IIA
103D CONGRESS
2D SESSION
H. R. 4709
IN THE SENATE OF THE UNITED STATES
AUGUST 17 (legislative day, AUGUST 11), 1994
Received; read twice and referred to the Committee on Indian Affairs
AN ACT
To make certain technical corrections, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. LEASING AUTHORITY OF THE INDIAN PUEBLO
FEDERAL DEVELOPMENT CORPORATION.
Notwithstanding the provisions of section 17 of the
Act of June 18, 1934 (25 U.S.C. 477), the Indian Pueblo
Federal Development Corporation, whose charter was is-
sued pursuant to such section by the Secretary of the Inte-
rior on January 15, 1993, shall have the authority to lease
or sublease trust or restricted Indian lands for up to 50
years.
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SEC. 2. GRAND RONDE RESERVATION ACT.
(a) LANDS DESCRIBED.—Section 1 of the Act enti-
tled ‘‘An Act to establish a reservation for the Confed-
erated Tribes of the Grand Ronde Community of Oregon,
and for other purposes’’, approved September 9, 1988
(102 Stat. 1594), is amended—
(1) in subsection (c)—
(A) by striking ‘‘9,879.65’’ and inserting
‘‘10,120.68’’; and
(B) by striking all after
‘‘6
SW1⁄4SW1⁄4,W1⁄2SE1⁄4SW1⁄4
53.78’’
and inserting in lieu thereof the following:
‘‘6
S1⁄2E1⁄2SE1⁄4SW1⁄4
10.03
Tax lot 800
5.55
Lots 
3, 
4, 
SW1⁄4NE1⁄4,
SE1⁄4NW1⁄4,E1⁄2SW1⁄4
240
Total ............................................
10,120.68.’’;
and
(2) by adding at the end the following:
‘‘(d) CLAIMS EXTINGUISHED; LIABILITY.—
‘‘(1) CLAIMS
EXTINGUISHED.—All claims to
lands within the State of Oregon based upon recog-
nized title to the Grand Ronde Indian Reservation
established by the Executive order of June 30, 1857,
pursuant to treaties with the Kalapuya, Molalla, and
other tribes, or any part thereof by the Confederated
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Tribes of the Grand Ronde Community of Oregon,
or any predecessor or successor in interest, are here-
by extinguished, and any transfers pursuant to the
Act of April 28, 1904 (Chap. 1820; 33 Stat. 567)
or other statute of the United States, by, from, or
on behalf of the Confederated Tribes of the Grand
Ronde Community of Oregon, or any predecessor or
successor interest, shall be deemed to have been
made in accordance with the Constitution and all
laws of the United States that are specifically appli-
cable to transfers of lands or natural resources from,
by, or on behalf of any Indian, Indian nation, or
tribe of Indians (including, but not limited to, the
Trade and Intercourse Act of 1790 (Act of July 22,
1790; 25 U.S.C. 177, ch. 33, sec. 4; 1 Stat. 137)).
‘‘(2) LIABILITY.—The Tribe shall assume re-
sponsibility for lost revenues, if any, to any county
because of the transfer of revested Oregon and Cali-
fornia Railroad grant lands in section 30, Township
4 South, Range 7 West.’’.
(b) CIVIL AND CRIMINAL JURISDICTION.—Section 3
of such Act (102 Stat. 1595) is amended by adding at
the end the following: ‘‘Such exercise shall not affect the
Tribe’s concurrent jurisdiction over such matters.’’.
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SEC. 3. CONFEDERATED TRIBES OF THE SILETZ INDIANS
OF OREGON.
Section 2 of the Act of September 4, 1980 (Public
Law 96–340; 94 Stat. 1072) is amended—
(1) by inserting ‘‘(a)’’ after ‘‘SEC. 2.’’; and
(2) by adding at the end the following:
‘‘(b)(1) The Secretary of the Interior, acting at the
request of the Confederated Tribes of the Siletz Indians
of Oregon, shall accept (subject to all valid rights-of-way
and easements existing on the date of such request) any
appropriate warranty deed conveying to the United States
in trust for the Confederated Tribes of Siletz Indians of
Oregon, contingent upon payment of all accrued and un-
paid taxes, the following parcels of land located in Lincoln
County, State of Oregon:
‘‘(A) In Township 10 South, Range 8 West,
Willamette Meridian—
‘‘(i) a tract of land in the northwest and
the northeast quarters of section 7 consisting of
208.50 acres, more or less, conveyed to the
Tribe by warranty deed from John J. Jantzi
and Erma M. Jantzi on March 30, 1990; and
‘‘(ii) 3 tracts of land in section 7 consist-
ing of 18.07 acres, more or less, conveyed to
the Tribe by warranty deed from John J.
Jantzi and Erma M. Jantzi on March 30, 1990.
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States in trust for the Tribe on March 15, 1986;
and
‘‘(B) a tract of land in section 9, Township 10
South, Range 10 West, Willamette Meridian, includ-
ing United States Government Lot 33, consisting of
2.27 acres, more or less, conveyed by warranty deed
to the United States in trust for the Confederated
Tribes of Siletz Indians of Oregon from Harold D.
Alldridge and Sylvia C. Alldridge on June 30, 1981;
shall be subject to the limitations and provisions of sec-
tions 3, 4, and 5 of this Act and shall be deemed to be
a restoration of land pursuant to section 7 of the Siletz
Indian Tribe Restoration Act (91 Stat. 1415; 25 U.S.C.
711(e)).
‘‘(3) Notwithstanding any other provision of law, the
United States should not incur any liability for conditions
on any parcels of land taken into trust under this section.
‘‘(4) As soon as practicable after the transfer of the
parcels provided in paragraphs (1) and (2), the Secretary
of the Interior shall convey such parcels and publish a de-
scription of such lands in the Federal Register.’’.
SEC. 4. TRANSFER OF PARCEL BY YSLETA DEL SUR
PUEBLO.
(a) RATIFICATION.—The transfer of the land de-
scribed in subsection (b), together with fixtures thereon,
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on July 12, 1991, by the Ysleta Del Sur Pueblo is hereby
ratified and shall be deemed to have been made in accord-
ance with the Constitution and all laws of the United
States that are specifically applicable to transfers of land
from, by, or on behalf of any Indian, Indian nation, or
tribe or band of Indians (including section 2116 of the
Revised Statutes (25 U.S.C. 177)) as if Congress had
given its consent prior to the transfer.
(b) LANDS DESCRIBED.—The lands referred to in
subsection (a) are more particularly described as follows:
Tract 1–B–1 (1.9251 acres) and Tract 1–B–2–A
(0.0748 acres), Block 2 San Elizario, El Paso Coun-
ty, Texas.
SEC. 5. AUTHORIZATION FOR 99–YEAR LEASES.
The second sentence of subsection (a) of the first sec-
tion of the Act of August 9, 1955 (25 U.S.C. 415(a)),
is amended by inserting ‘‘the Viejas Indian Reservation,’’
after ‘‘Soboba Indian Reservation,’’.
SEC. 6. WIND RIVER INDIAN IRRIGATION PROJECT.
Funds appropriated for construction of the Wind
River Indian Irrigation Project in fiscal year 1990 (Public
Law 101–121), fiscal year 1991 (Public Law 101–512),
and fiscal year 1992 (Public Law 102–154) shall be made
available on a nonreimbursable basis.
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SEC. 7. REIMBURSEMENT OF COSTS INCURRED BY GILA
RIVER INDIAN COMMUNITY FOR CERTAIN
RECLAMATION CONSTRUCTION.
The Secretary of the Interior is authorized to pay
$1,842,205 to the Gila River Indian Community as reim-
bursement for the costs incurred by the Gila River Indian
Community for construction allocated to irrigation on the
Sacaton Ranch that would have been nonreimbursable if
such construction had been performed by the Bureau of
Reclamation under section 402 of the Colorado River
Basin Project Act (43 U.S.C. 1542).
SEC. 8. RECONVEYANCE OF CERTAIN EXCESS LANDS.
(a) IN GENERAL.—The Congress finds that the Sac
and Fox Nation of Oklahoma has determined the lands
described in subsection (b) to be excess to their needs and
should be returned to the original Indian grantors or their
heirs. The Secretary of the Interior is authorized to accept
transfer of title from the Sac and Fox Nation of Oklahoma
of its interest in the lands described in subsection (b).
(b) PERSONS AND LANDS.—The lands and individ-
uals referred to in subsection (a) are as follows:
(1) To the United States of America in trust
for Sadie Davis, now Tyner, or her heirs or devisees,
the Surface and Surface Rights only in and to the
SE1⁄4SE1⁄4SE1⁄4SE1⁄4 of Section 28, Township 17
North, Range 6 East of the Indian Meridian, Lin-
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coln County, Oklahoma, containing 2.50 acres, more
or less.
(2) To the United States of America in trust
for Mabel Wakole, or her heirs or devisees, the Sur-
face and Surface Rights only in and to the
NE1⁄4NE1⁄4 of Lot 6 of NW1⁄4 of Section 14, Town-
ship 11 North, Range 4 East of the Indian Merid-
ian, Pottawatomie County, Oklahoma, containing
2.50 acres, more or less.
SEC. 9. TITLE I OF THE ACT OF JANUARY 12, 1983, PERTAIN-
ING TO THE DEVILS LAKE SIOUX TRIBE.
Paragraph (1) of section 108(a) of title I of the Act
of January 12, 1983 (96 Stat. 2515) is amended by strik-
ing out ‘‘of the date of death of the decedent’’ and insert-
ing in lieu thereof ‘‘after the date on which the Secretary’s
determination of the heirs of the decedent becomes final’’.
SEC. 10. NORTHERN CHEYENNE LAND TRANSFER.
(a) IN GENERAL.—Notwithstanding any contrary
provision of law, the Secretary of the Interior or his au-
thorized representative (‘‘Secretary’’) is hereby authorized
and directed to transfer by deed to Lame Deer High
School District No. 6, Rosebud County, Montana (‘‘School
District’’), all right, title, and interest of the United States
and the Northern Cheyenne Tribe (‘‘Tribe’’) in and to the
lands described below (‘‘Subject Lands’’), to be held and
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used by the School District for the exclusive purpose of
constructing and operating thereon a public high school
and related facilities. The Subject Lands consist of a tract
of approximately 40 acres within the Northern Cheyenne
Indian Reservation, more particularly described as follows:
A tract of land located in the W1⁄2 SE1⁄4 and the
E1⁄2 SW1⁄4 of Section 10, Township 3 South, Range
41 East, M.P.M., described as follows: Beginning at
the south 1⁄4 corner of said Section 10, thence south
89 degrees 56 minutes west 393.31 feet on and
along the south line of said Section 10 to the true
point of beginning, thence south 89 degrees 56 min-
utes west 500.0 feet on and along said Section line,
thence north 00 degrees 00 minutes east, 575.0 feet,
thence north 54 degrees 9 minutes 22 seconds east
2382.26 feet, thence south 23 degrees 44 minutes
21 seconds east 622.56 feet, thence south 51 de-
grees 14 minutes 40 seconds west 2177.19 feet to
the true point of beginning, containing in all 40.0
acres, more or less.
(b) DEED AND LEASE.—(1) The deed issued under
this section shall provide that—
(A) title to all coal and other minerals, includ-
ing oil, gas, and other natural deposits, within the
Subject Lands shall remain in the Secretary in trust
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for the Tribe, as provided in the Act of July 24,
1968 (82 Stat. 424);
(B) the Subject Lands may be used for the pur-
pose of constructing and operating a public high
school and related facilities thereon, and for no other
purpose;
(C) title to the Subject Lands, free and clear of
all liens and encumbrances, shall automatically re-
vert to the Secretary in trust for the Tribe, and the
deed shall be of no further force or effect, if, within
eight years of the date of the deed, classes have not
commenced in a permanent public high school facil-
ity established on the Subject Lands, or if such
classes commence at the facility within such eight-
year period, but the facility subsequently perma-
nently ceases operating as a public high school; and
(D) at any time after the conclusion of the cur-
rent litigation (including all trial and, if any, appel-
late proceedings) challenging the November 9, 1993,
decision of the Superintendent of Public Instruction
for the State of Montana granting the petition to
create the School District, and with the prior ap-
proval of the Superintendent of Public Instruction
(‘‘Superintendent’s Approval’’), the Tribe shall have
the right to replace the deed with a lease covering
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the Subject Lands issued under the Act of August
9, 1955, as amended (25 U.S.C. 415(a)) having a
term of 25 years, with a right to renew for an addi-
tional 25 years.
(2) Under the lease referred to in paragraph (1)(D),
the Subject Lands shall be leased rent free to the School
District for the exclusive purpose of constructing and op-
erating a public high school and related facilities thereon.
The lease shall terminate if, within eight years of the date
of the deed, classes have not commenced in a permanent
public high school facility established on the Subject
Lands, or if such classes commence at the facility within
such eight-year period, but the facility subsequently per-
manently ceases operating as a public high school. In the
event the Tribe seeks and obtains the Superintendent’s
Approval, it may tender a lease, signed by the Tribe and
approved by the Secretary, which complies with the provi-
sions of this subsection. Upon such tender, the deed shall
be of no further force or effect, and, subject to the lease-
hold interest offered to the School District, title to the
Subject Lands, free and clear of all liens and encum-
brances, shall automatically revert to the Secretary in
trust for the Tribe. The Tribe may at any time irrevocably
relinquish the right provided to it under this subsection
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by resolution of the Northern Cheyenne Tribal Council ex-
plicitly so providing.
(c) EFFECT OF ACCEPTANCE OF DEED.—Upon the
School District’s acceptance of a deed delivered under this
section, the School District, and any party who may subse-
quently acquire any right, title, or interest of any kind
whatsoever in or to the Subject Lands by or through the
School District, shall be subject to, be bound by, and com-
ply with all terms and conditions set forth in subpara-
graphs (A) through (D) of subsection (b)(1).
SEC. 11. INDIAN AGRICULTURE AMENDMENT.
(a) LEASING OF INDIAN AGRICULTURAL LANDS.—
Section 105 of the American Indian Agriculture Resource
Management Act (25 U.S.C. 3701 et seq.) is amended—
(1) in subsection (b)—
(A) by striking ‘‘and’’ at the end of para-
graph (3);
(B) by striking the period at the end of
paragraph (4) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(5) shall approve leases and permits of tribally
owned agricultural lands at rates determined by the
tribal governing body.’’; and
(2) in subsection (c), by amending paragraph
(1) to read as follows: ‘‘(1) Nothing in this section
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shall be construed as limiting or altering the author-
ity or right of an individual allottee or Indian tribe
in the legal or beneficial use of his, her, or its own
land or to enter into an agricultural lease of the sur-
face interest of his, her, or its allotment or land
under any other provision of law.’’.
(b) TRIBAL IMMUNITY.—The American Indian Agri-
culture Resource Management Act (25 U.S.C. 3701 et
seq.) is amended by adding at the end the following:
‘‘SEC. 306. TRIBAL IMMUNITY.
‘‘Nothing in this Act shall be construed to affect,
modify, diminish, or otherwise impair the sovereign immu-
nity from suit enjoyed by Indian tribes.’’.
SEC. 12. INDIAN HEALTH AMENDMENT.
Section 4(n) of the Indian Health Care Improvement
Act (25 U.S.C. 1603(n)) is amended to read as follows:
‘‘(n) ‘Health profession’ means allopathic medicine,
family medicine, internal medicine, pediatrics, geriatric
medicine, obstetrics and gynecology, podiatric medicine,
nursing, public health nursing, dentistry, psychiatry, oste-
opathy, optometry, pharmacy, psychology, public health,
social work, marriage and family therapy, chiropractic
medicine, environmental health and engineering, allied
health professions, and other health professions.’’.
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SEC. 13. SAN CARLOS APACHE WATER RIGHTS SETTLE-
MENT ACT OF 1992.
Section 3711(b)(1) of title XXXVII of the San Carlos
Apache Tribe Water Rights Settlement Act of 1992 (106
Stat. 4752) is amended by striking out ‘‘December 31,
1994’’ and inserting in lieu thereof ‘‘December 31, 1995’’.
SEC. 14. RELATIONSHIP BETWEEN BUY INDIAN ACT AND
MENTOR-PROTEGE PROGRAM.
Section 23 of the Act of June 25, 1910 (36 Stat.
861; 25 U.S.C. 47; commonly referred to as the ‘‘Buy In-
dian Act’’), is amended by adding at the end the following:
‘‘Participation in the Mentor-Protege Program established
under section 831 of Public Law 101–510 or receipt of
assistance pursuant to any developmental assistance
agreement authorized under such program does not render
Indian labor or Indian industry ineligible to receive any
assistance authorized under this proviso. For the purposes
of this proviso, (i) no determination of affiliation or con-
trol (either direct or indirect) may be found between a pro-
tege firm and its mentor firm on the basis that the mentor
firm has agreed to furnish (or has furnished) to its protege
firm pursuant to a mentor-protege agreement any form
of developmental assistance described in subsection (f) of
such section, and (ii) the terms ‘protege firm’ and ‘mentor
firm’ have the meaning given such terms in subsection (c)
of such section 831.’’.
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SEC. 15. ACQUISITION OF LANDS ON WIND RIVER RESERVA-
TION.
(a) AUTHORITY TO HOLD LANDS IN TRUST FOR THE
INDIVIDUAL TRIBE.—The Secretary of the Interior is
hereby authorized to acquire individually in the name of
the United States in trust for the benefit of the Eastern
Shoshone Tribe of the Wind River Reservation or the
Northern Arapaho Tribe of the Wind River Reservation,
as appropriate, lands or other rights when the individual
assets of only one of the tribes is used to acquire such
lands or other rights.
(b) LANDS REMAIN PART OF JOINT RESERVATION
SUBJECT TO EXCLUSIVE TRIBAL CONTROL.—Any lands
acquired under subsection (a) within the exterior bound-
aries of the Wind River Reservation shall remain a part
of the Reservation and subject to the joint tribal laws of
the Reservation, except that the lands so acquired shall
be subject to the exclusive use and control of the tribe
for which such lands were acquired.
(c) INCOME.—The income from lands acquired under
subsection (a) shall be credited to the Tribe for which such
lands were acquired.
(d) SAVINGS PROVISION.—Nothing in this section
shall be construed to prevent the joint acquisition of lands
for the benefit of the Eastern Shoshone Tribe of the Wind
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River Reservation and the Northern Arapaho Tribe of the
Wind River Reservation.
Passed the House of Representatives August 16,
1994.
Attest:
DONNALD K. ANDERSON,
Clerk.