[Senate Report 105-342]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 595
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-342
_______________________________________________________________________


 
TO EXTEND THE ADVISORY COUNCIL ON CALIFORNIA INDIAN POLICY TO ALLOW THE 
   ADVISORY COUNCIL TO ADVISE CONGRESS ON THE IMPLEMENTATION OF THE 
         PROPOSALS AND RECOMMENDATIONS OF THE ADVISORY COUNCIL

                                _______
                                

               September 22, 1998.--Ordered to be printed

_______________________________________________________________________


   Mr. Campbell, from the Committee on Indian Affairs, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3069]

    The Committee on Indian Affairs, to which was referred the 
bill (H.R. 3069) to extend the Advisory Council on California 
Indian Policy to allow the Advisory Council to advise Congress 
on the implementation of the proposals and recommendations of 
the Advisory Council, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill, as amended do pass.

                                Purposes

    Under current law, the Advisory Council on California 
Indian Policy ceases to exist in March, 1998; six (6) months 
after submitting its report to Congress. In September, 1997, 
the Advisory Council submitted its report to Congress. H.R. 
3069 would provide the Advisory Council with an extension to 
March 31 2000, to permit the Advisory Council to advise 
Congress on the implementation of the recommendations contained 
in its September, 1997, report.

                               Background

    In 1992, Congress enacted the Advisory Council on 
California Indian Policy Act of 1992, P.L. 102-416; as amended, 
P.L. 104-109. The Act established a statewide Indian Council 
consisting of representatives of Federally-recognized tribes, 
terminated tribes, and unacknowledged tribes. The Advisory 
Council was directed to submit recommendations to Congress 
regarding remedial measures regarding economic self-
sufficiency, education, and health care.
    Section 5 of the Act requires the Advisory Council to 
conduct a comprehensive study of the social, economic and 
political status of California Indians; the effectiveness of 
the policies and programs of the United States that affect 
California Indians; and the services and facilities being 
provided to California tribes, compared to those being provided 
to tribes nationwide.
    Pursuant to the mandates of the Act, in September, 1997, 
the Advisory Council submitted its recommendations in the form 
of an executive summary accompanied by eight (8) separate 
reports involving Federal recognition; termination; health 
care; education, culture; community services; economic 
development; and natural resources.

                 Summary of the Provisions of H.R. 3069

    Under current law, the Advisory Council ceased to exist in 
March, 1998--six (6) months after submitting its report to 
Congress. H.R. 3069 would provide the Advisory Council with an 
extension to March 31, 2000.
    It is proposed that within this extended period, the 
Advisory Council advise Congress on the implementation of the 
recommendations contained in its September, 1997, report. 
Specifically, under the terms of H.R. 3069, the Advisory 
Council is requested:
          1. To consult with Federal agencies and departments 
        regarding potential changes in law, regulation or 
        policy;
          2. Present draft legislation to Congress to implement 
        its recommendations;
          3. Initiate discussions in the State of California to 
        identify areas of potential state-tribal cooperation to 
        complement Federal actions;
          4. Provide information to and consult with California 
        Indian tribes on discussions with Federal and State 
        agencies regarding implementation of the 
        recommendations; and
          5. Provide annual progress reports to the Senate 
        Committee on Indian Affairs and the House Committee on 
        Resources on the status of implementation of the 
        recommendations.
    The 1992 Act authorized $700,000 in appropriations to carry 
out the wok of the Advisory Council. No additional 
appropriations are authorized by H.R. 3069 to carry out the 
implementation phase of the Advisory Council's work.

                          Committee Amendment

    An amendment, proposed by Senator Murkowski, to the Coast 
Guard Authorization Act of 1996, would remove the restriction 
against use of a site in Ketchikan, Alaska for health or social 
services activities. The amendment reverses the action taken in 
the FY 1998 Interior Appropriations Act, thereby restoring the 
1996 language limiting the site to ``use as a health or social 
services facility.''
    The site in Ketchikan, Alaska was originally conveyed in 
1996 for use as a ``health or social services'' facility. In 
1997, the Congress revised the use restriction to require 
either sale or use for non-health purposes to assure that the 
use restriction did not influence an overriding question of who 
is the appropriate Native health care provider in the Ketchikan 
Borough. Since then, the provider issue has been fully and 
finally resolved. Therefore, the non-health use restriction is 
no longer necessary, and in fact, hampers the Ketchikan Indian 
Corporation's efforts to develop a new health facility on this 
site next to the Ketchikan General Hospital.

                          Legislative History

    On June 16, 1998, after being reported favorably by the 
House Resources Committee, the House passed H.R. 3069. H.R. 
3069 was referred to the Committee on Indian Affairs in the 
Senate.
    On June 29, 1998, the Committee in an open business 
session, considered H.R. 3069, with an amendment proposed by 
Senator Murkowski. The bill was ordered reported with a 
recommendation that the bill, as amended, do pass.

            Committee Recommendation and Tabulation of Vote

    The Senate Committee on Indian Affairs, in open business 
session of June 29, 1998, by unanimous vote, recommends that 
the Senate pass H.R. 3069 with an amendment.
    To complete the efforts of the Advisory Council and to 
retain the Council as a viable entity should the Congress need 
to call on it or its members to discuss the recommendations 
contained in the report, staff recommends that H.R. 3069 be 
adopted and reported to the Senate.

                    Cost and Budgetary Consideration

    The cost estimate for H.R. 3069 as calculated by the 
Congressional Budget Office, is set forth below:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 14, 1998.
Hon. Ben Nighthorse Campbell,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3069, the Advisory 
Council on California Indian Policy Extension Act of 1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Dorothy 
Rosenbaum.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

               congressional budget office cost estimate

H.R. 3069--Advisory Council on California Indian Policy Extension Act 
        of 1997

    Summary: H.R. 3069, as ordered reported by the Senate 
Committee on Indian Affairs, contains two provisions. One would 
delay the termination date of the Advisory Council on 
California Indian Policy (ACCIP) until March 31, 2000, and 
would expand the duties of the council. The other provision 
would allow the Ketchikan Indian Corporation of Alaska to use a 
former Coast Guard facility to provide health care services.
    CBO estimates that enacting H.R. 3069 would have no 
significant impact on the federal budget. Because enacting the 
bill would affect direct spending and receipts, pay-as-you-go 
procedures would apply, but we estimate that any such effects 
would be insignificant. The legislation contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act of 1995 (UMRA) and would not 
affect the budgets of state, local, or tribal governments.

Estimated cost to the Federal Government

    Advisory Council on California Indian Policy.--Current law 
authorizes the ACCIP to operate until 180 days after it has 
submitted a report, made recommendations, and provided certain 
information to the Congress and to the Secretaries of the 
Interior and Health and Human Services. Because the council 
completed these reporting requirements on September 30, 1997, 
its operating authority terminated under current law at the end 
of March 1998. H.R. 3069 would extend the authority of the 
ACCIP to operate until March 31, 2000, and expand the duties of 
the council.
    Current law authorizes the appropriation of $700,000 for 
the Advisory Council on California Indian Policy. H.R. 3069 
would not amend that authorization. The total amount authorized 
has already been appropriated for the council, and according to 
the Bureau of Indian Affairs (BIA), the council has spent 
nearly all of its allotted funds. Based on information from 
BIA, CBO estimates that continued operation of the ACCIP would 
cost an additional $100,000 a year for the next two years, 
subject to appropriation of the necessary amounts.
    The ACCIP can accept and spend private donations. Donations 
collected under this authority count as governmental receipts, 
and their expenditure counts as direct spending. By extending 
the authority of the council to operate until March 31, 2000, 
H.R. 3069 also would extend the council's authority to accept 
and spend donations. CBO estimates that any new collections of 
receipts would be insignificant.
    Ketchikan Indian Corporation.--Current law prohibits the 
Ketchikan Indian Corporation of Alaska from using a former 
Coast Guard property that was conveyed to them in 1996 for the 
provision of certain health programs funded by the Indian 
Health Service. H.R. 3069, as ordered reported by the Senate 
Committee on Indian Affairs, would remove this restriction. The 
change would not affect the amount authorized to be 
appropriated for the Indian Health Service, or any other 
federal program.
    Pay-as-you-go considerations: Section 252 of the Balanced 
Budget and Emergency Deficit Control Act of 1985 sets up pay-
as-you-go procedures for legislation affecting direct spending 
or receipts. H.R. 3069 could affect both direct spending and 
receipts; therefore, pay-as-you-go procedures would apply. CBO 
estimates, however, that any changes in receipts from donations 
to the ACCIP and consequent changes in direct spending would 
both be insignificant.
    Intergovernmental and private-sector impact: H.R. 3069 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Previous CBO estimate: On April 13, 1998, CBO provided an 
estimate for H.R. 2069 as ordered reported by the House 
Committee on Resources on March 24, 1998. The two versions of 
the provision affecting the Advisory Council on California 
Indian Policy are the same. The House version did not contain 
the provision affecting the Ketchikan Indian Corporation 
property.
    Estimate prepared by: Victoria V. Heid and Dorothy 
Rosenbaum.
    Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
implementing the legislation. The Committee has concluded that 
enactment of H.R. 3069 will create no new regulatory or 
paperwork burdens.

                        Executive Communications

    The Committee has received no official communications from 
the Administration on the provisions of the bill.

                        Changes in Existing Law

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill are required to be set out in the accompanying 
Committee report. The Committee states that enactment of H.R. 
3069 will result in the following changes in 25 U.S.C. 650, 
with existing language which is to be deleted in black brackets 
and new language to be added in italic:

           *       *       *       *       *       *       *


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Advisory Council on 
California Indian Policy Act of 1992''

SEC. 2. FINDINGS.

    The Congress has reviewed the social, economic, and 
political circumstances of California Indians and of 
governmental policies and programs affecting California Indians 
and finds that--
          (1) the Congress has recognized a special government-
        to-government relationship with Indian tribes in the 
        United States;
          (2) due to the unique historical circumstances of the 
        Indians of California, Federal law and policies have 
        often dealt specifically with California Indians;
          (3) there is an urgent need to clarify the 
        eligibility of unrecognized and terminated California 
        Indian tribal groups to be federally-acknowledged as 
        Indian tribes with all the rights and powers attendant 
        to that status;
          (4) there is among California Indians a continuing 
        social and economic crisis, characterized by, among 
        other things, alcohol and substance abuse, critical 
        health problems, family violence and child abuse, lack 
        of educational and employment opportunities, and 
        significant barriers to tribal economic development;
          (5) these conditions exist even though public 
        policies and programs adopted by the Federal Government 
        have been intended to improve the conditions of 
        California Indians; and
          (6) California Indian tribes and tribal organizations 
        have expressed a need for a review of the public 
        policies and programs affecting California Indians and 
        to make such policies and programs more effective in 
        accomplishing Federal policy objectives.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
          (1) The term ``California Indian tribe'' means any 
        federally-recognized or unacknowledged Indian tribe 
        located in the State of California.
          (2) The term ``Secretary'' means the Secretary of the 
        Interior.
          (3) The term ``Bureau'' means the Bureau of Indian 
        Affairs of the Department of the Interior.
          (4) The term ``federally-recognized Indian tribe'' 
        means any Indian tribe, band, group, or community 
        that--
                  (A) has been federally-recognized or 
                acknowledged by the United States Government 
                through an Act of Congress, a Federal judicial 
                decision, or an administrative decision by the 
                Secretary pursuant to part 83 of title 25, Code 
                of Federal Regulations;
                  (B) was terminated by an Act of Congress and 
                has been restored through an Act of Congress, a 
                Federal judicial decision, an administrative 
                determination or action by the Secretary; or
                  (C) is included, as of the date of the 
                enactment of this Act, on the list of 
                federally-recognized tribes maintained by the 
                Secretary.
          (5) The term ``unacknowledged Indian tribe'' means 
        any Indian tribe, band, group, or community that is not 
        now federally-acknowledged by the United States 
        Government and has not been terminated by an Act of 
        Congress.
          (6) The term ``terminated Indian tribe'' means any 
        Indian tribe, band, or community that has been 
        terminated by an Act of Congress and has not been 
        restored through an Act of Congress, a Federal judicial 
        decision, or an administrative determination or action 
        by the Secretary.
          (7) The term ``Council'' means the Advisory Council 
        on California Indian Policy established pursuant to 
        section 4.

SEC. 4. ESTABLISHMENT OF ADVISORY COUNCIL.

    (a) Establishment.--There is hereby established the 
Advisory Council on California Indian Policy.
    (b) Members.--The Council shall be composed of 18 members 
who, other than the members provided for by paragraph (8), 
shall be appointed by the Secretary not later than 90 days 
after the date of the enactment of this Act as follows:
          (1) Two tribal government representatives (or their 
        designees) from the federally-recognized Indian tribes 
        located with the northern California Agency area of the 
        Bureau, including all field and subagencies.
          (2) Two tribal government representatives (or their 
        designees) from the unacknowledged Indian tribes 
        located within the northern California Agency area of 
        the Bureau, including all field and subagencies.
          (3) Three tribal government representatives (or their 
        designees) from the federally-recognized Indian tribes 
        located within the central California Agency area of 
        the Bureau, including all field and subagencies.
          (4) Three tribal government representatives (or their 
        designees) from the unacknowledged Indian tribes 
        located in the central California Agency area of the 
        Bureau, including all field and subagencies.
          (5) Two tribal government representatives (or their 
        designees) from the federally-recognized Indian tribes 
        within the southern California Agency area of the 
        Bureau, including all field and subagencies.
          (6) Two tribal government representatives (or their 
        designees) from the unacknowledged Indian tribes 
        located within the southern California Agency area of 
        the Bureau, including all field and subagencies.
          (7) Two tribal government representatives (or their 
        designees) from the terminated Indian tribes located 
        within the northern, central, or southern California 
        Agency areas of the Bureau, including all field and 
        subagencies.
          (8) The Area Director of the California Area Office 
        of the Bureau and the Area Director of the California 
        Area Office of the Indian Health Service who shall 
        serve ex officio and as nonvoting members of the 
        Council.
    (c) Recommendations From California Indian Tribes.--In 
making appointments to the Council under subsection (b), the 
Secretary shall ensure that the California Indian tribes have 
been afforded a full and fair opportunity to select by 
consensus, in accordance with procedures developed by the 
Council Indian tribes, representatives they will recommend to 
the Secretary for appointment to the Council, consult with the 
California Indian tribes; and make appointments to the Council 
from among those recommended or nominated by California Indian 
tribes.
    (d) Initial Meeting.--The Council shall hold its first 
meeting by no later than the date that is 30 days after the 
date on which all members of the Council have been appointed.
    (e) Vacancy.--Any vacancy in the Council shall not affect 
its powers, but shall be filled in the same manner in which the 
original appointments were made.
    (f) Quorum.--Ten voting members shall constitute a quorum 
for the transaction of business, but a smaller number, as 
determined by the Council, may conduct hearings.
    (g) Chairperson; Vice Chairperson.--The Council shall 
select a Chairperson, a Vice Chairperson, and such other 
officers as it deems necessary.
    (h) Compensation.--No compensation shall be paid to a 
member of the Council solely for his services on the Council. 
All members of the Council shall be reimbursed for travel 
expenses, including per diem in lieu of subsistence, during the 
performance of duties of the Council while away from home or 
their regular place of business in accordance with subchapter 1 
of chapter 57 of title 5, United States Code.

SEC. 5. DUTIES OF THE COUNCIL.

    The Council shall--
          (1) develop a comprehensive list of California Indian 
        tribes and the descendancy list for each tribe based 
        upon documents held by the Bureau including, but not 
        limited to those specified in section 6;
          (2) identify the special problems confronting 
        unacknowledged and terminated Indian tribes and propose 
        reasonable mechanisms to provide for the orderly and 
        fair consideration of requests by such tribes for 
        Federal acknowledgement;
          (3) conduct a comprehensive study of--
                  (A) the social, economic, and political 
                status of California Indians;
                  (B) the effectiveness of those policies and 
                programs of the United States that affect 
                California Indians; and
                  (C) the services and facilities being 
                provided to California Indian tribes, compared 
                to those being provided to Indian tribes 
                nationwide;
          (4) conduct public hearings on the subjects of such 
        study;
          (5) develop recommendations for specific actions 
        that--
                  (A) will help to ensure that California 
                Indians have life opportunities comparable to 
                other American Indians of federally-recognized 
                tribes, while respecting their unique 
                traditions, cultures, and special status as 
                California Indians;
                  (B) will address, among other things, the 
                needs of California Indians for economic self-
                sufficiency, improved levels of education 
                achievement, improved health status, and 
                reduced incidence of social problems; and
                  (C) will respect the important cultural 
                differences which characterize California 
                Indians and California Indian tribes and tribal 
                groups:
          (6) submit, by no later than the date that is 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]
          (7) make such report available to California Indian 
        tribes, tribal organizations, and the public[.] and
          (8) work with Congress, the Secretary, the Secretary 
        of Health and Human Services, and the California Indian 
        tribes, to implement the Council's proposals and 
        recommendations contained in the report submitted under 
        paragraph (6), including--
                  ``(A) consulting with Federal departments and 
                agencies to identify those recommendations that 
                can be implemented, or in the very near future, 
                an those which will require long term changes 
                in law, regulations, or policy;
                  (B) working with Federal departments and 
                agencies to expedite to the greatest extent 
                possible the implementation of the Council's 
                recommendations;
                  ``(C) presenting draft legislation to 
                Congress for implementation of the 
                recommendations requiring legislative changes;
                  ``(D) initiating discussions with the State 
                of California and its agencies to identify 
                specific areas where State actions or tribal-
                state cooperation can complement actions by the 
                Federal Government to implement specific 
                recommendations;
                  ``(E) providing timely information to and 
                consulting with California Indian tribes on 
                discussions between the Council and Federal and 
                State agencies regarding implementation of the 
                recommendations; and
                  ``(F) providing annual progress reports to 
                the Committee on Indian Affairs of the Senate 
                and the Committee on Resources of the House of 
                Representatives on the status of the 
                implementation of the recommendations.''.

SEC. 6. ACCESS TO DESCENDANCY LISTS.

    The Secretary shall provide to the Council, not later than 
30 days after the first meeting of the Council, the following 
documents:
          (1) The rolls of California Indians developed in 1972 
        pursuant to the distribution of the Indian Claims 
        Commission award of July 20, 1964, including, but not 
        limited to, dockets Nos. 31, 37, 80, 80-D, and 347, and 
        authorized by the Act of September 21, 1968 (82 Stat. 
        860).
          (2) The rolls of California Indians developed in 1955 
        pursuant to the distribution of the 1944 United States 
        Court of Claims judgment award and authorized by the 
        Act of May 18, 1928 (45 Stat. 602), as amended by the 
        Act of June 30, 1948 (62 Stat. 1166), the Act of May 
        24, 1950 (64 Stat. 189), and the Act of June 8, 1954 
        (68 Stat. 240).
          (3) The rolls of California Indians developed in 1933 
        pursuant to the distribution of the United States Court 
        of Claims judgment award and authorized by the Act of 
        May 18, 1928 (45 Stat. 602).
          (4) The lists and rolls of California Indians 
        registered as Indian by the Bureau of Indian Affairs 
        developed pursuant to section 19 of the Act of June 18, 
        1934 (48 Stat. 984).
          (5) The lists and rolls of California Indians 
        developed pursuant to the Acts of Congress terminating 
        reservations and rancherias, including distributee 
        rolls developed for the distribution of assets under 
        the Act of August 18, 1958 (72 Stat. 619), the Act of 
        July 10, 1957 (71 Stat. 283), and the Act of March 29, 
        1956 (70 Stat. 58).
          (6) Any other rolls developed for Indian Claims 
        Commission judgment awards covering any California land 
        areas.
          (7) Upon the consent of each tribe, the current 
        tribal membership rolls of California Indian tribes, 
        except that, nothing in this paragraph or any other 
        provision of this Act shall be construed as prohibiting 
        any Indian tribal government from imposing any 
        condition, limitation, or other restriction on the use 
        or dissemination of any information or other data made 
        available by consent of such tribal government to the 
        Council under this Act.

SEC. 7. POWERS OF THE COUNCIL.

    (a) Staff.--(1) Subject to such rules and regulations as 
may be adopted by the Council, the Chairperson of the Council 
shall have the power to--
          (A) appoint, terminate, and fix the compensation 
        (without regard to the provisions of title 5, United 
        States Code, government appointments in the competitive 
        service, and without regard to the provisions of 
        chapter 51 and subchapter III of chapter 53 of such 
        tile, or of any other provision of law relating to the 
        number, classification, and General Schedule rates) of 
        an Executive Director of the Council and of such other 
        personnel as the Council deems advisable to assist in 
        the performance of the duties of the Council, at rates 
        not to exceed a rate equal to the maximum rate of basic 
        pay payable under section 5376 of such title for a 
        position classified above GS-15 pursuant to section 
        5108 of such title; and
          (B) procure, as authorized by section 3109 of title 
        5, United States Code, temporary and intermittent 
        services to the same extent as is authorized for 
        agencies in the executive branch, but at rates not to 
        exceed the daily equivalent of the maximum annual rate 
        of basic pay payable under section 5376 of such title 
        for a position classified above GA-15 pursuant to 
        section 5108 of such title.
    (2) Service of an individual as a member of the Council 
shall not be considered as service or employment bringing such 
individual within the provisions of any Federal law relating to 
conflicts of interest or otherwise imposing restrictions, 
requirements, or penalties in relation to the employment of 
persons, the performance of services, or the payment or receipt 
ofcompensation in connection with claims, proceedings, or 
matters involving the United States. Service as a member of the 
Council, or as an employee of the Council, shall not be considered 
service in an appointive or elective position in the Government for 
purposes of section 8344 of title 5, United States Code, or comparable 
provisions of Federal law.
    (b) Actions.--The Council may hold such hearings and sit 
and act at such times, take such testimony, have such printing 
and binding done, enter into such contracts and other 
arrangements, make such expenditures, and take such other 
actions, as the Council may deem advisable provided, however, 
that no such action, contracting arrangement or expenditure be 
committed beyond the duration of the life of the Council 
pursuant to section 8. Any member of the Council may administer 
oaths or affirmations to witnesses appearing before the 
Council.
    (c) Task Forces.--The Council is authorized to establish 
task forces which include individuals who are not members of 
the Council only for the purpose of gathering information on 
specific subjects identified by the Council as requiring the 
knowledge and expertise of such individuals. Any task force 
established by the Council shall be chaired by a voting member 
of the Council who shall preside at any task force hearing 
authorized by the Council. No compensation (other than 
compensation and expenses authorized under section 4(h) to a 
member of the Council) may be paid to a member of a task force 
solely for his service on the task force, but the Council may 
authorize the reimbursement of members of a task force for 
travel expenses, including per diem in lieu of subsistence, 
during the performance of duties while away from the home, or 
regular place of business, of the member, in accordance with 
subchapter I of chapter 57 of title 5, United States Code. The 
Council shall not authorize the appointment of personnel to act 
as staff for the task force, but may permit the use of Council 
staff and resources by a task force for the purpose of 
compiling data and information. Such data and information shall 
be for the exclusive use of the Council.
    (d) Funding.--The Council is authorized to accept gifts of 
property, services, or funds and to expend funds derived from 
sources other than the Federal Government, including the State 
of California, private nonprofit organizations, corporations, 
or foundations which are determined appropriate and necessary 
to carry out the provisions of this title.
    (e) Federal Advisory Committee Act.--The provisions of the 
Federal Advisory Committee Act shall not apply to the Council.
    (f) Cooperation of Federal Agencies.--(1) The Council is 
authorized to secure directly from any office, department, 
agency, establishment, or instrumentality of the Federal 
Government such information as the Council may require to carry 
out the purposes of this title, and each such officer, 
department, agency, establishment, or instrumentality is 
authorized and directed to furnish, to the extent permitted by 
law, such information, suggestions, estimates, and statistics, 
directly to the Council, upon request made by the Chairperson 
of the Council.
    (2) Upon the request of the Council, the head of any 
Federal department, agency, or instrumentality is authorized to 
make any of the facilities and services of such department, 
agency, or instrumentality available to the Council and detail 
any of the personnel of such department, agency, or 
instrumentality to the Council, on a nonreimbursable basis, to 
assist the Council in carrying out its duties under this title.
    (3) The Council may use the United States mails in the same 
manner and under the same conditions as departments and 
agencies of the United States.
    (g) No Infringement on Tribal Authority.--The creation of 
the Council is not intended to, nor shall it, restrict, preempt 
or infringe the right of any California Indian tribe to 
interact or communicate with Congress or other branches of the 
Federal Government on a government-to-government basis.

SEC. 8. TERMINATION.

    [The Council shall cease to exist on the date that is 180 
days after the date on which the Council submits the report 
required under section 5(6).] The Council shall cease to exist 
on March 31, 2000. All records, documents, and materials of the 
Council shall be transferred to the National Archives and 
Records Administration on the date on which the Council ceases 
to exist.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $700,000 to carry 
out the provisions of this Act. Such sums shall remain 
available, without fiscal year limitations, until expended.

           *       *       *       *       *       *       *


          Changes to the Coast Guard Authorization Act of 1996

``SECTION 1004. CONVEYANCE OF PROPERTY IN KETCHIKAN, ALASKA.

    ``(a) Authority To Convey.--The Secretary of Transportation 
or the Administrator of General Services, as appropriate, shall 
convey to the Ketchikan Indian Corporation in Ketchikan, 
Alaska, without reimbursement and by no later than 120 days 
after the date of enactment of this Act, all right, title, and 
interest of the United States in and to the property known as 
the `Former Marine Safety Detachment' as identified in Report 
of Excess Number CG-689 (GSA Control Number 9-U-AK-0747) and 
described in subsection (b) for [use as a health or social 
services facility] use as a health or social services 
facility.''