[Congressional Record Volume 148, Number 151 (Wednesday, November 20, 2002)]
[Senate]
[Pages S11742-S11770]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S11742]]
                           TEXT OF AMENDMENTS

  SA. 4979. Mr. REID (for Mr. Biden (for himself and Mr. Specter)) 
proposed an amendment to the bill S. 3079, to authorize the issuance of 
immigrant visas to, and the admission to the United States for 
permanent residence of, certain scientists, engineers, and technicians 
who have worked in Iraqi weapons of mass destruction programs; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Iraqi Scientists Immigration 
     Act of 2002''.

     SEC. 2. ADMISSION OF CRITICAL ALIENS.

       (a) Section 101(a)(15) of the Immigration and Nationality 
     Act, 8 U.S.C. 1101(a)(15), is amended--
       (1) by striking ``or'' at the end of subparagraph (U);
       (2) by striking the period at the end of subparagraph (V) 
     and inserting ``; or''; and
       (3) by adding a new subparagraph (W), reading:
       ``(W) Subject to section 214(s), an alien--
       ``(i) who the Attorney General determines, in coordination 
     with the Secretary of State, the Director of Central 
     Intelligence and such other officials as he may deem 
     appropriate, and in the Attorney General's unreviewable 
     discretion, is an individual--
       ``(I) who has worked at any time in an Iraqi program to 
     produce weapons of mass destruction or the means to deliver 
     them;
       ``(II) who is in possession of critical and reliable 
     information concerning any such Iraqi program;
       ``(III) who is willing to provide, or has provided, such 
     information to the United States Government;
       ``(IV) who may be willing to provide, or has provided, such 
     information to inspectors of the United Nations or of the 
     International Atomic Energy Agency;
       ``(V) who will be or has been placed in danger as a result 
     of providing such information; and
       ``(VI) whose admission would be in the public interest or 
     in the interest of national security; or
       ``(ii) who is the spouse, married or unmarried son or 
     daughter, parent, or other relative, as determined by the 
     Attorney General in his unreviewable discretion, of an alien 
     described in clause (i), if accompanying or following to join 
     such alien, and whose admission the Attorney General, in 
     coordination with the Secretary of State and the Director of 
     Central Intelligence, determines in his unreviewable 
     discretion is in the public interest or in the interest of 
     national security.''
       (b) Section 214 of the Immigration and Nationality Act, 8 
     U.S.C. 1184, is amended by--
       (1) redesignating subsections second (m) (as added by 
     section 105 of Public Law 106-313), (n) (as added by section 
     107(e) of Public Law 106-386, (o) (as added by section 
     1513(c) of Public Law 106-386), second (o) (as added by 
     section 1102(b) of the Legal Immigration Family Equity Act), 
     and (p) (as added by section 1503(b) of the Legal Immigration 
     Family Equity Act), as subsections (n), (o), (p), (q), and 
     (r), respectively; and
       (2) adding a new subsection (s) reading:
       ``(s) Numerical limitations and conditions of admission and 
     stay for nonimmigrants admitted under section 101(a)(15)(W).
       ``(1) The number of aliens who may be admitted to the 
     United States or otherwise granted status under section 
     101(a)(15)(W)(i) may not exceed a total of 500.
       ``(2) As a condition for the admission, and continued stay 
     in lawful status, of any alien admitted to the United States 
     or otherwise granted status as a nonimmigrant under section 
     101(a)(15)(W), the nonimmigrant--
       ``(A) shall report to the Attorney General such information 
     concerning the alien's whereabouts and activities as the 
     Attorney General may require;
       ``(B) may not be convicted of any criminal offense 
     punishable by a term of imprisonment of 1 year or more after 
     the date of such admission or grant of status;
       ``(C) must have executed a form that waives the 
     nonimmigrant's right to contest, other than on the basis of 
     an application for withholding of removal or for protection 
     under the Convention Against Torture, any action for removal 
     of the alien instituted before the alien obtains lawful 
     permanent resident status;
       ``(D) shall cooperate fully with all requests for 
     information from the United States Government including, but 
     not limited to, fully and truthfully disclosing to the United 
     States Government all information in the alien's possession 
     concerning any Iraqi program to produce weapons of mass 
     destruction or the means to deliver them; and
       ``(E) shall abide by any other condition, limitation, or 
     restriction imposed by the Attorney General.''.
       (c) Section 245 of the Immigration and Nationality Act, 8 
     U.S.C. 1255, is amended by--
       (I) In subsection (c) striking ``or'' before ``(8)'' and 
     inserting before the period, ``or (9) an alien who was 
     admitted as a nonimmigrant described in section 
     101(a)(15)(W)'';
       (2) Redesignating subsection (l), related to ``U'' visa 
     nonimmigrants, as subjection (m); and
       (3) Adding a new subsection (n) reading:
       ``(n) Adjustment to permanent resident status of ``W'' 
     nonimmigrants.
       ``(1) If, in the opinion of the Attorney General, a 
     nonimmigrant admitted into the United States (or otherwise 
     provided nonimmigrant status) under section 101(a)(15)(W)(i) 
     has complied with section 214(s) since such admission or 
     grant of status, the Attorney General may, in coordination 
     with the Secretary of State and the Director of Central 
     Intelligence, and in his unreviewable discretion, adjust the 
     status of the alien (and any alien who has accompanied or 
     followed to join such alien pursuant to section 
     101(a)(15)(W)(ii) and who has complied with section 214(s) 
     since admission or grant of nonimmigrant status) to that of 
     an alien lawfully admitted for permanent residence if the 
     alien is not described in section 212(a)(3)(E).
       ``(2) Upon the approval of adjustment of status of any 
     alien under paragraph (1), the Attorney General shall record 
     the alien's lawful admission for permanent residence as of 
     the date of such approval and the Secretary of State shall 
     reduce by one the number of visas authorized to be issued 
     under sections 201(d) and 203(b)(4) for the fiscal year then 
     current.''.
       (d) Section 212(d) of the Immigration and Nationality Act, 
     8 U.S.C. 1182(d), is amended by inserting a new paragraph 
     (d)(2) reading:
       ``(2) The Attorney General shall determine whether a ground 
     of inadmissibility exists with respect to a nonimmigrant 
     described in section 101(a)(15)(W). The Attorney General, in 
     the Attorney General's discretion, may waive the application 
     of subsection (a) in the case of such nonimmigrant if the 
     Attorney General considers it to be in the public interest or 
     in the interest of national security.''.
       (e) Section 248(1) of Immigration and Nationality Act, 8 
     U.S.C. 1258(1), is amended by striking ``or (S)'' and 
     inserting ``(S), or (W)''.

     SEC. 3. WEAPON OF MASS DESTRUCTION DEFINED.

       (a) In General.--In this Act, the term ``weapon of mass 
     destruction'' has the meaning given the term in section 
     1403(1) of the Defense Against Weapons of Mass Destruction 
     Act of 1996 (title XIV of Public Law 104-201; 110 Stat. 2727; 
     50 U.S.C. 2302(1)), as amended by subsection (b).
       (b) Technical Correction.--Section 1403(1)(B) of the 
     Defense against Weapons of Mass Destruction Act of 1996 
     (title XIV of Public Law 104-201; 110 Stat. 2717; 50 U.S.C. 
     2302(1)(B)) is amended by striking ``a disease organism'' and 
     inserting ``a biological agent, toxin, or vector (as those 
     terms are defined in section 178 of title 18, United States 
     Code)''.
                                 ______
                                 
  SA 4980. Mr. REID (for Mr. Inouye (for himself and Mr. Campbell)) 
proposed an amendment to the bill S. 2711, to reauthorize and improve 
programs relating to Native Americans; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Native 
     American Omnibus Act of 2002''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

                     TITLE I--ECONOMIC DEVELOPMENT

Sec. 1001. Short title.
Sec. 1002. Findings and purpose.
Sec. 1003. Amendments to Indian Financing Act.

                  TITLE II--LAND SETTLEMENT PROVISIONS

           Subtitle A--T'uf Shur Bien Preservation Trust Area

Sec. 2101. Short title.
Sec. 2102. Findings and purposes.
Sec. 2103. Definitions.
Sec. 2104. T'uf Shur Bien Preservation Trust Area.
Sec. 2105. Pueblo rights and interests in the Area.
Sec. 2106. Limitations on Pueblo rights and interests in the Area.
Sec. 2107. Management of the Area.
Sec. 2108. Jurisdiction over the Area.
Sec. 2109. Subdivisions and other property interests.
Sec. 2110. Extinguishment of claims.
Sec. 2111. Construction.
Sec. 2112. Judicial review.
Sec. 2113. Provisions relating to contributions and land exchange.
Sec. 2114. Authorization of appropriations.
Sec. 2115. Effective date.

                Subtitle B--Pueblo de Cochiti Settlement

Sec. 2201. Modification of Pueblo de Cochiti settlement.

       TITLE III--WATER SETTLEMENTS AND WATER-RELATED PROVISIONS

      Subtitle A--Zuni Heaven Restoration Water Rights Settlement

Sec. 3101. Short title.
Sec. 3102. Findings and purposes.
Sec. 3103. Definitions.
Sec. 3104. Authorization, ratifications, and confirmations.
Sec. 3105. Trust lands.
Sec. 3106. Development fund.
Sec. 3107. Claims extinguishment; waivers and releases.
Sec. 3108. Miscellaneous provisions.
Sec. 3109. Effective date for waiver and release authorizations.

                   Subtitle B--Quinault Indian Nation

Sec. 3201. Quinault Indian Nation water feasibility study.

     Subtitle C--Santee Sioux Tribe of Nebraska Rural Water System 
                           Feasibility Study

Sec. 3301. Study; report.
Sec. 3302. Authorization of appropriations.

[[Page S11743]]

                       TITLE IV--LAND PROVISIONS

Subtitle A--Agreement To Affirm Boundary Between Pubelo of Santa Clara 
 and Pueblo of San ildefonso Aboriginal Land Within Garcia Canyon Tract

Sec. 4101. Definitions.
Sec. 4102. Trust for the Pueblo of Santa Clara, New Mexico.
Sec. 4103. Trust for the Pueblo of San Ildefonso, New Mexico.
Sec. 4104. Survey and legal descriptions.
Sec. 4105. Administration of trust land.
Sec. 4106. Effect.

                 Subtitle B--Additional Land Provisions

Sec. 4201. Indian Land Consolidation Act amendments.
Sec. 4202. Mississippi Band of Choctaw Indians.
Sec. 4203. Removal of restrictions on Ute Tribe of the Uintah and Ouray 
              reservation land.
Sec. 4204. Reservation land of the Cow Creek Band of Umpqua Tribe of 
              Indians.
Sec. 4205. Disposition of fee land of the Seminole Tribe of Florida.
Sec. 4206. Disposition of fee land of the Shakopee Mdewakanton Sioux 
              Community.
Sec. 4207. Facilitation of construction of pipeline to provide water 
              for emergency fire suppression and other purposes.
Sec. 4208. Agreement with Dry Prairie Rural Water Association, 
              Incorporated.

                      TITLE V--LEASING PROVISIONS

Sec. 5001. Authorization of 99-year leases for Confederated Tribes of 
              the Umatilla Indian Reservation.
Sec. 5002. Authorization of 99-year leases for Yurok Tribe and Hopland 
              Band of Pomo Indians.
Sec. 5003. Lease of tribally-owned land by Assiniboine and Sioux Tribes 
              of the Fort Peck Reservation.
Sec. 5004. Leases of restricted land.

                  TITLE VI--JUDGMENT FUND DISTRIBUTION

   Subtitle A--Gila River Indian Community Judgment Fund Distribution

Sec. 6001. Short title.
Sec. 6002. Findings.
Sec. 6003. Definitions.

            Chapter 1--Gila River Judgment Fund Distribution

Sec. 6101. Distribution of judgment funds.
Sec. 6102. Responsibility of Secretary; applicable law.

    Chapter 2--Conditions Relating to Community Judgment Fund Plans

Sec. 6111. Plan for use and distribution of judgment funds awarded in 
              Docket No. 228.
Sec. 6112. Plan for use and distribution of judgment funds awarded in 
              Docket No. 236-N.

                   Chapter 3--Expert Assistance Loans

Sec. 6121. Waiver of repayment of expert assistance loans to Gila River 
              Indian Community.

 Subtitle B--Assiniboine and Sioux Tribes of the Fort Peck Reservation 
                       Judgment Fund Distribution

Sec. 6201. Short title.
Sec. 6202. Findings and purpose.
Sec. 6203. Definitions.
Sec. 6204. Distribution of judgment funds.
Sec. 6205. Applicable law.

              TITLE VII--REPAYMENT OF EXPERT WITNESS LOANS

Sec. 7001. Waiver of repayment of expert assistance loans to the Pueblo 
              of Santo Domingo.
Sec. 7002. Waiver of repayment of expert assistance loans to the Oglala 
              Sioux Tribe.
Sec. 7003. Waiver of repayment of expert assistance loans to the 
              Seminole Tribe of Oklahoma.

                 TITLE VIII--HEALTH-RELATED PROVISIONS

Sec. 8001. Rural health care facility, Fort Berthold Indian 
              Reservation, North Dakota.
Sec. 8002. Health care funding allocation, Eagle Butte Service Unit.
Sec. 8003. Indian health demonstration project.
Sec. 8004. Alaska treatment centers and facilities.

         TITLE IX--REAUTHORIZATION OF NATIVE AMERICAN PROGRAMS

Sec. 9001. Bosque Redondo Memorial Act.
Sec. 9002. Navajo-Hopi Land Settlement Cct of 1974.
Sec. 9003. Indian Health Care Improvement Act.
Sec. 9004. Indian Alcohol and Substance Abuse Prevention and Treatment 
              Act of 1986.
Sec. 9005. Indian Child Protection and Family Violence Prevention Act.
Sec. 9006. Native Hawaiian Health Care Improvement Act.
Sec. 9007. Four Corners Interpretive Center Act.
Sec. 9008. Environmental dispute resolution fund.

                   TITLE X--MISCELLANEOUS PROVISIONS

                    Subtitle A--Cultural Provisions

Sec. 10101. Oklahoma Native American Cultural Center and Museum.
Sec. 10102. Rehabilitation of Celilo Indian Village.
Sec. 10103. Conveyance of Native Alaskan objects.

               Subtitle B--Self-Determination Provisions

Sec. 10201. Indian Self-Determination Act amendments.

                   Subtitle C--Indian Arts and Crafts

Sec. 10301. Indian Arts and Crafts Act amendments.

              Subtitle D--Certification of Rental Proceeds

Sec. 10401. Certification of rental proceeds.

                     TITLE I--ECONOMIC DEVELOPMENT

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Indian Financing 
     Amendments Act of 2002''.

     SEC. 1002. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the Indian Financing Act of 1974 (25 U.S.C. 1451 et 
     seq.) was intended to provide Native American borrowers with 
     access to commercial sources of capital that otherwise would 
     not be available through the guarantee or insurance of loans 
     by the Secretary of the Interior;
       (2) although the Secretary of the Interior has made loan 
     guarantees and insurance available, use of those guarantees 
     and that insurance by lenders to benefit Native American 
     business borrowers has been limited;
       (3) 27 years after the date of enactment of the Indian 
     Financing Act of 1974 (25 U.S.C. 1451 et seq.), the promotion 
     and development of Native American-owned business remains an 
     essential foundation for growth of economic and social 
     stability of Native Americans;
       (4) use by commercial lenders of the available loan 
     insurance and guarantees may be limited by liquidity and 
     other capital market-driven concerns; and
       (5) it is in the best interest of the insured and 
     guaranteed loan program of the Department of the Interior--
       (A) to encourage the orderly development and expansion of a 
     secondary market for loans guaranteed or insured by the 
     Secretary of the Interior; and
       (B) to expand the number of lenders originating loans under 
     the Indian Financing Act of 1974 (25 U.S.C. 1451 et seq.).
       (b) Purpose.--The purpose of this title is to reform and 
     clarify the Indian Financing Act of 1974 (25 U.S.C. 1451 et 
     seq.) in order to--
       (1) stimulate the use by lenders of secondary market 
     investors for loans guaranteed or insured under a program 
     administered by the Secretary of the Interior;
       (2) preserve the authority of the Secretary to administer 
     the program and regulate lenders;
       (3) clarify that a good faith investor in loans insured or 
     guaranteed by the Secretary will receive appropriate 
     payments;
       (4) provide for the appointment by the Secretary of a 
     qualified fiscal transfer agent to establish and administer a 
     system for the orderly transfer of those loans; and
       (5)(A) authorize the Secretary to promulgate regulations to 
     encourage and expand a secondary market program for loans 
     guaranteed or insured by the Secretary; and
       (B) allow the pooling of those loans as the secondary 
     market develops.

     SEC. 1003. AMENDMENTS TO INDIAN FINANCING ACT.

       (a) Limitation on Loan Amounts Without Prior Approval.--
     Section 204 of the Indian Financing Act of 1974 (25 U.S.C. 
     1484) is amended in the last sentence by striking 
     ``$100,000'' and inserting ``$250,000''.
       (b) Sale or Assignment of Loans and Underlying Security.--
     Section 205 of the Indian Financing Act of 1974 (25 U.S.C. 
     1485) is amended--
       (1) by striking ``Any loan guaranteed'' and inserting the 
     following:
       ``(a) In General.--Any loan guaranteed or insured''; and
       (2) by adding at the end the following:
       ``(b) Initial Transfers.--
       ``(1) In general.--The lender of a loan guaranteed or 
     insured under this title may transfer to any individual or 
     legal entity--
       ``(A) all rights and obligations of the lender in the loan 
     or in the unguaranteed or uninsured portion of the loan; and
       ``(B) any security given for the loan.
       ``(2) Additional requirements.--With respect to a transfer 
     described in paragraph (1)--
       ``(A) the transfer shall be consistent with such 
     regulations as the Secretary shall promulgate under 
     subsection (i); and
       ``(B) the lender shall give notice of the transfer to the 
     Secretary.
       ``(3) Responsibilities of transferee.--On any transfer 
     under paragraph (1), the transferee shall--
       ``(A) be deemed to be the lender for the purpose of this 
     title;
       ``(B) become the secured party of record; and
       ``(C) be responsible for--
       ``(i) performing the duties of the lender; and
       ``(ii) servicing the loan in accordance with the terms of 
     the guarantee by the Secretary of the loan.
       ``(c) Secondary Transfers.--
       ``(1) In general.--Any transferee under subsection (b) of a 
     loan guaranteed or insured under this title may transfer to 
     any individual or legal entity--
       ``(A) all rights and obligations of the transferee in the 
     loan or in the unguaranteed or uninsured portion of the loan; 
     and
       ``(B) any security given for the loan.
       ``(2) Additional requirements.--With respect to a transfer 
     described in paragraph (1)--

[[Page S11744]]

       ``(A) the transfer shall be consistent with such 
     regulations as the Secretary shall promulgate under 
     subsection (i); and
       ``(B) the transferor shall give notice of the transfer to 
     the Secretary.
       ``(3) Acknowledgment by secretary.--On receipt of a notice 
     of a transfer under paragraph (2)(B), the Secretary shall 
     issue to the transferee an acknowledgement by the Secretary 
     of--
       ``(A) the transfer; and
       ``(B) the interest of the transferee in the guaranteed or 
     insured portion of the loan.
       ``(4) Responsibilities of lender.--Notwithstanding any 
     transfer permitted by this subsection, the lender shall--
       ``(A) remain obligated on the guarantee agreement or 
     insurance agreement between the lender and the Secretary;
       ``(B) continue to be responsible for servicing the loan in 
     a manner consistent with that guarantee agreement or 
     insurance agreement; and
       ``(C) remain the secured creditor of record.
       ``(d) Full Faith and Credit.--
       ``(1) In general.--The full faith and credit of the United 
     States is pledged to the payment of all loan guarantees and 
     loan insurance made under this title after the date of 
     enactment of this subsection.
       ``(2) Validity.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the validity of a guarantee or insurance of a loan under this 
     title shall be incontestable if the obligations of the 
     guarantee or insurance held by a transferee have been 
     acknowledged under subsection (c)(3).
       ``(B) Exception for fraud or misrepresentation.--
     Subparagraph (A) shall not apply in a case in which a 
     transferee has actual knowledge of fraud or 
     misrepresentation, or participates in or condones fraud or 
     misrepresentation, in connection with a loan.
       ``(e) Damages.--Notwithstanding section 3302 of title 31, 
     United States Code, the Secretary may recover from a lender 
     of a loan under this title any damages suffered by the 
     Secretary as a result of a material breach of the obligations 
     of the lender with respect to a guarantee or insurance by the 
     Secretary of the loan.
       ``(f) Fees.--The Secretary may collect a fee for any loan 
     or guaranteed or insured portion of a loan that is 
     transferred in accordance with this section.
       ``(g) Central Registration of Loans.--On promulgation of 
     final regulations under subsection (i), the Secretary shall--
       ``(1) provide for a central registration of all guaranteed 
     or insured loans transferred under this section; and
       ``(2) enter into 1 or more contracts with a fiscal transfer 
     agent--
       ``(A) to act as the designee of the Secretary under this 
     section; and
       ``(B) to carry out on behalf of the Secretary the central 
     registration and fiscal transfer agent functions, and 
     issuance of acknowledgements, under this section.
       ``(h) Pooling of Loans.--
       ``(1) In general.--Nothing in this title prohibits the 
     pooling of whole loans or interests in loans transferred 
     under this section.
       ``(2) Regulations.--In promulgating regulations under 
     subsection (i), the Secretary may include such regulations to 
     effect orderly and efficient pooling procedures as the 
     Secretary determines to be necessary.
       ``(i) Regulations.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary shall develop 
     such procedures and promulgate such regulations as are 
     necessary to facilitate, administer, and promote transfers of 
     loans and guaranteed and insured portions of loans under this 
     section.''.

                  TITLE II--LAND SETTLEMENT PROVISIONS

           Subtitle A--T'uf Shur Bien Preservation Trust Area

     SEC. 2101. SHORT TITLE.

       This subtitle may be cited as the ``T'uf Shur Bien 
     Preservation Trust Area Act''.

     SEC. 2102. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) in 1748, the Pueblo of Sandia received a grant from a 
     representative of the King of Spain, which grant was 
     recognized and confirmed by Congress in 1858 (11 Stat. 374); 
     and
       (2) in 1994, the Pueblo filed a civil action against the 
     Secretary of the Interior and the Secretary of Agriculture in 
     the United States District Court for the District of Columbia 
     (Civil No. 1:94CV02624), asserting that Federal surveys of 
     the grant boundaries erroneously excluded certain land within 
     the Cibola National Forest, including a portion of the Sandia 
     Mountain Wilderness.
       (b) Purposes.--The purposes of this subtitle are--
       (1) to establish the T'uf Shur Bien Preservation Trust Area 
     in the Cibola National Forest;
       (2) to confirm the status of national forest land and 
     wilderness land in the Area while resolving issues associated 
     with the civil action referred to in subsection (a)(2) and 
     the opinions of the Solicitor of the Department of the 
     Interior dated December 9, 1988 (M-36963; 96 I.D. 331) and 
     January 19, 2001 (M-37002); and
       (3) to provide the Pueblo, the parties to the civil action, 
     and the public with a fair and just settlement of the 
     Pueblo's claim.

     SEC. 2103. DEFINITIONS.

       In this subtitle:
       (1) Area.--
       (A) In general.--The term ``Area'' means the T'uf Shur Bien 
     Preservation Trust Area, comprised of approximately 9890 
     acres of land in the Cibola National Forest, as depicted on 
     the map.
       (B) Exclusions.--The term ``Area'' does not include--
       (i) the subdivisions;
       (ii) the Pueblo-owned land;
       (iii) the crest facilities; or
       (iv) the special use permit area.
       (2) Crest facilities.--The term ``crest facilities'' 
     means--
       (A) all facilities and developments located on the crest of 
     Sandia Mountain, including the Sandia Crest Electronic Site;
       (B) electronic site access roads;
       (C) the Crest House;
       (D) the upper terminal, restaurant, and related facilities 
     of Sandia Peak Tram Company;
       (E) the Crest Observation Area;
       (F) parking lots;
       (G) restrooms;
       (H) the Crest Trail (Trail No. 130);
       (I) hang glider launch sites;
       (J) the Kiwanis cabin; and
       (K) the land on which the facilities described in 
     subparagraphs (A) through (J) are located and the land 
     extending 100 feet along terrain to the west of each such 
     facility, unless a different distance is agreed to in writing 
     by the Secretary and the Pueblo and documented in the survey 
     of the Area.
       (3) Existing use.--The term ``existing use'' means a use 
     that--
       (A) is occurring in the Area as of the date of enactment of 
     this Act; or
       (B) is authorized in the Area after November 1, 1995, but 
     before the date of enactment of this Act.
       (4) La luz tract.--The term ``La Luz tract'' means the 
     tract comprised of approximately 31 acres of land owned in 
     fee by the Pueblo and depicted on the map.
       (5) Local public body.--The term ``local public body'' 
     means a political subdivision of the State of New Mexico (as 
     defined in New Mexico Code 6-5-1).
       (6) Map.--The term ``map'' means the Forest Service map 
     entitled ``T'uf Shur Bien Preservation Trust Area'' and dated 
     April 2000.
       (7) Modified use.--
       (A) In general.--The term ``modified use'' means an 
     existing use that, at any time after the date of enactment of 
     this Act, is modified or reconfigured but not significantly 
     expanded.
       (B) Inclusions.--The term ``modified use'' includes--
       (i) a trail or trailhead being modified, such as to 
     accommodate handicapped access;
       (ii) a parking area being reconfigured; and
       (iii) a special use authorization for a group recreation 
     use being authorized for a different use area or time period.
       (8) New use.--
       (A) In general.--The term ``new use'' means--
       (i) a use that is not occurring in the Area as of the date 
     of enactment of this Act; and
       (ii) an existing use that is being modified so as to be 
     significantly expanded or altered in scope, dimension, or 
     impact on the land, water, air, or wildlife resources of the 
     Area.
       (B) Exclusions.--The term ``new use'' does not include a 
     use that--
       (i) is categorically excluded from documentation 
     requirements under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.); or
       (ii) is carried out to comply with the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.).
       (9) Piedra lisa tract.--The term ``Piedra Lisa tract'' 
     means the tract comprised of approximately 160 acres of land 
     held in private ownership and depicted on the map.
       (10) Pueblo.--The term ``Pueblo'' means the Pueblo of 
     Sandia in its governmental capacity.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       (12) Settlement agreement.--The term ``Settlement 
     Agreement'' means the Agreement of Compromise and Settlement 
     dated April 4, 2000, among the United States, the Pueblo, and 
     the Sandia Peak Tram Company.
       (13) Special use permit.--The term ``special use permit'' 
     means the Special Use Permit issued December 1, 1993, by the 
     Secretary to Sandia Peak Tram Company and Sandia Peak Ski 
     Company
       (14) Special use permit area.--
       (A) In general.--The term ``special use permit area'' means 
     the land and facilities subject to the special use permit.
       (B) Inclusions.--The term ``special use permit area'' 
     includes--
       (i) approximately 46 acres of land used as an aerial 
     tramway corridor;
       (ii) approximately 945 acres of land used as a ski area; 
     and
       (iii) the land and facilities described in Exhibit A to the 
     special use permit, including--

       (I) the maintenance road to the lower tram tower;
       (II) water storage and water distribution facilities; and
       (III) 7 helispots.

       (15) Subdivision.--The term ``subdivision'' means--
       (A) the subdivision of--
       (i) Sandia Heights Addition;
       (ii) Sandia Heights North Unit I, II, or 3;
       (iii) Tierra Monte;
       (iv) Valley View Acres; or
       (v) Evergreen Hills; and
       (B) any additional plat or privately-owned property 
     depicted on the map.

[[Page S11745]]

       (16) Traditional or cultural use.--The term ``traditional 
     or cultural use'' means--
       (A) a ceremonial activity (including the placing of 
     ceremonial materials in the Area); and
       (B) the use, hunting, trapping, or gathering of plants, 
     animals, wood, water, and other natural resources for a 
     noncommercial purpose.

     SEC. 2104. T'UF SHUR BIEN PRESERVATION TRUST AREA.

       (a) Establishment.--The T'uf Shur Bien Preservation Trust 
     Area is established within the Cibola National Forest and the 
     Sandia Mountain Wilderness as depicted on the map--
       (1) to recognize and protect in perpetuity the rights and 
     interests of the Pueblo in and to the Area, as specified in 
     section 2105(a);
       (2) to preserve in perpetuity the national forest and 
     wilderness character of the Area; and
       (3) to recognize and protect in perpetuity the longstanding 
     use and enjoyment of the Area by the public.
       (b) Administration and Applicable Law.--
       (1) In general.--The Secretary shall continue to administer 
     the Area as part of the National Forest System consistent 
     with the provisions of this subtitle affecting management of 
     the Area.
       (2) Traditional or cultural uses.--Traditional or cultural 
     uses by Pueblo members and members of other federally-
     recognized Indian tribes authorized to use the Area by the 
     Pueblo under section 2105(a)(4) shall not be restricted 
     except by--
       (A) the Wilderness Act (16 U.S.C. 1131 et seq.) (including 
     regulations promulgated under that Act) as in effect on the 
     date of enactment of this Act; and
       (B) applicable Federal wildlife protection laws, as 
     provided in section 2106(a)(2).
       (3) Later enactments.--To the extent that any law enacted 
     or amended after the date of enactment of this Act is 
     inconsistent with this subtitle, the law shall not apply to 
     the Area unless expressly made applicable by Congress.
       (4) Trust.--The use of the word ``Trust'' in the name of 
     the Area--
       (A) is in recognition of the specific rights and interests 
     of the Pueblo in the Area; and
       (B) does not confer on the Pueblo the ownership interest 
     that exists in a case in which the Secretary of the Interior 
     accepts the title to land held in trust for the benefit of an 
     Indian tribe.
       (c) Map.--
       (1) Filing.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file the map and a 
     legal description of the Area with the Committee on Resources 
     of the House of Representatives and with the Committee on 
     Energy and Natural Resources of the Senate.
       (2) Public availability.--The map and legal description 
     shall be on file and available for public inspection in the 
     Office of the Chief of the Forest Service, Washington, 
     District of Columbia.
       (3) Effect.--The map and legal description filed under 
     paragraph (1) shall have the same effect as if the map and 
     legal description were included in this subtitle, except 
     that--
       (A) technical and typographical errors shall be corrected;
       (B) changes that may be necessary under subsection (b), 
     (d), or (e) of section 2109 or subsection (b) or (c) of 
     section 2113 shall be made; and
       (C) to the extent that the map and the language of this 
     subtitle conflict, the language of this subtitle shall 
     control.
       (d) No Conveyance of Title.--No right, title, or interest 
     of the United States in or to the Area or any part of the 
     Area shall be conveyed to or exchanged with any person, 
     trust, or governmental entity, including the Pueblo, without 
     specific authorization of Congress.
       (e) Prohibited uses.--
       (1) In general.--Notwithstanding any other provision of 
     law--
       (A) no use prohibited by the Wilderness Act (16 U.S.C. 1131 
     et seq.) as of the date of enactment of this Act shall be 
     permitted in the wilderness portion of the Area; and
       (B) none of the following uses shall be permitted in any 
     portion of the Area:
       (i) Gaming or gambling.
       (ii) Mineral production.
       (iii) Timber production.
       (iv) Any new use to which the Pueblo objects under section 
     2105(a)(3).
       (2) Mining claims.--The Area is closed to the location of 
     mining claims under Section 2320 of the Revised Statutes (30 
     U.S.C. 23) (commonly known as the ``Mining Law of 1872'').
       (f) No Modification of Boundaries.--Establishment of the 
     Area shall not--
       (1) affect the boundaries of or repeal or disestablish the 
     Sandia Mountain Wilderness or the Cibola National Forest; or
       (2) modify the existing boundary of the Pueblo grant.

     SEC. 2105. PUEBLO RIGHTS AND INTERESTS IN THE AREA.

       (a) General.--The Pueblo shall have the following rights 
     and interests in the Area:
       (1) Free and unrestricted access to the Area for 
     traditional or cultural uses, to the extent that those uses 
     are not inconsistent with--
       (A) the Wilderness Act (16 U.S.C. 1131 et seq.) (including 
     regulations promulgated under that Act) as in effect on the 
     date of enactment of this Act; or
       (B) applicable Federal wildlife protection laws as provided 
     in section 2106(a)(2).
       (2) Perpetual preservation of the national forest and 
     wilderness character of the Area under this subtitle.
       (3) Rights in the management of the Area as specified in 
     section 2107, including--
       (A) the right to consent or withhold consent to a new use;
       (B) the right to consultation regarding a modified use;
       (C) the right to consultation regarding the management and 
     preservation of the Area; and
       (D) the right to dispute resolution procedures.
       (4) Exclusive authority, in accordance with the customs and 
     laws of the Pueblo, to administer access to the Area for 
     traditional or cultural uses by members of the Pueblo and of 
     other federally-recognized Indian tribes.
       (5) Such other rights and interests as are recognized in 
     sections 2104, 2105(c), 2107, 2108, and 2109.
       (b) Access.-- Except as provided in subsection (a)(4), 
     access to and use of the Area for all other purposes shall 
     continue to be administered by the Secretary.
       (c) Compensable Interest.--
       (1) In general.--If, by an Act of Congress enacted after 
     the date of enactment of this Act, Congress diminishes the 
     national forest or wilderness designation of the Area by 
     authorizing a use prohibited by section 2104(e) in all or any 
     portion of the Area, or denies the Pueblo access for any 
     traditional or cultural use in all or any portion of the 
     Area--
       (A) the United States shall compensate the Pueblo as if the 
     Pueblo had held a fee title interest in the affected portion 
     of the Area and as though the United States had acquired such 
     an interest by legislative exercise of the power of eminent 
     domain; and
       (B) the restrictions of sections 2104(e) and 2106(a) shall 
     be disregarded in determining just compensation owed to the 
     Pueblo.
       (2) Effect.--Any compensation made to the Pueblo under 
     paragraph (c) shall not affect the extinguishment of claims 
     under section 2110.

     SEC. 2106. LIMITATIONS ON PUEBLO RIGHTS AND INTERESTS IN THE 
                   AREA.

       (a) Limitations.--The rights and interests of the Pueblo 
     recognized in this subtitle do not include--
       (1) any right to sell, grant, lease, convey, encumber, or 
     exchange land or any interest in land in the Area (and any 
     such conveyance shall not have validity in law or equity);
       (2) any exemption from applicable Federal wildlife 
     protection laws;
       (3) any right to engage in a use prohibited by section 
     2104(e); or
       (4) any right to exclude persons or governmental entities 
     from the Area.
       (b) Exception.--No person who exercises traditional or 
     cultural use rights as authorized by section 2105(a)(4) may 
     be prosecuted for a Federal wildlife offense requiring proof 
     of a violation of a State law.

     SEC. 2107. MANAGEMENT OF THE AREA.

       (a) Process.--
       (1) In general.--The Secretary shall consult with the 
     Pueblo not less than twice each year, unless otherwise 
     mutually agreed, concerning protection, preservation, and 
     management of the Area (including proposed new uses and 
     modified uses in the Area and authorizations that are 
     anticipated during the next 6 months and were approved in the 
     preceding 6 months).
       (2) New uses.--
       (A) Request for consent after consultation.--
       (i) Withholding of consent.--If the Pueblo withholds 
     consent for a new use within 30 days after completion of the 
     consultation process, the Secretary shall not proceed with 
     the new use.
       (ii) Granting of consent.--If the Pueblo consents to the 
     new use in writing or fails to respond within 30 days after 
     completion of the consultation process, the Secretary may 
     proceed with the notice and comment process and the 
     environmental analysis.
       (B) Final request for consent.--
       (i) Request.--Before the Secretary (or a designee) signs a 
     record of decision or decision notice for a proposed new use, 
     the Secretary shall again request the consent of the Pueblo.
       (ii) Withholding of consent.--If the Pueblo withholds 
     consent for a new use within 30 days after receipt by the 
     Pueblo of the proposed record of decision or decision notice, 
     the new use shall not be authorized.
       (ii) Failure to respond.--If the Pueblo fails to respond to 
     the consent request within 30 days after receipt of the 
     proposed record of decision or decision notice--

       (I) the Pueblo shall be deemed to have consented to the 
     proposed record of decision or decision notice; and
       (II) the Secretary may proceed to issue the final record of 
     decision or decision notice.

       (3) Public involvement.--
       (A) In general.--With respect to a proposed new use or 
     modified use, the public shall be provided notice of--
       (i) the purpose and need for the proposed new use or 
     modified use;
       (ii) the role of the Pueblo in the decisionmaking process; 
     and
       (iii) the position of the Pueblo on the proposal.
       (B) Court challenge.--Any person may bring a civil action 
     in the United States District Court for the District of New 
     Mexico to challenge a determination by the Secretary 
     concerning whether a use constitutes a new use or a modified 
     use.
       (b) Emergencies and Emergency Closure Orders.--

[[Page S11746]]

       (1) Authority.--The Secretary shall retain the authority of 
     the Secretary to manage emergency situations, to--
       (A) provide for public safety; and
       (B) issue emergency closure orders in the Area subject to 
     applicable law.
       (2) Notice.--The Secretary shall notify the Pueblo 
     regarding emergencies, public safety issues, and emergency 
     closure orders as soon as practicable.
       (3) No consent.--An action of the Secretary described in 
     paragraph (1) shall not require the consent of the Pueblo.
       (c) Disputes Involving Forest Service Management and Pueblo 
     Traditional Uses.--
       (1) In general.--In a case in which the management of the 
     Area by the Secretary conflicts with a traditional or 
     cultural use, if the conflict does not pertain to a new use 
     or modified use subject to the process specified in 
     subsection (a), the process for dispute resolution specified 
     in this subsection shall apply.
       (2) Dispute resolution process.--
       (A) In general.--In the case of a conflict described in 
     paragraph (1)--
       (i) the party identifying the conflict shall notify the 
     other party in writing addressed to the Governor of the 
     Pueblo or the Regional Forester, as appropriate, specifying 
     the nature of the dispute; and
       (ii) the Governor of the Pueblo or the Regional Forester 
     shall attempt to resolve the dispute for a period of at least 
     30 days after notice has been provided before bringing a 
     civil action in the United States District Court for the 
     District of New Mexico.
       (B) Disputes requiring immediate resolution.--In the case 
     of a conflict that requires immediate resolution to avoid 
     imminent, substantial, and irreparable harm--
       (i) the party identifying the conflict shall notify the 
     other party and seek to resolve the dispute within 3 days of 
     the date of notification; and
       (ii) if the parties are unable to resolve the dispute 
     within 3 days--

       (I) either party may bring a civil action for immediate 
     relief in the United States District Court for the District 
     of New Mexico; and
       (II) the procedural requirements specified in subparagraph 
     (A) shall not apply.

     SEC. 2108. JURISDICTION OVER THE AREA.

       (a) Criminal Jurisdiction.--
       (1) In general.--Notwithstanding any other provision of 
     law, jurisdiction over crimes committed in the Area shall be 
     allocated as provided in this paragraph.
       (2) Jurisdiction of the pueblo.--The Pueblo shall have 
     jurisdiction over an offense committed by a member of the 
     Pueblo or of another federally-recognized Indian tribe who is 
     present in the Area with the permission of the Pueblo under 
     section 2105(a)(4).
       (3) Jurisdiction of the united states.--The United States 
     shall have jurisdiction over--
       (A) an offense described in section 1153 of title 18, 
     United States Code, committed by a member of the Pueblo or 
     another federally-recognized Indian tribe;
       (B) an offense committed by any person in violation of the 
     laws (including regulations) pertaining to the protection and 
     management of national forests;
       (C) enforcement of Federal criminal laws of general 
     applicability; and
       (D) any other offense committed by a member of the Pueblo 
     against a person not a member of the Pueblo.
       (4) Jurisdiction of the state of new mexico.--The State of 
     New Mexico shall have jurisdiction over an offense under the 
     law of the State committed by a person not a member of the 
     Pueblo.
       (5) Overlapping jurisdiction.--To the extent that the 
     respective allocations of jurisdiction over the Area under 
     paragraphs (2), (3), and (4) overlap, the governments shall 
     have concurrent jurisdiction.
       (6) Federal use of state law.--Under the jurisdiction of 
     the United States described in paragraph (3)(D), Federal law 
     shall incorporate any offense defined and punishable under 
     State law that is not so defined under Federal law.
       (b) Civil Jurisdiction.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), the United States, the State of New Mexico, and local 
     public bodies shall have the same civil adjudicatory, 
     regulatory, and taxing jurisdiction over the Area as was 
     exercised by those entities on the day before the date of 
     enactment of this Act.
       (2) Jurisdiction of the pueblo.--
       (A) In general.--The Pueblo shall have exclusive civil 
     adjudicatory jurisdiction over--
       (i) a dispute involving only members of the Pueblo;
       (ii) a civil action brought by the Pueblo against a member 
     of the Pueblo; and
       (iii) a civil action brought by the Pueblo against a member 
     of another federally-recognized Indian tribe for a violation 
     of an understanding between the Pueblo and the other tribe 
     regarding use of or access to the Area for traditional or 
     cultural uses.
       (B) Regulatory jurisdiction.--The Pueblo shall have no 
     regulatory jurisdiction over the Area, except that the Pueblo 
     shall have exclusive authority to--
       (i) regulate traditional or cultural uses by the members of 
     the Pueblo and administer access to the Area by other 
     federally-recognized Indian tribes for traditional or 
     cultural uses, to the extent such regulation is consistent 
     with this subtitle; and
       (ii) regulate hunting and trapping in the Area by members 
     of the Pueblo, to the extent that the hunting or trapping is 
     related to traditional or cultural uses, except that such 
     hunting and trapping outside of that portion of the Area in 
     sections 13, 14, 23, 24, and the northeast quarter of section 
     25 of T12N, R4E, and section 19 of T12N, R5E, N.M.P.M., 
     Sandoval County, New Mexico, shall be regulated by the Pueblo 
     in a manner consistent with the regulations of the State of 
     New Mexico concerning types of weapons and proximity of 
     hunting and trapping to trails and residences.
       (C) Taxing jurisdiction.--The Pueblo shall have no 
     authority to impose taxes within the Area.
       (3) State and local taxing jurisdiction.--The State of New 
     Mexico and local public bodies shall have no authority within 
     the Area to tax the uses or the property of the Pueblo, 
     members of the Pueblo, or members of other federally-
     recognized Indian tribes authorized to use the Area under 
     section 2105(a)(4).

     SEC. 2109. SUBDIVISIONS AND OTHER PROPERTY INTERESTS.

       (a) Subdivisions.--
       (1) In general.--The subdivisions are excluded from the 
     Area.
       (2) Jurisdiction.--
       (A) In general.--The Pueblo shall have no civil or criminal 
     jurisdiction for any purpose, including adjudicatory, taxing, 
     zoning, regulatory or any other form of jurisdiction, over 
     the subdivisions and property interests therein, and the laws 
     of the Pueblo shall not apply to the subdivisions.
       (B) State jurisdiction.--The jurisdiction of the State of 
     New Mexico and local public bodies over the subdivisions and 
     property interests therein shall continue in effect, except 
     that on application of the Pueblo a tract comprised of 
     approximately 35 contiguous, nonsubdivided acres in the 
     northern section of Evergreen Hills owned in fee by the 
     Pueblo at the time of enactment of this Act, shall be 
     transferred to the United States and held in trust for the 
     Pueblo by the United States and administered by the Secretary 
     of the Interior.
       (3) Limitations on trust land.--Trust land described in 
     paragraph (2)(B) shall be subject to all limitations on use 
     pertaining to the Area contained in this subtitle.
       (b) Piedra Lisa.--
       (1) In general.--The Piedra Lisa tract is excluded from the 
     Area notwithstanding any subsequent acquisition of the tract 
     by the Pueblo.
       (2) Acquisition of tract.--If the Secretary or the Pueblo 
     acquires the Piedra Lisa tract, the tract shall be 
     transferred to the United States and is declared to be held 
     in trust for the Pueblo by the United States and administered 
     by the Secretary of the Interior subject to all limitations 
     on use pertaining to the Area contained in this subtitle.
       (3) Applicability of certain restriction.--The restriction 
     contained in section 2106(a)(4) shall not apply outside of 
     Forest Service System trails.
       (4) Jurisdiction.--Until acquired by the Secretary or 
     Pueblo, the jurisdiction of the State of New Mexico and local 
     public bodies over the Piedra Lisa tract and property 
     interests therein shall continue in effect.
       (c) Crest Facilities.--
       (1) In general.--The land on which the crest facilities are 
     located is excluded from the Area.
       (2) Jurisdiction.--The Pueblo shall have no civil or 
     criminal jurisdiction for any purpose, including 
     adjudicatory, taxing, zoning, regulatory or any other form of 
     jurisdiction, over the land on which the crest facilities are 
     located and property interests therein, and the laws of the 
     Pueblo, shall not apply to that land. The preexisting 
     jurisdictional status of that land shall continue in effect.
       (d) Special Use Permit Area.--
       (1) In general.--The land described in the special use 
     permit is excluded from the Area.
       (2) Jurisdiction.--
       (A) In general.--The Pueblo shall have no civil or criminal 
     jurisdiction for any purpose, including adjudicatory, taxing, 
     zoning, regulatory, or any other form of jurisdiction, over 
     the land described in the special use permit, and the laws of 
     the Pueblo shall not apply to that land.
       (B) Preexisting status.--The preexisting jurisdictional 
     status of that land shall continue in effect.
       (3) Amendment to plan.--In the event the special use 
     permit, during its existing term or any future terms or 
     extensions, requires amendment to include other land in the 
     Area necessary to realign the existing or any future 
     replacement tram line, associated structures, or facilities, 
     the land subject to that amendment shall thereafter be 
     excluded from the Area and shall have the same status under 
     this subtitle as the land currently described in the special 
     use permit.
       (4) Land dedicated to aerial tramway and related uses.--Any 
     land dedicated to aerial tramway and related uses and 
     associated facilities that are excluded from the special use 
     permit through expiration, termination or the amendment 
     process shall thereafter be included in the Area, but only 
     after final agency action no longer subject to any appeals.
       (e) La Luz Tract.--
       (1) In general.--The La Luz tract now owned in fee by the 
     Pueblo is excluded from the Area and, on application by the 
     Pueblo, shall be transferred to the United States and held in 
     trust for the Pueblo by the United States and administered by 
     the Secretary of the Interior subject to all limitations on 
     use pertaining to the Area contained in this subtitle.

[[Page S11747]]

       (2) Nonapplicability of certain restriction.--The 
     restriction contained in section 2106(a)(4) shall not apply 
     outside of Forest Service System trails.
       (f) Evergreen Hills Access.--The Secretary, consistent with 
     section 1323(a) of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3210), shall ensure that Forest 
     Service Road 333D, as depicted on the map, is maintained in 
     an adequate condition consistent with the terms of section 
     1323(a) of the Alaska National Interest Lands Conservation 
     Act (16 U.S.C. 3210).
       (g) Pueblo Fee Land.--Those properties not specifically 
     addressed in subsections (a) or (e) that are owned in fee by 
     the Pueblo within the subdivisions are excluded from the Area 
     and shall be subject to the jurisdictional provisions of 
     subsection (a).
       (h) Rights-of-Way.--
       (1) Road rights-of-way.--
       (A) In general.--In accordance with the Pueblo having given 
     its consent in the Settlement Agreement, the Secretary of the 
     Interior shall grant to the County of Bernalillo, New Mexico, 
     in perpetuity, the following irrevocable rights-of-way for 
     roads identified on the map in order to provide for public 
     access to the subdivisions, the special use permit land and 
     facilities, the other leasehold and easement rights and 
     interests of the Sandia Peak Tram Company and its affiliates, 
     the Sandia Heights South Subdivision, and the Area--
       (i) a right-of-way for Tramway Road;
       (ii) a right-of-way for Juniper Hill Road North;
       (iii) a right-of-way for Juniper Hill Road South;
       (iv) a right-of-way for Sandia Heights Road; and
       (v) a right-of-way for Juan Tabo Canyon Road (Forest Road 
     No. 333).
       (B) Conditions.--The road rights-of-way shall be subject to 
     the following conditions:
       (i) Such rights-of-way may not be expanded or otherwise 
     modified without the Pueblo's written consent, but road 
     maintenance to the rights-of-way shall not be subject to 
     Pueblo consent.
       (ii) The rights-of-way shall not authorize uses for any 
     purpose other than roads without the Pueblo's written 
     consent.
       (iii) Except as provided in the Settlement Agreement, 
     existing rights-of-way or leasehold interests and obligations 
     held by the Sandia Peak Tram Company and its affiliates, 
     shall be preserved, protected, and unaffected by this Act.
       (2) Utility rights-of-way.--In accordance with the Pueblo 
     having given its consent in the Settlement Agreement, the 
     Secretary of the Interior shall grant irrevocable utility 
     rights-of-way in perpetuity across Pueblo land to appropriate 
     utility or other service providers serving Sandia Heights 
     Addition, Sandia Heights North Units I, II, and 3, the 
     special use permit land, Tierra Monte, and Valley View Acres, 
     including rights-of-way for natural gas, power, water, 
     telecommunications, and cable television services. Such 
     rights-of-way shall be within existing utility corridors as 
     depicted on the map or, for certain water lines, as described 
     in the existing grant of easement to the Sandia Peak Utility 
     Company; provided that use of water line easements outside 
     the utility corridors depicted on the map shall not be used 
     for utility purposes other than water lines and associated 
     facilities. Except where above-ground facilities already 
     exist, all new utility facilities shall be installed 
     underground unless the Pueblo agrees otherwise. To the extent 
     that enlargement of existing utility corridors is required 
     for any technologically-advanced telecommunication, 
     television, or utility services, the Pueblo shall not 
     unreasonably withhold agreement to a reasonable enlargement 
     of the easements described above.
       (3) Forest service rights-of-way.--In accordance with the 
     Pueblo having given its consent in the Settlement Agreement, 
     the Secretary of the Interior shall grant to the Forest 
     Service the following irrevocable rights-of-way in perpetuity 
     for Forest Service trails crossing land of the Pueblo in 
     order to provide for public access to the Area and through 
     Pueblo land--
       (A) a right-of-way for a portion of the Crest Spur Trail 
     (Trail No. 84), crossing a portion of the La Luz tract, as 
     identified on the map;
       (B) a right-of-way for the extension of the Foothills Trail 
     (Trail No. 365A), as identified on the map; and
       (C) a right-of-way for that portion of the Piedra Lisa 
     North-South Trail (Trail No. 135) crossing the Piedra Lisa 
     tract, if the Pueblo ever acquires the Piedra Lisa tract.

     SEC. 2110. EXTINGUISHMENT OF CLAIMS.

       (a) In General.--Except for the rights and interests in and 
     to the Area specifically recognized in sections 2104, 2105, 
     2107, 2108, and 2109, all Pueblo claims to right, title and 
     interest of any kind, including aboriginal claims, in and to 
     land within the Area, any part thereof, and property 
     interests therein, as well as related boundary, survey, 
     trespass, and monetary damage claims, are permanently 
     extinguished. The United States' title to the Area is 
     confirmed.
       (b) Subdivisions.--Any Pueblo claims to right, title and 
     interest of any kind, including aboriginal claims, in and to 
     the subdivisions and property interests therein (except for 
     land owned in fee by the Pueblo as of the date of enactment 
     of this Act), as well as related boundary, survey, trespass, 
     and monetary damage claims, are permanently extinguished.
       (c) Special Use and Crest Facilities Areas.--Any Pueblo 
     right, title and interest of any kind, including aboriginal 
     claims, and related boundary, survey, trespass, and monetary 
     damage claims, are permanently extinguished in and to--
       (1) the land described in the special use permit; and
       (2) the land on which the crest facilities are located.
       (d) Pueblo Agreement.--As provided in the Settlement 
     Agreement, the Pueblo has agreed to the relinquishment and 
     extinguishment of those claims, rights, titles and interests 
     extinguished pursuant to subsection (a), (b) and (c).
       (e) Consideration.--The recognition of the Pueblo's rights 
     and interests in this Act constitutes adequate consideration 
     for the Pueblo's agreement to the extinguishment of the 
     Pueblo's claims in this section and the right-of-way grants 
     contained in section 2109, and it is the intent of Congress 
     that those rights and interests may only be diminished by a 
     future Act of Congress specifically authorizing diminishment 
     of such rights, with express reference to this subtitle.

     SEC. 2111. CONSTRUCTION.

       (a) Strict Construction.--This subtitle recognizes only 
     enumerated rights and interests, and no additional rights, 
     interests, obligations, or duties shall be created by 
     implication.
       (b) Existing Rights.--To the extent there exists within the 
     Area at the date of enactment of this Act any valid private 
     property rights associated with the Piedra Lisa tract or 
     other private land that is not otherwise addressed in this 
     subtitle, such rights are not modified or otherwise affected 
     by this subtitle, nor is the exercise of any such right 
     subject to the Pueblo's right to withhold consent to new uses 
     in the Area as set forth in section 2105(a)(3)(A).
       (c) Not Precedent.--The provisions of this subtitle 
     creating certain rights and interests in the National Forest 
     System are uniquely suited to resolve the Pueblo's claim and 
     the geographic and societal situation involved, and shall not 
     be construed as precedent for any other situation involving 
     management of the National Forest System.
       (d) Fish and Wildlife.--Except as provided in section 
     2108(b)(2)(B), nothing in this subtitle shall be construed as 
     affecting the responsibilities of the State of New Mexico 
     with respect to fish and wildlife, including the regulation 
     of hunting, fishing, or trapping within the Area.
       (e) Federal Land Policy and Management Act.--Section 316 of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1746) is amended by adding at the end the following: ``Any 
     corrections authorized by this section which affect the 
     boundaries of, or jurisdiction over, land administered by 
     another Federal agency shall be made only after consultation 
     with, and the approval of, the head of such other agency.''

     SEC. 2112. JUDICIAL REVIEW.

       (a) Enforcement.--A civil action to enforce the provisions 
     of this subtitle may be brought to the extent permitted under 
     chapter 7 of title 5, United States Code. Judicial review 
     shall be based on the administrative record and subject to 
     the applicable standard of review set forth in section 706 of 
     title 5, United States Code.
       (b) Waiver.--A civil action may be brought against the 
     Pueblo for declaratory judgment or injunctive relief under 
     this subtitle, but no money damages, including costs or 
     attorney's fees, may be imposed on the Pueblo as a result of 
     such judicial action.
       (c) Venue.--Venue for any civil action provided for in this 
     section, as well as any civil action to contest the 
     constitutionality of this subtitle, shall lie only in the 
     United States District Court for the District of New Mexico.

     SEC. 2113. PROVISIONS RELATING TO CONTRIBUTIONS AND LAND 
                   EXCHANGE.

       (a) Contributions.--
       (1) In general.--The Secretary may accept contributions 
     from the Pueblo, or from other persons or governmental 
     entities--
       (A) to perform and complete a survey of the Area; or
       (B) to carry out any other project or activity for the 
     benefit of the Area in accordance with this subtitle.
       (2) Deadline.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall complete the 
     survey of the Area under paragraph (1)(A).
       (b) Land Exchange.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, after consultation with the Pueblo, 
     the Secretary shall, in accordance with applicable laws, 
     prepare and offer a land exchange of National Forest land 
     outside the Area and contiguous to the northern boundary of 
     the Pueblo's Reservation within sections 10, 11, and 14 of 
     T12N, R4E, N.M.P.M., Sandoval County, New Mexico excluding 
     Wilderness land, for land owned by the Pueblo in the 
     Evergreen Hills subdivision in Sandoval County contiguous to 
     National Forest land, and the La Luz tract in Bernalillo 
     County.
       (2) Acceptance of payment.--Notwithstanding section 206(b) 
     of the Federal Land Policy and Management Act (43 U.S.C. 
     1716(b)), the Secretary may either make or accept a cash 
     equalization payment in excess of 25 percent of the total 
     value of the land or interests transferred out of Federal 
     ownership.
       (3) Funds received.--Any funds received by the Secretary as 
     a result of the exchange shall be deposited in the fund 
     established

[[Page S11748]]

     under the Act of December 4, 1967, known as the Sisk Act (16 
     U.S.C. 484a), and shall be available to purchase non-Federal 
     land within or adjacent to the National Forests in the State 
     of New Mexico.
       (4) Treatment of land exchanged or conveyed.--All land 
     exchanged or conveyed to the Pueblo is declared to be held in 
     trust for the Pueblo by the United States and added to the 
     Pueblo's Reservation subject to all existing and outstanding 
     rights and shall remain in its natural state and shall not be 
     subject to commercial development of any kind. Land exchanged 
     or conveyed to the Forest Service shall be subject to all 
     limitations on use pertaining to the Area under this Act.
       (5) Failure to make offer.--If the land exchange offer is 
     not made by the date that is 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the United 
     States Senate and the Committee on Resources of the United 
     States House of Representatives, a report explaining the 
     reasons for the failure to make the offer including an 
     assessment of the need for any additional legislation that 
     may be necessary for the exchange. If additional legislation 
     is not necessary, the Secretary, consistent with this 
     section, should proceed with the exchange pursuant to 
     existing law.
       (c) Land Acquisition.--
       (1) In general.--The Secretary may acquire land owned by 
     the Pueblo within the Evergreen Hills Subdivision in Sandoval 
     County or any other privately held land inside of the 
     exterior boundaries of the Area. The boundaries of the Cibola 
     National Forest and the Area shall be adjusted to encompass 
     any land acquired pursuant to this section.
       (2) Acquisition by pueblo.--If the Pueblo acquires the 
     Piedra Lisa tract, the Secretary shall compensate the Pueblo 
     for the fair market value of--
       (A) the right-of-way established pursuant to section 
     2109(h)(3)(C); and
       (B) the conservation easement established by the 
     limitations on use of the Piedra Lisa tract pursuant to 
     section 2109(b).
       (d) Reimbursement of Certain Costs.--
       (1) In general.--The Pueblo, the County of Bernalillo, New 
     Mexico, and any person that owns or has owned property inside 
     of the exterior boundaries of the Area as designated on the 
     map, and who has incurred actual and direct costs as a result 
     of participating in the case of Pueblo of Sandia v. Babbitt, 
     Civ. No. 94-2624 HHG (D.D.C.), or other proceedings directly 
     related to resolving the issues litigated in that case, may 
     apply for reimbursement in accordance with this section. 
     Costs directly related to such participation which shall 
     qualify for reimbursement shall be--
       (A) dues or payments to a homeowner association for the 
     purpose of legal representation; and
       (B) legal fees and related expenses.
       (2) Treatment of reimbursement.--Any reimbursement provided 
     in this subsection shall be in lieu of that which might 
     otherwise be available pursuant to the Equal Access to 
     Justice Act (24 U.S.C. 2412).
       (3) Payments.--The Secretary of the Treasury shall make 
     reimbursement payments as provided in this section out of any 
     money not otherwise appropriated.
       (4) Applications.--Applications for reimbursement shall be 
     filed within 180 days of the date of enactment of this Act 
     with the Department of the Treasury, Financial Management 
     Service, Washington, D.C.
       (5) Maximum reimbursement.--In no event shall any 1 party 
     be compensated in excess of $750,000 and the total amount 
     reimbursed pursuant to this section shall not exceed 
     $3,000,000.

     SEC. 2114. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this subtitle, including such sums as 
     are necessary for the Forest Service, in accordance with 
     section 2113(c), to acquire ownership of, or other interests 
     in or to, land within the external boundaries of the Area.

     SEC. 2115. EFFECTIVE DATE.

       The provisions of this subtitle shall take effect 
     immediately on enactment of this Act.

                Subtitle B--Pueblo de Cochiti Settlement

     SEC. 2201. MODIFICATION OF PUEBLO DE COCHITI SETTLEMENT.

       Section 1 of Public Law 102-358 (106 Stat. 960) is 
     amended--
       (1) by striking ``implement the settlement'' and inserting 
     the following: ``implement--
       ``(1) the settlement;'';
       (2) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following:
       ``(2) the modifications regarding the use of the settlement 
     funds as described in the agreement known as the `First 
     Amendment to Operation and Maintenance Agreement for 
     Implementation of Cochiti Wetlands Solution', executed--
       ``(A) on October 22, 2001, by the Army Corps of Engineers;
       ``(B) on October 25, 2001, by the Pueblo de Cochiti of New 
     Mexico; and
       ``(C) on November 8, 2001, by the Secretary of the 
     Interior.''.

       TITLE III--WATER SETTLEMENTS AND WATER-RELATED PROVISIONS

      Subtitle A--Zuni Heaven Restoration Water Rights Settlement

     SEC. 3101. SHORT TITLE.

       This subtitle may be cited as the ``Zuni Indian Tribe Water 
     Rights Settlement Act of 2002''.

     SEC. 3102. FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) It is the policy of the United States, in keeping with 
     its trust responsibility to Indian tribes, to promote Indian 
     self-determination, religious freedom, political and cultural 
     integrity, and economic self-sufficiency, and to settle, 
     wherever possible, the water rights claims of Indian tribes 
     without lengthy and costly litigation.
       (2) Quantification of rights to water and development of 
     facilities needed to use tribal water supplies effectively is 
     essential to the development of viable Indian reservation 
     communities, particularly in arid western States.
       (3) On August 28, 1984, and by actions subsequent thereto, 
     the United States established a reservation for the Zuni 
     Indian Tribe in Apache County, Arizona upstream from the 
     confluence of the Little Colorado and Zuni Rivers for long-
     standing religious and sustenance activities.
       (4) The water rights of all water users in the Little 
     Colorado River basin in Arizona have been in litigation since 
     1979, in the Superior Court of the State of Arizona in and 
     for the County of Apache in Civil No. 6417, In re The General 
     Adjudication of All Rights to Use Water in the Little 
     Colorado River System and Source.
       (5) Recognizing that the final resolution of the Zuni 
     Indian Tribe's water claims through litigation will take many 
     years and entail great expense to all parties, continue to 
     limit the Tribe's access to water with economic, social, and 
     cultural consequences to the Tribe, prolong uncertainty as to 
     the availability of water supplies, and seriously impair the 
     long-term economic planning and development of all parties, 
     the Tribe and neighboring non-Indians have sought to settle 
     their disputes to water and reduce the burdens of litigation.
       (6) After more than 4 years of negotiations, which included 
     participation by representatives of the United States, the 
     Zuni Indian Tribe, the State of Arizona, and neighboring non-
     Indian communities in the Little Colorado River basin, the 
     parties have entered into a Settlement Agreement to resolve 
     all of the Zuni Indian Tribe's water rights claims and to 
     assist the Tribe in acquiring surface water rights, to 
     provide for the Tribe's use of groundwater, and to provide 
     for the wetland restoration of the Tribe's lands in Arizona.
       (7) To facilitate the wetland restoration project 
     contemplated under the Settlement Agreement, the Zuni Indian 
     Tribe acquired certain lands along the Little Colorado River 
     near or adjacent to its Reservation that are important for 
     the success of the project and will likely acquire a small 
     amount of similarly situated additional lands. The parties 
     have agreed not to object to the United States taking title 
     to certain of these lands into trust status; other lands 
     shall remain in tribal fee status. The parties have worked 
     extensively to resolve various governmental concerns 
     regarding use of and control over those lands, and to provide 
     a successful model for these types of situations, the State, 
     local, and tribal governments intend to enter into an 
     Intergovernmental Agreement that addresses the parties' 
     governmental concerns.
       (8) Pursuant to the Settlement Agreement, the neighboring 
     non-Indian entities will assist in the Tribe's acquisition of 
     surface water rights and development of groundwater, store 
     surface water supplies for the Zuni Indian Tribe, and make 
     substantial additional contributions to carry out the 
     Settlement Agreement's provisions.
       (9) To advance the goals of Federal Indian policy and 
     consistent with the trust responsibility of the United States 
     to the Tribe, it is appropriate that the United States 
     participate in the implementation of the Settlement Agreement 
     and contribute funds for the rehabilitation of religious 
     riparian areas and other purposes to enable the Tribe to use 
     its water entitlement in developing its Reservation.
       (b) Purposes.--The purposes of this subtitle are--
       (1) to approve, ratify, and confirm the Settlement 
     Agreement entered into by the Tribe and neighboring non-
     Indians;
       (2) to authorize and direct the Secretary of the Interior 
     to execute and perform the Settlement Agreement and related 
     waivers;
       (3) to authorize and direct the United States to take legal 
     title and hold such title to certain lands in trust for the 
     benefit of the Zuni Indian Tribe; and
       (4) to authorize the actions, agreements, and 
     appropriations as provided for in the Settlement Agreement 
     and this subtitle.

     SEC. 3103. DEFINITIONS.

       In this subtitle:
       (1) Eastern lcr basin.--The term ``Eastern LCR basin'' 
     means the portion of the Little Colorado River basin in 
     Arizona upstream of the confluence of Silver Creek and the 
     Little Colorado River, as identified on Exhibit 2.10 of the 
     Settlement Agreement.
       (2) Fund.--The term ``Fund'' means the Zuni Indian Tribe 
     Water Rights Development Fund established by section 3106(a).
       (3) Intergovernmental agreement.--The term 
     ``Intergovernmental Agreement'' means the intergovernmental 
     agreement between the Zuni Indian Tribe, Apache County, 
     Arizona and the State of Arizona described in article 6 of 
     the Settlement Agreement.
       (4) Pumping protection agreement.--The term ``Pumping 
     Protection Agreement''

[[Page S11749]]

     means an agreement, described in article 5 of the Settlement 
     Agreement, between the Zuni Tribe, the United States on 
     behalf of the Tribe, and a local landowner under which the 
     landowner agrees to limit pumping of groundwater on his lands 
     in exchange for a waiver of certain claims by the Zuni Tribe 
     and the United States on behalf of the Tribe.
       (5) Reservation; zuni heaven reservation.--The term 
     ``Reservation'' or ``Zuni Heaven Reservation'', also referred 
     to as ``Kolhu:wala:wa'', means the following property in 
     Apache County, Arizona: Sections 26, 27, 28, 33, 34, and 35, 
     Township 15 North, Range 26 East, Gila and Salt River Base 
     and Meridian; and Sections 2, 3, 4, 9, 10, 11, 13, 14, 15, 
     16, 23, 26, and 27, Township 14 North, Range 26 East, Gila 
     and Salt River Base and Meridian.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) Settlement agreement.--The term ``Settlement 
     Agreement'' means that agreement dated June 7, 2002, together 
     with all exhibits thereto. The parties to the Settlement 
     Agreement include the Zuni Indian Tribe and its members, the 
     United States on behalf of the Tribe and its members, the 
     State of Arizona, the Arizona Game and Fish Commission, the 
     Arizona State Land Department, the Arizona State Parks Board, 
     the St. Johns Irrigation and Ditch Co., the Lyman Water Co., 
     the Round Valley Water Users' Association, the Salt River 
     Project Agricultural Improvement and Power District, the 
     Tucson Electric Power Company, the City of St. Johns, the 
     Town of Eagar, and the Town of Springerville.
       (8) SRP.--The term ``SRP'' means the Salt River Project 
     Agricultural Improvement and Power District, a political 
     subdivision of the State of Arizona.
       (9) TEP.--The term ``TEP'' means Tucson Electric Power 
     Company.
       (10) Tribe, zuni tribe, or zuni indian tribe.--The terms 
     ``Tribe'', ``Zuni Tribe'', or ``Zuni Indian Tribe'' means the 
     body politic and federally recognized Indian nation, and its 
     members.
       (11) Zuni lands.--The term ``Zuni Lands'' means all the 
     following lands, in the State of Arizona, that, on the 
     effective date described in section 3109(a), are--
       (A) within the Zuni Heaven Reservation;
       (B) held in trust by the United States for the benefit of 
     the Tribe or its members; or
       (C) held in fee within the Little Colorado River basin by 
     or for the Tribe.

     SEC. 3104. AUTHORIZATION, RATIFICATIONS, AND CONFIRMATIONS.

       (a) Settlement Agreement.--To the extent the Settlement 
     Agreement does not conflict with the provisions of this 
     subtitle, such Settlement Agreement is hereby approved, 
     ratified, confirmed, and declared to be valid. The Secretary 
     is authorized and directed to execute the Settlement 
     Agreement and any amendments approved by the parties 
     necessary to make the Settlement Agreement consistent with 
     this subtitle. The Secretary is further authorized to perform 
     any actions required by the Settlement Agreement and any 
     amendments to the Settlement Agreement that may be mutually 
     agreed upon by the parties to the Settlement Agreement.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Zuni Indian Tribe Water Rights 
     Development Fund established in section 3106(a), $19,250,000, 
     to be allocated by the Secretary as follows:
       (1) $3,500,000 for fiscal year 2004, to be used for the 
     acquisition of water rights and associated lands, and other 
     activities carried out, by the Zuni Tribe to facilitate the 
     enforceability of the Settlement Agreement, including the 
     acquisition of at least 2,350 acre-feet per year of water 
     rights before the deadline described in section 3109(b).
       (2) $15,750,000, of which $5,250,000 shall be made 
     available for each of fiscal years 2004, 2005, and 2006, to 
     take actions necessary to restore, rehabilitate, and maintain 
     the Zuni Heaven Reservation, including the Sacred Lake, 
     wetlands, and riparian areas as provided for in the 
     Settlement Agreement and under this subtitle.
       (c) Other Agreements.--Except as provided in section 3109, 
     the following 3 separate agreements, together with all 
     amendments thereto, are approved, ratified, confirmed, and 
     declared to be valid:
       (1) The agreement between SRP, the Zuni Tribe, and the 
     United States on behalf of the Tribe, dated June 7, 2002.
       (2) The agreement between TEP, the Zuni Tribe, and the 
     United States on behalf of the Tribe, dated June 7, 2002.
       (3) The agreement between the Arizona State Land 
     Department, the Zuni Tribe, and the United States on behalf 
     of the Tribe, dated June 7, 2002.

     SEC. 3105. TRUST LANDS.

       (a) New Trust Lands.--Upon satisfaction of the conditions 
     in paragraph 6.2 of the Settlement Agreement, and after the 
     requirements of section 3109(a) have been met, the Secretary 
     shall take the legal title of the following lands into trust 
     for the benefit of the Zuni Tribe:
       (1) In T. 14 N., R. 27 E., Gila and Salt River Base and 
     Meridian:
       (A) Section 13: SW 1/4 , S 1/2 NE 1/4 SE 1/4 , W 1/2 SE 1/4 
     , SE 1/4 SE 1/4;
       (B) Section 23: N 1/2 , N 1/2 SW 1/4 , N 1/2 SE 1/4 , SE 1/
     4 SE 1/4 , N 1/2 SW 1/4 SE 1/4 , SE 1/4 SW 1/4 SE 1/4;
       (C) Section 24: NW 1/4 , SW 1/4 , S 1/2 NE 1/4 , N 1/2 SE 
     1/4; and
       (D) Section 25: N 1/2 NE 1/4 , SE 1/4 NE 1/4 , NE 1/4 SE 1/
     4.
       (2) In T. 14 N., R. 28 E., Gila and Salt River Base and 
     Meridian:
       (A) Section 19: W 1/2 E 1/2 NW 1/4 , W 1/2 NW 1/4 , W 1/2 
     NE 1/4 SW 1/4 , NW 1/4 SW 1/4 , S 1/2 SW 1/4;
       (B) Section 29: SW 1/4 SW 1/4 NW 1/4 , NW 1/4 NW 1/4 SW 1/4 
     , S 1/2 N 1/2 SW 1/4 , S 1/2 SW1/4 , S 1/2 NW 1/4 SE 1/4 , SW 
     1/4 SE 1/4;
       (C) Section 30: W 1/2 , SE 1/4; and
       (D) Section 31: N 1/2 NE 1/4 , N 1/2 S 1/2 NE 1/4 , S 1/2 
     SE 1/4 NE 1/4 , NW 1/4 , E 1/2 SW 1/4 , N 1/2 NW 1/4 SW 1/4 , 
     SE 1/4 NW 1/4 SW 1/4 , E 1/2 SW 1/4 SW 1/4 , SW 1/4 SW 1/4 SW 
     1/4.
       (b) Future Trust Lands.--Upon satisfaction of the 
     conditions in paragraph 6.2 of the Settlement Agreement, 
     after the requirements of section 3109(a) have been met, and 
     upon acquisition by the Zuni Tribe, the Secretary shall take 
     the legal title of the following lands into trust for the 
     benefit of the Zuni Tribe:
       (1) In T. 14 N., R. 26E., Gila and Salt River Base and 
     Meridian: Section 25: N 1/2 NE 1/4, N 1/2 S 1/2 NE 1/4, NW 1/
     4, N 1/2 NE 1/4 SW 1/4, NE 1/4 NW 1/4 SW 1/4.
       (2) In T. 14 N., R. 27 E., Gila and Salt River Base and 
     Meridian:
       (A) Section 14: SE 1/4 SW 1/4, SE 1/4;
       (B) Section 16: S 1/2 SW 1/4 SE 1/4;
       (C) Section 19: S 1/2 SE 1/4 SE 1/4;
       (D) Section 20: S 1/2 SW 1/4 SW 1/4, E 1/2 SE 1/4 SE 1/4;
       (E) Section 21: N 1/2 NE 1/4, E 1/2 NE 1/4 NW 1/4, SE 1/4 
     NW 1/4, W 1/2 SW 1/4 NE 1/4, N 1/2 NE 1/4 SW 1/4, SW 1/4 NE 
     1/4 SW 1/4, E 1/2 NW 1/4 SW 1/4, SW 1/4 NW 1/4 SW 1/4, W 1/2 
     SW 1/4 SW 1/4;
       (F) Section 22: SW 1/4 NE 1/4 NE 1/4, NW 1/4 NE 1/4, S 1/2 
     NE 1/4, N 1/2 NW 1/4, SE 1/4 NW1/4, N 1/2 SW 1/4 NW 1/4, SE 
     1/4 SW 1/4 NW 1/4, N 1/2 N 1/2 SE 1/4, N 1/2 NE 1/4 SW 1/4;
       (G) Section 24: N 1/2 NE 1/4, S 1/2 SE 1/4;
       (H) Section 29: N 1/2 N 1/2;
       (I) Section 30: N 1/2 N 1/2, N 1/2 S 1/2 NW 1/4, N 1/2 SW 
     1/4 NE 1/4; and
       (J) Section 36: SE 1/4 SE 1/4 NE 1/4, NE 1/4 NE 1/4 SE 1/4.
       (3) In T. 14 N., R. 28 E., Gila and Salt River Base and 
     Meridian:
       (A) Section 18: S 1/2 NE 1/4, NE 1/4 SW 1/4, NE 1/4 NW 1/4 
     SW 1/4, S 1/2 NW 1/4 SW 1/4, S 1/2 SW 1/4, N 1/2 SE 1/4, N 1/
     2 SW 1/4 SE 1/4, SE 1/4 SE 1/4;
       (B) Section 30: S 1/2 NE 1/4, W 1/2 NW 1/4 NE 1/4; and
       (C) Section 32: N 1/2 NW 1/4 NE 1/4, SW 1/4 NE 1/4, S 1/2 
     SE 1/4 NE 1/4, NW 1/4, SW 1/4, N 1/2 SE 1/4, SW 1/4 SE 1/4, N 
     1/2 SE 1/4 SE 1/4, SW 1/4 SE 1/4 SE 1/4.
       (c) New Reservation Lands.--Upon satisfaction of the 
     conditions in paragraph 6.2 of the Settlement Agreement, 
     after the requirements of section 3109(a) have been met, and 
     upon acquisition by the Zuni Tribe, the Secretary shall take 
     the legal title of the following lands in Arizona into trust 
     for the benefit of the Zuni Tribe and make such lands part of 
     the Zuni Indian Tribe Reservation in Arizona: Section 34, T. 
     14 N., R. 26 E., Gila and Salt River Base and Meridian.
       (d) Limitation on Secretarial Discretion.--The Secretary 
     shall have no discretion regarding the acquisitions described 
     in subsections (a), (b), and (c).
       (e) Lands Remaining in Fee Status.--The Zuni Tribe may seek 
     to have the legal title to additional lands in Arizona, other 
     than the lands described in subsection (a), (b), or (c), 
     taken into trust by the United States for the benefit of the 
     Zuni Indian Tribe pursuant only to an Act of Congress enacted 
     after the date of enactment of this Act specifically 
     authorizing the transfer for the benefit of the Zuni Tribe.
       (f) Final Agency Action.--Any written certification by the 
     Secretary under subparagraph 6.2.B of the Settlement 
     Agreement constitutes final agency action under the 
     Administrative Procedure Act and is reviewable as provided 
     for under chapter 7 of title 5, United States Code.
       (g) No Federal Water Rights.--Lands taken into trust 
     pursuant to subsection (a), (b), or (c) shall not have 
     Federal reserved rights to surface water or groundwater.
       (h) State Water Rights.--The water rights and uses for the 
     lands taken into trust pursuant to subsection (a) or (c) must 
     be determined under subparagraph 4.1.A and article 5 of the 
     Settlement Agreement. With respect to the lands taken into 
     trust pursuant to subsection (b), the Zuni Tribe retains any 
     rights or claims to water associated with these lands under 
     State law, subject to the terms of the Settlement Agreement.
       (i) Forfeiture and Abandonment.--Water rights that are 
     appurtenant to lands taken into trust pursuant to subsection 
     (a), (b), or (c) shall not be subject to forfeiture and 
     abandonment.
       (j) Ad Valorem Taxes.--With respect to lands that are taken 
     into trust pursuant to subsection (a) or (b), the Zuni Tribe 
     shall make payments in lieu of all current and future State, 
     county, and local ad valorem property taxes that would 
     otherwise be applicable to those lands if they were not in 
     trust.
       (k) Authority of Tribe.--For purposes of complying with 
     this section and article 6 of the Settlement Agreement, the 
     Tribe is authorized to enter into--
       (1) the Intergovernmental Agreement between the Zuni Tribe, 
     Apache County, Arizona, and the State of Arizona; and
       (2) any intergovernmental agreement required to be entered 
     into by the Tribe under the terms of the Intergovernmental 
     Agreement.
       (l) Federal Acknowledgement of Intergovernmental 
     Agreements.--

[[Page S11750]]

       (1) In general.--The Secretary shall acknowledge the terms 
     of any intergovernmental agreement entered into by the Tribe 
     under this section.
       (2) No abrogation.--The Secretary shall not seek to 
     abrogate, in any administrative or judicial action, the terms 
     of any intergovernmental agreement that are consistent with 
     subparagraph 6.2.A of the Settlement Agreement and this 
     subtitle.
       (3) Removal.--
       (A) In general.--Except as provided in subparagraph (B), if 
     a judicial action is commenced during a dispute over any 
     intergovernmental agreement entered into under this section, 
     and the United States is allowed to intervene in such action, 
     the United States shall not remove such action to the Federal 
     courts.
       (B) Exception.--The United States may seek removal if--
       (i) the action concerns the Secretary's decision regarding 
     the issuance of rights-of-way under section 3108(c);
       (ii) the action concerns the authority of a Federal agency 
     to administer programs or the issuance of a permit under--

       (I) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (II) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (III) the Clean Air Act (42 U.S.C. 7401 et seq.); or
       (IV) any other Federal law specifically addressed in 
     intergovernmental agreements; or

       (iii) the intergovernmental agreement is inconsistent with 
     a Federal law for the protection of civil rights, public 
     health, or welfare.
       (m) Rule of Construction.--Nothing in this subtitle shall 
     be construed to affect the application of the Act of May 25, 
     1918 (25 U.S.C. 211) within the State of Arizona.
       (n) Disclaimer.--Nothing in this section repeals, modifies, 
     amends, changes, or otherwise affects the Secretary's 
     obligations to the Zuni Tribe pursuant to the Act entitled 
     ``An Act to convey certain lands to the Zuni Indian Tribe for 
     religious purposes'' approved August 28, 1984 (Public Law 98-
     408; 98 Stat. 1533) (and as amended by the Zuni Land 
     Conservation Act of 1990 (Public Law 101-486; 104 Stat. 
     1174)).

     SEC. 3106. DEVELOPMENT FUND.

       (a) Establishment of the Fund.--
       (1) In general.--There is established in the Treasury of 
     the United States a fund to be known as the ``Zuni Indian 
     Tribe Water Rights Development Fund'', to be managed and 
     invested by the Secretary, consisting of--
       (A) the amounts authorized to be appropriated in section 
     3104(b); and
       (B) the appropriation to be contributed by the State of 
     Arizona pursuant to paragraph 7.6 of the Settlement 
     Agreement.
       (2) Additional deposits.--The Secretary shall deposit in 
     the Fund any other monies paid to the Secretary on behalf of 
     the Zuni Tribe pursuant to the Settlement Agreement.
       (b) Management of the Fund.--The Secretary shall manage the 
     Fund, make investments from the Fund, and make monies 
     available from the Fund for distribution to the Zuni Tribe 
     consistent with the American Indian Trust Fund Management 
     Reform Act of 1994 (25 U.S.C. 4001 et seq.) (referred to in 
     this section as the ``Trust Fund Reform Act''), this 
     subtitle, and the Settlement Agreement.
       (c) Investment of the Fund.--The Secretary shall invest 
     amounts in the Fund in accordance with--
       (1) the Act of April 1, 1880 (21 Stat. 70, ch. 41, 25 
     U.S.C. 161);
       (2) the first section of the Act of June 24, 1938 (52 Stat. 
     1037, ch. 648, 25 U.S.C. 162a); and
       (3) subsection (b).
       (d) Availability of Amounts From the Fund.--The funds 
     authorized to be appropriated pursuant to section 3104(b)(2) 
     and funds contributed by the State of Arizona pursuant to 
     paragraph 7.6 of the Settlement Agreement shall be available 
     for expenditure or withdrawal only after the requirements of 
     section 3109(a) have been met.
       (e) Expenditures and Withdrawal.--
       (1) Tribal management plan.--
       (A) In general.--The Zuni Tribe may withdraw all or part of 
     the Fund on approval by the Secretary of a tribal management 
     plan as described in the Trust Fund Reform Act.
       (B) Requirements.--In addition to the requirements under 
     the Trust Fund Reform Act, the tribal management plan shall 
     require that the Zuni Tribe spend any funds in accordance 
     with the purposes described in section 3104(b).
       (2) Enforcement.--The Secretary may take judicial or 
     administrative action to enforce the provisions of any tribal 
     management plan to ensure that any monies withdrawn from the 
     Fund under the plan are used in accordance with this 
     subtitle.
       (3) Liability.--If the Zuni Tribe exercises the right to 
     withdraw monies from the Fund, neither the Secretary nor the 
     Secretary of the Treasury shall retain any liability for the 
     expenditure or investment of the monies withdrawn.
       (4) Expenditure plan.--
       (A) In general.--The Zuni Tribe shall submit to the 
     Secretary for approval an expenditure plan for any portion of 
     the funds made available under this subtitle that the Zuni 
     Tribe does not withdraw under this subsection.
       (B) Description.--The expenditure plan shall describe the 
     manner in which, and the purposes for which, funds of the 
     Zuni Tribe remaining in the Fund will be used.
       (C) Approval.--On receipt of an expenditure plan under 
     subparagraph (A), the Secretary shall approve the plan if the 
     Secretary determines that the plan is reasonable and 
     consistent with this subtitle.
       (5) Annual report.--The Zuni Tribe shall submit to the 
     Secretary an annual report that describes all expenditures 
     from the Fund during the year covered by the report.
       (f) Funds for Acquisition of Water Rights.--
       (1) Water rights acquisitions.--Notwithstanding subsection 
     (e), the funds authorized to be appropriated pursuant to 
     section 3104(b)(1)--
       (A) shall be available upon appropriation for use in 
     accordance with section 3104(b)(1); and
       (B) shall be distributed by the Secretary to the Zuni Tribe 
     on receipt by the Secretary from the Zuni Tribe of a written 
     notice and a tribal council resolution that describe the 
     purposes for which the funds will be used.
       (2) Right to set off.--In the event the requirements of 
     section 3109(a) have not been met and the Settlement 
     Agreement has become null and void under section 3109(b), the 
     United States shall be entitled to set off any funds expended 
     or withdrawn from the amount appropriated pursuant to section 
     3104(b)(1), together with any interest accrued, against any 
     claims asserted by the Zuni Tribe against the United States 
     relating to water rights at the Zuni Heaven Reservation.
       (3) Water rights.--Any water rights acquired with funds 
     described in paragraph (1) shall be credited against any 
     water rights secured by the Zuni Tribe, or the United States 
     on behalf of the Zuni Tribe, for the Zuni Heaven Reservation 
     in the Little Colorado River General Stream Adjudication or 
     in any future settlement of claims for those water rights.
       (g) No Per Capita Distributions.--No part of the Fund shall 
     be distributed on a per capita basis to members of the Zuni 
     Tribe.

     SEC. 3107. CLAIMS EXTINGUISHMENT; WAIVERS AND RELEASES.

       (a) Full Satisfaction of Members' Claims.--
       (1) In general.--The benefits realized by the Tribe and its 
     members under this subtitle, including retention of any 
     claims and rights, shall constitute full and complete 
     satisfaction of all members' claims for--
       (A) water rights under Federal, State, and other laws 
     (including claims for water rights in groundwater, surface 
     water, and effluent) for Zuni Lands from time immemorial 
     through the effective date described in section 3109(a) and 
     any time thereafter; and
       (B) injuries to water rights under Federal, State, and 
     other laws (including claims for water rights in groundwater, 
     surface water, and effluent, claims for damages for 
     deprivation of water rights, and claims for changes to 
     underground water table levels) for Zuni Lands from time 
     immemorial through the effective date described in section 
     3109(a).
       (2) No recognition or establishment of individual water 
     right.--Nothing in this subtitle recognizes or establishes 
     any right of a member of the Tribe to water on the 
     Reservation.
       (b) Tribe and United States Authorization and Water 
     Quantity Waivers.--The Tribe, on behalf of itself and its 
     members and the Secretary on behalf of the United States in 
     its capacity as trustee for the Zuni Tribe and its members, 
     are authorized, as part of the performance of their 
     obligations under the Settlement Agreement, to execute a 
     waiver and release, subject to paragraph 11.4 of the 
     Settlement Agreement, for claims against the State of 
     Arizona, or any agency or political subdivision thereof, or 
     any other person, entity, corporation, or municipal 
     corporation, under Federal, State, or other law for any and 
     all--
       (1) past, present, and future claims to water rights 
     (including water rights in groundwater, surface water, and 
     effluent) for Zuni Lands from time immemorial through the 
     effective date described in section 3109(a) and any time 
     thereafter, except for claims within the Zuni Protection Area 
     as provided in article 5 of the Settlement Agreement;
       (2) past and present claims for injuries to water rights 
     (including water rights in groundwater, surface water, and 
     effluent and including claims for damages for deprivation of 
     water rights and any claims for changes to underground water 
     table levels) for Zuni Lands from time immemorial through the 
     effective date described in section 3109(a); and
       (3) past, present, and future claims for water rights and 
     injuries to water rights (including water rights in 
     groundwater, surface water, and effluent and including any 
     claims for damages for deprivation of water rights and any 
     claims for changes to underground water table levels) from 
     time immemorial through the effective date described in 
     section 3109(a), and any time thereafter, for lands outside 
     of Zuni Lands but located within the Little Colorado River 
     basin in Arizona, based upon aboriginal occupancy of lands by 
     the Zuni Tribe or its predecessors.
       (c) Tribal Waivers Against the United States.--The Tribe is 
     authorized, as part of the performance of its obligations 
     under the Settlement Agreement, to execute a waiver and 
     release, subject to paragraphs 11.4 and 11.6 of the 
     Settlement Agreement, for claims against the United States 
     (acting in its capacity as trustee for the Zuni Tribe or its 
     members, or otherwise acting on behalf of the Zuni Tribe or 
     its members), including any agencies, officials, or employees 
     thereof, for any and all--

[[Page S11751]]

       (1) past, present, and future claims to water rights 
     (including water rights in groundwater, surface water, and 
     effluent) for Zuni Lands, from time immemorial through the 
     effective date described in section 3109(a) and any time 
     thereafter;
       (2) past and present claims for injuries to water rights 
     (including water rights in groundwater, surface water, and 
     effluent and any claims for damages for deprivation of water 
     rights) for Zuni Lands from time immemorial through the 
     effective date described in section 3109(a);
       (3) past, present, and future claims for water rights and 
     injuries to water rights (including water rights in 
     groundwater, surface water, and effluent and any claims for 
     damages for deprivation of water rights) from time immemorial 
     through the effective date described in section 3109(a), and 
     any time thereafter, for lands outside of Zuni Lands but 
     located within the Little Colorado River basin in Arizona, 
     based upon aboriginal occupancy of lands by the Zuni Tribe or 
     its predecessors;
       (4) past and present claims for failure to protect, 
     acquire, or develop water rights of, or failure to protect 
     water quality for, the Zuni Tribe within the Little Colorado 
     River basin in Arizona from time immemorial through the 
     effective date described in section 3109(a); and
       (5) claims for breach of the trust responsibility of the 
     United States to the Zuni Tribe arising out of the 
     negotiation of the Settlement Agreement or this subtitle.
       (d) Tribal Waiver of Water Quality Claims and Interference 
     With Trust Claims.--
       (1) Claims against the state and others.--
       (A) Interference with trust responsibility.--The Tribe, on 
     behalf of itself and its members, is authorized, as part of 
     the performance of its obligations under the Settlement 
     Agreement, to waive and release all claims against the State 
     of Arizona, or any agency or political subdivision thereof, 
     or any other person, entity, corporation, or municipal 
     corporation under Federal, State, or other law, for claims of 
     interference with the trust responsibility of the United 
     States to the Zuni Tribe arising out of the negotiation of 
     the Settlement Agreement or this subtitle.
       (B) Injury or threat of injury to water quality.--The 
     Tribe, on behalf of itself and its members, is authorized, as 
     part of the performance of its obligations under the 
     Settlement Agreement, to waive and release, subject to 
     paragraphs 11.4, 11.6, and 11.7 of the Settlement Agreement, 
     all claims against the State of Arizona, or any agency or 
     political subdivision thereof, or any other person, entity, 
     corporation, or municipal corporation under Federal, State, 
     or other law, for--
       (i) any and all past and present claims, including natural 
     resource damage claims under the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 
     et seq.), or any other applicable statute, for injury to 
     water quality accruing from time immemorial through the 
     effective date described in section 3109(a), for lands within 
     the Little Colorado River basin in the State of Arizona; and
       (ii) any and all future claims, including natural resource 
     damage claims under the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et 
     seq.), or any other applicable statute, for injury or threat 
     of injury to water quality, accruing after the effective date 
     described in section 3109(a), for any lands within the 
     Eastern LCR basin caused by--

       (I) the lawful diversion or use of surface water;
       (II) the lawful withdrawal or use of underground water, 
     except within the Zuni Protection Area, as provided in 
     article 5 of the Settlement Agreement;
       (III) the Parties' performance of any obligations under the 
     Settlement Agreement;
       (IV) the discharge of oil associated with routine physical 
     or mechanical maintenance of wells or diversion structures 
     not inconsistent with applicable law;
       (V) the discharge of oil associated with routine start-up 
     and operation of well pumps not inconsistent with applicable 
     law; or
       (VI) any combination of the causes described in subclauses 
     (I) through (V).

       (2) Claims of the united states.--The Tribe, on behalf of 
     itself and its members, is authorized to waive its right to 
     request that the United States bring--
       (A) any claims for injuries to water quality under the 
     natural resource damage provisions of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.), the Oil Pollution Act of 1990 
     (33 U.S.C. 2701 et seq.) or any other applicable statute, for 
     lands within the Little Colorado River Basin in the State of 
     Arizona, accruing from time immemorial through the effective 
     date described in section 3109(a); and
       (B) any future claims for injuries or threat of injury to 
     water quality under the natural resource damage provisions of 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Oil 
     Pollution Act of 1990 (33 U.S.C. 2701 et seq.), or any other 
     applicable statute, accruing after the effective date 
     described in section 3109(a), for any lands within the 
     Eastern LCR basin, caused by--
       (i) the lawful diversion or use of surface water;
       (ii) the lawful withdrawal or use of underground water, 
     except within the Zuni Protection Area, as provided in 
     article 5 of the Settlement Agreement;
       (iii) the Parties' performance of any obligations under the 
     Settlement Agreement;
       (iv) the discharge of oil associated with routine physical 
     or mechanical maintenance of wells or diversion structures 
     not inconsistent with applicable law;
       (v) the discharge of oil associated with routine start-up 
     and operation of well pumps not inconsistent with applicable 
     law; or
       (vi) any combination of the causes described in clauses (i) 
     through (v).
       (3) Limitations.--Notwithstanding the authorization for the 
     Tribe's waiver of future water quality claims in paragraph 
     (1)(B)(ii) and the waiver in paragraph (2)(B), the Tribe, on 
     behalf of itself and its members, retains any statutory 
     claims for injury or threat of injury to water quality under 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Oil 
     Pollution Act of 1990 (33 U.S.C. 2701 et seq.), as described 
     in subparagraph 11.4(D)(3) and (4) of the Settlement 
     Agreement, that accrue at least 30 years after the effective 
     date described in section 3109(a).
       (e) Waiver of United States Water Quality Claims Related to 
     Settlement Land and Water.--
       (1) Past and present claims.--As part of the performance of 
     its obligations under the Settlement Agreement, the United 
     States waives and releases, subject to the retentions in 
     paragraphs 11.4, 11.6 and 11.7 of the Settlement Agreement, 
     all claims against the State of Arizona, or any agency or 
     political subdivision thereof, or any other person, entity, 
     corporation, or municipal corporation for--
       (A) all past and present common law claims accruing from 
     time immemorial through the effective date described in 
     section 3109(a) arising from or relating to water quality in 
     which the injury asserted is to the Tribe's interest in 
     water, trust land, and natural resources in the Little 
     Colorado River basin in the State of Arizona; and
       (B) all past and present natural resource damage claims 
     accruing through the effective date described in section 
     3109(a) arising from or relating to water quality in which 
     the claim is based on injury to natural resources or threat 
     to natural resources in the Little Colorado River basin in 
     Arizona, only for those cases in which the United States, 
     through the Secretary or other designated Federal official, 
     would act on behalf of the Tribe as a natural resource 
     trustee pursuant to the National Contingency Plan, as set 
     forth, as of the date of enactment of this Act, in section 
     300.600(b)(2) of title 40, Code of Federal Regulations.
       (2) Future claims.--As part of the performance of its 
     obligations under the Settlement Agreement, the United States 
     waives and releases, subject to the retentions in paragraphs 
     11.4, 11.6 and 11.7 of the Settlement Agreement, the State of 
     Arizona, or any agency or political subdivision thereof, or 
     any other person, entity, corporation, or municipal 
     corporation for--
       (A) all future common law claims arising from or relating 
     to water quality in which the injury or threat of injury 
     asserted is to the Tribe's interest in water, trust land, and 
     natural resources in the Eastern LCR basin in Arizona 
     accruing after the effective date described in section 
     3109(a) caused by--
       (i) the lawful diversion or use of surface water;
       (ii) the lawful withdrawal or use of underground water, 
     except within the Zuni Protection Area, as provided in 
     article 5 of the Settlement Agreement;
       (iii) the Parties' performance of any obligations under the 
     Settlement Agreement;
       (iv) the discharge of oil associated with routine physical 
     or mechanical maintenance of wells or diversion structures 
     not inconsistent with applicable law;
       (v) the discharge of oil associated with routine start-up 
     and operation of well pumps not inconsistent with applicable 
     law; or
       (vi) any combination of the causes described in clauses (i) 
     through (v); and
       (B) all future natural resource damage claims accruing 
     after the effective date described in section 3109(a) arising 
     from or relating to water quality in which the claim is based 
     on injury to natural resources or threat to natural resources 
     in the Eastern LCR basin in Arizona, only for those cases in 
     which the United States, through the Secretary or other 
     designated Federal official, would act on behalf of the Tribe 
     as a natural resource trustee pursuant to the National 
     Contingency Plan, as set forth, as of the date of enactment 
     of this Act, in section 300.600(b)(2) of title 40, Code of 
     Federal Regulations, caused by--
       (i) the lawful diversion or use of surface water;
       (ii) the lawful withdrawal or use of underground water, 
     except within the Zuni Protection Area as provided in article 
     5 of the Settlement Agreement;
       (iii) the Parties' performance of their obligations under 
     this Settlement Agreement;
       (iv) the discharge of oil associated with routine physical 
     or mechanical maintenance of wells or diversion structures 
     not inconsistent with applicable law;
       (v) the discharge of oil associated with routine start-up 
     and operation of well pumps not inconsistent with applicable 
     law; or

[[Page S11752]]

       (vi) any combination of the causes described in clauses (i) 
     through (v).
       (f) Effect.--Subject to subsections (b) and (e), nothing in 
     this subtitle or the Settlement Agreement affects any right 
     of the United States, or the State of Arizona, to take any 
     actions, including enforcement actions, under any laws 
     (including regulations) relating to human health, safety and 
     the environment.

     SEC. 3108. MISCELLANEOUS PROVISIONS.

       (a) Waiver of Sovereign Immunity.--If any party to the 
     Settlement Agreement or a Pumping Protection Agreement files 
     a lawsuit only relating directly to the interpretation or 
     enforcement of this subtitle, the Settlement Agreement, an 
     agreement described in paragraph (1), (2), or (3) of section 
     3104(c), or a Pumping Protection Agreement, naming the United 
     States or the Tribe as a party, or if any other landowner or 
     water user in the Little Colorado River basin in Arizona 
     files a lawsuit only relating directly to the interpretation 
     or enforcement of Article 11, the rights of de minimis users 
     in subparagraph 4.2.D or the rights of underground water 
     users under Article 5 of the Settlement Agreement, naming the 
     United States or the Tribe as a party--
       (1) the United States, the Tribe, or both may be added as a 
     party to any such litigation, and any claim by the United 
     States or the Tribe to sovereign immunity from such suit is 
     hereby waived, other than with respect to claims for monetary 
     awards except as specifically provided for in the Settlement 
     Agreement; and
       (2) the Tribe may waive its sovereign immunity from suit in 
     the Superior Court of Apache County, Arizona for the limited 
     purposes of enforcing the terms of the Intergovernmental 
     Agreement, and any intergovernmental agreement required to be 
     entered into by the Tribe under the terms of the 
     Intergovernmental Agreement, other than with respect to 
     claims for monetary awards except as specifically provided in 
     the Intergovernmental Agreement.
       (b) Tribal Use of Water.--
       (1) In general.--With respect to water rights made 
     available under the Settlement Agreement and used on the Zuni 
     Heaven Reservation--
       (A) such water rights shall be held in trust by the United 
     States in perpetuity, and shall not be subject to forfeiture 
     or abandonment;
       (B) State law shall not apply to water uses on the 
     Reservation;
       (C) the State of Arizona may not regulate or tax such water 
     rights or uses (except that the court with jurisdiction over 
     the decree entered pursuant to the Settlement Agreement or 
     the Norviel Decree Court may assess administrative fees for 
     delivery of this water);
       (D) subject to paragraph 7.7 of the Settlement Agreement, 
     the Zuni Tribe shall use water made available to the Zuni 
     Tribe under the Settlement Agreement on the Zuni Heaven 
     Reservation for any use it deems advisable;
       (E) water use by the Zuni Tribe or the United States on 
     behalf of the Zuni Tribe for wildlife or instream flow use, 
     or for irrigation to establish or maintain wetland on the 
     Reservation, shall be considered to be consistent with the 
     purposes of the Reservation; and
       (F)(i) not later than 3 years after the deadline described 
     in section 3109(b), the Zuni Tribe shall adopt a water code 
     to be approved by the Secretary for regulation of water use 
     on the lands identified in subsections (a) and (b) of section 
     3105 that is reasonably equivalent to State water law 
     (including statutes relating to dam safety and groundwater 
     management); and
       (ii) until such date as the Zuni Tribe adopts a water code 
     described in clause (i), the Secretary, in consultation with 
     the State of Arizona, shall administer water use and water 
     regulation on lands described in that clause in a manner that 
     is reasonably equivalent to State law (including statutes 
     relating to dam safety and groundwater management).
       (2) Limitation.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Zuni Tribe or the United States shall not sell, lease, 
     transfer, or transport water made available for use on the 
     Zuni Heaven Reservation to any other place.
       (B) Exception.--Water made available to the Zuni Tribe or 
     the United States for use on the Zuni Heaven Reservation may 
     be severed and transferred from the Reservation to other Zuni 
     Lands if the severance and transfer is accomplished in 
     accordance with State law (and once transferred to any lands 
     held in fee, such water shall be subject to State law).
       (c) Rights-of-Way.--
       (1) New and future trust land.--The land taken into trust 
     under subsections (a) and (b) of section 3105 shall be 
     subject to existing easements and rights-of-way.
       (2) Additional rights-of-way.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary, in consultation with the Tribe, shall 
     grant additional rights-of-way or expansions of existing 
     rights-of-way for roads, utilities, and other accommodations 
     to adjoining landowners if--
       (i) the proposed right-of-way is necessary to the needs of 
     the applicant;
       (ii) the proposed right-of-way will not cause significant 
     and substantial harm to the Tribe's wetland restoration 
     project or religious practices; and
       (iii) the proposed right-of-way acquisition will comply 
     with the procedures in part 169 of title 25, Code of Federal 
     Regulations, not inconsistent with this subsection and other 
     generally applicable Federal laws unrelated to the 
     acquisition of interests across trust lands.
       (B) Alternatives.--If the criteria described in clauses (i) 
     through (iii) of subparagraph (A) are not met, the Secretary 
     may propose an alternative right-of-way, or other 
     accommodation that complies with the criteria.
       (d) Certain Claims Prohibited.--The United States shall 
     make no claims for reimbursement of costs arising out of the 
     implementation of this subtitle or the Settlement Agreement 
     against any Indian-owned land within the Tribe's Reservation, 
     and no assessment shall be made in regard to such costs 
     against such lands.
       (e) Vested Rights.--Except as described in paragraph 5.3 of 
     the Settlement Agreement (recognizing the Zuni Tribe's use of 
     1,500 acre-feet per annum of groundwater) this subtitle and 
     the Settlement Agreement do not create any vested right to 
     groundwater under Federal or State law, or any priority to 
     the use of groundwater that would be superior to any other 
     right or use of groundwater under Federal or State law, 
     whether through this subtitle, the Settlement Agreement, or 
     by incorporation of any abstract, agreement, or stipulation 
     prepared under the Settlement Agreement. Notwithstanding the 
     preceding sentence, the rights of parties to the agreements 
     referred to in paragraph (1), (2), or (3) of section 3104(c) 
     and paragraph 5.8 of the Settlement Agreement, as among 
     themselves, shall be as stated in those agreements.
       (f) Other Claims.--Nothing in the Settlement Agreement or 
     this subtitle quantifies or otherwise affects the water 
     rights, claims, or entitlements to water of any Indian tribe, 
     band, or community, other than the Zuni Indian Tribe.
       (g) No Major Federal Action.--
       (1) In general.--Execution of the Settlement Agreement by 
     the Secretary as provided for in section 3104(a) shall not 
     constitute major Federal action under the National 
     Environmental Policy Act (42 U.S.C. 4321 et seq.).
       (2) Settlement agreement.--In implementing the Settlement 
     Agreement, the Secretary shall comply with all aspects of--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); and
       (C) all other applicable environmental laws (including 
     regulations).

     SEC. 3109. EFFECTIVE DATE FOR WAIVER AND RELEASE 
                   AUTHORIZATIONS.

       (a) In General.--The waiver and release authorizations 
     contained in subsections (b) and (c) of section 3107 shall 
     become effective as of the date the Secretary causes to be 
     published in the Federal Register a statement of all the 
     following findings:
       (1) This subtitle has been enacted in a form approved by 
     the parties in paragraph 3.1.A of the Settlement Agreement.
       (2) The funds authorized by section 3104(b) have been 
     appropriated and deposited into the Fund.
       (3) The State of Arizona has appropriated and deposited 
     into the Fund the amount required by paragraph 7.6 of the 
     Settlement Agreement.
       (4) The Zuni Indian Tribe has either purchased or acquired 
     the right to purchase at least 2,350 acre-feet per annum of 
     surface water rights, or waived this condition as provided in 
     paragraph 3.2 of the Settlement Agreement.
       (5) Pursuant to subparagraph 3.1.D of the Settlement 
     Agreement, the severance and transfer of surface water rights 
     that the Tribe owns or has the right to purchase have been 
     conditionally approved, or the Tribe has waived this 
     condition as provided in paragraph 3.2 of the Settlement 
     Agreement.
       (6) Pursuant to subparagraph 3.1.E of the Settlement 
     Agreement, the Tribe and Lyman Water Company have executed an 
     agreement relating to the process of the severance and 
     transfer of surface water rights acquired by the Zuni Tribe 
     or the United States, the pass-through, use, or storage of 
     the Tribe's surface water rights in Lyman Lake, and the 
     operation of Lyman Dam.
       (7) Pursuant to subparagraph 3.1.F of the Settlement 
     Agreement, all the parties to the Settlement Agreement have 
     agreed and stipulated to certain Arizona Game and Fish 
     abstracts of water uses.
       (8) Pursuant to subparagraph 3.1.G of the Settlement 
     Agreement, all parties to the Settlement Agreement have 
     agreed to the location of an observation well and that well 
     has been installed.
       (9) Pursuant to subparagraph 3.1.H of the Settlement 
     Agreement, the Zuni Tribe, Apache County, Arizona and the 
     State of Arizona have executed an Intergovernmental Agreement 
     that satisfies all of the conditions in paragraph 6.2 of the 
     Settlement Agreement.
       (10) The Zuni Tribe has acquired title to the section of 
     land adjacent to the Zuni Heaven Reservation described as 
     Section 34, Township 14 North, Range 26 East, Gila and Salt 
     River Base and Meridian.
       (11) The Settlement Agreement has been modified if and to 
     the extent it is in conflict with this subtitle and such 
     modification has been agreed to by all the parties to the 
     Settlement Agreement.

[[Page S11753]]

       (12) A court of competent jurisdiction has approved the 
     Settlement Agreement by a final judgment and decree.
       (b) Deadline for Effective Date.--If the publication in the 
     Federal Register required under subsection (a) has not 
     occurred by December 31, 2006, sections 3104 and 3105, and 
     any agreements entered into pursuant to sections 3104 and 
     3105 (including the Settlement Agreement and the 
     Intergovernmental Agreement) shall not thereafter be 
     effective and shall be null and void. Any funds and the 
     interest accrued thereon appropriated pursuant to section 
     3104(b)(2) shall revert to the Treasury, and any funds and 
     the interest accrued thereon appropriated pursuant to 
     paragraph 7.6 of the Settlement Agreement shall revert to the 
     State of Arizona.

                   Subtitle B--Quinault Indian Nation

     SEC. 3201. QUINAULT INDIAN NATION WATER FEASIBILITY STUDY.

       (a) In General.--The Secretary of the Interior may carry 
     out a water source, quantity, and quality feasibility study 
     for the Quinault Indian Nation, to identify ways to meet the 
     current and future domestic and commercial water supply and 
     distribution needs of the Quinault Indian Nation on the 
     Olympic Peninsula, Washington.
       (b) Public Availability of Results.--As soon as practicable 
     after completion of a feasibility study under subsection (a), 
     the Secretary of the Interior shall--
       (1) publish in the Federal Register a notice of the 
     availability of the results of the feasibility study; and
       (2) make available to the public, on request, the results 
     of the feasibility study.

     Subtitle C--Santee Sioux Tribe of Nebraska Rural Water System 
                           Feasibility Study

     SEC. 3301. STUDY; REPORT.

       (a) Study.--Pursuant to reclamation laws, the Secretary of 
     the Interior (referred to in this subtitle as the 
     ``Secretary''), through the Bureau of Reclamation and in 
     consultation with the Santee Sioux Tribe of Nebraska 
     (referred to in this subtitle as the ``Tribe''), shall 
     conduct a feasibility study to determine the most feasible 
     method of developing a safe and adequate municipal, rural, 
     and industrial water treatment and distribution system for 
     the Santee Sioux Tribe of Nebraska that could serve the 
     tribal community and adjacent communities and incorporate 
     population growth and economic development activities for a 
     period of 40 years.
       (b) Cooperative Agreement.--At the request of the Tribe, 
     the Secretary shall enter into a cooperative agreement with 
     the Tribe for activities necessary to conduct the study 
     required by subsection (a) regarding which the Tribe has 
     unique expertise or knowledge.
       (c) Report.--Not later than 1 year after funds are made 
     available to carry out this subtitle, the Secretary shall 
     submit to Congress a report containing the results of the 
     study required by subsection (a).

     SEC. 3302. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the Secretary 
     $500,000 to carry out this subtitle.

                       TITLE IV--LAND PROVISIONS

Subtitle A--Agreement To Affirm Boundary Between Pubelo of Santa Clara 
 and Pueblo of San ildefonso Aboriginal Land Within Garcia Canyon Tract

     SEC. 4101. DEFINITIONS.

       In this subtitle:
       (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 4104(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 4102(a) or 
     4103(a).

     SEC. 4102. 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. 4103. 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. 4104. 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 4102(b) and 4103(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 4102(b) 
     and 4103(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. 4105. 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 4102(a) shall be 
     declared to be a part of the Santa Clara Indian Reservation; 
     and
       (2) the land held in trust under section 4103(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. 4106. EFFECT.

       Nothing in this subtitle--
       (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;

[[Page S11754]]

       (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.

                 Subtitle B--Additional Land Provisions

     SEC. 4201. INDIAN LAND CONSOLIDATION ACT AMENDMENTS.

       (a) Technical Correction.--Section 206(c)(2)(B) of the 
     Indian Land Consolidation Act (25 U.S.C. 2205(c)(2)(B)) is 
     amended by striking ``207(a)(6)(B) of this Act'' and 
     inserting ``207(a)(6)''.
       (b) Effective Date.--Section 207(g) of the Indian Land 
     Consolidation Act (25 U.S.C. 2206(g)) is amended by striking 
     paragraph (5) and inserting the following:
       ``(5) Effective date.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     this section shall not apply to the estate of an individual 
     who dies before the date that is 1 year after the date on 
     which the Secretary makes the certification required under 
     paragraph (4).
       ``(B) Approval.--Subsection (e) takes effect on November 7, 
     2000.''.
       (c) Trust and Restricted Land Transactions.--Section 217(c) 
     of the Indian Land Consolidation Act (25 U.S.C. 2216(c)) is 
     amended--
       (1) by striking the subsection heading and all that follows 
     through the end of the first sentence and inserting the 
     following:
       ``(c) Acquisition of Interest by Secretary.--
       ``(1) Request.--
       ``(A) In general.--An Indian, or the recognized tribal 
     government of a reservation, that is in possession of any 
     portion of the fee interest in a parcel of land described in 
     subparagraph (B) may request that the interest be taken into 
     trust by the Secretary.
       ``(B) Land.--A parcel of land described in this 
     subparagraph is any parcel of land--
       ``(i) that is located within a reservation; and
       ``(ii) at least a portion of the ownership interest in 
     which is held by the Secretary, in trust or restricted 
     status, on November 7, 2000.''; and
       (2) in the second sentence, by striking ``Upon'' and 
     inserting the following:
       ``(2) Interest.--Upon''.

     SEC. 4202. MISSISSIPPI BAND OF CHOCTAW INDIANS.

       Section 1(a)(2) of Public Law 106-228 (114 Stat. 462) is 
     amended by striking ``report entitled'' and all that follows 
     through ``is hereby declared'' and inserting the following: 
     ``report entitled `Report of May 17, 2002, Clarifying and 
     Correcting Legal Descriptions or Recording Information for 
     Certain Lands placed into Trust and Reservation Status for 
     the Mississippi Band of Choctaw Indians by Section 1(a)(2) of 
     Pub. L. 106-228, as amended by Title VIII, Section 811 of 
     Pub. L. 106-568', on file in the Office of the 
     Superintendent, Choctaw Agency, Bureau of Indian Affairs, 
     Department of the Interior, is declared''.

     SEC. 4203. REMOVAL OF RESTRICTIONS ON UTE TRIBE OF THE UINTAH 
                   AND OURAY RESERVATION LAND.

       Section 3405(c) of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 note; 
     Public Law 105-261) is amended by striking paragraph (3) and 
     inserting the following:
       ``(3) With respect to the land conveyed to the Tribe under 
     subsection (b)--
       ``(A) the land shall not be subject to any Federal 
     restriction on alienation; and
       ``(B) no grant, lease, exploration or development 
     agreement, or other conveyance of the land (or any interest 
     in the land) that is authorized by the governing body of the 
     Tribe shall be subject to approval by the Secretary of the 
     Interior or any other Federal official.''.

     SEC. 4204. RESERVATION LAND OF THE COW CREEK BAND OF UMPQUA 
                   TRIBE OF INDIANS.

       Section 7 of the Cow Creek Band of Umpqua Tribe of Indians 
     Recognition Act (25 U.S.C. 712e) is amended in the third 
     sentence by inserting before the period at the end the 
     following: ``, and shall be treated as on-reservation land 
     for the purpose of processing acquisitions of real property 
     into trust''.

     SEC. 4205. DISPOSITION OF FEE LAND OF THE SEMINOLE TRIBE OF 
                   FLORIDA.

       (a) Transactions.--The Seminole Tribe of Florida may 
     mortgage, lease, sell, convey, warrant, or otherwise transfer 
     all or any part of any interest in any real property that--
       (1) was held by the Tribe on September 1, 2002; and
       (2) is not held in trust by the United States for the 
     benefit of the Tribe.
       (b) No Further Approval Required.--Transactions under 
     subsection (a) shall be valid without further approval, 
     ratification, or authorization by the United States.
       (c) Trust Land Not Affected.--Nothing in this section is 
     intended or shall be construed to--
       (1) authorize the Seminole Tribe of Florida to mortgage, 
     lease, sell, convey, warrant, or otherwise transfer all or 
     any part of an interest in any real property that is held in 
     trust by the United States for the benefit of the Tribe; or
       (2) affect the operation of any law governing mortgaging, 
     leasing, selling, conveying, warranting, or otherwise 
     transferring any interest in such trust land.

     SEC. 4206. DISPOSITION OF FEE LAND OF THE SHAKOPEE 
                   MDEWAKANTON SIOUX COMMUNITY.

       (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. 4207. 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. 4208. AGREEMENT WITH DRY PRAIRIE RURAL WATER 
                   ASSOCIATION, INCORPORATED.

       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 V--LEASING PROVISIONS

     SEC. 5001. AUTHORIZATION OF 99-YEAR LEASES FOR CONFEDERATED 
                   TRIBES OF THE UMATILLA INDIAN RESERVATION.

       (a) In General.--Subsection (a) of the first section of the 
     Act of August 9, 1955 (25 U.S.C. 415(a)) is amended in the 
     second sentence--
       (1) by inserting ``the reservation of the Confederated 
     Tribes of the Umatilla Indian Reservation,'' before ``the 
     Burns Paiute Reservation,'';
       (2) by inserting ``the'' before ``Yavapai-Prescott''; and
       (3) by striking ``Washington,,'' and inserting 
     ``Washington,''.
       (b) Effective Date.--The amendments made by subsection (a) 
     apply to any lease entered into on, or renewed after, the 
     date of enactment of this Act.

     SEC. 5002. AUTHORIZATION OF 99-YEAR LEASES FOR YUROK TRIBE 
                   AND HOPLAND BAND OF POMO INDIANS.

       (a) In General.--The first section of the Act entitled ``An 
     Act to authorize the leasing of restricted Indian lands for 
     public, religious, educational, recreational, residential, 
     business, and other purposes requiring the grant of long-term 
     leases'', approved August 9, 1955 (25 U.S.C. 415(a)) is 
     amended by inserting ``lands held in trust for the Yurok 
     Tribe, lands held in trust for the Hopland Band of Pomo 
     Indians of the Hopland Rancheria,'' after ``Pueblo of Santa 
     Clara,''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to any lease entered into or renewed after the 
     date of the enactment of this Act.

     SEC. 5003. 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

[[Page S11755]]

       ``(C) shall specify in the terms of the lease an annual 
     rental rate--
       ``(i) which rate shall be increased by 3 percent per year 
     on a cumulative basis 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. 5004. 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.''.

                  TITLE VI--JUDGMENT FUND DISTRIBUTION

   Subtitle A--Gila River Indian Community Judgment Fund Distribution

     SEC. 6001. SHORT TITLE.

       This subtitle may be cited as the ``Gila River Indian 
     Community Judgment Fund Distribution Act of 2002''.

     SEC. 6002. FINDINGS.

       Congress finds that--
       (1) on August 8, 1951, the Gila River Indian Community 
     filed a complaint before the Indian Claims Commission in Gila 
     River Pima-Maricopa Indian Community v. United States, Docket 
     No. 236, for the failure of the United States to carry out 
     its obligation to protect the use by the Community of water 
     from the Gila River and the Salt River in the State of 
     Arizona;
       (2) except for Docket Nos. 236-C and 236-D, which remain 
     undistributed, all 14 original dockets under Docket No. 236 
     have been resolved and distributed;
       (3) in Gila River Pima-Maricopa Indian Community v. United 
     States, 29 Ind. Cl. Comm. 144 (1972), the Indian Claims 
     Commission held that the United States, as trustee, was 
     liable to the Community with respect to the claims made in 
     Docket No. 236-C;
       (4) in Gila River Pima-Maricopa Indian Community v. United 
     States, 684 F.2d 852 (1982), the United States Claims Court 
     held that the United States, as trustee, was liable to the 
     Community with respect to the claims made in Docket No. 236-
     D;
       (5) with the approval of the Community under Community 
     Resolution GR-98-98, the Community entered into a settlement 
     with the United States on April 27, 1999, for claims made 
     under Dockets Nos. 236-C and 236-D for an aggregate total of 
     $7,000,000;
       (6) on May 3, 1999, the United States Court of Federal 
     Claims ordered that a final judgment be entered in 
     consolidated Dockets Nos. 236-C and 236-D for $7,000,000 in 
     favor of the Community and against the United States;
       (7)(A) on October 6, 1999, the Department of the Treasury 
     certified the payment of $7,000,000, less attorney fees, to 
     be deposited in a trust account on behalf of the Community; 
     and
       (B) that payment was deposited in a trust account managed 
     by the Office of Trust Funds Management of the Department of 
     the Interior; and
       (8) in accordance with the Indian Tribal Judgment Funds Use 
     or Distribution Act (25 U.S.C. 1401 et seq.), the Secretary 
     is required to submit an Indian judgment fund use or 
     distribution plan to Congress for approval.

     SEC. 6003. DEFINITIONS.

       In this subtitle:
       (1) Adult.--The term ``adult'' means an individual who--
       (A) is 18 years of age or older as of the date on which the 
     payment roll is approved by the Community; or
       (B) will reach 18 years of age not later than 30 days after 
     the date on which the payment roll is approved by the 
     Community.
       (2) Community.--The term ``Community'' means the Gila River 
     Indian Community.
       (3) Community-owned funds.--The term ``Community-owned 
     funds'' means--
       (A) funds held in trust by the Secretary as of the date of 
     enactment of this Act that may be made available to make 
     payments under section 6101; or
       (B) revenues held by the Community that--
       (i) are derived from trust resources; and
       (ii) qualify for an exemption under section 7 or 8 of the 
     Indian Tribal Judgment Funds Use or Distribution Act (25 
     U.S.C. 1407, 1408).
       (4) IIM account.--The term ``IIM account'' means an 
     individual Indian money account.
       (5) Judgment funds.--The term ``judgment funds'' means the 
     aggregate amount awarded to the Community by the Court of 
     Federal Claims in Dockets Nos. 236-C and 236-D.
       (6) Legally incompetent individual.--The term ``legally 
     incompetent individual'' means an individual who has been 
     determined to be incapable of managing his or her own affairs 
     by a court of competent jurisdiction.
       (7) Minor.--The term ``minor'' means an individual who is 
     not an adult.
       (8) Payment roll.--The term ``payment roll'' means the list 
     of eligible, enrolled members of the Community who are 
     eligible to receive a payment under section 6101(a), as 
     prepared by the Community under section 6101(b).
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

            CHAPTER 1--GILA RIVER JUDGMENT FUND DISTRIBUTION

     SEC. 6101. DISTRIBUTION OF JUDGMENT FUNDS.

       (a) Per Capita Payments.--Notwithstanding the Indian Tribal 
     Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et 
     seq.) or any other provision of law (including any regulation 
     promulgated or plan developed under such a law), the amounts 
     paid in satisfaction of an award granted to the Gila River 
     Indian Community in Dockets Nos. 236-C and 236-D before the 
     United States Court of Federal Claims, less attorney fees and 
     litigation expenses and including all accrued interest, shall 
     be distributed in the form of per capita payments (in amounts 
     as equal as practicable) to all eligible enrolled members of 
     the Community.
       (b) Preparation of Payment Roll.--
       (1) In general.--The Community shall prepare a payment roll 
     of eligible, enrolled members of the Community that are 
     eligible to receive payments under this section in accordance 
     with the criteria described in paragraph (2).
       (2) Criteria.--
       (A) Individuals eligible to receive payments.--Subject to 
     subparagraph (B), the following individuals shall be eligible 
     to be listed on the payment roll and eligible to receive a 
     per capita payment under subsection (a):
       (i) All enrolled Community members who are eligible to be 
     listed on the per capita payment roll that was approved by 
     the Secretary for the distribution of the funds awarded to 
     the Community in Docket No. 236-N (including any individual 
     who was inadvertently omitted from that roll).
       (ii) All enrolled Community members who are living on the 
     date of enactment of this Act.
       (iii) All enrolled Community members who died--

       (I) after the effective date of the payment plan for Docket 
     No. 236-N; but
       (II) on or before the date of enactment of this Act.

       (B) Individuals ineligible to receive payments.--The 
     following individuals shall be ineligible to be listed on the 
     payment roll and ineligible to receive a per capita payment 
     under subsection (a):
       (i) Any individual who, before the date on which the 
     Community approves the payment roll, relinquished membership 
     in the Community.
       (ii) Any minor who relinquishes membership in the 
     Community, or whose parent or legal guardian relinquishes 
     membership on behalf of the minor, before the date on which 
     the minor reaches 18 years of age.
       (iii) Any individual who is disenrolled by the Community 
     for just cause (such as dual enrollment or failure to meet 
     the eligibility requirements for enrollment).
       (iv) Any individual who is determined or certified by the 
     Secretary to be eligible to receive a per capita payment of 
     funds relating to a judgment--

       (I) awarded to another community, Indian tribe, or tribal 
     entity; and
       (II) appropriated on or before the date of enactment of 
     this Act.

       (v) Any individual who is not enrolled as a member of the 
     Community on or before the date that is 90 days after the 
     date of enactment of this Act.
       (c) Notice to Secretary.--On approval by the Community of 
     the payment roll, the Community shall submit to the Secretary 
     a notice that indicates the total number of individuals 
     eligible to share in the per capita distribution under 
     subsection (a), as expressed in subdivisions that reflect--
       (1) the number of shares that are attributable to eligible 
     living adult Community members; and
       (2) the number of shares that are attributable to deceased 
     individuals, legally incompetent individuals, and minors.
       (d) Information Provided to Secretary.--The Community shall 
     provide to the Secretary enrollment information necessary to 
     allow the Secretary to establish--
       (1) estate accounts for deceased individuals described in 
     subsection (c)(2); and
       (2) IIM accounts for legally incompetent individuals and 
     minors described in subsection (c)(2).
       (e) Disbursement of Funds.--
       (1) In general.--Not later than 30 days after the date on 
     which the payment roll is approved by the Community and the 
     Community has reconciled the number of shares that belong in 
     each payment subdivision described in subsection (c), the 
     Secretary shall disburse to the Community the funds necessary 
     to make the per capita distribution under subsection (a) to 
     eligible living adult members of the Community described in 
     subsection (c)(1).
       (2) Administration and distribution.--On disbursement of 
     the funds under paragraph (1), the Community shall bear sole 
     responsibility for administration and distribution of the 
     funds.
       (f) Shares of Deceased Individuals.--
       (1) In general.--The Secretary, in accordance with 
     regulations promulgated by the Secretary and in effect as of 
     the date of enactment of this Act, shall distribute to the 
     appropriate heirs and legatees of deceased individuals 
     described in subsection (c)(2) the per capita shares of those 
     deceased individuals.
       (2) Absence of heirs and legatees.--If the Secretary and 
     the Community make a final determination that a deceased 
     individual described in subsection (c)(2) has no heirs or 
     legatees, the per capita share of the deceased individual and 
     the interest earned on that share shall--
       (A) revert to the Community; and

[[Page S11756]]

       (B) be deposited into the general fund of the Community.
       (g) Shares of Legally Incompetent Individuals.--
       (1) In general.--The Secretary shall deposit the shares of 
     legally incompetent individuals described in subsection 
     (c)(2) in supervised IIM accounts.
       (2) Administration.--The IIM accounts described in 
     paragraph (1) shall be administered in accordance with 
     regulations and procedures established by the Secretary and 
     in effect as of the date of enactment of this Act.
       (h) Shares of Minors.--
       (1) In general.--The Secretary shall deposit the shares of 
     minors described in subsection (c)(2) in supervised IIM 
     accounts.
       (2) Administration.--
       (A) In general.--The Secretary shall hold the per capita 
     share of a minor described in subsection (c)(2) in trust 
     until such date as the minor reaches 18 years of age.
       (B) Nonapplicable law.--Section 3(b)(3) of the Indian 
     Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 
     1403(b)(3)) shall not apply to any per capita share of a 
     minor that is held by the Secretary under this subtitle.
       (C) Disbursement.--No judgment funds, nor any interest 
     earned on judgment funds, shall be disbursed from the account 
     of a minor described in subsection (c)(2) until such date as 
     the minor reaches 18 years of age.
       (i) Payment of Eligible Individuals Not Listed on Payment 
     Roll.--
       (1) In general.--An individual who is not listed on the 
     payment roll, but is eligible to receive a payment under this 
     subtitle, as determined by the Community, may be paid from 
     any remaining judgment funds after the date on which--
       (A) the Community makes the per capita distribution under 
     subsection (a); and
       (B) all appropriate IIM accounts are established under 
     subsections (g) and (h).
       (2) Insufficient funds.--If insufficient judgment funds 
     remain to cover the cost of a payment described in paragraph 
     (1), the Community may use Community-owned funds to make the 
     payment.
       (3) Minors, legally incompetent individuals, and deceased 
     individuals.--In a case in which a payment described in 
     paragraph (2) is to be made to a minor, a legally incompetent 
     individual, or a deceased individual, the Secretary--
       (A) is authorized to accept and deposit funds from the 
     payment in an IIM account or estate account established for 
     the minor, legally incompetent individual, or deceased 
     individual; and
       (B) shall invest those funds in accordance with applicable 
     law.
       (j) Use of Residual Funds.--On request by the governing 
     body of the Community to the Secretary, and after passage by 
     the governing body of the Community of a tribal council 
     resolution affirming the intention of the governing body to 
     have judgment funds disbursed to, and deposited in the 
     general fund of, the Community, any judgment funds remaining 
     after the date on which the Community completes the per 
     capita distribution under subsection (a) and makes any 
     appropriate payments under subsection (i) shall be disbursed 
     to, and deposited in the general fund of, the Community.
       (k) Reversion of Per-Capita Shares to Tribal Ownership.--
       (1) In general.--In accordance with the first section of 
     Public Law 87-283 (25 U.S.C. 164), the share for an 
     individual eligible to receive a per-capita share under 
     subsection (a) that is held in trust by the Secretary, and 
     any interest earned on that share, shall be restored to 
     Community ownership if, for any reason--
       (A) subject to subsection (i), the share cannot be paid to 
     the individual entitled to receive the share; and
       (B) the share remains unclaimed for the 6-year period 
     beginning on the date on which the individual became eligible 
     to receive the share.
       (2) Request by community.--In accordance with subsection 
     (j), the Community may request that unclaimed funds described 
     in paragraph (1)(B) be disbursed to, and deposited in the 
     general fund of, the Community.

     SEC. 6102. RESPONSIBILITY OF SECRETARY; APPLICABLE LAW.

       (a) Responsibility for Funds.--After the date on which 
     funds are disbursed to the Community under section 
     6101(e)(1), the United States and the Secretary shall have no 
     trust responsibility for the investment, supervision, 
     administration, or expenditure of the funds disbursed.
       (b) Deceased and Legally Incompetent Individuals.--Funds 
     subject to subsections (f) and (g) of section 6101 shall 
     continue to be held in trust by the Secretary until the date 
     on which those funds are disbursed under this subtitle.
       (c) Applicability of Other Law.--Except as otherwise 
     provided in this subtitle, all funds distributed under this 
     subtitle shall be subject to sections 7 and 8 of the Indian 
     Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 
     1407, 1408).

    CHAPTER 2--CONDITIONS RELATING TO COMMUNITY JUDGMENT FUND PLANS

     SEC. 6111. PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS 
                   AWARDED IN DOCKET NO. 228.

       (a) Definition of Plan.--In this section, the term ``plan'' 
     means the plan for the use and distribution of judgment funds 
     awarded to the Community in Docket No. 228 of the United 
     States Claims Court (52 Fed. Reg. 6887 (March 5, 1987)), as 
     modified in accordance with Public Law 99-493 (100 Stat. 
     1241).
       (b) Conditions.--Notwithstanding any other provision of 
     law, the Community shall modify the plan to include the 
     following conditions with respect to funds distributed under 
     the plan:
       (1) Applicability of other law relating to minors.--Section 
     3(b)(3) of the Indian Tribal Judgment Funds Use or 
     Distribution Act (25 U.S.C. 1403(b)(3)) shall not apply to 
     any per capita share of a minor that is held, as of the date 
     of enactment of this Act, by the Secretary.
       (2) Share of minors in trust.--The Secretary shall hold a 
     per capita share of a minor described in paragraph (1) in 
     trust until such date as the minor reaches 18 years of age.
       (3) Disbursal of funds for minors.--No judgment funds, nor 
     any interest earned on judgment funds, shall be disbursed 
     from the account of a minor described in paragraph (1) until 
     such date as the minor reaches 18 years of age.
       (4) Use of remaining judgment funds.--On request by the 
     governing body of the Community, as manifested by the 
     appropriate tribal council resolution, any judgment funds 
     remaining after the date of completion of the per capita 
     distribution under section 6101(a) shall be disbursed to, and 
     deposited in the general fund of, the Community.

     SEC. 6112. PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS 
                   AWARDED IN DOCKET NO. 236-N.

       (a) Definition of Plan.--In this section, the term ``plan'' 
     means the plan for the use and distribution of judgment funds 
     awarded to the Community in Docket No. 236-N of the United 
     States Court of Federal Claims (59 Fed. Reg. 31092 (June 16, 
     1994)).
       (b) Conditions.--
       (1) Per capita aspect.--Notwithstanding any other provision 
     of law, the Community shall modify the last sentence of the 
     paragraph under the heading ``Per Capita Aspect'' in the plan 
     to read as follows: ``Upon request from the Community, any 
     residual principal and interest funds remaining after the 
     Community has declared the per capita distribution complete 
     shall be disbursed to, and deposited in the general fund of, 
     the Community.''.
       (2) General provisions.--Notwithstanding any other 
     provision of law, the Community shall--
       (A) modify the third sentence of the first paragraph under 
     the heading ``General Provisions'' of the plan to strike the 
     word ``minors''; and
       (B) insert between the first and second paragraphs under 
     that heading the following:
     ``Section 3(b)(3) of the Indian Tribal Judgment Funds Use or 
     Distribution Act (25 U.S.C. 1403(b)(3)) shall not apply to 
     any per capita share of a minor that is held, as of the date 
     of enactment of the Gila River Indian Community Judgment Fund 
     Distribution Act of 2002, by the Secretary. The Secretary 
     shall hold a per capita share of a minor in trust until such 
     date as the minor reaches 18 years of age. No judgment funds, 
     or any interest earned on judgment funds, shall be disbursed 
     from the account of a minor until such date as the minor 
     reaches 18 years of age.''.

                   CHAPTER 3--EXPERT ASSISTANCE LOANS

     SEC. 6121. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO 
                   GILA RIVER INDIAN COMMUNITY.

       Notwithstanding any other provision of law--
       (1) the balance of all outstanding expert assistance loans 
     made to the Community under Public Law 88-168 (77 Stat. 301) 
     and relating to Gila River Indian Community v. United States 
     (United States Court of Federal Claims Docket Nos. 228 and 
     236 and associated subdockets) are canceled; and
       (2) the Secretary shall take such action as is necessary--
       (A) to document the cancellation of loans under paragraph 
     (1); and
       (B) to release the Community from any liability associated 
     with those loans.

 Subtitle B--Assiniboine and Sioux Tribes of the Fort Peck Reservation 
                       Judgment Fund Distribution

     SEC. 6201. SHORT TITLE.

       This subtitle may be cited as the ``Assiniboine and Sioux 
     Tribes of the Fort Peck Reservation Judgment Fund 
     Distribution Act of 2002''.

     SEC. 6202. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) on December 18, 1987, the Assiniboine and Sioux Tribes 
     of the Fort Peck Reservation and 5 individual Fort Peck 
     tribal members filed a complaint before the United States 
     Claims Court (currently the Court of Federal Claims) in 
     Assiniboine and Sioux Tribes of the Fort Peck Reservation, et 
     al. 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;
       (2) in the case referred to in paragraph (1), 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 for the period during which 
     those funds were held in special deposit and IMPL-agency 
     accounts;
       (3) the plaintiffs in the case referred to in paragraph (1) 
     entered into a settlement with the United States for claims 
     made under Docket No. 773-87-L on December 31, 1998, for 
     payment by the United States of--

[[Page S11757]]

       (A) $1,339,415.33, representing interest earned on funds 
     while held in Special Deposit accounts at the Fort Peck 
     Agency during the period August 13, 1946, through September 
     30, 1981;
       (B) $2,749,354.41, representing--
       (i) interest on the principal indebtedness for the period 
     from August 13, 1946, through July 31, 1998; plus
       (ii) $364.27 in per diem interest on the principal 
     indebtedness for each day during the period commencing August 
     1, 1998, and ending on the date on which the judgment is 
     paid; and
       (C) $350,000, representing the litigation costs and 
     attorney's fees that the Tribe incurred to prosecute those 
     claims;
       (4) the terms of the settlement were approved by the Court 
     on January 8, 1999, and judgment was entered on January 12, 
     1999;
       (5) on March 18, 1999, $4,522,551.84 was transferred to the 
     Department of the Interior;
       (6) that judgment amount was deposited in an escrow account 
     established to provide--
       (A) $350,000 for the payment of attorney's fees and 
     expenses; and
       (B) $4,172,551.84 for pending Court-ordered distribution to 
     the Tribe and individual Indian trust beneficiaries;
       (7) on January 31, 2001, the Court approved a joint 
     stipulation that established procedures for--
       (A) identification of the class of individual Indians 
     having an interest in the judgment;
       (B) notice to and certification of that class; and
       (C) the distribution of the judgment amount to the Tribe 
     and affected class of individual Indians;
       (8)(A) on or about February 14, 2001, in accordance with 
     the Court-approved stipulation, $643,186.73 was transferred 
     to an account established by the Secretary for the benefit of 
     the Tribe; and
       (B) that transferred amount represents--
       (i) 54.2 percent of the Tribe's estimated 26-percent share 
     of the amount referred to in paragraph (6)(B); plus
       (ii) 50 percent of the Tribe's estimated 26-percent share 
     of interest and capital gains earned on the judgment amount 
     from the period beginning March 18, 1999, and ending on 
     December 31, 2000;
       (9) under the Court-approved stipulation--
       (A) that transferred amount is to remain available for use 
     by the Tribe in accordance with a plan adopted under the 
     Indian Tribal Judgment Funds Use or Distribution Act (25 
     U.S.C. 1401 et seq.);
       (B) the Tribe will most likely receive additional payments 
     from the distribution amount once the identification of all 
     individuals eligible to share in the distribution amount is 
     completed and the pro rata shares are calculated; and
       (C) those additional payments would include--
       (i) the balance of the share of the Tribe of the 
     distribution amount and investment income earned on the 
     distribution amount;
       (ii) the portion of the distribution amount that represents 
     income derived on funds in special deposit accounts that are 
     not attributable to the Tribe or any individual Indian; and
       (iii) the portion of the distribution amount that 
     represents shares attributable to individual Indians that--

       (I) cannot be located for purposes of accepting payment; 
     and
       (II) will not be bound by the judgment in the case referred 
     to in paragraph (1); and

       (10) pursuant to the Indian Tribal Judgment Funds Use or 
     Distribution Act (25 U.S.C. 1401 et seq.), the Secretary is 
     required to submit to Congress for approval an Indian 
     judgment fund use or distribution plan.

     SEC. 6203. DEFINITIONS.

       In this subtitle:
       (1) Court.--The term ``Court'' means the United States 
     Court of Federal Claims.
       (2) Distribution amount.--The term ``distribution amount'' 
     means the amount referred to in section 6202(a)(6)(B).
       (3) Judgment amount.--The term ``judgment amount'' means 
     the amount referred to in section 6202(a)(5).
       (4) Principal indebtedness.--The term ``principal 
     indebtedness'' means the sum referred to in section 
     6202(a)(3)(A).
       (5) Tribe.--The term ``Tribe'' means the Assiniboine and 
     Sioux Tribes of the Fort Peck Reservation.

     SEC. 6204. DISTRIBUTION OF JUDGMENT FUNDS.

       (a) In General.--Notwithstanding any provision of the 
     Indian Tribal Judgment Funds Use or Distribution Act (25 
     U.S.C. 1401 et seq.) to the contrary, the share of the Tribe 
     of the distribution amount, and such additional amounts as 
     may be awarded to the Tribe by the Court with respect to the 
     case referred to in section 6202(a)(1) (including any 
     interest accrued on those amounts)--
       (1) shall be made available for tribal health, education, 
     housing and social services programs of the Tribe, 
     including--
       (A) educational and youth programs;
       (B) programs for improvement of facilities and housing;
       (C) programs to provide equipment for public utilities;
       (D) programs to provide medical assistance or dental, 
     optical, or convalescent equipment; and
       (E) programs to provide senior citizen and community 
     services; and
       (2) shall not be available for per capita distribution to 
     any member of the Tribe.
       (b) Budget Specification.--The specific programs for which 
     funds are made available under subsection (a)(1), and the 
     amount of funds allocated to each of those programs, shall be 
     specified in an annual budget developed by the Tribe and 
     approved by the Secretary.

     SEC. 6205. APPLICABLE LAW.

       Except as provided in section 6204(a), all funds 
     distributed under this subtitle are subject to sections 7 and 
     8 of the Indian Tribal Judgment Funds Use or Distribution Act 
     (25 U.S.C. 1407, 1408).

              TITLE VII--REPAYMENT OF EXPERT WITNESS LOANS

     SEC. 7001. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO 
                   THE PUEBLO OF SANTO DOMINGO.

       Notwithstanding any other provision of law--
       (1) the balances of all expert assistance loans made to the 
     Pueblo of Santo Domingo under Public Law 88-168 (77 Stat. 
     301), and relating to Pueblo of Santo Domingo v. United 
     States (Docket No. 355 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 Pueblo of Santo Domingo from any liability 
     associated with any loan described in paragraph (1).

     SEC. 7002. 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. 7003. 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).

                 TITLE VIII--HEALTH-RELATED PROVISIONS

     SEC. 8001. 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. 8002. 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. 8003. 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:

[[Page S11758]]

       ``(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. 8004. ALASKA TREATMENT CENTERS AND FACILITIES.

       Section 704(b)(4)(A) of the Indian Health Care Improvement 
     Act (25 U.S.C. 1665c(b)(4)(A)) is amended--
       (1) in clause (i), by striking ``and'' at the end;
       (2) in clause (ii), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(iii) the Yukon Kuskokwim Health Corporation, for the 
     purpose of operating and maintaining a residential and 
     outpatient child, youth, and family inhalant prevention and 
     treatment program in Bethel, Alaska;
       ``(iv) the Southcentral Foundation, for the purpose of 
     operating and maintaining a residential substance abuse, 
     mental, and behavioral health treatment program for Alaska 
     Native youth in need of those services in Anchorage, Alaska;
       ``(v) the Cook Inlet Tribal Council, for the purpose of 
     operating and maintaining a residential treatment program, 
     day treatment program, and continuing care program for 
     alcohol and drug rehabilitation in Anchorage, Alaska; and
       ``(vi) the Southeast Alaska Regional Health Consortium, for 
     the purpose of operating and maintaining a residential 
     substance abuse treatment program for women with children in 
     Sitka, Alaska.''.

         TITLE IX--REAUTHORIZATION OF NATIVE AMERICAN PROGRAMS

     SEC. 9001. BOSQUE REDONDO MEMORIAL ACT.

       Section 206 of the Bosque Redondo Memorial Act (16 U.S.C. 
     431 note; Public Law 106-511) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--There is authorized to be appropriated 
     to carry out this title $2,000,000 for fiscal year 2001.''; 
     and
       (2) in subsection (b), by striking ``2002'' and inserting 
     ``2006,''.

     SEC. 9002. NAVAJO-HOPI LAND SETTLEMENT ACT OF 1974.

       Section 25(a)(8) of Public Law 93-531 (commonly known as 
     the ``Navajo-Hopi Land Settlement Act of 1974'') (25 U.S.C. 
     640d-24(a)(8)) is amended by striking ``annually for fiscal 
     years 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting 
     ``for each of fiscal years 2002 through 2006''.

     SEC. 9003. INDIAN HEALTH CARE IMPROVEMENT ACT.

       (a) Indian Health Professional Personnel.--Title I of the 
     Indian Health Care Improvement Act is amended by striking 
     section 123 (25 U.S.C. 1616p) and inserting the following:

     ``SEC. 123. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title such sums as are necessary for each of fiscal years 
     2002 and 2003.''.
       (b) Health Services.--
       (1) Authorization of appropriations.--
       (A) Intermediate adolescent mental health services.--
     Section 209(m) of the Indian Health Care Improvement Act (25 
     U.S.C. 1621h(m)) is amended by striking paragraph (6) and 
     inserting the following:
       ``(n) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary for each of fiscal years 2002 and 
     2003.''.
       (B) California contract health services demonstration 
     program.--Section 211 of the Indian Health Care Improvement 
     Act (25 U.S.C. 1621j) is amended by striking subsection (g) 
     and inserting the following:
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary for each of fiscal years 2002 and 
     2003.''.
       (C) Patient travel costs.--Section 213 of the Indian Health 
     Care Improvement Act (25 U.S.C. 1621l) is amended by striking 
     subsection (b) and inserting the following:
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary for each of fiscal years 2002 and 
     2003.''.
       (D) Epidemiology centers.--Section 214(b) of the Indian 
     Health Care Improvement Act (25 U.S.C. 1621m(b)) is amended 
     by striking paragraph (6) and inserting the following:
       ``(6) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as are necessary for each of fiscal years 2002 and 
     2003.''.
       (E) Comprehensive school health education programs.--
     Section 215 of the Indian Health Care Improvement Act (25 
     U.S.C. 1621n) is amended by striking subsection (g) and 
     inserting the following:
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary for each of fiscal years 2002 and 
     2003.''.
       (F) Indian youth grant program.--Section 216 of the Indian 
     Health Care Improvement Act (25 U.S.C. 1621o) is amended by 
     striking subsection (e) and inserting the following:
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary for each of fiscal years 2002 and 
     2003.''.
       (2) Additional authorization of appropriations.--Title II 
     of the Indian Health Care Improvement Act is amended by 
     striking section 224 (25 U.S.C. 1621w) and inserting the 
     following:

     ``SEC. 224. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title (other than sections 209(m), 211(g), 213(b), 214(b)(6), 
     215(g), and 216(e)) such sums as are necessary for each of 
     fiscal years 2002 and 2003.''.
       (c) Health Facilities.--Title III of the Indian Health Care 
     Improvement Act is amended by striking section 309 (25 U.S.C. 
     1638a) and inserting the following:

     ``SEC. 309. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title such sums as are necessary for each of fiscal years 
     2002 and 2003.''.
       (d) Access to Health Services.--Title IV of the Indian 
     Health Care Improvement Act is amended by striking section 
     407 (25 U.S.C. 1647) and inserting the following:

     ``SEC. 407. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title such sums as are necessary for each of fiscal years 
     2002 and 2003.''.
       (e) Health Services for Urban Indians.--Title V of the 
     Indian Health Care Improvement Act is amended by striking 
     section 514 (25 U.S.C. 1660d) and inserting the following:

     ``SEC. 514. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title such sums as are necessary for each of fiscal years 
     2002 and 2003.''.
       (f) Organizational Improvements.--Title VI of the Indian 
     Health Care Improvement Act is amended by striking section 
     603 (25 U.S.C. 1663) and inserting the following:

     ``SEC. 603. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title such sums as are necessary for each of fiscal years 
     2002 and 2003.''.
       (g) Substance Abuse Programs.--
       (1) Authorization of appropriations.--
       (A) Indian women treatment programs.--Section 703 of the 
     Indian Health Care Improvement Act (25 U.S.C. 1665b) is 
     amended by striking subsection (d) and inserting the 
     following:
       ``(d) Authorization of Appropriations.--
       ``(1) In general.--Subject to paragraph (2), there are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary for each of fiscal years 2002 and 2003.
       ``(2) Grants.--Of the funds made available under paragraph 
     (1) for a fiscal year, 20 percent shall be used to provide 
     grants to urban Indian organizations funded under title V.''.
       (B) Gallup alcohol and substance abuse treatment center.--
     Section 706 of the Indian Health Care Improvement Act (25 
     U.S.C. 1665e) is amended by striking subsection (d) and 
     inserting the following:
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary for each of fiscal years 2002 and 
     2003.''.
       (C) Fetal Alcohol Syndrome and Fetal Alcohol Effect 
     Grants.--Section 708(f)(2) of the Indian Health Care 
     Improvement Act (25 U.S.C. 1665g) is amended by striking 
     subsection (f) and inserting the following:
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--Subject to paragraph (2), there are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary for each of fiscal years 2002 and 2003.
       ``(2) Grants.--Of the funds made available under paragraph 
     (1) for a fiscal year, 10 percent shall be used to provide 
     grants to urban Indian organizations funded under title V 
     (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)).''.
       (D) Thunder child treatment center.--Section 710 of the 
     Indian Health Care Improvement Act (25 U.S.C. 1665i) is 
     amended--
       (i) by striking ``(b) For the purposes of'' and all that 
     follows through ``No funding'' and inserting the following:
       ``(b) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section such sums as are necessary for each 
     of fiscal years 2002 and 2003.
       ``(2) Staffing and operation.--No funding''; and
       (ii) in the third sentence, by striking ``None of the 
     funding'' and inserting the following:
       ``(3) Administrative purposes.--None of the funding''.
       (E) Substance abuse counselor education demonstration 
     project.--Section 711 of the Indian Health Care Improvement 
     Act (25 U.S.C. 1665j) is amended by striking subsection (h) 
     and inserting the following:
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary for each of fiscal years 2002 and 2003, 
     to remain available until expended.''.
       (2) Additional authorization of appropriations.--Title VII 
     of the Indian Health Care Improvement Act is amended by 
     striking section 714 (25 U.S.C. 1665m) and inserting the 
     following:

     ``SEC. 714. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title (other than sections

[[Page S11759]]

     703(d), 706(d), 708(f), 710(b), and 711(h)) such sums as are 
     necessary for each of fiscal years 2002 and 2003.''.
       (h) Miscellaneous.--
       (1) Home- and community-based care demonstration project.--
     Section 821 of the Indian Health Care Improvement Act (25 
     U.S.C. 1680k) is amended by striking subsection (i) and 
     inserting the following:
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary for each of fiscal years 2002 and 2003, 
     to remain available until expended.''.
       (2) Authorization of appropriations.--Title VIII of the 
     Indian Health Care Improvement Act is amended by striking 
     section 825 (25 U.S.C. 1680o) and inserting the following:

     ``SEC. 825. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title (other than section 821) such sums as are necessary for 
     each of fiscal years 2002 and 2003.''.

     SEC. 9004. INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND 
                   TREATMENT ACT OF 1986.

       (a) Tribal Action Plans.--
       (1) In general.--Section 4206(d) of the Indian Alcohol and 
     Substance Abuse Prevention and Treatment Act of 1986 (25 
     U.S.C. 2412(d)) is amended--
       (A) by striking ``(1) The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as are necessary for each of fiscal years 2002 and 
     2003.''.
       (2) Additional authorization.--Section 4206(f) of the 
     Indian Alcohol and Substance Abuse Prevention and Treatment 
     Act of 1986 (25 U.S.C. 2412(f)) is amended--
       (A) by striking ``(f)(1) The Secretary'' and inserting the 
     following:
       ``(f) Grants for In-School Training Programs.--
       ``(1) In general.--The Secretary'';
       (B) in paragraph (2)--
       (i) by striking ``(2) Funds'' and inserting the following:
       ``(2) Use of funds.--Funds''; and
       (ii) by indenting subparagraphs (A) through (E) 
     appropriately; and
       (C) by striking paragraph (3) and inserting the following:
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as are necessary for each of fiscal years 2002 and 
     2003.''.
       (b) Newsletter.--Section 4210 of the Indian Alcohol and 
     Substance Abuse Prevention and Treatment Act of 1986 (25 
     U.S.C. 2416) is amended by striking subsection (b) and 
     inserting the following:
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary for each of fiscal years 2002 and 
     2003.''.
       (c) Indian Education Programs.--Section 4212(a) of the 
     Indian Alcohol and Substance Abuse Prevention and Treatment 
     Act of 1986 (25 U.S.C. 2432(a)) is amended--
       (1) in the first sentence, by striking ``The Assistant 
     Secretary of Indian Affairs'' and inserting the following:
       ``(1) In general.--The Assistant Secretary of Indian 
     Affairs'';
       (2) in the second sentence, by striking ``The Assistant 
     Secretary shall'' and inserting the following:
       ``(2) Defrayment of costs.--The Assistant Secretary 
     shall''; and
       (3) by striking the third sentence and inserting the 
     following:
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as are necessary for each of fiscal years 2002 and 
     2003.''.
       (d) Emergency Shelters.--Section 4213(e) of the Indian 
     Alcohol and Substance Abuse Prevention and Treatment Act of 
     1986 (25 U.S.C. 2433(e)) is amended--
       (1) by striking paragraphs (1) through (3) and inserting 
     the following:
       ``(1) In general.--There are authorized to be appropriated 
     to carry out planning and design, construction, and 
     renovation of, or to purchase or lease land or facilities 
     for, emergency shelters and halfway houses to provide 
     emergency care for Indian youth, such sums as are necessary 
     for each of fiscal years 2002 and 2003.
       ``(2) Staffing and operation.--There is authorized to be 
     appropriated for staffing and operation of emergency shelters 
     and halfway houses described in paragraph (1) $7,000,000 for 
     each of fiscal years 2002 and 2003.
       ``(3) Allocation.--
       ``(A) In general.--The Secretary of the Interior shall 
     allocate funds made available under this subsection to Indian 
     tribes on the basis of priority of need of the Indian tribes.
       ``(B) Contracting and grants.--Funds allocated under 
     subparagraph (A) shall be subject to contracting or available 
     for grants under the Indian Self-Determination Act (25 U.S.C. 
     450f et seq.).'';
       (2) in paragraph (4), by striking ``(4) Funds'' and 
     inserting the following:
       ``(4) Conditions for use.--Funds''; and
       (3) in paragraph (5)--
       (A) by striking ``(5) Nothing in this Act may be 
     construed'' and inserting the following:
       ``(5) Effect on other authority.--Nothing in this Act'';
       (B) in subparagraph (A)--
       (i) by striking ``to limit'' and inserting ``limits''; and
       (ii) by striking ``houses, or'' and inserting ``houses; 
     or''; and
       (C) in subparagraph (B), by striking ``to require'' and 
     inserting ``requires''.
       (e) Illegal Narcotics Traffic on the Tohono O'Odham and St. 
     Regis Reservations; Source Eradication.--Section 4216 of the 
     Indian Alcohol and Substance Abuse Prevention and Treatment 
     Act of 1986 (25 U.S.C. 2442) is amended--
       (1) in subsection (a), 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 and 2003; 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 and 2003.''; and
       (2) in subsection (b), by striking paragraph (2) and 
     inserting the following:
       ``(2) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as are necessary for each of fiscal years 2002 and 
     2003.''.
       (f) Bureau of Indian Affairs Law Enforcement and Judicial 
     Training.--Section 4218 of the Indian Alcohol and Substance 
     Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2451) 
     is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary for each of fiscal years 2002 and 
     2003.''.
       (g) Juvenile Detention Centers.--Section 4220 of the Indian 
     Alcohol and Substance Abuse Prevention and Treatment Act of 
     1986 (25 U.S.C. 2453) is amended by striking subsection (b) 
     and inserting the following:
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary for each of fiscal years 2002 and 
     2003.''.

     SEC. 9005. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE 
                   PREVENTION ACT.

       (a) Indian Child Abuse Treatment Grant Program.--Section 
     409 of the Indian Child Protection and Family Violence 
     Prevention Act (25 U.S.C. 3208) is amended by striking 
     subsection (e) and inserting the following:
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2002 and 2003.''.
       (b) Indian Child Resource and Family Services Centers.--
     Section 410 of the Indian Child Protection and Family 
     Violence Prevention Act (25 U.S.C. 3209) is amended by 
     striking subsection (h) and inserting the following:
       ``(h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $3,000,000 for 
     each of fiscal years 2002 and 2003.''.
       (c) Indian Child Protection and Family Violence Prevention 
     Program.--Section 411 of the Indian Child Protection and 
     Family Violence Prevention Act (25 U.S.C. 3210) is amended by 
     striking subsection (i) and inserting the following:
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000 for 
     each of fiscal years 2002 and 2003.''.

     SEC. 9006. NATIVE HAWAIIAN HEALTH CARE IMPROVEMENT ACT.

       (a) Native Hawaiian Health Care Systems.--Section 6 of the 
     Native Hawaiian Health Care Improvement Act (42 U.S.C. 11705) 
     is amended by striking subsection (h) and inserting the 
     following:
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section for each of fiscal years 2002 and 
     2003.''.
       (b) Native Hawaiian Health Scholarships.--Section 10 of the 
     Native Hawaiian Health Care Improvement Act (42 U.S.C. 11709) 
     is amended by striking subsection (c) and inserting the 
     following:
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section for each of fiscal years 2002 and 
     2003.''.

     SEC. 9007. FOUR CORNERS INTERPRETIVE CENTER ACT.

       Section 7 of the Four Corners Interpretive Center Act 
     (Public Law 106-143; 113 Stat. 1706) is amended--
       (1) in subsection (a)(2), by striking ``2005'' and 
     inserting ``2007'';
       (2) in subsection (b), by striking ``2002'' and inserting 
     ``2004''; and
       (3) in subsection (c), by striking ``2001'' and inserting 
     ``2003''.

     SEC. 9008. ENVIRONMENTAL DISPUTE RESOLUTION FUND.

       Section 13 of the Morris K. Udall Scholarship and 
     Excellence in National Environmental and Native American 
     Public Policy Act of 1992 (20 U.S.C. 5609) is amended by 
     striking subsection (b) and inserting the following:
       ``(b) Environmental Dispute Resolution Fund.--There is 
     authorized to be appropriated to the Environmental Dispute 
     Resolution Fund established by section 10 $4,000,000 for each 
     of fiscal years 2004 through 2008, of which--
       ``(1) $3,000,000 shall be used to pay operations costs 
     (including not more than $1,000 for official reception and 
     representation expenses); and
       ``(2) $1,000,000 shall be used for grants or other 
     appropriate arrangements to pay the

[[Page S11760]]

     costs of services provided in a neutral manner relating to, 
     and to support the participation of non-Federal entities 
     (such as State and local governments, tribal governments, 
     nongovernmental organizations, and individuals) in, 
     environmental conflict resolution proceedings involving 
     Federal agencies.''.

                   TITLE X--MISCELLANEOUS PROVISIONS

                    Subtitle A--Cultural Provisions

     SEC. 10101. OKLAHOMA NATIVE AMERICAN CULTURAL CENTER AND 
                   MUSEUM.

       (a) Findings.--Congress makes the following findings:
       (1) In order to promote better understanding between Indian 
     and non-Indian citizens of the United States, and in light of 
     the Federal Government's continuing trust responsibilities to 
     Indian tribes, it is appropriate, desirable, and a proper 
     function of the Federal Government to provide grants for the 
     development of a museum designated to display the heritage 
     and culture of Indian tribes.
       (2) In recognition of the unique status and history of 
     Indian tribes in the State of Oklahoma and the role of the 
     Federal Government in such history, it is appropriate and 
     proper for the museum referred to in paragraph (1) to be 
     located in the State of Oklahoma.
       (b) Grant.--
       (1) In general.--The Director shall offer to award 
     financial assistance equaling not more than $33,000,000 and 
     technical assistance to the Authority to be used for the 
     development and construction of a Native American Cultural 
     Center and Museum in Oklahoma City, Oklahoma.
       (2) Agreement.--To be eligible to receive a grant under 
     paragraph (1), the appropriate official of the Authority 
     shall--
       (A) enter into a grant agreement with the Director which 
     shall specify the duties of the Authority under this section, 
     including provisions for continual maintenance of the Center 
     by the Authority without the use of Federal funds; and
       (B) demonstrate, to the satisfaction of the Director, that 
     the Authority has raised, or has commitments from private 
     persons or State or local government agencies for, an amount 
     that is equal to not less than 66 percent of the cost to the 
     Authority of the activities to be carried out under the 
     grant.
       (3) Limitation.--The amount of any grant awarded under 
     paragraph (1) shall not exceed 33 percent of the cost of the 
     activities to be funded under the grant.
       (4) In-kind contribution.--When calculating the cost share 
     of the Authority under this Act, the Director shall reduce 
     such cost share obligation by the fair market value of the 
     approximately 300 acres of land donated by Oklahoma City for 
     the Center, if such land is used for the Center.
       (c) Definitions.--For the purposes of this Act:
       (1) Authority.--The term ``Authority'' means the Native 
     American Cultural and Educational Authority of Oklahoma, and 
     agency of the State of Oklahoma.
       (2) Center.--The term ``Center'' means the Native American 
     Cultural Center and Museum authorized pursuant to this 
     section.
       (3) Director.--The term ``Director'' means the Director of 
     the Institute of Museum and Library Services.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Director to grant assistance under 
     subsection (b)(1), $8,250,000 for each of fiscal years 2003 
     through 2006.

     SEC. 10102. REHABILITATION OF CELILO INDIAN VILLAGE.

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

     SEC. 10103. 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 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.

               Subtitle B--Self-Determination Provisions

     SEC. 10201. INDIAN SELF-DETERMINATION ACT AMENDMENTS.

       (a) Application of Laws to Administrative Appeals.--Section 
     110 of the Indian Self-Determination and Education Assistance 
     Act (25 U.S.C. 450m-1) is amended by striking subsection (c) 
     and inserting the following:
       ``(c) Application of Laws to Administrative Appeals.--
       ``(1) In general.--The Equal Access to Justice Act (5 
     U.S.C. 504 note; Public Law 96-481), section 504 of title 5, 
     United States Code, and section 2412 of title 28, United 
     States Code, shall apply to an administrative appeal by a 
     tribal organization that--
       ``(A) is pending on or filed after October 5, 1988; and
       ``(B) relates to a contract, a grant agreement, or any 
     other agreement or compact authorized under--
       ``(i) this Act; or
       ``(ii) the Tribally Controlled Schools Act of 1988 (25 
     U.S.C. 2501 et seq.).
       ``(2) Fee.--
       ``(A) In general.--In the case of any claim for a fee 
     described in subparagraph (B), the fee shall be $125 per 
     hour, unless an appropriate Federal agency determines by 
     regulation that an increase in the cost of living or a 
     special factor, such as the limited availability of qualified 
     attorneys or agents for the proceedings involved, justifies a 
     higher fee.
       ``(B) Description of claim.--A claim described in this 
     subparagraph is--
       ``(i) a claim by a person for a fee for services relating 
     to an appeal described in paragraph (1) that are performed on 
     or after March 29, 1996; or
       ``(ii) a claim by a person for a fee for services that--

       ``(I) is asserted on or after March 29, 1996; but
       ``(II) is for a fee for services relating to an appeal 
     described in paragraph (1) performed before that date.''.

       (b) Incorporation of Self-Determination Provisions.--
     Section 403 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 458cc) is amended by striking 
     subsection (l) and inserting the following:
       ``(l) Incorporation of Self-Determination Provisions.--
       ``(1) In general.--At the option of any participating 
     Indian tribe, any or all of the provisions of title I or V 
     shall be incorporated in a compact or funding agreement 
     entered into under this title.
       ``(2) Force and effect.--A provision incorporated under 
     paragraph (1) shall--
       ``(A) have the same force and effect as if included in this 
     title; and
       ``(B) be deemed to--
       ``(i) supplement or supplant any related provision in this 
     title, as appropriate; and
       ``(ii) apply to any agency subject to this title.
       ``(3) Timing.--In any case in which an Indian tribe 
     requests incorporation of a provision under paragraph (1) 
     during the negotiation stage of a compact or funding 
     agreement described in that paragraph, the incorporation 
     shall--
       ``(A) be considered to be effective immediately; and
       ``(B) control the negotiation and any resulting compact or 
     funding agreement.''.

                   Subtitle C--Indian Arts and Crafts

     SEC. 10301. INDIAN ARTS AND CRAFTS ACT AMENDMENTS.

       Section 2(g) of the Act of August 27, 1935 (25 U.S.C. 
     305a(g)), is amended--
       (1) in paragraph (1), by inserting ``trademarks for'' after 
     ``products and'';
       (2) in paragraph (3), by striking ``and assign it and the 
     goodwill associated with it to an individual Indian or Indian 
     tribe without charge; and'' and inserting a semicolon;
       (3) in paragraph (4), by striking ``to pursue or defend in 
     the courts any appeal or proceeding with respect to any final 
     determination of that office'' and inserting ``to file with 
     the United States Patent and Trademark Office, and prosecute, 
     an application for any trademark or other mark described in 
     paragraph (1) that is owned by an individual Indian, Indian 
     tribe, or Indian arts and crafts organization, for 
     registration without charge in the United States Patent and 
     Trademark Office''; and
       (4) by inserting after the semicolon at the end the 
     following: ``(5)(A) to assign any trademark described in 
     paragraph (2) that is owned by the Federal Government, and 
     the goodwill associated with the trademark, to an individual 
     Indian, Indian tribe, or Indian arts and crafts organization; 
     and (B) to record any such assignment in the United States 
     Patent and Trademark Office, without charge; and (6) to 
     pursue or defend in the appropriate courts of the United 
     States any appeal or proceeding with respect to any final 
     determination of the United States Patent and Trademark 
     Office;''.

              Subtitle D--Certification of Rental Proceeds

     SEC. 10401. 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.
                                 ______
                                 
  SA 4981. Mr. REID (for Mr. Inouye) proposed an amendment to amendment 
SA 4980 proposed by Mr. Reid (for Mr. Inouye (for himself and Mr. 
Campbell)) to the bill S. 2711, to reauthorize and improve programs 
relating to Native Americans; as follows:

       Beginning on page 1-1, strike line 1 and all that follows 
     through page 1-8, line 21.
       Beginning on page 2-8, strike line 9 and all that follows 
     through page 2-12, line 9.
       Beginning on page 4-9, strike line 3 and all that follows 
     through page 4-10, line 22, and insert the following:

     SEC. 4201. INDIAN LAND CONSOLIDATION ACT AMENDMENTS.

       Section 217(c) of the Indian Land Consolidation Act (25 
     U.S.C. 2216(c)) is amended--
       (1) by striking the subsection heading and all that follows 
     through the end of the first sentence and inserting the 
     following:

[[Page S11761]]

       ``(c) Acquisition of Interest by Secretary.--
       ``(1) Request.--
       ``(A) In general.--An Indian, or the recognized tribal 
     government of a reservation, that is in possession of any 
     portion of the fee interest in a parcel of land described in 
     subparagraph (B) may request that the interest be taken into 
     trust by the Secretary.
       ``(B) Land.--A parcel of land described in this 
     subparagraph is any parcel of land--
       ``(i) that is located within a reservation; and
       ``(ii) at least a portion of the ownership interest in 
     which is held by the Secretary, in trust or restricted 
     status, on November 7, 2000.''; and
       (2) in the second sentence, by striking ``Upon'' and 
     inserting the following:
       ``(2) Interest.--Upon''.
       On page 4-15, strike lines 6 through 16 and insert the 
     following:

     SEC. 4208. AGREEMENT WITH DRY PRAIRIE RURAL WATER 
                   ASSOCIATION, INCORPORATED.

       (a) In General.--The Assiniboine and Sioux Tribes of the 
     Fort Peck Indian Reservation (referred to in this section as 
     the ``Tribes'') may, with the approval of the Secretary of 
     the Interior, enter into a lease or other temporary 
     conveyance of water rights recognized under the Fort Peck-
     Montana Compact (Montana Code Annotated 85-20-201) for the 
     purpose of meeting the water needs of the Dry Prairie Rural 
     Water Association, Incorporated (or any successor entity), 
     pursuant to section 5 of the Fort Peck Reservation Rural 
     Water System Act of 2000 (114 Stat. 1454).
       (b) Conditions of Lease.--With respect to a lease or other 
     temporary conveyance described in subsection (a)--
       (1) the term of the lease or conveyance shall not exceed 
     100 years; and
       (2)(A) the lease or conveyance may be approved by the 
     Secretary of the Interior without monetary compensation to 
     the Tribes; and
       (B) the Secretary of the Interior shall not be subject to 
     liability for any claim or cause of action relating to the 
     compensation or consideration received by the Tribes under 
     the lease or conveyance.
       (c) No Permanent Alienation of Water.--Nothing in this 
     section authorizes any permanent alienation of any water by 
     the Tribes.
       Beginning on page 10-4, strike line 19 and all that follows 
     through page 10-9, line 14, and insert the following:

                   Subtitle B--Indian Probate Reform

     SEC. 10201. SHORT TITLE.

       This subtitle may be cited as the ``Indian Probate Reform 
     Act of 2002''.

     SEC. 10202. FINDINGS.

       Congress makes the following findings:
       (1) The General Allotment Act of 1887 (commonly known as 
     the `Dawes Act'), which authorized the allotment of Indian 
     reservations, did not allow Indian allotment owners to 
     provide for the testamentary disposition of the land that was 
     allotted to those owners.
       (2) The Dawes Act provided that allotments would descend 
     according to State law of intestate succession based on the 
     location of the allotment.
       (3) The Federal Government's reliance on the State law of 
     intestate succession with respect to the descendency of 
     allotments has resulted in numerous problems affecting Indian 
     tribes, their members, and the Federal Government. Those 
     problems include--
       (A) the increasing fractionated ownership of trust and 
     restricted land as that land is inherited by successive 
     generations of owners as tenants in common;
       (B) the application of different rules of intestate 
     succession to each of a decedent's interests in trust and 
     restricted land if that land is located within the boundaries 
     of more than 1 State, which application makes probate 
     planning unnecessarily difficult and impedes efforts to 
     provide probate planning assistance or advice;
       (C) the absence of a uniform general probate code for trust 
     and restricted land which makes it difficult for Indian 
     tribes to work cooperatively to develop tribal probate codes; 
     and
       (D) the failure of Federal law to address or provide for 
     many of the essential elements of general probate law, either 
     directly or by reference, which is unfair to the owners of 
     trust and restricted land and their heirs and devisees and 
     which makes probate planning more difficult.
       (4) Based on the problems identified in paragraph (3), a 
     uniform Federal probate code would likely--
       (A) reduce the number of unnecessary fractionated interests 
     in trust or restricted land;
       (B) facilitate efforts to provide probate planning 
     assistance and advice;
       (C) facilitate inter-tribal efforts to produce tribal 
     probate codes pursuant to section 206 of the Indian Land 
     Consolidation Act (25 U.S.C. 2205); and
       (D) provide essential elements of general probate law that 
     are not applicable on the date of enactment of this subtitle 
     to interests in trust or restricted land.

                    CHAPTER 1--INDIAN PROBATE REFORM

     SEC. 10211. INDIAN PROBATE REFORM.

       (a) Testamentary Disposition.--Subsection (a) of section 
     207 of the Indian Land Consolidation Act (25 U.S.C. 2206(a)) 
     is amended to read as follows:
       ``(a) Testamentary Disposition.--
       ``(1) General devise of an interest in trust or restricted 
     land.--
       ``(A) In general.--Subject to any applicable Federal law 
     relating to the devise or descent of trust or restricted 
     property, or a tribal probate code enacted pursuant to 
     section 206, the owner of an interest in trust or restricted 
     land may devise such an interest to the Indian tribe with 
     jurisdiction over the land so devised, or to any Indian in 
     trust or restricted status or as a passive trust interest (as 
     provided for in section 207A).
       ``(B) Status.--The devise of an interest in trust or 
     restricted land to an Indian under subparagraph (A) shall not 
     alter the status of such an interest as a trust or restricted 
     interest unless the testator provides that the interest is to 
     be held as a passive trust interest.
       ``(2) Devise of trust or restricted land in passive trust 
     or fee status.--
       ``(A) In general.--Except as provided in any applicable 
     Federal law, any interest in trust or restricted land that is 
     not devised pursuant to paragraph (1) may only be devised--
       ``(i) as a life estate to any non-Indian person (the 
     remainder interest may only be devised pursuant to clause 
     (ii), subparagraph (C), or paragraph (1)(A));
       ``(ii)(I) to the testator's lineal descendant or heir of 
     the 1st or 2nd degree as a passive trust interest (to be 
     known as an `eligible passive trust devisee'); or
       ``(II) if the testator does not have an heir of the 1st or 
     2nd degree or a lineal descendant, to any lineal descendant 
     of a testator's Indian grandparent as a passive trust 
     interest (to be known as an `eligible passive trust 
     devisee'); or
       ``(iii) in fee status as provided for in subparagraph (C).
       ``(B) Presumed devise of passive trust interest.--Any 
     devise to an eligible passive trust devisee, including the 
     devise of a remainder interest from the devise of a life 
     estate under subparagraph (A)(ii), that does not indicate 
     whether the interest is devised as a passive trust interest 
     or a fee interest shall be construed to devise a passive 
     trust interest.
       ``(C) Devise of a fee interest.--Subject to subparagraph 
     (D), any interest in trust or restricted land that is not 
     devised pursuant to paragraph (1), or devised to an eligible 
     passive trust devisee pursuant to subparagraph (A), may be 
     devised to a non-Indian in fee status.
       ``(D) Limitation.--Any interest in trust or restricted land 
     that is subject to section 4 of the Act of June 18, 1934 (25 
     U.S.C. 464) may only be devised pursuant to such section 4, 
     subparagraph (A) of this paragraph, or paragraph (1) of this 
     subsection.
       ``(3) Devise of a passive trust interest.--
       ``(A) In general.--The holder of an interest in trust or 
     restricted land that is held as a passive trust interest may 
     devise the interest as a passive trust interest only to--
       ``(i) any Indian or the Indian tribe that exercises 
     jurisdiction over the interest;
       ``(ii) the holder's lineal descendants or heirs of the 
     first or second degree;
       ``(iii) any living descendant of the decedent from whom the 
     holder acquired the interest by devise or descent; and
       ``(iv) any person who owns a pre-existing interest or a 
     passive trust interest in the same parcel of land if the pre-
     existing interest is held in trust or restricted status or in 
     passive trust status.
       ``(B) Ineligible devisees and intestate succession.--A 
     passive trust interest that is devised to a person who is not 
     eligible under subparagraph (A) or that is not disposed of by 
     a valid will shall pass pursuant to the applicable law of 
     intestate succession as provided for in subsection (b).''.
       (b) Intestate Succession.--Subsection (b) of section 207 of 
     the Indian Land Consolidation Act (25 U.S.C. 2206(b)) is 
     amended to read as follows:
       ``(b) Intestate Succession.--
       ``(1) Rules of descent.--
       ``(A) In general.--Subject to any applicable Federal law 
     relating to the devise or descent of trust or restricted 
     property, any interest in trust or restricted land that is 
     not disposed of by a valid will shall--
       ``(i) descend according to a tribal probate code that is 
     approved pursuant to section 206; or
       ``(ii) in the case of an interest in trust or restricted 
     land to which such a code does not apply, be considered an 
     `intestate interest' and descend pursuant to paragraph (2), 
     this Act, and other applicable Federal law.
       ``(B) Classifications.--For purposes of applying this 
     subsection, intestate interests referred to in subparagraph 
     (A)(ii) shall be classified as either--
       ``(i) a devise or inheritance interest (an interest 
     acquired by a decedent through devise or inheritance); or
       ``(ii) an acquired interest (an interest acquired by a 
     decedent by any means other than devise or inheritance and an 
     interest acquired by a decedent through devise or 
     inheritance)--

       ``(I) if the decedent--

       ``(aa) acquired additional undivided interests in the same 
     parcel as the interest, by a means other than devise or 
     inheritance; or
       ``(bb) acquired land adjoining the parcel of land that 
     includes the interest; or

       ``(II) if the parcel of land that includes the interest 
     includes the decedent's spouse's residence.

       ``(2) Intestate succession.--An interest in trust or 
     restricted land described in paragraph (1)(A)(ii) (an 
     intestate interest) shall descend as provided for in this 
     paragraph:

[[Page S11762]]

       ``(A) Surviving indian spouse.--If a decedent is survived 
     by an Indian spouse and the decedent's estate includes--
       ``(i) one or more acquired interests, the decedent's spouse 
     shall receive all such acquired interests; or
       ``(ii) one or more devise or inheritance Interests, and--

       ``(I) the decedent is not survived by an Indian heir of the 
     first or second degree, the decedent's spouse shall receive 
     all such devise or inheritance interests; or
       ``(II) the decedent is survived by an Indian heir of the 
     first or second degree, the decedent's devise or inheritance 
     interest shall descend pursuant to paragraph (3)(A).

       ``(B) Surviving non-indian spouse.--If a decedent is 
     survived by a non-Indian spouse and the decedent's estate 
     includes--
       ``(i) one or more acquired interests, the decedent's spouse 
     shall receive a life estate in such acquired interest, and if 
     the decedent is--

       ``(I) survived by an Indian heir of the 1st or 2nd degree, 
     the remainder interests shall descend pursuant to paragraph 
     (3)(A); or
       ``(II) not survived by an Indian heir of the 1st or 2nd 
     degree, the remainder interest shall descend pursuant to 
     paragraph (3)(C); or

       ``(ii) one or more devise or inheritance interests, and the 
     decedent is--

       ``(I) survived by an Indian heir of the 1st or 2nd degree, 
     such devise or inheritance interests shall descend pursuant 
     to paragraph (3)(A); or
       ``(II) not survived by an Indian heir of the 1st or 2nd 
     degree, such devise or inheritance interest shall descend 
     pursuant to paragraph (3)(C).

       ``(C) No surviving spouse.--If the decedent is not survived 
     by a spouse, and the decedent's estate includes one or more 
     acquired interests or one or more devise or inheritance 
     interests and the decedent is--
       ``(i) survived by an Indian heir of the 1st or 2nd degree, 
     the acquired interests or devise or inheritance interests 
     shall descend pursuant to paragraph (3)(A); or
       ``(ii) not survived by an Indian heir of the 1st or 2nd 
     degree, the acquired interests or devise or inheritance 
     interests shall descend pursuant to paragraph (3)(C).
       ``(3) Rules applicable to intestate succession.--
       ``(A) Indian heirs.--For purposes of this subsection, 
     Indian heirs of the 1st or 2nd degree shall inherit in the 
     following order:
       ``(i) The Indian children of the decedent, in equal shares, 
     or if one or more of those Indian children do not survive the 
     decedent, such Indian children of the decedent's deceased 
     child shall inherit by right of representation.
       ``(ii) If the decedent has no Indian children or 
     grandchildren (that take by representation under clause (i)), 
     to the decedent's Indian brothers and sisters in equal 
     shares.
       ``(iii) If the decedent has no Indian brothers or sisters, 
     to the decedent's Indian parent or parents.
       ``(B) Right of representation.--For purpose of this 
     subsection, in any case involving the determination of a 
     right of representation--
       ``(i) each interest in trust land shall be equally divided 
     into a number of shares that equals the sum of--

       ``(I) the number of surviving heirs in the nearest degree 
     of kinship; and
       ``(II) the number of deceased persons in that same degree, 
     if any, who left issue who survive the decedent;

       ``(ii) each surviving heir described in clause (i)(I) shall 
     receive 1 share; and
       ``(iii)(I) each deceased person described in clause (i)(II) 
     shall receive 1 share; and
       ``(II) that share shall be divided equally among the 
     surviving issue of the deceased person.
       ``(C) No indian heirs.--
       ``(i) In general.--For purposes of this subsection, if a 
     decedent does not have an Indian heir of the 1st or 2nd 
     degree, an interest shall descend to an Indian collateral 
     heir who is a co-owner of an interest owned by the decedent 
     if any.
       ``(ii) Multiple collateral heirs.--If--

       ``(I) more than one Indian collateral heir owns an interest 
     in an interest referred to in clause (i), the interest shall 
     descend to the collateral heir that owns the largest 
     undivided interest in the parcel; or
       ``(II) two or more collateral heirs own equal shares in an 
     interest referred to in clause (i), the interest passing 
     pursuant to this subsection shall be divided equally between 
     those collateral heirs that own equal shares.

       ``(iii) No ownership.--If none of the decedent's collateral 
     heirs own an interest in the interest referred to in clause 
     (i), the interest shall descend to the Indian tribe that 
     exercises jurisdiction over the parcel of trust or restricted 
     lands involved, subject to clause (iv).
       ``(iv) Acquisition of interest.--Notwithstanding clause 
     (iii), an Indian co-owner of a parcel of trust or restricted 
     land may acquire an interest subject to such clause by paying 
     into the decedent's estate, before the close of the probate 
     of the decedent's estate, the fair market value of the 
     interest in such land. If more than 1 Indian co-owner 
     (including the Indian tribe referred to in clause (iii)) 
     offers to pay for such an interest, the highest bidder shall 
     acquire the interest.
       ``(v) Definition.--In this subparagraph, the term 
     `collateral heir' means the decedent's aunt, uncle, niece, 
     nephew, and first cousin.
       ``(4) Special rule relating to survival.--For purposes of 
     this section, an individual who fails to survive a decedent 
     by at least 120 hours is deemed to have predeceased the 
     decedent for the purposes of intestate succession, and the 
     heirs of the decedent shall be determined accordingly. If it 
     is not established by clear and convincing evidence that an 
     individual who would otherwise be an heir survived the 
     decedent by at least 120 hours, the individual shall be 
     deemed to have failed to survive for the required time-period 
     for the purposes of the preceding sentence.
       ``(5) Pretermitted spouses and children.--
       ``(A) Spouses.--For the purposes of this section, if the 
     surviving spouse of a testator married the testator after the 
     testator executed his or her will, the surviving spouse shall 
     receive the intestate share in trust or restricted land that 
     the spouse would have otherwise received if the testator had 
     died intestate. The preceding sentence shall not apply to an 
     interest in trust or restricted land where--
       ``(i) the will is executed before the date of enactment of 
     this subsection;
       ``(ii) the testator's spouse is a non-Indian and the 
     testator has devised his or her interests in trust or 
     restricted land to an Indian or Indians;
       ``(iii) it appears from the will or other evidence that the 
     will was made in contemplation of the testator's marriage to 
     the surviving spouse;
       ``(iv) the will expresses the intention that it is to be 
     effective notwithstanding any subsequent marriage; or
       ``(v) the testator provided for the spouse by a transfer of 
     funds or property outside of the will and an intent that the 
     transfer be in lieu of a testamentary provision is 
     demonstrated by the testator's statements or is reasonably 
     inferred from the amount of the transfer or other evidence.
       ``(B) Children.--For the purposes of this section, if a 
     testator executed his or her will prior to the birth or 
     adoption of 1 or more children of the testator and the 
     omission is the product of inadvertence rather than an 
     intentional omission, those children shall share in the 
     decedent's intestate interests in trust or restricted land as 
     if the decedent had died intestate. Any person recognized as 
     an heir by virtue of adoption under the Act of July 8, 1940 
     (54 Stat 746), shall be treated as a decedent's child under 
     this section.
       ``(6) Divorce.--
       ``(A) Surviving spouse.--
       ``(i) In general.--For the purposes of this section, an 
     individual who is divorced from the decedent, or whose 
     marriage to the decedent has been annulled, shall not be 
     considered to be a surviving spouse unless, by virtue of a 
     subsequent marriage, the individual is married to the 
     decedent at the time of death. A decree of separation that 
     does not terminate the status of husband and wife shall not 
     be considered a divorce for the purposes of this subsection.
       ``(ii) Rule of construction.--Nothing in clause (i) shall 
     be construed to prevent an entity responsible for 
     adjudicating interests in trust or restricted land from 
     giving force and effect to a property right settlement if one 
     of the parties to the settlement dies before the issuance of 
     a final decree dissolving the marriage of the parties to the 
     property settlement.
       ``(B) Effect of subsequent divorce on a will or devise.--If 
     after executing a will the testator is divorced or the 
     marriage of the testator is annulled, upon the effective date 
     of the divorce or annulment any disposition of interests in 
     trust or restricted land made by the will to the former 
     spouse shall be deemed to be revoked unless the will 
     expressly provides otherwise. Property that is prevented from 
     passing to a former spouse based on the preceding sentence 
     shall pass as if the former spouse failed to survive the 
     decedent. Any provision of a will that is revoked solely by 
     operation of this paragraph shall be revived by the 
     testator's remarriage to the former spouse.
       ``(7) Notice.--To the extent practicable, the Secretary 
     shall notify the owners of trust and restricted land of the 
     provisions of this Act. The notice may, at the discretion of 
     the Secretary, be provided together with the notice required 
     under section 207(g).''.
       (c) Rule of Construction.--Section 207 of the Indian Land 
     Consolidation Act (25 U.S.C. 2206) is amended by adding at 
     the end the following:
       ``(h) Rule of Construction.--For purposes of subsections 
     (a) and (b), any reference to `applicable Federal law' shall 
     be construed to include Public Law 91-627 (84 Stat. 1874, 
     amending section 7 of the Act of August 9, 1946), Public Law 
     92-377 (86 Stat. 530), Public Law 92-443 (86 Stat. 744), 
     Public Law 96-274 (94 Stat. 537), and Public Law 98-513 (98 
     Stat. 2411). Nothing in this section shall be construed to 
     amend or alter such Public Laws or any other Federal law that 
     provides for the devise and descent of any trust or 
     restricted lands located on a specific Indian reservation.''.
       (d) Passive Trust Status for Trust or Restricted Land.--The 
     Indian Land Consolidation Act is amended by inserting after 
     section 207 (25 U.S.C. 2206) the following:

     ``SEC. 207A. PASSIVE TRUST STATUS FOR TRUST OR RESTRICTED 
                   LAND.

       ``(a) Passive Trust.--The owner of an interest in trust or 
     restricted land may submit an application to the Secretary 
     requesting that such interest be held in passive trust 
     interest status. Such application may authorize the Secretary 
     to amend or alter any existing lease or agreement with 
     respect to the interest that is the subject of the 
     application.

[[Page S11763]]

       ``(b) Approval.--Upon the approval of an application by the 
     Secretary under subsection (a), an interest in trust or 
     restricted land shall be held as a passive trust interest in 
     accordance with this section.
       ``(c) Requirements.--Except as provided in this section, an 
     interest in trust or restricted land that is held as a 
     passive trust interest under this section--
       ``(1) shall continue to be covered under any applicable 
     tax-exempt status and continue to be subject to any 
     restrictions on alienation until such interest is patented in 
     fee status;
       ``(2) may, without the approval of the Secretary, be--
       ``(A) leased for a period of not to exceed 25 years;
       ``(B) mortgaged pursuant to the Act of March 29, 1956 (25 
     U.S.C. 483a); or
       ``(C) sold or conveyed to an Indian, the Indian tribe that 
     exercises jurisdiction over the interest, or a co-owner of an 
     interest in the same parcel of land if the co-owner owns a 
     pre-existing trust, restricted interest, or a passive trust 
     interest in the parcel; and
       ``(3) may be subject to an ordinance or resolution enacted 
     under subsection (d).
       ``(d) Ordinance or Resolution for Removal of Status.--
       ``(1) In general.--The governing body of the Indian tribe 
     that exercises jurisdiction over an interest in trust or 
     restricted land that is held as a passive trust interest in 
     accordance with this section may enact an ordinance or 
     resolution to allow the owner of such an interest to apply to 
     the Secretary for the removal of the trust or restricted 
     status of such portion of such lands that are subject to the 
     tribe's jurisdiction.
       ``(2) Review by secretary.--The Secretary shall review and 
     may approve an ordinance or resolution enacted by an Indian 
     tribe pursuant to paragraph (1) if the Secretary determines 
     that the ordinance or resolution is consistent with this Act 
     and will not increase fractionated ownership of Indian land.
       ``(e) Revenues or Royalties.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary shall not be responsible for the collection of or 
     accounting for any lease revenues or royalties accruing to an 
     interest held as a passive trust interest by any person under 
     this section.
       ``(2) Exception.--Paragraph (1) shall not apply to an 
     interest described in such paragraph if the Secretary 
     approves an application to have such interest be taken into 
     active trust status on behalf of an Indian or an Indian tribe 
     pursuant to regulations enacted by the Secretary.
       ``(3) Rule of construction.--Nothing in this subsection 
     shall be construed to alter the authority or responsibility 
     of the Secretary, if any, with respect to an interest in 
     trust or restricted land held in active trust status, 
     including an undivided interest within the same parcel of 
     land as an undivided passive trust interest.
       ``(f) Jurisdiction Over Passive Trust Interest.--An Indian 
     tribe that exercises jurisdiction over an interest in trust 
     or restricted land that is devised or held as a passive trust 
     interest under this section shall continue to exercise 
     jurisdiction over the land that is held as a passive trust 
     interest and any person holding, leasing, or otherwise using 
     such land shall be deemed to have consented to the 
     jurisdiction of such a tribe with respect to the use of such 
     land, including any impacts associated with any use of such 
     lands.
       ``(g) Probate of Passive Trust Interests.--An interest in 
     trust or restricted land that is held as a passive trust 
     interest under this section shall be subject to probate by 
     the Secretary pursuant to this Act and other laws applicable 
     to the probate of trust or restricted land. Any interested 
     party may file an application to commence the probate of an 
     interest in trust or restricted land held as a passive trust 
     interest.
       ``(h) Regulations.--The Secretary shall promulgate 
     regulations to implement this section.''.
       (e) Partition.--Section 205 of the Indian Land 
     Consolidation Act (25 U.S.C. 2204) is amended by adding at 
     the end the following:
       ``(c) Partition.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, in accordance with this subsection and subject to 
     paragraphs (2), (3), and (4)--
       ``(A) an Indian tribe may apply to the Secretary for the 
     partition of a parcel of land that is--
       ``(i) located within the reservation of the Indian tribe; 
     or
       ``(ii) otherwise under the jurisdiction of the Indian 
     tribe; and
       ``(B) the Secretary may commence a process for partitioning 
     a parcel of land as provided for in paragraphs (2)(B) and 
     (6)(B), if--
       ``(i) an Indian tribe owns an undivided interest in the 
     parcel of land and such tribe consents to the partition;
       ``(ii)(I) the tribe referred to in clause (i) meets the 
     ownership requirement of clauses (i) or (ii) of paragraph 
     (2)(B); or
       ``(II) the Secretary determines that it is reasonable to 
     believe that the partition would be in accordance with 
     paragraph (2)(B)(iii); and
       ``(iii) the tribe referred to in paragraph (3), if any, 
     consents to the partition.
     For purposes of this subsection, the term `eligible Indian 
     tribe' means an Indian tribe described in subparagraph (A) 
     and (B)(i).
       ``(2) Tribal ownership.--A parcel of land may be 
     partitioned under this subsection if, with respect to the 
     eligible Indian tribe involved--
       ``(A) the tribe owns an undivided interest in the parcel of 
     land; and
       ``(B)(i) the tribe owns 50 percent or more of the undivided 
     interest in the parcel;
       ``(ii) the tribe is the owner of the largest quantity of 
     undivided interest in the parcel; or
       ``(iii) the owners of undivided interests equal to at least 
     50 percent of the undivided interests in the parcel 
     (including any undivided interest owned by the tribe) consent 
     or do not object to the partition.
       ``(3) Tribal consent.--A parcel of land that is located 
     within the reservation of an Indian tribe or otherwise under 
     the jurisdiction of an Indian tribe shall be partitioned 
     under this subsection only if the Indian tribe does not 
     object to the partition.
       ``(4) Applicability.--This subsection shall not apply to 
     any parcel of land that is the bona fide residence of any 
     person unless the person consents to the partition in 
     writing.
       ``(5) Partition in kind.--
       ``(A) In general.--The Secretary shall commence the 
     partition process described in subparagraph (B) if--
       ``(i) an eligible Indian tribe applies to partition a 
     parcel of land under this paragraph; and
       ``(ii)(I) the Secretary determines that the Indian tribe 
     meets the applicable ownership requirements of clause (i) or 
     (ii) of paragraph (2)(B); or
       ``(II) the Secretary determines that it is reasonable to 
     believe that the partition would be in accordance with 
     paragraph (2)(B)(iii).
       ``(B) Partition process.--In carrying out any partition, 
     the Secretary shall--
       ``(i) provide, to each owner of any undivided interest in 
     the parcel to be partitioned, through publication or other 
     appropriate means, notice of the proposed partition;
       ``(ii) make available to any interested party a copy of any 
     proposed partition plan submitted by an Indian tribe or 
     proposed by the Secretary; and
       ``(iii) review--

       ``(I) any proposed partition plan submitted by any owner of 
     an undivided interest in the parcel; and
       ``(II) any comments or objections concerning a partition, 
     or any proposed plan of partition, submitted by any owner or 
     any other interested party.

       ``(C) Determination not to partition.--If the Secretary 
     determines that a parcel of land cannot be partitioned in a 
     manner that is fair and equitable to the owners of the 
     parcel, the Secretary shall inform each owner of the parcel 
     of--
       ``(i) the determination of the Secretary; and
       ``(ii) the right of the owner to appeal the determination.
       ``(D) Partition with consent of qualified indian tribe.--If 
     the Secretary determines that a parcel of land may be 
     partitioned in a manner that is fair and equitable to the 
     owners of the parcel, and the Indian tribe meets the 
     applicable ownership requirements under clause (i) or (ii) of 
     paragraph (2)(B), the Secretary shall--
       ``(i) approve a plan of partition;
       ``(ii) provide notice to the owners of the parcel of the 
     determination of the Secretary;
       ``(iii) make a copy of the plan of partition available to 
     each owner of the parcel; and
       ``(iv) inform each owner of the right to appeal the 
     determination of the Secretary to partition the parcel in 
     accordance with the plan.
       ``(E) Partition with consent; implied consent.--If the 
     Secretary determines that a parcel may be partitioned in a 
     manner that is fair and equitable to the owners of the 
     parcel, but the Indian tribe involved does not meet the 
     applicable ownership requirements under clause (i) or (ii) of 
     paragraph (2)(B), the Secretary shall--
       ``(i)(I) make a plan of partition available to the owners 
     of the parcel; and
       ``(II) inform the owners that the parcel will be 
     partitioned in accordance with the plan if the owners of 50 
     percent or more of undivided ownership interest in the parcel 
     either--

       ``(aa) consent to the partition; or
       ``(bb) do not object to the partition by such deadline as 
     may be established by the Secretary;

       ``(ii) if the owners of 50 percent or more of undivided 
     ownership interest in the parcel consent to the partition or 
     do not object by a deadline established by the Secretary 
     under clause (i)(II)(bb), inform the owners of the parcel 
     that--

       ``(I) the plan for partition is final; and
       ``(II) the owners have the right to appeal the 
     determination of the Secretary to partition the parcel; and

       ``(iii) if the owners of 50 percent or more of the 
     undivided ownership interest in the parcel object to the 
     partition, inform the Indian tribe of the objection.
       ``(F) Successive partition plans.--In carrying out 
     subparagraph (E) in accordance with paragraph (2)(B)(iii), 
     the Secretary may, in accordance with subparagraph (E)--
       ``(i) approve 1 or more successive plans of partition; and
       ``(ii) make those plans available to the owners of the 
     parcel.
       ``(G) Plan of partition--A plan of partition approved by 
     the Secretary in accordance with subparagraph (D) or (E)--
       ``(i) may determine that 1 or more of the undivided 
     interests in a parcel are not susceptible to a partition in 
     kind;
       ``(ii) may provide for the sale or exchange of those 
     undivided interests to--

       ``(I) 1 or more of the owners of undivided interests in the 
     parcel; or

[[Page S11764]]

       ``(II) the Secretary in accordance with section 213; and

       ``(iii) shall provide that the sale of any undivided 
     interest referred to in clause (ii) shall be for not less 
     than the fair market value of the interest.
       ``(6) Partition by sale.--
       ``(A) In general.--The Secretary shall commence the 
     partition process described in subparagraph (B) if--
       ``(i) an eligible Indian tribe applies to partition a 
     parcel of land under this subsection; and
       ``(ii)(I) the Secretary determines that the Indian tribe 
     meets the applicable ownership requirements of clause (i) or 
     (ii) of paragraph (2)(B); or
       ``(II) the Secretary determines that it is reasonable to 
     believe that the partition would be in accordance with 
     paragraph (2)(B)(iii).
       ``(B) Partition process.--In carrying out any partition of 
     a parcel, the Secretary--
       ``(i) shall conduct a preliminary appraisal of the parcel;
       ``(ii) shall provide, to the owners of the parcel, through 
     publication or other appropriate means--

       ``(I) notice of the application of the Indian tribe to 
     partition the parcel; and
       ``(II) access to the preliminary appraisal conducted in 
     accordance with clause (i);

       ``(iii) shall inform each owner of the parcel of the right 
     to submit to the Secretary comments relating to the 
     preliminary appraisal;
       ``(iv) may, based on comments received under clause (iii), 
     modify the preliminary appraisal or provide for the conduct 
     of a new appraisal; and
       ``(v) shall--

       ``(I) issue a final appraisal for the parcel;
       ``(II) provide to the owners of the parcel and the 
     appropriate Indian tribes access to the final appraisal; and
       ``(III) inform the Indian tribes of the right to appeal the 
     final appraisal.

       ``(C) Purchase by qualified indian tribe.--If an eligible 
     Indian tribe agrees to pay fair market value for a 
     partitioned parcel, as determined by the final appraisal of 
     the parcel issued under subparagraph (B)(v)(I) (including any 
     appraisal issued by the Secretary after an appeal by the 
     Indian tribe under subparagraph (B)(v)(III)), and the Indian 
     tribe meets the applicable ownership requirements of clause 
     (i) or (ii) of paragraph (2)(B), the Secretary shall--
       ``(i) provide to each owner of the parcel notice of the 
     decision of the Indian tribe; and
       ``(ii) inform the owners of the right to appeal the 
     decision (including the right to appeal any final appraisal 
     of the parcel referred to in subparagraph (B)(v)(III)).
       ``(D) Partition with consent; implied consent.--
       ``(i) In general.--If an eligible Indian tribe agrees to 
     pay fair market value for a partitioned parcel, as determined 
     by the final appraisal of the parcel issued under 
     subparagraph (B)(v)(I) (including any appraisal issued by the 
     Secretary after an appeal by the Indian tribe under 
     subparagraph (B)(v)(III)), but does not meet the applicable 
     ownership requirements of clause (i) or (ii) of paragraph 
     (2)(B), the Secretary shall--

       ``(I) provide notice to the owners of the undivided 
     interest in the parcel; and
       ``(II) inform the owners that the parcel will be 
     partitioned by sale unless the partition is opposed by the 
     owners of 50 percent or more of the undivided ownership 
     interest in the parcel.

       ``(ii) Failure to object to partition.--If the owners of 50 
     percent or more of undivided ownership interest in or to a 
     parcel consent to the partition or the parcel, or do not 
     object to the partition by such deadline as may be 
     established by the Secretary, the Secretary shall inform the 
     owners of the parcel of the right to appeal the determination 
     of the Secretary (including the results of the final 
     appraisal issued under subparagraph (B)(v)(I)).
       ``(iii) Objection to partition.--If the owners of 50 
     percent or more of the undivided ownership interest in a 
     parcel object to the partition of the parcel--

       ``(I) the Secretary shall notify the Indian tribe of the 
     objection; and
       ``(II) the Indian tribe and the Secretary may agree to 
     increase the amount offered to purchase the undivided 
     ownership interests in the parcel.

       ``(7) Enforcement.--
       ``(A) In general.--If, with respect to a parcel, a 
     partition in kind is approved under subparagraph (D) or (E) 
     of paragraph (5), or a partition by sale is approved under 
     paragraph (6)(C), and the owner of an interest in or to the 
     parcel fails or refuses to convey the interest to the Indian 
     tribe, the Indian tribe or the United States may--
       ``(i) bring a civil action in the United States district 
     court for the district in which the parcel is located; and
       ``(ii) request the court to issue an appropriate order for 
     the partition in kind, or partition by sale to the Indian 
     tribe, of the parcel.
       ``(B) Federal role.--With respect to any civil action 
     brought under subparagraph (A)--
       ``(i) the United States--

       ``(I) shall receive notice of the civil action; and
       ``(II) may be a party to the civil action; and

       ``(ii) no civil action brought under this section shall be 
     dismissed, and no relief requested shall be denied, on the 
     ground that the civil action is against the United States or 
     that the United States is an indispensable party.''.

     SEC. 10212. OTHER AMENDMENTS.

       (a) Other Amendments.--The Indian Land Consolidation Act 
     (25 U.S.C. 2201 et seq.) is amended--
       (1) in section 205(a) (25 U.S.C. 2204(a)), by striking 
     ``over 50 per centum of the undivided interests'' and 
     inserting ``undivided interests equal to at least 50 percent 
     of the undivided interest'';
       (2) in section 206 (25 U.S.C. 2205)--
       (A) in subsection (a), by striking paragraph (3) and 
     inserting the following:
       ``(3) Tribal probate codes.--Except as provided in any 
     applicable Federal law, the Secretary shall not approve a 
     tribal probate code, or an amendment to such a code, that 
     prevents the devise of an interest in trust or restricted 
     land to--
       ``(A) an Indian lineal descendant of the original allottee; 
     or
       ``(B) to an Indian who is not a member of the tribe that 
     exercises jurisdiction over such an interest unless the code 
     provides for the renouncing of interests (to eligible 
     devisees pursuant to such a code), the opportunity for a 
     devisee who is the testator's spouse or lineal descendant to 
     reserve a life estate, and payment of fair market value in 
     the manner prescribed under subsection (c)(2).'';
       (B) in subsection (c)(1)--
       (i) by striking ``section 207(a)(6)(A)'' and inserting 
     ``sections 207(a)(2)(A)(ii), 207(a)(2)(C), and 207(a)(3)''; 
     and
       (ii) by striking the last sentence and inserting ``The 
     Secretary shall transfer such payments to any person or 
     persons who would have received an interest in land if the 
     interest had not been acquired by the tribe pursuant to this 
     paragraph.''; and
       (C) in subsection (c)(2)--
       (i) in subparagraph (A)--

       (I) by striking ``(A) In general.--Paragraph'' and 
     inserting the following:

       ``(A) Nonapplicability to certain interests.--
       ``(i) In general.--Paragraph'';

       (II) by striking ``if, while'' and inserting the following: 
     ``if--
       ``(I) while'';
       (III) by striking the period and inserting ``; or''; and
       (IV) by adding at the end the following:
       ``(II) the interest is part of a family farm that is 
     devised to a member of the decedent's family if the devisee 
     agrees that the Indian tribe that exercises jurisdiction over 
     the land will have the opportunity to acquire the interest 
     for fair market value if the interest is offered for sale to 
     an entity that is not a member of the family of the owner of 
     the land.

       ``(ii) Recording of interest.--Upon the request of an 
     Indian tribe described in clause (i)(II), a restriction 
     relating to the acquisition by such tribe of an interest in 
     the family farm involved shall be recorded as part of the 
     deed relating to the interest involved.
       ``(iii) Rule of construction.--Nothing in clause (i)(II) 
     shall be construed to prevent or limit the ability of an 
     owner of land to which that clause applies to mortgage the 
     land or to limit the right of the entity holding such a 
     mortgage to foreclose or otherwise enforce such a mortgage 
     agreement pursuant to applicable law.
       ``(iv) Definition.--In this paragraph, the term `member of 
     the decedent's family' means the decedent's lineal 
     descendant, a lineal descendant of the grandparent of the 
     decedent, the spouse of any such descendant, or the 
     decedent's spouse.''; and
       (ii) in subparagraph (B), by striking ``subparagraph (A)'' 
     and all that follows through ``207(a)(6)(B)'' and inserting 
     ``paragraph (1)'';
       (3) in section 207 (25 U.S.C. 2206)--
       (A) in subsection (c)--
       (i) by redesignating paragraph (3) as paragraph (4); and
       (ii) by inserting after paragraph (2) the following:
       ``(3) Alienation of joint tenancy interests.--
       ``(A) In general.--With respect to any interest held as a 
     joint tenancy pursuant to this subsection--
       ``(i) nothing in this subsection shall be construed to 
     alter the ability of the owner of such an interest to convey 
     a life estate in the owner's undivided joint tenancy 
     interest; and
       ``(ii) only the last remaining owner of such an interest 
     may devise or convey more than a life estate in such an 
     interest.
       ``(B) Application of provision.--This paragraph shall not 
     apply to any conveyance, sale, or transfer that is part of an 
     agreement referred to in subsection (e) or to a co-owner of a 
     joint tenancy interest.''; and
       (B) in subsection (g)(5), by striking ``this section'' and 
     inserting ``subsections (a) and (b)'';
       (4) in section 213 (25 U.S.C. 2212)--
       (A) in subsection (a)(2), by striking ``(A) In general.--'' 
     and all that follows through ``subparagraph (A), the 
     Secretary'' and inserting ``The Secretary'';
       (B) in subsection (b)(4), by inserting before the period 
     the following: ``through the use of policies and procedures 
     designed to accommodate the voluntary sale of interests under 
     the pilot program (established by this Act) though the 
     elimination of duplicate conveyance documents, administrative 
     proceedings, and transactions, notwithstanding the existence 
     of any otherwise applicable policy, procedure, or 
     regulation''; and
       (C) in subsection (c)--

[[Page S11765]]

       (i) in paragraph (1)(A), by striking ``landowner upon 
     payment'' and all that follows through the period and 
     inserting the following: ``landowner--
       ``(i) upon payment by the Indian landowner of the amount 
     paid for the interest by the Secretary; or
       ``(ii) if the Indian referred to in this subparagraph 
     provides assurance that the purchase price will be paid by 
     pledging revenue from any source, including trust resources, 
     and the Secretary determines that the purchase price will be 
     paid in a timely and efficient manner.'';
       (ii) in paragraph (1)(B), by inserting ``unless the 
     interest is subject to a foreclosure of a mortgage pursuant 
     to the Act of March 29, 1956 (25 U.S.C. 483a)'' before the 
     period; and
       (iii) in paragraph (3), by striking ``10 percent of more of 
     the undivided interests'' and inserting ``an undivided 
     interest'';
       (5) in section 214 (25 U.S.C. 2213), by striking subsection 
     (b) and inserting the following:
       ``(b) Application of Revenue From Acquired Interests to 
     Land Consolidation Pilot Program.--
       ``(1) In general.--The Secretary shall have a lien on any 
     revenue accruing to an interest described under subsection 
     (a) until the Secretary provides for the removal of the lien 
     under paragraph (3) or (4).
       ``(2) Requirements.--Until Secretary removes the lien from 
     an interest of land as provided for in paragraph (1)--
       ``(A) any lease, resource sale contract, right-of-way, or 
     other document evidencing a transaction affecting the 
     interest shall contain a clause providing that all revenue 
     derived from the interest shall be paid to the Secretary;
       ``(B) any revenue derived from any interest acquired by the 
     Secretary pursuant to section 213 shall be paid into the fund 
     created under section 216; and
       ``(C) the Secretary may approve a transaction covered under 
     this section on behalf of a tribe notwithstanding any other 
     provision of law, including section 16 of the Act of June 18, 
     1934 (commonly known as the `Indian Reorganization Act') (25 
     U.S.C. 476).
       ``(3) Findings by secretary.--The Secretary may remove a 
     lien referred to in (1) if the Secretary makes a finding 
     that--
       ``(A) the costs of administering the interest will equal or 
     exceed the projected revenues for the parcel of land 
     involved;
       ``(B) in the discretion of the Secretary, it will take an 
     unreasonable period of time for the parcel of land to 
     generate revenue that equals the purchase price paid for the 
     interest; or
       ``(C) a subsequent decrease in the value of land or 
     commodities associated with the parcel of land make it likely 
     that the interest will be unable to generate revenue that 
     equals the purchase price paid for the interest in a 
     reasonable time.
       ``(4) Removal of lien.--Pursuant to the consultations 
     referred to in section 213(b)(3), the Secretary shall 
     periodically remove the lien referred to in paragraph (1) 
     from interests in land acquired by the Secretary.'';
       (6) in section 216 (25 U.S.C. 2215)--
       (A) in subsection (a), by striking paragraph (2) and 
     inserting the following:
       ``(2) collect all revenues received from the lease, permit, 
     or sale of resources from interests acquired under section 
     213 or paid by Indian landowners under section 213.''; and
       (B) in subsection (b)--
       (i) in paragraph (1)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``Subject to paragraph (2), all'' and inserting ``All'';
       (II) in subparagraph (A), by striking ``and'' at the end;
       (III) in subparagraph (B), by striking the period and 
     inserting ``; and''; and
       (IV) by adding at the end the following:

       ``(C) be used to acquire undivided interests on the 
     reservation where the income was derived.''; and
       (ii) by striking paragraph (2) and inserting the following:
       ``(2) Use of funds.--The Secretary may utilize the revenue 
     deposited in the Acquisition Fund under paragraph (1) to 
     acquire some or all of the undivided interests in any parcels 
     of land pursuant to section 205.'';
       (7) in section 217 (25 U.S.C. 2216)--
       (A) in subsection (e)(3), by striking ``prospective 
     applicants for the leasing, use, or consolidation of'' and 
     insert ``any person that is leasing, using or consolidating, 
     or is applying to, lease, use, or consolidate,''; and
       (B) by striking subsection (f) and inserting the following:
       ``(f) Purchase of Land by Tribe.--
       ``(1) In general.--Before the Secretary approves an 
     application to terminate the trust status or remove the 
     restrictions on alienation from a parcel of trust or 
     restricted land, the Indian tribe that exercises jurisdiction 
     over such a parcel shall have the opportunity to match any 
     offer contained in such application, or where there is no 
     purchase price offered, to acquire the interest in such land 
     by paying the fair market value of such interest.
       ``(2) Exception for family farms.--Paragraph (1) shall not 
     apply to a parcel of trust or restricted land that is part of 
     a family farm that is conveyed to a member of the landowner's 
     family (as defined in section 206(c)(2)(A)(iv)) if the tribe 
     that exercises jurisdiction over the land is afforded the 
     opportunity to purchase the interest if the interest is 
     offered for sale to an entity that is not a member of the 
     family of the owner of the land. Section 206(c)(2)(A) shall 
     apply with respect to the recording and mortgaging of the 
     trust or restricted land referred to in the preceding 
     sentence.''; and
       (8) in section 219(b)(1)(A) (25 U.S.C. 2219(b)(1)(A)), by 
     striking ``100'' and inserting ``90''.
       (b) Definition.--
       (1) In general.--Section 202(2) of the Indian Land 
     Consolidation Act (25 U.S.C. 2201(2)) is amended--
       (A) by striking ``means any'' and inserting the following: 
     ``means--
       ``(A) any'';
       (B) by striking ``or any person who has been found to 
     meet'' and inserting the following:
       ``(B) any person who meets''; and
       (C) by striking ``if the Secretary'' and all that follows 
     through the semicolon and inserting ``, except that the 
     Secretary may promulgate regulations to exclude any 
     definition (except for definitions in laws that are related 
     to land such as agriculture, grazing, housing, Indian 
     schools, economic development, cultural resources, natural 
     resources, and other laws providing for programs with 
     benefits intended to run to Indian landowners and any future 
     land-related programs) if the Secretary determines that the 
     definition is not consistent with the purposes of this Act, 
     or
       ``(C) with respect to the ownership, devise, or descent of 
     trust or restricted land in the State of California, any 
     person who meets the definition of Indians of California as 
     contained in section 1 of the Act of May 18, 1928 (25 U.S.C. 
     651), until otherwise provided by Congress pursuant to 
     section 809(b) of Public Law 94-437 (25 U.S.C. 1679(b));''.
       (2) Effective date.--Any exclusion referred to in the 
     amendment made by paragraph (1)(C) shall apply only to those 
     decedents who die after the Secretary of the Interior 
     promulgates the regulation providing for such exclusion.
       (c) Mortgages and Deeds of Trust.--The Act of March 29, 
     1956 (25 U.S.C. 483a) is amended in the first sentence of 
     subsection (a) by inserting ``(including land owned by any 
     person in passive trust status pursuant to section 207A of 
     the Indian Land Consolidation Act)'' after ``land'' the first 
     place that such appears.
       (d) Issuance of Patents.--Section 5 of the Act of February 
     8, 1887 (25 U.S.C. 348) is amended by striking the second 
     proviso and inserting the following: ``Provided, That the 
     rules of intestate succession under the Indian Land 
     Consolidation Act (25 U.S.C. 2201 et seq.) (including a 
     tribal probate code approved under that Act or regulations 
     promulgated under that Act) shall apply thereto after those 
     patents have been executed and delivered:''.
       (e) Transfers of Restricted Indian Land.--Section 4 of the 
     Act of June 18, 1934 (25 U.S.C. 464), is amended in the first 
     proviso by striking ``, in accordance with'' and all that 
     follows through the colon and inserting ``in accordance with 
     the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.) 
     (including a tribal probate code approved under that Act or 
     regulations promulgated under that Act):''.

     SEC. 10213. EFFECTIVE DATE.

       This amendments made by this subtitle shall not apply to 
     the estate of an individual who dies prior to the later of--
       (1) the date that is 1 year after the date of enactment of 
     this Act; or
       (2) the date specified in section 207(g)(5) of the Indian 
     Land Consolidation Act (25 U.S.C. 2206(g)(5)).

      CHAPTER 2--INHERITANCE OF CERTAIN TRUST OR RESTRICTED LANDS

     SEC. 10221. INHERITANCE OF CERTAIN TRUST OR RESTRICTED LANDS.

       Section 5 of Public Law 98-513 (98 Stat. 2411) is amended 
     to read as follows:
       ``Sec. 5. (a) Notwithstanding any other provision of this 
     Act--
       ``(1) subject to paragraph (2), the owner of an interest in 
     trust or restricted land within the reservation may not 
     devise an interest (including a life estate under section 4) 
     in such land that is less than two and one half acres (or the 
     equivalent thereof) to more than one tribal member;
       ``(2) the owner of an interest in trust or restricted land 
     within the reservation may devise an interest (including a 
     life estate under section 4) in such land that is less than 
     two and one half acres (or the equivalent thereof) to more 
     than one tribal member if each additional tribal member 
     already holds an interest to such land; and
       ``(3) any interest in trust or restricted land within the 
     reservation that is less than two and one half acres (or the 
     equivalent thereof) that--
       ``(A) would otherwise pass by intestate succession 
     (including a life estate in such land under section 4); or
       ``(B) is devised to more than one tribal member that is not 
     described in paragraph (2);
     shall escheat to the tribe, to be held in the name of the 
     United States in trust for the tribe.
       ``(b) Not later than 180 days after the date of enactment 
     of the Indian Probate Reform Act of 2002, the Secretary shall 
     provide notice to owners of trust or restricted lands within 
     the Lake Traverse Reservation of the enactment of this 
     section by direct mail, publication in the Federal Register, 
     or through local newspapers. After providing such notice, the 
     Secretary shall certify that the requirements of this 
     subsection have been met and shall publish notice of such 
     certification in the Federal Register.

[[Page S11766]]

       ``(c) The provisions of this section shall not be 
     enforceable with respect to the estate of any person who dies 
     prior to the day that is 365 days after the Secretary makes 
     the required certification under subsection (b).''.

            Subtitle C--Settlement of Certain Foreign Claims

     SEC. 10301. SETTLEMENT OF CERTAIN CLAIMS.

       (a) Authorization for Payment.--Subject to subsection (b), 
     the Secretary of the Treasury shall pay to the Pottawatomi 
     Nation in Canada, notwithstanding any other provision of law, 
     $1,830,000 from amounts appropriated under section 1304 of 
     title 31, United States Code.
       (b) Payment in Accordance With Stipulation for 
     Recommendation of Settlement.--The payment appropriated under 
     subsection (a) shall be made in accordance with the terms and 
     conditions of the Stipulation for Recommendation of 
     Settlement dated May 22, 2000, entered into between the 
     Pottawatomi Nation in Canada and the United States (in this 
     subtitle referred to as the ``Stipulation for Recommendation 
     of Settlement'') and included in the report of the Chief 
     Judge of the United States Court of Federal Claims regarding 
     Congressional Reference No. 94-1037X submitted to the Senate 
     on January 4, 2001, pursuant to the provisions of sections 
     1492 and 2509 of title 28, United States Code.
       (c) Full Satisfaction of Claims.--The payment made under 
     subsection (a) shall be in full satisfaction of all claims of 
     the Pottawatomi Nation in Canada against the United States 
     referred to or described in the Stipulation for 
     Recommendation of Settlement.
       (d) Nonapplicability.--Notwithstanding any other provision 
     of law, the Indian Tribal Judgment Funds Use or Distribution 
     Act (25 U.S.C. 1401 et seq.) shall not apply to the payment 
     appropriated under subsection (a).

              Subtitle D--Certification of Rental Proceeds

     SEC. 10401. 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.

                     Subtitle E--Tribal Sovereignty

     SEC. 10601. TRIBAL SOVEREIGNTY.

       Section 16 of the Act of June 18, 1934 (25 U.S.C. 476), is 
     amended by adding at the end the following:
       ``(h) Tribal Sovereignty.--Notwithstanding any other 
     provision of this Act--
       ``(1) each Indian tribe shall retain inherent sovereign 
     power to adopt governing documents under procedures other 
     than those specified in this section; and
       ``(2) nothing in this Act invalidates any constitution or 
     other governing document adopted by an Indian tribe after 
     June 18, 1934, in accordance with the authority described in 
     paragraph (1).''.
                                 ______
                                 
  SA 4982. Mr. REID (for Mr. Kerry (for himself and Mr. Hollings)) 
proposed an amendment to the bill H.R. 1989. To reauthorize various 
fishing conservation management programs, and for other purposes; as 
follows:

       At the appropriate place, add the following:

     SEC.   . AUTHORITY TO ACCEPT VOLUNTEER SERVICES.

       Section 303 (33 U.S.C. 892a), is amended by adding at the 
     end the following:
       ``(d) Authority to Accept Volunteer Services.--To help 
     fulfill the duties of the Administrator, including 
     authorities under the Act of 1947 (33 U.S.C. 883a et seq.), 
     this Act, or in response to a maritime emergency, the 
     Administrator may--
       ``(1) establish a volunteer program;
       ``(2) enter into special agreements with qualified 
     organizations to assist in the implementation of a volunteer 
     program; and
       ``(3) provide funding under the special agreement to the 
     qualified organization for the purposes of assisting in the 
     administration of the volunteer programs and for procuring 
     and maintaining insurance or other coverage for the 
     organization and its members when conducting volunteer 
     activities.
       ``(e) Legal Status of Volunteers.--Paragraphs (1) through 
     (5) of section 7(c) of the Fish and Wildlife Act of 1956 (16 
     U.S.C. 742f(c)) shall apply to volunteers providing services 
     to the Administrator under subsection (c) of this section, 
     except that any reference in that section to the Secretary of 
     the Interior or the Secretary of Commerce shall be deemed to 
     refer to the Administrator.
       ``(f) Qualified Organization.--In this section, the term 
     `qualified organization' means a non-governmental, not-for-
     profit organization, determined by the Administrator to have 
     demonstrated expertise in boating safety and a commitment to 
     improving the quality of hydrographic services and related 
     oceanographic and meteorological information that is made 
     available to mariners.''.
                                 ______
                                 
  SA 4983. Mr. REID (for Mr. Kerry) proposed an amendment to the bill 
H.R. 1989, to reauthorize various fishing conservation management 
programs, and for other purposes: as follows:

       At the end of the bill, add the following:

              TITLE VI--MISCELLANEOUS FISHERIES PROVISIONS

     SEC. 601. REPORT ON OVERCAPACITY.

       (a) In General.--The Secretary of Commerce shall, within 12 
     months after the date of enactment of his Act, and 
     triennially thereafter, submit to the Congress a report--
       (1) identifying and describing the 20 fisheries in United 
     States waters with the most severe examples of excess 
     harvesting capacity in the fisheries, based on value of each 
     fishery and the amount of excess harvesting capacity as 
     determined by the Secretary;
       (2) in any such fisheries subject to a rebuilding program, 
     identifying and describing the current capacity relative to 
     the capacity that can be supported by the fishery: once the 
     fishery is rebuilt;
       (3) recommending measures for reducing excess harvesting 
     capacity, including the retirement of any latent fishing 
     permits that could contribute to further excess harvesting 
     capacity in those fisheries; and
       (4) identifying potential sources of funding for such 
     measures.
       (b) Basis for Recommendations.--The Secretary shall base 
     the recommendations under subsection (a)(3) made with respect 
     to a fishery on--
       (1) the most cost-effective means of achieving voluntary 
     reduction in capacity for the fishery using the potential for 
     industry financing; and
       (2) including measures to prevent the capacity that is 
     being removed from the fishery from moving to other fisheries 
     in the United States, in the waters of a foreign nation, or 
     on the high seas.

     SEC. 602. WEST COAST GROUNDFISH FISHERY CAPACITY REDUCTION.

       (a) In General.--
       (1) Purpose of section.--The purpose of this section is to 
     establish a fishing capacity reduction program for the West 
     Coast ground-fish fishery pursuant to section 212 of the 2002 
     Supplemental Appropriations Act for Further Recovery from and 
     Response to Terrorist Attacks on the United States, and 
     subsections (b) through (e) of section 312 of the Magnuson-
     Stevens Act (16 U.S.C. 1861a (b) through (e)).
       (2) Program implementation.--Within 90 days after the date 
     of enactment of this Act, the Secretary shall implement the 
     program by publishing a public notice in the Federal Register 
     and issuing an invitation to bid for reduction payments that 
     specifies the contractual terms and conditions under which 
     bids shall be made and accepted under this section.
       (3) Application of magnuson-stevens act; regulations.--
     Section 312 of the Magnuson-Stevens Act (16 U.S.C. 1861a), 
     and subpart L of part 600 of title 50, Code of Federal 
     Regulations, shall apply to the program implemented under 
     this section only to the extent that--
       (A) that section and that subpart are not inconsistent with 
     any specific provision of this section; or
       (B) made inapplicable to the program under paragraph (3) of 
     this section.
       (4) Inapplicable regulations.--Sections 600.1001, 600.1002, 
     600.1003, 600.1005, 600.1010(b), 600.1010(d)(1), 600.1011(d), 
     the last sentence of section 600.1011(a), and the last 
     sentence of section 600.1014(f) of title 50, Code of Federal 
     Regulations, shall not apply to the program implemented under 
     this section.
       (5) Program deemed accepted.--The program implemented under 
     this section is deemed to be accepted under section 600.1004 
     of title 50, Code of Federal Regulations.
       (b) Eligibility.--
       (1) In general.--A reduction fishery is eligible for 
     capacity reduction under the program implemented under this 
     section.
       (2) Whiting catcher-processor exception.--Notwithstanding 
     paragraph (1), no vessel harvesting and processing whiting in 
     the catcher-processors sector (as defined in section 
     660.323(a)(4)(A) of title 50, Code of Federal Regulations) 
     may participate in any capacity reduction referendum or 
     industry fee established under this section.
       (c) Application of Section 312 of Magnuson-Stevens Act.--
     Subsections (b) through (e) of section 312 of the Magnuson-
     Stevens Act (16 U.S.C. 1861a) shall apply to the program 
     implemented under this section, except that:
       (1) The program may apply to multiple fisheries, as 
     appropriate.
       (2) A referendum on the industry fee system shall occur 
     after bids have been submitted, and such bids have been 
     accepted by the Secretary, as follows:
       (A) The members of the reduction fishery, and persons who 
     have been issued WA, OR, or CA Dungeness Crab and Pink Shrimp 
     permits, shall be eligible to vote in the referendum to 
     approve an industry fee system.
       (B) Referendum votes cast in each fishery shall be weighted 
     in proportion to the debt obligation of each fishery, as 
     calculated in subsection (f) of this section.
       (C) The industry fee system shall be approved if the 
     referendum votes cast in favor of the proposed system 
     constitute a simple majority of the participating voting.
       (3) Notwithstanding section 553 of title 5, United States 
     Code, and section 312(e) of the Magnuson-Stevens Act (16 
     U.S.C. 1861a(e)), the Secretary shall not prepare or publish 
     proposed or final regulations for the implementation of the 
     program under this section before the referendum is 
     conducted.
       (d) No Interference With Other Proposed Program Changes or 
     Subsequent Regulations.--Nothing in this section shall be 
     construed to prohibit--

[[Page S11767]]

       (1) the Pacific Fishery Management Council from 
     recommending, or the Secretary from approving, changes to any 
     fishery management plan, in accordance with applicable law; 
     or
       (2) the Secretary from promulgating regulations (including 
     regulations governing this program), after an industry fee 
     system has been approved by the reduction fishery.
       (e) Bids and Bid Acceptance.--
       (1) In general.--The Secretary shall determine, and state 
     in the public notice published under subsection (a)(2) of 
     this section, all program implementation aspects the 
     Secretary deems relevant.
       (2) Bids are irrevocable.--Any bid submitted in response to 
     the invitation to bid issued by the Secretary under this 
     section shall be irrevocable.
       (3) Bid acceptance procedure.--The Secretary shall use a 
     bid acceptance procedure that ranks each bid in accordance 
     with this paragraph and with additional criteria, if any, 
     established by the Secretary.
       (A) Bid score.--For each bid from a qualified bidder that 
     meets the bidding requirements in the public notice or the 
     invitation to bid, the Secretary shall determine a bid score 
     by dividing the bid's dollar amount by the average annual 
     total ex-vessel dollar value of landings of Pacific 
     groundfish, Dungeness crab, and Pink Shrimp based on the 3 
     highest total annual revenues earned from Pacific groundfish, 
     Dungeness crab, and Pink Shrimp that the bidder's reduction 
     vessel landed during 1998, 1999, 2000, or 2001. For purposes 
     of this subparagraph, the term ``total annual revenue'' means 
     the revenue earned in a single year from the Pacific 
     groundfish, Dungeness crab, and Pink shrimp fisheries.
       (B) Bid ranking and acceptance.--The Secretary shall accept 
     each qualified bid in rank order of bid score from the lowest 
     to the highest until acceptance of the next qualified bid 
     with the next lowest bid score would cause the reduction cost 
     to exceed the reduction loan's maximum amount.
       (4) Acceptance creates contract.--Acceptance of bid by the 
     Secretary shall create a binding reduction contract between 
     the United States and the person whose bid is accepted, the 
     performance of which shall be subject only to the conclusion 
     of a successful referendum.
       (5) Relinquishment and revocation of permits.--A person 
     whose bid is accepted by the Secretary under this section 
     shall relinquish all permits in the reduction fishery and any 
     Dungeness crab and Pink shrimp permits issued by Washington, 
     Oregon, or California. The Secretary shall revoke the Pacific 
     groundfish permit, as well as all Federal fishery licenses, 
     fishery permits, area, and species endorsements, and any 
     other fishery privileges issued to a vessel or vessels (or to 
     persons on the basis of their operation or ownership of that 
     vessel or vessels) removed under the program.
       (f) Program Industry Fee System Allocation.--
       (1) In general.--The Secretary shall establish separate 
     reduction loan sub-amounts and repayment fees for fish 
     sellers in the reduction fishery and for fish sellers in each 
     of the fee-share fisheries by--
       (A) dividing the total ex-vessel dollar value during the 
     bid scoring period of all reduction vessel landings from the 
     reduction fishery and from each of the fee-share fisheries by 
     the total such value of all such landings for all such 
     fisheries; and
       (B) multiplying the reduction loan amount by each of the 
     quotients resulting from each of the divisions above.
       (2) Reduction loan sub-amount.--Each of the resulting 
     products shall be the reduction loan sub-amount for the 
     reduction fishery and for each of the fee-share fisheries to 
     which each of such products pertains.
       (3) Seller payments.--Each fish seller in the reduction 
     fishery and in each of the fee-share fisheries shall pay the 
     fees required by the reduction loan-sub-amounts allocated to 
     it under this subsection.
       (4) State collection agreements.--The Secretary may enter 
     into agreements with the States of Washington, Oregon, and 
     California to collect any fees established under the section.
       (g) Loan Term.--Notwithstanding section 1111(b) of the 
     Merchant Marine Act, 1936 (46 U.S.C. App. 1279(b)(4)), the 
     reduction loan's term shall not be less than 30 years.
       (h)  Sense of the Congress Regarding Additional Post-
     Reduction Program Actions.--It is the sense of the Congress 
     that the States of Washington, Oregon, and California should 
     revoke all relinquishment permits in each of the fee-share 
     fisheries immediately after reduction payment, and otherwise 
     to implement appropriate State fisheries management and 
     conservation provisions in each of the fee-share fisheries 
     that establishes a program that meets the requirements of 
     section 312(b(1)(B) of the Magnuson-Stevens Act (16 U.S.C. 
     1861a(b)(1)(B)) as if it were applicable to fee-share 
     fisheries.
       (i) Definitions.--In this section:
       (1) Fee-share fishery.--The term ``fee-share fishery'' 
     means a fishery, other than the reduction fishery, whose 
     members are eligible to vote in a referendum for an industry 
     fee system under subsection (c)(2).
       (2) Reduction fishery.--The term ``reduction fishery'' 
     means that portion of a fishery holding limited entry fishing 
     permits endorsed for the operation of a trawl gear and issued 
     under the Federal Pacific Coast Groundfish Fishery Management 
     Plan.
       (3) Magnuson-stevens act.--The term ``Magnuson-Stevens 
     Act'' means the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.

     SEC. 603. NEW ENGLAND GROUNDFISH CAPACITY REDUCTION PLANNING.

       The Secretary of Commerce, in consultation with the New 
     England Regional Fishery Management Council, shall provide 
     technical, planning, and other assistance requested by 
     Northeast multispecies fishery participants, affected States 
     and fishing communities, or other interested parties for the 
     development of an industry-funded capacity reduction plan for 
     the fishery (such as that authorized by section 211 of the 
     2002 Supplemental Appropriations Act for Further Recovery 
     from and Response to Terrorist Attacks on the United States), 
     including planning for fisheries community transition to 
     sustainable fisheries. The Secretary may provide technical 
     and other assistance under the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.), 
     the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et 
     seq.), the National Sea Grant College Program Act (33 
     U.S.C. 1121 et seq.), or other applicable law implemented 
     by the Secretary, and may include--
       (1) quantification of overcapacity in the rebuilt fishery;
       (2) development of geographic and spatial information and 
     analyses for planning and projections;
       (3) provision of socio-economic or fishery data;
       (4) analyses of socio-economic effects of capacity 
     reduction options;
       (5) public workshop planning and support or other 
     mechanisms for public input;
       (6) small business financial planning and advice; and
       (7) identification of Federal assistance programs.

     SEC. 604. CLARIFICATION OF FLEXIBILITY.

       (a) In General.--The Secretary of Commerce has the 
     discretion under the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1851 et seq.) to extend the 
     time for rebuilding an overfished stock beyond the time 
     previously established by the Secretary in a fishery 
     management plan in order to meet substantially increased 
     biomass rebuilding targets subsequently established for the 
     fishery by the Secretary based on the best scientific 
     information available, if--
       (1) the extension will apply only to those stocks for which 
     the new biomass targets substantially exceed the targets 
     previously established by 100 percent or more;
       (2) the biomass rebuilding target previously applicable to 
     such stock will be met or exceeded within the time for 
     rebuilding previously established by the Secretary;
       (3) the extension period is based on the biology of the 
     stock, the rate of rebuilding, and the increase in the 
     biomass rebuilding target, and is as short as possible;
       (4) monitoring will ensure rebuilding continues;
       (5) the extension meets the requirements of section 
     301(a)(1) of that Act (16 U.S.C. 1851(a)(1)); and
       (6) the best scientific information available shows that 
     the extension will allow continued rebuilding.
       (b) Authority.--Nothing in this section shall be construed 
     to amend the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1851 et seq.) or to limit or 
     otherwise alter the authority of the Secretary under that 
     Act.

     SEC. 605. REVIEW OF DATA COLLECTION AND ASSESSMENT METHODS.

       The Secretary of Commerce shall, commencing 60 days after 
     the date of enactment of this Act and annually every 7 years 
     thereafter, conduct an independent peer review of fishery 
     management methods under this title, including evaluation and 
     recommendations for--
       (1) survey sampling methods and protocols (including 
     inspection, calibration, and maintenance of sampling gear) 
     used in the collection of fishery and fishery-independent 
     data by or for the agency;
       (2) stock assessment procedures (including methods for 
     detecting and treating measurement error);
       (3) risk assessment and management strategies;
       (4) data collection quality control and validation methods; 
     and
       (5) an evaluation of the need to develop new assessment, 
     survey, and collection techniques designed to accommodate 
     incomplete or variable data or to evaluate or forecast 
     effects of environmental fluctuations on fisheries.

     SEC. 606. COOPERATIVE ENFORCEMENT AGREEMENTS.

       (a) In General.--The Governor of a State (as defined in 
     section 3(35) of the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1802(35)) may apply to the 
     Secretary of Commerce for execution of a cooperative 
     enforcement agreement with the Secretary that will authorize 
     the deputization of State law enforcement officers with 
     marine law enforcement responsibilities to perform duties of 
     the Secretary relating to law enforcement provisions under 
     this title or any other marine resource laws enforced by the 
     Secretary. Upon receiving an application meeting the 
     requirements of this section, the Secretary shall enter into 
     a joint enforcement agreement with the requesting State.
       (b) Requirements.--Joint enforcement agreements executed 
     under subsection (a)--

[[Page S11768]]

       (1) shall be consistent with the purposes and intent of 
     section 311(a) of the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1861(a)), to the extent 
     applicable to the regulated activities; and
       (2) may include specifications for joint management 
     responsibilities as provided by the first section of Public 
     Law 91-412 (15 U.S.C. 1525).
       (c) Allocations of Funds.--The Secretary shall include in 
     each cooperative enforcement agreement an allocation of funds 
     to assist in management of the agreement. The allocation 
     shall be equitably distributed among all States participating 
     in cooperative enforcement agreement under this subsection, 
     based upon consideration of the specific marine conservation 
     enforcement needs of each participating State. Such agreement 
     may provide for amounts to be withheld by the Secretary for 
     the cost of any technical or other assistance provided by the 
     State by the Secretary under the agreement.

     SEC. 607. FISHERIES OUTREACH AND TRAINING.

       The Secretary of Commerce shall establish a regional 
     fisheries outreach program within the National Marine 
     Fisheries Service to foster understanding and practical use 
     of knowledge and technical expertise relevant to living 
     marine resources. In establishing the program, the Secretary 
     shall, in cooperation with the National Sea Grant College 
     Program and the Regional Fishery Management Councils 
     established under title III of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1851 et seq.), 
     develop a comprehensive effort to improve communication, 
     education, and outreach to fishing communities, the fishing 
     industry, the conservation community and interested members 
     of the public at the regional, State, and local levels. The 
     program shall--
       (1) establish a program of demonstrations, workshops, 
     townhall and industry and other non-scientific meetings for 
     public understanding of National Marine Fisheries Service 
     research, technology, or other information relating the 
     conservation and management of fishery and other living 
     marine resources;
       (2) establish outreach programs and procedures designed to 
     improve the transparency and accessibility of fishery stock 
     assessments to the public, including dissemination of 
     explanatory materials through the Internet;
       (3) provide periodic training of members, staff, and 
     advisory committee members of the Regional Fishery Management 
     Councils established under that title, on implementation of 
     the National Standards established under title III of the 
     Magnuson Stevens Fisheries Conservation and Management Act 
     (16 U.S.C. 1851 et seq.), the requirements of National 
     Environmental Policy Act and chapter 6 of title 5, United 
     States Code, and any other law applicable to the development 
     of fishery management plans;
       (4) identify, with the fishing industry, methods of 
     improving collection, quality, and reporting of fishery 
     dependent data;
       (5) study the response of the regulated industry to fishery 
     management regulations and develop management approaches that 
     consider such behavior;
       (6) foster communications and technology-transfer programs 
     among regions to improve fish conservation and management;
       (7) establish means of communicating information to the 
     general public in an accessible and understandable form 
     (including web-based communications); and
       (8) develop partnerships with other agencies, academic 
     institutions, and other entities to meet the purposes of this 
     section.

     SEC. 608. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.

       (a) In General.--The Secretary of Commerce, in consultation 
     with the Regional Fishery Management Councils established 
     under title III of the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1851 et seq.), shall establish 
     a national cooperative research and management program to 
     address needs identified under the Magnuson Stevens Fisheries 
     Conservation and Management Act and under any other marine 
     resource laws enforced by the Secretary. The program shall 
     make funds available for cooperative research and management 
     activities that are developed through partnerships among 
     Federal and State managers and scientists, fishing industry 
     participating, and educational institutions.
       (b) Eligible Projects.--The Secretary shall make funds 
     available under the program for the support of projects to 
     address critical needs identified by the Secretary in 
     consultation with the Regional Fisheries Management Councils 
     established under such title, that pertain to the collection 
     and analysis of data and information on living marine 
     resources, including data on landings, fishing effort, life 
     history parameters, biology, habitat, economics and social 
     sciences, including those information needs identified 
     pursuant to section 401 of that Act (16 U.S.C. 1881) or the 
     development of measures to promote innovative of cooperative 
     management of fisheries, including development of innovative 
     gear, methods, and technology. Such program shall promote and 
     encourage efforts to mine and recover useful sources of data 
     maintained by other Federal agencies, State agencies, or 
     academic for use in such projects. In making funds available 
     the Secretary shall give priority to the following projects.
       (1) Projects to collect data to improve, supplement, or 
     enhance stock assessments, including through the use of 
     fishing vessels or acoustic or other innovative marine 
     technology.
       (2) Projects to improve calibration and accuracy of data 
     collection gear and methods.
       (3) Conservation engineering projects designed to reduce 
     bycatch, minimize mortality of bycatch, or minimize fishery 
     impacts on essential fish habitat.
       (4) Projects to assess the amount and type of bycatch 
     occurring in a fishery.
       (5) Projects for the identification, conservation, or 
     restoration of habitat areas of particular concern.
       (6) Projects designed to identify ecosystem effects of 
     fishing, to monitor marine ecosystem trends and dynamics, or 
     to link climate forecasts to stock assessments or otherwise 
     explore ecosystem-based approaches to governance.
       (7) Projects designed to collect and compile economic and 
     social data, including data to evaluate the long-term impact 
     of conservation and management measures on fishing 
     communities and data to evaluate economic motivation of 
     harvesters.
       (c) Selection of Projects.--Each research project shall be 
     awarded by the Secretary on a competitive basis under 
     procedures established by the Secretary in consultation with 
     the Regional Fisheries Management Councils established under 
     title III of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1851 et seq.). To the extent 
     practicable, the projects selected should collectively 
     conform to a coherent program of research leading to solving 
     priority programs. Each Regional Fisheries Management Council 
     established under that title shall establish a research 
     steering committee to carry out this section.
       (d) Experimental Permitting Process.--The Secretary, in 
     consultation with the Regional Fisheries Management Councils 
     established under title III of that Act shall establish an 
     expedited permitting process for projects approved under this 
     section.
       (e) Guidelines.--The Secretary, in consultation with the 
     appropriate Regional Fisheries Management Council established 
     under title III of that Act, shall establish guidelines to 
     ensure that participation in a research project funded under 
     this section does not result in loss of participant's catch 
     history or unexpended days-at-sea as part of a limited entry 
     system.

     SEC. 609. COOPERATIVE MARINE EDUCATION AND RESEARCH.

       For the purpose of developing adequate, coordinated, 
     cooperative research and training programs for living marine 
     resources, the Secretary of Commerce may establish a 
     Cooperative Marine Education and Research Program. Under this 
     program the Secretary is authorized to enter into cooperative 
     agreements with universities and institutions of higher 
     learning in order to conduct basic research in areas that 
     support conservation and management of living marine 
     resources. Research conducted under this program may include 
     conservation engineering, research and development (including 
     development of fishing gear and methods to reduce bycatch and 
     habitat impacts) and biological research concerning the 
     abundance and life history parameters of stocks of fish, the 
     interdependence of fisheries or stocks of fish and other 
     ecosystem components, and the linkages between fish habitat 
     and fish production or abundance.

     SEC. 610. GULF OF MEXICO FISHING QUOTA SYSTEMS.

       Section 407 of the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1883) is amended--
       (1) in subsection (c) by inserting at the end the 
     following:
       ``(3) The initial referendum described in paragraph (1) 
     shall be used to determine support for whether the sale, 
     transfer, or lease of quota shares shall be allowed.''.
       (2) by inserting at the end the following:
       ``(e) In order to facilitate balanced and fair 
     apportionment of fishing interests, a Governor of a State 
     submitting names of individuals for appointment by the 
     Secretary of Commerce to the Gulf of Mexico Fisheries 
     Management Council under section 302(b)(2) of this Act during 
     Fiscal Years 2003-2004 shall include at least one nominee 
     each from the commercial fishing sector and the recreational 
     fishing sector (including the for-hire fishing sector). If 
     the Secretary determines that a submission from such a 
     Governor does not meet the requirements of subsection (a), 
     the Secretary shall--
       ``(1) for an at-large seat, select a nominee from a list 
     submitted by a State that complies with this subsection; and
       ``(2) for a seat assigned to that State, select no nominee 
     for that seat until the Governor complies with this 
     subsection.''.

     SEC. 611. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out the 
     provisions of this title--
       (1) for science review and outreach--
       (A) $10,000,000 for fiscal year 2003;
       (B) $11,000,000 for fiscal year 2004;
       (C) $12,000,000 for fiscal year 2005;
       (D) $13,000,000 for fiscal year 2006; and
       (E) $14,000,000 for fiscal year 2007;
       (2) for cooperative enforcement--
       (A) $27,000,000 for fiscal year 2003;
       (B) $29,000,000 for fiscal year 2004;
       (C) $31,000,000 for fiscal year 2005;
       (D) $33,000,000 for fiscal year 2006; and
       (E) $35,000,000 for fiscal year 2007; and
       (3) for cooperative research--
       (A) $30,000,000 for fiscal year 2003;
       (B) $35,000,000 for fiscal year 2004;
       (C) $40,000,000 for fiscal year 2005;
       (D) $45,000,000 for fiscal year 2006; and
       (E) $50,000,000 for fiscal year 2007.

                        TITLE VII--MISCELLANEOUS

     SEC. 701. CHESAPEAKE BAY OFFICE.

       (a) Reauthorization of Office.--Section 307 of the National 
     Oceanic and Atmospheric

[[Page S11769]]

     Administration Authorization Act of 1992 (15 U.S.C. 1511d) is 
     amended to read as follows:

     ``SEC. 307. CHESAPEAKE BAY OFFICE.

       ``(a) Establishment.--(1) The Secretary of Commerce shall 
     establish, within the National Oceanic and Atmospheric 
     Administration, an office to be known as the Chesapeake Bay 
     Office (in this section referred to as the `Office').
       ``(2) The Office shall be headed by a Director who shall be 
     appointed by the Secretary of Commerce, in consultation with 
     the Chesapeake Executive Council. Any individual appointed as 
     Director shall have knowledge and experience in research or 
     resource management efforts in the Chesapeake Bay.
       ``(3) The Director may appoint such additional personnel 
     for the Office as the Director determines necessary to carry 
     out this section.
       ``(b) Functions.--The Office, in consultation with the 
     Chesapeake Executive Council, shall--
       ``(1) provide technical assistance to the Administrator, to 
     other Federal departments and agencies, and to State and 
     local government agencies in--
       ``(A) assessing the processes that shape the Chesapeake Bay 
     system and affect its living resources;
       ``(B) identifying technical and management alternatives for 
     the restoration and protection of living resources and the 
     habitats they depend upon; and
       ``(C) monitoring the implementation and effectiveness of 
     management plans;
       ``(2) develop and implement a strategy for the National 
     Oceanic and Atmospheric Administration that integrates the 
     science, research, monitoring, data collection, regulatory, 
     and management responsibilities of the Secretary of Commerce 
     in such a manner as to assist the cooperative, 
     intergovernmental Chesapeake Bay Program to meet the 
     commitments of the Chesapeake Bay Agreement;
       ``(3) coordinate the programs and activities of the various 
     organizations within the National Oceanic and Atmospheric 
     Administration, the Chesapeake Bay Regional Sea Grant 
     Programs, and the Chesapeake Bay units of the National 
     Estuarine Research Reserve System, including--
       ``(A) programs and activities in--
       ``(i) coastal and estuarine research, monitoring, and 
     assessment;
       ``(ii) fisheries research and stock assessments;
       ``(iii) data management;
       ``(iv) remote sensing;
       ``(v) coastal management;
       ``(vi) habitat conservation and restoration; and
       ``(vii) atmospheric deposition; and
       ``(B) programs and activities of the Cooperative Oxford 
     Laboratory of the National Ocean Service with respect to--
       ``(i) nonindigenous species;
       ``(ii) estuarine and marine species pathology;
       ``(iii) human pathogens in estuarine and marine 
     environments; and
       ``(iv) ecosystem health;
       ``(4) coordinate the activities of the National Oceanic and 
     Atmospheric Administration with the activities of the 
     Environmental Protection Agency and other Federal, State, and 
     local agencies;
       ``(5) establish an effective mechanism which shall ensure 
     that projects have undergone appropriate peer review and 
     provide other appropriate means to determine that projects 
     have acceptable scientific and technical merit for the 
     purpose of achieving maximum utilization of available funds 
     and resources to benefit the Chesapeake Bay area;
       ``(6) remain cognizant of ongoing research, monitoring, and 
     management projects and assist in the dissemination of the 
     results and findings of those projects; and
       ``(7) submit a biennial report to the Congress and the 
     Secretary of Commerce with respect to the activities of the 
     Office and on the progress made in protecting and restoring 
     the living resources and habitat of the Chesapeake Bay, which 
     report shall include an action plan consisting of--
       ``(A) a list of recommended research, monitoring, and data 
     collection activities necessary to continue implementation of 
     the strategy described in paragraph (2); and
       ``(B) proposals for--
       ``(i) continuing any new National Oceanic and Atmospheric 
     Administration activities in the Chesapeake Bay; and
       ``(ii) the integration of those activities with the 
     activities of the partners in the Chesapeake Bay Program to 
     meet the commitments of the Chesapeake 2000 agreement and 
     subsequent agreements.
       ``(c) Chesapeake Bay Fishery and Habitat Restoration Small 
     Watershed Grants Program.--
       ``(1) In general.--The Director of the Chesapeake Bay 
     Office of the National Oceanic and Atmospheric Administration 
     (in this section referred to as the `Director'), in 
     cooperation with the Chesapeake Executive Council, shall 
     carry out a community-based fishery and habitat restoration 
     small grants and technical assistance program in the 
     Chesapeake Bay watershed.
       ``(2) Projects.--
       ``(A) Support.--The Director shall make grants under this 
     subsection to pay the Federal share of the cost of projects 
     that are carried out by entities eligible under paragraph (3) 
     for the restoration of fisheries and habitats in the 
     Chesapeake Bay.
       ``(B) Federal share.--The Federal share under subparagraph 
     (A) shall not exceed 75 percent.
       ``(C) Types of projects.--Projects for which grants may be 
     made under this subsection include--
       ``(i) the improvement of fish passageways;
       ``(ii) the creation of natural or artificial reefs or 
     substrata for habitats;
       ``(iii) the restoration of wetland or sea grass;
       ``(iv) the production of oysters for restoration projects; 
     and
       ``(v) the prevention, identification, and control of 
     nonindigenous species.
       ``(3) Eligible entities.--The following entities are 
     eligible to receive grants under this subsection:
       ``(A) The government of a political subdivision of a State 
     in the Chesapeake Bay watershed, and the government of the 
     District of Columbia.
       ``(B) An organization in the Chesapeake Bay watershed (such 
     as an educational institution or a community organization)--
       ``(i) that is described in section 501(c) of the Internal 
     Revenue Code of 1986 and is exempt from taxation under 
     section 501(a) of that Code; and
       ``(ii) that will administer such grants in coordination 
     with a government referred to in subparagraph (A).
       ``(4) Additional requirements.--The Director may prescribe 
     any additional requirements, including procedures, that the 
     Director considers necessary to carry out the program under 
     this subsection.
       ``(d) Chesapeake Executive Council.--For purposes of this 
     section, `Chesapeake Executive Council' means the 
     representatives from the Commonwealth of Virginia, the State 
     of Maryland, the Commonwealth of Pennsylvania, the 
     Environmental Protection Agency, the District of Columbia, 
     and the Chesapeake Bay Commission, who are signatories to the 
     Chesapeake Bay Agreement, and any future signatories to that 
     Agreement.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of Commerce for the 
     Chesapeake Bay Office $6,000,000 for each of fiscal years 
     2002 through 2006.''.
       (b) Conforming Amendment.--Section 2 of the National 
     Oceanic and Atmospheric Administration Marine Fisheries 
     Program Authorization Act (Public Law 98-210; 97 Stat. 1409) 
     is amended by striking subsection (e).
       (c) Multiple Species Management Strategy.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Chesapeake Bay 
     Office of the National Oceanic and Atmospheric Administration 
     shall begin a 5-year study, in cooperation with the 
     scientific community of the Chesapeake Bay, appropriate State 
     and interstate resource management entities, and appropriate 
     Federal agencies--
       (A) to determine and expand the understanding of the role 
     and response of living resources in the Chesapeake Bay 
     ecosystem; and
       (B) to develop a multiple species management strategy for 
     the Chesapeake Bay.
       (2) Required elements of study.--In order to improve the 
     understanding necessary for the development of the strategy 
     under paragraph (1)(B), the study shall--
       (A) determine the current status and trends of fish and 
     shellfish that live in the Chesapeake Bay and its tributaries 
     and are selected for study;
       (B) evaluate and assess interactions among the fish and 
     shellfish referred to in subparagraph (A) and other living 
     resources, with particular attention to the impact of changes 
     within and among trophic levels; and
       (C) recommend management actions to optimize the return of 
     a healthy and balanced ecosystem for the Chesapeake Bay.

     SEC. 702. CONVEYANCE OF NOAA LABORATORY IN TIBURON, 
                   CALIFORNIA.

       (a) In General.--Except as provided in subsection (c), the 
     Secretary of Commerce may convey to the Board of Trustees of 
     the California State University, by suitable instrument, in 
     accordance with this section, by as soon as practicable, but 
     not later than 180 days after the date of the enactment of 
     this Act, and without consideration, all right, title, and 
     interest of the United States in the balance of the National 
     Oceanic and Atmosphere Administration property known as the 
     Tiburon Laboratory, located in Tiburon, California, as 
     described in Exhibit A of the notarized, revocable license 
     between the Administration and Romberg Tiburon Center for 
     Environmental Studies at San Francisco State University dated 
     November 5, 2001 (license number 01ABF779-N).
       (b) Conditions.--As a condition of any conveyance by the 
     Secretary under this section the Secretary may require the 
     following:
       (1) The property conveyed shall be administered by the 
     Romberg Tiburon Center for Environmental Studies at San 
     Francisco State University and used only for the following 
     purposes:
       (A) To enhance estuarine scientific research and estuary 
     restoration activities within San Francisco Bay.
       (B) To administer and coordinate management activities at 
     the San Francisco Bay National Estuarine Research Reserve.
       (C) To conduct education and interpretation and outreach 
     activities to enhance public awareness and appreciation of 
     estuary resources, and for other purposes.
       (2) The Board shall--
       (A) take title to the property as is;
       (B) assume full responsibility for all facility maintenance 
     and repair, security, fire

[[Page S11770]]

     prevention, utilities, signs, and grounds maintenance;
       (C) allow the Secretary to have all necessary ingress and 
     egress over the property of the Board to access Department of 
     Commerce building and related facilities, equipment, 
     improvements, modifications, and alterations; and
       (D) not erect or allow to be erected any structure or 
     structures or obstruction of whatever kind that interfere 
     with the access to or operation of property retained for the 
     United States under subsection (c)(1), unless prior written 
     consent has been provided by the Secretary to the Board.
       (c) Retained Interests.--The Secretary shall retain for the 
     United States--
       (1) all right, title, and interest in and to the portion of 
     the property referred to in subsection (a) comprising 
     Building 86, identified as Parcel C on Exhibit A of the 
     license referred to in subsection (a), including all 
     facilities, equipment, fixtures, improvements, modifications, 
     or alterations made by the Secretary;
       (2) rights-of-way and easements that are determined by the 
     Secretary to be reasonable and convenient to ensure all 
     necessary ingress, egress, utilities, drainage, and sewage 
     disposal for the property retained under paragraph (1), 
     including access to the existing boat launch ramp (or 
     equivalent) and parking that is suitable to the Secretary;
       (3) the exclusive right to install, maintain, repair, 
     replace, and remove its facilities, fixtures, and equipment 
     on the retained property, and to authorize other persons to 
     take any such action;
       (4) the right to grade, condition, and install drainage 
     facilities, and to seed soil on the retained property, if 
     necessary; and
       (5) the right to remove all obstructions from the retained 
     property that may constitute a hindrance to the establishment 
     and maintenance of the retained property.
       (d) Equivalent Alternative.--
       (1) In general.--At any time, either the Secretary or the 
     Board may request of each other to enter into negotiations 
     pursuant to which the Board may convey if appropriate to the 
     United States, in exchange for property conveyed by the 
     United States under subsection (a), another building that is 
     equivalent in function to the property, retained under 
     subsection (c) that is acceptable to the Secretary.
       (2) Location.--Property conveyed by the Board under this 
     subsection is not required to be located on the property 
     referred to in subsection (a).
       (3) Costs.--If the Secretary and the Board engage in a 
     property exchange under this subsection, all costs for 
     repair, removal, and moving of facilities, equipment, 
     fixtures, improvements, modifications, or alterations, 
     including power, control, and utilities, that are necessary 
     for the exchange--
       (A) shall be the responsibility of the Secretary, if the 
     action to seek an equivalent alternative was requested by the 
     Secretary in response to factors unrelated to the activities 
     of the Board or its operatives in the operation of its 
     facilities; or
       (B) shall be the responsibility of the Board, if the 
     Secretary's request for an equivalent alternative was in 
     response to changes or modifications made by the Board or its 
     operatives that adversely affected the Secretary's interest 
     in the property retained under subsection (c).
       (e) Additional Conditions.--As conditions of any conveyance 
     under subsection (a)--
       (1) the Secretary shall require that--
       (A) the Board remediate, or have remediated, at its sole 
     cost, all hazardous or toxic substance contamination found on 
     the property conveyed under subsection (a), whether known or 
     unknown at the time of the conveyance of later discovered; 
     and
       (B) the Board of Trustees hold harmless the Secretary for 
     any and all costs, liabilities, or claims by third parties 
     that arise out of any hazardous or toxic substance 
     contamination found on the property conveyed under subsection 
     (a) that are not directly attributable to the installation, 
     operation, or maintenance of the Secretary's facilities, 
     equipment, fixtures, improvements, modifications, or 
     alternations;
       (2) the Secretary shall remediate, at the sole cost of the 
     United States, all hazardous or toxic substance contamination 
     on the property retained under subsection (c) that is found 
     to have occurred as a direct result of the installation, 
     operation, or maintenance of the Secretary's facilities, 
     equipment, fixtures, improvements, modifications, or 
     alternations; and
       (3) if the Secretary decides to terminate future occupancy 
     and interest of the property retained under subsection (c), 
     the Secretary may--
       (A) provide written notice to the Board at least 60 days 
     prior to the scheduled date when the property will be 
     vacated;
       (B) remove facilities, equipment, fixtures, improvements, 
     modifications, or alternations and restore the property to as 
     good a condition as existed at the time the property was 
     retained under subsection (c), taking into account ordinary 
     wear and tear and exposure to natural elements or phenomena; 
     or
       (C) surrender all facilities, equipment, fixtures, 
     improvements, modifications, or alterations to the Board in 
     lieu of restoration, whereupon title shall vest in the Board 
     of Trustees, and whereby all obligations of restoration under 
     this subsection shall be waived, and all interests retained 
     under subsection (e) shall be revoked.
       (f) Reversionary Interest.--
       (1) In general.--All right, title, and interest in and to 
     all property and interests conveyed by the United States 
     under this section shall revert to the United States on the 
     date on which the Board uses any of the property for any 
     purpose other than the purposes described in subsection 
     (b)(1).
       (2) Administration of reverted property.--Any property that 
     reverts to the United States under this subsection shall be 
     under the administrative jurisdiction of the Administrator of 
     General Services.
       (3) Annual certification.--One year after the date of a 
     conveyance made pursuant to subsection (a), and annually 
     thereafter, the Board shall certify to the Administrator of 
     General Services or his or her designee that the Board and 
     its designees are in compliance with the conditions of 
     conveyance under subsections (b) and (e).
       (g) Definitions.--In this section:
       (1) Board.--The term ``Board'' means the Board of Trustees 
     of the California State University.
       (2) Center.--The term ``Center'' means the Romberg Tiburon 
     Center for Environmental Studies at San Francisco State 
     University.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.

     SEC. 1703. ARCTIC RESEARCH CENTER.

       (a) Establishment.--The Secretary of Commerce, in 
     consultation with the Secretaries of Energy and the Interior, 
     the Director of the National Science Foundation, and the 
     Administrator of the Environmental Protection Agency, shall 
     establish a joint research facility, to be known as the 
     Barrow Arctic Research Center, to support climate change and 
     other scientific research activities in the Arctic.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretaries of Commerce, Energy, 
     and the Interior, the Director of the National Science 
     Foundation, and the Administrator of the Environmental 
     Protection Agency, $35,000,000 for the planning, design, 
     construction, and support of the Borrow Arctic Research 
     Center.

     SEC. 704. EMERGENCY ASSISTANCE FOR SUBSISTENCE WHALE HUNTERS.

       Notwithstanding any provision of law, the use of a vessel 
     to tow a whale taken in a traditional subsistence whale hunt 
     permitted by Federal law and conducted in waters off the 
     coast of Alaska is authorized, if such towing is performed 
     upon a request for emergency assistance made by a subsistence 
     whale hunting organization formally recognized by an agency 
     of the United States Government, or made by a member of such 
     an organization, to prevent the loss of a whale.

     SEC. 705. INTERNATIONAL PACIFIC RESEARCH AND COOPERATION.

       The Secretary of Commerce, in cooperation with the 
     Administrator of the National Aeronautics and Space 
     Administration, shall conduct international research in the 
     Pacific region that will increase understanding of the nature 
     and predictability of climate variability in the Asia-Pacific 
     sector, including regional aspects of global environmental 
     change. Such research activities shall be conducted in 
     cooperation with other nations of the region. There are 
     authorized to be appropriated for purposes of this section 
     $3,500,000 to the National Oceanic and Atmospheric 
     Administration.

     SEC. 706. TREATY ON PACIFIC COAST ALBACORE TUNA.

       (a) Foreign Fishing Under Treaty; Implementation.--Section 
     201 of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1821) is amended by adding at the 
     end the following
       ``(j) Treaty on Pacific Coast Albacore Tuna Vessels.--
       ``(1) Notwithstanding subsection (a) and section 307(2)(B), 
     foreign fishing may be conducted pursuant to the Treaty 
     between the Government of the United States of America and 
     the Government of Canada on Pacific Coast Albacore Tuna 
     Vessels and Port Privileges, signed May 26, 1981, and any 
     amendments thereto.
       ``(2) The Secretary of Commerce may promulgate regulations 
     necessary to discharge Federal obligations under the Treaty 
     between the Government of the United States of America and 
     the Government of Canada on Pacific Coast Albacore Tuna 
     Vessels and Port Privileges, signed May 26, 1981, including 
     its Annexes and any amendments thereto. The proposed 
     rulemaking and public participation requirements of section 
     553 of title 5, United States Code, shall not apply to 
     collection of information or record-keeping requirements 
     established by regulations promulgated under this 
     subsection.''.
       (b) Technical Amendment.--Section 307(2)(B) of such Act (16 
     U.S.C. 1857(2)(B)) is amended by striking ``201(i),'' and 
     inserting ``201(i) and foreign fishing permitted under 
     section 201(j),''.
                                 ______
                                 
  SA 4984. Mr. REID (for Mr. Bingaman) proposed an amendment to the 
bill H.R. 1606, to amend section 507 of the Omnibus Parks and Public 
Lands Management Act of 1996 to authorize additional appropriations for 
historically black colleges and universities, to decrease the matching 
requirement related to such appropriations, and for such other 
purposes; as follows:

       On page 3, line 14, strike ``such sums as may be 
     necessary'' and insert ``a total of $10 million for fiscal 
     years 2003 and 2004.''




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