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Section 22:
SE1⁄4 SE1⁄4, 40 acres,
Section 25:
SE1⁄4 NW1⁄4, 40 acres,
Section 26:
SW1⁄4 SE1⁄4, 40 acres,
Section 27:
SE1⁄4 NW1⁄4, 40 acres,
Section 28:
NE1⁄4 SW1⁄4, 40 acres,
Section 32:
SE1⁄4 SE1⁄4, 40 acres,
Section 34:
SE1⁄4 NW1⁄4, 40 acres,
Township 44 North, Range 14 East,
Section 31:
S1⁄2 SW1⁄4, 80 acres.
(2) FORT INDEPENDENCE COMMUNITY OF PAI-
UTE INDIANS.—Lands to be held in trust for the
Fort Independence Community of Paiute Indians are
comprised of approximately 200.06 acres described
as follows:
Mount Diablo Base and Meridian
Township 13 South, Range 34 East
Section 1:
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W1⁄2 of Lot 5 in the NE±1⁄4, Lot 3, E1⁄2 of Lot
4, and E1⁄2 of Lot 5 in the NW1⁄4.
(3) BARONA GROUP OF CAPITAN GRANDE BAND
OF MISSION INDIANS.—Lands to be held in trust for
the Barona Group of Capitan Grande Band of Mis-
sion Indians are comprised of approximately 5.03
acres described as follows:
San Bernardino Base and Meridian
Township 14 South, Range 2 East
Section 7, Lot 15.
(4) CUYAPAIPE BAND OF MISSION INDIANS.—
Lands to be held in trust for the Cuyapaipe Band
of Mission Indians are comprised of approximately
1,360 acres described as follows:
San Bernardino Base and Meridian
Township 15 South, Range 6 East
Section 21:
All of this section.
Section 31:
NE1⁄4, N1⁄2SE1⁄4, SE1⁄4SE1⁄4.
Section 32:
W1⁄2SW1⁄4, NE1⁄4SW1⁄4, NW1⁄4SE1⁄4.
Section 33:
SE1⁄4, SW1⁄4SW1⁄4, E1⁄2SW1⁄4.
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(5) MANZANITA BAND OF MISSION INDIANS.—
Lands to be held in trust for the Manzanita Band
of Mission Indians are comprised of approximately
1,000.78 acres described as follows:
San Bernardino Base and Meridian
Township 16 South, Range 6 East
Section 21:
Lots 1, 2, 3, and 4, S1⁄2.
Section 25:
Lots 2 and 5.
Section 28:
Lots, 1, 2, 3, and 4, N1⁄2SE1⁄4.
(6) MORONGO
BAND
OF
MISSION
INDIANS.—
Lands to be held in trust for the Morongo Band of
Mission Indians are comprised of approximately 40
acres described as follows:
San Bernardino Base and Meridian
Township 3 South, Range 2 East
Section 20:
NW1⁄4 of NE1⁄4.
(7) PALA BAND OF MISSION INDIANS.—Lands
to be held in trust for the Pala Band of Mission In-
dians are comprised of approximately 59.20 acres
described as follows:
San Bernardino Base and Meridian
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Township 9 South, Range 2 West
Section 13, Lot 1, and Section 14, Lots 1, 2, 3.
(8) FORT BIDWELL COMMUNITY OF PAIUTE IN-
DIANS.—Lands to be held in trust for the Fort
Bidwell Community of Paiute Indians are comprised
of approximately 299.04 acres described as follows:
Mount Diablo Base and Meridian
Township 46 North, Range 16 East
Section 8:
SW1⁄4SW1⁄4.
Section 19:
Lots 5, 6, 7.
S1⁄2NE1⁄4, SE1⁄4NW1⁄4, NE1⁄4SE1⁄4.
Section 20:
Lot 1.
SEC. 903. MISCELLANEOUS PROVISIONS.
(a) PROCEEDS
FROM
RENTS
AND
ROYALTIES
TRANSFERRED TO INDIANS.—Amounts which accrue to
the United States after the date of the enactment of this
Act from sales, bonuses, royalties, and rentals relating to
any land described in section 902 shall be available for
use or obligation, in such manner and for such purposes
as the Secretary may approve, by the tribe, band, or group
of Indians for whose benefit such land is taken into trust.
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(b) NOTICE OF CANCELLATION OF GRAZING PREF-
ERENCES.—Grazing preferences on lands described in sec-
tion 902 shall terminate 2 years after the date of the en-
actment of this Act.
(c) LAWS GOVERNING LANDS TO BE HELD
IN
TRUST.—
(1) IN GENERAL.—Any lands which are to be
held in trust for the benefit of any tribe, band, or
group of Indians pursuant to this Act shall be added
to the existing reservation of the tribe, band, or
group, and the official boundaries of the reservation
shall be modified accordingly.
(2) APPLICABILITY OF LAWS OF THE UNITED
STATES.—The lands referred to in paragraph (1)
shall be subject to the laws of the United States re-
lating to Indian land in the same manner and to the
same extent as other lands held in trust for such
tribe, band, or group on the day before the date of
enactment of this Act.
TITLE X—NATIVE AMERICAN
HOMEOWNERSHIP
SEC. 1001. LANDS TITLE REPORT COMMISSION.
(a) ESTABLISHMENT.—Subject to sums being pro-
vided in advance in appropriations Acts, there is estab-
lished a Commission to be known as the Lands Title Re-
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port Commission (hereafter in this section referred to as
the ‘‘Commission’’) to facilitate home loan mortgages on
Indian trust lands. The Commission will be subject to
oversight by the Committee on Banking and Financial
Services of the House of Representatives and the Com-
mittee on Banking, Housing, and Urban Affairs of the
Senate.
(b) MEMBERSHIP.—
(1) APPOINTMENT.—The Commission shall be
composed of 12 members, appointed not later than
90 days after the date of the enactment of this Act
as follows:
(A) Four members shall be appointed by
the President.
(B) Four members shall be appointed by
the chairperson of the Committee on Banking
and Financial Services of the House of Rep-
resentatives.
(C) Four members shall be appointed by
the chairperson of the Committee on Banking,
Housing, and Urban Affairs of the Senate.
(2) QUALIFICATIONS.—
(A) MEMBERS OF TRIBES.—At all times,
not less than 8 of the members of the Commis-
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sion shall be members of federally recognized
Indian tribes.
(B) EXPERIENCE
IN
LAND
TITLE
MAT-
TERS.—All members of the Commission shall
have experience in and knowledge of land title
matters relating to Indian trust lands.
(3) CHAIRPERSON.—The Chairperson of the
Commission shall be one of the members of the
Commission appointed under paragraph (1)(C), as
elected by the members of the Commission.
(4) VACANCIES.—Any vacancy on the Commis-
sion shall not affect its powers, but shall be filled in
the manner in which the original appointment was
made.
(5) TRAVEL EXPENSES.—Members of the Com-
mission shall serve without pay, but each member
shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702
and 5703 of title 5, United States Code.
(c) INITIAL MEETING.—The Chairperson of the Com-
mission shall call the initial meeting of the Commission.
Such meeting shall be held within 30 days after the Chair-
person of the Commission determines that sums sufficient
for the Commission to carry out its duties under this Act
have been appropriated for such purpose.
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(d) DUTIES.—The Commission shall analyze the sys-
tem of the Bureau of Indian Affairs of the Department
of the Interior for maintaining land ownership records and
title documents and issuing certified title status reports
relating to Indian trust lands and, pursuant to such anal-
ysis, determine how best to improve or replace the
system—
(1) to ensure prompt and accurate responses to
requests for title status reports;
(2) to eliminate any backlog of requests for title
status reports; and
(3) to ensure that the administration of the sys-
tem will not in any way impair or restrict the ability
of Native Americans to obtain conventional loans for
purchase of residences located on Indian trust lands,
including any actions necessary to ensure that the
system will promptly be able to meet future demands
for certified title status reports, taking into account
the anticipated complexity and volume of such re-
quests.
(e) REPORT.—Not later than the date of the termi-
nation of the Commission under subsection (h), the Com-
mission shall submit a report to the Committee on Bank-
ing and Financial Services of the House of Representa-
tives and the Committee on Banking, Housing, and Urban
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Affairs of the Senate describing the analysis and deter-
minations made pursuant to subsection (d).
(f) POWERS.—
(1) HEARINGS AND SESSIONS.—The Commis-
sion may, for the purpose of carrying out this sec-
tion, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commis-
sion considers appropriate.
(2) STAFF OF FEDERAL AGENCIES.—Upon re-
quest of the Commission, the head of any Federal
department or agency may detail, on a reimbursable
basis, any of the personnel of that department or
agency to the Commission to assist it in carrying out
its duties under this section.
(3) OBTAINING OFFICIAL DATA.—The Commis-
sion may secure directly from any department or
agency of the United States information necessary
to enable it to carry out this section. Upon request
of the Chairperson of the Commission, the head of
that department or agency shall furnish that infor-
mation to the Commission.
(4) MAILS.—The Commission may use the
United States mails in the same manner and under
the same conditions as other departments and agen-
cies of the United States.
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(5) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Commission, the Adminis-
trator of General Services shall provide to the Com-
mission, on a reimbursable basis, the administrative
support services necessary for the Commission to
carry out its duties under this section.
(6) STAFF.—The Commission may appoint per-
sonnel as it considers appropriate, subject to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and shall
pay such personnel in accordance with the provisions
of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General
Schedule pay rates.
(g) AUTHORIZATION OF APPROPRIATIONS.—To carry
out this section, there is authorized to be appropriated
$500,000. Such sums shall remain available until ex-
pended.
(h) TERMINATION.—The Commission shall terminate
1 year after the date of the initial meeting of the Commis-
sion.
SEC. 1002. LOAN GUARANTEES.
Section 184(i) of the Housing and Community Devel-
opment Act of 1992 (12 U.S.C. 1715z–13a(i)) is
amended—
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(1) in paragraph (5), by striking subparagraph
(C) and inserting the following new subparagraph:
‘‘(C) LIMITATION
ON
OUTSTANDING
AG-
GREGATE PRINCIPAL AMOUNT.—Subject to the
limitations in subparagraphs (A) and (B), the
Secretary may enter into commitments to guar-
antee loans under this section in each fiscal
year with an aggregate outstanding principal
amount not exceeding such amount as may be
provided in appropriation Acts for such fiscal
year.’’; and
(2) in paragraph (7), by striking ‘‘each of fiscal
years 1997, 1998, 1999, 2000, and 2001’’ and in-
serting ‘‘each fiscal year’’.
SEC. 1003. NATIVE AMERICAN HOUSING ASSISTANCE.
(a) RESTRICTION ON WAIVER AUTHORITY.—
(1) IN GENERAL.—Section 101(b)(2) of the Na-
tive American Housing Assistance and Self-Deter-
mination Act of 1996 (25 U.S.C. 4111(b)(2)) is
amended by striking ‘‘if the Secretary’’ and all that
follows through the period at the end and inserting
the following: ‘‘for a period of not more than 90
days, if the Secretary determines that an Indian
tribe has not complied with, or is unable to comply
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with, those requirements due to exigent cir-
cumstances beyond the control of the Indian tribe.’’.
(2) LOCAL
COOPERATION
AGREEMENT.—Sec-
tion 101(c) of the Native American Housing Assist-
ance and Self-Determination Act of 1996 (25 U.S.C.
4111(c)) is amended by adding at the end the fol-
lowing: ‘‘The Secretary may waive the requirements
of this subsection and subsection (d) if the recipient
has made a good faith effort to fulfill the require-
ments of this subsection and subsection (d) and
agrees to make payments in lieu of taxes to the ap-
propriate taxing authority in an amount consistent
with the requirements of subsection (d)(2) until such
time as the matter of making such payments has
been resolved in accordance with subsection (d).’’.
(b) ASSISTANCE TO FAMILIES THAT ARE NOT LOW-
INCOME.—Section 102(c) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4112(c)) is amended by adding at the end the following:
‘‘(6) CERTAIN FAMILIES.—With respect to as-
sistance provided under section 201(b)(2) by a re-
cipient to Indian families that are not low-income
families, evidence that there is a need for housing
for each such family during that period that cannot
reasonably be met without such assistance.’’.
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(c) ELIMINATION
OF
WAIVER
AUTHORITY
FOR
SMALL TRIBES.—Section 102 of the Native American
Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4112) is amended—
(1) by striking subsection (f); and
(2) by redesignating subsection (g) as sub-
section (f).
(d) ENVIRONMENTAL COMPLIANCE.—Section 105 of
the Native American Housing Assistance and Self-Deter-
mination Act of 1996 (25 U.S.C. 4115) is amended by
adding at the end the following:
‘‘(d) ENVIRONMENTAL COMPLIANCE.—The Secretary
may waive the requirements under this section if the Sec-
retary determines that a failure on the part of a recipient
to comply with provisions of this section—
‘‘(1) will not frustrate the goals of the National
Environmental Policy Act of 1969 (42 U.S.C. 4331
et seq.) or any other provision of law that furthers
the goals of that Act;
‘‘(2) does not threaten the health or safety of
the community involved by posing an immediate or
long-term hazard to residents of that community;
‘‘(3) is a result of inadvertent error, including
an incorrect or incomplete certification provided
under subsection (c)(1); and
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‘‘(4) may be corrected through the sole action
of the recipient.’’.
(e) ELIGIBILITY OF LAW ENFORCEMENT OFFICERS
FOR HOUSING ASSISTANCE.—Section 201(b) of the Na-
tive American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4131(b)) is amended—
(1) in paragraph (1), by striking ‘‘paragraph
(2)’’ and inserting ‘‘paragraphs (2) and (4)’’;
(2) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(3) by inserting after paragraph (3) the fol-
lowing new paragraph:
‘‘(4) LAW ENFORCEMENT OFFICERS.—A recipi-
ent may provide housing or housing assistance pro-
vided through affordable housing activities assisted
with grant amounts under this Act for a law en-
forcement officer on an Indian reservation or other
Indian area, if—
‘‘(A) the officer—
‘‘(i) is employed on a full-time basis
by the Federal Government or a State,
county, or lawfully recognized tribal gov-
ernment; and
‘‘(ii) in implementing such full-time
employment, is sworn to uphold, and make
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arrests for, violations of Federal, State,
county, or tribal law; and
‘‘(B) the recipient determines that the
presence of the law enforcement officer on the
Indian reservation or other Indian area may
deter crime.’’.
(f) OVERSIGHT.—
(1) REPAYMENT.—Section 209 of the Native
American Housing Assistance and Self-Determina-
tion Act of 1996 (25 U.S.C. 4139) is amended to
read as follows:
‘‘SEC. 209. NONCOMPLIANCE WITH AFFORDABLE HOUSING
REQUIREMENT.
‘‘If a recipient uses grant amounts to provide afford-
able housing under this title, and at any time during the
useful life of the housing the recipient does not comply
with the requirement under section 205(a)(2), the Sec-
retary shall take appropriate action under section
401(a).’’.
(2) AUDITS AND REVIEWS.—Section 405 of the
Native American Housing Assistance and Self-De-
termination Act of 1996 (25 U.S.C. 4165) is amend-
ed to read as follows:
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‘‘SEC. 405. REVIEW AND AUDIT BY SECRETARY.
‘‘(a) REQUIREMENTS UNDER CHAPTER 75 OF TITLE
31, UNITED STATES CODE.—An entity designated by an
Indian tribe as a housing entity shall be treated, for pur-
poses of chapter 75 of title 31, United States Code, as
a non-Federal entity that is subject to the audit require-
ments that apply to non-Federal entities under that chap-
ter.
‘‘(b) ADDITIONAL REVIEWS AND AUDITS.—
‘‘(1) IN GENERAL.—In addition to any audit or
review under subsection (a), to the extent the Sec-
retary determines such action to be appropriate, the
Secretary may conduct an audit or review of a re-
cipient in order to—
‘‘(A) determine whether the recipient—
‘‘(i) has carried out—
‘‘(I) eligible activities in a timely
manner; and
‘‘(II) eligible activities and cer-
tification in accordance with this Act
and other applicable law;
‘‘(ii) has a continuing capacity to
carry out eligible activities in a timely
manner; and
‘‘(iii) is in compliance with the Indian
housing plan of the recipient; and
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‘‘(B) verify the accuracy of information
contained in any performance report submitted
by the recipient under section 404.
‘‘(2) ON-SITE
VISITS.—To the extent prac-
ticable, the reviews and audits conducted under this
subsection shall include on-site visits by the appro-
priate official of the Department of Housing and
Urban Development.
‘‘(c) REVIEW OF REPORTS.—
‘‘(1) IN GENERAL.—The Secretary shall provide
each recipient that is the subject of a report made
by the Secretary under this section notice that the
recipient may review and comment on the report
during a period of not less than 30 days after the
date on which notice is issued under this paragraph.
‘‘(2) PUBLIC AVAILABILITY.—After taking into
consideration any comments of the recipient under
paragraph (1), the Secretary—
‘‘(A) may revise the report; and
‘‘(B) not later than 30 days after the date
on which those comments are received, shall
make the comments and the report (with any
revisions made under subparagraph (A)) readily
available to the public.
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met the requirements that had to be met to be
listed on the Graton Indian Rancheria distribu-
tion list;
(C) such individual is identified as an In-
dian from the Graton, Marshall, Bodega,
Tomales, or Sebastopol, California, vicinities, in
documents prepared by or at the direction of
the Bureau of Indian Affairs, or in any other
public or California mission records; or
(D) such individual is a lineal descendant
of an individual, living or dead, identified in
subparagraph (A), (B), or (C).
(2) After adoption of a tribal constitution under
section 1408, such tribal constitution shall govern
membership in the Tribe.
(c) CONCLUSIVE PROOF OF GRATON INDIAN ANCES-
TRY.—For the purpose of subsection (b), the Secretary
shall accept any available evidence establishing Graton In-
dian ancestry. The Secretary shall accept as conclusive
evidence of Graton Indian ancestry information contained
in the census of the Indians from the Graton, Marshall,
Bodega, Tomales, or Sebastopol, California, vicinities, pre-
pared by or at the direction of Special Indian Agent John
J. Terrell in any other roll or census of Graton Indians
prepared by or at the direction of the Bureau of Indian