Omnibus Indian Advancement Act
PL 106-568 (H.R.5528), enacted 12/27/2000

114 STAT. 2868 
PUBLIC LAW 106-568—DEC. 27, 2000 
Public Law 106-568 
106th Congress 
An Act 
Dec. 27, 2000 
To authorize the construction of a Wakpa Sica Reconciliation Place in Fort Pierre, 
[H.R. 5528] 
South Dakota, and for other purposes. 
Be it enacted by the Senate and Hduse of Representatives 
of 
Omnibus Indian 
the United States of America in Congress assembled, 
Advancement 
Act. 
SECTION 1. SHORT TITLE. 
25 use 4101 
rpj^g ^j.^ ^ 
Yie cited as the "Omnibus Indian Advancement 
^- 
Act". 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY IRRIGATION 
WORKS 
Sec. 101. Findings. 
Sec. 102. Conveyance and operation of irrigation works. 
Sec. 103. Relationship to other laws. 
TITLE II—NATIVE HAWAIIAN HOUSING ASSISTANCE 
Sec. 201. Short title. 
Sec. 202. Findings. 
Sec. 203. Housing assistance. 
Sec. 204. Loan guarantees for Native Hawaiian housing. 
TITLE III—COUSHATTA TRIBE OF LOUISIANA LAND TRANSACTIONS 
Sec. 301. Approval not required to validate land transactions. 
TITLE IV—WAKPA SICA RECONCILIATION PLACE 
Sec. 401. Findings. 
Sec. 402. Definitions. 
Subtitle A—Reconciliation Center 
Sec. 411. Reconcihation center. 
Sec. 412. Sioux Nation Tribal Supreme Court. 
Sec. 413. Legal jurisdiction not affected. 
Subtitle B—GAO Study 
Sec. 421. GAO study. 
TITLE V—EXPENDITURE OF FUNDS BY ZUNI INDIAN TRIBE 
Sec. 501. Expendit\ire of funds by tribe authorized. 
TITLE VI—TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS 
SETTLEMENT 
Sec. 601. Short title. 
Sec. 602. Congressional findings and purpose. 
Sec. 603. Definitions. 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2869 
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 repajmient 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 EmplojTnent, 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. 
114 STAT. 2870 
PUBLIC LAW 106-568—DEC. 27, 2000 
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 pohcy 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 Communit^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. 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2871 
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 Communitys 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 Publication, 
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 detertnination 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- Publication, 
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 
114 STAT. 2872 
PUBLIC LAW 106-568—DEC. 27, 2000 
only become effective upon the concurrence of both the Community 
and the Secretary. 
Effective date. 
(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.). 
Effective date. 
(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. 
Effective date. 
(f) PROJECT NO LONGER A B I A PROJECT.—Effective u p o n t h e 
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. 
Hawaiian 
Homelands 
Homeownership 
Act of2000. 
25 u s e 4101 
note. 
25 u s e 4221 
note. 
TITLE II—NATIVE HAWAIIAN HOUSING 
ASSISTANCE 
SEC. 201. SHORT TITLE. 
This title may be 
cited 
Homeownership Act of 2000". 
SEC. 202. FINDINGS. 
as the 
"Hawaiian 
Homelands 
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 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2873 
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 
114 STAT. 2874 
PUBLIC LAW 106-568—DEC. 27, 2000 
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 
Grovernment, 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.); 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2875 
(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 loiown 
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.) 
114 STAT. 2876 
PUBLIC LAW 106-568—DEC. 27, 2000 
which estabhshes 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 
25 use 4221. 
"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 entit/ 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— 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2877 
"(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 
b y -
"(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. 
25 USC 4222. 
"(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. 
114 STAT. 2878 
PUBLIC LAW 106-568—DEC. 27, 2000 
"(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. 
25 use 4223. 
"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— 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2879 
"(i) an identification £ind 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— 
"(D 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); 
79-194O-00-28:QL3Part5 
114 STAT. 2880 
PUBLIC LAW 106-568—DEC. 27, 2000 
"(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 
"(11) the requirements and assistance available 
under such programs; 
"(viii)(I) a description of any housing to be demol-
ished or disposed of; 
"(H) 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 etj 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; 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2881 
"(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. 
25 USC 4224. 
"(a) REVIEW AND N O T I C E . — 
"(1) REVIEW.— 
"(A) IN GENERAL.—^The Secretary shall conduct a Deadline, 
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 
114 STAT. 2882 
PUBLIC LAW 106-568—DEC. 27, 2000 
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. 
/ 
Deadline. 
"(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. 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2883 
"SEC. 805. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS. 
25 USC 4225. 
"(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- Contracts. 
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. 
25 USC 4226. 
"(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— 
114 STAT. 2884 
PUBLIC LAW 106-568—DEC. 27, 2000 
"(i) that the pohcies 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.— 
Deadline. 
"(1) IN GENERAL,—The Secretary shall authorize the release 
Certification. 
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 fiinds 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; 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2885 
"(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. 
25 USC 4227. 
'The Secretary shall issue final regulations necessary to carry Deadline, 
out this title not later than October 1, 2000. 
"SEC. 808. EFFECTIVE DATE. 
25 USC 4221 
"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. 
25 USC 4228. 
"(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 cooidinate 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— 
114 STAT. 2886 
PUBLIC LAW 106-568—DEC. 27, 2000 
"(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. 
25 use 4229. 
"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: 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2887 
"(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. 
25USC4230. 
"(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 pa3anent (as 
applicable) for that dwelling unit may not exceed 30 percent 
of the monthly adjusted income of that family. 
114 STAT. 2888 
PUBLIC LAW 106-568—DEC. 27, 2000 
"(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 
{)olicies governing the eligibility, admission, and occupancy of fami-
ies 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. 
25 use 4231. 
"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. 
25 use 4232. 
"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— 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2889 
"(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. 
25 USC 4233. 
"(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, wWch 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 enjojmient of their premises by, persons residing in 
the immediate vicinity of the premises; or 
114 STAT. 2890 
PUBLIC LAW 106-568—DEC. 27, 2000 
"(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. 
25 use 4234. 
"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 repajnnent to the Secretary of any amount 
equal to those grant amounts. 
25 use 4235. 
"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. 
25 use 4236. 
"SEC. 817. ALLOCATION FORMULA. 
Regulations. 
"(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. 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2891 
"(c) OTHER FACTORS FOR CONSIDERATION.—In establishing the 
formula under subsection (a), the Secretary shall consider the rel-
ative administrative capacities of the Depeirtment 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. 
25 USC 4237. 
"(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— 
114 STAT. 2892 
PUBLIC LAW 106-568—DEC. 27, 2000 
"(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— 
Deadline. 
"(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. 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2893 
"(4) FINALITY.— 
"(A) IN GENERAL.—^Except as provided in subparagraph 
(B), upon the fiUng 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. 
25USC4238. 
"(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. 
25USC4239. 
"(a) REQUIREMENT.—For each fiscal year, the Director shall— 
"(1) review the progress the Department has made during 
that fiscal year in canying 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 
114 STAT. 2894 
PUBLIC LAW 106-568—DEC. 27, 2000 
"(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. 
25 use 4240. 
"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. 
Deadlines. 
"(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 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2895 
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. 
25 USC 4241. 
'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. 
25 USC 4242. 
"(a) IN GENERAL.—Not later than 90 days after the conclusion Deadline, 
of each fiscal year in which assistance under this title is made 
available, the Secretary shall submit to Congress a report that 
contsdns— 
"(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 t e r m 
'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. 
25 USC 4243. 
12 USC 
1715z-13b. 
114 STAT. 2896 
PUBLIC LAW 106-568—DEC. 27, 2000 
"(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 
b y -
"(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 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2897 
"(ii) provides for the use of loan guarantees under 
this section to provide Eiffordable 
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 
Grovemment. 
"(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 Gk)vem-
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 pa3Tiient 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.— 
114 STAT. 2898 
PUBLIC LAW 106-568—DEC. 27, 2000 
"(A) IN GENERAL.—Before the Secretary approves any 
loan for guarantee under this section, the lender shall 
submit the application for the loan to the Secretary for 
examination. 
"(B) APPROVAL.—If the Secretary approves the applica-
tion submitted under subparagraph (A), the Secretary shall 
issue a certificate under this subsection as evidence of 
the loan guarantee approved. 
"(2) STANDARD FOR APPROVAL.—^The Secretary may approve 
a loan for guarantee under this section and issue a certificate 
under this subsection only if the Secretary determines that 
there is a reasonable prospect of repayment of the loan. 
"(3) EFFECT.— 
"(A) IN GENERAL.—^A certificate of guarantee issued 
under this subsection by the Secretary shall be conclusive 
evidence of the eligibility of the loan for guarantee under 
this section and the amount of that guarantee. 
"(B) EVIDENCE.—^The evidence referred to in subpara-
graph (A) shall be incontestable in the hands of the bearer. 
"(C) FULL FAITH AND CREDIT.—^The full faith and credit 
of the United States is pledged to the payment of all 
amounts agreed to be paid by the Secretary as security 
for the obligations made by the Secretary under this sec-
tion. 
"(4) FRAUD AND MISREPRESENTATION.—^This subsection may 
not be construed— 
"(A) to preclude the Secretary from 
establishing 
defenses against the original lender based on fraud or 
material misrepresentation; or 
"(B) to bar the Secretary from establishing by regula-
tions that are on the date of issuance or disbursement, 
whichever is earlier, partial defenses to the amount payable 
on the guarantee. 
"(e) GUARANTEE FEE.— 
"(1) IN GENERAL.—The Secretary shall fix and collect a 
guarantee fee for the guarantee of a loan under this section, 
which may not exceed the amount equal to 1 percent of the 
principal obligation of the loan. 
"(2) PAYMENT.—^The fee under this subsection shall— 
"(A) be paid by the lender at time of issuance of the 
guarantee; and 
"(B) be adequate, in the determination of the Secretary, 
to cover expenses and probable losses. 
"(3) DEPOSIT.—^The Secretary shall deposit any fees col-
lected under this subsection in the Native Hawaiian Housing 
Loan Guarantee Fund established under subsection (j). 
"(f) LIABILITY UNDER GUARANTEE.—^The liability under a guar-
antee provided under this section shall decrease or increase on 
a pro rata basis according to any decrease or increase in the 
amount of the unpaid obligation under the provisions of the loan 
agreement involved. 
"(g) TRANSFER AND ASSUMPTION.—^Notwithstanding any other 
provision of law, any loan guaranteed under this section, including 
the security given for the loan, may be sold or assigned by the 
lender to any financial institution subject to examination and super-
vision by an agency of the Federal Grovemment or of any State 
or the District of Columbia. 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2899 
"(h) DISQUALIFICATION OF LENDERS AND CIVIL MONEY PEN-
ALTIES.— 
"(1) IN GENERAL.— 
"(A) GROUNDS FOR ACTION.—^The Secretary may take 
action under subparagraph (B) if the Secretary determines 
that any lender or holder of a guarantee certificate under 
subsection (d)— 
"(i) has failed— 
"(I) to maintain adequate accounting records; 
"(II) to service adequately loans guaranteed 
under this section; or 
"(III) to exercise proper credit or underwriting 
judgment; or 
"(ii) has engaged in practices otherwise detri-
mental to the interest of a borrower or the United 
States. 
"(B) ACTIONS.—^Upon a determination by the Secretary 
that a holder of a guarantee certificate under subsection 
(d) has failed to carry out an activity described in subpara-
graph (A)(i) or has engaged in practices described in 
subparagraph (A)(ii), the Secretary may— 
"(i) refuse, either temporarily or permanently, to 
guarantee any further loans made by such lender or 
holder; 
"(ii) bar such lender or holder from acquiring addi-
tional loans guaranteed under this section; and 
"(iii) require that such lender or holder assume 
not less than 10 percent of any loss on further loans 
made or held by the lender or holder that are guaran-
teed under this section. 
"(2) 
CIVIL MONEY PENALTIES FOR INTENTIONAL VIOLA-
TIONS.— 
"(A) IN GENERAL.—The Secretary may impose a civil 
monetary penalty on a lender or holder of a guarantee 
certificate under subsection (d) if the Secretary determines 
that the holder or lender has intentionally failed— 
"(i) to maintain adequate accounting records; 
"(ii) to adequately service loans guaranteed under 
this section; or 
"(iii) to exercise proper credit or underwriting judg-
ment. 
"(B) PENALTIES.—A civil monetary penalty imposed 
under this paragraph shall be imposed in the manner 
and be in an amount provided under section 536 of the 
National Housing Act (12 U.S.C.A. 1735f-l) with respect 
to mortgagees and lenders under that Act. 
"(3) PAYMENT ON LOANS MADE IN GOOD FAITH.—Notwith-
standing paragraphs (1) and (2), if a loan was made in good 
faith, the Secretary may not refuse to pay a lender or holder 
of a valid guarantee on that loan, without regard to whether 
the lender or holder is barred under this subsection, 
"(i) PAYMENT UNDER GUARANTEE.— 
"(1) LENDER OPTIONS.— 
"(A) IN GENERAL.— 
"(i) NOTIFICATION.—If a borrower on a loan guaran-
teed under this section defaults on the loan, the holder 
114 STAT. 2900 
PUBLIC LAW 106-568—DEC. 27, 2000 
of the guarantee certificate shall provide written notice 
of the default to the Secretary. 
"(ii) PAYMENT.—Upon providing the notice required 
under clause (i), the holder of the guarantee certificate 
shall be entitled to payment under the guarantee (sub-
ject to the provisions of this section) and may proceed 
to obtain payment in one of the following manners: 
"(I) FORECLOSURE.— 
"(aa) IN GENERAL.—^The holder of the cer-
tificate may initiate foreclosure proceedings 
(after providing written notice of that action 
to the Secretary). 
"(bb) PAYMENT.—^Upon a final order by 
the court authorizing foreclosure and submis-
sion to the Secretary of a claim for pajnnent 
under the guarantee, the Secretary shall pay 
to the holder of the certificate the pro rata 
portion of the amount guaranteed (as deter-
mined pursuant to subsection (f)) plus reason-
able fees and expenses as approved by the 
Secretary. 
"(cc) SUBROGATION.—^The rights of the Sec-
retary shall be subrogated to the rights of 
the holder of the guarantee. The holder shall 
assign the obligation and security to the Sec-
retary. 
"(II) N o FORECLOSURE.— 
"(aa) IN GENERAL.—^Without seeking fore-
closure (or in any case in which a foreclosure 
proceeding initiated under clause (i) continues 
for a period in excess of 1 year), the holder 
of the guarantee may submit to the Secretary 
a request to assign the obligation and security 
interest to the Secretary in return for payment 
of the claim under the guarantee. The Sec-
retary may accept assignment of the loan if 
the Secretary determines that the assignment 
is in the best interest of the United States, 
"(bb) PAYMENT.—Upon assignment, the 
Secretary shall pay to the holder of the guar-
antee the pro rata portion of the amount 
guaranteed (as determined under subsection 
(f)). 
"(cc) SUBROGATION.—^The rights of the Sec-
retary shall be subrogated to the rights of 
the holder of the guarantee. The holder shall 
assign the obligation and security to the Sec-
retary. 
"(B) REQUIREMENTS.—Before any payment under a 
guarantee is made under subparagraph (A), the holder 
of the guarantee shall exhaust all reasonable possibilities 
of collection. Upon pajnnent, in whole or in part, to the 
holder, the note or judgment evidencing the debt shall 
be assigned to the United States and the holder shall 
have no further claim against the bprrower or the United 
States. The Secretary shall then take such action to collect 
as the Secretary determines to be appropriate. 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2901 
"(2) LIMITATIONS ON LIQUIDATION.— 
"(A) IN GENERAL.—If a borrower defaults on a loan 
guaranteed under this section that involves a security 
interest in restricted Hawaiian Home Land property, the 
mortgagee or the Secretary shall only pursue liquidation 
after offering to transfer the account to another eligible 
Hawaiian family or the Department of Hawaiian Home 
Lands. 
"(B) LIMITATION.—If, after action is taken 
under 
subparagraph (A), the mortgagee or the Secretary subse-
quently proceeds to liquidate the account, the mortgagee 
or the Secretary shall not sell, transfer, or otherwise dis-
pose of or alienate the property described in subparagraph 
(A) except to another eligible Hawaiian family or to the 
Department of Hawaiian Home Lands. 
"(j) NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND.— 
"(1) ESTABLISHMENT.—There is established in the Treasury 
of the United States the Native Hawaiian Housing Loan Guar-
antee Fund for the purpose of providing loan guarantees under 
this section. 
"(2) CREDITS.—^The Guarantee Fund shall be credited 
with— 
"(A) any amount, claims, notes, mortgages, contracts, 
and property acquired by the Secretary under this section, 
and any collections and proceeds therefrom; 
"(B) any amounts appropriated pursuant to paragraph 
(7); 
"(C) any guarantee fees collected under subsection (e); 
and 
"(D) any interest or earnings on amounts invested 
under paragraph (4). 
"(3) USE.—^Amounts in the Guarantee Fund shall be avail-
able, to the extent provided in appropriations Acts, for— 
"(A) fulfilling any obligations of the Secretary with 
respect to loans guaranteed under this section, including 
the costs (as that term is defined in section 502 of the 
Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) of 
such loans; 
"(B) pa3dng taxes, insurance, prior liens, expenses nec-
essary to make fiscal adjustment in connection with the 
application and transmittal of collections, and 
other 
expenses and advances to protect the Secretary for loans 
which are guaranteed under this section or held by the 
Secretary; 
"(C) acquiring such security property at foreclosure 
sales or otherwise; 
"(D) paying administrative expenses in connection with 
this section; and 
"(E) reasonable and necessary costs of rehabilitation 
and repair to properties that the Secretary holds or owns 
pursuant to this section. 
"(4) INVESTMENT.—^Any amounts in the Guarantee Fund 
determined by the Secretary to be in excess of amounts cur-
rently required at the time of the determination to carry out 
this section may be invested in obligations of the United States. 
"(5) 
LIMITATION ON COMMITMENTS TO GUARANTEE LOANS 
AND MORTGAGES.— 
114 STAT. 2902 
PUBLIC LAW 106-568—DEC. 27, 2000 
"(A) REQUIREMENT OF APPROPRIATIONS.—The authority 
of the Secretary to enter into commitments to guarantee 
loans under this section shall be effective for any fiscal 
year to the extent, or in such amounts as are, or have 
been, provided in appropriations Acts, without regard to 
the fiscal year for which such amounts were appropriated. 
"(B) 
LIMITATIONS ON COSTS OF GUARANTEES.—^The 
authority of the Secretary to enter into commitments to 
guarantee loans under this section shall be effective for 
any fiscal year only to the extent that amounts in the 
Guarantee Fund are or have been made available in appro-
priations Acts to cover the costs (as that term is defined 
in section 502 of the Federal Credit Reform Act of 1990 
(2 U.S.C. 661a)) of such loan guarantees for such fiscal 
year. Any amounts appropriated pursuant to this subpara-
graph shall remain available until expended. 
"(C) 
LIMITATION ON OUTSTANDING AGGREGATE PRIN-
CIPAL AMOUNT.—Subject to the limitations in subpara-
graphs (A) and (B), the Secretary may enter into commit-
ments to guarantee loans under this section for each of 
fiscal years 2000, 2001, 2002, 2003, and 2004 with an 
aggregate outstanding principal amount not exceeding 
$ 100,000,000 for each such fiscal year. 
"(6) LIABILITIES.—^Ail liabilities and obligations of the assets 
credited to the Guarantee Fund under paragraph (2)(A) shall 
be liabilities and obligations of the Guarantee Fund. 
"(7) 
AUTHORIZATION 
OF 
APPROPRL\TIONS.—There 
are 
authorized to be appropriated to the Guarantee Fund to carry 
out this section such sums as may be necessary for each of 
fiscal years 2000, 2001, 2002, 2003, and 2004. 
"(k) REQUIREMENTS FOR STANDARD HOUSING.— 
Regulations. 
"(1) IN GENERAL.—The Secretary shall, by regulation, estab-
lish housing safety and quality standards to be applied for 
use under this section. 
"(2) STANDARDS.—^The standards referred to in paragraph 
(1) shall— 
"(A) provide sufficient flexibility to permit the use of 
various designs and materials in housing acquired with 
loans guaranteed under this section; and 
"(B) require each dwelling unit in any housing acquired 
in the manner described in subparagraph (A) to— 
"(i) be decent, safe, sanitary, and modest in size 
and design; 
"(ii) conform with applicable general construction 
standards for the region in which the housing is 
located; 
"(iii) contain a plumbing system that— 
"(I) uses a properly installed system of piping; 
"(II) includes a kitchen sink and a partitional 
bathroom with lavatory, toilet, and bath or shower; 
and 
"(III) uses water supply, plumbing, and sewage 
disposal systems that conform to any minimum 
standards established by the applicable county or 
State; 
"(iv) contain an electrical system using wiring and 
equipment properly installed to safely supply electrical 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2903 
energy for adequate lighting and for operation of appli-
ances that conforms to any appropriate county, State, 
or national code; 
"(v) be not less than the size provided under the 
applicable locEilly adopted standards for size of dwelling 
units, except that the Secretary, upon request of the 
Department of Hawaiian Home Lands may waive the 
size requirements under this paragraph; and 
"(vi) conform with the energy performance require-
r 
ments for new construction established by the Sec-
retary under section 526(a) of the National Housing 
Act (12 U.S.C.A. 1735f-4), unless the Secretary deter-
mines that the requirements are not applicable. 
"(1) APPLICABILITY OF CIVIL RIGHTS STATUTES.—^To the extent 
that the requirements of title VI of the Civil Rights Act of 1964 
(42 U.S.C. 2000d et seq.) or of title VIII of the Act popularly 
known as the 'Civil Rights Act of 1968' (42 U.S.C.A 3601 et seq.) 
apply to a guarantee provided under this subsection, nothing in 
the requirements concerning discrimination on the basis of race 
shall be construed to prevent the provision of the guarantee to 
an eligible entity on the basis that the entity serves Native 
Hawaiian families or is a Native Hawaiian family.". 
TITLE III—COUSHATTA TRIBE OF 
LOUISIANA LAND TRANSACTIONS 
SEC. 301. APPROVAL NOT REQUIRED TO VALIDATE LAND TRANS-
ACTIONS. 
(a) IN GENERAL.—^Notwithstanding any other provision of law, 
without further approval, ratification, or authorization by the 
United States, the Coushatta Tribe of Louisiana, may lease, sell, 
convey, warrant, or otherwise transfer all or any part of the Tribe's 
interest in any real property that is not held in trust by the 
United States for the benefit of the Tribe. 
(b) TRUST LAND NOT AFFECTED.—Nothing in this section is 
intended or shall be construed to— 
(1) authorize the Coushatta Tribe of Louisiana to lease, 
sell, convey, warrant, or otherwise transfer all or any part 
of an interest in any real property that is held in trust by 
the United States for the benefit of the Tribe; or 
(2) affect the operation of any law governing leasing, 
selling, convejdng, warranting, or otherwise transferring any 
interest in such trust land. 
TITLE IV—WAKPA SICA 
RECONCILIATION PLACE 
SEC. 401. FINDINGS. 
Congress finds that— 
(1) there is a continuing need for reconciliation between 
Indians and non-Indians; 
(2) the need may be met partially through the promotion 
of the understanding of the history and culture of Sioux Indian 
tribes; 
114 STAT. 2904 
PUBLIC LAW 106-568—DEC. 27, 2000 
(3) the establishment of a Sioux Nation Tribal Supreme 
Court will promote economic development on reservations of 
the Sioux Nation and provide investors that contribute to that 
development a greater degree of certainty and confidence by— 
(A) reconciling conflicting tribal laws; and 
(B) strengthening tribal court systems; 
(4) the reservations of the Sioux Nation— 
(A) contain the poorest counties in the United States; 
and 
(B) lack adequate tools to promote economic develop-
ment and the creation of jobs; 
(5) there is a need to enhance and strengthen the capacity 
of Indian tribal governments and tribal justice systems to 
address conflicts which impair relationships in Indian commu-
nities and between Indian and non-Indian communities and 
individuals; and 
(6) the establishment of the National Native Americgm 
Mediation Training Center, with the technical assistance of 
tribal and Federal agencies, including the Community Relations 
Service of the Department of Justice, would enhance and 
strengthen the mediation skills that are useful in reducing 
tensions and resolving conflicts in Indian communities and 
between Indian and non-Indian communities and individuals. 
SEC. 402. DEFINITIONS. 
In this title: 
(1) INDIAN TRIBE.—^The term "Indian tribe" has the meaning 
given that term in section 4(e) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b(e)). 
(2) SECRETARY.—^The term "Secretary" means the Secretary 
of the Interior. 
(3) Sioux NATION.—The term "Sioux Nation" means the 
Cheyenne River Sioux Tribe, the Crow Creek Sioux Tribe, the 
Flandreau Santee Sioux Tribe, the Lower Brule Sioux Tribe, 
the Oglala Sioux Tribe, the Rosebud Sioux Tribe, the Santee 
Sioux Tribe, the Sisseton-Wahpeton Sioux Tribe, the Spirit 
Lake Sioux Tribe, the Standing Rock Sioux Tribe, and the 
Yankton Sioux Tribe. 
Subtitle A—Reconciliation Center 
SEC. 411. RECONCILIATION CENTER. 
WakpaSica 
(a) ESTABLISHMENT.—^The Secretary of Housing and Urban 
Reconciliation 
Development, in cooperation with the Secretary, shall establish, 
^^'^®- 
in accordance with this section, a reconciliation center, to be known 
as "Wakpa Sica Reconciliation Place". 
(b) LOCATION.—^Notwithstanding any other provision of law, 
the Secretary shall take into trust for the benefit of the Sioux 
Nation the parcel of land in Stanley County, South Dakota, that 
is described as the "Reconciliation Place Addition" that is owned 
on the date of the enactment of this Act by the Wakpa Sica Histor-
ical Society, Inc., for the sole purpose of establishing and operating 
Wakpa Sica Reconciliation Place as described in subsection (c). 
(c) PURPOSES.—^The purposes of Wakpa Sica Reconciliation 
Place shall be as follows: 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2905 
(1) To enhance the knowledge and understanding of the 
history of Native Americans by— 
(A) displaying and interpreting the history, art, and 
culture of Indian tribes for Indians and non-Indians; and 
(B) providing an accessible repository for— 
(i) the history of Indian tribes; and 
(ii) the family history of members of Indian tribes. 
(2) To provide for the interpretation of the encounters 
between Lewis and Clark and the Sioux Nation. 
(3) To house the Sioux Nation Tribal Supreme Court. 
(4) To house a Native American economic development 
center. 
(5) To house a facility to train tribal personnel in conflict 
resolution and alternative dispute resolution. 
(d) GRANT.— 
(1) IN GENERAL.—^The Secretary of Housing and Urban 
Development shall offer to award a grant to the Wakpa Sica 
Historical Society of Fort Pierre, South Dakota, for the construc-
tion of Wakpa Sica Reconciliation Place. 
(2) GRANT AGREEMENT.— 
(A) IN GENERAL.—^As a condition to receiving the grant 
under this subsection, the appropriate official of the Wakpa 
Sica Historical Society shall enter into a grant agreement 
with the Secretary of Housing and Urban Development. 
(B) CONSULTATION.—^Before entering into a grant 
agreement under this paragraph, the Secretary of Housing 
and Urban Development shall consult with the Secretary 
concerning the contents of the agreement. 
(C) DUTIES OF THE WAKPA SICA HISTORICAL SOCIETY.— 
The grant agreement under this paragraph shall specify 
the duties of the Wakpa Sica Historical Society under this 
section and arrangements for the maintenance of Wakpa 
Sica Reconciliation Place. 
(3) AUTHORIZATION OF APPROPRIATIONS.—^There are author-
ized to be appropriated to the Department of Housing and 
Urban Development $18,258,441, to be used for the grant under 
this section. 
SEC. 412. SIOUX NATION TRIBAL SUPREME COURT. 
(a) IN GENERAL.—^To ensure the development and operation 
of the Sioux Nation Tribal Supreme Court and for mediation 
training, the Attorney General of the United States shall use avail-
able funds to provide technical and financial assistance to the 
Sioux Nation. 
(b) AUTHORIZATION OF APPROPRIATIONS.—^To carry out this sec-
tion, there are authorized to be appropriated to the Department 
of Justice such sums as are necessary. 
SEC. 413. LEGAL JURISDICTION NOT AFFECTED. 
Nothing in this title shall be construed to expand, diminish, 
or otherwise amend the civil or criminal legal jurisdiction of the 
Federal Gk)vemment or any tribal or State government. 
114 STAT. 2906 
PUBLIC LAW 106-568—DEC. 27, 2000 
Subtitle B—GAO Study 
25 use 4301 
SEC. 421. GAO STUDY. 
(a) IN GENERAL.—^The Comptroller General shall conduct a 
study and make findings and recommendations with respect to— 
(1) Federal programs designed to assist Indian tribes and 
tribal members with economic development, job creation, 
entrepreneurship, and business development; 
(2) the extent of use of the programs; 
(3) how effectively such programs accomplish their mission; 
and 
(4) ways in which the Federal Government could best pro-
vide economic development, job creation, entrepreneurship, and 
business development for Indian tribes and tribal members. 
Deadline. 
(b) REPORT.—^The Comptroller General shall submit a report 
to Congress on the study, findings, and recommendations required 
by subsection (a) not later than 1 year after the date of the enact-
ment of this Act. 
TITLE V—EXPENDITURE OF FUNDS BY 
ZUNI INDIAN TRIBE 
SEC. 501. EXPENDITURE OF FUNDS BY TRIBE AUTHORIZED. 
Section 3 of the Zuni Land Conservation Act of 1990 (Public 
Law 101-486) is amended— 
(1) in subsection (b)(1), by striking "The Secretary of the 
Interior" and inserting "The Zuni Indian Tribe"; and 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ", subject to paragraph 
(2),"; 
(B) by striking paragraph (2); 
(C) in paragraph (3), by striking "Secretary of the 
Interior" and inserting "Zuni Indian Tribe"; and 
(D) by redesignating paragraphs (3), (4), (5), and (6) 
as paragraphs (2), (3), (4), and (5), respectively. 
Torres-Martinez 
Desert Cahiiilla 
Indians Claims 
Settlement Act. 
TITLE VI—TORRES-MARTINEZ DESERT 
CAHUILLA INDIANS CLAIMS SETTLE-
MENT 
25 use 1778 
SEC. 601. SHORT TITLE. 
This title may be cited as the 'Torres-Martinez Desert Cahuilla 
Indians Claims Settlement Act". 
25 use 1778. 
SEC. 602. CONGRESSIONAL FINDINGS AND PURPOSE. 
(a) FINDINGS.—^The Congress finds the following: 
(1) In 1876, the Torres-Martinez Indian Reservation was 
created, reserving a single, 640-acre section of land in the 
Coachella Valley, California, north of the Salton Sink. The 
Reservation was expanded in 1891 by Executive order, pursuant 
to the Mission Indian Relief Act of 1891, adding about 12,000 
acres to the original 640-acre reservation. 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2907 
(2) Between 1905 and 1907, flood waters of the Colorado 
River filled the Salton Sink, creating the Salton Sea, inundating 
approximately 2,000 acres of the 1891 reservation lands. 
(3) In 1909, an additional 12,000 acres of land, 9,000 of 
which were then submerged under the Salton Sea, were added 
to the reservation under a Secretarial Order issued pursuant 
to a 1907 amendment of the Mission Indian Relief Act. Due 
to receding water levels in the Salton Sea through the process 
of evaporation, at the time of the 1909 enlargement of the 
reservation, there were some expectations that the Salton Sea 
would recede within a period of 25 years. 
(4) Through the present day, the majority of the lands 
added to the reservation in 1909 remain inundated due in 
part to the flowage of natural runoff and drainage water from 
the irrigation systems of the Imperial, Coachella, and Mexicali 
Valleys into the Salton Sea. 
(5) In addition to those lands that are inundated, there 
are also tribal and individual Indian lands located on the perim-
eter of the Salton Sea that are not currently irrigable due 
to lack of proper drainage. 
(6) In 1982, the United States brought an action in trespass 
entitled "United States of America, in its own right and on 
behalf of Torres-Martinez Band of Mission Indians and the 
Allottees therein v. the Imperial Irrigation District 
and 
Coachella Valley Water District", Case No. 82-1790 K (M) 
(hereafter in this section referred to as the "U.S. Suit") on 
behalf of the Torres-Martinez Indian Tribe and affected Indian 
allottees against the two water districts seeking damages 
related to the inundation of tribal- and allottee-owned lands 
and injunctive relief to prevent future discharge of water on 
such lands. 
(7) On August 20, 1992, the Federal District Court for 
the Southern District of California entered a judgment in the 
U.S. Suit requiring the Coachella Valley Water District to 
pay $212,908.41 in past and future damages and the Imperial 
Irrigation District to pay $2,795,694.33 in past and future 
damages in lieu of the United States request for a permanent 
injunction against continued flooding of the submerged lands. 
(8) The United States, the Coachella Valley Water District, 
and the Imperial Irrigation District have filed notices of appeal 
with the United States Court of Appeals for the Ninth Circuit 
from the district court's judgment in the U.S. Suit (Nos. 93-
55389, 93-55398, and 93-55402), and the Tribe has filed a 
notice of appeal from the district court's denial of its motion 
to intervene as a matter of right (No. 92-55129). 
(9) The Court of Appeals for the Ninth Circuit has stayed 
further action on the appeals pending the outcome of settlement 
negotiations. 
(10) In 1991, the Tribe brought its own lawsuit, Torres-
Martinez Desert Cahuilla Indians, et al., v. Imperial Irrigation 
District, et al.. Case No. 91-1670 J (LSP) (hereafter in this 
section referred to as the "Indian Suit") in the United States 
District Court, Southern District of California, against the two 
water districts, and amended the complaint to include as a 
plaintiff, Mary Resvaloso, in her own right, and as class rep-
resentative of all other affected Indian allotment owners. 
114 STAT. 2908 
PUBLIC LAW 106-568—DEC. 27, 2000 
(11) The Indian Suit has been stayed by the district court 
to faciUtate settlement negotiations. 
(b) PURPOSE.—^The purpose of this title is to facilitate and 
implement the settlement agreement negotiated and executed by 
the parties to the U.S. Suit and Indian Suit for the purpose of 
resolving their conflicting claims to their mutual satisfaction and 
in the public interest. 
25 use 1778a. 
SEC. 603. DEFINITIONS. 
For the purposes of this title: 
(1) TRIBE.—^The term "Tribe" means the Torres-Martinez 
Desert Cahuilla Indians, a federally recognized Indian tribe 
with a reservation located in Riverside and Imperial Counties, 
California. 
(2) ALLOTTEES.—^The term "allottees" means those indi-
vidual Tribe members, their successors, heirs, and assigns, 
who have individual ownership of allotted Indian trust lands 
within the Torres-Martinez Indian Reservation. 
(3) SALTON SEA.—The term "Salton Sea" means the inland 
body of water located in Riverside and Imperial Counties which 
serves as a drainage reservoir for water from precipitation, 
natural runoff, irrigation return flows, wastewater, floods, and 
other inflow from within its watershed area. 
(4) SETTLEMENT AGREEMENT.—^The term "Settlement Agree-
ment" means the Agreement of Compromise and Settlement 
Concerning Claims to the Lands of the United States Within 
and on the Perimeter of the Salton Sea Drainage Reservoir 
Held in Trust for the Torres-Martinez Indians executed on 
June 18, 1996, as modified by the first, second, third, and 
fourth modifications thereto. 
(5) SECRETARY.—^The term "Secretary" means the Secretary 
of the Interior. 
(6) PERMANENT FLOWAGE EASEMENT.—^The term "perma-
nent flowage easement" means the perpetual right by the water 
districts to use the described lands in the Salton Sink within 
and below the minus 220-foot contour as a drainage reservoir 
to receive and store water from their respective water and 
drainage systems, including flood water, return flows from 
irrigation, tail water, leach water, operational spills, and any 
other water which overflows and floods such lands, originating 
fi*om lands within such water districts. 
25 use 1778b. 
SEC. 604. RATIFICATION OF SETTLEMENT AGREEMENT. 
The United States hereby approves, ratifies, and confirms the 
Settlement Agreement. 
25 use 1778c. 
SEC. 605. SETTLEMENT FUNDS. 
(a) ESTABLISHMENT OF TRIBAL AND ALLOTTEES SETTLEMENT 
TRUST FUNDS ACCOUNTS.— 
(1) IN GENERAL.—^There are established in the Treasury 
of the United States three settlement trust fund accounts to 
be known as the 'Torres-Martinez Settlement Trust Funds 
Account", the 'Torres-Martinez Allottees Settlement Account 
I", and the 'Torres-Martinez Allottees Settlement Account 11", 
respectively. 
(2) AVAILABILITY.—^Amounts held in the Torres-Martinez 
Settlement Trust Funds Account, the Torres-Martinez Allottees 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2909 
Settlement Account I, and the Torres-Martinez Allottees Settle-
ment Account II shall be available to the Secretary for distribu-
tion to the Tribe and affected allottees in accordance with 
subsection (c). 
(b) CONTRIBUTIONS TO THE SETTLEMENT TRUST FUNDS.— 
(1) IN GENERAL.—^Amounts paid to the Secretary for deposit 
into the trust fund accounts established by subsection (a) shall 
be allocated among and deposited in the trust accounts in 
the amounts determined by the tribal-allottee allocation provi-
sions of the Settlement Agreement. 
(2) CASH PAYMENTS BY COACHELLA VALLEY WATER DIS-
TRICT.—^Within the time, in the manner, and upon the condi-
tions specified in the Settlement Agreement, the Coachella 
Valley Water District shall pay the sum of $337,908.41 to 
the United States for the benefit of the Tribe and any Eiffected 
allottees. 
(3) CASH PAYMENTS BY IMPERIAL IRRIGATION DISTRICT.— 
Withdn the time, in the manner, and upon the conditions speci-
fied in the Settlement Agreement, the Imperial Irrigation Dis-
trict shall pay the sum of $3,670,694.33 to the United States 
for the benefit of the Tribe and any affected allottees. 
(4) CASH PAYMENTS BY THE UNITED STATES.—^Within the 
time and upon the conditions specified in the Settlement Agree-
ment, the United States shall pay into the three separate 
tribal and allottee trust fund accounts the total sum of 
$10,200,000, of which sum— 
(A) $4,200,000 shall be provided from moneys appro-
priated by Congress under section 1304 of title 31, United 
States Code, the conditions of which are deemed to have 
been met, including those of section 2414 of title 28, United 
States Code; and 
(B) $6,000,000 shall be provided from moneys appro-
priated by Congress for this specific purpose to the Sec-
retary. 
(5) ADDITIONAL PAYMENTS.—^In the event that any of the 
sums described in paragraph (2) or (3) are not timely paid 
by the Coachella Valley Water District or the Imperial Irriga-
tion District, as the case may be, the delinquent payor shall 
pay an additional sum equal to 10 percent interest annually 
on the amount outstanding daily, compounded yearly on 
December 31 of each respective year, until all outstanding 
amounts due have been paid in full. 
(6) 
SEVERALLY LIABLE FOR PAYMENTS.—^The Coachella 
Valley Water District, the Imperial Irrigation District, and 
the United States shall each be severally liable, but not jointly 
liable, for its respective obligation to make the payments speci-
fied by this subsection. 
(c) ADMINISTRATION OF SETTLEMENT TRUST FUNDS.—^The Sec-
retary shall administer and distribute funds held in the Torres-
Martinez Settlement Trust Funds Account, the Torres-Martinez 
Allottees Settlement Account I, and the Torres-Martinez Allottees 
Settlement Account II in accordance with the terms and conditions 
of the Settlement Agreement. 
SEC. 606. TRUST LAND ACQUISITION AND STATUS. 
25 USC 1778d. 
(a) ACQUISITION AND PLACEMENT OF LANDS INTO TRUST.— 
114 STAT. 2910 
PUBLIC LAW 106-568—DEC. 27, 2000 
(1) IN GENERAL.—The Secretary shall convey into trust 
status lands purchased or otherwise acquired by the Tribe 
within the areas described in paragraphs (2) and (3) in an 
amount not to exceed 11,800 acres in accordance with the 
terms, conditions, criteria, and procedures set forth in the 
Settlement Agreement and this title. Subject to such terms, 
conditions, criteria, and procedures, all lands purchased or 
otherwise acquired by the Tribe and conveyed into trust status 
for the benefit of the Tribe pursuant to the Settlement Agree-
ment and this title shall be considered as if such lands were 
so acquired in trust status in 1909 except as: (i) to water 
rights as provided in subsection (c); and (ii) to valid rights 
existing at the time of acquisition pursuant to this title. 
(2) PRIMARY ACQUISITION AREA.— 
(A) IN GENERAL.—The primary area within which lands 
may be acquired pursuant to paragraph (1) consists of 
the lands located in the Primary Acquisition Area, as 
defined in the Settlement Agreement. The amount of acre-
age that may be acquired from such area is 11,800 acres 
less the number of acres acquired and conveyed into trust 
under paragraph (3). 
(B) EFFECT OF OBJECTION.—Lands referred 
to in 
subparagraph (A) may not be acquired pursuant to para-
graph (1) if by majority vote the governing body of the 
city within whose incorporated boundaries (as such bound-
aries exist on the date of the Settlement Agreement) the 
subject lands are situated within formally objects to the 
Tribe's request to convey the subject lands into trust and 
notifies the Secretary of such objection in writing within 
60 days of receiving a copy of the Tribe's request in accord-
ance with the Settlement Agreement. Upon receipt of such 
a notification, the Secretary shall deny the acquisition 
request. 
(3) SECONDARY ACQUISITION AREA.— 
(A) IN GENERAL.—^Not more thgoi 640 acres of land 
may be acquired pursuant to paragraph (1) from those 
certain lands located in the Secondary Acquisition Area, 
as defined in the Settlement Agreement. 
(B) EFFECT OF OBJECTION.—Lands referred 
to in 
subparagraph (A) may not be acquired pursuant to para-
graph (1) if by majority vote— 
(i) the governing body of the city within whose 
incorporated boundaries (as such boundaries exist on 
the date of the Settlement Agreement) the subject 
lands are situated within; or 
Deadline. 
(ii) the governing body of Riverside County, Cali-
fornia, in the event that such lands are located within 
an unincorporated area, 
formally objects to the Tribe's request to convey the subject 
lands into trust and notifies the Secretary of such objection 
in writing within 60 days of receiving a copy of the Tribe's 
request in accordance with the Settlement Agreement. 
Upon receipt of such a notification, the Secretary shall 
deny the acquisition request. 
(4) CONTIGUOUS LANDS.—^The Secretary shall not take any 
lands into trust for the Tribe under generally applicable Federal 
statutes or regulations where such lands are both— 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2911 
(A) contiguous to any lands within the Secondary 
Acquisition Area that are taken into trust pursuant to 
the terms of the Settlement Agreement and this title; and 
(B) situated outside the Secondary Acquisition Area. 
(b) RESTRICTIONS ON GAMING.—^The Tribe may conduct gaming 
on only one site within the lands acquired pursuant to subsection 
6(a)(1) as more particularly provided in the Settlement Agreement. 
(c) WATER RIGHTS.—^All lands acquired by the Tribe under 
subsection (a) shall— 
(1) be subject to all valid water rights existing at the 
time of tribal acquisition, including (but not limited to) all 
rights under any permit or license issued under the laws of 
the State of Califomia to commence an appropriation of water, 
to appropriate water, or to increase the amount of water appro-
priated; 
(2) be subject to the paramount rights of any person who 
at any time recharges or stores water in a ground water basin 
to recapture or recover the recharged or stored water or to 
authorize others to recapture or recover the recharged or stored 
water; and 
(3) continue to enjoy all valid water rights appurtenant 
to the land existing immediately prior to the time of tribal 
acquisition. 
SEC. 607. PERMANENT FLOWAGE EASEMENTS. 
25 USC 1778e. 
(a) CONVEYANCE OF EASEMENT TO COACHELLA VALLEY WATER 
DISTRICT.— 
(1) TRIBAL INTEREST.—The United States, in its capacity 
as trustee for the Tribe, as well as for any affected Indian 
allotment owners, and their successors and assigns, and the 
Tribe in its own right and that of its successors and assigns, 
shall convey to the Coachella Valley Water District a permanent 
flowage easement as to all Indian trust lands (approximately 
11,800 acres) located within and below the minus 220-foot 
contour of the Salton Sink, in accordance with the terms and 
conditions of the Settlement Agreement. 
(2) UNITED STATES INTEREST.—^The United States, in its 
own right shall, notwithstanding any prior or present reserva-
tion or withdrawal of land of any kind, convey to the Coachella 
Valley Water District a permanent flowage easement as to 
all Federal lands (approximately 110,000 acres) located within 
and below the minus 220-foot contour of the Salton Sink, in 
accordance with the terms and conditions of the Settlement 
Agreement. 
(b) CONVEYANCE OF EASEMENT TO IMPERIAL IRRIGATION DIS-
TRICT.— 
(1) TRIBAL INTEREST.—^The United States, in its capacity 
as trustee for the Tribe, as well as for any affected Indian 
allotment owners, and their successors and assigns, and the 
Tribe in its own right and that of its successors and assigns, 
shall grant and convey to the Imperial Irrigation District a 
permanent flowage easement as to all Indian trust lands 
(approximately 11,800 acres) located within and below the 
minus 220-foot contour of the Salton Sink, in accordance with 
the terms and conditions of the Settlement Agreement. 
79-194 O - 00 - 29 : QL 3 Part 5 
114 STAT. 2912 
PUBLIC LAW 106-568—DEC. 27, 2000 
25 use 1778f. 
25 use 1778g. 
25 use 1778h. 
25 use 1778 
note. 
(2) UNITED STATES.—The United States, in its own right 
shall, notwithstanding any prior or present reservation or with-
drawal of land of any kind, grant and convey to the Imperial 
Irrigation District a permanent flowage easement as to all 
Federal lands (approximately 110,000 acres) located within and 
below the minus 220-foot contour of the Salton Sink, in accord-
ance with the terms and conditions of the Settlement Agree-
ment. 
SEC. 608. SATISFACTION OF CLAIMS, WAIVERS, AND RELEASES. 
(a) SATISFACTION OF CLAIMS.—The benefits available to the 
Tribe and the allottees under the terms and conditions of the 
Settlement Agreement and the provisions of this title shall con-
stitute full and complete satisfaction of the claims by the Tribe 
and the allottees arising from or related to the inundation and 
lack of drainage of tribal and allottee lands described in section 
602 of this title and further defined in the Settlement Agreement. 
(b) APPROVAL OF WAIVERS AND RELEASES.—The United States 
hereby approves and confirms the releases and waivers required 
by the Settlement Agreement and this title. 
SEC. 609. MISCELLANEOUS PROVISIONS. 
(a) ELIGIBILITY FOR BENEFITS.—^Nothing in this title or the 
Settlement Agreement shall affect the eligibility of the Tribe or 
its members for any Federal program or diminish the trust responsi-
bility of the United States to the Tribe and its members. 
(b) ELIGIBILITY FOR OTHER SERVICES NOT AFFECTED.—No pay-
ment pursuant to this title shall result in the reduction or denial 
of any Federal services or programs to the Tribe or to members 
of the Tribe, to which they are entitled or eligible because of 
their status as a federally recognized Indian tribe or member of 
the Tribe. 
(c) PRESERVATION OF EXISTING RIGHTS.—Except as provided 
in this title or the Settlement Agreement, any right to which the 
Tribe is entitled under existing law shall not be affected or dimin-
ished. 
(d) AMENDMENT OF SETTLEMENT AGREEMENT.—The Settlement 
Agreement may be amended from time to time in accordance with 
its terms and conditions to the extent that such amendments are 
not inconsistent with the trust land acquisition provisions of the 
Settlement Agreement, as such provisions existed on— 
(1) the date of the enactment of this Act, in the case 
of Modifications One and Three; and 
(2) September 14, 2000, in the case of Modification Four. 
SEC. 610. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this title. 
SEC. 611. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided by subsection (b), this 
title shall take effect on the date of the enactment of this Act. 
(b) EXCEPTION.—Sections 4, 5, 6, 7, and 8 shall take effect 
on the date on which the Secretary determines the following condi-
tions have been met: 
(1) The Tribe agrees to the Settlement Agreement and 
the provisions of this title and executes the releases and waivers 
required by the Settlement Agreement and this title. 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2913 
(2) The Coachella Valley Water District agrees to the Settle-
ment Agreement and to the provisions of this title. 
(3) The Imperial Irrigation District agrees to the Settlement 
Agreement and to the provisions of this title. 
TITLE VII—SHAWNEE TRIBE STATUS 
SEC. 701. SHORT TITLE. 
This title may be cited as the "Shawnee Tribe Status Act 
of 2000". 
SEC. 702. FINDINGS. 
Congress finds the following: 
(1) The Cherokee Shawnees, also known as the Loyal Shaw-
nees, are recognized as the descendants of the Shawnee Tribe 
which was incorporated into the Cherokee Nation of Indians 
of Oklahoma pursuant to an agreement entered into by and 
between the Shawnee Tribe and the Cherokee Nation on Jime 
7, 1869, and approved by the President on June 9, 1869, in 
accordance with Article XV of the July 19, 1866, Treaty between 
the United States and the Cherokee Nation (14 Stat. 799). 
(2) The Shawnee Tribe from and after its incorporation 
and its merger with the Cherokee Nation has continued to 
maintain the Shawnee Tribe's separate culture, language, reli-
gion, and organization, and a separate membership roll. 
(3) The Shawnee Tribe and the Cherokee Nation have 
concluded that it is in the best interests of the Shawnee Tribe 
and the Cherokee Nation that the Shawnee Tribe be restored 
to its position as a separate federally recognized Indian tribe 
and all current and historical responsibilities, jurisdiction, and 
sovereignty as it relates to the Shawnee Tribe, the Cherokee-
Shawnee people, and their properties everywhere, provided that 
civil and criminal jurisdiction over Shawnee individually owned 
restricted and trust lands, Shawnee tribal trust 
lands, 
dependent Indian communities, and all other forms of Indian 
country within the jurisdictional territory of the Cherokee 
Nation and located within the State of Oklahoma shall remain 
with the Cherokee Nation, unless consent is obtained by the 
Shawnee Tribe from the Cherokee Nation to assume all or 
any portion of such jurisdiction. 
(4) On August 12, 1996, the Tribal Council of the Cherokee 
Nation unanimously adopted Resolution 96-09 supporting the 
termination by the Secretary of the Interior of the 1869 i^^ee-
ment. 
(5) On July 23, 1996, the Shawnee Tribal Business Com-
mittee concurred in such resolution. 
(6) On March 13, 2000, a second resolution was adopted 
by the Tribal Council of the Cherokee Nation (Resolution 15-
00) supporting the submission of this legislation to Congress 
for enactment. 
SEC. 703. DEFINITIONS. 
In this title: 
(1) 
CHEROKEE 
NATION.—^The term "Cherokee Nation" 
means the Cherokee Nation, with its headquarters located in 
Tahlequah, Oklahoma. 
Shawnee Tribe 
Status Act of 
2000. 
25 use 1041 
note. 
25 use 1041. 
25 use 1041a. 
114 STAT. 2914 
PUBLIC LAW 106-568—DEC. 27, 2000 
(2) SECRETARY.—^The term "Secretary" means the Secretary 
of the Interior. 
(3) TRIBE.—The term "Tribe" means the Shawnee Tribe, 
known also as the "Loyal Shawnee" or "Cherokee Shawnee", 
which was a party to the 1869 Agreement between the Cherokee 
Nation and the Shawnee Tribe of Indians. 
(4) TRUST LAND.—The term "trust land" means land, the 
title to which is held by the United States in trust for the 
benefit of an Indian tribe or individual. 
(5) RESTRICTED LAND.—^The term "restricted land" means 
any land, the title to which is held in the name of an Indian 
or Indian tribe subject to restrictions by the United States 
against alienation. 
25 use 1041b. 
SEC. 704. FEDERAL RECOGNITION, TRUST RELATIONSfflP, AND PRO-
GRAM EUGIBILITY. 
(a) FEDERAL RECOGNITION.—^The Federal recognition of the 
Tribe and the trust relationship between the United States and 
the Tribe are hereby reaffirmed. Except as otherwise provided in 
this title, the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 
501 et seq.) (commonly known as the "Oklahoma Indian Welfare 
Act"), and all laws and rules of law of the United States of general 
application to Indians, Indian tribes, or Indian reservations which 
are not inconsistent with this title shall apply to the Tribe, and 
to its members and lands. The Tribe is hereby recognized as an 
independent tribal entity, separate from the Cherokee Nation or 
any other Indian tribe. 
(b) PROGRAM ELIGIBILITY.— 
(1) IN GENERAL.—Subject to the provisions of this sub-
section, the Tribe and its members are eligible for all special 
programs and services provided by the United States to Indians 
because of their status as Indians. 
(2) CONTINUATION OF BENEFITS.—^Except as provided in 
paragraph (3), the members of the Tribe who are residing 
on land recognized by the Secretary to be within the Cherokee 
Nation and eligible for Federal program services or benefits 
through the Cherokee Nation shall receive such services or 
benefits through the Cherokee Nation. 
(3) ADMINISTRATION BY TRIBE.—The Tribe shall be eligible 
to apply for and administer the special programs and services 
provided by the United States to Indians because of their 
status as Indians, including such programs and services within 
land recognized by the Secretary to be within the Cherokee 
Nation, in accordance with applicable laws and regulations 
to the same extent that the Cherokee Nation is eligible to 
apply for and administer programs and services, but only— 
(A) if the Cherokee Nation consents to the operation 
by the Tribe of federally funded programs and services; 
(B) if the benefits of such programs or services are 
to be provided to members of the Tribe in areas recognized 
by the Secretary to be under the jurisdiction of the Tribe 
and outside of land recognized by the Secretary to be 
within the Cherokee Nation, so long as those members 
are not receiving such programs or services from another 
Indian tribe; or 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2915 
(C) if under applicable provisions of Federal law, the 
Cherokee Nation is not eligible to apply for and administer 
such programs or services. 
(4) DUPLICATION OF SERVICES NOT ALLOWED.—^The Tribe 
shall not be eligible to apply for or administer any Federal 
programs or services on behalf of Indians recipients if such 
, recipients are receiving or are eligible to receive the same 
federally funded programs or services from the Cherokee 
Nation. 
(5) COOPERATIVE AGREEMENTS.—Nothing in this section 
shall restrict the Tribe and the Cherokee Nation from entering 
into cooperative agreements to provide such programs or serv-
ices and such funding agreements shall be honored by Federal 
agencies, unless otherwise prohibited by law. 
SEC. 705. ESTABLISHMENT OF A TRIBAL ROLL. 
25 USC 1041c. 
(a) APPROVAL OF BASE ROLL.—^Not later than 180 days after 
Deadline, 
the date of the enactment of this Act, the Tribe shall submit 
to the Secretary for approval its base membership roll, which shall 
include only individuals who are not members of any other federally 
recognized Indian tribe or who have relinquished membership in 
such tribe and are eligible for membership under subsection (b). 
(b) BASE ROLL ELIGIBILITY.—An individual is ehgible for enroll-
ment on the base membership roll of the Tribe if that individual— 
(1) is on, or eligible to be on, the membership roll of 
Cherokee Shawnees maintained by the Tribe prior to the date 
of the enactment of this Act which is separate from the member-
ship roll of the Cherokee Nation; or 
(2) is a lineal descendant of any person— 
(A) who was issued a restricted fee patent to land 
pursuant to Article 2 of the Treaty of May 10, 1854, 
between the United States and the Tribe (10 Stat. 1053); 
or 
(B) whose name was included on the 1871 Register 
of names of those members of the Tribe who moved to, 
and located in, the Cherokee Nation in Indian Territory 
pursuant to the Agreement entered into by and between 
the Tribe and the Cherokee Nation on June 7, 1869. 
(c) FUTURE MEMBERSHIP.—Future membership th. the Tribe 
shall be as determined under the eligibility requirements set out 
in subsection (b)(2) or under such future membership ordin^ce 
as the Tribe may adopt. 
SEC. 706. ORGANIZATION OF THE TRIBE; TRIBAL CONSTITUTION. 
25 USC 1041d. 
(a) 
EXISTING 
CONSTITUTION AND GOVERNING 
BODY.—^The 
existing constitution and bylaws of the Cherokee Shawnee and 
the officers and members of the Shawnee Tribal Business Com-
mittee, as constituted on the date of the enactment of this Act, 
are hereby recognized respectively as the governing documents and 
governing body of the Tribe. 
(b) CONSTITUTION.—^Notwithstanding subsection (a), the Tribe 
shall have a right to reorganize its tribal government pursuant 
to section 3 of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 
503). 
SEC. 707. TRIBAL LAND. 
25 USC 1041e. 
(a) LAND ACQUISITION.— 
114 STAT. 2916 
PUBLIC LAW 106-568—DEC. 27, 2000 
(1) IN GE^fERAL.—The Tribe shall be eligible to have land 
acquired in trust for its benefit pursuant to section 5 of the 
Act of June 18, 1934 (48 Stat. 985; 25 U.S.C. 465) and section 
1 of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 501). 
(2) CERTAIN LAND IN OKLAHOMA.—^Notwithstanding any 
other provision of law but subject to subsection (b), if the 
Tribe transfers any land within the boundaries of the State 
of Oklahoma to the Secretary, the Secretary shall take such 
land into trust for the benefit of the Tribe. 
(b) RESTRICTION.—^No land recognized by the Secretary to be 
within the Cherokee Nation or any other Indian tribe may be 
taken into trust for the benefit of the Tribe under this section 
without the consent of the Cherokee Nation or such other tribe, 
respectively. 
25 u s e 1041f. 
SEC. 708. JURISDICTION. 
(a) IN GENERAL.—^The Tribe shall have jurisdiction over trust 
land and restricted land of the Tribe and its members to the 
same extent that the Cherokee Nation has jurisdiction over land 
recognized by the Secretary to be within the Cherokee Nation 
and its members, but only if such land— 
(1) is not recognized by the Secretary to be within the 
jurisdiction of another federally recognized tribe; or 
(2) has been placed in trust or restricted status with the 
consent of the federally recognized tribe within whose jurisdic-
tion the Secretary recognizes the land to be, and only to the 
extent that the TVibe's jurisdiction has been agreed to by that 
host tribe. 
(b) RULE OF CONSTRUCTION.—^Nothing in this title shall be 
construed to diminish or otherwise limit the jurisdiction of any 
Indian tribe that is federally recognized on the day before the 
date of the enactment of this Act over trust land, restricted land, 
or other forms of Indian country of that Indian tribe on such 
date. 
25 u s e 1041g. 
SEC. 709. INDIVIDUAL INDIAN LAND. 
Nothing in this title shall be construed to affect the restrictions 
against alienation of any individual Indian's land and those restric-
tions shall continue in force and effect. 
25USei041h. 
SEC. 710. TREATIES NOT AFFECTED. 
No provision of this title shall be construed to constitute an 
amendment, modification, or interpretation of any treaty to which 
a tribe referred to in this title is a party nor to any right secured 
to such a tribe or to any other tribe by any treaty. 
Native American 
Laws Technical 
Corrections Act 
of2000. 
25 u s e 450 note. 
TITLE VIII—TECHNICAL CORRECTIONS 
SEC. 801. SHORT TITLE. 
This title may be cited as the "Native American Laws Technical 
Corrections Act of 2000". 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2917 
Subtitle A—Miscellaneous Technical 
Provisions 
SEC. 811. TECHNICAL CORRECTION TO AN ACT AFFECTING THE 
STATUS OF MISSISSIPPI CHOCTAW LANDS AND ADDING 
SUCH LANDS TO THE CHOCTAW RESERVATION. 
Section 1(a)(2) of Public Law 106-228 (an Act to make technical Ante, p. 462. 
corrections to the status of certain land held in trust for the Mis-
sissippi Band of Choctaw Indians, to take certain land into trust 
for that Band, and for other purposes) is amended by striking 
"September 28, 1999" and inserting "February 7, 2000". 
SEC. 812. TECHNICAL CORRECTIONS CONCERNING THE FIVE CIV-
ILIZED TRIBES OF OKLAHOMA. 
(a) INDIAN SELF-DETERMINATION ACT.—Section l(b)(15)(A) of 
the model agreement set forth in section 108(c) of the Indian Self-
Determination Act (25 U.S.C. 4501(c)) is amended— 
(1) by striking "and section 16" and inserting ", section 
16"; and 
(2) by striking "shall not" and inserting "and the Act of 
July 3, 1952 (25 U.S.C. 82a), shall not". 
(b) INDIAN SELF-DETERMINATION AND EDUCATION 
ASSISTANCE 
ACT.—-Section 403(h)(2) of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 458cc(h)(2)) is amended— 
(1) by striking "and section" and inserting "section"; and 
(2) by striking "shall not" and inserting "and the Act of 
July 3, 1952 (25 U.S.C. 82a), shall not". 
(c) REPEALS.—^The following provisions of law are repealed: 
(1) Section 2106 of the Revised Statutes (25 U.S.C. 84). 
(2) Sections 438 and 439 of title 18, United States Code. 
SEC. 813. 
WAIVER OF 
REPAYMENT OF 
EXPERT 
ASSISTANCE LOANS 
TO 
THE 
RED 
LAKE BAND OF 
CHIPPEWA INDIANS 
AND 
THE 
MINNESOTA 
CHIPPEWA 
TRIBES. 
(a) RED LAKE BAND OF CHIPPEWA INDIANS.—Notwithstanding 
any other provision of law, the balances of all expert assistance 
loans made to the Red Lake Band of Chippewa Indians under 
the authority of Public Law 88-168 (77 Stat. 301), and relating 
to Red Lake Band v. United States (United States Court of Federal 
Claims Docket Nos. 189 A, B, C), are canceled and the Secretary 
of the Interior shall take such action as may be necessary to 
document such cancellation and to release the Red Lake Band 
of Chippewa Indians from any liability associated with such loans. 
(b) MINNESOTA CHIPPEWA TRIBE.—Notwithstanding any other 
provision of law, the balances of all expert assistance loans made 
to the Minnesota Chippewa Tribe under the authority of Public 
Law 88-168 (77 Stat. 301), and relating to Minnesota Chippewa 
Tribe v. United States (United States Court of Federal Claims 
Docket Nos. 19 and 188), are canceled and the Secretary of the 
Interior shall take such action as may be necessary to document 
such cancellation and to release the Minnesota Chippewa Tribe 
from any liability associated with such loans. 
114 STAT. 2918 
PUBLIC LAW 106-568—DEC. 27, 2000 
SEC. 814. TECHNICAL AMENDMENT TO THE INDIAN CHILD PROTEC-
TION AND FAMILY VIOLENCE PROTECTION ACT. 
Section 408(b) of the Indian Child Protection and Family 
Violence Prevention Act (25 U.S.C. 3207(b)) is amended— 
(1) by striking "any offense" and inserting "any felonious 
offense, or any of two or more misdemeanor offenses,"; and 
(2) by striking "or crimes against persons" and inserting 
"crimes against persons; or offenses committed against chil-
dren". 
SEC. 815. TECHNICAL AMENDMENT TO EXTEND THE AUTHORIZATION 
PERIOD UNDER THE INDIAN HEALTH CARE IMPROVE-
MENT ACT. 
The authorization of appropriations for, and the duration of, 
each program or activity under the Indian Health Care Improve-
ment Act (25 U.S.C. 1601 et seq.) is extended through fiscal year 
2001. 
SEC. 816. TECHNICAL AMENDMENT TO EXTEND THE AUTHORIZATION 
PERIOD UNDER THE INDIAN ALCOHOL AND SUBSTANCE 
ABUSE PREVENTION AND TREATMENT ACT OF 1986. 
The authorization of appropriations for, and the duration of, 
each program or activity under the Indian Alcohol and Substance 
Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2401 
et seq.) is extended through fiscal year 2001. 
SEC. 817. MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN 
NATIONAL ENVIRONMENTAL POLICY FOUNDATION. 
(a) AUTHORITY.—Section 6(7) of the Morris K. Udall Scholarship 
and Excellence in National Environmental and Native American 
Public Policy Act of 1992 (20 U.S.C. 5604(7)) is amended by inserting 
before the semicolon at the end the following: ", by conducting 
management and leadership training of Native Americans, Alaska 
Natives, and others involved in tribal leadership, providing assist-
ance and resources for policy analysis, and carrying out other appro-
priate activities.". 
(b) ADMINISTRATIVE PROVISIONS.—Section 12(b) of the Morris 
K. Udall Scholarship and Excellence in National Environmental 
and Native American Pubhc Policy Act of 1992 (20 U.S.C. 5608(b)) 
is amended by inserting before the period at the end the following: 
"and to the activities of the Foundation under section 6(7)". 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 13 of 
the 
Morris K. Udall Scholarship and Excellence in National Environ-
mental and Native American Public Policy Act of 1992 (20 U.S.C. 
5609) is amended by adding at the end the following: 
"(c) TRAINING OF PROFESSIONALS IN HEALTH CARE AND PUBLIC 
POLICY.—^There is authorized to be appropriated to carry out section 
6(7) $12,300,000 for the 5-fiscal year period beginning with the 
fiscal year in which this subsection is enacted.". 
SEC. 818. TECHNICAL AMENDMENT REGARDING THE TREATMENT OF 
CERTAIN INCOME FOR PURPOSES OF FEDERAL ASSIST-
ANCE. 
Section 7 of the Act of October 19, 1973 (25 U.S.C. 1407) 
is amended— 
(1) in paragraph (2), by striking "or" at the end; 
(2) in paragraph (3), by adding "or" at the end; and 
(3) by inserting after paragraph (3), the following: 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2919 
"(4) are paid by the State of Minnesota to the Bois Forte 
Band of Chippewa Indians pursuant to the agreements of such 
Band to voluntarily restrict tribal rights to hunt and fish in 
territory cede under the Treaty of September 30, 1854 (10 
Stat. 1109), including all interest accrued on such funds during 
any period in which such funds are held in a minor's trust,". 
SEC. 819. LAND TO BE TAKEN INTO TRUST, 
Notwithstanding any other provision of law, the Secretary of 
the Interior shall accept for the benefit of the Lytton Rancheria 
of California the land described in that certain grant deed dated 
and recorded on October 16, 2000, in the official records of the 
County of Contra Costa, California, Deed Instrument Number 2000-
229754. The Secretary shall declare that such land is held in 
trust by the United States for the benefit of the Rancheria and 
that such land is part of the reservation of such Rancheria under 
sections 5 and 7 of the Act of June 18, 1934 (48 Stat. 985; 25 
U.S.C. 467). Such land shall be deemed to have been held in 
trust and part of the reservation of the Rancheria prior to October 
17,1988. 
Subtitle B—Santa Fe Indian School 
santaFe Indian 
School Act. 
SEC. 821. SHORT TITLE. 
-
This subtitle may be cited as the "Santa Fe Indian School 
Act". 
SEC. 822. DEFINITIONS. 
In this subtitle: 
(1) 19 PUEBLOS.—The term "19 Pueblos" means the Indian 
pueblos of Acoma, Cochiti Isleta, Jemen, Laguna, Nambe, 
Picuris, Pojoaque, San Felipe, San Ildefonso, San Juan, Sandia, 
Santa Ana, Santa Clara, Santo Domingo, Taos, Tesuque, Zia, 
and Zuni. 
(2) SANTA FE INDIAN SCHOOL. INC.—The term "Santa Fe 
Indian School, Inc." means a corporation chartered under laws 
of the State of New Mexico. 
(3) SECRETARY.—^The term "Secretary" means the Secretary 
of the Interior. 
SEC. 823. TRANSFER OF CERTAIN LANDS FOR USE AS THE SANTA 
FE INDIAN SCHOOL. 
(a) IN GENERAL.—All right, title, and interest of the United 
States in and to the land, including improvements and appur-
tenances thereto, described in subsection (b) are declared to be 
held in trust for the benefit of the 19 Pueblos of New Mexico. 
(b) LAND.— 
(1) IN GENERAL.—The land described in this subsection 
is the tract of land, located in the city and county of Santa 
Fe, New Mexico, upon which the Santa Fe Indian School is 
located and more particularly described as all that certain 
real property, excluding the tracts described in paragraph (2), 
as shown in the United Sates General Land Office Plat of 
the United States Indian School Tract dated March 19, 1937, 
and recorded at Book 363, Page 024, Office of the Clerk, Santa 
Fe County, New Mexico, containing a total acreage of 131.43 
acres, more or less. 
114 STAT. 2920 
PUBLIC LAW 106-568—DEC. 27, 2000 
(2) EXCLUSIONS.—The excluded tracts described in this 
paragraph are all portions of any tracts heretofore conveyed 
by the deeds recorded in the Office of the Clerk, Santa Fe 
County, New Mexico, at— 
(A) Book 114, Page 106, containing 0.518 acres, more 
or less; 
(B) Book 122, Page 45, containing 0.238 acres, more 
or less; 
(C) Book 123, Page 228, containing 14.95, more or 
less; and 
(D) Book 130, Page 84, containing 0.227 acres, more 
or less, 
leaving, as the net acreage to be included in the land described 
in paragraph (1) and taken into trust pursuant to subsection 
(a), a tract containing 115.5 acres, more or less. 
(c) LIMITATIONS AND CONDITIONS.—^The land taken into trust 
pursuant to subsection (a) shall remain subject to— 
(1) any existing encumbrances, rights of way, restrictions, 
or easements of record; 
(2) the right of the Indian Health Service to continue 
use and occupancy of 10.23 acres of such land which are cur-
rently occupied by the Santa Fe Indian Hospital and its parking 
facilities as more fully described as Parcel "A" in legal descrip-
tion No. Pd-K-51-06-01 and recorded as Document No. 059-
3-778, Bureau of Indian Affairs Land Title & Records Office, 
Albuquerque, New Mexico; and 
(3) the right of the United States to use, without cost, 
additional portions of land transferred pursuant to this section, 
which are contiguous to the land described in paragraph (2), 
for purposes of the Indian Health Service. 
SEC. 824. LAND USE. 
(a) LIMITATION FOR EDUCATIONAL AND CULTURAL PURPOSES.— 
The land taken into trust under section 823(a) shall be used solely 
for the educational, health, or cultural purposes of the Santa Fe 
Indian School, including use for related non-profit or technical 
programs, as operated by Santa Fe Indian School, Inc. on the 
date of the enactment of this Act. 
(b) REVERSION.— 
(1) IN GENERAL.—If the Secretary determines that the land 
taken into trust under section 823(a) is not being used as 
required under subsection (a), the Secretary shall provide 
appropriate notice to the 19 Pueblos of such noncompliance 
and require the 19 Pueblos to comply with the requirements 
of this subtitle. 
(2) CONTINUED FAILURE TO COMPLY.—If the Secretary, after 
providing notice under paragraph (1) and after the expiration 
of a reasonable period of time, determines that the noncompli-
ance that was the subject of the notice has not been corrected, 
the land shall revert to the United States. 
(c) APPLICABILITY OF LAWS.—Except as otherwise provided in 
this subtitle, the land taken into trust under section 823(a) shall 
be subject to the laws of the United States relating to Indian 
lands. 
(d) GAMING.—Gaming, as defined and regulated by the Indian 
Gaming Regulatory Act (25 U.S.C. 2701 et seq.), shall be prohibited 
on the land taken into trust under subsection (a). 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2921 
TITLE IX—CALIFORNIA INDIAN LAND 
c
a
i
i
f
o
m
i
a m
d
i
a
n 
T R A N S F E R 
La.d Transfer 
SEC. 901. SHORT TITLE. 
This title may be cited as the "California Indian Land Transfer 
Act". 
SEC. 902. LANDS HELD IN TRUST FOR VARIOUS TRIBES OF CALIFORNIA 
INDIANS. 
'"' (a) IN GENERAL.—Subject to valid existing rights, all right, 
title, and interest of the United States in and to the lands, including 
improvements and appurtenances, described in a paragraph of sub-
section (b) in connection with the respective tribe, band, or group 
of Indians named in such paragraph are hereby declared to be 
held in trust by the United States for the benefit of such tribe, 
band, or group. Real property taken into trust pursuant to this 
subsection shall not be considered to have been taken into trust 
for gaming (as that term is used in the Indian Gaming Regulatory 
Act (25 U.S.C. 2701 et seq.)). 
(b) LANDS DESCRIBED.—^The lands described in this subsection, 
comprising approximately 3,525.8 acres, and the respective tribe, 
band, or group, are as follows: 
(1) PIT RIVER TRIBE.—Lands to be held in trust for the 
Pit River Tribe are comprised of approximately 561.69 acres 
described as follows: 
Mount Diablo Base and Meridian 
Township 42 North, Range 13 East 
Section 3: 
Sy2 NWy4, NWy4 NWy4, 120 acres. 
Township 43 North, Range 13 East 
Section 1: 
Ny2 NEy4, 80 acres, 
Section 22: 
SEy4SEy4, 40 acres. 
Section 25: 
SEy4NWy4, 40 acres. 
Section 26: 
SWy4 SEy4, 40 acres. 
Section 27: 
SEV4NWy4, 40 acres. 
Section 28: 
NEy4 SWy4, 40 acres, 
Section 32: 
SEy4SEV4, 40 acres. 
Section 34: 
SEy4 NWy4, 40 acres. 
Township 44 North, Range 14 East, 
Section 31: 
Sy2 SWy4, 80 acres. 
(2) FORT INDEPENDENCE COMMUNITY OF PAIUTE INDIANS.— 
Lands to be held in trust for the Fort Independence Community 
114 STAT. 2922 
PUBLIC LAW 106-568—DEC. 27, 2000 
of Paiute Indians are comprised of approximately 200.06 acres 
described as follows: 
Mount Diablo Base and Meridian 
Township 13 South, Range 34 East 
Section 1: 
Wy2 of Lot 5 in the NE±V4, Lot 3, EV2 of Lot 4, and 
Ey2 of Lot 5 in the NWy4. 
(3) BARONA GROUP OF CAPITAN GRANDE BAND OF MISSION 
INDIANS.—^Lands to be held in trust for the Barona Group 
of Capitan Grande Band of Mission Indians are comprised 
of approximately 5.03 acres described as follows: 
San Bernardino Base and Meridian 
Township 14 South, Range 2 East 
Section 7, Lot 15. 
(4) CUYAPAIPE BAND OF MISSION INDIANS.—^Lands to be 
held in trust for the Cuyapaipe Band of Mission Indians are 
comprised of approximately 1,360 acres described as follows: 
San Bernardino Base and Meridian 
Township 15 South, Range 6 East 
Section 21: 
All of this section. 
Section 31: 
NEy4, Ny2SEy4, SEy4SEy4. 
Section 32: 
wy2swy4, NEy4Swy4, Nwy4SEy4. 
Section 33: 
SE V4, swy4swy4, E y2swy4. 
(5) MANZANITA BAND OF MISSION INDIANS.—Lands to be 
held in trust for the Manzanita Band of Mission Indians are 
comprised of approximately 1,000.78 acres described as follows: 
San Bernardino Base and Meridian 
Township 16 South, Range 6 East 
Section 21: 
Lots 1, 2, 3, and 4, SV2. 
Section 25: 
Lots 2 and 5. 
Section 28: 
Lots, 1, 2, 3, and 4, 
^V^S'EVA. 
(6) MORONGO BAND OF MISSION INDIANS.—Lands to be held 
in trust for the Morongo Band of Mission Indians are comprised 
of approximately 40 acres described as follows: 
San Bernardino Base and Meridian 
Township 3 South, Range 2 East 
Section 20: 
Nwy4ofNEy4. 
(7) PALA BAND OF MISSION INDIANS.—Lands to be held 
in trust for the Pala Band of Mission Indians are comprised 
of approximately 59.20 acres described as follows: 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2923 
San Bernardino Base and Meridian 
Township 9 South, Range 2 West 
Section 13, Lot 1, and Section 14, Lots 1, 2, 3. 
(8) FORT BIDWELL COMMUNITY OF PAIUTE INDIANS.—Lands 
to be held in trust for the Fort Bidwell Community of Paiute 
Indians are comprised of approximately 299.04 acres described 
as follows: 
Mount Diablo Base and Meridian 
Township 46 North, Range 16 East 
Section 8: 
SW^SWV^. 
Section 19: 
Lots5, 6, 7. 
sv2NEy4, SEy4Nwy4, NEy4SEy4. 
Section 20: 
L o t L 
• 
• 
'-'•• 
• - - 
. 
SEC. 903. MISCELLANEOUS PROVISIONS. 
(a) PROCEEDS FROM RENTS AND ROYALTIES TRANSFERRED TO 
INDIANS.—Amounts which accrue to the United States after the 
date of the enactment of this Act from sales, bonuses, royalties, 
and rentals relating to any land described in section 902 shall 
be available for use or obligation, in such manner and for such 
purposes as the Secretary may approve, by the tribe, band, or 
group of Indians for whose benefit such land is taken into trust. 
(b) NOTICE OF CANCELLATION OF GRAZING PREFERENCES.— 
Grazing preferences on lands described in section 902 shall termi-
nate 2 years after the date of the enactment of this Act. 
1 (c) LAWS GOVERNING LANDS TO B E HELD IN TRUST.— 
(1) IN GENERAL.—^Any lands which are to be held in trust 
for the benefit of any tribe, band, or group of Indians pursuant 
to this Act shall be added to the existing reservation of the 
tribe, band, or group, and the official boundaries of the reserva-
tion shall be modified accordingly. 
(2) APPLICABILITY OF LAWS OF THE UNITED STATES.—The 
lands referred to in paragraph (1) shall be subject to the laws 
of the United States relating to Indian land in the same manner 
and to the same extent as other lands held in trust for such 
tribe, band, or group on the day before the date of the enactment 
of this Act. 
TITLE X—NATIVE AMERICAN 
HOMEOWNERSHIP 
SEC. 1001. LANDS TITLE REPORT COMMISSION. 
25 USC 4043 
(a) ESTABLISHMENT.—Subject to sums being provided in 
advance in appropriations Acts, there is established a Commission 
to be known as the Lands Title Report Commission (hereafter 
in this section referred to as the "Commission") to facilitate home 
loan mortgages on Indian trust lands. The Commission will be 
subject to oversight by the Committee on Banking and Financial 
114 STAT. 2924 
PUBLIC LAW 106-568—DEC. 27, 2000 
Services of the House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate. 
(b) MEMBERSHIP.— 
(1) APPOINTMENT.—The Commission shall be composed of 
12 members, appointed not later than 90 days after the date 
of the enactment of this Act as follows: 
(A) Four members shall be appointed by the President. 
(B) Four members shall be appointed by the chair-
person of the Committee on Banking and Financial Services 
of the House of Representatives. 
(C) Four members shall be appointed by the chair-
person of the Committee on Banking, Housing, and Urban 
Affairs of the Senate. 
(2) QUALIFICATIONS.— 
(A) MEMBERS OF TRIBES.—^At all times, not less than 
eight of the members of the Commission shall be members 
of federally recognized Indian tribes. 
(B) EXPERIENCE IN LAND TITLE MATTERS.-~A11 members 
of the Commission shall have experience in and knowledge 
of land title matters relating to Indian trust lands. 
(3) CHAIRPERSON,—^The Chairperson of the Commission 
shall be one of the members of the Commission appointed 
under paragraph (1)(C), as elected by the members of the 
Commission. 
(4) VACANCIES.—^Any vacancy on the Commission shall not 
affect its powers, but shsill be filled in the manner in which 
the original appointment was made. 
(5) TRAVEL EXPENSES.—^Members of the Commission shall 
serve without pay, but each member shall receive travel 
expenses, including per diem in lieu of subsistence, in accord-
ance with sections 5702 and 5703 of title 5, United States 
Code. 
(c) INITIAL MEETING.—^The Chairperson of the Commission shall 
call the initial meeting of the Commission. Such meeting shall 
be held within 30 days after the Chairperson of the Commission 
determines that sums sufficient for the Commission to carry out 
its duties under this Act have been appropriated for such purpose. 
(d) DUTIES.—^The Commission shall analyze the system of the 
Bureau of Indian Affairs of the Department of the Interior for 
maintaining land ownership records and title documents and issuing 
certified title status reports relating to Indian trust lands and, 
pursuant to such analysis, determine how best to improve or replace 
the system— 
(1) to ensure prompt and accurate responses to requests 
for title status reports; 
(2) to eliminate any backlog of requests for title status 
reports; and 
(3) to ensure that the administration of the system will 
not in any way impair or restrict the ability of Native Ameri-
c£ms to obtain conventional loans for purchase of residences 
located on Indian trust lands, including any actions necessary 
to ensure that the system will promptly be able to meet future 
demands for certified title status reports, taking into account 
the anticipated complexity and volume of such requests. 
Deadline. 
(e) REPORT.—Not later than the date of the termination of 
the Commission under subsection (h), the Commission shall submit 
a report to the Committee on Banking and Financial Services 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2925 
of the House of Representatives and the Committee on Banking, 
Housing, and Urban Affairs of the Senate describing the analysis 
and determinations made pursuant to subsection (d). 
(f) POWERS.— 
(1) HEARINGS AND SESSIONS.—The Commission may, for 
the purpose of carrying out this section, hold hearings, sit 
and act at times and places, take testimony, and receive evi-
dence as the Commission considers appropriate. 
(2) STAFF OF FEDERAL AGENCIES.—^Upon request of the 
Commission, the head of any Federal department or agency 
may detail, on a reimbursable basis, any of the personnel 
of that department or agency to the Commission to assist 
it in carrying out its duties under this section. 
(3) 
OBTAINING 
OFFICIAL DATA.—^The Commission may 
secure directly from any department or agency of the United 
' 
States information necessary to enable it to carry out this 
section. Upon request of the Chairperson of the Commission, 
the head of that department or agency shall furnish that 
information to the Commission. 
(4) MAILS.—^The Commission may use the United States 
mails in the same manner and under the same conditions 
as other departments and agencies of the United States. 
(5) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request 
of the Commission, the Administrator of General Services shall 
provide to the Commission, on a reimbursable basis, the 
i administrative support services necessary for the Commission 
to carry out its duties under this section. 
(6) STAFF.—^The Commission may appoint personnel as it 
considers appropriate, subject to the provisions of title 5, United 
States Code, governing appointments in the competitive service, 
and shall pay such personnel in accordance with the provisions 
of chapter 51 and subchapter III of chapter 53 of that title 
relating to classification and General Schedule pay rates. 
(g) AUTHORIZATION OF APPROPRIATIONS.—^To carry out this sec-
tion, there is authorized to be appropriated $500,000. Such sums 
shall remain available until expended. 
(h) TERMINATION.—^The Commission shall terminate 1 year 
after the date of the initial meeting of the Commission. 
SEC. 1002. LOAN GUARANTEES. 
Section 184(i) of the Housing and Community Development 
Act of 1992 (12 U.S.C. 1715z-13a(i)) is amended— 
(1) in paragraph (5), by striking subparagraph (C) and 
inserting the following new subparagraph: 
"(C) LIMITATION ON OUTSTANDING AGGREGATE PRIN-
CIPAL AMOUNT.—Subject to the limitations in subpara-
graphs (A) and (B), the Secretary may enter into commit-
ments to guarantee loans under this section in each fiscal 
year with an aggregate outstanding principal amount not 
exceeding such amount as may be provided in appropriation 
Acts for such fiscal year."; and 
(2) in paragraph (7), by striking "each of fiscal years 1997, 
1998, 1999, 2000, and 2001" and inserting "each fiscal year". 
SEC. 1003. NATIVE AMERICAN HOUSING ASSISTANCE. 
(a) RESTRICTION ON WAIVER AUTHORITY.— 
(1) IN GENERAL.—Section 101(b)(2) of the Native American 
Housing Assistance and Self-Determination Act of 1996 (25 
114 STAT. 2926 
PUBLIC LAW 106-568—DEC. 27, 2000 
U.S.C. 4111(b)(2)) is amended by striking "if the Secretary" 
and all that follows through the period at the end and inserting 
the following: "for a period of not more than 90 days, if the 
Secretary determines that an Indian tribe has not complied 
with, or is unable to comply with, those requirements due 
to exigent circumstances beyond the control of the Indian 
tribe.". 
(2) LOCAL COOPERATION AGREEMENT.—Section 101(c) of the 
Native American Housing Assistance and Self-Determination 
Act of 1996 (25 U.S.C. 4111(c)) is amended by adding at the 
end the following: 'The Secretary may waive the requirements 
of this subsection and subsection (d) if the recipient has made 
a good faith effort to fulfill the requirements of this subsection 
and subsection (d) and agrees to make payments in lieu of 
taxes to the appropriate taxing authority in an amount con-
sistent with the requirements of subsection (d)(2) until such 
time as the matter of making such payments has been resolved 
in accordance with subsection (d).". 
(b) ASSISTANCE TO FAMILIES THAT ARE NOT LOW-INCOME.— 
Section 102(c) of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4112(c)) is amended 
by adding at the end the following: 
"(6) CERTAIN FAMILIES.—^With respect to assistance pro-
vided under section 201(b)(2) by a recipient to Indian families 
that are not low-income families, evidence that there is a need 
for housing for each such family during that period that cannot 
reasonably be met without such assistance.". 
(c) ELIMINATION OF WAIVER AUTHORITY FOR SMALL TRIBES.— 
Section 102 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4112) is amended— 
(1) by striking subsection (f); and 
(2) by redesignating subsection (g) as subsection (f). 
(d) ENVIRONMENTAL COMPLIANCE.—Section 105 of the Native 
American Housing Assistance and Self-Determination Act of 1996 
(25 U.S.C. 4115) is amended by adding at the end the following: 
"(d) ENVIRONMENTAL COMPLIANCE.—^The Secretary may waive 
the requirements under this section if the Secretary determines 
that a failure on the part of a recipient to comply with provisions 
of this section— 
"(1) will not frustrate the goals of the National Environ-
mental PoHcy Act of 1969 (42 U.S.C. 4331 et seq.) or any 
other provision of law that furthers the goals of that Act; 
"(2) does not threaten the health or safety of the community 
involved by posing an immediate or long-term hazard to resi-
dents of that community; 
"(3) is a result of inadvertent error, including an incorrect 
or incomplete certification provided under subsection (c)(1); and 
"(4) may be corrected through the sole action of the 
recipient.". 
(e) ELIGIBILITY OF LAW ENFORCEMENT OFFICERS FOR HOUSING 
ASSISTANCE.—Section 201(b) of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4131(b)) 
is amended— 
(1) in paragraph (1), by striking "paragraph (2)" and 
inserting "paragraphs (2) and (4)"; 
(2) by redesignating paragraphs (4) and (5) as paragraphs 
(5) and (6), respectively; and 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2927 
(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— 
] t: 
"(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. 
114 STAT. 2928 
PUBLIC LAW 106-568—DEC. 27, 2000 
"(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.— 
Deadline. 
"(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 AVAlLABiLlTY.^After taking into consideration 
any comments of the recipient under paragraph (1), the 
Secretary-
"(A) may revise the report; and 
Deadline. 
"(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 thds 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. 
14371) 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; 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2929 
(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" £ind 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 
t 
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 
114 STAT. 2930 
PUBLIC LAW 106-568—DEC. 27, 2000 
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 pa3nnent 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 reletting to section 209 and 
inserting the following: 
"209. Noncompliance with affordable housing reqviirement.". 
(2) CERTIFICATION OF COMPLL\NCE 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).". 
Indian 
Employment, 
Training, and 
Related Services 
Demonstration 
Act Amendments 
of2000. 
25 u s e 3401 
note. 
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". 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2931 
SEC. 1102. FINDINGS, PURPOSES. 
25 USC 3401 
(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 
emplo5nnent, 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 polic3anaking 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 'agenc/ 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, emplojonent 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 
114 STAT. 2932 
PUBLIC LAW 106-568—DEC. 27, 2000 
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 agenc/'; 
(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 
25 use 3408. 
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.". 
25 use 3401 
SEC. 1104. REPORT ON EXPANDING THE OPPORTUNITIES FOR PRO-
note. 
GRAM INTEGRATION. 
Deadline. 
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 shsdl 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 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2933 
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 
Navajo Nation 
LAND LEASING 
wngX'of 
2000. 
SEC. 1201. SHORT TITLE. 
25 USC 415 note. 
This title may be cited as the ''Navajo Nation Trust Land 
Leasing Act of 2000". 
SEC. 1202. CONGRESSIONAL FINDINGS AND DECLARATION OF PUR- 
25 USC 415 note. 
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 
114 STAT. 2934 
PUBLIC LAW 106-568—DEC. 27, 2000 
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 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2935 
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; 
114 STAT. 2936 
PUBLIC LAW 106-568—DEC. 27, 2000 
American Indian 
Education 
Foundation Act 
of2000. 
"(ii) provide the Navajo Nation with a written notice of 
the alleged violation together with such written determination; 
and 
"(iii) prior to the exercise of any remedy or the rescission 
of the approval of the regulation involved and the reassumption 
of the lease approval responsibility, provide the Navajo Nation 
with a hearing on the record and a reasonable opportunity 
to cure the alleged violation.". 
TITLE XIII—AMERICAN INDIAN 
EDUCATION FOUNDATION 
25 use 450 note. 
SEC. 1301. SHORT TITLE. 
This title may be cited as the "American Indian Education 
Foundation Act of 2000". 
SEC. 1302. ESTABLISHMENT 
OF AMERICAN 
INDIAN 
EDUCATION 
FOUNDATION. 
The Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450 et seq.) is amended by adding at the end the 
following: 
**TITLE V—AMERICAN INDIAN 
EDUCATION FOUNDATION 
25 use 
458bbb. 
"SEC. 501. AMERICAN INDIAN EDUCATION FOUNDATION. 
"(a) IN GENERAL.—^As soon as practicable after the date of 
the enactment of this title, the Secretary of the Interior shall 
establish, under the laws of the District of Columbia and in accord-
ance with this title, the American Indian Education Foundation. 
"(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the 
Foundation shall have perpetual existence. 
"(c) NATURE OF CORPORATION.—The Foundation shall be a 
charitable and nonprofit federally chartered corporation and shall 
not be an agency or instrumentality of the United States. 
"(d) PLACE OF INCORPORATION AND DOMICILE.—^The Foundation 
shall be incorporated and domiciled in the District of Columbia. 
"(e) PURPOSES.—^The purposes of the Foundation shall be— 
"(1) to encourage, accept, and administer private gifts of 
real and personal property or any income therefrom or other 
interest therein for the benefit of, or in support of, the mission 
of the Office of Indian Education Programs of the Bureau 
of Indian Affairs (or its successor office); 
"(2) to undertake and conduct such other activities as will 
further the educational opportunities of American Indians who 
attend a Bureau funded school; and 
"(3) to participate with, and otherwise assist. Federal, 
State, and tribal governments, agencies, entities, and individ-
uals in undertaking and conducting activities that will further 
the educational opportunities of ionerican Indians attending 
Bureau funded schools. 
"(f) BOARD OF DIRECTORS.— 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2937 
"(1) IN GENERAL.—The Board of Directors shall be the 
governing body of the Foundation. The Board may exercise, 
or provide for the exercise of, the powers of the Foundation. 
"(2) SELECTION.—^The number of members of the Board, 
* 
the manner of their selection (including the filling of vacancies), 
and their terms of office shall be as provided in the constitution 
and bylaws of the Foundation. However, the Board shall have 
at least 11 members, two of whom shall be the Secretary 
and the Assistant Secretary of the Interior for Indian Affairs, 
who shall serve as ex officio nonvoting members, and the initial 
voting members of the Board shall be appointed by the Sec-
retary not later than 6 months after the date that the Founda-
tion is established and shall have staggered terms (as deter-
mined by the Secretary). 
"(3) QUALIFICATION.—^The members of the Board shall be 
United States citizens who are knowledgeable or experienced 
in American Indian education and shall, to the extent prac-
ticable, represent diverse points of view relating to the edu-
cation of American Indians. 
"(4) COMPENSATION.—Members of the Board shall not 
receive compensation for their services as members, but shall 
be reimbursed for actual and necessary travel and subsistence 
expenses incurred by them in the performance of the duties 
of the Foundation. 
"(g) OFFICERS.— 
' 
"(1) IN GENERAL.—^The officers of the Foundation shall be 
a secretary, elected from among the members of the Board, 
and any other officers provided for in the constitution and 
bylaws of the Foundation. 
"(2) SECRETARY OF FOUNDATION.—^The secretary shall serve, 
at the direction of the Board, as its chief operating officer 
and shall be knowledgeable and experienced in matters relating 
to education in general and education of American Indians 
in particular. 
"(3) ELECTION.—^The manner of election, term of office, 
and duties of the officers shall be as provided in the constitution 
and bylaws of the Foundation. 
"(h) POWERS.—^The Foundation— 
"(1) shall adopt a constitution and bylaws for the manage-
ment of its property and the regulation of its Eiffairs, which 
may be amended; 
"(2) may adopt and alter a corporate seal; 
"(3) may make contracts, subject to the limitations of this 
Act; 
"(4) may acquire (through a gift or otherwise), own, lease, 
encumber, and transfer real or personal property as necessary 
or convenient to carry out the purposes of the Foundation; 
"(5) may sue and be sued; and 
"(6) may perform any other act necessary and proper to 
carry out the purposes of the Foundation, 
"(i) PRINCIPAL OFFICE.—^The principal office of the Foundation 
shall be in the District of Columbia. However, the activities of 
the Foundation may be conducted, and offices may be maintained, 
throughout the United States in accordance with the constitution 
and bylaws of the Foundation. 
114 STAT. 2938 
PUBLIC LAW 106-568—DEC. 27, 2000 
25 use 
458bbb-l. 
25 use 
458bbb-2. 
"(j) SERVieE OF PROCESS.—^The Foundation shall comply with 
the law on service of process of each State in which it is incorporated 
and of each State in which the Foundation carries on activities, 
"(k) LIABILITY OF OFFICERS AND AGENTS.—^The Foundation shall 
be liable for the acts of its officers and agents acting within the 
scope of their authority. Members of the Board are personally 
liable only for gross negligence in the performance of their duties. 
"(1) RESTRICTIONS.— 
"(1) LIMITATION ON SPENDING.—Beginning with the fiscal 
year following the first full fiscal year during which the Founda-
tion is in operation, the administrative costs of the Foundation 
may not exceed 10 percent of the sum of— 
"(A) the amounts transferred to the Foundation under 
subsection (m) during the preceding fiscal year; and 
"(B) donations received from private sources during 
the preceding fiscal year. 
"(2) APPOINTMENT AND HIRING.—^The appointment of offi-
cers and employees of the Foundation shall be subject to the 
availability of funds. 
"(3) STATUS.—^Members of the Board, and the officers, 
employees, and agents of the Foundation are not, by reason 
of their association with the Foundation, officers, employees, 
or agents of the United States. 
"(m) 
TRANSFER OF DONATED FUNDS.—^The Secretary 
may 
transfer to the Foundation funds held by the Department of the 
Interior under the Act of February 14, 1931 (25 U.S.C. 451), if 
the transfer or use of such funds is not prohibited by any term 
under which the funds were donated. 
"(n) AUDITS.—The Foundation shall comply with the audit 
requirements set forth in section 10101 of title 36, United States 
Code, as if it were a corporation in part B of subtitle II of that 
title. 
"SEC. 502. ADMINISTRATIVE SERVICES AND SUPPORT. 
"(a) PROVISION OF SUPPORT BY SECRETARY.—Subject to sub-
section (b), during the 5-year period beginning on the date that 
the Foundation is established, the Secretary— 
"(1) may provide personnel, facilities, and other administra-
tive support services to the Foundation; 
"(2) may provide funds to reimburse the travel expenses 
of the members of the Board under section 501; and 
"(3) shall require and accept reimbursements from the 
Foundation for any— 
"(A) services provided under paragraph (1); and 
"(B) funds provided under paragraph (2). 
"(b) REIMBURSEMENTT.—Reimbursements accepted under sub-
section (a)(3) shall be deposited in the Treasury to the credit of 
the appropriations then current and chargeable for the cost of 
providing services described in subsection (a)(1) and the travel 
expenses described in subsection (a)(2). 
"(c) CONTINUATION OF CERTAIN SERVICES.—^Notwithstanding 
any other provision of this section, the Secretary may continue 
to provide facilities and necessary support services to the Founda-
tion after the termination of the 5-year period specified in subsection 
(a), on a space available, reimbursable cost basis. 
«SEC. 503. DEFINITIONS. 
"For the purposes of this title— 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2939 
"(1) the term 'Bureau funded school' has the meaning given 
that term in title XI of the Education Amendments of 1978; 
"(2) the term 'Foundation' means the Foundation estab-
lished by the Secret£iry pursuEint to section 501; and 
"(3) the term 'Secreteuy' meeuis the Secretary of the 
Interior.". 
TITLE XIV—GRATON RANCHERIA 
RESTORATION 
Graton 
Rancheria 
Restoration Act. 
SEC. 1401. SHORT TITLE. 
This title may be cited as the "Graton Rgmcheria Restoration 
Act". 
SEC. 1402. FINDINGS. 
The Congress finds that in their 1997 Report to Congress, 
the Advisory Council on California Indian Policy specifically rec-
ommended the immediate legislative restoration of the Graton 
Rancheria. 
SEC. 1403. DEFINmONS. 
H' 
For purposes of this title: 
(1) The term "Tribe" meeins the Indians of the Graton 
Rancheria of California. 
(2) The term "Secretary" meauis the Secretary of the 
Interior. 
(3) The term "Interim Tribal Council" means the governing 
body of the Tribe specified in section 1407. 
(4) The term "member" means an individual who meets 
the membership criteria under section 1406(b). 
(5) The term "State" means the State of California. 
(6) The term "reservation" means those lands acquired 
and held in trust by the Secretary for the benefit of the Tribe. 
(7) The term "service area" means the counties of Marin 
and Sonoma, in the State of California. 
SEC. 1404. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND 
PRIVILEGES. 
(a) FEDERAL RECOGNITION.—Federal recognition is hereby 
restored to the Tribe. Except as otherwise provided in this title, 
all laws and regulations of general application to Indians and 
nations, tribes, or bands of Indians that are not inconsistent with 
£iny specific provision of this title shall be applicable to the Tribe 
and its members. 
(b) RESTORATION OF RIGHTS AND PRIVILEGES.—Except as pro-
vided in subsection (d), all rights £uid privileges of the Tribe £uid 
its members under any Federal treaty. Executive order, agreement, 
or statute, or under Einy other authority which were diminished 
or lost under the Act of August 18, 1958 (PubHc Law 85-671; 
72 Stat. 619), are hereby restored, and the provisions of such 
Act shall be inapplicable to the Tribe and its members after the 
date of the enactment of this Act. 
(c) FEDERAL SERVICES AND BENEFITS.— 
(1) IN GENERAL.—^Without regard to the existence of a 
reservation, the Tribe and its members shall be eligible, on 
and after the date of the enactment of this Act for all Federal 
25 u s e 1300n 
note. 
25 u s e 1300n. 
25 u s e 1300n-l. 
25 u s e 1300n-2. 
114 STAT. 2940 
PUBLIC LAW 106-568—DEC. 27, 2000 
services and benefits furnished to federally recognized Indian 
tribes or their members. For the purposes of Federal services 
and benefits available to members of federally recognized 
Indian tribes residing on a reservation, members of the Tribe 
residing in the Tribe's service area shall be deemed to be 
residing on a reservation. 
(2) RELATION TO OTHER LAWS.—^The eligibility for or receipt 
of services and benefits under paragraph (1) by a tribe or 
individual shall not be considered as income, resources, or 
otherwise when determining the eligibility for or computation 
of any pajnnent or other benefit to such tribe, individual, or 
household under— 
(A) any financial aid program of the United States, 
including grants and contracts subject to the Indian Self-
Determination Act; or 
(B) any other benefit to which such tribe, household, 
or individual would otherwise be entitled under any Federal 
or federally assisted program. 
(d) HUNTING, FISHING, TRAPPING, GATHERING, AND WATER 
RIGHTS.—^Nothing in this title shall expand, reduce, or affect in 
« any manner any hunting, fishing, trapping, gathering, or water 
rights of the Tribe and its members. 
(e) CERTAIN RIGHTS NOT ALTERED.—Except as specifically pro-
vided in this title, nothing in this title shall alter any property 
right or obligation, any contractual right or obligation, or any obliga-
tion for taxes levied. 
25 use 1300n-3. 
SEC. 1405. TRANSFER OF LAND TO BE HELD IN TRUST. 
(a) LANDS TO BE TAKEN IN TRUST.—^Upon application by the 
Tribe, the Secretary shall accept into trust for the benefit of the 
Tribe any real property located in Marin or Sonoma County, Cali-
fornia, for the benefit of the Tribe after the property is conveyed 
or otherwise transferred to the Secretary and if, at the time of 
such conveyance or transfer, there are no adverse legal claims 
to such property, including outstanding liens, mortgages, or taxes. 
(b) FORMER TRUST LANDS OF THE GRATON RANCHERIA.—Subject 
to the conditions specified in this section, real property eligible 
for trust status under this section shall include Indian owned fee 
land held by persons listed as distributees or dependent members 
in the distribution plan approved by the Secretary on September 
17, 1959, or such distributees' or dependent members' Indian heirs 
or successors in interest. 
(c) LANDS TO B E PART OF RESERVATION.—^Any real property 
taken into trust for the benefit of the Tribe pursuant to this title 
shall be part of the Tribe's reservation. 
(d) LANDS TO B E NONTAXABLE.—Any real property taken into 
trust for the benefit of the Tribe pursuant to this section shall 
be exempt from all local, State, and Federal taxation as of the 
date that such land is transferred to the Secretary. 
25 use 1300n-4. 
SEC. 1406. MEMBERSHIP ROLLS. 
Deadline. 
(a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—Not later than 
1 year after the date of the enactment of this Act, the Secretary 
shall, after consultation with the Tribe, compile a membership 
roll of the Tribe. 
(b) CRITERIA FOR MEMBERSHIP.— 
(1) Until a tribal constitution is adopted under section 
1408, an individual shall be placed on the Graton membership 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2941 
roll if such individual is living, is not an enrolled member 
of another federally recognized Indian tribe, and if— 
(A) such individual's name was listed on the Graton 
Indian Rancheria distribution list compiled by the Bureau 
of Indian Affairs and approved by the Secretary on Sep-
tember 17, 1959, under Public Law 85-671; 
(B) such individual was not listed on the Graton Indian 
Rancheria distribution list, but met the requirements that 
had to be met to be listed on the Graton Indian Rancheria 
distribution list; 
(C) such individual is identified as an Indian from 
the Graton, Marshall, Bodega, Tomales, or Sebastopol, Cali-
fornia, vicinities, in documents prepared by or at the direc-
tion of the Bureau of Indian Affairs, or in any other public 
or California mission records; or 
(D) such individual is a lineal descendant of an indi-
vidual, living or dead, identified in subparagraph (A), (B), 
, 
or(C). 
(2) After adoption of a tribal constitution under section 
1408, such tribal constitution shall govern membership in the 
Tribe. 
(c) CONCLUSIVE PROOF OF GRATON INDIAN ANCESTRY.—For the 
purpose of subsection (b), the Secretary shall accept any available 
evidence establishing Graton Indian ancestry. The Secretary shall 
accept as conclusive evidence of Graton Indian ancestry information 
contained in the census of the Indians from the Graton, Marshall, 
Bodega, Tomales, or Sebastopol, California, vicinities, prepared by 
or at the direction of Special Indian Agent John J. Terrell in 
any other roll or census of Graton Indians prepared by or at 
the direction of the Bureau of Indian Affairs and in the Graton 
Indian Rancheria distribution list compiled by the Bureau of Indian 
Affairs and approved by the Secretary on September 17, 1959. 
SEC. 1407. INTERIM GOVERNMENT. 
Until the Tribe ratifies a final constitution consistent with 
section 1408, the Tribe's governing body shall be an Interim Tribal 
Council. The initial membership of the Interim Tribal Council shall 
consist of the members serving on the date of the enactment of 
this Act, who have been elected under the tribal constitution 
adopted May 3, 1997. The Interim Tribal Council shall continue 
to operate in the manner prescribed under such tribal constitution. 
Any vacancy on the Interim Tribal Council shall be filled by individ-
uals who meet the membership criteria set forth in section 1406(b) 
and who are elected in the same manner as are Tribal Council 
members under the tribal constitution adopted May 3, 1997. 
SEC. 1408. TRIBAL CONSTITUTION. 
(a) ELECTION; TIME; PROCEDURE.—After the compilation of the 
tribal membership roll under section 1406(a), upon the written 
request of the Interim Tribal Council, the Secretary shall conduct, 
by secret ballot, an election for the purpose of ratifying a final 
constitution for the Tribe. The election shall be held consistent 
with sections 16(c)(1) and 16(c)(2)(A) of the Act of June 18, 1934 
(commonly known as the Indian Reorganization Act; 25 U.S.C. 
476(c)(1) and 476(c)(2)(A), respectively). Absentee voting shall be 
permitted regardless of voter residence. 
(b) ELECTION OF TRIBAL OFFICIALS; PROCEDURES,—Not later 
than 120 days after the Tribe ratifies a final constitution under 
25 u s e 1300n-5. 
25 u s e 1300n-6. 
Deadline. 
114 STAT. 2942 
PUBLIC LAW 106-568—DEC. 27, 2000 
subsection (a), the Secretary shall conduct an election by secret 
ballot for the purpose of electing tribal officials as provided in 
such tribal constitution. Such election shall be conducted consistent 
with the procedures specified in subsection (a) except to the extent 
that such procedures conflict with the tribal constitution. 
TITLE XV—CEMETERY SITES AND 
HISTORICAL PLACES 
SEC. 1501. FINDINGS; DEFINITIONS. 
(a) FINDINGS.—^The Congress finds the following: 
(1) Pursuant to section 14(h)(1) of ANCSA, the Secretary 
has the authority to withdraw and convey to the appropriate 
regional corporation fee title to existing cemetery sites and 
historical places. 
(2) Pursuant to section 14(h)(7) of ANCSA, lands located 
within a National Forest may be conveyed for the purposes 
set forth in section 14(h)(1) of ANCSA. 
(3) Chugach Alaska Corporation, the Alaska 
Native 
Regional Corporation for the Chugach Region, applied to the 
Secretary for the conveyance of cemetery sites and historical 
places pursuant to section 14(h)(1) of ANCSA in accordance 
with the regulations promulgated by the Secretary. 
(4) Among the applications filed were applications for 
historical places at Miners Lake (AA-41487), Coghill Point 
(AA-41488), College Fjord (AA-41489), Point Pakenham (AA-
41490), College Point (AA-41491), Egg Island (AA-41492), and 
Wingham Island (AA-41494), which applications were sub-
stantively processed for 13 years and then rejected as having 
been untimely filed. 
(5) The fulfillment of the intent, purpose, and promise 
of ANCSA requires that applications substantively processed 
for 13 years should be accepted as timely, subject only to 
a determination that such lands and applications meet the 
eligibility criteria for historical places or cemetery sites, as 
appropriate, set forth in the Secretar/s regulations. 
(b) DEFINITIONS.—For the purposes of this title, the following 
definitions apply: 
(1) ANCSA.—The term "ANCSA" means the Alaska Native 
Claims Settlement Act, as amended (43 U.S.C. 1601 et seq.). 
(2) FEDERAL GOVERNMENT.—^The term "Federal Govern-
ment" means any Federal agency of the United States. 
(3) SECRETARY.—The term "Secretary" means the Secretary 
of the Interior. 
SEC. 1502. WITHDRAWAL OF LANDS. 
Notwithstanding any other provision of law, the Secretary shall 
withdraw from all forms of appropriation all public lands described 
in the applications identified in section 1501(a)(4) of this title. 
SEC. 1503. APPLICATION FOR CONVEYANCE OF WITHDRAWN LANDS. 
With respect to lands withdrawn pursuant to section 1502 
of this title, the applications identified in section 1501(a)(4) of 
this title are deemed to have been timely filed. In processing these 
applications on the merits, the Secretary shall incorporate and 
PUBLIC LAW 106-568—DEC. 27, 2000 
114 STAT. 2943 
use any work done on these applications during the processing 
of these applications since 1980. 
SEC. 1504. AMENDMENTS. 
Chugach Alaska Corporation may amend any application under 
section 1503 of this title in accordance with the rules and regula-
tions generally applicable to amending applications under section 
14(h)(1) of ANCSA. 
SEC. 1505. PROCEDURE FOR EVALUATING APPLICATIONS. 
All applications under section 1503 of this title shall be evalu-
ated in accordance with the criteria and procedures set forth in 
the regulations promulgated by the Secretary as of the date of 
the enactment of this title. To the extent that such criteria and 
procedures conflict with any provision of this title, the provisions 
of this title shall control. 
SEC. 1506. APPUCABILITY. 
(a) EFFECT ON ANCSA PROVISIONS.—^Notwithstanding any 
other provision of law or of this title, any conveyance of land 
to Chugach Alaska Corporation pursuant to this title shall be 
charged to and deducted from the entitlement of Chugach Alaska 
CcJrporation under section 14(h)(8)(A) of ANCSA (43 U.S.C. 
1613(h)(8)(A)), and no conveyance made pursuant to this title shall 
affect the distribution of lands to or the entitlement to land of 
any Regional Corporation other than Chugach Alaska Corporation 
under section 14(h)(8) of ANCSA (43 U.S.C. 1613(h)(8)). 
(b) No ENLARGEMENT OF ENTITLEMENT.—^Nothing herein shall 
be deemed to enlarge Chugach Alaska Corporation's entitlement 
to subsurface estate under otherwise applicable law. 
Approved December 27, 2000. 
LEGISLATIVE HISTORY—H.R. 5528 (S. 1658): 
SENATE REPORTS: No. 106-368 accompanying S. 1658 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Oct. 26, considered and passed House. 
Dec. 11, considered and passed Senate. 
79-194 O - 00 - 30 : QL 3 Part 5