S.Amdt. 4507

1. Adds TITLE ___--NATIVE AMERICAN INVESTMENT INITIATIVES wherever appropriate

   Adds a title

   Inserted: TITLE ___--NATIVE AMERICAN INVESTMENT INITIATIVES

   Inserted: SEC. _01. IMPROVING ACCESS TO CAPITAL FOR INDIAN TRIBES.

   Inserted: Section 201 of the Indian Financing Act of 1974 (25 U.S.C. 1481) is amended by adding at the end the following:

   Inserted: "(c) Improving Access to Capital for Indian Tribes.--The Secretary shall consider more favorable equity terms or allow an increase in loan guarantees from 90 percent up to 95 percent of the unpaid principal and interest due on any loan made under this section for energy development or manufacturing carried out on Indian land or within a tribal service area recognized by the Bureau of Indian Affairs.".

   Inserted: SEC. _02. SURETY BOND GUARANTEES.

   Inserted: Section 218 of the Indian Financing Act of 1974 (25 U.S.C. 1497a) is amended to read as follows:

   Inserted: "SEC. 218. SURETY BOND GUARANTEES.

   Inserted: "(a) Amount; Eligibility.--The Secretary may issue a guarantee up to 100 percent of amounts covered by a surety bond issued for eligible construction, renovation, or demolition work performed or to be performed by an Indian individual or Indian economic enterprise.

   Inserted: "(b) Conditions.--

   Inserted: "(1) In general.--The Secretary may provide a surety bond guarantee under this section only if the Secretary determines that--

   Inserted: "(A) the guarantee is necessary for the Indian individual or Indian economic enterprise to secure a surety bond on commercially reasonable terms;

   Inserted: "(B) not more than 25 percent of the business of the surety is comprised of bonds guaranteed pursuant to this section; and

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   Inserted: "(C) the surety meets eligibility standards established by the Secretary in rules and regulations.

   Inserted: "(2) Prevention and mitigation of loss.--The Secretary shall condition each surety bond guarantee to an Indian business on the existence of--

   Inserted: "(A) appropriate technical assistance and advice; and

   Inserted: "(B) adequate monitoring of the performance of the project.

   Inserted: "(c) Fees and Charges.--

   Inserted: "(1) In general.--The rules and regulations promulgated by the Secretary to carry out this section shall include the setting of--

   Inserted: "(A) reasonable fees to be paid by the Indian individual or economic enterprise; and

   Inserted: "(B) reasonable premium charges to be paid by sureties.

   Inserted: "(2) Receipts.--The receipts from fees and charges shall be made available to the Secretary for administration and management of this section.".

   Inserted: SEC. _03. INDIAN EMPLOYMENT, TRAINING, AND RELATED SERVICES.

   Inserted: The Indian Employment, Training, and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.) is amended--

   Inserted: (1) in section 2 (25 U.S.C. 3401), by striking "The purposes of this chapter are to demonstrate how Indian tribal governments can integrate the employment, training, and related services they provide in order" and inserting "The purposes of this chapter are to promote tribal government integration of employment, training, and related services";

   Inserted: (2) in section 3 (25 U.S.C. 3402), by adding at the end the following:

   Inserted: "(5) Tribal organization.--The term 'tribal organization' has meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).";

   Inserted: (3) in section 4 (25 U.S.C. 3403)--

   Inserted: (A) by striking "The Secretary" and inserting the following:

   Inserted: "(a) In General.--The Secretary"; and

   Inserted: (B) by adding at the end the following:

   Inserted: "(b) Single Integrated Plan.--On approval by the Secretary of a plan submitted by an Indian tribe or tribal organization under subsection (a), the covered programs shall be fully integrated into a single, coordinated, comprehensive program that shall not require the Indian tribe or tribal organization to submit to any additional budgets, reports, audits, supplemental audits, or other documentation requirements.

   Inserted: "(c) Transfer of Funds.--Notwithstanding any other provision of law, all funds for programs and services covered by an approved plan under this section shall, at the request of the Indian tribe or tribal organization, be transferred to the Indian tribe or tribal organization pursuant to an existing contract, compact, or funding agreement, including those awarded under title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).";

   Inserted: (4) in section 5 (25 U.S.C. 3404), by striking "in a demonstration project under any such" and inserting "under any";

   Inserted: (5) in section 6 (25 U.S.C. 3405), by striking paragraph (3) and inserting the following:

   Inserted: "(3) identify--

   Inserted: "(A) the full range of potential employment opportunities on and near the service area of the Indian tribe or tribal organization; and

   Inserted: "(B) the education, training, and related services to be provided to assist individual Indians to access those employment opportunities;";

   Inserted: (6) by striking sections 7 and 8 (25 U.S.C. 3406, 3407) and inserting the following:

   Inserted: "SEC. 7. PLAN REVIEW AND APPROVAL.

   Inserted: "(a) In General.--Not later than 90 days after the date of receipt of a plan under section 4, the Secretary shall approve the plan, including any request for a waiver that is made as part of the plan, and authorize the transfer of funds pursuant to that plan, unless the Secretary provides written notification of disapproval of the plan that contains a specific finding that clearly demonstrates that, or that is supported by a controlling legal authority that, the plan does not meet the requirements of section 6.

   Inserted: "(b) Failure To Act.--Any plan that the Secretary fails to act on by the date that is 90 days after the date of receipt (or such extended time as may be provided under subsection (c)) shall be considered to be approved.

   Inserted: "(c) Extension of Time.--Notwithstanding any other provision of law, the Secretary may extend or otherwise modify the 90-day period specified in subsection (a), if before the expiration of that period, the Secretary obtains the express written consent of the Indian tribe or tribal organization to extend or alter the period for up to 90 additional days.

   Inserted: "(d) Review of Decision; Applicable Provisions.--On a decision to disapprove a plan, the following provisions of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) shall apply to the review of the decision:

   Inserted: "(1) Section 102(b) (25 U.S.C. 450f(b)) (relating to the declination process).

   Inserted: "(2) Section 102(e) (25 U.S.C. 450f(e)) (relating to burden of proof and finality).

   Inserted: "(3) Subsections (a) and (c) of section 110 (25 U.S.C. 450m-1) (relating to appeals).";

   Inserted: (7) in section 11 (25 U.S.C. 3410)--

   Inserted: (A) in subsection (a), by striking paragraphs (1) through (4) and inserting the following:

   Inserted: "(1) the development and use of a model single report for each approved plan submitted by an Indian tribe or tribal organization to report on the consolidated activities undertaken and joint expenditures made under the plan;

   Inserted: "(2) the provision, either directly or through contract, of appropriate technical assistance to an Indian tribe or tribal organization with an approved plan, on the condition that the Indian tribe or tribal organization retains the authority to accept the plan for providing such technical assistance and the technical assistance provider;

   Inserted: "(3) the development and use of a single monitoring and oversight system for the plan;

   Inserted: "(4)(A) the receipt of all funds covered by a plan submitted by an Indian tribe or tribal organization and approved by the Secretary; and

   Inserted: "(B) the distribution of all such funds to the respective Indian tribe or tribal organization; and

   Inserted: "(5) the performance of activities described in section 7 relating to agency waivers and the establishment of an inter-agency dispute resolution process.";

   Inserted: (B) by redesignating subsection (b) as subsection (c); and

   Inserted: (C) by inserting after subsection (a) the following:

   Inserted: "(b) Interdepartmental Memorandum.--

   Inserted: "(1) In general.--The interdepartmental memorandum described in subsection (a) shall include, at a minimum, requirements for--

   Inserted: "(A) an annual meeting of participating Indian tribes, tribal organizations, and Federal agencies, with the meeting co-chaired by a representative of the President and a representative of the participating Indian tribes;

   Inserted: "(B) an annual review of the achievements under the Act as well as statutory, regulatory, administrative, and policy obstacles that prevent participating Indian tribes from fully carrying out the purposes of the Act; and

   Inserted: "(C) in accordance with paragraph (2), the establishment of an advisory committee to identify and resolve inter-agency or Federal-tribal conflicts in the administration of the Act.

   Inserted: "(2) Advisory committee.--The Advisory Committee described in paragraph (1)(C) shall--

   Inserted: "(A) be comprised of representatives appointed by the Secretary of the Interior, the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Education, the Secretary of Commerce, the Secretary of Transportation, and the Secretary of Agriculture;

   Inserted: "(B) have 2 representatives appointed by the Secretary of the Interior from nominations submitted by Indian tribes or tribal organizations;

   Inserted: "(C) meet at least twice per year; and

   Inserted: "(D) be exempt from the requirements of Federal Advisory Committee Act (5 U.S.C. App.).";

   Inserted: (8) in section 12 (25 U.S.C. 3411), by striking "tribal government involved in any demonstration project be reduced as a result of" and inserting "participating Indian tribe or tribal organization be reduced as a result of the approval or implementation of a plan under this Act or";

   Inserted: (9) in section 13 (25 U.S.C. 3412), by striking "a tribal government in order to further the purposes of this Act" and inserting "an Indian tribe or tribal organization in order to further the purposes of this Act (including any amendments made to this Act)";

   Inserted: (10) in section 14 (25 U.S.C. 3413)--

   Inserted: (A) in subsection (a), by striking paragraph (2) and inserting the following:

   Inserted: "(2) Separate records and audits not required.--Notwithstanding any other provision of law, including any regulation or circular of any agency (including Circular A-133 of the Office of Management and Budget), a participating Indian tribe or tribal organization shall not be required--

   Inserted: "(A) to maintain separate records tracing any services or activities conducted under the approved plan of the Indian tribe or tribal organization to the individual programs under which funds were authorized or transferred;

   Inserted: "(B) to allocate expenditures among the individual programs; or

   Inserted: "(C) to audit expenditures by original program source."; and

   Inserted: (B) by striking subsection (b) and inserting the following:

   Inserted: "(b) Overage; Carryover; Indirect Costs.--

   Inserted: "(1) Overage.--

   Inserted: "(A) In general.--All administrative costs may be commingled and participating Indian tribes shall be entitled to the full amount of the costs, subject to the regulations of each program or department.

   Inserted: "(B) Audit purposes.--The difference between the amount of the commingled funds and the actual administrative cost of the programs, or the overage, shall be considered to be properly spent for Federal audit purposes, if the overage is used to carry out this Act.

   Inserted: "(C) Requirements.--Amounts described in subparagraphs (A) and (B) shall be required to be obligated or expended consistent with the plan of the Indian tribe or tribal organization, but no additional justification or documentation of the purposes shall be required to be provided by the Indian tribe or tribal organization as a condition of receiving or expending the funds.

   Inserted: "(2) Carryover.--

   Inserted: "(A) In general.--For each fiscal year, any amounts transferred to an Indian tribe or tribal organization pursuant to this Act that remain unobligated or unexpended shall remain available for obligation or expenditure without fiscal year limitation.

   Inserted: "(B) Requirements.--Amounts described in subparagraph (A) shall be required to be obligated or expended consistent with the plan of the Indian tribe or tribal organization, but no additional justification or documentation shall be required of the Indian tribe or tribal organization as a condition of receiving or expending the amounts.

   Inserted: "(3) Indirect costs.--Notwithstanding any other provision of law, an Indian tribe or tribal organization shall be entitled to recover the full indirect costs associated with any amounts transferred to the Indian tribe or tribal organization pursuant to this Act, at the applicable indirect cost rate of the Indian tribe or tribal organization, as approved by the relevant Federal agency."; and

   Inserted: (11) by amending section 16 (25 U.S.C. 3415) to read as follows:

   Inserted: "SEC. 16. REPORT ON STATUTORY OBSTACLES TO PROGRAM INTEGRATION.

   Inserted: "(a) In General.--Not later than 3 years after the date of enactment of the Small Business Jobs and Credit Act of 2010, the advisory committee established pursuant to section 11(b)(2) shall submit to the Committee on Indian Affairs and the Committee on Finance of the Senate and the Committee on Natural Resources and the Committee on Education and Labor of the House of Representatives a report on the implementation and administration of this Act and any inter-agency or Federal-tribal conflicts in the administration of this Act.

   Inserted: "(b) Requirements.--The report shall identify any barriers to the ability of tribal governments to integrate more effectively the employment, training, and related services of the tribal governments in a manner consistent with the purposes of this Act.

   Inserted: "(c) Feasibility Study.--Not later than 18 months after the date of enactment of the Small Business Jobs and Credit Act of 2010, the Comptroller General of the United States shall publish a study on the feasibility of expanding the integration program established under this Act to other Federal agencies that provide funding for employment, training, and related services to Indian tribes and tribal organizations.".

   Inserted: TITLE ___--HEARTH

   Inserted: SEC. _01. SHORT TITLE.

   Inserted: This title may be cited as the "Helping Expedite and Advance Responsible Tribal Homeownership Act of 2010" or the "HEARTH Act of 2010".

   Inserted: SEC. _02. APPROVAL OF, AND REGULATIONS RELATED TO, TRIBAL LEASES.

   Inserted: The first section of the Act titled "An Act to authorize the leasing of restricted Indian lands for public, religious, educational, recreational, residential, business, and other purposes requiring the grant of long-term leases", approved August 9, 1955 (25 U.S.C. 415) is amended as follows:

   Inserted: (1) In subsection (d)--

   Inserted: (A) in paragraph (4), by striking "the Navajo Nation" and inserting "an applicable Indian tribe";

   Inserted: (B) in paragraph (6), by striking "the Navajo Nation" and inserting "an Indian tribe";

   Inserted: (C) in paragraph (7), by striking "and" after the semicolon at the end;

   Inserted: (D) in paragraph (8)--

   Inserted: (i) by striking "the Navajo Nation";

   Inserted: (ii) by striking "with Navajo Nation law" and inserting "with applicable tribal law"; and

   Inserted: (iii) by striking the period at the end and inserting a semicolon; and

   Inserted: (E) by adding at the end the following:

   Inserted: "(9) the term 'Indian tribe' has the meaning given such term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a); and

   Inserted: "(10) the term 'individually owned allotted land' means a parcel of land that--

   Inserted: "(A)(i) is located within the jurisdiction of an Indian tribe; or

   Inserted: "(ii) is held in trust or restricted status by the United States for the benefit of an Indian tribe or a member of an Indian tribe; and

   Inserted: "(B) is allotted to a member of an Indian tribe.".

   Inserted: (2) By adding at the end the following:

   Inserted: "(h) Tribal Approval of Leases.--

   Inserted: "(1) In general.--At the discretion of any Indian tribe, any lease by the Indian tribe for the purposes authorized under subsection (a) (including any amendments to 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 lease is executed under the tribal regulations approved by the Secretary under this subsection and the term of the lease does not exceed--

   Inserted: "(A) in the case of a business or agricultural lease, 25 years, except that any such lease may include an option to renew for up to 2 additional terms, each of which may not exceed 25 years; and

   Inserted: "(B) in the case of a lease for public, religious, educational, recreational, or residential purposes, 75 years, if such a term is provided for by the regulations issued by the Indian tribe.

   Inserted: "(2) Allotted land.--Paragraph (1) shall not apply to any lease of individually owned Indian allotted land.

   Inserted: "(3) Authority of secretary over tribal regulations.--

   Inserted: "(A) In general.--The Secretary shall have the authority to approve or disapprove any tribal regulations issued in accordance with paragraph (1).

   Inserted: "(B) Considerations for approval.--The Secretary shall approve any tribal regulation issued in accordance with paragraph (1), if the tribal regulations--

   Inserted: "(i) are consistent with any regulations issued by the Secretary under subsection (a) (including any amendments to the subsection or regulations); and

   Inserted: "(ii) provide for an environmental review process that includes--

   Inserted: "(I) the identification and evaluation of any significant effects of the proposed action on the environment; and

   Inserted: "(II) a process for ensuring that--

   Inserted: "(aa) the public is informed of, and has a reasonable opportunity to comment on, any significant environmental impacts of the proposed action identified by the Indian tribe; and

   Inserted: "(bb) the Indian tribe provides responses to relevant and substantive public comments on any such impacts before the Indian tribe approves the lease.

   Inserted: "(4) Review process.--

   Inserted: "(A) In general.--Not later than 120 days after the date on which the tribal regulations described in paragraph (1) are submitted to the Secretary, the Secretary shall review and approve or disapprove the regulations.

   Inserted: "(B) Written documentation.--If the Secretary disapproves the tribal regulations described in paragraph (1), the Secretary shall include written documentation with the disapproval notification that describes the basis for the disapproval.

   Inserted: "(C) Extension.--The deadline described in subparagraph (A) may be extended by the Secretary, after consultation with the Indian tribe.

   Inserted: "(5) Federal environmental review.--Notwithstanding paragraphs (3) and (4), if an Indian tribe carries out a project or activity funded by a Federal agency, the Indian tribe shall have the authority to rely on the environmental review process of the applicable Federal agency rather than any tribal environmental review process under this subsection.

   Inserted: "(6) Documentation.--If an Indian tribe executes a lease pursuant to tribal regulations under paragraph (1), the Indian tribe shall provide the Secretary with--

   Inserted: "(A) a copy of the lease, including any amendments or renewals to the lease; and

   Inserted: "(B) in the case of tribal regulations or a lease that allows for lease payments to be made directly to the Indian tribe, documentation of the lease payments that are sufficient to enable the Secretary to discharge the trust responsibility of the United States under paragraph (7).

   Inserted: "(7) Trust responsibility.--

   Inserted: "(A) In general.--The United States shall not be liable for losses sustained by any party to a lease executed pursuant to tribal regulations under paragraph (1).

   Inserted: "(B) Authority of secretary.--Pursuant to the authority of the Secretary to fulfill the trust obligation of the United States to the applicable Indian tribe under Federal law (including regulations), the Secretary may, upon reasonable notice from the applicable Indian tribe and at the discretion of the Secretary, enforce the provisions of, or cancel, any lease executed by the Indian tribe under paragraph (1).

   Inserted: "(8) Compliance.--

   Inserted: "(A) In general.--An interested party, after exhausting of any applicable tribal remedies, may submit a petition to the Secretary, at such time and in such form as the Secretary determines to be appropriate, to review the compliance of the applicable Indian tribe with any tribal regulations approved by the Secretary under this subsection.

   Inserted: "(B) Violations.--If, after carrying out a review under subparagraph (A), the Secretary determines that the tribal regulations were violated, the Secretary may take any action the Secretary determines to be necessary to remedy the violation, including rescinding the approval of the tribal regulations and reassuming responsibility for the approval of leases of tribal trust lands.

   Inserted: "(C) Documentation.--If the Secretary determines that a violation of the tribal regulations has occurred and a remedy is necessary, the Secretary shall--

   Inserted: "(i) make a written determination with respect to the regulations that have been violated;

   Inserted: "(ii) provide the applicable Indian tribe with a written notice of the alleged violation together with such written determination; and

   Inserted: "(iii) prior to the exercise of any remedy, the rescission of the approval of the regulation involved, or the reassumption of lease approval responsibilities, provide the applicable Indian tribe with--

   Inserted: "(I) a hearing that is on the record; and

   Inserted: "(II) a reasonable opportunity to cure the alleged violation.

   Inserted: "(9) Savings clause.--Nothing in this subsection shall affect subsection (e) or any tribal regulations issued under that subsection.".

   Inserted: SEC. _03. LAND TITLE REPORTS--REVIEW AND REPORT TO CONGRESS.

   Inserted: Not later than 180 days after funds are made available for this section, the Bureau of Indian Affairs shall prepare and submit to the Committees on Financial Services and Natural Resources in the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Indian Affairs in the Senate a report regarding the history and experience of Indian tribes that have chosen to assume responsibility for operating the Indian Land Title and Records Office (hereafter referred to as the "LTRO") functions from the Bureau of Indian Affairs. In conducting the review, the Bureau of Indian Affairs shall consult with the Department of Housing and Urban Development Office of Native American Programs and those Indian tribes that are managing LTRO functions (hereafter referred to as the "managing Indian tribes"). The review shall include an analysis of the following factors:

   Inserted: (1) Whether and how tribal management of the LTRO functions has expedited the processing and issuance of Indian land title certifications as compared to when the Bureau of Indian Affairs managed these programs.

   Inserted: (2) Whether and how tribal management of the LTRO functions has increased home ownership among the managing Indian tribe's population.

   Inserted: (3) What internal preparations and processes were required of the managing Indian tribes prior to assuming management of the LTRO functions.

   Inserted: (4) Whether tribal management of the LTRO functions resulting in a transfer of financial resources and manpower from the Bureau of Indian Affairs to the managing Indian tribes and, if so, what transfers were undertaken.

   Inserted: (5) Whether, in appropriate circumstances and with the approval of geographically proximate Indian tribes, the LTRO functions may be performed by a single Indian tribe or a tribal consortium in a cost effective manner.

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As printed