[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 325 Referred in House (RFH)]

  1st Session
                                 S. 325


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 13, 1995

    Referred to the Committee on Resources, and in addition to the 
  Committees on Economic and Educational Opportunities, Commerce, the 
Judiciary, and Agriculture, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 AN ACT


 
   To make certain technical corrections in laws relating to Native 
                   Americans, and for other purposes.

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

SECTION 1. CORRECTION TO POKAGON RESTORATION ACT.

    Section 9 of the Act entitled ``An Act to restore Federal services 
to the Pokagon Band of Potawatomi Indians'' (25 U.S.C. 1300j-7a) is 
amended--
            (1) by striking ``Bands'' each place it appears and 
        inserting ``Band'';
            (2) in subsection (a), by striking ``respective''; and
            (3) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in the first sentence--
                                    (I) by striking ``membership rolls 
                                that contain'' and inserting ``a 
                                membership roll that contains''; and
                                    (II) by striking ``in such'' and 
                                inserting ``in the''; and
                            (ii) in the second sentence, by striking 
                        ``Each such'' and inserting ``The'';
                    (B) in paragraph (2)--
                            (i) by striking ``rolls have'' and 
                        inserting ``roll has''; and
                            (ii) by striking ``such rolls'' and 
                        inserting ``such roll'';
                    (C) in the heading for paragraph (3), by striking 
                ``rolls'' and inserting ``roll''; and
                    (D) in paragraph (3), by striking ``rolls are 
                maintained'' and inserting ``roll is maintained''.

SEC. 2. CORRECTION TO ODAWA AND OTTAWA RESTORATION ACT.

    (a) Reaffirmation of Rights.--The heading of section 5(b) of the 
Little Traverse Bay Bands of Odawa and the Little River Band of Ottawa 
Indians Act (25 U.S.C. 1300k-3) is amended by striking ``Tribe'' and 
inserting ``Bands''.
    (b) Membership List.--Section 9 of the Little Traverse Bay Bands of 
Odawa and the Little River Band of Ottawa Indians Act (25 U.S.C. 1300k-
7) is amended--
            (1) in subsection (a)--
                    (A) by striking ``Band'' the first place it appears 
                and inserting ``Bands''; and
                    (B) by striking ``the Band.'' and inserting ``the 
                respective Bands.''; and
            (2) in subsection (b)(1)--
                    (A) in the first sentence, by striking ``the Band 
                shall submit to the Secretary membership rolls that 
                contain the names of all individuals eligible for 
                membership in such Band'' and inserting ``each of the 
                Bands shall submit to the Secretary a membership roll 
                that contains the names of all individuals that are 
                eligible for membership in such Band''; and
                    (B) in the second sentence, by striking ``The Band, 
                in consultation'' and inserting ``Each such Band, in 
                consultation''.

SEC. 3. FEDERAL EMPLOYEES CONTRACTING OR TRADING WITH INDIANS.

    (a) Repeal.--Section 437 of title 18, United States Code, is 
repealed.
    (b) Conforming Amendment.--The table of sections at the beginning 
of chapter 23 of title 18, United States Code, is amended by striking 
the item relating to section 437.
    (c) Effective Date.--The repeal made by subsection (a) shall--
            (1) take effect on the date of enactment of this Act; and
            (2) apply with respect to any contract obtained, and any 
        purchase or sale occurring, on or after the date of enactment 
        of this Act.

SEC. 4. INDIAN DAMS SAFETY ACT OF 1994.

    Section 4(h) of the Indian Dams Safety Act of 1994 (108 Stat. 1562) 
is amended by striking ``(under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b(e)), as amended,'' and 
inserting ``under the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.)''.

SEC. 5. PASCUA YAQUI INDIANS OF ARIZONA.

    Section 4(b) of the Act entitled ``An Act to provide for the 
extension of certain Federal benefits, services, and assistance to the 
Pascua Yaqui Indians of Arizona, and for other purposes'' (25 U.S.C. 
1300f-3(b)) is amended by striking ``Pascua Yaqui tribe'' and inserting 
``Pascua Yaqui Tribe''.

SEC. 6. INDIAN LANDS OPEN DUMP CLEANUP ACT OF 1994.

    Section 3(7) of the Indian Lands Open Dump Cleanup Act of 1994 (108 
Stat. 4165) is amended by striking ``under section 6944 of the Solid 
Waste Disposal Act (42 U.S.C. 6941 et seq.)'' and inserting ``under 
section 4004 of the Solid Waste Disposal Act (42 U.S.C. 6944)''.

SEC. 7. AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM ACT OF 1994.

    (a) Maintenance of Records.--Section 303(c)(5)(D) of the American 
Indian Trust Fund Management Reform Act of 1994 (108 Stat. 4247) is 
amended by striking ``made under paragraph (3)(B)'' and inserting 
``made under subparagraph (C)''.
    (b) Advisory Board.--Section 306(d) of the Indian Trust Fund 
Management Reform Act (25 U.S.C. 4046(d)) is amended by striking 
``Advisory Board'' and inserting ``advisory board''.

SEC. 8. INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT.

    (a) Definitions.--Section 4(j) of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b(j)) is amended by striking 
``That except as provided the last proviso in section 105(a) of this 
Act,'' and inserting ``That except as provided in paragraphs (1) and 
(3) of section 105(a),''.
    (b) Carryover Funding.--Section 8 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 13a) is amended by striking 
``the provisions of section 106(a)(3)'' and inserting ``the provisions 
of section 106(a)(4)''.
    (c) Repayment of Funds.--Section 5(d) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450c(d)) is 
amended by striking ``106(a)(3) of this Act'' and inserting 
``106(a)(4)''.
    (d) Self-Determination Contracts.--The first sentence of the flush 
material immediately following subparagraph (E) of section 102(a)(2) of 
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450f(a)(2)) is amended by striking ``the second sentence of this 
subsection'' and inserting ``the second sentence of this paragraph''.
    (e) Contract or Grant Provisions and Administration.--Section 
105(a)(3)(C)(ii) of the Indian Self-Determination and Education 
Assistance Act (42 U.S.C. 450j(a)(3)(C)(ii)) is amended--
            (1) in subclause (VII), by striking ``chapter 483'' and 
        inserting ``chapter 482''; and
            (2) in subclause (IX), by striking ``The Service Control 
        Act of 1965'' and inserting ``The Service Contract Act of 
        1965''.
    (f) Approval of Construction Contracts.--Section 105(m)(4)(C)(v) of 
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450j(m)(4)(C)(v)) is amended by striking ``sections 102(a)(2) and 
102(b) of section 102'' and inserting ``subsections (a)(2) and (b) of 
section 102''.

SEC. 9. INDIAN SELF-DETERMINATION CONTRACT REFORM ACT OF 1994.

    Section 102(11) of the Indian Self-Determination Contract Reform 
Act of 1994 (108 Stat. 4254) is amended by striking ``subsection (e)'' 
and inserting ``subsection (e) of section 105''.

SEC. 10. AUBURN INDIAN RESTORATION.

    (a) Economic Development.--Section 203 of the Auburn Indian 
Restoration Act (25 U.S.C. 1300l-1) is amended--
            (1) in subsection (a)(2), by striking ``as provided in 
        section 107'' and inserting ``as provided in section 207''; and
            (2) in subsection (b), by striking ``section 104'' and 
        inserting ``section 204''.
    (b) Interim Government.--The last sentence of section 206 of the 
Auburn Indian Restoration Act (25 U.S.C. 1300l-4) is amended by 
striking ``Interim council'' and inserting ``Interim Council''.

SEC. 11. CROW BOUNDARY SETTLEMENT ACT OF 1994.

    (a) Enforcement.--Section 5(b)(3) of the Crow Boundary Settlement 
Act of 1994 (108 Stat. 4636) is amended by striking ``provisions of 
subsection (b)'' and inserting ``provisions of this subsection''.
    (b) Applicability.--Section 9 of the Crow Boundary Settlement Act 
of 1994 (108 Stat. 4640) is amended by striking ``The Act'' and 
inserting ``This Act''.
    (c) Escrow Funds.--Section 10(b) of the Crow Boundary Settlement 
Act of 1994 (108 Stat. 4641) is amended by striking ``(collectively 
referred to in this subsection as the `Suspension Accounts')'' and 
inserting ``(collectively referred to in this section as the 
`Suspension Accounts')''.

SEC. 12. TLINGIT AND HAIDA STATUS CLARIFICATION ACT.

    The first sentence of section 205 of the Tlingit and Haida Status 
Clarification Act (25 U.S.C. 1215) is amended by striking ``Indian 
tribes'' and inserting ``Indian Tribes''.

SEC. 13. NATIVE AMERICAN LANGUAGES ACT.

    Section 103 of the Native American Languages Act (25 U.S.C. 2902) 
is amended--
            (1) in paragraph (2), by striking ``under section 5351(4) 
        of the Indian Education Act of 1988 (25 U.S.C. 2651(4))'' and 
        inserting ``under section 9161(4) of the Improving America's 
        Schools Act of 1994 (20 U.S.C. 7881(4))''; and
            (2) in paragraph (3), by striking ``section 4009 of Public 
        Law 100-297 (20 U.S.C. 4909)'' and inserting ``section 9212(1) 
        of the Improving America's Schools Act of 1994 (20 U.S.C. 
        7912(1))''.

SEC. 14. PONCA RESTORATION ACT.

    Section 5 of the Ponca Restoration Act (25 U.S.C. 983c) is 
amended--
            (1) by inserting ``Sarpy, Burt, Platte, Stanton, Holt, 
        Hall, Wayne,'' before ``Knox''; and
            (2) by striking ``or Charles Mix County'' and inserting ``, 
        Woodbury or Pottawattomie Counties of Iowa, or Charles Mix 
        County''.

SEC. 15. YAVAPAI-PRESCOTT INDIAN TRIBE WATER RIGHTS SETTLEMENT ACT OF 
              1994.

    Section 112(b) of the Yavapai-Prescott Indian Tribe Water Rights 
Settlement Act of 1994 (108 Stat. 4532) is amended by striking 
``December 31, 1995'' and inserting ``June 30, 1996''.

SEC. 16. INDIAN HEALTH CARE IMPROVEMENT ACT.

    (a) Definition of Health Profession.--Section 4(n) of the Indian 
Health Care Improvement Act (25 U.S.C. 1603(n)) is amended--
            (1) by inserting ``allopathic medicine,'' before ``family 
        medicine''; and
            (2) by striking ``and allied health professions'' and 
        inserting ``an allied health profession, or any other health 
        profession.''.
    (b) Indian Health Professions Scholarships.--Section 104(b) of the 
Indian Health Care Improvement Act (25 U.S.C. 1613a(b)) is amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (A)--
                            (i) by striking the matter preceding clause 
                        (i) and inserting the following:
    ``(3)(A) The active duty service obligation under a written 
contract with the Secretary under section 338A of the Public Health 
Service Act (42 U.S.C. 254l) that an individual has entered into under 
that section shall, if that individual is a recipient of an Indian 
Health Scholarship, be met in full-time practice, by service--'';
                            (ii) by striking ``or'' at the end of 
                        clause (iii);
                            (iii) by striking the period at the end of 
                        clause (iv) and inserting ``; or''; and
                            (iv) by adding at the end the following new 
                        clause:
            ``(v) in an academic setting (including a program that 
        receives funding under section 102, 112, or 114, or any other 
        academic setting that the Secretary, acting through the 
        Service, determines to be appropriate for the purposes of this 
        clause) in which the major duties and responsibilities of the 
        recipient are the recruitment and training of Indian health 
        professionals in the discipline of that recipient in a manner 
        consistent with the purpose of this title, as specified in 
        section 101.'';
                    (B) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (C) and (D), respectively;
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph:
    ``(B) At the request of any individual who has entered into a 
contract referred to in subparagraph (A) and who receives a degree in 
medicine (including osteopathic or allopathic medicine), dentistry, 
optometry, podiatry, or pharmacy, the Secretary shall defer the active 
duty service obligation of that individual under that contract, in 
order that such individual may complete any internship, residency, or 
other advanced clinical training that is required for the practice of 
that health profession, for an appropriate period (in years, as 
determined by the Secretary), subject to the following conditions:
            ``(i) No period of internship, residency, or other advanced 
        clinical training shall be counted as satisfying any period of 
        obligated service that is required under this section.
            ``(ii) The active duty service obligation of that 
        individual shall commence not later than 90 days after the 
        completion of that advanced clinical training (or by a date 
        specified by the Secretary).
            ``(iii) The active duty service obligation will be served 
        in the health profession of that individual, in a manner 
        consistent with clauses (i) through (v) of subparagraph (A).'';
                    (D) in subparagraph (C), as so redesignated, by 
                striking ``prescribed under section 338C of the Public 
                Health Service Act (42 U.S.C. 254m) by service in a 
                program specified in subparagraph (A)'' and inserting 
                ``described in subparagraph (A) by service in a program 
                specified in that subparagraph''; and
                    (E) in subparagraph (D), as so redesignated--
                            (i) by striking ``Subject to subparagraph 
                        (B),'' and inserting ``Subject to subparagraph 
                        (C),''; and
                            (ii) by striking ``prescribed under section 
                        338C of the Public Health Service Act (42 
                        U.S.C. 254m)'' and inserting ``described in 
                        subparagraph (A)'';
            (2) in paragraph (4)--
                    (A) in subparagraph (B), by striking the matter 
                preceding clause (i) and inserting the following:
            ``(B) the period of obligated service described in 
        paragraph (3)(A) shall be equal to the greater of--''; and
                    (B) in subparagraph (C), by striking ``(42 U.S.C. 
                254m(g)(1)(B))'' and inserting ``(42 U.S.C. 
                254l(g)(1)(B))'';
            (3) in paragraph (5), by adding at the end the following 
        new subparagraphs:
    ``(C) Upon the death of an individual who receives an Indian Health 
Scholarship, any obligation of that individual for service or payment 
that relates to that scholarship shall be canceled.
    ``(D) The Secretary shall provide for the partial or total waiver 
or suspension of any obligation of service or payment of a recipient of 
an Indian Health Scholarship if the Secretary determines that--
            ``(i) it is not possible for the recipient to meet that 
        obligation or make that payment;
            ``(ii) requiring that recipient to meet that obligation or 
        make that payment would result in extreme hardship to the 
        recipient; or
            ``(iii) the enforcement of the requirement to meet the 
        obligation or make the payment would be unconscionable.
    ``(E) Notwithstanding any other provision of law, in any case of 
extreme hardship or for other good cause shown, the Secretary may 
waive, in whole or in part, the right of the United States to recover 
funds made available under this section.
    ``(F) Notwithstanding any other provision of law, with respect to a 
recipient of an Indian Health Scholarship, no obligation for payment 
may be released by a discharge in bankruptcy under title 11, United 
States Code, unless that discharge is granted after the expiration of 
the 5-year period beginning on the initial date on which that payment 
is due, and only if the bankruptcy court finds that the nondischarge of 
the obligation would be unconscionable.''.
    (c) Reimbursement From Certain Third Parties of Costs of Health 
Services.--Section 206 of the Indian Health Care Improvement Act (16 
U.S.C. 1621e) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``Except as provided'' and 
                        inserting ``(a) Right of Recovery.--Except as 
                        provided'';
                            (ii) by striking ``the reasonable expenses 
                        incurred'' and inserting ``the reasonable 
                        charges billed'';
                            (iii) by striking ``in providing'' and 
                        inserting ``for providing''; and
                            (iv) by striking ``for such expenses'' and 
                        inserting ``for such charges''; and
                    (B) in paragraph (2), by striking ``such expenses'' 
                each place it appears and inserting ``such charges'';
            (2) in subsection (b), by striking ``(b) Subsection (a)'' 
        and inserting ``(b) Recovery Against State With Workers' 
        Compensation Laws or No-Fault Automobile Accident Insurance 
        Program.--Subsection (a)'';
            (3) in subsection (c), by striking ``(c) No law'' and 
        inserting ``(c) Prohibition of State Law or Contract Provision 
        Impediment to Right of Recovery.--No law'';
            (4) in subsection (d), by striking ``(d) No action'' and 
        inserting ``(d) Right to Damages.--No action'';
            (5) in subsection (e)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``(e) The United States'' and inserting ``(e) 
                Intervention or Separate Civil Action.--The United 
                States''; and
                    (B) by striking paragraph (2) and inserting the 
                following new paragraph:
            ``(2) while making all reasonable efforts to provide notice 
        of the action to the individual to whom health services are 
        provided prior to the filing of the action, instituting a civil 
        action.'';
            (6) in subsection (f), by striking ``(f) The United 
        States'' and inserting ``(f) Services Covered Under a Self-
        Insurance Plan.--''; and
            (7) by adding at the end the following new subsections:
    ``(g) Costs of Action.--In any action brought to enforce this 
section, the court shall award any prevailing plaintiff costs, 
including attorneys' fees that were reasonably incurred in that action.
    ``(h) Right of Recovery for Failure To Provide Reasonable 
Assurances.--The United States, an Indian tribe, or a tribal 
organization shall have the right to recover damages against any 
fiduciary of an insurance company or employee benefit plan that is a 
provider referred to in subsection (a) who--
            ``(1) fails to provide reasonable assurances that such 
        insurance company or employee benefit plan has funds that are 
        sufficient to pay all benefits owed by that insurance company 
        or employee benefit plan in its capacity as such a provider; or
            ``(2) otherwise hinders or prevents recovery under 
        subsection (a), including hindering the pursuit of any claim 
        for a remedy that may be asserted by a beneficiary or 
        participant covered under subsection (a) under any other 
        applicable Federal or State law.''.

SEC. 17. REVOCATION OF CHARTER OF INCORPORATION OF THE MINNESOTA 
              CHIPPEWA TRIBE UNDER THE INDIAN REORGANIZATION ACT.

    The request of the Minnesota Chippewa Tribe to surrender the 
charter of incorporation issued to that tribe on September 17, 1937, 
pursuant to section 17 of the Act of June 18, 1934, commonly known as 
the ``Indian Reorganization Act'' (48 Stat. 988, chapter 576; 25 U.S.C. 
477) is hereby accepted and that charter of incorporation is hereby 
revoked.

SEC. 18. LAND GRANT STATUS FOR 1994 INSTITUTIONS.

    Section 533(c) of the Equity in Educational Land-Grant Status Act 
of 1994 (7 U.S.C. 301 note) is amended--
            (1) in paragraph (4)(A), by striking the ``Indian student 
        count (as defined in section 390(3) of the Carl D. Perkins 
        Vocational and Applied Technology Education Act (20 U.S.C. 
        2397h(3))'' and inserting ``Indian student count, as determined 
        under paragraph (5)''; and
            (2) by adding at the end the following new paragraph:
            ``(5) Indian student count.--For purposes of paragraph (4), 
        the Indian student count shall be--
                    ``(A) for the 1994 Institutions listed in 
                paragraphs (24), (25), and (27) of section 522, 
                determined for those institutions in the same manner as 
                an Indian student count is determined for tribally 
                controlled community colleges pursuant to the 
                definition of `Indian student count' under section 2(7) 
                of the Tribally Controlled Community College Assistance 
                Act of 2978 (25 U.S.C. 1801(7)); and
                    ``(B) for all of the remaining 1994 Institutions 
                listed in section 522, determined in accordance with 
                the definition of `Indian student count' under section 
                390(3) of the Carl D. Perkins Vocational and Applied 
                Technology Education Act (20 U.S.C. 2397h(3)).''.

SEC. 19. ADVISORY COUNCIL ON CALIFORNIA INDIAN POLICY ACT OF 1992.

    Section 5(6) of the Advisory Council on California Indian Policy 
Act of 1992 (106 Stat. 2133; 25 U.S.C. 651 note) is amended by striking 
``18 months'' and inserting ``36 months''.

SEC. 20. SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT ACT OF 1992.

    Section 3711(b)(1) of the San Carlos Apache Tribe Water Rights 
Settlement Act of 1992 (title XXXVII of Public Law 102-575) is amended 
by striking ``December 31, 1995'' and inserting ``December 31, 1996''.

SEC. 21. IN-LIEU FISHING SITE TRANSFER AUTHORITY.

    Section 401 of Public Law 100-581 (102 Stat. 2944-2945) is amended 
by adding at the end the following new subsection:
    ``(g) The Secretary of the Army is authorized to transfer funds to 
the Department of the Interior to be used for purposes of the continued 
operation and maintenance of sites improved or developed under this 
section.''.

SEC. 22. ADOLESCENT TRANSITIONAL LIVING FACILITY.

    Notwithstanding any other provision of law, any funds that were 
provided to the Ponca Indian Tribe of Nebraska for any of the fiscal 
years 1992 through 1995, and that were retained by that Indian tribe, 
pursuant to a self-determination contract with the Secretary of Health 
and Human Services that the Indian tribe entered into under section 102 
of the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450f) to carry out programs and functions of the Indian Health 
Service may be used by that Indian tribe to acquire, develop, and 
maintain a transitional living facility for adolescents, including land 
for that facility.

            Passed the Senate October 31, 1995.

            Attest:

                                             KELLY D. JOHNSTON,

                                                             Secretary.

S 325 RFH----2