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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5528 Enrolled Bill (ENR)]

        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.
Sec. 604. Ratification of settlement agreement.
Sec. 605. Settlement funds.
Sec. 606. Trust land acquisition and status.
Sec. 607. Permanent flowage easements.
Sec. 608. Satisfaction of claims, waivers, and releases.
Sec. 609. Miscellaneous provisions.
Sec. 610. Authorization of appropriations.
Sec. 611. Effective date.

                     TITLE VII--SHAWNEE TRIBE STATUS

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

                    TITLE VIII--TECHNICAL CORRECTIONS

Sec. 801. Short title.

             Subtitle A--Miscellaneous Technical Provisions

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

                   Subtitle B--Santa Fe Indian School

Sec. 821. Short title.
Sec. 822. Definitions.
Sec. 823. Transfer of certain lands for use as the Santa Fe Indian 
          School.
Sec. 824. Land use.

                TITLE IX--CALIFORNIA INDIAN LAND TRANSFER

Sec. 901. Short title.
Sec. 902. Lands held in trust for various tribes of California Indians.
Sec. 903. Miscellaneous provisions.

                 TITLE X--NATIVE AMERICAN HOMEOWNERSHIP

Sec. 1001. Lands Title Report Commission.
Sec. 1002. Loan guarantees.
Sec. 1003. Native American housing assistance.

       TITLE XI--INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES

Sec. 1101. Short title.
Sec. 1102. Findings, purposes.
Sec. 1103. Amendments to the Indian Employment, Training and Related 
          Services Demonstration Act of 1992.
Sec. 1104. Report on expanding the opportunities for program 
          integration.

               TITLE XII--NAVAJO NATION TRUST LAND LEASING

Sec. 1201. Short title.
Sec. 1202. Congressional findings and declaration of purposes.
Sec. 1203. Lease of restricted lands for the Navajo Nation.

            TITLE XIII--AMERICAN INDIAN EDUCATION FOUNDATION

Sec. 1301. Short title.
Sec. 1302. Establishment of American Indian Education Foundation.

                 TITLE XIV--GRATON RANCHERIA RESTORATION

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

             TITLE XV--CEMETERY SITES AND HISTORICAL PLACES

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

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

SEC. 101. FINDINGS.

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

SEC. 102. CONVEYANCE AND OPERATION OF IRRIGATION WORKS.

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

SEC. 103. RELATIONSHIP TO OTHER LAWS.

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

              TITLE II--NATIVE HAWAIIAN HOUSING ASSISTANCE

SEC. 201. SHORT TITLE.

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

SEC. 202. FINDINGS.

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

SEC. 203. HOUSING ASSISTANCE.

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

         ``TITLE VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

``SEC. 801. DEFINITIONS.

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

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

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

``SEC. 803. HOUSING PLAN.

    ``(a) Plan Submission.--The Secretary shall--
        ``(1) require the Director to submit a housing plan under this 
    section for each fiscal year; and
        ``(2) provide for the review of each plan submitted under 
    paragraph (1).
    ``(b) 5-Year Plan.--Each housing plan under this section shall--
        ``(1) be in a form prescribed by the Secretary; and
        ``(2) contain, with respect to the 5-year period beginning with 
    the fiscal year for which the plan is submitted, the following 
    information:
            ``(A) Mission statement.--A general statement of the 
        mission of the Department of Hawaiian Home Lands to serve the 
        needs of the low-income families to be served by the 
        Department.
            ``(B) 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--
                ``(i) an identification and a description of the 
            financial resources reasonably available to the Department 
            to carry out the purposes of this title, including an 
            explanation of the manner in which amounts made available 
            will be used to leverage additional resources; and
                ``(ii) the uses to which the resources described in 
            clause (i) will be committed, including--

                    ``(I) eligible and required affordable housing 
                activities; and
                    ``(II) administrative expenses.

            ``(D) Affordable housing resources.--A statement of the 
        affordable housing resources currently available at the time of 
        the submittal of the plan and to be made available during the 
        period covered by the plan, including--
                ``(i) a description of the significant characteristics 
            of the housing market in the State of Hawaii, including the 
            availability of housing from other public sources, private 
            market housing;
                ``(ii) the manner in which the characteristics referred 
            to in clause (i) influence the decision of the Department 
            of Hawaiian Home Lands to use grant amounts to be provided 
            under this title for--

                    ``(I) rental assistance;
                    ``(II) the production of new units;
                    ``(III) the acquisition of existing units; or
                    ``(IV) the rehabilitation of units;

                ``(iii) a description of the structure, coordination, 
            and means of cooperation between the Department of Hawaiian 
            Home Lands and any other governmental entities in the 
            development, submission, or implementation of housing 
            plans, including a description of--

                    ``(I) the involvement of private, public, and 
                nonprofit organizations and institutions;
                    ``(II) the use of loan guarantees under section 
                184A of the Housing and Community Development Act of 
                1992; and
                    ``(III) other housing assistance provided by the 
                United States, including loans, grants, and mortgage 
                insurance;

                ``(iv) a description of the manner in which the plan 
            will address the needs identified pursuant to subparagraph 
            (C);
                ``(v) a description of--

                    ``(I) any existing or anticipated homeownership 
                programs and rental programs to be carried out during 
                the period covered by the plan; and
                    ``(II) the requirements and assistance available 
                under the programs referred to in subclause (I);

                ``(vi) a description of--

                    ``(I) any existing or anticipated housing 
                rehabilitation programs necessary to ensure the long-
                term viability of the housing to be carried out during 
                the period covered by the plan; and
                    ``(II) the requirements and assistance available 
                under the programs referred to in subclause (I);

                ``(vii) a description of--

                    ``(I) all other existing or anticipated housing 
                assistance provided by the Department of Hawaiian Home 
                Lands during the period covered by the plan, 
                including--

                        ``(aa) transitional housing;
                        ``(bb) homeless housing;
                        ``(cc) college housing; and
                        ``(dd) supportive services housing; and

                    ``(II) the requirements and assistance available 
                under such programs;

                ``(viii)(I) a description of any housing to be 
            demolished or disposed of;
                ``(II) a timetable for that demolition or disposition; 
            and
                ``(III) any other information required by the Secretary 
            with respect to that demolition or disposition;
                ``(ix) a description of the manner in which the 
            Department of Hawaiian Home Lands will coordinate with 
            welfare agencies in the State of Hawaii to ensure that 
            residents of the affordable housing will be provided with 
            access to resources to assist in obtaining employment and 
            achieving self-sufficiency;
                ``(x) a description of the requirements established by 
            the Department of Hawaiian Home Lands to--

                    ``(I) promote the safety of residents of the 
                affordable housing;
                    ``(II) facilitate the undertaking of crime 
                prevention measures;
                    ``(III) allow resident input and involvement, 
                including the establishment of resident organizations; 
                and
                    ``(IV) allow for the coordination of crime 
                prevention activities between the Department and local 
                law enforcement officials; and

                ``(xi) a description of the entities that will carry 
            out the activities under the plan, including the 
            organizational capacity and key personnel of the entities.
            ``(E) Certification of compliance.--Evidence of compliance 
        that shall include, as appropriate--
                ``(i) a certification that the Department of Hawaiian 
            Home Lands will comply with--

                    ``(I) title VI of the Civil Rights Act of 1964 (42 
                U.S.C. 2000d et seq.) or with title VIII of the Act 
                popularly known as the `Civil Rights Act of 1968' (42 
                U.S.C. 3601 et seq.) in carrying out this title, to the 
                extent that such title is applicable; and
                    ``(II) other applicable Federal statutes;

                ``(ii) a certification that the Department will require 
            adequate insurance coverage for housing units that are 
            owned and operated or assisted with grant amounts provided 
            under this title, in compliance with such requirements as 
            may be established by the Secretary;
                ``(iii) a certification that policies are in effect and 
            are available for review by the Secretary and the public 
            governing the eligibility, admission, and occupancy of 
            families for housing assisted with grant amounts provided 
            under this title;
                ``(iv) a certification that policies are in effect and 
            are available for review by the Secretary and the public 
            governing rents charged, including the methods by which 
            such rents or homebuyer payments are determined, for 
            housing assisted with grant amounts provided under this 
            title; and
                ``(v) a certification that policies are in effect and 
            are available for review by the Secretary and the public 
            governing the management and maintenance of housing 
            assisted with grant amounts provided under this title.
    ``(d) Applicability of Civil Rights Statutes.--
        ``(1) In general.--To the extent that the requirements of title 
    VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) or of 
    title VIII of the Act popularly known as the `Civil Rights Act of 
    1968' (42 U.S.C. 3601 et seq.) apply to assistance provided under 
    this title, nothing in the requirements concerning discrimination 
    on the basis of race shall be construed to prevent the provision of 
    assistance under this title--
            ``(A) to the Department of Hawaiian Home Lands on the basis 
        that the Department served Native Hawaiians; or
            ``(B) to an eligible family on the basis that the family is 
        a Native Hawaiian family.
        ``(2) Civil rights.--Program eligibility under this title may 
    be restricted to Native Hawaiians. Subject to the preceding 
    sentence, no person may be discriminated against on the basis of 
    race, color, national origin, religion, sex, familial status, or 
    disability.
    ``(e) Use of Nonprofit Organizations.--As a condition of receiving 
grant amounts under this title, the Department of Hawaiian Home Lands 
shall, to the extent practicable, provide for private nonprofit 
organizations experienced in the planning and development of affordable 
housing for Native Hawaiians to carry out affordable housing activities 
with those grant amounts.

``SEC. 804. REVIEW OF PLANS.

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

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

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

``SEC. 806. ENVIRONMENTAL REVIEW.

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

``SEC. 807. REGULATIONS.

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

``SEC. 808. EFFECTIVE DATE.

    ``Except as otherwise expressly provided in this title, this title 
shall take effect on the date of 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 low-
        income Native Hawaiian families with Federal, State, and local 
        activities to further economic and community development;
            ``(D) to plan for and integrate infrastructure resources on 
        the Hawaiian Home Lands with housing development; and
            ``(E) to--
                ``(i) promote the development of private capital 
            markets; and
                ``(ii) allow the markets referred to in clause (i) to 
            operate and grow, thereby benefiting Native Hawaiian 
            communities.
        ``(2) Eligible families.--
            ``(A) In general.--Except as provided under subparagraph 
        (B), assistance for eligible housing activities under this 
        title shall be limited to low-income Native Hawaiian families.
            ``(B) Exception to low-income requirement.--
                ``(i) In general.--The Director may provide assistance 
            for homeownership activities under--

                    ``(I) section 810(b);
                    ``(II) model activities under section 810(f); or
                    ``(III) loan guarantee activities under section 
                184A of the Housing and Community Development Act of 
                1992 to Native Hawaiian families who are not low-income 
                families, to the extent that the Secretary approves the 
                activities under that section to address a need for 
                housing for those families that cannot be reasonably 
                met without that assistance.

                ``(ii) Limitations.--The Secretary shall establish 
            limitations on the amount of assistance that may be 
            provided under this title for activities for families that 
            are not low-income families.
            ``(C) Other families.--Notwithstanding paragraph (1), the 
        Director may provide housing or housing assistance provided 
        through affordable housing activities assisted with grant 
        amounts under this title to a family that is not composed of 
        Native Hawaiians if--
                ``(i) the Department determines that the presence of 
            the family in the housing involved is essential to the 
            well-being of Native Hawaiian families; and
                ``(ii) the need for housing for the family cannot be 
            reasonably met without the assistance.
            ``(D) Preference.--
                ``(i) In general.--A housing plan submitted under 
            section 803 may authorize a preference, for housing or 
            housing assistance provided through affordable housing 
            activities assisted with grant amounts provided under this 
            title to be provided, to the extent practicable, to 
            families that are eligible to reside on the Hawaiian Home 
            Lands.
                ``(ii) Application.--In any case in which a housing 
            plan provides for preference described in clause (i), the 
            Director shall ensure that housing activities that are 
            assisted with grant amounts under this title are subject to 
            that preference.
            ``(E) Use of nonprofit organizations.--As a condition of 
        receiving grant amounts under this title, the Department of 
        Hawaiian Home Lands, shall to the extent practicable, provide 
        for private nonprofit organizations experienced in the planning 
        and development of affordable housing for Native Hawaiians to 
        carry out affordable housing activities with those grant 
        amounts.

``SEC. 810. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.

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

``SEC. 811. PROGRAM REQUIREMENTS.

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

``SEC. 812. TYPES OF INVESTMENTS.

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

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

    ``(a) In General.--Housing shall qualify for affordable housing for 
purposes of this title only if--
        ``(1) each dwelling unit in the housing--
            ``(A) in the case of rental housing, is made available for 
        occupancy only by a family that is a low-income family at the 
        time of the initial occupancy of that family of that unit; and
            ``(B) in the case of housing for homeownership, is made 
        available for purchase only by a family that is a low-income 
        family at the time of purchase; and
        ``(2) each dwelling unit in the housing will remain affordable, 
    according to binding commitments satisfactory to the Secretary, 
    for--
            ``(A) the remaining useful life of the property (as 
        determined by the Secretary) without regard to the term of the 
        mortgage or to transfer of ownership; or
            ``(B) such other period as the Secretary determines is the 
        longest feasible period of time consistent with sound economics 
        and the purposes of this title, except upon a foreclosure by a 
        lender (or upon other transfer in lieu of foreclosure) if that 
        action--
                ``(i) recognizes any contractual or legal rights of any 
            public agency, nonprofit sponsor, or other person or entity 
            to take an action that would--

                    ``(I) avoid termination of low-income 
                affordability, in the case of foreclosure; or
                    ``(II) transfer ownership in lieu of foreclosure; 
                and

                ``(ii) is not for the purpose of avoiding low-income 
            affordability restrictions, as determined by the Secretary.
    ``(b) Exception.--Notwithstanding subsection (a), housing 
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
            ``(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.
    ``(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--
            ``(A) to recover the amount of the assistance furnished 
        under this title that was not expended in accordance with this 
        title; or
            ``(B) for mandatory or injunctive relief.
    ``(d) Review.--
        ``(1) In general.--If the Director receives notice under 
    subsection (a) of the termination, reduction, or limitation of 
    payments under this Act, the Director--
            ``(A) may, not later than 60 days after receiving such 
        notice, file with the United States Court of Appeals for the 
        Ninth Circuit, or in the United States Court of Appeals for the 
        District of Columbia, a petition for review of the action of 
        the Secretary; and
            ``(B) upon the filing of any petition under subparagraph 
        (A), shall forthwith transmit copies of the petition to the 
        Secretary and the Attorney General of the United States, who 
        shall represent the Secretary in the litigation.
        ``(2) Procedure.--
            ``(A) In general.--The Secretary shall file in the court a 
        record of the proceeding on which the Secretary based the 
        action, as provided in section 2112 of title 28, United States 
        Code.
            ``(B) Objections.--No objection to the action of the 
        Secretary shall be considered by the court unless the 
        Department has registered the objection before the Secretary.
        ``(3) Disposition.--
            ``(A) Court proceedings.--
                ``(i) Jurisdiction of court.--The court shall have 
            jurisdiction to affirm or modify the action of the 
            Secretary or to set the action aside in whole or in part.
                ``(ii) Findings of fact.--If supported by substantial 
            evidence on the record considered as a whole, the findings 
            of fact by the Secretary shall be conclusive.
                ``(iii) Addition.--The court may order evidence, in 
            addition to the evidence submitted for review under this 
            subsection, to be taken by the Secretary, and to be made 
            part of the record.
            ``(B) Secretary.--
                ``(i) In general.--The Secretary, by reason of the 
            additional evidence referred to in subparagraph (A) and 
            filed with the court--

                    ``(I) may--

                        ``(aa) modify the findings of fact of the 
                    Secretary; or
                        ``(bb) make new findings; and

                    ``(II) shall file--

                        ``(aa) such modified or new findings; and
                        ``(bb) the recommendation of the Secretary, if 
                    any, for the modification or setting aside of the 
                    original action of the Secretary.
                ``(ii) Findings.--The findings referred to in clause 
            (i)(II)(bb) shall, with respect to a question of fact, be 
            considered to be conclusive if those findings are--

                    ``(I) supported by substantial evidence on the 
                record; and
                    ``(II) considered as a whole.

        ``(4) Finality.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        upon the filing of the record under this subsection with the 
        court--
                ``(i) the jurisdiction of the court shall be exclusive; 
            and
                ``(ii) the judgment of the court shall be final.
            ``(B) Review by supreme court.--A judgment under 
        subparagraph (A) shall be subject to review by the Supreme 
        Court of the United States upon writ of certiorari or 
        certification, as provided in section 1254 of title 28, United 
        States Code.

``SEC. 819. MONITORING OF COMPLIANCE.

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

``SEC. 820. PERFORMANCE REPORTS.

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

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

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

``SEC. 822. GENERAL ACCOUNTING OFFICE AUDITS.

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

``SEC. 823. REPORTS TO CONGRESS.

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

``SEC. 824. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 204. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.

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

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

    ``(a) Definitions.--In this section:
        ``(1) Department of hawaiian home lands.--The term `Department 
    of Hawaiian Home Lands' means the agency or department of the 
    government of the State of Hawaii that is responsible for the 
    administration of the Hawaiian Homes Commission Act, 1920 (42 Stat. 
    108 et seq.).
        ``(2) Eligible entity.--The term `eligible entity' means a 
    Native Hawaiian family, the Department of Hawaiian Home Lands, the 
    Office of Hawaiian Affairs, and private nonprofit or private for-
    profit organizations experienced in the planning and development of 
    affordable housing for Native Hawaiians.
        ``(3) Family.--The term `family' means 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
                ``(ii) provides for the use of loan guarantees under 
            this section to provide affordable homeownership housing on 
            Hawaiian Home Lands.
        ``(3) Security.--The loan may be secured by any collateral 
    authorized under applicable Federal or State law.
        ``(4) Lenders.--
            ``(A) In general.--The loan shall be made only by a lender 
        approved by, and meeting qualifications established by, the 
        Secretary, including any lender described in subparagraph (B), 
        except that a loan otherwise insured or guaranteed by an agency 
        of the Federal Government or made by the Department of Hawaiian 
        Home Lands from amounts borrowed from the United States shall 
        not be eligible for a guarantee under this section.
            ``(B) Approval.--The following lenders shall be considered 
        to be lenders that have been approved by the Secretary:
                ``(i) Any mortgagee approved by the Secretary for 
            participation in the single family mortgage insurance 
            program under title II of the National Housing Act (12 
            U.S.C.A. 1707 et seq.).
                ``(ii) Any lender that makes housing loans under 
            chapter 37 of title 38, United States Code, that are 
            automatically guaranteed under section 3702(d) of title 38, 
            United States Code.
                ``(iii) Any lender approved by the Secretary of 
            Agriculture to make guaranteed loans for single family 
            housing under the Housing Act of 1949 (42 U.S.C.A. 1441 et 
            seq.).
                ``(iv) Any other lender that is supervised, approved, 
            regulated, or insured by any agency of the Federal 
            Government.
        ``(5) Terms.--The loan shall--
            ``(A) be made for a term not exceeding 30 years;
            ``(B) bear interest (exclusive of the guarantee fee under 
        subsection (e) and service charges, if any) at a rate agreed 
        upon by the borrower and the lender and determined by the 
        Secretary to be reasonable, but not to exceed the rate 
        generally charged in the area (as determined by the Secretary) 
        for home mortgage loans not guaranteed or insured by any agency 
        or instrumentality of the Federal Government;
            ``(C) involve a principal obligation not exceeding--
                ``(i) 97.75 percent of the appraised value of the 
            property as of the date the loan is accepted for guarantee 
            (or 98.75 percent if the value of the property is $50,000 
            or less); or
                ``(ii) the amount approved by the Secretary under this 
            section; and
            ``(D) involve a payment on account of the property--
                ``(i) in cash or its equivalent; or
                ``(ii) through the value of any improvements to the 
            property made through the skilled or unskilled labor of the 
            borrower, as the Secretary shall provide.
    ``(d) Certificate of Guarantee.--
        ``(1) Approval process.--
            ``(A) In general.--Before the Secretary approves any loan 
        for guarantee under this section, the lender shall submit the 
        application for the loan to the Secretary for examination.
            ``(B) Approval.--If the Secretary approves the application 
        submitted under subparagraph (A), the Secretary shall issue a 
        certificate under this subsection as evidence of the loan 
        guarantee approved.
        ``(2) Standard for approval.--The Secretary may approve a loan 
    for guarantee under this section and issue a certificate under this 
    subsection only if the Secretary determines that there is a 
    reasonable prospect of repayment of the loan.
        ``(3) Effect.--
            ``(A) In general.--A certificate of guarantee issued under 
        this subsection by the Secretary shall be conclusive evidence 
        of the eligibility of the loan for guarantee under this section 
        and the amount of that guarantee.
            ``(B) Evidence.--The evidence referred to in subparagraph 
        (A) shall be incontestable in the hands of the bearer.
            ``(C) Full faith and credit.--The full faith and credit of 
        the United States is pledged to the payment of all amounts 
        agreed to be paid by the Secretary as security for the 
        obligations made by the Secretary under this section.
        ``(4) Fraud and misrepresentation.--This subsection may not be 
    construed--
            ``(A) to preclude the Secretary from establishing defenses 
        against the original lender based on fraud or material 
        misrepresentation; or
            ``(B) to bar the Secretary from establishing by regulations 
        that are on the date of issuance or disbursement, whichever is 
        earlier, partial defenses to the amount payable on the 
        guarantee.
    ``(e) Guarantee Fee.--
        ``(1) In general.--The Secretary shall fix and collect a 
    guarantee fee for the guarantee of a loan under this section, which 
    may not exceed the amount equal to 1 percent of the principal 
    obligation of the loan.
        ``(2) Payment.--The fee under this subsection shall--
            ``(A) be paid by the lender at time of issuance of the 
        guarantee; and
            ``(B) be adequate, in the determination of the Secretary, 
        to cover expenses and probable losses.
        ``(3) Deposit.--The Secretary shall deposit any fees collected 
    under this subsection in the Native Hawaiian Housing Loan Guarantee 
    Fund established under subsection (j).
    ``(f) Liability Under Guarantee.--The liability under a guarantee 
provided under this section shall decrease or increase on a pro rata 
basis according to any decrease or increase in the amount of the unpaid 
obligation under the provisions of the loan agreement involved.
    ``(g) Transfer and Assumption.--Notwithstanding any other provision 
of law, any loan guaranteed under this section, including the security 
given for the loan, may be sold or assigned by the lender to any 
financial institution subject to examination and supervision by an 
agency of the Federal Government or of any State or the District of 
Columbia.
    ``(h) Disqualification of Lenders and Civil Money Penalties.--
        ``(1) In general.--
            ``(A) Grounds for action.--The Secretary may take action 
        under subparagraph (B) if the Secretary determines that any 
        lender or holder of a guarantee certificate under subsection 
        (d)--
                ``(i) has failed--

                    ``(I) to maintain adequate accounting records;
                    ``(II) to service adequately loans guaranteed under 
                this section; or
                    ``(III) to exercise proper credit or underwriting 
                judgment; or

                ``(ii) has engaged in practices otherwise detrimental 
            to the interest of a borrower or the United States.
            ``(B) Actions.--Upon a determination by the Secretary that 
        a holder of a guarantee certificate under subsection (d) has 
        failed to carry out an activity described in subparagraph 
        (A)(i) or has engaged in practices described in subparagraph 
        (A)(ii), the Secretary may--
                ``(i) refuse, either temporarily or permanently, to 
            guarantee any further loans made by such lender or holder;
                ``(ii) bar such lender or holder from acquiring 
            additional loans guaranteed under this section; and
                ``(iii) require that such lender or holder assume not 
            less than 10 percent of any loss on further loans made or 
            held by the lender or holder that are guaranteed under this 
            section.
        ``(2) Civil money penalties for intentional violations.--
            ``(A) In general.--The Secretary may impose a civil 
        monetary penalty on a lender or holder of a guarantee 
        certificate under subsection (d) if the Secretary determines 
        that the holder or lender has intentionally failed--
                ``(i) to maintain adequate accounting records;
                ``(ii) to adequately service loans guaranteed under 
            this section; or
                ``(iii) to exercise proper credit or underwriting 
            judgment.
            ``(B) Penalties.--A civil monetary penalty imposed under 
        this paragraph shall be imposed in the manner and be in an 
        amount provided under section 536 of the National Housing Act 
        (12 U.S.C.A. 1735f-1) with respect to mortgagees and lenders 
        under that Act.
        ``(3) Payment on loans made in good faith.--Notwithstanding 
    paragraphs (1) and (2), if a loan was made in good faith, the 
    Secretary may not refuse to pay a lender or holder of a valid 
    guarantee on that loan, without regard to whether the lender or 
    holder is barred under this subsection.
    ``(i) Payment Under Guarantee.--
        ``(1) Lender options.--
            ``(A) In general.--
                ``(i) Notification.--If a borrower on a loan guaranteed 
            under this section defaults on the loan, the holder of the 
            guarantee certificate shall provide written notice of the 
            default to the Secretary.
                ``(ii) Payment.--Upon providing the notice required 
            under clause (i), the holder of the guarantee certificate 
            shall be entitled to payment under the guarantee (subject 
            to the provisions of this section) and may proceed to 
            obtain payment in 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.
        ``(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.--
            ``(A) Requirement of appropriations.--The authority of the 
        Secretary to enter into commitments to guarantee loans under 
        this section shall be effective for any fiscal year to the 
        extent, or in such amounts as are, or have been, provided in 
        appropriations Acts, without regard to the fiscal year for 
        which such amounts were appropriated.
            ``(B) Limitations on costs of guarantees.--The authority of 
        the Secretary to enter into commitments to guarantee loans 
        under this section shall be effective for any fiscal year only 
        to the extent that amounts in the Guarantee Fund are or have 
        been made available in appropriations Acts to cover the costs 
        (as that term is defined in section 502 of the Federal Credit 
        Reform Act of 1990 (2 U.S.C. 661a)) of such loan guarantees for 
        such fiscal year. Any amounts appropriated pursuant to this 
        subparagraph shall remain available until expended.
            ``(C) Limitation on outstanding aggregate principal 
        amount.--Subject to the limitations in subparagraphs (A) and 
        (B), the Secretary may enter into commitments to guarantee 
        loans under this section for each of fiscal years 2000, 2001, 
        2002, 2003, and 2004 with an aggregate outstanding principal 
        amount not exceeding $100,000,000 for each such fiscal year.
        ``(6) Liabilities.--All liabilities and obligations of the 
    assets credited to the Guarantee Fund under paragraph (2)(A) shall 
    be liabilities and obligations of the Guarantee Fund.
        ``(7) Authorization of appropriations.--There are authorized to 
    be appropriated to the Guarantee Fund to carry out this section 
    such sums as may be necessary for each of fiscal years 2000, 2001, 
    2002, 2003, and 2004.
    ``(k) Requirements for Standard Housing.--
        ``(1) In general.--The Secretary shall, by regulation, 
    establish housing safety and quality standards to be applied for 
    use under this section.
        ``(2) Standards.--The standards referred to in paragraph (1) 
    shall--
            ``(A) provide sufficient flexibility to permit the use of 
        various designs and materials in housing acquired with loans 
        guaranteed under this section; and
            ``(B) require each dwelling unit in any housing acquired in 
        the manner described in subparagraph (A) to--
                ``(i) be decent, safe, sanitary, and modest in size and 
            design;
                ``(ii) conform with applicable general construction 
            standards for the region in which the housing is located;
                ``(iii) contain a plumbing system that--

                    ``(I) uses a properly installed system of piping;
                    ``(II) includes a kitchen sink and a partitional 
                bathroom with lavatory, toilet, and bath or shower; and
                    ``(III) uses water supply, plumbing, and sewage 
                disposal systems that conform to any minimum standards 
                established by the applicable county or State;

                ``(iv) contain an electrical system using wiring and 
            equipment properly installed to safely supply electrical 
            energy for adequate lighting and for operation of 
            appliances that conforms to any appropriate county, State, 
            or national code;
                ``(v) be not less than the size provided under the 
            applicable locally adopted standards for size of dwelling 
            units, except that the Secretary, upon request of the 
            Department of Hawaiian Home Lands may waive the size 
            requirements under this paragraph; and
                ``(vi) conform with the energy performance requirements 
            for new construction established by the Secretary under 
            section 526(a) of the National Housing Act (12 U.S.C.A. 
            1735f-4), unless the Secretary determines that the 
            requirements are not applicable.
    ``(l) Applicability of Civil Rights Statutes.--To the extent that 
the requirements of title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.) or of title VIII of the Act popularly known as the 
`Civil Rights Act of 1968' (42 U.S.C.A. 3601 et seq.) apply to a 
guarantee provided under this subsection, nothing in the requirements 
concerning discrimination on the basis of race shall be construed to 
prevent the provision of the guarantee to an eligible entity on the 
basis that the entity serves Native Hawaiian families or is a Native 
Hawaiian family.''.

       TITLE III--COUSHATTA TRIBE OF LOUISIANA LAND TRANSACTIONS

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

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

               TITLE IV--WAKPA SICA RECONCILIATION PLACE

SEC. 401. FINDINGS.

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

SEC. 402. DEFINITIONS.

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

                   Subtitle A--Reconciliation Center

SEC. 411. RECONCILIATION CENTER.

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

SEC. 412. SIOUX NATION TRIBAL SUPREME COURT.

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

SEC. 413. LEGAL JURISDICTION NOT AFFECTED.

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

                         Subtitle B--GAO Study

SEC. 421. GAO STUDY.

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

SEC. 603. DEFINITIONS.

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

SEC. 604. RATIFICATION OF SETTLEMENT AGREEMENT.

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

SEC. 605. SETTLEMENT FUNDS.

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

SEC. 606. TRUST LAND ACQUISITION AND STATUS.

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

SEC. 607. PERMANENT FLOWAGE EASEMENTS.

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

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

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

SEC. 609. MISCELLANEOUS PROVISIONS.

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

SEC. 610. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 611. EFFECTIVE DATE.

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

                    TITLE VII--SHAWNEE TRIBE STATUS

SEC. 701. SHORT TITLE.

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

SEC. 702. FINDINGS.

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

SEC. 703. DEFINITIONS.

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

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

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

SEC. 705. ESTABLISHMENT OF A TRIBAL ROLL.

    (a) Approval of Base Roll.--Not later than 180 days after the date 
of 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.--
        (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''.

             Subtitle A--Miscellaneous Technical Provisions

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

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

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

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

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

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

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

    Section 408(b) of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3207(b)) is amended--
        (1) by striking ``any offense'' and inserting ``any felonious 
    offense, or any of 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:
        ``(4) are paid by the State of Minnesota to the Bois Forte Band 
    of Chippewa Indians pursuant to the agreements of such Band to 
    voluntarily restrict tribal rights to hunt and fish in territory 
    cede under the Treaty of September 30, 1854 (10 Stat. 1109), 
    including all interest accrued on such funds during any period in 
    which such funds are held in a minor's trust,''.

SEC. 819. LAND TO BE TAKEN INTO TRUST.

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

                   Subtitle B--Santa Fe Indian School

SEC. 821. SHORT TITLE.

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

SEC. 822. DEFINITIONS.

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

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

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

SEC. 824. LAND USE.

    (a) Limitation for Educational and Cultural Purposes.--The land 
taken into trust under section 823(a) shall be used solely for the 
educational, health, or cultural purposes of the Santa Fe Indian 
School, including use for related non-profit or technical programs, as 
operated by Santa Fe Indian School, Inc. on the date of 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).

               TITLE IX--CALIFORNIA INDIAN LAND TRANSFER

SEC. 901. SHORT TITLE.

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

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

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

                    Township 42 North, Range 13 East

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

                    Township 43 North, Range 13 East

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

                   Township 44 North, Range 14 East,

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

                    Township 13 South, Range 34 East

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

                    Township 14 South, Range 2 East

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

                    Township 15 South, Range 6 East

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

                    Township 16 South, Range 6 East

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

                     Township 3 South, Range 2 East

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

                     Township 9 South, Range 2 West

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

                    Township 46 North, Range 16 East

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

SEC. 903. MISCELLANEOUS PROVISIONS.

    (a) Proceeds From Rents and Royalties Transferred to Indians.--
Amounts which accrue to the United States after the date of the 
enactment of this Act from sales, bonuses, royalties, and rentals 
relating to any land described in section 902 shall be available for 
use or obligation, in such manner and for such purposes as the 
Secretary may approve, by the tribe, band, or group of Indians for 
whose benefit such land is taken into trust.
    (b) Notice of Cancellation of Grazing Preferences.--Grazing 
preferences on lands described in section 902 shall terminate 2 years 
after the date of the enactment of this Act.
    (c) Laws Governing Lands To Be Held in Trust.--
        (1) In general.--Any lands which are to be held in trust for 
    the benefit of any tribe, band, or group of Indians pursuant to 
    this Act shall be added to the existing reservation of the tribe, 
    band, or group, and the official boundaries of the reservation 
    shall be modified accordingly.
        (2) Applicability of laws of the united states.--The lands 
    referred to in paragraph (1) shall be subject to the laws of the 
    United States relating to Indian land in the same manner and to the 
    same extent as other lands held in trust for such tribe, band, or 
    group on the day before the date of 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 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 of the House of 
Representatives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate describing the analysis and determinations made 
pursuant to subsection (d).
    (f) Powers.--
        (1) Hearings and sessions.--The Commission may, for the purpose 
    of carrying out this section, hold hearings, sit and act at times 
    and places, take testimony, and receive evidence as the Commission 
    considers appropriate.
        (2) Staff of federal agencies.--Upon request of the Commission, 
    the head of any Federal department or agency may detail, on a 
    reimbursable basis, any of the personnel of that department or 
    agency to the Commission to assist it in carrying out its duties 
    under this section.
        (3) Obtaining official data.--The Commission may secure 
    directly from any department or agency of the United States 
    information necessary to enable it to carry out this section. Upon 
    request of the Chairperson of the Commission, the head of that 
    department or agency shall furnish that information to the 
    Commission.
        (4) Mails.--The Commission may use the United States mails in 
    the same manner and under the same conditions as other departments 
    and agencies of the United States.
        (5) Administrative support services.--Upon the request of the 
    Commission, the Administrator of General Services shall provide to 
    the Commission, on a reimbursable basis, the administrative support 
    services necessary for the Commission to carry out its duties under 
    this section.
        (6) Staff.--The Commission may appoint personnel as it 
    considers appropriate, subject to the provisions of title 5, United 
    States Code, governing appointments in the competitive service, and 
    shall pay such personnel in accordance with the provisions of 
    chapter 51 and subchapter III of chapter 53 of that title relating 
    to classification and General Schedule pay rates.
    (g) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $500,000. Such sums shall remain 
available until expended.
    (h) Termination.--The Commission shall terminate 1 year after the 
date of the initial meeting of the Commission.

SEC. 1002. LOAN GUARANTEES.

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

SEC. 1003. NATIVE AMERICAN HOUSING ASSISTANCE.

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

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

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

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

    ``(a) Requirements Under Chapter 75 of Title 31, United States 
Code.--An entity designated by an Indian tribe as a housing entity 
shall be treated, for purposes of chapter 75 of title 31, United States 
Code, as a non-Federal entity that is subject to the audit requirements 
that apply to non-Federal entities under that chapter.
    ``(b) Additional Reviews and Audits.--
        ``(1) In general.--In addition to any audit or review under 
    subsection (a), to the extent the Secretary determines such action 
    to be appropriate, the Secretary may conduct an audit or review of 
    a recipient in order to--
            ``(A) determine whether the recipient--
                ``(i) has carried out--

                    ``(I) eligible activities in a timely manner; and
                    ``(II) eligible activities and certification in 
                accordance with this Act and other applicable law;

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

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

       TITLE XI--INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES

SEC. 1101. SHORT TITLE.

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

SEC. 1102. FINDINGS, PURPOSES.

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

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

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

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

    Not later than 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 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 leases for 
    exploration, development, or extraction of any mineral resources.
        (2) To authorize the Navajo Nation, pursuant to tribal 
    regulations, which must be approved by the Secretary, to lease 
    Navajo trust lands without the approval of the Secretary of the 
    Interior for the individual leases, except leases for exploration, 
    development, or extraction of any mineral resources.
        (3) To revitalize the distressed Navajo Reservation by 
    promoting political self-determination, and encouraging economic 
    self-sufficiency, including economic development that increases 
    productivity and the standard of living for members of the Navajo 
    Nation.
        (4) To maintain, strengthen, and protect the Navajo Nation's 
    leasing power over Navajo trust lands.
        (5) To ensure that the United States is faithfully executing 
    its trust obligation to the Navajo Nation by maintaining Federal 
    supervision through oversight of and record keeping related to 
    leases of Navajo Nation tribal trust lands.

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

    The first section of the Act of August 9, 1955 (25 U.S.C. 415) is 
amended--
        (1) in subsection (d)--
            (A) in paragraph (1), by striking ``and'' at the end;
            (B) in paragraph (2), by striking the period and inserting 
        a semicolon; and
            (C) by adding at the end the following:
        ``(3) the term `individually owned Navajo Indian allotted land' 
    means a single parcel of land that--
            ``(A) is located within the jurisdiction of the Navajo 
        Nation;
            ``(B) is held in trust or restricted status by the United 
        States for the benefit of Navajo Indians or members of another 
        Indian tribe; and
            ``(C) was--
                ``(i) allotted to a Navajo Indian; or
                ``(ii) taken into trust or restricted status by the 
            United States for an individual Indian;
        ``(4) the term `interested party' means an Indian or non-Indian 
    individual or corporation, or tribal or non-tribal government whose 
    interests could be adversely affected by a tribal trust land 
    leasing decision made by the Navajo Nation;
        ``(5) the term `Navajo Nation' means the Navajo Nation 
    government that is in existence on the date of enactment of this 
    Act or its successor;
        ``(6) the term `petition' means a written request submitted to 
    the Secretary for the review of an action (or inaction) of the 
    Navajo Nation that is claimed to be in violation of the approved 
    tribal leasing regulations;
        ``(7) the term `Secretary' means the Secretary of the Interior; 
    and
        ``(8) the term `tribal regulations' means the Navajo Nation 
    regulations enacted in accordance with Navajo Nation law and 
    approved by the Secretary.''; and
        (2) by adding at the end the following:
    ``(e)(1) Any leases by the Navajo Nation for purposes authorized 
under subsection (a), and any amendments thereto, except a lease 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;
        ``(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.--
        ``(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.
    ``(j) Service of Process.--The Foundation shall comply with the law 
on service of process of each State in which it is incorporated and of 
each State in which the Foundation carries on activities.
    ``(k) Liability of Officers and Agents.--The Foundation shall be 
liable for the acts of its officers and agents acting within the scope 
of their authority. Members of the Board are personally liable only for 
gross negligence in the performance of their duties.
    ``(l) Restrictions.--
        ``(1) Limitation on spending.--Beginning with the fiscal year 
    following the first full fiscal year during which the Foundation is 
    in operation, the administrative costs of the Foundation may not 
    exceed 10 percent of the sum of--
            ``(A) the amounts transferred to the Foundation under 
        subsection (m) during the preceding fiscal year; and
            ``(B) donations received from private sources during the 
        preceding fiscal year.
        ``(2) Appointment and hiring.--The appointment of officers and 
    employees of the Foundation shall be subject to the availability of 
    funds.
        ``(3) Status.--Members of the Board, and the officers, 
    employees, and agents of the Foundation are not, by reason of their 
    association with the Foundation, officers, employees, or agents of 
    the United States.
    ``(m) Transfer of Donated Funds.--The Secretary may transfer to the 
Foundation funds held by the Department of the Interior under the Act 
of February 14, 1931 (25 U.S.C. 451), if the transfer or use of such 
funds is not prohibited by any term under which the funds were donated.
    ``(n) Audits.--The Foundation shall comply with the audit 
requirements set forth in section 10101 of title 36, United States 
Code, as if it were a corporation in part B of subtitle II of that 
title.

``SEC. 502. ADMINISTRATIVE SERVICES AND SUPPORT.

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

``SEC. 503. DEFINITIONS.

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

                TITLE XIV--GRATON RANCHERIA RESTORATION

SEC. 1401. SHORT TITLE.

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

SEC. 1402. FINDINGS.

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

SEC. 1403. DEFINITIONS.

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

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

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

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

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

SEC. 1406. MEMBERSHIP ROLLS.

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

SEC. 1407. INTERIM GOVERNMENT.

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

SEC. 1408. TRIBAL CONSTITUTION.

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

             TITLE XV--CEMETERY SITES AND HISTORICAL PLACES

SEC. 1501. FINDINGS; DEFINITIONS.

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

SEC. 1502. WITHDRAWAL OF LANDS.

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

SEC. 1503. APPLICATION FOR CONVEYANCE OF WITHDRAWN LANDS.

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

SEC. 1504. AMENDMENTS.

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

SEC. 1505. PROCEDURE FOR EVALUATING APPLICATIONS.

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

SEC. 1506. APPLICABILITY.

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

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```