H. R. 5528—60
(3) by inserting after paragraph (3) the following new para-
graph:
‘‘(4) LAW ENFORCEMENT OFFICERS.—A recipient may provide
housing or housing assistance provided through affordable
housing activities assisted with grant amounts under this Act
for a law enforcement 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 government; and
‘‘(ii) in implementing such full-time employment,
is sworn to uphold, and make 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-Determination Act of 1996 (25
U.S.C. 4139) is amended to read as follows:
‘‘SEC. 209. NONCOMPLIANCE WITH AFFORDABLE HOUSING REQUIRE-
MENT.
‘‘If a recipient uses grant amounts to provide affordable 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 Secretary shall take appropriate action under
section 401(a).’’.
(2) AUDITS AND REVIEWS.—Section 405 of the Native Amer-
ican Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4165) is amended to read as follows:
‘‘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 purposes of chapter 75 of title 31,
United States Code, as a non-Federal entity that is subject to
the audit requirements that apply to non-Federal entities under
that chapter.
‘‘(b) ADDITIONAL REVIEWS AND AUDITS.—
‘‘(1) IN GENERAL.—In addition to any audit or review under
subsection (a), to the extent the Secretary determines such
action to be appropriate, the Secretary may conduct an audit
or review of a recipient in order to—
‘‘(A) determine whether the recipient—
‘‘(i) has carried out—
‘‘(I) eligible activities in a timely manner; and
‘‘(II) eligible activities and certification 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
‘‘(B) verify the accuracy of information contained in
any performance report submitted by the recipient under
section 404.
H. R. 5528—61
‘‘(2) ON-SITE VISITS.—To the extent practicable, the reviews
and audits conducted under this subsection shall include on-
site visits by the appropriate 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 para-
graph.
‘‘(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 subpara-
graph (A)) readily available to the public.
‘‘(d) EFFECT
OF REVIEWS.—Subject to section 401(a), after
reviewing the reports and audits relating to a recipient that are
submitted to the Secretary under this section, the Secretary may
adjust the amount of a grant made to a recipient under this Act
in accordance with the findings of the Secretary with respect to
those reports and audits.’’.
(g) ALLOCATION FORMULA.—Section 302(d)(1) of the Native
American Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4152(d)(1)) is amended—
(1) by striking ‘‘The formula,’’ and inserting the following:
‘‘(A) IN GENERAL.—Except with respect to an Indian
tribe described in subparagraph (B), the formula’’; and
(2) by adding at the end the following:
‘‘(B) CERTAIN INDIAN TRIBES.—With respect to fiscal
year 2001 and each fiscal year thereafter, for any Indian
tribe with an Indian housing authority that owns or oper-
ates fewer than 250 public housing units, the formula
shall provide that if the amount provided for a fiscal year
in which the total amount made available for assistance
under this Act is equal to or greater than the amount
made available for fiscal year 1996 for assistance for the
operation and modernization of the public housing referred
to in subparagraph (A), then the amount provided to that
Indian tribe as modernization assistance shall be equal
to the average annual amount of funds provided to the
Indian tribe (other than funds provided as emergency
assistance) under the assistance program under section
14 of the United States Housing Act of 1937 (42 U.S.C.
1437l) for the period beginning with fiscal year 1992 and
ending with fiscal year 1997.’’.
(h) HEARING REQUIREMENT.—Section 401(a) of the Native
American Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4161(a)) is amended—
(1) by redesignating paragraphs (1) through (4) as subpara-
graphs (A) through (D), respectively, and realigning such sub-
paragraphs (as so redesignated) so as to be indented 4 ems
from the left margin;
H. R. 5528—62
(2) by striking ‘‘Except as provided’’ and inserting the fol-
lowing:
‘‘(1) IN GENERAL.—Except as provided’’;
(3) by striking ‘‘If the Secretary takes an action under
paragraph (1), (2), or (3)’’ and inserting the following:
‘‘(2) CONTINUANCE OF ACTIONS.—If the Secretary takes an
action under subparagraph (A), (B), or (C) of paragraph (1)’’;
and
(4) by adding at the end the following:
‘‘(3) EXCEPTION FOR CERTAIN ACTIONS.—
‘‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of this subsection, if the Secretary makes a determina-
tion that the failure of a recipient of assistance under
this Act to comply substantially with any material provision
(as that term is defined by the Secretary) of this Act
is resulting, and would continue to result, in a continuing
expenditure of Federal funds in a manner that is not
authorized by law, the Secretary may take an action
described in paragraph (1)(C) before conducting a hearing.
‘‘(B) PROCEDURAL
REQUIREMENT.—If the Secretary
takes an action described in subparagraph (A), the Sec-
retary shall—
‘‘(i) provide notice to the recipient at the time
that the Secretary takes that action; and
‘‘(ii) conduct a hearing not later than 60 days after
the date on which the Secretary provides notice under
clause (i).
‘‘(C) DETERMINATION.—Upon completion of a hearing
under this paragraph, the Secretary shall make a deter-
mination regarding whether to continue taking the action
that is the subject of the hearing, or take another action
under this subsection.’’.
(i) PERFORMANCE AGREEMENT TIME LIMIT.—Section 401(b) of
the Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4161(b)) is amended—
(1) by striking ‘‘If the Secretary’’ and inserting the fol-
lowing:
‘‘(1) IN GENERAL.—If the Secretary’’;
(2) by striking ‘‘(1) is not’’ and inserting the following:
‘‘(A) is not’’;
(3) by striking ‘‘(2) is a result’’ and inserting the following:
‘‘(B) is a result’’;
(4) in the flush material following paragraph (1)(B), as
redesignated by paragraph (3) of this subsection—
(A) by realigning such material so as to be indented
2 ems from the left margin; and
(B) by inserting before the period at the end the fol-
lowing: ‘‘, if the recipient enters into a performance agree-
ment with the Secretary that specifies the compliance objec-
tives that the recipient will be required to achieve by
the termination date of the performance agreement’’; and
(5) by adding at the end the following:
‘‘(2) PERFORMANCE AGREEMENT.—The period of a perform-
ance agreement described in paragraph (1) shall be for 1 year.
‘‘(3) REVIEW.—Upon the termination of a performance
agreement entered into under paragraph (1), the Secretary
H. R. 5528—63
shall review the performance of the recipient that is a party
to the agreement.
‘‘(4) EFFECT OF REVIEW.—If, on the basis of a review under
paragraph (3), the Secretary determines that the recipient—
‘‘(A) has made a good faith effort to meet the compli-
ance objectives specified in the agreement, the Secretary
may enter into an additional performance agreement for
the period specified in paragraph (2); and
‘‘(B) has failed to make a good faith effort to meet
applicable compliance objectives, the Secretary shall deter-
mine the recipient to have failed to comply substantially
with this Act, and the recipient shall be subject to an
action under subsection (a).’’.
( j) LABOR STANDARDS.—Section 104(b) of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C.
4114(b)) is amended—
(1) in paragraph (1), by striking ‘‘Davis-Bacon Act (40
U.S.C. 276a–276a–5)’’ and inserting ‘‘Act of March 3, 1931
(commonly known as the Davis-Bacon Act; chapter 411; 46
Stat. 1494; 40 U.S.C. 276a et seq.)’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) APPLICATION
OF
TRIBAL
LAWS.—Paragraph (1) shall
not apply to any contract or agreement for assistance, sale,
or lease pursuant to this Act, if such contract or agreement
is otherwise covered by one or more laws or regulations adopted
by an Indian tribe that requires the payment of not less than
prevailing wages, as determined by the Indian tribe.’’.
(k) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) TABLE OF CONTENTS.—Section 1(b) of the Native Amer-
ican Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4101 note) is amended in the table of contents—
(A) by striking the item relating to section 206; and
(B) by striking the item relating to section 209 and
inserting the following:
‘‘209. Noncompliance with affordable housing requirement.’’.
(2) CERTIFICATION OF COMPLIANCE WITH SUBSIDY LAYERING
REQUIREMENTS.—Section 206 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4136)
is repealed.
(3) TERMINATIONS.—Section 502(a) of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4181(a)) is amended by adding at the end the following:
‘‘Any housing that is the subject of a contract for tenant-
based assistance between the Secretary and an Indian housing
authority that is terminated under this section shall, for the
following fiscal year and each fiscal year thereafter, be consid-
ered to be a dwelling unit under section 302(b)(1).’’.
TITLE XI—INDIAN EMPLOYMENT,
TRAINING AND RELATED SERVICES
SEC. 1101. SHORT TITLE.
This title may be cited as the ‘‘Indian Employment, Training,
and Related Services Demonstration Act Amendments of 2000’’.
H. R. 5528—64
SEC. 1102. FINDINGS, PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) Indian tribes and Alaska Native organizations that
have participated in carrying out programs under the Indian
Employment, Training, and Related Services Demonstration
Act of 1992 (25 U.S.C. 3401 et seq.) have—
(A) improved the effectiveness of employment-related
services provided by those tribes and organizations to their
members;
(B) enabled more Indian and Alaska Native people
to prepare for and secure employment;
(C) assisted in transitioning tribal members from wel-
fare to work; and
(D) otherwise demonstrated the value of integrating
employment, training, education and related services.
(E) the initiatives under the Indian Employment,
Training, and Related Services Demonstration Act of 1992
should be strengthened by ensuring that all Federal pro-
grams that emphasize the value of work may be included
within a demonstration program of an Indian or Alaska
Native organization; and
(F) the initiatives under the Indian Employment,
Training, and Related Services Demonstration Act of 1992
should have the benefit of the support and attention of
the officials with policymaking authority of—
(i) the Department of the Interior; or
(ii) other Federal agencies that administer pro-
grams covered by the Indian Employment, Training,
and Related Services Demonstration Act of 1992.
(b) PURPOSES.—The purposes of this title are to demonstrate
how Indian tribal governments can integrate the employment,
training, and related services they provide in order to improve
the effectiveness of those services, reduce joblessness in Indian
communities, foster economic development on Indian lands, and
serve tribally-determined goals consistent with the policies of self-
determination and self-governance.
SEC. 1103. AMENDMENTS TO THE INDIAN EMPLOYMENT, TRAINING
AND RELATED SERVICES DEMONSTRATION ACT OF 1992.
(a) DEFINITIONS.—Section 3 of the Indian Employment,
Training, and Related Services Demonstration Act of 1992 (25
U.S.C. 3402) is amended—
(1) by redesignating paragraphs (1) through (3) as para-
graphs (2) through (4), respectively; and
(2) by inserting before paragraph (2) the following:
‘‘(1) FEDERAL AGENCY.—The term ‘federal agency’ has the
same meaning given the term ‘agency’ in section 551(1) of
title 5, United States Code.’’.
(b) PROGRAMS AFFECTED.—Section 5 of the Indian Employment,
Training, and Related Services Demonstration Act of 1992 (25
U.S.C. 3404) is amended by striking ‘‘job training, tribal work
experience, employment opportunities, or skill development, or any
program designed for the enhancement of job opportunities or
employment training’’ and inserting the following: ‘‘assisting Indian
youth and adults to succeed in the workforce, encouraging self-
sufficiency, familiarizing Indian Youth and adults with the world
H. R. 5528—65
of work, facilitating the creation of job opportunities and any serv-
ices related to these activities’’.
(c) PLAN
REVIEW.—Section 7 of the Indian Employment,
Training, and Related Services Demonstration Act of 1992 (25
U.S.C. 3406) is amended—
(1) by striking ‘‘Federal department’’ and inserting ‘‘Federal
agency’’;
(2) by striking ‘‘Federal departmental’’ and inserting ‘‘Fed-
eral agency’’;
(3) by striking ‘‘department’’ each place it appears and
inserting ‘‘agency’’; and
(4) in the third sentence, by inserting ‘‘statutory require-
ment,’’, after ‘‘to waive any’’.
(d) PLAN APPROVAL.—Section 8 of the Indian Employment,
Training, and Related Services Demonstration Act of 1992 (25
U.S.C. 3407) is amended—
(1) in the first sentence, by inserting before the period
at the end the following; ‘‘, including any request for a waiver
that is made as part of the plan submitted by the tribal govern-
ment’’; and
(2) in the second sentence, by inserting before the period
at the end the following: ‘‘, including reconsidering the dis-
approval of any waiver requested by the Indian tribe’’.
(e) JOB CREATION ACTIVITIES AUTHORIZED.—Section 9 of the
Indian Employment, Training, and Related Services Demonstration
Act of 1992 (25 U.S.C. 3407) is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The plan sub-
mitted’’; and
(2) by adding at the end the following:
‘‘(b) JOB CREATION OPPORTUNITIES.—
‘‘(1) IN GENERAL.—Notwithstanding any other provisions
of law, including any requirement of a program that is
integrated under a plan under this Act, a tribal government
may use a percentage of the funds made available under this
Act (as determined under paragraph (2)) for the creation of
employment opportunities, including providing private sector
training placement under section 10.
‘‘(2) DETERMINATION OF PERCENTAGE.—The percentage of
funds that a tribal government may use under this subsection
is the greater of—
‘‘(A) the rate of unemployment in the service area
of the tribe up to a maximum of 25 percent; or
‘‘(B) 10 percent.
‘‘(c) LIMITATION.—The funds used for an expenditure described
in subsection (a) may only include funds made available to the
Indian tribe by a Federal agency under a statutory or administrative
formula.’’.
SEC. 1104. REPORT ON EXPANDING THE OPPORTUNITIES FOR PRO-
GRAM INTEGRATION.
Not later than 1 year after the date of the enactment of this
title, the Secretary, the Secretary of Health and Human Services,
the Secretary of Labor, and the tribes and organizations partici-
pating in the integration initiative under this title shall submit
a report to the Committee on Indian Affairs of the Senate and
the Committee on Resources of the House of Representatives on
the opportunities for expanding the integration of human resource
H. R. 5528—66
development and economic development programs under this title,
and the feasibility of establishing Joint Funding Agreements to
authorize tribes to access and coordinated funds and resources
from various agencies for purposes of human resources development,
physical infrastructure development, and economic development
assistance in general. Such report shall identify programs or activi-
ties which might be integrated and make recommendations for
the removal of any statutory or other barriers to such integration.
TITLE XII—NAVAJO NATION TRUST
LAND LEASING
SEC. 1201. SHORT TITLE.
This title may be cited as the ‘‘Navajo Nation Trust Land
Leasing Act of 2000’’.
SEC. 1202. CONGRESSIONAL FINDINGS AND DECLARATION OF PUR-
POSES.
(a) FINDINGS.—Recognizing the special relationship between
the United States and the Navajo Nation and its members, and
the Federal responsibility to the Navajo people, Congress finds
that—
(1) the third clause of section 8, Article I of the United
States Constitution provides that ‘‘The Congress shall have
Power * * * to regulate Commerce * * * with Indian tribes’’,
and, through this and other constitutional authority, Congress
has plenary power over Indian affairs;
(2) Congress, through statutes, treaties, and the general
course of dealing with Indian tribes, has assumed the responsi-
bility for the protection and preservation of Indian tribes and
their resources;
(3) the United States has a trust obligation to guard and
preserve the sovereignty of Indian tribes in order to foster
strong tribal governments, Indian self-determination, and eco-
nomic self-sufficiency;
(4) pursuant to the first section of the Act of August 9,
1955 (25 U.S.C. 415), Congress conferred upon the Secretary
of the Interior the power to promulgate regulations governing
tribal leases and to approve tribal leases for tribes according
to regulations promulgated by the Secretary;
(5) the Secretary of the Interior has promulgated the regu-
lations described in paragraph (4) at part 162 of title 25,
Code of Federal Regulations;
(6) the requirement that the Secretary approve leases for
the development of Navajo trust lands has added a level of
review and regulation that does not apply to the development
of non-Indian land; and
(7) in the global economy of the 21st Century, it is crucial
that individual leases of Navajo trust lands not be subject
to Secretarial approval and that the Navajo Nation be able
to make immediate decisions over the use of Navajo trust
lands.
(b) PURPOSES.—The purposes of this title are as follows:
(1) To establish a streamlined process for the Navajo Nation
to lease trust lands without having to obtain the approval
of the Secretary of the Interior for individual leases, except
H. R. 5528—67
leases for exploration, development, or extraction of any mineral
resources.
(2) To authorize the Navajo Nation, pursuant to tribal
regulations, which must be approved by the Secretary, to lease
Navajo trust lands without the approval of the Secretary of
the Interior for the individual leases, except leases for explo-
ration, development, or extraction of any mineral resources.
(3) To revitalize the distressed Navajo Reservation by pro-
moting political self-determination, and encouraging economic
self-sufficiency, including economic development that increases
productivity and the standard of living for members of the
Navajo Nation.
(4) To maintain, strengthen, and protect the Navajo
Nation’s leasing power over Navajo trust lands.
(5) To ensure that the United States is faithfully executing
its trust obligation to the Navajo Nation by maintaining Federal
supervision through oversight of and record keeping related
to leases of Navajo Nation tribal trust lands.
SEC. 1203. LEASE OF RESTRICTED LANDS FOR THE NAVAJO NATION.
The first section of the Act of August 9, 1955 (25 U.S.C. 415)
is amended—
(1) in subsection (d)—
(A) in paragraph (1), by striking ‘‘and’’ at the end;
(B) in paragraph (2), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
‘‘(3) the term ‘individually owned Navajo Indian allotted
land’ means a single parcel of land that—
‘‘(A) is located within the jurisdiction of the Navajo
Nation;
‘‘(B) is held in trust or restricted status by the United
States for the benefit of Navajo Indians or members of
another Indian tribe; and
‘‘(C) was—
‘‘(i) allotted to a Navajo Indian; or
‘‘(ii) taken into trust or restricted status by the
United States for an individual Indian;
‘‘(4) the term ‘interested party’ means an Indian or non-
Indian individual or corporation, or tribal or non-tribal govern-
ment whose interests could be adversely affected by a tribal
trust land leasing decision made by the Navajo Nation;
‘‘(5) the term ‘Navajo Nation’ means the Navajo Nation
government that is in existence on the date of enactment of
this Act or its successor;
‘‘(6) the term ‘petition’ means a written request submitted
to the Secretary for the review of an action (or inaction) of
the Navajo Nation that is claimed to be in violation of the
approved tribal leasing regulations;
‘‘(7) the term ‘Secretary’ means the Secretary of the
Interior; and
‘‘(8) the term ‘tribal regulations’ means the Navajo Nation
regulations enacted in accordance with Navajo Nation law and
approved by the Secretary.’’; and
(2) by adding at the end the following:
‘‘(e)(1) Any leases by the Navajo Nation for purposes authorized
under subsection (a), and any amendments thereto, except a lease
H. R. 5528—68
for the exploration, development, or extraction of any mineral
resources, shall not require the approval of the Secretary if the
lease is executed under the tribal regulations approved by the
Secretary under this subsection and the term of the lease does
not exceed—
‘‘(A) in the case of a business or agricultural lease, 25
years, except that any such lease may include an option to
renew for up to two additional terms, each of which may not
exceed 25 years; and
‘‘(B) in the case of a lease for public, religious, educational,
recreational, or residential purposes, 75 years if such a term
is provided for by the Navajo Nation through the promulgation
of regulations.
‘‘(2) Paragraph (1) shall not apply to individually owned Navajo
Indian allotted land.
‘‘(3) The Secretary shall have the authority to approve or dis-
approve tribal regulations referred to under paragraph (1). The
Secretary shall approve such tribal regulations if such regulations
are consistent with the regulations of the Secretary under sub-
section (a), and any amendments thereto, and provide for an
environmental review process. The Secretary shall review and
approve or disapprove the regulations of the Navajo Nation within
120 days of the submission of such regulations to the Secretary.
Any disapproval of such regulations by the Secretary shall be accom-
panied by written documentation that sets forth the basis for the
disapproval. Such 120-day period may be extended by the Secretary
after consultation with the Navajo Nation.
‘‘(4) If the Navajo Nation has executed a lease pursuant to
tribal regulations under paragraph (1), the Navajo Nation shall
provide the Secretary with—
‘‘(A) a copy of the lease and all amendments and renewals
thereto; and
‘‘(B) in the case of regulations or a lease that permits
payment to be made directly to the Navajo Nation, documenta-
tion of the lease payments sufficient to enable the Secretary
to discharge the trust responsibility of the United States under
paragraph (5).
‘‘(5) The United States shall not be liable for losses sustained
by any party to a lease executed pursuant to tribal regulations
under paragraph (1), including the Navajo Nation. Nothing in this
paragraph shall be construed to diminish the authority of the
Secretary to take appropriate actions, including the cancellation
of a lease, in furtherance of the trust obligation of the United
States to the Navajo Nation.
‘‘(6)(A) An interested party may, after exhaustion of tribal rem-
edies, submit, in a timely manner, a petition to the Secretary
to review the compliance of the Navajo Nation with any regulations
approved under this subsection. If upon such review the Secretary
determines that the regulations were violated, the Secretary may
take such action as may be necessary to remedy the violation,
including rescinding the approval of the tribal regulations and
reassuming responsibility for the approval of leases for Navajo
Nation tribal trust lands.
‘‘(B) If the Secretary seeks to remedy a violation described
in subparagraph (A), the Secretary shall—
‘‘(i) make a written determination with respect to the regu-
lations that have been violated;