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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 H8488-H8490 on Sept. 23, 1998.
The publication is reproduced in full below:
TECHNICAL CORRECTIONS IN LAWS RELATING TO NATIVE AMERICANS
Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4068) to make certain technical corrections in laws relating to Native Americans, and for other purposes, as amended.
The Clerk read as follows:
H.R. 4068
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. AUTHORIZATION FOR 99-YEAR LEASES.
The second sentence of subsection (a) of the first section of the Act entitled ``An Act to authorize the leasing of restricted Indian lands for public, religious, educational, recreational, residential, business, and other purposes requiring the grant of long-term leases'', approved August 9, 1955 (25 U.S.C. 415(a)), is amended--
(1) by inserting ``lands held in trust for the Confederated Tribes of the Grand Ronde Community of Oregon,'' after
``lands held in trust for the Cahuilla Band of Indians of California,''; and
(2) by inserting ``the Cabazon Indian Reservation,'' after
``the Navajo Reservation,''.
SEC. 2. GRAND RONDE RESERVATION ACT.
Section 1(c) of the Act entitled ``An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes'', approved September 9, 1988 (25 U.S.C. 713f note; 102 Stat. 1594), is amended--
(1) by striking ``10,120.68 acres of land'' and inserting
``10,311.60 acres of land''; and
(2) by striking all in the table after:
``4 7 30 Lots 3, 4, SW\1/4\NW\1/4\, 240;''
SE\1/4\NE\1/4\, E\1/
2\SW\1/4\
and inserting the following:
``6 8 1 N\1/2\SW\1/4\ 29.59
6 8 12 W\1/2\SW\1/4\NE\1/4\, 21.70
SE\1/4\SW\1/4\NE\1/
4\NW\1/4\, N\1/2\SE\1/
4\NW\1/4\, N\1/2\SW\1/
4\SW\1/4\SE\1/4\
6 8 13 W\1/2\E\1/2\NW\1/4\NW\1/ 5.31
4\
6 7 7 E\1/2\E\1/2\ 57.60
6 7 8 SW\1/4\SW\1/4\NW\1/4\, 22.46
W\1/2\SW\1/4\
6 7 17 NW\1/4\NW\1/4\, N\1/ 10.84
2\SW\1/4\NW\1/4\
6 7 18 E\1/2\NE\1/4\ 43.42
------------------
Total 10,311.60''.
SEC. 3. NAVAJO-HOPI LAND DISPUTE SETTLEMENT ACT.
Section 12 of the Navajo-Hopi Land Dispute Settlement Act of 1996 (110 Stat. 3653) is amended--
(1) in subsection (a)(1)(C), by inserting ``of surface water'' after ``on such lands''; and
(2) in subsection (b), by striking ``subsection (a)(3)'' each place it appears and inserting ``subsection (a)(1)(C)''.
SEC. 4. TREATMENT OF CERTAIN DEMONSTRATION PROJECTS.
(a) In General.--The Secretary of the Interior shall take such action as may be necessary to extend the terms of the projects referred to in section 512 of the Indian Health Care Improvement Act (25 U.S.C. 1660b) so that the term of each such project expires on October 1, 2002.
(b) Amendment to Indian Health Care Improvement Act.--Section 512 of the Indian Health Care Improvement Act (25 U.S.C. 1660b) is amended by adding at the end the following:
``(c) In addition to the amounts made available under section 514 to carry out this section through fiscal year 2000, there are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2001 and 2002.''.
SEC. 5. CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND
SIUSLAW INDIANS RESERVATION ACT.
Section 7(b) of the Coos, Lower Umpqua, and Siuslaw Restoration Act (25 U.S.C. 714e(b)) is amended by adding at the end the following:
``(4) In Lane County, Oregon, a parcel described as beginning at the common corner to sections 23, 24, 25, and 26 township 18 south, range 12 west, Willamette Meridian; then west 25 links; then north 2 chains and 50 links; then east 25 links to a point on the section line between sections 23 and 24; then south 2 chains and 50 links to the place of origin, and containing .062 of an acre, more or less, situated and lying in section 23, township 18 south, range 12 west, of Willamette Meridian.''.
SEC. 6. HOOPA VALLEY RESERVATION BOUNDARY ADJUSTMENT.
Section 2(b) of the Hoopa Valley Reservation South Boundary Adjustment Act (25 U.S.C. 1300i-1 note) is amended--
(1) by striking ``north 72 degrees 30 minutes east'' and inserting ``north 73 degrees 50 minutes east''; and
(2) by striking ``south 15 degrees 59 minutes east'' and inserting ``south 14 degrees 36 minutes east''.
SEC. 7. CLARIFICATION OF SERVICE AREA FOR CONFEDERATED TRIBES
OF SILETZ INDIANS OF OREGON.
Section 2 of the Act entitled ``An Act to establish a reservation for the Confederated Tribes of Siletz Indians of Oregon'', approved September 4, 1980 (25 U.S.C. 711e note; 94 Stat. 1073), is amended by adding at the end the following:
``(c) Subject to the express limitations under sections 4 and 5, for purposes of determining eligibility for Federal assistance programs, the service area of the Confederated Tribes of the Siletz Indians of Oregon shall include Benton, Clackamas, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington, and Yamhill Counties in Oregon.''.
SEC. 8. LOWER SIOUX INDIAN COMMUNITY.
Notwithstanding any other provision of law, the Lower Sioux Indian Community in Minnesota is hereby authorized to sell, convey, and warrant to a buyer, without further approval of the United States, all the Community's interest in the following real property located in Redwood County, Minnesota:
A tract of land located in the Northeast Quarter (NE\1/4\) of Section Five (5), Township One Hundred Twelve (112) North, Range Thirty-five (35) West, County of Redwood and State of Minnesota, described as follows: Commencing at the north quarter corner of Section 5 in Township 112 North, Range 35 West of the 5th Principal Meridian; thence east a distance of 678 feet; thence south a distance of 650 feet; thence South 45 degrees West a distance of 367.7 feet; thence west a distance of 418 feet to a point situated on the north and south quarter line of said Section 5; thence north a distance of 910 feet to the place of beginning, subject to highway easements of record, and containing 13.38 acres, more or less.
Nothing in this section is intended to authorize the Lower Sioux Indian Community in Minnesota to sell any of its lands that are held in trust by the United States.
SEC. 9. FEDERAL TRUST EMPLACEMENT OF TRIBAL LANDS.
The Cow Creek Band of Umpqua Tribe of Indians Recognition Act (25 U.S.C. 712 et seq.) is amended by adding at the end the following new section:
``SEC. 7. CERTAIN PROPERTY TAKEN INTO TRUST.
``The Secretary of the Interior shall accept title to 2000 acres of real property and may accept title to any additional number of acres of real property located in Umpqua River watershed upstream from Scottsburg, Oregon, or the northern slope of the Rogue River watershed upstream from Agness, Oregon, if such real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. The Secretary shall take into trust for the benefit of the Tribe all real property conveyed or otherwise transferred to the United States pursuant to this section. Real property taken into trust pursuant to this section shall become part of the Tribe's reservation. 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.).''.
SEC. 10. AMENDMENTS TO THE JICARILLA APACHE TRIBE WATER
RIGHTS SETTLEMENT ACT.
(a) Section 8(e)(3) of the Jicarilla Apache Tribe Water Rights Settlement Act, as amended by Public Law 104-261, is further amended by striking ``December 31, 1998'' and inserting in lieu thereof ``December 31, 2000''.
(b) The Jicarilla Apache Tribe Water Rights Settlement Act
(Public Law 102-441) is amended by adding at the end the following new section:
``SEC. 12. APPROVAL OF STIPULATION.
``Notwithstanding any other provision of Federal law, including section 2116 of the Revised Statutes (25 U.S.C. 177), the Stipulation and Settlement Agreement, dated October 7, 1997, between the Jicarilla Apache Tribe and other parties to State of New Mexico v. Aragon, No. CIV-7941 JC, U.S. Dist. Ct., D.N.M., approved by the United States District Court in that proceeding, is hereby approved.''.
SEC. 11. SAN LUIS REY INDIAN WATER RIGHTS SETTLEMENT ACT.
Section 105(c) of the San Luis Rey Indian Water Rights Settlement Act (Public Law 100-675; 102 Stat. 4000), as amended by section 117 of the Department of the Interior and Related Agencies Appropriations Act, 1992 (Public Law 102-154; 105 Stat. 1012-1013), is amended--
(1) by inserting ``(1)'' before ``Until''; and
(2) by adding at the end the following new paragraph:
``(2) Notwithstanding paragraph (1), prior to completion of the final settlement and as soon as feasible, the Secretary is authorized and directed to disburse a total of $8,000,000, of which $1,600,000 will go to each of the Bands, from the interest income which has accrued to the Fund. The disbursed funds shall be invested or used for economic development of the Bands, the Bands' reservation land, and their members and may not be used for per capita payments to members of any Band. The United States shall not be liable for any claim or causes of action arising from the Bands' use or expenditure of moneys distributed from the Fund.''.
SEC. 12. NATIVE HAWAIIAN HEALTH SCHOLARSHIP PROGRAM.
(a) Eligibility.--Section 10(a)(1) of the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11709(a)(1)) is amended by striking ``meet the requirements of section 338A of the Public Health Service Act (42 U.S.C. 2541)'' and inserting ``meet the requirements of paragraphs (1), (3), and
(4) of section 338A(b) of the Public Health Service Act (42 U.S.C. 254l(b))''.
(b) Terms and Conditions.--Section 10(b)(1) of the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11709(b)(1)) is amended--
(1) in subparagraph (A), by inserting ``identified in the Native Hawaiian comprehensive health care master plan implemented under section 4'' after ``health care professional'';
(2) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively;
(3) by inserting after subparagraph (A) the following:
``(B) the primary health services covered under the scholarship assistance program under this section shall be the services included under the definition of that term under section 12(8);'';
(4) by striking subparagraph (D), as redesignated, and inserting the following:
``(D) the obligated service requirement for each scholarship recipient shall be fulfilled through the full-time clinical or nonclinical practice of the health profession of the scholarship recipient, in an order of priority that would provide for practice--
``(i) first, in any 1 of the 5 Native Hawaiian health care systems; and
``(ii) second, in--
``(I) a health professional shortage area or medically underserved area located in the State of Hawaii; or
``(II) a geographic area or facility that is--
``(aa) located in the State of Hawaii; and
``(bb) has a designation that is similar to a designation described in subclause (I) made by the Secretary, acting through the Public Health Service;'';
(5) in subparagraph (E), as redesignated, by striking the period and inserting a comma; and
(6) by adding at the end the following:
``(F) the obligated service of a scholarship recipient shall not be performed by the recipient through membership in the National Health Service Corps; and
``(G) the requirements of sections 331 through 338 of the Public Health Service Act (42 U.S.C. 254d through 254k), section 338C of that Act (42 U.S.C. 254m), other than subsection (b)(5) of that section, and section 338D of that Act (42 U.S.C. 254n) applicable to scholarship assistance provided under section 338A of that Act (42 U.S.C. 254l) shall not apply to the scholarship assistance provided under subsection (a) of this section.''.
SEC. 13. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Authorization.--Section 711(h) of the Indian Health Care Improvement Act (25 U.S.C. 1665j(h)) is amended by striking ``of the fiscal years'' and inserting ``of fiscal years''.
(b) Reference.--Section 4(12)(B) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(12)(B)) is amended by striking ``Indian Self-Determination and Education Assistance Act of 1975'' and inserting ``Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)''.
SEC. 14. REPEAL.
Section 326(d)(1) of Public Law 105-83 is repealed and section 1004(a) of Public Law 104-324 is amended by inserting
``sale or'' before ``use''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Alaska (Mr. Young) and the gentleman from American Samoa (Mr. Faleomavaega) each will control 20 minutes.
The Chair recognizes the gentleman from Alaska (Mr. Young).
(Mr. YOUNG of Alaska asked and was given permission to revise and extend his remarks.)
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 4068 would make certain technical corrections in laws relating to Native Americans. This is an extensive bill, and I will be as brief as possible.
It corrects typographical errors in existing laws. It extends the leasing authority to 99 years for the Confederated Tribes of the Grand Ronde Community of Oregon and the Cabazon Indian Reservation. It adds 0.062 acres of land, the driveway to an Indian cemetery, to the Coos, Lower Umpqua and Siuslaw Tribal Reservation. It adjusts the bearings provided for the Hoopa Valley Reservation South Boundary Adjustment Act. It expands the service area of the Confederated Tribes of the Siletz Indians. It authorizes the Lower Sioux Indian Community to sell a 13.38 acre parcel of real property which the tribe owns in fee. It approves the transfer of certain water rights pursuant to the Jicarilla Apache Tribe Water Rights Settlement Act. It amends the Native Hawaiian Health Care Improvement Act to define primary health services covered under the scholarship assistance program.
Finally, there is a section in H.R. 4068 which authorizes the disbursement of certain interest income pursuant to the San Luis Rey Indian Water Rights Settlement Act. The Committee on Resources is concerned about the delay of the implementation of that act.
In conclusion, Mr. Speaker, H.R. 4068 is an important bill for numbers of Indian tribes. It does not pertain to many acres of land, but it does solve a lot of problems that have not been able to be solved, and I urge the passage of the legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. MILLER of California. Mr. Speaker, I yield such time as he may consume to the gentleman from American Samoa (Mr. Faleomavaega).
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, certainly I want to thank the gentleman from Alaska (Mr. Young), the chairman of the Committee on Resources; and the senior democratic ranking member, the gentleman from California (Mr. Miller), for bringing this legislation to the floor.
Mr. Speaker, this is a bill which addresses several technical changes to existing Native American law. These are not exactly glamorous issues: boundary changes to Indian reservations, leasing authority for one of the reservations and placing into trust of additional land for another Native American tribe. There are some questions concerning sections 9 and 14 of this legislation. It is my understanding that the amendments being offered by the gentleman from Alaska (Mr. Young) incorporate changes which address the concerns which have been raised.
Specifically, Section 9 which concerns 2,000 acres of land of the Cow Creek Band of the Umpqua tribe of Indians will prohibit Indian gaming on the land and the prior contents of Section 14, which would have provided tax exemption from Federal and State taxes for certain distribution funds, has been deleted. The new Section 14 addresses a different native Alaskan problem added by the Senate to Coast Guard legislation and concerning the operations of a health clinic.
Again, it is my understanding that all parties concerned with this provision support the language contained in the amendment of the gentleman from Alaska (Mr. Young); and with this bill, Mr. Speaker, I urge my colleagues to support this legislation.
I again thank the gentlemen from Alaska and from California.
Mr. MILLER of California. Mr. Speaker, I yield myself such time as I may consume.
(Mr. MILLER of California asked and was given permission to revise and extend his remarks.)
Mr. MILLER of California. Mr. Speaker, I thank the gentleman from American Samoa (Mr. Faleomavaega), and I rise in strong support of this legislation.
Mr. Speaker. Section 11 of H.R. 4068 authorizes a one-time disbursement of $8,000,000 in interest accrued on the Tribal Development Fund established for the La Jolla, Rincon, San Pasqual, Pauma and Pala Bands of Mission Indians pursuant to section 105 of the San Luis Rey Indian Water Rights Settlement Act of 1988 (P.L. 100-575, 102 Stat. 4000). Each band would receive $1,600,000 for investment and economic development purposes. None of the money could be used for per capita payments to Band member. The section further provides that the United States would be exempt from any liability with regard to any Band's use of the funds after the disbursement.
Full implementation of the San Luis Rey Indian Water Rights Settlement Act is conditioned on the acquisition by the United States of a source of 16,000 acre-feet of supplemental water for the Bands. However, in the decade since enactment of the settlement, no source of supplemental water has been secured, despite good faith efforts by all of the settlement parties. This delay in securing a water supply has been years longer than what the Congress and the settlement parties anticipated when the settlement was enacted.
The delay in implementing the settlement has adversely affected the five Bands. While the non-Indian communities of Vista and Escondido have continued to enjoy the use of low-cost, local water to which the Bands have a claim, the Bands have had the benefit of neither water nor funding for economic development as provided for by the settlement. Under these circumstances, the House Committee on Resources has found that the Bands' request for a one-time, partial disbursement of interest earned on the Development Fund that was establishment for their benefit is reasonable and appropriate. The other settlement parties, including the Department of the Interior, have informed the Committee of their support for the Band's request.
The San Luis Rey Tribal Development Fund was capitalized with approximately $32,000,000 appropriated by the Congress in 1989 by Public Law 101-121. The Fund has since grown to more than $52,000,000. With the distribution authorized by this section, the Fund will retain a balance of more than $44,000,000, which will continue to accrue interest and remain an incentive to the Bands to see the settlement through to full and final implementation.
The Committee on Resources expects that the factors that have prolonged fulfillment of the requirements of the settlement will not persist indefinitely. Accordingly, the Committee urges the Secretary to use the full measure of his authority to secure the acquisition of the supplemental water supply required by the Settlement Act at a cost that will enable its economical use for the benefit of the Bands and the complete implementation of the San Luis Rey Indian Water Rights Settlement.
The Committee on Resources recognizes that the Act's dual command that the Department arrange to obtain or develop not more than 16,000 acre feet per year of supplemental water, without bearing any development costs, has been a major impediment to finalizing the settlement. Nevertheless, the Committee does not agree that these requirements support an interpretation of the Act that the Tribal Development Trust Fund, which was established for the exclusive use of the Indian Water Authority on behalf of the Bands, is an appropriate source of funds to finance the delivery of water to the Bands.
Section 107(b)(4) of the Settlement Act states that all funds of the Indian Water Authority that are not required for administrative or operational expenses of the Authority or to fulfill obligations of the Authority (emphasis added) under the title, the Act or any other agreement entered into by the Authority, shall be invested or used for economic development of the Bands, the Bands' reservation lands, and their members. The Act places the obligation to arrange for the development and delivery water for the Bands squarely on the Secretary, not on the Bands. To suggest that the Tribal Development Trust Fund should be used to acquire or deliver water to the Bands is to suggest that the Bands use their own money to fulfill the Secretary's obligation to them. This suggestion is inconsistent with the content of the Act. If additional authority or funding is needed to carry out the intent of the Act, then the Department should consider submitting an appropriate request to the Congress.
Mr. REDMOND. Mr. Speaker, H.R. 4068, the Native American technical corrections bill, contains two important amendments in Section 10 of the bill. Section 10 of H.R. 4068 would amend a section of, and add a new section to, the 1992 Jicarilla Apache Tribe Water Rights Settlement Act (Act of October 23, 1992, Pub. L. No. 102-441, 106 Stat. 2237)
(``Settlement Act'').
By the terms of the Settlement Act, the Jicarilla Apache Tribe may nor access its ``future use'' water or a six million dollar water resources development fund until two partial final decrees have been entered, adjudicating the Tribe's historic and existing water rights in two stream system in New Mexico. The current statutory deadline for entry of these two decrees is December 31, 1998. See Pub. L. No. 104-
261 Sec. 2, 110 Stat. 3176 (1996). If the deadline is not met, these monies, which have already been appropriated, will be returned to the general treasury.
One amendment outlined in Section 10(b) of H.R. 4068 would add a new section 12 to the Settlement Act to provide Congressional approval of an October 7, 1997, Stipulation and Settlement Agreement between the Jicarilla Apache Tribe, the Associacion de Acequias Nortenas de Rio Arriba, and certain other parties to the Rio Chama general stream adjudication, State of New Mexico ex rel. State Engineer v. Aragon, No. CIV-7941 JC. This settlement agreement has been approved by the Federal district court, but the parties to the agreement are seeking Congressional approval as an extra measure.
This settlement agreement provides for the future transfer of certain water rights from the Tribe to the Acequias Nortenas. These water rights were perfected under state law prior to the Tribe's acquisition of a ranch from private parties in the 1980s. That land was proclaimed part of the Tribe's reservation in 1988. This agreement does not alter significantly the water rights the Tribe will receive under the Settlement Act, but still provides a fair and reasonable settlement of the concerns expressed by the Acequias Nortenas. Because the Tribe was able to settle its differences with these and other acequias in the basin, there was no need for a trial on any of the objections filed to the Tribe's proposed Rio Chama decree. This decree was approved by the Federal district court on April 6, 1998.
However, for a host of reasons entirely outside of the Jicarilla Apache Tribe's control, the other decree required by the Settlement Act, which confirms the Tribe's water rights in the San Juan River general stream adjudication, State of New Mexico v. United States of America, et al., v. Jicarilla Apache Tribe, No. 75-184-1 (11th Jud. Dist. NM), has taken far longer to complete than either the United States Departments of Justice and Interior or the Jicarilla Apache Tribe had anticipated. For this reason, an additional amendment to the Settlement Act, outlined in H.R. 4068, is necessary.
Section 10(a) of H.R. 4068 authorizes a two-year extension of the 1998 statutory deadline by which this last decree must be entered in the San Juan River adjudication. The parties are well along in the litigation, and the United States, the State, and the Tribe are actively trying to negotiate a resolution to the objections that have been filed to the decree. This is the final hurdle to conclude implementation of the Settlement Act, and although the parties are close to conclusion, there is no way for the Tribe to know whether the court will actually enter the decree before the December 31st deadline.
The delays to date have not been the fault of the Jicarilla Apache Tribe. Indeed, the Tribe has acted in good faith to fulfill the requirements of the Settlement Act. Therefore, the Tribe should not be penalized with the loss of six million dollars, which could potentially jeopardize the entire settlement. There is no justifiable reason to allow the statutory deadline to expire without an extension, especially when final settlement is so near. The Department of the Interior supports this extension, and the amendment to sanction the settlement between the Tribe and the acequias, because the Administration believes, as I do, that settlement is in the best interest of all water users in these two basins in New Mexico.
Mr. YOUNG of Alaska. Mr. Speaker, I have no requests for time, and I yield back the balance of my time.
Mr. MILLER of California. Mr. Speaker, I, too, yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Alaska (Mr. Young) that the House suspend the rules and pass the bill, H.R. 4068, as amended.
The question was taken; and (two-thirds having voted in favor thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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