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. <> ...


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    (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.

    (b) Grant.--
            (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 
system.

                         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 
on which--
            (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 
SETTLEMENT ACT

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 
        the Union.
            (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 
        the Union.
            (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 
        the river.
            (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 
        all parties.
            (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 
        collectively.
            (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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