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STAT. 763
PUBLIC LAW 104-109—FEB. 12, 1996 110
Public Law 104—109
104th Congress
An Act
Feb. 12, 1996
To make certain technical corrections in laws relating to Native Americans, and
for other purposes.
[ELR. 2726]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CORRECTION TO POKAGON RESTORATION ACT.
Section 9 of the Act entitled “An Act to restore Federal services
to the Pokagon Band of Potawatomi Indians” (25 U.S.C. 1300j-
Ta) is amended—
(1) by striking “Bands” each place it appears and inserting
3)
in subsection (a), by striking “respective”; and
(3) in subsection (b)—
(A) in paragraph (1)—
(i) in the first sentence—
(I) by striking “membership rolls that contain”
and inserting “a membership roll that contains”;
in
thea? “riking “in such” and inserting “in
(ii) the second sentence, by striking “Each such”
and in inserting paragraph
(i) by striking and inserting
ra
yc) by striking “such rolls” and inserting “such
©
(C) in the heading for paragraph (3), by striking
“ROLLS” and inserting striking
(D) in paragraph (3), by “rolls are maintained”
and inserting
SEC. 2. CORRECTION TO ODAWA AND OTTAWA RESTORATION ACT.
(a) REAFFIRMATION OF RIGHTS.—The heading of section 5(b)
of the Little Traverse Bay Bands of Odawa Indians and the Little
River Band of Ottawa Indians Act (25 U.S.C. 1300k-—3) is amended
by striking “TRIBE” and inserting “BANDS”.
(b) MEMBERSHIP LisT.—Section 9 of the Little Traverse Bay
Bands of Odawa and the Little River Band of Ottawa Indians
Act (25 U.S.C. 1800k-—7) is amended—
5) in Subsection (a)—
”; an
rae striking “Band” the first place it appears and
\


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110 STAT.
764 PUBLIC LAW 104—-109—FEB. 12, 1996
(B) by striking “the Band.” and inserting “the respec-
tive Bands.”; and
(2) in subsection (bX 1)—
(A) in the first sentence, by striking “the Band shall
submit to the Secretary membership rolls that contain
the names of all individuals eligible for membership in
such Band” and inserting “each of the Bands shall submit
to the Secretary a membership roll that contains the names
of all individuals that are eligible for membership in such
Band”; and
(B) in the second sentence, by striking “The Band,
in consultation” and inserting “Each such Band, in con-
sultation”.
SEC. 3. INDIAN DAMS SAFETY ACT OF 1994.
Section 4(h) of the Indian Dams Safety Act of 1994 (25 U.S.C.
3803(h); 108 Stat. 1562) is amended by striking “(under the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b(e))), as amended,” and inserting “under the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 450 et seq.)”.
SEC. 4. PASCUA YAQUI INDIANS OF ARIZONA.
Section 4(b) of the Act entitled “An Act to provide for the
extension of certain Federal benefits, services, and assistance to
the Pascua other
the Pascua Yaqui Indians of Arizona, and for other purposes” (25
U.S.C. 1300f—3(b)) is amended by striking “Pascua Yaqui tribe”
and inserting “Pascua Yaqui Tribe”.
SEC. 5. INDIAN LANDS OPEN DUMP CLEANUP ACT OF 1994.
Section 3(7) of the Indian Lands Open Dump Cleanup Act
of 1994 (25 U.S.C. 3902(7); 108 Stat. 4165) is amended by strikin
“under section 6944 of the Solid Waste Disposal Act (42 U.S.C.
6941 et seq.)” and inserting “under section 4004 of the Solid Waste
Disposal Act (42 U.S.C. 6944)”.
SEC. 6. AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM ACT
OF 1994.
(a) MAINTENANCE OF RECORDS.—Section 303(cX5\D) of the
American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4043(cX5XD); 108 Stat. 4247) is amended by striking
made under paragraph (3\B)” and inserting “made under subpara-
(C)”.
graph
(b) ADvisoRY BOARD.—Section 306(d) of the Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4046(d); 108 Stat.
4249) is amended by striking “Advisory Board” and inserting
“advisory board”.
SEC. 7. INDIAN SELF-DETERMINATION CONTRACT REFORM ACT OF
1994.
Section 102(11) of the Indian Self-Determination Contract
25 USC 450).
Reform Act of 1994 (108 Stat. 4254) is amended by striking “sub-
section (e)” and inserting “subsection (e) of section 105”.
SEC. 8. AUBURN INDIAN RESTORATION.
(a) ECONOMIC DEVELOPMENT.—Section 203 of the Auburn
Indian Restoration Act (25 U.S.C. 13001—1) is amended—
(1) in subsection (a2), by striking “as provided in section
107” and inserting “as provided in section 207”; and


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STAT. 765
PUBLIC LAW 104—-109—FEB. 12, 1996 110
(2) in subsection (b), by striking “section 104” and inserting
“section 204”.
(b) INTERIM GOVERNMENT.—The last sentence of section 206
of the Auburn Indian Restoration Act (25 U.S.C. 130014) is
amended by striking “Interim council” and inserting “Interim Coun-
SEC. 9. CROW BOUNDARY SETTLEMENT ACT OF 1994.
(a) ENFORCEMENT.—Section 5(bX3) of the Crow Boundary
Settlement Act of 1994 (25 U.S.C. 1776c(bX3); 108 Stat. 4636)
is amended by striking “provisions of subsection (b)” and inserting
—Section
“provisions of this subsection”.
(b) APPLICABILITY. 9a) of the Crow Boundary Settle-
ment Act of 1994 (25 U.S.C. 1776g(a); 108 Stat. 4640) is amended
by striking “The Act” and inserting “This Act”.
(c) ESCROW FUNDS.—Section 10(b) of the Crow Boundary Settle-
ment Act of 1994 (25 U.S.C. 1776h(b); 108 Stat. 4641) is amended
by striking “(collectively referred to in this subsection as the
uspension Accounts’)” and inserting “(collectively referred to in
this section as the ‘Suspension Accounts’)”.
SEC. 10. TLINGIT AND HAIDA STATUS CLARIFICATION ACT.
The first sentence of section 205 of the Tlingit and Haida
Status Clarification Act (25 U.S.C. 1215) is amended by striking
“Indian tribes” and inserting “Indian Tribes”.
SEC. 11. NATIVE AMERICAN LANGUAGES ACT.
Section 103 of the Native American Languages Act (25 U.S.C.
2902) is amended—
(1) in paragraph (2), by striking “under section 5351(4)
of the Indian Education Act of 1988 (25 U.S.C. 2651(4))” and
inserting “under section 9161(4) of the Elemen and Second-
ary Education Act of 1965 (20 U.S.C. an
(2) in paragraph (3), by striking “section 4009 of Public
Law 100-297 (20 U.S.C. 4909)” and inserting “section 9212(1)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7912(1))”.
SEC. 12. PONCA RESTORATION ACT.
Section 5 of the Ponca Restoration Act (25 U.S.C. 983c) is
amended—
Wayne,”
or
(1) "Before “Knox” Sarpy, Burt, Platte, Stanton, Holt, Hall,
(2) by striking “ Charles Mix County” and inserting",
or Pottawattomie Counties of Iowa, or Charles
oun:
SEC. 138. REVOCATION OF CHARTER OF INCORPORATION OF THE MIN-
NESOTA CHIPPEWA TRIBE UNDER THE INDIAN REORGA-
NIZATION ACT.
The request of the Minnesota Chippewa Tribe to surrender
the charter of incorporation issued to that tribe on September
17, 1937, pursuant to section 17 of the Act of June 18, 1934,
pursuant 18,
commonly known as the “Indian Reorganization Act” (48 Stat. 988,
chapter 576; 25 U.S.C. 477) is hereby accepted and that charter
of incorporation is hereby revoked.


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110 STAT.
766 PUBLIC LAW 104-109—FEB. 12, 1996
SEC. 14. ADVISORY COUNCIL ON CALIFORNIA INDIAN POLICY ACT OF
1992.
Section 5(6) of the Advisory Council on California Indian Policy
Act of 1992 (106 Stat. 2133; inserting U.S.C. 651 note) is amended by
striking “18 months” and “36 months”.
SEC. 15. IN-LIEU FISHING SITE TRANSFER AUTHORITY.
Section 401 of Public Law 100-581 (102 Stat. 2944-2945) is
amended by adding at the end the following new subsection:
“(g) The Secre' of the Army is authorized to transfer funds
to the Department of the Interior to be used for purposes of the
continued operation and maintenance of sites improved or developed
under
SEC. 16. ADOLESCENT TRANSITIONAL LIVING FACILITY.
Notwithstanding any other provision of law, any funds that
were provided to the Ponca Indian Tribe of Nebraska for any
of the fiscal years through 1995, and that were retained
by that Indian tribe, pursuant to a self-determination contract
with the Secretary of Health and Human Services that the Indian
tribe entered into under section 102 of the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450f) to carry out
programs and functions of the Indian Health Service may be used
y that Indian tribe to acquire, develop, and maintain a transitional
living facility for adolescents, including land for that facility.
SEC. 17. EXPENDITURE OF MESCALERO APACHE TRIBE JUDGMENT
FUNDS.
Notwithstanding any other provision of law, or any distribution
plan approved pursuant to the Indian Tribal Judgment Funds Use
or
or Distribution Act (25 U.S.C. 1401 et seq.), the Secretary of the
Interior may reprogram, in accordance with the Resolutions,
approved by the Mescalero Apache Tribal Council on January 24,
1995, any and all remaining funds (principal and interest accounts)
regarding specific changes in the Secretarial Plans for the use
of the funds in Docket Nos. 22—G, 30, 48, 30—A, and 48—A, awarded
in satisfaction of the judgments by the Indian Claims Commission.
SEC. 18. ESTABLISHMENT
Section 5(d\2) of the Lac Vieux Desert Band of Lake Superior
is amen
Chippewa Indians Act (25 U.S.C. 1300h-—3(dX2); 102 Stat. 1578)
(1) by inserting “and base roll” after “requirement”; and
(2) by striking “modification is” and inserting “modifications
are”,
SEC. 19. OPTION TO INCORPORATE SELF-DETERMINATION PROVI-
SIONS INTO SELF-GOVERNANCE.
Section 403 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 458cc) is amended by adding the following
new subsection:
“(1) INCORPORATE SELF-DETERMINATION PROVISIONS.—At the
option of a participating tribe or tribes, any or all provisions of
title I of this Act shall be made part ‘of an agreement entered
into under title III of this Act or this title. The Secretary is obligated
to include such provisions at the option of the participating tribe


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PUBLIC LAW 104-109—FEB. 12, 1996 110 STAT. 767
or tribes. If such provision is in ted it shall have the same
force and effect as if set out in in title III or this title.”.
Approved February 12, 1996.
LEGISLATIVE HISTORY—H.R. 2726 (S. 325) (S. 1431):
HOUSE REPORTS: No. 104—444 (Comm. on Resources).
SENATE REPORTS: No. 104-150 accompanying S. 325 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
Vol. 141 (1995): Oct. 31, S. 325 considered and passed Senate.
Dec. 7, S. 1431 considered and passed Senate.
Vol. 142 (1996): Jan. 23, H.R. 2726 considered and passed House.
Jan. 26, considered and passed Senate.