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‘‘(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-Deter-
mination 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 re-
spect 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
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to or greater than the amount made available
for fiscal year 1996 for assistance for the oper-
ation and modernization of the public housing
referred to in subparagraph (A), then the
amount provided to that Indian tribe as mod-
ernization assistance shall be equal to the aver-
age annual amount of funds provided to the In-
dian tribe (other than funds provided as emer-
gency 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-Determina-
tion 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 redesig-
nated) so as to be indented 4 ems from the left mar-
gin;
(2) by striking ‘‘Except as provided’’ and in-
serting the following:
‘‘(1) IN GENERAL.—Except as provided’’;
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(3) by striking ‘‘If the Secretary takes an ac-
tion under paragraph (1), (2), or (3)’’ and inserting
the following:
‘‘(2) CONTINUANCE OF ACTIONS.—If the Sec-
retary 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 Sec-
retary makes a determination that the failure of
a recipient of assistance under this Act to com-
ply 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 para-
graph (1)(C) before conducting a hearing.
‘‘(B) PROCEDURAL REQUIREMENT.—If the
Secretary takes an action described in subpara-
graph (A), the Secretary shall—
‘‘(i) provide notice to the recipient at
the time that the Secretary takes that ac-
tion; and
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‘‘(ii) conduct a hearing not later than
60 days after the date on which the Sec-
retary provides notice under clause (i).
‘‘(C) DETERMINATION.—Upon completion
of a hearing under this paragraph, the Sec-
retary shall make a determination regarding
whether to continue taking the action that is
the subject of the hearing, or take another ac-
tion under this subsection.’’.
(i) PERFORMANCE AGREEMENT TIME LIMIT.—Sec-
tion 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—
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(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 ter-
mination 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 per-
formance 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 deter-
mines that the recipient—
‘‘(A) has made a good faith effort to meet
the compliance objectives specified in the agree-
ment, the Secretary may enter into an addi-
tional performance agreement for the period
specified in paragraph (2); and
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‘‘(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 Na-
tive 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.—Para-
graph (1) shall not apply to any contract or agree-
ment for assistance, sale, or lease pursuant to this
Act, if such contract or agreement is otherwise cov-
ered 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.—
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(1) TABLE OF CONTENTS.—Section 1(b) of the
Native American Housing Assistance and Self-De-
termination 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 SUB-
SIDY
LAYERING
REQUIREMENTS.—Section 206 of
the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4136) is re-
pealed.
(3) TERMINATIONS.—Section 502(a) of the Na-
tive American Housing Assistance and Self-Deter-
mination Act of 1996 (25 U.S.C. 4181(a)) is amend-
ed by adding at the end the following: ‘‘Any housing
that is the subject of a contract for tenant-based as-
sistance between the Secretary and an Indian hous-
ing 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).’’.
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TITLE 
XI—INDIAN 
EMPLOY-
MENT, 
TRAINING 
AND 
RE-
LATED 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 organiza-
tions that have participated in carrying out pro-
grams 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 employ-
ment-related services provided by those tribes
and organizations to their members;
(B) enabled more Indian and Alaska Na-
tive people to prepare for and secure employ-
ment;
(C) assisted in transitioning tribal mem-
bers from welfare to work; and
(D) otherwise demonstrated the value of
integrating employment, training, education
and related services.
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(E) the initiatives under the Indian Em-
ployment, Training, and Related Services Dem-
onstration Act of 1992 should be strengthened
by ensuring that all Federal programs that em-
phasize the value of work may be included with-
in a demonstration program of an Indian or
Alaska Native organization; and
(F) the initiatives under the Indian Em-
ployment, Training, and Related Services Dem-
onstration 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 ad-
minister programs covered by the Indian
Employment, Training, and Related Serv-
ices 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 pro-
vide in order to improve the effectiveness of those services,
reduce joblessness in Indian communities, foster economic
development on Indian lands, and serve tribally-deter-
mined goals consistent with the policies of self-determina-
tion and self-governance.
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SEC. 1103. AMENDMENTS TO THE INDIAN EMPLOYMENT,
TRAINING AND RELATED SERVICES DEM-
ONSTRATION ACT OF 1992.
(a) DEFINITIONS.—Section 3 of the Indian Employ-
ment, 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 fol-
lowing:
‘‘(1) FEDERAL
AGENCY.—The term ‘federal
agency’ has the same meaning given the term ‘agen-
cy’ in section 551(1) of title 5, United States
Code.’’.
(b) PROGRAMS AFFECTED.—Section 5 of the Indian
Employment, Training, and Related Services Demonstra-
tion Act of 1992 (25 U.S.C. 3404) is amended by striking
‘‘job training, tribal work experience, employment oppor-
tunities, 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 op-
portunities and any services related to these activities’’.
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(c) PLAN REVIEW.—Section 7 of the Indian Employ-
ment, Training, and Related Services Demonstration Act
of 1992 (25 U.S.C. 3406) is amended—
(1) by striking ‘‘Federal department’’ and in-
serting ‘‘Federal agency’’;
(2) by striking ‘‘Federal departmental’’ and in-
serting ‘‘Federal agency’’;
(3) by striking ‘‘department’’ each place it ap-
pears and inserting ‘‘agency’’; and
(4) in the third sentence, by inserting ‘‘statu-
tory requirement,’’, after ‘‘to waive any’’.
(d) PLAN APPROVAL.—Section 8 of the Indian Em-
ployment, 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 re-
quest 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 re-
considering the disapproval of any waiver requested
by the Indian tribe’’.
(e) JOB CREATION ACTIVITIES AUTHORIZED.—Sec-
tion 9 of the Indian Employment, Training, and Related
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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 deter-
mined under paragraph (2)) for the creation of em-
ployment 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 serv-
ice area of the tribe up to a maximum of 25
percent; or
‘‘(B) 10 percent.
‘‘(c) LIMITATION.—The funds used for an expendi-
ture described in subsection (a) may only include funds
made available to the Indian tribe by a Federal agency
under a statutory or administrative formula.’’.
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SEC. 1104. REPORT ON EXPANDING THE OPPORTUNITIES
FOR PROGRAM INTEGRATION.
Not later than one year after the date of enactment
of this title, the Secretary, the Secretary of Health and
Human Services, the Secretary of Labor, and the tribes
and organizations participating in the integration initia-
tive under this title shall submit a report to the Committee
on Indian Affairs of the Senate and the Committee on Re-
sources of the House of Representatives on the opportuni-
ties for expanding the integration of human resource de-
velopment 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 gen-
eral. 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 inte-
gration.
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’’.
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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 Con-
gress 
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 pro-
mulgate regulations governing tribal leases and to
approve tribal leases for tribes according to regula-
tions promulgated by the Secretary;
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(5) the Secretary has promulgated the regula-
tions 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 deci-
sions over the use of Navajo trust lands.
(b) PURPOSES.—The purposes of this title are as fol-
lows:
(1) To establish a streamlined process for the
Navajo Nation to lease trust lands without having to
obtain the approval of the Secretary of the Interior
of individual leases, except leases for exploration, de-
velopment, or extraction of any mineral resources.
(2) To authorize the Navajo Nation, pursuant
to tribal regulations, which must be approved by the
Secretary, to lease Navajo trust lands without the
approval of the Secretary of the Interior of the indi-
vidual leases, except leases for exploration, develop-
ment, or extraction of any mineral resources.
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(3) To revitalize the distressed Navajo Reserva-
tion by promoting political self-determination, and
encouraging economic self-sufficiency, including eco-
nomic development that increases productivity and
the standard of living for members of the Navajo
Nation.
(4) To maintain, strengthen, and protect the
Navajo Nation’s leasing power over Navajo trust
lands.
(c) DEFINITIONS.—In this section:
(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’
has the meaning given such term in section 4(e) of
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450b(e)).
(2) NAVAJO NATION.—The term ‘‘Navajo Na-
tion’’ means the Navajo Nation government that is
in existence on the date of enactment of this Act.
(3) TRIBAL REGULATIONS.—The term ‘‘tribal
regulations’’ means the Navajo Nation regulations
as enacted by the Navajo Nation Council or its
standing committees and approved by the Secretary.
SEC. 1203. LEASE OF RESTRICTED LANDS FOR THE NAVAJO
NATION.
The first section of the Act of August 9, 1955 (25
U.S.C. 415) is amended—
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(1) in subsection (d)—
(A) in paragraph (1), by striking ‘‘and’’ at
the end;
(B) in paragraph (2), by striking the pe-
riod and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(3) the term ‘individually owned Navajo In-
dian allotted lands’ means Navajo Indian allotted
land that is owned by 1 or more individuals located
within the Navajo Nation;
‘‘(4) the term ‘Navajo Nation’ means the Nav-
ajo Nation government that is in existence on the
date of enactment of this Act;
‘‘(5) the term ‘Secretary’ means the Secretary
of the Interior; and
‘‘(6) the term ‘tribal regulations’ means the
Navajo Nation regulations as enacted by the Navajo
Nation Council or its standing committees and ap-
proved by the Secretary.’’; and
(2) by adding at the end the following:
‘‘(e)(1) Any leases by the Navajo Nation for purposes
authorized under subsection (a), except a lease for the ex-
ploration, development, or extraction of any mineral re-
sources, shall not require the approval of the Secretary
if the term of the lease does not exceed 75 years (including
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options to renew), and the lease is executed under tribal
regulations that are approved by the Secretary under this
subsection.
‘‘(2) Paragraph (1) shall not apply to individually
owned Navajo Indian allotted land located within the Nav-
ajo Nation.
‘‘(3) The Secretary shall have the authority to ap-
prove or disapprove tribal regulations required under
paragraph (1). The Secretary shall not have approval au-
thority over individual leases of Navajo trust lands, except
for the exploration, development, or extraction of any min-
eral resources. The Secretary shall perform the duties of
the Secretary under this subsection in the best interest
of the Navajo Nation.
‘‘(4) If the Navajo Nation has executed a lease pursu-
ant to tribal regulations required under paragraph (1), the
United states shall not be liable for losses sustained by
any party to such lease, including the Navajo Nation, ex-
cept that—
‘‘(A) the Secretary shall continue to have a
trust obligation to ensure that the rights of the Nav-
ajo Nation are protected in the event of a violation
of the terms of any lease by any other party to such
lease, including the right to cancel the lease if re-
quested by the Navajo Nation; and
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‘‘(B) nothing in this subsection shall be con-
strued to absolve the United States from any re-
sponsibility to the Navajo Nation, including respon-
sibilities that derive from the trust relationship and
from any treaties, Executive orders, or agreements
between the United States and the Navajo Nation,
except as otherwise specifically provided in this sub-
section.’’.
TITLE XIII—AMERICAN INDIAN
EDUCATION FOUNDATION
SEC. 1301. SHORT TITLE.
This title may be cited as the ‘‘American Indian Edu-
cation Foundation Act of 2000’’.
SEC. 1302. ESTABLISHMENT OF AMERICAN INDIAN EDU-
CATION FOUNDATION.
The Indian Self-Determination and Education Assist-
ance 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
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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 cor-
poration 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 pri-
vate gifts of real and personal property or any in-
come therefrom or other interest therein for the ben-
efit 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 ac-
tivities 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, en-
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tities, and individuals in undertaking and conducting
activities that will further the educational opportuni-
ties of American Indians attending Bureau funded
schools.
‘‘(f) BOARD OF DIRECTORS.—
‘‘(1) IN
GENERAL.—The Board of Directors
shall be the governing body of the Foundation. The
Board may exercise, or provide for the exercise of,
the powers of the Foundation.
‘‘(2) SELECTION.—The number of members of
the Board, the manner of their selection (including
the filling of vacancies), and their terms of office
shall be as provided in the constitution and bylaws
of the Foundation. However, the Board shall have at
least 11 members, 2 of whom shall be the Secretary
and the Assistant Secretary of the Interior for In-
dian 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 de-
termined by the Secretary).
‘‘(3) QUALIFICATION.—The members of the
Board shall be United States citizens who are knowl-
edgeable or experienced in American Indian edu-
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cation 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 Founda-
tion shall be a secretary, elected from among the
members of the Board, and any other officers pro-
vided for in the constitution and bylaws of the Foun-
dation.
‘‘(2) SECRETARY OF FOUNDATION.—The sec-
retary 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 par-
ticular.
‘‘(3) ELECTION.—The manner of election, term
of office, and duties of the officers shall be as pro-
vided in the constitution and bylaws of the Founda-
tion.
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‘‘(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 limita-
tions 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.
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‘‘(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 ad-
ministrative costs of the Foundation may not exceed
10 percent of the sum of—
‘‘(A) the amounts transferred to the Foun-
dation under subsection (m) during the pre-
ceding fiscal year; and
‘‘(B) donations received from private
sources during the preceding fiscal year.
‘‘(2) APPOINTMENT
AND
HIRING.—The ap-
pointment of officers and employees of the Founda-
tion 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.
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‘‘(m) TRANSFER OF DONATED FUNDS.—The Sec-
retary 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.—Sub-
ject 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).
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‘‘(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 sub-
section (a)(2).
‘‘(c) CONTINUATION OF CERTAIN SERVICES.—Not-
withstanding any other provision of this section, the Sec-
retary 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 Founda-
tion established by the Secretary pursuant to section
501; and
‘‘(3) the term ‘Secretary’ means the Secretary
of the Interior.’’.
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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 Con-
gress, the Advisory Council on California Indian Policy
specifically recommended the immediate legislative res-
toration 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 Cali-
fornia.
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(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 privi-
leges 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 exist-
ence of a reservation, the Tribe and its members
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shall be eligible, on and after the date of the enact-
ment 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 recog-
nized Indian tribes residing on a reservation, mem-
bers 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 para-
graph (1) by a tribe or individual shall not be con-
sidered as income, resources, or otherwise when de-
termining 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 en-
titled 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, trap-
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ping, gathering, or water rights of the Tribe and its mem-
bers.
(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 applica-
tion 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 prop-
erty, 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 dis-
tribution 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
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pursuant to this title shall be part of the Tribe’s reserva-
tion.
(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 Fed-
eral 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 rec-
ognized 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
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Affairs and in the Graton Indian Rancheria distribution
list compiled by the Bureau of Indian Affairs and ap-
proved 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 In-
terim 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 constitu-
tion adopted May 3, 1997.
SEC. 1408. TRIBAL CONSTITUTION.
(a) ELECTION; TIME; PROCEDURE.—After the com-
pilation 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,
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1934 (commonly known as the Indian Reorganization Act;
25 U.S.C. 476(c)(1) and 476(c)(2)(A), respectively). Ab-
sentee voting shall be permitted regardless of voter resi-
dence.
(b) ELECTION
OF
TRIBAL
OFFICIALS; PROCE-
DURES.—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 con-
stitution. Such election shall be conducted consistent with
the procedures specified in subsection (a) except to the
extent that such procedures conflict with the tribal con-
stitution.
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 con-
veyed for the purposes set forth in section 14(h)(1)
of ANCSA.
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(3) Chugach Alaska Corporation, the Alaska
Native Regional Corporation for the Chugach Re-
gion, applied to the Secretary for the conveyance of
cemetery sites and historical places pursuant to sec-
tion 14(h)(1) of ANCSA in accordance with the reg-
ulations promulgated by the Secretary.
(4) Among the applications filed were applica-
tions 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 sub-
stantively 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:
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(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 ‘‘Fed-
eral 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 Sec-
retary shall withdraw from all forms of appropriation all
public lands described in the applications identified in sec-
tion 1501(a)(4) of this title.
SEC. 1503. APPLICATION FOR CONVEYANCE OF WITH-
DRAWN 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 applica-
tions since 1980.
SEC. 1504. AMENDMENTS.
Chugach Alaska Corporation may amend any applica-
tion under section 1503 of this title in accordance with
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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 proce-
dures set forth in the regulations promulgated by the Sec-
retary 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.—Notwith-
standing any other provision of law or of this title, any
conveyance of land to Chugach Alaska Corporation pursu-
ant to this title shall be charged to and deducted from
the entitlement of Chugach Alaska Corporation under sec-
tion 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 Cor-
poration 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 Cor-
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poration’s entitlement to subsurface estate under other-
wise applicable law.
Passed the House of Representatives October 26,
2000.
Attest:
JEFF TRANDAHL,
Clerk.