[House Report 104-444]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-444
_______________________________________________________________________


 
             TECHNICAL CORRECTIONS TO NATIVE AMERICAN LAWS

                                _______


  December 30 (legislative day, December 22), 1995.--Committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2726]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2726) to make certain technical corrections in laws 
relating to Native Americans, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. CORRECTION TO POKAGON RESTORATION ACT.

  Section 9 of the Act entitled ``An Act to restore Federal services to 
the Pokagon Band of Potawatomi Indians'' (25 U.S.C. 1300j-7a) is 
amended--
          (1) by striking ``Bands'' each place it appears and inserting 
        ``Band'';
          (2) in subsection (a), by striking ``respective''; and
          (3) in subsection (b)--
                  (A) in paragraph (1)--
                          (i) in the first sentence--
                                  (I) by striking ``membership rolls 
                                that contain'' and inserting ``a 
                                membership roll that contains''; and
                                  (II) by striking ``in such'' and 
                                inserting ``in the''; and
                          (ii) in the second sentence, by striking 
                        ``Each such'' and inserting ``The'';
                  (B) in paragraph (2)--
                          (i) by striking ``rolls have'' and inserting 
                        ``roll has''; and
                          (ii) by striking ``such rolls'' and inserting 
                        ``such roll'';
                  (C) in the heading for paragraph (3), by striking 
                ``rolls'' and inserting ``roll''; and
                  (D) in paragraph (3), by striking ``rolls are 
                maintained'' and inserting ``roll is maintained''.

SEC. 2. CORRECTION TO ODAWA AND OTTAWA RESTORATION ACT.

  (a) Reaffirmation of Rights.--The heading of section 5(b) of the 
Little Traverse Bay Bands of Odawa Indians and the Little River Band of 
Ottawa Indians Act (25 U.S.C. 1300k-3) is amended by striking ``Tribe'' 
and inserting ``Bands''.
  (b) Membership List.--Section 9 of the Little Traverse Bay Bands of 
Odawa and the Little River Band of Ottawa Indians Act (25 U.S.C. 1300k-
7) is amended--
          (1) in subsection (a)--
                  (A) by striking ``Band'' the first place it appears 
                and inserting ``Bands''; and
                  (B) by striking ``the Band.'' and inserting ``the 
                respective Bands.''; and
          (2) in subsection (b)(1)--
                  (A) in the first sentence, by striking ``the Band 
                shall submit to the Secretary membership rolls that 
                contain the names of all individuals eligible for 
                membership in such Band'' and inserting ``each of the 
                Bands shall submit to the Secretary a membership roll 
                that contains the names of all individuals that are 
                eligible for membership in such Band''; and
                  (B) in the second sentence, by striking ``The Band, 
                in consultation'' and inserting ``Each such Band, in 
                consultation''.

SEC. 3. INDIAN DAMS SAFETY ACT OF 1994.

  Section 4(h) of the Indian Dams Safety Act of 1994 (25 U.S.C. 
3803(h); 108 Stat. 1562) is amended by striking ``(under the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))), 
as amended,'' and inserting ``under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.)''.

SEC. 4. PASCUA YAQUI INDIANS OF ARIZONA.

  Section 4(b) of the Act entitled ``An Act to provide for the 
extension of certain Federal benefits, services, and assistance to the 
Pascua Yaqui Indians of Arizona, and for other purposes'' (25 U.S.C. 
1300f-3(b)) is amended by striking ``Pascua Yaqui tribe'' and inserting 
``Pascua Yaqui Tribe''.

SEC. 5. INDIAN LANDS OPEN DUMP CLEANUP ACT OF 1994.

  Section 3(7) of the Indian Lands Open Dump Cleanup Act of 1994 (25 
U.S.C. 3902(7); 108 Stat. 4165) is amended by striking ``under section 
6944 of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)'' and 
inserting ``under section 4004 of the Solid Waste Disposal Act (42 
U.S.C. 6944)''.

SEC. 6. AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM ACT OF 1994.

  (a) Maintenance of Records.--Section 303(c)(5)(D) of the American 
Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 
4043(c)(5)(D); 108 Stat. 4247) is amended by striking ``made under 
paragraph (3)(B)'' and inserting ``made under subparagraph (C)''.
  (b) Advisory Board.--Section 306(d) of the Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 4046(d); 108 Stat. 4249) is 
amended by striking ``Advisory Board'' and inserting ``advisory 
board''.

SEC. 7. INDIAN SELF-DETERMINATION CONTRACT REFORM ACT OF 1994.

  Section 102(11) of the Indian Self-Determination Contract Reform Act 
of 1994 (108 Stat. 4254) is amended by striking ``subsection (e)'' and 
inserting ``subsection (e) of section 105''.

SEC. 8. AUBURN INDIAN RESTORATION.

  (a) Economic Development.--Section 203 of the Auburn Indian 
Restoration Act (25 U.S.C. 1300l-1) is amended--
          (1) in subsection (a)(2), by striking ``as provided in 
        section 107'' and inserting ``as provided in section 207''; and
          (2) in subsection (b), by striking ``section 104'' and 
        inserting ``section 204''.
  (b) Interim Government.--The last sentence of section 206 of the 
Auburn Indian Restoration Act (25 U.S.C. 1300l-4) is amended by 
striking ``Interim council'' and inserting ``Interim Council''.

SEC. 9. CROW BOUNDARY SETTLEMENT ACT OF 1994.

  (a) Enforcement.--Section 5(b)(3) of the Crow Boundary Settlement Act 
of 1994 (25 U.S.C. 1776c(b)(3); 108 Stat. 4636) is amended by striking 
``provisions of subsection (b)'' and inserting ``provisions of this 
subsection''.
  (b) Applicability.--Section 9(a) of the Crow Boundary Settlement Act 
of 1994 (25 U.S.C. 1776g(a); 108 Stat. 4640) is amended by striking 
``The Act'' and inserting ``This Act''.
  (c) Escrow Funds.--Section 10(b) of the Crow Boundary Settlement Act 
of 1994 (25 U.S.C. 1776h(b); 108 Stat. 4641) is amended by striking 
``(collectively referred to in this subsection as the `Suspension 
Accounts')'' and inserting ``(collectively referred to in this section 
as the `Suspension Accounts')''.

SEC. 10. TLINGIT AND HAIDA STATUS CLARIFICATION ACT.

  The first sentence of section 205 of the Tlingit and Haida Status 
Clarification Act (25 U.S.C. 1215) is amended by striking ``Indian 
tribes'' and inserting ``Indian Tribes''.

SEC. 11. NATIVE AMERICAN LANGUAGES ACT.

  Section 103 of the Native American Languages Act (25 U.S.C. 2902) is 
amended--
          (1) in paragraph (2), by striking ``under section 5351(4) of 
        the Indian Education Act of 1988 (25 U.S.C. 2651(4))'' and 
        inserting ``under section 9161(4) of the Improving America's 
        Schools Act of 1994 (20 U.S.C. 7881(4))''; and
          (2) in paragraph (3), by striking ``section 4009 of Public 
        Law 100-297 (20 U.S.C. 4909)'' and inserting ``section 9212(1) 
        of the Improving America's Schools Act of 1994 (20 U.S.C. 
        7912(1))''.

SEC. 12. PONCA RESTORATION ACT.

  Section 5 of the Ponca Restoration Act (25 U.S.C. 983c) is amended--
          (1) by inserting ``Sarpy, Burt, Platte, Stanton, Holt, Hall, 
        Wayne,'' before ``Knox''; and
          (2) by striking ``or Charles Mix County'' and inserting ``, 
        Woodbury or Pottawattomie Counties of Iowa, or Charles Mix 
        County''.

SEC. 13. YAVAPAI-PRESCOTT INDIAN TRIBE WATER RIGHTS SETTLEMENT ACT OF 
                    1994.

  Section 112(b) of the Yavapai-Prescott Indian Tribe Water Rights 
Settlement Act of 1994 (108 Stat. 4532) is amended by striking 
``December 31, 1995'' and inserting ``June 30, 1996''.

SEC. 14. REVOCATION OF CHARTER OF INCORPORATION OF THE MINNESOTA 
                    CHIPPEWA TRIBE UNDER THE INDIAN REORGANIZATION ACT.

  The request of the Minnesota Chippewa Tribe to surrender the charter 
of incorporation issued to that tribe on September 17, 1937, pursuant 
to section 17 of the Act of June 18, 1934, commonly known as the 
``Indian Reorganization Act'' (48 Stat. 988, chapter 576; 25 U.S.C. 
477) is hereby accepted and that charter of incorporation is hereby 
revoked.

SEC. 15. ADVISORY COUNCIL ON CALIFORNIA INDIAN POLICY ACT OF 1992.

  Section 5(6) of the Advisory Council on California Indian Policy Act 
of 1992 (106 Stat. 2133; 25 U.S.C. 651 note) is amended by striking 
``18 months'' and inserting ``36 months''.

SEC. 16. SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT ACT OF 1992.

  Section 3711(b)(1) of the San Carlos Apache Tribe Water Rights 
Settlement Act of 1992 (title XXXVII of Public Law 102-575; 25 U.S.C. 
390 note) is amended by striking ``December 31, 1995'' and inserting 
``December 31, 1996''.

SEC. 17. IN-LIEU FISHING SITE TRANSFER AUTHORITY.

  Section 401 of Public Law 100-581 (102 Stat. 2944-2945) is amended by 
adding at the end the following new subsection:
  ``(g) The Secretary of the Army is authorized to transfer funds to 
the Department of the Interior to be used for purposes of the continued 
operation and maintenance of sites improved or developed under this 
section.''.

SEC. 18. ADOLESCENT TRANSITIONAL LIVING FACILITY.

  Notwithstanding any other provision of law, any funds that were 
provided to the Ponca Indian Tribe of Nebraska for any of the fiscal 
years 1992 through 1995, and that were retained by that Indian tribe, 
pursuant to a self-determination contract with the Secretary of Health 
and Human Services that the Indian tribe entered into under section 102 
of the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450f) to carry out programs and functions of the Indian Health 
Service may be used by that Indian tribe to acquire, develop, and 
maintain a transitional living facility for adolescents, including land 
for that facility.

SEC. 19. EXPENDITURE OF MESCALERO APACHE TRIBE JUDGMENT FUNDS.

  Notwithstanding any other provision of law, or any distribution plan 
approved pursuant to the Indian Tribal Judgment Funds Use or 
Distribution Act (25 U.S.C. 1401 et seq.), the Secretary of the 
Interior may reprogram, in accordance with the Resolutions, approved by 
the Mescalero Apache Tribal Council on January 24, 1995, any and all 
remaining funds (principal and interest accounts) regarding specific 
changes in the Secretarial Plans for the use of the funds in Docket 
Nos. 22-G, 30, 48, 30-A, and 48-A, awarded in satisfaction of the 
judgments by the Indian Claims Commission.

SEC. 20. ESTABLISHMENT OF A BAND ROLL.

  Section 5(d)(2) of the Lac Vieux Desert Band of Lake Superior 
Chippewa Indians Act (25 U.S.C. 1300h-3(d)(2); 102 Stat. 1578) is 
amended--
          (1) by inserting ``and base roll'' after ``requirement''; and
          (2) by striking ``modification is'' and inserting 
        ``modifications are''.

SEC. 21. OPTION TO INCORPORATE SELF-DETERMINATION PROVISIONS INTO SELF-
                    GOVERNANCE.

  Section 403 of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 458cc) is amended by adding the following new 
subsection:

  ``(l) Incorporate Self-Determination Provisions.--At the option of a 
participating tribe or tribes, any or all provisions of title I of this 
Act shall be made part of an agreement entered into under title III of 
this Act or this title. The Secretary is obligated to include such 
provisions at the option of the participating tribe or tribes. If such 
provision is incorporated it shall have the same force and effect as if 
set out in full in title III or this title.''.

                          Purpose of the Bill

    The purpose of H.R. 2726 is to make certain technical 
corrections in laws relating to Native Americans.

                  Background and Need for Legislation

    This bill makes technical corrections and other minor 
changes in existing Indian-related statutes as follows:
    (1) to section 9 of the Pokagon Potawatomi Restoration Act 
by changing the references in section 9 from plural to 
singular;
    (2) to the Odawa and Ottawa Restoration Act by correcting 
various references in section 9 by using the plural;
    (3) to a citation in section 4 of the Indian Dams Safety 
Act of 1994 by changing ``450b(e)'' to ``450 et seq.'';
    (4) to the Pascua Yaqui Indians Act to capitalize the words 
``Pascua Yaqui Tribe'';
    (5) to section 3(7) of the Indian Lands Open Dump Cleanup 
Act of 1994 by correcting the citation to the Solid Waste 
Disposal Act;
    (6) to the American Indian Trust Fund Management Reform Act 
of 1994 by correcting a reference in section 303(c) of the Act 
and to correct a typographical error in section 306(d) of the 
Act;
    (7) to section 102 of the Indian Self-Determination 
Contract Reform Act of 1994 by adding the words ``of section 
105'';
    (8) to sections 203 and 206 of the Auburn Indian 
Restoration Act by correcting typographical errors;
    (9) to the Crow Boundary Settlement Act of 1994 by 
correcting several inaccurate references in sections 5, 9, and 
10 of the Act;
    (10) to section 205 of the Tlingit and Haida Status 
Clarification Act by capitalizing the word ``Tribe'';
    (11) to section 103 of the Native American Languages Act by 
correcting several incorrect citations in the section;
    (12) to section 5 of the Ponca Restoration Act by modifying 
the service area of the Ponca Indian Tribe to include Indians 
living in Sarpy, Burt, Platte, Stanton, Hall, Holt, and Wayne 
counties in Nebraska and Indians living in Woodbury and 
Pottawattomie counties in Iowa;
    (13) To section 112 of the Yavapai-Prescott Indian Tribe 
Water Rights Settlement Act of 1994 by extending by six months 
the time for the completion of the activities to be conducted 
by the parties to the settlement;
    (14) to accept the surrender of the chapter of 
incorporation of the Minnesota Chippewa Tribe, as requested by 
the Tribe, pursuant to the Indian Reorganization Act;
    (15) To the Advisory Council on California Indian Policy 
Act of 1992 by extending the term of the Advisory Council on 
California Indian Policy from 18 months to 36 months;
    (16) to the San Carlos Apache Tribe Water Rights Settlement 
Act of 1992 by extending for one year the deadline for the 
parties to the settlement to complete agreements between the 
San Carlos Apache Tribe, the Phelps-Dodge Corporation and the 
Town of Globe;
    (17) to section 401 of the Public Law 100-581, by providing 
authority to the Army Corps of Engineers to provide funding for 
the operation and maintenance of certain in lieu fishing access 
sites;
    (18) to provide authority to the Ponca Indian Tribe of 
Nebraska to utilize funds provided in prior fiscal years to 
acquire, develop, and maintain a transitional living facility 
for Indian adolescents;
    (19) to provide authority to the Secretary of the Interior 
to reprogram, in accordance with resolutions approved by the 
Mescalero Apache Tribe, certain funds awarded to the Tribe by 
the Indian Claims Commission; and
    (20) to the Lac Vieux Desert Band of Lake Superior Chippewa 
Indians Act by providing the Tribe with authority to amend its 
base membership roll.

                            Committee Action

    H.R. 2726 was introduced on December 6, 1995 by Mr. 
Gallegly. The bill was referred to the Committee on Resources. 
On December 13, 1995, the Full Resources Committee met to 
consider H.R. 2726. An amendment to Section 403 of the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 
458cc) was offered by Mr. Faleomavaega and adopted by voice 
vote. The bill as amended was then ordered favorably reported 
to the House of Representatives by voice vote, in the presence 
of a quorum.

                      Section-by-Section Analysis

            section 1. correction to pokagon restoration Act

    This section makes technical corrections to section 9 of 
the Pokagon Potawatomi Restoration Act by changing the 
references in section 9 from plural to singular.

       Section 2. Correction to Odawa and Ottawa Restoration Act

    This section makes technical corrections to the Odawa and 
Ottawa Restoration Act by correcting various references in 
section 9 by using the plural.

               Section 3. Indian Dams Safety Act of 1994

    Section 3 of the amendment corrects a citation in section 4 
of the Indian Dams Safety Act of 1994 from ``450b(e)'' to ``450 
et seq.''.

               Section 4. Pascua Yaqui Indians of Arizona

    Section 4 amends the Pascua Yaqui Indians Act to capitalize 
the words ``Pascua Yaqui Tribe.''

         Section 5. Indian Lands Open Dump Cleanup Act of 1994

    Section 5 amends section 3(7) of the Indian Lands Open Dump 
Cleanup Act of 1994 to correct the citation to the Solid Waste 
Disposal Act.

  Section 6. American Indian Trust Fund Management Reform Act of 1994

    Section 6 amends the American Indian Trust Fund Management 
Reform Act of 1994 to correct a reference in section 303(c) of 
the Act and to correct a typographical error in section 306(d) 
of the Act.

    Section 7. Indian Self-Determination Contract Reform Act of 1994

    Section 7 corrects a reference in section 102 of the Indian 
Self-Determination Contract Reform Act of 1994.

                  Section 8. Auburn Indian Restoration

    Section 8 corrects certain incorrect references in sections 
203 and 206 of the Auburn Indian Restoration Act.

            Section 9. Crow Boundary Settlement Act of 1994

    Section 9 amends the Crow Boundary Settlement Act of 1994 
correcting several inaccurate references in sections 5, 9, and 
10 of the Act.

         Section 10. Tlingit and Haida Status Clarification Act

    Section 10 corrects a typographical error in section 205 of 
the Tlingit and Haida Status Clarification Act.

               Section 11. Native American Languages act

    Section 11 amends section 103 of the Native American 
Languages Act to correct several incorrect citations in the 
section.

                   Section 12. Ponca Restoration Act

    Section 12 amends section 5 of the Ponca Restoration Act to 
modify the service area of the Ponca Indian Tribe to include 
Indians living in Sarpy, Burt, Platte, Stanton, Hall, Holt, and 
Wayne counties in Nebraska and Indians living in Woodbury and 
Pottawattomie counties in Iowa.

 Section 13. Yavapai-Prescott Indian Tribe Water Rights Settlement Act 
                                of 1994

    Section 13 amends section 112 of the Yavapai-Prescott 
Indian Tribe Water Rights Settlement Act of 1994 to extend by 
six months the time for the completion of the activities to be 
conducted by the parties to the settlement.

  Section 14. Revocation of Charter of Incorporation of the Minnesota 
           Chippewa Tribe Under the Indian Reorganization act

    Section 14 accepts the surrender of the charter of 
incorporation of the Minnesota Chippewa Tribe, as requested by 
the Tribe, pursuant to the Indian Reorganization Act.

  Section 15. Advisory Council on California Indian Policy Act of 1992

    Section 15 will amend the Advisory Council on California 
Indian Policy Act of 1992 to extend the term of the Advisory 
Council on California Indian Policy from 18 months to 36 
months.

Section 16. San Carlos Apache Tribe Water Rights Settlement Act of 1992

    Section 16 amends the San Carlos Apache Tribe Water Rights 
Settlement Act of 1992 to extend for one year the deadline for 
the parties to the settlement to complete agreements between 
the San Carlos Apache Tribe, the Phelps-Dodge Corporation, and 
the Town of Globe.

          Section 17. In-Lieu Fishing Site Transfer Authority

    Section 17 amends section 401 of the Public Law 100-581, to 
provide the authority to the Army Corps of Engineers to provide 
funding for the operation and maintenance of certain in lieu 
fishing access sites.

          Section 18. Adolescent Transitional Living facility

    Section 18 provides authority to the Ponca Indian Tribe of 
Nebraska to utilize funds provided in prior fiscal years to 
acquire, develop, and maintain a transitional living facility 
for Indian adolescents.

    section 19. Expenditure of mescalero apache tribe judgment funds

    Section 19 provides authority to the Secretary of the 
Interior to reprogram, in accordance with resolutions approved 
by the Mescalero Apache Tribe, certain funds awarded to the 
Tribe by the Indian Claims Commission.

                section 20. establishment of a band roll

    Section 20 provides the Lac Vieux Desert Band of Lake 
Superior Chippewa Indians with authority to amend its base 
membership roll.

 section 21. option to incorporate self-determination provisions into 
                            self-governance

    Section 21 amends the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 458cc) to provide that 
participating tribes may elect to include any or all provisions 
of Title I, which deals with Public Law 93-638 contracts, in 
Title III and Title IV Self-Governance compacts.
    This section corrects an oversight in last year's 
amendments to the Self-Governance program. In response to the 
six-year refusal of the Departments of the Interior and Health 
and Human Services to promulgate rules to carry out the Indian 
Self-Determination and Education Assistance Act, Congress 
enacted the Indian Self-Determination Act Amendments of 1994, 
which streamlined the contracting and compacting process, 
curbed the Departments' rulemaking authority, and required the 
Departments to negotiate new regulations with the Indian 
tribes.
    Congress also enacted a new Title IV to the Act, known as 
the Tribal Self-Governance Act of 1994, which made permanent a 
Self-Governance demonstration project contained in Title III of 
the Act. Title IV, the permanent Self-Governance program, 
applies to functions within the Department of the Interior. 
Title III, which still remains a demonstration project, now 
applies to functions within the Department of Health and Human 
Services.
    Since the passage of the 1994 amendments, tribes and tribal 
organizations, the Indian Health Service, and the Department of 
the Interior have all worked on implementation of titles I, 
III, and IV of the Act. Unfortunately, the Departments' 
interpretation and implementation of the Act has not been in 
accord with Congressional intent.
    Specifically, the agencies have taken the position that the 
provisions of Title I, Governing Self-Determination Act or 
``638'' contracts that are advantageous to tribes may not be 
included in Self-Governance compacts and annual funding 
agreements negotiated under Titles III and IV. In addition, the 
position of the two Departments has not always been consistent, 
so that in certain instances, one Department has permitted 
inclusion of a Self-Governance clause reflective of a Title I 
provision while the other has not.
    The result has been an inconsistent treatment of Self-
Governance issues by the two Departments, and the denial to 
Self-Governance tribes of the substantial advantages afforded 
to the tribes under Title I of the Indian Self-Determination 
and Education Assistance Act. This is particularly troubling, 
since it has always been the intent of Congress that the Self-
Governance initiative should be at least as broad and favorable 
to the tribes as the original Title I contracting mechanism.
    The technical amendment would remedy these problems by 
allowing Indian tribes, at their option, to incorporate any or 
all provisions of Title I of the Indian Self-Determination and 
Education Assistance Act into Titles III and IV.
    It is not the intention of the Committee by this amendment 
to require that additional resolutions must be adopted by 
tribes to give tribal consortia, which have entered into 
compacts pursuant to tribal authorization, the authority to 
make the elections permitted by the amendment. Such consortia 
action pursuant to tribal resolutions could have negotiated for 
the inclusion of these provisions (including those contained in 
the model contract in section 108(c) of the Indian Self-
Determination and Education Assistance Act) in their compacts 
if the Indian Health Service and the Bureau of Indian Affairs 
had not taken the position that certain Title I provisions were 
outside the ambit of Titles III and IV. By this amendment the 
Congress is acting to remove any such impediment for Title II 
and Title IV Self-Governance tribes.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 2726 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 2726. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
2726 does not contain any new budget authority, spending 
authority, credit authority, or an increase of decrease in 
revenues or tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 2726.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
Rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
2726 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, December 20, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 2726, a bill to make certain technical 
corrections in laws relating to Native Americans, as ordered 
reported by the House Committee on Resources on December 15, 
1995. CBO estimates that enacting this bill would have no 
significant impact on the federal budget or on the budgets of 
state and local governments. Enacting H.R. 2726 would not 
affect direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply.
    H.R. 2726 would make technical corrections to the Indian 
Dams Safety Act of 1994, the Indian Self-Determination Contract 
Reform Act of 1994, the Native American Languages Act, and 
other acts relating to Native Americans. In addition, Section 
19 of H.R. 2726 would allow the Secretary of the Interior to 
use certain funds provided to the Mescalero Apache Tribe for 
any purpose approved by the Tribe, and Section 20 would provide 
the Lac Vieux Band of Lake Superior Chippewa Indians the 
authority to amend its base membership roll.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Rachel 
Robertson.
            Sincerely,
                                         June E. O'Neill, Director.

                          Departmental Reports

    The Committee has received no departmental reports on H.R. 
2726.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

               SECTION 9 OF THE ACT OF SEPTEMBER 21, 1994

 AN ACT To restore Federal services to the Pokagon Band of Potawatomi 
                                Indians.

SEC. 9. MEMBERSHIP LIST.

  (a) List of Members as of September 1994.--Not later than 120 
days after the date of enactment of this Act, the [Bands] Band 
shall submit to the Secretary a list of all individuals who, as 
of September 21, 1994, were members of the [respective Bands] 
Band.
  (b) List of Individuals Eligible for Membership.--
          (1) In general.--Not later than 18 months after the 
        date of enactment of this Act, the [Bands] Band shall 
        submit to the Secretary [membership rolls that contain] 
        a membership roll that contains the names of all 
        individuals eligible for membership [in such Bands] in 
        the Band. [Each such] The Band, in consultation with 
        the Secretary, shall determine whether an individual is 
        eligible for membership in the Band on the basis of 
        provisions in the governing documents of the Band that 
        determine the qualifications for inclusion in the 
        membership roll of the Band.
          (2) Publication of notice.--At such time as the 
        [rolls have] roll has been submitted to the Secretary, 
        the Secretary shall immediately publish in the Federal 
        Register a notice of [such rolls] such roll.
          (3) Maintenance of [rolls] roll.--The [Bands] Band 
        shall ensure that the [rolls are maintained] roll is 
        maintained and kept current.
                              ----------                              


LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS AND THE LITTLE RIVER BAND OF 
                           OTTAWA INDIANS ACT

          * * * * * * *

SEC. 5. REAFFIRMATION OF RIGHTS.

  (a) * * *
  (b) Existing Rights of [Tribe] Bands.--Nothing in this Act 
shall be construed to diminish any right or privilege of the 
Bands, or of their members, that existed prior to the date of 
enactment of this Act. Except as otherwise specifically 
provided in any other provision of this Act, nothing in this 
Act shall be construed as altering or affecting any legal or 
equitable claim the Bands might have to enforce any right or 
privilege reserved by or granted to the Bands which were 
wrongfully denied to or taken from the Bands prior to the 
enactment of this Act.
          * * * * * * *

SEC. 9. MEMBERSHIP LIST.

  (a) List of Present Membership.--Not later than 120 days 
after the date of enactment of this Act, the [Band] Bands shall 
submit to the Secretary a list of all individuals who, as of 
September 21, 1994, were members of [the Band.] the respective 
Bands.
  (b) List of Individuals Eligible for Membership.--
          (1) In general.--Not later than 18 months after the 
        date of enactment of this Act, [the Band shall submit 
        to the Secretary membership rolls that contain the 
        names of all individuals eligible for membership in 
        such Band. The Band, in consultation] each of the Bands 
        shall submit to the Secretary a membership roll that 
        contains the names of all individuals that are eligible 
        for membership in such Band. Each such Band, in 
        consultation with the Secretary, shall determine 
        whether an individual is eligible for membership in the 
        Band on the basis of provisions in the governing 
        documents of the Band that determine the qualifications 
        for inclusion in the membership roll of the Band.
          * * * * * * *
                              ----------                              


            SECTION 4 OF THE INDIAN DAMS SAFETY ACT OF 1994

SEC. 4. DAM SAFETY MAINTENANCE AND REPAIR PROGRAM.

  (a) * * *
          * * * * * * *
  (h) Contract Authority.--In addition to any other authority 
established by law, the Secretary is authorized to contract 
with Indian tribes [(under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b(e))), as amended,] 
under the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq.) to carry out the Dam Safety 
Maintenance and Repair Program established under this Act.
          * * * * * * *
                              ----------                              


               SECTION 4 OF THE ACT OF SEPTEMBER 18, 1978

   AN ACT To provide for the extension of certain Federal benefits, 
 services, and assistance to the Pascua Yaqui Indians of Arizona, and 
                          for other purposes.

          * * * * * * *

SEC. 4. STUDY.

  (a) * * *
  (b) Tribal Participation.--The Secretary shall provide for 
the participation of members of the Pascua Yaqui [tribe] Tribe 
to carry out subsection (a).
          * * * * * * *
                              ----------                              


      SECTION 3 OF THE INDIANS LANDS OPEN DUMP CLEANUP ACT OF 1994

SEC. 3. DEFINITIONS.

  For the purposes of this Act, the following definitions shall 
apply:
          (1) * * *
          * * * * * * *
          (7) Open dump.--The term ``open dump'' means any 
        facility or site where solid waste is disposed of which 
        is not a sanitary landfill which meets the criteria 
        promulgated [under section 6944 of the Solid Waste 
        Disposal Act (42 U.S.C. 6941 et seq.)] under section 
        4004 of the Solid Waste Disposal Act (42 U.S.C. 6944) 
        and which is not a facility for disposal of hazardous 
        waste.
          * * * * * * *
                              ----------                              


        AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM ACT OF 1994

          * * * * * * *

            TITLE III--SPECIAL TRUSTEE FOR AMERICAN INDIANS

          * * * * * * *

SEC. 303. AUTHORITIES AND FUNCTIONS OF THE SPECIAL TRUSTEE.

  (a) * * *
          * * * * * * *
  (c) Coordination of Policies.--
          (1) * * *
          * * * * * * *
          (5) Trust management program budget.--
                  (A) * * *
          * * * * * * *
                  (D) Maintenance of records.--The Special 
                Trustee shall maintain records of 
                certifications [made under paragraph (3)(B)] 
                made under subparagraph (C).
          * * * * * * *

SEC. 306. ADVISORY BOARD.

  (a) * * *
          * * * * * * *
  (d) Termination.--The [Advisory Board] advisory board shall 
terminate upon termination of the Office of Special Trustee.
          * * * * * * *
                              ----------                              


  SECTION 102 OF THE INDIAN SELF-DETERMINATION CONTRACT REFORM ACT OF 
                                  1994

SEC. 102. GENERAL AMENDMENTS.

  The Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450 et seq.) is amended--
          (1) * * *
          * * * * * * *
          (11) by striking subsection (e) of section 105 and 
        inserting the following new subsection:
  ``(e) If an Indian tribe, or a tribal organization authorized 
by a tribe, requests retrocession of the appropriate Secretary 
for any contract or portion of a contract entered into pursuant 
to this Act, unless the tribe or tribal organization rescinds 
the request for retrocession, such retrocession shall become 
effective on--
          ``(1) * * *
          * * * * * * *
                              ----------                              


                     AUBURN INDIAN RESTORATION ACT

          * * * * * * *

                  TITLE II--AUBURN INDIAN RESTORATION

SEC. 201. SHORT TITLE.

  This title may be cited as the ``Auburn Indian Restoration 
Act''.
          * * * * * * *

SEC. 203. ECONOMIC DEVELOPMENT.

  (a) Plan for Economic Development.--The Secretary shall--
          (1) * * *
          (2) in accordance with this section and not later 
        than 2 years after the adoption of a tribal 
        constitution [as provided in section 107] as provided 
        in section 207, develop such a plan; and
          * * * * * * *
  (b) Restrictions.--Any proposed transfer of real property 
contained in the plan developed by the Secretary under 
subsection (a) shall be consistent with the requirements of 
section [104] 204.
          * * * * * * *

SEC. 206. INTERIM GOVERNMENT.

  Until a new tribal constitution and bylaws are adopted and 
become effective under section 207, the Tribe's governing body 
shall be an Interim Council. The initial membership of the 
Interim Council shall consist of the members of the Executive 
Council of the Tribe on the date of the enactment of this 
title, and the Interim Council shall continue to operate in the 
manner prescribed for the Executive Council under the tribal 
constitution adopted July 20, 1991, as long as such 
constitution is not contrary to Federal law. Any new members 
filling vacancies on the Interim [council] Council shall meet 
the enrollment criteria set forth in section 205(b) and be 
elected in the same manner as are Executive Council members 
under the tribal constitution adopted July 20, 1991.
          * * * * * * *
                              ----------                              


                  CROW BOUNDARY SETTLEMENT ACT OF 1994

          * * * * * * *

SEC. 5. SETTLEMENT TERMS AND CONDITIONS AND EXTINGUISHMENT OF CLAIMS.

  (a) * * *
  (b) Property Within Parcel Number 2.--
          (1) * * *
          * * * * * * *
          (3) Enforcement.--The [provisions of subsection (b)] 
        provisions of this subsection may be enforced, in law 
        or in equity, by the Northern Cheyenne Tribe, Northern 
        Cheyenne allottees, and their successors in interest, 
        in accordance with their respective interests.
          * * * * * * *

SEC. 9. APPLICABILITY.

  (a) In General.--[The] This Act shall take effect upon the 
occurrence of the following conditions:
          (1) * * *
          * * * * * * *

SEC. 10. ESCROW FUNDS.

  (a) * * *
  (b) Establishment of Suspension Accounts.--As soon as 
practicable after the Settlement Agreement is executed and 
approved pursuant to this Act, the Secretary of the Treasury 
shall establish in the Treasury of the United States two 
interest bearing accounts to be known respectively as the 
``Crow Tribal Suspension Account'' and the ``Northern Cheyenne 
Tribal Suspension Account'' [(collectively referred to in this 
subsection as the ``Suspension Accounts'')] (collectively 
referred to in this section as the ``Suspension Accounts''), 
consisting of--
          (1) such amounts as are transferred to the Suspension 
        Accounts under subsection (c); and
          (2) any interest earned on investments of amounts in 
        the Suspension Accounts under subsection (e).
          * * * * * * *
                              ----------                              


     SECTION 205 OF THE TLINGIT AND HAIDA STATUS CLARIFICATION ACT

          * * * * * * *

   TITLE II--CENTRAL COUNCIL OF TLIN- GIT AND HAIDA INDIAN TRIBES OF 
                                 ALASKA

SEC. 201. SHORT TITLE.

  This title may be cited as the ``Tlingit and Haida Status 
Clarification Act''.
          * * * * * * *

SEC. 205. PROHIBITION AGAINST DUPLICATIVE SERVICES.

  Other federally recognized tribes in Southeast Alaska shall 
have precedence over the Central Council of Tlingit and Haida 
Indian Tribes of Alaska in the award of a Federal compact, 
contract or grant to the extent that their service population 
overlaps with that of the Central Council of Tlingit and Haida 
Indian [tribes] Tribes of Alaska. In no event shall dually 
enrolled members result in duplication of Federal service 
funding.
                              ----------                              


            SECTION 103 OF THE NATIVE AMERICAN LANGUAGES ACT

          * * * * * * *

                 TITLE I--NATIVE AMERICAN LANGUAGES ACT

                              SHORT TITLE

  Sec. 101. This title may be cited as the ``Native American 
Languages Act''.
          * * * * * * *

                              DEFINITIONS

  Sec. 103. For purposes of this title--
          (1) The term ``Native American'' means an Indian, 
        Native Hawaiian, or Native American Pacific Islander.
          (2) The term ``Indian'' has the meaning given to such 
        term [under section 5351(4) of the Indian Education Act 
        of 1988 (25 U.S.C. 2651(4))] under section 9161(4) of 
        the Improving America's Schools Act of 1994 (20 U.S.C. 
        7881(4)).
          (3) The term ``Native Hawaiian'' has the meaning 
        given to such term by [section 4009 of Public Law 100-
        297 (20 U.S.C. 4909)] section 9212(1) of the Improving 
        America's Schools Act of 1994 (20 U.S.C. 7912(1)).
          * * * * * * *
                              ----------                              


                 SECTION 5 OF THE PONCA RESTORATION ACT

                                services

  Sec. 5. Notwithstanding any other provision of law, the Tribe 
and its members shall be eligible, on or after the date of 
enactment of this Act, for all Federal services and benefits 
furnished to federally recognized tribes without regard to the 
existence of a reservation for the Tribe. In the case of 
Federal services available to members of federally recognized 
tribes residing on or near a reservation, members of the Tribe 
residing in Sarpy, Burt, Platte, Stanton, Holt, Hall, Wayne, 
Knox, Boyd, Madison, Douglas, or Lancaster Counties of Nebraska 
[or Charles Mix County], Woodbury or Pottawattomie Counties of 
Iowa, or Charles Mix County of South Dakota shall be deemed to 
be residing on or near a reservation.
                              ----------                              


     SECTION 112 OF THE YAVAPAI-PRESCOTT INDIAN TRIBE WATER RIGHTS 
                         SETTLEMENT ACT OF 1994

SEC. 112. EFFECTIVE DATE.

  (a) * * *
  (b) Deadline.--If the actions described in paragraphs (1), 
(2), (3), and (4) of subsection (a) have not occurred by 
[December 31, 1995] June 30, 1996, any contract between 
Prescott and the United States entered into pursuant to section 
106(d) shall not thereafter be effective, and any funds 
appropriated by the State of Arizona pursuant to the Settlement 
Agreement shall be returned by the Tribe to the State of 
Arizona.
                              ----------                              


 SECTION 5 OF THE ADVISORY COUNCIL ON CALIFORNIA INDIAN POLICY ACT OF 
                                  1992

SEC. 5. DUTIES OF THE COUNCIL.

  The Council shall--
          (1) * * *
          * * * * * * *
          (6) submit, by no later than the date that is [18] 36 
        months after the date of the first meeting of the 
        Council, a report on the study conducted under 
        paragraph (3) together with the proposals and 
        recommendations developed under paragraphs (2) and (5) 
        and such other information obtained pursuant to this 
        section as the Council deems relevant, to the Congress, 
        the Secretary, and the Secretary of Health and Human 
        Services; and
          * * * * * * *
                              ----------                              


    THE SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT ACT OF 1992

          * * * * * * *

 TITLE XXXVII--SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT, ARIZONA

SEC. 3701. SHORT TITLE.

  This title may be cited as the ``San Carlos Apache Tribe 
Water Rights Settlement Act of 1992''.
          * * * * * * *

SEC. 3711. EFFECTIVE DATE.

  (a) * * *
  (b) Conditions.--(1) If the actions described in paragraphs 
(1), (2), (3), (4), (5), (6), and (7) of subsection (a) of this 
section have not occurred by December 31, [1995] 1996, 
subsections (c) and (d) of section 3704, subsections (a) and 
(b) of section 3705, section 3706, subsections (a)(2), (c), 
(d), and (f) of section 3707, subsections (b) and (c) of 
section 3708, and subsections (a), (b), (c), (d), (e), (g), 
(h), (j), and (l) of section 3710 of this title, together with 
any contracts entered into pursuant to any such section or 
subsection, shall not be effective on and after the date of 
enactment of this title, and any funds appropriated pursuant to 
section 3707(c), and remaining unobligated and unexpended on 
the date of the enactment of this title, shall immediately 
revert to the Treasury, as general revenues, and any funds 
appropriated by the State of Arizona pursuant to the Agreement, 
and remaining unobligated and unexpended on the date of the 
enactment of this title, shall immediately revert to the State 
of Arizona.
          * * * * * * *
                              ----------                              


               SECTION 401 OF THE ACT OF NOVEMBER 1, 1988

 AN ACT To establish procedures for review of tribal constitutions and 
 bylaws or amendments thereto pursuant to the Act of June 18, 1934 (48 
                              Stat. 987).

          * * * * * * *
  Sec. 401. (a) * * *
          * * * * * * *
  (g) The Secretary of the Army is authorized to transfer funds 
to the Department of the Interior to be used for purposes of 
the continued operation and maintenance of sites improved or 
developed under this section.
                              ----------                              


   SECTION 5 OF THE LAC VIEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA 
                              INDIANS ACT

SEC. 5. ESTABLISHMENT OF A BAND ROLL.

  (a) * * *
          * * * * * * *
  (d)(1) * * *
  (2) The Band may modify such quarter Chippewa blood quantum 
requirement and base roll if such [modification is] 
modifications are adopted in the tribal election as prescribed 
under paragraph (a) of section 6 or in a referendum by a 
majority of the voters and approved by the Secretary of the 
Interior. The Secretary shall approve such new membership 
requirements once adopted by the tribal voters unless he finds 
that the proposed amendment is contrary to Federal law.
                              ----------                              


 SECTION 403 OF THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE 
                                  ACT

SEC. 403. FUNDING AGREEMENTS.

  (a) * * *
          * * * * * * *
  (l) Incorporate Self-Determination Provisions.--At the option 
of a participating tribe or tribes, any or all provisions of 
title I of this Act shall be made part of an agreement entered 
into under title III of this Act or this title. The Secretary 
is obligated to include such provisions at the option of the 
participating tribe or tribes. If such provision is 
incorporated it shall have the same force and effect as if set 
out in full in title III or this title.