[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5528 Enrolled Bill (ENR)]
H.R.5528
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To authorize the construction of a Wakpa Sica Reconciliation Place in
Fort Pierre, South Dakota, and for other purposes.
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.
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
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) one-third of those Native Hawaiians who are eligible to
reside on the Hawaiian Home Lands pay more than 30 percent of their
income for shelter, and one-half of those Native Hawaiians face
overcrowding;
(10) the extraordinarily severe housing needs of Native
Hawaiians demonstrate that Native Hawaiians who either reside on,
or are eligible to reside on, Hawaiian Home Lands 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 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) two or more elderly persons or near-elderly
persons, as the case may be, living together; and
``(ii) one or more persons described in clause (i)
living with one or more persons determined under the
housing plan to be essential to their care or well-being.
``(4) Hawaiian home lands.--The term `Hawaiian Home Lands'
means lands that--
``(A) have the status as Hawaiian home lands under section
204 of the Hawaiian Homes Commission Act (42 Stat. 110); or
``(B) are acquired pursuant to that Act.
``(5) Housing area.--The term `housing area' means an area of
Hawaiian Home Lands with respect to which the Department of
Hawaiian Home Lands is authorized to provide assistance for
affordable housing under this Act.
``(6) Housing entity.--The term `housing entity' means the
Department of Hawaiian Home Lands.
``(7) Housing plan.--The term `housing plan' means a plan
developed by the Department of Hawaiian Home Lands.
``(8) Median income.--The term `median income' means, with
respect to an area that is a Hawaiian housing area, the greater
of--
``(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) Goals and objectives.--A statement of the goals and
objectives of the Department of Hawaiian Home Lands to enable
the Department to serve the needs identified in subparagraph
(A) during the period.
``(C) Activities plans.--An overview of the activities
planned during the period including an analysis of the manner
in which the activities will enable the Department to meet its
mission, goals, and objectives.
``(c) 1-Year Plan.--A housing plan under this section shall--
``(1) be in a form prescribed by the Secretary; and
``(2) contain the following information relating to the fiscal
year for which the assistance under this title is to be made
available:
``(A) Goals and objectives.--A statement of the goals and
objectives to be accomplished during the period covered by the
plan.
``(B) Statement of needs.--A statement of the housing needs
of the low-income families served by the Department and the
means by which those needs will be addressed during the period
covered by the plan, including--
``(i) a description of the estimated housing needs and
the need for assistance for the low-income families to be
served by the Department, including a description of the
manner in which the geographical distribution of assistance
is consistent with--
``(I) the geographical needs of those families; and
``(II) needs for various categories of housing
assistance; and
``(ii) a description of the estimated housing needs for
all families to be served by the Department.
``(C) Financial resources.--An operating budget for the
Department of Hawaiian Home Lands, in a form 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;
``(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
``(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 the 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
``(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
assistance pursuant to section 809(a)(2)(B) shall be considered
affordable housing for purposes of this title.
``SEC. 814. LEASE REQUIREMENTS AND TENANT SELECTION.
``(a) Leases.--Except to the extent otherwise provided by or
inconsistent with the laws of the State of Hawaii, in renting dwelling
units in affordable housing assisted with grant amounts provided under
this title, the Director, owner, or manager shall use leases that--
``(1) do not contain unreasonable terms and conditions;
``(2) require the Director, owner, or manager to maintain the
housing in compliance with applicable housing codes and quality
standards;
``(3) require the Director, owner, or manager to give 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.
``SEC. 816. ANNUAL ALLOCATION.
``For each fiscal year, the Secretary shall allocate any amounts
made available for assistance under this title for the fiscal year, in
accordance with the formula established pursuant to section 817 to the
Department of Hawaiian Home Lands if the Department complies with the
requirements under this title for a grant under this title.
``SEC. 817. ALLOCATION FORMULA.
``(a) Establishment.--The Secretary shall, by regulation issued not
later than the expiration of the 6-month period beginning on the date
of the enactment of the Hawaiian Homelands 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 the enactment of the Hawaiian Homelands Homeownership Act of 2000.
``SEC. 818. REMEDIES FOR NONCOMPLIANCE.
``(a) Actions by Secretary Affecting Grant Amounts.--
``(1) In general.--Except as provided in subsection (b), if the
Secretary finds after reasonable notice and opportunity for a
hearing that the Department of Hawaiian Home Lands has failed to
comply substantially with any provision of this title, the
Secretary shall--
``(A) terminate payments under this title to the
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
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 one or more persons
maintaining a household, as the Secretary shall by regulation
provide.
``(4) Guarantee fund.--The term `Guarantee Fund' means the
Native Hawaiian Housing Loan Guarantee Fund established under
subsection (j).
``(5) Hawaiian home lands.--The term `Hawaiian Home Lands'
means lands that--
``(A) have the status of Hawaiian Home Lands under section
204 of the Hawaiian Homes Commission Act (42 Stat. 110); or
``(B) are acquired pursuant to that Act.
``(6) Native hawaiian.--The term `Native Hawaiian' means any
individual who is--
``(A) a citizen of the United States; and
``(B) a descendant of the aboriginal people, who, prior to
1778, occupied and exercised sovereignty in the area that
currently constitutes the State of Hawaii, as evidenced by--
``(i) genealogical records;
``(ii) verification by kupuna (elders) or kama'aina
(long-term community residents); or
``(iii) birth records of the State of Hawaii.
``(7) Office of hawaiian affairs.--The term `Office of Hawaiian
Affairs' means the entity of that name established under the
constitution of the State of Hawaii.
``(b) Authority.--To provide access to sources of private financing
to Native Hawaiian families who otherwise could not acquire housing
financing because of the unique legal status of the Hawaiian Home Lands
or as a result of a lack of access to private financial markets, the
Secretary may guarantee an amount not to exceed 100 percent of the
unpaid principal and interest that is due on an eligible loan under
subsection (c).
``(c) Eligible Loans.--Under this section, a loan is an eligible
loan if that loan meets the following requirements:
``(1) Eligible borrowers.--The loan is made only to a borrower
who is--
``(A) a Native Hawaiian family;
``(B) the Department of Hawaiian Home Lands;
``(C) the Office of Hawaiian Affairs; or
``(D) a private nonprofit organization experienced in the
planning and development of affordable housing for Native
Hawaiians.
``(2) Eligible housing.--
``(A) In general.--The loan will be used to construct,
acquire, or rehabilitate not more than 4-family dwellings that
are standard housing and are located on Hawaiian Home Lands for
which a housing plan described in 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.--
``(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 one 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 (e);
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;
``(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 the
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
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 the 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, 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.
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 the enactment of this Act, the Tribe shall submit to the Secretary
for approval its base membership roll, which shall include only
individuals who are not members of any other federally recognized
Indian tribe or who have relinquished membership in such tribe and are
eligible for membership under subsection (b).
(b) Base Roll Eligibility.--An individual is 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 the
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 the enactment of this Act, are hereby recognized respectively
as the governing documents and governing body of the Tribe.
(b) Constitution.--Notwithstanding subsection (a), the Tribe shall
have a right to reorganize its tribal government pursuant to section 3
of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 503).
SEC. 707. TRIBAL LAND.
(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 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 the
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 two or 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,
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 the enactment
of this Act.
(b) Reversion.--
(1) In general.--If the Secretary determines that the land
taken into trust under section 823(a) is not being used as required
under subsection (a), the Secretary shall provide appropriate
notice to the 19 Pueblos of such noncompliance and require the 19
Pueblos to comply with the requirements of this subtitle.
(2) Continued failure to comply.--If the Secretary, after
providing notice under paragraph (1) and after the expiration of a
reasonable period of time, determines that the 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<plus-minus>\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 the 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 eight
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.
(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
``(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.
(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 1 year after the date of the enactment of this
title, the Secretary, the Secretary of Health and Human Services, the
Secretary of Labor, and the tribes and organizations 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 of the Interior 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 for 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 for 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.
(5) To ensure that the United States is faithfully executing
its trust obligation to the Navajo Nation by maintaining Federal
supervision through oversight of and record keeping related to
leases of Navajo Nation tribal trust lands.
SEC. 1203. LEASE OF RESTRICTED LANDS FOR THE NAVAJO NATION.
The first section of the Act of August 9, 1955 (25 U.S.C. 415) is
amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period and inserting
a semicolon; and
(C) by adding at the end the following:
``(3) the term `individually owned Navajo Indian allotted land'
means a single parcel of land that--
``(A) is located within the jurisdiction of the Navajo
Nation;
``(B) is held in trust or restricted status by the United
States for the benefit of Navajo Indians or members of another
Indian tribe; and
``(C) was--
``(i) allotted to a Navajo Indian; or
``(ii) taken into trust or restricted status by the
United States for an individual Indian;
``(4) the term `interested party' means an Indian or non-Indian
individual or corporation, or tribal or non-tribal government whose
interests could be adversely affected by a tribal trust land
leasing decision made by the Navajo Nation;
``(5) the term `Navajo Nation' means the Navajo Nation
government that is in existence on the date of enactment of this
Act or its successor;
``(6) the term `petition' means a written request submitted to
the Secretary for the review of an action (or inaction) of the
Navajo Nation that is claimed to be in violation of the approved
tribal leasing regulations;
``(7) the term `Secretary' means the Secretary of the Interior;
and
``(8) the term `tribal regulations' means the Navajo Nation
regulations enacted in accordance with Navajo Nation law and
approved by the Secretary.''; and
(2) by adding at the end the following:
``(e)(1) Any leases by the Navajo Nation for purposes authorized
under subsection (a), and any amendments thereto, except a lease for
the exploration, development, or extraction of any mineral resources,
shall not require the approval of the Secretary if the lease is
executed under the tribal regulations approved by the Secretary under
this subsection and the term of the lease does not exceed--
``(A) in the case of a business or agricultural lease, 25
years, except that any such lease may include an option to renew
for up to two additional terms, each of which may not exceed 25
years; and
``(B) in the case of a lease for public, religious,
educational, recreational, or residential purposes, 75 years if
such a term is provided for by the Navajo Nation through the
promulgation of regulations.
``(2) Paragraph (1) shall not apply to individually owned Navajo
Indian allotted land.
``(3) The Secretary shall have the authority to approve or
disapprove tribal regulations referred to under paragraph (1). The
Secretary shall approve such tribal regulations if such regulations are
consistent with the regulations of the Secretary under subsection (a),
and any amendments thereto, and provide for an environmental review
process. The Secretary shall review and approve or disapprove the
regulations of the Navajo Nation within 120 days of the submission of
such regulations to the Secretary. Any disapproval of such regulations
by the Secretary shall be accompanied by written documentation that
sets forth the basis for the disapproval. Such 120-day period may be
extended by the Secretary after consultation with the Navajo Nation.
``(4) If the Navajo Nation has executed a lease pursuant to tribal
regulations under paragraph (1), the Navajo Nation shall provide the
Secretary with--
``(A) a copy of the lease and all amendments and renewals
thereto; and
``(B) in the case of regulations or a lease that permits
payment to be made directly to the Navajo Nation, documentation of
the lease payments sufficient to enable the Secretary to discharge
the trust responsibility of the United States under paragraph (5).
``(5) The United States shall not be liable for losses sustained by
any party to a lease executed pursuant to tribal regulations under
paragraph (1), including the Navajo Nation. Nothing in this paragraph
shall be construed to diminish the authority of the Secretary to take
appropriate actions, including the cancellation of a lease, in
furtherance of the trust obligation of the United States to the Navajo
Nation.
``(6)(A) An interested party may, after exhaustion of tribal
remedies, submit, in a timely manner, a petition to the Secretary to
review the compliance of the Navajo Nation with any regulations
approved under this subsection. If upon such review the Secretary
determines that the regulations were violated, the Secretary may take
such action as may be necessary to remedy the violation, including
rescinding the approval of the tribal regulations and reassuming
responsibility for the approval of leases for Navajo Nation tribal
trust lands.
``(B) If the Secretary seeks to remedy a violation described in
subparagraph (A), the Secretary shall--
``(i) make a written determination with respect to the
regulations that have been violated;
``(ii) provide the Navajo Nation with a written notice of the
alleged violation together with such written determination; and
``(iii) prior to the exercise of any remedy or the rescission
of the approval of the regulation involved and the reassumption of
the lease approval responsibility, provide the Navajo Nation with a
hearing on the record and a reasonable opportunity to cure the
alleged violation.''.
TITLE XIII--AMERICAN INDIAN EDUCATION FOUNDATION
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, two of whom shall be the Secretary and the Assistant
Secretary of the Interior for Indian Affairs, who shall serve as ex
officio nonvoting members, and the initial voting members of the
Board shall be appointed by the 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.
(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.
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.