[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4068 Engrossed in House (EH)]


  2d Session

                               H. R. 4068

_______________________________________________________________________

                                 AN ACT

   To make certain technical corrections in laws relating to Native 
                   Americans, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                H. R. 4068

_______________________________________________________________________

                                 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. AUTHORIZATION FOR 99-YEAR LEASES.

    The second sentence of subsection (a) of 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 purposes requiring the grant of long-term leases'', 
approved August 9, 1955 (25 U.S.C. 415(a)), is amended--
            (1) by inserting ``lands held in trust for the Confederated 
        Tribes of the Grand Ronde Community of Oregon,'' after ``lands 
        held in trust for the Cahuilla Band of Indians of 
        California,''; and
            (2) by inserting ``the Cabazon Indian Reservation,'' after 
        ``the Navajo Reservation,''.

SEC. 2. GRAND RONDE RESERVATION ACT.

    Section 1(c) 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 (25 U.S.C. 
713f note; 102 Stat. 1594), is amended--
            (1) by striking ``10,120.68 acres of land'' and inserting 
        ``10,311.60 acres of land''; and
            (2) by striking all in the table after:

                      ``4                           7      30    Lots 3, 4, SW\1/4\NW\1/4\, SE\1/         240;''
                                                                  4\NE\1/4\, E\1/2\SW\1/4\

        and inserting the following:

                      ``6                           8       1    N\1/2\SW\1/4\                             29.59
                        6                           8      12    W\1/2\SW\1/4\NE\1/4\, SE\1/4\SW\1/        21.70
                                                                  4\NE\1/4\NW\1/4\, N\1/2\SE\1/
                                                                  4\NW\1/4\, N\1/2\SW\1/4\SW\1/
                                                                  4\SE\1/4\
                        6                           8      13    W\1/2\E\1/2\NW\1/4\NW\1/4\                 5.31
                        6                           7       7    E\1/2\E\1/2\                              57.60
                        6                           7       8    SW\1/4\SW\1/4\NW\1/4\, W\1/2\SW\1/        22.46
                                                                  4\
                        6                           7      17    NW\1/4\NW\1/4\, N\1/2\SW\1/4\NW\1/        10.84
                                                                  4\
                        6                           7      18    E\1/2\NE\1/4\                             43.42
                                                                                                    ------------
                                                                                    Total            10,311.60''

SEC. 3. NAVAJO-HOPI LAND DISPUTE SETTLEMENT ACT.

    Section 12 of the Navajo-Hopi Land Dispute Settlement Act of 1996 
(110 Stat. 3653) is amended--
            (1) in subsection (a)(1)(C), by inserting ``of surface 
        water'' after ``on such lands''; and
            (2) in subsection (b), by striking ``subsection (a)(3)'' 
        each place it appears and inserting ``subsection (a)(1)(C)''.

SEC. 4. TREATMENT OF CERTAIN DEMONSTRATION PROJECTS.

    (a) In General.--The Secretary of the Interior shall take such 
action as may be necessary to extend the terms of the projects referred 
to in section 512 of the Indian Health Care Improvement Act (25 U.S.C. 
1660b) so that the term of each such project expires on October 1, 
2002.
    (b) Amendment to Indian Health Care Improvement Act.--Section 512 
of the Indian Health Care Improvement Act (25 U.S.C. 1660b) is amended 
by adding at the end the following:
    ``(c) In addition to the amounts made available under section 514 
to carry out this section through fiscal year 2000, there are 
authorized to be appropriated such sums as may be necessary to carry 
out this section for each of fiscal years 2001 and 2002.''.

SEC. 5. CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND SIUSLAW INDIANS 
              RESERVATION ACT.

    Section 7(b) of the Coos, Lower Umpqua, and Siuslaw Restoration Act 
(25 U.S.C. 714e(b)) is amended by adding at the end the following:
            ``(4) In Lane County, Oregon, a parcel described as 
        beginning at the common corner to sections 23, 24, 25, and 26 
        township 18 south, range 12 west, Willamette Meridian; then 
        west 25 links; then north 2 chains and 50 links; then east 25 
        links to a point on the section line between sections 23 and 
        24; then south 2 chains and 50 links to the place of origin, 
        and containing .062 of an acre, more or less, situated and 
        lying in section 23, township 18 south, range 12 west, of 
        Willamette Meridian.''.

SEC. 6. HOOPA VALLEY RESERVATION BOUNDARY ADJUSTMENT.

    Section 2(b) of the Hoopa Valley Reservation South Boundary 
Adjustment Act (25 U.S.C. 1300i-1 note) is amended--
            (1) by striking ``north 72 degrees 30 minutes east'' and 
        inserting ``north 73 degrees 50 minutes east''; and
            (2) by striking ``south 15 degrees 59 minutes east'' and 
        inserting ``south 14 degrees 36 minutes east''.

SEC. 7. CLARIFICATION OF SERVICE AREA FOR CONFEDERATED TRIBES OF SILETZ 
              INDIANS OF OREGON.

    Section 2 of the Act entitled ``An Act to establish a reservation 
for the Confederated Tribes of Siletz Indians of Oregon'', approved 
September 4, 1980 (25 U.S.C. 711e note; 94 Stat. 1073), is amended by 
adding at the end the following:
    ``(c) Subject to the express limitations under sections 4 and 5, 
for purposes of determining eligibility for Federal assistance 
programs, the service area of the Confederated Tribes of the Siletz 
Indians of Oregon shall include Benton, Clackamas, Lane, Lincoln, Linn, 
Marion, Multnomah, Polk, Tillamook, Washington, and Yamhill Counties in 
Oregon.''.

SEC. 8. LOWER SIOUX INDIAN COMMUNITY.

    Notwithstanding any other provision of law, the Lower Sioux Indian 
Community in Minnesota is hereby authorized to sell, convey, and 
warrant to a buyer, without further approval of the United States, all 
the Community's interest in the following real property located in 
Redwood County, Minnesota:
        A tract of land located in the Northeast Quarter (NE\1/4\) of 
        Section Five (5), Township One Hundred Twelve (112) North, 
        Range Thirty-five (35) West, County of Redwood and State of 
        Minnesota, described as follows: Commencing at the north 
        quarter corner of Section 5 in Township 112 North, Range 35 
        West of the 5th Principal Meridian; thence east a distance of 
        678 feet; thence south a distance of 650 feet; thence South 45 
        degrees West a distance of 367.7 feet; thence west a distance 
        of 418 feet to a point situated on the north and south quarter 
        line of said Section 5; thence north a distance of 910 feet to 
        the place of beginning, subject to highway easements of record, 
        and containing 13.38 acres, more or less.
Nothing in this section is intended to authorize the Lower Sioux Indian 
Community in Minnesota to sell any of its lands that are held in trust 
by the United States.

SEC. 9. FEDERAL TRUST EMPLACEMENT OF TRIBAL LANDS.

    The Cow Creek Band of Umpqua Tribe of Indians Recognition Act (25 
U.S.C. 712 et seq.) is amended by adding at the end the following new 
section:

``SEC. 7. CERTAIN PROPERTY TAKEN INTO TRUST.

    ``The Secretary of the Interior shall accept title to 2000 acres of 
real property and may accept title to any additional number of acres of 
real property located in Umpqua River watershed upstream from 
Scottsburg, Oregon, or the northern slope of the Rogue River watershed 
upstream from Agness, Oregon, if such real property is conveyed or 
otherwise transferred to the United States by or on behalf of the 
Tribe. The Secretary shall take into trust for the benefit of the Tribe 
all real property conveyed or otherwise transferred to the United 
States pursuant to this section. Real property taken into trust 
pursuant to this section shall become part of the Tribe's reservation. 
Real property taken into trust pursuant to this section shall not be 
considered to have been taken into trust for gaming (as that term is 
used in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).''.

SEC. 10. AMENDMENTS TO THE JICARILLA APACHE TRIBE WATER RIGHTS 
              SETTLEMENT ACT.

    (a) Section 8(e)(3) of the Jicarilla Apache Tribe Water Rights 
Settlement Act, as amended by Public Law 104-261, is further amended by 
striking ``December 31, 1998'' and inserting in lieu thereof ``December 
31, 2000''.
    (b) The Jicarilla Apache Tribe Water Rights Settlement Act (Public 
Law 102-441) is amended by adding at the end the following new section:

``SEC. 12. APPROVAL OF STIPULATION.

    ``Notwithstanding any other provision of Federal law, including 
section 2116 of the Revised Statutes (25 U.S.C. 177), the Stipulation 
and Settlement Agreement, dated October 7, 1997, between the Jicarilla 
Apache Tribe and other parties to State of New Mexico v. Aragon, No. 
CIV-7941 JC, U.S. Dist. Ct., D.N.M., approved by the United States 
District Court in that proceeding, is hereby approved.''.

SEC. 11. SAN LUIS REY INDIAN WATER RIGHTS SETTLEMENT ACT.

    Section 105(c) of the San Luis Rey Indian Water Rights Settlement 
Act (Public Law 100-675; 102 Stat. 4000), as amended by section 117 of 
the Department of the Interior and Related Agencies Appropriations Act, 
1992 (Public Law 102-154; 105 Stat. 1012-1013), is amended--
            (1) by inserting ``(1)'' before ``Until''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Notwithstanding paragraph (1), prior to completion of the 
final settlement and as soon as feasible, the Secretary is authorized 
and directed to disburse a total of $8,000,000, of which $1,600,000 
will go to each of the Bands, from the interest income which has 
accrued to the Fund. The disbursed funds shall be invested or used for 
economic development of the Bands, the Bands' reservation land, and 
their members and may not be used for per capita payments to members of 
any Band. The United States shall not be liable for any claim or causes 
of action arising from the Bands' use or expenditure of moneys 
distributed from the Fund.''.

SEC. 12. NATIVE HAWAIIAN HEALTH SCHOLARSHIP PROGRAM.

    (a) Eligibility.--Section 10(a)(1) of the Native Hawaiian Health 
Care Improvement Act (42 U.S.C. 11709(a)(1)) is amended by striking 
``meet the requirements of section 338A of the Public Health Service 
Act (42 U.S.C. 2541)'' and inserting ``meet the requirements of 
paragraphs (1), (3), and (4) of section 338A(b) of the Public Health 
Service Act (42 U.S.C. 254l(b))''.
    (b) Terms and Conditions.--Section 10(b)(1) of the Native Hawaiian 
Health Care Improvement Act (42 U.S.C. 11709(b)(1)) is amended--
            (1) in subparagraph (A), by inserting ``identified in the 
        Native Hawaiian comprehensive health care master plan 
        implemented under section 4'' after ``health care 
        professional'';
            (2) by redesignating subparagraphs (B) through (D) as 
        subparagraphs (C) through (E), respectively;
            (3) by inserting after subparagraph (A) the following:
            ``(B) the primary health services covered under the 
        scholarship assistance program under this section shall be the 
        services included under the definition of that term under 
        section 12(8);'';
            (4) by striking subparagraph (D), as redesignated, and 
        inserting the following:
            ``(D) the obligated service requirement for each 
        scholarship recipient shall be fulfilled through the full-time 
        clinical or nonclinical practice of the health profession of 
        the scholarship recipient, in an order of priority that would 
        provide for practice--
                    ``(i) first, in any 1 of the 5 Native Hawaiian 
                health care systems; and
                    ``(ii) second, in--
                            ``(I) a health professional shortage area 
                        or medically underserved area located in the 
                        State of Hawaii; or
                            ``(II) a geographic area or facility that 
                        is--
                                    ``(aa) located in the State of 
                                Hawaii; and
                                    ``(bb) has a designation that is 
                                similar to a designation described in 
                                subclause (I) made by the Secretary, 
                                acting through the Public Health 
                                Service;'';
            (5) in subparagraph (E), as redesignated, by striking the 
        period and inserting a comma; and
            (6) by adding at the end the following:
            ``(F) the obligated service of a scholarship recipient 
        shall not be performed by the recipient through membership in 
        the National Health Service Corps; and
            ``(G) the requirements of sections 331 through 338 of the 
        Public Health Service Act (42 U.S.C. 254d through 254k), 
        section 338C of that Act (42 U.S.C. 254m), other than 
        subsection (b)(5) of that section, and section 338D of that Act 
        (42 U.S.C. 254n) applicable to scholarship assistance provided 
        under section 338A of that Act (42 U.S.C. 254l) shall not apply 
        to the scholarship assistance provided under subsection (a) of 
        this section.''.

SEC. 13. MISCELLANEOUS TECHNICAL CORRECTIONS.

    (a) Authorization.--Section 711(h) of the Indian Health Care 
Improvement Act (25 U.S.C. 1665j(h)) is amended by striking ``of the 
fiscal years'' and inserting ``of fiscal years''.
    (b) Reference.--Section 4(12)(B) of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(12)(B)) 
is amended by striking ``Indian Self-Determination and Education 
Assistance Act of 1975'' and inserting ``Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.)''.

SEC. 14. REPEAL.

    Section 326(d)(1) of Public Law 105-83 is repealed and section 
1004(a) of Public Law 104-324 is amended by inserting ``sale or'' 
before ``use''.

            Passed the House of Representatives September 23, 1998.

            Attest:

                                                                 Clerk.