[Senate Report 108-273]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 529
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-273
======================================================================


 
MAKING TECHNICAL CORRECTIONS TO LAWS RELATING TO NATIVE AMERICANS, AND 
                           FOR OTHER PURPOSES

                                _______
                                

                  May 20, 2004.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1955]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 1955), a bill to make technical corrections to laws 
relating to Native Americans, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment in the nature of a substitute and recommends that the 
bill (as amended) do pass.

                                Purpose

    The purpose of S. 1955 is to address a number of specific 
provisions related to Indians or Indian tribes in one bill, 
obviating the need for the introduction and enactment of 
separate smaller bills. S. 1955 contains sixteen provisions, 
including the extension of several expiring authorizations, 
amending provisions of statutes relating to particular Indian 
tribes, and modifying certain Native American programs.

                               Background

    S. 1955 contains separate provisions dealing with a variety 
of topics including the re-authorization of statutes 
authorizing Native American programs such as the Indian Tribal 
Justice Technical and Legal Assistance Act and the Indian 
Tribal Justice 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 
section-by-section analysis included in this report.

                          Legislative History

    The Native American Technical Corrections Act of 2004 (S. 
1955) was introduced on November 25, 2003 by Senator Campbell 
and was referred to the Committee on Indian Affairs. On April 
7, 2004, the Committee on Indian Affairs convened a business 
meeting to consider S. 1955 and other measures that had been 
referred to it, and on that date the Committee favorably 
reported a substitute amendment to S. 1955.

            Committee Recommendation and Tabulation of Vote

    On April 7, 2004, the Committee on Indian Affairs, in an 
open business session, adopted an amendment in the nature of a 
substitute to S. 1955 by voice vote and ordered the bill, as 
amended, reported favorably to the Senate.

        Section-by-Section Analysis of the Substitute Amendment


Section 1. Short Title: Table of Contents

    Section 1 provides the short title of the Act as the Native 
American Technical Corrections Act of 2004 and provides a Table 
of Contents for the bill.

Section 2. Definition of Secretary

    Section 2 defines the term ``Secretary'' to mean the 
Secretary of the Interior.

 TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE 
                               AMERICANS

Section 101. National Fund for Excellence in American Indian Education

    Section 101 provides for a statutory name change of the 
American Indian Education Foundation, created under Public Law 
106-568, to the ``National Fund for Excellence in American 
Indian Education.''

Section 102. Indian Financing Act Amendments

    Section 102 amends the Indian Financing Act of 1974 (Pub. 
L. 93-262) to clarify that non-profit tribal entities are 
eligible for the Bureau of Indian Affairs (BIA) Loan Guaranty 
Program. In addition, because the BIA is fast reaching its $500 
million limit on the amount of loans it can have outstanding, 
this section will increase that number to $1.5 billion. 
Finally, this section makes Community Development Finance 
Institutions (CDFIs) eligible as lenders for the BIA Loan 
Guaranty program.

Section 103. Indian Tribal Justice Technical and Legal Assistance

    Section 103 extends the authorization for appropriations 
contained in section 106 of the Indian Tribal Justice Technical 
and Legal Assistance Act (Pub. L. 106-559, 25 U.S.C. 3666, 
3681(d)) through fiscal year 2010. This section appropriates 
funding for tribal civil legal assistance grants.

Section 104. Tribal Justice Systems

    Section 104 re-authorizes section 201 of the Indian Tribal 
Justice Act (Pub. L. 106-559, 25 U.S.C. 3621) through fiscal 
year 2010. This section authorizes appropriations for Indian 
tribal court grants.

Section 105. Crow Tribal Trust Fund

    Section 105 amends the Crow Boundary Settlement Act of 1994 
(25 U.S.C. 1776, et seq.) which established an $85 million 
trust fund as the result of the Crow Tribe settling a boundary 
dispute with the United States. Section 107 clarifies that 
capital gains on the Crow Tribal Trust Fund are available for 
distribution to the Tribe for the same uses and subject to the 
same restrictions as for interest distributions. The capital 
gains distributions will not result in a reduction in the 
principal of the Fund below $85 million.

Section 106. Fallon Paiute-Shoshone Tribe Settlement Fund

    Section 106 amends the Fallon Paiute Shoshone Indian Tribes 
Water Rights Settlement Act of 1990 (Pub. L. 101-618, 104 Stat. 
3289) to adjust the spending rule set forth in that Act for the 
Tribe's Settlement Fund. The Settlement Fund was fully 
appropriated in 1995 and currently contains $43 million. 
Section 106 would authorize expenditure of 6% of the average 
market value of the Settlement Fund over the preceding three 
years. Current authorization to temporarily spend 20% of the 
Funds principal would be eliminated.

Section 107. ANCSA Amendment

    Section 107 clarifies that lands conveyed by the Federal 
Government pursuant to the Alaska Native Claims Settlement Act 
(43 U.S.C. 1601 et seq.) retain their non-taxable status after 
an exchange of land between Alaska Native Corporations. While 
Congress has enacted a number of provisions to ANCSA clarifying 
when specific lands retain their status as ANCSA lands on a 
case-by-case basis, there is no single provision that clearly 
states that ANCSA lands exchanged between Native Corporations 
retain all the rights and privileges of ANCSA Lands. Section 
107 provides that ANCSA lands retain that ``status'' when the 
lands are exchanged between Native Corporations.

Section 108. Native Hawaiian Cultural Activities

    Section 108 amends the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7515(a)(3)) to support a program of 
research and educational activities related to Native Hawaiian 
culture, history, and law. Programs include graduate-level 
classroom and clinical instruction in the field of Native 
Hawaiian law; scholarships for students undertaking off-campus 
internships; and sponsorship of educational forums address 
Native Hawaiian law.

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

Section 201. Short Title

    This title may be cited as the Assiniboine and Sioux Tribes 
of the Fort Peck Reservation Judgment Fund Distribution Act of 
2003.

Section 202. Findings

    Congress finds in the case of the Assiniboine and Sioux 
Tribes of the Fort Peck Reservation v. United States of America 
(Docket No. 773-87-L) that the United States is liable for 
income derived from investment of tribal trust funds.

Section 203. Definitions

    Section 203 defines the terms ``Court'', ``Distribution 
Amount'', ``Judgment Amount'', ``Principal Indebtedness'', and 
``Tribe''.

Section 204. Distribution of Judgment Funds

    This section authorizes the distribution of judgment funds 
to the tribe and various tribal programs.

Section 205. Applicable Law

    All funds distributed under this title are subject to 
sections 7 and 8 of the Indian Tribal Judgment Funds Use or 
Distribution Act (25 U.S.C. 1407, 1408).

                     TITLE III--INDIAN LAND LEASING

Section 301. Authorization of 99-Year Leases

    This section amends Subsection (a) of the Act of August 9, 
1955, 25 U.S.C. 415, to provide that leases of restricted lands 
held by the Confederated Tribes of the Umatilla Indian 
Reservation, the Yurok Tribe, the Hopland Rancheria. The Fallon 
Paiute Shoshone Tribe, and the Muckleshoot Tribe may be of 
terms not to exceed 99 years.

Section 302. Certification of Rental Proceeds

    This section provides that any revenues accrued from 
renting lands acquired under the Farmers Home Administration 
Direct Loan Account, 25 U.S.C. 488, shall be considered the 
rental value of that land and considered the appraisal value of 
that land.

Section 303. Montana Indian Tribes; Agreement with Dry Prairie Rural 
        Water Association, Incorporated

    Section 303 provides that the Assiniboine and Sioux Tribes 
of the Fort Peck Indian Reservation may enter into alease 
agreement with the Dry Prairie Rural Water Association under the Fort 
Peck-Montana Compact. The term of the lease shall not exceed 100 years.

Section 304. Approval of, and Regulations Relating to, Tribal Leases

    Section 304 provides that notwithstanding section (a) of 25 
U.S.C. 415, any restricted Indian land that is owned by an 
Indian tribe may be leased by a tribe, with the approval of the 
Secretary of the Interior, for a term of not longer than 99 
years for any public, religious, educational or business 
purpose. Energy exploration and storage of hazardous waste 
materials are specifically excluded from this provision.

                  TITLE IV--NAVAJO HEALTH CONTRACTING

Section 401. Navajo Health Contracting

    Section 401 authorizes the Navajo Health Foundation/Sage 
Memorial Hospital on the Navajo Indian reservation to be 
considered a tribal contractor under the provisions of the 
Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450f et seq.) for the purposes of contract negotiations 
with the Secretary of the U.S. Department of Health and Human 
Services.

                   Cost and Budgetary Considerations

    The cost estimate for S. 1955 as calculated by the 
Congressional Budget Office, is set forth below:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 20, 2004.
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 S. 1955, the Native 
American Technical Corrections Act of 2004.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lanette J. 
Walker.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

S. 1955--Native American Technical Corrections Act of 2004

    Summary: S. 1955 would authorize appropriations for 
programs of the Department of Justice and Department of the 
Interior that support courts and other judicial systems for 
Indian Tribes. CBO estimates that implementing S. 1955 would 
cost $2 million in 2005 and $137 million over the 2005-2009 
period, assuming appropriation of the necessary amounts.
    S. 1955 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost the Federal Government: The estimated 
budgetary impact of S. 1955 is shown in the following table. 
The cost of this legislation would fall within budget functions 
450 (community and regional development) and 750 
(administration of justice).
    Basis of estimate: For this estimate, CBO assumes that S. 
1955 will be enacted by the beginning of calendar year 2005 and 
that the necessary amounts will be appropriated for each fiscal 
year.

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars--
                                                                 -----------------------------------------------
                                                                   2004    2005    2006    2007    2008    2009
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending under Current Law for Tribal Justice Programs:
    Department of Justice:
        Budget Authority \1\....................................       8       0       0       0       0       0
        Estimated Outlays.......................................       7       5       4       3       1       0
    Department of the Interior:
        Authorization Level.....................................       0      58      58      58       0       0
        Estimated Outlays.......................................       0      52      58      58       6       0
Proposed Changes:
    Department of Justice:
        Estimated Authorization Level...........................       0       8       8       8       9       9
        Estimated Outlays.......................................       0       2       4       6       7       8
    Department of the Interior:
        Authorization Level.....................................       0       0       0       0      58      58
        Estimated Outlays.......................................       0       0       0       0      52      58
    Total Proposed Changes:
        Estimated Authorization Level...........................       0       8       8       8      67      67
        Estimated Outlays.......................................       0       2       4       6      59      66
Spending under S. 1955 for Tribal Justice Programs:
    Estimated Authorization Level \1\...........................       8      66      66      66      67      67
    Estimated Outlays...........................................       7      59      66      67      66      66
----------------------------------------------------------------------------------------------------------------
\1\ The Congress provided $8 million to the Department of Justice for Tribal Justice programs in 2004.

    Indian Tribal Justice Technical and Legal Assistance. 
Section 103 would authorize the appropriation of such sums as 
may be necessary for fiscal years 2005 through 2009 to the 
Department of Justice to provide grants to support tribal 
courts and legal assistance programs. In 2004, a total of $8 
million was appropriated for these programs. For this estimate, 
CBO adjusted the 2004 appropriation for this program for 
anticipated inflation over the 2005-2009 period.
    Tribal Justice Systems. Section 104 would authorize the 
appropriation of $58 million over the 2008-2010 period to the 
Department of the Interior to provide grants to Indian tribes 
to support tribal justice systems and for the administrative 
expenses of the Office of Tribal Justice Support. These grants 
could be used to hire judicial personnel, provide technical 
assistance and training, offer victim assistance, acquire law 
library materials, or for similar purposes. CBO estimates that 
implementing this provision would cost $110 million in 2008 and 
2009, subject to the appropriation of the specified amounts.
    Intergovernmental and private-sector impact: S. 1955 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Mark Grabowitz--Indian 
Tribal Justice Technical and Legal Assistance and Lanette J. 
Walker--Tribal Justice Systems. Impact on State, Local, and 
Tribal Governments: Marjorie Miller. Impact on the Private 
Sector: Selena Caldera.
    Estimate approved by: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires that each report accompanying a bill to 
evaluate the regulatory paperwork impact that would be incurred 
in implementing the legislation. The Committee has concluded 
that enactment of S. 1955 will create only de minimis 
regulatory or paperwork burdens.

                        Executive Communications

    The Committee has received no official communication 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, the Committee states that the 
enactment of S. 1955 will result in the following changes in 
existing law, (with existing law proposed to be omitted is 
enclosed in black brackets and the new language to be added in 
italic):

       NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN EDUCATION


                           (Pub. L. 106-568)


                            25 U.S.C. 458bbb

    Section 501 of the Indian Self-Determination and Education 
Assistance Act is amended as follows:
    Sec. 501. [American Indian Education Foundation] National 
Fund for Excellence in American Indian Education.
    (a) In General.--As soon as practicable after December 27, 
2000, the Secretary of the Interior shall establish, under the 
laws of the District of Columbia and in accordance with this 
part, the [American Indian Education Foundation] National Fund 
for Excellence in American Indian Education.

                         25 U.S.C. 458bbb-2(2)

    Section 503(2) of the Indian Self-Determination and 
Education Assistance Act is amended as follows: (2) the term 
``Foundation'' means the [Foundation] National Fund for 
Excellence in American Indian Education.

                    INDIAN FINANCING ACT AMENDMENTS


                            (Pub. L. 93-262)


                             25 U.S.C. 1481

    Section 201 of Public Law 93-262 is amended as follows:
    [Sec. 201. In order] Sec. 201. Loan Guaranties and 
Insurance.
    (a) In General._In order to provide access to private money 
sources which otherwise would not be available, [the Secretary 
is authorized (a) to guarantee] the Secretary may--
          (1) guarantee; not to exceed 90 per centum of the 
        unpaid principal and interest due on any loan made to 
        any organization of Indians having a form or 
        organization satisfactory to the Secretary, and to 
        individual [Indians; and (b) in lieu of such guaranty, 
        to insure] Indians; or
          (2) to insure; loans under an agreement approved by 
        the Secretary whereby the lender will be reimbursed for 
        losses in an amount not to exceed 15 per centum of the 
        aggregate of such loans made by it, but not to exceed 
        90 per centum of the loss on any one loan.
    (b) Eligible Borrowers.--The Secretary may guarantee or 
insure loans under subsection (a) to both for profit and 
nonprofit borrowers.

                             25 U.S.C. 1484

    Section 204 of the Indian Financing Act of 1974 is amended 
as follows:
    [Sec. 204.] Sec. 204. LOAN APPROVAL.

                             25 U.S.C. 1486

    Section 206 of the Indian Financing Act of 1974 is amended 
as follows:
    Sec. 206. Loans made by any agency or instrumentality of 
the Federal Government, or by an organization of Indians from 
funds borrowed from the United States, and loans the interest 
on which is not included in gross income for the purposes of 
chapter 1 of the [Internal Revenue Code of 1954, as amended,] 
Internal Revenue Code of 1936 (except loans made by certified 
Community Development Finance Institutions) shall not be 
eligible for guaranty or insurance hereunder.

                           25 U.S.C. 1497(b)

    Section 217(b) of the Indian Financing Act of 1974 is 
amended as follows:
    The Secretary may use the fund for the purpose of 
fulfilling the obligations with respect to loans or surety 
bonds guaranteed or insured under this title, but the aggregate 
of such loans or surety bonds which are insured or guaranteed 
by the Secretary shall be limited to [$500,000,000] 
$1,500,000,000.

          INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE


                           (Pub. L. 106-559)


                             25 U.S.C. 3666

    Section 106 of the Indian Tribal Justice Technical and 
Legal Assistance Act is amended as follows:
    For purposes of carrying out the activities under this 
subchapter, there are authorized to be appropriated such sums 
as are necessary for fiscal years [2000] 2004 through [2004] 
2010.

                           25 U.S.C. 3681(d)

    Section 201(d) of the Indian Tribal Justice Technical and 
Legal Assistance Act is amended as follows:
    For purposes of carrying out the activities under this 
section, there are authorized to be appropriated such sums as 
are necessary for fiscal years [2000] 2004 through [2004] 2010.

                     INDIAN TRIBAL JUSTICE SYSTEMS


                           (Pub. L. 106-559)


                       25 U.S.C. 3621(a)(b)(c)(d)

    Section 201 of the Indian Tribal Justice Act are amended as 
follows:
    (a) There is authorized to be appropriated to carry out the 
provisions of sections 3611 and 3612 of this title, $7,000,000 
for each of the fiscal years 2000 through [2007] 2010. None of 
the funds provided under this subsection may be used for the 
administrative expenses of the office.
    (b) There is authorized to be appropriated to carry out the 
provisions of section 3613 of this title $50,000,000 for each 
of the fiscal years 2000 through [2007] 2010.
    (c) There is authorized to be appropriated, for the 
administrative expenses of the Office, $500,000 for each of the 
fiscal years 2000 through [2007] 2010.
    (d) There is authorized to be appropriated, for the 
administrative expenses of tribal judicial conferences,$500,000 
for each of the fiscal years 2000 through [2007] 2010.

                         CROW TRIBAL TRUST FUND


                           (Pub. L. 103-444)


                           25 U.S.C. 1776d(d)

    Section 6(d) of the Crow boundary Settlement Act of 1994 is 
amended as follows:
    (d) Distribution of Interest and Capital Gains._
          (1) In general.--[Only] Except as provided in 
        paragraph (4), only; the interest received on funds in 
        the Crow Tribal Trust Fund shall be available for 
        distribution by the Secretary to the Crow Tribe for use 
        for education, land acquisition, economic development, 
        youth and elderly programs or other tribal purposes in 
        accordance with plans and budgets developed and 
        approved by the Crow Tribe and approved by the 
        Secretary.
          (2) Requirements for distribution of interest 
        commencing with fiscal year 1996 and for each fiscal 
        year thereafter, without fiscal year limitation, the 
        interest received on monies in the Crow Tribal Trust 
        Fund shall be available for distribution under this 
        subsection only if--
                  (A) the United States and the Crow Tribe 
                enter into the Settlement Agreement; and
                  (B) the requirements of section 1776g of this 
                title relating to the approval and execution of 
                the Settlement Agreement are satisfied.
          (3) Prohibition--No portion of the Crow Tribal Trust 
        Fund or the interest earned on the Crow Tribal Trust 
        Fund may be distributed to members of the Crow Tribe on 
        a per capita basis.
          (4) Distribution of capital gains.--Notwithstanding 
        subsection (f) of any other provision of law, capital 
        gains and any other non-interest income received on 
        funds in the Crow Tribal Trust Fund shall be available 
        for distribution by the Secretary to the Crow Tribe to 
        the extent that the balance in the Crow Tribal Trust 
        Fund (including capital gains) exceeds $85,000,000 for 
        the same uses and subject to the same restrictions in 
        paragraphs (1) and (3) as are applicable to 
        distributions of interest.

                FALLON PAIUTE-SHOSHONE TRIBE SETTLEMENT


                           (Pub. L. 101-618)


                             104 Stat. 3289

    Section 102(C) of the Fallon Paiute Shoshone Indian Tribes 
Water Rights Settlement Act of 1990 (104 Stat. 3289) is amended 
as follows:
    (C)(1) [The income of the Fund may be obligated and 
expended only for the following purposes:] Notwithstanding any 
conflicting provision in the original Fund plan during Fund 
fiscal year 2004 and during each subsequent Fund fiscal year, 6 
percent of the average quarterly market value of the Fund 
during the immediately preceding 3 Fund fiscal years (referred 
to in this title as ``Annual 6 percent Amount''), plus any 
unexpended and unobligated portion of the Annual 6 percent 
Amount from any of the 3 immediately preceding Fund fiscal 
years that are subsequent to Fund fiscal year 2003, less any 
negative income that may accrue on that portion, may be 
expended or obligated only for the following purposes:
          (a) Tribal economic development, including 
        development of long-term profit-making opportunities 
        for the Fallon Paiute-Shoshone Tribe (hereinafter 
        referred to in the Act as ``Tribes'') and its tribal 
        members, and the development of employment 
        opportunities for tribal members;
          (b) Tribal governmental services and facilities;
      (c) Per capita distributions to tribal members;
          (d) Rehabilitation and betterment of the irrigation 
        system on the Fallon Paiute Shoshone Indian Reservation 
        (hereinafter referred to in the Act as ``Reservation'') 
        not including lands added to to Reservation pursuant to 
        the provisions of Public Law 95-337, 92 Stat. 455;
          (e) Acquisition of lands, water rights or related 
        property interests located outside the Reservation from 
        willing sellers, and improvement of such lands;
          (f) Acquisition of individually-owned land, water 
        rights or related property interests on the Reservation 
        from willing sellers, including those held in trust by 
        the United States.
          (g) Fees and expenses incurred in connection with the 
        investment of the Fund, for investment management, 
        investment consulting, custodianship, and other 
        transactional services or matters.
    (2) Except as provided in subsection (C)(3) of this 
section, the principal of the Fund shall not be obligated or 
expended.
    (3) In obligating and expending funds for the purposes set 
forth in subsections (C)(1)(d) , (C)(1)(e) and (C)(1)(f) of 
this section, the Tribes may obligate and expend no more than 
20 percent of the principal of the Fund, provided that any 
amounts so obligated and expended from principal must be 
restored to the principal from repayments of such amounts 
expended for the purposes identified in this subsection, or 
from income earned on the remaining principal.
    (4) [In obligating and expending funds for the purpose set 
forth in subsection (C)(1)(c), no more than twenty percent of 
the annual income from the Fund may be obligated or expended 
for the purpose of providing per capita payments to tribal 
members.] No monies from the Fund other than the amounts 
authorized under paragraphs (1) and (3) may be expended or 
obligated for any purpose.
    (5) Notwithstanding any conflicting provision in the 
original Fund plan, during Fund fiscal year 2004 and during 
each subsequent Fund fiscal year, not more than 20 percent of 
the Annual 6 percent Amount for the Fund fiscal year (referred 
to in this title as the ``Annual 1.2 percent Amount'') may be 
expended or obligated under paragraph (1)(c) for per capita 
distributions to tribal members, except that during each Fund 
fiscal year subsequent to Fund fiscal year 2004, any unexpended 
and unobligated portion of the Annual 1.2 percent Amount from 
any of the 3 immediately preceding Fund fiscal years that are 
subsequent to Fund fiscal year 2003, less any negative income 
that may accrue on that portion, may also be expended or 
obligated for such per capita payments.
    (D) The Tribes shall invest, manage, and use the monies 
appropriated to the Fund for the purposes set forth in this 
section in accordance with the plan developed in consultation 
with the Secretary under subsection (F) of this section. 
Notwithstanding any conflicting provision in the original Fund 
plan, the Fallon Business Council, in consultation with the 
Secretary, shall promptly amend the original Fund plan for the 
purposes of conforming the Fund plan to this title and making 
non-substantive updates, improvements, or corrections to the 
original Fund plan.
    (E) Upon the request of the Tribes, the Secretary shall 
invest the sums deposited in, accruing to, and remaining in the 
Fund, in interest-bearing deposits and securities in accordance 
with the Act of June 24, 1938, 52 Stat. 1037, 25 U.S.C. 162a, 
as amended. All income earned on such investments shall be 
added to the Fund.
    (F)(1) The Tribes shall develop a plan, in consultation 
with the Secretary, for the investment, management, 
administration and expenditure of the monies in the Fund, and 
shall submit the plan to the Secretary. The plan shall set 
forth the manner in which such monies will be 
managed,administered, and expended for the purposes outlined in 
subsection (C)(1) of this section. Such plan may be revised and updated 
by the Tribes in consultation with the Secretary.
    (2) The plan shall include a description of a project for 
the rehabilitation and betterment of the existing irrigation 
system on the Reservation. The rehabilitation and betterment 
project shall include measures to increase the efficiency of 
irrigation deliveries. The Secretary may assist in the 
development of the rehabilitation and betterment project, and 
the Tribes shall use its best efforts to implement the project 
within four years of the time when appropriations authorized in 
subsection (B) of this section become available.
    (3) Upon the request of the Tribes, the Secretary of the 
Treasury and the Secretary of the Interior shall make available 
to the Tribes, monies from the Fund to serve any of the 
purposes set forth in subsection (C)(1) of this section, except 
that no disbursement shall be made to the Tribes unless and 
until they adopt the plan required under this section.
    (G) The provisions of section 7 of Public Law 93-134, 87 
Stat. 468, as amended by section 4 of Public Law 97-458, 96 
Stat. 2513, 25 U.S.C. 1407, shall apply to any funds which may 
be distributed per capita under subsection (C)(1)(c) of this 
section.

                             104 Stat. 3293

    Section 107 of the Fallon Paiute Shoshone Indian Tribes 
Water Rights Settlement Act of 1990 is amended as follows:
    For the purposes of this title, and for no other purposes--
          (A) the term ``Fallon Paiute Shoshone Tribal 
        Settlement Fund'' or ``Fund'' means the Fund 
        established under section 102(A) of this Act to enable 
        the Fallon Paiute Shoshone Tribes to carry out the 
        purposes set forth in section 102(C)(1) of this title;
          [(B) the term ``income'' means all interest, 
        dividends, gains and other earnings resulting from the 
        investment of the principal of the Fallon Paiute 
        Shoshone Tribal Settlement Fund, and the earnings 
        resulting from the investment of such income;]
          (B) the term ``Fund fiscal year'' means a fiscal year 
        of the fund (as defined in the Fund plan);
          [(C) the term ``principal'' means the total sum of 
        monies appropriated to the Fallon Paiute Shoshone 
        Tribal Settlement Fund under section 102(3) of this 
        Act;]
          (C) the term ``Fund plan'' means the plan established 
        under section 102(F), including the original Fund plan 
        (the ``Plan for Investment, Management, Administration 
        and Expenditure dated December 20, 1991'') and all 
        amendments of the Fund plan under subsection (D) or 
        (F)(1) of section 102;
          (D) the term ``income'' means the total net return 
        from the investment of the Fund, consisting of all 
        interest, dividends, realized and unrealized gains and 
        losses, and other earnings, less all related fees and 
        expenses incurred for investment management, investment 
        consulting, custodianship and transactional services or 
        matters;
          (E) the term ``principal'' means the total amount 
        appropriated to the Fallon Paiute Shoshone Tribal 
        Settlement Fund under section 102(B);
          [(D)] (F) the term ``Reservation'' means the lands 
        set aside for the benefit of the Fallon Paiute Shoshone 
        Tribes by the orders of the Department of the Interior 
        of April 20, 1907, and November 21, 1917, as expanded 
        and confirmed by the Act of August 4, 1978, Public Law 
        95-337, 92 Stat. 457;
          [(E)] (G) the term ``Secretary'' means the Secretary 
        of the Department of the Interior;
          [(F)] (H) the term ``tribal members'' means the 
        enrolled members of the Fallon Paiute Shoshone Tribes; 
        and
          [(G)] (I) the term ``tribes'' means the FallonPaiute-
Shoshone Tribe.

                  NATIVE HAWAIIAN CULTURAL ACTIVITIES


                          20 U.S.C. 7515(a)(3)

    Section 7205(a)(3) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7515(a)(3)) is amended as 
follows:
          (K) [other research and evaluation activities related 
        to programs carried out under this part; and] research 
        and educational activities relating to Native Hawaiian 
        culture, history, and law.
          [K] (L) [other activities, consistent with the 
        purposes of this part, to meet the educational needs of 
        Native Hawaiian children and adults.] other research 
        and evaluation activities related to programs carried 
        out under this part; and
          [L] (M) [other activities consistent with the 
        purposes of this part, to meet the educational needs of 
        Native Hawaiian children and adults.] other activities, 
        consistent with the purposes of this part, to meet the 
        educational needs of Native Hawaiian children and 
        adults.

                    AUTHORIZATION OF 99-YEAR LEASES


                              (Pub. L.  )


                            25 U.S.C. 415(a)

    (a) Authorized Purposes; Term; Approval by Secretary.--Any 
restricted Indian lands, whether tribally, or individually 
owned, may be leased by the Indian owners, with the approval of 
the Secretary of the Interior, for public, religious, 
educational, recreational, residential, or business purposes, 
including the development or utilization of natural resources 
in connection with the operations under such leases, for 
grazing purposes, and for those farming purposes which require 
the making of a substantial investment in the improvement of 
the land for the production of specialized crops as determined 
by said Secretary. 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 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 Muckleshoot Indian Reservation and land 
held in trust for the Muckleshoot Indian Tribe, 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 compromising 
the Moses Allotment Numbered 10, Helen County, Washington, 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 
Reservation, lands held in trust for the Fallon Paiute Shoshone 
Tribes, lands held in trust for the pueblo of Santa Clara, land 
held in trust for the Yurok Tribe, land held in trust for the 
Hopland Band of Pomo Indians of the Hopland Rancheria, lands 
held in trust for the Confederated Tribes of the Coville 
Reservation, lands held in trust for the Cahuilla Band of 
Indians of California, lands held in trust for the Confederated 
Tribes of the Grand RondeCommunity of Oregon, and the lands 
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. Leases for public, religious, 
educational, recreational, residential, or business purposes (except 
leases the initial term of which extends for more than seventy-four 
years) with the consent of both parties may include provisions 
authorizing their renewal for one additional term of not to exceed 
twenty-five years, and all leases and renewals shall be made under such 
terms and regulations as may be prescribed by the Secretary of the 
Interior. Prior to approval of any lease or extension of an existing 
lease pursuant to this section, the Secretary of the Interior shall 
first satisfy himself that adequate consideration has been given to the 
relationship between the use of the leased lands and the use of 
neighboring lands; the height, quality, and safety of any structures or 
other facilities to be constructed on such lands; the availability of 
police and fire protection and other services; the availability of 
judicial forums for all criminal and civil causes arising on the leased 
lands; and the effect on the environment of the uses to which the 
leased lands will be subject.

                            25 U.S.C. 415(h)

    (h) Authorization of Leases of Tribally Owned Restricted 
Land for Terms of 99 Years.--
          (1) In general.--Notwithstanding subsection (a), any 
        restricted Indian land that is owned by an Indian tribe 
        may be leased by the tribal owner, with the approval of 
        the Secretary of the Interior, for a term of not longer 
        than 99 years, for--
                  (A) public, religious, educational, 
                recreational, residential, or business 
                purposes; and
                  (B) any other purpose stated in subsection 
                (a), unless the Secretary determines that the 
                principal purpose of the lease is for--
                          (i) exploration, development, or 
                        extraction of a mineral resource; or
                          (ii) storage of materials listed as 
                        high level radioactive waste (as 
                        defined in section 2 of the 
                        Comprehensive Environmental Response, 
                        Compensation, and Liability Act (42 
                        U.S.C. 9601)).
          (2) Approval of the secretary.--
                  (A) Timing.--The Secretary shall approve or 
                disapprove a lease described in subsection (a) 
                or an amendment to such a lease not later than 
                the date that is 180 days after the date on 
                which an application for approval of the lease 
                or lease amendment is submitted to the 
                Secretary.
                  (B) Failure to act.--If the Secretary fails 
                to take action on an application for approval 
                of a lease or lease amendment by the date 
                specified in subparagraph (A), the Secretary 
                shall be deemed to have approved the lease.

                                  
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