[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 523 Enrolled Bill (ENR)]
S.523
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To make technical corrections to laws relating to Native Americans, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

02d6aed22096ca31bd9b2f408f269a09e135319ca830d594e21b00d18ca960a9

(a) Short Title.--This Act may be cited as the ``Native American
Technical Corrections Act of 2004''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

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AMERICANS
Subtitle A--Technical Amendments

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Subtitle B--Other Provisions Relating to Native Americans

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TITLE I

-TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE

of pipeline to provide water for emergency fire suppression
and other purposes.

470e43d6a5af2e99ab84437d5812233cd09c2175aa4aa3e32fb44ab3d34f3246

In this Act, except as otherwise provided in this Act, the term
``Secretary'' means the Secretary of the Interior.
AMERICANS
Subtitle A--Technical Amendments

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TITLE III

-DISTRIBUTION OF QUINAULT PERMANENT FISHERIES FUNDS

Section 206 of the Bosque Redondo Memorial Act (16 U.S.C. 431 note;
Public Law 106-511) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``2000'' and inserting
``2004''; and
(B) in paragraph (2), by striking ``2001 and 2002'' and
inserting ``2005 and 2006''; and
(2) in subsection (b), by striking ``2002'' and inserting
``2007,''.

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Section 25(a)(8) of Public Law 93-531 (commonly known as the
``Navajo-Hopi Land Settlement Act of 1974'') (25 U.S.C. 640d-24(a)(8))
is amended by striking ``annually for fiscal years 1995, 1996, 1997,
1998, 1999, and 2000'' and inserting ``for each of fiscal years 2003
through 2008''.

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Section 16 of the Act of June 18, 1934 (25 U.S.C. 476), is amended
by adding at the end the following:
``(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).''.

76758a7d7113dd501f4d07232f1d61b079a57df529ef2192b22e68e47d2b10c8

Section 7 of the Cow Creek Band of Umpqua Tribe of Indians
Recognition Act (25 U.S.C. 712e) is amended in the third sentence by
inserting before the period at the end the following: ``, and shall be
treated as on-reservation land for the purpose of processing
acquisitions of real property into trust''.

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Section 1 of Public Law 102-358 (106 Stat. 960) is amended--
(1) by striking ``implement the settlement'' and inserting the
following: ``implement--
``(1) the settlement;'';
(2) by striking the period at the end and inserting ``; and'';
and
(3) by adding at the end the following:
``(2) the modifications regarding the use of the settlement
funds as described in the agreement known as the `First Amendment
to Operation and Maintenance Agreement for Implementation of
Cochiti Wetlands Solution', executed--
``(A) on October 22, 2001, by the Army Corps of Engineers;
``(B) on October 25, 2001, by the Pueblo de Cochiti of New
Mexico; and
``(C) on November 8, 2001, by the Secretary of the
Interior.''.

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Section 7 of the Four Corners Interpretive Center Act (113 Stat.
1706) is amended--
(1) in subsection (a)(2), by striking ``2005'' and inserting
``2008'';
(2) in subsection (b), by striking ``2002'' and inserting
``2005''; and
(3) in subsection (c), by striking ``2001'' and inserting
``2004''.

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Section 1(a)(2) of Public Law 106-228 (114 Stat. 462) is amended by
striking ``report entitled'' and all that follows through ``is hereby
declared'' and inserting the following: ``report entitled `Report of
May 17, 2002, Clarifying and Correcting 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. 106-568',
on file in the Office of the Superintendent, Choctaw Agency, Bureau of
Indian Affairs, Department of the Interior, is declared''.

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Section 401(b)(3) of Public Law 100-581 (102 Stat. 2944) is amended
by inserting ``and Celilo Village'' after ``existing sites''.
Subtitle B--Other Provisions Relating to Native Americans

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CONSTRUCTION OF PIPELINE TO PROVIDE WATER FOR EMERGENCY FIRE
SUPPRESSION AND OTHER PURPOSES.
(a) In General.--Notwithstanding any other provision of law,
subject to valid existing rights under Federal and State law, and to
any easements or similar restrictions which may be granted to the city
of San Diego, California, for the construction, operation and
maintenance of a pipeline and related appurtenances and facilities for
conveying water from the San Vicente Reservoir to the Barona Indian
Reservation, or for conservation, wildlife or habitat protection, or
related purposes, the land described in subsection (b), fee title to
which is held by the Barona Band of Mission Indians of California
(referred to in this section as the ``Band'')--
(1) is declared to be held in trust by the United States for
the benefit of the Band; and
(2) shall be considered to be a portion of the reservation of
the Band.
(b) Land.--The land referred to in subsection (a) is land
comprising approximately 85 acres in San Diego County, California, and
described more particularly as follows: San Bernardino Base and
Meridian; T. 14 S., R. 1 E.; sec. 21: W\1/2\ SE\1/4\, 68 acres; NW\1/4\
NW\1/4\, 17 acres.
(c) Gaming.--The land taken into trust by subsection (a) shall
neither be considered to have been taken into trust for gaming, nor be
used for gaming (as that term is used in the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.)).

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Notwithstanding any provision of law affecting the disposal of
Federal property, on the request of the Chugach Alaska Corporation or
Sealaska Corporation, the Secretary of Agriculture shall convey to
whichever of those corporations that has received title to a cemetery
site or historical place on National Forest System land conveyed under
section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C.
1613(h)(1)) all artifacts, physical remains, and copies of any
available field records that--
(1)(A) are in the possession of the Secretary of Agriculture;
and
(B) have been collected from the cemetery site or historical
place; but
(2) are not required to be conveyed in accordance with the
Native American Graves Protection and Repatriation Act (25 U.S.C.
3001 et seq.) or any other applicable law.

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(a) Definition of Bidding or Royalty Credit.--The term ``bidding or
royalty credit'' means a legal instrument or other written
documentation, or an entry in an account managed by the Secretary, that
may be used in lieu of any other monetary payment for--
(1) a bonus bid for a lease sale on the outer Continental
Shelf; or
(2) a royalty due on oil or gas production;
for any lease located on the outer Continental Shelf outside the zone
defined and governed by section 8(g)(2) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337(g)(2)).
(b) Authority.--Notwithstanding any other provision of law, the
Secretary may acquire any nontribal interest in or to land (including
an interest in mineral or other surface or subsurface rights) within
the boundaries of the Acoma Indian Reservation for the purpose of
carrying out Public Law 107-138 (116 Stat. 6) by issuing bidding or
royalty credits under this section in an amount equal to the value of
the interest acquired by the Secretary, as determined under section
1(a) of Public Law 107-138 (116 Stat. 6).
(c) Use of Bidding and Royalty Credits.--On issuance by the
Secretary of a bidding or royalty credit under subsection (b), the
bidding or royalty credit--
(1) may be freely transferred to any other person (except that,
before any such transfer, the transferor shall notify the Secretary
of the transfer by such method as the Secretary may specify); and
(2) shall remain available for use by any person during the 5-
year period beginning on the date of issuance by the Secretary of
the bidding or royalty credit.

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(a) In General.--The Secretary is authorized to carry out, in
accordance with Federal reclamation law (the Act of June 17, 1902 (32
Stat. 388, chapter 1093), and Acts supplemental to and amendatory of
that Act (43 U.S.C. 371 et seq.)), a water source, quantity, and
quality feasibility study for land of the Quinault Indian Nation to
identify ways to meet the current and future domestic and commercial
water supply and distribution needs of the Quinault Indian Nation on
the Olympic Peninsula, Washington.
(b) Public Availability of Results.--As soon as practicable after
completion of a feasibility study under subsection (a), the Secretary
shall--
(1) publish in the Federal Register a notice of the
availability of the results of the feasibility study; and
(2) make available to the public, on request, the results of
the feasibility study.

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(a) Study.--Pursuant to reclamation laws, the Secretary, acting
through the Bureau of Reclamation and in consultation with the Santee
Sioux Tribe of Nebraska (referred to in this subtitle as the
``Tribe''), shall conduct a feasibility study 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 that could serve the tribal community and adjacent
communities and incorporate population growth and economic development
activities for a period of 40 years.
(b) Cooperative Agreement.--At the request of the Tribe, the
Secretary shall enter into a cooperative agreement with the Tribe for
activities necessary to conduct the study required by subsection (a)
regarding which the Tribe has unique expertise or knowledge.
(c) Report.--Not later than 1 year after funds are made available
to carry out this subtitle, the Secretary shall submit to Congress a
report containing the results of the study required by subsection (a).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $500,000, to
remain available until expended.

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(a) In General.--Notwithstanding any other provision of law,
without further authorization by the United States, the Shakopee
Mdewakanton Sioux Community in the State of Minnesota (referred to in
this section as the ``Community'') may lease, sell, convey, warrant, or
otherwise transfer all or any part of the interest of the Community in
or to any real property that is not held in trust by the United States
for the benefit of the Community.
(b) No Effect on Trust Land.--Nothing in this section--
(1) authorizes the Community to lease, sell, convey, warrant,
or otherwise transfer all or part of an interest in any real
property that is held in trust by the United States for the benefit
of the Community; or
(2) affects the operation of any law governing leasing,
selling, conveying, warranting, or otherwise transferring any
interest in that trust land.

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(a) In General.--Notwithstanding any other provision of law
(including any restrictive covenant in effect under, or required by
operation of, a State law), title to land that the Secretary of the
Interior agrees is to be acquired by the United States in accordance
with the Act of June 18, 1934 (25 U.S.C. 465), for the Agua Caliente
Band of Cahuilla Indians shall be taken in the name of the United
States.
(b) Covenants.--A restrictive covenant referred to in subsection
(a) shall be unenforceable against the United States if the land to
which the restrictive covenant is attached was held in trust by the
United States for, or owned by, the Agua Caliente Band of Cahuilla
Indians, or an individual member of the Band, before the date on which
the restrictive covenant attached to the land.

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Section 532 of the Equity in Educational Land Grant Status Act of
1994 (7 U.S.C. 301 note; Public Law 103-382) is amended--
(1) by redesignating paragraphs (22) through (31) as paragraphs
(23) through (32), respectively; and
(2) by inserting after paragraph (21) the following:
``(22) Saginaw Chippewa Tribal College.''.

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Section 3405(c) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 note; Public Law
105-261) is amended by striking paragraph (3) and inserting the
following:
``(3) With respect to the 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.''.

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In this title:
(1) Agreement.--The term ``Agreement'' means the agreement
entitled ``Agreement to Affirm Boundary Between Pueblo of Santa
Clara and Pueblo of San Ildefonso Aboriginal Lands Within Garcia
Canyon Tract'', entered into by the Governors on December 20, 2000.
(2) Boundary line.--The term ``boundary line'' means the
boundary line established under section 204(a).
(3) Governors.--The term ``Governors'' means--
(A) the Governor of the Pueblo of Santa Clara, New Mexico;
and
(B) the Governor of the Pueblo of San Ildefonso, New
Mexico.
(4) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(5) Pueblos.--The term ``Pueblos'' means--
(A) the Pueblo of Santa Clara, New Mexico; and
(B) the Pueblo of San Ildefonso, New Mexico.
(6) Trust land.--The term ``trust land'' means the land held by
the United States in trust under section 202(a) or 203(a).

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TITLE II

-PUEBLO OF SANTA CLARA AND PUEBLO OF SAN ILDEFONSO

(a) In General.--All right, title, and interest of the United
States in and to the land described in subsection (b), including
improvements on, appurtenances to, and mineral rights (including rights
to oil and gas) to the land, shall be held by the United States in
trust for the Pueblo of Santa Clara, New Mexico.
(b) Description of Land.--The land referred to in subsection (a)
consists of approximately 2,484 acres of Bureau of Land Management land
located in Rio Arriba County, New Mexico, and more particularly
described as--
(1) the portion of T. 20 N., R. 7 E., sec. 22, New Mexico
Principal Meridian, that is located north of the boundary line;
(2) the southern half of T. 20 N., R. 7 E., sec. 23, New Mexico
Principal Meridian;
(3) the southern half of T. 20 N., R. 7 E., sec. 24, New Mexico
Principal Meridian;
(4) T. 20 N., R. 7 E., sec. 25, excluding the 5-acre tract in
the southeast quarter owned by the Pueblo of San Ildefonso;
(5) the portion of T. 20 N., R. 7 E., sec. 26, New Mexico
Principal Meridian, that is located north and east of the boundary
line;
(6) the portion of T. 20 N., R. 7 E., sec. 27, New Mexico
Principal Meridian, that is located north of the boundary line;
(7) the portion of T. 20 N., R. 8 E., sec. 19, New Mexico
Principal Meridian, that is not included in the Santa Clara Pueblo
Grant or the Santa Clara Indian Reservation; and
(8) the portion of T. 20 N., R. 8 E., sec. 30, that is not
included in the Santa Clara Pueblo Grant or the San Ildefonso
Grant.

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(a) In General.--All right, title, and interest of the United
States in and to the land described in subsection (b), including
improvements on, appurtenances to, and mineral rights (including rights
to oil and gas) to the land, shall be held by the United States in
trust for the Pueblo of San Ildefonso, New Mexico.
(b) Description of Land.--The land referred to in subsection (a)
consists of approximately 2,000 acres of Bureau of Land Management land
located in Rio Arriba County and Santa Fe County in the State of New
Mexico, and more particularly described as--
(1) the portion of T. 20 N., R. 7 E., sec. 22, New Mexico
Principal Meridian, that is located south of the boundary line;
(2) the portion of T. 20 N., R. 7 E., sec. 26, New Mexico
Principal Meridian, that is located south and west of the boundary
line;
(3) the portion of T. 20 N., R. 7 E., sec. 27, New Mexico
Principal Meridian, that is located south of the boundary line;
(4) T. 20 N., R. 7 E., sec. 34, New Mexico Principal Meridian;
and
(5) the portion of T. 20 N., R. 7 E., sec. 35, New Mexico
Principal Meridian, that is not included in the San Ildefonso
Pueblo Grant.

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(a) Survey.--Not later than 180 days after the date of enactment of
this Act, the Office of Cadastral Survey of the Bureau of Land
Management shall, in accordance with the Agreement, complete a survey
of the boundary line established under the Agreement for the purpose of
establishing, in accordance with sections 3102(b) and 3103(b), the
boundaries of the trust land.
(b) Legal Descriptions.--
(1) Publication.--On approval by the Governors of the survey
completed under subsection (a), the Secretary shall publish in the
Federal Register--
(A) a legal description of the boundary line; and
(B) legal descriptions of the trust land.
(2) Technical corrections.--Before the date on which the legal
descriptions are published under paragraph (1)(B), the Secretary
may correct any technical errors in the descriptions of the trust
land provided in sections 3102(b) and 3103(b) to ensure that the
descriptions are consistent with the terms of the Agreement.
(3) Effect.--Beginning on the date on which the legal
descriptions are published under paragraph (1)(B), the legal
descriptions shall be the official legal descriptions of the trust
land.

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(a) In General.--Effective beginning on the date of enactment of
this Act--
(1) the land held in trust under section 202(a) shall be
declared to be a part of the Santa Clara Indian Reservation; and
(2) the land held in trust under section 203(a) shall be
declared to be a part of the San Ildefonso Indian Reservation.
(b) Applicable Law.--
(1) In general.--The trust land shall be administered in
accordance with any law (including regulations) or court order
generally applicable to property held in trust by the United States
for Indian tribes.
(2) Pueblo lands act.--The following shall be subject to
section 17 of the Act of June 7, 1924 (commonly known as the
``Pueblo Lands Act'') (25 U.S.C. 331 note):
(A) The trust land.
(B) Any land owned as of the date of enactment of this Act
or acquired after the date of enactment of this Act by the
Pueblo of Santa Clara in the Santa Clara Pueblo Grant.
(C) Any land owned as of the date of enactment of this Act
or acquired after the date of enactment of this Act by the
Pueblo of San Ildefonso in the San Ildefonso Pueblo Grant.
(c) Use of Trust Land.--
(1) In general.--Subject to the criteria developed under
paragraph (2), the trust land may be used only for--
(A) traditional and customary uses; or
(B) stewardship conservation for the benefit of the Pueblo
for which the trust land is held in trust.
(2) Criteria.--The Secretary shall work with the Pueblos to
develop appropriate criteria for using the trust land in a manner
that preserves the trust land for traditional and customary uses or
stewardship conservation.
(3) Limitation.--Beginning on the date of enactment of this
Act, the trust land shall not be used for any new commercial
developments.

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Nothing in this title--
(1) affects any valid right-of-way, lease, permit, mining
claim, grazing permit, water right, or other right or interest of a
person or entity (other than the United States) that is--
(A) in or to the trust land; and
(B) in existence before the date of enactment of this Act;
(2) enlarges, impairs, or otherwise affects a right or claim of
the Pueblos to any land or interest in land that is--
(A) based on Aboriginal or Indian title; and
(B) in existence before the date of enactment of this Act;
(3) constitutes an express or implied reservation of water or
water right with respect to the trust land; or
(4) affects any water right of the Pueblos in existence before
the date of enactment of this Act.

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Land taken into trust under this title shall neither be considered
to have been taken into trust for, nor be used for, gaming (as that
term is used in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et
seq.)).

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(a) Funds To Be Deposited Into Separate Accounts.--
(1) In general.--Subject to section 302, not later than 30 days
after the date of enactment of this Act, the funds appropriated on
September 19, 1989, in satisfaction of an award granted to the
Quinault Indian Nation under Dockets 772-71, 773-71, 774-71, and
775-71 before the United States Claims Court, less attorney fees
and litigation expenses, and including all interest accrued to the
date of disbursement, shall be distributed by the Secretary and
deposited into 3 separate accounts to be established and maintained
by the Quinault Indian Nation (referred to in this title as the
``Tribe'') in accordance with this subsection.
(2) Account for principal amount.--
(A) In general.--The Tribe shall--
(i) establish an account for the principal amount of
the judgment funds; and
(ii) use those funds to establish a Permanent Fisheries
Fund.
(B) Use and investment.--The principal amount described in
subparagraph (A)(i)--
(i) except as provided in subparagraph (A)(ii), shall
not be expended by the Tribe; and
(ii) shall be invested by the Tribe in accordance with
the investment policy of the Tribe.
(3) Account for investment income.--
(A) In general.--The Tribe shall establish an account for,
and deposit in the account, all investment income earned on
amounts in the Permanent Fisheries Fund established under
paragraph (2)(A)(ii) after the date of distribution of the
funds to the Tribe under paragraph (1).
(B) Use of funds.--Funds deposited in the account
established under subparagraph (A) shall be available to the
Tribe--
(i) subject to subparagraph (C), to carry out fisheries
enhancement projects; and
(ii) pay expenses incurred in administering the
Permanent Fisheries Fund established under paragraph
(2)(A)(ii).
(C) Specification of projects.--Each fisheries enhancement
project carried out under subparagraph (B)(i) shall be
specified in the approved annual budget of the Tribe.
(4) Account for income on judgment funds.--
(A) In general.--The Tribe shall establish an account for,
and deposit in the account, all investment income earned on the
judgment funds described in subsection (a) during the period
beginning on September 19, 1989, and ending on the date of
distribution of the funds to the Tribe under paragraph (1).
(B) Use of funds.--
(i) In general.--Subject to clause (ii), funds
deposited in the account established under subparagraph (A)
shall be available to the Tribe for use in carrying out
tribal government activities.
(ii) Specification of activities.--Each tribal
government activity carried out under clause (i) shall be
specified in the approved annual budget of the Tribe.
(b) Determination of Amount of Funds Available.--Subject to
compliance by the Tribe with paragraphs (3)(C) and (4)(B)(ii) of
subsection (a), the Quinault Business Committee, as the governing body
of the Tribe, may determine the amount of funds available for
expenditure under paragraphs (3) and (4) of subsection (a).
(c) Annual Audit.--The records and investment activities of the 3
accounts established under subsection (a) shall--
(1) be maintained separately by the Tribe; and
(2) be subject to an annual audit.
(d) Reporting of Investment Activities and Expenditures.--Not later
than 120 days after the date on which each fiscal year of the Tribe
ends, the Tribe shall make available to members of the Tribe a full
accounting of the investment activities and expenditures of the Tribe
with respect to each fund established under this section (which may be
in the form of the annual audit described in subsection (c)) for the
fiscal year.

394f759d896bdd1af973f96cc4c4d1fba34ec97f9f54644282c88b83e058d5ec

(a) United States Liability.--On disbursement to the Tribe of the
funds under section 301(a), the United States shall bear no trust
responsibility or liability for the investment, supervision,
administration, or expenditure of the funds.
(b) Application of Other Law.--All funds distributed under this
title shall be subject to section 7 of the Indian Tribal Judgment Funds
Use or Distribution Act (25 U.S.C. 1407).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

274885d333fedbf2469e73e53f28e35279fb286ebc91a773cb9bc813bc7c4efa

Native American Technical Corrections Act of 2003 — S. 523

Other Sections

TITLE I

TITLE III

TITLE II

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