text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Hoopa-Yurok Settlement Amendment Act 
  of 2004''.
  
  SEC. 2. ACQUISITION OF LAND FOR THE YUROK RESERVATION.
  
      Section 2(c) of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i-
  1(c)) is amended by adding at the end the following:
              ``(5) Land acquisition.--
                      ``(A) In general.--Not later than 1 year after the 
                  date of enactment of this paragraph, the Secretary and 
                  the Secretary of Agriculture shall--
                              ``(i) in consultation with the Yurok Tribe, 
                          identify Federal and private land available 
                          from willing sellers within and adjacent to or 
                          in close proximity to the Yurok Reservation in 
                          the aboriginal territory of the Yurok Tribe 
                          (excluding any land within the Hoopa Valley 
                          Reservation) as land that may be considered for 
                          inclusion in the Yurok Reservation;
                              ``(ii) negotiate with the Yurok Tribe to 
                          determine, from the land identified under 
                          clause (i), a land base for an expanded Yurok 
                          Reservation that will be adequate for economic 
                          self-sufficiency and the maintenance of 
                          religious and cultural practices;
                              ``(iii) jointly with the Yurok Tribe, 
                          provide for consultation with local 
                          governments, and other parties whose interests 
                          are directly affected, concerning the potential 
                          sale or other transfer of land to the Yurok 
                          Tribe under this Act;
                              ``(iv) submit to Congress a report 
                          identifying any parcels of land within their 
                          respective jurisdictions that are determined to 
                          be within the land base negotiated under clause 
                          (ii); and
                              ``(v) not less than 60 days after the date 
                          of submission of the report under clause (iv), 
                          convey to the Secretary in trust for the Yurok 
                          Tribe the parcels of land within their 
                          respective jurisdictions that are within that 
                          land base.
                      ``(B) Acceptance in trust.--The Secretary shall--
                              ``(i) accept in trust for the Yurok Tribe 
                          the conveyance of such private land as the 
                          Yurok Tribe, or the United States on behalf of 
                          the Yurok Tribe, may acquire from willing 
                          sellers, by exchange or purchase; and
                              ``(ii) provide for the expansion of the 
                          Yurok Reservation boundaries to reflect the 
                          conveyances.
                      ``(C) Funding.--Notwithstanding any other provision 
                  of law, from funds made available to carry out this 
                  Act, the Secretary may use $2,500,000 to pay the costs 
                  of appraisals, surveys, title reports, and other 
                  requirements relating to the acquisition by the Yurok 
                  Tribe of private land under this Act (excluding land 
                  within the boundaries of the Hoopa Valley Reservation).
                      ``(D) Report.--
                              ``(i) In general.--Not later than 90 days 
                          after the date of submission of the report 
                          under subparagraph (A)(iv), the Secretary, in 
                          consultation with the Secretary of Agriculture 
                          relative to the establishment of an adequate 
                          land base for the Yurok Tribe, shall submit to 
                          Congress a report that describes--
                                      ``(I) the establishment of an 
                                  adequate land base for the Yurok Tribe 
                                  and implementation of subparagraph (A);
                                      ``(II) the sources of funds 
                                  remaining in the Settlement Fund, 
                                  including the statutory authority for 
                                  such deposits and the activities, 
                                  including environmental consequences, 
                                  if any, that gave rise to those 
                                  deposits;
                                      ``(III) disbursements made from the 
                                  Settlement Fund;
                                      ``(IV) the provision of resources, 
                                  reservation land, trust land, and 
                                  income-producing assets including, to 
                                  the extent data are available 
                                  (including data available from the 
                                  Hoopa Valley Tribe and the Yurok 
                                  Tribe), the environmental condition of 
                                  the land and income-producing assets, 
                                  infrastructure, and other valuable 
                                  assets; and
                                      ``(V) to the extent data are 
                                  available (including data available 
                                  from the Hoopa Valley Tribe and the 
                                  Yurok Tribe), the unmet economic, 
                                  infrastructure, and land needs of each 
                                  of the Hoopa Valley Tribe and the Yurok 
  Tribe.
                              ``(ii) Limitation.--No expenditures for any 
                          purpose shall be made from the Settlement Fund 
                          before the date on which, after receiving the 
                          report under clause (i), Congress enacts a law 
                          authorizing such expenditures, except as the 
                          Hoopa Valley Tribe and Yurok Tribes may agree 
                          pursuant to their respective constitutional 
                          requirements.
              ``(6) Claims.--
                      ``(A) In general.--The Court of Federal Claims 
                  shall hear and determine all claims of the Yurok Tribe 
                  or a member of the Yurok Tribe against the United 
                  States asserting that the alienation, transfer, lease, 
                  use, or management of land or natural resources located 
                  within the Yurok Reservation violates the Constitution, 
                  laws, treaties, Executive orders, regulations, or 
                  express or implied contracts of the United States.
                      ``(B) Conditions.--A claim under subparagraph (A) 
                  shall be heard and determined--
                              ``(i) notwithstanding any statute of 
                          limitations (subject to subparagraph (C)) or 
                          any claim of laches; and
                              ``(ii) without application of any setoff or 
                          other claim reduction based on a judgment or 
                          settlement under the Act of May 18, 1928 (25 
                          U.S.C. 651 et seq.) or other laws of the United 
                          States.
                      ``(C) Limitation.--A claim under subparagraph (A) 
                  shall be brought not later than 10 years after the date 
                  of enactment of this paragraph.''.
  
  SEC. 3. JURISDICTION.
  
      (a) Law Enforcement and Tribal Court Funds and Programs.--Section 
  2(f) of the Hoopla-Yurok Settlement Act (25 U.S.C. 1300i-1(f)) is 
  amended--
              (1) by striking ``The Hoopa'' and inserting the following:
              ``(1) In general.--The Hoopa'';
              (2) by striking the semicolon after ``Code'' the first 
          place it appears and inserting a comma; and
              (3) by adding at the end the following:
              ``(2) Law enforcement and tribal court funds and 
          programs.--
                      ``(A) In general.--Notwithstanding paragraph (1), 
                  Federal law enforcement and tribal court funds and 
                  programs shall be made available to the Hoopa Valley 
                  Tribe and Yurok Tribe on the same basis as the funds 
                  and programs are available to Indian tribes that are 
                  not subject to the provisions of law referred to in 
                  paragraph (1).
                      ``(B) Authorization of appropriations.--There is 
                  authorized to be appropriated for Yurok law enforcement 
                  and tribal court programs $1,000,000 for each fiscal 
                  year.''.
      (b) Recognition of the Yurok Tribe.--Section 9 of the Hoopa-Yurok 
  Settlement Act (25 U.S.C. 1300i-8) is amended by adding at the end the 
  following:
      ``(f) Recognition of the Yurok Tribe.--The authority of the Yurok 
  Tribe over its territories as provided in the constitution of the Yurok 
  Tribe as of the date of enactment of this subsection are ratified and 
  confirmed insofar as that authority relates to the jurisdiction of the 
  Yurok Tribe over persons and land within the boundaries of the Yurok 
  Reservation.''.
      (c) Yurok Reservation Resources.--Section 12 of the Hoopa Yurok 
  Settlement Act (102 Stat. 2935) is amended by adding at the end the 
  following:
      ``(c) Klamath River Basin Fisheries.--
              ``(1) In general.--The Secretary and the Secretary of 
          Agriculture shall enter into stewardship agreements with the 
          Yurok Tribe with respect to management of Klamath River Basin 
          fisheries and water resources.
              ``(2) Effect of paragraph.--Nothing in paragraph (1) 
          provides the Yurok Tribe with any jurisdiction within the Hoopa 
          Valley Reservation.
      ``(d) Management Authority.--
              ``(1) Definition of comanangement authority.--In this 
          subsection, the term `management authority' means the right to 
          make decisions jointly with the Secretary or the Secretary of 
          Agriculture, as the case may be, with respect to the natural 
          resources and sacred and cultural sites described in paragraph 
          (2).
              ``(2) Grant of management authority.--There is granted to 
          the Yurok Tribe management authority over all natural 
          resources, and over all sacred and cultural sites of the Yurok 
          Tribe within their usual and accustomed places, that are on 
          land remaining under the jurisdiction of the National Park 
          Service, Forest Service, or Bureau of Land Management within 
          the aboriginal territory of the Yurok Tribe.
      ``(e) Subsistence.--
              ``(1) In general.--There is granted access for subsistence 
          hunting, fishing, and gathering rights for members of the Yurok 
          Tribe over all land and water within the aboriginal territory 
          of the Yurok Tribe that remain under the jurisdiction of the 
          Yurok Tribe or the United States, excluding any land within the 
          Hoopa Valley Reservation.
              ``(2) Condition.--All subsistence-related activities under 
          paragraph (1) shall be conducted in accordance with management 
          plans developed by the Yurok Tribe.''.
  
  SEC. 4. BASE FUNDING.
  
      From amounts made available to the Secretary for new tribes 
  funding, the Secretary shall make an adjustment in the base funding for 
  the Yurok Tribe based on the enrollment of the Yurok Tribe as of the 
  date of enactment of this Act.
  
  SEC. 5. YUROK INFRASTRUCTURE DEVELOPMENT.
  
      (a) In General.--There are authorized to be appropriated--
              (1) $20,000,000 for the upgrade and construction of Bureau 
          of Indian Affairs and tribal roads on the Yurok Reservation;
              (2) for each fiscal year, $500,000 for the operation of a 
          road maintenance program for the Yurok Tribe;
              (3) $3,500,000 for purchase of equipment and supplies for 
          the Yurok Tribe road maintenance program;
              (4) $7,600,000 for the electrification of the Yurok 
          Reservation;
              (5) $2,500,000 for telecommunication needs on the Yurok 
          Reservation;
              (6) $18,000,000 for the improvement and development of 
          water and wastewater treatment systems on the Yurok 
          Reservation;
              (7) $6,000,000 for the development and construction of a 
          residential care, drug and alcohol rehabilitation, and 
          recreational complex near Weitchpec;
              (8) $7,000,000 for the construction of a cultural center 
          for the Yurok Tribe;
              (9) $4,000,000 for the construction of a tribal court, law 
          enforcement, and detention facility in Klamath;
              (10) $10,000,000 for the acquisition or construction of at 
          least 50 homes for Yurok Tribe elders;
              (11) $3,200,000 for the development and initial startup 
          cost for a Yurok School District; and
              (12) $800,000 to supplement Yurok Tribe higher education 
          need.
      (b) Priority.--Congress--
              (1) recognizes the unsafe and inadequate condition of roads 
          and major transportation routes on and to the Yurok 
          Reservation; and
              (2) identifies as a priority that those roads and major 
          transportation routes be upgraded and brought up to the same 
          standards as transportation systems throughout the State of 
          California.
  
  SEC. 6. YUROK ECONOMIC DEVELOPMENT.
  
      There are authorized to be appropriated--
              (1) $20,000,000 for the construction of an ecolodge and 
          associated costs;
              (2) $1,500,000 for the purchase of equipment to establish a 
          gravel operation; and
              (3) $6,000,000 for the purchase and improvement of 
          recreational and fishing resorts on the Yurok Reservation.
  
  SEC. 7. BLM LAND.
  
      (a) Conveyance to the Yurok Tribe.--The following parcels of Bureau 
  of Land Management land within the aboriginal territory of the Yurok 
  Tribe are conveyed in trust status to the Yurok Tribe:
              (1) T. 9N., R. 4E, HUM, sec. 1.
              (2) T. 9N., R. 4E, sec. 7.
              (3) T. 9N., R. 4E., sec. 8, lot 3.
              (4) T. 9N., R. 4E., sec. 9, lots 19 and 20.
              (5) T. 9N., R. 4E., sec. 17, lots 3 through 6.
              (6) T. 9N., R. 4E., sec. 18, lots 7 and 10.
              (7) T. 9N., R. 3E., sec. 13, lots 8 and 12.
              (8) T. 9N., R. 3E, sec. 14, lot 6.
      (b) Conveyance to the Hoopa Valley Tribe.--The following parcels of 
  Bureau of Land Management land along the western boundaries of the 
  Hoopa Valley Reservation are conveyed in trust status to the Hoopa 
  Valley Tribe:
              (1) T. 9N, R. 3E., sec. 23, lots 7 and 8.
              (2) T. 9N., R. 3E., sec. 26, lots 1 through 3.
              (3) T. 7N., R. 3E., sec. 7, lots 1 and 6.
              (4) T. 7N., R. 3E., sec. 1.
  
  SEC. 8. REPEAL OF OBSOLETE PROVISIONS.
  
      Section 2(c)(4) of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i-
  1(c)(4)) is amended by striking ``The--
  '' and all that follows through ``shall not be'' and inserting ``The 
  apportionment of funds to the Yurok Tribe under sections 4 and 7 shall 
  not be''.
  
  SEC. 9. VOTING MEMBER.
  
      Section 3(c) of the Klamath River Basin Fisheries Restoration Act 
  (16 U.S.C. 460ss-2(c)) is amended--
              (1) by redesignating paragraphs (4) and (5) as paragraphs 
          (5) and (6); and
              (2) by striking paragraph (3) and inserting the following:
              ``(3) A representative of the Yurok Tribe who shall be 
          appointed by the Yurok Tribal Council.
              ``(4) A representative of the Department of the Interior 
          who shall be appointed by the Secretary.''.
  
  SEC. 10. ECONOMIC SELF-SUFFICIENCY.
  
      Section 10 of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i-9) is 
  amended by striking subsection (a) and inserting the following:
      ``(a) Plan for Economic Self-Sufficiency.--
              ``(1) Negotiations.--Not later than 30 days after the date 
          of enactment of the Hoopa-Yurok Settlement Amendment Act of 
          2004, the Secretary shall enter into negotiations with the 
          Yurok Tribe to establish a plan for the economic self-
          sufficiency of the Yurok Tribe, which shall be completed not 
          later than 18 months after the date of enactment of the Hoopa-
          Yurok Settlement Amendment Act of 2004.
              ``(2) Submission to congress.--On the approval of the plan 
          by the Yurok Tribe, the Secretary shall submit the plan to 
          Congress.
              ``(3) Authorization of appropriations.--There is authorized 
          to be appropriated $3,000,000 to establish the Yurok Tribe 
          Self-Sufficiency Plan.''.
  
  SEC. 11. EFFECT OF ACT.
  
      Nothing in this Act or any amendment made by this Act limits the 
  existing rights of the Hoopa Valley Tribe or the Yurok Tribe Tribe.
target: Hoopa-Yurok Settlement Amendment Act of 2004 - Amends the Hoopa-Yurok Settlement Act to provide for the acquisition of land for the Yurok Reservation.
  
  Provides that Federal law enforcement and tribal court funds and programs shall be made available to the Hoopa Valley Tribe and Yurok Tribe on the same basis as the funds and programs are available to other Indian tribes.
  
  Provides for recognition of the Yurok Tribe.
  
  Directs the Secretary of the Interior and the Secretary of Agriculture to enter into stewardship agreements with the Yurok Tribe with respect to management of Klamath River Basin fisheries and water resources.
  
  Authorizes appropriations for Yurok infrastructure development and for Yurok economic development.
  
  Amends the Klamath River Basin Fisheries Act to revise the membership of the Klamath Fishery Management Council to include as voting members a representative of the Yurok Tribe appointed by the Yurok Tribal Council and a representative of the Department of the Interior appointed by the Secretary of the Interior.
  
  Amends the Hoopa-Yurok Settlement Act to require the Secretary to enter into negotiations with the Yurok Tribe to establish a plan for the economic self-sufficiency of the Yurok Tribe.
feat_title: A bill to amend the Hoopa-Yurok Settlement Act to provide for the acquisition of land for the Yurok Reservation and an increase in economic development beneficial to the Hoopa Valley Tribe and the Yurok Tribe, and for other purposes.