HR 5528 RDS
106th CONGRESS
2d Session
H. R. 5528
IN THE SENATE OF THE UNITED STATES
October 27 (legislative day, SEPTEMBER 22), 2000
Received
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. 2. Table of contents.
TITLE I--SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY IRRIGATION WORKS
Sec. 102. Conveyance and operation of irrigation works.
Sec. 103. Relationship to other laws.
TITLE II--NATIVE HAWAIIAN HOUSING ASSISTANCE
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
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
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. 602. Congressional findings and purpose.
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. 704. Federal recognition, trust relationship, and program
eligibility.
Sec. 705. Establishment of a tribal roll.
Sec. 706. Organization of the tribe; tribal constitution.
Sec. 709. Individual Indian land.
Sec. 710. Treaties not affected.
TITLE VIII--TECHNICAL CORRECTIONS
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. 823. Transfer of certain lands for use as the Santa Fe Indian
School.
TITLE IX--CALIFORNIA INDIAN LAND TRANSFER
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. 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. 1202. Congressional findings and declaration of purposes.
Sec. 1203. Lease of restricted lands for the Navajo Nation.
TITLE XIII--AMERICAN INDIAN EDUCATION FOUNDATION
Sec. 1302. Establishment of American Indian Education Foundation.
TITLE XIV--GRATON RANCHERIA RESTORATION
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. 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.
(1) the United States has undertaken a responsibility to promote the
general welfare of the United States by--
(A) employing its resources to remedy the unsafe and unsanitary
housing conditions and the acute shortage of decent, safe, and sanitary
dwellings for families of lower income; and
(B) developing effective partnerships with governmental and private
entities to accomplish the objectives referred to in subparagraph
(A);
(2) the United States has a special responsibility for the welfare of
the Native peoples of the United States, including Native Hawaiians;
(3) pursuant to the provisions of the Hawaiian Homes Commission Act,
1920 (42 Stat. 108 et seq.), the United States set aside 200,000 acres of
land in the Federal territory that later became the State of Hawaii in order
to establish a homeland for the native people of Hawaii--Native
Hawaiians;
(4) despite the intent of Congress in 1920 to address the housing needs
of Native Hawaiians through the enactment of the Hawaiian Homes Commission
Act, 1920 (42 Stat. 108 et seq.), Native Hawaiians eligible to reside on the
Hawaiian home lands have been foreclosed from participating in Federal
housing assistance programs available to all other eligible families in the
United States;
(5) although Federal housing assistance programs have been administered
on a racially neutral basis in the State of Hawaii, Native Hawaiians
continue to have the greatest unmet need for housing and the highest rates
of overcrowding in the United States;
(6) among the Native American population of the United States, Native
Hawaiians experience the highest percentage of housing problems in the
United States, as the percentage--
(A) of housing problems in the Native Hawaiian population is 49
percent, as compared to--
(i) 44 percent for American Indian and Alaska Native households in
Indian country; and
(ii) 27 percent for all other households in the United States;
and
(B) overcrowding in the Native Hawaiian population is 36 percent as
compared to 3 percent for all other households in the United
States;
(7) among the Native Hawaiian population, the needs of Native Hawaiians,
as that term is defined in section 801 of the Native American Housing
Assistance and Self-Determination Act of 1996, as added by section 203 of
this Act, eligible to reside on the Hawaiian Home Lands are the most severe,
as--
(A) the percentage of overcrowding in Native Hawaiian households on
the Hawaiian Home Lands is 36 percent; and
(B) approximately 13,000 Native Hawaiians, which constitute 95 percent
of the Native Hawaiians who are eligible to reside on the Hawaiian Home
Lands, are in need of housing;
(8) applying the Department of Housing and Urban Development
guidelines--
(A) 70.8 percent of Native Hawaiians who either reside or who are
eligible to reside on the Hawaiian Home Lands have incomes that fall below
the median family income; and
(B) 50 percent of Native Hawaiians who either reside or who are
eligible to reside on the Hawaiian Home Lands have incomes below 30
percent of the median family income;
(9) 1/3 of those Native Hawaiians who are eligible to reside on the
Hawaiian Home Lands pay more than 30 percent of their income for shelter,
and 1/2 of those Native Hawaiians face overcrowding;
(10) the extraordinarily severe housing needs of Native Hawaiians
demonstrate that Native Hawaiians who either reside on, or are eligible to
reside on, Hawaiian Home Lands have been denied equal access to Federal
low-income housing assistance programs available to other qualified
residents of the United States, and that a more effective means of
addressing their housing needs must be authorized;
(11) consistent with the recommendations of the National Commission on
American Indian, Alaska Native, and Native Hawaiian Housing, and in order to
address the continuing prevalence of extraordinarily severe housing needs
among Native Hawaiians who either reside or are eligible to reside on the
Hawaiian Home Lands, Congress finds it necessary to extend the Federal
low-income housing assistance available to American Indians and Alaska
Natives under the Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4101 et seq.) to those Native Hawaiians;
(12) under the treatymaking power of the United States, Congress had the
constitutional authority to confirm a treaty between the United States and
the government that represented the Hawaiian people, and from 1826 until
1893, the United States recognized the independence of the Kingdom of
Hawaii, extended full diplomatic recognition to the Hawaiian Government, and
entered into treaties and conventions with the Hawaiian monarchs to govern
commerce and navigation in 1826, 1842, 1849, 1875, and 1887;
(13) the United States has recognized and reaffirmed that--
(A) Native Hawaiians have a cultural, historic, and land-based link to
the indigenous people who exercised sovereignty over the Hawaiian Islands,
and that group has never relinquished its claims to sovereignty or its
sovereign lands;
(B) Congress does not extend services to Native Hawaiians because of
their race, but because of their unique status as the indigenous people of
a once sovereign nation as to whom the United States has established a
trust relationship;
(C) Congress has also delegated broad authority to administer a
portion of the Federal trust responsibility to the State of
Hawaii;
(D) the political status of Native Hawaiians is comparable to that of
American Indians; and
(E) the aboriginal, indigenous people of the United States
have--
(i) a continuing right to autonomy in their internal affairs;
and
(ii) an ongoing right of self-determination and self-governance that
has never been extinguished;
(14) the political relationship between the United States and the Native
Hawaiian people has been recognized and reaffirmed by the United States as
evidenced by the inclusion of Native Hawaiians in--
(A) the Native American Programs Act of 1974 (42 U.S.C. 2291 et
seq.);
(B) the American Indian Religious Freedom Act (42 U.S.C. 1996 et
seq.);
(C) the National Museum of the American Indian Act (20 U.S.C. 80q et
seq.);
(D) the Native American Graves Protection and Repatriation Act (25
U.S.C. 3001 et seq.);
(E) the National Historic Preservation Act (16 U.S.C. 470 et
seq.);
(F) the Native American Languages Act of 1992 (106 Stat.
3434);
(G) the American Indian, Alaska Native and Native Hawaiian Culture and
Arts Development Act (20 U.S.C. 4401 et seq.);
(H) the Job Training Partnership Act (29 U.S.C. 1501 et seq.);
and
(I) the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.);
and
(15) in the area of housing, the United States has recognized and
reaffirmed the political relationship with the Native Hawaiian people
through--
(A) the enactment of the Hawaiian Homes Commission Act, 1920 (42 Stat.
108 et seq.), which set aside approximately 200,000 acres of public lands
that became known as Hawaiian Home Lands in the Territory of Hawaii that
had been ceded to the United States for homesteading by Native Hawaiians
in order to rehabilitate a landless and dying people;
(B) the enactment of the Act entitled `An Act to provide for the
admission of the State of Hawaii into the Union', approved March 18, 1959
(73 Stat. 4)--
(i) by ceding to the State of Hawaii title to the public lands
formerly held by the United States, and mandating that those lands be
held in public trust, for the betterment of the conditions of Native
Hawaiians, as that term is defined in section 201 of the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108 et seq.); and
(ii) by transferring the United States responsibility for the
administration of Hawaiian Home Lands to the State of Hawaii, but
retaining the authority to enforce the trust, including the exclusive
right of the United States to consent to any actions affecting 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.
`(1) DEPARTMENT OF HAWAIIAN HOME LANDS; DEPARTMENT- The term `Department
of Hawaiian Home Lands' or `Department' means the agency or department of
the government of the State of Hawaii that is responsible for the
administration of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et
seq.).
`(2) DIRECTOR- The term `Director' means the Director of the Department
of Hawaiian Home Lands.
`(3) ELDERLY FAMILIES; NEAR-ELDERLY FAMILIES-
`(A) IN GENERAL- The term `elderly family' or `near-elderly family'
means a family whose head (or his or her spouse), or whose sole member,
is--
`(i) for an elderly family, an elderly person; or
`(ii) for a near-elderly family, a near-elderly person.
`(B) CERTAIN FAMILIES INCLUDED- The term `elderly family' or
`near-elderly family' includes--
`(i) 2 or more elderly persons or near-elderly persons, as the case
may be, living together; and
`(ii) 1 or more persons described in clause (i) living with 1 or
more persons determined under the housing plan to be essential to their
care or well-being.
`(4) HAWAIIAN HOME LANDS- The term `Hawaiian Home Lands' means lands
that--
`(A) have the status as Hawaiian home lands under section 204 of the
Hawaiian Homes Commission Act (42 Stat. 110); or
`(B) are acquired pursuant to that Act.
`(5) HOUSING AREA- The term `housing area' means an area of Hawaiian
Home Lands with respect to which the Department of Hawaiian Home Lands is
authorized to provide assistance for affordable housing under this
Act.
`(6) HOUSING ENTITY- The term `housing entity' means the Department of
Hawaiian Home Lands.
`(7) HOUSING PLAN- The term `housing plan' means a plan developed by the
Department of Hawaiian Home Lands.
`(8) MEDIAN INCOME- The term `median income' means, with respect to an
area that is a Hawaiian housing area, the greater of--
`(A) the median income for the Hawaiian housing area, which shall be
determined by the Secretary; or
`(B) the median income for the State of Hawaii.
`(9) NATIVE HAWAIIAN- The term `Native Hawaiian' means any individual
who is--
`(A) a citizen of the United States; and
`(B) a descendant of the aboriginal people, who, prior to 1778,
occupied and exercised sovereignty in the area that currently constitutes
the State of Hawaii, as evidenced by--
`(i) genealogical records;
`(ii) verification by kupuna (elders) or kama'aina (long-term
community residents); or
`(iii) birth records of the State of Hawaii.
`SEC. 802. BLOCK GRANTS FOR AFFORDABLE HOUSING ACTIVITIES.
`(a) GRANT AUTHORITY- For each fiscal year, the Secretary shall (to the
extent amounts are made available to carry out this title) make a grant under
this title to the Department of Hawaiian Home Lands to carry out affordable
housing activities for Native Hawaiian families who are eligible to reside on
the Hawaiian Home Lands.
`(1) IN GENERAL- The Secretary may make a grant under this title to the
Department of Hawaiian Home Lands for a fiscal year only if--
`(A) the Director has submitted to the Secretary a housing plan for
that fiscal year; and
`(B) the Secretary has determined under section 804 that the housing
plan complies with the requirements of section 803.
`(2) WAIVER- The Secretary may waive the applicability of the
requirements under paragraph (1), in part, if the Secretary finds that the
Department of Hawaiian Home Lands has not complied or cannot comply with
those requirements due to circumstances beyond the control of the Department
of Hawaiian Home Lands.
`(c) USE OF AFFORDABLE HOUSING ACTIVITIES UNDER PLAN- Except as provided
in subsection (e), amounts provided under a grant under this section may be
used only for affordable housing activities under this title that are
consistent with a housing plan approved under section 804.
`(d) ADMINISTRATIVE EXPENSES-
`(1) IN GENERAL- The Secretary shall, by regulation, authorize the
Department of Hawaiian Home Lands to use a percentage of any grant amounts
received under this title for any reasonable administrative and planning
expenses of the Department relating to carrying out this title and
activities assisted with those amounts.
`(2) ADMINISTRATIVE AND PLANNING EXPENSES- The administrative and
planning expenses referred to in paragraph (1) include--
`(A) costs for salaries of individuals engaged in administering and
managing affordable housing activities assisted with grant amounts
provided under this title; and
`(B) expenses incurred in preparing a housing plan under section
803.
`(e) PUBLIC-PRIVATE PARTNERSHIPS- The Director shall make all reasonable
efforts, consistent with the purposes of this title, to maximize participation
by the private sector, including nonprofit organizations and for-profit
entities, in implementing a housing plan that has been approved by the
Secretary under section 803.
`SEC. 803. HOUSING PLAN.
`(a) PLAN SUBMISSION- The Secretary shall--
`(1) require the Director to submit a housing plan under this section
for each fiscal year; and
`(2) provide for the review of each plan submitted under paragraph
(1).
`(b) 5-YEAR PLAN- Each housing plan under this section shall--
`(1) be in a form prescribed by the Secretary; and
`(2) contain, with respect to the 5-year period beginning with the
fiscal year for which the plan is submitted, the following
information:
`(A) MISSION STATEMENT- A general statement of the mission of the
Department of Hawaiian Home Lands to serve the needs of the low-income
families to be served by the Department.
`(B) GOAL AND OBJECTIVES- A statement of the goals and objectives of
the Department of Hawaiian Home Lands to enable the Department to serve
the needs identified in subparagraph (A) during the period.
`(C) ACTIVITIES PLANS- An overview of the activities planned during
the period including an analysis of the manner in which the activities
will enable the Department to meet its mission, goals, and
objectives.
`(c) 1-YEAR PLAN- A housing plan under this section shall--
`(1) be in a form prescribed by the Secretary; and
`(2) contain the following information relating to the fiscal year for
which the assistance under this title is to be made available:
`(A) GOALS AND OBJECTIVES- A statement of the goals and objectives to
be accomplished during the period covered by the plan.
`(B) STATEMENT OF NEEDS- A statement of the housing needs of the
low-income families served by the Department and the means by which those
needs will be addressed during the period covered by the plan,
including--
`(i) a description of the estimated housing needs and the need for
assistance for the low-income families to be served by the Department,
including a description of the manner in which the geographical
distribution of assistance is consistent with--
`(I) the geographical needs of those families; and
`(II) needs for various categories of housing assistance;
and
`(ii) a description of the estimated housing needs for all families
to be served by the Department.
`(C) FINANCIAL RESOURCES- An operating budget for the Department of
Hawaiian Home Lands, in a form prescribed by the Secretary, that
includes--
`(i) an identification and a description of the financial resources
reasonably available to the Department to carry out the purposes of this
title, including an explanation of the manner in which amounts made
available will be used to leverage additional resources; and
`(ii) the uses to which the resources described in clause (i) will
be committed, including--
`(I) eligible and required affordable housing activities;
and
`(II) administrative expenses.
`(D) AFFORDABLE HOUSING RESOURCES- A statement of the affordable
housing resources currently available at the time of the submittal of the
plan and to be made available during the period covered by the plan,
including--
`(i) a description of the significant characteristics of the housing
market in the State of Hawaii, including the availability of housing
from other public sources, private market housing;
`(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--
`(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);
`(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);
`(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) 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.
`(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.
`(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.
`(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.
`(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.
`(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- 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.
`(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.
`(1) IN GENERAL- The Secretary shall authorize the release of funds
subject to the procedures under this section only if, not less than 15 days
before that approval and before any commitment of funds to such projects,
the Director of the Department of Hawaiian Home Lands submits to the
Secretary a request for such release accompanied by a certification that
meets the requirements of subsection (c).
`(2) EFFECT OF APPROVAL- The approval of the Secretary of a
certification described in paragraph (1) shall be deemed to satisfy the
responsibilities of the Secretary under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and such other provisions of law as the
regulations of the Secretary specify to the extent that those
responsibilities relate to the releases of funds for projects that are
covered by that certification.
`(c) CERTIFICATION- A certification under the procedures under this
section shall--
`(1) be in a form acceptable to the Secretary;
`(2) be executed by the Director;
`(3) specify that the Department of Hawaiian Home Lands has fully
carried out its responsibilities as described under subsection (a);
and
`(4) specify that the Director--
`(A) consents to assume the status of a responsible Federal official
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and each provision of law specified in regulations issued by the
Secretary to the extent that those laws apply by reason of subsection (a);
and
`(B) is authorized and consents on behalf of the Department of
Hawaiian Home Lands and the Director to accept the jurisdiction of the
Federal courts for the purpose of enforcement of the responsibilities of
the Director.
`SEC. 807. REGULATIONS.
`The Secretary shall issue final regulations necessary to carry out this
title not later than October 1, 2000.
`SEC. 808. EFFECTIVE DATE.
`Except as otherwise expressly provided in this title, this title shall
take effect on the date of enactment of the Native American Housing Assistance
and Self-Determination Amendments of 2000.
`SEC. 809. AFFORDABLE HOUSING ACTIVITIES.
`(a) NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES-
`(1) PRIMARY OBJECTIVE- The national objectives of this title
are--
`(A) to assist and promote affordable housing activities to develop,
maintain, and operate affordable housing in safe and healthy environments
for occupancy by low-income Native Hawaiian families;
`(B) to ensure better access to private mortgage markets and to
promote self-sufficiency of low-income Native Hawaiian families;
`(C) to coordinate activities to provide housing for low-income Native
Hawaiian families with Federal, State and local activities to further
economic and community development;
`(D) to plan for and integrate infrastructure resources on the
Hawaiian Home Lands with housing development; and
`(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.
`(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--
`(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.
`(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;
`(C) the development of utilities and utility services;
`(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;
`(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;
`(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.
`(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--
`(B) interest-bearing loans or advances;
`(C) noninterest-bearing loans or advances;
`(E) the leveraging of private investments; or
`(F) any other form of assistance that the Secretary determines to be
consistent with the purposes of this title; and
`(2) the right to establish the terms of assistance provided with funds
referred to in paragraph (1).
`(b) INVESTMENTS- The Director may invest grant amounts for the purposes
of carrying out affordable housing activities in investment securities and
other obligations, as approved by the Secretary.
`SEC. 813. LOW-INCOME REQUIREMENT AND INCOME TARGETING.
`(a) IN GENERAL- Housing shall qualify for affordable housing for purposes
of this title only if--
`(1) each dwelling unit in the housing--
`(A) in the case of rental housing, is made available for occupancy
only by a family that is a low-income family at the time of the initial
occupancy of that family of that unit; and
`(B) in the case of housing for homeownership, is made available for
purchase only by a family that is a low-income family at the time of
purchase; and
`(2) each dwelling unit in the housing will remain affordable, according
to binding commitments satisfactory to the Secretary, for--
`(A) the remaining useful life of the property (as determined by the
Secretary) without regard to the term of the mortgage or to transfer of
ownership; or
`(B) such other period as the Secretary determines is the longest
feasible period of time consistent with sound economics and the purposes
of this title, except upon a foreclosure by a lender (or upon other
transfer in lieu of foreclosure) if that action--
`(i) recognizes any contractual or legal rights of any public
agency, nonprofit sponsor, or other person or entity to take an action
that would--
`(I) avoid termination of low-income affordability, in the case of
foreclosure; or
`(II) transfer ownership in lieu of foreclosure;
and
`(ii) is not for the purpose of avoiding low-income affordability
restrictions, as determined by the Secretary.
`(b) EXCEPTION- Notwithstanding subsection (a), housing assisted pursuant
to section 809(a)(2)(B) shall be considered affordable housing for purposes of
this title.
`SEC. 814. LEASE REQUIREMENTS AND TENANT SELECTION.
`(a) LEASES- Except to the extent otherwise provided by or inconsistent
with the laws of the State of Hawaii, in renting dwelling units in affordable
housing assisted with grant amounts provided under this title, the Director,
owner, or manager shall use leases that--
`(1) do not contain unreasonable terms and conditions;
`(2) require the Director, owner, or manager to maintain the housing in
compliance with applicable housing codes and quality standards;
`(3) require the Director, owner, or manager to give adequate written
notice of termination of the lease, which shall be the period of time
required under applicable State or local law;
`(4) specify that, with respect to any notice of eviction or
termination, notwithstanding any State or local law, a resident shall be
informed of the opportunity, before any hearing or trial, to examine any
relevant documents, record, or regulations directly related to the eviction
or termination;
`(5) require that the Director, owner, or manager may not terminate the
tenancy, during the term of the lease, except for serious or repeated
violation of the terms and conditions of the lease, violation of applicable
Federal, State, or local law, or for other good cause; and
`(6) provide that the Director, owner, or manager may terminate the
tenancy of a resident for any activity, engaged in by the resident, any
member of the household of the resident, or any guest or other person under
the control of the resident, that--
`(A) threatens the health or safety of, or right to peaceful enjoyment
of the premises by, other residents or employees of the Department, owner,
or manager;
`(B) threatens the health or safety of, or right to peaceful enjoyment
of their premises by, persons residing in the immediate vicinity of the
premises; or
`(C) is criminal activity (including drug-related criminal activity)
on or off the premises.
`(b) TENANT OR HOMEBUYER SELECTION- As a condition to receiving grant
amounts under this title, the Director shall adopt and use written tenant and
homebuyer selection policies and criteria that--
`(1) are consistent with the purpose of providing housing for low-income
families;
`(2) are reasonably related to program eligibility and the ability of
the applicant to perform the obligations of the lease; and
`(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 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
`(d) EFFECTIVE DATE- This section shall take effect on the date of
enactment of the Hawaiian Homelands Homeownership Act of 2000.
`SEC. 818. REMEDIES FOR NONCOMPLIANCE.
`(a) ACTIONS BY SECRETARY AFFECTING GRANT AMOUNTS-
`(1) IN GENERAL- Except as provided in subsection (b), if the Secretary
finds after reasonable notice and opportunity for a hearing that the
Department of Hawaiian Home Lands has failed to comply substantially with
any provision of this title, the Secretary shall--
`(A) terminate payments under this title to the Department;
`(B) reduce payments under this title to the Department by an amount
equal to the amount of such payments that were not expended in accordance
with this title; or
`(C) limit the availability of payments under this title to programs,
projects, or activities not affected by such failure to comply.
`(2) ACTIONS- If the Secretary takes an action under subparagraph (A),
(B), or (C) of paragraph (1), the Secretary shall continue that action until
the Secretary determines that the failure by the Department to comply with
the provision has been remedied by the Department and the Department is in
compliance with that provision.
`(b) NONCOMPLIANCE BECAUSE OF A TECHNICAL INCAPACITY- The Secretary may
provide technical assistance for the Department, either directly or
indirectly, that is designed to increase the capability and capacity of the
Director of the Department to administer assistance provided under this title
in compliance with the requirements under this title if the Secretary makes a
finding under subsection (a), but determines that the failure of the
Department to comply substantially with the provisions of this title--
`(1) is not a pattern or practice of activities constituting willful
noncompliance; and
`(2) is a result of the limited capability or capacity of the Department
of Hawaiian Home Lands.
`(c) REFERRAL FOR CIVIL ACTION-
`(1) AUTHORITY- In lieu of, or in addition to, any action that the
Secretary may take under subsection (a), if the Secretary has reason to
believe that the Department of Hawaiian Home Lands has failed to comply
substantially with any provision of this title, the Secretary may refer the
matter to the Attorney General of the United States with a recommendation
that an appropriate civil action be instituted.
`(2) CIVIL ACTION- Upon receiving a referral under paragraph (1), the
Attorney General may bring a civil action in any United States district
court of appropriate jurisdiction for such relief as may be appropriate,
including an action--
`(A) to recover the amount of the assistance furnished under this
title that was not expended in accordance with this title; or
`(B) for mandatory or injunctive relief.
`(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.
`(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.
`(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.
`(i) IN GENERAL- The Secretary, by reason of the additional evidence
referred to in subparagraph (A) and filed with the court--
`(aa) modify the findings of fact of the Secretary; or
`(bb) make new findings; and
`(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.
`(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.
`(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--
`(i) carried out eligible activities under this title in a timely
manner;
`(ii) carried out and made certifications in accordance with the
requirements and the primary objectives of this title and with other
applicable laws; and
`(iii) a continuing capacity to carry out the eligible activities in
a timely manner;
`(B) the Director has complied with the housing plan submitted by the
Director under section 803; and
`(C) the performance reports of the Department under section 821 are
accurate.
`(2) ONSITE VISITS- Each review conducted under this section shall, to
the extent practicable, include onsite visits by employees of the Department
of Housing and Urban Development.
`(b) REPORT BY SECRETARY- The Secretary shall give the Department of
Hawaiian Home Lands not less than 30 days to review and comment on a report
under this subsection. After taking into consideration the comments of the
Department, the Secretary may revise the report and shall make the comments of
the Department and the report with any revisions, readily available to the
public not later than 30 days after receipt of the comments of the
Department.
`(c) EFFECT OF REVIEWS- The Secretary may make appropriate adjustments in
the amount of annual grants under this title in accordance with the findings
of the Secretary pursuant to reviews and audits under this section. The
Secretary may adjust, reduce, or withdraw grant amounts, or take other action
as appropriate in accordance with the reviews and audits of the Secretary
under this section, except that grant amounts already expended on affordable
housing activities may not be recaptured or deducted from future assistance
provided to the Department of Hawaiian Home Lands.
`SEC. 822. GENERAL ACCOUNTING OFFICE AUDITS.
`To the extent that the financial transactions of the Department of
Hawaiian Home Lands involving grant amounts under this title relate to amounts
provided under this title, those transactions may be audited by the
Comptroller General of the United States under such regulations as may be
prescribed by the Comptroller General. The Comptroller General of the United
States shall have access to all books, accounts, records, reports, files, and
other papers, things, or property belonging to or in use by the Department of
Hawaiian Home Lands pertaining to such financial transactions and necessary to
facilitate the audit.
`SEC. 823. REPORTS TO CONGRESS.
`(a) IN GENERAL- Not later than 90 days after the conclusion of each
fiscal year in which assistance under this title is made available, the
Secretary shall submit to Congress a report that contains--
`(1) a description of the progress made in accomplishing the objectives
of this title;
`(2) a summary of the use of funds available under this title during the
preceding fiscal year; and
`(3) a description of the aggregate outstanding loan guarantees under
section 184A of the Housing and Community Development Act of 1992.
`(b) RELATED REPORTS- The Secretary may require the Director to submit to
the Secretary such reports and other information as may be necessary in order
for the Secretary to prepare the report required under subsection (a).
`SEC. 824. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to the Department of Housing and
Urban Development for grants under this title such sums as may be necessary
for each of fiscal years 2000, 2001, 2002, 2003, and 2004.'.
SEC. 204. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
Subtitle E of title I of the Housing and Community Development Act of 1992
is amended by inserting after section 184 (12 U.S.C. 1715z-13a) the
following:
`SEC. 184A. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
`(a) DEFINITIONS- In this section:
`(1) DEPARTMENT OF HAWAIIAN HOME LANDS- The term `Department of Hawaiian
Home Lands' means the agency or department of the government of the State of
Hawaii that is responsible for the administration of the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108 et seq.).
`(2) ELIGIBLE ENTITY- The term `eligible entity' means a Native Hawaiian
family, the Department of Hawaiian Home Lands, the Office of Hawaiian
Affairs, and private nonprofit or private for-profit organizations
experienced in the planning and development of affordable housing for Native
Hawaiians.
`(3) FAMILY- The term `family' means 1 or more persons maintaining a
household, as the Secretary shall by regulation provide.
`(4) GUARANTEE FUND- The term `Guarantee Fund' means the Native Hawaiian
Housing Loan Guarantee Fund established under subsection (i).
`(5) HAWAIIAN HOME LANDS- The term `Hawaiian Home Lands' means lands
that--
`(A) have the status of Hawaiian Home Lands under section 204 of the
Hawaiian Homes Commission Act (42 Stat. 110); or
`(B) are acquired pursuant to that Act.
`(6) NATIVE HAWAIIAN- The term `Native Hawaiian' means any individual
who is--
`(A) a citizen of the United States; and
`(B) a descendant of the aboriginal people, who, prior to 1778,
occupied and exercised sovereignty in the area that currently constitutes
the State of Hawaii, as evidenced by--
`(i) genealogical records;
`(ii) verification by kupuna (elders) or kama'aina (long-term
community residents); or
`(iii) birth records of the State of Hawaii.
`(7) OFFICE OF HAWAIIAN AFFAIRS- The term `Office of Hawaiian Affairs'
means the entity of that name established under the constitution of the
State of Hawaii.
`(b) AUTHORITY- To provide access to sources of private financing to
Native Hawaiian families who otherwise could not acquire housing financing
because of the unique legal status of the Hawaiian Home Lands or as a result
of a lack of access to private financial markets, the Secretary may guarantee
an amount not to exceed 100 percent of the unpaid principal and interest that
is due on an eligible loan under subsection (c).
`(c) ELIGIBLE LOANS- Under this section, a loan is an eligible loan if
that loan meets the following requirements:
`(1) ELIGIBLE BORROWERS- The loan is made only to a borrower who
is--
`(A) a Native Hawaiian family;
`(B) the Department of Hawaiian Home Lands;
`(C) the Office of Hawaiian Affairs; or
`(D) a private nonprofit organization experienced in the planning and
development of affordable housing for Native Hawaiians.
`(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.
`(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-
`(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.
`(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.
`(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-
`(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) 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-
`(i) NOTIFICATION- If a borrower on a loan guaranteed under this
section defaults on the loan, the holder of the guarantee certificate
shall provide written notice of the default to the
Secretary.
`(ii) PAYMENT- Upon providing the notice required under clause (i),
the holder of the guarantee certificate shall be entitled to payment
under the guarantee (subject to the provisions of this section) and may
proceed to obtain payment in 1 of the following manners:
`(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.
`(aa) IN GENERAL- Without seeking foreclosure (or in any case in
which a foreclosure proceeding initiated under clause (i) continues for a period
in excess of 1 year), the holder of the guarantee may submit to the Secretary a
request to assign the obligation and security interest to the Secretary in
return for payment of the claim under the guarantee. The Secretary may accept
assignment of the loan if the Secretary determines that the assignment is in the
best interest of the United States.
`(bb) PAYMENT- Upon assignment, the Secretary shall pay to the holder
of the guarantee the pro rata portion of the amount guaranteed (as determined
under subsection (f)).
`(cc) SUBROGATION- The rights of the Secretary shall be subrogated to
the rights of the holder of the guarantee. The holder shall assign the
obligation and security to the Secretary.
`(B) REQUIREMENTS- Before any payment under a guarantee is made under
subparagraph (A), the holder of the guarantee shall exhaust all reasonable
possibilities of collection. Upon payment, in whole or in part, to the
holder, the note or judgment evidencing the debt shall be assigned to the
United States and the holder shall have no further claim against the
borrower or the United States. The Secretary shall then take such action
to collect as the Secretary determines to be appropriate.
`(2) LIMITATIONS ON LIQUIDATION-
`(A) IN GENERAL- If a borrower defaults on a loan guaranteed under
this section that involves a security interest in restricted Hawaiian Home
Land property, the mortgagee or the Secretary shall only pursue
liquidation after offering to transfer the account to another eligible
Hawaiian family or the Department of Hawaiian Home Lands.
`(B) LIMITATION- If, after action is taken under subparagraph (A), the
mortgagee or the Secretary subsequently proceeds to liquidate the account,
the mortgagee or the Secretary shall not sell, transfer, or otherwise
dispose of or alienate the property described in subparagraph (A) except
to another eligible Hawaiian family or to the Department of Hawaiian Home
Lands.
`(j) NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND-
`(1) ESTABLISHMENT- There is established in the Treasury of the United
States the Native Hawaiian Housing Loan Guarantee Fund for the purpose of
providing loan guarantees under this section.
`(2) CREDITS- The Guarantee Fund shall be credited with--
`(A) any amount, claims, notes, mortgages, contracts, and property
acquired by the Secretary under this section, and any collections and
proceeds therefrom;
`(B) any amounts appropriated pursuant to paragraph (7);
`(C) any guarantee fees collected under subsection (d); and
`(D) any interest or earnings on amounts invested under paragraph
(4).
`(3) USE- Amounts in the Guarantee Fund shall be available, to the
extent provided in appropriations Acts, for--
`(A) fulfilling any obligations of the Secretary with respect to loans
guaranteed under this section, including the costs (as that term is
defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a)) of such loans;
`(B) paying taxes, insurance, prior liens, expenses necessary to make
fiscal adjustment in connection with the application and transmittal of
collections, and other expenses and advances to protect the Secretary for
loans which are guaranteed under this section or held by the
Secretary;
`(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.
(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.
(1) INDIAN TRIBE- The term `Indian tribe' has the meaning given that
term in section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)).
(2) SECRETARY- The term `Secretary' means the Secretary of the
Interior.
(3) SIOUX NATION- The term `Sioux Nation' means the Cheyenne River Sioux
Tribe, the Crow Creek Sioux Tribe, the Flandreau Santee Sioux Tribe, the
Lower Brule Sioux Tribe, the Oglala Sioux Tribe, the Rosebud Sioux Tribe,
the Santee Sioux Tribe, the Sisseton-Wahpeton Sioux Tribe, the Spirit Lake
Sioux Tribe, the Standing Rock Sioux Tribe, and the Yankton Sioux
Tribe.
Subtitle A--Reconciliation Center
SEC. 411. RECONCILIATION CENTER.
(a) ESTABLISHMENT- The Secretary of Housing and Urban Development, in
cooperation with the Secretary, shall establish, in accordance with this
section, a reconciliation center, to be known as `Wakpa Sica Reconciliation
Place'.
(b) LOCATION- Notwithstanding any other provision of law, the Secretary
shall take into trust for the benefit of the Sioux Nation the parcel of land
in Stanley County, South Dakota, that is described as the `Reconciliation
Place Addition' that is owned on the date of enactment of this Act by the
Wakpa Sica Historical Society, Inc., for the sole purpose of establishing and
operating Wakpa Sica Reconciliation Place as described in subsection (c).
(c) PURPOSES- The purposes of Wakpa Sica Reconciliation Place shall be as
follows:
(1) To enhance the knowledge and understanding of the history of Native
Americans by--
(A) displaying and interpreting the history, art, and culture of
Indian tribes for Indians and non-Indians; and
(B) providing an accessible repository for--
(i) the history of Indian tribes; and
(ii) the family history of members of Indian tribes.
(2) To provide for the interpretation of the encounters between Lewis
and Clark and the Sioux Nation.
(3) To house the Sioux Nation Tribal Supreme Court.
(4) To house a Native American economic development center.
(5) To house a facility to train tribal personnel in conflict resolution
and alternative dispute resolution.
(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.
(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 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
(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.
(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.
(1) IN GENERAL- Subject to the provisions of this subsection, the Tribe
and its members are eligible for all special programs and services provided
by the United States to Indians because of their status as Indians.
(2) CONTINUATION OF BENEFITS- Except as provided in paragraph (3), the
members of the Tribe who are residing on land recognized by the Secretary to
be within the Cherokee Nation and eligible for Federal program services or
benefits through the Cherokee Nation shall receive such services or benefits
through the Cherokee Nation.
(3) ADMINISTRATION BY TRIBE- The Tribe shall be eligible to apply for
and administer the special programs and services provided by the United
States to Indians because of their status as Indians, including such
programs and services within land recognized by the Secretary to be within
the Cherokee Nation, in accordance with applicable laws and regulations to
the same extent that the Cherokee Nation is eligible to apply for and
administer programs and services, but only--
(A) if the Cherokee Nation consents to the operation by the Tribe of
federally funded programs and services;
(B) if the benefits of such programs or services are to be provided to
members of the Tribe in areas recognized by the Secretary to be under the
jurisdiction of the Tribe and outside of land recognized by the Secretary
to be within the Cherokee Nation, so long as those members are not
receiving such programs or services from another Indian tribe; or
(C) if under applicable provisions of Federal law, the Cherokee Nation
is not eligible to apply for and administer such programs or
services.
(4) DUPLICATION OF SERVICES NOT ALLOWED- The Tribe shall not be eligible
to apply for or administer any Federal programs or services on behalf of
Indians recipients if such recipients are receiving or are eligible to
receive the same federally funded programs or services from the Cherokee
Nation.
(5) COOPERATIVE AGREEMENTS- Nothing in this section shall restrict the
Tribe and the Cherokee Nation from entering into cooperative agreements to
provide such programs or services and such funding agreements shall be
honored by Federal agencies, unless otherwise prohibited by law.
SEC. 705. ESTABLISHMENT OF A TRIBAL ROLL.
(a) APPROVAL OF BASE ROLL- Not later than 180 days after the date of
enactment of this Act, the Tribe shall submit to the Secretary for approval
its base membership roll, which shall include only individuals who are not
members of any other federally recognized Indian tribe or who have
relinquished membership in such tribe and are eligible for membership under
subsection (b).
(b) BASE ROLL ELIGIBILITY- An individual is eligible for enrollment on the
base membership roll of the Tribe if that individual--
(1) is on, or eligible to be on, the membership roll of Cherokee
Shawnees maintained by the Tribe prior to the date of enactment of this Act
which is separate from the membership roll of the Cherokee Nation; or
(2) is a lineal descendant of any person--
(A) who was issued a restricted fee patent to land pursuant to Article
2 of the Treaty of May 10, 1854, between the United States and the Tribe
(10 Stat. 1053); or
(B) whose name was included on the 1871 Register of names of those
members of the Tribe who moved to, and located in, the Cherokee Nation in
Indian Territory pursuant to the Agreement entered into by and between the
Tribe and the Cherokee Nation on June 7, 1869.
(c) FUTURE MEMBERSHIP- Future membership in the Tribe shall be as
determined under the eligibility requirements set out in subsection (b)(2) or
under such future membership ordinance as the Tribe may adopt.
SEC. 706. ORGANIZATION OF THE TRIBE; TRIBAL CONSTITUTION.
(a) EXISTING CONSTITUTION AND GOVERNING BODY- The existing constitution
and bylaws of the Cherokee Shawnee and the officers and members of the Shawnee
Tribal Business Committee, as constituted on the date of enactment of this
Act, are hereby recognized respectively as the governing documents and
governing body of the Tribe.
(b) CONSTITUTION- Notwithstanding subsection (a), the Tribe shall have a
right to reorganize its tribal government pursuant to section 3 of the Act of
June 26, 1936 (49 Stat. 1967; 25 U.S.C. 503).
SEC. 707. TRIBAL LAND.
(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 enactment of this Act over
trust land, restricted land, or other forms of Indian country of that Indian
tribe on such date.
SEC. 709. INDIVIDUAL INDIAN LAND.
Nothing in this title shall be construed to affect the restrictions
against alienation of any individual Indian's land and those restrictions
shall continue in force and effect.
SEC. 710. TREATIES NOT AFFECTED.
No provision of this title shall be construed to constitute an amendment,
modification, or interpretation of any treaty to which a tribe referred to in
this title is a party nor to any right secured to such a tribe or to any other
tribe by any treaty.
TITLE VIII--TECHNICAL CORRECTIONS
SEC. 801. SHORT TITLE.
This title may be cited as the `Native American Laws Technical Corrections
Act of 2000'.
Subtitle A--Miscellaneous Technical Provisions
SEC. 811. TECHNICAL CORRECTION TO AN ACT AFFECTING THE STATUS OF MISSISSIPPI
CHOCTAW LANDS AND ADDING SUCH LANDS TO THE CHOCTAW RESERVATION.
Section 1(a)(2) of Public Law 106-228 (an Act to make technical
corrections to the status of certain land held in trust for the Mississippi
Band of Choctaw Indians, to take certain land into trust for that Band, and
for other purposes) is amended by striking `September 28, 1999' and inserting
`February 7, 2000'.
SEC. 812. TECHNICAL CORRECTIONS CONCERNING THE FIVE CIVILIZED TRIBES OF
OKLAHOMA.
(a) INDIAN SELF-DETERMINATION ACT- Section 1(b)(15)(A) of the model
agreement set forth in section 108(c) of the Indian Self-Determination Act (25
U.S.C. 450l(c)) is amended--
(1) by striking `and section 16' and inserting `, section 16'; and
(2) by striking `shall not' and inserting `and the Act of July 3, 1952
(25 U.S.C. 82a), shall not'.
(b) INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT- Section
403(h)(2) of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 458cc(h)(2)) is amended--
(1) by striking `and section' and inserting `section'; and
(2) by striking `shall not' and inserting `and the Act of July 3, 1952
(25 U.S.C. 82a), shall not'.
(c) REPEALS- The following provisions of law are repealed:
(1) Section 2106 of the Revised Statutes (25 U.S.C. 84).
(2) Sections 438 and 439 of title 18, United States Code.
SEC. 813. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO THE RED LAKE
BAND OF CHIPPEWA INDIANS AND THE MINNESOTA CHIPPEWA TRIBES.
(a) RED LAKE BAND OF CHIPPEWA INDIANS- Notwithstanding any other provision
of law, the balances of all expert assistance loans made to the Red Lake Band
of Chippewa Indians under the authority of Public Law 88-168 (77 Stat. 301),
and relating to Red Lake Band v. United States (United States Court of Federal
Claims Docket Nos. 189 A, B, C), are canceled and the Secretary of the
Interior shall take such action as may be necessary to document such
cancellation and to release the Red Lake Band of Chippewa Indians from any
liability associated with such loans.
(b) MINNESOTA CHIPPEWA TRIBE- Notwithstanding any other provision of law,
the balances of all expert assistance loans made to the Minnesota Chippewa
Tribe under the authority of Public Law 88-168 (77 Stat. 301), and relating to
Minnesota Chippewa Tribe v. United States (United States Court of Federal
Claims Docket Nos. 19 and 188), are canceled and the Secretary of the Interior
shall take such action as may be necessary to document such cancellation and
to release the Minnesota Chippewa Tribe from any liability associated with
such loans.
SEC. 814. TECHNICAL AMENDMENT TO THE INDIAN CHILD PROTECTION AND FAMILY
VIOLENCE PROTECTION ACT.
Section 408(b) of the Indian Child Protection and Family Violence
Prevention Act (25 U.S.C. 3207(b)) is amended--
(1) by striking `any offense' and inserting `any felonious offense, or
any of 2 of more misdemeanor offenses,'; and
(2) by striking `or crimes against persons' and inserting `crimes
against persons; or offenses committed against children'.
SEC. 815. TECHNICAL AMENDMENT TO EXTEND THE AUTHORIZATION PERIOD UNDER THE
INDIAN HEALTH CARE IMPROVEMENT ACT.
The authorization of appropriations for, and the duration of, each program
or activity under the Indian Health Care Improvement Act (25 U.S.C. 1601 et
seq.) is extended through fiscal year 2001.
SEC. 816. TECHNICAL AMENDMENT TO EXTEND THE AUTHORIZATION PERIOD UNDER THE
INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT ACT OF 1986.
The authorization of appropriations for, and the duration of, each program
or activity under the Indian Alcohol and Substance Abuse Prevention and
Treatment Act of 1986 (25 U.S.C. 2401 et seq.) is extended through fiscal year
2001.
SEC. 817. MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL
ENVIRONMENTAL POLICY FOUNDATION.
(a) AUTHORITY- Section 6(7) of the Morris K. Udall Scholarship and
Excellence in National Environmental and Native American Public Policy Act of
1992 (20 U.S.C. 5604(7)) is amended by inserting before the semicolon at the
end the following: `, by conducting management and leadership training of
Native Americans, Alaska Natives, and others involved in tribal leadership,
providing assistance and resources for policy analysis, and carrying out other
appropriate activities.'.
(b) ADMINISTRATIVE PROVISIONS- Section 12(b) of the Morris K. Udall
Scholarship and Excellence in National Environmental and Native American
Public Policy Act of 1992 (20 U.S.C. 5608(b)) is amended by inserting before
the period at the end the following: `and to the activities of the Foundation
under section 6(7)'.
(c) AUTHORIZATION OF APPROPRIATIONS- Section 13 of the Morris K. Udall
Scholarship and Excellence in National Environmental and Native American
Public Policy Act of 1992 (20 U.S.C. 5609) is amended by adding at the end the
following:
`(c) TRAINING OF PROFESSIONALS IN HEALTH CARE AND PUBLIC POLICY- There is
authorized to be appropriated to carry out section 6(7) $12,300,000 for the
5-fiscal year period beginning with the fiscal year in which this subsection
is enacted.'.
SEC. 818. TECHNICAL AMENDMENT REGARDING THE TREATMENT OF CERTAIN INCOME FOR
PURPOSES OF FEDERAL ASSISTANCE.
Section 7 of the Act of October 19, 1973 (25 U.S.C. 1407) is amended--
(1) in paragraph (2), by striking `or' at the end;
(2) in paragraph (3), by adding `or' at the end; and
(3) by inserting after paragraph (3), the following:
`(4) are paid by the State of Minnesota to the Bois Forte Band of
Chippewa Indians pursuant to the agreements of such Band to voluntarily
restrict tribal rights to hunt and fish in territory cede under the Treaty
of September 30, 1854 (10 Stat. 1109), including all interest accrued on
such funds during any period in which such funds are held in a minor's
trust,'.
SEC. 819. LAND TO BE TAKEN INTO TRUST.
Notwithstanding any other provision of law, the Secretary of the Interior
shall accept for the benefit of the Lytton Rancheria of California the land
described in that certain grant deed dated and recorded on October 16, 2000,
in the official records of the County of Contra Costa, California, Deed
Instrument Number 2000-229754. The Secretary shall declare that such land is
held in trust by the United States for the benefit of the Rancheria and that
such land is part of the reservation of such Rancheria under sections 5 and 7
of the Act of June 18, 1934 (48 Stat. 985; 25 U.S.C. 467). Such land shall be
deemed to have been held in trust and part of the reservation of the Rancheria
prior to October 17, 1988.
Subtitle B--Santa Fe Indian School
SEC. 821. SHORT TITLE.
This subtitle may be cited as the `Santa Fe Indian School Act'.
SEC. 822. DEFINITIONS.
(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.
(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 enactment of this Act.
(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
S 1/2 NW 1/4 , NW 1/4 NW 1/4 , 120 acres.
Township 43 North, Range 13 East
SE 1/4 SE 1/4 , 40 acres,
SE 1/4 NW 1/4 , 40 acres,
SW 1/4 SE 1/4 , 40 acres,
SE 1/4 NW 1/4 , 40 acres,
NE 1/4 SW 1/4 , 40 acres,
SE 1/4 SE 1/4 , 40 acres,
SE 1/4 NW 1/4 , 40 acres,
Township 44 North, Range 14 East,
(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
W 1/2 of Lot 5 in the NE 1/4 , Lot 3, E 1/2 of Lot 4, and E 1/2 of Lot 5
in the NW 1/4 .
(3) BARONA GROUP OF CAPITAN GRANDE BAND OF MISSION INDIANS- Lands to be
held in trust for the Barona Group of Capitan Grande Band of Mission Indians
are comprised of approximately 5.03 acres described as follows:
San Bernardino Base and Meridian
Township 14 South, Range 2 East
(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
NE 1/4 , N 1/2 SE 1/4 , SE 1/4 SE 1/4 .
W 1/2 SW 1/4 , NE 1/4 SW 1/4 , NW 1/4 SE 1/4 .
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
Lots 1, 2, 3, and 4, S 1/2 .
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
(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
S 1/2 NE 1/4 , SE 1/4 NW 1/4 , NE 1/4 SE 1/4 .
SEC. 903. MISCELLANEOUS PROVISIONS.
(a) PROCEEDS FROM RENTS AND ROYALTIES TRANSFERRED TO INDIANS- Amounts
which accrue to the United States after the date of the enactment of this Act
from sales, bonuses, royalties, and rentals relating to any land described in
section 902 shall be available for use or obligation, in such manner and for
such purposes as the Secretary may approve, by the tribe, band, or group of
Indians for whose benefit such land is taken into trust.
(b) NOTICE OF CANCELLATION OF GRAZING PREFERENCES- Grazing preferences on
lands described in section 902 shall terminate 2 years after the date of the
enactment of this Act.
(c) LAWS GOVERNING LANDS TO BE HELD IN TRUST-
(1) IN GENERAL- Any lands which are to be held in trust for the benefit
of any tribe, band, or group of Indians pursuant to this Act shall be added
to the existing reservation of the tribe, band, or group, and the official
boundaries of the reservation shall be modified accordingly.
(2) APPLICABILITY OF LAWS OF THE UNITED STATES- The lands referred to in
paragraph (1) shall be subject to the laws of the United States relating to
Indian land in the same manner and to the same extent as other lands held in
trust for such tribe, band, or group on the day before the date of enactment
of this Act.
TITLE X--NATIVE AMERICAN HOMEOWNERSHIP
SEC. 1001. LANDS TITLE REPORT COMMISSION.
(a) ESTABLISHMENT- Subject to sums being provided in advance in
appropriations Acts, there is established a Commission to be known as the
Lands Title Report Commission (hereafter in this section referred to as the
`Commission') to facilitate home loan mortgages on Indian trust lands. The
Commission will be subject to oversight by the Committee on Banking and
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(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.
(A) MEMBERS OF TRIBES- At all times, not less than 8 of the members of
the Commission shall be members of federally recognized Indian
tribes.
(B) EXPERIENCE IN LAND TITLE MATTERS- All members of the Commission
shall have experience in and knowledge of land title matters relating to
Indian trust lands.
(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).
(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--
`(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.'.
(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) 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.
`(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:
(3) by striking `(2) is a result' and inserting the following:
(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
`(c) LIMITATION- The funds used for an expenditure described in subsection
(a) may only include funds made available to the Indian tribe by a Federal
agency under a statutory or administrative formula.'.
SEC. 1104. REPORT ON EXPANDING THE OPPORTUNITIES FOR PROGRAM
INTEGRATION.
Not later than one year after the date of enactment of this title, the
Secretary, the Secretary of Health and Human Services, the Secretary of Labor,
and the tribes and organizations participating in the integration initiative
under this title shall submit a report to the Committee on Indian Affairs of
the Senate and the Committee on Resources of the House of Representatives on
the opportunities for expanding the integration of human resource development
and economic development programs under this title, and the feasibility of
establishing Joint Funding Agreements to authorize tribes to access and
coordinated funds and resources from various agencies for purposes of human
resources development, physical infrastructure development, and economic
development assistance in general. Such report shall identify programs or
activities which might be integrated and make recommendations for the removal
of any statutory or other barriers to such integration.
TITLE XII--NAVAJO NATION TRUST LAND LEASING
SEC. 1201. SHORT TITLE.
This title may be cited as the `Navajo Nation Trust Land Leasing Act of
2000'.
SEC. 1202. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.
(a) FINDINGS- Recognizing the special relationship between the United
States and the Navajo Nation and its members, and the Federal responsibility
to the Navajo people, Congress finds that--
(1) the third clause of section 8, Article I of the United States
Constitution provides that `The Congress shall have Power . . to regulate
Commerce . . with Indian tribes', and, through this and other constitutional
authority, Congress has plenary power over Indian affairs;
(2) Congress, through statutes, treaties, and the general course of
dealing with Indian tribes, has assumed the responsibility for the
protection and preservation of Indian tribes and their resources;
(3) the United States has a trust obligation to guard and preserve the
sovereignty of Indian tribes in order to foster strong tribal governments,
Indian self-determination, and economic self-sufficiency;
(4) pursuant to the first section of the Act of August 9, 1955 (25
U.S.C. 415), Congress conferred upon the Secretary of the Interior the power
to promulgate regulations governing tribal leases and to approve tribal
leases for tribes according to regulations promulgated by the
Secretary;
(5) the Secretary has promulgated the regulations described in paragraph
(4) at part 162 of title 25, Code of Federal Regulations;
(6) the requirement that the Secretary approve leases for the
development of Navajo trust lands has added a level of review and regulation
that does not apply to the development of non-Indian land; and
(7) in the global economy of the 21st century, it is crucial that
individual leases of Navajo trust lands not be subject to Secretarial
approval and that the Navajo Nation be able to make immediate decisions over
the use of Navajo trust lands.
(b) PURPOSES- The purposes of this title are as follows:
(1) To establish a streamlined process for the Navajo Nation to lease
trust lands without having to obtain the approval of the Secretary of the
Interior of individual leases, except leases for exploration, development,
or extraction of any mineral resources.
(2) To authorize the Navajo Nation, pursuant to tribal regulations,
which must be approved by the Secretary, to lease Navajo trust lands without
the approval of the Secretary of the Interior of the individual leases,
except leases for exploration, development, or extraction of any mineral
resources.
(3) To revitalize the distressed Navajo Reservation by promoting
political self-determination, and encouraging economic self-sufficiency,
including economic development that increases productivity and the standard
of living for members of the Navajo Nation.
(4) To maintain, strengthen, and protect the Navajo Nation's leasing
power over Navajo trust lands.
(c) DEFINITIONS- In this section:
(1) INDIAN TRIBE- The term `Indian tribe' has the meaning given such
term in section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)).
(2) NAVAJO NATION- The term `Navajo Nation' means the Navajo Nation
government that is in existence on the date of enactment of this Act.
(3) TRIBAL REGULATIONS- The term `tribal regulations' means the Navajo
Nation regulations as enacted by the Navajo Nation Council or its standing
committees and approved by the Secretary.
SEC. 1203. LEASE OF RESTRICTED LANDS FOR THE NAVAJO NATION.
The first section of the Act of August 9, 1955 (25 U.S.C. 415) is
amended--
(A) in paragraph (1), by striking `and' at the end;
(B) in paragraph (2), by striking the period and inserting a
semicolon; and
(C) by adding at the end the following:
`(3) the term `individually owned Navajo Indian allotted lands' means
Navajo Indian allotted land that is owned by 1 or more individuals located
within the Navajo Nation;
`(4) the term `Navajo Nation' means the Navajo Nation government that is
in existence on the date of enactment of this Act;
`(5) the term `Secretary' means the Secretary of the Interior; and
`(6) the term `tribal regulations' means the Navajo Nation regulations
as enacted by the Navajo Nation Council or its standing committees and
approved by the Secretary.'; and
(2) by adding at the end the following:
`(e)(1) Any leases by the Navajo Nation for purposes authorized under
subsection (a), except a lease for the exploration, development, or extraction
of any mineral resources, shall not require the approval of the Secretary if
the term of the lease does not exceed 75 years (including options to renew),
and the lease is executed under tribal regulations that are approved by the
Secretary under this subsection.
`(2) Paragraph (1) shall not apply to individually owned Navajo Indian
allotted land located within the Navajo Nation.
`(3) The Secretary shall have the authority to approve or disapprove
tribal regulations required under paragraph (1). The Secretary shall not have
approval authority over individual leases of Navajo trust lands, except for
the exploration, development, or extraction of any mineral resources. The
Secretary shall perform the duties of the Secretary under this subsection in
the best interest of the Navajo Nation.
`(4) If the Navajo Nation has executed a lease pursuant to tribal
regulations required under paragraph (1), the United states shall not be
liable for losses sustained by any party to such lease, including the Navajo
Nation, except that--
`(A) the Secretary shall continue to have a trust obligation to ensure
that the rights of the Navajo Nation are protected in the event of a
violation of the terms of any lease by any other party to such lease,
including the right to cancel the lease if requested by the Navajo Nation;
and
`(B) nothing in this subsection shall be construed to absolve the United
States from any responsibility to the Navajo Nation, including
responsibilities that derive from the trust relationship and from any
treaties, Executive orders, or agreements between the United States and the
Navajo Nation, except as otherwise specifically provided in this
subsection.'.
TITLE XIII--AMERICAN INDIAN EDUCATION FOUNDATION
SEC. 1301. SHORT TITLE.
This title may be cited as the `American Indian Education Foundation Act
of 2000'.
SEC. 1302. ESTABLISHMENT OF AMERICAN INDIAN EDUCATION FOUNDATION.
The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450
et seq.) is amended by adding at the end the following:
`TITLE V--AMERICAN INDIAN EDUCATION FOUNDATION
`SEC. 501. AMERICAN INDIAN EDUCATION FOUNDATION.
`(a) IN GENERAL- As soon as practicable after the date of the enactment of
this title, the Secretary of the Interior shall establish, under the laws of
the District of Columbia and in accordance with this title, the American
Indian Education Foundation.
`(b) PERPETUAL EXISTENCE- Except as otherwise provided, the Foundation
shall have perpetual existence.
`(c) NATURE OF CORPORATION- The Foundation shall be a charitable and
nonprofit federally chartered corporation and shall not be an agency or
instrumentality of the United States.
`(d) PLACE OF INCORPORATION AND DOMICILE- The Foundation shall be
incorporated and domiciled in the District of Columbia.
`(e) PURPOSES- The purposes of the Foundation shall be--
`(1) to encourage, accept, and administer private gifts of real and
personal property or any income therefrom or other interest therein for the
benefit of, or in support of, the mission of the Office of Indian Education
Programs of the Bureau of Indian Affairs (or its successor office);
`(2) to undertake and conduct such other activities as will further the
educational opportunities of American Indians who attend a Bureau funded
school; and
`(3) to participate with, and otherwise assist, Federal, State, and
tribal governments, agencies, entities, and individuals in undertaking and
conducting activities that will further the educational opportunities of
American Indians attending Bureau funded schools.
`(1) IN GENERAL- The Board of Directors shall be the governing body of
the Foundation. The Board may exercise, or provide for the exercise of, the
powers of the Foundation.
`(2) SELECTION- The number of members of the Board, the manner of their
selection (including the filling of vacancies), and their terms of office
shall be as provided in the constitution and bylaws of the Foundation.
However, the Board shall have at least 11 members, 2 of whom shall be the
Secretary and the Assistant Secretary of the Interior for Indian Affairs,
who shall serve as ex officio nonvoting members, and the initial voting
members of the Board shall be appointed by the Secretary not later than 6
months after the date that the Foundation is established and shall have
staggered terms (as determined by the Secretary).
`(3) QUALIFICATION- The members of the Board shall be United States
citizens who are knowledgeable or experienced in American Indian education
and shall, to the extent practicable, represent diverse points of view
relating to the education of American Indians.
`(4) COMPENSATION- Members of the Board shall not receive compensation
for their services as members, but shall be reimbursed for actual and
necessary travel and subsistence expenses incurred by them in the
performance of the duties of the Foundation.
`(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.
`(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.
Passed the House of Representatives October 26, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
END