106TH CONGRESS

2D SESSION H. R. 5528

AN ACT

To authorize the construction of a Wakpa Sica Reconciliation

Place in Fort Pierre, South Dakota, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Omnibus Indian Ad3 vancement Act’’.

4 SEC. 2. TABLE OF CONTENTS.

5 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.

Sec. 604. Ratification of settlement agreement.
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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
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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.

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.
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1 TITLE I—SALT RIVER PIMA-MAR2 ICOPA INDIAN COMMUNITY

3 IRRIGATION WORKS

4 SEC. 101. FINDINGS.

5 The Congress finds and declares that—

6 (1) it is the policy of the United States, in ful7 fillment of its trust responsibility to Indian tribes, to

8 promote Indian self-determination and economic

9 self-sufficiency;

10 (2) the Salt River Pima-Maricopa Indian Com11 munity (hereinafter referred to as the ‘‘Commu12 nity’’) has operated the irrigation works within the

13 Community’s reservation since November 1997 and

14 is capable of fully managing the operation of these

15 irrigation works;

16 (3) considering that the irrigation works, which

17 are comprised primarily of canals, ditches, irrigation

18 wells, storage reservoirs, and sump ponds located ex19 clusively on lands held in trust for the Community

20 and allottees, have been operated generally the same

21 for over 100 years, the irrigation works will continue

22 to be used for the distribution and delivery of water;

23 (4) considering that the operational manage24 ment of the irrigation works has been carried out by

25 the Community as indicated in paragraph (2), the
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1 conveyance of ownership of such works to the Com2 munity is viewed as an administrative action;

3 (5) the Community’s laws and regulations are

4 in compliance with section 102(b); and

5 (6) in light of the foregoing and in order to—

6 (A) promote Indian self-determination, eco7 nomic self-sufficiency, and self-governance;

8 (B) enable the Community in its develop9 ment of a diverse, efficient reservation economy;

10 and

11 (C) enable the Community to better serve

12 the water needs of the water users within the

13 Community,

14 it is appropriate in this instance that the United

15 States convey to the Community the ownership of

16 the irrigation works.

17 SEC. 102. CONVEYANCE AND OPERATION OF IRRIGATION

18 WORKS.

19 (a) CONVEYANCE.—The Secretary of the Interior, as

20 soon as is practicable after the date of the enactment of

21 this Act, and in accordance with the provisions of this title

22 and all other applicable law, shall convey to the Commu23 nity any or all rights and interests of the United States

24 in and to the irrigation works on the Community’s res25 ervation which were formerly operated by the Bureau of
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1 Indian Affairs. Notwithstanding the provisions of sections

2 1 and 3 of the Act of April 4, 1910 (25 U.S.C. 385) and

3 sections 1, 2, and 3 of the Act of August 7, 1946 (25

4 U.S.C. 385a, 385b, and 385c) and any implementing reg5 ulations, during the period between the date of the enact6 ment of this Act and the conveyance of the irrigation

7 works by the United States to the Community, the Com8 munity shall operate the irrigation works under the provi9 sions set forth in this title and in accordance with the In10 dian Self-Determination and Education Assistance Act

11 (25 U.S.C. 450 et seq.), including retaining and expending

12 operations and maintenance collections for irrigation

13 works purposes. Effective upon the date of conveyance of

14 the irrigation works, the Community shall have the full

15 ownership of and operating authority over the irrigation

16 works in accordance with the provisions of this title.

17 (b) FULFILLMENT OF FEDERAL TRUST RESPON18 SIBILITIES.—To assure compliance with the Federal trust

19 responsibilities of the United States to Indian tribes, indi20 vidual Indians and Indians with trust allotments, includ21 ing such trust responsibilities contained in Salt River

22 Pima-Maricopa Indian Community Water Rights Settle23 ment Act of 1988 (Public Law 100–512), the Community

24 shall operate the irrigation works consistent with this title

25 and under uniform laws and regulations adopted by the
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1 Community for the management, regulation, and control

2 of water resources on the reservation so as to assure fair3 ness in the delivery of water to water users. Such Commu4 nity laws and regulations include currently and shall con5 tinue to include provisions to maintain the following re6 quirements and standards which shall be published and

7 made available to the Secretary and the Community at

8 large:

9 (1) PROCESS.—A process by which members of

10 the Community, including Indian allottees, shall be

11 provided a system of distribution, allocation, control,

12 pricing and regulation of water that will provide a

13 just and equitable distribution of water so as to

14 achieve the maximum beneficial use and conserva15 tion of water in recognition of the demand on the

16 water resource, the changing uses of land and water

17 and the varying annual quantity of available Com18 munity water.

19 (2) DUE PROCESS.—A due process system for

20 the consideration and determination of any request

21 by an Indian or Indian allottee for distribution of

22 water for use on his or her land, including a process

23 for appeal and adjudication of denied or disputed

24 distributions and for resolution of contested adminis25 trative decisions.
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1 (c) SUBSEQUENT MODIFICATION OF LAWS AND REG2 ULATIONS.—If the provisions of the Community’s laws

3 and regulations implementing subsection (b) only are to

4 be modified subsequent to the date of the enactment of

5 this Act by the Community, such proposed modifications

6 shall be published and made available to the Secretary at

7 least 120 days prior to their effective date and any modi8 fication that could significantly adversely affect the rights

9 of allottees shall only become effective upon the concur10 rence of both the Community and the Secretary.

11 (d) LIMITATIONS OF LIABILITY.—Effective upon the

12 date of the enactment of this Act, the United States shall

13 not be liable for damages of any kind arising out of any

14 act, omission, or occurrence based on the Community’s

15 ownership or operation of the irrigation works, except for

16 damages caused by acts of negligence committed by the

17 United States prior to the date of the enactment of this

18 Act. Nothing in this section shall be deemed to increase

19 the liability of the United States beyond that currently

20 provided in the Federal Tort Claims Act (28 U.S.C. 2671

21 et seq.).

22 (e) CANCELLATION OF CHARGES.—Effective upon

23 the date of conveyance of the irrigation works under this

24 section, any charges for construction of the irrigation

25 works on the reservation of the Community that have been
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1 deferred pursuant to the Act of July 1, 1932 (25 U.S.C.

2 386a) are hereby canceled.

3 (f) PROJECT NO LONGER A BIA PROJECT.—Effec4 tive upon the date of conveyance of the irrigation works

5 under this section, the irrigation works shall no longer be

6 considered a Bureau of Indian Affairs irrigation project

7 and the facilities will not be eligible for Federal benefits

8 based solely on the fact that the irrigation works were for9 merly a Bureau of Indian Affairs irrigation project. Noth10 ing in this title shall be construed to limit or reduce in

11 any way the service, contracts, or funds the Community

12 may be eligible to receive under other applicable Federal

13 law.

14 SEC. 103. RELATIONSHIP TO OTHER LAWS.

15 Nothing in this title shall be construed to diminish

16 the trust responsibility of the United States under applica17 ble law to the Salt River Pima-Maricopa Indian Commu18 nity, to individual Indians, or to Indians with trust allot19 ments within the Community’s reservation.

20 TITLE II—NATIVE HAWAIIAN

21 HOUSING ASSISTANCE

22 SEC. 201. SHORT TITLE.

23 This title may be cited as the ‘‘Hawaiian Homelands

24 Homeownership Act of 2000’’.
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1 SEC. 202. FINDINGS.

2 Congress finds that—

3 (1) the United States has undertaken a respon4 sibility to promote the general welfare of the United

5 States by—

6 (A) employing its resources to remedy the

7 unsafe and unsanitary housing conditions and

8 the acute shortage of decent, safe, and sanitary

9 dwellings for families of lower income; and

10 (B) developing effective partnerships with

11 governmental and private entities to accomplish

12 the objectives referred to in subparagraph (A);

13 (2) the United States has a special responsi14 bility for the welfare of the Native peoples of the

15 United States, including Native Hawaiians;

16 (3) pursuant to the provisions of the Hawaiian

17 Homes Commission Act, 1920 (42 Stat. 108 et

18 seq.), the United States set aside 200,000 acres of

19 land in the Federal territory that later became the

20 State of Hawaii in order to establish a homeland for

21 the native people of Hawaii—Native Hawaiians;

22 (4) despite the intent of Congress in 1920 to

23 address the housing needs of Native Hawaiians

24 through the enactment of the Hawaiian Homes

25 Commission Act, 1920 (42 Stat. 108 et seq.), Native

26 Hawaiians eligible to reside on the Hawaiian home
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1 lands have been foreclosed from participating in

2 Federal housing assistance programs available to all

3 other eligible families in the United States;

4 (5) although Federal housing assistance pro5 grams have been administered on a racially neutral

6 basis in the State of Hawaii, Native Hawaiians con7 tinue to have the greatest unmet need for housing

8 and the highest rates of overcrowding in the United

9 States;

10 (6) among the Native American population of

11 the United States, Native Hawaiians experience the

12 highest percentage of housing problems in the

13 United States, as the percentage—

14 (A) of housing problems in the Native Ha15 waiian population is 49 percent, as compared

16 to—

17 (i) 44 percent for American Indian

18 and Alaska Native households in Indian

19 country; and

20 (ii) 27 percent for all other house21 holds in the United States; and

22 (B) overcrowding in the Native Hawaiian

23 population is 36 percent as compared to 3 per24 cent for all other households in the United

25 States;
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1 (7) among the Native Hawaiian population, the

2 needs of Native Hawaiians, as that term is defined

3 in section 801 of the Native American Housing As4 sistance and Self-Determination Act of 1996, as

5 added by section 203 of this Act, eligible to reside

6 on the Hawaiian Home Lands are the most severe,

7 as—

8 (A) the percentage of overcrowding in Na9 tive Hawaiian households on the Hawaiian

10 Home Lands is 36 percent; and

11 (B) approximately 13,000 Native Hawai12 ians, which constitute 95 percent of the Native

13 Hawaiians who are eligible to reside on the Ha14 waiian Home Lands, are in need of housing;

15 (8) applying the Department of Housing and

16 Urban Development guidelines—

17 (A) 70.8 percent of Native Hawaiians who

18 either reside or who are eligible to reside on the

19 Hawaiian Home Lands have incomes that fall

20 below the median family income; and

21 (B) 50 percent of Native Hawaiians who

22 either reside or who are eligible to reside on the

23 Hawaiian Home Lands have incomes below 30

24 percent of the median family income;
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(9) 1 1 ⁄3 of those Native Hawaiians who are eligi2 ble to reside on the Hawaiian Home Lands pay

3 more than 30 percent of their income for shelter,

and 1 4 ⁄2 of those Native Hawaiians face overcrowding;

5 (10) the extraordinarily severe housing needs of

6 Native Hawaiians demonstrate that Native Hawai7 ians who either reside on, or are eligible to reside on,

8 Hawaiian Home Lands have been denied equal ac9 cess to Federal low-income housing assistance pro10 grams available to other qualified residents of the

11 United States, and that a more effective means of

12 addressing their housing needs must be authorized;

13 (11) consistent with the recommendations of

14 the National Commission on American Indian, Alas15 ka Native, and Native Hawaiian Housing, and in

16 order to address the continuing prevalence of ex17 traordinarily severe housing needs among Native

18 Hawaiians who either reside or are eligible to reside

19 on the Hawaiian Home Lands, Congress finds it

20 necessary to extend the Federal low-income housing

21 assistance available to American Indians and Alaska

22 Natives under the Native American Housing Assist23 ance and Self-Determination Act of 1996 (25 U.S.C.

24 4101 et seq.) to those Native Hawaiians;
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1 (12) under the treatymaking power of the

2 United States, Congress had the constitutional au3 thority to confirm a treaty between the United

4 States and the government that represented the Ha5 waiian people, and from 1826 until 1893, the United

6 States recognized the independence of the Kingdom

7 of Hawaii, extended full diplomatic recognition to

8 the Hawaiian Government, and entered into treaties

9 and conventions with the Hawaiian monarchs to gov10 ern commerce and navigation in 1826, 1842, 1849,

11 1875, and 1887;

12 (13) the United States has recognized and re13 affirmed that—

14 (A) Native Hawaiians have a cultural, his15 toric, and land-based link to the indigenous peo16 ple who exercised sovereignty over the Hawaiian

17 Islands, and that group has never relinquished

18 its claims to sovereignty or its sovereign lands;

19 (B) Congress does not extend services to

20 Native Hawaiians because of their race, but be21 cause of their unique status as the indigenous

22 people of a once sovereign nation as to whom

23 the United States has established a trust rela24 tionship;
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1 (C) Congress has also delegated broad au2 thority to administer a portion of the Federal

3 trust responsibility to the State of Hawaii;

4 (D) the political status of Native Hawai5 ians is comparable to that of American Indians;

6 and

7 (E) the aboriginal, indigenous people of

8 the United States have—

9 (i) a continuing right to autonomy in

10 their internal affairs; and

11 (ii) an ongoing right of self-deter12 mination and self-governance that has

13 never been extinguished;

14 (14) the political relationship between the

15 United States and the Native Hawaiian people has

16 been recognized and reaffirmed by the United States

17 as evidenced by the inclusion of Native Hawaiians

18 in—

19 (A) the Native American Programs Act of

20 1974 (42 U.S.C. 2291 et seq.);

21 (B) the American Indian Religious Free22 dom Act (42 U.S.C. 1996 et seq.);

23 (C) the National Museum of the American

24 Indian Act (20 U.S.C. 80q et seq.);
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1 (D) the Native American Graves Protec2 tion and Repatriation Act (25 U.S.C. 3001 et

3 seq.);

4 (E) the National Historic Preservation Act

5 (16 U.S.C. 470 et seq.);

6 (F) the Native American Languages Act of

7 1992 (106 Stat. 3434);

8 (G) the American Indian, Alaska Native

9 and Native Hawaiian Culture and Arts Devel10 opment Act (20 U.S.C. 4401 et seq.);

11 (H) the Job Training Partnership Act (29

12 U.S.C. 1501 et seq.); and

13 (I) the Older Americans Act of 1965 (42

14 U.S.C. 3001 et seq.); and

15 (15) in the area of housing, the United States

16 has recognized and reaffirmed the political relation17 ship with the Native Hawaiian people through—

18 (A) the enactment of the Hawaiian Homes

19 Commission Act, 1920 (42 Stat. 108 et seq.),

20 which set aside approximately 200,000 acres of

21 public lands that became known as Hawaiian

22 Home Lands in the Territory of Hawaii that

23 had been ceded to the United States for home24 steading by Native Hawaiians in order to reha25 bilitate a landless and dying people;
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1 (B) the enactment of the Act entitled ‘‘An

2 Act to provide for the admission of the State of

3 Hawaii into the Union’’, approved March 18,

4 1959 (73 Stat. 4)—

5 (i) by ceding to the State of Hawaii

6 title to the public lands formerly held by

7 the United States, and mandating that

8 those lands be held in public trust, for the

9 betterment of the conditions of Native Ha10 waiians, as that term is defined in section

11 201 of the Hawaiian Homes Commission

12 Act, 1920 (42 Stat. 108 et seq.); and

13 (ii) by transferring the United States

14 responsibility for the administration of Ha15 waiian Home Lands to the State of Ha16 waii, but retaining the authority to enforce

17 the trust, including the exclusive right of

18 the United States to consent to any actions

19 affecting the lands which comprise the cor20 pus of the trust and any amendments to

21 the Hawaiian Homes Commission Act,

22 1920 (42 Stat. 108 et seq.), enacted by the

23 legislature of the State of Hawaii affecting

24 the rights of beneficiaries under the Act;
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1 (C) the authorization of mortgage loans in2 sured by the Federal Housing Administration

3 for the purchase, construction, or refinancing of

4 homes on Hawaiian Home Lands under the Act

5 of June 27, 1934 (commonly referred to as the

6 ‘‘National Housing Act’’ (42 Stat. 1246 et seq.,

7 chapter 847; 12 U.S.C. 1701 et seq.));

8 (D) authorizing Native Hawaiian represen9 tation on the National Commission on Amer10 ican Indian, Alaska Native, and Native Hawai11 ian Housing under Public Law 101–235;

12 (E) the inclusion of Native Hawaiians in

13 the definition under section 3764 of title 38,

14 United States Code, applicable to subchapter V

15 of chapter 37 of title 38, United States Code

16 (relating to a housing loan program for Native

17 American veterans); and

18 (F) the enactment of the Hawaiian Home

19 Lands Recovery Act (109 Stat. 357; 48 U.S.C.

20 491, note prec.) which establishes a process for

21 the conveyance of Federal lands to the Depart22 ment of Hawaiian Homes Lands that are equiv23 alent in value to lands acquired by the United

24 States from the Hawaiian Home Lands inven25 tory.
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1 SEC. 203. HOUSING ASSISTANCE.

2 The Native American Housing Assistance and Self3 Determination Act of 1996 (25 U.S.C. 4101 et seq.) is

4 amended by adding at the end the following:

5 ‘‘TITLE VIII—HOUSING ASSIST6 ANCE FOR NATIVE HAWAI7 IANS

8 ‘‘SEC. 801. DEFINITIONS.

9 ‘‘In this title:

10 ‘‘(1) DEPARTMENT OF HAWAIIAN HOME LANDS;

11 DEPARTMENT.—The term ‘Department of Hawaiian

12 Home Lands’ or ‘Department’ means the agency or

13 department of the government of the State of Ha14 waii that is responsible for the administration of the

15 Hawaiian Homes Commission Act, 1920 (42 Stat.

16 108 et seq.).

17 ‘‘(2) DIRECTOR.—The term ‘Director’ means

18 the Director of the Department of Hawaiian Home

19 Lands.

20 ‘‘(3) ELDERLY FAMILIES; NEAR-ELDERLY FAMI21 LIES.—

22 ‘‘(A) IN GENERAL.—The term ‘elderly

23 family’ or ‘near-elderly family’ means a family

24 whose head (or his or her spouse), or whose sole

25 member, is—
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1 ‘‘(i) for an elderly family, an elderly

2 person; or

3 ‘‘(ii) for a near-elderly family, a near4 elderly person.

5 ‘‘(B) CERTAIN FAMILIES INCLUDED.—The

6 term ‘elderly family’ or ‘near-elderly family’

7 includes—

8 ‘‘(i) 2 or more elderly persons or near9 elderly persons, as the case may be, living

10 together; and

11 ‘‘(ii) 1 or more persons described in

12 clause (i) living with 1 or more persons de13 termined under the housing plan to be es14 sential to their care or well-being.

15 ‘‘(4) HAWAIIAN HOME LANDS.—The term ‘Ha16 waiian Home Lands’ means lands that—

17 ‘‘(A) have the status as Hawaiian home

18 lands under section 204 of the Hawaiian

19 Homes Commission Act (42 Stat. 110); or

20 ‘‘(B) are acquired pursuant to that Act.

21 ‘‘(5) HOUSING AREA.—The term ‘housing area’

22 means an area of Hawaiian Home Lands with re23 spect to which the Department of Hawaiian Home

24 Lands is authorized to provide assistance for afford25 able housing under this Act.
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1 ‘‘(6) HOUSING ENTITY.—The term ‘housing en2 tity’ means the Department of Hawaiian Home

3 Lands.

4 ‘‘(7) HOUSING PLAN.—The term ‘housing plan’

5 means a plan developed by the Department of Ha6 waiian Home Lands.

7 ‘‘(8) MEDIAN INCOME.—The term ‘median in8 come’ means, with respect to an area that is a Ha9 waiian housing area, the greater of—

10 ‘‘(A) the median income for the Hawaiian

11 housing area, which shall be determined by the

12 Secretary; or

13 ‘‘(B) the median income for the State of

14 Hawaii.

15 ‘‘(9) NATIVE HAWAIIAN.—The term ‘Native

16 Hawaiian’ means any individual who is—

17 ‘‘(A) a citizen of the United States; and

18 ‘‘(B) a descendant of the aboriginal people,

19 who, prior to 1778, occupied and exercised sov20 ereignty in the area that currently constitutes

21 the State of Hawaii, as evidenced by—

22 ‘‘(i) genealogical records;

23 ‘‘(ii) verification by kupuna (elders) or

24 kama’aina (long-term community resi25 dents); or
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1 ‘‘(iii) birth records of the State of Ha2 waii.

3 ‘‘SEC. 802. BLOCK GRANTS FOR AFFORDABLE HOUSING

4 ACTIVITIES.

5 ‘‘(a) GRANT AUTHORITY.—For each fiscal year, the

6 Secretary shall (to the extent amounts are made available

7 to carry out this title) make a grant under this title to

8 the Department of Hawaiian Home Lands to carry out

9 affordable housing activities for Native Hawaiian families

10 who are eligible to reside on the Hawaiian Home Lands.

11 ‘‘(b) PLAN REQUIREMENT.—

12 ‘‘(1) IN GENERAL.—The Secretary may make a

13 grant under this title to the Department of Hawai14 ian Home Lands for a fiscal year only if—

15 ‘‘(A) the Director has submitted to the

16 Secretary a housing plan for that fiscal year;

17 and

18 ‘‘(B) the Secretary has determined under

19 section 804 that the housing plan complies with

20 the requirements of section 803.

21 ‘‘(2) WAIVER.—The Secretary may waive the

22 applicability of the requirements under paragraph

23 (1), in part, if the Secretary finds that the Depart24 ment of Hawaiian Home Lands has not complied or

25 cannot comply with those requirements due to cir-
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1 cumstances beyond the control of the Department of

2 Hawaiian Home Lands.

3 ‘‘(c) USE OF AFFORDABLE HOUSING ACTIVITIES

4 UNDER PLAN.—Except as provided in subsection (e),

5 amounts provided under a grant under this section may

6 be used only for affordable housing activities under this

7 title that are consistent with a housing plan approved

8 under section 804.

9 ‘‘(d) ADMINISTRATIVE EXPENSES.—

10 ‘‘(1) IN GENERAL.—The Secretary shall, by

11 regulation, authorize the Department of Hawaiian

12 Home Lands to use a percentage of any grant

13 amounts received under this title for any reasonable

14 administrative and planning expenses of the Depart15 ment relating to carrying out this title and activities

16 assisted with those amounts.

17 ‘‘(2) ADMINISTRATIVE AND PLANNING EX18 PENSES.—The administrative and planning expenses

19 referred to in paragraph (1) include—

20 ‘‘(A) costs for salaries of individuals en21 gaged in administering and managing afford22 able housing activities assisted with grant

23 amounts provided under this title; and

24 ‘‘(B) expenses incurred in preparing a

25 housing plan under section 803.
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1 ‘‘(e) PUBLIC-PRIVATE PARTNERSHIPS.—The Direc2 tor shall make all reasonable efforts, consistent with the

3 purposes of this title, to maximize participation by the pri4 vate sector, including nonprofit organizations and for5 profit entities, in implementing a housing plan that has

6 been approved by the Secretary under section 803.

7 ‘‘SEC. 803. HOUSING PLAN.

8 ‘‘(a) PLAN SUBMISSION.—The Secretary shall—

9 ‘‘(1) require the Director to submit a housing

10 plan under this section for each fiscal year; and

11 ‘‘(2) provide for the review of each plan sub12 mitted under paragraph (1).

13 ‘‘(b) 5-YEAR PLAN.—Each housing plan under this

14 section shall—

15 ‘‘(1) be in a form prescribed by the Secretary;

16 and

17 ‘‘(2) contain, with respect to the 5-year period

18 beginning with the fiscal year for which the plan is

19 submitted, the following information:

20 ‘‘(A) MISSION STATEMENT.—A general

21 statement of the mission of the Department of

22 Hawaiian Home Lands to serve the needs of

23 the low-income families to be served by the De24 partment.
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1 ‘‘(B) GOAL AND OBJECTIVES.—A state2 ment of the goals and objectives of the Depart3 ment of Hawaiian Home Lands to enable the

4 Department to serve the needs identified in

5 subparagraph (A) during the period.

6 ‘‘(C) ACTIVITIES PLANS.—An overview of

7 the activities planned during the period includ8 ing an analysis of the manner in which the ac9 tivities will enable the Department to meet its

10 mission, goals, and objectives.

11 ‘‘(c) 1-YEAR PLAN.—A housing plan under this sec12 tion shall—

13 ‘‘(1) be in a form prescribed by the Secretary;

14 and

15 ‘‘(2) contain the following information relating

16 to the fiscal year for which the assistance under this

17 title is to be made available:

18 ‘‘(A) GOALS AND OBJECTIVES.—A state19 ment of the goals and objectives to be accom20 plished during the period covered by the plan.

21 ‘‘(B) STATEMENT OF NEEDS.—A state22 ment of the housing needs of the low-income

23 families served by the Department and the

24 means by which those needs will be addressed
27

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1 during the period covered by the plan,

2 including—

3 ‘‘(i) a description of the estimated

4 housing needs and the need for assistance

5 for the low-income families to be served by

6 the Department, including a description of

7 the manner in which the geographical dis8 tribution of assistance is consistent with—

9 ‘‘(I) the geographical needs of

10 those families; and

11 ‘‘(II) needs for various categories

12 of housing assistance; and

13 ‘‘(ii) a description of the estimated

14 housing needs for all families to be served

15 by the Department.

16 ‘‘(C) FINANCIAL RESOURCES.—An oper17 ating budget for the Department of Hawaiian

18 Home Lands, in a form prescribed by the Sec19 retary, that includes—

20 ‘‘(i) an identification and a descrip21 tion of the financial resources reasonably

22 available to the Department to carry out

23 the purposes of this title, including an ex24 planation of the manner in which amounts
28

•HR 5528 EH

1 made available will be used to leverage ad2 ditional resources; and

3 ‘‘(ii) the uses to which the resources

4 described in clause (i) will be committed,

5 including—

6 ‘‘(I) eligible and required afford7 able housing activities; and

8 ‘‘(II) administrative expenses.

9 ‘‘(D) AFFORDABLE HOUSING RE10 SOURCES.—A statement of the affordable hous11 ing resources currently available at the time of

12 the submittal of the plan and to be made avail13 able during the period covered by the plan,

14 including—

15 ‘‘(i) a description of the significant

16 characteristics of the housing market in

17 the State of Hawaii, including the avail18 ability of housing from other public

19 sources, private market housing;

20 ‘‘(ii) the manner in which the charac21 teristics referred to in clause (i) influence

22 the decision of the Department of Hawai23 ian Home Lands to use grant amounts to

24 be provided under this title for—

25 ‘‘(I) rental assistance;
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1 ‘‘(II) the production of new units;

2 ‘‘(III) the acquisition of existing

3 units; or

4 ‘‘(IV) the rehabilitation of units;

5 ‘‘(iii) a description of the structure,

6 coordination, and means of cooperation be7 tween the Department of Hawaiian Home

8 Lands and any other governmental entities

9 in the development, submission, or imple10 mentation of housing plans, including a de11 scription of—

12 ‘‘(I) the involvement of private,

13 public, and nonprofit organizations

14 and institutions;

15 ‘‘(II) the use of loan guarantees

16 under section 184A of the Housing

17 and Community Development Act of

18 1992; and

19 ‘‘(III) other housing assistance

20 provided by the United States, includ21 ing loans, grants, and mortgage insur22 ance;

23 ‘‘(iv) a description of the manner in

24 which the plan will address the needs iden25 tified pursuant to subparagraph (C);
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•HR 5528 EH

1 ‘‘(v) a description of—

2 ‘‘(I) any existing or anticipated

3 homeownership programs and rental

4 programs to be carried out during the

5 period covered by the plan; and

6 ‘‘(II) the requirements and as7 sistance available under the programs

8 referred to in subclause (I);

9 ‘‘(vi) a description of—

10 ‘‘(I) any existing or anticipated

11 housing rehabilitation programs nec12 essary to ensure the long-term viabil13 ity of the housing to be carried out

14 during the period covered by the plan;

15 and

16 ‘‘(II) the requirements and as17 sistance available under the programs

18 referred to in subclause (I);

19 ‘‘(vii) a description of—

20 ‘‘(I) all other existing or antici21 pated housing assistance provided by

22 the Department of Hawaiian Home

23 Lands during the period covered by

24 the plan, including—

25 ‘‘(aa) transitional housing;
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•HR 5528 EH

1 ‘‘(bb) homeless housing;

2 ‘‘(cc) college housing; and

3 ‘‘(dd) supportive services

4 housing; and

5 ‘‘(II) the requirements and as6 sistance available under such pro7 grams;

8 ‘‘(viii)(I) a description of any housing

9 to be demolished or disposed of;

10 ‘‘(II) a timetable for that demolition

11 or disposition; and

12 ‘‘(III) any other information required

13 by the Secretary with respect to that dem14 olition or disposition;

15 ‘‘(ix) a description of the manner in

16 which the Department of Hawaiian Home

17 Lands will coordinate with welfare agencies

18 in the State of Hawaii to ensure that resi19 dents of the affordable housing will be pro20 vided with access to resources to assist in

21 obtaining employment and achieving self22 sufficiency;

23 ‘‘(x) a description of the requirements

24 established by the Department of Hawai25 ian Home Lands to—
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•HR 5528 EH

1 ‘‘(I) promote the safety of resi2 dents of the affordable housing;

3 ‘‘(II) facilitate the undertaking of

4 crime prevention measures;

5 ‘‘(III) allow resident input and

6 involvement, including the establish7 ment of resident organizations; and

8 ‘‘(IV) allow for the coordination

9 of crime prevention activities between

10 the Department and local law enforce11 ment officials; and

12 ‘‘(xi) a description of the entities that

13 will carry out the activities under the plan,

14 including the organizational capacity and

15 key personnel of the entities.

16 ‘‘(E) CERTIFICATION OF COMPLIANCE.—

17 Evidence of compliance that shall include, as

18 appropriate—

19 ‘‘(i) a certification that the Depart20 ment of Hawaiian Home Lands will com21 ply with—

22 ‘‘(I) title VI of the Civil Rights

23 Act of 1964 (42 U.S.C. 2000d et seq.)

24 or with title VIII of the Act popularly

25 known as the ‘Civil Rights Act of
33

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1 1968’ (42 U.S.C. 3601 et seq.) in car2 rying out this title, to the extent that

3 such title is applicable; and

4 ‘‘(II) other applicable Federal

5 statutes;

6 ‘‘(ii) a certification that the Depart7 ment will require adequate insurance cov8 erage for housing units that are owned and

9 operated or assisted with grant amounts

10 provided under this title, in compliance

11 with such requirements as may be estab12 lished by the Secretary;

13 ‘‘(iii) a certification that policies are

14 in effect and are available for review by the

15 Secretary and the public governing the eli16 gibility, admission, and occupancy of fami17 lies for housing assisted with grant

18 amounts provided under this title;

19 ‘‘(iv) a certification that policies are

20 in effect and are available for review by the

21 Secretary and the public governing rents

22 charged, including the methods by which

23 such rents or homebuyer payments are de24 termined, for housing assisted with grant

25 amounts provided under this title; and
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1 ‘‘(v) a certification that policies are in

2 effect and are available for review by the

3 Secretary and the public governing the

4 management and maintenance of housing

5 assisted with grant amounts provided

6 under this title.

7 ‘‘(d) APPLICABILITY OF CIVIL RIGHTS STATUTES.—

8 ‘‘(1) IN GENERAL.—To the extent that the re9 quirements of title VI of the Civil Rights Act of

10 1964 (42 U.S.C. 2000d et seq.) or of title VIII of

11 the Act popularly known as the ‘Civil Rights Act of

12 1968’ (42 U.S.C. 3601 et seq.) apply to assistance

13 provided under this title, nothing in the require14 ments concerning discrimination on the basis of race

15 shall be construed to prevent the provision of assist16 ance under this title—

17 ‘‘(A) to the Department of Hawaiian

18 Home Lands on the basis that the Department

19 served Native Hawaiians; or

20 ‘‘(B) to an eligible family on the basis that

21 the family is a Native Hawaiian family.

22 ‘‘(2) CIVIL RIGHTS.—Program eligibility under

23 this title may be restricted to Native Hawaiians.

24 Subject to the preceding sentence, no person may be

25 discriminated against on the basis of race, color, na-
35

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1 tional origin, religion, sex, familial status, or dis2 ability.

3 ‘‘(e) USE OF NONPROFIT ORGANIZATIONS.—As a

4 condition of receiving grant amounts under this title, the

5 Department of Hawaiian Home Lands shall, to the extent

6 practicable, provide for private nonprofit organizations ex7 perienced in the planning and development of affordable

8 housing for Native Hawaiians to carry out affordable

9 housing activities with those grant amounts.

10 ‘‘SEC. 804. REVIEW OF PLANS.

11 ‘‘(a) REVIEW AND NOTICE.—

12 ‘‘(1) REVIEW.—

13 ‘‘(A) IN GENERAL.—The Secretary shall

14 conduct a review of a housing plan submitted to

15 the Secretary under section 803 to ensure that

16 the plan complies with the requirements of that

17 section.

18 ‘‘(B) LIMITATION.—The Secretary shall

19 have the discretion to review a plan referred to

20 in subparagraph (A) only to the extent that the

21 Secretary considers that the review is necessary.

22 ‘‘(2) NOTICE.—

23 ‘‘(A) IN GENERAL.—Not later than 60

24 days after receiving a plan under section 803,

25 the Secretary shall notify the Director of the
36

•HR 5528 EH

1 Department of Hawaiian Home Lands whether

2 the plan complies with the requirements under

3 that section.

4 ‘‘(B) EFFECT OF FAILURE OF SECRETARY

5 TO TAKE ACTION.—For purposes of this title, if

6 the Secretary does not notify the Director, as

7 required under this subsection and subsection

8 (b), upon the expiration of the 60-day period

9 described in subparagraph (A)—

10 ‘‘(i) the plan shall be considered to

11 have been determined to comply with the

12 requirements under section 803; and

13 ‘‘(ii) the Director shall be considered

14 to have been notified of compliance.

15 ‘‘(b) NOTICE OF REASONS FOR DETERMINATION OF

16 NONCOMPLIANCE.—If the Secretary determines that a

17 plan submitted under section 803 does not comply with

18 the requirements of that section, the Secretary shall speci19 fy in the notice under subsection (a)—

20 ‘‘(1) the reasons for noncompliance; and

21 ‘‘(2) any modifications necessary for the plan to

22 meet the requirements of section 803.

23 ‘‘(c) REVIEW.—

24 ‘‘(1) IN GENERAL.—After the Director submits

25 a housing plan under section 803, or any amend-
37

•HR 5528 EH

1 ment or modification to the plan to the Secretary,

2 to the extent that the Secretary considers such ac3 tion to be necessary to make a determination under

4 this subsection, the Secretary shall review the plan

5 (including any amendments or modifications thereto)

6 to determine whether the contents of the plan—

7 ‘‘(A) set forth the information required by

8 section 803 to be contained in the housing plan;

9 ‘‘(B) are consistent with information and

10 data available to the Secretary; and

11 ‘‘(C) are not prohibited by or inconsistent

12 with any provision of this Act or any other ap13 plicable law.

14 ‘‘(2) INCOMPLETE PLANS.—If the Secretary de15 termines under this subsection that any of the ap16 propriate certifications required under section

17 803(c)(2)(E) are not included in a plan, the plan

18 shall be considered to be incomplete.

19 ‘‘(d) UPDATES TO PLAN.—

20 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

21 after a plan under section 803 has been submitted

22 for a fiscal year, the Director of the Department of

23 Hawaiian Home Lands may comply with the provi24 sions of that section for any succeeding fiscal year

25 (with respect to information included for the 5-year
38

•HR 5528 EH

1 period under section 803(b) or for the 1-year period

2 under section 803(c)) by submitting only such infor3 mation regarding such changes as may be necessary

4 to update the plan previously submitted.

5 ‘‘(2) COMPLETE PLANS.—The Director shall

6 submit a complete plan under section 803 not later

7 than 4 years after submitting an initial plan under

8 that section, and not less frequently than every 4

9 years thereafter.

10 ‘‘(e) EFFECTIVE DATE.—This section and section

11 803 shall take effect on the date provided by the Secretary

12 pursuant to section 807(a) to provide for timely submis13 sion and review of the housing plan as necessary for the

14 provision of assistance under this title for fiscal year 2000.

15 ‘‘SEC. 805. TREATMENT OF PROGRAM INCOME AND LABOR

16 STANDARDS.

17 ‘‘(a) PROGRAM INCOME.—

18 ‘‘(1) AUTHORITY TO RETAIN.—The Department

19 of Hawaiian Home Lands may retain any program

20 income that is realized from any grant amounts re21 ceived by the Department under this title if—

22 ‘‘(A) that income was realized after the ini23 tial disbursement of the grant amounts received

24 by the Department; and
39

•HR 5528 EH

1 ‘‘(B) the Director agrees to use the pro2 gram income for affordable housing activities in

3 accordance with the provisions of this title.

4 ‘‘(2) PROHIBITION OF REDUCTION OF GRANT.—

5 The Secretary may not reduce the grant amount for

6 the Department of Hawaiian Home Lands based

7 solely on—

8 ‘‘(A) whether the Department retains pro9 gram income under paragraph (1); or

10 ‘‘(B) the amount of any such program in11 come retained.

12 ‘‘(3) EXCLUSION OF AMOUNTS.—The Secretary

13 may, by regulation, exclude from consideration as

14 program income any amounts determined to be so

15 small that compliance with the requirements of this

16 subsection would create an unreasonable administra17 tive burden on the Department.

18 ‘‘(b) LABOR STANDARDS.—

19 ‘‘(1) IN GENERAL.—Any contract or agreement

20 for assistance, sale, or lease pursuant to this title

21 shall contain—

22 ‘‘(A) a provision requiring that an amount

23 not less than the wages prevailing in the local24 ity, as determined or adopted (subsequent to a

25 determination under applicable State or local
40

•HR 5528 EH

1 law) by the Secretary, shall be paid to all archi2 tects, technical engineers, draftsmen, techni3 cians employed in the development and all

4 maintenance, and laborers and mechanics em5 ployed in the operation, of the affordable hous6 ing project involved; and

7 ‘‘(B) a provision that an amount not less

8 than the wages prevailing in the locality, as pre9 determined by the Secretary of Labor pursuant

10 to the Act commonly known as the ‘Davis11 Bacon Act’ (46 Stat. 1494, chapter 411; 40

12 U.S.C. 276a et seq.) shall be paid to all labor13 ers and mechanics employed in the development

14 of the affordable housing involved.

15 ‘‘(2) EXCEPTIONS.—Paragraph (1) and provi16 sions relating to wages required under paragraph (1)

17 in any contract or agreement for assistance, sale, or

18 lease under this title, shall not apply to any indi19 vidual who performs the services for which the indi20 vidual volunteered and who is not otherwise em21 ployed at any time in the construction work and re22 ceived no compensation or is paid expenses, reason23 able benefits, or a nominal fee for those services.

24 ‘‘SEC. 806. ENVIRONMENTAL REVIEW.

25 ‘‘(a) IN GENERAL.—
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•HR 5528 EH

1 ‘‘(1) RELEASE OF FUNDS.—

2 ‘‘(A) IN GENERAL.—The Secretary may

3 carry out the alternative environmental protec4 tion procedures described in subparagraph (B)

5 in order to ensure—

6 ‘‘(i) that the policies of the National

7 Environmental Policy Act of 1969 (42

8 U.S.C. 4321 et seq.) and other provisions

9 of law that further the purposes of such

10 Act (as specified in regulations issued by

11 the Secretary) are most effectively imple12 mented in connection with the expenditure

13 of grant amounts provided under this title;

14 and

15 ‘‘(ii) to the public undiminished pro16 tection of the environment.

17 ‘‘(B) ALTERNATIVE ENVIRONMENTAL PRO18 TECTION PROCEDURE.—In lieu of applying en19 vironmental protection procedures otherwise ap20 plicable, the Secretary may by regulation pro21 vide for the release of funds for specific projects

22 to the Department of Hawaiian Home Lands if

23 the Director assumes all of the responsibilities

24 for environmental review, decisionmaking, and

25 action under the National Environmental Policy
42

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1 Act of 1969 (42 U.S.C. 4321 et seq.), and such

2 other provisions of law as the regulations of the

3 Secretary specify, that would apply to the Sec4 retary were the Secretary to undertake those

5 projects as Federal projects.

6 ‘‘(2) REGULATIONS.—

7 ‘‘(A) IN GENERAL.—The Secretary shall

8 issue regulations to carry out this section only

9 after consultation with the Council on Environ10 mental Quality.

11 ‘‘(B) CONTENTS.—The regulations issued

12 under this paragraph shall—

13 ‘‘(i) provide for the monitoring of the

14 environmental reviews performed under

15 this section;

16 ‘‘(ii) in the discretion of the Secretary,

17 facilitate training for the performance of

18 such reviews; and

19 ‘‘(iii) provide for the suspension or

20 termination of the assumption of respon21 sibilities under this section.

22 ‘‘(3) EFFECT ON ASSUMED RESPONSIBILITY.—

23 The duty of the Secretary under paragraph (2)(B)

24 shall not be construed to limit or reduce any respon25 sibility assumed by the Department of Hawaiian
43

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1 Home Lands for grant amounts with respect to any

2 specific release of funds.

3 ‘‘(b) PROCEDURE.—

4 ‘‘(1) IN GENERAL.—The Secretary shall author5 ize the release of funds subject to the procedures

6 under this section only if, not less than 15 days be7 fore that approval and before any commitment of

8 funds to such projects, the Director of the Depart9 ment of Hawaiian Home Lands submits to the Sec10 retary a request for such release accompanied by a

11 certification that meets the requirements of sub12 section (c).

13 ‘‘(2) EFFECT OF APPROVAL.—The approval of

14 the Secretary of a certification described in para15 graph (1) shall be deemed to satisfy the responsibil16 ities of the Secretary under the National Environ17 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

18 and such other provisions of law as the regulations

19 of the Secretary specify to the extent that those re20 sponsibilities relate to the releases of funds for

21 projects that are covered by that certification.

22 ‘‘(c) CERTIFICATION.—A certification under the pro23 cedures under this section shall—

24 ‘‘(1) be in a form acceptable to the Secretary;

25 ‘‘(2) be executed by the Director;
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•HR 5528 EH

1 ‘‘(3) specify that the Department of Hawaiian

2 Home Lands has fully carried out its responsibilities

3 as described under subsection (a); and

4 ‘‘(4) specify that the Director—

5 ‘‘(A) consents to assume the status of a re6 sponsible Federal official under the National

7 Environmental Policy Act of 1969 (42 U.S.C.

8 4321 et seq.) and each provision of law speci9 fied in regulations issued by the Secretary to

10 the extent that those laws apply by reason of

11 subsection (a); and

12 ‘‘(B) is authorized and consents on behalf

13 of the Department of Hawaiian Home Lands

14 and the Director to accept the jurisdiction of

15 the Federal courts for the purpose of enforce16 ment of the responsibilities of the Director.

17 ‘‘SEC. 807. REGULATIONS.

18 ‘‘The Secretary shall issue final regulations necessary

19 to carry out this title not later than October 1, 2000.

20 ‘‘SEC. 808. EFFECTIVE DATE.

21 ‘‘Except as otherwise expressly provided in this title,

22 this title shall take effect on the date of enactment of the

23 Native American Housing Assistance and Self-Determina24 tion Amendments of 2000.
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1 ‘‘SEC. 809. AFFORDABLE HOUSING ACTIVITIES.

2 ‘‘(a) NATIONAL OBJECTIVES AND ELIGIBLE FAMI3 LIES.—

4 ‘‘(1) PRIMARY OBJECTIVE.—The national objec5 tives of this title are—

6 ‘‘(A) to assist and promote affordable

7 housing activities to develop, maintain, and op8 erate affordable housing in safe and healthy en9 vironments for occupancy by low-income Native

10 Hawaiian families;

11 ‘‘(B) to ensure better access to private

12 mortgage markets and to promote self-suffi13 ciency of low-income Native Hawaiian families;

14 ‘‘(C) to coordinate activities to provide

15 housing for low-income Native Hawaiian fami16 lies with Federal, State and local activities to

17 further economic and community development;

18 ‘‘(D) to plan for and integrate infrastruc19 ture resources on the Hawaiian Home Lands

20 with housing development; and

21 ‘‘(E) to—

22 ‘‘(i) promote the development of pri23 vate capital markets; and

24 ‘‘(ii) allow the markets referred to in

25 clause (i) to operate and grow, thereby

26 benefiting Native Hawaiian communities.
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1 ‘‘(2) ELIGIBLE FAMILIES.—

2 ‘‘(A) IN GENERAL.—Except as provided

3 under subparagraph (B), assistance for eligible

4 housing activities under this title shall be lim5 ited to low-income Native Hawaiian families.

6 ‘‘(B) EXCEPTION TO LOW-INCOME RE7 QUIREMENT.—

8 ‘‘(i) IN GENERAL.—The Director may

9 provide assistance for homeownership ac10 tivities under—

11 ‘‘(I) section 810(b);

12 ‘‘(II) model activities under sec13 tion 810(f); or

14 ‘‘(III) loan guarantee activities

15 under section 184A of the Housing

16 and Community Development Act of

17 1992 to Native Hawaiian families who

18 are not low-income families, to the ex19 tent that the Secretary approves the

20 activities under that section to ad21 dress a need for housing for those

22 families that cannot be reasonably

23 met without that assistance.

24 ‘‘(ii) LIMITATIONS.—The Secretary

25 shall establish limitations on the amount of
47

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1 assistance that may be provided under this

2 title for activities for families that are not

3 low-income families.

4 ‘‘(C) OTHER FAMILIES.—Notwithstanding

5 paragraph (1), the Director may provide hous6 ing or housing assistance provided through af7 fordable housing activities assisted with grant

8 amounts under this title to a family that is not

9 composed of Native Hawaiians if—

10 ‘‘(i) the Department determines that

11 the presence of the family in the housing

12 involved is essential to the well-being of

13 Native Hawaiian families; and

14 ‘‘(ii) the need for housing for the fam15 ily cannot be reasonably met without the

16 assistance.

17 ‘‘(D) PREFERENCE.—

18 ‘‘(i) IN GENERAL.—A housing plan

19 submitted under section 803 may authorize

20 a preference, for housing or housing assist21 ance provided through affordable housing

22 activities assisted with grant amounts pro23 vided under this title to be provided, to the

24 extent practicable, to families that are eli-
48

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1 gible to reside on the Hawaiian Home

2 Lands.

3 ‘‘(ii) APPLICATION.—In any case in

4 which a housing plan provides for pref5 erence described in clause (i), the Director

6 shall ensure that housing activities that are

7 assisted with grant amounts under this

8 title are subject to that preference.

9 ‘‘(E) USE OF NONPROFIT ORGANIZA10 TIONS.—As a condition of receiving grant

11 amounts under this title, the Department of

12 Hawaiian Home Lands, shall to the extent

13 practicable, provide for private nonprofit orga14 nizations experienced in the planning and devel15 opment of affordable housing for Native Hawai16 ians to carry out affordable housing activities

17 with those grant amounts.

18 ‘‘SEC. 810. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.

19 ‘‘(a) IN GENERAL.—Affordable housing activities

20 under this section are activities conducted in accordance

21 with the requirements of section 811 to—

22 ‘‘(1) develop or to support affordable housing

23 for rental or homeownership; or
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1 ‘‘(2) provide housing services with respect to af2 fordable housing, through the activities described in

3 subsection (b).

4 ‘‘(b) ACTIVITIES.—The activities described in this

5 subsection are the following:

6 ‘‘(1) DEVELOPMENT.—The acquisition, new

7 construction, reconstruction, or moderate or sub8 stantial rehabilitation of affordable housing, which

9 may include—

10 ‘‘(A) real property acquisition;

11 ‘‘(B) site improvement;

12 ‘‘(C) the development of utilities and util13 ity services;

14 ‘‘(D) conversion;

15 ‘‘(E) demolition;

16 ‘‘(F) financing;

17 ‘‘(G) administration and planning; and

18 ‘‘(H) other related activities.

19 ‘‘(2) HOUSING SERVICES.—The provision of

20 housing-related services for affordable housing,

21 including—

22 ‘‘(A) housing counseling in connection with

23 rental or homeownership assistance;
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1 ‘‘(B) the establishment and support of

2 resident organizations and resident manage3 ment corporations;

4 ‘‘(C) energy auditing;

5 ‘‘(D) activities related to the provisions of

6 self-sufficiency and other services; and

7 ‘‘(E) other services related to assisting

8 owners, tenants, contractors, and other entities

9 participating or seeking to participate in other

10 housing activities assisted pursuant to this sec11 tion.

12 ‘‘(3) HOUSING MANAGEMENT SERVICES.—The

13 provision of management services for affordable

14 housing, including—

15 ‘‘(A) the preparation of work specifica16 tions;

17 ‘‘(B) loan processing;

18 ‘‘(C) inspections;

19 ‘‘(D) tenant selection;

20 ‘‘(E) management of tenant-based rental

21 assistance; and

22 ‘‘(F) management of affordable housing

23 projects.

24 ‘‘(4) CRIME PREVENTION AND SAFETY ACTIVI25 TIES.—The provision of safety, security, and law en-
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1 forcement measures and activities appropriate to

2 protect residents of affordable housing from crime.

3 ‘‘(5) MODEL ACTIVITIES.—Housing activities

4 under model programs that are—

5 ‘‘(A) designed to carry out the purposes of

6 this title; and

7 ‘‘(B) specifically approved by the Secretary

8 as appropriate for the purpose referred to in

9 subparagraph (A).

10 ‘‘SEC. 811. PROGRAM REQUIREMENTS.

11 ‘‘(a) RENTS.—

12 ‘‘(1) ESTABLISHMENT.—Subject to paragraph

13 (2), as a condition to receiving grant amounts under

14 this title, the Director shall develop written policies

15 governing rents and homebuyer payments charged

16 for dwelling units assisted under this title, including

17 methods by which such rents and homebuyer pay18 ments are determined.

19 ‘‘(2) MAXIMUM RENT.—In the case of any low20 income family residing in a dwelling unit assisted

21 with grant amounts under this title, the monthly

22 rent or homebuyer payment (as applicable) for that

23 dwelling unit may not exceed 30 percent of the

24 monthly adjusted income of that family.

25 ‘‘(b) MAINTENANCE AND EFFICIENT OPERATION.—
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1 ‘‘(1) IN GENERAL.—The Director shall, using

2 amounts of any grants received under this title, re3 serve and use for operating under section 810 such

4 amounts as may be necessary to provide for the con5 tinued maintenance and efficient operation of such

6 housing.

7 ‘‘(2) DISPOSAL OF CERTAIN HOUSING.—This

8 subsection may not be construed to prevent the Di9 rector, or any entity funded by the Department,

10 from demolishing or disposing of housing, pursuant

11 to regulations established by the Secretary.

12 ‘‘(c) INSURANCE COVERAGE.—As a condition to re13 ceiving grant amounts under this title, the Director shall

14 require adequate insurance coverage for housing units that

15 are owned or operated or assisted with grant amounts pro16 vided under this title.

17 ‘‘(d) ELIGIBILITY FOR ADMISSION.—As a condition

18 to receiving grant amounts under this title, the Director

19 shall develop written policies governing the eligibility, ad20 mission, and occupancy of families for housing assisted

21 with grant amounts provided under this title.

22 ‘‘(e) MANAGEMENT AND MAINTENANCE.—As a con23 dition to receiving grant amounts under this title, the Di24 rector shall develop policies governing the management
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1 and maintenance of housing assisted with grant amounts

2 under this title.

3 ‘‘SEC. 812. TYPES OF INVESTMENTS.

4 ‘‘(a) IN GENERAL.—Subject to section 811 and an

5 applicable housing plan approved under section 803, the

6 Director shall have—

7 ‘‘(1) the discretion to use grant amounts for af8 fordable housing activities through the use of—

9 ‘‘(A) equity investments;

10 ‘‘(B) interest-bearing loans or advances;

11 ‘‘(C) noninterest-bearing loans or ad12 vances;

13 ‘‘(D) interest subsidies;

14 ‘‘(E) the leveraging of private investments;

15 or

16 ‘‘(F) any other form of assistance that the

17 Secretary determines to be consistent with the

18 purposes of this title; and

19 ‘‘(2) the right to establish the terms of assist20 ance provided with funds referred to in paragraph

21 (1).

22 ‘‘(b) INVESTMENTS.—The Director may invest grant

23 amounts for the purposes of carrying out affordable hous24 ing activities in investment securities and other obliga25 tions, as approved by the Secretary.
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1 ‘‘SEC. 813. LOW-INCOME REQUIREMENT AND INCOME TAR2 GETING.

3 ‘‘(a) IN GENERAL.—Housing shall qualify for afford4 able housing for purposes of this title only if—

5 ‘‘(1) each dwelling unit in the housing—

6 ‘‘(A) in the case of rental housing, is made

7 available for occupancy only by a family that is

8 a low-income family at the time of the initial

9 occupancy of that family of that unit; and

10 ‘‘(B) in the case of housing for home11 ownership, is made available for purchase only

12 by a family that is a low-income family at the

13 time of purchase; and

14 ‘‘(2) each dwelling unit in the housing will re15 main affordable, according to binding commitments

16 satisfactory to the Secretary, for—

17 ‘‘(A) the remaining useful life of the prop18 erty (as determined by the Secretary) without

19 regard to the term of the mortgage or to trans20 fer of ownership; or

21 ‘‘(B) such other period as the Secretary

22 determines is the longest feasible period of time

23 consistent with sound economics and the pur24 poses of this title, except upon a foreclosure by

25 a lender (or upon other transfer in lieu of fore26 closure) if that action—
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•HR 5528 EH

1 ‘‘(i) recognizes any contractual or

2 legal rights of any public agency, nonprofit

3 sponsor, or other person or entity to take

4 an action that would—

5 ‘‘(I) avoid termination of low-in6 come affordability, in the case of fore7 closure; or

8 ‘‘(II) transfer ownership in lieu

9 of foreclosure; and

10 ‘‘(ii) is not for the purpose of avoiding

11 low-income affordability restrictions, as de12 termined by the Secretary.

13 ‘‘(b) EXCEPTION.—Notwithstanding subsection (a),

14 housing assisted pursuant to section 809(a)(2)(B) shall be

15 considered affordable housing for purposes of this title.

16 ‘‘SEC. 814. LEASE REQUIREMENTS AND TENANT SELEC17 TION.

18 ‘‘(a) LEASES.—Except to the extent otherwise pro19 vided by or inconsistent with the laws of the State of Ha20 waii, in renting dwelling units in affordable housing as21 sisted with grant amounts provided under this title, the

22 Director, owner, or manager shall use leases that—

23 ‘‘(1) do not contain unreasonable terms and

24 conditions;
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•HR 5528 EH

1 ‘‘(2) require the Director, owner, or manager to

2 maintain the housing in compliance with applicable

3 housing codes and quality standards;

4 ‘‘(3) require the Director, owner, or manager to

5 give adequate written notice of termination of the

6 lease, which shall be the period of time required

7 under applicable State or local law;

8 ‘‘(4) specify that, with respect to any notice of

9 eviction or termination, notwithstanding any State

10 or local law, a resident shall be informed of the op11 portunity, before any hearing or trial, to examine

12 any relevant documents, record, or regulations di13 rectly related to the eviction or termination;

14 ‘‘(5) require that the Director, owner, or man15 ager may not terminate the tenancy, during the

16 term of the lease, except for serious or repeated vio17 lation of the terms and conditions of the lease, viola18 tion of applicable Federal, State, or local law, or for

19 other good cause; and

20 ‘‘(6) provide that the Director, owner, or man21 ager may terminate the tenancy of a resident for

22 any activity, engaged in by the resident, any member

23 of the household of the resident, or any guest or

24 other person under the control of the resident,

25 that—
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•HR 5528 EH

1 ‘‘(A) threatens the health or safety of, or

2 right to peaceful enjoyment of the premises by,

3 other residents or employees of the Department,

4 owner, or manager;

5 ‘‘(B) threatens the health or safety of, or

6 right to peaceful enjoyment of their premises

7 by, persons residing in the immediate vicinity of

8 the premises; or

9 ‘‘(C) is criminal activity (including drug-re10 lated criminal activity) on or off the premises.

11 ‘‘(b) TENANT OR HOMEBUYER SELECTION.—As a

12 condition to receiving grant amounts under this title, the

13 Director shall adopt and use written tenant and home14 buyer selection policies and criteria that—

15 ‘‘(1) are consistent with the purpose of pro16 viding housing for low-income families;

17 ‘‘(2) are reasonably related to program eligi18 bility and the ability of the applicant to perform the

19 obligations of the lease; and

20 ‘‘(3) provide for—

21 ‘‘(A) the selection of tenants and home22 buyers from a written waiting list in accordance

23 with the policies and goals set forth in an appli24 cable housing plan approved under section 803;

25 and
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•HR 5528 EH

1 ‘‘(B) the prompt notification in writing of

2 any rejected applicant of the grounds for that

3 rejection.

4 ‘‘SEC. 815. REPAYMENT.

5 ‘‘If the Department of Hawaiian Home Lands uses

6 grant amounts to provide affordable housing under activi7 ties under this title and, at any time during the useful

8 life of the housing, the housing does not comply with the

9 requirement under section 813(a)(2), the Secretary

10 shall—

11 ‘‘(1) reduce future grant payments on behalf of

12 the Department by an amount equal to the grant

13 amounts used for that housing (under the authority

14 of section 819(a)(2)); or

15 ‘‘(2) require repayment to the Secretary of any

16 amount equal to those grant amounts.

17 ‘‘SEC. 816. ANNUAL ALLOCATION.

18 ‘‘For each fiscal year, the Secretary shall allocate any

19 amounts made available for assistance under this title for

20 the fiscal year, in accordance with the formula established

21 pursuant to section 817 to the Department of Hawaiian

22 Home Lands if the Department complies with the require23 ments under this title for a grant under this title.
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1 ‘‘SEC. 817. ALLOCATION FORMULA.

2 ‘‘(a) ESTABLISHMENT.—The Secretary shall, by reg3 ulation issued not later than the expiration of the 6-month

4 period beginning on the date of enactment of the Hawai5 ian Homelands Homeownership Act of 2000, in the man6 ner provided under section 807, establish a formula to pro7 vide for the allocation of amounts available for a fiscal

8 year for block grants under this title in accordance with

9 the requirements of this section.

10 ‘‘(b) FACTORS FOR DETERMINATION OF NEED.—

11 The formula under subsection (a) shall be based on factors

12 that reflect the needs for assistance for affordable housing

13 activities, including—

14 ‘‘(1) the number of low-income dwelling units

15 owned or operated at the time pursuant to a con16 tract between the Director and the Secretary;

17 ‘‘(2) the extent of poverty and economic distress

18 and the number of Native Hawaiian families eligible

19 to reside on the Hawaiian Home Lands; and

20 ‘‘(3) any other objectively measurable condi21 tions that the Secretary and the Director may speci22 fy.

23 ‘‘(c) OTHER FACTORS FOR CONSIDERATION.—In es24 tablishing the formula under subsection (a), the Secretary

25 shall consider the relative administrative capacities of the
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1 Department of Hawaiian Home Lands and other chal2 lenges faced by the Department, including—

3 ‘‘(1) geographic distribution within Hawaiian

4 Home Lands; and

5 ‘‘(2) technical capacity.

6 ‘‘(d) EFFECTIVE DATE.—This section shall take ef7 fect on the date of enactment of the Hawaiian Homelands

8 Homeownership Act of 2000.

9 ‘‘SEC. 818. REMEDIES FOR NONCOMPLIANCE.

10 ‘‘(a) ACTIONS BY SECRETARY AFFECTING GRANT

11 AMOUNTS.—

12 ‘‘(1) IN GENERAL.—Except as provided in sub13 section (b), if the Secretary finds after reasonable

14 notice and opportunity for a hearing that the De15 partment of Hawaiian Home Lands has failed to

16 comply substantially with any provision of this title,

17 the Secretary shall—

18 ‘‘(A) terminate payments under this title

19 to the Department;

20 ‘‘(B) reduce payments under this title to

21 the Department by an amount equal to the

22 amount of such payments that were not ex23 pended in accordance with this title; or
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1 ‘‘(C) limit the availability of payments

2 under this title to programs, projects, or activi3 ties not affected by such failure to comply.

4 ‘‘(2) ACTIONS.—If the Secretary takes an ac5 tion under subparagraph (A), (B), or (C) of para6 graph (1), the Secretary shall continue that action

7 until the Secretary determines that the failure by

8 the Department to comply with the provision has

9 been remedied by the Department and the Depart10 ment is in compliance with that provision.

11 ‘‘(b) NONCOMPLIANCE BECAUSE OF A TECHNICAL

12 INCAPACITY.—The Secretary may provide technical assist13 ance for the Department, either directly or indirectly, that

14 is designed to increase the capability and capacity of the

15 Director of the Department to administer assistance pro16 vided under this title in compliance with the requirements

17 under this title if the Secretary makes a finding under

18 subsection (a), but determines that the failure of the De19 partment to comply substantially with the provisions of

20 this title—

21 ‘‘(1) is not a pattern or practice of activities

22 constituting willful noncompliance; and

23 ‘‘(2) is a result of the limited capability or ca24 pacity of the Department of Hawaiian Home Lands.

25 ‘‘(c) REFERRAL FOR CIVIL ACTION.—
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•HR 5528 EH

1 ‘‘(1) AUTHORITY.—In lieu of, or in addition to,

2 any action that the Secretary may take under sub3 section (a), if the Secretary has reason to believe

4 that the Department of Hawaiian Home Lands has

5 failed to comply substantially with any provision of

6 this title, the Secretary may refer the matter to the

7 Attorney General of the United States with a rec8 ommendation that an appropriate civil action be in9 stituted.

10 ‘‘(2) CIVIL ACTION.—Upon receiving a referral

11 under paragraph (1), the Attorney General may

12 bring a civil action in any United States district

13 court of appropriate jurisdiction for such relief as

14 may be appropriate, including an action—

15 ‘‘(A) to recover the amount of the assist16 ance furnished under this title that was not ex17 pended in accordance with this title; or

18 ‘‘(B) for mandatory or injunctive relief.

19 ‘‘(d) REVIEW.—

20 ‘‘(1) IN GENERAL.—If the Director receives no21 tice under subsection (a) of the termination, reduc22 tion, or limitation of payments under this Act, the

23 Director—

24 ‘‘(A) may, not later than 60 days after re25 ceiving such notice, file with the United States
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•HR 5528 EH

1 Court of Appeals for the Ninth Circuit, or in

2 the United States Court of Appeals for the Dis3 trict of Columbia, a petition for review of the

4 action of the Secretary; and

5 ‘‘(B) upon the filing of any petition under

6 subparagraph (A), shall forthwith transmit cop7 ies of the petition to the Secretary and the At8 torney General of the United States, who shall

9 represent the Secretary in the litigation.

10 ‘‘(2) PROCEDURE.—

11 ‘‘(A) IN GENERAL.—The Secretary shall

12 file in the court a record of the proceeding on

13 which the Secretary based the action, as pro14 vided in section 2112 of title 28, United States

15 Code.

16 ‘‘(B) OBJECTIONS.—No objection to the

17 action of the Secretary shall be considered by

18 the court unless the Department has registered

19 the objection before the Secretary.

20 ‘‘(3) DISPOSITION.—

21 ‘‘(A) COURT PROCEEDINGS.—

22 ‘‘(i) JURISDICTION OF COURT.—The

23 court shall have jurisdiction to affirm or

24 modify the action of the Secretary or to set

25 the action aside in whole or in part.
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1 ‘‘(ii) FINDINGS OF FACT.—If sup2 ported by substantial evidence on the

3 record considered as a whole, the findings

4 of fact by the Secretary shall be conclusive.

5 ‘‘(iii) ADDITION.—The court may

6 order evidence, in addition to the evidence

7 submitted for review under this subsection,

8 to be taken by the Secretary, and to be

9 made part of the record.

10 ‘‘(B) SECRETARY.—

11 ‘‘(i) IN GENERAL.—The Secretary, by

12 reason of the additional evidence referred

13 to in subparagraph (A) and filed with the

14 court—

15 ‘‘(I) may—

16 ‘‘(aa) modify the findings of

17 fact of the Secretary; or

18 ‘‘(bb) make new findings;

19 and

20 ‘‘(II) shall file—

21 ‘‘(aa) such modified or new

22 findings; and

23 ‘‘(bb) the recommendation

24 of the Secretary, if any, for the

25 modification or setting aside of
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•HR 5528 EH

1 the original action of the Sec2 retary.

3 ‘‘(ii) FINDINGS.—The findings re4 ferred to in clause (i)(II)(bb) shall, with

5 respect to a question of fact, be considered

6 to be conclusive if those findings are—

7 ‘‘(I) supported by substantial evi8 dence on the record; and

9 ‘‘(II) considered as a whole.

10 ‘‘(4) FINALITY.—

11 ‘‘(A) IN GENERAL.—Except as provided in

12 subparagraph (B), upon the filing of the record

13 under this subsection with the court—

14 ‘‘(i) the jurisdiction of the court shall

15 be exclusive; and

16 ‘‘(ii) the judgment of the court shall

17 be final.

18 ‘‘(B) REVIEW BY SUPREME COURT.—A

19 judgment under subparagraph (A) shall be sub20 ject to review by the Supreme Court of the

21 United States upon writ of certiorari or certifi22 cation, as provided in section 1254 of title 28,

23 United States Code.

24 ‘‘SEC. 819. MONITORING OF COMPLIANCE.

25 ‘‘(a) ENFORCEABLE AGREEMENTS.—
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1 ‘‘(1) IN GENERAL.—The Director, through

2 binding contractual agreements with owners or other

3 authorized entities, shall ensure long-term compli4 ance with the provisions of this title.

5 ‘‘(2) MEASURES.—The measures referred to in

6 paragraph (1) shall provide for—

7 ‘‘(A) to the extent allowable by Federal

8 and State law, the enforcement of the provi9 sions of this title by the Department and the

10 Secretary; and

11 ‘‘(B) remedies for breach of the provisions

12 referred to in paragraph (1).

13 ‘‘(b) PERIODIC MONITORING.—

14 ‘‘(1) IN GENERAL.—Not less frequently than

15 annually, the Director shall review the activities con16 ducted and housing assisted under this title to as17 sess compliance with the requirements of this title.

18 ‘‘(2) REVIEW.—Each review under paragraph

19 (1) shall include onsite inspection of housing to de20 termine compliance with applicable requirements.

21 ‘‘(3) RESULTS.—The results of each review

22 under paragraph (1) shall be—

23 ‘‘(A) included in a performance report of

24 the Director submitted to the Secretary under

25 section 820; and
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•HR 5528 EH

1 ‘‘(B) made available to the public.

2 ‘‘(c) PERFORMANCE MEASURES.—The Secretary

3 shall establish such performance measures as may be nec4 essary to assess compliance with the requirements of this

5 title.

6 ‘‘SEC. 820. PERFORMANCE REPORTS.

7 ‘‘(a) REQUIREMENT.—For each fiscal year, the Di8 rector shall—

9 ‘‘(1) review the progress the Department has

10 made during that fiscal year in carrying out the

11 housing plan submitted by the Department under

12 section 803; and

13 ‘‘(2) submit a report to the Secretary (in a

14 form acceptable to the Secretary) describing the con15 clusions of the review.

16 ‘‘(b) CONTENT.—Each report submitted under this

17 section for a fiscal year shall—

18 ‘‘(1) describe the use of grant amounts provided

19 to the Department of Hawaiian Home Lands for

20 that fiscal year;

21 ‘‘(2) assess the relationship of the use referred

22 to in paragraph (1) to the goals identified in the

23 housing plan;

24 ‘‘(3) indicate the programmatic accomplish25 ments of the Department; and
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1 ‘‘(4) describe the manner in which the Depart2 ment would change its housing plan submitted under

3 section 803 as a result of its experiences.

4 ‘‘(c) SUBMISSIONS.—The Secretary shall—

5 ‘‘(1) establish a date for submission of each re6 port under this section;

7 ‘‘(2) review each such report; and

8 ‘‘(3) with respect to each such report, make rec9 ommendations as the Secretary considers appro10 priate to carry out the purposes of this title.

11 ‘‘(d) PUBLIC AVAILABILITY.—

12 ‘‘(1) COMMENTS BY BENEFICIARIES.—In pre13 paring a report under this section, the Director shall

14 make the report publicly available to the bene15 ficiaries of the Hawaiian Homes Commission Act,

16 1920 (42 Stat. 108 et seq.) and give a sufficient

17 amount of time to permit those beneficiaries to com18 ment on that report before it is submitted to the

19 Secretary (in such manner and at such time as the

20 Director may determine).

21 ‘‘(2) SUMMARY OF COMMENTS.—The report

22 shall include a summary of any comments received

23 by the Director from beneficiaries under paragraph

24 (1) regarding the program to carry out the housing

25 plan.
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1 ‘‘SEC. 821. REVIEW AND AUDIT BY SECRETARY.

2 ‘‘(a) ANNUAL REVIEW.—

3 ‘‘(1) IN GENERAL.—The Secretary shall, not

4 less frequently than on an annual basis, make such

5 reviews and audits as may be necessary or appro6 priate to determine whether—

7 ‘‘(A) the Director has—

8 ‘‘(i) carried out eligible activities

9 under this title in a timely manner;

10 ‘‘(ii) carried out and made certifi11 cations in accordance with the require12 ments and the primary objectives of this

13 title and with other applicable laws; and

14 ‘‘(iii) a continuing capacity to carry

15 out the eligible activities in a timely man16 ner;

17 ‘‘(B) the Director has complied with the

18 housing plan submitted by the Director under

19 section 803; and

20 ‘‘(C) the performance reports of the De21 partment under section 821 are accurate.

22 ‘‘(2) ONSITE VISITS.—Each review conducted

23 under this section shall, to the extent practicable, in24 clude onsite visits by employees of the Department

25 of Housing and Urban Development.
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1 ‘‘(b) REPORT BY SECRETARY.—The Secretary shall

2 give the Department of Hawaiian Home Lands not less

3 than 30 days to review and comment on a report under

4 this subsection. After taking into consideration the com5 ments of the Department, the Secretary may revise the

6 report and shall make the comments of the Department

7 and the report with any revisions, readily available to the

8 public not later than 30 days after receipt of the com9 ments of the Department.

10 ‘‘(c) EFFECT OF REVIEWS.—The Secretary may

11 make appropriate adjustments in the amount of annual

12 grants under this title in accordance with the findings of

13 the Secretary pursuant to reviews and audits under this

14 section. The Secretary may adjust, reduce, or withdraw

15 grant amounts, or take other action as appropriate in ac16 cordance with the reviews and audits of the Secretary

17 under this section, except that grant amounts already ex18 pended on affordable housing activities may not be recap19 tured or deducted from future assistance provided to the

20 Department of Hawaiian Home Lands.

21 ‘‘SEC. 822. GENERAL ACCOUNTING OFFICE AUDITS.

22 ‘‘To the extent that the financial transactions of the

23 Department of Hawaiian Home Lands involving grant

24 amounts under this title relate to amounts provided under

25 this title, those transactions may be audited by the Comp-
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1 troller General of the United States under such regula2 tions as may be prescribed by the Comptroller General.

3 The Comptroller General of the United States shall have

4 access to all books, accounts, records, reports, files, and

5 other papers, things, or property belonging to or in use

6 by the Department of Hawaiian Home Lands pertaining

7 to such financial transactions and necessary to facilitate

8 the audit.

9 ‘‘SEC. 823. REPORTS TO CONGRESS.

10 ‘‘(a) IN GENERAL.—Not later than 90 days after the

11 conclusion of each fiscal year in which assistance under

12 this title is made available, the Secretary shall submit to

13 Congress a report that contains—

14 ‘‘(1) a description of the progress made in ac15 complishing the objectives of this title;

16 ‘‘(2) a summary of the use of funds available

17 under this title during the preceding fiscal year; and

18 ‘‘(3) a description of the aggregate outstanding

19 loan guarantees under section 184A of the Housing

20 and Community Development Act of 1992.

21 ‘‘(b) RELATED REPORTS.—The Secretary may re22 quire the Director to submit to the Secretary such reports

23 and other information as may be necessary in order for

24 the Secretary to prepare the report required under sub25 section (a).
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1 ‘‘SEC. 824. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There are authorized to be appropriated to the De3 partment of Housing and Urban Development for grants

4 under this title such sums as may be necessary for each

5 of fiscal years 2000, 2001, 2002, 2003, and 2004.’’.

6 SEC. 204. LOAN GUARANTEES FOR NATIVE HAWAIIAN

7 HOUSING.

8 Subtitle E of title I of the Housing and Community

9 Development Act of 1992 is amended by inserting after

10 section 184 (12 U.S.C. 1715z–13a) the following:

11 ‘‘SEC. 184A. LOAN GUARANTEES FOR NATIVE HAWAIIAN

12 HOUSING.

13 ‘‘(a) DEFINITIONS.—In this section:

14 ‘‘(1) DEPARTMENT OF HAWAIIAN HOME

15 LANDS.—The term ‘Department of Hawaiian Home

16 Lands’ means the agency or department of the gov17 ernment of the State of Hawaii that is responsible

18 for the administration of the Hawaiian Homes Com19 mission Act, 1920 (42 Stat. 108 et seq.).

20 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en21 tity’ means a Native Hawaiian family, the Depart22 ment of Hawaiian Home Lands, the Office of Ha23 waiian Affairs, and private nonprofit or private for24 profit organizations experienced in the planning and

25 development of affordable housing for Native Hawai26 ians.
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1 ‘‘(3) FAMILY.—The term ‘family’ means 1 or

2 more persons maintaining a household, as the Sec3 retary shall by regulation provide.

4 ‘‘(4) GUARANTEE FUND.—The term ‘Guarantee

5 Fund’ means the Native Hawaiian Housing Loan

6 Guarantee Fund established under subsection (i).

7 ‘‘(5) HAWAIIAN HOME LANDS.—The term ‘Ha8 waiian Home Lands’ means lands that—

9 ‘‘(A) have the status of Hawaiian Home

10 Lands under section 204 of the Hawaiian

11 Homes Commission Act (42 Stat. 110); or

12 ‘‘(B) are acquired pursuant to that Act.

13 ‘‘(6) NATIVE HAWAIIAN.—The term ‘Native

14 Hawaiian’ means any individual who is—

15 ‘‘(A) a citizen of the United States; and

16 ‘‘(B) a descendant of the aboriginal people,

17 who, prior to 1778, occupied and exercised sov18 ereignty in the area that currently constitutes

19 the State of Hawaii, as evidenced by—

20 ‘‘(i) genealogical records;

21 ‘‘(ii) verification by kupuna (elders) or

22 kama’aina (long-term community resi23 dents); or

24 ‘‘(iii) birth records of the State of Ha25 waii.
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1 ‘‘(7) OFFICE OF HAWAIIAN AFFAIRS.—The

2 term ‘Office of Hawaiian Affairs’ means the entity

3 of that name established under the constitution of

4 the State of Hawaii.

5 ‘‘(b) AUTHORITY.—To provide access to sources of

6 private financing to Native Hawaiian families who other7 wise could not acquire housing financing because of the

8 unique legal status of the Hawaiian Home Lands or as

9 a result of a lack of access to private financial markets,

10 the Secretary may guarantee an amount not to exceed 100

11 percent of the unpaid principal and interest that is due

12 on an eligible loan under subsection (c).

13 ‘‘(c) ELIGIBLE LOANS.—Under this section, a loan

14 is an eligible loan if that loan meets the following require15 ments:

16 ‘‘(1) ELIGIBLE BORROWERS.—The loan is made

17 only to a borrower who is—

18 ‘‘(A) a Native Hawaiian family;

19 ‘‘(B) the Department of Hawaiian Home

20 Lands;

21 ‘‘(C) the Office of Hawaiian Affairs; or

22 ‘‘(D) a private nonprofit organization expe23 rienced in the planning and development of af24 fordable housing for Native Hawaiians.

25 ‘‘(2) ELIGIBLE HOUSING.—
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1 ‘‘(A) IN GENERAL.—The loan will be used

2 to construct, acquire, or rehabilitate not more

3 than 4-family dwellings that are standard hous4 ing and are located on Hawaiian Home Lands

5 for which a housing plan described in subpara6 graph (B) applies.

7 ‘‘(B) HOUSING PLAN.—A housing plan de8 scribed in this subparagraph is a housing plan

9 that—

10 ‘‘(i) has been submitted and approved

11 by the Secretary under section 803 of the

12 Native American Housing Assistance and

13 Self-Determination Act of 1996; and

14 ‘‘(ii) provides for the use of loan guar15 antees under this section to provide afford16 able homeownership housing on Hawaiian

17 Home Lands.

18 ‘‘(3) SECURITY.—The loan may be secured by

19 any collateral authorized under applicable Federal or

20 State law.

21 ‘‘(4) LENDERS.—

22 ‘‘(A) IN GENERAL.—The loan shall be

23 made only by a lender approved by, and meet24 ing qualifications established by, the Secretary,

25 including any lender described in subparagraph
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1 (B), except that a loan otherwise insured or

2 guaranteed by an agency of the Federal Gov3 ernment or made by the Department of Hawai4 ian Home Lands from amounts borrowed from

5 the United States shall not be eligible for a

6 guarantee under this section.

7 ‘‘(B) APPROVAL.—The following lenders

8 shall be considered to be lenders that have been

9 approved by the Secretary:

10 ‘‘(i) Any mortgagee approved by the

11 Secretary for participation in the single

12 family mortgage insurance program under

13 title II of the National Housing Act (12

14 U.S.C.A. 1707 et seq.).

15 ‘‘(ii) Any lender that makes housing

16 loans under chapter 37 of title 38, United

17 States Code, that are automatically guar18 anteed under section 3702(d) of title 38,

19 United States Code.

20 ‘‘(iii) Any lender approved by the Sec21 retary of Agriculture to make guaranteed

22 loans for single family housing under the

23 Housing Act of 1949 (42 U.S.C.A. 1441 et

24 seq.).
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1 ‘‘(iv) Any other lender that is super2 vised, approved, regulated, or insured by

3 any agency of the Federal Government.

4 ‘‘(5) TERMS.—The loan shall—

5 ‘‘(A) be made for a term not exceeding 30

6 years;

7 ‘‘(B) bear interest (exclusive of the guar8 antee fee under subsection (e) and service

9 charges, if any) at a rate agreed upon by the

10 borrower and the lender and determined by the

11 Secretary to be reasonable, but not to exceed

12 the rate generally charged in the area (as deter13 mined by the Secretary) for home mortgage

14 loans not guaranteed or insured by any agency

15 or instrumentality of the Federal Government;

16 ‘‘(C) involve a principal obligation not

17 exceeding—

18 ‘‘(i) 97.75 percent of the appraised

19 value of the property as of the date the

20 loan is accepted for guarantee (or 98.75

21 percent if the value of the property is

22 $50,000 or less); or

23 ‘‘(ii) the amount approved by the Sec24 retary under this section; and
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1 ‘‘(D) involve a payment on account of the

2 property—

3 ‘‘(i) in cash or its equivalent; or

4 ‘‘(ii) through the value of any im5 provements to the property made through

6 the skilled or unskilled labor of the bor7 rower, as the Secretary shall provide.

8 ‘‘(d) CERTIFICATE OF GUARANTEE.—

9 ‘‘(1) APPROVAL PROCESS.—

10 ‘‘(A) IN GENERAL.—Before the Secretary

11 approves any loan for guarantee under this sec12 tion, the lender shall submit the application for

13 the loan to the Secretary for examination.

14 ‘‘(B) APPROVAL.—If the Secretary ap15 proves the application submitted under sub16 paragraph (A), the Secretary shall issue a cer17 tificate under this subsection as evidence of the

18 loan guarantee approved.

19 ‘‘(2) STANDARD FOR APPROVAL.—The Sec20 retary may approve a loan for guarantee under this

21 section and issue a certificate under this subsection

22 only if the Secretary determines that there is a rea23 sonable prospect of repayment of the loan.

24 ‘‘(3) EFFECT.—
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1 ‘‘(A) IN GENERAL.—A certificate of guar2 antee issued under this subsection by the Sec3 retary shall be conclusive evidence of the eligi4 bility of the loan for guarantee under this sec5 tion and the amount of that guarantee.

6 ‘‘(B) EVIDENCE.—The evidence referred to

7 in subparagraph (A) shall be incontestable in

8 the hands of the bearer.

9 ‘‘(C) FULL FAITH AND CREDIT.—The full

10 faith and credit of the United States is pledged

11 to the payment of all amounts agreed to be paid

12 by the Secretary as security for the obligations

13 made by the Secretary under this section.

14 ‘‘(4) FRAUD AND MISREPRESENTATION.—This

15 subsection may not be construed—

16 ‘‘(A) to preclude the Secretary from estab17 lishing defenses against the original lender

18 based on fraud or material misrepresentation;

19 or

20 ‘‘(B) to bar the Secretary from estab21 lishing by regulations that are on the date of

22 issuance or disbursement, whichever is earlier,

23 partial defenses to the amount payable on the

24 guarantee.

25 ‘‘(e) GUARANTEE FEE.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall fix and

2 collect a guarantee fee for the guarantee of a loan

3 under this section, which may not exceed the amount

4 equal to 1 percent of the principal obligation of the

5 loan.

6 ‘‘(2) PAYMENT.—The fee under this subsection

7 shall—

8 ‘‘(A) be paid by the lender at time of

9 issuance of the guarantee; and

10 ‘‘(B) be adequate, in the determination of

11 the Secretary, to cover expenses and probable

12 losses.

13 ‘‘(3) DEPOSIT.—The Secretary shall deposit

14 any fees collected under this subsection in the Na15 tive Hawaiian Housing Loan Guarantee Fund estab16 lished under subsection (j).

17 ‘‘(f) LIABILITY UNDER GUARANTEE.—The liability

18 under a guarantee provided under this section shall de19 crease or increase on a pro rata basis according to any

20 decrease or increase in the amount of the unpaid obliga21 tion under the provisions of the loan agreement involved.

22 ‘‘(g) TRANSFER AND ASSUMPTION.—Notwith23 standing any other provision of law, any loan guaranteed

24 under this section, including the security given for the

25 loan, may be sold or assigned by the lender to any finan-
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1 cial institution subject to examination and supervision by

2 an agency of the Federal Government or of any State or

3 the District of Columbia.

4 ‘‘(h) DISQUALIFICATION OF LENDERS AND CIVIL

5 MONEY PENALTIES.—

6 ‘‘(1) IN GENERAL.—

7 ‘‘(A) GROUNDS FOR ACTION.—The Sec8 retary may take action under subparagraph (B)

9 if the Secretary determines that any lender or

10 holder of a guarantee certificate under sub11 section (d)—

12 ‘‘(i) has failed—

13 ‘‘(I) to maintain adequate ac14 counting records;

15 ‘‘(II) to service adequately loans

16 guaranteed under this section; or

17 ‘‘(III) to exercise proper credit or

18 underwriting judgment; or

19 ‘‘(ii) has engaged in practices other20 wise detrimental to the interest of a bor21 rower or the United States.

22 ‘‘(B) ACTIONS.—Upon a determination by

23 the Secretary that a holder of a guarantee cer24 tificate under subsection (d) has failed to carry

25 out an activity described in subparagraph (A)(i)
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1 or has engaged in practices described in sub2 paragraph (A)(ii), the Secretary may—

3 ‘‘(i) refuse, either temporarily or per4 manently, to guarantee any further loans

5 made by such lender or holder;

6 ‘‘(ii) bar such lender or holder from

7 acquiring additional loans guaranteed

8 under this section; and

9 ‘‘(iii) require that such lender or hold10 er assume not less than 10 percent of any

11 loss on further loans made or held by the

12 lender or holder that are guaranteed under

13 this section.

14 ‘‘(2) CIVIL MONEY PENALTIES FOR INTEN15 TIONAL VIOLATIONS.—

16 ‘‘(A) IN GENERAL.—The Secretary may

17 impose a civil monetary penalty on a lender or

18 holder of a guarantee certificate under sub19 section (d) if the Secretary determines that the

20 holder or lender has intentionally failed—

21 ‘‘(i) to maintain adequate accounting

22 records;

23 ‘‘(ii) to adequately service loans guar24 anteed under this section; or
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1 ‘‘(iii) to exercise proper credit or un2 derwriting judgment.

3 ‘‘(B) PENALTIES.—A civil monetary pen4 alty imposed under this paragraph shall be im5 posed in the manner and be in an amount pro6 vided under section 536 of the National Hous7 ing Act (12 U.S.C.A. 1735f–1) with respect to

8 mortgagees and lenders under that Act.

9 ‘‘(3) PAYMENT ON LOANS MADE IN GOOD

10 FAITH.—Notwithstanding paragraphs (1) and (2), if

11 a loan was made in good faith, the Secretary may

12 not refuse to pay a lender or holder of a valid guar13 antee on that loan, without regard to whether the

14 lender or holder is barred under this subsection.

15 ‘‘(i) PAYMENT UNDER GUARANTEE.—

16 ‘‘(1) LENDER OPTIONS.—

17 ‘‘(A) IN GENERAL.—

18 ‘‘(i) NOTIFICATION.—If a borrower on

19 a loan guaranteed under this section de20 faults on the loan, the holder of the guar21 antee certificate shall provide written no22 tice of the default to the Secretary.

23 ‘‘(ii) PAYMENT.—Upon providing the

24 notice required under clause (i), the holder

25 of the guarantee certificate shall be enti-
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1 tled to payment under the guarantee (sub2 ject to the provisions of this section) and

3 may proceed to obtain payment in 1 of the

4 following manners:

5 ‘‘(I) FORECLOSURE.—

6 ‘‘(aa) IN GENERAL.—The

7 holder of the certificate may ini8 tiate foreclosure proceedings

9 (after providing written notice of

10 that action to the Secretary).

11 ‘‘(bb) PAYMENT.—Upon a

12 final order by the court author13 izing foreclosure and submission

14 to the Secretary of a claim for

15 payment under the guarantee,

16 the Secretary shall pay to the

17 holder of the certificate the pro

18 rata portion of the amount guar19 anteed (as determined pursuant

20 to subsection (f)) plus reasonable

21 fees and expenses as approved by

22 the Secretary.

23 ‘‘(cc) SUBROGATION.—The

24 rights of the Secretary shall be

25 subrogated to the rights of the
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1 holder of the guarantee. The

2 holder shall assign the obligation

3 and security to the Secretary.

4 ‘‘(II) NO FORECLOSURE.—

5 ‘‘(aa) IN GENERAL.—With6 out seeking foreclosure (or in any

7 case in which a foreclosure pro8 ceeding initiated under clause (i)

9 continues for a period in excess

10 of 1 year), the holder of the

11 guarantee may submit to the

12 Secretary a request to assign the

13 obligation and security interest to

14 the Secretary in return for pay15 ment of the claim under the

16 guarantee. The Secretary may

17 accept assignment of the loan if

18 the Secretary determines that the

19 assignment is in the best interest

20 of the United States.

21 ‘‘(bb) PAYMENT.—Upon as22 signment, the Secretary shall pay

23 to the holder of the guarantee

24 the pro rata portion of the
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1 amount guaranteed (as deter2 mined under subsection (f)).

3 ‘‘(cc) SUBROGATION.—The

4 rights of the Secretary shall be

5 subrogated to the rights of the

6 holder of the guarantee. The

7 holder shall assign the obligation

8 and security to the Secretary.

9 ‘‘(B) REQUIREMENTS.—Before any pay10 ment under a guarantee is made under sub11 paragraph (A), the holder of the guarantee

12 shall exhaust all reasonable possibilities of col13 lection. Upon payment, in whole or in part, to

14 the holder, the note or judgment evidencing the

15 debt shall be assigned to the United States and

16 the holder shall have no further claim against

17 the borrower or the United States. The Sec18 retary shall then take such action to collect as

19 the Secretary determines to be appropriate.

20 ‘‘(2) LIMITATIONS ON LIQUIDATION.—

21 ‘‘(A) IN GENERAL.—If a borrower defaults

22 on a loan guaranteed under this section that in23 volves a security interest in restricted Hawaiian

24 Home Land property, the mortgagee or the

25 Secretary shall only pursue liquidation after of-
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1 fering to transfer the account to another eligi2 ble Hawaiian family or the Department of Ha3 waiian Home Lands.

4 ‘‘(B) LIMITATION.—If, after action is

5 taken under subparagraph (A), the mortgagee

6 or the Secretary subsequently proceeds to liq7 uidate the account, the mortgagee or the Sec8 retary shall not sell, transfer, or otherwise dis9 pose of or alienate the property described in

10 subparagraph (A) except to another eligible Ha11 waiian family or to the Department of Hawai12 ian Home Lands.

13 ‘‘(j) NATIVE HAWAIIAN HOUSING LOAN GUARANTEE

14 FUND.—

15 ‘‘(1) ESTABLISHMENT.—There is established in

16 the Treasury of the United States the Native Ha17 waiian Housing Loan Guarantee Fund for the pur18 pose of providing loan guarantees under this section.

19 ‘‘(2) CREDITS.—The Guarantee Fund shall be

20 credited with—

21 ‘‘(A) any amount, claims, notes, mort22 gages, contracts, and property acquired by the

23 Secretary under this section, and any collections

24 and proceeds therefrom;
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1 ‘‘(B) any amounts appropriated pursuant

2 to paragraph (7);

3 ‘‘(C) any guarantee fees collected under

4 subsection (d); and

5 ‘‘(D) any interest or earnings on amounts

6 invested under paragraph (4).

7 ‘‘(3) USE.—Amounts in the Guarantee Fund

8 shall be available, to the extent provided in appro9 priations Acts, for—

10 ‘‘(A) fulfilling any obligations of the Sec11 retary with respect to loans guaranteed under

12 this section, including the costs (as that term is

13 defined in section 502 of the Federal Credit Re14 form Act of 1990 (2 U.S.C. 661a)) of such

15 loans;

16 ‘‘(B) paying taxes, insurance, prior liens,

17 expenses necessary to make fiscal adjustment in

18 connection with the application and transmittal

19 of collections, and other expenses and advances

20 to protect the Secretary for loans which are

21 guaranteed under this section or held by the

22 Secretary;

23 ‘‘(C) acquiring such security property at

24 foreclosure sales or otherwise;
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1 ‘‘(D) paying administrative expenses in

2 connection with this section; and

3 ‘‘(E) reasonable and necessary costs of re4 habilitation and repair to properties that the

5 Secretary holds or owns pursuant to this sec6 tion.

7 ‘‘(4) INVESTMENT.—Any amounts in the Guar8 antee Fund determined by the Secretary to be in ex9 cess of amounts currently required at the time of the

10 determination to carry out this section may be in11 vested in obligations of the United States.

12 ‘‘(5) LIMITATION ON COMMITMENTS TO GUAR13 ANTEE LOANS AND MORTGAGES.—

14 ‘‘(A) REQUIREMENT OF APPROPRIA15 TIONS.—The authority of the Secretary to enter

16 into commitments to guarantee loans under this

17 section shall be effective for any fiscal year to

18 the extent, or in such amounts as are, or have

19 been, provided in appropriations Acts, without

20 regard to the fiscal year for which such

21 amounts were appropriated.

22 ‘‘(B) LIMITATIONS ON COSTS OF GUARAN23 TEES.—The authority of the Secretary to enter

24 into commitments to guarantee loans under this

25 section shall be effective for any fiscal year only
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1 to the extent that amounts in the Guarantee

2 Fund are or have been made available in appro3 priations Acts to cover the costs (as that term

4 is defined in section 502 of the Federal Credit

5 Reform Act of 1990 (2 U.S.C. 661a)) of such

6 loan guarantees for such fiscal year. Any

7 amounts appropriated pursuant to this subpara8 graph shall remain available until expended.

9 ‘‘(C) LIMITATION ON OUTSTANDING AG10 GREGATE PRINCIPAL AMOUNT.—Subject to the

11 limitations in subparagraphs (A) and (B), the

12 Secretary may enter into commitments to guar13 antee loans under this section for each of fiscal

14 years 2000, 2001, 2002, 2003, and 2004 with

15 an aggregate outstanding principal amount not

16 exceeding $100,000,000 for each such fiscal

17 year.

18 ‘‘(6) LIABILITIES.—All liabilities and obliga19 tions of the assets credited to the Guarantee Fund

20 under paragraph (2)(A) shall be liabilities and obli21 gations of the Guarantee Fund.

22 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—

23 There are authorized to be appropriated to the

24 Guarantee Fund to carry out this section such sums
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1 as may be necessary for each of fiscal years 2000,

2 2001, 2002, 2003, and 2004.

3 ‘‘(k) REQUIREMENTS FOR STANDARD HOUSING.—

4 ‘‘(1) IN GENERAL.—The Secretary shall, by

5 regulation, establish housing safety and quality

6 standards to be applied for use under this section.

7 ‘‘(2) STANDARDS.—The standards referred to

8 in paragraph (1) shall—

9 ‘‘(A) provide sufficient flexibility to permit

10 the use of various designs and materials in

11 housing acquired with loans guaranteed under

12 this section; and

13 ‘‘(B) require each dwelling unit in any

14 housing acquired in the manner described in

15 subparagraph (A) to—

16 ‘‘(i) be decent, safe, sanitary, and

17 modest in size and design;

18 ‘‘(ii) conform with applicable general

19 construction standards for the region in

20 which the housing is located;

21 ‘‘(iii) contain a plumbing system

22 that—

23 ‘‘(I) uses a properly installed sys24 tem of piping;
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1 ‘‘(II) includes a kitchen sink and

2 a partitional bathroom with lavatory,

3 toilet, and bath or shower; and

4 ‘‘(III) uses water supply, plumb5 ing, and sewage disposal systems that

6 conform to any minimum standards

7 established by the applicable county or

8 State;

9 ‘‘(iv) contain an electrical system

10 using wiring and equipment properly in11 stalled to safely supply electrical energy for

12 adequate lighting and for operation of ap13 pliances that conforms to any appropriate

14 county, State, or national code;

15 ‘‘(v) be not less than the size provided

16 under the applicable locally adopted stand17 ards for size of dwelling units, except that

18 the Secretary, upon request of the Depart19 ment of Hawaiian Home Lands may waive

20 the size requirements under this para21 graph; and

22 ‘‘(vi) conform with the energy per23 formance requirements for new construc24 tion established by the Secretary under

25 section 526(a) of the National Housing
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1 Act (12 U.S.C.A. 1735f–4), unless the Sec2 retary determines that the requirements

3 are not applicable.

4 ‘‘(l) APPLICABILITY OF CIVIL RIGHTS STATUTES.—

5 To the extent that the requirements of title VI of the Civil

6 Rights Act of 1964 (42 U.S.C. 2000d et seq.) or of title

7 VIII of the Act popularly known as the ‘Civil Rights Act

8 of 1968’ (42 U.S.C.A. 3601 et seq.) apply to a guarantee

9 provided under this subsection, nothing in the require10 ments concerning discrimination on the basis of race shall

11 be construed to prevent the provision of the guarantee to

12 an eligible entity on the basis that the entity serves Native

13 Hawaiian families or is a Native Hawaiian family.’’.

14 TITLE III—COUSHATTA TRIBE

15 OF LOUISIANA LAND TRANS16 ACTIONS

17 SEC. 301. APPROVAL NOT REQUIRED TO VALIDATE LAND

18 TRANSACTIONS.

19 (a) IN GENERAL.—Notwithstanding any other provi20 sion of law, without further approval, ratification, or au21 thorization by the United States, the Coushatta Tribe of

22 Louisiana, may lease, sell, convey, warrant, or otherwise

23 transfer all or any part of the Tribe’s interest in any real

24 property that is not held in trust by the United States

25 for the benefit of the Tribe.
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1 (b) TRUST LAND NOT AFFECTED.—Nothing in this

2 section is intended or shall be construed to—

3 (1) authorize the Coushatta Tribe of Louisiana

4 to lease, sell, convey, warrant, or otherwise transfer

5 all or any part of an interest in any real property

6 that is held in trust by the United States for the

7 benefit of the Tribe; or

8 (2) affect the operation of any law governing

9 leasing, selling, conveying, warranting, or otherwise

10 transferring any interest in such trust land.

11 TITLE IV—WAKPA SICA

12 RECONCILIATION PLACE

13 SEC. 401. FINDINGS.

14 Congress finds that—

15 (1) there is a continuing need for reconciliation

16 between Indians and non-Indians;

17 (2) the need may be met partially through the

18 promotion of the understanding of the history and

19 culture of Sioux Indian tribes;

20 (3) the establishment of a Sioux Nation Tribal

21 Supreme Court will promote economic development

22 on reservations of the Sioux Nation and provide in23 vestors that contribute to that development a greater

24 degree of certainty and confidence by—

25 (A) reconciling conflicting tribal laws; and
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1 (B) strengthening tribal court systems;

2 (4) the reservations of the Sioux Nation—

3 (A) contain the poorest counties in the

4 United States; and

5 (B) lack adequate tools to promote eco6 nomic development and the creation of jobs;

7 (5) there is a need to enhance and strengthen

8 the capacity of Indian tribal governments and tribal

9 justice systems to address conflicts which impair re10 lationships in Indian communities and between In11 dian and non-Indian communities and individuals;

12 and

13 (6) the establishment of the National Native

14 American Mediation Training Center, with the tech15 nical assistance of tribal and Federal agencies, in16 cluding the Community Relations Service of the De17 partment of Justice, would enhance and strengthen

18 the mediation skills that are useful in reducing ten19 sions and resolving conflicts in Indian communities

20 and between Indian and non-Indian communities

21 and individuals.

22 SEC. 402. DEFINITIONS.

23 In this title:

24 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’

25 has the meaning given that term in section 4(e) of
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1 the Indian Self-Determination and Education Assist2 ance Act (25 U.S.C. 450b(e)).

3 (2) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of the Interior.

5 (3) SIOUX NATION.—The term ‘‘Sioux Nation’’

6 means the Cheyenne River Sioux Tribe, the Crow

7 Creek Sioux Tribe, the Flandreau Santee Sioux

8 Tribe, the Lower Brule Sioux Tribe, the Oglala

9 Sioux Tribe, the Rosebud Sioux Tribe, the Santee

10 Sioux Tribe, the Sisseton-Wahpeton Sioux Tribe, the

11 Spirit Lake Sioux Tribe, the Standing Rock Sioux

12 Tribe, and the Yankton Sioux Tribe.

13 Subtitle A—Reconciliation Center

14 SEC. 411. RECONCILIATION CENTER.

15 (a) ESTABLISHMENT.—The Secretary of Housing

16 and Urban Development, in cooperation with the Sec17 retary, shall establish, in accordance with this section, a

18 reconciliation center, to be known as ‘‘Wakpa Sica Rec19 onciliation Place’’.

20 (b) LOCATION.—Notwithstanding any other provision

21 of law, the Secretary shall take into trust for the benefit

22 of the Sioux Nation the parcel of land in Stanley County,

23 South Dakota, that is described as the ‘‘Reconciliation

24 Place Addition’’ that is owned on the date of enactment

25 of this Act by the Wakpa Sica Historical Society, Inc.,
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1 for the sole purpose of establishing and operating Wakpa

2 Sica Reconciliation Place as described in subsection (c).

3 (c) PURPOSES.—The purposes of Wakpa Sica Rec4 onciliation Place shall be as follows:

5 (1) To enhance the knowledge and under6 standing of the history of Native Americans by—

7 (A) displaying and interpreting the history,

8 art, and culture of Indian tribes for Indians

9 and non-Indians; and

10 (B) providing an accessible repository

11 for—

12 (i) the history of Indian tribes; and

13 (ii) the family history of members of

14 Indian tribes.

15 (2) To provide for the interpretation of the en16 counters between Lewis and Clark and the Sioux

17 Nation.

18 (3) To house the Sioux Nation Tribal Supreme

19 Court.

20 (4) To house a Native American economic de21 velopment center.

22 (5) To house a facility to train tribal personnel

23 in conflict resolution and alternative dispute resolu24 tion.

25 (d) GRANT.—
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1 (1) IN GENERAL.—The Secretary of Housing

2 and Urban Development shall offer to award a grant

3 to the Wakpa Sica Historical Society of Fort Pierre,

4 South Dakota, for the construction of Wakpa Sica

5 Reconciliation Place.

6 (2) GRANT AGREEMENT.—

7 (A) IN GENERAL.—As a condition to re8 ceiving the grant under this subsection, the ap9 propriate official of the Wakpa Sica Historical

10 Society shall enter into a grant agreement with

11 the Secretary of Housing and Urban Develop12 ment.

13 (B) CONSULTATION.—Before entering into

14 a grant agreement under this paragraph, the

15 Secretary of Housing and Urban Development

16 shall consult with the Secretary concerning the

17 contents of the agreement.

18 (C) DUTIES OF THE WAKPA SICA HISTOR19 ICAL SOCIETY.—The grant agreement under

20 this paragraph shall specify the duties of the

21 Wakpa Sica Historical Society under this sec22 tion and arrangements for the maintenance of

23 Wakpa Sica Reconciliation Place.

24 (3) AUTHORIZATION OF APPROPRIATIONS.—

25 There are authorized to be appropriated to the De-
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1 partment of Housing and Urban Development

2 $18,258,441, to be used for the grant under this

3 section.

4 SEC. 412. SIOUX NATION TRIBAL SUPREME COURT.

5 (a) IN GENERAL.—To ensure the development and

6 operation of the Sioux Nation Tribal Supreme Court and

7 for mediation training, the Attorney General of the United

8 States shall use available funds to provide technical and

9 financial assistance to the Sioux Nation.

10 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry

11 out this section, there are authorized to be appropriated

12 to the Department of Justice such sums as are necessary.

13 SEC. 413. LEGAL JURISDICTION NOT AFFECTED.

14 Nothing in this title shall be construed to expand, di15 minish, or otherwise amend the civil or criminal legal ju16 risdiction of the Federal Government or any tribal or

17 State government.

18 Subtitle B—GAO Study

19 SEC. 421. GAO STUDY.

20 (a) IN GENERAL.—The Comptroller General shall

21 conduct a study and make findings and recommendations

22 with respect to—

23 (1) Federal programs designed to assist Indian

24 tribes and tribal members with economic develop-
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1 ment, job creation, entrepreneurship, and business

2 development;

3 (2) the extent of use of the programs;

4 (3) how effectively such programs accomplish

5 their mission; and

6 (4) ways in which the Federal Government

7 could best provide economic development, job cre8 ation, entrepreneurship, and business development

9 for Indian tribes and tribal members.

10 (b) REPORT.—The Comptroller General shall submit

11 a report to Congress on the study, findings, and rec12 ommendations required by subsection (a) not later than

13 1 year after the date of enactment of this Act.

14 TITLE V—EXPENDITURE OF

15 FUNDS BY ZUNI INDIAN TRIBE

16 SEC. 501. EXPENDITURE OF FUNDS BY TRIBE AUTHORIZED.

17 Section 3 of the Zuni Land Conservation Act of 1990

18 (Public Law 101–486) is amended—

19 (1) in subsection (b)(1), by striking ‘‘The Sec20 retary of the Interior’’ and inserting ‘‘The Zuni In21 dian Tribe’’; and

22 (2) in subsection (c)—

23 (A) in paragraph (1), by striking ‘‘, subject

24 to paragraph (2),’’;

25 (B) by striking paragraph (2);
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1 (C) in paragraph (3), by striking ‘‘Sec2 retary of the Interior’’ and inserting ‘‘Zuni In3 dian Tribe’’; and

4 (D) by redesignating paragraphs (3), (4),

5 (5), and (6) as paragraphs (2), (3), (4), and

6 (5), respectively.

7 TITLE VI—TORRES-MARTINEZ

8 DESERT CAHUILLA INDIANS

9 CLAIMS SETTLEMENT

10 SEC. 601. SHORT TITLE.

11 This title may be cited as the ‘‘Torres-Martinez

12 Desert Cahuilla Indians Claims Settlement Act’’.

13 SEC. 602. CONGRESSIONAL FINDINGS AND PURPOSE.

14 (a) FINDINGS.—The Congress finds the following:

15 (1) In 1876, the Torres-Martinez Indian Res16 ervation was created, reserving a single, 640-acre

17 section of land in the Coachella Valley, California,

18 north of the Salton Sink. The Reservation was ex19 panded in 1891 by Executive order, pursuant to the

20 Mission Indian Relief Act of 1891, adding about

21 12,000 acres to the original 640-acre reservation.

22 (2) Between 1905 and 1907, flood waters of the

23 Colorado River filled the Salton Sink, creating the

24 Salton Sea, inundating approximately 2,000 acres of

25 the 1891 reservation lands.
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1 (3) In 1909, an additional 12,000 acres of land,

2 9,000 of which were then submerged under the

3 Salton Sea, were added to the reservation under a

4 Secretarial Order issued pursuant to a 1907 amend5 ment of the Mission Indian Relief Act. Due to reced6 ing water levels in the Salton Sea through the proc7 ess of evaporation, at the time of the 1909 enlarge8 ment of the reservation, there were some expecta9 tions that the Salton Sea would recede within a pe10 riod of 25 years.

11 (4) Through the present day, the majority of

12 the lands added to the reservation in 1909 remain

13 inundated due in part to the flowage of natural run14 off and drainage water from the irrigation systems

15 of the Imperial, Coachella, and Mexicali Valleys into

16 the Salton Sea.

17 (5) In addition to those lands that are inun18 dated, there are also tribal and individual Indian

19 lands located on the perimeter of the Salton Sea

20 that are not currently irrigable due to lack of proper

21 drainage.

22 (6) In 1982, the United States brought an ac23 tion in trespass entitled ‘‘United States of America,

24 in its own right and on behalf of Torres-Martinez

25 Band of Mission Indians and the Allottees therein v.
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1 the Imperial Irrigation District and Coachella Valley

2 Water District’’, Case No. 82–1790 K (M) (here3 after in this section referred to as the ‘‘U.S. Suit’’)

4 on behalf of the Torres-Martinez Indian Tribe and

5 affected Indian allottees against the two water dis6 tricts seeking damages related to the inundation of

7 tribal- and allottee-owned lands and injunctive relief

8 to prevent future discharge of water on such lands.

9 (7) On August 20, 1992, the Federal District

10 Court for the Southern District of California entered

11 a judgment in the U.S. Suit requiring the Coachella

12 Valley Water District to pay $212,908.41 in past

13 and future damages and the Imperial Irrigation Dis14 trict to pay $2,795,694.33 in past and future dam15 ages in lieu of the United States request for a per16 manent injunction against continued flooding of the

17 submerged lands.

18 (8) The United States, the Coachella Valley

19 Water District, and the Imperial Irrigation District

20 have filed notices of appeal with the United States

21 Court of Appeals for the Ninth Circuit from the dis22 trict court’s judgment in the U.S. Suit (Nos. 93–

23 55389, 93–55398, and 93–55402), and the Tribe

24 has filed a notice of appeal from the district court’s
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1 denial of its motion to intervene as a matter of right

2 (No. 92–55129).

3 (9) The Court of Appeals for the Ninth Circuit

4 has stayed further action on the appeals pending the

5 outcome of settlement negotiations.

6 (10) In 1991, the Tribe brought its own law7 suit, Torres-Martinez Desert Cahuilla Indians, et al.,

8 v. Imperial Irrigation District, et al., Case No. 91–

9 1670 J (LSP) (hereafter in this section referred to

10 as the ‘‘Indian Suit’’) in the United States District

11 Court, Southern District of California, against the

12 two water districts, and amended the complaint to

13 include as a plaintiff, Mary Resvaloso, in her own

14 right, and as class representative of all other af15 fected Indian allotment owners.

16 (11) The Indian Suit has been stayed by the

17 district court to facilitate settlement negotiations.

18 (b) PURPOSE.—The purpose of this title is to facili19 tate and implement the settlement agreement negotiated

20 and executed by the parties to the U.S. Suit and Indian

21 Suit for the purpose of resolving their conflicting claims

22 to their mutual satisfaction and in the public interest.

23 SEC. 603. DEFINITIONS.

24 For the purposes of this title:
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1 (1) TRIBE.—The term ‘‘Tribe’’ means the

2 Torres-Martinez Desert Cahuilla Indians, a federally

3 recognized Indian tribe with a reservation located in

4 Riverside and Imperial Counties, California.

5 (2) ALLOTTEES.—The term ‘‘allottees’’ means

6 those individual Tribe members, their successors,

7 heirs, and assigns, who have individual ownership of

8 allotted Indian trust lands within the Torres-Mar9 tinez Indian Reservation.

10 (3) SALTON SEA.—The term ‘‘Salton Sea’’

11 means the inland body of water located in Riverside

12 and Imperial Counties which serves as a drainage

13 reservoir for water from precipitation, natural run14 off, irrigation return flows, wastewater, floods, and

15 other inflow from within its watershed area.

16 (4) SETTLEMENT AGREEMENT.—The term

17 ‘‘Settlement Agreement’’ means the Agreement of

18 Compromise and Settlement Concerning Claims to

19 the Lands of the United States Within and on the

20 Perimeter of the Salton Sea Drainage Reservoir

21 Held in Trust for the Torres-Martinez Indians exe22 cuted on June 18, 1996, as modified by the first,

23 second, third, and fourth modifications thereto.

24 (5) SECRETARY.—The term ‘‘Secretary’’ means

25 the Secretary of the Interior.
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1 (6) PERMANENT FLOWAGE EASEMENT.—The

2 term ‘‘permanent flowage easement’’ means the per3 petual right by the water districts to use the de4 scribed lands in the Salton Sink within and below

5 the minus 220-foot contour as a drainage reservoir

6 to receive and store water from their respective

7 water and drainage systems, including flood water,

8 return flows from irrigation, tail water, leach water,

9 operational spills, and any other water which over10 flows and floods such lands, originating from lands

11 within such water districts.

12 SEC. 604. RATIFICATION OF SETTLEMENT AGREEMENT.

13 The United States hereby approves, ratifies, and con14 firms the Settlement Agreement.

15 SEC. 605. SETTLEMENT FUNDS.

16 (a) ESTABLISHMENT OF TRIBAL AND ALLOTTEES

17 SETTLEMENT TRUST FUNDS ACCOUNTS.—

18 (1) IN GENERAL.—There are established in the

19 Treasury of the United States three settlement trust

20 fund accounts to be known as the ‘‘Torres-Martinez

21 Settlement Trust Funds Account’’, the ‘‘Torres-Mar22 tinez Allottees Settlement Account I’’, and the

23 ‘‘Torres-Martinez Allottees Settlement Account II’’,

24 respectively.
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1 (2) AVAILABILITY.—Amounts held in the

2 Torres-Martinez Settlement Trust Funds Account,

3 the Torres-Martinez Allottees Settlement Account I,

4 and the Torres-Martinez Allottees Settlement Ac5 count II shall be available to the Secretary for dis6 tribution to the Tribe and affected allottees in ac7 cordance with subsection (c).

8 (b) CONTRIBUTIONS TO THE SETTLEMENT TRUST

9 FUNDS.—

10 (1) IN GENERAL.—Amounts paid to the Sec11 retary for deposit into the trust fund accounts estab12 lished by subsection (a) shall be allocated among

13 and deposited in the trust accounts in the amounts

14 determined by the tribal-allottee allocation provisions

15 of the Settlement Agreement.

16 (2) CASH PAYMENTS BY COACHELLA VALLEY

17 WATER DISTRICT.—Within the time, in the manner,

18 and upon the conditions specified in the Settlement

19 Agreement, the Coachella Valley Water District shall

20 pay the sum of $337,908.41 to the United States for

21 the benefit of the Tribe and any affected allottees.

22 (3) CASH PAYMENTS BY IMPERIAL IRRIGATION

23 DISTRICT.—Within the time, in the manner, and

24 upon the conditions specified in the Settlement

25 Agreement, the Imperial Irrigation District shall pay
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1 the sum of $3,670,694.33 to the United States for

2 the benefit of the Tribe and any affected allottees.

3 (4) CASH PAYMENTS BY THE UNITED

4 STATES.—Within the time and upon the conditions

5 specified in the Settlement Agreement, the United

6 States shall pay into the three separate tribal and

7 allottee trust fund accounts the total sum of

8 $10,200,000, of which sum—

9 (A) $4,200,000 shall be provided from

10 moneys appropriated by Congress under section

11 1304 of title 31, United States Code, the condi12 tions of which are deemed to have been met, in13 cluding those of section 2414 of title 28, United

14 States Code; and

15 (B) $6,000,000 shall be provided from

16 moneys appropriated by Congress for this spe17 cific purpose to the Secretary.

18 (5) ADDITIONAL PAYMENTS.—In the event that

19 any of the sums described in paragraph (2) or (3)

20 are not timely paid by the Coachella Valley Water

21 District or the Imperial Irrigation District, as the

22 case may be, the delinquent payor shall pay an addi23 tional sum equal to 10 percent interest annually on

24 the amount outstanding daily, compounded yearly on
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1 December 31 of each respective year, until all out2 standing amounts due have been paid in full.

3 (6) SEVERALLY LIABLE FOR PAYMENTS.—The

4 Coachella Valley Water District, the Imperial Irriga5 tion District, and the United States shall each be

6 severally liable, but not jointly liable, for its respec7 tive obligation to make the payments specified by

8 this subsection.

9 (c) ADMINISTRATION OF SETTLEMENT TRUST

10 FUNDS.—The Secretary shall administer and distribute

11 funds held in the Torres-Martinez Settlement Trust

12 Funds Account, the Torres-Martinez Allottees Settlement

13 Account I, and the Torres-Martinez Allottees Settlement

14 Account II in accordance with the terms and conditions

15 of the Settlement Agreement.

16 SEC. 606. TRUST LAND ACQUISITION AND STATUS.

17 (a) ACQUISITION AND PLACEMENT OF LANDS INTO

18 TRUST.—

19 (1) IN GENERAL.—The Secretary shall convey

20 into trust status lands purchased or otherwise ac21 quired by the Tribe within the areas described in

22 paragraphs (2) and (3) in an amount not to exceed

23 11,800 acres in accordance with the terms, condi24 tions, criteria, and procedures set forth in the Settle25 ment Agreement and this title. Subject to such
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1 terms, conditions, criteria, and procedures, all lands

2 purchased or otherwise acquired by the Tribe and

3 conveyed into trust status for the benefit of the

4 Tribe pursuant to the Settlement Agreement and

5 this title shall be considered as if such lands were

6 so acquired in trust status in 1909 except as (i) to

7 water rights as provided in subsection (c), and (ii)

8 to valid rights existing at the time of acquisition

9 pursuant to this title.

10 (2) PRIMARY ACQUISITION AREA.—

11 (A) IN GENERAL.—The primary area with12 in which lands may be acquired pursuant to

13 paragraph (1) consists of the lands located in

14 the Primary Acquisition Area, as defined in the

15 Settlement Agreement. The amount of acreage

16 that may be acquired from such area is 11,800

17 acres less the number of acres acquired and

18 conveyed into trust under paragraph (3).

19 (B) EFFECT OF OBJECTION.—Lands re20 ferred to in subparagraph (A) may not be ac21 quired pursuant to paragraph (1) if by majority

22 vote the governing body of the city within whose

23 incorporated boundaries (as such boundaries

24 exist on the date of the Settlement Agreement)

25 the subject lands are situated within formally
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1 objects to the Tribe’s request to convey the sub2 ject lands into trust and notifies the Secretary

3 of such objection in writing within 60 days of

4 receiving a copy of the Tribe’s request in ac5 cordance with the Settlement Agreement. Upon

6 receipt of such a notification, the Secretary

7 shall deny the acquisition request.

8 (3) SECONDARY ACQUISITION AREA.—

9 (A) IN GENERAL.—Not more than 640

10 acres of land may be acquired pursuant to

11 paragraph (1) from those certain lands located

12 in the Secondary Acquisition Area, as defined

13 in the Settlement Agreement.

14 (B) EFFECT OF OBJECTION.—Lands re15 ferred to in subparagraph (A) may not be ac16 quired pursuant to paragraph (1) if by majority

17 vote—

18 (i) the governing body of the city

19 within whose incorporated boundaries (as

20 such boundaries exist on the date of the

21 Settlement Agreement) the subject lands

22 are situated within; or

23 (ii) the governing body of Riverside

24 County, California, in the event that such
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1 lands are located within an unincorporated

2 area,

3 formally objects to the Tribe’s request to convey

4 the subject lands into trust and notifies the

5 Secretary of such objection in writing within 60

6 days of receiving a copy of the Tribe’s request

7 in accordance with the Settlement Agreement.

8 Upon receipt of such a notification, the Sec9 retary shall deny the acquisition request.

10 (4) CONTIGUOUS LANDS.—The Secretary shall

11 not take any lands into trust for the Tribe under

12 generally applicable Federal statutes or regulations

13 where such lands are both—

14 (A) contiguous to any lands within the

15 Secondary Acquisition Area that are taken into

16 trust pursuant to the terms of the Settlement

17 Agreement and this title; and

18 (B) situated outside the Secondary Acqui19 sition Area.

20 (b) RESTRICTIONS ON GAMING.—The Tribe may con21 duct gaming on only one site within the lands acquired

22 pursuant to subsection 6(a)(1) as more particularly pro23 vided in the Settlement Agreement.

24 (c) WATER RIGHTS.—All lands acquired by the Tribe

25 under subsection (a) shall—
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1 (1) be subject to all valid water rights existing

2 at the time of tribal acquisition, including (but not

3 limited to) all rights under any permit or license

4 issued under the laws of the State of California to

5 commence an appropriation of water, to appropriate

6 water, or to increase the amount of water appro7 priated;

8 (2) be subject to the paramount rights of any

9 person who at any time recharges or stores water in

10 a ground water basin to recapture or recover the re11 charged or stored water or to authorize others to re12 capture or recover the recharged or stored water;

13 and

14 (3) continue to enjoy all valid water rights ap15 purtenant to the land existing immediately prior to

16 the time of tribal acquisition.

17 SEC. 607. PERMANENT FLOWAGE EASEMENTS.

18 (a) CONVEYANCE OF EASEMENT TO COACHELLA

19 VALLEY WATER DISTRICT.—

20 (1) TRIBAL INTEREST.—The United States, in

21 its capacity as trustee for the Tribe, as well as for

22 any affected Indian allotment owners, and their suc23 cessors and assigns, and the Tribe in its own right

24 and that of its successors and assigns, shall convey

25 to the Coachella Valley Water District a permanent
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1 flowage easement as to all Indian trust lands (ap2 proximately 11,800 acres) located within and below

3 the minus 220-foot contour of the Salton Sink, in

4 accordance with the terms and conditions of the Set5 tlement Agreement.

6 (2) UNITED STATES INTEREST.—The United

7 States, in its own right shall, notwithstanding any

8 prior or present reservation or withdrawal of land of

9 any kind, convey to the Coachella Valley Water Dis10 trict a permanent flowage easement as to all Federal

11 lands (approximately 110,000 acres) located within

12 and below the minus 220-foot contour of the Salton

13 Sink, in accordance with the terms and conditions of

14 the Settlement Agreement.

15 (b) CONVEYANCE OF EASEMENT TO IMPERIAL IRRI16 GATION DISTRICT.—

17 (1) TRIBAL INTEREST.—The United States, in

18 its capacity as trustee for the Tribe, as well as for

19 any affected Indian allotment owners, and their suc20 cessors and assigns, and the Tribe in its own right

21 and that of its successors and assigns, shall grant

22 and convey to the Imperial Irrigation District a per23 manent flowage easement as to all Indian trust

24 lands (approximately 11,800 acres) located within

25 and below the minus 220-foot contour of the Salton
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1 Sink, in accordance with the terms and conditions of

2 the Settlement Agreement.

3 (2) UNITED STATES.—The United States, in its

4 own right shall, notwithstanding any prior or

5 present reservation or withdrawal of land of any

6 kind, grant and convey to the Imperial Irrigation

7 District a permanent flowage easement as to all

8 Federal lands (approximately 110,000 acres) located

9 within and below the minus 220-foot contour of the

10 Salton Sink, in accordance with the terms and con11 ditions of the Settlement Agreement.

12 SEC. 608. SATISFACTION OF CLAIMS, WAIVERS, AND RE13 LEASES.

14 (a) SATISFACTION OF CLAIMS.—The benefits avail15 able to the Tribe and the allottees under the terms and

16 conditions of the Settlement Agreement and the provisions

17 of this title shall constitute full and complete satisfaction

18 of the claims by the Tribe and the allottees arising from

19 or related to the inundation and lack of drainage of tribal

20 and allottee lands described in section 602 of this title and

21 further defined in the Settlement Agreement.

22 (b) APPROVAL OF WAIVERS AND RELEASES.—The

23 United States hereby approves and confirms the releases

24 and waivers required by the Settlement Agreement and

25 this title.
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1 SEC. 609. MISCELLANEOUS PROVISIONS.

2 (a) ELIGIBILITY FOR BENEFITS.—Nothing in this

3 title or the Settlement Agreement shall affect the eligi4 bility of the Tribe or its members for any Federal program

5 or diminish the trust responsibility of the United States

6 to the Tribe and its members.

7 (b) ELIGIBILITY FOR OTHER SERVICES NOT AF8 FECTED.—No payment pursuant to this title shall result

9 in the reduction or denial of any Federal services or pro10 grams to the Tribe or to members of the Tribe, to which

11 they are entitled or eligible because of their status as a

12 federally recognized Indian tribe or member of the Tribe.

13 (c) PRESERVATION OF EXISTING RIGHTS.—Except

14 as provided in this title or the Settlement Agreement, any

15 right to which the Tribe is entitled under existing law shall

16 not be affected or diminished.

17 (d) AMENDMENT OF SETTLEMENT AGREEMENT.—

18 The Settlement Agreement may be amended from time to

19 time in accordance with its terms and conditions to the

20 extent that such amendments are not inconsistent with the

21 trust land acquisition provisions of the Settlement Agree22 ment, as such provisions existed on—

23 (1) the date of the enactment of this Act, in the

24 case of Modifications One and Three; and

25 (2) September 14, 2000, in the case of Modi26 fication Four.
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1 SEC. 610. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated such sums

3 as are necessary to carry out this title.

4 SEC. 611. EFFECTIVE DATE.

5 (a) IN GENERAL.—Except as provided by subsection

6 (b), this title shall take effect on the date of the enactment

7 of this Act.

8 (b) EXCEPTION.—Sections 4, 5, 6, 7, and 8 shall take

9 effect on the date on which the Secretary determines the

10 following conditions have been met:

11 (1) The Tribe agrees to the Settlement Agree12 ment and the provisions of this title and executes

13 the releases and waivers required by the Settlement

14 Agreement and this title.

15 (2) The Coachella Valley Water District agrees

16 to the Settlement Agreement and to the provisions

17 of this title.

18 (3) The Imperial Irrigation District agrees to

19 the Settlement Agreement and to the provisions of

20 this title.

21 TITLE VII—SHAWNEE TRIBE

22 STATUS

23 SEC. 701. SHORT TITLE.

24 This title may be cited as the ‘‘Shawnee Tribe Status

25 Act of 2000’’.
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1 SEC. 702. FINDINGS.

2 Congress finds the following:

3 (1) The Cherokee Shawnees, also known as the

4 Loyal Shawnees, are recognized as the descendants

5 of the Shawnee Tribe which was incorporated into

6 the Cherokee Nation of Indians of Oklahoma pursu7 ant to an agreement entered into by and between the

8 Shawnee Tribe and the Cherokee Nation on June 7,

9 1869, and approved by the President on June 9,

10 1869, in accordance with Article XV of the July 19,

11 1866, Treaty between the United States and the

12 Cherokee Nation (14 Stat. 799).

13 (2) The Shawnee Tribe from and after its in14 corporation and its merger with the Cherokee Na15 tion has continued to maintain the Shawnee Tribe’s

16 separate culture, language, religion, and organiza17 tion, and a separate membership roll.

18 (3) The Shawnee Tribe and the Cherokee Na19 tion have concluded that it is in the best interests

20 of the Shawnee Tribe and the Cherokee Nation that

21 the Shawnee Tribe be restored to its position as a

22 separate federally recognized Indian tribe and all

23 current and historical responsibilities, jurisdiction,

24 and sovereignty as it relates to the Shawnee Tribe,

25 the Cherokee-Shawnee people, and their properties

26 everywhere, provided that civil and criminal jurisdic-
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1 tion over Shawnee individually owned restricted and

2 trust lands, Shawnee tribal trust lands, dependent

3 Indian communities, and all other forms of Indian

4 country within the jurisdictional territory of the

5 Cherokee Nation and located within the State of

6 Oklahoma shall remain with the Cherokee Nation,

7 unless consent is obtained by the Shawnee Tribe

8 from the Cherokee Nation to assume all or any por9 tion of such jurisdiction.

10 (4) On August 12, 1996, the Tribal Council of

11 the Cherokee Nation unanimously adopted Resolu12 tion 96–09 supporting the termination by the Sec13 retary of the Interior of the 1869 Agreement.

14 (5) On July 23, 1996, the Shawnee Tribal

15 Business Committee concurred in such resolution.

16 (6) On March 13, 2000, a second resolution

17 was adopted by the Tribal Council of the Cherokee

18 Nation (Resolution 15–00) supporting the submis19 sion of this legislation to Congress for enactment.

20 SEC. 703. DEFINITIONS.

21 In this title:

22 (1) CHEROKEE NATION.—The term ‘‘Cherokee

23 Nation’’ means the Cherokee Nation, with its head24 quarters located in Tahlequah, Oklahoma.
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1 (2) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

3 (3) TRIBE.—The term ‘‘Tribe’’ means the

4 Shawnee Tribe, known also as the ‘‘Loyal Shawnee’’

5 or ‘‘Cherokee Shawnee’’, which was a party to the

6 1869 Agreement between the Cherokee Nation and

7 the Shawnee Tribe of Indians.

8 (4) TRUST LAND.—The term ‘‘trust land’’

9 means land, the title to which is held by the United

10 States in trust for the benefit of an Indian tribe or

11 individual.

12 (5) RESTRICTED LAND.—The term ‘‘restricted

13 land’’ means any land, the title to which is held in

14 the name of an Indian or Indian tribe subject to re15 strictions by the United States against alienation.

16 SEC. 704. FEDERAL RECOGNITION, TRUST RELATIONSHIP,

17 AND PROGRAM ELIGIBILITY.

18 (a) FEDERAL RECOGNITION.—The Federal recogni19 tion of the Tribe and the trust relationship between the

20 United States and the Tribe are hereby reaffirmed. Except

21 as otherwise provided in this title, the Act of June 26,

22 1936 (49 Stat. 1967; 25 U.S.C. 501 et seq.) (commonly

23 known as the ‘‘Oklahoma Indian Welfare Act’’), and all

24 laws and rules of law of the United States of general appli25 cation to Indians, Indian tribes, or Indian reservations
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1 which are not inconsistent with this title shall apply to

2 the Tribe, and to its members and lands. The Tribe is

3 hereby recognized as an independent tribal entity, sepa4 rate from the Cherokee Nation or any other Indian tribe.

5 (b) PROGRAM ELIGIBILITY.—

6 (1) IN GENERAL.—Subject to the provisions of

7 this subsection, the Tribe and its members are eligi8 ble for all special programs and services provided by

9 the United States to Indians because of their status

10 as Indians.

11 (2) CONTINUATION OF BENEFITS.—Except as

12 provided in paragraph (3), the members of the Tribe

13 who are residing on land recognized by the Secretary

14 to be within the Cherokee Nation and eligible for

15 Federal program services or benefits through the

16 Cherokee Nation shall receive such services or bene17 fits through the Cherokee Nation.

18 (3) ADMINISTRATION BY TRIBE.—The Tribe

19 shall be eligible to apply for and administer the spe20 cial programs and services provided by the United

21 States to Indians because of their status as Indians,

22 including such programs and services within land

23 recognized by the Secretary to be within the Cher24 okee Nation, in accordance with applicable laws and

25 regulations to the same extent that the Cherokee
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1 Nation is eligible to apply for and administer pro2 grams and services, but only—

3 (A) if the Cherokee Nation consents to the

4 operation by the Tribe of federally funded pro5 grams and services;

6 (B) if the benefits of such programs or

7 services are to be provided to members of the

8 Tribe in areas recognized by the Secretary to be

9 under the jurisdiction of the Tribe and outside

10 of land recognized by the Secretary to be within

11 the Cherokee Nation, so long as those members

12 are not receiving such programs or services

13 from another Indian tribe; or

14 (C) if under applicable provisions of Fed15 eral law, the Cherokee Nation is not eligible to

16 apply for and administer such programs or

17 services.

18 (4) DUPLICATION OF SERVICES NOT AL19 LOWED.—The Tribe shall not be eligible to apply for

20 or administer any Federal programs or services on

21 behalf of Indians recipients if such recipients are re22 ceiving or are eligible to receive the same federally

23 funded programs or services from the Cherokee Na24 tion.
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1 (5) COOPERATIVE AGREEMENTS.—Nothing in

2 this section shall restrict the Tribe and the Cherokee

3 Nation from entering into cooperative agreements to

4 provide such programs or services and such funding

5 agreements shall be honored by Federal agencies,

6 unless otherwise prohibited by law.

7 SEC. 705. ESTABLISHMENT OF A TRIBAL ROLL.

8 (a) APPROVAL OF BASE ROLL.—Not later than 180

9 days after the date of enactment of this Act, the Tribe

10 shall submit to the Secretary for approval its base mem11 bership roll, which shall include only individuals who are

12 not members of any other federally recognized Indian tribe

13 or who have relinquished membership in such tribe and

14 are eligible for membership under subsection (b).

15 (b) BASE ROLL ELIGIBILITY.—An individual is eligi16 ble for enrollment on the base membership roll of the

17 Tribe if that individual—

18 (1) is on, or eligible to be on, the membership

19 roll of Cherokee Shawnees maintained by the Tribe

20 prior to the date of enactment of this Act which is

21 separate from the membership roll of the Cherokee

22 Nation; or

23 (2) is a lineal descendant of any person—

24 (A) who was issued a restricted fee patent

25 to land pursuant to Article 2 of the Treaty of
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1 May 10, 1854, between the United States and

2 the Tribe (10 Stat. 1053); or

3 (B) whose name was included on the 1871

4 Register of names of those members of the

5 Tribe who moved to, and located in, the Cher6 okee Nation in Indian Territory pursuant to the

7 Agreement entered into by and between the

8 Tribe and the Cherokee Nation on June 7,

9 1869.

10 (c) FUTURE MEMBERSHIP.—Future membership in

11 the Tribe shall be as determined under the eligibility re12 quirements set out in subsection (b)(2) or under such fu13 ture membership ordinance as the Tribe may adopt.

14 SEC. 706. ORGANIZATION OF THE TRIBE; TRIBAL CON15 STITUTION.

16 (a) EXISTING CONSTITUTION AND GOVERNING

17 BODY.—The existing constitution and bylaws of the Cher18 okee Shawnee and the officers and members of the Shaw19 nee Tribal Business Committee, as constituted on the date

20 of enactment of this Act, are hereby recognized respec21 tively as the governing documents and governing body of

22 the Tribe.

23 (b) CONSTITUTION.—Notwithstanding subsection

24 (a), the Tribe shall have a right to reorganize its tribal
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1 government pursuant to section 3 of the Act of June 26,

2 1936 (49 Stat. 1967; 25 U.S.C. 503).

3 SEC. 707. TRIBAL LAND.

4 (a) LAND ACQUISITION.—

5 (1) IN GENERAL.—The Tribe shall be eligible to

6 have land acquired in trust for its benefit pursuant

7 to section 5 of the Act of June 18, 1934 (48 Stat.

8 985; 25 U.S.C. 465) and section 1 of the Act of

9 June 26, 1936 (49 Stat. 1967; 25 U.S.C. 501).

10 (2) CERTAIN LAND IN OKLAHOMA.—Notwith11 standing any other provision of law but subject to

12 subsection (b), if the Tribe transfers any land within

13 the boundaries of the State of Oklahoma to the Sec14 retary, the Secretary shall take such land into trust

15 for the benefit of the Tribe.

16 (b) RESTRICTION.—No land recognized by the Sec17 retary to be within the Cherokee Nation or any other In18 dian tribe may be taken into trust for the benefit of the

19 Tribe under this section without the consent of the Cher20 okee Nation or such other tribe, respectively.

21 SEC. 708. JURISDICTION.

22 (a) IN GENERAL.—The Tribe shall have jurisdiction

23 over trust land and restricted land of the Tribe and its

24 members to the same extent that the Cherokee Nation has

25 jurisdiction over land recognized by the Secretary to be
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1 within the Cherokee Nation and its members, but only if

2 such land—

3 (1) is not recognized by the Secretary to be

4 within the jurisdiction of another federally recog5 nized tribe; or

6 (2) has been placed in trust or restricted status

7 with the consent of the federally recognized tribe

8 within whose jurisdiction the Secretary recognizes

9 the land to be, and only to the extent that the

10 Tribe’s jurisdiction has been agreed to by that host

11 tribe.

12 (b) RULE OF CONSTRUCTION.—Nothing in this title

13 shall be construed to diminish or otherwise limit the juris14 diction of any Indian tribe that is federally recognized on

15 the day before the date of enactment of this Act over trust

16 land, restricted land, or other forms of Indian country of

17 that Indian tribe on such date.

18 SEC. 709. INDIVIDUAL INDIAN LAND.

19 Nothing in this title shall be construed to affect the

20 restrictions against alienation of any individual Indian’s

21 land and those restrictions shall continue in force and ef22 fect.

23 SEC. 710. TREATIES NOT AFFECTED.

24 No provision of this title shall be construed to con25 stitute an amendment, modification, or interpretation of
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1 any treaty to which a tribe referred to in this title is a

2 party nor to any right secured to such a tribe or to any

3 other tribe by any treaty.

4 TITLE VIII—TECHNICAL

5 CORRECTIONS

6 SEC. 801. SHORT TITLE.

7 This title may be cited as the ‘‘Native American Laws

8 Technical Corrections Act of 2000’’.

9 Subtitle A—Miscellaneous

10 Technical Provisions

11 SEC. 811. TECHNICAL CORRECTION TO AN ACT AFFECTING

12 THE STATUS OF MISSISSIPPI CHOCTAW

13 LANDS AND ADDING SUCH LANDS TO THE

14 CHOCTAW RESERVATION.

15 Section 1(a)(2) of Public Law 106–228 (an Act to

16 make technical corrections to the status of certain land

17 held in trust for the Mississippi Band of Choctaw Indians,

18 to take certain land into trust for that Band, and for other

19 purposes) is amended by striking ‘‘September 28, 1999’’

20 and inserting ‘‘February 7, 2000’’.

21 SEC. 812. TECHNICAL CORRECTIONS CONCERNING THE

22 FIVE CIVILIZED TRIBES OF OKLAHOMA.

23 (a) INDIAN SELF-DETERMINATION ACT.—Section

24 1(b)(15)(A) of the model agreement set forth in section
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1 108(c) of the Indian Self-Determination Act (25 U.S.C.

2 450l(c)) is amended—

3 (1) by striking ‘‘and section 16’’ and inserting

4 ‘‘, section 16’’; and

5 (2) by striking ‘‘shall not’’ and inserting ‘‘and

6 the Act of July 3, 1952 (25 U.S.C. 82a), shall not’’.

7 (b) INDIAN SELF-DETERMINATION AND EDUCATION

8 ASSISTANCE ACT.—Section 403(h)(2) of the Indian Self9 Determination and Education Assistance Act (25 U.S.C.

10 458cc(h)(2)) is amended—

11 (1) by striking ‘‘and section’’ and inserting

12 ‘‘section’’; and

13 (2) by striking ‘‘shall not’’ and inserting ‘‘and

14 the Act of July 3, 1952 (25 U.S.C. 82a), shall not’’.

15 (c) REPEALS.—The following provisions of law are

16 repealed:

17 (1) Section 2106 of the Revised Statutes (25

18 U.S.C. 84).

19 (2) Sections 438 and 439 of title 18, United

20 States Code.
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1 SEC. 813. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE

2 LOANS TO THE RED LAKE BAND OF CHIP3 PEWA INDIANS AND THE MINNESOTA CHIP4 PEWA TRIBES.

5 (a) RED LAKE BAND OF CHIPPEWA INDIANS.—Not6 withstanding any other provision of law, the balances of

7 all expert assistance loans made to the Red Lake Band

8 of Chippewa Indians under the authority of Public Law

9 88–168 (77 Stat. 301), and relating to Red Lake Band

10 v. United States (United States Court of Federal Claims

11 Docket Nos. 189 A, B, C), are canceled and the Secretary

12 of the Interior shall take such action as may be necessary

13 to document such cancellation and to release the Red Lake

14 Band of Chippewa Indians from any liability associated

15 with such loans.

16 (b) MINNESOTA CHIPPEWA TRIBE.—Notwith17 standing any other provision of law, the balances of all

18 expert assistance loans made to the Minnesota Chippewa

19 Tribe under the authority of Public Law 88–168 (77 Stat.

20 301), and relating to Minnesota Chippewa Tribe v. United

21 States (United States Court of Federal Claims Docket

22 Nos. 19 and 188), are canceled and the Secretary of the

23 Interior shall take such action as may be necessary to doc24 ument such cancellation and to release the Minnesota

25 Chippewa Tribe from any liability associated with such

26 loans.
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1 SEC. 814. TECHNICAL AMENDMENT TO THE INDIAN CHILD

2 PROTECTION AND FAMILY VIOLENCE PRO3 TECTION ACT.

4 Section 408(b) of the Indian Child Protection and

5 Family Violence Prevention Act (25 U.S.C. 3207(b)) is

6 amended—

7 (1) by striking ‘‘any offense’’ and inserting

8 ‘‘any felonious offense, or any of 2 of more mis9 demeanor offenses,’’; and

10 (2) by striking ‘‘or crimes against persons’’ and

11 inserting ‘‘crimes against persons; or offenses com12 mitted against children’’.

13 SEC. 815. TECHNICAL AMENDMENT TO EXTEND THE AU14 THORIZATION PERIOD UNDER THE INDIAN

15 HEALTH CARE IMPROVEMENT ACT.

16 The authorization of appropriations for, and the du17 ration of, each program or activity under the Indian

18 Health Care Improvement Act (25 U.S.C. 1601 et seq.)

19 is extended through fiscal year 2001.

20 SEC. 816. TECHNICAL AMENDMENT TO EXTEND THE AU21 THORIZATION PERIOD UNDER THE INDIAN

22 ALCOHOL AND SUBSTANCE ABUSE PREVEN23 TION AND TREATMENT ACT OF 1986.

24 The authorization of appropriations for, and the du25 ration of, each program or activity under the Indian Alco26 hol and Substance Abuse Prevention and Treatment Act
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1 of 1986 (25 U.S.C. 2401 et seq.) is extended through fis2 cal year 2001.

3 SEC. 817. MORRIS K. UDALL SCHOLARSHIP AND EXCEL4 LENCE IN NATIONAL ENVIRONMENTAL POL5 ICY FOUNDATION.

6 (a) AUTHORITY.—Section 6(7) of the Morris K.

7 Udall Scholarship and Excellence in National Environ8 mental and Native American Public Policy Act of 1992

9 (20 U.S.C. 5604(7)) is amended by inserting before the

10 semicolon at the end the following: ‘‘, by conducting man11 agement and leadership training of Native Americans,

12 Alaska Natives, and others involved in tribal leadership,

13 providing assistance and resources for policy analysis, and

14 carrying out other appropriate activities.’’.

15 (b) ADMINISTRATIVE PROVISIONS.—Section 12(b) of

16 the Morris K. Udall Scholarship and Excellence in Na17 tional Environmental and Native American Public Policy

18 Act of 1992 (20 U.S.C. 5608(b)) is amended by inserting

19 before the period at the end the following: ‘‘and to the

20 activities of the Foundation under section 6(7)’’.

21 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

22 13 of the Morris K. Udall Scholarship and Excellence in

23 National Environmental and Native American Public Pol24 icy Act of 1992 (20 U.S.C. 5609) is amended by adding

25 at the end the following:
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1 ‘‘(c) TRAINING OF PROFESSIONALS IN HEALTH CARE

2 AND PUBLIC POLICY.—There is authorized to be appro3 priated to carry out section 6(7) $12,300,000 for the 5-

4 fiscal year period beginning with the fiscal year in which

5 this subsection is enacted.’’.

6 SEC. 818. TECHNICAL AMENDMENT REGARDING THE

7 TREATMENT OF CERTAIN INCOME FOR PUR8 POSES OF FEDERAL ASSISTANCE.

9 Section 7 of the Act of October 19, 1973 (25 U.S.C.

10 1407) is amended—

11 (1) in paragraph (2), by striking ‘‘or’’ at the

12 end;

13 (2) in paragraph (3), by adding ‘‘or’’ at the

14 end; and

15 (3) by inserting after paragraph (3), the fol16 lowing:

17 ‘‘(4) are paid by the State of Minnesota to the

18 Bois Forte Band of Chippewa Indians pursuant to

19 the agreements of such Band to voluntarily restrict

20 tribal rights to hunt and fish in territory cede under

21 the Treaty of September 30, 1854 (10 Stat. 1109),

22 including all interest accrued on such funds during

23 any period in which such funds are held in a minor’s

24 trust,’’.
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1 SEC. 819. LAND TO BE TAKEN INTO TRUST.

2 Notwithstanding any other provision of law, the Sec3 retary of the Interior shall accept for the benefit of the

4 Lytton Rancheria of California the land described in that

5 certain grant deed dated and recorded on October 16,

6 2000, in the official records of the County of Contra

7 Costa, California, Deed Instrument Number 2000–

8 229754. The Secretary shall declare that such land is held

9 in trust by the United States for the benefit of the

10 Rancheria and that such land is part of the reservation

11 of such Rancheria under sections 5 and 7 of the Act of

12 June 18, 1934 (48 Stat. 985; 25 U.S.C. 467). Such land

13 shall be deemed to have been held in trust and part of

14 the reservation of the Rancheria prior to October 17,

15 1988.

16 Subtitle B—Santa Fe Indian School

17 SEC. 821. SHORT TITLE.

18 This subtitle may be cited as the ‘‘Santa Fe Indian

19 School Act’’.

20 SEC. 822. DEFINITIONS.

21 In this subtitle:

22 (1) 19 PUEBLOS.—The term ‘‘19 Pueblos’’

23 means the Indian pueblos of Acoma, Cochiti Isleta,

24 Jemen, Laguna, Nambe, Picuris, Pojoaque, San

25 Felipe, San Ildefonso, San Juan, Sandia, Santa
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1 Ana, Santa Clara, Santo Domingo, Taos, Tesuque,

2 Zia, and Zuni.

3 (2) SANTA FE INDIAN SCHOOL, INC..—The

4 term ‘‘Santa Fe Indian School, Inc.’’ means a cor5 poration chartered under laws of the State of New

6 Mexico.

7 (3) SECRETARY.—The term ‘‘Secretary’’ means

8 the Secretary of the Interior.

9 SEC. 823. TRANSFER OF CERTAIN LANDS FOR USE AS THE

10 SANTA FE INDIAN SCHOOL.

11 (a) IN GENERAL.—All right, title, and interest of the

12 United States in and to the land, including improvements

13 and appurtenances thereto, described in subsection (b) are

14 declared to be held in trust for the benefit of the 19 Pueb15 los of New Mexico.

16 (b) LAND.—

17 (1) IN GENERAL.—The land described in this

18 subsection is the tract of land, located in the city

19 and county of Santa Fe, New Mexico, upon which

20 the Santa Fe Indian School is located and more par21 ticularly described as all that certain real property,

22 excluding the tracts described in paragraph (2), as

23 shown in the United Sates General Land Office Plat

24 of the United States Indian School Tract dated

25 March 19, 1937, and recorded at Book 363, Page
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1 024, Office of the Clerk, Santa Fe County, New

2 Mexico, containing a total acreage of 131.43 acres,

3 more or less.

4 (2) EXCLUSIONS.—The excluded tracts de5 scribed in this paragraph are all portions of any

6 tracts heretofore conveyed by the deeds recorded in

7 the Office of the Clerk, Santa Fe County, New Mex8 ico, at—

9 (A) Book 114, Page 106, containing 0.518

10 acres, more or less;

11 (B) Book 122, Page 45, containing 0.238

12 acres, more or less;

13 (C) Book 123, Page 228, containing 14.95,

14 more or less; and

15 (D) Book 130, Page 84, containing 0.227

16 acres, more or less;

17 leaving, as the net acreage to be included in the land

18 described in paragraph (1) and taken into trust pur19 suant to subsection (a), a tract containing 115.5

20 acres, more or less.

21 (c) LIMITATIONS AND CONDITIONS.—The land taken

22 into trust pursuant to subsection (a) shall remain subject

23 to—

24 (1) any existing encumbrances, rights of way,

25 restrictions, or easements of record;
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1 (2) the right of the Indian Health Service to

2 continue use and occupancy of 10.23 acres of such

3 land which are currently occupied by the Santa Fe

4 Indian Hospital and its parking facilities as more

5 fully described as Parcel ‘‘A’’ in legal description

6 No. Pd–K–51–06–01 and recorded as Document No.

7 059–3–778, Bureau of Indian Affairs Land Title &

8 Records Office, Albuquerque, New Mexico; and

9 (3) the right of the United States to use, with10 out cost, additional portions of land transferred pur11 suant to this section, which are contiguous to the

12 land described in paragraph (2), for purposes of the

13 Indian Health Service.

14 SEC. 824. LAND USE.

15 (a) LIMITATION FOR EDUCATIONAL AND CULTURAL

16 PURPOSES.—The land taken into trust under section

17 823(a) shall be used solely for the educational, health, or

18 cultural purposes of the Santa Fe Indian School, including

19 use for related non-profit or technical programs, as oper20 ated by Santa Fe Indian School, Inc. on the date of enact21 ment of this Act.

22 (b) REVERSION.—

23 (1) IN GENERAL.—If the Secretary determines

24 that the land taken into trust under section 823(a)

25 is not being used as required under subsection (a),
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1 the Secretary shall provide appropriate notice to the

2 19 Pueblos of such noncompliance and require the

3 19 Pueblos to comply with the requirements of this

4 subtitle.

5 (2) CONTINUED FAILURE TO COMPLY.—If the

6 Secretary, after providing notice under paragraph

7 (1) and after the expiration of a reasonable period

8 of time, determines that the noncompliance that was

9 the subject of the notice has not been corrected, the

10 land shall revert to the United States.

11 (c) APPLICABILITY OF LAWS.—Except as otherwise

12 provided in this subtitle, the land taken into trust under

13 section 823(a) shall be subject to the laws of the United

14 States relating to Indian lands.

15 (d) GAMING.—Gaming, as defined and regulated by

16 the Indian Gaming Regulatory Act (25 U.S.C. 2701 et

17 seq.), shall be prohibited on the land taken into trust

18 under subsection (a).

19 TITLE IX—CALIFORNIA INDIAN

20 LAND TRANSFER

21 SEC. 901. SHORT TITLE.

22 This title may be cited as the ‘‘California Indian

23 Land Transfer Act’’.
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1 SEC. 902. LANDS HELD IN TRUST FOR VARIOUS TRIBES OF

2 CALIFORNIA INDIANS.

3 (a) IN GENERAL.—Subject to valid existing rights,

4 all right, title, and interest of the United States in and

5 to the lands, including improvements and appurtenances,

6 described in a paragraph of subsection (b) in connection

7 with the respective tribe, band, or group of Indians named

8 in such paragraph are hereby declared to be held in trust

9 by the United States for the benefit of such tribe, band,

10 or group. Real property taken into trust pursuant to this

11 subsection shall not be considered to have been taken into

12 trust for gaming (as that term is used in the Indian Gam13 ing Regulatory Act (25 U.S.C. 2701 et seq.)).

14 (b) LANDS DESCRIBED.—The lands described in this

15 subsection, comprising approximately 3,525.8 acres, and

16 the respective tribe, band, or group, are as follows:

17 (1) PIT RIVER TRIBE.—Lands to be held in

18 trust for the Pit River Tribe are comprised of ap19 proximately 561.69 acres described as follows:

20 Mount Diablo Base and Meridian

21 Township 42 North, Range 13 East

22 Section 3:

S1⁄2 NW1⁄4, NW1⁄4 NW1 23 ⁄4, 120 acres.

24 Township 43 North, Range 13 East

25 Section 1:

N1⁄2 NE1 26 ⁄4, 80 acres,
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1 Section 22:

SE1⁄4 SE1 2 ⁄4, 40 acres,

3 Section 25:

SE1⁄4 NW1 4 ⁄4, 40 acres,

5 Section 26:

SW1⁄4 SE1 6 ⁄4, 40 acres,

7 Section 27:

SE1⁄4 NW1 8 ⁄4, 40 acres,

9 Section 28:

NE1⁄4 SW1 10 ⁄4, 40 acres,

11 Section 32:

SE1⁄4 SE1 12 ⁄4, 40 acres,

13 Section 34:

SE1⁄4 NW1 14 ⁄4, 40 acres,

15 Township 44 North, Range 14 East,

16 Section 31:

S1⁄2 SW1 17 ⁄4, 80 acres.

18 (2) FORT INDEPENDENCE COMMUNITY OF PAI19 UTE INDIANS.—Lands to be held in trust for the

20 Fort Independence Community of Paiute Indians are

21 comprised of approximately 200.06 acres described

22 as follows:

23 Mount Diablo Base and Meridian

24 Township 13 South, Range 34 East

25 Section 1:
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W1⁄2 of Lot 5 in the NE±1⁄4, Lot 3, E1 1 ⁄2 of Lot

4, and E1⁄2 of Lot 5 in the NW1 2 ⁄4.

3 (3) BARONA GROUP OF CAPITAN GRANDE BAND

4 OF MISSION INDIANS.—Lands to be held in trust for

5 the Barona Group of Capitan Grande Band of Mis6 sion Indians are comprised of approximately 5.03

7 acres described as follows:

8 San Bernardino Base and Meridian

9 Township 14 South, Range 2 East

10 Section 7, Lot 15.

11 (4) CUYAPAIPE BAND OF MISSION INDIANS.—

12 Lands to be held in trust for the Cuyapaipe Band

13 of Mission Indians are comprised of approximately

14 1,360 acres described as follows:

15 San Bernardino Base and Meridian

16 Township 15 South, Range 6 East

17 Section 21:

18 All of this section.

19 Section 31:

NE1⁄4, N1⁄2SE1⁄4, SE1⁄4SE1 20 ⁄4.

21 Section 32:

W1⁄2SW1⁄4, NE1⁄4SW1⁄4, NW1⁄4SE1 22 ⁄4.

23 Section 33:

SE1⁄4, SW1⁄4SW1⁄4, E1⁄2SW1 24 ⁄4.
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1 (5) MANZANITA BAND OF MISSION INDIANS.—

2 Lands to be held in trust for the Manzanita Band

3 of Mission Indians are comprised of approximately

4 1,000.78 acres described as follows:

5 San Bernardino Base and Meridian

6 Township 16 South, Range 6 East

7 Section 21:

Lots 1, 2, 3, and 4, S1 8 ⁄2.

9 Section 25:

10 Lots 2 and 5.

11 Section 28:

Lots, 1, 2, 3, and 4, N1⁄2SE1 12 ⁄4.

13 (6) MORONGO BAND OF MISSION INDIANS.—

14 Lands to be held in trust for the Morongo Band of

15 Mission Indians are comprised of approximately 40

16 acres described as follows:

17 San Bernardino Base and Meridian

18 Township 3 South, Range 2 East

19 Section 20:

NW1⁄4 of NE1 20 ⁄4.

21 (7) PALA BAND OF MISSION INDIANS.—Lands

22 to be held in trust for the Pala Band of Mission In23 dians are comprised of approximately 59.20 acres

24 described as follows:

25 San Bernardino Base and Meridian
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1 Township 9 South, Range 2 West

2 Section 13, Lot 1, and Section 14, Lots 1, 2, 3.

3 (8) FORT BIDWELL COMMUNITY OF PAIUTE IN4 DIANS.—Lands to be held in trust for the Fort

5 Bidwell Community of Paiute Indians are comprised

6 of approximately 299.04 acres described as follows:

7 Mount Diablo Base and Meridian

8 Township 46 North, Range 16 East

9 Section 8:

SW1⁄4SW1 10 ⁄4.

11 Section 19:

12 Lots 5, 6, 7.

S1⁄2NE1⁄4, SE1⁄4NW1⁄4, NE1⁄4SE1 13 ⁄4.

14 Section 20:

15 Lot 1.

16 SEC. 903. MISCELLANEOUS PROVISIONS.

17 (a) PROCEEDS FROM RENTS AND ROYALTIES

18 TRANSFERRED TO INDIANS.—Amounts which accrue to

19 the United States after the date of the enactment of this

20 Act from sales, bonuses, royalties, and rentals relating to

21 any land described in section 902 shall be available for

22 use or obligation, in such manner and for such purposes

23 as the Secretary may approve, by the tribe, band, or group

24 of Indians for whose benefit such land is taken into trust.
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1 (b) NOTICE OF CANCELLATION OF GRAZING PREF2 ERENCES.—Grazing preferences on lands described in sec3 tion 902 shall terminate 2 years after the date of the en4 actment of this Act.

5 (c) LAWS GOVERNING LANDS TO BE HELD IN

6 TRUST.—

7 (1) IN GENERAL.—Any lands which are to be

8 held in trust for the benefit of any tribe, band, or

9 group of Indians pursuant to this Act shall be added

10 to the existing reservation of the tribe, band, or

11 group, and the official boundaries of the reservation

12 shall be modified accordingly.

13 (2) APPLICABILITY OF LAWS OF THE UNITED

14 STATES.—The lands referred to in paragraph (1)

15 shall be subject to the laws of the United States re16 lating to Indian land in the same manner and to the

17 same extent as other lands held in trust for such

18 tribe, band, or group on the day before the date of

19 enactment of this Act.

20 TITLE X—NATIVE AMERICAN

21 HOMEOWNERSHIP

22 SEC. 1001. LANDS TITLE REPORT COMMISSION.

23 (a) ESTABLISHMENT.—Subject to sums being pro24 vided in advance in appropriations Acts, there is estab25 lished a Commission to be known as the Lands Title Re-
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1 port Commission (hereafter in this section referred to as

2 the ‘‘Commission’’) to facilitate home loan mortgages on

3 Indian trust lands. The Commission will be subject to

4 oversight by the Committee on Banking and Financial

5 Services of the House of Representatives and the Com6 mittee on Banking, Housing, and Urban Affairs of the

7 Senate.

8 (b) MEMBERSHIP.—

9 (1) APPOINTMENT.—The Commission shall be

10 composed of 12 members, appointed not later than

11 90 days after the date of the enactment of this Act

12 as follows:

13 (A) Four members shall be appointed by

14 the President.

15 (B) Four members shall be appointed by

16 the chairperson of the Committee on Banking

17 and Financial Services of the House of Rep18 resentatives.

19 (C) Four members shall be appointed by

20 the chairperson of the Committee on Banking,

21 Housing, and Urban Affairs of the Senate.

22 (2) QUALIFICATIONS.—

23 (A) MEMBERS OF TRIBES.—At all times,

24 not less than 8 of the members of the Commis-
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1 sion shall be members of federally recognized

2 Indian tribes.

3 (B) EXPERIENCE IN LAND TITLE MAT4 TERS.—All members of the Commission shall

5 have experience in and knowledge of land title

6 matters relating to Indian trust lands.

7 (3) CHAIRPERSON.—The Chairperson of the

8 Commission shall be one of the members of the

9 Commission appointed under paragraph (1)(C), as

10 elected by the members of the Commission.

11 (4) VACANCIES.—Any vacancy on the Commis12 sion shall not affect its powers, but shall be filled in

13 the manner in which the original appointment was

14 made.

15 (5) TRAVEL EXPENSES.—Members of the Com16 mission shall serve without pay, but each member

17 shall receive travel expenses, including per diem in

18 lieu of subsistence, in accordance with sections 5702

19 and 5703 of title 5, United States Code.

20 (c) INITIAL MEETING.—The Chairperson of the Com21 mission shall call the initial meeting of the Commission.

22 Such meeting shall be held within 30 days after the Chair23 person of the Commission determines that sums sufficient

24 for the Commission to carry out its duties under this Act

25 have been appropriated for such purpose.
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1 (d) DUTIES.—The Commission shall analyze the sys2 tem of the Bureau of Indian Affairs of the Department

3 of the Interior for maintaining land ownership records and

4 title documents and issuing certified title status reports

5 relating to Indian trust lands and, pursuant to such anal6 ysis, determine how best to improve or replace the

7 system—

8 (1) to ensure prompt and accurate responses to

9 requests for title status reports;

10 (2) to eliminate any backlog of requests for title

11 status reports; and

12 (3) to ensure that the administration of the sys13 tem will not in any way impair or restrict the ability

14 of Native Americans to obtain conventional loans for

15 purchase of residences located on Indian trust lands,

16 including any actions necessary to ensure that the

17 system will promptly be able to meet future demands

18 for certified title status reports, taking into account

19 the anticipated complexity and volume of such re20 quests.

21 (e) REPORT.—Not later than the date of the termi22 nation of the Commission under subsection (h), the Com23 mission shall submit a report to the Committee on Bank24 ing and Financial Services of the House of Representa25 tives and the Committee on Banking, Housing, and Urban
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1 Affairs of the Senate describing the analysis and deter2 minations made pursuant to subsection (d).

3 (f) POWERS.—

4 (1) HEARINGS AND SESSIONS.—The Commis5 sion may, for the purpose of carrying out this sec6 tion, hold hearings, sit and act at times and places,

7 take testimony, and receive evidence as the Commis8 sion considers appropriate.

9 (2) STAFF OF FEDERAL AGENCIES.—Upon re10 quest of the Commission, the head of any Federal

11 department or agency may detail, on a reimbursable

12 basis, any of the personnel of that department or

13 agency to the Commission to assist it in carrying out

14 its duties under this section.

15 (3) OBTAINING OFFICIAL DATA.—The Commis16 sion may secure directly from any department or

17 agency of the United States information necessary

18 to enable it to carry out this section. Upon request

19 of the Chairperson of the Commission, the head of

20 that department or agency shall furnish that infor21 mation to the Commission.

22 (4) MAILS.—The Commission may use the

23 United States mails in the same manner and under

24 the same conditions as other departments and agen25 cies of the United States.
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1 (5) ADMINISTRATIVE SUPPORT SERVICES.—

2 Upon the request of the Commission, the Adminis3 trator of General Services shall provide to the Com4 mission, on a reimbursable basis, the administrative

5 support services necessary for the Commission to

6 carry out its duties under this section.

7 (6) STAFF.—The Commission may appoint per8 sonnel as it considers appropriate, subject to the

9 provisions of title 5, United States Code, governing

10 appointments in the competitive service, and shall

11 pay such personnel in accordance with the provisions

12 of chapter 51 and subchapter III of chapter 53 of

13 that title relating to classification and General

14 Schedule pay rates.

15 (g) AUTHORIZATION OF APPROPRIATIONS.—To carry

16 out this section, there is authorized to be appropriated

17 $500,000. Such sums shall remain available until ex18 pended.

19 (h) TERMINATION.—The Commission shall terminate

20 1 year after the date of the initial meeting of the Commis21 sion.

22 SEC. 1002. LOAN GUARANTEES.

23 Section 184(i) of the Housing and Community Devel24 opment Act of 1992 (12 U.S.C. 1715z–13a(i)) is

25 amended—
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1 (1) in paragraph (5), by striking subparagraph

2 (C) and inserting the following new subparagraph:

3 ‘‘(C) LIMITATION ON OUTSTANDING AG4 GREGATE PRINCIPAL AMOUNT.—Subject to the

5 limitations in subparagraphs (A) and (B), the

6 Secretary may enter into commitments to guar7 antee loans under this section in each fiscal

8 year with an aggregate outstanding principal

9 amount not exceeding such amount as may be

10 provided in appropriation Acts for such fiscal

11 year.’’; and

12 (2) in paragraph (7), by striking ‘‘each of fiscal

13 years 1997, 1998, 1999, 2000, and 2001’’ and in14 serting ‘‘each fiscal year’’.

15 SEC. 1003. NATIVE AMERICAN HOUSING ASSISTANCE.

16 (a) RESTRICTION ON WAIVER AUTHORITY.—

17 (1) IN GENERAL.—Section 101(b)(2) of the Na18 tive American Housing Assistance and Self-Deter19 mination Act of 1996 (25 U.S.C. 4111(b)(2)) is

20 amended by striking ‘‘if the Secretary’’ and all that

21 follows through the period at the end and inserting

22 the following: ‘‘for a period of not more than 90

23 days, if the Secretary determines that an Indian

24 tribe has not complied with, or is unable to comply
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1 with, those requirements due to exigent cir2 cumstances beyond the control of the Indian tribe.’’.

3 (2) LOCAL COOPERATION AGREEMENT.—Sec4 tion 101(c) of the Native American Housing Assist5 ance and Self-Determination Act of 1996 (25 U.S.C.

6 4111(c)) is amended by adding at the end the fol7 lowing: ‘‘The Secretary may waive the requirements

8 of this subsection and subsection (d) if the recipient

9 has made a good faith effort to fulfill the require10 ments of this subsection and subsection (d) and

11 agrees to make payments in lieu of taxes to the ap12 propriate taxing authority in an amount consistent

13 with the requirements of subsection (d)(2) until such

14 time as the matter of making such payments has

15 been resolved in accordance with subsection (d).’’.

16 (b) ASSISTANCE TO FAMILIES THAT ARE NOT LOW17 INCOME.—Section 102(c) of the Native American Housing

18 Assistance and Self-Determination Act of 1996 (25 U.S.C.

19 4112(c)) is amended by adding at the end the following:

20 ‘‘(6) CERTAIN FAMILIES.—With respect to as21 sistance provided under section 201(b)(2) by a re22 cipient to Indian families that are not low-income

23 families, evidence that there is a need for housing

24 for each such family during that period that cannot

25 reasonably be met without such assistance.’’.
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1 (c) ELIMINATION OF WAIVER AUTHORITY FOR

2 SMALL TRIBES.—Section 102 of the Native American

3 Housing Assistance and Self-Determination Act of 1996

4 (25 U.S.C. 4112) is amended—

5 (1) by striking subsection (f); and

6 (2) by redesignating subsection (g) as sub7 section (f).

8 (d) ENVIRONMENTAL COMPLIANCE.—Section 105 of

9 the Native American Housing Assistance and Self-Deter10 mination Act of 1996 (25 U.S.C. 4115) is amended by

11 adding at the end the following:

12 ‘‘(d) ENVIRONMENTAL COMPLIANCE.—The Secretary

13 may waive the requirements under this section if the Sec14 retary determines that a failure on the part of a recipient

15 to comply with provisions of this section—

16 ‘‘(1) will not frustrate the goals of the National

17 Environmental Policy Act of 1969 (42 U.S.C. 4331

18 et seq.) or any other provision of law that furthers

19 the goals of that Act;

20 ‘‘(2) does not threaten the health or safety of

21 the community involved by posing an immediate or

22 long-term hazard to residents of that community;

23 ‘‘(3) is a result of inadvertent error, including

24 an incorrect or incomplete certification provided

25 under subsection (c)(1); and
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1 ‘‘(4) may be corrected through the sole action

2 of the recipient.’’.

3 (e) ELIGIBILITY OF LAW ENFORCEMENT OFFICERS

4 FOR HOUSING ASSISTANCE.—Section 201(b) of the Na5 tive American Housing Assistance and Self-Determination

6 Act of 1996 (25 U.S.C. 4131(b)) is amended—

7 (1) in paragraph (1), by striking ‘‘paragraph

8 (2)’’ and inserting ‘‘paragraphs (2) and (4)’’;

9 (2) by redesignating paragraphs (4) and (5) as

10 paragraphs (5) and (6), respectively; and

11 (3) by inserting after paragraph (3) the fol12 lowing new paragraph:

13 ‘‘(4) LAW ENFORCEMENT OFFICERS.—A recipi14 ent may provide housing or housing assistance pro15 vided through affordable housing activities assisted

16 with grant amounts under this Act for a law en17 forcement officer on an Indian reservation or other

18 Indian area, if—

19 ‘‘(A) the officer—

20 ‘‘(i) is employed on a full-time basis

21 by the Federal Government or a State,

22 county, or lawfully recognized tribal gov23 ernment; and

24 ‘‘(ii) in implementing such full-time

25 employment, is sworn to uphold, and make
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1 arrests for, violations of Federal, State,

2 county, or tribal law; and

3 ‘‘(B) the recipient determines that the

4 presence of the law enforcement officer on the

5 Indian reservation or other Indian area may

6 deter crime.’’.

7 (f) OVERSIGHT.—

8 (1) REPAYMENT.—Section 209 of the Native

9 American Housing Assistance and Self-Determina10 tion Act of 1996 (25 U.S.C. 4139) is amended to

11 read as follows:

12 ‘‘SEC. 209. NONCOMPLIANCE WITH AFFORDABLE HOUSING

13 REQUIREMENT.

14 ‘‘If a recipient uses grant amounts to provide afford15 able housing under this title, and at any time during the

16 useful life of the housing the recipient does not comply

17 with the requirement under section 205(a)(2), the Sec18 retary shall take appropriate action under section

19 401(a).’’.

20 (2) AUDITS AND REVIEWS.—Section 405 of the

21 Native American Housing Assistance and Self-De22 termination Act of 1996 (25 U.S.C. 4165) is amend23 ed to read as follows:
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1 ‘‘SEC. 405. REVIEW AND AUDIT BY SECRETARY.

2 ‘‘(a) REQUIREMENTS UNDER CHAPTER 75 OF TITLE

3 31, UNITED STATES CODE.—An entity designated by an

4 Indian tribe as a housing entity shall be treated, for pur5 poses of chapter 75 of title 31, United States Code, as

6 a non-Federal entity that is subject to the audit require7 ments that apply to non-Federal entities under that chap8 ter.

9 ‘‘(b) ADDITIONAL REVIEWS AND AUDITS.—

10 ‘‘(1) IN GENERAL.—In addition to any audit or

11 review under subsection (a), to the extent the Sec12 retary determines such action to be appropriate, the

13 Secretary may conduct an audit or review of a re14 cipient in order to—

15 ‘‘(A) determine whether the recipient—

16 ‘‘(i) has carried out—

17 ‘‘(I) eligible activities in a timely

18 manner; and

19 ‘‘(II) eligible activities and cer20 tification in accordance with this Act

21 and other applicable law;

22 ‘‘(ii) has a continuing capacity to

23 carry out eligible activities in a timely

24 manner; and

25 ‘‘(iii) is in compliance with the Indian

26 housing plan of the recipient; and
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1 ‘‘(B) verify the accuracy of information

2 contained in any performance report submitted

3 by the recipient under section 404.

4 ‘‘(2) ON-SITE VISITS.—To the extent prac5 ticable, the reviews and audits conducted under this

6 subsection shall include on-site visits by the appro7 priate official of the Department of Housing and

8 Urban Development.

9 ‘‘(c) REVIEW OF REPORTS.—

10 ‘‘(1) IN GENERAL.—The Secretary shall provide

11 each recipient that is the subject of a report made

12 by the Secretary under this section notice that the

13 recipient may review and comment on the report

14 during a period of not less than 30 days after the

15 date on which notice is issued under this paragraph.

16 ‘‘(2) PUBLIC AVAILABILITY.—After taking into

17 consideration any comments of the recipient under

18 paragraph (1), the Secretary—

19 ‘‘(A) may revise the report; and

20 ‘‘(B) not later than 30 days after the date

21 on which those comments are received, shall

22 make the comments and the report (with any

23 revisions made under subparagraph (A)) readily

24 available to the public.
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1 ‘‘(d) EFFECT OF REVIEWS.—Subject to section

2 401(a), after reviewing the reports and audits relating to

3 a recipient that are submitted to the Secretary under this

4 section, the Secretary may adjust the amount of a grant

5 made to a recipient under this Act in accordance with the

6 findings of the Secretary with respect to those reports and

7 audits.’’.

8 (g) ALLOCATION FORMULA.—Section 302(d)(1) of

9 the Native American Housing Assistance and Self-Deter10 mination Act of 1996 (25 U.S.C. 4152(d)(1)) is

11 amended—

12 (1) by striking ‘‘The formula,’’ and inserting

13 the following:

14 ‘‘(A) IN GENERAL.—Except with respect to

15 an Indian tribe described in subparagraph (B),

16 the formula’’; and

17 (2) by adding at the end the following:

18 ‘‘(B) CERTAIN INDIAN TRIBES.—With re19 spect to fiscal year 2001 and each fiscal year

20 thereafter, for any Indian tribe with an Indian

21 housing authority that owns or operates fewer

22 than 250 public housing units, the formula

23 shall provide that if the amount provided for a

24 fiscal year in which the total amount made

25 available for assistance under this Act is equal
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1 to or greater than the amount made available

2 for fiscal year 1996 for assistance for the oper3 ation and modernization of the public housing

4 referred to in subparagraph (A), then the

5 amount provided to that Indian tribe as mod6 ernization assistance shall be equal to the aver7 age annual amount of funds provided to the In8 dian tribe (other than funds provided as emer9 gency assistance) under the assistance program

10 under section 14 of the United States Housing

11 Act of 1937 (42 U.S.C. 1437l) for the period

12 beginning with fiscal year 1992 and ending

13 with fiscal year 1997.’’.

14 (h) HEARING REQUIREMENT.—Section 401(a) of the

15 Native American Housing Assistance and Self-Determina16 tion Act of 1996 (25 U.S.C. 4161(a)) is amended—

17 (1) by redesignating paragraphs (1) through

18 (4) as subparagraphs (A) through (D), respectively,

19 and realigning such subparagraphs (as so redesig20 nated) so as to be indented 4 ems from the left mar21 gin;

22 (2) by striking ‘‘Except as provided’’ and in23 serting the following:

24 ‘‘(1) IN GENERAL.—Except as provided’’;
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1 (3) by striking ‘‘If the Secretary takes an ac2 tion under paragraph (1), (2), or (3)’’ and inserting

3 the following:

4 ‘‘(2) CONTINUANCE OF ACTIONS.—If the Sec5 retary takes an action under subparagraph (A), (B),

6 or (C) of paragraph (1)’’; and

7 (4) by adding at the end the following:

8 ‘‘(3) EXCEPTION FOR CERTAIN ACTIONS.—

9 ‘‘(A) IN GENERAL.—Notwithstanding any

10 other provision of this subsection, if the Sec11 retary makes a determination that the failure of

12 a recipient of assistance under this Act to com13 ply substantially with any material provision (as

14 that term is defined by the Secretary) of this

15 Act is resulting, and would continue to result,

16 in a continuing expenditure of Federal funds in

17 a manner that is not authorized by law, the

18 Secretary may take an action described in para19 graph (1)(C) before conducting a hearing.

20 ‘‘(B) PROCEDURAL REQUIREMENT.—If the

21 Secretary takes an action described in subpara22 graph (A), the Secretary shall—

23 ‘‘(i) provide notice to the recipient at

24 the time that the Secretary takes that ac25 tion; and
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1 ‘‘(ii) conduct a hearing not later than

2 60 days after the date on which the Sec3 retary provides notice under clause (i).

4 ‘‘(C) DETERMINATION.—Upon completion

5 of a hearing under this paragraph, the Sec6 retary shall make a determination regarding

7 whether to continue taking the action that is

8 the subject of the hearing, or take another ac9 tion under this subsection.’’.

10 (i) PERFORMANCE AGREEMENT TIME LIMIT.—Sec11 tion 401(b) of the Native American Housing Assistance

12 and Self-Determination Act of 1996 (25 U.S.C. 4161(b))

13 is amended—

14 (1) by striking ‘‘If the Secretary’’ and inserting

15 the following:

16 ‘‘(1) IN GENERAL.—If the Secretary’’;

17 (2) by striking ‘‘(1) is not’’ and inserting the

18 following:

19 ‘‘(A) is not’’;

20 (3) by striking ‘‘(2) is a result’’ and inserting

21 the following:

22 ‘‘(B) is a result’’;

23 (4) in the flush material following paragraph

24 (1)(B), as redesignated by paragraph (3) of this

25 subsection—
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1 (A) by realigning such material so as to be

2 indented 2 ems from the left margin; and

3 (B) by inserting before the period at the

4 end the following: ‘‘, if the recipient enters into

5 a performance agreement with the Secretary

6 that specifies the compliance objectives that the

7 recipient will be required to achieve by the ter8 mination date of the performance agreement’’;

9 and

10 (5) by adding at the end the following:

11 ‘‘(2) PERFORMANCE AGREEMENT.—The period

12 of a performance agreement described in paragraph

13 (1) shall be for 1 year.

14 ‘‘(3) REVIEW.—Upon the termination of a per15 formance agreement entered into under paragraph

16 (1), the Secretary shall review the performance of

17 the recipient that is a party to the agreement.

18 ‘‘(4) EFFECT OF REVIEW.—If, on the basis of

19 a review under paragraph (3), the Secretary deter20 mines that the recipient—

21 ‘‘(A) has made a good faith effort to meet

22 the compliance objectives specified in the agree23 ment, the Secretary may enter into an addi24 tional performance agreement for the period

25 specified in paragraph (2); and
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1 ‘‘(B) has failed to make a good faith effort

2 to meet applicable compliance objectives, the

3 Secretary shall determine the recipient to have

4 failed to comply substantially with this Act, and

5 the recipient shall be subject to an action under

6 subsection (a).’’.

7 (j) LABOR STANDARDS.—Section 104(b) of the Na8 tive American Housing Assistance and Self-Determination

9 Act of 1996 (25 U.S.C. 4114(b) is amended—

10 (1) in paragraph (1), by striking ‘‘Davis-Bacon

11 Act (40 U.S.C. 276a–276a–5)’’ and inserting ‘‘Act

12 of March 3, 1931 (commonly known as the Davis13 Bacon Act; chapter 411; 46 Stat. 1494; 40 U.S.C

14 276a et seq.)’’; and

15 (2) by adding at the end the following new

16 paragraph:

17 ‘‘(3) APPLICATION OF TRIBAL LAWS.—Para18 graph (1) shall not apply to any contract or agree19 ment for assistance, sale, or lease pursuant to this

20 Act, if such contract or agreement is otherwise cov21 ered by one or more laws or regulations adopted by

22 an Indian tribe that requires the payment of not less

23 than prevailing wages, as determined by the Indian

24 tribe.’’.

25 (k) TECHNICAL AND CONFORMING AMENDMENTS.—
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1 (1) TABLE OF CONTENTS.—Section 1(b) of the

2 Native American Housing Assistance and Self-De3 termination Act of 1996 (25 U.S.C. 4101 note) is

4 amended in the table of contents—

5 (A) by striking the item relating to section

6 206; and

7 (B) by striking the item relating to section

8 209 and inserting the following:

‘‘209. Noncompliance with affordable housing requirement.’’.

9 (2) CERTIFICATION OF COMPLIANCE WITH SUB10 SIDY LAYERING REQUIREMENTS.—Section 206 of

11 the Native American Housing Assistance and Self12 Determination Act of 1996 (25 U.S.C. 4136) is re13 pealed.

14 (3) TERMINATIONS.—Section 502(a) of the Na15 tive American Housing Assistance and Self-Deter16 mination Act of 1996 (25 U.S.C. 4181(a)) is amend17 ed by adding at the end the following: ‘‘Any housing

18 that is the subject of a contract for tenant-based as19 sistance between the Secretary and an Indian hous20 ing authority that is terminated under this section

21 shall, for the following fiscal year and each fiscal

22 year thereafter, be considered to be a dwelling unit

23 under section 302(b)(1).’’.
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1 TITLE XI—INDIAN EMPLOY2 MENT, TRAINING AND RE3 LATED SERVICES

4 SEC. 1101. SHORT TITLE.

5 This title may be cited as the ‘‘Indian Employment,

6 Training, and Related Services Demonstration Act

7 Amendments of 2000’’.

8 SEC. 1102. FINDINGS, PURPOSES.

9 (a) FINDINGS.—The Congress finds that—

10 (1) Indian tribes and Alaska Native organiza11 tions that have participated in carrying out pro12 grams under the Indian Employment, Training, and

13 Related Services Demonstration Act of 1992 (25

14 U.S.C. 3401 et seq.) have—

15 (A) improved the effectiveness of employ16 ment-related services provided by those tribes

17 and organizations to their members;

18 (B) enabled more Indian and Alaska Na19 tive people to prepare for and secure employ20 ment;

21 (C) assisted in transitioning tribal mem22 bers from welfare to work; and

23 (D) otherwise demonstrated the value of

24 integrating employment, training, education

25 and related services.
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1 (E) the initiatives under the Indian Em2 ployment, Training, and Related Services Dem3 onstration Act of 1992 should be strengthened

4 by ensuring that all Federal programs that em5 phasize the value of work may be included with6 in a demonstration program of an Indian or

7 Alaska Native organization; and

8 (F) the initiatives under the Indian Em9 ployment, Training, and Related Services Dem10 onstration Act of 1992 should have the benefit

11 of the support and attention of the officials

12 with policymaking authority of—

13 (i) the Department of the Interior; or

14 (ii) other Federal agencies that ad15 minister programs covered by the Indian

16 Employment, Training, and Related Serv17 ices Demonstration Act of 1992.

18 (b) PURPOSES.—The purposes of this title are to

19 demonstrate how Indian tribal governments can integrate

20 the employment, training, and related services they pro21 vide in order to improve the effectiveness of those services,

22 reduce joblessness in Indian communities, foster economic

23 development on Indian lands, and serve tribally-deter24 mined goals consistent with the policies of self-determina25 tion and self-governance.
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1 SEC. 1103. AMENDMENTS TO THE INDIAN EMPLOYMENT,

2 TRAINING AND RELATED SERVICES DEM3 ONSTRATION ACT OF 1992.

4 (a) DEFINITIONS.—Section 3 of the Indian Employ5 ment, Training, and Related Services Demonstration Act

6 of 1992 (25 U.S.C. 3402) is amended—

7 (1) by redesignating paragraphs (1) through

8 (3) as paragraphs (2) through (4), respectively; and

9 (2) by inserting before paragraph (2) the fol10 lowing:

11 ‘‘(1) FEDERAL AGENCY.—The term ‘federal

12 agency’ has the same meaning given the term ‘agen13 cy’ in section 551(1) of title 5, United States

14 Code.’’.

15 (b) PROGRAMS AFFECTED.—Section 5 of the Indian

16 Employment, Training, and Related Services Demonstra17 tion Act of 1992 (25 U.S.C. 3404) is amended by striking

18 ‘‘job training, tribal work experience, employment oppor19 tunities, or skill development, or any program designed for

20 the enhancement of job opportunities or employment

21 training’’ and inserting the following: ‘‘assisting Indian

22 youth and adults to succeed in the workforce, encouraging

23 self-sufficiency, familiarizing Indian Youth and adults

24 with the world of work, facilitating the creation of job op25 portunities and any services related to these activities’’.
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1 (c) PLAN REVIEW.—Section 7 of the Indian Employ2 ment, Training, and Related Services Demonstration Act

3 of 1992 (25 U.S.C. 3406) is amended—

4 (1) by striking ‘‘Federal department’’ and in5 serting ‘‘Federal agency’’;

6 (2) by striking ‘‘Federal departmental’’ and in7 serting ‘‘Federal agency’’;

8 (3) by striking ‘‘department’’ each place it ap9 pears and inserting ‘‘agency’’; and

10 (4) in the third sentence, by inserting ‘‘statu11 tory requirement,’’, after ‘‘to waive any’’.

12 (d) PLAN APPROVAL.—Section 8 of the Indian Em13 ployment, Training, and Related Services Demonstration

14 Act of 1992 (25 U.S.C. 3407) is amended—

15 (1) in the first sentence, by inserting before the

16 period at the end the following; ‘‘, including any re17 quest for a waiver that is made as part of the plan

18 submitted by the tribal government’’; and

19 (2) in the second sentence, by inserting before

20 the period at the end the following: ‘‘, including re21 considering the disapproval of any waiver requested

22 by the Indian tribe’’.

23 (e) JOB CREATION ACTIVITIES AUTHORIZED.—Sec24 tion 9 of the Indian Employment, Training, and Related
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1 Services Demonstration Act of 1992 (25 U.S.C. 3407) is

2 amended—

3 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

4 ‘‘The plan submitted’’; and

5 (2) by adding at the end the following:

6 ‘‘(b) JOB CREATION OPPORTUNITIES.—

7 ‘‘(1) IN GENERAL.—Notwithstanding any other

8 provisions of law, including any requirement of a

9 program that is integrated under a plan under this

10 Act, a tribal government may use a percentage of

11 the funds made available under this Act (as deter12 mined under paragraph (2)) for the creation of em13 ployment opportunities, including providing private

14 sector training placement under section 10.

15 ‘‘(2) DETERMINATION OF PERCENTAGE.—The

16 percentage of funds that a tribal government may

17 use under this subsection is the greater of—

18 ‘‘(A) the rate of unemployment in the serv19 ice area of the tribe up to a maximum of 25

20 percent; or

21 ‘‘(B) 10 percent.

22 ‘‘(c) LIMITATION.—The funds used for an expendi23 ture described in subsection (a) may only include funds

24 made available to the Indian tribe by a Federal agency

25 under a statutory or administrative formula.’’.
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1 SEC. 1104. REPORT ON EXPANDING THE OPPORTUNITIES

2 FOR PROGRAM INTEGRATION.

3 Not later than one year after the date of enactment

4 of this title, the Secretary, the Secretary of Health and

5 Human Services, the Secretary of Labor, and the tribes

6 and organizations participating in the integration initia7 tive under this title shall submit a report to the Committee

8 on Indian Affairs of the Senate and the Committee on Re9 sources of the House of Representatives on the opportuni10 ties for expanding the integration of human resource de11 velopment and economic development programs under this

12 title, and the feasibility of establishing Joint Funding

13 Agreements to authorize tribes to access and coordinated

14 funds and resources from various agencies for purposes

15 of human resources development, physical infrastructure

16 development, and economic development assistance in gen17 eral. Such report shall identify programs or activities

18 which might be integrated and make recommendations for

19 the removal of any statutory or other barriers to such inte20 gration.

21 TITLE XII—NAVAJO NATION

22 TRUST LAND LEASING

23 SEC. 1201. SHORT TITLE.

24 This title may be cited as the ‘‘Navajo Nation Trust

25 Land Leasing Act of 2000’’.
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1 SEC. 1202. CONGRESSIONAL FINDINGS AND DECLARATION

2 OF PURPOSES.

3 (a) FINDINGS.—Recognizing the special relationship

4 between the United States and the Navajo Nation and its

5 members, and the Federal responsibility to the Navajo

6 people, Congress finds that—

7 (1) the third clause of section 8, Article I of the

8 United States Constitution provides that ‘‘The Con9 gress shall have Power . . to regulate

10 Commerce . . with Indian tribes’’, and, through

11 this and other constitutional authority, Congress has

12 plenary power over Indian affairs;

13 (2) Congress, through statutes, treaties, and

14 the general course of dealing with Indian tribes, has

15 assumed the responsibility for the protection and

16 preservation of Indian tribes and their resources;

17 (3) the United States has a trust obligation to

18 guard and preserve the sovereignty of Indian tribes

19 in order to foster strong tribal governments, Indian

20 self-determination, and economic self-sufficiency;

21 (4) pursuant to the first section of the Act of

22 August 9, 1955 (25 U.S.C. 415), Congress conferred

23 upon the Secretary of the Interior the power to pro24 mulgate regulations governing tribal leases and to

25 approve tribal leases for tribes according to regula26 tions promulgated by the Secretary;
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1 (5) the Secretary has promulgated the regula2 tions described in paragraph (4) at part 162 of title

3 25, Code of Federal Regulations;

4 (6) the requirement that the Secretary approve

5 leases for the development of Navajo trust lands has

6 added a level of review and regulation that does not

7 apply to the development of non-Indian land; and

8 (7) in the global economy of the 21st century,

9 it is crucial that individual leases of Navajo trust

10 lands not be subject to Secretarial approval and that

11 the Navajo Nation be able to make immediate deci12 sions over the use of Navajo trust lands.

13 (b) PURPOSES.—The purposes of this title are as fol14 lows:

15 (1) To establish a streamlined process for the

16 Navajo Nation to lease trust lands without having to

17 obtain the approval of the Secretary of the Interior

18 of individual leases, except leases for exploration, de19 velopment, or extraction of any mineral resources.

20 (2) To authorize the Navajo Nation, pursuant

21 to tribal regulations, which must be approved by the

22 Secretary, to lease Navajo trust lands without the

23 approval of the Secretary of the Interior of the indi24 vidual leases, except leases for exploration, develop25 ment, or extraction of any mineral resources.
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1 (3) To revitalize the distressed Navajo Reserva2 tion by promoting political self-determination, and

3 encouraging economic self-sufficiency, including eco4 nomic development that increases productivity and

5 the standard of living for members of the Navajo

6 Nation.

7 (4) To maintain, strengthen, and protect the

8 Navajo Nation’s leasing power over Navajo trust

9 lands.

10 (c) DEFINITIONS.—In this section:

11 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’

12 has the meaning given such term in section 4(e) of

13 the Indian Self-Determination and Education Assist14 ance Act (25 U.S.C. 450b(e)).

15 (2) NAVAJO NATION.—The term ‘‘Navajo Na16 tion’’ means the Navajo Nation government that is

17 in existence on the date of enactment of this Act.

18 (3) TRIBAL REGULATIONS.—The term ‘‘tribal

19 regulations’’ means the Navajo Nation regulations

20 as enacted by the Navajo Nation Council or its

21 standing committees and approved by the Secretary.

22 SEC. 1203. LEASE OF RESTRICTED LANDS FOR THE NAVAJO

23 NATION.

24 The first section of the Act of August 9, 1955 (25

25 U.S.C. 415) is amended—
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1 (1) in subsection (d)—

2 (A) in paragraph (1), by striking ‘‘and’’ at

3 the end;

4 (B) in paragraph (2), by striking the pe5 riod and inserting a semicolon; and

6 (C) by adding at the end the following:

7 ‘‘(3) the term ‘individually owned Navajo In8 dian allotted lands’ means Navajo Indian allotted

9 land that is owned by 1 or more individuals located

10 within the Navajo Nation;

11 ‘‘(4) the term ‘Navajo Nation’ means the Nav12 ajo Nation government that is in existence on the

13 date of enactment of this Act;

14 ‘‘(5) the term ‘Secretary’ means the Secretary

15 of the Interior; and

16 ‘‘(6) the term ‘tribal regulations’ means the

17 Navajo Nation regulations as enacted by the Navajo

18 Nation Council or its standing committees and ap19 proved by the Secretary.’’; and

20 (2) by adding at the end the following:

21 ‘‘(e)(1) Any leases by the Navajo Nation for purposes

22 authorized under subsection (a), except a lease for the ex23 ploration, development, or extraction of any mineral re24 sources, shall not require the approval of the Secretary

25 if the term of the lease does not exceed 75 years (including
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1 options to renew), and the lease is executed under tribal

2 regulations that are approved by the Secretary under this

3 subsection.

4 ‘‘(2) Paragraph (1) shall not apply to individually

5 owned Navajo Indian allotted land located within the Nav6 ajo Nation.

7 ‘‘(3) The Secretary shall have the authority to ap8 prove or disapprove tribal regulations required under

9 paragraph (1). The Secretary shall not have approval au10 thority over individual leases of Navajo trust lands, except

11 for the exploration, development, or extraction of any min12 eral resources. The Secretary shall perform the duties of

13 the Secretary under this subsection in the best interest

14 of the Navajo Nation.

15 ‘‘(4) If the Navajo Nation has executed a lease pursu16 ant to tribal regulations required under paragraph (1), the

17 United states shall not be liable for losses sustained by

18 any party to such lease, including the Navajo Nation, ex19 cept that—

20 ‘‘(A) the Secretary shall continue to have a

21 trust obligation to ensure that the rights of the Nav22 ajo Nation are protected in the event of a violation

23 of the terms of any lease by any other party to such

24 lease, including the right to cancel the lease if re25 quested by the Navajo Nation; and
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1 ‘‘(B) nothing in this subsection shall be con2 strued to absolve the United States from any re3 sponsibility to the Navajo Nation, including respon4 sibilities that derive from the trust relationship and

5 from any treaties, Executive orders, or agreements

6 between the United States and the Navajo Nation,

7 except as otherwise specifically provided in this sub8 section.’’.

9 TITLE XIII—AMERICAN INDIAN

10 EDUCATION FOUNDATION

11 SEC. 1301. SHORT TITLE.

12 This title may be cited as the ‘‘American Indian Edu13 cation Foundation Act of 2000’’.

14 SEC. 1302. ESTABLISHMENT OF AMERICAN INDIAN EDU15 CATION FOUNDATION.

16 The Indian Self-Determination and Education Assist17 ance Act (25 U.S.C. 450 et seq.) is amended by adding

18 at the end the following:

19 ‘‘TITLE V—AMERICAN INDIAN

20 EDUCATION FOUNDATION

21 ‘‘SEC. 501. AMERICAN INDIAN EDUCATION FOUNDATION.

22 ‘‘(a) IN GENERAL.—As soon as practicable after the

23 date of the enactment of this title, the Secretary of the

24 Interior shall establish, under the laws of the District of
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1 Columbia and in accordance with this title, the American

2 Indian Education Foundation.

3 ‘‘(b) PERPETUAL EXISTENCE.—Except as otherwise

4 provided, the Foundation shall have perpetual existence.

5 ‘‘(c) NATURE OF CORPORATION.—The Foundation

6 shall be a charitable and nonprofit federally chartered cor7 poration and shall not be an agency or instrumentality of

8 the United States.

9 ‘‘(d) PLACE OF INCORPORATION AND DOMICILE.—

10 The Foundation shall be incorporated and domiciled in the

11 District of Columbia.

12 ‘‘(e) PURPOSES.—The purposes of the Foundation

13 shall be—

14 ‘‘(1) to encourage, accept, and administer pri15 vate gifts of real and personal property or any in16 come therefrom or other interest therein for the ben17 efit of, or in support of, the mission of the Office of

18 Indian Education Programs of the Bureau of Indian

19 Affairs (or its successor office);

20 ‘‘(2) to undertake and conduct such other ac21 tivities as will further the educational opportunities

22 of American Indians who attend a Bureau funded

23 school; and

24 ‘‘(3) to participate with, and otherwise assist,

25 Federal, State, and tribal governments, agencies, en-
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1 tities, and individuals in undertaking and conducting

2 activities that will further the educational opportuni3 ties of American Indians attending Bureau funded

4 schools.

5 ‘‘(f) BOARD OF DIRECTORS.—

6 ‘‘(1) IN GENERAL.—The Board of Directors

7 shall be the governing body of the Foundation. The

8 Board may exercise, or provide for the exercise of,

9 the powers of the Foundation.

10 ‘‘(2) SELECTION.—The number of members of

11 the Board, the manner of their selection (including

12 the filling of vacancies), and their terms of office

13 shall be as provided in the constitution and bylaws

14 of the Foundation. However, the Board shall have at

15 least 11 members, 2 of whom shall be the Secretary

16 and the Assistant Secretary of the Interior for In17 dian Affairs, who shall serve as ex officio nonvoting

18 members, and the initial voting members of the

19 Board shall be appointed by the Secretary not later

20 than 6 months after the date that the Foundation

21 is established and shall have staggered terms (as de22 termined by the Secretary).

23 ‘‘(3) QUALIFICATION.—The members of the

24 Board shall be United States citizens who are knowl25 edgeable or experienced in American Indian edu-
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1 cation and shall, to the extent practicable, represent

2 diverse points of view relating to the education of

3 American Indians.

4 ‘‘(4) COMPENSATION.—Members of the Board

5 shall not receive compensation for their services as

6 members, but shall be reimbursed for actual and

7 necessary travel and subsistence expenses incurred

8 by them in the performance of the duties of the

9 Foundation.

10 ‘‘(g) OFFICERS.—

11 ‘‘(1) IN GENERAL.—The officers of the Founda12 tion shall be a secretary, elected from among the

13 members of the Board, and any other officers pro14 vided for in the constitution and bylaws of the Foun15 dation.

16 ‘‘(2) SECRETARY OF FOUNDATION.—The sec17 retary shall serve, at the direction of the Board, as

18 its chief operating officer and shall be knowledgeable

19 and experienced in matters relating to education in

20 general and education of American Indians in par21 ticular.

22 ‘‘(3) ELECTION.—The manner of election, term

23 of office, and duties of the officers shall be as pro24 vided in the constitution and bylaws of the Founda25 tion.
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1 ‘‘(h) POWERS.—The Foundation—

2 ‘‘(1) shall adopt a constitution and bylaws for

3 the management of its property and the regulation

4 of its affairs, which may be amended;

5 ‘‘(2) may adopt and alter a corporate seal;

6 ‘‘(3) may make contracts, subject to the limita7 tions of this Act;

8 ‘‘(4) may acquire (through a gift or otherwise),

9 own, lease, encumber, and transfer real or personal

10 property as necessary or convenient to carry out the

11 purposes of the Foundation;

12 ‘‘(5) may sue and be sued; and

13 ‘‘(6) may perform any other act necessary and

14 proper to carry out the purposes of the Foundation.

15 ‘‘(i) PRINCIPAL OFFICE.—The principal office of the

16 Foundation shall be in the District of Columbia. However,

17 the activities of the Foundation may be conducted, and

18 offices may be maintained, throughout the United States

19 in accordance with the constitution and bylaws of the

20 Foundation.

21 ‘‘(j) SERVICE OF PROCESS.—The Foundation shall

22 comply with the law on service of process of each State

23 in which it is incorporated and of each State in which the

24 Foundation carries on activities.
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1 ‘‘(k) LIABILITY OF OFFICERS AND AGENTS.—The

2 Foundation shall be liable for the acts of its officers and

3 agents acting within the scope of their authority. Members

4 of the Board are personally liable only for gross negligence

5 in the performance of their duties.

6 ‘‘(l) RESTRICTIONS.—

7 ‘‘(1) LIMITATION ON SPENDING.—Beginning

8 with the fiscal year following the first full fiscal year

9 during which the Foundation is in operation, the ad10 ministrative costs of the Foundation may not exceed

11 10 percent of the sum of—

12 ‘‘(A) the amounts transferred to the Foun13 dation under subsection (m) during the pre14 ceding fiscal year; and

15 ‘‘(B) donations received from private

16 sources during the preceding fiscal year.

17 ‘‘(2) APPOINTMENT AND HIRING.—The ap18 pointment of officers and employees of the Founda19 tion shall be subject to the availability of funds.

20 ‘‘(3) STATUS.—Members of the Board, and the

21 officers, employees, and agents of the Foundation

22 are not, by reason of their association with the

23 Foundation, officers, employees, or agents of the

24 United States.
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1 ‘‘(m) TRANSFER OF DONATED FUNDS.—The Sec2 retary may transfer to the Foundation funds held by the

3 Department of the Interior under the Act of February 14,

4 1931 (25 U.S.C. 451), if the transfer or use of such funds

5 is not prohibited by any term under which the funds were

6 donated.

7 ‘‘(n) AUDITS.—The Foundation shall comply with the

8 audit requirements set forth in section 10101 of title 36,

9 United States Code, as if it were a corporation in part

10 B of subtitle II of that title.

11 ‘‘SEC. 502. ADMINISTRATIVE SERVICES AND SUPPORT.

12 ‘‘(a) PROVISION OF SUPPORT BY SECRETARY.—Sub13 ject to subsection (b), during the 5-year period beginning

14 on the date that the Foundation is established, the

15 Secretary—

16 ‘‘(1) may provide personnel, facilities, and other

17 administrative support services to the Foundation;

18 ‘‘(2) may provide funds to reimburse the travel

19 expenses of the members of the Board under section

20 501; and

21 ‘‘(3) shall require and accept reimbursements

22 from the Foundation for any—

23 ‘‘(A) services provided under paragraph

24 (1); and

25 ‘‘(B) funds provided under paragraph (2).
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1 ‘‘(b) REIMBURSEMENTT.—Reimbursements accepted

2 under subsection (a)(3) shall be deposited in the Treasury

3 to the credit of the appropriations then current and

4 chargeable for the cost of providing services described in

5 subsection (a)(1) and the travel expenses described in sub6 section (a)(2).

7 ‘‘(c) CONTINUATION OF CERTAIN SERVICES.—Not8 withstanding any other provision of this section, the Sec9 retary may continue to provide facilities and necessary

10 support services to the Foundation after the termination

11 of the 5-year period specified in subsection (a), on a space

12 available, reimbursable cost basis.

13 ‘‘SEC. 503. DEFINITIONS.

14 ‘‘For the purposes of this title—

15 ‘‘(1) the term ‘Bureau funded school’ has the

16 meaning given that term in title XI of the Education

17 Amendments of 1978;

18 ‘‘(2) the term ‘Foundation’ means the Founda19 tion established by the Secretary pursuant to section

20 501; and

21 ‘‘(3) the term ‘Secretary’ means the Secretary

22 of the Interior.’’.
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1 TITLE XIV—GRATON RANCHERIA

2 RESTORATION

3 SEC. 1401. SHORT TITLE.

4 This title may be cited as the ‘‘Graton Rancheria

5 Restoration Act’’.

6 SEC. 1402. FINDINGS.

7 The Congress finds that in their 1997 Report to Con8 gress, the Advisory Council on California Indian Policy

9 specifically recommended the immediate legislative res10 toration of the Graton Rancheria.

11 SEC. 1403. DEFINITIONS.

12 For purposes of this title:

13 (1) The term ‘‘Tribe’’ means the Indians of the

14 Graton Rancheria of California.

15 (2) The term ‘‘Secretary’’ means the Secretary

16 of the Interior.

17 (3) The term ‘‘Interim Tribal Council’’ means

18 the governing body of the Tribe specified in section

19 1407.

20 (4) The term ‘‘member’’ means an individual

21 who meets the membership criteria under section

22 1406(b).

23 (5) The term ‘‘State’’ means the State of Cali24 fornia.
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1 (6) The term ‘‘reservation’’ means those lands

2 acquired and held in trust by the Secretary for the

3 benefit of the Tribe.

4 (7) The term ‘‘service area’’ means the counties

5 of Marin and Sonoma, in the State of California.

6 SEC. 1404. RESTORATION OF FEDERAL RECOGNITION,

7 RIGHTS, AND PRIVILEGES.

8 (a) FEDERAL RECOGNITION.—Federal recognition is

9 hereby restored to the Tribe. Except as otherwise provided

10 in this title, all laws and regulations of general application

11 to Indians and nations, tribes, or bands of Indians that

12 are not inconsistent with any specific provision of this title

13 shall be applicable to the Tribe and its members.

14 (b) RESTORATION OF RIGHTS AND PRIVILEGES.—

15 Except as provided in subsection (d), all rights and privi16 leges of the Tribe and its members under any Federal

17 treaty, Executive order, agreement, or statute, or under

18 any other authority which were diminished or lost under

19 the Act of August 18, 1958 (Public Law 85–671; 72 Stat.

20 619), are hereby restored, and the provisions of such Act

21 shall be inapplicable to the Tribe and its members after

22 the date of the enactment of this Act.

23 (c) FEDERAL SERVICES AND BENEFITS.—

24 (1) IN GENERAL.—Without regard to the exist25 ence of a reservation, the Tribe and its members
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1 shall be eligible, on and after the date of the enact2 ment of this Act for all Federal services and benefits

3 furnished to federally recognized Indian tribes or

4 their members. For the purposes of Federal services

5 and benefits available to members of federally recog6 nized Indian tribes residing on a reservation, mem7 bers of the Tribe residing in the Tribe’s service area

8 shall be deemed to be residing on a reservation.

9 (2) RELATION TO OTHER LAWS.—The eligibility

10 for or receipt of services and benefits under para11 graph (1) by a tribe or individual shall not be con12 sidered as income, resources, or otherwise when de13 termining the eligibility for or computation of any

14 payment or other benefit to such tribe, individual, or

15 household under—

16 (A) any financial aid program of the

17 United States, including grants and contracts

18 subject to the Indian Self-Determination Act; or

19 (B) any other benefit to which such tribe,

20 household, or individual would otherwise be en21 titled under any Federal or federally assisted

22 program.

23 (d) HUNTING, FISHING, TRAPPING, GATHERING,

24 AND WATER RIGHTS.—Nothing in this title shall expand,

25 reduce, or affect in any manner any hunting, fishing, trap-
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1 ping, gathering, or water rights of the Tribe and its mem2 bers.

3 (e) CERTAIN RIGHTS NOT ALTERED.—Except as

4 specifically provided in this title, nothing in this title shall

5 alter any property right or obligation, any contractual

6 right or obligation, or any obligation for taxes levied.

7 SEC. 1405. TRANSFER OF LAND TO BE HELD IN TRUST.

8 (a) LANDS TO BE TAKEN IN TRUST.—Upon applica9 tion by the Tribe, the Secretary shall accept into trust for

10 the benefit of the Tribe any real property located in Marin

11 or Sonoma County, California, for the benefit of the Tribe

12 after the property is conveyed or otherwise transferred to

13 the Secretary and if, at the time of such conveyance or

14 transfer, there are no adverse legal claims to such prop15 erty, including outstanding liens, mortgages, or taxes.

16 (b) FORMER TRUST LANDS OF THE GRATON

17 RANCHERIA.—Subject to the conditions specified in this

18 section, real property eligible for trust status under this

19 section shall include Indian owned fee land held by persons

20 listed as distributees or dependent members in the dis21 tribution plan approved by the Secretary on September 17,

22 1959, or such distributees’ or dependent members’ Indian

23 heirs or successors in interest.

24 (c) LANDS TO BE PART OF RESERVATION.—Any

25 real property taken into trust for the benefit of the Tribe
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1 pursuant to this title shall be part of the Tribe’s reserva2 tion.

3 (d) LANDS TO BE NONTAXABLE.—Any real property

4 taken into trust for the benefit of the Tribe pursuant to

5 this section shall be exempt from all local, State, and Fed6 eral taxation as of the date that such land is transferred

7 to the Secretary.

8 SEC. 1406. MEMBERSHIP ROLLS.

9 (a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—

10 Not later than 1 year after the date of the enactment of

11 this Act, the Secretary shall, after consultation with the

12 Tribe, compile a membership roll of the Tribe.

13 (b) CRITERIA FOR MEMBERSHIP.—

14 (1) Until a tribal constitution is adopted under

15 section 1408, an individual shall be placed on the

16 Graton membership roll if such individual is living,

17 is not an enrolled member of another federally rec18 ognized Indian tribe, and if—

19 (A) such individual’s name was listed on

20 the Graton Indian Rancheria distribution list

21 compiled by the Bureau of Indian Affairs and

22 approved by the Secretary on September 17,

23 1959, under Public Law 85–671;

24 (B) such individual was not listed on the

25 Graton Indian Rancheria distribution list, but
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1 met the requirements that had to be met to be

2 listed on the Graton Indian Rancheria distribu3 tion list;

4 (C) such individual is identified as an In5 dian from the Graton, Marshall, Bodega,

6 Tomales, or Sebastopol, California, vicinities, in

7 documents prepared by or at the direction of

8 the Bureau of Indian Affairs, or in any other

9 public or California mission records; or

10 (D) such individual is a lineal descendant

11 of an individual, living or dead, identified in

12 subparagraph (A), (B), or (C).

13 (2) After adoption of a tribal constitution under

14 section 1408, such tribal constitution shall govern

15 membership in the Tribe.

16 (c) CONCLUSIVE PROOF OF GRATON INDIAN ANCES17 TRY.—For the purpose of subsection (b), the Secretary

18 shall accept any available evidence establishing Graton In19 dian ancestry. The Secretary shall accept as conclusive

20 evidence of Graton Indian ancestry information contained

21 in the census of the Indians from the Graton, Marshall,

22 Bodega, Tomales, or Sebastopol, California, vicinities, pre23 pared by or at the direction of Special Indian Agent John

24 J. Terrell in any other roll or census of Graton Indians

25 prepared by or at the direction of the Bureau of Indian
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1 Affairs and in the Graton Indian Rancheria distribution

2 list compiled by the Bureau of Indian Affairs and ap3 proved by the Secretary on September 17, 1959.

4 SEC. 1407. INTERIM GOVERNMENT.

5 Until the Tribe ratifies a final constitution consistent

6 with section 1408, the Tribe’s governing body shall be an

7 Interim Tribal Council. The initial membership of the In8 terim Tribal Council shall consist of the members serving

9 on the date of the enactment of this Act, who have been

10 elected under the tribal constitution adopted May 3, 1997.

11 The Interim Tribal Council shall continue to operate in

12 the manner prescribed under such tribal constitution. Any

13 vacancy on the Interim Tribal Council shall be filled by

14 individuals who meet the membership criteria set forth in

15 section 1406(b) and who are elected in the same manner

16 as are Tribal Council members under the tribal constitu17 tion adopted May 3, 1997.

18 SEC. 1408. TRIBAL CONSTITUTION.

19 (a) ELECTION; TIME; PROCEDURE.—After the com20 pilation of the tribal membership roll under section

21 1406(a), upon the written request of the Interim Tribal

22 Council, the Secretary shall conduct, by secret ballot, an

23 election for the purpose of ratifying a final constitution

24 for the Tribe. The election shall be held consistent with

25 sections 16(c)(1) and 16(c)(2)(A) of the Act of June 18,
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1 1934 (commonly known as the Indian Reorganization Act;

2 25 U.S.C. 476(c)(1) and 476(c)(2)(A), respectively). Ab3 sentee voting shall be permitted regardless of voter resi4 dence.

5 (b) ELECTION OF TRIBAL OFFICIALS; PROCE6 DURES.—Not later than 120 days after the Tribe ratifies

7 a final constitution under subsection (a), the Secretary

8 shall conduct an election by secret ballot for the purpose

9 of electing tribal officials as provided in such tribal con10 stitution. Such election shall be conducted consistent with

11 the procedures specified in subsection (a) except to the

12 extent that such procedures conflict with the tribal con13 stitution.

14 TITLE XV—CEMETERY SITES

15 AND HISTORICAL PLACES

16 SEC. 1501. FINDINGS; DEFINITIONS.

17 (a) FINDINGS.—The Congress finds the following:

18 (1) Pursuant to section 14(h)(1) of ANCSA,

19 the Secretary has the authority to withdraw and

20 convey to the appropriate regional corporation fee

21 title to existing cemetery sites and historical places.

22 (2) Pursuant to section 14(h)(7) of ANCSA,

23 lands located within a National Forest may be con24 veyed for the purposes set forth in section 14(h)(1)

25 of ANCSA.
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1 (3) Chugach Alaska Corporation, the Alaska

2 Native Regional Corporation for the Chugach Re3 gion, applied to the Secretary for the conveyance of

4 cemetery sites and historical places pursuant to sec5 tion 14(h)(1) of ANCSA in accordance with the reg6 ulations promulgated by the Secretary.

7 (4) Among the applications filed were applica8 tions for historical places at Miners Lake (AA–

9 41487), Coghill Point (AA–41488), College Fjord

10 (AA–41489), Point Pakenham (AA–41490), College

11 Point (AA–41491), Egg Island (AA–41492), and

12 Wingham Island (AA–41494), which applications

13 were substantively processed for 13 years and then

14 rejected as having been untimely filed.

15 (5) The fulfillment of the intent, purpose, and

16 promise of ANCSA requires that applications sub17 stantively processed for 13 years should be accepted

18 as timely, subject only to a determination that such

19 lands and applications meet the eligibility criteria for

20 historical places or cemetery sites, as appropriate,

21 set forth in the Secretary’s regulations.

22 (b) DEFINITIONS.—For the purposes of this title, the

23 following definitions apply:
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1 (1) ANCSA.—The term ‘‘ANCSA’’ means the

2 Alaska Native Claims Settlement Act, as amended

3 (43 U.S.C. 1601 et seq.).

4 (2) FEDERAL GOVERNMENT.—The term ‘‘Fed5 eral Government’’ means any Federal agency of the

6 United States.

7 (3) SECRETARY.—The term ‘‘Secretary’’ means

8 the Secretary of the Interior.

9 SEC. 1502. WITHDRAWAL OF LANDS.

10 Notwithstanding any other provision of law, the Sec11 retary shall withdraw from all forms of appropriation all

12 public lands described in the applications identified in sec13 tion 1501(a)(4) of this title.

14 SEC. 1503. APPLICATION FOR CONVEYANCE OF WITH15 DRAWN LANDS.

16 With respect to lands withdrawn pursuant to section

17 1502 of this title, the applications identified in section

18 1501(a)(4) of this title are deemed to have been timely

19 filed. In processing these applications on the merits, the

20 Secretary shall incorporate and use any work done on

21 these applications during the processing of these applica22 tions since 1980.

23 SEC. 1504. AMENDMENTS.

24 Chugach Alaska Corporation may amend any applica25 tion under section 1503 of this title in accordance with
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1 the rules and regulations generally applicable to amending

2 applications under section 14(h)(1) of ANCSA.

3 SEC. 1505. PROCEDURE FOR EVALUATING APPLICATIONS.

4 All applications under section 1503 of this title shall

5 be evaluated in accordance with the criteria and proce6 dures set forth in the regulations promulgated by the Sec7 retary as of the date of the enactment of this title. To

8 the extent that such criteria and procedures conflict with

9 any provision of this title, the provisions of this title shall

10 control.

11 SEC. 1506. APPLICABILITY.

12 (a) EFFECT ON ANCSA PROVISIONS.—Notwith13 standing any other provision of law or of this title, any

14 conveyance of land to Chugach Alaska Corporation pursu15 ant to this title shall be charged to and deducted from

16 the entitlement of Chugach Alaska Corporation under sec17 tion 14(h)(8)(A) of ANCSA (43 U.S.C. 1613(h)(8)(A)),

18 and no conveyance made pursuant to this title shall affect

19 the distribution of lands to or the entitlement to land of

20 any Regional Corporation other than Chugach Alaska Cor21 poration under section 14(h)(8) of ANCSA (43 U.S.C.

22 1613(h)(8)).

23 (b) NO ENLARGEMENT OF ENTITLEMENT.—Nothing

24 herein shall be deemed to enlarge Chugach Alaska Cor-
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1 poration’s entitlement to subsurface estate under other2 wise applicable law.

Passed the House of Representatives October 26,

2000.

Attest:

Clerk.

106TH CONGRESS

2D SESSION H. R. 5528

AN ACT

To authorize the construction of a Wakpa Sica Reconciliation Place in Fort Pierre, South Dakota,

and for other purposes.