Home > 106th Congressional Bills > H.R. 5528 (ih) To authorize the construction of a Wakpa Sica Reconciliation Place in Fort Pierre, South Dakota, and for other purposes. [Introduced in House] ...H.R. 5528 (ih) To authorize the construction of a Wakpa Sica Reconciliation Place in Fort Pierre, South Dakota, and for other purposes. [Introduced in House] ...
H.R.5528
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To authorize the construction of a Wakpa Sica Reconciliation Place in
Fort Pierre, South Dakota, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Omnibus Indian Advancement Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY IRRIGATION WORKS
Sec. 101. Findings.
Sec. 102. Conveyance and operation of irrigation works.
Sec. 103. Relationship to other laws.
TITLE II--NATIVE HAWAIIAN HOUSING ASSISTANCE
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Housing assistance.
Sec. 204. Loan guarantees for Native Hawaiian housing.
TITLE III--COUSHATTA TRIBE OF LOUISIANA LAND TRANSACTIONS
Sec. 301. Approval not required to validate land transactions.
TITLE IV--WAKPA SICA RECONCILIATION PLACE
Sec. 401. Findings.
Sec. 402. Definitions.
Subtitle A--Reconciliation Center
Sec. 411. Reconciliation center.
Sec. 412. Sioux Nation Tribal Supreme Court.
Sec. 413. Legal jurisdiction not affected.
Subtitle B--GAO Study
Sec. 421. GAO study.
TITLE V--EXPENDITURE OF FUNDS BY ZUNI INDIAN TRIBE
Sec. 501. Expenditure of funds by tribe authorized.
TITLE VI--TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT
Sec. 601. Short title.
Sec. 602. Congressional findings and purpose.
Sec. 603. Definitions.
Sec. 604. Ratification of settlement agreement.
Sec. 605. Settlement funds.
Sec. 606. Trust land acquisition and status.
Sec. 607. Permanent flowage easements.
Sec. 608. Satisfaction of claims, waivers, and releases.
Sec. 609. Miscellaneous provisions.
Sec. 610. Authorization of appropriations.
Sec. 611. Effective date.
TITLE VII--SHAWNEE TRIBE STATUS
Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Definitions.
Sec. 704. Federal recognition, trust relationship, and program
eligibility.
Sec. 705. Establishment of a tribal roll.
Sec. 706. Organization of the tribe; tribal constitution.
Sec. 707. Tribal land.
Sec. 708. Jurisdiction.
Sec. 709. Individual Indian land.
Sec. 710. Treaties not affected.
TITLE VIII--TECHNICAL CORRECTIONS
Sec. 801. Short title.
Subtitle A--Miscellaneous Technical Provisions
Sec. 811. Technical correction to an Act affecting the status of
Mississippi Choctaw lands and adding such lands to the Choctaw
Reservation.
Sec. 812. Technical corrections concerning the Five Civilized Tribes of
Oklahoma.
Sec. 813. Waiver of repayment of expert assistance loans to the Red Lake
Band of Chippewa Indians and the Minnesota Chippewa Tribes.
Sec. 814. Technical amendment to the Indian Child Protection and Family
Violence Protection Act.
Sec. 815. Technical amendment to extend the authorization period under
the Indian Health Care Improvement Act.
Sec. 816. Technical amendment to extend the authorization period under
the Indian Alcohol and Substance Abuse Prevention and
Treatment Act of 1986.
Sec. 817. Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation.
Sec. 818. Technical amendment regarding the treatment of certain income
for purposes of Federal assistance.
Sec. 819. Land to be taken into trust.
Subtitle B--Santa Fe Indian School
Sec. 821. Short title.
Sec. 822. Definitions.
Sec. 823. Transfer of certain lands for use as the Santa Fe Indian
School.
Sec. 824. Land use.
TITLE IX--CALIFORNIA INDIAN LAND TRANSFER
Sec. 901. Short title.
Sec. 902. Lands held in trust for various tribes of California Indians.
Sec. 903. Miscellaneous provisions.
TITLE X--NATIVE AMERICAN HOMEOWNERSHIP
Sec. 1001. Lands Title Report Commission.
Sec. 1002. Loan guarantees.
Sec. 1003. Native American housing assistance.
TITLE XI--INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES
Sec. 1101. Short title.
Sec. 1102. Findings, purposes.
Sec. 1103. Amendments to the Indian Employment, Training and Related
Services Demonstration Act of 1992.
Sec. 1104. Report on expanding the opportunities for program
integration.
TITLE XII--NAVAJO NATION TRUST LAND LEASING
Sec. 1201. Short title.
Sec. 1202. Congressional findings and declaration of purposes.
Sec. 1203. Lease of restricted lands for the Navajo Nation.
TITLE XIII--AMERICAN INDIAN EDUCATION FOUNDATION
Sec. 1301. Short title.
Sec. 1302. Establishment of American Indian Education Foundation.
TITLE XIV--GRATON RANCHERIA RESTORATION
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.
Sec. 1404. Restoration of Federal recognition, rights, and privileges.
Sec. 1405. Transfer of land to be held in trust.
Sec. 1406. Membership rolls.
Sec. 1407. Interim government.
Sec. 1408. Tribal constitution.
TITLE XV--CEMETERY SITES AND HISTORICAL PLACES
Sec. 1501. Findings; definitions.
Sec. 1502. Withdrawal of lands.
Sec. 1503. Application for conveyance of withdrawn lands.
Sec. 1504. Amendments.
Sec. 1505. Procedure for evaluating applications.
Sec. 1506. Applicability.
TITLE I--SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY IRRIGATION WORKS
SEC. 101. FINDINGS.
The Congress finds and declares that--
(1) it is the policy of the United States, in fulfillment of
its trust responsibility to Indian tribes, to promote Indian self-
determination and economic self-sufficiency;
(2) the Salt River Pima-Maricopa Indian Community (hereinafter
referred to as the ``Community'') has operated the irrigation works
within the Community's reservation since November 1997 and is
capable of fully managing the operation of these irrigation works;
(3) considering that the irrigation works, which are comprised
primarily of canals, ditches, irrigation wells, storage reservoirs,
and sump ponds located exclusively on lands held in trust for the
Community and allottees, have been operated generally the same for
over 100 years, the irrigation works will continue to be used for
the distribution and delivery of water;
(4) considering that the operational management of the
irrigation works has been carried out by the Community as indicated
in paragraph (2), the conveyance of ownership of such works to the
Community is viewed as an administrative action;
(5) the Community's laws and regulations are in compliance with
section 102(b); and
(6) in light of the foregoing and in order to--
(A) promote Indian self-determination, economic self-
sufficiency, and self-governance;
(B) enable the Community in its development of a diverse,
efficient reservation economy; and
(C) enable the Community to better serve the water needs of
the water users within the Community,
it is appropriate in this instance that the United States convey to
the Community the ownership of the irrigation works.
SEC. 102. CONVEYANCE AND OPERATION OF IRRIGATION WORKS.
(a) Conveyance.--The Secretary of the Interior, as soon as is
practicable after the date of the enactment of this Act, and in
accordance with the provisions of this title and all other applicable
law, shall convey to the Community any or all rights and interests of
the United States in and to the irrigation works on the Community's
reservation which were formerly operated by the Bureau of Indian
Affairs. Notwithstanding the provisions of sections 1 and 3 of the Act
of April 4, 1910 (25 U.S.C. 385) and sections 1, 2, and 3 of the Act of
August 7, 1946 (25 U.S.C. 385a, 385b, and 385c) and any implementing
regulations, during the period between the date of the enactment of
this Act and the conveyance of the irrigation works by the United
States to the Community, the Community shall operate the irrigation
works under the provisions set forth in this title and in accordance
with the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.), including retaining and expending operations and
maintenance collections for irrigation works purposes. Effective upon
the date of conveyance of the irrigation works, the Community shall
have the full ownership of and operating authority over the irrigation
works in accordance with the provisions of this title.
(b) Fulfillment of Federal Trust Responsibilities.--To assure
compliance with the Federal trust responsibilities of the United States
to Indian tribes, individual Indians and Indians with trust allotments,
including such trust responsibilities contained in Salt River Pima-
Maricopa Indian Community Water Rights Settlement Act of 1988 (Public
Law 100-512), the Community shall operate the irrigation works
consistent with this title and under uniform laws and regulations
adopted by the Community for the management, regulation, and control of
water resources on the reservation so as to assure fairness in the
delivery of water to water users. Such Community laws and regulations
include currently and shall continue to include provisions to maintain
the following requirements and standards which shall be published and
made available to the Secretary and the Community at large:
(1) Process.--A process by which members of the Community,
including Indian allottees, shall be provided a system of
distribution, allocation, control, pricing and regulation of water
that will provide a just and equitable distribution of water so as
to achieve the maximum beneficial use and conservation of water in
recognition of the demand on the water resource, the changing uses
of land and water and the varying annual quantity of available
Community water.
(2) Due process.--A due process system for the consideration
and determination of any request by an Indian or Indian allottee
for distribution of water for use on his or her land, including a
process for appeal and adjudication of denied or disputed
distributions and for resolution of contested administrative
decisions.
(c) Subsequent Modification of Laws and Regulations.--If the
provisions of the Community's laws and regulations implementing
subsection (b) only are to be modified subsequent to the date of the
enactment of this Act by the Community, such proposed modifications
shall be published and made available to the Secretary at least 120
days prior to their effective date and any modification that could
significantly adversely affect the rights of allottees shall only
become effective upon the concurrence of both the Community and the
Secretary.
(d) Limitations of Liability.--Effective upon the date of the
enactment of this Act, the United States shall not be liable for
damages of any kind arising out of any act, omission, or occurrence
based on the Community's ownership or operation of the irrigation
works, except for damages caused by acts of negligence committed by the
United States prior to the date of the enactment of this Act. Nothing
in this section shall be deemed to increase the liability of the United
States beyond that currently provided in the Federal Tort Claims Act
(28 U.S.C. 2671 et seq.).
(e) Cancellation of Charges.--Effective upon the date of conveyance
of the irrigation works under this section, any charges for
construction of the irrigation works on the reservation of the
Community that have been deferred pursuant to the Act of July 1, 1932
(25 U.S.C. 386a) are hereby canceled.
(f) Project No Longer a BIA Project.--Effective upon the date of
conveyance of the irrigation works under this section, the irrigation
works shall no longer be considered a Bureau of Indian Affairs
irrigation project and the facilities will not be eligible for Federal
benefits based solely on the fact that the irrigation works were
formerly a Bureau of Indian Affairs irrigation project. Nothing in this
title shall be construed to limit or reduce in any way the service,
contracts, or funds the Community may be eligible to receive under
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