[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 523 Reported in House (RH)]
Union Calendar No. 235
108th CONGRESS
2d Session
S. 523
[Report No. 108-374, Part I]
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 3, 2003
Referred to the Committee on Resources
November 17, 2003
Reported and referred to the Committee on Agriculture for a period
ending not later than November 21, 2003, for consideration of such
provisions of the bill as fall within the jurisdiction of that
committee pursuant to clause 1(a), rule X
November 21, 2003
Referral to the Committee on Agriculture extended for a period ending
not later than January 31, 2004
January 31, 2004
Committee on Agriculture discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
_______________________________________________________________________
AN ACT
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 2003''.
(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
Subtitle A--Technical Amendments
Sec. 101. Bosque Redondo Memorial Act.
Sec. 102. Navajo-Hopi Land Settlement Act.
Sec. 103. Tribal sovereignty.
Sec. 104. Cow Creek Band of Umpqua Indians.
Sec. 105. Pueblo de Cochiti; modification of settlement.
Sec. 106. Four Corners Interpretive Center.
Sec. 107. Mississippi Band of Choctaw Indians.
Sec. 108. Rehabilitation of Celilo Indian Village.
Subtitle B--Other Provisions Relating to Native Americans
Sec. 121. Barona Band of Mission Indians; facilitation of construction
of pipeline to provide water for emergency
fire suppression and other purposes.
Sec. 122. Conveyance of Native Alaskan objects.
Sec. 123. Pueblo of Acoma; land and mineral consolidation.
Sec. 124. Quinault Indian Nation; water feasibility study.
Sec. 125. Santee Sioux Tribe; study and report.
Sec. 126. Shakopee Mdewakanton Sioux Community.
Sec. 127. Agua Caliente Band of Cahuilla Indians.
Sec. 128. Saginaw Chippewa Tribal College.
Sec. 129. Ute Indian Tribe; oil shale reserve.
TITLE II--PUEBLO OF SANTA CLARA AND PUEBLO OF SAN ILDEFONSO
Sec. 201. Definitions.
Sec. 202. Trust for the Pueblo of Santa Clara, New Mexico.
Sec. 203. Trust for the Pueblo of San Ildefonso, New Mexico.
Sec. 204. Survey and legal descriptions.
Sec. 205. Administration of trust land.
Sec. 206. Effect.
Sec. 207. Gaming.
TITLE III--DISTRIBUTION OF QUINAULT PERMANENT FISHERIES FUNDS
Sec. 301. Distribution of judgment funds.
Sec. 302. Conditions for distribution.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, except as otherwise provided in this Act, the term
``Secretary'' means the Secretary of the Interior.
TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE
AMERICANS
Subtitle A--Technical Amendments
SEC. 101. BOSQUE REDONDO MEMORIAL ACT.
Section 206 of the Bosque Redondo Memorial Act (16 U.S.C. 431 note;
Public Law 106-511) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``2000'' and
inserting ``2004''; and
(B) in paragraph (2), by striking ``2001 and 2002''
and inserting ``2005 and 2006''; and
(2) in subsection (b), by striking ``2002'' and inserting
``2007,''.
SEC. 102. NAVAJO-HOPI LAND SETTLEMENT ACT.
Section 25(a)(8) of Public Law 93-531 (commonly known as the
``Navajo-Hopi Land Settlement Act of 1974'') (25 U.S.C. 640d-24(a)(8))
is amended by striking ``annually for fiscal years 1995, 1996, 1997,
1998, 1999, and 2000'' and inserting ``for each of fiscal years 2003
through 2008''.
SEC. 103. TRIBAL SOVEREIGNTY.
Section 16 of the Act of June 18, 1934 (25 U.S.C. 476), is amended
by adding at the end the following:
``(h) Tribal Sovereignty.--Notwithstanding any other provision of
this Act--
``(1) each Indian tribe shall retain inherent sovereign
power to adopt governing documents under procedures other than
those specified in this section; and
``(2) nothing in this Act invalidates any constitution or
other governing document adopted by an Indian tribe after June
18, 1934, in accordance with the authority described in
paragraph (1).''.
SEC. 104. COW CREEK BAND OF UMPQUA INDIANS.
Section 7 of the Cow Creek Band of Umpqua Tribe of Indians
Recognition Act (25 U.S.C. 712e) is amended in the third sentence by
inserting before the period at the end the following: ``, and shall be
treated as on-reservation land for the purpose of processing
acquisitions of real property into trust''.
SEC. 105. PUEBLO DE COCHITI; MODIFICATION OF SETTLEMENT.
Section 1 of Public Law 102-358 (106 Stat. 960) is amended--
(1) by striking ``implement the settlement'' and inserting
the following: ``implement--
``(1) the settlement;'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(2) the modifications regarding the use of the settlement
funds as described in the agreement known as the `First
Amendment to Operation and Maintenance Agreement for
Implementation of Cochiti Wetlands Solution', executed--
``(A) on October 22, 2001, by the Army Corps of
Engineers;
``(B) on October 25, 2001, by the Pueblo de Cochiti
of New Mexico; and
``(C) on November 8, 2001, by the Secretary of the
Interior.''.
SEC. 106. FOUR CORNERS INTERPRETIVE CENTER.
Section 7 of the Four Corners Interpretive Center Act (113 Stat.
1706) is amended--
(1) in subsection (a)(2), by striking ``2005'' and
inserting ``2008'';
(2) in subsection (b), by striking ``2002'' and inserting
``2005''; and
(3) in subsection (c), by striking ``2001'' and inserting
``2004''.
SEC. 107. MISSISSIPPI BAND OF CHOCTAW INDIANS.
Section 1(a)(2) of Public Law 106-228 (114 Stat. 462) is amended by
striking ``report entitled'' and all that follows through ``is hereby
declared'' and inserting the following: ``report entitled `Report of
May 17, 2002, Clarifying and Correcting Legal Descriptions or Recording
Information for Certain Lands placed into Trust and Reservation Status
for the Mississippi Band of Choctaw Indians by Section 1(a)(2) of Pub.
L. 106-228, as amended by Title VIII, Section 811 of Pub. L. 106-568',
on file in the Office of the Superintendent, Choctaw Agency, Bureau of
Indian Affairs, Department of the Interior, is declared''.
SEC. 108. REHABILITATION OF CELILO INDIAN VILLAGE.
Section 401(b)(3) of Public Law 100-581 (102 Stat. 2944) is amended
by inserting ``and Celilo Village'' after ``existing sites''.
Subtitle B--Other Provisions Relating to Native Americans
SEC. 121. BARONA BAND OF MISSION INDIANS; FACILITATION OF CONSTRUCTION
OF PIPELINE TO PROVIDE WATER FOR EMERGENCY FIRE
SUPPRESSION AND OTHER PURPOSES.
(a) In General.--Notwithstanding any other provision of law,
subject to valid existing rights under Federal and State law, and to
any easements or similar restrictions which may be granted to the city
of San Diego, California, for the construction, operation and
maintenance of a pipeline and related appurtenances and facilities for
conveying water from the San Vicente Reservoir to the Barona Indian
Reservation, or for conservation, wildlife or habitat protection, or
related purposes, the land described in subsection (b), fee title to
which is held by the Barona Band of Mission Indians of California
(referred to in this section as the ``Band'')--
(1) is declared to be held in trust by the United States
for the benefit of the Band; and
(2) shall be considered to be a portion of the reservation
of the Band.
(b) Land.--The land referred to in subsection (a) is land
comprising approximately 85 acres in San Diego County, California, and
described more particularly as follows: San Bernardino Base and
Meridian; T. 14 S., R. 1 E.; sec. 21: W\1/2\ SE\1/4\, 68 acres; NW\1/4\
NW\1/4\, 17 acres.
(c) Gaming.--The land taken into trust by subsection (a) shall
neither be considered to have been taken into trust for gaming, nor be
used for gaming (as that term is used in the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.)).
SEC. 122. CONVEYANCE OF NATIVE ALASKAN OBJECTS.
Notwithstanding any provision of law affecting the disposal of
Federal property, on the request of the Chugach Alaska Corporation or
Sealaska Corporation, the Secretary of Agriculture shall convey to
whichever of those corporations that has received title to a cemetery
site or historical place on National Forest System land conveyed under
section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C.
1613(h)(1)) all artifacts, physical remains, and copies of any
available field records that--
(1)(A) are in the possession of the Secretary of
Agriculture; and
(B) have been collected from the cemetery site or
historical place; but
(2) are not required to be conveyed in accordance with the
Native American Graves Protection and Repatriation Act (25
U.S.C. 3001 et seq.) or any other applicable law.
SEC. 123. PUEBLO OF ACOMA; LAND AND MINERAL CONSOLIDATION.
(a) Definition of Bidding or Royalty Credit.--The term ``bidding or
royalty credit'' means a legal instrument or other written
documentation, or an entry in an account managed by the Secretary, that
may be used in lieu of any other monetary payment for--
(1) a bonus bid for a lease sale on the outer Continental
Shelf; or
(2) a royalty due on oil or gas production;
for any lease located on the outer Continental Shelf outside
the zone defined and governed by section 8(g)(2) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(g)(2)).
(b) Authority.--Notwithstanding any other provision of law, the
Secretary may acquire any nontribal interest in or to land (including
an interest in mineral or other surface or subsurface rights) within
the boundaries of the Acoma Indian Reservation for the purpose of
carrying out Public Law 107-138 (116 Stat. 6) by issuing bidding or
royalty credits under this section in an amount equal to the value of
the interest acquired by the Secretary, as determined under section
1(a) of Public Law 107-138 (116 Stat. 6).
(c) Use of Bidding and Royalty Credits.--On issuance by the
Secretary of a bidding or royalty credit under subsection (b), the
bidding or royalty credit--
(1) may be freely transferred to any other person (except
that, before any such transfer, the transferor shall notify the
Secretary of the transfer by such method as the Secretary may
specify); and
(2) shall remain available for use by any person during the
5-year period beginning on the date of issuance by the
Secretary of the bidding or royalty credit.
SEC. 124. QUINAULT INDIAN NATION; WATER FEASIBILITY STUDY.
(a) In General.--The Secretary is authorized to carry out, in
accordance with Federal reclamation law (the Act of June 17, 1902 (32
Stat. 388, chapter 1093), and Acts supplemental to and amendatory of
that Act (43 U.S.C. 371 et seq.)), a water source, quantity, and
quality feasibility study for land of the Quinault Indian Nation to
identify ways to meet the current and future domestic and commercial
water supply and distribution needs of the Quinault Indian Nation on
the Olympic Peninsula, Washington.
(b) Public Availability of Results.--As soon as practicable after
completion of a feasibility study under subsection (a), the Secretary
shall--
(1) publish in the Federal Register a notice of the
availability of the results of the feasibility study; and
(2) make available to the public, on request, the results
of the feasibility study.
SEC. 125. SANTEE SIOUX TRIBE; STUDY AND REPORT.
(a) Study.--Pursuant to reclamation laws, the Secretary, acting
through the Bureau of Reclamation and in consultation with the Santee
Sioux Tribe of Nebraska (referred to in this subtitle as the
``Tribe''), shall conduct a feasibility study to determine the most
feasible method of developing a safe and adequate municipal, rural, and
industrial water treatment and distribution system for the Santee Sioux
Tribe of Nebraska that could serve the tribal community and adjacent
communities and incorporate population growth and economic development
activities for a period of 40 years.
(b) Cooperative Agreement.--At the request of the Tribe, the
Secretary shall enter into a cooperative agreement with the Tribe for
activities necessary to conduct the study required by subsection (a)
regarding which the Tribe has unique expertise or knowledge.
(c) Report.--Not later than 1 year after funds are made available
to carry out this subtitle, the Secretary shall submit to Congress a
report containing the results of the study required by subsection (a).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $500,000, to
remain available until expended.
SEC. 126. SHAKOPEE MDEWAKANTON SIOUX COMMUNITY.
(a) In General.--Notwithstanding any other provision of law,
without further authorization by the United States, the Shakopee
Mdewakanton Sioux Community in the State of Minnesota (referred to in
this section as the ``Community'') may lease, sell, convey, warrant, or
otherwise transfer all or any part of the interest of the Community in
or to any real property that is not held in trust by the United States
for the benefit of the Community.
(b) No Effect on Trust Land.--Nothing in this section--
(1) authorizes the Community to lease, sell, convey,
warrant, or otherwise transfer all or part of an interest in
any real property that is held in trust by the United States
for the benefit of the Community; or
(2) affects the operation of any law governing leasing,
selling, conveying, warranting, or otherwise transferring any
interest in that trust land.
SEC. 127. AGUA CALIENTE BAND OF CAHUILLA INDIANS.
(a) In General.--Notwithstanding any other provision of law
(including any restrictive covenant in effect under, or required by
operation of, a State law), title to land that the Secretary of the
Interior agrees is to be acquired by the United States in accordance
with the Act of June 18, 1934 (25 U.S.C. 465), for the Agua Caliente
Band of Cahuilla Indians shall be taken in the name of the United
States.
(b) Covenants.--A restrictive covenant referred to in subsection
(a) shall be unenforceable against the United States if the land to
which the restrictive covenant is attached was held in trust by the
United States for, or owned by, the Agua Caliente Band of Cahuilla
Indians, or an individual member of the Band, before the date on which
the restrictive covenant attached to the land.
SEC. 128. SAGINAW CHIPPEWA TRIBAL COLLEGE.
Section 532 of the Equity in Educational Land Grant Status Act of
1994 (7 U.S.C. 301 note; Public Law 103-382) is amended--
(1) by redesignating paragraphs (22) through (31) as
paragraphs (23) through (32), respectively; and
(2) by inserting after paragraph (21) the following:
``(22) Saginaw Chippewa Tribal College.''.
SEC. 129. UTE INDIAN TRIBE; OIL SHALE RESERVE.
Section 3405(c) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 note; Public Law
105-261) is amended by striking paragraph (3) and inserting the
following:
``(3) With respect to the land conveyed to the Tribe under
subsection (b)--
``(A) the land shall not be subject to any Federal
restriction on alienation; and
``(B) notwithstanding any provision to the contrary
in the constitution, bylaws, or charter of the Tribe,
the Act of May 11, 1938 (commonly known as the `Indian
Mineral Leasing Act of 1938') (25 U.S.C. 396a et seq.),
the Indian Mineral Development Act of 1982 (25 U.S.C.
2101 et seq.), section 2103 of the Revised Statutes (25
U.S.C. 81), or section 2116 of the Revised Statutes (25
U.S.C. 177), or any other law, no purchase, grant,
lease, or other conveyance of the land (or any interest
in the land), and no exploration, development, or other
agreement relating to the land that is authorized by
resolution by the governing body of the Tribe, shall
require approval by the Secretary of the Interior or
any other Federal official.''.
TITLE II--PUEBLO OF SANTA CLARA AND PUEBLO OF SAN ILDEFONSO
SEC. 201. DEFINITIONS.
In this title:
(1) Agreement.--The term ``Agreement'' means the agreement
entitled ``Agreement to Affirm Boundary Between Pueblo of Santa
Clara and Pueblo of San Ildefonso Aboriginal Lands Within
Garcia Canyon Tract'', entered into by the Governors on
December 20, 2000.
(2) Boundary line.--The term ``boundary line'' means the
boundary line established under section 204(a).
(3) Governors.--The term ``Governors'' means--
(A) the Governor of the Pueblo of Santa Clara, New
Mexico; and
(B) the Governor of the Pueblo of San Ildefonso,
New Mexico.
(4) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(5) Pueblos.--The term ``Pueblos'' means--
(A) the Pueblo of Santa Clara, New Mexico; and
(B) the Pueblo of San Ildefonso, New Mexico.
(6) Trust land.--The term ``trust land'' means the land
held by the United States in trust under section 202(a) or
203(a).
SEC. 202. TRUST FOR THE PUEBLO OF SANTA CLARA, NEW MEXICO.
(a) In General.--All right, title, and interest of the United
States in and to the land described in subsection (b), including
improvements on, appurtenances to, and mineral rights (including rights
to oil and gas) to the land, shall be held by the United States in
trust for the Pueblo of Santa Clara, New Mexico.
(b) Description of Land.--The land referred to in subsection (a)
consists of approximately 2,484 acres of Bureau of Land Management land
located in Rio Arriba County, New Mexico, and more particularly
described as--
(1) the portion of T. 20 N., R. 7 E., sec. 22, New Mexico
Principal Meridian, that is located north of the boundary line;
(2) the southern half of T. 20 N., R. 7 E., sec. 23, New
Mexico Principal Meridian;
(3) the southern half of T. 20 N., R. 7 E., sec. 24, New
Mexico Principal Meridian;
(4) T. 20 N., R. 7 E., sec. 25, excluding the 5-acre tract
in the southeast quarter owned by the Pueblo of San Ildefonso;
(5) the portion of T. 20 N., R. 7 E., sec. 26, New Mexico
Principal Meridian, that is located north and east of the
boundary line;
(6) the portion of T. 20 N., R. 7 E., sec. 27, New Mexico
Principal Meridian, that is located north of the boundary line;
(7) the portion of T. 20 N., R. 8 E., sec. 19, New Mexico
Principal Meridian, that is not included in the Santa Clara
Pueblo Grant or the Santa Clara Indian Reservation; and
(8) the portion of T. 20 N., R. 8 E., sec. 30, that is not
included in the Santa Clara Pueblo Grant or the San Ildefonso
Grant.
SEC. 203. TRUST FOR THE PUEBLO OF SAN ILDEFONSO, NEW MEXICO.
(a) In General.--All right, title, and interest of the United
States in and to the land described in subsection (b), including
improvements on, appurtenances to, and mineral rights (including rights
to oil and gas) to the land, shall be held by the United States in
trust for the Pueblo of San Ildefonso, New Mexico.
(b) Description of Land.--The land referred to in subsection (a)
consists of approximately 2,000 acres of Bureau of Land Management land
located in Rio Arriba County and Santa Fe County in the State of New
Mexico, and more particularly described as--
(1) the portion of T. 20 N., R. 7 E., sec. 22, New Mexico
Principal Meridian, that is located south of the boundary line;
(2) the portion of T. 20 N., R. 7 E., sec. 26, New Mexico
Principal Meridian, that is located south and west of the
boundary line;
(3) the portion of T. 20 N., R. 7 E., sec. 27, New Mexico
Principal Meridian, that is located south of the boundary line;
(4) T. 20 N., R. 7 E., sec. 34, New Mexico Principal
Meridian; and
(5) the portion of T. 20 N., R. 7 E., sec. 35, New Mexico
Principal Meridian, that is not included in the San Ildefonso
Pueblo Grant.
SEC. 204. SURVEY AND LEGAL DESCRIPTIONS.
(a) Survey.--Not later than 180 days after the date of enactment of
this Act, the Office of Cadastral Survey of the Bureau of Land
Management shall, in accordance with the Agreement, complete a survey
of the boundary line established under the Agreement for the purpose of
establishing, in accordance with sections 3102(b) and 3103(b), the
boundaries of the trust land.
(b) Legal Descriptions.--
(1) Publication.--On approval by the Governors of the
survey completed under subsection (a), the Secretary shall
publish in the Federal Register--
(A) a legal description of the boundary line; and
(B) legal descriptions of the trust land.
(2) Technical corrections.--Before the date on which the
legal descriptions are published under paragraph (1)(B), the
Secretary may correct any technical errors in the descriptions
of the trust land provided in sections 3102(b) and 3103(b) to
ensure that the descriptions are consistent with the terms of
the Agreement.
(3) Effect.--Beginning on the date on which the legal
descriptions are published under paragraph (1)(B), the legal
descriptions shall be the official legal descriptions of the
trust land.
SEC. 205. ADMINISTRATION OF TRUST LAND.
(a) In General.--Effective beginning on the date of enactment of
this Act--
(1) the land held in trust under section 202(a) shall be
declared to be a part of the Santa Clara Indian Reservation;
and
(2) the land held in trust under section 203(a) shall be
declared to be a part of the San Ildefonso Indian Reservation.
(b) Applicable Law.--
(1) In general.--The trust land shall be administered in
accordance with any law (including regulations) or court order
generally applicable to property held in trust by the United
States for Indian tribes.
(2) Pueblo lands act.--The following shall be subject to
section 17 of the Act of June 7, 1924 (commonly known as the
``Pueblo Lands Act'') (25 U.S.C. 331 note):
(A) The trust land.
(B) Any land owned as of the date of enactment of
this Act or acquired after the date of enactment of
this Act by the Pueblo of Santa Clara in the Santa
Clara Pueblo Grant.
(C) Any land owned as of the date of enactment of
this Act or acquired after the date of enactment of
this Act by the Pueblo of San Ildefonso in the San
Ildefonso Pueblo Grant.
(c) Use of Trust Land.--
(1) In general.--Subject to the criteria developed under
paragraph (2), the trust land may be used only for--
(A) traditional and customary uses; or
(B) stewardship conservation for the benefit of the
Pueblo for which the trust land is held in trust.
(2) Criteria.--The Secretary shall work with the Pueblos to
develop appropriate criteria for using the trust land in a
manner that preserves the trust land for traditional and
customary uses or stewardship conservation.
(3) Limitation.--Beginning on the date of enactment of this
Act, the trust land shall not be used for any new commercial
developments.
SEC. 206. EFFECT.
Nothing in this title--
(1) affects any valid right-of-way, lease, permit, mining
claim, grazing permit, water right, or other right or interest
of a person or entity (other than the United States) that is--
(A) in or to the trust land; and
(B) in existence before the date of enactment of
this Act;
(2) enlarges, impairs, or otherwise affects a right or
claim of the Pueblos to any land or interest in land that is--
(A) based on Aboriginal or Indian title; and
(B) in existence before the date of enactment of
this Act;
(3) constitutes an express or implied reservation of water
or water right with respect to the trust land; or
(4) affects any water right of the Pueblos in existence
before the date of enactment of this Act.
SEC. 207. GAMING.
Land taken into trust under this title shall neither be considered
to have been taken into trust for, nor be used for, gaming (as that
term is used in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et
seq.)).
TITLE III--DISTRIBUTION OF QUINAULT PERMANENT FISHERIES FUNDS
SEC. 301. DISTRIBUTION OF JUDGMENT FUNDS.
(a) Funds To Be Deposited Into Separate Accounts.--
(1) In general.--Subject to section 302, not later than 30
days after the date of enactment of this Act, the funds
appropriated on September 19, 1989, in satisfaction of an award
granted to the Quinault Indian Nation under Dockets 772-71,
773-71, 774-71, and 775-71 before the United States Claims
Court, less attorney fees and litigation expenses, and
including all interest accrued to the date of disbursement,
shall be distributed by the Secretary and deposited into 3
separate accounts to be established and maintained by the
Quinault Indian Nation (referred to in this title as the
``Tribe'') in accordance with this subsection.
(2) Account for principal amount.--
(A) In general.--The Tribe shall--
(i) establish an account for the principal
amount of the judgment funds; and
(ii) use those funds to establish a
Permanent Fisheries Fund.
(B) Use and investment.--The principal amount
described in subparagraph (A)(i)--
(i) except as provided in subparagraph
(A)(ii), shall not be expended by the Tribe;
and
(ii) shall be invested by the Tribe in
accordance with the investment policy of the
Tribe.
(3) Account for investment income.--
(A) In general.--The Tribe shall establish an
account for, and deposit in the account, all investment
income earned on amounts in the Permanent Fisheries
Fund established under paragraph (2)(A)(ii) after the
date of distribution of the funds to the Tribe under
paragraph (1).
(B) Use of funds.--Funds deposited in the account
established under subparagraph (A) shall be available
to the Tribe--
(i) subject to subparagraph (C), to carry
out fisheries enhancement projects; and
(ii) pay expenses incurred in administering
the Permanent Fisheries Fund established under
paragraph (2)(A)(ii).
(C) Specification of projects.--Each fisheries
enhancement project carried out under subparagraph
(B)(i) shall be specified in the approved annual budget
of the Tribe.
(4) Account for income on judgment funds.--
(A) In general.--The Tribe shall establish an
account for, and deposit in the account, all investment
income earned on the judgment funds described in
subsection (a) during the period beginning on September
19, 1989, and ending on the date of distribution of the
funds to the Tribe under paragraph (1).
(B) Use of funds.--
(i) In general.--Subject to clause (ii),
funds deposited in the account established
under subparagraph (A) shall be available to
the Tribe for use in carrying out tribal
government activities.
(ii) Specification of activities.--Each
tribal government activity carried out under
clause (i) shall be specified in the approved
annual budget of the Tribe.
(b) Determination of Amount of Funds Available.--Subject to
compliance by the Tribe with paragraphs (3)(C) and (4)(B)(ii) of
subsection (a), the Quinault Business Committee, as the governing body
of the Tribe, may determine the amount of funds available for
expenditure under paragraphs (3) and (4) of subsection (a).
(c) Annual Audit.--The records and investment activities of the 3
accounts established under subsection (a) shall--
(1) be maintained separately by the Tribe; and
(2) be subject to an annual audit.
(d) Reporting of Investment Activities and Expenditures.--Not later
than 120 days after the date on which each fiscal year of the Tribe
ends, the Tribe shall make available to members of the Tribe a full
accounting of the investment activities and expenditures of the Tribe
with respect to each fund established under this section (which may be
in the form of the annual audit described in subsection (c)) for the
fiscal year.
SEC. 302. CONDITIONS FOR DISTRIBUTION.
(a) United States Liability.--On disbursement to the Tribe of the
funds under section 301(a), the United States shall bear no trust
responsibility or liability for the investment, supervision,
administration, or expenditure of the funds.
(b) Application of Other Law.--All funds distributed under this
title shall be subject to section 7 of the Indian Tribal Judgment Funds
Use or Distribution Act (25 U.S.C. 1407).
Union Calendar No. 235
108th CONGRESS
2d Session
S. 523
[Report No. 108-374, Part I]
_______________________________________________________________________
AN ACT
To make technical corrections to laws relating to Native Americans, and
for other purposes.
_______________________________________________________________________
November 17, 2003
Reported and referred to the Committee on Agriculture for a period
ending not later than November 21, 2003, for consideration of such
provisions of the bill as fall within the jurisdiction of that
committee pursuant to clause 1(a), rule X
November 21, 2003
Referral to the Committee on Agriculture extended for a period ending
not later than January 31, 2004
January 31, 2004
Committee on Agriculture discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed