[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.

                          ____________________