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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                private person or private entity to quiet title to, or 
                determine ownership of an interest in or to, the 
                Disclaimed Drybed Lands.
                    (B) Future actions.--As of the date of enactment of 
                this title, the United States shall have no obligation 
                to bring any civil action to quiet title to, or to 
                recover any land or funds relating to, the Drybed Lands 
                (including any lands that are Wetbed Lands as of the 
                date of enactment of this title but that are located at 
                any time after that date above the mean high water mark 
                of the Arkansas River).
                    (C) No breach of trust.--The failure or declination 
                by the United States to initiate any civil action to 
                quiet title to or manage any Drybed Lands under this 
                paragraph shall not--
                          (i) constitute a breach of trust by the United 
                      States; or
                          (ii) be compensable to a claimant tribe in any 
                      manner.

    (b) Claims of Other Indian Tribes.--
            (1) Limited period for filing claims.--
                    (A) In <<NOTE: Deadline.>> general.--Not later than 
                180 days after the date of enactment of this title, any 
                claimant tribe that claims that any title, interest, or 
                entitlement held by the claimant tribe has been 
                extinguished by operation of section 605(a) or section 
                608(a) may file a claim against the United States 
                relating to the extinguishment in the United States 
                Court of Federal Claims.
                    (B) Failure to file.--After the date described in 
                subparagraph (A), a claimant tribe described in that 
                subparagraph shall be barred from filing any claim 
                described in that subparagraph.
            (2) Special holding account.--
                    (A) Establishment.--There is established in the 
                Treasury, in addition to the accounts established by 
                section 606(a), an interest-bearing special holding 
                account for the benefit of the Indian Nations.
                    (B) Deposits.--Notwithstanding any other provision 
                of this title or any other law, of any funds that would 
                otherwise be deposited in a tribal trust account 
                established by section 606(a), 10 percent shall--
                          (i) be deposited in the special holding 
                      account established by subparagraph (A); and
                          (ii) be held in that account for distribution 
                      under paragraph (3).
            (3) Distribution of funds.--

[[Page 116 STAT. 2854]]

                    (A) In general.--Funds deposited in the special 
                holding account established by paragraph (2)(A) shall be 
                distributed in accordance with subparagraphs (B) through 
                (D).
                    (B) Claim filed.--If a claim under paragraph (1)(A) 
                is filed by the deadline specified in that paragraph, on 
                final adjudication of that claim--
                          (i) if the final judgment awards to a claimant 
                      an amount that does not exceed the amount of funds 
                      in the special holding account under paragraph (2) 
                      attributable to the Indian Nation from the 
                      allocation of which under section 605(d) the funds 
                      in the special holding account are derived--
                                    (I) that amount shall be distributed 
                                from the special holding account to the 
                                claimant tribe that filed the claim; and
                                    (II) any remaining amount in the 
                                special holding account attributable to 
                                the claim shall be transferred to the 
                                appropriate tribal trust account for the 
                                Indian Nation established by section 
                                606(a); and
                          (ii) if the final judgment awards to a 
                      claimant an amount that exceeds the amount of 
                      funds in the special holding account attributable 
                      to the Indian Nation from the allocation of which 
                      under section 605(d) the funds in the special 
                      holding account are derived--
                                    (I) the balance of funds in the 
                                special holding account attributable to 
                                the Indian Nation shall be distributed 
                                to the claimant tribe that filed the 
                                claim; and
                                    (II) payment of the remainder of the 
                                judgment amount awarded to the claimant 
                                tribe shall be made from the permanent 
                                judgment appropriation established 
                                pursuant to section 1304 of title 31, 
                                United States Code.
                    (C) No claims filed.--If no claims under paragraph 
                (1)(A) are filed by the deadline specified in that 
                paragraph--
                          (i) any funds held in the special holding 
                      account under paragraph (2) and attributed to that 
                      Indian Nation shall be deposited in the 
                      appropriate tribal trust account established by 
                      section 6(a); and
                          (ii) after the date that is 180 days after the 
                      date of enactment of this title, paragraph (2)(B) 
                      shall not apply to appropriations attributed to 
                      that Indian Nation.

    (c) Declaration With Respect to Scope of Rights, Title, and 
Interests.--Congress declares that--
            (1) subsection (b) is intended only to establish a process 
        by which alleged claims may be resolved; and
            (2) nothing in this section acknowledges, enhances, or 
        establishes any prior right, title, or interest of any claimant 
        tribe in or to the Arkansas Riverbed.

[[Page 116 STAT. 2855]]

SEC. 609. <<NOTE: 25 USC 1779g.>> EFFECT ON CLAIMS.

    This title shall not be construed to resolve any right, title, or 
interest of any Indian nation or of any claimant tribe, except their 
past, present, or future claims relating to right, title, or interest in 
or to the Riverbed and the obligations and liabilities of the United 
States thereto.

                        TITLE VII--SEMINOLE TRIBE

SEC. 701. APPROVAL NOT REQUIRED TO VALIDATE CERTAIN LAND 
                        TRANSACTIONS.

    (a) Transactions.--The Seminole Tribe of Florida may mortgage, 
lease, sell, convey, warrant, or otherwise transfer all or any part of 
any interest in any real property that--
            (1) was held by the Tribe on September 1, 2002; and
            (2) is not held in trust by the United States for the 
        benefit of the Tribe.

    (b) No Further Approval Required.--Transactions under subsection (a) 
shall be valid without further approval, ratification, or authorization 
by the United States.
    (c) Trust Land Not Affected.--Nothing in this section is intended or 
shall be construed to--
            (1) authorize the Seminole Tribe of Florida to mortgage, 
        lease, sell, convey, warrant, or otherwise transfer all or any 
        part of an interest in any real property that is held in trust 
        by the United States for the benefit of the Tribe; or
            (2) affect the operation of any law governing mortgaging, 
        leasing, selling, conveying, warranting, or otherwise 
        transferring any interest in such trust land.

 TITLE <<NOTE: Jicarilla Apache Reservation Rural Water System Act. New 
Mexico.>> VIII--JICARILLA APACHE RESERVATION RURAL WATER SYSTEM

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Jicarilla Apache Reservation Rural 
Water System Act''.

SEC. 802. PURPOSES.

    The purposes of this title are as follows:
            (1) To ensure a safe and adequate rural, municipal, and 
        water supply and wastewater systems for the residents of the 
        Jicarilla Apache Reservation in the State of New Mexico in 
        accordance with Public Law 106-243.
            (2) To authorize the Secretary of the Interior, through the 
        Bureau of Reclamation, in consultation and collaboration with 
        the Jicarilla Apache Nation--
                    (A) to plan, design, and construct the water supply, 
                delivery, and wastewater collection systems on the 
                Jicarilla Apache Reservation in the State of New Mexico; 
                and
                    (B) to include service connections to facilities 
                within the town of Dulce and the surrounding area, and 
                to individuals as part of the construction.
            (3) To require the Secretary, at the request of the 
        Jicarilla Apache Nation, to enter into a self-determination 
        contract with the Jicarilla Apache Nation under title I of the 
        Indian Self-

[[Page 116 STAT. 2856]]

        Determination and Education Assistance Act (25 U.S.C. 450f et 
        seq.) under which--
                    (A) the Jicarilla Apache Nation shall plan, design, 
                and construct the water supply, delivery, and wastewater 
                collection systems, including service connections to 
                communities and individuals; and
                    (B) the Bureau of Reclamation shall provide 
                technical assistance and oversight responsibility for 
                such project.
            (4) To establish a process in which the Jicarilla Apache 
        Nation shall assume title and responsibility for the ownership, 
        operation, maintenance, and replacement of the system.

SEC. 803. DEFINITIONS.

    As used in this title:
            (1) BIA.--The term ``BIA'' means the Bureau of Indian 
        Affairs, an agency within the Department of the Interior.
            (2) Irrigation.--The term ``irrigation'' means the 
        commercial application of water to land for the purpose of 
        establishing or maintaining commercial agriculture in order to 
        produce field crops and vegetables for sale.
            (3) Reclamation.--The term ``Reclamation'' means the Bureau 
        of Reclamation, an agency within the Department of the Interior.
            (4) Report.--The term ``Report'' means the report entitled 
        ``Planning Report/Environmental Assessment, Water and Wastewater 
        Improvements, Jicarilla Apache Nation, Dulce, New Mexico'', 
        dated September 2001, which was completed pursuant to Public Law 
        106-243.
            (5) Reservation.--The term ``Reservation'' means the 
        Jicarilla Apache Reservation in the State of New Mexico, 
        including all lands and interests in land that are held in trust 
        by the United States for the Tribe.
            (6) Rural water supply project.--The term ``Rural Water 
        Supply Project'' means a municipal, domestic, rural, and 
        industrial water supply and wastewater facility area and project 
        identified to serve a group of towns, communities, cities, 
        tribal reservations, or dispersed farmsteads with access to 
        clean, safe domestic and industrial water, to include the use of 
        livestock.
            (7) State.--The term ``State'' means the State of New 
        Mexico.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Bureau of Reclamation.
            (9) Tribe.--The term ``Tribe'' means the Jicarilla Apache 
        Nation.
SEC. 804. JICARILLA APACHE RESERVATION RURAL WATER SYSTEM.

    (a) Construction.--The Secretary, in consultation and collaboration 
with the Tribe, shall plan, design, and construct the Rural Water Supply 
Project to improve the water supply, delivery, and wastewater facilities 
to the town of Dulce, New Mexico, and surrounding communities for the 
purpose of providing the benefits of clean, safe, and reliable water 
supply, delivery, and wastewater facilities.
    (b) Scope of Project.--The Rural Water Supply Project shall consist 
of the following:
            (1) Facilities to provide water supply, delivery, and 
        wastewater services for the community of Dulce, the Mundo Ranch 
        Development, and surrounding areas on the Reservation.

[[Page 116 STAT. 2857]]

            (2) Pumping and treatment facilities located on the 
        Reservation.
            (3) Distribution, collection, and treatment facilities to 
        serve the needs of the Reservation, including, but not limited 
        to, construction, replacement, improvement, and repair of 
        existing water and wastewater systems, including systems owned 
        by individual tribal members and other residents on the 
        Reservation.
            (4) Appurtenant buildings and access roads.
            (5) Necessary property and property rights.
            (6) Such other electrical power transmission and 
        distribution facilities, pipelines, pumping plants, and 
        facilities as the Secretary deems necessary or appropriate to 
        meet the water supply, economic, public health, and 
        environmental needs of the Reservation, including, but not 
        limited to, water storage tanks, water lines, maintenance 
        equipment, and other facilities for the Tribe on the 
        Reservation.

    (c) Cost Sharing.--
            (1) Tribal share.--Subject to paragraph (3) and subsection 
        (d), the tribal share of the cost of the Rural Water Supply 
        Project is comprised of the costs to design and initiate 
        construction of the wastewater treatment plant, to replace the 
        diversion structure on the Navajo River, and to construct raw 
        water settling ponds, a water treatment plant, water storage 
        plants, a water transmission pipeline, and distribution 
        pipelines, and has been satisfied.
            (2) Federal share.--Subject to paragraph (3) and subsection 
        (d), the Federal share of the cost of the Rural Water Supply 
        Project shall be all remaining costs of the project identified 
        in the Report.
            (3) Operation and maintenance.--The Federal share of the 
        cost of operation and maintenance of the Rural Water Supply 
        Project shall continue to be available for operation and 
        maintenance in accordance with the Indian Self-Determination 
        Act, as set forth in this title.

    (d) Operation, Maintenance, and Replacement After Completion.--Upon 
determination by the Secretary that the Rural Water Supply Project is 
substantially complete, the Tribe shall assume responsibility for and 
liability related to the annual operation, maintenance, and replacement 
cost of the project in accordance with this title and the Operation, 
Maintenance, and Replacement Plan under chapter IV of the Report.

SEC. 805. GENERAL AUTHORITY.

    The Secretary is authorized to enter into contracts, grants, 
cooperative agreements, and other such agreements and to promulgate such 
regulations as may be necessary to carry out the purposes and provisions 
of this title and the Indian Self-Determination Act (Public Law 93-638; 
25 U.S.C. 450 et seq.).

SEC. 806. PROJECT REQUIREMENTS.

    (a) Plans.--
            (1) Project plan.--Not <<NOTE: Deadline.>> later than 60 
        days after funds are made available for this purpose, the 
        Secretary shall prepare a recommended project plan, which shall 
        include a general map showing the location of the proposed 

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