[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.