[Senate Report 108-273]
[From the U.S. Government Publishing Office]
Calendar No. 529
108th Congress Report
SENATE
2d Session 108-273
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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.
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By fiscal year, in millions of dollars--
-----------------------------------------------
2004 2005 2006 2007 2008 2009
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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
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\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.