H. R. 2107—22
to reflect any fluctuation occurring during the previous twelve (12)
months in the Consumer Price Index, as determined by the Sec-
retary of Labor’’.
SEC. 118. Any funds made available in this Act or any other
Act for tribal priority allocations (hereafter in this section ‘‘TPA’’)
in excess of the funds expended for TPA in fiscal year 1997 (adjusted
for fixed costs, internal transfers pursuant to other law, and pro-
posed increases to formula-driven programs not included in tribes’
TPA base) shall only be available for distribution—
(1) to each tribe to the extent necessary to provide that
tribe the minimum level of funding recommended by the Joint-
Tribal/BIA/DOI Task Force on Reorganization of the Bureau
of Indian Affairs Report of 1994 (hereafter ‘‘the 1994 Report’’)
not to exceed $160,000 per tribe; and
(2) to the extent funds remain, such funds will be allocated
according to the recommendations of a task force comprised
of 2 designated Federal officials and 2 tribal representatives
from each BIA area. These representatives shall be selected
by the Secretary after considering a list of names of tribal
leaders nominated and elected by the tribes in each area.
The list of nominees shall be provided to the Secretary by
October 31, 1997. If the tribes in an area fail to submit a
list of nominees to the Secretary by October 31, 1997, the
Secretary shall select representatives after consulting with the
BIA. In determining the allocation of remaining funds, the
Task Force shall consider the recommendations and principles
contained in the 1994 Report. If the Task Force cannot agree
on a distribution by January 31, 1998, the Secretary shall
distribute the remaining funds based on the recommendations
of a majority of Task Force members no later than February
28, 1998. If a majority recommendation cannot be reached,
the Secretary in exercising his discretion shall distribute the
remaining funds considering the recommendations of the Task
Force members.
SEC. 119. Section 116 of the Omnibus Appropriations Act for
Fiscal Year 1997 (Public Law 104–208; 110 Stat. 3009–201) is
amended—
(1) by striking ‘‘Miners Hospital Grant’’ each place it
appears and inserting in lieu thereof ‘‘Miners Hospital Grants’’;
(2) by striking ‘‘(February 20, 1929, 45 Stat. 1252)’’ each
place it appears and inserting in lieu thereof ‘‘(July 16, 1894,
28 Stat. 110 and February 20, 1929, 45 Stat. 1252)’’; and
(3) by striking ‘‘(July 26, 1894, 28 Stat. 110)’’ each place
it appears and inserting in lieu thereof ‘‘(July 16, 1894, 28
Stat. 110)’’.
SEC. 120. Notwithstanding any other provision of law, 90 days
after enactment of this section there is hereby vested in the United
States all right, title and interest in and to, and the right of
immediate possession of, all patented mining claims and valid
unpatented mining claims (including any unpatented claim whose
validity is in dispute, so long as such validity is later established
in accordance with applicable agency procedures) in the area known
as the Kantishna Mining District within Denali National Park
and Preserve, for which all current owners (or the bankruptcy
trustee as provided hereafter) of each such claim (for unpatented
claims, ownership as identified in recordations under the mining
laws and regulations) consent to such vesting in writing to the
H. R. 2107—23
Secretary of the Interior within said 90-day period: Provided, That
in the case of a mining claim in the Kantishna Mining District
that is involved in a bankruptcy proceeding, where the bankruptcy
trustee is a holder of an interest in such mining claim, such consent
may only be provided and will be deemed timely for purposes
of this section if the trustee applies within said 90-day period
to the bankruptcy court or any other appropriate court for authority
to sell the entire mining claim and to consent to the vesting of
title to such claim in the United States pursuant to this section,
and that in such event title in the entire mining claim shall vest
in the United States 10 days after entry of an unstayed, final
order or judgment approving the trustee’s application: Provided
further, That the United States shall pay just compensation to
the aforesaid owners of any valid claims to which title has vested
in the United States pursuant to this section, determined as of
the date of taking: Provided further, That payment shall be in
the amount of a negotiated settlement of the value of such claim
or the valuation of such claim awarded by judgment, and such
payment, including any deposits in the registry of the court, shall
be made solely from the permanent judgment appropriation estab-
lished pursuant to section 1304 of title 31, United States Code,
and shall include accrued interest on the amount of the agreed
settlement value or the final judgment from the date of taking
to the date of payment, calculated in accordance with section 258a
of title 40, United States Code: Provided further, That the United
States or a claim owner or bankruptcy trustee may initiate proceed-
ings after said 90-day period, but no later than six years after
the date of enactment of this section, seeking a determination
of just compensation in the District Court for the District of Alaska
pursuant to the Declaration of Taking Act, sections 258a–e of title
40, United States Code (except where inconsistent with this section),
and joining all owners of the claim: Provided further, That when
any such suit is instituted by the United States or the owner
or bankruptcy trustee, the United States shall deposit as soon
as possible in the registry of the court the estimated just compensa-
tion, in accordance with the procedures generally described in sec-
tion 258a of title 40, United States Code, not otherwise inconsistent
with this section: Provided further, That in establishing any esti-
mate for deposit in the court registry (other than an estimate
based on an agency approved appraisal made prior to the date
of enactment of this Act) the Secretary of the Interior shall permit
the claim owner to present information to the Secretary on the
value of the claim, including potential mineral value, and the Sec-
retary shall consider such information and permit the claim owner
to have a reasonable and sufficient opportunity to comment on
such estimate: Provided further, That the estimated just compensa-
tion deposited in the court registry shall be paid forthwith to
the aforesaid owners upon application to the court: Provided further,
That any payment from the court registry to the aforesaid owners
shall be deducted from any negotiated settlement or award by
judgment: Provided further, That the United States may not request
the court to withhold any payment from the court registry for
environmental remediation with respect to such claim: Provided
further, That the Secretary shall not allow any unauthorized use
of claims acquired pursuant to this section after the date title
vests in the United States pursuant to this section, and the Sec-
retary shall permit the orderly termination of all operations on
H. R. 2107—24
the lands and the removal of equipment, facilities, and personal
property by claim owners or bankruptcy trustee (as appropriate).
SEC. 121. Section 1034 of Public Law 104–333 (110 Stat. 4093,
4240) is amended by striking ‘‘at any time within 12 months of
enactment of this Act’’ and inserting in lieu thereof ‘‘on or before
October 1, 1998’’ and by inserting at the end of the section the
following new sentence: ‘‘If such litigation is commenced, at the
court trial, any party may introduce any relevant evidence bearing
on the interpretation of the 1976 agreement.’’.
SEC. 122. (a) KODIAK LAND VALUATION.—Notwithstanding the
Refuge Revenue Sharing Act (16 U.S.C. 715s) or any regulations
implementing such Act, the fair market value for the initial com-
putation of the payment to Kodiak Island Borough pursuant to
such Act shall be based on the purchase price of the parcels acquired
from Akhiok-Kaguyak, Incorporated, Koniag, Incorporated, and the
Old Harbor Native Corporation for addition to the Kodiak National
Wildlife Refuge.
(b) REAPPRAISALS.—The fair market value of the parcels
described in subsection (a) shall be reappraised by the Alaska
Region of the United States Fish and Wildlife Service under the
Refuge Revenue Sharing Act (16 U.S.C. 715s). Any such reapprais-
als shall be made in accordance with such Act and any other
applicable law and regulation, and shall be effective for any pay-
ments made in fiscal year 1999.
(c) EFFECTIVE
DATE.—The fair market value computation
required under subsection (a) shall be effective as of the date
of the acquisition of the parcels described is such subsection.
SEC. 123. ASSESSMENT OF FEES. (a) COMMISSION FUNDING.—
Section 18(a) of the Indian Gaming Regulatory Act (25 U.S.C.
2717(a)) is amended—
(1) in paragraph (1), by striking ‘‘class II gaming activity’’
and inserting ‘‘gaming operation that conducts a class II or
class III gaming activity’’; and
(2) in paragraph (2)—
(A) in subparagraph (A)(i), by striking ‘‘no less than
0.5 percent nor’’ and inserting ‘‘no’’;
(B) in subparagraph (B), by striking ‘‘$1,500,000’’ and
inserting ‘‘$8,000,000’’; and
(C) nothing in subsection (a) of this section shall apply
to self-regulated tribes such as the Mississippi Band of
Choctaw.
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section 19 of the
Indian Gaming Regulatory Act (25 U.S.C. 2718) is amended—
(1) in subsection (a), by striking ‘‘such sums as may be
necessary’’ and inserting ‘‘for fiscal year 1998, and for each
fiscal year thereafter, an amount equal to the amount of funds
derived from the assessments authorized by section 18(a) for
the fiscal year immediately preceding the fiscal year involved,’’;
and
(2) by striking subsection (b) and inserting the following:
‘‘(b) Notwithstanding section 18, there are authorized to be
appropriated to fund the operation of the Commission, $2,000,000
for fiscal year 1998, and $2,000,000 for each fiscal year thereafter.
The amounts authorized to be appropriated in the preceding
sentence shall be in addition to the amounts authorized to be
appropriated under subsection (a).’’.
H. R. 2107—25
SEC. 124. (a) PRIORITY OF BONDS.—Section 3 of Public Law
94–392 (90 Stat. 1193, 1195) is amended—
(1) by striking ‘‘priority for payment’’ and inserting ‘‘a
parity lien with every other issue of bonds or other obligations
issued for payment’’; and
(2) by striking ‘‘in the order of the date of issue’’.
(b) APPLICATION.—The amendments made by subsection (a)
shall apply to obligations issued on or after the date of enactment
of this section.
(c) SHORT TERM BORROWING.—Section 1 of Public Law 94–
392 (90 Stat. 1193) is amended by adding the following new
subsection at the end:
‘‘(d) The legislature of the Government of the Virgin Islands
may cause to be issued notes in anticipation of the collection of
the taxes and revenues for the current fiscal year. Such notes
shall mature and be paid within one year from the date they
are issued. No extension of such notes shall be valid and no addi-
tional notes shall be issued under this section until all notes issued
during a preceding year shall have been paid.’’.
SEC. 125. (a) In this section—
(1) the term ‘‘Huron Cemetery’’ means the lands that form
the cemetery that is popularly known as the Huron Cemetery,
located in Kansas City, Kansas, as described in subsection
(b)(3); and
(2) the term ‘‘Secretary’’ means the Secretary of the
Interior.
(b)(1) The Secretary shall take such action as may be necessary
to ensure that the lands comprising the Huron Cemetery (as
described in paragraph (3)) are used only in accordance with this
subsection.
(2) The lands of the Huron Cemetery shall be used only—
(A) for religious and cultural uses that are compatible
with the use of the lands as a cemetery; and
(B) as a burial ground.
(3) The description of the lands of the Huron Cemetery is
as follows:
The tract of land in the NW 1⁄4 of sec. 10, T. 11 S.,
R. 25 E., of the sixth principal meridian, in Wyandotte County,
Kansas (as surveyed and marked on the ground on August
15, 1888, by William Millor, Civil Engineer and Surveyor),
described as follows:
‘‘Commencing on the Northwest corner of the North-
west Quarter of the Northwest Quarter of said Section
10;
‘‘Thence South 28 poles to the ‘true point of beginning’;
‘‘Thence South 71 degrees East 10 poles and 18 links;
‘‘Thence South 18 degrees and 30 minutes West 28
poles;
‘‘Thence West 11 and one-half poles;
‘‘Thence North 19 degrees 15 minutes East 31 poles
and 15 feet to the ‘true point of beginning’, containing
2 acres or more.’’.
SEC. 126. ARKANSAS
POST
NATIONAL
MEMORIAL.—(a) The
boundaries of the Arkansas Post National Memorial are revised
to include the approximately 360 acres of land generally depicted
on the map entitled ‘‘Arkansas Post National Memorial, Osotouy
Unit, Arkansas County, Arkansas’’ and dated June 1993. Such