[Congressional Record Volume 150, Number 17 (Wednesday, February 11, 2004)]
[House]
[Pages H473-H477]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIVE AMERICAN TECHNICAL CORRECTIONS ACT OF 2003
Mr. POMBO. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 523) to make technical corrections to laws relating to
Native Americans, and for other purposes.
The Clerk read 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. Bosque Redondo Memorial Act.
Sec. 102. Navajo-Hopi Land Settlement Act.
Sec. 103. Tribal sovereignty.
Sec. 104. Cow Creek Band of Umpqua Indians.
Sec. 105. Pueblo de Cochiti; modification of settlement.
Sec. 106. Four Corners Interpretive Center.
Sec. 107. Mississippi Band of Choctaw Indians.
Sec. 108. Rehabilitation of Celilo Indian Village.
Subtitle B--Other Provisions Relating to Native Americans
Sec. 121. Barona Band of Mission Indians; facilitation of construction
of pipeline to provide water for emergency fire
suppression and other purposes.
Sec. 122. Conveyance of Native Alaskan objects.
Sec. 123. Pueblo of Acoma; land and mineral consolidation.
Sec. 124. Quinault Indian Nation; water feasibility study.
Sec. 125. Santee Sioux Tribe; study and report.
Sec. 126. Shakopee Mdewakanton Sioux Community.
Sec. 127. Agua Caliente Band of Cahuilla Indians.
Sec. 128. Saginaw Chippewa Tribal College.
Sec. 129. Ute Indian Tribe; oil shale reserve.
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. 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. 102. 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.
640d-24(a)(8)) is amended by striking ``annually for fiscal
years 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting
``for each of fiscal years 2003 through 2008''.
SEC. 103. TRIBAL SOVEREIGNTY.
Section 16 of the Act of June 18, 1934 (25 U.S.C. 476), is
amended by adding at the end the following:
``(h) Tribal Sovereignty.--Notwithstanding any other
provision of this Act--
``(1) each Indian tribe shall retain inherent sovereign
power to adopt governing documents under procedures other
than those specified in this section; and
``(2) nothing in this Act invalidates any constitution or
other governing document adopted by an Indian tribe after
June 18, 1934, in accordance with the authority described in
paragraph (1).''.
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.''.
[[Page H474]]
SEC. 106. FOUR CORNERS INTERPRETIVE CENTER.
Section 7 of the Four Corners Interpretive Center Act (113
Stat. 1706) is amended--
(1) in subsection (a)(2), by striking ``2005'' and
inserting ``2008'';
(2) in subsection (b), by striking ``2002'' and inserting
``2005''; and
(3) in subsection (c), by striking ``2001'' and inserting
``2004''.
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''.
SEC. 108. REHABILITATION OF CELILO INDIAN VILLAGE.
Section 401(b)(3) of Public Law 100-581 (102 Stat. 2944) is
amended by inserting ``and Celilo Village'' after ``existing
sites''.
Subtitle B--Other Provisions Relating to Native Americans
SEC. 121. 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. 122. 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. 123. 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 person during the
5-year period beginning on the date of issuance by the
Secretary of the bidding or royalty credit.
SEC. 124. QUINAULT INDIAN NATION; WATER FEASIBILITY STUDY.
(a) In General.--The Secretary is authorized to carry out,
in accordance with Federal reclamation law (the Act of June
17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental
to and amendatory of that Act (43 U.S.C. 371 et seq.)), a
water source, quantity, and quality feasibility study for
land of 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. 125. 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 appropriated to the Secretary to carry out this section
$500,000, to remain available until expended.
SEC. 126. 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.
SEC. 127. AGUA CALIENTE BAND OF CAHUILLA INDIANS.
(a) In General.--Notwithstanding any other provision of law
(including any restrictive covenant in effect under, or
required by operation of, a State law), title to land that
the Secretary of the Interior agrees is to be acquired by the
United States in accordance with the Act of June 18, 1934 (25
U.S.C. 465), for the Agua Caliente Band of Cahuilla Indians
shall be taken in the name of the United States.
(b) Covenants.--A restrictive covenant referred to in
subsection (a) shall be unenforceable against the United
States if the land to which the restrictive covenant is
attached was held in trust by the United States for, or owned
by, the Agua Caliente Band of Cahuilla Indians, or an
individual member of the Band, before the date on which the
restrictive covenant attached to the land.
SEC. 128. SAGINAW CHIPPEWA TRIBAL COLLEGE.
Section 532 of the Equity in Educational Land Grant Status
Act of 1994 (7 U.S.C. 301 note; Public Law 103-382) is
amended--
(1) by redesignating paragraphs (22) through (31) as
paragraphs (23) through (32), respectively; and
(2) by inserting after paragraph (21) the following:
``(22) Saginaw Chippewa Tribal College.''.
SEC. 129. UTE INDIAN 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) notwithstanding any provision to the contrary in the
constitution, bylaws, or charter of the Tribe, the Act of May
11, 1938 (commonly known as the `Indian Mineral Leasing Act
of 1938') (25 U.S.C. 396a et seq.), the Indian Mineral
Development Act of 1982
[[Page H475]]
(25 U.S.C. 2101 et seq.), section 2103 of the Revised
Statutes (25 U.S.C. 81), or section 2116 of the Revised
Statutes (25 U.S.C. 177), or any other law, no purchase,
grant, lease, or other conveyance of the land (or any
interest in the land), and no exploration, development, or
other agreement relating to the land that is authorized by
resolution by the governing body of the Tribe, shall require
approval by the Secretary of the Interior or any other
Federal official.''.
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 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 for, 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).
[[Page H476]]
(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).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Pombo) and the gentleman from New Mexico (Mr. Udall)
each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Pombo).
General Leave
Mr. POMBO. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on the Senate bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. POMBO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 523, the Native American Technical Corrections Act of
2003, makes over 20 changes to current law to assist Indian tribes with
matters that may seem relatively small to some of us but are quite
important to individual tribes across this country.
I am pleased we are able to bring this legislation to the floor
today. Tribal leaders from various regions have flown to Washington,
D.C., for meetings, conferences and interaction with their
congressional representatives.
The continual input from tribes and their willingness to work
directly with the Congress as sovereign entities on a government-to-
government basis brings us to our debate and vote on S. 523.
Specifically, the legislation will make technical corrections to laws
relating to Native Americans, including the extension of expiring
authorizations, amendments to statutes relating to particular Indian
tribes, and modifications to certain Native American programs. It makes
these beneficial changes in areas relating to tribal sovereignty and
culture and will encourage economic development.
To illustrate the importance of this bill, let me offer an example of
how one of the provisions will offer urgent assistance to a tribe that
suffered the consequences of the recent wildfires in California. The
Barona Band of Mission Indians was devastated by catastrophic wildfires
last year. Section 121 of this bill places a certain amount of land in
trust in order to facilitate the construction of a pipeline that will
deliver water from the San Vincente Reservoir to the tribe's
reservation. This pipeline is badly needed for fire suppression that
may threaten the reservation in the future.
Numerous tribes will be able to move forward on projects that will
help to strengthen their tribal government and better illuminate their
history and culture. This includes reauthorization of sections of the
Bosque Redondo Memorial Act, which memorializes lands on which members
of the Navaho Nation were forcibly marched by the U.S. Army beginning
in 1863 after they were forced to leave their traditional homes in
northeastern Arizona and northwestern New Mexico. S. 523 improves the
implementation of this Act.
There are many other provisions too numerous to mention here, and I
am proud that the House can deliver this package to the President for
his signature. This legislation represents a step in the right
direction for Indian country, and I appreciate the bipartisan work of
the ranking member, the gentleman from West Virginia (Mr. Rahall), in
bringing us to this point today. I look forward to continuing to work
together on various initiatives as they relate to American Indians and
Alaskan Natives.
Finally, I would also like to point out that S. 523, as amended, was
passed in the Senate by unanimous consent on July 30, 2003. I hope we
can now act in the same bipartisan fashion. I urge adoption of this
bill.
Mr. Speaker, I reserve the balance of my time.
Mr. UDALL of New Mexico. Mr. Speaker, I yield myself such time as I
may consume.
(Mr. UDALL of New Mexico asked and was given permission to revise and
extend his remarks.)
Mr. UDALL of New Mexico. Mr. Speaker, I thank the gentleman from
California (Mr. Pombo) and the ranking member, the gentleman from West
Virginia (Mr. Rahall), for their hard work on this bill. I am pleased
to rise in support of Senate 523, the Native American Technical
Corrections Act of 2003.
This bipartisan legislation, which reflects the work product of a
number of Members, contains a variety of provisions that would benefit
Indian tribes and Alaskan Natives. One provision of the bill extends
the authorization through 2008 for the Four Corners Interpretive
Center. This Center focuses on Native American culture through a
cooperative agreement between the area's Indian tribes and my State of
New Mexico as well as Colorado, Utah and Arizona.
Another provision of the bill clarifies the authority of the
Secretary of Interior to issue bidding or royalty credits as a form of
payment to acquire land and subsurface rights on the Acoma Indian
Reservation for that tribe. This will permit the Pueblo to gain more
control over lands within its reservation. This is related to
legislation that the former Member from New Mexico, Joe Skeen, was
involved with in the last session.
In addition, this bill authorizes the transfer of surplus lands from
the Bureau of Land Management to the Pueblo of Santa Clara and the
Pueblo of San Ildefonso to be used for traditional purposes only. Some
Members may recall we passed similar legislation just last year. In an
effort to get the other provisions of this bill signed into law without
having to return to the other body, we have agreed to allow this
provision pertaining to San Ildefonso and Santa Clara to remain in the
bill knowing that it will not impede the transfer already under way.
In short, this bill makes minor changes to several laws by extending
authorizations, clarifying congressional intent, and generally
addressing some needs of various Indian tribes.
From the distribution of judgment funds to the Quinault Indian Nation
in Washington State to the reauthorization of the Navaho-Hopi Land
Settlement Act, passage of this legislation is important to each Indian
tribe named in the bill.
Furthermore, this legislation is noncontroversial, and I urge Members
to support S. 523.
Mr. Speaker, I reserve the balance of my time.
Mr. POMBO. Mr. Speaker, I yield such time as he may consume to the
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gentleman from California (Mr. Hunter).
Mr. HUNTER. Mr. Speaker, I thank the chairman, the gentleman from
California (Mr. Pombo), for his great work in putting together this
bill, particularly for a guy who represents the district where the
Barona tribe have had major problems with water. They have had
substantial water problems for the last several years. The tribe and
the residents of the Old Barona Road have been working together to try
to bring this pipeline up from the San Vincente reservoir, up over the
saddle that separates the Barona Valley from the reservoir, and provide
water in that area. It is expected that the rural residents of the Old
Barona Road and the tribe will work together to make sure that there is
a connection there off that main pipeline so that everyone can partake
of this secure water supply that is not dependent on the well water
level in that particular valley.
I thank the chairman, and ask him if that is his intent with this
legislation.
Mr. POMBO. Mr. Speaker, will the gentleman yield?
Mr. HUNTER. I yield to the gentleman from California.
Mr. POMBO. Mr. Speaker, I thank the gentleman for his statement and
his continued involvement as this legislation has moved forward.
Obviously, the growth that we have experienced in California, coupled
with the recent wildfires, have pointed out to a greater extent the
need for this pipeline to be put in.
I agree that it is important that the Barona Band of Mission Indians
continue to work with the local communities to address everyone's
concerns. I did have an opportunity to tour the site of the proposed
pipeline that was going to go in, as well as the neighbors and the
issues that they have, and I will continue to work with Barona and make
sure that everyone's concerns are addressed.
Mr. HUNTER. Mr. Speaker, I thank the gentleman. This is great
legislation.
Mr. UDALL of New Mexico. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I also would just like to congratulate Senator Ben
Nighthorse Campbell on this legislation and all of the staff members
that worked on it, and especially Marie Howard.
Mr. Speaker, I yield back the balance of my time.
Mr. POMBO. Mr. Speaker, I urge my colleagues to support the
legislation, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Pombo) that the House suspend the rules
and pass the Senate bill, S. 523.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
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