[Congressional Record Volume 149, Number 174 (Tuesday, November 25, 2003)]
[Senate]
[Pages S15978-S15981]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 1955. A bill to make technical corrections to laws relating to 
Native Americans, and for other purposes; to the Committee on Indian 
Affairs.
  Mr. CAMPBELL. Mr. President, today I am introducing the Native 
American Technical Corrections Act of 2004 to provide amendments to 
certain Federal statutes affecting Indian tribes and Indian people.
  Though a modest bill, when it is enacted it will provide real relief 
to the affected tribes that seek Congress' help in removing the many 
obstacles that block the paths to greater levels of advancement.
  I ask unanimous consent that the text of the legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1955

       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 2004''.
       (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

Sec. 101. National Fund for Excellence in American Indian Education.
Sec. 102. Indian Financing Act Amendment.
Sec. 103. Exchanged Indian land.
Sec. 104. Indian tribal justice technical and legal assistance.
Sec. 105. Tribal justice systems.
Sec. 106. Authorization of 99-year leases for the Prairie Band of 
              Potawatomi.
Sec. 107. Navajo healthcare contracting.
Sec. 108. Crow Tribal Trust Fund.
Sec. 109. Fallon Paiute-Shoshone Tribe Settlement Fund.
Sec. 110. ANCSA amendment.

   TITLE II--COWLITZ INDIAN TRIBE DISTRIBUTION OF JUDGMENT FUNDS ACT

Sec. 201. Cowlitz Indian Tribe Distribution of Judgment Funds Act.

[[Page S15979]]

Sec. 202. Definitions.
Sec. 203. Judgment distribution plan.
Sec. 204. Distribution and use of funds.

 TITLE III--ASSINIBOINE AND SIOUX TRIBES OF THE FORT PECK RESERVATION.

Sec. 301. Short title.
Sec. 302. Findings and purpose.
Sec. 303. Definitions.
Sec. 304. Distribution of judgment funds.
Sec. 305. Applicable law.

          TITLE IV--UTU UTU GWAITU PAIUTE INDIAN LAND TRANSFER

Sec. 401. Transfer.

     SEC. 2. DEFINITION OF SECRETARY.

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

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

     SEC. 101. NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN 
                   EDUCATION.

       Title V of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 458bbb) is amended--
       (1) by striking the title heading and inserting the 
     following:

``TITLE V--NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN EDUCATION'';

       (2) in section 501 (25 U.S.C. 458bbb)--
       (A) by striking the section heading and inserting the 
     following:

     ``SEC. 501. NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN 
                   EDUCATION.'';

     and
       (B) in subsection (a), by striking ``the American Indian 
     Education Foundation'' and inserting ``a foundation to be 
     known as the `National Fund for Excellence in American Indian 
     Education' ''; and
       (3) in section 503(2) (25 U.S.C. 458bbb-2(2)), by striking 
     ``Foundation'' the second place it appears and inserting 
     ``National Fund for Excellence in American Indian 
     Education''.

     SEC. 102. INDIAN FINANCING ACT AMENDMENT.

       (a) Loan Guaranties and Insurance.--Section 201 of the 
     Indian Financing Act of 1974 (25 U.S.C. 1481) is amended--
       (1) by striking ``the Secretary is authorized (a) to 
     guarantee'' and inserting ``the Secretary may--
       ``(1) guarantee'';
       (2) by striking ``members; and (b) in lieu of such 
     guaranty, to insure'' and inserting ``members; or
       ``(2) to insure'';
       (3) by striking ``Sec. 201. In order'' and inserting the 
     following:

     ``SEC. 201. LOAN GUARANTIES AND INSURANCE.

       ``(a) In General.--In order''; and
       (4) by adding at the end the following:
       ``(b) Eligible Borrowers.--The Secretary may guarantee or 
     insure loans under subsection (a) to both for-profit and 
     nonprofit borrowers.''.
       (b) Loan Approval.--Section 204 of the Indian Financing Act 
     of 1974 (25 U.S.C. 1484) is amended by striking ``Sec. 204.'' 
     and inserting the following:

     ``SEC. 204. LOAN APPROVAL.''.

     SEC. 103. EXCHANGED INDIAN LAND.

       Notwithstanding any other provision of law, if--
       (1) any portion of the Indian country (as defined in 
     section 1151 of title 18, United States Code) under the 
     jurisdiction of an Indian tribe was subject to a government 
     taking for a project that received any funding under Public 
     Law 85-500;
       (2) the Indian tribe applies for land to be taken into 
     trust by the Federal Government; and
       (3) the Secretary of the Interior accepts the land into 
     trust on behalf of the Indian tribe;

     the land shall be deemed for all purposes to have been 
     acquired in trust as of the date of the taking.

     SEC. 104. INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL 
                   ASSISTANCE.

       Sections 106 and 201(d) of the Indian Tribal Justice 
     Technical and Legal Assistance Act (25 U.S.C. 3666, 3681(d)) 
     are amended by striking ``for fiscal years 2000 through 
     2004'' and inserting ``for fiscal years 2004 through 2010''.

     SEC. 105. TRIBAL JUSTICE SYSTEMS.

       Subsections (a), (b), (c), and (d) of section 201 of the 
     Indian Tribal Justice Act (25 U.S.C. 3621) are amended by 
     striking ``2007'' and inserting ``2010''.

     SEC. 106. AUTHORIZATION OF 99-YEAR LEASES FOR THE PRAIRIE 
                   BAND OF POTAWATOMI.

       (a) In General.--Subsection (a) of the first section of the 
     Act of August 9, 1955 (25 U.S.C. 415(a)) is amended in the 
     second sentence--
       (1) by inserting ``the reservation of the Prairie Band 
     Potawatomi Nation Reservation,'' after ``Spanish Grant'),''; 
     and
       (2) by inserting ``lands held in trust for the Prairie Band 
     Potawatomi Nation,'' before ``lands held in trust for the 
     Cherokee Nation of Oklahoma''.
       (b) Effective Date.--The amendments made by subsection (a) 
     apply to any lease entered into or renewed on or after the 
     date of enactment of this Act.

     SEC. 107. NAVAJO HEALTHCARE CONTRACTING.

       Congress authorizes the Navajo Area Office of the Indian 
     Health Service to reprogram contract healthcare service 
     dollars for the Navajo Health Foundation/Sage Memorial 
     Hospital 638 contract.

     SEC. 108. CROW TRIBAL TRUST FUND.

       Section 6(d) of the Crow Boundary Settlement Act of 1994 
     (25 U.S.C. 1776d(d)), is amended--
       (1) in the subsection heading, by inserting ``and Capital 
     Gains'' after ``Interest'';
       (2) in paragraph (1), by striking ``Only'' and inserting 
     ``Except as provided in paragraph (4), only''; and
       (3) by adding at the end the following:
       ``(4) Distribution of capital gains.--Notwithstanding 
     subsection (f) or any other provision of law, capital gains 
     and any other noninterest income received on funds in the 
     Crow Tribal Trust Fund shall be available for distribution by 
     the Secretary to the Crow Tribe to the extent that the 
     balance in the Crow Tribal Trust Fund (including capital 
     gains) exceeds $85,000,000, for the same uses and subject to 
     the same restrictions in paragraphs (1) and (3) as are 
     applicable to distributions of interest.''.

     SEC. 109. FALLON PAIUTE-SHOSHONE TRIBE SETTLEMENT FUND.

       Section 102 of the Fallon Paiute Shoshone Indian Tribes 
     Water Rights Settlement Act of 1990 (104 Stat. 3289) is 
     amended--
       (1) In subsection (C)--
       (A) in paragraph (1), by striking ``The income of the Fund 
     may be obligated and expended only for the following 
     purposes:'' and inserting the following: ``Notwithstanding 
     any conflicting provision in the original Fund plan developed 
     in consultation with the Secretary under subsection (f), 
     during fiscal year 2004 and each subsequent fiscal year, 6 
     percent of the average quarterly market value of the Fund 
     during the immediately preceding 3 fiscal years (referred to 
     in this title as the `Annual 6 percent Amount') may be 
     expended or obligated only for the purposes specified in 
     subparagraphs (a) through (f) of this section. In addition, 
     during each fiscal year subsequent to Fund fiscal year 2004, 
     any unexpended and unobligated portion of the Annual 6 
     percent Amount from any of the 3 immediately preceding Fund 
     fiscal years subsequent to fiscal year 2003, not including 
     any income that may accrue on that portion may also be 
     expended or obligated only for the following purposes:''; and
       (B) by striking paragraphs (2) through (4) and inserting 
     the following:
       ``(2) No monies from the Fund other than the amounts 
     authorized in subsection (C)(1) may be expended or obligated 
     for any purpose.
       ``(3) Notwithstanding any conflicting provision in the 
     original Fund plan, during fiscal year 2004 and each 
     subsequent fiscal year, not more than 20 percent of the 
     Annual 6 percent Amount for the fiscal year (referred to in 
     this title as the `Annual 1.2 percent Amount') may be 
     expended or obligated under subsection (c)(1)(C) for per 
     capita distributions to tribal members, provided that during 
     each Fund fiscal year subsequent to fiscal year 2004, any 
     unexpended and unobligated portion of the Annual 1.2 percent 
     Amount from any of the 3 immediately preceding Fund fiscal 
     years subsequent to fiscal year 2003, not including any 
     income that may accrue on that portion, may also be expended 
     or obligated for such per capita payments.''; and
       (2) in subsection (D), by adding at the end the following: 
     ``Notwithstanding any conflicting provision in the original 
     Fund plan, the Fallon Business Council, in consultation with 
     the Secretary, shall promptly amend the original plan for 
     purposes of conforming the plan to this title and making 
     nonsubstantive updates, improvements, or corrections to the 
     original plan.''.

     SEC. 110. ANCSA AMENDMENT.

       All land and interests in land in the State of Alaska 
     conveyed by the Federal Government under the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.) to a Native 
     Corporation and reconveyed by that Native Corporation, or a 
     successor in interest, in exchange for any other land or 
     interest in land in the State of Alaska and located within 
     the same region (as defined in section 9(a) of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1608(a)), to a Native 
     Corporation under an exchange or other conveyance, shall be 
     deemed, notwithstanding the conveyance or exchange, to have 
     been conveyed pursuant to that Act.

   TITLE II--COWLITZ INDIAN TRIBE DISTRIBUTION OF JUDGMENT FUNDS ACT

     SEC. 201. COWLITZ INDIAN TRIBE DISTRIBUTION OF JUDGMENT FUNDS 
                   ACT.

       This title shall be known as the ``Cowlitz Indian Tribe 
     Distribution of Judgment Funds Act''.

      SEC. 202. DEFINITIONS.

       In this title:
       (1) Current judgment fund.--The term ``current judgment 
     fund'' means the funds awarded by the Indian Claims 
     Commission Docket No. 218 and all interest accrued on the 
     funds as of the date of enactment of this Act.
       (2) Initial interest.--The term ``initial interest'' means 
     the interest on the funds awarded by the Indian Claims 
     Commission Docket No. 218 during the time period from 1 year 
     before the date of enactment of this Act through the date of 
     enactment of this Act.
       (3) Principal.--The term ``principal'' means the funds 
     awarded by the Indian Claims Commission Docket No. 218 and 
     all interest accrued on the funds as of 1 year before the 
     date of enactment of this Act.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) Tribe.--The term ``Tribe'' means the Cowlitzq Indian 
     Tribe of Washington, to which the Secretary extended Federal 
     recognition on December 31, 2001, under part 83 of title 25, 
     Code of Federal Regulations.

[[Page S15980]]

       (6) Tribal member.--The term ``tribal member'' means an 
     individual who is an enrolled member of the Cowlitz Indian 
     Tribe in accordance with tribal enrollment procedures and 
     requirements.
       (7) Tribal elder.--The term ``tribal elder'' means a tribal 
     member who was 62 years of age or older as of February 14, 
     2000.

      SEC. 203. JUDGMENT DISTRIBUTION PLAN.

       Notwithstanding the Indian Tribal Judgment Funds Use or 
     Distribution Act (25 U.S.C. 1401 et seq.), or any plan 
     prepared or promulgated by the Secretary under that Act, the 
     judgment funds awarded in Indian Claims Commission Docket No. 
     218 and interest accrued on those funds as of the date of 
     enactment of this Act shall be distributed and used in 
     accordance with this title.

      SEC. 204. DISTRIBUTION AND USE OF FUNDS.

       (a) Preservation of Principal After Elderly Assistance and 
     Tribal Administration Payments.--
       (1) In general.--Except as provided in subsection (b), the 
     principal shall not be distributed under this title.
       (2) Disbursements.--The Secretary shall--
       (A) maintain undistributed current judgment funds in an 
     interest-bearing account in trust for the Tribe; and
       (B) disburse principal or interest in accordance with this 
     title not later than 30 days after receipt by the Northwest 
     Regional Director of the Bureau of Indian Affairs of a 
     request by the Cowlitz Tribal Council for a disbursement of 
     funds.
       (b) Elderly Assistance Program.--
       (1) Setaside.--From the current judgment fund, the 
     Secretary shall set aside 20 percent for an elderly 
     assistance payment.
       (2) Payments.--The Secretary shall provide 1 elderly 
     assistance payment to each enrolled tribal elder not later 
     than 30 days after all of the following have occurred:
       (A) List of enrolled members.--The Cowlitz Tribal Council 
     has compiled and reviewed for accuracy a list of all enrolled 
     tribal members that are both a minimum of \1/16\ Cowlitz 
     blood and 62 years of age or older as of February 14, 2000.
       (B) Verification.--The Secretary has verified the blood 
     quantum and age of the tribal members identified on the list 
     under subparagraph (A).
       (C) Request for disbursement.--The Cowlitz Tribal Council 
     has made a request for disbursement of judgment funds for the 
     elderly assistance payment.
       (3) Death of tribal elder.--If a tribal elder eligible for 
     an elderly assistance payment dies before receiving payment 
     under this subsection, the funds that would have been paid to 
     the tribal elder shall be added to and distributed in 
     accordance with the emergency assistance program under 
     subsection (c).
       (4) Costs.--The Secretary shall pay all costs of 
     distribution under this subsection out of the amount set 
     aside under paragraph (1).
       (c) Emergency Assistance Program.--
       (1) Setaside.--From the principal, the Secretary shall set 
     aside 10 percent for an emergency assistance program.
       (2) Distribution of interest.--Beginning the second year 
     after the date of enactment of this Act, interest earned on 
     the amount setaside--
       (A) shall be distributed annually in a lump sum to the 
     Cowlitz Tribal Council; and
       (B) shall be used to provide emergency assistance for 
     tribal members.
       (3) Availability of interest.--Of the initial interest, 10 
     percent shall be available on the date of enactment of this 
     Act shall be used to fund the program for the first year 
     after the date of enactment of this Act.
       (d) Education, Vocational, and Cultural Training Program.--
       (1) Setaside.--From the principal, the Secretary shall set 
     aside 10 percent for an education, vocational, and cultural 
     training program.
       (2) Distribution of interest.--Beginning the second year 
     after the date of enactment of this Act, interest earned on 
     the amount setaside--
       (A) shall be distributed annually in a lump sum to the 
     Cowlitz Tribal Council; and
       (B) shall be used to provide scholarships to tribal members 
     pursuing educational advancement, including cultural and 
     vocational training.
       (3) Availability of interest.--Of the initial interest, 10 
     percent shall be available upon the date of enactment of this 
     Act to fund the program for the first year after the date of 
     enactment of this Act.
       (e) Housing Assistance Program.--
       (1) Setaside.--From the principal, the Secretary shall set 
     aside 5 percent for a housing assistance program.
       (2) Distribution of interest.--Beginning the second year 
     after the date of enactment of this Act, interest earned on 
     the amount set aside--
       (A) shall be disbursed annually in a lump sum to the 
     Cowlitz Tribal Council; and
       (B) shall be--
       (i) used as a supplement to any existing tribal housing 
     improvements program; or
       (ii) used in a separate housing assistance Program 
     established by the Cowlitz Tribal Council.
       (3) Availability of interest.--Of the initial interest, 5 
     percent shall be available on the date of enactment of this 
     Act to fund the program for the first year after the date of 
     enactment of this Act.
       (f) Economic Development, Tribal, and Cultural Centers.--
       (1) Setaside.--From the principal, the Secretary shall set 
     aside 21.5 percent--
       (A) for economic development; and
       (B) if other funding is not available or not adequate (as 
     determined by the Tribe), for the construction and 
     maintenance of tribal and cultural centers.
       (2) Distribution of interest.--Beginning the second year 
     after the date of enactment of this Act, interest earned on 
     the amount set aside--
       (A) shall be disbursed annually in a lump sum to the 
     Cowlitz Tribal Council; and
       (B) shall be used for--
       (i) property acquisition for business or other activities 
     that are likely to benefit the Tribe economically or provide 
     employment for tribal members;
       (ii) business development for the Tribe, including 
     collateralization of loans for the purchase or operation of 
     businesses, matching funds for economic development grants, 
     joint venture partnerships, and other similar ventures that 
     are likely to produce profits for the Tribe; and
       (iii) design, construction, maintenance, and operation of 
     tribal centers and cultural centers.
       (3) Loan repayment.--The principal and interest of any 
     business loan made under paragraph (2) shall be repaid to the 
     economic development program for reinvestments, and business 
     profits shall be credited to the general fund of the Tribe 
     for uses to be determined by the Cowlitz Tribal Council.
       (4) Availability of interest.-- 21.5 percent of the initial 
     interest available upon the date of enactment of this Act to 
     fund the program for the first year after the date of 
     enactment of this Act.
       (g) Natural Resources.--
       (1) Setaside.--From the principal, the Secretary shall set 
     aside 7.5 percent for natural resources.
       (2) Distribution of interest.--Beginning the second year 
     after the date of enactment of this Act, interest earned on 
     the amount set aside--
       (A) shall be disbursed annually in a lump sum to the 
     Cowlitz Tribal Council; and
       (B) may be added to any existing tribal natural resource 
     program to enhance the use and enjoyment by the Tribe of 
     existing and renewable natural resources on tribal land.
       (3) Availability of interest.--7.5 percent of the initial 
     interest shall be available upon the date of enactment of 
     this Act to fund the program for the first year after the 
     date of enactment of this Act.
       (h) Cultural Resources.--
       (1) Setaside.--From the principal, the Secretary shall set 
     aside 4 percent for cultural resources.
       (2) Distribution of interest.--Beginning the second year 
     after the date of enactment of this Act, interest earned on 
     the amount set aside--
       (A) shall be distributed annually in a lump sum to the 
     Cowlitz Tribal Council; and
       (B) shall be used to--
       (i) maintain artifacts;
       (ii) collect documents; and
       (iii) archive and identify cultural sites of tribal 
     significance.
       (3) Availability or interest.--Of the initial interest, 4 
     percent shall be available on the date of enactment of this 
     Act to fund the program for the first year after the date of 
     enactment of this Act.
       (i) Health.--
       (1) Setaside.--From the principal, the Secretary shall set 
     aside 21 percent for health.
       (2) Distribution of interest.--Beginning the second year 
     after the date of enactment of this Act, interest earned on 
     the amount set aside--
       (A) shall be disbursed annually in a lump sum to the 
     Cowlitz Tribal Council; and
       (B) shall be used for the health needs of the Tribe.
       (3) Availability of interest.--21 percent of the initial 
     interest shall be available on the date of enactment of this 
     Act to fund the program for the first year after the date of 
     enactment of this Act.
       (j) Tribal Administration Program.--
       (1) Setaside.--From the principal, the Secretary shall set 
     aside 21 percent for tribal administration.
       (2) Distribution of interest.--
       (A) Initial distribution.--Of the initial interest, 21 
     percent, and of the principal, the difference between 21 
     percent of the initial interest and $150,000, shall be set 
     aside and immediately disbursed to the Tribe for the purposes 
     of funding tribal administration for the first year after the 
     date of enactment of this Act.
       (B) Subsequent distribution.--Beginning the second year 
     after the date of enactment of this Act, interest earned on 
     the remaining principal set aside under this subsection shall 
     be disbursed annually in a lump sum to pay the operating 
     costs of the Cowlitz Tribal Council, including travel, 
     telephone, cultural, and other expenses incurred in the 
     conduct of the affairs of the Tribe and legal fees as 
     approved by the Cowlitz Tribal Council.
       (k) General Conditions.--
       (1) In general.--The conditions stated in this subsection 
     apply to the management and use of all funds available under 
     this title by the Cowlitz Tribal Council.
       (2) Administrative costs.--Not more than 10 percent of the 
     interest earned on the principal designated for the program 
     under any subsection, except the programs under subsections 
     (i) and (j), may be used for the administrative costs of the 
     program.
       (3) No service area.--
       (A) In general.--No service area is implied or imposed 
     under any program under this title.

[[Page S15981]]

       (B) Members outside service area.--If the costs of 
     administering any program under this Act for the benefit of 
     tribal members living outside the Tribe's Indian Health 
     Service area are greater than 10 percent of the interest 
     earned on the principal designated for that program, the 
     Cowlitz Tribal Council may authorize the expenditure of such 
     funds for that program.
       (3) Approval.--Before any expenditures, the Cowlitz Tribal 
     Council shall approve all programs and shall publish in a 
     publication of general circulation regulations that provide 
     standards and priorities for programs under this title.
       (4) Applicability of other law.--Section 7 of the Indian 
     Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 
     1407) shall apply to funds available under this title.
       (5) Appeal.--
       (A) In general.--Any tribal member who believes that he or 
     she has been unfairly denied the right to take part in any 
     program under this title may appeal to the tribal secretary.
       (B) Resolution.--The tribal secretary shall bring the 
     appeal to the Cowlitz Tribal Council for resolution.
       (C) Timely response.--The resolution shall be made in a 
     timely manner, and the tribal secretary shall respond to the 
     tribal member.

  TITLE III--ASSINIBOINE AND SIOUX TRIBES OF THE FORT PECK RESERVATION

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Assiniboine and Sioux 
     Tribes of the Fort Peck Reservation Judgment Fund 
     Distribution Act of 2003''.

      SEC. 302. FINDINGS.

       Congress finds that--
       (1) on December 18, 1987, the Assiniboine and Sioux Tribes 
     of the Fort Peck Reservation and 5 individual Fort Peck 
     tribal members filed a complaint in the United States Claims 
     Court (currently the Court of Federal Claims) in the case of 
     Assiniboine and Sioux Tribes of the Fort Peck Reservation v. 
     United States of America, Docket No. 773-87-L, to recover 
     interest earned on trust funds while those funds were held in 
     special deposit accounts and Indian Moneys-Proceeds of Labor 
     accounts;
       (2) the Court held that the United States was liable for 
     any income derived from investment of the trust funds of the 
     Tribe and individual members of the Tribe for the period 
     during which those funds were held in special deposit 
     accounts and Indian Moneys-Proceeds of Labor accounts;
       (3) on December 31, 1998, the plaintiffs entered into a 
     settlement with the United States for claims made in the case 
     for payment by the United States of--
       (A) $1,339,415.33, representing interest earned on funds 
     while held in special deposit accounts at the Fort Peck 
     Agency during the period August 13, 1946, through September 
     30, 1981;
       (B) $2,749,354.41, representing--
       (i) interest on the principal indebtedness for the period 
     from August 13, 1946, through July 31, 1998; plus
       (ii) $364.27 in per diem interest on the principal 
     indebtedness for each day during the period commencing August 
     1, 1998, and ending on the date on which the judgment is 
     paid; and
       (C) $350,000, representing the litigation costs and 
     attorney's fees that the Tribe incurred to prosecute the 
     claims;
       (4) the terms of the settlement were approved by the Court 
     on January 8, 1999, and judgment was entered on January 12, 
     1999;
       (5) on March 18, 1999, $4,522,551.84 was transferred to the 
     Department of the Interior;
       (6) that judgment amount was deposited in an escrow account 
     established to provide--
       (A) $350,000 for the payment of attorney's fees and 
     expenses; and
       (B) $4,172,551.84 for pending Court-ordered distribution to 
     the Tribe and individual Indian trust beneficiaries;
       (7) on January 31, 2001, the Court approved a joint 
     stipulation that established procedures for--
       (A) identification of the class of individual Indians 
     having an interest in the judgment;
       (B) notice to and certification of that class; and
       (C) the distribution of the judgment amount to the Tribe 
     and affected class of individual Indians;
       (8)(A) on or about February 14, 2001, in accordance with 
     the Court-approved stipulation, $643,186.73 was transferred 
     to an account established by the Secretary for the benefit of 
     the Tribe; and
       (B) that transferred amount represents--
       (i) 54.2 percent of the Tribe's estimated 26-percent share 
     of the amount referred to in paragraph (6)(B); plus
       (ii) 50 percent of the Tribe's estimated 26-percent share 
     of interest and capital gains earned on the judgment amount 
     from the period beginning March 18, 1999, and ending on 
     December 31, 2000;
       (9) under the Court-approved stipulation--
       (A) that transferred amount is to remain available for use 
     by the Tribe in accordance with a plan adopted under the 
     Indian Tribal Judgment Funds Use or Distribution Act (25 
     U.S.C. 1401 et seq.);
       (B) the Tribe will most likely receive additional payments 
     from the distribution amount once the identification of all 
     individuals eligible to share in the distribution amount is 
     completed and the pro rata shares are calculated; and
       (C) those additional payments would include--
       (i) the balance of the share of the Tribe of the 
     distribution amount and investment income earned on the 
     distribution amount;
       (ii) the portion of the distribution amount that represents 
     income derived on funds in special deposit accounts that are 
     not attributable to the Tribe or any individual Indian; and
       (iii) the portion of the distribution amount that 
     represents shares attributable to individual Indians that--

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

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

      SEC. 303. DEFINITIONS.

       In this title:
       (1) Court.--The term ``Court'' means the Court of Federal 
     Claims.
       (2) Distribution amount.--The term ``distribution amount'' 
     means the amount referred to in section 302(6)(B).
       (3) Judgment amount.--The term ``judgment amount'' means 
     the amount referred to in section 302(5).
       (4) Principal indebtedness.--The term ``principal 
     indebtedness'' means the amount referred to in section 
     302(3)(A).
       (5) Tribe.--The term ``Tribe'' means the Assiniboine and 
     Sioux Tribes of the Fort Peck Reservation.

      SEC. 304. DISTRIBUTION OF JUDGMENT FUNDS.

       (a) In General.--Notwithstanding any provision of the 
     Indian Tribal Judgment Funds Use or Distribution Act (25 
     U.S.C. 1401 et seq.), the share of the Tribe of the 
     distribution amount, and such additional amounts as may be 
     awarded to the Tribe by the Court with respect to the case 
     referred to in section 302(1) (including any interest accrued 
     on those amounts)--
       (1) shall be made available for tribal health, education, 
     housing, and social services programs of the Tribe, 
     including--
       (A) educational and youth programs;
       (B) programs for improvement of facilities and housing;
       (C) programs to provide equipment for public utilities;
       (D) programs to provide medical assistance or dental, 
     optical, or convalescent equipment; and
       (E) programs to provide senior citizen and community 
     services; and
       (2) shall not be available for per capita distribution to 
     any member of the Tribe.
       (b) Budget Specification.--The specific programs for which 
     funds are made available under subsection (a)(1), and the 
     amount of funds allocated to each of those programs, shall be 
     specified in an annual budget developed by the Tribe and 
     approved by the Secretary.

      SEC. 305. APPLICABLE LAW.

       Except as provided in section 304(a), all funds distributed 
     under this title are subject to sections 7 and 8 of the 
     Indian Tribal Judgment Funds Use or Distribution Act (25 
     U.S.C. 1407, 1408).

          TITLE IV--UTU UTU GWAITU PAIUTE INDIAN LAND TRANSFER

     SEC. 401. TRANSFER.

       Section 902(b) of the California Indian Land Transfer Act 
     (114 Stat. 2921) is amended--
       (1) by striking ``3,525.8'' and inserting ``3,765.8''; and
       (2) by adding at the end the following:
       ``(9) Utu utu gwaitu paiute tribe.--Lands to be held in 
     trust for the Utu Utu Gwaitu Paiute Tribe, Benton Paiute 
     Reservation are comprised of approximately 240 acres 
     described as follows:
       ``Mount Diablo Base and Meridian

                   ``Township 2 South, Range 31 East

       ``Section 11:
       ``SE\1/2\ and E\1/2\ of SW\1/4\.''.
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