--S.1846--
S.1846
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January,
one thousand nine hundred and ninety
An Act
To make miscellaneous amendments to Indian laws, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

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(1) by striking out `shall take effect upon enactment of this Act' in section
203 and inserting in lieu thereof `shall take effect upon enactment of this
Act if the plan has not taken effect before the enactment of this Act';
(2) by striking out `section 201' in subsections (a) and (c) of section
212 and inserting in lieu thereof `section 206';
(3) by striking out section 213;
(4) by striking out `section 3' in section 702(a) and inserting in lieu
thereof `section 703';
(5) by striking out `section 602' in the last sentence of paragraph (1)
of section 703(b) and inserting in lieu thereof `section 702'; and
(6) by striking out `section 602' in section 703(c) and inserting in lieu
thereof `section 702'.
(b) Subsection (c) of the first section of the Act of July 28, 1955 (69
Stat. 392; 25 U.S.C. 608(c)) is amended to read as follows:
`(c) Lands and interests in lands acquired by the Secretary pursuant to
subsection (a)(1) and for the benefit of the Yakima Indian Nation pursuant
to section 5 of the Act of June 18, 1934 (48 Stat. 985; 25 U.S.C. 465)
shall be held in trust by the United States for the benefit of the Yakima
Indian Nation.'.

626d3574ba870f2eec4091ba19b48f308b8372a11eaa72dfebef14ce509ff54d

(25 U.S.C. 450, et seq.) is amended--
(1) by inserting a comma after `688)' in section 4(e) (25 U.S.C. 450b(e)),
(2) by striking out `the appropriate the Secretary' in section 4(j) and
inserting in lieu thereof `the appropriate Secretary',
(3) by striking out `pursuant to this Act' each place it appears in section
4(j) and inserting in lieu thereof `under title I of this Act',
(4) by striking out `the Single Audit Act of 1984 (98 Stat. 2327, 31
U.S.C. 7501 et seq.),' in section 5(a)(2) (25 U.S.C. 450c(a)(2)) and
inserting in lieu thereof `chapter 75 of title 31, United States Code',
(5) by striking out `the Federal Grant and Cooperative Agreement Act of
1977 (Public Law 95-224; 92 Stat. 3)' in section 9 (25 U.S.C. 450e-1)
and inserting in lieu thereof `chapter 63 of title 31, United States Code',
(6) by striking out `an Indian appointed' in section 104(m) (25
U.S.C. 450i(m)) and inserting in lieu thereof `an Indian (as defined in
section 19 of the Act of June 18, 1934 (48 Stat. 988; 25 U.S.C. 479))
appointed (except temporary appointments)',
(7) by striking out `sub-contracts in such cases where the tribal contractor
has sub-contracted the activity' in section 105(a) (25 U.S.C. 450j(a))
and inserting in lieu thereof `subcontracts of such a construction contract',
(8) by striking out `the Single Agency Audit Act of 1984 (chapter 75 of
title 31, United States Code)' in section 106(f) (25 U.S.C. 450j-1(f))
and inserting in lieu thereof `chapter 75 of title 31, United States Code',
(9) by striking out `agency personnel' in section 106(i) (25 U.S.C. 450j-1(i))
and inserting in lieu thereof `agency personnel (area personnel in the
Navajo Area and in the case of Indian tribes not served by an agency)', and
(10) by striking out `providing notice and hearing' in section 109 (25
U.S.C. 450m) and inserting in lieu thereof `providing notice and a hearing'.
(b) Subsection (b) of section 110 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450m-1(b)) is amended to read as follows:
`(b) The Secretary shall not revise or amend a self-determination contract
with a tribal organization without the tribal organization's consent.'.
(c) Subparagraph (C) of section 3371(2) of title 5, United States Code,
is amended by striking out `section 4(m)' and inserting in lieu thereof
`section 4'.

f6a2dedbd4a307e8cff24dac6ef990d9e3f7ea9fb8801fbf0aab9ff5e94c2e95

Stat. 988; 25 U.S.C. 478), sections 2 and 17 of that Act (25 U.S.C. 462
and 477) shall apply to--
(1) all Indian tribes,
(2) all lands held in trust by the United States for Indians, and
(3) all lands owned by Indians that are subject to a restriction imposed
by the United States on alienation of the rights of the Indians in the lands.
(b) The proviso of section 13 of the Act of June 18, 1934 (48 Stat. 986;
25 U.S.C. 473) is amended by striking out `sections 2, 4,' and inserting
in lieu thereof `sections 4,'.
(c) Section 17 of the Act of June 18, 1934 (25 U.S.C. 477), is amended--
(1) by striking out `by at least one-third of the adult Indians,' and
inserting in lieu thereof `by any tribe,';
(2) by striking out `at a special election by a majority vote of the adult
Indians living on the reservation' and inserting in lieu thereof `by the
governing body of such tribe';
(3) by striking out `ten years any of the land' and inserting in lieu thereof
`twenty-five years any trust or restricted lands'.

f37f9573ceb75a312d3c94223f893c095a4b57ab98183db4307bd0eaf6c469fa

striking out `NE 1/4 E 1/2 ,NW 1/4 ' each place it appears and inserting
in lieu thereof `NE 1/4 ,E 1/2 NW 1/4 '.

923cf861441500428e6205aaf61e1a2c4127515833531930d3c011f6ef6a4c57

1978 (25 U.S.C. 2019) is amended by striking out `104(a)' and inserting in
lieu thereof `103(a)'.
(b) Subsection (a) of section 5209 of the Tribally Controlled Schools Act
of 1988 (25 U.S.C. 2508) is amended by striking out `105' and inserting in
lieu thereof `104'.
(c) Subparagraph (C) of section 5314(e)(1) of the Indian Education Act of
1988 (25 U.S.C. 2604(e)(1)(C)) is amended to read as follows:
`(C) No local educational agency may be held liable to the United States, or
be otherwise penalized, by reason of the findings of any audit that relate
to the date of completion, or the date of submission, of any forms used
to establish, before April 28, 1988, a child's eligibility for entitlement
under the Indian Elementary and Secondary School Assistance Act.'.
(d)(1) Subsection (c) of section 1128 of the Education Amendments of 1978
(25 U.S.C. 2008(c)) is amended--
(A) by striking out `0.133 percent' in paragraph (3)(A) and inserting in
lieu thereof `0.2 percent',
(B) by striking out `$4,000' in paragraph (3)(C)(i) and inserting in lieu
thereof `$5,000',
(C) by striking out clause (ii) of paragraph (3)(C) and inserting in lieu
thereof the following:
`(ii) the lesser of--
`(I) $15,000, or
`(II) 1 percent of such allotted funds,'.
(D) by striking out paragraph (2), and
(E) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3),
and (4), respectively.
(2) Section 5324(c)(4)(B) of the Indian Education Act of 1988 (25
U.S.C. 2624(c)(4)(B)) is amended by striking out `section 1128(c)(4)(A)(i)'
and inserting in lieu thereof `section 1128(c)(3)(A)(i)'.
(e)(1) Subsection (b) of section 5504 of Public Law 100-297 (25 U.S.C. 2001,
note) is amended--
(A) by inserting `the Executive Director of the National Advisory Council
on Indian Education and of' after `which shall consist of' in paragraph (1),
(B) by inserting `(but not the Executive Director of the National Advisory
Council on Indian Education)' after `Task Force' in paragraph (3), and
(C) by adding at the end thereof the following new paragraph:
`(7) Sums appropriated under the authority of section 5508 shall not be
used to pay the salaries of employees of the Department of the Interior or
the Department of Education who are assigned as staff to the Task Force;
but the salaries of such employees shall be paid out of funds appropriated
to the employing Department under the authority of other provisions of law.'.
(2) Subsection (a) of section 5506 of Public Law 100-297 is amended--
(A) by striking out `and' at the end of paragraph (5),
(B) by striking out the period at the end of paragraph (6) and inserting
in lieu thereof `; and', and
(C) by adding at the end thereof the following new paragraph:
`(7) the chairman of the National Advisory Council on Indian Education.'.
(3) Section 5508 of Public Law 100-297 is amended by striking out `1988,
1989, and 1990' and inserting in lieu thereof `1990, 1991, and 1992'.
(f) Subsection (d) of section 1128A of the Education Amendments of 1978
(25 U.S.C. 2008a(d)) is amended by adding at the end thereof the following
new paragraph:
`(4) In applying this section and section 106 of the Indian Self-Determination
and Education Assistance Act with respect to an Indian tribe or tribal
organization that--
`(A) receives funds under this section for administrative costs incurred
in operating a contract school or a school operated under the Tribally
Controlled Schools Act of 1988, and
`(B) operates one or more other programs under a contract or grant provided
under the Indian Self-Determination and Education Assistance Act,
the Secretary shall ensure that the Indian tribe or tribal organization
is provided with the full amount of the administrative costs, and of the
indirect costs, that are associated with operating the contract school, a
school operated under the Tribally Controlled Schools Act of 1988, and all
of such other programs, except that funds appropriated for implementation of
this section shall be used only to supply the amount of the grant required
to be provided by this section.'.
(g)(1) Paragraph (2) of subsection 5205(a) of the Tribally controlled
Schools Act of 1988 (25 U.S.C. 2504(a)) is amended to read as follows:
`(2) to the extent requested by such Indian tribe or tribal organization,
the total amount of funds provided from operations and maintenance accounts
and, notwithstanding section 105 of the Indian Self-Determination Act (25
U.S.C. 450j), or any other provision of law, other facilities accounts
for such schools for such fiscal year (including but not limited to all
those referenced under section 1126(d) of the Education Amendments of 1978,
or any other law), and'.
(2) Subsection (b) of section 5205 of the Tribally Controlled Schools Act
of 1988 (25 U.S.C. 2504(b)) is amended by adding the following new paragraph:
`(4) Notwithstanding the provision of paragraph 5204(a)(2) of the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2503(a)(2)), with respect to funds
from facilities improvement and repair, alteration and renovation (major
or minor), health and safety, or new construction accounts included in the
grant under such paragraph (a)(2), the grantee shall maintain a separate
account for such funds and shall, at the end of the period designated for
the work covered by the funds received, render a separate accounting of the
work done and the funds used to the Secretary. Funds received from these
accounts may only be used for the purposes for which they were appropriated
and for the work encompassed by the application or submission under which
they were received. Where the appropriations measure or the application
submission does not stipulate a period for the work covered by the funds
so designated, the Secretary and the grantee shall consult and determine
such a period prior to the transfer of funds: Provided, That such period
may be extended upon mutual agreement.'.

a78bf9799d0228e3561bef1f3705f5d50f9b0ef0c83017ae3313f1a050bd91cf

includes, for purposes of applying Public Law 100-497 with respect to any
Indian tribe located in the State of Wisconsin or the State of Montana,
during the 1-year period beginning on the date of enactment of this Act,
any gaming described in section 4(7)(B)(ii) of Public Law 100-497 that was
legally operated on Indian lands on or before May 1, 1988, if the Indian
tribe having jurisdiction over the lands on which such gaming was operated
made a request, by no later than November 16, 1988, to the State in which
such gaming is operated to negotiate a Tribal-State compact under section
11(d)(3) of Public Law 100-497.

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Indians Act (25 U.S.C. 1300h-7) is amended--
(1) by striking out `Notwithstanding' and inserting in lieu thereof `(a)
Notwithstanding', and
(2) by adding at the end thereof the following new subsection:
`(b) The Secretary shall accept as voters eligible to vote on any amendments
to the constitution of the Keweenaw Bay Indian Community--
`(1) all those persons who were deemed eligible by the Keweenaw Bay Indian
Community to vote in the most recent election for the Tribal Council, and
`(2) any other person certified by the Keweenaw Bay Indian Community Tribal
Council as--
`(A) a member of the Keweenaw Bay Indian Community, and
`(B) eligible to vote in any election for the Tribal Council.'.

517389cadafca3dae5139f399ba5f391e726969312516108a34542631a3e5d71

1985 (25 U.S.C. 331, note) is amended--
(1) by inserting `(not including laws relating to spousal allowance and
maintenance payments)' immediately after `inheritance laws of Minnesota in
effect on March 26, 1986', and
(2) by adding at the end of section 7 the following new subsection:
`(e)(1) After publication of the second list under subsection (c), the
Secretary may, at any time, add allotments or interests to that second list
if the Secretary determines that the additional allotment or interest falls
within the provisions of section 5(c) or subsection (a) or (b) of section 4.
`(2) The Secretary shall publish in the Federal Register notice of any
additions made under paragraph (1) to the second list published under
subsection (c).
`(3) Any determination made by the Secretary to add an allotment or
interest under paragraph (1) to the second list published under subsection
(c) may be judicially reviewed in accordance with chapter 7 of title 5,
United States Code, within 90 days after the date on which notice of
such determination is published in the Federal Register under paragraph
(2). Any legal action challenging such a determination that is not filed
within such 90-day period shall be forever barred. Exclusive jurisdiction
over any legal action challenging such a determination is vested in the
United States District Court for the District of Minnesota.'.

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(1) by adding at the end of paragraph (2) of section (5)(a) the following new
sentence: `Children under age 10 on the date they applied for the Settlement
Roll who have lived all their lives on the Joint Reservation or the Hoopa
Valley or Yurok Reservations, and who otherwise meet the requirements of
this section except they lack 10 years of Reservation residence, shall be
included on the Settlement Roll.',
(2) by adding at the end of subsection (d) of section 5 the following
new paragraph:
`(4) For the sole purpose of preparing the Settlement Roll under this section,
the Yurok Transition Team and the Hoopa Valley Business Council may review
applications, make recommendations which the Secretary shall accept unless
conflicting or erroneous, and may appeal the Secretary's decisions concerning
the Settlement Roll. Full disclosure of relevant records shall be made to
the Team and to the Council notwithstanding any other provision of law.'.
(3) by striking out `counseling,' in section (9)(a)(3) and inserting in
lieu thereof `counseling and assistance, shall', and
(4) by adding at the end of subsection (a) of section 14 the following new
sentence: `The Yurok Transition Team, or any individual thereon, shall not
be named as a defendant or otherwise joined in any suit in which a claim
is made arising out of this subsection.'.

c1412ae6f935b4617dcc25ba4bdfef83157a98915e1800d2a4d451490cb2e6df

from the public in payment for goods and services provided by the Bureau
of Indian Affairs. Such collections shall be credited to the appropriation
account against which obligations were incurred in providing such goods
and services.

f3d5bc48a6b93f464498c09dbb8e408e8019a7009acacece5568497aae3b0796

and Human Services, Administration for Native Americans, $1,000,000 for
the purpose of conducting a feasibility study for the establishment of a
National Center for Native American Studies and Policy Development.

d61eed60ee35e1f78c69827b3307ad99bfe402c617ff739fd97e7f03dd42b8f5

(81 Stat. 59), under the heading `Office of the Solicitor', is repealed:
`Provided, That hereafter hearing officers appointed for Indian probate
work need not be appointed pursuant to the Administrative Procedures Act
(60 Stat. 237), as amended'.
(b) Hearing officers heretofore appointed to preside over Indian probate
proceedings pursuant to the proviso repealed by subsection (a), having
met the qualifications required for appointment pursuant to section 3105
of title 5, United States Code, shall be deemed to have been appointed
pursuant to that section.
(c) The first sentence of section 1 of the Act of June 25, 1910 (36
Stat. 855; 25 U.S.C. 372), is amended by deleting `his decision thereon
shall be final and conclusive' and inserting in lieu thereof `his decisions
shall be subject to judicial review to the same extent as determinations
rendered under section 2 of this Act'.

882ff0786a50382aa377dc353ee46fe603f02dcb4e7957a95300d43ef2d24e7d

the Act of August 7, 1946 (60 Stat. 895-896), the Secretary of the Interior
is authorized to allocate not to exceed $2,000,000 from power revenues
available to the San Carlos Irrigation Project to pay for the operation
and maintenance charges associated with the delivery of 30,000 acre-feet of
water from the Central Arizona Project to the San Carlos Irrigation Project.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

1bcbcee42abc640a30191b647fb60752b4a44db95d5968b321ce0fa133b21240

A bill to make miscellaneous amendments to Indian laws, and for other purposes.

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