H. R. 5528—2
Sec. 604. Ratification of settlement agreement.
Sec. 605. Settlement funds.
Sec. 606. Trust land acquisition and status.
Sec. 607. Permanent flowage easements.
Sec. 608. Satisfaction of claims, waivers, and releases.
Sec. 609. Miscellaneous provisions.
Sec. 610. Authorization of appropriations.
Sec. 611. Effective date.
TITLE VII—SHAWNEE TRIBE STATUS
Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Definitions.
Sec. 704. Federal recognition, trust relationship, and program eligibility.
Sec. 705. Establishment of a tribal roll.
Sec. 706. Organization of the tribe; tribal constitution.
Sec. 707. Tribal land.
Sec. 708. Jurisdiction.
Sec. 709. Individual Indian land.
Sec. 710. Treaties not affected.
TITLE VIII—TECHNICAL CORRECTIONS
Sec. 801. Short title.
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.
Sec. 812. Technical corrections concerning the Five Civilized Tribes of Oklahoma.
Sec. 813. Waiver of repayment of expert assistance loans to the Red Lake Band of
Chippewa Indians and the Minnesota Chippewa Tribes.
Sec. 814. Technical amendment to the Indian Child Protection and Family Violence
Protection Act.
Sec. 815. Technical amendment to extend the authorization period under the In-
dian Health Care Improvement Act.
Sec. 816. Technical amendment to extend the authorization period under the In-
dian Alcohol and Substance Abuse Prevention and Treatment Act of
1986.
Sec. 817. Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation.
Sec. 818. Technical amendment regarding the treatment of certain income for pur-
poses of Federal assistance.
Sec. 819. Land to be taken into trust.
Subtitle B—Santa Fe Indian School
Sec. 821. Short title.
Sec. 822. Definitions.
Sec. 823. Transfer of certain lands for use as the Santa Fe Indian School.
Sec. 824. Land use.
TITLE IX—CALIFORNIA INDIAN LAND TRANSFER
Sec. 901. Short title.
Sec. 902. Lands held in trust for various tribes of California Indians.
Sec. 903. Miscellaneous provisions.
TITLE X—NATIVE AMERICAN HOMEOWNERSHIP
Sec. 1001. Lands Title Report Commission.
Sec. 1002. Loan guarantees.
Sec. 1003. Native American housing assistance.
TITLE XI—INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES
Sec. 1101. Short title.
Sec. 1102. Findings, purposes.
Sec. 1103. Amendments to the Indian Employment, Training and Related Services
Demonstration Act of 1992.
Sec. 1104. Report on expanding the opportunities for program integration.
TITLE XII—NAVAJO NATION TRUST LAND LEASING
Sec. 1201. Short title.
Sec. 1202. Congressional findings and declaration of purposes.
Sec. 1203. Lease of restricted lands for the Navajo Nation.
H. R. 5528—3
TITLE XIII—AMERICAN INDIAN EDUCATION FOUNDATION
Sec. 1301. Short title.
Sec. 1302. Establishment of American Indian Education Foundation.
TITLE XIV—GRATON RANCHERIA RESTORATION
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.
Sec. 1404. Restoration of Federal recognition, rights, and privileges.
Sec. 1405. Transfer of land to be held in trust.
Sec. 1406. Membership rolls.
Sec. 1407. Interim government.
Sec. 1408. Tribal constitution.
TITLE XV—CEMETERY SITES AND HISTORICAL PLACES
Sec. 1501. Findings; definitions.
Sec. 1502. Withdrawal of lands.
Sec. 1503. Application for conveyance of withdrawn lands.
Sec. 1504. Amendments.
Sec. 1505. Procedure for evaluating applications.
Sec. 1506. Applicability.
TITLE I—SALT RIVER PIMA-MARICOPA
INDIAN 
COMMUNITY 
IRRIGATION
WORKS
SEC. 101. FINDINGS.
The Congress finds and declares that—
(1) it is the policy of the United States, in fulfillment
of its trust responsibility to Indian tribes, to promote Indian
self-determination and economic self-sufficiency;
(2) the Salt River Pima-Maricopa Indian Community
(hereinafter referred to as the ‘‘Community’’) 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 com-
prised primarily of canals, ditches, irrigation wells, storage
reservoirs, and sump ponds located exclusively 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 management of the
irrigation works has been carried out by the Community as
indicated in paragraph (2), the conveyance of ownership of
such works to the Community 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, economic self-
sufficiency, and self-governance;
(B) enable the Community in its development 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.
H. R. 5528—4
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 Community any or all rights
and interests of the United States in and to the irrigation works
on the Community’s reservation which were formerly operated by
the Bureau of 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 regulations, during the
period between the date of the enactment of this Act and the
conveyance of the irrigation works by the United States to the
Community, the Community shall operate the irrigation works
under the provisions set forth in this title and in accordance with
the Indian 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 RESPONSIBILITIES.—To
assure compliance with the Federal trust responsibilities of the
United States to Indian tribes, individual Indians and Indians
with trust allotments, including such trust responsibilities con-
tained in Salt River Pima-Maricopa Indian Community Water
Rights Settlement Act of 1988 (Public Law 100–512), the Commu-
nity shall operate the irrigation works consistent with this title
and under uniform laws and regulations adopted by the Community
for the management, regulation, and control of water resources
on the reservation so as to assure fairness in the delivery of water
to water users. Such Community laws and regulations include
currently and shall continue to include provisions to maintain the
following requirements 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 Commu-
nity, 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 con-
servation 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 Community water.
(2) DUE PROCESS.—A due process system for the consider-
ation 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.
(c) SUBSEQUENT MODIFICATION OF LAWS AND REGULATIONS.—
If the provisions of the Community’s laws and regulations imple-
menting 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 modification
that could significantly adversely affect the rights of allottees shall
H. R. 5528—5
only become effective upon the concurrence 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 deferred pursuant to the Act of July
1, 1932 (25 U.S.C. 386a) are hereby canceled.
(f ) PROJECT NO LONGER A BIA PROJECT.—Effective 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 formerly a Bureau of Indian Affairs irrigation project. Nothing
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 applicable law to the
Salt River Pima-Maricopa Indian Community, to individual Indians,
or to Indians with trust allotments within the Community’s reserva-
tion.
TITLE II—NATIVE HAWAIIAN HOUSING
ASSISTANCE
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Hawaiian Homelands
Homeownership Act of 2000’’.
SEC. 202. FINDINGS.
Congress finds that—
(1) the United States has undertaken a responsibility 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 govern-
mental and private entities to accomplish the objectives
referred to in subparagraph (A);
(2) the United States has a special responsibility 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
H. R. 5528—6
set aside 200,000 acres of land in the Federal territory that
later became the State of Hawaii in order to establish a home-
land 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 lands have been foreclosed from participating in Federal
housing assistance programs available to all other eligible fami-
lies in the United States;
(5) although Federal housing assistance programs have
been administered on a racially neutral basis in the State
of Hawaii, Native Hawaiians continue 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 Hawaiian popu-
lation 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 households in the
United States; and
(B) overcrowding in the Native Hawaiian population
is 36 percent as compared to 3 percent for all other house-
holds in the United States;
(7) among the Native Hawaiian population, the needs of
Native Hawaiians, as that term is defined in section 801 of
the Native American Housing Assistance and Self-Determina-
tion 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 Native Hawaiian
households on the Hawaiian Home Lands is 36 percent;
and
(B) approximately 13,000 Native Hawaiians, which con-
stitute 95 percent of the Native Hawaiians who are eligible
to reside on the Hawaiian 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;
(9) one-third of those Native Hawaiians who are eligible
to reside on the Hawaiian Home Lands pay more than 30
percent of their income for shelter, and one-half of those Native
Hawaiians face overcrowding;
(10) the extraordinarily severe housing needs of Native
Hawaiians demonstrate that Native Hawaiians who either
reside on, or are eligible to reside on, Hawaiian Home Lands
H. R. 5528—7
have been denied equal access to Federal low-income housing
assistance programs 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, Alaska Native, and Native
Hawaiian Housing, and in order to address the continuing
prevalence of extraordinarily 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 Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 et seq.) to those Native Hawaiians;
(12) under the treatymaking power of the United States,
Congress had the constitutional authority to confirm a treaty
between the United States and the government that rep-
resented the Hawaiian 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 govern commerce and navigation
in 1826, 1842, 1849, 1875, and 1887;
(13) the United States has recognized and reaffirmed that—
(A) Native Hawaiians have a cultural, historic, and
land-based link to the indigenous people who exercised
sovereignty over the Hawaiian Islands, and that group
has never relinquished its claims to sovereignty or its sov-
ereign lands;
(B) Congress does not extend services to Native Hawai-
ians because of their race, but because of their unique
status as the indigenous people of a once sovereign nation
as to whom the United States has established a trust
relationship;
(C) Congress has also delegated broad authority to
administer a portion of the Federal trust responsibility
to the State of Hawaii;
(D) the political status of Native Hawaiians is com-
parable 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-determination 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 re-
affirmed 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 Freedom Act (42
U.S.C. 1996 et seq.);
(C) the National Museum of the American Indian Act
(20 U.S.C. 80q et seq.);
(D) the Native American Graves Protection and Repa-
triation Act (25 U.S.C. 3001 et seq.);
H. R. 5528—8
(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 Development 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 recog-
nized and reaffirmed the political relationship with the Native
Hawaiian people through—
(A) the enactment of the Hawaiian Homes Commission
Act, 1920 (42 Stat. 108 et seq.), which set aside approxi-
mately 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 homesteading
by Native Hawaiians in order to rehabilitate a landless
and dying people;
(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 Hawai-
ians, 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 Hawaiian Home Lands to
the State of Hawaii, 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 corpus 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 bene-
ficiaries under the Act;
(C) the authorization of mortgage loans insured 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 representation on the
National Commission on American Indian, Alaska Native,
and Native Hawaiian 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.)
H. R. 5528—9
which establishes a process for the conveyance of Federal
lands to the Department of Hawaiian Homes Lands that
are equivalent in value to lands acquired by the United
States from the Hawaiian Home Lands inventory.
SEC. 203. HOUSING ASSISTANCE.
The Native American Housing Assistance and Self-Determina-
tion Act of 1996 (25 U.S.C. 4101 et seq.) is amended by adding
at the end the following:
‘‘TITLE VIII—HOUSING ASSISTANCE FOR
NATIVE HAWAIIANS
‘‘SEC. 801. DEFINITIONS.
‘‘In this title:
‘‘(1) DEPARTMENT
OF
HAWAIIAN
HOME
LANDS; DEPART-
MENT.—The term ‘Department of Hawaiian Home Lands’ or
‘Department’ means the agency or department of the govern-
ment of the State of Hawaii that is responsible for the adminis-
tration 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 FAMILIES.—
‘‘(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—
‘‘(i) for an elderly family, an elderly person; or
‘‘(ii) for a near-elderly family, a near-elderly per-
son.
‘‘(B) CERTAIN FAMILIES INCLUDED.—The term ‘elderly
family’ or ‘near-elderly family’ includes—
‘‘(i) two or more elderly persons or near-elderly
persons, as the case may be, living together; and
‘‘(ii) one or more persons described in clause (i)
living with one or more persons determined under
the housing plan to be essential to their care or well-
being.
‘‘(4) HAWAIIAN HOME LANDS.—The term ‘Hawaiian 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 respect to which the
Department of Hawaiian Home Lands is authorized to provide
assistance for affordable housing under this Act.
‘‘(6) HOUSING ENTITY.—The term ‘housing entity’ means
the Department of Hawaiian Home Lands.
‘‘(7) HOUSING PLAN.—The term ‘housing plan’ means a plan
developed by the Department of Hawaiian Home Lands.
‘‘(8) MEDIAN INCOME.—The term ‘median income’ means,
with respect to an area that is a Hawaiian housing area,
the greater of—
H. R. 5528—10
‘‘(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 sovereignty 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 residents); or
‘‘(iii) birth records of the State of Hawaii.
‘‘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 Hawaiian 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 Sec-
retary finds that the Department of Hawaiian Home Lands
has not complied or cannot comply with those requirements
due to circumstances beyond the control of the Department
of Hawaiian Home Lands.
‘‘(c) USE OF AFFORDABLE HOUSING ACTIVITIES UNDER PLAN.—
Except as provided in subsection (e), amounts provided under a
grant under this section may be used only for affordable housing
activities under this title that are consistent with a housing plan
approved under section 804.
‘‘(d) ADMINISTRATIVE EXPENSES.—
‘‘(1) IN
GENERAL.—The Secretary shall, by regulation,
authorize the Department of Hawaiian Home Lands to use
a percentage of any grant amounts received under this title
for any reasonable administrative and planning expenses of
the Department relating to carrying out this title and activities
assisted with those amounts.
‘‘(2) 
ADMINISTRATIVE
AND
PLANNING
EXPENSES.—The
administrative and planning expenses referred to in paragraph
(1) include—
‘‘(A) costs for salaries of individuals engaged in admin-
istering and managing affordable housing activities
assisted with grant amounts provided under this title; and
‘‘(B) expenses incurred in preparing a housing plan
under section 803.
H. R. 5528—11
‘‘(e) PUBLIC-PRIVATE PARTNERSHIPS.—The Director shall make
all reasonable efforts, consistent with the purposes of this title,
to maximize participation by the private 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 submitted 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 fol-
lowing 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 Department.
‘‘(B) GOALS AND OBJECTIVES.—A statement of the goals
and objectives of the Department 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 including an analysis of the
manner in which the activities will enable the Department
to meet its mission, goals, and objectives.
‘‘(c) 1-YEAR PLAN.—A housing plan under this section 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 statement of the goals
and objectives to be accomplished during the period covered
by the plan.
‘‘(B) STATEMENT
OF
NEEDS.—A statement of the
housing needs of the low-income families served by the
Department and the means by which those needs will
be addressed 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 distribution
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 operating budget for
the Department of Hawaiian Home Lands, in a form pre-
scribed by the Secretary, that includes—
H. R. 5528—12
‘‘(i) an identification and a description of the finan-
cial resources reasonably available to the Department
to carry out the purposes of this title, including an
explanation of the manner in which amounts made
available will be used to leverage additional resources;
and
‘‘(ii) the uses to which the resources described in
clause (i) will be committed, including—
‘‘(I) eligible and required affordable housing
activities; and
‘‘(II) administrative expenses.
‘‘(D) AFFORDABLE HOUSING RESOURCES.—A statement
of the affordable housing resources currently available at
the time of the submittal of the plan and to be made
available 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 availability of housing from other public sources,
private market housing;
‘‘(ii) the manner in which the characteristics
referred to in clause (i) influence the decision of the
Department of Hawaiian Home Lands to use grant
amounts to be provided under this title for—
‘‘(I) rental assistance;
‘‘(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 between the Department
of Hawaiian Home Lands and any other governmental
entities 
in 
the 
development, 
submission, 
or
implementation of housing plans, including a descrip-
tion 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, including loans, grants, and mort-
gage insurance;
‘‘(iv) a description of the manner in which the
plan will address the needs identified pursuant to
subparagraph (C);
‘‘(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 assistance available
under the programs referred to in subclause (I);
‘‘(vi) a description of—
‘‘(I) any existing or anticipated housing
rehabilitation programs necessary to ensure the
long-term viability of the housing to be carried
out during the period covered by the plan; and
‘‘(II) the requirements and assistance available
under the programs referred to in subclause (I);
H. R. 5528—13
‘‘(vii) a description of—
‘‘(I) all other existing or anticipated housing
assistance 
provided 
by 
the 
Department 
of
Hawaiian Home Lands during the period covered
by the plan, including—
‘‘(aa) transitional housing;
‘‘(bb) homeless housing;
‘‘(cc) college housing; and
‘‘(dd) supportive services housing; and
‘‘(II) the requirements and assistance available
under such programs;
‘‘(viii)(I) a description of any housing to be demol-
ished or disposed of;
‘‘(II) a timetable for that demolition or disposition;
and
‘‘(III) any other information required by the Sec-
retary with respect to that demolition 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 residents 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 Hawaiian Home Lands to—
‘‘(I) promote the safety of residents of the
affordable housing;
‘‘(II) facilitate the undertaking of crime
prevention measures;
‘‘(III) allow resident input and involvement,
including the establishment of resident organiza-
tions; and
‘‘(IV) allow for the coordination of crime
prevention activities between the Department and
local law enforcement 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 enti-
ties.
‘‘(E) CERTIFICATION
OF
COMPLIANCE.—Evidence of
compliance that shall include, as appropriate—
‘‘(i) a certification that the Department of
Hawaiian Home Lands will comply 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 1968’ (42 U.S.C. 3601 et seq.) in carrying out
this title, to the extent that such title is applicable;
and
‘‘(II) other applicable Federal statutes;
‘‘(ii) a certification that the Department will
require adequate insurance coverage 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 established by the Sec-
retary;
H. R. 5528—14
‘‘(iii) a certification that policies are in effect and
are available for review by the Secretary and the public
governing the eligibility, admission, and occupancy of
families for housing assisted with grant amounts pro-
vided 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 deter-
mined, for housing assisted with grant amounts pro-
vided under this title; and
‘‘(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 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. 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 assistance 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, national origin, religion, sex, familial status,
or disability.
‘‘(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 experienced 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 discre-
tion 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 Department of Hawaiian Home
H. R. 5528—15
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 deter-
mined 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 NONCOMPLI-
ANCE.—If the Secretary determines that a plan submitted under
section 803 does not comply with the requirements of that section,
the Secretary shall specify 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 amendment or modification
to the plan to the Secretary, to the extent that the Secretary
considers such action to be necessary to make a determination
under this subsection, the Secretary shall review the plan
(including any amendments or modifications thereto) to deter-
mine 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 applicable law.
‘‘(2) INCOMPLETE PLANS.—If the Secretary determines under
this subsection that any of the appropriate 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 provisions of that section for any succeeding
fiscal year (with respect to information included for the 5-
year period under section 803(b) or for the 1-year period under
section 803(c)) by submitting only such information regarding
such changes as may be necessary to update the plan previously
submitted.
‘‘(2) COMPLETE PLANS.—The Director shall submit a com-
plete plan under section 803 not later than 4 years after submit-
ting 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 submission and review of the housing
plan as necessary for the provision of assistance under this title
for fiscal year 2000.
H. R. 5528—16
‘‘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 received by the Department under
this title if—
‘‘(A) that income was realized after the initial disburse-
ment of the grant amounts received by the Department;
and
‘‘(B) the Director agrees to use the program 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 program income
under paragraph (1); or
‘‘(B) the amount of any such program income retained.
‘‘(3) EXCLUSION OF AMOUNTS.—The Secretary may, by regu-
lation, 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
administrative burden on the Department.
‘‘(b) LABOR STANDARDS.—
‘‘(1) IN GENERAL.—Any contract or agreement for assist-
ance, sale, or lease pursuant to this title shall contain—
‘‘(A) a provision requiring that an amount not less
than the wages prevailing in the locality, as determined
or adopted (subsequent to a determination under applicable
State or local law) by the Secretary, shall be paid to all
architects, technical engineers, draftsmen, technicians
employed in the development and all maintenance, and
laborers and mechanics employed in the operation, of the
affordable housing project involved; and
‘‘(B) a provision that an amount not less than the
wages prevailing in the locality, as predetermined 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 laborers and
mechanics employed in the development of the affordable
housing involved.
‘‘(2) EXCEPTIONS.—Paragraph (1) and provisions relating
to wages required under paragraph (1) in any contract or agree-
ment for assistance, sale, or lease under this title, shall not
apply to any individual who performs the services for which
the individual volunteered and who is not otherwise employed
at any time in the construction work and received no compensa-
tion or is paid expenses, reasonable benefits, or a nominal
fee for those services.
‘‘SEC. 806. ENVIRONMENTAL REVIEW.
‘‘(a) IN GENERAL.—
‘‘(1) RELEASE OF FUNDS.—
‘‘(A) IN GENERAL.—The Secretary may carry out the
alternative environmental protection procedures described
in subparagraph (B) in order to ensure—
H. R. 5528—17
‘‘(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 implemented in connection with
the expenditure of grant amounts provided under this
title; and
‘‘(ii) to the public undiminished protection of the
environment.
‘‘(B) ALTERNATIVE ENVIRONMENTAL PROTECTION PROCE-
DURE.—In lieu of applying environmental protection proce-
dures otherwise applicable, the Secretary may by regulation
provide 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 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 Secretary
were the Secretary to undertake those projects as Federal
projects.
‘‘(2) REGULATIONS.—
‘‘(A) IN GENERAL.—The Secretary shall issue regula-
tions to carry out this section only after consultation with
the Council on Environmental 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 responsibilities 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 responsibility assumed by the Department
of Hawaiian Home Lands for grant amounts with respect to
any specific release of funds.
‘‘(b) PROCEDURE.—
‘‘(1) IN GENERAL.—The Secretary shall authorize the release
of funds subject to the procedures under this section only if,
not less than 15 days before that approval and before any
commitment of funds to such projects, the Director of the
Department of Hawaiian Home Lands submits to the Secretary
a request for such release accompanied by a certification that
meets the requirements of subsection (c).
‘‘(2) EFFECT OF APPROVAL.—The approval of the Secretary
of a certification described in paragraph (1) shall be deemed
to satisfy the responsibilities of the Secretary under the
National Environmental 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 responsibilities
relate to the releases of funds for projects that are covered
by that certification.
‘‘(c) CERTIFICATION.—A certification under the procedures under
this section shall—
‘‘(1) be in a form acceptable to the Secretary;
H. R. 5528—18
‘‘(2) be executed by the Director;
‘‘(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 responsible
Federal official under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and each provision
of law specified 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 Depart-
ment of Hawaiian Home Lands and the Director to accept
the jurisdiction of the Federal courts for the purpose of
enforcement 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 the enactment of the Native Amer-
ican Housing Assistance and Self-Determination Amendments of
2000.
‘‘SEC. 809. AFFORDABLE HOUSING ACTIVITIES.
‘‘(a) NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.—
‘‘(1) PRIMARY OBJECTIVE.—The national objectives of this
title are—
‘‘(A) to assist and promote affordable housing activities
to develop, maintain, and operate affordable housing in
safe and healthy environments for occupancy by low-income
Native Hawaiian families;
‘‘(B) to ensure better access to private mortgage mar-
kets and to promote self-sufficiency of low-income Native
Hawaiian families;
‘‘(C) to coordinate activities to provide housing for low-
income Native Hawaiian families with Federal, State, and
local activities to further economic and community develop-
ment;
‘‘(D) to plan for and integrate infrastructure resources
on the Hawaiian Home Lands with housing development;
and
‘‘(E) to—
‘‘(i) promote the development of private capital
markets; and
‘‘(ii) allow the markets referred to in clause (i)
to operate and grow, thereby benefiting Native
Hawaiian communities.
‘‘(2) ELIGIBLE FAMILIES.—
‘‘(A) IN GENERAL.—Except as provided under subpara-
graph (B), assistance for eligible housing activities under
this title shall be limited to low-income Native Hawaiian
families.
‘‘(B) EXCEPTION TO LOW-INCOME REQUIREMENT.—
‘‘(i) IN GENERAL.—The Director may provide assist-
ance for homeownership activities under—
H. R. 5528—19
‘‘(I) section 810(b);
‘‘(II) model activities under section 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 extent that the
Secretary approves the activities under that sec-
tion to address a need for housing for those fami-
lies that cannot be reasonably met without that
assistance.
‘‘(ii) LIMITATIONS.—The Secretary shall establish
limitations on the amount of assistance that may be
provided under this title for activities for families that
are not low-income families.
‘‘(C) OTHER FAMILIES.—Notwithstanding paragraph (1),
the Director may provide housing or housing assistance
provided through affordable 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 family 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 assistance 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 eligible to reside on
the Hawaiian Home Lands.
‘‘(ii) APPLICATION.—In any case in which a housing
plan provides for preference 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 ORGANIZATIONS.—As a condi-
tion of receiving grant amounts under this title, the Depart-
ment of Hawaiian Home Lands, shall to the extent prac-
ticable, provide for private nonprofit organizations experi-
enced in the planning and development of affordable
housing for Native Hawaiians to carry out affordable
housing activities with those grant amounts.
‘‘SEC. 810. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.
‘‘(a) IN GENERAL.—Affordable housing activities under this sec-
tion are activities conducted in accordance with the requirements
of section 811 to—
‘‘(1) develop or to support affordable housing for rental
or homeownership; or
‘‘(2) provide housing services with respect to affordable
housing, through the activities described in subsection (b).
‘‘(b) ACTIVITIES.—The activities described in this subsection
are the following:
H. R. 5528—20
‘‘(1) DEVELOPMENT.—The acquisition, new construction,
reconstruction, or moderate or substantial rehabilitation of
affordable housing, which may include—
‘‘(A) real property acquisition;
‘‘(B) site improvement;
‘‘(C) the development of utilities and utility services;
‘‘(D) conversion;
‘‘(E) demolition;
‘‘(F) financing;
‘‘(G) administration and planning; and
‘‘(H) other related activities.
‘‘(2) HOUSING SERVICES.—The provision of housing-related
services for affordable housing, including—
‘‘(A) housing counseling in connection with rental or
homeownership assistance;
‘‘(B) the establishment and support of resident
organizations and resident management corporations;
‘‘(C) energy auditing;
‘‘(D) activities related to the provisions of self-suffi-
ciency 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 section.
‘‘(3) HOUSING
MANAGEMENT
SERVICES.—The provision of
management services for affordable housing, including—
‘‘(A) the preparation of work specifications;
‘‘(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 ACTIVITIES.—The provi-
sion of safety, security, and law enforcement 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 appro-
priate for the purpose referred to in subparagraph (A).
‘‘SEC. 811. PROGRAM REQUIREMENTS.
‘‘(a) RENTS.—
‘‘(1) ESTABLISHMENT.—Subject to paragraph (2), as a condi-
tion 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.
H. R. 5528—21
‘‘(b) MAINTENANCE AND EFFICIENT OPERATION.—
‘‘(1) IN GENERAL.—The Director shall, using amounts of
any grants received under this title, reserve and use for oper-
ating under section 810 such amounts as may be necessary
to provide for the continued maintenance and efficient operation
of such housing.
‘‘(2) DISPOSAL OF CERTAIN HOUSING.—This subsection may
not be construed to prevent the Director, or any entity funded
by the Department, from demolishing or disposing of housing,
pursuant to regulations established by the Secretary.
‘‘(c) INSURANCE COVERAGE.—As a condition to receiving grant
amounts under this title, the Director shall require adequate insur-
ance coverage for housing units that are owned or operated or
assisted with grant amounts provided under this title.
‘‘(d) ELIGIBILITY FOR ADMISSION.—As a condition to receiving
grant amounts under this title, the Director shall develop written
policies governing the eligibility, admission, and occupancy of fami-
lies for housing assisted with grant amounts provided under this
title.
‘‘(e) MANAGEMENT
AND
MAINTENANCE.—As a condition to
receiving grant amounts under this title, the Director shall develop
policies governing the management and maintenance of housing
assisted with grant amounts under this title.
‘‘SEC. 812. TYPES OF INVESTMENTS.
‘‘(a) IN GENERAL.—Subject to section 811 and an applicable
housing plan approved under section 803, the Director shall have—
‘‘(1) the discretion to use grant amounts for affordable
housing activities through the use of—
‘‘(A) equity investments;
‘‘(B) interest-bearing loans or advances;
‘‘(C) noninterest-bearing loans or advances;
‘‘(D) interest subsidies;
‘‘(E) the leveraging of private investments; or
‘‘(F) any other form of assistance that the Secretary
determines to be consistent with the purposes of this title;
and
‘‘(2) the right to establish the terms of assistance provided
with funds referred to in paragraph (1).
‘‘(b) INVESTMENTS.—The Director may invest grant amounts
for the purposes of carrying out affordable housing activities in
investment securities and other obligations, as approved by the
Secretary.
‘‘SEC. 813. LOW-INCOME REQUIREMENT AND INCOME TARGETING.
‘‘(a) IN GENERAL.—Housing shall qualify for affordable 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 homeownership, 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 remain afford-
able, according to binding commitments satisfactory to the Sec-
retary, for—
H. R. 5528—22
‘‘(A) the remaining useful life of the property (as deter-
mined by the Secretary) without regard to the term of
the mortgage or to transfer of ownership; or
‘‘(B) such other period as the Secretary determines
is the longest feasible period of time consistent with sound
economics and the purposes of this title, except upon a
foreclosure by a lender (or upon other transfer in lieu
of foreclosure) if that action—
‘‘(i) recognizes any contractual or legal rights of
any public agency, nonprofit sponsor, or other person
or entity to take an action that would—
‘‘(I) avoid termination of low-income afford-
ability, in the case of foreclosure; or
‘‘(II) transfer ownership in lieu of foreclosure;
and
‘‘(ii) is not for the purpose of avoiding low-income
affordability restrictions, as determined by the Sec-
retary.
‘‘(b) EXCEPTION.—Notwithstanding subsection (a), housing
assistance pursuant to section 809(a)(2)(B) shall be considered
affordable housing for purposes of this title.
‘‘SEC. 814. LEASE REQUIREMENTS AND TENANT SELECTION.
‘‘(a) LEASES.—Except to the extent otherwise provided by or
inconsistent with the laws of the State of Hawaii, in renting
dwelling units in affordable housing assisted with grant amounts
provided under this title, the Director, owner, or manager shall
use leases that—
‘‘(1) do not contain unreasonable terms and conditions;
‘‘(2) require the Director, owner, or manager to maintain
the housing in compliance with applicable housing codes and
quality standards;
‘‘(3) require the Director, owner, or manager to give ade-
quate written notice of termination of the lease, which shall
be the period of time required under applicable State or local
law;
‘‘(4) specify that, with respect to any notice of eviction
or termination, notwithstanding any State or local law, a resi-
dent shall be informed of the opportunity, before any hearing
or trial, to examine any relevant documents, record, or regula-
tions directly related to the eviction or termination;
‘‘(5) require that the Director, owner, or manager may
not terminate the tenancy, during the term of the lease, except
for serious or repeated violation of the terms and conditions
of the lease, violation of applicable Federal, State, or local
law, or for other good cause; and
‘‘(6) provide that the Director, owner, or manager may
terminate the tenancy of a resident for any activity, engaged
in by the resident, any member of the household of the resident,
or any guest or other person under the control of the resident,
that—
‘‘(A) threatens the health or safety of, or right to peace-
ful 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 peace-
ful enjoyment of their premises by, persons residing in
the immediate vicinity of the premises; or
H. R. 5528—23
‘‘(C) 
is 
criminal 
activity 
(including 
drug-related
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 homebuyer selection policies and criteria
that—
‘‘(1) are consistent with the purpose of providing housing
for low-income families;
‘‘(2) are reasonably related to program eligibility and the
ability of the applicant to perform the obligations of the lease;
and
‘‘(3) provide for—
‘‘(A) the selection of tenants and homebuyers from
a written waiting list in accordance with the policies and
goals set forth in an applicable housing plan approved
under section 803; and
‘‘(B) the prompt notification in writing of any rejected
applicant of the grounds for that rejection.
‘‘SEC. 815. REPAYMENT.
‘‘If the Department of Hawaiian Home Lands uses grant
amounts to provide affordable housing under activities 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 Depart-
ment 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 requirements under this title for a grant under
this title.
‘‘SEC. 817. ALLOCATION FORMULA.
‘‘(a) ESTABLISHMENT.—The Secretary shall, by regulation issued
not later than the expiration of the 6-month period beginning on
the date of the enactment of the Hawaiian Homelands Homeowner-
ship Act of 2000, in the manner provided under section 807, estab-
lish a formula to provide 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 contract 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 conditions that the
Secretary and the Director may specify.
H. R. 5528—24
‘‘(c) OTHER FACTORS FOR CONSIDERATION.—In establishing the
formula under subsection (a), the Secretary shall consider the rel-
ative administrative capacities of the Department of Hawaiian
Home Lands and other challenges faced by the Department,
including—
‘‘(1) geographic distribution within Hawaiian Home Lands;
and
‘‘(2) technical capacity.
‘‘(d) EFFECTIVE DATE.—This section shall take effect on the
date of the 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 subsection (b),
if the Secretary finds after reasonable notice and opportunity
for a hearing that the Department 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 Depart-
ment;
‘‘(B) reduce payments under this title to the Depart-
ment by an amount equal to the amount of such payments
that were not expended in accordance with this title; or
‘‘(C) limit the availability of payments under this title
to programs, projects, or activities not affected by such
failure to comply.
‘‘(2) ACTIONS.—If the Secretary takes an action under
subparagraph (A), (B), or (C) of paragraph (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 Department
is in compliance with that provision.
‘‘(b) NONCOMPLIANCE BECAUSE OF A TECHNICAL INCAPACITY.—
The Secretary may provide technical assistance for the Department,
either directly or indirectly, that is designed to increase the capa-
bility and capacity of the Director of the Department to administer
assistance provided under this title in compliance with the require-
ments under this title if the Secretary makes a finding under
subsection (a), but determines that the failure of the Department
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 capacity of
the Department of Hawaiian Home Lands.
‘‘(c) REFERRAL FOR CIVIL ACTION.—
‘‘(1) AUTHORITY.—In lieu of, or in addition to, any action
that the Secretary may take under subsection (a), if the Sec-
retary has reason to believe that the Department of Hawaiian
Home Lands has failed to comply substantially with any provi-
sion of this title, the Secretary may refer the matter to the
Attorney General of the United States with a recommendation
that an appropriate civil action be instituted.
‘‘(2) CIVIL ACTION.—Upon receiving a referral under para-
graph (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—
H. R. 5528—25
‘‘(A) to recover the amount of the assistance furnished
under this title that was not expended in accordance with
this title; or
‘‘(B) for mandatory or injunctive relief.
‘‘(d) REVIEW.—
‘‘(1) IN
GENERAL.—If the Director receives notice under
subsection (a) of the termination, reduction, or limitation of
payments under this Act, the Director—
‘‘(A) may, not later than 60 days after receiving such
notice, file with the United States Court of Appeals for
the Ninth Circuit, or in the United States Court of Appeals
for the District 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 copies of the petition to the
Secretary and the Attorney 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 provided 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 Sec-
retary.
‘‘(3) DISPOSITION.—
‘‘(A) COURT PROCEEDINGS.—
‘‘(i) JURISDICTION OF COURT.—The court shall have
jurisdiction to affirm or modify the action of the Sec-
retary or to set the action aside in whole or in part.
‘‘(ii) FINDINGS OF FACT.—If supported by substan-
tial 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 Sec-
retary, if any, for the modification or setting
aside of the original action of the Secretary.
‘‘(ii) FINDINGS.—The findings referred 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 evidence on the
record; and
‘‘(II) considered as a whole.
H. R. 5528—26
‘‘(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 subject to review by the Supreme
Court of the United States upon writ of certiorari or certifi-
cation, as provided in section 1254 of title 28, United States
Code.
‘‘SEC. 819. MONITORING OF COMPLIANCE.
‘‘(a) ENFORCEABLE AGREEMENTS.—
‘‘(1) IN GENERAL.—The Director, through binding contrac-
tual agreements with owners or other authorized entities, shall
ensure long-term compliance 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 provisions of this title by the Depart-
ment 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 conducted and housing
assisted under this title to assess compliance with the require-
ments of this title.
‘‘(2) REVIEW.—Each review under paragraph (1) shall
include onsite inspection of housing to determine compliance
with applicable requirements.
‘‘(3) RESULTS.—The results of each review under paragraph
(1) shall be—
‘‘(A) included in a performance report of the Director
submitted to the Secretary under section 820; and
‘‘(B) made available to the public.
‘‘(c) PERFORMANCE MEASURES.—The Secretary shall establish
such performance measures as may be necessary to assess compli-
ance with the requirements of this title.
‘‘SEC. 820. PERFORMANCE REPORTS.
‘‘(a) REQUIREMENT.—For each fiscal year, the Director 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 conclusions 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 para-
graph (1) to the goals identified in the housing plan;
‘‘(3) indicate the programmatic accomplishments of the
Department; and
H. R. 5528—27
‘‘(4) describe the manner in which the Department 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 report under
this section;
‘‘(2) review each such report; and
‘‘(3) with respect to each such report, make recommenda-
tions as the Secretary considers appropriate to carry out the
purposes of this title.
‘‘(d) PUBLIC AVAILABILITY.—
‘‘(1) COMMENTS BY BENEFICIARIES.—In preparing a report
under this section, the Director shall make the report publicly
available to the beneficiaries of the Hawaiian Homes Commis-
sion Act, 1920 (42 Stat. 108 et seq.) and give a sufficient
amount of time to permit those beneficiaries to comment 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 bene-
ficiaries under paragraph (1) regarding the program to carry
out the housing plan.
‘‘SEC. 821. REVIEW AND AUDIT BY SECRETARY.
‘‘(a) ANNUAL REVIEW.—
‘‘(1) IN GENERAL.—The Secretary shall, not less frequently
than on an annual basis, make such reviews and audits as
may be necessary or appropriate to determine whether—
‘‘(A) the Director has—
‘‘(i) carried out eligible activities under this title
in a timely manner;
‘‘(ii) carried out and made certifications in accord-
ance with the requirements 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 manner;
‘‘(B) the Director has complied with the housing plan
submitted by the Director under section 803; and
‘‘(C) the performance reports of the Department under
section 821 are accurate.
‘‘(2) ONSITE VISITS.—Each review conducted under this sec-
tion shall, to the extent practicable, include onsite visits by
employees of the Department of Housing and Urban Develop-
ment.
‘‘(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 comments of the Department, the Secretary
may revise the report and shall make the comments of the Depart-
ment and the report with any revisions, readily available to the
public not later than 30 days after receipt of the comments 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
H. R. 5528—28
in accordance with the reviews and audits of the Secretary under
this section, except that grant amounts already expended on afford-
able housing activities may not be recaptured 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 Comptroller General of the United States
under such regulations 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 accomplishing
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 guaran-
tees under section 184A of the Housing and Community
Development Act of 1992.
‘‘(b) RELATED
REPORTS.—The Secretary may require the
Director to submit to the Secretary such reports and other informa-
tion as may be necessary in order for the Secretary to prepare
the report required under subsection (a).
‘‘SEC. 824. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to the Department
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 Develop-
ment 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 government of the State of Hawaii that
is responsible for the administration of the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108 et seq.).
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a
Native Hawaiian family, the Department of Hawaiian Home
Lands, the Office of Hawaiian Affairs, and private nonprofit
or private for-profit organizations experienced in the planning
and development of affordable housing for Native Hawaiians.
H. R. 5528—29
‘‘(3) FAMILY.—The term ‘family’ means one or more persons
maintaining a household, as the Secretary shall by regulation
provide.
‘‘(4) GUARANTEE FUND.—The term ‘Guarantee Fund’ means
the Native Hawaiian Housing Loan Guarantee Fund estab-
lished under subsection (j).
‘‘(5) HAWAIIAN HOME LANDS.—The term ‘Hawaiian 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 sovereignty 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 residents); or
‘‘(iii) birth records of the State of Hawaii.
‘‘(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 otherwise 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 requirements:
‘‘(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 experienced in
the planning and development of affordable housing for
Native Hawaiians.
‘‘(2) ELIGIBLE HOUSING.—
‘‘(A) IN GENERAL.—The loan will be used to construct,
acquire, or rehabilitate not more than 4-family dwellings
that are standard housing and are located on Hawaiian
Home Lands for which a housing plan described in subpara-
graph (B) applies.
‘‘(B) HOUSING PLAN.—A housing plan described in this
subparagraph is a housing plan that—
‘‘(i) has been submitted and approved by the Sec-
retary under section 803 of the Native American
Housing Assistance and Self-Determination Act of
1996; and
H. R. 5528—30
‘‘(ii) provides for the use of loan guarantees under
this section to provide affordable 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 meeting qualifications estab-
lished by, the Secretary, including any lender described
in subparagraph (B), except that a loan otherwise insured
or guaranteed by an agency of the Federal Government
or made by the Department of Hawaiian 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 consid-
ered to be lenders that have been approved by the Sec-
retary:
‘‘(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 guaranteed under section 3702(d) of title
38, United States Code.
‘‘(iii) Any lender approved by the Secretary of Agri-
culture to make guaranteed loans for single family
housing under the Housing Act of 1949 (42 U.S.C.A.
1441 et seq.).
‘‘(iv) Any other lender that is supervised, 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 guarantee 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 determined by the Sec-
retary) for home mortgage loans not guaranteed or insured
by any agency or instrumentality of the Federal Govern-
ment;
‘‘(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 guar-
antee (or 98.75 percent if the value of the property
is $50,000 or less); or
‘‘(ii) the amount approved by the Secretary under
this section; and
‘‘(D) involve a payment on account of the property—
‘‘(i) in cash or its equivalent; or
‘‘(ii) through the value of any improvements to
the property made through the skilled or unskilled
labor of the borrower, as the Secretary shall provide.
‘‘(d) CERTIFICATE OF GUARANTEE.—
‘‘(1) APPROVAL PROCESS.—