[Congressional Record Volume 144, Number 41 (Thursday, April 2, 1998)]
[Senate]
[Pages S3139-S3141]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (for himself and Mr. Inouye):
  S. 1925. A bill to make certain technical corrections in laws 
relating to Native Americans, and for other purposes; to the Committee 
on Indian Affairs.


                   technical corrections legislation

  Mr. CAMPBELL. Mr. President, today I introduce legislation to make 
certain technical corrections to a number of unrelated laws affecting 
Indian tribes.
  I am pleased to be joined in this effort by my friend and colleague 
from Hawaii, Senator Inouye.
  The bill will allow us to address a series of minor amendments to 
Indian laws in one piece of legislation, without having to introduce 
and legislate on a number of separate bills.
  I conferred with the delegation of each state involved on each of 
these amendments and the delegations generally support the respective 
amendment affecting tribes in their states.
  The bill contains a total of 14 amendments addressing a variety of 
issues including: increasing the allowable lease terms of reservation 
lands; reservation boundary adjustments; amendments to facilitate water 
rights settlements; clarification of federal service areas for tribes; 
and a number of others.

[[Page S3140]]

  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1925

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

     SECTION 1. AUTHORIZATION FOR 99-YEAR LEASES.

       The second sentence of subsection (a) of the first section 
     of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 
     U.S.C. 415), is amended--
       (1) by inserting ``lands held in trust for the Confederated 
     Tribes of the Grand Ronde Community of Oregon,'' after 
     ``lands held in trust for the Cahuilla Band of Indians of 
     California,''; and
       (2) by inserting ``the Cabazon Indian Reservation,'' after 
     ``the Navajo Reservation,''.

     SEC. 2. GRAND RONDE RESERVATION ACT.

       Section 1(c) of the Act entitled ``An Act to establish a 
     reservation for the Confederated Tribes of the Grand Ronde 
     Community of Oregon, and for other purposes,'' approved 
     September 9, 1988 (102 Stat. 1594), is amended--
       (1) by striking ``10,120.68 acres of land'' and inserting 
     ``10,311.60 acres of land''; and
       (2) in the table contained in that subsection, by striking 
     all after


 
 
 
 
   ``4       7      30  Lots 3, 4, SW\1/4\NE\1/4\, SE\1/           240''
                         4\NW\1/4\, E\1/2\SW\1/4\;......
 

     through the end of the table, and inserting the following:


 
 
 
 
   ``6       8       1  N\1/2\SW\1/4\...................           29.59
     6       8      12  W\1/2\SW\1/4\NE\1/4\, SE\1/                21.70
                         4\SW\1/4\NE\1/4\NW\1/4\, N\1/
                         2\SE\1/4\NW\1/4\, N\1/2\SW\1/
                         4\SW\1/4\SE\1/4\...............
     6       8      13  W\1/2\E\1/2\NW\1/4\NW\1/4\......            5.31
     6       7       7  E\1/2\E\1/2\....................           57.60
     6       7       8  SW\1/4\SW\1/4\NW\1/4\, W\1/                22.46
                         2\SW\1/4\......................
     6       7      17  NW\1/4\NW\1/4\, N\1/2\SW\1/                10.84
                         4\NW\1/4\......................
     6       7      18  E\1/2\NE\1/4\...................           43.42
                                                         ---------------
     6  ......  ......        Total.....................    10,311.60''.
 

     SEC. 3. SAN CARLOS APACHE WATER RIGHTS SETTLEMENT.

       Section 3711(b) of the San Carlos Apache Tribe Water Rights 
     Settlement Act of 1992 (106 Stat. 4752) is amended by 
     striking ``subsections (c) and (d) of section 3704'' 
     inserting ``section 3704(d)''.

     SEC. 4. YUROK SETTLEMENT RECOGNITION.

       Section 4 of Public Law 98-458 (25 U.S.C. 1407) is 
     amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by inserting ``or'' at the end; and
       (3) by inserting after paragraph (3) the following:
       ``(4) are distributed pursuant to--
       ``(A) the judgment of the United States Claims Court (which 
     was subsequently reorganized as the United States Court of 
     Federal Claims) in Jesse Short et al. v. United States, 486 
     F2d. 561 (Ct. Cl. 1973); or
       ``(B) any other judgment of the United States Court of 
     Federal Claims in favor of 1 or more individual Indians,''.

     SEC. 5. SELF-DETERMINATION CONTRACT CARRY-OVER EXPENDITURE 
                   AUTHORIZATION.

       Notwithstanding any other provision of law, any funds that 
     were provided to the Ponca Tribe of Nebraska for any of the 
     fiscal years 1992 through 1998 pursuant to a self-
     determination contract with the Secretary of Health and Human 
     Services that the Ponca Tribe of Nebraska entered into under 
     section 102 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450f) that were retained by the 
     Ponca Tribe of Nebraska to carry out programs and functions 
     of the Indian Health Service may be used by the Ponca Tribe 
     of Nebraska to purchase or build facilities for the health 
     services programs of the Ponca Tribe of Nebraska.

     SEC. 6. NAVAJO-HOPI LAND DISPUTE SETTLEMENT ACT.

       Section 12 of the Navajo-Hopi Land Dispute Settlement Act 
     (Public Law 104-301; 110 Stat. 3653) is amended--
       (1) in subsection (a)(1)(C), in the first sentence, by 
     inserting ``of surface water'' after ``on such lands''; and
       (2) in subsection (b), striking ``subsection (a)(3)'' both 
     places it appears and inserting ``subsection (a)(1)(C)''.

     SEC. 7. TREATMENT OF CERTAIN DEMONSTRATION PROJECTS.

       (a) In General.--The Secretary of the Interior shall take 
     such action as may be necessary to extend the terms of the 
     projects referred to in section 512 of the Indian Health Care 
     Improvement Act (25 U.S.C. 1660b) so that the term of each 
     such project expires on October 1, 2002.
       (b) Amendment to Indian Health Care Improvement Act.--
     Section 512 of the Indian Health Care Improvement Act (25 
     U.S.C. 1660b) is amended by adding at the end the following:
       ``(c) In addition to the amounts made available under 
     section 514 to carry out this section through fiscal year 
     2000, there are authorized to be appropriated such sums as 
     may be necessary to carry out this section for each of fiscal 
     years 2001 and 2002.''.

     SEC. 8. CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND 
                   SIUSLAW INDIANS RESERVATION ACT.

       Section 7(b) of the Coos, Lower Umpqua, and Siuslaw 
     Restoration Act (Public Law 98-481, 98 Stat. 2253) is amended 
     by adding at the end the following:
       ``(4) In Lane County, Oregon, a parcel described as 
     beginning at the common corner to sections 23, 24, 25, and 26 
     township 18 south, range 12 west, Willamette Meridian; then 
     west 25 links; then north 2 chains and 50 links; then east 25 
     links to a point on the section line between sections 23 and 
     24; then south 2 chains and 50 links to the place of origin, 
     and containing .062 of an acre, more or less, situated and 
     lying in section 23, township 18 south, range 12 west, of 
     Willamette Meridian.''.

     SEC. 9. HOOPA VALLEY RESERVATION BOUNDARY ADJUSTMENT.

       Section 2(b) of the Hoopa Valley Reservation South Boundary 
     Adjustment Act (25 U.S.C. 1300i-1 note) is amended--
       (1) by striking ``north 72 degrees 30 minutes east'' and 
     inserting ``north 73 degrees 50 minutes east''; and
       (2) by striking ``south 15 degrees 59 minutes east'' and 
     inserting ``south 14 degrees 36 minutes east''.

     SEC. 10. CLARIFICATION OF SERVICE AREA FOR CONFEDERATED 
                   TRIBES OF SILETZ INDIANS OF OREGON.

       Section 2 of the Act entitled ``An Act to establish a 
     reservation for the Confederated Tribes of Siletz Indians of 
     Oregon'', approved September 4, 1980 (94 Stat. 1073 and 
     1074), is amended--
       (1) in the first sentence, by striking ``The Secretary'' 
     and inserting ``(a) The Secretary''; and
       (2) by adding at the end the following:
       ``(b) Subject to the express limitations under sections 4 
     and 5, for purposes of determining eligibility for Federal 
     assistance programs, the service area of the Confederated 
     Tribes of the Siletz Indians of Oregon shall include Benton, 
     Clackamas, Lane, Lincoln, Linn, Marion, Multnomah, Polk, 
     Tillamook, Washington, and Yamhill Counties in Oregon.''.

     SEC. 11. MICHIGAN INDIAN LAND CLAIMS SETTLEMENT.

       Section 111 of the Michigan Indian Land Claims Settlement 
     Act (111 Stat. 2665) is amended--
       (1) by striking ``The eligibility'' and inserting the 
     following:
       ``(b) Treatment of Funds for Purposes of Certain Federal 
     Programs and Benefits.--The eligibility''; and
       (2) by inserting before subsection (b), as designated by 
     paragraph (1) of this section, the following:
       ``(a) Treatment of Funds for Purposes of Income Taxes.--
     None of the funds distributed pursuant to this Act, or 
     pursuant to

[[Page S3141]]

     any plan approved in accordance with this Act, shall be 
     subject to Federal or State income taxes.''.

     SEC. 12. MISCELLANEOUS TECHNICAL CORRECTIONS.

       (a) Authorization.--Section 711(h) of the Indian Health 
     Care Improvement Act (25 U.S.C. 1665j(h)) is amended by 
     striking ``for each'' and all that follows through ``2000,'' 
     and inserting ``for each of fiscal years 1996 through 
     2000,''.
       (b) Reference.--Section 4(12)(B) of the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4103(12)(B)) is amended by striking ``Indian Self-
     Determination and Education Assistance Act of 1975'' and 
     inserting ``Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.)''.

     SEC. 13. TRANSFER OF WATER RIGHTS.

       The Jicarilla Apache Tribe Water Rights Settlement Act (106 
     Stat. 2237 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 12. TRANSFER OF WATER RIGHTS.

       ``(a) In General.--In accordance with the requirements of 
     section 2116 of the Revised Statutes (25 U.S.C. 177), the 
     transfer of water rights set forth in paragraph (5) of the 
     stipulation and settlement agreement between the Jicarilla 
     Apache Tribe and other parties to the case referred to in 
     section 8(e)(1)(B)(ii), that was executed on October 7, 1997, 
     is approved.
       ``(b) Effective Date.--The approval under subsection (a) 
     shall become effective on the date of entry of a partial 
     final decree by the court for the case referred to in that 
     subsection that quantifies the reserved water rights claims 
     of the Jicarilla Apache Tribe.''.

     SEC. 14. NATIVE HAWAIIAN HEALTH SCHOLARSHIP PROGRAM.

       (a) Eligibility.--Section 10(a)(1) of the Native Hawaiian 
     Health Care Act of 1988 (42 U.S.C. 11709(a)(1)) is amended by 
     striking ``meet the requirements of section 338A of the 
     Public Health Service Act (42 U.S.C. 2541)'' and inserting 
     ``meet the requirements of paragraphs (1), (3), and (4) of 
     section 338A(b) of the Public Health Service Act (42 U.S.C. 
     254l(b))''.
       (b) Terms and Conditions.--Section 10(b)(1) of the Native 
     Hawaiian Health Care Act of 1988 (42 U.S.C. 11709(b)(1)) is 
     amended--
       (1) in subparagraph (A), by inserting ``identified in the 
     Native Hawaiian comprehensive health care master plan 
     implemented under section 4'' after ``health care 
     professional'';
       (2) by redesignating subparagraphs (B) through (D) as 
     subparagraphs (C) through (E), respectively;
       (3) by inserting after subparagraph (A) the following:
       ``(B) the primary health services covered under the 
     scholarship assistance program under this section shall be 
     the services included under the definition of that term under 
     section 12(8),'';
       (4) by striking subparagraph (D), as redesignated, and 
     inserting the following:
       ``(D) the obligated service requirement for each 
     scholarship recipient shall be fulfilled through the full-
     time clinical or nonclinical practice of the health 
     profession of scholarship recipient, in an order of priority 
     that would provide for practice--
       ``(i) first, in any 1 of the 5 Native Hawaiian health care 
     systems, and
       ``(ii) second, in--

       ``(I) a health professional shortage area or medically 
     underserved area located in the State of Hawaii, or
       ``(II) geographic area or facility that is--

       ``(aa) located in the State of Hawaii, and
       ``(bb) has a designation that is similar to a designation 
     described in subclause (I) made by the Secretary, acting 
     through the Public Health Service,'';
       (5) in subparagraph (E), as redesignated, by striking the 
     period and inserting a comma; and
       (6) by adding at the end the following:
       ``(F) the obligated service of a scholarship recipient 
     shall not be performed by the recipient through membership in 
     the National Health Service Corps, and
       ``(G) the requirements of sections 331 through 338 of the 
     Public Health Service Act (42 U.S.C. 254d through 254k), 
     section 338C of that Act (42 U.S.C. 254m), other than 
     subsection (b)(5) of that section, and section 338D of that 
     Act (42 U.S.C. 254n) applicable to scholarship assistance 
     provided under section 338A of that Act (42 U.S.C. 254l) 
     shall not apply to the scholarship assistance provided under 
     subsection (a) of this section.''.
                                 ______