S. 523 Text
7-30-03
Passed Senate by Unanimous Consent
2-11-04
Passed House by Voice Vote,
Cleared for White House
Union Calendar No. 235
108th CONGRESS
2d Session
S. 523
[Report No. 108-374, Part I]
IN THE HOUSE OF REPRESENTATIVES
September 3, 2003
Referred to the Committee on Resources
November 17, 2003
Reported and referred to the Committee on Agriculture for a period ending
not later than November 21, 2003, for consideration of such provisions of
the bill as fall within the jurisdiction of that committee pursuant to clause
1(a), rule X
November 21, 2003
Referral to the Committee on Agriculture extended for a period ending not
later than January 31, 2004
January 31, 2004
Committee on Agriculture discharged; committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
AN ACT
To make technical corrections to laws relating to Native Americans,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Native American Technical Corrections
Act of 2003'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE AMERICANS
Subtitle A--Technical Amendments
Sec. 101. Bosque Redondo Memorial Act.
Sec. 102. Navajo-Hopi Land Settlement Act.
Sec. 103. Tribal sovereignty.
Sec. 104. Cow Creek Band of Umpqua Indians.
Sec. 105. Pueblo de Cochiti; modification of settlement.
Sec. 106. Four Corners Interpretive Center.
Sec. 107. Mississippi Band of Choctaw Indians.
Sec. 108. Rehabilitation of Celilo Indian Village.
Subtitle B--Other Provisions Relating to Native Americans
Sec. 121. Barona Band of Mission Indians; facilitation of construction of
pipeline to provide water for emergency fire suppression and other purposes.
Sec. 122. Conveyance of Native Alaskan objects.
Sec. 123. Pueblo of Acoma; land and mineral consolidation.
Sec. 124. Quinault Indian Nation; water feasibility study.
Sec. 125. Santee Sioux Tribe; study and report.
Sec. 126. Shakopee Mdewakanton Sioux Community.
Sec. 127. Agua Caliente Band of Cahuilla Indians.
Sec. 128. Saginaw Chippewa Tribal College.
Sec. 129. Ute Indian Tribe; oil shale reserve.
TITLE II--PUEBLO OF SANTA CLARA AND PUEBLO OF SAN ILDEFONSO
Sec. 202. Trust for the Pueblo of Santa Clara, New Mexico.
Sec. 203. Trust for the Pueblo of San Ildefonso, New Mexico.
Sec. 204. Survey and legal descriptions.
Sec. 205. Administration of trust land.
TITLE III--DISTRIBUTION OF QUINAULT PERMANENT FISHERIES FUNDS
Sec. 301. Distribution of judgment funds.
Sec. 302. Conditions for distribution.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, except as otherwise provided in this Act, the term `Secretary'
means the Secretary of the Interior.
TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE AMERICANS
Subtitle A--Technical Amendments
SEC. 101. BOSQUE REDONDO MEMORIAL ACT.
Section 206 of the Bosque Redondo Memorial Act (16 U.S.C. 431 note; Public
Law 106-511) is amended--
(A) in paragraph (1), by striking `2000' and inserting `2004'; and
(B) in paragraph (2), by striking `2001 and 2002' and inserting `2005
and 2006'; and
(2) in subsection (b), by striking `2002' and inserting `2007,'.
SEC. 102. NAVAJO-HOPI LAND SETTLEMENT ACT.
Section 25(a)(8) of Public Law 93-531 (commonly known as the `Navajo-Hopi
Land Settlement Act of 1974') (25 U.S.C. 640d-24(a)(8)) is amended by striking
`annually for fiscal years 1995, 1996, 1997, 1998, 1999, and 2000' and inserting
`for each of fiscal years 2003 through 2008'.
SEC. 103. TRIBAL SOVEREIGNTY.
Section 16 of the Act of June 18, 1934 (25 U.S.C. 476), is amended by adding
at the end the following:
`(h) TRIBAL SOVEREIGNTY- Notwithstanding any other provision of this Act--
`(1) each Indian tribe shall retain inherent sovereign power to adopt governing
documents under procedures other than those specified in this section; and
`(2) nothing in this Act invalidates any constitution or other governing
document adopted by an Indian tribe after June 18, 1934, in accordance with
the authority described in paragraph (1).'.
SEC. 104. COW CREEK BAND OF UMPQUA INDIANS.
Section 7 of the Cow Creek Band of Umpqua Tribe of Indians Recognition Act
(25 U.S.C. 712e) is amended in the third sentence by inserting before the
period at the end the following: `, and shall be treated as on-reservation
land for the purpose of processing acquisitions of real property into trust'.
SEC. 105. PUEBLO DE COCHITI; MODIFICATION OF SETTLEMENT.
Section 1 of Public Law 102-358 (106 Stat. 960) is amended--
(1) by striking `implement the settlement' and inserting the following:
`implement--
(2) by striking the period at the end and inserting `; and'; and
(3) by adding at the end the following:
`(2) the modifications regarding the use of the settlement funds as described
in the agreement known as the `First Amendment to Operation and Maintenance
Agreement for Implementation of Cochiti Wetlands Solution', executed--
`(A) on October 22, 2001, by the Army Corps of Engineers;
`(B) on October 25, 2001, by the Pueblo de Cochiti of New Mexico; and
`(C) on November 8, 2001, by the Secretary of the Interior.'.
SEC. 106. FOUR CORNERS INTERPRETIVE CENTER.
Section 7 of the Four Corners Interpretive Center Act (113 Stat. 1706) is
amended--
(1) in subsection (a)(2), by striking `2005' and inserting `2008';
(2) in subsection (b), by striking `2002' and inserting `2005'; and
(3) in subsection (c), by striking `2001' and inserting `2004'.
SEC. 107. MISSISSIPPI BAND OF CHOCTAW INDIANS.
Section 1(a)(2) of Public Law 106-228 (114 Stat. 462) is amended by striking
`report entitled' and all that follows through `is hereby declared' and inserting
the following: `report entitled `Report of May 17, 2002, Clarifying and Correcting
Legal Descriptions or Recording Information for Certain Lands placed into
Trust and Reservation Status for the Mississippi Band of Choctaw Indians by
Section 1(a)(2) of Pub. L. 106-228, as amended by Title VIII, Section 811
of Pub. L. 106-568', on file in the Office of the Superintendent, Choctaw
Agency, Bureau of Indian Affairs, Department of the Interior, is declared'.
SEC. 108. REHABILITATION OF CELILO INDIAN VILLAGE.
Section 401(b)(3) of Public Law 100-581 (102 Stat. 2944) is amended by inserting
`and Celilo Village' after `existing sites'.
Subtitle B--Other Provisions Relating to Native Americans
SEC. 121. BARONA BAND OF MISSION INDIANS; FACILITATION OF CONSTRUCTION OF
PIPELINE TO PROVIDE WATER FOR EMERGENCY FIRE SUPPRESSION AND OTHER PURPOSES.
(a) IN GENERAL- Notwithstanding any other provision of law, subject to valid
existing rights under Federal and State law, and to any easements or similar
restrictions which may be granted to the city of San Diego, California, for
the construction, operation and maintenance of a pipeline and related appurtenances
and facilities for conveying water from the San Vicente Reservoir to the Barona
Indian Reservation, or for conservation, wildlife or habitat protection, or
related purposes, the land described in subsection (b), fee title to which
is held by the Barona Band of Mission Indians of California (referred to in
this section as the `Band')--
(1) is declared to be held in trust by the United States for the benefit
of the Band; and
(2) shall be considered to be a portion of the reservation of the Band.
(b) LAND- The land referred to in subsection (a) is land comprising approximately
85 acres in San Diego County, California, and described more particularly
as follows: San Bernardino Base and Meridian; T. 14 S., R. 1 E.; sec. 21:
W 1/2 SE 1/4 , 68 acres; NW 1/4 NW 1/4 , 17 acres.
(c) GAMING- The land taken into trust by subsection (a) shall neither be considered
to have been taken into trust for gaming, nor be used for gaming (as that
term is used in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)).
SEC. 122. CONVEYANCE OF NATIVE ALASKAN OBJECTS.
Notwithstanding any provision of law affecting the disposal of Federal property,
on the request of the Chugach Alaska Corporation or Sealaska Corporation,
the Secretary of Agriculture shall convey to whichever of those corporations
that has received title to a cemetery site or historical place on National
Forest System land conveyed under section 14(h)(1) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1613(h)(1)) all artifacts, physical remains, and
copies of any available field records that--
(1)(A) are in the possession of the Secretary of Agriculture; and
(B) have been collected from the cemetery site or historical place; but
(2) are not required to be conveyed in accordance with the Native American
Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) or any other
applicable law.
SEC. 123. PUEBLO OF ACOMA; LAND AND MINERAL CONSOLIDATION.
(a) DEFINITION OF BIDDING OR ROYALTY CREDIT- The term `bidding or royalty
credit' means a legal instrument or other written documentation, or an entry
in an account managed by the Secretary, that may be used in lieu of any other
monetary payment for--
(1) a bonus bid for a lease sale on the outer Continental Shelf; or
(2) a royalty due on oil or gas production;
for any lease located on the outer Continental Shelf outside the zone defined
and governed by section 8(g)(2) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1337(g)(2)).
(b) AUTHORITY- Notwithstanding any other provision of law, the Secretary may
acquire any nontribal interest in or to land (including an interest in mineral
or other surface or subsurface rights) within the boundaries of the Acoma
Indian Reservation for the purpose of carrying out Public Law 107-138 (116
Stat. 6) by issuing bidding or royalty credits under this section in an amount
equal to the value of the interest acquired by the Secretary, as determined
under section 1(a) of Public Law 107-138 (116 Stat. 6).
(c) USE OF BIDDING AND ROYALTY CREDITS- On issuance by the Secretary of a
bidding or royalty credit under subsection (b), the bidding or royalty credit--
(1) may be freely transferred to any other person (except that, before any
such transfer, the transferor shall notify the Secretary of the transfer
by such method as the Secretary may specify); and
(2) shall remain available for use by any person during the 5-year period
beginning on the date of issuance by the Secretary of the bidding or royalty
credit.
SEC. 124. QUINAULT INDIAN NATION; WATER FEASIBILITY STUDY.
(a) IN GENERAL- The Secretary is authorized to carry out, in accordance with
Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093),
and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.)),
a water source, quantity, and quality feasibility study for land of the Quinault
Indian Nation to identify ways to meet the current and future domestic and
commercial water supply and distribution needs of the Quinault Indian Nation
on the Olympic Peninsula, Washington.
(b) PUBLIC AVAILABILITY OF RESULTS- As soon as practicable after completion
of a feasibility study under subsection (a), the Secretary shall--
(1) publish in the Federal Register a notice of the availability of the
results of the feasibility study; and
(2) make available to the public, on request, the results of the feasibility
study.
SEC. 125. SANTEE SIOUX TRIBE; STUDY AND REPORT.
(a) STUDY- Pursuant to reclamation laws, the Secretary, acting through the
Bureau of Reclamation and in consultation with the Santee Sioux Tribe of Nebraska
(referred to in this subtitle as the `Tribe'), shall conduct a feasibility
study to determine the most feasible method of developing a safe and adequate
municipal, rural, and industrial water treatment and distribution system for
the Santee Sioux Tribe of Nebraska that could serve the tribal community and
adjacent communities and incorporate population growth and economic development
activities for a period of 40 years.
(b) COOPERATIVE AGREEMENT- At the request of the Tribe, the Secretary shall
enter into a cooperative agreement with the Tribe for activities necessary
to conduct the study required by subsection (a) regarding which the Tribe
has unique expertise or knowledge.
(c) REPORT- Not later than 1 year after funds are made available to carry
out this subtitle, the Secretary shall submit to Congress a report containing
the results of the study required by subsection (a).
(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to the Secretary to carry out this section $500,000, to remain available until
expended.
SEC. 126. SHAKOPEE MDEWAKANTON SIOUX COMMUNITY.
(a) IN GENERAL- Notwithstanding any other provision of law, without further
authorization by the United States, the Shakopee Mdewakanton Sioux Community
in the State of Minnesota (referred to in this section as the `Community')
may lease, sell, convey, warrant, or otherwise transfer all or any part of
the interest of the Community in or to any real property that is not held
in trust by the United States for the benefit of the Community.
(b) NO EFFECT ON TRUST LAND- Nothing in this section--
(1) authorizes the Community to lease, sell, convey, warrant, or otherwise
transfer all or part of an interest in any real property that is held in
trust by the United States for the benefit of the Community; or
(2) affects the operation of any law governing leasing, selling, conveying,
warranting, or otherwise transferring any interest in that trust land.
SEC. 127. AGUA CALIENTE BAND OF CAHUILLA INDIANS.
(a) IN GENERAL- Notwithstanding any other provision of law (including any
restrictive covenant in effect under, or required by operation of, a State
law), title to land that the Secretary of the Interior agrees is to be acquired
by the United States in accordance with the Act of June 18, 1934 (25 U.S.C.
465), for the Agua Caliente Band of Cahuilla Indians shall be taken in the
name of the United States.
(b) COVENANTS- A restrictive covenant referred to in subsection (a) shall
be unenforceable against the United States if the land to which the restrictive
covenant is attached was held in trust by the United States for, or owned
by, the Agua Caliente Band of Cahuilla Indians, or an individual member of
the Band, before the date on which the restrictive covenant attached to the
land.
SEC. 128. SAGINAW CHIPPEWA TRIBAL COLLEGE.
Section 532 of the Equity in Educational Land Grant Status Act of 1994 (7
U.S.C. 301 note; Public Law 103-382) is amended--
(1) by redesignating paragraphs (22) through (31) as paragraphs (23) through
(32), respectively; and
(2) by inserting after paragraph (21) the following:
`(22) Saginaw Chippewa Tribal College.'.
SEC. 129. UTE INDIAN TRIBE; OIL SHALE RESERVE.
Section 3405(c) of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (10 U.S.C. 7420 note; Public Law 105-261) is amended by striking
paragraph (3) and inserting the following:
`(3) With respect to the land conveyed to the Tribe under subsection (b)--
`(A) the land shall not be subject to any Federal restriction on alienation;
and
`(B) notwithstanding any provision to the contrary in the constitution,
bylaws, or charter of the Tribe, the Act of May 11, 1938 (commonly known
as the `Indian Mineral Leasing Act of 1938') (25 U.S.C. 396a et seq.),
the Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et seq.), section
2103 of the Revised Statutes (25 U.S.C. 81), or section 2116 of the Revised
Statutes (25 U.S.C. 177), or any other law, no purchase, grant, lease,
or other conveyance of the land (or any interest in the land), and no
exploration, development, or other agreement relating to the land that
is authorized by resolution by the governing body of the Tribe, shall
require approval by the Secretary of the Interior or any other Federal
official.'.
TITLE II--PUEBLO OF SANTA CLARA AND PUEBLO OF SAN ILDEFONSO
SEC. 201. DEFINITIONS.
(1) AGREEMENT- The term `Agreement' means the agreement entitled `Agreement
to Affirm Boundary Between Pueblo of Santa Clara and Pueblo of San Ildefonso
Aboriginal Lands Within Garcia Canyon Tract', entered into by the Governors
on December 20, 2000.
(2) BOUNDARY LINE- The term `boundary line' means the boundary line established
under section 204(a).
(3) GOVERNORS- The term `Governors' means--
(A) the Governor of the Pueblo of Santa Clara, New Mexico; and
(B) the Governor of the Pueblo of San Ildefonso, New Mexico.
(4) INDIAN TRIBE- The term `Indian tribe' has the meaning given the term
in section 4 of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
(5) PUEBLOS- The term `Pueblos' means--
(A) the Pueblo of Santa Clara, New Mexico; and
(B) the Pueblo of San Ildefonso, New Mexico.
(6) TRUST LAND- The term `trust land' means the land held by the United
States in trust under section 202(a) or 203(a).
SEC. 202. TRUST FOR THE PUEBLO OF SANTA CLARA, NEW MEXICO.
(a) IN GENERAL- All right, title, and interest of the United States in and
to the land described in subsection (b), including improvements on, appurtenances
to, and mineral rights (including rights to oil and gas) to the land, shall
be held by the United States in trust for the Pueblo of Santa Clara, New Mexico.
(b) DESCRIPTION OF LAND- The land referred to in subsection (a) consists of
approximately 2,484 acres of Bureau of Land Management land located in Rio
Arriba County, New Mexico, and more particularly described as--
(1) the portion of T. 20 N., R. 7 E., sec. 22, New Mexico Principal Meridian,
that is located north of the boundary line;
(2) the southern half of T. 20 N., R. 7 E., sec. 23, New Mexico Principal
Meridian;
(3) the southern half of T. 20 N., R. 7 E., sec. 24, New Mexico Principal
Meridian;
(4) T. 20 N., R. 7 E., sec. 25, excluding the 5-acre tract in the southeast
quarter owned by the Pueblo of San Ildefonso;
(5) the portion of T. 20 N., R. 7 E., sec. 26, New Mexico Principal Meridian,
that is located north and east of the boundary line;
(6) the portion of T. 20 N., R. 7 E., sec. 27, New Mexico Principal Meridian,
that is located north of the boundary line;
(7) the portion of T. 20 N., R. 8 E., sec. 19, New Mexico Principal Meridian,
that is not included in the Santa Clara Pueblo Grant or the Santa Clara
Indian Reservation; and
(8) the portion of T. 20 N., R. 8 E., sec. 30, that is not included in the
Santa Clara Pueblo Grant or the San Ildefonso Grant.
SEC. 203. TRUST FOR THE PUEBLO OF SAN ILDEFONSO, NEW MEXICO.
(a) IN GENERAL- All right, title, and interest of the United States in and
to the land described in subsection (b), including improvements on, appurtenances
to, and mineral rights (including rights to oil and gas) to the land, shall
be held by the United States in trust for the Pueblo of San Ildefonso, New
Mexico.
(b) DESCRIPTION OF LAND- The land referred to in subsection (a) consists of
approximately 2,000 acres of Bureau of Land Management land located in Rio
Arriba County and Santa Fe County in the State of New Mexico, and more particularly
described as--
(1) the portion of T. 20 N., R. 7 E., sec. 22, New Mexico Principal Meridian,
that is located south of the boundary line;
(2) the portion of T. 20 N., R. 7 E., sec. 26, New Mexico Principal Meridian,
that is located south and west of the boundary line;
(3) the portion of T. 20 N., R. 7 E., sec. 27, New Mexico Principal Meridian,
that is located south of the boundary line;
(4) T. 20 N., R. 7 E., sec. 34, New Mexico Principal Meridian; and
(5) the portion of T. 20 N., R. 7 E., sec. 35, New Mexico Principal Meridian,
that is not included in the San Ildefonso Pueblo Grant.
SEC. 204. SURVEY AND LEGAL DESCRIPTIONS.
(a) SURVEY- Not later than 180 days after the date of enactment of this Act,
the Office of Cadastral Survey of the Bureau of Land Management shall, in
accordance with the Agreement, complete a survey of the boundary line established
under the Agreement for the purpose of establishing, in accordance with sections
3102(b) and 3103(b), the boundaries of the trust land.
(1) PUBLICATION- On approval by the Governors of the survey completed under
subsection (a), the Secretary shall publish in the Federal Register--
(A) a legal description of the boundary line; and
(B) legal descriptions of the trust land.
(2) TECHNICAL CORRECTIONS- Before the date on which the legal descriptions
are published under paragraph (1)(B), the Secretary may correct any technical
errors in the descriptions of the trust land provided in sections 3102(b)
and 3103(b) to ensure that the descriptions are consistent with the terms
of the Agreement.
(3) EFFECT- Beginning on the date on which the legal descriptions are published
under paragraph (1)(B), the legal descriptions shall be the official legal
descriptions of the trust land.
SEC. 205. ADMINISTRATION OF TRUST LAND.
(a) IN GENERAL- Effective beginning on the date of enactment of this Act--
(1) the land held in trust under section 202(a) shall be declared to be
a part of the Santa Clara Indian Reservation; and
(2) the land held in trust under section 203(a) shall be declared to be
a part of the San Ildefonso Indian Reservation.
(1) IN GENERAL- The trust land shall be administered in accordance with
any law (including regulations) or court order generally applicable to property
held in trust by the United States for Indian tribes.
(2) PUEBLO LANDS ACT- The following shall be subject to section 17 of the
Act of June 7, 1924 (commonly known as the `Pueblo Lands Act') (25 U.S.C.
331 note):
(B) Any land owned as of the date of enactment of this Act or acquired
after the date of enactment of this Act by the Pueblo of Santa Clara in
the Santa Clara Pueblo Grant.
(C) Any land owned as of the date of enactment of this Act or acquired
after the date of enactment of this Act by the Pueblo of San Ildefonso
in the San Ildefonso Pueblo Grant.
(1) IN GENERAL- Subject to the criteria developed under paragraph (2), the
trust land may be used only for--
(A) traditional and customary uses; or
(B) stewardship conservation for the benefit of the Pueblo for which the
trust land is held in trust.
(2) CRITERIA- The Secretary shall work with the Pueblos to develop appropriate
criteria for using the trust land in a manner that preserves the trust land
for traditional and customary uses or stewardship conservation.
(3) LIMITATION- Beginning on the date of enactment of this Act, the trust
land shall not be used for any new commercial developments.
SEC. 206. EFFECT.
(1) affects any valid right-of-way, lease, permit, mining claim, grazing
permit, water right, or other right or interest of a person or entity (other
than the United States) that is--
(A) in or to the trust land; and
(B) in existence before the date of enactment of this Act;
(2) enlarges, impairs, or otherwise affects a right or claim of the Pueblos
to any land or interest in land that is--
(A) based on Aboriginal or Indian title; and
(B) in existence before the date of enactment of this Act;
(3) constitutes an express or implied reservation of water or water right
with respect to the trust land; or
(4) affects any water right of the Pueblos in existence before the date
of enactment of this Act.
SEC. 207. GAMING.
Land taken into trust under this title shall neither be considered to have
been taken into trust for, nor be used for, gaming (as that term is used in
the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)).
TITLE III--DISTRIBUTION OF QUINAULT PERMANENT FISHERIES FUNDS
SEC. 301. DISTRIBUTION OF JUDGMENT FUNDS.
(a) FUNDS TO BE DEPOSITED INTO SEPARATE ACCOUNTS-
(1) IN GENERAL- Subject to section 302, not later than 30 days after the
date of enactment of this Act, the funds appropriated on September 19, 1989,
in satisfaction of an award granted to the Quinault Indian Nation under
Dockets 772-71, 773-71, 774-71, and 775-71 before the United States Claims
Court, less attorney fees and litigation expenses, and including all interest
accrued to the date of disbursement, shall be distributed by the Secretary
and deposited into 3 separate accounts to be established and maintained
by the Quinault Indian Nation (referred to in this title as the `Tribe')
in accordance with this subsection.
(2) ACCOUNT FOR PRINCIPAL AMOUNT-
(A) IN GENERAL- The Tribe shall--
(i) establish an account for the principal amount of the judgment funds;
and
(ii) use those funds to establish a Permanent Fisheries Fund.
(B) USE AND INVESTMENT- The principal amount described in subparagraph
(A)(i)--
(i) except as provided in subparagraph (A)(ii), shall not be expended
by the Tribe; and
(ii) shall be invested by the Tribe in accordance with the investment
policy of the Tribe.
(3) ACCOUNT FOR INVESTMENT INCOME-
(A) IN GENERAL- The Tribe shall establish an account for, and deposit
in the account, all investment income earned on amounts in the Permanent
Fisheries Fund established under paragraph (2)(A)(ii) after the date of
distribution of the funds to the Tribe under paragraph (1).
(B) USE OF FUNDS- Funds deposited in the account established under subparagraph
(A) shall be available to the Tribe--
(i) subject to subparagraph (C), to carry out fisheries enhancement
projects; and
(ii) pay expenses incurred in administering the Permanent Fisheries
Fund established under paragraph (2)(A)(ii).
(C) SPECIFICATION OF PROJECTS- Each fisheries enhancement project carried
out under subparagraph (B)(i) shall be specified in the approved annual
budget of the Tribe.
(4) ACCOUNT FOR INCOME ON JUDGMENT FUNDS-
(A) IN GENERAL- The Tribe shall establish an account for, and deposit
in the account, all investment income earned on the judgment funds described
in subsection (a) during the period beginning on September 19, 1989, and
ending on the date of distribution of the funds to the Tribe under paragraph
(1).
(i) IN GENERAL- Subject to clause (ii), funds deposited in the account
established under subparagraph (A) shall be available to the Tribe for
use in carrying out tribal government activities.
(ii) SPECIFICATION OF ACTIVITIES- Each tribal government activity carried
out under clause (i) shall be specified in the approved annual budget
of the Tribe.
(b) DETERMINATION OF AMOUNT OF FUNDS AVAILABLE- Subject to compliance by the
Tribe with paragraphs (3)(C) and (4)(B)(ii) of subsection (a), the Quinault
Business Committee, as the governing body of the Tribe, may determine the
amount of funds available for expenditure under paragraphs (3) and (4) of
subsection (a).
(c) ANNUAL AUDIT- The records and investment activities of the 3 accounts
established under subsection (a) shall--
(1) be maintained separately by the Tribe; and
(2) be subject to an annual audit.
(d) REPORTING OF INVESTMENT ACTIVITIES AND EXPENDITURES- Not later than 120
days after the date on which each fiscal year of the Tribe ends, the Tribe
shall make available to members of the Tribe a full accounting of the investment
activities and expenditures of the Tribe with respect to each fund established
under this section (which may be in the form of the annual audit described
in subsection (c)) for the fiscal year.
SEC. 302. CONDITIONS FOR DISTRIBUTION.
(a) UNITED STATES LIABILITY- On disbursement to the Tribe of the funds under
section 301(a), the United States shall bear no trust responsibility or liability
for the investment, supervision, administration, or expenditure of the funds.
(b) APPLICATION OF OTHER LAW- All funds distributed under this title shall
be subject to section 7 of the Indian Tribal Judgment Funds Use or Distribution
Act (25 U.S.C. 1407).
Union Calendar No. 235
108th CONGRESS
2d Session
S. 523
[Report No. 108-374, Part I]
AN ACT
To make technical corrections to laws relating to Native Americans, and for
other purposes.
November 17, 2003
Reported and referred to the Committee on Agriculture for a period ending
not later than November 21, 2003, for consideration of such provisions of
the bill as fall within the jurisdiction of that committee pursuant to clause
1(a), rule X
November 21, 2003
Referral to the Committee on Agriculture extended for a period ending not
later than January 31, 2004
January 31, 2004
Committee on Agriculture discharged; committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
END
