[Senate Report 108-49]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 100
108th Congress                                                   Report
                                 SENATE
 1st Session                                                     108-49
======================================================================
 
MAKING TECHNICAL CORRECTIONS TO LAWS RELATING TO NATIVE AMERICANS, AND 
                           FOR OTHER PURPOSES

                                _______
                                

                  May 15, 2003.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 523]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 523) 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 the Native American Technical Corrections 
Act of 2003 is to address a number of technical changes in one 
bill, obviating the need for the introduction and enactment of 
separate smaller bills. S. 523 contains twenty-four provisions, 
including the extension of several expiring authorizations, 
amending provisions and statutes relating to particular Indian 
tribes, and modifying certain Native American programs.

                               Background

    S. 523 contains re-authorizations of the Bosque Redondo 
Memorial Act, the Navajo-Hopi Land Settlement Act of 1974, and 
the Four Corners Interpretive Center Act; provides for 
technical amendments to statutes affecting certain Indian 
tribes; and changes to general laws relating to Native American 
programs.

                          Legislative History

    The Native American Technical Corrections Act of 2003 was 
introduced on March 5, 2003 by Senator Campbell, for himself 
and for Senator Inouye, and was referred to the Committee on 
Indian Affairs. On April 10, 2003, the Committee on Indian 
Affairs convened a business meeting to consider S. 523 and 
other measures that had been referred to it. On that date, the 
Committee favorably reported an amendment in the nature of a 
substitute to S. 523.

            Committee Recommendation and Tabulation of Vote

    On April 10, 2003, the Committee on Indian Affairs, in an 
open business session, adopted an amendment in the nature of a 
substitute to S. 523 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 2003 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


                    Subtitle A--Technical Amendments


Section 101. Bosque Redondo Memorial Act

    Section 101 extends the authority of the Bosque Redondo 
Memorial Act, 114 Stat. 2369, from fiscal year 2000 to fiscal 
year 2004 and extends the authorization for appropriations 
through fiscal year 2006. Authority for the carryover of funds 
is extended from fiscal year 2002 to fiscal year 2007.

Section 102. Navajo-Hopi Land Settlement Act

    Section 102 extends the authority of programs authorized by 
the Navajo-Hopi Land Settlement Act of 1974, 25 U.S.C. 640(d) 
et seq., through fiscal year 2006.

Section 103. Tribal sovereignty

    Section 103 clarifies that Indian tribes that accepted the 
Indian Reorganization Act (IRA), 25 U.S.C. 476 are not required 
to adopt constitutions pursuant to the IRA and remain free to 
organize their governing bodies pursuant to organizational 
governing documents that they determine.

Section 104. Cow Creek Band of Umpqua Indians

    Section 104 amends the Cow Creek Bank of Umpqua Tribe of 
Indians Recognition Act, 25 U.S.C. 712 et seq. to clarify that 
lands shall be treated as on-reservation land for the purpose 
of processing acquisitions of real property into trust.

Section 105. Pueblo de Cochiti; modification of settlement

    Section 105 amends the Pueblo de Cochiti Settlement, 
Section 1 of Pub. L. 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 106. Four Corners Interpretive Center

    Section 106 re-authorizes the Four Corners Interpretive 
Center Act, Pub. L. 106-143, 113 Stat. 1706, through fiscal 
year 2008.

Section 107. Chippewa Cree Tribe; modification of settlement

    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), Pub. L. 106-163, the 
courts, including all appeals, are required to 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 107 extends the period in which the courts 
have to ratify the water rights compact from three years to five years.

Section 108. Mississippi Band of Choctaw Indians

    Section 108 corrects the legal descriptions for certain 
lands already placed into trust and reservation status for the 
Mississippi Band of Choctaw Indians. This section does not 
authorize any additional lands to be placed into trust.

Section 109. Rehabilitation of Celilo Indian Village

    Section 109 add Celilo Village, Oregon, to the Columbia 
River Treaty Fishing Access Sites provision of the Southern 
California Indian Land Transfer Act, Pub. L. 100-581, which 
authorizes the Army Corps of Engineers to rehabilitate existing 
Indian fishing sites.

Section 110. Inheritance of certain trust or restricted land

    This section amends the Sisseton-Wahpeton Heirship Act, 
Pub. L. 98-513, to provide that members may not devise an 
interest (including a life estate under section 4) in the land 
that is less than 2.5 acres to more than one tribal member 
unless each tribal member already holds an interest in that 
land; and (2) any interest in trust or restricted land within 
the reservation that is less than 2.5 acres that would 
otherwise pass by interstate succession (including a life 
estate in the land under section 4), or that is devised to more 
than one tribal member that is not described in paragraph (1), 
shall revert to the Indian tribe, to be held in the name of the 
United States in trust for the Indian tribe.

       Subtitle B--Other Provisions Relating to Native Americans


Section 121. Barona Band of Mission Indians; facilitation of 
        construction of pipeline to provide water for emergency fire 
        suppression and other purposes

    Section 121 authorizes the Barona Band of Mission Indians 
to take lands into trust for the purposes of building a water 
pipeline to assist both the Federal and local fire service by 
providing a water supply that can be used for any fire 
suppression activities.

Section 122. Conveyance of Alaskan objects

    Section 122 amend the Alaska Native Claims Settlement Act 
(ANCSA), 43 U.S.C. 1601 et seq., and requires the Secretary of 
Agriculture to convey to the relevant Alaskan Native 
corporations all artifacts, physical remains, and copies of any 
available field records that are still in possession of the 
Department of Agriculture or any of its relevant offices.

Section 123. Oglala Sioux Tribe; waiver of repayment of expert 
        assistance loans

    Section 123 waives balances due and owing on the loans made 
to the Oglala Sioux Tribe for expert witness fees and expenses.

Section 124. Pueblo of Acoma; land and mineral consolidation

    Section 124 amends Pub. L. 107-138, to authorize the 
Secretary of the Interior to acquire land and subsurface rights 
within the boundaries of the Acoma Indian Reservation by 
issuing bidding/royalty credits as an alternative form of 
payment.

Section 125. Pueblo of Santo Domingo; waiver of repayment of expert 
        assistance loans

    Section 125 waives balances due and owing on loans made to 
the Pueblo of Santo Domingo for expert witness fees and 
expenses.

Section 126. Quinault Indian Nation; water feasibility study

    Section 126 authorizes the Secretary of the Interior to 
conduct a water source, quantity and quality feasibility study 
for the Quinault Indian Nation.

Section 127. Santee Sioux Tribe; study and report

    Section 127 authorizes a feasibility study to determine the 
most feasible method of developing an industrial water plant.

Section 128. Seminole Tribe of Oklahoma; waiver of repayment of expert 
        assistance loans

    Section 128 waives balances due and owing on loans made to 
the Seminole Tribe of Oklahoma for expert witness fees and 
expenses.

Section 129. Shakopee Mdewakanton Sioux Community

    Section 129 authorizes the Shakopee Tribe to sell, lease, 
convey, or warrant lands it holds in fee.

Section 130. Agua Caliente Band of Cahuilla Indians

    Section 130 authorizes the Department of the Interior to 
take land into trust for the Agua Caliente Band of Cahuilla 
Indians and extinguishes the restrictive covenant attached to 
that parcel.

Section 131. Saginaw Chippewa Tribal College

    Section 131 would add the Saginaw Chippewa Tribal College 
to the list of eligible institutions under the Equity in 
Educational Land Grant Status Act of 1994, Pub. L. 103-382.

Section 132. Ute Indian Tribe; oil shale reserve

    Section 102 amends the Indian Mineral Development Act, 25 
U.S.C. 2101 et seq., the Indian Nonintercourse Act, 25 U.S.C. 
177, and the Omnibus Indian Contracts Act, 25 U.S.C. 81, in 
order to exempt the mineral and development activity on certain 
lands held in trust by the Ute Indian Tribe from the above acts 
in order to execute resource development contracts with third 
parties.

      TITLE II--PUEBLO OF SANTA CLARA AND PUEBLO OF SAN ILDEFONSO


Section 201. Definitions

    Section 201 defines the terms ``Agreement'', ``Boundary 
Line'', ``Governors'', ``Indian Tribe'', ``Pueblos'', and 
``Trust Land''.

Section 202. Trust for the Pueblo of Santa Clara, New Mexico

    This section declares the right, title, and interest of the 
United States in certain enumerated tracts of land in Rio 
Arriba County to be held in trust for the Pueblo of Santa 
Clara.

Section 203. Trust for the Pueblo of San Ildefonso, New Mexico

    This section declares the rights (including mineral 
rights), title, and interest of the United States in certain 
enumerated tracts of land in Rio Arriba and Santa Fe counties, 
New Mexico, to be held in trust for the Pueblo of San 
Ildefonso.

Section 204. Survey and legal descriptions

    This section directs the Office of Cadastral Survey of the 
Bureau of Land Management to conduct a survey of the boundary 
lines between the properties. The section states that the 
description of the properties, once approved by the Governors 
of the Pueblos, will be printed in the Federal Register.

Section 205. Administration of trust land

    This section declares the lands taken into trust are to be 
part of the Santa Clara Indian Reservation and the San 
Ildefonso Indian Reservation. This section also directs that 
the lands be administered in accordance with any law (including 
regulations) or court order generally applicable to property 
held by the U.S. government in trust for Indian tribes. In 
addition, the section subjects the trust lands to the Pueblo 
Lands Act of 1924. Finally, the section requires the trust 
lands to be used only for traditional orcustomary uses or 
stewardship conservation and specifically prohibits the lands from 
being used for any new commercial developments.

Section 2906. Effect

    This section provides that nothing in this Title will be 
construed so as to: (1) affect any person's existing right-of-
way, lease, permit, mining claim, grazing permit, water right, 
or other right or interest in or to the trust lands; (2) affect 
any existing right or claim of either Pueblo to any lands or 
interest in lands based upon aboriginal or Indian title; or (30 
constitute the reservation of water or water rights in the 
trust lands or any change in status of water rights of either 
Pueblo.

Section 207. Gaming

    This section provides that the lands taken into trust under 
this Title may not be used for gaming.

     TITLE III--DISTRIBUTION OF QUINAULT PERMANENT FISHERIES FUNDS


Section 301. Distribution of Judgement Funds

    Section 301 is divided into four subsections.
    Subsection (a) authorizes the establishment of three 
separate accounts into which specified funds are to be 
deposited.
    Subsection (b) provides that the tribe has discretionary 
authority to determine the amount of funds available for 
expenditure under the second and third accounts.
    Subsection (c) requires the tribe to maintain the records 
and investment activities of the three accounts separately. The 
records and activities shall be audited annually.
    Subsection (d) mandates that a full accounting of the 
previous fiscal year's investment activities and expenditures 
from all funds shall be made available to the tribal membership 
no later than 120 days after the close of the tribe's fiscal 
year.

Section 302. Conditions for distribution

    Section 302 provides for the judgment funds to be disbursed 
to the Tribe not later than 30 days after enactment of this 
Act.
    It also relieves the United States of all trust 
responsibility and liability for the investment, supervision, 
administration, or expenditure of the judgment funds once the 
funds are disbursed to the tribe. Finally, the funds 
distributed shall be subject to section 7 of the Indian Tribal 
Judgment Funds Use or Distribution Act, relating to the use of 
distribution of certain judgment funds awarded by the Indian 
Claims Commission or the Court of Claims.

                    Cost and Budgetary Consideration

    The cost estimate for S. 523 as calculated by the 
Congressional Budget Office, is set forth below:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 12, 2003.
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. 523, the Native 
American Technical Corrections Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lanette J. 
Walker.
            Sincerely,
                                          Barry B. Anderson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

S. 523--Native American Technical Corrections Act of 2003

    Summary: S. 523 would authorize appropriations for various 
programs that affect Indians and Indian Tribes. CBO estimates 
that implementing S. 523 would cost $14 million in 2004 and $50 
million over the 2004-2008 period, assuming appropriation of 
the necessary amounts.
    S. 523 also would waive the repayment of expert assistance 
loans to the Pueblo of Santo Domingo, the Oglala Sioux Tribe, 
and the Seminole Tribe of Oklahoma. Currently, the tribes owe 
the Department of the Interior almost $300,000 in principal and 
interest on loans provided to pay the expenses of expert 
witnesses in the tribe's claims against the federal government. 
CBO estimates that enacting this provision would increase 
direct spending by about $300,000 in fiscal year 2003.
    S. 523 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. Enacting this legislation would benefit a number 
of Indian tribes.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 523 is shown in the following table. The 
cost of this legislation would fall with budget functions 300 
(natural resources and environment), 450 (community and 
regional development), and 800 (general government).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
                                      SPENDING SUBJECT TO APPROPRIATION \1\

Bosque Redondo Memorial Act:
    Authorization level............................................        1        1        1        0        0
    Estimated outlays..............................................        1        1        1        0        0
Navajo-Hopi Land Settlement Act:
    Estimated authorization level..................................        7        7        7        8        8
    Estimated outlays..............................................        4        7        7        8        8
Rehabilitation of Celilo Indian Village:
    Estimated authorization level..................................       11        0        0        0        0
    Estimated outlays..............................................        7        4        0        0        0
Quinault Indian Nation Water Feasibility Study:
    Estimated authorization level..................................        1        0        0        0        0
    Estimated outlays..............................................        1        0        0        0        0
Santee Sioux Tribe, Study and Report:
    Estimated authorization level..................................        1        0        0        0        0
    Estimated outlays..............................................        1        0        0        0        0
Total:
    Estimated authorization level..................................       21        8        8        8        8
    Estimated outlays..............................................       14       12        8        8        8
----------------------------------------------------------------------------------------------------------------
\1\ Enacting S. 523 also would increase direct spending by about $300,000 in 2003.

Basis of estimate

    For the purposes of this estimate, CBO assumes that S. 523 
will be enacted by the end of calendar year 2003 and that the 
necessary amounts will be appropriated for each fiscal year.
            Spending subject to appropriation
    CBO estimates that implementing S. 523 would cost about $50 
million over the 2004-2008 period to implement the activities 
that would be authorized by the bill.
    Bosque Redondo Memorial. Section 101 would authorize the 
appropriation of $1 million in 2004 and $500,000 in years 2005 
and 2006 for the Secretary of Defense to make grants to the 
state for up to 50 percent of the cost of constructing the 
Bosque Redondo Memorial within the boundaries of Fort Sumner 
State Monument. The state would be required to match the 
federal contributions to be eligible for the grants. Based on 
information from the state, CBO expects that those matching 
funds would be provided in the same year the federal share is 
appropriated. Assuming the appropriation of the specified 
amounts, CBO estimates that the federal share of the costs of 
constructing the monument would be $2 million over the 2004-
2006 period.
    Navajo-Hopi Land Settlement. Section 102 would authorize 
the appropriation of funds through 2008 for Navajo and Hopi 
Indian housing and relocation benefits for tribal members 
living in disputed areas. Assuming appropriation of the 
necessary amounts, CBO estimates that this provision would cost 
$34 million over the 2004-2008 period. This estimate assumes 
that annual appropriations over the 2004-2008 period would 
equal the $7 million appropriated for fiscal year 2003, with an 
adjustment for anticipated inflation.
    Rehabilitation of Celilo Indian Village. The bill would 
authorize the U.S. Army Corps of Engineers to rehabilitate the 
Celilo Indian Village in Oregon. Based on information from the 
Corps, CBO estimates that this provision would cost $11 million 
over the 2004-2008 period.
    Quinault Indian Nation Water Feasibility Study. Section 126 
would authorize the Secretary of the Interior to conduct a 
feasibility study of current and future domestic and commercial 
water supply needs of the Quinault Indian Nation. Based on 
information from the Bureau of Reclamation, CBO estimates that 
the study would cost $1 million in fiscal year 2004, assuming 
appropriation of the necessary amount in that year.
    Santee Sioux Tribe, Study, and Report. This bill would 
authorize the Bureau of Reclamation to determine the most 
feasible method of developing a safe and adequate municipal, 
rural, and industrial water treatment and distribution system 
for the Santee Sioux Tribe of Nebraska. Based on information 
from the agency, CBO estimates that this study would cost 
$500,000 over the 2004-2008 period.
    Saginaw Chippewa Tribal College. The bill would add the 
Saginaw Chippewa Tribal College to the list of Indian tribal 
colleges eligible for certain funds from the agriculture 
Department. Under the Equity in Educational Land-Grant Status 
Act of 1994 (7 U.S.C. 301 note), $100,000 per year is 
authorized to be appropriated for each Indian tribal college to 
provide for facilities and instruction in food and agricultural 
sciences. CBO estimates that this provision would cost $500,000 
over the 2004-2008 period.
            Direct spending
    Section 210 would waive the repayment of expert assistance 
loans made to the Pueblo of Santo Domingo, the Oglala Sioux 
Tribe, and the Seminole Tribe of Oklahoma. Currently, the 
tribes owe the Department of the Interior almost $300,000 in 
principal and interest on loans provided to pay the expenses of 
expert witnesses in the tribe's claims against the federal 
government. CBO estimates that enacting this provision would 
increase direct spending by about $300,000 in fiscal year 2003.
    Title II would direct the Secretary of the Interior to take 
4,484 acres of federal lands and interests into trust on behalf 
of the Pueblo of Santa Clara and the Pueblo of San Ildefonso in 
New Mexico. Taking lands into trust for Indian tribes could 
result in forgone offsetting receipts (a credit against direct 
spending) if, under current law, the lands would generate 
income from programs to develop natural resources. According to 
BLM, however, the affected lands currently generate no 
significant receipts and are not expected to do so over the 
next 10 years. Further, the bill specifies that valid existing 
rights would not be affected by the proposed transfer of lands; 
hence, CBO estimates that any forgone offsetting receipts under 
S. 523 would be negligible.
    Intergovernmental and private-sector impact: S. 523 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. Enacting this legislation would benefit a 
number of Indian tribes.
    Estimate prepared by: Federal costs: David Newman--Bosque 
Redondo Memorial, Lanette J. Walker--Waiver of Expert 
Assistance Loans, Megan Carroll--Pueblo of Santa Clara and the 
Pueblo of San Ildefonso, Julie Middleton--Rehabilitation of 
Celilo Indian Village, Quinault Indian Nation Water Feasibility 
Study, and Santee Sioux Tribe, Study and Report, Matthew 
Pickford--Navajo-Hopi Land Settlement, David Hull--Saginaw 
Chippewa Tribal College; impact on state, local, and tribal 
governments: Marjorie Miller; and impact on the private sector: 
Cecil McPherson.
    Estimate approved by: Peter H. Fontaine, Deputy 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 and paperwork impact that would be 
incurred in implementing the legislation. The Committee has 
concluded that enactment of S. 523 will create only a 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. 523 will result in the following changes in 
existing law, (existing law proposed to be omitted is enclosed 
in black brackets and the new language to be added 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 are authorized to be appropriated to 
carry out this title--
          (1) $1,000,000 for fiscal year [2000] 2004; and
          (2) $500,000 for each of fiscal years [2001] 2005 and 
        [2002] and 2006.
    (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] 2007 for the 
purposes for which those funds were available.

                NAVAJO-HOPI LAND SETTLEMENT ACT OF 1974


                             25 U.S.C. 650d

    Section 24 (a)(8) of Public Law 93-531 is amended as 
follows:
          (8) for the purpose 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 1995, 1996, 1997, 1998, 1999, and 2000] for each 
        of fiscal years 2003 through 2006.

                       INDIAN REORGANIZATION ACT


                             25 U.S.C. 476

    Section 16 of the Act of June 18, 1934 is amended as 
follows:
    (h) Tribal Sovereignty.--Notwithstanding any other 
provision of this act--
          (1) each Indian tribe shall retain inherent sovereign 
        power to adopt governing documents under procedures 
        other than those specified in this section; and
          (2) nothing in this Act invalidates any constitution 
        or other governing document adopted by an Indian tribe 
        after June 18, 1934, in accordance with the authority 
        described in paragraph (1).

                        COW CREEK LAND SELECTION


                         25 U.S.C. 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.)).

              MODIFICATION OF PUEBLO DE COCHITI SETTLEMENT


                            Pub. L. 102-358

    Section 1 of Pub. L. 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 of 
        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, We Field 
        Solution'', dated July 24, 1990, addressing seepage 
        problems at the Cochiti Dan on tribal lands [.]; and
          (2) the modifications regarding the use of settlement 
        funds as described in the agreement known as the 
        ``First Amendment to Operation and Maintenance 
        Agreement for Implemenation of Chochitic Wetlands 
        Solution'', executed--
                  (A) on October 22, 2001, by the Pueblo de 
                Cochiti of New Mexico; and
                  (B) on November 8, 2001, by the Secretary of 
                the Interior.

                  FOUR CORNERS INTERPRETIVE CENTER ACT


                             Pub. L 106-143

    Section 7 of the Four Corners Interpretive Center Act is 
amended as follows:
    (a) Authorizations.--There are to be 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] 2008 for maintanence and operation of the 
        Center, program development, orstaffing in a manner 
consistent with the requirements of section 5(b).
    (b) Carryover.--Funds made available under section (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] 2005 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] 2004.

            CHIPPEWA CREE TRIBE; MODIFICATION OF SETTLEMENT


                            Pub. L. 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 (Pub. L. 106-163); 113 
Stat. 1782) is amended as follows:
          (3) Effect of failure of approval to became 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 subsection (a) and 
                (c)(3) of section 5 and section 105(e)(1), this 
                Act shall be of no further force and effect.

                  MISSISSIPPI BAND OF CHOCTAW INDIANS


                            Pub. L. 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 Band 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 Correction 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. 
        206-568'' 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

                REHABILITATION OF CELILO INDIAN VILLAGE


                            Pub. L. 100-581

    Section 401(b)(3) of Public Law 100-581 is amended as 
follows:
    (b) Notwithstanding any other provision of law, the 
Secretary of the Army shall--
          (3) make improvements at Celilo Village and other 
        existing sites, including but not limited to dredging 
        at the site at Wind River, Washington, and constructing 
        a boat ramp on near the site at Cascade Locks, Oregon.

            INHERITANCE OF CERTAIN TRUST OR RESTRICTED LAND


                             Pub. L. 98-513

    Section 5 of Public Law 98-513 is amended as follows: 
Notwithstanding any other provision of this Act, [no person 
shall be entitled by devise or descent to take any interest, 
including any interest in a life estate under section 4 of this 
Act, less than two and one-half acres, or the equivalent 
thereof, in trust or restricted land within the reservation. 
Any interest less than two and one-half acres of a devisee or 
intestate distributee of a decedent under section 3 of this 
Act, shall escheat to the tribe and title to such escheated 
interest shall be taken in the name of the United States in 
trust for the tribe; Provided that the provisions of this 
section shall not be applicable to the devise or descent of any 
interest in trust or restricted land located within a 
municipality.]
    (a) In General.--Notwithstanding any other provision of 
this Act--
          (1) the owner of an interest in trust or restricted 
        land within the reservation may not devise an interest 
        (including a life estate under section 4) in the land 
        that is less than 2.5 acres to more than one tribal 
        member unless each tribal member already holds an 
        interest in that land; and
          (2) any interest in trust or restricted land within 
        the reservation that is less than 2.5 acres that would 
        otherwise pass by intestate succession (including a 
        life estate in the land under section 4), or that is 
        devised to more than one tribal member that is not 
        described in paragraph (1), shall revert to the Indian 
        tribe, to be held in the name of the United States in 
        trust for the Indian tribe.
    (b) Notice.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of the Indian Probate Reform Actof 
2003, the Secretary shall provide notice to owners of trust or 
restricted land within the Lake Traverse Reservation of the provisions 
of this section by--
                  (A) direct mail;
                  (B) publication in the Federal Register; or
                  (C) publication in local newspapers.
          (2) Certification.--After providing notice under 
        paragraph (1), the Secretary shall--
                  (A) certify that the requirement of this 
                subsection have been met; and
                  (B) shall publish notice of that 
                certification in the Federal Register.
    (b) Applicability.--This section and the amendment made by 
this section shall not apply with respect to the estate of any 
person who dies before the date that is one year after the date 
on which the Secretary makes the required certification under 
section 5(b) of Pub. L. 98-513 (98 Stat. 2413) (as amended by 
subsection (a)).

                    SAGINAW CHIPPEWA TRIBAL COLLEGE


                            Pub. L. 103-382

    Section 532 of Public Law 103-382 is amended as follows:
          (21) Turtle Mountain Community College,
          (22) Saginaw Chippewa Tribal College;
          (23) Navajo Community College,
          (24) United Tribes Technical College,
          (25) Southwest Indian Polytechnic Institute,
          (26) Institute of American Indian and Alaska Native 
        Culture and Arts Development,
          (27) Crownpoint Institute of Technology,
          (28) Haskell Indian Junior College,
          (29) Leech Lake Tribal College,
          (30) College of the Menominee Nation.

                            UTE INDIAN TRIBE


                            Pub. L. 105-261

    Section 3405(c) of Public Law 105-261 is amended as 
follows:
    [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 land conveyed to the Tribe under 
        subsection (b)--
                  (A) the land shall not be subject to any 
                Federal restriction on alienation; and
                  (B) notwithstanding any provision to the 
                contrary in the constitution, bylaws, or 
                charter of the Tribe, the Act of May 11, 1938 
                (commonly known as the ``Indian Mineral Leasing 
                Act of 1938'') (25 U.S.C. 396a et seq.), the 
                Indian Mineral Development Act of 1982 (25 
                U.S.C. 2101 et seq.), section 2103 of the 
                Revised Statutes (25 U.S.C. 81), or section 
                2116 of the Revised Statutes (25 U.S.C. 177), 
                or any other law, no purchase, grant, lease, or 
                other conveyance of the land (or any interest 
                in the land), and no exploration, development, 
                or other agreement relating to the land that is 
                authorized by resolution by the governing body 
                of the Tribe, shall require approval by the 
                Secretary of the Interior or any other Federal 
                official.

                                
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