Pub.L. 108-205 To provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958 through April 2, 2004, and for other purposes. <> ...

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            NATIVE AMERICAN TECHNICAL CORRECTIONS ACT OF 2004

[[Page 118 STAT. 542]]

Public Law 108-204
108th Congress

                                 An Act


 
To make technical corrections to laws relating to Native Americans, and 
         for other purposes. <<NOTE: Mar. 2, 2004 -  [S. 523]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Native American Technical 
Corrections Act of 2004.>> assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This <<NOTE: 25 USC 461 note.>> Act may be cited 
as the ``Native American Technical Corrections Act of 2004''.

    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.

 TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE 
                                AMERICANS

                    Subtitle A--Technical Amendments

Sec. 101. Bosque Redondo Memorial Act.
Sec. 102. Navajo-Hopi Land Settlement Act.
Sec. 103. Tribal sovereignty.
Sec. 104. Cow Creek Band of Umpqua Indians.
Sec. 105. Pueblo de Cochiti; modification of settlement.
Sec. 106. Four Corners Interpretive Center.
Sec. 107. Mississippi Band of Choctaw Indians.
Sec. 108. Rehabilitation of Celilo Indian Village.

        Subtitle B--Other Provisions Relating to Native Americans

Sec. 121. Barona Band of Mission Indians; facilitation of construction 
           of pipeline to provide water for emergency fire suppression 
           and other purposes.
Sec. 122. Conveyance of Native Alaskan objects.
Sec. 123. Pueblo of Acoma; land and mineral consolidation.
Sec. 124. Quinault Indian Nation; water feasibility study.
Sec. 125. Santee Sioux Tribe; study and report.
Sec. 126. Shakopee Mdewakanton Sioux Community.
Sec. 127. Agua Caliente Band of Cahuilla Indians.
Sec. 128. Saginaw Chippewa Tribal College.
Sec. 129. Ute Indian Tribe; oil shale reserve.

       TITLE II--PUEBLO OF SANTA CLARA AND PUEBLO OF SAN ILDEFONSO

Sec. 201. Definitions.
Sec. 202. Trust for the Pueblo of Santa Clara, New Mexico.
Sec. 203. Trust for the Pueblo of San Ildefonso, New Mexico.
Sec. 204. Survey and legal descriptions.
Sec. 205. Administration of trust land.
Sec. 206. Effect.
Sec. 207. Gaming.

      TITLE III--DISTRIBUTION OF QUINAULT PERMANENT FISHERIES FUNDS

Sec. 301. Distribution of judgment funds.
Sec. 302. Conditions for distribution.

[[Page 118 STAT. 543]]

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, except as otherwise provided in this Act, the term 
``Secretary'' means the Secretary of the Interior.

 TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE 
                                AMERICANS

                    Subtitle A--Technical Amendments

SEC. 101. BOSQUE REDONDO MEMORIAL ACT.

    Section 206 of the Bosque Redondo Memorial Act (16 U.S.C. 431 note; 
Public Law 106-511) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``2000'' and 
                inserting ``2004''; and
                    (B) in paragraph (2), by striking ``2001 and 2002'' 
                and inserting ``2005 and 2006''; and
            (2) in subsection (b), by striking ``2002'' and inserting 
        ``2007,''.

SEC. 102. NAVAJO-HOPI LAND SETTLEMENT ACT.

    Section 25(a)(8) of Public Law 93-531 (commonly known as the 
``Navajo-Hopi Land Settlement Act of 1974'') (25 U.S.C. 640d-24(a)(8)) 
is amended by striking ``annually for fiscal years 1995, 1996, 1997, 
1998, 1999, and 2000'' and inserting ``for each of fiscal years 2003 
through 2008''.

SEC. 103. TRIBAL SOVEREIGNTY.

    Section 16 of the Act of June 18, 1934 (25 U.S.C. 476), is amended 
by adding at the end the following:
    ``(h) Tribal Sovereignty.--Notwithstanding any other provision of 
this Act--
            ``(1) each Indian tribe shall retain inherent sovereign 
        power to adopt governing documents under procedures other than 
        those specified in this section; and
            ``(2) nothing in this Act invalidates any constitution or 
        other governing document adopted by an Indian tribe after June 
        18, 1934, in accordance with the authority described in 
        paragraph (1).''.

SEC. 104. COW CREEK BAND OF UMPQUA INDIANS.

    Section 7 of the Cow Creek Band of Umpqua Tribe of Indians 
Recognition Act (25 U.S.C. 712e) is amended in the third sentence by 
inserting before the period at the end the following: ``, and shall be 
treated as on-reservation land for the purpose of processing 
acquisitions of real property into trust''.

SEC. 105. PUEBLO DE COCHITI; MODIFICATION OF SETTLEMENT.

    Section 1 of Public Law 102-358 (106 Stat. 960) is amended--
            (1) by striking ``implement the settlement'' and inserting 
        the following: ``implement--
            ``(1) the settlement;'';
            (2) by striking the period at the end and inserting ``; 
        and''; and

[[Page 118 STAT. 544]]

            (3) by adding at the end the following:
            ``(2) the modifications regarding the use of the settlement 
        funds as described in the agreement known as the `First 
        Amendment to Operation and Maintenance Agreement for 
        Implementation of Cochiti Wetlands Solution', executed--
                    ``(A) on October 22, 2001, by the Army Corps of 
                Engineers;
                    ``(B) on October 25, 2001, by the Pueblo de Cochiti 
                of New Mexico; and
                    ``(C) on November 8, 2001, by the Secretary of the 
                Interior.''.

SEC. 106. FOUR CORNERS INTERPRETIVE CENTER.

    Section 7 of the Four Corners Interpretive Center Act (113 Stat. 
1706) is amended--
            (1) in subsection (a)(2), by striking ``2005'' and inserting 
        ``2008'';
            (2) in subsection (b), by striking ``2002'' and inserting 
        ``2005''; and
            (3) in subsection (c), by striking ``2001'' and inserting 
        ``2004''.

SEC. 107. MISSISSIPPI BAND OF CHOCTAW INDIANS.

    Section 1(a)(2) of Public Law 106-228 (114 Stat. 462) is amended by 
striking ``report entitled'' and all that follows through ``is hereby 
declared'' and inserting the following: ``report entitled `Report of May 
17, 2002, Clarifying and Correcting Legal Descriptions or Recording 
Information for Certain Lands placed into Trust and Reservation Status 
for the Mississippi Band of Choctaw Indians by Section 1(a)(2) of Pub. 
L. 106-228, as amended by Title VIII, Section 811 of Pub. L. 106-568', 
on file in the Office of the Superintendent, Choctaw Agency, Bureau of 
Indian Affairs, Department of the Interior, is declared''.

SEC. 108. REHABILITATION OF CELILO INDIAN VILLAGE.

    Section 401(b)(3) of Public Law 100-581 (102 Stat. 2944) is amended 
by inserting ``and Celilo Village'' after ``existing sites''.

        Subtitle B--Other Provisions Relating to Native Americans

SEC. 121. BARONA <<NOTE: California.>> BAND OF MISSION INDIANS; 
                        FACILITATION OF CONSTRUCTION OF PIPELINE 
                        TO PROVIDE WATER FOR EMERGENCY FIRE 
                        SUPPRESSION AND OTHER PURPOSES.

    (a) In General.--Notwithstanding any other provision of law, subject 
to valid existing rights under Federal and State law, and to any 
easements or similar restrictions which may be granted to the city of 
San Diego, California, for the construction, operation and maintenance 
of a pipeline and related appurtenances and facilities for conveying 
water from the San Vicente Reservoir to the Barona Indian Reservation, 
or for conservation, wildlife or habitat protection, or related 
purposes, the land described in subsection (b), fee title to which is 
held by the Barona Band of Mission Indians of California (referred to in 
this section as the ``Band'')--
            (1) is declared to be held in trust by the United States for 
        the benefit of the Band; and

[[Page 118 STAT. 545]]

            (2) shall be considered to be a portion of the reservation 
        of the Band.

    (b) Land.--The land referred to in subsection (a) is land comprising 
approximately 85 acres in San Diego County, California, and described 
more particularly as follows: San Bernardino Base and Meridian; T. 14 
S., R. 1 E.; sec. 21: W\1/2\ SE\1/4\, 68 acres; NW\1/4\ NW\1/4\, 17 
acres.
    (c) Gaming.--The land taken into trust by subsection (a) shall 
neither be considered to have been taken into trust for gaming, nor be 
used for gaming (as that term is used in the Indian Gaming Regulatory 
Act (25 U.S.C. 2701 et seq.)).

SEC. 122. CONVEYANCE OF NATIVE ALASKAN OBJECTS.

    Notwithstanding any provision of law affecting the disposal of 
Federal property, on the request of the Chugach Alaska Corporation or 
Sealaska Corporation, the Secretary of Agriculture shall convey to 
whichever of those corporations that has received title to a cemetery 
site or historical place on National Forest System land conveyed under 
section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1613(h)(1)) all artifacts, physical remains, and copies of any available 
field records that--
            (1)(A) are in the possession of the Secretary of 
        Agriculture; and
            (B) have been collected from the cemetery site or historical 
        place; but
            (2) are not required to be conveyed in accordance with the 
        Native American Graves Protection and Repatriation Act (25 
        U.S.C. 3001 et seq.) or any other applicable law.
SEC. 123. PUEBLO OF ACOMA; LAND AND MINERAL CONSOLIDATION.

    (a) Definition of Bidding or Royalty Credit.--The term ``bidding or 
royalty credit'' means a legal instrument or other written 
documentation, or an entry in an account managed by the Secretary, that 
may be used in lieu of any other monetary payment for--
            (1) a bonus bid for a lease sale on the outer Continental 
        Shelf; or
            (2) a royalty due on oil or gas production;

for any lease located on the outer Continental Shelf outside the zone 
defined and governed by section 8(g)(2) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1337(g)(2)).
    (b) Authority.--Notwithstanding any other provision of law, the 
Secretary may acquire any nontribal interest in or to land (including an 
interest in mineral or other surface or subsurface rights) within the 
boundaries of the Acoma Indian Reservation for the purpose of carrying 
out Public Law 107-138 (116 Stat. 6) by issuing bidding or royalty 
credits under this section in an amount equal to the value of the 
interest acquired by the Secretary, as determined under section 1(a) of 
Public Law 107-138 (116 Stat. 6).
    (c) Use of Bidding and Royalty Credits.--On issuance by the 
Secretary of a bidding or royalty credit under subsection (b), the 
bidding or royalty credit--
            (1) <<NOTE: Notification.>> may be freely transferred to any 
        other person (except that, before any such transfer, the 
        transferor shall notify the Secretary of the transfer by such 
        method as the Secretary may specify); and

[[Page 118 STAT. 546]]

            (2) shall remain available for use by any person during the 
        5-year period beginning on the date of issuance by the Secretary 
        of the bidding or royalty credit.
SEC. 124. QUINAULT <<NOTE: Washington.>> INDIAN NATION; WATER 
                        FEASIBILITY STUDY.

    (a) In General.--The Secretary is authorized to carry out, in 
accordance with Federal reclamation law (the Act of June 17, 1902 (32 
Stat. 388, chapter 1093), and Acts supplemental to and amendatory of 
that Act (43 U.S.C. 371 et seq.)), a water source, quantity, and quality 
feasibility study for land of the Quinault Indian Nation to identify 
ways to meet the current and future domestic and commercial water supply 
and distribution needs of the Quinault Indian Nation on the Olympic 
Peninsula, Washington.
    (b) Public Availability of Results.--As soon as practicable after 
completion of a feasibility study under subsection (a), the Secretary 
shall--
            (1) <<NOTE: Federal Register, publication.>> publish in the 
        Federal Register a notice of the availability of the results of 
        the feasibility study; and
            (2) make available to the public, on request, the results of 
        the feasibility study.

SEC. 125. <<NOTE: Nebraska.>> SANTEE SIOUX TRIBE; STUDY AND REPORT.

    (a) Study.--Pursuant to reclamation laws, the Secretary, acting 
through the Bureau of Reclamation and in consultation with the Santee 
Sioux Tribe of Nebraska (referred to in this subtitle as the ``Tribe''), 
shall conduct a feasibility study to determine the most feasible method 
of developing a safe and adequate municipal, rural, and industrial water 
treatment and distribution system for the Santee Sioux Tribe of Nebraska 
that could serve the tribal community and adjacent communities and 
incorporate population growth and economic development activities for a 
period of 40 years.
    (b) Cooperative Agreement.--At the request of the Tribe, the 
Secretary shall enter into a cooperative agreement with the Tribe for 

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