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Pub.L. 106-569 To expand homeownership in the <> United States, and for other purposes. ...
OMNIBUS INDIAN ADVANCEMENT ACT
[[Page 114 STAT. 2868]]
Public Law 106-568
To authorize the construction of a Wakpa Sica Reconciliation Place in
Fort Pierre, South Dakota, and for other purposes. <<NOTE: Dec. 27,
2000 - [H.R. 5528]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Omnibus Indian Advancement
SECTION 1. <<NOTE: 25 USC 4101 note.>> 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.
[[Page 114 STAT. 2869]]
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
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
Sec. 812. Technical corrections concerning the Five Civilized Tribes of
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
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
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.
[[Page 114 STAT. 2870]]
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
(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.
[[Page 114 STAT. 2871]]
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. <<NOTE: Publication.>> 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
(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
(c) Subsequent Modification of Laws and Regulations.--
If <<NOTE: Publication.>> 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
[[Page 114 STAT. 2872]]
only become effective upon the concurrence of both the Community and the
(d) Limitations <<NOTE: Effective date.>> 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
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