157
to or greater than the amount made available
for fiscal year 1996 for assistance for the oper-
ation and modernization of the public housing
referred to in subparagraph (A), then the
amount provided to that Indian tribe as mod-
ernization assistance shall be equal to the aver-
age annual amount of funds provided to the In-
dian tribe (other than funds provided as emer-
gency assistance) under the assistance program
under section 14 of the United States Housing
Act of 1937 (42 U.S.C. 1437l) for the period
beginning with fiscal year 1992 and ending
with fiscal year 1997.’’.
(h) HEARING REQUIREMENT.—Section 401(a) of the
Native American Housing Assistance and Self-Determina-
tion Act of 1996 (25 U.S.C. 4161(a)) is amended—
(1) by redesignating paragraphs (1) through
(4) as subparagraphs (A) through (D), respectively,
and realigning such subparagraphs (as so redesig-
nated) so as to be indented 4 ems from the left mar-
gin;
(2) by striking ‘‘Except as provided’’ and in-
serting the following:
‘‘(1) IN GENERAL.—Except as provided’’;
158
(3) by striking ‘‘If the Secretary takes an ac-
tion under paragraph (1), (2), or (3)’’ and inserting
the following:
‘‘(2) CONTINUANCE OF ACTIONS.—If the Sec-
retary takes an action under subparagraph (A), (B),
or (C) of paragraph (1)’’; and
(4) by adding at the end the following:
‘‘(3) EXCEPTION FOR CERTAIN ACTIONS.—
‘‘(A) IN GENERAL.—Notwithstanding any
other provision of this subsection, if the Sec-
retary makes a determination that the failure of
a recipient of assistance under this Act to com-
ply substantially with any material provision (as
that term is defined by the Secretary) of this
Act is resulting, and would continue to result,
in a continuing expenditure of Federal funds in
a manner that is not authorized by law, the
Secretary may take an action described in para-
graph (1)(C) before conducting a hearing.
‘‘(B) PROCEDURAL REQUIREMENT.—If the
Secretary takes an action described in subpara-
graph (A), the Secretary shall—
‘‘(i) provide notice to the recipient at
the time that the Secretary takes that ac-
tion; and
159
‘‘(ii) conduct a hearing not later than
60 days after the date on which the Sec-
retary provides notice under clause (i).
‘‘(C) DETERMINATION.—Upon completion
of a hearing under this paragraph, the Sec-
retary shall make a determination regarding
whether to continue taking the action that is
the subject of the hearing, or take another ac-
tion under this subsection.’’.
(i) PERFORMANCE AGREEMENT TIME LIMIT.—Sec-
tion 401(b) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4161(b))
is amended—
(1) by striking ‘‘If the Secretary’’ and inserting
the following:
‘‘(1) IN GENERAL.—If the Secretary’’;
(2) by striking ‘‘(1) is not’’ and inserting the
following:
‘‘(A) is not’’;
(3) by striking ‘‘(2) is a result’’ and inserting
the following:
‘‘(B) is a result’’;
(4) in the flush material following paragraph
(1)(B), as redesignated by paragraph (3) of this
subsection—
160
(A) by realigning such material so as to be
indented 2 ems from the left margin; and
(B) by inserting before the period at the
end the following: ‘‘, if the recipient enters into
a performance agreement with the Secretary
that specifies the compliance objectives that the
recipient will be required to achieve by the ter-
mination date of the performance agreement’’;
and
(5) by adding at the end the following:
‘‘(2) PERFORMANCE AGREEMENT.—The period
of a performance agreement described in paragraph
(1) shall be for 1 year.
‘‘(3) REVIEW.—Upon the termination of a per-
formance agreement entered into under paragraph
(1), the Secretary shall review the performance of
the recipient that is a party to the agreement.
‘‘(4) EFFECT OF REVIEW.—If, on the basis of
a review under paragraph (3), the Secretary deter-
mines that the recipient—
‘‘(A) has made a good faith effort to meet
the compliance objectives specified in the agree-
ment, the Secretary may enter into an addi-
tional performance agreement for the period
specified in paragraph (2); and
161
‘‘(B) has failed to make a good faith effort
to meet applicable compliance objectives, the
Secretary shall determine the recipient to have
failed to comply substantially with this Act, and
the recipient shall be subject to an action under
subsection (a).’’.
(j) LABOR STANDARDS.—Section 104(b) of the Na-
tive American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4114(b) is amended—
(1) in paragraph (1), by striking ‘‘Davis-Bacon
Act (40 U.S.C. 276a–276a–5)’’ and inserting ‘‘Act
of March 3, 1931 (commonly known as the Davis-
Bacon Act; chapter 411; 46 Stat. 1494; 40 U.S.C
276a et seq.)’’; and
(2) by adding at the end the following new
paragraph:
‘‘(3) APPLICATION
OF
TRIBAL
LAWS.—Para-
graph (1) shall not apply to any contract or agree-
ment for assistance, sale, or lease pursuant to this
Act, if such contract or agreement is otherwise cov-
ered by one or more laws or regulations adopted by
an Indian tribe that requires the payment of not less
than prevailing wages, as determined by the Indian
tribe.’’.
(k) TECHNICAL AND CONFORMING AMENDMENTS.—
163
TITLE 
XI—INDIAN 
EMPLOY-
MENT, 
TRAINING 
AND 
RE-
LATED SERVICES
SEC. 1101. SHORT TITLE.
This title may be cited as the ‘‘Indian Employment,
Training, and Related Services Demonstration Act
Amendments of 2000’’.
SEC. 1102. FINDINGS, PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) Indian tribes and Alaska Native organiza-
tions that have participated in carrying out pro-
grams under the Indian Employment, Training, and
Related Services Demonstration Act of 1992 (25
U.S.C. 3401 et seq.) have—
(A) improved the effectiveness of employ-
ment-related services provided by those tribes
and organizations to their members;
(B) enabled more Indian and Alaska Na-
tive people to prepare for and secure employ-
ment;
(C) assisted in transitioning tribal mem-
bers from welfare to work; and
(D) otherwise demonstrated the value of
integrating employment, training, education
and related services.
164
(E) the initiatives under the Indian Em-
ployment, Training, and Related Services Dem-
onstration Act of 1992 should be strengthened
by ensuring that all Federal programs that em-
phasize the value of work may be included with-
in a demonstration program of an Indian or
Alaska Native organization; and
(F) the initiatives under the Indian Em-
ployment, Training, and Related Services Dem-
onstration Act of 1992 should have the benefit
of the support and attention of the officials
with policymaking authority of—
(i) the Department of the Interior; or
(ii) other Federal agencies that ad-
minister programs covered by the Indian
Employment, Training, and Related Serv-
ices Demonstration Act of 1992.
(b) PURPOSES.—The purposes of this title are to
demonstrate how Indian tribal governments can integrate
the employment, training, and related services they pro-
vide in order to improve the effectiveness of those services,
reduce joblessness in Indian communities, foster economic
development on Indian lands, and serve tribally-deter-
mined goals consistent with the policies of self-determina-
tion and self-governance.
165
SEC. 1103. AMENDMENTS TO THE INDIAN EMPLOYMENT,
TRAINING AND RELATED SERVICES DEM-
ONSTRATION ACT OF 1992.
(a) DEFINITIONS.—Section 3 of the Indian Employ-
ment, Training, and Related Services Demonstration Act
of 1992 (25 U.S.C. 3402) is amended—
(1) by redesignating paragraphs (1) through
(3) as paragraphs (2) through (4), respectively; and
(2) by inserting before paragraph (2) the fol-
lowing:
‘‘(1) FEDERAL
AGENCY.—The term ‘federal
agency’ has the same meaning given the term ‘agen-
cy’ in section 551(1) of title 5, United States
Code.’’.
(b) PROGRAMS AFFECTED.—Section 5 of the Indian
Employment, Training, and Related Services Demonstra-
tion Act of 1992 (25 U.S.C. 3404) is amended by striking
‘‘job training, tribal work experience, employment oppor-
tunities, or skill development, or any program designed for
the enhancement of job opportunities or employment
training’’ and inserting the following: ‘‘assisting Indian
youth and adults to succeed in the workforce, encouraging
self-sufficiency, familiarizing Indian Youth and adults
with the world of work, facilitating the creation of job op-
portunities and any services related to these activities’’.
166
(c) PLAN REVIEW.—Section 7 of the Indian Employ-
ment, Training, and Related Services Demonstration Act
of 1992 (25 U.S.C. 3406) is amended—
(1) by striking ‘‘Federal department’’ and in-
serting ‘‘Federal agency’’;
(2) by striking ‘‘Federal departmental’’ and in-
serting ‘‘Federal agency’’;
(3) by striking ‘‘department’’ each place it ap-
pears and inserting ‘‘agency’’; and
(4) in the third sentence, by inserting ‘‘statu-
tory requirement,’’, after ‘‘to waive any’’.
(d) PLAN APPROVAL.—Section 8 of the Indian Em-
ployment, Training, and Related Services Demonstration
Act of 1992 (25 U.S.C. 3407) is amended—
(1) in the first sentence, by inserting before the
period at the end the following; ‘‘, including any re-
quest for a waiver that is made as part of the plan
submitted by the tribal government’’; and
(2) in the second sentence, by inserting before
the period at the end the following: ‘‘, including re-
considering the disapproval of any waiver requested
by the Indian tribe’’.
(e) JOB CREATION ACTIVITIES AUTHORIZED.—Sec-
tion 9 of the Indian Employment, Training, and Related
167
Services Demonstration Act of 1992 (25 U.S.C. 3407) is
amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘The plan submitted’’; and
(2) by adding at the end the following:
‘‘(b) JOB CREATION OPPORTUNITIES.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provisions of law, including any requirement of a
program that is integrated under a plan under this
Act, a tribal government may use a percentage of
the funds made available under this Act (as deter-
mined under paragraph (2)) for the creation of em-
ployment opportunities, including providing private
sector training placement under section 10.
‘‘(2) DETERMINATION OF PERCENTAGE.—The
percentage of funds that a tribal government may
use under this subsection is the greater of—
‘‘(A) the rate of unemployment in the serv-
ice area of the tribe up to a maximum of 25
percent; or
‘‘(B) 10 percent.
‘‘(c) LIMITATION.—The funds used for an expendi-
ture described in subsection (a) may only include funds
made available to the Indian tribe by a Federal agency
under a statutory or administrative formula.’’.
168
SEC. 1104. REPORT ON EXPANDING THE OPPORTUNITIES
FOR PROGRAM INTEGRATION.
Not later than one year after the date of enactment
of this title, the Secretary, the Secretary of Health and
Human Services, the Secretary of Labor, and the tribes
and organizations participating in the integration initia-
tive under this title shall submit a report to the Committee
on Indian Affairs of the Senate and the Committee on Re-
sources of the House of Representatives on the opportuni-
ties for expanding the integration of human resource de-
velopment and economic development programs under this
title, and the feasibility of establishing Joint Funding
Agreements to authorize tribes to access and coordinated
funds and resources from various agencies for purposes
of human resources development, physical infrastructure
development, and economic development assistance in gen-
eral. Such report shall identify programs or activities
which might be integrated and make recommendations for
the removal of any statutory or other barriers to such inte-
gration.
TITLE XII—NAVAJO NATION
TRUST LAND LEASING
SEC. 1201. SHORT TITLE.
This title may be cited as the ‘‘Navajo Nation Trust
Land Leasing Act of 2000’’.