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“TECHNICAL CORRECTIONS IN LAWS RELATING TO NATIVE AMERICANS” mentioning the Department of Interior was published in the House of Representatives section on pages H763-H765 on Jan. 23, 1996.
The publication is reproduced in full below:
TECHNICAL CORRECTIONS IN LAWS RELATING TO NATIVE AMERICANS
Mr. GALLEGLY. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2726) to make certain technical corrections in laws relating to Native Americans, and for other purposes, as amended.
The Clerk read as follows:
H.R. 2726
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. CORRECTION TO POKAGON RESTORATION ACT.
Section 9 of the Act entitled ``An Act to restore Federal services to the Pokagon Band of Potawatomi Indians'' (25 U.S.C. 1300j-7a) is amended--
(1) by striking ``Bands'' each place it appears and inserting ``Band'';
(2) in subsection (a), by striking ``respective''; and
(3) in subsection (b)--
(A) in paragraph (1)--
(i) in the first sentence--
(I) by striking ``membership rolls that contain'' and inserting ``a membership roll that contains''; and
(II) by striking ``in such'' and inserting ``in the''; and
(ii) in the second sentence, by striking ``Each such'' and inserting ``The'';
(B) in paragraph (2)--
(i) by striking ``rolls have'' and inserting ``roll has''; and
(ii) by striking ``such rolls'' and inserting ``such roll'';
(C) in the heading for paragraph (3), by striking ``rolls'' and inserting ``roll''; and
(D) in paragraph (3), by striking ``rolls are maintained'' and inserting ``roll is maintained''.
SEC. 2. CORRECTION TO ODAWA AND OTTAWA RESTORATION ACT.
(a) Reaffirmation of Rights.--The heading of section 5(b) of the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act (25 U.S.C. 1300k-3) is amended by striking ``Tribe'' and inserting ``Bands''.
(b) Membership List.--Section 9 of the Little Traverse Bay Bands of Odawa and the Little River Band of Ottawa Indians Act (25 U.S.C. 1300k-7) is amended--
(1) in subsection (a)--
(A) by striking ``Band'' the first place it appears and inserting ``Bands''; and
(B) by striking ``the Band.'' and inserting ``the respective Bands.''; and
(2) in subsection (b)(1)--
(A) in the first sentence, by striking ``the Band shall submit to the Secretary membership rolls that contain the names of all individuals eligible for membership in such Band'' and inserting ``each of the Bands shall submit to the Secretary a membership roll that contains the names of all individuals that are eligible for membership in such Band''; and
(B) in the second sentence, by striking ``The Band, in consultation'' and inserting ``Each such Band, in consultation''.
SEC. 3. INDIAN DAMS SAFETY ACT OF 1994.
Section 4(h) of the Indian Dams Safety Act of 1994 (25 U.S.C. 3803(h); 108 Stat. 1562) is amended by striking
``(under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))), as amended,'' and inserting ``under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)''.
SEC. 4. PASCUA YAQUI INDIANS OF ARIZONA.
Section 4(b) of the Act entitled ``An Act to provide for the extension of certain Federal benefits, services, and assistance to the Pascua Yaqui Indians of Arizona, and for other purposes'' (25 U.S.C. 1300f-3(b)) is amended by striking ``Pascua Yaqui tribe'' and inserting ``Pascua Yaqui Tribe''.
SEC. 5. INDIAN LANDS OPEN DUMP CLEANUP ACT OF 1994.
Section 3(7) of the Indian Lands Open Dump Cleanup Act of 1994 (25 U.S.C. 3902(7); 108 Stat. 4165) is amended by striking ``under section 6944 of the Solid Waste Disposal Act
(42 U.S.C. 6941 et seq.)'' and inserting ``under section 4004 of the Solid Waste Disposal Act (42 U.S.C. 6944)''.
SEC. 6. AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM ACT OF
1994.
(a) Maintenance of Records.--Section 303(c)(5)(D) of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4043(c)(5)(D); 108 Stat. 4247) is amended by striking
``made under paragraph (3)(B)'' and inserting ``made under subparagraph (C)''.
(b) Advisory Board.--Section 306(d) of the Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4046(d); 108 Stat. 4249) is amended by striking ``Advisory Board'' and inserting ``advisory board''.
SEC. 7. INDIAN SELF-DETERMINATION CONTRACT REFORM ACT OF
1994.
Section 102(11) of the Indian Self-Determination Contract Reform Act of 1994 (108 Stat. 4254) is amended by striking
``subsection (e)'' and inserting ``subsection (e) of section 105''.
SEC. 8. AUBURN INDIAN RESTORATION.
(a) Economic Development.--Section 203 of the Auburn Indian Restoration Act (25 U.S.C. 1300l-1) is amended--
(1) in subsection (a)(2), by striking ``as provided in section 107'' and inserting ``as provided in section 207''; and
(2) in subsection (b), by striking ``section 104'' and inserting ``section 204''.
(b) Interim Government.--The last sentence of section 206 of the Auburn Indian Restoration Act (25 U.S.C. 1300l-4) is amended by striking ``Interim council'' and inserting
``Interim Council''.
SEC. 9. CROW BOUNDARY SETTLEMENT ACT OF 1994.
(a) Enforcement.--Section 5(b)(3) of the Crow Boundary Settlement Act of 1994 (25 U.S.C. 1776c(b)(3); 108 Stat. 4636) is amended by striking ``provisions of subsection (b)'' and inserting ``provisions of this subsection''.
(b) Applicability.--Section 9(a) of the Crow Boundary Settlement Act of 1994 (25 U.S.C. 1776g(a); 108 Stat. 4640) is amended by striking ``The Act'' and inserting ``This Act''.
(c) Escrow Funds.--Section 10(b) of the Crow Boundary Settlement Act of 1994 (25 U.S.C. 1776h(b); 108 Stat. 4641) is amended by striking ``(collectively referred to in this subsection as the `Suspension Accounts')'' and inserting
``(collectively referred to in this section as the
`Suspension Accounts')''.
SEC. 10. TLINGIT AND HAIDA STATUS CLARIFICATION ACT.
The first sentence of section 205 of the Tlingit and Haida Status Clarification Act (25 U.S.C. 1215) is amended by striking ``Indian tribes'' and inserting ``Indian Tribes''.
SEC. 11. NATIVE AMERICAN LANGUAGES ACT.
Section 103 of the Native American Languages Act (25 U.S.C. 2902) is amended--
(1) in paragraph (2), by striking ``under section 5351(4) of the Indian Education Act of 1988 (25 U.S.C. 2651(4))'' and inserting ``under section 9161(4) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881(4))''; and
(2) in paragraph (3), by striking ``section 4009 of Public Law 100-297 (20 U.S.C. 4909)'' and inserting ``section 9212(1) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7912(1))''.
SEC. 12. PONCA RESTORATION ACT.
Section 5 of the Ponca Restoration Act (25 U.S.C. 983c) is amended--
(1) by inserting ``Sarpy, Burt, Platte, Stanton, Holt, Hall, Wayne,'' before ``Knox''; and
(2) by striking ``or Charles Mix County'' and inserting ``, Woodbury or Pottawattomie Counties of Iowa, or Charles Mix County''.
SEC. 13. REVOCATION OF CHARTER OF INCORPORATION OF THE
MINNESOTA CHIPPEWA TRIBE UNDER THE INDIAN
REORGANIZATION ACT.
The request of the Minnesota Chippewa Tribe to surrender the charter of incorporation issued to that tribe on September 17, 1937, pursuant to section 17 of the Act of June 18, 1934, commonly known as the ``Indian Reorganization Act''
(48 Stat. 988, chapter 576; 25 U.S.C. 477) is hereby accepted and that charter of incorporation is hereby revoked.
SEC. 14. ADVISORY COUNCIL ON CALIFORNIA INDIAN POLICY ACT OF
1992.
Section 5(6) of the Advisory Council on California Indian Policy Act of 1992 (106 Stat. 2133; 25 U.S.C. 651 note) is amended by striking ``18 months'' and inserting ``36 months''.
SEC. 15. IN-LIEU FISHING SITE TRANSFER AUTHORITY.
Section 401 of Public Law 100-581 (102 Stat. 2944-2945) is amended by adding at the end the following new subsection:
``(g) The Secretary of the Army is authorized to transfer funds to the Department of the Interior to be used for purposes of the continued operation and maintenance of sites improved or developed under this section.''.
SEC. 16. ADOLESCENT TRANSITIONAL LIVING FACILITY.
Notwithstanding any other provision of law, any funds that were provided to the Ponca Indian Tribe of Nebraska for any of the fiscal years 1992 through 1995, and that were retained by that Indian tribe, pursuant to a self-determination contract with the Secretary of Health and Human Services that the Indian tribe entered into under section 102 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450f) to carry out programs and functions of the Indian Health Service may be used by that Indian tribe to acquire, develop, and maintain a transitional living facility for adolescents, including land for that facility.
[[Page H764]]
SEC. 17. EXPENDITURE OF MESCALERO APACHE TRIBE JUDGMENT
FUNDS.
Notwithstanding any other provision of law, or any distribution plan approved pursuant to the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.), the Secretary of the Interior may reprogram, in accordance with the Resolutions, approved by the Mescalero Apache Tribal Council on January 24, 1995, any and all remaining funds (principal and interest accounts) regarding specific changes in the Secretarial Plans for the use of the funds in Docket Nos. 22-G, 30, 48, 30-A, and 48-A, awarded in satisfaction of the judgments by the Indian Claims Commission.
SEC. 18. ESTABLISHMENT OF A BAND ROLL.
Section 5(d)(2) of the Lac Vieux Desert Band of Lake Superior Chippewa Indians Act (25 U.S.C. 1300h-3(d)(2); 102 Stat. 1578) is amended--
(1) by inserting ``and base roll'' after ``requirement''; and
(2) by striking ``modification is'' and inserting
``modifications are''.
SEC. 19. OPTION TO INCORPORATE SELF-DETERMINATION PROVISIONS
INTO SELF-GOVERNANCE.
Section 403 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458cc) is amended by adding the following new subsection:
``(l) Incorporate Self-Determination Provisions.--At the option of a participating tribe or tribes, any or all provisions of title I of this Act shall be made part of an agreement entered into under title III of this Act or this title. The Secretary is obligated to include such provisions at the option of the participating tribe or tribes. If such provision is incorporated it shall have the same force and effect as if set out in full in title III or this title.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from California [Mr. Gallegly] and the gentleman from American Samoa [Mr. Faleomavaega] will each be recognized for 20 minutes.
The Chair recognizes the gentleman from California [Mr. Gallegly].
Mr. GALLEGLY. Mr. Speaker, I yield myself such time as I may consume.
(Mr. GALLEGLY asked and was given permission to revise and extend his remarks.)
Mr. GALLEGLY. Mr. Speaker, H.R. 2726 contains 19 sections which I will try to summarize briefly.
The first 11 sections make various technical corrections to existing Indian-related statutes. Typographical errors are corrected, words are capitalized, and so forth.
Section 12 modifies the service area of the Ponca Indian Tribe to include Indians living in certain counties near its reservation;
Section 13 accepts the surrender of an unused tribal charter of incorporation;
Section 14 extends the term of the Advisory Council on California Indian Policy;
Section 15 grants authority to the Army Corps of Engineers to provide funding to the Department of the Interior for the operation and maintenance of certain in lieu fishing access sites which have been constructed;
Section 16 provides authority to the Ponca Indian Tribe to utilize funds to acquire, develop, and maintain a transitional living facility for Indian adolescents;
Section 17 provides authority to the Secretary of the Interior to reprogram certain funds, awarded to the Mescalero Apache Tribe, as requested by the Tribe;
Section 18 provides to the Lac Vieux Desert Band of Lake Superior Chippewa Indians authority to amend its base membership roll; and
Section 19 amends the Indian Self-Determination and Education Assistance Act to provide that participating tribes may elect to include, in Title III and Title IV Self-Governance compacts, any or all provisions of Title I, which deals with Public Law 93-638 contracts.
In conclusion, Mr. Speaker, let me point out that the other body has passed and sent to us legislation quite similar to H.R. 2726. The Committee on Resources marked up and reported H.R. 2726 to the floor by unanimous vote.
I recommend a favorable vote on H.R. 2726.
Mr. Speaker. I reserve the balance of my time.
Mr. FALEMOVAEGA. Mr. Speaker, I yield myself such time as I may consume.
(Mr. FALEMOVAEGA asked and was given permission to revise and extend his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, again in the spirit of bipartisanship, I commend my good friend, the gentleman from California [Mr. Gallegly], chairman of the subcommittee, for bringing this bill to the floor.
Mr. Speaker, the bill before us today, H.R. 2726, contains 19 technical amendments that, for the most part, correct grammatical oversights or incorrect statutory references in Indian-related laws.
I would like to note two of the changes made by this bill. The first, contained in section 19, will make it easier for Indian tribes to carry out Self-Goverance compacts under the Indian Self-Determination Act. Mr. Speaker, the Indian Self-Determination Act is one of the most important acts passed by Congress for Indians and has enabled tribes to carry out governmental activities and become more self-sufficient. The second change is contained in section 14, which extends by 18 months the life of the Advisory Council of California Indian Policy, a body created through legislation sponsored by the ranking member of the Committee on Resources, the gentleman from California, George Miller.
I would like to commend my colleague, Chairman Gallegly and his staff for their work on this bill. I have always been proud of the fact that both sides of our committee have always worked together on Indian issues. I am sure that we will continue to do so in the future.
The Self-Governance amendment, which has been requested and is supported by the Indian tribes, would correct an oversight in last year's amendments to the Self-Governance program.
Last year, Congress chose to respond to the six-year resistance of the Bureau of Indian Affairs and the Indian Health Service to streamlining the ``638'' contracting process by amending the Indian Self-Determination and Education Assistance Act. The 1994 amendments further streamlining the ``638'' contracting and made permanent the Self-Governance program. The 1994 amendments also required the agencies to negotiate new regulations by mid 1996 with the Indian tribes to carry out the amendments.
Since the passage of the 1994 Amendments, however, the Departments of the Interior and Health and Human Services have not interpreted and implemented all portions of the Act in accordance with Congressional intent.
Specifically, the two departments have taken the position that certain beneficial provisions of Title I, governing Self-Determination or ``638'' contracts, may not be included in Title III or IV Self-
Governance compacts and annual funding agreements. In addition, the position of the two departments has not always been consistent, so that in certain instances, one department has permitted inclusion of a Self-
Governance clause reflective of a Title I provision while the other has not.
Mr. Speaker, the result has been an inconsistent treatment of Self-
Governance issues by the two Departments, and the denial to Self-
Governance tribes of the substantial advantages afforded to the tribes under Title I of the Indian Self-Determination Act. This is troubling, since it has always been the intent of Congress that the Self-
Governance initiative should be at least as broad and favorable to the tribes as the original Title I contracting mechanism.
The amendment, which has been requested by the tribes and is supported by them, would allow tribes to incorporate the beneficial provisions of Title I of the Indian Self-Determination Act into Self-
Governance compacts.
Mr. Speaker, the amendment allows Self-Governance tribes to take advantage of the benefits extended to 638 contracting tribes. These advantages include--the ability to prepare annual audits pursuant to the Single Audit Act, using Indian preference in hiring, carryover prior year funding, coverage under the Federal Tort Claims Act, access to technical assistance grants, access to federal sources of supply, affords comparable rental rates for housing in Alaska, incorporation of 638 contract support cost provisions, protections against agency funding reductions, use of more flexible cost accounting procedures, incorporation of title I contract disputes procedures, limitation of costs provisions, applicability of Prompt Payment Act, authority to acquire excess Federal property, access to GSA screener IDs, use of interagency motor pool vehicles, and the Federal Tort Claims Act.
The Government (basically IHS counsel) has taken the position that Congress did not apply these provisions in title I explicitly enough to titles III and IV. The Congress and the tribes disagree, but since the IHS has no real objection to them actually applying a technical amendment seemed like the proper thing to do.
I want to commend the committee staff members on both sides of the aisle for this hard work.
Mr. Speaker, I urge my colleagues to support this bill, and I yield back the balance of my time.
Mr. GALLEGLY. Mr. Speaker, I yield myself the balance of my time.
In conclusion, I would just like to again thank my good friend, the gentleman from American Samoa [Mr. Faleomavaega]. I think today is a real testimony on both of the bills we have brought to the floor as to how well we have worked together in a bipartisan way. In fact it appears that about the most controversial problems we have had is the way we pronounce each other's last name.
Mr. FALEOMAVAEGA. Mr. Speaker, will the gentleman yield?
Mr. GALLEGLY. I yield to the gentleman from American Samoa.
Mr. FALEOMAVAEGA. Mr. Speaker, I would like to note the gentleman's remarks. It is true that it seems as if some of our colleagues have always had a very difficult time in pronouncing our names, but in spite of all of that, I think more importantly to commend the gentleman again in bringing this kind of legislation in a spirit of bipartisanship that I sure hope that in the coming weeks and months perhaps our other colleagues could better exemplify the true spirit of how legislation could be passed, in the spirit of cooperation, and the spirit of resolving the problems and not be part of the problem.
Again I commend my good friend from California for bringing this bill. I hope we will continue to pass more legislation in the same spirit as we have done in these two pieces of legislation. I thank the gentleman for yielding.
Mr. GALLEGLY. I thank the gentleman for his kind comments. Perhaps the gentleman from American Samoa [Mr. Faleomavaega] and I should hold some seminars. Maybe this body would work a lot better.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the gentleman from California [Mr. Gallegly] that the House suspend the rules and pass the bill, H.R. 2726, as amended.
The question was taken.
Mr. GALLEGLY. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.
The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the Chair's prior announcement, further proceedings on this motion will be postponed.
The point of no quorum is considered withdrawn.
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