[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2711 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                S. 2711

_______________________________________________________________________

                                 AN ACT


 
   To reauthorize and improve programs relating to Native Americans.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Native American 
Omnibus Act of 2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

                  TITLE I--LAND SETTLEMENT PROVISIONS

           Subtitle A--T'uf Shur Bien Preservation Trust Area

Sec. 1101. Short title.
Sec. 1102. Findings and purposes.
Sec. 1103. Definitions.
Sec. 1104. Pueblo rights and interests in the Area.
Sec. 1105. Limitations on Pueblo rights and interests in the Area.
Sec. 1106. Management of the Area.
Sec. 1107. Jurisdiction over the Area.
Sec. 1108. Subdivisions and other property interests.
Sec. 1109. Extinguishment of claims.
Sec. 1110. Construction.
Sec. 1111. Judicial review.
Sec. 1112. Provisions relating to contributions and land exchange.
Sec. 1113. Authorization of appropriations.
Sec. 1114. Effective date.
                Subtitle B--Pueblo de Cochiti Settlement

Sec. 1201. Modification of Pueblo de Cochiti settlement.
        TITLE II--WATER SETTLEMENTS AND WATER-RELATED PROVISIONS

      Subtitle A--Zuni Heaven Restoration Water Rights Settlement

Sec. 2101. Short title.
Sec. 2102. Findings and purposes.
Sec. 2103. Definitions.
Sec. 2104. Authorization, ratifications, and confirmations.
Sec. 2105. Trust lands.
Sec. 2106. Development fund.
Sec. 2107. Claims extinguishment; waivers and releases.
Sec. 2108. Miscellaneous provisions.
Sec. 2109. Effective date for waiver and release authorizations.
                   Subtitle B--Quinault Indian Nation

Sec. 2201. Quinault Indian Nation water feasibility study.
     Subtitle C--Santee Sioux Tribe of Nebraska Rural Water System 
                           Feasibility Study

Sec. 2301. Study; report.
Sec. 2302. Authorization of appropriations.
                       TITLE III--LAND PROVISIONS

Subtitle A--Agreement To Affirm Boundary Between Pueblo of Santa Clara 
 and Pueblo of San Ildefonso Aboriginal Land Within Garcia Canyon Tract

Sec. 3101. Definitions.
Sec. 3102. Trust for the Pueblo of Santa Clara, New Mexico.
Sec. 3103. Trust for the Pueblo of San Ildefonso, New Mexico.
Sec. 3104. Survey and legal descriptions.
Sec. 3105. Administration of trust land.
Sec. 3106. Effect.
                 Subtitle B--Additional Land Provisions

Sec. 3201. Indian Land Consolidation Act amendments.
Sec. 3202. Mississippi Band of Choctaw Indians.
Sec. 3203. Removal of restrictions on Ute Tribe of the Uintah and Ouray 
                            reservation land.
Sec. 3204. Reservation land of the Cow Creek Band of Umpqua Tribe of 
                            Indians.
Sec. 3205. Disposition of fee land of the Seminole Tribe of Florida.
Sec. 3206. Disposition of fee land of the Shakopee Mdewakanton Sioux 
                            Community.
Sec. 3207. Facilitation of construction of pipeline to provide water 
                            for emergency fire suppression and other 
                            purposes.
Sec. 3208. Agreement with Dry Prairie Rural Water Association, 
                            Incorporated.
                      TITLE IV--LEASING PROVISIONS

Sec. 4001. Authorization of 99-year leases for Confederated Tribes of 
                            the Umatilla Indian Reservation.
Sec. 4002. Authorization of 99-year leases for Yurok Tribe and Hopland 
                            Band of Pomo Indians.
Sec. 4003. Lease of tribally-owned land by Assiniboine and Sioux Tribes 
                            of the Fort Peck Reservation.
Sec. 4004. Leases of restricted land.
                  TITLE V--JUDGMENT FUND DISTRIBUTION

   Subtitle A--Gila River Indian Community Judgment Fund Distribution

Sec. 5001. Short title.
Sec. 5002. Findings.
Sec. 5003. Definitions.
            Chapter 1--Gila River Judgment Fund Distribution

Sec. 5101. Distribution of judgment funds.
Sec. 5102. Responsibility of Secretary; applicable law.
    Chapter 2--Conditions Relating to Community Judgment Fund Plans

Sec. 5111. Plan for use and distribution of judgment funds awarded in 
                            Docket No. 228.
Sec. 5112. Plan for use and distribution of judgment funds awarded in 
                            Docket No. 236-N.
                   Chapter 3--Expert Assistance Loans

Sec. 5121. Waiver of repayment of expert assistance loans to Gila River 
                            Indian Community.
 Subtitle B--Assiniboine and Sioux Tribes of the Fort Peck Reservation 
                       Judgment Fund Distribution

Sec. 5201. Short title.
Sec. 5202. Findings and purpose.
Sec. 5203. Definitions.
Sec. 5204. Distribution of judgment funds.
Sec. 5205. Applicable law.
              TITLE VI--REPAYMENT OF EXPERT WITNESS LOANS

Sec. 6001. Waiver of repayment of expert assistance loans to the Pueblo 
                            of Santo Domingo.
Sec. 6002. Waiver of repayment of expert assistance loans to the Oglala 
                            Sioux Tribe.
Sec. 6003. Waiver of repayment of expert assistance loans to the 
                            Seminole Tribe of Oklahoma.
                  TITLE VII--HEALTH-RELATED PROVISIONS

Sec. 7001. Rural health care facility, Fort Berthold Indian 
                            Reservation, North Dakota.
Sec. 7002. Health care funding allocation, Eagle Butte Service Unit.
Sec. 7003. Indian health demonstration project.
Sec. 7004. Alaska treatment centers and facilities.
        TITLE VIII--REAUTHORIZATION OF NATIVE AMERICAN PROGRAMS

Sec. 8001. Bosque Redondo Memorial Act.
Sec. 8002. Navajo-Hopi Land Settlement Act of 1974.
Sec. 8003. Indian Health Care Improvement Act.
Sec. 8004. Indian Alcohol and Substance Abuse Prevention and Treatment 
                            Act of 1986.
Sec. 8005. Indian Child Protection and Family Violence Prevention Act.
Sec. 8006. Native Hawaiian Health Care Improvement Act.
Sec. 8007. Four Corners Interpretive Center Act.
Sec. 8008. Environmental dispute resolution fund.
                   TITLE IX--MISCELLANEOUS PROVISIONS

                    Subtitle A--Cultural Provisions

Sec. 9101. Oklahoma Native American Cultural Center and Museum.
Sec. 9102. Rehabilitation of Celilo Indian Village.
Sec. 9103. Conveyance of Native Alaskan objects.
                   Subtitle B--Indian Probate Reform

Sec. 9201. Short title.
Sec. 9202. Findings.
                    Chapter 1--Indian Probate Reform

Sec. 9211. Indian probate reform.
Sec. 9212. Other amendments.
Sec. 9213. Effective date.
      Chapter 2--Inheritance of Certain Trust or Restricted Lands

Sec. 9221. Inheritance of certain trust or restricted lands.
            Subtitle C--Settlement of Certain Foreign Claims

Sec. 9301. Settlement of certain claims.
              Subtitle D--Certification of Rental Proceeds

Sec. 9401. Certification of rental proceeds.
                     Subtitle E--Tribal Sovereignty

Sec. 9501. Tribal sovereignty.

                  TITLE I--LAND SETTLEMENT PROVISIONS

           Subtitle A--T'uf Shur Bien Preservation Trust Area

SEC. 1101. SHORT TITLE.

    This subtitle may be cited as the ``T'uf Shur Bien Preservation 
Trust Area Act''.

SEC. 1102. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) in 1748, the Pueblo of Sandia received a grant from a 
        representative of the King of Spain, which grant was recognized 
        and confirmed by Congress in 1858 (11 Stat. 374); and
            (2) in 1994, the Pueblo filed a civil action against the 
        Secretary of the Interior and the Secretary of Agriculture in 
        the United States District Court for the District of Columbia 
        (Civil No. 1:94CV02624), asserting that Federal surveys of the 
        grant boundaries erroneously excluded certain land within the 
        Cibola National Forest, including a portion of the Sandia 
        Mountain Wilderness.
    (b) Purposes.--The purposes of this subtitle are--
            (1) to establish the T'uf Shur Bien Preservation Trust Area 
        in the Cibola National Forest;
            (2) to confirm the status of national forest land and 
        wilderness land in the Area while resolving issues associated 
        with the civil action referred to in subsection (a)(2) and the 
        opinions of the Solicitor of the Department of the Interior 
        dated December 9, 1988 (M-36963; 96 I.D. 331) and January 19, 
        2001 (M-37002); and
            (3) to provide the Pueblo, the parties to the civil action, 
        and the public with a fair and just settlement of the Pueblo's 
        claim.

SEC. 1103. DEFINITIONS.

    In this subtitle:
            (1) Area.--
                    (A) In general.--The term ``Area'' means the T'uf 
                Shur Bien Preservation Trust Area, comprised of 
                approximately 9890 acres of land in the Cibola National 
                Forest, as depicted on the map.
                    (B) Exclusions.--The term ``Area'' does not 
                include--
                            (i) the subdivisions;
                            (ii) the Pueblo-owned land;
                            (iii) the crest facilities; or
                            (iv) the special use permit area.
            (2) Crest facilities.--The term ``crest facilities'' 
        means--
                    (A) all facilities and developments located on the 
                crest of Sandia Mountain, including the Sandia Crest 
                Electronic Site;
                    (B) electronic site access roads;
                    (C) the Crest House;
                    (D) the upper terminal, restaurant, and related 
                facilities of Sandia Peak Tram Company;
                    (E) the Crest Observation Area;
                    (F) parking lots;
                    (G) restrooms;
                    (H) the Crest Trail (Trail No. 130);
                    (I) hang glider launch sites;
                    (J) the Kiwanis cabin; and
                    (K) the land on which the facilities described in 
                subparagraphs (A) through (J) are located and the land 
                extending 100 feet along terrain to the west of each 
                such facility, unless a different distance is agreed to 
                in writing by the Secretary and the Pueblo and 
                documented in the survey of the Area.
            (3) Existing use.--The term ``existing use'' means a use 
        that--
                    (A) is occurring in the Area as of the date of 
                enactment of this Act; or
                    (B) is authorized in the Area after November 1, 
                1995, but before the date of enactment of this Act.
            (4) La luz tract.--The term ``La Luz tract'' means the 
        tract comprised of approximately 31 acres of land owned in fee 
        by the Pueblo and depicted on the map.
            (5) Local public body.--The term ``local public body'' 
        means a political subdivision of the State of New Mexico (as 
        defined in New Mexico Code 6-5-1).
            (6) Map.--The term ``map'' means the Forest Service map 
        entitled ``T'uf Shur Bien Preservation Trust Area'' and dated 
        April 2000.
            (7) Modified use.--
                    (A) In general.--The term ``modified use'' means an 
                existing use that, at any time after the date of 
                enactment of this Act, is modified or reconfigured but 
                not significantly expanded.
                    (B) Inclusions.--The term ``modified use'' 
                includes--
                            (i) a trail or trailhead being modified, 
                        such as to accommodate handicapped access;
                            (ii) a parking area being reconfigured; and
                            (iii) a special use authorization for a 
                        group recreation use being authorized for a 
                        different use area or time period.
            (8) New use.--
                    (A) In general.--The term ``new use'' means--
                            (i) a use that is not occurring in the Area 
                        as of the date of enactment of this Act; and
                            (ii) an existing use that is being modified 
                        so as to be significantly expanded or altered 
                        in scope, dimension, or impact on the land, 
                        water, air, or wildlife resources of the Area.
                    (B) Exclusions.--The term ``new use'' does not 
                include a use that--
                            (i) is categorically excluded from 
                        documentation requirements under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.); or
                            (ii) is carried out to comply with the 
                        Endangered Species Act of 1973 (16 U.S.C. 1531 
                        et seq.).
            (9) Piedra lisa tract.--The term ``Piedra Lisa tract'' 
        means the tract comprised of approximately 160 acres of land 
        held in private ownership and depicted on the map.
            (10) Pueblo.--The term ``Pueblo'' means the Pueblo of 
        Sandia in its governmental capacity.
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
            (12) Settlement agreement.--The term ``Settlement 
        Agreement'' means the Agreement of Compromise and Settlement 
        dated April 4, 2000, among the United States, the Pueblo, and 
        the Sandia Peak Tram Company.
            (13) Special use permit.--The term ``special use permit'' 
        means the Special Use Permit issued December 1, 1993, by the 
        Secretary to Sandia Peak Tram Company and Sandia Peak Ski 
        Company
            (14) Special use permit area.--
                    (A) In general.--The term ``special use permit 
                area'' means the land and facilities subject to the 
                special use permit.
                    (B) Inclusions.--The term ``special use permit 
                area'' includes--
                            (i) approximately 46 acres of land used as 
                        an aerial tramway corridor;
                            (ii) approximately 945 acres of land used 
                        as a ski area; and
                            (iii) the land and facilities described in 
                        Exhibit A to the special use permit, 
                        including--
                                    (I) the maintenance road to the 
                                lower tram tower;
                                    (II) water storage and water 
                                distribution facilities; and
                                    (III) 7 helispots.
            (15) Subdivision.--The term ``subdivision'' means--
                    (A) the subdivision of--
                            (i) Sandia Heights Addition;
                            (ii) Sandia Heights North Unit I, II, or 3;
                            (iii) Tierra Monte;
                            (iv) Valley View Acres; or
                            (v) Evergreen Hills; and
                    (B) any additional plat or privately-owned property 
                depicted on the map.
            (16) Traditional or cultural use.--The term ``traditional 
        or cultural use'' means--
                    (A) a ceremonial activity (including the placing of 
                ceremonial materials in the Area); and
                    (B) the use, hunting, trapping, or gathering of 
                plants, animals, wood, water, and other natural 
                resources for a noncommercial purpose.

SEC. 1104. PUEBLO RIGHTS AND INTERESTS IN THE AREA.

    (a) General.--The Pueblo shall have the following rights and 
interests in the Area:
            (1) Free and unrestricted access to the Area for 
        traditional or cultural uses, to the extent that those uses are 
        not inconsistent with--
                    (A) the Wilderness Act (16 U.S.C. 1131 et seq.) 
                (including regulations promulgated under that Act) as 
                in effect on the date of enactment of this Act; or
                    (B) applicable Federal wildlife protection laws as 
                provided in section 1105(a)(2).
            (2) Perpetual preservation of the national forest and 
        wilderness character of the Area under this subtitle.
            (3) Rights in the management of the Area as specified in 
        section 1106, including--
                    (A) the right to consent or withhold consent to a 
                new use;
                    (B) the right to consultation regarding a modified 
                use;
                    (C) the right to consultation regarding the 
                management and preservation of the Area; and
                    (D) the right to dispute resolution procedures.
            (4) Exclusive authority, in accordance with the customs and 
        laws of the Pueblo, to administer access to the Area for 
        traditional or cultural uses by members of the Pueblo and of 
        other federally-recognized Indian tribes.
            (5) Such other rights and interests as are recognized in 
        sections 1104(c), 1106, 1107, and 1108.
    (b) Access.-- Except as provided in subsection (a)(4), access to 
and use of the Area for all other purposes shall continue to be 
administered by the Secretary.
    (c) Compensable Interest.--
            (1) In general.--If, by an Act of Congress enacted after 
        the date of enactment of this Act, Congress diminishes the 
        national forest or wilderness designation of the Area by 
        authorizing a use prohibited by section 1104(e) in all or any 
        portion of the Area, or denies the Pueblo access for any 
        traditional or cultural use in all or any portion of the Area--
                    (A) the United States shall compensate the Pueblo 
                as if the Pueblo had held a fee title interest in the 
                affected portion of the Area and as though the United 
                States had acquired such an interest by legislative 
                exercise of the power of eminent domain; and
                    (B) the restrictions of section 1105(a) shall be 
                disregarded in determining just compensation owed to 
                the Pueblo.
            (2) Effect.--Any compensation made to the Pueblo under 
        paragraph (c) shall not affect the extinguishment of claims 
        under section 1109.

SEC. 1105. LIMITATIONS ON PUEBLO RIGHTS AND INTERESTS IN THE AREA.

    (a) Limitations.--The rights and interests of the Pueblo recognized 
in this subtitle do not include--
            (1) any right to sell, grant, lease, convey, encumber, or 
        exchange land or any interest in land in the Area (and any such 
        conveyance shall not have validity in law or equity);
            (2) any exemption from applicable Federal wildlife 
        protection laws;
            (3) any right to engage in a use prohibited by section 
        1104(e); or
            (4) any right to exclude persons or governmental entities 
        from the Area.
    (b) Exception.--No person who exercises traditional or cultural use 
rights as authorized by section 1104(a)(4) may be prosecuted for a 
Federal wildlife offense requiring proof of a violation of a State law.

SEC. 1106. MANAGEMENT OF THE AREA.

    (a) Process.--
            (1) In general.--The Secretary shall consult with the 
        Pueblo not less than twice each year, unless otherwise mutually 
        agreed, concerning protection, preservation, and management of 
        the Area (including proposed new uses and modified uses in the 
        Area and authorizations that are anticipated during the next 6 
        months and were approved in the preceding 6 months).
            (2) New uses.--
                    (A) Request for consent after consultation.--
                            (i) Withholding of consent.--If the Pueblo 
                        withholds consent for a new use within 30 days 
                        after completion of the consultation process, 
                        the Secretary shall not proceed with the new 
                        use.
                            (ii) Granting of consent.--If the Pueblo 
                        consents to the new use in writing or fails to 
                        respond within 30 days after completion of the 
                        consultation process, the Secretary may proceed 
                        with the notice and comment process and the 
                        environmental analysis.
                    (B) Final request for consent.--
                            (i) Request.--Before the Secretary (or a 
                        designee) signs a record of decision or 
                        decision notice for a proposed new use, the 
                        Secretary shall again request the consent of 
                        the Pueblo.
                            (ii) Withholding of consent.--If the Pueblo 
                        withholds consent for a new use within 30 days 
                        after receipt by the Pueblo of the proposed 
                        record of decision or decision notice, the new 
                        use shall not be authorized.
                            (ii) Failure to respond.--If the Pueblo 
                        fails to respond to the consent request within 
                        30 days after receipt of the proposed record of 
                        decision or decision notice--
                                    (I) the Pueblo shall be deemed to 
                                have consented to the proposed record 
                                of decision or decision notice; and
                                    (II) the Secretary may proceed to 
                                issue the final record of decision or 
                                decision notice.
            (3) Public involvement.--
                    (A) In general.--With respect to a proposed new use 
                or modified use, the public shall be provided notice 
                of--
                            (i) the purpose and need for the proposed 
                        new use or modified use;
                            (ii) the role of the Pueblo in the 
                        decisionmaking process; and
                            (iii) the position of the Pueblo on the 
                        proposal.
                    (B) Court challenge.--Any person may bring a civil 
                action in the United States District Court for the 
                District of New Mexico to challenge a determination by 
                the Secretary concerning whether a use constitutes a 
                new use or a modified use.
    (b) Emergencies and Emergency Closure Orders.--
            (1) Authority.--The Secretary shall retain the authority of 
        the Secretary to manage emergency situations, to--
                    (A) provide for public safety; and
                    (B) issue emergency closure orders in the Area 
                subject to applicable law.
            (2) Notice.--The Secretary shall notify the Pueblo 
        regarding emergencies, public safety issues, and emergency 
        closure orders as soon as practicable.
            (3) No consent.--An action of the Secretary described in 
        paragraph (1) shall not require the consent of the Pueblo.
    (c) Disputes Involving Forest Service Management and Pueblo 
Traditional Uses.--
            (1) In general.--In a case in which the management of the 
        Area by the Secretary conflicts with a traditional or cultural 
        use, if the conflict does not pertain to a new use or modified 
        use subject to the process specified in subsection (a), the 
        process for dispute resolution specified in this subsection 
        shall apply.
            (2) Dispute resolution process.--
                    (A) In general.--In the case of a conflict 
                described in paragraph (1)--
                            (i) the party identifying the conflict 
                        shall notify the other party in writing 
                        addressed to the Governor of the Pueblo or the 
                        Regional Forester, as appropriate, specifying 
                        the nature of the dispute; and
                            (ii) the Governor of the Pueblo or the 
                        Regional Forester shall attempt to resolve the 
                        dispute for a period of at least 30 days after 
                        notice has been provided before bringing a 
                        civil action in the United States District 
                        Court for the District of New Mexico.
                    (B) Disputes requiring immediate resolution.--In 
                the case of a conflict that requires immediate 
                resolution to avoid imminent, substantial, and 
                irreparable harm--
                            (i) the party identifying the conflict 
                        shall notify the other party and seek to 
                        resolve the dispute within 3 days of the date 
                        of notification; and
                            (ii) if the parties are unable to resolve 
                        the dispute within 3 days--
                                    (I) either party may bring a civil 
                                action for immediate relief in the 
                                United States District Court for the 
                                District of New Mexico; and
                                    (II) the procedural requirements 
                                specified in subparagraph (A) shall not 
                                apply.

SEC. 1107. JURISDICTION OVER THE AREA.

    (a) Criminal Jurisdiction.--
            (1) In general.--Notwithstanding any other provision of 
        law, jurisdiction over crimes committed in the Area shall be 
        allocated as provided in this paragraph.
            (2) Jurisdiction of the pueblo.--The Pueblo shall have 
        jurisdiction over an offense committed by a member of the 
        Pueblo or of another federally-recognized Indian tribe who is 
        present in the Area with the permission of the Pueblo under 
        section 1104(a)(4).
            (3) Jurisdiction of the united states.--The United States 
        shall have jurisdiction over--
                    (A) an offense described in section 1153 of title 
                18, United States Code, committed by a member of the 
                Pueblo or another federally-recognized Indian tribe;
                    (B) an offense committed by any person in violation 
                of the laws (including regulations) pertaining to the 
                protection and management of national forests;
                    (C) enforcement of Federal criminal laws of general 
                applicability; and
                    (D) any other offense committed by a member of the 
                Pueblo against a person not a member of the Pueblo.
            (4) Jurisdiction of the state of new mexico.--The State of 
        New Mexico shall have jurisdiction over an offense under the 
        law of the State committed by a person not a member of the 
        Pueblo.
            (5) Overlapping jurisdiction.--To the extent that the 
        respective allocations of jurisdiction over the Area under 
        paragraphs (2), (3), and (4) overlap, the governments shall 
        have concurrent jurisdiction.
            (6) Federal use of state law.--Under the jurisdiction of 
        the United States described in paragraph (3)(D), Federal law 
        shall incorporate any offense defined and punishable under 
        State law that is not so defined under Federal law.
    (b) Civil Jurisdiction.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), the United States, the State of New Mexico, and local 
        public bodies shall have the same civil adjudicatory, 
        regulatory, and taxing jurisdiction over the Area as was 
        exercised by those entities on the day before the date of 
        enactment of this Act.
            (2) Jurisdiction of the pueblo.--
                    (A) In general.--The Pueblo shall have exclusive 
                civil adjudicatory jurisdiction over--
                            (i) a dispute involving only members of the 
                        Pueblo;
                            (ii) a civil action brought by the Pueblo 
                        against a member of the Pueblo; and
                            (iii) a civil action brought by the Pueblo 
                        against a member of another federally-
                        recognized Indian tribe for a violation of an 
                        understanding between the Pueblo and the other 
                        tribe regarding use of or access to the Area 
                        for traditional or cultural uses.
                    (B) Regulatory jurisdiction.--The Pueblo shall have 
                no regulatory jurisdiction over the Area, except that 
                the Pueblo shall have exclusive authority to--
                            (i) regulate traditional or cultural uses 
                        by the members of the Pueblo and administer 
                        access to the Area by other federally-
                        recognized Indian tribes for traditional or 
                        cultural uses, to the extent such regulation is 
                        consistent with this subtitle; and
                            (ii) regulate hunting and trapping in the 
                        Area by members of the Pueblo, to the extent 
                        that the hunting or trapping is related to 
                        traditional or cultural uses, except that such 
                        hunting and trapping outside of that portion of 
                        the Area in sections 13, 14, 23, 24, and the 
                        northeast quarter of section 25 of T12N, R4E, 
                        and section 19 of T12N, R5E, N.M.P.M., Sandoval 
                        County, New Mexico, shall be regulated by the 
                        Pueblo in a manner consistent with the 
                        regulations of the State of New Mexico 
                        concerning types of weapons and proximity of 
                        hunting and trapping to trails and residences.
                    (C) Taxing jurisdiction.--The Pueblo shall have no 
                authority to impose taxes within the Area.
            (3) State and local taxing jurisdiction.--The State of New 
        Mexico and local public bodies shall have no authority within 
        the Area to tax the uses or the property of the Pueblo, members 
        of the Pueblo, or members of other federally-recognized Indian 
        tribes authorized to use the Area under section 1104(a)(4).

SEC. 1108. SUBDIVISIONS AND OTHER PROPERTY INTERESTS.

    (a) Subdivisions.--
            (1) In general.--The subdivisions are excluded from the 
        Area.
            (2) Jurisdiction.--
                    (A) In general.--The Pueblo shall have no civil or 
                criminal jurisdiction for any purpose, including 
                adjudicatory, taxing, zoning, regulatory or any other 
                form of jurisdiction, over the subdivisions and 
                property interests therein, and the laws of the Pueblo 
                shall not apply to the subdivisions.
                    (B) State jurisdiction.--The jurisdiction of the 
                State of New Mexico and local public bodies over the 
                subdivisions and property interests therein shall 
                continue in effect, except that on application of the 
                Pueblo a tract comprised of approximately 35 
                contiguous, nonsubdivided acres in the northern section 
                of Evergreen Hills owned in fee by the Pueblo at the 
                time of enactment of this Act, shall be transferred to 
                the United States and held in trust for the Pueblo by 
                the United States and administered by the Secretary of 
                the Interior.
            (3) Limitations on trust land.--Trust land described in 
        paragraph (2)(B) shall be subject to all limitations on use 
        pertaining to the Area contained in this subtitle.
    (b) Piedra Lisa.--
            (1) In general.--The Piedra Lisa tract is excluded from the 
        Area notwithstanding any subsequent acquisition of the tract by 
        the Pueblo.
            (2) Acquisition of tract.--If the Secretary or the Pueblo 
        acquires the Piedra Lisa tract, the tract shall be transferred 
        to the United States and is declared to be held in trust for 
        the Pueblo by the United States and administered by the 
        Secretary of the Interior subject to all limitations on use 
        pertaining to the Area contained in this subtitle.
            (3) Applicability of certain restriction.--The restriction 
        contained in section 1105(a)(4) shall not apply outside of 
        Forest Service System trails.
            (4) Jurisdiction.--Until acquired by the Secretary or 
        Pueblo, the jurisdiction of the State of New Mexico and local 
        public bodies over the Piedra Lisa tract and property interests 
        therein shall continue in effect.
    (c) Crest Facilities.--
            (1) In general.--The land on which the crest facilities are 
        located is excluded from the Area.
            (2) Jurisdiction.--The Pueblo shall have no civil or 
        criminal jurisdiction for any purpose, including adjudicatory, 
        taxing, zoning, regulatory or any other form of jurisdiction, 
        over the land on which the crest facilities are located and 
        property interests therein, and the laws of the Pueblo, shall 
        not apply to that land. The preexisting jurisdictional status 
        of that land shall continue in effect.
    (d) Special Use Permit Area.--
            (1) In general.--The land described in the special use 
        permit is excluded from the Area.
            (2) Jurisdiction.--
                    (A) In general.--The Pueblo shall have no civil or 
                criminal jurisdiction for any purpose, including 
                adjudicatory, taxing, zoning, regulatory, or any other 
                form of jurisdiction, over the land described in the 
                special use permit, and the laws of the Pueblo shall 
                not apply to that land.
                    (B) Preexisting status.--The preexisting 
                jurisdictional status of that land shall continue in 
                effect.
            (3) Amendment to plan.--In the event the special use 
        permit, during its existing term or any future terms or 
        extensions, requires amendment to include other land in the 
        Area necessary to realign the existing or any future 
        replacement tram line, associated structures, or facilities, 
        the land subject to that amendment shall thereafter be excluded 
        from the Area and shall have the same status under this 
        subtitle as the land currently described in the special use 
        permit.
            (4) Land dedicated to aerial tramway and related uses.--Any 
        land dedicated to aerial tramway and related uses and 
        associated facilities that are excluded from the special use 
        permit through expiration, termination or the amendment process 
        shall thereafter be included in the Area, but only after final 
        agency action no longer subject to any appeals.
    (e) La Luz Tract.--
            (1) In general.--The La Luz tract now owned in fee by the 
        Pueblo is excluded from the Area and, on application by the 
        Pueblo, shall be transferred to the United States and held in 
        trust for the Pueblo by the United States and administered by 
        the Secretary of the Interior subject to all limitations on use 
        pertaining to the Area contained in this subtitle.
            (2) Nonapplicability of certain restriction.--The 
        restriction contained in section 1105(a)(4) shall not apply 
        outside of Forest Service System trails.
    (f) Evergreen Hills Access.--The Secretary, consistent with section 
1323(a) of the Alaska National Interest Lands Conservation Act (16 
U.S.C. 3210), shall ensure that Forest Service Road 333D, as depicted 
on the map, is maintained in an adequate condition consistent with the 
terms of section 1323(a) of the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 3210).
    (g) Pueblo Fee Land.--Those properties not specifically addressed 
in subsections (a) or (e) that are owned in fee by the Pueblo within 
the subdivisions are excluded from the Area and shall be subject to the 
jurisdictional provisions of subsection (a).
    (h) Rights-of-Way.--
            (1) Road rights-of-way.--
                    (A) In general.--In accordance with the Pueblo 
                having given its consent in the Settlement Agreement, 
                the Secretary of the Interior shall grant to the County 
                of Bernalillo, New Mexico, in perpetuity, the following 
                irrevocable rights-of-way for roads identified on the 
                map in order to provide for public access to the 
                subdivisions, the special use permit land and 
                facilities, the other leasehold and easement rights and 
                interests of the Sandia Peak Tram Company and its 
                affiliates, the Sandia Heights South Subdivision, and 
                the Area--
                            (i) a right-of-way for Tramway Road;
                            (ii) a right-of-way for Juniper Hill Road 
                        North;
                            (iii) a right-of-way for Juniper Hill Road 
                        South;
                            (iv) a right-of-way for Sandia Heights 
                        Road; and
                            (v) a right-of-way for Juan Tabo Canyon 
                        Road (Forest Road No. 333).
                    (B) Conditions.--The road rights-of-way shall be 
                subject to the following conditions:
                            (i) Such rights-of-way may not be expanded 
                        or otherwise modified without the Pueblo's 
                        written consent, but road maintenance to the 
                        rights-of-way shall not be subject to Pueblo 
                        consent.
                            (ii) The rights-of-way shall not authorize 
                        uses for any purpose other than roads without 
                        the Pueblo's written consent.
                            (iii) Except as provided in the Settlement 
                        Agreement, existing rights-of-way or leasehold 
                        interests and obligations held by the Sandia 
                        Peak Tram Company and its affiliates, shall be 
                        preserved, protected, and unaffected by this 
                        Act.
            (2) Utility rights-of-way.--In accordance with the Pueblo 
        having given its consent in the Settlement Agreement, the 
        Secretary of the Interior shall grant irrevocable utility 
        rights-of-way in perpetuity across Pueblo land to appropriate 
        utility or other service providers serving Sandia Heights 
        Addition, Sandia Heights North Units I, II, and 3, the special 
        use permit land, Tierra Monte, and Valley View Acres, including 
        rights-of-way for natural gas, power, water, 
        telecommunications, and cable television services. Such rights-
        of-way shall be within existing utility corridors as depicted 
        on the map or, for certain water lines, as described in the 
        existing grant of easement to the Sandia Peak Utility Company; 
        provided that use of water line easements outside the utility 
        corridors depicted on the map shall not be used for utility 
        purposes other than water lines and associated facilities. 
        Except where above-ground facilities already exist, all new 
        utility facilities shall be installed underground unless the 
        Pueblo agrees otherwise. To the extent that enlargement of 
        existing utility corridors is required for any technologically-
        advanced telecommunication, television, or utility services, 
        the Pueblo shall not unreasonably withhold agreement to a 
        reasonable enlargement of the easements described above.
            (3) Forest service rights-of-way.--In accordance with the 
        Pueblo having given its consent in the Settlement Agreement, 
        the Secretary of the Interior shall grant to the Forest Service 
        the following irrevocable rights-of-way in perpetuity for 
        Forest Service trails crossing land of the Pueblo in order to 
        provide for public access to the Area and through Pueblo land--
                    (A) a right-of-way for a portion of the Crest Spur 
                Trail (Trail No. 84), crossing a portion of the La Luz 
                tract, as identified on the map;
                    (B) a right-of-way for the extension of the 
                Foothills Trail (Trail No. 365A), as identified on the 
                map; and
                    (C) a right-of-way for that portion of the Piedra 
                Lisa North-South Trail (Trail No. 135) crossing the 
                Piedra Lisa tract, if the Pueblo ever acquires the 
                Piedra Lisa tract.

SEC. 1109. EXTINGUISHMENT OF CLAIMS.

    (a) In General.--Except for the rights and interests in and to the 
Area specifically recognized in sections 1104, 1106, 1107, and 1108, 
all Pueblo claims to right, title and interest of any kind, including 
aboriginal claims, in and to land within the Area, any part thereof, 
and property interests therein, as well as related boundary, survey, 
trespass, and monetary damage claims, are permanently extinguished. The 
United States' title to the Area is confirmed.
    (b) Subdivisions.--Any Pueblo claims to right, title and interest 
of any kind, including aboriginal claims, in and to the subdivisions 
and property interests therein (except for land owned in fee by the 
Pueblo as of the date of enactment of this Act), as well as related 
boundary, survey, trespass, and monetary damage claims, are permanently 
extinguished.
    (c) Special Use and Crest Facilities Areas.--Any Pueblo right, 
title and interest of any kind, including aboriginal claims, and 
related boundary, survey, trespass, and monetary damage claims, are 
permanently extinguished in and to--
            (1) the land described in the special use permit; and
            (2) the land on which the crest facilities are located.
    (d) Pueblo Agreement.--As provided in the Settlement Agreement, the 
Pueblo has agreed to the relinquishment and extinguishment of those 
claims, rights, titles and interests extinguished pursuant to 
subsection (a), (b) and (c).
    (e) Consideration.--The recognition of the Pueblo's rights and 
interests in this Act constitutes adequate consideration for the 
Pueblo's agreement to the extinguishment of the Pueblo's claims in this 
section and the right-of-way grants contained in section 1108, and it 
is the intent of Congress that those rights and interests may only be 
diminished by a future Act of Congress specifically authorizing 
diminishment of such rights, with express reference to this subtitle.

SEC. 1110. CONSTRUCTION.

    (a) Strict Construction.--This subtitle recognizes only enumerated 
rights and interests, and no additional rights, interests, obligations, 
or duties shall be created by implication.
    (b) Existing Rights.--To the extent there exists within the Area at 
the date of enactment of this Act any valid private property rights 
associated with the Piedra Lisa tract or other private land that is not 
otherwise addressed in this subtitle, such rights are not modified or 
otherwise affected by this subtitle, nor is the exercise of any such 
right subject to the Pueblo's right to withhold consent to new uses in 
the Area as set forth in section 1104(a)(3)(A).
    (c) Not Precedent.--The provisions of this subtitle creating 
certain rights and interests in the National Forest System are uniquely 
suited to resolve the Pueblo's claim and the geographic and societal 
situation involved, and shall not be construed as precedent for any 
other situation involving management of the National Forest System.
    (d) Fish and Wildlife.--Except as provided in section 
1107(b)(2)(B), nothing in this subtitle shall be construed as affecting 
the responsibilities of the State of New Mexico with respect to fish 
and wildlife, including the regulation of hunting, fishing, or trapping 
within the Area.
    (e) Federal Land Policy and Management Act.--Section 316 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1746) is 
amended by adding at the end the following: ``Any corrections 
authorized by this section which affect the boundaries of, or 
jurisdiction over, land administered by another Federal agency shall be 
made only after consultation with, and the approval of, the head of 
such other agency.''

SEC. 1111. JUDICIAL REVIEW.

    (a) Enforcement.--A civil action to enforce the provisions of this 
subtitle may be brought to the extent permitted under chapter 7 of 
title 5, United States Code. Judicial review shall be based on the 
administrative record and subject to the applicable standard of review 
set forth in section 706 of title 5, United States Code.
    (b) Waiver.--A civil action may be brought against the Pueblo for 
declaratory judgment or injunctive relief under this subtitle, but no 
money damages, including costs or attorney's fees, may be imposed on 
the Pueblo as a result of such judicial action.
    (c) Venue.--Venue for any civil action provided for in this 
section, as well as any civil action to contest the constitutionality 
of this subtitle, shall lie only in the United States District Court 
for the District of New Mexico.

SEC. 1112. PROVISIONS RELATING TO CONTRIBUTIONS AND LAND EXCHANGE.

    (a) Contributions.--
            (1) In general.--The Secretary may accept contributions 
        from the Pueblo, or from other persons or governmental 
        entities--
                    (A) to perform and complete a survey of the Area; 
                or
                    (B) to carry out any other project or activity for 
                the benefit of the Area in accordance with this 
                subtitle.
            (2) Deadline.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall complete the survey 
        of the Area under paragraph (1)(A).
    (b) Land Exchange.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, after consultation with the Pueblo, the 
        Secretary shall, in accordance with applicable laws, prepare 
        and offer a land exchange of National Forest land outside the 
        Area and contiguous to the northern boundary of the Pueblo's 
        Reservation within sections 10, 11, and 14 of T12N, R4E, 
        N.M.P.M., Sandoval County, New Mexico excluding Wilderness 
        land, for land owned by the Pueblo in the Evergreen Hills 
        subdivision in Sandoval County contiguous to National Forest 
        land, and the La Luz tract in Bernalillo County.
            (2) Acceptance of payment.--Notwithstanding section 206(b) 
        of the Federal Land Policy and Management Act (43 U.S.C. 
        1716(b)), the Secretary may either make or accept a cash 
        equalization payment in excess of 25 percent of the total value 
        of the land or interests transferred out of Federal ownership.
            (3) Funds received.--Any funds received by the Secretary as 
        a result of the exchange shall be deposited in the fund 
        established under the Act of December 4, 1967, known as the 
        Sisk Act (16 U.S.C. 484a), and shall be available to purchase 
        non-Federal land within or adjacent to the National Forests in 
        the State of New Mexico.
            (4) Treatment of land exchanged or conveyed.--All land 
        exchanged or conveyed to the Pueblo is declared to be held in 
        trust for the Pueblo by the United States and added to the 
        Pueblo's Reservation subject to all existing and outstanding 
        rights and shall remain in its natural state and shall not be 
        subject to commercial development of any kind. Land exchanged 
        or conveyed to the Forest Service shall be subject to all 
        limitations on use pertaining to the Area under this Act.
            (5) Failure to make offer.--If the land exchange offer is 
        not made by the date that is 180 days after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Energy and Natural Resources of the United States 
        Senate and the Committee on Resources of the United States 
        House of Representatives, a report explaining the reasons for 
        the failure to make the offer including an assessment of the 
        need for any additional legislation that may be necessary for 
        the exchange. If additional legislation is not necessary, the 
        Secretary, consistent with this section, should proceed with 
        the exchange pursuant to existing law.
    (c) Land Acquisition.--
            (1) In general.--The Secretary may acquire land owned by 
        the Pueblo within the Evergreen Hills Subdivision in Sandoval 
        County or any other privately held land inside of the exterior 
        boundaries of the Area. The boundaries of the Cibola National 
        Forest and the Area shall be adjusted to encompass any land 
        acquired pursuant to this section.
            (2) Acquisition by pueblo.--If the Pueblo acquires the 
        Piedra Lisa tract, the Secretary shall compensate the Pueblo 
        for the fair market value of--
                    (A) the right-of-way established pursuant to 
                section 1108(h)(3)(C); and
                    (B) the conservation easement established by the 
                limitations on use of the Piedra Lisa tract pursuant to 
                section 1108(b).
    (d) Reimbursement of Certain Costs.--
            (1) In general.--The Pueblo, the County of Bernalillo, New 
        Mexico, and any person that owns or has owned property inside 
        of the exterior boundaries of the Area as designated on the 
        map, and who has incurred actual and direct costs as a result 
        of participating in the case of Pueblo of Sandia v. Babbitt, 
        Civ. No. 94-2624 HHG (D.D.C.), or other proceedings directly 
        related to resolving the issues litigated in that case, may 
        apply for reimbursement in accordance with this section. Costs 
        directly related to such participation which shall qualify for 
        reimbursement shall be--
                    (A) dues or payments to a homeowner association for 
                the purpose of legal representation; and
                    (B) legal fees and related expenses.
            (2) Treatment of reimbursement.--Any reimbursement provided 
        in this subsection shall be in lieu of that which might 
        otherwise be available pursuant to the Equal Access to Justice 
        Act (24 U.S.C. 2412).
            (3) Payments.--The Secretary of the Treasury shall make 
        reimbursement payments as provided in this section out of any 
        money not otherwise appropriated.
            (4) Applications.--Applications for reimbursement shall be 
        filed within 180 days of the date of enactment of this Act with 
        the Department of the Treasury, Financial Management Service, 
        Washington, D.C.
            (5) Maximum reimbursement.--In no event shall any 1 party 
        be compensated in excess of $750,000 and the total amount 
        reimbursed pursuant to this section shall not exceed 
        $3,000,000.

SEC. 1113. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this subtitle, including such sums as are necessary for 
the Forest Service, in accordance with section 1112(c), to acquire 
ownership of, or other interests in or to, land within the external 
boundaries of the Area.

SEC. 1114. EFFECTIVE DATE.

    The provisions of this subtitle shall take effect immediately on 
enactment of this Act.

                Subtitle B--Pueblo de Cochiti Settlement

SEC. 1201. MODIFICATION OF PUEBLO DE COCHITI SETTLEMENT.

    Section 1 of Public Law 102-358 (106 Stat. 960) is amended--
            (1) by striking ``implement the settlement'' and inserting 
        the following: ``implement--
            ``(1) the settlement;'';
            (2) by striking the period at the end and inserting ``; 
        and''; and
            (3) by adding at the end the following:
            ``(2) the modifications regarding the use of the settlement 
        funds as described in the agreement known as the `First 
        Amendment to Operation and Maintenance Agreement for 
        Implementation of Cochiti Wetlands Solution', executed--
                    ``(A) on October 22, 2001, by the Army Corps of 
                Engineers;
                    ``(B) on October 25, 2001, by the Pueblo de Cochiti 
                of New Mexico; and
                    ``(C) on November 8, 2001, by the Secretary of the 
                Interior.''.

        TITLE II--WATER SETTLEMENTS AND WATER-RELATED PROVISIONS

      Subtitle A--Zuni Heaven Restoration Water Rights Settlement

SEC. 2101. SHORT TITLE.

    This subtitle may be cited as the ``Zuni Indian Tribe Water Rights 
Settlement Act of 2002''.

SEC. 2102. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) It is the policy of the United States, in keeping with 
        its trust responsibility to Indian tribes, to promote Indian 
        self-determination, religious freedom, political and cultural 
        integrity, and economic self-sufficiency, and to settle, 
        wherever possible, the water rights claims of Indian tribes 
        without lengthy and costly litigation.
            (2) Quantification of rights to water and development of 
        facilities needed to use tribal water supplies effectively is 
        essential to the development of viable Indian reservation 
        communities, particularly in arid western States.
            (3) On August 28, 1984, and by actions subsequent thereto, 
        the United States established a reservation for the Zuni Indian 
        Tribe in Apache County, Arizona upstream from the confluence of 
        the Little Colorado and Zuni Rivers for long-standing religious 
        and sustenance activities.
            (4) The water rights of all water users in the Little 
        Colorado River basin in Arizona have been in litigation since 
        1979, in the Superior Court of the State of Arizona in and for 
        the County of Apache in Civil No. 6417, In re The General 
        Adjudication of All Rights to Use Water in the Little Colorado 
        River System and Source.
            (5) Recognizing that the final resolution of the Zuni 
        Indian Tribe's water claims through litigation will take many 
        years and entail great expense to all parties, continue to 
        limit the Tribe's access to water with economic, social, and 
        cultural consequences to the Tribe, prolong uncertainty as to 
        the availability of water supplies, and seriously impair the 
        long-term economic planning and development of all parties, the 
        Tribe and neighboring non-Indians have sought to settle their 
        disputes to water and reduce the burdens of litigation.
            (6) After more than 4 years of negotiations, which included 
        participation by representatives of the United States, the Zuni 
        Indian Tribe, the State of Arizona, and neighboring non-Indian 
        communities in the Little Colorado River basin, the parties 
        have entered into a Settlement Agreement to resolve all of the 
        Zuni Indian Tribe's water rights claims and to assist the Tribe 
        in acquiring surface water rights, to provide for the Tribe's 
        use of groundwater, and to provide for the wetland restoration 
        of the Tribe's lands in Arizona.
            (7) To facilitate the wetland restoration project 
        contemplated under the Settlement Agreement, the Zuni Indian 
        Tribe acquired certain lands along the Little Colorado River 
        near or adjacent to its Reservation that are important for the 
        success of the project and will likely acquire a small amount 
        of similarly situated additional lands. The parties have agreed 
        not to object to the United States taking title to certain of 
        these lands into trust status; other lands shall remain in 
        tribal fee status. The parties have worked extensively to 
        resolve various governmental concerns regarding use of and 
        control over those lands, and to provide a successful model for 
        these types of situations, the State, local, and tribal 
        governments intend to enter into an Intergovernmental Agreement 
        that addresses the parties' governmental concerns.
            (8) Pursuant to the Settlement Agreement, the neighboring 
        non-Indian entities will assist in the Tribe's acquisition of 
        surface water rights and development of groundwater, store 
        surface water supplies for the Zuni Indian Tribe, and make 
        substantial additional contributions to carry out the 
        Settlement Agreement's provisions.
            (9) To advance the goals of Federal Indian policy and 
        consistent with the trust responsibility of the United States 
        to the Tribe, it is appropriate that the United States 
        participate in the implementation of the Settlement Agreement 
        and contribute funds for the rehabilitation of religious 
        riparian areas and other purposes to enable the Tribe to use 
        its water entitlement in developing its Reservation.
    (b) Purposes.--The purposes of this subtitle are--
            (1) to approve, ratify, and confirm the Settlement 
        Agreement entered into by the Tribe and neighboring non-
        Indians;
            (2) to authorize and direct the Secretary of the Interior 
        to execute and perform the Settlement Agreement and related 
        waivers;
            (3) to authorize and direct the United States to take legal 
        title and hold such title to certain lands in trust for the 
        benefit of the Zuni Indian Tribe; and
            (4) to authorize the actions, agreements, and 
        appropriations as provided for in the Settlement Agreement and 
        this subtitle.

SEC. 2103. DEFINITIONS.

    In this subtitle:
            (1) Eastern lcr basin.--The term ``Eastern LCR basin'' 
        means the portion of the Little Colorado River basin in Arizona 
        upstream of the confluence of Silver Creek and the Little 
        Colorado River, as identified on Exhibit 2.10 of the Settlement 
        Agreement.
            (2) Fund.--The term ``Fund'' means the Zuni Indian Tribe 
        Water Rights Development Fund established by section 2106(a).
            (3) Intergovernmental agreement.--The term 
        ``Intergovernmental Agreement'' means the intergovernmental 
        agreement between the Zuni Indian Tribe, Apache County, Arizona 
        and the State of Arizona described in article 6 of the 
        Settlement Agreement.
            (4) Pumping protection agreement.--The term ``Pumping 
        Protection Agreement'' means an agreement, described in article 
        5 of the Settlement Agreement, between the Zuni Tribe, the 
        United States on behalf of the Tribe, and a local landowner 
        under which the landowner agrees to limit pumping of 
        groundwater on his lands in exchange for a waiver of certain 
        claims by the Zuni Tribe and the United States on behalf of the 
        Tribe.
            (5) Reservation; zuni heaven reservation.--The term 
        ``Reservation'' or ``Zuni Heaven Reservation'', also referred 
        to as ``Kolhu:wala:wa'', means the following property in Apache 
        County, Arizona: Sections 26, 27, 28, 33, 34, and 35, Township 
        15 North, Range 26 East, Gila and Salt River Base and Meridian; 
        and Sections 2, 3, 4, 9, 10, 11, 13, 14, 15, 16, 23, 26, and 
        27, Township 14 North, Range 26 East, Gila and Salt River Base 
        and Meridian.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Settlement agreement.--The term ``Settlement 
        Agreement'' means that agreement dated June 7, 2002, together 
        with all exhibits thereto. The parties to the Settlement 
        Agreement include the Zuni Indian Tribe and its members, the 
        United States on behalf of the Tribe and its members, the State 
        of Arizona, the Arizona Game and Fish Commission, the Arizona 
        State Land Department, the Arizona State Parks Board, the St. 
        Johns Irrigation and Ditch Co., the Lyman Water Co., the Round 
        Valley Water Users' Association, the Salt River Project 
        Agricultural Improvement and Power District, the Tucson 
        Electric Power Company, the City of St. Johns, the Town of 
        Eagar, and the Town of Springerville.
            (8) SRP.--The term ``SRP'' means the Salt River Project 
        Agricultural Improvement and Power District, a political 
        subdivision of the State of Arizona.
            (9) TEP.--The term ``TEP'' means Tucson Electric Power 
        Company.
            (10) Tribe, zuni tribe, or zuni indian tribe.--The terms 
        ``Tribe'', ``Zuni Tribe'', or ``Zuni Indian Tribe'' means the 
        body politic and federally recognized Indian nation, and its 
        members.
            (11) Zuni lands.--The term ``Zuni Lands'' means all the 
        following lands, in the State of Arizona, that, on the 
        effective date described in section 2109(a), are--
                    (A) within the Zuni Heaven Reservation;
                    (B) held in trust by the United States for the 
                benefit of the Tribe or its members; or
                    (C) held in fee within the Little Colorado River 
                basin by or for the Tribe.

SEC. 2104. AUTHORIZATION, RATIFICATIONS, AND CONFIRMATIONS.

    (a) Settlement Agreement.--To the extent the Settlement Agreement 
does not conflict with the provisions of this subtitle, such Settlement 
Agreement is hereby approved, ratified, confirmed, and declared to be 
valid. The Secretary is authorized and directed to execute the 
Settlement Agreement and any amendments approved by the parties 
necessary to make the Settlement Agreement consistent with this 
subtitle. The Secretary is further authorized to perform any actions 
required by the Settlement Agreement and any amendments to the 
Settlement Agreement that may be mutually agreed upon by the parties to 
the Settlement Agreement.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Zuni Indian Tribe Water Rights Development Fund 
established in section 2106(a), $19,250,000, to be allocated by the 
Secretary as follows:
            (1) $3,500,000 for fiscal year 2004, to be used for the 
        acquisition of water rights and associated lands, and other 
        activities carried out, by the Zuni Tribe to facilitate the 
        enforceability of the Settlement Agreement, including the 
        acquisition of at least 2,350 acre-feet per year of water 
        rights before the deadline described in section 2109(b).
            (2) $15,750,000, of which $5,250,000 shall be made 
        available for each of fiscal years 2004, 2005, and 2006, to 
        take actions necessary to restore, rehabilitate, and maintain 
        the Zuni Heaven Reservation, including the Sacred Lake, 
        wetlands, and riparian areas as provided for in the Settlement 
        Agreement and under this subtitle.
    (c) Other Agreements.--Except as provided in section 2109, the 
following 3 separate agreements, together with all amendments thereto, 
are approved, ratified, confirmed, and declared to be valid:
            (1) The agreement between SRP, the Zuni Tribe, and the 
        United States on behalf of the Tribe, dated June 7, 2002.
            (2) The agreement between TEP, the Zuni Tribe, and the 
        United States on behalf of the Tribe, dated June 7, 2002.
            (3) The agreement between the Arizona State Land 
        Department, the Zuni Tribe, and the United States on behalf of 
        the Tribe, dated June 7, 2002.

SEC. 2105. TRUST LANDS.

    (a) New Trust Lands.--Upon satisfaction of the conditions in 
paragraph 6.2 of the Settlement Agreement, and after the requirements 
of section 2109(a) have been met, the Secretary shall take the legal 
title of the following lands into trust for the benefit of the Zuni 
Tribe:
            (1) In T. 14 N., R. 27 E., Gila and Salt River Base and 
        Meridian:
                    (A) Section 13: SW 1/4, S 1/2 NE 1/4 SE 1/4, W 1/2 
                SE 1/4, SE 1/4 SE 1/4;
                    (B) Section 23: N 1/2, N 1/2 SW 1/4, N 1/2 SE 1/4, 
                SE 1/4 SE 1/4, N 1/2 SW 1/4 SE 1/4, SE 1/4 SW 1/4 SE 1/
                4;
                    (C) Section 24: NW 1/4, SW 1/4, S 1/2 NE 1/4, N 1/2 
                SE 1/4; and
                    (D) Section 25: N 1/2 NE 1/4, SE 1/4 NE 1/4, NE 1/4 
                SE 1/4.
            (2) In T. 14 N., R. 28 E., Gila and Salt River Base and 
        Meridian:
                    (A) Section 19: W 1/2 E 1/2 NW 1/4, W 1/2 NW 1/4, W 
                1/2 NE 1/4 SW 1/4, NW 1/4 SW 1/4, S 1/2 SW 1/4;
                    (B) Section 29: SW 1/4 SW 1/4 NW 1/4, NW 1/4 NW 1/4 
                SW 1/4, S 1/2 N 1/2 SW 1/4, S 1/2 SW1/4, S 1/2 NW 1/4 
                SE 1/4, SW 1/4 SE 1/4;
                    (C) Section 30: W 1/2 , SE 1/4; and
                    (D) Section 31: N 1/2 NE 1/4, N 1/2 S 1/2 NE 1/4, S 
                1/2 SE 1/4 NE 1/4, NW 1/4, E 1/2 SW 1/4, N 1/2 NW 1/4 
                SW 1/4, SE 1/4 NW 1/4 SW 1/4, E 1/2 SW 1/4 SW 1/4, SW 
                1/4 SW 1/4 SW 1/4.
    (b) Future Trust Lands.--Upon satisfaction of the conditions in 
paragraph 6.2 of the Settlement Agreement, after the requirements of 
section 2109(a) have been met, and upon acquisition by the Zuni Tribe, 
the Secretary shall take the legal title of the following lands into 
trust for the benefit of the Zuni Tribe:
            (1) In T. 14 N., R. 26E., Gila and Salt River Base and 
        Meridian: Section 25: N 1/2 NE 1/4, N 1/2 S 1/2 NE 1/4, NW 1/4, 
        N 1/2 NE 1/4 SW 1/4, NE 1/4 NW 1/4 SW 1/4.
            (2) In T. 14 N., R. 27 E., Gila and Salt River Base and 
        Meridian:
                    (A) Section 14: SE 1/4 SW 1/4, SE 1/4;
                    (B) Section 16: S 1/2 SW 1/4 SE 1/4;
                    (C) Section 19: S 1/2 SE 1/4 SE 1/4;
                    (D) Section 20: S 1/2 SW 1/4 SW 1/4, E 1/2 SE 1/4 
                SE 1/4;
                    (E) Section 21: N 1/2 NE 1/4, E 1/2 NE 1/4 NW 1/4, 
                SE 1/4 NW 1/4, W 1/2 SW 1/4 NE 1/4, N 1/2 NE 1/4 SW 1/
                4, SW 1/4 NE 1/4 SW 1/4, E 1/2 NW 1/4 SW 1/4, SW 1/4 NW 
                1/4 SW 1/4, W 1/2 SW 1/4 SW 1/4;
                    (F) Section 22: SW 1/4 NE 1/4 NE 1/4, NW 1/4 NE 1/
                4, S 1/2 NE 1/4, N 1/2 NW 1/4, SE 1/4 NW1/4, N 1/2 SW 
                1/4 NW 1/4, SE 1/4 SW 1/4 NW 1/4, N 1/2 N 1/2 SE 1/4, N 
                1/2 NE 1/4 SW 1/4;
                    (G) Section 24: N 1/2 NE 1/4, S 1/2 SE 1/4;
                    (H) Section 29: N 1/2 N 1/2;
                    (I) Section 30: N 1/2 N 1/2, N 1/2 S 1/2 NW 1/4, N 
                1/2 SW 1/4 NE 1/4; and
                    (J) Section 36: SE 1/4 SE 1/4 NE 1/4, NE 1/4 NE 1/4 
                SE 1/4.
            (3) In T. 14 N., R. 28 E., Gila and Salt River Base and 
        Meridian:
                    (A) Section 18: S 1/2 NE 1/4, NE 1/4 SW 1/4, NE 1/4 
                NW 1/4 SW 1/4, S 1/2 NW 1/4 SW 1/4, S 1/2 SW 1/4, N 1/2 
                SE 1/4, N 1/2 SW 1/4 SE 1/4, SE 1/4 SE 1/4;
                    (B) Section 30: S 1/2 NE 1/4, W 1/2 NW 1/4 NE 1/4; 
                and
                    (C) Section 32: N 1/2 NW 1/4 NE 1/4, SW 1/4 NE 1/4, 
                S 1/2 SE 1/4 NE 1/4, NW 1/4, SW 1/4, N 1/2 SE 1/4, SW 
                1/4 SE 1/4, N 1/2 SE 1/4 SE 1/4, SW 1/4 SE 1/4 SE 1/4.
    (c) New Reservation Lands.--Upon satisfaction of the conditions in 
paragraph 6.2 of the Settlement Agreement, after the requirements of 
section 2109(a) have been met, and upon acquisition by the Zuni Tribe, 
the Secretary shall take the legal title of the following lands in 
Arizona into trust for the benefit of the Zuni Tribe and make such 
lands part of the Zuni Indian Tribe Reservation in Arizona: Section 34, 
T. 14 N., R. 26 E., Gila and Salt River Base and Meridian.
    (d) Limitation on Secretarial Discretion.--The Secretary shall have 
no discretion regarding the acquisitions described in subsections (a), 
(b), and (c).
    (e) Lands Remaining in Fee Status.--The Zuni Tribe may seek to have 
the legal title to additional lands in Arizona, other than the lands 
described in subsection (a), (b), or (c), taken into trust by the 
United States for the benefit of the Zuni Indian Tribe pursuant only to 
an Act of Congress enacted after the date of enactment of this Act 
specifically authorizing the transfer for the benefit of the Zuni 
Tribe.
    (f) Final Agency Action.--Any written certification by the 
Secretary under subparagraph 6.2.B of the Settlement Agreement 
constitutes final agency action under the Administrative Procedure Act 
and is reviewable as provided for under chapter 7 of title 5, United 
States Code.
    (g) No Federal Water Rights.--Lands taken into trust pursuant to 
subsection (a), (b), or (c) shall not have Federal reserved rights to 
surface water or groundwater.
    (h) State Water Rights.--The water rights and uses for the lands 
taken into trust pursuant to subsection (a) or (c) must be determined 
under subparagraph 4.1.A and article 5 of the Settlement Agreement. 
With respect to the lands taken into trust pursuant to subsection (b), 
the Zuni Tribe retains any rights or claims to water associated with 
these lands under State law, subject to the terms of the Settlement 
Agreement.
    (i) Forfeiture and Abandonment.--Water rights that are appurtenant 
to lands taken into trust pursuant to subsection (a), (b), or (c) shall 
not be subject to forfeiture and abandonment.
    (j) Ad Valorem Taxes.--With respect to lands that are taken into 
trust pursuant to subsection (a) or (b), the Zuni Tribe shall make 
payments in lieu of all current and future State, county, and local ad 
valorem property taxes that would otherwise be applicable to those 
lands if they were not in trust.
    (k) Authority of Tribe.--For purposes of complying with this 
section and article 6 of the Settlement Agreement, the Tribe is 
authorized to enter into--
            (1) the Intergovernmental Agreement between the Zuni Tribe, 
        Apache County, Arizona, and the State of Arizona; and
            (2) any intergovernmental agreement required to be entered 
        into by the Tribe under the terms of the Intergovernmental 
        Agreement.
    (l) Federal Acknowledgement of Intergovernmental Agreements.--
            (1) In general.--The Secretary shall acknowledge the terms 
        of any intergovernmental agreement entered into by the Tribe 
        under this section.
            (2) No abrogation.--The Secretary shall not seek to 
        abrogate, in any administrative or judicial action, the terms 
        of any intergovernmental agreement that are consistent with 
        subparagraph 6.2.A of the Settlement Agreement and this 
        subtitle.
            (3) Removal.--
                    (A) In general.--Except as provided in subparagraph 
                (B), if a judicial action is commenced during a dispute 
                over any intergovernmental agreement entered into under 
                this section, and the United States is allowed to 
                intervene in such action, the United States shall not 
                remove such action to the Federal courts.
                    (B) Exception.--The United States may seek removal 
                if--
                            (i) the action concerns the Secretary's 
                        decision regarding the issuance of rights-of-
                        way under section 2108(c);
                            (ii) the action concerns the authority of a 
                        Federal agency to administer programs or the 
                        issuance of a permit under--
                                    (I) the Federal Water Pollution 
                                Control Act (33 U.S.C. 1251 et seq.);
                                    (II) the Safe Drinking Water Act 
                                (42 U.S.C. 300f et seq.);
                                    (III) the Clean Air Act (42 U.S.C. 
                                7401 et seq.); or
                                    (IV) any other Federal law 
                                specifically addressed in 
                                intergovernmental agreements; or
                            (iii) the intergovernmental agreement is 
                        inconsistent with a Federal law for the 
                        protection of civil rights, public health, or 
                        welfare.
    (m) Rule of Construction.--Nothing in this subtitle shall be 
construed to affect the application of the Act of May 25, 1918 (25 
U.S.C. 211) within the State of Arizona.
    (n) Disclaimer.--Nothing in this section repeals, modifies, amends, 
changes, or otherwise affects the Secretary's obligations to the Zuni 
Tribe pursuant to the Act entitled ``An Act to convey certain lands to 
the Zuni Indian Tribe for religious purposes'' approved August 28, 1984 
(Public Law 98-408; 98 Stat. 1533) (and as amended by the Zuni Land 
Conservation Act of 1990 (Public Law 101-486; 104 Stat. 1174)).

SEC. 2106. DEVELOPMENT FUND.

    (a) Establishment of the Fund.--
            (1) In general.--There is established in the Treasury of 
        the United States a fund to be known as the ``Zuni Indian Tribe 
        Water Rights Development Fund'', to be managed and invested by 
        the Secretary, consisting of--
                    (A) the amounts authorized to be appropriated in 
                section 2104(b); and
                    (B) the appropriation to be contributed by the 
                State of Arizona pursuant to paragraph 7.6 of the 
                Settlement Agreement.
            (2) Additional deposits.--The Secretary shall deposit in 
        the Fund any other monies paid to the Secretary on behalf of 
        the Zuni Tribe pursuant to the Settlement Agreement.
    (b) 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 Zuni 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''), this 
subtitle, and the Settlement Agreement.
    (c) Investment of the Fund.--The Secretary shall invest amounts in 
the Fund in accordance with--
            (1) the Act of April 1, 1880 (21 Stat. 70, ch. 41, 25 
        U.S.C. 161);
            (2) the first section of the Act of June 24, 1938 (52 Stat. 
        1037, ch. 648, 25 U.S.C. 162a); and
            (3) subsection (b).
    (d) Availability of Amounts From the Fund.--The funds authorized to 
be appropriated pursuant to section 3104(b)(2) and funds contributed by 
the State of Arizona pursuant to paragraph 7.6 of the Settlement 
Agreement shall be available for expenditure or withdrawal only after 
the requirements of section 2109(a) have been met.
    (e) Expenditures and Withdrawal.--
            (1) Tribal management plan.--
                    (A) In general.--The Zuni 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 Zuni Tribe spend any funds 
                in accordance with the purposes described in section 
                2104(b).
            (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 subtitle.
            (3) Liability.--If the Zuni Tribe exercises the right to 
        withdraw monies from the Fund, neither the Secretary nor the 
        Secretary of the Treasury shall retain any liability for the 
        expenditure or investment of the monies withdrawn.
            (4) Expenditure plan.--
                    (A) In general.--The Zuni Tribe shall submit to the 
                Secretary for approval an expenditure plan for any 
                portion of the funds made available under this subtitle 
                that the Zuni Tribe does not withdraw under this 
                subsection.
                    (B) Description.--The expenditure plan shall 
                describe the manner in which, and the purposes for 
                which, funds of the Zuni Tribe remaining in the Fund 
                will be used.
                    (C) Approval.--On receipt of an expenditure plan 
                under subparagraph (A), the Secretary shall approve the 
                plan if the Secretary determines that the plan is 
                reasonable and consistent with this subtitle.
            (5) Annual report.--The Zuni Tribe shall submit to the 
        Secretary an annual report that describes all expenditures from 
        the Fund during the year covered by the report.
    (f) Funds for Acquisition of Water Rights.--
            (1) Water rights acquisitions.--Notwithstanding subsection 
        (e), the funds authorized to be appropriated pursuant to 
        section 2104(b)(1)--
                    (A) shall be available upon appropriation for use 
                in accordance with section 2104(b)(1); and
                    (B) shall be distributed by the Secretary to the 
                Zuni Tribe on receipt by the Secretary from the Zuni 
                Tribe of a written notice and a tribal council 
                resolution that describe the purposes for which the 
                funds will be used.
            (2) Right to set off.--In the event the requirements of 
        section 2109(a) have not been met and the Settlement Agreement 
        has become null and void under section 2109(b), the United 
        States shall be entitled to set off any funds expended or 
        withdrawn from the amount appropriated pursuant to section 
        2104(b)(1), together with any interest accrued, against any 
        claims asserted by the Zuni Tribe against the United States 
        relating to water rights at the Zuni Heaven Reservation.
            (3) Water rights.--Any water rights acquired with funds 
        described in paragraph (1) shall be credited against any water 
        rights secured by the Zuni Tribe, or the United States on 
        behalf of the Zuni Tribe, for the Zuni Heaven Reservation in 
        the Little Colorado River General Stream Adjudication or in any 
        future settlement of claims for those water rights.
    (g) No Per Capita Distributions.--No part of the Fund shall be 
distributed on a per capita basis to members of the Zuni Tribe.

SEC. 2107. CLAIMS EXTINGUISHMENT; WAIVERS AND RELEASES.

    (a) Full Satisfaction of Members' Claims.--
            (1) In general.--The benefits realized by the Tribe and its 
        members under this subtitle, including retention of any claims 
        and rights, shall constitute full and complete satisfaction of 
        all members' claims for--
                    (A) water rights under Federal, State, and other 
                laws (including claims for water rights in groundwater, 
                surface water, and effluent) for Zuni Lands from time 
                immemorial through the effective date described in 
                section 2109(a) and any time thereafter; and
                    (B) injuries to water rights under Federal, State, 
                and other laws (including claims for water rights in 
                groundwater, surface water, and effluent, claims for 
                damages for deprivation of water rights, and claims for 
                changes to underground water table levels) for Zuni 
                Lands from time immemorial through the effective date 
                described in section 2109(a).
            (2) No recognition or establishment of individual water 
        right.--Nothing in this subtitle recognizes or establishes any 
        right of a member of the Tribe to water on the Reservation.
    (b) Tribe and United States Authorization and Water Quantity 
Waivers.--The Tribe, on behalf of itself and its members and the 
Secretary on behalf of the United States in its capacity as trustee for 
the Zuni Tribe and its members, are authorized, as part of the 
performance of their obligations under the Settlement Agreement, to 
execute a waiver and release, subject to paragraph 11.4 of the 
Settlement Agreement, for claims against the State of Arizona, or any 
agency or political subdivision thereof, or any other person, entity, 
corporation, or municipal corporation, under Federal, State, or other 
law for any and all--
            (1) past, present, and future claims to water rights 
        (including water rights in groundwater, surface water, and 
        effluent) for Zuni Lands from time immemorial through the 
        effective date described in section 2109(a) and any time 
        thereafter, except for claims within the Zuni Protection Area 
        as provided in article 5 of the Settlement Agreement;
            (2) past and present claims for injuries to water rights 
        (including water rights in groundwater, surface water, and 
        effluent and including claims for damages for deprivation of 
        water rights and any claims for changes to underground water 
        table levels) for Zuni Lands from time immemorial through the 
        effective date described in section 2109(a); and
            (3) past, present, and future claims for water rights and 
        injuries to water rights (including water rights in 
        groundwater, surface water, and effluent and including any 
        claims for damages for deprivation of water rights and any 
        claims for changes to underground water table levels) from time 
        immemorial through the effective date described in section 
        2109(a), and any time thereafter, for lands outside of Zuni 
        Lands but located within the Little Colorado River basin in 
        Arizona, based upon aboriginal occupancy of lands by the Zuni 
        Tribe or its predecessors.
    (c) Tribal Waivers Against the United States.--The Tribe is 
authorized, as part of the performance of its obligations under the 
Settlement Agreement, to execute a waiver and release, subject to 
paragraphs 11.4 and 11.6 of the Settlement Agreement, for claims 
against the United States (acting in its capacity as trustee for the 
Zuni Tribe or its members, or otherwise acting on behalf of the Zuni 
Tribe or its members), including any agencies, officials, or employees 
thereof, for any and all--
            (1) past, present, and future claims to water rights 
        (including water rights in groundwater, surface water, and 
        effluent) for Zuni Lands, from time immemorial through the 
        effective date described in section 2109(a) and any time 
        thereafter;
            (2) past and present claims for injuries to water rights 
        (including water rights in groundwater, surface water, and 
        effluent and any claims for damages for deprivation of water 
        rights) for Zuni Lands from time immemorial through the 
        effective date described in section 2109(a);
            (3) past, present, and future claims for water rights and 
        injuries to water rights (including water rights in 
        groundwater, surface water, and effluent and any claims for 
        damages for deprivation of water rights) from time immemorial 
        through the effective date described in section 2109(a), and 
        any time thereafter, for lands outside of Zuni Lands but 
        located within the Little Colorado River basin in Arizona, 
        based upon aboriginal occupancy of lands by the Zuni Tribe or 
        its predecessors;
            (4) past and present claims for failure to protect, 
        acquire, or develop water rights of, or failure to protect 
        water quality for, the Zuni Tribe within the Little Colorado 
        River basin in Arizona from time immemorial through the 
        effective date described in section 2109(a); and
            (5) claims for breach of the trust responsibility of the 
        United States to the Zuni Tribe arising out of the negotiation 
        of the Settlement Agreement or this subtitle.
    (d) Tribal Waiver of Water Quality Claims and Interference With 
Trust Claims.--
            (1) Claims against the state and others.--
                    (A) Interference with trust responsibility.--The 
                Tribe, on behalf of itself and its members, is 
                authorized, as part of the performance of its 
                obligations under the Settlement Agreement, to waive 
                and release all claims against the State of Arizona, or 
                any agency or political subdivision thereof, or any 
                other person, entity, corporation, or municipal 
                corporation under Federal, State, or other law, for 
                claims of interference with the trust responsibility of 
                the United States to the Zuni Tribe arising out of the 
                negotiation of the Settlement Agreement or this 
                subtitle.
                    (B) Injury or threat of injury to water quality.--
                The Tribe, on behalf of itself and its members, is 
                authorized, as part of the performance of its 
                obligations under the Settlement Agreement, to waive 
                and release, subject to paragraphs 11.4, 11.6, and 11.7 
                of the Settlement Agreement, all claims against the 
                State of Arizona, or any agency or political 
                subdivision thereof, or any other person, entity, 
                corporation, or municipal corporation under Federal, 
                State, or other law, for--
                            (i) any and all past and present claims, 
                        including natural resource damage claims under 
                        the Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (42 
                        U.S.C. 9601 et seq.), the Oil Pollution Act of 
                        1990 (33 U.S.C. 2701 et seq.), or any other 
                        applicable statute, for injury to water quality 
                        accruing from time immemorial through the 
                        effective date described in section 2109(a), 
                        for lands within the Little Colorado River 
                        basin in the State of Arizona; and
                            (ii) any and all future claims, including 
                        natural resource damage claims under the 
                        Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (42 
                        U.S.C. 9601 et seq.), the Oil Pollution Act of 
                        1990 (33 U.S.C. 2701 et seq.), or any other 
                        applicable statute, for injury or threat of 
                        injury to water quality, accruing after the 
                        effective date described in section 2109(a), 
                        for any lands within the Eastern LCR basin 
                        caused by--
                                    (I) the lawful diversion or use of 
                                surface water;
                                    (II) the lawful withdrawal or use 
                                of underground water, except within the 
                                Zuni Protection Area, as provided in 
                                article 5 of the Settlement Agreement;
                                    (III) the Parties' performance of 
                                any obligations under the Settlement 
                                Agreement;
                                    (IV) the discharge of oil 
                                associated with routine physical or 
                                mechanical maintenance of wells or 
                                diversion structures not inconsistent 
                                with applicable law;
                                    (V) the discharge of oil associated 
                                with routine start-up and operation of 
                                well pumps not inconsistent with 
                                applicable law; or
                                    (VI) any combination of the causes 
                                described in subclauses (I) through 
                                (V).
            (2) Claims of the united states.--The Tribe, on behalf of 
        itself and its members, is authorized to waive its right to 
        request that the United States bring--
                    (A) any claims for injuries to water quality under 
                the natural resource damage provisions of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Oil 
                Pollution Act of 1990 (33 U.S.C. 2701 et seq.) or any 
                other applicable statute, for lands within the Little 
                Colorado River Basin in the State of Arizona, accruing 
                from time immemorial through the effective date 
                described in section 2109(a); and
                    (B) any future claims for injuries or threat of 
                injury to water quality under the natural resource 
                damage provisions of the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9601 et seq.), the Oil Pollution Act of 1990 (33 
                U.S.C. 2701 et seq.), or any other applicable statute, 
                accruing after the effective date described in section 
                2109(a), for any lands within the Eastern LCR basin, 
                caused by--
                            (i) the lawful diversion or use of surface 
                        water;
                            (ii) the lawful withdrawal or use of 
                        underground water, except within the Zuni 
                        Protection Area, as provided in article 5 of 
                        the Settlement Agreement;
                            (iii) the Parties' performance of any 
                        obligations under the Settlement Agreement;
                            (iv) the discharge of oil associated with 
                        routine physical or mechanical maintenance of 
                        wells or diversion structures not inconsistent 
                        with applicable law;
                            (v) the discharge of oil associated with 
                        routine start-up and operation of well pumps 
                        not inconsistent with applicable law; or
                            (vi) any combination of the causes 
                        described in clauses (i) through (v).
            (3) Limitations.--Notwithstanding the authorization for the 
        Tribe's waiver of future water quality claims in paragraph 
        (1)(B)(ii) and the waiver in paragraph (2)(B), the Tribe, on 
        behalf of itself and its members, retains any statutory claims 
        for injury or threat of injury to water quality under the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Oil 
        Pollution Act of 1990 (33 U.S.C. 2701 et seq.), as described in 
        subparagraph 11.4(D)(3) and (4) of the Settlement Agreement, 
        that accrue at least 30 years after the effective date 
        described in section 2109(a).
    (e) Waiver of United States Water Quality Claims Related to 
Settlement Land and Water.--
            (1) Past and present claims.--As part of the performance of 
        its obligations under the Settlement Agreement, the United 
        States waives and releases, subject to the retentions in 
        paragraphs 11.4, 11.6 and 11.7 of the Settlement Agreement, all 
        claims against the State of Arizona, or any agency or political 
        subdivision thereof, or any other person, entity, corporation, 
        or municipal corporation for--
                    (A) all past and present common law claims accruing 
                from time immemorial through the effective date 
                described in section 2109(a) arising from or relating 
                to water quality in which the injury asserted is to the 
                Tribe's interest in water, trust land, and natural 
                resources in the Little Colorado River basin in the 
                State of Arizona; and
                    (B) all past and present natural resource damage 
                claims accruing through the effective date described in 
                section 2109(a) arising from or relating to water 
                quality in which the claim is based on injury to 
                natural resources or threat to natural resources in the 
                Little Colorado River basin in Arizona, only for those 
                cases in which the United States, through the Secretary 
                or other designated Federal official, would act on 
                behalf of the Tribe as a natural resource trustee 
                pursuant to the National Contingency Plan, as set 
                forth, as of the date of enactment of this Act, in 
                section 300.600(b)(2) of title 40, Code of Federal 
                Regulations.
            (2) Future claims.--As part of the performance of its 
        obligations under the Settlement Agreement, the United States 
        waives and releases, subject to the retentions in paragraphs 
        11.4, 11.6 and 11.7 of the Settlement Agreement, the State of 
        Arizona, or any agency or political subdivision thereof, or any 
        other person, entity, corporation, or municipal corporation 
        for--
                    (A) all future common law claims arising from or 
                relating to water quality in which the injury or threat 
                of injury asserted is to the Tribe's interest in water, 
                trust land, and natural resources in the Eastern LCR 
                basin in Arizona accruing after the effective date 
                described in section 2109(a) caused by--
                            (i) the lawful diversion or use of surface 
                        water;
                            (ii) the lawful withdrawal or use of 
                        underground water, except within the Zuni 
                        Protection Area, as provided in article 5 of 
                        the Settlement Agreement;
                            (iii) the Parties' performance of any 
                        obligations under the Settlement Agreement;
                            (iv) the discharge of oil associated with 
                        routine physical or mechanical maintenance of 
                        wells or diversion structures not inconsistent 
                        with applicable law;
                            (v) the discharge of oil associated with 
                        routine start-up and operation of well pumps 
                        not inconsistent with applicable law; or
                            (vi) any combination of the causes 
                        described in clauses (i) through (v); and
                    (B) all future natural resource damage claims 
                accruing after the effective date described in section 
                2109(a) arising from or relating to water quality in 
                which the claim is based on injury to natural resources 
                or threat to natural resources in the Eastern LCR basin 
                in Arizona, only for those cases in which the United 
                States, through the Secretary or other designated 
                Federal official, would act on behalf of the Tribe as a 
                natural resource trustee pursuant to the National 
                Contingency Plan, as set forth, as of the date of 
                enactment of this Act, in section 300.600(b)(2) of 
                title 40, Code of Federal Regulations, caused by--
                            (i) the lawful diversion or use of surface 
                        water;
                            (ii) the lawful withdrawal or use of 
                        underground water, except within the Zuni 
                        Protection Area as provided in article 5 of the 
                        Settlement Agreement;
                            (iii) the Parties' performance of their 
                        obligations under this Settlement Agreement;
                            (iv) the discharge of oil associated with 
                        routine physical or mechanical maintenance of 
                        wells or diversion structures not inconsistent 
                        with applicable law;
                            (v) the discharge of oil associated with 
                        routine start-up and operation of well pumps 
                        not inconsistent with applicable law; or
                            (vi) any combination of the causes 
                        described in clauses (i) through (v).
    (f) Effect.--Subject to subsections (b) and (e), nothing in this 
subtitle or the Settlement Agreement affects any right of the United 
States, or the State of Arizona, to take any actions, including 
enforcement actions, under any laws (including regulations) relating to 
human health, safety and the environment.

SEC. 2108. MISCELLANEOUS PROVISIONS.

    (a) Waiver of Sovereign Immunity.--If any party to the Settlement 
Agreement or a Pumping Protection Agreement files a lawsuit only 
relating directly to the interpretation or enforcement of this 
subtitle, the Settlement Agreement, an agreement described in paragraph 
(1), (2), or (3) of section 2104(c), or a Pumping Protection Agreement, 
naming the United States or the Tribe as a party, or if any other 
landowner or water user in the Little Colorado River basin in Arizona 
files a lawsuit only relating directly to the interpretation or 
enforcement of Article 11, the rights of de minimis users in 
subparagraph 4.2.D or the rights of underground water users under 
Article 5 of the Settlement Agreement, naming the United States or the 
Tribe as a party--
            (1) the United States, the Tribe, or both may be added as a 
        party to any such litigation, and any claim by the United 
        States or the Tribe to sovereign immunity from such suit is 
        hereby waived, other than with respect to claims for monetary 
        awards except as specifically provided for in the Settlement 
        Agreement; and
            (2) the Tribe may waive its sovereign immunity from suit in 
        the Superior Court of Apache County, Arizona for the limited 
        purposes of enforcing the terms of the Intergovernmental 
        Agreement, and any intergovernmental agreement required to be 
        entered into by the Tribe under the terms of the 
        Intergovernmental Agreement, other than with respect to claims 
        for monetary awards except as specifically provided in the 
        Intergovernmental Agreement.
    (b) Tribal Use of Water.--
            (1) In general.--With respect to water rights made 
        available under the Settlement Agreement and used on the Zuni 
        Heaven Reservation--
                    (A) such water rights shall be held in trust by the 
                United States in perpetuity, and shall not be subject 
                to forfeiture or abandonment;
                    (B) State law shall not apply to water uses on the 
                Reservation;
                    (C) the State of Arizona may not regulate or tax 
                such water rights or uses (except that the court with 
                jurisdiction over the decree entered pursuant to the 
                Settlement Agreement or the Norviel Decree Court may 
                assess administrative fees for delivery of this water);
                    (D) subject to paragraph 7.7 of the Settlement 
                Agreement, the Zuni Tribe shall use water made 
                available to the Zuni Tribe under the Settlement 
                Agreement on the Zuni Heaven Reservation for any use it 
                deems advisable;
                    (E) water use by the Zuni Tribe or the United 
                States on behalf of the Zuni Tribe for wildlife or 
                instream flow use, or for irrigation to establish or 
                maintain wetland on the Reservation, shall be 
                considered to be consistent with the purposes of the 
                Reservation; and
                    (F)(i) not later than 3 years after the deadline 
                described in section 2109(b), the Zuni Tribe shall 
                adopt a water code to be approved by the Secretary for 
                regulation of water use on the lands identified in 
                subsections (a) and (b) of section 2105 that is 
                reasonably equivalent to State water law (including 
                statutes relating to dam safety and groundwater 
                management); and
                    (ii) until such date as the Zuni Tribe adopts a 
                water code described in clause (i), the Secretary, in 
                consultation with the State of Arizona, shall 
                administer water use and water regulation on lands 
                described in that clause in a manner that is reasonably 
                equivalent to State law (including statutes relating to 
                dam safety and groundwater management).
            (2) Limitation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Zuni Tribe or the United States shall not 
                sell, lease, transfer, or transport water made 
                available for use on the Zuni Heaven Reservation to any 
                other place.
                    (B) Exception.--Water made available to the Zuni 
                Tribe or the United States for use on the Zuni Heaven 
                Reservation may be severed and transferred from the 
                Reservation to other Zuni Lands if the severance and 
                transfer is accomplished in accordance with State law 
                (and once transferred to any lands held in fee, such 
                water shall be subject to State law).
    (c) Rights-of-Way.--
            (1) New and future trust land.--The land taken into trust 
        under subsections (a) and (b) of section 2105 shall be subject 
        to existing easements and rights-of-way.
            (2) Additional rights-of-way.--
                    (A) In general.--Notwithstanding any other 
                provision of law, the Secretary, in consultation with 
                the Tribe, shall grant additional rights-of-way or 
                expansions of existing rights-of-way for roads, 
                utilities, and other accommodations to adjoining 
                landowners if--
                            (i) the proposed right-of-way is necessary 
                        to the needs of the applicant;
                            (ii) the proposed right-of-way will not 
                        cause significant and substantial harm to the 
                        Tribe's wetland restoration project or 
                        religious practices; and
                            (iii) the proposed right-of-way acquisition 
                        will comply with the procedures in part 169 of 
                        title 25, Code of Federal Regulations, not 
                        inconsistent with this subsection and other 
                        generally applicable Federal laws unrelated to 
                        the acquisition of interests across trust 
                        lands.
                    (B) Alternatives.--If the criteria described in 
                clauses (i) through (iii) of subparagraph (A) are not 
                met, the Secretary may propose an alternative right-of-
                way, or other accommodation that complies with the 
                criteria.
    (d) Certain Claims Prohibited.--The United States shall make no 
claims for reimbursement of costs arising out of the implementation of 
this subtitle or the Settlement Agreement against any Indian-owned land 
within the Tribe's Reservation, and no assessment shall be made in 
regard to such costs against such lands.
    (e) Vested Rights.--Except as described in paragraph 5.3 of the 
Settlement Agreement (recognizing the Zuni Tribe's use of 1,500 acre-
feet per annum of groundwater) this subtitle and the Settlement 
Agreement do not create any vested right to groundwater under Federal 
or State law, or any priority to the use of groundwater that would be 
superior to any other right or use of groundwater under Federal or 
State law, whether through this subtitle, the Settlement Agreement, or 
by incorporation of any abstract, agreement, or stipulation prepared 
under the Settlement Agreement. Notwithstanding the preceding sentence, 
the rights of parties to the agreements referred to in paragraph (1), 
(2), or (3) of section 2104(c) and paragraph 5.8 of the Settlement 
Agreement, as among themselves, shall be as stated in those agreements.
    (f) Other Claims.--Nothing in the Settlement Agreement or this 
subtitle quantifies or otherwise affects the water rights, claims, or 
entitlements to water of any Indian tribe, band, or community, other 
than the Zuni Indian Tribe.
    (g) No Major Federal Action.--
            (1) In general.--Execution of the Settlement Agreement by 
        the Secretary as provided for in section 2104(a) shall not 
        constitute major Federal action under the National 
        Environmental Policy Act (42 U.S.C. 4321 et seq.).
            (2) Settlement agreement.--In implementing the Settlement 
        Agreement, the Secretary shall comply with all aspects of--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); and
                    (C) all other applicable environmental laws 
                (including regulations).

SEC. 2109. EFFECTIVE DATE FOR WAIVER AND RELEASE AUTHORIZATIONS.

    (a) In General.--The waiver and release authorizations contained in 
subsections (b) and (c) of section 2107 shall become effective as of 
the date the Secretary causes to be published in the Federal Register a 
statement of all the following findings:
            (1) This subtitle has been enacted in a form approved by 
        the parties in paragraph 3.1.A of the Settlement Agreement.
            (2) The funds authorized by section 2104(b) have been 
        appropriated and deposited into the Fund.
            (3) The State of Arizona has appropriated and deposited 
        into the Fund the amount required by paragraph 7.6 of the 
        Settlement Agreement.
            (4) The Zuni Indian Tribe has either purchased or acquired 
        the right to purchase at least 2,350 acre-feet per annum of 
        surface water rights, or waived this condition as provided in 
        paragraph 3.2 of the Settlement Agreement.
            (5) Pursuant to subparagraph 3.1.D of the Settlement 
        Agreement, the severance and transfer of surface water rights 
        that the Tribe owns or has the right to purchase have been 
        conditionally approved, or the Tribe has waived this condition 
        as provided in paragraph 3.2 of the Settlement Agreement.
            (6) Pursuant to subparagraph 3.1.E of the Settlement 
        Agreement, the Tribe and Lyman Water Company have executed an 
        agreement relating to the process of the severance and transfer 
        of surface water rights acquired by the Zuni Tribe or the 
        United States, the pass-through, use, or storage of the Tribe's 
        surface water rights in Lyman Lake, and the operation of Lyman 
        Dam.
            (7) Pursuant to subparagraph 3.1.F of the Settlement 
        Agreement, all the parties to the Settlement Agreement have 
        agreed and stipulated to certain Arizona Game and Fish 
        abstracts of water uses.
            (8) Pursuant to subparagraph 3.1.G of the Settlement 
        Agreement, all parties to the Settlement Agreement have agreed 
        to the location of an observation well and that well has been 
        installed.
            (9) Pursuant to subparagraph 3.1.H of the Settlement 
        Agreement, the Zuni Tribe, Apache County, Arizona and the State 
        of Arizona have executed an Intergovernmental Agreement that 
        satisfies all of the conditions in paragraph 6.2 of the 
        Settlement Agreement.
            (10) The Zuni Tribe has acquired title to the section of 
        land adjacent to the Zuni Heaven Reservation described as 
        Section 34, Township 14 North, Range 26 East, Gila and Salt 
        River Base and Meridian.
            (11) The Settlement Agreement has been modified if and to 
        the extent it is in conflict with this subtitle and such 
        modification has been agreed to by all the parties to the 
        Settlement Agreement.
            (12) A court of competent jurisdiction has approved the 
        Settlement Agreement by a final judgment and decree.
    (b) Deadline for Effective Date.--If the publication in the Federal 
Register required under subsection (a) has not occurred by December 31, 
2006, sections 2104 and 2105, and any agreements entered into pursuant 
to sections 2104 and 2105 (including the Settlement Agreement and the 
Intergovernmental Agreement) shall not thereafter be effective and 
shall be null and void. Any funds and the interest accrued thereon 
appropriated pursuant to section 2104(b)(2) shall revert to the 
Treasury, and any funds and the interest accrued thereon appropriated 
pursuant to paragraph 7.6 of the Settlement Agreement shall revert to 
the State of Arizona.

                   Subtitle B--Quinault Indian Nation

SEC. 2201. QUINAULT INDIAN NATION WATER FEASIBILITY STUDY.

    (a) In General.--The Secretary of the Interior may carry out a 
water source, quantity, and quality feasibility study for the Quinault 
Indian Nation, to identify ways to meet the current and future domestic 
and commercial water supply and distribution needs of the Quinault 
Indian Nation on the Olympic Peninsula, Washington.
    (b) Public Availability of Results.--As soon as practicable after 
completion of a feasibility study under subsection (a), the Secretary 
of the Interior shall--
            (1) publish in the Federal Register a notice of the 
        availability of the results of the feasibility study; and
            (2) make available to the public, on request, the results 
        of the feasibility study.

     Subtitle C--Santee Sioux Tribe of Nebraska Rural Water System 
                           Feasibility Study

SEC. 2301. STUDY; REPORT.

    (a) Study.--Pursuant to reclamation laws, the Secretary of the 
Interior (referred to in this subtitle as the ``Secretary''), through 
the Bureau of Reclamation and in consultation with the Santee Sioux 
Tribe of Nebraska (referred to in this subtitle 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 subtitle, the Secretary shall submit to Congress a 
report containing the results of the study required by subsection (a).

SEC. 2302. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary $500,000 to 
carry out this subtitle.

                       TITLE III--LAND PROVISIONS

Subtitle A--Agreement To Affirm Boundary Between Pueblo of Santa Clara 
 and Pueblo of San Ildefonso Aboriginal Land Within Garcia Canyon Tract

SEC. 3101. DEFINITIONS.

    In this subtitle:
            (1) Agreement.--The term ``Agreement'' means the agreement 
        entitled ``Agreement to Affirm Boundary Between Pueblo of Santa 
        Clara and Pueblo of San Ildefonso Aboriginal Lands Within 
        Garcia Canyon Tract'', entered into by the Governors on 
        December 20, 2000.
            (2) Boundary line.--The term ``boundary line'' means the 
        boundary line established under section 3104(a).
            (3) Governors.--The term ``Governors'' means--
                    (A) the Governor of the Pueblo of Santa Clara, New 
                Mexico; and
                    (B) the Governor of the Pueblo of San Ildefonso, 
                New Mexico.
            (4) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (5) Pueblos.--The term ``Pueblos'' means--
                    (A) the Pueblo of Santa Clara, New Mexico; and
                    (B) the Pueblo of San Ildefonso, New Mexico.
            (6) Trust land.--The term ``trust land'' means the land 
        held by the United States in trust under section 3102(a) or 
        3103(a).

SEC. 3102. TRUST FOR THE PUEBLO OF SANTA CLARA, NEW MEXICO.

    (a) In General.--All right, title, and interest of the United 
States in and to the land described in subsection (b), including 
improvements on, appurtenances to, and mineral rights (including rights 
to oil and gas) to the land, shall be held by the United States in 
trust for the Pueblo of Santa Clara, New Mexico.
    (b) Description of Land.--The land referred to in subsection (a) 
consists of approximately 2,484 acres of Bureau of Land Management land 
located in Rio Arriba County, New Mexico, and more particularly 
described as--
            (1) the portion of T. 20 N., R. 7 E., sec. 22, New Mexico 
        Principal Meridian, that is located north of the boundary line;
            (2) the southern half of T. 20 N., R. 7 E., sec. 23, New 
        Mexico Principal Meridian;
            (3) the southern half of T. 20 N., R. 7 E., sec. 24, New 
        Mexico Principal Meridian;
            (4) T. 20 N., R. 7 E., sec. 25, excluding the 5-acre tract 
        in the southeast quarter owned by the Pueblo of San Ildefonso;
            (5) the portion of T. 20 N., R. 7 E., sec. 26, New Mexico 
        Principal Meridian, that is located north and east of the 
        boundary line;
            (6) the portion of T. 20 N., R. 7 E., sec. 27, New Mexico 
        Principal Meridian, that is located north of the boundary line;
            (7) the portion of T. 20 N., R. 8 E., sec. 19, New Mexico 
        Principal Meridian, that is not included in the Santa Clara 
        Pueblo Grant or the Santa Clara Indian Reservation; and
            (8) the portion of T. 20 N., R. 8 E., sec. 30, that is not 
        included in the Santa Clara Pueblo Grant or the San Ildefonso 
        Grant.

SEC. 3103. TRUST FOR THE PUEBLO OF SAN ILDEFONSO, NEW MEXICO.

    (a) In General.--All right, title, and interest of the United 
States in and to the land described in subsection (b), including 
improvements on, appurtenances to, and mineral rights (including rights 
to oil and gas) to the land, shall be held by the United States in 
trust for the Pueblo of San Ildefonso, New Mexico.
    (b) Description of Land.--The land referred to in subsection (a) 
consists of approximately 2,000 acres of Bureau of Land Management land 
located in Rio Arriba County and Santa Fe County in the State of New 
Mexico, and more particularly described as--
            (1) the portion of T. 20 N., R. 7 E., sec. 22, New Mexico 
        Principal Meridian, that is located south of the boundary line;
            (2) the portion of T. 20 N., R. 7 E., sec. 26, New Mexico 
        Principal Meridian, that is located south and west of the 
        boundary line;
            (3) the portion of T. 20 N., R. 7 E., sec. 27, New Mexico 
        Principal Meridian, that is located south of the boundary line;
            (4) T. 20 N., R. 7 E., sec. 34, New Mexico Principal 
        Meridian; and
            (5) the portion of T. 20 N., R. 7 E., sec. 35, New Mexico 
        Principal Meridian, that is not included in the San Ildefonso 
        Pueblo Grant.

SEC. 3104. SURVEY AND LEGAL DESCRIPTIONS.

    (a) Survey.--Not later than 180 days after the date of enactment of 
this Act, the Office of Cadastral Survey of the Bureau of Land 
Management shall, in accordance with the Agreement, complete a survey 
of the boundary line established under the Agreement for the purpose of 
establishing, in accordance with sections 3102(b) and 3103(b), the 
boundaries of the trust land.
    (b) Legal Descriptions.--
            (1) Publication.--On approval by the Governors of the 
        survey completed under subsection (a), the Secretary shall 
        publish in the Federal Register--
                    (A) a legal description of the boundary line; and
                    (B) legal descriptions of the trust land.
            (2) Technical corrections.--Before the date on which the 
        legal descriptions are published under paragraph (1)(B), the 
        Secretary may correct any technical errors in the descriptions 
        of the trust land provided in sections 3102(b) and 3103(b) to 
        ensure that the descriptions are consistent with the terms of 
        the Agreement.
            (3) Effect.--Beginning on the date on which the legal 
        descriptions are published under paragraph (1)(B), the legal 
        descriptions shall be the official legal descriptions of the 
        trust land.

SEC. 3105. ADMINISTRATION OF TRUST LAND.

    (a) In General.--Effective beginning on the date of enactment of 
this Act--
            (1) the land held in trust under section 3102(a) shall be 
        declared to be a part of the Santa Clara Indian Reservation; 
        and
            (2) the land held in trust under section 3103(a) shall be 
        declared to be a part of the San Ildefonso Indian Reservation.
    (b) Applicable Law.--
            (1) In general.--The trust land shall be administered in 
        accordance with any law (including regulations) or court order 
        generally applicable to property held in trust by the United 
        States for Indian tribes.
            (2) Pueblo lands act.--The following shall be subject to 
        section 17 of the Act of June 7, 1924 (commonly known as the 
        ``Pueblo Lands Act'') (25 U.S.C. 331 note):
                    (A) The trust land.
                    (B) Any land owned as of the date of enactment of 
                this Act or acquired after the date of enactment of 
                this Act by the Pueblo of Santa Clara in the Santa 
                Clara Pueblo Grant.
                    (C) Any land owned as of the date of enactment of 
                this Act or acquired after the date of enactment of 
                this Act by the Pueblo of San Ildefonso in the San 
                Ildefonso Pueblo Grant.
    (c) Use of Trust Land.--
            (1) In general.--Subject to the criteria developed under 
        paragraph (2), the trust land may be used only for--
                    (A) traditional and customary uses; or
                    (B) stewardship conservation for the benefit of the 
                Pueblo for which the trust land is held in trust.
            (2) Criteria.--The Secretary shall work with the Pueblos to 
        develop appropriate criteria for using the trust land in a 
        manner that preserves the trust land for traditional and 
        customary uses or stewardship conservation.
            (3) Limitation.--Beginning on the date of enactment of this 
        Act, the trust land shall not be used for any new commercial 
        developments.

SEC. 3106. EFFECT.

    Nothing in this subtitle--
            (1) affects any valid right-of-way, lease, permit, mining 
        claim, grazing permit, water right, or other right or interest 
        of a person or entity (other than the United States) that is--
                    (A) in or to the trust land; and
                    (B) in existence before the date of enactment of 
                this Act;
            (2) enlarges, impairs, or otherwise affects a right or 
        claim of the Pueblos to any land or interest in land that is--
                    (A) based on Aboriginal or Indian title; and
                    (B) in existence before the date of enactment of 
                this Act;
            (3) constitutes an express or implied reservation of water 
        or water right with respect to the trust land; or
            (4) affects any water right of the Pueblos in existence 
        before the date of enactment of this Act.

                 Subtitle B--Additional Land Provisions

SEC. 3201. INDIAN LAND CONSOLIDATION ACT AMENDMENTS.

    Section 217(c) of the Indian Land Consolidation Act (25 U.S.C. 
2216(c)) is amended--
            (1) by striking the subsection heading and all that follows 
        through the end of the first sentence and inserting the 
        following:
    ``(c) Acquisition of Interest by Secretary.--
            ``(1) Request.--
                    ``(A) In general.--An Indian, or the recognized 
                tribal government of a reservation, that is in 
                possession of any portion of the fee interest in a 
                parcel of land described in subparagraph (B) may 
                request that the interest be taken into trust by the 
                Secretary.
                    ``(B) Land.--A parcel of land described in this 
                subparagraph is any parcel of land--
                            ``(i) that is located within a reservation; 
                        and
                            ``(ii) at least a portion of the ownership 
                        interest in which is held by the Secretary, in 
                        trust or restricted status, on November 7, 
                        2000.''; and
            (2) in the second sentence, by striking ``Upon'' and 
        inserting the following:
            ``(2) Interest.--Upon''.

SEC. 3202. MISSISSIPPI BAND OF CHOCTAW INDIANS.

    Section 1(a)(2) of Public Law 106-228 (114 Stat. 462) is amended by 
striking ``report entitled'' and all that follows through ``is hereby 
declared'' and inserting the following: ``report entitled `Report of 
May 17, 2002, Clarifying and Correcting Legal Descriptions or Recording 
Information for Certain Lands placed into Trust and Reservation Status 
for the Mississippi Band of Choctaw Indians by Section 1(a)(2) of Pub. 
L. 106-228, as amended by Title VIII, Section 811 of Pub. L. 106-568', 
on file in the Office of the Superintendent, Choctaw Agency, Bureau of 
Indian Affairs, Department of the Interior, is declared''.

SEC. 3203. REMOVAL OF RESTRICTIONS ON UTE TRIBE OF THE UINTAH AND OURAY 
              RESERVATION LAND.

    Section 3405(c) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 note; Public Law 
105-261) is amended by striking paragraph (3) and inserting the 
following:
    ``(3) With respect to the land conveyed to the Tribe under 
subsection (b)--
            ``(A) the land shall not be subject to any Federal 
        restriction on alienation; and
            ``(B) no grant, lease, exploration or development 
        agreement, or other conveyance of the land (or any interest in 
        the land) that is authorized by the governing body of the Tribe 
        shall be subject to approval by the Secretary of the Interior 
        or any other Federal official.''.

SEC. 3204. RESERVATION LAND OF THE COW CREEK BAND OF UMPQUA TRIBE OF 
              INDIANS.

    Section 7 of the Cow Creek Band of Umpqua Tribe of Indians 
Recognition Act (25 U.S.C. 712e) is amended in the third sentence by 
inserting before the period at the end the following: ``, and shall be 
treated as on-reservation land for the purpose of processing 
acquisitions of real property into trust''.

SEC. 3205. DISPOSITION OF FEE LAND OF THE SEMINOLE TRIBE OF FLORIDA.

    (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.

SEC. 3206. DISPOSITION OF FEE LAND OF THE SHAKOPEE MDEWAKANTON SIOUX 
              COMMUNITY.

    (a) In General.--Notwithstanding any other provision of law, 
without further authorization by the United States, the Shakopee 
Mdewakanton Sioux Community in the State of Minnesota (referred to in 
this section as the ``Community'') may lease, sell, convey, warrant, or 
otherwise transfer all or any part of the interest of the Community in 
or to any real property that is not held in trust by the United States 
for the benefit of the Community.
    (b) Trust Land not Affected.--Nothing in this section--
            (1) authorizes the Community to lease, sell, convey, 
        warrant, or otherwise transfer all or part of an interest in 
        any real property that is held in trust by the United States 
        for the benefit of the Community; or
            (2) affects the operation of any law governing leasing, 
        selling, conveying, warranting, or otherwise transferring any 
        interest in that trust land.

SEC. 3207. FACILITATION OF CONSTRUCTION OF PIPELINE TO PROVIDE WATER 
              FOR EMERGENCY FIRE SUPPRESSION AND OTHER PURPOSES.

    (a) In General.--Notwithstanding any other provision of law, 
subject to valid existing rights under Federal and State law, the land 
described in subsection (b), fee title to which is held by the Barona 
Band of Mission Indians of California (referred to in this section as 
the ``Band'')--
            (1) is declared to be held in trust by the United States 
        for the benefit of the Band; and
            (2) shall be considered to be a portion of the reservation 
        of the Band.
    (b) Land.--The land referred to in subsection (a) is land 
comprising approximately 85 acres in San Diego County, California, and 
described more particularly as follows: San Bernardino Base and 
Meridian; T. 14 S., R. 1 E.; sec. 21: W\1/2\SE\1/4\, 68 acres; NW\1/
4\NW\1/4\, 17 acres.
    (c) Gaming.--The land taken into trust by subsection (a) shall 
neither be considered to have been taken into trust for gaming, nor be 
used for gaming (as that term is used in the Indian Gaming Regulatory 
Act (25 U.S.C. 2701 et seq.).

SEC. 3208. AGREEMENT WITH DRY PRAIRIE RURAL WATER ASSOCIATION, 
              INCORPORATED.

    (a) In General.--The Assiniboine and Sioux Tribes of the Fort Peck 
Indian Reservation (referred to in this section as the ``Tribes'') may, 
with the approval of the Secretary of the Interior, enter into a lease 
or other temporary conveyance of water rights recognized under the Fort 
Peck-Montana Compact (Montana Code Annotated 85-20-201) for the purpose 
of meeting the water needs of the Dry Prairie Rural Water Association, 
Incorporated (or any successor entity), pursuant to section 5 of the 
Fort Peck Reservation Rural Water System Act of 2000 (114 Stat. 1454).
    (b) Conditions of Lease.--With respect to a lease or other 
temporary conveyance described in subsection (a)--
            (1) the term of the lease or conveyance shall not exceed 
        100 years; and
            (2)(A) the lease or conveyance may be approved by the 
        Secretary of the Interior without monetary compensation to the 
        Tribes; and
            (B) the Secretary of the Interior shall not be subject to 
        liability for any claim or cause of action relating to the 
        compensation or consideration received by the Tribes under the 
        lease or conveyance.
    (c) No Permanent Alienation of Water.--Nothing in this section 
authorizes any permanent alienation of any water by the Tribes.

                      TITLE IV--LEASING PROVISIONS

SEC. 4001. AUTHORIZATION OF 99-YEAR LEASES FOR CONFEDERATED TRIBES OF 
              THE UMATILLA INDIAN RESERVATION.

    (a) In General.--Subsection (a) of the first section of the Act of 
August 9, 1955 (25 U.S.C. 415(a)) is amended in the second sentence--
            (1) by inserting ``the reservation of the Confederated 
        Tribes of the Umatilla Indian Reservation,'' before ``the Burns 
        Paiute Reservation,'';
            (2) by inserting ``the'' before ``Yavapai-Prescott''; and
            (3) by striking ``Washington,,'' and inserting 
        ``Washington,''.
    (b) Effective Date.--The amendments made by subsection (a) apply to 
any lease entered into on, or renewed after, the date of enactment of 
this Act.

SEC. 4002. AUTHORIZATION OF 99-YEAR LEASES FOR YUROK TRIBE AND HOPLAND 
              BAND OF POMO INDIANS.

    (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 Act.

SEC. 4003. LEASE OF TRIBALLY-OWNED LAND BY ASSINIBOINE AND SIOUX TRIBES 
              OF THE FORT PECK RESERVATION.

    The first section of the Act of August 9, 1955 (25 U.S.C. 415) is 
amended by adding at the end the following:
    ``(g) Lease of Tribally-Owned Land by Assiniboine and Sioux Tribes 
of the Fort Peck Reservation.--
            ``(1) In general.--Notwithstanding subsection (a) and any 
        regulations under part 162 of title 25, Code of Federal 
        Regulations, subject to paragraph (2), the Assiniboine and 
        Sioux Tribes of the Fort Peck Reservation may lease to the 
        Northern Border Pipeline Company tribally-owned land on the 
        Fort Peck Indian Reservation for 1 or more interstate gas 
        pipelines.
            ``(2) Conditions.--A lease entered into under paragraph 
        (1)--
                    ``(A) shall commence during fiscal year 2011 for an 
                initial term of 25 years;
                    ``(B) may be renewed for an additional term of 25 
                years; and
                    ``(C) shall specify in the terms of the lease an 
                annual rental rate--
                            ``(i) which rate shall be increased by 3 
                        percent per year on a cumulative basis for each 
                        5-year period; and
                            ``(ii) the adjustment of which in 
                        accordance with clause (i) shall be considered 
                        to satisfy any review requirement under part 
                        162 of title 25, Code of Federal 
                        Regulations.''.

SEC. 4004. LEASES OF RESTRICTED LAND.

    Subsection (a) of the first section of the Act of August 9, 1955 
(25 U.S.C. 415(a)) is amended by adding at the end the following: 
``Notwithstanding any other provision of law, no approval by the 
Secretary shall be required for any new lease, or for renewal of any 
existing lease, of land under this subsection if the lease, including 
all periods covered by any renewal, is for an aggregate term of less 
than 7 years.''.

                  TITLE V--JUDGMENT FUND DISTRIBUTION

   Subtitle A--Gila River Indian Community Judgment Fund Distribution

SEC. 5001. SHORT TITLE.

    This subtitle may be cited as the ``Gila River Indian Community 
Judgment Fund Distribution Act of 2002''.

SEC. 5002. FINDINGS.

    Congress finds that--
            (1) on August 8, 1951, the Gila River Indian Community 
        filed a complaint before the Indian Claims Commission in Gila 
        River Pima-Maricopa Indian Community v. United States, Docket 
        No. 236, for the failure of the United States to carry out its 
        obligation to protect the use by the Community of water from 
        the Gila River and the Salt River in the State of Arizona;
            (2) except for Docket Nos. 236-C and 236-D, which remain 
        undistributed, all 14 original dockets under Docket No. 236 
        have been resolved and distributed;
            (3) in Gila River Pima-Maricopa Indian Community v. United 
        States, 29 Ind. Cl. Comm. 144 (1972), the Indian Claims 
        Commission held that the United States, as trustee, was liable 
        to the Community with respect to the claims made in Docket No. 
        236-C;
            (4) in Gila River Pima-Maricopa Indian Community v. United 
        States, 684 F.2d 852 (1982), the United States Claims Court 
        held that the United States, as trustee, was liable to the 
        Community with respect to the claims made in Docket No. 236-D;
            (5) with the approval of the Community under Community 
        Resolution GR-98-98, the Community entered into a settlement 
        with the United States on April 27, 1999, for claims made under 
        Dockets Nos. 236-C and 236-D for an aggregate total of 
        $7,000,000;
            (6) on May 3, 1999, the United States Court of Federal 
        Claims ordered that a final judgment be entered in consolidated 
        Dockets Nos. 236-C and 236-D for $7,000,000 in favor of the 
        Community and against the United States;
            (7)(A) on October 6, 1999, the Department of the Treasury 
        certified the payment of $7,000,000, less attorney fees, to be 
        deposited in a trust account on behalf of the Community; and
            (B) that payment was deposited in a trust account managed 
        by the Office of Trust Funds Management of the Department of 
        the Interior; and
            (8) in accordance with the Indian Tribal Judgment Funds Use 
        or Distribution Act (25 U.S.C. 1401 et seq.), the Secretary is 
        required to submit an Indian judgment fund use or distribution 
        plan to Congress for approval.

SEC. 5003. DEFINITIONS.

    In this subtitle:
            (1) Adult.--The term ``adult'' means an individual who--
                    (A) is 18 years of age or older as of the date on 
                which the payment roll is approved by the Community; or
                    (B) will reach 18 years of age not later than 30 
                days after the date on which the payment roll is 
                approved by the Community.
            (2) Community.--The term ``Community'' means the Gila River 
        Indian Community.
            (3) Community-owned funds.--The term ``Community-owned 
        funds'' means--
                    (A) funds held in trust by the Secretary as of the 
                date of enactment of this Act that may be made 
                available to make payments under section 5101; or
                    (B) revenues held by the Community that--
                            (i) are derived from trust resources; and
                            (ii) qualify for an exemption under section 
                        7 or 8 of the Indian Tribal Judgment Funds Use 
                        or Distribution Act (25 U.S.C. 1407, 1408).
            (4) IIM account.--The term ``IIM account'' means an 
        individual Indian money account.
            (5) Judgment funds.--The term ``judgment funds'' means the 
        aggregate amount awarded to the Community by the Court of 
        Federal Claims in Dockets Nos. 236-C and 236-D.
            (6) Legally incompetent individual.--The term ``legally 
        incompetent individual'' means an individual who has been 
        determined to be incapable of managing his or her own affairs 
        by a court of competent jurisdiction.
            (7) Minor.--The term ``minor'' means an individual who is 
        not an adult.
            (8) Payment roll.--The term ``payment roll'' means the list 
        of eligible, enrolled members of the Community who are eligible 
        to receive a payment under section 5101(a), as prepared by the 
        Community under section 5101(b).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

            CHAPTER 1--GILA RIVER JUDGMENT FUND DISTRIBUTION

SEC. 5101. DISTRIBUTION OF JUDGMENT FUNDS.

    (a) Per Capita Payments.--Notwithstanding the Indian Tribal 
Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) or any 
other provision of law (including any regulation promulgated or plan 
developed under such a law), the amounts paid in satisfaction of an 
award granted to the Gila River Indian Community in Dockets Nos. 236-C 
and 236-D before the United States Court of Federal Claims, less 
attorney fees and litigation expenses and including all accrued 
interest, shall be distributed in the form of per capita payments (in 
amounts as equal as practicable) to all eligible enrolled members of 
the Community.
    (b) Preparation of Payment Roll.--
            (1) In general.--The Community shall prepare a payment roll 
        of eligible, enrolled members of the Community that are 
        eligible to receive payments under this section in accordance 
        with the criteria described in paragraph (2).
            (2) Criteria.--
                    (A) Individuals eligible to receive payments.--
                Subject to subparagraph (B), the following individuals 
                shall be eligible to be listed on the payment roll and 
                eligible to receive a per capita payment under 
                subsection (a):
                            (i) All enrolled Community members who are 
                        eligible to be listed on the per capita payment 
                        roll that was approved by the Secretary for the 
                        distribution of the funds awarded to the 
                        Community in Docket No. 236-N (including any 
                        individual who was inadvertently omitted from 
                        that roll).
                            (ii) All enrolled Community members who are 
                        living on the date of enactment of this Act.
                            (iii) All enrolled Community members who 
                        died--
                                    (I) after the effective date of the 
                                payment plan for Docket No. 236-N; but
                                    (II) on or before the date of 
                                enactment of this Act.
                    (B) Individuals ineligible to receive payments.--
                The following individuals shall be ineligible to be 
                listed on the payment roll and ineligible to receive a 
                per capita payment under subsection (a):
                            (i) Any individual who, before the date on 
                        which the Community approves the payment roll, 
                        relinquished membership in the Community.
                            (ii) Any minor who relinquishes membership 
                        in the Community, or whose parent or legal 
                        guardian relinquishes membership on behalf of 
                        the minor, before the date on which the minor 
                        reaches 18 years of age.
                            (iii) Any individual who is disenrolled by 
                        the Community for just cause (such as dual 
                        enrollment or failure to meet the eligibility 
                        requirements for enrollment).
                            (iv) Any individual who is determined or 
                        certified by the Secretary to be eligible to 
                        receive a per capita payment of funds relating 
                        to a judgment--
                                    (I) awarded to another community, 
                                Indian tribe, or tribal entity; and
                                    (II) appropriated on or before the 
                                date of enactment of this Act.
                            (v) Any individual who is not enrolled as a 
                        member of the Community on or before the date 
                        that is 90 days after the date of enactment of 
                        this Act.
    (c) Notice to Secretary.--On approval by the Community of the 
payment roll, the Community shall submit to the Secretary a notice that 
indicates the total number of individuals eligible to share in the per 
capita distribution under subsection (a), as expressed in subdivisions 
that reflect--
            (1) the number of shares that are attributable to eligible 
        living adult Community members; and
            (2) the number of shares that are attributable to deceased 
        individuals, legally incompetent individuals, and minors.
    (d) Information Provided to Secretary.--The Community shall provide 
to the Secretary enrollment information necessary to allow the 
Secretary to establish--
            (1) estate accounts for deceased individuals described in 
        subsection (c)(2); and
            (2) IIM accounts for legally incompetent individuals and 
        minors described in subsection (c)(2).
    (e) Disbursement of Funds.--
            (1) In general.--Not later than 30 days after the date on 
        which the payment roll is approved by the Community and the 
        Community has reconciled the number of shares that belong in 
        each payment subdivision described in subsection (c), the 
        Secretary shall disburse to the Community the funds necessary 
        to make the per capita distribution under subsection (a) to 
        eligible living adult members of the Community described in 
        subsection (c)(1).
            (2) Administration and distribution.--On disbursement of 
        the funds under paragraph (1), the Community shall bear sole 
        responsibility for administration and distribution of the 
        funds.
    (f) Shares of Deceased Individuals.--
            (1) In general.--The Secretary, in accordance with 
        regulations promulgated by the Secretary and in effect as of 
        the date of enactment of this Act, shall distribute to the 
        appropriate heirs and legatees of deceased individuals 
        described in subsection (c)(2) the per capita shares of those 
        deceased individuals.
            (2) Absence of heirs and legatees.--If the Secretary and 
        the Community make a final determination that a deceased 
        individual described in subsection (c)(2) has no heirs or 
        legatees, the per capita share of the deceased individual and 
        the interest earned on that share shall--
                    (A) revert to the Community; and
                    (B) be deposited into the general fund of the 
                Community.
    (g) Shares of Legally Incompetent Individuals.--
            (1) In general.--The Secretary shall deposit the shares of 
        legally incompetent individuals described in subsection (c)(2) 
        in supervised IIM accounts.
            (2) Administration.--The IIM accounts described in 
        paragraph (1) shall be administered in accordance with 
        regulations and procedures established by the Secretary and in 
        effect as of the date of enactment of this Act.
    (h) Shares of Minors.--
            (1) In general.--The Secretary shall deposit the shares of 
        minors described in subsection (c)(2) in supervised IIM 
        accounts.
            (2) Administration.--
                    (A) In general.--The Secretary shall hold the per 
                capita share of a minor described in subsection (c)(2) 
                in trust until such date as the minor reaches 18 years 
                of age.
                    (B) Nonapplicable law.--Section 3(b)(3) of the 
                Indian Tribal Judgment Funds Use or Distribution Act 
                (25 U.S.C. 1403(b)(3)) shall not apply to any per 
                capita share of a minor that is held by the Secretary 
                under this subtitle.
                    (C) Disbursement.--No judgment funds, nor any 
                interest earned on judgment funds, shall be disbursed 
                from the account of a minor described in subsection 
                (c)(2) until such date as the minor reaches 18 years of 
                age.
    (i) Payment of Eligible Individuals Not Listed on Payment Roll.--
            (1) In general.--An individual who is not listed on the 
        payment roll, but is eligible to receive a payment under this 
        subtitle, as determined by the Community, may be paid from any 
        remaining judgment funds after the date on which--
                    (A) the Community makes the per capita distribution 
                under subsection (a); and
                    (B) all appropriate IIM accounts are established 
                under subsections (g) and (h).
            (2) Insufficient funds.--If insufficient judgment funds 
        remain to cover the cost of a payment described in paragraph 
        (1), the Community may use Community-owned funds to make the 
        payment.
            (3) Minors, legally incompetent individuals, and deceased 
        individuals.--In a case in which a payment described in 
        paragraph (2) is to be made to a minor, a legally incompetent 
        individual, or a deceased individual, the Secretary--
                    (A) is authorized to accept and deposit funds from 
                the payment in an IIM account or estate account 
                established for the minor, legally incompetent 
                individual, or deceased individual; and
                    (B) shall invest those funds in accordance with 
                applicable law.
    (j) Use of Residual Funds.--On request by the governing body of the 
Community to the Secretary, and after passage by the governing body of 
the Community of a tribal council resolution affirming the intention of 
the governing body to have judgment funds disbursed to, and deposited 
in the general fund of, the Community, any judgment funds remaining 
after the date on which the Community completes the per capita 
distribution under subsection (a) and makes any appropriate payments 
under subsection (i) shall be disbursed to, and deposited in the 
general fund of, the Community.
    (k) Reversion of Per-Capita Shares to Tribal Ownership.--
            (1) In general.--In accordance with the first section of 
        Public Law 87-283 (25 U.S.C. 164), the share for an individual 
        eligible to receive a per-capita share under subsection (a) 
        that is held in trust by the Secretary, and any interest earned 
        on that share, shall be restored to Community ownership if, for 
        any reason--
                    (A) subject to subsection (i), the share cannot be 
                paid to the individual entitled to receive the share; 
                and
                    (B) the share remains unclaimed for the 6-year 
                period beginning on the date on which the individual 
                became eligible to receive the share.
            (2) Request by community.--In accordance with subsection 
        (j), the Community may request that unclaimed funds described 
        in paragraph (1)(B) be disbursed to, and deposited in the 
        general fund of, the Community.

SEC. 5102. RESPONSIBILITY OF SECRETARY; APPLICABLE LAW.

    (a) Responsibility for Funds.--After the date on which funds are 
disbursed to the Community under section 5101(e)(1), the United States 
and the Secretary shall have no trust responsibility for the 
investment, supervision, administration, or expenditure of the funds 
disbursed.
    (b) Deceased and Legally Incompetent Individuals.--Funds subject to 
subsections (f) and (g) of section 5101 shall continue to be held in 
trust by the Secretary until the date on which those funds are 
disbursed under this subtitle.
    (c) Applicability of Other Law.--Except as otherwise provided in 
this subtitle, all funds distributed under this subtitle shall be 
subject to sections 7 and 8 of the Indian Tribal Judgment Funds Use or 
Distribution Act (25 U.S.C. 1407, 1408).

    CHAPTER 2--CONDITIONS RELATING TO COMMUNITY JUDGMENT FUND PLANS

SEC. 5111. PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS AWARDED IN 
              DOCKET NO. 228.

    (a) Definition of Plan.--In this section, the term ``plan'' means 
the plan for the use and distribution of judgment funds awarded to the 
Community in Docket No. 228 of the United States Claims Court (52 Fed. 
Reg. 6887 (March 5, 1987)), as modified in accordance with Public Law 
99-493 (100 Stat. 1241).
    (b) Conditions.--Notwithstanding any other provision of law, the 
Community shall modify the plan to include the following conditions 
with respect to funds distributed under the plan:
            (1) Applicability of other law relating to minors.--Section 
        3(b)(3) of the Indian Tribal Judgment Funds Use or Distribution 
        Act (25 U.S.C. 1403(b)(3)) shall not apply to any per capita 
        share of a minor that is held, as of the date of enactment of 
        this Act, by the Secretary.
            (2) Share of minors in trust.--The Secretary shall hold a 
        per capita share of a minor described in paragraph (1) in trust 
        until such date as the minor reaches 18 years of age.
            (3) Disbursal of funds for minors.--No judgment funds, nor 
        any interest earned on judgment funds, shall be disbursed from 
        the account of a minor described in paragraph (1) until such 
        date as the minor reaches 18 years of age.
            (4) Use of remaining judgment funds.--On request by the 
        governing body of the Community, as manifested by the 
        appropriate tribal council resolution, any judgment funds 
        remaining after the date of completion of the per capita 
        distribution under section 5101(a) shall be disbursed to, and 
        deposited in the general fund of, the Community.

SEC. 5112. PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS AWARDED IN 
              DOCKET NO. 236-N.

    (a) Definition of Plan.--In this section, the term ``plan'' means 
the plan for the use and distribution of judgment funds awarded to the 
Community in Docket No. 236-N of the United States Court of Federal 
Claims (59 Fed. Reg. 31092 (June 16, 1994)).
    (b) Conditions.--
            (1) Per capita aspect.--Notwithstanding any other provision 
        of law, the Community shall modify the last sentence of the 
        paragraph under the heading ``Per Capita Aspect'' in the plan 
        to read as follows: ``Upon request from the Community, any 
        residual principal and interest funds remaining after the 
        Community has declared the per capita distribution complete 
        shall be disbursed to, and deposited in the general fund of, 
        the Community.''.
            (2) General provisions.--Notwithstanding any other 
        provision of law, the Community shall--
                    (A) modify the third sentence of the first 
                paragraph under the heading ``General Provisions'' of 
                the plan to strike the word ``minors''; and
                    (B) insert between the first and second paragraphs 
                under that heading the following:
        ``Section 3(b)(3) of the Indian Tribal Judgment Funds Use or 
        Distribution Act (25 U.S.C. 1403(b)(3)) shall not apply to any 
        per capita share of a minor that is held, as of the date of 
        enactment of the Gila River Indian Community Judgment Fund 
        Distribution Act of 2002, by the Secretary. The Secretary shall 
        hold a per capita share of a minor in trust until such date as 
        the minor reaches 18 years of age. No judgment funds, or any 
        interest earned on judgment funds, shall be disbursed from the 
        account of a minor until such date as the minor reaches 18 
        years of age.''.

                   CHAPTER 3--EXPERT ASSISTANCE LOANS

SEC. 5121. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO GILA RIVER 
              INDIAN COMMUNITY.

    Notwithstanding any other provision of law--
            (1) the balance of all outstanding expert assistance loans 
        made to the Community under Public Law 88-168 (77 Stat. 301) 
        and relating to Gila River Indian Community v. United States 
        (United States Court of Federal Claims Docket Nos. 228 and 236 
        and associated subdockets) are canceled; and
            (2) the Secretary shall take such action as is necessary--
                    (A) to document the cancellation of loans under 
                paragraph (1); and
                    (B) to release the Community from any liability 
                associated with those loans.

 Subtitle B--Assiniboine and Sioux Tribes of the Fort Peck Reservation 
                       Judgment Fund Distribution

SEC. 5201. SHORT TITLE.

    This subtitle may be cited as the ``Assiniboine and Sioux Tribes of 
the Fort Peck Reservation Judgment Fund Distribution Act of 2002''.

SEC. 5202. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) on December 18, 1987, the Assiniboine and Sioux Tribes 
        of the Fort Peck Reservation and 5 individual Fort Peck tribal 
        members filed a complaint before the United States Claims Court 
        (currently the Court of Federal Claims) in Assiniboine and 
        Sioux Tribes of the Fort Peck Reservation, et al. v. The United 
        States of America, Docket No. 773-87-L to recover interest 
        earned on trust funds while those funds were held in special 
        deposit and IMPL-agency accounts;
            (2) in the case referred to in paragraph (1), the Court 
        held that the United States was liable for any income derived 
        from investment of the trust funds of the Tribe and individual 
        members of the Tribe for the period during which those funds 
        were held in special deposit and IMPL-agency accounts;
            (3) the plaintiffs in the case referred to in paragraph (1) 
        entered into a settlement with the United States for claims 
        made under Docket No. 773-87-L on December 31, 1998, for 
        payment by the United States of--
                    (A) $1,339,415.33, representing interest earned on 
                funds while held in Special Deposit accounts at the 
                Fort Peck Agency during the period August 13, 1946, 
                through September 30, 1981;
                    (B) $2,749,354.41, representing--
                            (i) interest on the principal indebtedness 
                        for the period from August 13, 1946, through 
                        July 31, 1998; plus
                            (ii) $364.27 in per diem interest on the 
                        principal indebtedness for each day during the 
                        period commencing August 1, 1998, and ending on 
                        the date on which the judgment is paid; and
                    (C) $350,000, representing the litigation costs and 
                attorney's fees that the Tribe incurred to prosecute 
                those claims;
            (4) the terms of the settlement were approved by the Court 
        on January 8, 1999, and judgment was entered on January 12, 
        1999;
            (5) on March 18, 1999, $4,522,551.84 was transferred to the 
        Department of the Interior;
            (6) that judgment amount was deposited in an escrow account 
        established to provide--
                    (A) $350,000 for the payment of attorney's fees and 
                expenses; and
                    (B) $4,172,551.84 for pending Court-ordered 
                distribution to the Tribe and individual Indian trust 
                beneficiaries;
            (7) on January 31, 2001, the Court approved a joint 
        stipulation that established procedures for--
                    (A) identification of the class of individual 
                Indians having an interest in the judgment;
                    (B) notice to and certification of that class; and
                    (C) the distribution of the judgment amount to the 
                Tribe and affected class of individual Indians;
            (8)(A) on or about February 14, 2001, in accordance with 
        the Court-approved stipulation, $643,186.73 was transferred to 
        an account established by the Secretary for the benefit of the 
        Tribe; and
            (B) that transferred amount represents--
                            (i) 54.2 percent of the Tribe's estimated 
                        26-percent share of the amount referred to in 
                        paragraph (6)(B); plus
                            (ii) 50 percent of the Tribe's estimated 
                        26-percent share of interest and capital gains 
                        earned on the judgment amount from the period 
                        beginning March 18, 1999, and ending on 
                        December 31, 2000;
            (9) under the Court-approved stipulation--
                    (A) that transferred amount is to remain available 
                for use by the Tribe in accordance with a plan adopted 
                under the Indian Tribal Judgment Funds Use or 
                Distribution Act (25 U.S.C. 1401 et seq.);
                    (B) the Tribe will most likely receive additional 
                payments from the distribution amount once the 
                identification of all individuals eligible to share in 
                the distribution amount is completed and the pro rata 
                shares are calculated; and
                    (C) those additional payments would include--
                            (i) the balance of the share of the Tribe 
                        of the distribution amount and investment 
                        income earned on the distribution amount;
                            (ii) the portion of the distribution amount 
                        that represents income derived on funds in 
                        special deposit accounts that are not 
                        attributable to the Tribe or any individual 
                        Indian; and
                            (iii) the portion of the distribution 
                        amount that represents shares attributable to 
                        individual Indians that--
                                    (I) cannot be located for purposes 
                                of accepting payment; and
                                    (II) will not be bound by the 
                                judgment in the case referred to in 
                                paragraph (1); and
            (10) pursuant to the Indian Tribal Judgment Funds Use or 
        Distribution Act (25 U.S.C. 1401 et seq.), the Secretary is 
        required to submit to Congress for approval an Indian judgment 
        fund use or distribution plan.

SEC. 5203. DEFINITIONS.

    In this subtitle:
            (1) Court.--The term ``Court'' means the United States 
        Court of Federal Claims.
            (2) Distribution amount.--The term ``distribution amount'' 
        means the amount referred to in section 5202(a)(6)(B).
            (3) Judgment amount.--The term ``judgment amount'' means 
        the amount referred to in section 5202(a)(5).
            (4) Principal indebtedness.--The term ``principal 
        indebtedness'' means the sum referred to in section 
        5202(a)(3)(A).
            (5) Tribe.--The term ``Tribe'' means the Assiniboine and 
        Sioux Tribes of the Fort Peck Reservation.

SEC. 5204. DISTRIBUTION OF JUDGMENT FUNDS.

    (a) In General.--Notwithstanding any provision of the Indian Tribal 
Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) to the 
contrary, the share of the Tribe of the distribution amount, and such 
additional amounts as may be awarded to the Tribe by the Court with 
respect to the case referred to in section 5202(a)(1) (including any 
interest accrued on those amounts)--
            (1) shall be made available for tribal health, education, 
        housing and social services programs of the Tribe, including--
                    (A) educational and youth programs;
                    (B) programs for improvement of facilities and 
                housing;
                    (C) programs to provide equipment for public 
                utilities;
                    (D) programs to provide medical assistance or 
                dental, optical, or convalescent equipment; and
                    (E) programs to provide senior citizen and 
                community services; and
            (2) shall not be available for per capita distribution to 
        any member of the Tribe.
    (b) Budget Specification.--The specific programs for which funds 
are made available under subsection (a)(1), and the amount of funds 
allocated to each of those programs, shall be specified in an annual 
budget developed by the Tribe and approved by the Secretary.

SEC. 5205. APPLICABLE LAW.

    Except as provided in section 5204(a), all funds distributed under 
this subtitle are subject to sections 7 and 8 of the Indian Tribal 
Judgment Funds Use or Distribution Act (25 U.S.C. 1407, 1408).

              TITLE VI--REPAYMENT OF EXPERT WITNESS LOANS

SEC. 6001. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO THE PUEBLO 
              OF SANTO DOMINGO.

    Notwithstanding any other provision of law--
            (1) the balances of all expert assistance loans made to the 
        Pueblo of Santo Domingo under Public Law 88-168 (77 Stat. 301), 
        and relating to Pueblo of Santo Domingo v. United States 
        (Docket No. 355 of the United States Court of Federal Claims), 
        including all principal and interest, are canceled; and
            (2) the Secretary of the Interior shall take such action as 
        is necessary to--
                    (A) document the cancellation under paragraph (1); 
                and
                    (B) release the Pueblo of Santo Domingo from any 
                liability associated with any loan described in 
                paragraph (1).

SEC. 6002. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO THE OGLALA 
              SIOUX TRIBE.

    Notwithstanding any other provision of law--
            (1) the balances of all outstanding expert assistance loans 
        made to the Oglala Sioux Tribe under Public Law 88-168 (77 
        Stat. 301), and relating to Oglala Sioux Tribe v. United States 
        (Docket No. 117 of the United States Court of Federal Claims), 
        including all principal and interest, are canceled; and
            (2) the Secretary of the Interior shall take such action as 
        is necessary to--
                    (A) document the cancellation under paragraph (1); 
                and
                    (B) release the Oglala Sioux Tribe from any 
                liability associated with any loan described in 
                paragraph (1).

SEC. 6003. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO THE 
              SEMINOLE TRIBE OF OKLAHOMA.

    Notwithstanding any other provision of law--
            (1) the balances of all outstanding expert assistance loans 
        made to the Seminole Tribe of Oklahoma under Public Law 88-168 
        (77 Stat. 301), and relating to Seminole Tribe of Oklahoma v. 
        United States (Docket No. 247 of the United States Court of 
        Federal Claims), including all principal and interest, are 
        canceled; and
            (2) the Secretary of the Interior shall take such action as 
        is necessary to--
                    (A) document the cancellation under paragraph (1); 
                and
                    (B) release the Seminole Tribe of Oklahoma from any 
                liability associated with any loan described in 
                paragraph (1).

                  TITLE VII--HEALTH-RELATED PROVISIONS

SEC. 7001. RURAL HEALTH CARE FACILITY, FORT BERTHOLD INDIAN 
              RESERVATION, NORTH DAKOTA.

    The Three Affiliated Tribes and Standing Rock Sioux Tribe Equitable 
Compensation Act is amended--
            (1) in section 3504 (106 Stat. 4732), by adding at the end 
        the following:
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.''; 
and
            (2) by striking section 3511 (106 Stat. 4739) and inserting 
        the following:

``SEC. 3511. RURAL HEALTH CARE FACILITY, FORT BERTHOLD INDIAN 
              RESERVATION, NORTH DAKOTA.

    ``There is authorized to be appropriated to the Secretary of Health 
and Human Services for the construction of a rural health care facility 
on the Fort Berthold Indian Reservation of the Three Affiliated Tribes, 
North Dakota, $20,000,000.''.

SEC. 7002. HEALTH CARE FUNDING ALLOCATION, EAGLE BUTTE SERVICE UNIT.

    Section 117 of the Indian Health Care Improvement Act (25 U.S.C. 
1616j) is amended by adding at the end the following:
    ``(g) Cheyenne River Sioux Tribe Bonus Payment.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, to promote more efficient use of the health care funding 
        allocation for fiscal year 2003, the Eagle Butte Service Unit 
        of the Indian Health Service, at the request of the Cheyenne 
        River Sioux Tribe, may carry out a program under which a health 
        professional may be paid--
                    ``(A) a base salary in an amount up to the highest 
                grade and step available to a physician, pharmacist, or 
                other health professional, as the case may be; and
                    ``(B) a recruitment or retention bonus of up to 25 
                percent of the base salary rate of the health 
                professional.
            ``(2) Monitoring and reporting.--If the Service implements 
        the program under paragraph (1), the Service shall--
                    ``(A) monitor the program closely; and
                    ``(B) not later than September 30, 2003, submit to 
                the Committee on Indian Affairs of the Senate and the 
                Committee on Resources and the Committee on Energy and 
                Commerce of the House of Representatives a report that 
                includes an evaluation of the program.''.

SEC. 7003. INDIAN HEALTH DEMONSTRATION PROJECT.

    Section 10 of the Ponca Restoration Act (25 U.S.C. 983h) is amended 
by adding at the end the following:
    ``(e) Demonstration Project.--The Director of the Indian Health 
Service shall direct the Aberdeen Area Office of the Indian Health 
Service to carry out, in coordination with the Tribe, a demonstration 
project to determine--
            ``(1) the ability of an urban, restored facility of the 
        Tribe to provide health services to members residing in Douglas 
        County and Sarpy County, Nebraska, and Pottawattamie County, 
        Iowa;
            ``(2) the viability of using third-party billing to enable 
        a facility described in paragraph (1) to become self-
        sustaining; and
            ``(3) the effectiveness of using a computer-registered 
        patient management system in the counties specified in 
        paragraph (1).''.

SEC. 7004. ALASKA TREATMENT CENTERS AND FACILITIES.

    Section 704(b)(4)(A) of the Indian Health Care Improvement Act (25 
U.S.C. 1665c(b)(4)(A)) is amended--
            (1) in clause (i), by striking ``and'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
                            ``(iii) the Yukon Kuskokwim Health 
                        Corporation, for the purpose of operating and 
                        maintaining a residential and outpatient child, 
                        youth, and family inhalant prevention and 
                        treatment program in Bethel, Alaska;
                            ``(iv) the Southcentral Foundation, for the 
                        purpose of operating and maintaining a 
                        residential substance abuse, mental, and 
                        behavioral health treatment program for Alaska 
                        Native youth in need of those services in 
                        Anchorage, Alaska;
                            ``(v) the Cook Inlet Tribal Council, for 
                        the purpose of operating and maintaining a 
                        residential treatment program, day treatment 
                        program, and continuing care program for 
                        alcohol and drug rehabilitation in Anchorage, 
                        Alaska; and
                            ``(vi) the Southeast Alaska Regional Health 
                        Consortium, for the purpose of operating and 
                        maintaining a residential substance abuse 
                        treatment program for women with children in 
                        Sitka, Alaska.''.

        TITLE VIII--REAUTHORIZATION OF NATIVE AMERICAN PROGRAMS

SEC. 8001. BOSQUE REDONDO MEMORIAL ACT.

    Section 206 of the Bosque Redondo Memorial Act (16 U.S.C. 431 note; 
Public Law 106-511) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--There is authorized to be appropriated to carry 
out this title $2,000,000 for fiscal year 2001.''; and
            (2) in subsection (b), by striking ``2002'' and inserting 
        ``2006,''.

SEC. 8002. NAVAJO-HOPI LAND SETTLEMENT ACT OF 1974.

    Section 25(a)(8) of Public Law 93-531 (commonly known as the 
``Navajo-Hopi Land Settlement Act of 1974'') (25 U.S.C. 640d-24(a)(8)) 
is amended by striking ``annually for fiscal years 1995, 1996, 1997, 
1998, 1999, and 2000'' and inserting ``for each of fiscal years 2002 
through 2006''.

SEC. 8003. INDIAN HEALTH CARE IMPROVEMENT ACT.

    (a) Indian Health Professional Personnel.--Title I of the Indian 
Health Care Improvement Act is amended by striking section 123 (25 
U.S.C. 1616p) and inserting the following:

``SEC. 123. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
such sums as are necessary for each of fiscal years 2002 and 2003.''.
    (b) Health Services.--
            (1) Authorization of appropriations.--
                    (A) Intermediate adolescent mental health 
                services.--Section 209(m) of the Indian Health Care 
                Improvement Act (25 U.S.C. 1621h(m)) is amended by 
                striking paragraph (6) and inserting the following:
    ``(n) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
each of fiscal years 2002 and 2003.''.
                    (B) California contract health services 
                demonstration program.--Section 211 of the Indian 
                Health Care Improvement Act (25 U.S.C. 1621j) is 
                amended by striking subsection (g) and inserting the 
                following:
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
each of fiscal years 2002 and 2003.''.
                    (C) Patient travel costs.--Section 213 of the 
                Indian Health Care Improvement Act (25 U.S.C. 1621l) is 
                amended by striking subsection (b) and inserting the 
                following:
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
each of fiscal years 2002 and 2003.''.
                    (D) Epidemiology centers.--Section 214(b) of the 
                Indian Health Care Improvement Act (25 U.S.C. 1621m(b)) 
                is amended by striking paragraph (6) and inserting the 
                following:
            ``(6) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection such 
        sums as are necessary for each of fiscal years 2002 and 
        2003.''.
                    (E) Comprehensive school health education 
                programs.--Section 215 of the Indian Health Care 
                Improvement Act (25 U.S.C. 1621n) is amended by 
                striking subsection (g) and inserting the following:
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
each of fiscal years 2002 and 2003.''.
                    (F) Indian youth grant program.--Section 216 of the 
                Indian Health Care Improvement Act (25 U.S.C. 1621o) is 
                amended by striking subsection (e) and inserting the 
                following:
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
each of fiscal years 2002 and 2003.''.
            (2) Additional authorization of appropriations.--Title II 
        of the Indian Health Care Improvement Act is amended by 
        striking section 224 (25 U.S.C. 1621w) and inserting the 
        following:

``SEC. 224. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
(other than sections 209(m), 211(g), 213(b), 214(b)(6), 215(g), and 
216(e)) such sums as are necessary for each of fiscal years 2002 and 
2003.''.
    (c) Health Facilities.--Title III of the Indian Health Care 
Improvement Act is amended by striking section 309 (25 U.S.C. 1638a) 
and inserting the following:

``SEC. 309. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
such sums as are necessary for each of fiscal years 2002 and 2003.''.
    (d) Access to Health Services.--Title IV of the Indian Health Care 
Improvement Act is amended by striking section 407 (25 U.S.C. 1647) and 
inserting the following:

``SEC. 407. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
such sums as are necessary for each of fiscal years 2002 and 2003.''.
    (e) Health Services for Urban Indians.--Title V of the Indian 
Health Care Improvement Act is amended by striking section 514 (25 
U.S.C. 1660d) and inserting the following:

``SEC. 514. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
such sums as are necessary for each of fiscal years 2002 and 2003.''.
    (f) Organizational Improvements.--Title VI of the Indian Health 
Care Improvement Act is amended by striking section 603 (25 U.S.C. 
1663) and inserting the following:

``SEC. 603. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
such sums as are necessary for each of fiscal years 2002 and 2003.''.
    (g) Substance Abuse Programs.--
            (1) Authorization of appropriations.--
                    (A) Indian women treatment programs.--Section 703 
                of the Indian Health Care Improvement Act (25 U.S.C. 
                1665b) is amended by striking subsection (d) and 
                inserting the following:
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--Subject to paragraph (2), there are 
        authorized to be appropriated to carry out this section such 
        sums as are necessary for each of fiscal years 2002 and 2003.
            ``(2) Grants.--Of the funds made available under paragraph 
        (1) for a fiscal year, 20 percent shall be used to provide 
        grants to urban Indian organizations funded under title V.''.
                    (B) Gallup alcohol and substance abuse treatment 
                center.--Section 706 of the Indian Health Care 
                Improvement Act (25 U.S.C. 1665e) is amended by 
                striking subsection (d) and inserting the following:
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
each of fiscal years 2002 and 2003.''.
                    (C) Fetal Alcohol Syndrome and Fetal Alcohol Effect 
                Grants.--Section 708(f)(2) of the Indian Health Care 
                Improvement Act (25 U.S.C. 1665g) is amended by 
                striking subsection (f) and inserting the following:
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--Subject to paragraph (2), there are 
        authorized to be appropriated to carry out this section such 
        sums as are necessary for each of fiscal years 2002 and 2003.
            ``(2) Grants.--Of the funds made available under paragraph 
        (1) for a fiscal year, 10 percent shall be used to provide 
        grants to urban Indian organizations funded under title V 
        (including to carry out demonstration projects that involve 1 
        or more Indian tribes, tribal organizations, or urban Indian 
        organizations working with organizations such as the National 
        Organization on Fetal Alcohol Syndrome to carry out 
        subparagraphs (A) and (F) of subsection (a)(2)).''.
                    (D) Thunder child treatment center.--Section 710 of 
                the Indian Health Care Improvement Act (25 U.S.C. 
                1665i) is amended--
                            (i) by striking ``(b) For the purposes of'' 
                        and all that follows through ``No funding'' and 
                        inserting the following:
    ``(b) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section such sums as are necessary for each 
        of fiscal years 2002 and 2003.
            ``(2) Staffing and operation.--No funding''; and
                            (ii) in the third sentence, by striking 
                        ``None of the funding'' and inserting the 
                        following:
            ``(3) Administrative purposes.--None of the funding''.
                    (E) Substance abuse counselor education 
                demonstration project.--Section 711 of the Indian 
                Health Care Improvement Act (25 U.S.C. 1665j) is 
                amended by striking subsection (h) and inserting the 
                following:
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
each of fiscal years 2002 and 2003, to remain available until 
expended.''.
            (2) Additional authorization of appropriations.--Title VII 
        of the Indian Health Care Improvement Act is amended by 
        striking section 714 (25 U.S.C. 1665m) and inserting the 
        following:

``SEC. 714. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
(other than sections 703(d), 706(d), 708(f), 710(b), and 711(h)) such 
sums as are necessary for each of fiscal years 2002 and 2003.''.
    (h) Miscellaneous.--
            (1) Home- and community-based care demonstration project.--
        Section 821 of the Indian Health Care Improvement Act (25 
        U.S.C. 1680k) is amended by striking subsection (i) and 
        inserting the following:
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
each of fiscal years 2002 and 2003, to remain available until 
expended.''.
            (2) Authorization of appropriations.--Title VIII of the 
        Indian Health Care Improvement Act is amended by striking 
        section 825 (25 U.S.C. 1680o) and inserting the following:

``SEC. 825. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
(other than section 821) such sums as are necessary for each of fiscal 
years 2002 and 2003.''.

SEC. 8004. INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT 
              ACT OF 1986.

    (a) Tribal Action Plans.--
            (1) In general.--Section 4206(d) of the Indian Alcohol and 
        Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 
        2412(d)) is amended--
                    (A) by striking ``(1) The Secretary'' and inserting 
                the following:
            ``(1) In general.--The Secretary''; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection such 
        sums as are necessary for each of fiscal years 2002 and 
        2003.''.
            (2) Additional authorization.--Section 4206(f) of the 
        Indian Alcohol and Substance Abuse Prevention and Treatment Act 
        of 1986 (25 U.S.C. 2412(f)) is amended--
                    (A) by striking ``(f)(1) The Secretary'' and 
                inserting the following:
    ``(f) Grants for In-School Training Programs.--
            ``(1) In general.--The Secretary'';
                    (B) in paragraph (2)--
                            (i) by striking ``(2) Funds'' and inserting 
                        the following:
            ``(2) Use of funds.--Funds''; and
                            (ii) by indenting subparagraphs (A) through 
                        (E) appropriately; and
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection such 
        sums as are necessary for each of fiscal years 2002 and 
        2003.''.
    (b) Newsletter.--Section 4210 of the Indian Alcohol and Substance 
Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2416) is amended 
by striking subsection (b) and inserting the following:
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
each of fiscal years 2002 and 2003.''.
    (c) Indian Education Programs.--Section 4212(a) of the Indian 
Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 
U.S.C. 2432(a)) is amended--
            (1) in the first sentence, by striking ``The Assistant 
        Secretary of Indian Affairs'' and inserting the following:
            ``(1) In general.--The Assistant Secretary of Indian 
        Affairs'';
            (2) in the second sentence, by striking ``The Assistant 
        Secretary shall'' and inserting the following:
            ``(2) Defrayment of costs.--The Assistant Secretary 
        shall''; and
            (3) by striking the third sentence and inserting the 
        following:
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection such 
        sums as are necessary for each of fiscal years 2002 and 
        2003.''.
    (d) Emergency Shelters.--Section 4213(e) of the Indian Alcohol and 
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 
2433(e)) is amended--
            (1) by striking paragraphs (1) through (3) and inserting 
        the following:
            ``(1) In general.--There are authorized to be appropriated 
        to carry out planning and design, construction, and renovation 
        of, or to purchase or lease land or facilities for, emergency 
        shelters and halfway houses to provide emergency care for 
        Indian youth, such sums as are necessary for each of fiscal 
        years 2002 and 2003.
            ``(2) Staffing and operation.--There is authorized to be 
        appropriated for staffing and operation of emergency shelters 
        and halfway houses described in paragraph (1) $7,000,000 for 
        each of fiscal years 2002 and 2003.
            ``(3) Allocation.--
                    ``(A) In general.--The Secretary of the Interior 
                shall allocate funds made available under this 
                subsection to Indian tribes on the basis of priority of 
                need of the Indian tribes.
                    ``(B) Contracting and grants.--Funds allocated 
                under subparagraph (A) shall be subject to contracting 
                or available for grants under the Indian Self-
                Determination Act (25 U.S.C. 450f et seq.).'';
            (2) in paragraph (4), by striking ``(4) Funds'' and 
        inserting the following:
            ``(4) Conditions for use.--Funds''; and
            (3) in paragraph (5)--
                    (A) by striking ``(5) Nothing in this Act may be 
                construed'' and inserting the following:
            ``(5) Effect on other authority.--Nothing in this Act'';
                    (B) in subparagraph (A)--
                            (i) by striking ``to limit'' and inserting 
                        ``limits''; and
                            (ii) by striking ``houses, or'' and 
                        inserting ``houses; or''; and
                    (C) in subparagraph (B), by striking ``to require'' 
                and inserting ``requires''.
    (e) Illegal Narcotics Traffic on the Tohono O'Odham and St. Regis 
Reservations; Source Eradication.--Section 4216 of the Indian Alcohol 
and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 
2442) is amended--
            (1) in subsection (a), by striking paragraph (3) and 
        inserting the following:
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated--
                    ``(A) to carry out paragraph (1)(A), $1,000,000 for 
                each of fiscal years 2002 and 2003; and
                    ``(B) to carry out provisions of this subsection 
                other than paragraph (1)(A), such sums as are necessary 
                for each of fiscal years 2002 and 2003.''; and
            (2) in subsection (b), by striking paragraph (2) and 
        inserting the following:
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection such 
        sums as are necessary for each of fiscal years 2002 and 
        2003.''.
    (f) Bureau of Indian Affairs Law Enforcement and Judicial 
Training.--Section 4218 of the Indian Alcohol and Substance Abuse 
Prevention and Treatment Act of 1986 (25 U.S.C. 2451) is amended by 
striking subsection (b) and inserting the following:
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
each of fiscal years 2002 and 2003.''.
    (g) Juvenile Detention Centers.--Section 4220 of the Indian Alcohol 
and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 
2453) is amended by striking subsection (b) and inserting the 
following:
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
each of fiscal years 2002 and 2003.''.

SEC. 8005. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT.

    (a) Indian Child Abuse Treatment Grant Program.--Section 409 of the 
Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 
3208) is amended by striking subsection (e) and inserting the 
following:
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2002 and 2003.''.
    (b) Indian Child Resource and Family Services Centers.--Section 410 
of the Indian Child Protection and Family Violence Prevention Act (25 
U.S.C. 3209) is amended by striking subsection (h) and inserting the 
following:
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 2002 and 2003.''.
    (c) Indian Child Protection and Family Violence Prevention 
Program.--Section 411 of the Indian Child Protection and Family 
Violence Prevention Act (25 U.S.C. 3210) is amended by striking 
subsection (i) and inserting the following:
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000 for each of fiscal 
years 2002 and 2003.''.

SEC. 8006. NATIVE HAWAIIAN HEALTH CARE IMPROVEMENT ACT.

    (a) Native Hawaiian Health Care Systems.--Section 6 of the Native 
Hawaiian Health Care Improvement Act (42 U.S.C. 11705) is amended by 
striking subsection (h) and inserting the following:
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
each of fiscal years 2002 and 2003.''.
    (b) Native Hawaiian Health Scholarships.--Section 10 of the Native 
Hawaiian Health Care Improvement Act (42 U.S.C. 11709) is amended by 
striking subsection (c) and inserting the following:
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
each of fiscal years 2002 and 2003.''.

SEC. 8007. FOUR CORNERS INTERPRETIVE CENTER ACT.

    Section 7 of the Four Corners Interpretive Center Act (Public Law 
106-143; 113 Stat. 1706) is amended--
            (1) in subsection (a)(2), by striking ``2005'' and 
        inserting ``2007'';
            (2) in subsection (b), by striking ``2002'' and inserting 
        ``2004''; and
            (3) in subsection (c), by striking ``2001'' and inserting 
        ``2003''.

SEC. 8008. ENVIRONMENTAL DISPUTE RESOLUTION FUND.

    Section 13 of the Morris K. Udall Scholarship and Excellence in 
National Environmental and Native American Public Policy Act of 1992 
(20 U.S.C. 5609) is amended by striking subsection (b) and inserting 
the following:
    ``(b) Environmental Dispute Resolution Fund.--There is authorized 
to be appropriated to the Environmental Dispute Resolution Fund 
established by section 10 $4,000,000 for each of fiscal years 2004 
through 2008, of which--
            ``(1) $3,000,000 shall be used to pay operations costs 
        (including not more than $1,000 for official reception and 
        representation expenses); and
            ``(2) $1,000,000 shall be used for grants or other 
        appropriate arrangements to pay the costs of services provided 
        in a neutral manner relating to, and to support the 
        participation of non-Federal entities (such as State and local 
        governments, tribal governments, nongovernmental organizations, 
        and individuals) in, environmental conflict resolution 
        proceedings involving Federal agencies.''.

                   TITLE IX--MISCELLANEOUS PROVISIONS

                    Subtitle A--Cultural Provisions

SEC. 9101. 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 Director 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 Director 
                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 
                Director, 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 Act, the Director 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 Act:
            (1) Authority.--The term ``Authority'' means the Native 
        American Cultural and Educational Authority of Oklahoma, and 
        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) Director.--The term ``Director'' means the Director of 
        the Institute of Museum and Library Services.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director to grant assistance under subsection 
(b)(1), $8,250,000 for each of fiscal years 2003 through 2006.

SEC. 9102. REHABILITATION OF CELILO INDIAN VILLAGE.

    Section 401(b)(3) of Public Law 100-581 (102 Stat. 2944) is amended 
by inserting ``and Celilo Village'' after ``existing sites''.

SEC. 9103. CONVEYANCE OF NATIVE ALASKAN OBJECTS.

    Notwithstanding any provision of law affecting the disposal of 
Federal property, on the request of the Chugach Alaska Corporation or 
Sealaska Corporation, the Secretary of Agriculture shall convey to 
whichever of those corporations that has received title to a cemetery 
site or historical place on National Forest System land conveyed under 
section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1613(h)(1)) all artifacts, physical remains, and copies of any 
available field records that--
            (1)(A) are in the possession of the Secretary of 
        Agriculture; and
            (B) have been collected from the cemetery site or 
        historical place; but
            (2) are not required to be conveyed in accordance with the 
        Native American Graves Protection Act and Repatriation Act (25 
        U.S.C. 3001 et seq.) or any other applicable law.

                   Subtitle B--Indian Probate Reform

SEC. 9201. SHORT TITLE.

    This subtitle may be cited as the ``Indian Probate Reform Act of 
2002''.

SEC. 9202. FINDINGS.

    Congress makes the following findings:
            (1) The General Allotment Act of 1887 (commonly known as 
        the `Dawes Act'), which authorized the allotment of Indian 
        reservations, did not allow Indian allotment owners to provide 
        for the testamentary disposition of the land that was allotted 
        to those owners.
            (2) The Dawes Act provided that allotments would descend 
        according to State law of intestate succession based on the 
        location of the allotment.
            (3) The Federal Government's reliance on the State law of 
        intestate succession with respect to the descendency of 
        allotments has resulted in numerous problems affecting Indian 
        tribes, their members, and the Federal Government. Those 
        problems include--
                    (A) the increasing fractionated ownership of trust 
                and restricted land as that land is inherited by 
                successive generations of owners as tenants in common;
                    (B) the application of different rules of intestate 
                succession to each of a decedent's interests in trust 
                and restricted land if that land is located within the 
                boundaries of more than 1 State, which application 
                makes probate planning unnecessarily difficult and 
                impedes efforts to provide probate planning assistance 
                or advice;
                    (C) the absence of a uniform general probate code 
                for trust and restricted land which makes it difficult 
                for Indian tribes to work cooperatively to develop 
                tribal probate codes; and
                    (D) the failure of Federal law to address or 
                provide for many of the essential elements of general 
                probate law, either directly or by reference, which is 
                unfair to the owners of trust and restricted land and 
                their heirs and devisees and which makes probate 
                planning more difficult.
            (4) Based on the problems identified in paragraph (3), a 
        uniform Federal probate code would likely--
                    (A) reduce the number of unnecessary fractionated 
                interests in trust or restricted land;
                    (B) facilitate efforts to provide probate planning 
                assistance and advice;
                    (C) facilitate inter-tribal efforts to produce 
                tribal probate codes pursuant to section 206 of the 
                Indian Land Consolidation Act (25 U.S.C. 2205); and
                    (D) provide essential elements of general probate 
                law that are not applicable on the date of enactment of 
                this subtitle to interests in trust or restricted land.

                    CHAPTER 1--INDIAN PROBATE REFORM

SEC. 9211. INDIAN PROBATE REFORM.

    (a) Testamentary Disposition.--Subsection (a) of section 207 of the 
Indian Land Consolidation Act (25 U.S.C. 2206(a)) is amended to read as 
follows:
    ``(a) Testamentary Disposition.--
            ``(1) General devise of an interest in trust or restricted 
        land.--
                    ``(A) In general.--Subject to any applicable 
                Federal law relating to the devise or descent of trust 
                or restricted property, or a tribal probate code 
                enacted pursuant to section 206, the owner of an 
                interest in trust or restricted land may devise such an 
                interest to the Indian tribe with jurisdiction over the 
                land so devised, or to any Indian in trust or 
                restricted status or as a passive trust interest (as 
                provided for in section 207A).
                    ``(B) Status.--The devise of an interest in trust 
                or restricted land to an Indian under subparagraph (A) 
                shall not alter the status of such an interest as a 
                trust or restricted interest unless the testator 
                provides that the interest is to be held as a passive 
                trust interest.
            ``(2) Devise of trust or restricted land in passive trust 
        or fee status.--
                    ``(A) In general.--Except as provided in any 
                applicable Federal law, any interest in trust or 
                restricted land that is not devised pursuant to 
                paragraph (1) may only be devised--
                            ``(i) as a life estate to any non-Indian 
                        person (the remainder interest may only be 
                        devised pursuant to clause (ii), subparagraph 
                        (C), or paragraph (1)(A));
                            ``(ii)(I) to the testator's lineal 
                        descendant or heir of the 1st or 2nd degree as 
                        a passive trust interest (to be known as an 
                        `eligible passive trust devisee'); or
                            ``(II) if the testator does not have an 
                        heir of the 1st or 2nd degree or a lineal 
                        descendant, to any lineal descendant of a 
                        testator's Indian grandparent as a passive 
                        trust interest (to be known as an `eligible 
                        passive trust devisee'); or
                            ``(iii) in fee status as provided for in 
                        subparagraph (C).
                    ``(B) Presumed devise of passive trust interest.--
                Any devise to an eligible passive trust devisee, 
                including the devise of a remainder interest from the 
                devise of a life estate under subparagraph (A)(ii), 
                that does not indicate whether the interest is devised 
                as a passive trust interest or a fee interest shall be 
                construed to devise a passive trust interest.
                    ``(C) Devise of a fee interest.--Subject to 
                subparagraph (D), any interest in trust or restricted 
                land that is not devised pursuant to paragraph (1), or 
                devised to an eligible passive trust devisee pursuant 
                to subparagraph (A), may be devised to a non-Indian in 
                fee status.
                    ``(D) Limitation.--Any interest in trust or 
                restricted land that is subject to section 4 of the Act 
                of June 18, 1934 (25 U.S.C. 464) may only be devised 
                pursuant to such section 4, subparagraph (A) of this 
                paragraph, or paragraph (1) of this subsection.
            ``(3) Devise of a passive trust interest.--
                    ``(A) In general.--The holder of an interest in 
                trust or restricted land that is held as a passive 
                trust interest may devise the interest as a passive 
                trust interest only to--
                            ``(i) any Indian or the Indian tribe that 
                        exercises jurisdiction over the interest;
                            ``(ii) the holder's lineal descendants or 
                        heirs of the first or second degree;
                            ``(iii) any living descendant of the 
                        decedent from whom the holder acquired the 
                        interest by devise or descent; and
                            ``(iv) any person who owns a pre-existing 
                        interest or a passive trust interest in the 
                        same parcel of land if the pre-existing 
                        interest is held in trust or restricted status 
                        or in passive trust status.
                    ``(B) Ineligible devisees and intestate 
                succession.--A passive trust interest that is devised 
                to a person who is not eligible under subparagraph (A) 
                or that is not disposed of by a valid will shall pass 
                pursuant to the applicable law of intestate succession 
                as provided for in subsection (b).''.
    (b) Intestate Succession.--Subsection (b) of section 207 of the 
Indian Land Consolidation Act (25 U.S.C. 2206(b)) is amended to read as 
follows:
    ``(b) Intestate Succession.--
            ``(1) Rules of descent.--
                    ``(A) In general.--Subject to any applicable 
                Federal law relating to the devise or descent of trust 
                or restricted property, any interest in trust or 
                restricted land that is not disposed of by a valid will 
                shall--
                            ``(i) descend according to a tribal probate 
                        code that is approved pursuant to section 206; 
                        or
                            ``(ii) in the case of an interest in trust 
                        or restricted land to which such a code does 
                        not apply, be considered an `intestate 
                        interest' and descend pursuant to paragraph 
                        (2), this Act, and other applicable Federal 
                        law.
                    ``(B) Classifications.--For purposes of applying 
                this subsection, intestate interests referred to in 
                subparagraph (A)(ii) shall be classified as either--
                            ``(i) a devise or inheritance interest (an 
                        interest acquired by a decedent through devise 
                        or inheritance); or
                            ``(ii) an acquired interest (an interest 
                        acquired by a decedent by any means other than 
                        devise or inheritance and an interest acquired 
                        by a decedent through devise or inheritance)--
                                    ``(I) if the decedent--
                                            ``(aa) acquired additional 
                                        undivided interests in the same 
                                        parcel as the interest, by a 
                                        means other than devise or 
                                        inheritance; or
                                            ``(bb) acquired land 
                                        adjoining the parcel of land 
                                        that includes the interest; or
                                    ``(II) if the parcel of land that 
                                includes the interest includes the 
                                decedent's spouse's residence.
            ``(2) Intestate succession.--An interest in trust or 
        restricted land described in paragraph (1)(A)(ii) (an intestate 
        interest) shall descend as provided for in this paragraph:
                    ``(A) Surviving indian spouse.--If a decedent is 
                survived by an Indian spouse and the decedent's estate 
                includes--
                            ``(i) one or more acquired interests, the 
                        decedent's spouse shall receive all such 
                        acquired interests; or
                            ``(ii) one or more devise or inheritance 
                        Interests, and--
                                    ``(I) the decedent is not survived 
                                by an Indian heir of the first or 
                                second degree, the decedent's spouse 
                                shall receive all such devise or 
                                inheritance interests; or
                                    ``(II) the decedent is survived by 
                                an Indian heir of the first or second 
                                degree, the decedent's devise or 
                                inheritance interest shall descend 
                                pursuant to paragraph (3)(A).
                    ``(B) Surviving non-indian spouse.--If a decedent 
                is survived by a non-Indian spouse and the decedent's 
                estate includes--
                            ``(i) one or more acquired interests, the 
                        decedent's spouse shall receive a life estate 
                        in such acquired interest, and if the decedent 
                        is--
                                    ``(I) survived by an Indian heir of 
                                the 1st or 2nd degree, the remainder 
                                interests shall descend pursuant to 
                                paragraph (3)(A); or
                                    ``(II) not survived by an Indian 
                                heir of the 1st or 2nd degree, the 
                                remainder interest shall descend 
                                pursuant to paragraph (3)(C); or
                            ``(ii) one or more devise or inheritance 
                        interests, and the decedent is--
                                    ``(I) survived by an Indian heir of 
                                the 1st or 2nd degree, such devise or 
                                inheritance interests shall descend 
                                pursuant to paragraph (3)(A); or
                                    ``(II) not survived by an Indian 
                                heir of the 1st or 2nd degree, such 
                                devise or inheritance interest shall 
                                descend pursuant to paragraph (3)(C).
                    ``(C) No surviving spouse.--If the decedent is not 
                survived by a spouse, and the decedent's estate 
                includes one or more acquired interests or one or more 
                devise or inheritance interests and the decedent is--
                            ``(i) survived by an Indian heir of the 1st 
                        or 2nd degree, the acquired interests or devise 
                        or inheritance interests shall descend pursuant 
                        to paragraph (3)(A); or
                            ``(ii) not survived by an Indian heir of 
                        the 1st or 2nd degree, the acquired interests 
                        or devise or inheritance interests shall 
                        descend pursuant to paragraph (3)(C).
            ``(3) Rules applicable to intestate succession.--
                    ``(A) Indian heirs.--For purposes of this 
                subsection, Indian heirs of the 1st or 2nd degree shall 
                inherit in the following order:
                            ``(i) The Indian children of the decedent, 
                        in equal shares, or if one or more of those 
                        Indian children do not survive the decedent, 
                        such Indian children of the decedent's deceased 
                        child shall inherit by right of representation.
                            ``(ii) If the decedent has no Indian 
                        children or grandchildren (that take by 
                        representation under clause (i)), to the 
                        decedent's Indian brothers and sisters in equal 
                        shares.
                            ``(iii) If the decedent has no Indian 
                        brothers or sisters, to the decedent's Indian 
                        parent or parents.
                    ``(B) Right of representation.--For purpose of this 
                subsection, in any case involving the determination of 
                a right of representation--
                            ``(i) each interest in trust land shall be 
                        equally divided into a number of shares that 
                        equals the sum of--
                                    ``(I) the number of surviving heirs 
                                in the nearest degree of kinship; and
                                    ``(II) the number of deceased 
                                persons in that same degree, if any, 
                                who left issue who survive the 
                                decedent;
                            ``(ii) each surviving heir described in 
                        clause (i)(I) shall receive 1 share; and
                            ``(iii)(I) each deceased person described 
                        in clause (i)(II) shall receive 1 share; and
                            ``(II) that share shall be divided equally 
                        among the surviving issue of the deceased 
                        person.
                    ``(C) No indian heirs.--
                            ``(i) In general.--For purposes of this 
                        subsection, if a decedent does not have an 
                        Indian heir of the 1st or 2nd degree, an 
                        interest shall descend to an Indian collateral 
                        heir who is a co-owner of an interest owned by 
                        the decedent if any.
                            ``(ii) Multiple collateral heirs.--If--
                                    ``(I) more than one Indian 
                                collateral heir owns an interest in an 
                                interest referred to in clause (i), the 
                                interest shall descend to the 
                                collateral heir that owns the largest 
                                undivided interest in the parcel; or
                                    ``(II) two or more collateral heirs 
                                own equal shares in an interest 
                                referred to in clause (i), the interest 
                                passing pursuant to this subsection 
                                shall be divided equally between those 
                                collateral heirs that own equal shares.
                            ``(iii) No ownership.--If none of the 
                        decedent's collateral heirs own an interest in 
                        the interest referred to in clause (i), the 
                        interest shall descend to the Indian tribe that 
                        exercises jurisdiction over the parcel of trust 
                        or restricted lands involved, subject to clause 
                        (iv).
                            ``(iv) Acquisition of interest.--
                        Notwithstanding clause (iii), an Indian co-
                        owner of a parcel of trust or restricted land 
                        may acquire an interest subject to such clause 
                        by paying into the decedent's estate, before 
                        the close of the probate of the decedent's 
                        estate, the fair market value of the interest 
                        in such land. If more than 1 Indian co-owner 
                        (including the Indian tribe referred to in 
                        clause (iii)) offers to pay for such an 
                        interest, the highest bidder shall acquire the 
                        interest.
                            ``(v) Definition.--In this subparagraph, 
                        the term `collateral heir' means the decedent's 
                        aunt, uncle, niece, nephew, and first cousin.
            ``(4) Special rule relating to survival.--For purposes of 
        this section, an individual who fails to survive a decedent by 
        at least 120 hours is deemed to have predeceased the decedent 
        for the purposes of intestate succession, and the heirs of the 
        decedent shall be determined accordingly. If it is not 
        established by clear and convincing evidence that an individual 
        who would otherwise be an heir survived the decedent by at 
        least 120 hours, the individual shall be deemed to have failed 
        to survive for the required time-period for the purposes of the 
        preceding sentence.
            ``(5) Pretermitted spouses and children.--
                    ``(A) Spouses.--For the purposes of this section, 
                if the surviving spouse of a testator married the 
                testator after the testator executed his or her will, 
                the surviving spouse shall receive the intestate share 
                in trust or restricted land that the spouse would have 
                otherwise received if the testator had died intestate. 
                The preceding sentence shall not apply to an interest 
                in trust or restricted land where--
                            ``(i) the will is executed before the date 
                        of enactment of this subsection;
                            ``(ii) the testator's spouse is a non-
                        Indian and the testator has devised his or her 
                        interests in trust or restricted land to an 
                        Indian or Indians;
                            ``(iii) it appears from the will or other 
                        evidence that the will was made in 
                        contemplation of the testator's marriage to the 
                        surviving spouse;
                            ``(iv) the will expresses the intention 
                        that it is to be effective notwithstanding any 
                        subsequent marriage; or
                            ``(v) the testator provided for the spouse 
                        by a transfer of funds or property outside of 
                        the will and an intent that the transfer be in 
                        lieu of a testamentary provision is 
                        demonstrated by the testator's statements or is 
                        reasonably inferred from the amount of the 
                        transfer or other evidence.
                    ``(B) Children.--For the purposes of this section, 
                if a testator executed his or her will prior to the 
                birth or adoption of 1 or more children of the testator 
                and the omission is the product of inadvertence rather 
                than an intentional omission, those children shall 
                share in the decedent's intestate interests in trust or 
                restricted land as if the decedent had died intestate. 
                Any person recognized as an heir by virtue of adoption 
                under the Act of July 8, 1940 (54 Stat 746), shall be 
                treated as a decedent's child under this section.
            ``(6) Divorce.--
                    ``(A) Surviving spouse.--
                            ``(i) In general.--For the purposes of this 
                        section, an individual who is divorced from the 
                        decedent, or whose marriage to the decedent has 
                        been annulled, shall not be considered to be a 
                        surviving spouse unless, by virtue of a 
                        subsequent marriage, the individual is married 
                        to the decedent at the time of death. A decree 
                        of separation that does not terminate the 
                        status of husband and wife shall not be 
                        considered a divorce for the purposes of this 
                        subsection.
                            ``(ii) Rule of construction.--Nothing in 
                        clause (i) shall be construed to prevent an 
                        entity responsible for adjudicating interests 
                        in trust or restricted land from giving force 
                        and effect to a property right settlement if 
                        one of the parties to the settlement dies 
                        before the issuance of a final decree 
                        dissolving the marriage of the parties to the 
                        property settlement.
                    ``(B) Effect of subsequent divorce on a will or 
                devise.--If after executing a will the testator is 
                divorced or the marriage of the testator is annulled, 
                upon the effective date of the divorce or annulment any 
                disposition of interests in trust or restricted land 
                made by the will to the former spouse shall be deemed 
                to be revoked unless the will expressly provides 
                otherwise. Property that is prevented from passing to a 
                former spouse based on the preceding sentence shall 
                pass as if the former spouse failed to survive the 
                decedent. Any provision of a will that is revoked 
                solely by operation of this paragraph shall be revived 
                by the testator's remarriage to the former spouse.
            ``(7) Notice.--To the extent practicable, the Secretary 
        shall notify the owners of trust and restricted land of the 
        provisions of this Act. The notice may, at the discretion of 
        the Secretary, be provided together with the notice required 
        under section 207(g).''.
    (c) Rule of Construction.--Section 207 of the Indian Land 
Consolidation Act (25 U.S.C. 2206) is amended by adding at the end the 
following:
    ``(h) Rule of Construction.--For purposes of subsections (a) and 
(b), any reference to `applicable Federal law' shall be construed to 
include Public Law 91-627 (84 Stat. 1874, amending section 7 of the Act 
of August 9, 1946), Public Law 92-377 (86 Stat. 530), Public Law 92-443 
(86 Stat. 744), Public Law 96-274 (94 Stat. 537), and Public Law 98-513 
(98 Stat. 2411). Nothing in this section shall be construed to amend or 
alter such Public Laws or any other Federal law that provides for the 
devise and descent of any trust or restricted lands located on a 
specific Indian reservation.''.
    (d) Passive Trust Status for Trust or Restricted Land.--The Indian 
Land Consolidation Act is amended by inserting after section 207 (25 
U.S.C. 2206) the following:

``SEC. 207A. PASSIVE TRUST STATUS FOR TRUST OR RESTRICTED LAND.

    ``(a) Passive Trust.--The owner of an interest in trust or 
restricted land may submit an application to the Secretary requesting 
that such interest be held in passive trust interest status. Such 
application may authorize the Secretary to amend or alter any existing 
lease or agreement with respect to the interest that is the subject of 
the application.
    ``(b) Approval.--Upon the approval of an application by the 
Secretary under subsection (a), an interest in trust or restricted land 
shall be held as a passive trust interest in accordance with this 
section.
    ``(c) Requirements.--Except as provided in this section, an 
interest in trust or restricted land that is held as a passive trust 
interest under this section--
            ``(1) shall continue to be covered under any applicable 
        tax-exempt status and continue to be subject to any 
        restrictions on alienation until such interest is patented in 
        fee status;
            ``(2) may, without the approval of the Secretary, be--
                    ``(A) leased for a period of not to exceed 25 
                years;
                    ``(B) mortgaged pursuant to the Act of March 29, 
                1956 (25 U.S.C. 483a); or
                    ``(C) sold or conveyed to an Indian, the Indian 
                tribe that exercises jurisdiction over the interest, or 
                a co-owner of an interest in the same parcel of land if 
                the co-owner owns a pre-existing trust, restricted 
                interest, or a passive trust interest in the parcel; 
                and
            ``(3) may be subject to an ordinance or resolution enacted 
        under subsection (d).
    ``(d) Ordinance or Resolution for Removal of Status.--
            ``(1) In general.--The governing body of the Indian tribe 
        that exercises jurisdiction over an interest in trust or 
        restricted land that is held as a passive trust interest in 
        accordance with this section may enact an ordinance or 
        resolution to allow the owner of such an interest to apply to 
        the Secretary for the removal of the trust or restricted status 
        of such portion of such lands that are subject to the tribe's 
        jurisdiction.
            ``(2) Review by secretary.--The Secretary shall review and 
        may approve an ordinance or resolution enacted by an Indian 
        tribe pursuant to paragraph (1) if the Secretary determines 
        that the ordinance or resolution is consistent with this Act 
        and will not increase fractionated ownership of Indian land.
    ``(e) Revenues or Royalties.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary shall not be responsible for the collection of or 
        accounting for any lease revenues or royalties accruing to an 
        interest held as a passive trust interest by any person under 
        this section.
            ``(2) Exception.--Paragraph (1) shall not apply to an 
        interest described in such paragraph if the Secretary approves 
        an application to have such interest be taken into active trust 
        status on behalf of an Indian or an Indian tribe pursuant to 
        regulations enacted by the Secretary.
            ``(3) Rule of construction.--Nothing in this subsection 
        shall be construed to alter the authority or responsibility of 
        the Secretary, if any, with respect to an interest in trust or 
        restricted land held in active trust status, including an 
        undivided interest within the same parcel of land as an 
        undivided passive trust interest.
    ``(f) Jurisdiction Over Passive Trust Interest.--An Indian tribe 
that exercises jurisdiction over an interest in trust or restricted 
land that is devised or held as a passive trust interest under this 
section shall continue to exercise jurisdiction over the land that is 
held as a passive trust interest and any person holding, leasing, or 
otherwise using such land shall be deemed to have consented to the 
jurisdiction of such a tribe with respect to the use of such land, 
including any impacts associated with any use of such lands.
    ``(g) Probate of Passive Trust Interests.--An interest in trust or 
restricted land that is held as a passive trust interest under this 
section shall be subject to probate by the Secretary pursuant to this 
Act and other laws applicable to the probate of trust or restricted 
land. Any interested party may file an application to commence the 
probate of an interest in trust or restricted land held as a passive 
trust interest.
    ``(h) Regulations.--The Secretary shall promulgate regulations to 
implement this section.''.
    (e) Partition.--Section 205 of the Indian Land Consolidation Act 
(25 U.S.C. 2204) is amended by adding at the end the following:
    ``(c) Partition.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, in accordance with this subsection and subject to 
        paragraphs (2), (3), and (4)--
                    ``(A) an Indian tribe may apply to the Secretary 
                for the partition of a parcel of land that is--
                            ``(i) located within the reservation of the 
                        Indian tribe; or
                            ``(ii) otherwise under the jurisdiction of 
                        the Indian tribe; and
                    ``(B) the Secretary may commence a process for 
                partitioning a parcel of land as provided for in 
                paragraphs (2)(B) and (6)(B), if--
                            ``(i) an Indian tribe owns an undivided 
                        interest in the parcel of land and such tribe 
                        consents to the partition;
                            ``(ii)(I) the tribe referred to in clause 
                        (i) meets the ownership requirement of clauses 
                        (i) or (ii) of paragraph (2)(B); or
                            ``(II) the Secretary determines that it is 
                        reasonable to believe that the partition would 
                        be in accordance with paragraph (2)(B)(iii); 
                        and
                            ``(iii) the tribe referred to in paragraph 
                        (3), if any, consents to the partition.
        For purposes of this subsection, the term `eligible Indian 
        tribe' means an Indian tribe described in subparagraph (A) and 
        (B)(i).
            ``(2) Tribal ownership.--A parcel of land may be 
        partitioned under this subsection if, with respect to the 
        eligible Indian tribe involved--
                    ``(A) the tribe owns an undivided interest in the 
                parcel of land; and
                    ``(B)(i) the tribe owns 50 percent or more of the 
                undivided interest in the parcel;
                    ``(ii) the tribe is the owner of the largest 
                quantity of undivided interest in the parcel; or
                    ``(iii) the owners of undivided interests equal to 
                at least 50 percent of the undivided interests in the 
                parcel (including any undivided interest owned by the 
                tribe) consent or do not object to the partition.
            ``(3) Tribal consent.--A parcel of land that is located 
        within the reservation of an Indian tribe or otherwise under 
        the jurisdiction of an Indian tribe shall be partitioned under 
        this subsection only if the Indian tribe does not object to the 
        partition.
            ``(4) Applicability.--This subsection shall not apply to 
        any parcel of land that is the bona fide residence of any 
        person unless the person consents to the partition in writing.
            ``(5) Partition in kind.--
                    ``(A) In general.--The Secretary shall commence the 
                partition process described in subparagraph (B) if--
                            ``(i) an eligible Indian tribe applies to 
                        partition a parcel of land under this 
                        paragraph; and
                            ``(ii)(I) the Secretary determines that the 
                        Indian tribe meets the applicable ownership 
                        requirements of clause (i) or (ii) of paragraph 
                        (2)(B); or
                            ``(II) the Secretary determines that it is 
                        reasonable to believe that the partition would 
                        be in accordance with paragraph (2)(B)(iii).
                    ``(B) Partition process.--In carrying out any 
                partition, the Secretary shall--
                            ``(i) provide, to each owner of any 
                        undivided interest in the parcel to be 
                        partitioned, through publication or other 
                        appropriate means, notice of the proposed 
                        partition;
                            ``(ii) make available to any interested 
                        party a copy of any proposed partition plan 
                        submitted by an Indian tribe or proposed by the 
                        Secretary; and
                            ``(iii) review--
                                    ``(I) any proposed partition plan 
                                submitted by any owner of an undivided 
                                interest in the parcel; and
                                    ``(II) any comments or objections 
                                concerning a partition, or any proposed 
                                plan of partition, submitted by any 
                                owner or any other interested party.
                    ``(C) Determination not to partition.--If the 
                Secretary determines that a parcel of land cannot be 
                partitioned in a manner that is fair and equitable to 
                the owners of the parcel, the Secretary shall inform 
                each owner of the parcel of--
                            ``(i) the determination of the Secretary; 
                        and
                            ``(ii) the right of the owner to appeal the 
                        determination.
                    ``(D) Partition with consent of qualified indian 
                tribe.--If the Secretary determines that a parcel of 
                land may be partitioned in a manner that is fair and 
                equitable to the owners of the parcel, and the Indian 
                tribe meets the applicable ownership requirements under 
                clause (i) or (ii) of paragraph (2)(B), the Secretary 
                shall--
                            ``(i) approve a plan of partition;
                            ``(ii) provide notice to the owners of the 
                        parcel of the determination of the Secretary;
                            ``(iii) make a copy of the plan of 
                        partition available to each owner of the 
                        parcel; and
                            ``(iv) inform each owner of the right to 
                        appeal the determination of the Secretary to 
                        partition the parcel in accordance with the 
                        plan.
                    ``(E) Partition with consent; implied consent.--If 
                the Secretary determines that a parcel may be 
                partitioned in a manner that is fair and equitable to 
                the owners of the parcel, but the Indian tribe involved 
                does not meet the applicable ownership requirements 
                under clause (i) or (ii) of paragraph (2)(B), the 
                Secretary shall--
                            ``(i)(I) make a plan of partition available 
                        to the owners of the parcel; and
                            ``(II) inform the owners that the parcel 
                        will be partitioned in accordance with the plan 
                        if the owners of 50 percent or more of 
                        undivided ownership interest in the parcel 
                        either--
                                    ``(aa) consent to the partition; or
                                    ``(bb) do not object to the 
                                partition by such deadline as may be 
                                established by the Secretary;
                            ``(ii) if the owners of 50 percent or more 
                        of undivided ownership interest in the parcel 
                        consent to the partition or do not object by a 
                        deadline established by the Secretary under 
                        clause (i)(II)(bb), inform the owners of the 
                        parcel that--
                                    ``(I) the plan for partition is 
                                final; and
                                    ``(II) the owners have the right to 
                                appeal the determination of the 
                                Secretary to partition the parcel; and
                            ``(iii) if the owners of 50 percent or more 
                        of the undivided ownership interest in the 
                        parcel object to the partition, inform the 
                        Indian tribe of the objection.
                    ``(F) Successive partition plans.--In carrying out 
                subparagraph (E) in accordance with paragraph 
                (2)(B)(iii), the Secretary may, in accordance with 
                subparagraph (E)--
                            ``(i) approve 1 or more successive plans of 
                        partition; and
                            ``(ii) make those plans available to the 
                        owners of the parcel.
                    ``(G) Plan of partition--A plan of partition 
                approved by the Secretary in accordance with 
                subparagraph (D) or (E)--
                            ``(i) may determine that 1 or more of the 
                        undivided interests in a parcel are not 
                        susceptible to a partition in kind;
                            ``(ii) may provide for the sale or exchange 
                        of those undivided interests to--
                                    ``(I) 1 or more of the owners of 
                                undivided interests in the parcel; or
                                    ``(II) the Secretary in accordance 
                                with section 213; and
                            ``(iii) shall provide that the sale of any 
                        undivided interest referred to in clause (ii) 
                        shall be for not less than the fair market 
                        value of the interest.
            ``(6) Partition by sale.--
                    ``(A) In general.--The Secretary shall commence the 
                partition process described in subparagraph (B) if--
                            ``(i) an eligible Indian tribe applies to 
                        partition a parcel of land under this 
                        subsection; and
                            ``(ii)(I) the Secretary determines that the 
                        Indian tribe meets the applicable ownership 
                        requirements of clause (i) or (ii) of paragraph 
                        (2)(B); or
                            ``(II) the Secretary determines that it is 
                        reasonable to believe that the partition would 
                        be in accordance with paragraph (2)(B)(iii).
                    ``(B) Partition process.--In carrying out any 
                partition of a parcel, the Secretary--
                            ``(i) shall conduct a preliminary appraisal 
                        of the parcel;
                            ``(ii) shall provide, to the owners of the 
                        parcel, through publication or other 
                        appropriate means--
                                    ``(I) notice of the application of 
                                the Indian tribe to partition the 
                                parcel; and
                                    ``(II) access to the preliminary 
                                appraisal conducted in accordance with 
                                clause (i);
                            ``(iii) shall inform each owner of the 
                        parcel of the right to submit to the Secretary 
                        comments relating to the preliminary appraisal;
                            ``(iv) may, based on comments received 
                        under clause (iii), modify the preliminary 
                        appraisal or provide for the conduct of a new 
                        appraisal; and
                            ``(v) shall--
                                    ``(I) issue a final appraisal for 
                                the parcel;
                                    ``(II) provide to the owners of the 
                                parcel and the appropriate Indian 
                                tribes access to the final appraisal; 
                                and
                                    ``(III) inform the Indian tribes of 
                                the right to appeal the final 
                                appraisal.
                    ``(C) Purchase by qualified indian tribe.--If an 
                eligible Indian tribe agrees to pay fair market value 
                for a partitioned parcel, as determined by the final 
                appraisal of the parcel issued under subparagraph 
                (B)(v)(I) (including any appraisal issued by the 
                Secretary after an appeal by the Indian tribe under 
                subparagraph (B)(v)(III)), and the Indian tribe meets 
                the applicable ownership requirements of clause (i) or 
                (ii) of paragraph (2)(B), the Secretary shall--
                            ``(i) provide to each owner of the parcel 
                        notice of the decision of the Indian tribe; and
                            ``(ii) inform the owners of the right to 
                        appeal the decision (including the right to 
                        appeal any final appraisal of the parcel 
                        referred to in subparagraph (B)(v)(III)).
                    ``(D) Partition with consent; implied consent.--
                            ``(i) In general.--If an eligible Indian 
                        tribe agrees to pay fair market value for a 
                        partitioned parcel, as determined by the final 
                        appraisal of the parcel issued under 
                        subparagraph (B)(v)(I) (including any appraisal 
                        issued by the Secretary after an appeal by the 
                        Indian tribe under subparagraph (B)(v)(III)), 
                        but does not meet the applicable ownership 
                        requirements of clause (i) or (ii) of paragraph 
                        (2)(B), the Secretary shall--
                                    ``(I) provide notice to the owners 
                                of the undivided interest in the 
                                parcel; and
                                    ``(II) inform the owners that the 
                                parcel will be partitioned by sale 
                                unless the partition is opposed by the 
                                owners of 50 percent or more of the 
                                undivided ownership interest in the 
                                parcel.
                            ``(ii) Failure to object to partition.--If 
                        the owners of 50 percent or more of undivided 
                        ownership interest in or to a parcel consent to 
                        the partition or the parcel, or do not object 
                        to the partition by such deadline as may be 
                        established by the Secretary, the Secretary 
                        shall inform the owners of the parcel of the 
                        right to appeal the determination of the 
                        Secretary (including the results of the final 
                        appraisal issued under subparagraph (B)(v)(I)).
                            ``(iii) Objection to partition.--If the 
                        owners of 50 percent or more of the undivided 
                        ownership interest in a parcel object to the 
                        partition of the parcel--
                                    ``(I) the Secretary shall notify 
                                the Indian tribe of the objection; and
                                    ``(II) the Indian tribe and the 
                                Secretary may agree to increase the 
                                amount offered to purchase the 
                                undivided ownership interests in the 
                                parcel.
            ``(7) Enforcement.--
                    ``(A) In general.--If, with respect to a parcel, a 
                partition in kind is approved under subparagraph (D) or 
                (E) of paragraph (5), or a partition by sale is 
                approved under paragraph (6)(C), and the owner of an 
                interest in or to the parcel fails or refuses to convey 
                the interest to the Indian tribe, the Indian tribe or 
                the United States may--
                            ``(i) bring a civil action in the United 
                        States district court for the district in which 
                        the parcel is located; and
                            ``(ii) request the court to issue an 
                        appropriate order for the partition in kind, or 
                        partition by sale to the Indian tribe, of the 
                        parcel.
                    ``(B) Federal role.--With respect to any civil 
                action brought under subparagraph (A)--
                            ``(i) the United States--
                                    ``(I) shall receive notice of the 
                                civil action; and
                                    ``(II) may be a party to the civil 
                                action; and
                            ``(ii) no civil action brought under this 
                        section shall be dismissed, and no relief 
                        requested shall be denied, on the ground that 
                        the civil action is against the United States 
                        or that the United States is an indispensable 
                        party.''.

SEC. 9212. OTHER AMENDMENTS.

    (a) Other Amendments.--The Indian Land Consolidation Act (25 U.S.C. 
2201 et seq.) is amended--
            (1) in section 205(a) (25 U.S.C. 2204(a)), by striking 
        ``over 50 per centum of the undivided interests'' and inserting 
        ``undivided interests equal to at least 50 percent of the 
        undivided interest'';
            (2) in section 206 (25 U.S.C. 2205)--
                    (A) in subsection (a), by striking paragraph (3) 
                and inserting the following:
            ``(3) Tribal probate codes.--Except as provided in any 
        applicable Federal law, the Secretary shall not approve a 
        tribal probate code, or an amendment to such a code, that 
        prevents the devise of an interest in trust or restricted land 
        to--
                    ``(A) an Indian lineal descendant of the original 
                allottee; or
                    ``(B) to an Indian who is not a member of the tribe 
                that exercises jurisdiction over such an interest 
                unless the code provides for the renouncing of 
                interests (to eligible devisees pursuant to such a 
                code), the opportunity for a devisee who is the 
                testator's spouse or lineal descendant to reserve a 
                life estate, and payment of fair market value in the 
                manner prescribed under subsection (c)(2).'';
                    (B) in subsection (c)(1)--
                            (i) by striking ``section 207(a)(6)(A)'' 
                        and inserting ``sections 207(a)(2)(A)(ii), 
                        207(a)(2)(C), and 207(a)(3)''; and
                            (ii) by striking the last sentence and 
                        inserting ``The Secretary shall transfer such 
                        payments to any person or persons who would 
                        have received an interest in land if the 
                        interest had not been acquired by the tribe 
                        pursuant to this paragraph.''; and
                    (C) in subsection (c)(2)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``(A) In general.--
                                Paragraph'' and inserting the 
                                following:
                    ``(A) Nonapplicability to certain interests.--
                            ``(i) In general.--Paragraph'';
                                    (II) by striking ``if, while'' and 
                                inserting the following: ``if--
                                    ``(I) while'';
                                    (III) by striking the period and 
                                inserting ``; or''; and
                                    (IV) by adding at the end the 
                                following:
                                    ``(II) the interest is part of a 
                                family farm that is devised to a member 
                                of the decedent's family if the devisee 
                                agrees that the Indian tribe that 
                                exercises jurisdiction over the land 
                                will have the opportunity to acquire 
                                the interest for fair market value if 
                                the interest is offered for sale to an 
                                entity that is not a member of the 
                                family of the owner of the land.
                            ``(ii) Recording of interest.--Upon the 
                        request of an Indian tribe described in clause 
                        (i)(II), a restriction relating to the 
                        acquisition by such tribe of an interest in the 
                        family farm involved shall be recorded as part 
                        of the deed relating to the interest involved.
                            ``(iii) Rule of construction.--Nothing in 
                        clause (i)(II) shall be construed to prevent or 
                        limit the ability of an owner of land to which 
                        that clause applies to mortgage the land or to 
                        limit the right of the entity holding such a 
                        mortgage to foreclose or otherwise enforce such 
                        a mortgage agreement pursuant to applicable 
                        law.
                            ``(iv) Definition.--In this paragraph, the 
                        term `member of the decedent's family' means 
                        the decedent's lineal descendant, a lineal 
                        descendant of the grandparent of the decedent, 
                        the spouse of any such descendant, or the 
                        decedent's spouse.''; and
                            (ii) in subparagraph (B), by striking 
                        ``subparagraph (A)'' and all that follows 
                        through ``207(a)(6)(B)'' and inserting 
                        ``paragraph (1)'';
            (3) in section 207 (25 U.S.C. 2206)--
                    (A) in subsection (c)--
                            (i) by redesignating paragraph (3) as 
                        paragraph (4); and
                            (ii) by inserting after paragraph (2) the 
                        following:
            ``(3) Alienation of joint tenancy interests.--
                    ``(A) In general.--With respect to any interest 
                held as a joint tenancy pursuant to this subsection--
                            ``(i) nothing in this subsection shall be 
                        construed to alter the ability of the owner of 
                        such an interest to convey a life estate in the 
                        owner's undivided joint tenancy interest; and
                            ``(ii) only the last remaining owner of 
                        such an interest may devise or convey more than 
                        a life estate in such an interest.
                    ``(B) Application of provision.--This paragraph 
                shall not apply to any conveyance, sale, or transfer 
                that is part of an agreement referred to in subsection 
                (e) or to a co-owner of a joint tenancy interest.''; 
                and
                    (B) in subsection (g)(5), by striking ``this 
                section'' and inserting ``subsections (a) and (b)'';
            (4) in section 213 (25 U.S.C. 2212)--
                    (A) in subsection (a)(2), by striking ``(A) In 
                general.--'' and all that follows through 
                ``subparagraph (A), the Secretary'' and inserting ``The 
                Secretary'';
                    (B) in subsection (b)(4), by inserting before the 
                period the following: ``through the use of policies and 
                procedures designed to accommodate the voluntary sale 
                of interests under the pilot program (established by 
                this Act) though the elimination of duplicate 
                conveyance documents, administrative proceedings, and 
                transactions, notwithstanding the existence of any 
                otherwise applicable policy, procedure, or 
                regulation''; and
                    (C) in subsection (c)--
                            (i) in paragraph (1)(A), by striking 
                        ``landowner upon payment'' and all that follows 
                        through the period and inserting the following: 
                        ``landowner--
                            ``(i) upon payment by the Indian landowner 
                        of the amount paid for the interest by the 
                        Secretary; or
                            ``(ii) if the Indian referred to in this 
                        subparagraph provides assurance that the 
                        purchase price will be paid by pledging revenue 
                        from any source, including trust resources, and 
                        the Secretary determines that the purchase 
                        price will be paid in a timely and efficient 
                        manner.'';
                            (ii) in paragraph (1)(B), by inserting 
                        ``unless the interest is subject to a 
                        foreclosure of a mortgage pursuant to the Act 
                        of March 29, 1956 (25 U.S.C. 483a)'' before the 
                        period; and
                            (iii) in paragraph (3), by striking ``10 
                        percent of more of the undivided interests'' 
                        and inserting ``an undivided interest'';
            (5) in section 214 (25 U.S.C. 2213), by striking subsection 
        (b) and inserting the following:
    ``(b) Application of Revenue From Acquired Interests to Land 
Consolidation Pilot Program.--
            ``(1) In general.--The Secretary shall have a lien on any 
        revenue accruing to an interest described under subsection (a) 
        until the Secretary provides for the removal of the lien under 
        paragraph (3) or (4).
            ``(2) Requirements.--Until Secretary removes the lien from 
        an interest of land as provided for in paragraph (1)--
                    ``(A) any lease, resource sale contract, right-of-
                way, or other document evidencing a transaction 
                affecting the interest shall contain a clause providing 
                that all revenue derived from the interest shall be 
                paid to the Secretary;
                    ``(B) any revenue derived from any interest 
                acquired by the Secretary pursuant to section 213 shall 
                be paid into the fund created under section 216; and
                    ``(C) the Secretary may approve a transaction 
                covered under this section on behalf of a tribe 
                notwithstanding any other provision of law, including 
                section 16 of the Act of June 18, 1934 (commonly known 
                as the `Indian Reorganization Act') (25 U.S.C. 476).
            ``(3) Findings by secretary.--The Secretary may remove a 
        lien referred to in (1) if the Secretary makes a finding that--
                    ``(A) the costs of administering the interest will 
                equal or exceed the projected revenues for the parcel 
                of land involved;
                    ``(B) in the discretion of the Secretary, it will 
                take an unreasonable period of time for the parcel of 
                land to generate revenue that equals the purchase price 
                paid for the interest; or
                    ``(C) a subsequent decrease in the value of land or 
                commodities associated with the parcel of land make it 
                likely that the interest will be unable to generate 
                revenue that equals the purchase price paid for the 
                interest in a reasonable time.
            ``(4) Removal of lien.--Pursuant to the consultations 
        referred to in section 213(b)(3), the Secretary shall 
        periodically remove the lien referred to in paragraph (1) from 
        interests in land acquired by the Secretary.'';
            (6) in section 216 (25 U.S.C. 2215)--
                    (A) in subsection (a), by striking paragraph (2) 
                and inserting the following:
            ``(2) collect all revenues received from the lease, permit, 
        or sale of resources from interests acquired under section 213 
        or paid by Indian landowners under section 213.''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1)--
                                    (I) in the matter preceding 
                                subparagraph (A), by striking ``Subject 
                                to paragraph (2), all'' and inserting 
                                ``All'';
                                    (II) in subparagraph (A), by 
                                striking ``and'' at the end;
                                    (III) in subparagraph (B), by 
                                striking the period and inserting ``; 
                                and''; and
                                    (IV) by adding at the end the 
                                following:
                    ``(C) be used to acquire undivided interests on the 
                reservation where the income was derived.''; and
                            (ii) by striking paragraph (2) and 
                        inserting the following:
            ``(2) Use of funds.--The Secretary may utilize the revenue 
        deposited in the Acquisition Fund under paragraph (1) to 
        acquire some or all of the undivided interests in any parcels 
        of land pursuant to section 205.'';
            (7) in section 217 (25 U.S.C. 2216)--
                    (A) in subsection (e)(3), by striking ``prospective 
                applicants for the leasing, use, or consolidation of'' 
                and insert ``any person that is leasing, using or 
                consolidating, or is applying to, lease, use, or 
                consolidate,''; and
                    (B) by striking subsection (f) and inserting the 
                following:
    ``(f) Purchase of Land by Tribe.--
            ``(1) In general.--Before the Secretary approves an 
        application to terminate the trust status or remove the 
        restrictions on alienation from a parcel of trust or restricted 
        land, the Indian tribe that exercises jurisdiction over such a 
        parcel shall have the opportunity to match any offer contained 
        in such application, or where there is no purchase price 
        offered, to acquire the interest in such land by paying the 
        fair market value of such interest.
            ``(2) Exception for family farms.--Paragraph (1) shall not 
        apply to a parcel of trust or restricted land that is part of a 
        family farm that is conveyed to a member of the landowner's 
        family (as defined in section 206(c)(2)(A)(iv)) if the tribe 
        that exercises jurisdiction over the land is afforded the 
        opportunity to purchase the interest if the interest is offered 
        for sale to an entity that is not a member of the family of the 
        owner of the land. Section 206(c)(2)(A) shall apply with 
        respect to the recording and mortgaging of the trust or 
        restricted land referred to in the preceding sentence.''; and
            (8) in section 219(b)(1)(A) (25 U.S.C. 2219(b)(1)(A)), by 
        striking ``100'' and inserting ``90''.
    (b) Definition.--
            (1) In general.--Section 202(2) of the Indian Land 
        Consolidation Act (25 U.S.C. 2201(2)) is amended--
                    (A) by striking ``means any'' and inserting the 
                following: ``means--
                    ``(A) any'';
                    (B) by striking ``or any person who has been found 
                to meet'' and inserting the following:
                    ``(B) any person who meets''; and
                    (C) by striking ``if the Secretary'' and all that 
                follows through the semicolon and inserting ``, except 
                that the Secretary may promulgate regulations to 
                exclude any definition (except for definitions in laws 
                that are related to land such as agriculture, grazing, 
                housing, Indian schools, economic development, cultural 
                resources, natural resources, and other laws providing 
                for programs with benefits intended to run to Indian 
                landowners and any future land-related programs) if the 
                Secretary determines that the definition is not 
                consistent with the purposes of this Act, or
                    ``(C) with respect to the ownership, devise, or 
                descent of trust or restricted land in the State of 
                California, any person who meets the definition of 
                Indians of California as contained in section 1 of the 
                Act of May 18, 1928 (25 U.S.C. 651), until otherwise 
                provided by Congress pursuant to section 809(b) of 
                Public Law 94-437 (25 U.S.C. 1679(b));''.
            (2) Effective date.--Any exclusion referred to in the 
        amendment made by paragraph (1)(C) shall apply only to those 
        decedents who die after the Secretary of the Interior 
        promulgates the regulation providing for such exclusion.
    (c) Mortgages and Deeds of Trust.--The Act of March 29, 1956 (25 
U.S.C. 483a) is amended in the first sentence of subsection (a) by 
inserting ``(including land owned by any person in passive trust status 
pursuant to section 207A of the Indian Land Consolidation Act)'' after 
``land'' the first place that such appears.
    (d) Issuance of Patents.--Section 5 of the Act of February 8, 1887 
(25 U.S.C. 348) is amended by striking the second proviso and inserting 
the following: ``Provided, That the rules of intestate succession under 
the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.) (including a 
tribal probate code approved under that Act or regulations promulgated 
under that Act) shall apply thereto after those patents have been 
executed and delivered:''.
    (e) Transfers of Restricted Indian Land.--Section 4 of the Act of 
June 18, 1934 (25 U.S.C. 464), is amended in the first proviso by 
striking ``, in accordance with'' and all that follows through the 
colon and inserting ``in accordance with the Indian Land Consolidation 
Act (25 U.S.C. 2201 et seq.) (including a tribal probate code approved 
under that Act or regulations promulgated under that Act):''.

SEC. 9213. EFFECTIVE DATE.

    The amendments made by this subtitle shall not apply to the estate 
of an individual who dies prior to the later of--
            (1) the date that is 1 year after the date of enactment of 
        this Act; or
            (2) the date specified in section 207(g)(5) of the Indian 
        Land Consolidation Act (25 U.S.C. 2206(g)(5)).

      CHAPTER 2--INHERITANCE OF CERTAIN TRUST OR RESTRICTED LANDS

SEC. 9221. INHERITANCE OF CERTAIN TRUST OR RESTRICTED LANDS.

    Section 5 of Public Law 98-513 (98 Stat. 2411) is amended to read 
as follows:
    ``Sec. 5. (a) Notwithstanding any other provision of this Act--
            ``(1) subject to paragraph (2), the owner of an interest in 
        trust or restricted land within the reservation may not devise 
        an interest (including a life estate under section 4) in such 
        land that is less than two and one half acres (or the 
        equivalent thereof) to more than one tribal member;
            ``(2) the owner of an interest in trust or restricted land 
        within the reservation may devise an interest (including a life 
        estate under section 4) in such land that is less than two and 
        one half acres (or the equivalent thereof) to more than one 
        tribal member if each additional tribal member already holds an 
        interest to such land; and
            ``(3) any interest in trust or restricted land within the 
        reservation that is less than two and one half acres (or the 
        equivalent thereof) that--
                    ``(A) would otherwise pass by intestate succession 
                (including a life estate in such land under section 4); 
                or
                    ``(B) is devised to more than one tribal member 
                that is not described in paragraph (2);
        shall escheat to the tribe, to be held in the name of the 
        United States in trust for the tribe.
    ``(b) Not later than 180 days after the date of enactment of the 
Indian Probate Reform Act of 2002, the Secretary shall provide notice 
to owners of trust or restricted lands within the Lake Traverse 
Reservation of the enactment of this section by direct mail, 
publication in the Federal Register, or through local newspapers. After 
providing such notice, the Secretary shall certify that the 
requirements of this subsection have been met and shall publish notice 
of such certification in the Federal Register.
    ``(c) The provisions of this section shall not be enforceable with 
respect to the estate of any person who dies prior to the day that is 
365 days after the Secretary makes the required certification under 
subsection (b).''.

            Subtitle C--Settlement of Certain Foreign Claims

SEC. 9301. SETTLEMENT OF CERTAIN CLAIMS.

    (a) Authorization for Payment.--Subject to subsection (b), the 
Secretary of the Treasury shall pay to the Pottawatomi Nation in 
Canada, notwithstanding any other provision of law, $1,830,000 from 
amounts appropriated under section 1304 of title 31, United States 
Code.
    (b) Payment in Accordance With Stipulation for Recommendation of 
Settlement.--The payment appropriated under subsection (a) shall be 
made in accordance with the terms and conditions of the Stipulation for 
Recommendation of Settlement dated May 22, 2000, entered into between 
the Pottawatomi Nation in Canada and the United States (in this 
subtitle referred to as the ``Stipulation for Recommendation of 
Settlement'') and included in the report of the Chief Judge of the 
United States Court of Federal Claims regarding Congressional Reference 
No. 94-1037X submitted to the Senate on January 4, 2001, pursuant to 
the provisions of sections 1492 and 2509 of title 28, United States 
Code.
    (c) Full Satisfaction of Claims.--The payment made under subsection 
(a) shall be in full satisfaction of all claims of the Pottawatomi 
Nation in Canada against the United States referred to or described in 
the Stipulation for Recommendation of Settlement.
    (d) Nonapplicability.--Notwithstanding any other provision of law, 
the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 
1401 et seq.) shall not apply to the payment appropriated under 
subsection (a).

              Subtitle D--Certification of Rental Proceeds

SEC. 9401. CERTIFICATION OF RENTAL PROCEEDS.

    Notwithstanding any other provision of law, any actual rental 
proceeds from the lease of land acquired under section 1 of Public Law 
91-229 (25 U.S.C. 488) certified by the Secretary of the Interior shall 
be deemed--
            (1) to constitute the rental value of that land; and
            (2) to satisfy the requirement for appraisal of that land.

                     Subtitle E--Tribal Sovereignty

SEC. 9501. TRIBAL SOVEREIGNTY.

    Section 16 of the Act of June 18, 1934 (25 U.S.C. 476), is amended 
by adding at the end the following:
    ``(h) Tribal Sovereignty.--Notwithstanding any other provision of 
this Act--
            ``(1) each Indian tribe shall retain inherent sovereign 
        power to adopt governing documents under procedures other than 
        those specified in this section; and
            ``(2) nothing in this Act invalidates any constitution or 
        other governing document adopted by an Indian tribe after June 
        18, 1934, in accordance with the authority described in 
        paragraph (1).''.

            Passed the Senate November 20, 2002.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                                S. 2711

_______________________________________________________________________

                                 AN ACT

   To reauthorize and improve programs relating to Native Americans.