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108th Congress                                            Rept. 108-374
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1
======================================================================


 
           NATIVE AMERICAN TECHNICAL CORRECTIONS ACT OF 2003

                                _______
                                

               November 17, 2003.--Ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                         [To accompany S. 523]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(S. 523) to make technical corrections to laws relating to 
Native Americans, and for other purposes, having considered the 
same, report favorably thereon without amendment and recommend 
that the bill do pass.

                          Purpose of the Bill

    The purpose of S. 523 is to make technical corrections to 
law relating to Native Americans, and for other purposes.

                  Background and Need for Legislation

    S. 523 makes technical changes to Indian laws relating to 
tribal sovereignty, culture, and economic development 
potential. These changes include the extension of several 
expiring authorizations, amending provisions and statutes 
relating to particular Indian tribes, and modifying certain 
Native American programs. The following is a short summary of 
the major sections of the bill:
     Section 101 extends the authority of the Bosque 
Redondo Memorial Act from fiscal year 2000 to fiscal year 2004 
and extends the authorization for appropriations through fiscal 
year 2006.
     Section 102 extends the authority of programs 
authorized by the Navajo-Hopi Land Settlement Act of 1974 
through fiscal year 2006.
     Section 103 clarifies that Indian tribes that 
accepted the Indian Reorganization Act are not required to 
adopt constitutions pursuant to that law and are free to 
organize their governing bodies in a manner that they 
determine.
     Section 104 amends the Cow Creek Band of Umpqua 
Tribe Indians Recognition Act to clarify that lands shall be 
treated as on-reservation land for the purpose of processing 
acquisitions of real property into trust.
     Section 105 amends the Pueblo de Cochiti 
settlement regarding the proper use of settlement funds.
     Section 106 reauthorizes the Four Corners 
Interpretive Center Act through fiscal year 2008.
     Section 107 corrects the legal descriptions for 
certain lands already placed into trust and reservation status 
for the Mississippi Band of Choctaw Indians.
     Section 108 adds Celilo Indian Village to 
legislation that authorizes the Army Corps of Engineers to 
rehabilitate existing fishing sites.
     Section 121 authorizes the Barona Band of Mission 
Indians to take land into trust for the purpose of building a 
water pipeline to assist both the federal and local fire 
service.
     Section 122 requires the Secretary of Agriculture 
to convey to the relevant Alaskan Native corporations all 
artifacts, physical remains, and copies of any available field 
records.
     Section 123 authorizes Secretary of the Interior 
to acquire land and subsurface rights within the boundaries of 
the Acoma Indian Reservation.
     Section 124 authorizes the Secretary of the 
Interior to conduct a water source, quantity and quality 
feasability study for the Quinault Indian Nation.
     Section 125 authorizes a feasibility study to 
determine the most feasible method of developing an industrial 
water plant for the Santee Sioux Tribe.
     Section 126 authorizes the Shakopee Tribe to sell, 
lease, convey, or warrant lands it holds in fee.
     Section 127 authorizes the Department of the 
Interior to take land into trust for the Agua Caliente Band of 
Cahuilla Indians and extinguishes the restrictive covenant 
attached to that parcel.
     Section 128 adds the Saginaw Chippewa Tribal 
College to the list of eligible institutions under the Equity 
in Educational Land Grant Status Act of 1994.
     Section 129 exempts mineral and development 
activity on certain lands held in trust by the Ute Indian Tribe 
to execute resource development contracts with third parties.
     Title II deals with the Pueblo of Santa Clara and 
Pueblo of San Ildefonso, to wit:
     Section 201 defines the terms ``agreement,'' 
``boundary line,'' ``Governors,'' ``Indian Tribe,'' 
``Pueblos,'' and ``Trust Land.''
     Section 202 declares rights, title, and interest 
in certain lands to be held in trust for the Pueblo of Santa 
Clara.
     Section 203 declares, rights, title, and interest 
in certain lands to be held in trust for the Pueblo of San 
Ildefonso.
     Section 204 directs the Bureau of Land Management 
to conduct a survey of boundary lines.
     Section 205 declares that the lands taken into 
trust for the two Pueblos are part of their reservations.
     Section 206 provides for protection against 
existing rights to reservation lands.
     Section 207 states that lands mentioned in Title 
II may not be used for gaming.
     Title III deals with the distribution of Quinault 
Permanent Fisheries Funds, to wit:
     Section 301 provides for the distribution of 
judgment funds awarded to the Quinault Indian Nation.
     Section 302 states that the judgment funds should 
be dispersed to the Quinault Indian Nation not later than 30 
days after enactment of S. 523.

                            Committee Action

    S. 523 was introduced on March 5, 2003, by Senator Ben 
Nighthorse Campbell. It passed the Senate on July 30, 2003. The 
bill was referred to the Committee on Resources. On October 29, 
2003, the Full Resources Committee met to consider the bill. No 
amendments were offered and the bill was ordered favorably 
reported to the House of Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. According to the Congressional Budget Office 
(CBO), enactment of this bill could result in foregone 
offsetting receipts (a credit against direct spending) from 
lands which would be taken into trust for the Pueblo of Santa 
Clara and the Pueblo of San Ildefonso. However, CBO concludes 
that ``enacting S. 523 would result in no significant direct 
spending effects.''
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to make technical corrections to law 
relating to Native Americans, and for other purposes.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 3, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC 20515
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 523, the Native 
American Technical Corrections Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lanette J. 
Walker.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

S. 523--Native American Technical Corrections Act of 2003

    Summary: S. 523 would authorize appropriations for various 
programs that affect Indians and Indian Tribes. CBO estimates 
that implementing S. 523 would cost $14 million in 2004 and $50 
million over the 2004-2008 period, assuming appropriation of 
the necessary amounts.
    Because S. 523 would direct the Secretary of the Interior 
to take 4,484 acres of federal lands and interests into trust 
on behalf of the Pueblo of Santa Clara and the Pueblo of San 
Ildefonso in New Mexico, enacting S. 523 could result in 
forgone offsetting receipts (a form of direct spending) from 
the lands that generate income from programs to develop natural 
resources. The affected lands currently generate no significant 
receipts. Based on information from the Bureau of Land 
Management (BLM), CBO estimates that enacting S. 523 would 
result in no significant direct spending effects.
    S. 523 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments. Enacting this legislation would benefit a number 
of Indian tribes.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 523 is shown in the following table. The 
cost of this legislation would fall within budget functions 300 
(natural resources and environment), 450 (community and 
regional development), and 800 (general government).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Bosque Redondo Memorial Act:
    Authorization Level............................................        1        1        1        0        0
    Estimated Outlays..............................................        1        1        1        0        0
Navajo-Hopi Land Settlement Act:
    Estimated Authorization Level..................................        7        7        7        8        8
    Estimated Outlays..............................................        4        7        7        8        8
Rehabilitation of Celilo Indian Village:
    Estimated Authorization Level..................................       11        0        0        0        0
    Estimated Outlays..............................................        7        4        0        0        0
Quinault Indian Nation Water Feasibility Study:
    Estimated Authorization Level..................................        1        0        0        0        0
    Estimated Outlays..............................................        1        0        0        0        0
Santee Sioux Tribe Study and Report:
    Estimated Authorization Level..................................        1        0        0        0        0
    Estimated Outlays..............................................        1        0        0        0        0
Total:
    Estimated Authorization Level..................................       21        8        8        8        8
    Estimated Outlays..............................................       14       12        8        8        8
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
523 will be enacted early in fiscal year 2004 and that the 
necessary amounts will be appropriated for each fiscal year.

Spending subject to appropriation

    CBO estimates that implementing S. 523 would cost about $50 
million over the 2004-2008 period to implememt the activities 
that would be authorized by the bill.
    Bosque Redondo Memorial. Section 101 would authorize the 
appropriation of $1 million in 2004 and $500,000 in years 2005 
and 2006 for the Secretary of Defense to make grants to New 
Mexico for up to 50 percent of the cost of constructing the 
Bosque Redondo Memorial within the boundaries of Fort Sumner 
State Monument. The state would be required to match the 
federal contributions to be eligible for the grants. Based on 
information from the state, CBO expects that those matching 
funds would be provided in the same year the federal share is 
appropriated. Assuming the appropriation of the specified 
amounts, CBO estimates that the federal share of the costs of 
constructing the monument would be $2 million over the 2004-
2006 period.
    Navajo-Hopi Land Settlement. Section 102 would authorize 
the appropriation of funds through 2008 for Navajo and Hopi 
Indian housing and relocation benefits for tribal members 
living in disputed areas. Assuming appropriation of the 
necessary amounts, CBO estimates that this provision would cost 
$34 million over the 2004-2008 period. This estimate assumes 
that annual appropriations over the 2004-2008 period would 
equal the $7 million appropriated for fiscal year 2003 with an 
adjustment for anticipated inflation.
    Rehabilitation of Celilo Indian Village. The act would 
authorize the U.S. Army Corps of Engineers to rehabilitate the 
Celilo Indian Village in Oregon. Based on information from the 
Corps, CBO estimates that this provision would cost $11 million 
over the 2004-2008 period.
    Quinault Indian Nation Water Feasibility Study. Section 126 
would authorize the Secretary of the Interior to conduct a 
feasibility study of current and future domestic and commercial 
water supply needs of the Quinault Indian Nation. Based on 
information from the Bureau of Reclamation, CBO estimates that 
the study would cost $1 million in fiscal year 2004, assuming 
appropriation of the necessary amount in that year.
    Santee Sioux Tribe Study and Report. S. 523 would authorize 
the Bureau of Reclamation to determine the most feasible method 
of developing a safe and adequate municipal, rural, and 
industrial water treatment and distribution system for the 
Santee Sioux Tribe of Nebraska. Based on information from the 
agency, CBO estimates that this study would cost about $500,000 
over the 2004-2008 period.
    Saginaw Chippewa Tribal College. The act would add the 
Saginaw Chippewa Tribal College to the list of Indian tribal 
colleges eligible for certain funds from the Agriculture 
Department. Under the Equity in Educational Land-Grant Status 
Act of 1994 (7 U.S.C. 301 note), $100,000 per year is 
authorized to be appropriated for each Indian tribal college to 
provide for facilities and instruction in food and agricultural 
sciences. CBO estimates that implementing this provision would 
cost $500,000 over the 2004-2008 period.

Direct spending

    Title II would direct the Secretary of the Interior to take 
4,484 acres of federal lands and interests into trust on behalf 
of the Pueblo of Santa Clara and the Pueblo of San Ildefonso in 
New Mexico. Taking lands into trust for Indian tribes could 
result in forgone offsetting receipts (a credit against direct 
spending) if, under current law, the lands would generate 
income from programs to develop natural resources. According to 
BLM, however, the affected lands currently generate no 
significant receipts and are not expected to do so over the 
next 10 years. Further, the bill specifies that valid existing 
rights would not be affected by the proposed transfer of lands; 
hence, CBO estimates that any forgone offsetting receipts under 
S. 523 would be negligible.
    Intergovernmental and private-sector impact: S. 523 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. Enacting this legislation would benefit a 
number of Indian tribes.
    Previous cost estimate: On May 21, 2003, CBO transmitted a 
cost estimate for S. 523 as ordered reported by the Senate 
Committee on Indian Affairs on April 10, 2003. The version 
approved by the House Committee on Resources does not include 
provisions that would wavie the repayment of expert assistance 
loans to the Pueblo of Santo Domingo, the Oglala Sioux Tribe, 
and the Seminole Tribe of Oklahoma. Those provisions were 
included in the Senate version of the legislation, and CBO 
estimated that such provisions would increase direct spending 
by $300,000 in 2004. Estimated spending subject to 
appropriations is the same for both House and Senate versions 
of S. 523.
    Estimate prepared by: Federal Costs: Lanette J. Walker--
Main contact; David Newman--Bosque Radondo Memorial; Megan 
Carroll--Pueblo of Santa Clara and the Pueblo of San Ildefonso; 
Julie Middleton--Rehabilitation of Celilo Indian Village, 
Quinault Indian Nation Water Feasibility Study, and Santee 
Sioux Tribe, Study and Report; Matthew Pickford--Navajo-Hopi 
Land Settlement; and David Hull--Saginaw Chippewa Tribal 
College.
    Impact on State, Local, and Tribal Governments: Marjorie 
Miller.
    Impact on the Private Sector: Cecil McPherson.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance with Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

             SECTION 206 OF THE BOSQUE REDONDO MEMORIAL ACT

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There are authorized to be appropriated to 
carry out this title--
          (1) $1,000,000 for fiscal year [2000] 2004; and
          (2) $500,000 for each of fiscal years [2001 and 2002] 
        2005 and 2006.
  (b) Carryover.--Any funds made available under this section 
that are unexpended at the end of the fiscal year for which 
those funds are appropriated, shall remain available for use by 
the Secretary through September 30, [2002] 2007, for the 
purposes for which those funds were made available.
                              ----------                              


               SECTION 25 OF THE ACT OF DECEMBER 22, 1974

(Public Law 93-531; commonly known as the ``Navajo-Hopi Land Settlement 
                             Act of 1974'')

 AN ACT To provide for final settlement of the conflicting rights and 
 interests of the Hopi and Navajo Tribes to and in lands lying within 
  the joint use area of the reservation established by the Executive 
  order of December 16, 1882, and lands lying within the reservation 
      created by the Act of June 14, 1934, and for other purposes.

  Sec. 25. (a)(1)  * * *

           *       *       *       *       *       *       *

  (8) For the purposes of carrying out the provisions of 
section 15 of this Act, there is authorized to be appropriated 
not to exceed $30,000,000 [annually for fiscal years 1995, 
1996, 1997, 1998, 1999, and 2000] for each of fiscal years 2003 
through 2008.

           *       *       *       *       *       *       *

                              ----------                              


                 SECTION 16 OF THE ACT OF JUNE 18, 1934

AN ACT To conserve and develop Indian lands and resources; to extend to 
    Indians the right to form business and other organizations; to 
establish a credit system for Indians; to grant certain rights of home 
 rule to Indians; to provide for vocational education for Indians; and 
                          for other purposes.

  Sec. 16. (a)  * * *

           *       *       *       *       *       *       *

  (h) Tribal Sovereignty.--Notwithstanding any other provision 
of this Act--
          (1) each Indian tribe shall retain inherent sovereign 
        power to adopt governing documents under procedures 
        other than those specified in this section; and
          (2) nothing in this Act invalidates any constitution 
        or other governing document adopted by an Indian tribe 
        after June 18, 1934, in accordance with the authority 
        described in paragraph (1).
                              ----------                              


    SECTION 7 OF THE THE COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 
                            RECOGNITION ACT

SEC. 7. CERTAIN PROPERTY TAKEN INTO TRUST.

  The Secretary of the Interior shall accept title to 2000 
acres of real property and may accept title to any additional 
number of acres of real property located in Umpqua River 
watershed upstream from Scottsburg, Oregon, or the northern 
slope of the Rogue River watershed upstream from Agness, 
Oregon, if such real property is conveyed or otherwise 
transferred to the United States by or on behalf of the Tribe. 
The Secretary shall take into trust for the benefit of the 
Tribe all real property conveyed or otherwise transferred to 
the United States pursuant to this section. Real property taken 
into trust pursuant to this section shall become part of the 
Tribe's reservation, and shall be treated as on-reservation 
land for the purpose of processing acquisitions of real 
property into trust. Real property taken into trust pursuant to 
this section shall not be considered to have been taken into 
trust for gaming (as that term is used in the Indian Gaming 
Regulatory Act (25 U.S.C. 2701 et seq.)).
                              ----------                              


                SECTION 1 OF THE ACT OF AUGUST 26, 1992

                          (Public Law 102-358)

  AN ACT To authorize funds for the implementation of the settlement 
 agreement reached between the Pueblo de Cochiti and the United States 
   Army Corps of Engineers under the authority of Public Law 100-202.

SECTION 1. GENERAL AUTHORIZATION.

  The Secretary of the Interior and the Secretary of the Army 
are authorized and directed to [implement the settlement] 
implement--
          (1) the settlement; agreement negotiated under the 
        authority of Public Law 100-202 by the Pueblo de 
        Cochiti of New Mexico, a federally recognized Indian 
        Tribe, and the United States Army Corps of Engineers, 
        as set forth in the report of the Corps of Engineers 
        entitled ``Report on Investigations, Wet Field 
        Solution'', dated July 24, 1990, addressing seepage 
        problems at the Cochiti Dam on tribal lands[.]; and
          (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.
                              ----------                              


         SECTION 7 OF THE FOUR CORNERS INTERPRETIVE CENTER ACT

                          (Public Law 106-143)

    AN ACT To authorize an interpretive center and related visitor 
facilities within the Four Corners Monument Tribal Park, and for other 
                               purposes.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

  (a) Authorizations.--There are authorized to be appropriated 
to the Department of the Interior to carry out this Act--
          (1)  * * *
          (2) $50,000 for each of fiscal years 2001 through 
        [2005] 2008 for maintenance and operation of the 
        Center, program development, or staffing in a manner 
        consistent with the requirements of section 5(b).
  (b) Carryover.--Funds made available under subsection (a)(1) 
that are unexpended at the end of the fiscal year for which 
those funds are appropriated, may be used by the Secretary 
through fiscal year [2002] 2005 for the purposes for which 
those funds are made available.
  (c) Reservation of Funds.--The Secretary may reserve funds 
appropriated pursuant to this Act until a grant proposal 
meeting the requirements of this Act is submitted, but no later 
than September 30, [2001] 2004.
                              ----------                              


                 SECTION 1 OF THE ACT OF JUNE 29, 2000

                          (Public Law 106-228)

AN ACT To make technical corrections to the status of certain land held 
 in trust for the Mississippi Band of Choctaw Indians, to take certain 
         land into trust for that Band, and for other purposes.

SECTION 1. STATUS OF CERTAIN INDIAN LANDS.

  (a) In General.--Notwithstanding any other provision of law--
          (1)  * * *
          (2) all land held in fee by the Mississippi Band of 
        Choctaw Indians located within the boundaries of the 
        State of Mississippi, as shown in the [report entitled 
        ``Report of Fee Lands owned by the Mississippi Band of 
        Choctaw Indians'', dated September 28, 1999, on file in 
        the Office of the Superintendent, Choctaw Agency, 
        Bureau of Indian Affairs, Department of the Interior, 
        is hereby declared] 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 to be held by the United 
        States in trust for the benefit of the Mississippi Band 
        of Choctaw Indians; and

           *       *       *       *       *       *       *

                              ----------                              


               SECTION 401 OF THE ACT OF NOVEMBER 1, 1988

                          (Public Law 100-581)

 AN ACT To establish procedures for review of tribal constitutions and 
 bylaws or amendments thereto pursuant to the Act of June 18, 1934 (48 
                              Stat. 987).

  Sec. 401. (a)  * * *

           *       *       *       *       *       *       *

  (b) Notwithstanding any other provision of law, the Secretary 
of the Army shall--
          (1)  * * *

           *       *       *       *       *       *       *

          (3) make improvements at existing sites and Celilo 
        Village, including but not limited to dredging at the 
        site at Wind River, Washington, and constructing a boat 
        ramp on or near the site at Cascade Locks, Oregon.

           *       *       *       *       *       *       *

                              ----------                              


  SECTION 532 OF THE EQUITY IN EDUCATION LAND GRANT STATUS ACT OF 1994

SEC. 532. DEFINITION.

  As used in this part, the term ``1994 Institutions'' means 
any one of the following colleges:
          (1)  * * *

           *       *       *       *       *       *       *

          (22) Saginaw Chippewa Tribal College.
          [(22)] (23) Salish Kootenai College.
          [(23)] (24) Sinte Gleska University.
          [(24)] (25) Sisseton Wahpeton Community College.
          [(25)] (26) Si Tanka/Huron University.
          [(26)] (27) Sitting Bull College.
          [(27)] (28) Southwestern Indian Polytechnic 
        Institute.
          [(28)] (29) Stone Child College.
          [(29)] (30) Turtle Mountain Community College.
          [(30)] (31) United Tribes Technical College.
          [(31)] (32) White Earth Tribal and Community College.

           *       *       *       *       *       *       *

                              ----------                              


 SECTION 3405 OF THE STROM THURMOND NATIONAL DEFENSE AUTHORIZATION ACT 
                          FOR FISCAL YEAR 1999

SEC. 3405. DISPOSAL OF OIL SHALE RESERVE NUMBERED 2.

  (a)  * * *

           *       *       *       *       *       *       *

  (c) Conditions on Conveyance.--(1)  * * *

           *       *       *       *       *       *       *

  [(3) The land conveyed to the Tribe under subsection (b) 
shall not revert to the United States for management in trust 
status.]
          (3) With respect to the land conveyed to the Tribe 
        under subsection (b)--
                  (A) the land shall not be subject to any 
                Federal restriction on alienation; and
                  (B) notwithstanding any provision to the 
                contrary in the constitution, bylaws, or 
                charter of the Tribe, the Act of May 11, 1938 
                (commonly known as the ``Indian Mineral Leasing 
                Act of 1938'') (25 U.S.C. 396a et seq.), the 
                Indian Mineral Development Act of 1982 (25 
                U.S.C. 2101 et seq.), section 2103 of the 
                Revised Statutes (25 U.S.C. 81), or section 
                2116 of the Revised Statutes (25 U.S.C. 177), 
                or any other law, no purchase, grant, lease, or 
                other conveyance of the land (or any interest 
                in the land), and no exploration, development, 
                or other agreement relating to the land that is 
                authorized by resolution by the governing body 
                of the Tribe, shall require approval by the 
                Secretary of the Interior or any other Federal 
                official.

           *       *       *       *       *       *       *