[Congressional Record Volume 142, Number 106 (Thursday, July 18, 1996)]
[Senate]
[Pages S8157-S8162]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

       By Mr. McCAIN (for himself, Mr. Inouye, Mr. Thomas, and Mr. 
     Campbell):
  S. 1970. A bill to amend the National Museum of the American Indian 
Act to make improvements in the Act, and for other purposes; to the 
Committee on Indian Affairs.


   The National Museum of the American Indian Act Amendments of 1996

 Mr. McCAIN. Mr. President, I introduce legislation to amend 
the National Museum of the American Indian Act of 1989. I am very 
pleased to be joined by Senators Inouye, Thomas and Campbell as 
original cosponsors of this legislation. I am particularly pleased to 
be joined by my good friend from Hawaii, Senator Inouye, the Vice-
Chairman of the Committee on Indian Affairs, who, with his tireless 
dedication, has championed this particular issue for many years. This 
legislation is intended to amend the National Museum of the American 
Indian Act to ensure that the requirements for the inventory, 
identification and repatriation of Native American human remains, 
associated and unassociated funerary objects, sacred objects, and 
objects of cultural patrimony in the possession of the Smithsonian 
Institution are being carried out in a manner consistent with the 
Native American Graves Protection and Repatriation Act (25 U.S.C. 
3001), so that these culturally important items can be returned to 
their rightful keepers and protectors, the Indian tribes.
  The possession of Native American human remains, funerary objects, 
sacred objects, and objects of cultural patrimony by various Federal 
agencies, museums, and private collectors has been a very contentious 
issue for Indian tribes, tribal organizations, and Native Hawaiian 
Organizations for many years. Native Americans, not unlike other 
Americans, feel that the bones of their ancestors and the objects 
buried with them are sacred and rightfully belong under the protection 
and control of their descendants. Similarly, Native Americans feel 
strongly that sacred objects and objects of cultural patrimony, which 
have been wrongfully acquired, should be returned to the appropriate 
Indian tribe or Native Hawaiian organization. On the other side of the 
debate are archeologists, anthropologists, and others from the 
scientific community who feel that there is an overriding principle of 
scientific inquiry to unearth and study the remains of the Indians of 
the past in order to understand past cultures and their histories. Over 
the years, this debate has ranged from scholarly discussion to 
impassioned arguments and finally to emotional demands by Indian people 
for understanding and respect for their right to have these culturally 
and spiritually important items to be properly returned.
  It is important to note that the Smithsonian Institution was the 
first museum to take the lead in establishing a process for the 
repatriation of Native American human remains and funerary objects. 
Under the National Museum of the American Indian Act (20 U.S.C. 80q, et 
seq.), Congress established a process for the inventory, 
identification, and repatriation of Native American human remains and 
associated funerary objects. This ground breaking legislation was a 
critical first step in facilitating thoughtful dialogue between Indian 
tribes and museums regarding the proper treatment of Native American 
human remains, funerary objects, sacred objects and objects of cultural 
patrimony. These discussions resulted in the passage of the Native 
American Graves Protection and Repatriation Act. Since the passage of 
the Act, the Smithsonian Institution has continued to work diligently 
to fulfill the mandates of the National Museum of the American Indian 
Act regarding the repatriation of Native American human remains and 
funerary objects. In fact, in certain areas the administrative policies 
of the National Museum of the American Indian and the National Museum 
of Natural History exceed the requirements of the National Museum of 
the American Indian. Since 1991 the Museum of Natural History has 
adopted the categories and repatriation provisions described in Native 
American Graves Protection and Repatriation Act as museum policy. Under 
that policy, the museum has inventoried a substantial part of its 
collection of Native American human remains and returned hundreds of 
human remains to Native American communities. The National Museum of 
the American Indian has developed a substantive repatriation policy 
that goes well beyond the requirements of the Native American Graves 
Protection and Repatriation Act in order to facilitate the 
identification and repatriation of any Native American human remains 
and objects in its collections. Under its 1991 repatriation policy, the 
National Museum of the American Indian has prepared and distributed 
both the summary of ethnographic materials and the inventory of human 
remains and funerary objects within its entire collection to all of the 
557 federally recognized Indian tribes. The Museum's summary goes 
beyond the requirements of Native American Graves Protection and 
Repatriation Act by not only including sacred objects and objects of 
cultural patrimony but also includes religious and ceremonial objects, 
and objects that are owned in common.

  Under the repatriation provisions of the National Museum of the 
American Indian Act, the Smithsonian Institution is required only to 
inventory and repatriate Native American human remains and associated 
funerary objects. Although the Native American Graves Protection and 
Repatriation Act does not cover the Smithsonian Institution, the 
Smithsonian has endeavored to meet or exceed each of the requirements 
of the Act. Despite the absence of a statutory obligation to identify 
and repatriate Native American unassociated funerary objects, sacred 
objects, and objects of cultural patrimony, the Smithsonian Institution 
has committed to complete its identification and summary of Native 
American unassociated funerary objects, sacred objects, and objects of 
cultural patrimony by December 31, 1996. Similarly, the Smithsonian has 
committed to completing its inventory of Native American human remains 
and associated funerary objects before June 1, 1998.
  Mr. President, the bill I am introducing today would provide the 
statutory authority to the Smithsonian Institution to complete its 
inventory, identification, and repatriation process for the respectful 
return of the tribal ancestors and items of cultural importance to 
Native Americans. This legislation is consistent with the 
administrative policies of the Smithsonian as it relates to 
repatriation and it is consistent with the requirements of the Native 
American Graves Protection and Repatriation Act. I would like to 
commend the tremendous progress made by the Smithsonian Institution in 
implementing a policy that respects Indian tribes and their deeply-held 
beliefs by providing for the return of the remains of their ancestors 
and relatives and the culturally significant objects in its possession. 
I would like to add that representatives of the Smithsonian have worked 
closely with the Committee in the preparation of this legislation and 
have continued to demonstrate their serious commitment to returning 
these sacred remains and objects to their rightful owners, the Indian 
tribes.
  Mr. President, I ask unanimous consent that the full text of the bill 
and the accompanying section by section analysis appear in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1970

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

     SECTION 1. SHORT TITLE; REFERENCES.

       (a) Short Title.--This Act may be cited as the ``National 
     Museum of the American Indian Act Amendments of 1996''.
       (b) References.--Whenever in this Act an amendment or 
     repeal is expressed in terms of an amendment to or repeal of 
     a section or other provision, the reference shall be 
     considered to be made to a section or other provision of the 
     National Museum of the American Indian Act (20 U.S.C. 80q et 
     seq.).

     SEC. 2. BOARD OF TRUSTEES.

       Section 5(f)(1)(B) (20 U.S.C. 80q-3(f)(1)(B)) is amended by 
     striking ``an Assistant Secretary'' and inserting ``a senior 
     official''.

[[Page S8158]]

     SEC. 3. INVENTORY.

       Section 11(a) (20 U.S.C. 80q-9) is amended--
       (1) by striking ``(1)'' and inserting ``(A)'';
       (2) by striking ``(2)'' and inserting ``(B)'';
       (3) by inserting ``(1)'' before ``The Secretary''; and
       (4) by adding at the end the following new paragraphs:
       ``(2) The inventory made by the Secretary of the 
     Smithsonian Institution under paragraph (1) shall be 
     completed not later than June 1, 1998.
       ``(3) For purposes of this subsection, the term `inventory' 
     means a simple, itemized list that, to the extent 
     practicable, identifies, based upon available information 
     held by the Smithsonian Institution, the geographic and 
     cultural affiliation of the remains and objects referred to 
     in paragraph (1).''.

     SEC. 4. SUMMARY AND REPATRIATION OF UNASSOCIATED FUNERARY 
                   OBJECTS, SACRED OBJECTS, AND CULTURAL 
                   PATRIMONY.

       The National Museum of the American Indian Act is amended 
     by inserting after section 11 the following new section:

     ``SEC. 11A. SUMMARY AND REPATRIATION OF UNASSOCIATED FUNERARY 
                   OBJECTS, SACRED OBJECTS, AND CULTURAL 
                   PATRIMONY.

       ``(a) Summary.--Not later than December 31, 1996, the 
     Secretary of the Smithsonian Institution shall provide a 
     written summary that contains a summary of unassociated 
     funerary objects, sacred objects, and objects of cultural 
     patrimony (as those terms are defined in subparagraphs (B), 
     (C), and (D), respectively, of section 2(3) of the Native 
     American Graves Protection and Repatriation Act (25 U.S.C. 
     3001(3)), based upon available information held by the 
     Smithsonian Institution. The summary required under this 
     section shall include, at a minimum, the information required 
     under section 6 of the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3004).
       ``(b) Repatriation.--Where cultural affiliation of Native 
     American unassociated funerary objects, sacred objects, and 
     objects of cultural patrimony has been established in the 
     summary prepared pursuant to subsection (a), or where a 
     requesting Indian tribe or Native Hawaiian organization can 
     show cultural affiliation by a preponderance of the evidence 
     based upon geographical, kinship, biological, archaeological, 
     anthropological, linguistic, folkloric, oral traditional, 
     historical, or other relevant information or expert opinion, 
     then the Smithsonian Institution shall expeditiously return 
     such unassociated funerary object, sacred object, or object 
     of cultural patrimony where--
       ``(1) the requesting party is the direct lineal descendant 
     of an individual who owned the unassociated funerary object 
     or sacred object;
       ``(2) the requesting Indian tribe or Native Hawaiian 
     organization can show that the object was owned or controlled 
     by the Indian tribe or Native Hawaiian organization; or
       ``(3) the requesting Indian tribe or Native Hawaiian 
     organization can show that the unassociated funerary object 
     or sacred object was owned or controlled by a member thereof, 
     provided that in the case where an unassociated funerary 
     object or sacred object was owned by a member thereof, there 
     are no identifiable lineal descendants of said member or the 
     lineal descendants, upon notice, have failed to make a claim 
     for the object.
       ``(c) Standard of Repatriation.--If a known lineal 
     descendant or an Indian tribe or Native Hawaiian organization 
     requests the return of Native American unassociated funerary 
     objects, sacred objects, or objects of cultural patrimony 
     pursuant to this Act and presents evidence which, if standing 
     alone before the introduction of evidence to the contrary, 
     would support a finding that the Smithsonian Institution did 
     not have the right of possession, then the Smithsonian 
     Institution shall return such objects unless it can overcome 
     such inference and prove that it has a right of possession to 
     the objects.
       ``(d) Museum Obligation.--Any museum of the Smithsonian 
     Institution which repatriates any item in good faith pursuant 
     to this Act shall not be liable for claims by an aggrieved 
     party or for claims of fiduciary duty, public trust, or 
     violations of applicable law that are inconsistent with the 
     provisions of this Act.
       ``(e) Statutory Construction.--Nothing in this section may 
     be construed to prevent the Secretary of the Smithsonian 
     Institution, with respect to any museum of the Smithsonian 
     Institution, from making an inventory or preparing a written 
     summary or carrying out the repatriation of Native American 
     human remains, associated and unassociated funerary objects, 
     sacred objects, or objects of cultural patrimony in a manner 
     that exceeds the requirements of this section.
       ``(f) Native Hawaiian Organization Defined.--For purposes 
     of this section, the term `Native Hawaiian organization' has 
     the meaning provided that term in section 2(11) of the Native 
     American Graves Protection and Repatriation Act (25 U.S.C. 
     3001(11)).''.

     SEC. 5. SPECIAL COMMITTEE.

       Section 12 (20 U.S.C. 80q-10) is amended--
       (1) in the first sentence of subsection (a), by inserting 
     ``and unassociated funerary objects, sacred objects, and 
     objects of cultural patrimony under section 11A'' before the 
     period; and
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``five'' and inserting ``7'';
       (B) in paragraph (1)--
       (i) by striking ``three'' and inserting ``4''; and
       (ii) by striking ``and'' at the end;
       (C) by redesignating paragraph (2) as paragraph (3); and
       (D) by inserting after paragraph (1) the following:
       ``(2) at least 2 members shall be traditional Indian 
     religious leaders; and''.
                                                                    ____


  Section-by-Section Analysis of the National Museum of the American 
                     Indian Act Amendments of 1996


                        SECTION ONE. SHORT TITLE

       This section cites the short title of the Act as ``the 
     National Museum of the American Indian Act Amendments of 
     1996''. It also provides that any reference to amendment or 
     repeal in this Act shall be considered to be references to 
     the provisions of the National Museum of the American Indian 
     Act. (20 U.S.C. 80q et seq.)


                     SECTION TWO. BOARD OF TRUSTEES

       This section amends section 5 of the National Museum of the 
     American Indian Act by changing the reference to ``an 
     Assistant Secretary'' of the Smithsonian Institution to ``a 
     senior official'' of the Smithsonian.


                        SECTION THREE. INVENTORY

       This section amends section 11 of the National Museum of 
     the American Indian Act to require the inventory to be 
     conducted by the Secretary of the Smithsonian be completed 
     not later than June 1, 1998. It also defines the term 
     ``inventory'' as it is used in the Act.


    SECTION FOUR. SUMMARY AND REPATRIATION OF UNASSOCIATED FUNERARY 
            OBJECTS, SACRED OBJECTS, AND CULTURAL PATRIMONY

       This section amends the National Museum of the American 
     Indian Act by establishing a new section 11a. Section 11a 
     requires the Secretary of the Smithsonian to develop a 
     written summary of unassociated funerary objects, sacred 
     objects, and objects of cultural patrimony held by the 
     Smithsonian, based upon available information and consistent 
     with the requirements of the Native American Graves 
     Protection and Repatriation Act (25 U.S.C. 3004). The summary 
     must be completed by December 31, 1996.
       Subsection (b) requires the Smithsonian to expeditiously 
     return any Native American unassociated funerary object, 
     sacred object, or object of cultural patrimony where the 
     cultural affiliation has been established in the summary 
     prepared by the Smithsonian, or where a requesting Indian 
     tribe or Native Hawaiian Organization can show its cultural 
     affiliation with the items by a preponderance of the 
     evidence, and the requesting Indian tribe or Native Hawaiian 
     Organization can establish that the object was owned or 
     controlled by the Indian tribe or Native Hawaiian 
     Organization, or by a member of the tribe or organization. 
     The Smithsonian shall expeditiously return any object to any 
     direct lineal descendent of the owner of the object.
       Subsection (c) sets out the standard of repatriation under 
     the Act. It provides that if a known lineal descendant or an 
     Indian tribe or Native Hawaiian organization requests the 
     return of Native American unassociated funerary objects, 
     sacred objects, or objects of cultural patrimony and can make 
     a prima facie showing that the Smithsonian Institution did 
     not have the right of possession of such object, then the 
     Smithsonian must return such object unless it can prove that 
     it has the right of possession of such objects.
       Subsection (d) provides that any museum of the Smithsonian 
     Institution, which repatriates an item in good faith shall 
     not be liable for any claims of fiduciary duty, public trust, 
     or violations of State law that are inconsistent with the 
     provisions of this Act.
       Subsection (e) provides that nothing in this Act shall be 
     construed to prevent the Secretary of the Smithsonian from 
     making an inventory or preparing a written summary or 
     carrying out the repatriation of objects under this Act in a 
     manner that exceeds the requirements of this section.
       Subsection (f) defines the term ``Native Hawaiian 
     Organization'' as the term is used in this Act.


                    SECTION FIVE. SPECIAL COMMITTEE

       This section amends section 12 of the National Museum of 
     the American Indian Act by increasing the membership of the 
     Special Committee to seven and it shall include two members 
     who are traditional Indian religious leaders.
 Mr. INOUYE. Mr. President, I am pleased to join my Chairman, 
Senator John McCain, in the introduction of a bill to amend the 
National Museum of the American Indian Act.
  The amendments that this bill proposes would fulfill a commitment I 
made to other museums and scientific institutions at the time the 
Congress was considering the Native American Graves Protection and 
Repatriation Act.
  At that time, Mr. President, the National Museum of the American 
Indian was newly authorized and was engaged in establishing the 
necessary administrative structures and policies that would define its 
character as an institution.
  Amongst the issues to be addressed by the new museum was the 
development of a repatriation policy, and the

[[Page S8159]]

need to reconcile that policy with the policies of other museums in the 
Smithsonian Institution.
  Accordingly, while a general framework addressing repatriation was 
included in the National Museum of the American Indian Act that we 
adopted in 1989, the opportunity for the Smithsonian Institution to 
develop an institution-wide repatriation policy and the processes 
associated with the implementation of such a policy was requested, and 
we provided the time necessary to enable the development of that 
comprehensive policy.
  The other museums and scientific institutions that were to be covered 
under the Native American Graves Protection and Repatriation Act 
objected in the strongest possible terms to the exclusion of the 
Smithsonian Institution from the act, but ultimately agreed not to 
oppose passage of the act based in part upon my personal commitment 
that the Congress would subsequently enact legislation to assure that 
the Smithsonian Institution would be subject to Federal repatriation 
law.
  The bill we introduce today is designed, as I have indicated, to 
fulfill that commitment and to assure that the policy objectives of the 
Native American Graves Protection and Repatriation Act are extended to 
the Smithsonian Institution.
  As I complete my service as a member of the Board of Trustees of the 
National Museum of the American Indian this year, I am pleased that my 
Chairman has seized the initiative to act upon the discussions in which 
we have been engaged with the Smithsonian Institution and thereby given 
his support for carrying out my promise.
  I am hopeful that our colleagues in the Senate and the House will 
agree to act upon this legislation before the end of the 104th session 
of the Congress, and I thank my Chairman for his leadership.
                                 ______
                                 
      By Mr. McCAIN (for himself, Mr. Inouye and Mr. Stevens):
  S. 1972. A bill to amend the Older Americans Act of 1965 to improve 
the provisions relating to Indians, and for other purposes; to the 
Committee on Indian Affairs.


          The Older Americans Indian Technical Amendments Act

  Mr. McCAIN. Mr. President, I rise today on behalf of myself and 
Senators Inouye and Stevens to introduce legislation to make various 
technical amendments to the Older Americans Act. This bill provides 
greater flexibility to the Administration on Aging to assist Indian 
tribes in providing critically needed nutrition services to older 
native Americans.
  In most native communities, older native Americans are held in the 
highest esteem because they serve a vital role in the community as the 
keepers of culture, language, and tradition. native American elder 
populations are growing rapidly throughout Indian country, representing 
almost 9 percent of the total native American population. However, 
older Native Americans also experience levels of poverty at rates 
significantly higher than the national level, ranging from 29 percent 
for Indian elders aged 60 and older to 38 percent for rural Indian 
elders aged 65 and over. Older native Americans still live under some 
of the most remote and harsh conditions existing in Indian country.
  In addition to high levels of poverty, native American elders 
experience comparatively higher levels of immobility and disability 
with severely limited self-care options. Native American elders often 
live alone in remote areas with no access to transportation or 
telephone services. In some cases, the nearest telephone or grocery 
store is hundreds of miles away. Many older Native Americans who live 
in rural areas have not graduated from high school or have no formal 
schooling. Employment opportunities for older native Americans are 
extremely limited due to the remoteness of Indian communities and the 
lack of formal education.
  The community-based services provided to native American elders 
through the Older Americans Act are of great benefit to many Indian 
communities. Through the act, many older Native Americans can earn 
incomes by serving their tribal communities through the senior 
employment programs. The act also authorizes grants to Indian tribes 
and tribal organizations through title VI to administer important 
nutritional programs in remote areas such as those serving Alaska 
Native communities and rural areas on the Navajo Reservation in my home 
State of Arizona.
  However, these programs can be strengthened to ensure that Indian 
tribes are able to tailor nutritional and supportive programs that are 
appropriate to the cultural and geographic characteristics of their 
communities. Often, employment and nutrition programs are difficult to 
administer in Indian country because of the remoteness of the service 
area for Indian populations and the unique character of Indian 
cultures. The legislation I am proposing will ensure that Indian tribes 
and tribal organizations serving Native American elders will be 
afforded maximum flexibility in administering employment and nutrition 
programs to provide critically needed services at the reservation 
level.

  The bill modifies the definition of ``reservation'' to clarify that 
Indian tribes in Oklahoma and California, as well as Alaska Native 
communities, will maintain their eligibility to administer programs 
under the act. Indian reservations and Alaska Native communities suffer 
from the highest unemployment rates in the United States and endure the 
lowest incomes of all Americans. The application of this requirement 
only serves to frustrate the efforts of older Native Americans to work 
in their own communities.
  The bill will also modify the requirement for certification by the 
Bureau of Indian Affairs [BIA] in Section 3057e(b) to provide more 
flexibility to the administration and to tribal applicants by allowing 
the BIA to certify population statistics for tribal grant applications 
through a written approval letter. This change is necessary to clarify 
that the current procedure of obtaining written approval from the BIA 
is sufficient for tribal applicants to receive a grant award.
  Finally, the act will simplify certain requirements that impose 
unreasonable and overly burdensome application and reporting 
requirements for tribal applicants. The bill authorizes the Assistant 
Secretary for Aging to take into consideration the special 
circumstances facing geographically isolated and small communities that 
do not have the infrastructure or resources to meet strict and onerous 
application and reporting requirements. Instead of providing much 
needed services for small and rural Indian communities, tribal grant 
recipients often find themselves preoccupied with complying with 
voluminous paperwork requirements.
  Mr. President, the Older Americans Act provides critically needed 
human and social services to older Native Americans on a daily basis. 
The bill we are introducing today will simply ensure that older Native 
Americans will continue to receive the assistance they need to stay in 
their own homes and communities, and continue to fulfill their vital 
role as the keepers of culture, language and tradition.
  I ask unanimous consent that the full text of this bill and the 
section-by-section summary be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1972

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Older Americans Indian 
     Technical Amendments Act''.

     SEC. 2. INDIAN EMPLOYMENT; DEFINITION OF INDIAN RESERVATION.

       Section 502(b)(1)(B) of such Act (42 U.S.C. 3056(b)(1)(B)) 
     is amended to read as follows:
       ``(B)(i) will provide employment for eligible individuals 
     in the community in which such individuals reside, or in 
     nearby communities; or
       ``(ii) if such project is carried out by a tribal 
     organization that enters into an agreement under subsection 
     (b) or receives assistance from a State that enters into such 
     an agreement, will provide employment for such individuals 
     who are Indians residing on an Indian reservation, as the 
     term is defined in section 2601(2) of the Energy Policy Act 
     of 1992 (25 U.S.C. 3501(2)).''.

     SEC. 3. POPULATION STATISTICS DEVELOPMENT.

       Section 614(b) of such Act (42 U.S.C. 3057e(b)) is amended 
     by striking ``certification'' and inserting ``approval''.

     SEC. 4. REPORTING REQUIREMENTS.

       Section 614(c) of such Act (42 U.S.C. 3057e(c)) is 
     amended--

[[Page S8160]]

       (1) by inserting ``(1)'' after ``(c)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The Assistant Secretary shall provide waivers and 
     exemptions of the reporting requirements of subsection (a)(3) 
     for applicants that serve Indian populations in 
     geographically isolated areas, or applicants that serve small 
     Indian populations, where the small scale of the project, the 
     nature of the applicant, or other factors make the reporting 
     requirements unreasonable under the circumstances. The 
     Assistant Secretary shall consult with such applicants in 
     establishing appropriate waivers and exemptions.''.

     SEC. 5. EXPENDITURE OF FUNDS FOR NUTRITION SERVICES.

       Section 614(c) of such Act (42 U.S.C. 3057e(c)), as amended 
     by section 4, is further amended by adding at the end the 
     following new paragraph:
       ``(3) In determining whether an application complies with 
     the requirements of subsection (a)(8), the Assistant 
     Secretary shall provide maximum flexibility to an applicant 
     who seeks to take into account subsistence needs, local 
     customs, and other characteristics that are appropriate to 
     the unique cultural, regional, and geographic needs of the 
     Indian populations to be served.''.

     SEC. 6. COORDINATION OF SERVICES.

       Section 614(c) of such Act (42 U.S.C. 3057e(c)), as amended 
     by section 5, is further amended by adding at the end the 
     following new paragraph:
       ``(4) In determining whether an application complies with 
     the requirements of subsection (a)(12), the Assistant 
     Secretary shall require only that an applicant provide an 
     appropriate narrative description of the geographical area to 
     be served and an assurance that procedures will be adopted to 
     ensure against duplicate services being provided to the same 
     recipients.''.
                                                                    ____


  Section-by-Section Analysis of the Older Americans Indian Technical 
                             Amendments Act

     SECTION 1. SHORT TITLE.

  This section cites the short title of the bill, as the ``Older 
Americans Indian Technical Amendments Act.''

     SEC. 2. INDIAN EMPLOYMENT; DEFINITION OF INDIAN RESERVATION.

  This section amends Section 502(b)(1)(B) of the Act (42 U.S.C. 
3056(b)(1)(B)) by modifying the definition of ``reservation'' in the 
current Act to conform with the definition found in Section 2601(2) of 
the Energy Policy Act of 1992.

     SEC. 3. POPULATION STATISTICS DEVELOPMENT.

  This section amends Section 614(b) of the Act (42 U.S.C. 3057e(b)) by 
striking the word ``certification'' and inserting the word 
``approval.''

     SEC. 4. REPORTING REQUIREMENTS.

  This section amends Section 614(c) of the Act (42 U.S.C. 3057e(c)) by 
adding a new paragraph (2) which authorizes the Assistant Secretary on 
Aging to waive or exempt the reporting requirements of section (a)(3) 
for applicants that serve Indian populations in geographically isolated 
areas or applicants that serve small Indian populations, while still 
maintaining strict accountability standards.

     SEC. 5. EXPENDITURE OF FUNDS FOR NUTRITION SERVICES.

  This section amends Section 614(c) of the Act (42 U.S.C. 3057e(c)) by 
adding a new paragraph (3) which requires the Assistant Secretary on 
Aging, in determining whether an application complies with the 
requirements of subsection (a)(8), to take into account the unique 
cultural and geographical considerations of the Indian populations to 
be served.

     SEC. 6. COORDINATION OF SERVICES.

  This section amends Section 614(c) of the Act (42 U.S.C. 3057e(c)) by 
adding a new paragraph (4) which requires the Assistant Secretary on 
Aging, in determining whether an application complies with the 
requirements of subsection (a)(12), to provide flexibility to tribal 
applicants by requiring only that they submit an appropriate narrative 
description of the geographical area and population to be served and an 
appropriate assurance against duplicate services being provided
                                 ______
                                 
      By Mr. McCAIN:
  S. 1973. A bill to provide for the settlement of the Navajo-Hopi land 
dispute, and for other purposes; to the Committee on Indian Affairs.


          The Navajo-Hopi Land Dispute Settlement Act of 1996

  Mr. McCAIN. Mr. President, I introduce legislation to ratify the 
settlement of four claims of the Hopi Tribe against the United States 
and to provide the necessary authority to the Hopi Tribe to issue 75-
year lease agreements to Navajo families residing on the Hopi 
Partitioned Land. This legislation will ratify the settlement and 
accommodation agreements between the Department of Justice, the Hopi 
Tribe, the Navajo Nation, and the Navajo families residing on the Hopi 
Partitioned Lands.
  This settlement marks an important first step in bringing this 
longstanding dispute between the Hopi Tribe, the Navajo Nation, and the 
United States to an orderly and peaceful conclusion. These agreements 
are the product of many years of negotiation under the auspices of the 
Ninth Circuit Court of Appeals mediation process. While I understand 
that there are factions in both the Hopi Tribe and the Navajo Nation 
who have voiced their opposition to this proposal, I believe that these 
agreements represent the only realistic way to settle the claims of the 
Hopi Tribe against the United States and to provide an accommodation 
for the hundreds of Navajos residing on Hopi Partitioned Lands.
  I believe it is imperative that the Congress take steps to bring this 
longstanding dispute to a final resolution. It has been over 22 years 
since the Navajo-Hopi Settlement Act was passed to settle the disputes 
between the Navajo Nation and the Hopi Tribe. Since that time, the 
Federal Government has spent over $350 million to fund the Navajo-Hopi 
Relocation Program. The funding for this settlement has exceeded the 
original cost estimates by more than 900 percent. And yet, there are 
over 130 appeals still pending, which raises a great deal of 
uncertainty regarding who is and is not eligible for relocation 
benefits under the act. I am convinced that future Federal budgetary 
pressures will require that the Navajo-Hopi Relocation Housing Program 
be brought to an orderly and certain conclusion. In light of the 
current atmosphere in Congress, it is highly unlikely that the Federal 
Government will continue to provide benefits through the Office of 
Navajo and Hopi Indian Relocation much longer. In order to bring this 
process to an orderly conclusion, I will introduce separate legislation 
in the near future that will provide for an orderly phase out of the 
Navajo-Hopi Relocation Housing Program in 5 years. As an important 
first step, it is critical that the Congress pass legislation to settle 
the outstanding claims of the Hopi Tribe against the United States.
  The legislation I am introducing today will provide a resolution to 
these outstanding claims while allowing those Navajo families who are 
inclined to remain on Hopi Partitioned Land the opportunity to do so 
for 75 years under an accommodation agreement with the Hopi Tribe. The 
settlement agreement provides that those eligible Navajo families 
wishing to receive relocation benefits will have a time certain in 
which to apply for and receive their benefits. The Agreement also 
recognizes the Hopi Tribe's right to exercise jurisdiction over the 
Hopi Partitioned Lands where Navajo families are residing.

  The settlement agreement settles four claims by the Hopi Tribe 
against the United States. The first claim settled by the agreement is 
Hopi Tribe versus Navajo Tribe, et al., pending in the U.S. District 
Court in Phoenix, which is a claim for damages due to the failure of 
the Federal Government to make timely rental value determinations 
required under 25 U.S.C. 640d-15(a).
  The second claim settled by this agreement is Secakuku versus Hale, 
et al., pending in the U.S. Court of Appeals for the Ninth Circuit, 
which is a claim for damages against the United States for post-
partition damages to the Hopi partitioned lands caused by overgrazing 
before the lands were partitioned.
  The third claim settled by this agreement is Hopi Tribe v. United 
States, pending in the United States Court of Federal Appeals, which is 
a claim for damages for the failure of the Federal Government to 
collect livestock trespass penalties, forage consumed fees, and 
property damages fees on behalf of the Hopi Tribe.
  The last claim settled by the agreement is a claim against the United 
States for the failure of the Federal Government to give the Hopi Tribe 
quiet possession of the Hopi lands that are used and occupied by Navajo 
families.
  In exchange for waiving these claims against the United States and 
for providing an accommodation agreement for the Navajo families 
residing on the

[[Page S8161]]

Hopi Partitioned Lands, the United States will pay the Hopi Tribe $50.2 
million under a structured settlement which is keyed to the performance 
of certain activities under the settlement agreement.
  The settlement agreement provides that funds shall be paid out in the 
following manner: First, the Hopi Tribe will receive $2.4 million once 
the tribe files a motion to dismiss its appeal in the Ninth Circuit in 
Secakuku versus Hale; second the Hopi Tribe will receive $22.7 million 
once legislation extending the tribe's leasing authority to 75 years 
has been enacted and once the tribe's claims in the Court of Claims for 
damages due to any Federal action which occurred before 1982 are 
dismissed; third, the Hopi Tribe will receive $10 million once 65 
percent of the Navajo families residing on the Hopi reservation have 
signed the accommodation agreement or request to be relocated and once 
the Hopi Tribe's claims in the Court of Claims for livestock trespass 
damages against the United States from 1983 through 1988 are dismissed; 
fourth the Hopi Tribe will receive $15.1 million once 75 percent of the 
Navajo families residing on the Hopi reservation have signed the 
accommodation agreements or request to be relocated and once the Hopi 
Tribe's claims in the Court of Federal Appeals for livestock trespass 
damages against the United States from 1989 through and including 1996 
are dismissed.
  This settlement has the support of the Navajo Nation, Hopi Tribe, the 
Departments of Justice and Interior, and the State of Arizona. The 
accommodation agreement for the Navajo families was negotiated and 
approved by representatives of the Navajo families residing on the Hopi 
Partitioned Land. While I understand that this legislation ratifying 
the settlement agreement does not completely resolve the disputes 
between the Navajo and Hopi Tribes, I believe the agreement represents 
significant progress toward an overall settlement of these highly 
contentious and longstanding claims between the two tribes.
  Finally, I would like to congratulate all the parties for their 
dedication and hard work in crafting these historic agreements. I am 
pleased to note that the parties have been sensitive to the concerns of 
local government in negotiating this settlement agreement, which enjoys 
the support of the Governor of the State of Arizona.
  Mr. President, I ask unanimous consent that the full text ofthe bill 
and the accompanying section by section analysis appear in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1973

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Navajo-Hopi Land Dispute 
     Settlement Act of 1996''.

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) it is in the public interest for the Tribe, Navajos 
     residing on the Hopi Partitioned Lands, and the United States 
     to reach a peaceful resolution of the longstanding 
     disagreements between the parties under the Act commonly 
     known as the ``Navajo-Hopi Land Settlement Act of 1974'' 
     (Public Law 93-531; 25 U.S.C. 640d et seq.);
       (2) it is in the best interest of the Tribe and the United 
     States that there be a fair and final settlement of certain 
     issues remaining in connection with the Navajo-Hopi Land 
     Settlement Act of 1974, including the full and final 
     settlement of the multiple claims that the Tribe has against 
     the United States;
       (3) this Act, together with the Settlement Agreement 
     executed on December 14, 1995, and the Accommodation 
     Agreement (as incorporated by the Settlement Agreement), 
     provide the authority for the Tribe to enter agreements with 
     eligible, traditional Navajo families in order for those 
     families to remain residents of the Hopi Partitioned Lands 
     for a period of 75 years, subject to the terms and conditions 
     of the Accommodation Agreement;
       (4) the United States acknowledges and respects--
       (A) the sincerity of the traditional beliefs of the members 
     of the Tribe and the Navajo families residing on the Hopi 
     Partitioned Lands; and
       (B) the importance that the respective traditional beliefs 
     of the members of the Tribe and Navajo families have with 
     respect to the culture and way of life of those members and 
     families;
       (5) this Act, the Settlement Agreement, and the 
     Accommodation Agreement provide for the mutual respect and 
     protection of the traditional religious beliefs and practices 
     of the Navajo families residing on the Hopi Partitioned 
     Lands; and
       (6) the Tribe is encouraged to work with the Navajo 
     families residing on the Hopi Partitioned Lands to address 
     their concerns regarding the establishment of family or 
     individual burial plots for deceased family members who have 
     resided on the Hopi Partitioned Lands.

     SEC. 3. DEFINITIONS.

       Except as otherwise provided in this Act, for purposes of 
     this Act, the following definitions shall apply:
       (1) Accommodation.--The term ``Accommodation'' has the 
     meaning provided the term ``Accommodation'' under the 
     Settlement Agreement.
       (2) Hopi partitioned lands.--The term ``Hopi Partitioned 
     Lands'' means lands located in the Hopi Partitioned Area, as 
     defined in section 168.1(g) of title 25, Code of Federal 
     Regulations (as effect on the date of enactment of this Act).
       (3) Navajo partitioned lands.--The term ``Navajo 
     Partitioned Lands'' has the meaning provided that term in the 
     proposed regulations issued on November 1, 1995, at 60 Fed. 
     Reg. 55506.
       (4) New lands.--The term ``New Lands'' has the meaning 
     provided that term in section 700.701(b) of title 25, Code of 
     Federal Regulations.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) Settlement agreement.--The term ``Settlement 
     Agreement'' means the agreement between the United States and 
     the Hopi Tribe executed on December 14, 1995.
       (7) Tribe.--The term ``Tribe'' means the Hopi Tribe.

     SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT.

       The United States approves, ratifies, and confirms the 
     Settlement Agreement.

     SEC. 5. CONDITIONS FOR LANDS TAKEN INTO TRUST.

       The Secretary shall take such action as may be necessary to 
     ensure that the following conditions are met prior to taking 
     lands into trust for the benefit of the Tribe pursuant to the 
     Settlement Agreement:
       (1) Selection of lands taken into trust.--
       (A) Primary area.--In accordance with section 7(a) of the 
     Settlement Agreement, the primary area within which lands may 
     be taken into trust by the Secretary for the benefit of the 
     Tribe under the Settlement Agreement shall be located in 
     northern Arizona.
       (B) Requirements for lands taken into trust in the primary 
     area.--Lands taken into trust in the primary area referred to 
     in subparagraph (A) shall be--
       (i) land that is used substantially for ranching, 
     agriculture, or another similar use; and
       (ii) to the extent feasible, in contiguous parcels.
       (2) Acquisition of lands.--Before taking any land into 
     trust for the benefit of the Tribe under this section, the 
     Secretary shall ensure that:
       (A) At least 75 percent of the eligible Navajo heads of 
     household (as determined under the Settlement Agreement) have 
     entered into an accommodation or have chosen to relocate and 
     are eligible for relocation assistance (as determined under 
     the Settlement Agreement).
       (B) The Tribe has consulted with the State of Arizona 
     concerning the lands proposed to be placed in trust, 
     including consulting the State concerning the impact of 
     placing those lands into trust on the State and political 
     subdivisions thereof resulting from the removal of land from 
     the tax rolls in a manner consistent with the provisions of 
     part 151 of title 25, Code of Federal Regulations.

     SEC. 6. ACQUISITION THROUGH CONDEMNATION OF CERTAIN 
                   INTERSPERSED LANDS.

       (a) In General.--
       (1) Action by the secretary.--
       (A) In general.--The Secretary shall take action as 
     specified in subparagraph (B), to the extent that the Tribe, 
     in accordance with section 7(b) of the Settlement Agreement--
       (i) acquires private lands; and
       (ii) requests the Secretary to acquire through condemnation 
     interspersed lands that are owned by the State of Arizona and 
     are located within the exterior boundaries of those private 
     lands in order to have both the private lands and the State 
     lands taken into trust by the Secretary for the benefit of 
     the Tribe.
       (B) Acquisition through condemnation.--With respect to a 
     request for an acquisition of lands through condemnation made 
     under subparagraph (A), the Secretary shall, upon the 
     recommendation of the Tribe, take such action as may be 
     necessary to acquire the lands through condemnation and pay 
     the State of Arizona fair market value for those lands in 
     accordance with applicable Federal law, if the conditions 
     described in paragraph (2) are met.
       (2) Conditions for acquisition through condemnation.--The 
     Secretary may acquire lands through condemnation under this 
     subsection if--
       (A) that acquisition is consistent with the purpose of 
     obtaining not more than 500,000 acres of land to be taken 
     into trust for the Tribe;
       (B) the State of Arizona concurs with the United States 
     that the acquisition is consistent with the interests of the 
     State; and
       (C) the Tribe pays for the land acquired through 
     condemnation under this subsection.

[[Page S8162]]

       (b) Disposition of Lands.--If the Secretary acquires lands 
     through condemnation under subsection (a), the Secretary 
     shall take those lands into trust for the Tribe in accordance 
     with this Act and the Settlement Agreement.
       (c) Private Lands.--The Secretary may not acquire private 
     lands through condemnation for the purpose specified in 
     subsection (a)(2)(A).

     SEC. 7. ACTION TO QUIET TITLE.

       If the United States fails to discharge the obligations 
     specified in section 9(c) of the Settlement Agreement with 
     respect to voluntary relocation of Navajos residing on Hopi 
     Partitioned Lands, or section 9(d) of the Settlement 
     Agreement, relating to the implementation of sections 700.137 
     through 700.139 of title 25, Code of Federal Regulations, on 
     the New Lands, including failure for reason of insufficient 
     funds made available by appropriations or otherwise, the 
     Tribe may bring an action to quiet possession that relates to 
     the use of the Hopi Partitioned Lands after February 1, 2000, 
     by a Navajo family that is eligible for an accommodation, but 
     fails to enter into an accommodation.

     SEC. 8. PAYMENTS IN LIEU OF TAXES.

       Section 6901(1) of title 31, United States Code, is 
     amended--
       (1) by striking ``or'' at the end of subparagraph (F);
       (2) by striking the period at the end of subparagraph (G) 
     and inserting ``; and''; and
       (3) by inserting at the end the following new subparagraph:
       ``(H) Fee lands owned by the Hopi Tribe or members of the 
     Hopi Tribe that are taken into trust by the Secretary of the 
     Interior pursuant to the agreement between the United States 
     and the Hopi Tribe executed on December 14, 1995.''.

     SEC. 9. 75-YEAR LEASING AUTHORITY.

       The first section of the Act of August 9, 1955 (69 Stat. 
     539, chapter 615; 25 U.S.C. 415) is amended--
       (1) in subsection (a), by inserting before the period at 
     the end of the second sentence the following: ``, and except 
     leases of land by the Hopi Tribe to Navajo Indians on the 
     Hopi Partitioned lands, which may be for a term of years not 
     to exceed seventy-five years''; and
       (2) by adding at the end the following new subsection:
       ``(c) For purposes of this section--
       ``(1) the term `Hopi Partitioned Lands' means lands located 
     in the Hopi Partitioned Area, as defined in section 168.1 (g) 
     of title 25, Code of Federal Regulations (as in effect on the 
     date of enactment of this subsection); and
       ``(2) the term `Navajo Indians' means members of the Navajo 
     Tribe.''.

     SEC. 10. REAUTHORIZATION OF THE NAVAJO-HOPI RELOCATION 
                   HOUSING PROGRAM.

       Section 25(a)(8) of Public Law 93-531 (25 U.S.C. 640d-
     24(a)(8)) is amended by striking ``1996, and 1997'' and 
     inserting ``1996, 1997, 1998, 1999, and 2000''.
                                                                    ____


Section by Section Analysis of the Navajo-Hopi Land Dispute Settlement 
                              Act of 1996

       SECTION ONE.--SHORT TITLE
       This section cites the short title of the Act as the 
     ``Navajo-Hopi Land Dispute Settlement Act of 1996''.
       SECTION TWO.--FINDINGS
       This section sets out the findings of the Congress.
       SECTION THREE.--DEFINITIONS
       This section sets out the definitions used in the Act.
       SECTION FOUR. RATIFICATION OF THE SETTLEMENT AGREEMENT
       This section provides that the United States approves, 
     ratifies and confirms the Settlement Agreement between the 
     Hopi tribe and the United States executed on December 14, 
     1995.
       SECTION FIVE.--CONDITIONS FOR LANDS TAKEN INTO TRUST
       This section provides that, in accordance with section 7(a) 
     of the Settlement Agreement lands which may be taken into 
     trust by the Secretary of the Interior for the Hopi tribe 
     shall be located in Northern Arizona. It provides that lands 
     selected by the Hopi tribe shall be in contiguous parcels if 
     feasible and shall be lands that were substantially used for 
     ranching and agriculture. It further provides that the 
     Secretary shall ensure that at least 75 percent of the heads 
     of households, as determined by the Settlement Agreement, 
     have entered into an accommodation agreement with the Hopi 
     tribe or have chosen to receive their relocation benefits, 
     prior to placing land into trust for the Hopi tribe pursuant 
     to this settlement. The Secretary must also ensure that the 
     Hopi tribe has consulted with the State of Arizona regarding 
     the lands to be placed in trust consistent with 25 C.F.R. 
     part 151.
       SECTION SIX.--ACQUISITION BY CONDEMNATION OF CERTAIN 
     INTERSPERSED LANDS
       This section authorizes the Secretary of the Interior, at 
     the request of the Hopi tribe take such action as is 
     necessary to acquire, through condemnation action, lands 
     owned by the State of Arizona that are located within the 
     exterior boundaries of lands owned by the Hopi tribe. It also 
     provides that the Secretary shall pay the State of Arizona 
     fair market value for such lands. It further provides that 
     the Secretary may only acquire such lands if the State of 
     Arizona concurs with the acquisition, the tribe pays for the 
     lands acquired through the condemnation, and the Hopi tribe 
     has not exceeded the 500,000 acre limit in the settlement 
     agreement. Finally, the section provides that the Secretary 
     shall take lands acquired under the section into trust for 
     the benefit of the Hopi Tribe in accordance with the 
     Settlement Agreement.
       SECTION SEVEN.--ACTION TO QUIET TITLE
       This section provides that if the United States fails to 
     discharge its obligations under section 9 of the settlement 
     agreement, the Hopi Tribe is authorized to bring an action of 
     quiet possession against any Navajo family residing on the 
     Hopi Partitioned Lands after February 1, 2000, that has not 
     entered into an accommodation agreement with the Hopi Tribe.


               SECTION EIGHT.--PAYMENTS IN LIEU OF TAXES

       This section amends 31 U.S.C. 6901 to authorize payments in 
     lieu of taxes for those lands acquired by the Hopi Tribe and 
     taken into trust by the Secretary of the Interior pursuant to 
     the Settlement Agreement.


                SECTION NINE.--75 YEAR LEASING AUTHORITY

       This section amends 25 U.S.C. 415 to provide authority to 
     the Hopi tribe to enter into 75 year leases with Navajo 
     Indians residing on the Hopi Partitioned Lands.
       SECTION TEN.--REAUTHORIZATION OF THE NAVAJO-HOPI RELOCATION 
     HOUSING PROGRAM
       This section extends the authorization of appropriations 
     for the Navajo-Hopi Relocation Housing Program through the 
     year 2000.

                          ____________________