| Home > 107th Congressional Public Laws > Pub.L. 107-332 To provide for additional lands to be included within the boundaries of the Homestead National Monument of America in the State of Nebraska, and for other purposes. <> ...
Pub.L. 107-332 To provide for additional lands to be included within the boundaries of the Homestead National Monument of America in the State of Nebraska, and for other purposes. <> ...
(a) Findings.--Congress makes the following findings:
(1) In order to promote better understanding between Indian
and non-Indian citizens of the United States, and in light of
the Federal Government's continuing trust responsibilities to
Indian tribes, it is appropriate, desirable, and a proper
function of the Federal Government to provide grants for the
development of a museum designated to display the heritage and
culture of Indian tribes.
(2) In recognition of the unique status and history of
Indian tribes in the State of Oklahoma and the role of the
Federal Government in such history, it is appropriate and proper
for the museum referred to in paragraph (1) to be located in the
State of Oklahoma.
(1) In general.--The Secretary shall offer to award
financial assistance equaling not more than $33,000,000 and
technical assistance to the Authority to be used for the
development and construction of a Native American Cultural
Center and Museum in Oklahoma City, Oklahoma.
(2) Agreement.--To be eligible to receive a grant under
paragraph (1), the appropriate official of the Authority shall--
(A) enter into a grant agreement with the Secretary
which shall specify the duties of the Authority under
this section, including provisions for continual
maintenance of the Center by the Authority without the
use of Federal funds; and
(B) demonstrate, to the satisfaction of the
Secretary, that the Authority has raised, or has
commitments from private persons or State or local
government agencies for, an amount that is equal to not
less than 66 percent of the cost to the Authority of the
activities to be carried out under the grant.
(3) Limitation.--The amount of any grant awarded under
paragraph (1) shall not exceed 33 percent of the cost of the
activities to be funded under the grant.
(4) In-kind contribution.--When calculating the cost share
of the Authority under this title, the Secretary shall reduce
such cost share obligation by the fair market value of the
approximately 300 acres of land donated by Oklahoma City for the
Center, if such land is used for the Center.
[[Page 116 STAT. 2844]]
(c) Definitions.--For the purposes of this title:
(1) Authority.--The term ``Authority'' means the Native
American Cultural and Educational Authority of Oklahoma, an
agency of the State of Oklahoma.
(2) Center.--The term ``Center'' means the Native American
Cultural Center and Museum authorized pursuant to this section.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to grant assistance under subsection
(b)(1), $8,250,000 for each of fiscal years 2003 through 2006.
TITLE IV--TRANSMISSION OF POWER FROM INDIAN LANDS IN OKLAHOMA
SEC. 401. TANSMISSION OF POWER FROM INDIAN LANDS IN OKLAHOMA.
To the extent the Southwestern Power Administration makes
transmission capacity available without replacing the present capacity
of existing users of the Administration's transmission system, the
Administrator of the Southwestern Power Administration shall take such
actions as may be necessary, in accordance with all applicable Federal
law, to make the transmission services of the Administration available
for the transmission of electric power generated at facilities located
on land within the jurisdictional area of any Oklahoma Indian tribe (as
determined by the Secretary of the Interior) recognized by the Secretary
as eligible for trust land status under part 151 of title 25, Code of
Federal Regulations. The owner or operator of the generation facilities
concerned shall reimburse the Administrator for all costs of such
actions in accordance with standards applicable to payment of such costs
by other users of the Southwestern Power Administration transmission
TITLE V--PECHANGA TRIBE
SEC. 501. LAND OF PECHANGA BAND OF LUISENO MISSION INDIANS.
(a) Limitation on Conveyance.--Land described in subsection (b) (or
any interest in that land) shall not be voluntarily or involuntarily
transferred or otherwise made available for condemnation until the date
(1)(A) the Secretary of the Interior renders a final
decision on the fee to trust application pending on the date of
the enactment of this title concerning the land; and
(B) final decisions have been rendered regarding all appeals
relating to that application decision; or
(2) the fee to trust application described in paragraph
(1)(A) is withdrawn.
(b) Description of Land.--The land referred to in subsection (a) is
land located in Riverside County, California, that is held in fee by the
Pechanga Band of Luiseno Mission Indians, as described in Document No.
211130 of the Office of the Recorder, Riverside County, California, and
recorded on May 15, 2001.
[[Page 116 STAT. 2845]]
(c) Rule of Construction.--Nothing in this section designates, or
shall be used to construe, any land described in subsection (b) (or any
interest in that land) as an Indian reservation, Indian country, Indian
land, or reservation land (as those terms are defined under any Federal
law (including a regulation)) for any purpose under any Federal law.
TITLE VI--CHEROKEE, <<NOTE: Cherokee, Choctaw, and Chickasaw Nations
Claims Settlement Act.>> CHOCTAW, AND CHICKASAW NATIONS CLAIMS
SEC. 601. <<NOTE: 25 USC 1779 note.>> SHORT TITLE.
This title may be cited as the ``Cherokee, Choctaw, and Chickasaw
Nations Claims Settlement Act''.
SEC. 602. <<NOTE: 25 USC 1779.>> FINDINGS.
The Congress finds the following:
(1) It is the policy of the United States to promote tribal
self-determination and economic self-sufficiency and to
encourage the resolution of disputes over historical claims
through mutually agreed-to settlements between Indian Nations
and the United States.
(2) There are pending before the United States Court of
Federal Claims certain lawsuits against the United States
brought by the Cherokee, Choctaw, and Chickasaw Nations seeking
monetary damages for the alleged use and mismanagement of tribal
resources along the Arkansas River in eastern Oklahoma.
(3) The Cherokee Nation, a federally recognized Indian tribe
with its present tribal headquarters south of Tahlequah,
Oklahoma, having adopted its most recent constitution on June
26, 1976, and having entered into various treaties with the
United States, including but not limited to the Treaty at
Hopewell, executed on November 28, 1785 (7 Stat. 18), and the
Treaty at Washington, D.C., executed on July 19, 1866 (14 Stat.
799), has maintained a continuous government-to-government
relationship with the United States since the earliest years of
(4) The Choctaw Nation, a federally recognized Indian tribe
with its present tribal headquarters in Durant, Oklahoma, having
adopted its most recent constitution on July 9, 1983, and having
entered into various treaties with the United States of America,
including but not limited to the Treaty at Hopewell, executed on
January 3, 1786 (7 Stat. 21), and the Treaty at Washington,
D.C., executed on April 28, 1866 (7 Stat. 21), has maintained a
continuous government-to-government relationship with the United
States since the earliest years of the Union.
(5) The Chickasaw Nation, a federally recognized Indian
tribe with its present tribal headquarters in Ada, Oklahoma,
having adopted its most recent constitution on August 27, 1983,
and having entered into various treaties with the United States
of America, including but not limited to the Treaty at Hopewell,
executed on January 10, 1786 (7 Stat. 24), and the Treaty at
Washington, D.C., executed on April 28, 1866 (7 Stat. 21),
[[Page 116 STAT. 2846]]
has maintained a continuous government-to-government
relationship with the United States since the earliest years of
(6) In the first half of the 19th century, the Cherokee,
Choctaw, and Chickasaw Nations were forcibly removed from their
homelands in the southeastern United States to lands west of the
Mississippi in the Indian Territory that were ceded to them by
the United States. From the ``Three Forks'' area near present
day Muskogee, Oklahoma, downstream to the point of confluence
with the Canadian River, the Arkansas River flowed entirely
within the territory of the Cherokee Nation. From that point of
confluence downstream to the Arkansas territorial line, the
Arkansas River formed the boundary between the Cherokee Nation
on the left side of the thread of the river and the Choctaw and
Chickasaw Nations on the right.
(7) Pursuant to the Act of April 30, 1906 (34 Stat. 137),
tribal property not allotted to individuals or otherwise
disposed of, including the bed and banks of the Arkansas River,
passed to the United States in trust for the use and benefit of
the respective Indian Nations in accordance with their
respective interests therein.
(8) For more than 60 years after Oklahoma statehood, the
Bureau of Indian Affairs believed that Oklahoma owned the
Riverbed from the Arkansas State line to Three Forks, and
therefore took no action to protect the Indian Nations' Riverbed
resources such as oil, gas, and Drybed Lands suitable for
grazing and agriculture.
(9) Third parties with property near the Arkansas River
began to occupy the Indian Nations' Drybed Lands--lands that
were under water at the time of statehood but that are now dry
due to changes in the course of the river.
(10) In 1966, the Indian Nations sued the State of Oklahoma
to recover their lands. In 1970, the Supreme Court of the United
States decided in the case of Choctaw Nation vs. Oklahoma (396
U.S. 620), that the Indian Nations retained title to their
respective portions of the Riverbed along the navigable reach of
(11) In 1987, the Supreme Court of the United States in the
case of United States vs. Cherokee Nation (480 U.S. 700) decided
that the riverbed lands did not gain an exemption from the
Federal Government's navigational servitude and that the
Cherokee Nation had no right to compensation for damage to its
interest by exercise of the Government's servitude.
(12) In 1989, the Indian Nations filed lawsuits against the
United States in the United States Court of Federal Claims (Case
Nos. 218-89L and 630-89L), seeking damages for the United
States' use and mismanagement of tribal trust resources along
the Arkansas River. Those actions are still pending.
(13) In 1997, the United States filed quiet title litigation
against individuals occupying some of the Indian Nations' Drybed
Lands. That action, filed in the United States District Court
for the Eastern District of Oklahoma, was dismissed without
prejudice on technical grounds.
(14) Much of the Indian Nations' Drybed Lands have been
occupied by a large number of adjacent landowners in Oklahoma.
Without Federal legislation, further litigation against
[[Page 116 STAT. 2847]]
thousands of such landowners would be likely and any final
resolution of disputes would take many years and entail great
expense to the United States, the Indian Nations, and the
individuals and entities occupying the Drybed Lands and would
seriously impair long-term economic planning and development for
(15) The Councils of the Cherokee and Choctaw Nations and
the Legislature of the Chickasaw Nation have each enacted tribal
resolutions which would, contingent upon the passage of this
title and the satisfaction of its terms and in exchange for the
moneys appropriated hereunder--
(A) settle and forever release their respective
claims against the United States asserted by them in
United States Court of Federal Claims Case Nos. 218-89L
and 630-89L; and
(B) forever disclaim any and all right, title, and
interest in and to the Disclaimed Drybed Lands, as set
forth in those enactments of the respective councils of
the Indian Nations.
(16) The resolutions adopted by the respective Councils of
the Cherokee, Choctaw, and Chickasaw Nations each provide that,
contingent upon the passage of the settlement legislation and
satisfaction of its terms, each Indian Nation agrees to dismiss,
release, and forever discharge its claims asserted against the
United States in the United States Court of Federal Claims, Case
Nos. 218-89L and 630-89L, and to forever disclaim any right,
title, or interest of the Indian Nation in the Disclaimed Drybed
Lands, in exchange for the funds appropriated and allocated to
the Indian Nation under the provisions of the settlement
legislation, which funds the Indian Nation agrees to accept in
full satisfaction and settlement of all claims against the
United States for the damages sought in the aforementioned
claims asserted in the United States Court of Federal Claims,
and as full and fair compensation for disclaiming its right,
title, and interest in the Disclaimed Drybed Lands.
(17) In those resolutions, each Indian Nation expressly
reserved all of its beneficial interest and title to all other
Riverbed lands, including minerals, as determined by the Supreme
Court in Choctaw Nation v. Oklahoma, 397 U.S. 620 (1970), and
further reserved any and all right, title, or interest that each
Nation may have in and to the water flowing in the Arkansas
River and its tributaries.
SEC. 603. <<NOTE: 25 USC 1779a.>> PURPOSES.
The purposes of this title are to resolve all claims that have been
or could have been brought by the Cherokee, Choctaw, and Chickasaw
Nations against the United States, and to confirm that the Indian
Nations are forever disclaiming any right, title, or interest in the
Disclaimed Drybed Lands, which are contiguous to the channel of the
Arkansas River as of the date of the enactment of this title in certain
townships in eastern Oklahoma.
SEC. 604. <<NOTE: 25 USC 1779b.>> DEFINITIONS.
For the purposes of this title, the following definitions apply:
(1) Disclaimed drybed lands.--The term ``Disclaimed Drybed
Lands'' means all Drybed Lands along the Arkansas River that are
located in Township 10 North in Range 24 East, Townships 9 and
10 North in Range 25 East, Township
[[Page 116 STAT. 2848]]
10 North in Range 26 East, and Townships 10 and 11 North in
Range 27 East, in the State of Oklahoma.
(2) Drybed lands.--The term ``Drybed Lands'' means those
lands which, on the date of enactment of this title, lie above
and contiguous to the mean high water mark of the Arkansas River
in the State of Oklahoma. The term ``Drybed Lands'' is intended
to have the same meaning as the term ``Upland Claim Area'' as
used by the Bureau of Land Management Cadastral Survey
Geographic Team in its preliminary survey of the Arkansas River.
The term ``Drybed Lands'' includes any lands so identified in
the ``Holway study.''
(3) Indian nation; indian nations.--The term ``Indian
Nation'' means the Cherokee Nation, Choctaw Nation, or Chickasaw
Nation, and the term ``Indian Nations'' means all 3 tribes
(4) Riverbed.--The term ``Riverbed'' means the Drybed Lands
and the Wetbed Lands and includes all minerals therein.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Wetbed lands.--The term ``Wetbed Lands'' means those
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107th Congressional Public Laws Records and Documents
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