H. R. 5528—31
‘‘(A) IN GENERAL.—Before the Secretary approves any
loan for guarantee under this section, the lender shall
submit the application for the loan to the Secretary for
examination.
‘‘(B) APPROVAL.—If the Secretary approves the applica-
tion submitted under subparagraph (A), the Secretary shall
issue a certificate under this subsection as evidence of
the loan guarantee approved.
‘‘(2) STANDARD FOR APPROVAL.—The Secretary may approve
a loan for guarantee under this section and issue a certificate
under this subsection only if the Secretary determines that
there is a reasonable prospect of repayment of the loan.
‘‘(3) EFFECT.—
‘‘(A) IN GENERAL.—A certificate of guarantee issued
under this subsection by the Secretary shall be conclusive
evidence of the eligibility of the loan for guarantee under
this section and the amount of that guarantee.
‘‘(B) EVIDENCE.—The evidence referred to in subpara-
graph (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 sec-
tion.
‘‘(4) FRAUD AND MISREPRESENTATION.—This subsection may
not be construed—
‘‘(A) to preclude the Secretary from establishing
defenses against the original lender based on fraud or
material misrepresentation; or
‘‘(B) to bar the Secretary from establishing by regula-
tions 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 col-
lected under this subsection in the Native Hawaiian Housing
Loan Guarantee Fund established under subsection ( j).
‘‘(f ) LIABILITY UNDER GUARANTEE.—The liability under a guar-
antee provided under this section shall decrease or increase on
a pro rata basis according to any decrease or increase in the
amount of the unpaid obligation under the provisions of the loan
agreement involved.
‘‘(g) TRANSFER AND ASSUMPTION.—Notwithstanding any other
provision of law, any loan guaranteed under this section, including
the security given for the loan, may be sold or assigned by the
lender to any financial institution subject to examination and super-
vision by an agency of the Federal Government or of any State
or the District of Columbia.
H. R. 5528—32
‘‘(h) DISQUALIFICATION
OF LENDERS
AND CIVIL MONEY PEN-
ALTIES.—
‘‘(1) IN GENERAL.—
‘‘(A) GROUNDS FOR ACTION.—The Secretary may take
action under subparagraph (B) if the Secretary determines
that any lender or holder of a guarantee certificate under
subsection (d)—
‘‘(i) has failed—
‘‘(I) to maintain adequate accounting records;
‘‘(II) to service adequately loans guaranteed
under this section; or
‘‘(III) to exercise proper credit or underwriting
judgment; or
‘‘(ii) has engaged in practices otherwise detri-
mental to the interest of a borrower or the United
States.
‘‘(B) ACTIONS.—Upon a determination by the Secretary
that a holder of a guarantee certificate under subsection
(d) has failed to carry out an activity described in subpara-
graph (A)(i) or has engaged in practices described in
subparagraph (A)(ii), the Secretary may—
‘‘(i) refuse, either temporarily or permanently, to
guarantee any further loans made by such lender or
holder;
‘‘(ii) bar such lender or holder from acquiring addi-
tional loans guaranteed under this section; and
‘‘(iii) require that such lender or holder assume
not less than 10 percent of any loss on further loans
made or held by the lender or holder that are guaran-
teed under this section.
‘‘(2) CIVIL
MONEY
PENALTIES
FOR
INTENTIONAL
VIOLA-
TIONS.—
‘‘(A) IN GENERAL.—The Secretary may impose a civil
monetary penalty on a lender or holder of a guarantee
certificate under subsection (d) if the Secretary determines
that the holder or lender has intentionally failed—
‘‘(i) to maintain adequate accounting records;
‘‘(ii) to adequately service loans guaranteed under
this section; or
‘‘(iii) to exercise proper credit or underwriting judg-
ment.
‘‘(B) PENALTIES.—A civil monetary penalty imposed
under this paragraph shall be imposed in the manner
and be in an amount provided under section 536 of the
National Housing Act (12 U.S.C.A. 1735f–1) with respect
to mortgagees and lenders under that Act.
‘‘(3) PAYMENT ON LOANS MADE IN GOOD FAITH.—Notwith-
standing paragraphs (1) and (2), if a loan was made in good
faith, the Secretary may not refuse to pay a lender or holder
of a valid guarantee on that loan, without regard to whether
the lender or holder is barred under this subsection.
‘‘(i) PAYMENT UNDER GUARANTEE.—
‘‘(1) LENDER OPTIONS.—
‘‘(A) IN GENERAL.—
‘‘(i) NOTIFICATION.—If a borrower on a loan guaran-
teed under this section defaults on the loan, the holder
H. R. 5528—33
of the guarantee certificate shall provide written notice
of the default to the Secretary.
‘‘(ii) PAYMENT.—Upon providing the notice required
under clause (i), the holder of the guarantee certificate
shall be entitled to payment under the guarantee (sub-
ject to the provisions of this section) and may proceed
to obtain payment in one of the following manners:
‘‘(I) FORECLOSURE.—
‘‘(aa) IN GENERAL.—The holder of the cer-
tificate may initiate foreclosure proceedings
(after providing written notice of that action
to the Secretary).
‘‘(bb) PAYMENT.—Upon a final order by
the court authorizing foreclosure and submis-
sion to the Secretary of a claim for payment
under the guarantee, the Secretary shall pay
to the holder of the certificate the pro rata
portion of the amount guaranteed (as deter-
mined pursuant to subsection (f )) plus reason-
able fees and expenses as approved by the
Secretary.
‘‘(cc) SUBROGATION.—The rights of the Sec-
retary shall be subrogated to the rights of
the holder of the guarantee. The holder shall
assign the obligation and security to the Sec-
retary.
‘‘(II) NO FORECLOSURE.—
‘‘(aa) IN GENERAL.—Without seeking fore-
closure (or in any case in which a foreclosure
proceeding initiated under clause (i) continues
for a period in excess of 1 year), the holder
of the guarantee may submit to the Secretary
a request to assign the obligation and security
interest to the Secretary in return for payment
of the claim under the guarantee. The Sec-
retary may accept assignment of the loan if
the Secretary determines that the assignment
is in the best interest of the United States.
‘‘(bb) PAYMENT.—Upon assignment, the
Secretary shall pay to the holder of the guar-
antee the pro rata portion of the amount
guaranteed (as determined under subsection
(f )).
‘‘(cc) SUBROGATION.—The rights of the Sec-
retary shall be subrogated to the rights of
the holder of the guarantee. The holder shall
assign the obligation and security to the Sec-
retary.
‘‘(B) REQUIREMENTS.—Before any payment under a
guarantee is made under subparagraph (A), the holder
of the guarantee shall exhaust all reasonable possibilities
of collection. Upon payment, in whole or in part, to the
holder, the note or judgment evidencing the debt shall
be assigned to the United States and the holder shall
have no further claim against the borrower or the United
States. The Secretary shall then take such action to collect
as the Secretary determines to be appropriate.
H. R. 5528—34
‘‘(2) LIMITATIONS ON LIQUIDATION.—
‘‘(A) IN GENERAL.—If a borrower defaults on a loan
guaranteed under this section that involves a security
interest in restricted Hawaiian Home Land property, the
mortgagee or the Secretary shall only pursue liquidation
after offering to transfer the account to another eligible
Hawaiian family or the Department of Hawaiian Home
Lands.
‘‘(B) LIMITATION.—If, after action is taken under
subparagraph (A), the mortgagee or the Secretary subse-
quently proceeds to liquidate the account, the mortgagee
or the Secretary shall not sell, transfer, or otherwise dis-
pose of or alienate the property described in subparagraph
(A) except to another eligible Hawaiian family or to the
Department of Hawaiian Home Lands.
‘‘( j) NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND.—
‘‘(1) ESTABLISHMENT.—There is established in the Treasury
of the United States the Native Hawaiian Housing Loan Guar-
antee Fund for the purpose of providing loan guarantees under
this section.
‘‘(2) CREDITS.—The Guarantee Fund shall be credited
with—
‘‘(A) any amount, claims, notes, mortgages, contracts,
and property acquired by the Secretary under this section,
and any collections and proceeds therefrom;
‘‘(B) any amounts appropriated pursuant to paragraph
(7);
‘‘(C) any guarantee fees collected under subsection (e);
and
‘‘(D) any interest or earnings on amounts invested
under paragraph (4).
‘‘(3) USE.—Amounts in the Guarantee Fund shall be avail-
able, to the extent provided in appropriations Acts, for—
‘‘(A) fulfilling any obligations of the Secretary with
respect to loans guaranteed under this section, including
the costs (as that term is defined in section 502 of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) of
such loans;
‘‘(B) paying taxes, insurance, prior liens, expenses nec-
essary to make fiscal adjustment in connection with the
application and transmittal of collections, and other
expenses and advances to protect the Secretary for loans
which are guaranteed under this section or held by the
Secretary;
‘‘(C) acquiring such security property at foreclosure
sales or otherwise;
‘‘(D) paying administrative expenses in connection with
this section; and
‘‘(E) reasonable and necessary costs of rehabilitation
and repair to properties that the Secretary holds or owns
pursuant to this section.
‘‘(4) INVESTMENT.—Any amounts in the Guarantee Fund
determined by the Secretary to be in excess of amounts cur-
rently required at the time of the determination to carry out
this section may be invested in obligations of the United States.
‘‘(5) LIMITATION ON COMMITMENTS TO GUARANTEE LOANS
AND MORTGAGES.—
H. R. 5528—35
‘‘(A) REQUIREMENT OF APPROPRIATIONS.—The authority
of the Secretary to enter into commitments to guarantee
loans under this section shall be effective for any fiscal
year to the extent, or in such amounts as are, or have
been, provided in appropriations Acts, without regard to
the fiscal year for which such amounts were appropriated.
‘‘(B) LIMITATIONS
ON
COSTS
OF
GUARANTEES.—The
authority of the Secretary to enter into commitments to
guarantee loans under this section shall be effective for
any fiscal year only to the extent that amounts in the
Guarantee Fund are or have been made available in 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
AGGREGATE
PRIN-
CIPAL
AMOUNT.—Subject to the limitations in subpara-
graphs (A) and (B), the Secretary may enter into commit-
ments to guarantee loans under this section for each of
fiscal years 2000, 2001, 2002, 2003, and 2004 with an
aggregate outstanding principal amount not exceeding
$100,000,000 for each such fiscal year.
‘‘(6) LIABILITIES.—All liabilities and obligations of the assets
credited to the Guarantee Fund under paragraph (2)(A) shall
be liabilities and obligations of the Guarantee Fund.
‘‘(7) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are
authorized to be appropriated to the Guarantee Fund to carry
out this section such sums as may be necessary for each of
fiscal years 2000, 2001, 2002, 2003, and 2004.
‘‘(k) REQUIREMENTS FOR STANDARD HOUSING.—
‘‘(1) IN GENERAL.—The Secretary shall, by regulation, estab-
lish housing safety and quality standards to be applied for
use under this section.
‘‘(2) STANDARDS.—The standards referred to in paragraph
(1) shall—
‘‘(A) provide sufficient flexibility to permit the use of
various designs and materials in housing acquired with
loans guaranteed under this section; and
‘‘(B) require each dwelling unit in any housing acquired
in the manner described in subparagraph (A) to—
‘‘(i) be decent, safe, sanitary, and modest in size
and design;
‘‘(ii) conform with applicable general construction
standards for the region in which the housing is
located;
‘‘(iii) contain a plumbing system that—
‘‘(I) uses a properly installed system of piping;
‘‘(II) includes a kitchen sink and a partitional
bathroom with lavatory, toilet, and bath or shower;
and
‘‘(III) uses water supply, plumbing, and sewage
disposal systems that conform to any minimum
standards established by the applicable county or
State;
‘‘(iv) contain an electrical system using wiring and
equipment properly installed to safely supply electrical
H. R. 5528—36
energy for adequate lighting and for operation of appli-
ances that conforms to any appropriate county, State,
or national code;
‘‘(v) be not less than the size provided under the
applicable locally adopted standards for size of dwelling
units, except that the Secretary, upon request of the
Department of Hawaiian Home Lands may waive the
size requirements under this paragraph; and
‘‘(vi) conform with the energy performance require-
ments for new construction established by the Sec-
retary under section 526(a) of the National Housing
Act (12 U.S.C.A. 1735f–4), unless the Secretary deter-
mines that the requirements are not applicable.
‘‘(l) APPLICABILITY OF CIVIL RIGHTS STATUTES.—To the extent
that the requirements of title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.) or of title VIII of the Act popularly
known as the ‘Civil Rights Act of 1968’ (42 U.S.C.A. 3601 et seq.)
apply to a guarantee provided under this subsection, nothing in
the requirements concerning discrimination on the basis of race
shall be construed to prevent the provision of the guarantee to
an eligible entity on the basis that the entity serves Native
Hawaiian families or is a Native Hawaiian family.’’.
TITLE III—COUSHATTA TRIBE OF
LOUISIANA LAND TRANSACTIONS
SEC. 301. APPROVAL NOT REQUIRED TO VALIDATE LAND TRANS-
ACTIONS.
(a) IN GENERAL.—Notwithstanding any other provision of law,
without further approval, ratification, or authorization by the
United States, the Coushatta Tribe of Louisiana, may lease, sell,
convey, warrant, or otherwise transfer all or any part of the Tribe’s
interest in any real property that is not held in trust by the
United States for the benefit of the Tribe.
(b) TRUST LAND NOT AFFECTED.—Nothing in this section is
intended or shall be construed to—
(1) authorize the Coushatta Tribe of Louisiana to lease,
sell, convey, warrant, or otherwise transfer all or any part
of an interest in any real property that is held in trust by
the United States for the benefit of the Tribe; or
(2) affect the operation of any law governing leasing,
selling, conveying, warranting, or otherwise transferring any
interest in such trust land.
TITLE IV—WAKPA SICA
RECONCILIATION PLACE
SEC. 401. FINDINGS.
Congress finds that—
(1) there is a continuing need for reconciliation between
Indians and non-Indians;
(2) the need may be met partially through the promotion
of the understanding of the history and culture of Sioux Indian
tribes;
H. R. 5528—37
(3) the establishment of a Sioux Nation Tribal Supreme
Court will promote economic development on reservations of
the Sioux Nation and provide investors that contribute to that
development a greater degree of certainty and confidence by—
(A) reconciling conflicting tribal laws; and
(B) strengthening tribal court systems;
(4) the reservations of the Sioux Nation—
(A) contain the poorest counties in the United States;
and
(B) lack adequate tools to promote economic develop-
ment and the creation of jobs;
(5) there is a need to enhance and strengthen the capacity
of Indian tribal governments and tribal justice systems to
address conflicts which impair relationships in Indian commu-
nities and between Indian and non-Indian communities and
individuals; and
(6) the establishment of the National Native American
Mediation Training Center, with the technical assistance of
tribal and Federal agencies, including the Community Relations
Service of the Department of Justice, would enhance and
strengthen the mediation skills that are useful in reducing
tensions and resolving conflicts in Indian communities and
between Indian and non-Indian communities and individuals.
SEC. 402. DEFINITIONS.
In this title:
(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
given that term in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e)).
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) SIOUX NATION.—The term ‘‘Sioux Nation’’ means the
Cheyenne River Sioux Tribe, the Crow Creek Sioux Tribe, the
Flandreau Santee Sioux Tribe, the Lower Brule Sioux Tribe,
the Oglala Sioux Tribe, the Rosebud Sioux Tribe, the Santee
Sioux Tribe, the Sisseton-Wahpeton Sioux Tribe, the Spirit
Lake Sioux Tribe, the Standing Rock Sioux Tribe, and the
Yankton Sioux Tribe.
Subtitle A—Reconciliation Center
SEC. 411. RECONCILIATION CENTER.
(a) ESTABLISHMENT.—The Secretary of Housing and Urban
Development, in cooperation with the Secretary, shall establish,
in accordance with this section, a reconciliation center, to be known
as ‘‘Wakpa Sica Reconciliation Place’’.
(b) LOCATION.—Notwithstanding any other provision of law,
the Secretary shall take into trust for the benefit of the Sioux
Nation the parcel of land in Stanley County, South Dakota, that
is described as the ‘‘Reconciliation Place Addition’’ that is owned
on the date of the enactment of this Act by the Wakpa Sica Histor-
ical Society, Inc., for the sole purpose of establishing and operating
Wakpa Sica Reconciliation Place as described in subsection (c).
(c) PURPOSES.—The purposes of Wakpa Sica Reconciliation
Place shall be as follows:
H. R. 5528—38
(1) To enhance the knowledge and understanding of the
history of Native Americans by—
(A) displaying and interpreting the history, art, and
culture of Indian tribes for Indians and non-Indians; and
(B) providing an accessible repository for—
(i) the history of Indian tribes; and
(ii) the family history of members of Indian tribes.
(2) To provide for the interpretation of the encounters
between Lewis and Clark and the Sioux Nation.
(3) To house the Sioux Nation Tribal Supreme Court.
(4) To house a Native American economic development
center.
(5) To house a facility to train tribal personnel in conflict
resolution and alternative dispute resolution.
(d) GRANT.—
(1) IN
GENERAL.—The Secretary of Housing and Urban
Development shall offer to award a grant to the Wakpa Sica
Historical Society of Fort Pierre, South Dakota, for the construc-
tion of Wakpa Sica Reconciliation Place.
(2) GRANT AGREEMENT.—
(A) IN GENERAL.—As a condition to receiving the grant
under this subsection, the appropriate official of the Wakpa
Sica Historical Society shall enter into a grant agreement
with the Secretary of Housing and Urban Development.
(B) CONSULTATION.—Before entering into a grant
agreement under this paragraph, the Secretary of Housing
and Urban Development shall consult with the Secretary
concerning the contents of the agreement.
(C) DUTIES OF THE WAKPA SICA HISTORICAL SOCIETY.—
The grant agreement under this paragraph shall specify
the duties of the Wakpa Sica Historical Society under this
section and arrangements for the maintenance of Wakpa
Sica Reconciliation Place.
(3) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to the Department of Housing and
Urban Development $18,258,441, to be used for the grant under
this section.
SEC. 412. SIOUX NATION TRIBAL SUPREME COURT.
(a) IN GENERAL.—To ensure the development and operation
of the Sioux Nation Tribal Supreme Court and for mediation
training, the Attorney General of the United States shall use avail-
able funds to provide technical and financial assistance to the
Sioux Nation.
(b) AUTHORIZATION OF APPROPRIATIONS.—To carry out this sec-
tion, there are authorized to be appropriated to the Department
of Justice such sums as are necessary.
SEC. 413. LEGAL JURISDICTION NOT AFFECTED.
Nothing in this title shall be construed to expand, diminish,
or otherwise amend the civil or criminal legal jurisdiction of the
Federal Government or any tribal or State government.
H. R. 5528—39
Subtitle B—GAO Study
SEC. 421. GAO STUDY.
(a) IN GENERAL.—The Comptroller General shall conduct a
study and make findings and recommendations with respect to—
(1) Federal programs designed to assist Indian tribes and
tribal members with economic development, job creation,
entrepreneurship, and business development;
(2) the extent of use of the programs;
(3) how effectively such programs accomplish their mission;
and
(4) ways in which the Federal Government could best pro-
vide economic development, job creation, entrepreneurship, and
business development for Indian tribes and tribal members.
(b) REPORT.—The Comptroller General shall submit a report
to Congress on the study, findings, and recommendations required
by subsection (a) not later than 1 year after the date of the enact-
ment of this Act.
TITLE V—EXPENDITURE OF FUNDS BY
ZUNI INDIAN TRIBE
SEC. 501. EXPENDITURE OF FUNDS BY TRIBE AUTHORIZED.
Section 3 of the Zuni Land Conservation Act of 1990 (Public
Law 101–486) is amended—
(1) in subsection (b)(1), by striking ‘‘The Secretary of the
Interior’’ and inserting ‘‘The Zuni Indian Tribe’’; and
(2) in subsection (c)—
(A) in paragraph (1), by striking ‘‘, subject to paragraph
(2),’’;
(B) by striking paragraph (2);
(C) in paragraph (3), by striking ‘‘Secretary of the
Interior’’ and inserting ‘‘Zuni Indian Tribe’’; and
(D) by redesignating paragraphs (3), (4), (5), and (6)
as paragraphs (2), (3), (4), and (5), respectively.
TITLE VI—TORRES-MARTINEZ DESERT
CAHUILLA INDIANS CLAIMS SETTLE-
MENT
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Torres-Martinez Desert Cahuilla
Indians Claims Settlement Act’’.
SEC. 602. CONGRESSIONAL FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) In 1876, the Torres-Martinez Indian Reservation was
created, reserving a single, 640-acre section of land in the
Coachella Valley, California, north of the Salton Sink. The
Reservation was expanded in 1891 by Executive order, pursuant
to the Mission Indian Relief Act of 1891, adding about 12,000
acres to the original 640-acre reservation.
H. R. 5528—40
(2) Between 1905 and 1907, flood waters of the Colorado
River filled the Salton Sink, creating the Salton Sea, inundating
approximately 2,000 acres of the 1891 reservation lands.
(3) In 1909, an additional 12,000 acres of land, 9,000 of
which were then submerged under the Salton Sea, were added
to the reservation under a Secretarial Order issued pursuant
to a 1907 amendment of the Mission Indian Relief Act. Due
to receding water levels in the Salton Sea through the process
of evaporation, at the time of the 1909 enlargement of the
reservation, there were some expectations that the Salton Sea
would recede within a period of 25 years.
(4) Through the present day, the majority of the lands
added to the reservation in 1909 remain inundated due in
part to the flowage of natural runoff and drainage water from
the irrigation systems of the Imperial, Coachella, and Mexicali
Valleys into the Salton Sea.
(5) In addition to those lands that are inundated, there
are also tribal and individual Indian lands located on the perim-
eter of the Salton Sea that are not currently irrigable due
to lack of proper drainage.
(6) In 1982, the United States brought an action in trespass
entitled ‘‘United States of America, in its own right and on
behalf of Torres-Martinez Band of Mission Indians and the
Allottees therein v. the Imperial Irrigation District and
Coachella Valley Water District’’, Case No. 82–1790 K (M)
(hereafter in this section referred to as the ‘‘U.S. Suit’’) on
behalf of the Torres-Martinez Indian Tribe and affected Indian
allottees against the two water districts seeking damages
related to the inundation of tribal- and allottee-owned lands
and injunctive relief to prevent future discharge of water on
such lands.
(7) On August 20, 1992, the Federal District Court for
the Southern District of California entered a judgment in the
U.S. Suit requiring the Coachella Valley Water District to
pay $212,908.41 in past and future damages and the Imperial
Irrigation District to pay $2,795,694.33 in past and future
damages in lieu of the United States request for a permanent
injunction against continued flooding of the submerged lands.
(8) The United States, the Coachella Valley Water District,
and the Imperial Irrigation District have filed notices of appeal
with the United States Court of Appeals for the Ninth Circuit
from the district court’s judgment in the U.S. Suit (Nos. 93–
55389, 93–55398, and 93–55402), and the Tribe has filed a
notice of appeal from the district court’s denial of its motion
to intervene as a matter of right (No. 92–55129).
(9) The Court of Appeals for the Ninth Circuit has stayed
further action on the appeals pending the outcome of settlement
negotiations.
(10) In 1991, the Tribe brought its own lawsuit, Torres-
Martinez Desert Cahuilla Indians, et al., v. Imperial Irrigation
District, et al., Case No. 91–1670 J (LSP) (hereafter in this
section referred to as the ‘‘Indian Suit’’) in the United States
District Court, Southern District of California, against the two
water districts, and amended the complaint to include as a
plaintiff, Mary Resvaloso, in her own right, and as class rep-
resentative of all other affected Indian allotment owners.
H. R. 5528—41
(11) The Indian Suit has been stayed by the district court
to facilitate settlement negotiations.
(b) PURPOSE.—The purpose of this title is to facilitate and
implement the settlement agreement negotiated and executed by
the parties to the U.S. Suit and Indian Suit for the purpose of
resolving their conflicting claims to their mutual satisfaction and
in the public interest.
SEC. 603. DEFINITIONS.
For the purposes of this title:
(1) TRIBE.—The term ‘‘Tribe’’ means the Torres-Martinez
Desert Cahuilla Indians, a federally recognized Indian tribe
with a reservation located in Riverside and Imperial Counties,
California.
(2) ALLOTTEES.—The term ‘‘allottees’’ means those indi-
vidual Tribe members, their successors, heirs, and assigns,
who have individual ownership of allotted Indian trust lands
within the Torres-Martinez Indian Reservation.
(3) SALTON SEA.—The term ‘‘Salton Sea’’ means the inland
body of water located in Riverside and Imperial Counties which
serves as a drainage reservoir for water from precipitation,
natural runoff, irrigation return flows, wastewater, floods, and
other inflow from within its watershed area.
(4) SETTLEMENT AGREEMENT.—The term ‘‘Settlement Agree-
ment’’ means the Agreement of Compromise and Settlement
Concerning Claims to the Lands of the United States Within
and on the Perimeter of the Salton Sea Drainage Reservoir
Held in Trust for the Torres-Martinez Indians executed on
June 18, 1996, as modified by the first, second, third, and
fourth modifications thereto.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(6) PERMANENT FLOWAGE EASEMENT.—The term ‘‘perma-
nent flowage easement’’ means the perpetual right by the water
districts to use the described lands in the Salton Sink within
and below the minus 220-foot contour as a drainage reservoir
to receive and store water from their respective water and
drainage systems, including flood water, return flows from
irrigation, tail water, leach water, operational spills, and any
other water which overflows and floods such lands, originating
from lands within such water districts.
SEC. 604. RATIFICATION OF SETTLEMENT AGREEMENT.
The United States hereby approves, ratifies, and confirms the
Settlement Agreement.
SEC. 605. SETTLEMENT FUNDS.
(a) ESTABLISHMENT
OF TRIBAL
AND ALLOTTEES SETTLEMENT
TRUST FUNDS ACCOUNTS.—
(1) IN GENERAL.—There are established in the Treasury
of the United States three settlement trust fund accounts to
be known as the ‘‘Torres-Martinez Settlement Trust Funds
Account’’, the ‘‘Torres-Martinez Allottees Settlement Account
I’’, and the ‘‘Torres-Martinez Allottees Settlement Account II’’,
respectively.
(2) AVAILABILITY.—Amounts held in the Torres-Martinez
Settlement Trust Funds Account, the Torres-Martinez Allottees
H. R. 5528—42
Settlement Account I, and the Torres-Martinez Allottees Settle-
ment Account II shall be available to the Secretary for distribu-
tion to the Tribe and affected allottees in accordance with
subsection (c).
(b) CONTRIBUTIONS TO THE SETTLEMENT TRUST FUNDS.—
(1) IN GENERAL.—Amounts paid to the Secretary for deposit
into the trust fund accounts established by subsection (a) shall
be allocated among and deposited in the trust accounts in
the amounts determined by the tribal-allottee allocation provi-
sions of the Settlement Agreement.
(2) CASH
PAYMENTS
BY
COACHELLA
VALLEY
WATER
DIS-
TRICT.—Within the time, in the manner, and upon the condi-
tions 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 speci-
fied in the Settlement Agreement, the Imperial Irrigation Dis-
trict shall pay the sum of $3,670,694.33 to the United States
for the benefit of the Tribe and any affected allottees.
(4) CASH PAYMENTS BY THE UNITED STATES.—Within the
time and upon the conditions specified in the Settlement Agree-
ment, 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 appro-
priated by Congress under section 1304 of title 31, United
States Code, the conditions of which are deemed to have
been met, including those of section 2414 of title 28, United
States Code; and
(B) $6,000,000 shall be provided from moneys appro-
priated by Congress for this specific purpose to the Sec-
retary.
(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 Irriga-
tion District, as the case may be, the delinquent payor shall
pay an additional sum equal to 10 percent interest annually
on the amount outstanding daily, compounded yearly on
December 31 of each respective year, until all outstanding
amounts due have been paid in full.
(6) SEVERALLY
LIABLE
FOR
PAYMENTS.—The Coachella
Valley Water District, the Imperial Irrigation District, and
the United States shall each be severally liable, but not jointly
liable, for its respective obligation to make the payments speci-
fied by this subsection.
(c) ADMINISTRATION OF SETTLEMENT TRUST FUNDS.—The Sec-
retary 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.—
H. R. 5528—43
(1) IN
GENERAL.—The Secretary shall convey into trust
status lands purchased or otherwise acquired by the Tribe
within the areas described in paragraphs (2) and (3) in an
amount not to exceed 11,800 acres in accordance with the
terms, conditions, criteria, and procedures set forth in the
Settlement Agreement and this title. Subject to such terms,
conditions, criteria, and procedures, all lands purchased or
otherwise acquired by the Tribe and conveyed into trust status
for the benefit of the Tribe pursuant to the Settlement Agree-
ment and this title shall be considered as if such lands were
so acquired in trust status in 1909 except as: (i) to water
rights as provided in subsection (c); and (ii) to valid rights
existing at the time of acquisition pursuant to this title.
(2) PRIMARY ACQUISITION AREA.—
(A) IN GENERAL.—The primary area within which lands
may be acquired pursuant to paragraph (1) consists of
the lands located in the Primary Acquisition Area, as
defined in the Settlement Agreement. The amount of acre-
age that may be acquired from such area is 11,800 acres
less the number of acres acquired and conveyed into trust
under paragraph (3).
(B) EFFECT
OF
OBJECTION.—Lands referred to in
subparagraph (A) may not be acquired pursuant to para-
graph (1) if by majority vote the governing body of the
city within whose incorporated boundaries (as such bound-
aries exist on the date of the Settlement Agreement) the
subject lands are situated within formally objects to the
Tribe’s request to convey the subject lands into trust and
notifies the Secretary of such objection in writing within
60 days of receiving a copy of the Tribe’s request in accord-
ance with the Settlement Agreement. Upon receipt of such
a notification, the Secretary shall deny the acquisition
request.
(3) SECONDARY ACQUISITION AREA.—
(A) IN GENERAL.—Not more than 640 acres of land
may be acquired pursuant to paragraph (1) from those
certain lands located in the Secondary Acquisition Area,
as defined in the Settlement Agreement.
(B) EFFECT
OF
OBJECTION.—Lands referred to in
subparagraph (A) may not be acquired pursuant to para-
graph (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, Cali-
fornia, in the event that such lands are located within
an unincorporated area,
formally objects to the Tribe’s request to convey the subject
lands into trust and notifies the Secretary of such objection
in writing within 60 days of receiving a copy of the Tribe’s
request in accordance with the Settlement Agreement.
Upon receipt of such a notification, the Secretary shall
deny the acquisition request.
(4) CONTIGUOUS LANDS.—The Secretary shall not take any
lands into trust for the Tribe under generally applicable Federal
statutes or regulations where such lands are both—
H. R. 5528—44
(A) contiguous to any lands within the Secondary
Acquisition Area that are taken into trust pursuant to
the terms of the Settlement Agreement and this title; and
(B) situated outside the Secondary Acquisition Area.
(b) RESTRICTIONS ON GAMING.—The Tribe may conduct gaming
on only one site within the lands acquired pursuant to subsection
6(a)(1) as more particularly provided in the Settlement Agreement.
(c) WATER RIGHTS.—All lands acquired by the Tribe under
subsection (a) shall—
(1) be subject to all valid water rights existing at the
time of tribal acquisition, including (but not limited to) all
rights under any permit or license issued under the laws of
the State of California to commence an appropriation of water,
to appropriate water, or to increase the amount of water 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 recharged or stored water or to
authorize others to recapture or recover the recharged or stored
water; and
(3) continue to enjoy all valid water rights appurtenant
to the land existing immediately prior to the time of tribal
acquisition.
SEC. 607. PERMANENT FLOWAGE EASEMENTS.
(a) CONVEYANCE OF EASEMENT TO COACHELLA VALLEY WATER
DISTRICT.—
(1) TRIBAL INTEREST.—The United States, in its capacity
as trustee for the Tribe, as well as for any affected Indian
allotment owners, and their successors and assigns, and the
Tribe in its own right and that of its successors and assigns,
shall convey to the Coachella Valley Water District a permanent
flowage easement as to all Indian trust lands (approximately
11,800 acres) located within and below the minus 220-foot
contour of the Salton Sink, in accordance with the terms and
conditions of the Settlement Agreement.
(2) UNITED STATES INTEREST.—The United States, in its
own right shall, notwithstanding any prior or present reserva-
tion or withdrawal of land of any kind, convey to the Coachella
Valley Water District a permanent flowage easement as to
all Federal lands (approximately 110,000 acres) located within
and below the minus 220-foot contour of the Salton Sink, in
accordance with the terms and conditions of the Settlement
Agreement.
(b) CONVEYANCE OF EASEMENT TO IMPERIAL IRRIGATION DIS-
TRICT.—
(1) TRIBAL INTEREST.—The United States, in its capacity
as trustee for the Tribe, as well as for any affected Indian
allotment owners, and their successors and assigns, and the
Tribe in its own right and that of its successors and assigns,
shall grant and convey to the Imperial Irrigation District a
permanent flowage easement as to all Indian trust lands
(approximately 11,800 acres) located within and below the
minus 220-foot contour of the Salton Sink, in accordance with
the terms and conditions of the Settlement Agreement.
H. R. 5528—45
(2) UNITED STATES.—The United States, in its own right
shall, notwithstanding any prior or present reservation or with-
drawal 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 accord-
ance with the terms and conditions of the Settlement Agree-
ment.
SEC. 608. SATISFACTION OF CLAIMS, WAIVERS, AND RELEASES.
(a) SATISFACTION OF CLAIMS.—The benefits available to the
Tribe and the allottees under the terms and conditions of the
Settlement Agreement and the provisions of this title shall con-
stitute full and complete satisfaction of the claims by the Tribe
and the allottees arising from or related to the inundation and
lack of drainage of tribal and allottee lands described in section
602 of this title and further defined in the Settlement Agreement.
(b) APPROVAL OF WAIVERS AND RELEASES.—The United States
hereby approves and confirms the releases and waivers required
by the Settlement Agreement and this title.
SEC. 609. MISCELLANEOUS PROVISIONS.
(a) ELIGIBILITY FOR BENEFITS.—Nothing in this title or the
Settlement Agreement shall affect the eligibility of the Tribe or
its members for any Federal program or diminish the trust responsi-
bility of the United States to the Tribe and its members.
(b) ELIGIBILITY FOR OTHER SERVICES NOT AFFECTED.—No pay-
ment pursuant to this title shall result in the reduction or denial
of any Federal services or programs to the Tribe or to members
of the Tribe, to which they are entitled or eligible because of
their status as a federally recognized Indian tribe or member of
the Tribe.
(c) PRESERVATION OF EXISTING RIGHTS.—Except as provided
in this title or the Settlement Agreement, any right to which the
Tribe is entitled under existing law shall not be affected or dimin-
ished.
(d) AMENDMENT OF SETTLEMENT AGREEMENT.—The Settlement
Agreement may be amended from time to time in accordance with
its terms and conditions to the extent that such amendments are
not inconsistent with the trust land acquisition provisions of the
Settlement Agreement, as such provisions existed on—
(1) the date of the enactment of this Act, in the case
of Modifications One and Three; and
(2) September 14, 2000, in the case of Modification Four.
SEC. 610. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this title.
SEC. 611. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided by subsection (b), this
title shall take effect on the date of the enactment of this Act.
(b) EXCEPTION.—Sections 4, 5, 6, 7, and 8 shall take effect
on the date on which the Secretary determines the following condi-
tions have been met:
(1) The Tribe agrees to the Settlement Agreement and
the provisions of this title and executes the releases and waivers
required by the Settlement Agreement and this title.
H. R. 5528—46
(2) The Coachella Valley Water District agrees to the Settle-
ment Agreement and to the provisions of this title.
(3) The Imperial Irrigation District agrees to the Settlement
Agreement and to the provisions of this title.
TITLE VII—SHAWNEE TRIBE STATUS
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Shawnee Tribe Status Act
of 2000’’.
SEC. 702. FINDINGS.
Congress finds the following:
(1) The Cherokee Shawnees, also known as the Loyal Shaw-
nees, are recognized as the descendants of the Shawnee Tribe
which was incorporated into the Cherokee Nation of Indians
of Oklahoma pursuant to an agreement entered into by and
between the Shawnee Tribe and the Cherokee Nation on June
7, 1869, and approved by the President on June 9, 1869, in
accordance with Article XV of the July 19, 1866, Treaty between
the United States and the Cherokee Nation (14 Stat. 799).
(2) The Shawnee Tribe from and after its incorporation
and its merger with the Cherokee Nation has continued to
maintain the Shawnee Tribe’s separate culture, language, reli-
gion, and organization, and a separate membership roll.
(3) The Shawnee Tribe and the Cherokee Nation have
concluded that it is in the best interests of the Shawnee Tribe
and the Cherokee Nation that the Shawnee Tribe be restored
to its position as a separate federally recognized Indian tribe
and all current and historical responsibilities, jurisdiction, and
sovereignty as it relates to the Shawnee Tribe, the Cherokee-
Shawnee people, and their properties everywhere, provided that
civil and criminal jurisdiction over Shawnee individually owned
restricted and trust lands, Shawnee tribal trust lands,
dependent Indian communities, and all other forms of Indian
country within the jurisdictional territory of the Cherokee
Nation and located within the State of Oklahoma shall remain
with the Cherokee Nation, unless consent is obtained by the
Shawnee Tribe from the Cherokee Nation to assume all or
any portion of such jurisdiction.
(4) On August 12, 1996, the Tribal Council of the Cherokee
Nation unanimously adopted Resolution 96–09 supporting the
termination by the Secretary of the Interior of the 1869 Agree-
ment.
(5) On July 23, 1996, the Shawnee Tribal Business Com-
mittee concurred in such resolution.
(6) On March 13, 2000, a second resolution was adopted
by the Tribal Council of the Cherokee Nation (Resolution 15–
00) supporting the submission of this legislation to Congress
for enactment.
SEC. 703. DEFINITIONS.
In this title:
(1) CHEROKEE
NATION.—The term ‘‘Cherokee Nation’’
means the Cherokee Nation, with its headquarters located in
Tahlequah, Oklahoma.
H. R. 5528—47
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) TRIBE.—The term ‘‘Tribe’’ means the Shawnee Tribe,
known also as the ‘‘Loyal Shawnee’’ or ‘‘Cherokee Shawnee’’,
which was a party to the 1869 Agreement between the Cherokee
Nation and the Shawnee Tribe of Indians.
(4) TRUST LAND.—The term ‘‘trust land’’ means land, the
title to which is held by the United States in trust for the
benefit of an Indian tribe or individual.
(5) RESTRICTED LAND.—The term ‘‘restricted land’’ means
any land, the title to which is held in the name of an Indian
or Indian tribe subject to restrictions by the United States
against alienation.
SEC. 704. FEDERAL RECOGNITION, TRUST RELATIONSHIP, AND PRO-
GRAM ELIGIBILITY.
(a) FEDERAL RECOGNITION.—The Federal recognition of the
Tribe and the trust relationship between the United States and
the Tribe are hereby reaffirmed. Except as otherwise provided in
this title, the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C.
501 et seq.) (commonly known as the ‘‘Oklahoma Indian Welfare
Act’’), and all laws and rules of law of the United States of general
application to Indians, Indian tribes, or Indian reservations which
are not inconsistent with this title shall apply to the Tribe, and
to its members and lands. The Tribe is hereby recognized as an
independent tribal entity, separate from the Cherokee Nation or
any other Indian tribe.
(b) PROGRAM ELIGIBILITY.—
(1) IN
GENERAL.—Subject to the provisions of this sub-
section, the Tribe and its members are eligible for all special
programs and services provided by the United States to Indians
because of their status as Indians.
(2) CONTINUATION
OF
BENEFITS.—Except as provided in
paragraph (3), the members of the Tribe who are residing
on land recognized by the Secretary to be within the Cherokee
Nation and eligible for Federal program services or benefits
through the Cherokee Nation shall receive such services or
benefits through the Cherokee Nation.
(3) ADMINISTRATION BY TRIBE.—The Tribe shall be eligible
to apply for and administer the special programs and services
provided by the United States to Indians because of their
status as Indians, including such programs and services within
land recognized by the Secretary to be within the Cherokee
Nation, in accordance with applicable laws and regulations
to the same extent that the Cherokee Nation is eligible to
apply for and administer programs and services, but only—
(A) if the Cherokee Nation consents to the operation
by the Tribe of federally funded programs and services;
(B) if the benefits of such programs or services are
to be provided to members of the Tribe in areas recognized
by the Secretary to be under the jurisdiction of the Tribe
and outside of land recognized by the Secretary to be
within the Cherokee Nation, so long as those members
are not receiving such programs or services from another
Indian tribe; or
H. R. 5528—48
(C) if under applicable provisions of Federal law, the
Cherokee Nation is not eligible to apply for and administer
such programs or services.
(4) DUPLICATION OF SERVICES NOT ALLOWED.—The Tribe
shall not be eligible to apply for or administer any Federal
programs or services on behalf of Indians recipients if such
recipients are receiving or are eligible to receive the same
federally funded programs or services from the Cherokee
Nation.
(5) COOPERATIVE
AGREEMENTS.—Nothing in this section
shall restrict the Tribe and the Cherokee Nation from entering
into cooperative agreements to provide such programs or serv-
ices and such funding agreements shall be honored by Federal
agencies, unless otherwise prohibited by law.
SEC. 705. ESTABLISHMENT OF A TRIBAL ROLL.
(a) APPROVAL OF BASE ROLL.—Not later than 180 days after
the date of the enactment of this Act, the Tribe shall submit
to the Secretary for approval its base membership roll, which shall
include only individuals who are not members of any other federally
recognized Indian tribe or who have relinquished membership in
such tribe and are eligible for membership under subsection (b).
(b) BASE ROLL ELIGIBILITY.—An individual is eligible for enroll-
ment on the base membership roll of the Tribe if that individual—
(1) is on, or eligible to be on, the membership roll of
Cherokee Shawnees maintained by the Tribe prior to the date
of the enactment of this Act which is separate from the member-
ship roll of the Cherokee Nation; or
(2) is a lineal descendant of any person—
(A) who was issued a restricted fee patent to land
pursuant to Article 2 of the Treaty of May 10, 1854,
between the United States and the Tribe (10 Stat. 1053);
or
(B) whose name was included on the 1871 Register
of names of those members of the Tribe who moved to,
and located in, the Cherokee Nation in Indian Territory
pursuant to the Agreement entered into by and between
the Tribe and the Cherokee Nation on June 7, 1869.
(c) FUTURE MEMBERSHIP.—Future membership in the Tribe
shall be as determined under the eligibility requirements set out
in subsection (b)(2) or under such future membership ordinance
as the Tribe may adopt.
SEC. 706. ORGANIZATION OF THE TRIBE; TRIBAL CONSTITUTION.
(a) EXISTING
CONSTITUTION
AND
GOVERNING
BODY.—The
existing constitution and bylaws of the Cherokee Shawnee and
the officers and members of the Shawnee Tribal Business Com-
mittee, as constituted on the date of the enactment of this Act,
are hereby recognized respectively as the governing documents and
governing body of the Tribe.
(b) CONSTITUTION.—Notwithstanding subsection (a), the Tribe
shall have a right to reorganize its tribal government pursuant
to section 3 of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C.
503).
SEC. 707. TRIBAL LAND.
(a) LAND ACQUISITION.—
H. R. 5528—49
(1) IN GENERAL.—The Tribe shall be eligible to have land
acquired in trust for its benefit pursuant to section 5 of the
Act of June 18, 1934 (48 Stat. 985; 25 U.S.C. 465) and section
1 of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 501).
(2) CERTAIN
LAND
IN
OKLAHOMA.—Notwithstanding any
other provision of law but subject to subsection (b), if the
Tribe transfers any land within the boundaries of the State
of Oklahoma to the Secretary, the Secretary shall take such
land into trust for the benefit of the Tribe.
(b) RESTRICTION.—No land recognized by the Secretary to be
within the Cherokee Nation or any other Indian tribe may be
taken into trust for the benefit of the Tribe under this section
without the consent of the Cherokee Nation or such other tribe,
respectively.
SEC. 708. JURISDICTION.
(a) IN GENERAL.—The Tribe shall have jurisdiction over trust
land and restricted land of the Tribe and its members to the
same extent that the Cherokee Nation has jurisdiction over land
recognized by the Secretary to be within the Cherokee Nation
and its members, but only if such land—
(1) is not recognized by the Secretary to be within the
jurisdiction of another federally recognized tribe; or
(2) has been placed in trust or restricted status with the
consent of the federally recognized tribe within whose jurisdic-
tion the Secretary recognizes the land to be, and only to the
extent that the Tribe’s jurisdiction has been agreed to by that
host tribe.
(b) RULE OF CONSTRUCTION.—Nothing in this title shall be
construed to diminish or otherwise limit the jurisdiction of any
Indian tribe that is federally recognized on the day before the
date of the enactment of this Act over trust land, restricted land,
or other forms of Indian country of that Indian tribe on such
date.
SEC. 709. INDIVIDUAL INDIAN LAND.
Nothing in this title shall be construed to affect the restrictions
against alienation of any individual Indian’s land and those restric-
tions shall continue in force and effect.
SEC. 710. TREATIES NOT AFFECTED.
No provision of this title shall be construed to constitute an
amendment, modification, or interpretation of any treaty to which
a tribe referred to in this title is a party nor to any right secured
to such a tribe or to any other tribe by any treaty.
TITLE VIII—TECHNICAL CORRECTIONS
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Native American Laws Technical
Corrections Act of 2000’’.
H. R. 5528—50
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 Mis-
sissippi 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 CIV-
ILIZED TRIBES OF OKLAHOMA.
(a) INDIAN SELF-DETERMINATION ACT.—Section 1(b)(15)(A) of
the model agreement set forth in section 108(c) of the Indian Self-
Determination Act (25 U.S.C. 450l(c)) is amended—
(1) by striking ‘‘and section 16’’ and inserting ‘‘, section
16’’; and
(2) by striking ‘‘shall not’’ and inserting ‘‘and the Act of
July 3, 1952 (25 U.S.C. 82a), shall not’’.
(b) INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
ACT.—Section 403(h)(2) of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 458cc(h)(2)) is amended—
(1) by striking ‘‘and section’’ and inserting ‘‘section’’; and
(2) by striking ‘‘shall not’’ and inserting ‘‘and the Act of
July 3, 1952 (25 U.S.C. 82a), shall not’’.
(c) REPEALS.—The following provisions of law are repealed:
(1) Section 2106 of the Revised Statutes (25 U.S.C. 84).
(2) Sections 438 and 439 of title 18, United States Code.
SEC. 813. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS
TO THE RED LAKE BAND OF CHIPPEWA INDIANS AND
THE MINNESOTA CHIPPEWA TRIBES.
(a) RED LAKE BAND OF CHIPPEWA INDIANS.—Notwithstanding
any other provision of law, the balances of all expert assistance
loans made to the Red Lake Band of Chippewa Indians under
the authority of Public Law 88–168 (77 Stat. 301), and relating
to Red Lake Band v. United States (United States Court of Federal
Claims Docket Nos. 189 A, B, C), are canceled and the Secretary
of the Interior shall take such action as may be necessary to
document such cancellation and to release the Red Lake Band
of Chippewa Indians from any liability associated with such loans.
(b) MINNESOTA CHIPPEWA TRIBE.—Notwithstanding any other
provision of law, the balances of all expert assistance loans made
to the Minnesota Chippewa Tribe under the authority of Public
Law 88–168 (77 Stat. 301), and relating to Minnesota Chippewa
Tribe v. United States (United States Court of Federal Claims
Docket Nos. 19 and 188), are canceled and the Secretary of the
Interior shall take such action as may be necessary to document
such cancellation and to release the Minnesota Chippewa Tribe
from any liability associated with such loans.
H. R. 5528—51
SEC. 814. TECHNICAL AMENDMENT TO THE INDIAN CHILD PROTEC-
TION AND FAMILY VIOLENCE PROTECTION ACT.
Section 408(b) of the Indian Child Protection and Family
Violence Prevention Act (25 U.S.C. 3207(b)) is amended—
(1) by striking ‘‘any offense’’ and inserting ‘‘any felonious
offense, or any of two or more misdemeanor offenses,’’; and
(2) by striking ‘‘or crimes against persons’’ and inserting
‘‘crimes against persons; or offenses committed against chil-
dren’’.
SEC. 815. TECHNICAL AMENDMENT TO EXTEND THE AUTHORIZATION
PERIOD UNDER THE INDIAN HEALTH CARE IMPROVE-
MENT ACT.
The authorization of appropriations for, and the duration of,
each program or activity under the Indian Health Care Improve-
ment Act (25 U.S.C. 1601 et seq.) is extended through fiscal year
2001.
SEC. 816. TECHNICAL AMENDMENT TO EXTEND THE AUTHORIZATION
PERIOD UNDER THE INDIAN ALCOHOL AND SUBSTANCE
ABUSE PREVENTION AND TREATMENT ACT OF 1986.
The authorization of appropriations for, and the duration of,
each program or activity under the Indian Alcohol and Substance
Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2401
et seq.) is extended through fiscal year 2001.
SEC. 817. MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN
NATIONAL ENVIRONMENTAL POLICY FOUNDATION.
(a) AUTHORITY.—Section 6(7) of the Morris K. Udall Scholarship
and Excellence in National Environmental and Native American
Public Policy Act of 1992 (20 U.S.C. 5604(7)) is amended by inserting
before the semicolon at the end the following: ‘‘, by conducting
management and leadership training of Native Americans, Alaska
Natives, and others involved in tribal leadership, providing assist-
ance and resources for policy analysis, and carrying out other appro-
priate activities.’’.
(b) ADMINISTRATIVE PROVISIONS.—Section 12(b) of the Morris
K. Udall Scholarship and Excellence in National Environmental
and Native American Public Policy Act of 1992 (20 U.S.C. 5608(b))
is amended by inserting before the period at the end the following:
‘‘and to the activities of the Foundation under section 6(7)’’.
(c) AUTHORIZATION
OF APPROPRIATIONS.—Section 13 of the
Morris K. Udall Scholarship and Excellence in National Environ-
mental and Native American Public Policy Act of 1992 (20 U.S.C.
5609) is amended by adding at the end the following:
‘‘(c) TRAINING OF PROFESSIONALS IN HEALTH CARE AND PUBLIC
POLICY.—There is authorized to be appropriated to carry out section
6(7) $12,300,000 for the 5-fiscal year period beginning with the
fiscal year in which this subsection is enacted.’’.
SEC. 818. TECHNICAL AMENDMENT REGARDING THE TREATMENT OF
CERTAIN INCOME FOR PURPOSES OF FEDERAL ASSIST-
ANCE.
Section 7 of the Act of October 19, 1973 (25 U.S.C. 1407)
is amended—
(1) in paragraph (2), by striking ‘‘or’’ at the end;
(2) in paragraph (3), by adding ‘‘or’’ at the end; and
(3) by inserting after paragraph (3), the following:
H. R. 5528—52
‘‘(4) are paid by the State of Minnesota to the Bois Forte
Band of Chippewa Indians pursuant to the agreements of such
Band to voluntarily restrict tribal rights to hunt and fish in
territory cede under the Treaty of September 30, 1854 (10
Stat. 1109), including all interest accrued on such funds during
any period in which such funds are held in a minor’s trust,’’.
SEC. 819. LAND TO BE TAKEN INTO TRUST.
Notwithstanding any other provision of law, the Secretary of
the Interior shall accept for the benefit of the Lytton Rancheria
of California the land described in that certain grant deed dated
and recorded on October 16, 2000, in the official records of the
County of Contra Costa, California, Deed Instrument Number 2000–
229754. The Secretary shall declare that such land is held in
trust by the United States for the benefit of the Rancheria and
that such land is part of the reservation of such Rancheria under
sections 5 and 7 of the Act of June 18, 1934 (48 Stat. 985; 25
U.S.C. 467). Such land shall be deemed to have been held in
trust and part of the reservation of the Rancheria prior to October
17, 1988.
Subtitle B—Santa Fe Indian School
SEC. 821. SHORT TITLE.
This subtitle may be cited as the ‘‘Santa Fe Indian School
Act’’.
SEC. 822. DEFINITIONS.
In this subtitle:
(1) 19 PUEBLOS.—The term ‘‘19 Pueblos’’ means the Indian
pueblos of Acoma, Cochiti Isleta, Jemen, Laguna, Nambe,
Picuris, Pojoaque, San Felipe, San Ildefonso, San Juan, Sandia,
Santa Ana, Santa Clara, Santo Domingo, Taos, Tesuque, Zia,
and Zuni.
(2) SANTA FE INDIAN SCHOOL, INC..—The term ‘‘Santa Fe
Indian School, Inc.’’ means a corporation chartered under laws
of the State of New Mexico.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
SEC. 823. TRANSFER OF CERTAIN LANDS FOR USE AS THE SANTA
FE INDIAN SCHOOL.
(a) IN GENERAL.—All right, title, and interest of the United
States in and to the land, including improvements and appur-
tenances thereto, described in subsection (b) are declared to be
held in trust for the benefit of the 19 Pueblos of New Mexico.
(b) LAND.—
(1) IN GENERAL.—The land described in this subsection
is the tract of land, located in the city and county of Santa
Fe, New Mexico, upon which the Santa Fe Indian School is
located and more particularly described as all that certain
real property, excluding the tracts described in paragraph (2),
as shown in the United Sates General Land Office Plat of
the United States Indian School Tract dated March 19, 1937,
and recorded at Book 363, Page 024, Office of the Clerk, Santa
Fe County, New Mexico, containing a total acreage of 131.43
acres, more or less.
H. R. 5528—53
(2) EXCLUSIONS.—The excluded tracts described in this
paragraph are all portions of any tracts heretofore conveyed
by the deeds recorded in the Office of the Clerk, Santa Fe
County, New Mexico, at—
(A) Book 114, Page 106, containing 0.518 acres, more
or less;
(B) Book 122, Page 45, containing 0.238 acres, more
or less;
(C) Book 123, Page 228, containing 14.95, more or
less; and
(D) Book 130, Page 84, containing 0.227 acres, more
or less,
leaving, as the net acreage to be included in the land described
in paragraph (1) and taken into trust pursuant to subsection
(a), a tract containing 115.5 acres, more or less.
(c) LIMITATIONS AND CONDITIONS.—The land taken into trust
pursuant to subsection (a) shall remain subject to—
(1) any existing encumbrances, rights of way, restrictions,
or easements of record;
(2) the right of the Indian Health Service to continue
use and occupancy of 10.23 acres of such land which are cur-
rently occupied by the Santa Fe Indian Hospital and its parking
facilities as more fully described as Parcel ‘‘A’’ in legal descrip-
tion No. Pd–K–51–06–01 and recorded as Document No. 059–
3–778, Bureau of Indian Affairs Land Title & Records Office,
Albuquerque, New Mexico; and
(3) the right of the United States to use, without cost,
additional portions of land transferred pursuant to this section,
which are contiguous to the land described in paragraph (2),
for purposes of the Indian Health Service.
SEC. 824. LAND USE.
(a) LIMITATION FOR EDUCATIONAL AND CULTURAL PURPOSES.—
The land taken into trust under section 823(a) shall be used solely
for the educational, health, or cultural purposes of the Santa Fe
Indian School, including use for related non-profit or technical
programs, as operated by Santa Fe Indian School, Inc. on the
date of the enactment of this Act.
(b) REVERSION.—
(1) IN GENERAL.—If the Secretary determines that the land
taken into trust under section 823(a) is not being used as
required under subsection (a), the Secretary shall provide
appropriate notice to the 19 Pueblos of such noncompliance
and require the 19 Pueblos to comply with the requirements
of this subtitle.
(2) CONTINUED FAILURE TO COMPLY.—If the Secretary, after
providing notice under paragraph (1) and after the expiration
of a reasonable period of time, determines that the noncompli-
ance 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).
H. R. 5528—54
TITLE IX—CALIFORNIA INDIAN LAND
TRANSFER
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘California Indian Land Transfer
Act’’.
SEC. 902. LANDS HELD IN TRUST FOR VARIOUS TRIBES OF CALIFORNIA
INDIANS.
(a) IN GENERAL.—Subject to valid existing rights, all right,
title, and interest of the United States in and to the lands, including
improvements and appurtenances, described in a paragraph of sub-
section (b) in connection with the respective tribe, band, or group
of Indians named in such paragraph are hereby declared to be
held in trust by the United States for the benefit of such tribe,
band, or group. Real property taken into trust pursuant to this
subsection shall not be considered to have been taken into trust
for gaming (as that term is used in the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.)).
(b) LANDS DESCRIBED.—The lands described in this subsection,
comprising approximately 3,525.8 acres, and the respective tribe,
band, or group, are as follows:
(1) PIT RIVER TRIBE.—Lands to be held in trust for the
Pit River Tribe are comprised of approximately 561.69 acres
described as follows:
Mount Diablo Base and Meridian
Township 42 North, Range 13 East
Section 3:
S1⁄2 NW1⁄4, NW1⁄4 NW1⁄4, 120 acres.
Township 43 North, Range 13 East
Section 1:
N1⁄2 NE1⁄4, 80 acres,
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 PAIUTE INDIANS.—
Lands to be held in trust for the Fort Independence Community
H. R. 5528—55
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:
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 Mission Indians are comprised
of approximately 5.03 acres described as follows:
San Bernardino Base and Meridian
Township 14 South, Range 2 East
Section 7, Lot 15.
(4) CUYAPAIPE
BAND
OF
MISSION
INDIANS.—Lands to be
held in trust for the Cuyapaipe Band of Mission Indians are
comprised of approximately 1,360 acres described as follows:
San Bernardino Base and Meridian
Township 15 South, Range 6 East
Section 21:
All of this section.
Section 31:
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.
(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 Indians are comprised
of approximately 59.20 acres described as follows: