Union Calendar No. 217
104TH CONGRESS
1ST SESSION
H. R. 2726
[Report No. 104–444]
A BILL
To make certain technical corrections in laws relat-
ing to Native Americans, and for other purposes.
DECEMBER 30 (legislative day, DECEMBER 22), 1995
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 217
104TH CONGRESS
1ST SESSION
H. R. 2726
[Report No. 104–444]
To make certain technical corrections in laws relating to Native Americans,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 6, 1995
Mr. GALLEGLY introduced the following bill; which was referred to the
Committee on Resources
DECEMBER 30 (legislative day, DECEMBER 22), 1995
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on December 6, 1995]
A BILL
To make certain technical corrections in laws relating to
Native Americans, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 2726 RH
SECTION 1. CORRECTION TO POKAGON RESTORATION ACT.
Section 9 of the Act entitled ‘‘An Act to restore Federal
services to the Pokagon Band of Potawatomi Indians’’ (25
U.S.C. 1300j–7a) is amended—
(1) by striking ‘‘Bands’’ each place it appears
and inserting ‘‘Band’’;
(2) in subsection (a), by striking ‘‘respective’’;
and
(3) in subsection (b)—
(A) in paragraph (1)—
(i) in the first sentence—
(I) by striking ‘‘membership rolls
that contain’’ and inserting ‘‘a mem-
bership roll that contains’’; and
(II) by striking ‘‘in such’’ and in-
serting ‘‘in the’’; and
(ii) in the second sentence, by striking
‘‘Each such’’ and inserting ‘‘The’’;
(B) in paragraph (2)—
(i) by striking ‘‘rolls have’’ and insert-
ing ‘‘roll has’’; and
(ii) by striking ‘‘such rolls’’ and insert-
ing ‘‘such roll’’;
(C) in the heading for paragraph (3), by
striking ‘‘ROLLS’’ and inserting ‘‘ROLL’’; and
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(D) in paragraph (3), by striking ‘‘rolls are
maintained’’ and inserting ‘‘roll is maintained’’.
SEC. 2. CORRECTION TO ODAWA AND OTTAWA RESTORA-
TION ACT.
(a) REAFFIRMATION OF RIGHTS.—The heading of sec-
tion 5(b) of the Little Traverse Bay Bands of Odawa Indi-
ans and the Little River Band of Ottawa Indians Act (25
U.S.C. 1300k–3) is amended by striking ‘‘TRIBE’’ and in-
serting ‘‘BANDS’’.
(b) MEMBERSHIP LIST.—Section 9 of the Little Tra-
verse Bay Bands of Odawa and the Little River Band of
Ottawa Indians Act (25 U.S.C. 1300k–7) is amended—
(1) in subsection (a)—
(A) by striking ‘‘Band’’ the first place it
appears and inserting ‘‘Bands’’; and
(B) by striking ‘‘the Band.’’ and inserting
‘‘the respective Bands.’’; and
(2) in subsection (b)(1)—
(A) in the first sentence, by striking ‘‘the
Band shall submit to the Secretary membership
rolls that contain the names of all individuals el-
igible for membership in such Band’’ and insert-
ing ‘‘each of the Bands shall submit to the Sec-
retary a membership roll that contains the
HR 2726 RH
SEC. 11. NATIVE AMERICAN LANGUAGES ACT.
Section 103 of the Native American Languages Act (25
U.S.C. 2902) is amended—
(1) in paragraph (2), by striking ‘‘under section
5351(4) of the Indian Education Act of 1988 (25
U.S.C. 2651(4))’’ and inserting ‘‘under section
9161(4) of the Improving America’s Schools Act of
1994 (20 U.S.C. 7881(4))’’; and
(2) in paragraph (3), by striking ‘‘section 4009
of Public Law 100–297 (20 U.S.C. 4909)’’ and insert-
ing ‘‘section 9212(1) of the Improving America’s
Schools Act of 1994 (20 U.S.C. 7912(1))’’.
SEC. 12. PONCA RESTORATION ACT.
Section 5 of the Ponca Restoration Act (25 U.S.C.
983c) is amended—
(1) by inserting ‘‘Sarpy, Burt, Platte, Stanton,
Holt, Hall, Wayne,’’ before ‘‘Knox’’; and
(2) by striking ‘‘or Charles Mix County’’ and in-
serting ‘‘, Woodbury or Pottawattomie Counties of
Iowa, or Charles Mix County’’.
SEC. 13. YAVAPAI-PRESCOTT INDIAN TRIBE WATER RIGHTS
SETTLEMENT ACT OF 1994.
Section 112(b) of the Yavapai-Prescott Indian Tribe
Water Rights Settlement Act of 1994 (108 Stat. 4532) is
amended by striking ‘‘December 31, 1995’’ and inserting
‘‘June 30, 1996’’.
HR 2726 RH
SEC. 14. REVOCATION OF CHARTER OF INCORPORATION OF
THE MINNESOTA CHIPPEWA TRIBE UNDER
THE INDIAN REORGANIZATION ACT.
The request of the Minnesota Chippewa Tribe to sur-
render the charter of incorporation issued to that tribe on
September 17, 1937, pursuant to section 17 of the Act of
June 18, 1934, commonly known as the ‘‘Indian Reorga-
nization Act’’ (48 Stat. 988, chapter 576; 25 U.S.C. 477)
is hereby accepted and that charter of incorporation is here-
by revoked.
SEC. 15. ADVISORY COUNCIL ON CALIFORNIA INDIAN POL-
ICY ACT OF 1992.
Section 5(6) of the Advisory Council on California In-
dian Policy Act of 1992 (106 Stat. 2133; 25 U.S.C. 651
note) is amended by striking ‘‘18 months’’ and inserting
‘‘36 months’’.
SEC. 16. SAN CARLOS APACHE TRIBE WATER RIGHTS SET-
TLEMENT ACT OF 1992.
Section 3711(b)(1) of the San Carlos Apache Tribe
Water Rights Settlement Act of 1992 (title XXXVII of Pub-
lic Law 102–575; 25 U.S.C. 390 note) is amended by strik-
ing ‘‘December 31, 1995’’ and inserting ‘‘December 31,
1996’’.
HR 2726 RH
SEC. 17. IN-LIEU FISHING SITE TRANSFER AUTHORITY.
Section 401 of Public Law 100–581 (102 Stat. 2944–
2945) is amended by adding at the end the following new
subsection:
‘‘(g) The Secretary of the Army is authorized to trans-
fer funds to the Department of the Interior to be used for
purposes of the continued operation and maintenance of
sites improved or developed under this section.’’.
SEC. 18. ADOLESCENT TRANSITIONAL LIVING FACILITY.
Notwithstanding any other provision of law, any funds
that were provided to the Ponca Indian Tribe of Nebraska
for any of the fiscal years 1992 through 1995, and that were
retained by that Indian tribe, pursuant to a self-determina-
tion contract with the Secretary of Health and Human
Services that the Indian tribe entered into under section
102 of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450f) to carry out programs and
functions of the Indian Health Service may be used by that
Indian tribe to acquire, develop, and maintain a transi-
tional living facility for adolescents, including land for that
facility.
SEC. 19. EXPENDITURE OF MESCALERO APACHE TRIBE
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
HR 2726 RH
et seq.), the Secretary of the Interior may reprogram, in
accordance with the Resolutions, approved by the Mescalero
Apache Tribal Council on January 24, 1995, any and all
remaining funds (principal and interest accounts) regard-
ing specific changes in the Secretarial Plans for the use of
the funds in Docket Nos. 22–G, 30, 48, 30–A, and 48–A,
awarded in satisfaction of the judgments by the Indian
Claims Commission.
SEC. 20. ESTABLISHMENT OF A BAND ROLL.
Section 5(d)(2) of the Lac Vieux Desert Band of Lake
Superior Chippewa Indians Act (25 U.S.C. 1300h–3(d)(2);
102 Stat. 1578) is amended—
(1) by inserting ‘‘and base roll’’ after ‘‘require-
ment’’; and
(2) by striking ‘‘modification is’’ and inserting
‘‘modifications are’’.
SEC. 21. OPTION TO INCORPORATE SELF-DETERMINATION
PROVISIONS INTO SELF-GOVERNANCE.
Section 403 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 458cc) is amended by
adding the following new subsection:
‘‘(l) INCORPORATE
SELF-DETERMINATION
PROVI-
SIONS.—At the option of a participating tribe or tribes, any
or all provisions of title I of this Act shall be made part
of an agreement entered into under title III of this Act or
HR 2726 RH
this title. The Secretary is obligated to include such provi-
sions at the option of the participating tribe or tribes. If
such provision is incorporated it shall have the same force
and effect as if set out in full in title III or this title.’’.