[Senate Report 107-247]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 556
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-247

======================================================================



 
             IMPROVE PROGRAMS RELATIVE TO NATIVE AMERICANS

                                _______
                                

                August 28, 2002.--Ordered to be printed

   Filed under authority of the order of the Senate of July 29, 2002

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2711]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 2711) to reauthorize and improve programs relative to 
Native Americans, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill as 
amended do pass.

                                Purpose

    The purpose of S. 2711 is to provide a more effective means 
of addressing a number of narrowly-focused provisions in one 
bill, obviating the need for the introduction and enactment of 
separate smaller bills. S. 2711 contains twenty-one provisions, 
including the extension of several expiring authorizations, 
amending provisions of statutes relating to particular Indian 
tribes, and modifying certain Native American programs.

                          Background and Need

    S. 2711 contains separate provisions dealing with a variety 
of topics including the reauthorization of statutes authorizing 
Native American programs such as the Bosque Redondo Memorial 
Act, the Navajo-Hopi Land Settlement Act of 1974, the Indian 
Health Care Improvement Act, the Indian Alcohol and Substance 
Abuse Prevention and Treatment Act of 1986, the Indian Child 
Protection and Family Violence Prevention Act, the Native 
American Programs Act of 1974, the Native Hawaiian Health Care 
Improvement Act, and the Four Corners Interpretive Center Act. 
The bill also provides for technical amendments to provisions 
relating to particular Indian tribes and to general laws 
relating to Native American programs. A more detailed 
explanation of each amendment is included in the bill's 
section-by-section analysis.

                          Legislative History

    S. 2711 was introduced by Senator Inouye, for himself and 
for Senator Campbell, on July 9, 2002, and was referred to the 
Committee on Indian Affairs. On July 18, 2002, the Committee 
favorably reported S. 2711 to the full Senate, but since that 
time, the Committee has been called upon to make a number of 
changes in the bill, as reported.

                      Section-by-Section Analysis

    Section 1. Short Title; Table of Contents. Section 1 sets 
forth the Short Title of the Act as the ``Indian Programs 
Reauthorization and Technical Amendments Act of 2002'' and 
provides a Table of Contents.

                       TITLE I--REAUTHORIZATIONS

    Section 101. Bosque Redondo Memorial Act. Section 101 
extends the authorization period under the Bosque Redondo 
Memorial Act, 114 Stat. 2365. The authorizing language was 
drafted in 1999 with the intent that it would become law in 
1999 however the Act was not enacted into law until November 
2000. Because the authorization of appropriations was not 
updated to reflect the actual date of enactment of the Act, and 
the full appropriation was made in 2001, this section changes 
the authorization of appropriations for $2 million to 2001, 
instead of $1 million in 2000 and $500,000 in each of fiscal 
years 2001 and 2002. The authorization for the carryover of 
funds is extended from 2002 to 2006.
    Section 102. Navajo-Hopi Land Settlement Act of 1974. 
Section 102 extends the authorization period for the programs 
authorized by the Navajo-Hopi Land Settlement Act of 1974. 
Because the Act's authorization period expired on September 30, 
2000, this section extends the authorization of the Navajo-Hopi 
Land Settlement Act of 1974, 25 U.S.C. Sec. 640d et seq., 
through fiscal year 2006.
    Section 103. Indian Health Care Improvement Act. Section 
103 extends the authorization period for the programs 
authorized by the Indian Health Care Improvement Act. Because 
the Act's authorization period expired on September 30, 2001, 
this section extends the authorization of the Indian Health 
Care Improvement Act, 25 U.S.C. Sec. 1601 et seq., through 
fiscal year 2006.
    Section 104. Indian Alcohol and Substance Abuse Prevention 
and Treatment Act of 1986. Section 104 extends the 
authorization period of the Indian Alcohol and Substance Abuse 
Prevention and Treatment Act of 1986. Because the Act's 
authorization period expired on September 30, 2001, this 
section extends the authorization of the Indian Alcohol and 
Substance Abuse Prevention and Treatment Act of 1986, 25 U.S.C. 
Sec. 2401 et seq., through September 30, 2006.
    Section 105. Indian Child Protection and Family Violence 
Prevention Act. Section 105 extends the authorization period of 
the Indian Child Protection and Family Violence Prevention Act. 
Because the Act's authorization period expired on September 30, 
2001, this section extends the authorization of the Indian 
Child Protection and Family Violence Prevention Act, 25 U.S.C. 
Sec. 3201 et seq., through September 30, 2006.
    Section 106. Native American Programs Act of 1974. Section 
106 extends the authorization period of the Native American 
Programs Act of 1974. Because the Act's authorization period 
expired on September 30, 2001, this section extends the 
authorization of the Native American Programs Act of 1974, 42 
U.S.C. Sec. 2991 et seq., through September 30, 2006.
    Section 107. Native Hawaiian Health Care Improvement Act. 
Section 107 extends the authorization period of the Native 
Hawaiian Health Care Improvement Act. Because the Act's 
authorization period expired on September 30, 2001, this 
section extends the authorization of the Native Hawaiian Health 
Care Improvement Act, 42 U.S.C. Sec. 11701 et seq., through 
September 30, 2006.
    Section 108. Four Corners Interpretive Center Act. Section 
108 extends the authorization period of the Four Corners 
Interpretive Center Act. Because one section of the Act's 
authorization period expired on September 30, 2001, and another 
section will expire on September 30, 2002, this section extends 
the authorization of all provisions of the Four Corners 
Interpretive Center Act, 113 Stat. 1706, for an additional two 
years from the current expiration dates.

       TITLE II--PROVISIONS RELATING TO PARTICULAR INDIAN TRIBES

    Section 201. Authorization of 99-year Leases for 
Confederated Tribes of the Umatilla Indian Reservation. Section 
201 amends the Act of August 9, 1955, 25 U.S.C. Sec. 415, to 
authorize the Confederated Tribes of the Umatilla Indian 
Reservation to lease trust lands, regardless of location, for a 
period not to exceed 99 years. The general 25-year lease 
authority affecting most Indian tribes was amended to provide 
for 99-year leases, and since that time, a number of tribes 
with the 25-year restriction on the term of leases that is 
contained in tribally-specific legislation have called upon the 
Committee to amend their tribally-specific statutes to conform 
with the change in the general lease authority.
    Section 202. Cow Creek Land Selection. Section 202 amends 
the Cow Creek Band of Umpqua Tribe of Indians Recognition Act, 
25 U.S.C. Sec. 712 et seq. to clarify that acquired lands shall 
be treated as on-reservation land for the purpose of processing 
acquisitions of real property into trust. The Cow Creek Band of 
Umpqua Indians was restored to Federal recognition in 1982, and 
the Restoration Act authorized the tribe to acquire lands 
within an identified area for purposes of restoring the lands 
to reservation status. The Department of the Interior has been 
treating the applications for the taking of land into trust by 
the Cow Creek Band as if the lands were off-reservation lands, 
in direct conflict with the provisions of the Restoration Act 
which provide that the lands acquired by the Band are to be 
treated as part of the Band's reservation. The last sentence of 
the paragraph of the existing law that is amended by section 
202 provides that none of the lands acquired by the Band may be 
used for purposes of conducting gaming under the authority of 
the Indian Gaming Regulatory Act. The Band does operate a hotel 
and casino on lands that were taken into trust under the 
authority of another section of the Restoration Act.
    Section 203. Navajo-Hopi Relocation Impact Study. Section 
203 amends the Navajo-Hopi Land Settlement Act of 1974, 25 
U.S.C. Sec. 640d et seq. to authorize a relocation impact 
study. The Secretary of the Interior shall, not later than 90 
days after the enactment of this provision, enter into a 
contract to conduct a study to determine whether the purposes 
of the Act have been achieved and whether recommended 
activities should be carried out to mitigate the consequences 
of the implementation of the Navajo-Hopi Land Settlement Act. 
The study shall include an analysis of five specified factors: 
(1) the long-term effects of the relocation programs; (2) the 
ongoing needs of the populations relocated under this Act; (3) 
the ongoing needs of the other communities affected by 
relocations under this Act; (4) the effects of termination of 
the relocation programs; (5) other appropriate factors, as 
determined by the Secretary. The Secretary shall issue a report 
not later than one year after the date of enactment of this 
provision. One million dollars is authorized to carry out this 
provision.
    Section 204. Mississippi Band of Choctaw Indians. Section 
204 clarifies and corrects the legal descriptions or recording 
information for certain lands already placed into trust and 
reservation status for the Mississippi Band of Choctaw Indians 
so that those descriptions and recording information conform to 
the deeds of record and to the book and page numbers at which 
said deeds were recorded. This is accomplished by referencing 
the Report of May 17, 2002, which contains the correct legal 
descriptions and recording information. This section does not 
authorize any additional lands to be placed into trust.
    Section 205. Modification of Pueblo de Cochiti Settlement. 
Section 205 amends the Pueblo de Cochiti Settlement, section 1 
of Public Law 102-358, 106 Stat. 960, by requiring that the 
modifications regarding the use of the settlement funds as 
described in the First Amendment to Operation and Maintenance 
Agreement for Implementation of Cochiti Wetlands Solution be 
implemented.
    Section 206. Chippewa Cree Tribe of the Rocky Boy's 
Reservation settlement modifications. As part of the Chippewa 
Cree Tribe of the Rocky Boy's Reservation Indian Reserved Water 
Rights Settlement and Water Supply Enhancement Act of 1999 
(Act), Public Law 106-163, the courts, including all appeals, 
must ratify the water rights compact that had been agreed to by 
the State of Montana and the Tribe within three years from the 
date of petition for ratification. The State of Montana and the 
Tribe jointly petitioned the Montana Water Court on February 
14, 2000. A final decision, including appeals, has not been 
issued. Section 206 extends the period in which the courts have 
to ratify the water rights compact from three years to five 
years.
    Section 207. Disposal of Oil Shale Reserve Numbered 2. 
Section 3405(c) of Public Law 105-261 conveyed certain land 
from the Department of Energy to the Ute Tribe of the Uintah 
and Ouray Reservation in Utah. Although such land was expressly 
exempted from trust status or Federal management authority, 
there was no express exemption from the Non-Intercourse Act 
restrictions on leasing or conveyancing of the lands under 25 
U.S.C. Sec. 177. The Tenth Circuit Court of Appeals has 
repeatedly held that non-trust lands held in fee by a tribe are 
subject to the restrictions on alienation imposed by the Non-
Intercourse Act and the Bureau of Indian Affairs Superintendent 
has refused to approve documents required to develop the land 
because the lands are exempted from trust management. Section 
207 exempts such land from Federal restrictions on alienation. 
It also exempts any grant, lease, exploration or development 
agreement, or other conveyance of such land from being subject 
to approval by the Secretary of the Interior.
    Section 208. Land of Pechanga Band of Luiseno Mission 
Indians. The Pechanga Band of Luiseno Mission Indians has a 
pending fee-to-trust application for certain land. On March 21, 
2002, the Secretary of the Interior issued a Notice of Decision 
to accept such land into trust for the Band. A local private 
utility seeks to have the land condemned so that a transmission 
line could be constructedon lands on which sites sacred to the 
Band are located. Section 208 prohibits the transfer or other 
conveyance of the land for condemnation until the Secretary of the 
Interior renders a final decision on the pending fee-to-trust 
application and final decisions have been rendered on all appeals 
relating to that decision.
    Section 209. Quinault Indian Nation Water Feasibility 
Study. Section 209 authorizes the Secretary of the Interior to 
conduct a water source, quantity, and quality feasibility study 
for the Quinault Indian Nation. The Secretary shall publish a 
notice of the availability of the results of the study and, 
upon request, make the results of the study available to the 
public.
    Section 210. Waiver of Repayment of Expert Assistance Loans 
to the Pueblo of Santo Domingo. Section 210 cancels any 
balances due on loans made to the Pueblo of Santo Domingo for 
expert witness fees and expenses. As a result of a judgment 
award from the Federal Claims Court, the Congress was to have 
appropriated $15 million, in $5 million increments, for the use 
of the Pueblo. In reliance on the judgment and Congress' 
commitment to appropriate the funds, the Pueblo entered into 
contracts and other legal commitments, however the Congress 
failed to fully appropriate even the first increment. In the 
past, the Congress has enacted similar provisions canceling 
balances due and owing on loans made to other tribes for expert 
witness fees and expenses for other tribes, given similar 
circumstances.
    Section 211. Trinity River Record of Decision. Section 211 
affirms that the record of decision by the United States Fish 
and Wildlife Service entitled ``Trinity River Mainstream 
Fishery Restoration'' issued by the Secretary of the Interior 
on December 19, 2000 complies with all provisions of law and 
shall be implemented as soon as practicable. The record of 
decision may only be modified with the concurrence of the Hoopa 
Valley Tribe and the Yurok Tribe.

                  TITLE III--NATIVE AMERICAN PROGRAMS

    Section 301. Trademarks for Indian Arts and Crafts. Section 
301 clarifies the authority of the Indian Arts and Crafts Board 
pursuant to the Indian Arts and Crafts Act (25 U.S.C. Sec. 305 
et seq.) to develop and implement a trademark registration 
program, the nature of the ownership of the trademarks 
involved, and the types of Indian arts and crafts products to 
be protected.
    Section 302. Tribally-Controlled Postsecondary Vocational 
and Technical Institutions. Section 311 of the Carl D. Perkins 
Vocational and Technical Education Act of 1998, 20 U.S.C. 
Sec. 2301 et seq., prohibits the offset of funds appropriated 
under the Perkins Act by reductions in other vocational 
education monies. Regulations enacted pursuant to the Act 
provide that any grantee whose program is subject to a 
``supplemental not supplant'' provision must use a restricted 
indirect cost rate. Tribal colleges receive funds pursuant to 
section 311 and therefore are within the scope of the 
regulations even thought the regulations are intended for 
grantees who receive State vocational funds. Tribal colleges do 
not receive State vocational funds nor do they have a tax base 
from which to raise such funds. Section 302 exempts tribal 
colleges from Section 311.
    Section 303. Self-Determination Act Provisions. Subsection 
(a) of Section 303 mandates that the Equal Access to Justice 
Act, 5 U.S.C.Sec. 504 note, shall apply to an administrative 
appeal filed by a tribe or tribal organization that is pending 
on or filed after October 5, 1988 and that regards disputes 
involving contracts, grant agreements, compacts, or any other 
agreements authorized by the Indian Self-Determination and 
Education Assistance Act, 25 U.S.C. Sec. 450 et seq., or the 
Tribally Controlled Schools Act of 1988, 25 U.S.C. Sec. 2501 et 
seq. Further subsection (a) clarifies that fees or other 
expenses claimed for services rendered on an administrative 
appeal on or after March 29, 1996 and claims for fees or other 
expenses asserted after March 29, 1996, but resulting from 
services provided prior to March 29, 1996, shall be $125 per 
hour, unless a higher fee is justified.
    Subsection (b) of Section 303 authorizes a tribe 
negotiating for or operating a self-governance compact, funding 
agreement, or other agreement to incorporate Title V provisions 
into Title IV self-governance agreements upon the tribe's 
request.
    Section 304, Indian Land Consolidation. Section 304 amends 
the Indian Land Consolidation Act, 25 U.S.C. Sec. 2201 et seq., 
to clarify that any portion of the fee interest in a parcel of 
land may be requested to be taken into trust and to authorize 
probate judges to immediately approve agreements between heirs 
or devisees, including agreements that are not part of the 
decedent's estates.

            Committee Recommendation and Tabulation of Vote

    The Committee on Indian Affairs in an open business session 
on July 18, 2002 ordered S. 2711 to be reported favorably to 
the Senate with arecommendation that the bill do pass.

                   Cost and Budgetary Considerations

    At the time of filing this report, the cost estimate of the 
Congressional Budget Office on S. 2711 has not yet been 
received. Compliance with Senate rule XXVI, paragraph 11(a) is 
therefore impracticable at this time.

                        Executive Communications

    The Committee has received no official communication from 
the Administration on the provisions of S. 2711.

                    Regulatory and Paperwork Impact

    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 
carrying out the bill. The Committee finds that S. 2711 will 
not require the promulgation of regulations so the regulatory 
and paperwork impact should be minimal, if any.

                        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 a 
bill are required to be set forth in the accompanying Committee 
report. The Committee finds that enactment of S. 2711 will 
result in the following changes in existing law. The matter to 
be deleted is indicated in bold brackets. The matter to be 
inserted is indicated in italic.

                      BOSQUE REDONDO MEMORIAL ACT


                             114 Stat. 2369

    Section 206(a) of the Bosque Redondo Memorial Act is 
amended as follows:
    (a) In General.--There is authorized to be appropriated to 
carry out this title $2,000,000 for fiscal year 2001.
    Section 206(b) of the Bosque Redondo Memorial Act is 
amended as follows:
    (b) Carryover.--Any funds made available under this section 
that are unexpended at the end of the fiscal year for which 
those funds are appropriated, shall remain available for use by 
the Secretary through September 30, [2002] 2006 for the 
purposes for which those funds were available.

                NAVAJO-HOPI LAND SETTLEMENT ACT OF 1974


                          25 U.S.C. Sec. 640d

    Section 25(a)(8) of Public Law 93-531 is amended as 
follows: (8) For the purposes of carrying out the provisions of 
section 640d-14 of this title, there is authorized to be 
appropriated not to exceed $30,000,000 [annually for fiscal 
years 1995, 1996, 1997, 1998, 1999, and 2000] for each of 
fiscal years 2002 through 2006.

                   INDIAN HEALTH CARE IMPROVEMENT ACT


                      25 U.S.C. Sec. 1601 et seq.

    Title I of the Indian Health Care Improvement Act is 
amended as follows: [Sec. 123. There are authorized to be 
appropriated such sums as may be necessary for each fiscal year 
through fiscal year 2000 to carry out this subchapter.] Sec. 
123. Authorization of Appropriations._There are authorized to 
be appropriated to carry out this title such sums as are 
necessary for each of fiscal years 2002 through 2006.
    Section 209(m) of the Indian Health Care Improvement Act is 
amended as follows: [(6) There are authorized to be 
appropriated to carry out this section $10,000,000 for fiscal 
year 1993 and such sums as may be necessary for each of the 
fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.]
    Section 209 of the Indian Health Care Improvement Act is 
amended as follows: (n) Authorization of Appropriations._There 
are authorized to be appropriated to carry out this section 
such sums as are necessary for each of fiscal years 2002 
through 2006.
    Section 211 of the Indian Health Care Improvement Act is 
amended as follows: [(g) Authorization of Appropriations.--
There are authorized to be appropriated for each of the fiscal 
years 1996 through 2000 such sums as may be necessary to carry 
out the purposes of this section.] (g) Authorization of 
Appropriations._There are authorized to be appropriated to 
carry out this section such sums as are necessary for each of 
fiscal years 2002 through 2006.
    Section 213 of the Indian Health Care Improvement Act is 
amended as follows: [(b) There are authorized to be 
appropriated to carry out this section $15,000,000 for fiscal 
year 1993 and such sums as may be necessary for each of the 
fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.] (b) 
Authorization of Appropriations._There are authorized to be 
appropriated to carry out this section such sums as are 
necessary for each of fiscal years 2002 through 2006.
    Section 214(b) of the Indian Health Care Improvement Act is 
amended as follows: [(6) There are authorized to be 
appropriated to carry out the purposes of this subsection not 
more than $12,000,000 for fiscal year 1993 and such sums as may 
be necessary for each of the fiscal years 1994, 1995, 1996, 
1997, 1998, 1999, and 2000.] (6) Authorization of 
Appropriations._There are authorized to be appropriated to 
carry out this subsection such sums as are necessary for each 
of fiscal years 2002 through 2006.
    Section 215 of the Indian Health Care Improvement Act is 
amended as follows: [(g) Authorization of appropriations. There 
are authorized to be appropriated to carry out this section 
$15,000,000 for fiscal year 1993 and such sums as may be 
necessary for each of the fiscal years 1994, 1995, 1996, 1997, 
1998, 1999, and 2000.]
    (g) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section such sums as are 
necessary for each of fiscal years 2002 through 2006.
    Section 216 of the Indian Health Care Improvement Act is 
amended as follows: [(e) Authorization of appropriations. There 
are authorized to be appropriated to carry out this section 
$5,000,000 for fiscal year 1993 and such sums as may be 
necessary for each of the fiscal years 1994, 1995, 1996, 1997, 
1998, 1999, and 2000.]
    (e) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section such sums as are 
necessary for each of fiscal years 2002 through 2006.
    Title II of the Indian Health Care Improvement Act is 
amended as follows: [Sec. 224. Except as provided in sections 
209(m), 211, 213, 214(b)(5), 215, and 216 of this title, there 
are authorized to be appropriated such sums as may be necessary 
for each fiscal year through fiscal year 2000 to carry out this 
subchapter.]
    Sec. 224. Authorization of Appropriations.--There are 
authorized to be appropriated to carry out this title (other 
than sections 209(m), 211(g), 213(b), 214(b)(6), 215(g), and 
216(e) such sums as are necessary for each of fiscal years 2002 
through 2006.
    Title III of the Indian Health Care Improvement Act is 
amended as follows: [Sec. 309. There are authorized to be 
appropriated such sums as may be necessary for each fiscal year 
through fiscal year 2000 to carry out this subchapter.]
    Sec. 309. Authorization of Appropriations.--There are 
authorized to be appropriated to carry out this title such sums 
as are necessary for each of fiscal years 2002 through 2006.
    Title IV of the Indian Health Care Improvement Act is 
amended as follows: [Sec. 407. There are authorized to be 
appropriated such sums as may be necessary for each fiscal year 
through fiscal year 2000 to carry out this subchapter.] Sec.  
407. Authorization of Appropriations._There are authorized to 
be appropriated to carry out this title such sums as are 
necessary for each of fiscal years 2002 through 2006.
    Title V of the Indian Health Care Improvement Act is 
amended as follows: [Sec.514. There are authorized to be 
appropriated such sums as may be necessary for each fiscal year 
through fiscal year 2000 to carry out this subchapter.]  Sec. 
514. Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this title such sums as are 
necessary for each of fiscal years 2002 through 2006.
    Title VI of the Indian Health Care Improvement Act is 
amended as follows: [Sec. 603. There are authorized to be 
appropriated such sums as may be necessary for each fiscal year 
through fiscal year 2000 to carry out this subchapter.] Sec. 
603. Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this title such sums as are 
necessary for each of fiscal years 2002 through 2006.
    Section 703 of the Indian Health Care Improvement Act is 
amended as follows: [(d)(1) There are authorized to be 
appropriated to carry out this section $10,000,000 for fiscal 
year 1993 and such sums as are necessary for each of the fiscal 
years 1994, 1995, 1996, 1997, 1998, 1999, and 2000. (2) Twenty 
percent of the funds appropriated pursuant to this subsection 
shall be used to make grants to urban Indian organizations 
funded under subchapter IV of this chapter.] (d) Authorization 
of Appropriations._(1) In general._Subject to paragraph (2), 
there are authorized to be appropriated to carry out this 
section such sums as are necessary for each of fiscal years 
2002 through 2006.
    (2) Grants.--Of the funds made available under paragraph 
(1) for a fiscal year, 20 percent shall be used to provide 
grants to urban Indian organizations funded under title V.
    Section 706 of the Indian Health Care Improvement Act is 
amended as follows: [(d) Authorization of Appropriations.--
There are authorized to be appropriated, for each of fiscal 
years 1996 through 2000, such sums as may be necessary to carry 
out subsection (b) of this section.] (d) Authorization of 
Appropriations.--There are authorized to be appropriated to 
carry out this section such sums as are necessary for each of 
fiscal years 2002 through 2006.
    Section 708 of the Indian Health Care Improvement Act is 
amended as follows: [(f)(1) There are authorized to be 
appropriated to carry out this section $22,000,000 for fiscal 
year 1993 and such sums as may be necessary for each of the 
fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000. (2) 
Ten percent of the funds appropriated pursuant to this section 
shall be used to make grants to urban Indian organizations 
funded under subchapter IV of this chapter.] (f) Authorization 
of Appropriations._(1) In general._Subject to paragraph (2), 
there are authorized to be appropriated to carry out this 
section such sums as are necessary for each of fiscal years 
2002 through 2006. (2) Grants._Of the funds made available 
under paragraph (1) for a fiscal year, 10 percent shall be used 
to provide grants to urban Indian organizations funded under 
title V.
    Section 710 of the Indian Health Care Improvement Act is 
amended as follows: [(b) For the purposes of carrying out 
subsection (a) of this section, there are authorized to be 
appropriated $2,000,000 for fiscal years 1993 and 1994. No 
funding] (b) Authorization of Appropriations._(1) In general._
There are authorized to be appropriated to carry out this 
section such sums as are necessary for each of fiscal years 
2002 through 2006. (2) Staffing and operation._No funding shall 
be available for staffing or operation of this facility. [None 
of the funding] (3) Administrative purposes._None of the 
funding appropriated to carry out subsection (a) of this 
section shall be used for administrative purposes.
    Section 711 of the Indian Health Care Improvement Act is 
amended as follows: [(h) There are authorized to be 
appropriated for each of fiscal years 1996 through 2000, such 
sums as may be necessary to carry out the purposes of this 
section. Such sums shall remain available until expended.] (h) 
Authorization of Appropriations._There are authorized to be 
appropriated to carry out this section such sums as are 
necessary for each of fiscal years 2002 through 2006, to remain 
available until expended.
    Title VII of the Indian Health Care Improvement Act is 
amended as follows: [Sec. 714. Except as provided in sections 
703, 706, 708, 710, and 711 of this title, there are authorized 
to be appropriated such sums as may be necessary for each 
fiscal year through fiscal year 2000 to carry out the 
provisions of this subchapter.] Sec. 714. Authorization of 
Appropriations._There are authorized to be appropriated to 
carry out this title (other than sections 703(d), 706(d), 
708(f), 710(b), and 711(h) such sums as are necessary for each 
of fiscal years 2002 through 2006.
    Section 821 of the Indian Health Care Improvement Act is 
amended as follows: [(i) There are authorized to be 
appropriated for each of the fiscal years 1996 through 2000 
such sums as may be necessary to carry out this section. Such 
sums shall remain available until expended.] (i) Authorization 
of Appropriations._There are authorized to be appropriated to 
carry out this section such sums as are necessary for each of 
fiscal years 2002 through 2006, to remain available until 
expended.
    Title VIII of the Indian Health Care Improvement Act is 
amended as follows: [Sec. 825. Except as provided in section 
821 of this title, there are authorized to be appropriated such 
sums as may be necessary for each fiscal year through fiscal 
year 2000 to carry out this subchapter.] Sec. 825. 
Authorization of Appropriations._There are authorized to be 
appropriated to carry out this title (other than section 821) 
such sums as are necessary for each of fiscal years 2002 
through 2006.

INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT ACT OF 1996


                      25 U.S.C. Sec. 2401 et seq.

    Section 4206(d) of the Indian Alcohol and Substance Abuse 
Prevention and Treatment Act of 1986 is amended as follows: 
[(1) The Secretary] In general._The Secretary of the Interior 
may make grants to Indian tribes adopting a resolution pursuant 
to subsection (a) of this section to provide technical 
assistance in the development of a Tribal Action Plan. The 
Secretary shall allocate funds based on need. [(2) There are 
authorized to be appropriated for grants underthis subsection 
not more than $2,000,000 for fiscal year 1993 and such sums as are 
necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 
1999, and 2000.] (2) Authorization of appropriations._There are 
authorized to be appropriated to carry out this subsection such sums as 
are necessary for each of fiscal years 2002 through 2006.
    Section 4206(f) of the Indian Alcohol and Substance Abuse 
Prevention and Treatment Act of 1986 is amended as follows: 
[(f)(1) The Secretary] (f) Grants for In-School Training 
Programs._(1) In general._The Secretary of the Interior may 
make grants to Indian tribes adopting a resolution pursuant to 
subsection (a) of this section to implement and develop 
community and in-school training, education, and prevention 
programs on alcohol and substance abuse, fetal alcohol syndrome 
and fetal alcohol effect. [(2) Funds] (2) Use of funds._Funds 
provided under this section may be used for, but are limited 
to, the development and implementation of tribal programs for--
(A) youth employment; (B) youth recreation; (C) youth cultural 
activities; (D) community awareness programs; and (E) community 
training and education programs. [(3) There are authorized to 
be appropriated to carry out the provisions of this subsection 
$5,000,000 for fiscal year 1993 and such sums as are necessary 
for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 
1999, and 2000.] (3) Authorization of appropriations.--There 
are authorized to be appropriated to carry out this subsection 
such sums as are necessary for each of fiscal years 2002 
through 2006.
    Section 4210 of the Indian Alcohol and Substance Abuse 
Prevention and Treatment Act of 1986 is amended as follows: 
[(b) Authorization of appropriations--There are authorized to 
carry out this section $500,000 for fiscal year 1993 and such 
sums as may be necessary for each of the fiscal years 1994, 
1995, 1996, 1997, 1998, 1999, and 2000.] (b) Authorization of 
Appropriations._There are authorized to be appropriated to 
carry out this section such sums as are necessary for each of 
fiscal years 2002 through 2006.
    Section 4212(a) of the Indian Alcohol and Substance Abuse 
Prevention and Treatment Act of 1986 is amended as follows: 
[The Assistant Secretary of Indian Affairs] (1) In general._The 
Assistant Secretary of Indian Affairs shall develop and 
implement pilot programs in selected schools funded by the 
Bureau of Indian Affairs (subject to the approval of the local 
school board or contract school board) to determine the 
effectiveness of summer youth programs in furthering the 
purposes and goals of this chapter. [The Assistant Secretary 
shall] (2) Defrayment of costs._The Assistant Secretary shall 
defray all costs associated with the actual operation and 
support of the pilot programs in the school from funds 
appropriated for this section. [For the pilot programs there 
are authorized to be appropriated such sums as may be necessary 
for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 
1999, and 2000.] (3) Authorization of appropriations._There are 
authorized to be appropriated to carry out this subsection such 
sums as are necessary for each of fiscal years 2002 through 
2006.
    Section 4213(e) of the Indian Alcohol and Substance Abuse 
Prevention and Treatment Act of 1986 is amended as follows: 
[(1) For the planning and design, construction, and renovation 
of, or purchase or lease of land or facilities for, emergency 
shelters and half-way houses to provide emergency care for 
Indian youth, there are authorized to be appropriated 
$10,000,000 for fiscal year 1993 and such sums as may be 
necessary for each of the fiscal years 1994, 1995, 1996, 1997, 
1998, 1999, and 2000. (2) For the staffing and operation of 
emergency shelters and half-way houses, there are authorized to 
be appropriated $5,000,000 for fiscal 1993 and $7,000,000 for 
each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, 
and 2000. (3) The Secretary of the Interior shall allocate 
funds appropriated pursuant to this subsection on the basis of 
priority of need of the various Indian tribes and such funds, 
when allocated, shall be subject to contracting or available 
for grants pursuant to the Indian Self-Determination Act [25 
U.S.C.A. Sec. 450f et seq.].] (1) In general._There are 
authorized to be appropriated to carry out planning and design, 
construction, and renovation of, or to purchase or lease land 
or facilities for, emergency shelters and halfway houses to 
provided emergency care for Indian youth, such sums as are 
necessary for each of fiscal years 2002 through 2006. (2) 
Staffing and operation._There is authorized to be appropriated 
for staffing and operation of emergency shelters and halfway 
houses described in paragraph (1) $7,000,000 for each of fiscal 
years 2002 through 2006. (3) Allocation._(A) In general._The 
Secretary of the Interior shall allocate funds made available 
under this subsection to Indian tribes on the basis of priority 
of need of the Indian tribes. (B) Contracting and grants._Funds 
allocated under subparagraph (A) shall be subject to 
contracting or available for grants under the Indian Self-
Determination Act (25 U.S.C. Sec. 450f et seq.). [(4) Funds] 
(4) Conditions for use.--Funds appropriated under the authority 
of this subsection may be used by any Indian tribe or tribal 
organization to purchase or lease any land or facilities if--
(A) the Secretary of the Interior determines that no Federal 
land or facilities are reasonably available for emergency 
shelters or halfway houses described insubsection (a) of this 
section to serve the needs of that Indian tribe or tribal organization, 
and (B) the Indian tribe or tribal organization enters into an 
agreement with the Secretary of the Interior that requires the Indian 
tribe or tribal organization to use the land or facilities for 
emergency shelters or half-way houses described in subsection (a) of 
this section. [(5) Nothing in this chapter may be construed--] (5) 
Effect on other authority._Nothing in this Act (A) [to limit] limits 
the authority for contracts with, or grants to, Indian tribes or tribal 
organizations under the Indian Self-Determination Act for the 
construction, improvement, renovation, operation, repair, land 
acquisition, or maintenance of tribal juvenile detention facilities, 
emergency shelters, or half-way [houses, or] houses; or (B) [to 
require] requires a lease of tribal facilities to the United States to 
qualify for financial assistance for the facilities under this or any 
other Act.
    Section 4216(a) of the Indian Alcohol and Substance Abuse 
Prevention and Treatment Act of 1986 is amended as follows: 
[(3) For the purpose of providing the assistance required by 
this subsection, there are authorized to be appropriated--(A) 
$500,000 under paragraph (1)(A) for fiscal year 1993 and such 
sums as may be necessary for each of the fiscal years 1994, 
1995, 1996, 1997, 1998, 1999, and 2000, (B) $500,000 under 
paragraph (1)(B) for fiscal year 1993 and such sums as may be 
necessary for each of the fiscal years 1994, 1995, 1997, 1997, 
1998, 1999, and 2000, and (C) $500,000 under paragraph (1)(C) 
for fiscal year 1993 and such sums as may be necessary for each 
of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 
2000.] (3) Authorization of appropriations._There are 
authorized to be appropriated to carry out this subsection such 
sums as are necessary for each of fiscal years 2002 through 
2006.
    Section 4216(b) of the Indian Alcohol and Substance Abuse 
Prevention and Treatment Act of 1986 is amended as follows: 
[(2) For the purpose of establishing the program required by 
paragraph (1), there are authorized to be appropriated 
$2,000,000 for fiscal year 1993 and such sums as may be 
necessary for each of the fiscal years 1994, 1995, 1996, 1997, 
1998, 1999, and 2000.] (2) Authorization of appropriations._
There are authorized to be appropriated to carry out this 
subsection such sums as are necessary for each of fiscal years 
2002 through 2006.
    Section 4218 of the Indian Alcohol and Substance Abuse 
Prevention and Treatment Act of 1986 is amended as follows: 
[(b) Authorization.--For the purposes of providing the training 
required by subsection (a) of this section, there are 
authorized to be appropriated $2,000,000 for fiscal year 1993 
and such sums as may be necessary for each of the fiscal years 
1994, 1995, 1996, 1997, 1998, 1999 and 2000.] (b) Authorization 
of Appropriations._There are authorized to be appropriated to 
carry out this section such sums as are necessary for each of 
fiscal years 2002 though 2006.
    Section 4220 of the Indian Alcohol and Substance Abuse 
Prevention and Treatment Act of 1986 is amended as follows: 
[(b) Authorization.--(1) For the purpose of constructing or 
renovating juvenile detention centers as provided in subsection 
(a) of this section, there are authorized to be appropriated 
$10,000,000 for fiscal year 1993 and such sums as may be 
necessary for each of the fiscal years 1994, 1995, 1996, 1997, 
1998, 1999, and 2000. (2) For the purpose of staffing and 
operating juvenile detention centers, there are authorized to 
be appropriated $7,000,000 for fiscal year 1993 and such sums 
as may be necessary for each of the fiscal years 1994, 1995, 
1996, 1997, 1998, 1999, and 2000.] (b) Authorization of 
Appropriations._There are authorized to be appropriated to 
carry out this section sums as are necessary for each of fiscal 
years 2002 through 2006.

       INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT


                      25 U.S.C. Sec. 3201 et seq.

    Section 409 of the Indian Child Protection and Family 
Violence Prevention Act is amended as follows: [(e) 
Authorization of Appropriations.--There is hereby authorized to 
be appropriated to carry out the provisions of this section 
$10,000,000 for each of the fiscal years 1992, 1993, 1994, 
1995, 1996, and 1997.] (e) Authorization of Appropriations._
There is authorized to be appropriated to carry out this 
section $10,000,000 for each of fiscal years 2002 through 2006.
    Section 410 of the Indian Child Protection and Family 
Violence Prevention Act is amended as follows: [(h) 
Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the provisions of this section 
$3,000,000 for each of the fiscal years 1992, 1993, 1994, 1995, 
1996, and 1997.] (h) Authorization of Appropriations._There is 
authorized to be appropriated to carry out this section 
$3,000,000 for each of fiscal years 2002 through 2006.
    Section 411 of the Indian Child Protection and Family 
Violence Prevention Act is amended as follows: [(i) 
Authorization of appropriations.--There are authorized to be 
appropriated to carry out the provisions of this section 
$30,000,000 for each of the fiscal years 1992, 1993, 1994, 
1995, 1996, and 1997.] (i) Authorization of Appropriations._
There is authorized to be appropriated to carry out this 
section $30,000,000 for each of fiscal years 2002 through 2006.

                  NATIVE AMERICAN PROGRAMS ACT OF 1974


                      42 U.S.C. Sec. 2991 et seq.

    Section 816 of the Native American Programs Act of 1974 is 
amended as follows: [(a) There are authorized to be 
appropriated for the purpose of carrying out the provisions of 
this subchapter (other than sections 803(d), 803A, 803C of this 
title, subsection (e) of this section, and any other provision 
of this subchapter for which there is an express authorization 
of appropriations), such sums as may be necessary for each of 
fiscal years 1999, 2000, 2001, and 2002. (b) Not less than 90 
per centum of the funds made available to carry out the 
provisions of this subchapter (other than sections 803(d), 
803A, 803C, 804 of this title, subsection (e) of this section, 
and any other provision of this subchapter for which there is 
an express authorization of appropriations) for a fiscal year 
shall be expended to carry out section 803(a) of this title for 
such fiscal year. (c) There is authorized to be appropriated 
$8,000,000 for each of fiscal years 1999, 2000, 2001, and 2002, 
for the purpose of carrying out the provisions of section 
803(d) of this title.] (a) In General._There are authorized to 
be appropriated--(1) to carry out section 803(d), $8,000,000 
for each of fiscal years 2002 through 2006; and (2) to carry 
out provisions of this title other than section 803(d) and any 
other provision having an express authorization of 
appropriations, such sums as are necessary for each of fiscal 
years 2002 through 2006. (b) Limitation._Not less than 90 
percent of the funds made available to carry out this title for 
a fiscal year (other than funds made available to carry out 
section 803(d), 803A, 803C, 804, and any other provision of 
this title having an express authorization of appropriations) 
shall be expended to carry out section 803(a). [(d)](c)(1) For 
fiscal year 1994, there are authorized to be appropriated such 
sums as may be necessary for the purpose of--(A) establishing 
demonstration projects to conduct research related to Native 
American studies and Indian policy development; and (B) 
continuing the development of a detailed plan, based in part on 
the results of the projects, for the establishment of a 
National Center for Native American Studies and Indian Policy 
Development. (2) such a plan shall be delivered to the Congress 
not later than 30 days after September 30, 1992. [(e) There are 
authorized to be appropriated to carry out section 803C of this 
title such sums as may be necessary for each of fiscal years 
1999, 2000, 2001, and 2002.]
    Section 803A(f) of the Native American Programs Act of 1974 
is amended as follows: [(f) Authorization of Appropriations; 
Investment in Obligations of United States.--There is 
authorized to be appropriated for each of the fiscal years 2000 
and 2001, $1,000,000 for the purpose of carrying out the 
provisions of this section. Any amount appropriated under this 
paragraph shall remain available for expenditure without fiscal 
year limitation.] (f) Authorization of Appropriations._(1) In 
general._There is authorized to be appropriated to carry out 
this section $1,000,000 for each of fiscal years 2002 through 
2006, to remain available until expended. [(2) The revolving 
loan fund] (2) Revolving loan fund._The revolving loan fund' 
that is required to be established under subsection (a)(1) of 
this section shall be maintained as a separate account. Any 
portion of the revolving loan fund that is not required for 
expenditure shall be invested in obligations of the United 
States or in obligations guaranteed or insured by the United 
States.

              NATIVE HAWAIIAN HEALTH CARE IMPROVEMENT ACT


                      42 U.S.C. Sec. 11701 et seq.

    Section 6 of the Native Hawaiian Health Care Improvement 
Act is amended as follows: [(h) Authorization of 
Appropriations.--(1) There are authorized to be appropriated 
such sums as may be necessary for fiscal years 1993 through 
2001 to carry out subsection (a)(1) of this section. (2) There 
are authorized to be appropriated such sums as may be necessary 
to carry out subsection (a)(2) of this section.] (h) 
Authorization of Appropriations._There are authorized to be 
appropriated such sums as are necessary to carry out this 
section for each of fiscal years 2002 through 2006.
    Section 10 of the Native Hawaiian Health Care Improvement 
Act is amended as follows: [(c) Authorization of 
Appropriations.--There are authorized to be appropriated such 
sums as may be necessary for fiscal year 1993 through 2001 for 
the purpose of funding the scholarship assistance provided 
under subsection (a) of this section.] (c) Authorization of 
Appropriations._There are authorized to be appropriated such 
sums as are necessary to carry out his section for each of 
fiscal years 2002 through 2006.

                  FOUR CORNERS INTERPRETIVE CENTER ACT


                             113 Stat. 1703

    Section 7 of the Four Corners Interpretive Center Act is 
amended as follows: (a) Authorizations.--There are authorized 
to be appropriated to the Department of the Interior to carry 
out this Act--(1) $2,000,000 for fiscal year 2000; and (2) 
$50,000 for each of fiscal years 2001 through [2005] 2007 for 
maintenance and operation of the Center, program development, 
or staffing in a manner consistent with the requirements of 
section 5(b). (b) Carryover.--Funds made available under 
subsection (a)(1) that are unexpended at the end of the fiscal 
year for which those funds are appropriated, may be used by the 
Secretary through fiscal year [2002] 2004 for the purposes for 
which those funds are made available. (c) Reservation of 
Funds.--The Secretary may reserve funds appropriated pursuant 
to this Act until a grant proposal meeting the requirements of 
this Act is submitted, but no later than September 30, [2001] 
2003.

                         ACT OF AUGUST 9, 1955


                           25 U.S.C. Sec. 415

    Subsection (a) of the first section of the Act of August 9, 
1955 is amended in the second sentence as follows: All leases 
so granted shall be for a term of not to exceed twenty-five 
years, except leases of land located outside the boundaries of 
Indian reservations in the State of New Mexico, leases of land 
on the Agua Caliente (Palm Springs) Reservation, the Dania 
Reservation, the Pueblo of Santa Ana (with the exception of the 
lands known as the ``Santa Ana Pueblo Spanish Grant''), the 
reservation of the Confederated Tribes of the Warm Springs 
Reservation of Oregon, the Moapa Indian Reservation, the 
Swinomish Indian Reservation, the Southern Ute Reservation, the 
Fort Mojave Reservation, the reservation of the Confederated 
Tribes of the Umatilla Indian Reservation, the Burns Paiute 
Reservation, the Coeur d'Alene Indian Reservation, the Kalispel 
Indian Reservation, the pueblo of Cochiti, the pueblo of 
Pojoaque, the pueblo of Tesuque, the pueblo of Zuni, the 
Hualapai Reservation, the Spokane Reservation, the San Carlos 
Apache Reservation, the Yavapai-Prescott Community Reservation, 
the Pyramid Lake Reservation, the Gila River Reservation, the 
Soboba Indian Reservation, the Viejas Indian Reservation, the 
Tulalip Indian Reservation, the Navajo Reservation, the Cabazon 
Indian Reservation, the Mille Lacs Indian Reservation with 
respect to a lease between an entity established by the Mille 
Lacs Band of Chippewa Indians and the Minnesota Historical 
Society, leases of the lands comprising the Moses Allotment 
Numbered 10, Chelan County, [Washington,,] Washington, and 
lands held in trust for the Las Vegas Paiute Tribe of Indians, 
and lands held in trust for the Twenty-nine Palms Band of 
Luiseno Mission Indians, and lands held in trust for the Reno 
Sparks Indian Colony, lands held in trust for the Torres 
Martinez Desert Cahuilla Indians, lands held in trust for the 
Guidiville Band of Pomo Indians of the Guidiville Indian 
Rancheria, lands held in trust for the Confederated Tribes of 
the Umatilla Indian Reservation, lands held in trust for the 
Confederated Tribes of the Warm Springs Reservation of Oregon, 
lands held in trust for the Cherokee Nation of Oklahoma, land 
held in trust for the Pueblo of Santa Clara, lands held in 
trust for the Confederated Tribes of the Colville Reservation, 
lands held in trust for the Cahuilla Band of Indians of 
California, lands held in trust for the Confederated Tribes of 
the Grande Ronde Community of Oregon, and the land held in 
trust for the Confederated Salish and Kootenai Tribes of the 
Flathead Reservation, Montana, and leases to the Devils Lake 
Sioux Tribe, or any organization of such tribe, of land on the 
Devils Lake Sioux Reservation, which may be for a term of not 
to exceed ninety-nine years, and except leases of land for 
grazing purposes which may be for a term of not to exceed ten 
years.

                        COW CREEK LAND SELECTION


                       25 U.S.C. Sec. 712 et seq.

    Section 7 of the Cow Creek Band of Umpqua Tribe of Indians 
Recognition Act is amended in the third sentence as follows: 
Real property taken into trust pursuant to this section shall 
become part of the Tribe's reservation, and shall be treated as 
on-reservation land for the purpose of processing acquisitions 
of real property into trust. Real property taken into trust 
pursuant to this section shall not be considered to have been 
taken into trust for gaming (as that term is used in the Indian 
Gaming Regulatory Act (25 U.S.C. 2701 et seq.)).

                  NAVAJO-HOPI RELOCATION IMPACT STUDY


                      25 U.S.C. Sec. 640d et seq.

    Section 32 of Public Law 93-531 is amended as follows: 
[Sec. 32] Sec. 33. Nothing in this Act prohibits the 
Commissioner from providing relocation assistance to families 
certified as eligible, regardless of their current place of 
residence, with funds appropriated to implement Public Law 93-
531.
    Public Law 93-531 is amended as follows: Sec. 34. Navajo-
Hopi Relocation Impact Study. (a) In General._Not later than 90 
days after the date of enactment of this section, the Secretary 
shall enter into a contract with an independent contractor 
under which the independent contractor shall complete, not 
later than 1 year after the date of enactment of this section, 
a study to determine whether--(1) the purposes of this Act have 
been achieved; and (2) recommended activities should be carried 
out to mitigate the consequences of the implementation of this 
Act. (b) Scope._The study conducted under subsection (a) shall 
include an analysis of--(1) the long-term effects of the 
relocation programs under this Act; (2) the ongoing needs of 
the populations relocated under this Act; (3) the ongoing needs 
of the other communities affected by relocations under this 
Act, including communities affected by section 10(f); (4) the 
effects of termination of the relocation programs under this 
Act, including the effects of--(A) closure of the Office of 
Navajo and Hopi Indian Relocation; and (B) transfer of 
responsibilities of that Office to other Federal agencies and 
the Navajo Nation in accordance with applicable provisions of 
the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.); and (5) other appropriate factors, as 
determined by the Secretary. (c) Report._Not later than 1 year 
after the date of enactment of this section, the Secretary 
shall submit to Congress, the Hopi Tribe, and the Navajo Nation 
a report that describes the results of the study conducted 
under subsection (a). (d) Funding._Of amounts made available to 
the Office of Navajo and Hopi Indian Relocation, not more than 
$1,000,000 shall be made available to the Secretary to carry 
out this section.

                  MISSISSIPPI BAND OF CHOCTAW INDIANS


                           Public Law 106-228

    Section 1(a)(2) of Public Law 106-228 is amended as 
follows: (2) all land held in fee by the Mississippi Band of 
Choctaw Indians located within the boundaries of the State of 
Mississippi, as shown in the [report entitled ``Report of Fee 
Lands owned by the Mississippi Ban of Choctaw Indians'', dated 
September 28, 1999, on file in the Office of the 
Superintendent, Choctaw Agency, Bureau of Indian Affairs, 
Department of the Interior, is hereby declared] report entitled 
``Report of May 17, 2002, Clarifying and Correcting Legal 
Descriptions or Recording Information for Certain Lands placed 
into Trust and Reservation Status for the Mississippi Band of 
Choctaw Indians by Section 1(a)(2) of Pub. L. 106-228, as 
amended by Title VIII, Section 811 of Pub. L. 106-568'', on 
file in the Office of the Superintendent, Choctaw Agency, 
Bureau of Indian Affairs, Department of the Interior, is 
declared to be held by the United States in trust for the 
benefit of the Mississippi Band of Choctaw Indians; and

              MODIFICATION OF PUEBLO DE COCHITI SETTLEMENT


                           Public Law 102-358

    Section 1 of Public Law 102-358 is amended as follows: The 
Secretary of the Interior and the Secretary of the Army are 
authorized and directed to [implement the settlement] 
implement--(1) the settlement; agreement negotiated under the 
authority of Public Law 100-202 by the Pueblo de Cochiti of New 
Mexico, a federally recognized Indian Tribe, and the United 
States Army Corps of Engineers, as set forth in the report of 
the Corps of Engineers entitled ``Report on Investigations, Wet 
Field Solution'', dated July 24, 1990, addressing seepage 
problems at the Chociti Dam on tribal lands[.]; and (2) the 
modifications regarding the use of the settlement funds as 
described in the agreement known as the ``First Amendment to 
Operation and Maintenance Agreement for Implementation of 
Cochiti Wetlands Solution'', executed--(A) on October 22, 2001, 
by the Army Corps of Engineers; (B) on October 25, 2001, by the 
Pueblo de Cochiti of New Mexico; and (C) on November 8, 2001, 
by the Secretary of the Interior.

     CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION SETTLEMENT 
                              MODIFICATION


                           Public Law 106-163

    Section 101(b)(3) of the Chippewa Cree Tribe of The Rocky 
Boy's Reservation Indian Reserved Water Rights Settlement and 
Water Supply Enhancement Act of 1999 (Public Law 106-163; 113 
Stat. 1782) is amended as follows: (3) Effect of failure of 
approval to become final.--In the event the approval by the 
appropriate court, including any direct appeal, does not become 
final within [3 years] 5 years after the filing of the decree, 
or the decree is approved but is subsequently set aside by the 
appropriate court--(A) the approval, ratification, and 
confirmation of the Compact by the United States shall be null 
and void; and (B) except as provided in subsections (a) and 
(c)(3) of section 5 and section 105(e)(1), this Act shall be of 
no further force and effect.

                DISPOSAL OF OIL SHALE RESERVE NUMBERED 2


                           Public Law 105-261

    Section 3405(c) of the Public Law 105-261 is amended as 
follows: [(3) The land conveyed to the Tribe under subsection 
(b) shall not revert to the United States for management in 
trust status.] (3) With respect to the land conveyed to the 
Tribe under subsection (b)--(A) the land shall not be subject 
to any Federal restriction on alienation; and (B) no grant, 
lease, exploration or development agreement, or other 
conveyance of the land (or any interest in the land) that is 
authorized by the governing body of the Tribe shall be subject 
to approval by the Secretary of the Interior or any other 
Federal official.

                       INDIAN ARTS AND CRAFTS ACT


                       25 U.S.C. Sec. 305 et seq.

    Section 2(g) of the Act of August 27, 1935 is amended as 
follows: (g)(1) to create for the Board, or for an individual 
Indian or Indian tribe or Indian arts and crafts organization, 
trademarks of genuineness and quality for Indian products and 
trademarks for the products of an individual Indian or 
particular Indian tribe or Indian arts and crafts organization; 
(2) to establish standards and regulations for the use of 
Government-owned trademarks by corporations, associations, or 
individuals, and to charge for such use under such licenses; 
(3) to register any such trademark owned by the Government in 
the United States Patent and Trademark Office without charge 
[and assign it and the goodwill associated with it to an 
individual Indian or Indian tribe without charge; and]; (4) [to 
pursue or defend in the courts any appeal or proceeding with 
respect to any final determination of that office] to file with 
the United States Patent and Trademark Office, and prosecute, 
an application for any trademark or other mark described in 
paragraph (1) that is owned by an individual Indian, Indian 
tribe, or Indian arts and crafts organization, for registration 
without charge in the United States Patent and Trademark 
Office; (5)(A) to assign any trademark described in paragraph 
(2) that is owned by the federal Government, and the goodwill 
associated with the trademark, to an individual Indian, Indian 
tribe, or Indian arts and crafts organization; and (B) to 
record any such assignment in the United States Patent and 
Trademark Office, without charge; and (6) to pursue or defend 
in the appropriate courts of the United States any appeal or 
proceeding with respect to any final determination of the 
United States Patent and Trademark Office;

     CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION ACT OF 1998


                      20 U.S.C. Sec. 2301 et seq.

    Section 311(a) of the Carl D. Perkins Vocational and 
Technical Education Act of 1998 is amended as follows: [Funds 
made available] (1) In General._Except as provided in paragraph 
(2), funds made available under this chapter for vocational and 
technical education activities shall supplement, and shall not 
supplant, non-Federal funds expended to carry out vocational 
and technical education activities and tech-prep activities. 
(2) Exemption for tribally controlled post secondary vocational 
and technical institutions._Paragraph (1) shall not apply to 
funds made available under section 117.

         INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT


                       25 U.S.C. Sec. 450 et seq.

    Section 1210 of the Indian Self-Determination and Education 
Assistance Act is amended as follows: [(c) Application of Laws 
to Administrative Appeals.--The Equal Access to Justice Act 
(Public Law 96-481, Act of October 1, 1980; 92 Stat. 2325, as 
amended, section 504 of Title 5, and section 2412 of Title 28, 
shall apply to administrative appeals pending on or filed after 
October 5, 1988, by tribal organizations regarding self-
determination contracts.] (c) Application of Laws to 
Administrative Appeals._(1) In general._The Equal Access to 
Justice Act (5 U.S.C. 504 note; Public Law 96-481), section 504 
of title 5, United States Code, and section 2412 of title 28, 
United States Code, shall apply to an administrative appeal by 
a tribal organization that--(A) is pending on or filed after 
October 5, 1998; and (B) relates to a contract, a grant 
agreement, or any other agreement or compact authorized under--
(i) this Act; or (ii) the Tribally Controlled Schools Act of 
1988 (25 U.S.C. 2501 et seq.). (2) Fee._(A) In general._In the 
case of any claim for a fee described in subparagraph (B), the 
fee shall be $125 per hour, unless an appropriate Federal 
agency determines by regulation that an increase in the cost of 
living or a special factor, such as the limited availability of 
qualified attorneys or agents for the proceedings involved, 
justifies a higher fee. (B) Description of Claim._A claim 
described in this subparagraph is--(i) a claim by a person for 
a fee for services relating to an appeal described in paragraph 
(1) that are performed on or after March 29, 1996; or (ii) a 
claim by a person for a fee for services that--(I) is asserted 
on or after March 29, 1996; but (II) is for a fee for services 
relating to an appeal described in paragraph (1) performed 
before that date.
    Section 403 of the Indian Self-Determination and Education 
Assistance Act is amended as follows: [(l) Incorporate self-
determination provisions At the option of a participating tribe 
or tribes, any or all provisions of Part A of this subchapter 
shall be made part of an agreement entered into under title III 
of this Act or this part. 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 part.] (l) Incorporation of Self-Determination 
Provisions._(l) In general._At the option of any participating 
Indian tribe, any or all of the provisions of title I or V 
shall be incorporated in a compact or funding agreement entered 
into under this title. (2) Force and effect._A provision 
incorporated under paragraph (l) shall--(A) have the same force 
and effect as if included in this title; and (B) be deemed to--
(i) supplement or supplant any related provision in this title 
as appropriate; and (ii) apply to any agency subject to this 
title. (3) Timing._In any case in which an Indian tribe 
requests incorporation of a provision under paragraph (l) 
during the negotiation stage of a compact or funding agreement 
described in that paragraph, the incorporation shall--(A) be 
considered to be effective immediately; and (B) control the 
negotiation and any resulting compact or funding agreement.

                     INDIAN LAND CONSOLIDATION ACT


                             25 U.S.C. 2216

    Section 206(c)(2)(B) of the Indian Land Consolidation Act 
(25 U.S.C. 2205(c)(2)(B)) is amended as follows: A non-Indian 
devisee described in subparagraph (A) or a non-Indian devisee 
described in section [207(a)(6)(B)] 207(a)(6) of this title, 
may retain a life estate in the interest involved, including a 
life estate to the revenue produced from the interest. The 
amount of any payment required under paragraph (1) shall be 
reduced to reflect the value of any life estate reserved by a 
non-Indian devisee under this subparagraph.
    Section 207(g) of the Indian Land Consolidation Act (25 
U.S.C. 2206(g)) is amended as follows: [(5) Effective date. The 
provisions of this section shall not apply to the estate of an 
individual who dies prior to the day that is 365 days after the 
Secretary takes the certification required under paragraph 
(4).] (5) Effective date._(A) In general._Except as provided in 
subparagraph (B), this section shall not apply to the estate of 
an individual who dies before the date that is 1 year after the 
date on which the Secretary makes the certification required 
under paragraph (4). (B) Approval._Subsection (e) takes effect 
on November 7, 2000.
    Section 217(c) of the Indian Land Consolidation Act (25 
U.S.C. 2216(c)) is amended as follows: [(c) Acquisition of 
Interest by Secretary.--An Indian, or the recognized tribal 
government of a reservation, in possession of an interest in 
trust or restricted lands, at least a portion of which is in 
trust or restricted status on November 7, 2000 and located 
within a reservation, may request that the interest be taken 
into trust by the Secretary.] (c) Acquisition of Interest by 
Secretary._(l) Request.--(A) In general._An Indian, or the 
recognized tribal government of a reservation, that is in 
possession of any portion of the fee interest in a parcel of 
land described in subparagraph (B) may request that the 
interest be taken into trust by the Secretary. (B) Land._A 
parcel of land described in this subparagraph is any parcel of 
land--(i) that is located within a reservation; and (ii) at 
least a portion of the ownership interest in which is held by 
the Secretary, in trust or restricted status, on November 7, 
2000. [Upon] (2) Interest._Upon such a request, the Secretary 
shall forthwith take such interest into trust.

                                
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