II
Calendar No. 711
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
OCTOBER 4 (legislative day, SEPTEMBER 12), 1994
Reported by Mr. INOUYE, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
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.
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
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.’’.
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.
‘‘(B) In Township 10 South, Range 10 West,
Willamette Meridian—
‘‘(i) a tract of land in section 4, including
a portion of United States Government Lot 31
lying west and south of the Siletz River, con-
sisting of 15.29 acres, more or less, conveyed to
the Tribe by warranty deed from Patrick J.
Collson and Patricia Ann Collson on February
27, 1991;
‘‘(ii) a tract of land in section 9, located in
Tract 60, consisting of 4.00 acres, more or less,
conveyed to the Tribe by contract of sale from
Gladys M. Faulkner on December 9, 1987;
‘‘(iii) a tract of land in section 9, including
portions of the north one-half of United States
Government Lot 15, consisting of 7.34 acres,
more or less, conveyed to the Tribe by contract
of sale from Clayton E. Hursh and Anna L.
Hursh on December 9, 1987;
‘‘(iv) a tract of land in section 9, including
a portion of the north one-half of Government
Lot 16, consisting of 5.62 acres, more or less,
conveyed to the Tribe by warranty deed from
Steve Jebert and Elizabeth Jebert on December
1, 1987;
‘‘(v) a tract of land in the southwest quar-
ter of the northwest quarter of section 9, con-
sisting of 3.45 acres, more or less, conveyed to
the Tribe by warranty deed from Eugenie
Nashif on July 11, 1988; and
‘‘(vi) a tract of land in section 10, includ-
ing United States Government Lot 8 and por-
tions of United States Government Lot 7, con-
sisting of 29.93 acres, more or less, conveyed to
the Tribe by warranty deed from Doyle Grooms
on August 6, 1992.
‘‘(C) In the northwest quarter of section 2 and
the northeast quarter of section 3, Township 7
South, Range 11 West, Willamette Meridian, a tract
of land comprising Lots 58, 59, 63, and 64, Lincoln
Shore Star Resort, Lincoln City, Oregon.
‘‘(2) The parcels of land described in paragraph (1),
together with the following tracts of lands which have been
conveyed to the United States in trust for the Confed-
erated Tribes of Siletz Indians of Oregon—
‘‘(A) a tract of land in section 3, Township 10
South, Range 10 West, Willamette Meridian, includ-
ing portions of United States Government Lots 25,
26, 27, and 28, consisting of 49.35 acres, more or
less, conveyed by the Siletz Tribe to the United
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,
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.
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-
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
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
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
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
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
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.’’.
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.’’.
SECTION 1. LEASING AUTHORITY OF THE INDIAN PUEBLO
FEDERAL DEVELOPMENT CORPORATION.
Notwithstanding the provisions of section 17 of the Act
of June 18, 1934 (48 Stat. 988, chapter 576; 25 U.S.C.
477), the Indian Pueblo Federal Development Corporation,
whose charter was issued pursuant to such section by the
Secretary of the Interior on January 15, 1993, shall have
the authority to lease or sublease trust or restricted Indian
lands for up to 50 years.
SEC. 2. GRAND RONDE RESERVATION ACT.
(a) LANDS DESCRIBED.—Section 1 of the Act entitled
‘‘An Act to establish a reservation for the Confederated
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 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 new sub-
section:
‘‘(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 es-
tablished 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
Tribes of the Grand Ronde Community of Oregon, or
any predecessor or successor in interest, are hereby ex-
tinguished, 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 Commu-
nity of Oregon, or any predecessor or successor inter-
est, shall be deemed to have been made in accordance
with the Constitution and all laws of the United
States that are specifically applicable to transfers of
lands or natural resources from, by, or on behalf of
any Indian, Indian nation, or tribe of Indians (in-
cluding, but not limited to, the Act of July 22, 1790,
commonly known as the ‘Trade and Intercourse Act
of 1790’ (1 Stat. 137, chapter 33, section 4)).
‘‘(2) LIABILITY.—The Tribe shall assume respon-
sibility for lost revenues, if any, to any county be-
cause of the transfer of revested Oregon and Califor-
nia 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 con-
current jurisdiction over such matters.’’.
SEC. 3. CONFEDERATED TRIBES OF THE SILETZ INDIANS
OF OREGON.
Section 2 of the Act entitled ‘‘An Act to establish a
reservation for the Confederated Tribes of Siletz Indians of
Oregon, approved 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 re-
quest of the Confederated Tribes of the Siletz Indians of Or-
egon, shall accept (subject to all valid rights-of-way and
easements existing on the date of such request) any appro-
priate warranty deed conveying to the United States in
trust for the Confederated Tribes of the 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, Wil-
lamette 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 consisting
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.
‘‘(B) In Township 10 South, Range 10 West,
Willamette Meridian—
‘‘(i) a tract of land in section 4, including
a portion of United States Government Lot 31
lying west and south of the Siletz River, consist-
ing of 15.29 acres, more or less, conveyed to the
Tribe by warranty deed from Patrick J. Collson
and Patricia Ann Collson on February 27, 1991;
‘‘(ii) a tract of land in section 9, located in
Tract 60, consisting of 4.00 acres, more or less,
conveyed to the Tribe by contract of sale from
Gladys M. Faulkner on December 9, 1987;
‘‘(iii) a tract of land in section 9, including
portions of the north one-half of United States
Government Lot 15, consisting of 7.34 acres,
more or less, conveyed to the Tribe by contract
of sale from Clayton E. Hursh and Anna L.
Hursh on December 9, 1987;
‘‘(iv) a tract of land in section 9, including
a portion of the north one-half of United States
Government Lot 16, consisting of 5.62 acres,
more or less, conveyed to the Tribe by warranty
deed from Steve Jebert and Elizabeth Jebert on
December 1, 1987;
‘‘(v) a tract of land in the southwest quarter
of the northwest quarter of section 9, consisting
of 3.45 acres, more or less, conveyed to the Tribe
by warranty deed from Eugenie Nashif on July
11, 1988; and
‘‘(vi) a tract of land in section 10, includ-
ing United States Government Lot 8 and por-
tions of United States Government Lot 7, con-
sisting of 29.93 acres, more or less, conveyed to
the Tribe by warranty deed from Doyle Grooms
on August 6, 1992.
‘‘(C) In the northwest quarter of section 2 and
the northeast quarter of section 3, Township 7 South,
Range 11 West, Willamette Meridian, a tract of land
comprising United States Government Lots 58, 59,
63, and 64, Lincoln Shore Star Resort, Lincoln City,
Oregon.
‘‘(2) The parcels of land described in paragraph (1),
together with the following tracts of lands which have been
conveyed to the United States in trust for the Confederated
Tribes of Siletz Indians of Oregon—
‘‘(A) a tract of land in section 3, Township 10
South, Range 10 West, Willamette Meridian, includ-
ing portions of United States Government Lots 25,
26, 27, and 28, consisting of 49.35 acres, more or less,
conveyed by the Siletz Tribe to the United 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 sections
3, 4, and 5 of this Act and shall be deemed to be a restora-
tion of land pursuant to section 7 of the Siletz Indian Tribe
Restoration Act (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 described
in subsection (b), together with fixtures thereon, on July
12, 1991, by the Ysleta Del Sur Pueblo is hereby ratified
and shall be deemed to have been made in accordance 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 sub-
section (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 section
of the Act of August 9, 1955 (69 Stat. 539, chapter 615;
25 U.S.C. 415(a)) is amended by inserting ‘‘the Viejas In-
dian Reservation,’’ after ‘‘Soboba Indian Reservation,’’.
SEC. 6. WIND RIVER INDIAN IRRIGATION PROJECT.
Funds appropriated for construction of the Wind
River Indian Irrigation Project for fiscal year 1990 (pursu-
ant to Public Law 101–121), fiscal year 1991 (pursuant
to the Department of the Interior and Related Agencies Ap-
propriations Act, 1991 (Public Law 101–512)), and fiscal
year 1992 (pursuant to the Department of the Interior and
Related Agencies Appropriations Act, 1992 (Public Law
102–154)) shall be made available on a nonreimbursable
basis.
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 Rec-
lamation under section 402 of the Colorado River Basin
Project Act (43 U.S.C. 1542).
SEC. 8. RECOGNITION OF INDIAN COMMUNITY.
Section 10 of the Indian Law Technical Amendments
of 1987 (Public Law 100–153) is amended—
(1) by striking ‘‘The Frank’s’’ and inserting ‘‘(a)
Subject to subsection (b), the Frank’s’’;
(2) by striking ‘‘recognized as eligible’’ and in-
serting the following:
‘‘recognized—
‘‘(1) as eligible’’;
(3) by striking the period at the end and insert-
ing ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(2) as a self-governing dependent Indian com-
munity that is not subject to the jurisdiction of any
federally recognized tribe.
‘‘(b)(1) Nothing in this section may be construed to
alter or affect the jurisdiction of the State of Washington
under section 1162 of title 18, United States Code.
‘‘(2) Notwithstanding any other provision of law, the
Frank’s Landing Indian Community shall not engage in
any class III gaming activity (as defined in section 3(8)
of the Indian Gaming Regulatory Act of 1988 (25 U.S.C.
2703(8)).’’.
SEC. 9. RECONVEYANCE OF CERTAIN EXCESS LANDS.
(a) IN GENERAL.—The Congress finds that the Sac
and Fox Nation of Oklahoma has determined the lands de-
scribed 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 individuals
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, Lincoln
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 Surface
and Surface Rights only in and to the NE1⁄4NE1⁄4 of
Lot 6 of NW1⁄4 of section 14, Township 11 North,
Range 4 East of the Indian Meridian, Pottawatomie
County, Oklahoma, containing 2.50 acres, more or
less.
SEC. 10. TITLE I OF PUBLIC LAW 97–459, PERTAINING TO
THE DEVILS LAKE SIOUX TRIBE.
Paragraph (1) of section 108(a) of title I of Public
Law 97–459 (96 Stat. 2515) is amended by striking out
‘‘of the date of death of the decedent’’ and inserting in lieu
thereof ‘‘after the date on which the Secretary’s determina-
tion of the heirs of the decedent becomes final’’.
SEC. 11. NORTHERN CHEYENNE LAND TRANSFER.
(a) IN GENERAL.—Notwithstanding any contrary pro-
vision of law, the Secretary of the Interior or an authorized
representative of the Secretary (referred to in this section
as the ‘‘Secretary’’) is hereby authorized and directed to
transfer by deed to Lame Deer High School District No.
6, Rosebud County, Montana (referred to in this section as
the ‘‘School District’’), all right, title, and interest of the
United States and the Northern Cheyenne Tribe (referred
to in this section as the ‘‘Tribe’’) in and to the lands de-
scribed in this subsection (referred to in this section as
‘‘Subject Lands’’), to be held and used by the School District
for the exclusive purpose of constructing and operating
thereon a public high school and related facilities. The Sub-
ject Lands consist of a tract of approximately 40 acres with-
in the Northern Cheyenne Indian Reservation, more par-
ticularly 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 de-
grees 56 minutes west 393.31 feet on and along the
south line of said section 10 to the true point of be-
ginning, thence south 89 degrees 56 minutes 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 degrees 14 minutes 40 seconds
west 2177.19 feet to the true point of beginning, con-
taining in all 40.0 acres, more or less.
(b) DEED AND LEASE.—
(1) IN GENERAL.—The deed issued under this
section shall provide that—
(A) title to all coal and other minerals, in-
cluding oil, gas, and other natural deposits,
within the Subject Lands shall remain in the
Secretary in trust for the Tribe, as provided in
Public Law 90–424 (82 Stat. 424);
(B) the Subject Lands may be used for the
purpose 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 automati-
cally revert to the Secretary in trust for the
Tribe, and the deed shall be of no further force
or effect, if, within 8 years after the date of the
deed, classes have not commenced in a perma-
nent public high school facility established on the
Subject Lands, or if such classes commence at the
facility within such 8-year period, but the facil-
ity subsequently permanently ceases operating as
a public high school; and
(D) at any time after the conclusion of the
current litigation (commenced before the date of
enactment of this Act and including all trial
and, if any, appellate proceedings) challenging
the November 9, 1993, decision of the Super-
intendent of Public Instruction for the State of
Montana granting the petition to create the
School District, and with the prior approval of
the Superintendent of Public Instruction (re-
ferred to in this section as the ‘‘Superintendent’s
Approval’’), the Tribe shall have the right to re-
place the deed with a lease covering the Subject
Lands issued under section 1(a) of the Act of Au-
gust 9, 1955 (69 Stat. 539, chapter 615; 25
U.S.C. 415(a)) having a term of 25 years, with
a right to renew for an additional 25 years.
(2) CONDITIONS OF LEASE.—Under the lease re-
ferred to in paragraph (1)(D), the Subject Lands
shall be leased rent free to the School District for the
exclusive purpose of constructing and operating a
public high school and related facilities thereon. The
lease shall terminate if, within 8 years after the date
of the deed, classes have not commenced in a perma-
nent public high school facility established on the
Subject Lands, or if such classes commence at the fa-
cility within such 8-year period, but the facility sub-
sequently permanently ceases operating as a public
high school. In the event the Tribe seeks and obtains
the Superintendent’s Approval, the Tribe may tender
a lease, signed by the Tribe and approved by the Sec-
retary, which complies with the provisions of this sub-
section. Upon such tender, the deed shall be of no fur-
ther force or effect, and, subject to the leasehold inter-
est offered to the School District, title to the Subject
Lands, free and clear of all liens and encumbrances,
shall automatically revert to the Secretary in trust for
the Tribe. The Tribe may at any time irrevocably re-
linquish the right provided to it under this subsection
by resolution of the Northern Cheyenne Tribal Coun-
cil explicitly 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 comply
with all terms and conditions set forth in subparagraphs
(A) through (D) of subsection (b)(1).
SEC. 12. INDIAN AGRICULTURE AMENDMENT.
(a) LEASING OF INDIAN AGRICULTURAL LANDS.—Sec-
tion 105 of the American Indian Agriculture Resource Man-
agement Act (25 U.S.C. 3715) 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 new
paragraph:
‘‘(5) shall approve leases and permits of tribally
owned agricultural lands at rates determined by the
tribal governing body.’’; and
(2) in subsection (c), amending paragraph (1) to
read as follows:
‘‘(1) Nothing in this section shall be construed as limit-
ing or altering the authority or right of an individual allot-
tee 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 surface 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 new section:
‘‘SEC. 306. TRIBAL IMMUNITY.
‘‘Nothing in this Act shall be construed to affect, mod-
ify, diminish, or otherwise impair the sovereign immunity
from suit enjoyed by Indian tribes.’’.
SEC. 13. SAN CARLOS APACHE WATER RIGHTS SETTLEMENT
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 ‘‘December 31, 1994’’
and inserting ‘‘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 Indian
Act’’), is amended by adding at the end the following: ‘‘Par-
ticipation in the Mentor-Protege Program established under
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (10 U.S.C. 2301 note) or receipt of assist-
ance pursuant to any developmental assistance agreement
authorized under such program shall not render Indian
labor or Indian industry ineligible to receive any assistance
authorized under this section. For the purposes of this
section—
‘‘(1) no determination of affiliation or control
(either direct or indirect) may be found between a
protege 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 de-
scribed in subsection (f) of section 831 of the National
Defense Authorization Act for Fiscal Year 1991 (10
U.S.C. 2301 note); and
‘‘(2) the terms ‘protege firm’ and ‘mentor firm’
have the meaning given such terms in subsection (c)
of such section 831.’’.
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 Unit-
ed States in trust for the benefit of the Eastern Shoshone
Tribe of the Wind River Reservation or the Northern Arap-
aho 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 ac-
quired under subsection (a) within the exterior boundaries
of the Wind River Reservation shall remain a part of the
Reservation and subject to the joint tribal laws of the Res-
ervation, 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 River
Reservation and the Northern Arapaho Tribe of the Wind
River Reservation.
SEC. 16. ADVANCED TRAINING AND RESEARCH.
Section 111 of the Indian Health Care Improvement
Act (25 U.S.C. 1616d) is amended—
(1) in subsection (a)—
(A) by striking ‘‘who have worked in an In-
dian health program (as defined in section
108(a)(2)) for a substantial period of time’’; and
(B) by adding at the end the following new
sentence: ‘‘In selecting participants for a pro-
gram established under this subsection, the Sec-
retary, acting through the Service, shall give pri-
ority to applicants who are employed by the In-
dian Health Service, Indian tribes, tribal orga-
nizations, and urban Indian organizations, at
the time of the submission of the applications.’’;
and
(2) in subsection (b), by inserting after ‘‘Indian
health program’’ the following: ‘‘(as defined in section
108(a)(2))’’.
(d) NURSING RESIDENCY PROGRAM.—Section 118(b)
of such Act (25 U.S.C. 1616k(b)) is amended by inserting
before the period the following: ‘‘or a Master’s degree’’.
SEC. 17. REDESIGNATION OF YAKIMA INDIAN NATION TO
YAKAMA INDIAN NATION.
(a) REDESIGNATION.—The Confederated Tribes and
Bands of the Yakima Indian Nation shall be known and
designated as the ‘‘Confederated Tribes and Bands of the
Yakama Indian Nation’’.
(b) REFERENCES.—Any reference in a law (including
any regulation), map, document, paper, or other record of
the United States to Confederated Tribes and Bands of the
Yakima Indian Nation referred to in subsection (a) shall
be deemed to be a reference to the ‘‘Confederated Tribes and
Bands of the Yakama Indian Nation’’.
SEC. 18. EXPENDITURE OF JUDGMENT FUNDS.
Notwithstanding any other provision of law, or any
distribution plan approved pursuant to the Indian Tribal
Judgment Funds Use or Distribution Act (25 U.S.C. 1401
et seq.), the Secretary of the Interior may reprogram, in
accordance with the letter of Charles Dawes, the Chief of
the Ottowa Tribe of Oklahoma, to the Bureau of Indian
Affairs, Muskogee Area Office, dated September 21, 1993,
and the accompanying Resolution that was approved by the
Business Committee of the Ottawa Tribe of Oklahoma Au-
gust 19, 1993, the specific changes in the Secretarial Plan
that became effective on June 14, 1983, for the use of funds
that were awarded in satisfaction of judgments in final
awards by the Indian Claims Commission for claims with
the following docket numbers: 133–A, 133–B, 133–C, 302,
and 338.
SEC. 19. APPLICABILITY OF FEDERAL ADVISORY COMMIT-
TEE ACT.
The activities of the Department of the Interior associ-
ated with the Department’s consultation with Indian orga-
nizations related to the management by the United States
for Indian tribes shall be exempt from the Federal Advisory
Committee Act (5 U.S.C. App.).
SEC. 20. POKAGON POTAWATOMI MEMBERSHIP LIST.
The Act entitled ‘‘An Act to restore Federal services
to the Pokagon Band of Potawatomi Indians’’, approved
September 21, 1994 (Public Law 103–323) is amended—
(1) by redesignating section 9 as section 10; and
(2) by inserting after section 8 the following new
section:
‘‘SEC. 9. MEMBERSHIP LIST.
‘‘(a) LIST OF MEMBERS AS OF SEPTEMBER 1994.—
Not later than 120 days after the date of enactment of this
Act, the Bands shall submit to the Secretary a list of all
individuals who, as of September 21, 1994, were members
of the respective Bands.
‘‘(b) LIST OF INDIVIDUALS ELIGIBLE FOR MEMBER-
SHIP.—
‘‘(1) IN GENERAL.—Not later than 18 months
after the date of enactment of this Act, the Bands
shall submit to the Secretary membership rolls that
contain the names of all individuals eligible for mem-
bership in such Bands. Each such Band, in consulta-
tion with the Secretary, shall determine whether an
individual is eligible for membership in the Band on
the basis of provisions in the governing documents of
the Band that determine the qualifications for inclu-
sion in the membership roll of the Band.
‘‘(2) PUBLICATION OF NOTICE.—At such time as
the rolls have been submitted to the Secretary, the
Secretary shall immediately publish in the Federal
Register a notice of such rolls.
‘‘(3) MAINTENANCE OF ROLLS.—The Bands shall
ensure that the rolls are maintained and kept cur-
rent.’’.
SEC. 21. ODAWA AND OTTAWA MEMBERSHIP LISTS.
The Little Traverse Bay Bands of Odawa and the Lit-
tle River Band of Ottawa Indians Act (Public Law 103–
324) is amended by adding at the end the following new
section:
‘‘SEC. 9. MEMBERSHIP LIST.
‘‘(a) LIST OF PRESENT MEMBERSHIP.—Not later than
120 days after the date of enactment of this Act, the Band
shall submit to the Secretary a list of all individuals who,
as of September 21, 1994, were members of the Band.
‘‘(b) LIST OF INDIVIDUALS ELIGIBLE FOR MEMBER-
SHIP.—
‘‘(1) IN GENERAL.—Not later than 18 months
after the date of enactment of this Act, the Band shall
submit to the Secretary membership rolls that contain
the names of all individuals eligible for membership
in such Band. The Band, in consultation with the
Secretary, shall determine whether an individual is
eligible for membership in the Band on the basis of
provisions in the governing documents of the Band
that determine the qualifications for inclusion in the
membership roll of the Band.
‘‘(2) PUBLICATION OF NOTICE.—At such time as
the rolls have been submitted to the Secretary, the
Secretary shall immediately publish in the Federal
Register a notice of such rolls.
‘‘(3) MAINTENANCE OF ROLLS.—The Band shall
ensure that the rolls are maintained and kept cur-
rent.’’.
SEC. 22. INDIAN SELF-DETERMINATION AND EDUCATION
ASSISTANCE ACT.
(a) IN GENERAL.—The Indian Self-Determination Act
is amended—
(1) in section 107(b)(2) (25 U.S.C. 450k(b)(2)),
by striking ‘‘Committee on Interior and Insular Af-
fairs’’ and inserting ‘‘Committee on Natural Re-
sources’’;
(2) in section 301 (25 U.S.C. 450f note), by
striking ‘‘eight’’ and inserting ‘‘18’’; and
(3) in section 302(a) (25 U.S.C. 450f note), by
striking ‘‘The Secretaries’’ and inserting ‘‘For each
fiscal year, the Secretaries’’.
(b) ADVISORY COMMITTEES.—The Indian Self-Deter-
mination and Education Assistance Act Amendments of
1990 (title II of Public Law 101–644) is amended by add-
ing at the end the following new section:
‘‘SEC. 204. TRIBAL AND FEDERAL ADVISORY COMMITTEES.
‘‘Notwithstanding any other provision of law (includ-
ing any regulation), the Secretary of the Interior and the
Secretary of Health and Human Services are authorized
to jointly establish and fund advisory committees or other
advisory bodies composed of members of Indian tribes or
members of Indian tribes and representatives of the Federal
Government to ensure tribal participation in the implemen-
tation of the Indian Self–Determination and Education As-
sistance Act (Public Law 93–638).’’.
SEC. 23. CROW BOUNDARY SETTLEMENT.
Section 6(c) of the Crow Boundary Settlement Act of
1994 is amended to read as follows:
‘‘(c) INVESTMENT.—At the request of the Secretary, the
Secretary of the Treasury shall invest all sums deposited
into, accruing to, and remaining in, the Crow Tribal Trust
Fund in accordance with the first section of the Act of Feb-
ruary 12, 1929 (45 Stat. 1164, chapter 178, 25 U.S.C.
161a).’’.
Passed the House of Representatives August 16,
1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 4709 RS——2
HR 4709 RS——3
HR 4709 RS——4