[Congressional Record Volume 148, Number 130 (Monday, October 7, 2002)]
[Senate]
[Pages S10047-S10051]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE:
  S. 3066. A bill to improve programs relating to Indian tribes; to the 
Committee on Indian Affairs.
  Mr. INOUYE. Mr. President, I ask unanimous consent that the text of 
the bill and a section-by-section analysis be printed in the Record.
  There being no objection, the bill and additional material was 
ordered to be printed in the Record, as follows:

                                S. 3066

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Indian 
     Technical Corrections Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.

         TITLE I--PROGRAMS RELATING TO PARTICULAR INDIAN TRIBES

Sec. 101. Leases of restricted land.
Sec. 102. Lease of tribally-owned land by Assiniboine and Sioux Tribes 
              of the Fort Peck Reservation.
Sec. 103. Navajo-Hopi relocation impact study.
Sec. 104. Indian health demonstration project.
Sec. 105. Fetal alcohol syndrome and fetal alcohol effect grants.
Sec. 106. Illegal narcotics traffic on the Tohono O'Odham and St. Regis 
              Reservations.
Sec. 107. Rehabilitation of Celilo Indian Village.
Sec. 108. Rural health care facility, Fort Berthold Indian Reservation, 
              North Dakota.
Sec. 109. Health care funding allocation, Eagle Butte Service Unit.
Sec. 110. Oklahoma Native American Cultural Center and Museum.
Sec. 111. Certification of rental proceeds.
Sec. 112. Waiver of repayment of expert assistance loans to the Oglala 
              Sioux Tribe.
Sec. 113. Waiver of repayment of expert assistance loans to the 
              Seminole Tribe of Oklahoma.
Sec. 114. Facilitation of construction of pipeline to provide water for 
              emergency fire suppression and other purposes.
Sec. 115. Conveyance of Native Alaskan objects.
Sec. 116. Shakopee fee land.
Sec. 117. Agreement with Dry Prairie Rural Water Association, 
              Incorporated.

 TITLE II--COLLABORATION BETWEEN TRIBAL GOVERNMENTS AND FOREST SERVICE

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Forest legacy program.
Sec. 204. Forestry and resource management assistance to Indian tribes.

     TITLE III--PUEBLO OF SANTA CLARA AND SAN ILDEFONSO, NEW MEXICO

Sec. 301. Definitions.
Sec. 302. Trust for the Pueblo of Santa Clara, New Mexico.
Sec. 303. Trust for the Pueblo of San Ildefonso, New Mexico.
Sec. 304. Survey and legal descriptions.
Sec. 305. Administration of trust land.
Sec. 306. Effect.

     SEC. 2. DEFINITION OF SECRETARY.

       In this Act, the term ``Secretary'' means the Secretary of 
     the Interior.

              TITLE I--PROGRAMS RELATING TO INDIAN TRIBES

     SEC. 101. LEASES OF RESTRICTED LAND.

       Subsection (a) of the first section of the Act of August 9, 
     1955 (25 U.S.C. 415(a)) is amended by adding at the end the 
     following: ``Notwithstanding any other provision of law, no 
     approval by the Secretary shall be required for any new 
     lease, or for renewal of any existing lease, of land under 
     this subsection if the lease, including all periods covered 
     by any renewal, is for an aggregate term of less than 7 
     years.''.

     SEC. 102. LEASE OF TRIBALLY-OWNED LAND BY ASSINIBOINE AND 
                   SIOUX TRIBES OF THE FORT PECK RESERVATION.

       The first section of the Act of August 9, 1955 (25 U.S.C. 
     415) is amended by adding at the end the following:
       ``(g) Lease of Tribally-Owned Land by Assiniboine and Sioux 
     Tribes of the Fort Peck Reservation.--
       ``(1) In general.--Notwithstanding subsection (a) and any 
     regulations under part 162 of title 25, Code of Federal 
     Regulations, subject to paragraph (2), the Assiniboine and 
     Sioux Tribes of the Fort Peck Reservation may lease to the 
     Northern Border Pipeline Company tribally-owned land on the 
     Fort Peck Indian Reservation for 1 or more interstate gas 
     pipelines.
       ``(2) Conditions.--A lease entered into under paragraph 
     (1)--
       ``(A) shall commence during fiscal year 2011 for an initial 
     term of 25 years;
       ``(B) may be renewed for an additional term of 25 years; 
     and
       ``(C) shall specify in the terms of the lease an annual 
     rental rate--
       ``(i) which rate shall be increased by 3 percent for each 
     5-year period; and
       ``(ii) the adjustment of which in accordance with clause 
     (i) shall be considered to satisfy any review requirement 
     under part 162 of title 25, Code of Federal Regulations.''.

     SEC. 103. NAVAJO-HOPI RELOCATION IMPACT STUDY.

       (a) In General.--Section 34 of Public Law 93-531 (commonly 
     known as the ``Navajo-Hopi Land Settlement Act of 1974'') (25 
     U.S.C. 640d et seq.) (as added by section 203 of the Indian 
     Programs Reauthorization and Technical Amendments Act of 
     2002) is amended to read as follows:

     ``SEC. 34. NAVAJO-HOPI RELOCATION IMPACT STUDY.

       ``(a) In General.--Not later than 120 days after the date 
     of enactment of this section, the Office of Navajo and Hopi 
     Indian Relocation shall enter into a contract with an 
     independent contractor under which the independent contractor 
     shall complete, not later than 18 months after the date of 
     enactment of this section, a study to determine whether--
       ``(1) the purposes of this Act have been achieved; and
       ``(2) recommended activities should be carried out to 
     mitigate the consequences of the implementation of this Act.
       ``(b) Scope.--The study conducted under subsection (a) 
     shall include an analysis of--
       ``(1) the long-term effects of the relocation programs 
     under this Act on the Hopi Tribe and the Navajo Nation;
       ``(2) the ongoing needs of the Hopi and Navajo populations 
     relocated under this Act;
       ``(3) the ongoing needs of the other communities affected 
     by relocations under this Act (including communities affected 
     by section 10(f) and communities on Hopi partitioned land and 
     Navajo partitioned land);

[[Page S10048]]

       ``(4) the effects of termination of the relocation programs 
     under this Act, including the effects of--
       ``(A) closure of the Office of Navajo and Hopi Indian 
     Relocation; and
       ``(B) transfer of responsibilities of that Office to other 
     Federal agencies, the Hopi Tribe, and the Navajo Nation in 
     accordance with applicable provisions of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.); and
       ``(5) other appropriate factors, as determined by the 
     Office of Navajo and Hopi Indian Relocation.
       ``(c) Restriction on Study.--The study conducted under 
     subsection (a) shall neither address, nor make any 
     recommendations relating to, the relocation requirements for 
     Navajos and Hopis under this Act, including any proposals for 
     the return of Navajos or Hopis.
       ``(d) Report.--Not later than 2 years after the date of 
     enactment of this section, the Office of Navajo and Hopi 
     Relocation shall submit to Congress, the Hopi Tribe, and the 
     Navajo Nation a report that describes the results of the 
     study conducted under subsection (a).
       ``(e) Funding.--Of amounts made available to the Office of 
     Navajo and Hopi Indian Relocation, not more than $1,000,000 
     shall be made available to carry out this section.''.
       (b) Effective Date.--The amendment made by this section 
     takes effect on the later of--
       (1) the date of enactment of this Act; or
       (2) the date of enactment of the Indian Programs 
     Reauthorization and Technical Amendments Act of 2002.

     SEC. 104. INDIAN HEALTH DEMONSTRATION PROJECT.

       Section 10 of the Ponca Restoration Act (25 U.S.C. 983h) is 
     amended by adding at the end the following:
       ``(e) Demonstration Project.--The Director of the Indian 
     Health Service shall direct the Aberdeen Area Office of the 
     Indian Health Service to carry out, in coordination with the 
     Tribe, a demonstration project to determine--
       ``(1) the ability of an urban, restored facility of the 
     Tribe to provide health services to members residing in 
     Douglas County and Sarpy County, Nebraska, and Pottawattamie 
     County, Iowa;
       ``(2) the viability of using third-party billing to enable 
     a facility described in paragraph (1) to become self-
     sustaining; and
       ``(3) the effectiveness of using a computer-registered 
     patient management system in the counties specified in 
     paragraph (1).''.

     SEC. 105. FETAL ALCOHOL SYNDROME AND FETAL ALCOHOL EFFECT 
                   GRANTS.

       Section 708(f)(2) of the Indian Health Care Improvement Act 
     (25 U.S.C. 1665g(f)(2)) (as amended by section 103(g)(1)(C) 
     of the Indian Programs Reauthorization and Technical 
     Amendments Act of 2002) is amended by inserting before the 
     period at the end the following: ``(including to carry out 
     demonstration projects that involve 1 or more Indian tribes, 
     tribal organizations, or urban Indian organizations working 
     with organizations such as the National Organization on Fetal 
     Alcohol Syndrome to carry out subparagraphs (A) and (F) of 
     subsection (a)(2))''.

     SEC. 106. ILLEGAL NARCOTICS TRAFFIC ON THE TOHONO O'ODHAM AND 
                   ST. REGIS RESERVATIONS.

       (a) In General.--Section 4216(a)(3) of the Indian Alcohol 
     and Substance Abuse Prevention and Treatment Act of 1986 (25 
     U.S.C. 2442(a)(3)) (as amended by section 104(e)(1) of the 
     Indian Programs Reauthorization and Technical Amendments Act 
     of 2002) is amended by striking paragraph (3) and inserting 
     the following:
       ``(3) Authorization of appropriations.--There is authorized 
     to be appropriated--
       ``(A) to carry out paragraph (1)(A), $1,000,000 for each of 
     fiscal years 2002 through 2006; and
       ``(B) to carry out provisions of this subsection other than 
     paragraph (1)(A), such sums as are necessary for each of 
     fiscal years 2002 through 2006.''.
       (b) Effective Date.--The amendment made by this section 
     takes effect on the later of--
       (1) the date of enactment of this Act; or
       (2) the date of enactment of the Indian Programs 
     Reauthorization and Technical Amendments Act of 2002.

     SEC. 107. REHABILITATION OF CELILO INDIAN VILLAGE.

       Section 401(b)(3) of Public Law 100-581 (102 Stat. 2944) is 
     amended by inserting ``Celilo Village and other'' before 
     ``existing sites''.

     SEC. 108. RURAL HEALTH CARE FACILITY, FORT BERTHOLD INDIAN 
                   RESERVATION, NORTH DAKOTA.

       The Three Affiliated Tribes and Standing Rock Sioux Tribe 
     Equitable Compensation Act is amended--
       (1) in section 3504 (106 Stat. 4732), by adding at the end 
     the following:
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section.''; and
       (2) by striking section 3511 (106 Stat. 4739) and inserting 
     the following:

     ``SEC. 3511. RURAL HEALTH CARE FACILITY, FORT BERTHOLD INDIAN 
                   RESERVATION, NORTH DAKOTA.

       ``There is authorized to be appropriated to the Secretary 
     of Health and Human Services for the construction of a rural 
     health care facility on the Fort Berthold Indian Reservation 
     of the Three Affiliated Tribes, North Dakota, $20,000,000.''.

     SEC. 109. HEALTH CARE FUNDING ALLOCATION, EAGLE BUTTE SERVICE 
                   UNIT.

       Section 117 of the Indian Health Care Improvement Act (25 
     U.S.C. 1616j) is amended by adding at the end the following:
       ``(g) Cheyenne River Sioux Tribe Bonus Payment.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, to promote more efficient use of the health care funding 
     allocation for fiscal year 2003, the Eagle Butte Service Unit 
     of the Indian Health Service, at the request of the Cheyenne 
     River Sioux Tribe, may carry out a program under which a 
     health professional may be paid--
       ``(A) a base salary in an amount up to the highest grade 
     and step available to a physician, pharmacist, or other 
     health professional, as the case may be; and
       ``(B) a recruitment or retention bonus of up to 25 percent 
     of the base salary rate of the health professional.
       ``(2) Monitoring and reporting.--If the Service implements 
     the program under paragraph (1), the Service shall--
       ``(A) monitor the program closely; and
       ``(B) not later than September 30, 2003, submit to the 
     Committee on Indian Affairs of the Senate and the Committee 
     on Resources and the Committee on Energy and Commerce of the 
     House of Representatives a report that includes an evaluation 
     of the program.''.

     SEC. 110. OKLAHOMA NATIVE AMERICAN CULTURAL CENTER AND 
                   MUSEUM.

       Section 1 of the Act entitled ``An Act to authorize the 
     construction of a Native American Cultural Center and Museum 
     in Oklahoma City, Oklahoma'' is amended--
       (1) by striking subsection (c)(3) and inserting the 
     following:
       ``(3) Director.--The term `Director' means the Director of 
     the Institute of Museum and Library Services.''; and
       (2) by striking ``Secretary'' each place it appears and 
     inserting ``Director''.

     SEC. 111. CERTIFICATION OF RENTAL PROCEEDS.

       Notwithstanding any other provision of law, any actual 
     rental proceeds from the lease of land acquired under section 
     1 of Public Law 91-229 (25 U.S.C. 488) certified by the 
     Secretary of the Interior shall be deemed--
       (1) to constitute the rental value of that land; and
       (2) to satisfy the requirement for appraisal of that land.

     SEC. 112. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO 
                   THE OGLALA SIOUX TRIBE.

       Notwithstanding any other provision of law--
       (1) the balances of all outstanding expert assistance loans 
     made to the Oglala Sioux Tribe under Public Law 88-168 (77 
     Stat. 301), and relating to Oglala Sioux Tribe v. United 
     States (Docket No. 117 of the United States Court of Federal 
     Claims), including all principal and interest, are canceled; 
     and
       (2) the Secretary of the Interior shall take such action as 
     is necessary to--
       (A) document the cancellation under paragraph (1); and
       (B) release the Oglala Sioux Tribe from any liability 
     associated with any loan described in paragraph (1).

     SEC. 113. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO 
                   THE SEMINOLE TRIBE OF OKLAHOMA.

       Notwithstanding any other provision of law--
       (1) the balances of all outstanding expert assistance loans 
     made to the Seminole Tribe of Oklahoma under Public Law 88-
     168 (77 Stat. 301), and relating to Seminole Tribe of 
     Oklahoma v. United States (Docket No. 247 of the United 
     States Court of Federal Claims), including all principal and 
     interest, are canceled; and
       (2) the Secretary of the Interior shall take such action as 
     is necessary to--
       (A) document the cancellation under paragraph (1); and
       (B) release the Seminole Tribe of Oklahoma from any 
     liability associated with any loan described in paragraph 
     (1).

     SEC. 114. FACILITATION OF CONSTRUCTION OF PIPELINE TO PROVIDE 
                   WATER FOR EMERGENCY FIRE SUPPRESSION AND OTHER 
                   PURPOSES.

       (a) In General.--Notwithstanding any other provision of 
     law, subject to valid existing rights under Federal and State 
     law, the land described in subsection (b), fee title to which 
     is held by the Barona Band of Mission Indians of California 
     (referred to in this section as the ``Band'')--
       (1) is declared to be held in trust by the United States 
     for the benefit of the Band; and
       (2) shall be considered to be a portion of the reservation 
     of the Band.
       (b) Land.--The land referred to in subsection (a) is land 
     comprising approximately 85 acres in San Diego County, 
     California, and described more particularly as follows: San 
     Bernardino Base and Meridian; T. 14 S., R. 1 E.; sec. 21: 
     W\1/2\SE\1/4\, 68 acres; NW\1/4\NW\1/4\, 17 acres.
       (c) Gaming.--The land taken into trust by subsection (a) 
     shall neither be considered to have been taken into trust for 
     gaming, nor be used for gaming (as that term is used in the 
     Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).

     SEC. 115. CONVEYANCE OF NATIVE ALASKAN OBJECTS.

       Notwithstanding any provision of law affecting the disposal 
     of Federal property, on the request of the Chugach Alaska 
     Corporation or Sealaska Corporation, the Secretary of 
     Agriculture shall convey to whichever of

[[Page S10049]]

     those corporations that has received title to a cemetery site 
     or historical place on National Forest System land conveyed 
     under section 14(h)(1) of the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1613(h)(1)) all artifacts, physical remains, 
     and copies of any available field records that--
       (1)(A) are in the possession of the Secretary of 
     Agriculture; and
       (B) have been collected from the cemetery site or 
     historical place; but
       (2) are not required to be conveyed in accordance with the 
     Native American Graves Protection Act and Repatriation Act 
     (25 U.S.C. 3001 et seq.) or any other applicable law.

     SEC. 116. SHAKOPEE FEE LAND.

       (a) In General.--Notwithstanding any other provision of 
     law, without further authorization by the United States, the 
     Shakopee Mdewakanton Sioux Community in the State of 
     Minnesota (referred to in this section as the ``Community'') 
     may lease, sell, convey, warrant, or otherwise transfer all 
     or any part of the interest of the Community in or to any 
     real property that is not held in trust by the United States 
     for the benefit of the Community.
       (b) Trust Land not Affected.--Nothing in this section--
       (1) authorizes the Community to lease, sell, convey, 
     warrant, or otherwise transfer all or part of an interest in 
     any real property that is held in trust by the United States 
     for the benefit of the Community; or
       (2) affects the operation of any law governing leasing, 
     selling, conveying, warranting, or otherwise transferring any 
     interest in that trust land.

     SEC. 117. AGREEMENT WITH DRY PRAIRIE RURAL WATER ASSOCIATION, 
                   INCORPORATED.

       (a) In General.--Any agreement between the Tribe and Dry 
     Prairie Rural Water Association, Incorporated (or any non-
     Federal successor entity) for the use of water to meet the 
     needs of the Dry Prairie system that is entered into under 
     section 5 of the Fort Peck Reservation Rural Water System Act 
     of 2000 (114 Stat. 1454)--
       (1) is approved by Congress; and
       (2) shall be approved and executed by the Secretary.

 TITLE II--COLLABORATION BETWEEN TRIBAL GOVERNMENTS AND FOREST SERVICE

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Tribal Governments and 
     Forest Service Collaboration Act of 2002''.

     SEC. 202. FINDINGS.

       Congress finds that--
       (1) Indian tribes, members of Indian tribes, and Alaska 
     Natives hold 100,600,000 acres of land (56,600,000 acres in 
     the lower 48 States and 44,000,000 acres in Alaska), equaling 
     4.2 percent of the land area of the United States;
       (2) land held in trust for Indian tribes shares thousands 
     of miles of common boundary with National Forest System land;
       (3) Indian tribes have reserved rights and interests that 
     affect the management of hundreds of thousands of acres of 
     National Forest System land;
       (4) National Forest System land contains hundreds of 
     thousands of acres in which Indian tribes have cultural, 
     religious, and traditional interests, including interests 
     recognized in--
       (A) the Native American Graves Protection and Repatriation 
     Act (25 U.S.C. 3001 et seq.); and
       (B) the Act of August 11, 1978 (42 U.S.C. 1996 et seq.) 
     (commonly referred to as the ``American Indian Religious 
     Freedom Act'');
       (5) tribal land and National Forest System land share 
     natural resource attributes in many common ecosystems, 
     including biodiversity of plant and animal fauna, timber, 
     fish, wildlife, range, soils, recreation attributes, 
     airsheds, and watersheds;
       (6) effective ecosystem management--
       (A) integrates ecological principles and economic and 
     social factors; and
       (B) safeguards ecological sustainability, biodiversity, and 
     productivity;
       (7) Federal land management activities on National Forest 
     System land are affecting ecosystems that encompass National 
     Forest System land and tribal land;
       (8) collaborative planning and management between Indian 
     tribes and the Forest Service needs to be strengthened;
       (9) management practices on National Forest System land 
     can--
       (A) adversely affect tribal trust, cultural, religious, and 
     traditional resources on National Forest System land; and
       (B) place tribal land and resources at risk;
       (10) Indian tribal land managers and National Forest System 
     land managers have shared interests in maintaining the health 
     of the forests and in coordinating and sustaining the timber 
     supply from National Forest System land and tribal trust land 
     in order to jointly contribute to the economic stability of 
     local, timber-dependent communities;
       (11) cross-boundary management collaboration is needed to 
     address forest health emergencies that currently exist on 
     Federal and tribal forest land because of substantial areas 
     of dead and dying trees resulting from drought, insects, 
     fire, windstorm, or other causes;
       (12) tribal communities possess unique traditional 
     knowledge and technical expertise that can provide valuable 
     insight and guidance in the management of land and resources 
     contained within the National Forest System;
       (13) the Forest Service lacks comprehensive authorities to 
     work with tribal neighbors on collaborative or other issues;
       (14)(A) in recognition of that goal, in October 1999, the 
     Chief Operating Officer of the Forest Service commissioned a 
     National Tribal Relations Program Task Force to develop 
     recommendations to improve working relationships with Indian 
     tribes; and
       (B) the Task Force issued a final report in August 2000, 
     including administrative and legislative recommendations on 
     which this title is based;
       (15) Indian tribes and National Forests would benefit from 
     improved coordination and integration in application of 
     wildland fire resources, including Native American fire 
     crews; and
       (16) the Forest and Rangeland Renewable Resources Research 
     Act of 1978 (16 U.S.C. 1600 et seq.) does not contain 
     specific authority for the Secretary to enter into 
     cooperative research and development agreements with tribal 
     governments.

     SEC. 203. FOREST LEGACY PROGRAM.

       (a) Participation by Indian Tribes.--Section 7 of the 
     Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c) 
     is amended--
       (1) in the first sentence of subsection (a), by inserting 
     ``, and Indian tribes,'' after ``government'';
       (2) in subsection (b), by inserting ``and programs of 
     Indian tribes'' after ``regional programs'';
       (3) in the second sentence of subsection (f), by striking 
     ``other appropriate State or regional natural resource 
     management agency'' and inserting ``other appropriate natural 
     resource management agency of a State, region, or Indian 
     tribe'';
       (4) in subsection (h)(2), by inserting ``or Indian tribe'' 
     before the period at the end; and
       (5) in the first sentence of subsection (j)(2), by 
     inserting ``Indian tribes,'' after ``governmental units,''.
       (b) Optional State and Tribal Grant Program.--
       ``(1) In general.--Section 7 of the Cooperative Forestry 
     Assistance Act of 1978 (16 U.S.C. 2103c) is amended by 
     striking subsection (l) and inserting the following:
       ``(l) Optional State and Tribal Grants.--
       ``(1) Definition of indian tribe.--In this subsection, the 
     term `Indian tribe' has the meaning given the term in section 
     4 of the Indian Self-Determination and Education Assistance 
     Act (25 U.S.C. 450b).
       ``(2) Grants.--At the request of a participating State or 
     participating Indian tribe, the Secretary shall provide a 
     grant to the State or Indian tribe to carry out the Forest 
     Legacy Program.
       ``(3) Administration.--If a State or Indian tribe elects to 
     receive a grant under this subsection--
       ``(A) the Secretary shall use a portion of the funds made 
     available under subsection (m), as determined by the 
     Secretary, to provide the grant to the State or Indian tribe; 
     and
       ``(B) the State or Indian tribe shall use the grant to 
     carry out the Forest Legacy Program.''.
       (2) Conforming amendments.--Section 7 of the Cooperative 
     Forestry Assistance Act of 1978 (16 U.S.C. 2103c) is 
     amended--
       (A) in subsection (i), by striking ``subsection (b)'' and 
     inserting ``this section'';
       (B) in subsection (j)(1), by striking the first sentence 
     and inserting the following: ``Fair market value shall be 
     paid for any property interest acquired under this 
     section.''; and
       (C) in subsection (k)(2), by striking ``United States or 
     its'' and inserting ``United States, a State, Indian tribe, 
     or other entity, or their''.

     SEC. 204. FORESTRY AND RESOURCE MANAGEMENT ASSISTANCE TO 
                   INDIAN TRIBES.

       (a) Authority to Provide Assistance.--The Secretary of 
     Agriculture may provide financial, technical, educational, 
     and related assistance to an Indian tribe (as defined in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b)) for--
       (1) tribal consultation and coordination with the Forest 
     Service on issues relating to--
       (A) access by members of the Indian tribe to National 
     Forest System land for traditional, religious, and cultural 
     purposes;
       (B) coordinated or cooperative management of resources 
     shared by the Forest Service and the Indian tribe; and
       (C) provision of tribal traditional, cultural, or other 
     expertise or knowledge;
       (2) projects and activities for conservation education and 
     awareness with respect to forest land and grassland under the 
     jurisdiction of the Indian tribe; and
       (3) technical assistance for forest resources planning, 
     management, and conservation on land under the jurisdiction 
     of the Indian tribe.
       (b) Implementation.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     promulgate regulations to implement subsection (a), including 
     rules for determining the distribution of assistance under 
     that subsection.
       (2) Consultation.--In carrying out paragraph (1), the 
     Secretary shall engage in full, open, and substantive 
     consultation with Indian tribes and representatives of Indian 
     tribes.
       (c) Coordination With the Secretary of the Interior.--The 
     Secretary of Agriculture shall coordinate with the Secretary 
     of the

[[Page S10050]]

     Interior during the establishment, implementation, and 
     administration of subsection (a) to ensure that programs 
     under that subsection--
       (1) do not conflict with tribal programs provided under the 
     authority of the Department of the Interior; and
       (2) meet the goals of the Indian tribes.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     TITLE III--PUEBLO OF SANTA CLARA AND SAN ILDEFONSO, NEW MEXICO

     SEC. 301. DEFINITIONS.

       In this title:
       (1) Agreement.--The term ``Agreement'' means the agreement 
     entitled ``Agreement to Affirm Boundary Between Pueblo of 
     Santa Clara and Pueblo of San Ildefonso Aboriginal Lands 
     Within Garcia Canyon Tract'', entered into by the Governors 
     on December 20, 2000.
       (2) Boundary line.--The term ``boundary line'' means the 
     boundary line established under section 304(a).
       (3) Governors.--The term ``Governors'' means--
       (A) the Governor of the Pueblo of Santa Clara, New Mexico; 
     and
       (B) the Governor of the Pueblo of San Ildefonso, New 
     Mexico.
       (4) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (5) Pueblos.--The term ``Pueblos'' means--
       (A) the Pueblo of Santa Clara, New Mexico; and
       (B) the Pueblo of San Ildefonso, New Mexico.
       (6) Trust land.--The term ``trust land'' means the land 
     held by the United States in trust under section 302(a) or 
     303(a).

     SEC. 302. TRUST FOR THE PUEBLO OF SANTA CLARA, NEW MEXICO.

       (a) In General.--All right, title, and interest of the 
     United States in and to the land described in subsection (b), 
     including improvements on, appurtenances to, and mineral 
     rights (including rights to oil and gas) to the land, shall 
     be held by the United States in trust for the Pueblo of Santa 
     Clara, New Mexico.
       (b) Description of Land.--The land referred to in 
     subsection (a) consists of approximately 2,484 acres of 
     Bureau of Land Management land located in Rio Arriba County, 
     New Mexico, and more particularly described as--
       (1) the portion of T. 20 N., R. 7 E., sec. 22, New Mexico 
     Principal Meridian, that is located north of the boundary 
     line;
       (2) the southern half of T. 20 N., R. 7 E., sec. 23, New 
     Mexico Principal Meridian;
       (3) the southern half of T. 20 N., R. 7 E., sec. 24, New 
     Mexico Principal Meridian;
       (4) T. 20 N., R. 7 E., sec. 25, excluding the 5-acre tract 
     in the southeast quarter owned by the Pueblo of San 
     Ildefonso;
       (5) the portion of T. 20 N., R. 7 E., sec. 26, New Mexico 
     Principal Meridian, that is located north and east of the 
     boundary line;
       (6) the portion of T. 20 N., R. 7 E., sec. 27, New Mexico 
     Principal Meridian, that is located north of the boundary 
     line;
       (7) the portion of T. 20 N., R. 8 E., sec. 19, New Mexico 
     Principal Meridian, that is not included in the Santa Clara 
     Pueblo Grant or the Santa Clara Indian Reservation; and
       (8) the portion of T. 20 N., R. 8 E., sec. 30, that is not 
     included in the Santa Clara Pueblo Grant or the San Ildefonso 
     Grant.

     SEC. 303. TRUST FOR THE PUEBLO OF SAN ILDEFONSO, NEW MEXICO.

       (a) In General.--All right, title, and interest of the 
     United States in and to the land described in subsection (b), 
     including improvements on, appurtenances to, and mineral 
     rights (including rights to oil and gas) to the land, shall 
     be held by the United States in trust for the Pueblo of San 
     Ildefonso, New Mexico.
       (b) Description of Land.--The land referred to in 
     subsection (a) consists of approximately 2,000 acres of 
     Bureau of Land Management land located in Rio Arriba County 
     and Santa Fe County in the State of New Mexico, and more 
     particularly described as--
       (1) the portion of T. 20 N., R. 7 E., sec. 22, New Mexico 
     Principal Meridian, that is located south of the boundary 
     line;
       (2) the portion of T. 20 N., R. 7 E., sec. 26, New Mexico 
     Principal Meridian, that is located south and west of the 
     boundary line;
       (3) the portion of T. 20 N., R. 7 E., sec. 27, New Mexico 
     Principal Meridian, that is located south of the boundary 
     line;
       (4) T. 20 N., R. 7 E., sec. 34, New Mexico Principal 
     Meridian; and
       (5) the portion of T. 20 N., R. 7 E., sec. 35, New Mexico 
     Principal Meridian, that is not included in the San Ildefonso 
     Pueblo Grant.

     SEC. 304. SURVEY AND LEGAL DESCRIPTIONS.

       (a) Survey.--Not later than 180 days after the date of 
     enactment of this Act, the Office of Cadastral Survey of the 
     Bureau of Land Management shall, in accordance with the 
     Agreement, complete a survey of the boundary line established 
     under the Agreement for the purpose of establishing, in 
     accordance with sections 302(b) and 303(b), the boundaries of 
     the trust land.
       (b) Legal Descriptions.--
       (1) Publication.--On approval by the Governors of the 
     survey completed under subsection (a), the Secretary shall 
     publish in the Federal Register--
       (A) a legal description of the boundary line; and
       (B) legal descriptions of the trust land.
       (2) Technical corrections.--Before the date on which the 
     legal descriptions are published under paragraph (1)(B), the 
     Secretary may correct any technical errors in the 
     descriptions of the trust land provided in sections 302(b) 
     and 303(b) to ensure that the descriptions are consistent 
     with the terms of the Agreement.
       (3) Effect.--Beginning on the date on which the legal 
     descriptions are published under paragraph (1)(B), the legal 
     descriptions shall be the official legal descriptions of the 
     trust land.

     SEC. 305. ADMINISTRATION OF TRUST LAND.

       (a) In General.--Effective beginning on the date of 
     enactment of this Act--
       (1) the land held in trust under section 302(a) shall be 
     declared to be a part of the Santa Clara Indian Reservation; 
     and
       (2) the land held in trust under section 303(a) shall be 
     declared to be a part of the San Ildefonso Indian 
     Reservation.
       (b) Applicable Law.--
       (1) In general.--The trust land shall be administered in 
     accordance with any law (including regulations) or court 
     order generally applicable to property held in trust by the 
     United States for Indian tribes.
       (2) Pueblo lands act.--The following shall be subject to 
     section 17 of the Act of June 7, 1924 (commonly known as the 
     ``Pueblo Lands Act'') (25 U.S.C. 331 note):
       (A) The trust land.
       (B) Any land owned as of the date of enactment of this Act 
     or acquired after the date of enactment of this Act by the 
     Pueblo of Santa Clara in the Santa Clara Pueblo Grant.
       (C) Any land owned as of the date of enactment of this Act 
     or acquired after the date of enactment of this Act by the 
     Pueblo of San Ildefonso in the San Ildefonso Pueblo Grant.
       (c) Use of Trust Land.--
       (1) In general.--Subject to the criteria developed under 
     paragraph (2), the trust land may be used only for--
       (A) traditional and customary uses; or
       (B) stewardship conservation for the benefit of the Pueblo 
     for which the trust land is held in trust.
       (2) Criteria.--The Secretary shall work with the Pueblos to 
     develop appropriate criteria for using the trust land in a 
     manner that preserves the trust land for traditional and 
     customary uses or stewardship conservation.
       (3) Limitation.--Beginning on the date of enactment of this 
     Act, the trust land shall not be used for any new commercial 
     developments.

     SEC. 306. EFFECT.

       Nothing in this title--
       (1) affects any valid right-of-way, lease, permit, mining 
     claim, grazing permit, water right, or other right or 
     interest of a person or entity (other than the United States) 
     that is--
       (A) in or to the trust land; and
       (B) in existence before the date of enactment of this Act;
       (2) enlarges, impairs, or otherwise affects a right or 
     claim of the Pueblos to any land or interest in land that 
     is--
       (A) based on Aboriginal or Indian title; and
       (B) in existence before the date of enactment of this Act;
       (3) constitutes an express or implied reservation of water 
     or water right with respect to the trust land; or
       (4) affects any water right of the Pueblos in existence 
     before the date of enactment of this Act.
                                  ____


Section by Section Analysis of S. 3059--Assiniboine and Sioux Tribes of 
    the Fort Peck Reservation Judgment Fund Distribution Act of 2002

       Section 1. Short Title. The Act may be cited as the 
     ``Assiniboine and Sioux Tribes of the Fort Peck Reservation 
     Judgment Fund Distribution Act of 2002.''
       Section 2. Findings and Purpose. Section 2 provides 
     congressional findings including that in 1987, the 
     Assiniboine and Sioux Tribes of the Fort Peck Reservation and 
     five individual Fort Peck tribal members filed a complaint in 
     the United States Claims Court in Assiniboine and Sioux 
     Tribes of the Fort Peck Reservation v. the United States of 
     America, Docket No. 773-87-L to recover interest earned on 
     trust funds while those funds were held in special deposit 
     and IMPL-agency accounts; in this case, the Court held that 
     the United States was liable for any income derived from 
     investment of the trust funds of the Tribe and individual 
     members of the Tribe; the plaintiffs entered into a 
     settlement with the United States for payment of the claims; 
     the terms of the settlement were approved by the Court and 
     judgment in the amount of $4,522,551.81 was entered;
       Section 3. Definitions. Terms defined in this section 
     include ``Distribution Amount,'' ``Judgment Amount,'' 
     ``Principal Indebtedness,'' and ``Tribe.''
       Section 4. Distribution of Judgment Funds. Section 4 
     describes how the distribution amount awarded to the Tribe 
     shall be made available for tribal health, education, housing 
     and social services programs of the Tribe and the amount of 
     funds allocated among these uses shall be specified in an 
     annual budget developed by the Tribe and approved by the 
     Secretary of the Interior.
       Section 5. Applicable Law. Section 5 provides that all 
     funds distributed under this act, except those distributed 
     under Section 4 are subject to sections 7 and 8 of the Indian 
     Tribal Judgment Funds Use or Distribution Act.

[[Page S10051]]

       Section 6. Agreement with Dry Prairie Rural Water 
     Association, Incorporated. Section 6 provides that any 
     agreement between the Tribe and the Dry Prairie Rural Water 
     Association for the use of water that is entered into under 
     section 5 of the Fort Peck Reservation Rural Water System Act 
     of 2000 is approved by Congress and shall be approved and 
     executed by the Secretary.
                                 ______