[Congressional Record Volume 142, Number 11 (Friday, January 26, 1996)]
[Senate]
[Pages S530-S531]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   LAWS RELATING TO NATIVE AMERICANS

  Mr. DOLE. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of H.R. 2726, just received from 
the House.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 2726) to make certain technical corrections in 
     laws relating to Native Americans, 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.
  Mr. McCAIN. Mr. President, I rise today to express my support for 
H.R. 2726, 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 have been considered and 
approved by this body in the first session of the 104th Congress. This 
legislation addresses a wide range of Indian issues. I am joined by a 
number of Senators who have sponsored provisions which were included in 
H.R. 2726. I will briefly describe the provisions of H.R. 2726. Section 
1 of the bill makes technical corrections to section 9 of the Pokagon 
Potawatomi Restoration 

[[Page S531]]
Act. These corrections would change the reference 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.
  Section 3 of the bill corrects a citation in section 4 of the Indian 
Dams Safety Act of 1994. Section 4 of H.R. 2726 amends the Pascua Yaqui 
Indians Act to capitalize the words ``Pascua Yaqui Tribe.'' Section 5 
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 6 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 7 of the bill 
corrects a reference in section 102 of the Indian Self-Determination 
Contract Reform Act of 1994. Section 8 of the bill corrects certain 
references in sections 203 and 206 of the Auburn Indian Restoration 
Act. Section 9 of the bill amends the Crow Boundary Settlement Act of 
1994 corrects several references in sections 5, 9, and 10 of the act. 
Section 10 of H.R. 2726 corrects a typographical error in section 205 
of the Tlingit and Haida Status Clarification Act. Section 11 of the 
bill amends section 103 of the Native American Languages Act to correct 
several citations in the section. Section 12 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 
the legislation.
  Section 13 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 charter can only be revoked 
by act of Congress. This provision would revoke the charter. Section 14 
of the bill amends section 5(6) of the Advisory Council on California 
Indian Policy Act of 1992 to extend the term of the Advisory Council on 
California Indian Policy from 18 to 36 months in order to allow them to 
complete their study of issues affecting California Indian tribes.

  Section 15 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 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 
sties are adequately maintained. Section 16 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. Sections 1 through 
16 of this bill have been considered and passed by the full Senate in 
the last session of the Congress.
  H.R. 2726 includes three additional technical amendments which have 
not been considered by this body but which are not controversial and 
represent purely technical changes and corrections to provisions of 
affecting native Americans. I have reviewed these provisions and I 
support them. First such provision is in section 17 of the bill, which 
provides that authority to the Mescalero Apache Tribe to authorize the 
Secretary of the Interior to reprogram judgment funds awarded to the 
tribe pursuant to Docket Nos. 22-G, 30, 48, 30-A, and 48-A of the 
Indian Claims Commission. This provision will provide the authority 
necessary for the Mescalero Apache Tribe to modify their judgment fund 
distribution plan to utilize these funds pursuant to their current 
tribal priorities. Section 18 of the bill authorizes the Lac View 
Desert Bank of Lake Superior Chippewa Indians to amend their tribal 
membership roll to enroll individuals who meet the tribal eligibility 
criteria for inclusion in the tribal rolls. This provision does not 
alter the criteria for tribal membership including the tribe's blood 
quantum requirements but merely opens the tribal rolls to individuals 
who were not previously enrolled. Section 19 of the bill amends section 
403 of the Indian Self-Determination and Education Assistance Act by 
adding a new subsection that authorizes Indian tribes to include any or 
all the provisions of title I of the act in an agreement entered into 
under title III or IV of the act. This provision authorizes Indian 
tribes to include any provision under title I of the act relating to 
self-determination contracts in a self-governance compact entered into 
with the Department of the Interior or with the Indian Health Service.
  Finally, I would like to express my appreciation for the work of the 
many Senators who worked on the development of many of these amendments 
and I urge my colleagues to support passage of H.R. 2726.
  Mr. DOLE. Mr. President, I ask unanimous consent the bill be deemed 
read for the third time, passed, the motion to reconsider be laid upon 
the table, and that any statements relating to the bill appear at the 
appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the bill (H.R. 2726) was deemed read the third time and passed.

                   FRANCIS J. HAGEL FEDERAL BUILDING

  Mr. DOLE. Mr. President, I ask unanimous consent that the Environment 
and Public Works Committee be discharged from further consideration of 
H.R. 2111, designating the Francis Hagel Federal Building in Richmond, 
CA, and that the Senate then proceed to its immediate consideration; 
that the bill be read three times, passed, and the motion to reconsider 
be laid upon the table, with the above occurring without intervening 
action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the bill (H.R. 2111) was deemed read for a third time and passed.

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