[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4709 Referred in Senate (RFS)]

103d CONGRESS
  2d Session
                                H. R. 4709


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              August 17 (legislative day, August 11), 1994

  Received; read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 AN ACT


 
     To make certain technical corrections, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. LEASING AUTHORITY OF THE INDIAN PUEBLO FEDERAL DEVELOPMENT 
              CORPORATION.

    Notwithstanding the provisions of section 17 of the Act of June 18, 
1934 (25 U.S.C. 477), the Indian Pueblo Federal Development 
Corporation, whose charter was issued pursuant to such section by the 
Secretary of the Interior on January 15, 1993, shall have the authority 
to lease or sublease trust or restricted Indian lands for up to 50 
years.

SEC. 2. GRAND RONDE RESERVATION ACT.

    (a) Lands Described.--Section 1 of the Act entitled ``An Act to 
establish a reservation for the Confederated Tribes of the Grand Ronde 
Community of Oregon, and for other purposes'', approved September 9, 
1988 (102 Stat. 1594), is amended--
            (1) in subsection (c)--
                    (A) by striking ``9,879.65'' and inserting 
                ``10,120.68''; and
                    (B) by striking all after


                                                                        
                                                                        
                                                                        
                                                                        
         ``6              8       1    SW\1/4\SW\1/4\,W\1/2   53.78''
                                        \SE\1/4\SW\1/4\                 
                                                                        

                and inserting in lieu thereof the following:


                                                                        
                                                                        
                                                                        
                                                                        
         ``6              8       1    S\1/2\E\1/2\SE\1/4\S     10.03
                                        W\1/4\                          
          6               7       8    Tax lot 800               5.55
          4               7      30    Lots 3, 4, SW\1/                 
                                        4\NE\1/4\, SE\1/          240
                                        4\NW\1/4\,E\1/2\SW\             
                                        1/4\                            
                                                            ------------
                                       Total...............  10,120.68.'
                                                                      ';
                                                                        

        and
            (2) by adding at the end the following:
    ``(d) Claims Extinguished; Liability.--
            ``(1) Claims extinguished.--All claims to lands within the 
        State of Oregon based upon recognized title to the Grand Ronde 
        Indian Reservation established by the Executive order of June 
        30, 1857, pursuant to treaties with the Kalapuya, Molalla, and 
        other tribes, or any part thereof by the Confederated Tribes of 
        the Grand Ronde Community of Oregon, or any predecessor or 
        successor in interest, are hereby extinguished, and any 
        transfers pursuant to the Act of April 28, 1904 (Chap. 1820; 33 
        Stat. 567) or other statute of the United States, by, from, or 
        on behalf of the Confederated Tribes of the Grand Ronde 
        Community of Oregon, or any predecessor or successor interest, 
        shall be deemed to have been made in accordance with the 
        Constitution and all laws of the United States that are 
        specifically applicable to transfers of lands or natural 
        resources from, by, or on behalf of any Indian, Indian nation, 
        or tribe of Indians (including, but not limited to, the Trade 
        and Intercourse Act of 1790 (Act of July 22, 1790; 25 U.S.C. 
        177, ch. 33, sec. 4; 1 Stat. 137)).
            ``(2) Liability.--The Tribe shall assume responsibility for 
        lost revenues, if any, to any county because of the transfer of 
        revested Oregon and California Railroad grant lands in section 
        30, Township 4 South, Range 7 West.''.
    (b) Civil and Criminal Jurisdiction.--Section 3 of such Act (102 
Stat. 1595) is amended by adding at the end the following: ``Such 
exercise shall not affect the Tribe's concurrent jurisdiction over such 
matters.''.

SEC. 3. CONFEDERATED TRIBES OF THE SILETZ INDIANS OF OREGON.

    Section 2 of the Act of September 4, 1980 (Public Law 96-340; 94 
Stat. 1072) is amended--
            (1) by inserting ``(a)'' after ``Sec. 2.''; and
            (2) by adding at the end the following:
    ``(b)(1) The Secretary of the Interior, acting at the request of 
the Confederated Tribes of the Siletz Indians of Oregon, shall accept 
(subject to all valid rights-of-way and easements existing on the date 
of such request) any appropriate warranty deed conveying to the United 
States in trust for the Confederated Tribes of Siletz Indians of 
Oregon, contingent upon payment of all accrued and unpaid taxes, the 
following parcels of land located in Lincoln County, State of Oregon:
            ``(A) In Township 10 South, Range 8 West, Willamette 
        Meridian--
                    ``(i) a tract of land in the northwest and the 
                northeast quarters of section 7 consisting of 208.50 
                acres, more or less, conveyed to the Tribe by warranty 
                deed from John J. Jantzi and Erma M. Jantzi on March 
                30, 1990; and
                    ``(ii) 3 tracts of land in section 7 consisting of 
                18.07 acres, more or less, conveyed to the Tribe by 
                warranty deed from John J. Jantzi and Erma M. Jantzi on 
                March 30, 1990.
            ``(B) In Township 10 South, Range 10 West, Willamette 
        Meridian--
                    ``(i) a tract of land in section 4, including a 
                portion of United States Government Lot 31 lying west 
                and south of the Siletz River, consisting of 15.29 
                acres, more or less, conveyed to the Tribe by warranty 
                deed from Patrick J. Collson and Patricia Ann Collson 
                on February 27, 1991;
                    ``(ii) a tract of land in section 9, located in 
                Tract 60, consisting of 4.00 acres, more or less, 
                conveyed to the Tribe by contract of sale from Gladys 
                M. Faulkner on December 9, 1987;
                    ``(iii) a tract of land in section 9, including 
                portions of the north one-half of United States 
                Government Lot 15, consisting of 7.34 acres, more or 
                less, conveyed to the Tribe by contract of sale from 
                Clayton E. Hursh and Anna L. Hursh on December 9, 1987;
                    ``(iv) a tract of land in section 9, including a 
                portion of the north one-half of Government Lot 16, 
                consisting of 5.62 acres, more or less, conveyed to the 
                Tribe by warranty deed from Steve Jebert and Elizabeth 
                Jebert on December 1, 1987;
                    ``(v) a tract of land in the southwest quarter of 
                the northwest quarter of section 9, consisting of 3.45 
                acres, more or less, conveyed to the Tribe by warranty 
                deed from Eugenie Nashif on July 11, 1988; and
                    ``(vi) a tract of land in section 10, including 
                United States Government Lot 8 and portions of United 
                States Government Lot 7, consisting of 29.93 acres, 
                more or less, conveyed to the Tribe by warranty deed 
                from Doyle Grooms on August 6, 1992.
            ``(C) In the northwest quarter of section 2 and the 
        northeast quarter of section 3, Township 7 South, Range 11 
        West, Willamette Meridian, a tract of land comprising Lots 58, 
        59, 63, and 64, Lincoln Shore Star Resort, Lincoln City, 
        Oregon.
    ``(2) The parcels of land described in paragraph (1), together with 
the following tracts of lands which have been conveyed to the United 
States in trust for the Confederated Tribes of Siletz Indians of 
Oregon--
            ``(A) a tract of land in section 3, Township 10 South, 
        Range 10 West, Willamette Meridian, including portions of 
        United States Government Lots 25, 26, 27, and 28, consisting of 
        49.35 acres, more or less, conveyed by the Siletz Tribe to the 
        United States in trust for the Tribe on March 15, 1986; and
            ``(B) a tract of land in section 9, Township 10 South, 
        Range 10 West, Willamette Meridian, including United States 
        Government Lot 33, consisting of 2.27 acres, more or less, 
        conveyed by warranty deed to the United States in trust for the 
        Confederated Tribes of Siletz Indians of Oregon from Harold D. 
        Alldridge and Sylvia C. Alldridge on June 30, 1981;
shall be subject to the limitations and provisions of sections 3, 4, 
and 5 of this Act and shall be deemed to be a restoration of land 
pursuant to section 7 of the Siletz Indian Tribe Restoration Act (91 
Stat. 1415; 25 U.S.C. 711(e)).
    ``(3) Notwithstanding any other provision of law, the United States 
should not incur any liability for conditions on any parcels of land 
taken into trust under this section.
    ``(4) As soon as practicable after the transfer of the parcels 
provided in paragraphs (1) and (2), the Secretary of the Interior shall 
convey such parcels and publish a description of such lands in the 
Federal Register.''.

SEC. 4. TRANSFER OF PARCEL BY YSLETA DEL SUR PUEBLO.

    (a) Ratification.--The transfer of the land described in subsection 
(b), together with fixtures thereon, on July 12, 1991, by the Ysleta 
Del Sur Pueblo is hereby ratified and shall be deemed to have been made 
in accordance with the Constitution and all laws of the United States 
that are specifically applicable to transfers of land from, by, or on 
behalf of any Indian, Indian nation, or tribe or band of Indians 
(including section 2116 of the Revised Statutes (25 U.S.C. 177)) as if 
Congress had given its consent prior to the transfer.
    (b) Lands Described.--The lands referred to in subsection (a) are 
more particularly described as follows:
        Tract 1-B-1 (1.9251 acres) and Tract 1-B-2-A (0.0748 acres), 
        Block 2 San Elizario, El Paso County, Texas.

SEC. 5. AUTHORIZATION FOR 99-YEAR LEASES.

    The second sentence of subsection (a) of the first section of the 
Act of August 9, 1955 (25 U.S.C. 415(a)), is amended by inserting ``the 
Viejas Indian Reservation,'' after ``Soboba Indian Reservation,''.

SEC. 6. WIND RIVER INDIAN IRRIGATION PROJECT.

    Funds appropriated for construction of the Wind River Indian 
Irrigation Project in fiscal year 1990 (Public Law 101-121), fiscal 
year 1991 (Public Law 101-512), and fiscal year 1992 (Public Law 102-
154) shall be made available on a nonreimbursable basis.

SEC. 7. REIMBURSEMENT OF COSTS INCURRED BY GILA RIVER INDIAN COMMUNITY 
              FOR CERTAIN RECLAMATION CONSTRUCTION.

    The Secretary of the Interior is authorized to pay $1,842,205 to 
the Gila River Indian Community as reimbursement for the costs incurred 
by the Gila River Indian Community for construction allocated to 
irrigation on the Sacaton Ranch that would have been nonreimbursable if 
such construction had been performed by the Bureau of Reclamation under 
section 402 of the Colorado River Basin Project Act (43 U.S.C. 1542).

SEC. 8. RECONVEYANCE OF CERTAIN EXCESS LANDS.

    (a) In General.--The Congress finds that the Sac and Fox Nation of 
Oklahoma has determined the lands described in subsection (b) to be 
excess to their needs and should be returned to the original Indian 
grantors or their heirs. The Secretary of the Interior is authorized to 
accept transfer of title from the Sac and Fox Nation of Oklahoma of its 
interest in the lands described in subsection (b).
    (b) Persons and Lands.--The lands and individuals referred to in 
subsection (a) are as follows:
            (1) To the United States of America in trust for Sadie 
        Davis, now Tyner, or her heirs or devisees, the Surface and 
        Surface Rights only in and to the SE\1/4\SE\1/4\SE\1/4\SE\1/4\ 
        of Section 28, Township 17 North, Range 6 East of the Indian 
        Meridian, Lincoln County, Oklahoma, containing 2.50 acres, more 
        or less.
            (2) To the United States of America in trust for Mabel 
        Wakole, or her heirs or devisees, the Surface and Surface 
        Rights only in and to the NE\1/4\NE\1/4\ of Lot 6 of NW\1/4\ of 
        Section 14, Township 11 North, Range 4 East of the Indian 
        Meridian, Pottawatomie County, Oklahoma, containing 2.50 acres, 
        more or less.

SEC. 9. TITLE I OF THE ACT OF JANUARY 12, 1983, PERTAINING TO THE 
              DEVILS LAKE SIOUX TRIBE.

    Paragraph (1) of section 108(a) of title I of the Act of January 
12, 1983 (96 Stat. 2515) is amended by striking out ``of the date of 
death of the decedent'' and inserting in lieu thereof ``after the date 
on which the Secretary's determination of the heirs of the decedent 
becomes final''.

SEC. 10. NORTHERN CHEYENNE LAND TRANSFER.

    (a) In General.--Notwithstanding any contrary provision of law, the 
Secretary of the Interior or his authorized representative 
(``Secretary'') is hereby authorized and directed to transfer by deed 
to Lame Deer High School District No. 6, Rosebud County, Montana 
(``School District''), all right, title, and interest of the United 
States and the Northern Cheyenne Tribe (``Tribe'') in and to the lands 
described below (``Subject Lands''), to be held and used by the School 
District for the exclusive purpose of constructing and operating 
thereon a public high school and related facilities. The Subject Lands 
consist of a tract of approximately 40 acres within the Northern 
Cheyenne Indian Reservation, more particularly described as follows:
        A tract of land located in the W\1/2\ SE\1/4\ and the E\1/2\ 
        SW\1/4\ of Section 10, Township 3 South, Range 41 East, M.P.M., 
        described as follows: Beginning at the south \1/4\ corner of 
        said Section 10, thence south 89 degrees 56 minutes west 393.31 
        feet on and along the south line of said Section 10 to the true 
        point of beginning, thence south 89 degrees 56 minutes west 
        500.0 feet on and along said Section line, thence north 00 
        degrees 00 minutes east, 575.0 feet, thence north 54 degrees 9 
        minutes 22 seconds east 2382.26 feet, thence south 23 degrees 
        44 minutes 21 seconds east 622.56 feet, thence south 51 degrees 
        14 minutes 40 seconds west 2177.19 feet to the true point of 
        beginning, containing in all 40.0 acres, more or less.
    (b) Deed and Lease.--(1) The deed issued under this section shall 
provide that--
            (A) title to all coal and other minerals, including oil, 
        gas, and other natural deposits, within the Subject Lands shall 
        remain in the Secretary in trust for the Tribe, as provided in 
        the Act of July 24, 1968 (82 Stat. 424);
            (B) the Subject Lands may be used for the purpose of 
        constructing and operating a public high school and related 
        facilities thereon, and for no other purpose;
            (C) title to the Subject Lands, free and clear of all liens 
        and encumbrances, shall automatically revert to the Secretary 
        in trust for the Tribe, and the deed shall be of no further 
        force or effect, if, within eight years of the date of the 
        deed, classes have not commenced in a permanent public high 
        school facility established on the Subject Lands, or if such 
        classes commence at the facility within such eight-year period, 
        but the facility subsequently permanently ceases operating as a 
        public high school; and
            (D) at any time after the conclusion of the current 
        litigation (including all trial and, if any, appellate 
        proceedings) challenging the November 9, 1993, decision of the 
        Superintendent of Public Instruction for the State of Montana 
        granting the petition to create the School District, and with 
        the prior approval of the Superintendent of Public Instruction 
        (``Superintendent's Approval''), the Tribe shall have the right 
        to replace the deed with a lease covering the Subject Lands 
        issued under the Act of August 9, 1955, as amended (25 U.S.C. 
        415(a)) having a term of 25 years, with a right to renew for an 
        additional 25 years.
    (2) Under the lease referred to in paragraph (1)(D), the Subject 
Lands shall be leased rent free to the School District for the 
exclusive purpose of constructing and operating a public high school 
and related facilities thereon. The lease shall terminate if, within 
eight years of the date of the deed, classes have not commenced in a 
permanent public high school facility established on the Subject Lands, 
or if such classes commence at the facility within such eight-year 
period, but the facility subsequently permanently ceases operating as a 
public high school. In the event the Tribe seeks and obtains the 
Superintendent's Approval, it may tender a lease, signed by the Tribe 
and approved by the Secretary, which complies with the provisions of 
this subsection. Upon such tender, the deed shall be of no further 
force or effect, and, subject to the leasehold interest offered to the 
School District, title to the Subject Lands, free and clear of all 
liens and encumbrances, shall automatically revert to the Secretary in 
trust for the Tribe. The Tribe may at any time irrevocably relinquish 
the right provided to it under this subsection by resolution of the 
Northern Cheyenne Tribal Council explicitly so providing.
    (c) Effect of Acceptance of Deed.--Upon the School District's 
acceptance of a deed delivered under this section, the School District, 
and any party who may subsequently acquire any right, title, or 
interest of any kind whatsoever in or to the Subject Lands by or 
through the School District, shall be subject to, be bound by, and 
comply with all terms and conditions set forth in subparagraphs (A) 
through (D) of subsection (b)(1).

SEC. 11. INDIAN AGRICULTURE AMENDMENT.

    (a) Leasing of Indian Agricultural Lands.--Section 105 of the 
American Indian Agriculture Resource Management Act (25 U.S.C. 3701 et 
seq.) is amended--
            (1) in subsection (b)--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) shall approve leases and permits of tribally owned 
        agricultural lands at rates determined by the tribal governing 
        body.''; and
            (2) in subsection (c), by amending paragraph (1) to read as 
        follows: ``(1) Nothing in this section shall be construed as 
        limiting or altering the authority or right of an individual 
        allottee or Indian tribe in the legal or beneficial use of his, 
        her, or its own land or to enter into an agricultural lease of 
        the surface interest of his, her, or its allotment or land 
        under any other provision of law.''.
    (b) Tribal Immunity.--The American Indian Agriculture Resource 
Management Act (25 U.S.C. 3701 et seq.) is amended by adding at the end 
the following:

``SEC. 306. TRIBAL IMMUNITY.

    ``Nothing in this Act shall be construed to affect, modify, 
diminish, or otherwise impair the sovereign immunity from suit enjoyed 
by Indian tribes.''.

SEC. 12. INDIAN HEALTH AMENDMENT.

    Section 4(n) of the Indian Health Care Improvement Act (25 U.S.C. 
1603(n)) is amended to read as follows:
    ``(n) `Health profession' means allopathic medicine, family 
medicine, internal medicine, pediatrics, geriatric medicine, obstetrics 
and gynecology, podiatric medicine, nursing, public health nursing, 
dentistry, psychiatry, osteopathy, optometry, pharmacy, psychology, 
public health, social work, marriage and family therapy, chiropractic 
medicine, environmental health and engineering, allied health 
professions, and other health professions.''.

SEC. 13. SAN CARLOS APACHE WATER RIGHTS SETTLEMENT ACT OF 1992.

    Section 3711(b)(1) of title XXXVII of the San Carlos Apache Tribe 
Water Rights Settlement Act of 1992 (106 Stat. 4752) is amended by 
striking out ``December 31, 1994'' and inserting in lieu thereof 
``December 31, 1995''.

SEC. 14. RELATIONSHIP BETWEEN BUY INDIAN ACT AND MENTOR-PROTEGE 
              PROGRAM.

    Section 23 of the Act of June 25, 1910 (36 Stat. 861; 25 U.S.C. 47; 
commonly referred to as the ``Buy Indian Act''), is amended by adding 
at the end the following: ``Participation in the Mentor-Protege Program 
established under section 831 of Public Law 101-510 or receipt of 
assistance pursuant to any developmental assistance agreement 
authorized under such program does not render Indian labor or Indian 
industry ineligible to receive any assistance authorized under this 
proviso. For the purposes of this proviso, (i) no determination of 
affiliation or control (either direct or indirect) may be found between 
a protege firm and its mentor firm on the basis that the mentor firm 
has agreed to furnish (or has furnished) to its protege firm pursuant 
to a mentor-protege agreement any form of developmental assistance 
described in subsection (f) of such section, and (ii) the terms 
`protege firm' and `mentor firm' have the meaning given such terms in 
subsection (c) of such section 831.''.

SEC. 15. ACQUISITION OF LANDS ON WIND RIVER RESERVATION.

    (a) Authority To Hold Lands in Trust for the Individual Tribe.--The 
Secretary of the Interior is hereby authorized to acquire individually 
in the name of the United States in trust for the benefit of the 
Eastern Shoshone Tribe of the Wind River Reservation or the Northern 
Arapaho Tribe of the Wind River Reservation, as appropriate, lands or 
other rights when the individual assets of only one of the tribes is 
used to acquire such lands or other rights.
    (b) Lands Remain Part of Joint Reservation Subject to Exclusive 
Tribal Control.--Any lands acquired under subsection (a) within the 
exterior boundaries of the Wind River Reservation shall remain a part 
of the Reservation and subject to the joint tribal laws of the 
Reservation, except that the lands so acquired shall be subject to the 
exclusive use and control of the tribe for which such lands were 
acquired.
    (c) Income.--The income from lands acquired under subsection (a) 
shall be credited to the Tribe for which such lands were acquired.
    (d) Savings Provision.--Nothing in this section shall be construed 
to prevent the joint acquisition of lands for the benefit of the 
Eastern Shoshone Tribe of the Wind River Reservation and the Northern 
Arapaho Tribe of the Wind River Reservation.

            Passed the House of Representatives August 16, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.