[106th Congress Public Law 568]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ568.106]
[[Page 2867]]
OMNIBUS INDIAN ADVANCEMENT ACT
[[Page 114 STAT. 2868]]
Public Law 106-568
106th Congress
An Act
To authorize the construction of a Wakpa Sica Reconciliation Place in
Fort Pierre, South Dakota, and for other purposes. <<NOTE: Dec. 27,
2000 - [H.R. 5528]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Omnibus Indian Advancement
Act.>> assembled,
SECTION 1. <<NOTE: 25 USC 4101 note.>> SHORT TITLE.
This Act may be cited as the ``Omnibus Indian Advancement Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY IRRIGATION WORKS
Sec. 101. Findings.
Sec. 102. Conveyance and operation of irrigation works.
Sec. 103. Relationship to other laws.
TITLE II--NATIVE HAWAIIAN HOUSING ASSISTANCE
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Housing assistance.
Sec. 204. Loan guarantees for Native Hawaiian housing.
TITLE III--COUSHATTA TRIBE OF LOUISIANA LAND TRANSACTIONS
Sec. 301. Approval not required to validate land transactions.
TITLE IV--WAKPA SICA RECONCILIATION PLACE
Sec. 401. Findings.
Sec. 402. Definitions.
Subtitle A--Reconciliation Center
Sec. 411. Reconciliation center.
Sec. 412. Sioux Nation Tribal Supreme Court.
Sec. 413. Legal jurisdiction not affected.
Subtitle B--GAO Study
Sec. 421. GAO study.
TITLE V--EXPENDITURE OF FUNDS BY ZUNI INDIAN TRIBE
Sec. 501. Expenditure of funds by tribe authorized.
TITLE VI--TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT
Sec. 601. Short title.
Sec. 602. Congressional findings and purpose.
Sec. 603. Definitions.
[[Page 114 STAT. 2869]]
Sec. 604. Ratification of settlement agreement.
Sec. 605. Settlement funds.
Sec. 606. Trust land acquisition and status.
Sec. 607. Permanent flowage easements.
Sec. 608. Satisfaction of claims, waivers, and releases.
Sec. 609. Miscellaneous provisions.
Sec. 610. Authorization of appropriations.
Sec. 611. Effective date.
TITLE VII--SHAWNEE TRIBE STATUS
Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Definitions.
Sec. 704. Federal recognition, trust relationship, and program
eligibility.
Sec. 705. Establishment of a tribal roll.
Sec. 706. Organization of the tribe; tribal constitution.
Sec. 707. Tribal land.
Sec. 708. Jurisdiction.
Sec. 709. Individual Indian land.
Sec. 710. Treaties not affected.
TITLE VIII--TECHNICAL CORRECTIONS
Sec. 801. Short title.
Subtitle A--Miscellaneous Technical Provisions
Sec. 811. Technical correction to an Act affecting the status of
Mississippi Choctaw lands and adding such lands to the
Choctaw Reservation.
Sec. 812. Technical corrections concerning the Five Civilized Tribes of
Oklahoma.
Sec. 813. Waiver of repayment of expert assistance loans to the Red Lake
Band of Chippewa Indians and the Minnesota Chippewa Tribes.
Sec. 814. Technical amendment to the Indian Child Protection and Family
Violence Protection Act.
Sec. 815. Technical amendment to extend the authorization period under
the Indian Health Care Improvement Act.
Sec. 816. Technical amendment to extend the authorization period under
the Indian Alcohol and Substance Abuse Prevention and
Treatment Act of 1986.
Sec. 817. Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation.
Sec. 818. Technical amendment regarding the treatment of certain income
for purposes of Federal assistance.
Sec. 819. Land to be taken into trust.
Subtitle B--Santa Fe Indian School
Sec. 821. Short title.
Sec. 822. Definitions.
Sec. 823. Transfer of certain lands for use as the Santa Fe Indian
School.
Sec. 824. Land use.
TITLE IX--CALIFORNIA INDIAN LAND TRANSFER
Sec. 901. Short title.
Sec. 902. Lands held in trust for various tribes of California Indians.
Sec. 903. Miscellaneous provisions.
TITLE X--NATIVE AMERICAN HOMEOWNERSHIP
Sec. 1001. Lands Title Report Commission.
Sec. 1002. Loan guarantees.
Sec. 1003. Native American housing assistance.
TITLE XI--INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES
Sec. 1101. Short title.
Sec. 1102. Findings, purposes.
Sec. 1103. Amendments to the Indian Employment, Training and Related
Services Demonstration Act of 1992.
Sec. 1104. Report on expanding the opportunities for program
integration.
TITLE XII--NAVAJO NATION TRUST LAND LEASING
Sec. 1201. Short title.
Sec. 1202. Congressional findings and declaration of purposes.
Sec. 1203. Lease of restricted lands for the Navajo Nation.
[[Page 114 STAT. 2870]]
TITLE XIII--AMERICAN INDIAN EDUCATION FOUNDATION
Sec. 1301. Short title.
Sec. 1302. Establishment of American Indian Education Foundation.
TITLE XIV--GRATON RANCHERIA RESTORATION
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.
Sec. 1404. Restoration of Federal recognition, rights, and privileges.
Sec. 1405. Transfer of land to be held in trust.
Sec. 1406. Membership rolls.
Sec. 1407. Interim government.
Sec. 1408. Tribal constitution.
TITLE XV--CEMETERY SITES AND HISTORICAL PLACES
Sec. 1501. Findings; definitions.
Sec. 1502. Withdrawal of lands.
Sec. 1503. Application for conveyance of withdrawn lands.
Sec. 1504. Amendments.
Sec. 1505. Procedure for evaluating applications.
Sec. 1506. Applicability.
TITLE I--SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY IRRIGATION WORKS
SEC. 101. FINDINGS.
The Congress finds and declares that--
(1) it is the policy of the United States, in fulfillment of
its trust responsibility to Indian tribes, to promote Indian
self-determination and economic self-sufficiency;
(2) the Salt River Pima-Maricopa Indian Community
(hereinafter referred to as the ``Community'') has operated the
irrigation works within the Community's reservation since
November 1997 and is capable of fully managing the operation of
these irrigation works;
(3) considering that the irrigation works, which are
comprised primarily of canals, ditches, irrigation wells,
storage reservoirs, and sump ponds located exclusively on lands
held in trust for the Community and allottees, have been
operated generally the same for over 100 years, the irrigation
works will continue to be used for the distribution and delivery
of water;
(4) considering that the operational management of the
irrigation works has been carried out by the Community as
indicated in paragraph (2), the conveyance of ownership of such
works to the Community is viewed as an administrative action;
(5) the Community's laws and regulations are in compliance
with section 102(b); and
(6) in light of the foregoing and in order to--
(A) promote Indian self-determination, economic
self-sufficiency, and self-governance;
(B) enable the Community in its development of a
diverse, efficient reservation economy; and
(C) enable the Community to better serve the water
needs of the water users within the Community,
it is appropriate in this instance that the United States convey
to the Community the ownership of the irrigation works.
[[Page 114 STAT. 2871]]
SEC. 102. CONVEYANCE AND OPERATION OF IRRIGATION WORKS.
(a) Conveyance.--The Secretary of the Interior, as soon as is
practicable after the date of the enactment of this Act, and in
accordance with the provisions of this title and all other applicable
law, shall convey to the Community any or all rights and interests of
the United States in and to the irrigation works on the Community's
reservation which were formerly operated by the Bureau of Indian
Affairs. Notwithstanding the provisions of sections 1 and 3 of the Act
of April 4, 1910 (25 U.S.C. 385) and sections 1, 2, and 3 of the Act of
August 7, 1946 (25 U.S.C. 385a, 385b, and 385c) and any implementing
regulations, during the period between the date of the enactment of this
Act and the conveyance of the irrigation works by the United States to
the Community, the Community shall operate the irrigation works under
the provisions set forth in this title and in accordance with the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),
including retaining and expending operations and maintenance collections
for irrigation works purposes. Effective upon the date of conveyance of
the irrigation works, the Community shall have the full ownership of and
operating authority over the irrigation works in accordance with the
provisions of this title.
(b) Fulfillment of Federal Trust Responsibilities.--To assure
compliance with the Federal trust responsibilities of the United States
to Indian tribes, individual Indians and Indians with trust allotments,
including such trust responsibilities contained in Salt River Pima-
Maricopa Indian Community Water Rights Settlement Act of 1988 (Public
Law 100-512), the Community shall operate the irrigation works
consistent with this title and under uniform laws and regulations
adopted by the Community for the management, regulation, and control of
water resources on the reservation so as to assure fairness in the
delivery of water to water users. <<NOTE: Publication.>> Such Community
laws and regulations include currently and shall continue to include
provisions to maintain the following requirements and standards which
shall be published and made available to the Secretary and the Community
at large:
(1) Process.--A process by which members of the Community,
including Indian allottees, shall be provided a system of
distribution, allocation, control, pricing and regulation of
water that will provide a just and equitable distribution of
water so as to achieve the maximum beneficial use and
conservation of water in recognition of the demand on the water
resource, the changing uses of land and water and the varying
annual quantity of available Community water.
(2) Due process.--A due process system for the consideration
and determination of any request by an Indian or Indian allottee
for distribution of water for use on his or her land, including
a process for appeal and adjudication of denied or disputed
distributions and for resolution of contested administrative
decisions.
(c) Subsequent Modification of Laws and Regulations.--
If <<NOTE: Publication.>> the provisions of the Community's laws and
regulations implementing subsection (b) only are to be modified
subsequent to the date of the enactment of this Act by the Community,
such proposed modifications shall be published and made available to the
Secretary at least 120 days prior to their effective date and any
modification that could significantly adversely affect the rights of
allottees shall
[[Page 114 STAT. 2872]]
only become effective upon the concurrence of both the Community and the
Secretary.
(d) Limitations <<NOTE: Effective date.>> of Liability.--Effective
upon the date of the enactment of this Act, the United States shall not
be liable for damages of any kind arising out of any act, omission, or
occurrence based on the Community's ownership or operation of the
irrigation works, except for damages caused by acts of negligence
committed by the United States prior to the date of the enactment of
this Act. Nothing in this section shall be deemed to increase the
liability of the United States beyond that currently provided in the
Federal Tort Claims Act (28 U.S.C. 2671 et seq.).
(e) Cancellation <<NOTE: Effective date.>> of Charges.--Effective
upon the date of conveyance of the irrigation works under this section,
any charges for construction of the irrigation works on the reservation
of the Community that have been deferred pursuant to the Act of July 1,
1932 (25 U.S.C. 386a) are hereby canceled.
(f ) Project <<NOTE: Effective date.>> No Longer a BIA Project.--
Effective upon the date of conveyance of the irrigation works under this
section, the irrigation works shall no longer be considered a Bureau of
Indian Affairs irrigation project and the facilities will not be
eligible for Federal benefits based solely on the fact that the
irrigation works were formerly a Bureau of Indian Affairs irrigation
project. Nothing in this title shall be construed to limit or reduce in
any way the service, contracts, or funds the Community may be eligible
to receive under other applicable Federal law.
SEC. 103. RELATIONSHIP TO OTHER LAWS.
Nothing in this title shall be construed to diminish the trust
responsibility of the United States under applicable law to the Salt
River Pima-Maricopa Indian Community, to individual Indians, or to
Indians with trust allotments within the Community's reservation.
TITLE <<NOTE: Hawaiian Homelands Homeownership Act of 2000.>> II--NATIVE
HAWAIIAN HOUSING ASSISTANCE
SEC. 201. <<NOTE: 25 USC 4101 note.>> SHORT TITLE.
This title may be cited as the ``Hawaiian Homelands Homeownership
Act of 2000''.
SEC. 202. <<NOTE: 25 USC 4221 note.>> FINDINGS.
Congress finds that--
(1) the United States has undertaken a responsibility to
promote the general welfare of the United States by--
(A) employing its resources to remedy the unsafe and
unsanitary housing conditions and the acute shortage of
decent, safe, and sanitary dwellings for families of
lower income; and
(B) developing effective partnerships with
governmental and private entities to accomplish the
objectives referred to in subparagraph (A);
(2) the United States has a special responsibility for the
welfare of the Native peoples of the United States, including
Native Hawaiians;
(3) pursuant to the provisions of the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108 et seq.), the United States
[[Page 114 STAT. 2873]]
set aside 200,000 acres of land in the Federal territory that
later became the State of Hawaii in order to establish a
homeland for the native people of Hawaii--Native Hawaiians;
(4) despite the intent of Congress in 1920 to address the
housing needs of Native Hawaiians through the enactment of the
Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.),
Native Hawaiians eligible to reside on the Hawaiian home lands
have been foreclosed from participating in Federal housing
assistance programs available to all other eligible families in
the United States;
(5) although Federal housing assistance programs have been
administered on a racially neutral basis in the State of Hawaii,
Native Hawaiians continue to have the greatest unmet need for
housing and the highest rates of overcrowding in the United
States;
(6) among the Native American population of the United
States, Native Hawaiians experience the highest percentage of
housing problems in the United States, as the percentage--
(A) of housing problems in the Native Hawaiian
population is 49 percent, as compared to--
(i) 44 percent for American Indian and Alaska
Native households in Indian country; and
(ii) 27 percent for all other households in
the United States; and
(B) overcrowding in the Native Hawaiian population
is 36 percent as compared to 3 percent for all other
households in the United States;
(7) among the Native Hawaiian population, the needs of
Native Hawaiians, as that term is defined in section 801 of the
Native American Housing Assistance and Self-Determination Act of
1996, as added by section 203 of this Act, eligible to reside on
the Hawaiian Home Lands are the most severe, as--
(A) the percentage of overcrowding in Native
Hawaiian households on the Hawaiian Home Lands is 36
percent; and
(B) approximately 13,000 Native Hawaiians, which
constitute 95 percent of the Native Hawaiians who are
eligible to reside on the Hawaiian Home Lands, are in
need of housing;
(8) applying the Department of Housing and Urban Development
guidelines--
(A) 70.8 percent of Native Hawaiians who either
reside or who are eligible to reside on the Hawaiian
Home Lands have incomes that fall below the median
family income; and
(B) 50 percent of Native Hawaiians who either reside
or who are eligible to reside on the Hawaiian Home Lands
have incomes below 30 percent of the median family
income;
(9) one-third of those Native Hawaiians who are eligible to
reside on the Hawaiian Home Lands pay more than 30 percent of
their income for shelter, and one-half of those Native Hawaiians
face overcrowding;
(10) the extraordinarily severe housing needs of Native
Hawaiians demonstrate that Native Hawaiians who either reside
on, or are eligible to reside on, Hawaiian Home Lands
[[Page 114 STAT. 2874]]
have been denied equal access to Federal low-income housing
assistance programs available to other qualified residents of
the United States, and that a more effective means of addressing
their housing needs must be authorized;
(11) consistent with the recommendations of the National
Commission on American Indian, Alaska Native, and Native
Hawaiian Housing, and in order to address the continuing
prevalence of extraordinarily severe housing needs among Native
Hawaiians who either reside or are eligible to reside on the
Hawaiian Home Lands, Congress finds it necessary to extend the
Federal low-income housing assistance available to American
Indians and Alaska Natives under the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et
seq.) to those Native Hawaiians;
(12) under the treatymaking power of the United States,
Congress had the constitutional authority to confirm a treaty
between the United States and the government that represented
the Hawaiian people, and from 1826 until 1893, the United States
recognized the independence of the Kingdom of Hawaii, extended
full diplomatic recognition to the Hawaiian Government, and
entered into treaties and conventions with the Hawaiian monarchs
to govern commerce and navigation in 1826, 1842, 1849, 1875, and
1887;
(13) the United States has recognized and reaffirmed that--
(A) Native Hawaiians have a cultural, historic, and
land-based link to the indigenous people who exercised
sovereignty over the Hawaiian Islands, and that group
has never relinquished its claims to sovereignty or its
sovereign lands;
(B) Congress does not extend services to Native
Hawaiians because of their race, but because of their
unique status as the indigenous people of a once
sovereign nation as to whom the United States has
established a trust relationship;
(C) Congress has also delegated broad authority to
administer a portion of the Federal trust responsibility
to the State of Hawaii;
(D) the political status of Native Hawaiians is
comparable to that of American Indians; and
(E) the aboriginal, indigenous people of the United
States have--
(i) a continuing right to autonomy in their
internal affairs; and
(ii) an ongoing right of self-determination
and self-governance that has never been
extinguished;
(14) the political relationship between the United States
and the Native Hawaiian people has been recognized and
reaffirmed by the United States as evidenced by the inclusion of
Native Hawaiians in--
(A) the Native American Programs Act of 1974 (42
U.S.C. 2291 et seq.);
(B) the American Indian Religious Freedom Act (42
U.S.C. 1996 et seq.);
(C) the National Museum of the American Indian Act
(20 U.S.C. 80q et seq.);
(D) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.);
[[Page 114 STAT. 2875]]
(E) the National Historic Preservation Act (16
U.S.C. 470 et seq.);
(F) the Native American Languages Act of 1992 (106
Stat. 3434);
(G) the American Indian, Alaska Native and Native
Hawaiian Culture and Arts Development Act (20 U.S.C.
4401 et seq.);
(H) the Job Training Partnership Act (29 U.S.C. 1501
et seq.); and
(I) the Older Americans Act of 1965 (42 U.S.C. 3001
et seq.); and
(15) in the area of housing, the United States has
recognized and reaffirmed the political relationship with the
Native Hawaiian people through--
(A) the enactment of the Hawaiian Homes Commission
Act, 1920 (42 Stat. 108 et seq.), which set aside
approximately 200,000 acres of public lands that became
known as Hawaiian Home Lands in the Territory of Hawaii
that had been ceded to the United States for
homesteading by Native Hawaiians in order to
rehabilitate a landless and dying people;
(B) the enactment of the Act entitled ``An Act to
provide for the admission of the State of Hawaii into
the Union'', approved March 18, 1959 (73 Stat. 4)--
(i) by ceding to the State of Hawaii title to
the public lands formerly held by the United
States, and mandating that those lands be held in
public trust, for the betterment of the conditions
of Native Hawaiians, as that term is defined in
section 201 of the Hawaiian Homes Commission Act,
1920 (42 Stat. 108 et seq.); and
(ii) by transferring the United States
responsibility for the administration of Hawaiian
Home Lands to the State of Hawaii, but retaining
the authority to enforce the trust, including the
exclusive right of the United States to consent to
any actions affecting the lands which comprise the
corpus of the trust and any amendments to the
Hawaiian Homes Commission Act, 1920 (42 Stat. 108
et seq.), enacted by the legislature of the State
of Hawaii affecting the rights of beneficiaries
under the Act;
(C) the authorization of mortgage loans insured by
the Federal Housing Administration for the purchase,
construction, or refinancing of homes on Hawaiian Home
Lands under the Act of June 27, 1934 (commonly referred
to as the ``National Housing Act'' (42 Stat. 1246 et
seq., chapter 847; 12 U.S.C. 1701 et seq.));
(D) authorizing Native Hawaiian representation on
the National Commission on American Indian, Alaska
Native, and Native Hawaiian Housing under Public Law
101-235;
(E) the inclusion of Native Hawaiians in the
definition under section 3764 of title 38, United States
Code, applicable to subchapter V of chapter 37 of title
38, United States Code (relating to a housing loan
program for Native American veterans); and
(F) the enactment of the Hawaiian Home Lands
Recovery Act (109 Stat. 357; 48 U.S.C. 491, note prec.)
[[Page 114 STAT. 2876]]
which establishes a process for the conveyance of
Federal lands to the Department of Hawaiian Homes Lands
that are equivalent in value to lands acquired by the
United States from the Hawaiian Home Lands inventory.
SEC. 203. HOUSING ASSISTANCE.
The Native American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 et seq.) is amended by adding at the end the
following:
``TITLE VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
``SEC. 801. <<NOTE: 25 USC 4221.>> DEFINITIONS.
``In this title:
``(1) Department of hawaiian home lands; department.--The
term `Department of Hawaiian Home Lands' or `Department' means
the agency or department of the government of the State of
Hawaii that is responsible for the administration of the
Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.).
``(2) Director.--The term `Director' means the Director of
the Department of Hawaiian Home Lands.
``(3) Elderly families; near-elderly families.--
``(A) In general.--The term `elderly family' or
`near-elderly family' means a family whose head (or his
or her spouse), or whose sole member, is--
``(i) for an elderly family, an elderly
person; or
``(ii) for a near-elderly family, a near-
elderly person.
``(B) Certain families included.--The term `elderly
family' or `near-elderly family' includes--
``(i) two or more elderly persons or near-
elderly persons, as the case may be, living
together; and
``(ii) one or more persons described in clause
(i) living with one or more persons determined
under the housing plan to be essential to their
care or well-being.
``(4) Hawaiian home lands.--The term `Hawaiian Home Lands'
means lands that--
``(A) have the status as Hawaiian home lands under
section 204 of the Hawaiian Homes Commission Act (42
Stat. 110); or
``(B) are acquired pursuant to that Act.
``(5) Housing area.--The term `housing area' means an area
of Hawaiian Home Lands with respect to which the Department of
Hawaiian Home Lands is authorized to provide assistance for
affordable housing under this Act.
``(6) Housing entity.--The term `housing entity' means the
Department of Hawaiian Home Lands.
``(7) Housing plan.--The term `housing plan' means a plan
developed by the Department of Hawaiian Home Lands.
``(8) Median income.--The term `median income' means, with
respect to an area that is a Hawaiian housing area, the greater
of--
[[Page 114 STAT. 2877]]
``(A) the median income for the Hawaiian housing
area, which shall be determined by the Secretary; or
``(B) the median income for the State of Hawaii.
``(9) Native hawaiian.--The term `Native Hawaiian' means any
individual who is--
``(A) a citizen of the United States; and
``(B) a descendant of the aboriginal people, who,
prior to 1778, occupied and exercised sovereignty in the
area that currently constitutes the State of Hawaii, as
evidenced by--
``(i) genealogical records;
``(ii) verification by kupuna (elders) or
kama'aina (long-term community residents); or
``(iii) birth records of the State of Hawaii.
``SEC. 802. <<NOTE: 25 USC 4222.>> BLOCK GRANTS FOR AFFORDABLE HOUSING
ACTIVITIES.
``(a) Grant Authority.--For each fiscal year, the Secretary shall
(to the extent amounts are made available to carry out this title) make
a grant under this title to the Department of Hawaiian Home Lands to
carry out affordable housing activities for Native Hawaiian families who
are eligible to reside on the Hawaiian Home Lands.
``(b) Plan Requirement.--
``(1) In general.--The Secretary may make a grant under this
title to the Department of Hawaiian Home Lands for a fiscal year
only if--
``(A) the Director has submitted to the Secretary a
housing plan for that fiscal year; and
``(B) the Secretary has determined under section 804
that the housing plan complies with the requirements of
section 803.
``(2) Waiver.--The Secretary may waive the applicability of
the requirements under paragraph (1), in part, if the Secretary
finds that the Department of Hawaiian Home Lands has not
complied or cannot comply with those requirements due to
circumstances beyond the control of the Department of Hawaiian
Home Lands.
``(c) Use of Affordable Housing Activities Under Plan.--Except as
provided in subsection (e), amounts provided under a grant under this
section may be used only for affordable housing activities under this
title that are consistent with a housing plan approved under section
804.
``(d) Administrative Expenses.--
``(1) In general.--The Secretary shall, by regulation,
authorize the Department of Hawaiian Home Lands to use a
percentage of any grant amounts received under this title for
any reasonable administrative and planning expenses of the
Department relating to carrying out this title and activities
assisted with those amounts.
``(2) Administrative and planning expenses.--The
administrative and planning expenses referred to in paragraph
(1) include--
``(A) costs for salaries of individuals engaged in
administering and managing affordable housing activities
assisted with grant amounts provided under this title;
and
``(B) expenses incurred in preparing a housing plan
under section 803.
[[Page 114 STAT. 2878]]
``(e) Public-Private Partnerships.--The Director shall make all
reasonable efforts, consistent with the purposes of this title, to
maximize participation by the private sector, including nonprofit
organizations and for-profit entities, in implementing a housing plan
that has been approved by the Secretary under section 803.
``SEC. 803. <<NOTE: 25 USC 4223.>> HOUSING PLAN.
``(a) Plan Submission.--The Secretary shall--
``(1) require the Director to submit a housing plan under
this section for each fiscal year; and
``(2) provide for the review of each plan submitted under
paragraph (1).
``(b) 5-Year Plan.--Each housing plan under this section shall--
``(1) be in a form prescribed by the Secretary; and
``(2) contain, with respect to the 5-year period beginning
with the fiscal year for which the plan is submitted, the
following information:
``(A) Mission statement.--A general statement of the
mission of the Department of Hawaiian Home Lands to
serve the needs of the low-income families to be served
by the Department.
``(B) Goals and objectives.--A statement of the
goals and objectives of the Department of Hawaiian Home
Lands to enable the Department to serve the needs
identified in subparagraph (A) during the period.
``(C) Activities plans.--An overview of the
activities planned during the period including an
analysis of the manner in which the activities will
enable the Department to meet its mission, goals, and
objectives.
``(c) 1-Year Plan.--A housing plan under this section shall--
``(1) be in a form prescribed by the Secretary; and
``(2) contain the following information relating to the
fiscal year for which the assistance under this title is to be
made available:
``(A) Goals and objectives.--A statement of the
goals and objectives to be accomplished during the
period covered by the plan.
``(B) Statement of needs.--A statement of the
housing needs of the low-income families served by the
Department and the means by which those needs will be
addressed during the period covered by the plan,
including--
``(i) a description of the estimated housing
needs and the need for assistance for the low-
income families to be served by the Department,
including a description of the manner in which the
geographical distribution of assistance is
consistent with--
``(I) the geographical needs of
those families; and
``(II) needs for various categories
of housing assistance; and
``(ii) a description of the estimated housing
needs for all families to be served by the
Department.
``(C) Financial resources.--An operating budget for
the Department of Hawaiian Home Lands, in a form
prescribed by the Secretary, that includes--
[[Page 114 STAT. 2879]]
``(i) an identification and a description of
the financial resources reasonably available to
the Department to carry out the purposes of this
title, including an explanation of the manner in
which amounts made available will be used to
leverage additional resources; and
``(ii) the uses to which the resources
described in clause (i) will be committed,
including--
``(I) eligible and required
affordable housing activities; and
``(II) administrative expenses.
``(D) Affordable housing resources.--A statement of
the affordable housing resources currently available at
the time of the submittal of the plan and to be made
available during the period covered by the plan,
including--
``(i) a description of the significant
characteristics of the housing market in the State
of Hawaii, including the availability of housing
from other public sources, private market housing;
``(ii) the manner in which the characteristics
referred to in clause (i) influence the decision
of the Department of Hawaiian Home Lands to use
grant amounts to be provided under this title
for--
``(I) rental assistance;
``(II) the production of new units;
``(III) the acquisition of existing
units; or
``(IV) the rehabilitation of units;
``(iii) a description of the structure,
coordination, and means of cooperation between the
Department of Hawaiian Home Lands and any other
governmental entities in the development,
submission, or implementation of housing plans,
including a description of--
``(I) the involvement of private,
public, and nonprofit organizations and
institutions;
``(II) the use of loan guarantees
under section 184A of the Housing and
Community Development Act of 1992; and
``(III) other housing assistance
provided by the United States, including
loans, grants, and mortgage insurance;
``(iv) a description of the manner in which
the plan will address the needs identified
pursuant to subparagraph (C);
``(v) a description of--
``(I) any existing or anticipated
homeownership programs and rental
programs to be carried out during the
period covered by the plan; and
``(II) the requirements and
assistance available under the programs
referred to in subclause (I);
``(vi) a description of--
``(I) any existing or anticipated
housing rehabilitation programs
necessary to ensure the long-term
viability of the housing to be carried
out during the period covered by the
plan; and
``(II) the requirements and
assistance available under the programs
referred to in subclause (I);
[[Page 114 STAT. 2880]]
``(vii) a description of--
``(I) all other existing or
anticipated housing assistance provided
by the Department of Hawaiian Home Lands
during the period covered by the plan,
including--
``(aa) transitional housing;
``(bb) homeless housing;
``(cc) college housing; and
``(dd) supportive services
housing; and
``(II) the requirements and
assistance available under such
programs;
``(viii)(I) a description of any housing to be
demolished or disposed of;
``(II) a timetable for that demolition or
disposition; and
``(III) any other information required by the
Secretary with respect to that demolition or
disposition;
``(ix) a description of the manner in which
the Department of Hawaiian Home Lands will
coordinate with welfare agencies in the State of
Hawaii to ensure that residents of the affordable
housing will be provided with access to resources
to assist in obtaining employment and achieving
self-sufficiency;
``(x) a description of the requirements
established by the Department of Hawaiian Home
Lands to--
``(I) promote the safety of
residents of the affordable housing;
``(II) facilitate the undertaking of
crime prevention measures;
``(III) allow resident input and
involvement, including the establishment
of resident organizations; and
``(IV) allow for the coordination of
crime prevention activities between the
Department and local law enforcement
officials; and
``(xi) a description of the entities that will
carry out the activities under the plan, including
the organizational capacity and key personnel of
the entities.
``(E) Certification of compliance.--Evidence of
compliance that shall include, as appropriate--
``(i) a certification that the Department of
Hawaiian Home Lands will comply with--
``(I) title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d et seq.) or
with title VIII of the Act popularly
known as the `Civil Rights Act of 1968'
(42 U.S.C. 3601 et seq.) in carrying out
this title, to the extent that such
title is applicable; and
``(II) other applicable Federal
statutes;
``(ii) a certification that the Department
will require adequate insurance coverage for
housing units that are owned and operated or
assisted with grant amounts provided under this
title, in compliance with such requirements as may
be established by the Secretary;
[[Page 114 STAT. 2881]]
``(iii) a certification that policies are in
effect and are available for review by the
Secretary and the public governing the
eligibility, admission, and occupancy of families
for housing assisted with grant amounts provided
under this title;
``(iv) a certification that policies are in
effect and are available for review by the
Secretary and the public governing rents charged,
including the methods by which such rents or
homebuyer payments are determined, for housing
assisted with grant amounts provided under this
title; and
``(v) a certification that policies are in
effect and are available for review by the
Secretary and the public governing the management
and maintenance of housing assisted with grant
amounts provided under this title.
``(d) Applicability of Civil Rights Statutes.--
``(1) In general.--To the extent that the requirements of
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.) or of title VIII of the Act popularly known as the `Civil
Rights Act of 1968' (42 U.S.C. 3601 et seq.) apply to assistance
provided under this title, nothing in the requirements
concerning discrimination on the basis of race shall be
construed to prevent the provision of assistance under this
title--
``(A) to the Department of Hawaiian Home Lands on
the basis that the Department served Native Hawaiians;
or
``(B) to an eligible family on the basis that the
family is a Native Hawaiian family.
``(2) Civil rights.--Program eligibility under this title
may be restricted to Native Hawaiians. Subject to the preceding
sentence, no person may be discriminated against on the basis of
race, color, national origin, religion, sex, familial status, or
disability.
``(e) Use of Nonprofit Organizations.--As a condition of receiving
grant amounts under this title, the Department of Hawaiian Home Lands
shall, to the extent practicable, provide for private nonprofit
organizations experienced in the planning and development of affordable
housing for Native Hawaiians to carry out affordable housing activities
with those grant amounts.
``SEC. 804. <<NOTE: 25 USC 4224.>> REVIEW OF PLANS.
``(a) Review and Notice.--
``(1) Review.--
``(A) In <<NOTE: Deadline.>> general.--The Secretary
shall conduct a review of a housing plan submitted to
the Secretary under section 803 to ensure that the plan
complies with the requirements of that section.
``(B) Limitation.--The Secretary shall have the
discretion to review a plan referred to in subparagraph
(A) only to the extent that the Secretary considers that
the review is necessary.
``(2) Notice.--
``(A) In general.--Not later than 60 days after
receiving a plan under section 803, the Secretary shall
notify the Director of the Department of Hawaiian Home
[[Page 114 STAT. 2882]]
Lands whether the plan complies with the requirements
under that section.
``(B) Effect of failure of secretary to take
action.--For purposes of this title, if the Secretary
does not notify the Director, as required under this
subsection and subsection (b), upon the expiration of
the 60-day period described in subparagraph (A)--
``(i) the plan shall be considered to have
been determined to comply with the requirements
under section 803; and
``(ii) the Director shall be considered to
have been notified of compliance.
``(b) Notice of Reasons for Determination of Noncompliance.--If the
Secretary determines that a plan submitted under section 803 does not
comply with the requirements of that section, the Secretary shall
specify in the notice under subsection (a)--
``(1) the reasons for noncompliance; and
``(2) any modifications necessary for the plan to meet the
requirements of section 803.
``(c) Review.--
``(1) In general.--After the Director submits a housing plan
under section 803, or any amendment or modification to the plan
to the Secretary, to the extent that the Secretary considers
such action to be necessary to make a determination under this
subsection, the Secretary shall review the plan (including any
amendments or modifications thereto) to determine whether the
contents of the plan--
``(A) set forth the information required by section
803 to be contained in the housing plan;
``(B) are consistent with information and data
available to the Secretary; and
``(C) are not prohibited by or inconsistent with any
provision of this Act or any other applicable law.
``(2) Incomplete plans.--If the Secretary determines under
this subsection that any of the appropriate certifications
required under section 803(c)(2)(E) are not included in a plan,
the plan shall be considered to be incomplete.
``(d) Updates to Plan.--
``(1) In general.--Subject to paragraph (2), after a plan
under section 803 has been submitted for a fiscal year, the
Director of the Department of Hawaiian Home Lands may comply
with the provisions of that section for any succeeding fiscal
year (with respect to information included for the 5-year period
under section 803(b) or for the 1-year period under section
803(c)) by submitting only such information regarding such
changes as may be necessary to update the plan previously
submitted.
``(2) Complete <<NOTE: Deadline.>> plans.--The Director
shall submit a complete plan under section 803 not later than 4
years after submitting an initial plan under that section, and
not less frequently than every 4 years thereafter.
``(e) Effective Date.--This section and section 803 shall take
effect on the date provided by the Secretary pursuant to section 807(a)
to provide for timely submission and review of the housing plan as
necessary for the provision of assistance under this title for fiscal
year 2000.
[[Page 114 STAT. 2883]]
``SEC. 805. <<NOTE: 25 USC 4225.>> TREATMENT OF PROGRAM INCOME AND LABOR
STANDARDS.
``(a) Program Income.--
``(1) Authority to retain.--The Department of Hawaiian Home
Lands may retain any program income that is realized from any
grant amounts received by the Department under this title if--
``(A) that income was realized after the initial
disbursement of the grant amounts received by the
Department; and
``(B) the Director agrees to use the program income
for affordable housing activities in accordance with the
provisions of this title.
``(2) Prohibition of reduction of grant.--The Secretary may
not reduce the grant amount for the Department of Hawaiian Home
Lands based solely on--
``(A) whether the Department retains program income
under paragraph (1); or
``(B) the amount of any such program income
retained.
``(3) Exclusion of amounts.--The Secretary may, by
regulation, exclude from consideration as program income any
amounts determined to be so small that compliance with the
requirements of this subsection would create an unreasonable
administrative burden on the Department.
``(b) Labor Standards.--
``(1) In <<NOTE: Contracts.>> general.--Any contract or
agreement for assistance, sale, or lease pursuant to this title
shall contain--
``(A) a provision requiring that an amount not less
than the wages prevailing in the locality, as determined
or adopted (subsequent to a determination under
applicable State or local law) by the Secretary, shall
be paid to all architects, technical engineers,
draftsmen, technicians employed in the development and
all maintenance, and laborers and mechanics employed in
the operation, of the affordable housing project
involved; and
``(B) a provision that an amount not less than the
wages prevailing in the locality, as predetermined by
the Secretary of Labor pursuant to the Act commonly
known as the `Davis-Bacon Act' (46 Stat. 1494, chapter
411; 40 U.S.C. 276a et seq.) shall be paid to all
laborers and mechanics employed in the development of
the affordable housing involved.
``(2) Exceptions.--Paragraph (1) and provisions relating to
wages required under paragraph (1) in any contract or agreement
for assistance, sale, or lease under this title, shall not apply
to any individual who performs the services for which the
individual volunteered and who is not otherwise employed at any
time in the construction work and received no compensation or is
paid expenses, reasonable benefits, or a nominal fee for those
services.
``SEC. 806. <<NOTE: 25 USC 4226.>> ENVIRONMENTAL REVIEW.
``(a) In General.--
``(1) Release of funds.--
``(A) In general.--The Secretary may carry out the
alternative environmental protection procedures
described in subparagraph (B) in order to ensure--
[[Page 114 STAT. 2884]]
``(i) that the policies of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) and other provisions of law that further
the purposes of such Act (as specified in
regulations issued by the Secretary) are most
effectively implemented in connection with the
expenditure of grant amounts provided under this
title; and
``(ii) to the public undiminished protection
of the environment.
``(B) Alternative environmental protection
procedure.--In lieu of applying environmental protection
procedures otherwise applicable, the Secretary may by
regulation provide for the release of funds for specific
projects to the Department of Hawaiian Home Lands if the
Director assumes all of the responsibilities for
environmental review, decisionmaking, and action under
the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), and such other provisions of law as the
regulations of the Secretary specify, that would apply
to the Secretary were the Secretary to undertake those
projects as Federal projects.
``(2) Regulations.--
``(A) In general.--The Secretary shall issue
regulations to carry out this section only after
consultation with the Council on Environmental Quality.
``(B) Contents.--The regulations issued under this
paragraph shall--
``(i) provide for the monitoring of the
environmental reviews performed under this
section;
``(ii) in the discretion of the Secretary,
facilitate training for the performance of such
reviews; and
``(iii) provide for the suspension or
termination of the assumption of responsibilities
under this section.
``(3) Effect on assumed responsibility.--The duty of the
Secretary under paragraph (2)(B) shall not be construed to limit
or reduce any responsibility assumed by the Department of
Hawaiian Home Lands for grant amounts with respect to any
specific release of funds.
``(b) Procedure.--
``(1) In <<NOTE: Deadline. Certification.>> general.--The
Secretary shall authorize the release of funds subject to the
procedures under this section only if, not less than 15 days
before that approval and before any commitment of funds to such
projects, the Director of the Department of Hawaiian Home Lands
submits to the Secretary a request for such release accompanied
by a certification that meets the requirements of subsection
(c).
``(2) Effect of approval.--The approval of the Secretary of
a certification described in paragraph (1) shall be deemed to
satisfy the responsibilities of the Secretary under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
such other provisions of law as the regulations of the Secretary
specify to the extent that those responsibilities relate to the
releases of funds for projects that are covered by that
certification.
``(c) Certification.--A certification under the procedures under
this section shall--
``(1) be in a form acceptable to the Secretary;
[[Page 114 STAT. 2885]]
``(2) be executed by the Director;
``(3) specify that the Department of Hawaiian Home Lands has
fully carried out its responsibilities as described under
subsection (a); and
``(4) specify that the Director--
``(A) consents to assume the status of a responsible
Federal official under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and each provision
of law specified in regulations issued by the Secretary
to the extent that those laws apply by reason of
subsection (a); and
``(B) is authorized and consents on behalf of the
Department of Hawaiian Home Lands and the Director to
accept the jurisdiction of the Federal courts for the
purpose of enforcement of the responsibilities of the
Director.
``SEC. 807. <<NOTE: 25 USC 4227.>> REGULATIONS.
``The <<NOTE: Deadline.>> Secretary shall issue final regulations
necessary to carry out this title not later than October 1, 2000.
``SEC. 808. <<NOTE: 25 USC 4221 note.>> EFFECTIVE DATE.
``Except as otherwise expressly provided in this title, this title
shall take effect on the date of the enactment of the Native American
Housing Assistance and Self-Determination Amendments of 2000.
``SEC. 809. <<NOTE: 25 USC 4228.>> AFFORDABLE HOUSING ACTIVITIES.
``(a) National Objectives and Eligible Families.--
``(1) Primary objective.--The national objectives of this
title are--
``(A) to assist and promote affordable housing
activities to develop, maintain, and operate affordable
housing in safe and healthy environments for occupancy
by low-income Native Hawaiian families;
``(B) to ensure better access to private mortgage
markets and to promote self-sufficiency of low-income
Native Hawaiian families;
``(C) to coordinate activities to provide housing
for low-income Native Hawaiian families with Federal,
State, and local activities to further economic and
community development;
``(D) to plan for and integrate infrastructure
resources on the Hawaiian Home Lands with housing
development; and
``(E) to--
``(i) promote the development of private
capital markets; and
``(ii) allow the markets referred to in clause
(i) to operate and grow, thereby benefiting Native
Hawaiian communities.
``(2) Eligible families.--
``(A) In general.--Except as provided under
subparagraph (B), assistance for eligible housing
activities under this title shall be limited to low-
income Native Hawaiian families.
``(B) Exception to low-income requirement.--
``(i) In general.--The Director may provide
assistance for homeownership activities under--
[[Page 114 STAT. 2886]]
``(I) section 810(b);
``(II) model activities under
section 810(f ); or
``(III) loan guarantee activities
under section 184A of the Housing and
Community Development Act of 1992 to
Native Hawaiian families who are not
low-income families, to the extent that
the Secretary approves the activities
under that section to address a need for
housing for those families that cannot
be reasonably met without that
assistance.
``(ii) Limitations.--The Secretary shall
establish limitations on the amount of assistance
that may be provided under this title for
activities for families that are not low-income
families.
``(C) Other families.--Notwithstanding paragraph
(1), the Director may provide housing or housing
assistance provided through affordable housing
activities assisted with grant amounts under this title
to a family that is not composed of Native Hawaiians
if--
``(i) the Department determines that the
presence of the family in the housing involved is
essential to the well-being of Native Hawaiian
families; and
``(ii) the need for housing for the family
cannot be reasonably met without the assistance.
``(D) Preference.--
``(i) In general.--A housing plan submitted
under section 803 may authorize a preference, for
housing or housing assistance provided through
affordable housing activities assisted with grant
amounts provided under this title to be provided,
to the extent practicable, to families that are
eligible to reside on the Hawaiian Home Lands.
``(ii) Application.--In any case in which a
housing plan provides for preference described in
clause (i), the Director shall ensure that housing
activities that are assisted with grant amounts
under this title are subject to that preference.
``(E) Use of nonprofit organizations.--As a
condition of receiving grant amounts under this title,
the Department of Hawaiian Home Lands, shall to the
extent practicable, provide for private nonprofit
organizations experienced in the planning and
development of affordable housing for Native Hawaiians
to carry out affordable housing activities with those
grant amounts.
``SEC. 810. <<NOTE: 25 USC 4229.>> ELIGIBLE AFFORDABLE HOUSING
ACTIVITIES.
``(a) In General.--Affordable housing activities under this section
are activities conducted in accordance with the requirements of section
811 to--
``(1) develop or to support affordable housing for rental or
homeownership; or
``(2) provide housing services with respect to affordable
housing, through the activities described in subsection (b).
``(b) Activities.--The activities described in this subsection are
the following:
[[Page 114 STAT. 2887]]
``(1) Development.--The acquisition, new construction,
reconstruction, or moderate or substantial rehabilitation of
affordable housing, which may include--
``(A) real property acquisition;
``(B) site improvement;
``(C) the development of utilities and utility
services;
``(D) conversion;
``(E) demolition;
``(F) financing;
``(G) administration and planning; and
``(H) other related activities.
``(2) Housing services.--The provision of housing-related
services for affordable housing, including--
``(A) housing counseling in connection with rental
or homeownership assistance;
``(B) the establishment and support of resident
organizations and resident management corporations;
``(C) energy auditing;
``(D) activities related to the provisions of self-
sufficiency and other services; and
``(E) other services related to assisting owners,
tenants, contractors, and other entities participating
or seeking to participate in other housing activities
assisted pursuant to this section.
``(3) Housing management services.--The provision of
management services for affordable housing, including--
``(A) the preparation of work specifications;
``(B) loan processing;
``(C) inspections;
``(D) tenant selection;
``(E) management of tenant-based rental assistance;
and
``(F) management of affordable housing projects.
``(4) Crime prevention and safety activities.--The provision
of safety, security, and law enforcement measures and activities
appropriate to protect residents of affordable housing from
crime.
``(5) Model activities.--Housing activities under model
programs that are--
``(A) designed to carry out the purposes of this
title; and
``(B) specifically approved by the Secretary as
appropriate for the purpose referred to in subparagraph
(A).
``SEC. 811. <<NOTE: 25 USC 4230.>> PROGRAM REQUIREMENTS.
``(a) Rents.--
``(1) Establishment.--Subject to paragraph (2), as a
condition to receiving grant amounts under this title, the
Director shall develop written policies governing rents and
homebuyer payments charged for dwelling units assisted under
this title, including methods by which such rents and homebuyer
payments are determined.
``(2) Maximum rent.--In the case of any low-income family
residing in a dwelling unit assisted with grant amounts under
this title, the monthly rent or homebuyer payment (as
applicable) for that dwelling unit may not exceed 30 percent of
the monthly adjusted income of that family.
[[Page 114 STAT. 2888]]
``(b) Maintenance and Efficient Operation.--
``(1) In general.--The Director shall, using amounts of any
grants received under this title, reserve and use for operating
under section 810 such amounts as may be necessary to provide
for the continued maintenance and efficient operation of such
housing.
``(2) Disposal of certain housing.--This subsection may not
be construed to prevent the Director, or any entity funded by
the Department, from demolishing or disposing of housing,
pursuant to regulations established by the Secretary.
``(c) Insurance Coverage.--As a condition to receiving grant amounts
under this title, the Director shall require adequate insurance coverage
for housing units that are owned or operated or assisted with grant
amounts provided under this title.
``(d) Eligibility for Admission.--As a condition to receiving grant
amounts under this title, the Director shall develop written policies
governing the eligibility, admission, and occupancy of families for
housing assisted with grant amounts provided under this title.
``(e) Management and Maintenance.--As a condition to receiving grant
amounts under this title, the Director shall develop policies governing
the management and maintenance of housing assisted with grant amounts
under this title.
``SEC. 812. <<NOTE: 25 USC 4231.>> TYPES OF INVESTMENTS.
``(a) In General.--Subject to section 811 and an applicable housing
plan approved under section 803, the Director shall have--
``(1) the discretion to use grant amounts for affordable
housing activities through the use of--
``(A) equity investments;
``(B) interest-bearing loans or advances;
``(C) noninterest-bearing loans or advances;
``(D) interest subsidies;
``(E) the leveraging of private investments; or
``(F) any other form of assistance that the
Secretary determines to be consistent with the purposes
of this title; and
``(2) the right to establish the terms of assistance
provided with funds referred to in paragraph (1).
``(b) Investments.--The Director may invest grant amounts for the
purposes of carrying out affordable housing activities in investment
securities and other obligations, as approved by the Secretary.
``SEC. 813. <<NOTE: 25 USC 4232.>> LOW-INCOME REQUIREMENT AND INCOME
TARGETING.
``(a) In General.--Housing shall qualify for affordable housing for
purposes of this title only if--
``(1) each dwelling unit in the housing--
``(A) in the case of rental housing, is made
available for occupancy only by a family that is a low-
income family at the time of the initial occupancy of
that family of that unit; and
``(B) in the case of housing for homeownership, is
made available for purchase only by a family that is a
low-income family at the time of purchase; and
``(2) each dwelling unit in the housing will remain
affordable, according to binding commitments satisfactory to the
Secretary, for--
[[Page 114 STAT. 2889]]
``(A) the remaining useful life of the property (as
determined by the Secretary) without regard to the term
of the mortgage or to transfer of ownership; or
``(B) such other period as the Secretary determines
is the longest feasible period of time consistent with
sound economics and the purposes of this title, except
upon a foreclosure by a lender (or upon other transfer
in lieu of foreclosure) if that action--
``(i) recognizes any contractual or legal
rights of any public agency, nonprofit sponsor, or
other person or entity to take an action that
would--
``(I) avoid termination of low-
income affordability, in the case of
foreclosure; or
``(II) transfer ownership in lieu of
foreclosure; and
``(ii) is not for the purpose of avoiding low-
income affordability restrictions, as determined
by the Secretary.
``(b) Exception.--Notwithstanding subsection (a), housing assistance
pursuant to section 809(a)(2)(B) shall be considered affordable housing
for purposes of this title.
``SEC. 814. <<NOTE: 25 USC 4233.>> LEASE REQUIREMENTS AND TENANT
SELECTION.
``(a) Leases.--Except to the extent otherwise provided by or
inconsistent with the laws of the State of Hawaii, in renting dwelling
units in affordable housing assisted with grant amounts provided under
this title, the Director, owner, or manager shall use leases that--
``(1) do not contain unreasonable terms and conditions;
``(2) require the Director, owner, or manager to maintain
the housing in compliance with applicable housing codes and
quality standards;
``(3) require the Director, owner, or manager to give
adequate written notice of termination of the lease, which shall
be the period of time required under applicable State or local
law;
``(4) specify that, with respect to any notice of eviction
or termination, notwithstanding any State or local law, a
resident shall be informed of the opportunity, before any
hearing or trial, to examine any relevant documents, record, or
regulations directly related to the eviction or termination;
``(5) require that the Director, owner, or manager may not
terminate the tenancy, during the term of the lease, except for
serious or repeated violation of the terms and conditions of the
lease, violation of applicable Federal, State, or local law, or
for other good cause; and
``(6) provide that the Director, owner, or manager may
terminate the tenancy of a resident for any activity, engaged in
by the resident, any member of the household of the resident, or
any guest or other person under the control of the resident,
that--
``(A) threatens the health or safety of, or right to
peaceful enjoyment of the premises by, other residents
or employees of the Department, owner, or manager;
``(B) threatens the health or safety of, or right to
peaceful enjoyment of their premises by, persons
residing in the immediate vicinity of the premises; or
[[Page 114 STAT. 2890]]
``(C) is criminal activity (including drug-related
criminal activity) on or off the premises.
``(b) Tenant or Homebuyer Selection.--As a condition to receiving
grant amounts under this title, the Director shall adopt and use written
tenant and homebuyer selection policies and criteria that--
``(1) are consistent with the purpose of providing housing
for low-income families;
``(2) are reasonably related to program eligibility and the
ability of the applicant to perform the obligations of the
lease; and
``(3) provide for--
``(A) the selection of tenants and homebuyers from a
written waiting list in accordance with the policies and
goals set forth in an applicable housing plan approved
under section 803; and
``(B) the prompt notification in writing of any
rejected applicant of the grounds for that rejection.
``SEC. 815. <<NOTE: 25 USC 4234.>> REPAYMENT.
``If the Department of Hawaiian Home Lands uses grant amounts to
provide affordable housing under activities under this title and, at any
time during the useful life of the housing, the housing does not comply
with the requirement under section 813(a)(2), the Secretary shall--
``(1) reduce future grant payments on behalf of the
Department by an amount equal to the grant amounts used for that
housing (under the authority of section 819(a)(2)); or
``(2) require repayment to the Secretary of any amount equal
to those grant amounts.
``SEC. 816. <<NOTE: 25 USC 4235.>> ANNUAL ALLOCATION.
``For each fiscal year, the Secretary shall allocate any amounts
made available for assistance under this title for the fiscal year, in
accordance with the formula established pursuant to section 817 to the
Department of Hawaiian Home Lands if the Department complies with the
requirements under this title for a grant under this title.
``SEC. 817. <<NOTE: 25 USC 4236.>> ALLOCATION FORMULA.
``(a) Establishment.--The <<NOTE: Regulations.>> Secretary shall, by
regulation issued not later than the expiration of the 6-month period
beginning on the date of the enactment of the Hawaiian Homelands
Homeownership Act of 2000, in the manner provided under section 807,
establish a formula to provide for the allocation of amounts available
for a fiscal year for block grants under this title in accordance with
the requirements of this section.
``(b) Factors for Determination of Need.--The formula under
subsection (a) shall be based on factors that reflect the needs for
assistance for affordable housing activities, including--
``(1) the number of low-income dwelling units owned or
operated at the time pursuant to a contract between the Director
and the Secretary;
``(2) the extent of poverty and economic distress and the
number of Native Hawaiian families eligible to reside on the
Hawaiian Home Lands; and
``(3) any other objectively measurable conditions that the
Secretary and the Director may specify.
[[Page 114 STAT. 2891]]
``(c) Other Factors for Consideration.--In establishing the formula
under subsection (a), the Secretary shall consider the relative
administrative capacities of the Department of Hawaiian Home Lands and
other challenges faced by the Department, including--
``(1) geographic distribution within Hawaiian Home Lands;
and
``(2) technical capacity.
``(d) Effective Date.--This section shall take effect on the date of
the enactment of the Hawaiian Homelands Homeownership Act of 2000.
``SEC. 818. <<NOTE: 25 USC 4237.>> REMEDIES FOR NONCOMPLIANCE.
``(a) Actions by Secretary Affecting Grant Amounts.--
``(1) In general.--Except as provided in subsection (b), if
the Secretary finds after reasonable notice and opportunity for
a hearing that the Department of Hawaiian Home Lands has failed
to comply substantially with any provision of this title, the
Secretary shall--
``(A) terminate payments under this title to the
Department;
``(B) reduce payments under this title to the
Department by an amount equal to the amount of such
payments that were not expended in accordance with this
title; or
``(C) limit the availability of payments under this
title to programs, projects, or activities not affected
by such failure to comply.
``(2) Actions.--If the Secretary takes an action under
subparagraph (A), (B), or (C) of paragraph (1), the Secretary
shall continue that action until the Secretary determines that
the failure by the Department to comply with the provision has
been remedied by the Department and the Department is in
compliance with that provision.
``(b) Noncompliance Because of a Technical Incapacity.--The
Secretary may provide technical assistance for the Department, either
directly or indirectly, that is designed to increase the capability and
capacity of the Director of the Department to administer assistance
provided under this title in compliance with the requirements under this
title if the Secretary makes a finding under subsection (a), but
determines that the failure of the Department to comply substantially
with the provisions of this title--
``(1) is not a pattern or practice of activities
constituting willful noncompliance; and
``(2) is a result of the limited capability or capacity of
the Department of Hawaiian Home Lands.
``(c) Referral for Civil Action.--
``(1) Authority.--In lieu of, or in addition to, any action
that the Secretary may take under subsection (a), if the
Secretary has reason to believe that the Department of Hawaiian
Home Lands has failed to comply substantially with any provision
of this title, the Secretary may refer the matter to the
Attorney General of the United States with a recommendation that
an appropriate civil action be instituted.
``(2) Civil action.--Upon receiving a referral under
paragraph (1), the Attorney General may bring a civil action in
any United States district court of appropriate jurisdiction for
such relief as may be appropriate, including an action--
[[Page 114 STAT. 2892]]
``(A) to recover the amount of the assistance
furnished under this title that was not expended in
accordance with this title; or
``(B) for mandatory or injunctive relief.
``(d) Review.--
``(1) In general.--If the Director receives notice under
subsection (a) of the termination, reduction, or limitation of
payments under this Act, the Director--
``(A) <<NOTE: Deadline.>> may, not later than 60
days after receiving such notice, file with the United
States Court of Appeals for the Ninth Circuit, or in the
United States Court of Appeals for the District of
Columbia, a petition for review of the action of the
Secretary; and
``(B) upon the filing of any petition under
subparagraph (A), shall forthwith transmit copies of the
petition to the Secretary and the Attorney General of
the United States, who shall represent the Secretary in
the litigation.
``(2) Procedure.--
``(A) In general.--The Secretary shall file in the
court a record of the proceeding on which the Secretary
based the action, as provided in section 2112 of title
28, United States Code.
``(B) Objections.--No objection to the action of the
Secretary shall be considered by the court unless the
Department has registered the objection before the
Secretary.
``(3) Disposition.--
``(A) Court proceedings.--
``(i) Jurisdiction of court.--The court shall
have jurisdiction to affirm or modify the action
of the Secretary or to set the action aside in
whole or in part.
``(ii) Findings of fact.--If supported by
substantial evidence on the record considered as a
whole, the findings of fact by the Secretary shall
be conclusive.
``(iii) Addition.--The court may order
evidence, in addition to the evidence submitted
for review under this subsection, to be taken by
the Secretary, and to be made part of the record.
``(B) Secretary.--
``(i) In general.--The Secretary, by reason of
the additional evidence referred to in
subparagraph (A) and filed with the court--
``(I) may--
``(aa) modify the findings
of fact of the Secretary; or
``(bb) make new findings;
and
``(II) shall file--
``(aa) such modified or new
findings; and
``(bb) the recommendation of
the Secretary, if any, for the
modification or setting aside of
the original action of the
Secretary.
``(ii) Findings.--The findings referred to in
clause (i)(II)(bb) shall, with respect to a
question of fact, be considered to be conclusive
if those findings are--
``(I) supported by substantial
evidence on the record; and
``(II) considered as a whole.
[[Page 114 STAT. 2893]]
``(4) Finality.--
``(A) In general.--Except as provided in
subparagraph (B), upon the filing of the record under
this subsection with the court--
``(i) the jurisdiction of the court shall be
exclusive; and
``(ii) the judgment of the court shall be
final.
``(B) Review by supreme court.--A judgment under
subparagraph (A) shall be subject to review by the
Supreme Court of the United States upon writ of
certiorari or certification, as provided in section 1254
of title 28, United States Code.
``SEC. 819. <<NOTE: 25 USC 4238.>> MONITORING OF COMPLIANCE.
``(a) Enforceable Agreements.--
``(1) In general.--The Director, through binding contractual
agreements with owners or other authorized entities, shall
ensure long-term compliance with the provisions of this title.
``(2) Measures.--The measures referred to in paragraph (1)
shall provide for--
``(A) to the extent allowable by Federal and State
law, the enforcement of the provisions of this title by
the Department and the Secretary; and
``(B) remedies for breach of the provisions referred
to in paragraph (1).
``(b) Periodic Monitoring.--
``(1) In general.--Not less frequently than annually, the
Director shall review the activities conducted and housing
assisted under this title to assess compliance with the
requirements of this title.
``(2) Review.--Each review under paragraph (1) shall include
onsite inspection of housing to determine compliance with
applicable requirements.
``(3) Results.--The results of each review under paragraph
(1) shall be--
``(A) included in a performance report of the
Director submitted to the Secretary under section 820;
and
``(B) made available to the public.
``(c) Performance Measures.--The Secretary shall establish such
performance measures as may be necessary to assess compliance with the
requirements of this title.
``SEC. 820. <<NOTE: 25 USC 4239.>> PERFORMANCE REPORTS.
``(a) Requirement.--For each fiscal year, the Director shall--
``(1) review the progress the Department has made during
that fiscal year in carrying out the housing plan submitted by
the Department under section 803; and
``(2) submit a report to the Secretary (in a form acceptable
to the Secretary) describing the conclusions of the review.
``(b) Content.--Each report submitted under this section for a
fiscal year shall--
``(1) describe the use of grant amounts provided to the
Department of Hawaiian Home Lands for that fiscal year;
``(2) assess the relationship of the use referred to in
paragraph (1) to the goals identified in the housing plan;
``(3) indicate the programmatic accomplishments of the
Department; and
[[Page 114 STAT. 2894]]
``(4) describe the manner in which the Department would
change its housing plan submitted under section 803 as a result
of its experiences.
``(c) Submissions.--The Secretary shall--
``(1) establish a date for submission of each report under
this section;
``(2) review each such report; and
``(3) with respect to each such report, make recommendations
as the Secretary considers appropriate to carry out the purposes
of this title.
``(d) Public Availability.--
``(1) Comments by beneficiaries.--In preparing a report
under this section, the Director shall make the report publicly
available to the beneficiaries of the Hawaiian Homes Commission
Act, 1920 (42 Stat. 108 et seq.) and give a sufficient amount of
time to permit those beneficiaries to comment on that report
before it is submitted to the Secretary (in such manner and at
such time as the Director may determine).
``(2) Summary of comments.--The report shall include a
summary of any comments received by the Director from
beneficiaries under paragraph (1) regarding the program to carry
out the housing plan.
``SEC. 821. <<NOTE: 25 USC 4240.>> REVIEW AND AUDIT BY SECRETARY.
``(a) Annual Review.--
``(1) In general.--The Secretary shall, not less frequently
than on an annual basis, make such reviews and audits as may be
necessary or appropriate to determine whether--
``(A) the Director has--
``(i) carried out eligible activities under
this title in a timely manner;
``(ii) carried out and made certifications in
accordance with the requirements and the primary
objectives of this title and with other applicable
laws; and
``(iii) a continuing capacity to carry out the
eligible activities in a timely manner;
``(B) the Director has complied with the housing
plan submitted by the Director under section 803; and
``(C) the performance reports of the Department
under section 821 are accurate.
``(2) Onsite visits.--Each review conducted under this
section shall, to the extent practicable, include onsite visits
by employees of the Department of Housing and Urban Development.
``(b) Report <<NOTE: Deadlines.>> by Secretary.--The Secretary shall
give the Department of Hawaiian Home Lands not less than 30 days to
review and comment on a report under this subsection. After taking into
consideration the comments of the Department, the Secretary may revise
the report and shall make the comments of the Department and the report
with any revisions, readily available to the public not later than 30
days after receipt of the comments of the Department.
``(c) Effect of Reviews.--The Secretary may make appropriate
adjustments in the amount of annual grants under this title in
accordance with the findings of the Secretary pursuant to reviews and
audits under this section. The Secretary may adjust, reduce, or withdraw
grant amounts, or take other action as appropriate
[[Page 114 STAT. 2895]]
in accordance with the reviews and audits of the Secretary under this
section, except that grant amounts already expended on affordable
housing activities may not be recaptured or deducted from future
assistance provided to the Department of Hawaiian Home Lands.
``SEC. 822. <<NOTE: 25 USC 4241.>> GENERAL ACCOUNTING OFFICE AUDITS.
``To the extent that the financial transactions of the Department of
Hawaiian Home Lands involving grant amounts under this title relate to
amounts provided under this title, those transactions may be audited by
the Comptroller General of the United States under such regulations as
may be prescribed by the Comptroller General. The Comptroller General of
the United States shall have access to all books, accounts, records,
reports, files, and other papers, things, or property belonging to or in
use by the Department of Hawaiian Home Lands pertaining to such
financial transactions and necessary to facilitate the audit.
``SEC. 823. <<NOTE: 25 USC 4242.>> REPORTS TO CONGRESS.
``(a) In <<NOTE: Deadline.>> General.--Not later than 90 days after
the conclusion of each fiscal year in which assistance under this title
is made available, the Secretary shall submit to Congress a report that
contains--
``(1) a description of the progress made in accomplishing
the objectives of this title;
``(2) a summary of the use of funds available under this
title during the preceding fiscal year; and
``(3) a description of the aggregate outstanding loan
guarantees under section 184A of the Housing and Community
Development Act of 1992.
``(b) Related Reports.--The Secretary may require the Director to
submit to the Secretary such reports and other information as may be
necessary in order for the Secretary to prepare the report required
under subsection (a).
``SEC. 824. <<NOTE: 25 USC 4243.>> AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Department of
Housing and Urban Development for grants under this title such sums as
may be necessary for each of fiscal years 2000, 2001, 2002, 2003, and
2004.''.
SEC. 204. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
Subtitle E of title I of the Housing and Community Development Act
of 1992 is amended by inserting after section 184 (12 U.S.C. 1715z-13a)
the following:
``SEC. 184A. <<NOTE: 12 USC 1715z-13b.>> LOAN GUARANTEES FOR NATIVE
HAWAIIAN HOUSING.
``(a) Definitions.--In this section:
``(1) Department of hawaiian home lands.--The term
`Department of Hawaiian Home Lands' means the agency or
department of the government of the State of Hawaii that is
responsible for the administration of the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108 et seq.).
``(2) Eligible entity.--The term `eligible entity' means a
Native Hawaiian family, the Department of Hawaiian Home Lands,
the Office of Hawaiian Affairs, and private nonprofit or private
for-profit organizations experienced in the planning and
development of affordable housing for Native Hawaiians.
[[Page 114 STAT. 2896]]
``(3) Family.--The term `family' means one or more persons
maintaining a household, as the Secretary shall by regulation
provide.
``(4) Guarantee fund.--The term `Guarantee Fund' means the
Native Hawaiian Housing Loan Guarantee Fund established under
subsection (j).
``(5) Hawaiian home lands.--The term `Hawaiian Home Lands'
means lands that--
``(A) have the status of Hawaiian Home Lands under
section 204 of the Hawaiian Homes Commission Act (42
Stat. 110); or
``(B) are acquired pursuant to that Act.
``(6) Native hawaiian.--The term `Native Hawaiian' means any
individual who is--
``(A) a citizen of the United States; and
``(B) a descendant of the aboriginal people, who,
prior to 1778, occupied and exercised sovereignty in the
area that currently constitutes the State of Hawaii, as
evidenced by--
``(i) genealogical records;
``(ii) verification by kupuna (elders) or
kama'aina (long-term community residents); or
``(iii) birth records of the State of Hawaii.
``(7) Office of hawaiian affairs.--The term `Office of
Hawaiian Affairs' means the entity of that name established
under the constitution of the State of Hawaii.
``(b) Authority.--To provide access to sources of private financing
to Native Hawaiian families who otherwise could not acquire housing
financing because of the unique legal status of the Hawaiian Home Lands
or as a result of a lack of access to private financial markets, the
Secretary may guarantee an amount not to exceed 100 percent of the
unpaid principal and interest that is due on an eligible loan under
subsection (c).
``(c) Eligible Loans.--Under this section, a loan is an eligible
loan if that loan meets the following requirements:
``(1) Eligible borrowers.--The loan is made only to a
borrower who is--
``(A) a Native Hawaiian family;
``(B) the Department of Hawaiian Home Lands;
``(C) the Office of Hawaiian Affairs; or
``(D) a private nonprofit organization experienced
in the planning and development of affordable housing
for Native Hawaiians.
``(2) Eligible housing.--
``(A) In general.--The loan will be used to
construct, acquire, or rehabilitate not more than 4-
family dwellings that are standard housing and are
located on Hawaiian Home Lands for which a housing plan
described in subparagraph (B) applies.
``(B) Housing plan.--A housing plan described in
this subparagraph is a housing plan that--
``(i) has been submitted and approved by the
Secretary under section 803 of the Native American
Housing Assistance and Self-Determination Act of
1996; and
[[Page 114 STAT. 2897]]
``(ii) provides for the use of loan guarantees
under this section to provide affordable
homeownership housing on Hawaiian Home Lands.
``(3) Security.--The loan may be secured by any collateral
authorized under applicable Federal or State law.
``(4) Lenders.--
``(A) In general.--The loan shall be made only by a
lender approved by, and meeting qualifications
established by, the Secretary, including any lender
described in subparagraph (B), except that a loan
otherwise insured or guaranteed by an agency of the
Federal Government or made by the Department of Hawaiian
Home Lands from amounts borrowed from the United States
shall not be eligible for a guarantee under this
section.
``(B) Approval.--The following lenders shall be
considered to be lenders that have been approved by the
Secretary:
``(i) Any mortgagee approved by the Secretary
for participation in the single family mortgage
insurance program under title II of the National
Housing Act (12 U.S.C.A. 1707 et seq.).
``(ii) Any lender that makes housing loans
under chapter 37 of title 38, United States Code,
that are automatically guaranteed under section
3702(d) of title 38, United States Code.
``(iii) Any lender approved by the Secretary
of Agriculture to make guaranteed loans for single
family housing under the Housing Act of 1949 (42
U.S.C.A. 1441 et seq.).
``(iv) Any other lender that is supervised,
approved, regulated, or insured by any agency of
the Federal Government.
``(5) Terms.--The loan shall--
``(A) be made for a term not exceeding 30 years;
``(B) bear interest (exclusive of the guarantee fee
under subsection (e) and service charges, if any) at a
rate agreed upon by the borrower and the lender and
determined by the Secretary to be reasonable, but not to
exceed the rate generally charged in the area (as
determined by the Secretary) for home mortgage loans not
guaranteed or insured by any agency or instrumentality
of the Federal Government;
``(C) involve a principal obligation not exceeding--
``(i) 97.75 percent of the appraised value of
the property as of the date the loan is accepted
for guarantee (or 98.75 percent if the value of
the property is $50,000 or less); or
``(ii) the amount approved by the Secretary
under this section; and
``(D) involve a payment on account of the property--
``(i) in cash or its equivalent; or
``(ii) through the value of any improvements
to the property made through the skilled or
unskilled labor of the borrower, as the Secretary
shall provide.
``(d) Certificate of Guarantee.--
``(1) Approval process.--
[[Page 114 STAT. 2898]]
``(A) In general.--Before the Secretary approves any
loan for guarantee under this section, the lender shall
submit the application for the loan to the Secretary for
examination.
``(B) Approval.--If the Secretary approves the
application submitted under subparagraph (A), the
Secretary shall issue a certificate under this
subsection as evidence of the loan guarantee approved.
``(2) Standard for approval.--The Secretary may approve a
loan for guarantee under this section and issue a certificate
under this subsection only if the Secretary determines that
there is a reasonable prospect of repayment of the loan.
``(3) Effect.--
``(A) In general.--A certificate of guarantee issued
under this subsection by the Secretary shall be
conclusive evidence of the eligibility of the loan for
guarantee under this section and the amount of that
guarantee.
``(B) Evidence.--The evidence referred to in
subparagraph (A) shall be incontestable in the hands of
the bearer.
``(C) Full faith and credit.--The full faith and
credit of the United States is pledged to the payment of
all amounts agreed to be paid by the Secretary as
security for the obligations made by the Secretary under
this section.
``(4) Fraud and misrepresentation.--This subsection may not
be construed--
``(A) to preclude the Secretary from establishing
defenses against the original lender based on fraud or
material misrepresentation; or
``(B) to bar the Secretary from establishing by
regulations that are on the date of issuance or
disbursement, whichever is earlier, partial defenses to
the amount payable on the guarantee.
``(e) Guarantee Fee.--
``(1) In general.--The Secretary shall fix and collect a
guarantee fee for the guarantee of a loan under this section,
which may not exceed the amount equal to 1 percent of the
principal obligation of the loan.
``(2) Payment.--The fee under this subsection shall--
``(A) be paid by the lender at time of issuance of
the guarantee; and
``(B) be adequate, in the determination of the
Secretary, to cover expenses and probable losses.
``(3) Deposit.--The Secretary shall deposit any fees
collected under this subsection in the Native Hawaiian Housing
Loan Guarantee Fund established under subsection ( j).
``(f ) Liability Under Guarantee.--The liability under a guarantee
provided under this section shall decrease or increase on a pro rata
basis according to any decrease or increase in the amount of the unpaid
obligation under the provisions of the loan agreement involved.
``(g) Transfer and Assumption.--Notwithstanding any other provision
of law, any loan guaranteed under this section, including the security
given for the loan, may be sold or assigned by the lender to any
financial institution subject to examination and supervision by an
agency of the Federal Government or of any State or the District of
Columbia.
[[Page 114 STAT. 2899]]
``(h) Disqualification of Lenders and Civil Money Penalties.--
``(1) In general.--
``(A) Grounds for action.--The Secretary may take
action under subparagraph (B) if the Secretary
determines that any lender or holder of a guarantee
certificate under subsection (d)--
``(i) has failed--
``(I) to maintain adequate
accounting records;
``(II) to service adequately loans
guaranteed under this section; or
``(III) to exercise proper credit or
underwriting judgment; or
``(ii) has engaged in practices otherwise
detrimental to the interest of a borrower or the
United States.
``(B) Actions.--Upon a determination by the
Secretary that a holder of a guarantee certificate under
subsection (d) has failed to carry out an activity
described in subparagraph (A)(i) or has engaged in
practices described in subparagraph (A)(ii), the
Secretary may--
``(i) refuse, either temporarily or
permanently, to guarantee any further loans made
by such lender or holder;
``(ii) bar such lender or holder from
acquiring additional loans guaranteed under this
section; and
``(iii) require that such lender or holder
assume not less than 10 percent of any loss on
further loans made or held by the lender or holder
that are guaranteed under this section.
``(2) Civil money penalties for intentional violations.--
``(A) In general.--The Secretary may impose a civil
monetary penalty on a lender or holder of a guarantee
certificate under subsection (d) if the Secretary
determines that the holder or lender has intentionally
failed--
``(i) to maintain adequate accounting records;
``(ii) to adequately service loans guaranteed
under this section; or
``(iii) to exercise proper credit or
underwriting judgment.
``(B) Penalties.--A civil monetary penalty imposed
under this paragraph shall be imposed in the manner and
be in an amount provided under section 536 of the
National Housing Act (12 U.S.C.A. 1735f-1) with respect
to mortgagees and lenders under that Act.
``(3) Payment on loans made in good faith.--Notwithstanding
paragraphs (1) and (2), if a loan was made in good faith, the
Secretary may not refuse to pay a lender or holder of a valid
guarantee on that loan, without regard to whether the lender or
holder is barred under this subsection.
``(i) Payment Under Guarantee.--
``(1) Lender options.--
``(A) In general.--
``(i) Notification.--If a borrower on a loan
guaranteed under this section defaults on the
loan, the holder
[[Page 114 STAT. 2900]]
of the guarantee certificate shall provide written
notice of the default to the Secretary.
``(ii) Payment.--Upon providing the notice
required under clause (i), the holder of the
guarantee certificate shall be entitled to payment
under the guarantee (subject to the provisions of
this section) and may proceed to obtain payment in
one of the following manners:
``(I) Foreclosure.--
``(aa) In general.--The
holder of the certificate may
initiate foreclosure proceedings
(after providing written notice
of that action to the
Secretary).
``(bb) Payment.--Upon a
final order by the court
authorizing foreclosure and
submission to the Secretary of a
claim for payment under the
guarantee, the Secretary shall
pay to the holder of the
certificate the pro rata portion
of the amount guaranteed (as
determined pursuant to
subsection (f )) plus reasonable
fees and expenses as approved by
the Secretary.
``(cc) Subrogation.--The
rights of the Secretary shall be
subrogated to the rights of the
holder of the guarantee. The
holder shall assign the
obligation and security to the
Secretary.
``(II) No foreclosure.--
``(aa) In general.--Without
seeking foreclosure (or in any
case in which a foreclosure
proceeding initiated under
clause (i) continues for a
period in excess of 1 year), the
holder of the guarantee may
submit to the Secretary a
request to assign the obligation
and security interest to the
Secretary in return for payment
of the claim under the
guarantee. The Secretary may
accept assignment of the loan if
the Secretary determines that
the assignment is in the best
interest of the United States.
``(bb) Payment.--Upon
assignment, the Secretary shall
pay to the holder of the
guarantee the pro rata portion
of the amount guaranteed (as
determined under subsection (f
)).
``(cc) Subrogation.--The
rights of the Secretary shall be
subrogated to the rights of the
holder of the guarantee. The
holder shall assign the
obligation and security to the
Secretary.
``(B) Requirements.--Before any payment under a
guarantee is made under subparagraph (A), the holder of
the guarantee shall exhaust all reasonable possibilities
of collection. Upon payment, in whole or in part, to the
holder, the note or judgment evidencing the debt shall
be assigned to the United States and the holder shall
have no further claim against the borrower or the United
States. The Secretary shall then take such action to
collect as the Secretary determines to be appropriate.
[[Page 114 STAT. 2901]]
``(2) Limitations on liquidation.--
``(A) In general.--If a borrower defaults on a loan
guaranteed under this section that involves a security
interest in restricted Hawaiian Home Land property, the
mortgagee or the Secretary shall only pursue liquidation
after offering to transfer the account to another
eligible Hawaiian family or the Department of Hawaiian
Home Lands.
``(B) Limitation.--If, after action is taken under
subparagraph (A), the mortgagee or the Secretary
subsequently proceeds to liquidate the account, the
mortgagee or the Secretary shall not sell, transfer, or
otherwise dispose of or alienate the property described
in subparagraph (A) except to another eligible Hawaiian
family or to the Department of Hawaiian Home Lands.
``( j) Native Hawaiian Housing Loan Guarantee Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States the Native Hawaiian Housing Loan Guarantee
Fund for the purpose of providing loan guarantees under this
section.
``(2) Credits.--The Guarantee Fund shall be credited with--
``(A) any amount, claims, notes, mortgages,
contracts, and property acquired by the Secretary under
this section, and any collections and proceeds
therefrom;
``(B) any amounts appropriated pursuant to paragraph
(7);
``(C) any guarantee fees collected under subsection
(e); and
``(D) any interest or earnings on amounts invested
under paragraph (4).
``(3) Use.--Amounts in the Guarantee Fund shall be
available, to the extent provided in appropriations Acts, for--
``(A) fulfilling any obligations of the Secretary
with respect to loans guaranteed under this section,
including the costs (as that term is defined in section
502 of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a)) of such loans;
``(B) paying taxes, insurance, prior liens, expenses
necessary to make fiscal adjustment in connection with
the application and transmittal of collections, and
other expenses and advances to protect the Secretary for
loans which are guaranteed under this section or held by
the Secretary;
``(C) acquiring such security property at
foreclosure sales or otherwise;
``(D) paying administrative expenses in connection
with this section; and
``(E) reasonable and necessary costs of
rehabilitation and repair to properties that the
Secretary holds or owns pursuant to this section.
``(4) Investment.--Any amounts in the Guarantee Fund
determined by the Secretary to be in excess of amounts currently
required at the time of the determination to carry out this
section may be invested in obligations of the United States.
``(5) Limitation on commitments to guarantee loans and
mortgages.--
[[Page 114 STAT. 2902]]
``(A) Requirement of appropriations.--The authority
of the Secretary to enter into commitments to guarantee
loans under this section shall be effective for any
fiscal year to the extent, or in such amounts as are, or
have been, provided in appropriations Acts, without
regard to the fiscal year for which such amounts were
appropriated.
``(B) Limitations on costs of guarantees.--The
authority of the Secretary to enter into commitments to
guarantee loans under this section shall be effective
for any fiscal year only to the extent that amounts in
the Guarantee Fund are or have been made available in
appropriations Acts to cover the costs (as that term is
defined in section 502 of the Federal Credit Reform Act
of 1990 (2 U.S.C. 661a)) of such loan guarantees for
such fiscal year. Any amounts appropriated pursuant to
this subparagraph shall remain available until expended.
``(C) Limitation on outstanding aggregate principal
amount.--Subject to the limitations in subparagraphs (A)
and (B), the Secretary may enter into commitments to
guarantee loans under this section for each of fiscal
years 2000, 2001, 2002, 2003, and 2004 with an aggregate
outstanding principal amount not exceeding $100,000,000
for each such fiscal year.
``(6) Liabilities.--All liabilities and obligations of the
assets credited to the Guarantee Fund under paragraph (2)(A)
shall be liabilities and obligations of the Guarantee Fund.
``(7) Authorization of appropriations.--There are authorized
to be appropriated to the Guarantee Fund to carry out this
section such sums as may be necessary for each of fiscal years
2000, 2001, 2002, 2003, and 2004.
``(k) Requirements for Standard Housing.--
``(1) In <<NOTE: Regulations.>> general.--The Secretary
shall, by regulation, establish housing safety and quality
standards to be applied for use under this section.
``(2) Standards.--The standards referred to in paragraph (1)
shall--
``(A) provide sufficient flexibility to permit the
use of various designs and materials in housing acquired
with loans guaranteed under this section; and
``(B) require each dwelling unit in any housing
acquired in the manner described in subparagraph (A)
to--
``(i) be decent, safe, sanitary, and modest in
size and design;
``(ii) conform with applicable general
construction standards for the region in which the
housing is located;
``(iii) contain a plumbing system that--
``(I) uses a properly installed
system of piping;
``(II) includes a kitchen sink and a
partitional bathroom with lavatory,
toilet, and bath or shower; and
``(III) uses water supply, plumbing,
and sewage disposal systems that conform
to any minimum standards established by
the applicable county or State;
``(iv) contain an electrical system using
wiring and equipment properly installed to safely
supply electrical
[[Page 114 STAT. 2903]]
energy for adequate lighting and for operation of
appliances that conforms to any appropriate
county, State, or national code;
``(v) be not less than the size provided under
the applicable locally adopted standards for size
of dwelling units, except that the Secretary, upon
request of the Department of Hawaiian Home Lands
may waive the size requirements under this
paragraph; and
``(vi) conform with the energy performance
requirements for new construction established by
the Secretary under section 526(a) of the National
Housing Act (12 U.S.C.A. 1735f-4), unless the
Secretary determines that the requirements are not
applicable.
``(l) Applicability of Civil Rights Statutes.--To the extent that
the requirements of title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.) or of title VIII of the Act popularly known as the `Civil
Rights Act of 1968' (42 U.S.C.A. 3601 et seq.) apply to a guarantee
provided under this subsection, nothing in the requirements concerning
discrimination on the basis of race shall be construed to prevent the
provision of the guarantee to an eligible entity on the basis that the
entity serves Native Hawaiian families or is a Native Hawaiian
family.''.
TITLE III--COUSHATTA TRIBE OF LOUISIANA LAND TRANSACTIONS
SEC. 301. APPROVAL NOT REQUIRED TO VALIDATE LAND TRANSACTIONS.
(a) In General.--Notwithstanding any other provision of law, without
further approval, ratification, or authorization by the United States,
the Coushatta Tribe of Louisiana, may lease, sell, convey, warrant, or
otherwise transfer all or any part of the Tribe's interest in any real
property that is not held in trust by the United States for the benefit
of the Tribe.
(b) Trust Land Not Affected.--Nothing in this section is intended or
shall be construed to--
(1) authorize the Coushatta Tribe of Louisiana to 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 leasing,
selling, conveying, warranting, or otherwise transferring any
interest in such trust land.
TITLE IV--WAKPA SICA RECONCILIATION PLACE
SEC. 401. FINDINGS.
Congress finds that--
(1) there is a continuing need for reconciliation between
Indians and non-Indians;
(2) the need may be met partially through the promotion of
the understanding of the history and culture of Sioux Indian
tribes;
[[Page 114 STAT. 2904]]
(3) the establishment of a Sioux Nation Tribal Supreme Court
will promote economic development on reservations of the Sioux
Nation and provide investors that contribute to that development
a greater degree of certainty and confidence by--
(A) reconciling conflicting tribal laws; and
(B) strengthening tribal court systems;
(4) the reservations of the Sioux Nation--
(A) contain the poorest counties in the United
States; and
(B) lack adequate tools to promote economic
development and the creation of jobs;
(5) there is a need to enhance and strengthen the capacity
of Indian tribal governments and tribal justice systems to
address conflicts which impair relationships in Indian
communities and between Indian and non-Indian communities and
individuals; and
(6) the establishment of the National Native American
Mediation Training Center, with the technical assistance of
tribal and Federal agencies, including the Community Relations
Service of the Department of Justice, would enhance and
strengthen the mediation skills that are useful in reducing
tensions and resolving conflicts in Indian communities and
between Indian and non-Indian communities and individuals.
SEC. 402. DEFINITIONS.
In this title:
(1) Indian tribe.--The term ``Indian tribe'' has the meaning
given that term in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Sioux nation.--The term ``Sioux Nation'' means the
Cheyenne River Sioux Tribe, the Crow Creek Sioux Tribe, the
Flandreau Santee Sioux Tribe, the Lower Brule Sioux Tribe, the
Oglala Sioux Tribe, the Rosebud Sioux Tribe, the Santee Sioux
Tribe, the Sisseton-Wahpeton Sioux Tribe, the Spirit Lake Sioux
Tribe, the Standing Rock Sioux Tribe, and the Yankton Sioux
Tribe.
Subtitle A--Reconciliation Center
SEC. 411. RECONCILIATION CENTER.
(a) Establishment.--The <<NOTE: Wakpa Sica Reconciliation
Place.>> Secretary of Housing and Urban Development, in cooperation with
the Secretary, shall establish, in accordance with this section, a
reconciliation center, to be known as ``Wakpa Sica Reconciliation
Place''.
(b) Location.--Notwithstanding any other provision of law, the
Secretary shall take into trust for the benefit of the Sioux Nation the
parcel of land in Stanley County, South Dakota, that is described as the
``Reconciliation Place Addition'' that is owned on the date of the
enactment of this Act by the Wakpa Sica Historical Society, Inc., for
the sole purpose of establishing and operating Wakpa Sica Reconciliation
Place as described in subsection (c).
(c) Purposes.--The purposes of Wakpa Sica Reconciliation Place shall
be as follows:
[[Page 114 STAT. 2905]]
(1) To enhance the knowledge and understanding of the
history of Native Americans by--
(A) displaying and interpreting the history, art,
and culture of Indian tribes for Indians and non-
Indians; and
(B) providing an accessible repository for--
(i) the history of Indian tribes; and
(ii) the family history of members of Indian
tribes.
(2) To provide for the interpretation of the encounters
between Lewis and Clark and the Sioux Nation.
(3) To house the Sioux Nation Tribal Supreme Court.
(4) To house a Native American economic development center.
(5) To house a facility to train tribal personnel in
conflict resolution and alternative dispute resolution.
(d) Grant.--
(1) In general.--The Secretary of Housing and Urban
Development shall offer to award a grant to the Wakpa Sica
Historical Society of Fort Pierre, South Dakota, for the
construction of Wakpa Sica Reconciliation Place.
(2) Grant agreement.--
(A) In general.--As a condition to receiving the
grant under this subsection, the appropriate official of
the Wakpa Sica Historical Society shall enter into a
grant agreement with the Secretary of Housing and Urban
Development.
(B) Consultation.--Before entering into a grant
agreement under this paragraph, the Secretary of Housing
and Urban Development shall consult with the Secretary
concerning the contents of the agreement.
(C) Duties of the wakpa sica historical society.--
The grant agreement under this paragraph shall specify
the duties of the Wakpa Sica Historical Society under
this section and arrangements for the maintenance of
Wakpa Sica Reconciliation Place.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Department of Housing and Urban
Development $18,258,441, to be used for the grant under this
section.
SEC. 412. SIOUX NATION TRIBAL SUPREME COURT.
(a) In General.--To ensure the development and operation of the
Sioux Nation Tribal Supreme Court and for mediation training, the
Attorney General of the United States shall use available funds to
provide technical and financial assistance to the Sioux Nation.
(b) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated to the Department of Justice
such sums as are necessary.
SEC. 413. LEGAL JURISDICTION NOT AFFECTED.
Nothing in this title shall be construed to expand, diminish, or
otherwise amend the civil or criminal legal jurisdiction of the Federal
Government or any tribal or State government.
[[Page 114 STAT. 2906]]
Subtitle B--GAO Study
SEC. 421. <<NOTE: 25 USC 4301 note.>> GAO STUDY.
(a) In General.--The Comptroller General shall conduct a study and
make findings and recommendations with respect to--
(1) Federal programs designed to assist Indian tribes and
tribal members with economic development, job creation,
entrepreneurship, and business development;
(2) the extent of use of the programs;
(3) how effectively such programs accomplish their mission;
and
(4) ways in which the Federal Government could best provide
economic development, job creation, entrepreneurship, and
business development for Indian tribes and tribal members.
(b) Report.--The <<NOTE: Deadline.>> Comptroller General shall
submit a report to Congress on the study, findings, and recommendations
required by subsection (a) not later than 1 year after the date of the
enactment of this Act.
TITLE V--EXPENDITURE OF FUNDS BY ZUNI INDIAN TRIBE
SEC. 501. EXPENDITURE OF FUNDS BY TRIBE AUTHORIZED.
Section 3 of the Zuni Land Conservation Act of 1990 (Public Law 101-
486) is amended--
(1) in subsection (b)(1), by striking ``The Secretary of the
Interior'' and inserting ``The Zuni Indian Tribe''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``, subject to
paragraph (2),'';
(B) by striking paragraph (2);
(C) in paragraph (3), by striking ``Secretary of the
Interior'' and inserting ``Zuni Indian Tribe''; and
(D) by redesignating paragraphs (3), (4), (5), and
(6) as paragraphs (2), (3), (4), and (5), respectively.
TITLE <<NOTE: Torres-Martinez Desert Cahuilla Indians Claims Settlement
Act.>> VI--TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT
SEC. 601. <<NOTE: 25 USC 1778 note.>> SHORT TITLE.
This title may be cited as the ``Torres-Martinez Desert Cahuilla
Indians Claims Settlement Act''.
SEC. 602. <<NOTE: 25 USC 1778.>> CONGRESSIONAL FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) In 1876, the Torres-Martinez Indian Reservation was
created, reserving a single, 640-acre section of land in the
Coachella Valley, California, north of the Salton Sink. The
Reservation was expanded in 1891 by Executive order, pursuant to
the Mission Indian Relief Act of 1891, adding about 12,000 acres
to the original 640-acre reservation.
[[Page 114 STAT. 2907]]
(2) Between 1905 and 1907, flood waters of the Colorado
River filled the Salton Sink, creating the Salton Sea,
inundating approximately 2,000 acres of the 1891 reservation
lands.
(3) In 1909, an additional 12,000 acres of land, 9,000 of
which were then submerged under the Salton Sea, were added to
the reservation under a Secretarial Order issued pursuant to a
1907 amendment of the Mission Indian Relief Act. Due to receding
water levels in the Salton Sea through the process of
evaporation, at the time of the 1909 enlargement of the
reservation, there were some expectations that the Salton Sea
would recede within a period of 25 years.
(4) Through the present day, the majority of the lands added
to the reservation in 1909 remain inundated due in part to the
flowage of natural runoff and drainage water from the irrigation
systems of the Imperial, Coachella, and Mexicali Valleys into
the Salton Sea.
(5) In addition to those lands that are inundated, there are
also tribal and individual Indian lands located on the perimeter
of the Salton Sea that are not currently irrigable due to lack
of proper drainage.
(6) In 1982, the United States brought an action in trespass
entitled ``United States of America, in its own right and on
behalf of Torres-Martinez Band of Mission Indians and the
Allottees therein v. the Imperial Irrigation District and
Coachella Valley Water District'', Case No. 82-1790 K (M)
(hereafter in this section referred to as the ``U.S. Suit'') on
behalf of the Torres-Martinez Indian Tribe and affected Indian
allottees against the two water districts seeking damages
related to the inundation of tribal- and allottee-owned lands
and injunctive relief to prevent future discharge of water on
such lands.
(7) On August 20, 1992, the Federal District Court for the
Southern District of California entered a judgment in the U.S.
Suit requiring the Coachella Valley Water District to pay
$212,908.41 in past and future damages and the Imperial
Irrigation District to pay $2,795,694.33 in past and future
damages in lieu of the United States request for a permanent
injunction against continued flooding of the submerged lands.
(8) The United States, the Coachella Valley Water District,
and the Imperial Irrigation District have filed notices of
appeal with the United States Court of Appeals for the Ninth
Circuit from the district court's judgment in the U.S. Suit
(Nos. 93-55389, 93-55398, and 93-55402), and the Tribe has filed
a notice of appeal from the district court's denial of its
motion to intervene as a matter of right (No. 92-55129).
(9) The Court of Appeals for the Ninth Circuit has stayed
further action on the appeals pending the outcome of settlement
negotiations.
(10) In 1991, the Tribe brought its own lawsuit, Torres-
Martinez Desert Cahuilla Indians, et al., v. Imperial Irrigation
District, et al., Case No. 91-1670 J (LSP) (hereafter in this
section referred to as the ``Indian Suit'') in the United States
District Court, Southern District of California, against the two
water districts, and amended the complaint to include as a
plaintiff, Mary Resvaloso, in her own right, and as class
representative of all other affected Indian allotment owners.
[[Page 114 STAT. 2908]]
(11) The Indian Suit has been stayed by the district court
to facilitate settlement negotiations.
(b) Purpose.--The purpose of this title is to facilitate and
implement the settlement agreement negotiated and executed by the
parties to the U.S. Suit and Indian Suit for the purpose of resolving
their conflicting claims to their mutual satisfaction and in the public
interest.
SEC. 603. <<NOTE: 25 USC 1778a.>> DEFINITIONS.
For the purposes of this title:
(1) Tribe.--The term ``Tribe'' means the Torres-Martinez
Desert Cahuilla Indians, a federally recognized Indian tribe
with a reservation located in Riverside and Imperial Counties,
California.
(2) Allottees.--The term ``allottees'' means those
individual Tribe members, their successors, heirs, and assigns,
who have individual ownership of allotted Indian trust lands
within the Torres-Martinez Indian Reservation.
(3) Salton sea.--The term ``Salton Sea'' means the inland
body of water located in Riverside and Imperial Counties which
serves as a drainage reservoir for water from precipitation,
natural runoff, irrigation return flows, wastewater, floods, and
other inflow from within its watershed area.
(4) Settlement agreement.--The term ``Settlement Agreement''
means the Agreement of Compromise and Settlement Concerning
Claims to the Lands of the United States Within and on the
Perimeter of the Salton Sea Drainage Reservoir Held in Trust for
the Torres-Martinez Indians executed on June 18, 1996, as
modified by the first, second, third, and fourth modifications
thereto.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Permanent flowage easement.--The term ``permanent
flowage easement'' means the perpetual right by the water
districts to use the described lands in the Salton Sink within
and below the minus 220-foot contour as a drainage reservoir to
receive and store water from their respective water and drainage
systems, including flood water, return flows from irrigation,
tail water, leach water, operational spills, and any other water
which overflows and floods such lands, originating from lands
within such water districts.
SEC. 604. <<NOTE: 25 USC 1778b.>> RATIFICATION OF SETTLEMENT AGREEMENT.
The United States hereby approves, ratifies, and confirms the
Settlement Agreement.
SEC. 605. <<NOTE: 25 USC 1778c.>> SETTLEMENT FUNDS.
(a) Establishment of Tribal and Allottees Settlement Trust Funds
Accounts.--
(1) In general.--There are established in the Treasury of
the United States three settlement trust fund accounts to be
known as the ``Torres-Martinez Settlement Trust Funds Account'',
the ``Torres-Martinez Allottees Settlement Account I'', and the
``Torres-Martinez Allottees Settlement Account II'',
respectively.
(2) Availability.--Amounts held in the Torres-Martinez
Settlement Trust Funds Account, the Torres-Martinez Allottees
[[Page 114 STAT. 2909]]
Settlement Account I, and the Torres-Martinez Allottees
Settlement Account II shall be available to the Secretary for
distribution to the Tribe and affected allottees in accordance
with subsection (c).
(b) Contributions to the Settlement Trust Funds.--
(1) In general.--Amounts paid to the Secretary for deposit
into the trust fund accounts established by subsection (a) shall
be allocated among and deposited in the trust accounts in the
amounts determined by the tribal-allottee allocation provisions
of the Settlement Agreement.
(2) Cash payments by coachella valley water district.--
Within the time, in the manner, and upon the conditions
specified in the Settlement Agreement, the Coachella Valley
Water District shall pay the sum of $337,908.41 to the United
States for the benefit of the Tribe and any affected allottees.
(3) Cash payments by imperial irrigation district.--Within
the time, in the manner, and upon the conditions specified in
the Settlement Agreement, the Imperial Irrigation District shall
pay the sum of $3,670,694.33 to the United States for the
benefit of the Tribe and any affected allottees.
(4) Cash payments by the united states.--Within the time and
upon the conditions specified in the Settlement Agreement, the
United States shall pay into the three separate tribal and
allottee trust fund accounts the total sum of $10,200,000, of
which sum--
(A) $4,200,000 shall be provided from moneys
appropriated by Congress under section 1304 of title 31,
United States Code, the conditions of which are deemed
to have been met, including those of section 2414 of
title 28, United States Code; and
(B) $6,000,000 shall be provided from moneys
appropriated by Congress for this specific purpose to
the Secretary.
(5) Additional payments.--In the event that any of the sums
described in paragraph (2) or (3) are not timely paid by the
Coachella Valley Water District or the Imperial Irrigation
District, as the case may be, the delinquent payor shall pay an
additional sum equal to 10 percent interest annually on the
amount outstanding daily, compounded yearly on December 31 of
each respective year, until all outstanding amounts due have
been paid in full.
(6) Severally liable for payments.--The Coachella Valley
Water District, the Imperial Irrigation District, and the United
States shall each be severally liable, but not jointly liable,
for its respective obligation to make the payments specified by
this subsection.
(c) Administration of Settlement Trust Funds.--The Secretary shall
administer and distribute funds held in the Torres-Martinez Settlement
Trust Funds Account, the Torres-Martinez Allottees Settlement Account I,
and the Torres-Martinez Allottees Settlement Account II in accordance
with the terms and conditions of the Settlement Agreement.
SEC. 606. <<NOTE: 25 USC 1778d.>> TRUST LAND ACQUISITION AND STATUS.
(a) Acquisition and Placement of Lands Into Trust.--
[[Page 114 STAT. 2910]]
(1) In general.--The Secretary shall convey into trust
status lands purchased or otherwise acquired by the Tribe within
the areas described in paragraphs (2) and (3) in an amount not
to exceed 11,800 acres in accordance with the terms, conditions,
criteria, and procedures set forth in the Settlement Agreement
and this title. Subject to such terms, conditions, criteria, and
procedures, all lands purchased or otherwise acquired by the
Tribe and conveyed into trust status for the benefit of the
Tribe pursuant to the Settlement Agreement and this title shall
be considered as if such lands were so acquired in trust status
in 1909 except as: (i) to water rights as provided in subsection
(c); and (ii) to valid rights existing at the time of
acquisition pursuant to this title.
(2) Primary acquisition area.--
(A) In general.--The primary area within which lands
may be acquired pursuant to paragraph (1) consists of
the lands located in the Primary Acquisition Area, as
defined in the Settlement Agreement. The amount of
acreage that may be acquired from such area is 11,800
acres less the number of acres acquired and conveyed
into trust under paragraph (3).
(B) Effect of objection.--Lands referred to in
subparagraph (A) may not be acquired pursuant to
paragraph (1) if by majority vote the governing body of
the city within whose incorporated boundaries (as such
boundaries exist on the date of the Settlement
Agreement) the subject lands are situated within
formally objects to the Tribe's request to convey the
subject lands into trust and notifies the Secretary of
such objection in writing within 60 days of receiving a
copy of the Tribe's request in accordance with the
Settlement Agreement. Upon receipt of such a
notification, the Secretary shall deny the acquisition
request.
(3) Secondary acquisition area.--
(A) In general.--Not more than 640 acres of land may
be acquired pursuant to paragraph (1) from those certain
lands located in the Secondary Acquisition Area, as
defined in the Settlement Agreement.
(B) Effect of objection.--Lands referred to in
subparagraph (A) may not be acquired pursuant to
paragraph (1) if by majority vote--
(i) the governing body of the city within
whose incorporated boundaries (as such boundaries
exist on the date of the Settlement Agreement) the
subject lands are situated within; or
(ii) <<NOTE: Deadline.>> the governing body of
Riverside County, California, in the event that
such lands are located within an unincorporated
area,
formally objects to the Tribe's request to convey the
subject lands into trust and notifies the Secretary of
such objection in writing within 60 days of receiving a
copy of the Tribe's request in accordance with the
Settlement Agreement. Upon receipt of such a
notification, the Secretary shall deny the acquisition
request.
(4) Contiguous lands.--The Secretary shall not take any
lands into trust for the Tribe under generally applicable
Federal statutes or regulations where such lands are both--
[[Page 114 STAT. 2911]]
(A) contiguous to any lands within the Secondary
Acquisition Area that are taken into trust pursuant to
the terms of the Settlement Agreement and this title;
and
(B) situated outside the Secondary Acquisition Area.
(b) Restrictions on Gaming.--The Tribe may conduct gaming on only
one site within the lands acquired pursuant to subsection 6(a)(1) as
more particularly provided in the Settlement Agreement.
(c) Water Rights.--All lands acquired by the Tribe under subsection
(a) shall--
(1) be subject to all valid water rights existing at the
time of tribal acquisition, including (but not limited to) all
rights under any permit or license issued under the laws of the
State of California to commence an appropriation of water, to
appropriate water, or to increase the amount of water
appropriated;
(2) be subject to the paramount rights of any person who at
any time recharges or stores water in a ground water basin to
recapture or recover the recharged or stored water or to
authorize others to recapture or recover the recharged or stored
water; and
(3) continue to enjoy all valid water rights appurtenant to
the land existing immediately prior to the time of tribal
acquisition.
SEC. 607. <<NOTE: 25 USC 1778e.>> PERMANENT FLOWAGE EASEMENTS.
(a) Conveyance of Easement to Coachella Valley Water District.--
(1) Tribal interest.--The United States, in its capacity as
trustee for the Tribe, as well as for any affected Indian
allotment owners, and their successors and assigns, and the
Tribe in its own right and that of its successors and assigns,
shall convey to the Coachella Valley Water District a permanent
flowage easement as to all Indian trust lands (approximately
11,800 acres) located within and below the minus 220-foot
contour of the Salton Sink, in accordance with the terms and
conditions of the Settlement Agreement.
(2) United states interest.--The United States, in its own
right shall, notwithstanding any prior or present reservation or
withdrawal of land of any kind, convey to the Coachella Valley
Water District a permanent flowage easement as to all Federal
lands (approximately 110,000 acres) located within and below the
minus 220-foot contour of the Salton Sink, in accordance with
the terms and conditions of the Settlement Agreement.
(b) Conveyance of Easement to Imperial Irrigation District.--
(1) Tribal interest.--The United States, in its capacity as
trustee for the Tribe, as well as for any affected Indian
allotment owners, and their successors and assigns, and the
Tribe in its own right and that of its successors and assigns,
shall grant and convey to the Imperial Irrigation District a
permanent flowage easement as to all Indian trust lands
(approximately 11,800 acres) located within and below the minus
220-foot contour of the Salton Sink, in accordance with the
terms and conditions of the Settlement Agreement.
[[Page 114 STAT. 2912]]
(2) United states.--The United States, in its own right
shall, notwithstanding any prior or present reservation or
withdrawal of land of any kind, grant and convey to the Imperial
Irrigation District a permanent flowage easement as to all
Federal lands (approximately 110,000 acres) located within and
below the minus 220-foot contour of the Salton Sink, in
accordance with the terms and conditions of the Settlement
Agreement.
SEC. 608. <<NOTE: 25 USC 1778f.>> SATISFACTION OF CLAIMS, WAIVERS, AND
RELEASES.
(a) Satisfaction of Claims.--The benefits available to the Tribe and
the allottees under the terms and conditions of the Settlement Agreement
and the provisions of this title shall constitute full and complete
satisfaction of the claims by the Tribe and the allottees arising from
or related to the inundation and lack of drainage of tribal and allottee
lands described in section 602 of this title and further defined in the
Settlement Agreement.
(b) Approval of Waivers and Releases.--The United States hereby
approves and confirms the releases and waivers required by the
Settlement Agreement and this title.
SEC. 609. <<NOTE: 25 USC 1778g.>> MISCELLANEOUS PROVISIONS.
(a) Eligibility for Benefits.--Nothing in this title or the
Settlement Agreement shall affect the eligibility of the Tribe or its
members for any Federal program or diminish the trust responsibility of
the United States to the Tribe and its members.
(b) Eligibility for Other Services Not Affected.--No payment
pursuant to this title shall result in the reduction or denial of any
Federal services or programs to the Tribe or to members of the Tribe, to
which they are entitled or eligible because of their status as a
federally recognized Indian tribe or member of the Tribe.
(c) Preservation of Existing Rights.--Except as provided in this
title or the Settlement Agreement, any right to which the Tribe is
entitled under existing law shall not be affected or diminished.
(d) Amendment of Settlement Agreement.--The Settlement Agreement may
be amended from time to time in accordance with its terms and conditions
to the extent that such amendments are not inconsistent with the trust
land acquisition provisions of the Settlement Agreement, as such
provisions existed on--
(1) the date of the enactment of this Act, in the case of
Modifications One and Three; and
(2) September 14, 2000, in the case of Modification Four.
SEC. 610. <<NOTE: 25 USC 1778h.>> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title.
SEC. 611. <<NOTE: 25 USC 1778 note.>> EFFECTIVE DATE.
(a) In General.--Except as provided by subsection (b), this title
shall take effect on the date of the enactment of this Act.
(b) Exception.--Sections 4, 5, 6, 7, and 8 shall take effect on the
date on which the Secretary determines the following conditions have
been met:
(1) The Tribe agrees to the Settlement Agreement and the
provisions of this title and executes the releases and waivers
required by the Settlement Agreement and this title.
[[Page 114 STAT. 2913]]
(2) The Coachella Valley Water District agrees to the
Settlement Agreement and to the provisions of this title.
(3) The Imperial Irrigation District agrees to the
Settlement Agreement and to the provisions of this title.
TITLE <<NOTE: Shawnee Tribe Status Act of 2000.>> VII--SHAWNEE TRIBE
STATUS
SEC. 701. <<NOTE: 25 USC 1041 note.>> SHORT TITLE.
This title may be cited as the ``Shawnee Tribe Status Act of 2000''.
SEC. 702. <<NOTE: 25 USC 1041.>> FINDINGS.
Congress finds the following:
(1) The Cherokee Shawnees, also known as the Loyal Shawnees,
are recognized as the descendants of the Shawnee Tribe which was
incorporated into the Cherokee Nation of Indians of Oklahoma
pursuant to an agreement entered into by and between the Shawnee
Tribe and the Cherokee Nation on June 7, 1869, and approved by
the President on June 9, 1869, in accordance with Article XV of
the July 19, 1866, Treaty between the United States and the
Cherokee Nation (14 Stat. 799).
(2) The Shawnee Tribe from and after its incorporation and
its merger with the Cherokee Nation has continued to maintain
the Shawnee Tribe's separate culture, language, religion, and
organization, and a separate membership roll.
(3) The Shawnee Tribe and the Cherokee Nation have concluded
that it is in the best interests of the Shawnee Tribe and the
Cherokee Nation that the Shawnee Tribe be restored to its
position as a separate federally recognized Indian tribe and all
current and historical responsibilities, jurisdiction, and
sovereignty as it relates to the Shawnee Tribe, the Cherokee-
Shawnee people, and their properties everywhere, provided that
civil and criminal jurisdiction over Shawnee individually owned
restricted and trust lands, Shawnee tribal trust lands,
dependent Indian communities, and all other forms of Indian
country within the jurisdictional territory of the Cherokee
Nation and located within the State of Oklahoma shall remain
with the Cherokee Nation, unless consent is obtained by the
Shawnee Tribe from the Cherokee Nation to assume all or any
portion of such jurisdiction.
(4) On August 12, 1996, the Tribal Council of the Cherokee
Nation unanimously adopted Resolution 96-09 supporting the
termination by the Secretary of the Interior of the 1869
Agreement.
(5) On July 23, 1996, the Shawnee Tribal Business Committee
concurred in such resolution.
(6) On March 13, 2000, a second resolution was adopted by
the Tribal Council of the Cherokee Nation (Resolution 15-00)
supporting the submission of this legislation to Congress for
enactment.
SEC. 703. <<NOTE: 25 USC 1041a.>> DEFINITIONS.
In this title:
(1) Cherokee nation.--The term ``Cherokee Nation'' means the
Cherokee Nation, with its headquarters located in Tahlequah,
Oklahoma.
[[Page 114 STAT. 2914]]
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Shawnee Tribe,
known also as the ``Loyal Shawnee'' or ``Cherokee Shawnee'',
which was a party to the 1869 Agreement between the Cherokee
Nation and the Shawnee Tribe of Indians.
(4) Trust land.--The term ``trust land'' means land, the
title to which is held by the United States in trust for the
benefit of an Indian tribe or individual.
(5) Restricted land.--The term ``restricted land'' means any
land, the title to which is held in the name of an Indian or
Indian tribe subject to restrictions by the United States
against alienation.
SEC. 704. <<NOTE: 25 USC 1041b.>> FEDERAL RECOGNITION, TRUST
RELATIONSHIP, AND PROGRAM ELIGIBILITY.
(a) Federal Recognition.--The Federal recognition of the Tribe and
the trust relationship between the United States and the Tribe are
hereby reaffirmed. Except as otherwise provided in this title, the Act
of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 501 et seq.) (commonly known
as the ``Oklahoma Indian Welfare Act''), and all laws and rules of law
of the United States of general application to Indians, Indian tribes,
or Indian reservations which are not inconsistent with this title shall
apply to the Tribe, and to its members and lands. The Tribe is hereby
recognized as an independent tribal entity, separate from the Cherokee
Nation or any other Indian tribe.
(b) Program Eligibility.--
(1) In general.--Subject to the provisions of this
subsection, the Tribe and its members are eligible for all
special programs and services provided by the United States to
Indians because of their status as Indians.
(2) Continuation of benefits.--Except as provided in
paragraph (3), the members of the Tribe who are residing on land
recognized by the Secretary to be within the Cherokee Nation and
eligible for Federal program services or benefits through the
Cherokee Nation shall receive such services or benefits through
the Cherokee Nation.
(3) Administration by tribe.--The Tribe shall be eligible to
apply for and administer the special programs and services
provided by the United States to Indians because of their status
as Indians, including such programs and services within land
recognized by the Secretary to be within the Cherokee Nation, in
accordance with applicable laws and regulations to the same
extent that the Cherokee Nation is eligible to apply for and
administer programs and services, but only--
(A) if the Cherokee Nation consents to the operation
by the Tribe of federally funded programs and services;
(B) if the benefits of such programs or services are
to be provided to members of the Tribe in areas
recognized by the Secretary to be under the jurisdiction
of the Tribe and outside of land recognized by the
Secretary to be within the Cherokee Nation, so long as
those members are not receiving such programs or
services from another Indian tribe; or
[[Page 114 STAT. 2915]]
(C) if under applicable provisions of Federal law,
the Cherokee Nation is not eligible to apply for and
administer such programs or services.
(4) Duplication of services not allowed.--The Tribe shall
not be eligible to apply for or administer any Federal programs
or services on behalf of Indians recipients if such recipients
are receiving or are eligible to receive the same federally
funded programs or services from the Cherokee Nation.
(5) Cooperative agreements.--Nothing in this section shall
restrict the Tribe and the Cherokee Nation from entering into
cooperative agreements to provide such programs or services and
such funding agreements shall be honored by Federal agencies,
unless otherwise prohibited by law.
SEC. 705. <<NOTE: 25 USC 1041c.>> ESTABLISHMENT OF A TRIBAL ROLL.
(a) Approval <<NOTE: Deadline.>> of Base Roll.--Not later than 180
days after the date of the enactment of this Act, the Tribe shall submit
to the Secretary for approval its base membership roll, which shall
include only individuals who are not members of any other federally
recognized Indian tribe or who have relinquished membership in such
tribe and are eligible for membership under subsection (b).
(b) Base Roll Eligibility.--An individual is eligible for enrollment
on the base membership roll of the Tribe if that individual--
(1) is on, or eligible to be on, the membership roll of
Cherokee Shawnees maintained by the Tribe prior to the date of
the enactment of this Act which is separate from the membership
roll of the Cherokee Nation; or
(2) is a lineal descendant of any person--
(A) who was issued a restricted fee patent to land
pursuant to Article 2 of the Treaty of May 10, 1854,
between the United States and the Tribe (10 Stat. 1053);
or
(B) whose name was included on the 1871 Register of
names of those members of the Tribe who moved to, and
located in, the Cherokee Nation in Indian Territory
pursuant to the Agreement entered into by and between
the Tribe and the Cherokee Nation on June 7, 1869.
(c) Future Membership.--Future membership in the Tribe shall be as
determined under the eligibility requirements set out in subsection
(b)(2) or under such future membership ordinance as the Tribe may adopt.
SEC. 706. <<NOTE: 25 USC 1041d.>> ORGANIZATION OF THE TRIBE; TRIBAL
CONSTITUTION.
(a) Existing Constitution and Governing Body.--The existing
constitution and bylaws of the Cherokee Shawnee and the officers and
members of the Shawnee Tribal Business Committee, as constituted on the
date of the enactment of this Act, are hereby recognized respectively as
the governing documents and governing body of the Tribe.
(b) Constitution.--Notwithstanding subsection (a), the Tribe shall
have a right to reorganize its tribal government pursuant to section 3
of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 503).
SEC. 707. <<NOTE: 25 USC 1041e.>> TRIBAL LAND.
(a) Land Acquisition.--
[[Page 114 STAT. 2916]]
(1) In general.--The Tribe shall be eligible to have land
acquired in trust for its benefit pursuant to section 5 of the
Act of June 18, 1934 (48 Stat. 985; 25 U.S.C. 465) and section 1
of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 501).
(2) Certain land in oklahoma.--Notwithstanding any other
provision of law but subject to subsection (b), if the Tribe
transfers any land within the boundaries of the State of
Oklahoma to the Secretary, the Secretary shall take such land
into trust for the benefit of the Tribe.
(b) Restriction.--No land recognized by the Secretary to be within
the Cherokee Nation or any other Indian tribe may be taken into trust
for the benefit of the Tribe under this section without the consent of
the Cherokee Nation or such other tribe, respectively.
SEC. 708. <<NOTE: 25 USC 1041f.>> JURISDICTION.
(a) In General.--The Tribe shall have jurisdiction over trust land
and restricted land of the Tribe and its members to the same extent that
the Cherokee Nation has jurisdiction over land recognized by the
Secretary to be within the Cherokee Nation and its members, but only if
such land--
(1) is not recognized by the Secretary to be within the
jurisdiction of another federally recognized tribe; or
(2) has been placed in trust or restricted status with the
consent of the federally recognized tribe within whose
jurisdiction the Secretary recognizes the land to be, and only
to the extent that the Tribe's jurisdiction has been agreed to
by that host tribe.
(b) Rule of Construction.--Nothing in this title shall be construed
to diminish or otherwise limit the jurisdiction of any Indian tribe that
is federally recognized on the day before the date of the enactment of
this Act over trust land, restricted land, or other forms of Indian
country of that Indian tribe on such date.
SEC. 709. <<NOTE: 25 USC 1041g.>> INDIVIDUAL INDIAN LAND.
Nothing in this title shall be construed to affect the restrictions
against alienation of any individual Indian's land and those
restrictions shall continue in force and effect.
SEC. 710. <<NOTE: 25 USC 1041h.>> TREATIES NOT AFFECTED.
No provision of this title shall be construed to constitute an
amendment, modification, or interpretation of any treaty to which a
tribe referred to in this title is a party nor to any right secured to
such a tribe or to any other tribe by any treaty.
TITLE <<NOTE: Native American Laws Technical Corrections Act of
2000.>> VIII--TECHNICAL CORRECTIONS
SEC. 801. <<NOTE: 25 USC 450 note.>> SHORT TITLE.
This title may be cited as the ``Native American Laws Technical
Corrections Act of 2000''.
[[Page 114 STAT. 2917]]
Subtitle A--Miscellaneous Technical Provisions
SEC. 811. TECHNICAL CORRECTION TO AN ACT AFFECTING THE STATUS OF
MISSISSIPPI CHOCTAW LANDS AND ADDING SUCH LANDS TO THE
CHOCTAW RESERVATION.
Section <<NOTE: Ante, p. 462.>> 1(a)(2) of Public Law 106-228 (an
Act to make technical corrections to the status of certain land held in
trust for the Mississippi Band of Choctaw Indians, to take certain land
into trust for that Band, and for other purposes) is amended by striking
``September 28, 1999'' and inserting ``February 7, 2000''.
SEC. 812. TECHNICAL CORRECTIONS CONCERNING THE FIVE CIVILIZED TRIBES OF
OKLAHOMA.
(a) Indian Self-Determination Act.--Section 1(b)(15)(A) of the model
agreement set forth in section 108(c) of the Indian Self-Determination
Act (25 U.S.C. 450l(c)) is amended--
(1) by striking ``and section 16'' and inserting ``, section
16''; and
(2) by striking ``shall not'' and inserting ``and the Act of
July 3, 1952 (25 U.S.C. 82a), shall not''.
(b) Indian Self-Determination and Education Assistance Act.--Section
403(h)(2) of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 458cc(h)(2)) is amended--
(1) by striking ``and section'' and inserting ``section'';
and
(2) by striking ``shall not'' and inserting ``and the Act of
July 3, 1952 (25 U.S.C. 82a), shall not''.
(c) Repeals.--The following provisions of law are repealed:
(1) Section 2106 of the Revised Statutes (25 U.S.C. 84).
(2) Sections 438 and 439 of title 18, United States Code.
SEC. 813. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO THE RED LAKE
BAND OF CHIPPEWA INDIANS AND THE MINNESOTA CHIPPEWA TRIBES.
(a) Red Lake Band of Chippewa Indians.--Notwithstanding any other
provision of law, the balances of all expert assistance loans made to
the Red Lake Band of Chippewa Indians under the authority of Public Law
88-168 (77 Stat. 301), and relating to Red Lake Band v. United States
(United States Court of Federal Claims Docket Nos. 189 A, B, C), are
canceled and the Secretary of the Interior shall take such action as may
be necessary to document such cancellation and to release the Red Lake
Band of Chippewa Indians from any liability associated with such loans.
(b) Minnesota Chippewa Tribe.--Notwithstanding any other provision
of law, the balances of all expert assistance loans made to the
Minnesota Chippewa Tribe under the authority of Public Law 88-168 (77
Stat. 301), and relating to Minnesota Chippewa Tribe v. United States
(United States Court of Federal Claims Docket Nos. 19 and 188), are
canceled and the Secretary of the Interior shall take such action as may
be necessary to document such cancellation and to release the Minnesota
Chippewa Tribe from any liability associated with such loans.
[[Page 114 STAT. 2918]]
SEC. 814. TECHNICAL AMENDMENT TO THE INDIAN CHILD PROTECTION AND FAMILY
VIOLENCE PROTECTION ACT.
Section 408(b) of the Indian Child Protection and Family Violence
Prevention Act (25 U.S.C. 3207(b)) is amended--
(1) by striking ``any offense'' and inserting ``any
felonious offense, or any of two or more misdemeanor
offenses,''; and
(2) by striking ``or crimes against persons'' and inserting
``crimes against persons; or offenses committed against
children''.
SEC. 815. TECHNICAL AMENDMENT TO EXTEND THE AUTHORIZATION PERIOD UNDER
THE INDIAN HEALTH CARE IMPROVEMENT ACT.
The authorization of appropriations for, and the duration of, each
program or activity under the Indian Health Care Improvement Act (25
U.S.C. 1601 et seq.) is extended through fiscal year 2001.
SEC. 816. TECHNICAL AMENDMENT TO EXTEND THE AUTHORIZATION PERIOD UNDER
THE INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND
TREATMENT ACT OF 1986.
The authorization of appropriations for, and the duration of, each
program or activity under the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986 (25 U.S.C. 2401 et seq.) is
extended through fiscal year 2001.
SEC. 817. MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL
ENVIRONMENTAL POLICY FOUNDATION.
(a) Authority.--Section 6(7) of the Morris K. Udall Scholarship and
Excellence in National Environmental and Native American Public Policy
Act of 1992 (20 U.S.C. 5604(7)) is amended by inserting before the
semicolon at the end the following: ``, by conducting management and
leadership training of Native Americans, Alaska Natives, and others
involved in tribal leadership, providing assistance and resources for
policy analysis, and carrying out other appropriate activities.''.
(b) Administrative Provisions.--Section 12(b) of the Morris K. Udall
Scholarship and Excellence in National Environmental and Native American
Public Policy Act of 1992 (20 U.S.C. 5608(b)) is amended by inserting
before the period at the end the following: ``and to the activities of
the Foundation under section 6(7)''.
(c) Authorization of Appropriations.--Section 13 of the Morris K.
Udall Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5609) is amended by adding
at the end the following:
``(c) Training of Professionals in Health Care and Public Policy.--
There is authorized to be appropriated to carry out section 6(7)
$12,300,000 for the 5-fiscal year period beginning with the fiscal year
in which this subsection is enacted.''.
SEC. 818. TECHNICAL AMENDMENT REGARDING THE TREATMENT OF CERTAIN INCOME
FOR PURPOSES OF FEDERAL ASSISTANCE.
Section 7 of the Act of October 19, 1973 (25 U.S.C. 1407) is
amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by adding ``or'' at the end; and
(3) by inserting after paragraph (3), the following:
[[Page 114 STAT. 2919]]
``(4) are paid by the State of Minnesota to the Bois Forte
Band of Chippewa Indians pursuant to the agreements of such Band
to voluntarily restrict tribal rights to hunt and fish in
territory cede under the Treaty of September 30, 1854 (10 Stat.
1109), including all interest accrued on such funds during any
period in which such funds are held in a minor's trust,''.
SEC. 819. LAND TO BE TAKEN INTO TRUST.
Notwithstanding any other provision of law, the Secretary of the
Interior shall accept for the benefit of the Lytton Rancheria of
California the land described in that certain grant deed dated and
recorded on October 16, 2000, in the official records of the County of
Contra Costa, California, Deed Instrument Number 2000-229754. The
Secretary shall declare that such land is held in trust by the United
States for the benefit of the Rancheria and that such land is part of
the reservation of such Rancheria under sections 5 and 7 of the Act of
June 18, 1934 (48 Stat. 985; 25 U.S.C. 467). Such land shall be deemed
to have been held in trust and part of the reservation of the Rancheria
prior to October 17, 1988.
Subtitle <<NOTE: Santa Fe Indian School Act.>> B--Santa Fe Indian School
SEC. 821. SHORT TITLE.
This subtitle may be cited as the ``Santa Fe Indian School Act''.
SEC. 822. DEFINITIONS.
In this subtitle:
(1) 19 pueblos.--The term ``19 Pueblos'' means the Indian
pueblos of Acoma, Cochiti Isleta, Jemen, Laguna, Nambe, Picuris,
Pojoaque, San Felipe, San Ildefonso, San Juan, Sandia, Santa
Ana, Santa Clara, Santo Domingo, Taos, Tesuque, Zia, and Zuni.
(2) Santa fe indian school, Inc..--The term ``Santa Fe
Indian School, Inc.'' means a corporation chartered under laws
of the State of New Mexico.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 823. TRANSFER OF CERTAIN LANDS FOR USE AS THE SANTA FE INDIAN
SCHOOL.
(a) In General.--All right, title, and interest of the United States
in and to the land, including improvements and appurtenances thereto,
described in subsection (b) are declared to be held in trust for the
benefit of the 19 Pueblos of New Mexico.
(b) Land.--
(1) In general.--The land described in this subsection is
the tract of land, located in the city and county of Santa Fe,
New Mexico, upon which the Santa Fe Indian School is located and
more particularly described as all that certain real property,
excluding the tracts described in paragraph (2), as shown in the
United Sates General Land Office Plat of the United States
Indian School Tract dated March 19, 1937, and recorded at Book
363, Page 024, Office of the Clerk, Santa Fe County, New Mexico,
containing a total acreage of 131.43 acres, more or less.
[[Page 114 STAT. 2920]]
(2) Exclusions.--The excluded tracts described in this
paragraph are all portions of any tracts heretofore conveyed by
the deeds recorded in the Office of the Clerk, Santa Fe County,
New Mexico, at--
(A) Book 114, Page 106, containing 0.518 acres, more
or less;
(B) Book 122, Page 45, containing 0.238 acres, more
or less;
(C) Book 123, Page 228, containing 14.95, more or
less; and
(D) Book 130, Page 84, containing 0.227 acres, more
or less,
leaving, as the net acreage to be included in the land described
in paragraph (1) and taken into trust pursuant to subsection
(a), a tract containing 115.5 acres, more or less.
(c) Limitations and Conditions.--The land taken into trust pursuant
to subsection (a) shall remain subject to--
(1) any existing encumbrances, rights of way, restrictions,
or easements of record;
(2) the right of the Indian Health Service to continue use
and occupancy of 10.23 acres of such land which are currently
occupied by the Santa Fe Indian Hospital and its parking
facilities as more fully described as Parcel ``A'' in legal
description No. Pd-K-51-06-01 and recorded as Document No. 059-
3-778, Bureau of Indian Affairs Land Title & Records Office,
Albuquerque, New Mexico; and
(3) the right of the United States to use, without cost,
additional portions of land transferred pursuant to this
section, which are contiguous to the land described in paragraph
(2), for purposes of the Indian Health Service.
SEC. 824. LAND USE.
(a) Limitation for Educational and Cultural Purposes.--The land
taken into trust under section 823(a) shall be used solely for the
educational, health, or cultural purposes of the Santa Fe Indian School,
including use for related non-profit or technical programs, as operated
by Santa Fe Indian School, Inc. on the date of the enactment of this
Act.
(b) Reversion.--
(1) In general.--If the Secretary determines that the land
taken into trust under section 823(a) is not being used as
required under subsection (a), the Secretary shall provide
appropriate notice to the 19 Pueblos of such noncompliance and
require the 19 Pueblos to comply with the requirements of this
subtitle.
(2) Continued failure to comply.--If the Secretary, after
providing notice under paragraph (1) and after the expiration of
a reasonable period of time, determines that the noncompliance
that was the subject of the notice has not been corrected, the
land shall revert to the United States.
(c) Applicability of Laws.--Except as otherwise provided in this
subtitle, the land taken into trust under section 823(a) shall be
subject to the laws of the United States relating to Indian lands.
(d) Gaming.--Gaming, as defined and regulated by the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.), shall be prohibited on the land
taken into trust under subsection (a).
[[Page 114 STAT. 2921]]
TITLE <<NOTE: California Indian Land Transfer Act.>> IX--CALIFORNIA
INDIAN LAND TRANSFER
SEC. 901. SHORT TITLE.
This title may be cited as the ``California Indian Land Transfer
Act''.
SEC. 902. LANDS HELD IN TRUST FOR VARIOUS TRIBES OF CALIFORNIA INDIANS.
(a) In General.--Subject to valid existing rights, all right, title,
and interest of the United States in and to the lands, including
improvements and appurtenances, described in a paragraph of subsection
(b) in connection with the respective tribe, band, or group of Indians
named in such paragraph are hereby declared to be held in trust by the
United States for the benefit of such tribe, band, or group. Real
property taken into trust pursuant to this subsection shall not be
considered to have been taken into trust for gaming (as that term is
used in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)).
(b) Lands Described.--The lands described in this subsection,
comprising approximately 3,525.8 acres, and the respective tribe, band,
or group, are as follows:
(1) Pit river tribe.--Lands to be held in trust for the Pit
River Tribe are comprised of approximately 561.69 acres
described as follows:
Mount Diablo Base and Meridian
Township 42 North, Range 13 East
Section 3:
S\1/2\ NW\1/4\, NW\1/4\ NW\1/4\, 120 acres.
Township 43 North, Range 13 East
Section 1:
N\1/2\ NE\1/4\, 80 acres,
Section 22:
SE\1/4\ SE\1/4\, 40 acres,
Section 25:
SE\1/4\ NW\1/4\, 40 acres,
Section 26:
SW\1/4\ SE\1/4\, 40 acres,
Section 27:
SE\1/4\ NW\1/4\, 40 acres,
Section 28:
NE\1/4\ SW\1/4\, 40 acres,
Section 32:
SE\1/4\ SE\1/4\, 40 acres,
Section 34:
SE\1/4\ NW\1/4\, 40 acres,
Township 44 North, Range 14 East,
Section 31:
S\1/2\ SW\1/4\, 80 acres.
(2) Fort independence community of paiute indians.--Lands to
be held in trust for the Fort Independence Community
[[Page 114 STAT. 2922]]
of Paiute Indians are comprised of approximately 200.06 acres
described as follows:
Mount Diablo Base and Meridian
Township 13 South, Range 34 East
Section 1:
W\1/2\ of Lot 5 in the NE<plus-minus>\1/4\, Lot 3, E\1/2\ of
Lot 4, and E\1/2\ of Lot 5 in the NW\1/4\.
(3) Barona group of capitan grande band of mission
indians.--Lands to be held in trust for the Barona Group of
Capitan Grande Band of Mission Indians are comprised of
approximately 5.03 acres described as follows:
San Bernardino Base and Meridian
Township 14 South, Range 2 East
Section 7, Lot 15.
(4) Cuyapaipe band of mission indians.--Lands to be held in
trust for the Cuyapaipe Band of Mission Indians are comprised of
approximately 1,360 acres described as follows:
San Bernardino Base and Meridian
Township 15 South, Range 6 East
Section 21:
All of this section.
Section 31:
NE\1/4\, N\1/2\SE\1/4\, SE\1/4\SE\1/4\.
Section 32:
W\1/2\SW\1/4\, NE\1/4\SW\1/4\, NW\1/4\SE\1/4\.
Section 33:
SE\1/4\, SW\1/4\SW\1/4\, E\1/2\SW\1/4\.
(5) Manzanita band of mission indians.--Lands to be held in
trust for the Manzanita Band of Mission Indians are comprised of
approximately 1,000.78 acres described as follows:
San Bernardino Base and Meridian
Township 16 South, Range 6 East
Section 21:
Lots 1, 2, 3, and 4, S\1/2\.
Section 25:
Lots 2 and 5.
Section 28:
Lots, 1, 2, 3, and 4, N\1/2\SE\1/4\.
(6) Morongo band of mission indians.--Lands to be held in
trust for the Morongo Band of Mission Indians are comprised of
approximately 40 acres described as follows:
San Bernardino Base and Meridian
Township 3 South, Range 2 East
Section 20:
NW\1/4\ of NE\1/4\.
(7) Pala band of mission indians.--Lands to be held in trust
for the Pala Band of Mission Indians are comprised of
approximately 59.20 acres described as follows:
[[Page 114 STAT. 2923]]
San Bernardino Base and Meridian
Township 9 South, Range 2 West
Section 13, Lot 1, and Section 14, Lots 1, 2, 3.
(8) Fort bidwell community of paiute indians.--Lands to be
held in trust for the Fort Bidwell Community of Paiute Indians
are comprised of approximately 299.04 acres described as
follows:
Mount Diablo Base and Meridian
Township 46 North, Range 16 East
Section 8:
SW\1/4\SW\1/4\.
Section 19:
Lots 5, 6, 7.
S\1/2\NE\1/4\, SE\1/4\NW\1/4\, NE\1/4\SE\1/4\.
Section 20:
Lot 1.
SEC. 903. MISCELLANEOUS PROVISIONS.
(a) Proceeds From Rents and Royalties Transferred to Indians.--
Amounts which accrue to the United States after the date of the
enactment of this Act from sales, bonuses, royalties, and rentals
relating to any land described in section 902 shall be available for use
or obligation, in such manner and for such purposes as the Secretary may
approve, by the tribe, band, or group of Indians for whose benefit such
land is taken into trust.
(b) Notice of Cancellation of Grazing Preferences.--Grazing
preferences on lands described in section 902 shall terminate 2 years
after the date of the enactment of this Act.
(c) Laws Governing Lands To Be Held in Trust.--
(1) In general.--Any lands which are to be held in trust for
the benefit of any tribe, band, or group of Indians pursuant to
this Act shall be added to the existing reservation of the
tribe, band, or group, and the official boundaries of the
reservation shall be modified accordingly.
(2) Applicability of laws of the united states.--The lands
referred to in paragraph (1) shall be subject to the laws of the
United States relating to Indian land in the same manner and to
the same extent as other lands held in trust for such tribe,
band, or group on the day before the date of the enactment of
this Act.
TITLE X--NATIVE AMERICAN HOMEOWNERSHIP
SEC. 1001. <<NOTE: 25 USC 4043 note.>> LANDS TITLE REPORT COMMISSION.
(a) Establishment.--Subject to sums being provided in advance in
appropriations Acts, there is established a Commission to be known as
the Lands Title Report Commission (hereafter in this section referred to
as the ``Commission'') to facilitate home loan mortgages on Indian trust
lands. The Commission will be subject to oversight by the Committee on
Banking and Financial
[[Page 114 STAT. 2924]]
Services of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
(b) Membership.--
(1) Appointment.--The Commission shall be composed of 12
members, appointed not later than 90 days after the date of the
enactment of this Act as follows:
(A) Four members shall be appointed by the
President.
(B) Four members shall be appointed by the
chairperson of the Committee on Banking and Financial
Services of the House of Representatives.
(C) Four members shall be appointed by the
chairperson of the Committee on Banking, Housing, and
Urban Affairs of the Senate.
(2) Qualifications.--
(A) Members of tribes.--At all times, not less than
eight of the members of the Commission shall be members
of federally recognized Indian tribes.
(B) Experience in land title matters.--All members
of the Commission shall have experience in and knowledge
of land title matters relating to Indian trust lands.
(3) Chairperson.--The Chairperson of the Commission shall be
one of the members of the Commission appointed under paragraph
(1)(C), as elected by the members of the Commission.
(4) Vacancies.--Any vacancy on the Commission shall not
affect its powers, but shall be filled in the manner in which
the original appointment was made.
(5) Travel expenses.--Members of the Commission shall serve
without pay, but each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States Code.
(c) Initial Meeting.--The Chairperson of the Commission shall call
the initial meeting of the Commission. Such meeting shall be held within
30 days after the Chairperson of the Commission determines that sums
sufficient for the Commission to carry out its duties under this Act
have been appropriated for such purpose.
(d) Duties.--The Commission shall analyze the system of the Bureau
of Indian Affairs of the Department of the Interior for maintaining land
ownership records and title documents and issuing certified title status
reports relating to Indian trust lands and, pursuant to such analysis,
determine how best to improve or replace the system--
(1) to ensure prompt and accurate responses to requests for
title status reports;
(2) to eliminate any backlog of requests for title status
reports; and
(3) to ensure that the administration of the system will not
in any way impair or restrict the ability of Native Americans to
obtain conventional loans for purchase of residences located on
Indian trust lands, including any actions necessary to ensure
that the system will promptly be able to meet future demands for
certified title status reports, taking into account the
anticipated complexity and volume of such requests.
(e) Report.--Not <<NOTE: Deadline.>> later than the date of the
termination of the Commission under subsection (h), the Commission shall
submit a report to the Committee on Banking and Financial Services
[[Page 114 STAT. 2925]]
of the House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate describing the analysis and
determinations made pursuant to subsection (d).
(f ) Powers.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this section, hold hearings, sit and act
at times and places, take testimony, and receive evidence as the
Commission considers appropriate.
(2) Staff of federal agencies.--Upon request of the
Commission, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying
out its duties under this section.
(3) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this section.
Upon request of the Chairperson of the Commission, the head of
that department or agency shall furnish that information to the
Commission.
(4) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(5) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its duties under this section.
(6) Staff.--The Commission may appoint personnel as it
considers appropriate, subject to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and shall pay such personnel in accordance with the
provisions of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General Schedule pay
rates.
(g) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $500,000. Such sums shall remain
available until expended.
(h) Termination.--The Commission shall terminate 1 year after the
date of the initial meeting of the Commission.
SEC. 1002. LOAN GUARANTEES.
Section 184(i) of the Housing and Community Development Act of 1992
(12 U.S.C. 1715z-13a(i)) is amended--
(1) in paragraph (5), by striking subparagraph (C) and
inserting the following new subparagraph:
``(C) Limitation on outstanding aggregate principal
amount.--Subject to the limitations in subparagraphs (A)
and (B), the Secretary may enter into commitments to
guarantee loans under this section in each fiscal year
with an aggregate outstanding principal amount not
exceeding such amount as may be provided in
appropriation Acts for such fiscal year.''; and
(2) in paragraph (7), by striking ``each of fiscal years
1997, 1998, 1999, 2000, and 2001'' and inserting ``each fiscal
year''.
SEC. 1003. NATIVE AMERICAN HOUSING ASSISTANCE.
(a) Restriction on Waiver Authority.--
(1) In general.--Section 101(b)(2) of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
[[Page 114 STAT. 2926]]
U.S.C. 4111(b)(2)) is amended by striking ``if the Secretary''
and all that follows through the period at the end and inserting
the following: ``for a period of not more than 90 days, if the
Secretary determines that an Indian tribe has not complied with,
or is unable to comply with, those requirements due to exigent
circumstances beyond the control of the Indian tribe.''.
(2) Local cooperation agreement.--Section 101(c) of the
Native American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4111(c)) is amended by adding at the end the
following: ``The Secretary may waive the requirements of this
subsection and subsection (d) if the recipient has made a good
faith effort to fulfill the requirements of this subsection and
subsection (d) and agrees to make payments in lieu of taxes to
the appropriate taxing authority in an amount consistent with
the requirements of subsection (d)(2) until such time as the
matter of making such payments has been resolved in accordance
with subsection (d).''.
(b) Assistance to Families That Are Not Low-Income.--Section 102(c)
of the Native American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4112(c)) is amended by adding at the end the following:
``(6) Certain families.--With respect to assistance provided
under section 201(b)(2) by a recipient to Indian families that
are not low-income families, evidence that there is a need for
housing for each such family during that period that cannot
reasonably be met without such assistance.''.
(c) Elimination of Waiver Authority for Small Tribes.--Section 102
of the Native American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4112) is amended--
(1) by striking subsection (f ); and
(2) by redesignating subsection (g) as subsection (f ).
(d) Environmental Compliance.--Section 105 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4115)
is amended by adding at the end the following:
``(d) Environmental Compliance.--The Secretary may waive the
requirements under this section if the Secretary determines that a
failure on the part of a recipient to comply with provisions of this
section--
``(1) will not frustrate the goals of the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) or any
other provision of law that furthers the goals of that Act;
``(2) does not threaten the health or safety of the
community involved by posing an immediate or long-term hazard to
residents of that community;
``(3) is a result of inadvertent error, including an
incorrect or incomplete certification provided under subsection
(c)(1); and
``(4) may be corrected through the sole action of the
recipient.''.
(e) Eligibility of Law Enforcement Officers for Housing
Assistance.--Section 201(b) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4131(b)) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (4)'';
(2) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
[[Page 114 STAT. 2927]]
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) Law enforcement officers.--A recipient may provide
housing or housing assistance provided through affordable
housing activities assisted with grant amounts under this Act
for a law enforcement officer on an Indian reservation or other
Indian area, if--
``(A) the officer--
``(i) is employed on a full-time basis by the
Federal Government or a State, county, or lawfully
recognized tribal government; and
``(ii) in implementing such full-time
employment, is sworn to uphold, and make arrests
for, violations of Federal, State, county, or
tribal law; and
``(B) the recipient determines that the presence of
the law enforcement officer on the Indian reservation or
other Indian area may deter crime.''.
(f ) Oversight.--
(1) Repayment.--Section 209 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4139)
is amended to read as follows:
``SEC. 209. NONCOMPLIANCE WITH AFFORDABLE HOUSING REQUIREMENT.
``If a recipient uses grant amounts to provide affordable housing
under this title, and at any time during the useful life of the housing
the recipient does not comply with the requirement under section
205(a)(2), the Secretary shall take appropriate action under section
401(a).''.
(2) Audits and reviews.--Section 405 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C.
4165) is amended to read as follows:
``SEC. 405. REVIEW AND AUDIT BY SECRETARY.
``(a) Requirements Under Chapter 75 of Title 31, United States
Code.--An entity designated by an Indian tribe as a housing entity shall
be treated, for purposes of chapter 75 of title 31, United States Code,
as a non-Federal entity that is subject to the audit requirements that
apply to non-Federal entities under that chapter.
``(b) Additional Reviews and Audits.--
``(1) In general.--In addition to any audit or review under
subsection (a), to the extent the Secretary determines such
action to be appropriate, the Secretary may conduct an audit or
review of a recipient in order to--
``(A) determine whether the recipient--
``(i) has carried out--
``(I) eligible activities in a
timely manner; and
``(II) eligible activities and
certification in accordance with this
Act and other applicable law;
``(ii) has a continuing capacity to carry out
eligible activities in a timely manner; and
``(iii) is in compliance with the Indian
housing plan of the recipient; and
``(B) verify the accuracy of information contained
in any performance report submitted by the recipient
under section 404.
[[Page 114 STAT. 2928]]
``(2) On-site visits.--To the extent practicable, the
reviews and audits conducted under this subsection shall include
on-site visits by the appropriate official of the Department of
Housing and Urban Development.
``(c) Review of Reports.--
``(1) In <<NOTE: Deadline.>> general.--The Secretary shall
provide each recipient that is the subject of a report made by
the Secretary under this section notice that the recipient may
review and comment on the report during a period of not less
than 30 days after the date on which notice is issued under this
paragraph.
``(2) Public availability.--After taking into consideration
any comments of the recipient under paragraph (1), the
Secretary--
``(A) may revise the report; and
``(B) <<NOTE: Deadline.>> not later than 30 days
after the date on which those comments are received,
shall make the comments and the report (with any
revisions made under subparagraph (A)) readily available
to the public.
``(d) Effect of Reviews.--Subject to section 401(a), after reviewing
the reports and audits relating to a recipient that are submitted to the
Secretary under this section, the Secretary may adjust the amount of a
grant made to a recipient under this Act in accordance with the findings
of the Secretary with respect to those reports and audits.''.
(g) Allocation Formula.--Section 302(d)(1) of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C.
4152(d)(1)) is amended--
(1) by striking ``The formula,'' and inserting the
following:
``(A) In general.--Except with respect to an Indian
tribe described in subparagraph (B), the formula''; and
(2) by adding at the end the following:
``(B) Certain indian tribes.--With respect to fiscal
year 2001 and each fiscal year thereafter, for any
Indian tribe with an Indian housing authority that owns
or operates fewer than 250 public housing units, the
formula shall provide that if the amount provided for a
fiscal year in which the total amount made available for
assistance under this Act is equal to or greater than
the amount made available for fiscal year 1996 for
assistance for the operation and modernization of the
public housing referred to in subparagraph (A), then the
amount provided to that Indian tribe as modernization
assistance shall be equal to the average annual amount
of funds provided to the Indian tribe (other than funds
provided as emergency assistance) under the assistance
program under section 14 of the United States Housing
Act of 1937 (42 U.S.C. 1437l) for the period beginning
with fiscal year 1992 and ending with fiscal year
1997.''.
(h) Hearing Requirement.--Section 401(a) of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C.
4161(a)) is amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and realigning such
subparagraphs (as so redesignated) so as to be indented 4 ems
from the left margin;
[[Page 114 STAT. 2929]]
(2) by striking ``Except as provided'' and inserting the
following:
``(1) In general.--Except as provided'';
(3) by striking ``If the Secretary takes an action under
paragraph (1), (2), or (3)'' and inserting the following:
``(2) Continuance of actions.--If the Secretary takes an
action under subparagraph (A), (B), or (C) of paragraph (1)'';
and
(4) by adding at the end the following:
``(3) Exception for certain actions.--
``(A) In general.--Notwithstanding any other
provision of this subsection, if the Secretary makes a
determination that the failure of a recipient of
assistance under this Act to comply substantially with
any material provision (as that term is defined by the
Secretary) of this Act is resulting, and would continue
to result, in a continuing expenditure of Federal funds
in a manner that is not authorized by law, the Secretary
may take an action described in paragraph (1)(C) before
conducting a hearing.
``(B) Procedural requirement.--If the Secretary
takes an action described in subparagraph (A), the
Secretary shall--
``(i) provide notice to the recipient at the
time that the Secretary takes that action; and
``(ii) conduct a hearing not later than 60
days after the date on which the Secretary
provides notice under clause (i).
``(C) Determination.--Upon completion of a hearing
under this paragraph, the Secretary shall make a
determination regarding whether to continue taking the
action that is the subject of the hearing, or take
another action under this subsection.''.
(i) Performance Agreement Time Limit.--Section 401(b) of the Native
American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4161(b)) is amended--
(1) by striking ``If the Secretary'' and inserting the
following:
``(1) In general.--If the Secretary'';
(2) by striking ``(1) is not'' and inserting the following:
``(A) is not'';
(3) by striking ``(2) is a result'' and inserting the
following:
``(B) is a result'';
(4) in the flush material following paragraph (1)(B), as
redesignated by paragraph (3) of this subsection--
(A) by realigning such material so as to be indented
2 ems from the left margin; and
(B) by inserting before the period at the end the
following: ``, if the recipient enters into a
performance agreement with the Secretary that specifies
the compliance objectives that the recipient will be
required to achieve by the termination date of the
performance agreement''; and
(5) by adding at the end the following:
``(2) Performance agreement.--The period of a performance
agreement described in paragraph (1) shall be for 1 year.
``(3) Review.--Upon the termination of a performance
agreement entered into under paragraph (1), the Secretary
[[Page 114 STAT. 2930]]
shall review the performance of the recipient that is a party to
the agreement.
``(4) Effect of review.--If, on the basis of a review under
paragraph (3), the Secretary determines that the recipient--
``(A) has made a good faith effort to meet the
compliance objectives specified in the agreement, the
Secretary may enter into an additional performance
agreement for the period specified in paragraph (2); and
``(B) has failed to make a good faith effort to meet
applicable compliance objectives, the Secretary shall
determine the recipient to have failed to comply
substantially with this Act, and the recipient shall be
subject to an action under subsection (a).''.
( j) Labor Standards.--Section 104(b) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4114(b)) is
amended--
(1) in paragraph (1), by striking ``Davis-Bacon Act (40
U.S.C. 276a-276a-5)'' and inserting ``Act of March 3, 1931
(commonly known as the Davis-Bacon Act; chapter 411; 46 Stat.
1494; 40 U.S.C. 276a et seq.)''; and
(2) by adding at the end the following new paragraph:
``(3) Application of tribal laws.--Paragraph (1) shall not
apply to any contract or agreement for assistance, sale, or
lease pursuant to this Act, if such contract or agreement is
otherwise covered by one or more laws or regulations adopted by
an Indian tribe that requires the payment of not less than
prevailing wages, as determined by the Indian tribe.''.
(k) Technical and Conforming Amendments.--
(1) Table of contents.--Section 1(b) of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C.
4101 note) is amended in the table of contents--
(A) by striking the item relating to section 206;
and
(B) by striking the item relating to section 209 and
inserting the following:
``209. Noncompliance with affordable housing requirement.''.
(2) Certification of compliance with subsidy layering
requirements.--Section 206 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4136)
is repealed.
(3) Terminations.--Section 502(a) of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C.
4181(a)) is amended by adding at the end the following: ``Any
housing that is the subject of a contract for tenant-based
assistance between the Secretary and an Indian housing authority
that is terminated under this section shall, for the following
fiscal year and each fiscal year thereafter, be considered to be
a dwelling unit under section 302(b)(1).''.
TITLE <<NOTE: Indian Employment, Training, and Related Services
Demonstration Act Amendments of 2000.>> XI--INDIAN EMPLOYMENT, TRAINING
AND RELATED SERVICES
SEC. 1101. <<NOTE: 25 USC 3401 note.>> SHORT TITLE.
This title may be cited as the ``Indian Employment, Training, and
Related Services Demonstration Act Amendments of 2000''.
[[Page 114 STAT. 2931]]
SEC. 1102. <<NOTE: 25 USC 3401 note.>> FINDINGS, PURPOSES.
(a) Findings.--The Congress finds that--
(1) Indian tribes and Alaska Native organizations that have
participated in carrying out programs under the Indian
Employment, Training, and Related Services Demonstration Act of
1992 (25 U.S.C. 3401 et seq.) have--
(A) improved the effectiveness of employment-related
services provided by those tribes and organizations to
their members;
(B) enabled more Indian and Alaska Native people to
prepare for and secure employment;
(C) assisted in transitioning tribal members from
welfare to work; and
(D) otherwise demonstrated the value of integrating
employment, training, education and related services.
(E) the initiatives under the Indian Employment,
Training, and Related Services Demonstration Act of 1992
should be strengthened by ensuring that all Federal
programs that emphasize the value of work may be
included within a demonstration program of an Indian or
Alaska Native organization; and
(F) the initiatives under the Indian Employment,
Training, and Related Services Demonstration Act of 1992
should have the benefit of the support and attention of
the officials with policymaking authority of--
(i) the Department of the Interior; or
(ii) other Federal agencies that administer
programs covered by the Indian Employment,
Training, and Related Services Demonstration Act
of 1992.
(b) Purposes.--The purposes of this title are to demonstrate how
Indian tribal governments can integrate the employment, training, and
related services they provide in order to improve the effectiveness of
those services, reduce joblessness in Indian communities, foster
economic development on Indian lands, and serve tribally-determined
goals consistent with the policies of self-determination and self-
governance.
SEC. 1103. AMENDMENTS TO THE INDIAN EMPLOYMENT, TRAINING AND RELATED
SERVICES DEMONSTRATION ACT OF 1992.
(a) Definitions.--Section 3 of the Indian Employment, Training, and
Related Services Demonstration Act of 1992 (25 U.S.C. 3402) is amended--
(1) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively; and
(2) by inserting before paragraph (2) the following:
``(1) Federal agency.--The term `federal agency' has the
same meaning given the term `agency' in section 551(1) of title
5, United States Code.''.
(b) Programs Affected.--Section 5 of the Indian Employment,
Training, and Related Services Demonstration Act of 1992 (25 U.S.C.
3404) is amended by striking ``job training, tribal work experience,
employment opportunities, or skill development, or any program designed
for the enhancement of job opportunities or employment training'' and
inserting the following: ``assisting Indian youth and adults to succeed
in the workforce, encouraging self-sufficiency, familiarizing Indian
Youth and adults with the world
[[Page 114 STAT. 2932]]
of work, facilitating the creation of job opportunities and any services
related to these activities''.
(c) Plan Review.--Section 7 of the Indian Employment, Training, and
Related Services Demonstration Act of 1992 (25 U.S.C. 3406) is amended--
(1) by striking ``Federal department'' and inserting
``Federal agency'';
(2) by striking ``Federal departmental'' and inserting
``Federal agency'';
(3) by striking ``department'' each place it appears and
inserting ``agency''; and
(4) in the third sentence, by inserting ``statutory
requirement,'', after ``to waive any''.
(d) Plan Approval.--Section 8 of the Indian Employment, Training,
and Related Services Demonstration Act of 1992 (25 U.S.C. 3407) is
amended--
(1) in the first sentence, by inserting before the period at
the end the following; ``, including any request for a waiver
that is made as part of the plan submitted by the tribal
government''; and
(2) in the second sentence, by inserting before the period
at the end the following: ``, including reconsidering the
disapproval of any waiver requested by the Indian tribe''.
(e) Job Creation Activities Authorized.--Section 9 of the Indian
Employment, Training, and Related Services Demonstration Act of 1992 (25
U.S.C. 3407) <<NOTE: 25 USC 3408.>> is amended--
(1) by inserting ``(a) In General.--'' before ``The plan
submitted''; and
(2) by adding at the end the following:
``(b) Job Creation Opportunities.--
``(1) In general.--Notwithstanding any other provisions of
law, including any requirement of a program that is integrated
under a plan under this Act, a tribal government may use a
percentage of the funds made available under this Act (as
determined under paragraph (2)) for the creation of employment
opportunities, including providing private sector training
placement under section 10.
``(2) Determination of percentage.--The percentage of funds
that a tribal government may use under this subsection is the
greater of--
``(A) the rate of unemployment in the service area
of the tribe up to a maximum of 25 percent; or
``(B) 10 percent.
``(c) Limitation.--The funds used for an expenditure described in
subsection (a) may only include funds made available to the Indian tribe
by a Federal agency under a statutory or administrative formula.''.
SEC. 1104. <<NOTE: 25 USC 3401 note.>> REPORT ON EXPANDING THE
OPPORTUNITIES FOR PROGRAM INTEGRATION.
Not <<NOTE: Deadline.>> later than 1 year after the date of the
enactment of this title, the Secretary, the Secretary of Health and
Human Services, the Secretary of Labor, and the tribes and organizations
participating in the integration initiative under this title shall
submit a report to the Committee on Indian Affairs of the Senate and the
Committee on Resources of the House of Representatives on the
opportunities for expanding the integration of human resource
[[Page 114 STAT. 2933]]
development and economic development programs under this title, and the
feasibility of establishing Joint Funding Agreements to authorize tribes
to access and coordinated funds and resources from various agencies for
purposes of human resources development, physical infrastructure
development, and economic development assistance in general. Such report
shall identify programs or activities which might be integrated and make
recommendations for the removal of any statutory or other barriers to
such integration.
TITLE <<NOTE: Navajo Nation Trust Land Leasing Act of 2000.>> XII--
NAVAJO NATION TRUST LAND LEASING
SEC. 1201. <<NOTE: 25 USC 415 note.>> SHORT TITLE.
This title may be cited as the ``Navajo Nation Trust Land Leasing
Act of 2000''.
SEC. 1202. <<NOTE: 25 USC 415 note.>> CONGRESSIONAL FINDINGS AND
DECLARATION OF PURPOSES.
(a) Findings.--Recognizing the special relationship between the
United States and the Navajo Nation and its members, and the Federal
responsibility to the Navajo people, Congress finds that--
(1) the third clause of section 8, Article I of the United
States Constitution provides that ``The Congress shall have
Power * * * to regulate Commerce * * * with Indian tribes'',
and, through this and other constitutional authority, Congress
has plenary power over Indian affairs;
(2) Congress, through statutes, treaties, and the general
course of dealing with Indian tribes, has assumed the
responsibility for the protection and preservation of Indian
tribes and their resources;
(3) the United States has a trust obligation to guard and
preserve the sovereignty of Indian tribes in order to foster
strong tribal governments, Indian self-determination, and
economic self-sufficiency;
(4) pursuant to the first section of the Act of August 9,
1955 (25 U.S.C. 415), Congress conferred upon the Secretary of
the Interior the power to promulgate regulations governing
tribal leases and to approve tribal leases for tribes according
to regulations promulgated by the Secretary;
(5) the Secretary of the Interior has promulgated the
regulations described in paragraph (4) at part 162 of title 25,
Code of Federal Regulations;
(6) the requirement that the Secretary approve leases for
the development of Navajo trust lands has added a level of
review and regulation that does not apply to the development of
non-Indian land; and
(7) in the global economy of the 21st Century, it is crucial
that individual leases of Navajo trust lands not be subject to
Secretarial approval and that the Navajo Nation be able to make
immediate decisions over the use of Navajo trust lands.
(b) Purposes.--The purposes of this title are as follows:
(1) To establish a streamlined process for the Navajo Nation
to lease trust lands without having to obtain the approval of
the Secretary of the Interior for individual leases, except
[[Page 114 STAT. 2934]]
leases for exploration, development, or extraction of any
mineral resources.
(2) To authorize the Navajo Nation, pursuant to tribal
regulations, which must be approved by the Secretary, to lease
Navajo trust lands without the approval of the Secretary of the
Interior for the individual leases, except leases for
exploration, development, or extraction of any mineral
resources.
(3) To revitalize the distressed Navajo Reservation by
promoting political self-determination, and encouraging economic
self-sufficiency, including economic development that increases
productivity and the standard of living for members of the
Navajo Nation.
(4) To maintain, strengthen, and protect the Navajo Nation's
leasing power over Navajo trust lands.
(5) To ensure that the United States is faithfully executing
its trust obligation to the Navajo Nation by maintaining Federal
supervision through oversight of and record keeping related to
leases of Navajo Nation tribal trust lands.
SEC. 1203. LEASE OF RESTRICTED LANDS FOR THE NAVAJO NATION.
The first section of the Act of August 9, 1955 (25 U.S.C. 415) is
amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(3) the term `individually owned Navajo Indian allotted
land' means a single parcel of land that--
``(A) is located within the jurisdiction of the
Navajo Nation;
``(B) is held in trust or restricted status by the
United States for the benefit of Navajo Indians or
members of another Indian tribe; and
``(C) was--
``(i) allotted to a Navajo Indian; or
``(ii) taken into trust or restricted status
by the United States for an individual Indian;
``(4) the term `interested party' means an Indian or non-
Indian individual or corporation, or tribal or non-tribal
government whose interests could be adversely affected by a
tribal trust land leasing decision made by the Navajo Nation;
``(5) the term `Navajo Nation' means the Navajo Nation
government that is in existence on the date of enactment of this
Act or its successor;
``(6) the term `petition' means a written request submitted
to the Secretary for the review of an action (or inaction) of
the Navajo Nation that is claimed to be in violation of the
approved tribal leasing regulations;
``(7) the term `Secretary' means the Secretary of the
Interior; and
``(8) the term `tribal regulations' means the Navajo Nation
regulations enacted in accordance with Navajo Nation law and
approved by the Secretary.''; and
(2) by adding at the end the following:
``(e)(1) Any leases by the Navajo Nation for purposes authorized
under subsection (a), and any amendments thereto, except a lease
[[Page 114 STAT. 2935]]
for the exploration, development, or extraction of any mineral
resources, shall not require the approval of the Secretary if the lease
is executed under the tribal regulations approved by the Secretary under
this subsection and the term of the lease does not exceed--
``(A) in the case of a business or agricultural lease, 25
years, except that any such lease may include an option to renew
for up to two additional terms, each of which may not exceed 25
years; and
``(B) in the case of a lease for public, religious,
educational, recreational, or residential purposes, 75 years if
such a term is provided for by the Navajo Nation through the
promulgation of regulations.
``(2) Paragraph (1) shall not apply to individually owned Navajo
Indian allotted land.
``(3) The Secretary shall have the authority to approve or
disapprove tribal regulations referred to under paragraph (1). The
Secretary shall approve such tribal regulations if such regulations are
consistent with the regulations of the Secretary under subsection (a),
and any amendments thereto, and provide for an environmental review
process. The Secretary shall review and approve or disapprove the
regulations of the Navajo Nation within 120 days of the submission of
such regulations to the Secretary. Any disapproval of such regulations
by the Secretary shall be accompanied by written documentation that sets
forth the basis for the disapproval. Such 120-day period may be extended
by the Secretary after consultation with the Navajo Nation.
``(4) If the Navajo Nation has executed a lease pursuant to tribal
regulations under paragraph (1), the Navajo Nation shall provide the
Secretary with--
``(A) a copy of the lease and all amendments and renewals
thereto; and
``(B) in the case of regulations or a lease that permits
payment to be made directly to the Navajo Nation, documentation
of the lease payments sufficient to enable the Secretary to
discharge the trust responsibility of the United States under
paragraph (5).
``(5) The United States shall not be liable for losses sustained by
any party to a lease executed pursuant to tribal regulations under
paragraph (1), including the Navajo Nation. Nothing in this paragraph
shall be construed to diminish the authority of the Secretary to take
appropriate actions, including the cancellation of a lease, in
furtherance of the trust obligation of the United States to the Navajo
Nation.
``(6)(A) An interested party may, after exhaustion of tribal
remedies, submit, in a timely manner, a petition to the Secretary to
review the compliance of the Navajo Nation with any regulations approved
under this subsection. If upon such review the Secretary determines that
the regulations were violated, the Secretary may take such action as may
be necessary to remedy the violation, including rescinding the approval
of the tribal regulations and reassuming responsibility for the approval
of leases for Navajo Nation tribal trust lands.
``(B) If the Secretary seeks to remedy a violation described in
subparagraph (A), the Secretary shall--
``(i) make a written determination with respect to the
regulations that have been violated;
[[Page 114 STAT. 2936]]
``(ii) provide the Navajo Nation with a written notice of
the alleged violation together with such written determination;
and
``(iii) prior to the exercise of any remedy or the
rescission of the approval of the regulation involved and the
reassumption of the lease approval responsibility, provide the
Navajo Nation with a hearing on the record and a reasonable
opportunity to cure the alleged violation.''.
TITLE <<NOTE: American Indian Education Foundation Act of 2000.>> XIII--
AMERICAN INDIAN EDUCATION FOUNDATION
SEC. 1301. <<NOTE: 25 USC 450 note.>> SHORT TITLE.
This title may be cited as the ``American Indian Education
Foundation Act of 2000''.
SEC. 1302. ESTABLISHMENT OF AMERICAN INDIAN EDUCATION FOUNDATION.
The Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.) is amended by adding at the end the following:
``TITLE V--AMERICAN INDIAN EDUCATION FOUNDATION
``SEC. 501. <<NOTE: 25 USC 458bbb.>> AMERICAN INDIAN EDUCATION
FOUNDATION.
``(a) In General.--As soon as practicable after the date of the
enactment of this title, the Secretary of the Interior shall establish,
under the laws of the District of Columbia and in accordance with this
title, the American Indian Education Foundation.
``(b) Perpetual Existence.--Except as otherwise provided, the
Foundation shall have perpetual existence.
``(c) Nature of Corporation.--The Foundation shall be a charitable
and nonprofit federally chartered corporation and shall not be an agency
or instrumentality of the United States.
``(d) Place of Incorporation and Domicile.--The Foundation shall be
incorporated and domiciled in the District of Columbia.
``(e) Purposes.--The purposes of the Foundation shall be--
``(1) to encourage, accept, and administer private gifts of
real and personal property or any income therefrom or other
interest therein for the benefit of, or in support of, the
mission of the Office of Indian Education Programs of the Bureau
of Indian Affairs (or its successor office);
``(2) to undertake and conduct such other activities as will
further the educational opportunities of American Indians who
attend a Bureau funded school; and
``(3) to participate with, and otherwise assist, Federal,
State, and tribal governments, agencies, entities, and
individuals in undertaking and conducting activities that will
further the educational opportunities of American Indians
attending Bureau funded schools.
``(f ) Board of Directors.--
[[Page 114 STAT. 2937]]
``(1) In general.--The Board of Directors shall be the
governing body of the Foundation. The Board may exercise, or
provide for the exercise of, the powers of the Foundation.
``(2) Selection.--The number of members of the Board, the
manner of their selection (including the filling of vacancies),
and their terms of office shall be as provided in the
constitution and bylaws of the Foundation. However, the Board
shall have at least 11 members, two of whom shall be the
Secretary and the Assistant Secretary of the Interior for Indian
Affairs, who shall serve as ex officio nonvoting members, and
the initial voting members of the Board shall be appointed by
the Secretary not later than 6 months after the date that the
Foundation is established and shall have staggered terms (as
determined by the Secretary).
``(3) Qualification.--The members of the Board shall be
United States citizens who are knowledgeable or experienced in
American Indian education and shall, to the extent practicable,
represent diverse points of view relating to the education of
American Indians.
``(4) Compensation.--Members of the Board shall not receive
compensation for their services as members, but shall be
reimbursed for actual and necessary travel and subsistence
expenses incurred by them in the performance of the duties of
the Foundation.
``(g) Officers.--
``(1) In general.--The officers of the Foundation shall be a
secretary, elected from among the members of the Board, and any
other officers provided for in the constitution and bylaws of
the Foundation.
``(2) Secretary of foundation.--The secretary shall serve,
at the direction of the Board, as its chief operating officer
and shall be knowledgeable and experienced in matters relating
to education in general and education of American Indians in
particular.
``(3) Election.--The manner of election, term of office, and
duties of the officers shall be as provided in the constitution
and bylaws of the Foundation.
``(h) Powers.--The Foundation--
``(1) shall adopt a constitution and bylaws for the
management of its property and the regulation of its affairs,
which may be amended;
``(2) may adopt and alter a corporate seal;
``(3) may make contracts, subject to the limitations of this
Act;
``(4) may acquire (through a gift or otherwise), own, lease,
encumber, and transfer real or personal property as necessary or
convenient to carry out the purposes of the Foundation;
``(5) may sue and be sued; and
``(6) may perform any other act necessary and proper to
carry out the purposes of the Foundation.
``(i) Principal Office.--The principal office of the Foundation
shall be in the District of Columbia. However, the activities of the
Foundation may be conducted, and offices may be maintained, throughout
the United States in accordance with the constitution and bylaws of the
Foundation.
[[Page 114 STAT. 2938]]
``( j) Service of Process.--The Foundation shall comply with the law
on service of process of each State in which it is incorporated and of
each State in which the Foundation carries on activities.
``(k) Liability of Officers and Agents.--The Foundation shall be
liable for the acts of its officers and agents acting within the scope
of their authority. Members of the Board are personally liable only for
gross negligence in the performance of their duties.
``(l) Restrictions.--
``(1) Limitation on spending.--Beginning with the fiscal
year following the first full fiscal year during which the
Foundation is in operation, the administrative costs of the
Foundation may not exceed 10 percent of the sum of--
``(A) the amounts transferred to the Foundation
under subsection (m) during the preceding fiscal year;
and
``(B) donations received from private sources during
the preceding fiscal year.
``(2) Appointment and hiring.--The appointment of officers
and employees of the Foundation shall be subject to the
availability of funds.
``(3) Status.--Members of the Board, and the officers,
employees, and agents of the Foundation are not, by reason of
their association with the Foundation, officers, employees, or
agents of the United States.
``(m) Transfer of Donated Funds.--The Secretary may transfer to the
Foundation funds held by the Department of the Interior under the Act of
February 14, 1931 (25 U.S.C. 451), if the transfer or use of such funds
is not prohibited by any term under which the funds were donated.
``(n) Audits.--The Foundation shall comply with the audit
requirements set forth in section 10101 of title 36, United States Code,
as if it were a corporation in part B of subtitle II of that title.
``SEC. 502. <<NOTE: 25 USC 458bbb-1.>> ADMINISTRATIVE SERVICES AND
SUPPORT.
``(a) Provision of Support by Secretary.--Subject to subsection (b),
during the 5-year period beginning on the date that the Foundation is
established, the Secretary--
``(1) may provide personnel, facilities, and other
administrative support services to the Foundation;
``(2) may provide funds to reimburse the travel expenses of
the members of the Board under section 501; and
``(3) shall require and accept reimbursements from the
Foundation for any--
``(A) services provided under paragraph (1); and
``(B) funds provided under paragraph (2).
``(b) Reimbursementt.--Reimbursements accepted under subsection
(a)(3) shall be deposited in the Treasury to the credit of the
appropriations then current and chargeable for the cost of providing
services described in subsection (a)(1) and the travel expenses
described in subsection (a)(2).
``(c) Continuation of Certain Services.--Notwithstanding any other
provision of this section, the Secretary may continue to provide
facilities and necessary support services to the Foundation after the
termination of the 5-year period specified in subsection (a), on a space
available, reimbursable cost basis.
``SEC. 503. <<NOTE: 25 USC 458bbb-2.>> DEFINITIONS.
``For the purposes of this title--
[[Page 114 STAT. 2939]]
``(1) the term `Bureau funded school' has the meaning given
that term in title XI of the Education Amendments of 1978;
``(2) the term `Foundation' means the Foundation established
by the Secretary pursuant to section 501; and
``(3) the term `Secretary' means the Secretary of the
Interior.''.
TITLE <<NOTE: Graton Rancheria Restoration Act.>> XIV--GRATON RANCHERIA
RESTORATION
SEC. 1401. <<NOTE: 25 USC 1300n note.>> SHORT TITLE.
This title may be cited as the ``Graton Rancheria Restoration Act''.
SEC. 1402. <<NOTE: 25 USC 1300n.>> FINDINGS.
The Congress finds that in their 1997 Report to Congress, the
Advisory Council on California Indian Policy specifically recommended
the immediate legislative restoration of the Graton Rancheria.
SEC. 1403. <<NOTE: 25 USC 1300n-1.>> DEFINITIONS.
For purposes of this title:
(1) The term ``Tribe'' means the Indians of the Graton
Rancheria of California.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``Interim Tribal Council'' means the governing
body of the Tribe specified in section 1407.
(4) The term ``member'' means an individual who meets the
membership criteria under section 1406(b).
(5) The term ``State'' means the State of California.
(6) The term ``reservation'' means those lands acquired and
held in trust by the Secretary for the benefit of the Tribe.
(7) The term ``service area'' means the counties of Marin
and Sonoma, in the State of California.
SEC. 1404. <<NOTE: 25 USC 1300n-2.>> RESTORATION OF FEDERAL RECOGNITION,
RIGHTS, AND PRIVILEGES.
(a) Federal Recognition.--Federal recognition is hereby restored to
the Tribe. Except as otherwise provided in this title, all laws and
regulations of general application to Indians and nations, tribes, or
bands of Indians that are not inconsistent with any specific provision
of this title shall be applicable to the Tribe and its members.
(b) Restoration of Rights and Privileges.--Except as provided in
subsection (d), all rights and privileges of the Tribe and its members
under any Federal treaty, Executive order, agreement, or statute, or
under any other authority which were diminished or lost under the Act of
August 18, 1958 (Public Law 85-671; 72 Stat. 619), are hereby restored,
and the provisions of such Act shall be inapplicable to the Tribe and
its members after the date of the enactment of this Act.
(c) Federal Services and Benefits.--
(1) In general.--Without regard to the existence of a
reservation, the Tribe and its members shall be eligible, on and
after the date of the enactment of this Act for all Federal
[[Page 114 STAT. 2940]]
services and benefits furnished to federally recognized Indian
tribes or their members. For the purposes of Federal services
and benefits available to members of federally recognized Indian
tribes residing on a reservation, members of the Tribe residing
in the Tribe's service area shall be deemed to be residing on a
reservation.
(2) Relation to other laws.--The eligibility for or receipt
of services and benefits under paragraph (1) by a tribe or
individual shall not be considered as income, resources, or
otherwise when determining the eligibility for or computation of
any payment or other benefit to such tribe, individual, or
household under--
(A) any financial aid program of the United States,
including grants and contracts subject to the Indian
Self-Determination Act; or
(B) any other benefit to which such tribe,
household, or individual would otherwise be entitled
under any Federal or federally assisted program.
(d) Hunting, Fishing, Trapping, Gathering, and Water Rights.--
Nothing in this title shall expand, reduce, or affect in any manner any
hunting, fishing, trapping, gathering, or water rights of the Tribe and
its members.
(e) Certain Rights Not Altered.--Except as specifically provided in
this title, nothing in this title shall alter any property right or
obligation, any contractual right or obligation, or any obligation for
taxes levied.
SEC. 1405. <<NOTE: 25 USC 1300n-3.>> TRANSFER OF LAND TO BE HELD IN
TRUST.
(a) Lands To Be Taken in Trust.--Upon application by the Tribe, the
Secretary shall accept into trust for the benefit of the Tribe any real
property located in Marin or Sonoma County, California, for the benefit
of the Tribe after the property is conveyed or otherwise transferred to
the Secretary and if, at the time of such conveyance or transfer, there
are no adverse legal claims to such property, including outstanding
liens, mortgages, or taxes.
(b) Former Trust Lands of the Graton Rancheria.--Subject to the
conditions specified in this section, real property eligible for trust
status under this section shall include Indian owned fee land held by
persons listed as distributees or dependent members in the distribution
plan approved by the Secretary on September 17, 1959, or such
distributees' or dependent members' Indian heirs or successors in
interest.
(c) Lands To Be Part of Reservation.--Any real property taken into
trust for the benefit of the Tribe pursuant to this title shall be part
of the Tribe's reservation.
(d) Lands To Be Nontaxable.--Any real property taken into trust for
the benefit of the Tribe pursuant to this section shall be exempt from
all local, State, and Federal taxation as of the date that such land is
transferred to the Secretary.
SEC. 1406. <<NOTE: 25 USC 1300n-4.>> MEMBERSHIP ROLLS.
(a) Compilation <<NOTE: Deadline.>> of Tribal Membership Roll.--Not
later than 1 year after the date of the enactment of this Act, the
Secretary shall, after consultation with the Tribe, compile a membership
roll of the Tribe.
(b) Criteria for Membership.--
(1) Until a tribal constitution is adopted under section
1408, an individual shall be placed on the Graton membership
[[Page 114 STAT. 2941]]
roll if such individual is living, is not an enrolled member of
another federally recognized Indian tribe, and if--
(A) such individual's name was listed on the Graton
Indian Rancheria distribution list compiled by the
Bureau of Indian Affairs and approved by the Secretary
on September 17, 1959, under Public Law 85-671;
(B) such individual was not listed on the Graton
Indian Rancheria distribution list, but met the
requirements that had to be met to be listed on the
Graton Indian Rancheria distribution list;
(C) such individual is identified as an Indian from
the Graton, Marshall, Bodega, Tomales, or Sebastopol,
California, vicinities, in documents prepared by or at
the direction of the Bureau of Indian Affairs, or in any
other public or California mission records; or
(D) such individual is a lineal descendant of an
individual, living or dead, identified in subparagraph
(A), (B), or (C).
(2) After adoption of a tribal constitution under section
1408, such tribal constitution shall govern membership in the
Tribe.
(c) Conclusive Proof of Graton Indian Ancestry.--For the purpose of
subsection (b), the Secretary shall accept any available evidence
establishing Graton Indian ancestry. The Secretary shall accept as
conclusive evidence of Graton Indian ancestry information contained in
the census of the Indians from the Graton, Marshall, Bodega, Tomales, or
Sebastopol, California, vicinities, prepared by or at the direction of
Special Indian Agent John J. Terrell in any other roll or census of
Graton Indians prepared by or at the direction of the Bureau of Indian
Affairs and in the Graton Indian Rancheria distribution list compiled by
the Bureau of Indian Affairs and approved by the Secretary on September
17, 1959.
SEC. 1407. <<NOTE: 25 USC 1300n-5.>> INTERIM GOVERNMENT.
Until the Tribe ratifies a final constitution consistent with
section 1408, the Tribe's governing body shall be an Interim Tribal
Council. The initial membership of the Interim Tribal Council shall
consist of the members serving on the date of the enactment of this Act,
who have been elected under the tribal constitution adopted May 3, 1997.
The Interim Tribal Council shall continue to operate in the manner
prescribed under such tribal constitution. Any vacancy on the Interim
Tribal Council shall be filled by individuals who meet the membership
criteria set forth in section 1406(b) and who are elected in the same
manner as are Tribal Council members under the tribal constitution
adopted May 3, 1997.
SEC. 1408. <<NOTE: 25 USC 1300n-6.>> TRIBAL CONSTITUTION.
(a) Election; Time; Procedure.--After the compilation of the tribal
membership roll under section 1406(a), upon the written request of the
Interim Tribal Council, the Secretary shall conduct, by secret ballot,
an election for the purpose of ratifying a final constitution for the
Tribe. The election shall be held consistent with sections 16(c)(1) and
16(c)(2)(A) of the Act of June 18, 1934 (commonly known as the Indian
Reorganization Act; 25 U.S.C. 476(c)(1) and 476(c)(2)(A), respectively).
Absentee voting shall be permitted regardless of voter residence.
(b) Election <<NOTE: Deadline.>> of Tribal Officials; Procedures.--
Not later than 120 days after the Tribe ratifies a final constitution
under
[[Page 114 STAT. 2942]]
subsection (a), the Secretary shall conduct an election by secret ballot
for the purpose of electing tribal officials as provided in such tribal
constitution. Such election shall be conducted consistent with the
procedures specified in subsection (a) except to the extent that such
procedures conflict with the tribal constitution.
TITLE XV--CEMETERY SITES AND HISTORICAL PLACES
SEC. 1501. FINDINGS; DEFINITIONS.
(a) Findings.--The Congress finds the following:
(1) Pursuant to section 14(h)(1) of ANCSA, the Secretary has
the authority to withdraw and convey to the appropriate regional
corporation fee title to existing cemetery sites and historical
places.
(2) Pursuant to section 14(h)(7) of ANCSA, lands located
within a National Forest may be conveyed for the purposes set
forth in section 14(h)(1) of ANCSA.
(3) Chugach Alaska Corporation, the Alaska Native Regional
Corporation for the Chugach Region, applied to the Secretary for
the conveyance of cemetery sites and historical places pursuant
to section 14(h)(1) of ANCSA in accordance with the regulations
promulgated by the Secretary.
(4) Among the applications filed were applications for
historical places at Miners Lake (AA-41487), Coghill Point (AA-
41488), College Fjord (AA-41489), Point Pakenham (AA-41490),
College Point (AA-41491), Egg Island (AA-41492), and Wingham
Island (AA-41494), which applications were substantively
processed for 13 years and then rejected as having been untimely
filed.
(5) The fulfillment of the intent, purpose, and promise of
ANCSA requires that applications substantively processed for 13
years should be accepted as timely, subject only to a
determination that such lands and applications meet the
eligibility criteria for historical places or cemetery sites, as
appropriate, set forth in the Secretary's regulations.
(b) Definitions.--For the purposes of this title, the following
definitions apply:
(1) ANCSA.--The term ``ANCSA'' means the Alaska Native
Claims Settlement Act, as amended (43 U.S.C. 1601 et seq.).
(2) Federal government.--The term ``Federal Government''
means any Federal agency of the United States.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 1502. WITHDRAWAL OF LANDS.
Notwithstanding any other provision of law, the Secretary shall
withdraw from all forms of appropriation all public lands described in
the applications identified in section 1501(a)(4) of this title.
SEC. 1503. APPLICATION FOR CONVEYANCE OF WITHDRAWN LANDS.
With respect to lands withdrawn pursuant to section 1502 of this
title, the applications identified in section 1501(a)(4) of this title
are deemed to have been timely filed. In processing these applications
on the merits, the Secretary shall incorporate and
[[Page 114 STAT. 2943]]
use any work done on these applications during the processing of these
applications since 1980.
SEC. 1504. AMENDMENTS.
Chugach Alaska Corporation may amend any application under section
1503 of this title in accordance with the rules and regulations
generally applicable to amending applications under section 14(h)(1) of
ANCSA.
SEC. 1505. PROCEDURE FOR EVALUATING APPLICATIONS.
All applications under section 1503 of this title shall be evaluated
in accordance with the criteria and procedures set forth in the
regulations promulgated by the Secretary as of the date of the enactment
of this title. To the extent that such criteria and procedures conflict
with any provision of this title, the provisions of this title shall
control.
SEC. 1506. APPLICABILITY.
(a) Effect on ANCSA Provisions.--Notwithstanding any other provision
of law or of this title, any conveyance of land to Chugach Alaska
Corporation pursuant to this title shall be charged to and deducted from
the entitlement of Chugach Alaska Corporation under section 14(h)(8)(A)
of ANCSA (43 U.S.C. 1613(h)(8)(A)), and no conveyance made pursuant to
this title shall affect the distribution of lands to or the entitlement
to land of any Regional Corporation other than Chugach Alaska
Corporation under section 14(h)(8) of ANCSA (43 U.S.C. 1613(h)(8)).
(b) No Enlargement of Entitlement.--Nothing herein shall be deemed
to enlarge Chugach Alaska Corporation's entitlement to subsurface estate
under otherwise applicable law.
Approved December 27, 2000.
LEGISLATIVE HISTORY--H.R. 5528 (S. 1658):
---------------------------------------------------------------------------
SENATE REPORTS: No. 106-368 accompanying S. 1658 (Comm. on Indian
Affairs).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Oct. 26, considered and passed House.
Dec. 11, considered and passed Senate.
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