[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3031 Reported in Senate (RS)]






                                                       Calendar No. 949
106th CONGRESS
  2d Session
                                S. 3031

                          [Report No. 106-501]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2000

 Mr. Campbell introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

            October 11 (legislative day, September 22), 2000

              Reported by Mr. Campbell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   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,

<DELETED>SECTION 1. TECHNICAL CORRECTION TO AN ACT AFFECTING THE STATUS 
              OF MISSISSIPPI CHOCTAW LANDS AND ADDING SUCH LANDS TO THE 
              CHOCTAW RESERVATION.</DELETED>

<DELETED>    Section 1(a)(2) of Public Law 106-228 (an Act to make 
technical corrections to the status of certain land held in trust for 
the Mississippi Band of Choctaw Indians, to take certain land into 
trust for that Band, and for other purposes) is amended by striking 
``September 28, 1999'' and inserting ``February 7, 2000''.</DELETED>

<DELETED>SEC. 2. TECHNICAL CORRECTIONS CONCERNING THE FIVE CIVILIZED 
              TRIBES OF OKLAHOMA.</DELETED>

<DELETED>    (a) Indian Self-Determination Act.--Section 1(b)(15)(A) of 
the model agreement set forth in section 108(c) of the Indian Self-
Determination Act (25 U.S.C. 450l(c)) is amended--</DELETED>
        <DELETED>    (1) by striking ``and section 16'' and inserting 
        ``, section 16''; and</DELETED>
        <DELETED>    (2) by striking ``shall not'' and inserting ``and 
        the Act of July 3, 1952 (25 U.S.C. 82a), shall not''.</DELETED>
<DELETED>    (b) Indian Self-Determination and Education Assistance 
Act.--Section 403(h)(2) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 458cc(h)(2)) is amended--</DELETED>
        <DELETED>    (1) by striking ``and section'' and inserting 
        ``section''; and</DELETED>
        <DELETED>    (2) by striking ``shall not'' and inserting ``and 
        the Act of July 3, 1952 (25 U.S.C. 82a), shall not''.</DELETED>
<DELETED>    (c) Repeals.--The following provisions of law are 
repealed:</DELETED>
        <DELETED>    (1) Section 2106 of the Revised Statutes (25 
        U.S.C. 84).</DELETED>
        <DELETED>    (2) Sections 438 and 439 of title 18, United 
        States Code.</DELETED>

<DELETED>SEC. 3. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO THE 
              RED LAKE BAND OF CHIPPEWA INDIANS AND THE MINNESOTA 
              CHIPPEWA TRIBES.</DELETED>

<DELETED>    (a) Red Lake Band of Chippewa Indians.--Notwithstanding 
any other provision of law, the balances of all expert assistance loans 
made to the Red Lake Band of Chippewa Indians under the authority of 
Public Law 88-168 (77 Stat. 301), and relating to Red Lake Band v. 
United States (United States Court of Federal Claims Docket Nos. 189 A, 
B, C), are canceled and the Secretary of the Interior shall take such 
action as may be necessary to document such cancellation and to release 
the Red Lake Band of Chippewa Indians from any liability associated 
with such loans.</DELETED>
<DELETED>    (b) Minnesota Chippewa Tribe.--Notwithstanding any other 
provision of law, the balances of all expert assistance loans made to 
the Minnesota Chippewa Tribe under the authority of Public Law 88-168 
(77 Stat. 301), and relating to Minnesota Chippewa Tribe v. United 
States (United States Court of Federal Claims Docket Nos. 19 and 188), 
are canceled and the Secretary of the Interior shall take such action 
as may be necessary to document such cancellation and to release the 
Minnesota Chippewa Tribe from any liability associated with such 
loans.</DELETED>

<DELETED>SEC. 4. TECHNICAL AMENDMENT TO THE INDIAN CHILD PROTECTION AND 
              FAMILY VIOLENCE PROTECTION ACT.</DELETED>

<DELETED>    Section 408(b) of the Indian Child Protection and Family 
Violence Prevention Act (25 U.S.C. 3207(b)) is amended--</DELETED>
        <DELETED>    (1) by striking ``any offense'' and inserting 
        ``any felonious offense, or any of 2 of more misdemeanor 
        offenses,''; and</DELETED>
        <DELETED>    (2) by striking ``or crimes against persons'' and 
        inserting ``crimes against persons; or offenses committed 
        against children''.</DELETED>

<DELETED>SEC. 5. TECHNICAL AMENDMENT REGARDING THE TREATMENT OF CERTAIN 
              INCOME FOR PURPOSES OF FEDERAL ASSISTANCE.</DELETED>

<DELETED>    Notwithstanding any other provision of law, none of the 
funds paid by the State of Minnesota to the Bois Forte Band of Chippewa 
Indians and the Grand Portage Band of Chippewa Indians pursuant to the 
agreement of such Bands' to voluntarily restrict tribal rights to hunt 
and fish in territory ceded under the Treaty of September 30, 1854 (10 
Stat. 1109), including all interest accrued on such funds during any 
period in which such funds are held in a minor's trust, shall be 
considered as income or resources, or otherwise be used as the basis 
for denying or reducing the financial assistance or other benefits to 
which a household or member of such Bands would be entitled to under 
the Social Security Act (42 U.S.C. 301 et seq.), the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1966 (Public 
Law 104-193; 110 Stat. 2105) and the amendments made by such Act, or 
any Federal or Federally assisted program.</DELETED>

<DELETED>SEC. 6. TECHNICAL AMENDMENT TO EXTEND THE AUTHORIZATION PERIOD 
              UNDER THE INDIAN HEALTH CARE IMPROVEMENT ACT.</DELETED>

<DELETED>    The authorization of appropriations for, and the duration 
of, each program or activity under the Indian Health Care Improvement 
Act (25 U.S.C. 1601 et seq.) is extended through fiscal year 
2001.</DELETED>

<DELETED>SEC. 7. TECHNICAL AMENDMENT TO EXTEND THE AUTHORIZATION PERIOD 
              UNDER THE INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION 
              AND TREATMENT ACT OF 1986.</DELETED>

<DELETED>    The authorization of appropriations for, and the duration 
of, each program or activity under the Indian Alcohol and Substance 
Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2401 et seq.) is 
extended through fiscal year 2001.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American Laws Technical 
Corrections Act of 2000''.

              TITLE I--MISCELLANEOUS TECHNICAL PROVISIONS

SEC. 101. TECHNICAL CORRECTION TO AN ACT AFFECTING THE STATUS OF 
              MISSISSIPPI CHOCTAW LANDS AND ADDING SUCH LANDS TO THE 
              CHOCTAW RESERVATION.

    Section 1(a)(2) of Public Law 106-228 (an Act to make technical 
corrections to the status of certain land held in trust for the 
Mississippi Band of Choctaw Indians, to take certain land into trust 
for that Band, and for other purposes) is amended by striking 
``September 28, 1999'' and inserting ``February 7, 2000''.

SEC. 102. TECHNICAL CORRECTIONS CONCERNING THE FIVE CIVILIZED TRIBES OF 
              OKLAHOMA.

    (a) Indian Self-Determination Act.--Section 1(b)(15)(A) of the 
model agreement set forth in section 108(c) of the Indian Self-
Determination Act (25 U.S.C. 450l(c)) is amended--
            (1) by striking ``and section 16'' and inserting ``, 
        section 16''; and
            (2) by striking ``shall not'' and inserting ``and the Act 
        of July 3, 1952 (25 U.S.C. 82a), shall not''.
    (b) Indian Self-Determination and Education Assistance Act.--
Section 403(h)(2) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 458cc(h)(2)) is amended--
            (1) by striking ``and section'' and inserting ``section''; 
        and
            (2) by striking ``shall not'' and inserting ``and the Act 
        of July 3, 1952 (25 U.S.C. 82a), shall not''.
    (c) Repeals.--The following provisions of law are repealed:
            (1) Section 2106 of the Revised Statutes (25 U.S.C. 84).
            (2) Sections 438 and 439 of title 18, United States Code.

SEC. 103. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO THE RED 
              LAKE BAND OF CHIPPEWA INDIANS AND THE MINNESOTA CHIPPEWA 
              TRIBES.

    (a) Red Lake Band of Chippewa Indians.--Notwithstanding any other 
provision of law, the balances of all expert assistance loans made to 
the Red Lake Band of Chippewa Indians under the authority of Public Law 
88-168 (77 Stat. 301), and relating to Red Lake Band v. United States 
(United States Court of Federal Claims Docket Nos. 189 A, B, C), are 
canceled and the Secretary of the Interior shall take such action as 
may be necessary to document such cancellation and to release the Red 
Lake Band of Chippewa Indians from any liability associated with such 
loans.
    (b) Minnesota Chippewa Tribe.--Notwithstanding any other provision 
of law, the balances of all expert assistance loans made to the 
Minnesota Chippewa Tribe under the authority of Public Law 88-168 (77 
Stat. 301), and relating to Minnesota Chippewa Tribe v. United States 
(United States Court of Federal Claims Docket Nos. 19 and 188), are 
canceled and the Secretary of the Interior shall take such action as 
may be necessary to document such cancellation and to release the 
Minnesota Chippewa Tribe from any liability associated with such loans.

SEC. 104. TECHNICAL AMENDMENT TO THE INDIAN CHILD PROTECTION AND FAMILY 
              VIOLENCE PROTECTION ACT.

    Section 408(b) of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3207(b)) is amended--
            (1) by striking ``any offense'' and inserting ``any 
        felonious offense, or any of 2 of more misdemeanor offenses,''; 
        and
            (2) by striking ``or crimes against persons'' and inserting 
        ``crimes against persons; or offenses committed against 
        children''.

SEC. 105. TECHNICAL AMENDMENT TO EXTEND THE AUTHORIZATION PERIOD UNDER 
              THE INDIAN HEALTH CARE IMPROVEMENT ACT.

    The authorization of appropriations for, and the duration of, each 
program or activity under the Indian Health Care Improvement Act (25 
U.S.C. 1601 et seq.) is extended through fiscal year 2001.

SEC. 106. TECHNICAL AMENDMENT TO EXTEND THE AUTHORIZATION PERIOD UNDER 
              THE INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND 
              TREATMENT ACT OF 1986.

    The authorization of appropriations for, and the duration of, each 
program or activity under the Indian Alcohol and Substance Abuse 
Prevention and Treatment Act of 1986 (25 U.S.C. 2401 et seq.) is 
extended through fiscal year 2001.

SEC. 107. MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL 
              ENVIRONMENTAL POLICY FOUNDATION.

    (a) Authority.--Section 6(7) of the Morris K. Udall Scholarship and 
Excellence in National Environmental and Native American Public Policy 
Act of 1992 (20 U.S.C. 5604(7)) is amended by inserting before the 
semicolon at the end the following: ``, by conducting management and 
leadership training of Native Americans, Alaska Natives, and others 
involved in tribal leadership, providing assistance and resources for 
policy analysis, and carrying out other appropriate activities.''.
    (b) Administrative Provisions.--Section 12(b) of the Morris K. 
Udall Scholarship and Excellence in National Environmental and Native 
American Public Policy Act of 1992 (20 U.S.C. 5608(b)) is amended by 
inserting before the period at the end the following: ``and to the 
activities of the Foundation under section 6(7)''.
    (c) Authorization of Appropriations.--Section 13 of the Morris K. 
Udall Scholarship and Excellence in National Environmental and Native 
American Public Policy Act of 1992 (20 U.S.C. 5609) is amended by 
adding at the end the following:
    ``(c) Training of Professionals in Health Care and Public Policy.--
There is authorized to be appropriated to carry out section 6(7) 
$12,300,000 for the 5-year period beginning with the first fiscal year 
that begins after the date of enactment of this subsection.''.

SEC. 108. TECHNICAL AMENDMENT REGARDING THE TREATMENT OF CERTAIN INCOME 
              FOR PURPOSES OF FEDERAL ASSISTANCE.

    Section 7 of the Act of October 19, 1973 (25 U.S.C. 1407) is 
amended--
            (1) in paragraph (2), by striking ``or'' at the end;
            (2) in paragraph (3), by adding ``or'' at the end; and
            (3) by inserting after paragraph (3), the following:
            ``(4) are paid by the State of Minnesota to the Bois Forte 
        Band of Chippewa Indians pursuant to the agreements of such 
Band to voluntarily restrict tribal rights to hunt and fish in 
territory cede under the Treaty of September 30, 1854 (10 Stat. 1109), 
including all interest accrued on such funds during any period in which 
such funds are held in a minor's trust,''.

                    TITLE II--SANTA FE INDIAN SCHOOL

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Santa Fe Indian School Act''.

SEC. 202. DEFINITIONS.

    In this title:
            (1) 19 pueblos.--The term ``19 Pueblos'' means the Indian 
        pueblos of Acoma, Cochiti Isleta, Jemen, Laguna, Nambe, 
        Picuris, Pojoaque, San Felipe, San Ildefonso, San Juan, Sandia, 
        Santa Ana, Santa Clara, Santo Domingo, Taos, Tesuque, Zia, and 
        Zuni.
            (2) Santa fe indian school, inc.--The term ``Santa Fe 
        Indian School, Inc.'' means a corporation chartered under laws 
        of the State of New Mexico.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 203. TRANSFER OF CERTAIN LANDS FOR USE AS THE SANTA FE INDIAN 
              SCHOOL.

    (a) In General.--All right, title, and interest of the United 
States in and to the land, including improvements and appurtenances 
thereto, described in subsection (b) are declared to be held in trust 
for the benefit of the 19 Pueblos of New Mexico.
    (b) Land.--
            (1) In general.--The land described in this subsection is 
        the tract of land, located in the City and County of Santa Fe, 
        New Mexico, upon which the Santa Fe Indian School is located 
        and more particularly described as all that certain real 
        property, excluding the tracts described in paragraph (2), as 
        shown in the United Sates General Land Office Plat of the 
        United States Indian School Tract dated March 19, 1937, and 
        recorded at Book 363, Page 024, Office of the Clerk, Santa Fe 
        County, New Mexico, containing a total acreage of 131.43 acres, 
        more or less.
            (2) Exclusions.--The excluded tracts described in this 
        paragraph are all portions of any tracts heretofore conveyed by 
        the deeds recorded in the Office of the Clerk, Santa Fe County, 
        New Mexico, at--
                    (A) Book 114, Page 106, containing 0.518 acres, 
                more or less;
                    (B) Book 122, Page 45, containing 0.238 acres, more 
                or less;
                    (C) Book 123, Page 228, containing 14.95, more or 
                less; and
                    (D) Book 130, Page 84, containing 0.227 acres, more 
                or less;
        leaving, as the net acreage to be included in the land 
        described in paragraph (1) and taken into trust pursuant to 
        subsection (a), a tract containing 115.5 acres, more or less.
    (c) Limitations and Conditions.--The land taken into trust pursuant 
to subsection (a) shall remain subject to--
            (1) any existing encumbrances, rights of way, restrictions, 
        or easements of record;
            (2) the right of the Indian Health Service to continue use 
        and occupancy of 10.23 acres of such land which are currently 
        occupied by the Santa Fe Indian Hospital and its parking 
        facilities as more fully described as Parcel ``A'' in legal 
        description No. Pd-K-51-06-01 and recorded as Document No. 059-
        3-778, Bureau of Indian Affairs Land Title & Records Office, 
        Albuquerque, New Mexico; and
            (3) the right of the United States to use, without cost, 
        additional portions of land transferred pursuant to this 
        section, which are contiguous to the land described in 
        paragraph (2), for purposes of the Indian Health Service.

SEC. 204. LAND USE.

    (a) Limitation for Educational and Cultural Purposes.--The land 
taken into trust under section 203(a) shall be used solely for the 
educational, health, or cultural purposes of the Santa Fe Indian 
School, including use for related non-profit or technical programs, as 
operated by Santa Fe Indian School, Inc. on the date of enactment of 
this Act.
    (b) Reversion.--
            (1) In general.--If the Secretary determines that the land 
        taken into trust under section 203(a) is not being used as 
        required under subsection (a), the Secretary shall provide 
        appropriate notice to the 19 Pueblos of such noncompliance and 
        require the 19 Pueblos to comply with the requirements of this 
        title.
            (2) Continued failure to comply.--If the Secretary, after 
        providing notice under paragraph (1) and after the expiration 
        of a reasonable period of time, determines that the 
        noncompliance that was the subject of the notice has not been 
        corrected, the land shall revert to the United States.
    (c) Applicability of Laws.--Except as otherwise provided in this 
title, the land taken into trust under section 203(a) shall be subject 
to the laws of the United States relating to Indian lands.
    (d) Gaming.--Gaming, as defined and regulated by the Indian Gaming 
Regulatory Act (25 U.S.C. 2701 et seq.), shall be prohibited on the 
land taken into trust under subsection (a).




                                                       Calendar No. 949

106th CONGRESS

  2d Session

                                S. 3031

                          [Report No. 106-501]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

            October 12 (legislative day, September 22), 2000

                       Reported with an amendment