[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1955 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1955

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 25, 2003

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

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Native American 
Technical Corrections Act of 2004''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
 TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE 
                               AMERICANS

Sec. 101. National Fund for Excellence in American Indian Education.
Sec. 102. Indian Financing Act Amendment.
Sec. 103. Exchanged Indian land.
Sec. 104. Indian tribal justice technical and legal assistance.
Sec. 105. Tribal justice systems.
Sec. 106. Authorization of 99-year leases for the Prairie Band of 
                            Potawatomi.
Sec. 107. Navajo healthcare contracting.
Sec. 108. Crow Tribal Trust Fund.
Sec. 109. Fallon Paiute-Shoshone Tribe Settlement Fund.
Sec. 110. ANCSA amendment.
   TITLE II--COWLITZ INDIAN TRIBE DISTRIBUTION OF JUDGMENT FUNDS ACT

Sec. 201. Cowlitz Indian Tribe Distribution of Judgment Funds Act.
Sec. 202. Definitions.
Sec. 203. Judgment distribution plan.
Sec. 204. Distribution and use of funds.
 TITLE III--ASSINIBOINE AND SIOUX TRIBES OF THE FORT PECK RESERVATION.

Sec. 301. Short title.
Sec. 302. Findings and purpose.
Sec. 303. Definitions.
Sec. 304. Distribution of judgment funds.
Sec. 305. Applicable law.
          TITLE IV--UTU UTU GWAITU PAIUTE INDIAN LAND TRANSFER

Sec. 401. Transfer.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of the 
Interior.

 TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE 
                               AMERICANS

SEC. 101. NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN EDUCATION.

    Title V of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 458bbb) is amended--
            (1) by striking the title heading and inserting the 
        following:

``TITLE V--NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN EDUCATION'';

            (2) in section 501 (25 U.S.C. 458bbb)--
                    (A) by striking the section heading and inserting 
                the following:

``SEC. 501. NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN 
              EDUCATION.'';

                and
                    (B) in subsection (a), by striking ``the American 
                Indian Education Foundation'' and inserting ``a 
                foundation to be known as the `National Fund for 
                Excellence in American Indian Education'''; and
            (3) in section 503(2) (25 U.S.C. 458bbb-2(2)), by striking 
        ``Foundation'' the second place it appears and inserting 
        ``National Fund for Excellence in American Indian Education''.

SEC. 102. INDIAN FINANCING ACT AMENDMENT.

    (a) Loan Guaranties and Insurance.--Section 201 of the Indian 
Financing Act of 1974 (25 U.S.C. 1481) is amended--
            (1) by striking ``the Secretary is authorized (a) to 
        guarantee'' and inserting ``the Secretary may--
            ``(1) guarantee'';
            (2) by striking ``members; and (b) in lieu of such 
        guaranty, to insure'' and inserting ``members; or
            ``(2) to insure'';
            (3) by striking ``Sec. 201. In order'' and inserting the 
        following:

``SEC. 201. LOAN GUARANTIES AND INSURANCE.

    ``(a) In General.--In order''; and
            (4) by adding at the end the following:
    ``(b) Eligible Borrowers.--The Secretary may guarantee or insure 
loans under subsection (a) to both for-profit and nonprofit 
borrowers.''.
    (b) Loan Approval.--Section 204 of the Indian Financing Act of 1974 
(25 U.S.C. 1484) is amended by striking ``Sec. 204.'' and inserting the 
following:

``SEC. 204. LOAN APPROVAL.''.

SEC. 103. EXCHANGED INDIAN LAND.

    Notwithstanding any other provision of law, if--
            (1) any portion of the Indian country (as defined in 
        section 1151 of title 18, United States Code) under the 
        jurisdiction of an Indian tribe was subject to a government 
        taking for a project that received any funding under Public Law 
        85-500;
            (2) the Indian tribe applies for land to be taken into 
        trust by the Federal Government; and
            (3) the Secretary of the Interior accepts the land into 
        trust on behalf of the Indian tribe;
the land shall be deemed for all purposes to have been acquired in 
trust as of the date of the taking.

SEC. 104. INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE.

    Sections 106 and 201(d) of the Indian Tribal Justice Technical and 
Legal Assistance Act (25 U.S.C. 3666, 3681(d)) are amended by striking 
``for fiscal years 2000 through 2004'' and inserting ``for fiscal years 
2004 through 2010''.

SEC. 105. TRIBAL JUSTICE SYSTEMS.

    Subsections (a), (b), (c), and (d) of section 201 of the Indian 
Tribal Justice Act (25 U.S.C. 3621) are amended by striking ``2007'' 
and inserting ``2010''.

SEC. 106. AUTHORIZATION OF 99-YEAR LEASES FOR THE PRAIRIE BAND OF 
              POTAWATOMI.

    (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 Prairie Band 
        Potawatomi Nation Reservation,'' after ``Spanish Grant'),''; 
        and
            (2) by inserting ``lands held in trust for the Prairie Band 
        Potawatomi Nation,'' before ``lands held in trust for the 
        Cherokee Nation of Oklahoma''.
    (b) Effective Date.--The amendments made by subsection (a) apply to 
any lease entered into or renewed on or after the date of enactment of 
this Act.

SEC. 107. NAVAJO HEALTHCARE CONTRACTING.

    Congress authorizes the Navajo Area Office of the Indian Health 
Service to reprogram contract healthcare service dollars for the Navajo 
Health Foundation/Sage Memorial Hospital 638 contract.

SEC. 108. CROW TRIBAL TRUST FUND.

    Section 6(d) of the Crow Boundary Settlement Act of 1994 (25 U.S.C. 
1776d(d)), is amended--
            (1) in the subsection heading, by inserting ``and Capital 
        Gains'' after ``Interest'';
            (2) in paragraph (1), by striking ``Only'' and inserting 
        ``Except as provided in paragraph (4), only''; and
            (3) by adding at the end the following:
            ``(4) Distribution of capital gains.--Notwithstanding 
        subsection (f) or any other provision of law, capital gains and 
        any other noninterest income received on funds in the Crow 
        Tribal Trust Fund shall be available for distribution by the 
        Secretary to the Crow Tribe to the extent that the balance in 
        the Crow Tribal Trust Fund (including capital gains) exceeds 
        $85,000,000, for the same uses and subject to the same 
        restrictions in paragraphs (1) and (3) as are applicable to 
        distributions of interest.''.

SEC. 109. FALLON PAIUTE-SHOSHONE TRIBE SETTLEMENT FUND.

    Section 102 of the Fallon Paiute Shoshone Indian Tribes Water 
Rights Settlement Act of 1990 (104 Stat. 3289) is amended--
            (1) In subsection (C)--
                    (A) in paragraph (1), by striking ``The income of 
                the Fund may be obligated and expended only for the 
                following purposes:'' and inserting the following: 
                ``Notwithstanding any conflicting provision in the 
                original Fund plan developed in consultation with the 
                Secretary under subsection (f), during fiscal year 2004 
                and each subsequent fiscal year, 6 percent of the 
                average quarterly market value of the Fund during the 
                immediately preceding 3 fiscal years (referred to in 
                this title as the `Annual 6 percent Amount') may be 
                expended or obligated only for the purposes specified 
                in subparagraphs (a) through (f) of this section. In 
                addition, during each fiscal year subsequent to Fund 
                fiscal year 2004, any unexpended and unobligated 
                portion of the Annual 6 percent Amount from any of the 
                3 immediately preceding Fund fiscal years subsequent to 
                fiscal year 2003, not including any income that may 
                accrue on that portion may also be expended or 
                obligated only for the following purposes:''; and
                    (B) by striking paragraphs (2) through (4) and 
                inserting the following:
    ``(2) No monies from the Fund other than the amounts authorized in 
subsection (C)(1) may be expended or obligated for any purpose.
    ``(3) Notwithstanding any conflicting provision in the original 
Fund plan, during fiscal year 2004 and each subsequent fiscal year, not 
more than 20 percent of the Annual 6 percent Amount for the fiscal year 
(referred to in this title as the `Annual 1.2 percent Amount') may be 
expended or obligated under subsection (c)(1)(C) for per capita 
distributions to tribal members, provided that during each Fund fiscal 
year subsequent to fiscal year 2004, any unexpended and unobligated 
portion of the Annual 1.2 percent Amount from any of the 3 immediately 
preceding Fund fiscal years subsequent to fiscal year 2003, not 
including any income that may accrue on that portion, may also be 
expended or obligated for such per capita payments.''; and
            (2) in subsection (D), by adding at the end the following: 
        ``Notwithstanding any conflicting provision in the original 
        Fund plan, the Fallon Business Council, in consultation with 
        the Secretary, shall promptly amend the original plan for 
        purposes of conforming the plan to this title and making 
        nonsubstantive updates, improvements, or corrections to the 
        original plan.''.

SEC. 110. ANCSA AMENDMENT.

    All land and interests in land in the State of Alaska conveyed by 
the Federal Government under the Alaska Native Claims Settlement Act 
(43 U.S.C. 1601 et seq.) to a Native Corporation and reconveyed by that 
Native Corporation, or a successor in interest, in exchange for any 
other land or interest in land in the State of Alaska and located 
within the same region (as defined in section 9(a) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1608(a)), to a Native Corporation 
under an exchange or other conveyance, shall be deemed, notwithstanding 
the conveyance or exchange, to have been conveyed pursuant to that Act.

   TITLE II--COWLITZ INDIAN TRIBE DISTRIBUTION OF JUDGMENT FUNDS ACT

SEC. 201. COWLITZ INDIAN TRIBE DISTRIBUTION OF JUDGMENT FUNDS ACT.

    This title shall be known as the ``Cowlitz Indian Tribe 
Distribution of Judgment Funds Act''.

 SEC. 202. DEFINITIONS.

    In this title:
            (1) Current judgment fund.--The term ``current judgment 
        fund'' means the funds awarded by the Indian Claims Commission 
        Docket No. 218 and all interest accrued on the funds as of the 
        date of enactment of this Act.
            (2) Initial interest.--The term ``initial interest'' means 
        the interest on the funds awarded by the Indian Claims 
        Commission Docket No. 218 during the time period from 1 year 
        before the date of enactment of this Act through the date of 
        enactment of this Act.
            (3) Principal.--The term ``principal'' means the funds 
        awarded by the Indian Claims Commission Docket No. 218 and all 
        interest accrued on the funds as of 1 year before the date of 
        enactment of this Act.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Tribe.--The term ``Tribe'' means the Cowlitzq Indian 
        Tribe of Washington, to which the Secretary extended Federal 
        recognition on December 31, 2001, under part 83 of title 25, 
        Code of Federal Regulations.
            (6) Tribal member.--The term ``tribal member'' means an 
        individual who is an enrolled member of the Cowlitz Indian 
        Tribe in accordance with tribal enrollment procedures and 
        requirements.
            (7) Tribal elder.--The term ``tribal elder'' means a tribal 
        member who was 62 years of age or older as of February 14, 
        2000.

 SEC. 203. JUDGMENT DISTRIBUTION PLAN.

    Notwithstanding the Indian Tribal Judgment Funds Use or 
Distribution Act (25 U.S.C. 1401 et seq.), or any plan prepared or 
promulgated by the Secretary under that Act, the judgment funds awarded 
in Indian Claims Commission Docket No. 218 and interest accrued on 
those funds as of the date of enactment of this Act shall be 
distributed and used in accordance with this title.

 SEC. 204. DISTRIBUTION AND USE OF FUNDS.

    (a) Preservation of Principal After Elderly Assistance and Tribal 
Administration Payments.--
            (1) In general.--Except as provided in subsection (b), the 
        principal shall not be distributed under this title.
            (2) Disbursements.--The Secretary shall--
                    (A) maintain undistributed current judgment funds 
                in an interest-bearing account in trust for the Tribe; 
                and
                    (B) disburse principal or interest in accordance 
                with this title not later than 30 days after receipt by 
                the Northwest Regional Director of the Bureau of Indian 
                Affairs of a request by the Cowlitz Tribal Council for 
                a disbursement of funds.
    (b) Elderly Assistance Program.--
            (1) Setaside.--From the current judgment fund, the 
        Secretary shall set aside 20 percent for an elderly assistance 
        payment.
            (2) Payments.--The Secretary shall provide 1 elderly 
        assistance payment to each enrolled tribal elder not later than 
        30 days after all of the following have occurred:
                    (A) List of enrolled members.--The Cowlitz Tribal 
                Council has compiled and reviewed for accuracy a list 
                of all enrolled tribal members that are both a minimum 
                of \1/16\ Cowlitz blood and 62 years of age or older as 
                of February 14, 2000.
                    (B) Verification.--The Secretary has verified the 
                blood quantum and age of the tribal members identified 
                on the list under subparagraph (A).
                    (C) Request for disbursement.--The Cowlitz Tribal 
                Council has made a request for disbursement of judgment 
                funds for the elderly assistance payment.
            (3) Death of tribal elder.--If a tribal elder eligible for 
        an elderly assistance payment dies before receiving payment 
        under this subsection, the funds that would have been paid to 
        the tribal elder shall be added to and distributed in 
        accordance with the emergency assistance program under 
        subsection (c).
            (4) Costs.--The Secretary shall pay all costs of 
        distribution under this subsection out of the amount set aside 
        under paragraph (1).
    (c) Emergency Assistance Program.--
            (1) Setaside.--From the principal, the Secretary shall set 
        aside 10 percent for an emergency assistance program.
            (2) Distribution of interest.--Beginning the second year 
        after the date of enactment of this Act, interest earned on the 
        amount setaside--
                    (A) shall be distributed annually in a lump sum to 
                the Cowlitz Tribal Council; and
                    (B) shall be used to provide emergency assistance 
                for tribal members.
            (3) Availability of interest.--Of the initial interest, 10 
        percent shall be available on the date of enactment of this Act 
        shall be used to fund the program for the first year after the 
        date of enactment of this Act.
    (d) Education, Vocational, and Cultural Training Program.--
            (1) Setaside.--From the principal, the Secretary shall set 
        aside 10 percent for an education, vocational, and cultural 
        training program.
            (2) Distribution of interest.--Beginning the second year 
        after the date of enactment of this Act, interest earned on the 
        amount setaside--
                    (A) shall be distributed annually in a lump sum to 
                the Cowlitz Tribal Council; and
                    (B) shall be used to provide scholarships to tribal 
                members pursuing educational advancement, including 
                cultural and vocational training.
            (3) Availability of interest.--Of the initial interest, 10 
        percent shall be available upon the date of enactment of this 
        Act to fund the program for the first year after the date of 
        enactment of this Act.
    (e) Housing Assistance Program.--
            (1) Setaside.--From the principal, the Secretary shall set 
        aside 5 percent for a housing assistance program.
            (2) Distribution of interest.--Beginning the second year 
        after the date of enactment of this Act, interest earned on the 
        amount set aside--
                    (A) shall be disbursed annually in a lump sum to 
                the Cowlitz Tribal Council; and
                    (B) shall be--
                            (i) used as a supplement to any existing 
                        tribal housing improvements program; or
                            (ii) used in a separate housing assistance 
                        Program established by the Cowlitz Tribal 
                        Council.
            (3) Availability of interest.--Of the initial interest, 5 
        percent shall be available on the date of enactment of this Act 
        to fund the program for the first year after the date of 
        enactment of this Act.
    (f) Economic Development, Tribal, and Cultural Centers.--
            (1) Setaside.--From the principal, the Secretary shall set 
        aside 21.5 percent--
                    (A) for economic development; and
                    (B) if other funding is not available or not 
                adequate (as determined by the Tribe), for the 
                construction and maintenance of tribal and cultural 
                centers.
            (2) Distribution of interest.--Beginning the second year 
        after the date of enactment of this Act, interest earned on the 
        amount set aside--
                    (A) shall be disbursed annually in a lump sum to 
                the Cowlitz Tribal Council; and
                    (B) shall be used for--
                            (i) property acquisition for business or 
                        other activities that are likely to benefit the 
                        Tribe economically or provide employment for 
                        tribal members;
                            (ii) business development for the Tribe, 
                        including collateralization of loans for the 
                        purchase or operation of businesses, matching 
                        funds for economic development grants, joint 
                        venture partnerships, and other similar 
                        ventures that are likely to produce profits for 
                        the Tribe; and
                            (iii) design, construction, maintenance, 
                        and operation of tribal centers and cultural 
                        centers.
            (3) Loan repayment.--The principal and interest of any 
        business loan made under paragraph (2) shall be repaid to the 
        economic development program for reinvestments, and business 
        profits shall be credited to the general fund of the Tribe for 
        uses to be determined by the Cowlitz Tribal Council.
            (4) Availability of interest.-- 21.5 percent of the initial 
        interest available upon the date of enactment of this Act to 
        fund the program for the first year after the date of enactment 
        of this Act.
    (g) Natural Resources.--
            (1) Setaside.--From the principal, the Secretary shall set 
        aside 7.5 percent for natural resources.
            (2) Distribution of interest.--Beginning the second year 
        after the date of enactment of this Act, interest earned on the 
        amount set aside--
                    (A) shall be disbursed annually in a lump sum to 
                the Cowlitz Tribal Council; and
                    (B) may be added to any existing tribal natural 
                resource program to enhance the use and enjoyment by 
                the Tribe of existing and renewable natural resources 
                on tribal land.
            (3) Availability of interest.--7.5 percent of the initial 
        interest shall be available upon the date of enactment of this 
        Act to fund the program for the first year after the date of 
        enactment of this Act.
    (h) Cultural Resources.--
            (1) Setaside.--From the principal, the Secretary shall set 
        aside 4 percent for cultural resources.
            (2) Distribution of interest.--Beginning the second year 
        after the date of enactment of this Act, interest earned on the 
        amount set aside--
                    (A) shall be distributed annually in a lump sum to 
                the Cowlitz Tribal Council; and
                    (B) shall be used to--
                            (i) maintain artifacts;
                            (ii) collect documents; and
                            (iii) archive and identify cultural sites 
                        of tribal significance.
            (3) Availability or interest.--Of the initial interest, 4 
        percent shall be available on the date of enactment of this Act 
        to fund the program for the first year after the date of 
        enactment of this Act.
    (i) Health.--
            (1) Setaside.--From the principal, the Secretary shall set 
        aside 21 percent for health.
            (2) Distribution of interest.--Beginning the second year 
        after the date of enactment of this Act, interest earned on the 
        amount set aside--
                    (A) shall be disbursed annually in a lump sum to 
                the Cowlitz Tribal Council; and
                    (B) shall be used for the health needs of the 
                Tribe.
            (3) Availability of interest.--21 percent of the initial 
        interest shall be available on the date of enactment of this 
        Act to fund the program for the first year after the date of 
        enactment of this Act.
    (j) Tribal Administration Program.--
            (1) Setaside.--From the principal, the Secretary shall set 
        aside 21 percent for tribal administration.
            (2) Distribution of interest.--
                    (A) Initial distribution.--Of the initial interest, 
                21 percent, and of the principal, the difference 
                between 21 percent of the initial interest and 
                $150,000, shall be set aside and immediately disbursed 
                to the Tribe for the purposes of funding tribal 
                administration for the first year after the date of 
                enactment of this Act.
                    (B) Subsequent distribution.--Beginning the second 
                year after the date of enactment of this Act, interest 
                earned on the remaining principal set aside under this 
                subsection shall be disbursed annually in a lump sum to 
                pay the operating costs of the Cowlitz Tribal Council, 
                including travel, telephone, cultural, and other 
                expenses incurred in the conduct of the affairs of the 
                Tribe and legal fees as approved by the Cowlitz Tribal 
                Council.
    (k) General Conditions.--
            (1) In general.--The conditions stated in this subsection 
        apply to the management and use of all funds available under 
        this title by the Cowlitz Tribal Council.
            (2) Administrative costs.--Not more than 10 percent of the 
        interest earned on the principal designated for the program 
        under any subsection, except the programs under subsections (i) 
        and (j), may be used for the administrative costs of the 
        program.
            (3) No service area.--
                    (A) In general.--No service area is implied or 
                imposed under any program under this title.
                    (B) Members outside service area.--If the costs of 
                administering any program under this Act for the 
                benefit of tribal members living outside the Tribe's 
                Indian Health Service area are greater than 10 percent 
                of the interest earned on the principal designated for 
                that program, the Cowlitz Tribal Council may authorize 
                the expenditure of such funds for that program.
            (3) Approval.--Before any expenditures, the Cowlitz Tribal 
        Council shall approve all programs and shall publish in a 
        publication of general circulation regulations that provide 
        standards and priorities for programs under this title.
            (4) Applicability of other law.--Section 7 of the Indian 
        Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1407) 
        shall apply to funds available under this title.
            (5) Appeal.--
                    (A) In general.--Any tribal member who believes 
                that he or she has been unfairly denied the right to 
                take part in any program under this title may appeal to 
                the tribal secretary.
                    (B) Resolution.--The tribal secretary shall bring 
                the appeal to the Cowlitz Tribal Council for 
                resolution.
                    (C) Timely response.--The resolution shall be made 
                in a timely manner, and the tribal secretary shall 
                respond to the tribal member.

  TITLE III--ASSINIBOINE AND SIOUX TRIBES OF THE FORT PECK RESERVATION

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Assiniboine and Sioux Tribes of 
the Fort Peck Reservation Judgment Fund Distribution Act of 2003''.

 SEC. 302. 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 in the United States Claims Court 
        (currently the Court of Federal Claims) in the case of 
        Assiniboine and Sioux Tribes of the Fort Peck Reservation v. 
        United States of America, Docket No. 773-87-L, to recover 
        interest earned on trust funds while those funds were held in 
        special deposit accounts and Indian Moneys-Proceeds of Labor 
        accounts;
            (2) 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 accounts and 
        Indian Moneys-Proceeds of Labor accounts;
            (3) on December 31, 1998, the plaintiffs entered into a 
        settlement with the United States for claims made in the case 
        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 
                the 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) under 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. 303. DEFINITIONS.

    In this title:
            (1) Court.--The term ``Court'' means the Court of Federal 
        Claims.
            (2) Distribution amount.--The term ``distribution amount'' 
        means the amount referred to in section 302(6)(B).
            (3) Judgment amount.--The term ``judgment amount'' means 
        the amount referred to in section 302(5).
            (4) Principal indebtedness.--The term ``principal 
        indebtedness'' means the amount referred to in section 
        302(3)(A).
            (5) Tribe.--The term ``Tribe'' means the Assiniboine and 
        Sioux Tribes of the Fort Peck Reservation.

 SEC. 304. 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.), 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 302(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. 305. APPLICABLE LAW.

    Except as provided in section 304(a), all funds distributed under 
this title are subject to sections 7 and 8 of the Indian Tribal 
Judgment Funds Use or Distribution Act (25 U.S.C. 1407, 1408).

          TITLE IV--UTU UTU GWAITU PAIUTE INDIAN LAND TRANSFER

SEC. 401. TRANSFER.

    Section 902(b) of the California Indian Land Transfer Act (114 
Stat. 2921) is amended--
            (1) by striking ``3,525.8'' and inserting ``3,765.8''; and
            (2) by adding at the end the following:
            ``(9) Utu utu gwaitu paiute tribe.--Lands to be held in 
        trust for the Utu Utu Gwaitu Paiute Tribe, Benton Paiute 
        Reservation are comprised of approximately 240 acres described 
        as follows:
                            ``Mount Diablo Base and Meridian

                   ``Township 2 South, Range 31 East

    ``Section 11:
            ``SE\1/2\ and E\1/2\ of SW\1/4\.''.
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