Indian Financing Amendments Act of 2002
PL 107-331 (S.2017), enacted 12/13/2002

116 STAT. 2834 
PUBLIC LAW 107-331—DEC. 13, 2002 
Public Law 107-331 
107th Congress 
An Act 
Dec. 13, 2002 
To amend the Indian Financing Act of 1974 to improve the effectiveness of the 
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Indian loan guarantee and insurance program. 
Be it enacted by the Senate and House of Representatives of 
Indian Financing the United States of America in Congress assembled, 
Amendments Act 
of 2002. 
SECTION 1. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Table of contents. 
TITLE I—INDIAN FINANCING ACT AMENDMENTS 
Sec. 101. Short title. 
Sec. 102. Findings and purpose. 
Sec. 103. Amendments to Indian Financing Act. 
TITLE II—YANKTON SIOUX AND SANTEE SIOUX TRIBES EQUITABLE 
COMPENSATION 
Sec. 201. Short title. 
Sec. 202. Findings. 
Sec. 203. Definitions. 
Sec. 204. Yankton Sioux Tribe Development Trust Fund. 
Sec. 205. Santee Sioux Tribe Development Trust Fund. 
Sec. 206. Tribal plans. 
Sec. 207. Eligibility of tribe for certain programs and services. 
Sec. 208. Statutory construction. 
Sec. 209. Authorization of appropriations. 
Sec. 210. Extinguishment 01 claims. 
TITLE III—OKLAHOMA NATIVE AMERICAN CULTURAL CENTER AND 
MUSEUM 
Sec. 301. Oklahoma Native American Cultural Center and Museum. 
TITLE IV—TRANSMISSION OF POWER FROM INDIAN LANDS IN OKLAHOMA 
Sec. 401. Transmission of power from Indian lands in Oklahoma. 
TITLE V—PECHANGA TRIBE 
Sec. 501. Land of Pechanga Band of Luiseno Mission Indians. 
TITLE VI—CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS 
SETTLEMENT ACT 
Sec. 601. Short title. 
Sec. 602. Findings. 
Sec. 603. Purposes. 
Sec. 604. Definitions. 
Sec. 605. Settlement and claims; appropriations; allocation of funds. 
Sec. 606. Tribal trust funds. 
Sec. 607. Attorney fees. 
Sec. 608. Release of other tribal claims and filing of claims. 
Sec. 609. Effect on claims. 
TITLE VII—SEMINOLE TRIBE 
Sec. 701. Approval not required to validate certain land transactions. 
PUBLIC LAW 107-331—DEC. 13, 2002 
116 STAT. 2835 
TITLE VIII^JICARILLA APACHE RESERVATION RURAL WATER SYSTEM 
Sec. 801. Short title. 
Sec. 802. Purposes. 
Sec. 803. Definitions. 
Sec. 804. Jicarilla Apache Reservation rural water system. 
Sec. 805. General authority. 
. 
^ 
Sec. 806. Project requirements. 
Sec. 807. Authorization of appropriations. 
Sec. 808. Prohibition on use of funds for irrigation purposes. 
Sec. 809. Water rights. 
TITLE IX—ROCKY BOY'S RURAL WATER SYSTEM 
Sec. 901. Short title. 
Sec. 902. Findings and purposes. 
. 
Sec. 903. Definitions. 
Sec. 904. Rocky Boy's rural water system. 
Sec. 905. Noncore system. 
Sec. 906. Limitation on availability of construction funds. 
Sec. 907. Connection charges. 
Sec. 908. Authorization ofcontracts. 
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Sec. 909. Tiber Reservoir allocation to the Tribe. 
Sec. 910. Use of Pick-Sloan power. 
Sec. 911. Water conservation plan. 
Sec. 912. Water rights. 
Sec. 913. Chippewa Cree Water System Operation, Maintenance, and Replacement 
Trust Fund. 
Sec. 914. Authorization of appropriations. 
TITLE X—MISCELLANEOUS 
Sec. 1001. Santee Sioux Tribe, Nebraska, water system study. 
Sec. 1002. Yurok Tribe and Hopland Band included in long-term leasing. 
TITLE I—INDIAN FINANCING ACT 
AMENDMENTS 
SEC.lOl. SHORT TITLE. 
> 
25USC1451 
This Act may be cited as the "Indian Financing Amendments 
Act of 2002". 
SEC.102. FINDINGS AND PURPOSE. 
25 USC 1485 
(a) FINDINGS.—Congress finds that— 
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(1) the Indian Financing Act of 1974 (25 U.S.C. 1451 et 
seq.) was intended to provide Native American borrowers with 
access to commercial sources of capital that otherwise would 
not be available through the guarantee or insurance of loans 
by the Secretary of the Interior; 
(2) although the Secretary of the Interior has made loan 
guarantees and insurance available, use of those guarantees 
and that insurance by lenders to benefit Native American busi-
ness borrowers has been limited; 
(3) twenty-seven years after the date of enactment of the 
Indian Financing Act of 1974 (25 U.S.C. 1451 et seq.), the 
promotion and development of Native American-owned business 
remains an essential foundation for growth of economic and 
social stability of Native Americans; 
(4) use by commercial lenders of the available loan insur-
ance and guarantees may be limited by liquidity and other 
capital market-driven concerns; and 
(5) it is in the best interest of the insured and guaranteed 
loan program of the Department of the Interior— 
(A) to encourage the orderly development and expan-
sion of a secondary market for loans guaranteed or insured 
by the Secretary of the Interior; and 
116 STAT. 2836 
PUBLIC LAW 107-331—DEC. 13, 2002 
(B) to expand the number of lenders originating loans 
under the Indian Financing Act of 1974 (25 U.S.C. 1451 
et seq.). 
(b) PURPOSE.—The purpose of this Act is to reform and clarify 
the Indian Financing Act of 1974 (25 U.S.C. 1451 et seq.) in order 
to— 
(1) stimulate the use by lenders of secondary market inves-
tors for loans guaranteed or insured under a program adminis-
tered by the Secretary of the Interior; 
(2) preserve the authority of the Secretary to administer 
the program and regulate lenders; 
(3) clarify that a good faith investor in loans insured or 
guaranteed by the Secretary will receive appropriate pa3anents; 
(4) provide for the appointment by the Secretary of a quali-
fied fiscal transfer agent to establish and administer a system 
for the orderly transfer of those loans; and 
(5)(A) authorize the Secretary to promulgate regulations 
to encourage and expand a secondary market program for loans 
guaranteed or insured by the Secretary; and 
(B) allow the pooling of those loans as the secondary market 
develops. 
SEC. 103. AMENDMENTS TO INDIAN FINANCING ACT. 
(a) LIMITATION ON LOAN AMOUNTS WITHOUT PRIOR APPROVAL.— 
Section 204 of the Indian Financing Act of 1974 (25 U.S.C. 1484) 
is amended in the last sentence by striking "$100,000" and inserting 
"$250,000". 
(b) SALE OR ASSIGNMENT OF LOANS AND UNDERLYING SECU-
RITY.—Section 205 of the Indian Financing Act of 1974 (25 U.S.C. 
1485) is amended— 
(1) by striking "Any login guaranteed" and inserting the 
following: 
"(a) IN GENERAL.—^Any loan guaranteed or insured"; and 
(2) by adding at the end the following: 
"(b) INITIAL TRANSFERS.— 
"(1) IN GENERAL.—The lender of a loan guaranteed or 
insured under this title may transfer to any individual or 
legal entity— 
"(A) all rights and obligations of the lender in the 
loan or in the unguaranteed or uninsured portion of the 
loan; and 
"(B) any security given for the loan. 
"(2) 
ADDITIONAL 
REQUIREMENTS.—With 
respect 
to 
a 
transfer described in paragraph (1)— 
"(A) the transfer shall be consistent with such regula-
tions as the Secretary shall promulgate under subsection 
(i); and 
"(B) the lender shall give notice of the transfer to 
the Secretary. 
"(3) RESPONSIBILITIES OF TRANSFEREE.—On any transfer 
under paragraph (1), the transferee shall— 
"(A) be deemed to be the lender for the purpose of 
this title; 
"(B) become the secured party of record; and 
"(C) be responsible for— 
"(i) performing the duties of the lender; and 
PUBLIC LAW 107-331—DEC. 13, 2002 
116 STAT. 2837 
"(ii) servicing the loan in accordance with the 
terms of the guarantee by the Secretary of the loan. 
"(c) SECONDARY TRANSFERS.— 
"(1) IN GENERAL.—^Any transferee under subsection (b) of 
a loan guaranteed or insured under this title may transfer 
to any individual or legal entity— 
"(A) all rights and obligations of the transferee in 
the loan or in the unguaranteed or uninsured portion of 
' 
the login; and 
' 
"(B) any security given for the loan. 
"(2) 
ADDITIONAL 
REQUIREMENTS.—With 
respect 
to 
a 
transfer described in paragraph (1)— 
"(A) the transfer shall be consistent with such regula-
tions as the Secretary shall promulgate under subsection 
(i); and 
"(B) the transferor shall give notice of the transfer 
to the Secretary. 
"(3) ACKNOWLEDGMENT BY SECRETARY.—On receipt of a 
notice of a transfer under paragraph (2)(B), the Secretary shall 
issue to the transferee an acknowledgment by the Secretary 
of— 
• 
"(A) the transfer; and 
"(B) the interest of the transferee in the guaranteed 
or insured portion of the loan. 
"(4) RESPONSIBILITIES OF LENDER.—Notwithstanding any 
y 
transfer permitted by this subsection, the lender shall— 
"(A) remain obligated on the guarsmtee agreement or 
insurance agreement between the lender and the Secretary; 
"(B) continue to be responsible for servicing the loan 
in a manner consistent with that guarantee agreement 
or insurance agreement; and 
"(C) remain the secured creditor of record. 
"(d) FULL FAITH AND CREDIT.— 
"(1) IN GENERAL.—The full faith and credit of the United 
States is pledged to the payment of all loan guarantees and 
loan insurance made under this title after the date of enactment 
of this subsection. 
"(2) VALIDITY.— 
"(A) IN GENERAL.—Except as provided in subparagraph 
; , 
(B), the validity of a guarantee or insurance of a loan 
under this title shall be incontestable if the obligations 
of the guarantee or insurance held by a transferee have 
been acknowledged under subsection (c)(3). 
"(B) EXCEPTION FOR FRAUD OR MISREPRESENTATION.— 
Subparagraph (A) shall not apply in a case in which a 
transferee has actual knowledge of fraud or misrepresenta-
tion, or participates in or condones fraud or misrepresenta-
tion, in connection with a loan. 
"(e) DAMAGES.—Notwithstanding section 3302 of title 31, United 
States Code, the Secretary may recover from a lender of a loan 
under this title any damages suffered by the Secretary as a result 
of a material breach of the obligations of the lender with respect 
to a guarantee or insurance by the Secretary of the loan. 
"(f) FEES.—The Secretary may collect a fee for any loan or 
guaranteed or insured portion of a loan that is transferred in 
accordance with this section. 
116 STAT. 2838 
PUBLIC LAW 107-331—DEC. 13, 2002 
"(g) CENTRAL REGISTRATION OF LOANS.—On promulgation of 
final regulations under subsection (i), the Secretary shall— 
"(1) provide for a central registration of all guaranteed 
or insured loans transferred under this section; and 
"(2) enter into 1 or more contracts with a fiscal transfer 
agent— 
"(A) to act as the designee of the Secretary under 
this section; and 
"(B) to carry out on behalf of the Secretary the central 
registration and fiscal transfer 
agent functions, and 
issuance of acknowledgments, under this section. 
"(h) POOLING OF LOANS.— 
"(1) IN GENERAL.—Nothing in this title prohibits the pooling 
of whole loans or interests in loans transferred under this 
section. 
"(2) REGULATIONS.—In promulgating regulations under 
subsection (i), the Secretary may include such regulations to 
effect orderly and efficient pooling procedures as the Secretary 
determines to be necessary. 
Deadline. 
"(i) REGULATIONS.—Not later than 180 days after the date 
of enactment of this subsection, the Secretary shall develop such 
procedures and promulgate such regulations as are necessary to 
facilitate, administer, and promote transfers of loans and guaran-
teed and insured portions of loans under this section.". 
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TITLE II—YANKTON SIOUX AND SANTEE 
srouxTl!"^'" 
SIOUX 
TRIBES 
EQUITABLE 
COM-
cCen^ation 
P E N S A T I O N 
Act. 
SEC. 201. SHORT TITLE. 
This title may be cited as the "Yankton Sioux Tribe and Santee 
Sioux Tribe Equitable Compensation Act". 
SEC. 202. FINDINGS. 
Congress finds that— 
(1) by enacting the Act of December 22, 1944, commonly 
known as the "Flood Control Act of 1944" (58 Stat. 887, chapter 
665; 33 U.S.C. 701-1 et seq.) Congress approved the Pick-
Sloan Missouri River Basin program (referred to in this section 
as the "Pick-Sloan program")— 
(A) to promote the general economic development of 
the United States; 
(B) to provide for irrigation above Sioux City, Iowa; 
(C) to protect urban and rural areas from devastating 
floods of the Missouri River; and 
(D) for other purposes; 
(2) the waters impounded for the Fort Randall and Gavins 
Point projects of the Pick-Sloan program have inundated the 
fertile, wooded bottom lands along the Missouri River that 
constituted the most productive agricultural and pastoral lands 
of, and the homeland of, the members of the Yankton Sioux 
Tribe and the Santee Sioux Tribe; 
(3) the Fort Randall project (including the Fort Randall 
Dam and Reservoir) overlies the western boundary of the 
Yankton Sioux Tribe Indian Reservation; 
PUBLIC LAW 107-331—DEC. 13, 2002 
116 STAT. 2839 
(4) the Gavins Point project (including the Gavins Point 
Dam and Reservoir) overlies the eastern boundary of the Santee 
Sioux Tribe; 
(5) although the Fort Randsill and Gavins Point projects 
are major components of the Pick-Sloan program, and con-
tribute to the economy of the United States by generating 
a substantial amount of hydropower and impounding a substan-
tial quantity of water, the reservations of the Yankton Sioux 
Tribe and the Santee Sioux Tribe remain undeveloped; 
(6) the United States Army Corps of Engineers took the 
Indian lands used for the Fort Randall and Gavins Point 
projects by condemnation proceedings; 
(7) the Federal Government did not give the Yankton Sioux 
Tribe and the Santee Sioux Tribe an opportunity to receive 
compensation for direct damages from the Pick-Sloan program, 
even though the Federal Government gave 5 Indian reserva-
tions upstream from the reservations of those Indian tribes 
such an opportunity; 
(8) the Y£inkton Sioux Tribe and the Santee Sioux Tribe 
did not receive just compensation for the taking of productive 
agricultural Indian lands through the condemnation referred 
to in paragraph (6); 
(9) the settlement agreement that the United States 
entered into with the Yankton Sioux Tribe and the Santee 
Sioux Tribe to provide compensation for the taking by con-
demnation referred to in paragraph (6) did not take into account 
the increase in property values over the years between the 
date of taking and the date of settlement; and 
(10) in addition to the financial compensation provided 
under the settlement agreements referred to in paragraph (9)— 
(A) the Yankton Sioux Tribe should receive an aggre-
gate amount equal to $23,023,743 for the loss value of 
2,851.40 acres of Indian land taken for the Fort Randall 
^ -. 
Dam and Reservoir of the Pick-Sloan program; and 
(B) the Santee Sioux Tribe should receive an aggregate 
amount equal to $4,789,010 for the loss value of 593.10 
acres of Indian land located near the Santee village. 
SEC. 203. DEFINITIONS. 
In this title: 
(1) INDIAN TRIBE.—The term "Indian tribe" has the meaning 
given that term in section 4(e) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b(e)). 
(2) SANTEE SIOUX TRIBE.—The term "Santee Sioux Tribe" 
means the Santee Sioux Tribe of Nebraska. 
(3) YANKTON SIOUX TRIBE.—The term "Yankton Sioux 
Tribe" means the Yankton Sioiix Tribe of South Dakota. 
SEC. 204. YANKTON SIOUX TRIBE DEVELOPMENT TRUST FUND. 
(a) ESTABLISHMENT.—There is estabUshed in the Treasury of 
the United States a fund to be known as the "Yankton Sioux 
Tribe Development Trust Fund" (referred to in this section as 
the "Fund"). The Fund shall consist of any amounts deposited 
in the Fund under this title. 
(b) FUNDING.—On the first day of the 11th fiscal year that 
begins after the date of enactment of this Act, the Secretary of 
the Treasury shall, from the General Fund of the Treasury, deposit 
into the Fund established under subsection (a)— 
116 STAT. 2840 
PUBLIC LAW 107-331—DEC. 13, 2002 
(1) $23,023,743; and 
(2) an additional amount that equals the amount of interest 
that would have accrued on the amount described in paragraph 
(1) if such amount had been invested in interest-bearing obliga-
tions of the United States, or in obligations guaranteed as 
to both principal and interest by the United States, on the 
first day of the first fiscal year that begins after the date 
of enactment of this Act and compounded annually thereafter. 
(c) INVESTMENT OF TRUST FUND.—It shall be the duty of the 
Secretary of the Treasury to invest such portion of the Fund as 
is not, in the Secretary of the Treasury's judgment, required to 
meet current withdrawals. Such investments may be made only 
in interest-bearing obligations of the United States or in obligations 
guaranteed as to both principal and interest by the United States. 
The Secretary of the Treasury shall deposit interest resulting from 
such investments into the Fund. 
(d) PAYMENT OF INTEREST TO TRIBE.— 
(1) WITHDRAWAL OF INTEREST.—Beginning on the first day 
of the 11th fiscal year after the date of enactment of this 
Act and, on the first day of each fiscal year thereafter, the 
Secretary of the Treasury shall withdraw the aggregate amount 
of interest deposited into the Fund for that fiscal year and 
transfer that amount to the Secretary of the Interior for use 
in accordance with paragraph (2). Each amount so transferred 
shall be available without fiscal year limitation. 
(2) PAYMENTS TO YANKTON SIOUX TRIBE.— 
(A) IN GENERAL.—The Secretary of the Interior shall 
use the amounts transferred under paragraph (1) only for 
the purpose of making payments to the Yankton Sioux 
Tribe, as such payments are requested by that Indian 
tribe pursuant to tribal resolution. 
(B) LIMITATION.—Payments may be made by the Sec-
retary of the Interior under subparagraph (A) only after 
' 
the Yankton Sioux Tribe has adopted a tribal plan under 
' 
section 206. 
(C) USE OF PAYMENTS BY YANKTON SIOUX TRIBE.—The 
Yankton Sioux Tribe shall use the payments made under 
subparagraph (A) only for carrying out projects and pro-
grams under the tribal plan prepared under section 206. 
(e) TRANSFERS AND WITHDRAWALS.—Except as provided in sub-
sections (c) and (d)(1), the Secretary of the Treasury may not 
transfer or withdraw any amount deposited under subsection (b). 
SEC. 205. SANTEE SIOUX TRIBE DEVELOPMENT TRUST FUND. 
(a) ESTABLISHMENT.—There is established in the Treasury of 
the United States a fund to be known as the "Santee Sioux Tribe 
Development Trust Fund" (referred to in this section as the "Fund"). 
The Fund shall consist of any amounts deposited in the Fund 
under this title. 
(b) FUNDING.—On the first day of the 11th fiscal year that 
begins after the date of enactment of this Act, the Secretary of 
the Treasury shall, from the General Fund of the Treasury, deposit 
into the Fund established under subsection (a)— 
(1) $4,789,010; and 
(2) an additional amount that equals the amount of interest 
that would have accrued on the amount described in paragraph 
PUBLIC LAW 107-331—DEC. 13, 2002 
116 STAT. 2841 
(1) if such amount had been invested in interest-bearing obliga-
tions of the United States, or in obligations guaranteed as 
to both principal and interest by the United States, on the 
first day of the first fiscal year that begins after the date 
of enactment of this Act and compounded annually thereafter. 
(c) INVESTMENT OF TRUST FUND.—It shall be the duty of the 
Secretary of the Treasury to invest such portion of the Fund as 
is not, in the Secretary of the Treasury's judgment, required to 
meet current withdrawals. Such investments may be made only 
in interest-bearing obligations of the United States or in obligations 
guaranteed as to both principal and interest by the United States. 
The Secretary of the Treasury shall deposit interest resulting from 
such investments into the Fund. 
(d) PAYMENT OF INTEREST TO TRIBE.— 
(1) WITHDRAWAL OF INTEREST.—Beginning on the first day 
of the 11th fiscal year after the date of enactment of this 
Act and, on the first day of each fiscal year thereafter, the 
* 
Secretary of the Treasury shall withdraw the aggregate amount 
of interest deposited into the Fund for that fiscal year and 
transfer that amount to the Secretary of the Interior for use 
,, 
in accordance with paragraph (2). Each amount so transferred 
C 
shall be available without fiscal year limitation. 
(2) PAYMENTS TO SANTEE SIOUX TRIBE.— 
(A) IN GENERAL.—The Secretary of the Interior shall 
use the amounts transferred under paragraph (1) only for 
the purpose of making payments to the Santee Sioux Tribe, 
as such payments are requested by that Indian tribe pursu-
ant to tribal resolution. 
(B) LIMITATION.—Payments may be made by the Sec-
retary of the Interior under subparagraph (A) only after 
the Santee Sioux Tribe has adopted a tribal plan under 
section 206. 
(C) USE OF PAYMENTS BY SANTEE SIOUX TRIBE.—The 
Santee Sioux Tribe shall use the payments made under 
subparagraph (A) only for carrying out projects and pro-
grams under the tribal plan prepared under section 206. 
(e) TRANSFERS AND WITHDRAWALS.—Except as provided in sub-
sections (c) and (d)(1), the Secretary of the Treasury may not 
transfer or withdraw any amount deposited under subsection (b). 
SEC. 206. TRIBAL PLANS. 
(a) IN GENERAL.—Not later than 24 months after the date Deadline, 
of enactment of this Act, the tribal council of each of the Yankton 
Sioux and Santee Sioux Tribes shall prepare a plan for the use 
of the payments to the tribe under section 204(d) or 205(d) (referred 
to in this subsection as a "tribal plan"). 
(b) CONTENTS OF TRIBAL PLAN.—Each tribal plan shall provide 
for the manner in which the tribe covered under the tribal plan 
shall expend payments to the tribe under section 204(d) or 205(d) 
to promote— 
(1) economic development; 
(2) infrastructure development; 
(3) the educational, health, recreational, and social welfare 
objectives of the tribe and its members; or 
(4) any combination of the activities described in para-
graphs (1), (2), and (3). 
(c) TRIBAL PLAN REVIEW AND REVISION.— 
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116 STAT. 2842 
PUBLIC LAW 107-331—DEC. 13, 2002 
(1) IN GENERAL.—Each tribal council referred to in sub-
section (a) shall make available for review and comment by 
the members of the tribe a copy of the tribal plan for the 
Indian tribe before the tribal plan becomes final, in accordance 
with procedures established by the tribal council. 
(2) UPDATING OF TRIBAL PLAN.—Each tribal council referred 
to in subsection (a) may, on an annual basis, revise the tribal 
plan prepared by that tribal council to update the tribal plan. 
In revising the tribal plan under this paragraph, the tribal 
council shall provide the members of the tribe opportunity 
to review and comment on any proposed revision to the tribal 
plan. 
(3) CONSULTATION.—In preparing the tribal plsui and any 
revisions to update the plan, each tribal council shall consult 
with the Secretary of the Interior and the Secretary of Health 
and Human Services. 
(4) ANNUAL REPORTS.—Each tribe shall submit an annual 
report to the Secretary describing any expenditures of funds 
withdrawn by that tribe under this title. 
(d) PROHIBITION ON PER CAPITA PAYMENTS.—No portion of any 
payment made under this title may be distributed to any member 
of the Yankton Sioux Tribe or the Santee Sioux Tribe of Nebraska 
on a per capita basis. 
SEC. 207. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND SERV-
ICES. 
' (a) IN GENERAL.—No payment made to the Yankton Sioux 
Tribe or Santee Sioux Tribe pursuant to this title shall result 
in the reduction or denial of any service or program to which, 
pursuant to Federal law— 
(1) the Yankton Sioux Tribe or Santee Sioux Tribe is other-
wise entitled because of the status of the tribe as a federally 
recognized Indian tribe; or 
(2) any individual who is a member of a tribe under para-
graph (1) is entitled because of the status of the individual 
as a member of the tribe. 
(b) EXEMPTIONS FROM TAXATION.—NO payment made pursuant 
to this title shall be subject to any Federal or State income tax. 
(c) POWER RATES.—No payment made pursuant to this title 
shall affect Pick-Sloan Missouri River Basin power rates. 
SEC. 208. STATUTORY CONSTRUCTION. 
Nothing in this title may be construed as diminishing or 
affecting any water right of an Indian tribe, except as specifically 
provided in another provision of this title, any treaty right that 
is in effect on the date of enactment of this Act, or any authority 
of the Secretary of the Interior or the head of any other Federal 
agency under a law in effect on the date of enactment of this 
Act. 
SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this title, including such sums as may be 
necessary for the administration of the Yankton Sioux Tribe 
Development Trust Fund under section 204 and the Santee Sioux 
Tribe Development Trust Fund under section 205. 
PUBLIC LAW 107-331—DEC. 13, 2002 
116 STAT. 2843 
SEC. 210. EXTINGUISHMENT OF CLAIMS. 
Upon the deposit of funds under sections 204(b) and 205(b), 
all monetary claims that the Yankton Sioux Tribe or the Santee 
Sioux Tribe of Nebraska has or may have against the United 
States for loss of value or use of land related to lands described 
in section 202(a)(10) resulting from the Fort Randall and Gavins 
Point projects of the Pick-Sloan Missouri River Basin program 
shall be extinguished. 
TITLE III—OKLAHOMA NATIVE AMER-
ICAN CULTURAL CENTER AND MU-
SEUM 
SEC. 301. OKLAHOMA NATIVE AMERICAN CULTURAL CENTER AND 
MUSEUM. 
(a) FINDINGS.—Congress makes the following findings: 
(1) In order to promote better understanding between 
Indian and non-Indian citizens of the United States, and in 
light of the Federal Government's continuing trust responsibil-
T ities to Indian tribes, it is appropriate, desirable, and a proper 
function of the Federal Government to provide grants for the 
development of a museum designated to display the heritage 
and culture of Indian tribes. 
(2) In recognition of the unique status and history of Indian 
tribes in the State of Oklahoma and the role of the Federal 
Government in such history, it is appropriate and proper for 
the museum referred to in paragraph (1) to be located in 
the State of Oklahoma. 
' 
(b) GRANT.— 
(1) IN GENERAL.—The Secretary shall offer to award finan-
cial assistance equaling not more than $33,000,000 and tech-
nical assistance to the Authority to be used for the development 
and construction of a Native American Cultural Center and 
Museum in Oklahoma City, Oklahoma. 
(2) AGREEMENT.—To be eligible to receive a grant under 
paragraph (1), the appropriate official of the Authority shall— 
(A) enter into a grant agreement with the Secretary 
which shall specify the duties of the Authority under this 
section, including provisions for continual maintenance of 
the Center by the Authority without the use of Federal 
funds; and 
(B) demonstrate, to the satisfaction of the Secretary, 
that the Authority has raised, or has commitments from 
private persons or State or local government agencies for, 
an amount that is equal to not less than 66 percent of 
the cost to the Authority of the activities to be carried 
out under the grant. 
(3) LIMITATION.—The amount of any grant awarded under 
paragraph (1) shall not exceed 33 percent of the cost of the 
activities to be funded under the grant. 
(4) IN-KIND CONTRIBUTION.—When calculating the cost 
share of the Authority under this title, the Secretary shall 
reduce such cost share obligation by the fair market value 
of the approximately 300 acres of land donated by Oklahoma 
City for the Center, if ^uch land is used for the Center. 
116 STAT. 2844 
PUBLIC LAW 107-331—DEC. 13, 2002 
(c) DEFINITIONS.—For the purposes of this title: 
(1) AUTHORITY.—The term "Authority" means the Native 
American Cultural and Educational Authority of Oklahoma, 
an agency of the State of Oklahoma. 
(2) CENTER.—The term "Center" means the Native Amer-
ican Cultural Center and Museum authorized pursuant to this 
section. 
(3) SECRETARY.—The term "Secretary" means the Secretary 
of the Interior. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary to grant assistance under sub-
section (b)(1), $8,250,000 for each of fiscal years 2003 through 
2006. 
TITLE rV—TRANSMISSION OF POWER 
FROM INDIAN LANDS IN OKLAHOMA 
SEC. 401. TANSMISSION OF POWER FROM INDIAN LANDS IN OKLA-
HOMA, 
To the extent the Southwestern Power Administration makes 
transmission capacity available without replacing the present 
capacity of existing users of the Administration's transmission 
system, the Administrator of the Southwestern Power Administra-
tion shall take such actions as may be necessary, in accordance 
with all applicable Federal law, to make the transmission services 
of the Administration available for the transmission of electric 
power generated at facilities located on land within the jurisdic-
tional area of any Oklahoma Indian tribe (as determined by the 
Secretary of the Interior) recognized by the Secretary as eligible 
for trust land status under part 151 of title 25, Code of Federal 
Regulations. The owner or operator of the generation facilities con-
cerned shall reimburse the Administrator for all costs of such 
actions in accordance with standards applicable to pajnnent of such 
costs by other users of the Southwestern Power Administration 
transmission system. 
TITLE V—PECHANGA TRIBE 
SEC. 501. LAND OF PECHANGA BAND OF LUISENO MISSION INDIANS. 
(a) LIMITATION ON CONVEYANCE.—Land described in subsection 
(b) (or any interest in that land) shall not be voluntarily or involun-
tarily transferred or otherwise made available for condemnation 
until the date on which— 
(1)(A) the Secretary of the Interior renders a final decision 
on the fee to trust application pending on the date of the 
enactment of this title concerning the land; and 
(B) final decisions have been rendered regarding all appeals 
relating to that appUcation decision; or 
(2) the fee to trust application described in paragraph 
(1)(A) is withdrawn. 
(b) DESCRIPTION OF LAND.—The land referred to in subsection 
(a) is land located in Riverside County, California, that is held 
in fee by the Pechanga Band of Luiseno Mission Indians, as 
described in Document No. 211130 of the Office of the Recorder, 
Riverside County, California, and recorded on May 15, 2001. 
PUBLIC LAW 107-331—DEC. 13, 2002 
116 STAT. 2845 
(c) RULE OF CONSTRUCTION.—Nothing in this section des-
ignates, or shall be used to construe, any land described in sub-
section (b) (or any interest in that land) as an Indian reservation, 
Indian country, Indian land, or reservation land (as those terms 
are defined under any Federal law (including a regulation)) for 
any purpose under any Federal law. 
TITLE VI—CHEROKEE, CHOCTAW, AND C
h
e
r
o
k
e
e 
CHICKASAW NATIONS CLAIMS SET- chrSw"' 
TLEMENT ACT 
SmeSTt 
SEC. 601. SHORT TITLE. 
This title may be cited as the "Cherokee, Choctaw, and Chicka-
saw Nations Claims Settlement Act". 
SEC. 602. FDiJDINGS. 
The Congress finds the following: 
(1) It is the policy of the United States to promote tribal 
self-determination and economic self-sufficiency and to encour-
age the resolution of disputes over historical claims through 
mutually agreed-to settlements between Indian Nations and 
the United States. 
(2) There are pending before the United States Court of 
Federal Claims certain lawsuits against the United States 
brought by the Cherokee, Choctaw, and Chickasaw Nations 
seeking monetary damages for the alleged use and mismanage-
ment of tribal resources along the Arkansas River in eastern 
Oklahoma. 
(3) The Cherokee Nation, a federally recognized Indian 
tribe with its present tribal headquarters south of Tahlequah, 
Oklahoma, having adopted its most recent constitution on June 
26, 1976, and having entered into various treaties with the 
United States, including but not limited to the Treaty at Hope-
well, executed on November 28, 1785 (7 Stat. 18), and the 
Treaty at Washington, D.C., executed on July 19, 1866 (14 
Stat. 799), has maintained a continuous government-to-govern-
ment relationship with the United States since the earliest 
years of the Union. 
(4) The Choctaw Nation, a federally recognized Indian tribe 
with its present tribal headquarters in Durant, Oklahoma, 
having adopted its most recent constitution on July 9, 1983, 
and having entered into various treaties with the United States 
of America, including but not limited to the Treaty at Hopewell, 
executed on January 3, 1786 (7 Stat. 21), and the Treaty 
at Washington, D.C., executed on April 28, 1866 (7 Stat. 21), 
has maintained a continuous govemment-to-government rela-
tionship with the United States since the earliest years of 
the Union. 
(5) The Chickasaw Nation, a federally recognized Indian 
tribe with its present tribal headquarters in Ada, Oklahoma, 
having adopted its most recent constitution on August 27, 1983, 
and having entered into various treaties with the United States 
of America, including but not limited to the Treaty at Hopewell, 
executed on January 10, 1786 (7 Stat. 24), and the Treaty 
at Washington, D.C., executed on April 28, 1866 (7 Stat. 21), 
25 u s e 1779 
note. 
25 u s e 1779. 
99-194 O - 03 -14 : QL 3 Part 4 
116 STAT. 2846 
PUBLIC LAW 107-331—DEC. 13, 2002 
has maintained a continuous government-to-government rela-
tionship with the United States since the earhest years of 
the Union. 
(6) In the first half of the 19th century, the Cherokee, 
Choctaw, and Chickasaw Nations were forcibly removed from 
their homelands in the southeastern United States to lands 
west of the Mississippi in the Indian Territory that were ceded 
to them by the United States. From the "Three Forks" area 
near present day Muskogee, Oklahoma, downstream to the 
point of confluence with the Canadian River, the Arkansas 
River flowed entirely within the territory of the Cherokee 
Nation. From that point of confluence downstream to the 
Arkansas territorial line, the Arkansas River formed the 
boundary between the Cherokee Nation on the left side of 
the thread of the river and the Choctaw and Chickasaw Nations 
on the right. 
(7) Pursuant to the Act of April 30, 1906 (34 Stat. 137), 
tribal property not allotted to individuals or otherwise disposed 
of, including the bed and banks of the Arkansas River, passed 
to the United States in trust for the use and benefit of the 
respective Indian Nations in accordance with their respective 
interests therein. 
(8) For more than 60 years after Oklahoma statehood, 
the Bureau of Indian Affairs believed that Oklahoma owned 
the Riverbed from the Arkansas State line to Three Forks, 
and therefore took no action to protect the Indian Nations' 
Riverbed resources such as oil, gas, and Drybed Lands suitable 
for grazing and agriculture. 
(9) Third parties with property near the Arkansas River 
began to occupy the Indian Nations' Drybed Lands—lands that 
were under water at the time of statehood but that are now 
dry due to changes in the course of the river. 
(10) In 1966, the Indian Nations sued the State of Okla-
homa to recover their lands. In 1970, the Supreme Court of 
the United States decided in the case of Choctaw Nation vs. 
Oklahoma (396 U.S. 620), that the Indian Nations retained 
title to their respective portions of the Riverbed along the 
navigable reach of the river. 
(11) In 1987, the Supreme Court of the United States 
in the case of United States vs. Cherokee Nation (480 U.S. 
700) decided that the riverbed lands did not gain an exemption 
from the Federal Government's navigational servitude and that 
the Cherokee Nation had no right to compensation for damage 
to its interest by exercise of the Government's servitude. 
(12) In 1989, the Indian Nations filed lawsuits against 
the United States in the United States Court of Federal Claims 
(Case Nos. 218-89L and 630-89L), seeking damages for the 
United States' use and mismanagement of tribal trust resources 
along the Arkansas River. Those actions are still pending. 
(13) In 1997, the United States filed quiet title litigation 
against individuals occupjdng some of the Indian Nations' 
Drybed Lands. That action, filed in the United States District 
Court for the Eastern District of Oklahoma, was dismissed 
without prejudice on technical grounds. 
(14) Much of the Indian Nations' Drybed Lands have been 
occupied by a large number of adjacent landowners in Okla-
homa. Without Federal legislation, further litigation against 
PUBLIC LAW 107-331—DEC. 13, 2002 
116 STAT. 2847 
thousands of such landowners would be likely and any final 
resolution of disputes would take many years and entail great 
expense to the United States, the Indian Nations, and the 
individuals and entities occupying the Drybed Lands and would 
seriously impair long-term economic planning and development 
for all parties. 
(15) The Councils of the Cherokee and Choctaw Nations 
and the Legislature of the Chickasaw Nation have each enacted 
tribal resolutions which would, contingent upon the passage 
of this title and the satisfaction of its terms and in exchange 
for the moneys appropriated hereunder— 
(A) settle and forever release their respective claims 
against the United States asserted by them in United 
States Court of Federal Claims Case Nos. 218-89L and 
630-89L; and 
(B) forever disclaim any and all right, title, and interest 
in and to the Disclaimed Drybed Lands, as set forth in 
those enactments of the respective councils of the Indian 
Nations. 
(16) The resolutions adopted by the respective Councils 
of the Cherokee, Choctaw, and Chickasaw Nations each provide 
that, contingent upon the passage of the settlement legislation 
and satisfaction of its terms, each Indian Nation agrees to 
dismiss, release, and forever discharge its claims asserted 
against the United States in the United States Court of Federal 
Claims, Case Nos. 218-89L and 630-89L, and to forever dis-
claim any right, title, or interest of the Indian Nation in the 
Disclaimed Drybed Lands, in exchange for the funds appro-
priated and allocated to the Indian Nation under the provisions 
of the settlement legislation, which funds the Indian Nation 
agrees to accept in full satisfaction and settlement of all claims 
against the United States for the damages sought in the afore-
mentioned claims asserted in the United States Court of Fed-
eral Claims, and as full and fair compensation for disclaiming 
its right, title, and interest in the Disclaimed Drybed Lands. 
(17) In those resolutions, each Indian Nation expressly 
reserved all of its beneficial interest and title to all other 
Riverbed lands, including minerals, as determined by the 
Supreme Court in Choctaw Nation v. Oklahoma, 397 U.S. 620 
(1970), and further reserved any and all right, title, or interest 
that each Nation may have in and to the water flowing in 
the Arkansas River and its tributaries. 
SEC. 603. PURPOSES. 
The purposes of this title are to resolve all claims that have 
been or could have been brought by the Cherokee, Choctaw, and 
Chickasaw Nations against the United States, and to confirm that 
the Indian Nations are forever disclaiming any right, title, or 
interest in the Disclaimed Drybed Lands, which are contiguous 
to the channel of the Arkansas River as of the date of the enactment 
of this title in certain townships in eastern Oklahoma. 
SEC. 604. DEFINITIONS. 
For the purposes of this title, the following definitions apply: 
(1) DISCLAIMED DRYBED LANDS.—The term "Disclaimed 
Drybed Lands" means all Drybed Lands along the Arkansas 
River that are located in Township 10 North in Range 24 
East, Townships 9 and 10 North in Range 25 East, Township 
25 u s e 1779a. 
25 u s e 1779b. 
116 STAT. 2848 
PUBLIC LAW 107-331—DEC. 13, 2002 
25 u s e 1779c. 
10 North in Range 26 East, and Townships 10 and 11 North 
in Range 27 East, in the State of Oklahoma. 
(2) DRYBED LANDS.—The term "Drybed Lands" means those 
lands which, on the date of enactment of this title, lie above 
and contiguous to the mean high water mark of the Arkansas 
River in the State of Oklahoma. The term "Drybed Lands" 
is intended to have the same meaning as the term "Upland 
Claim Area" as used by the Bureau of Land Management 
Cadastral Survey Geographic Team in its preliminary survey 
of the Arkansas River. The term "Drybed Lands" includes any 
lands so identified in the "Holway study." 
(3) INDIAN NATION; INDIAN NATIONS.—The term "Indian 
Nation" means the Cherokee Nation, Choctaw Nation, or 
Chickasaw Nation, and the term "Indian Nations" means all 
3 tribes collectively. 
(4) RIVERBED.—The term "Riverbed" means the Drybed 
Lands and the Wetbed Lands and includes all minerals therein. 
(5) SECRETARY.—The term "Secretary" means the Secretary 
of the Interior. 
(6) WETBED LANDS.—The term "Wetbed Lands" means 
those Riverbed lands which lie below the mean high water 
mark of the Arkansas River in the State of Oklahoma as 
of the date of the enactment of this title, exclusive of the 
Drybed Lands. The term "Wetbed Lands" is intended to have 
the same meaning as the term "Present Channel Claim Areas" 
as utilized by the Bureau of Land Management Cadastral 
Survey Geographic Team in its preliminary survey of the 
Arkansas River. 
SEC. 605. SETTLEMENT AND CLAIMS; APPROPRIATIONS; ALLOCATION 
OF FUNDS. 
(a) EXTINGUISHMENT OF CLAIMS.—Pursuant to their respective 
tribal resolutions, and in exchange for the benefits conferred under 
this title, the Indian Nations shall, on the date of enactment of 
this title, enter into a consent decree with the United States that 
waives, releases, and dismisses all the claims they have asserted 
or could have asserted in their cases numbered 218-89L and 630-
89L pending in the United States Court of Federal Claims against 
the United States, including but not limited to claims arising out 
of any and all of the Indian Nations' interests in the Disclaimed 
Drybed Lands and arising out of construction, maintenance and 
operation of the McClellan-Kerr Navigation Way. The Indian 
Nations and the United States shall lodge the consent decree with 
the Court of Federal Claims within 30 days of the enactment 
of this title, and shall move for entry of the consent decree at 
such time as all appropriations by Congress pursuant to the 
authority of this title have been made and deposited into the 
appropriate tribal trust fund account of the Indian Nations as 
described in section 606. Upon entry of the consent decree, all 
the Indian Nations' claims and all their past, present, and future 
right, title, and interest to the Disclaimed Drybed Lands, shall 
be deemed extinguished. No claims may be asserted in the future 
against the United States pursuant to sections 1491, 1346(a)(2), 
or 1505 of title 28, United States Code, for actions taken or failed 
to have been taken by the United States for events occurring 
prior to the date of the extinguishment of claims with respect 
to the Riverbed. 
PUBLIC LAW 107-331—DEC. 13, 2002 
116 STAT. 2849 
(b) RELEASE OF TRIBAL CLAIMS TO CERTAIN DRYBED LANDS.— 
(1) IN GENERAL.—Upon the deposit of Eill funds authorized 
for appropriation under subsection (c) for an Indian Nation 
into the appropriate trust fund account described in section 
606— 
(A) all claims now existing or which may arise in 
the future with respect to the Disclaimed Drybed Lands 
and all right, title, and interest that the Indian Nations 
and the United States as trustee on behalf of the Indian 
Nation may have to the Disclaimed Drybed Lands, shall 
be deemed extinguished; 
(B) any interest of the Indian Nations or the United 
States as trustee on their behalf in the Disclaimed Drybed 
Lands shall further be extinguished pursuant to the Trade 
and Intercourse Act of 1790, Act of July 22, 1790 (ch. 
33, 1 Stat. 137), and all subsequent amendments thereto 
(as codified at 25 U.S.C. 177); 
(C) to the extent parties other than the Indian Nations 
have transferred interests in the Disclaimed Drybed Lands 
in violation of the Trade and Intercourse Act, Congress 
does hereby approve and ratify such transfers of interests 
in the Disclaimed Drybed Lands to the extent that such 
transfers otherwise are valid under law; and 
(D) the Secretary is authorized to execute an appro-
priate document citing this title, suitable for filing with 
the county clerks, or such other county official as appro-
priate, of those counties wherein the foregoing described 
lands are located, disclaiming any tribal or Federal interest 
on behalf of the Indian Nations in such Disclaimed Drybed 
Lands. The Secretary is authorized to file with the counties 
a plat or map of the disclaimed lands should the Secretary 
determine that such filing will clarify the extent of lands 
disclaimed. Such a plat or map may be filed regardless 
of whether the map or plat has been previously approved 
for filing, whether or not the map or plat has been filed, 
and regardless of whether the map or plat constitutes 
a final determination by the Secretary of the extent of 
the Indian Nations' original claii);i to the Disclaimed Drybed 
Lands. The disclaimer filed by the United States shall 
constitute a disclaimer of the Disclaimed Drybed Lands 
for purposes of the Trade and Intercourse Act (25 U.S.C. 
177). 
(2) SPECIAL PROVISIONS.—Notwithstanding any provision 
of this title— 
(A) the Indian Nations do not relinquish any right, 
title, or interest in any lands which constitute the Wetbed 
Lands subject to the navigational servitude exercised by 
the United States on the Wetbed Lands. By virtue of the 
exercise of the navigational servitude, the United States 
shall not be liable to the Indian Nations for any loss 
they may have related to the minerals in the Wetbed 
Lands; 
(B) no provision of this title shall be construed to 
extinguish or convey any water rights of the Indian Nations 
in the Arkansas River or any other stream or the beneficial 
interests or title of any of the Indian Nations in and to 
lands held in trust by the United States on the date of 
116 STAT. 2850 
PUBLIC LAW 107-331—DEC. 13, 2002 
enactment of this title which he above or below, the mean 
high water mark of the Arkansas River, except for the 
Disclaimed Drybed Lands; and 
(C) the Indian Nations do not relinquish any right, 
title, or interest in any lands or minerals of certain 
unallotted tracts which are identified in the official records 
of the Eastern Oklahoma Regional Office, Bureau of Indian 
Affairs. The disclaimer to be filed by the Secretary of 
the Interior under section 605(b)(1) of this title shall reflect 
the legal description of the unallotted tracts retained by 
the Nations. 
(3) SETOFF.—In the event the Court of Federal Claims 
does not enter the consent decree as set forth in subsection 
(a), the United States shall be entitled to setoff against any 
claims of the Indian Nations as set forth in subsection (a), 
any funds transferred to the Indian Nations pursuant to section 
606, and any interest accrued thereon up to the date of setoff. 
(4) 
QUIET 
TITLE ACTIONS.—Notwithstanding any 
other 
provision of law, neither the United States nor any department 
of the United States nor the Indian Nations shall be made 
parties to any quiet title lawsuit or other lawsuit to determine 
ownership of or an interest in the Disclaimed Drybed Lands 
initiated by any private person or private entity after execution 
of the disclaimer set out in section 605(b)(1). The United States 
will have no obligation to undertake any future quiet title 
actions or actions for the recovery of lands or funds relating 
to any Drybed Lands retained by the Indian Nation or Indian 
Nations under this title, including any lands which are Wetbed 
Lands on the date of enactment of this title, but which subse-
quently lie above the mean high water mark of the Arkansas 
River and the failure or declination to initiate any quiet title 
action or to manage any such Drybed Lands shall not constitute 
a breach of trust by the United States or be compensable 
to the Indian Nation or Indian Nations in any manner. 
(5) LAND TO BE CONVEYED IN FEE.—TO the extent that 
the United States determines that it is able to effectively main-
tain the McClellan-Kerr Navigation Way without retaining title 
to lands above the high water mark of the Arkansas River 
as of the date of enactment of this title, said lands, after 
being declared surplus, shall be conveyed in fee to the Indian 
Nation within whose boundary the land is located. The United 
States shall not be obligated to accept such property in trust. 
(c) AUTHORIZATION FOR SETTLEMENT APPROPRIATIONS.—There 
is authorized to be appropriated an aggregate sum of $40,000,000 
as follows: 
(1) $10,000,000 for fiscal year 2004. 
(2) $10,000,000 for fiscal year 2005. 
(3) $10,000,000 for fiscal year 2006. 
(4) $10,000,000 for fiscal year 2007. 
(d) ALLOCATION AND DEPOSIT OF FUNDS.—After payment pursu-
ant to section 607, the remaining funds authorized for appropriation 
under subsection (c) shall be allocated among the Indian Nations 
as follows: 
(1) 50 percent to be deposited into the trust fund account 
established under section 606 for the Cherokee Nation. 
(2) 37.5 percent to be deposited into the trust fund account 
established under section 606 for the Choctaw Nation. 
PUBLIC LAW 107-331—DEC. 13, 2002 
116 STAT. 2851 
(3) 12.5 percent to be deposited into the trust fund account 
established under section 606 for the Chickasaw Nation. 
SEC. 606. TRffiAL TRUST FUNDS. 
25 USC 1779d. 
(a) ESTABLISHMENT, PURPOSE, AND MANAGEMENT OF TRUST 
FUNDS.— 
(1) ESTABLISHMENT.—There are hereby estabhshed in the 
United States Treasury 3 separate tribal trust fund accounts 
for the benefit of each of the Indian Nations, respectively, 
for the purpose of receiving all appropriations made pursuant 
to section 605(c), and allocated pursuant to section 605(d). 
(2) AVAILABILITY OF AMOUNTS IN TRUST FUND ACCOUNTS.— 
Amounts in the tribal trust fund accounts established by this 
section shall be available to the Secretary for management 
and investment on behalf of the Indian Nations and distribution 
to the Indian Nations in accordsince with this title. Funds 
made available fi*om the tribal trust funds under this section 
shall be available without fiscal year Umitation. 
(b) MANAGEMENT OF FUNDS.— 
(1) LAND ACQUISITION.— 
(A) TRUST LAND STATUS PURSUANT TO REGULATIONS.— 
The funds appropriated and allocated to the Indian Nations 
pursuant to sections 205 (c) and (d), and deposited into 
trust fund accounts pursuant to section 606(a), together 
with any interest earned thereon, may be used for the 
acquisition of land by the Indian Nations. The Secretary 
may accept such lands into trust for the beneficiary Indian 
Nation pursuant to the authority provided in section 5 
of the Act of Jime 18, 1934 (25 U.S.C. 465) and in accord-
ance with the Secretary's trust land acquisition regulations 
at part 151 of title 25, Code of Federal Regulations, in 
effect at the time of the acquisition, except for those acquisi-
tions covered by paragraph (1)(B). 
(B) REQUIRED TRUST LAND STATUS.—Any such trust 
land acquisitions on behalf of the Cherokee Nation shall 
be mandatory if the land proposed to be acquired is located 
within Township 12 North, Range 21 East, in Sequoyah 
County, Township 11 North, Range 18 East, in Mcintosh 
County, Townships 11 and 12 North, Range 19 East, or 
Township 12 North, Range 20 East, in Muskogee County, 
Oklahoma, and not within the limits of any incorporated 
municipality as of January 1, 2002, if— 
(i) the land proposed to be acquired meets the 
Department of the Interior's minimum environmental 
standards and requirements for real estate acquisitions 
set forth in 602 DM 2.6, or any similar successor 
standards or requirements for real estate acquisitions 
in effect on the date of acquisition; and 
(ii) the title to such land meets applicable Federal 
title standards in effect on the date of the acquisition. 
(C) 
OTHER 
EXPENDITURE 
OF FUNDS.—The 
Indian 
Nations may elect to expend all or a portion of the funds 
deposited into its trust account for any other purposes 
authorized luider paragraph (2). 
(2) INVESTMENT OF TRUST FUNDS; NO PER CAPITA PAY-
MENT.— 
116 STAT. 2852 
PUBLIC LAW 107-331—DEC. 13, 2002 
25 use 1779e. 
25 use 1779f. 
(A) No PER CAPITA PAYMENTS.—No money received by 
the Indian Nations hereunder may be used for any per 
capita payment. 
(B) INVESTMENT BY SECRETARY.—Except as provided 
in this section and section 607, the principal of such funds 
deposited into the accounts estabHshed hereunder and any 
interest earned thereon shall be invested by the Secretary 
in accordance with current laws and regulations for the 
investing of tribal trust funds. 
(C) USE OF PRINCIPAL FUNDS.—The principal amounts 
of said funds and any amounts earned thereon shall be 
made available to the Indian Nation for which the account 
was established for expenditure for purposes which may 
include construction or repair of health care facilities, law 
enforcement, cultural or other educational activities, eco-
nomic development, social services, and land acquisition. 
Land acquisition using such funds shall be subject to the 
provisions of subsections (b) and (d). 
(3) DISBURSEMENT OF FUNDS.—The Secretary shall disburse 
the funds from a trust account established under this section 
pursuant to a budget adopted by the Council or Legislature 
of the Indian Nation setting forth the amount and an intended 
use of such funds. 
(4) ADDITIONAL RESTRICTION ON USE OF FUNDS.—None of 
the funds made available under this title niay be allocated 
or otherwise assigned to authorized purposes of the Arkansas 
River Multipurpose Project as authorized by the River and 
Harbor Act of 1946, as amended by the Flood Control Act 
of 1948 and the Flood Control Act of 1950. 
SEC. 607. ATTORNEY FEES. 
(a) PAYMENT.—At the time the funds are paid to the Indian 
Nations, from funds authorized to be appropriated pursuant to 
section 605(c), the Secretary shall pay to the Indian Nations' attor-
neys those fees provided for in the individual tribal attorney fee 
contracts as approved by the respective Indian Nations. 
(b) LIMITATIONS.—Notwithstanding subsection (a), the total fees 
payable to attorneys under such contracts with an Indian Nation 
shall not exceed 10 percent of that Indian Nation's allocation of 
funds appropriated under section 605(c). 
SEC. 608, RELEASE OF OTHER TRIBAL CLAIMS AND FILING OF CLAIMS. 
(a) EXTINGUISHMENT OF OTHER TRIBAL CLAIMS.— 
(1) IN GENERAL.—As of the date of enactment of this title— 
(A) all right, title, and interest of any Indian nation 
or tribe other than any Indian Nation defined in section 
604 (referred to in this section and section 609 as a "claim-
ant tribe") in or to the Disclaimed Drybed Lands, and 
any such right, title, or interest held by the United States 
on behalf of such a claimant tribe, shall be considered 
to be extinguished in accordance with section 177 of title 
25, United States Code (section 2116 of the Revised Stat-
utes); 
(B) if any party other than a claimant tribe holds 
transferred interests in or to the Disclaimed Drybed Lands 
in violation of section 177 of title 25, United States Code 
(section 2116 of the Revised Statutes), Congress approves 
and ratifies those transfers of interests to the extent that 
PUBLIC LAW 107-331—DEC. 13, 2002 
116 STAT. 2853 
the transfers are in accordance with other appHcable law; 
and 
(C) the documents described in section 605(b)(1)(D) 
shall serve to identify the geographic scope of the interests 
extinguished by subparagraph (A). 
(2) QUIET TITLE ACTIONS.— 
(A) IN GENERAL.—Notwithstanding any other provision 
of law, after the date of enactment of this title, neither 
the United States (or any department or agency of the 
United States) nor £iny Indian Nation shall be included 
as a party to any civil action brought by any private person 
or private entity to quiet title to, or determine ownership 
of an interest in or to, the Disclaimed Drybed Lands. 
(B) FUTURE ACTIONS.—As of the date of enactment 
of this title, the United States shall have no obligation 
to bring any civil action to quiet title to, or to recover 
any land or funds relating to, the Drybed Lands (including 
any lands that are Wetbed Lands as of the date of enact-
ment of this title but that are located at any time after 
that date above the mean high water mark of the Arkansas 
River). 
(C) No BREACH OF TRUST.—The failure or declination 
by the United States to initiate any civil action to quiet 
title to or manage any Drybed Lands under this paragraph 
shall not— 
(i) constitute a breach of trust by the United 
States; or 
(ii) be compensable to a claimant tribe in any 
manner. 
(b) CLAIMS OF OTHER INDIAN TRIBES.— 
(1) LIMITED PERIOD FOR FILING CLAIMS.— 
(A) IN GENERAL.—Not later than 180 days after the Deadline, 
date of enactment of this title, any claimant tribe that 
claims that any title, interest, or entitlement held by the 
claimant tribe has been extinguished by operation of section 
605(a) or section 608(a) may file a claim against the United 
States relating to the extinguishment in the United States 
Court of Federal Claims. 
(B) FAILURE TO FILE.—After the date described in 
subparagraph (A), a claimant tribe described in that 
subparagraph shall be barred from filing any claim 
described in that subparagraph. 
(2) SPECIAL HOLDING ACCOUNT.— 
(A) ESTABLISHMENT.—There is established in the 
Treasury, in addition to the accounts established by section 
606(a), an interest-bearing special holding account for the 
benefit of the Indian Nations. 
(B) DEPOSITS.—Notwithstanding any other provision 
of this title or any other law, of any funds that would 
otherwise be deposited in a tribal trust account established 
by section 606(a), 10 percent shall— 
(i) be deposited in the special holding account 
established by subparagraph (A); and 
(ii) be held in that account for distribution under 
paragraph (3). 
(3) DISTRIBUTION OF FUNDS.— 
116 STAT. 2854 
PUBLIC LAW 107-331—DEC. 13, 2002 
(A) IN GENERAL.—Funds deposited in the special 
holding account established by paragraph (2)(A) shall be 
distributed in accordance with subparagraphs (B) through 
(D). 
(B) CLAIM FILED.—If a claim under paragraph (1)(A) 
is filed by the deadline specified in that paragraph, on 
final adjudication of that claim— 
(i) if the final judgment awards to a claimant 
an amount that does not exceed the amount of funds 
in the special holding account under paragraph (2) 
attributable to the Indian Nation from the allocation 
of which under section 605(d) the funds in the special 
holding account are derived— 
(I) that amount shall be distributed from the 
special holding account to the claimant tribe that 
filed the claim; and 
(II) any remaining amount in the special 
holding account attributable to the claim shall be 
transferred to the appropriate tribal trust account 
for the Indian Nation established by section 606(a); 
and 
(ii) if the final judgment awards to a claimant 
an amount that exceeds the amount of funds in the 
special holding account attributable to the Indian 
Nation from the allocation of which under section 
605(d) the funds in the special holding account are 
derived— 
(I) the balance of funds in the special holding 
account attributable to the Indian Nation shall 
be distributed to the claimant tribe that filed the 
claim; and 
(II) payment of the remainder of the judgment 
amount awarded to the claimant tribe shall be 
made from the permanent judgment appropriation 
established pursuant to section 1304 of title 31, 
United States Code. 
(C) No CLAIMS FILED.—If no claims under paragraph 
(1)(A) are filed by the deadline 
specified in that 
paragraph— 
(i) any funds held in the special holding account 
under paragraph (2) and attributed to that Indian 
Nation shall be deposited in the appropriate tribal 
trust account established by section 6(a); and 
(ii) after the date that is 180 days after the date 
of enactment of this title, paragraph (2)(B) shall not 
apply to appropriations attributed to that Indian 
Nation. 
(c) DECLARATION WITH RESPECT TO SCOPE OF RIGHTS, TITLE, 
AND INTERESTS.—Congi-ess declares that— 
(1) subsection (b) is intended only to establish a process 
by which alleged claims may be resolved; and 
(2) nothing in this section acknowledges, enhances, or 
establishes any prior right, title, or interest of any claimant 
tribe in or to the Arkansas Riverbed. 
PUBLIC LAW 107-331—DEC. 13, 2002 
116 STAT. 2855 
SEC. 609, EFFECT ON CLAIMS. 
This title shall not be construed to resolve any right, title, 
or interest of any Indian nation or of any claimant tribe, except 
their past, present, or future claims relating to right, title, or 
interest in or to the Riverbed and the obligations and liabilities 
of the United States thereto. 
TITLE VII—SEMINOLE TRIBE 
25 u s e 1779g. 
SEC. 701. APPROVAL NOT REQUIRED TO VALIDATE CERTAIN LAND 
TRANSACTIONS. 
(a) TRANSACTIONS.—The Seminole Tribe of Florida may mort-
gage, lease, sell, convey, warrant, or otherwise transfer all or any 
part of any interest in any real property that— 
(1) was held by the Tribe on September 1, 2002; and 
(2) is not held in trust by the United States for the benefit 
of the Tribe. 
(b) No FURTHER APPROVAL REQUIRED.—Transactions under 
subsection (a) shall be valid without further approval, ratification, 
or authorization by the United States. 
(c) TRUST LAND NOT AFFECTED.—Nothing in this section is 
intended or shall be construed to— 
(1) authorize the Seminole Tribe of Florida to mortgage, 
lease, sell, convey, warrant, or otherwise transfer all or any 
part of an interest in any real property that is held in trust 
by the United States for the benefit of the Tribe; or 
(2) affect the operation of any law governing mortgaging, 
leasing, selling, conve3dng, warranting, or otherwise transfer-
ring any interest in such trust land. 
TITLE VIII—JICARILLA APACHE 
RESERVATION RURAL WATER SYSTEM 
SEC. 801. SHORT TITLE. 
This title may be cited as the "Jicarilla Apache Reservation 
Rural Water System Act". 
SEC. 802. PURPOSES. 
The purposes of this title are as follows: 
(1) To ensure a safe and adequate rural, municipal, and 
water supply and wastewater systems for the residents of the 
Jicarilla Apache Reservation in the State of New Mexico in 
accordance with Public Law 106-243. 
(2) To authorize the Secretary of the Interior, through 
the Bureau of Reclamation, in consultation and collaboration 
with the Jicarilla Apache Nation— 
(A) to plan, design, and construct the water supply, 
delivery, and wastewater collection systems on the Jicarilla 
Apache Reservation in the State of New Mexico; and 
(B) to include service connections to facilities within 
the town of Dulce and the surrounding area, and to individ-
uals as part of the construction. 
(3) To require the Secretary, at the request of the Jicarilla 
Apache Nation, to enter into a self-determination contract with 
the Jicarilla Apache Nation under title I of the Indian Self-
Jicarilla Apache 
Reservation 
Rural Water 
System Act. 
New Mexico. 
116 STAT. 2856 
PUBLIC LAW 107-331—DEC. 13, 2002 
Determination and Education Assistance Act (25 U.S.C. 450f 
et seq.) under which— 
(A) the Jicarilla Apache Nation shall plan, design, and 
construct the water supply, delivery, and wastewater collec-
tion systems, including service connections to communities 
and individuals; and 
(B) the Bureau of Reclamation shall provide technical 
assistance and oversight responsibility for such project. 
(4) To establish a process in which the Jicarilla Apache 
Nation shall assume title and responsibility for the ownership, 
operation, maintenance, and replacement of the system. 
SEC. 803. DEFINITIONS. 
As used in this title: 
(1) BIA.—The term "BIA" means the Bureau of Indian 
Affairs, an agency within the Department of the Interior. 
(2) IRRIGATION.—The term "irrigation" means the commer-
cial application of water to land for the purpose of establishing 
or maintaining commercial agriculture in order to produce field 
crops and vegetables for sale. 
(3) RECLAMATION.—The term "Reclamation" means the 
Bureau of Reclamation, an agency within the Department of 
the Interior. 
(4) REPORT.—The term "Report" means the report entitled 
"Planning 
Report/Environmental 
Assessment, 
Water 
and 
Wastewater Improvements, Jicarilla Apache Nation, Dulce, 
New Mexico", dated September 2001, which was completed 
pursuant to Public Law 106-243. 
(5) RESERVATION.—The term "Reservation" means the 
Jicarilla Apache Reservation in the State of New Mexico, 
including all lands and interests in land that are held in 
trust by the United States for the Tribe. 
(6) RURAL WATER SUPPLY PROJECT.—The term "Rural Water 
Supply Project" means a municipal, domestic, rural, and indus-
trial water supply and wastewater facility area and project 
identified to serve a group of towns, communities, cities, tribal 
reservations, or dispersed farmsteads with access to clean, safe 
domestic and industrial wate'r, to include the use of livestock. 
(7) STATE.—The term "State" means the State of New 
Mexico. 
(8) SECRETARY.—The term "Secretary" means the Secretary 
of the Interior, acting through the Bureau of Reclamation. 
(9) TRIBE.—The term "Tribe" means the Jicarilla Apache 
Nation. 
SEC. 804. JICARILLA APACHE RESERVATION RURAL WATER SYSTEM. 
(a) 
CONSTRUCTION.—The 
Secretary, 
in 
consultation 
and 
collaboration with the Tribe, shall plan, design, and construct the 
Rural Water Supply Project to improve the water supply, delivery, 
and wastewater facilities to the town of Dulce, New Mexico, and 
surrounding communities for the purpose of providing the benefits 
of clean, safe, and reliable water supply, delivery, and wastewater 
facilities. 
(b) SCOPE OF PROJECT.—The Rural Water Supply Project shall 
consist of the following: 
(1) Facilities to provide water supply, delivery, and waste-
water services for the community of Dulce, the Mundo Ranch 
Development, and surrounding areas on the Reservation. 
PUBLIC LAW 107-331—DEC. 13, 2002 
116 STAT. 2857 
(2) Pumping and treatment facilities located on the Res-
ervation. 
(3) Distribution, collection, and treatment facilities to serve 
the needs of the Reservation, including, but not limited to, 
construction, replacement, improvement, and repair of existing 
water and wastewater systems, including systems owned by 
individual tribal members and other residents on the Reserva-
tion. 
(4) Appurtenant buildings and access roads. 
(5) Necessary property and property rights. 
(6) Such other electrical power transmission and distribu-
tion facilities, pipelines, pumping plants, and facilities as the 
Secretary deems necessary or appropriate to meet the water 
supply, economic, public health, and environmental needs of 
the Reservation, including, but not limited to, water storage 
tanks, water lines, maintenance equipment, and other facilities 
for the Tribe on the Reservation. 
(c) COST SHARING.— 
(1) TRIBAL SHARE.—Subject to paragraph (3) and subsection 
(d), the tribal share of the cost of the Rural Water Supply 
Project is comprised of the costs to design and initiate construc-
tion of the wastewater treatment plant, to replace the diversion 
structure on the Navajo River, and to construct raw water 
settling ponds, a water treatment plant, water storage plants, 
a water transmission pipeline, and distribution pipelines, and 
has been satisfied. 
(2) FEDERAL SHARE.—Subject to paragraph (3) and sub-
section (d), the Federal share of the cost of the Rural Water 
Supply Project shall be all remaining costs of the project identi-
fied in the Report. 
(3) OPERATION AND MAINTENANCE.—The Federal share of 
the cost of operation and maintenance of the Rural Water 
Supply Project shall continue to be available for operation 
and maintenance in accordance with the Indian Self-Determina-
tion Act, as set forth in this title. 
(d) 
OPERATION, 
MAINTENANCE, 
AND REPLACEMENT 
AFTER 
COMPLETION.—Upon determination by the Secretary that the Rural 
Water Supply Project is substemtially complete, the Tribe shall 
assume responsibility for and liability related to the annual oper-
ation, maintenance, and replacement cost of the project in accord-
ance with this title and the Operation, Maintenance, and Replace-
ment Plan under chapter IV of the Report. 
SEC. 805. GENERAL AUTHORITY. 
The Secretary is authorized to enter into contracts, grants, 
cooperative agreements, and other such agreements and to promul-
gate such regulations as may be necessary to carry out the purposes 
and provisions of this title and the Indian Self-Determination Act 
(Public Law 93-638; 25 U.S.C. 450 et seq.). 
SEC. 806. PROJECT REQUIREMENTS. 
(a) PLANS.— 
(1) PROJECT PLAN.—Not later than 60 days after funds Deadline, 
are made available for this purpose, the Secretary shall prepare 
a recommended project plan, which shall include a general 
map showing the location of the proposed physical facilities, 
conceptual engineering drawings of structures, and general 
standards for design for the Rural Water Supply Project. 
116 STAT. 2858 
PUBLIC LAW 107-331—DEC. 13, 2002 
(2) OM&R PLAN.—The Tribe shall develop an operation, 
maintenance, and replacement plan, which shall provide the 
necessary framework to assist the Tribe in establishing rates 
and fees for customers of the Rural Water Supply Project. 
(b) CONSTRUCTION 
MANAGER.—The Secretary, through Rec-
lamation and in consultation with the Tribe, shall select a project 
construction manager to work with the Tribe in the planning, 
design, and construction of the Rural Water Supply Project. 
(c) MEMORANDUM OF AGREEMENT.—The Secretary shall enter 
into a memorandum of agreement with the Tribe that commits 
Reclamation and BIA to a transition plan that addresses operations 
and maintenance of the Rural Water Supply Project while the 
facilities are under construction and after completion of construc-
tion. 
(d) OVERSIGHT.—The Secretary shall have oversight responsi-
bility with the Tribe and its constructing entity and shall incor-
porate value engineering analysis as appropriate to the Rural Water 
Supply Project. 
(e) TECHNICAL ASSISTANCE.—The Secretary shall provide such 
technical assistance as may be necessary to the Tribe to plan, 
develop, and construct the Rural Water Supply Project, including, 
but not limited to, operation and management training. 
(f) SERVICE AREA.—The service area of the Rural Water Supply 
Project shall be within the boundaries of the Reservation. 
(g) OTHER LAW.—The planning, design, construction, operation, 
and maintenance of the Rural Water Supply Project shall be subject 
to the provisions of the Indian Self-Determination Act (25 U.S.C. 
450 et seq.). 
(h) REPORT.—During the year that construction of the Rural 
Water Supply Project begins and annually until such construction 
is completed, the Secretary, through Reclamation and in consulta-
tion with the Tribe, shall report to Congress on the status of 
the planning, design, and construction of the Rural Water Supply 
Project. 
(i) TITLE.—Title to the Rural Water Supply Project shall be 
held in trust for the Tribe by the United States and shall not 
be transferred or encumbered without a subsequent Act of Congress. 
SEC. 807. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appropriated to 
carry out this title $45,000,000 (January 2002 dollars) plus or 
minus such amounts, if any, as may be justified by reason of 
changes in construction costs as indicated by engineering cost 
indexes applicable to the types of construction involved for the 
planning, design, and construction of the Rural Water Supply 
Project as generally described in the Report dated September 2001. 
(b) CONDITIONS.—Funds may not be appropriated for the 
construction of any project authorized under this title until after— 
(1) an appraisal investigation and a feasibility study have 
been completed by the Secretary and the Tribe; and 
(2) the Secretary has determined that the plan required 
by section 806(a)(2) is completed. 
(c) NEPA.—The Secretary shall not obligate funds for construc-
tion until after the requirements of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect 
to the Rural Water Supply Project. 
PUBLIC LAW 107-331—DEC. 13, 2002 
116 STAT. 2859 
SEC. 808. PROHIBITION ON USE OF FUNDS FOR IRRIGATION PUR-
POSES. 
None of the funds made available to the Secretary for planning 
or construction of the Rural Water Supply Project may be used 
to plan or construct facilities used to supply water for the purposes 
of irrigation. 
SEC. 809. WATER RIGHTS. 
The water rights of the Tribe are part of and included in 
the Jicarilla Apache Tribe Water Rights Settlement Act (Public 
Law 102-441). These rights are adjudicated under New Mexico 
State law as a partial final judgment and decree entered in the 
Eleventh Judicial District Court of New Mexico. That Act and 
decree provide for sufficient water rights under "historic and 
existing uses" to supply water for the municipal water system. 
These water rights are recognized depletions within the San Juan 
River basin and no new depletions are associated with the Rural 
Water Supply Project. In consultation with the United States Fish 
and Wildlife Service, Reclamation has determined that there shall 
be no significant impact to endangered species as a result of water 
depletions associated with this project. No other water rights of 
the Tribe shall be impacted by the Rural Water Supply Project. 
TITLE IX—ROCKY BOY'S RURAL WATER 
SYSTEM 
SEC. 901. SHORT TITLE. 
This title may be cited as the "Rocky Boy's/North Central 
Montema Regional Water System Act of 2002". 
SEC. 902. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) the water systems serving residents of the Rocky Bo^s 
Reservation in the State of Montana— 
(A) do not meet minimum health and safety standards; 
(B) pose a threat to public health and safety; and 
(C) are inadequate to supply the water needs of the 
Chippewa Cree Tribe; 
(2) the United States has a responsibility to ensure that 
adequate and safe water supplies are available to meet the 
economic, environmental, water supply, and public health needs 
of the Reservation; 
(3) the entities administering the rural and municipal 
water systems in North Central Montana are having difficulty 
compljdng with regulations promulgated under the 
Safe 
Drinking Water Act (42 U.S.C. SOOf et seq.); and 
(4) the study, defined in section 903(k), identifies Lake 
Elwell, near Chester, Montana, as an available, reliable, and 
safe rural and municipal water supply for serving the needs 
of the Reservation and North Central Montana. 
(b) PURPOSES.—^The purposes of this title are— 
(1) to ensure a safe and adequate rural, municipal, and 
industrial water supply for the residents of the Rocky Boy's 
Reservation in the State of Montana; 
(2) to assist the citizens residing in Chouteau, Glacier, 
Hill, Liberty, Pondera, Teton, and Toole Counties, Montana, 
Rocky Boy's/ 
North Central 
Montana 
Regional Water 
System Act of 
2002. 
116 STAT. 2860 
PUBLIC LAW 107-331—DEC. 13, 2002 
but outside the Reservation, in developing safe and adequate 
rural, municipal, and industrial water supplies; 
(3) to authorize the Secretary of the Interior— 
(A) acting through the Commissioner of Reclamation 
to plan, design, and construct the core and noncore systems 
of the Rocky Boy's/North Central Montana Regional Water 
System in the State of Montana; and 
(B) acting through the Bureau of Indian Affairs to 
operate, maintain, and replace the core system and the 
on-Reservation 
water 
distribution 
systems, 
including 
service connections to communities and individuals; and 
(4) to authorize the Secretary, at the request of the Chip-
pewa Cree Tribe, to enter into self-governance agreements with 
the Tribe under title IV of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 458aa et seq.), under which 
the Tribe— 
(A) through the Bureau of Reclamation, will plan, 
design, and construct the core system of the Rocky Boy's/ 
North Central Montana Regional Water System, and 
(B) through the Bureau of Indian Affairs, will operate, 
maintain, and replace (including service connections to 
communities and individuals) the core system and the on-
Reservation water distribution systems. 
SEC. 903. DEFINITIONS. 
In this title: 
(1) AUTHORITY.—The term "Authority" means the North 
Central Montana Regional Water Authority established under 
State law, Mont. Code Ann. Sec. 75-6-301, et. seq. (2001), 
to allow public agencies to join together to secure and provide 
water for resale. 
(2) CORE SYSTEM.—The term "core system" means a compo-
nent of the water system as described in section 904(d) and 
the final engineering report. 
(3) 
FINAL 
ENGINEERING 
REPORT.—The 
term 
"final 
engineering report" means the final engineering report prepared 
for the Rocky Boy's/North Central Montana Regional Water 
System, as approved by the Secretary of the Interior. 
(4) FUND.—The term "ftind" means the Chippewa Cree 
Water System Operation, Maintenance, and Replacement Trust 
Fund. 
(5) ON-RESERVATION WATER DISTRIBUTION SYSTEMS.—The 
term "on-reservation water distribution systems" means that 
portion of the Rocky Bo/s/North Central Montana Regional 
Water system served by the core system and within the bound-
aries of the Rocky Boy's Reservation. The on-reservation water 
distribution systems are described in section 904(f) and the 
final engineering report. 
(6) NONCORE SYSTEM.—The term "noncore system" means 
the rural water system for Chouteau, Glacier, Hill, Liberty, 
Pondera, Teton, and Toole Counties, Montana, described in 
section 905(c) and the final engineering report. 
(7) RESERVATION.— 
(A) IN GENERAL.—The term "Reservation" means the 
Rocky Boy's Reservation in the State of Montana. 
(B) INCLUSIONS.—The term "Reservation" includes all 
land and interests in land that are held in trust by the 
PUBLIC LAW 107-331—DEC. 13, 2002 
116 STAT. 2861 
United States for the Tribe at the time of the enactment 
of this title. 
(8) ROCKY BOY'S/NORTH CENTRAL MONTANA REGIONAL WATER 
SYSTEM.—The term "Rocky Boy's/North Central 
Montana 
Regional Water System" means— 
(A) the core system; 
(B) the on-reservation water distribution systems; and 
(C) the non-core system. 
(9) SECRETARY.—The term "Secretary" means the Secretary 
of the Interior. 
(10) STATE.—The term "State" means the State of Montana. 
(11) STUDY.—The term "study" means the study entitled 
"North Central Montana Regional Water System Planning/ 
Environmental Report" dated May 2000. 
(12) TRIBE.—The term "Tribe" means— 
(A) the Chippewa Cree Tribe of the Rocky Boy's Res-
ervation; and 
(B) all officers, agents, and departments of the Tribe. 
SEC. 904. ROCKY BOY'S RURAL WATER SYSTEM. 
(a) FINAL ENGINEERING REPORT.—The following reports will 
serve as the basis for the final engineering report for the Rocky 
Boy's/North Central Montana Regional Water System— 
(1) pursuant to Public Law 104-204, a study, described 
in section 903(k), that was conducted to study the water and 
related resources in North Central Montana and to evaluate 
alternatives for providing a municipal, rural and industrial 
supply of water to the citizens residing in Chouteau, Glacier, 
Hill, Liberty, Pondera, Teton, and Toole Counties, Montana, 
residing both on and off the Reservation; and 
(2) pursuant to section 202 of Public Law 106-163, the 
Tribe has conducted, through a self-governance agreements 
with the Secretary of the Interior, acting through the Bureau 
of Reclamation, a feasibility study to evaluate alternatives for 
providing a municipal, rural and industrial supply of water 
to the Reservation. 
The Secretary of the Interior may require, through the agreements 
described in subsection (g) and section 905(d), that the final 
engineering report include appropriate additional study and anal-
yses. 
(b) CORE SYSTEM.— 
(1) IN GENERAL.—The Secretary is authorized to plan, 
design, construct, operate, maintain, and replace the core 
system. 
(2) FEDERAL SHARE.— 
(A) The Federal share of the cost of planning, design, 
and construction of the core system shall be— 
(i) 100 percent of the Tribal share of costs as 
identified in section 914; 
(ii) 80 percent of the authority's share of the total 
cost for the core system as identified in section 914; 
and 
(iii) funded through annual appropriations to the 
Bureau of Reclamation. 
(3) AGREEMENTS.—Federal funds made available to carry 
out this subsection may be obligated and expended only in 
116 STAT. 2862 
PUBLIC LAW 107-331—DEC. 13, 2002 
accordance with the Agreements entered into under subsection 
(g). 
(c) Operation, Maintenance, and Replacement (OM&R) CORE 
SYSTEM.—The cost of operation, maintenance, and replacement of 
the core system shall be allocated as follows— 
(1) 100 percent of the Tribe's share of the OM&R costs, 
as negotiated in the Agreements, shall be funded through the 
Chippewa Cree Water System Operation, Maintenance, and 
Replacement Trust Fund established in section 913; 
(2) 100 percent of the Authority's share of the OM&R 
costs, as negotiated in the Cooperative Agreements, shall be 
funded by the Authority and fully reimbursable to the Sec-
retary. 
Federal funds made available to carry out this subsection may 
be obligated and expended only in accordance with the Agreements 
entered into under subsection (g) and section 905(d). 
(d) CORE SYSTEM COMPONENTS.—^As described in the final 
engineering report, the core system shall consist o
f
— 
(1) intake, pumping, water storage, and treatment facilities; 
(2) transmission pipelines, pumping stations, and storage 
facilities; 
(3) appurtenant buildings, maintenance equipment, and 
access roads; 
(4) all property and property rights necessary for the facili-
ties described in this subsection; 
(5) all interconnection facilities at the core pipeline to the 
noncore system; and 
(6) electrical power transmission and distribution facilities 
necessary for services to core system facilities. 
(e) AUTHORITY TO ACQUIRE PROPERTY.—Where, in carrying out 
the provisions of this title for construction of the core system, 
it becomes necessary to acquire any rights or property, the 
Authority, acting pursuant to State law, Mont. Code Ann. Sec. 
75-6-313 (2001), is hereby authorized to acquire the same by con-
demnation under judicial process, and to pay such sums which 
may be needed for that purpose. Nothing in this section shall 
apply to land held in trust by the United States. 
(f) ON-RESERVATION WATER DISTRIBUTION SYSTEMS.— 
(1) IN GENERAL.—The Secretary is authorized to operate, 
maintain, and replace the water distribution systems of the 
Reservation. 
(2) 
OPERATION, MAINTENANCE, AND REPLACEMENT.—The 
cost of operation, maintenance, and replacement of the on-
reservation water distribution systems shall be allocated as 
follows: Up to 100 percent of the Tribe's share of the OM&R 
costs, as negotiated in the Agreements, shall be funded through 
the Chippewa Cree Water System Operation, Maintenance, and 
Replacement Trust Fund established in section 913. 
(3) AGREEMENTS.—Federal funds made available to carry 
out this subsection may be obligated and expended only in 
accordance with the Agreements entered into under subsection 
(g). 
(4) COMPONENTS.—As described in the final engineering 
report, the on-reservation water distribution systems shall con-
sist o
f
— 
(A) water systems in existence on the date of enactment 
of this title that may be purchased, improved, and repaired 
PUBLIC LAW 107-331—DEC. 13, 2002 
116 STAT. 2863 
in accordance with the Agreements entered into under 
subsection (g); 
(B) water systems owned by individual members of 
the Tribe and other residents of the Reservation; 
(C) any water distribution system that is upgraded 
to current standards, disconnected from low-quaHty wells; 
and 
(D) connections. 
(5) CONSTRUCTION OF NEW FACILITIES, OR EXPANSION OR 
REHABILITATION OF CURRENT FACILITIES.—The Tribe shall USe 
$10,000,000 of the $15,000,000 appropriated pursuant to the 
Chippewa Cree Tribe of the Rocky Boy's Reservation Indian 
Reserved Water Rights Settlement and Water Supply Enhance-
ment Act of 1999 (Public Law 106-163), plus accrued interest, 
in the purchase, construction, expansion, or rehabilitation of 
the on-reservation water distribution systems. 
(g) AGREEMENTS.—Federal funds made available to carry out 
subsections (b), (c), and (f) may be obligated and expended only 
in accordance with the agreements entered into under this sub-
section. 
(1) IN GENERAL.—At the request of the Tribe, the Secretary 
shall enter into self-governance agreements under title IV of 
the Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 458aa et seq.) with the Tribe, in accordance with 
this title— 
(A) through the Bureau of Reclamation, to plan, design, 
and construct the core system; and 
(B) through the Bureau of Indian Affairs, to operate, 
maintain, and replace the core system and the on-Reserva-
tion water distribution systems. 
(2) PROJECT OVERSIGHT ADMINISTRATION.—The amount of 
Federal funds that may be used to provide technical assistance 
and conduct the necessary construction oversight, inspection, 
and administration of activities in paragraph (1)(A) shall be 
negotiated with the Tribe and shall be an allowable project 
cost. 
(h) SERVICE AREA.—The service area of the Rocky Boy's Rural 
Water System shall be the core system and the Reservation. 
(i) TITLE TO CORE SYSTEM.—Title to the core system— 
(1) shall be held in trust by the United States for the 
Tribe; and 
(2) shall not be transferred unless a transfer is authorized 
by an Act of Congress enacted after the date of enactment 
of this title. 
(j) TECHNICAL ASSISTANCE.—The Secretary is authorized to pro-
vide such technical assistance as is necessary to enable the Tribe 
to— 
(1) plan, design, and construct the core system, including 
management training. Such technical assistance shall be 
deemed as a core system project construction cost; and 
(2) operate, maintain, and replace the core system and 
the on-reservation water distribution systems. Such technical 
assistance shall be deemed as a core system and an on-reserva-
tion water distribution systems operation, maintenance, and 
replacement cost, as appropriate. 
116 STAT. 2864 
PUBLIC LAW 107-331—DEC. 13, 2002 
SEC. 905. NONCORE SYSTEM. 
(a) IN GENERAL.—The Secretary is authorized to enter into 
Cooperative Agreements with the Authority to provide Federal 
funds for the planning, design, and construction of the noncore 
system in Chouteau, Glacier, Hill, Liberty, Pondera, Teton, and 
Toole Counties, Montana, outside the Reservation. 
(b) FEDERAL SHARE.— 
(1) PLANNING, DESIGN, AND CONSTRUCTION.—The Federal 
share of the cost of planning, design, and construction of the 
noncore system shall be 80 percent and will be funded through 
annual appropriations to the Bureau of Reclamation. 
(2) OPERATION, MAINTENANCE, AND REPLACEMENT OF NON-
CORE SYSTEM COMPONENTS.—The cost of Operation, mainte-
nance, and replacement associated with water deliveries to 
the noncore system shall not be a Federal responsibility and 
shall be borne by the Authority. 
(3) COOPERATIVE AGREEMENTS.—Federal funds made avail-
able to carry out this section may be obligated and expended 
only in accordance with the Cooperative Agreements entered 
into under subsection (d). 
(c) COMPONENTS.—As described in the final engineering report, 
the components of the noncore system on which Federal funds 
may be obligated and expended under this section shall include— 
(1) storage, pumping, £ind pipeline facilities; 
(2) appurtenant buildings, maintenance equipment, and 
access roads; 
(3) all property and property rights necessary for the facili-
ties described in this subsection; 
(4) electrical power transmission and distribution facilities 
necessary for service to noncore system facilities; and 
(5) other facilities and services customary to the develop-
ment of a rural water distribution system in the State. 
(d) COOPERATIVE AGREEMENTS.— 
(1) IN GENERAL.—The Secretary is authorized to enter into 
the Cooperative Agreements with the Authority to provide Fed-
eral funds and necessary assistance for the planning, design, 
and construction of the noncore system. The Secretary is further 
authorized to enter into a tri-partite Cooperative Agreement 
with the Authority and the Tribe addressing the allocation 
of operation, maintenance and replacement costs for the core 
system and action that can be undertaken to keep those costs 
within reasonable levels. 
(2) MANDATORY PROVISIONS.—The Cooperative Agreements 
under paragraph (1) shall specify, in a manner that is accept-
able to the Secretary and the Authority— 
(A) the responsibilities of each party to the agreements 
for-
(i) the final engineering report; 
(ii) engineering and design; 
(iii) construction; 
(iv) water conservation measures; 
(v) environmental and cultural resource compli-
ance activities; and 
(vi) administration of contracts relating to perform-
ance of the activities described in clauses (i) through 
(v); 
PUBLIC LAW 107-331—DEC. 13, 2002 
116 STAT. 2865 
(B) the procedures and requirements for approval and 
acceptance of the design and construction and for carrying 
out other activities described in subparagraph (A); and 
(C) the rights, responsibiUties, and habiHties of each 
party to the agreements. 
(3) PROJECT OVERSIGHT ADMINISTRATION.—The amount of 
Federal funds that may be used to provide technical assistance 
and to conduct the necessary construction oversight, inspection, 
and administration of activities in paragraph (1) shall be nego-
tiated with the Authority, and shall be an allowable project 
cost. 
(e) SERVICE AREA.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
service area of the noncore system shall be generally defined 
as the area— 
(A) north of the Missouri River and Button, Montana; 
(B) south of the border between the United States 
and Canada; 
(C) west of Havre, Montana; 
(D) east of Cut Bank Creek in Glacier County, Mon-
tana; and 
(E) as further defined in the final engineering report, 
referenced in section 904(a). 
(2) EXCLUSIONS FROM SERVICE AREA.—The service area of 
the noncore system shall not include the area inside the Res-
ervation. 
if) LIMITATION ON USE OF FEDERAL FUNDS.—The operation, 
maintenance, and replacement expenses for the noncore system— 
(1) shall not be a Federal responsibility; 
(2) shall be borne by the Authority; and 
(3) the Secretary may not obligate or expend any Federal 
funds for the OM&R of the noncore system. 
(g) TITLE TO NONCORE SYSTEM.—Title to the noncore system 
shall be held by the Authority. 
(h) AUTHORITY TO ACQUIRE PROPERTY.—Where, in carrying 
out the provisions of this title for construction of the noncore system, 
it becomes necessary to acquire any rights or property, the 
Authority, acting pursuant to State law, Mont. Code Ann. Sec. 
75-6-313 (2001), is hereby authorized to acquire the same by con-
demnation under judicial process, and to pay such sums which 
may be needed for that purpose. Nothing in this section shall 
apply to land held in trust by the United States. 
SEC. 906. LIMITATION ON AVAILABILITY OF CONSTRUCTION FUNDS. 
The Secretary shall not obligate funds for construction of the 
core system or the noncore system until— 
(1) the requirements of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect 
to the core system and the noncore system; 
(2) the date that is 90 days after the date of submission 
to Congress of a final engineering report approved and trans-
mitted by the Secretary; and 
(3) the Secretary publishes a written finding that the water 
conservation plan developed under section 911(a) includes pru-
dent and reasonable water conservation measures for the oper-
ation of the Rocky Boy's/North Central Montana Regional Water 
Deadline. 
Reports. 
Publication. 
116 STAT. 2866 
PUBLIC LAW 107-331—DEC. 13, 2002 
System that have been shown to be economically and financially 
feasible. 
SEC. 907. CONNECTION CHARGES. 
The cost of connection of nontribal community water distribu-
tion systems and individual service systems to transmission lines 
of the core system and noncore system shall be the responsibility 
of the entities receiving water from the transmission lines. 
SEC. 908. AUTHORIZATION OF CONTRACTS. 
The Secretary is authorized to enter into contracts with the 
Authority for water from Lake Elwell providing for the repayment 
of its respective share of the construction, operation, maintenance 
and replacement costs of Tiber dam and reservoir, as determined 
by the Secretary, in accordance with Federal Reclamation Law 
(Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof 
and supplemental thereto). 
SEC. 909. TIBER RESERVOIR ALLOCATION TO THE TRIBE. 
(a) No DiMlNlSHMENT OF STORAGE.—In providing for the 
delivery of water to the noncore system, the Secretary shall not 
diminish the 10,000 acre-feet per year of water stored for the 
Tribe pursuant to section 201 of the Chippewa Cree Tribe of The 
Rocky Boy's Reservation Indian Reserved Water Rights Settlement 
and Water Supply Enhancement Act of 1999 (Public Law 106-
163) in Lake Elwell, Lower Marias Unit, Upper Missouri Division, 
Pick-Sloan Missouri Basin Program, Montana. 
(b) DRAW OF SUPPLY; PURCHASE OF ADDITIONAL WATER.—In 
providing for delivery of water to Rocky Boy's Indian Reservation 
for the purposes of this title, the Tribe shall draw its supply from 
the 10,000 acre-feet per year of water stored for the Tribe pursuant 
to section 201 of the Chippewa Cree Tribe of The Rocky Bo^s 
Reservation Indian Reserved Water Rights Settlement and Water 
Supply Act of 1999 (Pubhc Law 106-163) in Lake Elwell, Lower 
Marias Unit, Upper Missouri Division, Pick-Sloan Missouri Basin 
Program, Montana. Nothing in this title shall prevent the Tribe 
from entering into contracts with the Secretary for the purchase 
of additional water from Lake Elwell. 
SEC. 910. USE OF PICK-SLOAN POWER. 
The Secretary of the Interior, in cooperation with the Secretary 
of Energy, is directed to make Pick-Sloan Missouri Basin Program 
preference power available, for the purposes of this title. Power 
shall be made available when pumps are energized and/or upon 
completion of the Project. 
SEC. 911. WATER CONSERVATION PLAN. 
(a) IN GENERAL.—The Tribe and the Authority shall develop 
and incorporate into the final engineering report a water conserva-
tion plan that contains— 
(1) a description of water conservation objectives; 
(2) a description of appropriate water conservation meas-
ures; and 
(3) a time schedule for implementing the water conserva-
' 
tion measures to meet the water conservation objectives. 
(b) PURPOSE.—The water conservation plan under subsection 
(a) shall be designed to ensure that users of water from the core 
system, on-reservation water distribution systems, and the noncore 
PUBLIC LAW 107-331—DEC. 13, 2002 
116 STAT. 2867 
system will use the best practicable technology and management 
techniques to conserve water. 
(c) COORDINATION OF PROGRAMS.—Section 210 (a) and (c) of Applicability. 
the Reclamation Reform Act of 1982 (43 U.S.C. 390jj (a) and (c)) 
shall apply to activities under section 911 of this title. 
SEC. 912. WATER RIGHTS. 
This title does not— 
(1) impair the validity of or preempt any provision of State 
water law or any interstate compact governing water; 
(2) alter the right of any State to any appropriated share 
of the water of any body of surface or ground water, whether 
determined by any past or future interstate compact or by 
any past or future legislative or final judicial allocation; 
(3) preempt or modify any Federal or State law or interstate 
compact concerning water quality or disposal; 
(4) confer on £iny non-Federal entity the authority to exer-
cise any Federal right to the water of any stream or to any 
ground water resource; or 
(5) affect any right of the Tribe to water, located within 
or outside the external boundaries of the Reservation, based 
on a treaty, compact. Executive Order, Agreements, Act of 
Congress, aboriginal title, the decision in Winters v. United 
States, 207 U.S. 564 (1908) (commonly known as the "Winters 
Doctrine"), or other law. 
SEC. 913. CHIPPEWA CREE WATER SYSTEM OPERATION, MAINTE-
NANCE, AND REPLACEMENT TRUST FUND. 
(a) ESTABLISHMENT OF TRUST FUND.—There is established in 
the Treasury of the United States a trust fund to be known as 
the "Chippewa Cree Water System Operation, Maintenance, and 
Replacement Trust Fund", to be managed and invested by the 
Secretary. 
(b) CONTENTS OF FUND.—The Fund shall consist of— 
(1) the amount of $15,000,000 as the Federal share, as 
authorized to be appropriated in section 914(c); 
(2) the Tribe shall deposit into the Fund $5,000,000 of 
the $15,000,000 appropriated pursuant to the Chippewa Cree 
Tribe of the Rocky Boy's Reservation Indian Reserved Water 
Rights Settlement and Water Supply Enhancement Act of 1999 
(PubHc Law 106-163); and 
(3) such interest as may accrue, until expended according 
to subsections (d) and (f). 
(c) MANAGEMENT OF THE FUND.—The Secretary shall manage 
the Fund, make investments from the Fund, and make monies 
available from the Fund for distribution to the Tribe consistent 
with the American Indian Trust Fund Management Reform Act 
of 1994 (25 U.S.C. 4001 et seq.) (referred to in this section as 
the "Trust Fund Reform Act"), and this title. 
(d) USE OF FUND.—The Tribe shall use accrued interest, only, 
from the Fund for operation, maintenance, and replacement of 
the core system and the on-reservation distribution, only, pursuant 
to an operation, maintenance and replacement plan approved by 
the Secretary. 
(e) INVESTMENT OF FUND.—The Secretary shall, after consulting 
with the Tribe on the investment of the Fund, invest amounts 
in the Fund in accordance with— 
116 STAT. 2868 
PUBLIC LAW 107-331—DEC. 13, 2002 
(1) the Act of April 1, 1880 (21 Stat. 70, chapter 41; 25 
U.S.C. 161); 
(2) the first section of the Act of February 12, 1929 (25 
U.S.C. 161a); 
(3) the first section of the Act of June 24, 1938 (25 U.S.C. 
162a); and 
(4) subsection (b). 
(f) EXPENDITURES AND WITHDRAWAL.— 
(1) TRIBAL MANAGEMENT PLAN.— 
(A) WITHDRAWAL BY TRIBE.—The Tribe may withdraw 
all or part of the Fund on approval by the Secretary of 
a tribal management plan as described in the Trust Fund 
Reform Act. 
(B) REQUIREMENTS.—In addition to the requirements 
under the Trust Fund Reform Act, the tribal management 
plan shall require that the Tribe spend any funds only 
in accordance with the purposes described in subsections 
913 (d) and (f). 
(2) ENFORCEMENT.—The Secretary may take judicial or 
administrative action to enforce the provisions of any tribal 
management plan to ensure that any monies withdrawn from 
the Fund under the plan are used in accordsmce with this 
title. 
(3) LIABILITY.—If the Tribe exercises the right to withdraw 
monies from the Fund pursuant to the Trust Fund Reform 
Act, neither the Secretary nor the Secretary of the Treasury 
shall retain any liability for the expenditure or investment 
of the monies withdrawn. 
(4) OPERATION, MAINTENANCE, AND REPLACEMENT PLAN.— 
Expenditures of accrued interest, only, from the Fund may 
be made for operation, maintenance, and replacement plan 
approved by the Secretary. 
(A) IN GENERAL.—The Tribe shall submit to the Sec-
retary for approval an operation, maintenance, and replace-
ment plan for any funds made available to it under this 
section. 
(B) DESCRIPTION.—The plan shall describe the manner 
in which, and the purposes for which, funds made available 
to the Tribe will be used. 
(C) APPROVAL.—On receipt of an expenditure plan 
under subparagraph (A), the Secretary shall, in a timely 
manner, approve the plan if the Secretary determines that 
the plan is reasonable and consistent with this title. 
(5) AVAILABILITY.—Funds made available from the fund 
under this section shall be available without fiscal year limita-
tion. 
(6) ANNUAL REPORT.—The Tribe shall submit to the Sec-
retary an annual report that describes all expenditures from 
the Fund during the year covered by the report. 
(g) No PER CAPITA DISTRIBUTIONS.—No part of the Fund shall 
be distributed on a per capita basis to members of the Tribe. 
SEC. 914. AUTHORIZATION OF APPROPRIATIONS. 
(a) CORE SYSTEM.—There is authorized to be appropriated 
$129,280,000 to the Bureau of Reclamation for the planning, design, 
and construction of the core system. The Tribal portion of the 
PUBLIC LAW 107-331—DEC. 13, 2002 
116 STAT. 2869 
costs shall be 76 percent. The Authority's portion of the costs 
shall be 24 percent. 
(b) 
ON-RESERVATION 
WATER 
DISTRIBUTION 
SYSTEMS.—The 
Tribe shall use $10,000,000 of the $15,000,000 appropriated pursu-
ant to the Chippewa Cree Tribe of the Rocky Boy's Reservation 
Indian Reserved Water Rights Settlement and Water Supply 
Enhancement Act of 1999 (Public Law 106-163), plus accrued 
interest, in the purchase, construction, expansion or rehabilitation 
of the on-reservation water distribution systems. 
(c) CHIPPEWA CREE WATER SYSTEM OPERATION, MAINTENANCE, 
AND REPLACEMENT TRUST FUND.—For the Federal contribution to 
the Fund, established in section 913, there is authorized to be 
appropriated to the Bureau of Indian Affairs the sum of $7,500,000 
each year for fiscal year 2005 and 2006. 
(d) NONCORE SYSTEM.—There is authorized to be appropriated 
$73,600,000 to the Bureau of Reclamation for the planning, design, 
and construction of the noncore system. 
(e) COST INDEXING.—The sums authorized to be appropriated 
under this section may be increased or decreased by such amounts 
as are justified by reason of ordinary fluctuations in development 
costs incurred after the date of enactment of this title, as indicated 
by engineering cost indices applicable for the type of construction 
involved. 
TITLE X—MISCELLANEOUS 
SEC. 1001. SANTEE SIOUX TRIBE, NEBRASKA, WATER SYSTEM STUDY. 
(a) STUDY.—Pursuant to reclamation laws, the Secretary of 
the Interior (hereafter in this section referred to as the "Secretary"), 
through the Bureau of Reclamation and in consultation with the 
Santee Sioux Tribe of Nebraska (hereafter in this section referred 
to as the "Tribe"), shall conduct a feasibility study to determine 
the most feasible method of developing a safe and adequate munic-
ipal, 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- Deadline, 
able to carry out this section, the Secretary shall transmit 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 $500,000 to carry out this 
section. 
SEC. 1002. YUROK TRIBE AND HOPLAND BAND INCLUDED IN LONG-
TERM LEASING. 
(a) IN GENERAL.—The first section of the Act entitled "An 
Act to authorize the leasing of restricted Indian lands for public, 
religious, educational, recreational, residential, business, and other 
116 STAT. 2870 
PUBLIC LAW 107-331—DEC. 13, 2002 
purposes requiring the grant of long-term leases", approved August 
9, 1955 (25 U.S.C. 415(a)) is amended by inserting "lands held 
in trust for the Yurok Tribe, lands held in trust for the Hopland 
Band of Pomo Indians of the Hopland Rancheria," after "Pueblo 
of Santa Clara,". 
Applicability. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
25 use 415 note, shall apply to any lease entered into or renewed after the date 
of the enactment of this title. 
Approved December 13, 2002. 
LEGISLATIVE HISTORY—S. 2017 (H.R. 3407): 
HOUSE REPORTS: No. 107-630 accompanying H.R. 3407 (Comm. on Resources). 
SENATE REPORTS: No. 107-249 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 
Sept. 17, considered and passed Senate. 
Nov. 14, considered and passed House, amended. 
Nov. 20, Senate concurred in House amendment.