[Congressional Record Volume 148, Number 151 (Wednesday, November 20, 2002)]
[Senate]
[Pages S11773-S11783]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                INDIAN FINANCING AMENDMENTS ACT OF 2002

  Mr. REID. Mr. President, I ask the Chair lay before the Senate a 
message from the House of Representatives on the bill (S. 2017) to 
amend the Indian Financing Act of 1974 to improve the effectiveness of 
the Indian loan guarantee and insurance program.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 2017) entitled 
     ``An Act to amend the Indian Financing Act of 1974 to improve 
     the effectiveness of the Indian loan guarantee and insurance 
     program'', do pass with the following amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

                TITLE I--INDIAN FINANCING ACT AMENDMENTS

Sec. 101. Short title.
Sec. 102. Findings and purpose.
Sec. 103. Amendments to Indian Financing Act.

 TITLE II--YANKTON SIOUX AND SANTEE SIOUX TRIBES EQUITABLE COMPENSATION

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Definitions.
Sec. 204. Yankton Sioux Tribe Development Trust Fund.
Sec. 205. Santee Sioux Tribe Development Trust Fund.
Sec. 206. Tribal plans.
Sec. 207. Eligibility of tribe for certain programs and services.
Sec. 208. Statutory construction.
Sec. 209. Authorization of appropriations.
Sec. 210. Extinguishment of claims.

     TITLE III--OKLAHOMA NATIVE AMERICAN CULTURAL CENTER AND MUSEUM

Sec. 301. Oklahoma Native American Cultural Center and Museum.

[[Page S11774]]

     TITLE IV--TRANSMISSION OF POWER FROM INDIAN LANDS IN OKLAHOMA

Sec. 401. Transmission of power from Indian lands in Oklahoma.

                        TITLE V--PECHANGA TRIBE

Sec. 501. Land of Pechanga Band of Luiseno Mission Indians.

 TITLE VI--CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS SETTLEMENT 
                                  ACT

Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Purposes.
Sec. 604. Definitions.
Sec. 605. Settlement and claims; appropriations; allocation of funds.
Sec. 606. Tribal trust funds.
Sec. 607. Attorney fees.
Sec. 608. Release of other tribal claims and filing of claims.
Sec. 609. Effect on claims.

                       TITLE VII--SEMINOLE TRIBE

Sec. 701. Approval not required to validate certain land transactions.

      TITLE VIII--JICARILLA APACHE RESERVATION RURAL WATER SYSTEM

Sec. 801. Short title.
Sec. 802. Purposes.
Sec. 803. Definitions.
Sec. 804. Jicarilla Apache Reservation rural water system.
Sec. 805. General authority.
Sec. 806. Project requirements.
Sec. 807. Authorization of appropriations.
Sec. 808. Prohibition on use of funds for irrigation purposes.
Sec. 809. Water rights.

                TITLE IX--ROCKY BOY'S RURAL WATER SYSTEM

Sec. 901. Short title.
Sec. 902. Findings and purposes.
Sec. 903. Definitions.
Sec. 904. Rocky Boy's rural water system.
Sec. 905. Noncore system.
Sec. 906. Limitation on availability of construction funds.
Sec. 907. Connection charges.
Sec. 908. Authorization of contracts.
Sec. 909. Tiber Reservoir allocation to the tribe.
Sec. 910. Use of Pick-Sloan power.
Sec. 911. Water conservation plan.
Sec. 912. Water rights.
Sec. 913. Chippewa Cree Water System Operation, Maintenance, and 
              Replacement Trust Fund.
Sec. 914. Authorization of appropriations.

                         TITLE X--MISCELLANEOUS

Sec. 1001. Santee Sioux Tribe, Nebraska, water system study.
Sec. 1002. Yurok Tribe and Hopland Band included in long term leasing.

                TITLE I--INDIAN FINANCING ACT AMENDMENTS

     SEC. 101. SHORT TITLE.

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

     SEC. 102. 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 Act 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. 103. 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)--
       ``(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--YANKTON SIOUX AND SANTEE SIOUX TRIBES EQUITABLE COMPENSATION

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Yankton Sioux Tribe and 
     Santee Sioux Tribe Equitable Compensation Act''.

[[Page S11775]]

     SEC. 202. FINDINGS.

       Congress finds that--
       (1) by enacting the Act of December 22, 1944, commonly 
     known as the ``Flood Control Act of 1944'' (58 Stat. 887, 
     chapter 665; 33 U.S.C. 701-1 et seq.) Congress approved the 
     Pick-Sloan Missouri River Basin program (referred to in this 
     section as the ``Pick-Sloan program'')--
       (A) to promote the general economic development of the 
     United States;
       (B) to provide for irrigation above Sioux City, Iowa;
       (C) to protect urban and rural areas from devastating 
     floods of the Missouri River; and
       (D) for other purposes;
       (2) the waters impounded for the Fort Randall and Gavins 
     Point projects of the Pick-Sloan program have inundated the 
     fertile, wooded bottom lands along the Missouri River that 
     constituted the most productive agricultural and pastoral 
     lands of, and the homeland of, the members of the Yankton 
     Sioux Tribe and the Santee Sioux Tribe;
       (3) the Fort Randall project (including the Fort Randall 
     Dam and Reservoir) overlies the western boundary of the 
     Yankton Sioux Tribe Indian Reservation;
       (4) the Gavins Point project (including the Gavins Point 
     Dam and Reservoir) overlies the eastern boundary of the 
     Santee Sioux Tribe;
       (5) although the Fort Randall and Gavins Point projects are 
     major components of the Pick-Sloan program, and contribute to 
     the economy of the United States by generating a substantial 
     amount of hydropower and impounding a substantial quantity of 
     water, the reservations of the Yankton Sioux Tribe and the 
     Santee Sioux Tribe remain undeveloped;
       (6) the United States Army Corps of Engineers took the 
     Indian lands used for the Fort Randall and Gavins Point 
     projects by condemnation proceedings;
       (7) the Federal Government did not give the Yankton Sioux 
     Tribe and the Santee Sioux Tribe an opportunity to receive 
     compensation for direct damages from the Pick-Sloan program, 
     even though the Federal Government gave 5 Indian reservations 
     upstream from the reservations of those Indian tribes such an 
     opportunity;
       (8) the Yankton Sioux Tribe and the Santee Sioux Tribe did 
     not receive just compensation for the taking of productive 
     agricultural Indian lands through the condemnation referred 
     to in paragraph (6);
       (9) the settlement agreement that the United States entered 
     into with the Yankton Sioux Tribe and the Santee Sioux Tribe 
     to provide compensation for the taking by condemnation 
     referred to in paragraph (6) did not take into account the 
     increase in property values over the years between the date 
     of taking and the date of settlement; and
       (10) in addition to the financial compensation provided 
     under the settlement agreements referred to in paragraph 
     (9)--
       (A) the Yankton Sioux Tribe should receive an aggregate 
     amount equal to $23,023,743 for the loss value of 2,851.40 
     acres of Indian land taken for the Fort Randall Dam and 
     Reservoir of the Pick-Sloan program; and
       (B) the Santee Sioux Tribe should receive an aggregate 
     amount equal to $4,789,010 for the loss value of 593.10 acres 
     of Indian land located near the Santee village.

     SEC. 203. DEFINITIONS.

       In this title:
       (1) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given that term in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)).
       (2) Santee sioux tribe.--The term ``Santee Sioux Tribe'' 
     means the Santee Sioux Tribe of Nebraska.
       (3) Yankton sioux tribe.--The term ``Yankton Sioux Tribe'' 
     means the Yankton Sioux Tribe of South Dakota.

     SEC. 204. YANKTON SIOUX TRIBE DEVELOPMENT TRUST FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Yankton Sioux 
     Tribe Development Trust Fund'' (referred to in this section 
     as the ``Fund''). The Fund shall consist of any amounts 
     deposited in the Fund under this title.
       (b) Funding.--On the first day of the 11th fiscal year that 
     begins after the date of enactment of this Act, the Secretary 
     of the Treasury shall, from the General Fund of the Treasury, 
     deposit into the Fund established under subsection (a)--
       (1) $23,023,743; and
       (2) an additional amount that equals the amount of interest 
     that would have accrued on the amount described in paragraph 
     (1) if such amount had been invested in interest-bearing 
     obligations of the United States, or in obligations 
     guaranteed as to both principal and interest by the United 
     States, on the first day of the first fiscal year that begins 
     after the date of enactment of this Act and compounded 
     annually thereafter.
       (c) Investment of Trust Fund.--It shall be the duty of the 
     Secretary of the Treasury to invest such portion of the Fund 
     as is not, in the Secretary of Treasury's judgment, required 
     to meet current withdrawals. Such investments may be made 
     only in interest-bearing obligations of the United States or 
     in obligations guaranteed as to both principal and interest 
     by the United States. The Secretary of the Treasury shall 
     deposit interest resulting from such investments into the 
     Fund.
       (d) Payment of Interest to Tribe.--
       (1) Withdrawal of interest.--Beginning on the first day of 
     the 11th fiscal year after the date of enactment of this Act 
     and, on the first day of each fiscal year thereafter, the 
     Secretary of the Treasury shall withdraw the aggregate amount 
     of interest deposited into the Fund for that fiscal year and 
     transfer that amount to the Secretary of the Interior for use 
     in accordance with paragraph (2). Each amount so transferred 
     shall be available without fiscal year limitation.
       (2) Payments to yankton sioux tribe.--
       (A) In general.--The Secretary of the Interior shall use 
     the amounts transferred under paragraph (1) only for the 
     purpose of making payments to the Yankton Sioux Tribe, as 
     such payments are requested by that Indian tribe pursuant to 
     tribal resolution.
       (B) Limitation.--Payments may be made by the Secretary of 
     the Interior under subparagraph (A) only after the Yankton 
     Sioux Tribe has adopted a tribal plan under section 206.
       (C) Use of payments by yankton sioux tribe.--The Yankton 
     Sioux Tribe shall use the payments made under subparagraph 
     (A) only for carrying out projects and programs under the 
     tribal plan prepared under section 206.
       (e) Transfers and Withdrawals.--Except as provided in 
     subsections (c) and (d)(1), the Secretary of the Treasury may 
     not transfer or withdraw any amount deposited under 
     subsection (b).

     SEC. 205. SANTEE SIOUX TRIBE DEVELOPMENT TRUST FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Santee Sioux 
     Tribe Development Trust Fund'' (referred to in this section 
     as the ``Fund''). The Fund shall consist of any amounts 
     deposited in the Fund under this title.
       (b) Funding.--On the first day of the 11th fiscal year that 
     begins after the date of enactment of this Act, the Secretary 
     of the Treasury shall, from the General Fund of the Treasury, 
     deposit into the Fund established under subsection (a)--
       (1) $4,789,010; and
       (2) an additional amount that equals the amount of interest 
     that would have accrued on the amount described in paragraph 
     (1) if such amount had been invested in interest-bearing 
     obligations of the United States, or in obligations 
     guaranteed as to both principal and interest by the United 
     States, on the first day of the first fiscal year that begins 
     after the date of enactment of this Act and compounded 
     annually thereafter.
       (c) Investment of Trust Fund.--It shall be the duty of the 
     Secretary of the Treasury to invest such portion of the Fund 
     as is not, in the Secretary of Treasury's judgment, required 
     to meet current withdrawals. Such investments may be made 
     only in interest-bearing obligations of the United States or 
     in obligations guaranteed as to both principal and interest 
     by the United States. The Secretary of the Treasury shall 
     deposit interest resulting from such investments into the 
     Fund.
       (d) Payment of Interest to Tribe.--
       (1) Withdrawal of interest.--Beginning on the first day of 
     the 11th fiscal year after the date of enactment of this Act 
     and, on the first day of each fiscal year thereafter, the 
     Secretary of the Treasury shall withdraw the aggregate amount 
     of interest deposited into the Fund for that fiscal year and 
     transfer that amount to the Secretary of the Interior for use 
     in accordance with paragraph (2). Each amount so transferred 
     shall be available without fiscal year limitation.
       (2) Payments to santee sioux tribe.--
       (A) In general.--The Secretary of the Interior shall use 
     the amounts transferred under paragraph (1) only for the 
     purpose of making payments to the Santee Sioux Tribe, as such 
     payments are requested by that Indian tribe pursuant to 
     tribal resolution.
       (B) Limitation.--Payments may be made by the Secretary of 
     the Interior under subparagraph (A) only after the Santee 
     Sioux Tribe has adopted a tribal plan under section 206.
       (C) Use of payments by santee sioux tribe.--The Santee 
     Sioux Tribe shall use the payments made under subparagraph 
     (A) only for carrying out projects and programs under the 
     tribal plan prepared under section 206.
       (e) Transfers and Withdrawals.--Except as provided in 
     subsections (c) and (d)(1), the Secretary of the Treasury may 
     not transfer or withdraw any amount deposited under 
     subsection (b).

     SEC. 206. TRIBAL PLANS.

       (a) In General.--Not later than 24 months after the date of 
     enactment of this Act, the tribal council of each of the 
     Yankton Sioux and Santee Sioux Tribes shall prepare a plan 
     for the use of the payments to the tribe under section 204(d) 
     or 205(d) (referred to in this subsection as a ``tribal 
     plan'').
       (b) Contents of Tribal Plan.--Each tribal plan shall 
     provide for the manner in which the tribe covered under the 
     tribal plan shall expend payments to the tribe under section 
     204(d) or 205(d) to promote--
       (1) economic development;
       (2) infrastructure development;
       (3) the educational, health, recreational, and social 
     welfare objectives of the tribe and its members; or
       (4) any combination of the activities described in 
     paragraphs (1), (2), and (3).
       (c) Tribal Plan Review and Revision.--
       (1) In general.--Each tribal council referred to in 
     subsection (a) shall make available for review and comment by 
     the members of the tribe a copy of the tribal plan for the 
     Indian tribe before the tribal plan becomes final, in 
     accordance with procedures established by the tribal council.
       (2) Updating of tribal plan.--Each tribal council referred 
     to in subsection (a) may, on an annual basis, revise the 
     tribal plan prepared by that tribal council to update the 
     tribal plan. In revising the tribal plan under this 
     paragraph, the tribal council shall provide the members of 
     the tribe opportunity to review and comment on any proposed 
     revision to the tribal plan.
       (3) Consultation.--In preparing the tribal plan and any 
     revisions to update the plan, each tribal council shall 
     consult with the Secretary of the Interior and the Secretary 
     of Health and Human Services.
       (4) Annual reports.--Each tribe shall submit an annual 
     report to the Secretary describing any expenditures of funds 
     withdrawn by that tribe under this title.
       (d) Prohibition on Per Capita Payments.--No portion of any 
     payment made under this title

[[Page S11776]]

     may be distributed to any member of the Yankton Sioux Tribe 
     or the Santee Sioux Tribe of Nebraska on a per capita basis.

     SEC. 207. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND 
                   SERVICES.

       (a) In General.--No payment made to the Yankton Sioux Tribe 
     or Santee Sioux Tribe pursuant to this title shall result in 
     the reduction or denial of any service or program to which, 
     pursuant to Federal law--
       (1) the Yankton Sioux Tribe or Santee Sioux Tribe is 
     otherwise entitled because of the status of the tribe as a 
     federally recognized Indian tribe; or
       (2) any individual who is a member of a tribe under 
     paragraph (1) is entitled because of the status of the 
     individual as a member of the tribe.
       (b) Exemptions From Taxation.--No payment made pursuant to 
     this title shall be subject to any Federal or State income 
     tax.
       (c) Power Rates.--No payment made pursuant to this title 
     shall affect Pick-Sloan Missouri River Basin power rates.

     SEC. 208. STATUTORY CONSTRUCTION.

       Nothing in this title may be construed as diminishing or 
     affecting any water right of an Indian tribe, except as 
     specifically provided in another provision of this title, any 
     treaty right that is in effect on the date of enactment of 
     this Act, or any authority of the Secretary of the Interior 
     or the head of any other Federal agency under a law in effect 
     on the date of enactment of this Act.

     SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this title, including such sums as may 
     be necessary for the administration of the Yankton Sioux 
     Tribe Development Trust Fund under section 204 and the Santee 
     Sioux Tribe Development Trust Fund under section 205.

     SEC. 210. EXTINGUISHMENT OF CLAIMS.

       Upon the deposit of funds under sections 204(b) and 205(b), 
     all monetary claims that the Yankton Sioux Tribe or the 
     Santee Sioux Tribe of Nebraska has or may have against the 
     United States for loss of value or use of land related to 
     lands described in section 202(a)(10) resulting from the Fort 
     Randall and Gavins Point projects of the Pick-Sloan Missouri 
     River Basin program shall be extinguished.

     TITLE III--OKLAHOMA NATIVE AMERICAN CULTURAL CENTER AND MUSEUM

     SEC. 301. 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 Secretary 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 Secretary 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 Secretary, 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 title, the Secretary 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 title:
       (1) Authority.--The term ``Authority'' means the Native 
     American Cultural and Educational Authority of Oklahoma, an 
     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) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to grant assistance under 
     subsection (b)(1), $8,250,000 for each of fiscal years 2003 
     through 2006.

     TITLE IV--TRANSMISSION OF POWER FROM INDIAN LANDS IN OKLAHOMA

     SEC. 401. TRANSMISSION OF POWER FROM INDIAN LANDS IN 
                   OKLAHOMA.

       To the extent the Southwestern Power Administration makes 
     transmission capacity available without replacing the present 
     capacity of existing users of the Administration's 
     transmission system, the Administrator of the Southwestern 
     Power Administration shall take such actions as may be 
     necessary, in accordance with all applicable Federal law, to 
     make the transmission services of the Administration 
     available for the transmission of electric power generated at 
     facilities located on land within the jurisdictional area of 
     any Oklahoma Indian tribe (as determined by the Secretary of 
     the Interior) recognized by the Secretary as eligible for 
     trust land status under 25 CFR Part 151. The owner or 
     operator of the generation facilities concerned shall 
     reimburse the Administrator for all costs of such actions in 
     accordance with standards applicable to payment of such costs 
     by other users of the Southwestern Power Administration 
     transmission system.

                        TITLE V--PECHANGA TRIBE

     SEC. 501. LAND OF PECHANGA BAND OF LUISENO MISSION INDIANS.

       (a) Limitation on Conveyance.--Land described in subsection 
     (b) (or any interest in that land) shall not be voluntarily 
     or involuntarily transferred or otherwise made available for 
     condemnation until the date on which--
       (1)(A) the Secretary of the Interior renders a final 
     decision on the fee to trust application pending on the date 
     of the enactment of this title concerning the land; and
       (B) final decisions have been rendered regarding all 
     appeals relating to that application decision; or
       (2) the fee to trust application described in paragraph 
     (1)(A) is withdrawn.
       (b) Description of Land.--The land referred to in 
     subsection (a) is land located in Riverside County, 
     California, that is held in fee by the Pechanga Band of 
     Luiseno Mission Indians, as described in Document No. 211130 
     of the Office of the Recorder, Riverside County, California, 
     and recorded on May 15, 2001.
       (c) Rule of Construction.--Nothing in this section 
     designates, or shall be used to construe, any land described 
     in subsection (b) (or any interest in that land) as an Indian 
     reservation, Indian country, Indian land, or reservation land 
     (as those terms are defined under any Federal law (including 
     a regulation)) for any purpose under any Federal law.

 TITLE VI--CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS SETTLEMENT 
                                  ACT

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Cherokee, Choctaw, and 
     Chickasaw Nations Claims Settlement Act''.

     SEC. 602. FINDINGS.

       The Congress finds the following:
       (1) It is the policy of the United States to promote tribal 
     self-determination and economic self-sufficiency and to 
     encourage the resolution of disputes over historical claims 
     through mutually agreed-to settlements between Indian Nations 
     and the United States.
       (2) There are pending before the United States Court of 
     Federal Claims certain lawsuits against the United States 
     brought by the Cherokee, Choctaw, and Chickasaw Nations 
     seeking monetary damages for the alleged use and 
     mismanagement of tribal resources along the Arkansas River in 
     eastern Oklahoma.
       (3) The Cherokee Nation, a federally recognized Indian 
     tribe with its present tribal headquarters south of 
     Tahlequah, Oklahoma, having adopted its most recent 
     constitution on June 26, 1976, and having entered into 
     various treaties with the United States, including but not 
     limited to the Treaty at Hopewell, executed on November 28, 
     1785 (7 Stat. 18), and the Treaty at Washington, D.C., 
     executed on July 19, 1866 (14 Stat. 799), has maintained a 
     continuous government-to-government relationship with the 
     United States since the earliest years of the Union.
       (4) The Choctaw Nation, a federally recognized Indian tribe 
     with its present tribal headquarters in Durant, Oklahoma, 
     having adopted its most recent constitution on July 9, 1983, 
     and having entered into various treaties with the United 
     States of America, including but not limited to the Treaty at 
     Hopewell, executed on January 3, 1786 (7 Stat. 21), and the 
     Treaty at Washington, D.C., executed on April 28, 1866 (7 
     Stat. 21), has maintained a continuous government-to-
     government relationship with the United States since the 
     earliest years of the Union.
       (5) The Chickasaw Nation, a federally recognized Indian 
     tribe with its present tribal headquarters in Ada, Oklahoma, 
     having adopted its most recent constitution on August 27, 
     1983, and having entered into various treaties with the 
     United States of America, including but not limited to the 
     Treaty at Hopewell, executed on January 10, 1786 (7 Stat. 
     24), and the Treaty at Washington, D.C., executed on April 
     28, 1866 (7 Stat. 21), has maintained a continuous 
     government-to-government relationship with the United States 
     since the earliest years of the Union.
       (6) In the first half of the 19th century, the Cherokee, 
     Choctaw, and Chickasaw Nations were forcibly removed from 
     their homelands in the southeastern United States to lands 
     west of the Mississippi in the Indian Territory that were 
     ceded to them by the United States. From the ``Three Forks'' 
     area near present day Muskogee, Oklahoma, downstream to the 
     point of confluence with the Canadian River, the Arkansas 
     River flowed entirely within the territory of the Cherokee 
     Nation. From that point of confluence downstream to the 
     Arkansas territorial line, the Arkansas River formed the 
     boundary between the Cherokee Nation on the left side of the 
     thread of the river and the Choctaw and Chickasaw Nations on 
     the right.
       (7) Pursuant to the Act of April 30, 1906 (34 Stat. 137), 
     tribal property not allotted to individuals or otherwise 
     disposed of, including the bed and banks of the Arkansas 
     River, passed to the

[[Page S11777]]

     United States in trust for the use and benefit of the 
     respective Indian Nations in accordance with their respective 
     interests therein.
       (8) For more than 60 years after Oklahoma statehood, the 
     Bureau of Indian Affairs believed that Oklahoma owned the 
     Riverbed from the Arkansas State line to Three Forks, and 
     therefore took no action to protect the Indian Nations' 
     Riverbed resources such as oil, gas, and Drybed Lands 
     suitable for grazing and agriculture.
       (9) Third parties with property near the Arkansas River 
     began to occupy the Indian Nations' Drybed Lands--lands that 
     were under water at the time of statehood but that are now 
     dry due to changes in the course of the river.
       (10) In 1966, the Indian Nations sued the State of Oklahoma 
     to recover their lands. In 1970, the Supreme Court of the 
     United States decided in the case of Choctaw Nation vs. 
     Oklahoma (396 U.S. 620), that the Indian Nations retained 
     title to their respective portions of the Riverbed along the 
     navigable reach of the river.
       (11) In 1987, the Supreme Court of the United States in the 
     case of United States vs. Cherokee Nation (480 U.S. 700) 
     decided that the riverbed lands did not gain an exemption 
     from the Federal Government's navigational servitude and that 
     the Cherokee Nation had no right to compensation for damage 
     to its interest by exercise of the Government's servitude.
       (12) In 1989, the Indian Nations filed lawsuits against the 
     United States in the United States Court of Federal Claims 
     (Case Nos. 218-89L and 630-89L), seeking damages for the 
     United States' use and mismanagement of tribal trust 
     resources along the Arkansas River. Those actions are still 
     pending.
       (13) In 1997, the United States filed quiet title 
     litigation against individuals occupying some of the Indian 
     Nations' Drybed Lands. That action, filed in the United 
     States District Court for the Eastern District of Oklahoma, 
     was dismissed without prejudice on technical grounds.
       (14) Much of the Indian Nations' Drybed Lands have been 
     occupied by a large number of adjacent landowners in 
     Oklahoma. Without Federal legislation, further litigation 
     against thousands of such landowners would be likely and any 
     final resolution of disputes would take many years and entail 
     great expense to the United States, the Indian Nations, and 
     the individuals and entities occupying the Drybed Lands and 
     would seriously impair long-term economic planning and 
     development for all parties.
       (15) The Councils of the Cherokee and Choctaw Nations and 
     the Legislature of the Chickasaw Nation have each enacted 
     tribal resolutions which would, contingent upon the passage 
     of this title and the satisfaction of its terms and in 
     exchange for the moneys appropriated hereunder--
       (A) settle and forever release their respective claims 
     against the United States asserted by them in United States 
     Court of Federal Claims Case Nos. 218-89L and 630-89L; and
       (B) forever disclaim any and all right, title, and interest 
     in and to the Disclaimed Drybed Lands, as set forth in those 
     enactments of the respective councils of the Indian Nations.
       (16) The resolutions adopted by the respective Councils of 
     the Cherokee, Choctaw, and Chickasaw Nations each provide 
     that, contingent upon the passage of the settlement 
     legislation and satisfaction of its terms, each Indian Nation 
     agrees to dismiss, release, and forever discharge its claims 
     asserted against the United States in the United State Court 
     of Federal Claims, Case Nos. 218-89L and 630-89L, and to 
     forever disclaim any right, title, or interest of the Indian 
     Nation in the Disclaimed Drybed Lands, in exchange for the 
     funds appropriated and allocated to the Indian Nation under 
     the provisions of the settlement legislation, which funds the 
     Indian Nation agrees to accept in full satisfaction and 
     settlement of all claims against the United States for the 
     damages sought in the aforementioned claims asserted in the 
     United States Court of Federal Claims, and as full and fair 
     compensation for disclaiming its right, title, and interest 
     in the Disclaimed Drybed Lands.
       (17) In those resolutions, each Indian Nation expressly 
     reserved all of its beneficial interest and title to all 
     other Riverbed lands, including minerals, as determined by 
     the Supreme Court in Choctaw Nation v. Oklahoma, 397 U.S. 620 
     (1970), and further reserved any and all right, title, or 
     interest that each Nation may have in and to the water 
     flowing in the Arkansas River and its tributaries.

     SEC. 603. PURPOSES.

       The purposes of this title are to resolve all claims that 
     have been or could have been brought by the Cherokee, 
     Choctaw, and Chickasaw Nations against the United States, and 
     to confirm that the Indian Nations are forever disclaiming 
     any right, title, or interest in the Disclaimed Drybed Lands, 
     which are contiguous to the channel of the Arkansas River as 
     of the date of the enactment of this title in certain 
     townships in eastern Oklahoma.

     SEC. 604. DEFINITIONS.

       For the purposes of this title, the following definitions 
     apply:
       (1) Disclaimed drybed lands.--The term ``Disclaimed Drybed 
     Lands'' means all Drybed Lands along the Arkansas River that 
     are located in Township 10 North in Range 24 East, Townships 
     9 and 10 North in Range 25 East, Township 10 North in Range 
     26 East, and Townships 10 and 11 North in Range 27 East, in 
     the State Oklahoma.
       (2) Drybed lands.--The term ``Drybed Lands'' means those 
     lands which, on the date of enactment of this title, lie 
     above and contiguous to the mean high water mark of the 
     Arkansas River in the State of Oklahoma. The term ``Drybed 
     Lands'' is intended to have the same meaning as the term 
     ``Upland Claim Area'' as used by the Bureau of Land 
     Management Cadastral Survey Geographic Team in its 
     preliminary survey of the Arkansas River. The term ``Drybed 
     Lands'' includes any lands so identified in the ``Holway 
     study.''
       (3) Indian nation; indian nations.--The term ``Indian 
     Nation'' means the Cherokee Nation, Choctaw Nation, or 
     Chickasaw Nation, and the term ``Indian Nations'' means all 3 
     tribes collectively.
       (4) Riverbed.--The term ``Riverbed'' means the Drybed Lands 
     and the Wetbed Lands and includes all minerals therein.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) Wetbed lands.--The term ``Wetbed Lands'' means those 
     Riverbed lands which lie below the mean high water mark of 
     the Arkansas River in the State of Oklahoma as of the date of 
     the enactment of this title, exclusive of the Drybed Lands. 
     The term Wetbed Land is intended to have the same meaning as 
     the term ``Present Channel Claim Areas'' as utilized by the 
     Bureau of Land Management Cadastral Survey Geographic Team in 
     its preliminary survey of the Arkansas River.

     SEC. 605. SETTLEMENT AND CLAIMS; APPROPRIATIONS; ALLOCATION 
                   OF FUNDS.

       (a) Extinguishment of Claims.--Pursuant to their respective 
     tribal resolutions, and in exchange for the benefits 
     conferred under this title, the Indian Nations shall, on the 
     date of enactment of this title, enter into a consent decree 
     with the United States that waives, releases, and dismisses 
     all the claims they have asserted or could have asserted in 
     their cases numbered 218-89L and 630-89L pending in the 
     United States Court of Federal Claims against the United 
     States, including but not limited to claims arising out of 
     any and all of the Indian Nations' interests in the 
     Disclaimed Drybed Lands and arising out of construction, 
     maintenance and operation of the McClellan-Kerr Navigation 
     Way. The Indian Nations and the United States shall lodge the 
     consent decree with the Court of Federal Claims within 30 
     days of the enactment of this title, and shall move for entry 
     of the consent decree at such time as all appropriations by 
     Congress pursuant to the authority of this title have been 
     made and deposited into the appropriate tribal trust fund 
     account of the Indian Nations as described in section 606. 
     Upon entry of the consent decree, all the Indian Nations' 
     claims and all their past, present, and future right, title, 
     and interest to the Disclaimed Drybed Lands, shall be deemed 
     extinguished. No claims may be asserted in the future against 
     the United States pursuant to sections 1491, 1346(a)(2), or 
     1505 of title 28, United States Code, for actions taken or 
     failed to have been taken by the United States for events 
     occurring prior to the date of the extinguishment of claims 
     with respect to the Riverbed.
       (b) Release of Tribal Claims to Certain Drybed Lands.--
       (1) In general.--Upon the deposit of all funds authorized 
     for appropriation under subsection (c) for an Indian Nation 
     into the appropriate trust fund account described in section 
     606--
       (A) all claims now existing or which may arise in the 
     future with respect to the Disclaimed Drybed lands and all 
     right, title, and interest that the Indian Nations and the 
     United States as trustee on behalf of the Indian Nation may 
     have to the Disclaimed Drybed Lands, shall be deemed 
     extinguished;
       (B) any interest of the Indian Nations or the United States 
     as trustee on their behalf in the Disclaimed Drybed Lands 
     shall further be extinguished pursuant to the Trade and 
     Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, 1 
     Stat. 137), and all subsequent amendments thereto (as 
     codified at 25 U.S.C. 177);
       (C) to the extent parties other than the Indian Nations 
     have transferred interests in the Disclaimed Drybed Lands in 
     violation of the Trade and Intercourse Act, Congress does 
     hereby approve and ratify such transfers of interests in the 
     Disclaimed Drybed Lands to the extent that such transfers 
     otherwise are valid under law; and
       (D) the Secretary is authorized to execute an appropriate 
     document citing this title, suitable for filing with the 
     county clerks, or such other county official as appropriate, 
     of those counties wherein the foregoing described lands are 
     located, disclaiming any tribal or Federal interest on behalf 
     of the Indian Nations in such Disclaimed Drybed Lands. The 
     Secretary is authorized to file with the counties a plat or 
     map of the disclaimed lands should the Secretary determine 
     that such filing will clarify the extent of lands disclaimed. 
     Such a plat or map may be filed regardless of whether the map 
     or plat has been previously approved for filing, whether or 
     not the map or plat has been filed, and regardless of whether 
     the map or plat constitutes a final determination by the 
     Secretary of the extent of the Indian Nations' original claim 
     to the Disclaimed Drybed Lands. The disclaimer filed by the 
     United States shall constitute a disclaimer of the Disclaimed 
     Drybed Lands for purposes of the Trade and Intercourse Act 
     (25 U.S.C. 177).
       (2) Special provisions.--Notwithstanding any provision of 
     this title--
       (A) the Indian Nations do not relinquish any right, title, 
     or interest in any lands which constitute the Wetbed Lands 
     subject to the navigational servitude exercised by the United 
     States on the Wetbed Lands. By virtue of the exercise of the 
     navigational servitude, the United States shall not be liable 
     to the Indian Nations for any loss they may have related to 
     the minerals in the Wetbed Lands;
       (B) no provision of this title shall be construed to 
     extinguish or convey any water rights of the Indian Nations 
     in the Arkansas River or any other stream or the beneficial 
     interests or title of any of the Indian Nations in and to 
     lands held in trust by the United States on the date of 
     enactment of this title which lie above or below the mean 
     high water mark of the Arkansas River, except for the 
     Disclaimed Drybed Lands; and

[[Page S11778]]

       (C) the Indian Nations do not relinquish any right, title, 
     or interest in any lands or minerals of certain unallotted 
     tracts which are identified in the official records of the 
     Eastern Oklahoma Regional Office, Bureau of Indian Affairs. 
     The disclaimer to be filed by the Secretary of the Interior 
     under section 605(b)(1) of this title shall reflect the legal 
     description of the unallotted tracts retained by the Nations.
       (3) Setoff.--In the event the Court of Federal Claims does 
     not enter the consent decree as set forth in subsection (a), 
     the United States shall be entitled to setoff against any 
     claims of the Indian Nations as set forth in subsection (a), 
     any funds transferred to the Indian Nations pursuant to 
     section 606, and any interest accrued thereon up to the date 
     of setoff.
       (4) Quiet title actions.--Notwithstanding any other 
     provision of law, neither the United States nor any 
     department of the United States nor the Indian Nations shall 
     be made parties to any quiet title lawsuit or other lawsuit 
     to determine ownership of or an interest in the Disclaimed 
     Drybed Lands initiated by any private person or private 
     entity after execution of the disclaimer set out in section 
     605(b)(1). The United States will have no obligation to 
     undertake any future quiet title actions or actions for the 
     recovery of lands or funds relating to any Drybed Lands 
     retained by the Indian Nation or Indian Nations under this 
     title, including any lands which are Wetbed Lands on the date 
     of enactment of this title, but which subsequently lie above 
     the mean high water mark of the Arkansas River and the 
     failure or declination to initiate any quiet title action or 
     to manage any such Drybed Lands shall not constitute a breach 
     of trust by the United States or be compensable to the Indian 
     Nation or Indian Nations in any manner.
       (5) Land to be conveyed in fee.--To the extent that the 
     United States determines that it is able to effectively 
     maintain the McClellan-Kerr Navigation Way without retaining 
     title to lands above the high water mark of the Arkansas 
     River as of the date of enactment of this title, said lands, 
     after being declared surplus, shall be conveyed in fee to the 
     Indian Nation within whose boundary the land is located. The 
     United States shall not be obligated to accept such property 
     in trust.
       (c) Authorization for Settlement Appropriations.--There is 
     authorized to be appropriated an aggregate sum of $40,000,000 
     as follows:
       (1) $10,000,000 for fiscal year 2004.
       (2) $10,000,000 for fiscal year 2005.
       (3) $10,000,000 for fiscal year 2006.
       (4) $10,000,000 for fiscal year 2007.
       (d) Allocation and Deposit of Funds.--After payment 
     pursuant to section 607, the remaining funds authorized for 
     appropriation under subsection (c) shall be allocated among 
     the Indian Nations as follows:
       (1) 50 percent to be deposited into the trust fund account 
     established under section 606 for the Cherokee Nation.
       (2) 37.5 percent to be deposited into the trust fund 
     account established under section 606 for the Choctaw Nation.
       (3) 12.5 percent to be deposited into the trust fund 
     account established under section 606 for the Chickasaw 
     Nation.

     SEC. 606. TRIBAL TRUST FUNDS.

       (a) Establishment, Purpose, and Management of Trust 
     Funds.--
       (1) Establishment.--There are hereby established in the 
     United States Treasury 3 separate tribal trust fund accounts 
     for the benefit of each of the Indian Nations, respectively, 
     for the purpose of receiving all appropriations made pursuant 
     to section 605(c), and allocated pursuant to section 605(d).
       (2) Availability of amounts in trust fund accounts.--
     Amounts in the tribal trust fund accounts established by this 
     section shall be available to the Secretary for management 
     and investment on behalf of the Indian Nations and 
     distribution to the Indian Nations in accordance with this 
     title. Funds made available from the tribal trust funds under 
     this section shall be available without fiscal year 
     limitation.
       (b) Management of Funds.--
       (1) Land acquisition.--
       (A) Trust land status pursuant to regulations.--The funds 
     appropriated and allocated to the Indian Nations pursuant to 
     sections 205(c) and (d), and deposited into trust fund 
     accounts pursuant to section 606(a), together with any 
     interest earned thereon, may be used for the acquisition of 
     land by the Indian Nations. The Secretary may accept such 
     lands into trust for the beneficiary Indian Nation pursuant 
     to the authority provided in section 5 of the Act of June 18, 
     1934 (25 U.S.C. 465) and in accordance with the Secretary's 
     trust land acquisition regulations at part 151 of title 25, 
     Code of Federal Regulations, in effect at the time of the 
     acquisition, except for those acquisitions covered by 
     paragraph (1)(B).
       (B) Required trust land status.--Any such trust land 
     acquisitions on behalf of the Cherokee Nation shall be 
     mandatory if the land proposed to be acquired is located 
     within Township 12 North, Range 21 East, in Sequoyah County, 
     Township 11 North, Range 18 East, in McIntosh County, 
     Townships 11 and 12 North, Range 19 East, or Township 12 
     North, Range 20 East, in Muskogee County, Oklahoma, and not 
     within the limits of any incorporated municipality as of 
     January 1, 2002, if--
       (i) the land proposed to be acquired meets the Department 
     of the Interior's minimum environmental standards and 
     requirements for real estate acquisitions set forth in 602 DM 
     2.6, or any similar successor standards or requirements for 
     real estate acquisitions in effect on the date of 
     acquisition; and
       (ii) the title to such land meets applicable Federal title 
     standards in effect on the date of the acquisition.
       (C) Other expenditure of funds.--The Indian Nations may 
     elect to expend all or a portion of the funds deposited into 
     its trust account for any other purposes authorized under 
     paragraph (2).
       (2) Investment of trust funds; no per capita payment.--
       (A) No per capita payments.--No money received by the 
     Indian Nations hereunder may be used for any per capita 
     payment.
       (B) Investment by secretary.--Except as provided in this 
     section and section 607, the principal of such funds 
     deposited into the accounts established hereunder and any 
     interest earned thereon shall be invested by the Secretary in 
     accordance with current laws and regulations for the 
     investing of tribal trust funds.
       (C) Use of principal funds.--The principal amounts of said 
     funds and any amounts earned thereon shall be made available 
     to the Indian Nation for which the account was established 
     for expenditure for purposes which may include construction 
     or repair of health care facilities, law enforcement, 
     cultural or other educational activities, economic 
     development, social services, and land acquisition. Land 
     acquisition using such funds shall be subject to the 
     provisions of subsections (b) and (d).
       (3) Disbursement of funds.--The Secretary shall disburse 
     the funds from a trust account established under this section 
     pursuant to a budget adopted by the Council or Legislature of 
     the Indian Nation setting forth the amount and an intended 
     use of such funds.
       (4) Additional restriction on use of funds.--None of the 
     funds made available under this title may be allocated or 
     otherwise assigned to authorized purposes of the Arkansas 
     River Multipurpose Project as authorized by the River and 
     Harbor Act of 1946, as amended by the Flood Control Act of 
     1948 and the Flood Control Act of 1950.

     SEC. 607. ATTORNEY FEES.

       (a) Payment.--At the time the funds are paid to the Indian 
     Nations, from funds authorized to be appropriated pursuant to 
     section 605(c), the Secretary shall pay to the Indian 
     Nations' attorneys those fees provided for in the individual 
     tribal attorney fee contracts as approved by the respective 
     Indian Nations.
       (b) Limitations.--Notwithstanding subsection (a), the total 
     fees payable to attorneys under such contracts with an Indian 
     Nation shall not exceed 10 percent of that Indian Nation's 
     allocation of funds appropriated under section 605(c).

     SEC. 608. RELEASE OF OTHER TRIBAL CLAIMS AND FILING OF 
                   CLAIMS.

       (a) Extinguishment of Other Tribal Claims.--
       (1) In general.--As of the date of enactment of this 
     title--
       (A) all right, title, and interest of any Indian nation or 
     tribe other than any Indian Nation defined in section 604 
     (referred to in this section and section 609 as a ``claimant 
     tribe'') in or to the Disclaimed Drybed Lands, and any such 
     right, title, or interest held by the United States on behalf 
     of such a claimant tribe, shall be considered to be 
     extinguished in accordance with section 177 of title 25, 
     United States Code (section 2116 of the Revised Statutes);
       (B) if any party other than a claimant tribe holds 
     transferred interests in or to the Disclaimed Drybed Lands in 
     violation of section 177 of title 25, United States Code 
     (section 2116 of the Revised Statutes), Congress approves and 
     ratifies those transfers of interests to the extent that the 
     transfers are in accordance with other applicable law; and
       (C) the documents described in section 605(b)(1)(D) shall 
     serve to identify the geographic scope of the interests 
     extinguished by subparagraph (A).
       (2) Quiet title actions.--
       (A) In general.--Notwithstanding any other provision of 
     law, after the date of enactment of this title, neither the 
     United States (or any department or agency of the United 
     States) nor any Indian Nation shall be included as a party to 
     any civil action brought by any private person or private 
     entity to quiet title to, or determine ownership of an 
     interest in or to, the Disclaimed Drybed Lands.
       (B) Future actions.--As of the date of enactment of this 
     title, the United States shall have no obligation to bring 
     any civil action to quiet title to, or to recover any land or 
     funds relating to, the Drybed Lands (including any lands that 
     are Wetbed Lands as of the date of enactment of this title 
     but that are located at any time after that date above the 
     mean high water mark of the Arkansas River).
       (C) No breach of trust.--The failure or declination by the 
     United States to initiate any civil action to quiet title to 
     or manage any Drybed Lands under this paragraph shall not--
       (i) constitute a breach of trust by the United States; or
       (ii) be compensable to a claimant tribe in any manner.
       (b) Claims of Other Indian Tribes.--
       (1) Limited period for filing claims.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this title, any claimant tribe that claims that 
     any title, interest, or entitlement held by the claimant 
     tribe has been extinguished by operation of section 605(a) or 
     subsection 608(a) may file a claim against the United States 
     relating to the extinguishment in the United States Court of 
     Federal Claims.
       (B) Failure to file.--After the date described in 
     subparagraph (A), a claimant tribe described in that 
     subparagraph shall be barred from filing any claim described 
     in that subparagraph.
       (2) Special holding account.--
       (A) Establishment.--There is established in the Treasury, 
     in addition to the accounts established by section 606(a), an 
     interest-bearing special holding account for the benefit of 
     the Indian Nations.
       (B) Deposits.--Notwithstanding any other provision of this 
     title or any other law, of any

[[Page S11779]]

     funds that would otherwise be deposited in a tribal trust 
     account established by section 606(a), 10 percent shall--
       (i) be deposited in the special holding account established 
     by subparagraph (A); and
       (ii) be held in that account for distribution under 
     paragraph (3).
       (3) Distribution of funds.--
       (A) In general.--Funds deposited in the special holding 
     account established by paragraph (2)(A) shall be distributed 
     in accordance with subparagraphs (B) through (D).
       (B) Claim filed.--If a claim under paragraph (1)(A) is 
     filed by the deadline specified in that paragraph, on final 
     adjudication of that claim--
       (i) if the final judgment awards to a claimant an amount 
     that does not exceed the amount of funds in the special 
     holding account under paragraph (2) attributable to the 
     Indian Nation from the allocation of which under section 
     605(d) the funds in the special holding account are derived--

       (I) that amount shall be distributed from the special 
     holding account to the claimant tribe that filed the claim; 
     and
       (II) any remaining amount in the special holding account 
     attributable to the claim shall be transferred to the 
     appropriate tribal trust account for the Indian Nation 
     established by section 606(a); and

       (ii) if the final judgment awards to a claimant an amount 
     that exceeds the amount of funds in the special holding 
     account attributable to the Indian Nation from the allocation 
     of which under section 605(d) the funds in the special 
     holding account are derived--

       (I) the balance of funds in the special holding account 
     attributable to the Indian Nation shall be distributed to the 
     claimant tribe that filed the claim; and
       (II) payment of the remainder of the judgment amount 
     awarded to the claimant tribe shall be made from the 
     permanent judgment appropriation established pursuant to 
     section 1304 of title 31, United States Code.

       (C) No claims filed.--If no claims under paragraph (1)(A) 
     are filed by the deadline specified that paragraph--
       (i) any funds held in the special holding account under 
     paragraph (2) and attributed to that Indian Nation shall be 
     deposited in the appropriate tribal trust account established 
     by section 6(a); and
       (ii) after the date that is 180 days after the date of 
     enactment of this title, paragraph (2)(B) shall not apply to 
     appropriations attributed to that Indian Nation.
       (c) Declaration With Respect to Scope of Rights, Title, and 
     Interests.--Congress declares that--
       (1) subsection (b) is intended only to establish a process 
     by which alleged claims may be resolved; and
       (2) nothing in this section acknowledges, enhances, or 
     establishes any prior right, title, or interest of any 
     claimant tribe in or to the Arkansas Riverbed.

     SEC. 609. EFFECT ON CLAIMS.

       This title shall not be construed to resolve any right, 
     title, or interest of any Indian nation or of any claimant 
     tribe, except their past, present, or future claims relating 
     to right, title, or interest in or to the Riverbed and the 
     obligations and liabilities of the United States thereto.

                       TITLE VII--SEMINOLE TRIBE

     SEC. 701. APPROVAL NOT REQUIRED TO VALIDATE CERTAIN LAND 
                   TRANSACTIONS.

       (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.

      TITLE VIII--JICARILLA APACHE RESERVATION RURAL WATER SYSTEM

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Jicarilla Apache 
     Reservation Rural Water System Act''.

     SEC. 802. PURPOSES.

       The purposes of this title are as follows:
       (1) To ensure a safe and adequate rural, municipal, and 
     water supply and wastewater systems for the residents of the 
     Jicarilla Apache Reservation in the State of New Mexico in 
     accordance with Public Law 106-243.
       (2) To authorize the Secretary of the Interior, through the 
     Bureau of Reclamation, in consultation and collaboration with 
     the Jicarilla Apache Nation--
       (A) to plan, design, and construct the water supply, 
     delivery, and wastewater collection systems on the Jicarilla 
     Apache Reservation in the State of New Mexico; and
       (B) to include service connections to facilities within the 
     town of Dulce and the surrounding area, and to individuals as 
     part of the construction.
       (3) To require the Secretary, at the request of the 
     Jicarilla Apache Nation, to enter into a self-determination 
     contract with the Jicarilla Apache Nation under title I of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450f et seq.) under which--
       (A) the Jicarilla Apache Nation shall plan, design, and 
     construct the water supply, delivery, and wastewater 
     collection systems, including service connections to 
     communities and individuals; and
       (B) the Bureau of Reclamation shall provide technical 
     assistance and oversight responsibility for such project.
       (4) To establish a process in which the Jicarilla Apache 
     Nation shall assume title and responsibility for the 
     ownership, operation, maintenance, and replacement of the 
     system.

     SEC. 803. DEFINITIONS.

       As used in this title:
       (1) BIA.--The term ``BIA'' means the Bureau of Indian 
     Affairs, an agency within the Department of the Interior.
       (2) Irrigation.--The term ``irrigation'' means the 
     commercial application of water to land for the purpose of 
     establishing or maintaining commercial agriculture in order 
     to produce field crops and vegetables for sale.
       (3) Reclamation.--The term ``Reclamation'' means the Bureau 
     of Reclamation, an agency within the Department of the 
     Interior.
       (4) Report.--The term ``Report'' means the report entitled 
     ``Planning Report/Environmental Assessment, Water and 
     Wastewater Improvements, Jicarilla Apache Nation, Dulce, New 
     Mexico'', dated September 2001, which was completed pursuant 
     to Public Law 106-243.
       (5) Reservation.--The term ``Reservation'' means the 
     Jicarilla Apache Reservation in the State of New Mexico, 
     including all lands and interests in land that are held in 
     trust by the United States for the Tribe.
       (6) Rural water supply project.--The term ``Rural Water 
     Supply Project'' means a municipal, domestic, rural, and 
     industrial water supply and wastewater facility area and 
     project identified to serve a group of towns, communities, 
     cities, tribal reservations, or dispersed farmsteads with 
     access to clean, safe domestic and industrial water, to 
     include the use of livestock.
       (7) State.--The term ``State'' means the State of New 
     Mexico.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Bureau of Reclamation.
       (9) Tribe.--The term ``Tribe'' means the Jicarilla Apache 
     Nation.

     SEC. 804. JICARILLA APACHE RESERVATION RURAL WATER SYSTEM.

       (a) Construction.--The Secretary, in consultation and 
     collaboration with the Tribe, shall plan, design, and 
     construct the Rural Water Supply Project to improve the water 
     supply, delivery, and wastewater facilities to the town of 
     Dulce, New Mexico, and surrounding communities for the 
     purpose of providing the benefits of clean, safe, and 
     reliable water supply, delivery, and wastewater facilities.
       (b) Scope of Project.--The Rural Water Supply Project shall 
     consist of the following:
       (1) Facilities to provide water supply, delivery, and 
     wastewater services for the community of Dulce, the Mundo 
     Ranch Development, and surrounding areas on the Reservation.
       (2) Pumping and treatment facilities located on the 
     Reservation.
       (3) Distribution, collection, and treatment facilities to 
     serve the needs of the Reservation, including, but not 
     limited to, construction, replacement, improvement, and 
     repair of existing water and wastewater systems, including 
     systems owned by individual tribal members and other 
     residents on the Reservation.
       (4) Appurtenant buildings and access roads.
       (5) Necessary property and property rights.
       (6) Such other electrical power transmission and 
     distribution facilities, pipelines, pumping plants, and 
     facilities as the Secretary deems necessary or appropriate to 
     meet the water supply, economic, public health, and 
     environmental needs of the Reservation, including, but not 
     limited to, water storage tanks, water lines, maintenance 
     equipment, and other facilities for the Tribe on the 
     Reservation.
       (c) Cost Sharing.--
       (1) Tribal share.--Subject to paragraph (3) and subsection 
     (d), the tribal share of the cost of the Rural Water Supply 
     Project is comprised of the costs to design and initiate 
     construction of the wastewater treatment plant, to replace 
     the diversion structure on the Navajo River, and to construct 
     raw water settling ponds, a water treatment plant, water 
     storage plants, a water transmission pipeline, and 
     distribution pipelines, and has been satisfied.
       (2) Federal share.--Subject to paragraph (3) and subsection 
     (d), the Federal share of the cost of the Rural Water Supply 
     Project shall be all remaining costs of the project 
     identified in the Report.
       (3) Operation and maintenance.--The Federal share of the 
     cost of operation and maintenance of the Rural Water Supply 
     Project shall continue to be available for operation and 
     maintenance in accordance with the Indian Self-Determination 
     Act, as set forth in this title.
       (d) Operation, Maintenance, and Replacement After 
     Completion.--Upon determination by the Secretary that the 
     Rural Water Supply Project is substantially complete, the 
     Tribe shall assume responsibility for and liability related 
     to the annual operation, maintenance, and replacement cost of 
     the project in accordance with this title and the Operation, 
     Maintenance, and Replacement Plan under chapter IV of the 
     Report.

     SEC. 805. GENERAL AUTHORITY.

       The Secretary is authorized to enter into contracts, 
     grants, cooperative agreements, and other such agreements and 
     to promulgate such regulations as may be necessary to carry 
     out the purposes and provisions of this title and the Indian 
     Self-Determination Act (Public Law 93-638; 25 U.S.C. 450 et 
     seq.).

     SEC. 806. PROJECT REQUIREMENTS.

       (a) Plans.--

[[Page S11780]]

       (1) Project plan.--Not later than 60 days after funds are 
     made available for this purpose, the Secretary shall prepare 
     a recommended project plan, which shall include a general map 
     showing the location of the proposed physical facilities, 
     conceptual engineering drawings of structures, and general 
     standards for design for the Rural Water Supply Project.
       (2) OM&R plan.--The Tribe shall develop an operation, 
     maintenance, and replacement plan, which shall provide the 
     necessary framework to assist the Tribe in establishing rates 
     and fees for customers of the Rural Water Supply Project.
       (b) Construction Manager.--The Secretary, through 
     Reclamation and in consultation with the Tribe, shall select 
     a project construction manager to work with the Tribe in the 
     planning, design, and construction of the Rural Water Supply 
     Project.
       (c) Memorandum of Agreement.--The Secretary shall enter 
     into a memorandum of agreement with the Tribe that commits 
     Reclamation and BIA to a transition plan that addresses 
     operations and maintenance of the Rural Water Supply Project 
     while the facilities are under construction and after 
     completion of construction.
       (d) Oversight.--The Secretary shall have oversight 
     responsibility with the Tribe and its constructing entity and 
     shall incorporate value engineering analysis as appropriate 
     to the Rural Water Supply Project.
       (e) Technical Assistance.--The Secretary shall provide such 
     technical assistance as may be necessary to the Tribe to 
     plan, develop, and construct the Rural Water Supply Project, 
     including, but not limited to, operation and management 
     training.
       (f) Service Area.--The service area of the Rural Water 
     Supply Project shall be within the boundaries of the 
     Reservation.
       (g) Other Law.--The planning, design, construction, 
     operation, and maintenance of the Rural Water Supply Project 
     shall be subject to the provisions of the Indian Self-
     Determination Act (25 U.S.C. 450 et seq.).
       (h) Report.--During the year that construction of the Rural 
     Water Supply Project begins and annually until such 
     construction is completed, the Secretary, through Reclamation 
     and in consultation with the Tribe, shall report to Congress 
     on the status of the planning, design, and construction of 
     the Rural Water Supply Project.
       (i) Title.--Title to the Rural Water Supply Project shall 
     be held in trust for the Tribe by the United States and shall 
     not be transferred or encumbered without a subsequent Act of 
     Congress.

     SEC. 807. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this title $45,000,000 (January 2002 dollars) plus 
     or minus such amounts, if any, as may be justified by reason 
     of changes in construction costs as indicated by engineering 
     cost indexes applicable to the types of construction involved 
     for the planning, design, and construction of the Rural Water 
     Supply Project as generally described in the Report dated 
     September 2001.
       (b) Conditions.--Funds may not be appropriated for the 
     construction of any project authorized under this title until 
     after--
       (1) an appraisal investigation and a feasibility study have 
     been completed by the Secretary and the Tribe; and
       (2) the Secretary has determined that the plan required by 
     section 806(a)(2) is completed.
       (c) NEPA.--The Secretary shall not obligate funds for 
     construction until after the requirements of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are 
     met with respect to the Rural Water Supply Project.

     SEC. 808. PROHIBITION ON USE OF FUNDS FOR IRRIGATION 
                   PURPOSES.

       None of the funds made available to the Secretary for 
     planning or construction of the Rural Water Supply Project 
     may be used to plan or construct facilities used to supply 
     water for the purposes of irrigation.

     SEC. 809. WATER RIGHTS.

       The water rights of the Tribe are part of and included in 
     the Jicarilla Apache Tribe Water Rights Settlement Act 
     (Public Law 102-441). These rights are adjudicated under New 
     Mexico State law as a partial final judgment and decree 
     entered in the Eleventh Judicial District Court of New 
     Mexico. That Act and decree provide for sufficient water 
     rights under ``historic and existing uses'' to supply water 
     for the municipal water system. These water rights are 
     recognized depletions within the San Juan River basin and no 
     new depletions are associated with the Rural Water Supply 
     Project. In consultation with the United States Fish and 
     Wildlife Service, Reclamation has determined that there shall 
     be no significant impact to endangered species as a result of 
     water depletions associated with this project. No other water 
     rights of the Tribe shall be impacted by the Rural Water 
     Supply Project.

                TITLE IX--ROCKY BOY'S RURAL WATER SYSTEM

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Rocky Boy's/North Central 
     Montana Regional Water System Act of 2002''.

     SEC. 902. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the water systems serving residents of the Rocky Boy's 
     Reservation in the State of Montana--
       (A) do not meet minimum health and safety standards;
       (B) pose a threat to public health and safety; and
       (C) are inadequate to supply the water needs of the 
     Chippewa Cree Tribe;
       (2) the United States has a responsibility to ensure that 
     adequate and safe water supplies are available to meet the 
     economic, environmental, water supply, and public health 
     needs of the Reservation;
       (3) the entities administering the rural and municipal 
     water systems in North Central Montana are having difficulty 
     complying with regulations promulgated under the Safe 
     Drinking Water Act (42 U.S.C. 300f et seq.); and
       (4) The study, defined in section 903(k), identifies Lake 
     Elwell, near Chester, Montana, as an available, reliable, and 
     safe rural and municipal water supply for serving the needs 
     of the Reservation and North Central Montana.
       (b) Purposes.--The purposes of this title are--
       (1) to ensure a safe and adequate rural, municipal, and 
     industrial water supply for the residents of the Rocky Boy's 
     Reservation in the State of Montana;
       (2) to assist the citizens residing in Chouteau, Glacier, 
     Hill, Liberty, Pondera, Teton, and Toole Counties, Montana, 
     but outside the Reservation, in developing safe and adequate 
     rural, municipal, and industrial water supplies;
       (3) to authorize the Secretary of the Interior--
       (A) acting through the Commissioner of Reclamation to plan, 
     design, and construct the core and noncore systems of the 
     Rocky Boy's/North Central Montana Regional Water System in 
     the State of Montana; and
       (B) acting through the Bureau of Indian Affairs to operate, 
     maintain, and replace the core system and the on-Reservation 
     water distribution systems, including service connections to 
     communities and individuals; and
       (4) to authorize the Secretary, at the request of the 
     Chippewa Cree Tribe, to enter into self-governance agreements 
     with the Tribe under title IV of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 458aa 
     et seq.), under which the Tribe--
       (A) through the Bureau of Reclamation, will plan, design, 
     and construct the core system of the Rocky Boy's/North 
     Central Montana Regional Water System, and
       (B) through the Bureau of Indian Affairs, will operate, 
     maintain, and replace (including service connections to 
     communities and individuals) the core system and the on-
     Reservation water distribution systems.

     SEC. 903. DEFINITIONS.

       In this title:
       (a) Authority.--The term ``Authority'' means the North 
     Central Montana Regional Water Authority established under 
     State law, Mont. Code Ann. Sec. 75-6-301, et. seq. (2001), to 
     allow public agencies to join together to secure and provide 
     water for resale.
       (b) Core System.--The term ``core system'' means a 
     component of the water system as described in section 904(d) 
     and the final engineering report.
       (c) Final Engineering Report.--The term ``final engineering 
     report'' means the final engineering report prepared for the 
     Rocky Boy's/North Central Montana Regional Water System, as 
     approved by the Secretary of the Interior.
       (d) Fund.--The term ``fund'' means the Chippewa Cree Water 
     System Operation, Maintenance, and Replacement Trust Fund.
       (e) On-Reservation Water Distribution Systems.--The term 
     ``on-reservation water distribution systems'' means that 
     portion of the Rocky Boy's/North Central Montana Regional 
     Water system served by the core system and within the 
     boundaries of the Rocky Boy's Reservation. The on-reservation 
     water distribution systems are described in section 904(f) 
     and the final engineering report.
       (f) Noncore System.--The term ``noncore system'' means the 
     rural water system for Chouteau, Glacier, Hill, Liberty, 
     Pondera, Teton, and Toole Counties, Montana, described in 
     section 905(c) and the final engineering report.
       (g) Reservation.--
       (1) In general.--The term ``Reservation'' means the Rocky 
     Boy's Reservation in the State of Montana.
       (2) Inclusions.--The term ``Reservation'' includes all land 
     and interests in land that are held in trust by the United 
     States for the Tribe at the time of the enactment of this 
     title.
       (h) Rocky Boy's/North Central Montana Regional Water 
     System.--The term ``Rocky Boy's/North Central Montana 
     Regional Water System'' means--
       (1) the core system;
       (2) the on-reservation water distribution systems; and
       (3) the non-core system.
       (i) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (j) State.--The term ``State'' means the State of Montana.
       (k) Study.--The term ``study'' means the study entitled 
     ``North Central Montana Regional Water System Planning/
     Environmental Report'' dated May 2000.
       (l) Tribe.--The term ``Tribe'' means--
       (1) the Chippewa Cree Tribe of the Rocky Boy's Reservation; 
     and
       (2) all officers, agents, and departments of the Tribe.

     SEC. 904. ROCKY BOY'S RURAL WATER SYSTEM.

       (a) Final Engineering Report.--The following reports will 
     serve as the basis for the final engineering report for the 
     Rocky Boy's/North Central Montana Regional Water System--
       (1) pursuant to Public Law 104-204, a study, described in 
     section 903(k), that was conducted to study the water and 
     related resources in North Central Montana and to evaluate 
     alternatives for providing a municipal, rural and industrial 
     supply of water to the citizens residing in Chouteau, 
     Glacier, Hill, Liberty, Pondera, Teton, and Toole Counties, 
     Montana, residing both on and off the Reservation; and
       (2) pursuant to section 202 of Public Law 106-163, the 
     Tribe has conducted, through a self-governance agreements 
     with the Secretary of Interior, acting through the Bureau of 
     Reclamation, a feasibility study to evaluate alternatives

[[Page S11781]]

     for providing a municipal, rural and industrial supply of 
     water to the Reservation.
       (3) The Secretary of Interior may require, through the 
     agreements described in subsection (g) and section 905(d), 
     that the final engineering report include appropriate 
     additional study and analyses.
       (b) Core System.--
       (1) In general.--The Secretary is authorized to plan, 
     design, construct, operate, maintain, and replace the core 
     system.
       (2) Federal share.--
       (A) The Federal share of the cost of planning, design, and 
     construction of the core system shall be--
       (i) 100 percent of the Tribal share of costs as identified 
     in section 914; and
       (ii) 80 percent of the authority's share of the total cost 
     for the core system as identified in section 914; and
       (iii) funded through annual appropriations to the Bureau of 
     Reclamation.
       (3) Agreements.--Federal funds made available to carry out 
     this subsection may be obligated and expended only in 
     accordance with the Agreements entered into under subsection 
     (g).
       (c) Operation, Maintenance, and Replacement (OM&R) Core 
     System.--The cost of operation, maintenance, and replacement 
     of the core system shall be allocated as follows--
       (1) 100 percent of the Tribe's share of the OM&R costs, as 
     negotiated in the Agreements, shall be funded through the 
     Chippewa Cree Water System Operation, Maintenance, and 
     Replacement Trust Fund established in section 913;
       (2) 100 percent of the Authority's share of the OM&R costs, 
     as negotiated in the Cooperative Agreements, shall be funded 
     by the Authority and fully reimbursable to the Secretary.

     Federal funds made available to carry out this subsection may 
     be obligated and expended only in accordance with the 
     Agreements entered into under subsection (g) and section 
     905(d).
       (d) Core System Components.--As described in the final 
     engineering report, the core system shall consist of--
       (1) intake, pumping, water storage, and treatment 
     facilities;
       (2) transmission pipelines, pumping stations, and storage 
     facilities;
       (3) appurtenant buildings, maintenance equipment, and 
     access roads;
       (4) all property and property rights necessary for the 
     facilities described in this subsection;
       (5) all interconnection facilities at the core pipeline to 
     the noncore system; and
       (6) electrical power transmission and distribution 
     facilities necessary for services to core system facilities.
       (e) Authority to Acquire Property.--Where, in carrying out 
     the provisions of this title for construction of the core 
     system, it becomes necessary to acquire any rights or 
     property, the Authority, acting pursuant to State law, Mont. 
     Code Ann. Sec. 75-6-313 (2001), is hereby authorized to 
     acquire the same by condemnation under judicial process, and 
     to pay such sums which may be needed for that purpose. 
     Nothing in this section shall apply to land held in trust by 
     the United States.
       (f) On-Reservation Water Distribution Systems.--
       (1) In general.--The Secretary is authorized to operate, 
     maintain, and replace the water distribution systems of the 
     Reservation.
       (2) Operation, maintenance, and replacement.--The cost of 
     operation, maintenance, and replacement of the on-reservation 
     water distribution systems shall be allocated as follows:
       (A) Up to 100 percent of the Tribe's share of the OM&R 
     costs, as negotiated in the Agreements, shall be funded 
     through the Chippewa Cree Water System Operation, 
     Maintenance, and Replacement Trust Fund established in 
     section 913; and
       (3) Agreements.--Federal funds made available to carry out 
     this subsection may be obligated and expended only in 
     accordance with the Agreements entered into under subsection 
     (g).
       (4) Components.--As described in the final engineering 
     report, the on-reservation water distribution systems shall 
     consist of--
       (A) water systems in existence on the date of enactment of 
     this title that may be purchased, improved, and repaired in 
     accordance with the Agreements entered into under subsection 
     (g);
       (B) water systems owned by individual members of the Tribe 
     and other residents of the Reservation;
       (C) any water distribution system that is upgraded to 
     current standards, disconnected from low-quality wells; and
       (D) connections.
       (5) Construction of new facilities, or expansion or 
     rehabilitation of current facilities.--The Tribe shall use 
     $10,000,000 of the $15,000,000 appropriated pursuant to the 
     Chippewa Cree Tribe of the Rocky Boy's Reservation Indian 
     Reserved Water Rights Settlement and Water Supply Enhancement 
     Act of 1999 (Public Law 106-163), plus accrued interest, in 
     the purchase, construction, expansion, or rehabilitation of 
     the on-reservation water distribution systems.
       (g) Agreements.--Federal funds made available to carry out 
     subsections (b), (c), and (f) may be obligated and expended 
     only in accordance with the agreements entered into under 
     this subsection.
       (1) In general.--At the request of the Tribe, the Secretary 
     shall enter into self-governance agreements under title IV of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 458aa et seq.) with the Tribe, in accordance with 
     this title--
       (A) through the Bureau of Reclamation, to plan, design, and 
     construct the core system; and
       (B) through the Bureau of Indian Affairs, to operate, 
     maintain, and replace the core system and the on-Reservation 
     water distribution systems.
       (2) Project oversight administration.--The amount of 
     Federal funds that may be used to provide technical 
     assistance and conduct the necessary construction oversight, 
     inspection, and administration of activities in paragraph 
     (1)(A) shall be negotiated with the Tribe and shall be an 
     allowable project cost.
       (h) Service Area.--The service area of the Rocky Boy's 
     Rural Water System shall be the core system and the 
     Reservation.
       (i) Title to Core System.--Title to the core system--
       (1) shall be held in trust by the United States for the 
     Tribe; and
       (2) shall not be transferred unless a transfer is 
     authorized by an Act of Congress enacted after the date of 
     enactment of this title.
       (j) Technical Assistance.--The Secretary is authorized to 
     provide such technical assistance as is necessary to enable 
     the Tribe to--
       (1) plan, design, and construct the core system, including 
     management training. Such technical assistance shall be 
     deemed as a core system project construction cost; and
       (2) operate, maintain, and replace the core system and the 
     on-reservation water distribution systems. Such technical 
     assistance shall be deemed as a core system and an on-
     reservation water distribution systems operation, 
     maintenance, and replacement cost, as appropriate.

     SEC. 905. NONCORE SYSTEM.

       (a) In General.--The Secretary is authorized to enter into 
     Cooperative Agreements with the Authority to provide Federal 
     funds for the planning, design, and construction of the 
     noncore system in Chouteau, Glacier, Hill, Liberty, Pondera, 
     Teton, and Toole Counties, Montana, outside the Reservation.
       (b) Federal Share.--
       (1) Planning, design, and construction.--The Federal share 
     of the cost of planning, design, and construction of the 
     noncore system shall be 80 percent and will be funded through 
     annual appropriations to the Bureau of Reclamation.
       (2) Operation, maintenance, and replacement of non-core 
     system components.--The cost of operation, maintenance, and 
     replacement associated with water deliveries to the noncore 
     system shall not be a Federal responsibility and shall be 
     borne by the Authority.
       (3) Cooperative agreements.--Federal funds made available 
     to carry out this section may be obligated and expended only 
     in accordance with the Cooperative Agreements entered into 
     under subsection (d).
       (c) Components.--As described in the final engineering 
     report, the components of the noncore system on which Federal 
     funds may be obligated and expended under this section shall 
     include--
       (1) storage, pumping, and pipeline facilities;
       (2) appurtenant buildings, maintenance equipment, and 
     access roads;
       (3) all property and property rights necessary for the 
     facilities described in this subsection;
       (4) electrical power transmission and distribution 
     facilities necessary for service to noncore system 
     facilities; and
       (5) other facilities and services customary to the 
     development of a rural water distribution system in the 
     State.
       (d) Cooperative Agreements.--
       (1) In general.--The Secretary is authorized to enter into 
     the Cooperative Agreements with the Authority to provide 
     Federal funds and necessary assistance for the planning, 
     design, and construction of the non-core system. The 
     Secretary is further authorized to enter into a tri-partite 
     Cooperative Agreement with the Authority and the Tribe 
     addressing the allocation of operation, maintenance and 
     replacement costs for the core system and action that can be 
     undertaken to keep those costs within reasonable levels.
       (2) Mandatory provisions.--The Cooperative Agreements under 
     paragraph (1) shall specify, in a manner that is acceptable 
     to the Secretary and the Authority--
       (A) the responsibilities of each party to the agreements 
     for--
       (i) the final engineering report;
       (ii) engineering and design;
       (iii) construction;
       (iv) water conservation measures;
       (v) environmental and cultural resource compliance 
     activities; and
       (vi) administration of contracts relating to performance of 
     the activities described in clauses (i) through (v);
       (B) the procedures and requirements for approval and 
     acceptance of the design and construction and for carrying 
     out other activities described in subparagraph (A); and
       (C) the rights, responsibilities, and liabilities of each 
     party to the agreements.
       (3) Project oversight administration.--The amount of 
     Federal funds that may be used to provide technical 
     assistance and to conduct the necessary construction 
     oversight, inspection, and administration of activities in 
     paragraph (1) shall be negotiated with the Authority, and 
     shall be an allowable project cost.
       (e) Service Area.--
       (1) In general.--Except as provided in paragraph (2), the 
     service area of the noncore system shall be generally defined 
     as the area--
       (A) north of the Missouri River and Dutton, Montana;
       (B) south of the border between the United States and 
     Canada;
       (C) west of Havre, Montana; -
       (D) east of Cut Bank Creek in Glacier County, Montana; and
       (E) as further defined in the final engineering report, 
     referenced in section 904(a).
       (2) Exclusions from service area.--The service area of the 
     noncore system shall not include the area inside the 
     Reservation.
       (f) Limitation on Use of Federal Funds.--The operation, 
     maintenance, and replacement expenses for the noncore 
     system--
       (1) shall not be a Federal responsibility;

[[Page S11782]]

       (2) shall be borne by the Authority; and
       (3) the Secretary may not obligate or expend any Federal 
     funds for the OM&R of the non-core system.
       (g) Title to Noncore System.--Title to the noncore system 
     shall be held by the Authority.
       (h) Authority to Acquire Property.--Where, in carrying out 
     the provisions of this title for construction of the noncore 
     system, it becomes necessary to acquire any rights or 
     property, the Authority, acting pursuant to State law, Mont. 
     Code Ann. Sec. 75-6-313 (2001), is hereby authorized to 
     acquire the same by condemnation under judicial process, and 
     to pay such sums which may be needed for that purpose. 
     Nothing in this section shall apply to land held in trust by 
     the United States.

     SEC. 906. LIMITATION ON AVAILABILITY OF CONSTRUCTION FUNDS.

       The Secretary shall not obligate funds for construction of 
     the core system or the noncore system until--
       (1) the requirements of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect to 
     the core system and the noncore system;
       (2) the date that is 90 days after the date of submission 
     to Congress of a final engineering report approved and 
     transmitted by the Secretary; and
       (3) the Secretary publishes a written finding that the 
     water conservation plan developed under section 911(a) 
     includes prudent and reasonable water conservation measures 
     for the operation of the Rocky Boy's/North Central Montana 
     Regional Water System that have been shown to be economically 
     and financially feasible.

     SEC. 907. CONNECTION CHARGES.

       The cost of connection of nontribal community water 
     distribution systems and individual service systems to 
     transmission lines of the core system and noncore system 
     shall be the responsibility of the entities receiving water 
     from the transmission lines.

     SEC. 908. AUTHORIZATION OF CONTRACTS.

       The Secretary is authorized to enter into contracts with 
     the Authority for water from Lake Elwell providing for the 
     repayment of its respective share of the construction, 
     operation, maintenance and replacement costs of Tiber dam and 
     reservoir, as determined by the Secretary, in accordance with 
     Federal Reclamation Law (Act of June 17, 1902, 32 Stat. 388, 
     and acts amendatory thereof and supplemental thereto).

     SEC. 909. TIBER RESERVOIR ALLOCATION TO THE TRIBE.

       (a) No Diminishment of Storage.--In providing for the 
     delivery of water to the noncore system, the Secretary shall 
     not diminish the 10,000 acre-feet per year of water stored 
     for the Tribe pursuant to section 201 of the Chippewa Cree 
     Tribe of The Rocky Boy's Reservation Indian Reserved Water 
     Rights Settlement and Water Supply Enhancement Act of 1999 
     (Public Law 106-163) in Lake Elwell, Lower Marias Unit, Upper 
     Missouri Division, Pick-Sloan Missouri Basin Program, 
     Montana.
       (b) Draw of Supply; Purchase of Additional Water.--In 
     providing for delivery of water to Rocky Boy's Indian 
     Reservation for the purposes of this title, the Tribe shall 
     draw its supply from the 10,000 acre-feet per year of water 
     stored for the Tribe pursuant to section 201 of the Chippewa 
     Cree Tribe of The Rocky Boy's Reservation Indian Reserved 
     Water Rights Settlement and Water Supply Act of 1999 (Public 
     Law 106-163) in Lake Elwell, Lower Marias Unit, Upper 
     Missouri Division, Pick-Sloan Missouri Basin Program, 
     Montana. Nothing in this title shall prevent the Tribe from 
     entering into contracts with the Secretary for the purchase 
     of additional water from Lake Elwell.

     SEC. 910. USE OF PICK-SLOAN POWER.

       The Secretary of the Interior, in cooperation with the 
     Secretary of Energy, is directed to make Pick-Sloan Missouri 
     Basin Program preference power available, for the purposes of 
     this title. Power shall be made available when pumps are 
     energized and/or upon completion of the Project.

     SEC. 911. WATER CONSERVATION PLAN.

       (a) In General.--The Tribe and the Authority shall develop 
     and incorporate into the final engineering report a water 
     conservation plan that contains--
       (1) a description of water conservation objectives;
       (2) a description of appropriate water conservation 
     measures; and
       (3) a time schedule for implementing the water conservation 
     measures to meet the water conservation objectives.
       (b) Purpose.--The water conservation plan under subsection 
     (a) shall be designed to ensure that users of water from the 
     core system, on-reservation water distribution systems, and 
     the noncore system will use the best practicable technology 
     and management techniques to conserve water.
       (c) Coordination of Programs.--Section 210(a) and (c) of 
     the Reclamation Reform Act of 1982 (43 U.S.C. 390jj(a) and 
     (c)) shall apply to activities under Section 911 of this 
     title.

     SEC. 912. WATER RIGHTS.

       This title does not--
       (1) impair the validity of or preempt any provision of 
     State water law or any interstate compact governing water;
       (2) alter the right of any State to any appropriated share 
     of the water of any body of surface or ground water, whether 
     determined by any past or future interstate compact or by any 
     past or future legislative or final judicial allocation;
       (3) preempt or modify any Federal or State law or 
     interstate compact concerning water quality or disposal;
       (4) confer on any non-Federal entity the authority to 
     exercise any Federal right to the water of any stream or to 
     any ground water resource; or
       (5) affect any right of the Tribe to water, located within 
     or outside the external boundaries of the Reservation, based 
     on a treaty, compact, Executive Order, Agreements, Act of 
     Congress, aboriginal title, the decision in Winters v. United 
     States, 207 U.S. 564 (1908) (commonly known as the `Winters 
     Doctrine'), or other law.

     SEC. 913. CHIPPEWA CREE WATER SYSTEM OPERATION, MAINTENANCE, 
                   AND REPLACEMENT TRUST FUND.

       (a) Establishment of Trust Fund.--There is established in 
     the Treasury of the United States a trust fund to be known as 
     the ``Chippewa Cree Water System Operation, Maintenance, and 
     Replacement Trust Fund'', to be managed and invested by the 
     Secretary.
       (b) Contents of Fund.--The Fund shall consist of--
       (1) the amount of $15,000,000 as the Federal share, as 
     authorized to be appropriated in section 914(c);
       (2) the Tribe shall deposit into the Fund $5,000,000 of the 
     $15,000,000 appropriated pursuant to the Chippewa Cree Tribe 
     of the Rocky Boy's Reservation Indian Reserved Water Rights 
     Settlement and Water Supply Enhancement Act of 1999 (Public 
     Law 106-163); and
       (3) such interest as may accrue, until expended according 
     to subsections (d) and (f).
       (c) 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 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''), and this 
     title.
       (d) Use of Fund.--The Tribe shall use accrued interest, 
     only, from the Fund for operation, maintenance, and 
     replacement of the core system and the on-reservation 
     distribution, only, pursuant to an operation, maintenance and 
     replacement plan approved by the Secretary.
       (e) Investment of Fund.--The Secretary shall, after 
     consulting with the Tribe on the investment of the Fund, 
     invest amounts in the Fund in accordance with--
       (1) the Act of April 1, 1880 (21 Stat. 70, chapter 41; 25 
     U.S.C. 161);
       (2) the first section of the Act of February 12, 1929 (25 
     U.S.C. 161a);
       (3) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a); and
       (4) subsection (b).
       (f) Expenditures and Withdrawal.--
       (1) Tribal management plan.--
       (A) Withdrawal by tribe.--The 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 Tribe spend any funds only in accordance 
     with the purposes described in subsections 913(d) and (f).
       (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 title.
       (3) Liability.--If the Tribe exercises the right to 
     withdraw monies from the Fund pursuant to the Trust Fund 
     Reform Act, neither the Secretary nor the Secretary of the 
     Treasury shall retain any liability for the expenditure or 
     investment of the monies withdrawn.
       (4) Operation, maintenance, and replacement plan.--
     Expenditures of accrued interest, only, from the Fund may be 
     made for operation, maintenance, and replacement plan 
     approved by the Secretary.
       (A) In general.--The Tribe shall submit to the Secretary 
     for approval an operation, maintenance, and replacement plan 
     for any funds made available to it under this section.
       (B) Description.--The plan shall describe the manner in 
     which, and the purposes for which, funds made available to 
     the Tribe will be used.
       (C) Approval.--On receipt of an expenditure plan under 
     subparagraph (A), the Secretary shall, in a timely manner, 
     approve the plan if the Secretary determines that the plan is 
     reasonable and consistent with this title.
       (5) Availability.--Funds made available from the fund under 
     this section shall be available without fiscal year 
     limitation.
       (6) Annual report.--The Tribe shall submit to the Secretary 
     an annual report that describes all expenditures from the 
     Fund during the year covered by the report.
       (g) No Per Capita Distributions.--No part of the Fund shall 
     be distributed on a per capita basis to members of the Tribe.

     SEC. 914. AUTHORIZATION OF APPROPRIATIONS.

       (a) Core System.--There is authorized to be appropriated 
     $129,280,000 to the Bureau of Reclamation for the planning, 
     design, and construction of the core system. The Tribal 
     portion of the costs shall be 76 percent. The Authority's 
     portion of the costs shall be 24 percent.
       (b) On-Reservation Water Distribution Systems.--The Tribe 
     shall use $10,000,000 of the $15,000,000 appropriated 
     pursuant to the Chippewa Cree Tribe of the Rocky Boy's 
     Reservation Indian Reserved Water Rights Settlement and Water 
     Supply Enhancement Act of 1999 (Public Law 106-163), plus 
     accrued interest, in the purchase, construction, expansion or 
     rehabilitation of the on-reservation water distribution 
     systems.
       (c) Chippewa Cree Water System Operation, Maintenance, and 
     Replacement Trust Fund.--For the Federal contribution to the 
     Fund, established in section 913, there is authorized to be 
     appropriated to the Bureau of Indian Affairs the sum of 
     $7,500,000 each year for fiscal year 2005 and 2006.

[[Page S11783]]

       (d) Noncore System.--There is authorized to be appropriated 
     $73,600,000 to the Bureau of Reclamation for the planning, 
     design, and construction of the noncore system.
       (e) Cost Indexing.--The sums authorized to be appropriated 
     under this section may be increased or decreased by such 
     amounts as are justified by reason of ordinary fluctuations 
     in development costs incurred after the date of enactment of 
     this title, as indicated by engineering cost indices 
     applicable for the type of construction involved.

                         TITLE X--MISCELLANEOUS

     SEC. 1001. SANTEE SIOUX TRIBE, NEBRASKA, WATER SYSTEM STUDY.

       (a) Study.--Pursuant to reclamation laws, the Secretary of 
     the Interior (hereafter in this section referred to as the 
     ``Secretary''), through the Bureau of Reclamation and in 
     consultation with the Santee Sioux Tribe of Nebraska 
     (hereafter in this section referred to 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 section, the Secretary shall 
     transmit to Congress a report containing the results of the 
     study required by subsection (a).
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary $500,000 to carry out 
     this section.

     SEC. 1002. YUROK TRIBE AND HOPLAND BAND INCLUDED IN LONG TERM 
                   LEASING.

       (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 title.

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
concur in the House amendment and the motion to reconsider be laid upon 
the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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