Native American Technical Corrections Act of 2004
PL 108-204 (S.523), enacted 03/02/2004

118 STAT. 542
PUBLIC LAW 108–204—MAR. 2, 2004
Public Law 108–204
108th Congress
An Act
To make technical corrections to laws relating to Native Americans, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Native Amer-
ican Technical Corrections Act of 2004’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I—TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING
TO NATIVE AMERICANS
Subtitle A—Technical Amendments
Sec. 101. Bosque Redondo Memorial Act.
Sec. 102. Navajo-Hopi Land Settlement Act.
Sec. 103. Tribal sovereignty.
Sec. 104. Cow Creek Band of Umpqua Indians.
Sec. 105. Pueblo de Cochiti; modification of settlement.
Sec. 106. Four Corners Interpretive Center.
Sec. 107. Mississippi Band of Choctaw Indians.
Sec. 108. Rehabilitation of Celilo Indian Village.
Subtitle B—Other Provisions Relating to Native Americans
Sec. 121. Barona Band of Mission Indians; facilitation of construction of pipeline to
provide water for emergency fire suppression and other purposes.
Sec. 122. Conveyance of Native Alaskan objects.
Sec. 123. Pueblo of Acoma; land and mineral consolidation.
Sec. 124. Quinault Indian Nation; water feasibility study.
Sec. 125. Santee Sioux Tribe; study and report.
Sec. 126. Shakopee Mdewakanton Sioux Community.
Sec. 127. Agua Caliente Band of Cahuilla Indians.
Sec. 128. Saginaw Chippewa Tribal College.
Sec. 129. Ute Indian Tribe; oil shale reserve.
TITLE II—PUEBLO OF SANTA CLARA AND PUEBLO OF SAN ILDEFONSO
Sec. 201. Definitions.
Sec. 202. Trust for the Pueblo of Santa Clara, New Mexico.
Sec. 203. Trust for the Pueblo of San Ildefonso, New Mexico.
Sec. 204. Survey and legal descriptions.
Sec. 205. Administration of trust land.
Sec. 206. Effect.
Sec. 207. Gaming.
TITLE III—DISTRIBUTION OF QUINAULT PERMANENT FISHERIES FUNDS
Sec. 301. Distribution of judgment funds.
Sec. 302. Conditions for distribution.
25 USC 461 note.
Native American
Technical
Corrections Act
of 2004.
Mar. 2, 2004
[S. 523]
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118 STAT. 543
PUBLIC LAW 108–204—MAR. 2, 2004
SEC. 2. DEFINITION OF SECRETARY.
In this Act, except as otherwise provided in this Act, the term
‘‘Secretary’’ means the Secretary of the Interior.
TITLE 
I—TECHNICAL 
AMENDMENTS
AND OTHER PROVISIONS RELATING
TO NATIVE AMERICANS
Subtitle A—Technical Amendments
SEC. 101. BOSQUE REDONDO MEMORIAL ACT.
Section 206 of the Bosque Redondo Memorial Act (16 U.S.C.
431 note; Public Law 106–511) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘2000’’ and inserting
‘‘2004’’; and
(B) in paragraph (2), by striking ‘‘2001 and 2002’’ and
inserting ‘‘2005 and 2006’’; and
(2) in subsection (b), by striking ‘‘2002’’ and inserting
‘‘2007,’’.
SEC. 102. NAVAJO-HOPI LAND SETTLEMENT ACT.
Section 25(a)(8) of Public Law 93–531 (commonly known as
the ‘‘Navajo-Hopi Land Settlement Act of 1974’’) (25 U.S.C. 640d–
24(a)(8)) is amended by striking ‘‘annually for fiscal years 1995,
1996, 1997, 1998, 1999, and 2000’’ and inserting ‘‘for each of fiscal
years 2003 through 2008’’.
SEC. 103. TRIBAL SOVEREIGNTY.
Section 16 of the Act of June 18, 1934 (25 U.S.C. 476), is
amended by adding at the end the following:
‘‘(h) TRIBAL SOVEREIGNTY.—Notwithstanding any other provi-
sion of this Act—
‘‘(1) each Indian tribe shall retain inherent sovereign power
to adopt governing documents under procedures other than
those specified in this section; and
‘‘(2) nothing in this Act invalidates any constitution or
other governing document adopted by an Indian tribe after
June 18, 1934, in accordance with the authority described in
paragraph (1).’’.
SEC. 104. COW CREEK BAND OF UMPQUA INDIANS.
Section 7 of the Cow Creek Band of Umpqua Tribe of Indians
Recognition Act (25 U.S.C. 712e) is amended in the third sentence
by inserting before the period at the end the following: ‘‘, and
shall be treated as on-reservation land for the purpose of processing
acquisitions of real property into trust’’.
SEC. 105. PUEBLO DE COCHITI; MODIFICATION OF SETTLEMENT.
Section 1 of Public Law 102–358 (106 Stat. 960) is amended—
(1) by striking ‘‘implement the settlement’’ and inserting
the following: ‘‘implement—
‘‘(1) the settlement;’’;
(2) by striking the period at the end and inserting ‘‘; and’’;
and
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118 STAT. 544
PUBLIC LAW 108–204—MAR. 2, 2004
(3) by adding at the end the following:
‘‘(2) the modifications regarding the use of the settlement
funds as described in the agreement known as the ‘First Amend-
ment 
to 
Operation 
and 
Maintenance 
Agreement 
for
Implementation of Cochiti Wetlands Solution’, executed—
‘‘(A) on October 22, 2001, by the Army Corps of Engi-
neers;
‘‘(B) on October 25, 2001, by the Pueblo de Cochiti
of New Mexico; and
‘‘(C) on November 8, 2001, by the Secretary of the
Interior.’’.
SEC. 106. FOUR CORNERS INTERPRETIVE CENTER.
Section 7 of the Four Corners Interpretive Center Act (113
Stat. 1706) is amended—
(1) in subsection (a)(2), by striking ‘‘2005’’ and inserting
‘‘2008’’;
(2) in subsection (b), by striking ‘‘2002’’ and inserting
‘‘2005’’; and
(3) in subsection (c), by striking ‘‘2001’’ and inserting
‘‘2004’’.
SEC. 107. MISSISSIPPI BAND OF CHOCTAW INDIANS.
Section 1(a)(2) of Public Law 106–228 (114 Stat. 462) is
amended by striking ‘‘report entitled’’ and all that follows through
‘‘is hereby declared’’ and inserting the following: ‘‘report entitled
‘Report of May 17, 2002, Clarifying and Correcting Legal Descrip-
tions or Recording Information for Certain Lands placed into Trust
and Reservation Status for the Mississippi Band of Choctaw Indians
by Section 1(a)(2) of Pub. L. 106–228, as amended by Title VIII,
Section 811 of Pub. L. 106–568’, on file in the Office of the Super-
intendent, Choctaw Agency, Bureau of Indian Affairs, Department
of the Interior, is declared’’.
SEC. 108. REHABILITATION OF CELILO INDIAN VILLAGE.
Section 401(b)(3) of Public Law 100–581 (102 Stat. 2944) is
amended by inserting ‘‘and Celilo Village’’ after ‘‘existing sites’’.
Subtitle B—Other Provisions Relating to
Native Americans
SEC. 121. BARONA BAND OF MISSION INDIANS; FACILITATION OF
CONSTRUCTION OF PIPELINE TO PROVIDE WATER FOR
EMERGENCY FIRE SUPPRESSION AND OTHER PURPOSES.
(a) IN GENERAL.—Notwithstanding any other provision of law,
subject to valid existing rights under Federal and State law, and
to any easements or similar restrictions which may be granted
to the city of San Diego, California, for the construction, operation
and maintenance of a pipeline and related appurtenances and facili-
ties for conveying water from the San Vicente Reservoir to the
Barona Indian Reservation, or for conservation, wildlife or habitat
protection, or related purposes, the land described in subsection
(b), fee title to which is held by the Barona Band of Mission
Indians of California (referred to in this section as the ‘‘Band’’)—
(1) is declared to be held in trust by the United States
for the benefit of the Band; and
California.
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118 STAT. 545
PUBLIC LAW 108–204—MAR. 2, 2004
(2) shall be considered to be a portion of the reservation
of the Band.
(b) LAND.—The land referred to in subsection (a) is land com-
prising approximately 85 acres in San Diego County, California,
and described more particularly as follows: San Bernardino Base
and Meridian; T. 14 S., R. 1 E.; sec. 21: W1⁄2 SE1⁄4, 68 acres;
NW1⁄4 NW1⁄4, 17 acres.
(c) GAMING.—The land taken into trust by subsection (a) shall
neither be considered to have been taken into trust for gaming,
nor be used for gaming (as that term is used in the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.)).
SEC. 122. CONVEYANCE OF NATIVE ALASKAN OBJECTS.
Notwithstanding any provision of law affecting the disposal
of Federal property, on the request of the Chugach Alaska Corpora-
tion or Sealaska Corporation, the Secretary of Agriculture shall
convey to whichever of those corporations that has received title
to a cemetery site or historical place on National Forest System
land conveyed under section 14(h)(1) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1613(h)(1)) all artifacts, physical remains,
and copies of any available field records that—
(1)(A) are in the possession of the Secretary of Agriculture;
and
(B) have been collected from the cemetery site or historical
place; but
(2) are not required to be conveyed in accordance with
the Native American Graves Protection and Repatriation Act
(25 U.S.C. 3001 et seq.) or any other applicable law.
SEC. 123. PUEBLO OF ACOMA; LAND AND MINERAL CONSOLIDATION.
(a) DEFINITION OF BIDDING OR ROYALTY CREDIT.—The term
‘‘bidding or royalty credit’’ means a legal instrument or other written
documentation, or an entry in an account managed by the Secretary,
that may be used in lieu of any other monetary payment for—
(1) a bonus bid for a lease sale on the outer Continental
Shelf; or
(2) a royalty due on oil or gas production;
for any lease located on the outer Continental Shelf outside the
zone defined and governed by section 8(g)(2) of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1337(g)(2)).
(b) AUTHORITY.—Notwithstanding any other provision of law,
the Secretary may acquire any nontribal interest in or to land
(including an interest in mineral or other surface or subsurface
rights) within the boundaries of the Acoma Indian Reservation
for the purpose of carrying out Public Law 107–138 (116 Stat.
6) by issuing bidding or royalty credits under this section in an
amount equal to the value of the interest acquired by the Secretary,
as determined under section 1(a) of Public Law 107–138 (116 Stat.
6).
(c) USE OF BIDDING AND ROYALTY CREDITS.—On issuance by
the Secretary of a bidding or royalty credit under subsection (b),
the bidding or royalty credit—
(1) may be freely transferred to any other person (except
that, before any such transfer, the transferor shall notify the
Secretary of the transfer by such method as the Secretary
may specify); and
Notification.
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118 STAT. 546
PUBLIC LAW 108–204—MAR. 2, 2004
(2) shall remain available for use by any person during
the 5-year period beginning on the date of issuance by the
Secretary of the bidding or royalty credit.
SEC. 124. QUINAULT INDIAN NATION; WATER FEASIBILITY STUDY.
(a) IN GENERAL.—The Secretary is authorized to carry out,
in accordance with Federal reclamation law (the Act of June 17,
1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and
amendatory of that Act (43 U.S.C. 371 et seq.)), a water source,
quantity, and quality feasibility study for land of the Quinault
Indian Nation to identify ways to meet the current and future
domestic and commercial water supply and distribution needs of
the Quinault Indian Nation on the Olympic Peninsula, Washington.
(b) PUBLIC AVAILABILITY OF RESULTS.—As soon as practicable
after completion of a feasibility study under subsection (a), the
Secretary shall—
(1) publish in the Federal Register a notice of the avail-
ability of the results of the feasibility study; and
(2) make available to the public, on request, the results
of the feasibility study.
SEC. 125. SANTEE SIOUX TRIBE; STUDY AND REPORT.
(a) STUDY.—Pursuant to reclamation laws, the Secretary, acting
through the Bureau of Reclamation and in consultation with the
Santee Sioux Tribe of Nebraska (referred to in this subtitle as
the ‘‘Tribe’’), shall conduct a feasibility study to determine the
most feasible method of developing a safe and adequate municipal,
rural, and industrial water treatment and distribution system for
the Santee Sioux Tribe of Nebraska that could serve the tribal
community and adjacent communities and incorporate population
growth and economic development activities for a period of 40
years.
(b) COOPERATIVE AGREEMENT.—At the request of the Tribe,
the Secretary shall enter into a cooperative agreement with the
Tribe for activities necessary to conduct the study required by
subsection (a) regarding which the Tribe has unique expertise or
knowledge.
(c) REPORT.—Not later than 1 year after funds are made avail-
able to carry out this subtitle, the Secretary shall submit to Con-
gress a report containing the results of the study required by
subsection (a).
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$500,000, to remain available until expended.
SEC. 126. SHAKOPEE MDEWAKANTON SIOUX COMMUNITY.
(a) IN GENERAL.—Notwithstanding any other provision of law,
without further authorization by the United States, the Shakopee
Mdewakanton Sioux Community in the State of Minnesota (referred
to in this section as the ‘‘Community’’) may lease, sell, convey,
warrant, or otherwise transfer all or any part of the interest of
the Community in or to any real property that is not held in
trust by the United States for the benefit of the Community.
(b) NO EFFECT ON TRUST LAND.—Nothing in this section—
(1) authorizes the Community to lease, sell, convey, war-
rant, or otherwise transfer all or part of an interest in any
real property that is held in trust by the United States for
the benefit of the Community; or
Minnesota.
Deadline.
Nebraska.
Federal Register,
publication.
Washington.
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118 STAT. 547
PUBLIC LAW 108–204—MAR. 2, 2004
(2) affects the operation of any law governing leasing,
selling, conveying, warranting, or otherwise transferring any
interest in that trust land.
SEC. 127. AGUA CALIENTE BAND OF CAHUILLA INDIANS.
(a) IN GENERAL.—Notwithstanding any other provision of law
(including any restrictive covenant in effect under, or required
by operation of, a State law), title to land that the Secretary
of the Interior agrees is to be acquired by the United States in
accordance with the Act of June 18, 1934 (25 U.S.C. 465), for
the Agua Caliente Band of Cahuilla Indians shall be taken in
the name of the United States.
(b) COVENANTS.—A restrictive covenant referred to in sub-
section (a) shall be unenforceable against the United States if
the land to which the restrictive covenant is attached was held
in trust by the United States for, or owned by, the Agua Caliente
Band of Cahuilla Indians, or an individual member of the Band,
before the date on which the restrictive covenant attached to the
land.
SEC. 128. SAGINAW CHIPPEWA TRIBAL COLLEGE.
Section 532 of the Equity in Educational Land Grant Status
Act of 1994 (7 U.S.C. 301 note; Public Law 103–382) is amended—
(1) by redesignating paragraphs (22) through (31) as para-
graphs (23) through (32), respectively; and
(2) by inserting after paragraph (21) the following:
‘‘(22) Saginaw Chippewa Tribal College.’’.
SEC. 129. UTE INDIAN TRIBE; OIL SHALE RESERVE.
Section 3405(c) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 note; Public
Law 105–261) is amended by striking paragraph (3) and inserting
the following:
‘‘(3) With respect to the land conveyed to the Tribe under
subsection (b)—
‘‘(A) the land shall not be subject to any Federal restric-
tion on alienation; and
‘‘(B) notwithstanding any provision to the contrary in
the constitution, bylaws, or charter of the Tribe, the Act
of May 11, 1938 (commonly known as the ‘Indian Mineral
Leasing Act of 1938’) (25 U.S.C. 396a et seq.), the Indian
Mineral Development Act of 1982 (25 U.S.C. 2101 et seq.),
section 2103 of the Revised Statutes (25 U.S.C. 81), or
section 2116 of the Revised Statutes (25 U.S.C. 177), or
any other law, no purchase, grant, lease, or other convey-
ance of the land (or any interest in the land), and no
exploration, development, or other agreement relating to
the land that is authorized by resolution by the governing
body of the Tribe, shall require approval by the Secretary
of the Interior or any other Federal official.’’.
TITLE II—PUEBLO OF SANTA CLARA
AND PUEBLO OF SAN ILDEFONSO
SEC. 201. DEFINITIONS.
In this title:
New Mexico.
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118 STAT. 548
PUBLIC LAW 108–204—MAR. 2, 2004
(1) AGREEMENT.—The term ‘‘Agreement’’ means the agree-
ment entitled ‘‘Agreement to Affirm Boundary Between Pueblo
of Santa Clara and Pueblo of San Ildefonso Aboriginal Lands
Within Garcia Canyon Tract’’, entered into by the Governors
on December 20, 2000.
(2) BOUNDARY LINE.—The term ‘‘boundary line’’ means the
boundary line established under section 204(a).
(3) GOVERNORS.—The term ‘‘Governors’’ means—
(A) the Governor of the Pueblo of Santa Clara, New
Mexico; and
(B) the Governor of the Pueblo of San Ildefonso, New
Mexico.
(4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).
(5) PUEBLOS.—The term ‘‘Pueblos’’ means—
(A) the Pueblo of Santa Clara, New Mexico; and
(B) the Pueblo of San Ildefonso, New Mexico.
(6) TRUST LAND.—The term ‘‘trust land’’ means the land
held by the United States in trust under section 202(a) or
203(a).
SEC. 202. TRUST FOR THE PUEBLO OF SANTA CLARA, NEW MEXICO.
(a) IN GENERAL.—All right, title, and interest of the United
States in and to the land described in subsection (b), including
improvements on, appurtenances to, and mineral rights (including
rights to oil and gas) to the land, shall be held by the United
States in trust for the Pueblo of Santa Clara, New Mexico.
(b) DESCRIPTION OF LAND.—The land referred to in subsection
(a) consists of approximately 2,484 acres of Bureau of Land Manage-
ment land located in Rio Arriba County, New Mexico, and more
particularly described as—
(1) the portion of T. 20 N., R. 7 E., sec. 22, New Mexico
Principal Meridian, that is located north of the boundary line;
(2) the southern half of T. 20 N., R. 7 E., sec. 23, New
Mexico Principal Meridian;
(3) the southern half of T. 20 N., R. 7 E., sec. 24, New
Mexico Principal Meridian;
(4) T. 20 N., R. 7 E., sec. 25, excluding the 5-acre tract
in the southeast quarter owned by the Pueblo of San Ildefonso;
(5) the portion of T. 20 N., R. 7 E., sec. 26, New Mexico
Principal Meridian, that is located north and east of the
boundary line;
(6) the portion of T. 20 N., R. 7 E., sec. 27, New Mexico
Principal Meridian, that is located north of the boundary line;
(7) the portion of T. 20 N., R. 8 E., sec. 19, New Mexico
Principal Meridian, that is not included in the Santa Clara
Pueblo Grant or the Santa Clara Indian Reservation; and
(8) the portion of T. 20 N., R. 8 E., sec. 30, that is not
included in the Santa Clara Pueblo Grant or the San Ildefonso
Grant.
SEC. 203. TRUST FOR THE PUEBLO OF SAN ILDEFONSO, NEW MEXICO.
(a) IN GENERAL.—All right, title, and interest of the United
States in and to the land described in subsection (b), including
improvements on, appurtenances to, and mineral rights (including
rights to oil and gas) to the land, shall be held by the United
States in trust for the Pueblo of San Ildefonso, New Mexico.
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118 STAT. 549
PUBLIC LAW 108–204—MAR. 2, 2004
(b) DESCRIPTION OF LAND.—The land referred to in subsection
(a) consists of approximately 2,000 acres of Bureau of Land Manage-
ment land located in Rio Arriba County and Santa Fe County
in the State of New Mexico, and more particularly described as—
(1) the portion of T. 20 N., R. 7 E., sec. 22, New Mexico
Principal Meridian, that is located south of the boundary line;
(2) the portion of T. 20 N., R. 7 E., sec. 26, New Mexico
Principal Meridian, that is located south and west of the
boundary line;
(3) the portion of T. 20 N., R. 7 E., sec. 27, New Mexico
Principal Meridian, that is located south of the boundary line;
(4) T. 20 N., R. 7 E., sec. 34, New Mexico Principal
Meridian; and
(5) the portion of T. 20 N., R. 7 E., sec. 35, New Mexico
Principal Meridian, that is not included in the San Ildefonso
Pueblo Grant.
SEC. 204. SURVEY AND LEGAL DESCRIPTIONS.
(a) SURVEY.—Not later than 180 days after the date of enact-
ment of this Act, the Office of Cadastral Survey of the Bureau
of Land Management shall, in accordance with the Agreement,
complete a survey of the boundary line established under the Agree-
ment for the purpose of establishing, in accordance with sections
3102(b) and 3103(b), the boundaries of the trust land.
(b) LEGAL DESCRIPTIONS.—
(1) PUBLICATION.—On approval by the Governors of the
survey completed under subsection (a), the Secretary shall pub-
lish in the Federal Register—
(A) a legal description of the boundary line; and
(B) legal descriptions of the trust land.
(2) TECHNICAL CORRECTIONS.—Before the date on which
the legal descriptions are published under paragraph (1)(B),
the Secretary may correct any technical errors in the descrip-
tions of the trust land provided in sections 3102(b) and 3103(b)
to ensure that the descriptions are consistent with the terms
of the Agreement.
(3) EFFECT.—Beginning on the date on which the legal
descriptions are published under paragraph (1)(B), the legal
descriptions shall be the official legal descriptions of the trust
land.
SEC. 205. ADMINISTRATION OF TRUST LAND.
(a) IN GENERAL.—Effective beginning on the date of enactment
of this Act—
(1) the land held in trust under section 202(a) shall be
declared to be a part of the Santa Clara Indian Reservation;
and
(2) the land held in trust under section 203(a) shall be
declared to be a part of the San Ildefonso Indian Reservation.
(b) APPLICABLE LAW.—
(1) IN
GENERAL.—The trust land shall be administered
in accordance with any law (including regulations) or court
order generally applicable to property held in trust by the
United States for Indian tribes.
(2) PUEBLO
LANDS
ACT.—The following shall be subject
to section 17 of the Act of June 7, 1924 (commonly known
as the ‘‘Pueblo Lands Act’’) (25 U.S.C. 331 note):
(A) The trust land.
Effective date.
Federal Register,
publication.
Deadline.
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118 STAT. 550
PUBLIC LAW 108–204—MAR. 2, 2004
(B) Any land owned as of the date of enactment of
this Act or acquired after the date of enactment of this
Act by the Pueblo of Santa Clara in the Santa Clara
Pueblo Grant.
(C) Any land owned as of the date of enactment of
this Act or acquired after the date of enactment of this
Act by the Pueblo of San Ildefonso in the San Ildefonso
Pueblo Grant.
(c) USE OF TRUST LAND.—
(1) IN GENERAL.—Subject to the criteria developed under
paragraph (2), the trust land may be used only for—
(A) traditional and customary uses; or
(B) stewardship conservation for the benefit of the
Pueblo for which the trust land is held in trust.
(2) CRITERIA.—The Secretary shall work with the Pueblos
to develop appropriate criteria for using the trust land in a
manner that preserves the trust land for traditional and cus-
tomary uses or stewardship conservation.
(3) LIMITATION.—Beginning on the date of enactment of
this Act, the trust land shall not be used for any new commer-
cial developments.
SEC. 206. EFFECT.
Nothing in this title—
(1) affects any valid right-of-way, lease, permit, mining
claim, grazing permit, water right, or other right or interest
of a person or entity (other than the United States) that is—
(A) in or to the trust land; and
(B) in existence before the date of enactment of this
Act;
(2) enlarges, impairs, or otherwise affects a right or claim
of the Pueblos to any land or interest in land that is—
(A) based on Aboriginal or Indian title; and
(B) in existence before the date of enactment of this
Act;
(3) constitutes an express or implied reservation of water
or water right with respect to the trust land; or
(4) affects any water right of the Pueblos in existence
before the date of enactment of this Act.
SEC. 207. GAMING.
Land taken into trust under this title shall neither be consid-
ered to have been taken into trust for, nor be used for, gaming
(as that term is used in the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.)).
TITLE III—DISTRIBUTION OF QUINAULT
PERMANENT FISHERIES FUNDS
SEC. 301. DISTRIBUTION OF JUDGMENT FUNDS.
(a) FUNDS TO BE DEPOSITED INTO SEPARATE ACCOUNTS.—
(1) IN GENERAL.—Subject to section 302, not later than
30 days after the date of enactment of this Act, the funds
appropriated on September 19, 1989, in satisfaction of an award
granted to the Quinault Indian Nation under Dockets 772–
71, 773–71, 774–71, and 775–71 before the United States
Deadline.
Effective date.
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118 STAT. 551
PUBLIC LAW 108–204—MAR. 2, 2004
Claims Court, less attorney fees and litigation expenses, and
including all interest accrued to the date of disbursement,
shall be distributed by the Secretary and deposited into 3
separate accounts to be established and maintained by the
Quinault Indian Nation (referred to in this title as the ‘‘Tribe’’)
in accordance with this subsection.
(2) ACCOUNT FOR PRINCIPAL AMOUNT.—
(A) IN GENERAL.—The Tribe shall—
(i) establish an account for the principal amount
of the judgment funds; and
(ii) use those funds to establish a Permanent Fish-
eries Fund.
(B) USE
AND
INVESTMENT.—The principal amount
described in subparagraph (A)(i)—
(i) except as provided in subparagraph (A)(ii), shall
not be expended by the Tribe; and
(ii) shall be invested by the Tribe in accordance
with the investment policy of the Tribe.
(3) ACCOUNT FOR INVESTMENT INCOME.—
(A) IN GENERAL.—The Tribe shall establish an account
for, and deposit in the account, all investment income
earned on amounts in the Permanent Fisheries Fund estab-
lished under paragraph (2)(A)(ii) after the date of distribu-
tion of the funds to the Tribe under paragraph (1).
(B) USE OF FUNDS.—Funds deposited in the account
established under subparagraph (A) shall be available to
the Tribe—
(i) subject to subparagraph (C), to carry out fish-
eries enhancement projects; and
(ii) pay expenses incurred in administering the
Permanent Fisheries Fund established under para-
graph (2)(A)(ii).
(C) 
SPECIFICATION
OF
PROJECTS.—Each 
fisheries
enhancement project carried out under subparagraph (B)(i)
shall be specified in the approved annual budget of the
Tribe.
(4) ACCOUNT FOR INCOME ON JUDGMENT FUNDS.—
(A) IN GENERAL.—The Tribe shall establish an account
for, and deposit in the account, all investment income
earned on the judgment funds described in subsection (a)
during the period beginning on September 19, 1989, and
ending on the date of distribution of the funds to the
Tribe under paragraph (1).
(B) USE OF FUNDS.—
(i) IN GENERAL.—Subject to clause (ii), funds depos-
ited in the account established under subparagraph
(A) shall be available to the Tribe for use in carrying
out tribal government activities.
(ii) SPECIFICATION
OF
ACTIVITIES.—Each tribal
government activity carried out under clause (i) shall
be specified in the approved annual budget of the Tribe.
(b) DETERMINATION OF AMOUNT OF FUNDS AVAILABLE.—Subject
to compliance by the Tribe with paragraphs (3)(C) and (4)(B)(ii)
of subsection (a), the Quinault Business Committee, as the gov-
erning body of the Tribe, may determine the amount of funds
available for expenditure under paragraphs (3) and (4) of subsection
(a).
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PsN: 29194PT1
118 STAT. 552
PUBLIC LAW 108–204—MAR. 2, 2004
LEGISLATIVE HISTORY—S. 523:
HOUSE REPORTS: No. 108–374, Pt. 1 (Comm. on Resources).
SENATE REPORTS: No. 108–49 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
Vol. 149 (2003): July 30, considered and passed Senate.
Vol. 150 (2004): Feb. 11, considered and passed House.
(c) ANNUAL AUDIT.—The records and investment activities of
the 3 accounts established under subsection (a) shall—
(1) be maintained separately by the Tribe; and
(2) be subject to an annual audit.
(d) REPORTING
OF
INVESTMENT
ACTIVITIES
AND
EXPENDI-
TURES.—Not later than 120 days after the date on which each
fiscal year of the Tribe ends, the Tribe shall make available to
members of the Tribe a full accounting of the investment activities
and expenditures of the Tribe with respect to each fund established
under this section (which may be in the form of the annual audit
described in subsection (c)) for the fiscal year.
SEC. 302. CONDITIONS FOR DISTRIBUTION.
(a) UNITED STATES LIABILITY.—On disbursement to the Tribe
of the funds under section 301(a), the United States shall bear
no trust responsibility or liability for the investment, supervision,
administration, or expenditure of the funds.
(b) APPLICATION OF OTHER LAW.—All funds distributed under
this title shall be subject to section 7 of the Indian Tribal Judgment
Funds Use or Distribution Act (25 U.S.C. 1407).
Approved March 2, 2004.
Deadline.
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