II
106TH CONGRESS
2D SESSION
H. R. 5528
IN THE SENATE OF THE UNITED STATES
OCTOBER 27 (legislative day, SEPTEMBER 22), 2000
Received
AN ACT
To authorize the construction of a Wakpa Sica Reconciliation
Place in Fort Pierre, South Dakota, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Omnibus Indian Ad-
vancement Act’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY
IRRIGATION WORKS
Sec. 101. Findings.
Sec. 102. Conveyance and operation of irrigation works.
Sec. 103. Relationship to other laws.
TITLE II—NATIVE HAWAIIAN HOUSING ASSISTANCE
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Housing assistance.
Sec. 204. Loan guarantees for Native Hawaiian housing.
TITLE III—COUSHATTA TRIBE OF LOUISIANA LAND
TRANSACTIONS
Sec. 301. Approval not required to validate land transactions.
TITLE IV—WAKPA SICA RECONCILIATION PLACE
Sec. 401. Findings.
Sec. 402. Definitions.
Subtitle A—Reconciliation Center
Sec. 411. Reconciliation center.
Sec. 412. Sioux Nation Tribal Supreme Court.
Sec. 413. Legal jurisdiction not affected.
Subtitle B—GAO Study
Sec. 421. GAO study.
TITLE V—EXPENDITURE OF FUNDS BY ZUNI INDIAN TRIBE
Sec. 501. Expenditure of funds by tribe authorized.
TITLE VI—TORRES-MARTINEZ DESERT CAHUILLA INDIANS
CLAIMS SETTLEMENT
Sec. 601. Short title.
Sec. 602. Congressional findings and purpose.
Sec. 603. Definitions.
Sec. 604. Ratification of settlement agreement.
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TITLE I—SALT RIVER PIMA-MAR-
ICOPA 
INDIAN 
COMMUNITY
IRRIGATION WORKS
SEC. 101. FINDINGS.
The Congress finds and declares that—
(1) it is the policy of the United States, in ful-
fillment of its trust responsibility to Indian tribes, to
promote Indian self-determination and economic
self-sufficiency;
(2) the Salt River Pima-Maricopa Indian Com-
munity (hereinafter referred to as the ‘‘Commu-
nity’’) has operated the irrigation works within the
Community’s reservation since November 1997 and
is capable of fully managing the operation of these
irrigation works;
(3) considering that the irrigation works, which
are comprised primarily of canals, ditches, irrigation
wells, storage reservoirs, and sump ponds located ex-
clusively on lands held in trust for the Community
and allottees, have been operated generally the same
for over 100 years, the irrigation works will continue
to be used for the distribution and delivery of water;
(4) considering that the operational manage-
ment of the irrigation works has been carried out by
the Community as indicated in paragraph (2), the
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conveyance of ownership of such works to the Com-
munity is viewed as an administrative action;
(5) the Community’s laws and regulations are
in compliance with section 102(b); and
(6) in light of the foregoing and in order to—
(A) promote Indian self-determination, eco-
nomic self-sufficiency, and self-governance;
(B) enable the Community in its develop-
ment of a diverse, efficient reservation economy;
and
(C) enable the Community to better serve
the water needs of the water users within the
Community,
it is appropriate in this instance that the United
States convey to the Community the ownership of
the irrigation works.
SEC. 102. CONVEYANCE AND OPERATION OF IRRIGATION
WORKS.
(a) CONVEYANCE.—The Secretary of the Interior, as
soon as is practicable after the date of the enactment of
this Act, and in accordance with the provisions of this title
and all other applicable law, shall convey to the Commu-
nity any or all rights and interests of the United States
in and to the irrigation works on the Community’s res-
ervation which were formerly operated by the Bureau of
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Indian Affairs. Notwithstanding the provisions of sections
1 and 3 of the Act of April 4, 1910 (25 U.S.C. 385) and
sections 1, 2, and 3 of the Act of August 7, 1946 (25
U.S.C. 385a, 385b, and 385c) and any implementing reg-
ulations, during the period between the date of the enact-
ment of this Act and the conveyance of the irrigation
works by the United States to the Community, the Com-
munity shall operate the irrigation works under the provi-
sions set forth in this title and in accordance with the In-
dian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.), including retaining and expending
operations and maintenance collections for irrigation
works purposes. Effective upon the date of conveyance of
the irrigation works, the Community shall have the full
ownership of and operating authority over the irrigation
works in accordance with the provisions of this title.
(b) FULFILLMENT
OF FEDERAL TRUST RESPON-
SIBILITIES.—To assure compliance with the Federal trust
responsibilities of the United States to Indian tribes, indi-
vidual Indians and Indians with trust allotments, includ-
ing such trust responsibilities contained in Salt River
Pima-Maricopa Indian Community Water Rights Settle-
ment Act of 1988 (Public Law 100–512), the Community
shall operate the irrigation works consistent with this title
and under uniform laws and regulations adopted by the
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Community for the management, regulation, and control
of water resources on the reservation so as to assure fair-
ness in the delivery of water to water users. Such Commu-
nity laws and regulations include currently and shall con-
tinue to include provisions to maintain the following re-
quirements and standards which shall be published and
made available to the Secretary and the Community at
large:
(1) PROCESS.—A process by which members of
the Community, including Indian allottees, shall be
provided a system of distribution, allocation, control,
pricing and regulation of water that will provide a
just and equitable distribution of water so as to
achieve the maximum beneficial use and conserva-
tion of water in recognition of the demand on the
water resource, the changing uses of land and water
and the varying annual quantity of available Com-
munity water.
(2) DUE PROCESS.—A due process system for
the consideration and determination of any request
by an Indian or Indian allottee for distribution of
water for use on his or her land, including a process
for appeal and adjudication of denied or disputed
distributions and for resolution of contested adminis-
trative decisions.
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(c) SUBSEQUENT MODIFICATION OF LAWS AND REG-
ULATIONS.—If the provisions of the Community’s laws
and regulations implementing subsection (b) only are to
be modified subsequent to the date of the enactment of
this Act by the Community, such proposed modifications
shall be published and made available to the Secretary at
least 120 days prior to their effective date and any modi-
fication that could significantly adversely affect the rights
of allottees shall only become effective upon the concur-
rence of both the Community and the Secretary.
(d) LIMITATIONS OF LIABILITY.—Effective upon the
date of the enactment of this Act, the United States shall
not be liable for damages of any kind arising out of any
act, omission, or occurrence based on the Community’s
ownership or operation of the irrigation works, except for
damages caused by acts of negligence committed by the
United States prior to the date of the enactment of this
Act. Nothing in this section shall be deemed to increase
the liability of the United States beyond that currently
provided in the Federal Tort Claims Act (28 U.S.C. 2671
et seq.).
(e) CANCELLATION
OF CHARGES.—Effective upon
the date of conveyance of the irrigation works under this
section, any charges for construction of the irrigation
works on the reservation of the Community that have been
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deferred pursuant to the Act of July 1, 1932 (25 U.S.C.
386a) are hereby canceled.
(f) PROJECT NO LONGER A BIA PROJECT.—Effec-
tive upon the date of conveyance of the irrigation works
under this section, the irrigation works shall no longer be
considered a Bureau of Indian Affairs irrigation project
and the facilities will not be eligible for Federal benefits
based solely on the fact that the irrigation works were for-
merly a Bureau of Indian Affairs irrigation project. Noth-
ing in this title shall be construed to limit or reduce in
any way the service, contracts, or funds the Community
may be eligible to receive under other applicable Federal
law.
SEC. 103. RELATIONSHIP TO OTHER LAWS.
Nothing in this title shall be construed to diminish
the trust responsibility of the United States under applica-
ble law to the Salt River Pima-Maricopa Indian Commu-
nity, to individual Indians, or to Indians with trust allot-
ments within the Community’s reservation.
TITLE II—NATIVE HAWAIIAN
HOUSING ASSISTANCE
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Hawaiian Homelands
Homeownership Act of 2000’’.
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SEC. 202. FINDINGS.
Congress finds that—
(1) the United States has undertaken a respon-
sibility to promote the general welfare of the United
States by—
(A) employing its resources to remedy the
unsafe and unsanitary housing conditions and
the acute shortage of decent, safe, and sanitary
dwellings for families of lower income; and
(B) developing effective partnerships with
governmental and private entities to accomplish
the objectives referred to in subparagraph (A);
(2) the United States has a special responsi-
bility for the welfare of the Native peoples of the
United States, including Native Hawaiians;
(3) pursuant to the provisions of the Hawaiian
Homes Commission Act, 1920 (42 Stat. 108 et
seq.), the United States set aside 200,000 acres of
land in the Federal territory that later became the
State of Hawaii in order to establish a homeland for
the native people of Hawaii—Native Hawaiians;
(4) despite the intent of Congress in 1920 to
address the housing needs of Native Hawaiians
through the enactment of the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108 et seq.), Native
Hawaiians eligible to reside on the Hawaiian home
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lands have been foreclosed from participating in
Federal housing assistance programs available to all
other eligible families in the United States;
(5) although Federal housing assistance pro-
grams have been administered on a racially neutral
basis in the State of Hawaii, Native Hawaiians con-
tinue to have the greatest unmet need for housing
and the highest rates of overcrowding in the United
States;
(6) among the Native American population of
the United States, Native Hawaiians experience the
highest percentage of housing problems in the
United States, as the percentage—
(A) of housing problems in the Native Ha-
waiian population is 49 percent, as compared
to—
(i) 44 percent for American Indian
and Alaska Native households in Indian
country; and
(ii) 27 percent for all other house-
holds in the United States; and
(B) overcrowding in the Native Hawaiian
population is 36 percent as compared to 3 per-
cent for all other households in the United
States;
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(7) among the Native Hawaiian population, the
needs of Native Hawaiians, as that term is defined
in section 801 of the Native American Housing As-
sistance and Self-Determination Act of 1996, as
added by section 203 of this Act, eligible to reside
on the Hawaiian Home Lands are the most severe,
as—
(A) the percentage of overcrowding in Na-
tive Hawaiian households on the Hawaiian
Home Lands is 36 percent; and
(B) approximately 13,000 Native Hawai-
ians, which constitute 95 percent of the Native
Hawaiians who are eligible to reside on the Ha-
waiian Home Lands, are in need of housing;
(8) applying the Department of Housing and
Urban Development guidelines—
(A) 70.8 percent of Native Hawaiians who
either reside or who are eligible to reside on the
Hawaiian Home Lands have incomes that fall
below the median family income; and
(B) 50 percent of Native Hawaiians who
either reside or who are eligible to reside on the
Hawaiian Home Lands have incomes below 30
percent of the median family income;
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(9) 1⁄3 of those Native Hawaiians who are eligi-
ble to reside on the Hawaiian Home Lands pay
more than 30 percent of their income for shelter,
and 1⁄2 of those Native Hawaiians face overcrowding;
(10) the extraordinarily severe housing needs of
Native Hawaiians demonstrate that Native Hawai-
ians who either reside on, or are eligible to reside on,
Hawaiian Home Lands have been denied equal ac-
cess to Federal low-income housing assistance pro-
grams available to other qualified residents of the
United States, and that a more effective means of
addressing their housing needs must be authorized;
(11) consistent with the recommendations of
the National Commission on American Indian, Alas-
ka Native, and Native Hawaiian Housing, and in
order to address the continuing prevalence of ex-
traordinarily severe housing needs among Native
Hawaiians who either reside or are eligible to reside
on the Hawaiian Home Lands, Congress finds it
necessary to extend the Federal low-income housing
assistance available to American Indians and Alaska
Natives under the Native American Housing Assist-
ance and Self-Determination Act of 1996 (25 U.S.C.
4101 et seq.) to those Native Hawaiians;
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(12) under the treatymaking power of the
United States, Congress had the constitutional au-
thority to confirm a treaty between the United
States and the government that represented the Ha-
waiian people, and from 1826 until 1893, the United
States recognized the independence of the Kingdom
of Hawaii, extended full diplomatic recognition to
the Hawaiian Government, and entered into treaties
and conventions with the Hawaiian monarchs to gov-
ern commerce and navigation in 1826, 1842, 1849,
1875, and 1887;
(13) the United States has recognized and re-
affirmed that—
(A) Native Hawaiians have a cultural, his-
toric, and land-based link to the indigenous peo-
ple who exercised sovereignty over the Hawaiian
Islands, and that group has never relinquished
its claims to sovereignty or its sovereign lands;
(B) Congress does not extend services to
Native Hawaiians because of their race, but be-
cause of their unique status as the indigenous
people of a once sovereign nation as to whom
the United States has established a trust rela-
tionship;
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(C) Congress has also delegated broad au-
thority to administer a portion of the Federal
trust responsibility to the State of Hawaii;
(D) the political status of Native Hawai-
ians is comparable to that of American Indians;
and
(E) the aboriginal, indigenous people of
the United States have—
(i) a continuing right to autonomy in
their internal affairs; and
(ii) an ongoing right of self-deter-
mination and self-governance that has
never been extinguished;
(14) the political relationship between the
United States and the Native Hawaiian people has
been recognized and reaffirmed by the United States
as evidenced by the inclusion of Native Hawaiians
in—
(A) the Native American Programs Act of
1974 (42 U.S.C. 2291 et seq.);
(B) the American Indian Religious Free-
dom Act (42 U.S.C. 1996 et seq.);
(C) the National Museum of the American
Indian Act (20 U.S.C. 80q et seq.);
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(D) the Native American Graves Protec-
tion and Repatriation Act (25 U.S.C. 3001 et
seq.);
(E) the National Historic Preservation Act
(16 U.S.C. 470 et seq.);
(F) the Native American Languages Act of
1992 (106 Stat. 3434);
(G) the American Indian, Alaska Native
and Native Hawaiian Culture and Arts Devel-
opment Act (20 U.S.C. 4401 et seq.);
(H) the Job Training Partnership Act (29
U.S.C. 1501 et seq.); and
(I) the Older Americans Act of 1965 (42
U.S.C. 3001 et seq.); and
(15) in the area of housing, the United States
has recognized and reaffirmed the political relation-
ship with the Native Hawaiian people through—
(A) the enactment of the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108 et seq.),
which set aside approximately 200,000 acres of
public lands that became known as Hawaiian
Home Lands in the Territory of Hawaii that
had been ceded to the United States for home-
steading by Native Hawaiians in order to reha-
bilitate a landless and dying people;
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(B) the enactment of the Act entitled ‘‘An
Act to provide for the admission of the State of
Hawaii into the Union’’, approved March 18,
1959 (73 Stat. 4)—
(i) by ceding to the State of Hawaii
title to the public lands formerly held by
the United States, and mandating that
those lands be held in public trust, for the
betterment of the conditions of Native Ha-
waiians, as that term is defined in section
201 of the Hawaiian Homes Commission
Act, 1920 (42 Stat. 108 et seq.); and
(ii) by transferring the United States
responsibility for the administration of Ha-
waiian Home Lands to the State of Ha-
waii, but retaining the authority to enforce
the trust, including the exclusive right of
the United States to consent to any actions
affecting the lands which comprise the cor-
pus of the trust and any amendments to
the Hawaiian Homes Commission Act,
1920 (42 Stat. 108 et seq.), enacted by the
legislature of the State of Hawaii affecting
the rights of beneficiaries under the Act;
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(C) the authorization of mortgage loans in-
sured by the Federal Housing Administration
for the purchase, construction, or refinancing of
homes on Hawaiian Home Lands under the Act
of June 27, 1934 (commonly referred to as the
‘‘National Housing Act’’ (42 Stat. 1246 et seq.,
chapter 847; 12 U.S.C. 1701 et seq.));
(D) authorizing Native Hawaiian represen-
tation on the National Commission on Amer-
ican Indian, Alaska Native, and Native Hawai-
ian Housing under Public Law 101–235;
(E) the inclusion of Native Hawaiians in
the definition under section 3764 of title 38,
United States Code, applicable to subchapter V
of chapter 37 of title 38, United States Code
(relating to a housing loan program for Native
American veterans); and
(F) the enactment of the Hawaiian Home
Lands Recovery Act (109 Stat. 357; 48 U.S.C.
491, note prec.) which establishes a process for
the conveyance of Federal lands to the Depart-
ment of Hawaiian Homes Lands that are equiv-
alent in value to lands acquired by the United
States from the Hawaiian Home Lands inven-
tory.
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SEC. 203. HOUSING ASSISTANCE.
The Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.) is
amended by adding at the end the following:
‘‘TITLE VIII—HOUSING ASSIST-
ANCE FOR NATIVE HAWAI-
IANS
‘‘SEC. 801. DEFINITIONS.
‘‘In this title:
‘‘(1) DEPARTMENT OF HAWAIIAN HOME LANDS;
DEPARTMENT.—The term ‘Department of Hawaiian
Home Lands’ or ‘Department’ means the agency or
department of the government of the State of Ha-
waii that is responsible for the administration of the
Hawaiian Homes Commission Act, 1920 (42 Stat.
108 et seq.).
‘‘(2) DIRECTOR.—The term ‘Director’ means
the Director of the Department of Hawaiian Home
Lands.
‘‘(3) ELDERLY FAMILIES; NEAR-ELDERLY FAMI-
LIES.—
‘‘(A) IN
GENERAL.—The term ‘elderly
family’ or ‘near-elderly family’ means a family
whose head (or his or her spouse), or whose sole
member, is—
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‘‘(i) for an elderly family, an elderly
person; or
‘‘(ii) for a near-elderly family, a near-
elderly person.
‘‘(B) CERTAIN FAMILIES INCLUDED.—The
term ‘elderly family’ or ‘near-elderly family’
includes—
‘‘(i) 2 or more elderly persons or near-
elderly persons, as the case may be, living
together; and
‘‘(ii) 1 or more persons described in
clause (i) living with 1 or more persons de-
termined under the housing plan to be es-
sential to their care or well-being.
‘‘(4) HAWAIIAN HOME LANDS.—The term ‘Ha-
waiian Home Lands’ means lands that—
‘‘(A) have the status as Hawaiian home
lands under section 204 of the Hawaiian
Homes Commission Act (42 Stat. 110); or
‘‘(B) are acquired pursuant to that Act.
‘‘(5) HOUSING AREA.—The term ‘housing area’
means an area of Hawaiian Home Lands with re-
spect to which the Department of Hawaiian Home
Lands is authorized to provide assistance for afford-
able housing under this Act.
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‘‘(6) HOUSING ENTITY.—The term ‘housing en-
tity’ means the Department of Hawaiian Home
Lands.
‘‘(7) HOUSING PLAN.—The term ‘housing plan’
means a plan developed by the Department of Ha-
waiian Home Lands.
‘‘(8) MEDIAN INCOME.—The term ‘median in-
come’ means, with respect to an area that is a Ha-
waiian housing area, the greater of—
‘‘(A) the median income for the Hawaiian
housing area, which shall be determined by the
Secretary; or
‘‘(B) the median income for the State of
Hawaii.
‘‘(9) 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
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‘‘(iii) birth records of the State of Ha-
waii.
‘‘SEC. 802. BLOCK GRANTS FOR AFFORDABLE HOUSING
ACTIVITIES.
‘‘(a) GRANT AUTHORITY.—For each fiscal year, the
Secretary shall (to the extent amounts are made available
to carry out this title) make a grant under this title to
the Department of Hawaiian Home Lands to carry out
affordable housing activities for Native Hawaiian families
who are eligible to reside on the Hawaiian Home Lands.
‘‘(b) PLAN REQUIREMENT.—
‘‘(1) IN GENERAL.—The Secretary may make a
grant under this title to the Department of Hawai-
ian Home Lands for a fiscal year only if—
‘‘(A) the Director has submitted to the
Secretary a housing plan for that fiscal year;
and
‘‘(B) the Secretary has determined under
section 804 that the housing plan complies with
the requirements of section 803.
‘‘(2) WAIVER.—The Secretary may waive the
applicability of the requirements under paragraph
(1), in part, if the Secretary finds that the Depart-
ment of Hawaiian Home Lands has not complied or
cannot comply with those requirements due to cir-
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‘‘(e) PUBLIC-PRIVATE PARTNERSHIPS.—The Direc-
tor shall make all reasonable efforts, consistent with the
purposes of this title, to maximize participation by the pri-
vate sector, including nonprofit organizations and for-
profit entities, in implementing a housing plan that has
been approved by the Secretary under section 803.
‘‘SEC. 803. HOUSING PLAN.
‘‘(a) PLAN SUBMISSION.—The Secretary shall—
‘‘(1) require the Director to submit a housing
plan under this section for each fiscal year; and
‘‘(2) provide for the review of each plan sub-
mitted under paragraph (1).
‘‘(b) 5-YEAR PLAN.—Each housing plan under this
section shall—
‘‘(1) be in a form prescribed by the Secretary;
and
‘‘(2) contain, with respect to the 5-year period
beginning with the fiscal year for which the plan is
submitted, the following information:
‘‘(A) MISSION
STATEMENT.—A general
statement of the mission of the Department of
Hawaiian Home Lands to serve the needs of
the low-income families to be served by the De-
partment.
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‘‘(B) GOAL
AND
OBJECTIVES.—A state-
ment of the goals and objectives of the Depart-
ment of Hawaiian Home Lands to enable the
Department to serve the needs identified in
subparagraph (A) during the period.
‘‘(C) ACTIVITIES PLANS.—An overview of
the activities planned during the period includ-
ing an analysis of the manner in which the ac-
tivities will enable the Department to meet its
mission, goals, and objectives.
‘‘(c) 1-YEAR PLAN.—A housing plan under this sec-
tion shall—
‘‘(1) be in a form prescribed by the Secretary;
and
‘‘(2) contain the following information relating
to the fiscal year for which the assistance under this
title is to be made available:
‘‘(A) GOALS AND OBJECTIVES.—A state-
ment of the goals and objectives to be accom-
plished during the period covered by the plan.
‘‘(B) STATEMENT
OF
NEEDS.—A state-
ment of the housing needs of the low-income
families served by the Department and the
means by which those needs will be addressed
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during the period covered by the plan,
including—
‘‘(i) a description of the estimated
housing needs and the need for assistance
for the low-income families to be served by
the Department, including a description of
the manner in which the geographical dis-
tribution of assistance is consistent with—
‘‘(I) the geographical needs of
those families; and
‘‘(II) needs for various categories
of housing assistance; and
‘‘(ii) a description of the estimated
housing needs for all families to be served
by the Department.
‘‘(C) FINANCIAL
RESOURCES.—An oper-
ating budget for the Department of Hawaiian
Home Lands, in a form prescribed by the Sec-
retary, that includes—
‘‘(i) an identification and a descrip-
tion of the financial resources reasonably
available to the Department to carry out
the purposes of this title, including an ex-
planation of the manner in which amounts
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made available will be used to leverage ad-
ditional resources; and
‘‘(ii) the uses to which the resources
described in clause (i) will be committed,
including—
‘‘(I) eligible and required afford-
able housing activities; and
‘‘(II) administrative expenses.
‘‘(D) 
AFFORDABLE
HOUSING
RE-
SOURCES.—A statement of the affordable hous-
ing resources currently available at the time of
the submittal of the plan and to be made avail-
able during the period covered by the plan,
including—
‘‘(i) a description of the significant
characteristics of the housing market in
the State of Hawaii, including the avail-
ability of housing from other public
sources, private market housing;
‘‘(ii) the manner in which the charac-
teristics referred to in clause (i) influence
the decision of the Department of Hawai-
ian Home Lands to use grant amounts to
be provided under this title for—
‘‘(I) rental assistance;
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‘‘(II) the production of new units;
‘‘(III) the acquisition of existing
units; or
‘‘(IV) the rehabilitation of units;
‘‘(iii) a description of the structure,
coordination, and means of cooperation be-
tween the Department of Hawaiian Home
Lands and any other governmental entities
in the development, submission, or imple-
mentation of housing plans, including a de-
scription of—
‘‘(I) the involvement of private,
public, and nonprofit organizations
and institutions;
‘‘(II) the use of loan guarantees
under section 184A of the Housing
and Community Development Act of
1992; and
‘‘(III) other housing assistance
provided by the United States, includ-
ing loans, grants, and mortgage insur-
ance;
‘‘(iv) a description of the manner in
which the plan will address the needs iden-
tified pursuant to subparagraph (C);
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‘‘(v) a description of—
‘‘(I) any existing or anticipated
homeownership programs and rental
programs to be carried out during the
period covered by the plan; and
‘‘(II) the requirements and as-
sistance available under the programs
referred to in subclause (I);
‘‘(vi) a description of—
‘‘(I) any existing or anticipated
housing rehabilitation programs nec-
essary to ensure the long-term viabil-
ity of the housing to be carried out
during the period covered by the plan;
and
‘‘(II) the requirements and as-
sistance available under the programs
referred to in subclause (I);
‘‘(vii) a description of—
‘‘(I) all other existing or antici-
pated housing assistance provided by
the Department of Hawaiian Home
Lands during the period covered by
the plan, including—
‘‘(aa) transitional housing;
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‘‘(bb) homeless housing;
‘‘(cc) college housing; and
‘‘(dd) 
supportive 
services
housing; and
‘‘(II) the requirements and as-
sistance available under such pro-
grams;
‘‘(viii)(I) a description of any housing
to be demolished or disposed of;
‘‘(II) a timetable for that demolition
or disposition; and
‘‘(III) any other information required
by the Secretary with respect to that dem-
olition or disposition;
‘‘(ix) a description of the manner in
which the Department of Hawaiian Home
Lands will coordinate with welfare agencies
in the State of Hawaii to ensure that resi-
dents of the affordable housing will be pro-
vided with access to resources to assist in
obtaining employment and achieving self-
sufficiency;
‘‘(x) a description of the requirements
established by the Department of Hawai-
ian Home Lands to—
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‘‘(I) promote the safety of resi-
dents of the affordable housing;
‘‘(II) facilitate the undertaking of
crime prevention measures;
‘‘(III) allow resident input and
involvement, including the establish-
ment of resident organizations; and
‘‘(IV) allow for the coordination
of crime prevention activities between
the Department and local law enforce-
ment officials; and
‘‘(xi) a description of the entities that
will carry out the activities under the plan,
including the organizational capacity and
key personnel of the entities.
‘‘(E) CERTIFICATION
OF
COMPLIANCE.—
Evidence of compliance that shall include, as
appropriate—
‘‘(i) a certification that the Depart-
ment of Hawaiian Home Lands will com-
ply with—
‘‘(I) title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d et seq.)
or with title VIII of the Act popularly
known as the ‘Civil Rights Act of
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1968’ (42 U.S.C. 3601 et seq.) in car-
rying out this title, to the extent that
such title is applicable; and
‘‘(II) other applicable Federal
statutes;
‘‘(ii) a certification that the Depart-
ment will require adequate insurance cov-
erage for housing units that are owned and
operated or assisted with grant amounts
provided under this title, in compliance
with such requirements as may be estab-
lished by the Secretary;
‘‘(iii) a certification that policies are
in effect and are available for review by the
Secretary and the public governing the eli-
gibility, admission, and occupancy of fami-
lies for housing assisted with grant
amounts provided under this title;
‘‘(iv) a certification that policies are
in effect and are available for review by the
Secretary and the public governing rents
charged, including the methods by which
such rents or homebuyer payments are de-
termined, for housing assisted with grant
amounts provided under this title; and
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‘‘(v) a certification that policies are in
effect and are available for review by the
Secretary and the public governing the
management and maintenance of housing
assisted with grant amounts provided
under this title.
‘‘(d) APPLICABILITY OF CIVIL RIGHTS STATUTES.—
‘‘(1) IN GENERAL.—To the extent that the re-
quirements 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. 3601 et seq.) apply to assistance
provided under this title, nothing in the require-
ments concerning discrimination on the basis of race
shall be construed to prevent the provision of assist-
ance under this title—
‘‘(A) to the Department of Hawaiian
Home Lands on the basis that the Department
served Native Hawaiians; or
‘‘(B) to an eligible family on the basis that
the family is a Native Hawaiian family.
‘‘(2) CIVIL RIGHTS.—Program eligibility under
this title may be restricted to Native Hawaiians.
Subject to the preceding sentence, no person may be
discriminated against on the basis of race, color, na-
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tional origin, religion, sex, familial status, or dis-
ability.
‘‘(e) USE OF NONPROFIT ORGANIZATIONS.—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 organizations ex-
perienced in the planning and development of affordable
housing for Native Hawaiians to carry out affordable
housing activities with those grant amounts.
‘‘SEC. 804. REVIEW OF PLANS.
‘‘(a) REVIEW AND NOTICE.—
‘‘(1) REVIEW.—
‘‘(A) IN
GENERAL.—The Secretary shall
conduct a review of a housing plan submitted to
the Secretary under section 803 to ensure that
the plan complies with the requirements of that
section.
‘‘(B) LIMITATION.—The Secretary shall
have the discretion to review a plan referred to
in subparagraph (A) only to the extent that the
Secretary considers that the review is necessary.
‘‘(2) NOTICE.—
‘‘(A) IN
GENERAL.—Not later than 60
days after receiving a plan under section 803,
the Secretary shall notify the Director of the
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Department of Hawaiian Home Lands whether
the plan complies with the requirements under
that section.
‘‘(B) EFFECT OF FAILURE OF SECRETARY
TO TAKE ACTION.—For purposes of this title, if
the Secretary does not notify the Director, as
required under this subsection and subsection
(b), upon the expiration of the 60-day period
described in subparagraph (A)—
‘‘(i) the plan shall be considered to
have been determined to comply with the
requirements under section 803; and
‘‘(ii) the Director shall be considered
to have been notified of compliance.
‘‘(b) NOTICE OF REASONS FOR DETERMINATION OF
NONCOMPLIANCE.—If the Secretary determines that a
plan submitted under section 803 does not comply with
the requirements of that section, the Secretary shall speci-
fy in the notice under subsection (a)—
‘‘(1) the reasons for noncompliance; and
‘‘(2) any modifications necessary for the plan to
meet the requirements of section 803.
‘‘(c) REVIEW.—
‘‘(1) IN GENERAL.—After the Director submits
a housing plan under section 803, or any amend-
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ment or modification to the plan to the Secretary,
to the extent that the Secretary considers such ac-
tion to be necessary to make a determination under
this subsection, the Secretary shall review the plan
(including any amendments or modifications thereto)
to determine whether the contents of the plan—
‘‘(A) set forth the information required by
section 803 to be contained in the housing plan;
‘‘(B) are consistent with information and
data available to the Secretary; and
‘‘(C) are not prohibited by or inconsistent
with any provision of this Act or any other ap-
plicable law.
‘‘(2) INCOMPLETE PLANS.—If the Secretary de-
termines under this subsection that any of the ap-
propriate 
certifications 
required 
under 
section
803(c)(2)(E) are not included in a plan, the plan
shall be considered to be incomplete.
‘‘(d) UPDATES TO PLAN.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
after a plan under section 803 has been submitted
for a fiscal year, the Director of the Department of
Hawaiian Home Lands may comply with the provi-
sions of that section for any succeeding fiscal year
(with respect to information included for the 5-year
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period under section 803(b) or for the 1-year period
under section 803(c)) by submitting only such infor-
mation regarding such changes as may be necessary
to update the plan previously submitted.
‘‘(2) COMPLETE
PLANS.—The Director shall
submit a complete plan under section 803 not later
than 4 years after submitting an initial plan under
that section, and not less frequently than every 4
years thereafter.
‘‘(e) EFFECTIVE DATE.—This section and section
803 shall take effect on the date provided by the Secretary
pursuant to section 807(a) to provide for timely submis-
sion and review of the housing plan as necessary for the
provision of assistance under this title for fiscal year 2000.
‘‘SEC. 805. TREATMENT OF PROGRAM INCOME AND LABOR
STANDARDS.
‘‘(a) PROGRAM INCOME.—
‘‘(1) AUTHORITY TO RETAIN.—The Department
of Hawaiian Home Lands may retain any program
income that is realized from any grant amounts re-
ceived by the Department under this title if—
‘‘(A) that income was realized after the ini-
tial disbursement of the grant amounts received
by the Department; and
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‘‘(B) the Director agrees to use the pro-
gram income for affordable housing activities in
accordance with the provisions of this title.
‘‘(2) PROHIBITION OF REDUCTION OF GRANT.—
The Secretary may not reduce the grant amount for
the Department of Hawaiian Home Lands based
solely on—
‘‘(A) whether the Department retains pro-
gram income under paragraph (1); or
‘‘(B) the amount of any such program in-
come retained.
‘‘(3) EXCLUSION OF AMOUNTS.—The Secretary
may, by regulation, exclude from consideration as
program income any amounts determined to be so
small that compliance with the requirements of this
subsection would create an unreasonable administra-
tive burden on the Department.
‘‘(b) LABOR STANDARDS.—
‘‘(1) IN GENERAL.—Any contract or agreement
for assistance, sale, or lease pursuant to this title
shall contain—
‘‘(A) a provision requiring that an amount
not less than the wages prevailing in the local-
ity, as determined or adopted (subsequent to a
determination under applicable State or local
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law) by the Secretary, shall be paid to all archi-
tects, technical engineers, draftsmen, techni-
cians employed in the development and all
maintenance, and laborers and mechanics em-
ployed in the operation, of the affordable hous-
ing project involved; and
‘‘(B) a provision that an amount not less
than the wages prevailing in the locality, as pre-
determined by the Secretary of Labor pursuant
to the Act commonly known as the ‘Davis-
Bacon Act’ (46 Stat. 1494, chapter 411; 40
U.S.C. 276a et seq.) shall be paid to all labor-
ers and mechanics employed in the development
of the affordable housing involved.
‘‘(2) EXCEPTIONS.—Paragraph (1) and provi-
sions relating to wages required under paragraph (1)
in any contract or agreement for assistance, sale, or
lease under this title, shall not apply to any indi-
vidual who performs the services for which the indi-
vidual volunteered and who is not otherwise em-
ployed at any time in the construction work and re-
ceived no compensation or is paid expenses, reason-
able benefits, or a nominal fee for those services.
‘‘SEC. 806. ENVIRONMENTAL REVIEW.
‘‘(a) IN GENERAL.—
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‘‘(1) RELEASE OF FUNDS.—
‘‘(A) IN
GENERAL.—The Secretary may
carry out the alternative environmental protec-
tion procedures described in subparagraph (B)
in order to ensure—
‘‘(i) that the policies of the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and other provisions
of law that further the purposes of such
Act (as specified in regulations issued by
the Secretary) are most effectively imple-
mented in connection with the expenditure
of grant amounts provided under this title;
and
‘‘(ii) to the public undiminished pro-
tection of the environment.
‘‘(B) ALTERNATIVE ENVIRONMENTAL PRO-
TECTION PROCEDURE.—In lieu of applying en-
vironmental protection procedures otherwise ap-
plicable, the Secretary may by regulation pro-
vide for the release of funds for specific projects
to the Department of Hawaiian Home Lands if
the Director assumes all of the responsibilities
for environmental review, decisionmaking, and
action under the National Environmental Policy
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Act of 1969 (42 U.S.C. 4321 et seq.), and such
other provisions of law as the regulations of the
Secretary specify, that would apply to the Sec-
retary were the Secretary to undertake those
projects as Federal projects.
‘‘(2) REGULATIONS.—
‘‘(A) IN
GENERAL.—The Secretary shall
issue regulations to carry out this section only
after consultation with the Council on Environ-
mental Quality.
‘‘(B) CONTENTS.—The regulations issued
under this paragraph shall—
‘‘(i) provide for the monitoring of the
environmental reviews performed under
this section;
‘‘(ii) in the discretion of the Secretary,
facilitate training for the performance of
such reviews; and
‘‘(iii) provide for the suspension or
termination of the assumption of respon-
sibilities under this section.
‘‘(3) EFFECT ON ASSUMED RESPONSIBILITY.—
The duty of the Secretary under paragraph (2)(B)
shall not be construed to limit or reduce any respon-
sibility assumed by the Department of Hawaiian
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Home Lands for grant amounts with respect to any
specific release of funds.
‘‘(b) PROCEDURE.—
‘‘(1) IN GENERAL.—The Secretary shall author-
ize the release of funds subject to the procedures
under this section only if, not less than 15 days be-
fore that approval and before any commitment of
funds to such projects, the Director of the Depart-
ment of Hawaiian Home Lands submits to the Sec-
retary a request for such release accompanied by a
certification that meets the requirements of sub-
section (c).
‘‘(2) EFFECT OF APPROVAL.—The approval of
the Secretary of a certification described in para-
graph (1) shall be deemed to satisfy the responsibil-
ities of the Secretary under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
and such other provisions of law as the regulations
of the Secretary specify to the extent that those re-
sponsibilities relate to the releases of funds for
projects that are covered by that certification.
‘‘(c) CERTIFICATION.—A certification under the pro-
cedures under this section shall—
‘‘(1) be in a form acceptable to the Secretary;
‘‘(2) be executed by the Director;
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‘‘(3) specify that the Department of Hawaiian
Home Lands has fully carried out its responsibilities
as described under subsection (a); and
‘‘(4) specify that the Director—
‘‘(A) consents to assume the status of a re-
sponsible Federal official under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and each provision of law speci-
fied in regulations issued by the Secretary to
the extent that those laws apply by reason of
subsection (a); and
‘‘(B) is authorized and consents on behalf
of the Department of Hawaiian Home Lands
and the Director to accept the jurisdiction of
the Federal courts for the purpose of enforce-
ment of the responsibilities of the Director.
‘‘SEC. 807. REGULATIONS.
‘‘The Secretary shall issue final regulations necessary
to carry out this title not later than October 1, 2000.
‘‘SEC. 808. EFFECTIVE DATE.
‘‘Except as otherwise expressly provided in this title,
this title shall take effect on the date of enactment of the
Native American Housing Assistance and Self-Determina-
tion Amendments of 2000.
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‘‘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.
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‘‘(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
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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-
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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
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‘‘(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;
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‘‘(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-
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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.—
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‘‘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—
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‘‘(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;
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‘‘(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
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‘‘(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.
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‘‘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
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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
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‘‘(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.—
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‘‘(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
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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.
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‘‘(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
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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.—
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‘‘(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
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‘‘(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
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‘‘(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.
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‘‘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.
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‘‘(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-
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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).
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‘‘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.
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‘‘(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.
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‘‘(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.—
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‘‘(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
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(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.).
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‘‘(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
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‘‘(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.—
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‘‘(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.—
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‘‘(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-
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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)
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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
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‘‘(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-
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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
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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
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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-
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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;
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‘‘(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;
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‘‘(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
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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
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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;
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‘‘(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
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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.
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(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
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(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
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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.,
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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.—
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(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-
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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-
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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);
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(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.
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(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.
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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
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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:
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(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.
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(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.
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(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
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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
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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
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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
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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
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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—
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(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
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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
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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.
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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.
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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’’.
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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-
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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.
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(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
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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
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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.
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(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
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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
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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 recog-
nized tribe; or
(2) has been placed in trust or restricted status
with the consent of the federally recognized tribe
within whose jurisdiction 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 juris-
diction of any Indian tribe that is federally recognized on
the day before the date of 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 restrictions shall continue in force and ef-
fect.
SEC. 710. TREATIES NOT AFFECTED.
No provision of this title shall be construed to con-
stitute an amendment, modification, or interpretation of
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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
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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.
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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.
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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
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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:
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‘‘(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,’’.
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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
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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
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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;
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(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),
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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’’.
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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,