IB
Union Calendar No. 386
103D CONGRESS
2D SESSION
H. R. 4709
[Report No. 103–704]
To make certain technical corrections, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 30, 1994
Mr. RICHARDSON (for himself and Mr. THOMAS of Wyoming) introduced the
following bill; which was referred to the Committee on Natural Resources
AUGUST 16, 1994
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 June 30, 1994]
A BILL
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 Fed-
eral 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 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 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 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 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 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 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 Siletz Indians of Or-
egon, contingent upon payment of all accrued and unpaid
taxes, the following parcels of land located in Lincoln Coun-
ty, 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 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 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 (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 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 County, 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 (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 avail-
able 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. 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 SE1⁄4
SE1⁄4 SE1⁄4 SE1⁄4 of Section 28, Township 17 North,
Range 6 East of the Indian Meridian, Lincoln Coun-
ty, 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 NE1⁄4 NE1⁄4
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. 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 striking
out ‘‘of the date of death of the decedent’’ and inserting in
lieu thereof ‘‘after the date on which the Secretary’s deter-
mination of the heirs of the decedent becomes final’’.
SEC. 10. NORTHERN CHEYENNE LAND TRANSFER.
(a) IN GENERAL.—Notwithstanding any contrary pro-
vision of law, the Secretary of the Interior or his authorized
representative (‘‘Secretary’’) is hereby authorized and di-
rected to transfer by deed to Lame Deer High School Dis-
trict 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 de-
scribed 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 fa-
cilities. The Subject Lands consist of a tract of approxi-
mately 40 acres within the Northern Cheyenne Indian Res-
ervation, 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 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 be-
ginning, 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 revert
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 com-
menced in a permanent public high school facility es-
tablished on the Subject Lands, or if such classes com-
mence at the facility within such eight-year period,
but the facility subsequently permanently ceases oper-
ating 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 cre-
ate the School District, and with the prior approval
of the Superintendent of Public Instruction (‘‘Super-
intendent’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 additional 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 oper-
ating 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 permanently ceases op-
erating 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 provisions of this subsection. Upon
such tender, the deed shall be of no further force or effect,
and, subject to the leasehold interest 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 relinquish the right provided to it under this
subsection by resolution of the Northern Cheyenne Tribal
Council 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. 11. 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. 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, mod-
ify, diminish, or otherwise impair the sovereign immunity
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, psychiatry, osteopathy,
optometry, pharmacy, psychology, public health, social
work, marriage and family therapy, chiropractic medicine,
environmental health and engineering, allied health profes-
sions, and other health professions.’’.
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 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 Indian
Act’’), is amended by adding at the end the following: ‘‘Par-
ticipation in the Mentor-Protege Program established under
section 831 of Public Law 101–510 or receipt of assistance
pursuant to any developmental assistance agreement au-
thorized under such program does not render Indian labor
or Indian industry ineligible to receive any assistance au-
thorized under this proviso. For the purposes of this proviso,
(i) 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 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.’’.
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.
HR 4709 RH——2