[Congressional Record Volume 142, Number 8 (Tuesday, January 23, 1996)]
[House]
[Pages H763-H765]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       TECHNICAL CORRECTIONS IN LAWS RELATING TO NATIVE AMERICANS

  Mr. GALLEGLY. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2726) to make certain technical corrections in laws relating 
to Native Americans, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 2726

         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 Indians 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. INDIAN DAMS SAFETY ACT OF 1994.

       Section 4(h) of the Indian Dams Safety Act of 1994 (25 
     U.S.C. 3803(h); 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. 4. 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. 5. INDIAN LANDS OPEN DUMP CLEANUP ACT OF 1994.

       Section 3(7) of the Indian Lands Open Dump Cleanup Act of 
     1994 (25 U.S.C. 3902(7); 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. 6. 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 (25 
     U.S.C. 4043(c)(5)(D); 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 of 1994 (25 U.S.C. 4046(d); 108 
     Stat. 4249) is amended by striking ``Advisory Board'' and 
     inserting ``advisory board''.

     SEC. 7. 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. 8. 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. 9. CROW BOUNDARY SETTLEMENT ACT OF 1994.

       (a) Enforcement.--Section 5(b)(3) of the Crow Boundary 
     Settlement Act of 1994 (25 U.S.C. 1776c(b)(3); 108 Stat. 
     4636) is amended by striking ``provisions of subsection (b)'' 
     and inserting ``provisions of this subsection''.
       (b) Applicability.--Section 9(a) of the Crow Boundary 
     Settlement Act of 1994 (25 U.S.C. 1776g(a); 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 (25 U.S.C. 1776h(b); 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. 10. 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. 11. 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 Elementary and 
     Secondary Education Act of 1965 (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 Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7912(1))''.

     SEC. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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.
     
[[Page H764]]


     SEC. 17. EXPENDITURE OF MESCALERO APACHE TRIBE 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 Resolutions, approved by the Mescalero 
     Apache Tribal Council on January 24, 1995, any and all 
     remaining funds (principal and interest accounts) regarding 
     specific changes in the Secretarial Plans for the use of the 
     funds in Docket Nos. 22-G, 30, 48, 30-A, and 48-A, awarded in 
     satisfaction of the judgments by the Indian Claims 
     Commission.

     SEC. 18. ESTABLISHMENT OF A BAND ROLL.

       Section 5(d)(2) of the Lac Vieux Desert Band of Lake 
     Superior Chippewa Indians Act (25 U.S.C. 1300h-3(d)(2); 102 
     Stat. 1578) is amended--
       (1) by inserting ``and base roll'' after ``requirement''; 
     and
       (2) by striking ``modification is'' and inserting 
     ``modifications are''.

     SEC. 19. OPTION TO INCORPORATE SELF-DETERMINATION PROVISIONS 
                   INTO SELF-GOVERNANCE.

       Section 403 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 458cc) is amended by adding the 
     following new subsection:
       ``(l) Incorporate Self-Determination Provisions.--At the 
     option of a participating tribe or tribes, any or all 
     provisions of title I of this Act shall be made part of an 
     agreement entered into under title III of this Act or this 
     title. The Secretary is obligated to include such provisions 
     at the option of the participating tribe or tribes. If such 
     provision is incorporated it shall have the same force and 
     effect as if set out in full in title III or this title.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California [Mr. Gallegly] and the gentleman from American Samoa [Mr. 
Faleomavaega] will each be recognized for 20 minutes.
  The Chair recognizes the gentleman from California [Mr. Gallegly].
  Mr. GALLEGLY. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. GALLEGLY asked and was given permission to revise and extend his 
remarks.)
  Mr. GALLEGLY. Mr. Speaker, H.R. 2726 contains 19 sections which I 
will try to summarize briefly.
  The first 11 sections make various technical corrections to existing 
Indian-related statutes. Typographical errors are corrected, words are 
capitalized, and so forth.
  Section 12 modifies the service area of the Ponca Indian Tribe to 
include Indians living in certain counties near its reservation;
  Section 13 accepts the surrender of an unused tribal charter of 
incorporation;
  Section 14 extends the term of the Advisory Council on California 
Indian Policy;
  Section 15 grants authority to the Army Corps of Engineers to provide 
funding to the Department of the Interior for the operation and 
maintenance of certain in lieu fishing access sites which have been 
constructed;
  Section 16 provides authority to the Ponca Indian Tribe to utilize 
funds to acquire, develop, and maintain a transitional living facility 
for Indian adolescents;
  Section 17 provides authority to the Secretary of the Interior to 
reprogram certain funds, awarded to the Mescalero Apache Tribe, as 
requested by the Tribe;
  Section 18 provides to the Lac Vieux Desert Band of Lake Superior 
Chippewa Indians authority to amend its base membership roll; and
  Section 19 amends the Indian Self-Determination and Education 
Assistance Act to provide that participating tribes may elect to 
include, in Title III and Title IV Self-Governance compacts, any or all 
provisions of Title I, which deals with Public Law 93-638 contracts.
  In conclusion, Mr. Speaker, let me point out that the other body has 
passed and sent to us legislation quite similar to H.R. 2726. The 
Committee on Resources marked up and reported H.R. 2726 to the floor by 
unanimous vote.
  I recommend a favorable vote on H.R. 2726.
  Mr. Speaker. I reserve the balance of my time.
  Mr. FALEMOVAEGA. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. FALEMOVAEGA asked and was given permission to revise and extend 
his remarks.)
  Mr. FALEOMAVAEGA. Mr. Speaker, again in the spirit of bipartisanship, 
I commend my good friend, the gentleman from California [Mr. Gallegly], 
chairman of the subcommittee, for bringing this bill to the floor.
  Mr. Speaker, the bill before us today, H.R. 2726, contains 19 
technical amendments that, for the most part, correct grammatical 
oversights or incorrect statutory references in Indian-related laws.
  I would like to note two of the changes made by this bill. The first, 
contained in section 19, will make it easier for Indian tribes to carry 
out Self-Goverance compacts under the Indian Self-Determination Act. 
Mr. Speaker, the Indian Self-Determination Act is one of the most 
important acts passed by Congress for Indians and has enabled tribes to 
carry out governmental activities and become more self-sufficient. The 
second change is contained in section 14, which extends by 18 months 
the life of the Advisory Council of California Indian Policy, a body 
created through legislation sponsored by the ranking member of the 
Committee on Resources, the gentleman from California, George Miller.
  I would like to commend my colleague, Chairman Gallegly and his staff 
for their work on this bill. I have always been proud of the fact that 
both sides of our committee have always worked together on Indian 
issues. I am sure that we will continue to do so in the future.
  The Self-Governance amendment, which has been requested and is 
supported by the Indian tribes, would correct an oversight in last 
year's amendments to the Self-Governance program.
  Last year, Congress chose to respond to the six-year resistance of 
the Bureau of Indian Affairs and the Indian Health Service to 
streamlining the ``638'' contracting process by amending the Indian 
Self-Determination and Education Assistance Act. The 1994 amendments 
further streamlining the ``638'' contracting and made permanent the 
Self-Governance program. The 1994 amendments also required the agencies 
to negotiate new regulations by mid 1996 with the Indian tribes to 
carry out the amendments.
  Since the passage of the 1994 Amendments, however, the Departments of 
the Interior and Health and Human Services have not interpreted and 
implemented all portions of the Act in accordance with Congressional 
intent.
  Specifically, the two departments have taken the position that 
certain beneficial provisions of Title I, governing Self-Determination 
or ``638'' contracts, may not be included in Title III or IV Self-
Governance compacts and annual funding agreements. In addition, the 
position of the two departments has not always been consistent, so that 
in certain instances, one department has permitted inclusion of a Self-
Governance clause reflective of a Title I provision while the other has 
not.
  Mr. Speaker, the result has been an inconsistent treatment of Self-
Governance issues by the two Departments, and the denial to Self-
Governance tribes of the substantial advantages afforded to the tribes 
under Title I of the Indian Self-Determination Act. This is troubling, 
since it has always been the intent of Congress that the Self-
Governance initiative should be at least as broad and favorable to the 
tribes as the original Title I contracting mechanism.
  The amendment, which has been requested by the tribes and is 
supported by them, would allow tribes to incorporate the beneficial 
provisions of Title I of the Indian Self-Determination Act into Self-
Governance compacts.
  Mr. Speaker, the amendment allows Self-Governance tribes to take 
advantage of the benefits extended to 638 contracting tribes. These 
advantages include--the ability to prepare annual audits pursuant to 
the Single Audit Act, using Indian preference in hiring, carryover 
prior year funding, coverage under the Federal Tort Claims Act, access 
to technical assistance grants, access to federal sources of supply, 
affords comparable rental rates for housing in Alaska, incorporation of 
638 contract support cost provisions, protections against agency 
funding reductions, use of more flexible cost accounting procedures, 
incorporation of title I contract disputes procedures, limitation of 
costs provisions, applicability of Prompt Payment Act, authority to 
acquire excess Federal property, access to GSA screener IDs, use of 
interagency motor pool vehicles, and the Federal Tort Claims Act.
  The Government (basically IHS counsel) has taken the position that 
Congress did not apply these provisions in title I explicitly enough to 
titles III and IV. The Congress and the tribes disagree, but since the 
IHS has no real objection to them actually applying a technical 
amendment seemed like the proper thing to do.
  I want to commend the committee staff members on both sides of the 
aisle for this hard work.

[[Page H765]]

  Mr. Speaker, I urge my colleagues to support this bill, and I yield 
back the balance of my time.
  Mr. GALLEGLY. Mr. Speaker, I yield myself the balance of my time.
  In conclusion, I would just like to again thank my good friend, the 
gentleman from American Samoa [Mr. Faleomavaega]. I think today is a 
real testimony on both of the bills we have brought to the floor as to 
how well we have worked together in a bipartisan way. In fact it 
appears that about the most controversial problems we have had is the 
way we pronounce each other's last name.
  Mr. FALEOMAVAEGA. Mr. Speaker, will the gentleman yield?
  Mr. GALLEGLY. I yield to the gentleman from American Samoa.
  Mr. FALEOMAVAEGA. Mr. Speaker, I would like to note the gentleman's 
remarks. It is true that it seems as if some of our colleagues have 
always had a very difficult time in pronouncing our names, but in spite 
of all of that, I think more importantly to commend the gentleman again 
in bringing this kind of legislation in a spirit of bipartisanship that 
I sure hope that in the coming weeks and months perhaps our other 
colleagues could better exemplify the true spirit of how legislation 
could be passed, in the spirit of cooperation, and the spirit of 
resolving the problems and not be part of the problem.
  Again I commend my good friend from California for bringing this 
bill. I hope we will continue to pass more legislation in the same 
spirit as we have done in these two pieces of legislation. I thank the 
gentleman for yielding.
  Mr. GALLEGLY. I thank the gentleman for his kind comments. Perhaps 
the gentleman from American Samoa [Mr. Faleomavaega] and I should hold 
some seminars. Maybe this body would work a lot better.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California [Mr. Gallegly] that the House suspend the 
rules and pass the bill, H.R. 2726, as amended.
  The question was taken.
  Mr. GALLEGLY. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________