[107th Congress Public Law 331]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ331.107]
[[Page 2833]]
INDIAN FINANCING AMENDMENTS ACT OF 2002
[[Page 116 STAT. 2834]]
Public Law 107-331
107th Congress
An Act
To amend the Indian Financing Act of 1974 to improve the effectiveness
of the Indian loan guarantee and insurance program. <<NOTE: Dec. 13,
2002 - [S. 2017]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Indian Financing
Amendments Act of 2002.>>
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I--INDIAN FINANCING ACT AMENDMENTS
Sec. 101. Short title.
Sec. 102. Findings and purpose.
Sec. 103. Amendments to Indian Financing Act.
TITLE II--YANKTON SIOUX AND SANTEE SIOUX TRIBES EQUITABLE COMPENSATION
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Definitions.
Sec. 204. Yankton Sioux Tribe Development Trust Fund.
Sec. 205. Santee Sioux Tribe Development Trust Fund.
Sec. 206. Tribal plans.
Sec. 207. Eligibility of tribe for certain programs and services.
Sec. 208. Statutory construction.
Sec. 209. Authorization of appropriations.
Sec. 210. Extinguishment of claims.
TITLE III--OKLAHOMA NATIVE AMERICAN CULTURAL CENTER AND MUSEUM
Sec. 301. Oklahoma Native American Cultural Center and Museum.
TITLE IV--TRANSMISSION OF POWER FROM INDIAN LANDS IN OKLAHOMA
Sec. 401. Transmission of power from Indian lands in Oklahoma.
TITLE V--PECHANGA TRIBE
Sec. 501. Land of Pechanga Band of Luiseno Mission Indians.
TITLE VI--CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS SETTLEMENT ACT
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Purposes.
Sec. 604. Definitions.
Sec. 605. Settlement and claims; appropriations; allocation of funds.
Sec. 606. Tribal trust funds.
Sec. 607. Attorney fees.
Sec. 608. Release of other tribal claims and filing of claims.
Sec. 609. Effect on claims.
TITLE VII--SEMINOLE TRIBE
Sec. 701. Approval not required to validate certain land transactions.
[[Page 116 STAT. 2835]]
TITLE VIII--JICARILLA APACHE RESERVATION RURAL WATER SYSTEM
Sec. 801. Short title.
Sec. 802. Purposes.
Sec. 803. Definitions.
Sec. 804. Jicarilla Apache Reservation rural water system.
Sec. 805. General authority.
Sec. 806. Project requirements.
Sec. 807. Authorization of appropriations.
Sec. 808. Prohibition on use of funds for irrigation purposes.
Sec. 809. Water rights.
TITLE IX--ROCKY BOY'S RURAL WATER SYSTEM
Sec. 901. Short title.
Sec. 902. Findings and purposes.
Sec. 903. Definitions.
Sec. 904. Rocky Boy's rural water system.
Sec. 905. Noncore system.
Sec. 906. Limitation on availability of construction funds.
Sec. 907. Connection charges.
Sec. 908. Authorization of contracts.
Sec. 909. Tiber Reservoir allocation to the Tribe.
Sec. 910. Use of Pick-Sloan power.
Sec. 911. Water conservation plan.
Sec. 912. Water rights.
Sec. 913. Chippewa Cree Water System Operation, Maintenance, and
Replacement Trust Fund.
Sec. 914. Authorization of appropriations.
TITLE X--MISCELLANEOUS
Sec. 1001. Santee Sioux Tribe, Nebraska, water system study.
Sec. 1002. Yurok Tribe and Hopland Band included in long-term leasing.
TITLE I--INDIAN FINANCING ACT AMENDMENTS
SEC. 101. <<NOTE: 25 USC 1451 note.>> SHORT TITLE.
This Act may be cited as the ``Indian Financing Amendments Act of
2002''.
SEC. 102. <<NOTE: 25 USC 1485 note.>> FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the Indian Financing Act of 1974 (25 U.S.C. 1451 et
seq.) was intended to provide Native American borrowers with
access to commercial sources of capital that otherwise would not
be available through the guarantee or insurance of loans by the
Secretary of the Interior;
(2) although the Secretary of the Interior has made loan
guarantees and insurance available, use of those guarantees and
that insurance by lenders to benefit Native American business
borrowers has been limited;
(3) twenty-seven years after the date of enactment of the
Indian Financing Act of 1974 (25 U.S.C. 1451 et seq.), the
promotion and development of Native American-owned business
remains an essential foundation for growth of economic and
social stability of Native Americans;
(4) use by commercial lenders of the available loan
insurance and guarantees may be limited by liquidity and other
capital market-driven concerns; and
(5) it is in the best interest of the insured and guaranteed
loan program of the Department of the Interior--
(A) to encourage the orderly development and
expansion of a secondary market for loans guaranteed or
insured by the Secretary of the Interior; and
[[Page 116 STAT. 2836]]
(B) to expand the number of lenders originating
loans under the Indian Financing Act of 1974 (25 U.S.C.
1451 et seq.).
(b) Purpose.--The purpose of this Act is to reform and clarify the
Indian Financing Act of 1974 (25 U.S.C. 1451 et seq.) in order to--
(1) stimulate the use by lenders of secondary market
investors for loans guaranteed or insured under a program
administered by the Secretary of the Interior;
(2) preserve the authority of the Secretary to administer
the program and regulate lenders;
(3) clarify that a good faith investor in loans insured or
guaranteed by the Secretary will receive appropriate payments;
(4) provide for the appointment by the Secretary of a
qualified fiscal transfer agent to establish and administer a
system for the orderly transfer of those loans; and
(5)(A) authorize the Secretary to promulgate regulations to
encourage and expand a secondary market program for loans
guaranteed or insured by the Secretary; and
(B) allow the pooling of those loans as the secondary market
develops.
SEC. 103. AMENDMENTS TO INDIAN FINANCING ACT.
(a) Limitation on Loan Amounts Without Prior Approval.--Section 204
of the Indian Financing Act of 1974 (25 U.S.C. 1484) is amended in the
last sentence by striking ``$100,000'' and inserting ``$250,000''.
(b) Sale or Assignment of Loans and Underlying Security.--Section
205 of the Indian Financing Act of 1974 (25 U.S.C. 1485) is amended--
(1) by striking ``Any loan guaranteed'' and inserting the
following:
``(a) In General.--Any loan guaranteed or insured''; and
(2) by adding at the end the following:
``(b) Initial Transfers.--
``(1) In general.--The lender of a loan guaranteed or
insured under this title may transfer to any individual or legal
entity--
``(A) all rights and obligations of the lender in
the loan or in the unguaranteed or uninsured portion of
the loan; and
``(B) any security given for the loan.
``(2) Additional requirements.--With respect to a transfer
described in paragraph (1)--
``(A) the transfer shall be consistent with such
regulations as the Secretary shall promulgate under
subsection (i); and
``(B) the lender shall give notice of the transfer
to the Secretary.
``(3) Responsibilities of transferee.--On any transfer under
paragraph (1), the transferee shall--
``(A) be deemed to be the lender for the purpose of
this title;
``(B) become the secured party of record; and
``(C) be responsible for--
``(i) performing the duties of the lender; and
[[Page 116 STAT. 2837]]
``(ii) servicing the loan in accordance with
the terms of the guarantee by the Secretary of the
loan.
``(c) Secondary Transfers.--
``(1) In general.--Any transferee under subsection (b) of a
loan guaranteed or insured under this title may transfer to any
individual or legal entity--
``(A) all rights and obligations of the transferee
in the loan or in the unguaranteed or uninsured portion
of the loan; and
``(B) any security given for the loan.
``(2) Additional requirements.--With respect to a transfer
described in paragraph (1)--
``(A) the transfer shall be consistent with such
regulations as the Secretary shall promulgate under
subsection (i); and
``(B) the transferor shall give notice of the
transfer to the Secretary.
``(3) Acknowledgment by secretary.--On receipt of a notice
of a transfer under paragraph (2)(B), the Secretary shall issue
to the transferee an acknowledgment by the Secretary of--
``(A) the transfer; and
``(B) the interest of the transferee in the
guaranteed or insured portion of the loan.
``(4) Responsibilities of lender.--Notwithstanding any
transfer permitted by this subsection, the lender shall--
``(A) remain obligated on the guarantee agreement or
insurance agreement between the lender and the
Secretary;
``(B) continue to be responsible for servicing the
loan in a manner consistent with that guarantee
agreement or insurance agreement; and
``(C) remain the secured creditor of record.
``(d) Full Faith and Credit.--
``(1) In general.--The full faith and credit of the United
States is pledged to the payment of all loan guarantees and loan
insurance made under this title after the date of enactment of
this subsection.
``(2) Validity.--
``(A) In general.--Except as provided in
subparagraph (B), the validity of a guarantee or
insurance of a loan under this title shall be
incontestable if the obligations of the guarantee or
insurance held by a transferee have been acknowledged
under subsection (c)(3).
``(B) Exception for fraud or misrepresentation.--
Subparagraph (A) shall not apply in a case in which a
transferee has actual knowledge of fraud or
misrepresentation, or participates in or condones fraud
or misrepresentation, in connection with a loan.
``(e) Damages.--Notwithstanding section 3302 of title 31, United
States Code, the Secretary may recover from a lender of a loan under
this title any damages suffered by the Secretary as a result of a
material breach of the obligations of the lender with respect to a
guarantee or insurance by the Secretary of the loan.
``(f) Fees.--The Secretary may collect a fee for any loan or
guaranteed or insured portion of a loan that is transferred in
accordance with this section.
[[Page 116 STAT. 2838]]
``(g) Central Registration of Loans.--On promulgation of final
regulations under subsection (i), the Secretary shall--
``(1) provide for a central registration of all guaranteed
or insured loans transferred under this section; and
``(2) enter into 1 or more contracts with a fiscal transfer
agent--
``(A) to act as the designee of the Secretary under
this section; and
``(B) to carry out on behalf of the Secretary the
central registration and fiscal transfer agent
functions, and issuance of acknowledgments, under this
section.
``(h) Pooling of Loans.--
``(1) In general.--Nothing in this title prohibits the
pooling of whole loans or interests in loans transferred under
this section.
``(2) Regulations.--In promulgating regulations under
subsection (i), the Secretary may include such regulations to
effect orderly and efficient pooling procedures as the Secretary
determines to be necessary.
``(i) Regulations.--Not <<NOTE: Deadline.>> later than 180 days
after the date of enactment of this subsection, the Secretary shall
develop such procedures and promulgate such regulations as are necessary
to facilitate, administer, and promote transfers of loans and guaranteed
and insured portions of loans under this section.''.
TITLE II--YANKTON <<NOTE: Yankton Sioux Tribe and Santee Sioux Tribe
Equitable Compensation Act.>> SIOUX AND SANTEE SIOUX TRIBES EQUITABLE
COMPENSATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Yankton Sioux Tribe and Santee
Sioux Tribe Equitable Compensation Act''.
SEC. 202. FINDINGS.
Congress finds that--
(1) by enacting the Act of December 22, 1944, commonly known
as the ``Flood Control Act of 1944'' (58 Stat. 887, chapter 665;
33 U.S.C. 701-1 et seq.) Congress approved the Pick-Sloan
Missouri River Basin program (referred to in this section as the
``Pick-Sloan program'')--
(A) to promote the general economic development of
the United States;
(B) to provide for irrigation above Sioux City,
Iowa;
(C) to protect urban and rural areas from
devastating floods of the Missouri River; and
(D) for other purposes;
(2) the waters impounded for the Fort Randall and Gavins
Point projects of the Pick-Sloan program have inundated the
fertile, wooded bottom lands along the Missouri River that
constituted the most productive agricultural and pastoral lands
of, and the homeland of, the members of the Yankton Sioux Tribe
and the Santee Sioux Tribe;
(3) the Fort Randall project (including the Fort Randall Dam
and Reservoir) overlies the western boundary of the Yankton
Sioux Tribe Indian Reservation;
[[Page 116 STAT. 2839]]
(4) the Gavins Point project (including the Gavins Point Dam
and Reservoir) overlies the eastern boundary of the Santee Sioux
Tribe;
(5) although the Fort Randall and Gavins Point projects are
major components of the Pick-Sloan program, and contribute to
the economy of the United States by generating a substantial
amount of hydropower and impounding a substantial quantity of
water, the reservations of the Yankton Sioux Tribe and the
Santee Sioux Tribe remain undeveloped;
(6) the United States Army Corps of Engineers took the
Indian lands used for the Fort Randall and Gavins Point projects
by condemnation proceedings;
(7) the Federal Government did not give the Yankton Sioux
Tribe and the Santee Sioux Tribe an opportunity to receive
compensation for direct damages from the Pick-Sloan program,
even though the Federal Government gave 5 Indian reservations
upstream from the reservations of those Indian tribes such an
opportunity;
(8) the Yankton Sioux Tribe and the Santee Sioux Tribe did
not receive just compensation for the taking of productive
agricultural Indian lands through the condemnation referred to
in paragraph (6);
(9) the settlement agreement that the United States entered
into with the Yankton Sioux Tribe and the Santee Sioux Tribe to
provide compensation for the taking by condemnation referred to
in paragraph (6) did not take into account the increase in
property values over the years between the date of taking and
the date of settlement; and
(10) in addition to the financial compensation provided
under the settlement agreements referred to in paragraph (9)--
(A) the Yankton Sioux Tribe should receive an
aggregate amount equal to $23,023,743 for the loss value
of 2,851.40 acres of Indian land taken for the Fort
Randall Dam and Reservoir of the Pick-Sloan program; and
(B) the Santee Sioux Tribe should receive an
aggregate amount equal to $4,789,010 for the loss value
of 593.10 acres of Indian land located near the Santee
village.
SEC. 203. DEFINITIONS.
In this title:
(1) Indian tribe.--The term ``Indian tribe'' has the meaning
given that term in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e)).
(2) Santee sioux tribe.--The term ``Santee Sioux Tribe''
means the Santee Sioux Tribe of Nebraska.
(3) Yankton sioux tribe.--The term ``Yankton Sioux Tribe''
means the Yankton Sioux Tribe of South Dakota.
SEC. 204. YANKTON SIOUX TRIBE DEVELOPMENT TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Yankton Sioux Tribe
Development Trust Fund'' (referred to in this section as the ``Fund'').
The Fund shall consist of any amounts deposited in the Fund under this
title.
(b) Funding.--On the first day of the 11th fiscal year that begins
after the date of enactment of this Act, the Secretary of the Treasury
shall, from the General Fund of the Treasury, deposit into the Fund
established under subsection (a)--
[[Page 116 STAT. 2840]]
(1) $23,023,743; and
(2) an additional amount that equals the amount of interest
that would have accrued on the amount described in paragraph (1)
if such amount had been invested in interest-bearing obligations
of the United States, or in obligations guaranteed as to both
principal and interest by the United States, on the first day of
the first fiscal year that begins after the date of enactment of
this Act and compounded annually thereafter.
(c) Investment of Trust Fund.--It shall be the duty of the Secretary
of the Treasury to invest such portion of the Fund as is not, in the
Secretary of the Treasury's judgment, required to meet current
withdrawals. Such investments may be made only in interest-bearing
obligations of the United States or in obligations guaranteed as to both
principal and interest by the United States. The Secretary of the
Treasury shall deposit interest resulting from such investments into the
Fund.
(d) Payment of Interest to Tribe.--
(1) Withdrawal of interest.--Beginning on the first day of
the 11th fiscal year after the date of enactment of this Act
and, on the first day of each fiscal year thereafter, the
Secretary of the Treasury shall withdraw the aggregate amount of
interest deposited into the Fund for that fiscal year and
transfer that amount to the Secretary of the Interior for use in
accordance with paragraph (2). Each amount so transferred shall
be available without fiscal year limitation.
(2) Payments to yankton sioux tribe.--
(A) In general.--The Secretary of the Interior shall
use the amounts transferred under paragraph (1) only for
the purpose of making payments to the Yankton Sioux
Tribe, as such payments are requested by that Indian
tribe pursuant to tribal resolution.
(B) Limitation.--Payments may be made by the
Secretary of the Interior under subparagraph (A) only
after the Yankton Sioux Tribe has adopted a tribal plan
under section 206.
(C) Use of payments by yankton sioux tribe.--The
Yankton Sioux Tribe shall use the payments made under
subparagraph (A) only for carrying out projects and
programs under the tribal plan prepared under section
206.
(e) Transfers and Withdrawals.--Except as provided in subsections
(c) and (d)(1), the Secretary of the Treasury may not transfer or
withdraw any amount deposited under subsection (b).
SEC. 205. SANTEE SIOUX TRIBE DEVELOPMENT TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Santee Sioux Tribe Development
Trust Fund'' (referred to in this section as the ``Fund''). The Fund
shall consist of any amounts deposited in the Fund under this title.
(b) Funding.--On the first day of the 11th fiscal year that begins
after the date of enactment of this Act, the Secretary of the Treasury
shall, from the General Fund of the Treasury, deposit into the Fund
established under subsection (a)--
(1) $4,789,010; and
(2) an additional amount that equals the amount of interest
that would have accrued on the amount described in paragraph
[[Page 116 STAT. 2841]]
(1) if such amount had been invested in interest-bearing
obligations of the United States, or in obligations guaranteed
as to both principal and interest by the United States, on the
first day of the first fiscal year that begins after the date of
enactment of this Act and compounded annually thereafter.
(c) Investment of Trust Fund.--It shall be the duty of the Secretary
of the Treasury to invest such portion of the Fund as is not, in the
Secretary of the Treasury's judgment, required to meet current
withdrawals. Such investments may be made only in interest-bearing
obligations of the United States or in obligations guaranteed as to both
principal and interest by the United States. The Secretary of the
Treasury shall deposit interest resulting from such investments into the
Fund.
(d) Payment of Interest to Tribe.--
(1) Withdrawal of interest.--Beginning on the first day of
the 11th fiscal year after the date of enactment of this Act
and, on the first day of each fiscal year thereafter, the
Secretary of the Treasury shall withdraw the aggregate amount of
interest deposited into the Fund for that fiscal year and
transfer that amount to the Secretary of the Interior for use in
accordance with paragraph (2). Each amount so transferred shall
be available without fiscal year limitation.
(2) Payments to santee sioux tribe.--
(A) In general.--The Secretary of the Interior shall
use the amounts transferred under paragraph (1) only for
the purpose of making payments to the Santee Sioux
Tribe, as such payments are requested by that Indian
tribe pursuant to tribal resolution.
(B) Limitation.--Payments may be made by the
Secretary of the Interior under subparagraph (A) only
after the Santee Sioux Tribe has adopted a tribal plan
under section 206.
(C) Use of payments by santee sioux tribe.--The
Santee Sioux Tribe shall use the payments made under
subparagraph (A) only for carrying out projects and
programs under the tribal plan prepared under section
206.
(e) Transfers and Withdrawals.--Except as provided in subsections
(c) and (d)(1), the Secretary of the Treasury may not transfer or
withdraw any amount deposited under subsection (b).
SEC. 206. TRIBAL PLANS.
(a) In General.--Not <<NOTE: Deadline.>> later than 24 months after
the date of enactment of this Act, the tribal council of each of the
Yankton Sioux and Santee Sioux Tribes shall prepare a plan for the use
of the payments to the tribe under section 204(d) or 205(d) (referred to
in this subsection as a ``tribal plan'').
(b) Contents of Tribal Plan.--Each tribal plan shall provide for the
manner in which the tribe covered under the tribal plan shall expend
payments to the tribe under section 204(d) or 205(d) to promote--
(1) economic development;
(2) infrastructure development;
(3) the educational, health, recreational, and social
welfare objectives of the tribe and its members; or
(4) any combination of the activities described in
paragraphs (1), (2), and (3).
(c) Tribal Plan Review and Revision.--
[[Page 116 STAT. 2842]]
(1) In general.--Each tribal council referred to in
subsection (a) shall make available for review and comment by
the members of the tribe a copy of the tribal plan for the
Indian tribe before the tribal plan becomes final, in accordance
with procedures established by the tribal council.
(2) Updating of tribal plan.--Each tribal council referred
to in subsection (a) may, on an annual basis, revise the tribal
plan prepared by that tribal council to update the tribal plan.
In revising the tribal plan under this paragraph, the tribal
council shall provide the members of the tribe opportunity to
review and comment on any proposed revision to the tribal plan.
(3) Consultation.--In preparing the tribal plan and any
revisions to update the plan, each tribal council shall consult
with the Secretary of the Interior and the Secretary of Health
and Human Services.
(4) Annual reports.--Each tribe shall submit an annual
report to the Secretary describing any expenditures of funds
withdrawn by that tribe under this title.
(d) Prohibition on Per Capita Payments.--No portion of any payment
made under this title may be distributed to any member of the Yankton
Sioux Tribe or the Santee Sioux Tribe of Nebraska on a per capita basis.
SEC. 207. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND SERVICES.
(a) In General.--No payment made to the Yankton Sioux Tribe or
Santee Sioux Tribe pursuant to this title shall result in the reduction
or denial of any service or program to which, pursuant to Federal law--
(1) the Yankton Sioux Tribe or Santee Sioux Tribe is
otherwise entitled because of the status of the tribe as a
federally recognized Indian tribe; or
(2) any individual who is a member of a tribe under
paragraph (1) is entitled because of the status of the
individual as a member of the tribe.
(b) Exemptions From Taxation.--No payment made pursuant to this
title shall be subject to any Federal or State income tax.
(c) Power Rates.--No payment made pursuant to this title shall
affect Pick-Sloan Missouri River Basin power rates.
SEC. 208. STATUTORY CONSTRUCTION.
Nothing in this title may be construed as diminishing or affecting
any water right of an Indian tribe, except as specifically provided in
another provision of this title, any treaty right that is in effect on
the date of enactment of this Act, or any authority of the Secretary of
the Interior or the head of any other Federal agency under a law in
effect on the date of enactment of this Act.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title, including such sums as may be necessary for the
administration of the Yankton Sioux Tribe Development Trust Fund under
section 204 and the Santee Sioux Tribe Development Trust Fund under
section 205.
[[Page 116 STAT. 2843]]
SEC. 210. EXTINGUISHMENT OF CLAIMS.
Upon the deposit of funds under sections 204(b) and 205(b), all
monetary claims that the Yankton Sioux Tribe or the Santee Sioux Tribe
of Nebraska has or may have against the United States for loss of value
or use of land related to lands described in section 202(a)(10)
resulting from the Fort Randall and Gavins Point projects of the Pick-
Sloan Missouri River Basin program shall be extinguished.
TITLE III--OKLAHOMA NATIVE AMERICAN CULTURAL CENTER AND MUSEUM
SEC. 301. OKLAHOMA NATIVE AMERICAN CULTURAL CENTER AND MUSEUM.
(a) Findings.--Congress makes the following findings:
(1) In order to promote better understanding between Indian
and non-Indian citizens of the United States, and in light of
the Federal Government's continuing trust responsibilities to
Indian tribes, it is appropriate, desirable, and a proper
function of the Federal Government to provide grants for the
development of a museum designated to display the heritage and
culture of Indian tribes.
(2) In recognition of the unique status and history of
Indian tribes in the State of Oklahoma and the role of the
Federal Government in such history, it is appropriate and proper
for the museum referred to in paragraph (1) to be located in the
State of Oklahoma.
(b) Grant.--
(1) In general.--The Secretary shall offer to award
financial assistance equaling not more than $33,000,000 and
technical assistance to the Authority to be used for the
development and construction of a Native American Cultural
Center and Museum in Oklahoma City, Oklahoma.
(2) Agreement.--To be eligible to receive a grant under
paragraph (1), the appropriate official of the Authority shall--
(A) enter into a grant agreement with the Secretary
which shall specify the duties of the Authority under
this section, including provisions for continual
maintenance of the Center by the Authority without the
use of Federal funds; and
(B) demonstrate, to the satisfaction of the
Secretary, that the Authority has raised, or has
commitments from private persons or State or local
government agencies for, an amount that is equal to not
less than 66 percent of the cost to the Authority of the
activities to be carried out under the grant.
(3) Limitation.--The amount of any grant awarded under
paragraph (1) shall not exceed 33 percent of the cost of the
activities to be funded under the grant.
(4) In-kind contribution.--When calculating the cost share
of the Authority under this title, the Secretary shall reduce
such cost share obligation by the fair market value of the
approximately 300 acres of land donated by Oklahoma City for the
Center, if such land is used for the Center.
[[Page 116 STAT. 2844]]
(c) Definitions.--For the purposes of this title:
(1) Authority.--The term ``Authority'' means the Native
American Cultural and Educational Authority of Oklahoma, an
agency of the State of Oklahoma.
(2) Center.--The term ``Center'' means the Native American
Cultural Center and Museum authorized pursuant to this section.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to grant assistance under subsection
(b)(1), $8,250,000 for each of fiscal years 2003 through 2006.
TITLE IV--TRANSMISSION OF POWER FROM INDIAN LANDS IN OKLAHOMA
SEC. 401. TANSMISSION OF POWER FROM INDIAN LANDS IN OKLAHOMA.
To the extent the Southwestern Power Administration makes
transmission capacity available without replacing the present capacity
of existing users of the Administration's transmission system, the
Administrator of the Southwestern Power Administration shall take such
actions as may be necessary, in accordance with all applicable Federal
law, to make the transmission services of the Administration available
for the transmission of electric power generated at facilities located
on land within the jurisdictional area of any Oklahoma Indian tribe (as
determined by the Secretary of the Interior) recognized by the Secretary
as eligible for trust land status under part 151 of title 25, Code of
Federal Regulations. The owner or operator of the generation facilities
concerned shall reimburse the Administrator for all costs of such
actions in accordance with standards applicable to payment of such costs
by other users of the Southwestern Power Administration transmission
system.
TITLE V--PECHANGA TRIBE
SEC. 501. LAND OF PECHANGA BAND OF LUISENO MISSION INDIANS.
(a) Limitation on Conveyance.--Land described in subsection (b) (or
any interest in that land) shall not be voluntarily or involuntarily
transferred or otherwise made available for condemnation until the date
on which--
(1)(A) the Secretary of the Interior renders a final
decision on the fee to trust application pending on the date of
the enactment of this title concerning the land; and
(B) final decisions have been rendered regarding all appeals
relating to that application decision; or
(2) the fee to trust application described in paragraph
(1)(A) is withdrawn.
(b) Description of Land.--The land referred to in subsection (a) is
land located in Riverside County, California, that is held in fee by the
Pechanga Band of Luiseno Mission Indians, as described in Document No.
211130 of the Office of the Recorder, Riverside County, California, and
recorded on May 15, 2001.
[[Page 116 STAT. 2845]]
(c) Rule of Construction.--Nothing in this section designates, or
shall be used to construe, any land described in subsection (b) (or any
interest in that land) as an Indian reservation, Indian country, Indian
land, or reservation land (as those terms are defined under any Federal
law (including a regulation)) for any purpose under any Federal law.
TITLE VI--CHEROKEE, <<NOTE: Cherokee, Choctaw, and Chickasaw Nations
Claims Settlement Act.>> CHOCTAW, AND CHICKASAW NATIONS CLAIMS
SETTLEMENT ACT
SEC. 601. <<NOTE: 25 USC 1779 note.>> SHORT TITLE.
This title may be cited as the ``Cherokee, Choctaw, and Chickasaw
Nations Claims Settlement Act''.
SEC. 602. <<NOTE: 25 USC 1779.>> FINDINGS.
The Congress finds the following:
(1) It is the policy of the United States to promote tribal
self-determination and economic self-sufficiency and to
encourage the resolution of disputes over historical claims
through mutually agreed-to settlements between Indian Nations
and the United States.
(2) There are pending before the United States Court of
Federal Claims certain lawsuits against the United States
brought by the Cherokee, Choctaw, and Chickasaw Nations seeking
monetary damages for the alleged use and mismanagement of tribal
resources along the Arkansas River in eastern Oklahoma.
(3) The Cherokee Nation, a federally recognized Indian tribe
with its present tribal headquarters south of Tahlequah,
Oklahoma, having adopted its most recent constitution on June
26, 1976, and having entered into various treaties with the
United States, including but not limited to the Treaty at
Hopewell, executed on November 28, 1785 (7 Stat. 18), and the
Treaty at Washington, D.C., executed on July 19, 1866 (14 Stat.
799), has maintained a continuous government-to-government
relationship with the United States since the earliest years of
the Union.
(4) The Choctaw Nation, a federally recognized Indian tribe
with its present tribal headquarters in Durant, Oklahoma, having
adopted its most recent constitution on July 9, 1983, and having
entered into various treaties with the United States of America,
including but not limited to the Treaty at Hopewell, executed on
January 3, 1786 (7 Stat. 21), and the Treaty at Washington,
D.C., executed on April 28, 1866 (7 Stat. 21), has maintained a
continuous government-to-government relationship with the United
States since the earliest years of the Union.
(5) The Chickasaw Nation, a federally recognized Indian
tribe with its present tribal headquarters in Ada, Oklahoma,
having adopted its most recent constitution on August 27, 1983,
and having entered into various treaties with the United States
of America, including but not limited to the Treaty at Hopewell,
executed on January 10, 1786 (7 Stat. 24), and the Treaty at
Washington, D.C., executed on April 28, 1866 (7 Stat. 21),
[[Page 116 STAT. 2846]]
has maintained a continuous government-to-government
relationship with the United States since the earliest years of
the Union.
(6) In the first half of the 19th century, the Cherokee,
Choctaw, and Chickasaw Nations were forcibly removed from their
homelands in the southeastern United States to lands west of the
Mississippi in the Indian Territory that were ceded to them by
the United States. From the ``Three Forks'' area near present
day Muskogee, Oklahoma, downstream to the point of confluence
with the Canadian River, the Arkansas River flowed entirely
within the territory of the Cherokee Nation. From that point of
confluence downstream to the Arkansas territorial line, the
Arkansas River formed the boundary between the Cherokee Nation
on the left side of the thread of the river and the Choctaw and
Chickasaw Nations on the right.
(7) Pursuant to the Act of April 30, 1906 (34 Stat. 137),
tribal property not allotted to individuals or otherwise
disposed of, including the bed and banks of the Arkansas River,
passed to the United States in trust for the use and benefit of
the respective Indian Nations in accordance with their
respective interests therein.
(8) For more than 60 years after Oklahoma statehood, the
Bureau of Indian Affairs believed that Oklahoma owned the
Riverbed from the Arkansas State line to Three Forks, and
therefore took no action to protect the Indian Nations' Riverbed
resources such as oil, gas, and Drybed Lands suitable for
grazing and agriculture.
(9) Third parties with property near the Arkansas River
began to occupy the Indian Nations' Drybed Lands--lands that
were under water at the time of statehood but that are now dry
due to changes in the course of the river.
(10) In 1966, the Indian Nations sued the State of Oklahoma
to recover their lands. In 1970, the Supreme Court of the United
States decided in the case of Choctaw Nation vs. Oklahoma (396
U.S. 620), that the Indian Nations retained title to their
respective portions of the Riverbed along the navigable reach of
the river.
(11) In 1987, the Supreme Court of the United States in the
case of United States vs. Cherokee Nation (480 U.S. 700) decided
that the riverbed lands did not gain an exemption from the
Federal Government's navigational servitude and that the
Cherokee Nation had no right to compensation for damage to its
interest by exercise of the Government's servitude.
(12) In 1989, the Indian Nations filed lawsuits against the
United States in the United States Court of Federal Claims (Case
Nos. 218-89L and 630-89L), seeking damages for the United
States' use and mismanagement of tribal trust resources along
the Arkansas River. Those actions are still pending.
(13) In 1997, the United States filed quiet title litigation
against individuals occupying some of the Indian Nations' Drybed
Lands. That action, filed in the United States District Court
for the Eastern District of Oklahoma, was dismissed without
prejudice on technical grounds.
(14) Much of the Indian Nations' Drybed Lands have been
occupied by a large number of adjacent landowners in Oklahoma.
Without Federal legislation, further litigation against
[[Page 116 STAT. 2847]]
thousands of such landowners would be likely and any final
resolution of disputes would take many years and entail great
expense to the United States, the Indian Nations, and the
individuals and entities occupying the Drybed Lands and would
seriously impair long-term economic planning and development for
all parties.
(15) The Councils of the Cherokee and Choctaw Nations and
the Legislature of the Chickasaw Nation have each enacted tribal
resolutions which would, contingent upon the passage of this
title and the satisfaction of its terms and in exchange for the
moneys appropriated hereunder--
(A) settle and forever release their respective
claims against the United States asserted by them in
United States Court of Federal Claims Case Nos. 218-89L
and 630-89L; and
(B) forever disclaim any and all right, title, and
interest in and to the Disclaimed Drybed Lands, as set
forth in those enactments of the respective councils of
the Indian Nations.
(16) The resolutions adopted by the respective Councils of
the Cherokee, Choctaw, and Chickasaw Nations each provide that,
contingent upon the passage of the settlement legislation and
satisfaction of its terms, each Indian Nation agrees to dismiss,
release, and forever discharge its claims asserted against the
United States in the United States Court of Federal Claims, Case
Nos. 218-89L and 630-89L, and to forever disclaim any right,
title, or interest of the Indian Nation in the Disclaimed Drybed
Lands, in exchange for the funds appropriated and allocated to
the Indian Nation under the provisions of the settlement
legislation, which funds the Indian Nation agrees to accept in
full satisfaction and settlement of all claims against the
United States for the damages sought in the aforementioned
claims asserted in the United States Court of Federal Claims,
and as full and fair compensation for disclaiming its right,
title, and interest in the Disclaimed Drybed Lands.
(17) In those resolutions, each Indian Nation expressly
reserved all of its beneficial interest and title to all other
Riverbed lands, including minerals, as determined by the Supreme
Court in Choctaw Nation v. Oklahoma, 397 U.S. 620 (1970), and
further reserved any and all right, title, or interest that each
Nation may have in and to the water flowing in the Arkansas
River and its tributaries.
SEC. 603. <<NOTE: 25 USC 1779a.>> PURPOSES.
The purposes of this title are to resolve all claims that have been
or could have been brought by the Cherokee, Choctaw, and Chickasaw
Nations against the United States, and to confirm that the Indian
Nations are forever disclaiming any right, title, or interest in the
Disclaimed Drybed Lands, which are contiguous to the channel of the
Arkansas River as of the date of the enactment of this title in certain
townships in eastern Oklahoma.
SEC. 604. <<NOTE: 25 USC 1779b.>> DEFINITIONS.
For the purposes of this title, the following definitions apply:
(1) Disclaimed drybed lands.--The term ``Disclaimed Drybed
Lands'' means all Drybed Lands along the Arkansas River that are
located in Township 10 North in Range 24 East, Townships 9 and
10 North in Range 25 East, Township
[[Page 116 STAT. 2848]]
10 North in Range 26 East, and Townships 10 and 11 North in
Range 27 East, in the State of Oklahoma.
(2) Drybed lands.--The term ``Drybed Lands'' means those
lands which, on the date of enactment of this title, lie above
and contiguous to the mean high water mark of the Arkansas River
in the State of Oklahoma. The term ``Drybed Lands'' is intended
to have the same meaning as the term ``Upland Claim Area'' as
used by the Bureau of Land Management Cadastral Survey
Geographic Team in its preliminary survey of the Arkansas River.
The term ``Drybed Lands'' includes any lands so identified in
the ``Holway study.''
(3) Indian nation; indian nations.--The term ``Indian
Nation'' means the Cherokee Nation, Choctaw Nation, or Chickasaw
Nation, and the term ``Indian Nations'' means all 3 tribes
collectively.
(4) Riverbed.--The term ``Riverbed'' means the Drybed Lands
and the Wetbed Lands and includes all minerals therein.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Wetbed lands.--The term ``Wetbed Lands'' means those
Riverbed lands which lie below the mean high water mark of the
Arkansas River in the State of Oklahoma as of the date of the
enactment of this title, exclusive of the Drybed Lands. The term
``Wetbed Lands'' is intended to have the same meaning as the
term ``Present Channel Claim Areas'' as utilized by the Bureau
of Land Management Cadastral Survey Geographic Team in its
preliminary survey of the Arkansas River.
SEC. 605. SETTLEMENT <<NOTE: 25 USC 1779c.>> AND CLAIMS;
APPROPRIATIONS; ALLOCATION OF FUNDS.
(a) Extinguishment of Claims.--Pursuant to their respective tribal
resolutions, and in exchange for the benefits conferred under this
title, the Indian Nations shall, on the date of enactment of this title,
enter into a consent decree with the United States that waives,
releases, and dismisses all the claims they have asserted or could have
asserted in their cases numbered 218-89L and 630-89L pending in the
United States Court of Federal Claims against the United States,
including but not limited to claims arising out of any and all of the
Indian Nations' interests in the Disclaimed Drybed Lands and arising out
of construction, maintenance and operation of the McClellan-Kerr
Navigation Way. The Indian Nations and the United States shall lodge the
consent decree with the Court of Federal Claims within 30 days of the
enactment of this title, and shall move for entry of the consent decree
at such time as all appropriations by Congress pursuant to the authority
of this title have been made and deposited into the appropriate tribal
trust fund account of the Indian Nations as described in section 606.
Upon entry of the consent decree, all the Indian Nations' claims and all
their past, present, and future right, title, and interest to the
Disclaimed Drybed Lands, shall be deemed extinguished. No claims may be
asserted in the future against the United States pursuant to sections
1491, 1346(a)(2), or 1505 of title 28, United States Code, for actions
taken or failed to have been taken by the United States for events
occurring prior to the date of the extinguishment of claims with respect
to the Riverbed.
[[Page 116 STAT. 2849]]
(b) Release of Tribal Claims to Certain Drybed Lands.--
(1) In general.--Upon the deposit of all funds authorized
for appropriation under subsection (c) for an Indian Nation into
the appropriate trust fund account described in section 606--
(A) all claims now existing or which may arise in
the future with respect to the Disclaimed Drybed Lands
and all right, title, and interest that the Indian
Nations and the United States as trustee on behalf of
the Indian Nation may have to the Disclaimed Drybed
Lands, shall be deemed extinguished;
(B) any interest of the Indian Nations or the United
States as trustee on their behalf in the Disclaimed
Drybed Lands shall further be extinguished pursuant to
the Trade and Intercourse Act of 1790, Act of July 22,
1790 (ch. 33, 1 Stat. 137), and all subsequent
amendments thereto (as codified at 25 U.S.C. 177);
(C) to the extent parties other than the Indian
Nations have transferred interests in the Disclaimed
Drybed Lands in violation of the Trade and Intercourse
Act, Congress does hereby approve and ratify such
transfers of interests in the Disclaimed Drybed Lands to
the extent that such transfers otherwise are valid under
law; and
(D) the Secretary is authorized to execute an
appropriate document citing this title, suitable for
filing with the county clerks, or such other county
official as appropriate, of those counties wherein the
foregoing described lands are located, disclaiming any
tribal or Federal interest on behalf of the Indian
Nations in such Disclaimed Drybed Lands. The Secretary
is authorized to file with the counties a plat or map of
the disclaimed lands should the Secretary determine that
such filing will clarify the extent of lands disclaimed.
Such a plat or map may be filed regardless of whether
the map or plat has been previously approved for filing,
whether or not the map or plat has been filed, and
regardless of whether the map or plat constitutes a
final determination by the Secretary of the extent of
the Indian Nations' original claim to the Disclaimed
Drybed Lands. The disclaimer filed by the United States
shall constitute a disclaimer of the Disclaimed Drybed
Lands for purposes of the Trade and Intercourse Act (25
U.S.C. 177).
(2) Special provisions.--Notwithstanding any provision of
this title--
(A) the Indian Nations do not relinquish any right,
title, or interest in any lands which constitute the
Wetbed Lands subject to the navigational servitude
exercised by the United States on the Wetbed Lands. By
virtue of the exercise of the navigational servitude,
the United States shall not be liable to the Indian
Nations for any loss they may have related to the
minerals in the Wetbed Lands;
(B) no provision of this title shall be construed to
extinguish or convey any water rights of the Indian
Nations in the Arkansas River or any other stream or the
beneficial interests or title of any of the Indian
Nations in and to lands held in trust by the United
States on the date of
[[Page 116 STAT. 2850]]
enactment of this title which lie above or below the
mean high water mark of the Arkansas River, except for
the Disclaimed Drybed Lands; and
(C) the Indian Nations do not relinquish any right,
title, or interest in any lands or minerals of certain
unallotted tracts which are identified in the official
records of the Eastern Oklahoma Regional Office, Bureau
of Indian Affairs. The disclaimer to be filed by the
Secretary of the Interior under section 605(b)(1) of
this title shall reflect the legal description of the
unallotted tracts retained by the Nations.
(3) Setoff.--In the event the Court of Federal Claims does
not enter the consent decree as set forth in subsection (a), the
United States shall be entitled to setoff against any claims of
the Indian Nations as set forth in subsection (a), any funds
transferred to the Indian Nations pursuant to section 606, and
any interest accrued thereon up to the date of setoff.
(4) Quiet title actions.--Notwithstanding any other
provision of law, neither the United States nor any department
of the United States nor the Indian Nations shall be made
parties to any quiet title lawsuit or other lawsuit to determine
ownership of or an interest in the Disclaimed Drybed Lands
initiated by any private person or private entity after
execution of the disclaimer set out in section 605(b)(1). The
United States will have no obligation to undertake any future
quiet title actions or actions for the recovery of lands or
funds relating to any Drybed Lands retained by the Indian Nation
or Indian Nations under this title, including any lands which
are Wetbed Lands on the date of enactment of this title, but
which subsequently lie above the mean high water mark of the
Arkansas River and the failure or declination to initiate any
quiet title action or to manage any such Drybed Lands shall not
constitute a breach of trust by the United States or be
compensable to the Indian Nation or Indian Nations in any
manner.
(5) Land to be conveyed in fee.--To the extent that the
United States determines that it is able to effectively maintain
the McClellan-Kerr Navigation Way without retaining title to
lands above the high water mark of the Arkansas River as of the
date of enactment of this title, said lands, after being
declared surplus, shall be conveyed in fee to the Indian Nation
within whose boundary the land is located. The United States
shall not be obligated to accept such property in trust.
(c) Authorization for Settlement Appropriations.--There is
authorized to be appropriated an aggregate sum of $40,000,000 as
follows:
(1) $10,000,000 for fiscal year 2004.
(2) $10,000,000 for fiscal year 2005.
(3) $10,000,000 for fiscal year 2006.
(4) $10,000,000 for fiscal year 2007.
(d) Allocation and Deposit of Funds.--After payment pursuant to
section 607, the remaining funds authorized for appropriation under
subsection (c) shall be allocated among the Indian Nations as follows:
(1) 50 percent to be deposited into the trust fund account
established under section 606 for the Cherokee Nation.
(2) 37.5 percent to be deposited into the trust fund account
established under section 606 for the Choctaw Nation.
[[Page 116 STAT. 2851]]
(3) 12.5 percent to be deposited into the trust fund account
established under section 606 for the Chickasaw Nation.
SEC. 606. <<NOTE: 25 USC 1779d.>> TRIBAL TRUST FUNDS.
(a) Establishment, Purpose, and Management of Trust Funds.--
(1) Establishment.--There are hereby established in the
United States Treasury 3 separate tribal trust fund accounts for
the benefit of each of the Indian Nations, respectively, for the
purpose of receiving all appropriations made pursuant to section
605(c), and allocated pursuant to section 605(d).
(2) Availability of amounts in trust fund accounts.--Amounts
in the tribal trust fund accounts established by this section
shall be available to the Secretary for management and
investment on behalf of the Indian Nations and distribution to
the Indian Nations in accordance with this title. Funds made
available from the tribal trust funds under this section shall
be available without fiscal year limitation.
(b) Management of Funds.--
(1) Land acquisition.--
(A) Trust land status pursuant to regulations.--The
funds appropriated and allocated to the Indian Nations
pursuant to sections 205 (c) and (d), and deposited into
trust fund accounts pursuant to section 606(a), together
with any interest earned thereon, may be used for the
acquisition of land by the Indian Nations. The Secretary
may accept such lands into trust for the beneficiary
Indian Nation pursuant to the authority provided in
section 5 of the Act of June 18, 1934 (25 U.S.C. 465)
and in accordance with the Secretary's trust land
acquisition regulations at part 151 of title 25, Code of
Federal Regulations, in effect at the time of the
acquisition, except for those acquisitions covered by
paragraph (1)(B).
(B) Required trust land status.--Any such trust land
acquisitions on behalf of the Cherokee Nation shall be
mandatory if the land proposed to be acquired is located
within Township 12 North, Range 21 East, in Sequoyah
County, Township 11 North, Range 18 East, in McIntosh
County, Townships 11 and 12 North, Range 19 East, or
Township 12 North, Range 20 East, in Muskogee County,
Oklahoma, and not within the limits of any incorporated
municipality as of January 1, 2002, if--
(i) the land proposed to be acquired meets the
Department of the Interior's minimum environmental
standards and requirements for real estate
acquisitions set forth in 602 DM 2.6, or any
similar successor standards or requirements for
real estate acquisitions in effect on the date of
acquisition; and
(ii) the title to such land meets applicable
Federal title standards in effect on the date of
the acquisition.
(C) Other expenditure of funds.--The Indian Nations
may elect to expend all or a portion of the funds
deposited into its trust account for any other purposes
authorized under paragraph (2).
(2) Investment of trust funds; no per capita payment.--
[[Page 116 STAT. 2852]]
(A) No per capita payments.--No money received by
the Indian Nations hereunder may be used for any per
capita payment.
(B) Investment by secretary.--Except as provided in
this section and section 607, the principal of such
funds deposited into the accounts established hereunder
and any interest earned thereon shall be invested by the
Secretary in accordance with current laws and
regulations for the investing of tribal trust funds.
(C) Use of principal funds.--The principal amounts
of said funds and any amounts earned thereon shall be
made available to the Indian Nation for which the
account was established for expenditure for purposes
which may include construction or repair of health care
facilities, law enforcement, cultural or other
educational activities, economic development, social
services, and land acquisition. Land acquisition using
such funds shall be subject to the provisions of
subsections (b) and (d).
(3) Disbursement of funds.--The Secretary shall disburse the
funds from a trust account established under this section
pursuant to a budget adopted by the Council or Legislature of
the Indian Nation setting forth the amount and an intended use
of such funds.
(4) Additional restriction on use of funds.--None of the
funds made available under this title may be allocated or
otherwise assigned to authorized purposes of the Arkansas River
Multipurpose Project as authorized by the River and Harbor Act
of 1946, as amended by the Flood Control Act of 1948 and the
Flood Control Act of 1950.
SEC. 607. <<NOTE: 25 USC 1779e.>> ATTORNEY FEES.
(a) Payment.--At the time the funds are paid to the Indian Nations,
from funds authorized to be appropriated pursuant to section 605(c), the
Secretary shall pay to the Indian Nations' attorneys those fees provided
for in the individual tribal attorney fee contracts as approved by the
respective Indian Nations.
(b) Limitations.--Notwithstanding subsection (a), the total fees
payable to attorneys under such contracts with an Indian Nation shall
not exceed 10 percent of that Indian Nation's allocation of funds
appropriated under section 605(c).
SEC. 608. <<NOTE: 25 USC 1779f.>> RELEASE OF OTHER TRIBAL CLAIMS AND
FILING OF CLAIMS.
(a) Extinguishment of Other Tribal Claims.--
(1) In general.--As of the date of enactment of this title--
(A) all right, title, and interest of any Indian
nation or tribe other than any Indian Nation defined in
section 604 (referred to in this section and section 609
as a ``claimant tribe'') in or to the Disclaimed Drybed
Lands, and any such right, title, or interest held by
the United States on behalf of such a claimant tribe,
shall be considered to be extinguished in accordance
with section 177 of title 25, United States Code
(section 2116 of the Revised Statutes);
(B) if any party other than a claimant tribe holds
transferred interests in or to the Disclaimed Drybed
Lands in violation of section 177 of title 25, United
States Code (section 2116 of the Revised Statutes),
Congress approves and ratifies those transfers of
interests to the extent that
[[Page 116 STAT. 2853]]
the transfers are in accordance with other applicable
law; and
(C) the documents described in section 605(b)(1)(D)
shall serve to identify the geographic scope of the
interests extinguished by subparagraph (A).
(2) Quiet title actions.--
(A) In general.--Notwithstanding any other provision
of law, after the date of enactment of this title,
neither the United States (or any department or agency
of the United States) nor any Indian Nation shall be
included as a party to any civil action brought by any
private person or private entity to quiet title to, or
determine ownership of an interest in or to, the
Disclaimed Drybed Lands.
(B) Future actions.--As of the date of enactment of
this title, the United States shall have no obligation
to bring any civil action to quiet title to, or to
recover any land or funds relating to, the Drybed Lands
(including any lands that are Wetbed Lands as of the
date of enactment of this title but that are located at
any time after that date above the mean high water mark
of the Arkansas River).
(C) No breach of trust.--The failure or declination
by the United States to initiate any civil action to
quiet title to or manage any Drybed Lands under this
paragraph shall not--
(i) constitute a breach of trust by the United
States; or
(ii) be compensable to a claimant tribe in any
manner.
(b) Claims of Other Indian Tribes.--
(1) Limited period for filing claims.--
(A) In <<NOTE: Deadline.>> general.--Not later than
180 days after the date of enactment of this title, any
claimant tribe that claims that any title, interest, or
entitlement held by the claimant tribe has been
extinguished by operation of section 605(a) or section
608(a) may file a claim against the United States
relating to the extinguishment in the United States
Court of Federal Claims.
(B) Failure to file.--After the date described in
subparagraph (A), a claimant tribe described in that
subparagraph shall be barred from filing any claim
described in that subparagraph.
(2) Special holding account.--
(A) Establishment.--There is established in the
Treasury, in addition to the accounts established by
section 606(a), an interest-bearing special holding
account for the benefit of the Indian Nations.
(B) Deposits.--Notwithstanding any other provision
of this title or any other law, of any funds that would
otherwise be deposited in a tribal trust account
established by section 606(a), 10 percent shall--
(i) be deposited in the special holding
account established by subparagraph (A); and
(ii) be held in that account for distribution
under paragraph (3).
(3) Distribution of funds.--
[[Page 116 STAT. 2854]]
(A) In general.--Funds deposited in the special
holding account established by paragraph (2)(A) shall be
distributed in accordance with subparagraphs (B) through
(D).
(B) Claim filed.--If a claim under paragraph (1)(A)
is filed by the deadline specified in that paragraph, on
final adjudication of that claim--
(i) if the final judgment awards to a claimant
an amount that does not exceed the amount of funds
in the special holding account under paragraph (2)
attributable to the Indian Nation from the
allocation of which under section 605(d) the funds
in the special holding account are derived--
(I) that amount shall be distributed
from the special holding account to the
claimant tribe that filed the claim; and
(II) any remaining amount in the
special holding account attributable to
the claim shall be transferred to the
appropriate tribal trust account for the
Indian Nation established by section
606(a); and
(ii) if the final judgment awards to a
claimant an amount that exceeds the amount of
funds in the special holding account attributable
to the Indian Nation from the allocation of which
under section 605(d) the funds in the special
holding account are derived--
(I) the balance of funds in the
special holding account attributable to
the Indian Nation shall be distributed
to the claimant tribe that filed the
claim; and
(II) payment of the remainder of the
judgment amount awarded to the claimant
tribe shall be made from the permanent
judgment appropriation established
pursuant to section 1304 of title 31,
United States Code.
(C) No claims filed.--If no claims under paragraph
(1)(A) are filed by the deadline specified in that
paragraph--
(i) any funds held in the special holding
account under paragraph (2) and attributed to that
Indian Nation shall be deposited in the
appropriate tribal trust account established by
section 6(a); and
(ii) after the date that is 180 days after the
date of enactment of this title, paragraph (2)(B)
shall not apply to appropriations attributed to
that Indian Nation.
(c) Declaration With Respect to Scope of Rights, Title, and
Interests.--Congress declares that--
(1) subsection (b) is intended only to establish a process
by which alleged claims may be resolved; and
(2) nothing in this section acknowledges, enhances, or
establishes any prior right, title, or interest of any claimant
tribe in or to the Arkansas Riverbed.
[[Page 116 STAT. 2855]]
SEC. 609. <<NOTE: 25 USC 1779g.>> EFFECT ON CLAIMS.
This title shall not be construed to resolve any right, title, or
interest of any Indian nation or of any claimant tribe, except their
past, present, or future claims relating to right, title, or interest in
or to the Riverbed and the obligations and liabilities of the United
States thereto.
TITLE VII--SEMINOLE TRIBE
SEC. 701. APPROVAL NOT REQUIRED TO VALIDATE CERTAIN LAND
TRANSACTIONS.
(a) Transactions.--The Seminole Tribe of Florida may mortgage,
lease, sell, convey, warrant, or otherwise transfer all or any part of
any interest in any real property that--
(1) was held by the Tribe on September 1, 2002; and
(2) is not held in trust by the United States for the
benefit of the Tribe.
(b) No Further Approval Required.--Transactions under subsection (a)
shall be valid without further approval, ratification, or authorization
by the United States.
(c) Trust Land Not Affected.--Nothing in this section is intended or
shall be construed to--
(1) authorize the Seminole Tribe of Florida to mortgage,
lease, sell, convey, warrant, or otherwise transfer all or any
part of an interest in any real property that is held in trust
by the United States for the benefit of the Tribe; or
(2) affect the operation of any law governing mortgaging,
leasing, selling, conveying, warranting, or otherwise
transferring any interest in such trust land.
TITLE <<NOTE: Jicarilla Apache Reservation Rural Water System Act. New
Mexico.>> VIII--JICARILLA APACHE RESERVATION RURAL WATER SYSTEM
SEC. 801. SHORT TITLE.
This title may be cited as the ``Jicarilla Apache Reservation Rural
Water System Act''.
SEC. 802. PURPOSES.
The purposes of this title are as follows:
(1) To ensure a safe and adequate rural, municipal, and
water supply and wastewater systems for the residents of the
Jicarilla Apache Reservation in the State of New Mexico in
accordance with Public Law 106-243.
(2) To authorize the Secretary of the Interior, through the
Bureau of Reclamation, in consultation and collaboration with
the Jicarilla Apache Nation--
(A) to plan, design, and construct the water supply,
delivery, and wastewater collection systems on the
Jicarilla Apache Reservation in the State of New Mexico;
and
(B) to include service connections to facilities
within the town of Dulce and the surrounding area, and
to individuals as part of the construction.
(3) To require the Secretary, at the request of the
Jicarilla Apache Nation, to enter into a self-determination
contract with the Jicarilla Apache Nation under title I of the
Indian Self-
[[Page 116 STAT. 2856]]
Determination and Education Assistance Act (25 U.S.C. 450f et
seq.) under which--
(A) the Jicarilla Apache Nation shall plan, design,
and construct the water supply, delivery, and wastewater
collection systems, including service connections to
communities and individuals; and
(B) the Bureau of Reclamation shall provide
technical assistance and oversight responsibility for
such project.
(4) To establish a process in which the Jicarilla Apache
Nation shall assume title and responsibility for the ownership,
operation, maintenance, and replacement of the system.
SEC. 803. DEFINITIONS.
As used in this title:
(1) BIA.--The term ``BIA'' means the Bureau of Indian
Affairs, an agency within the Department of the Interior.
(2) Irrigation.--The term ``irrigation'' means the
commercial application of water to land for the purpose of
establishing or maintaining commercial agriculture in order to
produce field crops and vegetables for sale.
(3) Reclamation.--The term ``Reclamation'' means the Bureau
of Reclamation, an agency within the Department of the Interior.
(4) Report.--The term ``Report'' means the report entitled
``Planning Report/Environmental Assessment, Water and Wastewater
Improvements, Jicarilla Apache Nation, Dulce, New Mexico'',
dated September 2001, which was completed pursuant to Public Law
106-243.
(5) Reservation.--The term ``Reservation'' means the
Jicarilla Apache Reservation in the State of New Mexico,
including all lands and interests in land that are held in trust
by the United States for the Tribe.
(6) Rural water supply project.--The term ``Rural Water
Supply Project'' means a municipal, domestic, rural, and
industrial water supply and wastewater facility area and project
identified to serve a group of towns, communities, cities,
tribal reservations, or dispersed farmsteads with access to
clean, safe domestic and industrial water, to include the use of
livestock.
(7) State.--The term ``State'' means the State of New
Mexico.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Reclamation.
(9) Tribe.--The term ``Tribe'' means the Jicarilla Apache
Nation.
SEC. 804. JICARILLA APACHE RESERVATION RURAL WATER SYSTEM.
(a) Construction.--The Secretary, in consultation and collaboration
with the Tribe, shall plan, design, and construct the Rural Water Supply
Project to improve the water supply, delivery, and wastewater facilities
to the town of Dulce, New Mexico, and surrounding communities for the
purpose of providing the benefits of clean, safe, and reliable water
supply, delivery, and wastewater facilities.
(b) Scope of Project.--The Rural Water Supply Project shall consist
of the following:
(1) Facilities to provide water supply, delivery, and
wastewater services for the community of Dulce, the Mundo Ranch
Development, and surrounding areas on the Reservation.
[[Page 116 STAT. 2857]]
(2) Pumping and treatment facilities located on the
Reservation.
(3) Distribution, collection, and treatment facilities to
serve the needs of the Reservation, including, but not limited
to, construction, replacement, improvement, and repair of
existing water and wastewater systems, including systems owned
by individual tribal members and other residents on the
Reservation.
(4) Appurtenant buildings and access roads.
(5) Necessary property and property rights.
(6) Such other electrical power transmission and
distribution facilities, pipelines, pumping plants, and
facilities as the Secretary deems necessary or appropriate to
meet the water supply, economic, public health, and
environmental needs of the Reservation, including, but not
limited to, water storage tanks, water lines, maintenance
equipment, and other facilities for the Tribe on the
Reservation.
(c) Cost Sharing.--
(1) Tribal share.--Subject to paragraph (3) and subsection
(d), the tribal share of the cost of the Rural Water Supply
Project is comprised of the costs to design and initiate
construction of the wastewater treatment plant, to replace the
diversion structure on the Navajo River, and to construct raw
water settling ponds, a water treatment plant, water storage
plants, a water transmission pipeline, and distribution
pipelines, and has been satisfied.
(2) Federal share.--Subject to paragraph (3) and subsection
(d), the Federal share of the cost of the Rural Water Supply
Project shall be all remaining costs of the project identified
in the Report.
(3) Operation and maintenance.--The Federal share of the
cost of operation and maintenance of the Rural Water Supply
Project shall continue to be available for operation and
maintenance in accordance with the Indian Self-Determination
Act, as set forth in this title.
(d) Operation, Maintenance, and Replacement After Completion.--Upon
determination by the Secretary that the Rural Water Supply Project is
substantially complete, the Tribe shall assume responsibility for and
liability related to the annual operation, maintenance, and replacement
cost of the project in accordance with this title and the Operation,
Maintenance, and Replacement Plan under chapter IV of the Report.
SEC. 805. GENERAL AUTHORITY.
The Secretary is authorized to enter into contracts, grants,
cooperative agreements, and other such agreements and to promulgate such
regulations as may be necessary to carry out the purposes and provisions
of this title and the Indian Self-Determination Act (Public Law 93-638;
25 U.S.C. 450 et seq.).
SEC. 806. PROJECT REQUIREMENTS.
(a) Plans.--
(1) Project plan.--Not <<NOTE: Deadline.>> later than 60
days after funds are made available for this purpose, the
Secretary shall prepare a recommended project plan, which shall
include a general map showing the location of the proposed
physical facilities, conceptual engineering drawings of
structures, and general standards for design for the Rural Water
Supply Project.
[[Page 116 STAT. 2858]]
(2) OM&R plan.--The Tribe shall develop an operation,
maintenance, and replacement plan, which shall provide the
necessary framework to assist the Tribe in establishing rates
and fees for customers of the Rural Water Supply Project.
(b) Construction Manager.--The Secretary, through Reclamation and in
consultation with the Tribe, shall select a project construction manager
to work with the Tribe in the planning, design, and construction of the
Rural Water Supply Project.
(c) Memorandum of Agreement.--The Secretary shall enter into a
memorandum of agreement with the Tribe that commits Reclamation and BIA
to a transition plan that addresses operations and maintenance of the
Rural Water Supply Project while the facilities are under construction
and after completion of construction.
(d) Oversight.--The Secretary shall have oversight responsibility
with the Tribe and its constructing entity and shall incorporate value
engineering analysis as appropriate to the Rural Water Supply Project.
(e) Technical Assistance.--The Secretary shall provide such
technical assistance as may be necessary to the Tribe to plan, develop,
and construct the Rural Water Supply Project, including, but not limited
to, operation and management training.
(f) Service Area.--The service area of the Rural Water Supply
Project shall be within the boundaries of the Reservation.
(g) Other Law.--The planning, design, construction, operation, and
maintenance of the Rural Water Supply Project shall be subject to the
provisions of the Indian Self-Determination Act (25 U.S.C. 450 et seq.).
(h) Report.--During the year that construction of the Rural Water
Supply Project begins and annually until such construction is completed,
the Secretary, through Reclamation and in consultation with the Tribe,
shall report to Congress on the status of the planning, design, and
construction of the Rural Water Supply Project.
(i) Title.--Title to the Rural Water Supply Project shall be held in
trust for the Tribe by the United States and shall not be transferred or
encumbered without a subsequent Act of Congress.
SEC. 807. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry out
this title $45,000,000 (January 2002 dollars) plus or minus such
amounts, if any, as may be justified by reason of changes in
construction costs as indicated by engineering cost indexes applicable
to the types of construction involved for the planning, design, and
construction of the Rural Water Supply Project as generally described in
the Report dated September 2001.
(b) Conditions.--Funds may not be appropriated for the construction
of any project authorized under this title until after--
(1) an appraisal investigation and a feasibility study have
been completed by the Secretary and the Tribe; and
(2) the Secretary has determined that the plan required by
section 806(a)(2) is completed.
(c) NEPA.--The Secretary shall not obligate funds for construction
until after the requirements of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) are met with respect to the Rural Water
Supply Project.
[[Page 116 STAT. 2859]]
SEC. 808. PROHIBITION ON USE OF FUNDS FOR IRRIGATION PURPOSES.
None of the funds made available to the Secretary for planning or
construction of the Rural Water Supply Project may be used to plan or
construct facilities used to supply water for the purposes of
irrigation.
SEC. 809. WATER RIGHTS.
The water rights of the Tribe are part of and included in the
Jicarilla Apache Tribe Water Rights Settlement Act (Public Law 102-441).
These rights are adjudicated under New Mexico State law as a partial
final judgment and decree entered in the Eleventh Judicial District
Court of New Mexico. That Act and decree provide for sufficient water
rights under ``historic and existing uses'' to supply water for the
municipal water system. These water rights are recognized depletions
within the San Juan River basin and no new depletions are associated
with the Rural Water Supply Project. In consultation with the United
States Fish and Wildlife Service, Reclamation has determined that there
shall be no significant impact to endangered species as a result of
water depletions associated with this project. No other water rights of
the Tribe shall be impacted by the Rural Water Supply Project.
TITLE IX--ROCKY <<NOTE: Rocky Boy's/North Central Montana Regional Water
System Act of 2002.>> BOY'S RURAL WATER SYSTEM
SEC. 901. SHORT TITLE.
This title may be cited as the ``Rocky Boy's/North Central Montana
Regional Water System Act of 2002''.
SEC. 902. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the water systems serving residents of the Rocky Boy's
Reservation in the State of Montana--
(A) do not meet minimum health and safety standards;
(B) pose a threat to public health and safety; and
(C) are inadequate to supply the water needs of the
Chippewa Cree Tribe;
(2) the United States has a responsibility to ensure that
adequate and safe water supplies are available to meet the
economic, environmental, water supply, and public health needs
of the Reservation;
(3) the entities administering the rural and municipal water
systems in North Central Montana are having difficulty complying
with regulations promulgated under the Safe Drinking Water Act
(42 U.S.C. 300f et seq.); and
(4) the study, defined in section 903(k), identifies Lake
Elwell, near Chester, Montana, as an available, reliable, and
safe rural and municipal water supply for serving the needs of
the Reservation and North Central Montana.
(b) Purposes.--The purposes of this title are--
(1) to ensure a safe and adequate rural, municipal, and
industrial water supply for the residents of the Rocky Boy's
Reservation in the State of Montana;
(2) to assist the citizens residing in Chouteau, Glacier,
Hill, Liberty, Pondera, Teton, and Toole Counties, Montana,
[[Page 116 STAT. 2860]]
but outside the Reservation, in developing safe and adequate
rural, municipal, and industrial water supplies;
(3) to authorize the Secretary of the Interior--
(A) acting through the Commissioner of Reclamation
to plan, design, and construct the core and noncore
systems of the Rocky Boy's/North Central Montana
Regional Water System in the State of Montana; and
(B) acting through the Bureau of Indian Affairs to
operate, maintain, and replace the core system and the
on-Reservation water distribution systems, including
service connections to communities and individuals; and
(4) to authorize the Secretary, at the request of the
Chippewa Cree Tribe, to enter into self-governance agreements
with the Tribe under title IV of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 458aa et seq.), under
which the Tribe--
(A) through the Bureau of Reclamation, will plan,
design, and construct the core system of the Rocky
Boy's/North Central Montana Regional Water System, and
(B) through the Bureau of Indian Affairs, will
operate, maintain, and replace (including service
connections to communities and individuals) the core
system and the on-Reservation water distribution
systems.
SEC. 903. DEFINITIONS.
In this title:
(1) Authority.--The term ``Authority'' means the North
Central Montana Regional Water Authority established under State
law, Mont. Code Ann. Sec. 75-6-301, et. seq. (2001), to allow
public agencies to join together to secure and provide water for
resale.
(2) Core system.--The term ``core system'' means a component
of the water system as described in section 904(d) and the final
engineering report.
(3) Final engineering report.--The term ``final engineering
report'' means the final engineering report prepared for the
Rocky Boy's/North Central Montana Regional Water System, as
approved by the Secretary of the Interior.
(4) Fund.--The term ``fund'' means the Chippewa Cree Water
System Operation, Maintenance, and Replacement Trust Fund.
(5) On-reservation water distribution systems.--The term
``on-reservation water distribution systems'' means that portion
of the Rocky Boy's/North Central Montana Regional Water system
served by the core system and within the boundaries of the Rocky
Boy's Reservation. The on-reservation water distribution systems
are described in section 904(f) and the final engineering
report.
(6) Noncore system.--The term ``noncore system'' means the
rural water system for Chouteau, Glacier, Hill, Liberty,
Pondera, Teton, and Toole Counties, Montana, described in
section 905(c) and the final engineering report.
(7) Reservation.--
(A) In general.--The term ``Reservation'' means the
Rocky Boy's Reservation in the State of Montana.
(B) Inclusions.--The term ``Reservation'' includes
all land and interests in land that are held in trust by
the
[[Page 116 STAT. 2861]]
United States for the Tribe at the time of the enactment
of this title.
(8) Rocky boy's/north central montana regional water
system.--The term ``Rocky Boy's/North Central Montana Regional
Water System'' means--
(A) the core system;
(B) the on-reservation water distribution systems;
and
(C) the non-core system.
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(10) State.--The term ``State'' means the State of Montana.
(11) Study.--The term ``study'' means the study entitled
``North Central Montana Regional Water System Planning/
Environmental Report'' dated May 2000.
(12) Tribe.--The term ``Tribe'' means--
(A) the Chippewa Cree Tribe of the Rocky Boy's
Reservation; and
(B) all officers, agents, and departments of the
Tribe.
SEC. 904. ROCKY BOY'S RURAL WATER SYSTEM.
(a) Final Engineering Report.--The following reports will serve as
the basis for the final engineering report for the Rocky Boy's/North
Central Montana Regional Water System--
(1) pursuant to Public Law 104-204, a study, described in
section 903(k), that was conducted to study the water and
related resources in North Central Montana and to evaluate
alternatives for providing a municipal, rural and industrial
supply of water to the citizens residing in Chouteau, Glacier,
Hill, Liberty, Pondera, Teton, and Toole Counties, Montana,
residing both on and off the Reservation; and
(2) pursuant to section 202 of Public Law 106-163, the Tribe
has conducted, through a self-governance agreements with the
Secretary of the Interior, acting through the Bureau of
Reclamation, a feasibility study to evaluate alternatives for
providing a municipal, rural and industrial supply of water to
the Reservation.
The Secretary of the Interior may require, through the agreements
described in subsection (g) and section 905(d), that the final
engineering report include appropriate additional study and analyses.
(b) Core System.--
(1) In general.--The Secretary is authorized to plan,
design, construct, operate, maintain, and replace the core
system.
(2) Federal share.--
(A) The Federal share of the cost of planning,
design, and construction of the core system shall be--
(i) 100 percent of the Tribal share of costs
as identified in section 914;
(ii) 80 percent of the authority's share of
the total cost for the core system as identified
in section 914; and
(iii) funded through annual appropriations to
the Bureau of Reclamation.
(3) Agreements.--Federal funds made available to carry out
this subsection may be obligated and expended only in
[[Page 116 STAT. 2862]]
accordance with the Agreements entered into under subsection
(g).
(c) Operation, Maintenance, and Replacement (OM&R) Core System.--The
cost of operation, maintenance, and replacement of the core system shall
be allocated as follows--
(1) 100 percent of the Tribe's share of the OM&R costs, as
negotiated in the Agreements, shall be funded through the
Chippewa Cree Water System Operation, Maintenance, and
Replacement Trust Fund established in section 913;
(2) 100 percent of the Authority's share of the OM&R costs,
as negotiated in the Cooperative Agreements, shall be funded by
the Authority and fully reimbursable to the Secretary.
Federal funds made available to carry out this subsection may be
obligated and expended only in accordance with the Agreements entered
into under subsection (g) and section 905(d).
(d) Core System Components.--As described in the final engineering
report, the core system shall consist of--
(1) intake, pumping, water storage, and treatment
facilities;
(2) transmission pipelines, pumping stations, and storage
facilities;
(3) appurtenant buildings, maintenance equipment, and access
roads;
(4) all property and property rights necessary for the
facilities described in this subsection;
(5) all interconnection facilities at the core pipeline to
the noncore system; and
(6) electrical power transmission and distribution
facilities necessary for services to core system facilities.
(e) Authority to Acquire Property.--Where, in carrying out the
provisions of this title for construction of the core system, it becomes
necessary to acquire any rights or property, the Authority, acting
pursuant to State law, Mont. Code Ann. Sec. 75-6-313 (2001), is hereby
authorized to acquire the same by condemnation under judicial process,
and to pay such sums which may be needed for that purpose. Nothing in
this section shall apply to land held in trust by the United States.
(f) On-Reservation Water Distribution Systems.--
(1) In general.--The Secretary is authorized to operate,
maintain, and replace the water distribution systems of the
Reservation.
(2) Operation, maintenance, and replacement.--The cost of
operation, maintenance, and replacement of the on-reservation
water distribution systems shall be allocated as follows: Up to
100 percent of the Tribe's share of the OM&R costs, as
negotiated in the Agreements, shall be funded through the
Chippewa Cree Water System Operation, Maintenance, and
Replacement Trust Fund established in section 913.
(3) Agreements.--Federal funds made available to carry out
this subsection may be obligated and expended only in accordance
with the Agreements entered into under subsection (g).
(4) Components.--As described in the final engineering
report, the on-reservation water distribution systems shall
consist of--
(A) water systems in existence on the date of
enactment of this title that may be purchased, improved,
and repaired
[[Page 116 STAT. 2863]]
in accordance with the Agreements entered into under
subsection (g);
(B) water systems owned by individual members of the
Tribe and other residents of the Reservation;
(C) any water distribution system that is upgraded
to current standards, disconnected from low-quality
wells; and
(D) connections.
(5) Construction of new facilities, or expansion or
rehabilitation of current facilities.--The Tribe shall use
$10,000,000 of the $15,000,000 appropriated pursuant to the
Chippewa Cree Tribe of the Rocky Boy's Reservation Indian
Reserved Water Rights Settlement and Water Supply Enhancement
Act of 1999 (Public Law 106-163), plus accrued interest, in the
purchase, construction, expansion, or rehabilitation of the on-
reservation water distribution systems.
(g) Agreements.--Federal funds made available to carry out
subsections (b), (c), and (f) may be obligated and expended only in
accordance with the agreements entered into under this subsection.
(1) In general.--At the request of the Tribe, the Secretary
shall enter into self-governance agreements under title IV of
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 458aa et seq.) with the Tribe, in accordance with this
title--
(A) through the Bureau of Reclamation, to plan,
design, and construct the core system; and
(B) through the Bureau of Indian Affairs, to
operate, maintain, and replace the core system and the
on-Reservation water distribution systems.
(2) Project oversight administration.--The amount of Federal
funds that may be used to provide technical assistance and
conduct the necessary construction oversight, inspection, and
administration of activities in paragraph (1)(A) shall be
negotiated with the Tribe and shall be an allowable project
cost.
(h) Service Area.--The service area of the Rocky Boy's Rural Water
System shall be the core system and the Reservation.
(i) Title to Core System.--Title to the core system--
(1) shall be held in trust by the United States for the
Tribe; and
(2) shall not be transferred unless a transfer is authorized
by an Act of Congress enacted after the date of enactment of
this title.
(j) Technical Assistance.--The Secretary is authorized to provide
such technical assistance as is necessary to enable the Tribe to--
(1) plan, design, and construct the core system, including
management training. Such technical assistance shall be deemed
as a core system project construction cost; and
(2) operate, maintain, and replace the core system and the
on-reservation water distribution systems. Such technical
assistance shall be deemed as a core system and an on-
reservation water distribution systems operation, maintenance,
and replacement cost, as appropriate.
[[Page 116 STAT. 2864]]
SEC. 905. NONCORE SYSTEM.
(a) In General.--The Secretary is authorized to enter into
Cooperative Agreements with the Authority to provide Federal funds for
the planning, design, and construction of the noncore system in
Chouteau, Glacier, Hill, Liberty, Pondera, Teton, and Toole Counties,
Montana, outside the Reservation.
(b) Federal Share.--
(1) Planning, design, and construction.--The Federal share
of the cost of planning, design, and construction of the noncore
system shall be 80 percent and will be funded through annual
appropriations to the Bureau of Reclamation.
(2) Operation, maintenance, and replacement of non-core
system components.--The cost of operation, maintenance, and
replacement associated with water deliveries to the noncore
system shall not be a Federal responsibility and shall be borne
by the Authority.
(3) Cooperative agreements.--Federal funds made available to
carry out this section may be obligated and expended only in
accordance with the Cooperative Agreements entered into under
subsection (d).
(c) Components.--As described in the final engineering report, the
components of the noncore system on which Federal funds may be obligated
and expended under this section shall include--
(1) storage, pumping, and pipeline facilities;
(2) appurtenant buildings, maintenance equipment, and access
roads;
(3) all property and property rights necessary for the
facilities described in this subsection;
(4) electrical power transmission and distribution
facilities necessary for service to noncore system facilities;
and
(5) other facilities and services customary to the
development of a rural water distribution system in the State.
(d) Cooperative Agreements.--
(1) In general.--The Secretary is authorized to enter into
the Cooperative Agreements with the Authority to provide Federal
funds and necessary assistance for the planning, design, and
construction of the noncore system. The Secretary is further
authorized to enter into a tri-partite Cooperative Agreement
with the Authority and the Tribe addressing the allocation of
operation, maintenance and replacement costs for the core system
and action that can be undertaken to keep those costs within
reasonable levels.
(2) Mandatory provisions.--The Cooperative Agreements under
paragraph (1) shall specify, in a manner that is acceptable to
the Secretary and the Authority--
(A) the responsibilities of each party to the
agreements for--
(i) the final engineering report;
(ii) engineering and design;
(iii) construction;
(iv) water conservation measures;
(v) environmental and cultural resource
compliance activities; and
(vi) administration of contracts relating to
performance of the activities described in clauses
(i) through (v);
[[Page 116 STAT. 2865]]
(B) the procedures and requirements for approval and
acceptance of the design and construction and for
carrying out other activities described in subparagraph
(A); and
(C) the rights, responsibilities, and liabilities of
each party to the agreements.
(3) Project oversight administration.--The amount of Federal
funds that may be used to provide technical assistance and to
conduct the necessary construction oversight, inspection, and
administration of activities in paragraph (1) shall be
negotiated with the Authority, and shall be an allowable project
cost.
(e) Service Area.--
(1) In general.--Except as provided in paragraph (2), the
service area of the noncore system shall be generally defined as
the area--
(A) north of the Missouri River and Dutton, Montana;
(B) south of the border between the United States
and Canada;
(C) west of Havre, Montana;
(D) east of Cut Bank Creek in Glacier County,
Montana; and
(E) as further defined in the final engineering
report, referenced in section 904(a).
(2) Exclusions from service area.--The service area of the
noncore system shall not include the area inside the
Reservation.
(f) Limitation on Use of Federal Funds.--The operation, maintenance,
and replacement expenses for the noncore system--
(1) shall not be a Federal responsibility;
(2) shall be borne by the Authority; and
(3) the Secretary may not obligate or expend any Federal
funds for the OM&R of the noncore system.
(g) Title to Noncore System.--Title to the noncore system shall be
held by the Authority.
(h) Authority To Acquire Property.--Where, in carrying out the
provisions of this title for construction of the noncore system, it
becomes necessary to acquire any rights or property, the Authority,
acting pursuant to State law, Mont. Code Ann. Sec. 75-6-313 (2001), is
hereby authorized to acquire the same by condemnation under judicial
process, and to pay such sums which may be needed for that purpose.
Nothing in this section shall apply to land held in trust by the United
States.
SEC. 906. LIMITATION ON AVAILABILITY OF CONSTRUCTION FUNDS.
The Secretary shall not obligate funds for construction of the core
system or the noncore system until--
(1) the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect to the
core system and the noncore system;
(2) the <<NOTE: Deadline. Reports.>> date that is 90 days
after the date of submission to Congress of a final engineering
report approved and transmitted by the Secretary; and
(3) the <<NOTE: Publication.>> Secretary publishes a written
finding that the water conservation plan developed under section
911(a) includes prudent and reasonable water conservation
measures for the operation of the Rocky Boy's/North Central
Montana Regional Water
[[Page 116 STAT. 2866]]
System that have been shown to be economically and financially
feasible.
SEC. 907. CONNECTION CHARGES.
The cost of connection of nontribal community water distribution
systems and individual service systems to transmission lines of the core
system and noncore system shall be the responsibility of the entities
receiving water from the transmission lines.
SEC. 908. AUTHORIZATION OF CONTRACTS.
The Secretary is authorized to enter into contracts with the
Authority for water from Lake Elwell providing for the repayment of its
respective share of the construction, operation, maintenance and
replacement costs of Tiber dam and reservoir, as determined by the
Secretary, in accordance with Federal Reclamation Law (Act of June 17,
1902, 32 Stat. 388, and Acts amendatory thereof and supplemental
thereto).
SEC. 909. TIBER RESERVOIR ALLOCATION TO THE TRIBE.
(a) No Diminishment of Storage.--In providing for the delivery of
water to the noncore system, the Secretary shall not diminish the 10,000
acre-feet per year of water stored for the Tribe pursuant to section 201
of the Chippewa Cree Tribe of The Rocky Boy's Reservation Indian
Reserved Water Rights Settlement and Water Supply Enhancement Act of
1999 (Public Law 106-163) in Lake Elwell, Lower Marias Unit, Upper
Missouri Division, Pick-Sloan Missouri Basin Program, Montana.
(b) Draw of Supply; Purchase of Additional Water.--In providing for
delivery of water to Rocky Boy's Indian Reservation for the purposes of
this title, the Tribe shall draw its supply from the 10,000 acre-feet
per year of water stored for the Tribe pursuant to section 201 of the
Chippewa Cree Tribe of The Rocky Boy's Reservation Indian Reserved Water
Rights Settlement and Water Supply Act of 1999 (Public Law 106-163) in
Lake Elwell, Lower Marias Unit, Upper Missouri Division, Pick-Sloan
Missouri Basin Program, Montana. Nothing in this title shall prevent the
Tribe from entering into contracts with the Secretary for the purchase
of additional water from Lake Elwell.
SEC. 910. USE OF PICK-SLOAN POWER.
The Secretary of the Interior, in cooperation with the Secretary of
Energy, is directed to make Pick-Sloan Missouri Basin Program preference
power available, for the purposes of this title. Power shall be made
available when pumps are energized and/or upon completion of the
Project.
SEC. 911. WATER CONSERVATION PLAN.
(a) In General.--The Tribe and the Authority shall develop and
incorporate into the final engineering report a water conservation plan
that contains--
(1) a description of water conservation objectives;
(2) a description of appropriate water conservation
measures; and
(3) a time schedule for implementing the water conservation
measures to meet the water conservation objectives.
(b) Purpose.--The water conservation plan under subsection (a) shall
be designed to ensure that users of water from the core system, on-
reservation water distribution systems, and the noncore
[[Page 116 STAT. 2867]]
system will use the best practicable technology and management
techniques to conserve water.
(c) Coordination <<NOTE: Applicability.>> of Programs.--Section 210
(a) and (c) of the Reclamation Reform Act of 1982 (43 U.S.C. 390jj (a)
and (c)) shall apply to activities under section 911 of this title.
SEC. 912. WATER RIGHTS.
This title does not--
(1) impair the validity of or preempt any provision of State
water law or any interstate compact governing water;
(2) alter the right of any State to any appropriated share
of the water of any body of surface or ground water, whether
determined by any past or future interstate compact or by any
past or future legislative or final judicial allocation;
(3) preempt or modify any Federal or State law or interstate
compact concerning water quality or disposal;
(4) confer on any non-Federal entity the authority to
exercise any Federal right to the water of any stream or to any
ground water resource; or
(5) affect any right of the Tribe to water, located within
or outside the external boundaries of the Reservation, based on
a treaty, compact, Executive Order, Agreements, Act of Congress,
aboriginal title, the decision in Winters v. United States, 207
U.S. 564 (1908) (commonly known as the ``Winters Doctrine''), or
other law.
SEC. 913. CHIPPEWA CREE WATER SYSTEM OPERATION, MAINTENANCE, AND
REPLACEMENT TRUST FUND.
(a) Establishment of Trust Fund.--There is established in the
Treasury of the United States a trust fund to be known as the ``Chippewa
Cree Water System Operation, Maintenance, and Replacement Trust Fund'',
to be managed and invested by the Secretary.
(b) Contents of Fund.--The Fund shall consist of--
(1) the amount of $15,000,000 as the Federal share, as
authorized to be appropriated in section 914(c);
(2) the Tribe shall deposit into the Fund $5,000,000 of the
$15,000,000 appropriated pursuant to the Chippewa Cree Tribe of
the Rocky Boy's Reservation Indian Reserved Water Rights
Settlement and Water Supply Enhancement Act of 1999 (Public Law
106-163); and
(3) such interest as may accrue, until expended according to
subsections (d) and (f).
(c) Management of the Fund.--The Secretary shall manage the Fund,
make investments from the Fund, and make monies available from the Fund
for distribution to the Tribe consistent with the American Indian Trust
Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.) (referred to
in this section as the ``Trust Fund Reform Act''), and this title.
(d) Use of Fund.--The Tribe shall use accrued interest, only, from
the Fund for operation, maintenance, and replacement of the core system
and the on-reservation distribution, only, pursuant to an operation,
maintenance and replacement plan approved by the Secretary.
(e) Investment of Fund.--The Secretary shall, after consulting with
the Tribe on the investment of the Fund, invest amounts in the Fund in
accordance with--
[[Page 116 STAT. 2868]]
(1) the Act of April 1, 1880 (21 Stat. 70, chapter 41; 25
U.S.C. 161);
(2) the first section of the Act of February 12, 1929 (25
U.S.C. 161a);
(3) the first section of the Act of June 24, 1938 (25 U.S.C.
162a); and
(4) subsection (b).
(f) Expenditures and Withdrawal.--
(1) Tribal management plan.--
(A) Withdrawal by tribe.--The Tribe may withdraw all
or part of the Fund on approval by the Secretary of a
tribal management plan as described in the Trust Fund
Reform Act.
(B) Requirements.--In addition to the requirements
under the Trust Fund Reform Act, the tribal management
plan shall require that the Tribe spend any funds only
in accordance with the purposes described in subsections
913 (d) and (f).
(2) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any tribal
management plan to ensure that any monies withdrawn from the
Fund under the plan are used in accordance with this title.
(3) Liability.--If the Tribe exercises the right to withdraw
monies from the Fund pursuant to the Trust Fund Reform Act,
neither the Secretary nor the Secretary of the Treasury shall
retain any liability for the expenditure or investment of the
monies withdrawn.
(4) Operation, maintenance, and replacement plan.--
Expenditures of accrued interest, only, from the Fund may be
made for operation, maintenance, and replacement plan approved
by the Secretary.
(A) In general.--The Tribe shall submit to the
Secretary for approval an operation, maintenance, and
replacement plan for any funds made available to it
under this section.
(B) Description.--The plan shall describe the manner
in which, and the purposes for which, funds made
available to the Tribe will be used.
(C) Approval.--On receipt of an expenditure plan
under subparagraph (A), the Secretary shall, in a timely
manner, approve the plan if the Secretary determines
that the plan is reasonable and consistent with this
title.
(5) Availability.--Funds made available from the fund under
this section shall be available without fiscal year limitation.
(6) Annual report.--The Tribe shall submit to the Secretary
an annual report that describes all expenditures from the Fund
during the year covered by the report.
(g) No Per Capita Distributions.--No part of the Fund shall be
distributed on a per capita basis to members of the Tribe.
SEC. 914. AUTHORIZATION OF APPROPRIATIONS.
(a) Core System.--There is authorized to be appropriated
$129,280,000 to the Bureau of Reclamation for the planning, design, and
construction of the core system. The Tribal portion of the
[[Page 116 STAT. 2869]]
costs shall be 76 percent. The Authority's portion of the costs shall be
24 percent.
(b) On-Reservation Water Distribution Systems.--The Tribe shall use
$10,000,000 of the $15,000,000 appropriated pursuant to the Chippewa
Cree Tribe of the Rocky Boy's Reservation Indian Reserved Water Rights
Settlement and Water Supply Enhancement Act of 1999 (Public Law 106-
163), plus accrued interest, in the purchase, construction, expansion or
rehabilitation of the on-reservation water distribution systems.
(c) Chippewa Cree Water System Operation, Maintenance, and
Replacement Trust Fund.--For the Federal contribution to the Fund,
established in section 913, there is authorized to be appropriated to
the Bureau of Indian Affairs the sum of $7,500,000 each year for fiscal
year 2005 and 2006.
(d) Noncore System.--There is authorized to be appropriated
$73,600,000 to the Bureau of Reclamation for the planning, design, and
construction of the noncore system.
(e) Cost Indexing.--The sums authorized to be appropriated under
this section may be increased or decreased by such amounts as are
justified by reason of ordinary fluctuations in development costs
incurred after the date of enactment of this title, as indicated by
engineering cost indices applicable for the type of construction
involved.
TITLE X--MISCELLANEOUS
SEC. 1001. SANTEE SIOUX TRIBE, NEBRASKA, WATER SYSTEM STUDY.
(a) Study.--Pursuant to reclamation laws, the Secretary of the
Interior (hereafter in this section referred to as the ``Secretary''),
through the Bureau of Reclamation and in consultation with the Santee
Sioux Tribe of Nebraska (hereafter in this section referred to 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 <<NOTE: Deadline.>> later than 1 year after funds
are made available to carry out this section, the Secretary shall
transmit 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 $500,000 to carry out this section.
SEC. 1002. YUROK TRIBE AND HOPLAND BAND INCLUDED IN LONG-TERM
LEASING.
(a) In General.--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
[[Page 116 STAT. 2870]]
purposes requiring the grant of long-term leases'', approved August 9,
1955 (25 U.S.C. 415(a)) is amended by inserting ``lands held in trust
for the Yurok Tribe, lands held in trust for the Hopland Band of Pomo
Indians of the Hopland Rancheria,'' after ``Pueblo of Santa Clara,''.
(b) Effective Date.--The <<NOTE: Applicability. 25 USC 415
note.>> amendment made by subsection (a) shall apply to any lease
entered into or renewed after the date of the enactment of this title.
Approved December 13, 2002.
LEGISLATIVE HISTORY--S. 2017 (H.R. 3407):
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HOUSE REPORTS: No. 107-630 accompanying H.R. 3407 (Comm. on Resources).
SENATE REPORTS: No. 107-249 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 148 (2002):
Sept. 17, considered and passed Senate.
Nov. 14, considered and passed House, amended.
Nov. 20, Senate concurred in House amendment.
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