Summary: S.523 — 108th Congress (2003-2004)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Public Law No: 108-204 (03/02/2004)

(This measure has not been amended since it was passed by the Senate on July 30, 2003. The summary of that version is repeated here.)

Native American Technical Corrections Act of 2004 - Title I: Technical Amendments and Other Provisions Relating To Native Americans - Subtitle A: Technical Amendments - (Sec. 101) Amends the Bosque Redondo Memorial Act to reauthorize appropriations for: (1) the Bosque Redondo Memorial Act through FY 2006; and (2) the Navajo-Hopi Land Settlement Act of 1974 (relocation housing) for FY 2003 through 2008.

(Sec. 103) Amends the Indian Reorganization Act to declare that each Indian tribe shall retain inherent sovereign power to adopt governing documents under procedures not specified in such Act.

(Sec. 104) Amends the Cow Creek Band of Umpqua Tribe of Indians Recognition Act concerning certain Oregon land conveyed by the Cow Creek Band of Umpqua Tribe to the Secretary of the Interior to hold in trust for them. Declares that real property taken into trust shall be treated as on-reservation land for the purpose of processing acquisitions of real property into trust.

(Sec. 105) Amends Federal law (the Pueblo de Cochiti Settlement) to direct the Secretary of the Interior and the Secretary of the Army to implement certain modifications regarding the use of settlement funds as described in the First Amendment to Operation and Maintenance Agreement for Implementation of Cochiti Wetlands Solution.

(Sec. 106) Amends the Four Corners Interpretive Center Act to reauthorize specified appropriations for three additional years through FY 2008.

(Sec. 107) Amends Federal law: (1) with respect to certain corrections to legal descriptions or recording information for specified lands declared to be held by the United States in trust for the benefit of the Mississippi Band of Choctaw Indians; and (2) to require the Secretary of the Army to make improvements to the Celilo Village, Oregon.

Subtitle B: Other Provisions Relating to Native Americans - (Sec. 121) Declares that the land held by the Barona Band of Mission Indians of California shall be considered to be a portion of the reservation of the Band held in trust by the United States, subject to any easements or similar restrictions which may be granted to the city of San Diego, California, for a pipeline for conveying water from the San Vicente Reservoir to the Barona Indian Reservation, or for conservation, wildlife or habitat protection, or related purposes.

Declares that such land shall neither be considered to have been taken into trust for gaming, nor be used for gaming.

(Sec. 122) Requires the Secretary of Agriculture, on the request of the Chugach Alaska or Sealaska Corporation, to convey all artifacts, physical remains, and copies of specified field records to those corporations that have received title to a cemetery site or historical place conveyed under the Alaska Native Claims Settlement Act.

(Sec. 123) Defines the term "bidding or royalty credit" as a transferable legal instrument or other written documentation, or an entry in an account managed by the Secretary of the Interior, that may be used in lieu of any other monetary payment for a bonus bid for a lease sale on the Outer Continental Shelf, or a royalty due on oil or gas production, for any lease located on the Outer Continental Shelf outside a certain zone defined and governed by the Outer Continental Shelf Lands Act.

(Sec. 124) Authorizes the Secretary of the Interior to carry out a water source, quantity, and quality feasibility study to identify ways to meet the current and future domestic and commercial water supply and distribution needs of the Quinault Indian Nation, Olympic Peninsula, Washington.

(Sec. 125) Directs the Secretary of the Interior, through the Bureau of Reclamation, to study and report to Congress on the feasibility of developing a water treatment and distribution system for the Santee Sioux Tribe of Nebraska.

Authorizes appropriations.

(Sec.126) Authorizes the Shakopee Mdewakanton Sioux Community of Minnesota to lease, sell, convey, warrant, or otherwise transfer any interest of the Community that is not held in trust by the United States.

(Sec. 127) Declares that title to land to be acquired by the United States in accordance with specified Federal law for the Agua Caliente Band of Cahuilla Indians shall be taken in the name of the United States.

Declares a restrictive covenant to be unenforceable against the United States if the land to which it is attached was held in trust by the United States for, or owned by, the Band before the date on which the restrictive covenant attached to the land.

(Sec. 128) Amends the Equity in Educational Land Grant Status Act of 1994 to consider the Saginaw Chippewa Tribal College a land-grant college established for the benefit of agriculture and the mechanic arts in accordance with the First Morrill Act.

(Sec. 129) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 with respect to conditions on the conveyance to the Ute Tribe of Oil Shale Reserve Numbered 2 on the Uintah and Ouray Reservation Land. Repeals the prohibition against reversion of the land to the United States for management in trust status. Declares that: (1) such land shall not be subject to any Federal restriction on alienation; and (2) no purchase, grant, lease, exploration or development agreement, or other conveyance of the land (or any interest in the land), or other agreement relating to 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.

Title II: Pueblo of Santa Clara and Pueblo of San Ildefonso - (Sec. 202) Declares the right, title, and interest of the United States in certain tracts of land in Rio Arriba County and in Rio Arriba and Santa Fe Counties, New Mexico, to be held in trust for the Pueblo of Santa Clara and the Pueblo of San Ildefonso (including mineral rights).

(Sec. 204) Directs the Office of Cadastral Survey of the Bureau of Land Management to conduct a survey of the boundary lines between the properties.

(Sec. 205) Declares the lands held in trust to be part of the Santa Clara Indian Reservation and the San Ildefonso Indian Reservation.

Requires trust lands to be used only for traditional or customary uses or stewardship conservation. Prohibits trust lands from being used for any new commercial developments.

(Sec. 207) Prohibits use of land taken into trust under this Act for gaming.

Title III: Distribution of Quinault Permanent Fisheries Funds - (Sec. 301) Specifies the distribution and use of funds appropriated on September 19, 1989, in satisfaction of an award granted to the Quinault Indian Nation under Dockets 772-71, 773-71, 774-71, and 775-71 before the United States Claims Court. Requires distribution and deposit of such funds into three accounts (for Principal Amount, for Investment Income, and for Income on Judgment Funds), to be established by the Tribe, maintained separately, and audited annually. Requires use of the Account for Principal Amount to establish a Permanent Fisheries Fund.

(Sec. 302) Exempts the United States from any trust responsibility or liability for funds upon their disbursement to the Tribe.