“TEXT OF AMENDMENTS” published by the Congressional Record on June 1, 2004

“TEXT OF AMENDMENTS” published by the Congressional Record on June 1, 2004

ORGANIZATIONS IN THIS STORY

Volume 150, No. 74 covering the 2nd Session of the 108th Congress (2003 - 2004) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the Senate section on pages S6291-S6295 on June 1, 2004.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 3251. Mr. TALENT submitted an amendment intended to be proposed by him to the bill S. 2400, to authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Services, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title X, add the following:

SEC. 1068. SENSE OF CONGRESS ON AMERICA'S NATIONAL WORLD WAR

I MUSEUM.

(a) Findings.--Congress makes the following findings:

(1) The Liberty Memorial Museum in Kansas City, Missouri, was built in 1926 in honor of those individuals who served in World War I in defense of liberty and the Nation.

(2) The Liberty Memorial Association, a nonprofit organization which originally built the Liberty Memorial Museum, is responsible for the finances, operations, and collections management of the Liberty Memorial Museum.

(3) The Liberty Memorial Museum is the only public museum in the Nation that exists for the exclusive purpose of interpreting the experiences of the United States and its allies in the World War I years (1914-1918), both on the battlefield and on the home front.

(4) The Liberty Memorial Museum project began after the 1918 Armistice through the efforts of a large-scale, grass-roots civic and fundraising effort by the citizens and veterans of the Kansas City metropolitan area. After the conclusion of a national architectural design competition, ground was broken in 1921, construction began in 1923, and the Liberty Memorial Museum was opened to the public in 1926.

(5) In 1994, the Liberty Memorial Museum closed for a massive restoration and expansion project. The restored museum reopened to the public on Memorial Day, 2002, during a gala rededication ceremony.

(6) Exhibits prepared for the original museum buildings presaged the dramatic, underground expansion of core exhibition gallery space, with over 30,000 square feet of new interpretive and educational exhibits currently in development. The new exhibits, along with an expanded research library and archives, will more fully utilize the many thousands of historical objects, books, maps, posters, photographs, diaries, letters, and reminiscences of World War I participants that are preserved for posterity in the Liberty Memorial Museum's collections. The new core exhibition is scheduled to open on Veterans Day, 2006.

(7) The City of Kansas City, the State of Missouri, and thousands of private donors and philanthropic foundations have contributed millions of dollars to build and later to restore this national treasure. The Liberty Memorial Museum continues to receive the strong support of residents from the States of Missouri and Kansas and across the Nation.

(8) Since the restoration and rededication of 2002, the Liberty Memorial Museum has attracted thousands of visitors from across the United States and many foreign countries.

(9) There remains a need to preserve in a museum setting evidence of the honor, courage, patriotism, and sacrifice of those Americans who offered their services and who gave their lives in defense of liberty during World War I, evidence of the roles of women and African Americans during World War I, and evidence of other relevant subjects.

(10) The Liberty Memorial Museum seeks to educate a diverse group of audiences through its comprehensive collection of historical materials, emphasizing eyewitness accounts of the participants on the battlefield and the home front and the impact of World War I on individuals, then and now. The Liberty Memorial Museum continues to actively acquire and preserve such materials.

(11) A great opportunity exists to use the invaluable resources of the Liberty Memorial Museum to teach the

``Lessons of Liberty'' to the Nation's schoolchildren through on-site visits, classroom curriculum development, distance learning, and other educational initiatives.

(12) The Liberty Memorial Museum should always be the Nation's museum of the national experience in the World War I years (1914-1918), where people go to learn about this critical period and where the Nation's history of this monumental struggle will be preserved so that generations of the 21st century may understand the role played by the United States in the preservation and advancement of democracy, freedom, and liberty in the early 20th century.

(13) This initiative to recognize and preserve the history of the Nation's sacrifices in World War I will take on added significance as the Nation approaches the centennial observance of this event.

(14) It is fitting and proper to refer to the Liberty Memorial Museum as ``America's National World War I Museum''.

(b) Sense of Congress.--Congress--

(1) recognizes the Liberty Memorial Museum in Kansas City, Missouri, including the museum's future and expanded exhibits, collections, library, archives, and educational programs, as ``America's National World War I Museum'';

(2) recognizes that the continuing collection, preservation, and interpretation of the historical objects and other historical materials held by the Liberty Memorial Museum enhance the knowledge and understanding of the Nation's people of the American and allied experience during the World War I years (1914-1918), both on the battlefield and on the home front;

(3) commends the ongoing development and visibility of

``Lessons of Liberty'' educational outreach programs for teachers and students throughout the Nation; and

(4) encourages the need for present generations to understand the magnitude of World War I, how it shaped the Nation, other countries, and later world events, and how the sacrifices made then helped preserve liberty, democracy, and other founding principles for generations to come.

______

SA 3252. Mr. ALLARD submitted an amendment intended to be proposed by him to the bill S. 2400, to authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Services, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title XXVIII, add the following:

SEC. 2844. TREATMENT OF PROCEEDS OF SALE OF REAL PROPERTY AT

ROCKY MOUNTAIN ARSENAL, COLORADO, DISPOSED OF

FOR COMMERCIAL, HIGHWAY, OR OTHER PUBLIC USE.

Section 5(c) of the Rocky Mountain Arsenal National Wildlife Refuge Act of 1992 (Public Law 102-402; 106 Stat. 1966; 16 U.S.C. 668dd note) is amended by striking paragraph

(2) and inserting the following new paragraphs:

``(2) Any amounts realized by the United States upon the sale of property as described in paragraph (1) shall be transferred to the National Fish and Wildlife Foundation for use in constructing a visitor center and an environmental education center for the refuge.

``(3) The use by the Foundation of amounts transferred to the Foundation under paragraph (2) shall be subject to the following:

``(A) Applicable provisions of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.), except that such use shall not be subject to section 10(a) of such Act (16 U.S.C. 3709(a)).

``(B) Such terms and conditions as the Foundation and the United States Fish and Wildlife Service shall jointly agree upon with respect to the construction of the visitor center and the environmental education center.

``(4) If the amount transferred to the Foundation under paragraph (2) is excess to the amount required for the construction of the visitor center and the environmental education center, the Foundation shall use the amount of the excess to pay costs associated with the operation and maintenance of the centers.''.

______

SA 3253. Mr. ALLARD (for himself and Mr. Pryor) submitted an amendment intended to be proposed by him to the bill S. 2400, to authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Services, and for other purposes; which was ordered to lie on the table; as follows:

On page 84, between the matter following line 13 and line 14, insert the following:

SEC. 535. QUALIFICATIONS FOR APPOINTMENT AS DEAN OF THE

FACULTY AT THE UNITED STATES AIR FORCE ACADEMY.

Section 9335(a) of title 10, United States Code, is amended by inserting before the period at the end of the second sentence the following: ``, except that, if the Dean is not an officer of the Air Force on active duty, the Dean shall be a retired officer or former officer of the Air Force, and a person may not be appointed or assigned as Dean unless that person holds the highest academic degree in that person's academic field''.

______

SA 3254. Mr. ALLARD (for himself and Mr. Pryor) submitted an amendment intended to be proposed by him to the bill S. 2400, to authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Services, and for other purposes; which was ordered to lie on the table; as follows:

On page 84, between the matter following line 13 and line 14, insert the following:

SEC. 535. REPEAL OF REQUIREMENT FOR OFFICER TO RETIRE UPON

TERMINATION OF SERVICE AS SUPERINTENDENT OF THE

AIR FORCE ACADEMY.

(a) Repeals.--Sections 8921 and 9333a of title 10, United States Code, are repealed.

(b) Clerical Amendments.--Subtitle D of title 10, United States Code, is amended--

(1) in the table of sections at the beginning of chapter 867, by striking the item relating to section 8921; and

(2) in the table of sections at the beginning of chapter 903, by striking the item relating to section 9333a.

______

SA 3255. Mr. SARBANES (for himself and Ms. Mikulski) submitted an amendment intended to be proposed by him to the bill S. 2400, to authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Services, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title III, insert the following:

SEC. 353. SENSE OF THE SENATE REGARDING RESIDENTIAL

COMMUNITIES INITIATIVE.

(a) Findings.--The Senate finds the following:

(1) There are approximately 750,000 school-aged children of members of the active duty Armed Forces in the United States.

(2) Approximately 650,000 of those students are currently being served in public schools across the United States.

(3) The Department of the Army has embarked on a housing initiative, the Residential Communities Initiative, which will result in 70,770 new family housing units at 34 installations and a corresponding increase in the number of school-aged children housed at those installations.

(4) The Secretary of the Army is authorized to include new school facilities in privatized housing contracts; however, the Secretary of the Army has not been using this authority to its fullest advantage. As a result, local educational agencies are being severely impacted by increased student-age populations.

(5) Local educational agencies are struggling under increasing financial burdens as a result of State budget cuts that have reduced the rate of growth for education spending to its lowest point since the 1990-1991 recession and this burden is exacerbated by a stagnate Federal education budget that actually cuts total education funding in fiscal year 2006 through fiscal year 2009 by $5,000,000.

(b) Sense of the Senate.--It is the sense of the Senate that the Department of the Army should support, through a dedicated fund, the construction of schools in local educational agencies whose student populations are severely impacted by housing developed through the Residential Communities Initiative.

______

SA 3256. Mr. CAMPBELL submitted an amendment intended to be proposed by him to the bill S. 1955, to make technical corrections to laws relating to Native Americans, and for other purposes; which was ordered to lie on the table; as follows:

In lieu of the matter proposed to be inserted, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Native American Technical Corrections Act of 2004''.

(b) Table of Contents.--The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definition of Secretary.

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

AMERICANS

Sec. 101. National Fund for Excellence in American Indian Education.

Sec. 102. Indian Financing Act Amendments.

Sec. 103. Indian tribal justice technical and legal assistance.

Sec. 104. Tribal justice systems.

Sec. 105. Crow Tribal Trust Fund.

Sec. 106. ANCSA amendment.

Sec. 107. Washoe Tribe of Nevada and California land conveyance.

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

Sec. 201. Short title.

Sec. 202. Findings.

Sec. 203. Definitions.

Sec. 204. Distribution of judgment funds.

Sec. 205. Applicable law.

TITLE III--INDIAN LAND LEASING

Sec. 301. Authorization of 99-year leases.

Sec. 302. Certification of rental proceeds.

Sec. 303. Montana Indian Tribes; agreement with Dry Prairie Rural Water

Association, Incorporated.

Sec. 304. Authorization of leases of restricted land for terms of 99 years.

TITLE IV--NAVAJO HEALTH CONTRACTING

Sec. 401. Navajo health contracting.

SEC. 2. DEFINITION OF SECRETARY.

In this Act, the term ``Secretary'' means the Secretary of the Interior.

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

AMERICANS

SEC. 101. NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN

EDUCATION.

Title V of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458bbb) is amended--

(1) by striking the title heading and inserting the following:

``TITLE V--NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN EDUCATION'';

(2) in section 501 (25 U.S.C. 458bbb)--

(A) by striking the section heading and inserting the following:

``SEC. 501. NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN

EDUCATION.'';

and

(B) in subsection (a), by striking ``the American Indian Education Foundation'' and inserting ``a foundation to be known as the `National Fund for Excellence in American Indian Education' ''; and

(3) in section 503(2) (25 U.S.C. 458bbb-2(2)), by striking

``Foundation'' the second place it appears and inserting

``National Fund for Excellence in American Indian Education''.

SEC. 102. INDIAN FINANCING ACT AMENDMENTS.

(a) Loan Guaranties and Insurance.--Section 201 of the Indian Financing Act of 1974 (25 U.S.C. 1481) is amended--

(1) by striking ``the Secretary is authorized (a) to guarantee'' and inserting ``the Secretary may--

``(1) guarantee'';

(2) by striking ``Indians; and (b) in lieu of such guaranty, to insure'' and inserting ``Indians; or

``(2) to insure'';

(3) by striking ``Sec. 201. In order'' and inserting the following:

``SEC. 201. LOAN GUARANTIES AND INSURANCE.

``(a) In General.--In order''; and

(4) by adding at the end the following:

``(b) Eligible Borrowers.--The Secretary may guarantee or insure loans under subsection (a) to both for-profit and nonprofit borrowers.''.

(b) Loan Approval.--Section 204 of the Indian Financing Act of 1974 (25 U.S.C. 1484) is amended by striking ``Sec. 204.'' and inserting the following:

``SEC. 204. LOAN APPROVAL.''.

(c) Loans Ineligible for Guaranty or Insurance.--Section 206 of the Indian Financing Act of 1974 (25 U.S.C. 1486) is amended by striking ``Internal Revenue Code of 1954, as amended,'' and inserting ``Internal Revenue Code of 1986

(except loans made by certified Community Development Finance Institutions)''.

(d) Aggregate Loans or Surety Bonds Limitation.--Section 217(b) of the Indian Financing Act of 1974 (25 U.S.C. 1497(b)) is amended by striking ``$500,000,000'' and inserting ``$1,500,000,000''.

SEC. 103. INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL

ASSISTANCE.

Sections 106 and 201(d) of the Indian Tribal Justice Technical and Legal Assistance Act (25 U.S.C. 3666, 3681(d)) are amended by striking ``for fiscal years 2000 through 2004'' and inserting ``for fiscal years 2004 through 2010''.

SEC. 104. TRIBAL JUSTICE SYSTEMS.

Subsections (a), (b), (c), and (d) of section 201 of the Indian Tribal Justice Act (25 U.S.C. 3621) are amended by striking ``2007'' and inserting ``2010''.

SEC. 105. CROW TRIBAL TRUST FUND.

Section 6(d) of the Crow Boundary Settlement Act of 1994

(25 U.S.C. 1776d(d)), is amended--

(1) in the subsection heading, by inserting ``and Capital Gains'' after ``Interest'';

(2) in paragraph (1), by striking ``Only'' and inserting

``Except as provided in paragraph (4), only''; and

(3) by adding at the end the following:

``(4) Distribution of capital gains.--Notwithstanding subsection (f) or any other provision of law, capital gains and any other noninterest 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.''.

SEC. 106. ANCSA AMENDMENT.

All land and interests in land in the State of Alaska conveyed by the Federal Government under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) to a Native Corporation and reconveyed by that Native Corporation, or a successor in interest, in exchange for any other land or interest in land in the State of Alaska and located within the same region (as defined in section 9(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1608(a)), to a Native Corporation under an exchange or other conveyance, shall be deemed, notwithstanding the conveyance or exchange, to have been conveyed pursuant to that Act.

SEC. 107. WASHOE TRIBE OF NEVADA AND CALIFORNIA LAND

CONVEYANCE.

Section 2 of Public Law 108-67 (117 Stat. 880) is amended by striking ``the parcel'' and all that follows and inserting

``a portion of Lots 3 and 4, as shown on the United States and Encumbrance Map revised January 10, 1991, for the Toiyabe National Forest, Ranger District Carson -1, located in the S\1/2\ of NW\1/4\ and N\1/2\ of SW\1/4\ of the SE\1/4\ of sec. 27, T. 15N, R. 18E, Mt. Diablo Base and Meridian, comprising 24.3 acres.''.

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

SEC. 201. SHORT TITLE.

This title may be cited as the ``Assiniboine and Sioux Tribes of the Fort Peck Reservation Judgment Fund Distribution Act of 2004''.

SEC. 202. FINDINGS.

Congress finds that--

(1) on December 18, 1987, the Assiniboine and Sioux Tribes of the Fort Peck Reservation and 5 individual Fort Peck tribal members filed a complaint in the United States Claims Court (currently the Court of Federal Claims) in the case of Assiniboine and Sioux Tribes of the Fort Peck Reservation v. United States of America, Docket No. 773-87-L, to recover interest earned on trust funds while those funds were held in special deposit accounts and Indian Moneys-Proceeds of Labor accounts;

(2) the Court held that the United States was liable for any income derived from investment of the trust funds of the Tribe and individual members of the Tribe for the period during which those funds were held in special deposit accounts and Indian Moneys-Proceeds of Labor accounts;

(3) on December 31, 1998, the plaintiffs entered into a settlement with the United States for claims made in the case for payment by the United States of--

(A) $1,339,415.33, representing interest earned on funds while held in special deposit accounts at the Fort Peck Agency during the period August 13, 1946, through September 30, 1981;

(B) $2,749,354.41, representing--

(i) interest on the principal indebtedness for the period from August 13, 1946, through July 31, 1998; plus

(ii) $364.27 in per diem interest on the principal indebtedness for each day during the period commencing August 1, 1998, and ending on the date on which the judgment is paid; and

(C) $350,000, representing the litigation costs and attorney's fees that the Tribe incurred to prosecute the claims;

(4) the terms of the settlement were approved by the Court on January 8, 1999, and judgment was entered on January 12, 1999;

(5) on March 18, 1999, $4,522,551.84 was transferred to the Department of the Interior;

(6) that judgment amount was deposited in an escrow account established to provide--

(A) $350,000 for the payment of attorney's fees and expenses; and

(B) $4,172,551.84 for pending Court-ordered distribution to the Tribe and individual Indian trust beneficiaries;

(7) on January 31, 2001, the Court approved a joint stipulation that established procedures for--

(A) identification of the class of individual Indians having an interest in the judgment;

(B) notice to and certification of that class; and

(C) the distribution of the judgment amount to the Tribe and affected class of individual Indians;

(8)(A) on or about February 14, 2001, in accordance with the Court-approved stipulation, $643,186.73 was transferred to an account established by the Secretary for the benefit of the Tribe; and

(B) that transferred amount represents--

(i) 54.2 percent of the Tribe's estimated 26-percent share of the amount referred to in paragraph (6)(B); plus

(ii) 50 percent of the Tribe's estimated 26-percent share of interest and capital gains earned on the judgment amount from the period beginning March 18, 1999, and ending on December 31, 2000;

(9) under the Court-approved stipulation--

(A) that transferred amount is to remain available for use by the Tribe in accordance with a plan adopted under the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.);

(B) the Tribe will most likely receive additional payments from the distribution amount once the identification of all individuals eligible to share in the distribution amount is completed and the pro rata shares are calculated; and

(C) those additional payments would include--

(i) the balance of the share of the Tribe of the distribution amount and investment income earned on the distribution amount;

(ii) the portion of the distribution amount that represents income derived on funds in special deposit accounts that are not attributable to the Tribe or any individual Indian; and

(iii) the portion of the distribution amount that represents shares attributable to individual Indians that--

(I) cannot be located for purposes of accepting payment; and

(II) will not be bound by the judgment in the case referred to in paragraph (1); and

(10) under the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.), the Secretary is required to submit to Congress for approval an Indian judgment fund use or distribution plan.

SEC. 203. DEFINITIONS.

In this title:

(1) Court.--The term ``Court'' means the Court of Federal Claims.

(2) Distribution amount.--The term ``distribution amount'' means the amount referred to in section 202(6)(B).

(3) Judgment amount.--The term ``judgment amount'' means the amount referred to in section 202(5).

(4) Principal indebtedness.--The term ``principal indebtedness'' means the amount referred to in section 202(3)(A).

(5) Tribe.--The term ``Tribe'' means the Assiniboine and Sioux Tribes of the Fort Peck Reservation.

SEC. 204. DISTRIBUTION OF JUDGMENT FUNDS.

(a) In General.--Notwithstanding any provision of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.), the share of the Tribe of the distribution amount, and such additional amounts as may be awarded to the Tribe by the Court with respect to the case referred to in section 202(1) (including any interest accrued on those amounts)--

(1) shall be made available for tribal health, education, housing, and social services programs of the Tribe, including--

(A) educational and youth programs;

(B) programs for improvement of facilities and housing;

(C) programs to provide equipment for public utilities;

(D) programs to provide medical assistance or dental, optical, or convalescent equipment; and

(E) programs to provide senior citizen and community services; and

(2) shall not be available for per capita distribution to any member of the Tribe.

(b) Budget Specification.--The specific programs for which funds are made available under subsection (a)(1), and the amount of funds allocated to each of those programs, shall be specified in an annual budget developed by the Tribe and approved by the Secretary.

SEC. 205. APPLICABLE LAW.

Except as provided in section 204(a), 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

SEC. 301. AUTHORIZATION OF 99-YEAR LEASES.

(a) In General.--Subsection (a) of the first section of the Act of August 9, 1955 (25 U.S.C. 415(a)), is amended in the second sentence--

(1) by inserting ``the reservation of the Confederated Tribes of the Umatilla Indian Reservation,'' before ``the Burns Paiute Reservation,'';

(2) by inserting ``the'' before ``Yavapai-Prescott'';

(3) by inserting ``the Muckleshoot Indian Reservation and land held in trust for the Muckleshoot Indian Tribe,'' after

``the Cabazon Indian reservation,''.

(4) by striking ``Washington,,'' and inserting

``Washington,'';

(5) by inserting ``lands held in trust for the Fallon Paiute Shoshone Tribes,'' before ``lands held in trust for the Pueblo of Santa Clara''; and

(6) by inserting ``land held in trust for the Yurok Tribe, land held in trust for the Hopland Band of Pomo Indians of the Hopland Rancheria,'' after ``Pueblo of Santa Clara,''.

(b) Effective Date.--The amendments made by subsection (a) shall apply to any lease entered into or renewed after the date of enactment of this Act.

SEC. 302. CERTIFICATION OF RENTAL PROCEEDS.

Notwithstanding any other provision of law, any actual rental proceeds from the lease of land acquired under section 1 of Public Law 91-229 (25 U.S.C. 488) certified by the Secretary of the Interior shall be deemed--

(1) to constitute the rental value of that land; and

(2) to satisfy the requirement for appraisal of that land.

SEC. 303. MONTANA INDIAN TRIBES; AGREEMENT WITH DRY PRAIRIE

RURAL WATER ASSOCIATION, INCORPORATED.

(a) In General.--The Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation (referred to in this section as the ``Tribes'') may, with the approval of the Secretary of the Interior, enter into a lease or other temporary conveyance of water rights recognized under the Fort Peck-Montana Compact (Montana Code Annotated 85-20-201) for the purpose of meeting the water needs of the Dry Prairie Rural Water Association, Incorporated (or any successor entity), in accordance with section 5 of the Fort Peck Reservation Rural Water System Act of 2000 (114 Stat. 1454).

(b) Conditions of Lease.--With respect to a lease or other temporary conveyance described in subsection (a)--

(1) the term of the lease or conveyance shall not exceed 100 years; and

(2)(A) the lease or conveyance may be approved by the Secretary of the Interior without monetary compensation to the Tribes; and

(B) the Secretary of the Interior shall not be subject to liability for any claim or cause of action relating to the compensation or consideration received by the Tribes under the lease or conveyance.

(c) No Permanent Alienation of Water.--Nothing in this section authorizes any permanent alienation of any water by the Tribes.

SEC. 304. AUTHORIZATION OF LEASES OF RESTRICTED LAND FOR

TERMS OF 99 YEARS.

The first section of the Act of August 9, 1955 (25 U.S.C. 415) (as amended by section 3), is amended by adding at the end the following:

``(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 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101)).

``(2) Approval by the secretary.--To the maximum extent practicable under law, 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 270 days after the date on which an application for approval of the lease or lease amendment is submitted to the Secretary.''.

TITLE IV--NAVAJO HEALTH CONTRACTING

SEC. 401. NAVAJO HEALTH CONTRACTING.

The Navajo Health Foundation/Sage Memorial Hospital in Ganado, Arizona, shall be considered to be a tribal contractor under the Indian Self-Determination and Education Assistance Act for the purposes of section 102(d) and subsections (k) and (o) of section 105 of that Act (25 U.S.C. 450f(d), 450j) provided that the Hospital remains the authorized tribal organization (as defined in section 4 of that Act (25 U.S.C. 450b)) of the Navajo Nation.

____________________

SOURCE: Congressional Record Vol. 150, No. 74

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