[Congressional Record Volume 140, Number 142 (Tuesday, October 4, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: October 4, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
THE INDIAN LEGISLATION TECHNICAL CORRECTIONS ACT
Mr. FORD. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 711, H.R. 4709,
an Indian affairs technical amendments bill.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
A bill (H.R. 4709) to make certain technical corrections,
and for other purposes.
The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Indian Affairs, with an
amendment to strike all after the enacting clause and inserting in lieu
thereof the following:
SECTION 1. LEASING AUTHORITY OF THE INDIAN PUEBLO FEDERAL
DEVELOPMENT CORPORATION.
Notwithstanding the provisions of section 17 of the Act of
June 18, 1934 (48 Stat. 988, chapter 576; 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 the following:
``6 8 1 S\1/2\E\1/2\SE\1/4\SW 10.03
\1/4\
6 7 8 Tax lot 800 5.55
4 7 30 Lots 3, 4, SW\1/
4\NE\1/4\, SE\1/ 240
4\NW\1/4\,E\1/2\SW\1
/4\
------------
Total................ 120.68.'';
and
(2) by adding at the end the following new subsection:
``(d) Claims Extinguished; Liability.--
``(1) Claims extinguished.--All claims to lands within the
State of 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 Act of July 22, 1790,
commonly known as the `Trade and Intercourse Act of 1790' (1
Stat. 137, chapter 33, section 4)).
``(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 entitled ``An Act to establish a
reservation for the Confederated Tribes of Siletz Indians of
Oregon, approved 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 the 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 United States 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 United
States Government 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 (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 (69 Stat. 539, chapter 615; 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 for fiscal year 1990 (pursuant to
Public Law 101-121), fiscal year 1991 (pursuant to the
Department of the Interior and Related Agencies
Appropriations Act, 1991 (Public Law 101-512)), and fiscal
year 1992 (pursuant to the Department of the Interior and
Related Agencies Appropriations Act, 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. RECOGNITION OF INDIAN COMMUNITY.
Section 10 of the Indian Law Technical Amendments of 1987
(Public Law 100-153) is amended--
(1) by striking ``The Frank's'' and inserting ``(a) Subject
to subsection (b), the Frank's'';
(2) by striking ``recognized as eligible'' and inserting
the following:
``recognized--
``(1) as eligible'';
(3) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following:
``(2) as a self-governing dependent Indian community that
is not subject to the jurisdiction of any federally
recognized tribe.
``(b)(1) Nothing in this section may be construed to alter
or affect the jurisdiction of the State of Washington under
section 1162 of title 18, United States Code.
``(2) Notwithstanding any other provision of law, the
Frank's Landing Indian Community shall not engage in any
class III gaming activity (as defined in section 3(8) of the
Indian Gaming Regulatory Act of 1988 (25 U.S.C. 2703(8)).''.
SEC. 9. 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. 10. TITLE I OF PUBLIC LAW 97-459, PERTAINING TO THE
DEVILS LAKE SIOUX TRIBE.
Paragraph (1) of section 108(a) of title I of Public Law
97-459 (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. 11. NORTHERN CHEYENNE LAND TRANSFER.
(a) In General.--Notwithstanding any contrary provision of
law, the Secretary of the Interior or an authorized
representative of the Secretary (referred to in this section
as the ``Secretary'') is hereby authorized and directed to
transfer by deed to Lame Deer High School District No. 6,
Rosebud County, Montana (referred to in this section as the
``School District''), all right, title, and interest of the
United States and the Northern Cheyenne Tribe (referred to in
this section as the ``Tribe'') in and to the lands described
in this subsection (referred to in this section as ``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) In general.--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 Public Law 90-424 (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 8 years after 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 8-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 (commenced before the date of enactment of this
Act and 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 (referred to in this section as the
``Superintendent's Approval''), the Tribe shall have the
right to replace the deed with a lease covering the Subject
Lands issued under section 1(a) of the Act of August 9, 1955
(69 Stat. 539, chapter 615; 25 U.S.C. 415(a)) having a term
of 25 years, with a right to renew for an additional 25
years.
(2) Conditions of lease.--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 8
years after 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 8-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, the Tribe 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. 12. INDIAN AGRICULTURE AMENDMENT.
(a) Leasing of Indian Agricultural Lands.--Section 105 of
the American Indian Agriculture Resource Management Act (25
U.S.C. 3715) 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 new paragraph:
``(5) shall approve leases and permits of tribally owned
agricultural lands at rates determined by the tribal
governing body.''; and
(2) in subsection (c), 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 new section:
``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. 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 ``December 31, 1994'' and inserting
``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 the National Defense Authorization Act
for Fiscal Year 1991 (10 U.S.C. 2301 note) or receipt of
assistance pursuant to any developmental assistance agreement
authorized under such program shall not render Indian labor
or Indian industry ineligible to receive any assistance
authorized under this section. For the purposes of this
section--
``(1) 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 section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (10
U.S.C. 2301 note); and
``(2) 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.
SEC. 16. ADVANCED TRAINING AND RESEARCH.
Section 111 of the Indian Health Care Improvement Act (25
U.S.C. 1616d) is amended--
(1) in subsection (a)--
(A) by striking ``who have worked in an Indian health
program (as defined in section 108(a)(2)) for a substantial
period of time''; and
(B) by adding at the end the following new sentence: ``In
selecting participants for a program established under this
subsection, the Secretary, acting through the Service, shall
give priority to applicants who are employed by the Indian
Health Service, Indian tribes, tribal organizations, and
urban Indian organizations, at the time of the submission of
the applications.''; and
(2) in subsection (b), by inserting after ``Indian health
program'' the following: ``(as defined in section
108(a)(2))''.
(d) Nursing Residency Program.--Section 118(b) of such Act
(25 U.S.C. 1616k(b)) is amended by inserting before the
period the following: ``or a Master's degree''.
SEC. 17. REDESIGNATION OF YAKIMA INDIAN NATION TO YAKAMA
INDIAN NATION.
(a) Redesignation.--The Confederated Tribes and Bands of
the Yakima Indian Nation shall be known and designated as the
``Confederated Tribes and Bands of the Yakama Indian
Nation''.
(b) References.--Any reference in a law (including any
regulation), map, document, paper, or other record of the
United States to Confederated Tribes and Bands of the Yakima
Indian Nation referred to in subsection (a) shall be deemed
to be a reference to the ``Confederated Tribes and Bands of
the Yakama Indian Nation''.
SEC. 18. EXPENDITURE OF JUDGMENT FUNDS.
Notwithstanding any other provision of law, or any
distribution plan approved pursuant to the Indian Tribal
Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et
seq.), the Secretary of the Interior may reprogram, in
accordance with the letter of Charles Dawes, the Chief of the
Ottowa Tribe of Oklahoma, to the Bureau of Indian Affairs,
Muskogee Area Office, dated September 21, 1993, and the
accompanying Resolution that was approved by the Business
Committee of the Ottawa Tribe of Oklahoma August 19, 1993,
the specific changes in the Secretarial Plan that became
effective on June 14, 1983, for the use of funds that were
awarded in satisfaction of judgments in final awards by the
Indian Claims Commission for claims with the following docket
numbers: 133-A, 133-B, 133-C, 302, and 338.
SEC. 19. APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
The activities of the Department of the Interior associated
with the Department's consultation with Indian organizations
related to the management by the United States for Indian
tribes shall be exempt from the Federal Advisory Committee
Act (5 U.S.C. App.).
SEC. 20. POKAGON POTAWATOMI MEMBERSHIP LIST.
The Act entitled ``An Act to restore Federal services to
the Pokagon Band of Potawatomi Indians'', approved September
21, 1994 (Public Law 103-323) is amended--
(1) by redesignating section 9 as section 10; and
(2) by inserting after section 8 the following new section:
``SEC. 9. MEMBERSHIP LIST.
``(a) List of Members as of September 1994.--Not later than
120 days after the date of enactment of this Act, the Bands
shall submit to the Secretary a list of all individuals who,
as of September 21, 1994, were members of the respective
Bands.
``(b) List of Individuals Eligible for Membership.--
``(1) In general.--Not later than 18 months after the date
of enactment of this Act, the Bands shall submit to the
Secretary membership rolls that contain the names of all
individuals eligible for membership in such Bands. Each such
Band, in consultation with the Secretary, shall determine
whether an individual is eligible for membership in the Band
on the basis of provisions in the governing documents of the
Band that determine the qualifications for inclusion in the
membership roll of the Band.
``(2) Publication of notice.--At such time as the rolls
have been submitted to the Secretary, the Secretary shall
immediately publish in the Federal Register a notice of such
rolls.
``(3) Maintenance of rolls.--The Bands shall ensure that
the rolls are maintained and kept current.''.
SEC. 21. ODAWA AND OTTAWA MEMBERSHIP LISTS.
The Little Traverse Bay Bands of Odawa and the Little River
Band of Ottawa Indians Act (Public Law 103-324) is amended by
adding at the end the following new section:
``SEC. 9. MEMBERSHIP LIST.
``(a) List of Present Membership.--Not later than 120 days
after the date of enactment of this Act, the Band shall
submit to the Secretary a list of all individuals who, as of
September 21, 1994, were members of the Band.
``(b) List of Individuals Eligible for Membership.--
``(1) In general.--Not later than 18 months after the date
of enactment of this Act, the Band shall submit to the
Secretary membership rolls that contain the names of all
individuals eligible for membership in such Band. The Band,
in consultation with the Secretary, shall determine whether
an individual is eligible for membership in the Band on the
basis of provisions in the governing documents of the Band
that determine the qualifications for inclusion in the
membership roll of the Band.
``(2) Publication of notice.--At such time as the rolls
have been submitted to the Secretary, the Secretary shall
immediately publish in the Federal Register a notice of such
rolls.
``(3) Maintenance of rolls.--The Band shall ensure that the
rolls are maintained and kept current.''.
SEC. 22. INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
ACT.
(a) In General.--The Indian Self-Determination Act is
amended--
(1) in section 107(b)(2) (25 U.S.C. 450k(b)(2)), by
striking ``Committee on Interior and Insular Affairs'' and
inserting ``Committee on Natural Resources'';
(2) in section 301 (25 U.S.C. 450f note), by striking
``eight'' and inserting ``18''; and
(3) in section 302(a) (25 U.S.C. 450f note), by striking
``The Secretaries'' and inserting ``For each fiscal year, the
Secretaries''.
(b) Advisory Committees.--The Indian Self-Determination and
Education Assistance Act Amendments of 1990 (title II of
Public Law 101-644) is amended by adding at the end the
following new section:
``SEC. 204. TRIBAL AND FEDERAL ADVISORY COMMITTEES.
``Notwithstanding any other provision of law (including any
regulation), the Secretary of the Interior and the Secretary
of Health and Human Services are authorized to jointly
establish and fund advisory committees or other advisory
bodies composed of members of Indian tribes or members of
Indian tribes and representatives of the Federal Government
to ensure tribal participation in the implementation of the
Indian Self-Determination and Education Assistance Act
(Public Law 93-638).''.
SEC. 23. CROW BOUNDARY SETTLEMENT.
Section 6(c) of the Crow Boundary Settlement Act of 1994 is
amended to read as follows:
``(c) Investment.--At the request of the Secretary, the
Secretary of the Treasury shall invest all sums deposited
into, accruing to, and remaining in, the Crow Tribal Trust
Fund in accordance with the first section of the Act of
February 12, 1929 (45 Stat. 1164, chapter 178, 25 U.S.C.
161a).''.
Amendment No. 2613
(Purpose: To make a technical correction)
Amendment No. 2614
(Purpose: To clarify statutory construction)
Mr. FORD. Mr. President, on behalf of Senator Inouye, I send two
technical amendments to the desk en bloc and ask for their immediate
consideration en bloc.
The PRESIDING OFFICER. The clerk will report the amendments.
The assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. Ford] for Mr. Inouye
proposes amendments en bloc numbered 2613 and 2614.
The PRESIDING OFFICER. If there is no objection to the amendments,
the amendments are agreed to.
So the amendments (No. 2613 and No. 2614) were agreed to, as follows:
Amendment No. 2613
In section 19--
(1) by inserting ``tribes and'' after ``Department's
consultation with Indian''; and
(2) by inserting ``of funds held in trust'' after ``related
to the management''.
____
Amendment No. 2614
On page 26, between lines 3 and 4, insert the following new
paragraph:
``(2) Nothing in this section may be construed to
constitute the recognition by the United States that the
Frank's Landing Indian Community is a federally recognized
Indian tribe.
On page 26, line 4, strike ``(2)'' and insert ``(3)''.
The PRESIDING OFFICER. Are there further amendments to be made from
the floor?
If not, the committee amendment is agreed to.
So the committee amendment, as amended, was agreed to.
The PRESIDING OFFICER. The bill is deemed read three times and
passed.
So the bill (H.R. 4709), as amended, was deemed read three times and
passed.
Mr. FORD. Mr. President, I move to reconsider the vote.
Mr. KEMPTHORNE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
____________________