[104th Congress Public Law 109]
[From the U.S. Government Printing Office]
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[DOCID: f:publ109.104]
Public Law 104-109
104th Congress
An Act
To make certain technical corrections in laws relating to Native
Americans, and for other purposes. <<NOTE: Feb. 12, 1996 - [H.R.
2726]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CORRECTION TO POKAGON RESTORATION ACT.
Section 9 of the Act entitled ``An Act to restore Federal services
to the Pokagon Band of Potawatomi Indians'' (25 U.S.C. 1300j-7a) is
amended--
(1) by striking ``Bands'' each place it appears and
inserting ``Band'';
(2) in subsection (a), by striking ``respective''; and
(3) in subsection (b)--
(A) in paragraph (1)--
(i) in the first sentence--
(I) by striking ``membership rolls
that contain'' and inserting ``a
membership roll that contains''; and
(II) by striking ``in such'' and
inserting ``in the''; and
(ii) in the second sentence, by striking
``Each such'' and inserting ``The'';
(B) in paragraph (2)--
(i) by striking ``rolls have'' and inserting
``roll has''; and
(ii) by striking ``such rolls'' and inserting
``such roll'';
(C) in the heading for paragraph (3), by striking
``rolls'' and inserting ``roll''; and
(D) in paragraph (3), by striking ``rolls are
maintained'' and inserting ``roll is maintained''.
SEC. 2. CORRECTION TO ODAWA AND OTTAWA RESTORATION ACT.
(a) Reaffirmation of Rights.--The heading of section 5(b) of the
Little Traverse Bay Bands of Odawa Indians and the Little River Band of
Ottawa Indians Act (25 U.S.C. 1300k-3) is amended by striking ``Tribe''
and inserting ``Bands''.
(b) Membership List.--Section 9 of the Little Traverse Bay Bands of
Odawa and the Little River Band of Ottawa Indians Act (25 U.S.C. 1300k-
7) is amended--
(1) in subsection (a)--
(A) by striking ``Band'' the first place it appears
and inserting ``Bands''; and
(B) by striking ``the Band.'' and inserting ``the
respective Bands.''; and
(2) in subsection (b)(1)--
(A) in the first sentence, by striking ``the Band
shall submit to the Secretary membership rolls that
contain the names of all individuals eligible for
membership in such Band'' and inserting ``each of the
Bands shall submit to the Secretary a membership roll
that contains the names of all individuals that are
eligible for membership in such Band''; and
(B) in the second sentence, by striking ``The Band,
in consultation'' and inserting ``Each such Band, in
consultation''.
SEC. 3. INDIAN DAMS SAFETY ACT OF 1994.
Section 4(h) of the Indian Dams Safety Act of 1994 (25 U.S.C.
3803(h); 108 Stat. 1562) is amended by striking ``(under the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))), as
amended,'' and inserting ``under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.)''.
SEC. 4. PASCUA YAQUI INDIANS OF ARIZONA.
Section 4(b) of the Act entitled ``An Act to provide for the
extension of certain Federal benefits, services, and assistance to the
Pascua Yaqui Indians of Arizona, and for other purposes'' (25 U.S.C.
1300f-3(b)) is amended by striking ``Pascua Yaqui tribe'' and inserting
``Pascua Yaqui Tribe''.
SEC. 5. INDIAN LANDS OPEN DUMP CLEANUP ACT OF 1994.
Section 3(7) of the Indian Lands Open Dump Cleanup Act of 1994 (25
U.S.C. 3902(7); 108 Stat. 4165) is amended by striking ``under section
6944 of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)'' and
inserting ``under section 4004 of the Solid Waste Disposal Act (42
U.S.C. 6944)''.
SEC. 6. AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM ACT OF 1994.
(a) Maintenance of Records.--Section 303(c)(5)(D) of the American
Indian Trust Fund Management Reform Act of 1994 (25 U.S.C.
4043(c)(5)(D); 108 Stat. 4247) is amended by striking ``made under
paragraph (3)(B)'' and inserting ``made under subparagraph (C)''.
(b) Advisory Board.--Section 306(d) of the Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4046(d); 108 Stat. 4249) is
amended by striking ``Advisory Board'' and inserting ``advisory board''.
SEC. 7. INDIAN SELF-DETERMINATION CONTRACT REFORM ACT OF 1994.
Section 102(11) of the Indian Self-Determination Contract Reform Act
of 1994 (108 Stat. 4254) <<NOTE: 25 USC 450j.>> is amended by striking
``subsection (e)'' and inserting ``subsection (e) of section 105''.
SEC. 8. AUBURN INDIAN RESTORATION.
(a) Economic Development.--Section 203 of the Auburn Indian
Restoration Act (25 U.S.C. 1300l-1) is amended--
(1) in subsection (a)(2), by striking ``as provided in
section 107'' and inserting ``as provided in section 207''; and
(2) in subsection (b), by striking ``section 104'' and
inserting ``section 204''.
(b) Interim Government.--The last sentence of section 206 of the
Auburn Indian Restoration Act (25 U.S.C. 1300l-4) is
amended by striking ``Interim council'' and inserting ``Interim
Council''.
SEC. 9. CROW BOUNDARY SETTLEMENT ACT OF 1994.
(a) Enforcement.--Section 5(b)(3) of the Crow Boundary Settlement
Act of 1994 (25 U.S.C. 1776c(b)(3); 108 Stat. 4636) is amended by
striking ``provisions of subsection (b)'' and inserting ``provisions of
this subsection''.
(b) Applicability.--Section 9(a) of the Crow Boundary Settlement Act
of 1994 (25 U.S.C. 1776g(a); 108 Stat. 4640) is amended by striking
``The Act'' and inserting ``This Act''.
(c) Escrow Funds.--Section 10(b) of the Crow Boundary Settlement Act
of 1994 (25 U.S.C. 1776h(b); 108 Stat. 4641) is amended by striking
``(collectively referred to in this subsection as the `Suspension
Accounts')'' and inserting ``(collectively referred to in this section
as the `Suspension Accounts')''.
SEC. 10. TLINGIT AND HAIDA STATUS CLARIFICATION ACT.
The first sentence of section 205 of the Tlingit and Haida Status
Clarification Act (25 U.S.C. 1215) is amended by striking ``Indian
tribes'' and inserting ``Indian Tribes''.
SEC. 11. NATIVE AMERICAN LANGUAGES ACT.
Section 103 of the Native American Languages Act (25 U.S.C. 2902) is
amended--
(1) in paragraph (2), by striking ``under section 5351(4) of
the Indian Education Act of 1988 (25 U.S.C. 2651(4))'' and
inserting ``under section 9161(4) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7881(4))''; and
(2) in paragraph (3), by striking ``section 4009 of Public
Law 100-297 (20 U.S.C. 4909)'' and inserting ``section 9212(1)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7912(1))''.
SEC. 12. PONCA RESTORATION ACT.
Section 5 of the Ponca Restoration Act (25 U.S.C. 983c) is amended--
(1) by inserting ``Sarpy, Burt, Platte, Stanton, Holt, Hall,
Wayne,'' before ``Knox''; and
(2) by striking ``or Charles Mix County'' and inserting ``,
Woodbury or Pottawattomie Counties of Iowa, or Charles Mix
County''.
SEC. 13. REVOCATION OF CHARTER OF INCORPORATION OF THE MINNESOTA
CHIPPEWA TRIBE UNDER THE INDIAN REORGANIZATION ACT.
The request of the Minnesota Chippewa Tribe to surrender the charter
of incorporation issued to that tribe on September 17, 1937, pursuant to
section 17 of the Act of June 18, 1934, commonly known as the ``Indian
Reorganization Act'' (48 Stat. 988, chapter 576; 25 U.S.C. 477) is
hereby accepted and that charter of incorporation is hereby revoked.
SEC. 14. ADVISORY COUNCIL ON CALIFORNIA INDIAN POLICY ACT OF 1992.
Section 5(6) of the Advisory Council on California Indian Policy Act
of 1992 (106 Stat. 2133; 25 U.S.C. 651 note) is amended by striking ``18
months'' and inserting ``36 months''.
SEC. 15. IN-LIEU FISHING SITE TRANSFER AUTHORITY.
Section 401 of Public Law 100-581 (102 Stat. 2944-2945) is amended
by adding at the end the following new subsection:
``(g) The Secretary of the Army is authorized to transfer funds to
the Department of the Interior to be used for purposes of the continued
operation and maintenance of sites improved or developed under this
section.''.
SEC. 16. ADOLESCENT TRANSITIONAL LIVING FACILITY.
Notwithstanding any other provision of law, any funds that were
provided to the Ponca Indian Tribe of Nebraska for any of the fiscal
years 1992 through 1995, and that were retained by that Indian tribe,
pursuant to a self-determination contract with the Secretary of Health
and Human Services that the Indian tribe entered into under section 102
of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450f) to carry out programs and functions of the Indian Health Service
may be used by that Indian tribe to acquire, develop, and maintain a
transitional living facility for adolescents, including land for that
facility.
SEC. 17. EXPENDITURE OF MESCALERO APACHE TRIBE JUDGMENT FUNDS.
Notwithstanding any other provision of law, or any distribution plan
approved pursuant to the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1401 et seq.), the Secretary of the Interior
may reprogram, in accordance with the Resolutions, approved by the
Mescalero Apache Tribal Council on January 24, 1995, any and all
remaining funds (principal and interest accounts) regarding specific
changes in the Secretarial Plans for the use of the funds in Docket Nos.
22-G, 30, 48, 30-A, and 48-A, awarded in satisfaction of the judgments
by the Indian Claims Commission.
SEC. 18. ESTABLISHMENT OF A BAND ROLL.
Section 5(d)(2) of the Lac Vieux Desert Band of Lake Superior
Chippewa Indians Act (25 U.S.C. 1300h-3(d)(2); 102 Stat. 1578) is
amended--
(1) by inserting ``and base roll'' after ``requirement'';
and
(2) by striking ``modification is'' and inserting
``modifications are''.
SEC. 19. OPTION TO INCORPORATE SELF-DETERMINATION PROVISIONS INTO SELF-
GOVERNANCE.
Section 403 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 458cc) is amended by adding the following new
subsection:
``(l) Incorporate Self-Determination Provisions.--At the option of a
participating tribe or tribes, any or all provisions of title I of this
Act shall be made part of an agreement entered into under title III of
this Act or this title. The Secretary is obligated to include such
provisions at the option of the participating tribe
or tribes. If such provision is incorporated it shall have the same
force and effect as if set out in full in title III or this title.''.
Approved February 12, 1996.
LEGISLATIVE HISTORY--H.R. 2726 (S. 325) (S. 1431):
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HOUSE REPORTS: No. 104-444 (Comm. on Resources).
SENATE REPORTS: No. 104-150 accompanying S. 325 (Comm. on Indian
Affairs).
CONGRESSIONAL RECORD:
Vol. 141 (1995):
Oct. 31, S. 325 considered and
passed Senate.
Dec. 7, S. 1431 considered and
passed Senate.
Vol. 142 (1996):
Jan. 23, H.R. 2726 considered and
passed House.
Jan. 26, considered and passed
Senate.
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