[Congressional Record Volume 146, Number 136 (Thursday, October 26, 2000)]
[House]
[Pages H11327-H11349]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
OMNIBUS INDIAN ADVANCEMENT ACT
Mr. SHERWOOD. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5528) to authorize the construction of a Wakpa Sica
Reconciliation Place in Fort Pierre, South Dakota, and for other
purposes, as amended.
The Clerk read as follows:
H.R. 5528
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be 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. Reconciliation center.
[[Page H11328]]
Sec. 412. Sioux Nation Tribal Supreme Court.
Sec. 413. Legal jurisdiction not affected.
Subtitle B--GAO Study
Sec. 421. GAO study.
TITLE V--EXPENDITURE OF FUNDS BY ZUNI INDIAN TRIBE
Sec. 501. Expenditure of funds by tribe authorized.
TITLE VI--TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT
Sec. 601. Short title.
Sec. 602. Congressional findings and purpose.
Sec. 603. Definitions.
Sec. 604. Ratification of settlement agreement.
Sec. 605. Settlement funds.
Sec. 606. Trust land acquisition and status.
Sec. 607. Permanent flowage easements.
Sec. 608. Satisfaction of claims, waivers, and releases.
Sec. 609. Miscellaneous provisions.
Sec. 610. Authorization of appropriations.
Sec. 611. Effective date.
TITLE VII--SHAWNEE TRIBE STATUS
Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Definitions.
Sec. 704. Federal recognition, trust relationship, and program
eligibility.
Sec. 705. Establishment of a tribal roll.
Sec. 706. Organization of the tribe; tribal constitution.
Sec. 707. Tribal land.
Sec. 708. Jurisdiction.
Sec. 709. Individual Indian land.
Sec. 710. Treaties not affected.
TITLE VIII--TECHNICAL CORRECTIONS
Sec. 801. Short title.
Subtitle A--Miscellaneous Technical Provisions
Sec. 811. Technical correction to an Act affecting the status of
Mississippi Choctaw lands and adding such lands to the
Choctaw Reservation.
Sec. 812. Technical corrections concerning the Five Civilized Tribes of
Oklahoma.
Sec. 813. Waiver of repayment of expert assistance loans to the Red
Lake Band of Chippewa Indians and the Minnesota Chippewa
Tribes.
Sec. 814. Technical amendment to the Indian Child Protection and Family
Violence Protection Act.
Sec. 815. Technical amendment to extend the authorization period under
the Indian Health Care Improvement Act.
Sec. 816. Technical amendment to extend the authorization period under
the Indian 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 purposes of Federal assistance.
Sec. 819. Land to be taken into trust.
Subtitle B--Santa Fe Indian School
Sec. 821. Short title.
Sec. 822. Definitions.
Sec. 823. Transfer of certain lands for use as the Santa Fe Indian
School.
Sec. 824. Land use.
TITLE IX--CALIFORNIA INDIAN LAND TRANSFER
Sec. 901. Short title.
Sec. 902. Lands held in trust for various tribes of California Indians.
Sec. 903. Miscellaneous provisions.
TITLE X--NATIVE AMERICAN HOMEOWNERSHIP
Sec. 1001. Lands Title Report Commission.
Sec. 1002. Loan guarantees.
Sec. 1003. Native American housing assistance.
TITLE XI--INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES
Sec. 1101. Short title.
Sec. 1102. Findings, purposes.
Sec. 1103. Amendments to the Indian Employment, Training and Related
Services Demonstration Act of 1992.
Sec. 1104. Report on expanding the opportunities for program
integration.
TITLE XII--NAVAJO NATION TRUST LAND LEASING
Sec. 1201. Short title.
Sec. 1202. Congressional findings and declaration of purposes.
Sec. 1203. Lease of restricted lands for the Navajo Nation.
TITLE XIII--AMERICAN INDIAN EDUCATION FOUNDATION
Sec. 1301. Short title.
Sec. 1302. Establishment of American Indian Education Foundation.
TITLE XIV--GRATON RANCHERIA RESTORATION
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.
Sec. 1404. Restoration of Federal recognition, rights, and privileges.
Sec. 1405. Transfer of land to be held in trust.
Sec. 1406. Membership rolls.
Sec. 1407. Interim government.
Sec. 1408. Tribal constitution.
TITLE XV--CEMETERY SITES AND HISTORICAL PLACES
Sec. 1501. Findings; definitions.
Sec. 1502. Withdrawal of lands.
Sec. 1503. Application for conveyance of withdrawn lands.
Sec. 1504. Amendments.
Sec. 1505. Procedure for evaluating applications.
Sec. 1506. Applicability.
TITLE I--SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY IRRIGATION WORKS
SEC. 101. FINDINGS.
The Congress finds and declares that--
(1) it is the policy of the United States, in fulfillment
of its trust responsibility to Indian tribes, to promote
Indian self-determination and economic self-sufficiency;
(2) the Salt River Pima-Maricopa Indian Community
(hereinafter referred to as the ``Community'') has operated
the irrigation works within the Community's reservation since
November 1997 and is capable of fully managing the operation
of these irrigation works;
(3) considering that the irrigation works, which are
comprised 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.
SEC. 102. CONVEYANCE AND OPERATION OF IRRIGATION WORKS
(a) Conveyance.--The Secretary of the Interior, as soon as
is practicable after the date of the enactment of this Act,
and in accordance with the provisions of this title and all
other applicable law, shall convey to the Community any or
all rights and interests of the United States in and to the
irrigation works on the Community's reservation which were
formerly operated by the Bureau of Indian Affairs.
Notwithstanding the provisions of sections 1 and 3 of the Act
of April 4, 1910 (25 U.S.C. 385) and sections 1, 2, and 3 of
the Act of August 7, 1946 (25 U.S.C. 385a, 385b, and 385c)
and any implementing regulations, during the period between
the date of the enactment of this Act and the conveyance of
the irrigation works by the United States to the Community,
the Community shall operate the irrigation works under the
provisions set forth in this title and in accordance with the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.), including retaining and expending
operations and maintenance collections for irrigation works
purposes. Effective upon the date of conveyance of the
irrigation works, the Community shall have the full ownership
of and operating authority over the irrigation works in
accordance with the provisions of this title.
(b) Fulfillment of Federal Trust Responsibilities.--To
assure compliance with the Federal trust responsibilities of
the United States to Indian tribes, individual Indians and
Indians with trust allotments, including such trust
responsibilities contained in Salt River Pima-Maricopa Indian
Community Water Rights Settlement Act of 1988 (Public Law
100-512), the Community shall operate the irrigation works
consistent with this title and under uniform laws and
regulations adopted by the Community for the management,
regulation, and control of water resources on the reservation
so as to assure fairness in the delivery of water to water
users. Such Community laws and regulations include currently
and shall continue to include provisions to maintain the
following requirements and standards which shall be published
and made available to the Secretary and the Community at
large:
(1) Process.--A process by which members of the Community,
including Indian allottees, shall be provided a system of
distribution, allocation, control, pricing and regulation of
water that will provide a just and equitable distribution of
water so as to achieve the maximum beneficial use and
conservation 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
consideration and determination of any request by an Indian
or Indian allottee for distribution of water for use on his
or her land, including a process for appeal and adjudication
of denied or disputed distributions and for resolution of
contested administrative decisions.
(c) Subsequent Modification of Laws and Regulations.--If
the provisions of the Community's laws and regulations
implementing
[[Page H11329]]
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 only become effective upon the
concurrence of both the Community and the Secretary.
(d) Limitations of Liability.--Effective upon the date of
the enactment of this Act, the United States shall not be
liable for damages of any kind arising out of any act,
omission, or occurrence based on the Community's ownership or
operation of the irrigation works, except for damages caused
by acts of negligence committed by the United States prior to
the date of the enactment of this Act. Nothing in this
section shall be deemed to increase the liability of the
United States beyond that currently provided in the Federal
Tort Claims Act (28 U.S.C. 2671 et seq.).
(e) Cancellation of Charges.--Effective upon the date of
conveyance of the irrigation works under this section, any
charges for construction of the irrigation works on the
reservation of the Community that have been deferred pursuant
to the Act of July 1, 1932 (25 U.S.C. 386a) are hereby
canceled.
(f) Project No Longer a BIA Project.--Effective upon the
date of conveyance of the irrigation works under this
section, the irrigation works shall no longer be considered a
Bureau of Indian Affairs irrigation project and the
facilities will not be eligible for Federal benefits based
solely on the fact that the irrigation works were formerly a
Bureau of Indian Affairs irrigation project. Nothing in this
title shall be construed to limit or reduce in any way the
service, contracts, or funds the Community may be eligible to
receive under other applicable Federal law.
SEC. 103. RELATIONSHIP TO OTHER LAWS.
Nothing in this title shall be construed to diminish the
trust responsibility of the United States under applicable
law to the Salt River Pima-Maricopa Indian Community, to
individual Indians, or to Indians with trust allotments
within the Community's reservation.
TITLE II--NATIVE HAWAIIAN HOUSING ASSISTANCE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Hawaiian Homelands
Homeownership Act of 2000''.
SEC. 202. FINDINGS.
Congress finds that--
(1) the United States has undertaken a responsibility to
promote the general welfare of the United States by--
(A) employing its resources to remedy the unsafe and
unsanitary housing conditions and the acute shortage of
decent, safe, and sanitary dwellings for families of lower
income; and
(B) developing effective partnerships with governmental 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 set aside 200,000 acres of land in the Federal
territory that later became the State of Hawaii in order to
establish a homeland for the native people of Hawaii--Native
Hawaiians;
(4) despite the intent of Congress in 1920 to address the
housing needs of Native Hawaiians through the enactment of
the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et
seq.), Native Hawaiians eligible to reside on the Hawaiian
home lands have been foreclosed from participating in Federal
housing assistance programs available to all other eligible
families in the United States;
(5) although Federal housing assistance 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 population
is 49 percent, as compared to--
(i) 44 percent for American Indian and Alaska Native
households in Indian country; and
(ii) 27 percent for all other households in the United
States; and
(B) overcrowding in the Native Hawaiian population is 36
percent as compared to 3 percent for all other households 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-Determination
Act of 1996, as added by section 203 of this Act, eligible to
reside on the Hawaiian Home Lands are the most severe, as--
(A) the percentage of overcrowding in Native Hawaiian
households on the Hawaiian Home Lands is 36 percent; and
(B) approximately 13,000 Native Hawaiians, which constitute
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) \1/3\ 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 \1/2\ 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 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 represented
the Hawaiian people, and from 1826 until 1893, the United
States recognized the independence of the Kingdom of Hawaii,
extended full diplomatic recognition to the Hawaiian
Government, and entered into treaties and conventions with
the Hawaiian monarchs to govern commerce and navigation in
1826, 1842, 1849, 1875, and 1887;
(13) the United States has recognized and reaffirmed that--
(A) Native Hawaiians have a cultural, historic, and land-
based link to the indigenous people who exercised sovereignty
over the Hawaiian Islands, and that group has never
relinquished its claims to sovereignty or its sovereign
lands;
(B) Congress does not extend services to Native Hawaiians
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 comparable
to that of American Indians; and
(E) the aboriginal, indigenous people of the United States
have--
(i) a continuing right to autonomy in their internal
affairs; and
(ii) an ongoing right of self-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
reaffirmed by the United States as evidenced by the inclusion
of Native Hawaiians in--
(A) the Native American Programs Act of 1974 (42 U.S.C.
2291 et seq.);
(B) the American Indian Religious 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 Repatriation
Act (25 U.S.C. 3001 et seq.);
(E) the National Historic Preservation Act (16 U.S.C. 470
et seq.);
(F) the Native American Languages Act of 1992 (106 Stat.
3434);
(G) the American Indian, Alaska Native and Native Hawaiian
Culture and Arts 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
recognized 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 approximately
200,000 acres of public lands that became known as Hawaiian
Home Lands in the Territory of Hawaii that had been ceded to
the United States for 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 Hawaiians, 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
[[Page H11330]]
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 beneficiaries 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.) which establishes
a process for the conveyance of Federal lands to the
Department of Hawaiian Homes Lands that are equivalent in
value to lands acquired by the United States from the
Hawaiian Home Lands inventory.
SEC. 203. HOUSING ASSISTANCE.
The Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.) is amended
by adding at the end the following:
``TITLE VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
``SEC. 801. DEFINITIONS.
``In this title:
``(1) Department of hawaiian home lands; department.--The
term `Department of Hawaiian Home Lands' or `Department'
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) 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 person.
``(B) Certain families included.--The term `elderly family'
or `near-elderly family' includes--
``(i) 2 or more elderly persons or near-elderly persons, as
the case may be, living together; and
``(ii) 1 or more persons described in clause (i) living
with 1 or more persons determined under the housing plan to
be essential to their care or well-being.
``(4) Hawaiian home lands.--The term `Hawaiian Home Lands'
means lands that--
``(A) have the status as Hawaiian home lands under section
204 of the Hawaiian Homes Commission Act (42 Stat. 110); or
``(B) are acquired pursuant to that Act.
``(5) Housing area.--The term `housing area' means an area
of Hawaiian Home Lands with respect to which the Department
of Hawaiian Home Lands is authorized to provide assistance
for affordable housing under this Act.
``(6) Housing entity.--The term `housing entity' means the
Department of Hawaiian Home Lands.
``(7) Housing plan.--The term `housing plan' means a plan
developed by the Department of Hawaiian Home Lands.
``(8) Median income.--The term `median income' means, with
respect to an area that is a Hawaiian housing area, the
greater of--
``(A) the median income for the Hawaiian housing area,
which shall be determined by the Secretary; or
``(B) the median income for the State of Hawaii.
``(9) Native hawaiian.--The term `Native Hawaiian' means
any individual who is--
``(A) a citizen of the United States; and
``(B) a descendant of the aboriginal people, who, prior to
1778, occupied and exercised sovereignty in the area that
currently constitutes the State of Hawaii, as evidenced by--
``(i) genealogical records;
``(ii) verification by kupuna (elders) or kama'aina (long-
term community residents); or
``(iii) birth records of the State of Hawaii.
``SEC. 802. BLOCK GRANTS FOR AFFORDABLE HOUSING
ACTIVITIES.
``(a) Grant Authority.--For each fiscal year, the Secretary
shall (to the extent amounts are made available to carry out
this title) make a grant under this title to the Department
of Hawaiian Home Lands to carry out affordable housing
activities for Native Hawaiian families who are eligible to
reside on the Hawaiian Home Lands.
``(b) Plan Requirement.--
``(1) In general.--The Secretary may make a grant under
this title to the Department of Hawaiian Home Lands for a
fiscal year only if--
``(A) the Director has submitted to the Secretary a housing
plan for that fiscal year; and
``(B) the Secretary has determined under section 804 that
the housing plan complies with the requirements of section
803.
``(2) Waiver.--The Secretary may waive the applicability of
the requirements under paragraph (1), in part, if the
Secretary 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
administering 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.
``(e) Public-Private Partnerships.--The Director shall make
all reasonable efforts, consistent with the purposes of this
title, to maximize participation by the private sector,
including nonprofit organizations and for-profit entities, in
implementing a housing plan that has been approved by the
Secretary under section 803.
``SEC. 803. HOUSING PLAN.
``(a) Plan Submission.--The Secretary shall--
``(1) require the Director to submit a housing plan under
this section for each fiscal year; and
``(2) provide for the review of each plan submitted under
paragraph (1).
``(b) 5-Year Plan.--Each housing plan under this section
shall--
``(1) be in a form prescribed by the Secretary; and
``(2) contain, with respect to the 5-year period beginning
with the fiscal year for which the plan is submitted, the
following information:
``(A) Mission statement.--A general statement of the
mission of the Department of Hawaiian Home Lands to serve the
needs of the low-income families to be served by the
Department.
``(B) Goal 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 prescribed by
the Secretary, that includes--
``(i) an identification and a description of the financial
resources reasonably available to the Department to carry out
the purposes of this title, including an explanation of the
manner in which amounts made available will be used to
leverage additional resources; and
``(ii) the uses to which the resources described in clause
(i) will be committed, including--
``(I) eligible and required affordable housing activities;
and
``(II) administrative expenses.
``(D) Affordable housing resources.--A statement of the
affordable housing resources currently available at the time
of the submittal of the plan and to be made available during
the period covered by the plan, including--
``(i) a description of the significant characteristics of
the housing market in the State of Hawaii, including the
availability of housing from other public sources, private
market housing;
[[Page H11331]]
``(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
description 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 mortgage 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);
``(vii) a description of--
``(I) all other existing or anticipated housing assistance
provided by the Department of Hawaiian Home Lands during the
period covered by the plan, including--
``(aa) transitional housing;
``(bb) homeless housing;
``(cc) college housing; and
``(dd) supportive services housing; and
``(II) the requirements and assistance available under such
programs;
``(viii)(I) a description of any housing to be demolished
or disposed of;
``(II) a timetable for that demolition or disposition; and
``(III) any other information required by the Secretary
with respect to that 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 provided 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 organizations; 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 entities.
``(E) Certification of compliance.--Evidence of compliance
that shall include, as appropriate--
``(i) a certification that the Department of Hawaiian Home
Lands will comply with--
``(I) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.) or with title VIII of the Act popularly known
as the `Civil Rights Act of 1968' (42 U.S.C. 3601 et seq.) in
carrying out this title, to the extent that such title is
applicable; and
``(II) other applicable Federal statutes;
``(ii) a certification that the Department will require
adequate insurance coverage for housing units that are owned
and operated or assisted with grant amounts provided under
this title, in compliance with such requirements as may be
established by the Secretary;
``(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 provided
under this title;
``(iv) a certification that policies are in effect and are
available for review by the Secretary and the public
governing rents charged, including the methods by which such
rents or homebuyer payments are determined, for housing
assisted with grant amounts provided 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
requirements concerning discrimination on the basis of race
shall be construed to prevent the provision of assistance
under this title--
``(A) to the Department of Hawaiian Home Lands on the basis
that the Department served Native Hawaiians; or
``(B) to an eligible family on the basis that the family is
a Native Hawaiian family.
``(2) Civil rights.--Program eligibility under this title
may be restricted to Native Hawaiians. Subject to the
preceding sentence, no person may be discriminated against on
the basis of race, color, national origin, religion, sex,
familial status, or disability.
``(e) Use of Nonprofit Organizations.--As a condition of
receiving grant amounts under this title, the Department of
Hawaiian Home Lands shall, to the extent practicable, provide
for private nonprofit organizations experienced in the
planning and development of affordable housing for Native
Hawaiians to carry out affordable housing activities with
those grant amounts.
``SEC. 804. REVIEW OF PLANS.
``(a) Review and Notice.--
``(1) Review.--
``(A) In general.--The Secretary shall conduct a review of
a housing plan submitted to the Secretary under section 803
to ensure that the plan complies with the requirements of
that section.
``(B) Limitation.--The Secretary shall have the discretion
to review a plan referred to in subparagraph (A) only to the
extent that the Secretary considers that the review is
necessary.
``(2) Notice.--
``(A) In general.--Not later than 60 days after receiving a
plan under section 803, the Secretary shall notify the
Director of the Department of Hawaiian Home Lands whether the
plan complies with the requirements under that section.
``(B) Effect of failure of secretary to take action.--For
purposes of this title, if the Secretary does not notify the
Director, as required under this subsection and subsection
(b), upon the expiration of the 60-day period described in
subparagraph (A)--
``(i) the plan shall be considered to have been determined
to comply with the requirements under section 803; and
``(ii) the Director shall be considered to have been
notified of compliance.
``(b) Notice of Reasons for Determination of
Noncompliance.--If the Secretary determines that a plan
submitted under section 803 does not comply with the
requirements of that section, the Secretary shall 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
determine whether the contents of the plan--
``(A) set forth the information required by section 803 to
be contained in the housing plan;
``(B) are consistent with information and data available to
the Secretary; and
``(C) are not prohibited by or inconsistent with any
provision of this Act or any other applicable law.
``(2) Incomplete plans.--If the Secretary determines under
this subsection that any of the appropriate certifications
required under section 803(c)(2)(E) are not included in a
plan, the plan shall be considered to be incomplete.
``(d) Updates to Plan.--
``(1) In general.--Subject to paragraph (2), after a plan
under section 803 has been submitted for a fiscal year, the
Director of the Department of Hawaiian Home Lands may comply
with the provisions of that section for any succeeding fiscal
year (with respect to information included for the 5-year
period under section 803(b) or for the 1-year period under
section 803(c)) by submitting only such information regarding
such changes as may be necessary to update the plan
previously submitted.
``(2) Complete plans.--The Director shall submit a complete
plan under section 803 not later than 4 years after
submitting an initial plan under that section, and not less
frequently than every 4 years thereafter.
``(e) Effective Date.--This section and section 803 shall
take effect on the date provided by the Secretary pursuant to
section 807(a) to provide for timely submission and review of
the housing plan as necessary for the provision of assistance
under this title for fiscal year 2000.
``SEC. 805. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.
``(a) Program Income.--
``(1) Authority to retain.--The Department of Hawaiian Home
Lands may retain any program income that is realized from any
grant amounts received by the Department under this title
if--
``(A) that income was realized after the initial
disbursement of the grant amounts received by the Department;
and
[[Page H11332]]
``(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
regulation, exclude from consideration as program income any
amounts determined to be so small that compliance with the
requirements of this subsection would create an unreasonable
administrative burden on the Department.
``(b) Labor Standards.--
``(1) In general.--Any contract or agreement for
assistance, sale, or lease pursuant to this title shall
contain--
``(A) a provision requiring that an amount not less than
the wages prevailing in the 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
agreement 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
compensation or is paid expenses, reasonable benefits, or a
nominal fee for those services.
``SEC. 806. ENVIRONMENTAL REVIEW.
``(a) In General.--
``(1) Release of funds.--
``(A) In general.--The Secretary may carry out the
alternative environmental protection procedures described in
subparagraph (B) in order to ensure--
``(i) that the policies of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of law that further the purposes of such Act (as
specified in regulations issued by the Secretary) are most
effectively implemented in connection with the expenditure of
grant amounts provided under this title; and
``(ii) to the public undiminished protection of the
environment.
``(B) Alternative environmental protection procedure.--In
lieu of applying environmental protection procedures
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 regulations to
carry out this section only after consultation with the
Council on Environmental Quality.
``(B) Contents.--The regulations issued under this
paragraph shall--
``(i) provide for the monitoring of the environmental
reviews performed under this section;
``(ii) in the discretion of the Secretary, facilitate
training for the performance of such reviews; and
``(iii) provide for the suspension or termination of the
assumption of responsibilities under this section.
``(3) Effect on assumed responsibility.--The duty of the
Secretary under paragraph (2)(B) shall not be construed to
limit or reduce any responsibility assumed by the Department
of Hawaiian Home Lands for grant amounts with respect to any
specific release of funds.
``(b) Procedure.--
``(1) In general.--The Secretary shall authorize the
release of funds subject to the procedures under this section
only if, not less than 15 days before that approval and
before any commitment of funds to such projects, the Director
of the Department of Hawaiian Home Lands submits to the
Secretary a request for such release accompanied by a
certification that meets the requirements of subsection (c).
``(2) Effect of approval.--The approval of the Secretary of
a certification described in paragraph (1) shall be deemed to
satisfy the responsibilities of the Secretary under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and such other provisions of law as the regulations of
the Secretary specify to the extent that those
responsibilities relate to the releases of funds for projects
that are covered by that certification.
``(c) Certification.--A certification under the procedures
under this section shall--
``(1) be in a form acceptable to the Secretary;
``(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
Department of Hawaiian Home Lands and the Director to accept
the jurisdiction of the Federal courts for the purpose of
enforcement of the responsibilities of the Director.
``SEC. 807. REGULATIONS.
``The Secretary shall issue final regulations necessary to
carry out this title not later than October 1, 2000.
``SEC. 808. EFFECTIVE DATE.
``Except as otherwise expressly provided in this title,
this title shall take effect on the date of enactment of the
Native American Housing Assistance and Self-Determination
Amendments of 2000.
``SEC. 809. AFFORDABLE HOUSING ACTIVITIES.
``(a) National Objectives and Eligible Families.--
``(1) Primary objective.--The national objectives of this
title are--
``(A) to assist and promote affordable housing activities
to develop, maintain, and operate affordable housing in safe
and healthy environments for occupancy by low-income Native
Hawaiian families;
``(B) to ensure better access to private mortgage markets
and to promote self-sufficiency of low-income Native Hawaiian
families;
``(C) to coordinate activities to provide housing for low-
income Native Hawaiian families with Federal, State and local
activities to further economic and community development;
``(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 subparagraph
(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 assistance for
homeownership activities under--
``(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
section to address a need for housing for those families that
cannot be reasonably met without that assistance.
``(ii) Limitations.--The Secretary shall establish
limitations on the amount of 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 provided 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 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. 810. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.
``(a) In General.--Affordable housing activities under this
section are activities conducted in accordance with the
requirements of section 811 to--
``(1) develop or to support affordable housing for rental
or homeownership; or
[[Page H11333]]
``(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:
``(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-
sufficiency and other services; and
``(E) other services related to assisting owners, tenants,
contractors, and other entities participating or seeking to
participate in other housing activities assisted pursuant to
this 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
provision 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 appropriate
for the purpose referred to in subparagraph (A).
``SEC. 811. PROGRAM REQUIREMENTS.
``(a) Rents.--
``(1) Establishment.--Subject to paragraph (2), as a
condition to receiving grant amounts under this title, the
Director shall develop written policies governing rents and
homebuyer payments charged for dwelling units assisted under
this title, including methods by which such rents and
homebuyer payments are determined.
``(2) Maximum rent.--In the case of any low-income family
residing in a dwelling unit assisted with grant amounts under
this title, the monthly rent or homebuyer payment (as
applicable) for that dwelling unit may not exceed 30 percent
of the monthly adjusted income of that family.
``(b) Maintenance and Efficient Operation.--
``(1) In general.--The Director shall, using amounts of any
grants received under this title, reserve and use for
operating 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 insurance coverage for housing units that are owned
or operated or assisted with grant amounts provided under
this title.
``(d) Eligibility for Admission.--As a condition to
receiving grant amounts under this title, the Director shall
develop written policies governing the eligibility,
admission, and occupancy of families for housing assisted
with grant amounts provided under this title.
``(e) Management and Maintenance.--As a condition to
receiving grant amounts under this title, the Director shall
develop policies governing the management and maintenance of
housing assisted with grant amounts under this title.
``SEC. 812. TYPES OF INVESTMENTS.
``(a) In General.--Subject to section 811 and an applicable
housing plan approved under section 803, the Director shall
have--
``(1) the discretion to use grant amounts for affordable
housing activities through the use of--
``(A) equity investments;
``(B) interest-bearing loans or advances;
``(C) noninterest-bearing loans or advances;
``(D) interest subsidies;
``(E) the leveraging of private investments; or
``(F) any other form of assistance that the Secretary
determines to be consistent with the purposes of this title;
and
``(2) the right to establish the terms of assistance
provided with funds referred to in paragraph (1).
``(b) Investments.--The Director may invest grant amounts
for the purposes of carrying out affordable housing
activities in investment securities and other obligations, as
approved by the Secretary.
``SEC. 813. LOW-INCOME REQUIREMENT AND INCOME TARGETING.
``(a) In General.--Housing shall qualify for affordable
housing for purposes of this title only if--
``(1) each dwelling unit in the housing--
``(A) in the case of rental housing, is made available for
occupancy only by a family that is a low-income family at the
time of the initial occupancy of that family of that unit;
and
``(B) in the case of housing for homeownership, is made
available for purchase only by a family that is a low-income
family at the time of purchase; and
``(2) each dwelling unit in the housing will remain
affordable, according to binding commitments satisfactory to
the Secretary, for--
``(A) the remaining useful life of the property (as
determined 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 affordability, 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 Secretary.
``(b) Exception.--Notwithstanding subsection (a), housing
assisted pursuant to section 809(a)(2)(B) shall be considered
affordable housing for purposes of this title.
``SEC. 814. LEASE REQUIREMENTS AND TENANT SELECTION.
``(a) Leases.--Except to the extent otherwise provided by
or inconsistent with the laws of the State of Hawaii, in
renting dwelling units in affordable housing assisted with
grant amounts provided under this title, the Director, owner,
or manager shall use leases that--
``(1) do not contain unreasonable terms and conditions;
``(2) require the Director, owner, or manager to maintain
the housing in compliance with applicable housing codes and
quality standards;
``(3) require the Director, owner, or manager to give
adequate written notice of termination of the lease, which
shall be the period of time required under applicable State
or local law;
``(4) specify that, with respect to any notice of eviction
or termination, notwithstanding any State or local law, a
resident shall be informed of the opportunity, before any
hearing or trial, to examine any relevant documents, record,
or regulations 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
peaceful enjoyment of the premises by, other residents or
employees of the Department, owner, or manager;
``(B) threatens the health or safety of, or right to
peaceful enjoyment of their premises by, persons residing in
the immediate vicinity of the premises; or
``(C) is criminal activity (including drug-related criminal
activity) on or off the premises.
``(b) Tenant or Homebuyer Selection.--As a condition to
receiving grant amounts under this title, the Director shall
adopt and use written tenant and homebuyer selection policies
and criteria that--
``(1) are consistent with the purpose of providing housing
for low-income families;
``(2) are reasonably related to program eligibility and the
ability of the applicant to perform the obligations of the
lease; and
``(3) provide for--
``(A) the selection of tenants and homebuyers from a
written waiting list in accordance with the policies and
goals set forth in an applicable housing plan approved under
section 803; and
``(B) the prompt notification in writing of any rejected
applicant of the grounds for that rejection.
``SEC. 815. REPAYMENT.
``If the Department of Hawaiian Home Lands uses grant
amounts to provide affordable housing under activities under
this title and, at any time during the useful life of the
housing, the housing does not comply with the requirement
under section 813(a)(2), the Secretary shall--
``(1) reduce future grant payments on behalf of the
Department by an amount equal to the grant amounts used for
that housing (under the authority of section 819(a)(2)); or
``(2) require repayment to the Secretary of any amount
equal to those grant amounts.
[[Page H11334]]
``SEC. 816. ANNUAL ALLOCATION.
``For each fiscal year, the Secretary shall allocate any
amounts made available for assistance under this title for
the fiscal year, in accordance with the formula established
pursuant to section 817 to the Department of Hawaiian Home
Lands if the Department complies with the requirements under
this title for a grant under this title.
``SEC. 817. ALLOCATION FORMULA.
``(a) Establishment.--The Secretary shall, by regulation
issued not later than the expiration of the 6-month period
beginning on the date of enactment of the Hawaiian Homelands
Homeownership Act of 2000, in the manner provided under
section 807, establish 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.
``(c) Other Factors for Consideration.--In establishing the
formula under subsection (a), the Secretary shall consider
the relative administrative capacities of the Department of
Hawaiian Home Lands and other challenges faced by the
Department, including--
``(1) geographic distribution within Hawaiian Home Lands;
and
``(2) technical capacity.
``(d) Effective Date.--This section shall take effect on
the date of enactment of the Hawaiian Homelands Homeownership
Act of 2000.
``SEC. 818. REMEDIES FOR NONCOMPLIANCE.
``(a) Actions by Secretary Affecting Grant Amounts.--
``(1) In general.--Except as provided in subsection (b), if
the Secretary finds after reasonable notice and opportunity
for a hearing that the Department of Hawaiian Home Lands has
failed to comply substantially with any provision of this
title, the Secretary shall--
``(A) terminate payments under this title to the
Department;
``(B) reduce payments under this title to the Department 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 capability and capacity of the Director of
the Department to administer assistance provided under this
title in compliance with the requirements under this title if
the Secretary makes a finding under subsection (a), but
determines that the failure of the 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
Secretary has reason to believe that the Department of
Hawaiian Home Lands has failed to comply substantially with
any provision of this title, the Secretary may refer the
matter to the Attorney General of the United States with a
recommendation that an appropriate civil action be
instituted.
``(2) Civil action.--Upon receiving a referral under
paragraph (1), the Attorney General may bring a civil action
in any United States district court of appropriate
jurisdiction for such relief as may be appropriate, including
an action--
``(A) to recover the amount of the assistance furnished
under this title that was not expended in accordance with
this title; or
``(B) for mandatory or injunctive relief.
``(d) Review.--
``(1) In general.--If the Director receives notice under
subsection (a) of the termination, reduction, or limitation
of payments under this Act, the Director--
``(A) may, not later than 60 days after receiving such
notice, file with the United States Court of Appeals for the
Ninth Circuit, or in the United States Court of Appeals for
the District of Columbia, a petition for review of the action
of the Secretary; and
``(B) upon the filing of any petition under subparagraph
(A), shall forthwith transmit copies of the petition to the
Secretary and the Attorney General of the United States, who
shall represent the Secretary in the litigation.
``(2) Procedure.--
``(A) In general.--The Secretary shall file in the court a
record of the proceeding on which the Secretary based the
action, as provided in section 2112 of title 28, United
States Code.
``(B) Objections.--No objection to the action of the
Secretary shall be considered by the court unless the
Department has registered the objection before the Secretary.
``(3) Disposition.--
``(A) Court proceedings.--
``(i) Jurisdiction of court.--The court shall have
jurisdiction to affirm or modify the action of the Secretary
or to set the action aside in whole or in part.
``(ii) Findings of fact.--If supported by substantial
evidence on the record considered as a whole, the findings of
fact by the Secretary shall be conclusive.
``(iii) Addition.--The court may order evidence, in
addition to the evidence submitted for review under this
subsection, to be taken by the Secretary, and to be made part
of the record.
``(B) Secretary.--
``(i) In general.--The Secretary, by reason of the
additional evidence referred to in subparagraph (A) and filed
with the court--
``(I) may--
``(aa) modify the findings of fact of the Secretary; or
``(bb) make new findings; and
``(II) shall file--
``(aa) such modified or new findings; and
``(bb) the recommendation of the Secretary, if any, for the
modification or setting aside of 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.
``(4) Finality.--
``(A) In general.--Except as provided in subparagraph (B),
upon the filing of the record under this subsection with the
court--
``(i) the jurisdiction of the court shall be exclusive; and
``(ii) the judgment of the court shall be final.
``(B) Review by supreme court.--A judgment under
subparagraph (A) shall be subject to review by the Supreme
Court of the United States upon writ of certiorari or
certification, as provided in section 1254 of title 28,
United States Code.
``SEC. 819. MONITORING OF COMPLIANCE.
``(a) Enforceable Agreements.--
``(1) In general.--The Director, through binding
contractual 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 Department
and the Secretary; and
``(B) remedies for breach of the provisions referred to in
paragraph (1).
``(b) Periodic Monitoring.--
``(1) In general.--Not less frequently than annually, the
Director shall review the activities conducted and housing
assisted under this title to assess compliance with the
requirements 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
compliance with the requirements of this title.
``SEC. 820. PERFORMANCE REPORTS.
``(a) Requirement.--For each fiscal year, the Director
shall--
``(1) review the progress the Department has made during
that fiscal year in carrying out the housing plan submitted
by the Department under section 803; and
``(2) submit a report to the Secretary (in a form
acceptable to the Secretary) describing the conclusions of
the review.
``(b) Content.--Each report submitted under this section
for a fiscal year shall--
``(1) describe the use of grant amounts provided to the
Department of Hawaiian Home Lands for that fiscal year;
``(2) assess the relationship of the use referred to in
paragraph (1) to the goals identified in the housing plan;
``(3) indicate the programmatic accomplishments of the
Department; and
``(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
recommendations 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
[[Page H11335]]
to the beneficiaries of the Hawaiian Homes Commission 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
beneficiaries under paragraph (1) regarding the program to
carry out the housing plan.
``SEC. 821. REVIEW AND AUDIT BY SECRETARY.
``(a) Annual Review.--
``(1) In general.--The Secretary shall, not less frequently
than on an annual basis, make such reviews and audits as may
be necessary or appropriate to determine whether--
``(A) the Director has--
``(i) carried out eligible activities under this title in a
timely manner;
``(ii) carried out and made certifications in accordance
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
section shall, to the extent practicable, include onsite
visits by employees of the Department of Housing and Urban
Development.
``(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 Department 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 in accordance with the
reviews and audits of the Secretary under this section,
except that grant amounts already expended on affordable
housing activities may not be recaptured or deducted from
future assistance provided to the Department of Hawaiian Home
Lands.
``SEC. 822. GENERAL ACCOUNTING OFFICE AUDITS.
``To the extent that the financial transactions of the
Department of Hawaiian Home Lands involving grant amounts
under this title relate to amounts provided under this title,
those transactions may be audited by the Comptroller General
of the United States under such regulations as may be
prescribed by the Comptroller General. The Comptroller
General of the United States shall have access to all books,
accounts, records, reports, files, and other papers, things,
or property belonging to or in use by the Department of
Hawaiian Home Lands pertaining to such financial transactions
and necessary to facilitate the audit.
``SEC. 823. REPORTS TO CONGRESS.
``(a) In General.--Not later than 90 days after the
conclusion of each fiscal year in which assistance under this
title is made available, the Secretary shall submit to
Congress a report that contains--
``(1) a description of the progress made in accomplishing
the objectives of this title;
``(2) a summary of the use of funds available under this
title during the preceding fiscal year; and
``(3) a description of the aggregate outstanding loan
guarantees 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
information 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
Development Act of 1992 is amended by inserting after section
184 (12 U.S.C. 1715z-13a) the following:
``SEC. 184A. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
``(a) Definitions.--In this section:
``(1) Department of hawaiian home lands.--The term
`Department of Hawaiian Home Lands' means the agency or
department of the 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.
``(3) Family.--The term `family' means 1 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 established under
subsection (i).
``(5) Hawaiian home lands.--The term `Hawaiian Home Lands'
means lands that--
``(A) have the status of Hawaiian Home Lands under section
204 of the Hawaiian Homes Commission Act (42 Stat. 110); or
``(B) are acquired pursuant to that Act.
``(6) Native hawaiian.--The term `Native Hawaiian' means
any individual who is--
``(A) a citizen of the United States; and
``(B) a descendant of the aboriginal people, who, prior to
1778, occupied and exercised sovereignty in the area that
currently constitutes the State of Hawaii, as evidenced by--
``(i) genealogical records;
``(ii) verification by kupuna (elders) or kama'aina (long-
term community residents); or
``(iii) birth records of the State of Hawaii.
``(7) Office of hawaiian affairs.--The term `Office of
Hawaiian Affairs' means the entity of that name established
under the constitution of the State of Hawaii.
``(b) Authority.--To provide access to sources of private
financing to Native Hawaiian families who otherwise could not
acquire housing financing because of the unique legal status
of the Hawaiian Home Lands or as a result of a lack of access
to private financial markets, the Secretary may guarantee an
amount not to exceed 100 percent of the unpaid principal and
interest that is due on an eligible loan under subsection
(c).
``(c) Eligible Loans.--Under this section, a loan is an
eligible loan if that loan meets the following requirements:
``(1) Eligible borrowers.--The loan is made only to a
borrower who is--
``(A) a Native Hawaiian family;
``(B) the Department of Hawaiian Home Lands;
``(C) the Office of Hawaiian Affairs; or
``(D) a private nonprofit organization experienced in the
planning and development of affordable housing for Native
Hawaiians.
``(2) Eligible housing.--
``(A) In general.--The loan will be used to construct,
acquire, or rehabilitate not more than 4-family dwellings
that are standard housing and are located on Hawaiian Home
Lands for which a housing plan described in subparagraph (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 Secretary
under section 803 of the Native American Housing Assistance
and Self-Determination Act of 1996; and
``(ii) provides for the use of loan guarantees under this
section to provide affordable homeownership housing on
Hawaiian Home Lands.
``(3) Security.--The loan may be secured by any collateral
authorized under applicable Federal or State law.
``(4) Lenders.--
``(A) In general.--The loan shall be made only by a lender
approved by, and meeting qualifications established 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 considered
to be lenders that have been approved by the Secretary:
``(i) Any mortgagee approved by the Secretary for
participation in the single family mortgage insurance program
under title II of the National Housing Act (12 U.S.C.A. 1707
et seq.).
``(ii) Any lender that makes housing loans under chapter 37
of title 38, United States Code, that are automatically
guaranteed under section 3702(d) of title 38, United States
Code.
``(iii) Any lender approved by the Secretary of Agriculture
to make guaranteed loans for single family housing under the
Housing Act of 1949 (42 U.S.C.A. 1441 et seq.).
``(iv) Any other lender that is supervised, approved,
regulated, or insured by any agency of the Federal
Government.
``(5) Terms.--The loan shall--
``(A) be made for a term not exceeding 30 years;
``(B) bear interest (exclusive of the guarantee fee under
subsection (e) and service charges, if any) at a rate agreed
upon by the borrower and the lender and determined by the
Secretary to be reasonable, but not to exceed the rate
generally charged in the area (as determined by the
Secretary) for home mortgage loans not guaranteed or insured
by any agency or instrumentality of the Federal Government;
``(C) involve a principal obligation not exceeding--
``(i) 97.75 percent of the appraised value of the property
as of the date the loan is accepted for guarantee (or 98.75
percent if the value of the property is $50,000 or less); or
``(ii) the amount approved by the Secretary under this
section; and
``(D) involve a payment on account of the property--
``(i) in cash or its equivalent; or
``(ii) through the value of any improvements to the
property made through the skilled or unskilled labor of the
borrower, as the Secretary shall provide.
``(d) Certificate of Guarantee.--
[[Page H11336]]
``(1) Approval process.--
``(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 application
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 subparagraph
(A) shall be incontestable in the hands of the bearer.
``(C) Full faith and credit.--The full faith and credit of
the United States is pledged to the payment of all amounts
agreed to be paid by the Secretary as security for the
obligations made by the Secretary under this section.
``(4) Fraud and misrepresentation.--This subsection may not
be construed--
``(A) to preclude the Secretary from establishing defenses
against the original lender based on fraud or material
misrepresentation; or
``(B) to bar the Secretary from establishing by regulations
that are on the date of issuance or disbursement, whichever
is earlier, partial defenses to the amount payable on the
guarantee.
``(e) Guarantee Fee.--
``(1) In general.--The Secretary shall fix and collect a
guarantee fee for the guarantee of a loan under this section,
which may not exceed the amount equal to 1 percent of the
principal obligation of the loan.
``(2) Payment.--The fee under this subsection shall--
``(A) be paid by the lender at time of issuance of the
guarantee; and
``(B) be adequate, in the determination of the Secretary,
to cover expenses and probable losses.
``(3) Deposit.--The Secretary shall deposit any fees
collected under this subsection in the Native Hawaiian
Housing Loan Guarantee Fund established under subsection (j).
``(f) Liability Under Guarantee.--The liability under a
guarantee 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 supervision by an agency of the Federal
Government or of any State or the District of Columbia.
``(h) Disqualification of Lenders and Civil Money
Penalties.--
``(1) In general.--
``(A) Grounds for action.--The 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 detrimental 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 subparagraph
(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 additional
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 guaranteed under this section.
``(2) Civil money penalties for intentional violations.--
``(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 judgment.
``(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-1) with respect to mortgagees and lenders
under that Act.
``(3) Payment on loans made in good faith.--Notwithstanding
paragraphs (1) and (2), if a loan was made in good faith, the
Secretary may not refuse to pay a lender or holder of a valid
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 guaranteed
under this section defaults on the loan, the holder 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 (subject to the
provisions of this section) and may proceed to obtain payment
in 1 of the following manners:
``(I) Foreclosure.--
``(aa) In general.--The holder of the certificate may
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 submission to the Secretary of a
claim for payment under the guarantee, the Secretary shall
pay to the holder of the certificate the pro rata portion of
the amount guaranteed (as determined pursuant to subsection
(f)) plus reasonable fees and expenses as approved by the
Secretary.
``(cc) Subrogation.--The rights of the Secretary shall be
subrogated to the rights of the holder of the guarantee. The
holder shall assign the obligation and security to the
Secretary.
``(II) No foreclosure.--
``(aa) In general.--Without seeking foreclosure (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
Secretary may accept assignment of the loan if the Secretary
determines that the assignment is in the best interest of the
United States.
``(bb) Payment.--Upon assignment, the Secretary shall pay
to the holder of the guarantee the pro rata portion of the
amount guaranteed (as determined under subsection (f)).
``(cc) Subrogation.--The rights of the Secretary shall be
subrogated to the rights of the holder of the guarantee. The
holder shall assign the obligation and security to the
Secretary.
``(B) Requirements.--Before any payment under a guarantee
is made under subparagraph (A), the holder of the guarantee
shall exhaust all reasonable possibilities of collection.
Upon payment, in whole or in part, to the holder, the note or
judgment evidencing the debt shall be assigned to the United
States and the holder shall have no further claim against the
borrower or the United States. The Secretary shall then take
such action to collect as the Secretary determines to be
appropriate.
``(2) Limitations on liquidation.--
``(A) In general.--If a borrower defaults on a loan
guaranteed under this section that 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 subsequently
proceeds to liquidate the account, the mortgagee or the
Secretary shall not sell, transfer, or otherwise dispose 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
Guarantee 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 (d);
and
``(D) any interest or earnings on amounts invested under
paragraph (4).
``(3) Use.--Amounts in the Guarantee Fund shall be
available, to the extent provided in 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) paying taxes, insurance, prior liens, expenses
necessary to make fiscal adjustment in connection with the
application and transmittal of collections, and other
expenses and advances to protect the Secretary for loans
which are guaranteed under this section or held by the
Secretary;
[[Page H11337]]
``(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
currently 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.--
``(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 appropriations 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 subparagraph shall remain available until
expended.
``(C) Limitation on outstanding aggregate principal
amount.--Subject to the limitations in subparagraphs (A) and
(B), the Secretary may enter into commitments 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.--All 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 appropriations.--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.--
``(1) In general.--The Secretary shall, by regulation,
establish housing safety and quality standards to be applied
for use under this section.
``(2) Standards.--The standards referred to in paragraph
(1) shall--
``(A) provide sufficient flexibility to permit the use of
various designs and materials in housing acquired with loans
guaranteed under this section; and
``(B) require each dwelling unit in any housing acquired in
the manner described in subparagraph (A) to--
``(i) be decent, safe, sanitary, and modest in size and
design;
``(ii) conform with applicable general construction
standards for the region in which the housing is located;
``(iii) contain a plumbing system that--
``(I) uses a properly installed 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
energy for adequate lighting and for operation of appliances
that conforms to any appropriate county, State, or national
code;
``(v) be not less than the size provided under the
applicable locally 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 requirements for
new construction established by the Secretary under section
526(a) of the National Housing Act (12 U.S.C.A. 1735f-4),
unless the Secretary determines that the requirements are not
applicable.
``(l) Applicability of Civil Rights Statutes.--To the
extent that the requirements of title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d et seq.) or of title VIII of the
Act popularly known as the `Civil Rights Act of 1968' (42
U.S.C.A. 3601 et seq.) apply to a guarantee provided under
this subsection, nothing in the 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
TRANSACTIONS.
(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, conveying, warranting, or otherwise transferring any
interest in such trust land.
TITLE IV--WAKPA SICA RECONCILIATION PLACE
SEC. 401. FINDINGS.
Congress finds that--
(1) there is a continuing need for reconciliation between
Indians and non-Indians;
(2) the need may be met partially through the promotion of
the understanding of the history and culture of Sioux Indian
tribes;
(3) the establishment of a Sioux Nation Tribal Supreme
Court will promote economic development on reservations of
the Sioux Nation and provide 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 development and
the creation of jobs;
(5) there is a need to enhance and strengthen the capacity
of Indian tribal governments and tribal justice systems to
address conflicts which impair relationships in Indian
communities and between Indian and non-Indian communities and
individuals; and
(6) the establishment of the National Native American
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.
(a) Establishment.--The Secretary of Housing and Urban
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 enactment of this Act
by the Wakpa Sica Historical 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:
(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
construction 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
[[Page H11338]]
Wakpa Sica Historical Society under this section and
arrangements for the maintenance of Wakpa Sica Reconciliation
Place.
(3) Authorization of appropriations.--There are authorized
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
available funds to provide technical and financial assistance
to the Sioux Nation.
(b) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated to the
Department of Justice such sums as are necessary.
SEC. 413. LEGAL JURISDICTION NOT AFFECTED.
Nothing in this title shall be construed to expand,
diminish, or otherwise amend the civil or criminal legal
jurisdiction of the Federal Government or any tribal or State
government.
Subtitle B--GAO Study
SEC. 421. GAO STUDY.
(a) In General.--The Comptroller General shall conduct a
study and make findings and recommendations with respect to--
(1) Federal programs designed to assist Indian tribes and
tribal members with economic 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 provide
economic development, job creation, entrepreneurship, and
business development for Indian tribes and tribal members.
(b) Report.--The Comptroller General shall submit a report
to Congress on the study, findings, and recommendations
required by subsection (a) not later than 1 year after the
date of enactment of this Act.
TITLE V--EXPENDITURE OF FUNDS BY ZUNI INDIAN TRIBE
SEC. 501. EXPENDITURE OF FUNDS BY TRIBE AUTHORIZED.
Section 3 of the Zuni Land Conservation Act of 1990 (Public
Law 101-486) is amended--
(1) in subsection (b)(1), by striking ``The 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.
TITLE VI--TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Torres-Martinez Desert
Cahuilla Indians Claims Settlement Act''.
SEC. 602. CONGRESSIONAL FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) In 1876, the Torres-Martinez Indian 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.
(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
perimeter 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 representative of
all other affected Indian allotment owners.
(11) The Indian Suit has been stayed by the district court
to facilitate settlement negotiations.
(b) Purpose.--The purpose of this title is to 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.
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
individual 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
Agreement'' means the Agreement of Compromise and Settlement
Concerning Claims to the Lands of the United States Within
and on the Perimeter of the Salton Sea Drainage Reservoir
Held in Trust for the Torres-Martinez Indians 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 ``permanent
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 from lands within such water districts.
SEC. 604. RATIFICATION OF SETTLEMENT AGREEMENT.
The United States hereby approves, ratifies, and confirms
the Settlement Agreement.
SEC. 605. SETTLEMENT FUNDS.
(a) Establishment of Tribal and Allottees Settlement Trust
Funds Accounts.--
(1) In general.--There are established in the Treasury of
the United States three settlement trust fund accounts to be
known as the ``Torres-Martinez Settlement Trust Funds
Account'', the ``Torres-Martinez Allottees Settlement Account
I'', and the ``Torres-Martinez Allottees Settlement Account
II'', respectively.
(2) Availability.--Amounts held in the Torres-Martinez
Settlement Trust Funds Account, the Torres-Martinez Allottees
Settlement Account I, and the Torres-Martinez Allottees
Settlement Account II shall be available to the Secretary for
distribution 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
provisions of the Settlement Agreement.
(2) Cash payments by coachella valley water district.--
Within the time, in the manner, and upon the conditions
specified in the Settlement Agreement, the Coachella Valley
Water District shall pay the sum of $337,908.41 to the United
States for the benefit of the Tribe and any affected
allottees.
(3) Cash payments by imperial irrigation district.--Within
the time, in the manner,
[[Page H11339]]
and upon the conditions specified in the Settlement
Agreement, the Imperial Irrigation District 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
Agreement, the United States shall pay into the three
separate tribal and allottee trust fund accounts the total
sum of $10,200,000, of which sum--
(A) $4,200,000 shall be provided from moneys appropriated
by Congress under section 1304 of title 31, United States
Code, the 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 appropriated
by Congress for this specific purpose to the Secretary.
(5) Additional payments.--In the event that any of the sums
described in paragraph (2) or (3) are not timely paid by the
Coachella Valley Water District or the Imperial Irrigation
District, as the case may be, the delinquent payor shall pay
an 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
specified by this subsection.
(c) Administration of Settlement Trust Funds.--The
Secretary shall administer and distribute funds held in the
Torres-Martinez Settlement Trust Funds Account, the Torres-
Martinez Allottees Settlement Account I, and the Torres-
Martinez Allottees Settlement Account II in accordance with
the terms and conditions of the Settlement Agreement.
SEC. 606. TRUST LAND ACQUISITION AND STATUS.
(a) Acquisition and Placement of Lands Into Trust.--
(1) In general.--The Secretary shall convey into trust
status lands purchased or otherwise 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 Agreement and this title shall be considered as if
such lands were so acquired in trust status in 1909 except as
(i) to water rights as provided in subsection (c), and (ii)
to valid rights existing at the time of acquisition pursuant
to this title.
(2) Primary acquisition area.--
(A) In general.--The primary area 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 acreage that may be
acquired from such area is 11,800 acres less the number of
acres acquired and conveyed into trust under paragraph (3).
(B) Effect of objection.--Lands referred to in subparagraph
(A) may not be acquired pursuant to paragraph (1) if by
majority vote the governing body of the city within whose
incorporated boundaries (as such boundaries exist on the date
of the Settlement Agreement) the subject lands are situated
within formally 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.
(3) Secondary acquisition area.--
(A) In general.--Not more than 640 acres of land may be
acquired pursuant to paragraph (1) from those certain lands
located in the Secondary Acquisition Area, as defined in the
Settlement Agreement.
(B) Effect of objection.--Lands referred to in subparagraph
(A) may not be acquired pursuant to paragraph (1) if by
majority vote--
(i) the governing body of the city within whose
incorporated boundaries (as such boundaries exist on the date
of the Settlement Agreement) the subject lands are situated
within; or
(ii) the governing body of Riverside County, California, in
the event that such 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--
(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 California to commence an appropriation of
water, to appropriate water, or to increase the amount of
water appropriated;
(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.
(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 reservation
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
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 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.
(2) United states.--The United States, in its own right
shall, notwithstanding any prior or present reservation or
withdrawal of land of any kind, grant and convey to the
Imperial Irrigation District a permanent flowage easement as
to all Federal lands (approximately 110,000 acres) located
within and below the minus 220-foot contour of the Salton
Sink, in accordance with the terms and conditions of the
Settlement Agreement.
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
constitute full and complete satisfaction of the claims by
the Tribe and the allottees arising from or related to the
inundation and lack of drainage of tribal and allottee lands
described in section 602 of this title and further defined in
the Settlement Agreement.
(b) Approval of Waivers and Releases.--The United States
hereby approves and confirms the releases and waivers
required by the Settlement Agreement and this title.
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 responsibility of the United States to the Tribe and
its members.
(b) Eligibility for Other Services Not Affected.--No
payment 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 diminished.
(d) Amendment of Settlement Agreement.--The Settlement
Agreement may be amended from time to time in accordance with
its terms and conditions to the extent that such amendments
are not inconsistent with the trust land acquisition
provisions of the Settlement 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.
[[Page H11340]]
SEC. 611. EFFECTIVE DATE.
(a) In General.--Except as provided by subsection (b), this
title shall take effect on the date of the enactment of this
Act.
(b) Exception.--Sections 4, 5, 6, 7, and 8 shall take
effect on the date on which the Secretary determines the
following conditions have been met:
(1) The Tribe agrees to the Settlement Agreement and the
provisions of this title and executes the releases and
waivers required by the Settlement Agreement and this title.
(2) The Coachella Valley Water District agrees to the
Settlement Agreement and to the provisions of this title.
(3) The Imperial Irrigation District agrees to the
Settlement Agreement and to the provisions of this title.
TITLE VII--SHAWNEE TRIBE STATUS
SEC. 701. SHORT TITLE.
This title may be cited as the ``Shawnee Tribe Status Act
of 2000''.
SEC. 702. FINDINGS.
Congress finds the following:
(1) The Cherokee Shawnees, also known as the Loyal
Shawnees, are recognized as the descendants of the Shawnee
Tribe which was incorporated into the Cherokee Nation of
Indians of Oklahoma pursuant to an agreement entered into by
and between the Shawnee Tribe and the Cherokee Nation on June
7, 1869, and approved by the President on June 9, 1869, in
accordance with Article XV of the July 19, 1866, Treaty
between the United States and the Cherokee Nation (14 Stat.
799).
(2) The Shawnee Tribe from and after its incorporation and
its merger with the Cherokee Nation has continued to maintain
the Shawnee Tribe's separate culture, language, religion, 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
Agreement.
(5) On July 23, 1996, the Shawnee Tribal Business Committee
concurred in such resolution.
(6) On March 13, 2000, a second resolution was adopted by
the Tribal Council of the Cherokee Nation (Resolution 15-00)
supporting the 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.
(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.
SEC. 704. FEDERAL RECOGNITION, TRUST RELATIONSHIP, AND
PROGRAM ELIGIBILITY.
(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
subsection, 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
(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 services
and such funding agreements shall be honored by Federal
agencies, unless otherwise prohibited by law.
SEC. 705. ESTABLISHMENT OF A TRIBAL ROLL.
(a) Approval of Base Roll.--Not later than 180 days after
the date of enactment of this Act, the Tribe shall submit to
the Secretary for approval its base 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 eligible for
enrollment on the base membership roll of the Tribe if that
individual--
(1) is on, or eligible to be on, the membership roll of
Cherokee Shawnees maintained by the Tribe prior to the date
of enactment of this Act which is separate from the
membership roll of the Cherokee Nation; or
(2) is a lineal descendant of any person--
(A) who was issued a restricted fee patent to land pursuant
to Article 2 of the Treaty of 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 in the Tribe
shall be as determined under the eligibility requirements set
out in subsection (b)(2) or under such future membership
ordinance as the Tribe may adopt.
SEC. 706. ORGANIZATION OF THE TRIBE; TRIBAL CONSTITUTION.
(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
Committee, as constituted on the date of 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.
(a) Land Acquisition.--
(1) In general.--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.
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
jurisdiction the Secretary recognizes the land to be, and
only
[[Page H11341]]
to the extent that the Tribe's jurisdiction has been agreed
to by that host tribe.
(b) Rule of Construction.--Nothing in this title shall be
construed to diminish or otherwise limit the jurisdiction of
any Indian tribe that is federally recognized on the day
before the date of enactment of this Act over trust land,
restricted land, or other forms of Indian country of that
Indian tribe on such date.
SEC. 709. INDIVIDUAL INDIAN LAND.
Nothing in this title shall be construed to affect the
restrictions against alienation of any individual Indian's
land and those restrictions shall continue in force and
effect.
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.
TITLE VIII--TECHNICAL CORRECTIONS
SEC. 801. SHORT TITLE.
This title may be cited as the ``Native American Laws
Technical Corrections Act of 2000''.
Subtitle A--Miscellaneous Technical Provisions
SEC. 811. TECHNICAL CORRECTION TO AN ACT AFFECTING THE STATUS
OF MISSISSIPPI CHOCTAW LANDS AND ADDING SUCH
LANDS TO THE CHOCTAW RESERVATION.
Section 1(a)(2) of Public Law 106-228 (an Act to make
technical corrections to the status of certain land held in
trust for the Mississippi Band of Choctaw Indians, to take
certain land into trust for that Band, and for other
purposes) is amended by striking ``September 28, 1999'' and
inserting ``February 7, 2000''.
SEC. 812. TECHNICAL CORRECTIONS CONCERNING THE FIVE CIVILIZED
TRIBES OF OKLAHOMA.
(a) Indian Self-Determination Act.--Section 1(b)(15)(A) of
the model agreement set forth in section 108(c) of the Indian
Self-Determination Act (25 U.S.C. 450l(c)) is amended--
(1) by striking ``and section 16'' and inserting ``,
section 16''; and
(2) by striking ``shall not'' and inserting ``and the Act
of July 3, 1952 (25 U.S.C. 82a), shall not''.
(b) Indian Self-Determination and Education Assistance
Act.--Section 403(h)(2) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 458cc(h)(2)) is amended--
(1) by striking ``and section'' and inserting ``section'';
and
(2) by striking ``shall not'' and inserting ``and the Act
of July 3, 1952 (25 U.S.C. 82a), shall not''.
(c) Repeals.--The following provisions of law are repealed:
(1) Section 2106 of the Revised Statutes (25 U.S.C. 84).
(2) Sections 438 and 439 of title 18, United States Code.
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.
SEC. 814. TECHNICAL AMENDMENT TO THE INDIAN CHILD PROTECTION
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 2 of more misdemeanor
offenses,''; and
(2) by striking ``or crimes against persons'' and inserting
``crimes against persons; or offenses committed against
children''.
SEC. 815. TECHNICAL AMENDMENT TO EXTEND THE AUTHORIZATION
PERIOD UNDER THE INDIAN HEALTH CARE IMPROVEMENT
ACT.
The authorization of appropriations for, and the duration
of, each program or activity under the Indian Health Care
Improvement Act (25 U.S.C. 1601 et seq.) is extended through
fiscal year 2001.
SEC. 816. TECHNICAL AMENDMENT TO EXTEND THE 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 assistance and
resources for policy analysis, and carrying out other
appropriate activities.''.
(b) Administrative Provisions.--Section 12(b) of the Morris
K. Udall Scholarship and Excellence in National Environmental
and Native American Public Policy Act of 1992 (20 U.S.C.
5608(b)) is amended by inserting before the period at the end
the following: ``and to the activities of the Foundation
under section 6(7)''.
(c) Authorization of Appropriations.--Section 13 of the
Morris K. Udall Scholarship and Excellence in National
Environmental and Native American Public 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
ASSISTANCE.
Section 7 of the Act of October 19, 1973 (25 U.S.C. 1407)
is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by adding ``or'' at the end; and
(3) by inserting after paragraph (3), the following:
``(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
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
appurtenances 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.
(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;
[[Page H11342]]
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 currently
occupied by the Santa Fe Indian Hospital and its parking
facilities as more fully described as Parcel ``A'' in legal
description No. Pd-K-51-06-01 and recorded as Document No.
059-3-778, Bureau of Indian Affairs Land Title & Records
Office, Albuquerque, New Mexico; and
(3) the right of the United States to use, 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 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
noncompliance that was the subject of the notice has not been
corrected, the land shall revert to the United States.
(c) Applicability of Laws.--Except as otherwise provided in
this subtitle, the land taken into trust under section 823(a)
shall be subject to the laws of the United States relating to
Indian lands.
(d) Gaming.--Gaming, as defined and regulated by the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.), shall be
prohibited on the land taken into trust under subsection (a).
TITLE IX--CALIFORNIA INDIAN LAND TRANSFER
SEC. 901. SHORT TITLE.
This title may be cited as the ``California Indian Land
Transfer Act''.
SEC. 902. LANDS HELD IN TRUST FOR VARIOUS TRIBES OF
CALIFORNIA INDIANS.
(a) In General.--Subject to valid existing rights, all
right, title, and interest of the United States in and to the
lands, including improvements and appurtenances, described in
a paragraph of subsection (b) in connection with the
respective tribe, band, or group of Indians named in such
paragraph are hereby declared to be held in trust by the
United States for the benefit of such tribe, band, or group.
Real property taken into trust pursuant to this subsection
shall not be considered to have been taken into trust for
gaming (as that term is used in the Indian 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:
S\1/2\ NW\1/4\, NW\1/4\ NW\1/4\, 120 acres.
Township 43 North, Range 13 East
Section 1:
N\1/2\ NE\1/4\, 80 acres,
Section 22:
SE\1/4\ SE\1/4\, 40 acres,
Section 25:
SE\1/4\ NW\1/4\, 40 acres,
Section 26:
SW\1/4\ SE\1/4\, 40 acres,
Section 27:
SE\1/4\ NW\1/4\, 40 acres,
Section 28:
NE\1/4\ SW\1/4\, 40 acres,
Section 32:
SE\1/4\ SE\1/4\, 40 acres,
Section 34:
SE\1/4\ NW\1/4\, 40 acres,
Township 44 North, Range 14 East,
Section 31:
S\1/2\ SW\1/4\, 80 acres.
(2) Fort independence community of paiute indians.--Lands
to be held in trust for the Fort Independence Community of
Paiute Indians are comprised of approximately 200.06 acres
described as follows:
Mount Diablo Base and Meridian
Township 13 South, Range 34 East
Section 1:
W\1/2\ of Lot 5 in the NE\1/4\, Lot 3, E\1/2\
of Lot 4, and E\1/2\ of Lot 5 in the NW\1/4\.
(3) Barona group of capitan grande band of mission
indians.--Lands to be held in trust for the Barona Group of
Capitan Grande Band of 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:
NE\1/4\, N\1/2\SE\1/4\, SE\1/4\SE\1/4\.
Section 32:
W\1/2\SW\1/4\, NE\1/4\SW\1/4\, NW\1/4\SE\1/4\.
Section 33:
SE\1/4\, SW\1/4\SW\1/4\, E\1/2\SW\1/4\.
(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, S\1/2\.
Section 25:
Lots 2 and 5.
Section 28:
Lots, 1, 2, 3, and 4, N\1/2\SE\1/4\.
(6) Morongo band of mission indians.--Lands to be held in
trust for the Morongo Band of Mission Indians are comprised
of approximately 40 acres described as follows:
San Bernardino Base and Meridian
Township 3 South, Range 2 East
Section 20:
NW\1/4\ of NE\1/4\.
(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:
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\1/4\SW\1/4\.
Section 19:
Lots 5, 6, 7.
S\1/2\NE\1/4\, SE\1/4\NW\1/4\, NE\1/4\SE\1/4\.
Section 20:
Lot 1.
SEC. 903. MISCELLANEOUS PROVISIONS.
(a) Proceeds From Rents and Royalties Transferred to
Indians.--Amounts which accrue to the United States after the
date of the enactment of this Act from sales, bonuses,
royalties, and rentals relating to any land described in
section 902 shall be available for use or obligation, in such
manner and for such purposes as the Secretary may approve, by
the tribe, band, or group of Indians for whose benefit such
land is taken into trust.
(b) Notice of Cancellation of Grazing Preferences.--Grazing
preferences on lands described in section 902 shall terminate
2 years after the date of the enactment of this Act.
(c) Laws Governing Lands To Be Held in Trust.--
(1) In general.--Any lands which are to be held in trust
for the benefit of any tribe, band, or group of Indians
pursuant to this Act shall be added to the existing
reservation of the tribe, band, or group, and the official
boundaries of the reservation shall be modified accordingly.
(2) Applicability of laws of the united states.--The lands
referred to in paragraph (1) shall be subject to the laws of
the United States 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 enactment
of this Act.
TITLE X--NATIVE AMERICAN HOMEOWNERSHIP
SEC. 1001. LANDS TITLE REPORT COMMISSION.
(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 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 chairperson of
the Committee on Banking and Financial Services of the House
of Representatives.
(C) Four members shall be appointed by the chairperson of
the Committee on Banking, Housing, and Urban Affairs of the
Senate.
(2) Qualifications.--
(A) Members of tribes.--At all times, not less than 8 of
the members of the Commission shall be members of federally
recognized Indian tribes.
(B) Experience in land title matters.--All members of the
Commission shall have experience in and knowledge of land
title matters relating to Indian trust lands.
[[Page H11343]]
(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 shall 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 accordance 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
Americans to obtain conventional loans for purchase of
residences located on Indian trust lands, including any
actions necessary to ensure that the system will promptly be
able to meet future demands for certified title status
reports, taking into account the anticipated complexity and
volume of such requests.
(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 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 evidence
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
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
section, 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 principal
amount.--Subject to the limitations in subparagraphs (A) and
(B), the Secretary may enter into commitments 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
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 consistent with the requirements of subsection (d)(2)
until such time as the matter of making such payments has
been resolved in accordance with subsection (d).''.
(b) Assistance to Families That Are Not Low-Income.--
Section 102(c) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4112(c)) is amended
by adding at the end the following:
``(6) Certain families.--With respect to assistance
provided 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
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) or
any other provision of law that furthers the goals of that
Act;
``(2) does not threaten the health or safety of the
community involved by posing an immediate or long-term hazard
to residents of that community;
``(3) is a result of inadvertent error, including an
incorrect or incomplete certification provided under
subsection (c)(1); and
``(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
(3) by inserting after paragraph (3) the following new
paragraph:
``(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
REQUIREMENT.
``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 American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4165) is amended to read as follows:
``SEC. 405. REVIEW AND AUDIT BY SECRETARY.
``(a) Requirements Under Chapter 75 of Title 31, United
States Code.--An entity designated by an Indian tribe as a
housing entity shall be treated, for purposes of chapter 75
of title 31, United States Code, as a non-Federal entity that
is subject to the audit requirements that apply to non-
Federal entities under that chapter.
``(b) Additional Reviews and Audits.--
``(1) In general.--In addition to any audit or review under
subsection (a), to the extent the Secretary determines such
action to be appropriate, the Secretary may conduct an audit
or review of a recipient in order to--
``(A) determine whether the recipient--
``(i) has carried out--
``(I) eligible activities in a timely manner; and
[[Page H11344]]
``(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.
``(2) On-site visits.--To the extent practicable, the
reviews and audits conducted under this subsection shall
include on-site visits by the appropriate official of the
Department of Housing and Urban Development.
``(c) Review of Reports.--
``(1) In general.--The Secretary shall provide each
recipient that is the subject of a report made by the
Secretary under this section notice that the recipient may
review and comment on the report during a period of not less
than 30 days after the date on which notice is issued under
this paragraph.
``(2) Public availability.--After taking into consideration
any comments of the recipient under paragraph (1), the
Secretary--
``(A) may revise the report; and
``(B) not later than 30 days after the date on which those
comments are received, shall make the comments and the report
(with any revisions made under subparagraph (A)) readily
available to the public.
``(d) Effect of Reviews.--Subject to section 401(a), after
reviewing the reports and audits relating to a recipient that
are submitted to the Secretary under this section, the
Secretary may adjust the amount of a grant made to a
recipient under this Act in accordance with the findings of
the Secretary with respect to those reports and audits.''.
(g) Allocation Formula.--Section 302(d)(1) of the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4152(d)(1)) is amended--
(1) by striking ``The formula,'' and inserting the
following:
``(A) In general.--Except with respect to an Indian tribe
described in subparagraph (B), the formula''; and
(2) by adding at the end the following:
``(B) Certain indian tribes.--With respect to fiscal year
2001 and each fiscal year thereafter, for any Indian tribe
with an Indian housing authority that owns or operates fewer
than 250 public housing units, the formula shall provide that
if the amount provided for a fiscal year in which the total
amount made available for assistance under this Act is equal
to or greater than the amount made available for fiscal year
1996 for assistance for the operation and modernization of
the public housing referred to in subparagraph (A), then the
amount provided to that Indian tribe as modernization
assistance shall be equal to the average annual amount of
funds provided to the Indian tribe (other than funds provided
as emergency assistance) under the assistance program under
section 14 of the United States Housing Act of 1937 (42
U.S.C. 1437l) for the period beginning with fiscal year 1992
and ending with fiscal year 1997.''.
(h) Hearing Requirement.--Section 401(a) of the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4161(a)) is amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and realigning
such subparagraphs (as so redesignated) so as to be indented
4 ems from the left margin;
(2) by striking ``Except as provided'' and inserting the
following:
``(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 provision of
this subsection, if the Secretary makes a determination 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 Secretary 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 determination
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
following:
``(1) In general.--If the Secretary'';
(2) by striking ``(1) is not'' and inserting the following:
``(A) is not'';
(3) by striking ``(2) is a result'' and inserting the
following:
``(B) is a result'';
(4) in the flush material following paragraph (1)(B), as
redesignated by paragraph (3) of this subsection--
(A) by realigning such material so as to be indented 2 ems
from the left margin; and
(B) by inserting before the period at the end the
following: ``, if the recipient enters into a performance
agreement with the Secretary that specifies the compliance
objectives 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 performance
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
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 compliance
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
determine the recipient to have failed to comply
substantially with this Act, and the recipient shall be
subject to an action under subsection (a).''.
(j) Labor Standards.--Section 104(b) of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4114(b) is amended--
(1) in paragraph (1), by striking ``Davis-Bacon Act (40
U.S.C. 276a-276a-5)'' and inserting ``Act of March 3, 1931
(commonly known as the Davis-Bacon Act; chapter 411; 46 Stat.
1494; 40 U.S.C 276a et seq.)''; and
(2) by adding at the end the following new paragraph:
``(3) Application of tribal laws.--Paragraph (1) shall not
apply to any contract or agreement for assistance, sale, or
lease pursuant to this Act, if such contract or agreement is
otherwise covered by one or more laws or regulations adopted
by an Indian tribe that requires the payment of not less than
prevailing wages, as determined by the Indian tribe.''.
(k) Technical and Conforming Amendments.--
(1) Table of contents.--Section 1(b) of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4101 note) is amended in the table of contents--
(A) by striking the item relating to section 206; and
(B) by striking the item relating to section 209 and
inserting the following:
``209. Noncompliance with affordable housing requirement.''.
(2) Certification of compliance with subsidy layering
requirements.--Section 206 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4136) is repealed.
(3) Terminations.--Section 502(a) of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4181(a)) is amended by adding at the end the
following: ``Any housing that is the subject of a contract
for tenant-based assistance between the Secretary and an
Indian housing authority that is terminated under this
section shall, for the following fiscal year and each fiscal
year thereafter, be considered to be a dwelling unit under
section 302(b)(1).''.
TITLE XI--INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Indian Employment,
Training, and Related Services Demonstration Act Amendments
of 2000''.
SEC. 1102. FINDINGS, PURPOSES.
(a) Findings.--The Congress finds that--
(1) Indian tribes and Alaska Native organizations that have
participated in carrying out programs under the Indian
Employment, Training, and Related Services Demonstration Act
of 1992 (25 U.S.C. 3401 et seq.) have--
(A) improved the effectiveness of employment-related
services provided by those tribes and organizations to their
members;
(B) enabled more Indian and Alaska Native people to prepare
for and secure employment;
(C) assisted in transitioning tribal members from welfare
to work; and
(D) otherwise demonstrated the value of integrating
employment, training, education and related services.
(E) the initiatives under the Indian Employment, Training,
and Related Services Demonstration Act of 1992 should be
strengthened by ensuring that all Federal programs that
emphasize the value of work may be included within a
demonstration program of an Indian or Alaska Native
organization; and
(F) the initiatives under the Indian Employment, Training,
and Related Services Demonstration Act of 1992 should have
the benefit of the support and attention of the officials
with policymaking authority of--
(i) the Department of the Interior; or
(ii) other Federal agencies that administer programs
covered by the Indian Employment, Training, and Related
Services Demonstration Act of 1992.
[[Page H11345]]
(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
paragraphs (2) through (4), respectively; and
(2) by inserting before paragraph (2) the following:
``(1) Federal agency.--The term `federal agency' has the
same meaning given the term `agency' in section 551(1) of
title 5, United States Code.''.
(b) Programs Affected.--Section 5 of the Indian
Employment, Training, and Related Services Demonstration Act
of 1992 (25 U.S.C. 3404) is amended by striking ``job
training, tribal work experience, employment opportunities,
or skill development, or any program designed for the
enhancement of job opportunities or employment training'' and
inserting the following: ``assisting Indian youth and adults
to succeed in the workforce, encouraging self-sufficiency,
familiarizing Indian Youth and adults with the world of work,
facilitating the creation of job opportunities and any
services 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
``Federal agency'';
(3) by striking ``department'' each place it appears and
inserting ``agency''; and
(4) in the third sentence, by inserting ``statutory
requirement,'', 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 government''; and
(2) in the second sentence, by inserting before the period
at the end the following: ``, including reconsidering the
disapproval of any waiver requested by the Indian tribe''.
(e) Job Creation Activities Authorized.--Section 9 of the
Indian Employment, Training, and Related Services
Demonstration Act of 1992 (25 U.S.C. 3407) is amended--
(1) by inserting ``(a) In General.--'' before ``The plan
submitted''; and
(2) by adding at the end the following:
``(b) Job Creation Opportunities.--
``(1) In general.--Notwithstanding any other provisions of
law, including any requirement of a program that is
integrated under a plan under this Act, a tribal government
may use a percentage of the funds made available under this
Act (as determined under paragraph (2)) for the creation of
employment opportunities, including providing private sector
training placement under section 10.
``(2) Determination of percentage.--The percentage of funds
that a tribal government may use under this subsection is the
greater of--
``(A) the rate of unemployment in the service area of the
tribe up to a maximum of 25 percent; or
``(B) 10 percent.
``(c) Limitation.--The funds used for an expenditure
described in subsection (a) may only include funds made
available to the Indian tribe by a Federal agency under a
statutory or administrative formula.''.
SEC. 1104. REPORT ON EXPANDING THE OPPORTUNITIES FOR PROGRAM
INTEGRATION.
Not later than one year after the date of enactment of
this title, the Secretary, the Secretary of Health and Human
Services, the Secretary of Labor, and the tribes and
organizations participating in the integration initiative
under this title shall submit a report to the Committee on
Indian Affairs of the Senate and the Committee on Resources
of the House of Representatives on the opportunities for
expanding the integration of human resource 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 activities which might be
integrated and make recommendations for the removal of any
statutory or other barriers to such integration.
TITLE XII--NAVAJO NATION TRUST LAND LEASING
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Navajo Nation Trust Land
Leasing Act of 2000''.
SEC. 1202. CONGRESSIONAL FINDINGS AND DECLARATION OF
PURPOSES.
(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
responsibility 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
economic 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 has promulgated the regulations 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 of individual
leases, except 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 of the individual leases, except
leases for exploration, development, or extraction of any
mineral resources.
(3) To revitalize the distressed Navajo Reservation by
promoting 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.
(c) Definitions.--In this section:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given such term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)).
(2) Navajo nation.--The term ``Navajo Nation'' means the
Navajo Nation government that is in existence on the date of
enactment of this Act.
(3) Tribal regulations.--The term ``tribal regulations''
means the Navajo Nation regulations as enacted by the Navajo
Nation Council or its standing committees and approved by the
Secretary.
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
lands' means Navajo Indian allotted land that is owned by 1
or more individuals located within the Navajo Nation;
``(4) the term `Navajo Nation' means the Navajo Nation
government that is in existence on the date of enactment of
this Act;
``(5) the term `Secretary' means the Secretary of the
Interior; and
``(6) the term `tribal regulations' means the Navajo Nation
regulations as enacted by the Navajo Nation Council or its
standing committees 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), except a lease for the
exploration, development, or extraction of any mineral
resources, shall not require the approval of the Secretary if
the term of the lease does not exceed 75 years (including
options to renew), and the lease is executed under tribal
regulations that are approved by the Secretary under this
subsection.
``(2) Paragraph (1) shall not apply to individually owned
Navajo Indian allotted land located within the Navajo Nation.
``(3) The Secretary shall have the authority to approve or
disapprove tribal regulations required under paragraph (1).
The Secretary shall not have approval authority over
individual leases of Navajo trust lands, except for the
exploration, development, or extraction of any mineral
resources. The Secretary shall perform the duties of the
Secretary under this subsection in the best interest of the
Navajo Nation.
``(4) If the Navajo Nation has executed a lease pursuant to
tribal regulations required
[[Page H11346]]
under paragraph (1), the United states shall not be liable
for losses sustained by any party to such lease, including
the Navajo Nation, except that--
``(A) the Secretary shall continue to have a trust
obligation to ensure that the rights of the Navajo Nation are
protected in the event of a violation of the terms of any
lease by any other party to such lease, including the right
to cancel the lease if requested by the Navajo Nation; and
``(B) nothing in this subsection shall be construed to
absolve the United States from any responsibility to the
Navajo Nation, including responsibilities that derive from
the trust relationship and from any treaties, Executive
orders, or agreements between the United States and the
Navajo Nation, except as otherwise specifically provided in
this subsection.''.
TITLE XIII--AMERICAN INDIAN EDUCATION FOUNDATION
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
``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 accordance 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
individuals in undertaking and conducting activities that
will further the educational opportunities of American
Indians attending Bureau funded schools.
``(f) Board of Directors.--
``(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, 2 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 Secretary not later than 6 months after the
date that the Foundation is established and shall have
staggered terms (as determined 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
practicable, represent diverse points of view relating to the
education 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
management of its property and the regulation of its affairs,
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.
``(j) Service 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.
``(l) Restrictions.--
``(1) Limitation on spending.--Beginning with the fiscal
year following the first full fiscal year during which the
Foundation 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 officers
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
subsection (b), during the 5-year period beginning on the
date that the Foundation is established, the Secretary--
``(1) may provide personnel, facilities, and other
administrative 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
subsection (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 Foundation 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--
``(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
established by the Secretary pursuant to section 501; and
``(3) the term `Secretary' means the Secretary of the
Interior.''.
TITLE XIV--GRATON RANCHERIA RESTORATION
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Graton Rancheria
Restoration Act''.
SEC. 1402. FINDINGS.
The Congress finds that in their 1997 Report to Congress,
the Advisory Council on California Indian Policy specifically
recommended the immediate legislative restoration of the
Graton Rancheria.
SEC. 1403. DEFINITIONS.
For purposes of this title:
(1) The term ``Tribe'' means the Indians of the Graton
Rancheria of California.
(2) The term ``Secretary'' means 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.
[[Page H11347]]
(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 any specific provision of this title shall
be applicable to the Tribe and its members.
(b) Restoration of Rights and Privileges.--Except as
provided in subsection (d), all rights and privileges of the
Tribe and its members under any Federal treaty, Executive
order, agreement, or statute, or under any other authority
which were diminished or lost under the Act of August 18,
1958 (Public 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 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 payment 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
provided in this title, nothing in this title shall alter any
property right or obligation, any contractual right or
obligation, or any obligation for taxes levied.
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, California, 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 Be 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 Be 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.
SEC. 1406. MEMBERSHIP ROLLS.
(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
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 September 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, California,
vicinities, in documents prepared by or at the direction of
the Bureau of Indian Affairs, or in any other public or
California mission records; or
(D) such individual is a lineal descendant of an
individual, living or dead, identified in subparagraph (A),
(B), or (C).
(2) After adoption of a tribal constitution under section
1408, such tribal constitution shall govern membership in the
Tribe.
(c) Conclusive Proof of Graton Indian 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 individuals
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 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
substantively 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 Secretary'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 Government''
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 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
regulations generally applicable to amending applications
under section 14(h)(1) of ANCSA.
[[Page H11348]]
SEC. 1505. PROCEDURE FOR EVALUATING APPLICATIONS.
All applications under section 1503 of this title shall be
evaluated 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. APPLICABILITY.
(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 Corporation 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.
The SPEAKER pro tempore (Mr. McHugh). Pursuant to the rule, the
gentleman from Pennsylvania (Mr. Sherwood) and the gentleman from
California (Mr. George Miller) each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania (Mr. Sherwood).
Mr. SHERWOOD. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of H.R. 5528, the Omnibus Indian Advancement
Act. In addition to legislation to provide a suitable facility to house
the Sioux Nation Tribal Supreme Court, this omnibus bill contains some
very important bills, including H.R. 2820, the Salt River Pima-Maricopa
Indian Community Irrigation Works Bill; H.R. 4725, the Zuni Land
Conservation Act Amendments; S. 3031, the Senate's Indian technical
corrections bill; S. 614, the Indian Employment Training Act; S. 2665,
the Navajo Nation Trust Land Leasing Act; H.R. 3080, the American
Indian Education Foundation Act; S. 3019, the Shawnee Tribe Status Act
of 2000; and S. 400, the Native American Homeownership Act.
Many of these bills have already been passed by either this House or
the other body. It is my understanding that the minority has cleared
this bill and this package has even been cleared with the other body. I
urge my colleagues to support this very important bill.
Mr. Speaker, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, the gentleman from Pennsylvania has explained the
legislation quite accurately. As he has pointed out, most of these
pieces of legislation have passed out of the House or the Senate. We
have worked out a compromise with the majority as well as with the
Senate, and I urge my colleagues to support this package.
Mr. Speaker, I yield back the balance of my time.
Mr. SHERWOOD. Mr. Speaker, I yield 3 minutes to the gentleman from
South Dakota (Mr. Thune).
Mr. THUNE. Mr. Speaker, I thank the gentleman for yielding me this
time.
The bill I introduced, H.R. 5528, the Wakpa Sica Reconciliation Place
Act, would provide an authorization of $18,258,441 for construction of
the Wakpa Sica Reconciliation Place near Fort Pierre, South Dakota. The
building would house the Sioux Nation Tribal Supreme Court and
Historical Archive and Display Center pertaining to the Sioux Nation,
mediation and alternative dispute resolution facilities, and a Sioux
Nation Economic Development Center.
Mr. Speaker, at the suggestion of Tim Giago, publisher of Lakota
Times, Governor George Mickelson, the late governor, in 1989 launched
what he called the Year of Reconciliation. Governor Mickelson, through
the Year of Reconciliation, called upon the State's American Indians
and non-Indians to look past differences and to focus on issues where
there could be agreement. The dialogue the Year of Reconciliation then
led to an extension from a year to a century of reconciliation in 1991.
The century of reconciliation was more than good feelings and nice
words. Governor Mickelson was committed to producing tangible results,
including an Indian rural health care initiative and programs fostering
business development on the reservations.
Still, one major issue that impacts economic development
significantly has yet to be resolved. That is the issue of civil and
criminal legal jurisdiction. This has long been a thorny issue between
the tribes and State and Federal governments. The Sioux Nation Tribal
Supreme Court, based out of the Wakpa Sica Reconciliation Place, would
provide a venue for tribal and nontribal interests to appeal the
decisions of individual tribal courts. Today, there are too many
uncertainties associated with investments on reservations. These
uncertainties have led businesses and investors to look past Indian
country when it comes to establishing a business or making investments.
The Sioux Nation Tribal Supreme Court would act as a Court of Appeals
for legal decisions resulting from actions occurring within the
jurisdiction of one of the 11 tribes of the Sioux Nation. The bill
would not alter criminal or civil jurisdictions in any way. The center
that would house the Supreme Court would also contain legal resources,
such as a library and law clerks. Information, knowledge and expertise
then would be available to the tribes in drafting of ordinances and
making legal decisions, ultimately bringing uniformity and consistency
to the legal systems for each of the tribes.
Mr. Speaker, I would like to thank the gentleman from Alaska (Mr.
Young) and the gentleman from California (Mr. George Miller), the
ranking member, and the House majority leadership for their cooperation
in bringing this bill to the floor as we approach adjournment. I would
also like to thank the tribal and local interests, including Bill
Fischer, Lower Brule Sioux Tribe chairman, Michael Jandreau, and
Clarence Skye for their tireless efforts and so many others in South
Dakota who have helped to make this bill a reality.
Again, I ask my colleagues to vote in support of the bill.
Mr. Speaker, today I rise and ask for the House to support the bill
before us, H.R. 5528.
The bill I introduced, H.R. 5528, the Wakpa Sica Reconciliation Place
Act, would provide an authorization of $18,258,441 for construction of
the Wakpa Sica Reconciliation Place near Fort Pierre, South Dakota. The
building would house the Sioux Nation Tribal Supreme Court, an
historical archive and display center pertaining to the Sioux Nation,
mediation and alternative dispute resolution facilities, and a Sioux
Nation economic development center.
The concept for the center is the product of a number of dedicated
citizens, both American Indians and non-Indians, in South Dakota. The
members of the Wakpa Sica Historical Society have worked for over a
decade to develop this center with each of the 11 tribes of the Sioux
Nation, local governments, chambers of commerce, state organizations,
South Dakota Governor William Janklow, and the South Dakota
congressional delegation.
The history of the Sioux Nation, which includes the Dakota, Lakota,
and Nakota Sioux, and the State of South Dakota is one that is probably
best described as a work in progress. As my colleagues may know, the
interactions between the various tribes and non-Indians have at too
many points been marred by mistrust, misunderstanding, and mistakes.
The tribes and the people of the state have attempted to bridge the
cultural differences over the years. Perhaps the most memorable and
most successful was an effort spearheaded by the late Governor George
S. Mickelson in 1989.
At the suggestion of Tim Giago, publisher of the Lakota Times,
Governor Mickelson launched what he called the Year of Reconciliation.
Governor Mickelson through the Year of Reconciliation called upon the
state's American Indians and non-Indians to look past differences and
to focus on issues where there could be agreement. The dialogue the
Year of Reconciliation then led to an extension from a year to a
Century of Reconciliation in 1991.
The Century of Reconciliation was more than good feelings and nice
words. Governor Mickelson was committed to producing tangible results,
including an Indian rural health care initiative and programs fostering
business development on the reservations.
Still one major issue that impacts economic development significantly
has yet to be resolved. That is the issue of civil and criminal legal
jurisdiction. This has long been a thorny issue between the tribes and
the state and federal governments.
The Sioux Nation Tribal Supreme Court based out of the Wakpa Sica
Reconciliation Place would provide a venue for tribal and non-tribal
interests to appeal decisions of individual tribal courts.
For purposes of this Act, the Sioux Nation would be defined as the
Cheyenne River
[[Page H11349]]
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.
Today, there are too many uncertainties associated with investments
on reservations. These uncertainties have led businesses and investors
to look past Indian Country when it comes to establishing a business or
making investments.
The Sioux Nation Tribal Supreme Court would act as a court of appeals
for legal decisions resulting from actions occurring within the
jurisdiction of one of the 11 tribes of the Sioux Nation. The bill
would not alter criminal or civil jurisdictions in any way. The center
that would house the Supreme Court would also contain legal resources,
such as a library and law clerks. Information, knowledge, and expertise
then would be available to the tribes in drafting of ordinances and
making legal decisions, ultimately bringing uniformity and consistency
to the legal systems for each of the tribes.
The bill also would provide a repository for archival information for
tribal descendents and artifacts as well as an interpretative center of
relations between American Indians and non-Indians. The site chosen is
one of significance. It borders the original site of a trading fort,
Fort Pierre, that was a center for commerce and trade between Indians
and non-Indians. It also would be located at a setting near some of the
Sioux Tribe's first encounters with the Lewis and Clark Corps of
Discovery.
Another important component of the bill concerns Title II. Title II
of the bill would authorize a General Accounting Office (GAO) review of
existing tribal economic development, job creation, entrepreneurship,
and business development programs. Title II has been modified from a
previous version I had drafted for consideration. A draft version of
the bill would have provided for a Native American Economic Development
Council made up of representatives of each of the 11 tribes as well as
appointees of the Secretary of Interior and the Governor of South
Dakota. Although the Gentleman from Alaska, Chairman Young, agrees with
the need for economic stimulation on our reservations, he made clear
his belief that the creation of a new program at this time requires
additional review of the Committee on Resources.
While I feel as though the program as drafted would fulfill its
mission and goals, I am willing to continue working with him toward
this goal through this session and next Congress. I am certain the GAO
study will provide important information about existing programs. With
that information in hand, we can work toward an economic development
program that is not duplicative of current efforts and directs funding
at the greatest needs and for the greatest good.
There is no question that there are tremendous needs when it comes to
improving economic opportunities in Indian Country and in Rural
America. The counties in South Dakota where reservations are located
experience some of the highest poverty rates and unemployment rates in
the nation. Yet, assistance already is being provided to the tribes and
to assist American Indians with job and business ownership
opportunities.
Our challenge now is to scrutinize the obstacles to achieving
economic prosperity, identify ways to overcome those obstacles, and
build opportunities. I will continue working with the tribes of the
Sioux Nation and my colleagues in Congress to see this happen.
I also should point to changes that were made in order to accommodate
concerns regarding the trust status. The bill outlines in Sec. 101 that
the Secretary of Interior take the land into trust on behalf of the
Sioux Nation. Language has been included that the Reconciliation Place
land have trust status only for the purposes outlined under subsection
c of the bill. It would be my understanding of the language that trust
status would not apply for purposes not designated by the Act or if the
facility ceases to function for the purposes under the Act.
The last component of this legislation allows for a mediation center
to be established in the Wakpa Sica Reconciliation Place. The
Department of Justice Office of Tribal Justice has testified before
Congress regarding the need for mediation training and services in
South Dakota. Mediation and conflict resolution training could help
fulfill the desire of Governor Mickelson to ensure that we have done
more than create government programs and, as he said, for future
generations of South Dakotans to ``see that you and I, Indian and non-
Indian, are concerned about one another.''
Mr. Speaker, I think our colleagues in the House can see the bill
before us has the potential to address some very real needs in the
areas of tribal justice, economic development, cultural preservation,
and community relations. I truly feel these combined efforts continue
our commitment to the Century of Reconciliation. We are promoting more
than government programs; we are encouraging personal dialogue, which
is essential to understanding and respect.
I would like to thank Chairman Young and Ranking Member Miller and
the House Majority Leadership for their cooperation in bringing this
bill to the floor as we approach adjournment. I also would like to
thank the tribal and local interests, including Bill Fischer, Lower
Brule Sioux Tribe Chairman Michael Jandreau, and Clarence Skye for
their tireless efforts, and so many others in South Dakota who have
helped to make this a reality.
Again, I ask my colleagues to vote in support of the bill.
Mr. SHERWOOD. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Sherwood) that the House suspend the
rules and pass the bill, H.R. 5528, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________