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






                                                       Calendar No. 529
108th CONGRESS
  2d Session
                                S. 1955

                          [Report No. 108-273]

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

                              May 20, 2004

              Reported by Mr. Campbell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

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

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

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

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

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

<DELETED>Sec. 401. Transfer.

<DELETED>SEC. 2. DEFINITION OF SECRETARY.</DELETED>

<DELETED>    In this Act, the term ``Secretary'' means the Secretary of 
the Interior.</DELETED>

<DELETED>TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO 
                       NATIVE AMERICANS</DELETED>

<DELETED>SEC. 101. NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN 
              EDUCATION.</DELETED>

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

  <DELETED>``TITLE V--NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN 
                         EDUCATION'';</DELETED>

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

<DELETED>``SEC. 501. NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN 
              EDUCATION.'';</DELETED>

                <DELETED>and</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (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''.</DELETED>

<DELETED>SEC. 102. INDIAN FINANCING ACT AMENDMENT.</DELETED>

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

<DELETED>``SEC. 201. LOAN GUARANTIES AND INSURANCE.</DELETED>

<DELETED>    ``(a) In General.--In order''; and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
<DELETED>    ``(b) Eligible Borrowers.--The Secretary may guarantee or 
insure loans under subsection (a) to both for-profit and nonprofit 
borrowers.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``SEC. 204. LOAN APPROVAL.''.</DELETED>

<DELETED>SEC. 103. EXCHANGED INDIAN LAND.</DELETED>

<DELETED>    Notwithstanding any other provision of law, if--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) the Indian tribe applies for land to be taken 
        into trust by the Federal Government; and</DELETED>
        <DELETED>    (3) the Secretary of the Interior accepts the land 
        into trust on behalf of the Indian tribe;</DELETED>
<DELETED>the land shall be deemed for all purposes to have been 
acquired in trust as of the date of the taking.</DELETED>

<DELETED>SEC. 104. INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL 
              ASSISTANCE.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 105. TRIBAL JUSTICE SYSTEMS.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 106. AUTHORIZATION OF 99-YEAR LEASES FOR THE PRAIRIE BAND 
              OF POTAWATOMI.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) by inserting ``the reservation of the Prairie 
        Band Potawatomi Nation Reservation,'' after ``Spanish 
        Grant'),''; and</DELETED>
        <DELETED>    (2) by inserting ``lands held in trust for the 
        Prairie Band Potawatomi Nation,'' before ``lands held in trust 
        for the Cherokee Nation of Oklahoma''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 107. NAVAJO HEALTHCARE CONTRACTING.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 108. CROW TRIBAL TRUST FUND.</DELETED>

<DELETED>    Section 6(d) of the Crow Boundary Settlement Act of 1994 
(25 U.S.C. 1776d(d)), is amended--</DELETED>
        <DELETED>    (1) in the subsection heading, by inserting ``and 
        Capital Gains'' after ``Interest'';</DELETED>
        <DELETED>    (2) in paragraph (1), by striking ``Only'' and 
        inserting ``Except as provided in paragraph (4), only''; 
        and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 109. FALLON PAIUTE-SHOSHONE TRIBE SETTLEMENT 
              FUND.</DELETED>

<DELETED>    Section 102 of the Fallon Paiute Shoshone Indian Tribes 
Water Rights Settlement Act of 1990 (104 Stat. 3289) is amended--
</DELETED>
        <DELETED>    (1) In subsection (C)--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) by striking paragraphs (2) through (4) 
                and inserting the following:</DELETED>
<DELETED>    ``(2) No monies from the Fund other than the amounts 
authorized in subsection (C)(1) may be expended or obligated for any 
purpose.</DELETED>
<DELETED>    ``(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</DELETED>
        <DELETED>    (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.''.</DELETED>

<DELETED>SEC. 110. ANCSA AMENDMENT.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>TITLE II--COWLITZ INDIAN TRIBE DISTRIBUTION OF JUDGMENT FUNDS 
                             ACT</DELETED>

<DELETED>SEC. 201. COWLITZ INDIAN TRIBE DISTRIBUTION OF JUDGMENT FUNDS 
              ACT.</DELETED>

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

<DELETED> SEC. 202. DEFINITIONS.</DELETED>

<DELETED>    In this title:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (7) Tribal elder.--The term ``tribal elder'' means 
        a tribal member who was 62 years of age or older as of February 
        14, 2000.</DELETED>

<DELETED> SEC. 203. JUDGMENT DISTRIBUTION PLAN.</DELETED>

<DELETED>    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.</DELETED>

<DELETED> SEC. 204. DISTRIBUTION AND USE OF FUNDS.</DELETED>

<DELETED>    (a) Preservation of Principal After Elderly Assistance and 
Tribal Administration Payments.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in subsection 
        (b), the principal shall not be distributed under this 
        title.</DELETED>
        <DELETED>    (2) Disbursements.--The Secretary shall--
        </DELETED>
                <DELETED>    (A) maintain undistributed current 
                judgment funds in an interest-bearing account in trust 
                for the Tribe; and</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (b) Elderly Assistance Program.--</DELETED>
        <DELETED>    (1) Setaside.--From the current judgment fund, the 
        Secretary shall set aside 20 percent for an elderly assistance 
        payment.</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (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 </DELETED>\<DELETED>1/16</DELETED>\ 
                <DELETED>Cowlitz blood and 62 years of age or older as 
                of February 14, 2000.</DELETED>
                <DELETED>    (B) Verification.--The Secretary has 
                verified the blood quantum and age of the tribal 
                members identified on the list under subparagraph 
                (A).</DELETED>
                <DELETED>    (C) Request for disbursement.--The Cowlitz 
                Tribal Council has made a request for disbursement of 
                judgment funds for the elderly assistance 
                payment.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (4) Costs.--The Secretary shall pay all costs of 
        distribution under this subsection out of the amount set aside 
        under paragraph (1).</DELETED>
<DELETED>    (c) Emergency Assistance Program.--</DELETED>
        <DELETED>    (1) Setaside.--From the principal, the Secretary 
        shall set aside 10 percent for an emergency assistance 
        program.</DELETED>
        <DELETED>    (2) Distribution of interest.--Beginning the 
        second year after the date of enactment of this Act, interest 
        earned on the amount setaside--</DELETED>
                <DELETED>    (A) shall be distributed annually in a 
                lump sum to the Cowlitz Tribal Council; and</DELETED>
                <DELETED>    (B) shall be used to provide emergency 
                assistance for tribal members.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Education, Vocational, and Cultural Training 
Program.--</DELETED>
        <DELETED>    (1) Setaside.--From the principal, the Secretary 
        shall set aside 10 percent for an education, vocational, and 
        cultural training program.</DELETED>
        <DELETED>    (2) Distribution of interest.--Beginning the 
        second year after the date of enactment of this Act, interest 
        earned on the amount setaside--</DELETED>
                <DELETED>    (A) shall be distributed annually in a 
                lump sum to the Cowlitz Tribal Council; and</DELETED>
                <DELETED>    (B) shall be used to provide scholarships 
                to tribal members pursuing educational advancement, 
                including cultural and vocational training.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (e) Housing Assistance Program.--</DELETED>
        <DELETED>    (1) Setaside.--From the principal, the Secretary 
        shall set aside 5 percent for a housing assistance 
        program.</DELETED>
        <DELETED>    (2) Distribution of interest.--Beginning the 
        second year after the date of enactment of this Act, interest 
        earned on the amount set aside--</DELETED>
                <DELETED>    (A) shall be disbursed annually in a lump 
                sum to the Cowlitz Tribal Council; and</DELETED>
                <DELETED>    (B) shall be--</DELETED>
                        <DELETED>    (i) used as a supplement to any 
                        existing tribal housing improvements program; 
                        or</DELETED>
                        <DELETED>    (ii) used in a separate housing 
                        assistance Program established by the Cowlitz 
                        Tribal Council.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (f) Economic Development, Tribal, and Cultural Centers.--
</DELETED>
        <DELETED>    (1) Setaside.--From the principal, the Secretary 
        shall set aside 21.5 percent--</DELETED>
                <DELETED>    (A) for economic development; 
                and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Distribution of interest.--Beginning the 
        second year after the date of enactment of this Act, interest 
        earned on the amount set aside--</DELETED>
                <DELETED>    (A) shall be disbursed annually in a lump 
                sum to the Cowlitz Tribal Council; and</DELETED>
                <DELETED>    (B) shall be used for--</DELETED>
                        <DELETED>    (i) property acquisition for 
                        business or other activities that are likely to 
                        benefit the Tribe economically or provide 
                        employment for tribal members;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (iii) design, construction, 
                        maintenance, and operation of tribal centers 
                        and cultural centers.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (g) Natural Resources.--</DELETED>
        <DELETED>    (1) Setaside.--From the principal, the Secretary 
        shall set aside 7.5 percent for natural resources.</DELETED>
        <DELETED>    (2) Distribution of interest.--Beginning the 
        second year after the date of enactment of this Act, interest 
        earned on the amount set aside--</DELETED>
                <DELETED>    (A) shall be disbursed annually in a lump 
                sum to the Cowlitz Tribal Council; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (h) Cultural Resources.--</DELETED>
        <DELETED>    (1) Setaside.--From the principal, the Secretary 
        shall set aside 4 percent for cultural resources.</DELETED>
        <DELETED>    (2) Distribution of interest.--Beginning the 
        second year after the date of enactment of this Act, interest 
        earned on the amount set aside--</DELETED>
                <DELETED>    (A) shall be distributed annually in a 
                lump sum to the Cowlitz Tribal Council; and</DELETED>
                <DELETED>    (B) shall be used to--</DELETED>
                        <DELETED>    (i) maintain artifacts;</DELETED>
                        <DELETED>    (ii) collect documents; 
                        and</DELETED>
                        <DELETED>    (iii) archive and identify 
                        cultural sites of tribal 
                        significance.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (i) Health.--</DELETED>
        <DELETED>    (1) Setaside.--From the principal, the Secretary 
        shall set aside 21 percent for health.</DELETED>
        <DELETED>    (2) Distribution of interest.--Beginning the 
        second year after the date of enactment of this Act, interest 
        earned on the amount set aside--</DELETED>
                <DELETED>    (A) shall be disbursed annually in a lump 
                sum to the Cowlitz Tribal Council; and</DELETED>
                <DELETED>    (B) shall be used for the health needs of 
                the Tribe.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (j) Tribal Administration Program.--</DELETED>
        <DELETED>    (1) Setaside.--From the principal, the Secretary 
        shall set aside 21 percent for tribal administration.</DELETED>
        <DELETED>    (2) Distribution of interest.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (k) General Conditions.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) No service area.--</DELETED>
                <DELETED>    (A) In general.--No service area is 
                implied or imposed under any program under this 
                title.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Appeal.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Resolution.--The tribal secretary 
                shall bring the appeal to the Cowlitz Tribal Council 
                for resolution.</DELETED>
                <DELETED>    (C) Timely response.--The resolution shall 
                be made in a timely manner, and the tribal secretary 
                shall respond to the tribal member.</DELETED>

   <DELETED>TITLE III--ASSINIBOINE AND SIOUX TRIBES OF THE FORT PECK 
                         RESERVATION</DELETED>

<DELETED>SEC. 301. SHORT TITLE.</DELETED>

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

<DELETED> SEC. 302. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) $2,749,354.41, representing--
                </DELETED>
                        <DELETED>    (i) interest on the principal 
                        indebtedness for the period from August 13, 
                        1946, through July 31, 1998; plus</DELETED>
                        <DELETED>    (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</DELETED>
                <DELETED>    (C) $350,000, representing the litigation 
                costs and attorney's fees that the Tribe incurred to 
                prosecute the claims;</DELETED>
        <DELETED>    (4) the terms of the settlement were approved by 
        the Court on January 8, 1999, and judgment was entered on 
        January 12, 1999;</DELETED>
        <DELETED>    (5) on March 18, 1999, $4,522,551.84 was 
        transferred to the Department of the Interior;</DELETED>
        <DELETED>    (6) that judgment amount was deposited in an 
        escrow account established to provide--</DELETED>
                <DELETED>    (A) $350,000 for the payment of attorney's 
                fees and expenses; and</DELETED>
                <DELETED>    (B) $4,172,551.84 for pending Court-
                ordered distribution to the Tribe and individual Indian 
                trust beneficiaries;</DELETED>
        <DELETED>    (7) on January 31, 2001, the Court approved a 
        joint stipulation that established procedures for--</DELETED>
                <DELETED>    (A) identification of the class of 
                individual Indians having an interest in the 
                judgment;</DELETED>
                <DELETED>    (B) notice to and certification of that 
                class; and</DELETED>
                <DELETED>    (C) the distribution of the judgment 
                amount to the Tribe and affected class of individual 
                Indians;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (B) that transferred amount represents--</DELETED>
                <DELETED>    (i) 54.2 percent of the Tribe's estimated 
                26-percent share of the amount referred to in paragraph 
                (6)(B); plus</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (9) under the Court-approved stipulation--
        </DELETED>
                <DELETED>    (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.);</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) those additional payments would 
                include--</DELETED>
                        <DELETED>    (i) the balance of the share of 
                        the Tribe of the distribution amount and 
                        investment income earned on the distribution 
                        amount;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (iii) the portion of the 
                        distribution amount that represents shares 
                        attributable to individual Indians that--
                        </DELETED>
                                <DELETED>    (I) cannot be located for 
                                purposes of accepting payment; 
                                and</DELETED>
                                <DELETED>    (II) will not be bound by 
                                the judgment in the case referred to in 
                                paragraph (1); and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED> SEC. 303. DEFINITIONS.</DELETED>

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

<DELETED> SEC. 304. DISTRIBUTION OF JUDGMENT FUNDS.</DELETED>

<DELETED>    (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)--</DELETED>
        <DELETED>    (1) shall be made available for tribal health, 
        education, housing, and social services programs of the Tribe, 
        including--</DELETED>
                <DELETED>    (A) educational and youth 
                programs;</DELETED>
                <DELETED>    (B) programs for improvement of facilities 
                and housing;</DELETED>
                <DELETED>    (C) programs to provide equipment for 
                public utilities;</DELETED>
                <DELETED>    (D) programs to provide medical assistance 
                or dental, optical, or convalescent equipment; 
                and</DELETED>
                <DELETED>    (E) programs to provide senior citizen and 
                community services; and</DELETED>
        <DELETED>    (2) shall not be available for per capita 
        distribution to any member of the Tribe.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED> SEC. 305. APPLICABLE LAW.</DELETED>

<DELETED>    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).</DELETED>

<DELETED>TITLE IV--UTU UTU GWAITU PAIUTE INDIAN LAND TRANSFER</DELETED>

<DELETED>SEC. 401. TRANSFER.</DELETED>

<DELETED>    Section 902(b) of the California Indian Land Transfer Act 
(114 Stat. 2921) is amended--</DELETED>
        <DELETED>    (1) by striking ``3,525.8'' and inserting 
        ``3,765.8''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(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:</DELETED>
                        <DELETED>    ``Mount Diablo Base and 
                        Meridian</DELETED>

          <DELETED>``Township 2 South, Range 31 East</DELETED>

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

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 Amendments.
Sec. 103. Indian tribal justice technical and legal assistance.
Sec. 104. Tribal justice systems.
Sec. 105. Crow Tribal Trust Fund.
Sec. 106. Fallon Paiute-Shoshone Tribe Settlement Fund.
Sec. 107. ANCSA amendment.
Sec. 108. Native Hawaiian cultural activities.

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

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Definitions.
Sec. 204. Distribution of judgment funds.
Sec. 205. Applicable law.

                     TITLE III--INDIAN LAND LEASING

Sec. 301. Authorization of 99-year leases.
Sec. 302. Certification of rental proceeds.
Sec. 303. Montana Indian Tribes; agreement with Dry Prairie Rural Water 
                            Association, Incorporated.
Sec. 304. Authorization of leases of restricted land for terms of 99 
                            years.

                  TITLE IV--NAVAJO HEALTH CONTRACTING

Sec. 401. Navajo health contracting.

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 AMENDMENTS.

    (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.''.

    (c) Loans Ineligible for Guaranty or Insurance.--Section 206 of the 
Indian Financing Act of 1974 (25 U.S.C. 1486) is amended by inserting 
``(not including an eligible Native American owned or operated 
Community Development Finance Institution)'' after ``Government''.
    (d) Aggregate Loans or Surety Bonds Limitation.--Section 217(b) of 
the Indian Financing Act of 1974 (25 U.S.C. 1497(b)) is amended by 
striking ``$500,000,000'' and inserting ``$1,500,000,000''.

SEC. 103. 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. 104. 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. 105. 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. 106. FALLON PAIUTE-SHOSHONE TRIBE SETTLEMENT FUND.

    (a) 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)--
                            (i) 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 during Fund 
                        fiscal year 2004 and during each subsequent 
                        Fund fiscal year, 6 percent of the average 
                        quarterly market value of the Fund during the 
                        immediately preceding 3 Fund fiscal years 
                        (referred to in this title as the `Annual 6 
                        percent Amount'), plus any unexpended and 
                        unobligated portion of the Annual 6 percent 
                        Amount from any of the 3 immediately preceding 
                        Fund fiscal years that are subsequent to Fund 
                        fiscal year 2003, less any negative income that 
                        may accrue on that portion, may be expended or 
                        obligated only for the following purposes:''; 
                        and
                            (ii) by adding at the end the following:
    ``(g) Fees and expenses incurred in connection with the investment 
of the Fund, for investment management, investment consulting, 
custodianship, and other transactional services or matters.''; and
                    (B) by striking paragraph (4) and inserting the 
                following:
            ``(4) No monies from the Fund other than the amounts 
        authorized under paragraphs (1) and (3) may be expended or 
        obligated for any purpose.
            ``(5) Notwithstanding any conflicting provision in the 
        original Fund plan, during Fund fiscal year 2004 and during 
        each subsequent Fund fiscal year, not more than 20 percent of 
        the Annual 6 percent Amount for the Fund fiscal year (referred 
        to in this title as the `Annual 1.2 percent Amount') may be 
        expended or obligated under paragraph (1)(c) for per capita 
        distributions to tribal members, except that during each Fund 
        fiscal year subsequent to Fund 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 that are 
        subsequent to Fund fiscal year 2003, less any negative 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 Fund plan for 
        purposes of conforming the Fund plan to this title and making 
        nonsubstantive updates, improvements, or corrections to the 
        original Fund plan.''.
    (b) Definitions.--Section 107 of the Fallon Paiute Shoshone Indian 
Tribes Water Rights Settlement Act of 1990 (104 Stat. 3293) is 
amended--
            (1) by redesignating subsections (D), (E), (F), and (G) as 
        subsections (F), (G), (H), and (I), respectively; and
            (2) by striking subsections (B) and (C) and inserting the 
        following:
            ``(B) the term `Fund fiscal year' means a fiscal year of 
        the Fund (as defined in the Fund plan);
            ``(C) the term `Fund plan' means the plan established under 
        section 102(F), including the original Fund plan (the `Plan for 
        Investment, Management, Administration and Expenditure dated 
        December 20, 1991') and all amendments of the Fund plan under 
        subsection (D) or (F)(1) of section 102;
            ``(D) the term `income' means the total net return from the 
        investment of the Fund, consisting of all interest, dividends, 
        realized and unrealized gains and losses, and other earnings, 
        less all related fees and expenses incurred for investment 
        management, investment consulting, custodianship and 
        transactional services or matters;
            ``(E) the term `principal' means the total amount 
        appropriated to the Fallon Paiute Shoshone Tribal Settlement 
        Fund under section 102(B);''.

SEC. 107. 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.

SEC. 108. NATIVE HAWAIIAN CULTURAL ACTIVITIES.

    Section 7205(a)(3) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7515(a)(3)) is amended--
            (1) by redesignating subparagraphs (K) and (L) as 
        subparagraphs (L) and (M), respectively; and
            (2) inserting after subparagraph (J) the following:
                    ``(K) research and educational activities relating 
                to Native Hawaiian culture, history, and law.''.

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

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Assiniboine and Sioux Tribes of 
the Fort Peck Reservation Judgment Fund Distribution Act of 2004''.

SEC. 202. 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. 203. 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 202(6)(B).
            (3) Judgment amount.--The term ``judgment amount'' means 
        the amount referred to in section 202(5).
            (4) Principal indebtedness.--The term ``principal 
        indebtedness'' means the amount referred to in section 
        202(3)(A).
            (5) Tribe.--The term ``Tribe'' means the Assiniboine and 
        Sioux Tribes of the Fort Peck Reservation.

SEC. 204. 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 202(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. 205. APPLICABLE LAW.

    Except as provided in section 204(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 III--INDIAN LAND LEASING

SEC. 301. AUTHORIZATION OF 99-YEAR LEASES.

    (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'';
            (3) by inserting ``the Muckleshoot Indian Reservation and 
        land held in trust for the Muckleshoot Indian Tribe,'' after 
        ``the Cabazon Indian reservation,'';
            (4) by striking ``Washington,,'' and inserting 
        ``Washington,'';
            (5) by inserting ``lands held in trust for the Prairie Band 
        Potawatomi Nation,'' before ``lands held in trust for the 
        Cherokee Nation of Oklahoma'';
            (6) by inserting ``lands held in trust for the Fallon 
        Paiute Shoshone Tribes,'' before ``lands held in trust for the 
        Pueblo of Santa Clara''; and
            (7) by inserting ``land held in trust for the Yurok Tribe, 
        land held in trust for the Hopland Band of Pomo Indians of the 
        Hopland Rancheria,'' after ``Pueblo of Santa Clara,''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to any lease entered into or renewed after the date of enactment 
of this Act.

SEC. 302. 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.

SEC. 303. MONTANA INDIAN TRIBES; 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), in accordance with 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.

SEC. 304. AUTHORIZATION OF LEASES OF RESTRICTED LAND FOR TERMS OF 99 
              YEARS.

    The first section of the Act of August 9, 1955 (25 U.S.C. 415), is 
amended by adding at the end the following:
    ``(h) Authorization of Leases of Tribally Owned Restricted Land for 
Terms of 99 Years.--
            ``(1) In general.--Notwithstanding subsection (a), any 
        restricted Indian land that is owned by an Indian tribe may be 
        leased by the tribal owner, with the approval of the Secretary 
        of the Interior, for a term of not longer than 99 years, for--
                    ``(A) public, religious, educational, recreational, 
                residential, or business purposes; and
                    ``(B) any other purpose stated in subsection (a), 
                unless the Secretary determines that the principal 
                purpose of the lease is for--
                            ``(i) exploration, development, or 
                        extraction of a mineral resource; or
                            ``(ii) storage of materials listed as 
                        hazardous waste (as defined under the 
                        Comprehensive Environmental Response, 
                        Compensation, and Liability Act (42 U.S.C. 
                        9601)).
            ``(2) Approval by the secretary.--
                    ``(A) Timing.--The Secretary shall approve or 
                disapprove a lease described in subsection (a) or an 
                amendment to such a lease not later than the date that 
                is 180 days after the date on which an application for 
                approval of the lease or lease amendment is submitted 
                to the Secretary.
                    ``(B) Failure to act.--If the Secretary fails to 
                take action on an application for approval of a lease 
                or lease amendment by the date specified in 
                subparagraph (A), the Secretary shall be deemed to have 
                approved the lease.''.

                  TITLE IV--NAVAJO HEALTH CONTRACTING

SEC. 401. NAVAJO HEALTH CONTRACTING.

    The Navajo Health Foundation/Sage Memorial Hospital in Ganado, 
Arizona, shall be considered to be a tribal contractor under the Indian 
Self-Determination and Education Assistance Act for the purposes of 
section 102(d) and subsections (k) and (o) of section 105 of that Act 
(25 U.S.C. 450f(d), 450j) provided that the Hospital remains the 
authorized tribal organization (as defined in section 4 of that Act (25 
U.S.C. 450b)) of the Navajo Nation.




                                                       Calendar No. 529

108th CONGRESS

  2d Session

                                S. 1955

                          [Report No. 108-273]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              May 20, 2004

                       Reported with an amendment