[105th Congress Public Law 256]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ256.105]
[[Page 1895]]
TECHNICAL CORRECTIONS IN LAWS RELATING TO NATIVE AMERICANS
[[Page 112 STAT. 1896]]
Public Law 105-256
105th Congress
An Act
To make certain technical corrections in laws relating to Native
Americans, and for other purposes. <<NOTE: Oct. 14, 1998 - [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\, SE\1/ 240'';
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\, SE\1/4\SW\1/ 21.70
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\1/4\ 5.31
6 7 7 E\1/2\E\1/2\ 57.60
6 7 8 SW\1/4\SW\1/4\NW\1/4\, W\1/2\SW\1/ 22.46
4\
[[Page 112 STAT.1897]]
6 7 17 NW\1/4\NW\1/4\, N\1/2\SW\1/4\NW\1/ 10.84
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-- <<NOTE: 25 USC 640d note.>>
(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) <<NOTE: Expiration date. 25 USC 1660b note.>> 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) <<NOTE: Appropriation authorization.>> 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:
[[Page 112 STAT. 1898]]
``(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. <<NOTE: Minnesota.>>
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. <<NOTE: Oregon.>>
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. <<NOTE: 25 USC 712e.>>
``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, <<NOTE: 106 Stat.
4752.>> is further amended by striking ``December 31, 1998'' and
inserting ``December 31, 2000''.
[[Page 112 STAT. 1899]]
(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--
[[Page 112 STAT. 1900]]
``(i) first, in any one of the five 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 <<NOTE: 111 Stat.
1599.>> and section 1004(a) of Public Law 104-324 is amended <<NOTE: 110
Stat. 3956.>> by inserting ``sale or'' before ``use''.
Approved October 14, 1998.
LEGISLATIVE HISTORY--H.R. 4068:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 105-733 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 144 (1998):
Sept. 23, considered and passed House.
Oct. 1, considered and passed Senate.
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