[Congressional Record (Bound Edition), Volume 150 (2004), Part 8]
[Senate]
[Pages 11054-11057]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3251. Mr. TALENT submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of subtitle G of title X, add the following:

     SEC. 1068. SENSE OF CONGRESS ON AMERICA'S NATIONAL WORLD WAR 
                   I MUSEUM.

       (a) Findings.--Congress makes the following findings:
       (1) The Liberty Memorial Museum in Kansas City, Missouri, 
     was built in 1926 in honor of those individuals who served in 
     World War I in defense of liberty and the Nation.
       (2) The Liberty Memorial Association, a nonprofit 
     organization which originally built the Liberty Memorial 
     Museum, is responsible for the finances, operations, and 
     collections management of the Liberty Memorial Museum.
       (3) The Liberty Memorial Museum is the only public museum 
     in the Nation that exists for the exclusive purpose of 
     interpreting the experiences of the United States and its 
     allies in the World War I years (1914-1918), both on the 
     battlefield and on the home front.
       (4) The Liberty Memorial Museum project began after the 
     1918 Armistice through the efforts of a large-scale, grass-
     roots civic and fundraising effort by the citizens and 
     veterans of the Kansas City metropolitan area. After the 
     conclusion of a national architectural design competition, 
     ground was broken in 1921, construction began in 1923, and 
     the Liberty Memorial Museum was opened to the public in 1926.
       (5) In 1994, the Liberty Memorial Museum closed for a 
     massive restoration and expansion project. The restored 
     museum reopened to the public on Memorial Day, 2002, during a 
     gala rededication ceremony.
       (6) Exhibits prepared for the original museum buildings 
     presaged the dramatic, underground expansion of core 
     exhibition gallery space, with over 30,000 square feet of new 
     interpretive and educational exhibits currently in 
     development. The new exhibits, along with an expanded 
     research library and archives, will more fully utilize the 
     many thousands of historical objects, books, maps, posters, 
     photographs, diaries, letters, and reminiscences of World War 
     I participants that are preserved for posterity in the 
     Liberty Memorial Museum's collections. The new core 
     exhibition is scheduled to open on Veterans Day, 2006.
       (7) The City of Kansas City, the State of Missouri, and 
     thousands of private donors and philanthropic foundations 
     have contributed millions of dollars to build and later to 
     restore this national treasure. The Liberty Memorial Museum 
     continues to receive the strong support of residents from the 
     States of Missouri and Kansas and across the Nation.
       (8) Since the restoration and rededication of 2002, the 
     Liberty Memorial Museum has attracted thousands of visitors 
     from across the United States and many foreign countries.
       (9) There remains a need to preserve in a museum setting 
     evidence of the honor, courage, patriotism, and sacrifice of 
     those Americans who offered their services and who gave their 
     lives in defense of liberty during World War I, evidence of 
     the roles of women and African Americans during World War I, 
     and evidence of other relevant subjects.
       (10) The Liberty Memorial Museum seeks to educate a diverse 
     group of audiences through its comprehensive collection of 
     historical materials, emphasizing eyewitness accounts of the 
     participants on the battlefield and the home front and the 
     impact of World War I on individuals, then and now. The 
     Liberty Memorial Museum continues to actively acquire and 
     preserve such materials.
       (11) A great opportunity exists to use the invaluable 
     resources of the Liberty Memorial Museum to teach the 
     ``Lessons of Liberty'' to the Nation's schoolchildren through 
     on-site visits, classroom curriculum development, distance 
     learning, and other educational initiatives.
       (12) The Liberty Memorial Museum should always be the 
     Nation's museum of the national experience in the World War I 
     years (1914-1918), where people go to learn about this 
     critical period and where the Nation's history of this 
     monumental struggle will be preserved so that generations of 
     the 21st century may understand the role played by the United 
     States in the preservation and advancement of democracy, 
     freedom, and liberty in the early 20th century.
       (13) This initiative to recognize and preserve the history 
     of the Nation's sacrifices in World War I will take on added 
     significance as the Nation approaches the centennial 
     observance of this event.
       (14) It is fitting and proper to refer to the Liberty 
     Memorial Museum as ``America's National World War I Museum''.
       (b) Sense of Congress.--Congress--
       (1) recognizes the Liberty Memorial Museum in Kansas City, 
     Missouri, including the museum's future and expanded 
     exhibits, collections, library, archives, and educational 
     programs, as ``America's National World War I Museum'';
       (2) recognizes that the continuing collection, 
     preservation, and interpretation of the historical objects 
     and other historical materials held by the Liberty Memorial 
     Museum enhance the knowledge and understanding of the 
     Nation's people of the American and allied experience during 
     the World War I years (1914-1918), both on the battlefield 
     and on the home front;
       (3) commends the ongoing development and visibility of 
     ``Lessons of Liberty'' educational outreach programs for 
     teachers and students throughout the Nation; and
       (4) encourages the need for present generations to 
     understand the magnitude of World War I, how it shaped the 
     Nation, other countries, and later world events, and how the 
     sacrifices made then helped preserve liberty, democracy, and 
     other founding principles for generations to come.
                                 ______
                                 
  SA 3252. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill S. 2400, to authorize appropriations for fiscal year 
2005 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Services, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title XXVIII, add the following:

     SEC. 2844. TREATMENT OF PROCEEDS OF SALE OF REAL PROPERTY AT 
                   ROCKY MOUNTAIN ARSENAL, COLORADO, DISPOSED OF 
                   FOR COMMERCIAL, HIGHWAY, OR OTHER PUBLIC USE.

       Section 5(c) of the Rocky Mountain Arsenal National 
     Wildlife Refuge Act of 1992 (Public Law 102-402; 106 Stat. 
     1966; 16 U.S.C. 668dd note) is amended by striking paragraph 
     (2) and inserting the following new paragraphs:
       ``(2) Any amounts realized by the United States upon the 
     sale of property as described in paragraph (1) shall be 
     transferred to the National Fish and Wildlife Foundation for 
     use in constructing a visitor center and an environmental 
     education center for the refuge.
       ``(3) The use by the Foundation of amounts transferred to 
     the Foundation under paragraph (2) shall be subject to the 
     following:
       ``(A) Applicable provisions of the National Fish and 
     Wildlife Foundation Establishment Act (16 U.S.C. 3701 et 
     seq.), except that such use shall not be subject to section 
     10(a) of such Act (16 U.S.C. 3709(a)).
       ``(B) Such terms and conditions as the Foundation and the 
     United States Fish and Wildlife Service shall jointly agree 
     upon with respect to the construction of the visitor center 
     and the environmental education center.
       ``(4) If the amount transferred to the Foundation under 
     paragraph (2) is excess to the amount required for the 
     construction of the visitor center and the environmental 
     education center, the Foundation shall use the amount of the 
     excess to pay costs associated with the operation and 
     maintenance of the centers.''.
                                 ______
                                 
  SA 3253. Mr. ALLARD (for himself and Mr. Pryor) submitted an 
amendment intended to be proposed by him to the bill S. 2400, to 
authorize appropriations for fiscal year 2005 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel

[[Page 11055]]

strengths for such fiscal year for the Armed Services, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 84, between the matter following line 13 and line 
     14, insert the following:

     SEC. 535. QUALIFICATIONS FOR APPOINTMENT AS DEAN OF THE 
                   FACULTY AT THE UNITED STATES AIR FORCE ACADEMY.

       Section 9335(a) of title 10, United States Code, is amended 
     by inserting before the period at the end of the second 
     sentence the following: ``, except that, if the Dean is not 
     an officer of the Air Force on active duty, the Dean shall be 
     a retired officer or former officer of the Air Force, and a 
     person may not be appointed or assigned as Dean unless that 
     person holds the highest academic degree in that person's 
     academic field''.
                                 ______
                                 
  SA 3254. Mr. ALLARD (for himself and Mr. Pryor) submitted an 
amendment intended to be proposed by him to the bill S. 2400, to 
authorize appropriations for fiscal year 2005 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Services, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 84, between the matter following line 13 and line 
     14, insert the following:

     SEC. 535. REPEAL OF REQUIREMENT FOR OFFICER TO RETIRE UPON 
                   TERMINATION OF SERVICE AS SUPERINTENDENT OF THE 
                   AIR FORCE ACADEMY.

       (a) Repeals.--Sections 8921 and 9333a of title 10, United 
     States Code, are repealed.
       (b) Clerical Amendments.--Subtitle D of title 10, United 
     States Code, is amended--
       (1) in the table of sections at the beginning of chapter 
     867, by striking the item relating to section 8921; and
       (2) in the table of sections at the beginning of chapter 
     903, by striking the item relating to section 9333a.
                                 ______
                                 
  SA 3255. Mr. SARBANES (for himself and Ms. Mikulski) submitted an 
amendment intended to be proposed by him to the bill S. 2400, to 
authorize appropriations for fiscal year 2005 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Services, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title III, insert the 
     following:

     SEC. 353. SENSE OF THE SENATE REGARDING RESIDENTIAL 
                   COMMUNITIES INITIATIVE.

       (a) Findings.--The Senate finds the following:
       (1) There are approximately 750,000 school-aged children of 
     members of the active duty Armed Forces in the United States.
       (2) Approximately 650,000 of those students are currently 
     being served in public schools across the United States.
       (3) The Department of the Army has embarked on a housing 
     initiative, the Residential Communities Initiative, which 
     will result in 70,770 new family housing units at 34 
     installations and a corresponding increase in the number of 
     school-aged children housed at those installations.
       (4) The Secretary of the Army is authorized to include new 
     school facilities in privatized housing contracts; however, 
     the Secretary of the Army has not been using this authority 
     to its fullest advantage. As a result, local educational 
     agencies are being severely impacted by increased student-age 
     populations.
       (5) Local educational agencies are struggling under 
     increasing financial burdens as a result of State budget cuts 
     that have reduced the rate of growth for education spending 
     to its lowest point since the 1990-1991 recession and this 
     burden is exacerbated by a stagnate Federal education budget 
     that actually cuts total education funding in fiscal year 
     2006 through fiscal year 2009 by $5,000,000.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Department of the Army should support, through a 
     dedicated fund, the construction of schools in local 
     educational agencies whose student populations are severely 
     impacted by housing developed through the Residential 
     Communities Initiative.
                                 ______
                                 
  SA 3256. Mr. CAMPBELL submitted an amendment intended to be proposed 
by him to the bill S. 1955, to make technical corrections to laws 
relating to Native Americans, and for other purposes; which was ordered 
to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     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 Amendments.
Sec. 103. Indian tribal justice technical and legal assistance.
Sec. 104. Tribal justice systems.
Sec. 105. Crow Tribal Trust Fund.
Sec. 106. ANCSA amendment.
Sec. 107. Washoe Tribe of Nevada and California land conveyance.

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

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Definitions.
Sec. 204. Distribution of judgment funds.
Sec. 205. Applicable law.

                     TITLE III--INDIAN LAND LEASING

Sec. 301. Authorization of 99-year leases.
Sec. 302. Certification of rental proceeds.
Sec. 303. Montana Indian Tribes; agreement with Dry Prairie Rural Water 
              Association, Incorporated.
Sec. 304. Authorization of leases of restricted land for terms of 99 
              years.

                  TITLE IV--NAVAJO HEALTH CONTRACTING

Sec. 401. Navajo health contracting.

     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 AMENDMENTS.

       (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 ``Indians; and (b) in lieu of such 
     guaranty, to insure'' and inserting ``Indians; 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.''.

       (c) Loans Ineligible for Guaranty or Insurance.--Section 
     206 of the Indian Financing Act of 1974 (25 U.S.C. 1486) is 
     amended by striking ``Internal Revenue Code of 1954, as 
     amended,'' and inserting ``Internal Revenue Code of 1986 
     (except loans made by certified Community Development Finance 
     Institutions)''.
       (d) Aggregate Loans or Surety Bonds Limitation.--Section 
     217(b) of the Indian Financing Act of 1974 (25 U.S.C. 
     1497(b)) is amended by striking ``$500,000,000'' and 
     inserting ``$1,500,000,000''.

     SEC. 103. 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. 104. 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. 105. CROW TRIBAL TRUST FUND.

       Section 6(d) of the Crow Boundary Settlement Act of 1994 
     (25 U.S.C. 1776d(d)), is amended--

[[Page 11056]]

       (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. 106. 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.

     SEC. 107. WASHOE TRIBE OF NEVADA AND CALIFORNIA LAND 
                   CONVEYANCE.

       Section 2 of Public Law 108-67 (117 Stat. 880) is amended 
     by striking ``the parcel'' and all that follows and inserting 
     ``a portion of Lots 3 and 4, as shown on the United States 
     and Encumbrance Map revised January 10, 1991, for the Toiyabe 
     National Forest, Ranger District Carson -1, located in the 
     S\1/2\ of NW\1/4\ and N\1/2\ of SW\1/4\ of the SE\1/4\ of 
     sec. 27, T. 15N, R. 18E, Mt. Diablo Base and Meridian, 
     comprising 24.3 acres.''.

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

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Assiniboine and Sioux 
     Tribes of the Fort Peck Reservation Judgment Fund 
     Distribution Act of 2004''.

     SEC. 202. 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. 203. 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 202(6)(B).
       (3) Judgment amount.--The term ``judgment amount'' means 
     the amount referred to in section 202(5).
       (4) Principal indebtedness.--The term ``principal 
     indebtedness'' means the amount referred to in section 
     202(3)(A).
       (5) Tribe.--The term ``Tribe'' means the Assiniboine and 
     Sioux Tribes of the Fort Peck Reservation.

     SEC. 204. 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 202(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. 205. APPLICABLE LAW.

       Except as provided in section 204(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 III--INDIAN LAND LEASING

     SEC. 301. AUTHORIZATION OF 99-YEAR LEASES.

       (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 Confederated 
     Tribes of the Umatilla Indian Reservation,'' before ``the 
     Burns Paiute Reservation,'';
       (2) by inserting ``the'' before ``Yavapai-Prescott'';
       (3) by inserting ``the Muckleshoot Indian Reservation and 
     land held in trust for the Muckleshoot Indian Tribe,'' after 
     ``the Cabazon Indian reservation,''.
       (4) by striking ``Washington,,'' and inserting 
     ``Washington,'';
       (5) by inserting ``lands held in trust for the Fallon 
     Paiute Shoshone Tribes,'' before ``lands held in trust for 
     the Pueblo of Santa Clara''; and
       (6) by inserting ``land held in trust for the Yurok Tribe, 
     land held in trust for the Hopland Band of Pomo Indians of 
     the Hopland Rancheria,'' after ``Pueblo of Santa Clara,''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to any lease entered into or renewed after the 
     date of enactment of this Act.

[[Page 11057]]



     SEC. 302. CERTIFICATION OF RENTAL PROCEEDS.

       Notwithstanding any other provision of law, any actual 
     rental proceeds from the lease of land acquired under section 
     1 of Public Law 91-229 (25 U.S.C. 488) certified by the 
     Secretary of the Interior shall be deemed--
       (1) to constitute the rental value of that land; and
       (2) to satisfy the requirement for appraisal of that land.

     SEC. 303. MONTANA INDIAN TRIBES; AGREEMENT WITH DRY PRAIRIE 
                   RURAL WATER ASSOCIATION, INCORPORATED.

       (a) In General.--The Assiniboine and Sioux Tribes of the 
     Fort Peck Indian Reservation (referred to in this section as 
     the ``Tribes'') may, with the approval of the Secretary of 
     the Interior, enter into a lease or other temporary 
     conveyance of water rights recognized under the Fort Peck-
     Montana Compact (Montana Code Annotated 85-20-201) for the 
     purpose of meeting the water needs of the Dry Prairie Rural 
     Water Association, Incorporated (or any successor entity), in 
     accordance with section 5 of the Fort Peck Reservation Rural 
     Water System Act of 2000 (114 Stat. 1454).
       (b) Conditions of Lease.--With respect to a lease or other 
     temporary conveyance described in subsection (a)--
       (1) the term of the lease or conveyance shall not exceed 
     100 years; and
       (2)(A) the lease or conveyance may be approved by the 
     Secretary of the Interior without monetary compensation to 
     the Tribes; and
       (B) the Secretary of the Interior shall not be subject to 
     liability for any claim or cause of action relating to the 
     compensation or consideration received by the Tribes under 
     the lease or conveyance.
       (c) No Permanent Alienation of Water.--Nothing in this 
     section authorizes any permanent alienation of any water by 
     the Tribes.

     SEC. 304. AUTHORIZATION OF LEASES OF RESTRICTED LAND FOR 
                   TERMS OF 99 YEARS.

       The first section of the Act of August 9, 1955 (25 U.S.C. 
     415) (as amended by section 3), is amended by adding at the 
     end the following:
       ``(h) Authorization of Leases of Tribally Owned Restricted 
     Land for Terms of 99 Years.--
       ``(1) In general.--Notwithstanding subsection (a), any 
     restricted Indian land that is owned by an Indian tribe may 
     be leased by the tribal owner, with the approval of the 
     Secretary of the Interior, for a term of not longer than 99 
     years, for--
       ``(A) public, religious, educational, recreational, 
     residential, or business purposes; and
       ``(B) any other purpose stated in subsection (a), unless 
     the Secretary determines that the principal purpose of the 
     lease is for--
       ``(i) exploration, development, or extraction of a mineral 
     resource; or
       ``(ii) storage of materials listed as high level 
     radioactive waste (as defined in section 2 of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10101)).
       ``(2) Approval by the secretary.--To the maximum extent 
     practicable under law, the Secretary shall approve or 
     disapprove a lease described in subsection (a) or an 
     amendment to such a lease not later than the date that is 270 
     days after the date on which an application for approval of 
     the lease or lease amendment is submitted to the 
     Secretary.''.

                  TITLE IV--NAVAJO HEALTH CONTRACTING

     SEC. 401. NAVAJO HEALTH CONTRACTING.

       The Navajo Health Foundation/Sage Memorial Hospital in 
     Ganado, Arizona, shall be considered to be a tribal 
     contractor under the Indian Self-Determination and Education 
     Assistance Act for the purposes of section 102(d) and 
     subsections (k) and (o) of section 105 of that Act (25 U.S.C. 
     450f(d), 450j) provided that the Hospital remains the 
     authorized tribal organization (as defined in section 4 of 
     that Act (25 U.S.C. 450b)) of the Navajo Nation.

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