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services and benefits furnished to federally recognized Indian
tribes or their members. For the purposes of Federal services
and benefits available to members of federally recognized
Indian tribes residing on a reservation, members of the Tribe
residing in the Tribe’s service area shall be deemed to be
residing on a reservation.
(2) RELATION TO OTHER LAWS.—The eligibility for or receipt
of services and benefits under paragraph (1) by a tribe or
individual shall not be considered as income, resources, or
otherwise when determining the eligibility for or computation
of any payment or other benefit to such tribe, individual, or
household under—
(A) any financial aid program of the United States,
including grants and contracts subject to the Indian Self-
Determination Act; or
(B) any other benefit to which such tribe, household,
or individual would otherwise be entitled under any Federal
or federally assisted program.
(d) HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.—Nothing in this title shall expand, reduce, or affect in
any manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and its members.
(e) CERTAIN RIGHTS NOT ALTERED.—Except as specifically pro-
vided in this title, nothing in this title shall alter any property
right or obligation, any contractual right or obligation, or any obliga-
tion for taxes levied.
SEC. 1405. TRANSFER OF LAND TO BE HELD IN TRUST.
(a) LANDS TO BE TAKEN IN TRUST.—Upon application by the
Tribe, the Secretary shall accept into trust for the benefit of the
Tribe any real property located in Marin or Sonoma County, Cali-
fornia, for the benefit of the Tribe after the property is conveyed
or otherwise transferred to the Secretary and if, at the time of
such conveyance or transfer, there are no adverse legal claims
to such property, including outstanding liens, mortgages, or taxes.
(b) FORMER TRUST LANDS OF THE GRATON RANCHERIA.—Subject
to the conditions specified in this section, real property eligible
for trust status under this section shall include Indian owned fee
land held by persons listed as distributees or dependent members
in the distribution plan approved by the Secretary on September
17, 1959, or such distributees’ or dependent members’ Indian heirs
or successors in interest.
(c) LANDS TO BE PART OF RESERVATION.—Any real property
taken into trust for the benefit of the Tribe pursuant to this title
shall be part of the Tribe’s reservation.
(d) LANDS TO BE NONTAXABLE.—Any real property taken into
trust for the benefit of the Tribe pursuant to this section shall
be exempt from all local, State, and Federal taxation as of the
date that such land is transferred to the Secretary.
SEC. 1406. MEMBERSHIP ROLLS.
(a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—Not later than
1 year after the date of the enactment of this Act, the Secretary
shall, after consultation with the Tribe, compile a membership
roll of the Tribe.
(b) CRITERIA FOR MEMBERSHIP.—
(1) Until a tribal constitution is adopted under section
1408, an individual shall be placed on the Graton membership
H. R. 5528—74
roll if such individual is living, is not an enrolled member
of another federally recognized Indian tribe, and if—
(A) such individual’s name was listed on the Graton
Indian Rancheria distribution list compiled by the Bureau
of Indian Affairs and approved by the Secretary on Sep-
tember 17, 1959, under Public Law 85–671;
(B) such individual was not listed on the Graton Indian
Rancheria distribution list, but met the requirements that
had to be met to be listed on the Graton Indian Rancheria
distribution list;
(C) such individual is identified as an Indian from
the Graton, Marshall, Bodega, Tomales, or Sebastopol, Cali-
fornia, vicinities, in documents prepared by or at the direc-
tion of the Bureau of Indian Affairs, or in any other public
or California mission records; or
(D) such individual is a lineal descendant of an indi-
vidual, living or dead, identified in subparagraph (A), (B),
or (C).
(2) After adoption of a tribal constitution under section
1408, such tribal constitution shall govern membership in the
Tribe.
(c) CONCLUSIVE PROOF OF GRATON INDIAN ANCESTRY.—For the
purpose of subsection (b), the Secretary shall accept any available
evidence establishing Graton Indian ancestry. The Secretary shall
accept as conclusive evidence of Graton Indian ancestry information
contained in the census of the Indians from the Graton, Marshall,
Bodega, Tomales, or Sebastopol, California, vicinities, prepared by
or at the direction of Special Indian Agent John J. Terrell in
any other roll or census of Graton Indians prepared by or at
the direction of the Bureau of Indian Affairs and in the Graton
Indian Rancheria distribution list compiled by the Bureau of Indian
Affairs and approved by the Secretary on September 17, 1959.
SEC. 1407. INTERIM GOVERNMENT.
Until the Tribe ratifies a final constitution consistent with
section 1408, the Tribe’s governing body shall be an Interim Tribal
Council. The initial membership of the Interim Tribal Council shall
consist of the members serving on the date of the enactment of
this Act, who have been elected under the tribal constitution
adopted May 3, 1997. The Interim Tribal Council shall continue
to operate in the manner prescribed under such tribal constitution.
Any vacancy on the Interim Tribal Council shall be filled by individ-
uals who meet the membership criteria set forth in section 1406(b)
and who are elected in the same manner as are Tribal Council
members under the tribal constitution adopted May 3, 1997.
SEC. 1408. TRIBAL CONSTITUTION.
(a) ELECTION; TIME; PROCEDURE.—After the compilation of the
tribal membership roll under section 1406(a), upon the written
request of the Interim Tribal Council, the Secretary shall conduct,
by secret ballot, an election for the purpose of ratifying a final
constitution for the Tribe. The election shall be held consistent
with sections 16(c)(1) and 16(c)(2)(A) of the Act of June 18, 1934
(commonly known as the Indian Reorganization Act; 25 U.S.C.
476(c)(1) and 476(c)(2)(A), respectively). Absentee voting shall be
permitted regardless of voter residence.
(b) ELECTION OF TRIBAL OFFICIALS; PROCEDURES.—Not later
than 120 days after the Tribe ratifies a final constitution under
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subsection (a), the Secretary shall conduct an election by secret
ballot for the purpose of electing tribal officials as provided in
such tribal constitution. Such election shall be conducted consistent
with the procedures specified in subsection (a) except to the extent
that such procedures conflict with the tribal constitution.
TITLE XV—CEMETERY SITES AND
HISTORICAL PLACES
SEC. 1501. FINDINGS; DEFINITIONS.
(a) FINDINGS.—The Congress finds the following:
(1) Pursuant to section 14(h)(1) of ANCSA, the Secretary
has the authority to withdraw and convey to the appropriate
regional corporation fee title to existing cemetery sites and
historical places.
(2) Pursuant to section 14(h)(7) of ANCSA, lands located
within a National Forest may be conveyed for the purposes
set forth in section 14(h)(1) of ANCSA.
(3) Chugach Alaska Corporation, the Alaska Native
Regional Corporation for the Chugach Region, applied to the
Secretary for the conveyance of cemetery sites and historical
places pursuant to section 14(h)(1) of ANCSA in accordance
with the regulations promulgated by the Secretary.
(4) Among the applications filed were applications for
historical places at Miners Lake (AA–41487), Coghill Point
(AA–41488), College Fjord (AA–41489), Point Pakenham (AA–
41490), College Point (AA–41491), Egg Island (AA–41492), and
Wingham Island (AA–41494), which applications were sub-
stantively processed for 13 years and then rejected as having
been untimely filed.
(5) The fulfillment of the intent, purpose, and promise
of ANCSA requires that applications substantively processed
for 13 years should be accepted as timely, subject only to
a determination that such lands and applications meet the
eligibility criteria for historical places or cemetery sites, as
appropriate, set forth in the Secretary’s regulations.
(b) DEFINITIONS.—For the purposes of this title, the following
definitions apply:
(1) ANCSA.—The term ‘‘ANCSA’’ means the Alaska Native
Claims Settlement Act, as amended (43 U.S.C. 1601 et seq.).
(2) FEDERAL
GOVERNMENT.—The term ‘‘Federal Govern-
ment’’ means any Federal agency of the United States.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
SEC. 1502. WITHDRAWAL OF LANDS.
Notwithstanding any other provision of law, the Secretary shall
withdraw from all forms of appropriation all public lands described
in the applications identified in section 1501(a)(4) of this title.
SEC. 1503. APPLICATION FOR CONVEYANCE OF WITHDRAWN LANDS.
With respect to lands withdrawn pursuant to section 1502
of this title, the applications identified in section 1501(a)(4) of
this title are deemed to have been timely filed. In processing these
applications on the merits, the Secretary shall incorporate and
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use any work done on these applications during the processing
of these applications since 1980.
SEC. 1504. AMENDMENTS.
Chugach Alaska Corporation may amend any application under
section 1503 of this title in accordance with the rules and regula-
tions generally applicable to amending applications under section
14(h)(1) of ANCSA.
SEC. 1505. PROCEDURE FOR EVALUATING APPLICATIONS.
All applications under section 1503 of this title shall be evalu-
ated in accordance with the criteria and procedures set forth in
the regulations promulgated by the Secretary as of the date of
the enactment of this title. To the extent that such criteria and
procedures conflict with any provision of this title, the provisions
of this title shall control.
SEC. 1506. APPLICABILITY.
(a) EFFECT
ON ANCSA PROVISIONS.—Notwithstanding any
other provision of law or of this title, any conveyance of land
to Chugach Alaska Corporation pursuant to this title shall be
charged to and deducted from the entitlement of Chugach Alaska
Corporation under section 14(h)(8)(A) of ANCSA (43 U.S.C.
1613(h)(8)(A)), and no conveyance made pursuant to this title shall
affect the distribution of lands to or the entitlement to land of
any Regional Corporation other than Chugach Alaska Corporation
under section 14(h)(8) of ANCSA (43 U.S.C. 1613(h)(8)).
(b) NO ENLARGEMENT OF ENTITLEMENT.—Nothing herein shall
be deemed to enlarge Chugach Alaska Corporation’s entitlement
to subsurface estate under otherwise applicable law.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.