[Congressional Record Volume 149, Number 35 (Wednesday, March 5, 2003)]
[Senate]
[Pages S3175-S3178]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 523. A bill to make technical corrections to law relating to 
Native Americans, and for other purposes; to the Committee on Indian 
Affairs.
  Mr. CAMPBELL. Mr. President, today I am introducing the Indian 
Technical Corrections Act of 2003 to provide routine and 
noncontroversial amendments to Federal statutes affecting Indian tribes 
and Indian people.
  The vast majority of these amendments were included in legislation in 
the last session of Congress that failed to be enacted.
  Though modest, this bill provides real relief to the many tribes that 
seek Congress' assistance.
  I ask unanimous consent that a copy of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 523

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

     SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Native 
     American Technical Corrections Act of 2003''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

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

 TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE 
                               AMERICANS

                    Subtitle A--Technical Amendments

Sec. 101. Ute Mountain Ute Tribe; oil shale reserve.
Sec. 102. Bosque Redondo Memorial Act.
Sec. 103. Navajo-Hopi Land Settlement Act.
Sec. 104. Cow Creek Band of Umpqua Indians.
Sec. 105. Pueblo de Cochiti; modification of settlement.
Sec. 106. Chippewa Cree Tribe; modification of settlement.
Sec. 107. Mississippi Band of Choctaw Indians.

       Subtitle B--Other Provisions Relating to Native Americans

Sec. 111. Barona Band of Mission Indians; facilitation of construction 
              of pipeline to provide water for emergency fire 
              suppression and other purposes.
Sec. 112. Conveyance of Native Alaskan objects.
Sec. 113. Oglala Sioux Tribe; waiver of repayment of expert assistance 
              loans.
Sec. 114. Pueblo of Acoma; land and mineral consolidation.
Sec. 115. Pueblo of Santo Domingo; waiver of repayment of expert 
              assistance loans.
Sec. 116. Quinault Indian Nation; water feasibility study.

[[Page S3176]]

Sec. 117. Santee Sioux Tribe; study and report.
Sec. 118. Seminole Tribe of Oklahoma; waiver of repayment of expert 
              assistance loans.
Sec. 119. Shakopee Mdewakanton Sioux Community.

      TITLE II--PUEBLO OF SANTA CLARA AND PUEBLO OF SAN ILDEFONSO

Sec. 201. Definitions.
Sec. 202. Trust for the Pueblo of Santa Clara, New Mexico.
Sec. 203. Trust for the Pueblo of San Ildefonso, New Mexico.
Sec. 204. Survey and legal descriptions.
Sec. 205. Administration of trust land.
Sec. 206. Effect.
Sec. 207. Gaming.

     TITLE III--DISTRIBUTION OF QUINAULT PERMANENT FISHERIES FUNDS

Sec. 301. Distribution of judgment funds.
Sec. 302. Conditions for distribution.

     SEC. 2. DEFINITION OF SECRETARY.

       In this Act, except as otherwise provided in this Act, the 
     term ``Secretary'' means the Secretary of the Interior.

 TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE 
                               AMERICANS

                    Subtitle A--Technical Amendments

     SEC. 101. UTE MOUNTAIN UTE TRIBE; OIL SHALE RESERVE.

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

     SEC. 102. BOSQUE REDONDO MEMORIAL ACT.

       Section 206 of the Bosque Redondo Memorial Act (16 U.S.C. 
     431 note; Public Law 106-511) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``2000'' and inserting 
     ``2004''; and
       (B) in paragraph (2), by striking ``2001 and 2002'' and 
     inserting ``2005 and 2006''; and
       (2) in subsection (b), by striking ``2002'' and inserting 
     ``2007,''.

     SEC. 103. NAVAJO-HOPI LAND SETTLEMENT ACT.

       Section 25(a)(8) of Public Law 93-531 (commonly known as 
     the ``Navajo-Hopi Land Settlement Act of 1974'') (25 
     U.S.C.40d-24(a) (8)) is amended by striking ``annually for 
     fiscal years 1995, 1996, 1997, 1998, 1999, and 2000'' and 
     inserting ``for each of fiscal years 2003 through 2008''.

     SEC. 104. COW CREEK BAND OF UMPQUA INDIANS.

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

     SEC. 105. PUEBLO DE COCHITI; MODIFICATION OF SETTLEMENT.

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

     SEC. 106. CHIPPEWA CREE TRIBE; MODIFICATION OF SETTLEMENT.

       (a) In General.--Section 101(b)(3) 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; 113 Stat. 1782) is amended by striking 
     ``3 years'' and inserting ``6 years''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to any decree described in section 101(b)(1) 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; 113 Stat. 1782) entered into 
     on or after December 9, 1999.

     SEC. 107. MISSISSIPPI BAND OF CHOCTAW INDIANS.

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

       Subtitle B--Other Provisions Relating to Native Americans

     SEC. 111. BARONA BAND OF MISSION INDIANS; FACILITATION OF 
                   CONSTRUCTION OF PIPELINE TO PROVIDE WATER FOR 
                   EMERGENCY FIRE SUPPRESSION AND OTHER PURPOSES.

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

     SEC. 112. CONVEYANCE OF NATIVE ALASKAN OBJECTS.

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

     SEC. 113. OGLALA SIOUX TRIBE; WAIVER OF REPAYMENT OF EXPERT 
                   ASSISTANCE LOANS.

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

     SEC. 114. PUEBLO OF ACOMA; LAND AND MINERAL CONSOLIDATION.

       (a) Definition of Bidding or Royalty Credit.--The term 
     ``bidding or royalty credit'' means a legal instrument or 
     other written documentation, or an entry in an account 
     managed by the Secretary, that may be used in lieu of any 
     other monetary payment for--
       (1) a bonus bid for a lease sale on the outer Continental 
     Shelf; or
       (2) a royalty due on oil or gas production;
     for any lease located on the outer Continental Shelf outside 
     the zone defined and governed by section 8(g)(2) of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1337(g)(2)).
       (b) Authority.--Notwithstanding any other provision of law, 
     the Secretary may acquire any nontribal interest in or to 
     land (including an interest in mineral or other surface or 
     subsurface rights) within the boundaries of the Acoma Indian 
     Reservation for the purpose of carrying out Public Law 107-
     138 (116 Stat. 6) by issuing bidding or royalty credits under 
     this section in an amount equal to the value of the interest 
     acquired by the Secretary, as determined under section 1(a) 
     of Public Law 107-138 (116 Stat. 6).
       (c) Use of Bidding and Royalty Credits.--On issuance by the 
     Secretary of a bidding or royalty credit under subsection 
     (b), the bidding or royalty credit--
       (1) may be freely transferred to any other person (except 
     that, before any such transfer, the transferor shall notify 
     the Secretary of the transfer by such method as the Secretary 
     may specify); and
       (2) shall remain available for use by any other person 
     during the 5-year period beginning on the date of issuance by 
     the Secretary of the bidding or royalty credit.

     SEC. 115. PUEBLO OF SANTO DOMINGO; WAIVER OF REPAYMENT OF 
                   EXPERT ASSISTANCE LOANS.

       Notwithstanding any other provision of law--

[[Page S3177]]

       (1) the balances of all expert assistance loans made to the 
     Pueblo of Santo Domingo under Public Law 88-168 (77 Stat. 
     301), and relating to Pueblo of Santo Domingo v. United 
     States (Docket No.355 of the United States Court of Federal 
     Claims), including all principal and interest, are canceled; 
     and
       (2) the Secretary shall take such action as is necessary 
     to--
       (A) document the cancellation under paragraph (1); and
       (B) release the Pueblo of Santo Domingo from any liability 
     associated with any loan described in paragraph (1).

     SEC. 116. QUINAULT INDIAN NATION; WATER FEASIBILITY STUDY.

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

     SEC. 117. SANTEE SIOUX TRIBE; STUDY AND REPORT.

       (a) Study.--Pursuant to reclamation laws, the Secretary, 
     acting through the Bureau of Reclamation and in consultation 
     with the Santee Sioux Tribe of Nebraska (referred to in this 
     subtitle as the ``Tribe''), shall conduct a feasibility study 
     to determine the most feasible method of developing a safe 
     and adequate municipal, rural, and industrial water treatment 
     and distribution system for the Santee Sioux Tribe of 
     Nebraska that could serve the tribal community and adjacent 
     communities and incorporate population growth and economic 
     development activities for a period of 40 years.
       (b) Cooperative Agreement.--At the request of the Tribe, 
     the Secretary shall enter into a cooperative agreement with 
     the Tribe for activities necessary to conduct the study 
     required by subsection (a) regarding which the Tribe has 
     unique expertise or knowledge.
       (c) Report.--Not later than 1 year after funds are made 
     available to carry out this subtitle, the Secretary shall 
     submit to Congress a report containing the results of the 
     study required by subsection (a).
       (d) Authorization of Appropriations.--There is authorized 
     to be appropropriated to the Secretary to carry out this 
     section $500,000, to remain available until expended.

     SEC. 118. SEMINOLE TRIBE OF OKLAHOMA; WAIVER OF REPAYMENT OF 
                   EXPERT ASSISTANCE LOANS.

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

     SEC. 119. SHAKOPEE MDEWAKANTON SIOUX COMMUNITY.

       (a) In General.--Notwithstanding any other provision of 
     law, without further authorization by the United States, the 
     Shakopee Mdewakanton Sioux Community in the State of 
     Minnesota (referred to in this section as the ``Community'') 
     may lease, sell, convey, warrant, or otherwise transfer all 
     or any part of the interest of the Community in or to any 
     real property that is not held in trust by the United States 
     for the benefit of the Community.
       (b) No Effect on Trust Land.--Nothing in this section--
       (1) authorizes the Community to lease, sell, convey, 
     warrant, or otherwise transfer all or part of an interest in 
     any real property that is held in trust by the United States 
     for the benefit of the Community; or
       (2) affects the operation of any law governing leasing, 
     selling, conveying, warranting, or otherwise transferring any 
     interest in that trust land.

      TITLE II--PUEBLO OF SANTA CLARA AND PUEBLO OF SAN ILDEFONSO

     SEC. 201. DEFINITIONS.

       In this title:
       (1) Agreement.--The term ``Agreement'' means the agreement 
     entitled ``Agreement to Affirm Boundary Between Pueblo of 
     Santa Clara and Pueblo of San Ildefonso Aboriginal Lands 
     Within Garcia Canyon Tract'', entered into by the Governors 
     on December 20, 2000.
       (2) Boundary line.--The term ``boundary line'' means the 
     boundary line established under section 204(a).
       (3) Governors.--The term ``Governors'' means--
       (A) the Governor of the Pueblo of Santa Clara, New Mexico; 
     and
       (B) the Governor of the Pueblo of San Ildefonso, New 
     Mexico.
       (4) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (5) Pueblos.--The term ``Pueblos'' means--
       (A) the Pueblo of Santa Clara, New Mexico; and
       (B) the Pueblo of San Ildefonso, New Mexico.
       (6) Trust land.--The term ``trust land'' means the land 
     held by the United States in trust under section 202(a) or 
     203(a).

     SEC. 202. TRUST FOR THE PUEBLO OF SANTA CLARA, NEW MEXICO.

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

     SEC. 203. TRUST FOR THE PUEBLO OF SAN ILDEFONSO, NEW MEXICO.

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

     SEC. 204. SURVEY AND LEGAL DESCRIPTIONS.

       (a) Survey.--Not later than 180 days after the date of 
     enactment of this Act, the Office of Cadastral Survey of the 
     Bureau of Land Management shall, in accordance with the 
     Agreement, complete a survey of the boundary line established 
     under the Agreement for the purpose of establishing, in 
     accordance with sections 3102(b) and 3103(b), the boundaries 
     of the trust land.
       (b) Legal Descriptions.--
       (1) Publication.--On approval by the Governors of the 
     survey completed under subsection (a), the Secretary shall 
     publish in the Federal Register--
       (A) a legal description of the boundary line; and
       (B) legal descriptions of the trust land.
       (2) Technical corrections.--Before the date on which the 
     legal descriptions are published under paragraph (1)(B), the 
     Secretary may correct any technical errors in the 
     descriptions of the trust land provided in sections 3102(b) 
     and 3103(b) to ensure that the descriptions are consistent 
     with the terms of the Agreement.
       (3) Effect.--Beginning on the date on which the legal 
     descriptions are published under paragraph (1)(B), the legal 
     descriptions shall be the official legal descriptions of the 
     trust land.

     SEC. 205. ADMINISTRATION OF TRUST LAND.

       (a) In General.--Effective beginning on the date of 
     enactment of this Act--
       (1) the land held in trust under section 202(a) shall be 
     declared to be a part of the Santa Clara Indian Reservation; 
     and
       (2) the land held in trust under section 203(a) shall be 
     declared to be a part of the San Ildefonso Indian 
     Reservation.
       (b) Applicable Law.--
       (1) In general.--The trust land shall be administered in 
     accordance with any law (including regulations) or court 
     order generally applicable to property held in trust by the 
     United States for Indian tribes.
       (2) Pueblo lands act.--The following shall be subject to 
     section 17 of the Act of June 7, 1924 (commonly known as the 
     ``Pueblo Lands Act'') (25 U.S.C. 331 note):
       (A) The trust land.
       (B) Any land owned as of the date of enactment of this Act 
     or acquired after the date of

[[Page S3178]]

     enactment of this Act by the Pueblo of Santa Clara in the 
     Santa, Clara Pueblo Grant.
       (C) Any land owned as of the date of enactment of this Act 
     or acquired after the date of enactment of this Act by the 
     Pueblo of San Ildefonso in the San Ildefonso Pueblo Grant.
       (c) Use of Trust Land.--
       (1) In general.--Subject to the criteria developed under 
     paragraph (2), the trust land may be used only for--
       (A) traditional and customary uses; or
       (B) stewardship conservation for the benefit of the Pueblo 
     for which the trust land is held in trust.
       (2) Criteria.--The Secretary shall work with the Pueblos to 
     develop appropriate criteria for using the trust land in a 
     manner that preserves the trust land for traditional and 
     customary uses or stewardship conservation.
       (3) Limitation.--Beginning on the date of enactment of this 
     Act, the trust land shall not be used for any new commercial 
     developments.

     SEC. 206. EFFECT.

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

     SEC. 207. GAMING.

       Land taken into trust under this title shall neither be 
     considered to have been taken into trust, nor be used for, 
     gaming (as that term is used in the Indian Gaming Regulatory 
     Act (25 U.S.C. 2701 et seq.)).

     TITLE III--DISTRIBUTION OF QUINAULT PERMANENT FISHERIES FUNDS

     SEC. 301. DISTRIBUTION OF JUDGMENT FUNDS.

       (a) Funds To Be Deposited Into Separate Accounts.--
       (1) In general.--Subject to section 302, not later than 30 
     days after the date of enactment of this Act, the funds 
     appropriated on September 19, 1989, in satisfaction of an 
     award granted to the Quinault Indian Nation under Dockets 
     772-71, 773-71, 774-71, and 775-71 before the United States 
     Claims Court, less attorney fees and litigation expenses, and 
     including all interest accrued to the date of disbursement, 
     shall be distributed by the Secretary and deposited into 3 
     separate accounts to be established and maintained by the 
     Quinault Indian Nation (referred to in this title as the 
     ``Tribe'') in accordance with this subsection.
       (2) Account for principal amount.--
       (A) In general.--The Tribe shall--
       (i) establish an account for the principal amount of the 
     judgment funds; and
       (ii) use those funds to establish a Permanent Fisheries 
     Fund.
       (B) Use and investment.--The principal amount described in 
     subparagraph (A)(i)--
       (i) except as provided in subparagraph (A)(ii), shall not 
     be expended by the Tribe; and
       (ii) shall be invested by the Tribe in accordance with the 
     investment policy of the Tribe.
       (3) Account for investment income.--
       (A) In general.--The Tribe shall establish an account for, 
     and deposit in the account, all investment income earned on 
     amounts in the Permanent Fisheries Fund established under 
     paragraph (2)(A)(ii) after the date of distribution of the 
     funds to the Tribe under paragraph (1).
       (B) Use of funds.--Funds deposited in the account 
     established under subparagraph (A) shall be available to the 
     Tribe--
       (i) subject to subparagraph (C), to carry out fisheries 
     enhancement projects; and
       (ii) pay expenses incurred in administering the Permanent 
     Fisheries Fund established under paragraph (2)(A)(ii).
       (C) Specification of projects.--Each fisheries enhancement 
     project carried out under subparagraph (B)(i) shall be 
     specified in the approved annual budget of the Tribe.
       (4) Account for income on judgment funds.--
       (A) In general.--The Tribe shall establish an account for, 
     and deposit in the account, all investment income earned on 
     the judgment funds described in subsection (a) during the 
     period beginning on September 19, 1989, and ending on the 
     date of distribution of the funds to the Tribe under 
     paragraph (1).
       (B) Use of funds.--
       (i) In general.--Subject to clause (ii), funds deposited in 
     the account established under subparagraph (A) shall be 
     available to the Tribe for use in carrying out tribal 
     government activities.
       (ii) Specification of activities.--Each tribal government 
     activity carried out under clause (i) shall be specified in 
     the approved annual budget of the Tribe.
       (b) Determination of Amount of Funds Available.--Subject to 
     compliance by the Tribe with paragraphs (3)(C) and (4)(B)(ii) 
     of subsection (a), the Quinault Business Committee, as the 
     governing body of the Tribe, may determine the amount of 
     funds available for expenditure under paragraphs (3) and (4) 
     of subsection (a).
       (c) Annual Audit.--The records and investment activities of 
     the 3 accounts established under subsection (a) shall--
       (1) be maintained separately by the Tribe; and
       (2) be subject to an annual audit.
       (d) Reporting of Investment Activities and Expenditures.--
     Not later than 120 days after the date on which each fiscal 
     year of the Tribe ends, the Tribe shall make available to 
     members of the Tribe a full accounting of the investment 
     activities and expenditures of the Tribe with respect to each 
     fund established under this section (which may be in the form 
     of the annual audit described in subsection (c)) for the 
     fiscal year.

     SEC. 302. CONDITIONS FOR DISTRIBUTION.

       (a) United States Liability.--On disbursement to the Tribe 
     of the funds under section 301(a), the United States shall 
     bear no trust responsibility or liability for the investment, 
     supervision, administration, or expenditure of the funds.
       (b) Application of Other Law.--All funds distributed under 
     this title shall be subject to section 7 of the Indian Tribal 
     Judgment Funds Use or Distribution Act (25 U.S.C. 1407).
                                 ______