[Congressional Record (Bound Edition), Volume 150 (2004), Part 2]
[House]
[Pages 1622-1626]
[From the U.S. 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

[[Page 1623]]

       ``(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.''.

     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.

[[Page 1624]]



     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 (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;

[[Page 1625]]

       (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).
       (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. 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

[[Page 1626]]

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 
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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