H.R.3703 - To authorize the Rumsey Indian Rancheria to convey a certain parcel of land.101st Congress (1989-1990)
|Sponsor:||Rep. Fazio, Vic [D-CA-4] (Introduced 11/17/1989)|
|Committees:||House - Interior and Insular Affairs | Senate - Indian Affairs (Permanent Select)|
|Committee Reports:||H.Rept 101-687|
|Latest Action:||11/28/1990 Became Public Law No: 101-630. (All Actions)|
This bill has the status Became Law
Here are the steps for Status of Legislation:
- Passed House
- Passed Senate
- Resolving Differences
- To President
- Became Law
Summary: H.R.3703 — 101st Congress (1989-1990)All Information (Except Text)
Passed Senate amended (10/25/1990)
Title I: Rumsey Indian Rancheria - Authorizes the Rumsey Indian Rancheria in California to convey certain land in Sparks, Nevada, to any bona fide purchaser for value. Declares that proceeds from the conveyance of such land may be used only for the economic development and social welfare of the Rumsey Indian Rancheria.
Title II: Mille Lacs Indian Reservation Lease - Authorizes the lease of land on the Mille Lacs Indian Reservation by an entity established by the Mille Lacs Band of Chippewa Indians to the Minnesota Historical Society for not to exceed 99 years.
Title III: Indian Forest and Woodlands - National Indian Forest Resources Management Act - Sets forth congressional findings, purposes, and definitions. Directs the Secretary of the Interior to undertake forest management activities on Indian forest land to achieve the following objectives: (1) the development and enhancement of Indian forest land in a perpetually productive state by applying sound silvicultural and economic principles; (2) the regulation of such lands through the implementation of plans supported by tribal objective and forest marketing programs; (3) the regulation of such lands to ensure continuous productivity and a perpetual forest business; (4) the development of such lands and associated value-added industries by Indians to promote self-sustaining communities; (5) the retention of such land in its natural state when an Indian tribe determines that the recreational, cultural, aesthetic, or traditional values of the land represent the best use of the land; (6) the protection of forest resources by regulating water run-off and soil erosion; and (7) the improvement of timber productivity, grazing, wildlife, fisheries, and specified traditional values.
Requires the Secretary to withhold a deduction from the gross proceeds of sales of forest products harvested from Indian forest land to cover the costs of managing such land. Limits such deductions to ten percent or the percentage of the gross sale proceeds currently collected as forest management deductions, whichever is less, unless the Indian tribe consents to an increase in deductions. Prohibits such deductions from being used to: (1) cover the costs that are paid from funds appropriated for fire suppression or pest control; or (2) offset Federal appropriations for meeting the Federal trust responsibility for management of Indian forest lands.
Directs the Secretary to: (1) establish civil penalties for the commission of forest trespass; (2) designate responsibility in the Department of the Interior for the detection and investigation of forest trespass; and (3) set forth procedures for the collection of penalties. Grants Indian tribes concurrent civil jurisdiction to enforce penalty provisions. Directs the Federal Government, at the request of a tribe, to defer to tribal prosecution of forest trespass cases.
Requires the Secretary to promulgate regulations to provide for the payment of receipts from sales of Indian forest products. Directs the Secretary, at the request of an Indian tribe, to require purchasers of forest products to make payments into bank depository accounts designated by the Indian tribe.
Requires the Secretary to comply with tribal laws pertaining to Indian forest lands.
Authorizes the Secretary, at the request of an Indian tribe, to establish a special Indian forest land assistance account to fund Indian forest land management activities.
Requires the Secretary to establish a program to provide financial support to forestry programs established by an Indian tribe. Sets forth an allocation formula for such assistance.
Directs the Secretary to enter into a contract with a non-Federal entity knowledgeable in forest management practices on Federal and private lands to conduct an assessment of Indian forest lands and land management practices. Requires such assessments to be conducted on each ten-year anniversary of the date of enactment of this Act.
Authorizes the Secretary of Agriculture, through the Forest Service, to provide technical assistance in the conduct of research and evaluation activities necessary for assessments or reports.
Directs the Secretary of the Interior to establish a program of technical assistance to Alaska Native corporations to promote sustained yield management of forest resources.
Establishes a forester intern program to provide financial assistance to Indian and Alaska Native students who are acquiring necessary academic qualifications in forestry or a forestry-related field and who are appointed to forester intern positions. Directs the Secretary to establish and maintain at least 20 forester intern positions for such students in the Bureau of Indian Affairs (BIA). Requires forester interns to enter into an agreement obligating them to serve two years as a forestry-related professional with BIA, an Indian tribe, or a tribal forestry-related enterprise for each year of education for which they received financial assistance.
Directs the Secretary to maintain, through BIA, a cooperative education program to recruit Indian and Alaska Native students who are enrolled in secondary schools, tribally-controlled community colleges, or post-secondary schools for employment as forestry-related professionals in BIA, an Indian tribe, or a tribal forestry-related enterprise. Requires the Secretary to provide financial assistance to students who: (1) are enrolled in a course of study at an educational institution with which the Secretary has entered into a cooperative agreement; and (2) are interested in a career with such entities in Indian forest land management. Directs such students to enter into an agreement obligating them to serve as forestry-related professionals with such entities for each year of education for which they received financial assistance.
Authorizes the Secretary to grant forestry scholarships to Indians and Alaska Native students who are enrolled full-time in accredited programs for post-secondary and graduate forestry-related studies. Requires scholarship recipients to enter into an obligated service agreement under which they agree to accept a year's employment for each year they received a scholarship with: (1) BIA; (2) a forestry program conducted under a contract, grant, or cooperative agreement pursuant to the Indian Self-Determination Act; (3) an Indian enterprise engaged in a forestry-related business; or (4) an Indian tribe's forestry-related program.
Directs the Secretary, through BIA, to conduct a forestry education outreach program for Indian and Alaska Native youth.
Requires the Secretary to administer the programs under this title until a sufficient number of Indians and Alaska Natives are trained to ensure that there is an adequate number of qualified, professional Indian foresters to manage BIA forestry programs and forestry programs maintained by or for Indian tribes.
Directs the Secretary to establish a program to attract Indian and Alaska Native professional foresters and forester technicians for employment in BIA or tribal forestry programs. Provides for the employment of such individuals in exchange for the Secretary's assumption of their outstanding student loans.
Requires the Secretary to maintain programs for: (1) cooperative internships of Federal, Indian, and Alaska Native forestry personnel; and (2) the continuing education and training of BIA, Alaska Native, and Indian forestry personnel.
Authorizes the Secretary to enter into cooperative agreements with Indian tribes to: (1) engage in cooperative manpower and job training and development programs; (2) publish cooperative environmental education and natural resource planning materials; and (3) perform land and facility improvements and activities related to land and natural resource management.
Provides for the repayment of financial assistance to the Secretary if an individual fails to accept a reasonable offer of employment in fulfillment of obligated service or terminates or fails to perform the duties of such service.
Title IV: Indian Child Protection - Indian Child Protection and Family Violence Prevention Act - Amends the Federal criminal code to impose a fine or jail sentence or both on: (1) any health care practitioner, teacher, bus driver, day care worker, counselor, or law enforcement officer who knows of or suspects child abuse in Indian country and fails to report it immediately to the local child protective services or law enforcement agency; or (2) any person who supervises, or has authority over, such an individual and inhibits or prevents that report. Makes anyone reporting such abuse immune from civil and criminal liability provided such report is based upon their reasonable belief and is made in good faith.
Requires the local law enforcement or child protective services agency which initially receives a report of child abuse: (1) to immediately notify and report to the other agency; (2) to report to the Federal Bureau of Investigation if such report involves an Indian child or the alleged abuser is an Indian and a preliminary inquiry indicates a criminal violation; (3) within 36 hours, to prepare a report on the allegations of abuse or neglect; (4) to investigate such allegations immediately and take appropriate steps to secure the safety and well-being of the child or children involved; and (5) to prepare a final written report on such allegations after completing the investigation.
Prohibits disclosure of the identity of any person reporting child abuse or neglect, without that individual's consent, to any person other than a court of competent jurisdiction or an employee of an Indian tribe, a State, or the Federal Government, who needs to know the information in performance of his or her duties.
Directs the Secretary of the Interior to prepare a written study on the feasibility of, and need for, the establishment of a Central Register for reports or information on the abuse of children in Indian country.
Requires the Secretary to submit such study to the Congress, together with recommendations and draft implementing legislation, within 180 days after enactment of this Act.
Allows Federal, State, and Indian agencies to share information regarding incidents of child abuse.
Allows local law enforcement and child protective services agency officials to interview the child and obtain photographs and x-rays, and medical and psychological examinations of the child without parental consent if they have reason to believe the child has been subject to abuse.
Provides that such examinations and interviews of an abused child shall be conducted: (1) under such circumstances and with such safeguards designed to minimize additional trauma to the child; and (2) where time permits, with the advise or guidance of a local multidisciplinary team established by this Act.
Directs the Secretaries of the Interior and Health and Human Services (HHS) to: (1) compile a list of all authorized positions within their respective departments with duties and responsibilities that involve regular contact with, or control over, Indian children; (2) conduct an investigation of the character of each individual considered for appointment to a position that involves regular contact with, or control over, Indian children; and (3) prescribe minimum standards of character for individuals appointed to those positions which shall ensure that none of them are guilty of specified criminal offenses.
Requires each Indian tribe or tribal organization that receives funds under the Indian Self-Determination and Education Assistance Act or the Tribally Controlled Schools Act of 1988 to: (1) conduct an investigation of the character of each individual employed or being considered for employment by the Indian tribe or tribal organization in a position that involves regular contact with or control over Indian children; and (2) employ in those positions only individuals who meet minimum standards of character.
Directs the Secretary of HHS, through the Indian Health Service (IHS), to establish an Indian Child Abuse Treatment Grant Program to provide grants of up to $500,000 to any Indian tribe or inter-tribal consortium for the establishment on Indian reservations of treatment programs for Indians who have been victims of child sexual abuse. Sets forth guidelines for applications for such grants. Requires grant recipients to: (1) provide such information as the Secretary may require to evaluate their program and ensure that grant funds were expended properly and; (2) submit a final report to the Secretary at the close of the grant term.
Authorizes appropriations for FY 1992 through 1995.
Directs the Secretary to establish an advisory board for each such Center to assist it in carrying out its activities under this Act.
Directs the Secretary to establish an Indian Child Resource and Family Services Center within each area office of the BIA to: (1) provide advice, technical assistance, and consultation to Indian tribes, Indian organizations, and inter-tribal consortia; (2) provide training to Indian tribes and organizations, BIA personnel, and the IHS on identifying and investigating cases of family violence and child abuse and neglect; (3) develop training materials on the prevention, identification, investigation, and treatment of family violence and child abuse and neglect for distribution to Indian tribes and organizations; (4) develop recommendations to assist Federal and tribal personnel to respond to cases of family violence and child abuse and neglect; and (5) develop policies and procedures for each agency office of BIA and IHS service unit within the area which, to the extent feasible, comply with tribal laws pertaining to cases of family violence and child abuse and neglect, including any criminal laws, and which provide for maximum cooperation with the enforcement of such laws. Requires each Center to employ a multidisciplinary-team staff with experience and training in prevention, identification, investigation, and treatment of incidents of family violence, child use, and child neglect. Specifies law enforcement and child protective backgrounds of such staff. Subjects such Centers to the provisions of the Indian Self-Determination and Education Assistance Act. Authorizes appropriations for FY 1992 through 1995.
Directs the Secretary to establish within BIA an Indian Child Protection and Family Violence Prevention Program to provide financial assistance to such tribes, organizations, and consortia to develop programs to: (1) investigate reported cases of child abuse and neglect; and (2) treat and prevent incidents of family violence and to provide immediate shelter and related assistance for victims of family violence and their dependents. Authorizes the Secretary to enter into agreements with such entities pursuant to the Indian Self-Determination Act to establish such programs on Indian reservations. Directs the Secretary, with the participation of Indian tribes, to establish and promulgate a formula which establishes base support funding for such programs. Specifies factors to be considered in the development of such formula, including the high incidence of child sexual abuse or violent crimes against women.
Requires recipients of such financial assistance to furnish the Secretary with information to evaluate the program for which such assistance was provided and to ensure that program funds were properly expended.
Authorizes appropriations for FY 1992 through 1995.
Requires an annual report to the Congress on the administration of this title.
Title V: Indian Health Care - Indian Health Care Amendments of 1990 - Amends the Indian Health Care Improvement Act to direct the Secretary of Health and Human Services (Secretary) to develop a National Plan for Indian Mental Health Services to include: (1) an assessment of the scope of the problem of mental illness and dysfunctional and self-destructive behavior, including child abuse and family violence, among Indian people; (2) an assessment of the existing and additional resources necessary to adequately support a program for the prevention and treatment of such illness and behavior; and (3) an estimate of the funding necessary to adequately support such program.
Requires the Secretary and the Secretary of the Interior to enter into a memorandum of agreement on how to implement such Plan.
Authorizes the Secretary to make grants to Indian tribes which adopt a resolution for the establishment of a Community Mental Health Plan to identify and coordinate available resources and programs to identify, prevent, or treat mental illness or dysfunctional and self-destructive behavior. Authorizes appropriations for FY 1991 and 1992.
Requires the Secretaries to compile a list of staff positions maintained by the Bureau of Indian Affairs and the Indian Health Service and similar positions maintained by Indian tribes the qualifications of which should include training relating to mental health problems. Authorizes appropriations for FY 1991 and 1992.
Directs the Secretary to develop a plan to increase the staff of the Service devoted to mental health care.
Authorizes appropriations to the Secretary for FY 1992 for recruitment and retention of mental health care personnel through bonuses, loan repayment, and postgraduate rotations.
Directs the Secretary to establish and maintain a Mental Health Technician program for the training and employment of Indians to provide community services as mental health technicians, including the utilization of traditional mental health care practices. Authorizes appropriations for FY 1992.
Authorizes appropriations for FY 1992 for the Secretary, acting through the Service, to conduct research on the incidence and prevalence of mental disorders among Indian populations on Indian reservations and urban areas.
Requires the Secretary to assess: (1) the need for inpatient mental health care among Indian people; and (2) the availability and cost of inpatient mental health facilities which can meet such need.
Requires the Secretary to report annually to the Congress on the status of mental health programs for Indian people.
Authorizes appropriations for FY 1991 and 1992 for the Secretary to make grants to Indian tribes or inter-tribal consortia for 75 percent of the costs of planning, developing, and implementing programs to deliver mental health services to Indians.
Directs the Secretary to enter into contracts with, or make grants to, Indian tribes or tribal organizations to carry out a Health Care Delivery Demonstration Project to test innovative health care delivery systems which can effectively and efficiently provide health facilities and services to Indians. Permits such projects to include the construction and renovation of hospitals and other health facilities.
Directs the Secretary to establish criteria for considering and approving applications. Authorizes the Secretary to provide for review panels to assist in such consideration.
Directs the Secretary to provide technical and other assistance to enable interested applicants to comply with this Act.
Requires the Secretary to report to Congress on the results of those projects.
Authorizes appropriations for FY 1991 and 1992.
Amends the Indian Health Care Improvement Act to direct the Secretary of Health and Human Services, acting through the Indian Health Service, to provide to urban Indians through contracts with urban Indian health organizations: (1) health promotion and disease prevention services; (2) funding for immunization services; (3) child abuse (including sexual abuse) prevention services; and (4) mental health services. Authorizes appropriations for: (1) FY 1991 for the first two programs; and (2) FY 1991 and 1992 for the last two.
Requires the Secretary to report to the Congress on a survey assessment of facilities used by contractors. Authorizes appropriations for FY 1992 for the Secretary to fund minor renovations to facilities.
Directs the Secretary, through IHS, to report to the Congress on: (1) the health status of the urban Indians; (2) the services provided under this Act; and (3) areas of unmet need. Directs the Secretary and the Secretary of the Interior to report to the Congress on their assessment of the status of Indian child welfare in urban communities with recommendations on legislation to improve Indian child protection in such communities.
Establishes within the Office of Health Programs of IHS, as part of the Division of Clinical and Preventive Services, a Branch of Urban Health Programs.
Amends the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 to provide for a residential youth treatment facility in Fairbanks, Alaska.