[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.

                          ____________________