[Congressional Record Volume 141, Number 170 (Tuesday, October 31, 1995)]
[Senate]
[Pages S16435-S16440]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               NATIVE AMERICAN TECHNICAL CORRECTIONS ACT

  Mr. SMITH. Mr. President, I ask unanimous consent the Senate proceed 
to the immediate consideration of Calendar No. 196, S. 325.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 325) to make certain technical corrections in 
     laws relating to native Americans and for other purposes.

  The Senate proceeded to consider the bill.


                           Amendment No. 3040

                   (Purpose: To provide a substitute)

  Mr. SMITH. Mr. President, I send an amendment to the desk on behalf 
of Senator McCain and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from New Hampshire [Mr. Smith], for Mr. McCain, 
     proposes an amendment numbered 3040.

  Mr. SMITH. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page S16436]]

  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. McCAIN. Mr. President, I rise today to express my support for S. 
325, a bill to make technical amendments to various laws affecting 
Native Americans and to urge its immediate adoption. This bill includes 
a number of provisions which address a wide range of Indian issues. I 
am joined by a number of Senators who have sponsored provisions which 
have been included in S. 325. I will briefly describe the provisions of 
S. 325 as amended. Section 1 of the bill makes technical corrections to 
section 9 of the Pokagon Potawatomi Restoration Act. These corrections 
would change the references in section 9 from plural to singular. 
Section 2 of S. 325 makes technical corrections to the Odawa and Ottawa 
Restoration Act. This section corrects all of the references in section 
9 by using the plural.
  The third section of S. 325 would address a longstanding problem in 
Indian policy. I have worked extensively with my good friend and 
colleague from Arizona, Senator Kyl, to repeal the Trading with Indians 
Act. The Trading with Indians Act was originally enacted in the 1800's 
to protect Indians from unscrupulous Indian agents and other Federal 
employees. The prohibitions in the Trading with Indians Act were 
designed to prevent Federal employees from using their positions of 
trust to engage in private business deals that exploited Indians. These 
prohibitions carried criminal penalties including a fine of up to 
$5,000 and removal from Federal employment. The Trading With Indians 
Act has had significant adverse impacts on employee retention in the 
Indian Health Service [IHS] and the Bureau of Indian Affairs [BIA]. The 
problems stemming from the Trading with Indians Act are well-
documented. Because the prohibitions in the Trading with Indians Act 
apply to the spouses of IHS and BIA employees, the adverse impacts are 
far-reaching. For example, if a spouse of an IHS employee is engaged in 
a business that is wholly-unrelated to the BIA or the IHS and does not 
transact business with the BIA or the IHS, the spouse is still in 
violation of the Trading with Indians Act. It is clear that although 
this statute served an admirable purpose in the 1800's, it has become 
anachronistic and should be repealed. The important policies reflected 
in the Trading with Indians Act are now covered by the Standards of 
Ethical Conduct for Employees of the Executive Branch.
  In addition, to the original sections of the bill there are a number 
of additional sections included in S. 325 at the request for a number 
of Indian tribes. Section 4 of the amendment corrects a citation in 
section 4 of the Indian Dams Safety Act of 1994. Section 5 of S. 325 
amends the Pascua Yaqui Indians Act to capitalize the words ``Pascua 
Yaqui Tribe.'' Section 6 amends section 3(7) of the Indian Lands Open 
Dump cleanup Act of 1994 to correct the citation to the Solid Waste 
Disposal Act. Section 7 of the bill amends the American Indian Trust 
Fund Management Reform Act of 1994 to correct a reference in section 
303(c) of the Act and to correct a typographical error in section 306 
of the Act. Section 8 of the bill makes several technical and 
conforming changes to the Indian Self-Determination and Education 
Assistance Act. Section 9 of the bill corrects a reference in section 
102 of the Indian Self-Determination Contract Reform Act of 1994. 
Section 10 of the bill corrects certain references in sections 203 and 
206 of the Auburn Indian Restoration Act. Section 11 of the bill amends 
the Crow Boundary Settlement Act of 1994 corrects several references in 
sections 5, 9, and 10 of the Act. Section 12 of S. 325 corrects a 
typographical error in section 205 of the Tlingit and Haida Status 
Clarification Act. Section 13 of the bill amends section 103 of the 
Native American Languages Act to correct several citations in the 
section. Section 14 of the bill amends section 5 of the Ponca 
Restoration Act to modify the service area of the Ponca Indian Tribe to 
include Indians living in Sarpy, Burt, Platte, Stanton, Hall, Holt, and 
Wayne counties in Nebraska and Indians living in Woodbury and 
Pottawattomie counties in Iowa. It has been estimated that there are 
110 Ponca tribal members living in these counties who are not currently 
eligible to receive services from the tribe. This amendment to the 
Ponca Restoration Act would make these members eligible for tribal 
services from the Ponca Tribe. I would like to recognize the leadership 
of the delegation from Nebraska, Senators Exon and Kerrey, who brought 
this provision to my attention and urged its inclusion in S. 325.
  Section 15 of S. 325 amends section 112 of the Yavapai-Prescott 
Indian Tribe Water Rights Settlement Act of 1994 to extend the time for 
the completion of the activities to be conducted by the parties to the 
settlement by six months. Under the original Act, the Secretary is 
required to publish in the Federal Register by December 31, 1995 a 
statement of findings that includes a finding that the contracts 
between the parties for Central Arizona Project water have been 
executed. Due to several unforeseen developments, the Department of the 
Interior, the Yavapai-Prescott Tribe, and the City of Prescott have 
requested an additional 6 months to finalize the agreements and publish 
the Secretary's findings in the Federal Register.
  Section 16 of the bill modifies the definition of the term Indian 
``Health Profession'' in the Indian Health Care Improvement Act. This 
modification will allow the Indian Health Service additional 
flexibility in awarding scholarships and offering loan repayment to 
individuals enrolled in degree programs in the health professions. As 
originally defined, the term health profession unnecessarily restricted 
the eligibility of individuals for scholarships. Subsection (b) amends 
section 104 of the Indian Health Care Improvement Act to make clear 
that an individual serving in an academic setting that is funded under 
sections 102, 112, or 114 of the Act who is responsible for the 
recruitment and training of Indian Health Professionals shall be 
considered to be meeting their service obligations under section 338A 
of the Public Health Service Act. This provision will allow an 
individual to meet their service obligation to the IHS by working at a 
university or other academic setting which is responsible for 
recruiting and training American Indians in the health professions. The 
amendment also clarifies that the Secretary may defer an individual's 
service obligations during the term of an internship, residency or 
other advanced clinical program. Further, subsection (b) provides that 
any obligation for service or payment by an individual to the IHS shall 
expire upon their death. It also authorizes the Secretary to waive or 
suspend a service or payment obligation upon the Secretary's 
determination that it would cause extreme hardship or to enforce such a 
requirement would be unconscionable. Finally, the provision makes clear 
the terms under which an individual's payment obligation may be 
discharged in a bankruptcy proceeding. Subsection (c) of this section 
clarifies certain provisions in section 206 of the Indian Health Care 
Improvement Act regarding the notice provisions for individuals in 
collection actions for services provided by IHS or tribal health 
facilities and recoverable costs in such a collection action and the 
right of the United States and Indian tribes to recover against an 
insurance company or employee benefit plan.

  Section 17 of the bill provides for the revocation of the charter of 
incorporation of the Minnesota Chippewa Tribe under the Indian 
Reorganization Act. The Minnesota Chippewa Tribe has requested the 
Congress to accept their surrender of the Corporate Charter of the 
Minnesota Chippewa. By its own terms, this chapter can only be revoked 
by Act of Congress. This provision would revoke the charter. I would 
like to express my appreciation to my good friend the Senator from 
Minnesota, Senator Wellstone for his hard work and diligence on behalf 
of the Minnesota Chippewa Tribe in advancing this amendment. Section 18 
of the bill amends section 533(c) of the Equity in Educational Land 
Grant Status Act of 1994 to clarify how the Indian student count shall 
be applied to the Tribally Controlled Community Colleges. Section 19 of 
S. 325 will amend the Advisory Council on California Indian Policy Act 
of 1992 to extend the term of the Advisory Council on California Indian 
Policy from 18 months to 36 months in order to allow them to complete 
their study of issues affecting California Indian tribes. Section 20 of 
the bill amends the San Carlos Apache Tribe Water Rights Settlement Act 
of 

[[Page S16437]]

1992 to extend the deadline for the parties to the settlement complete 
agreements between the San Carlos Apache Tribe, the Phelps-Dodge 
Corporation, and the Town of Globe for an additional year. This 
amendment would extend the deadline from December 31, 1995 to December 
31, 1996. The Department of the Interior, the San Carlos Apache Tribe 
and the other parties to the settlement have expressed their support 
for this provision.
  Section 21 of the bill amends section 401 of the Public Law 100-581, 
to provide the authority to the Army Corps of Engineers to provide 
funding for the operation and maintenance of in lieu fishing access 
sites on the Columbia River. Public Law 100-581 was enacted in 1988 to 
authorize the U.S. Army Corps of Engineers to develop 32 Indian fishing 
access sites along the Columbia River for the Warm Springs, Yakima, 
Umatilla, and Nez Perce tribes. These fishing sites were intended to 
compensate these Indian tribes for fishing sites which were lost due to 
the construction of several dams by the Army Corps of Engineers. In a 
June 25, 1995 Memorandum of Understanding between the Army Corps of 
Engineers and the Department of the Interior, the Corps agreed to a 
lump sum payment of funds to provide for the operation and maintenance 
of such sites. I would like to express my appreciation to the Senator 
from Oregon, Mr. Hatfield, for his leadership in advancing this 
provision. I have worked closely with him in ensuring that this 
provision is clarified and provides the necessary authority to ensure 
that these sites are adequately maintained.
  Section 22 of the bill provides authority to the Ponca Indian Tribe 
of Nebraska to utilize funds provided in prior fiscal years to acquire, 
develop, and maintain a transitional living facility for Indian 
adolescents. I understand that the Ponca Indian Tribe has worked 
closely with Senator Conrad, who has been the principal sponsor of this 
amendment. I would like to express my appreciation for the work of 
Senators Kyl, Thomas, Kerrey, Exon, Conrad, Hatfield, Wellstone, and 
Inouye in the development of many of these amendments and I urge my 
colleagues to support passage of S. 325.
  The PRESIDING OFFICER. If there be no further debate, the question is 
on agreeing to the amendment.
  The amendment (No. 3040) was agreed to.


                     treaty fishing site amendment

 Mr. HATFIELD. Mr. President, the relationship of the United 
States Government with Native American tribes has often been plagued by 
broken promises and unfinished tasks. Treaties with the four Columbia 
River fishing tribes, the Warm Springs, Umatillas, Yakima, and the Nez 
Perce guarantee them the right to fish in the Columbia River. When dams 
flooded out their fishing sites in the 1930's, the Federal Government 
agreed to provide 400 acres of new sites ``in lieu of those 
inundated.''
  Throughout the years, we have failed to make good on that commitment. 
About 40 acres have been provided, and these areas are in poor 
condition. In 1988, Congress remedied this dilemma by passing the 
Columbia River Treaty Fishing Access Sites Act. The Act requires the 
Army Corps of Engineers to rehabilitate the existing sites and develop 
new sites to the full 400 acres. Once developed the Corps is to 
transfer the sites to the Bureau of Indian Affairs as trustee for the 
tribes.
  Since fiscal year 1994, $7.8 million has been appropriated to the 
Corps for this purpose. Expenditure of this money has been stalled due 
to a disagreement between the Corps and the BIA over which would be 
responsible for operation and maintenance costs after the transfer. The 
two agencies have reached an agreement and my amendment will provide 
clear legislative authority for the Corps to transfer the Operation and 
Maintenance funds to the Bureau of Indian Affairs.
  I am pleased we have reached an agreement that is acceptable to all 
the parties involved and I am proud that we have fulfilled our 
commitment to the tribes.
  Mr. KYL. Mr. President, I rise in support of this legislation to make 
technical corrections in certain laws relating to Native Americans, 
particularly section 3 of the bill which would repeal the Trading With 
Indians Act.
  Mr. President, the Chairman of the Indian Affairs Committees, Senator 
McCain, and I began working for the repeal of the Trading With Indians 
Act during the last Congress. Senator McCain championed the issue in 
this body. I sponsored the companion bill while I was still serving in 
the House of Representatives. I want to thank the chairman for his 
continuing personal involvement, and for acting so promptly on the 
issue this year.
  The Trading With Indians Act was originally enacted in 1834, and it 
had a legitimate purpose at that time--to protect Native Americans from 
being unduly influenced by Federal employees.
  But, a law that started out with good intentions more than a century 
ago has become unnecessary and counterproductive today. It establishes 
a virtually absolute prohibition against commercial trading with 
Indians by employees of the Indian Health Service and Bureau of Indian 
Affairs. The prohibition extends to transactions in which a Federal 
employee has an interest, either in his or her own name, or in the name 
of another person, including a spouse, where the employee benefits or 
appears to benefit from such interest.
  The penalties for violations can be severe: a fine of not more than 
$5,000, or imprisonment for not more than 6 months, or both. The Act 
further provides that any employee who is found to be in violation 
should be terminated from Federal employment.
  This all means that employees could be subject to criminal penalties 
or fired from their jobs, not for any real or perceived wrongdoing on 
their part, but merely because they are married to individuals who may 
do business on an Indian reservation. The nexus of marriage is enough 
to invoke penalties. It means, for example, that an Indian Health 
Service employee, whose spouse operates a law firm on the Navajo 
Nation, could be fined, imprisoned, or fired. It means that a family 
member can't apply for a small business loan without jeopardizing the 
employee's job.
  Mr. President, in some cases, the Trading With Indians Act even 
threatens to break up Indian families. I ask unanimous consent that the 
text of a column, which Jack Anderson and Michael Binstein wrote on the 
subject in December of 1993, appear in the Record at the conclusion of 
my remarks.
  The protection that the Trading With Indians Act provided in 1834 can 
now be provided under the Standards of Ethical Conduct for Government 
Employees. The intent here is to provide adequate safeguards against 
conflicts of interest, while not unreasonably denying individuals and 
their families the ability to live and work--and create jobs--in their 
communities.
  Both Health and Human Services Secretary Donna Shalala and Interior 
Department Assistant Secretary Ada Deer have expressed support for the 
legislation to repeal the 1834 Act. Secretary Shalala, in a letter 
dated November 17, 1993, noted that repeal ``could improve the ability 
of IHS to recruit and retain medical professional employees in remote 
locations. It is more difficult for IHS to recruit and retain medical 
professionals to work in remote reservation facilities if their spouses 
are prohibited from engaging in business activities with the local 
Indian residents, particularly since employment opportunities for 
spouses are often very limited in these locations.''
  Let me cite one very specific case in which the law has come into 
play. It involved Ms. Karen Arviso, who served as the Navajo area IHS 
health promotion and disease prevention coordinator. Ms. Arviso was one 
of those people who played a particularly critical role during the 
outbreak of the hantavirus in the Navajo area several years ago. She 
put in long hours traveling to communities across the reservation in an 
effort to educate people about the mysterious disease.
  Instead of thanks for her dedication and hard work, Ms. Arviso 
received a notice that she was to be fired because her husband applied 
for a small business loan from the Bureau of Indian Affairs. The 
Trading With Indians Act would require it. What sense does that make?
  Mr. President, repeal of the Trading With Indians Act is long 
overdue. I hope we will pass this legislation today unanimously, and 
that the House will act on it promptly.

[[Page S16438]]

  I ask unanimous consent that the Anderson/Binstein column be printed 
in the Record.
  There being no objection, the column was ordered to be printed in the 
Record, as follows:

                [From the Washington Post, Dec. 6, 1993]

                  An Obsolete Law Endangers a Marriage

                (By Jack Anderson and Michael Binstein)

       This fall, Albert Hale nearly decided to make what he 
     regarded as the ultimate sacrifice for his beloved wife of 
     five years: divorce her.
       I don't want my wife to go to jail,'' Hale said. ``If I can 
     save her from going to jail by divorcing her then that's a 
     real option.''
       The possibility made the Hales heartsick, and left their 
     young daughter--who overheard one of their hushed 
     discussions--distraught. But a 160-year-old federal law 
     offered little latitude. The Trading with Indians Act of 1834 
     carries a six-month jail sentence and/or up to a $5,000 fine, 
     and the ``case'' against Regina Hale appeared to be open and 
     shut. If there's a lesson, it may be that old and obsolete 
     laws die hard.
       The law prohibits all ``commercial'' trading with American 
     Indians by Indian Health Service or Bureau of Indian Affairs 
     employees or ``in the name of a family member or spouse'' of 
     an employee.
       An IHS official told us there weren't many violations of 
     the law until the government started hiring greater numbers 
     of Native Americans whose spouses often work on the 
     reservations and own businesses. The two main employers on 
     most reservations are the tribal government and the federal 
     government.
       Albert and Regina Hale are American Indians who were born 
     and reared on the Navajo reservation in Window Rock, Ariz. 
     She is now employed as a personnel staffing assistant for the 
     IHS. He has practiced law on the reservation since 1972. They 
     are raising Regina's 9-year-old daughter in their own house 
     on a 1\1/2\-acre lot on the reservation, because that's 
     ``where we're from.''
       There they lived as a normal happy family, until one 
     morning when Regina opened the mail and discovered that the 
     marriage rendered her in ``violation'' of the Trading with 
     Indians Act and would be ``cause for severe disciplinary 
     action, as well as criminal penalties.''
       ``We were appalled by the letter . . . but what do you do? 
     How do you as a married couple resolve this? Maybe the best 
     thing to do is get divorced,'' Albert Hale told our 
     associate, Andrew Conte.
       When the law was enacted, Congress feared that non-Indian 
     officials of the War Department would set up shops on the 
     reservations to fleece Indians of the funds they received 
     from the government. Nearly 160 years later, this dusty 
     relic is haunting Regina and Albert Hale, as well as other 
     Indian couples who work for the IHS or the BIA and who own 
     businesses on reservations.
       In another case, Karen Arviso, who worked last summer in 
     Crownpoint, N.M., as a community outreach worker to help 
     locate the causes of a mysterious fatal virus in the 
     Southwest, almost lost her job because of the law. When her 
     husband applied for a loan at the BIA to open a gas station 
     on the Navajo reservation, IHS informed her that she would 
     have to resign if he started the business.
       ``This is one of those anachronisms,'' Rep. Jon Kyl (R-
     Ariz.) told us. ``The law was needed back 150 years ago, but 
     now you don't need it. This is just one of those things we 
     ought to get off the books because unfortunately real people 
     are in violation of real law and we don't intend for that 
     situation to exist.''
       Kyl and Sen. John McCain (R-Ariz.) are leading the crusade 
     to repeal the law in Congress.
       Though the law has seldom been enforced this century, the 
     few instances in which it has been invoked caused 
     inconvenience rather than imprisonment.
       In the early 1980s, an assistant secretary of BIA who 
     wanted to rent his house to an Indian was prevented from 
     doing so. An official at IHS told us other employees of that 
     agency had been prevented from selling Avon products in 
     predominantly Indian neighborhoods.
       Health and Human Services Secretary Donna E. Shalala has 
     promised not to fire or prosecute IHS employees because of 
     violations, but word has apparently not reached Arizona. An 
     IHS official there said ``they haven't heard anything'' about 
     not prosecuting the cases and therefore the Hales and the 
     handful of other people affected by the law are ``still under 
     the gun.''
       Regina Hale promises to fight.
       ``My daughter heard us the other night talking about 
     getting a divorce and she . . . started to cry because she 
     didn't understand,'' she said. ``We're going to live through 
     this and we're going to fight.''

  Mr. SMITH. I ask unanimous consent the bill be deemed read a third 
time and passed as amended, the motion to reconsider be laid upon the 
table, and any statements relating to the bill be placed at the 
appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 325) was deemed read the third time and passed, as 
follows:

                                 S. 325

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

     SECTION 1. CORRECTION TO POKAGON RESTORATION ACT.

       Section 9 of the Act entitled ``An Act to restore Federal 
     services to the Pokagon Band of Potawatomi Indians'' (25 
     U.S.C. 1300j-7a) is amended--
       (1) by striking ``Bands'' each place it appears and 
     inserting ``Band'';
       (2) in subsection (a), by striking ``respective''; and
       (3) in subsection (b)--
       (A) in paragraph (1)--
       (i) in the first sentence--

       (I) by striking ``membership rolls that contain'' and 
     inserting ``a membership roll that contains''; and
       (II) by striking ``in such'' and inserting ``in the''; and

       (ii) in the second sentence, by striking ``Each such'' and 
     inserting ``The'';
       (B) in paragraph (2)--
       (i) by striking ``rolls have'' and inserting ``roll has''; 
     and
       (ii) by striking ``such rolls'' and inserting ``such 
     roll'';
       (C) in the heading for paragraph (3), by striking ``rolls'' 
     and inserting ``roll''; and
       (D) in paragraph (3), by striking ``rolls are maintained'' 
     and inserting ``roll is maintained''.

     SEC. 2. CORRECTION TO ODAWA AND OTTAWA RESTORATION ACT.

       (a) Reaffirmation of Rights.--The heading of section 5(b) 
     of the Little Traverse Bay Bands of Odawa and the Little 
     River Band of Ottawa Indians Act (25 U.S.C. 1300k-3) is 
     amended by striking ``Tribe'' and inserting ``Bands''.
       (b) Membership List.--Section 9 of the Little Traverse Bay 
     Bands of Odawa and the Little River Band of Ottawa Indians 
     Act (25 U.S.C. 1300k-7) is amended--
       (1) in subsection (a)--
       (A) by striking ``Band'' the first place it appears and 
     inserting ``Bands''; and
       (B) by striking ``the Band.'' and inserting ``the 
     respective Bands.''; and
       (2) in subsection (b)(1)--
       (A) in the first sentence, by striking ``the Band shall 
     submit to the Secretary membership rolls that contain the 
     names of all individuals eligible for membership in such 
     Band'' and inserting ``each of the Bands shall submit to the 
     Secretary a membership roll that contains the names of all 
     individuals that are eligible for membership in such Band''; 
     and
       (B) in the second sentence, by striking ``The Band, in 
     consultation'' and inserting ``Each such Band, in 
     consultation''.

     SEC. 3. FEDERAL EMPLOYEES CONTRACTING OR TRADING WITH 
                   INDIANS.

       (a) Repeal.--Section 437 of title 18, United States Code, 
     is repealed.
       (b) Conforming Amendment.--The table of sections at the 
     beginning of chapter 23 of title 18, United States Code, is 
     amended by striking the item relating to section 437.
       (c) Effective Date.--The repeal made by subsection (a) 
     shall--
       (1) take effect on the date of enactment of this Act; and
       (2) apply with respect to any contract obtained, and any 
     purchase or sale occurring, on or after the date of enactment 
     of this Act.

     SEC. 4. INDIAN DAMS SAFETY ACT OF 1994.

       Section 4(h) of the Indian Dams Safety Act of 1994 (108 
     Stat. 1562) is amended by striking ``(under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)), as amended,'' and inserting ``under the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450 et seq.)''.

     SEC. 5. PASCUA YAQUI INDIANS OF ARIZONA.

       Section 4(b) of the Act entitled ``An Act to provide for 
     the extension of certain Federal benefits, services, and 
     assistance to the Pascua Yaqui Indians of Arizona, and for 
     other purposes'' (25 U.S.C. 1300f-3(b)) is amended by 
     striking ``Pascua Yaqui tribe'' and inserting ``Pascua Yaqui 
     Tribe''.

     SEC. 6. INDIAN LANDS OPEN DUMP CLEANUP ACT OF 1994.

       Section 3(7) of the Indian Lands Open Dump Cleanup Act of 
     1994 (108 Stat. 4165) is amended by striking ``under section 
     6944 of the Solid Waste Disposal Act (42 U.S.C. 6941 et 
     seq.)'' and inserting ``under section 4004 of the Solid Waste 
     Disposal Act (42 U.S.C. 6944)''.

     SEC. 7. AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM ACT OF 
                   1994.

       (a) Maintenance of Records.--Section 303(c)(5)(D) of the 
     American Indian Trust Fund Management Reform Act of 1994 (108 
     Stat. 4247) is amended by striking ``made under paragraph 
     (3)(B)'' and inserting ``made under subparagraph (C)''.
       (b) Advisory Board.--Section 306(d) of the Indian Trust 
     Fund Management Reform Act (25 U.S.C. 4046(d)) is amended by 
     striking ``Advisory Board'' and inserting ``advisory board''.

     SEC. 8. INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE 
                   ACT.

       (a) Definitions.--Section 4(j) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(j)) is amended by striking ``That except as provided the 
     last proviso in section 105(a) of this Act,'' and inserting 
     ``That except as provided in paragraphs (1) and (3) of 
     section 105(a),''.
       (b) Carryover Funding.--Section 8 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 13a) is 
     amended by striking ``the provisions of section 106(a)(3)'' 
     and inserting ``the provisions of section 106(a)(4)''.

[[Page S16439]]

       (c) Repayment of Funds.--Section 5(d) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450c(d)) is amended by striking ``106(a)(3) of this Act'' and 
     inserting ``106(a)(4)''.
       (d) Self-Determination Contracts.--The first sentence of 
     the flush material immediately following subparagraph (E) of 
     section 102(a)(2) of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450f(a)(2)) is amended by 
     striking ``the second sentence of this subsection'' and 
     inserting ``the second sentence of this paragraph''.
       (e) Contract or Grant Provisions and Administration.--
     Section 105(a)(3)(C)(ii) of the Indian Self-Determination and 
     Education Assistance Act (42 U.S.C. 450j(a)(3)(C)(ii)) is 
     amended--
       (1) in subclause (VII), by striking ``chapter 483'' and 
     inserting ``chapter 482''; and
       (2) in subclause (IX), by striking ``The Service Control 
     Act of 1965'' and inserting ``The Service Contract Act of 
     1965''.
       (f) Approval of Construction Contracts.--Section 
     105(m)(4)(C)(v) of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450j(m)(4)(C)(v)) is 
     amended by striking ``sections 102(a)(2) and 102(b) of 
     section 102'' and inserting ``subsections (a)(2) and (b) of 
     section 102''.

     SEC. 9. INDIAN SELF-DETERMINATION CONTRACT REFORM ACT OF 
                   1994.

       Section 102(11) of the Indian Self-Determination Contract 
     Reform Act of 1994 (108 Stat. 4254) is amended by striking 
     ``subsection (e)'' and inserting ``subsection (e) of section 
     105''.

     SEC. 10. AUBURN INDIAN RESTORATION.

       (a) Economic Development.--Section 203 of the Auburn Indian 
     Restoration Act (25 U.S.C. 1300l-1) is amended--
       (1) in subsection (a)(2), by striking ``as provided in 
     section 107'' and inserting ``as provided in section 207''; 
     and
       (2) in subsection (b), by striking ``section 104'' and 
     inserting ``section 204''.
       (b) Interim Government.--The last sentence of section 206 
     of the Auburn Indian Restoration Act (25 U.S.C. 1300l-4) is 
     amended by striking ``Interim council'' and inserting 
     ``Interim Council''.

     SEC. 11. CROW BOUNDARY SETTLEMENT ACT OF 1994.

       (a) Enforcement.--Section 5(b)(3) of the Crow Boundary 
     Settlement Act of 1994 (108 Stat. 4636) is amended by 
     striking ``provisions of subsection (b)'' and inserting 
     ``provisions of this subsection''.
       (b) Applicability.--Section 9 of the Crow Boundary 
     Settlement Act of 1994 (108 Stat. 4640) is amended by 
     striking ``The Act'' and inserting ``This Act''.
       (c) Escrow Funds.--Section 10(b) of the Crow Boundary 
     Settlement Act of 1994 (108 Stat. 4641) is amended by 
     striking ``(collectively referred to in this subsection as 
     the `Suspension Accounts')'' and inserting ``(collectively 
     referred to in this section as the `Suspension Accounts')''.

     SEC. 12. TLINGIT AND HAIDA STATUS CLARIFICATION ACT.

       The first sentence of section 205 of the Tlingit and Haida 
     Status Clarification Act (25 U.S.C. 1215) is amended by 
     striking ``Indian tribes'' and inserting ``Indian Tribes''.

     SEC. 13. NATIVE AMERICAN LANGUAGES ACT.

       Section 103 of the Native American Languages Act (25 U.S.C. 
     2902) is amended--
       (1) in paragraph (2), by striking ``under section 5351(4) 
     of the Indian Education Act of 1988 (25 U.S.C. 2651(4))'' and 
     inserting ``under section 9161(4) of the Improving America's 
     Schools Act of 1994 (20 U.S.C. 7881(4))''; and
       (2) in paragraph (3), by striking ``section 4009 of Public 
     Law 100-297 (20 U.S.C. 4909)'' and inserting ``section 
     9212(1) of the Improving America's Schools Act of 1994 (20 
     U.S.C. 7912(1))''.

     SEC. 14. PONCA RESTORATION ACT.

       Section 5 of the Ponca Restoration Act (25 U.S.C. 983c) is 
     amended--
       (1) by inserting ``Sarpy, Burt, Platte, Stanton, Holt, 
     Hall, Wayne,'' before ``Knox''; and
       (2) by striking ``or Charles Mix County'' and inserting ``, 
     Woodbury or Pottawattomie Counties of Iowa, or Charles Mix 
     County''.

     SEC. 15. YAVAPAI-PRESCOTT INDIAN TRIBE WATER RIGHTS 
                   SETTLEMENT ACT OF 1994.

       Section 112(b) of the Yavapai-Prescott Indian Tribe Water 
     Rights Settlement Act of 1994 (108 Stat. 4532) is amended by 
     striking ``December 31, 1995'' and inserting ``June 30, 
     1996''.

     SEC. 16. INDIAN HEALTH CARE IMPROVEMENT ACT.

       (a) Definition of Health Profession.--Section 4(n) of the 
     Indian Health Care Improvement Act (25 U.S.C. 1603(n)) is 
     amended--
       (1) by inserting ``allopathic medicine,'' before ``family 
     medicine''; and
       (2) by striking ``and allied health professions'' and 
     inserting ``an allied health profession, or any other health 
     profession.''.
       (b) Indian Health Professions Scholarships.--Section 104(b) 
     of the Indian Health Care Improvement Act (25 U.S.C. 
     1613a(b)) is amended--
       (1) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) by striking the matter preceding clause (i) and 
     inserting the following:
       ``(3)(A) The active duty service obligation under a written 
     contract with the Secretary under section 338A of the Public 
     Health Service Act (42 U.S.C. 254l) that an individual has 
     entered into under that section shall, if that individual is 
     a recipient of an Indian Health Scholarship, be met in full-
     time practice, by service--'';
       (ii) by striking ``or'' at the end of clause (iii);
       (iii) by striking the period at the end of clause (iv) and 
     inserting ``; or''; and
       (iv) by adding at the end the following new clause:
       ``(v) in an academic setting (including a program that 
     receives funding under section 102, 112, or 114, or any other 
     academic setting that the Secretary, acting through the 
     Service, determines to be appropriate for the purposes of 
     this clause) in which the major duties and responsibilities 
     of the recipient are the recruitment and training of Indian 
     health professionals in the discipline of that recipient in a 
     manner consistent with the purpose of this title, as 
     specified in section 101.'';
       (B) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively;
       (C) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) At the request of any individual who has entered into 
     a contract referred to in subparagraph (A) and who receives a 
     degree in medicine (including osteopathic or allopathic 
     medicine), dentistry, optometry, podiatry, or pharmacy, the 
     Secretary shall defer the active duty service obligation of 
     that individual under that contract, in order that such 
     individual may complete any internship, residency, or other 
     advanced clinical training that is required for the practice 
     of that health profession, for an appropriate period (in 
     years, as determined by the Secretary), subject to the 
     following conditions:
       ``(i) No period of internship, residency, or other advanced 
     clinical training shall be counted as satisfying any period 
     of obligated service that is required under this section.
       ``(ii) The active duty service obligation of that 
     individual shall commence not later than 90 days after the 
     completion of that advanced clinical training (or by a date 
     specified by the Secretary).
       ``(iii) The active duty service obligation will be served 
     in the health profession of that individual, in a manner 
     consistent with clauses (i) through (v) of subparagraph 
     (A).'';
       (D) in subparagraph (C), as so redesignated, by striking 
     ``prescribed under section 338C of the Public Health Service 
     Act (42 U.S.C. 254m) by service in a program specified in 
     subparagraph (A)'' and inserting ``described in subparagraph 
     (A) by service in a program specified in that subparagraph''; 
     and
       (E) in subparagraph (D), as so redesignated--
       (i) by striking ``Subject to subparagraph (B),'' and 
     inserting ``Subject to subparagraph (C),''; and
       (ii) by striking ``prescribed under section 338C of the 
     Public Health Service Act (42 U.S.C. 254m)'' and inserting 
     ``described in subparagraph (A)'';
       (2) in paragraph (4)--
       (A) in subparagraph (B), by striking the matter preceding 
     clause (i) and inserting the following:
       ``(B) the period of obligated service described in 
     paragraph (3)(A) shall be equal to the greater of--''; and
       (B) in subparagraph (C), by striking ``(42 U.S.C. 
     254m(g)(1)(B))'' and inserting ``(42 U.S.C. 254l(g)(1)(B))'';
       (3) in paragraph (5), by adding at the end the following 
     new subparagraphs:
       ``(C) Upon the death of an individual who receives an 
     Indian Health Scholarship, any obligation of that individual 
     for service or payment that relates to that scholarship shall 
     be canceled.
       ``(D) The Secretary shall provide for the partial or total 
     waiver or suspension of any obligation of service or payment 
     of a recipient of an Indian Health Scholarship if the 
     Secretary determines that--
       ``(i) it is not possible for the recipient to meet that 
     obligation or make that payment;
       ``(ii) requiring that recipient to meet that obligation or 
     make that payment would result in extreme hardship to the 
     recipient; or
       ``(iii) the enforcement of the requirement to meet the 
     obligation or make the payment would be unconscionable.
       ``(E) Notwithstanding any other provision of law, in any 
     case of extreme hardship or for other good cause shown, the 
     Secretary may waive, in whole or in part, the right of the 
     United States to recover funds made available under this 
     section.
       ``(F) Notwithstanding any other provision of law, with 
     respect to a recipient of an Indian Health Scholarship, no 
     obligation for payment may be released by a discharge in 
     bankruptcy under title 11, United States Code, unless that 
     discharge is granted after the expiration of the 5-year 
     period beginning on the initial date on which that payment is 
     due, and only if the bankruptcy court finds that the 
     nondischarge of the obligation would be unconscionable.''.
       (c) Reimbursement From Certain Third Parties of Costs of 
     Health Services.--Section 206 of the Indian Health Care 
     Improvement Act (16 U.S.C. 1621e) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``Except as provided'' and inserting ``(a) 
     Right of Recovery.--Except as provided'';
       (ii) by striking ``the reasonable expenses incurred'' and 
     inserting ``the reasonable charges billed'';
       (iii) by striking ``in providing'' and inserting ``for 
     providing''; and
       (iv) by striking ``for such expenses'' and inserting ``for 
     such charges''; and
       (B) in paragraph (2), by striking ``such expenses'' each 
     place it appears and inserting ``such charges'';

[[Page S16440]]

       (2) in subsection (b), by striking ``(b) Subsection (a)'' 
     and inserting ``(b) Recovery Against State With Workers' 
     Compensation Laws or No-Fault Automobile Accident Insurance 
     Program.--Subsection (a)'';
       (3) in subsection (c), by striking ``(c) No law'' and 
     inserting ``(c) Prohibition of State Law or Contract 
     Provision Impediment to Right of Recovery.--No law'';
       (4) in subsection (d), by striking ``(d) No action'' and 
     inserting ``(d) Right to Damages.--No action'';
       (5) in subsection (e)--
       (A) in the matter preceding paragraph (1), by striking 
     ``(e) The United States'' and inserting ``(e) Intervention or 
     Separate Civil Action.--The United States''; and
       (B) by striking paragraph (2) and inserting the following 
     new paragraph:
       ``(2) while making all reasonable efforts to provide notice 
     of the action to the individual to whom health services are 
     provided prior to the filing of the action, instituting a 
     civil action.'';
       (6) in subsection (f), by striking ``(f) The United 
     States'' and inserting ``(f) Services Covered Under a Self-
     Insurance Plan.--''; and
       (7) by adding at the end the following new subsections:
       ``(g) Costs of Action.--In any action brought to enforce 
     this section, the court shall award any prevailing plaintiff 
     costs, including attorneys' fees that were reasonably 
     incurred in that action.
       ``(h) Right of Recovery for Failure To Provide Reasonable 
     Assurances.--The United States, an Indian tribe, or a tribal 
     organization shall have the right to recover damages against 
     any fiduciary of an insurance company or employee benefit 
     plan that is a provider referred to in subsection (a) who--
       ``(1) fails to provide reasonable assurances that such 
     insurance company or employee benefit plan has funds that are 
     sufficient to pay all benefits owed by that insurance company 
     or employee benefit plan in its capacity as such a provider; 
     or
       ``(2) otherwise hinders or prevents recovery under 
     subsection (a), including hindering the pursuit of any claim 
     for a remedy that may be asserted by a beneficiary or 
     participant covered under subsection (a) under any other 
     applicable Federal or State law.''.

     SEC. 17. REVOCATION OF CHARTER OF INCORPORATION OF THE 
                   MINNESOTA CHIPPEWA TRIBE UNDER THE INDIAN 
                   REORGANIZATION ACT.

       The request of the Minnesota Chippewa Tribe to surrender 
     the charter of incorporation issued to that tribe on 
     September 17, 1937, pursuant to section 17 of the Act of June 
     18, 1934, commonly known as the ``Indian Reorganization Act'' 
     (48 Stat. 988, chapter 576; 25 U.S.C. 477) is hereby accepted 
     and that charter of incorporation is hereby revoked.

     SEC. 18. LAND GRANT STATUS FOR 1994 INSTITUTIONS.

       Section 533(c) of the Equity in Educational Land-Grant 
     Status Act of 1994 (7 U.S.C. 301 note) is amended--
       (1) in paragraph (4)(A), by striking the ``Indian student 
     count (as defined in section 390(3) of the Carl D. Perkins 
     Vocational and Applied Technology Education Act (20 U.S.C. 
     2397h(3))'' and inserting ``Indian student count, as 
     determined under paragraph (5)''; and
       (2) by adding at the end the following new paragraph:
       ``(5) Indian student count.--For purposes of paragraph (4), 
     the Indian student count shall be--
       ``(A) for the 1994 Institutions listed in paragraphs (24), 
     (25), and (27) of section 522, determined for those 
     institutions in the same manner as an Indian student count is 
     determined for tribally controlled community colleges 
     pursuant to the definition of `Indian student count' under 
     section 2(7) of the Tribally Controlled Community College 
     Assistance Act of 2978 (25 U.S.C. 1801(7)); and
       ``(B) for all of the remaining 1994 Institutions listed in 
     section 522, determined in accordance with the definition of 
     `Indian student count' under section 390(3) of the Carl D. 
     Perkins Vocational and Applied Technology Education Act (20 
     U.S.C. 2397h(3)).''.

     SEC. 19. ADVISORY COUNCIL ON CALIFORNIA INDIAN POLICY ACT OF 
                   1992.

       Section 5(6) of the Advisory Council on California Indian 
     Policy Act of 1992 (106 Stat. 2133; 25 U.S.C. 651 note) is 
     amended by striking ``18 months'' and inserting ``36 
     months''.

     SEC. 20. SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT ACT 
                   OF 1992.

       Section 3711(b)(1) of the San Carlos Apache Tribe Water 
     Rights Settlement Act of 1992 (title XXXVII of Public Law 
     102-575) is amended by striking ``December 31, 1995'' and 
     inserting ``December 31, 1996''.

     SEC. 21. IN-LIEU FISHING SITE TRANSFER AUTHORITY.

       Section 401 of Public Law 100-581 (102 Stat. 2944-2945) is 
     amended by adding at the end the following new subsection:
       ``(g) The Secretary of the Army is authorized to transfer 
     funds to the Department of the Interior to be used for 
     purposes of the continued operation and maintenance of sites 
     improved or developed under this section.''.

     SEC. 22. ADOLESCENT TRANSITIONAL LIVING FACILITY.

       Notwithstanding any other provision of law, any funds that 
     were provided to the Ponca Indian Tribe of Nebraska for any 
     of the fiscal years 1992 through 1995, and that were retained 
     by that Indian tribe, pursuant to a self-determination 
     contract with the Secretary of Health and Human Services that 
     the Indian tribe entered into under section 102 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450f) to carry out programs and functions of the Indian 
     Health Service may be used by that Indian tribe to acquire, 
     develop, and maintain a transitional living facility for 
     adolescents, including land for that facility.

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