‘‘SEC. 809. AFFORDABLE HOUSING ACTIVITIES.
‘‘(a) NATIONAL OBJECTIVES AND ELIGIBLE FAMI-
LIES.—
‘‘(1) PRIMARY OBJECTIVE.—The national objec-
tives of this title are—
‘‘(A) to assist and promote affordable
housing activities to develop, maintain, and op-
erate affordable housing in safe and healthy en-
vironments for occupancy by low-income Native
Hawaiian families;
‘‘(B) to ensure better access to private
mortgage markets and to promote self-suffi-
ciency of low-income Native Hawaiian families;
‘‘(C) to coordinate activities to provide
housing for low-income Native Hawaiian fami-
lies with Federal, State and local activities to
further economic and community development;
‘‘(D) to plan for and integrate infrastruc-
ture resources on the Hawaiian Home Lands
with housing development; and
‘‘(E) to—
‘‘(i) promote the development of pri-
vate 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 lim-
ited to low-income Native Hawaiian families.
‘‘(B) EXCEPTION
TO
LOW-INCOME
RE-
QUIREMENT.—
‘‘(i) IN GENERAL.—The Director may
provide assistance for homeownership ac-
tivities under—
‘‘(I) section 810(b);
‘‘(II) model activities under sec-
tion 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 ex-
tent that the Secretary approves the
activities under that section to ad-
dress 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 hous-
ing or housing assistance provided through af-
fordable 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 fam-
ily 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 assist-
ance provided through affordable housing
activities assisted with grant amounts pro-
vided under this title to be provided, to the
extent practicable, to families that are eli-
gible to reside on the Hawaiian Home
Lands.
‘‘(ii) APPLICATION.—In any case in
which a housing plan provides for pref-
erence 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
ORGANIZA-
TIONS.—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 orga-
nizations experienced in the planning and devel-
opment of affordable housing for Native Hawai-
ians 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 af-
fordable 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 sub-
stantial rehabilitation of affordable housing, which
may include—
‘‘(A) real property acquisition;
‘‘(B) site improvement;
‘‘(C) the development of utilities and util-
ity 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 manage-
ment 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 sec-
tion.
‘‘(3) HOUSING MANAGEMENT SERVICES.—The
provision of management services for affordable
housing, including—
‘‘(A) the preparation of work specifica-
tions;
‘‘(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 ACTIVI-
TIES.—The provision of safety, security, and law en-
forcement 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 pay-
ments 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, re-
serve and use for operating under section 810 such
amounts as may be necessary to provide for the con-
tinued maintenance and efficient operation of such
housing.
‘‘(2) DISPOSAL
OF
CERTAIN
HOUSING.—This
subsection may not be construed to prevent the Di-
rector, 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 re-
ceiving 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 pro-
vided 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, ad-
mission, and occupancy of families for housing assisted
with grant amounts provided under this title.
‘‘(e) MANAGEMENT AND MAINTENANCE.—As a con-
dition to receiving grant amounts under this title, the Di-
rector 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 af-
fordable housing activities through the use of—
‘‘(A) equity investments;
‘‘(B) interest-bearing loans or advances;
‘‘(C) noninterest-bearing loans or ad-
vances;
‘‘(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 assist-
ance provided with funds referred to in paragraph
(1).
‘‘(b) INVESTMENTS.—The Director may invest grant
amounts for the purposes of carrying out affordable hous-
ing activities in investment securities and other obliga-
tions, as approved by the Secretary.
‘‘SEC. 813. LOW-INCOME REQUIREMENT AND INCOME TAR-
GETING.
‘‘(a) IN GENERAL.—Housing shall qualify for afford-
able 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 home-
ownership, 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 re-
main affordable, according to binding commitments
satisfactory to the Secretary, for—
‘‘(A) the remaining useful life of the prop-
erty (as determined by the Secretary) without
regard to the term of the mortgage or to trans-
fer of ownership; or
‘‘(B) such other period as the Secretary
determines is the longest feasible period of time
consistent with sound economics and the pur-
poses of this title, except upon a foreclosure by
a lender (or upon other transfer in lieu of fore-
closure) 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-in-
come affordability, in the case of fore-
closure; or
‘‘(II) transfer ownership in lieu
of foreclosure; and
‘‘(ii) is not for the purpose of avoiding
low-income affordability restrictions, as de-
termined by the Secretary.
‘‘(b) EXCEPTION.—Notwithstanding subsection (a),
housing assisted pursuant to section 809(a)(2)(B) shall be
considered affordable housing for purposes of this title.
‘‘SEC. 814. LEASE REQUIREMENTS AND TENANT SELEC-
TION.
‘‘(a) LEASES.—Except to the extent otherwise pro-
vided by or inconsistent with the laws of the State of Ha-
waii, in renting dwelling units in affordable housing as-
sisted 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 op-
portunity, before any hearing or trial, to examine
any relevant documents, record, or regulations di-
rectly related to the eviction or termination;
‘‘(5) require that the Director, owner, or man-
ager may not terminate the tenancy, during the
term of the lease, except for serious or repeated vio-
lation of the terms and conditions of the lease, viola-
tion of applicable Federal, State, or local law, or for
other good cause; and
‘‘(6) provide that the Director, owner, or man-
ager 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-re-
lated 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 home-
buyer selection policies and criteria that—
‘‘(1) are consistent with the purpose of pro-
viding housing for low-income families;
‘‘(2) are reasonably related to program eligi-
bility and the ability of the applicant to perform the
obligations of the lease; and
‘‘(3) provide for—
‘‘(A) the selection of tenants and home-
buyers from a written waiting list in accordance
with the policies and goals set forth in an appli-
cable 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 activi-
ties 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 require-
ments under this title for a grant under this title.
‘‘SEC. 817. ALLOCATION FORMULA.
‘‘(a) ESTABLISHMENT.—The Secretary shall, by reg-
ulation issued not later than the expiration of the 6-month
period beginning on the date of enactment of the Hawai-
ian Homelands Homeownership Act of 2000, in the man-
ner provided under section 807, establish a formula to pro-
vide 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 con-
tract 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 condi-
tions that the Secretary and the Director may speci-
fy.
‘‘(c) OTHER FACTORS FOR CONSIDERATION.—In es-
tablishing the formula under subsection (a), the Secretary
shall consider the relative administrative capacities of the
Department of Hawaiian Home Lands and other chal-
lenges faced by the Department, including—
‘‘(1) geographic distribution within Hawaiian
Home Lands; and
‘‘(2) technical capacity.
‘‘(d) EFFECTIVE DATE.—This section shall take ef-
fect on the date of enactment of the Hawaiian Homelands
Homeownership Act of 2000.
‘‘SEC. 818. REMEDIES FOR NONCOMPLIANCE.
‘‘(a) ACTIONS BY SECRETARY AFFECTING GRANT
AMOUNTS.—
‘‘(1) IN GENERAL.—Except as provided in sub-
section (b), if the Secretary finds after reasonable
notice and opportunity for a hearing that the De-
partment 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 ex-
pended in accordance with this title; or
‘‘(C) limit the availability of payments
under this title to programs, projects, or activi-
ties not affected by such failure to comply.
‘‘(2) ACTIONS.—If the Secretary takes an ac-
tion under subparagraph (A), (B), or (C) of para-
graph (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 Depart-
ment is in compliance with that provision.
‘‘(b) NONCOMPLIANCE BECAUSE OF A TECHNICAL
INCAPACITY.—The Secretary may provide technical assist-
ance 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 pro-
vided 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 De-
partment 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 ca-
pacity 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 sub-
section (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 rec-
ommendation that an appropriate civil action be in-
stituted.
‘‘(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 assist-
ance furnished under this title that was not ex-
pended in accordance with this title; or
‘‘(B) for mandatory or injunctive relief.
‘‘(d) REVIEW.—
‘‘(1) IN GENERAL.—If the Director receives no-
tice under subsection (a) of the termination, reduc-
tion, or limitation of payments under this Act, the
Director—
‘‘(A) may, not later than 60 days after re-
ceiving such notice, file with the United States
Court of Appeals for the Ninth Circuit, or in
the United States Court of Appeals for the Dis-
trict 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 cop-
ies of the petition to the Secretary and the At-
torney 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 pro-
vided 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 sup-
ported 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 Sec-
retary.
‘‘(ii) FINDINGS.—The findings re-
ferred 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 evi-
dence 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 sub-
ject to review by the Supreme Court of the
United States upon writ of certiorari or certifi-
cation, 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 compli-
ance 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 provi-
sions 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 con-
ducted and housing assisted under this title to as-
sess compliance with the requirements of this title.
‘‘(2) REVIEW.—Each review under paragraph
(1) shall include onsite inspection of housing to de-
termine 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 nec-
essary to assess compliance with the requirements of this
title.
‘‘SEC. 820. PERFORMANCE REPORTS.
‘‘(a) REQUIREMENT.—For each fiscal year, the Di-
rector 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 con-
clusions 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 accomplish-
ments of the Department; and
‘‘(4) describe the manner in which the Depart-
ment 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 re-
port under this section;
‘‘(2) review each such report; and
‘‘(3) with respect to each such report, make rec-
ommendations as the Secretary considers appro-
priate to carry out the purposes of this title.
‘‘(d) PUBLIC AVAILABILITY.—
‘‘(1) COMMENTS BY BENEFICIARIES.—In pre-
paring a report under this section, the Director shall
make the report publicly available to the bene-
ficiaries of the Hawaiian Homes Commission Act,
1920 (42 Stat. 108 et seq.) and give a sufficient
amount of time to permit those beneficiaries to com-
ment 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 appro-
priate to determine whether—
‘‘(A) the Director has—
‘‘(i) carried out eligible activities
under this title in a timely manner;
‘‘(ii) carried out and made certifi-
cations in accordance with the require-
ments 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 man-
ner;
‘‘(B) the Director has complied with the
housing plan submitted by the Director under
section 803; and
‘‘(C) the performance reports of the De-
partment under section 821 are accurate.
‘‘(2) ONSITE VISITS.—Each review conducted
under this section shall, to the extent practicable, in-
clude 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 com-
ments 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 com-
ments 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 ac-
cordance with the reviews and audits of the Secretary
under this section, except that grant amounts already ex-
pended on affordable housing activities may not be recap-
tured 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 Comp-
troller General of the United States under such regula-
tions 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 ac-
complishing 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 re-
quire 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 sub-
section (a).
‘‘SEC. 824. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to the De-
partment 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 gov-
ernment of the State of Hawaii that is responsible
for the administration of the Hawaiian Homes Com-
mission Act, 1920 (42 Stat. 108 et seq.).
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means a Native Hawaiian family, the Depart-
ment of Hawaiian Home Lands, the Office of Ha-
waiian Affairs, and private nonprofit or private for-
profit organizations experienced in the planning and
development of affordable housing for Native Hawai-
ians.
‘‘(3) FAMILY.—The term ‘family’ means 1 or
more persons maintaining a household, as the Sec-
retary shall by regulation provide.
‘‘(4) GUARANTEE FUND.—The term ‘Guarantee
Fund’ means the Native Hawaiian Housing Loan
Guarantee Fund established under subsection (i).
‘‘(5) HAWAIIAN HOME LANDS.—The term ‘Ha-
waiian 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 sov-
ereignty 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 resi-
dents); or
‘‘(iii) birth records of the State of Ha-
waii.
‘‘(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 other-
wise 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 require-
ments:
‘‘(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 expe-
rienced in the planning and development of af-
fordable 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 hous-
ing and are located on Hawaiian Home Lands
for which a housing plan described in subpara-
graph (B) applies.
‘‘(B) HOUSING PLAN.—A housing plan de-
scribed 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 guar-
antees under this section to provide afford-
able 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 meet-
ing 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 Gov-
ernment or made by the Department of Hawai-
ian 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 guar-
anteed under section 3702(d) of title 38,
United States Code.
‘‘(iii) Any lender approved by the Sec-
retary 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 super-
vised, 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 guar-
antee 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 deter-
mined 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 Sec-
retary 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 im-
provements to the property made through
the skilled or unskilled labor of the bor-
rower, 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 sec-
tion, the lender shall submit the application for
the loan to the Secretary for examination.
‘‘(B) APPROVAL.—If the Secretary ap-
proves the application submitted under sub-
paragraph (A), the Secretary shall issue a cer-
tificate under this subsection as evidence of the
loan guarantee approved.
‘‘(2) STANDARD
FOR
APPROVAL.—The Sec-
retary 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 rea-
sonable prospect of repayment of the loan.
‘‘(3) EFFECT.—
‘‘(A) IN GENERAL.—A certificate of guar-
antee issued under this subsection by the Sec-
retary shall be conclusive evidence of the eligi-
bility of the loan for guarantee under this sec-
tion 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 estab-
lishing defenses against the original lender
based on fraud or material misrepresentation;
or
‘‘(B) to bar the Secretary from estab-
lishing 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 Na-
tive Hawaiian Housing Loan Guarantee Fund estab-
lished under subsection (j).
‘‘(f) LIABILITY UNDER GUARANTEE.—The liability
under a guarantee provided under this section shall de-
crease or increase on a pro rata basis according to any
decrease or increase in the amount of the unpaid obliga-
tion under the provisions of the loan agreement involved.
‘‘(g) 
TRANSFER
AND
ASSUMPTION.—Notwith-
standing 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 finan-
cial 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 Sec-
retary may take action under subparagraph (B)
if the Secretary determines that any lender or
holder of a guarantee certificate under sub-
section (d)—
‘‘(i) has failed—
‘‘(I) to maintain adequate ac-
counting 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 other-
wise detrimental to the interest of a bor-
rower or the United States.
‘‘(B) ACTIONS.—Upon a determination by
the Secretary that a holder of a guarantee cer-
tificate under subsection (d) has failed to carry
out an activity described in subparagraph (A)(i)
or has engaged in practices described in sub-
paragraph (A)(ii), the Secretary may—
‘‘(i) refuse, either temporarily or per-
manently, 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 hold-
er 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
INTEN-
TIONAL VIOLATIONS.—
‘‘(A) IN
GENERAL.—The Secretary may
impose a civil monetary penalty on a lender or
holder of a guarantee certificate under sub-
section (d) if the Secretary determines that the
holder or lender has intentionally failed—
‘‘(i) to maintain adequate accounting
records;
‘‘(ii) to adequately service loans guar-
anteed under this section; or
‘‘(iii) to exercise proper credit or un-
derwriting judgment.
‘‘(B) PENALTIES.—A civil monetary pen-
alty imposed under this paragraph shall be im-
posed in the manner and be in an amount pro-
vided under section 536 of the National Hous-
ing 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 guar-
antee 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 de-
faults on the loan, the holder of the guar-
antee certificate shall provide written no-
tice of the default to the Secretary.
‘‘(ii) PAYMENT.—Upon providing the
notice required under clause (i), the holder
of the guarantee certificate shall be enti-
tled to payment under the guarantee (sub-
ject to the provisions of this section) and
may proceed to obtain payment in 1 of the
following manners:
‘‘(I) FORECLOSURE.—
‘‘(aa) IN
GENERAL.—The
holder of the certificate may ini-
tiate 
foreclosure 
proceedings
(after providing written notice of
that action to the Secretary).
‘‘(bb) PAYMENT.—Upon a
final order by the court author-
izing 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 guar-
anteed (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.—With-
out seeking foreclosure (or in any
case in which a foreclosure pro-
ceeding 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 pay-
ment 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 as-
signment, the Secretary shall pay
to the holder of the guarantee
the pro rata portion of the
amount guaranteed (as deter-
mined 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 pay-
ment under a guarantee is made under sub-
paragraph (A), the holder of the guarantee
shall exhaust all reasonable possibilities of col-
lection. 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 Sec-
retary 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 in-
volves a security interest in restricted Hawaiian
Home Land property, the mortgagee or the
Secretary shall only pursue liquidation after of-
fering to transfer the account to another eligi-
ble Hawaiian family or the Department of Ha-
waiian Home Lands.
‘‘(B) LIMITATION.—If, after action is
taken under subparagraph (A), the mortgagee
or the Secretary subsequently proceeds to liq-
uidate the account, the mortgagee or the Sec-
retary shall not sell, transfer, or otherwise dis-
pose of or alienate the property described in
subparagraph (A) except to another eligible Ha-
waiian family or to the Department of Hawai-
ian Home Lands.
‘‘(j) NATIVE HAWAIIAN HOUSING LOAN GUARANTEE
FUND.—
‘‘(1) ESTABLISHMENT.—There is established in
the Treasury of the United States the Native Ha-
waiian Housing Loan Guarantee Fund for the pur-
pose of providing loan guarantees under this section.
‘‘(2) CREDITS.—The Guarantee Fund shall be
credited with—
‘‘(A) any amount, claims, notes, mort-
gages, contracts, and property acquired by the
Secretary under this section, and any collections
and proceeds therefrom;
‘‘(B) any amounts appropriated pursuant
to paragraph (7);
‘‘(C) any guarantee fees collected under
subsection (d); and
‘‘(D) any interest or earnings on amounts
invested under paragraph (4).
‘‘(3) USE.—Amounts in the Guarantee Fund
shall be available, to the extent provided in appro-
priations Acts, for—
‘‘(A) fulfilling any obligations of the Sec-
retary with respect to loans guaranteed under
this section, including the costs (as that term is
defined in section 502 of the Federal Credit Re-
form 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 re-
habilitation and repair to properties that the
Secretary holds or owns pursuant to this sec-
tion.
‘‘(4) INVESTMENT.—Any amounts in the Guar-
antee Fund determined by the Secretary to be in ex-
cess of amounts currently required at the time of the
determination to carry out this section may be in-
vested in obligations of the United States.
‘‘(5) LIMITATION ON COMMITMENTS TO GUAR-
ANTEE LOANS AND MORTGAGES.—
‘‘(A) 
REQUIREMENT
OF
APPROPRIA-
TIONS.—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 GUARAN-
TEES.—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 appro-
priations 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 subpara-
graph shall remain available until expended.
‘‘(C) LIMITATION
ON
OUTSTANDING
AG-
GREGATE PRINCIPAL AMOUNT.—Subject to the
limitations in subparagraphs (A) and (B), the
Secretary may enter into commitments to guar-
antee 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 obliga-
tions of the assets credited to the Guarantee Fund
under paragraph (2)(A) shall be liabilities and obli-
gations 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 sys-
tem of piping;
‘‘(II) includes a kitchen sink and
a partitional bathroom with lavatory,
toilet, and bath or shower; and
‘‘(III) uses water supply, plumb-
ing, 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 in-
stalled to safely supply electrical energy for
adequate lighting and for operation of ap-
pliances that conforms to any appropriate
county, State, or national code;
‘‘(v) be not less than the size provided
under the applicable locally adopted stand-
ards for size of dwelling units, except that
the Secretary, upon request of the Depart-
ment of Hawaiian Home Lands may waive
the size requirements under this para-
graph; and
‘‘(vi) conform with the energy per-
formance requirements for new construc-
tion established by the Secretary under
section 526(a) of the National Housing
Act (12 U.S.C.A. 1735f–4), unless the Sec-
retary 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 require-
ments 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 TRANS-
ACTIONS
SEC. 301. APPROVAL NOT REQUIRED TO VALIDATE LAND
TRANSACTIONS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, without further approval, ratification, or au-
thorization 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 in-
vestors 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 eco-
nomic 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 re-
lationships in Indian communities and between In-
dian and non-Indian communities and individuals;
and
(6) the establishment of the National Native
American Mediation Training Center, with the tech-
nical assistance of tribal and Federal agencies, in-
cluding the Community Relations Service of the De-
partment of Justice, would enhance and strengthen
the mediation skills that are useful in reducing ten-
sions 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 Assist-
ance 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 Sec-
retary, shall establish, in accordance with this section, a
reconciliation center, to be known as ‘‘Wakpa Sica Rec-
onciliation Place’’.
(b) LOCATION.—Notwithstanding any other provision
of law, the Secretary shall take into trust for the benefit
of the Sioux Nation the parcel of land in Stanley County,
South Dakota, that is described as the ‘‘Reconciliation
Place Addition’’ that is owned on the date of enactment
of this Act by the Wakpa Sica Historical Society, Inc.,
for the sole purpose of establishing and operating Wakpa
Sica Reconciliation Place as described in subsection (c).
(c) PURPOSES.—The purposes of Wakpa Sica Rec-
onciliation Place shall be as follows:
(1) To enhance the knowledge and under-
standing 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 en-
counters between Lewis and Clark and the Sioux
Nation.
(3) To house the Sioux Nation Tribal Supreme
Court.
(4) To house a Native American economic de-
velopment center.
(5) To house a facility to train tribal personnel
in conflict resolution and alternative dispute resolu-
tion.
(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 re-
ceiving the grant under this subsection, the ap-
propriate official of the Wakpa Sica Historical
Society shall enter into a grant agreement with
the Secretary of Housing and Urban Develop-
ment.
(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 HISTOR-
ICAL
SOCIETY.—The grant agreement under
this paragraph shall specify the duties of the
Wakpa Sica Historical Society under this sec-
tion and arrangements for the maintenance of
Wakpa Sica Reconciliation Place.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the De-
partment 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, di-
minish, or otherwise amend the civil or criminal legal ju-
risdiction 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 develop-
100
ment, 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 cre-
ation, 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 rec-
ommendations required by subsection (a) not later than
1 year after the date of enactment of this Act.
TITLE V—EXPENDITURE OF
FUNDS BY ZUNI INDIAN TRIBE
SEC. 501. EXPENDITURE OF FUNDS BY TRIBE AUTHORIZED.
Section 3 of the Zuni Land Conservation Act of 1990
(Public Law 101–486) is amended—
(1) in subsection (b)(1), by striking ‘‘The Sec-
retary of the Interior’’ and inserting ‘‘The Zuni In-
dian Tribe’’; and
(2) in subsection (c)—
(A) in paragraph (1), by striking ‘‘, subject
to paragraph (2),’’;
(B) by striking paragraph (2);
101
(C) in paragraph (3), by striking ‘‘Sec-
retary of the Interior’’ and inserting ‘‘Zuni In-
dian 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 Res-
ervation was created, reserving a single, 640-acre
section of land in the Coachella Valley, California,
north of the Salton Sink. The Reservation was ex-
panded 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.
102
(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 amend-
ment of the Mission Indian Relief Act. Due to reced-
ing water levels in the Salton Sea through the proc-
ess of evaporation, at the time of the 1909 enlarge-
ment of the reservation, there were some expecta-
tions that the Salton Sea would recede within a pe-
riod 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 run-
off 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 inun-
dated, 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 ac-
tion 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.
103
the Imperial Irrigation District and Coachella Valley
Water District’’, Case No. 82–1790 K (M) (here-
after 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 dis-
tricts 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 Dis-
trict to pay $2,795,694.33 in past and future dam-
ages in lieu of the United States request for a per-
manent 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 dis-
trict 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
104
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 law-
suit, 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 af-
fected 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 facili-
tate 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:
105
(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-Mar-
tinez 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 run-
off, 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 exe-
cuted 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.
106
(6) PERMANENT
FLOWAGE
EASEMENT.—The
term ‘‘permanent flowage easement’’ means the per-
petual right by the water districts to use the de-
scribed 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 over-
flows and floods such lands, originating from lands
within such water districts.
SEC. 604. RATIFICATION OF SETTLEMENT AGREEMENT.
The United States hereby approves, ratifies, and con-
firms 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-Mar-
tinez Allottees Settlement Account I’’, and the
‘‘Torres-Martinez Allottees Settlement Account II’’,
respectively.
107
(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 Ac-
count II shall be available to the Secretary for dis-
tribution to the Tribe and affected allottees in ac-
cordance with subsection (c).
(b) CONTRIBUTIONS TO THE SETTLEMENT TRUST
FUNDS.—
(1) IN GENERAL.—Amounts paid to the Sec-
retary for deposit into the trust fund accounts estab-
lished 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
108
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 condi-
tions of which are deemed to have been met, in-
cluding 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 spe-
cific 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 addi-
tional sum equal to 10 percent interest annually on
the amount outstanding daily, compounded yearly on
109
December 31 of each respective year, until all out-
standing amounts due have been paid in full.
(6) SEVERALLY LIABLE FOR PAYMENTS.—The
Coachella Valley Water District, the Imperial Irriga-
tion District, and the United States shall each be
severally liable, but not jointly liable, for its respec-
tive 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 ac-
quired 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, condi-
tions, criteria, and procedures set forth in the Settle-
ment Agreement and this title. Subject to such
110
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 with-
in 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 re-
ferred to in subparagraph (A) may not be ac-
quired 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
111
objects to the Tribe’s request to convey the sub-
ject 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 ac-
cordance 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 re-
ferred to in subparagraph (A) may not be ac-
quired 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
112
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 Sec-
retary 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 Acqui-
sition Area.
(b) RESTRICTIONS ON GAMING.—The Tribe may con-
duct gaming on only one site within the lands acquired
pursuant to subsection 6(a)(1) as more particularly pro-
vided in the Settlement Agreement.
(c) WATER RIGHTS.—All lands acquired by the Tribe
under subsection (a) shall—
113
(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 appro-
priated;
(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 re-
charged or stored water or to authorize others to re-
capture or recover the recharged or stored water;
and
(3) continue to enjoy all valid water rights ap-
purtenant 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 suc-
cessors 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
114
flowage easement as to all Indian trust lands (ap-
proximately 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 Set-
tlement 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 Dis-
trict 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 IRRI-
GATION 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 suc-
cessors 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 per-
manent flowage easement as to all Indian trust
lands (approximately 11,800 acres) located within
and below the minus 220-foot contour of the Salton
115
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 con-
ditions of the Settlement Agreement.
SEC. 608. SATISFACTION OF CLAIMS, WAIVERS, AND RE-
LEASES.
(a) SATISFACTION OF CLAIMS.—The benefits avail-
able 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.
116
SEC. 609. MISCELLANEOUS PROVISIONS.
(a) ELIGIBILITY FOR BENEFITS.—Nothing in this
title or the Settlement Agreement shall affect the eligi-
bility 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 AF-
FECTED.—No payment pursuant to this title shall result
in the reduction or denial of any Federal services or pro-
grams 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 Agree-
ment, 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 Modi-
fication Four.
117
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 Agree-
ment 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’’.
118
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 pursu-
ant 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 in-
corporation and its merger with the Cherokee Na-
tion has continued to maintain the Shawnee Tribe’s
separate culture, language, religion, and organiza-
tion, and a separate membership roll.
(3) The Shawnee Tribe and the Cherokee Na-
tion 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 jurisdic-
119
tion 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 por-
tion of such jurisdiction.
(4) On August 12, 1996, the Tribal Council of
the Cherokee Nation unanimously adopted Resolu-
tion 96–09 supporting the termination by the Sec-
retary 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 submis-
sion 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 head-
quarters located in Tahlequah, Oklahoma.
120
(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 re-
strictions by the United States against alienation.
SEC. 704. FEDERAL RECOGNITION, TRUST RELATIONSHIP,
AND PROGRAM ELIGIBILITY.
(a) FEDERAL RECOGNITION.—The Federal recogni-
tion 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 appli-
cation to Indians, Indian tribes, or Indian reservations
121
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, sepa-
rate 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 eligi-
ble 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 bene-
fits through the Cherokee Nation.
(3) ADMINISTRATION
BY
TRIBE.—The Tribe
shall be eligible to apply for and administer the spe-
cial 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 Cher-
okee Nation, in accordance with applicable laws and
regulations to the same extent that the Cherokee
122
Nation is eligible to apply for and administer pro-
grams and services, but only—
(A) if the Cherokee Nation consents to the
operation by the Tribe of federally funded pro-
grams 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 Fed-
eral law, the Cherokee Nation is not eligible to
apply for and administer such programs or
services.
(4) DUPLICATION
OF
SERVICES
NOT
AL-
LOWED.—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 re-
ceiving or are eligible to receive the same federally
funded programs or services from the Cherokee Na-
tion.
123
(5) COOPERATIVE
AGREEMENTS.—Nothing in
this section shall restrict the Tribe and the Cherokee
Nation from entering into cooperative agreements to
provide such programs or services and such funding
agreements shall be honored by Federal agencies,
unless otherwise prohibited by law.
SEC. 705. ESTABLISHMENT OF A TRIBAL ROLL.
(a) APPROVAL OF BASE ROLL.—Not later than 180
days after the date of enactment of this Act, the Tribe
shall submit to the Secretary for approval its base mem-
bership 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 eligi-
ble for enrollment on the base membership roll of the
Tribe if that individual—
(1) is on, or eligible to be on, the membership
roll of Cherokee Shawnees maintained by the Tribe
prior to the date of enactment of this Act which is
separate from the membership roll of the Cherokee
Nation; or
(2) is a lineal descendant of any person—
(A) who was issued a restricted fee patent
to land pursuant to Article 2 of the Treaty of
124
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 Cher-
okee 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 re-
quirements set out in subsection (b)(2) or under such fu-
ture membership ordinance as the Tribe may adopt.
SEC. 706. ORGANIZATION OF THE TRIBE; TRIBAL CON-
STITUTION.
(a) EXISTING
CONSTITUTION
AND
GOVERNING
BODY.—The existing constitution and bylaws of the Cher-
okee Shawnee and the officers and members of the Shaw-
nee Tribal Business Committee, as constituted on the date
of enactment of this Act, are hereby recognized respec-
tively 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
125
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.—Notwith-
standing 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 Sec-
retary, the Secretary shall take such land into trust
for the benefit of the Tribe.
(b) RESTRICTION.—No land recognized by the Sec-
retary to be within the Cherokee Nation or any other In-
dian tribe may be taken into trust for the benefit of the
Tribe under this section without the consent of the Cher-
okee 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
127
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
128
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.
129
SEC. 813. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE
LOANS TO THE RED LAKE BAND OF CHIP-
PEWA INDIANS AND THE MINNESOTA CHIP-
PEWA TRIBES.
(a) RED LAKE BAND OF CHIPPEWA INDIANS.—Not-
withstanding 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.—Notwith-
standing 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 doc-
ument such cancellation and to release the Minnesota
Chippewa Tribe from any liability associated with such
loans.
130
SEC. 814. TECHNICAL AMENDMENT TO THE INDIAN CHILD
PROTECTION AND FAMILY VIOLENCE PRO-
TECTION ACT.
Section 408(b) of the Indian Child Protection and
Family Violence Prevention Act (25 U.S.C. 3207(b)) is
amended—
(1) by striking ‘‘any offense’’ and inserting
‘‘any felonious offense, or any of 2 of more mis-
demeanor offenses,’’; and
(2) by striking ‘‘or crimes against persons’’ and
inserting ‘‘crimes against persons; or offenses com-
mitted against children’’.
SEC. 815. TECHNICAL AMENDMENT TO EXTEND THE AU-
THORIZATION PERIOD UNDER THE INDIAN
HEALTH CARE IMPROVEMENT ACT.
The authorization of appropriations for, and the du-
ration 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 AU-
THORIZATION PERIOD UNDER THE INDIAN
ALCOHOL AND SUBSTANCE ABUSE PREVEN-
TION AND TREATMENT ACT OF 1986.
The authorization of appropriations for, and the du-
ration of, each program or activity under the Indian Alco-
hol and Substance Abuse Prevention and Treatment Act
131
of 1986 (25 U.S.C. 2401 et seq.) is extended through fis-
cal year 2001.
SEC. 817. MORRIS K. UDALL SCHOLARSHIP AND EXCEL-
LENCE IN NATIONAL ENVIRONMENTAL POL-
ICY FOUNDATION.
(a) AUTHORITY.—Section 6(7) of the Morris K.
Udall Scholarship and Excellence in National Environ-
mental 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 man-
agement 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 Na-
tional 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 Pol-
icy Act of 1992 (20 U.S.C. 5609) is amended by adding
at the end the following:
132
‘‘(c) TRAINING OF PROFESSIONALS IN HEALTH CARE
AND PUBLIC POLICY.—There is authorized to be appro-
priated 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 PUR-
POSES 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 fol-
lowing:
‘‘(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,’’.
133
SEC. 819. LAND TO BE TAKEN INTO TRUST.
Notwithstanding any other provision of law, the Sec-
retary 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
134
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 cor-
poration 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 Pueb-
los 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 par-
ticularly 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
135
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 de-
scribed 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 Mex-
ico, 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 pur-
suant 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;
136
(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, with-
out cost, additional portions of land transferred pur-
suant 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 oper-
ated by Santa Fe Indian School, Inc. on the date of enact-
ment 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),
137
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’’.
138
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 Gam-
ing 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 ap-
proximately 561.69 acres described as follows:
Mount Diablo Base and Meridian
Township 42 North, Range 13 East
Section 3:
S1⁄2 NW1⁄4, NW1⁄4 NW1⁄4, 120 acres.
Township 43 North, Range 13 East
Section 1:
N1⁄2 NE1⁄4, 80 acres,
139
Section 22:
SE1⁄4 SE1⁄4, 40 acres,
Section 25:
SE1⁄4 NW1⁄4, 40 acres,
Section 26:
SW1⁄4 SE1⁄4, 40 acres,
Section 27:
SE1⁄4 NW1⁄4, 40 acres,
Section 28:
NE1⁄4 SW1⁄4, 40 acres,
Section 32:
SE1⁄4 SE1⁄4, 40 acres,
Section 34:
SE1⁄4 NW1⁄4, 40 acres,
Township 44 North, Range 14 East,
Section 31:
S1⁄2 SW1⁄4, 80 acres.
(2) FORT INDEPENDENCE COMMUNITY OF PAI-
UTE 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:
140
W1⁄2 of Lot 5 in the NE±1⁄4, Lot 3, E1⁄2 of Lot
4, and E1⁄2 of Lot 5 in the NW1⁄4.
(3) BARONA GROUP OF CAPITAN GRANDE BAND
OF MISSION INDIANS.—Lands to be held in trust for
the Barona Group of Capitan Grande Band of Mis-
sion Indians are comprised of approximately 5.03
acres described as follows:
San Bernardino Base and Meridian
Township 14 South, Range 2 East
Section 7, Lot 15.
(4) CUYAPAIPE BAND OF MISSION INDIANS.—
Lands to be held in trust for the Cuyapaipe Band
of Mission Indians are comprised of approximately
1,360 acres described as follows:
San Bernardino Base and Meridian
Township 15 South, Range 6 East
Section 21:
All of this section.
Section 31:
NE1⁄4, N1⁄2SE1⁄4, SE1⁄4SE1⁄4.
Section 32:
W1⁄2SW1⁄4, NE1⁄4SW1⁄4, NW1⁄4SE1⁄4.
Section 33:
SE1⁄4, SW1⁄4SW1⁄4, E1⁄2SW1⁄4.
141
(5) MANZANITA BAND OF MISSION INDIANS.—
Lands to be held in trust for the Manzanita Band
of Mission Indians are comprised of approximately
1,000.78 acres described as follows:
San Bernardino Base and Meridian
Township 16 South, Range 6 East
Section 21:
Lots 1, 2, 3, and 4, S1⁄2.
Section 25:
Lots 2 and 5.
Section 28:
Lots, 1, 2, 3, and 4, N1⁄2SE1⁄4.
(6) MORONGO
BAND
OF
MISSION
INDIANS.—
Lands to be held in trust for the Morongo Band of
Mission Indians are comprised of approximately 40
acres described as follows:
San Bernardino Base and Meridian
Township 3 South, Range 2 East
Section 20:
NW1⁄4 of NE1⁄4.
(7) PALA BAND OF MISSION INDIANS.—Lands
to be held in trust for the Pala Band of Mission In-
dians are comprised of approximately 59.20 acres
described as follows:
San Bernardino Base and Meridian
142
Township 9 South, Range 2 West
Section 13, Lot 1, and Section 14, Lots 1, 2, 3.
(8) FORT BIDWELL COMMUNITY OF PAIUTE IN-
DIANS.—Lands to be held in trust for the Fort
Bidwell Community of Paiute Indians are comprised
of approximately 299.04 acres described as follows:
Mount Diablo Base and Meridian
Township 46 North, Range 16 East
Section 8:
SW1⁄4SW1⁄4.
Section 19:
Lots 5, 6, 7.
S1⁄2NE1⁄4, SE1⁄4NW1⁄4, NE1⁄4SE1⁄4.
Section 20:
Lot 1.
SEC. 903. MISCELLANEOUS PROVISIONS.
(a) PROCEEDS
FROM
RENTS
AND
ROYALTIES
TRANSFERRED TO INDIANS.—Amounts which accrue to
the United States after the date of the enactment of this
Act from sales, bonuses, royalties, and rentals relating to
any land described in section 902 shall be available for
use or obligation, in such manner and for such purposes
as the Secretary may approve, by the tribe, band, or group
of Indians for whose benefit such land is taken into trust.
143
(b) NOTICE OF CANCELLATION OF GRAZING PREF-
ERENCES.—Grazing preferences on lands described in sec-
tion 902 shall terminate 2 years after the date of the en-
actment 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 re-
lating to Indian land in the same manner and to the
same extent as other lands held in trust for such
tribe, band, or group on the day before the date of
enactment of this Act.
TITLE X—NATIVE AMERICAN
HOMEOWNERSHIP
SEC. 1001. LANDS TITLE REPORT COMMISSION.
(a) ESTABLISHMENT.—Subject to sums being pro-
vided in advance in appropriations Acts, there is estab-
lished a Commission to be known as the Lands Title Re-
144
port 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 Com-
mittee 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 Rep-
resentatives.
(C) Four members shall be appointed by
the chairperson of the Committee on Banking,
Housing, and Urban Affairs of the Senate.
(2) QUALIFICATIONS.—
(A) MEMBERS OF TRIBES.—At all times,
not less than 8 of the members of the Commis-
145
sion shall be members of federally recognized
Indian tribes.
(B) EXPERIENCE
IN
LAND
TITLE
MAT-
TERS.—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 Commis-
sion 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 Com-
mission 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 Com-
mission shall call the initial meeting of the Commission.
Such meeting shall be held within 30 days after the Chair-
person of the Commission determines that sums sufficient
for the Commission to carry out its duties under this Act
have been appropriated for such purpose.
146
(d) DUTIES.—The Commission shall analyze the sys-
tem 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 anal-
ysis, 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 sys-
tem 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 re-
quests.
(e) REPORT.—Not later than the date of the termi-
nation of the Commission under subsection (h), the Com-
mission shall submit a report to the Committee on Bank-
ing and Financial Services of the House of Representa-
tives and the Committee on Banking, Housing, and Urban
147
Affairs of the Senate describing the analysis and deter-
minations made pursuant to subsection (d).
(f) POWERS.—
(1) HEARINGS AND SESSIONS.—The Commis-
sion may, for the purpose of carrying out this sec-
tion, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commis-
sion considers appropriate.
(2) STAFF OF FEDERAL AGENCIES.—Upon re-
quest 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 Commis-
sion 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 infor-
mation 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 agen-
cies of the United States.
148
(5) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Commission, the Adminis-
trator of General Services shall provide to the Com-
mission, 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 per-
sonnel 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 ex-
pended.
(h) TERMINATION.—The Commission shall terminate
1 year after the date of the initial meeting of the Commis-
sion.
SEC. 1002. LOAN GUARANTEES.
Section 184(i) of the Housing and Community Devel-
opment Act of 1992 (12 U.S.C. 1715z–13a(i)) is
amended—
149
(1) in paragraph (5), by striking subparagraph
(C) and inserting the following new subparagraph:
‘‘(C) LIMITATION
ON
OUTSTANDING
AG-
GREGATE PRINCIPAL AMOUNT.—Subject to the
limitations in subparagraphs (A) and (B), the
Secretary may enter into commitments to guar-
antee 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 in-
serting ‘‘each fiscal year’’.
SEC. 1003. NATIVE AMERICAN HOUSING ASSISTANCE.
(a) RESTRICTION ON WAIVER AUTHORITY.—
(1) IN GENERAL.—Section 101(b)(2) of the Na-
tive American Housing Assistance and Self-Deter-
mination 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
150
with, those requirements due to exigent cir-
cumstances beyond the control of the Indian tribe.’’.
(2) LOCAL
COOPERATION
AGREEMENT.—Sec-
tion 101(c) of the Native American Housing Assist-
ance and Self-Determination Act of 1996 (25 U.S.C.
4111(c)) is amended by adding at the end the fol-
lowing: ‘‘The Secretary may waive the requirements
of this subsection and subsection (d) if the recipient
has made a good faith effort to fulfill the require-
ments of this subsection and subsection (d) and
agrees to make payments in lieu of taxes to the ap-
propriate 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 as-
sistance provided under section 201(b)(2) by a re-
cipient 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.’’.
151
(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 sub-
section (f).
(d) ENVIRONMENTAL COMPLIANCE.—Section 105 of
the Native American Housing Assistance and Self-Deter-
mination 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 Sec-
retary 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
152
‘‘(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 Na-
tive 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 fol-
lowing new paragraph:
‘‘(4) LAW ENFORCEMENT OFFICERS.—A recipi-
ent may provide housing or housing assistance pro-
vided through affordable housing activities assisted
with grant amounts under this Act for a law en-
forcement 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 gov-
ernment; and
‘‘(ii) in implementing such full-time
employment, is sworn to uphold, and make
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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-Determina-
tion 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 afford-
able 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 Sec-
retary shall take appropriate action under section
401(a).’’.
(2) AUDITS AND REVIEWS.—Section 405 of the
Native American Housing Assistance and Self-De-
termination Act of 1996 (25 U.S.C. 4165) is amend-
ed to read as follows:
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‘‘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 pur-
poses of chapter 75 of title 31, United States Code, as
a non-Federal entity that is subject to the audit require-
ments that apply to non-Federal entities under that chap-
ter.
‘‘(b) ADDITIONAL REVIEWS AND AUDITS.—
‘‘(1) IN GENERAL.—In addition to any audit or
review under subsection (a), to the extent the Sec-
retary determines such action to be appropriate, the
Secretary may conduct an audit or review of a re-
cipient in order to—
‘‘(A) determine whether the recipient—
‘‘(i) has carried out—
‘‘(I) eligible activities in a timely
manner; and
‘‘(II) eligible activities and cer-
tification 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
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‘‘(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 prac-
ticable, the reviews and audits conducted under this
subsection shall include on-site visits by the appro-
priate 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.
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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