H. R. 5528—69
‘‘(ii) provide the Navajo Nation with a written notice of
the alleged violation together with such written determination;
and
‘‘(iii) prior to the exercise of any remedy or the rescission
of the approval of the regulation involved and the reassumption
of the lease approval responsibility, provide the Navajo Nation
with a hearing on the record and a reasonable opportunity
to cure the alleged violation.’’.
TITLE XIII—AMERICAN INDIAN
EDUCATION FOUNDATION
SEC. 1301. SHORT TITLE.
This title may be cited as the ‘‘American Indian Education
Foundation Act of 2000’’.
SEC. 1302. ESTABLISHMENT OF AMERICAN INDIAN EDUCATION
FOUNDATION.
The Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.) is amended by adding at the end the
following:
‘‘TITLE V—AMERICAN INDIAN
EDUCATION FOUNDATION
‘‘SEC. 501. AMERICAN INDIAN EDUCATION FOUNDATION.
‘‘(a) IN GENERAL.—As soon as practicable after the date of
the enactment of this title, the Secretary of the Interior shall
establish, under the laws of the District of Columbia and in accord-
ance 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 individ-
uals in undertaking and conducting activities that will further
the educational opportunities of American Indians attending
Bureau funded schools.
‘‘(f ) BOARD OF DIRECTORS.—
H. R. 5528—70
‘‘(1) IN
GENERAL.—The Board of Directors shall be the
governing body of the Foundation. The Board may exercise,
or provide for the exercise of, the powers of the Foundation.
‘‘(2) SELECTION.—The number of members of the Board,
the manner of their selection (including the filling of vacancies),
and their terms of office shall be as provided in the constitution
and bylaws of the Foundation. However, the Board shall have
at least 11 members, two of whom shall be the Secretary
and the Assistant Secretary of the Interior for Indian Affairs,
who shall serve as ex officio nonvoting members, and the initial
voting members of the Board shall be appointed by the Sec-
retary not later than 6 months after the date that the Founda-
tion is established and shall have staggered terms (as deter-
mined 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 prac-
ticable, represent diverse points of view relating to the edu-
cation 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 manage-
ment of its property and the regulation of its affairs, which
may be amended;
‘‘(2) may adopt and alter a corporate seal;
‘‘(3) may make contracts, subject to the limitations of this
Act;
‘‘(4) may acquire (through a gift or otherwise), own, lease,
encumber, and transfer real or personal property as necessary
or convenient to carry out the purposes of the Foundation;
‘‘(5) may sue and be sued; and
‘‘(6) may perform any other act necessary and proper to
carry out the purposes of the Foundation.
‘‘(i) PRINCIPAL OFFICE.—The principal office of the Foundation
shall be in the District of Columbia. However, the activities of
the Foundation may be conducted, and offices may be maintained,
throughout the United States in accordance with the constitution
and bylaws of the Foundation.
H. R. 5528—71
‘‘( j) SERVICE OF PROCESS.—The Foundation shall comply with
the law on service of process of each State in which it is incorporated
and of each State in which the Foundation carries on activities.
‘‘(k) LIABILITY OF OFFICERS AND AGENTS.—The Foundation shall
be liable for the acts of its officers and agents acting within the
scope of their authority. Members of the Board are personally
liable only for gross negligence in the performance of their duties.
‘‘(l) RESTRICTIONS.—
‘‘(1) LIMITATION ON SPENDING.—Beginning with the fiscal
year following the first full fiscal year during which the Founda-
tion 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 offi-
cers 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 sub-
section (b), during the 5-year period beginning on the date that
the Foundation is established, the Secretary—
‘‘(1) may provide personnel, facilities, and other administra-
tive 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 sub-
section (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 Founda-
tion after the termination of the 5-year period specified in subsection
(a), on a space available, reimbursable cost basis.
‘‘SEC. 503. DEFINITIONS.
‘‘For the purposes of this title—
H. R. 5528—72
‘‘(1) the term ‘Bureau funded school’ has the meaning given
that term in title XI of the Education Amendments of 1978;
‘‘(2) the term ‘Foundation’ means the Foundation estab-
lished 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 rec-
ommended 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 pro-
vided 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