H. R. 5528

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

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.
H. R. 5528—2

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.
H. R. 5528—3

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 selfsufficiency, 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.
H. R. 5528—4

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
H. R. 5528—5

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
H. R. 5528—6

set aside 200,000 acres of land in the Federal territory that

later became the State of Hawaii in order to establish a homeland for the native people of Hawaii—Native Hawaiians;

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

housing needs of Native Hawaiians through the enactment

of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108

et seq.), Native Hawaiians eligible to reside on the Hawaiian

home lands have been foreclosed from participating in Federal

housing assistance programs available to all other eligible families in the United States;

(5) although Federal housing assistance programs have

been administered on a racially neutral basis in the State

of Hawaii, Native Hawaiians continue to have the greatest

unmet need for housing and the highest rates of overcrowding

in the United States;

(6) among the Native American population of the United

States, Native Hawaiians experience the highest percentage

of housing problems in the United States, as the percentage—

(A) of housing problems in the Native Hawaiian population is 49 percent, as compared to—

(i) 44 percent for American Indian and Alaska

Native households in Indian country; and

(ii) 27 percent for all other households in the

United States; and

(B) overcrowding in the Native Hawaiian population

is 36 percent as compared to 3 percent for all other households in the United States;

(7) among the Native Hawaiian population, the needs of

Native Hawaiians, as that term is defined in section 801 of

the Native American Housing Assistance and Self-Determination Act of 1996, as added by section 203 of this Act, eligible

to reside on the Hawaiian Home Lands are the most severe,

as—

(A) the percentage of overcrowding in Native Hawaiian

households on the Hawaiian Home Lands is 36 percent;

and

(B) approximately 13,000 Native Hawaiians, which constitute 95 percent of the Native Hawaiians who are eligible

to reside on the Hawaiian Home Lands, are in need of

housing;

(8) applying the Department of Housing and Urban

Development guidelines—

(A) 70.8 percent of Native Hawaiians who either reside

or who are eligible to reside on the Hawaiian Home Lands

have incomes that fall below the median family income;

and

(B) 50 percent of Native Hawaiians who either reside

or who are eligible to reside on the Hawaiian Home Lands

have incomes below 30 percent of the median family

income;

(9) one-third of those Native Hawaiians who are eligible

to reside on the Hawaiian Home Lands pay more than 30

percent of their income for shelter, and one-half of those Native

Hawaiians face overcrowding;

(10) the extraordinarily severe housing needs of Native

Hawaiians demonstrate that Native Hawaiians who either

reside on, or are eligible to reside on, Hawaiian Home Lands
H. R. 5528—7

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 selfgovernance 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.);
H. R. 5528—8

(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.)
H. R. 5528—9

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 ‘nearelderly family’ means a family whose head (or his or her

spouse), or whose sole member, is—

‘‘(i) for an elderly family, an elderly person; or

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

‘‘(B) CERTAIN FAMILIES INCLUDED.—The term ‘elderly

family’ or ‘near-elderly family’ includes—

‘‘(i) two or more elderly persons or near-elderly

persons, as the case may be, living together; and

‘‘(ii) one or more persons described in clause (i)

living with one or more persons determined under

the housing plan to be essential to their care or wellbeing.

‘‘(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—
H. R. 5528—10

‘‘(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.
H. R. 5528—11

‘‘(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) GOALS AND OBJECTIVES.—A statement of the goals

and objectives of the Department of Hawaiian Home Lands

to enable the Department to serve the needs identified

in subparagraph (A) during the period.

‘‘(C) ACTIVITIES PLANS.—An overview of the activities

planned during the period including an analysis of the

manner in which the activities will enable the Department

to meet its mission, goals, and objectives.

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

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

‘‘(2) contain the following information relating to the fiscal

year for which the assistance under this title is to be made

available:

‘‘(A) GOALS AND OBJECTIVES.—A statement of the goals

and objectives to be accomplished during the period covered

by the plan.

‘‘(B) STATEMENT OF NEEDS.—A statement of the

housing needs of the low-income families served by the

Department and the means by which those needs will

be addressed during the period covered by the plan,

including—

‘‘(i) a description of the estimated housing needs

and the need for assistance for the low-income families

to be served by the Department, including a description

of the manner in which the geographical distribution

of assistance is consistent with—

‘‘(I) the geographical needs of those families;

and

‘‘(II) needs for various categories of housing

assistance; and

‘‘(ii) a description of the estimated housing needs

for all families to be served by the Department.

‘‘(C) FINANCIAL RESOURCES.—An operating budget for

the Department of Hawaiian Home Lands, in a form prescribed by the Secretary, that includes—
H. R. 5528—12

‘‘(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);
H. R. 5528—13

‘‘(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;
H. R. 5528—14

‘‘(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
H. R. 5528—15

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.
H. R. 5528—16

‘‘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—
H. R. 5528—17

‘‘(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;
H. R. 5528—18

‘‘(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 the 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 lowincome 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—
H. R. 5528—19

‘‘(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:
H. R. 5528—20

‘‘(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.
H. R. 5528—21

‘‘(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 lowincome 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—
H. R. 5528—22

‘‘(A) the remaining useful life of the property (as determined by the Secretary) without regard to the term of

the mortgage or to transfer of ownership; or

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

is the longest feasible period of time consistent with sound

economics and the purposes of this title, except upon a

foreclosure by a lender (or upon other transfer in lieu

of foreclosure) if that action—

‘‘(i) recognizes any contractual or legal rights of

any public agency, nonprofit sponsor, or other person

or entity to take an action that would—

‘‘(I) avoid termination of low-income affordability, in the case of foreclosure; or

‘‘(II) transfer ownership in lieu of foreclosure;

and

‘‘(ii) is not for the purpose of avoiding low-income

affordability restrictions, as determined by the Secretary.

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

assistance pursuant to section 809(a)(2)(B) shall be considered

affordable housing for purposes of this title.

‘‘SEC. 814. 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
H. R. 5528—23

‘‘(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 the enactment of the Hawaiian Homelands Homeownership Act of 2000, in the manner provided under section 807, establish a formula to provide for the allocation of amounts available

for a fiscal year for block grants under this title in accordance

with the requirements of this section.

‘‘(b) FACTORS FOR DETERMINATION OF NEED.—The formula

under subsection (a) shall be based on factors that reflect the

needs for assistance for affordable housing activities, including—

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

operated at the time pursuant to a contract between the

Director and the Secretary;

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

number of Native Hawaiian families eligible to reside on the

Hawaiian Home Lands; and

‘‘(3) any other objectively measurable conditions that the

Secretary and the Director may specify.
H. R. 5528—24

‘‘(c) OTHER FACTORS FOR CONSIDERATION.—In establishing the

formula under subsection (a), the Secretary shall consider the relative administrative capacities of the Department of Hawaiian

Home Lands and other challenges faced by the Department,

including—

‘‘(1) geographic distribution within Hawaiian Home Lands;

and

‘‘(2) technical capacity.

‘‘(d) EFFECTIVE DATE.—This section shall take effect on the

date of the enactment of the Hawaiian Homelands Homeownership

Act of 2000.

‘‘SEC. 818. 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—
H. R. 5528—25

‘‘(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.
H. R. 5528—26

‘‘(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
H. R. 5528—27

‘‘(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
H. R. 5528—28

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.
H. R. 5528—29

‘‘(3) FAMILY.—The term ‘family’ means one or more persons

maintaining a household, as the Secretary shall by regulation

provide.

‘‘(4) GUARANTEE FUND.—The term ‘Guarantee Fund’ means

the Native Hawaiian Housing Loan Guarantee Fund established under subsection (j).

‘‘(5) HAWAIIAN HOME LANDS.—The term ‘Hawaiian Home

Lands’ means lands that—

‘‘(A) have the status of Hawaiian Home Lands under

section 204 of the Hawaiian Homes Commission Act (42

Stat. 110); or

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

‘‘(6) NATIVE HAWAIIAN.—The term ‘Native Hawaiian’ means

any individual who is—

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

‘‘(B) a descendant of the aboriginal people, who, prior

to 1778, occupied and exercised sovereignty in the area

that currently constitutes the State of Hawaii, as evidenced

by—

‘‘(i) genealogical records;

‘‘(ii) verification by kupuna (elders) or kama’aina

(long-term community residents); or

‘‘(iii) birth records of the State of Hawaii.

‘‘(7) OFFICE OF HAWAIIAN AFFAIRS.—The term ‘Office of

Hawaiian Affairs’ means the entity of that name established

under the constitution of the State of Hawaii.

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

financing to Native Hawaiian families who otherwise could not

acquire housing financing because of the unique legal status of

the Hawaiian Home Lands or as a result of a lack of access to

private financial markets, the Secretary may guarantee an amount

not to exceed 100 percent of the unpaid principal and interest

that is due on an eligible loan under subsection (c).

‘‘(c) ELIGIBLE LOANS.—Under this section, a loan is an eligible

loan if that loan meets the following requirements:

‘‘(1) ELIGIBLE BORROWERS.—The loan is made only to a

borrower who is—

‘‘(A) a Native Hawaiian family;

‘‘(B) the Department of Hawaiian Home Lands;

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

‘‘(D) a private nonprofit organization experienced in

the planning and development of affordable housing for

Native Hawaiians.

‘‘(2) ELIGIBLE HOUSING.—

‘‘(A) IN GENERAL.—The loan will be used to construct,

acquire, or rehabilitate not more than 4-family dwellings

that are standard housing and are located on Hawaiian

Home Lands for which a housing plan described in subparagraph (B) applies.

‘‘(B) HOUSING PLAN.—A housing plan described in this

subparagraph is a housing plan that—

‘‘(i) has been submitted and approved by the Secretary under section 803 of the Native American

Housing Assistance and Self-Determination Act of

1996; and
H. R. 5528—30

‘‘(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.—
H. R. 5528—31

‘‘(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. R. 5528—32

‘‘(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
H. R. 5528—33

of the guarantee certificate shall provide written notice

of the default to the Secretary.

‘‘(ii) PAYMENT.—Upon providing the notice required

under clause (i), the holder of the guarantee certificate

shall be entitled to payment under the guarantee (subject to the provisions of this section) and may proceed

to obtain payment in one of the following manners:

‘‘(I) FORECLOSURE.—

‘‘(aa) IN GENERAL.—The holder of the certificate may initiate foreclosure proceedings

(after providing written notice of that action

to the Secretary).

‘‘(bb) PAYMENT.—Upon a final order by

the court authorizing foreclosure and submission to the Secretary of a claim for payment

under the guarantee, the Secretary shall pay

to the holder of the certificate the pro rata

portion of the amount guaranteed (as determined pursuant to subsection (f )) plus reasonable fees and expenses as approved by the

Secretary.

‘‘(cc) SUBROGATION.—The rights of the Secretary shall be subrogated to the rights of

the holder of the guarantee. The holder shall

assign the obligation and security to the Secretary.

‘‘(II) NO FORECLOSURE.—

‘‘(aa) IN GENERAL.—Without seeking foreclosure (or in any case in which a foreclosure

proceeding initiated under clause (i) continues

for a period in excess of 1 year), the holder

of the guarantee may submit to the Secretary

a request to assign the obligation and security

interest to the Secretary in return for payment

of the claim under the guarantee. The Secretary may accept assignment of the loan if

the Secretary determines that the assignment

is in the best interest of the United States.

‘‘(bb) PAYMENT.—Upon assignment, the

Secretary shall pay to the holder of the guarantee the pro rata portion of the amount

guaranteed (as determined under subsection

(f )).

‘‘(cc) SUBROGATION.—The rights of the Secretary shall be subrogated to the rights of

the holder of the guarantee. The holder shall

assign the obligation and security to the Secretary.

‘‘(B) REQUIREMENTS.—Before any payment under a

guarantee is made under subparagraph (A), the holder

of the guarantee shall exhaust all reasonable possibilities

of collection. Upon payment, in whole or in part, to the

holder, the note or judgment evidencing the debt shall

be assigned to the United States and the holder shall

have no further claim against the borrower or the United

States. The Secretary shall then take such action to collect

as the Secretary determines to be appropriate.
H. R. 5528—34

‘‘(2) LIMITATIONS ON LIQUIDATION.—

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

guaranteed under this section that involves a security

interest in restricted Hawaiian Home Land property, the

mortgagee or the Secretary shall only pursue liquidation

after offering to transfer the account to another eligible

Hawaiian family or the Department of Hawaiian Home

Lands.

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

subparagraph (A), the mortgagee or the Secretary subsequently proceeds to liquidate the account, the mortgagee

or the Secretary shall not sell, transfer, or otherwise dispose of or alienate the property described in subparagraph

(A) except to another eligible Hawaiian family or to the

Department of Hawaiian Home Lands.

‘‘( j) NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND.—

‘‘(1) ESTABLISHMENT.—There is established in the Treasury

of the United States the Native Hawaiian Housing Loan Guarantee Fund for the purpose of providing loan guarantees under

this section.

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

with—

‘‘(A) any amount, claims, notes, mortgages, contracts,

and property acquired by the Secretary under this section,

and any collections and proceeds therefrom;

‘‘(B) any amounts appropriated pursuant to paragraph

(7);

‘‘(C) any guarantee fees collected under subsection (e);

and

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

under paragraph (4).

‘‘(3) USE.—Amounts in the Guarantee Fund shall be available, to the extent provided in appropriations Acts, for—

‘‘(A) fulfilling any obligations of the Secretary with

respect to loans guaranteed under this section, including

the costs (as that term is defined in section 502 of the

Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) of

such loans;

‘‘(B) paying taxes, insurance, prior liens, expenses necessary to make fiscal adjustment in connection with the

application and transmittal of collections, and other

expenses and advances to protect the Secretary for loans

which are guaranteed under this section or held by the

Secretary;

‘‘(C) acquiring such security property at foreclosure

sales or otherwise;

‘‘(D) paying administrative expenses in connection with

this section; and

‘‘(E) reasonable and necessary costs of rehabilitation

and repair to properties that the Secretary holds or owns

pursuant to this section.

‘‘(4) INVESTMENT.—Any amounts in the Guarantee Fund

determined by the Secretary to be in excess of amounts currently required at the time of the determination to carry out

this section may be invested in obligations of the United States.

‘‘(5) LIMITATION ON COMMITMENTS TO GUARANTEE LOANS

AND MORTGAGES.—
H. R. 5528—35

‘‘(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
H. R. 5528—36

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;
H. R. 5528—37

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

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

(c) PURPOSES.—The purposes of Wakpa Sica Reconciliation

Place shall be as follows:
H. R. 5528—38

(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.
H. R. 5528—39

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 the enactment of this Act.

TITLE V—EXPENDITURE OF FUNDS BY

ZUNI INDIAN TRIBE

SEC. 501. EXPENDITURE OF FUNDS BY TRIBE AUTHORIZED.

Section 3 of the Zuni Land Conservation Act of 1990 (Public

Law 101–486) is amended—

(1) in subsection (b)(1), by striking ‘‘The Secretary of the

Interior’’ and inserting ‘‘The Zuni Indian Tribe’’; and

(2) in subsection (c)—

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

(2),’’;

(B) by striking paragraph (2);

(C) in paragraph (3), by striking ‘‘Secretary of the

Interior’’ and inserting ‘‘Zuni Indian Tribe’’; and

(D) by redesignating paragraphs (3), (4), (5), and (6)

as paragraphs (2), (3), (4), and (5), respectively.

TITLE 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.
H. R. 5528—40

(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, TorresMartinez 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.
H. R. 5528—41

(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
H. R. 5528—42

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 TorresMartinez 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.—
H. R. 5528—43

(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—
H. R. 5528—44

(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.
H. R. 5528—45

(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.
H. R. 5528—46

(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 CherokeeShawnee 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.
H. R. 5528—47

(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
H. R. 5528—48

(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 the enactment of this Act, the Tribe shall submit

to the Secretary for approval its base membership roll, which shall

include only individuals who are not members of any other federally

recognized Indian tribe or who have relinquished membership in

such tribe and are eligible for membership under subsection (b).

(b) BASE ROLL ELIGIBILITY.—An individual is eligible for enrollment on the base membership roll of the Tribe if that individual—

(1) is on, or eligible to be on, the membership roll of

Cherokee Shawnees maintained by the Tribe prior to the date

of the enactment of this Act which is separate from the membership roll of the Cherokee Nation; or

(2) is a lineal descendant of any person—

(A) who was issued a restricted fee patent to land

pursuant to Article 2 of the Treaty of May 10, 1854,

between the United States and the Tribe (10 Stat. 1053);

or

(B) whose name was included on the 1871 Register

of names of those members of the Tribe who moved to,

and located in, the Cherokee Nation in Indian Territory

pursuant to the Agreement entered into by and between

the Tribe and the Cherokee Nation on June 7, 1869.

(c) FUTURE MEMBERSHIP.—Future membership in the Tribe

shall be as determined under the eligibility requirements set out

in subsection (b)(2) or under such future membership ordinance

as the Tribe may adopt.

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

(a) EXISTING CONSTITUTION AND GOVERNING BODY.—The

existing constitution and bylaws of the Cherokee Shawnee and

the officers and members of the Shawnee Tribal Business Committee, as constituted on the date of the enactment of this Act,

are hereby recognized respectively as the governing documents and

governing body of the Tribe.

(b) CONSTITUTION.—Notwithstanding subsection (a), the Tribe

shall have a right to reorganize its tribal government pursuant

to section 3 of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C.

503).

SEC. 707. TRIBAL LAND.

(a) LAND ACQUISITION.—
H. R. 5528—49

(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 the enactment of this Act over trust land, restricted land,

or other forms of Indian country of that Indian tribe on such

date.

SEC. 709. 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’’.
H. R. 5528—50

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 SelfDetermination 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.
H. R. 5528—51

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

Section 408(b) of the Indian Child Protection and Family

Violence Prevention Act (25 U.S.C. 3207(b)) is amended—

(1) by striking ‘‘any offense’’ and inserting ‘‘any felonious

offense, or any of two or more misdemeanor offenses,’’; and

(2) by striking ‘‘or crimes against persons’’ and inserting

‘‘crimes against persons; or offenses committed against children’’.

SEC. 815. TECHNICAL AMENDMENT TO EXTEND THE AUTHORIZATION

PERIOD UNDER THE INDIAN HEALTH CARE IMPROVEMENT ACT.

The authorization of appropriations for, and the duration of,

each program or activity under the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.) is extended through fiscal year

2001.

SEC. 816. TECHNICAL AMENDMENT TO EXTEND THE AUTHORIZATION

PERIOD UNDER THE INDIAN ALCOHOL AND SUBSTANCE

ABUSE PREVENTION AND TREATMENT ACT OF 1986.

The authorization of appropriations for, and the duration of,

each program or activity under the Indian Alcohol and Substance

Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2401

et seq.) is extended through fiscal year 2001.

SEC. 817. MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN

NATIONAL ENVIRONMENTAL POLICY FOUNDATION.

(a) AUTHORITY.—Section 6(7) of the Morris K. Udall Scholarship

and Excellence in National Environmental and Native American

Public Policy Act of 1992 (20 U.S.C. 5604(7)) is amended by inserting

before the semicolon at the end the following: ‘‘, by conducting

management and leadership training of Native Americans, Alaska

Natives, and others involved in tribal leadership, providing assistance and resources for policy analysis, and carrying out other appropriate activities.’’.

(b) ADMINISTRATIVE PROVISIONS.—Section 12(b) of the Morris

K. Udall Scholarship and Excellence in National Environmental

and Native American Public Policy Act of 1992 (20 U.S.C. 5608(b))

is amended by inserting before the period at the end the following:

‘‘and to the activities of the Foundation under section 6(7)’’.

(c) AUTHORIZATION OF APPROPRIATIONS.—Section 13 of the

Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 (20 U.S.C.

5609) is amended by adding at the end the following:

‘‘(c) TRAINING OF PROFESSIONALS IN HEALTH CARE AND PUBLIC

POLICY.—There is authorized to be appropriated to carry out section

6(7) $12,300,000 for the 5-fiscal year period beginning with the

fiscal year in which this subsection is enacted.’’.

SEC. 818. TECHNICAL AMENDMENT REGARDING THE TREATMENT OF

CERTAIN INCOME FOR PURPOSES OF FEDERAL ASSISTANCE.

Section 7 of the Act of October 19, 1973 (25 U.S.C. 1407)

is amended—

(1) in paragraph (2), by striking ‘‘or’’ at the end;

(2) in paragraph (3), by adding ‘‘or’’ at the end; and

(3) by inserting after paragraph (3), the following:
H. R. 5528—52

‘‘(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.
H. R. 5528—53

(2) EXCLUSIONS.—The excluded tracts described in this

paragraph are all portions of any tracts heretofore conveyed

by the deeds recorded in the Office of the Clerk, Santa Fe

County, New Mexico, at—

(A) Book 114, Page 106, containing 0.518 acres, more

or less;

(B) Book 122, Page 45, containing 0.238 acres, more

or less;

(C) Book 123, Page 228, containing 14.95, more or

less; and

(D) Book 130, Page 84, containing 0.227 acres, more

or less,

leaving, as the net acreage to be included in the land described

in paragraph (1) and taken into trust pursuant to subsection

(a), a tract containing 115.5 acres, more or less.

(c) LIMITATIONS AND CONDITIONS.—The land taken into trust

pursuant to subsection (a) shall remain subject to—

(1) any existing encumbrances, rights of way, restrictions,

or easements of record;

(2) the right of the Indian Health Service to continue

use and occupancy of 10.23 acres of such land which are currently occupied by the Santa Fe Indian Hospital and its parking

facilities as more fully described as Parcel ‘‘A’’ in legal description No. Pd–K–51–06–01 and recorded as Document No. 059–

3–778, Bureau of Indian Affairs Land Title & Records Office,

Albuquerque, New Mexico; and

(3) the right of the United States to use, without cost,

additional portions of land transferred pursuant to this section,

which are contiguous to the land described in paragraph (2),

for purposes of the Indian Health Service.

SEC. 824. LAND USE.

(a) LIMITATION FOR EDUCATIONAL AND CULTURAL PURPOSES.— The land taken into trust under section 823(a) shall be used solely

for the educational, health, or cultural purposes of the Santa Fe

Indian School, including use for related non-profit or technical

programs, as operated by Santa Fe Indian School, Inc. on the

date of the enactment of this Act.

(b) REVERSION.— (1) IN GENERAL.—If the Secretary determines that the land

taken into trust under section 823(a) is not being used as

required under subsection (a), the Secretary shall provide

appropriate notice to the 19 Pueblos of such noncompliance

and require the 19 Pueblos to comply with the requirements

of this subtitle.

(2) CONTINUED FAILURE TO COMPLY.—If the Secretary, after

providing notice under paragraph (1) and after the expiration

of a reasonable period of time, determines that the noncompliance that was the subject of the notice has not been corrected,

the land shall revert to the United States.

(c) APPLICABILITY OF LAWS.—Except as otherwise provided in

this subtitle, the land taken into trust under section 823(a) shall

be subject to the laws of the United States relating to Indian

lands.

(d) GAMING.—Gaming, as defined and regulated by the Indian

Gaming Regulatory Act (25 U.S.C. 2701 et seq.), shall be prohibited

on the land taken into trust under subsection (a).
H. R. 5528—54

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:

S1⁄2 NW1⁄4, NW1⁄4 NW1⁄4, 120 acres.

Township 43 North, Range 13 East

Section 1:

N1⁄2 NE1⁄4, 80 acres,

Section 22:

SE1⁄4 SE1⁄4, 40 acres,

Section 25:

SE1⁄4 NW1⁄4, 40 acres,

Section 26:

SW1⁄4 SE1⁄4, 40 acres,

Section 27:

SE1⁄4 NW1⁄4, 40 acres,

Section 28:

NE1⁄4 SW1⁄4, 40 acres,

Section 32:

SE1⁄4 SE1⁄4, 40 acres,

Section 34:

SE1⁄4 NW1⁄4, 40 acres,

Township 44 North, Range 14 East,

Section 31:

S1⁄2 SW1⁄4, 80 acres.

(2) FORT INDEPENDENCE COMMUNITY OF PAIUTE INDIANS.—

Lands to be held in trust for the Fort Independence Community
H. R. 5528—55

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:

W1⁄2 of Lot 5 in the NE±1⁄4, Lot 3, E1⁄2 of Lot 4, and

E1⁄2 of Lot 5 in the NW1⁄4.

(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:

NE1⁄4, N1⁄2SE1⁄4, SE1⁄4SE1⁄4.

Section 32:

W1⁄2SW1⁄4, NE1⁄4SW1⁄4, NW1⁄4SE1⁄4.

Section 33:

SE1⁄4, SW1⁄4SW1⁄4, E1⁄2SW1⁄4.

(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, S1⁄2.

Section 25:

Lots 2 and 5.

Section 28:

Lots, 1, 2, 3, and 4, N1⁄2SE1⁄4.

(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:

NW1⁄4 of NE1⁄4.

(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:
H. R. 5528—56

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:

SW1⁄4SW1⁄4.

Section 19:

Lots 5, 6, 7.

S1⁄2NE1⁄4, SE1⁄4NW1⁄4, NE1⁄4SE1⁄4.

Section 20:

Lot 1.

SEC. 903. MISCELLANEOUS PROVISIONS.

(a) PROCEEDS FROM RENTS AND ROYALTIES TRANSFERRED TO

INDIANS.—Amounts which accrue to the United States after the

date of the enactment of this Act from sales, bonuses, royalties,

and rentals relating to any land described in section 902 shall

be available for use or obligation, in such manner and for such

purposes as the Secretary may approve, by the tribe, band, or

group of Indians for whose benefit such land is taken into trust.

(b) NOTICE OF CANCELLATION OF GRAZING PREFERENCES.— Grazing preferences on lands described in section 902 shall terminate 2 years after the date of the enactment of this Act.

(c) LAWS GOVERNING LANDS TO BE HELD IN TRUST.— (1) IN GENERAL.—Any lands which are to be held in trust

for the benefit of any tribe, band, or group of Indians pursuant

to this Act shall be added to the existing reservation of the

tribe, band, or group, and the official boundaries of the reservation shall be modified accordingly.

(2) APPLICABILITY OF LAWS OF THE UNITED STATES.—The

lands referred to in paragraph (1) shall be subject to the laws

of the United States relating to Indian land in the same manner

and to the same extent as other lands held in trust for such

tribe, band, or group on the day before the date of the enactment

of this Act.

TITLE X—NATIVE AMERICAN

HOMEOWNERSHIP

SEC. 1001. 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
H. R. 5528—57

Services of the House of Representatives and the Committee on

Banking, Housing, and Urban Affairs of the Senate.

(b) MEMBERSHIP.—

(1) APPOINTMENT.—The Commission shall be composed of

12 members, appointed not later than 90 days after the date

of the enactment of this Act as follows:

(A) Four members shall be appointed by the President.

(B) Four members shall be appointed by the chairperson of the Committee on Banking and Financial Services

of the House of Representatives.

(C) Four members shall be appointed by the chairperson of the Committee on Banking, Housing, and Urban

Affairs of the Senate.

(2) QUALIFICATIONS.—

(A) MEMBERS OF TRIBES.—At all times, not less than

eight of the members of the Commission shall be members

of federally recognized Indian tribes.

(B) EXPERIENCE IN LAND TITLE MATTERS.—All members

of the Commission shall have experience in and knowledge

of land title matters relating to Indian trust lands.

(3) CHAIRPERSON.—The Chairperson of the Commission

shall be one of the members of the Commission appointed

under paragraph (1)(C), as elected by the members of the

Commission.

(4) VACANCIES.—Any vacancy on the Commission shall not

affect its powers, but shall be filled in the manner in which

the original appointment was made.

(5) TRAVEL EXPENSES.—Members of the Commission shall

serve without pay, but each member shall receive travel

expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States

Code.

(c) INITIAL MEETING.—The Chairperson of the Commission shall

call the initial meeting of the Commission. Such meeting shall

be held within 30 days after the Chairperson of the Commission

determines that sums sufficient for the Commission to carry out

its duties under this Act have been appropriated for such purpose.

(d) DUTIES.—The Commission shall analyze the system of the

Bureau of Indian Affairs of the Department of the Interior for

maintaining land ownership records and title documents and issuing

certified title status reports relating to Indian trust lands and,

pursuant to such analysis, determine how best to improve or replace

the system—

(1) to ensure prompt and accurate responses to requests

for title status reports;

(2) to eliminate any backlog of requests for title status

reports; and

(3) to ensure that the administration of the system will

not in any way impair or restrict the ability of Native Americans to obtain conventional loans for purchase of residences

located on Indian trust lands, including any actions necessary

to ensure that the system will promptly be able to meet future

demands for certified title status reports, taking into account

the anticipated complexity and volume of such requests.

(e) REPORT.—Not 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
H. R. 5528—58

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 sec- tion, 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 PRIN- CIPAL 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
H. R. 5528—59

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 SelfDetermination 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
H. R. 5528—60

(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.
H. R. 5528—61

‘‘(2) ON-SITE VISITS.—To the extent practicable, the reviews

and audits conducted under this subsection shall include onsite 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;
H. R. 5528—62

(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
H. R. 5528—63

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 tenantbased 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’’.
H. R. 5528—64

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 selfdetermination 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 selfsufficiency, familiarizing Indian Youth and adults with the world
H. R. 5528—65

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 1 year after the date of the enactment of this

title, the Secretary, the Secretary of Health and Human Services,

the Secretary of Labor, and the tribes and organizations participating in the integration initiative under this title shall submit

a report to the Committee on Indian Affairs of the Senate and

the Committee on Resources of the House of Representatives on

the opportunities for expanding the integration of human resource
H. R. 5528—66

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 of the Interior has promulgated the regulations described in paragraph (4) at part 162 of title 25,

Code of Federal Regulations;

(6) the requirement that the Secretary approve leases for

the development of Navajo trust lands has added a level of

review and regulation that does not apply to the development

of non-Indian land; and

(7) in the global economy of the 21st Century, it is crucial

that individual leases of Navajo trust lands not be subject

to Secretarial approval and that the Navajo Nation be able

to make immediate decisions over the use of Navajo trust

lands.

(b) PURPOSES.—The purposes of this title are as follows:

(1) To establish a streamlined process for the Navajo Nation

to lease trust lands without having to obtain the approval

of the Secretary of the Interior for individual leases, except
H. R. 5528—67

leases for exploration, development, or extraction of any mineral

resources.

(2) To authorize the Navajo Nation, pursuant to tribal

regulations, which must be approved by the Secretary, to lease

Navajo trust lands without the approval of the Secretary of

the Interior for the individual leases, except leases for exploration, development, or extraction of any mineral resources.

(3) To revitalize the distressed Navajo Reservation by promoting political self-determination, and encouraging economic

self-sufficiency, including economic development that increases

productivity and the standard of living for members of the

Navajo Nation.

(4) To maintain, strengthen, and protect the Navajo

Nation’s leasing power over Navajo trust lands.

(5) To ensure that the United States is faithfully executing

its trust obligation to the Navajo Nation by maintaining Federal

supervision through oversight of and record keeping related

to leases of Navajo Nation tribal trust lands.

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

The first section of the Act of August 9, 1955 (25 U.S.C. 415)

is amended—

(1) in subsection (d)—

(A) in paragraph (1), by striking ‘‘and’’ at the end;

(B) in paragraph (2), by striking the period and

inserting a semicolon; and

(C) by adding at the end the following:

‘‘(3) the term ‘individually owned Navajo Indian allotted

land’ means a single parcel of land that—

‘‘(A) is located within the jurisdiction of the Navajo

Nation;

‘‘(B) is held in trust or restricted status by the United

States for the benefit of Navajo Indians or members of

another Indian tribe; and

‘‘(C) was—

‘‘(i) allotted to a Navajo Indian; or

‘‘(ii) taken into trust or restricted status by the

United States for an individual Indian;

‘‘(4) the term ‘interested party’ means an Indian or nonIndian individual or corporation, or tribal or non-tribal government whose interests could be adversely affected by a tribal

trust land leasing decision made by the Navajo Nation;

‘‘(5) the term ‘Navajo Nation’ means the Navajo Nation

government that is in existence on the date of enactment of

this Act or its successor;

‘‘(6) the term ‘petition’ means a written request submitted

to the Secretary for the review of an action (or inaction) of

the Navajo Nation that is claimed to be in violation of the

approved tribal leasing regulations;

‘‘(7) the term ‘Secretary’ means the Secretary of the

Interior; and

‘‘(8) the term ‘tribal regulations’ means the Navajo Nation

regulations enacted in accordance with Navajo Nation law and

approved by the Secretary.’’; and

(2) by adding at the end the following:

‘‘(e)(1) Any leases by the Navajo Nation for purposes authorized

under subsection (a), and any amendments thereto, except a lease
H. R. 5528—68

for the exploration, development, or extraction of any mineral

resources, shall not require the approval of the Secretary if the

lease is executed under the tribal regulations approved by the

Secretary under this subsection and the term of the lease does

not exceed—

‘‘(A) in the case of a business or agricultural lease, 25

years, except that any such lease may include an option to

renew for up to two additional terms, each of which may not

exceed 25 years; and

‘‘(B) in the case of a lease for public, religious, educational,

recreational, or residential purposes, 75 years if such a term

is provided for by the Navajo Nation through the promulgation

of regulations.

‘‘(2) Paragraph (1) shall not apply to individually owned Navajo

Indian allotted land.

‘‘(3) The Secretary shall have the authority to approve or disapprove tribal regulations referred to under paragraph (1). The

Secretary shall approve such tribal regulations if such regulations

are consistent with the regulations of the Secretary under subsection (a), and any amendments thereto, and provide for an

environmental review process. The Secretary shall review and

approve or disapprove the regulations of the Navajo Nation within

120 days of the submission of such regulations to the Secretary.

Any disapproval of such regulations by the Secretary shall be accompanied by written documentation that sets forth the basis for the

disapproval. Such 120-day period may be extended by the Secretary

after consultation with the Navajo Nation.

‘‘(4) If the Navajo Nation has executed a lease pursuant to

tribal regulations under paragraph (1), the Navajo Nation shall

provide the Secretary with—

‘‘(A) a copy of the lease and all amendments and renewals

thereto; and

‘‘(B) in the case of regulations or a lease that permits

payment to be made directly to the Navajo Nation, documentation of the lease payments sufficient to enable the Secretary

to discharge the trust responsibility of the United States under

paragraph (5).

‘‘(5) The United States shall not be liable for losses sustained

by any party to a lease executed pursuant to tribal regulations

under paragraph (1), including the Navajo Nation. Nothing in this

paragraph shall be construed to diminish the authority of the

Secretary to take appropriate actions, including the cancellation

of a lease, in furtherance of the trust obligation of the United

States to the Navajo Nation.

‘‘(6)(A) An interested party may, after exhaustion of tribal remedies, submit, in a timely manner, a petition to the Secretary

to review the compliance of the Navajo Nation with any regulations

approved under this subsection. If upon such review the Secretary

determines that the regulations were violated, the Secretary may

take such action as may be necessary to remedy the violation,

including rescinding the approval of the tribal regulations and

reassuming responsibility for the approval of leases for Navajo

Nation tribal trust lands.

‘‘(B) If the Secretary seeks to remedy a violation described

in subparagraph (A), the Secretary shall—

‘‘(i) make a written determination with respect to the regulations that have been violated;
H. R. 5528—69

‘‘(ii) provide the Navajo Nation with a written notice of

the alleged violation together with such written determination;

and

‘‘(iii) prior to the exercise of any remedy or the rescission

of the approval of the regulation involved and the reassumption

of the lease approval responsibility, provide the Navajo Nation

with a hearing on the record and a reasonable opportunity

to cure the alleged violation.’’.

TITLE 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.—
H. R. 5528—70

‘‘(1) IN GENERAL.—The Board of Directors shall be the

governing body of the Foundation. The Board may exercise,

or provide for the exercise of, the powers of the Foundation.

‘‘(2) SELECTION.—The number of members of the Board,

the manner of their selection (including the filling of vacancies),

and their terms of office shall be as provided in the constitution

and bylaws of the Foundation. However, the Board shall have

at least 11 members, two of whom shall be the Secretary

and the Assistant Secretary of the Interior for Indian Affairs,

who shall serve as ex officio nonvoting members, and the initial

voting members of the Board shall be appointed by the Secretary not later than 6 months after the date that the Foundation is established and shall have staggered terms (as determined by the Secretary).

‘‘(3) QUALIFICATION.—The members of the Board shall be

United States citizens who are knowledgeable or experienced

in American Indian education and shall, to the extent practicable, represent diverse points of view relating to the education of American Indians.

‘‘(4) COMPENSATION.—Members of the Board shall not

receive compensation for their services as members, but shall

be reimbursed for actual and necessary travel and subsistence

expenses incurred by them in the performance of the duties

of the Foundation.

‘‘(g) OFFICERS.—

‘‘(1) IN GENERAL.—The officers of the Foundation shall be

a secretary, elected from among the members of the Board,

and any other officers provided for in the constitution and

bylaws of the Foundation.

‘‘(2) SECRETARY OF FOUNDATION.—The secretary shall serve,

at the direction of the Board, as its chief operating officer

and shall be knowledgeable and experienced in matters relating

to education in general and education of American Indians

in particular.

‘‘(3) ELECTION.—The manner of election, term of office,

and duties of the officers shall be as provided in the constitution

and bylaws of the Foundation.

‘‘(h) POWERS.—The Foundation—

‘‘(1) shall adopt a constitution and bylaws for the management of its property and the regulation of its affairs, which

may be amended;

‘‘(2) may adopt and alter a corporate seal;

‘‘(3) may make contracts, subject to the limitations of this

Act;

‘‘(4) may acquire (through a gift or otherwise), own, lease,

encumber, and transfer real or personal property as necessary

or convenient to carry out the purposes of the Foundation;

‘‘(5) may sue and be sued; and

‘‘(6) may perform any other act necessary and proper to

carry out the purposes of the Foundation.

‘‘(i) PRINCIPAL OFFICE.—The principal office of the Foundation

shall be in the District of Columbia. However, the activities of

the Foundation may be conducted, and offices may be maintained,

throughout the United States in accordance with the constitution

and bylaws of the Foundation.
H. R. 5528—71

‘‘( 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—
H. R. 5528—72

‘‘(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
H. R. 5528—73

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 SelfDetermination 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
H. R. 5528—74

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
H. R. 5528—75

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
H. R. 5528—76

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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.