Summary: H.R.5528 — 106th Congress (1999-2000)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (10/26/2000)

Omnibus Indian Advancement Act - Title I: Salt River Pima-Maricopa Indian Community Irrigation Works - Directs the Secretary of the Interior to convey to the Salt River Pima-Maricopa Indian Community 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 (BIA). Grants the Community full ownership and operating authority on the date of conveyance of the works.

Requires the operation of the works consistent with specified standards, including those for: (1) equitable distribution of water; and (2) a due process system for determination of any request for distribution of water.

Cancels on the conveyance date any charges for construction of the works that were deferred.

Provides that, upon such date, the works shall no longer be considered a BIA irrigation project and will not be eligible for Federal benefits based solely on the fact that the works were formerly such a project.

Title II: Native Hawaiian Housing Assistance - Hawaiian Homelands Homeownership Act of 2000 - Amends the Native American Housing Assistance and Self-Determination Act of 1996 to add a new Title VIII, Housing Assistance for Native Hawaiians. Directs the Secretary of Housing and Urban Development to make block grants to carry out affordable housing activities for Native Hawaiian families eligible to reside on the Hawaiian Home Lands. Authorizes the Secretary to make grants to the Department of Hawaiian Home Lands (defined as the agency or department of Hawaii responsible for administration of the Hawaiian Homes Commission Act, 1920) only if the Director of the Department has submitted a housing plan that meets requirements under this Act, unless otherwise waived by the Secretary. Sets forth plan terms, conditions, and requirements, including a condition that, to the extent practicable, the Department use private nonprofit organizations in the planning and development of such housing. Provides for plan review by the Secretary.

Sets forth provisions regarding the treatment of program income, project labor standards, and environmental review under the National Environmental Policy Act of 1969.

Limits assistance for affordable housing activities under the program to low-income Native Hawaiian families, with specified exceptions for: (1) certain home ownership activities; and (2) assistance to non-Native Hawaiians if the presence of the family in the housing involved is essential to the well-being of Native Hawaiian families and the housing need cannot be met without assistance.

Describes eligible affordable housing activities. Sets forth program requirements, including the development of policies governing rents, home buyer payments, eligibility, management, leases, and tenant selection. Sets the maximum monthly rent or home buyer payment at 30 percent of the monthly adjusted family income.

Directs the Secretary, in instances of substantial Department noncompliance, to terminate, reduce, or limit payments. Authorizes the Secretary, in addition to such actions, to refer the matter to the Attorney General for civil action.

Sets forth review, auditing, and reporting requirements for the Secretary and the Director. Provides for discretionary audits by the Comptroller General. Authorizes appropriations through FY 2004.

(Sec. 204) Amends the Housing and Community Development Act of 1992 to authorize the Secretary to guarantee up to $100 million in loans from approved lenders in each of FY 2000 through 2004 to provide access to sources of private financing to Native Hawaiian families who could otherwise 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. Authorizes loan guarantees of up to 100 percent of unpaid interest and principal. Provides that a loan will be used to construct, acquire, or rehabilitate not more than four-family dwellings that are standard housing and located on Hawaiian Home Lands for which an approved housing plan to provide affordable home ownership housing applies.

Sets forth eligible lender categories.

Limits loans to 30-year terms. Permits the Secretary to guarantee a loan only upon determining that there is a reasonable prospect of repayment. Establishes a loan guarantee fee. Authorizes loan transfer and assumption, subject to governmental supervision.

Provides for lender disqualification for specified violations, and civil monetary penalties for intentional violations. Establishes the Native Hawaiian Housing Loan Guarantee Fund for the purpose of providing loan guarantees under this Act. Authorizes appropriations through FY 2004.

Directs the Secretary to establish safety and quality standards for housing financed under this section.

Title III: Coushatta Tribe of Louisiana Land Transactions - Allows the Coushatta Tribe of Louisiana to lease, sell, convey, warrant, or otherwise transfer all or any part of its interest in any real property that is not held in trust by the United States.

Title IV: Wakpa Sica Reconciliation Place - Subtitle A: Reconciliation Center - Requires the Secretary of Housing and Urban Development to establish a reconciliation center in South Dakota to be known as Wakpa Sica Reconciliation Place. Declares that the purposes of the Reconciliation Place shall be to: (1) enhance the knowledge and understanding of the history of Native Americans; (2) provide for the interpretation of the encounters between Lewis and Clark and the Sioux Nation; and (3) house the Sioux Nation Tribal Supreme Court, a Native American economic development center, and a facility to train tribal personnel in conflict resolution and alternative dispute resolution. Directs the Secretary to offer to award a grant to the Wakpa Sica Historical Society of Fort Pierre, South Dakota, for construction of the Reconciliation Place. Authorizes appropriations.

(Sec. 412) Requires the Attorney General to use available funds to provide technical and financial assistance to the Sioux Nation to ensure the development and operation of the Sioux Nation Tribal Supreme Court and for mediation training. Authorizes appropriations.

Subtitle B: GAO Study - Requires the Comptroller General to study and report to Congress on: (1) Federal programs designed to assist Indian tribes with economic development, job creation, entrepreneurship, and business development and ways in which the Federal Government could best provide such assistance; and (2) the extent of the use of such programs and how effectively they accomplish their mission.

Title V: Expenditure of Funds by Zuni Indian Tribe - Amends the Zuni Land Conservation Act of 1990 to: (1) establish the Zuni Indian Tribe as the trustee of the Zuni Indian Resource Development Trust Fund (currently, the trustee is the Secretary of the Interior); and (2) eliminate the cost limitation with respect to the expenditure of the corpus of the Trust Fund.

Title VI: Torres-Martinez Desert Cahuilla Indian Claims Settlement - Torres-Martinez Desert Cahuilla Indians Claims Settlement Act - Approves, ratifies, and confirms 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, as modified (the Settlement Agreement).

Establishes in the Treasury the following three settlement trust fund accounts: (1) the Torres-Martinez Settlement Trust Funds Account; (2) the Torres-Martinez Allottees Settlement Account I; and (3) the Torres-Martinez Allottees Settlement Account II. Requires: (1) amounts held in the trust accounts to be available to the Secretary of the Interior for distribution to the Tribe and affected allottees; and (2) amounts paid to the Secretary for deposit into the accounts to be allocated among and deposited in the accounts in the amounts determined by the tribal-allottee allocation provisions of the Settlement Agreement. Directs: (1) the Coachella Valley Water District and the Imperial Irrigation District to pay separate, specified amounts to the United States for the benefit of the Tribe and any affected allottees; and (2) the United States to pay a specified amount into such accounts which shall be provided from certain moneys appropriated by Congress.

(Sec. 606) Directs the Secretary to convey into trust status lands purchased or acquired by the Tribe within specified primary and secondary acquisition areas in accordance with the terms, conditions, criteria, and procedures set forth in the Settlement Agreement. Requires all lands purchased or otherwise acquired by the Tribe and conveyed into trust status for its benefit to be considered as if they were so acquired in trust status in 1909, except as to water rights as provided in this Act and to valid rights existing at the time of acquisition. Prohibits lands in the primary acquisition area from being acquired if by majority vote the governing body of the city within whose incorporated boundaries the subject lands are situated within objects to the Tribe's request to convey the subject lands into trust and notifies the Secretary.Bars lands within the secondary acquisition area from being acquired if the preceding action is taken by the city or 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 so notifies the Secretary. Prohibits the Secretary from taking any lands into trust for the Tribe under Federal statutes or regulations where such lands are both: (1) contiguous to lands within the secondary acquisition area taken into trust pursuant to the Settlement Agreement and this title; and (2) situated outside such area. Allows the Tribe to conduct gaming on only one site within such lands. Requires that all such lands: (1) be subject to all valid water rights existing at the time of tribal acquisition; (2) be subject to the 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 it; and (3) continue to enjoy all valid water rights appurtenant to the land existing immediately prior to the time of such acquisition.

(Sec. 607) Conveys to the Coachella Valley Water District: (1) a permanent flowage easement as to all Indian trust lands located within and below the minus 220-foot contour of the Salton Sink; and (2) a permanent flowage easement as to all Federal lands located within and below such contour. Grants and conveys to the Imperial Irrigation District identical easements.

(Sec. 608) Declares that the benefits available to the Tribe and the allottees under the terms and conditions of the Settlement Agreement and the provisions of this Act 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. Approves and confirms the releases and waivers required.

(Sec. 609) Provides that: (1) nothing in this Act 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; and (2) no payment pursuant to this Act shall result in the reduction or denial of any Federal services or programs to the Tribe or its members to which they are entitled or eligible because of their status as a federally recognized Indian tribe or member of such Tribe.

Permits the Settlement Agreement to be amended from time to time.

(Sec. 610) Authorizes appropriations.

(Sec. 611) Sets forth effective dates.

Title VII: Shawnee Tribe Status - Shawnee Tribe Status Act of 2000 - Provides for Federal recognition of the Shawnee Tribe as a distinct Indian tribe.

Makes the Tribe and its members eligible for all special programs and services provided by the United States to Indians.

(Sec. 705) Requires the Tribe to submit its base membership roll to the Secretary of the Interior for approval.

(Sec. 706) Recognizes the Tribe's constitution and bylaws and governing body.

(Sec. 707) Makes the Tribe eligible to have land acquired in trust for its benefit.

(Sec. 708) Grants the Tribe jurisdiction over its and its members' trust and restricted land.

Title VIII: Technical Corrections - Native American Laws Technical Corrections Act of 2000 - Subtitle A: Miscellaneous Technical Provisions - Amends the Indian Self-Determination Act to modify the self-determination model agreement to make inapplicable to self-determination contracts provisions of law permitting the Choctaw, Chickasaw, Cherokee, Creek, or Seminole tribes to make contracts involving the payment of money. Makes such provisions inapplicable to professional contracts by Indian tribal governments participating in self-governance as well.

Repeals provisions of law restricting the assignment of contracts with Indians and requiring approval of such assignments by the Secretary of the Interior.

Repeals provisions of the Federal criminal code relating to penalties for: (1) receiving money contrary to certain provisions regarding Indian contracts for services; and (2) receiving money in connection with certain Indian enrollment contracts pertaining to the Five Civilized Tribes.

(Sec. 813) Cancels the balances of all expert assistance loans made to the Red Lake Band of Chippewa Indians and the Minnesota Chippewa Tribe, respectively, relating to certain Court of Federal Claims cases. Requires the Secretary of the Interior to take actions to document such cancellations and to release the Band and Tribe from any liability associated with such loans.

(Sec. 815) Extends through FY 2001 the authorization of appropriations for, and the duration of, each program under the Indian Health Care Improvement Act and the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986.

(Sec. 817) Amends the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to: (1) provide that the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation develop resources to properly train Native American and Alaska Native professionals in health care and public policy (currently) 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; (2) apply the Act's administrative provisions (with the exception as required under such Act) to such activities of the Foundation; and (3) authorize appropriations to carry out such activities for a five-year period.

(Sec. 818) Prohibits any of the funds paid by the State of Minnesota to the Bois Forte Band of Chippewa Indians pursuant to the agreement of such Band to voluntarily restrict tribal rights to hunt and fish in territory ceded under the Treaty of September 30, 1854, from being subject to Federal or State income taxes or being considered as income or resources or utilized as the basis for denying or reducing the financial assistance or other benefits to which a household or member of such Band would be entitled to under the Social Security Act or, except for per capita shares in excess of $2,000, any Federal or federally assisted program.

(Sec. 819) Requires the Secretary of the Interior to accept specified land for the benefit of the Lytton Rancheria in California, to be part of the reservation of the Rancheria.

Subtitle B: Santa Fe Indian School - Santa Fe Indian School Act - Declares that certain land in Santa Fe, New Mexico, upon which the Santa Fe Indian School is located shall be held in trust for the benefit of the 19 Pueblos of New Mexico. Requires such land to be used solely for the educational, health, or cultural purposes of the Santa Fe Indian School.

Title IX: California Indian Land Transfer - California Indian Land Transfer Act - Declares U.S. rights and interests in specified lands to be held in trust by the United States for the benefit of the Pit River Tribe, the Fort Independence Community of Paiute Indians, the Barona Group of Capitan Grande Band of Mission Indians, the Cuyapaipe Band of Mission Indians, the Manzanita Band of Mission Indians, the Morongo Band of Mission Indians, the Pala Band of Mission Indians, and the Fort Bidwell Community of Paiute Indians. Requires proceeds from sales, bonuses, rents, and royalties from such lands to be available for use by the appropriate tribe, band, or group. Terminates grazing preferences two years after enactment of this Act. Requires such lands to be added to the existing reservation of the appropriate tribe, band, or group.

Title X: Native American Home Ownership - Establishes the Lands Title Report Commission to facilitate home loan mortgages on Indian trust lands. Terminates the Commission one year after its initial meeting. Authorizes appropriations.

(Sec. 1002) Amends the Housing and Community Development Act of 1992 to make permanent the Indian housing loan guarantee authority.

(Sec. 1003) Amends the Native American Housing Assistance and Self-Determination Act of 1996 to: (1) restrict the Secretary of Housing and Urban Development's authority to waive housing plan requirements to not more than 90 days; (2) permit the Secretary to waive local cooperation requirements upon a good faith showing and agreement to make certain payments in lieu of taxes; (3) permit assistance to Indian families that are not low-income upon a showing of need; (4) eliminate separate housing plan requirements for small tribes; (5) permit the Secretary to waive certain environmental review requirements under specified conditions; (6) permit reservation housing assistance for specified full-time Federal, State, county, or tribal law enforcement officers; (7) revise audit, review, and hearing provisions; (8) prescribe a funding formula for housing authorities operating fewer than 250 units based on an average of FY 1992 through 1997 allocations; and (9) repeal the requirement regarding the certification of compliance with subsidy layering requirements.

Title XI: Indian Employment, Training and Related Services - Indian Employment, Training, and Related Services Demonstration Act Amendments of 2000 - Amends the Indian Employment, Training, and Related Services Demonstration Act of 1992 to: (1) revise requirements regarding affected programs to include programs for assisting Indian youth and adults to succeed in the workforce, encouraging self-sufficiency, familiarizing them with the world of work, facilitating the creation of job opportunities, and any services related to these activities (replacing current law requirements of job training, tribal work experience, employment opportunities, or skill development, or any program designed for the enhancement of job opportunities or employment training); (2) require the Secretary of the Interior to reconsider disapproval of any statutory waiver requested by a tribe; and (3) authorize the use of a percentage of funds made available under the Act for the creation of employment opportunities.

(Sec. 1104) Requires the Secretaries of the Interior, Health and Human Services, and Labor, and the tribes and organizations participating in the integration initiative under this title to report to specified congressional committees on the opportunities for expanding the integration of human resource development and economic development programs, and the feasibility of establishing Joint Funding Agreements to authorize tribes to access and coordinate funds and resources from various agencies for purposes of human development, physical infrastructure development, and economic development assistance in general. Requires such report to identify programs or activities that 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 - Navajo Nation Trust Land Leasing Act of 2000 - Amends a specified Act regarding leases of restricted Indian lands for authorized purposes to provide that, any leases by the Navajo Nation for such purposes and any amendments thereto, except a lease for the exploration, development, or extraction of any mineral resources, shall not require the Secretary of the Interior's approval, if the lease is executed under the tribal regulations approved by Secretary under such Act and the term of the lease does not exceed: (1) 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; and (2) 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. Makes such prohibition inapplicable to individually owned Navajo Indian allotted land.

Gives the Secretary the authority to approve or disapprove such tribal regulations. Requires the Secretary to review and approve or disapprove the regulations of the Navajo Nation within 120 days of their submission. Requires that any disapproval of such regulations be accompanied by written documentation that sets forth the basis for the disapproval.

Requires the Navajo Nation, if it has executed a lease pursuant to such tribal regulations, to provide the Secretary with: (1) a copy of the lease and all amendments and renewals thereto; and (2) 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 this Act.

States that the United States shall not be liable for losses sustained by any party to a lease executed pursuant to such tribal regulations, including the Navajo Nation.

Permits an interested party, after exhaustion of tribal remedies, to submit a petition to the Secretary to review the Navajo Nation's compliance with any regulations approved under this Act. Authorizes the Secretary, upon determining such regulations were violated, to 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. Requiresthe Secretary, if seeking to remedy a violation, to: (1) make a written determination with respect to the regulations that have been violated; (2) provide the Navajo Nation with a written notice of the alleged violation together with such determination; and (3) provide the Navajo Nation with a hearing on the record and a reasonable opportunity to cure the alleged violation prior to the exercise of any remedy or the rescission of the approval of the regulation and the reassumption of the lease approval responsibility.

Title XIII: American Indian Education Foundation - American Indian Education Foundation Act of 2000 - Amends the Indian Self-Determination and Education Assistance Act to direct the Secretary of the Interior to establish within the District of Columbia as a charitable and nonprofit federally chartered corporation the American Indian Education Foundation. Authorizes the Foundation to encourage, accept, and administer private gifts for the benefit or support of educational opportunities of American Indians who attend schools funded by the Bureau of Indian Affairs.

Title XIV: Graton Rancheria Restoration - Graton Rancheria Restoration Act - Restores Federal recognition and associated rights, privileges, and eligibility for Federal services and benefits to the Indians of the Graton Rancheria of California (the Tribe).

(Sec. 1405) Requires the Secretary of the Interior, upon application by the Tribe, to accept in trust for the Tribe any real property located in Marin or Sonoma County, California, after the property is conveyed to the Secretary if there are no adverse legal claims to such property. Provides that any such property shall: (1) be part of the Tribe's reservation; and (2) be exempt from all local, State, and Federal taxation.

(Sec. 1406) Directs the Secretary to compile a membership roll of the Tribe not later than one year after the date of the enactment of this Act.

(Sec. 1407) Provides for: (1) an Interim Tribal Council to be the Tribe's governing body; (2) an election to ratify a tribal constitution; and (3) the election of tribal officials under such constitution.

Title XV: Cemetery Sites and Historical Places - Directs the Secretary of the Interior to withdraw from all forms of appropriation certain public lands in Alaska described in applications filed by the Chugach Alaska Corporation for the conveyance of cemetery sites and historical places pursuant to the Alaska Native Claims Settlement Act that were rejected as having been untimely filed.