[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2017 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                      November 15 (legislative day, November 14), 2002.

    Resolved, That the bill from the Senate (S. 2017) entitled ``An Act to amend 
the Indian Financing Act of 1974 to improve the effectiveness of the Indian loan 
guarantee and insurance program'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

                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 of 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.

      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 of contracts.
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. 101. SHORT TITLE.

    This Act may be cited as the ``Indian Financing Amendments Act of 
2002''.

SEC. 102. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (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 business 
        borrowers has been limited;
            (3) 27 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 
        insurance 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 
                expansion of a secondary market for loans guaranteed or 
                insured by the Secretary of the Interior; and
                    (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 
        investors for loans guaranteed or insured under a program 
        administered 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 payments;
            (4) provide for the appointment by the Secretary of a 
        qualified 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 Security.--Section 
205 of the Indian Financing Act of 1974 (25 U.S.C. 1485) is amended--
            (1) by striking ``Any loan 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 
                regulations 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
                            ``(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 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 
                regulations 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 acknowledgement 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 
        transfer permitted by this subsection, the lender shall--
                    ``(A) remain obligated on the guarantee 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 
                misrepresentation, or participates in or condones fraud 
                or misrepresentation, 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.
    ``(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 acknowledgements, 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.
    ``(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 guaranteed 
and insured portions of loans under this section.''.

 TITLE II--YANKTON SIOUX AND SANTEE SIOUX TRIBES EQUITABLE COMPENSATION

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;
            (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 Randall and Gavins Point projects are 
        major components of the Pick-Sloan program, and contribute to 
        the economy of the United States by generating a substantial 
        amount of hydropower and impounding a substantial 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 reservations 
        upstream from the reservations of those Indian tribes such an 
        opportunity;
            (8) the Yankton 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 condemnation 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 
                aggregate 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 Sioux Tribe of South Dakota.

SEC. 204. YANKTON SIOUX TRIBE DEVELOPMENT TRUST FUND.

    (a) Establishment.--There is established 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)--
            (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 
        obligations 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 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 
                Secretary 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 
                programs under the tribal plan prepared under section 
                206.
    (e) Transfers and Withdrawals.--Except as provided in subsections 
(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 
        (1) if such amount had been invested in interest-bearing 
        obligations 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 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 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 pursuant to tribal resolution.
                    (B) Limitation.--Payments may be made by the 
                Secretary 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 
                programs under the tribal plan prepared under section 
                206.
    (e) Transfers and Withdrawals.--Except as provided in subsections 
(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 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 
        paragraphs (1), (2), and (3).
    (c) Tribal Plan Review and Revision.--
            (1) In general.--Each tribal council referred to in 
        subsection (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 plan 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 SERVICES.

    (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 
        otherwise 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 
        paragraph (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.

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 AMERICAN CULTURAL CENTER AND MUSEUM

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 responsibilities 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 
        financial assistance equaling not more than $33,000,000 and 
        technical 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 such land is used for the Center.
    (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 American 
        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 subsection 
(b)(1), $8,250,000 for each of fiscal years 2003 through 2006.

     TITLE IV--TRANSMISSION OF POWER FROM INDIAN LANDS IN OKLAHOMA

SEC. 401. TRANSMISSION OF POWER FROM INDIAN LANDS IN OKLAHOMA.

    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 Administration 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 jurisdictional 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 25 CFR Part 151. The 
owner or operator of the generation facilities concerned shall 
reimburse the Administrator for all costs of such actions in accordance 
with standards applicable to payment 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 involuntarily 
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 application 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.
    (c) Rule of Construction.--Nothing in this section designates, or 
shall be used to construe, any land described in subsection (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 CHICKASAW NATIONS CLAIMS SETTLEMENT 
                                  ACT

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Cherokee, Choctaw, and Chickasaw 
Nations Claims Settlement Act''.

SEC. 602. FINDINGS.

    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 
        encourage 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 mismanagement 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 
        Hopewell, 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-government 
        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 government-to-government 
        relationship 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), has maintained a continuous government-to-government 
        relationship with the United States since the earliest 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 Oklahoma 
        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 occupying 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 Oklahoma. 
        Without Federal legislation, further litigation against 
        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 State Court of Federal 
        Claims, Case Nos. 218-89L and 630-89L, and to forever disclaim 
        any right, title, or interest of the Indian Nation in the 
        Disclaimed Drybed Lands, in exchange for the funds appropriated 
        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 
        aforementioned claims asserted in the United States Court of 
        Federal 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 10 North in Range 26 
        East, and Townships 10 and 11 North in Range 27 East, in the 
        State 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 Land 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.
    (b) Release of Tribal Claims to Certain Drybed Lands.--
            (1) In general.--Upon the deposit of all 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 
                appropriate document citing this title, suitable for 
                filing with the county clerks, or such other county 
                official as appropriate, 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 claim 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 enactment of this title which lie 
                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 subsequently 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 
        maintain 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 pursuant 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.
            (3) 12.5 percent to be deposited into the trust fund 
        account established under section 606 for the Chickasaw Nation.

SEC. 606. TRIBAL TRUST FUNDS.

    (a) Establishment, Purpose, and Management of Trust Funds.--
            (1) Establishment.--There are hereby established 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 accordance with this title. Funds made 
        available from the tribal trust funds under this section shall 
        be available without fiscal year limitation.
    (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 June 18, 1934 (25 
                U.S.C. 465) and in accordance 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 acquisitions 
                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 under paragraph (2).
            (2) Investment of trust funds; no per capita payment.--
                    (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 established 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, economic 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 may 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' attorneys 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 ``claimant 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 Statutes);
                    (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 the transfers are in 
                accordance with other applicable 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 any 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 enactment 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 
                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 subsection 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.--
                    (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 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.--Congress 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.

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

SEC. 701. APPROVAL NOT REQUIRED TO VALIDATE CERTAIN LAND TRANSACTIONS.

    (a) Transactions.--The Seminole Tribe of Florida may mortgage, 
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, conveying, warranting, or otherwise 
        transferring 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 individuals 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-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 collection 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 
        commercial 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 
        industrial 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 water, 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 
        wastewater services for the community of Dulce, the Mundo Ranch 
        Development, and surrounding areas on the Reservation.
            (2) Pumping and treatment facilities located on the 
        Reservation.
            (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 
        Reservation.
            (4) Appurtenant buildings and access roads.
            (5) Necessary property and property rights.
            (6) Such other electrical power transmission and 
        distribution 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 
        construction 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 subsection 
        (d), the Federal share of the cost of the Rural Water Supply 
        Project shall be all remaining costs of the project identified 
        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-Determination 
        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 
substantially complete, the Tribe shall assume responsibility for and 
liability related to the annual operation, maintenance, and replacement 
cost of the project in accordance with this title and the Operation, 
Maintenance, and Replacement 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 promulgate 
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 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.
            (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 Reclamation 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 construction.
    (d) Oversight.--The Secretary shall have oversight responsibility 
with the Tribe and its constructing entity and shall incorporate 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 consultation 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 construction 
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.

SEC. 808. PROHIBITION ON USE OF FUNDS FOR IRRIGATION PURPOSES.

    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 Montana 
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 Boy'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 
        complying with regulations promulgated under the Safe Drinking 
        Water Act (42 U.S.C. 300f 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, 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 
        Chippewa 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:
    (a) 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.
    (b) Core system.--The term ``core system'' means a component of the 
water system as described in section 904(d) and the final engineering 
report.
    (c) 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.
    (d) Fund.--The term ``fund'' means the Chippewa Cree Water System 
Operation, Maintenance, and Replacement Trust Fund.
    (e) On-Reservation Water Distribution Systems.--The term ``on-
reservation water distribution systems'' means that portion of the 
Rocky Boy's/North Central Montana Regional Water system served by the 
core system and within the boundaries of the Rocky Boy's Reservation. 
The on-reservation water distribution systems are described in section 
904(f) and the final engineering report.
    (f) 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.
    (g) Reservation.--
            (1) In general.--The term ``Reservation'' means the Rocky 
        Boy's Reservation in the State of Montana.
            (2) Inclusions.--The term ``Reservation'' includes all land 
        and interests in land that are held in trust by the United 
        States for the Tribe at the time of the enactment of this 
        title.
    (h) Rocky Boy's/North Central Montana Regional Water System.--The 
term ``Rocky Boy's/North Central Montana Regional Water System'' 
means--
            (1) the core system;
            (2) the on-reservation water distribution systems; and
            (3) the non-core system.
                            (i) Secretary.--The term ``Secretary'' 
                        means the Secretary of the Interior.
    (j) State.--The term ``State'' means the State of Montana.
    (k) Study.--The term ``study'' means the study entitled ``North 
Central Montana Regional Water System Planning/Environmental Report'' 
dated May 2000.
    (l) Tribe.--The term ``Tribe'' means--
            (1) the Chippewa Cree Tribe of the Rocky Boy's Reservation; 
        and
            (2) 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 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.
            (3) The Secretary of Interior may require, through the 
        agreements described in subsection (g) and section 905(d), that 
        the final engineering report include appropriate additional 
        study and analyses.
    (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; and
                            (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 
        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 Secretary.
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 of--
            (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 
        facilities 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 condemnation 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:
                    (A) 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; and
            (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 
        consist of--
                    (A) water systems in existence on the date of 
                enactment of this title that may be purchased, 
                improved, and repaired 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-quality 
                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 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.
    (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 subsection.
            (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-Reservation 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 provide 
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-
        reservation water distribution systems operation, maintenance, 
        and replacement cost, as appropriate.

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, maintenance, 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 available 
        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, and pipeline facilities;
            (2) appurtenant buildings, maintenance equipment, and 
        access roads;
            (3) all property and property rights necessary for the 
        facilities 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 
        development 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 
        Federal funds and necessary assistance for the planning, 
        design, and construction of the non-core 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 acceptable 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 
                        compliance activities; and
                            (vi) administration of contracts relating 
                        to performance of the activities described in 
                        clauses (i) through (v);
                    (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, responsibilities, and liabilities 
                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 negotiated 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 Dutton, 
                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, 
                Montana; 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 
        Reservation.
    (f) 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 non-core 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 condemnation 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 
        transmitted by the Secretary; and
            (3) the Secretary publishes a written finding that the 
        water conservation plan developed under section 911(a) includes 
        prudent and reasonable water conservation measures for the 
        operation of the Rocky Boy's/North Central Montana Regional 
        Water System that have been shown to be economically and 
        financially feasible.

SEC. 907. CONNECTION CHARGES.

    The cost of connection of nontribal community water distribution 
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 Diminishment 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 Boy's Reservation Indian Reserved 
Water Rights Settlement and Water Supply Act of 1999 (Public 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 conservation plan 
that contains--
            (1) a description of water conservation objectives;
            (2) a description of appropriate water conservation 
        measures; and
            (3) a time schedule for implementing the water conservation 
        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 system will 
use the best practicable technology and management techniques to 
conserve water.
    (c) Coordination of Programs.--Section 210(a) and (c) of 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 any non-Federal entity the authority to 
        exercise 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, MAINTENANCE, 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 (Public 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--
            (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 accordance 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 
                Secretary for approval an operation, maintenance, and 
                replacement 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 limitation.
            (6) Annual report.--The Tribe shall submit to the Secretary 
        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 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 pursuant 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 municipal, 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 available 
to carry out this section, the Secretary shall transmit to Congress 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 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,''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to any lease entered into or renewed after the date of the 
enactment of this title.
            Attest:

                                                                          Clerk.
107th CONGRESS

  2d Session

                                S. 2017

_______________________________________________________________________

                               AMENDMENT