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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5528 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Omnibus Indian Advancement Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
  TITLE I--SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY IRRIGATION WORKS

Sec. 101. Findings.
Sec. 102. Conveyance and operation of irrigation works.
Sec. 103. Relationship to other laws.
              TITLE II--NATIVE HAWAIIAN HOUSING ASSISTANCE

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Housing assistance.
Sec. 204. Loan guarantees for Native Hawaiian housing.
       TITLE III--COUSHATTA TRIBE OF LOUISIANA LAND TRANSACTIONS

Sec. 301. Approval not required to validate land transactions.
               TITLE IV--WAKPA SICA RECONCILIATION PLACE

Sec. 401. Findings.
Sec. 402. Definitions.
                   Subtitle A--Reconciliation Center

Sec. 411. Reconciliation center.
Sec. 412. Sioux Nation Tribal Supreme Court.
Sec. 413. Legal jurisdiction not affected.
                         Subtitle B--GAO Study

Sec. 421. GAO study.
           TITLE V--EXPENDITURE OF FUNDS BY ZUNI INDIAN TRIBE

Sec. 501. Expenditure of funds by tribe authorized.
  TITLE VI--TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT

Sec. 601. Short title.
Sec. 602. Congressional findings and purpose.
Sec. 603. Definitions.
Sec. 604. Ratification of settlement agreement.
Sec. 605. Settlement funds.
Sec. 606. Trust land acquisition and status.
Sec. 607. Permanent flowage easements.
Sec. 608. Satisfaction of claims, waivers, and releases.
Sec. 609. Miscellaneous provisions.
Sec. 610. Authorization of appropriations.
Sec. 611. Effective date.
                    TITLE VII--SHAWNEE TRIBE STATUS

Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Definitions.
Sec. 704. Federal recognition, trust relationship, and program 
                            eligibility.
Sec. 705. Establishment of a tribal roll.
Sec. 706. Organization of the tribe; tribal constitution.
Sec. 707. Tribal land.
Sec. 708. Jurisdiction.
Sec. 709. Individual Indian land.
Sec. 710. Treaties not affected.
                   TITLE VIII--TECHNICAL CORRECTIONS

Sec. 801. Short title.
             Subtitle A--Miscellaneous Technical Provisions

Sec. 811. Technical correction to an Act affecting the status of 
                            Mississippi Choctaw lands and adding such 
                            lands to the Choctaw Reservation.
Sec. 812. Technical corrections concerning the Five Civilized Tribes of 
                            Oklahoma.
Sec. 813. Waiver of repayment of expert assistance loans to the Red 
                            Lake Band of Chippewa Indians and the 
                            Minnesota Chippewa Tribes.
Sec. 814. Technical amendment to the Indian Child Protection and Family 
                            Violence Protection Act.
Sec. 815. Technical amendment to extend the authorization period under 
                            the Indian Health Care Improvement Act.
Sec. 816. Technical amendment to extend the authorization period under 
                            the Indian Alcohol and Substance Abuse 
                            Prevention and Treatment Act of 1986.
Sec. 817. Morris K. Udall Scholarship and Excellence in National 
                            Environmental Policy Foundation.
Sec. 818. Technical amendment regarding the treatment of certain income 
                            for purposes of Federal assistance.
Sec. 819. Land to be taken into trust.
                   Subtitle B--Santa Fe Indian School

Sec. 821. Short title.
Sec. 822. Definitions.
Sec. 823. Transfer of certain lands for use as the Santa Fe Indian 
                            School.
Sec. 824. Land use.
               TITLE IX--CALIFORNIA INDIAN LAND TRANSFER

Sec. 901. Short title.
Sec. 902. Lands held in trust for various tribes of California Indians.
Sec. 903. Miscellaneous provisions.
                 TITLE X--NATIVE AMERICAN HOMEOWNERSHIP

Sec. 1001. Lands Title Report Commission.
Sec. 1002. Loan guarantees.
Sec. 1003. Native American housing assistance.
       TITLE XI--INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES

Sec. 1101. Short title.
Sec. 1102. Findings, purposes.
Sec. 1103. Amendments to the Indian Employment, Training and Related 
                            Services Demonstration Act of 1992.
Sec. 1104. Report on expanding the opportunities for program 
                            integration.
              TITLE XII--NAVAJO NATION TRUST LAND LEASING

Sec. 1201. Short title.
Sec. 1202. Congressional findings and declaration of purposes.
Sec. 1203. Lease of restricted lands for the Navajo Nation.
            TITLE XIII--AMERICAN INDIAN EDUCATION FOUNDATION

Sec. 1301. Short title.
Sec. 1302. Establishment of American Indian Education Foundation.
                TITLE XIV--GRATON RANCHERIA RESTORATION

Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.
Sec. 1404. Restoration of Federal recognition, rights, and privileges.
Sec. 1405. Transfer of land to be held in trust.
Sec. 1406. Membership rolls.
Sec. 1407. Interim government.
Sec. 1408. Tribal constitution.
             TITLE XV--CEMETERY SITES AND HISTORICAL PLACES

Sec. 1501. Findings; definitions.
Sec. 1502. Withdrawal of lands.
Sec. 1503. Application for conveyance of withdrawn lands.
Sec. 1504. Amendments.
Sec. 1505. Procedure for evaluating applications.
Sec. 1506. Applicability.

  TITLE I--SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY IRRIGATION WORKS

SEC. 101. FINDINGS.

    The Congress finds and declares that--
            (1) it is the policy of the United States, in fulfillment 
        of its trust responsibility to Indian tribes, to promote Indian 
        self-determination and economic self-sufficiency;
            (2) the Salt River Pima-Maricopa Indian Community 
        (hereinafter referred to as the ``Community'') has operated the 
        irrigation works within the Community's reservation since 
        November 1997 and is capable of fully managing the operation of 
        these irrigation works;
            (3) considering that the irrigation works, which are 
        comprised primarily of canals, ditches, irrigation wells, 
        storage reservoirs, and sump ponds located exclusively on lands 
        held in trust for the Community and allottees, have been 
        operated generally the same for over 100 years, the irrigation 
        works will continue to be used for the distribution and 
        delivery of water;
            (4) considering that the operational management of the 
        irrigation works has been carried out by the Community as 
        indicated in paragraph (2), the conveyance of ownership of such 
        works to the Community is viewed as an administrative action;
            (5) the Community's laws and regulations are in compliance 
        with section 102(b); and
            (6) in light of the foregoing and in order to--
                    (A) promote Indian self-determination, economic 
                self-sufficiency, and self-governance;
                    (B) enable the Community in its development of a 
                diverse, efficient reservation economy; and
                    (C) enable the Community to better serve the water 
                needs of the water users within the Community,
        it is appropriate in this instance that the United States 
        convey to the Community the ownership of the irrigation works.

SEC. 102. CONVEYANCE AND OPERATION OF IRRIGATION WORKS.

    (a) Conveyance.--The Secretary of the Interior, as soon as is 
practicable after the date of the enactment of this Act, and in 
accordance with the provisions of this title and all other applicable 
law, shall convey to the Community any or all rights and interests of 
the United States in and to the irrigation works on the Community's 
reservation which were formerly operated by the Bureau of Indian 
Affairs. Notwithstanding the provisions of sections 1 and 3 of the Act 
of April 4, 1910 (25 U.S.C. 385) and sections 1, 2, and 3 of the Act of 
August 7, 1946 (25 U.S.C. 385a, 385b, and 385c) and any implementing 
regulations, during the period between the date of the enactment of 
this Act and the conveyance of the irrigation works by the United 
States to the Community, the Community shall operate the irrigation 
works under the provisions set forth in this title and in accordance 
with the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.), including retaining and expending operations and 
maintenance collections for irrigation works purposes. Effective upon 
the date of conveyance of the irrigation works, the Community shall 
have the full ownership of and operating authority over the irrigation 
works in accordance with the provisions of this title.
    (b) Fulfillment of Federal Trust Responsibilities.--To assure 
compliance with the Federal trust responsibilities of the United States 
to Indian tribes, individual Indians and Indians with trust allotments, 
including such trust responsibilities contained in Salt River Pima-
Maricopa Indian Community Water Rights Settlement Act of 1988 (Public 
Law 100-512), the Community shall operate the irrigation works 
consistent with this title and under uniform laws and regulations 
adopted by the Community for the management, regulation, and control of 
water resources on the reservation so as to assure fairness in the 
delivery of water to water users. Such Community laws and regulations 
include currently and shall continue to include provisions to maintain 
the following requirements and standards which shall be published and 
made available to the Secretary and the Community at large:
            (1) Process.--A process by which members of the Community, 
        including Indian allottees, shall be provided a system of 
        distribution, allocation, control, pricing and regulation of 
        water that will provide a just and equitable distribution of 
        water so as to achieve the maximum beneficial use and 
        conservation of water in recognition of the demand on the water 
        resource, the changing uses of land and water and the varying 
        annual quantity of available Community water.
            (2) Due process.--A due process system for the 
        consideration and determination of any request by an Indian or 
        Indian allottee for distribution of water for use on his or her 
        land, including a process for appeal and adjudication of denied 
        or disputed distributions and for resolution of contested 
        administrative decisions.
    (c) Subsequent Modification of Laws and Regulations.--If the 
provisions of the Community's laws and regulations implementing 
subsection (b) only are to be modified subsequent to the date of the 
enactment of this Act by the Community, such proposed modifications 
shall be published and made available to the Secretary at least 120 
days prior to their effective date and any modification that could 
significantly adversely affect the rights of allottees shall only 
become effective upon the concurrence of both the Community and the 
Secretary.
    (d) Limitations of Liability.--Effective upon the date of the 
enactment of this Act, the United States shall not be liable for 
damages of any kind arising out of any act, omission, or occurrence 
based on the Community's ownership or operation of the irrigation 
works, except for damages caused by acts of negligence committed by the 
United States prior to the date of the enactment of this Act. Nothing 
in this section shall be deemed to increase the liability of the United 
States beyond that currently provided in the Federal Tort Claims Act 
(28 U.S.C. 2671 et seq.).
    (e) Cancellation of Charges.--Effective upon the date of conveyance 
of the irrigation works under this section, any charges for 
construction of the irrigation works on the reservation of the 
Community that have been deferred pursuant to the Act of July 1, 1932 
(25 U.S.C. 386a) are hereby canceled.
    (f) Project No Longer a BIA Project.--Effective upon the date of 
conveyance of the irrigation works under this section, the irrigation 
works shall no longer be considered a Bureau of Indian Affairs 
irrigation project and the facilities will not be eligible for Federal 
benefits based solely on the fact that the irrigation works were 
formerly a Bureau of Indian Affairs irrigation project. Nothing in this 
title shall be construed to limit or reduce in any way the service, 
contracts, or funds the Community may be eligible to receive under 
other applicable Federal law.

SEC. 103. RELATIONSHIP TO OTHER LAWS.

    Nothing in this title shall be construed to diminish the trust 
responsibility of the United States under applicable law to the Salt 
River Pima-Maricopa Indian Community, to individual Indians, or to 
Indians with trust allotments within the Community's reservation.

              TITLE II--NATIVE HAWAIIAN HOUSING ASSISTANCE

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Hawaiian Homelands Homeownership 
Act of 2000''.

SEC. 202. FINDINGS.

    Congress finds that--
            (1) the United States has undertaken a responsibility to 
        promote the general welfare of the United States by--
                    (A) employing its resources to remedy the unsafe 
                and unsanitary housing conditions and the acute 
                shortage of decent, safe, and sanitary dwellings for 
                families of lower income; and
                    (B) developing effective partnerships with 
                governmental and private entities to accomplish the 
                objectives referred to in subparagraph (A);
            (2) the United States has a special responsibility for the 
        welfare of the Native peoples of the United States, including 
        Native Hawaiians;
            (3) pursuant to the provisions of the Hawaiian Homes 
        Commission Act, 1920 (42 Stat. 108 et seq.), the United States 
        set aside 200,000 acres of land in the Federal territory that 
        later became the State of Hawaii in order to establish a 
        homeland for the native people of Hawaii--Native Hawaiians;
            (4) despite the intent of Congress in 1920 to address the 
        housing needs of Native Hawaiians through the enactment of the 
        Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.), 
        Native Hawaiians eligible to reside on the Hawaiian home lands 
        have been foreclosed from participating in Federal housing 
        assistance programs available to all other eligible families in 
        the United States;
            (5) although Federal housing assistance programs have been 
        administered on a racially neutral basis in the State of 
        Hawaii, Native Hawaiians continue to have the greatest unmet 
        need for housing and the highest rates of overcrowding in the 
        United States;
            (6) among the Native American population of the United 
        States, Native Hawaiians experience the highest percentage of 
        housing problems in the United States, as the percentage--
                    (A) of housing problems in the Native Hawaiian 
                population is 49 percent, as compared to--
                            (i) 44 percent for American Indian and 
                        Alaska Native households in Indian country; and
                            (ii) 27 percent for all other households in 
                        the United States; and
                    (B) overcrowding in the Native Hawaiian population 
                is 36 percent as compared to 3 percent for all other 
                households in the United States;
            (7) among the Native Hawaiian population, the needs of 
        Native Hawaiians, as that term is defined in section 801 of the 
        Native American Housing Assistance and Self-Determination Act 
        of 1996, as added by section 203 of this Act, eligible to 
        reside on the Hawaiian Home Lands are the most severe, as--
                    (A) the percentage of overcrowding in Native 
                Hawaiian households on the Hawaiian Home Lands is 36 
                percent; and
                    (B) approximately 13,000 Native Hawaiians, which 
                constitute 95 percent of the Native Hawaiians who are 
                eligible to reside on the Hawaiian Home Lands, are in 
                need of housing;
            (8) applying the Department of Housing and Urban 
        Development guidelines--
                    (A) 70.8 percent of Native Hawaiians who either 
                reside or who are eligible to reside on the Hawaiian 
                Home Lands have incomes that fall below the median 
                family income; and
                    (B) 50 percent of Native Hawaiians who either 
                reside or who are eligible to reside on the Hawaiian 
                Home Lands have incomes below 30 percent of the median 
                family income;
            (9) \1/3\ of those Native Hawaiians who are eligible to 
        reside on the Hawaiian Home Lands pay more than 30 percent of 
        their income for shelter, and \1/2\ of those Native Hawaiians 
        face overcrowding;
            (10) the extraordinarily severe housing needs of Native 
        Hawaiians demonstrate that Native Hawaiians who either reside 
        on, or are eligible to reside on, Hawaiian Home Lands have been 
        denied equal access to Federal low-income housing assistance 
        programs available to other qualified residents of the United 
        States, and that a more effective means of addressing their 
        housing needs must be authorized;
            (11) consistent with the recommendations of the National 
        Commission on American Indian, Alaska Native, and Native 
        Hawaiian Housing, and in order to address the continuing 
        prevalence of extraordinarily severe housing needs among Native 
        Hawaiians who either reside or are eligible to reside on the 
        Hawaiian Home Lands, Congress finds it necessary to extend the 
        Federal low-income housing assistance available to American 
        Indians and Alaska Natives under the Native American Housing 
        Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 
        et seq.) to those Native Hawaiians;
            (12) under the treatymaking power of the United States, 
        Congress had the constitutional authority to confirm a treaty 
        between the United States and the government that represented 
        the Hawaiian people, and from 1826 until 1893, the United 
        States recognized the independence of the Kingdom of Hawaii, 
        extended full diplomatic recognition to the Hawaiian 
        Government, and entered into treaties and conventions with the 
        Hawaiian monarchs to govern commerce and navigation in 1826, 
        1842, 1849, 1875, and 1887;
            (13) the United States has recognized and reaffirmed that--
                    (A) Native Hawaiians have a cultural, historic, and 
                land-based link to the indigenous people who exercised 
                sovereignty over the Hawaiian Islands, and that group 
                has never relinquished its claims to sovereignty or its 
                sovereign lands;
                    (B) Congress does not extend services to Native 
                Hawaiians because of their race, but because of their 
                unique status as the indigenous people of a once 
                sovereign nation as to whom the United States has 
                established a trust relationship;
                    (C) Congress has also delegated broad authority to 
                administer a portion of the Federal trust 
                responsibility to the State of Hawaii;
                    (D) the political status of Native Hawaiians is 
                comparable to that of American Indians; and
                    (E) the aboriginal, indigenous people of the United 
                States have--
                            (i) a continuing right to autonomy in their 
                        internal affairs; and
                            (ii) an ongoing right of self-determination 
                        and self-governance that has never been 
                        extinguished;
            (14) the political relationship between the United States 
        and the Native Hawaiian people has been recognized and 
        reaffirmed by the United States as evidenced by the inclusion 
        of Native Hawaiians in--
                    (A) the Native American Programs Act of 1974 (42 
                U.S.C. 2291 et seq.);
                    (B) the American Indian Religious Freedom Act (42 
                U.S.C. 1996 et seq.);
                    (C) the National Museum of the American Indian Act 
                (20 U.S.C. 80q et seq.);
                    (D) the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.);
                    (E) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.);
                    (F) the Native American Languages Act of 1992 (106 
                Stat. 3434);
                    (G) the American Indian, Alaska Native and Native 
                Hawaiian Culture and Arts Development Act (20 U.S.C. 
                4401 et seq.);
                    (H) the Job Training Partnership Act (29 U.S.C. 
                1501 et seq.); and
                    (I) the Older Americans Act of 1965 (42 U.S.C. 3001 
                et seq.); and
            (15) in the area of housing, the United States has 
        recognized and reaffirmed the political relationship with the 
        Native Hawaiian people through--
                    (A) the enactment of the Hawaiian Homes Commission 
                Act, 1920 (42 Stat. 108 et seq.), which set aside 
                approximately 200,000 acres of public lands that became 
                known as Hawaiian Home Lands in the Territory of Hawaii 
                that had been ceded to the United States for 
                homesteading by Native Hawaiians in order to 
                rehabilitate a landless and dying people;
                    (B) the enactment of the Act entitled ``An Act to 
                provide for the admission of the State of Hawaii into 
                the Union'', approved March 18, 1959 (73 Stat. 4)--
                            (i) by ceding to the State of Hawaii title 
                        to the public lands formerly held by the United 
                        States, and mandating that those lands be held 
                        in public trust, for the betterment of the 
                        conditions of Native Hawaiians, as that term is 
                        defined in section 201 of the Hawaiian Homes 
                        Commission Act, 1920 (42 Stat. 108 et seq.); 
                        and
                            (ii) by transferring the United States 
                        responsibility for the administration of 
                        Hawaiian Home Lands to the State of Hawaii, but 
                        retaining the authority to enforce the trust, 
                        including the exclusive right of the United 
                        States to consent to any actions affecting the 
                        lands which comprise the corpus of the trust 
                        and any amendments to the Hawaiian Homes 
                        Commission Act, 1920 (42 Stat. 108 et seq.), 
                        enacted by the legislature of the State of 
                        Hawaii affecting the rights of beneficiaries 
                        under the Act;
                    (C) the authorization of mortgage loans insured by 
                the Federal Housing Administration for the purchase, 
                construction, or refinancing of homes on Hawaiian Home 
                Lands under the Act of June 27, 1934 (commonly referred 
                to as the ``National Housing Act'' (42 Stat. 1246 et 
                seq., chapter 847; 12 U.S.C. 1701 et seq.));
                    (D) authorizing Native Hawaiian representation on 
                the National Commission on American Indian, Alaska 
                Native, and Native Hawaiian Housing under Public Law 
                101-235;
                    (E) the inclusion of Native Hawaiians in the 
                definition under section 3764 of title 38, United 
                States Code, applicable to subchapter V of chapter 37 
                of title 38, United States Code (relating to a housing 
                loan program for Native American veterans); and
                    (F) the enactment of the Hawaiian Home Lands 
                Recovery Act (109 Stat. 357; 48 U.S.C. 491, note prec.) 
                which establishes a process for the conveyance of 
                Federal lands to the Department of Hawaiian Homes Lands 
                that are equivalent in value to lands acquired by the 
                United States from the Hawaiian Home Lands inventory.

SEC. 203. HOUSING ASSISTANCE.

    The Native American Housing Assistance and Self-Determination Act 
of 1996 (25 U.S.C. 4101 et seq.) is amended by adding at the end the 
following:

         ``TITLE VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

``SEC. 801. DEFINITIONS.

    ``In this title:
            ``(1) Department of hawaiian home lands; department.--The 
        term `Department of Hawaiian Home Lands' or `Department' means 
        the agency or department of the government of the State of 
        Hawaii that is responsible for the administration of the 
        Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.).
            ``(2) Director.--The term `Director' means the Director of 
        the Department of Hawaiian Home Lands.
            ``(3) Elderly families; near-elderly families.--
                    ``(A) In general.--The term `elderly family' or 
                `near-elderly family' means a family whose head (or his 
                or her spouse), or whose sole member, is--
                            ``(i) for an elderly family, an elderly 
                        person; or
                            ``(ii) for a near-elderly family, a near-
                        elderly person.
                    ``(B) Certain families included.--The term `elderly 
                family' or `near-elderly family' includes--
                            ``(i) 2 or more elderly persons or near-
                        elderly persons, as the case may be, living 
                        together; and
                            ``(ii) 1 or more persons described in 
                        clause (i) living with 1 or more persons 
                        determined under the housing plan to be 
                        essential to their care or well-being.
            ``(4) Hawaiian home lands.--The term `Hawaiian Home Lands' 
        means lands that--
                    ``(A) have the status as Hawaiian home lands under 
                section 204 of the Hawaiian Homes Commission Act (42 
                Stat. 110); or
                    ``(B) are acquired pursuant to that Act.
            ``(5) Housing area.--The term `housing area' means an area 
        of Hawaiian Home Lands with respect to which the Department of 
        Hawaiian Home Lands is authorized to provide assistance for 
        affordable housing under this Act.
            ``(6) Housing entity.--The term `housing entity' means the 
        Department of Hawaiian Home Lands.
            ``(7) Housing plan.--The term `housing plan' means a plan 
        developed by the Department of Hawaiian Home Lands.
            ``(8) Median income.--The term `median income' means, with 
        respect to an area that is a Hawaiian housing area, the greater 
        of--
                    ``(A) the median income for the Hawaiian housing 
                area, which shall be determined by the Secretary; or
                    ``(B) the median income for the State of Hawaii.
            ``(9) Native hawaiian.--The term `Native Hawaiian' means 
        any individual who is--
                    ``(A) a citizen of the United States; and
                    ``(B) a descendant of the aboriginal people, who, 
                prior to 1778, occupied and exercised sovereignty in 
                the area that currently constitutes the State of 
                Hawaii, as evidenced by--
                            ``(i) genealogical records;
                            ``(ii) verification by kupuna (elders) or 
                        kama'aina (long-term community residents); or
                            ``(iii) birth records of the State of 
                        Hawaii.

``SEC. 802. BLOCK GRANTS FOR AFFORDABLE HOUSING 
              ACTIVITIES.

    ``(a) Grant Authority.--For each fiscal year, the Secretary shall 
(to the extent amounts are made available to carry out this title) make 
a grant under this title to the Department of Hawaiian Home Lands to 
carry out affordable housing activities for Native Hawaiian families 
who are eligible to reside on the Hawaiian Home Lands.
    ``(b) Plan Requirement.--
            ``(1) In general.--The Secretary may make a grant under 
        this title to the Department of Hawaiian Home Lands for a 
        fiscal year only if--
                    ``(A) the Director has submitted to the Secretary a 
                housing plan for that fiscal year; and
                    ``(B) the Secretary has determined under section 
                804 that the housing plan complies with the 
                requirements of section 803.
            ``(2) Waiver.--The Secretary may waive the applicability of 
        the requirements under paragraph (1), in part, if the Secretary 
        finds that the Department of Hawaiian Home Lands has not 
        complied or cannot comply with those requirements due to 
        circumstances beyond the control of the Department of Hawaiian 
        Home Lands.
    ``(c) Use of Affordable Housing Activities Under Plan.--Except as 
provided in subsection (e), amounts provided under a grant under this 
section may be used only for affordable housing activities under this 
title that are consistent with a housing plan approved under section 
804.
    ``(d) Administrative Expenses.--
            ``(1) In general.--The Secretary shall, by regulation, 
        authorize the Department of Hawaiian Home Lands to use a 
        percentage of any grant amounts received under this title for 
        any reasonable administrative and planning expenses of the 
        Department relating to carrying out this title and activities 
        assisted with those amounts.
            ``(2) Administrative and planning expenses.--The 
        administrative and planning expenses referred to in paragraph 
        (1) include--
                    ``(A) costs for salaries of individuals engaged in 
                administering and managing affordable housing 
                activities assisted with grant amounts provided under 
                this title; and
                    ``(B) expenses incurred in preparing a housing plan 
                under section 803.
    ``(e) Public-Private Partnerships.--The Director shall make all 
reasonable efforts, consistent with the purposes of this title, to 
maximize participation by the private sector, including nonprofit 
organizations and for-profit entities, in implementing a housing plan 
that has been approved by the Secretary under section 803.

``SEC. 803. HOUSING PLAN.

    ``(a) Plan Submission.--The Secretary shall--
            ``(1) require the Director to submit a housing plan under 
        this section for each fiscal year; and
            ``(2) provide for the review of each plan submitted under 
        paragraph (1).
    ``(b) 5-Year Plan.--Each housing plan under this section shall--
            ``(1) be in a form prescribed by the Secretary; and
            ``(2) contain, with respect to the 5-year period beginning 
        with the fiscal year for which the plan is submitted, the 
        following information:
                    ``(A) Mission statement.--A general statement of 
                the mission of the Department of Hawaiian Home Lands to 
                serve the needs of the low-income families to be served 
                by the Department.
                    ``(B) Goal and objectives.--A statement of the 
                goals and objectives of the Department of Hawaiian Home 
                Lands to enable the Department to serve the needs 
                identified in subparagraph (A) during the period.
                    ``(C) Activities plans.--An overview of the 
                activities planned during the period including an 
                analysis of the manner in which the activities will 
                enable the Department to meet its mission, goals, and 
                objectives.
    ``(c) 1-Year Plan.--A housing plan under this section shall--
            ``(1) be in a form prescribed by the Secretary; and
            ``(2) contain the following information relating to the 
        fiscal year for which the assistance under this title is to be 
        made available:
                    ``(A) Goals and objectives.--A statement of the 
                goals and objectives to be accomplished during the 
                period covered by the plan.
                    ``(B) Statement of needs.--A statement of the 
                housing needs of the low-income families served by the 
                Department and the means by which those needs will be 
                addressed during the period covered by the plan, 
                including--
                            ``(i) a description of the estimated 
                        housing needs and the need for assistance for 
                        the low-income families to be served by the 
                        Department, including a description of the 
                        manner in which the geographical distribution 
                        of assistance is consistent with--
                                    ``(I) the geographical needs of 
                                those families; and
                                    ``(II) needs for various categories 
                                of housing assistance; and
                            ``(ii) a description of the estimated 
                        housing needs for all families to be served by 
                        the Department.
                    ``(C) Financial resources.--An operating budget for 
                the Department of Hawaiian Home Lands, in a form 
                prescribed by the Secretary, that includes--
                            ``(i) an identification and a description 
                        of the financial resources reasonably available 
                        to the Department to carry out the purposes of 
                        this title, including an explanation of the 
                        manner in which amounts made available will be 
                        used to leverage additional resources; and
                            ``(ii) the uses to which the resources 
                        described in clause (i) will be committed, 
                        including--
                                    ``(I) eligible and required 
                                affordable housing activities; and
                                    ``(II) administrative expenses.
                    ``(D) Affordable housing resources.--A statement of 
                the affordable housing resources currently available at 
                the time of the submittal of the plan and to be made 
                available during the period covered by the plan, 
                including--
                            ``(i) a description of the significant 
                        characteristics of the housing market in the 
                        State of Hawaii, including the availability of 
                        housing from other public sources, private 
                        market housing;
                            ``(ii) the manner in which the 
                        characteristics referred to in clause (i) 
                        influence the decision of the Department of 
                        Hawaiian Home Lands to use grant amounts to be 
                        provided under this title for--
                                    ``(I) rental assistance;
                                    ``(II) the production of new units;
                                    ``(III) the acquisition of existing 
                                units; or
                                    ``(IV) the rehabilitation of units;
                            ``(iii) a description of the structure, 
                        coordination, and means of cooperation between 
                        the Department of Hawaiian Home Lands and any 
                        other governmental entities in the development, 
                        submission, or implementation of housing plans, 
                        including a description of--
                                    ``(I) the involvement of private, 
                                public, and nonprofit organizations and 
                                institutions;
                                    ``(II) the use of loan guarantees 
                                under section 184A of the Housing and 
                                Community Development Act of 1992; and
                                    ``(III) other housing assistance 
                                provided by the United States, 
                                including loans, grants, and mortgage 
                                insurance;
                            ``(iv) a description of the manner in which 
                        the plan will address the needs identified 
                        pursuant to subparagraph (C);
                            ``(v) a description of--
                                    ``(I) any existing or anticipated 
                                homeownership programs and rental 
                                programs to be carried out during the 
                                period covered by the plan; and
                                    ``(II) the requirements and 
                                assistance available under the programs 
                                referred to in subclause (I);
                            ``(vi) a description of--
                                    ``(I) any existing or anticipated 
                                housing rehabilitation programs 
                                necessary to ensure the long-term 
                                viability of the housing to be carried 
                                out during the period covered by the 
                                plan; and
                                    ``(II) the requirements and 
                                assistance available under the programs 
                                referred to in subclause (I);
                            ``(vii) a description of--
                                    ``(I) all other existing or 
                                anticipated housing assistance provided 
                                by the Department of Hawaiian Home 
                                Lands during the period covered by the 
                                plan, including--
                                            ``(aa) transitional 
                                        housing;
                                            ``(bb) homeless housing;
                                            ``(cc) college housing; and
                                            ``(dd) supportive services 
                                        housing; and
                                    ``(II) the requirements and 
                                assistance available under such 
                                programs;
                            ``(viii)(I) a description of any housing to 
                        be demolished or disposed of;
                            ``(II) a timetable for that demolition or 
                        disposition; and
                            ``(III) any other information required by 
                        the Secretary with respect to that demolition 
                        or disposition;
                            ``(ix) a description of the manner in which 
                        the Department of Hawaiian Home Lands will 
                        coordinate with welfare agencies in the State 
                        of Hawaii to ensure that residents of the 
                        affordable housing will be provided with access 
                        to resources to assist in obtaining employment 
                        and achieving self-sufficiency;
                            ``(x) a description of the requirements 
                        established by the Department of Hawaiian Home 
                        Lands to--
                                    ``(I) promote the safety of 
                                residents of the affordable housing;
                                    ``(II) facilitate the undertaking 
                                of crime prevention measures;
                                    ``(III) allow resident input and 
                                involvement, including the 
                                establishment of resident 
                                organizations; and
                                    ``(IV) allow for the coordination 
                                of crime prevention activities between 
                                the Department and local law 
                                enforcement officials; and
                            ``(xi) a description of the entities that 
                        will carry out the activities under the plan, 
                        including the organizational capacity and key 
                        personnel of the entities.
                    ``(E) Certification of compliance.--Evidence of 
                compliance that shall include, as appropriate--
                            ``(i) a certification that the Department 
                        of Hawaiian Home Lands will comply with--
                                    ``(I) title VI of the Civil Rights 
                                Act of 1964 (42 U.S.C. 2000d et seq.) 
                                or with title VIII of the Act popularly 
                                known as the `Civil Rights Act of 1968' 
                                (42 U.S.C. 3601 et seq.) in carrying 
                                out this title, to the extent that such 
                                title is applicable; and
                                    ``(II) other applicable Federal 
                                statutes;
                            ``(ii) a certification that the Department 
                        will require adequate insurance coverage for 
                        housing units that are owned and operated or 
                        assisted with grant amounts provided under this 
                        title, in compliance with such requirements as 
                        may be established by the Secretary;
                            ``(iii) a certification that policies are 
                        in effect and are available for review by the 
                        Secretary and the public governing the 
                        eligibility, admission, and occupancy of 
                        families for housing assisted with grant 
                        amounts provided under this title;
                            ``(iv) a certification that policies are in 
                        effect and are available for review by the 
                        Secretary and the public governing rents 
                        charged, including the methods by which such 
                        rents or homebuyer payments are determined, for 
                        housing assisted with grant amounts provided 
                        under this title; and
                            ``(v) a certification that policies are in 
                        effect and are available for review by the 
                        Secretary and the public governing the 
                        management and maintenance of housing assisted 
                        with grant amounts provided under this title.
    ``(d) Applicability of Civil Rights Statutes.--
            ``(1) In general.--To the extent that the requirements of 
        title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
        seq.) or of title VIII of the Act popularly known as the `Civil 
        Rights Act of 1968' (42 U.S.C. 3601 et seq.) apply to 
        assistance provided under this title, nothing in the 
        requirements concerning discrimination on the basis of race 
        shall be construed to prevent the provision of assistance under 
        this title--
                    ``(A) to the Department of Hawaiian Home Lands on 
                the basis that the Department served Native Hawaiians; 
                or
                    ``(B) to an eligible family on the basis that the 
                family is a Native Hawaiian family.
            ``(2) Civil rights.--Program eligibility under this title 
        may be restricted to Native Hawaiians. Subject to the preceding 
        sentence, no person may be discriminated against on the basis 
        of race, color, national origin, religion, sex, familial 
        status, or disability.
    ``(e) Use of Nonprofit Organizations.--As a condition of receiving 
grant amounts under this title, the Department of Hawaiian Home Lands 
shall, to the extent practicable, provide for private nonprofit 
organizations experienced in the planning and development of affordable 
housing for Native Hawaiians to carry out affordable housing activities 
with those grant amounts.

``SEC. 804. REVIEW OF PLANS.

    ``(a) Review and Notice.--
            ``(1) Review.--
                    ``(A) In general.--The Secretary shall conduct a 
                review of a housing plan submitted to the Secretary 
                under section 803 to ensure that the plan complies with 
                the requirements of that section.
                    ``(B) Limitation.--The Secretary shall have the 
                discretion to review a plan referred to in subparagraph 
                (A) only to the extent that the Secretary considers 
                that the review is necessary.
            ``(2) Notice.--
                    ``(A) In general.--Not later than 60 days after 
                receiving a plan under section 803, the Secretary shall 
                notify the Director of the Department of Hawaiian Home 
                Lands whether the plan complies with the requirements 
                under that section.
                    ``(B) Effect of failure of secretary to take 
                action.--For purposes of this title, if the Secretary 
                does not notify the Director, as required under this 
                subsection and subsection (b), upon the expiration of 
                the 60-day period described in subparagraph (A)--
                            ``(i) the plan shall be considered to have 
                        been determined to comply with the requirements 
                        under section 803; and
                            ``(ii) the Director shall be considered to 
                        have been notified of compliance.
    ``(b) Notice of Reasons for Determination of Noncompliance.--If the 
Secretary determines that a plan submitted under section 803 does not 
comply with the requirements of that section, the Secretary shall 
specify in the notice under subsection (a)--
            ``(1) the reasons for noncompliance; and
            ``(2) any modifications necessary for the plan to meet the 
        requirements of section 803.
    ``(c) Review.--
            ``(1) In general.--After the Director submits a housing 
        plan under section 803, or any amendment or modification to the 
        plan to the Secretary, to the extent that the Secretary 
        considers such action to be necessary to make a determination 
        under this subsection, the Secretary shall review the plan 
        (including any amendments or modifications thereto) to 
        determine whether the contents of the plan--
                    ``(A) set forth the information required by section 
                803 to be contained in the housing plan;
                    ``(B) are consistent with information and data 
                available to the Secretary; and
                    ``(C) are not prohibited by or inconsistent with 
                any provision of this Act or any other applicable law.
            ``(2) Incomplete plans.--If the Secretary determines under 
        this subsection that any of the appropriate certifications 
        required under section 803(c)(2)(E) are not included in a plan, 
        the plan shall be considered to be incomplete.
    ``(d) Updates to Plan.--
            ``(1) In general.--Subject to paragraph (2), after a plan 
        under section 803 has been submitted for a fiscal year, the 
        Director of the Department of Hawaiian Home Lands may comply 
        with the provisions of that section for any succeeding fiscal 
        year (with respect to information included for the 5-year 
        period under section 803(b) or for the 1-year period under 
        section 803(c)) by submitting only such information regarding 
        such changes as may be necessary to update the plan previously 
        submitted.
            ``(2) Complete plans.--The Director shall submit a complete 
        plan under section 803 not later than 4 years after submitting 
        an initial plan under that section, and not less frequently 
        than every 4 years thereafter.
    ``(e) Effective Date.--This section and section 803 shall take 
effect on the date provided by the Secretary pursuant to section 807(a) 
to provide for timely submission and review of the housing plan as 
necessary for the provision of assistance under this title for fiscal 
year 2000.

``SEC. 805. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.

    ``(a) Program Income.--
            ``(1) Authority to retain.--The Department of Hawaiian Home 
        Lands may retain any program income that is realized from any 
        grant amounts received by the Department under this title if--
                    ``(A) that income was realized after the initial 
                disbursement of the grant amounts received by the 
                Department; and
                    ``(B) the Director agrees to use the program income 
                for affordable housing activities in accordance with 
                the provisions of this title.
            ``(2) Prohibition of reduction of grant.--The Secretary may 
        not reduce the grant amount for the Department of Hawaiian Home 
        Lands based solely on--
                    ``(A) whether the Department retains program income 
                under paragraph (1); or
                    ``(B) the amount of any such program income 
                retained.
            ``(3) Exclusion of amounts.--The Secretary may, by 
        regulation, exclude from consideration as program income any 
        amounts determined to be so small that compliance with the 
        requirements of this subsection would create an unreasonable 
        administrative burden on the Department.
    ``(b) Labor Standards.--
            ``(1) In general.--Any contract or agreement for 
        assistance, sale, or lease pursuant to this title shall 
        contain--
                    ``(A) a provision requiring that an amount not less 
                than the wages prevailing in the locality, as 
                determined or adopted (subsequent to a determination 
                under applicable State or local law) by the Secretary, 
                shall be paid to all architects, technical engineers, 
                draftsmen, technicians employed in the development and 
                all maintenance, and laborers and mechanics employed in 
                the operation, of the affordable housing project 
                involved; and
                    ``(B) a provision that an amount not less than the 
                wages prevailing in the locality, as predetermined by 
                the Secretary of Labor pursuant to the Act commonly 
                known as the `Davis-Bacon Act' (46 Stat. 1494, chapter 
                411; 40 U.S.C. 276a et seq.) shall be paid to all 
                laborers and mechanics employed in the development of 
                the affordable housing involved.
            ``(2) Exceptions.--Paragraph (1) and provisions relating to 
        wages required under paragraph (1) in any contract or agreement 
        for assistance, sale, or lease under this title, shall not 
        apply to any individual who performs the services for which the 
        individual volunteered and who is not otherwise employed at any 
        time in the construction work and received no compensation or 
        is paid expenses, reasonable benefits, or a nominal fee for 
        those services.

``SEC. 806. ENVIRONMENTAL REVIEW.

    ``(a) In General.--
            ``(1) Release of funds.--
                    ``(A) In general.--The Secretary may carry out the 
                alternative environmental protection procedures 
                described in subparagraph (B) in order to ensure--
                            ``(i) that the policies of the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.) and other provisions of law that 
                        further the purposes of such Act (as specified 
                        in regulations issued by the Secretary) are 
                        most effectively implemented in connection with 
                        the expenditure of grant amounts provided under 
                        this title; and
                            ``(ii) to the public undiminished 
                        protection of the environment.
                    ``(B) Alternative environmental protection 
                procedure.--In lieu of applying environmental 
                protection procedures otherwise applicable, the 
                Secretary may by regulation provide for the release of 
                funds for specific projects to the Department of 
                Hawaiian Home Lands if the Director assumes all of the 
                responsibilities for environmental review, 
                decisionmaking, and action under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.), and such other provisions of law as the 
                regulations of the Secretary specify, that would apply 
                to the Secretary were the Secretary to undertake those 
                projects as Federal projects.
            ``(2) Regulations.--
                    ``(A) In general.--The Secretary shall issue 
                regulations to carry out this section only after 
                consultation with the Council on Environmental Quality.
                    ``(B) Contents.--The regulations issued under this 
                paragraph shall--
                            ``(i) provide for the monitoring of the 
                        environmental reviews performed under this 
                        section;
                            ``(ii) in the discretion of the Secretary, 
                        facilitate training for the performance of such 
                        reviews; and
                            ``(iii) provide for the suspension or 
                        termination of the assumption of 
                        responsibilities under this section.
            ``(3) Effect on assumed responsibility.--The duty of the 
        Secretary under paragraph (2)(B) shall not be construed to 
        limit or reduce any responsibility assumed by the Department of 
        Hawaiian Home Lands for grant amounts with respect to any 
        specific release of funds.
    ``(b) Procedure.--
            ``(1) In general.--The Secretary shall authorize the 
        release of funds subject to the procedures under this section 
        only if, not less than 15 days before that approval and before 
        any commitment of funds to such projects, the Director of the 
        Department of Hawaiian Home Lands submits to the Secretary a 
        request for such release accompanied by a certification that 
        meets the requirements of subsection (c).
            ``(2) Effect of approval.--The approval of the Secretary of 
        a certification described in paragraph (1) shall be deemed to 
        satisfy the responsibilities of the Secretary under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) and such other provisions of law as the regulations of 
        the Secretary specify to the extent that those responsibilities 
        relate to the releases of funds for projects that are covered 
        by that certification.
    ``(c) Certification.--A certification under the procedures under 
this section shall--
            ``(1) be in a form acceptable to the Secretary;
            ``(2) be executed by the Director;
            ``(3) specify that the Department of Hawaiian Home Lands 
        has fully carried out its responsibilities as described under 
        subsection (a); and
            ``(4) specify that the Director--
                    ``(A) consents to assume the status of a 
                responsible Federal official under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) and each provision of law specified in 
                regulations issued by the Secretary to the extent that 
                those laws apply by reason of subsection (a); and
                    ``(B) is authorized and consents on behalf of the 
                Department of Hawaiian Home Lands and the Director to 
                accept the jurisdiction of the Federal courts for the 
                purpose of enforcement of the responsibilities of the 
                Director.

``SEC. 807. REGULATIONS.

    ``The Secretary shall issue final regulations necessary to carry 
out this title not later than October 1, 2000.

``SEC. 808. EFFECTIVE DATE.

    ``Except as otherwise expressly provided in this title, this title 
shall take effect on the date of enactment of the Native American 
Housing Assistance and Self-Determination Amendments of 2000.

``SEC. 809. AFFORDABLE HOUSING ACTIVITIES.

    ``(a) National Objectives and Eligible Families.--
            ``(1) Primary objective.--The national objectives of this 
        title are--
                    ``(A) to assist and promote affordable housing 
                activities to develop, maintain, and operate affordable 
                housing in safe and healthy environments for occupancy 
                by low-income Native Hawaiian families;
                    ``(B) to ensure better access to private mortgage 
                markets and to promote self-sufficiency of low-income 
                Native Hawaiian families;
                    ``(C) to coordinate activities to provide housing 
                for low-income Native Hawaiian families with Federal, 
                State and local activities to further economic and 
                community development;
                    ``(D) to plan for and integrate infrastructure 
                resources on the Hawaiian Home Lands with housing 
                development; and
                    ``(E) to--
                            ``(i) promote the development of private 
                        capital markets; and
                            ``(ii) allow the markets referred to in 
                        clause (i) to operate and grow, thereby 
                        benefiting Native Hawaiian communities.
            ``(2) Eligible families.--
                    ``(A) In general.--Except as provided under 
                subparagraph (B), assistance for eligible housing 
                activities under this title shall be limited to low-
                income Native Hawaiian families.
                    ``(B) Exception to low-income requirement.--
                            ``(i) In general.--The Director may provide 
                        assistance for homeownership activities under--
                                    ``(I) section 810(b);
                                    ``(II) model activities under 
                                section 810(f); or
                                    ``(III) loan guarantee activities 
                                under section 184A of the Housing and 
                                Community Development Act of 1992 to 
                                Native Hawaiian families who are not 
                                low-income families, to the extent that 
                                the Secretary approves the activities 
                                under that section to address a need 
                                for housing for those families that 
                                cannot be reasonably met without that 
                                assistance.
                            ``(ii) Limitations.--The Secretary shall 
                        establish limitations on the amount of 
                        assistance that may be provided under this 
                        title for activities for families that are not 
                        low-income families.
                    ``(C) Other families.--Notwithstanding paragraph 
                (1), the Director may provide housing or housing 
                assistance provided through affordable housing 
                activities assisted with grant amounts under this title 
                to a family that is not composed of Native Hawaiians 
                if--
                            ``(i) the Department determines that the 
                        presence of the family in the housing involved 
                        is essential to the well-being of Native 
                        Hawaiian families; and
                            ``(ii) the need for housing for the family 
                        cannot be reasonably met without the 
                        assistance.
                    ``(D) Preference.--
                            ``(i) In general.--A housing plan submitted 
                        under section 803 may authorize a preference, 
                        for housing or housing assistance provided 
                        through affordable housing activities assisted 
                        with grant amounts provided under this title to 
                        be provided, to the extent practicable, to 
                        families that are eligible to reside on the 
                        Hawaiian Home Lands.
                            ``(ii) Application.--In any case in which a 
                        housing plan provides for preference described 
                        in clause (i), the Director shall ensure that 
                        housing activities that are assisted with grant 
                        amounts under this title are subject to that 
                        preference.
                    ``(E) Use of nonprofit organizations.--As a 
                condition of receiving grant amounts under this title, 
                the Department of Hawaiian Home Lands, shall to the 
                extent practicable, provide for private nonprofit 
                organizations experienced in the planning and 
                development of affordable housing for Native Hawaiians 
                to carry out affordable housing activities with those 
                grant amounts.

``SEC. 810. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.

    ``(a) In General.--Affordable housing activities under this section 
are activities conducted in accordance with the requirements of section 
811 to--
            ``(1) develop or to support affordable housing for rental 
        or homeownership; or
            ``(2) provide housing services with respect to affordable 
        housing, through the activities described in subsection (b).
    ``(b) Activities.--The activities described in this subsection are 
the following:
            ``(1) Development.--The acquisition, new construction, 
        reconstruction, or moderate or substantial rehabilitation of 
        affordable housing, which may include--
                    ``(A) real property acquisition;
                    ``(B) site improvement;
                    ``(C) the development of utilities and utility 
                services;
                    ``(D) conversion;
                    ``(E) demolition;
                    ``(F) financing;
                    ``(G) administration and planning; and
                    ``(H) other related activities.
            ``(2) Housing services.--The provision of housing-related 
        services for affordable housing, including--
                    ``(A) housing counseling in connection with rental 
                or homeownership assistance;
                    ``(B) the establishment and support of resident 
                organizations and resident management corporations;
                    ``(C) energy auditing;
                    ``(D) activities related to the provisions of self-
                sufficiency and other services; and
                    ``(E) other services related to assisting owners, 
                tenants, contractors, and other entities participating 
                or seeking to participate in other housing activities 
                assisted pursuant to this section.
            ``(3) Housing management services.--The provision of 
        management services for affordable housing, including--
                    ``(A) the preparation of work specifications;
                    ``(B) loan processing;
                    ``(C) inspections;
                    ``(D) tenant selection;
                    ``(E) management of tenant-based rental assistance; 
                and
                    ``(F) management of affordable housing projects.
            ``(4) Crime prevention and safety activities.--The 
        provision of safety, security, and law enforcement measures and 
        activities appropriate to protect residents of affordable 
        housing from crime.
            ``(5) Model activities.--Housing activities under model 
        programs that are--
                    ``(A) designed to carry out the purposes of this 
                title; and
                    ``(B) specifically approved by the Secretary as 
                appropriate for the purpose referred to in subparagraph 
                (A).

``SEC. 811. PROGRAM REQUIREMENTS.

    ``(a) Rents.--
            ``(1) Establishment.--Subject to paragraph (2), as a 
        condition to receiving grant amounts under this title, the 
        Director shall develop written policies governing rents and 
        homebuyer payments charged for dwelling units assisted under 
        this title, including methods by which such rents and homebuyer 
        payments are determined.
            ``(2) Maximum rent.--In the case of any low-income family 
        residing in a dwelling unit assisted with grant amounts under 
        this title, the monthly rent or homebuyer payment (as 
        applicable) for that dwelling unit may not exceed 30 percent of 
        the monthly adjusted income of that family.
    ``(b) Maintenance and Efficient Operation.--
            ``(1) In general.--The Director shall, using amounts of any 
        grants received under this title, reserve and use for operating 
        under section 810 such amounts as may be necessary to provide 
        for the continued maintenance and efficient operation of such 
        housing.
            ``(2) Disposal of certain housing.--This subsection may not 
        be construed to prevent the Director, or any entity funded by 
        the Department, from demolishing or disposing of housing, 
        pursuant to regulations established by the Secretary.
    ``(c) Insurance Coverage.--As a condition to receiving grant 
amounts under this title, the Director shall require adequate insurance 
coverage for housing units that are owned or operated or assisted with 
grant amounts provided under this title.
    ``(d) Eligibility for Admission.--As a condition to receiving grant 
amounts under this title, the Director shall develop written policies 
governing the eligibility, admission, and occupancy of families for 
housing assisted with grant amounts provided under this title.
    ``(e) Management and Maintenance.--As a condition to receiving 
grant amounts under this title, the Director shall develop policies 
governing the management and maintenance of housing assisted with grant 
amounts under this title.

``SEC. 812. TYPES OF INVESTMENTS.

    ``(a) In General.--Subject to section 811 and an applicable housing 
plan approved under section 803, the Director shall have--
            ``(1) the discretion to use grant amounts for affordable 
        housing activities through the use of--
                    ``(A) equity investments;
                    ``(B) interest-bearing loans or advances;
                    ``(C) noninterest-bearing loans or advances;
                    ``(D) interest subsidies;
                    ``(E) the leveraging of private investments; or
                    ``(F) any other form of assistance that the 
                Secretary determines to be consistent with the purposes 
                of this title; and
            ``(2) the right to establish the terms of assistance 
        provided with funds referred to in paragraph (1).
    ``(b) Investments.--The Director may invest grant amounts for the 
purposes of carrying out affordable housing activities in investment 
securities and other obligations, as approved by the Secretary.

``SEC. 813. LOW-INCOME REQUIREMENT AND INCOME TARGETING.

    ``(a) In General.--Housing shall qualify for affordable housing for 
purposes of this title only if--
            ``(1) each dwelling unit in the housing--
                    ``(A) in the case of rental housing, is made 
                available for occupancy only by a family that is a low-
                income family at the time of the initial occupancy of 
                that family of that unit; and
                    ``(B) in the case of housing for homeownership, is 
                made available for purchase only by a family that is a 
                low-income family at the time of purchase; and
            ``(2) each dwelling unit in the housing will remain 
        affordable, according to binding commitments satisfactory to 
        the Secretary, for--
                    ``(A) the remaining useful life of the property (as 
                determined by the Secretary) without regard to the term 
                of the mortgage or to transfer of ownership; or
                    ``(B) such other period as the Secretary determines 
                is the longest feasible period of time consistent with 
                sound economics and the purposes of this title, except 
                upon a foreclosure by a lender (or upon other transfer 
                in lieu of foreclosure) if that action--
                            ``(i) recognizes any contractual or legal 
                        rights of any public agency, nonprofit sponsor, 
                        or other person or entity to take an action 
                        that would--
                                    ``(I) avoid termination of low-
                                income affordability, in the case of 
                                foreclosure; or
                                    ``(II) transfer ownership in lieu 
                                of foreclosure; and
                            ``(ii) is not for the purpose of avoiding 
                        low-income affordability restrictions, as 
                        determined by the Secretary.
    ``(b) Exception.--Notwithstanding subsection (a), housing assisted 
pursuant to section 809(a)(2)(B) shall be considered affordable housing 
for purposes of this title.

 ``SEC. 814. LEASE REQUIREMENTS AND TENANT SELECTION.

    ``(a) Leases.--Except to the extent otherwise provided by or 
inconsistent with the laws of the State of Hawaii, in renting dwelling 
units in affordable housing assisted with grant amounts provided under 
this title, the Director, owner, or manager shall use leases that--
            ``(1) do not contain unreasonable terms and conditions;
            ``(2) require the Director, owner, or manager to maintain 
        the housing in compliance with applicable housing codes and 
        quality standards;
            ``(3) require the Director, owner, or manager to give 
        adequate written notice of termination of the lease, which 
        shall be the period of time required under applicable State or 
        local law;
            ``(4) specify that, with respect to any notice of eviction 
        or termination, notwithstanding any State or local law, a 
        resident shall be informed of the opportunity, before any 
        hearing or trial, to examine any relevant documents, record, or 
        regulations directly related to the eviction or termination;
            ``(5) require that the Director, owner, or manager may not 
        terminate the tenancy, during the term of the lease, except for 
        serious or repeated violation of the terms and conditions of 
        the lease, violation of applicable Federal, State, or local 
        law, or for other good cause; and
            ``(6) provide that the Director, owner, or manager may 
        terminate the tenancy of a resident for any activity, engaged 
        in by the resident, any member of the household of the 
        resident, or any guest or other person under the control of the 
        resident, that--
                    ``(A) threatens the health or safety of, or right 
                to peaceful enjoyment of the premises by, other 
                residents or employees of the Department, owner, or 
                manager;
                    ``(B) threatens the health or safety of, or right 
                to peaceful enjoyment of their premises by, persons 
                residing in the immediate vicinity of the premises; or
                    ``(C) is criminal activity (including drug-related 
                criminal activity) on or off the premises.
    ``(b) Tenant or Homebuyer Selection.--As a condition to receiving 
grant amounts under this title, the Director shall adopt and use 
written tenant and homebuyer selection policies and criteria that--
            ``(1) are consistent with the purpose of providing housing 
        for low-income families;
            ``(2) are reasonably related to program eligibility and the 
        ability of the applicant to perform the obligations of the 
        lease; and
            ``(3) provide for--
                    ``(A) the selection of tenants and homebuyers from 
                a written waiting list in accordance with the policies 
                and goals set forth in an applicable housing plan 
                approved under section 803; and
                    ``(B) the prompt notification in writing of any 
                rejected applicant of the grounds for that rejection.

``SEC. 815. REPAYMENT.

    ``If the Department of Hawaiian Home Lands uses grant amounts to 
provide affordable housing under activities under this title and, at 
any time during the useful life of the housing, the housing does not 
comply with the requirement under section 813(a)(2), the Secretary 
shall--
            ``(1) reduce future grant payments on behalf of the 
        Department by an amount equal to the grant amounts used for 
        that housing (under the authority of section 819(a)(2)); or
            ``(2) require repayment to the Secretary of any amount 
        equal to those grant amounts.

``SEC. 816. ANNUAL ALLOCATION.

    ``For each fiscal year, the Secretary shall allocate any amounts 
made available for assistance under this title for the fiscal year, in 
accordance with the formula established pursuant to section 817 to the 
Department of Hawaiian Home Lands if the Department complies with the 
requirements under this title for a grant under this title.

``SEC. 817. ALLOCATION FORMULA.

    ``(a) Establishment.--The Secretary shall, by regulation issued not 
later than the expiration of the 6-month period beginning on the date 
of enactment of the Hawaiian Homelands Homeownership Act of 2000, in 
the manner provided under section 807, establish a formula to provide 
for the allocation of amounts available for a fiscal year for block 
grants under this title in accordance with the requirements of this 
section.
    ``(b) Factors for Determination of Need.--The formula under 
subsection (a) shall be based on factors that reflect the needs for 
assistance for affordable housing activities, including--
            ``(1) the number of low-income dwelling units owned or 
        operated at the time pursuant to a contract between the 
        Director and the Secretary;
            ``(2) the extent of poverty and economic distress and the 
        number of Native Hawaiian families eligible to reside on the 
        Hawaiian Home Lands; and
            ``(3) any other objectively measurable conditions that the 
        Secretary and the Director may specify.
    ``(c) Other Factors for Consideration.--In establishing the formula 
under subsection (a), the Secretary shall consider the relative 
administrative capacities of the Department of Hawaiian Home Lands and 
other challenges faced by the Department, including--
            ``(1) geographic distribution within Hawaiian Home Lands; 
        and
            ``(2) technical capacity.
    ``(d) Effective Date.--This section shall take effect on the date 
of enactment of the Hawaiian Homelands Homeownership Act of 2000.

``SEC. 818. REMEDIES FOR NONCOMPLIANCE.

    ``(a) Actions by Secretary Affecting Grant Amounts.--
            ``(1) In general.--Except as provided in subsection (b), if 
        the Secretary finds after reasonable notice and opportunity for 
        a hearing that the Department of Hawaiian Home Lands has failed 
        to comply substantially with any provision of this title, the 
        Secretary shall--
                    ``(A) terminate payments under this title to the 
                Department;
                    ``(B) reduce payments under this title to the 
                Department by an amount equal to the amount of such 
                payments that were not expended in accordance with this 
                title; or
                    ``(C) limit the availability of payments under this 
                title to programs, projects, or activities not affected 
                by such failure to comply.
            ``(2) Actions.--If the Secretary takes an action under 
        subparagraph (A), (B), or (C) of paragraph (1), the Secretary 
        shall continue that action until the Secretary determines that 
        the failure by the Department to comply with the provision has 
        been remedied by the Department and the Department is in 
        compliance with that provision.
    ``(b) Noncompliance Because of a Technical Incapacity.--The 
Secretary may provide technical assistance for the Department, either 
directly or indirectly, that is designed to increase the capability and 
capacity of the Director of the Department to administer assistance 
provided under this title in compliance with the requirements under 
this title if the Secretary makes a finding under subsection (a), but 
determines that the failure of the Department to comply substantially 
with the provisions of this title--
            ``(1) is not a pattern or practice of activities 
        constituting willful noncompliance; and
            ``(2) is a result of the limited capability or capacity of 
        the Department of Hawaiian Home Lands.
    ``(c) Referral for Civil Action.--
            ``(1) Authority.--In lieu of, or in addition to, any action 
        that the Secretary may take under subsection (a), if the 
        Secretary has reason to believe that the Department of Hawaiian 
        Home Lands has failed to comply substantially with any 
        provision of this title, the Secretary may refer the matter to 
        the Attorney General of the United States with a recommendation 
        that an appropriate civil action be instituted.
            ``(2) Civil action.--Upon receiving a referral under 
        paragraph (1), the Attorney General may bring a civil action in 
        any United States district court of appropriate jurisdiction 
        for such relief as may be appropriate, including an action--
                    ``(A) to recover the amount of the assistance 
                furnished under this title that was not expended in 
                accordance with this title; or
                    ``(B) for mandatory or injunctive relief.
    ``(d) Review.--
            ``(1) In general.--If the Director receives notice under 
        subsection (a) of the termination, reduction, or limitation of 
        payments under this Act, the Director--
                    ``(A) may, not later than 60 days after receiving 
                such notice, file with the United States Court of 
                Appeals for the Ninth Circuit, or in the United States 
                Court of Appeals for the District of Columbia, a 
                petition for review of the action of the Secretary; and
                    ``(B) upon the filing of any petition under 
                subparagraph (A), shall forthwith transmit copies of 
                the petition to the Secretary and the Attorney General 
                of the United States, who shall represent the Secretary 
                in the litigation.
            ``(2) Procedure.--
                    ``(A) In general.--The Secretary shall file in the 
                court a record of the proceeding on which the Secretary 
                based the action, as provided in section 2112 of title 
                28, United States Code.
                    ``(B) Objections.--No objection to the action of 
                the Secretary shall be considered by the court unless 
                the Department has registered the objection before the 
                Secretary.
            ``(3) Disposition.--
                    ``(A) Court proceedings.--
                            ``(i) Jurisdiction of court.--The court 
                        shall have jurisdiction to affirm or modify the 
                        action of the Secretary or to set the action 
                        aside in whole or in part.
                            ``(ii) Findings of fact.--If supported by 
                        substantial evidence on the record considered 
                        as a whole, the findings of fact by the 
                        Secretary shall be conclusive.
                            ``(iii) Addition.--The court may order 
                        evidence, in addition to the evidence submitted 
                        for review under this subsection, to be taken 
                        by the Secretary, and to be made part of the 
                        record.
                    ``(B) Secretary.--
                            ``(i) In general.--The Secretary, by reason 
                        of the additional evidence referred to in 
                        subparagraph (A) and filed with the court--
                                    ``(I) may--
                                            ``(aa) modify the findings 
                                        of fact of the Secretary; or
                                            ``(bb) make new findings; 
                                        and
                                    ``(II) shall file--
                                            ``(aa) such modified or new 
                                        findings; and
                                            ``(bb) the recommendation 
                                        of the Secretary, if any, for 
                                        the modification or setting 
                                        aside of the original action of 
                                        the Secretary.
                            ``(ii) Findings.--The findings referred to 
                        in clause (i)(II)(bb) shall, with respect to a 
                        question of fact, be considered to be 
                        conclusive if those findings are--
                                    ``(I) supported by substantial 
                                evidence on the record; and
                                    ``(II) considered as a whole.
            ``(4) Finality.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), upon the filing of the record under 
                this subsection with the court--
                            ``(i) the jurisdiction of the court shall 
                        be exclusive; and
                            ``(ii) the judgment of the court shall be 
                        final.
                    ``(B) Review by supreme court.--A judgment under 
                subparagraph (A) shall be subject to review by the 
                Supreme Court of the United States upon writ of 
                certiorari or certification, as provided in section 
                1254 of title 28, United States Code.

``SEC. 819. MONITORING OF COMPLIANCE.

    ``(a) Enforceable Agreements.--
            ``(1) In general.--The Director, through binding 
        contractual agreements with owners or other authorized 
        entities, shall ensure long-term compliance with the provisions 
        of this title.
            ``(2) Measures.--The measures referred to in paragraph (1) 
        shall provide for--
                    ``(A) to the extent allowable by Federal and State 
                law, the enforcement of the provisions of this title by 
                the Department and the Secretary; and
                    ``(B) remedies for breach of the provisions 
                referred to in paragraph (1).
    ``(b) Periodic Monitoring.--
            ``(1) In general.--Not less frequently than annually, the 
        Director shall review the activities conducted and housing 
        assisted under this title to assess compliance with the 
        requirements of this title.
            ``(2) Review.--Each review under paragraph (1) shall 
        include onsite inspection of housing to determine compliance 
        with applicable requirements.
            ``(3) Results.--The results of each review under paragraph 
        (1) shall be--
                    ``(A) included in a performance report of the 
                Director submitted to the Secretary under section 820; 
                and
                    ``(B) made available to the public.
    ``(c) Performance Measures.--The Secretary shall establish such 
performance measures as may be necessary to assess compliance with the 
requirements of this title.

``SEC. 820. PERFORMANCE REPORTS.

    ``(a) Requirement.--For each fiscal year, the Director shall--
            ``(1) review the progress the Department has made during 
        that fiscal year in carrying out the housing plan submitted by 
        the Department under section 803; and
            ``(2) submit a report to the Secretary (in a form 
        acceptable to the Secretary) describing the conclusions of the 
        review.
    ``(b) Content.--Each report submitted under this section for a 
fiscal year shall--
            ``(1) describe the use of grant amounts provided to the 
        Department of Hawaiian Home Lands for that fiscal year;
            ``(2) assess the relationship of the use referred to in 
        paragraph (1) to the goals identified in the housing plan;
            ``(3) indicate the programmatic accomplishments of the 
        Department; and
            ``(4) describe the manner in which the Department would 
        change its housing plan submitted under section 803 as a result 
        of its experiences.
    ``(c) Submissions.--The Secretary shall--
            ``(1) establish a date for submission of each report under 
        this section;
            ``(2) review each such report; and
            ``(3) with respect to each such report, make 
        recommendations as the Secretary considers appropriate to carry 
        out the purposes of this title.
    ``(d) Public Availability.--
            ``(1) Comments by beneficiaries.--In preparing a report 
        under this section, the Director shall make the report publicly 
        available to the beneficiaries of the Hawaiian Homes Commission 
        Act, 1920 (42 Stat. 108 et seq.) and give a sufficient amount 
        of time to permit those beneficiaries to comment on that report 
        before it is submitted to the Secretary (in such manner and at 
        such time as the Director may determine).
            ``(2) Summary of comments.--The report shall include a 
        summary of any comments received by the Director from 
        beneficiaries under paragraph (1) regarding the program to 
        carry out the housing plan.

``SEC. 821. REVIEW AND AUDIT BY SECRETARY.

    ``(a) Annual Review.--
            ``(1) In general.--The Secretary shall, not less frequently 
        than on an annual basis, make such reviews and audits as may be 
        necessary or appropriate to determine whether--
                    ``(A) the Director has--
                            ``(i) carried out eligible activities under 
                        this title in a timely manner;
                            ``(ii) carried out and made certifications 
                        in accordance with the requirements and the 
                        primary objectives of this title and with other 
                        applicable laws; and
                            ``(iii) a continuing capacity to carry out 
                        the eligible activities in a timely manner;
                    ``(B) the Director has complied with the housing 
                plan submitted by the Director under section 803; and
                    ``(C) the performance reports of the Department 
                under section 821 are accurate.
            ``(2) Onsite visits.--Each review conducted under this 
        section shall, to the extent practicable, include onsite visits 
        by employees of the Department of Housing and Urban 
        Development.
    ``(b) Report by Secretary.--The Secretary shall give the Department 
of Hawaiian Home Lands not less than 30 days to review and comment on a 
report under this subsection. After taking into consideration the 
comments of the Department, the Secretary may revise the report and 
shall make the comments of the Department and the report with any 
revisions, readily available to the public not later than 30 days after 
receipt of the comments of the Department.
    ``(c) Effect of Reviews.--The Secretary may make appropriate 
adjustments in the amount of annual grants under this title in 
accordance with the findings of the Secretary pursuant to reviews and 
audits under this section. The Secretary may adjust, reduce, or 
withdraw grant amounts, or take other action as appropriate in 
accordance with the reviews and audits of the Secretary under this 
section, except that grant amounts already expended on affordable 
housing activities may not be recaptured or deducted from future 
assistance provided to the Department of Hawaiian Home Lands.

``SEC. 822. GENERAL ACCOUNTING OFFICE AUDITS.

    ``To the extent that the financial transactions of the Department 
of Hawaiian Home Lands involving grant amounts under this title relate 
to amounts provided under this title, those transactions may be audited 
by the Comptroller General of the United States under such regulations 
as may be prescribed by the Comptroller General. The Comptroller 
General of the United States shall have access to all books, accounts, 
records, reports, files, and other papers, things, or property 
belonging to or in use by the Department of Hawaiian Home Lands 
pertaining to such financial transactions and necessary to facilitate 
the audit.

``SEC. 823. REPORTS TO CONGRESS.

    ``(a) In General.--Not later than 90 days after the conclusion of 
each fiscal year in which assistance under this title is made 
available, the Secretary shall submit to Congress a report that 
contains--
            ``(1) a description of the progress made in accomplishing 
        the objectives of this title;
            ``(2) a summary of the use of funds available under this 
        title during the preceding fiscal year; and
            ``(3) a description of the aggregate outstanding loan 
        guarantees under section 184A of the Housing and Community 
        Development Act of 1992.
    ``(b) Related Reports.--The Secretary may require the Director to 
submit to the Secretary such reports and other information as may be 
necessary in order for the Secretary to prepare the report required 
under subsection (a).

``SEC. 824. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Department of 
Housing and Urban Development for grants under this title such sums as 
may be necessary for each of fiscal years 2000, 2001, 2002, 2003, and 
2004.''.

SEC. 204. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.

    Subtitle E of title I of the Housing and Community Development Act 
of 1992 is amended by inserting after section 184 (12 U.S.C. 1715z-13a) 
the following:

``SEC. 184A. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.

    ``(a) Definitions.--In this section:
            ``(1) Department of hawaiian home lands.--The term 
        `Department of Hawaiian Home Lands' means the agency or 
        department of the government of the State of Hawaii that is 
        responsible for the administration of the Hawaiian Homes 
        Commission Act, 1920 (42 Stat. 108 et seq.).
            ``(2) Eligible entity.--The term `eligible entity' means a 
        Native Hawaiian family, the Department of Hawaiian Home Lands, 
        the Office of Hawaiian Affairs, and private nonprofit or 
        private for-profit organizations experienced in the planning 
        and development of affordable housing for Native Hawaiians.
            ``(3) Family.--The term `family' means 1 or more persons 
        maintaining a household, as the Secretary shall by regulation 
        provide.
            ``(4) Guarantee fund.--The term `Guarantee Fund' means the 
        Native Hawaiian Housing Loan Guarantee Fund established under 
        subsection (i).
            ``(5) Hawaiian home lands.--The term `Hawaiian Home Lands' 
        means lands that--
                    ``(A) have the status of Hawaiian Home Lands under 
                section 204 of the Hawaiian Homes Commission Act (42 
                Stat. 110); or
                    ``(B) are acquired pursuant to that Act.
            ``(6) Native hawaiian.--The term `Native Hawaiian' means 
        any individual who is--
                    ``(A) a citizen of the United States; and
                    ``(B) a descendant of the aboriginal people, who, 
                prior to 1778, occupied and exercised sovereignty in 
                the area that currently constitutes the State of 
                Hawaii, as evidenced by--
                            ``(i) genealogical records;
                            ``(ii) verification by kupuna (elders) or 
                        kama'aina (long-term community residents); or
                            ``(iii) birth records of the State of 
                        Hawaii.
            ``(7) Office of hawaiian affairs.--The term `Office of 
        Hawaiian Affairs' means the entity of that name established 
        under the constitution of the State of Hawaii.
    ``(b) Authority.--To provide access to sources of private financing 
to Native Hawaiian families who otherwise could not acquire housing 
financing because of the unique legal status of the Hawaiian Home Lands 
or as a result of a lack of access to private financial markets, the 
Secretary may guarantee an amount not to exceed 100 percent of the 
unpaid principal and interest that is due on an eligible loan under 
subsection (c).
    ``(c) Eligible Loans.--Under this section, a loan is an eligible 
loan if that loan meets the following requirements:
            ``(1) Eligible borrowers.--The loan is made only to a 
        borrower who is--
                    ``(A) a Native Hawaiian family;
                    ``(B) the Department of Hawaiian Home Lands;
                    ``(C) the Office of Hawaiian Affairs; or
                    ``(D) a private nonprofit organization experienced 
                in the planning and development of affordable housing 
                for Native Hawaiians.
            ``(2) Eligible housing.--
                    ``(A) In general.--The loan will be used to 
                construct, acquire, or rehabilitate not more than 4-
                family dwellings that are standard housing and are 
                located on Hawaiian Home Lands for which a housing plan 
                described in subparagraph (B) applies.
                    ``(B) Housing plan.--A housing plan described in 
                this subparagraph is a housing plan that--
                            ``(i) has been submitted and approved by 
                        the Secretary under section 803 of the Native 
                        American Housing Assistance and Self-
                        Determination Act of 1996; and
                            ``(ii) provides for the use of loan 
                        guarantees under this section to provide 
                        affordable homeownership housing on Hawaiian 
                        Home Lands.
            ``(3) Security.--The loan may be secured by any collateral 
        authorized under applicable Federal or State law.
            ``(4) Lenders.--
                    ``(A) In general.--The loan shall be made only by a 
                lender approved by, and meeting qualifications 
                established by, the Secretary, including any lender 
                described in subparagraph (B), except that a loan 
                otherwise insured or guaranteed by an agency of the 
                Federal Government or made by the Department of 
                Hawaiian Home Lands from amounts borrowed from the 
                United States shall not be eligible for a guarantee 
                under this section.
                    ``(B) Approval.--The following lenders shall be 
                considered to be lenders that have been approved by the 
                Secretary:
                            ``(i) Any mortgagee approved by the 
                        Secretary for participation in the single 
                        family mortgage insurance program under title 
                        II of the National Housing Act (12 U.S.C.A. 
                        1707 et seq.).
                            ``(ii) Any lender that makes housing loans 
                        under chapter 37 of title 38, United States 
                        Code, that are automatically guaranteed under 
                        section 3702(d) of title 38, United States 
                        Code.
                            ``(iii) Any lender approved by the 
                        Secretary of Agriculture to make guaranteed 
                        loans for single family housing under the 
                        Housing Act of 1949 (42 U.S.C.A. 1441 et seq.).
                            ``(iv) Any other lender that is supervised, 
                        approved, regulated, or insured by any agency 
                        of the Federal Government.
            ``(5) Terms.--The loan shall--
                    ``(A) be made for a term not exceeding 30 years;
                    ``(B) bear interest (exclusive of the guarantee fee 
                under subsection (e) and service charges, if any) at a 
                rate agreed upon by the borrower and the lender and 
                determined by the Secretary to be reasonable, but not 
                to exceed the rate generally charged in the area (as 
                determined by the Secretary) for home mortgage loans 
                not guaranteed or insured by any agency or 
                instrumentality of the Federal Government;
                    ``(C) involve a principal obligation not 
                exceeding--
                            ``(i) 97.75 percent of the appraised value 
                        of the property as of the date the loan is 
                        accepted for guarantee (or 98.75 percent if the 
                        value of the property is $50,000 or less); or
                            ``(ii) the amount approved by the Secretary 
                        under this section; and
                    ``(D) involve a payment on account of the 
                property--
                            ``(i) in cash or its equivalent; or
                            ``(ii) through the value of any 
                        improvements to the property made through the 
                        skilled or unskilled labor of the borrower, as 
                        the Secretary shall provide.
    ``(d) Certificate of Guarantee.--
            ``(1) Approval process.--
                    ``(A) In general.--Before the Secretary approves 
                any loan for guarantee under this section, the lender 
                shall submit the application for the loan to the 
                Secretary for examination.
                    ``(B) Approval.--If the Secretary approves the 
                application submitted under subparagraph (A), the 
                Secretary shall issue a certificate under this 
                subsection as evidence of the loan guarantee approved.
            ``(2) Standard for approval.--The Secretary may approve a 
        loan for guarantee under this section and issue a certificate 
        under this subsection only if the Secretary determines that 
        there is a reasonable prospect of repayment of the loan.
            ``(3) Effect.--
                    ``(A) In general.--A certificate of guarantee 
                issued under this subsection by the Secretary shall be 
                conclusive evidence of the eligibility of the loan for 
                guarantee under this section and the amount of that 
                guarantee.
                    ``(B) Evidence.--The evidence referred to in 
                subparagraph (A) shall be incontestable in the hands of 
                the bearer.
                    ``(C) Full faith and credit.--The full faith and 
                credit of the United States is pledged to the payment 
                of all amounts agreed to be paid by the Secretary as 
                security for the obligations made by the Secretary 
                under this section.
            ``(4) Fraud and misrepresentation.--This subsection may not 
        be construed--
                    ``(A) to preclude the Secretary from establishing 
                defenses against the original lender based on fraud or 
                material misrepresentation; or
                    ``(B) to bar the Secretary from establishing by 
                regulations that are on the date of issuance or 
                disbursement, whichever is earlier, partial defenses to 
                the amount payable on the guarantee.
    ``(e) Guarantee Fee.--
            ``(1) In general.--The Secretary shall fix and collect a 
        guarantee fee for the guarantee of a loan under this section, 
        which may not exceed the amount equal to 1 percent of the 
        principal obligation of the loan.
            ``(2) Payment.--The fee under this subsection shall--
                    ``(A) be paid by the lender at time of issuance of 
                the guarantee; and
                    ``(B) be adequate, in the determination of the 
                Secretary, to cover expenses and probable losses.
            ``(3) Deposit.--The Secretary shall deposit any fees 
        collected under this subsection in the Native Hawaiian Housing 
        Loan Guarantee Fund established under subsection (j).
    ``(f) Liability Under Guarantee.--The liability under a guarantee 
provided under this section shall decrease or increase on a pro rata 
basis according to any decrease or increase in the amount of the unpaid 
obligation under the provisions of the loan agreement involved.
    ``(g) Transfer and Assumption.--Notwithstanding any other provision 
of law, any loan guaranteed under this section, including the security 
given for the loan, may be sold or assigned by the lender to any 
financial institution subject to examination and supervision by an 
agency of the Federal Government or of any State or the District of 
Columbia.
    ``(h) Disqualification of Lenders and Civil Money Penalties.--
            ``(1) In general.--
                    ``(A) Grounds for action.--The Secretary may take 
                action under subparagraph (B) if the Secretary 
                determines that any lender or holder of a guarantee 
                certificate under subsection (d)--
                            ``(i) has failed--
                                    ``(I) to maintain adequate 
                                accounting records;
                                    ``(II) to service adequately loans 
                                guaranteed under this section; or
                                    ``(III) to exercise proper credit 
                                or underwriting judgment; or
                            ``(ii) has engaged in practices otherwise 
                        detrimental to the interest of a borrower or 
                        the United States.
                    ``(B) Actions.--Upon a determination by the 
                Secretary that a holder of a guarantee certificate 
                under subsection (d) has failed to carry out an 
                activity described in subparagraph (A)(i) or has 
                engaged in practices described in subparagraph (A)(ii), 
                the Secretary may--
                            ``(i) refuse, either temporarily or 
                        permanently, to guarantee any further loans 
                        made by such lender or holder;
                            ``(ii) bar such lender or holder from 
                        acquiring additional loans guaranteed under 
                        this section; and
                            ``(iii) require that such lender or holder 
                        assume not less than 10 percent of any loss on 
                        further loans made or held by the lender or 
                        holder that are guaranteed under this section.
            ``(2) Civil money penalties for intentional violations.--
                    ``(A) In general.--The Secretary may impose a civil 
                monetary penalty on a lender or holder of a guarantee 
                certificate under subsection (d) if the Secretary 
                determines that the holder or lender has intentionally 
                failed--
                            ``(i) to maintain adequate accounting 
                        records;
                            ``(ii) to adequately service loans 
                        guaranteed under this section; or
                            ``(iii) to exercise proper credit or 
                        underwriting judgment.
                    ``(B) Penalties.--A civil monetary penalty imposed 
                under this paragraph shall be imposed in the manner and 
                be in an amount provided under section 536 of the 
                National Housing Act (12 U.S.C.A. 1735f-1) with respect 
                to mortgagees and lenders under that Act.
            ``(3) Payment on loans made in good faith.--Notwithstanding 
        paragraphs (1) and (2), if a loan was made in good faith, the 
        Secretary may not refuse to pay a lender or holder of a valid 
        guarantee on that loan, without regard to whether the lender or 
        holder is barred under this subsection.
    ``(i) Payment Under Guarantee.--
            ``(1) Lender options.--
                    ``(A) In general.--
                            ``(i) Notification.--If a borrower on a 
                        loan guaranteed under this section defaults on 
                        the loan, the holder of the guarantee 
                        certificate shall provide written notice of the 
                        default to the Secretary.
                            ``(ii) Payment.--Upon providing the notice 
                        required under clause (i), the holder of the 
                        guarantee certificate shall be entitled to 
                        payment under the guarantee (subject to the 
                        provisions of this section) and may proceed to 
                        obtain payment in 1 of the following manners:
                                    ``(I) Foreclosure.--
                                            ``(aa) In general.--The 
                                        holder of the certificate may 
                                        initiate foreclosure 
                                        proceedings (after providing 
                                        written notice of that action 
                                        to the Secretary).
                                            ``(bb) Payment.--Upon a 
                                        final order by the court 
                                        authorizing foreclosure and 
                                        submission to the Secretary of 
                                        a claim for payment under the 
                                        guarantee, the Secretary shall 
                                        pay to the holder of the 
                                        certificate the pro rata 
                                        portion of the amount 
                                        guaranteed (as determined 
                                        pursuant to subsection (f)) 
                                        plus reasonable fees and 
                                        expenses as approved by the 
                                        Secretary.
                                            ``(cc) Subrogation.--The 
                                        rights of the Secretary shall 
                                        be subrogated to the rights of 
                                        the holder of the guarantee. 
                                        The holder shall assign the 
                                        obligation and security to the 
                                        Secretary.
                                    ``(II) No foreclosure.--
                                            ``(aa) In general.--Without 
                                        seeking foreclosure (or in any 
                                        case in which a foreclosure 
                                        proceeding initiated under 
                                        clause (i) continues for a 
                                        period in excess of 1 year), 
                                        the holder of the guarantee may 
                                        submit to the Secretary a 
                                        request to assign the 
                                        obligation and security 
                                        interest to the Secretary in 
                                        return for payment of the claim 
                                        under the guarantee. The 
                                        Secretary may accept assignment 
                                        of the loan if the Secretary 
                                        determines that the assignment 
                                        is in the best interest of the 
                                        United States.
                                            ``(bb) Payment.--Upon 
                                        assignment, the Secretary shall 
                                        pay to the holder of the 
                                        guarantee the pro rata portion 
                                        of the amount guaranteed (as 
                                        determined under subsection 
                                        (f)).
                                            ``(cc) Subrogation.--The 
                                        rights of the Secretary shall 
                                        be subrogated to the rights of 
                                        the holder of the guarantee. 
                                        The holder shall assign the 
                                        obligation and security to the 
                                        Secretary.
                    ``(B) Requirements.--Before any payment under a 
                guarantee is made under subparagraph (A), the holder of 
                the guarantee shall exhaust all reasonable 
                possibilities of collection. Upon payment, in whole or 
                in part, to the holder, the note or judgment evidencing 
                the debt shall be assigned to the United States and the 
                holder shall have no further claim against the borrower 
                or the United States. The Secretary shall then take 
                such action to collect as the Secretary determines to 
                be appropriate.
            ``(2) Limitations on liquidation.--
                    ``(A) In general.--If a borrower defaults on a loan 
                guaranteed under this section that involves a security 
                interest in restricted Hawaiian Home Land property, the 
                mortgagee or the Secretary shall only pursue 
                liquidation after offering to transfer the account to 
                another eligible Hawaiian family or the Department of 
                Hawaiian Home Lands.
                    ``(B) Limitation.--If, after action is taken under 
                subparagraph (A), the mortgagee or the Secretary 
                subsequently proceeds to liquidate the account, the 
                mortgagee or the Secretary shall not sell, transfer, or 
                otherwise dispose of or alienate the property described 
                in subparagraph (A) except to another eligible Hawaiian 
                family or to the Department of Hawaiian Home Lands.
    ``(j) Native Hawaiian Housing Loan Guarantee Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States the Native Hawaiian Housing Loan Guarantee 
        Fund for the purpose of providing loan guarantees under this 
        section.
            ``(2) Credits.--The Guarantee Fund shall be credited with--
                    ``(A) any amount, claims, notes, mortgages, 
                contracts, and property acquired by the Secretary under 
                this section, and any collections and proceeds 
                therefrom;
                    ``(B) any amounts appropriated pursuant to 
                paragraph (7);
                    ``(C) any guarantee fees collected under subsection 
                (d); and
                    ``(D) any interest or earnings on amounts invested 
                under paragraph (4).
            ``(3) Use.--Amounts in the Guarantee Fund shall be 
        available, to the extent provided in appropriations Acts, for--
                    ``(A) fulfilling any obligations of the Secretary 
                with respect to loans guaranteed under this section, 
                including the costs (as that term is defined in section 
                502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 
                661a)) of such loans;
                    ``(B) paying taxes, insurance, prior liens, 
                expenses necessary to make fiscal adjustment in 
                connection with the application and transmittal of 
                collections, and other expenses and advances to protect 
                the Secretary for loans which are guaranteed under this 
                section or held by the Secretary;
                    ``(C) acquiring such security property at 
                foreclosure sales or otherwise;
                    ``(D) paying administrative expenses in connection 
                with this section; and
                    ``(E) reasonable and necessary costs of 
                rehabilitation and repair to properties that the 
                Secretary holds or owns pursuant to this section.
            ``(4) Investment.--Any amounts in the Guarantee Fund 
        determined by the Secretary to be in excess of amounts 
        currently required at the time of the determination to carry 
        out this section may be invested in obligations of the United 
        States.
            ``(5) Limitation on commitments to guarantee loans and 
        mortgages.--
                    ``(A) Requirement of appropriations.--The authority 
                of the Secretary to enter into commitments to guarantee 
                loans under this section shall be effective for any 
                fiscal year to the extent, or in such amounts as are, 
                or have been, provided in appropriations Acts, without 
                regard to the fiscal year for which such amounts were 
                appropriated.
                    ``(B) Limitations on costs of guarantees.--The 
                authority of the Secretary to enter into commitments to 
                guarantee loans under this section shall be effective 
                for any fiscal year only to the extent that amounts in 
                the Guarantee Fund are or have been made available in 
                appropriations Acts to cover the costs (as that term is 
                defined in section 502 of the Federal Credit Reform Act 
                of 1990 (2 U.S.C. 661a)) of such loan guarantees for 
                such fiscal year. Any amounts appropriated pursuant to 
                this subparagraph shall remain available until 
                expended.
                    ``(C) Limitation on outstanding aggregate principal 
                amount.--Subject to the limitations in subparagraphs 
                (A) and (B), the Secretary may enter into commitments 
                to guarantee loans under this section for each of 
                fiscal years 2000, 2001, 2002, 2003, and 2004 with an 
                aggregate outstanding principal amount not exceeding 
                $100,000,000 for each such fiscal year.
            ``(6) Liabilities.--All liabilities and obligations of the 
        assets credited to the Guarantee Fund under paragraph (2)(A) 
        shall be liabilities and obligations of the Guarantee Fund.
            ``(7) Authorization of appropriations.--There are 
        authorized to be appropriated to the Guarantee Fund to carry 
        out this section such sums as may be necessary for each of 
        fiscal years 2000, 2001, 2002, 2003, and 2004.
    ``(k) Requirements for Standard Housing.--
            ``(1) In general.--The Secretary shall, by regulation, 
        establish housing safety and quality standards to be applied 
        for use under this section.
            ``(2) Standards.--The standards referred to in paragraph 
        (1) shall--
                    ``(A) provide sufficient flexibility to permit the 
                use of various designs and materials in housing 
                acquired with loans guaranteed under this section; and
                    ``(B) require each dwelling unit in any housing 
                acquired in the manner described in subparagraph (A) 
                to--
                            ``(i) be decent, safe, sanitary, and modest 
                        in size and design;
                            ``(ii) conform with applicable general 
                        construction standards for the region in which 
                        the housing is located;
                            ``(iii) contain a plumbing system that--
                                    ``(I) uses a properly installed 
                                system of piping;
                                    ``(II) includes a kitchen sink and 
                                a partitional bathroom with lavatory, 
                                toilet, and bath or shower; and
                                    ``(III) uses water supply, 
                                plumbing, and sewage disposal systems 
                                that conform to any minimum standards 
                                established by the applicable county or 
                                State;
                            ``(iv) contain an electrical system using 
                        wiring and equipment properly installed to 
                        safely supply electrical energy for adequate 
                        lighting and for operation of appliances that 
                        conforms to any appropriate county, State, or 
                        national code;
                            ``(v) be not less than the size provided 
                        under the applicable locally adopted standards 
                        for size of dwelling units, except that the 
                        Secretary, upon request of the Department of 
                        Hawaiian Home Lands may waive the size 
                        requirements under this paragraph; and
                            ``(vi) conform with the energy performance 
                        requirements for new construction established 
                        by the Secretary under section 526(a) of the 
                        National Housing Act (12 U.S.C.A. 1735f-4), 
                        unless the Secretary determines that the 
                        requirements are not applicable.
    ``(l) Applicability of Civil Rights Statutes.--To the extent that 
the requirements of title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.) or of title VIII of the Act popularly known as the 
`Civil Rights Act of 1968' (42 U.S.C.A. 3601 et seq.) apply to a 
guarantee provided under this subsection, nothing in the requirements 
concerning discrimination on the basis of race shall be construed to 
prevent the provision of the guarantee to an eligible entity on the 
basis that the entity serves Native Hawaiian families or is a Native 
Hawaiian family.''.

       TITLE III--COUSHATTA TRIBE OF LOUISIANA LAND TRANSACTIONS

SEC. 301. APPROVAL NOT REQUIRED TO VALIDATE LAND TRANSACTIONS.

    (a) In General.--Notwithstanding any other provision of law, 
without further approval, ratification, or authorization by the United 
States, the Coushatta Tribe of Louisiana, may lease, sell, convey, 
warrant, or otherwise transfer all or any part of the Tribe's interest 
in any real property that is not held in trust by the United States for 
the benefit of the Tribe.
    (b) Trust Land Not Affected.--Nothing in this section is intended 
or shall be construed to--
            (1) authorize the Coushatta Tribe of Louisiana to lease, 
        sell, convey, warrant, or otherwise transfer all or any part of 
        an interest in any real property that is held in trust by the 
        United States for the benefit of the Tribe; or
            (2) affect the operation of any law governing leasing, 
        selling, conveying, warranting, or otherwise transferring any 
        interest in such trust land.

               TITLE IV--WAKPA SICA RECONCILIATION PLACE

SEC. 401. FINDINGS.

    Congress finds that--
            (1) there is a continuing need for reconciliation between 
        Indians and non-Indians;
            (2) the need may be met partially through the promotion of 
        the understanding of the history and culture of Sioux Indian 
        tribes;
            (3) the establishment of a Sioux Nation Tribal Supreme 
        Court will promote economic development on reservations of the 
        Sioux Nation and provide investors that contribute to that 
        development a greater degree of certainty and confidence by--
                    (A) reconciling conflicting tribal laws; and
                    (B) strengthening tribal court systems;
            (4) the reservations of the Sioux Nation--
                    (A) contain the poorest counties in the United 
                States; and
                    (B) lack adequate tools to promote economic 
                development and the creation of jobs;
            (5) there is a need to enhance and strengthen the capacity 
        of Indian tribal governments and tribal justice systems to 
        address conflicts which impair relationships in Indian 
        communities and between Indian and non-Indian communities and 
        individuals; and
            (6) the establishment of the National Native American 
        Mediation Training Center, with the technical assistance of 
        tribal and Federal agencies, including the Community Relations 
        Service of the Department of Justice, would enhance and 
        strengthen the mediation skills that are useful in reducing 
        tensions and resolving conflicts in Indian communities and 
        between Indian and non-Indian communities and individuals.

SEC. 402. DEFINITIONS.

    In this title:
            (1) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Sioux nation.--The term ``Sioux Nation'' means the 
        Cheyenne River Sioux Tribe, the Crow Creek Sioux Tribe, the 
        Flandreau Santee Sioux Tribe, the Lower Brule Sioux Tribe, the 
        Oglala Sioux Tribe, the Rosebud Sioux Tribe, the Santee Sioux 
        Tribe, the Sisseton-Wahpeton Sioux Tribe, the Spirit Lake Sioux 
        Tribe, the Standing Rock Sioux Tribe, and the Yankton Sioux 
        Tribe.

                   Subtitle A--Reconciliation Center

SEC. 411. RECONCILIATION CENTER.

    (a) Establishment.--The Secretary of Housing and Urban Development, 
in cooperation with the Secretary, shall establish, in accordance with 
this section, a reconciliation center, to be known as ``Wakpa Sica 
Reconciliation Place''.
    (b) Location.--Notwithstanding any other provision of law, the 
Secretary shall take into trust for the benefit of the Sioux Nation the 
parcel of land in Stanley County, South Dakota, that is described as 
the ``Reconciliation Place Addition'' that is owned on the date of 
enactment of this Act by the Wakpa Sica Historical Society, Inc., for 
the sole purpose of establishing and operating Wakpa Sica 
Reconciliation Place as described in subsection (c).
    (c) Purposes.--The purposes of Wakpa Sica Reconciliation Place 
shall be as follows:
            (1) To enhance the knowledge and understanding of the 
        history of Native Americans by--
                    (A) displaying and interpreting the history, art, 
                and culture of Indian tribes for Indians and non-
                Indians; and
                    (B) providing an accessible repository for--
                            (i) the history of Indian tribes; and
                            (ii) the family history of members of 
                        Indian tribes.
            (2) To provide for the interpretation of the encounters 
        between Lewis and Clark and the Sioux Nation.
            (3) To house the Sioux Nation Tribal Supreme Court.
            (4) To house a Native American economic development center.
            (5) To house a facility to train tribal personnel in 
        conflict resolution and alternative dispute resolution.
    (d) Grant.--
            (1) In general.--The Secretary of Housing and Urban 
        Development shall offer to award a grant to the Wakpa Sica 
        Historical Society of Fort Pierre, South Dakota, for the 
        construction of Wakpa Sica Reconciliation Place.
            (2) Grant agreement.--
                    (A) In general.--As a condition to receiving the 
                grant under this subsection, the appropriate official 
                of the Wakpa Sica Historical Society shall enter into a 
                grant agreement with the Secretary of Housing and Urban 
                Development.
                    (B) Consultation.--Before entering into a grant 
                agreement under this paragraph, the Secretary of 
                Housing and Urban Development shall consult with the 
                Secretary concerning the contents of the agreement.
                    (C) Duties of the wakpa sica historical society.--
                The grant agreement under this paragraph shall specify 
                the duties of the Wakpa Sica Historical Society under 
                this section and arrangements for the maintenance of 
                Wakpa Sica Reconciliation Place.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to the Department of Housing and Urban 
        Development $18,258,441, to be used for the grant under this 
        section.

SEC. 412. SIOUX NATION TRIBAL SUPREME COURT.

    (a) In General.--To ensure the development and operation of the 
Sioux Nation Tribal Supreme Court and for mediation training, the 
Attorney General of the United States shall use available funds to 
provide technical and financial assistance to the Sioux Nation.
    (b) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated to the Department of Justice 
such sums as are necessary.

SEC. 413. LEGAL JURISDICTION NOT AFFECTED.

    Nothing in this title shall be construed to expand, diminish, or 
otherwise amend the civil or criminal legal jurisdiction of the Federal 
Government or any tribal or State government.

                         Subtitle B--GAO Study

SEC. 421. GAO STUDY.

    (a) In General.--The Comptroller General shall conduct a study and 
make findings and recommendations with respect to--
            (1) Federal programs designed to assist Indian tribes and 
        tribal members with economic development, job creation, 
        entrepreneurship, and business development;
            (2) the extent of use of the programs;
            (3) how effectively such programs accomplish their mission; 
        and
            (4) ways in which the Federal Government could best provide 
        economic development, job creation, entrepreneurship, and 
        business development for Indian tribes and tribal members.
    (b) Report.--The Comptroller General shall submit a report to 
Congress on the study, findings, and recommendations required by 
subsection (a) not later than 1 year after the date of enactment of 
this Act.

           TITLE V--EXPENDITURE OF FUNDS BY ZUNI INDIAN TRIBE

SEC. 501. EXPENDITURE OF FUNDS BY TRIBE AUTHORIZED.

    Section 3 of the Zuni Land Conservation Act of 1990 (Public Law 
101-486) is amended--
            (1) in subsection (b)(1), by striking ``The Secretary of 
        the Interior'' and inserting ``The Zuni Indian Tribe''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``, subject to 
                paragraph (2),'';
                    (B) by striking paragraph (2);
                    (C) in paragraph (3), by striking ``Secretary of 
                the Interior'' and inserting ``Zuni Indian Tribe''; and
                    (D) by redesignating paragraphs (3), (4), (5), and 
                (6) as paragraphs (2), (3), (4), and (5), respectively.

  TITLE VI--TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Torres-Martinez Desert Cahuilla 
Indians Claims Settlement Act''.

SEC. 602. CONGRESSIONAL FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) In 1876, the Torres-Martinez Indian Reservation was 
        created, reserving a single, 640-acre section of land in the 
        Coachella Valley, California, north of the Salton Sink. The 
        Reservation was expanded in 1891 by Executive order, pursuant 
        to the Mission Indian Relief Act of 1891, adding about 12,000 
        acres to the original 640-acre reservation.
            (2) Between 1905 and 1907, flood waters of the Colorado 
        River filled the Salton Sink, creating the Salton Sea, 
        inundating approximately 2,000 acres of the 1891 reservation 
        lands.
            (3) In 1909, an additional 12,000 acres of land, 9,000 of 
        which were then submerged under the Salton Sea, were added to 
        the reservation under a Secretarial Order issued pursuant to a 
        1907 amendment of the Mission Indian Relief Act. Due to 
        receding water levels in the Salton Sea through the process of 
        evaporation, at the time of the 1909 enlargement of the 
        reservation, there were some expectations that the Salton Sea 
        would recede within a period of 25 years.
            (4) Through the present day, the majority of the lands 
        added to the reservation in 1909 remain inundated due in part 
        to the flowage of natural runoff and drainage water from the 
        irrigation systems of the Imperial, Coachella, and Mexicali 
        Valleys into the Salton Sea.
            (5) In addition to those lands that are inundated, there 
        are also tribal and individual Indian lands located on the 
        perimeter of the Salton Sea that are not currently irrigable 
        due to lack of proper drainage.
            (6) In 1982, the United States brought an action in 
        trespass entitled ``United States of America, in its own right 
        and on behalf of Torres-Martinez Band of Mission Indians and 
        the Allottees therein v. the Imperial Irrigation District and 
        Coachella Valley Water District'', Case No. 82-1790 K (M) 
        (hereafter in this section referred to as the ``U.S. Suit'') on 
        behalf of the Torres-Martinez Indian Tribe and affected Indian 
        allottees against the two water districts seeking damages 
        related to the inundation of tribal- and allottee-owned lands 
        and injunctive relief to prevent future discharge of water on 
        such lands.
            (7) On August 20, 1992, the Federal District Court for the 
        Southern District of California entered a judgment in the U.S. 
        Suit requiring the Coachella Valley Water District to pay 
        $212,908.41 in past and future damages and the Imperial 
        Irrigation District to pay $2,795,694.33 in past and future 
        damages in lieu of the United States request for a permanent 
        injunction against continued flooding of the submerged lands.
            (8) The United States, the Coachella Valley Water District, 
        and the Imperial Irrigation District have filed notices of 
        appeal with the United States Court of Appeals for the Ninth 
        Circuit from the district court's judgment in the U.S. Suit 
        (Nos. 93-55389, 93-55398, and 93-55402), and the Tribe has 
        filed a notice of appeal from the district court's denial of 
        its motion to intervene as a matter of right (No. 92-55129).
            (9) The Court of Appeals for the Ninth Circuit has stayed 
        further action on the appeals pending the outcome of settlement 
        negotiations.
            (10) In 1991, the Tribe brought its own lawsuit, Torres-
        Martinez Desert Cahuilla Indians, et al., v. Imperial 
        Irrigation District, et al., Case No. 91-1670 J (LSP) 
        (hereafter in this section referred to as the ``Indian Suit'') 
        in the United States District Court, Southern District of 
        California, against the two water districts, and amended the 
        complaint to include as a plaintiff, Mary Resvaloso, in her own 
        right, and as class representative of all other affected Indian 
        allotment owners.
            (11) The Indian Suit has been stayed by the district court 
        to facilitate settlement negotiations.
    (b) Purpose.--The purpose of this title is to facilitate and 
implement the settlement agreement negotiated and executed by the 
parties to the U.S. Suit and Indian Suit for the purpose of resolving 
their conflicting claims to their mutual satisfaction and in the public 
interest.

SEC. 603. DEFINITIONS.

    For the purposes of this title:
            (1) Tribe.--The term ``Tribe'' means the Torres-Martinez 
        Desert Cahuilla Indians, a federally recognized Indian tribe 
        with a reservation located in Riverside and Imperial Counties, 
        California.
            (2) Allottees.--The term ``allottees'' means those 
        individual Tribe members, their successors, heirs, and assigns, 
        who have individual ownership of allotted Indian trust lands 
        within the Torres-Martinez Indian Reservation.
            (3) Salton sea.--The term ``Salton Sea'' means the inland 
        body of water located in Riverside and Imperial Counties which 
        serves as a drainage reservoir for water from precipitation, 
        natural runoff, irrigation return flows, wastewater, floods, 
        and other inflow from within its watershed area.
            (4) Settlement agreement.--The term ``Settlement 
        Agreement'' means the Agreement of Compromise and Settlement 
        Concerning Claims to the Lands of the United States Within and 
        on the Perimeter of the Salton Sea Drainage Reservoir Held in 
        Trust for the Torres-Martinez Indians executed on June 18, 
        1996, as modified by the first, second, third, and fourth 
        modifications thereto.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) Permanent flowage easement.--The term ``permanent 
        flowage easement'' means the perpetual right by the water 
        districts to use the described lands in the Salton Sink within 
        and below the minus 220-foot contour as a drainage reservoir to 
        receive and store water from their respective water and 
        drainage systems, including flood water, return flows from 
        irrigation, tail water, leach water, operational spills, and 
        any other water which overflows and floods such lands, 
        originating from lands within such water districts.

SEC. 604. RATIFICATION OF SETTLEMENT AGREEMENT.

    The United States hereby approves, ratifies, and confirms the 
Settlement Agreement.

SEC. 605. SETTLEMENT FUNDS.

    (a) Establishment of Tribal and Allottees Settlement Trust Funds 
Accounts.--
            (1) In general.--There are established in the Treasury of 
        the United States three settlement trust fund accounts to be 
        known as the ``Torres-Martinez Settlement Trust Funds 
        Account'', the ``Torres-Martinez Allottees Settlement Account 
        I'', and the ``Torres-Martinez Allottees Settlement Account 
        II'', respectively.
            (2) Availability.--Amounts held in the Torres-Martinez 
        Settlement Trust Funds Account, the Torres-Martinez Allottees 
        Settlement Account I, and the Torres-Martinez Allottees 
        Settlement Account II shall be available to the Secretary for 
        distribution to the Tribe and affected allottees in accordance 
        with subsection (c).
    (b) Contributions to the Settlement Trust Funds.--
            (1) In general.--Amounts paid to the Secretary for deposit 
        into the trust fund accounts established by subsection (a) 
        shall be allocated among and deposited in the trust accounts in 
        the amounts determined by the tribal-allottee allocation 
        provisions of the Settlement Agreement.
            (2) Cash payments by coachella valley water district.--
        Within the time, in the manner, and upon the conditions 
        specified in the Settlement Agreement, the Coachella Valley 
        Water District shall pay the sum of $337,908.41 to the United 
        States for the benefit of the Tribe and any affected allottees.
            (3) Cash payments by imperial irrigation district.--Within 
        the time, in the manner, and upon the conditions specified in 
        the Settlement Agreement, the Imperial Irrigation District 
        shall pay the sum of $3,670,694.33 to the United States for the 
        benefit of the Tribe and any affected allottees.
            (4) Cash payments by the united states.--Within the time 
        and upon the conditions specified in the Settlement Agreement, 
        the United States shall pay into the three separate tribal and 
        allottee trust fund accounts the total sum of $10,200,000, of 
        which sum--
                    (A) $4,200,000 shall be provided from moneys 
                appropriated by Congress under section 1304 of title 
                31, United States Code, the conditions of which are 
                deemed to have been met, including those of section 
                2414 of title 28, United States Code; and
                    (B) $6,000,000 shall be provided from moneys 
                appropriated by Congress for this specific purpose to 
                the Secretary.
            (5) Additional payments.--In the event that any of the sums 
        described in paragraph (2) or (3) are not timely paid by the 
        Coachella Valley Water District or the Imperial Irrigation 
        District, as the case may be, the delinquent payor shall pay an 
        additional sum equal to 10 percent interest annually on the 
        amount outstanding daily, compounded yearly on December 31 of 
        each respective year, until all outstanding amounts due have 
        been paid in full.
            (6) Severally liable for payments.--The Coachella Valley 
        Water District, the Imperial Irrigation District, and the 
        United States shall each be severally liable, but not jointly 
        liable, for its respective obligation to make the payments 
        specified by this subsection.
    (c) Administration of Settlement Trust Funds.--The Secretary shall 
administer and distribute funds held in the Torres-Martinez Settlement 
Trust Funds Account, the Torres-Martinez Allottees Settlement Account 
I, and the Torres-Martinez Allottees Settlement Account II in 
accordance with the terms and conditions of the Settlement Agreement.

SEC. 606. TRUST LAND ACQUISITION AND STATUS.

    (a) Acquisition and Placement of Lands Into Trust.--
            (1) In general.--The Secretary shall convey into trust 
        status lands purchased or otherwise acquired by the Tribe 
        within the areas described in paragraphs (2) and (3) in an 
        amount not to exceed 11,800 acres in accordance with the terms, 
        conditions, criteria, and procedures set forth in the 
        Settlement Agreement and this title. Subject to such terms, 
        conditions, criteria, and procedures, all lands purchased or 
        otherwise acquired by the Tribe and conveyed into trust status 
        for the benefit of the Tribe pursuant to the Settlement 
        Agreement and this title shall be considered as if such lands 
        were so acquired in trust status in 1909 except as (i) to water 
        rights as provided in subsection (c), and (ii) to valid rights 
        existing at the time of acquisition pursuant to this title.
            (2) Primary acquisition area.--
                    (A) In general.--The primary area within which 
                lands may be acquired pursuant to paragraph (1) 
                consists of the lands located in the Primary 
                Acquisition Area, as defined in the Settlement 
                Agreement. The amount of acreage that may be acquired 
                from such area is 11,800 acres less the number of acres 
                acquired and conveyed into trust under paragraph (3).
                    (B) Effect of objection.--Lands referred to in 
                subparagraph (A) may not be acquired pursuant to 
                paragraph (1) if by majority vote the governing body of 
                the city within whose incorporated boundaries (as such 
                boundaries exist on the date of the Settlement 
                Agreement) the subject lands are situated within 
                formally objects to the Tribe's request to convey the 
                subject lands into trust and notifies the Secretary of 
                such objection in writing within 60 days of receiving a 
                copy of the Tribe's request in accordance with the 
                Settlement Agreement. Upon receipt of such a 
                notification, the Secretary shall deny the acquisition 
                request.
            (3) Secondary acquisition area.--
                    (A) In general.--Not more than 640 acres of land 
                may be acquired pursuant to paragraph (1) from those 
                certain lands located in the Secondary Acquisition 
                Area, as defined in the Settlement Agreement.
                    (B) Effect of objection.--Lands referred to in 
                subparagraph (A) may not be acquired pursuant to 
                paragraph (1) if by majority vote--
                            (i) the governing body of the city within 
                        whose incorporated boundaries (as such 
                        boundaries exist on the date of the Settlement 
                        Agreement) the subject lands are situated 
                        within; or
                            (ii) the governing body of Riverside 
                        County, California, in the event that such 
                        lands are located within an unincorporated 
                        area,
                formally objects to the Tribe's request to convey the 
                subject lands into trust and notifies the Secretary of 
                such objection in writing within 60 days of receiving a 
                copy of the Tribe's request in accordance with the 
                Settlement Agreement. Upon receipt of such a 
                notification, the Secretary shall deny the acquisition 
                request.
            (4) Contiguous lands.--The Secretary shall not take any 
        lands into trust for the Tribe under generally applicable 
        Federal statutes or regulations where such lands are both--
                    (A) contiguous to any lands within the Secondary 
                Acquisition Area that are taken into trust pursuant to 
                the terms of the Settlement Agreement and this title; 
                and
                    (B) situated outside the Secondary Acquisition 
                Area.
    (b) Restrictions on Gaming.--The Tribe may conduct gaming on only 
one site within the lands acquired pursuant to subsection 6(a)(1) as 
more particularly provided in the Settlement Agreement.
    (c) Water Rights.--All lands acquired by the Tribe under subsection 
(a) shall--
            (1) be subject to all valid water rights existing at the 
        time of tribal acquisition, including (but not limited to) all 
        rights under any permit or license issued under the laws of the 
        State of California to commence an appropriation of water, to 
        appropriate water, or to increase the amount of water 
        appropriated;
            (2) be subject to the paramount rights of any person who at 
        any time recharges or stores water in a ground water basin to 
        recapture or recover the recharged or stored water or to 
        authorize others to recapture or recover the recharged or 
        stored water; and
            (3) continue to enjoy all valid water rights appurtenant to 
        the land existing immediately prior to the time of tribal 
        acquisition.

SEC. 607. PERMANENT FLOWAGE EASEMENTS.

    (a) Conveyance of Easement to Coachella Valley Water District.--
            (1) Tribal interest.--The United States, in its capacity as 
        trustee for the Tribe, as well as for any affected Indian 
        allotment owners, and their successors and assigns, and the 
        Tribe in its own right and that of its successors and assigns, 
        shall convey to the Coachella Valley Water District a permanent 
        flowage easement as to all Indian trust lands (approximately 
        11,800 acres) located within and below the minus 220-foot 
        contour of the Salton Sink, in accordance with the terms and 
        conditions of the Settlement Agreement.
            (2) United states interest.--The United States, in its own 
        right shall, notwithstanding any prior or present reservation 
        or withdrawal of land of any kind, convey to the Coachella 
        Valley Water District a permanent flowage easement as to all 
        Federal lands (approximately 110,000 acres) located within and 
        below the minus 220-foot contour of the Salton Sink, in 
        accordance with the terms and conditions of the Settlement 
        Agreement.
    (b) Conveyance of Easement to Imperial Irrigation District.--
            (1) Tribal interest.--The United States, in its capacity as 
        trustee for the Tribe, as well as for any affected Indian 
        allotment owners, and their successors and assigns, and the 
        Tribe in its own right and that of its successors and assigns, 
        shall grant and convey to the Imperial Irrigation District a 
        permanent flowage easement as to all Indian trust lands 
        (approximately 11,800 acres) located within and below the minus 
        220-foot contour of the Salton Sink, in accordance with the 
        terms and conditions of the Settlement Agreement.
            (2) United states.--The United States, in its own right 
        shall, notwithstanding any prior or present reservation or 
        withdrawal of land of any kind, grant and convey to the 
        Imperial Irrigation District a permanent flowage easement as to 
        all Federal lands (approximately 110,000 acres) located within 
        and below the minus 220-foot contour of the Salton Sink, in 
        accordance with the terms and conditions of the Settlement 
        Agreement.

SEC. 608. SATISFACTION OF CLAIMS, WAIVERS, AND RELEASES.

    (a) Satisfaction of Claims.--The benefits available to the Tribe 
and the allottees under the terms and conditions of the Settlement 
Agreement and the provisions of this title shall constitute full and 
complete satisfaction of the claims by the Tribe and the allottees 
arising from or related to the inundation and lack of drainage of 
tribal and allottee lands described in section 602 of this title and 
further defined in the Settlement Agreement.
    (b) Approval of Waivers and Releases.--The United States hereby 
approves and confirms the releases and waivers required by the 
Settlement Agreement and this title.

SEC. 609. MISCELLANEOUS PROVISIONS.

    (a) Eligibility for Benefits.--Nothing in this title or the 
Settlement Agreement shall affect the eligibility of the Tribe or its 
members for any Federal program or diminish the trust responsibility of 
the United States to the Tribe and its members.
    (b) Eligibility for Other Services Not Affected.--No payment 
pursuant to this title shall result in the reduction or denial of any 
Federal services or programs to the Tribe or to members of the Tribe, 
to which they are entitled or eligible because of their status as a 
federally recognized Indian tribe or member of the Tribe.
    (c) Preservation of Existing Rights.--Except as provided in this 
title or the Settlement Agreement, any right to which the Tribe is 
entitled under existing law shall not be affected or diminished.
    (d) Amendment of Settlement Agreement.--The Settlement Agreement 
may be amended from time to time in accordance with its terms and 
conditions to the extent that such amendments are not inconsistent with 
the trust land acquisition provisions of the Settlement Agreement, as 
such provisions existed on--
            (1) the date of the enactment of this Act, in the case of 
        Modifications One and Three; and
            (2) September 14, 2000, in the case of Modification Four.

SEC. 610. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this title.

SEC. 611. EFFECTIVE DATE.

    (a) In General.--Except as provided by subsection (b), this title 
shall take effect on the date of the enactment of this Act.
    (b) Exception.--Sections 4, 5, 6, 7, and 8 shall take effect on the 
date on which the Secretary determines the following conditions have 
been met:
            (1) The Tribe agrees to the Settlement Agreement and the 
        provisions of this title and executes the releases and waivers 
        required by the Settlement Agreement and this title.
            (2) The Coachella Valley Water District agrees to the 
        Settlement Agreement and to the provisions of this title.
            (3) The Imperial Irrigation District agrees to the 
        Settlement Agreement and to the provisions of this title.

                    TITLE VII--SHAWNEE TRIBE STATUS

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Shawnee Tribe Status Act of 
2000''.

SEC. 702. FINDINGS.

    Congress finds the following:
            (1) The Cherokee Shawnees, also known as the Loyal 
        Shawnees, are recognized as the descendants of the Shawnee 
        Tribe which was incorporated into the Cherokee Nation of 
        Indians of Oklahoma pursuant to an agreement entered into by 
        and between the Shawnee Tribe and the Cherokee Nation on June 
        7, 1869, and approved by the President on June 9, 1869, in 
        accordance with Article XV of the July 19, 1866, Treaty between 
        the United States and the Cherokee Nation (14 Stat. 799).
            (2) The Shawnee Tribe from and after its incorporation and 
        its merger with the Cherokee Nation has continued to maintain 
        the Shawnee Tribe's separate culture, language, religion, and 
        organization, and a separate membership roll.
            (3) The Shawnee Tribe and the Cherokee Nation have 
        concluded that it is in the best interests of the Shawnee Tribe 
        and the Cherokee Nation that the Shawnee Tribe be restored to 
        its position as a separate federally recognized Indian tribe 
        and all current and historical responsibilities, jurisdiction, 
        and sovereignty as it relates to the Shawnee Tribe, the 
        Cherokee-Shawnee people, and their properties everywhere, 
        provided that civil and criminal jurisdiction over Shawnee 
        individually owned restricted and trust lands, Shawnee tribal 
        trust lands, dependent Indian communities, and all other forms 
        of Indian country within the jurisdictional territory of the 
        Cherokee Nation and located within the State of Oklahoma shall 
        remain with the Cherokee Nation, unless consent is obtained by 
        the Shawnee Tribe from the Cherokee Nation to assume all or any 
        portion of such jurisdiction.
            (4) On August 12, 1996, the Tribal Council of the Cherokee 
        Nation unanimously adopted Resolution 96-09 supporting the 
        termination by the Secretary of the Interior of the 1869 
        Agreement.
            (5) On July 23, 1996, the Shawnee Tribal Business Committee 
        concurred in such resolution.
            (6) On March 13, 2000, a second resolution was adopted by 
        the Tribal Council of the Cherokee Nation (Resolution 15-00) 
        supporting the submission of this legislation to Congress for 
        enactment.

SEC. 703. DEFINITIONS.

    In this title:
            (1) Cherokee nation.--The term ``Cherokee Nation'' means 
        the Cherokee Nation, with its headquarters located in 
        Tahlequah, Oklahoma.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Tribe.--The term ``Tribe'' means the Shawnee Tribe, 
        known also as the ``Loyal Shawnee'' or ``Cherokee Shawnee'', 
        which was a party to the 1869 Agreement between the Cherokee 
        Nation and the Shawnee Tribe of Indians.
            (4) Trust land.--The term ``trust land'' means land, the 
        title to which is held by the United States in trust for the 
        benefit of an Indian tribe or individual.
            (5) Restricted land.--The term ``restricted land'' means 
        any land, the title to which is held in the name of an Indian 
        or Indian tribe subject to restrictions by the United States 
        against alienation.

SEC. 704. FEDERAL RECOGNITION, TRUST RELATIONSHIP, AND PROGRAM 
              ELIGIBILITY.

    (a) Federal Recognition.--The Federal recognition of the Tribe and 
the trust relationship between the United States and the Tribe are 
hereby reaffirmed. Except as otherwise provided in this title, the Act 
of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 501 et seq.) (commonly known 
as the ``Oklahoma Indian Welfare Act''), and all laws and rules of law 
of the United States of general application to Indians, Indian tribes, 
or Indian reservations which are not inconsistent with this title shall 
apply to the Tribe, and to its members and lands. The Tribe is hereby 
recognized as an independent tribal entity, separate from the Cherokee 
Nation or any other Indian tribe.
    (b) Program Eligibility.--
            (1) In general.--Subject to the provisions of this 
        subsection, the Tribe and its members are eligible for all 
        special programs and services provided by the United States to 
        Indians because of their status as Indians.
            (2) Continuation of benefits.--Except as provided in 
        paragraph (3), the members of the Tribe who are residing on 
        land recognized by the Secretary to be within the Cherokee 
        Nation and eligible for Federal program services or benefits 
        through the Cherokee Nation shall receive such services or 
        benefits through the Cherokee Nation.
            (3) Administration by tribe.--The Tribe shall be eligible 
        to apply for and administer the special programs and services 
        provided by the United States to Indians because of their 
        status as Indians, including such programs and services within 
        land recognized by the Secretary to be within the Cherokee 
        Nation, in accordance with applicable laws and regulations to 
        the same extent that the Cherokee Nation is eligible to apply 
        for and administer programs and services, but only--
                    (A) if the Cherokee Nation consents to the 
                operation by the Tribe of federally funded programs and 
                services;
                    (B) if the benefits of such programs or services 
                are to be provided to members of the Tribe in areas 
                recognized by the Secretary to be under the 
                jurisdiction of the Tribe and outside of land 
                recognized by the Secretary to be within the Cherokee 
                Nation, so long as those members are not receiving such 
                programs or services from another Indian tribe; or
                    (C) if under applicable provisions of Federal law, 
                the Cherokee Nation is not eligible to apply for and 
                administer such programs or services.
            (4) Duplication of services not allowed.--The Tribe shall 
        not be eligible to apply for or administer any Federal programs 
        or services on behalf of Indians recipients if such recipients 
        are receiving or are eligible to receive the same federally 
        funded programs or services from the Cherokee Nation.
            (5) Cooperative agreements.--Nothing in this section shall 
        restrict the Tribe and the Cherokee Nation from entering into 
        cooperative agreements to provide such programs or services and 
        such funding agreements shall be honored by Federal agencies, 
        unless otherwise prohibited by law.

SEC. 705. ESTABLISHMENT OF A TRIBAL ROLL.

    (a) Approval of Base Roll.--Not later than 180 days after the date 
of enactment of this Act, the Tribe shall submit to the Secretary for 
approval its base membership roll, which shall include only individuals 
who are not members of any other federally recognized Indian tribe or 
who have relinquished membership in such tribe and are eligible for 
membership under subsection (b).
    (b) Base Roll Eligibility.--An individual is eligible for 
enrollment on the base membership roll of the Tribe if that 
individual--
            (1) is on, or eligible to be on, the membership roll of 
        Cherokee Shawnees maintained by the Tribe prior to the date of 
        enactment of this Act which is separate from the membership 
        roll of the Cherokee Nation; or
            (2) is a lineal descendant of any person--
                    (A) who was issued a restricted fee patent to land 
                pursuant to Article 2 of the Treaty of May 10, 1854, 
                between the United States and the Tribe (10 Stat. 
                1053); or
                    (B) whose name was included on the 1871 Register of 
                names of those members of the Tribe who moved to, and 
                located in, the Cherokee Nation in Indian Territory 
                pursuant to the Agreement entered into by and between 
                the Tribe and the Cherokee Nation on June 7, 1869.
    (c) Future Membership.--Future membership in the Tribe shall be as 
determined under the eligibility requirements set out in subsection 
(b)(2) or under such future membership ordinance as the Tribe may 
adopt.

SEC. 706. ORGANIZATION OF THE TRIBE; TRIBAL CONSTITUTION.

    (a) Existing Constitution and Governing Body.--The existing 
constitution and bylaws of the Cherokee Shawnee and the officers and 
members of the Shawnee Tribal Business Committee, as constituted on the 
date of enactment of this Act, are hereby recognized respectively as 
the governing documents and governing body of the Tribe.
    (b) Constitution.--Notwithstanding subsection (a), the Tribe shall 
have a right to reorganize its tribal government pursuant to section 3 
of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 503).

SEC. 707. TRIBAL LAND.

    (a) Land Acquisition.--
            (1) In general.--The Tribe shall be eligible to have land 
        acquired in trust for its benefit pursuant to section 5 of the 
        Act of June 18, 1934 (48 Stat. 985; 25 U.S.C. 465) and section 
        1 of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 501).
            (2) Certain land in oklahoma.--Notwithstanding any other 
        provision of law but subject to subsection (b), if the Tribe 
        transfers any land within the boundaries of the State of 
        Oklahoma to the Secretary, the Secretary shall take such land 
        into trust for the benefit of the Tribe.
    (b) Restriction.--No land recognized by the Secretary to be within 
the Cherokee Nation or any other Indian tribe may be taken into trust 
for the benefit of the Tribe under this section without the consent of 
the Cherokee Nation or such other tribe, respectively.

SEC. 708. JURISDICTION.

    (a) In General.--The Tribe shall have jurisdiction over trust land 
and restricted land of the Tribe and its members to the same extent 
that the Cherokee Nation has jurisdiction over land recognized by the 
Secretary to be within the Cherokee Nation and its members, but only if 
such land--
            (1) is not recognized by the Secretary to be within the 
        jurisdiction of another federally recognized tribe; or
            (2) has been placed in trust or restricted status with the 
        consent of the federally recognized tribe within whose 
        jurisdiction the Secretary recognizes the land to be, and only 
        to the extent that the Tribe's jurisdiction has been agreed to 
        by that host tribe.
    (b) Rule of Construction.--Nothing in this title shall be construed 
to diminish or otherwise limit the jurisdiction of any Indian tribe 
that is federally recognized on the day before the date of enactment of 
this Act over trust land, restricted land, or other forms of Indian 
country of that Indian tribe on such date.

SEC. 709. INDIVIDUAL INDIAN LAND.

    Nothing in this title shall be construed to affect the restrictions 
against alienation of any individual Indian's land and those 
restrictions shall continue in force and effect.

SEC. 710. TREATIES NOT AFFECTED.

    No provision of this title shall be construed to constitute an 
amendment, modification, or interpretation of any treaty to which a 
tribe referred to in this title is a party nor to any right secured to 
such a tribe or to any other tribe by any treaty.

                   TITLE VIII--TECHNICAL CORRECTIONS

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Native American Laws Technical 
Corrections Act of 2000''.

             Subtitle A--Miscellaneous Technical Provisions

SEC. 811. TECHNICAL CORRECTION TO AN ACT AFFECTING THE STATUS OF 
              MISSISSIPPI CHOCTAW LANDS AND ADDING SUCH LANDS TO THE 
              CHOCTAW RESERVATION.

    Section 1(a)(2) of Public Law 106-228 (an Act to make technical 
corrections to the status of certain land held in trust for the 
Mississippi Band of Choctaw Indians, to take certain land into trust 
for that Band, and for other purposes) is amended by striking 
``September 28, 1999'' and inserting ``February 7, 2000''.

SEC. 812. TECHNICAL CORRECTIONS CONCERNING THE FIVE CIVILIZED TRIBES OF 
              OKLAHOMA.

    (a) Indian Self-Determination Act.--Section 1(b)(15)(A) of the 
model agreement set forth in section 108(c) of the Indian Self-
Determination Act (25 U.S.C. 450l(c)) is amended--
            (1) by striking ``and section 16'' and inserting ``, 
        section 16''; and
            (2) by striking ``shall not'' and inserting ``and the Act 
        of July 3, 1952 (25 U.S.C. 82a), shall not''.
    (b) Indian Self-Determination and Education Assistance Act.--
Section 403(h)(2) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 458cc(h)(2)) is amended--
            (1) by striking ``and section'' and inserting ``section''; 
        and
            (2) by striking ``shall not'' and inserting ``and the Act 
        of July 3, 1952 (25 U.S.C. 82a), shall not''.
    (c) Repeals.--The following provisions of law are repealed:
            (1) Section 2106 of the Revised Statutes (25 U.S.C. 84).
            (2) Sections 438 and 439 of title 18, United States Code.

SEC. 813. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO THE RED 
              LAKE BAND OF CHIPPEWA INDIANS AND THE MINNESOTA CHIPPEWA 
              TRIBES.

    (a) Red Lake Band of Chippewa Indians.--Notwithstanding any other 
provision of law, the balances of all expert assistance loans made to 
the Red Lake Band of Chippewa Indians under the authority of Public Law 
88-168 (77 Stat. 301), and relating to Red Lake Band v. United States 
(United States Court of Federal Claims Docket Nos. 189 A, B, C), are 
canceled and the Secretary of the Interior shall take such action as 
may be necessary to document such cancellation and to release the Red 
Lake Band of Chippewa Indians from any liability associated with such 
loans.
    (b) Minnesota Chippewa Tribe.--Notwithstanding any other provision 
of law, the balances of all expert assistance loans made to the 
Minnesota Chippewa Tribe under the authority of Public Law 88-168 (77 
Stat. 301), and relating to Minnesota Chippewa Tribe v. United States 
(United States Court of Federal Claims Docket Nos. 19 and 188), are 
canceled and the Secretary of the Interior shall take such action as 
may be necessary to document such cancellation and to release the 
Minnesota Chippewa Tribe from any liability associated with such loans.

SEC. 814. TECHNICAL AMENDMENT TO THE INDIAN CHILD PROTECTION AND FAMILY 
              VIOLENCE PROTECTION ACT.

    Section 408(b) of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3207(b)) is amended--
            (1) by striking ``any offense'' and inserting ``any 
        felonious offense, or any of 2 of more misdemeanor offenses,''; 
        and
            (2) by striking ``or crimes against persons'' and inserting 
        ``crimes against persons; or offenses committed against 
        children''.

SEC. 815. TECHNICAL AMENDMENT TO EXTEND THE AUTHORIZATION PERIOD UNDER 
              THE INDIAN HEALTH CARE IMPROVEMENT ACT.

    The authorization of appropriations for, and the duration of, each 
program or activity under the Indian Health Care Improvement Act (25 
U.S.C. 1601 et seq.) is extended through fiscal year 2001.

SEC. 816. TECHNICAL AMENDMENT TO EXTEND THE AUTHORIZATION PERIOD UNDER 
              THE INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND 
              TREATMENT ACT OF 1986.

    The authorization of appropriations for, and the duration of, each 
program or activity under the Indian Alcohol and Substance Abuse 
Prevention and Treatment Act of 1986 (25 U.S.C. 2401 et seq.) is 
extended through fiscal year 2001.

SEC. 817. MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL 
              ENVIRONMENTAL POLICY FOUNDATION.

    (a) Authority.--Section 6(7) of the Morris K. Udall Scholarship and 
Excellence in National Environmental and Native American Public Policy 
Act of 1992 (20 U.S.C. 5604(7)) is amended by inserting before the 
semicolon at the end the following: ``, by conducting management and 
leadership training of Native Americans, Alaska Natives, and others 
involved in tribal leadership, providing assistance and resources for 
policy analysis, and carrying out other appropriate activities.''.
    (b) Administrative Provisions.--Section 12(b) of the Morris K. 
Udall Scholarship and Excellence in National Environmental and Native 
American Public Policy Act of 1992 (20 U.S.C. 5608(b)) is amended by 
inserting before the period at the end the following: ``and to the 
activities of the Foundation under section 6(7)''.
    (c) Authorization of Appropriations.--Section 13 of the Morris K. 
Udall Scholarship and Excellence in National Environmental and Native 
American Public Policy Act of 1992 (20 U.S.C. 5609) is amended by 
adding at the end the following:
    ``(c) Training of Professionals in Health Care and Public Policy.--
There is authorized to be appropriated to carry out section 6(7) 
$12,300,000 for the 5-fiscal year period beginning with the fiscal year 
in which this subsection is enacted.''.

SEC. 818. TECHNICAL AMENDMENT REGARDING THE TREATMENT OF CERTAIN INCOME 
              FOR PURPOSES OF FEDERAL ASSISTANCE.

    Section 7 of the Act of October 19, 1973 (25 U.S.C. 1407) is 
amended--
            (1) in paragraph (2), by striking ``or'' at the end;
            (2) in paragraph (3), by adding ``or'' at the end; and
            (3) by inserting after paragraph (3), the following:
            ``(4) are paid by the State of Minnesota to the Bois Forte 
        Band of Chippewa Indians pursuant to the agreements of such 
        Band to voluntarily restrict tribal rights to hunt and fish in 
        territory cede under the Treaty of September 30, 1854 (10 Stat. 
        1109), including all interest accrued on such funds during any 
        period in which such funds are held in a minor's trust,''.

SEC. 819. LAND TO BE TAKEN INTO TRUST.

    Notwithstanding any other provision of law, the Secretary of the 
Interior shall accept for the benefit of the Lytton Rancheria of 
California the land described in that certain grant deed dated and 
recorded on October 16, 2000, in the official records of the County of 
Contra Costa, California, Deed Instrument Number 2000-229754. The 
Secretary shall declare that such land is held in trust by the United 
States for the benefit of the Rancheria and that such land is part of 
the reservation of such Rancheria under sections 5 and 7 of the Act of 
June 18, 1934 (48 Stat. 985; 25 U.S.C. 467). Such land shall be deemed 
to have been held in trust and part of the reservation of the Rancheria 
prior to October 17, 1988.

                   Subtitle B--Santa Fe Indian School

SEC. 821. SHORT TITLE.

    This subtitle may be cited as the ``Santa Fe Indian School Act''.

SEC. 822. DEFINITIONS.

    In this subtitle:
            (1) 19 pueblos.--The term ``19 Pueblos'' means the Indian 
        pueblos of Acoma, Cochiti Isleta, Jemen, Laguna, Nambe, 
        Picuris, Pojoaque, San Felipe, San Ildefonso, San Juan, Sandia, 
        Santa Ana, Santa Clara, Santo Domingo, Taos, Tesuque, Zia, and 
        Zuni.
            (2) Santa fe indian school, Inc..--The term ``Santa Fe 
        Indian School, Inc.'' means a corporation chartered under laws 
        of the State of New Mexico.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 823. TRANSFER OF CERTAIN LANDS FOR USE AS THE SANTA FE INDIAN 
              SCHOOL.

    (a) In General.--All right, title, and interest of the United 
States in and to the land, including improvements and appurtenances 
thereto, described in subsection (b) are declared to be held in trust 
for the benefit of the 19 Pueblos of New Mexico.
    (b) Land.--
            (1) In general.--The land described in this subsection is 
        the tract of land, located in the city and county of Santa Fe, 
        New Mexico, upon which the Santa Fe Indian School is located 
        and more particularly described as all that certain real 
        property, excluding the tracts described in paragraph (2), as 
        shown in the United Sates General Land Office Plat of the 
        United States Indian School Tract dated March 19, 1937, and 
        recorded at Book 363, Page 024, Office of the Clerk, Santa Fe 
        County, New Mexico, containing a total acreage of 131.43 acres, 
        more or less.
            (2) Exclusions.--The excluded tracts described in this 
        paragraph are all portions of any tracts heretofore conveyed by 
        the deeds recorded in the Office of the Clerk, Santa Fe County, 
        New Mexico, at--
                    (A) Book 114, Page 106, containing 0.518 acres, 
                more or less;
                    (B) Book 122, Page 45, containing 0.238 acres, more 
                or less;
                    (C) Book 123, Page 228, containing 14.95, more or 
                less; and
                    (D) Book 130, Page 84, containing 0.227 acres, more 
                or less;
        leaving, as the net acreage to be included in the land 
        described in paragraph (1) and taken into trust pursuant to 
        subsection (a), a tract containing 115.5 acres, more or less.
    (c) Limitations and Conditions.--The land taken into trust pursuant 
to subsection (a) shall remain subject to--
            (1) any existing encumbrances, rights of way, restrictions, 
        or easements of record;
            (2) the right of the Indian Health Service to continue use 
        and occupancy of 10.23 acres of such land which are currently 
        occupied by the Santa Fe Indian Hospital and its parking 
        facilities as more fully described as Parcel ``A'' in legal 
        description No. Pd-K-51-06-01 and recorded as Document No. 059-
        3-778, Bureau of Indian Affairs Land Title & Records Office, 
        Albuquerque, New Mexico; and
            (3) the right of the United States to use, without cost, 
        additional portions of land transferred pursuant to this 
        section, which are contiguous to the land described in 
        paragraph (2), for purposes of the Indian Health Service.

SEC. 824. LAND USE.

    (a) Limitation for Educational and Cultural Purposes.--The land 
taken into trust under section 823(a) shall be used solely for the 
educational, health, or cultural purposes of the Santa Fe Indian 
School, including use for related non-profit or technical programs, as 
operated by Santa Fe Indian School, Inc. on the date of enactment of 
this Act.
    (b) Reversion.--
            (1) In general.--If the Secretary determines that the land 
        taken into trust under section 823(a) is not being used as 
        required under subsection (a), the Secretary shall provide 
        appropriate notice to the 19 Pueblos of such noncompliance and 
        require the 19 Pueblos to comply with the requirements of this 
        subtitle.
            (2) Continued failure to comply.--If the Secretary, after 
        providing notice under paragraph (1) and after the expiration 
        of a reasonable period of time, determines that the 
        noncompliance that was the subject of the notice has not been 
        corrected, the land shall revert to the United States.
    (c) Applicability of Laws.--Except as otherwise provided in this 
subtitle, the land taken into trust under section 823(a) shall be 
subject to the laws of the United States relating to Indian lands.
    (d) Gaming.--Gaming, as defined and regulated by the Indian Gaming 
Regulatory Act (25 U.S.C. 2701 et seq.), shall be prohibited on the 
land taken into trust under subsection (a).

               TITLE IX--CALIFORNIA INDIAN LAND TRANSFER

SEC. 901. SHORT TITLE.

    This title may be cited as the ``California Indian Land Transfer 
Act''.

SEC. 902. LANDS HELD IN TRUST FOR VARIOUS TRIBES OF CALIFORNIA INDIANS.

    (a) In General.--Subject to valid existing rights, all right, 
title, and interest of the United States in and to the lands, including 
improvements and appurtenances, described in a paragraph of subsection 
(b) in connection with the respective tribe, band, or group of Indians 
named in such paragraph are hereby declared to be held in trust by the 
United States for the benefit of such tribe, band, or group. Real 
property taken into trust pursuant to this subsection shall not be 
considered to have been taken into trust for gaming (as that term is 
used in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)).
    (b) Lands Described.--The lands described in this subsection, 
comprising approximately 3,525.8 acres, and the respective tribe, band, 
or group, are as follows:
            (1) Pit river tribe.--Lands to be held in trust for the Pit 
        River Tribe are comprised of approximately 561.69 acres 
        described as follows:
                            Mount Diablo Base and Meridian

                    Township 42 North, Range 13 East

    Section 3:
            S\1/2\ NW\1/4\, NW\1/4\ NW\1/4\, 120 acres.

                    Township 43 North, Range 13 East

    Section 1:
            N\1/2\ NE\1/4\, 80 acres,
    Section 22:
            SE\1/4\ SE\1/4\, 40 acres,
    Section 25:
            SE\1/4\ NW\1/4\, 40 acres,
    Section 26:
            SW\1/4\ SE\1/4\, 40 acres,
    Section 27:
            SE\1/4\ NW\1/4\, 40 acres,
    Section 28:
            NE\1/4\ SW\1/4\, 40 acres,
    Section 32:
            SE\1/4\ SE\1/4\, 40 acres,
    Section 34:
            SE\1/4\ NW\1/4\, 40 acres,

                   Township 44 North, Range 14 East,

    Section 31:
            S\1/2\ SW\1/4\, 80 acres.
            (2) Fort independence community of paiute indians.--Lands 
        to be held in trust for the Fort Independence Community of 
        Paiute Indians are comprised of approximately 200.06 acres 
        described as follows:
                            Mount Diablo Base and Meridian

                    Township 13 South, Range 34 East

    Section 1:
            W\1/2\ of Lot 5 in the NE<plus-minus>\1/4\, Lot 3, E\1/2\ 
        of Lot 4, and E\1/2\ of Lot 5 in the NW\1/4\.
            (3) Barona group of capitan grande band of mission 
        indians.--Lands to be held in trust for the Barona Group of 
        Capitan Grande Band of Mission Indians are comprised of 
        approximately 5.03 acres described as follows:
                            San Bernardino Base and Meridian

                    Township 14 South, Range 2 East

    Section 7, Lot 15.
            (4) Cuyapaipe band of mission indians.--Lands to be held in 
        trust for the Cuyapaipe Band of Mission Indians are comprised 
        of approximately 1,360 acres described as follows:
                            San Bernardino Base and Meridian

                    Township 15 South, Range 6 East

    Section 21:
            All of this section.
    Section 31:
            NE\1/4\, N\1/2\SE\1/4\, SE\1/4\SE\1/4\.
    Section 32:
            W\1/2\SW\1/4\, NE\1/4\SW\1/4\, NW\1/4\SE\1/4\.
    Section 33:
            SE\1/4\, SW\1/4\SW\1/4\, E\1/2\SW\1/4\.
            (5) Manzanita band of mission indians.--Lands to be held in 
        trust for the Manzanita Band of Mission Indians are comprised 
        of approximately 1,000.78 acres described as follows:
                            San Bernardino Base and Meridian

                    Township 16 South, Range 6 East

    Section 21:
            Lots 1, 2, 3, and 4, S\1/2\.
    Section 25:
            Lots 2 and 5.
    Section 28:
            Lots, 1, 2, 3, and 4, N\1/2\SE\1/4\.
            (6) Morongo band of mission indians.--Lands to be held in 
        trust for the Morongo Band of Mission Indians are comprised of 
        approximately 40 acres described as follows:
                            San Bernardino Base and Meridian

                     Township 3 South, Range 2 East

    Section 20:
            NW\1/4\ of NE\1/4\.
            (7) Pala band of mission indians.--Lands to be held in 
        trust for the Pala Band of Mission Indians are comprised of 
        approximately 59.20 acres described as follows:
                            San Bernardino Base and Meridian

                     Township 9 South, Range 2 West

    Section 13, Lot 1, and Section 14, Lots 1, 2, 3.
            (8) Fort bidwell community of paiute indians.--Lands to be 
        held in trust for the Fort Bidwell Community of Paiute Indians 
        are comprised of approximately 299.04 acres described as 
        follows:
                            Mount Diablo Base and Meridian

                    Township 46 North, Range 16 East

    Section 8:
            SW\1/4\SW\1/4\.
    Section 19:
            Lots 5, 6, 7.
            S\1/2\NE\1/4\, SE\1/4\NW\1/4\, NE\1/4\SE\1/4\.
    Section 20:
            Lot 1.

SEC. 903. MISCELLANEOUS PROVISIONS.

    (a) Proceeds From Rents and Royalties Transferred to Indians.--
Amounts which accrue to the United States after the date of the 
enactment of this Act from sales, bonuses, royalties, and rentals 
relating to any land described in section 902 shall be available for 
use or obligation, in such manner and for such purposes as the 
Secretary may approve, by the tribe, band, or group of Indians for 
whose benefit such land is taken into trust.
    (b) Notice of Cancellation of Grazing Preferences.--Grazing 
preferences on lands described in section 902 shall terminate 2 years 
after the date of the enactment of this Act.
    (c) Laws Governing Lands To Be Held in Trust.--
            (1) In general.--Any lands which are to be held in trust 
        for the benefit of any tribe, band, or group of Indians 
        pursuant to this Act shall be added to the existing reservation 
        of the tribe, band, or group, and the official boundaries of 
        the reservation shall be modified accordingly.
            (2) Applicability of laws of the united states.--The lands 
        referred to in paragraph (1) shall be subject to the laws of 
        the United States relating to Indian land in the same manner 
        and to the same extent as other lands held in trust for such 
        tribe, band, or group on the day before the date of enactment 
        of this Act.

                 TITLE X--NATIVE AMERICAN HOMEOWNERSHIP

SEC. 1001. LANDS TITLE REPORT COMMISSION.

    (a) Establishment.--Subject to sums being provided in advance in 
appropriations Acts, there is established a Commission to be known as 
the Lands Title Report Commission (hereafter in this section referred 
to as the ``Commission'') to facilitate home loan mortgages on Indian 
trust lands. The Commission will be subject to oversight by the 
Committee on Banking and Financial Services of the House of 
Representatives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate.
    (b) Membership.--
            (1) Appointment.--The Commission shall be composed of 12 
        members, appointed not later than 90 days after the date of the 
        enactment of this Act as follows:
                    (A) Four members shall be appointed by the 
                President.
                    (B) Four members shall be appointed by the 
                chairperson of the Committee on Banking and Financial 
                Services of the House of Representatives.
                    (C) Four members shall be appointed by the 
                chairperson of the Committee on Banking, Housing, and 
                Urban Affairs of the Senate.
            (2) Qualifications.--
                    (A) Members of tribes.--At all times, not less than 
                8 of the members of the Commission shall be members of 
                federally recognized Indian tribes.
                    (B) Experience in land title matters.--All members 
                of the Commission shall have experience in and 
                knowledge of land title matters relating to Indian 
                trust lands.
            (3) Chairperson.--The Chairperson of the Commission shall 
        be one of the members of the Commission appointed under 
        paragraph (1)(C), as elected by the members of the Commission.
            (4) Vacancies.--Any vacancy on the Commission shall not 
        affect its powers, but shall be filled in the manner in which 
        the original appointment was made.
            (5) Travel expenses.--Members of the Commission shall serve 
        without pay, but each member shall receive travel expenses, 
        including per diem in lieu of subsistence, in accordance with 
        sections 5702 and 5703 of title 5, United States Code.
    (c) Initial Meeting.--The Chairperson of the Commission shall call 
the initial meeting of the Commission. Such meeting shall be held 
within 30 days after the Chairperson of the Commission determines that 
sums sufficient for the Commission to carry out its duties under this 
Act have been appropriated for such purpose.
    (d) Duties.--The Commission shall analyze the system of the Bureau 
of Indian Affairs of the Department of the Interior for maintaining 
land ownership records and title documents and issuing certified title 
status reports relating to Indian trust lands and, pursuant to such 
analysis, determine how best to improve or replace the system--
            (1) to ensure prompt and accurate responses to requests for 
        title status reports;
            (2) to eliminate any backlog of requests for title status 
        reports; and
            (3) to ensure that the administration of the system will 
        not in any way impair or restrict the ability of Native 
        Americans to obtain conventional loans for purchase of 
        residences located on Indian trust lands, including any actions 
        necessary to ensure that the system will promptly be able to 
        meet future demands for certified title status reports, taking 
        into account the anticipated complexity and volume of such 
        requests.
    (e) Report.--Not later than the date of the termination of the 
Commission under subsection (h), the Commission shall submit a report 
to the Committee on Banking and Financial Services of the House of 
Representatives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate describing the analysis and determinations made 
pursuant to subsection (d).
    (f) Powers.--
            (1) Hearings and sessions.--The Commission may, for the 
        purpose of carrying out this section, hold hearings, sit and 
        act at times and places, take testimony, and receive evidence 
        as the Commission considers appropriate.
            (2) Staff of federal agencies.--Upon request of the 
        Commission, the head of any Federal department or agency may 
        detail, on a reimbursable basis, any of the personnel of that 
        department or agency to the Commission to assist it in carrying 
        out its duties under this section.
            (3) Obtaining official data.--The Commission may secure 
        directly from any department or agency of the United States 
        information necessary to enable it to carry out this section. 
        Upon request of the Chairperson of the Commission, the head of 
        that department or agency shall furnish that information to the 
        Commission.
            (4) Mails.--The Commission may use the United States mails 
        in the same manner and under the same conditions as other 
        departments and agencies of the United States.
            (5) Administrative support services.--Upon the request of 
        the Commission, the Administrator of General Services shall 
        provide to the Commission, on a reimbursable basis, the 
        administrative support services necessary for the Commission to 
        carry out its duties under this section.
            (6) Staff.--The Commission may appoint personnel as it 
        considers appropriate, subject to the provisions of title 5, 
        United States Code, governing appointments in the competitive 
        service, and shall pay such personnel in accordance with the 
        provisions of chapter 51 and subchapter III of chapter 53 of 
        that title relating to classification and General Schedule pay 
        rates.
    (g) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $500,000. Such sums shall remain 
available until expended.
    (h) Termination.--The Commission shall terminate 1 year after the 
date of the initial meeting of the Commission.

SEC. 1002. LOAN GUARANTEES.

    Section 184(i) of the Housing and Community Development Act of 1992 
(12 U.S.C. 1715z-13a(i)) is amended--
            (1) in paragraph (5), by striking subparagraph (C) and 
        inserting the following new subparagraph:
                    ``(C) Limitation on outstanding aggregate principal 
                amount.--Subject to the limitations in subparagraphs 
                (A) and (B), the Secretary may enter into commitments 
                to guarantee loans under this section in each fiscal 
                year with an aggregate outstanding principal amount not 
                exceeding such amount as may be provided in 
                appropriation Acts for such fiscal year.''; and
            (2) in paragraph (7), by striking ``each of fiscal years 
        1997, 1998, 1999, 2000, and 2001'' and inserting ``each fiscal 
        year''.

SEC. 1003. NATIVE AMERICAN HOUSING ASSISTANCE.

    (a) Restriction on Waiver Authority.--
            (1) In general.--Section 101(b)(2) of the Native American 
        Housing Assistance and Self-Determination Act of 1996 (25 
        U.S.C. 4111(b)(2)) is amended by striking ``if the Secretary'' 
        and all that follows through the period at the end and 
        inserting the following: ``for a period of not more than 90 
        days, if the Secretary determines that an Indian tribe has not 
        complied with, or is unable to comply with, those requirements 
        due to exigent circumstances beyond the control of the Indian 
        tribe.''.
            (2) Local cooperation agreement.--Section 101(c) of the 
        Native American Housing Assistance and Self-Determination Act 
        of 1996 (25 U.S.C. 4111(c)) is amended by adding at the end the 
        following: ``The Secretary may waive the requirements of this 
        subsection and subsection (d) if the recipient has made a good 
        faith effort to fulfill the requirements of this subsection and 
        subsection (d) and agrees to make payments in lieu of taxes to 
        the appropriate taxing authority in an amount consistent with 
        the requirements of subsection (d)(2) until such time as the 
        matter of making such payments has been resolved in accordance 
        with subsection (d).''.
    (b) Assistance to Families That Are Not Low-Income.--Section 102(c) 
of the Native American Housing Assistance and Self-Determination Act of 
1996 (25 U.S.C. 4112(c)) is amended by adding at the end the following:
            ``(6) Certain families.--With respect to assistance 
        provided under section 201(b)(2) by a recipient to Indian 
        families that are not low-income families, evidence that there 
        is a need for housing for each such family during that period 
        that cannot reasonably be met without such assistance.''.
    (c) Elimination of Waiver Authority for Small Tribes.--Section 102 
of the Native American Housing Assistance and Self-Determination Act of 
1996 (25 U.S.C. 4112) is amended--
            (1) by striking subsection (f); and
            (2) by redesignating subsection (g) as subsection (f).
    (d) Environmental Compliance.--Section 105 of the Native American 
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4115) 
is amended by adding at the end the following:
    ``(d) Environmental Compliance.--The Secretary may waive the 
requirements under this section if the Secretary determines that a 
failure on the part of a recipient to comply with provisions of this 
section--
            ``(1) will not frustrate the goals of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) or 
        any other provision of law that furthers the goals of that Act;
            ``(2) does not threaten the health or safety of the 
        community involved by posing an immediate or long-term hazard 
        to residents of that community;
            ``(3) is a result of inadvertent error, including an 
        incorrect or incomplete certification provided under subsection 
        (c)(1); and
            ``(4) may be corrected through the sole action of the 
        recipient.''.
    (e) Eligibility of Law Enforcement Officers for Housing 
Assistance.--Section 201(b) of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4131(b)) is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (4)'';
            (2) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively; and
            (3) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) Law enforcement officers.--A recipient may provide 
        housing or housing assistance provided through affordable 
        housing activities assisted with grant amounts under this Act 
        for a law enforcement officer on an Indian reservation or other 
        Indian area, if--
                    ``(A) the officer--
                            ``(i) is employed on a full-time basis by 
                        the Federal Government or a State, county, or 
                        lawfully recognized tribal government; and
                            ``(ii) in implementing such full-time 
                        employment, is sworn to uphold, and make 
                        arrests for, violations of Federal, State, 
                        county, or tribal law; and
                    ``(B) the recipient determines that the presence of 
                the law enforcement officer on the Indian reservation 
                or other Indian area may deter crime.''.
    (f) Oversight.--
            (1) Repayment.--Section 209 of the Native American Housing 
        Assistance and Self-Determination Act of 1996 (25 U.S.C. 4139) 
        is amended to read as follows:

``SEC. 209. NONCOMPLIANCE WITH AFFORDABLE HOUSING REQUIREMENT.

    ``If a recipient uses grant amounts to provide affordable housing 
under this title, and at any time during the useful life of the housing 
the recipient does not comply with the requirement under section 
205(a)(2), the Secretary shall take appropriate action under section 
401(a).''.
            (2) Audits and reviews.--Section 405 of the Native American 
        Housing Assistance and Self-Determination Act of 1996 (25 
        U.S.C. 4165) is amended to read as follows:

``SEC. 405. REVIEW AND AUDIT BY SECRETARY.

    ``(a) Requirements Under Chapter 75 of Title 31, United States 
Code.--An entity designated by an Indian tribe as a housing entity 
shall be treated, for purposes of chapter 75 of title 31, United States 
Code, as a non-Federal entity that is subject to the audit requirements 
that apply to non-Federal entities under that chapter.
    ``(b) Additional Reviews and Audits.--
            ``(1) In general.--In addition to any audit or review under 
        subsection (a), to the extent the Secretary determines such 
        action to be appropriate, the Secretary may conduct an audit or 
        review of a recipient in order to--
                    ``(A) determine whether the recipient--
                            ``(i) has carried out--
                                    ``(I) eligible activities in a 
                                timely manner; and
                                    ``(II) eligible activities and 
                                certification in accordance with this 
                                Act and other applicable law;
                            ``(ii) has a continuing capacity to carry 
                        out eligible activities in a timely manner; and
                            ``(iii) is in compliance with the Indian 
                        housing plan of the recipient; and
                    ``(B) verify the accuracy of information contained 
                in any performance report submitted by the recipient 
                under section 404.
            ``(2) On-site visits.--To the extent practicable, the 
        reviews and audits conducted under this subsection shall 
        include on-site visits by the appropriate official of the 
        Department of Housing and Urban Development.
    ``(c) Review of Reports.--
            ``(1) In general.--The Secretary shall provide each 
        recipient that is the subject of a report made by the Secretary 
        under this section notice that the recipient may review and 
        comment on the report during a period of not less than 30 days 
        after the date on which notice is issued under this paragraph.
            ``(2) Public availability.--After taking into consideration 
        any comments of the recipient under paragraph (1), the 
        Secretary--
                    ``(A) may revise the report; and
                    ``(B) not later than 30 days after the date on 
                which those comments are received, shall make the 
                comments and the report (with any revisions made under 
                subparagraph (A)) readily available to the public.
    ``(d) Effect of Reviews.--Subject to section 401(a), after 
reviewing the reports and audits relating to a recipient that are 
submitted to the Secretary under this section, the Secretary may adjust 
the amount of a grant made to a recipient under this Act in accordance 
with the findings of the Secretary with respect to those reports and 
audits.''.
    (g) Allocation Formula.--Section 302(d)(1) of the Native American 
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 
4152(d)(1)) is amended--
            (1) by striking ``The formula,'' and inserting the 
        following:
                    ``(A) In general.--Except with respect to an Indian 
                tribe described in subparagraph (B), the formula''; and
            (2) by adding at the end the following:
                    ``(B) Certain indian tribes.--With respect to 
                fiscal year 2001 and each fiscal year thereafter, for 
                any Indian tribe with an Indian housing authority that 
                owns or operates fewer than 250 public housing units, 
                the formula shall provide that if the amount provided 
                for a fiscal year in which the total amount made 
                available for assistance under this Act is equal to or 
                greater than the amount made available for fiscal year 
                1996 for assistance for the operation and modernization 
                of the public housing referred to in subparagraph (A), 
                then the amount provided to that Indian tribe as 
                modernization assistance shall be equal to the average 
                annual amount of funds provided to the Indian tribe 
                (other than funds provided as emergency assistance) 
                under the assistance program under section 14 of the 
                United States Housing Act of 1937 (42 U.S.C. 1437l) for 
                the period beginning with fiscal year 1992 and ending 
                with fiscal year 1997.''.
    (h) Hearing Requirement.--Section 401(a) of the Native American 
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 
4161(a)) is amended--
            (1) by redesignating paragraphs (1) through (4) as 
        subparagraphs (A) through (D), respectively, and realigning 
        such subparagraphs (as so redesignated) so as to be indented 4 
        ems from the left margin;
            (2) by striking ``Except as provided'' and inserting the 
        following:
            ``(1) In general.--Except as provided'';
            (3) by striking ``If the Secretary takes an action under 
        paragraph (1), (2), or (3)'' and inserting the following:
            ``(2) Continuance of actions.--If the Secretary takes an 
        action under subparagraph (A), (B), or (C) of paragraph (1)''; 
        and
            (4) by adding at the end the following:
            ``(3) Exception for certain actions.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this subsection, if the Secretary makes a 
                determination that the failure of a recipient of 
                assistance under this Act to comply substantially with 
                any material provision (as that term is defined by the 
                Secretary) of this Act is resulting, and would continue 
                to result, in a continuing expenditure of Federal funds 
                in a manner that is not authorized by law, the 
                Secretary may take an action described in paragraph 
                (1)(C) before conducting a hearing.
                    ``(B) Procedural requirement.--If the Secretary 
                takes an action described in subparagraph (A), the 
                Secretary shall--
                            ``(i) provide notice to the recipient at 
                        the time that the Secretary takes that action; 
                        and
                            ``(ii) conduct a hearing not later than 60 
                        days after the date on which the Secretary 
                        provides notice under clause (i).
                    ``(C) Determination.--Upon completion of a hearing 
                under this paragraph, the Secretary shall make a 
                determination regarding whether to continue taking the 
                action that is the subject of the hearing, or take 
                another action under this subsection.''.
    (i) Performance Agreement Time Limit.--Section 401(b) of the Native 
American Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4161(b)) is amended--
            (1) by striking ``If the Secretary'' and inserting the 
        following:
            ``(1) In general.--If the Secretary'';
            (2) by striking ``(1) is not'' and inserting the following:
                    ``(A) is not'';
            (3) by striking ``(2) is a result'' and inserting the 
        following:
                    ``(B) is a result'';
            (4) in the flush material following paragraph (1)(B), as 
        redesignated by paragraph (3) of this subsection--
                    (A) by realigning such material so as to be 
                indented 2 ems from the left margin; and
                    (B) by inserting before the period at the end the 
                following: ``, if the recipient enters into a 
                performance agreement with the Secretary that specifies 
                the compliance objectives that the recipient will be 
                required to achieve by the termination date of the 
                performance agreement''; and
            (5) by adding at the end the following:
            ``(2) Performance agreement.--The period of a performance 
        agreement described in paragraph (1) shall be for 1 year.
            ``(3) Review.--Upon the termination of a performance 
        agreement entered into under paragraph (1), the Secretary shall 
        review the performance of the recipient that is a party to the 
        agreement.
            ``(4) Effect of review.--If, on the basis of a review under 
        paragraph (3), the Secretary determines that the recipient--
                    ``(A) has made a good faith effort to meet the 
                compliance objectives specified in the agreement, the 
                Secretary may enter into an additional performance 
                agreement for the period specified in paragraph (2); 
                and
                    ``(B) has failed to make a good faith effort to 
                meet applicable compliance objectives, the Secretary 
                shall determine the recipient to have failed to comply 
                substantially with this Act, and the recipient shall be 
                subject to an action under subsection (a).''.
    (j) Labor Standards.--Section 104(b) of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4114(b) is 
amended--
            (1) in paragraph (1), by striking ``Davis-Bacon Act (40 
        U.S.C. 276a-276a-5)'' and inserting ``Act of March 3, 1931 
        (commonly known as the Davis-Bacon Act; chapter 411; 46 Stat. 
        1494; 40 U.S.C 276a et seq.)''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Application of tribal laws.--Paragraph (1) shall not 
        apply to any contract or agreement for assistance, sale, or 
        lease pursuant to this Act, if such contract or agreement is 
        otherwise covered by one or more laws or regulations adopted by 
        an Indian tribe that requires the payment of not less than 
        prevailing wages, as determined by the Indian tribe.''.
    (k) Technical and Conforming Amendments.--
            (1) Table of contents.--Section 1(b) of the Native American 
        Housing Assistance and Self-Determination Act of 1996 (25 
        U.S.C. 4101 note) is amended in the table of contents--
                    (A) by striking the item relating to section 206; 
                and
                    (B) by striking the item relating to section 209 
                and inserting the following:

``209. Noncompliance with affordable housing requirement.''.
            (2) Certification of compliance with subsidy layering 
        requirements.--Section 206 of the Native American Housing 
        Assistance and Self-Determination Act of 1996 (25 U.S.C. 4136) 
        is repealed.
            (3) Terminations.--Section 502(a) of the Native American 
        Housing Assistance and Self-Determination Act of 1996 (25 
        U.S.C. 4181(a)) is amended by adding at the end the following: 
        ``Any housing that is the subject of a contract for tenant-
        based assistance between the Secretary and an Indian housing 
        authority that is terminated under this section shall, for the 
        following fiscal year and each fiscal year thereafter, be 
        considered to be a dwelling unit under section 302(b)(1).''.

       TITLE XI--INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Indian Employment, Training, and 
Related Services Demonstration Act Amendments of 2000''.

SEC. 1102. FINDINGS, PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) Indian tribes and Alaska Native organizations that have 
        participated in carrying out programs under the Indian 
        Employment, Training, and Related Services Demonstration Act of 
        1992 (25 U.S.C. 3401 et seq.) have--
                    (A) improved the effectiveness of employment-
                related services provided by those tribes and 
                organizations to their members;
                    (B) enabled more Indian and Alaska Native people to 
                prepare for and secure employment;
                    (C) assisted in transitioning tribal members from 
                welfare to work; and
                    (D) otherwise demonstrated the value of integrating 
                employment, training, education and related services.
                    (E) the initiatives under the Indian Employment, 
                Training, and Related Services Demonstration Act of 
                1992 should be strengthened by ensuring that all 
                Federal programs that emphasize the value of work may 
                be included within a demonstration program of an Indian 
                or Alaska Native organization; and
                    (F) the initiatives under the Indian Employment, 
                Training, and Related Services Demonstration Act of 
                1992 should have the benefit of the support and 
                attention of the officials with policymaking authority 
                of--
                            (i) the Department of the Interior; or
                            (ii) other Federal agencies that administer 
                        programs covered by the Indian Employment, 
                        Training, and Related Services Demonstration 
                        Act of 1992.
    (b) Purposes.--The purposes of this title are to demonstrate how 
Indian tribal governments can integrate the employment, training, and 
related services they provide in order to improve the effectiveness of 
those services, reduce joblessness in Indian communities, foster 
economic development on Indian lands, and serve tribally-determined 
goals consistent with the policies of self-determination and self-
governance.

SEC. 1103. AMENDMENTS TO THE INDIAN EMPLOYMENT, TRAINING AND RELATED 
              SERVICES DEMONSTRATION ACT OF 1992.

    (a) Definitions.--Section 3 of the Indian Employment, Training, and 
Related Services Demonstration Act of 1992 (25 U.S.C. 3402) is 
amended--
            (1) by redesignating paragraphs (1) through (3) as 
        paragraphs (2) through (4), respectively; and
            (2) by inserting before paragraph (2) the following:
            ``(1) Federal agency.--The term `federal agency' has the 
        same meaning given the term `agency' in section 551(1) of title 
        5, United States Code.''.
    (b) Programs Affected.--Section 5 of the Indian Employment, 
Training, and Related Services Demonstration Act of 1992 (25 U.S.C. 
3404) is amended by striking ``job training, tribal work experience, 
employment opportunities, or skill development, or any program designed 
for the enhancement of job opportunities or employment training'' and 
inserting the following: ``assisting Indian youth and adults to succeed 
in the workforce, encouraging self-sufficiency, familiarizing Indian 
Youth and adults with the world of work, facilitating the creation of 
job opportunities and any services related to these activities''.
    (c) Plan Review.--Section 7 of the Indian Employment, Training, and 
Related Services Demonstration Act of 1992 (25 U.S.C. 3406) is 
amended--
            (1) by striking ``Federal department'' and inserting 
        ``Federal agency'';
            (2) by striking ``Federal departmental'' and inserting 
        ``Federal agency'';
            (3) by striking ``department'' each place it appears and 
        inserting ``agency''; and
            (4) in the third sentence, by inserting ``statutory 
        requirement,'', after ``to waive any''.
    (d) Plan Approval.--Section 8 of the Indian Employment, Training, 
and Related Services Demonstration Act of 1992 (25 U.S.C. 3407) is 
amended--
            (1) in the first sentence, by inserting before the period 
        at the end the following; ``, including any request for a 
        waiver that is made as part of the plan submitted by the tribal 
        government''; and
            (2) in the second sentence, by inserting before the period 
        at the end the following: ``, including reconsidering the 
        disapproval of any waiver requested by the Indian tribe''.
    (e) Job Creation Activities Authorized.--Section 9 of the Indian 
Employment, Training, and Related Services Demonstration Act of 1992 
(25 U.S.C. 3407) is amended--
            (1) by inserting ``(a) In General.--'' before ``The plan 
        submitted''; and
            (2) by adding at the end the following:
    ``(b) Job Creation Opportunities.--
            ``(1) In general.--Notwithstanding any other provisions of 
        law, including any requirement of a program that is integrated 
        under a plan under this Act, a tribal government may use a 
        percentage of the funds made available under this Act (as 
        determined under paragraph (2)) for the creation of employment 
        opportunities, including providing private sector training 
        placement under section 10.
            ``(2) Determination of percentage.--The percentage of funds 
        that a tribal government may use under this subsection is the 
        greater of--
                    ``(A) the rate of unemployment in the service area 
                of the tribe up to a maximum of 25 percent; or
                    ``(B) 10 percent.
    ``(c) Limitation.--The funds used for an expenditure described in 
subsection (a) may only include funds made available to the Indian 
tribe by a Federal agency under a statutory or administrative 
formula.''.

SEC. 1104. REPORT ON EXPANDING THE OPPORTUNITIES FOR PROGRAM 
              INTEGRATION.

    Not later than one year after the date of enactment of this title, 
the Secretary, the Secretary of Health and Human Services, the 
Secretary of Labor, and the tribes and organizations participating in 
the integration initiative under this title shall submit a report to 
the Committee on Indian Affairs of the Senate and the Committee on 
Resources of the House of Representatives on the opportunities for 
expanding the integration of human resource development and economic 
development programs under this title, and the feasibility of 
establishing Joint Funding Agreements to authorize tribes to access and 
coordinated funds and resources from various agencies for purposes of 
human resources development, physical infrastructure development, and 
economic development assistance in general. Such report shall identify 
programs or activities which might be integrated and make 
recommendations for the removal of any statutory or other barriers to 
such integration.

              TITLE XII--NAVAJO NATION TRUST LAND LEASING

SEC. 1201. SHORT TITLE.

    This title may be cited as the ``Navajo Nation Trust Land Leasing 
Act of 2000''.

SEC. 1202. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.

    (a) Findings.--Recognizing the special relationship between the 
United States and the Navajo Nation and its members, and the Federal 
responsibility to the Navajo people, Congress finds that--
            (1) the third clause of section 8, Article I of the United 
        States Constitution provides that ``The Congress shall have 
        Power . . to regulate Commerce . . with Indian tribes'', and, 
        through this and other constitutional authority, Congress has 
        plenary power over Indian affairs;
            (2) Congress, through statutes, treaties, and the general 
        course of dealing with Indian tribes, has assumed the 
        responsibility for the protection and preservation of Indian 
        tribes and their resources;
            (3) the United States has a trust obligation to guard and 
        preserve the sovereignty of Indian tribes in order to foster 
        strong tribal governments, Indian self-determination, and 
        economic self-sufficiency;
            (4) pursuant to the first section of the Act of August 9, 
        1955 (25 U.S.C. 415), Congress conferred upon the Secretary of 
        the Interior the power to promulgate regulations governing 
        tribal leases and to approve tribal leases for tribes according 
        to regulations promulgated by the Secretary;
            (5) the Secretary has promulgated the regulations described 
        in paragraph (4) at part 162 of title 25, Code of Federal 
        Regulations;
            (6) the requirement that the Secretary approve leases for 
        the development of Navajo trust lands has added a level of 
        review and regulation that does not apply to the development of 
        non-Indian land; and
            (7) in the global economy of the 21st century, it is 
        crucial that individual leases of Navajo trust lands not be 
        subject to Secretarial approval and that the Navajo Nation be 
        able to make immediate decisions over the use of Navajo trust 
        lands.
    (b) Purposes.--The purposes of this title are as follows:
            (1) To establish a streamlined process for the Navajo 
        Nation to lease trust lands without having to obtain the 
        approval of the Secretary of the Interior of individual leases, 
        except leases for exploration, development, or extraction of 
        any mineral resources.
            (2) To authorize the Navajo Nation, pursuant to tribal 
        regulations, which must be approved by the Secretary, to lease 
        Navajo trust lands without the approval of the Secretary of the 
        Interior of the individual leases, except leases for 
        exploration, development, or extraction of any mineral 
        resources.
            (3) To revitalize the distressed Navajo Reservation by 
        promoting political self-determination, and encouraging 
        economic self-sufficiency, including economic development that 
        increases productivity and the standard of living for members 
        of the Navajo Nation.
            (4) To maintain, strengthen, and protect the Navajo 
        Nation's leasing power over Navajo trust lands.
    (c) Definitions.--In this section:
            (1) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given such term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            (2) Navajo nation.--The term ``Navajo Nation'' means the 
        Navajo Nation government that is in existence on the date of 
        enactment of this Act.
            (3) Tribal regulations.--The term ``tribal regulations'' 
        means the Navajo Nation regulations as enacted by the Navajo 
        Nation Council or its standing committees and approved by the 
        Secretary.

SEC. 1203. LEASE OF RESTRICTED LANDS FOR THE NAVAJO NATION.

    The first section of the Act of August 9, 1955 (25 U.S.C. 415) is 
amended--
            (1) in subsection (d)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(3) the term `individually owned Navajo Indian allotted 
        lands' means Navajo Indian allotted land that is owned by 1 or 
        more individuals located within the Navajo Nation;
            ``(4) the term `Navajo Nation' means the Navajo Nation 
        government that is in existence on the date of enactment of 
        this Act;
            ``(5) the term `Secretary' means the Secretary of the 
        Interior; and
            ``(6) the term `tribal regulations' means the Navajo Nation 
        regulations as enacted by the Navajo Nation Council or its 
        standing committees and approved by the Secretary.''; and
            (2) by adding at the end the following:
    ``(e)(1) Any leases by the Navajo Nation for purposes authorized 
under subsection (a), except a lease for the exploration, development, 
or extraction of any mineral resources, shall not require the approval 
of the Secretary if the term of the lease does not exceed 75 years 
(including options to renew), and the lease is executed under tribal 
regulations that are approved by the Secretary under this subsection.
    ``(2) Paragraph (1) shall not apply to individually owned Navajo 
Indian allotted land located within the Navajo Nation.
    ``(3) The Secretary shall have the authority to approve or 
disapprove tribal regulations required under paragraph (1). The 
Secretary shall not have approval authority over individual leases of 
Navajo trust lands, except for the exploration, development, or 
extraction of any mineral resources. The Secretary shall perform the 
duties of the Secretary under this subsection in the best interest of 
the Navajo Nation.
    ``(4) If the Navajo Nation has executed a lease pursuant to tribal 
regulations required under paragraph (1), the United states shall not 
be liable for losses sustained by any party to such lease, including 
the Navajo Nation, except that--
            ``(A) the Secretary shall continue to have a trust 
        obligation to ensure that the rights of the Navajo Nation are 
        protected in the event of a violation of the terms of any lease 
        by any other party to such lease, including the right to cancel 
        the lease if requested by the Navajo Nation; and
            ``(B) nothing in this subsection shall be construed to 
        absolve the United States from any responsibility to the Navajo 
        Nation, including responsibilities that derive from the trust 
        relationship and from any treaties, Executive orders, or 
        agreements between the United States and the Navajo Nation, 
        except as otherwise specifically provided in this 
        subsection.''.

            TITLE XIII--AMERICAN INDIAN EDUCATION FOUNDATION

SEC. 1301. SHORT TITLE.

    This title may be cited as the ``American Indian Education 
Foundation Act of 2000''.

SEC. 1302. ESTABLISHMENT OF AMERICAN INDIAN EDUCATION FOUNDATION.

    The Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.) is amended by adding at the end the following:

            ``TITLE V--AMERICAN INDIAN EDUCATION FOUNDATION

``SEC. 501. AMERICAN INDIAN EDUCATION FOUNDATION.

    ``(a) In General.--As soon as practicable after the date of the 
enactment of this title, the Secretary of the Interior shall establish, 
under the laws of the District of Columbia and in accordance with this 
title, the American Indian Education Foundation.
    ``(b) Perpetual Existence.--Except as otherwise provided, the 
Foundation shall have perpetual existence.
    ``(c) Nature of Corporation.--The Foundation shall be a charitable 
and nonprofit federally chartered corporation and shall not be an 
agency or instrumentality of the United States.
    ``(d) Place of Incorporation and Domicile.--The Foundation shall be 
incorporated and domiciled in the District of Columbia.
    ``(e) Purposes.--The purposes of the Foundation shall be--
            ``(1) to encourage, accept, and administer private gifts of 
        real and personal property or any income therefrom or other 
        interest therein for the benefit of, or in support of, the 
        mission of the Office of Indian Education Programs of the 
        Bureau of Indian Affairs (or its successor office);
            ``(2) to undertake and conduct such other activities as 
        will further the educational opportunities of American Indians 
        who attend a Bureau funded school; and
            ``(3) to participate with, and otherwise assist, Federal, 
        State, and tribal governments, agencies, entities, and 
        individuals in undertaking and conducting activities that will 
        further the educational opportunities of American Indians 
        attending Bureau funded schools.
    ``(f) Board of Directors.--
            ``(1) In general.--The Board of Directors shall be the 
        governing body of the Foundation. The Board may exercise, or 
        provide for the exercise of, the powers of the Foundation.
            ``(2) Selection.--The number of members of the Board, the 
        manner of their selection (including the filling of vacancies), 
        and their terms of office shall be as provided in the 
        constitution and bylaws of the Foundation. However, the Board 
        shall have at least 11 members, 2 of whom shall be the 
        Secretary and the Assistant Secretary of the Interior for 
        Indian Affairs, who shall serve as ex officio nonvoting 
        members, and the initial voting members of the Board shall be 
        appointed by the Secretary not later than 6 months after the 
        date that the Foundation is established and shall have 
        staggered terms (as determined by the Secretary).
            ``(3) Qualification.--The members of the Board shall be 
        United States citizens who are knowledgeable or experienced in 
        American Indian education and shall, to the extent practicable, 
        represent diverse points of view relating to the education of 
        American Indians.
            ``(4) Compensation.--Members of the Board shall not receive 
        compensation for their services as members, but shall be 
        reimbursed for actual and necessary travel and subsistence 
        expenses incurred by them in the performance of the duties of 
        the Foundation.
    ``(g) Officers.--
            ``(1) In general.--The officers of the Foundation shall be 
        a secretary, elected from among the members of the Board, and 
        any other officers provided for in the constitution and bylaws 
        of the Foundation.
            ``(2) Secretary of foundation.--The secretary shall serve, 
        at the direction of the Board, as its chief operating officer 
        and shall be knowledgeable and experienced in matters relating 
        to education in general and education of American Indians in 
        particular.
            ``(3) Election.--The manner of election, term of office, 
        and duties of the officers shall be as provided in the 
        constitution and bylaws of the Foundation.
    ``(h) Powers.--The Foundation--
            ``(1) shall adopt a constitution and bylaws for the 
        management of its property and the regulation of its affairs, 
        which may be amended;
            ``(2) may adopt and alter a corporate seal;
            ``(3) may make contracts, subject to the limitations of 
        this Act;
            ``(4) may acquire (through a gift or otherwise), own, 
        lease, encumber, and transfer real or personal property as 
        necessary or convenient to carry out the purposes of the 
        Foundation;
            ``(5) may sue and be sued; and
            ``(6) may perform any other act necessary and proper to 
        carry out the purposes of the Foundation.
    ``(i) Principal Office.--The principal office of the Foundation 
shall be in the District of Columbia. However, the activities of the 
Foundation may be conducted, and offices may be maintained, throughout 
the United States in accordance with the constitution and bylaws of the 
Foundation.
    ``(j) Service of Process.--The Foundation shall comply with the law 
on service of process of each State in which it is incorporated and of 
each State in which the Foundation carries on activities.
    ``(k) Liability of Officers and Agents.--The Foundation shall be 
liable for the acts of its officers and agents acting within the scope 
of their authority. Members of the Board are personally liable only for 
gross negligence in the performance of their duties.
    ``(l) Restrictions.--
            ``(1) Limitation on spending.--Beginning with the fiscal 
        year following the first full fiscal year during which the 
        Foundation is in operation, the administrative costs of the 
        Foundation may not exceed 10 percent of the sum of--
                    ``(A) the amounts transferred to the Foundation 
                under subsection (m) during the preceding fiscal year; 
                and
                    ``(B) donations received from private sources 
                during the preceding fiscal year.
            ``(2) Appointment and hiring.--The appointment of officers 
        and employees of the Foundation shall be subject to the 
        availability of funds.
            ``(3) Status.--Members of the Board, and the officers, 
        employees, and agents of the Foundation are not, by reason of 
        their association with the Foundation, officers, employees, or 
        agents of the United States.
    ``(m) Transfer of Donated Funds.--The Secretary may transfer to the 
Foundation funds held by the Department of the Interior under the Act 
of February 14, 1931 (25 U.S.C. 451), if the transfer or use of such 
funds is not prohibited by any term under which the funds were donated.
    ``(n) Audits.--The Foundation shall comply with the audit 
requirements set forth in section 10101 of title 36, United States 
Code, as if it were a corporation in part B of subtitle II of that 
title.

``SEC. 502. ADMINISTRATIVE SERVICES AND SUPPORT.

    ``(a) Provision of Support by Secretary.--Subject to subsection 
(b), during the 5-year period beginning on the date that the Foundation 
is established, the Secretary--
            ``(1) may provide personnel, facilities, and other 
        administrative support services to the Foundation;
            ``(2) may provide funds to reimburse the travel expenses of 
        the members of the Board under section 501; and
            ``(3) shall require and accept reimbursements from the 
        Foundation for any--
                    ``(A) services provided under paragraph (1); and
                    ``(B) funds provided under paragraph (2).
    ``(b) Reimbursementt.--Reimbursements accepted under subsection 
(a)(3) shall be deposited in the Treasury to the credit of the 
appropriations then current and chargeable for the cost of providing 
services described in subsection (a)(1) and the travel expenses 
described in subsection (a)(2).
    ``(c) Continuation of Certain Services.--Notwithstanding any other 
provision of this section, the Secretary may continue to provide 
facilities and necessary support services to the Foundation after the 
termination of the 5-year period specified in subsection (a), on a 
space available, reimbursable cost basis.

``SEC. 503. DEFINITIONS.

    ``For the purposes of this title--
            ``(1) the term `Bureau funded school' has the meaning given 
        that term in title XI of the Education Amendments of 1978;
            ``(2) the term `Foundation' means the Foundation 
        established by the Secretary pursuant to section 501; and
            ``(3) the term `Secretary' means the Secretary of the 
        Interior.''.

                TITLE XIV--GRATON RANCHERIA RESTORATION

SEC. 1401. SHORT TITLE.

    This title may be cited as the ``Graton Rancheria Restoration 
Act''.

SEC. 1402. FINDINGS.

    The Congress finds that in their 1997 Report to Congress, the 
Advisory Council on California Indian Policy specifically recommended 
the immediate legislative restoration of the Graton Rancheria.

SEC. 1403. DEFINITIONS.

    For purposes of this title:
            (1) The term ``Tribe'' means the Indians of the Graton 
        Rancheria of California.
            (2) The term ``Secretary'' means the Secretary of the 
        Interior.
            (3) The term ``Interim Tribal Council'' means the governing 
        body of the Tribe specified in section 1407.
            (4) The term ``member'' means an individual who meets the 
        membership criteria under section 1406(b).
            (5) The term ``State'' means the State of California.
            (6) The term ``reservation'' means those lands acquired and 
        held in trust by the Secretary for the benefit of the Tribe.
            (7) The term ``service area'' means the counties of Marin 
        and Sonoma, in the State of California.

SEC. 1404. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.

    (a) Federal Recognition.--Federal recognition is hereby restored to 
the Tribe. Except as otherwise provided in this title, all laws and 
regulations of general application to Indians and nations, tribes, or 
bands of Indians that are not inconsistent with any specific provision 
of this title shall be applicable to the Tribe and its members.
    (b) Restoration of Rights and Privileges.--Except as provided in 
subsection (d), all rights and privileges of the Tribe and its members 
under any Federal treaty, Executive order, agreement, or statute, or 
under any other authority which were diminished or lost under the Act 
of August 18, 1958 (Public Law 85-671; 72 Stat. 619), are hereby 
restored, and the provisions of such Act shall be inapplicable to the 
Tribe and its members after the date of the enactment of this Act.
    (c) Federal Services and Benefits.--
            (1) In general.--Without regard to the existence of a 
        reservation, the Tribe and its members shall be eligible, on 
        and after the date of the enactment of this Act for all Federal 
        services and benefits furnished to federally recognized Indian 
        tribes or their members. For the purposes of Federal services 
        and benefits available to members of federally recognized 
        Indian tribes residing on a reservation, members of the Tribe 
        residing in the Tribe's service area shall be deemed to be 
        residing on a reservation.
            (2) Relation to other laws.--The eligibility for or receipt 
        of services and benefits under paragraph (1) by a tribe or 
        individual shall not be considered as income, resources, or 
        otherwise when determining the eligibility for or computation 
        of any payment or other benefit to such tribe, individual, or 
        household under--
                    (A) any financial aid program of the United States, 
                including grants and contracts subject to the Indian 
                Self-Determination Act; or
                    (B) any other benefit to which such tribe, 
                household, or individual would otherwise be entitled 
                under any Federal or federally assisted program.
    (d) Hunting, Fishing, Trapping, Gathering, and Water Rights.--
Nothing in this title shall expand, reduce, or affect in any manner any 
hunting, fishing, trapping, gathering, or water rights of the Tribe and 
its members.
    (e) Certain Rights Not Altered.--Except as specifically provided in 
this title, nothing in this title shall alter any property right or 
obligation, any contractual right or obligation, or any obligation for 
taxes levied.

SEC. 1405. TRANSFER OF LAND TO BE HELD IN TRUST.

    (a) Lands To Be Taken in Trust.--Upon application by the Tribe, the 
Secretary shall accept into trust for the benefit of the Tribe any real 
property located in Marin or Sonoma County, California, for the benefit 
of the Tribe after the property is conveyed or otherwise transferred to 
the Secretary and if, at the time of such conveyance or transfer, there 
are no adverse legal claims to such property, including outstanding 
liens, mortgages, or taxes.
    (b) Former Trust Lands of the Graton Rancheria.--Subject to the 
conditions specified in this section, real property eligible for trust 
status under this section shall include Indian owned fee land held by 
persons listed as distributees or dependent members in the distribution 
plan approved by the Secretary on September 17, 1959, or such 
distributees' or dependent members' Indian heirs or successors in 
interest.
    (c) Lands To Be Part of Reservation.--Any real property taken into 
trust for the benefit of the Tribe pursuant to this title shall be part 
of the Tribe's reservation.
    (d) Lands To Be Nontaxable.--Any real property taken into trust for 
the benefit of the Tribe pursuant to this section shall be exempt from 
all local, State, and Federal taxation as of the date that such land is 
transferred to the Secretary.

SEC. 1406. MEMBERSHIP ROLLS.

    (a) Compilation of Tribal Membership Roll.--Not later than 1 year 
after the date of the enactment of this Act, the Secretary shall, after 
consultation with the Tribe, compile a membership roll of the Tribe.
    (b) Criteria for Membership.--
            (1) Until a tribal constitution is adopted under section 
        1408, an individual shall be placed on the Graton membership 
        roll if such individual is living, is not an enrolled member of 
        another federally recognized Indian tribe, and if--
                    (A) such individual's name was listed on the Graton 
                Indian Rancheria distribution list compiled by the 
                Bureau of Indian Affairs and approved by the Secretary 
                on September 17, 1959, under Public Law 85-671;
                    (B) such individual was not listed on the Graton 
                Indian Rancheria distribution list, but met the 
                requirements that had to be met to be listed on the 
                Graton Indian Rancheria distribution list;
                    (C) such individual is identified as an Indian from 
                the Graton, Marshall, Bodega, Tomales, or Sebastopol, 
                California, vicinities, in documents prepared by or at 
                the direction of the Bureau of Indian Affairs, or in 
                any other public or California mission records; or
                    (D) such individual is a lineal descendant of an 
                individual, living or dead, identified in subparagraph 
                (A), (B), or (C).
            (2) After adoption of a tribal constitution under section 
        1408, such tribal constitution shall govern membership in the 
        Tribe.
    (c) Conclusive Proof of Graton Indian Ancestry.--For the purpose of 
subsection (b), the Secretary shall accept any available evidence 
establishing Graton Indian ancestry. The Secretary shall accept as 
conclusive evidence of Graton Indian ancestry information contained in 
the census of the Indians from the Graton, Marshall, Bodega, Tomales, 
or Sebastopol, California, vicinities, prepared by or at the direction 
of Special Indian Agent John J. Terrell in any other roll or census of 
Graton Indians prepared by or at the direction of the Bureau of Indian 
Affairs and in the Graton Indian Rancheria distribution list compiled 
by the Bureau of Indian Affairs and approved by the Secretary on 
September 17, 1959.

SEC. 1407. INTERIM GOVERNMENT.

    Until the Tribe ratifies a final constitution consistent with 
section 1408, the Tribe's governing body shall be an Interim Tribal 
Council. The initial membership of the Interim Tribal Council shall 
consist of the members serving on the date of the enactment of this 
Act, who have been elected under the tribal constitution adopted May 3, 
1997. The Interim Tribal Council shall continue to operate in the 
manner prescribed under such tribal constitution. Any vacancy on the 
Interim Tribal Council shall be filled by individuals who meet the 
membership criteria set forth in section 1406(b) and who are elected in 
the same manner as are Tribal Council members under the tribal 
constitution adopted May 3, 1997.

SEC. 1408. TRIBAL CONSTITUTION.

    (a) Election; Time; Procedure.--After the compilation of the tribal 
membership roll under section 1406(a), upon the written request of the 
Interim Tribal Council, the Secretary shall conduct, by secret ballot, 
an election for the purpose of ratifying a final constitution for the 
Tribe. The election shall be held consistent with sections 16(c)(1) and 
16(c)(2)(A) of the Act of June 18, 1934 (commonly known as the Indian 
Reorganization Act; 25 U.S.C. 476(c)(1) and 476(c)(2)(A), 
respectively). Absentee voting shall be permitted regardless of voter 
residence.
    (b) Election of Tribal Officials; Procedures.--Not later than 120 
days after the Tribe ratifies a final constitution under subsection 
(a), the Secretary shall conduct an election by secret ballot for the 
purpose of electing tribal officials as provided in such tribal 
constitution. Such election shall be conducted consistent with the 
procedures specified in subsection (a) except to the extent that such 
procedures conflict with the tribal constitution.

             TITLE XV--CEMETERY SITES AND HISTORICAL PLACES

SEC. 1501. FINDINGS; DEFINITIONS.

    (a) Findings.--The Congress finds the following:
            (1) Pursuant to section 14(h)(1) of ANCSA, the Secretary 
        has the authority to withdraw and convey to the appropriate 
        regional corporation fee title to existing cemetery sites and 
        historical places.
            (2) Pursuant to section 14(h)(7) of ANCSA, lands located 
        within a National Forest may be conveyed for the purposes set 
        forth in section 14(h)(1) of ANCSA.
            (3) Chugach Alaska Corporation, the Alaska Native Regional 
        Corporation for the Chugach Region, applied to the Secretary 
        for the conveyance of cemetery sites and historical places 
        pursuant to section 14(h)(1) of ANCSA in accordance with the 
        regulations promulgated by the Secretary.
            (4) Among the applications filed were applications for 
        historical places at Miners Lake (AA-41487), Coghill Point (AA-
        41488), College Fjord (AA-41489), Point Pakenham (AA-41490), 
        College Point (AA-41491), Egg Island (AA-41492), and Wingham 
        Island (AA-41494), which applications were substantively 
        processed for 13 years and then rejected as having been 
        untimely filed.
            (5) The fulfillment of the intent, purpose, and promise of 
        ANCSA requires that applications substantively processed for 13 
        years should be accepted as timely, subject only to a 
        determination that such lands and applications meet the 
        eligibility criteria for historical places or cemetery sites, 
        as appropriate, set forth in the Secretary's regulations.
    (b) Definitions.--For the purposes of this title, the following 
definitions apply:
            (1) ANCSA.--The term ``ANCSA'' means the Alaska Native 
        Claims Settlement Act, as amended (43 U.S.C. 1601 et seq.).
            (2) Federal Government.--The term ``Federal Government'' 
        means any Federal agency of the United States.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 1502. WITHDRAWAL OF LANDS.

    Notwithstanding any other provision of law, the Secretary shall 
withdraw from all forms of appropriation all public lands described in 
the applications identified in section 1501(a)(4) of this title.

SEC. 1503. APPLICATION FOR CONVEYANCE OF WITHDRAWN LANDS.

    With respect to lands withdrawn pursuant to section 1502 of this 
title, the applications identified in section 1501(a)(4) of this title 
are deemed to have been timely filed. In processing these applications 
on the merits, the Secretary shall incorporate and use any work done on 
these applications during the processing of these applications since 
1980.

SEC. 1504. AMENDMENTS.

    Chugach Alaska Corporation may amend any application under section 
1503 of this title in accordance with the rules and regulations 
generally applicable to amending applications under section 14(h)(1) of 
ANCSA.

SEC. 1505. PROCEDURE FOR EVALUATING APPLICATIONS.

    All applications under section 1503 of this title shall be 
evaluated in accordance with the criteria and procedures set forth in 
the regulations promulgated by the Secretary as of the date of the 
enactment of this title. To the extent that such criteria and 
procedures conflict with any provision of this title, the provisions of 
this title shall control.

SEC. 1506. APPLICABILITY.

    (a) Effect on ANCSA Provisions.--Notwithstanding any other 
provision of law or of this title, any conveyance of land to Chugach 
Alaska Corporation pursuant to this title shall be charged to and 
deducted from the entitlement of Chugach Alaska Corporation under 
section 14(h)(8)(A) of ANCSA (43 U.S.C. 1613(h)(8)(A)), and no 
conveyance made pursuant to this title shall affect the distribution of 
lands to or the entitlement to land of any Regional Corporation other 
than Chugach Alaska Corporation under section 14(h)(8) of ANCSA (43 
U.S.C. 1613(h)(8)).
    (b) No Enlargement of Entitlement.--Nothing herein shall be deemed 
to enlarge Chugach Alaska Corporation's entitlement to subsurface 
estate under otherwise applicable law.

            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.
```