[Senate Report 108-49]
[From the U.S. Government Publishing Office]
Calendar No. 100
108th Congress Report
SENATE
1st Session 108-49
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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).
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By fiscal year, in millions of dollars--
--------------------------------------------
2004 2005 2006 2007 2008
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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
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\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.