II 

Calendar No. 529

108TH CONGRESS 

2D SESSION S. 1955

[Report No. 108–273] 

To make technical corrections to laws relating to Native Americans, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 25, 2003

Mr. CAMPBELL introduced the following bill; which was read twice and 

referred to the Committee on Indian Affairs 

MAY 20, 2004

Reported by Mr. CAMPBELL, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL

To make technical corrections to laws relating to Native 

Americans, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Native American Technical Corrections Act of 2004’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—TECHNICAL AMENDMENTS AND OTHER PROVISIONS 

RELATING TO NATIVE AMERICANS 

Sec. 101. National Fund for Excellence in American Indian Education. 

Sec. 102. Indian Financing Act Amendment. 

Sec. 103. Exchanged Indian land. 

Sec. 104. Indian tribal justice technical and legal assistance. 

Sec. 105. Tribal justice systems. 

Sec. 106. Authorization of 99-year leases for the Prairie Band of Potawatomi. 

Sec. 107. Navajo healthcare contracting. 

Sec. 108. Crow Tribal Trust Fund. 

Sec. 109. Fallon Paiute-Shoshone Tribe Settlement Fund. 

Sec. 110. ANCSA amendment. 

TITLE II—COWLITZ INDIAN TRIBE DISTRIBUTION OF JUDGMENT 

FUNDS ACT 

Sec. 201. Cowlitz Indian Tribe Distribution of Judgment Funds Act. 

Sec. 202. Definitions. 

Sec. 203. Judgment distribution plan. 

Sec. 204. Distribution and use of funds. 

TITLE III—ASSINIBOINE AND SIOUX TRIBES OF THE FORT PECK 

RESERVATION. 

Sec. 301. Short title. 

Sec. 302. Findings and purpose. 

Sec. 303. Definitions. 

Sec. 304. Distribution of judgment funds. 

Sec. 305. Applicable law. 

TITLE IV—UTU UTU GWAITU PAIUTE INDIAN LAND TRANSFER 

Sec. 401. Transfer.

3 SEC. 2. DEFINITION OF SECRETARY. 

4 In this Act, the term ‘‘Secretary’’ means the Sec5 retary of the Interior. 
3

•S 1955 RS 

1 TITLE I—TECHNICAL AMEND2 MENTS AND OTHER PROVI3 SIONS RELATING TO NATIVE 

4 AMERICANS 

5 SEC. 101. NATIONAL FUND FOR EXCELLENCE IN AMERICAN 

6 INDIAN EDUCATION. 

7 Title V of the Indian Self-Determination and Edu8 cation Assistance Act (25 U.S.C. 458bbb) is amended—

9 (1) by striking the title heading and inserting 

10 the following: 

11 ‘‘TITLE V—NATIONAL FUND FOR 

12 EXCELLENCE IN AMERICAN 

13 INDIAN EDUCATION’’; 

14 (2) in section 501 (25 U.S.C. 458bbb)—

15 (A) by striking the section heading and in16 serting the following: 

17 ‘‘SEC. 501. NATIONAL FUND FOR EXCELLENCE IN AMER18 ICAN INDIAN EDUCATION.’’; 

19 and 

20 (B) in subsection (a), by striking ‘‘the 

21 American Indian Education Foundation’’ and 

22 inserting ‘‘a foundation to be known as the ‘Na23 tional Fund for Excellence in American Indian 

24 Education’ ’’; and 
4

•S 1955 RS 

1 (3) in section 503(2) (25 U.S.C. 458bbb–2(2)), 

2 by striking ‘‘Foundation’’ the second place it ap3 pears and inserting ‘‘National Fund for Excellence 

4 in American Indian Education’’. 

5 SEC. 102. INDIAN FINANCING ACT AMENDMENT. 

6 (a) LOAN GUARANTIES AND INSURANCE.—Section 

7 201 of the Indian Financing Act of 1974 (25 U.S.C. 

8 1481) is amended—

9 (1) by striking ‘‘the Secretary is authorized (a) 

10 to guarantee’’ and inserting ‘‘the Secretary may—

11 ‘‘(1) guarantee’’; 

12 (2) by striking ‘‘members; and (b) in lieu of 

13 such guaranty, to insure’’ and inserting ‘‘members; 

14 or 

15 ‘‘(2) to insure’’; 

16 (3) by striking ‘‘SEC. 201. In order’’ and insert17 ing the following: 

18 ‘‘SEC. 201. LOAN GUARANTIES AND INSURANCE. 

19 ‘‘(a) IN GENERAL.—In order’’; and 

20 (4) by adding at the end the following: 

21 ‘‘(b) ELIGIBLE BORROWERS.—The Secretary may 

22 guarantee or insure loans under subsection (a) to both for23 profit and nonprofit borrowers.’’. 
5

•S 1955 RS 

1 (b) LOAN APPROVAL.—Section 204 of the Indian Fi2 nancing Act of 1974 (25 U.S.C. 1484) is amended by 

3 striking ‘‘SEC. 204.’’ and inserting the following: 

4 ‘‘SEC. 204. LOAN APPROVAL.’’. 

5 SEC. 103. EXCHANGED INDIAN LAND. 

6 Notwithstanding any other provision of law, if—

7 (1) any portion of the Indian country (as de8 fined in section 1151 of title 18, United States 

9 Code) under the jurisdiction of an Indian tribe was 

10 subject to a government taking for a project that re11 ceived any funding under Public Law 85–500; 

12 (2) the Indian tribe applies for land to be taken 

13 into trust by the Federal Government; and 

14 (3) the Secretary of the Interior accepts the 

15 land into trust on behalf of the Indian tribe; 

16 the land shall be deemed for all purposes to have been 

17 acquired in trust as of the date of the taking. 

18 SEC. 104. INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL 

19 ASSISTANCE. 

20 Sections 106 and 201(d) of the Indian Tribal Justice 

21 Technical and Legal Assistance Act (25 U.S.C. 3666, 

22 3681(d)) are amended by striking ‘‘for fiscal years 2000 

23 through 2004’’ and inserting ‘‘for fiscal years 2004 

24 through 2010’’. 
6

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1 SEC. 105. TRIBAL JUSTICE SYSTEMS. 

2 Subsections (a), (b), (c), and (d) of section 201 of 

3 the Indian Tribal Justice Act (25 U.S.C. 3621) are 

4 amended by striking ‘‘2007’’ and inserting ‘‘2010’’. 

5 SEC. 106. AUTHORIZATION OF 99-YEAR LEASES FOR THE 

6 PRAIRIE BAND OF POTAWATOMI. 

7 (a) IN GENERAL.—Subsection (a) of the first section 

8 of the Act of August 9, 1955 (25 U.S.C. 415(a)) is amend9 ed in the second sentence—

10 (1) by inserting ‘‘the reservation of the Prairie 

11 Band Potawatomi Nation Reservation,’’ after 

12 ‘‘Spanish Grant’),’’; and

13 (2) by inserting ‘‘lands held in trust for the 

14 Prairie Band Potawatomi Nation,’’ before ‘‘lands 

15 held in trust for the Cherokee Nation of Oklahoma’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 subsection (a) apply to any lease entered into or renewed 

18 on or after the date of enactment of this Act. 

19 SEC. 107. NAVAJO HEALTHCARE CONTRACTING. 

20 Congress authorizes the Navajo Area Office of the In21 dian Health Service to reprogram contract healthcare 

22 service dollars for the Navajo Health Foundation/Sage 

23 Memorial Hospital 638 contract. 

24 SEC. 108. CROW TRIBAL TRUST FUND. 

25 Section 6(d) of the Crow Boundary Settlement Act 

26 of 1994 (25 U.S.C. 1776d(d)), is amended—
7

•S 1955 RS 

1 (1) in the subsection heading, by inserting 

2 ‘‘AND CAPITAL GAINS’’ after ‘‘INTEREST’’; 

3 (2) in paragraph (1), by striking ‘‘Only’’ and 

4 inserting ‘‘Except as provided in paragraph (4), 

5 only’’; and 

6 (3) by adding at the end the following: 

7 ‘‘(4) DISTRIBUTION OF CAPITAL GAINS.—Not8 withstanding subsection (f) or any other provision of 

9 law, capital gains and any other noninterest income 

10 received on funds in the Crow Tribal Trust Fund 

11 shall be available for distribution by the Secretary to 

12 the Crow Tribe to the extent that the balance in the 

13 Crow Tribal Trust Fund (including capital gains) 

14 exceeds $85,000,000, for the same uses and subject 

15 to the same restrictions in paragraphs (1) and (3) 

16 as are applicable to distributions of interest.’’. 

17 SEC. 109. FALLON PAIUTE-SHOSHONE TRIBE SETTLEMENT 

18 FUND. 

19 Section 102 of the Fallon Paiute Shoshone Indian 

20 Tribes Water Rights Settlement Act of 1990 (104 Stat. 

21 3289) is amended—

22 (1) In subsection (C)—

23 (A) in paragraph (1), by striking ‘‘The in24 come of the Fund may be obligated and ex25 pended only for the following purposes:’’ and in-
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1 serting the following: ‘‘Notwithstanding any 

2 conflicting provision in the original Fund plan 

3 developed in consultation with the Secretary 

4 under subsection (f), during fiscal year 2004 

5 and each subsequent fiscal year, 6 percent of 

6 the average quarterly market value of the Fund 

7 during the immediately preceding 3 fiscal years 

8 (referred to in this title as the ‘Annual 6 per9 cent Amount’) may be expended or obligated 

10 only for the purposes specified in subpara11 graphs (a) through (f) of this section. In addi12 tion, during each fiscal year subsequent to 

13 Fund fiscal year 2004, any unexpended and un14 obligated portion of the Annual 6 percent 

15 Amount from any of the 3 immediately pre16 ceding Fund fiscal years subsequent to fiscal 

17 year 2003, not including any income that may 

18 accrue on that portion may also be expended or 

19 obligated only for the following purposes:’’; and 

20 (B) by striking paragraphs (2) through (4) 

21 and inserting the following: 

22 ‘‘(2) No monies from the Fund other than the 

23 amounts authorized in subsection (C)(1) may be expended 

24 or obligated for any purpose. 
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1 ‘‘(3) Notwithstanding any conflicting provision in the 

2 original Fund plan, during fiscal year 2004 and each sub3 sequent fiscal year, not more than 20 percent of the An4 nual 6 percent Amount for the fiscal year (referred to in 

5 this title as the ‘Annual 1.2 percent Amount’) may be ex6 pended or obligated under subsection (c)(1)(C) for per 

7 capita distributions to tribal members, provided that dur8 ing each Fund fiscal year subsequent to fiscal year 2004, 

9 any unexpended and unobligated portion of the Annual 1.2 

10 percent Amount from any of the 3 immediately preceding 

11 Fund fiscal years subsequent to fiscal year 2003, not in12 cluding any income that may accrue on that portion, may 

13 also be expended or obligated for such per capita pay14 ments.’’; and 

15 (2) in subsection (D), by adding at the end the 

16 following: ‘‘Notwithstanding any conflicting provi17 sion in the original Fund plan, the Fallon Business 

18 Council, in consultation with the Secretary, shall 

19 promptly amend the original plan for purposes of 

20 conforming the plan to this title and making non21 substantive updates, improvements, or corrections to 

22 the original plan.’’. 

23 SEC. 110. ANCSA AMENDMENT. 

24 All land and interests in land in the State of Alaska 

25 conveyed by the Federal Government under the Alaska 
10

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1 Native Claims Settlement Act (43 U.S.C. 1601 et seq.) 

2 to a Native Corporation and reconveyed by that Native 

3 Corporation, or a successor in interest, in exchange for 

4 any other land or interest in land in the State of Alaska 

5 and located within the same region (as defined in section 

6 9(a) of the Alaska Native Claims Settlement Act (43 

7 U.S.C. 1608(a)), to a Native Corporation under an ex8 change or other conveyance, shall be deemed, notwith9 standing the conveyance or exchange, to have been con10 veyed pursuant to that Act.

11 TITLE II—COWLITZ INDIAN 

12 TRIBE DISTRIBUTION OF 

13 JUDGMENT FUNDS ACT 

14 SEC. 201. COWLITZ INDIAN TRIBE DISTRIBUTION OF JUDG15 MENT FUNDS ACT. 

16 This title shall be known as the ‘‘Cowlitz Indian Tribe 

17 Distribution of Judgment Funds Act’’. 

18 SEC. 202. DEFINITIONS. 

19 In this title: 

20 (1) CURRENT JUDGMENT FUND.—The term 

21 ‘‘current judgment fund’’ means the funds awarded 

22 by the Indian Claims Commission Docket No. 218 

23 and all interest accrued on the funds as of the date 

24 of enactment of this Act. 
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1 (2) INITIAL INTEREST.—The term ‘‘initial in2 terest’’ means the interest on the funds awarded by 

3 the Indian Claims Commission Docket No. 218 dur4 ing the time period from 1 year before the date of 

5 enactment of this Act through the date of enactment 

6 of this Act. 

7 (3) PRINCIPAL.—The term ‘‘principal’’ means 

8 the funds awarded by the Indian Claims Commission 

9 Docket No. 218 and all interest accrued on the 

10 funds as of 1 year before the date of enactment of 

11 this Act. 

12 (4) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 (5) TRIBE.—The term ‘‘Tribe’’ means the 

15 Cowlitzq Indian Tribe of Washington, to which the 

16 Secretary extended Federal recognition on December 

17 31, 2001, under part 83 of title 25, Code of Federal 

18 Regulations. 

19 (6) TRIBAL MEMBER.—The term ‘‘tribal mem20 ber’’ means an individual who is an enrolled member 

21 of the Cowlitz Indian Tribe in accordance with tribal 

22 enrollment procedures and requirements. 

23 (7) TRIBAL ELDER.—The term ‘‘tribal elder’’ 

24 means a tribal member who was 62 years of age or 

25 older as of February 14, 2000. 
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1 SEC. 203. JUDGMENT DISTRIBUTION PLAN. 

2 Notwithstanding the Indian Tribal Judgment Funds 

3 Use or Distribution Act (25 U.S.C. 1401 et seq.), or any 

4 plan prepared or promulgated by the Secretary under that 

5 Act, the judgment funds awarded in Indian Claims Com6 mission Docket No. 218 and interest accrued on those 

7 funds as of the date of enactment of this Act shall be dis8 tributed and used in accordance with this title. 

9 SEC. 204. DISTRIBUTION AND USE OF FUNDS. 

10 (a) PRESERVATION OF PRINCIPAL AFTER ELDERLY

11 ASSISTANCE AND TRIBAL ADMINISTRATION PAYMENTS.—

12 (1) IN GENERAL.—Except as provided in sub13 section (b), the principal shall not be distributed 

14 under this title. 

15 (2) DISBURSEMENTS.—The Secretary shall—

16 (A) maintain undistributed current judg17 ment funds in an interest-bearing account in 

18 trust for the Tribe; and 

19 (B) disburse principal or interest in ac20 cordance with this title not later than 30 days 

21 after receipt by the Northwest Regional Direc22 tor of the Bureau of Indian Affairs of a request 

23 by the Cowlitz Tribal Council for a disburse24 ment of funds. 

25 (b) ELDERLY ASSISTANCE PROGRAM.—
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1 (1) SETASIDE.—From the current judgment 

2 fund, the Secretary shall set aside 20 percent for an 

3 elderly assistance payment. 

4 (2) PAYMENTS.—The Secretary shall provide 1 

5 elderly assistance payment to each enrolled tribal 

6 elder not later than 30 days after all of the following 

7 have occurred: 

8 (A) LIST OF ENROLLED MEMBERS.—The 

9 Cowlitz Tribal Council has compiled and re10 viewed for accuracy a list of all enrolled tribal 

members that are both a minimum of 1 11 ⁄16 Cow12 litz blood and 62 years of age or older as of 

13 February 14, 2000. 

14 (B) VERIFICATION.—The Secretary has 

15 verified the blood quantum and age of the tribal 

16 members identified on the list under subpara17 graph (A). 

18 (C) REQUEST FOR DISBURSEMENT.—The 

19 Cowlitz Tribal Council has made a request for 

20 disbursement of judgment funds for the elderly 

21 assistance payment. 

22 (3) DEATH OF TRIBAL ELDER.—If a tribal 

23 elder eligible for an elderly assistance payment dies 

24 before receiving payment under this subsection, the 

25 funds that would have been paid to the tribal elder 
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1 shall be added to and distributed in accordance with 

2 the emergency assistance program under subsection 

3 (c). 

4 (4) COSTS.—The Secretary shall pay all costs 

5 of distribution under this subsection out of the 

6 amount set aside under paragraph (1). 

7 (c) EMERGENCY ASSISTANCE PROGRAM.—

8 (1) SETASIDE.—From the principal, the Sec9 retary shall set aside 10 percent for an emergency 

10 assistance program.

11 (2) DISTRIBUTION OF INTEREST.—Beginning 

12 the second year after the date of enactment of this 

13 Act, interest earned on the amount setaside—

14 (A) shall be distributed annually in a lump 

15 sum to the Cowlitz Tribal Council; and 

16 (B) shall be used to provide emergency as17 sistance for tribal members. 

18 (3) AVAILABILITY OF INTEREST.—Of the initial 

19 interest, 10 percent shall be available on the date of 

20 enactment of this Act shall be used to fund the pro21 gram for the first year after the date of enactment 

22 of this Act. 

23 (d) EDUCATION, VOCATIONAL, AND CULTURAL

24 TRAINING PROGRAM.—
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1 (1) SETASIDE.—From the principal, the Sec2 retary shall set aside 10 percent for an education, 

3 vocational, and cultural training program. 

4 (2) DISTRIBUTION OF INTEREST.—Beginning 

5 the second year after the date of enactment of this 

6 Act, interest earned on the amount setaside—

7 (A) shall be distributed annually in a lump 

8 sum to the Cowlitz Tribal Council; and 

9 (B) shall be used to provide scholarships to 

10 tribal members pursuing educational advance11 ment, including cultural and vocational train12 ing. 

13 (3) AVAILABILITY OF INTEREST.—Of the initial 

14 interest, 10 percent shall be available upon the date 

15 of enactment of this Act to fund the program for the 

16 first year after the date of enactment of this Act. 

17 (e) HOUSING ASSISTANCE PROGRAM.—

18 (1) SETASIDE.—From the principal, the Sec19 retary shall set aside 5 percent for a housing assist20 ance program. 

21 (2) DISTRIBUTION OF INTEREST.—Beginning 

22 the second year after the date of enactment of this 

23 Act, interest earned on the amount set aside—

24 (A) shall be disbursed annually in a lump 

25 sum to the Cowlitz Tribal Council; and 
16

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1 (B) shall be—

2 (i) used as a supplement to any exist3 ing tribal housing improvements program; 

4 or 

5 (ii) used in a separate housing assist6 ance Program established by the Cowlitz 

7 Tribal Council. 

8 (3) AVAILABILITY OF INTEREST.—Of the initial 

9 interest, 5 percent shall be available on the date of 

10 enactment of this Act to fund the program for the 

11 first year after the date of enactment of this Act. 

12 (f) ECONOMIC DEVELOPMENT, TRIBAL, AND CUL13 TURAL CENTERS.—

14 (1) SETASIDE.—From the principal, the Sec15 retary shall set aside 21.5 percent—

16 (A) for economic development; and 

17 (B) if other funding is not available or not 

18 adequate (as determined by the Tribe), for the 

19 construction and maintenance of tribal and cul20 tural centers. 

21 (2) DISTRIBUTION OF INTEREST.—Beginning 

22 the second year after the date of enactment of this 

23 Act, interest earned on the amount set aside—

24 (A) shall be disbursed annually in a lump 

25 sum to the Cowlitz Tribal Council; and 
17

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1 (B) shall be used for—

2 (i) property acquisition for business or 

3 other activities that are likely to benefit 

4 the Tribe economically or provide employ5 ment for tribal members; 

6 (ii) business development for the 

7 Tribe, including collateralization of loans 

8 for the purchase or operation of busi9 nesses, matching funds for economic devel10 opment grants, joint venture partnerships, 

11 and other similar ventures that are likely 

12 to produce profits for the Tribe; and 

13 (iii) design, construction, mainte14 nance, and operation of tribal centers and 

15 cultural centers. 

16 (3) LOAN REPAYMENT.—The principal and in17 terest of any business loan made under paragraph 

18 (2) shall be repaid to the economic development pro19 gram for reinvestments, and business profits shall be 

20 credited to the general fund of the Tribe for uses to 

21 be determined by the Cowlitz Tribal Council. 

22 (4) AVAILABILITY OF INTEREST.— 21.5 percent 

23 of the initial interest available upon the date of en24 actment of this Act to fund the program for the first 

25 year after the date of enactment of this Act. 
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1 (g) NATURAL RESOURCES.—

2 (1) SETASIDE.—From the principal, the Sec3 retary shall set aside 7.5 percent for natural re4 sources. 

5 (2) DISTRIBUTION OF INTEREST.—Beginning 

6 the second year after the date of enactment of this 

7 Act, interest earned on the amount set aside—

8 (A) shall be disbursed annually in a lump 

9 sum to the Cowlitz Tribal Council; and

10 (B) may be added to any existing tribal 

11 natural resource program to enhance the use 

12 and enjoyment by the Tribe of existing and re13 newable natural resources on tribal land. 

14 (3) AVAILABILITY OF INTEREST.—7.5 percent 

15 of the initial interest shall be available upon the date 

16 of enactment of this Act to fund the program for the 

17 first year after the date of enactment of this Act. 

18 (h) CULTURAL RESOURCES.—

19 (1) SETASIDE.—From the principal, the Sec20 retary shall set aside 4 percent for cultural re21 sources. 

22 (2) DISTRIBUTION OF INTEREST.—Beginning 

23 the second year after the date of enactment of this 

24 Act, interest earned on the amount set aside—
19

•S 1955 RS 

1 (A) shall be distributed annually in a lump 

2 sum to the Cowlitz Tribal Council; and 

3 (B) shall be used to—

4 (i) maintain artifacts; 

5 (ii) collect documents; and 

6 (iii) archive and identify cultural sites 

7 of tribal significance. 

8 (3) AVAILABILITY OR INTEREST.—Of the initial 

9 interest, 4 percent shall be available on the date of 

10 enactment of this Act to fund the program for the 

11 first year after the date of enactment of this Act. 

12 (i) HEALTH.—

13 (1) SETASIDE.—From the principal, the Sec14 retary shall set aside 21 percent for health. 

15 (2) DISTRIBUTION OF INTEREST.—Beginning 

16 the second year after the date of enactment of this 

17 Act, interest earned on the amount set aside—

18 (A) shall be disbursed annually in a lump 

19 sum to the Cowlitz Tribal Council; and 

20 (B) shall be used for the health needs of 

21 the Tribe. 

22 (3) AVAILABILITY OF INTEREST.—21 percent of 

23 the initial interest shall be available on the date of 

24 enactment of this Act to fund the program for the 

25 first year after the date of enactment of this Act. 
20

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1 (j) TRIBAL ADMINISTRATION PROGRAM.—

2 (1) SETASIDE.—From the principal, the Sec3 retary shall set aside 21 percent for tribal adminis4 tration. 

5 (2) DISTRIBUTION OF INTEREST.—

6 (A) INITIAL DISTRIBUTION.—Of the initial 

7 interest, 21 percent, and of the principal, the 

8 difference between 21 percent of the initial in9 terest and $150,000, shall be set aside and im10 mediately disbursed to the Tribe for the pur11 poses of funding tribal administration for the 

12 first year after the date of enactment of this 

13 Act. 

14 (B) SUBSEQUENT DISTRIBUTION.—Begin15 ning the second year after the date of enact16 ment of this Act, interest earned on the remain17 ing principal set aside under this subsection 

18 shall be disbursed annually in a lump sum to 

19 pay the operating costs of the Cowlitz Tribal 

20 Council, including travel, telephone, cultural, 

21 and other expenses incurred in the conduct of 

22 the affairs of the Tribe and legal fees as ap23 proved by the Cowlitz Tribal Council. 

24 (k) GENERAL CONDITIONS.—
21

•S 1955 RS 

1 (1) IN GENERAL.—The conditions stated in this 

2 subsection apply to the management and use of all 

3 funds available under this title by the Cowlitz Tribal 

4 Council. 

5 (2) ADMINISTRATIVE COSTS.—Not more than 

6 10 percent of the interest earned on the principal 

7 designated for the program under any subsection, 

8 except the programs under subsections (i) and (j), 

9 may be used for the administrative costs of the pro10 gram. 

11 (3) NO SERVICE AREA.—

12 (A) IN GENERAL.—No service area is im13 plied or imposed under any program under this 

14 title. 

15 (B) MEMBERS OUTSIDE SERVICE AREA.—

16 If the costs of administering any program 

17 under this Act for the benefit of tribal members 

18 living outside the Tribe’s Indian Health Service 

19 area are greater than 10 percent of the interest 

20 earned on the principal designated for that pro21 gram, the Cowlitz Tribal Council may authorize 

22 the expenditure of such funds for that program. 

23 (3) APPROVAL.—Before any expenditures, the 

24 Cowlitz Tribal Council shall approve all programs 

25 and shall publish in a publication of general circula-
22

•S 1955 RS 

1 tion regulations that provide standards and priorities 

2 for programs under this title. 

3 (4) APPLICABILITY OF OTHER LAW.—Section 7 

4 of the Indian Tribal Judgment Funds Use or Dis5 tribution Act (25 U.S.C. 1407) shall apply to funds 

6 available under this title. 

7 (5) APPEAL.—

8 (A) IN GENERAL.—Any tribal member who 

9 believes that he or she has been unfairly denied 

10 the right to take part in any program under 

11 this title may appeal to the tribal secretary. 

12 (B) RESOLUTION.—The tribal secretary 

13 shall bring the appeal to the Cowlitz Tribal 

14 Council for resolution. 

15 (C) TIMELY RESPONSE.—The resolution 

16 shall be made in a timely manner, and the trib17 al secretary shall respond to the tribal member. 

18 TITLE III—ASSINIBOINE AND 

19 SIOUX TRIBES OF THE FORT 

20 PECK RESERVATION 

21 SEC. 301. SHORT TITLE. 

22 This title may be cited as the ‘‘Assiniboine and Sioux 

23 Tribes of the Fort Peck Reservation Judgment Fund Dis24 tribution Act of 2003’’. 
23

•S 1955 RS 

1 SEC. 302. FINDINGS. 

2 Congress finds that—

3 (1) on December 18, 1987, the Assiniboine and 

4 Sioux Tribes of the Fort Peck Reservation and 5 in5 dividual Fort Peck tribal members filed a complaint 

6 in the United States Claims Court (currently the 

7 Court of Federal Claims) in the case of Assiniboine 

8 and Sioux Tribes of the Fort Peck Reservation v. 

9 United States of America, Docket No. 773–87–L, to 

10 recover interest earned on trust funds while those 

11 funds were held in special deposit accounts and In12 dian Moneys–Proceeds of Labor accounts; 

13 (2) the Court held that the United States was 

14 liable for any income derived from investment of the 

15 trust funds of the Tribe and individual members of 

16 the Tribe for the period during which those funds 

17 were held in special deposit accounts and Indian 

18 Moneys–Proceeds of Labor accounts; 

19 (3) on December 31, 1998, the plaintiffs en20 tered into a settlement with the United States for 

21 claims made in the case for payment by the United 

22 States of—

23 (A) $1,339,415.33, representing interest 

24 earned on funds while held in special deposit 

25 accounts at the Fort Peck Agency during the 
24

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1 period August 13, 1946, through September 30, 

2 1981; 

3 (B) $2,749,354.41, representing—

4 (i) interest on the principal indebted5 ness for the period from August 13, 1946, 

6 through July 31, 1998; plus 

7 (ii) $364.27 in per diem interest on 

8 the principal indebtedness for each day 

9 during the period commencing August 1, 

10 1998, and ending on the date on which the 

11 judgment is paid; and 

12 (C) $350,000, representing the litigation 

13 costs and attorney’s fees that the Tribe in14 curred to prosecute the claims; 

15 (4) the terms of the settlement were approved 

16 by the Court on January 8, 1999, and judgment was 

17 entered on January 12, 1999; 

18 (5) on March 18, 1999, $4,522,551.84 was 

19 transferred to the Department of the Interior; 

20 (6) that judgment amount was deposited in an 

21 escrow account established to provide—

22 (A) $350,000 for the payment of attor23 ney’s fees and expenses; and 
25

•S 1955 RS 

1 (B) $4,172,551.84 for pending Court-or2 dered distribution to the Tribe and individual 

3 Indian trust beneficiaries; 

4 (7) on January 31, 2001, the Court approved 

5 a joint stipulation that established procedures for—

6 (A) identification of the class of individual 

7 Indians having an interest in the judgment; 

8 (B) notice to and certification of that 

9 class; and

10 (C) the distribution of the judgment 

11 amount to the Tribe and affected class of indi12 vidual Indians; 

13 (8)(A) on or about February 14, 2001, in ac14 cordance with the Court-approved stipulation, 

15 $643,186.73 was transferred to an account estab16 lished by the Secretary for the benefit of the Tribe; 

17 and 

18 (B) that transferred amount represents—

19 (i) 54.2 percent of the Tribe’s estimated 

20 26-percent share of the amount referred to in 

21 paragraph (6)(B); plus 

22 (ii) 50 percent of the Tribe’s estimated 26-

23 percent share of interest and capital gains 

24 earned on the judgment amount from the pe-
26

•S 1955 RS 

1 riod beginning March 18, 1999, and ending on 

2 December 31, 2000; 

3 (9) under the Court-approved stipulation—

4 (A) that transferred amount is to remain 

5 available for use by the Tribe in accordance 

6 with a plan adopted under the Indian Tribal 

7 Judgment Funds Use or Distribution Act (25 

8 U.S.C. 1401 et seq.); 

9 (B) the Tribe will most likely receive addi10 tional payments from the distribution amount 

11 once the identification of all individuals eligible 

12 to share in the distribution amount is completed 

13 and the pro rata shares are calculated; and 

14 (C) those additional payments would in15 clude—

16 (i) the balance of the share of the 

17 Tribe of the distribution amount and in18 vestment income earned on the distribution 

19 amount; 

20 (ii) the portion of the distribution 

21 amount that represents income derived on 

22 funds in special deposit accounts that are 

23 not attributable to the Tribe or any indi24 vidual Indian; and 
27

•S 1955 RS 

1 (iii) the portion of the distribution 

2 amount that represents shares attributable 

3 to individual Indians that—

4 (I) cannot be located for pur5 poses of accepting payment; and 

6 (II) will not be bound by the 

7 judgment in the case referred to in 

8 paragraph (1); and 

9 (10) under the Indian Tribal Judgment Funds 

10 Use or Distribution Act (25 U.S.C. 1401 et seq.), 

11 the Secretary is required to submit to Congress for 

12 approval an Indian judgment fund use or distribu13 tion plan. 

14 SEC. 303. DEFINITIONS. 

15 In this title: 

16 (1) COURT.—The term ‘‘Court’’ means the 

17 Court of Federal Claims. 

18 (2) DISTRIBUTION AMOUNT.—The term ‘‘dis19 tribution amount’’ means the amount referred to in 

20 section 302(6)(B). 

21 (3) JUDGMENT AMOUNT.—The term ‘‘judgment 

22 amount’’ means the amount referred to in section 

23 302(5). 
28

•S 1955 RS 

1 (4) PRINCIPAL INDEBTEDNESS.—The term 

2 ‘‘principal indebtedness’’ means the amount referred 

3 to in section 302(3)(A). 

4 (5) TRIBE.—The term ‘‘Tribe’’ means the As5 siniboine and Sioux Tribes of the Fort Peck Res6 ervation. 

7 SEC. 304. DISTRIBUTION OF JUDGMENT FUNDS. 

8 (a) IN GENERAL.—Notwithstanding any provision of 

9 the Indian Tribal Judgment Funds Use or Distribution 

10 Act (25 U.S.C. 1401 et seq.), the share of the Tribe of 

11 the distribution amount, and such additional amounts as 

12 may be awarded to the Tribe by the Court with respect 

13 to the case referred to in section 302(1) (including any 

14 interest accrued on those amounts)—

15 (1) shall be made available for tribal health, 

16 education, housing, and social services programs of 

17 the Tribe, including—

18 (A) educational and youth programs; 

19 (B) programs for improvement of facilities 

20 and housing; 

21 (C) programs to provide equipment for 

22 public utilities; 

23 (D) programs to provide medical assistance 

24 or dental, optical, or convalescent equipment; 

25 and
29

•S 1955 RS 

1 (E) programs to provide senior citizen and 

2 community services; and 

3 (2) shall not be available for per capita dis4 tribution to any member of the Tribe. 

5 (b) BUDGET SPECIFICATION.—The specific programs 

6 for which funds are made available under subsection 

7 (a)(1), and the amount of funds allocated to each of those 

8 programs, shall be specified in an annual budget developed 

9 by the Tribe and approved by the Secretary. 

10 SEC. 305. APPLICABLE LAW. 

11 Except as provided in section 304(a), all funds dis12 tributed under this title are subject to sections 7 and 8 

13 of the Indian Tribal Judgment Funds Use or Distribution 

14 Act (25 U.S.C. 1407, 1408).

15 TITLE IV—UTU UTU GWAITU 

16 PAIUTE INDIAN LAND TRANSFER 

17 SEC. 401. TRANSFER. 

18 Section 902(b) of the California Indian Land Trans19 fer Act (114 Stat. 2921) is amended—

20 (1) by striking ‘‘3,525.8’’ and inserting 

21 ‘‘3,765.8’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(9) UTU UTU GWAITU PAIUTE TRIBE.—Lands 

24 to be held in trust for the Utu Utu Gwaitu Paiute 
30

•S 1955 RS 

1 Tribe, Benton Paiute Reservation are comprised of 

2 approximately 240 acres described as follows: 

3 ‘‘Mount Diablo Base and Meridian 

4 ‘‘Township 2 South, Range 31 East 

5 ‘‘Section 11: 

‘‘SE1⁄2 and E1⁄2 of SW1 6 ⁄4.’’.

7 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

8 (a) SHORT TITLE.—This Act may be cited as the ‘‘Na9 tive American Technical Corrections Act of 2004’’. 

10 (b) TABLE OF CONTENTS.—The table of contents of this 

11 Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—TECHNICAL AMENDMENTS AND OTHER PROVISIONS 

RELATING TO NATIVE AMERICANS 

Sec. 101. National Fund for Excellence in American Indian Education. 

Sec. 102. Indian Financing Act Amendments. 

Sec. 103. Indian tribal justice technical and legal assistance. 

Sec. 104. Tribal justice systems. 

Sec. 105. Crow Tribal Trust Fund. 

Sec. 106. Fallon Paiute-Shoshone Tribe Settlement Fund. 

Sec. 107. ANCSA amendment. 

Sec. 108. Native Hawaiian cultural activities. 

TITLE II—ASSINIBOINE AND SIOUX TRIBES OF THE FORT PECK 

RESERVATION 

Sec. 201. Short title. 

Sec. 202. Findings. 

Sec. 203. Definitions. 

Sec. 204. Distribution of judgment funds. 

Sec. 205. Applicable law. 

TITLE III—INDIAN LAND LEASING 

Sec. 301. Authorization of 99-year leases. 

Sec. 302. Certification of rental proceeds. 

Sec. 303. Montana Indian Tribes; agreement with Dry Prairie Rural Water Association, Incorporated. 

Sec. 304. Authorization of leases of restricted land for terms of 99 years. 
31

•S 1955 RS 

TITLE IV—NAVAJO HEALTH CONTRACTING 

Sec. 401. Navajo health contracting.

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Secretary 

3 of the Interior. 

4 TITLE I—TECHNICAL AMEND5 MENTS AND OTHER PROVI6 SIONS RELATING TO NATIVE 

7 AMERICANS 

8 SEC. 101. NATIONAL FUND FOR EXCELLENCE IN AMERICAN 

9 INDIAN EDUCATION. 

10 Title V of the Indian Self-Determination and Edu11 cation Assistance Act (25 U.S.C. 458bbb) is amended—

12 (1) by striking the title heading and inserting 

13 the following: 

14 ‘‘TITLE V—NATIONAL FUND FOR 

15 EXCELLENCE IN AMERICAN 

16 INDIAN EDUCATION’’; 

17 (2) in section 501 (25 U.S.C. 458bbb)—

18 (A) by striking the section heading and in19 serting the following: 

20 ‘‘SEC. 501. NATIONAL FUND FOR EXCELLENCE IN AMERICAN 

21 INDIAN EDUCATION.’’; 

22 and 

23 (B) in subsection (a), by striking ‘‘the 

24 American Indian Education Foundation’’ and 
32

•S 1955 RS 

1 inserting ‘‘a foundation to be known as the ‘Na2 tional Fund for Excellence in American Indian 

3 Education’ ’’; and 

4 (3) in section 503(2) (25 U.S.C. 458bbb–2(2)), 

5 by striking ‘‘Foundation’’ the second place it appears 

6 and inserting ‘‘National Fund for Excellence in 

7 American Indian Education’’. 

8 SEC. 102. INDIAN FINANCING ACT AMENDMENTS. 

9 (a) LOAN GUARANTIES AND INSURANCE.—Section 201 

10 of the Indian Financing Act of 1974 (25 U.S.C. 1481) is 

11 amended—

12 (1) by striking ‘‘the Secretary is authorized (a) 

13 to guarantee’’ and inserting ‘‘the Secretary may—

14 ‘‘(1) guarantee’’; 

15 (2) by striking ‘‘members; and (b) in lieu of such 

16 guaranty, to insure’’ and inserting ‘‘members; or 

17 ‘‘(2) to insure’’; 

18 (3) by striking ‘‘SEC. 201. In order’’ and insert19 ing the following: 

20 ‘‘SEC. 201. LOAN GUARANTIES AND INSURANCE. 

21 ‘‘(a) IN GENERAL.—In order’’; and 

22 (4) by adding at the end the following: 

23 ‘‘(b) ELIGIBLE BORROWERS.—The Secretary may 

24 guarantee or insure loans under subsection (a) to both for25 profit and nonprofit borrowers.’’. 
33

•S 1955 RS 

1 (b) LOAN APPROVAL.—Section 204 of the Indian Fi2 nancing Act of 1974 (25 U.S.C. 1484) is amended by strik3 ing ‘‘SEC. 204.’’ and inserting the following: 

4 ‘‘SEC. 204. LOAN APPROVAL.’’. 

5 (c) LOANS INELIGIBLE FOR GUARANTY OR INSUR6 ANCE.—Section 206 of the Indian Financing Act of 1974 

7 (25 U.S.C. 1486) is amended by inserting ‘‘(not including 

8 an eligible Native American owned or operated Community 

9 Development Finance Institution)’’ after ‘‘Government’’. 

10 (d) AGGREGATE LOANS OR SURETY BONDS LIMITA11 TION.—Section 217(b) of the Indian Financing Act of 1974 

12 (25 U.S.C. 1497(b)) is amended by striking ‘‘$500,000,000’’ 

13 and inserting ‘‘$1,500,000,000’’. 

14 SEC. 103. INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL 

15 ASSISTANCE. 

16 Sections 106 and 201(d) of the Indian Tribal Justice 

17 Technical and Legal Assistance Act (25 U.S.C. 3666, 

18 3681(d)) are amended by striking ‘‘for fiscal years 2000 

19 through 2004’’ and inserting ‘‘for fiscal years 2004 through 

20 2010’’. 

21 SEC. 104. TRIBAL JUSTICE SYSTEMS. 

22 Subsections (a), (b), (c), and (d) of section 201 of the 

23 Indian Tribal Justice Act (25 U.S.C. 3621) are amended 

24 by striking ‘‘2007’’ and inserting ‘‘2010’’.
34

•S 1955 RS 

1 SEC. 105. CROW TRIBAL TRUST FUND. 

2 Section 6(d) of the Crow Boundary Settlement Act of 

3 1994 (25 U.S.C. 1776d(d)), is amended—

4 (1) in the subsection heading, by inserting ‘‘AND

5 CAPITAL GAINS’’ after ‘‘INTEREST’’; 

6 (2) in paragraph (1), by striking ‘‘Only’’ and 

7 inserting ‘‘Except as provided in paragraph (4), 

8 only’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(4) DISTRIBUTION OF CAPITAL GAINS.—Not11 withstanding subsection (f) or any other provision of 

12 law, capital gains and any other noninterest income 

13 received on funds in the Crow Tribal Trust Fund 

14 shall be available for distribution by the Secretary to 

15 the Crow Tribe to the extent that the balance in the 

16 Crow Tribal Trust Fund (including capital gains) ex17 ceeds $85,000,000, for the same uses and subject to the 

18 same restrictions in paragraphs (1) and (3) as are 

19 applicable to distributions of interest.’’. 

20 SEC. 106. FALLON PAIUTE-SHOSHONE TRIBE SETTLEMENT 

21 FUND. 

22 (a) SETTLEMENT FUND.—Section 102 of the Fallon 

23 Paiute Shoshone Indian Tribes Water Rights Settlement 

24 Act of 1990 (104 Stat. 3289) is amended—

25 (1) in subsection (C)—

26 (A) in paragraph (1)—
35

•S 1955 RS 

1 (i) by striking ‘‘The income of the 

2 Fund may be obligated and expended only 

3 for the following purposes:’’ and inserting 

4 the following: ‘‘Notwithstanding any con5 flicting provision in the original Fund plan 

6 during Fund fiscal year 2004 and during 

7 each subsequent Fund fiscal year, 6 percent 

8 of the average quarterly market value of the 

9 Fund during the immediately preceding 3 

10 Fund fiscal years (referred to in this title as 

11 the ‘Annual 6 percent Amount’), plus any 

12 unexpended and unobligated portion of the 

13 Annual 6 percent Amount from any of the 

14 3 immediately preceding Fund fiscal years 

15 that are subsequent to Fund fiscal year 

16 2003, less any negative income that may 

17 accrue on that portion, may be expended or 

18 obligated only for the following purposes:’’; 

19 and 

20 (ii) by adding at the end the following: 

21 ‘‘(g) Fees and expenses incurred in connection with the 

22 investment of the Fund, for investment management, invest23 ment consulting, custodianship, and other transactional 

24 services or matters.’’; and 
36

•S 1955 RS 

1 (B) by striking paragraph (4) and inserting 

2 the following: 

3 ‘‘(4) No monies from the Fund other than the 

4 amounts authorized under paragraphs (1) and (3) 

5 may be expended or obligated for any purpose. 

6 ‘‘(5) Notwithstanding any conflicting provision 

7 in the original Fund plan, during Fund fiscal year 

8 2004 and during each subsequent Fund fiscal year, 

9 not more than 20 percent of the Annual 6 percent 

10 Amount for the Fund fiscal year (referred to in this 

11 title as the ‘Annual 1.2 percent Amount’) may be ex12 pended or obligated under paragraph (1)(c) for per 

13 capita distributions to tribal members, except that 

14 during each Fund fiscal year subsequent to Fund fis15 cal year 2004, any unexpended and unobligated por16 tion of the Annual 1.2 percent Amount from any of 

17 the 3 immediately preceding Fund fiscal years that 

18 are subsequent to Fund fiscal year 2003, less any neg19 ative income that may accrue on that portion, may 

20 also be expended or obligated for such per capita pay21 ments.’’; and 

22 (2) in subsection (D), by adding at the end the 

23 following: ‘‘Notwithstanding any conflicting provision 

24 in the original Fund plan, the Fallon Business Coun25 cil, in consultation with the Secretary, shall promptly 
37

•S 1955 RS 

1 amend the original Fund plan for purposes of con2 forming the Fund plan to this title and making non3 substantive updates, improvements, or corrections to 

4 the original Fund plan.’’. 

5 (b) DEFINITIONS.—Section 107 of the Fallon Paiute 

6 Shoshone Indian Tribes Water Rights Settlement Act of 

7 1990 (104 Stat. 3293) is amended—

8 (1) by redesignating subsections (D), (E), (F), 

9 and (G) as subsections (F), (G), (H), and (I), respec10 tively; and 

11 (2) by striking subsections (B) and (C) and in12 serting the following: 

13 ‘‘(B) the term ‘Fund fiscal year’ means a fiscal 

14 year of the Fund (as defined in the Fund plan); 

15 ‘‘(C) the term ‘Fund plan’ means the plan estab16 lished under section 102(F), including the original 

17 Fund plan (the ‘Plan for Investment, Management, 

18 Administration and Expenditure dated December 20, 

19 1991’) and all amendments of the Fund plan under 

20 subsection (D) or (F)(1) of section 102; 

21 ‘‘(D) the term ‘income’ means the total net re22 turn from the investment of the Fund, consisting of 

23 all interest, dividends, realized and unrealized gains 

24 and losses, and other earnings, less all related fees 

25 and expenses incurred for investment management, 
38

•S 1955 RS 

1 investment consulting, custodianship and trans2 actional services or matters; 

3 ‘‘(E) the term ‘principal’ means the total 

4 amount appropriated to the Fallon Paiute Shoshone 

5 Tribal Settlement Fund under section 102(B);’’. 

6 SEC. 107. ANCSA AMENDMENT. 

7 All land and interests in land in the State of Alaska 

8 conveyed by the Federal Government under the Alaska Na9 tive Claims Settlement Act (43 U.S.C. 1601 et seq.) to a 

10 Native Corporation and reconveyed by that Native Corpora11 tion, or a successor in interest, in exchange for any other 

12 land or interest in land in the State of Alaska and located 

13 within the same region (as defined in section 9(a) of the 

14 Alaska Native Claims Settlement Act (43 U.S.C. 1608(a)), 

15 to a Native Corporation under an exchange or other convey16 ance, shall be deemed, notwithstanding the conveyance or 

17 exchange, to have been conveyed pursuant to that Act. 

18 SEC. 108. NATIVE HAWAIIAN CULTURAL ACTIVITIES. 

19 Section 7205(a)(3) of the Elementary and Secondary 

20 Education Act of 1965 (20 U.S.C. 7515(a)(3)) is amend21 ed—

22 (1) by redesignating subparagraphs (K) and (L) 

23 as subparagraphs (L) and (M), respectively; and 

24 (2) inserting after subparagraph (J) the fol25 lowing: 
39

•S 1955 RS 

1 ‘‘(K) research and educational activities re2 lating to Native Hawaiian culture, history, and 

3 law.’’. 

4 TITLE II—ASSINIBOINE AND 

5 SIOUX TRIBES OF THE FORT 

6 PECK RESERVATION 

7 SEC. 201. SHORT TITLE. 

8 This title may be cited as the ‘‘Assiniboine and Sioux 

9 Tribes of the Fort Peck Reservation Judgment Fund Dis10 tribution Act of 2004’’. 

11 SEC. 202. FINDINGS. 

12 Congress finds that—

13 (1) on December 18, 1987, the Assiniboine and 

14 Sioux Tribes of the Fort Peck Reservation and 5 indi15 vidual Fort Peck tribal members filed a complaint in 

16 the United States Claims Court (currently the Court 

17 of Federal Claims) in the case of Assiniboine and 

18 Sioux Tribes of the Fort Peck Reservation v. United 

19 States of America, Docket No. 773–87–L, to recover 

20 interest earned on trust funds while those funds were 

21 held in special deposit accounts and Indian Moneys–

22 Proceeds of Labor accounts; 

23 (2) the Court held that the United States was 

24 liable for any income derived from investment of the 

25 trust funds of the Tribe and individual members of
40

•S 1955 RS 

1 the Tribe for the period during which those funds 

2 were held in special deposit accounts and Indian 

3 Moneys–Proceeds of Labor accounts; 

4 (3) on December 31, 1998, the plaintiffs entered 

5 into a settlement with the United States for claims 

6 made in the case for payment by the United States 

7 of—

8 (A) $1,339,415.33, representing interest 

9 earned on funds while held in special deposit ac10 counts at the Fort Peck Agency during the pe11 riod August 13, 1946, through September 30, 

12 1981; 

13 (B) $2,749,354.41, representing—

14 (i) interest on the principal indebted15 ness for the period from August 13, 1946, 

16 through July 31, 1998; plus 

17 (ii) $364.27 in per diem interest on the 

18 principal indebtedness for each day during 

19 the period commencing August 1, 1998, and 

20 ending on the date on which the judgment 

21 is paid; and 

22 (C) $350,000, representing the litigation 

23 costs and attorney’s fees that the Tribe incurred 

24 to prosecute the claims; 
41

•S 1955 RS 

1 (4) the terms of the settlement were approved by 

2 the Court on January 8, 1999, and judgment was en3 tered on January 12, 1999; 

4 (5) on March 18, 1999, $4,522,551.84 was trans5 ferred to the Department of the Interior; 

6 (6) that judgment amount was deposited in an 

7 escrow account established to provide—

8 (A) $350,000 for the payment of attorney’s 

9 fees and expenses; and 

10 (B) $4,172,551.84 for pending Court-or11 dered distribution to the Tribe and individual 

12 Indian trust beneficiaries; 

13 (7) on January 31, 2001, the Court approved a 

14 joint stipulation that established procedures for—

15 (A) identification of the class of individual 

16 Indians having an interest in the judgment; 

17 (B) notice to and certification of that class; 

18 and

19 (C) the distribution of the judgment amount 

20 to the Tribe and affected class of individual In21 dians; 

22 (8)(A) on or about February 14, 2001, in accord23 ance with the Court-approved stipulation, 

24 $643,186.73 was transferred to an account established 

25 by the Secretary for the benefit of the Tribe; and 
42

•S 1955 RS 

1 (B) that transferred amount represents—

2 (i) 54.2 percent of the Tribe’s estimated 26-

3 percent share of the amount referred to in para4 graph (6)(B); plus 

5 (ii) 50 percent of the Tribe’s estimated 26-

6 percent share of interest and capital gains 

7 earned on the judgment amount from the period 

8 beginning March 18, 1999, and ending on De9 cember 31, 2000; 

10 (9) under the Court-approved stipulation—

11 (A) that transferred amount is to remain 

12 available for use by the Tribe in accordance with 

13 a plan adopted under the Indian Tribal Judg14 ment Funds Use or Distribution Act (25 U.S.C. 

15 1401 et seq.); 

16 (B) the Tribe will most likely receive addi17 tional payments from the distribution amount 

18 once the identification of all individuals eligible 

19 to share in the distribution amount is completed 

20 and the pro rata shares are calculated; and 

21 (C) those additional payments would in22 clude—

23 (i) the balance of the share of the Tribe 

24 of the distribution amount and investment 

25 income earned on the distribution amount; 
43

•S 1955 RS 

1 (ii) the portion of the distribution 

2 amount that represents income derived on 

3 funds in special deposit accounts that are 

4 not attributable to the Tribe or any indi5 vidual Indian; and 

6 (iii) the portion of the distribution 

7 amount that represents shares attributable 

8 to individual Indians that—

9 (I) cannot be located for purposes 

10 of accepting payment; and 

11 (II) will not be bound by the judg12 ment in the case referred to in para13 graph (1); and 

14 (10) under the Indian Tribal Judgment Funds 

15 Use or Distribution Act (25 U.S.C. 1401 et seq.), the 

16 Secretary is required to submit to Congress for ap17 proval an Indian judgment fund use or distribution 

18 plan. 

19 SEC. 203. DEFINITIONS. 

20 In this title: 

21 (1) COURT.—The term ‘‘Court’’ means the Court 

22 of Federal Claims. 

23 (2) DISTRIBUTION AMOUNT.—The term ‘‘dis24 tribution amount’’ means the amount referred to in 

25 section 202(6)(B). 
44

•S 1955 RS 

1 (3) JUDGMENT AMOUNT.—The term ‘‘judgment 

2 amount’’ means the amount referred to in section 

3 202(5). 

4 (4) PRINCIPAL INDEBTEDNESS.—The term 

5 ‘‘principal indebtedness’’ means the amount referred 

6 to in section 202(3)(A). 

7 (5) TRIBE.—The term ‘‘Tribe’’ means the Assini8 boine and Sioux Tribes of the Fort Peck Reservation. 

9 SEC. 204. DISTRIBUTION OF JUDGMENT FUNDS. 

10 (a) IN GENERAL.—Notwithstanding any provision of 

11 the Indian Tribal Judgment Funds Use or Distribution Act 

12 (25 U.S.C. 1401 et seq.), the share of the Tribe of the dis13 tribution amount, and such additional amounts as may be 

14 awarded to the Tribe by the Court with respect to the case 

15 referred to in section 202(1) (including any interest accrued 

16 on those amounts)—

17 (1) shall be made available for tribal health, edu18 cation, housing, and social services programs of the 

19 Tribe, including—

20 (A) educational and youth programs; 

21 (B) programs for improvement of facilities 

22 and housing; 

23 (C) programs to provide equipment for pub24 lic utilities;
45

•S 1955 RS 

1 (D) programs to provide medical assistance 

2 or dental, optical, or convalescent equipment; 

3 and 

4 (E) programs to provide senior citizen and 

5 community services; and 

6 (2) shall not be available for per capita distribu7 tion to any member of the Tribe. 

8 (b) BUDGET SPECIFICATION.—The specific programs 

9 for which funds are made available under subsection (a)(1), 

10 and the amount of funds allocated to each of those pro11 grams, shall be specified in an annual budget developed by 

12 the Tribe and approved by the Secretary. 

13 SEC. 205. APPLICABLE LAW. 

14 Except as provided in section 204(a), all funds distrib15 uted under this title are subject to sections 7 and 8 of the 

16 Indian Tribal Judgment Funds Use or Distribution Act (25 

17 U.S.C. 1407, 1408). 

18 TITLE III—INDIAN LAND 

19 LEASING 

20 SEC. 301. AUTHORIZATION OF 99-YEAR LEASES. 

21 (a) IN GENERAL.—Subsection (a) of the first section 

22 of the Act of August 9, 1955 (25 U.S.C. 415(a)), is amended 

23 in the second sentence—
46

•S 1955 RS 

1 (1) by inserting ‘‘the reservation of the Confed2 erated Tribes of the Umatilla Indian Reservation,’’ 

3 before ‘‘the Burns Paiute Reservation,’’; 

4 (2) by inserting ‘‘the’’ before ‘‘Yavapai-Prescott’’; 

5 (3) by inserting ‘‘the Muckleshoot Indian Res6 ervation and land held in trust for the Muckleshoot 

7 Indian Tribe,’’ after ‘‘the Cabazon Indian reserva8 tion,’’; 

9 (4) by striking ‘‘Washington,,’’ and inserting 

10 ‘‘Washington,’’; 

11 (5) by inserting ‘‘lands held in trust for the 

12 Prairie Band Potawatomi Nation,’’ before ‘‘lands held 

13 in trust for the Cherokee Nation of Oklahoma’’; 

14 (6) by inserting ‘‘lands held in trust for the 

15 Fallon Paiute Shoshone Tribes,’’ before ‘‘lands held in 

16 trust for the Pueblo of Santa Clara’’; and 

17 (7) by inserting ‘‘land held in trust for the Yurok 

18 Tribe, land held in trust for the Hopland Band of 

19 Pomo Indians of the Hopland Rancheria,’’ after 

20 ‘‘Pueblo of Santa Clara,’’. 

21 (b) EFFECTIVE DATE.—The amendments made by sub22 section (a) shall apply to any lease entered into or renewed 

23 after the date of enactment of this Act. 
47

•S 1955 RS 

1 SEC. 302. CERTIFICATION OF RENTAL PROCEEDS. 

2 Notwithstanding any other provision of law, any ac3 tual rental proceeds from the lease of land acquired under 

4 section 1 of Public Law 91–229 (25 U.S.C. 488) certified 

5 by the Secretary of the Interior shall be deemed—

6 (1) to constitute the rental value of that land; 

7 and 

8 (2) to satisfy the requirement for appraisal of 

9 that land. 

10 SEC. 303. MONTANA INDIAN TRIBES; AGREEMENT WITH DRY 

11 PRAIRIE RURAL WATER ASSOCIATION, INCOR12 PORATED. 

13 (a) IN GENERAL.—The Assiniboine and Sioux Tribes 

14 of the Fort Peck Indian Reservation (referred to in this sec15 tion as the ‘‘Tribes’’) may, with the approval of the Sec16 retary of the Interior, enter into a lease or other temporary 

17 conveyance of water rights recognized under the Fort Peck18 Montana Compact (Montana Code Annotated 85–20–201) 

19 for the purpose of meeting the water needs of the Dry Prai20 rie Rural Water Association, Incorporated (or any successor 

21 entity), in accordance with section 5 of the Fort Peck Res22 ervation Rural Water System Act of 2000 (114 Stat. 1454). 

23 (b) CONDITIONS OF LEASE.—With respect to a lease 

24 or other temporary conveyance described in subsection 

25 (a)—
48

•S 1955 RS 

1 (1) the term of the lease or conveyance shall not 

2 exceed 100 years; and 

3 (2)(A) the lease or conveyance may be approved 

4 by the Secretary of the Interior without monetary 

5 compensation to the Tribes; and 

6 (B) the Secretary of the Interior shall not be sub7 ject to liability for any claim or cause of action relat8 ing to the compensation or consideration received by 

9 the Tribes under the lease or conveyance. 

10 (c) NO PERMANENT ALIENATION OF WATER.—Nothing 

11 in this section authorizes any permanent alienation of any 

12 water by the Tribes. 

13 SEC. 304. AUTHORIZATION OF LEASES OF RESTRICTED 

14 LAND FOR TERMS OF 99 YEARS. 

15 The first section of the Act of August 9, 1955 (25 

16 U.S.C. 415), is amended by adding at the end the following: 

17 ‘‘(h) AUTHORIZATION OF LEASES OF TRIBALLY

18 OWNED RESTRICTED LAND FOR TERMS OF 99 YEARS.—

19 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

20 (a), any restricted Indian land that is owned by an 

21 Indian tribe may be leased by the tribal owner, with 

22 the approval of the Secretary of the Interior, for a 

23 term of not longer than 99 years, for—

24 ‘‘(A) public, religious, educational, rec25 reational, residential, or business purposes; and 
49

•S 1955 RS 

1 ‘‘(B) any other purpose stated in subsection 

2 (a), unless the Secretary determines that the 

3 principal purpose of the lease is for—

4 ‘‘(i) exploration, development, or ex5 traction of a mineral resource; or 

6 ‘‘(ii) storage of materials listed as haz7 ardous waste (as defined under the Com8 prehensive Environmental Response, Com9 pensation, and Liability Act (42 U.S.C. 

10 9601)). 

11 ‘‘(2) APPROVAL BY THE SECRETARY.—

12 ‘‘(A) TIMING.—The Secretary shall approve 

13 or disapprove a lease described in subsection (a) 

14 or an amendment to such a lease not later than 

15 the date that is 180 days after the date on which 

16 an application for approval of the lease or lease 

17 amendment is submitted to the Secretary. 

18 ‘‘(B) FAILURE TO ACT.—If the Secretary 

19 fails to take action on an application for ap20 proval of a lease or lease amendment by the date 

21 specified in subparagraph (A), the Secretary 

22 shall be deemed to have approved the lease.’’. 
50

•S 1955 RS 

1 TITLE IV—NAVAJO HEALTH 

2 CONTRACTING 

3 SEC. 401. NAVAJO HEALTH CONTRACTING. 

4 The Navajo Health Foundation/Sage Memorial Hos5 pital in Ganado, Arizona, shall be considered to be a tribal 

6 contractor under the Indian Self-Determination and Edu7 cation Assistance Act for the purposes of section 102(d) and 

8 subsections (k) and (o) of section 105 of that Act (25 U.S.C. 

9 450f(d), 450j) provided that the Hospital remains the au10 thorized tribal organization (as defined in section 4 of that 

11 Act (25 U.S.C. 450b)) of the Navajo Nation.

Calendar No. 529

108TH CONGRESS 

2D SESSION S. 1955

[Report No. 108–273] 

A BILL

To make technical corrections to laws relating to 

Native Americans, and for other purposes. 

MAY 20, 2004

Reported with an amendment