[DOCID: f:s2711rs.txt]
Calendar No. 556
107th CONGRESS
2d Session
S. 2711
[Report No. 107-247]
To reauthorize and improve programs relating to Native Americans.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 9, 2002
Mr. Inouye (for himself and Mr. Campbell) introduced the following
bill; which was read twice and referred to the Committee on Indian
Affairs
August 28, 2002
Reported under authority of the order of the Senate of July 29, 2002,
by Mr. Inouye, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To reauthorize and improve programs relating to Native Americans.
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 ``Indian
Programs Reauthorization and Technical Amendments Act of
2002''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--REAUTHORIZATIONS
Sec. 101. Bosque Redondo Memorial Act.
Sec. 102. Navajo-Hopi Land Settlement Act of 1974.
Sec. 103. Indian Health Care Improvement Act.
Sec. 104. Indian Alcohol and Substance Abuse Prevention and
Treatment Act of 1986.
Sec. 105. Indian Child Protection and Family Violence
Prevention Act.
Sec. 106. Native American Programs Act of 1974.
Sec. 107. Native Hawaiian Health Care Improvement Act.
Sec. 108. Four Corners Interpretive Center Act.
TITLE II--PROVISIONS RELATING TO PARTICULAR INDIAN TRIBES
Sec. 201. Authorization of 99-year leases for Confederated
Tribes of the Umatilla Indian Reservation.
Sec. 202. Cow Creek land selection.
Sec. 203. Navajo-Hopi Relocation Impact Study.
Sec. 204. Ponca Tribe of Nebraska.
Sec. 205. Mississippi Band of Choctaw Indians.
Sec. 206. Modification of Pueblo de Cochiti Settlement.
Sec. 207. Chippewa Cree Tribe of the Rocky Boy's Reservation
settlement modification.
Sec. 208. Disposal of Oil Shale Reserve Numbered 2.
Sec. 209. Land of Pechanga Band of Luiseno Mission Indians.
Sec. 210. Quinault Indian Nation water feasibility study.
Sec. 211. Waiver of repayment of expert assistance loans to
the Pueblo of Santo Domingo.
Sec. 212. Trinity River record of decision.
TITLE III--NATIVE AMERICAN PROGRAMS
Sec. 301. Trademarks for Indian arts and crafts.
Sec. 302. Tribally controlled postsecondary vocational and
technical institutions.
Sec. 303. Self-determination provisions.
Sec. 304. Indian land consolidation.
TITLE I--REAUTHORIZATIONS
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--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``2000''
and inserting ``2004''; and
(B) in paragraph (2), by striking ``2001
and 2002'' and inserting ``2005 and 2006'';
and
(2) in subsection (b), by striking ``2002'' and
inserting ``2006,''.
SEC. 102. NAVAJO-HOPI LAND SETTLEMENT ACT OF 1974.
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 2002 through 2006''.
SEC. 103. INDIAN HEALTH CARE IMPROVEMENT ACT.
(a) Indian Health Professional Personnel.--Title I of the
Indian Health Care Improvement Act is amended by striking section 123
(25 U.S.C. 1616p) and inserting the following:
``SEC. 123. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out
this title such sums as are necessary for each of fiscal years 2002
through 2006.''.
(b) Health Services.--
(1) Authorization of appropriations.--
(A) Intermediate adolescent mental health
services.--Section 209(m) of the Indian Health Care
Improvement Act (25 U.S.C. 1621h(m)) is amended by
striking paragraph (6) and inserting the
following:
``(n) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such sums as
are necessary for each of fiscal years 2002 through 2006.''.
(B) California contract health services
demonstration program.--Section 211 of the Indian
Health Care Improvement Act (25 U.S.C. 1621j) is
amended by striking subsection (g) and inserting the
following:
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such sums as
are necessary for each of fiscal years 2002 through 2006.''.
(C) Patient travel costs.--Section 213 of
the Indian Health Care Improvement Act (25 U.S.C.
1621l) is amended by striking subsection (b) and
inserting the following:
``(b) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such sums as
are necessary for each of fiscal years 2002 through 2006.''.
(D) Epidemiology centers.--Section 214(b)
of the Indian Health Care Improvement Act (25 U.S.C.
1621m(b)) is amended by striking paragraph (6) and
inserting the following:
``(6) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as are necessary for each of fiscal years 2002 through
2006.''.
(E) Comprehensive school health education
programs.--Section 215 of the Indian Health Care
Improvement Act (25 U.S.C. 1621n) is amended by
striking subsection (g) and inserting the
following:
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such sums as
are necessary for each of fiscal years 2002 through 2006.''.
(F) Indian youth grant program.--Section
216 of the Indian Health Care Improvement Act (25
U.S.C. 1621o) is amended by striking subsection (e) and
inserting the following:
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such sums as
are necessary for each of fiscal years 2002 through 2006.''.
(2) Additional authorization of appropriations.--
Title II of the Indian Health Care Improvement Act is amended
by striking section 224 (25 U.S.C. 1621w) and inserting the
following:
``SEC. 224. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out
this title (other than sections 209(m), 211(g), 213(b), 214(b)(6),
215(g), and 216(e)) such sums as are necessary for each of fiscal years
2002 through 2006.''.
(c) Health Facilities.--Title III of the Indian Health
Care Improvement Act is amended by striking section 309 (25 U.S.C.
1638a) and inserting the following:
``SEC. 309. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out
this title such sums as are necessary for each of fiscal years 2002
through 2006.''.
(d) Access to Health Services.--Title IV of the Indian
Health Care Improvement Act is amended by striking section 407 (25
U.S.C. 1647) and inserting the following:
``SEC. 407. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out
this title such sums as are necessary for each of fiscal years 2002
through 2006.''.
(e) Health Services for Urban Indians.--Title V of the
Indian Health Care Improvement Act is amended by striking section 514
(25 U.S.C. 1660d) and inserting the following:
``SEC. 514. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out
this title such sums as are necessary for each of fiscal years 2002
through 2006.''.
(f) Organizational Improvements.--Title VI of the Indian
Health Care Improvement Act is amended by striking section 603 (25
U.S.C. 1663) and inserting the following:
``SEC. 603. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out
this title such sums as are necessary for each of fiscal years 2002
through 2006.''.
(g) Substance Abuse Programs.--
(1) Authorization of appropriations.--
(A) Indian women treatment programs.--
Section 703 of the Indian Health Care Improvement Act
(25 U.S.C. 1665b) is amended by striking subsection (d)
and inserting the following:
``(d) Authorization of Appropriations.--
``(1) In general.--Subject to paragraph (2), there
are authorized to be appropriated to carry out this section
such sums as are necessary for each of fiscal years 2002
through 2006.
``(2) Grants.--Of the funds made available under
paragraph (1) for a fiscal year, 20 percent shall be used to
provide grants to urban Indian organizations funded under title
V.''.
(B) Gallup alcohol and substance abuse
treatment center.--Section 706 of the Indian Health
Care Improvement Act (25 U.S.C. 1665e) is amended by
striking subsection (d) and inserting the
following:
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such sums as
are necessary for each of fiscal years 2002 through 2006.''.
(C) Fetal alcohol syndrome and fetal
alcohol effect grants.--Section 708 of the Indian
Health Care Improvement Act (25 U.S.C. 1665g) is
amended by striking subsection (f) and inserting the
following:
``(f) Authorization of Appropriations.--
``(1) In general.--Subject to paragraph (2), there
are authorized to be appropriated to carry out this section
such sums as are necessary for each of fiscal years 2002
through 2006.
``(2) Grants.--Of the funds made available under
paragraph (1) for a fiscal year, 10 percent shall be used to
provide grants to urban Indian organizations funded under title
V.''.
(D) Thunder child treatment center.--
Section 710 of the Indian Health Care Improvement Act
(25 U.S.C. 1665i) is amended--
(i) by striking ``(b) For the
purposes of'' and all that follows through ``No
funding'' and inserting the
following:
``(b) Authorization of Appropriations.--
``(1) In general.--There are authorized to be
appropriated to carry out this section such sums as are
necessary for each of fiscal years 2002 through 2006.
``(2) Staffing and operation.--No funding'';
and
(ii) in the third sentence, by
striking ``None of the funding'' and inserting
the following:
``(3) Administrative purposes.--None of the
funding''.
(E) Substance abuse counselor education
demonstration project.--Section 711 of the Indian
Health Care Improvement Act (25 U.S.C. 1665j) is
amended by striking subsection (h) and inserting the
following:
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such sums as
are necessary for each of fiscal years 2002 through 2006, to remain
available until expended.''.
(2) Additional authorization of appropriations.--
Title VII of the Indian Health Care Improvement Act is amended
by striking section 714 (25 U.S.C. 1665m) and inserting the
following:
``SEC. 714. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out
this title (other than sections 703(d), 706(d), 708(f), 710(b), and
711(h)) such sums as are necessary for each of fiscal years 2002
through 2006.''.
(h) Miscellaneous.--
(1) Home- and community-based care demonstration
project.--Section 821 of the Indian Health Care Improvement Act
(25 U.S.C. 1680k) is amended by striking subsection (i) and
inserting the following:
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such sums as
are necessary for each of fiscal years 2002 through 2006, to remain
available until expended.''.
(2) Authorization of appropriations.--Title VIII
of the Indian Health Care Improvement Act is amended by
striking section 825 (25 U.S.C. 1680o) and inserting the
following:
``SEC. 825. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out
this title (other than section 821) such sums as are necessary for each
of fiscal years 2002 through 2006.''.
SEC. 104. INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND
TREATMENT ACT OF 1986.
(a) Tribal Action Plans.--
(1) In general.--Section 4206(d) of the Indian
Alcohol and Substance Abuse Prevention and Treatment Act of
1986 (25 U.S.C. 2412(d)) is amended--
(A) by striking ``(1) The Secretary'' and
inserting the following:
``(1) In general.--The Secretary''; and
(B) by striking paragraph (2) and
inserting the following:
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as are necessary for each of fiscal years 2002 through
2006.''.
(2) Additional authorization.--Section 4206(f) of
the Indian Alcohol and Substance Abuse Prevention and Treatment
Act of 1986 (25 U.S.C. 2412(f)) is amended--
(A) by striking ``(f)(1) The Secretary''
and inserting the following:
``(f) Grants for In-School Training Programs.--
``(1) In general.--The Secretary'';
(B) in paragraph (2)--
(i) by striking ``(2) Funds'' and
inserting the following:
``(2) Use of funds.--Funds''; and
(ii) by indenting subparagraphs
(A) through (E) appropriately; and
(C) by striking paragraph (3) and
inserting the following:
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as are necessary for each of fiscal years 2002 through
2006.''.
(b) Newsletter.--Section 4210 of the Indian Alcohol and
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2416)
is amended by striking subsection (b) and inserting the
following:
``(b) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such sums as
are necessary for each of fiscal years 2002 through 2006.''.
(c) Indian Education Programs.--Section 4212(a) of the
Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986
(25 U.S.C. 2432(a)) is amended--
(1) in the first sentence, by striking ``The
Assistant Secretary of Indian Affairs'' and inserting the
following:
``(1) In general.--The Assistant Secretary of
Indian Affairs'';
(2) in the second sentence, by striking ``The
Assistant Secretary shall'' and inserting the
following:
``(2) Defrayment of costs.--The Assistant
Secretary shall''; and
(3) by striking the third sentence and inserting
the following:
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as are necessary for each of fiscal years 2002 through
2006.''.
(d) Emergency Shelters.--Section 4213(e) of the Indian
Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25
U.S.C. 2433(e)) is amended--
(1) by striking paragraphs (1) through (3) and
inserting the following:
``(1) In general.--There are authorized to be
appropriated to carry out planning and design, construction,
and renovation of, or to purchase or lease land or facilities
for, emergency shelters and halfway houses to provide emergency
care for Indian youth, such sums as are necessary for each of
fiscal years 2002 through 2006.
``(2) Staffing and operation.--There is authorized
to be appropriated for staffing and operation of emergency
shelters and halfway houses described in paragraph (1)
$7,000,000 for each of fiscal years 2002 through
2006.
``(3) Allocation.--
``(A) In general.--The Secretary of the
Interior shall allocate funds made available under this
subsection to Indian tribes on the basis of priority of
need of the Indian tribes.
``(B) Contracting and grants.--Funds
allocated under subparagraph (A) shall be subject to
contracting or available for grants under the Indian
Self-Determination Act (25 U.S.C. 450f et
seq.).'';
(2) in paragraph (4), by striking ``(4) Funds''
and inserting the following:
``(4) Conditions for use.--Funds''; and
(3) in paragraph (5)--
(A) by striking ``(5) Nothing in this Act
may be construed'' and inserting the
following:
``(5) Effect on other authority.--Nothing in this
Act'';
(B) in subparagraph (A)--
(i) by striking ``to limit'' and
inserting ``limits''; and
(ii) by striking ``houses, or''
and inserting ``houses; or''; and
(C) in subparagraph (B), by striking ``to
require'' and inserting ``requires''.
(e) Illegal Narcotics Traffic on the Tohono O'Odham and
St. Regis Reservations; Source Eradication.--Section 4216 of the Indian
Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25
U.S.C. 2442) is amended--
(1) in subsection (a), by striking paragraph (3)
and inserting the following:
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as are necessary for each of fiscal years 2002 through
2006.''; and
(2) in subsection (b), by striking paragraph (2)
and inserting the following:
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as are necessary for each of fiscal years 2002 through
2006.''.
(f) Bureau of Indian Affairs Law Enforcement and Judicial
Training.--Section 4218 of the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986 (25 U.S.C. 2451) is amended by
striking subsection (b) and inserting the following:
``(b) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such sums as
are necessary for each of fiscal years 2002 through 2006.''.
(g) Juvenile Detention Centers.--Section 4220 of the
Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986
(25 U.S.C. 2453) is amended by striking subsection (b) and inserting
the following:
``(b) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such sums as
are necessary for each of fiscal years 2002 through 2006.''.
SEC. 105. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE
PREVENTION ACT.
(a) Indian Child Abuse Treatment Grant Program.--Section
409 of the Indian Child Protection and Family Violence Prevention Act
(25 U.S.C. 3208) is amended by striking subsection (e) and inserting
the following:
``(e) Authorization of Appropriations.--There is
authorized to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2002 through 2006.''.
(b) Indian Child Resource and Family Services Centers.--
Section 410 of the Indian Child Protection and Family Violence
Prevention Act (25 U.S.C. 3209) is amended by striking subsection (h)
and inserting the following:
``(h) Authorization of Appropriations.--There is
authorized to be appropriated to carry out this section $3,000,000 for
each of fiscal years 2002 through 2006.''.
(c) Indian Child Protection and Family Violence Prevention
Program.--Section 411 of the Indian Child Protection and Family
Violence Prevention Act (25 U.S.C. 3210) is amended by striking
subsection (i) and inserting the following:
``(i) Authorization of Appropriations.--There is
authorized to be appropriated to carry out this section $30,000,000 for
each of fiscal years 2002 through 2006.''.
SEC. 106. NATIVE AMERICAN PROGRAMS ACT OF 1974.
(a) In General.--Section 816 of the Native American
Programs Act of 1974 (42 U.S.C. 2992d) is amended--
(1) by striking subsections (a) through (c) and
inserting the following:
``(a) In General.--There are authorized to be
appropriated--
``(1) to carry out section 803(d), $8,000,000 for
each of fiscal years 2002 through 2006; and
``(2) to carry out provisions of this title other
than section 803(d) and any other provision having an express
authorization of appropriations, such sums as are necessary for
each of fiscal years 2002 through 2006.
``(b) Limitation.--Not less than 90 percent of the funds
made available to carry out this title for a fiscal year (other than
funds made available to carry out section 803(d), 803A, 803C, 804, and
any other provision of this title having an express authorization of
appropriations) shall be expended to carry out section
803(a).'';
(2) by redesignating subsection (d) as subsection
(c); and
(3) by striking subsection (e).
(b) Express Authorization.--Section 803A(f) of the Native
American Programs Act of 1974 (42 U.S.C. 2991b-1(f)) is amended--
(1) by striking ``(f)(1)'' and all that follows
through the end of paragraph (1) and inserting the
following:
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of
fiscal years 2002 through 2006, to remain available until
expended.''; and
(2) in paragraph (2), by striking ``(2) The
revolving loan fund'' and inserting the following:
``(2) Revolving loan fund.--The revolving loan
fund''.
SEC. 107. NATIVE HAWAIIAN HEALTH CARE IMPROVEMENT
ACT.
(a) Native Hawaiian Health Care Systems.--Section 6 of the
Native Hawaiian Health Care Improvement Act (42 U.S.C. 11705) is
amended by striking subsection (h) and inserting the
following:
``(h) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to carry out
this section for each of fiscal years 2002 through 2006.''.
(b) Native Hawaiian Health Scholarships.--Section 10 of
the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11709) is
amended by striking subsection (c) and inserting the
following:
``(c) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to carry out
this section for each of fiscal years 2002 through 2006.''.
SEC. 108. FOUR CORNERS INTERPRETIVE CENTER ACT.
Section 7 of the Four Corners Interpretive Center Act
(Public Law 106-143; 113 Stat. 1706) is amended--
(1) in subsection (a)(2), by striking ``2005'' and
inserting ``2007'';
(2) in subsection (b), by striking ``2002'' and
inserting ``2004''; and
(3) in subsection (c), by striking ``2001'' and
inserting ``2003''.
TITLE II--PROVISIONS RELATING TO PARTICULAR INDIAN
TRIBES
SEC. 201. AUTHORIZATION OF 99-YEAR LEASES FOR CONFEDERATED
TRIBES OF THE UMATILLA INDIAN RESERVATION.
(a) In General.--Subsection (a) of the first section of
the Act of August 9, 1955 (25 U.S.C. 415(a)) is amended in the second
sentence--
(1) by inserting ``the reservation of the
Confederated Tribes of the Umatilla Indian Reservation,''
before ``the Burns Paiute Reservation,'';
(2) by inserting ``the'' before ``Yavapai-
Prescott''; and
(3) by striking ``Washington,,'' and inserting
``Washington,''.
(b) Effective Date.--The amendments made by subsection (a)
apply to any lease entered into on, or renewed after, the date of
enactment of this Act.
SEC. 202. COW CREEK LAND SELECTION.
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. 203. NAVAJO-HOPI RELOCATION IMPACT STUDY.
(a) Reauthorization.--Section 25(a) of Public Law 93-531
(commonly known as the ``Navajo-Hopi Land Settlement Act of 1974'') (25
U.S.C. 640d-24(a)) is amended by striking paragraph (8) and inserting
the following:
``(8) Relocation housing.--There is authorized to
be appropriated to carry out section 15 $30,000,000 for each of
fiscal years 2002 through 2006.''.
(b) Study.--Public Law 93-531 (commonly known as the
``Navajo-Hopi Land Settlement Act of 1974'') (25 U.S.C. 640d et seq.)
is amended--
(1) by redesignating the second section 32 (25
U.S.C. 640d-31) as section 33; and
(2) by adding at the end the following:
``SEC. 34. NAVAJO-HOPI RELOCATION IMPACT STUDY.
``(a) In General.--Not later than 90 days after the date
of enactment of this section, the Secretary shall enter into a contract
with an independent contractor under which the independent contractor
shall complete, not later than 1 year after the date of enactment of
this section, a study to determine whether--
``(1) the purposes of this Act have been achieved;
and
``(2) recommended activities should be carried out
to mitigate the consequences of the implementation of this
Act.
``(b) Scope.--The study conducted under subsection (a)
shall include an analysis of--
``(1) the long-term effects of the relocation
programs under this Act;
``(2) the ongoing needs of the populations
relocated under this Act;
``(3) the ongoing needs of the other communities
affected by relocations under this Act, including communities
affected by section 10(f);
``(4) the effects of termination of the relocation
programs under this Act, including the effects of--
``(A) closure of the Office of Navajo and
Hopi Indian Relocation; and
``(B) transfer of responsibilities of that
Office to other Federal agencies and the Navajo Nation
in accordance with applicable provisions of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.); and
``(5) other appropriate factors, as determined by
the Secretary.
``(c) Report.--Not later than 1 year after the date of
enactment of this section, the Secretary shall submit to Congress, the
Hopi Tribe, and the Navajo Nation a report that describes the results
of the study conducted under subsection (a).
``(d) Funding.--Of amounts made available to the Office of
Navajo and Hopi Indian Relocation, not more than $1,000,000 shall be
made available to the Secretary to carry out this section.''.
SEC. 204. PONCA TRIBE OF NEBRASKA.
Section 5 of the Ponca Restoration Act (25 U.S.C. 983c) is
amended--
(1) in the first sentence, by striking
``Notwithstanding'' and inserting the following:
``(a) In General.--Notwithstanding'';
(2) in the second sentence, by striking ``In the
case of Federal'' and inserting the following:
``(b) Federal Services.--In the case of Federal'';
and
(3) by adding at the end the following:
``(c) Designation.--For the purpose of services provided
by the Indian Health Service, the area comprised of Douglas County and
Sarpy County, Nebraska, and Pottawattamie County, Iowa, is designated
as the Ponca Health and Wellness Clinic Service Unit.''.
SEC. 205. 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. 206. MODIFICATION OF PUEBLO DE COCHITI
SETTLEMENT.
Section 1 of Public Law 102-358 (106 Stat. 960) is
amended--
(1) by striking ``implement the settlement'' and
inserting the following: ``implement--
``(1) the settlement;'';
(2) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(2) the modifications regarding the use of the
settlement funds as described in the agreement known as the
`First Amendment to Operation and Maintenance Agreement for
Implementation of Cochiti Wetlands Solution', executed--
``(A) on October 22, 2001, by the Army
Corps of Engineers;
``(B) on October 25, 2001, by the Pueblo
de Cochiti of New Mexico; and
``(C) on November 8, 2001, by the
Secretary of the Interior.''.
SEC. 207. CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION
SETTLEMENT MODIFICATION.
(a) In General.--Section 101(b)(3) 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; 113 Stat. 1782) is amended by striking ``3 years'' and inserting
``5 years''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to any decree described in section 101(b)(1) 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; 113 Stat. 1782) entered into on or after December
9, 1999.
SEC. 208. DISPOSAL OF OIL SHALE RESERVE NUMBERED 2.
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) no grant, lease, exploration or development
agreement, or other conveyance of the land (or any interest in
the land) that is authorized by the governing body of the Tribe
shall be subject to approval by the Secretary of the Interior
or any other Federal official.''.
SEC. 209. 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 transferred
or otherwise made available for condemnation until the date on which--
(1) the Secretary of the Interior renders a final
decision on the fee-to-trust application pending on the date of
enactment of this Act concerning the land; and
(2) final decisions have been rendered regarding
all appeals relating to the application decision.
(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.
SEC. 210. QUINAULT INDIAN NATION WATER FEASIBILITY
STUDY.
(a) In General.--The Secretary of the Interior may carry
out a water source, quantity, and quality feasibility study for 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 of the Interior 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. 211. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO
THE PUEBLO OF SANTO DOMINGO.
Notwithstanding any other provision of law--
(1) the balances of all expert assistance loans
made to the Pueblo of Santo Domingo under Public Law 88-168 (77
Stat. 301), and relating to Pueblo of Santo Domingo v. United
States (Docket No. 355 of the United States Court of Federal
Claims), including all principal and interest, are canceled;
and
(2) the Secretary of the Interior shall take such
action as is necessary to--
(A) document the cancellation under
paragraph (1); and
(B) release the Pueblo of Santo Domingo
from any liability associated with any loan described
in paragraph (1).
SEC. 212. TRINITY RIVER RECORD OF DECISION.
(a) In General.--Notwithstanding any other provision of
law, the record of decision by the United States Fish and Wildlife
Service entitled ``Trinity River Mainstem Fishery Restoration'', issued
by the Secretary of the Interior with the concurrence of the Hoopa
Valley Tribe on December 19, 2000 (referred to in this section as the
``record of decision''), shall be considered to comply with all
provisions of law under which, and subject to which, the record of
decision was issued.
(b) Implementation.--As soon as practicable after the date
of enactment of this Act, the Secretary of the Interior, and any other
person with respect to which the record of decision describes any
right, authority, or obligation, shall implement and otherwise comply
with the record of decision.
(c) Modification.--The Secretary may modify the record of
decision only with the concurrence of--
(1) the Hoopa Valley Tribe; and
(2) the Yurok Tribe.
TITLE III--NATIVE AMERICAN PROGRAMS
SEC. 301. TRADEMARKS FOR INDIAN ARTS AND CRAFTS.
(a) Powers of Indian Arts and Crafts Board.--Section 2(g)
of the Act of August 27, 1935 (25 U.S.C. 305a(g)), is amended--
(1) in paragraph (1), by inserting ``trademarks
for'' after ``products and'';
(2) in paragraph (3), by striking ``and assign it
and the goodwill associated with it to an individual Indian or
Indian tribe without charge; and'' and inserting a
semicolon;
(3) in paragraph (4), by striking ``to pursue or
defend in the courts any appeal or proceeding with respect to
any final determination of that office'' and inserting ``to
file with the United States Patent and Trademark Office, and
prosecute, an application for any trademark or other mark
described in paragraph (1) that is owned by an individual
Indian, Indian tribe, or Indian arts and crafts organization,
for registration without charge in the United States Patent and
Trademark Office''; and
(4) by inserting after the semicolon at the end
the following: ``(5)(A) to assign any trademark described in
paragraph (2) that is owned by the Federal Government, and the
goodwill associated with the trademark, to an individual
Indian, Indian tribe, or Indian arts and crafts organization;
and (B) to record any such assignment in the United States
Patent and Trademark Office, without charge; and (6) to pursue
or defend in the appropriate courts of the United States any
appeal or proceeding with respect to any final determination of
the United States Patent and Trademark Office;''.
(b) Trademark Fee Waiver.--Section 31(b) of the Act of
July 5, 1946 (15 U.S.C. 1113(b)), is amended--
(1) in the first sentence, by striking ``The
Director'' and inserting the following:
``(1) Waiver.--The Director''; and
(2) by striking the second sentence and inserting
the following:
``(2) Indian products.--
``(A) In general.--The Indian Arts and
Crafts Board will not be charged any fee to register
trademarks for Indian products or for the products of
an individual Indian, Indian tribe, or Indian arts and
crafts organization (as those terms are used in section
2 of the Act of August 27, 1935 (25 U.S.C.
305a)).
``(B) No registration fees.--An individual
Indian, Indian tribe, or Indian arts and crafts
organization (as those terms are used in section 2 of
the Act of August 27, 1935 (25 U.S.C. 305a)) shall not
be charged any fee to register a trademark or other
mark for an Indian arts and crafts
product.''.
SEC. 302. TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL AND
TECHNICAL INSTITUTIONS.
Section 311(a) of the Carl D. Perkins Vocational and
Technical Education Act of 1998 (20 U.S.C. 2391(a)) is amended--
(1) by striking ``Funds made available'' and
inserting the following:
``(1) In general.--Except as provided in paragraph
(2), funds made available''; and
(2) by adding at the end the following:
``(2) Exemption for tribally controlled
postsecondary vocational and technical institutions.--Paragraph
(1) shall not apply to funds made available under section
117.''.
SEC. 303. SELF-DETERMINATION PROVISIONS.
(a) Application of Laws to Administrative Appeals.--
Section 110 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450m-1) is amended by striking subsection (c) and
inserting the following:
``(c) Application of Laws to Administrative Appeals.--
``(1) In general.--The Equal Access to Justice Act
(5 U.S.C. 504 note; Public Law 96-481), section 504 of title 5,
United States Code, and section 2412 of title 28, United States
Code, shall apply to an administrative appeal by a tribal
organization that--
``(A) is pending on or filed after October
5, 1988; and
``(B) relates to a contract, a grant
agreement, or any other agreement or compact authorized
under--
``(i) this Act; or
``(ii) the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et
seq.).
``(2) Fee.--
``(A) In general.--In the case of any
claim for a fee described in subparagraph (B), the fee
shall be $125 per hour, unless an appropriate Federal
agency determines by regulation that an increase in the
cost of living or a special factor, such as the limited
availability of qualified attorneys or agents for the
proceedings involved, justifies a higher fee.
``(B) Description of claim.--A claim
described in this subparagraph is--
``(i) a claim by a person for a
fee for services relating to an appeal
described in paragraph (1) that are performed
on or after March 29, 1996; or
``(ii) a claim by a person for a
fee for services that--
``(I) is asserted on or
after March 29, 1996; but
``(II) is for a fee for
services relating to an appeal
described in paragraph (1) performed
before that date.''.
(b) Incorporation of Self-Determination Provisions.--
Section 403 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 458cc) is amended by striking subsection (l) and
inserting the following:
``(l) Incorporation of Self-Determination Provisions.--
``(1) In general.--At the option of any
participating Indian tribe, any or all of the provisions of
title I or V shall be incorporated in a compact or funding
agreement entered into under title III or this title.
``(2) Force and effect.--A provision incorporated
under paragraph (1) shall--
``(A) have the same force and effect as if
included in title III or this title; and
``(B) be deemed to--
``(i) supplement or supplant any
related provision in this title, as
appropriate; and
``(ii) apply to any agency subject
to this title.
``(3) Timing.--In any case in which an Indian
tribe requests incorporation of a provision under paragraph (1)
during the negotiation stage of a compact or funding agreement
described in that paragraph, the incorporation shall--
``(A) be considered to be effective
immediately; and
``(B) control the negotiation and any
resulting compact or funding agreement.''.
SEC. 304. INDIAN LAND CONSOLIDATION.
(a) Technical Correction.--Section 206(c)(2)(B) of the
Indian Land Consolidation Act (25 U.S.C. 2205(c)(2)(B)) is amended by
striking ``207(a)(6)(B) of this Act'' and inserting
``207(a)(6)''.
(b) Effective Date.--Section 207(g) of the Indian Land
Consolidation Act (25 U.S.C. 2206(g)) is amended by striking paragraph
(5) and inserting the following:
``(5) Effective date.--
``(A) In general.--Except as provided in
subparagraph (B), this section shall not apply to the
estate of an individual who dies before the date that
is 1 year after the date on which the Secretary makes
the certification required under paragraph
(4).
``(B) Approval.--Subsection (e) takes
effect on November 7, 2000.''.
(c) Trust and Restricted Land Transactions.--Section
217(c) of the Indian Land Consolidation Act (25 U.S.C. 2216(c)) is
amended--
(1) by striking the subsection heading and all
that follows through the end of the first sentence and
inserting the following:
``(c) Acquisition of Interest by Secretary.--
``(1) Request.--
``(A) In general.--An Indian, or the
recognized tribal government of a reservation, that is
in possession of any portion of the fee interest in a
parcel of land described in subparagraph (B) may
request that the interest be taken into trust by the
Secretary.
``(B) Land.--A parcel of land described in
this subparagraph is any parcel of land--
``(i) that is located within a
reservation; and
``(ii) at least a portion of the
ownership interest in which is held by the
Secretary, in trust or restricted status, on
November 7, 2000.''; and
(2) in the second sentence, by striking ``Upon''
and inserting the following:
``(2) Interest.--Upon''.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Indian Programs
Reauthorization and Technical Amendments Act of 2002''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REAUTHORIZATIONS
Sec. 101. Bosque Redondo Memorial Act.
Sec. 102. Navajo-Hopi Land Settlement Act of 1974.
Sec. 103. Indian Health Care Improvement Act.
Sec. 104. Indian Alcohol and Substance Abuse Prevention and Treatment
Act of 1986.
Sec. 105. Indian Child Protection and Family Violence Prevention Act.
Sec. 106. Native American Programs Act of 1974.
Sec. 107. Native Hawaiian Health Care Improvement Act.
Sec. 108. Four Corners Interpretive Center Act.
TITLE II--PROVISIONS RELATING TO PARTICULAR INDIAN TRIBES
Sec. 201. Authorization of 99-year leases for Confederated Tribes of
the Umatilla Indian Reservation.
Sec. 202. Cow Creek land selection.
Sec. 203. Navajo-Hopi Relocation Impact Study.
Sec. 204. Mississippi Band of Choctaw Indians.
Sec. 205. Modification of Pueblo de Cochiti Settlement.
Sec. 206. Chippewa Cree Tribe of the Rocky Boy's Reservation settlement
modification.
Sec. 207. Disposal of Oil Shale Reserve Numbered 2.
Sec. 208. Land of Pechanga Band of Luiseno Mission Indians.
Sec. 209. Quinault Indian Nation water feasibility study.
Sec. 210. Waiver of repayment of expert assistance loans to the Pueblo
of Santo Domingo.
Sec. 211. Trinity River record of decision.
TITLE III--NATIVE AMERICAN PROGRAMS
Sec. 301. Trademarks for Indian arts and crafts.
Sec. 302. Tribally controlled postsecondary vocational and technical
institutions.
Sec. 303. Self-determination provisions.
Sec. 304. Indian land consolidation.
TITLE I--REAUTHORIZATIONS
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--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--There is authorized to be appropriated to carry
out this title $2,000,000 for fiscal year 2001.''; and
(2) in subsection (b), by striking ``2002'' and inserting
``2006,''.
SEC. 102. NAVAJO-HOPI LAND SETTLEMENT ACT OF 1974.
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 2002
through 2006''.
SEC. 103. INDIAN HEALTH CARE IMPROVEMENT ACT.
(a) Indian Health Professional Personnel.--Title I of the Indian
Health Care Improvement Act is amended by striking section 123 (25
U.S.C. 1616p) and inserting the following:
``SEC. 123. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
such sums as are necessary for each of fiscal years 2002 through
2006.''.
(b) Health Services.--
(1) Authorization of appropriations.--
(A) Intermediate adolescent mental health
services.--Section 209(m) of the Indian Health Care
Improvement Act (25 U.S.C. 1621h(m)) is amended by
striking paragraph (6) and inserting the following:
``(n) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2002 through 2006.''.
(B) California contract health services
demonstration program.--Section 211 of the Indian
Health Care Improvement Act (25 U.S.C. 1621j) is
amended by striking subsection (g) and inserting the
following:
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2002 through 2006.''.
(C) Patient travel costs.--Section 213 of the
Indian Health Care Improvement Act (25 U.S.C. 1621l) is
amended by striking subsection (b) and inserting the
following:
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2002 through 2006.''.
(D) Epidemiology centers.--Section 214(b) of the
Indian Health Care Improvement Act (25 U.S.C. 1621m(b))
is amended by striking paragraph (6) and inserting the
following:
``(6) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as are necessary for each of fiscal years 2002 through
2006.''.
(E) Comprehensive school health education
programs.--Section 215 of the Indian Health Care
Improvement Act (25 U.S.C. 1621n) is amended by
striking subsection (g) and inserting the following:
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2002 through 2006.''.
(F) Indian youth grant program.--Section 216 of the
Indian Health Care Improvement Act (25 U.S.C. 1621o) is
amended by striking subsection (e) and inserting the
following:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2002 through 2006.''.
(2) Additional authorization of appropriations.--Title II
of the Indian Health Care Improvement Act is amended by
striking section 224 (25 U.S.C. 1621w) and inserting the
following:
``SEC. 224. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
(other than sections 209(m), 211(g), 213(b), 214(b)(6), 215(g), and
216(e)) such sums as are necessary for each of fiscal years 2002
through 2006.''.
(c) Health Facilities.--Title III of the Indian Health Care
Improvement Act is amended by striking section 309 (25 U.S.C. 1638a)
and inserting the following:
``SEC. 309. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
such sums as are necessary for each of fiscal years 2002 through
2006.''.
(d) Access to Health Services.--Title IV of the Indian Health Care
Improvement Act is amended by striking section 407 (25 U.S.C. 1647) and
inserting the following:
``SEC. 407. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
such sums as are necessary for each of fiscal years 2002 through
2006.''.
(e) Health Services for Urban Indians.--Title V of the Indian
Health Care Improvement Act is amended by striking section 514 (25
U.S.C. 1660d) and inserting the following:
``SEC. 514. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
such sums as are necessary for each of fiscal years 2002 through
2006.''.
(f) Organizational Improvements.--Title VI of the Indian Health
Care Improvement Act is amended by striking section 603 (25 U.S.C.
1663) and inserting the following:
``SEC. 603. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
such sums as are necessary for each of fiscal years 2002 through
2006.''.
(g) Substance Abuse Programs.--
(1) Authorization of appropriations.--
(A) Indian women treatment programs.--Section 703
of the Indian Health Care Improvement Act (25 U.S.C.
1665b) is amended by striking subsection (d) and
inserting the following:
``(d) Authorization of Appropriations.--
``(1) In general.--Subject to paragraph (2), there are
authorized to be appropriated to carry out this section such
sums as are necessary for each of fiscal years 2002 through
2006.
``(2) Grants.--Of the funds made available under paragraph
(1) for a fiscal year, 20 percent shall be used to provide
grants to urban Indian organizations funded under title V.''.
(B) Gallup alcohol and substance abuse treatment
center.--Section 706 of the Indian Health Care
Improvement Act (25 U.S.C. 1665e) is amended by
striking subsection (d) and inserting the following:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2002 through 2006.''.
(C) Fetal alcohol syndrome and fetal alcohol effect
grants.--Section 708 of the Indian Health Care
Improvement Act (25 U.S.C. 1665g) is amended by
striking subsection (f) and inserting the following:
``(f) Authorization of Appropriations.--
``(1) In general.--Subject to paragraph (2), there are
authorized to be appropriated to carry out this section such
sums as are necessary for each of fiscal years 2002 through
2006.
``(2) Grants.--Of the funds made available under paragraph
(1) for a fiscal year, 10 percent shall be used to provide
grants to urban Indian organizations funded under title V.''.
(D) Thunder child treatment center.--Section 710 of
the Indian Health Care Improvement Act (25 U.S.C.
1665i) is amended--
(i) by striking ``(b) For the purposes of''
and all that follows through ``No funding'' and
inserting the following:
``(b) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section such sums as are necessary for each
of fiscal years 2002 through 2006.
``(2) Staffing and operation.--No funding''; and
(ii) in the third sentence, by striking
``None of the funding'' and inserting the
following:
``(3) Administrative purposes.--None of the funding''.
(E) Substance abuse counselor education
demonstration project.--Section 711 of the Indian
Health Care Improvement Act (25 U.S.C. 1665j) is
amended by striking subsection (h) and inserting the
following:
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2002 through 2006, to remain available until
expended.''.
(2) Additional authorization of appropriations.--Title VII
of the Indian Health Care Improvement Act is amended by
striking section 714 (25 U.S.C. 1665m) and inserting the
following:
``SEC. 714. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
(other than sections 703(d), 706(d), 708(f), 710(b), and 711(h)) such
sums as are necessary for each of fiscal years 2002 through 2006.''.
(h) Miscellaneous.--
(1) Home- and community-based care demonstration project.--
Section 821 of the Indian Health Care Improvement Act (25
U.S.C. 1680k) is amended by striking subsection (i) and
inserting the following:
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2002 through 2006, to remain available until
expended.''.
(2) Authorization of appropriations.--Title VIII of the
Indian Health Care Improvement Act is amended by striking
section 825 (25 U.S.C. 1680o) and inserting the following:
``SEC. 825. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
(other than section 821) such sums as are necessary for each of fiscal
years 2002 through 2006.''.
SEC. 104. INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT
ACT OF 1986.
(a) Tribal Action Plans.--
(1) In general.--Section 4206(d) of the Indian Alcohol and
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
2412(d)) is amended--
(A) by striking ``(1) The Secretary'' and inserting
the following:
``(1) In general.--The Secretary''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as are necessary for each of fiscal years 2002 through
2006.''.
(2) Additional authorization.--Section 4206(f) of the
Indian Alcohol and Substance Abuse Prevention and Treatment Act
of 1986 (25 U.S.C. 2412(f)) is amended--
(A) by striking ``(f)(1) The Secretary'' and
inserting the following:
``(f) Grants for In-School Training Programs.--
``(1) In general.--The Secretary'';
(B) in paragraph (2)--
(i) by striking ``(2) Funds'' and inserting
the following:
``(2) Use of funds.--Funds''; and
(ii) by indenting subparagraphs (A) through
(E) appropriately; and
(C) by striking paragraph (3) and inserting the
following:
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as are necessary for each of fiscal years 2002 through
2006.''.
(b) Newsletter.--Section 4210 of the Indian Alcohol and Substance
Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2416) is amended
by striking subsection (b) and inserting the following:
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2002 through 2006.''.
(c) Indian Education Programs.--Section 4212(a) of the Indian
Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25
U.S.C. 2432(a)) is amended--
(1) in the first sentence, by striking ``The Assistant
Secretary of Indian Affairs'' and inserting the following:
``(1) In general.--The Assistant Secretary of Indian
Affairs'';
(2) in the second sentence, by striking ``The Assistant
Secretary shall'' and inserting the following:
``(2) Defrayment of costs.--The Assistant Secretary
shall''; and
(3) by striking the third sentence and inserting the
following:
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as are necessary for each of fiscal years 2002 through
2006.''.
(d) Emergency Shelters.--Section 4213(e) of the Indian Alcohol and
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
2433(e)) is amended--
(1) by striking paragraphs (1) through (3) and inserting
the following:
``(1) In general.--There are authorized to be appropriated
to carry out planning and design, construction, and renovation
of, or to purchase or lease land or facilities for, emergency
shelters and halfway houses to provide emergency care for
Indian youth, such sums as are necessary for each of fiscal
years 2002 through 2006.
``(2) Staffing and operation.--There is authorized to be
appropriated for staffing and operation of emergency shelters
and halfway houses described in paragraph (1) $7,000,000 for
each of fiscal years 2002 through 2006.
``(3) Allocation.--
``(A) In general.--The Secretary of the Interior
shall allocate funds made available under this
subsection to Indian tribes on the basis of priority of
need of the Indian tribes.
``(B) Contracting and grants.--Funds allocated
under subparagraph (A) shall be subject to contracting
or available for grants under the Indian Self-
Determination Act (25 U.S.C. 450f et seq.).'';
(2) in paragraph (4), by striking ``(4) Funds'' and
inserting the following:
``(4) Conditions for use.--Funds''; and
(3) in paragraph (5)--
(A) by striking ``(5) Nothing in this Act may be
construed'' and inserting the following:
``(5) Effect on other authority.--Nothing in this Act'';
(B) in subparagraph (A)--
(i) by striking ``to limit'' and inserting
``limits''; and
(ii) by striking ``houses, or'' and
inserting ``houses; or''; and
(C) in subparagraph (B), by striking ``to require''
and inserting ``requires''.
(e) Illegal Narcotics Traffic on the Tohono O'Odham and St. Regis
Reservations; Source Eradication.--Section 4216 of the Indian Alcohol
and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
2442) is amended--
(1) in subsection (a), by striking paragraph (3) and
inserting the following:
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as are necessary for each of fiscal years 2002 through
2006.''; and
(2) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as are necessary for each of fiscal years 2002 through
2006.''.
(f) Bureau of Indian Affairs Law Enforcement and Judicial
Training.--Section 4218 of the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986 (25 U.S.C. 2451) is amended by
striking subsection (b) and inserting the following:
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2002 through 2006.''.
(g) Juvenile Detention Centers.--Section 4220 of the Indian Alcohol
and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
2453) is amended by striking subsection (b) and inserting the
following:
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2002 through 2006.''.
SEC. 105. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT.
(a) Indian Child Abuse Treatment Grant Program.--Section 409 of the
Indian Child Protection and Family Violence Prevention Act (25 U.S.C.
3208) is amended by striking subsection (e) and inserting the
following:
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2002 through 2006.''.
(b) Indian Child Resource and Family Services Centers.--Section 410
of the Indian Child Protection and Family Violence Prevention Act (25
U.S.C. 3209) is amended by striking subsection (h) and inserting the
following:
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2002 through 2006.''.
(c) Indian Child Protection and Family Violence Prevention
Program.--Section 411 of the Indian Child Protection and Family
Violence Prevention Act (25 U.S.C. 3210) is amended by striking
subsection (i) and inserting the following:
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2002 through 2006.''.
SEC. 106. NATIVE AMERICAN PROGRAMS ACT OF 1974.
(a) In General.--Section 816 of the Native American Programs Act of
1974 (42 U.S.C. 2992d) is amended--
(1) by striking subsections (a) through (c) and inserting
the following:
``(a) In General.--There are authorized to be appropriated--
``(1) to carry out section 803(d), $8,000,000 for each of
fiscal years 2002 through 2006; and
``(2) to carry out provisions of this title other than
section 803(d) and any other provision having an express
authorization of appropriations, such sums as are necessary for
each of fiscal years 2002 through 2006.
``(b) Limitation.--Not less than 90 percent of the funds made
available to carry out this title for a fiscal year (other than funds
made available to carry out section 803(d), 803A, 803C, 804, and any
other provision of this title having an express authorization of
appropriations) shall be expended to carry out section 803(a).'';
(2) by redesignating subsection (d) as subsection (c); and
(3) by striking subsection (e).
(b) Express Authorization.--Section 803A(f) of the Native American
Programs Act of 1974 (42 U.S.C. 2991b-1(f)) is amended--
(1) by striking ``(f)(1)'' and all that follows through the
end of paragraph (1) and inserting the following:
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $1,000,000 for each of fiscal years
2002 through 2006, to remain available until expended.''; and
(2) in paragraph (2), by striking ``(2) The revolving loan
fund'' and inserting the following:
``(2) Revolving loan fund.--The revolving loan fund''.
SEC. 107. NATIVE HAWAIIAN HEALTH CARE IMPROVEMENT ACT.
(a) Native Hawaiian Health Care Systems.--Section 6 of the Native
Hawaiian Health Care Improvement Act (42 U.S.C. 11705) is amended by
striking subsection (h) and inserting the following:
``(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2002 through 2006.''.
(b) Native Hawaiian Health Scholarships.--Section 10 of the Native
Hawaiian Health Care Improvement Act (42 U.S.C. 11709) is amended by
striking subsection (c) and inserting the following:
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2002 through 2006.''.
SEC. 108. FOUR CORNERS INTERPRETIVE CENTER ACT.
Section 7 of the Four Corners Interpretive Center Act (Public Law
106-143; 113 Stat. 1706) is amended--
(1) in subsection (a)(2), by striking ``2005'' and
inserting ``2007'';
(2) in subsection (b), by striking ``2002'' and inserting
``2004''; and
(3) in subsection (c), by striking ``2001'' and inserting
``2003''.
TITLE II--PROVISIONS RELATING TO PARTICULAR INDIAN TRIBES
SEC. 201. AUTHORIZATION OF 99-YEAR LEASES FOR CONFEDERATED TRIBES OF
THE UMATILLA INDIAN RESERVATION.
(a) In General.--Subsection (a) of the first section of the Act of
August 9, 1955 (25 U.S.C. 415(a)) is amended in the second sentence--
(1) by inserting ``the reservation of the Confederated
Tribes of the Umatilla Indian Reservation,'' before ``the Burns
Paiute Reservation,'';
(2) by inserting ``the'' before ``Yavapai-Prescott''; and
(3) by striking ``Washington,,'' and inserting
``Washington,''.
(b) Effective Date.--The amendments made by subsection (a) apply to
any lease entered into on, or renewed after, the date of enactment of
this Act.
SEC. 202. COW CREEK LAND SELECTION.
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. 203. NAVAJO-HOPI RELOCATION IMPACT STUDY.
Public Law 93-531 (commonly known as the ``Navajo-Hopi Land
Settlement Act of 1974'') (25 U.S.C. 640d et seq.) is amended--
(1) by redesignating the second section 32 (25 U.S.C. 640d-
31) as section 33; and
(2) by adding at the end the following:
``SEC. 34. NAVAJO-HOPI RELOCATION IMPACT STUDY.
``(a) In General.--Not later than 90 days after the date of
enactment of this section, the Secretary shall enter into a contract
with an independent contractor under which the independent contractor
shall complete, not later than 1 year after the date of enactment of
this section, a study to determine whether--
``(1) the purposes of this Act have been achieved; and
``(2) recommended activities should be carried out to
mitigate the consequences of the implementation of this Act.
``(b) Scope.--The study conducted under subsection (a) shall
include an analysis of--
``(1) the long-term effects of the relocation programs
under this Act;
``(2) the ongoing needs of the populations relocated under
this Act;
``(3) the ongoing needs of the other communities affected
by relocations under this Act, including communities affected
by section 10(f);
``(4) the effects of termination of the relocation programs
under this Act, including the effects of--
``(A) closure of the Office of Navajo and Hopi
Indian Relocation; and
``(B) transfer of responsibilities of that Office
to other Federal agencies and the Navajo Nation in
accordance with applicable provisions of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.); and
``(5) other appropriate factors, as determined by the
Secretary.
``(c) Report.--Not later than 1 year after the date of enactment of
this section, the Secretary shall submit to Congress, the Hopi Tribe,
and the Navajo Nation a report that describes the results of the study
conducted under subsection (a).
``(d) Funding.--Of amounts made available to the Office of Navajo
and Hopi Indian Relocation, not more than $1,000,000 shall be made
available to the Secretary to carry out this section.''.
SEC. 204. 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. 205. MODIFICATION OF PUEBLO DE COCHITI SETTLEMENT.
Section 1 of Public Law 102-358 (106 Stat. 960) is amended--
(1) by striking ``implement the settlement'' and inserting
the following: ``implement--
``(1) the settlement;'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(2) the modifications regarding the use of the settlement
funds as described in the agreement known as the `First
Amendment to Operation and Maintenance Agreement for
Implementation of Cochiti Wetlands Solution', executed--
``(A) on October 22, 2001, by the Army Corps of
Engineers;
``(B) on October 25, 2001, by the Pueblo de Cochiti
of New Mexico; and
``(C) on November 8, 2001, by the Secretary of the
Interior.''.
SEC. 206. CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION SETTLEMENT
MODIFICATION.
(a) In General.--Section 101(b)(3) 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; 113 Stat.
1782) is amended by striking ``3 years'' and inserting ``5 years''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to any decree described in section 101(b)(1) 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; 113 Stat. 1782) entered into on or after December 9, 1999.
SEC. 207. DISPOSAL OF OIL SHALE RESERVE NUMBERED 2.
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) no grant, lease, exploration or development
agreement, or other conveyance of the land (or any interest in
the land) that is authorized by the governing body of the Tribe
shall be subject to approval by the Secretary of the Interior
or any other Federal official.''.
SEC. 208. 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 transferred or otherwise made
available for condemnation until the date on which--
(1) the Secretary of the Interior renders a final decision
on the fee-to-trust application pending on the date of
enactment of this Act concerning the land; and
(2) final decisions have been rendered regarding all
appeals relating to the application decision.
(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.
SEC. 209. QUINAULT INDIAN NATION WATER FEASIBILITY STUDY.
(a) In General.--The Secretary of the Interior may carry out a
water source, quantity, and quality feasibility study for 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
of the Interior 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. 210. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO THE PUEBLO
OF SANTO DOMINGO.
Notwithstanding any other provision of law--
(1) the balances of all expert assistance loans made to the
Pueblo of Santo Domingo under Public Law 88-168 (77 Stat. 301),
and relating to Pueblo of Santo Domingo v. United States
(Docket No. 355 of the United States Court of Federal Claims),
including all principal and interest, are canceled; and
(2) the Secretary of the Interior shall take such action as
is necessary to--
(A) document the cancellation under paragraph (1);
and
(B) release the Pueblo of Santo Domingo from any
liability associated with any loan described in
paragraph (1).
SEC. 211. TRINITY RIVER RECORD OF DECISION.
(a) In General.--Notwithstanding any other provision of law, the
record of decision by the United States Fish and Wildlife Service
entitled ``Trinity River Mainstem Fishery Restoration'', issued by the
Secretary of the Interior with the concurrence of the Hoopa Valley
Tribe on December 19, 2000 (referred to in this section as the ``record
of decision''), shall be considered to comply with all provisions of
law under which, and subject to which, the record of decision was
issued.
(b) Implementation.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior, and any other
person with respect to which the record of decision describes any
right, authority, or obligation, shall implement and otherwise comply
with the record of decision.
(c) Modification.--The Secretary may modify the record of decision
only with the concurrence of--
(1) the Hoopa Valley Tribe; and
(2) the Yurok Tribe.
TITLE III--NATIVE AMERICAN PROGRAMS
SEC. 301. TRADEMARKS FOR INDIAN ARTS AND CRAFTS.
Section 2(g) of the Act of August 27, 1935 (25 U.S.C. 305a(g)), is
amended--
(1) in paragraph (1), by inserting ``trademarks for'' after
``products and'';
(2) in paragraph (3), by striking ``and assign it and the
goodwill associated with it to an individual Indian or Indian
tribe without charge; and'' and inserting a semicolon;
(3) in paragraph (4), by striking ``to pursue or defend in
the courts any appeal or proceeding with respect to any final
determination of that office'' and inserting ``to file with the
United States Patent and Trademark Office, and prosecute, an
application for any trademark or other mark described in
paragraph (1) that is owned by an individual Indian, Indian
tribe, or Indian arts and crafts organization, for registration
without charge in the United States Patent and Trademark
Office''; and
(4) by inserting after the semicolon at the end the
following: ``(5)(A) to assign any trademark described in
paragraph (2) that is owned by the Federal Government, and the
goodwill associated with the trademark, to an individual
Indian, Indian tribe, or Indian arts and crafts organization;
and (B) to record any such assignment in the United States
Patent and Trademark Office, without charge; and (6) to pursue
or defend in the appropriate courts of the United States any
appeal or proceeding with respect to any final determination of
the United States Patent and Trademark Office;''.
SEC. 302. TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL AND TECHNICAL
INSTITUTIONS.
Section 311(a) of the Carl D. Perkins Vocational and Technical
Education Act of 1998 (20 U.S.C. 2391(a)) is amended--
(1) by striking ``Funds made available'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2),
funds made available''; and
(2) by adding at the end the following:
``(2) Exemption for tribally controlled postsecondary
vocational and technical institutions.--Paragraph (1) shall not
apply to funds made available under section 117.''.
SEC. 303. SELF-DETERMINATION PROVISIONS.
(a) Application of Laws to Administrative Appeals.--Section 110 of
the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450m-1) is amended by striking subsection (c) and inserting the
following:
``(c) Application of Laws to Administrative Appeals.--
``(1) In general.--The Equal Access to Justice Act (5
U.S.C. 504 note; Public Law 96-481), section 504 of title 5,
United States Code, and section 2412 of title 28, United States
Code, shall apply to an administrative appeal by a tribal
organization that--
``(A) is pending on or filed after October 5, 1988;
and
``(B) relates to a contract, a grant agreement, or
any other agreement or compact authorized under--
``(i) this Act; or
``(ii) the Tribally Controlled Schools Act
of 1988 (25 U.S.C. 2501 et seq.).
``(2) Fee.--
``(A) In general.--In the case of any claim for a
fee described in subparagraph (B), the fee shall be
$125 per hour, unless an appropriate Federal agency
determines by regulation that an increase in the cost
of living or a special factor, such as the limited
availability of qualified attorneys or agents for the
proceedings involved, justifies a higher fee.
``(B) Description of claim.--A claim described in
this subparagraph is--
``(i) a claim by a person for a fee for
services relating to an appeal described in
paragraph (1) that are performed on or after
March 29, 1996; or
``(ii) a claim by a person for a fee for
services that--
``(I) is asserted on or after March
29, 1996; but
``(II) is for a fee for services
relating to an appeal described in
paragraph (1) performed before that
date.''.
(b) Incorporation of Self-Determination Provisions.--Section 403 of
the Indian Self-Determination and Education Assistance Act (25 U.S.C.
458cc) is amended by striking subsection (l) and inserting the
following:
``(l) Incorporation of Self-Determination Provisions.--
``(1) In general.--At the option of any participating
Indian tribe, any or all of the provisions of title I or V
shall be incorporated in a compact or funding agreement entered
into under this title.
``(2) Force and effect.--A provision incorporated under
paragraph (1) shall--
``(A) have the same force and effect as if included
in this title; and
``(B) be deemed to--
``(i) supplement or supplant any related
provision in this title, as appropriate; and
``(ii) apply to any agency subject to this
title.
``(3) Timing.--In any case in which an Indian tribe
requests incorporation of a provision under paragraph (1)
during the negotiation stage of a compact or funding agreement
described in that paragraph, the incorporation shall--
``(A) be considered to be effective immediately;
and
``(B) control the negotiation and any resulting
compact or funding agreement.''.
SEC. 304. INDIAN LAND CONSOLIDATION.
(a) Technical Correction.--Section 206(c)(2)(B) of the Indian Land
Consolidation Act (25 U.S.C. 2205(c)(2)(B)) is amended by striking
``207(a)(6)(B) of this Act'' and inserting ``207(a)(6)''.
(b) Effective Date.--Section 207(g) of the Indian Land
Consolidation Act (25 U.S.C. 2206(g)) is amended by striking paragraph
(5) and inserting the following:
``(5) Effective date.--
``(A) In general.--Except as provided in
subparagraph (B), this section shall not apply to the
estate of an individual who dies before the date that
is 1 year after the date on which the Secretary makes
the certification required under paragraph (4).
``(B) Approval.--Subsection (e) takes effect on
November 7, 2000.''.
(c) Trust and Restricted Land Transactions.--Section 217(c) of the
Indian Land Consolidation Act (25 U.S.C. 2216(c)) is amended--
(1) by striking the subsection heading and all that follows
through the end of the first sentence and inserting the
following:
``(c) Acquisition of Interest by Secretary.--
``(1) Request.--
``(A) In general.--An Indian, or the recognized
tribal government of a reservation, that is in
possession of any portion of the fee interest in a
parcel of land described in subparagraph (B) may
request that the interest be taken into trust by the
Secretary.
``(B) Land.--A parcel of land described in this
subparagraph is any parcel of land--
``(i) that is located within a reservation;
and
``(ii) at least a portion of the ownership
interest in which is held by the Secretary, in
trust or restricted status, on November 7,
2000.''; and
(2) in the second sentence, by striking ``Upon'' and
inserting the following:
``(2) Interest.--Upon''.
Calendar No. 556
107th CONGRESS
2d Session
S. 2711
[Report No. 107-247]
_______________________________________________________________________
A BILL
To reauthorize and improve programs relating to Native Americans.
_______________________________________________________________________
August 28, 2002
Reported with an amendment