[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2017 Enrolled Bill (ENR)]
S.2017
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To amend the Indian Financing Act of 1974 to improve the effectiveness
of the Indian loan guarantee and insurance program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
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) twenty-seven 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 acknowledgment 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 acknowledgments, 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 the 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 the 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. TANSMISSION 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 part 151 of title 25,
Code of Federal Regulations. 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 States 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 of
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 Lands'' 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 section
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 in 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:
(1) 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.
(2) Core system.--The term ``core system'' means a component of
the water system as described in section 904(d) and the final
engineering report.
(3) 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.
(4) Fund.--The term ``fund'' means the Chippewa Cree Water
System Operation, Maintenance, and Replacement Trust Fund.
(5) 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.
(6) 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.
(7) Reservation.--
(A) In general.--The term ``Reservation'' means the Rocky
Boy's Reservation in the State of Montana.
(B) 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.
(8) Rocky boy's/north central montana regional water system.--
The term ``Rocky Boy's/North Central Montana Regional Water
System'' means--
(A) the core system;
(B) the on-reservation water distribution systems; and
(C) the non-core system.
(9) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(10) State.--The term ``State'' means the State of Montana.
(11) Study.--The term ``study'' means the study entitled
``North Central Montana Regional Water System Planning/
Environmental Report'' dated May 2000.
(12) Tribe.--The term ``Tribe'' means--
(A) the Chippewa Cree Tribe of the Rocky Boy's Reservation;
and
(B) 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 the 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.
The Secretary of the 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;
(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: 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.
(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 noncore 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 noncore 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.