[Congressional Record Volume 140, Number 115 (Tuesday, August 16, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 16, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
MAKING CERTAIN TECHNICAL CORRECTIONS IN SUNDRY BILLS RELATING TO INDIAN 
                                AFFAIRS

  Mr. RICHARDSON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4709) to make certain technical corrections, and for other 
purposes, as amended.
  The Clerk read as follows:

                               H.R. 4709

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

     SECTION 1. LEASING AUTHORITY OF THE INDIAN PUEBLO FEDERAL 
                   DEVELOPMENT CORPORATION.

       Notwithstanding the provisions of section 17 of the Act of 
     June 18, 1934 (25 U.S.C. 477), the Indian Pueblo Federal 
     Development Corporation, whose charter was issued pursuant to 
     such section by the Secretary of the Interior on January 15, 
     1993, shall have the authority to lease or sublease trust or 
     restricted Indian lands for up to 50 years.

     SEC. 2. GRAND RONDE RESERVATION ACT.

       (a) Lands Described.--Section 1 of the Act entitled ``An 
     Act to establish a reservation for the Confederated Tribes of 
     the Grand Ronde Community of Oregon, and for other 
     purposes'', approved September 9, 1988 (102 Stat. 1594), is 
     amended--
       (1) in subsection (c)--
       (A) by striking ``9,879.65'' and inserting ``10,120.68''; 
     and
       (B) by striking all after


                                                                        
         ``6              8       1    SW\1/4\SW\1/4\,W\1/2      53.78''
                                        \SE\1/4\SW\1/4\                 
                                                                        


     and inserting in lieu thereof the following:


         ``6              8       1    S\1/2\E\1/2\SE\1/4\S      10.0319
                                        W\1/4\                          
          6               7       8    Tax lot 800                5.5519
          4               7      30    Lots 3, 4, SW\1/                 
                                        4\NE\1/4\, SE\1/           24019
                                        4\NW\1/4\,E\1/2\SW\             
                                        1/4\                            
                                                            ------------
                                       Total...............  10,120.68.'
                                                                      ';
                                                                        


     and
       (2) by adding at the end the following:
       ``(d) Claims Extinguished; Liability.--
       ``(1) Claims extinguished.--All claims to lands within the 
     State or Oregon based upon recognized title to the Grand 
     Ronde Indian Reservation established by the Executive order 
     of June 30, 1857, pursuant to treaties with the Kalapuya, 
     Molalla, and other tribes, or any part thereof by the 
     Confederated Tribes of the Grand Ronde Community of Oregon, 
     or any predecessor or successor in interest, are hereby 
     extinguished, and any transfers pursuant to the Act of April 
     28, 1904 (Chap. 1820; 33 Stat. 567) or other statute of the 
     United States, by, from, or on behalf of the Confederated 
     Tribes of the Grand Ronde Community of Oregon, or any 
     predecessor or successor interest, shall be deemed to have 
     been made in accordance with the Constitution and all laws of 
     the United States that are specifically applicable to 
     transfers of lands or natural resources from, by, or on 
     behalf of any Indian, Indian nation, or tribe of Indians 
     (including, but not limited to, the Trade and Intercourse Act 
     of 1790 (Act of July 22, 1790; 25 U.S.C. 177, ch. 33, sec. 4; 
     1 Stat. 137)).
       ``(2) Liability.--The Tribe shall assume responsibility for 
     lost revenues, if any, to any county because of the transfer 
     of revested Oregon and California Railroad grant lands in 
     section 30, Township 4 South, Range 7 West.''.
       (b) Civil and Criminal Jurisdiction.--Section 3 of such Act 
     (102 Stat. 1595) is amended by adding at the end the 
     following: ``Such exercise shall not affect the Tribe's 
     concurrent jurisdiction over such matters.''.

     SEC. 3. CONFEDERATED TRIBES OF THE SILETZ INDIANS OF OREGON.

       Section 2 of the Act of September 4, 1980 (Public Law 96-
     340; 94 Stat. 1072) is amended--
       (1) by inserting ``(a)'' after ``Sec. 2.''; and
       (2) by adding at the end the following:
       ``(b)(1) The Secretary of the Interior, acting at the 
     request of the Confederated Tribes of the Siletz Indians of 
     Oregon, shall accept (subject to all valid rights-of-way and 
     easements existing on the date of such request) any 
     appropriate warranty deed conveying to the United States in 
     trust for the Confederated Tribes of Siletz Indians of 
     Oregon, contingent upon payment of all accrued and unpaid 
     taxes, the following parcels of land located in Lincoln 
     County, State of Oregon:
       ``(A) In Township 10 South, Range 8 West, Willamette 
     Meridian--
       ``(i) a tract of land in the northwest and the northeast 
     quarters of section 7 consisting of 208.50 acres, more or 
     less, conveyed to the Tribe by warranty deed from John J. 
     Jantzi and Erma M. Jantzi on March 30, 1990; and
       ``(ii) 3 tracts of land in section 7 consisting of 18.07 
     acres, more or less, conveyed to the Tribe by warranty deed 
     from John J. Jantzi and Erma M. Jantzi on March 30, 1990.
       ``(B) In Township 10 South, Range 10 West, Willamette 
     Meridian--
       ``(i) a tract of land in section 4, including a portion of 
     United States Government Lot 31 lying west and south of the 
     Siletz River, consisting of 15.29 acres, more or less, 
     conveyed to the Tribe by warranty deed from Patrick J. 
     Collson and Patricia Ann Collson on February 27, 1991;
       ``(ii) a tract of land in section 9, located in Tract 60, 
     consisting of 4.00 acres, more or less, conveyed to the Tribe 
     by contract of sale from Gladys M. Faulkner on December 9, 
     1987;
       ``(iii) a tract of land in section 9, including portions of 
     the north one-half of United States Government Lot 15, 
     consisting of 7.34 acres, more or less, conveyed to the Tribe 
     by contract of sale from Clayton E. Hursh and Anna L. Hursh 
     on December 9, 1987;
       ``(iv) a tract of land in section 9, including a portion of 
     the north one-half of Government Lot 16, consisting of 5.62 
     acres, more or less, conveyed to the Tribe by warranty deed 
     from Steve Jebert and Elizabeth Jebert on December 1, 1987;
       ``(v) a tract of land in the southwest quarter of the 
     northwest quarter of section 9, consisting of 3.45 acres, 
     more or less, conveyed to the Tribe by warranty deed from 
     Eugenie Nashif on July 11, 1988; and
       ``(vi) a tract of land in section 10, including United 
     States Government Lot 8 and portions of United States 
     Government Lot 7, consisting of 29.93 acres, more or less, 
     conveyed to the Tribe by warranty deed from Doyle Grooms on 
     August 6, 1992.
       ``(C) In the northwest quarter of section 2 and the 
     northeast quarter of section 3, Township 7 South, Range 11 
     West, Willamette Meridian, a tract of land comprising Lots 
     58, 59, 63, and 64, Lincoln Shore Star Resort, Lincoln City, 
     Oregon.
       ``(2) The parcels of land described in paragraph (1), 
     together with the following tracts of lands which have been 
     conveyed to the United States in trust for the Confederated 
     Tribes of Siletz Indians of Oregon--
       ``(A) a tract of land in section 3, Township 10 South, 
     Range 10 West, Willamette Meridian, including portions of 
     United States Government Lots 25, 26, 27, and 28, consisting 
     of 49.35 acres, more or less, conveyed by the Siletz Tribe to 
     the United States in trust for the Tribe on March 15, 1986; 
     and
       ``(B) a tract of land in section 9, Township 10 South, 
     Range 10 West, Willamette Meridian, including United States 
     Government Lot 33, consisting of 2.27 acres, more or less, 
     conveyed by warranty deed to the United States in trust for 
     the Confederated Tribes of Siletz Indians of Oregon from 
     Harold D. Alldridge and Sylvia C. Alldridge on June 30, 1981;

     shall be subject to the limitations and provisions of 
     sections 3, 4, and 5 of this Act and shall be deemed to be a 
     restoration of land pursuant to section 7 of the Siletz 
     Indian Tribe Restoration Act (91 Stat. 1415; 25 U.S.C. 
     711(e)).
       ``(3) Notwithstanding any other provision of law, the 
     United States should not incur any liability for conditions 
     on any parcels of land taken into trust under this section.
       ``(4) As soon as practicable after the transfer of the 
     parcels provided in paragraphs (1) and (2), the Secretary of 
     the Interior shall convey such parcels and publish a 
     description of such lands in the Federal Register.''.

     SEC. 4. TRANSFER OF PARCEL BY YSLETA DEL SUR PUEBLO.

       (a) Ratification.--The transfer of the land described in 
     subsection (b), together with fixtures thereon, on July 12, 
     1991, by the Ysleta Del Sur Pueblo is hereby ratified and 
     shall be deemed to have been made in accordance with the 
     Constitution and all laws of the United States that are 
     specifically applicable to transfers of land from, by, or on 
     behalf of any Indian, Indian nation, or tribe or band of 
     Indians (including section 2116 of the Revised Statutes (25 
     U.S.C. 177)) as if Congress had given its consent prior to 
     the transfer.
       (b) Lands Described.--The lands referred to in subsection 
     (a) are more particularly described as follows:

     Tract 1-B-1 (1.9251 acres) and Tract 1-B-2-A (0.0748 acres), 
     Block 2 San Elizario, El Paso County, Texas.

     SEC. 5. AUTHORIZATION FOR 99-YEAR LEASES.

       The second sentence of subsection (a) of the first section 
     of the Act of August 9, 1955 (25 U.S.C. 415(a)), is amended 
     by inserting ``the Viejas Indian Reservation,'' after 
     ``Soboba Indian Reservation,''.

     SEC. 6. WIND RIVER INDIAN IRRIGATION PROJECT.

       Funds appropriated for construction of the Wind River 
     Indian Irrigation Project in fiscal year 1990 (Public Law 
     101-121), fiscal year 1991 (Public Law 101-512), and fiscal 
     year 1992 (Public Law 102-154) shall be made available on a 
     nonreimbursable basis.

     SEC. 7. REIMBURSEMENT OF COSTS INCURRED BY GILA RIVER INDIAN 
                   COMMUNITY FOR CERTAIN RECLAMATION CONSTRUCTION.

       The Secretary of the Interior is authorized to pay 
     $1,842,205 to the Gila River Indian Community as 
     reimbursement for the costs incurred by the Gila River Indian 
     Community for construction allocated to irrigation on the 
     Sacaton Ranch that would have been nonreimbursable if such 
     construction had been performed by the Bureau of Reclamation 
     under section 402 of the Colorado River Basin Project Act (43 
     U.S.C. 1542).

     SEC. 8. RECONVEYANCE OF CERTAIN EXCESS LANDS.

       (a) In General.--The Congress finds that the Sac and Fox 
     Nation of Oklahoma has determined the lands described in 
     subsection (b) to be excess to their needs and should be 
     returned to the original Indian grantors or their heirs. The 
     Secretary of the Interior is authorized to accept transfer of 
     title from the Sac and Fox Nation of Oklahoma of its interest 
     in the lands described in subsection (b).
       (b) Persons and Lands.--The lands and individuals referred 
     to in subsection (a) are as follows:
       (1) To the United States of America in trust for Sadie 
     Davis, now Tyner, or her heirs or devisees, the Surface and 
     Surface Rights only in and to the SE\1/4\SE\1/4\SE\1/4\SE\1/
     4\ of Section 28, Township 17 North, Range 6 East of the 
     Indian Meridian, Lincoln County, Oklahoma, containing 2.50 
     acres, more or less.
       (2) To the United States of America in trust for Mabel 
     Wakole, or her heirs or devisees, the Surface and Surface 
     Rights only in and to the NE\1/4\NE\1/4\ of Lot 6 of NW\1/4\ 
     of Section 14, Township 11 North, Range 4 East of the Indian 
     Meridian, Pottawatomie County, Oklahoma, containing 2.50 
     acres, more or less.

     SEC. 9. TITLE I OF THE ACT OF JANUARY 12, 1983, PERTAINING TO 
                   THE DEVILS LAKE SIOUX TRIBE.

       Paragraph (1) of section 108(a) of title I of the Act of 
     January 12, 1983 (96 Stat. 2515) is amended by striking out 
     ``of the date of death of the decedent'' and inserting in 
     lieu thereof ``after the date on which the Secretary's 
     determination of the heirs of the decedent becomes final''.

     SEC. 10. NORTHERN CHEYENNE LAND TRANSFER.

       (a) In General.--Notwithstanding any contrary provision of 
     law, the Secretary of the Interior or his authorized 
     representative (``Secretary'') is hereby authorized and 
     directed to transfer by deed to Lame Deer High School 
     District No. 6, Rosebud County, Montana (``School 
     District''), all right, title, and interest of the United 
     States and the Northern Cheyenne Tribe (``Tribe'') in and to 
     the lands described below (``Subject Lands''), to be held and 
     used by the School District for the exclusive purpose of 
     constructing and operating thereon a public high school and 
     related facilities. The Subject Lands consist of a tract of 
     approximately 40 acres within the Northern Cheyenne Indian 
     Reservation, more particularly described as follows:

     A tract of land located in the W\1/2\ SE\1/4\ and the E\1/2\ 
     SW\1/4\ of Section 10, Township 3 South, Range 41 East, 
     M.P.M., described as follows: Beginning at the south \1/4\ 
     corner of said Section 10, thence south 89 degrees 56 minutes 
     west 393.31 feet on and along the south line of said Section 
     10 to the true point of beginning, thence south 89 degrees 56 
     minutes west 500.0 feet on and along said Section line, 
     thence north 00 degrees 00 minutes east, 575.0 feet, thence 
     north 54 degrees 9 minutes 22 seconds east 2382.26 feet, 
     thence south 23 degrees 44 minutes 21 seconds east 622.56 
     feet, thence south 51 degrees 14 minutes 40 seconds west 
     2177.19 feet to the true point of beginning, containing in 
     all 40.0 acres, more or less.
       (b) Deed and Lease.--(1) The deed issued under this section 
     shall provide that--
       (A) title to all coal and other minerals, including oil, 
     gas, and other natural deposits, within the Subject Lands 
     shall remain in the Secretary in trust for the Tribe, as 
     provided in the Act of July 24, 1968 (82 Stat. 424);
       (B) the Subject Lands may be used for the purpose of 
     constructing and operating a public high school and related 
     facilities thereon, and for no other purpose;
       (C) title to the Subject Lands, free and clear of all liens 
     and encumbrances, shall automatically revert to the Secretary 
     in trust for the Tribe, and the deed shall be of no further 
     force or effect, if, within eight years of the date of the 
     deed, classes have not commenced in a permanent public high 
     school facility established on the Subject Lands, or if such 
     classes commence at the facility within such eight-year 
     period, but the facility subsequently permanently ceases 
     operating as a public high school; and
       (D) at any time after the conclusion of the current 
     litigation (including all trial and, if any, appellate 
     proceedings) challenging the November 9, 1993, decision of 
     the Superintendent of Public Instruction for the State of 
     Montana granting the petition to create the School District, 
     and with the prior approval of the Superintendent of Public 
     Instruction (``Superintendent's Approval''), the Tribe shall 
     have the right to replace the deed with a lease covering the 
     Subject Lands issued under the Act of August 9, 1955, as 
     amended (25 U.S.C. 415(a)) having a term of 25 years, with a 
     right to renew for an additional 25 years.
       (2) Under the lease referred to in paragraph (1)(D), the 
     Subject Lands shall be leased rent free to the School 
     District for the exclusive purpose of constructing and 
     operating a public high school and related facilities 
     thereon. The lease shall terminate if, within eight years of 
     the date of the deed, /classes have not commenced in a 
     permanent public high school facility established on the 
     Subject Lands, or if such classes commence at the facility 
     within such eight-year period, but the facility subsequently 
     permanently ceases operating as a public high school. In the 
     event the Tribe seeks and obtains the Superintendent's 
     Approval, it may tender a lease, signed by the Tribe and 
     approved by the Secretary, which complies with the provisions 
     of this subsection. Upon such tender, the deed shall be of no 
     further force or effect, and, subject to the leasehold 
     interest offered to the School District, title to the Subject 
     Lands, free and clear of all liens and encumbrances, shall 
     automatically revert to the Secretary in trust for the Tribe. 
     The Tribe may at any time irrevocably relinquish the right 
     provided to it under this subsection by resolution of the 
     Northern Cheyenne Tribal Council explicitly so providing.
       (c) Effect of Acceptance of Deed.--Upon the School 
     District's acceptance of a deed delivered under this section, 
     the School District, and any party who may subsequently 
     acquire any right, title, or interest of any kind whatsoever 
     in or to the Subject Lands by or through the School District, 
     shall be subject to, be bound by, and comply with all terms 
     and conditions set forth in subparagraphs (A) through (D) of 
     subsection (b)(1).

     SEC. 11. INDIAN AGRICULTURE AMENDMENT.

       (a) Leasing of Indian Agricultural Lands.--Section 105 of 
     the American Indian Agriculture Resource Management Act (25 
     U.S.C. 3701 et seq.) is amended--
       (1) in subsection (b)--
       (A) by striking ``and'' at the end of paragraph (3);
       (B) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) shall approve leases and permits of tribally owned 
     agricultural lands at rates determined by the tribal 
     governing body.''; and
       (2) in subsection (c), by amending paragraph (1) to read as 
     follows: ``(1) Nothing in this section shall be construed as 
     limiting or altering the authority or right of an individual 
     allottee or Indian tribe in the legal or beneficial use of 
     his, her, or its own land or to enter into an agricultural 
     lease of the surface interest of his, her, or its allotment 
     or land under any other provision of law.''.
       (b) Tribal Immunity.--The American Indian Agriculture 
     Resource Management Act (25 U.S.C. 3701 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 306. TRIBAL IMMUNITY.

       ``Nothing in this Act shall be construed to affect, modify, 
     diminish, or otherwise impair the sovereign immunity from 
     suit enjoyed by Indian tribes.''.

     SEC. 12. INDIAN HEALTH AMENDMENT.

       Section 4(n) of the Indian Health Care Improvement Act (25 
     U.S.C. 1603(n)) is amended to read as follows:
       ``(n) `Health profession' means allopathic medicine, family 
     medicine, internal medicine, pediatrics, geriatric medicine, 
     obstetrics and gynecology, podiatric medicine, nursing, 
     public health nursing, dentistry, psychiatry, osteopathy, 
     optometry, pharmacy, psychology, public health, social work, 
     marriage and family therapy, chiropractic medicine, 
     environmental health and engineering, allied health 
     professions, and other health professions.''.

     SEC. 13. SAN CARLOS APACHE WATER RIGHTS SETTLEMENT ACT OF 
                   1992.

       Section 3711(b)(1) of title XXXVII of the San Carlos Apache 
     Tribe Water Rights Settlement Act of 1992 (106 Stat. 4752) is 
     amended by striking out ``December 31, 1994'' and inserting 
     in lieu thereof ``December 31, 1995''.

     SEC. 14. RELATIONSHIP BETWEEN BUY INDIAN ACT AND MENTOR-
                   PROTEGE PROGRAM.

       Section 23 of the Act of June 25, 1910 (36 Stat. 861; 25 
     U.S.C. 47; commonly referred to as the ``Buy Indian Act''), 
     is amended by adding at the end the following: 
     ``Participation in the Mentor-Protege Program established 
     under section 831 of Public Law 101-510 or receipt of 
     assistance pursuant to any developmental assistance agreement 
     authorized under such program does not render Indian labor or 
     Indian industry ineligible to receive any assistance 
     authorized under this proviso. For the purposes of this 
     proviso, (i) no determination of affiliation or control 
     (either direct or indirect) may be found between a protege 
     firm and its mentor firm on the basis that the mentor firm 
     has agreed to furnish (or has furnished) to its protege firm 
     pursuant to a mentor-protege agreement any form of 
     developmental assistance described in subsection (f) of such 
     section, and (ii) the terms `protege firm' and `mentor firm' 
     have the meaning given such terms in subsection (c) of such 
     section 831.''.

     SEC. 15. ACQUISITION OF LANDS ON WIND RIVER RESERVATION.

       (a) Authority To Hold Lands in Trust for the Individual 
     Tribe.--The Secretary of the Interior is hereby authorized to 
     acquire individually in the name of the United States in 
     trust for the benefit of the Eastern Shoshone Tribe of the 
     Wind River Reservation or the Northern Arapaho Tribe of the 
     Wind River Reservation, as appropriate, lands or other rights 
     when the individual assets of only one of the tribes is used 
     to acquire such lands or other rights.
       (b) Lands Remain Part of Joint Reservation Subject to 
     Exclusive Tribal Control.--Any lands acquired under 
     subsection (a) within the exterior boundaries of the Wind 
     River Reservation shall remain a part of the Reservation and 
     subject to the joint tribal laws of the Reservation, except 
     that the lands so acquired shall be subject to the exclusive 
     use and control of the tribe for which such lands were 
     acquired.
       (c) Income.--The income from lands acquired under 
     subsection (a) shall be credited to the Tribe for which such 
     lands were acquired.
       (d) Savings Provision.--Nothing in this section shall be 
     construed to prevent the joint acquisition of lands for the 
     benefit of the Eastern Shoshone Tribe of the Wind River 
     Reservation and the Northern Arapaho Tribe of the Wind River 
     Reservation.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Mexico [Mr. Richardson] will be recognized for 20 minutes, and the 
gentleman from Colorado [Mr. Allard] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from New Mexico [Mr. Richardson].


                             general leave

  Mr. RICHARDSON. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
on the bill presently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Mexico?
  There was no objection.
  Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 4709 makes technical changes to several different 
laws.
  The bill provides for the leasing authority for the Indian Pueblo 
Development Corporation; adds 240 acres to the Grand Ronde Reservation 
in Oregon pursuant to an agreement with the Interior Department; it 
adds land to the Siletz Reservation in Oregon; and it provides for a 
land transfer for the building of a school on the northern Cheyenne 
Reservation.
  Mr. Speaker, this bill was packaged so that we would not have to do 
15 little bills. Suffice it to say that this bill, which contains 
leasing authorities, land transfers and other minor matters, is 
important to several tribes across the country including the Ysleta del 
Sur Pueblo of Texas, the Viejas Reservation in California, the Wind 
River Reservation in Wyoming, the Gila River Indian Community in 
Arizona, the Sac and Fox Nation of Oklahoma, the San Carlos Apache of 
Arizona and the Devil's Lake Sioux Tribe of North Dakota. It also makes 
minor technical changes to the Indian Agriculture Act and the Indian 
Health Care Improvement Act.
  Mr. Speaker, the bill is noncontroversial and is supported by many 
Members of the House. The bill includes many amendments provided to the 
committee by the administration.
  I urge my colleagues to support this bill.

                              {time}  1400

  Mr. ALLARD. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I fully support H.R. 4709, and I urge my colleagues to 
do likewise.
  Mr. THOMAS of Wyoming. Mr. Speaker, I fully support and am pleased to 
cosponsor H.R. 4709, a bill to make certain technical amendments to 
various Indian statutes. We traditionally do one of two of these bills 
each Congress, as a catch-all for a series of minor amendments to 
various laws. I am very supportive of grouping these proposed changes 
into a single piece of legislation; it saves us both time and money.
  The bill includes three provisions of import to the State of Wyoming, 
and the Shoshone and Arapaho Tribes of the Wind River Reservation. 
First, section 6 reaffirms that funds appropriated in fiscal year 1990 
through 1992 for the rehabilitation of the Wind River Irrigation 
Project [WRIP] are nonreimbursable. Rehabilitation of the WRIP was very 
important to the tribes, and nontribal users. The irrigation project 
has deteriorated to the point that it hindered the ability of some 
irrigators to fully develop their lands. This resulted both in wasted 
water in a area that has recently suffered a string of dry summers, as 
well as underused land in an area with almost 60 percent unemployment.
  It was the intent of Congress as expressed in various committee 
reports and floor statements that the appropriated funds would be 
nonreinbursable in order to avoid the jeopardy into which the system 
would be placed if forced to pay back the money. Yet the BIA has 
indicated that it now feels specific legislation is necessary to 
accomplish that intent. During consideration of the fiscal year 1991 
Interior Appropriations Act, Members of the other body discussed the 
reimbursability issue. Senator Wallop, in discussing the matter with 
Senator Byrd, stated that ``the problem is that contrary to our intent, 
the Bureau of Indian Affairs has determined that the fiscal year 1990 
appropriation in the amount of $1,000,000 is reimbursable and must be 
paid back. * * * My question is this, is it not true that in response 
to the request for these funds, the BIA prepared a capability statement 
in which they in no way indicated that the funds would be 
reimbursable?'' Senator Byrd responded, ``Yes, the Senator is correct. 
The BIA * * * did not indicate that the funds would be reimbursable.'' 
Section 6 of H.R. 4709 simply establishes once and for all what our 
clear intent has always been: That the funds be nonreimbursable.
  The second Wyoming-specific section is section 15, which concerns the 
acquisition of lands on the Wind River Reservation. The Eastern 
Shoshone and Northern Arapaho Tribes share the Wind River Reservation 
in central Wyoming. The reservation was established by the Treaty of 
July 3, 1868, between the Eastern Shoshone Tribe and the United States. 
In 1878, the Northern Arapaho Tribe was also settled on the 
reservation. Pursuant to decisions of the Supreme Court, the tribes 
share an undivided interest in jointly held property. Section 15 will 
accord the Eastern Shoshone and Northern Arapaho Tribes the same right 
as other tribes to take fee lands acquired within the reservation into 
trust in the name of the tribe.
  Over the years, each tribe with its own financial resources acquired 
fee lands within the reservation. Differing economic goals and 
financial resources over the years have resulted in each tribe 
acquiring separate parcels of land. Separate acquisition has occurred 
after the nonpurchasing tribe was given an opportunity to participate 
in joint acquisition of such lands. When the tribes requested the 
Department of Interior to place these lands into trust in the name of 
the individual tribe, they were advised that separately purchased lands 
could only be taken in trust in the name of both tribes. The Department 
interpreted provisions of the act of July 27, 1939 to mandate that 
lands on the Wind River Reservation could only be taken into trust 
jointly in the name of both tribes.
  The 1939 act authorized land exchanges and spending $1 million of 
joint tribal funds in order to reacquire fee lands which were located 
on the then existing reservation. All lands opened to settlement on the 
reservation, except those within the reclamation project on the 
reservation and not actually sold were directed to be restored to their 
original status prior to their opening for settlement. Congress 
directed that all these reservation lands should be held in trust 
jointly in the names of both tribes. The congressional direction for 
taking the land into trust and restoration to complete and equal status 
with other reservation lands was directly only to the lands covered by 
the 1939 act. Congress never considered or took action on the issue of 
lands acquired with funds from an individual tribe.
  This bill clarifies that the 1939 act requirement of joint trust 
status for Wind River Reservation lands applies only to lands held in 
trust pursuant to the provisions of the 1939 act. The ability to have 
these lands placed into trust will provided the tribes with trust 
protection for their separately acquired lands. The tribes are in 
agreement that these lands will retain their original reservation 
status will be subject to joint tribal laws which govern lands within 
the reservation. Both tribes agree, however, that each individual tribe 
will retain any income from its separately acquired lands and will 
control access to such lands.
  Finally Mr. Speaker, section 14 of H.R. 4709 would address a concern 
I have with the Buy Indian Act that was brought to my attention by one 
of my constituents on behalf of American Eagle Industries [AEI] in 
Cheyenne. AEI participates in the Department of Defense's Mentor-
Protege Program [MPP]. This program was designed to encourage larger 
military contractors to take smaller, minority-owned businesses under 
their wing in order to ensure the latter's greater participation in DOD 
contracts.
  In 1993, AEI successfully bid with the BIA under the Buy Indian Act 
to perform some road construction work on the Campo Indian Reservation 
in California. After the contract was signed, however, the Phoenix Area 
Office of the BIA notified in the Sacramento Area Office that AEI 
participates in the MPP. For this and other reasons, the Sacremento 
office disqualified AEI from participation in the Buy Indian Act and 
terminated the contract ``for the convenience of the Government.'' The 
cancellation of the contract was a source of significant logistical and 
financial complications for AEI.
  If establishing such a relationship under the MPP would make a firm 
like AEI ineligible for award set-asides under the Buy Indian Act, such 
firms would be discouraged from taking advantage of the program, 
thereby undermining its purpose. This is presumably one principal 
reason why the MPP specifically bars using the mentor-protege 
relationship as the sole basis for finding that the two firms are 
affiliates for Small Business Act purposes and thus disqualified from 
SBA participation.
  Even though the Buy Indian Act is directly analogous, there is no 
similar MPP exemption for that act. This section would remedy that 
oversight by providing that for Buy Indian Act purposes, a firm's 
participation in the MPP cannot be used as the sole basis to disqualify 
it from participating in the Buy Indian Act.
  Mr. Speaker, while this issue was brought to my attention by a 
Wyoming firm, this problem could effect Indian-owned businesses in any 
State in the country. I hope that H.R. 4709 will preclude that from 
happening.
  Mr. Speaker, I think Chairman Richardson for his cooperation in 
moving this bill to the floor today, and look forward to its swift 
consideration and passage by the other body.
  Mr. ALLARD. Mr. Speaker, I have no requests for time, and I yield 
back the balance of my time.
  Mr. RICHARDSON. Mr. Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Mexico. [Mr. Richardson] that the House suspend the 
rules and pass the bill, H.R. 4709, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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