[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5858-S5870]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6341. Mr. SCHATZ (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

          DIVISION E--PROVISIONS RELATING TO NATIVE AMERICANS

     TITLE LI--NATIVE AMERICAN LANGUAGE RESOURCE CENTER ACT OF 2022

     SEC. 5101. SHORT TITLE.

       This title may be cited as the ``Native American Language 
     Resource Center Act of 2022''.

     SEC. 5102. NATIVE AMERICAN LANGUAGE RESOURCE CENTERS.

       (a) Purpose.--The purpose of this title is to further align 
     the resources provided by the Department of Education with 
     the policies set forth in the Native American Languages Act 
     (25 U.S.C. 2901 et seq.) through establishment of a program 
     within the Department of Education to support 1 or more 
     Native American language resource centers.
       (b) In General.--The Secretary of Education is authorized 
     to make a grant to, or enter into a contract with, an 
     eligible entity for the purpose of--
       (1) establishing, strengthening, and operating a Native 
     American language resource center; and
       (2) staffing the center with individuals with relevant 
     expertise and experience, including staff who speak American 
     Indian and Alaska Native languages and the Native Hawaiian 
     language and have worked in language education in the 
     American Indian and Alaska Native languages and the Native 
     Hawaiian language in a preschool, elementary school, 
     secondary school, adult education, or higher education 
     program.
       (c) Authorized Activities.--The Native American language 
     resource center established under subsection (b) shall carry 
     out activities to--
       (1) improve the capacity to teach and learn Native American 
     languages;
       (2) further Native American language use and acquisition;
       (3) preserve, protect, and promote the rights and freedom 
     of Native Americans to use, practice, and develop Native 
     American languages in furtherance of--
       (A) the policies set forth in the Native American Languages 
     Act (25 U.S.C. 2901 et seq.); and
       (B) the United States trust responsibility to Native 
     American communities;
       (4) address the effects of past discrimination and ongoing 
     inequities experienced by Native American language speakers;
       (5) support the revitalization and reclamation of Native 
     American languages; and
       (6) support the use of Native American languages as a 
     medium of instruction for a wide variety of age levels, 
     academic content areas, and types of schools, including 
     Native American language medium education.
       (d) Additional Authorized Activities.--The Native American 
     language resource center established under subsection (b) may 
     also carry out activities--
       (1) to encourage and support the use of Native American 
     languages within educational systems in the same manner as 
     other world languages, including by encouraging State 
     educational agencies, local educational agencies, and 
     institutions of higher education to offer Native American 
     language courses the same full academic credit as courses in 
     other world languages;
       (2) to support the development, adoption, and use of 
     educational outcome metrics aligned with the Native American 
     language of instruction, including assessments, 
     qualifications, and processes based on promising practices in 
     Native American language medium education;
       (3) to provide assistance to Native American language 
     programs seeking Federal resources;
       (4) to encourage and support teacher preparation programs 
     that prepare teachers to teach Native American languages and 
     to use Native American languages as a medium of instruction, 
     including by disseminating promising practices and developing 
     pedagogical programming and through appropriate alternative 
     pathways to teacher certification;
       (5) to provide information and resources--
       (A) on promising practices in the use and revitalization of 
     Native American languages in Native American communities, 
     including use in educational institutions; and
       (B) for the use of technology in school and community-based 
     Native American language programs to support the retention, 
     use, and teaching of Native American languages;
       (6) to support the use of distance learning technologies 
     and training for parents, students, teachers, and learning 
     support staff associated with Native American language 
     programs, including--
       (A) the compilation and curation of digital libraries and 
     other online resources for Native American languages, except 
     that any materials collected by the center shall only be 
     materials provided by a Native American language program or 
     Native American community;

[[Page S5859]]

       (B) the development of distance learning curricula 
     appropriate for preschool, elementary school, secondary 
     school, adult education, and postsecondary education;
       (C) pedagogical training for Native American language 
     teachers; and
       (D) other efforts necessary to continue Native American 
     language acquisition through distance learning;
       (7) to provide technical assistance for Native American 
     communities and school systems to develop Native American 
     language medium education programs in preschool, elementary 
     school, secondary school, or adult education programs 
     conducted through the medium of Native American languages;
       (8) to support Native American language programs and Native 
     American communities in--
       (A) accessing international best practices, resources, and 
     research in indigenous language revitalization; and
       (B) gathering and sharing technical assistance, promising 
     practices, and experiences;
       (9) for the operation of intensive programs, including 
     summer institutes, to train Native American language 
     speakers, to provide professional development, and to improve 
     Native American language instruction through preservice and 
     in-service language training for teachers; and
       (10) that otherwise support the Native American language 
     resource center established under subsection (b) to carry out 
     the activities required in subsection (c).
       (e) Definitions.--In this section:
       (1) ESEA definitions.--The terms ``elementary school'', 
     ``local educational agency'', ``secondary school'', and 
     ``State educational agency'' have the meanings given the 
     terms in section 8101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (2) Eligible entity.--The term ``eligible entity'' means--
       (A) an institution of higher education;
       (B) an entity within an institution of higher education 
     with dedicated expertise in Native American language and 
     culture education; or
       (C) a consortium that includes 1 or more institutions of 
     higher education or 1 or more entities described in 
     subparagraph (B).
       (3) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       (4) Native american; native american language.--The terms 
     ``Native American'' and ``Native American language'' have the 
     meanings given those terms in section 103 of the Native 
     American Languages Act (25 U.S.C. 2902).
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section, $3,000,000 for 
     each fiscal year.

    TITLE LII--DURBIN FEELING NATIVE AMERICAN LANGUAGES ACT OF 2022

     SEC. 5201. SHORT TITLE.

       This title may be cited as the ``Durbin Feeling Native 
     American Languages Act of 2022''.

     SEC. 5202. ENSURING THE SURVIVAL AND CONTINUING VITALITY OF 
                   NATIVE AMERICAN LANGUAGES.

       (a) In General.--Section 106 of the Native American 
     Languages Act (25 U.S.C. 2905) is amended by adding at the 
     end the following:
       ``(c) Evaluation; Report.--Not later than 1 year after the 
     date of enactment of this subsection, the President shall--
       ``(1) require the heads of the various Federal departments, 
     agencies, and instrumentalities to carry out an evaluation 
     described in subsection (a)(1); and
       ``(2) submit to Congress a report that describes--
       ``(A) the results of the evaluations; and
       ``(B) the recommendations of the Secretary of the Interior, 
     the Secretary of Health and Human Services, and the Secretary 
     of Education, after consultation with Indian tribes, 
     traditional leaders, and representatives of Native American 
     language communities, for amendments to Federal laws that are 
     needed--
       ``(i) to bring the Federal laws into compliance with this 
     Act;
       ``(ii) to improve interagency coordination for purposes of 
     supporting revitalization, maintenance, and use of Native 
     American languages; and
       ``(iii) to reduce duplication, inefficiencies, and barriers 
     Native American language communities face in accessing 
     Federal programs to support efforts to revitalize, maintain, 
     or increase the use of Native American languages.''.
       (b) Survey on Native American Languages.--The Native 
     American Languages Act (25 U.S.C. 2901 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 108. SURVEY ON NATIVE AMERICAN LANGUAGES.

       ``(a) In General.--Not later than 18 months after the date 
     of enactment of this section, and every 5 years thereafter, 
     the Secretary of Health and Human Services, acting through 
     the Commissioner of the Administration for Native Americans 
     (referred to in this section as the `Secretary'), shall 
     undertake a survey of the use of all Native American 
     languages in the United States.
       ``(b) Updates.--Prior to conducting each subsequent survey 
     after the initial survey under subsection (a), the Secretary 
     shall update the survey in accordance with this section.
       ``(c) Consultation Required.--The Secretary shall design 
     the initial survey under subsection (a) and each updated 
     survey under subsection (b)--
       ``(1) in consultation with Indian tribes; and
       ``(2) after considering feedback received from Native 
     American language speakers and experts.
       ``(d) Contents.--Each survey under subsection (a) shall 
     solicit--
       ``(1) information on which Native American languages are 
     currently spoken;
       ``(2) estimates of the number of speakers of each Native 
     American language;
       ``(3) any language usage statistics or information that the 
     Secretary, in consultation with Indian tribes and Native 
     American language speakers and experts, determines to be 
     relevant and appropriate;
       ``(4) information on the types of Native American language 
     maintenance and revitalization projects and practices that 
     are currently being carried out;
       ``(5) information on any unmet Native American language 
     resource needs of Indian tribes and Native American language 
     communities; and
       ``(6) any other information that the Secretary, in 
     consultation with Indian tribes and Native American language 
     speakers and experts, determines to be necessary.
       ``(e) Coordination.--The Secretary may coordinate, and 
     enter into cooperative agreements with, the Director of the 
     Bureau of the Census for the purposes of carrying out this 
     section.
       ``(f) Outreach and Engagement.--
       ``(1) In general.--The Secretary shall carry out outreach 
     and engagement activities to provide Indian tribes, Native 
     language communities, and the public information about--
       ``(A) opportunities to provide input on the development and 
     design of each survey under subsection (a), including 
     information on the consultations required under subsection 
     (c);
       ``(B) the goals and purpose of the surveys conducted under 
     subsection (a); and
       ``(C) the benefits and importance of participation in 
     surveys under subsection (a).
       ``(2) Grants, contracts, and cooperative agreements 
     authorized.--The Secretary may carry out the outreach and 
     engagement activities required under paragraph (1)--
       ``(A) directly;
       ``(B) in partnership with the Bureau of the Census; or
       ``(C) through grants to, or contracts or cooperative 
     agreements with--
       ``(i) Indian tribes;
       ``(ii) tribal organizations; and
       ``(iii) nonprofit organizations that work with Indian 
     tribes, Native American language programs, and Native 
     American language communities.
       ``(g) Limitation.--Nothing in this section requires an 
     Indian tribe, Native American language community, or Native 
     American language speaker--
       ``(1) to participate in a survey under subsection (a); or
       ``(2) to provide specific or culturally sensitive 
     information in completing such a survey.
       ``(h) Availability of Survey Materials and Findings.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, and prior to conducting each 
     survey under subsection (a), the Secretary shall submit to 
     the Committee on Indian Affairs of the Senate and the 
     Committee on Natural Resources of the House of 
     Representatives, and make publicly available, a description 
     of--
       ``(A) the feedback received under subsection (c) on the 
     design of the survey;
       ``(B) the form and content of the survey;
       ``(C) the plan for deploying the survey to ensure a robust 
     response; and
       ``(D) how the Secretary will ensure any survey enumeration 
     efforts are culturally informed and appropriate.
       ``(2) Results.--Not later than 90 days after the date on 
     which analysis of each survey under subsection (a) is 
     completed, the Secretary shall submit to the Committee on 
     Indian Affairs of the Senate and the Committee on Natural 
     Resources of the House of Representatives, and make publicly 
     available, the results of the survey.
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,500,000 for 
     each fiscal year--
       ``(1) preceding a fiscal year during which a survey under 
     subsection (a) is conducted; and
       ``(2) during which a survey under that subsection is 
     conducted.''.

 TITLE LIII--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION 
                      REAUTHORIZATION ACT OF 2022

     SEC. 5301. SHORT TITLE.

       This title may be cited as the ``Native American Housing 
     Assistance and Self-Determination Reauthorization Act of 
     2022''.

     SEC. 5302. CONSOLIDATION OF ENVIRONMENTAL REVIEW 
                   REQUIREMENTS.

       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:
       ``(e) Consolidation of Environmental Review Requirements.--
       ``(1) In general.--In the case of a recipient of grant 
     amounts under this Act that is carrying out a project that 
     qualifies as an affordable housing activity under section 
     202, if the recipient is using 1 or more additional sources 
     of Federal funds to carry out the project, and the grant 
     amounts received under this Act constitute the largest single 
     source of Federal funds that the recipient reasonably expects 
     to commit to the project

[[Page S5860]]

     at the time of environmental review, the Indian tribe of the 
     recipient may assume, in addition to all of the 
     responsibilities for environmental review, decision making, 
     and action under subsection (a), all of the additional 
     responsibilities for environmental review, decision making, 
     and action under provisions of law that would apply to each 
     Federal agency providing additional funding were the Federal 
     agency to carry out the project as a Federal project.
       ``(2) Discharge.--The assumption by the Indian tribe of the 
     additional responsibilities for environmental review, 
     decision making, and action under paragraph (1) with respect 
     to a project shall be deemed to discharge the responsibility 
     of the applicable Federal agency for environmental review, 
     decision making, and action with respect to the project.
       ``(3) Certification.--An Indian tribe that assumes the 
     additional responsibilities under paragraph (1), shall 
     certify, in addition to the requirements under subsection 
     (c)--
       ``(A) the additional responsibilities that the Indian tribe 
     has fully carried out under this subsection; and
       ``(B) that the certifying officer consents to assume the 
     status of a responsible Federal official under the provisions 
     of law that would apply to each Federal agency providing 
     additional funding under paragraph (1).
       ``(4) Liability.--
       ``(A) In general.--An Indian tribe that completes an 
     environmental review under this subsection shall assume sole 
     liability for the content and quality of the review.
       ``(B) Remedies and sanctions.--Except as provided in 
     subparagraph (C), if the Secretary approves a certification 
     and release of funds to an Indian tribe for a project in 
     accordance with subsection (b), but the Secretary or the head 
     of another Federal agency providing funding for the project 
     subsequently learns that the Indian tribe failed to carry out 
     the responsibilities of the Indian tribe as described in 
     subsection (a) or paragraph (1), as applicable, the Secretary 
     or other head, as applicable, may impose appropriate remedies 
     and sanctions in accordance with--
       ``(i) the regulations issued pursuant to section 106; or
       ``(ii) such regulations as are issued by the other head.
       ``(C) Statutory violation waivers.--If the Secretary waives 
     the requirements under this section in accordance with 
     subsection (d) with respect to a project for which an Indian 
     tribe assumes additional responsibilities under paragraph 
     (1), the waiver shall prohibit any other Federal agency 
     providing additional funding for the project from imposing 
     remedies or sanctions for failure to comply with requirements 
     for environmental review, decision making, and action under 
     provisions of law that would apply to the Federal agency.''.

     SEC. 5303. AUTHORIZATION OF APPROPRIATIONS.

       Section 108 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4117) is amended, 
     in the first sentence, by striking ``2009 through 2013'' and 
     inserting ``2023 through 2033''.

     SEC. 5304. STUDENT HOUSING ASSISTANCE.

       Section 202(3) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4132(3)) is 
     amended by inserting ``including education-related stipends, 
     college housing assistance, and other education-related 
     assistance for low-income college students,'' after ``self-
     sufficiency and other services,''.

     SEC. 5305. APPLICATION OF RENT RULE ONLY TO UNITS OWNED OR 
                   OPERATED BY INDIAN TRIBE OR TRIBALLY DESIGNATED 
                   HOUSING ENTITY.

       Section 203(a)(2) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is 
     amended by inserting ``owned or operated by a recipient and'' 
     after ``residing in a dwelling unit''.

     SEC. 5306. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND 
                   SERVICES.

       Section 203(g) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4133(g)) is 
     amended by striking ``$5,000'' and inserting ``$10,000''.

     SEC. 5307. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME 
                   REQUIREMENT AND INCOME TARGETING.

       Section 205 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4135) is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (C), by striking ``and'' at the end; 
     and
       (B) by adding at the end the following:
       ``(E) notwithstanding any other provision of this 
     paragraph, in the case of rental housing that is made 
     available to a current rental family for conversion to a 
     homebuyer or a lease-purchase unit, that the current rental 
     family can purchase through a contract of sale, lease-
     purchase agreement, or any other sales agreement, is made 
     available for purchase only by the current rental family, if 
     the rental family was a low-income family at the time of 
     their initial occupancy of such unit; and''; and
       (2) in subsection (c)--
       (A) by striking ``The provisions'' and inserting the 
     following:
       ``(1) In general.--The provisions''; and
       (B) by adding at the end the following:
       ``(2) Applicability to improvements.--The provisions of 
     subsection (a)(2) regarding binding commitments for the 
     remaining useful life of property shall not apply to 
     improvements of privately owned homes if the cost of the 
     improvements do not exceed 10 percent of the maximum total 
     development cost for the home.''.

     SEC. 5308. LEASE REQUIREMENTS AND TENANT SELECTION.

       Section 207 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4137) is amended by 
     adding at the end the following:
       ``(c) Notice of Termination.--The notice period described 
     in subsection (a)(3) shall apply to projects and programs 
     funded in part by amounts authorized under this Act.''.

     SEC. 5309. INDIAN HEALTH SERVICE.

       (a) In General.--Subtitle A of title II of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4131 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.

       ``Notwithstanding any other provision of law, the Director 
     of the Indian Health Service, or a recipient receiving 
     funding for a housing construction or renovation project 
     under this title, may use funding from the Indian Health 
     Service for the construction of sanitation facilities under 
     that project.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Native American Housing Assistance and Self-
     Determination Act of 1996 (Public Law 104-330; 110 Stat. 
     4016) is amended by inserting after the item relating to 
     section 210 the following:

``Sec. 211. IHS sanitation facilities construction.''.

     SEC. 5310. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN 
                   EMERGENCIES.

       Section 401(a)(4) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is 
     amended--
       (1) in subparagraph (A), by striking ``may take an action 
     described in paragraph (1)(C)'' and inserting ``may 
     immediately take an action described in paragraph (1)(C)''; 
     and
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Procedural requirements.--
       ``(i) In general.--If the Secretary takes an action 
     described in subparagraph (A), the Secretary shall provide 
     notice to the recipient at the time that the Secretary takes 
     that action.
       ``(ii) Notice requirements.--The notice under clause (i) 
     shall inform the recipient that the recipient may request a 
     hearing by not later than 30 days after the date on which the 
     Secretary provides the notice.
       ``(iii) Hearing requirements.--A hearing requested under 
     clause (ii) shall be conducted--

       ``(I) in accordance with subpart A of part 26 of title 24, 
     Code of Federal Regulations (or successor regulations); and
       ``(II) to the maximum extent practicable, on an expedited 
     basis.

       ``(iv) Failure to conduct a hearing.--If a hearing 
     requested under clause (ii) is not completed by the date that 
     is 180 days after the date on which the recipient requests 
     the hearing, the action of the Secretary to limit the 
     availability of payments shall no longer be effective.''.

     SEC. 5311. REPORTS TO CONGRESS.

       Section 407 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4167) is amended--
       (1) in subsection (a), by striking ``Congress'' and 
     inserting ``Committee on Indian Affairs and the Committee on 
     Banking, Housing and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives''; and
       (2) by adding at the end the following:
       ``(c) Public Availability.--The report described in 
     subsection (a) shall be made publicly available, including to 
     recipients.''.

     SEC. 5312. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED 
                   LANDS FOR HOUSING PURPOSES.

       Section 702 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4211) is amended--
       (1) in the section heading, by striking ``50-year'' and 
     inserting ``99-year'';
       (2) in subsection (b), by striking ``50 years'' and 
     inserting ``99 years''; and
       (3) in subsection (c)(2), by striking ``50 years'' and 
     inserting ``99 years''.

     SEC. 5313. AMENDMENTS FOR BLOCK GRANTS FOR AFFORDABLE HOUSING 
                   ACTIVITIES.

       Section 802(e) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4222(e)) is 
     amended by--
       (1) by striking ``The Director'' and inserting the 
     following:
       ``(1) In general.--The Director''; and
       (2) by adding at the end the following:
       ``(2) Subawards.--Notwithstanding any other provision of 
     law, including provisions of State law requiring competitive 
     procurement, the Director may make subawards to 
     subrecipients, except for for-profit entities, using amounts 
     provided under this title to carry out affordable housing 
     activities upon a determination by the Director that such 
     subrecipients have adequate capacity to carry out activities 
     in accordance with this Act.''.

     SEC. 5314. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP 
                   PROVISIONS.

       Section 824 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by 
     striking ``such sums as may be necessary'' and all that 
     follows through the period at the end

[[Page S5861]]

     and inserting ``such sums as may be necessary for each of 
     fiscal years 2023 through 2033.''.

     SEC. 5315. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.

       Affordable housing (as defined in section 4 of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4103)) that is developed, acquired, or 
     assisted under the block grant program established under 
     section 101 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4111) shall not 
     exceed by more than 20 percent, without prior approval of the 
     Secretary of Housing and Urban Development, the total 
     development cost maximum cost for all housing assisted under 
     an affordable housing activity, including development and 
     model activities.

     SEC. 5316. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS AND 
                   SPECIAL ACTIVITIES BY INDIAN TRIBES.

       Section 105 of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5305) is amended by adding at the end the 
     following:
       ``(i) Indian Tribes and Tribally Designated Housing 
     Entities as Community-based Development Organizations.--
       ``(1) Definition.--In this subsection, the term `tribally 
     designated housing entity' has the meaning given the term in 
     section 4 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4103).
       ``(2) Qualification.--An Indian tribe, a tribally 
     designated housing entity, or a tribal organization shall 
     qualify as a community-based development organization for 
     purposes of carrying out new housing construction under this 
     subsection under a grant made under section 106(a)(1).
       ``(j) Special Activities by Indian Tribes.--An Indian tribe 
     receiving a grant under paragraph (1) of section 106(a)(1) 
     shall be authorized to directly carry out activities 
     described in paragraph (15) of such section 106(a)(1).''.

     SEC. 5317. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING 
                   COUNSELING GRANTS.

       Section 106(a)(4) of the Housing and Urban Development Act 
     of 1968 (12 U.S.C. 1701x(a)(4)) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``and'' and inserting a comma; and
       (B) by inserting before the period at the end the 
     following: ``, Indian tribes, and tribally designated housing 
     entities'';
       (2) in subparagraph (B), by inserting ``, Indian tribes, 
     and tribally designated housing entities'' after 
     ``organizations)'';
       (3) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (4) by inserting after subparagraph (E) the following:
       ``(F) Definitions.--In this paragraph, the terms `Indian 
     tribe' and `tribally designated housing entity' have the 
     meanings given those terms in section 4 of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4103).''.

     SEC. 5318. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.

       (a) In General.--Section 184 of the Housing and Community 
     Development Act of 1992 (12 U.S.C. 1715z-13a) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Authority.--To provide access to sources of private 
     financing to Indian families, Indian housing authorities, and 
     Indian Tribes, who otherwise could not acquire housing 
     financing because of the unique legal status of Indian lands 
     and the unique nature of tribal economies, and to expand 
     homeownership opportunities to Indian families, Indian 
     housing authorities and Indian tribes on fee simple lands, 
     the Secretary may guarantee not to exceed 100 percent of the 
     unpaid principal and interest due on any loan eligible under 
     subsection (b) made to an Indian family, Indian housing 
     authority, or Indian Tribe on trust land and fee simple 
     land.''; and
       (2) in subsection (b)--
       (A) by amending paragraph (2) to read as follows:
       ``(2) Eligible housing.--The loan shall be used to 
     construct, acquire, refinance, or rehabilitate 1- to 4-family 
     dwellings that are standard housing.'';
       (B) in paragraph (4)--
       (i) by redesignating subparagraphs (A) through (D) as 
     clauses (i) through (iv), respectively, and adjusting the 
     margins accordingly;
       (ii) by striking ``The loan'' and inserting the following:
       ``(A) In general.--The loan'';
       (iii) in subparagraph (A), as so designated, by adding at 
     the end the following:
       ``(v) Any entity certified as a community development 
     financial institution by the Community Development Financial 
     Institutions Fund established under section 104(a) of the 
     Riegle Community Development and Regulatory Improvement Act 
     of 1994 (12 U.S.C. 4703(a)).''; and
       (iv) by adding at the end the following:
       ``(B) Direct guarantee process.--
       ``(i) Authorization.--The Secretary may authorize 
     qualifying lenders to participate in a direct guarantee 
     process for approving loans under this section.
       ``(ii) Indemnification.--

       ``(I) In general.--If the Secretary determines that a 
     mortgage guaranteed through a direct guarantee process under 
     this subparagraph was not originated in accordance with the 
     requirements established by the Secretary, the Secretary may 
     require the lender approved under this subparagraph to 
     indemnify the Secretary for the loss, irrespective of whether 
     the violation caused the mortgage default.
       ``(II) Fraud or misrepresentation.--If fraud or 
     misrepresentation is involved in a direct guarantee process 
     under this subparagraph, the Secretary shall require the 
     original lender approved under this subparagraph to indemnify 
     the Secretary for the loss regardless of when an insurance 
     claim is paid.

       ``(C) Review of mortgagees.--
       ``(i) In general.--The Secretary may periodically review 
     the mortgagees originating, underwriting, or servicing single 
     family mortgage loans under this section.
       ``(ii) Requirements.--In conducting a review under clause 
     (i), the Secretary--

       ``(I) shall compare the mortgagee with other mortgagees 
     originating or underwriting loan guarantees for Indian 
     housing based on the rates of defaults and claims for 
     guaranteed mortgage loans originated, underwritten, or 
     serviced by that mortgagee;
       ``(II) may compare the mortgagee with such other mortgagees 
     based on underwriting quality, geographic area served, or any 
     commonly used factors the Secretary determines necessary for 
     comparing mortgage default risk, provided that the comparison 
     is of factors that the Secretary would expect to affect the 
     default risk of mortgage loans guaranteed by the Secretary;

       ``(iii) shall implement such comparisons by regulation, 
     notice, or mortgagee letter; and

       ``(I) may terminate the approval of a mortgagee to 
     originate, underwrite, or service loan guarantees for housing 
     under this section if the Secretary determines that the 
     mortgage loans originated, underwritten, or serviced by the 
     mortgagee present an unacceptable risk to the Indian Housing 
     Loan Guarantee Fund established under subsection (i)--

       ``(aa) based on a comparison of any of the factors set 
     forth in this subparagraph; or
       ``(bb) by a determination that the mortgagee engaged in 
     fraud or misrepresentation.''; and
       (C) in paragraph (5)(A), by inserting before the semicolon 
     at the end the following: ``except, as determined by the 
     Secretary, when there is a loan modification under subsection 
     (h)(1)(B), the term of the loan shall not exceed 40 years''.
       (b) Loan Guarantees for Indian Housing.--Section 184(i)(5) 
     of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13a(i)(5)) is amended--
       (1) in subparagraph (B), by inserting after the first 
     sentence the following: ``There are authorized to be 
     appropriated for those costs such sums as may be necessary 
     for each of fiscal years 2023 through 2033.''; and
       (2) in subparagraph (C), by striking ``2008 through 2012'' 
     and inserting ``2023 through 2033''.

     SEC. 5319. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.

       Section 184A of the Housing and Community Development Act 
     of 1992 (12 U.S.C. 1715z-13b) is amended--
       (1) in subsection (b), by inserting ``, and to expand 
     homeownership opportunities to Native Hawaiian families who 
     are eligible to receive a homestead under the Hawaiian Homes 
     Commission Act, 1920 (42 Stat. 108) on fee simple lands in 
     the State of Hawaii'' after ``markets'';
       (2) in subsection (c)--
       (A) by amending paragraph (2) to read as follows:
       ``(2) Eligible housing.--The loan shall be used to 
     construct, acquire, refinance, or rehabilitate 1- to 4-family 
     dwellings that are standard housing.'';
       (B) in paragraph (4)(B)--
       (i) by redesignating clause (iv) as clause (v); and
       (ii) by adding after clause (iii) the following:
       ``(iv) Any entity certified as a community development 
     financial institution by the Community Development Financial 
     Institutions Fund established under section 104(a) of the 
     Riegle Community Development and Regulatory Improvement Act 
     of 1994 (12 U.S.C. 4703(a)).''; and
       (C) in paragraph (5)(A), by inserting before the semicolon 
     at the end the following: ``except, as determined by the 
     Secretary, when there is a loan modification under subsection 
     (i)(1)(B), the term of the loan shall not exceed 40 years''; 
     and
       (3) in subsection (j)(5)(B), by inserting after the first 
     sentence the following: ``There are authorized to be 
     appropriated for those costs such sums as may be necessary 
     for each of fiscal years 2023 through 2033.''.

     SEC. 5320. DRUG ELIMINATION PROGRAM.

       (a) Definitions.--In this section:
       (1) Controlled substance.--The term ``controlled 
     substance'' has the meaning given the term in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802).
       (2) Drug-related crime.--The term ``drug-related crime'' 
     means the illegal manufacture, sale, distribution, use, or 
     possession with intent to manufacture, sell, distribute, or 
     use a controlled substance.
       (3) Recipient.--The term ``recipient''--
       (A) has the meaning given the term in section 4 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4103); and
       (B) includes a recipient of funds under title VIII of that 
     Act (25 U.S.C. 4221 et seq.).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (b) Establishment.--The Secretary may make grants under 
     this section to recipients

[[Page S5862]]

     of assistance under the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) 
     for use in eliminating drug-related and violent crime.
       (c) Eligible Activities.--Grants under this section may be 
     used for--
       (1) the employment of security personnel;
       (2) reimbursement of State, local, Tribal, or Bureau of 
     Indian Affairs law enforcement agencies for additional 
     security and protective services;
       (3) physical improvements which are specifically designed 
     to enhance security;
       (4) the employment of 1 or more individuals--
       (A) to investigate drug-related or violent crime in and 
     around the real property comprising housing assisted under 
     the Native American Housing Assistance and Self-Determination 
     Act of 1996 (25 U.S.C. 4101 et seq.); and
       (B) to provide evidence relating to such crime in any 
     administrative or judicial proceeding;
       (5) the provision of training, communications equipment, 
     and other related equipment for use by voluntary tenant 
     patrols acting in cooperation with law enforcement officials;
       (6) programs designed to reduce use of drugs in and around 
     housing communities funded under the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 
     et seq.), including drug-abuse prevention, intervention, 
     referral, and treatment programs;
       (7) providing funding to nonprofit resident management 
     corporations and resident councils to develop security and 
     drug abuse prevention programs involving site residents;
       (8) sports programs and sports activities that serve 
     primarily youths from housing communities funded through and 
     are operated in conjunction with, or in furtherance of, an 
     organized program or plan designed to reduce or eliminate 
     drugs and drug-related problems in and around those 
     communities; and
       (9) other programs for youth in school settings that 
     address drug prevention and positive alternatives for youth, 
     including education and activities related to science, 
     technology, engineering, and math.
       (d) Applications.--
       (1) In general.--To receive a grant under this section, an 
     eligible applicant shall submit an application to the 
     Secretary, at such time, in such manner, and accompanied by--
       (A) a plan for addressing the problem of drug-related or 
     violent crime in and around of the housing administered or 
     owned by the applicant for which the application is being 
     submitted; and
       (B) such additional information as the Secretary may 
     reasonably require.
       (2) Criteria.--The Secretary shall approve applications 
     submitted under paragraph (1) on the basis of thresholds or 
     criteria such as--
       (A) the extent of the drug-related or violent crime problem 
     in and around the housing or projects proposed for 
     assistance;
       (B) the quality of the plan to address the crime problem in 
     the housing or projects proposed for assistance, including 
     the extent to which the plan includes initiatives that can be 
     sustained over a period of several years;
       (C) the capability of the applicant to carry out the plan; 
     and
       (D) the extent to which tenants, the Tribal government, and 
     the Tribal community support and participate in the design 
     and implementation of the activities proposed to be funded 
     under the application.
       (e) High Intensity Drug Trafficking Areas.--In evaluating 
     the extent of the drug-related crime problem pursuant to 
     subsection (d)(2), the Secretary may consider whether housing 
     or projects proposed for assistance are located in a high 
     intensity drug trafficking area designated pursuant to 
     section 707(b) of the Office of National Drug Control Policy 
     Reauthorization Act of 1998 (21 U.S.C. 1706(b)).
       (f) Reports.--
       (1) Grantee reports.--The Secretary shall require grantees 
     under this section to provide periodic reports that include 
     the obligation and expenditure of grant funds, the progress 
     made by the grantee in implementing the plan described in 
     subsection (d)(1)(A), and any change in the incidence of 
     drug-related crime in projects assisted under this section.
       (2) HUD reports.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the system used to distribute funding to 
     grantees under this section, which shall include descriptions 
     of--
       (A) the methodology used to distribute amounts made 
     available under this section; and
       (B) actions taken by the Secretary to ensure that amounts 
     made available under this section are not used to fund 
     baseline local government services, as described in 
     subsection (h)(2).
       (g) Notice of Funding Awards.--The Secretary shall publish 
     on the website of the Department a notice of all grant awards 
     made pursuant to this section, which shall identify the 
     grantees and the amount of the grants.
       (h) Monitoring.--
       (1) In general.--The Secretary shall audit and monitor the 
     program funded under this subsection to ensure that 
     assistance provided under this subsection is administered in 
     accordance with the provisions of this section.
       (2) Prohibition of funding baseline services.--
       (A) In general.--Amounts provided under this section may 
     not be used to reimburse or support any local law enforcement 
     agency or unit of general local government for the provision 
     of services that are included in the baseline of services 
     required to be provided by any such entity pursuant to a 
     local cooperative agreement pursuant under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5301 et 
     seq.) or any provision of an annual contributions contract 
     for payments in lieu of taxation with the Bureau of Indian 
     Affairs.
       (B) Description.--Each grantee under this section shall 
     describe, in the report under subsection (f)(1), such 
     baseline of services for the unit of Tribal government in 
     which the jurisdiction of the grantee is located.
       (3) Enforcement.--The Secretary shall provide for the 
     effective enforcement of this section, as specified in the 
     program requirements published in a notice by the Secretary, 
     which may include--
       (A) the use of on-site monitoring, independent public audit 
     requirements, certification by Tribal or Federal law 
     enforcement or Tribal government officials regarding the 
     performance of baseline services referred to in paragraph 
     (2);
       (B) entering into agreements with the Attorney General to 
     achieve compliance, and verification of compliance, with the 
     provisions of this section; and
       (C) adopting enforcement authority that is substantially 
     similar to the authority provided to the Secretary under the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4101 et seq.)
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each 
     fiscal years 2023 through 2033 to carry out this section.

     SEC. 5321. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN 
                   VETERANS.

       Section 8(o)(19) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the 
     following:
       ``(E) Indian veterans housing rental assistance program.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Eligible indian veteran.--The term `eligible Indian 
     veteran' means an Indian veteran who is--

       ``(aa) homeless or at risk of homelessness; and
       ``(bb) living--
       ``(AA) on or near a reservation; or
       ``(BB) in or near any other Indian area.

       ``(II) Eligible recipient.--The term `eligible recipient' 
     means a recipient eligible to receive a grant under section 
     101 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4111).
       ``(III) Indian; indian area.--The terms `Indian' and 
     `Indian area' have the meanings given those terms in section 
     4 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4103).
       ``(IV) Indian veteran.--The term `Indian veteran' means an 
     Indian who is a veteran.
       ``(V) Program.--The term `Program' means the Tribal HUD-
     VASH program carried out under clause (ii).
       ``(VI) Tribal organization.--The term `tribal organization' 
     has the meaning given the term in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304).

       ``(ii) Program specifications.--The Secretary shall use not 
     less than 5 percent of the amounts made available for rental 
     assistance under this paragraph to carry out a rental 
     assistance and supported housing program, to be known as the 
     `Tribal HUD-VASH program', in conjunction with the Secretary 
     of Veterans Affairs, by awarding grants for the benefit of 
     eligible Indian veterans.
       ``(iii) Model.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Secretary shall model the Program on the rental 
     assistance and supported housing program authorized under 
     subparagraph (A) and applicable appropriations Acts, 
     including administration in conjunction with the Secretary of 
     Veterans Affairs.
       ``(II) Exceptions.--

       ``(aa) Secretary of housing and urban development.--After 
     consultation with Indian tribes, eligible recipients, and any 
     other appropriate tribal organizations, the Secretary may 
     make necessary and appropriate modifications to facilitate 
     the use of the Program by eligible recipients to serve 
     eligible Indian veterans.
       ``(bb) Secretary of veterans affairs.--After consultation 
     with Indian tribes, eligible recipients, and any other 
     appropriate tribal organizations, the Secretary of Veterans 
     Affairs may make necessary and appropriate modifications to 
     facilitate the use of the Program by eligible recipients to 
     serve eligible Indian veterans.
       ``(iv) Eligible recipients.--The Secretary shall make 
     amounts for rental assistance and associated administrative 
     costs under the Program available in the form of grants to 
     eligible recipients.
       ``(v) Funding criteria.--The Secretary shall award grants 
     under the Program based on--

       ``(I) need;
       ``(II) administrative capacity; and
       ``(III) any other funding criteria established by the 
     Secretary in a notice published in the Federal Register after 
     consulting with the Secretary of Veterans Affairs.

[[Page S5863]]

       ``(vi) Administration.--Grants awarded under the Program 
     shall be administered in accordance with the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4101 et seq.), except that recipients shall--

       ``(I) submit to the Secretary, in a manner prescribed by 
     the Secretary, reports on the utilization of rental 
     assistance provided under the Program; and
       ``(II) provide to the Secretary information specified by 
     the Secretary to assess the effectiveness of the Program in 
     serving eligible Indian veterans.

       ``(vii) Consultation.--

       ``(I) Grant recipients; tribal organizations.--The 
     Secretary, in coordination with the Secretary of Veterans 
     Affairs, shall consult with eligible recipients and any other 
     appropriate tribal organization on the design of the Program 
     to ensure the effective delivery of rental assistance and 
     supportive services to eligible Indian veterans under the 
     Program.
       ``(II) Indian health service.--The Director of the Indian 
     Health Service shall provide any assistance requested by the 
     Secretary or the Secretary of Veterans Affairs in carrying 
     out the Program.

       ``(viii) Waiver.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Secretary may waive or specify alternative requirements 
     for any provision of law (including regulations) that the 
     Secretary administers in connection with the use of rental 
     assistance made available under the Program if the Secretary 
     finds that the waiver or alternative requirement is necessary 
     for the effective delivery and administration of rental 
     assistance under the Program to eligible Indian veterans.
       ``(II) Exception.--The Secretary may not waive or specify 
     alternative requirements under subclause (I) for any 
     provision of law (including regulations) relating to labor 
     standards or the environment.

       ``(ix) Renewal grants.--The Secretary may--

       ``(I) set aside, from amounts made available for tenant-
     based rental assistance under this subsection and without 
     regard to the amounts used for new grants under clause (ii), 
     such amounts as may be necessary to award renewal grants to 
     eligible recipients that received a grant under the Program 
     in a previous year; and
       ``(II) specify criteria that an eligible recipient must 
     satisfy to receive a renewal grant under subclause (I), 
     including providing data on how the eligible recipient used 
     the amounts of any grant previously received under the 
     Program.

       ``(x) Reporting.--

       ``(I) In general.--Not later than 1 year after the date of 
     enactment of this subparagraph, and every 5 years thereafter, 
     the Secretary, in coordination with the Secretary of Veterans 
     Affairs and the Director of the Indian Health Service, 
     shall--

       ``(aa) conduct a review of the implementation of the 
     Program, including any factors that may have limited its 
     success; and
       ``(bb) submit a report describing the results of the review 
     under item (aa) to--
       ``(AA) the Committee on Indian Affairs, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on 
     Veterans' Affairs, and the Committee on Appropriations of the 
     Senate; and
       ``(BB) the Subcommittee on Indian, Insular and Alaska 
     Native Affairs of the Committee on Natural Resources, the 
     Committee on Financial Services, the Committee on Veterans' 
     Affairs, and the Committee on Appropriations of the House of 
     Representatives.

       ``(II) Analysis of housing stock limitation.--The Secretary 
     shall include in the initial report submitted under subclause 
     (I) a description of--

       ``(aa) any regulations governing the use of formula current 
     assisted stock (as defined in section 1000.314 of title 24, 
     Code of Federal Regulations (or any successor regulation)) 
     within the Program;
       ``(bb) the number of recipients of grants under the Program 
     that have reported the regulations described in item (aa) as 
     a barrier to implementation of the Program; and
       ``(cc) proposed alternative legislation or regulations 
     developed by the Secretary in consultation with recipients of 
     grants under the Program to allow the use of formula current 
     assisted stock within the Program.''.

     SEC. 5322. CONTINUUM OF CARE.

       (a) Definitions.--In this section--
       (1) the terms ``collaborative applicant'' and ``eligible 
     entity'' have the meanings given those terms in section 401 
     of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11360); and
       (2) the terms ``Indian tribe'' and ``tribally designated 
     housing entity'' have the meanings given those terms in 
     section 4 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4103).
       (b) Nonapplication of Civil Rights Laws.--With respect to 
     the funds made available for the Continuum of Care program 
     authorized under subtitle C of title IV of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11381 et seq.) under the 
     heading ``Homeless Assistance Grants'' in the Department of 
     Housing and Urban Development Appropriations Act, 2021 
     (Public Law 116-260) and under section 231 of the Department 
     of Housing and Urban Development Appropriations Act, 2020 (42 
     U.S.C. 11364a), title VI of the Civil Rights Act of 1964 (42 
     U.S.C. 2000d et seq.) and title VIII of the Civil Rights Act 
     of 1968 (42 U.S.C. 3601 et seq.) shall not apply to 
     applications by or awards for projects to be carried out--
       (1) on or off reservation or trust lands for awards made to 
     Indian tribes or tribally designated housing entities; or
       (2) on reservation or trust lands for awards made to 
     eligible entities.
       (c) Certification.--With respect to funds made available 
     for the Continuum of Care program authorized under subtitle C 
     of title IV of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11381 et seq.) under the heading ``Homeless Assistance 
     Grants'' under section 231 of the Department of Housing and 
     Urban Development Appropriations Act, 2020 (42 U.S.C. 
     11364a)--
       (1) applications for projects to be carried out on 
     reservations or trust land shall contain a certification of 
     consistency with an approved Indian housing plan developed 
     under section 102 of the Native American Housing Assistance 
     and Self-Determination Act (25 U.S.C. 4112), notwithstanding 
     section 106 of the Cranston-Gonzalez National Affordable 
     Housing Act (42 U.S.C. 12706) and section 403 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361);
       (2) Indian tribes and tribally designated housing entities 
     that are recipients of awards for projects on reservations or 
     trust land shall certify that they are following an approved 
     housing plan developed under section102 of the Native 
     American Housing Assistance and Self-Determination Act (25 
     U.S.C. 4112); and
       (3) a collaborative applicant for a Continuum of Care whose 
     geographic area includes only reservation and trust land is 
     not required to meet the requirement in section 402(f)(2) of 
     the McKinney- Vento Homeless Assistance Act (42 U.S.C. 
     11360a(f)(2)).

     SEC. 5323. LEVERAGING.

       All funds provided under a grant made pursuant to this 
     title or the amendments made by this title may be used for 
     purposes of meeting matching or cost participation 
     requirements under any other Federal or non-Federal program, 
     provided that such grants made pursuant to the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4101 et seq.) are spent in accordance with 
     that Act.

 TITLE LIV--TECHNICAL CORRECTION TO THE SHOSHONE-PAIUTE TRIBES OF THE 
      DUCK VALLEY RESERVATION WATER RIGHTS SETTLEMENT ACT OF 2022

     SEC. 5401. SHORT TITLE.

       This title may be cited as the ``Technical Correction to 
     the Shoshone-Paiute Tribes of the Duck Valley Reservation 
     Water Rights Settlement Act of 2022''.

     SEC. 5402. AUTHORIZATION OF PAYMENT OF ADJUSTED INTEREST ON 
                   DEVELOPMENT FUND.

       Section 10807(b)(3) of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111-11; 123 Stat. 1409) is amended--
       (1) by striking ``There is'' and inserting the following:
       ``(A) In general.--There is''; and
       (2) by adding at the end the following:
       ``(B) Adjusted interest payments.--There is authorized to 
     be appropriated to the Secretary for deposit into the 
     Development Fund $5,124,902.12.''.

         TITLE LV--TRIBAL TRUST LAND HOMEOWNERSHIP ACT OF 2022

     SEC. 5501. SHORT TITLE.

       This title may be cited as the ``Tribal Trust Land 
     Homeownership Act of 2022''.

     SEC. 5502. DEFINITIONS.

       In this title:
       (1) Applicable bureau office.--The term ``applicable Bureau 
     office'' means--
       (A) a Regional office of the Bureau;
       (B) an Agency office of the Bureau; or
       (C) a Land Titles and Records Office of the Bureau.
       (2) Bureau.--The term ``Bureau'' means the Bureau of Indian 
     Affairs.
       (3) Director.--The term ``Director'' means the Director of 
     the Bureau.
       (4) First certified title status report.--The term ``first 
     certified title status report'' means the title status report 
     needed to verify title status on Indian land.
       (5) Indian land.--The term ``Indian land'' has the meaning 
     given the term in section 162.003 of title 25, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     this Act).
       (6) Land mortgage.--The term ``land mortgage'' means a 
     mortgage obtained by an individual Indian who owns a tract of 
     trust land for the purpose of--
       (A) home acquisition;
       (B) home construction;
       (C) home improvements; or
       (D) economic development.
       (7) Leasehold mortgage.--The term ``leasehold mortgage'' 
     means a mortgage, deed of trust, or other instrument that 
     pledges the leasehold interest of a lessee as security for a 
     debt or other obligation owed by the lessee to a lender or 
     other mortgagee.
       (8) Mortgage package.--The term ``mortgage package'' means 
     a proposed residential leasehold mortgage, business leasehold 
     mortgage, land mortgage, or right-of-way document submitted 
     to an applicable Bureau office under section 5503(a)(1).
       (9) Relevant federal agency.--The term ``relevant Federal 
     agency'' means any of the following Federal agencies that 
     guarantee or make direct mortgage loans on Indian land:
       (A) The Department of Agriculture.
       (B) The Department of Housing and Urban Development.
       (C) The Department of Veterans Affairs.
       (10) Right-of-way document.--The term ``right-of-way 
     document'' has the meaning

[[Page S5864]]

     given the term in section 169.2 of title 25, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act).
       (11) Subsequent certified title status report.--The term 
     ``subsequent certified title status report'' means the title 
     status report needed to identify any liens against a 
     residential, business, or land lease on Indian land.

     SEC. 5503. MORTGAGE REVIEW AND PROCESSING.

       (a) Review and Processing Deadlines.--
       (1) In general.--As soon as practicable after receiving a 
     proposed residential leasehold mortgage, business leasehold 
     mortgage, land mortgage, or right-of-way document, the 
     applicable Bureau office shall notify the lender that the 
     proposed residential leasehold mortgage, business leasehold 
     mortgage, or right-of-way document has been received.
       (2) Preliminary review.--
       (A) In general.--Not later than 10 calendar days after 
     receipt of a proposed residential leasehold mortgage, 
     business leasehold mortgage, land mortgage, or right-of-way 
     document, the applicable Bureau office shall conduct and 
     complete a preliminary review of the residential leasehold 
     mortgage, business leasehold mortgage, land mortgage, or 
     right-of-way document to verify that all required documents 
     are included.
       (B) Incomplete documents.--As soon as practicable, but not 
     more than 2 calendar days, after finding that any required 
     documents are missing under subparagraph (A), the applicable 
     Bureau office shall notify the lender of the missing 
     documents.
       (3) Approval or disapproval.--
       (A) Leasehold mortgages.--Not later than 20 calendar days 
     after receipt of a complete executed residential leasehold 
     mortgage or business leasehold mortgage, proof of required 
     consents, and other required documentation, the applicable 
     Bureau office shall approve or disapprove the residential 
     leasehold mortgage or business leasehold mortgage.
       (B) Right-of-way documents.--Not later than 30 calendar 
     days after receipt of a complete executed right-of-way 
     document, proof of required consents, and other required 
     documentation, the applicable Bureau office shall approve or 
     disapprove the right-of-way document.
       (C) Land mortgages.--Not later than 30 calendar days after 
     receipt of a complete executed land mortgage, proof of 
     required consents, and other required documentation, the 
     applicable Bureau office shall approve or disapprove the land 
     mortgage.
       (D) Requirements.--The determination of whether to approve 
     or disapprove a residential leasehold mortgage or business 
     leasehold mortgage under subparagraph (A), a right-of-way 
     document under subparagraph (B), or a land mortgage under 
     subparagraph (C)--
       (i) shall be in writing; and
       (ii) in the case of a determination to disapprove a 
     residential leasehold mortgage, business leasehold mortgage, 
     right-of-way document, or land mortgage shall, state the 
     basis for the determination.
       (E) Application.--This paragraph shall not apply to a 
     residential leasehold mortgage or business leasehold mortgage 
     with respect to Indian land in cases in which the applicant 
     for the residential leasehold mortgage or business leasehold 
     mortgage is an Indian tribe (as defined in subsection (d) of 
     the first section of the Act of August 9, 1955 (69 Stat. 539, 
     chapter 615; 126 Stat. 1150; 25 U.S.C. 415(d))) that has been 
     approved for leasing under subsection (h) of that section (69 
     Stat. 539, chapter 615; 126 Stat. 1151; 25 U.S.C. 415(h)).
       (4) Certified title status reports.--
       (A) Completion of reports.--
       (i) In general.--Not later than 10 calendar days after the 
     applicable Bureau office approves a residential leasehold 
     mortgage, business leasehold mortgage, land mortgage, or 
     right-of-way document under paragraph (3), the applicable 
     Bureau office shall complete the processing of, as 
     applicable--

       (I) a first certified title status report, if a first 
     certified title status report was not completed prior to the 
     approval of the residential leasehold mortgage, business 
     leasehold mortgage, land mortgage, or right-of-way document; 
     and
       (II) a subsequent certified title status report.

       (ii) Requests for first certified title status reports.--
     Notwithstanding clause (i), not later than 14 calendar days 
     after the applicable Bureau office receives a request for a 
     first certified title status report from an applicant for a 
     residential leasehold mortgage, business leasehold mortgage, 
     land mortgage, or right-of-way document under paragraph (1), 
     the applicable Bureau office shall complete the processing of 
     the first certified title status report.
       (B) Notice.--
       (i) In general.--As soon as practicable after completion of 
     the processing of, as applicable, a first certified title 
     status report or a subsequent certified title status report 
     under subparagraph (A), but by not later than the applicable 
     deadline described in that subparagraph, the applicable 
     Bureau office shall give notice of the completion to the 
     lender.
       (ii) Form of notice.--The applicable Bureau office shall 
     give notice under clause (i)--

       (I) electronically through secure, encryption software; and
       (II) through the United States mail.

       (iii) Option to opt out.--The lender may opt out of 
     receiving notice electronically under clause (ii)(I).
       (b) Notices.--
       (1) In general.--If the applicable Bureau office does not 
     complete the review and processing of mortgage packages under 
     subsection (a) (including any corresponding first certified 
     title status report or subsequent certified title status 
     report under paragraph (4) of that subsection) by the 
     applicable deadline described in that subsection, immediately 
     after missing the deadline, the applicable Bureau office 
     shall provide notice of the delay in review and processing 
     to--
       (A) the party that submitted the mortgage package or 
     requested the first certified title status report; and
       (B) the lender for which the mortgage package (including 
     any corresponding first certified title status report or 
     subsequent certified title status report) is being requested.
       (2) Requests for updates.--In addition to providing the 
     notices required under paragraph (1), not later than 2 
     calendar days after receiving a relevant inquiry with respect 
     to a submitted mortgage package from the party that submitted 
     the mortgage package or the lender for which the mortgage 
     package (including any corresponding first certified title 
     status report or subsequent certified title status report) is 
     being requested or an inquiry with respect to a requested 
     first certified title status report from the party that 
     requested the first certified title status report, the 
     applicable Bureau office shall respond to the inquiry.
       (c) Delivery of First and Subsequent Certified Title Status 
     Reports.--Notwithstanding any other provision of law, any 
     first certified title status report and any subsequent 
     certified title status report, as applicable, shall be 
     delivered directly to--
       (1) the lender;
       (2) any local or regional agency office of the Bureau that 
     requests the first certified title status report or 
     subsequent certified title status report;
       (3) in the case of a proposed residential leasehold 
     mortgage or land mortgage, the relevant Federal agency that 
     insures or guarantees the loan; and
       (4) if requested, any individual or entity described in 
     section 150.303 of title 25, Code of Federal Regulations (as 
     in effect on the date of enactment of this Act).
       (d) Access to Trust Asset and Accounting Management 
     System.--Beginning on the date of enactment of this Act, the 
     relevant Federal agencies and Indian Tribes shall have read-
     only access to the Trust Asset and Accounting Management 
     System maintained by the Bureau.
       (e) Annual Report.--
       (1) In general.--Not later than March 1 of each calendar 
     year, the Director shall submit to the Committee on Indian 
     Affairs of the Senate and the Committee on Natural Resources 
     of the House of Representatives a report describing--
       (A) for the most recent calendar year, the number of 
     requests received to complete residential leasehold mortgage 
     packages, business leasehold mortgage packages, land mortgage 
     packages, and right-of-way document packages (including any 
     requests for corresponding first certified title status 
     reports and subsequent certified title status reports), 
     including a detailed description of--
       (i) requests that were and were not successfully completed 
     by the applicable deadline described in subsection (a) by 
     each applicable Bureau office; and
       (ii) the reasons for each applicable Bureau office not 
     meeting any applicable deadlines; and
       (B) the length of time needed by each applicable Bureau 
     office during the most recent calendar year to provide the 
     notices required under subsection (b)(1).
       (2) Requirement.--In submitting the report required under 
     paragraph (1), the Director shall maintain the 
     confidentiality of personally identifiable information of the 
     parties involved in requesting the completion of residential 
     leasehold mortgage packages, business leasehold mortgage 
     packages, land mortgage packages, and right-of-way document 
     packages (including any corresponding first certified title 
     status reports and subsequent certified title status 
     reports).
       (f) GAO Study.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Indian Affairs of the 
     Senate and the Committee on Natural Resources of the House of 
     Representatives a report that includes--
       (1) an evaluation of the need for residential leasehold 
     mortgage packages, business leasehold mortgage packages, land 
     mortgage packages, and right-of-way document packages of each 
     Indian Tribe to be digitized for the purpose of streamlining 
     and expediting the completion of mortgage packages for 
     residential mortgages on Indian land (including the 
     corresponding first certified title status reports and 
     subsequent certified title status reports); and
       (2) an estimate of the time and total cost necessary for 
     Indian Tribes to digitize the records described in paragraph 
     (1), in conjunction with assistance in that digitization from 
     the Bureau.

     SEC. 5504. ESTABLISHMENT OF REALTY OMBUDSMAN POSITION.

       (a) In General.--The Director shall establish within the 
     Division of Real Estate Services of the Bureau the position 
     of Realty Ombudsman, who shall report directly to the 
     Secretary of the Interior.
       (b) Functions.--The Realty Ombudsman shall--

[[Page S5865]]

       (1) ensure that the applicable Bureau offices are meeting 
     the mortgage review and processing deadlines established by 
     section 5503(a);
       (2) ensure that the applicable Bureau offices comply with 
     the notices required under subsections (a) and (b) of section 
     5503;
       (3) serve as a liaison to other Federal agencies, including 
     by--
       (A) ensuring the Bureau is responsive to all of the 
     inquiries from the relevant Federal agencies; and
       (B) helping to facilitate communications between the 
     relevant Federal agencies and the Bureau on matters relating 
     to mortgages on Indian land;
       (4) receive inquiries, questions, and complaints directly 
     from Indian Tribes, members of Indian Tribes, and lenders in 
     regard to executed residential leasehold mortgages, business 
     leasehold mortgages, land mortgages, or right-of-way 
     documents; and
       (5) serve as the intermediary between the Indian Tribes, 
     members of Indian Tribes, and lenders and the Bureau in 
     responding to inquiries and questions and resolving 
     complaints.

  TITLE LVI--CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION LEASING 
                               AUTHORITY

     SEC. 5601. CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION 
                   LEASING AUTHORITY.

       Subsection (a) of the first section of the Act of August 9, 
     1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415(a)), is 
     amended, in the second sentence, by inserting ``, land held 
     in trust for the Confederated Tribes of the Chehalis 
     Reservation'' after ``Crow Tribe of Montana''.

     TITLE LVII--SAFEGUARD TRIBAL OBJECTS OF PATRIMONY ACT OF 2022

     SEC. 5701. SHORT TITLE.

       This title may be cited as the ``Safeguard Tribal Objects 
     of Patrimony Act of 2022''.

     SEC. 5702. PURPOSES.

       The purposes of this title are--
       (1) to carry out the trust responsibility of the United 
     States to Indian Tribes;
       (2) to increase the maximum penalty for actions taken in 
     violation of the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001 et seq.) (including section 
     1170 of title 18, United States Code, as added by that Act), 
     in order to strengthen deterrence;
       (3) to stop the export, and facilitate the international 
     repatriation, of cultural items prohibited from being 
     trafficked by the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001 et seq.) (including section 
     1170 of title 18, United States Code, as added by that Act) 
     and archaeological resources prohibited from being trafficked 
     by the Archaeological Resources Protection Act of 1979 (16 
     U.S.C. 470aa et seq.) by--
       (A) explicitly prohibiting the export;
       (B) creating an export certification system; and
       (C) confirming the authority of the President to request 
     from foreign nations agreements or provisional measures to 
     prevent irremediable damage to Native American cultural 
     heritage;
       (4) to establish a Federal framework in order to support 
     the voluntary return by individuals and organizations of 
     items of tangible cultural heritage, including items covered 
     by the Native American Graves Protection and Repatriation Act 
     (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, 
     United States Code, as added by that Act) and the 
     Archaeological Resources Protection Act of 1979 (16 U.S.C. 
     470aa et seq.);
       (5) to establish an interagency working group to ensure 
     communication between Federal agencies to successfully 
     implement this Act, the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001 et seq.) (including section 
     1170 of title 18, United States Code, as added by that Act), 
     the Archaeological Resources Protection Act of 1979 (16 
     U.S.C. 470aa et seq.), and other relevant Federal laws;
       (6) to establish a Native working group of Indian Tribes 
     and Native Hawaiian organizations to assist in the 
     implementation of this title, the Native American Graves 
     Protection and Repatriation Act (25 U.S.C. 3001 et seq.) 
     (including section 1170 of title 18, United States Code, as 
     added by that Act), the Archaeological Resources Protection 
     Act of 1979 (16 U.S.C. 470aa et seq.), and other relevant 
     Federal laws;
       (7) to exempt from disclosure under section 552 of title 5, 
     United States Code (commonly known as the ``Freedom of 
     Information Act'')--
       (A) information submitted by Indian Tribes or Native 
     Hawaiian organizations pursuant to this title; and
       (B) information relating to an Item Requiring Export 
     Certification for which an export certification was denied 
     pursuant to this title; and
       (8) to encourage buyers to purchase legal contemporary art 
     made by Native artists for commercial purposes.

     SEC. 5703. DEFINITIONS.

       In this title:
       (1) Archaeological resource.--The term ``archaeological 
     resource'' means an archaeological resource (as defined in 
     section 3 of the Archaeological Resources Protection Act of 
     1979 (16 U.S.C. 470bb)) that is Native American.
       (2) Cultural affiliation.--The term ``cultural 
     affiliation'' means that there is a relationship of shared 
     group identity that can be reasonably traced historically or 
     prehistorically between a present day Indian Tribe or Native 
     Hawaiian organization and an identifiable earlier group.
       (3) Cultural item.--The term ``cultural item'' means any 1 
     or more cultural items (as defined in section 2 of the Native 
     American Graves Protection and Repatriation Act (25 U.S.C. 
     3001)).
       (4) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term ``Indian tribe'' in section 2 of the 
     Native American Graves Protection and Repatriation Act (25 
     U.S.C. 3001).
       (5) Item prohibited from exportation.--The term ``Item 
     Prohibited from Exportation'' means--
       (A) a cultural item prohibited from being trafficked, 
     including through sale, purchase, use for profit, or 
     transport for sale or profit, by--
       (i) section 1170(b) of title 18, United States Code, as 
     added by the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001 et seq.); or
       (ii) any other Federal law or treaty; and
       (B) an archaeological resource prohibited from being 
     trafficked, including through sale, purchase, exchange, 
     transport, receipt, or offer to sell, purchase, or exchange, 
     including in interstate or foreign commerce, by--
       (i) subsections (b) and (c) of section 6 of the 
     Archaeological Resources Protection Act of 1979 (16 U.S.C. 
     470ee); or
       (ii) any other Federal law or treaty.
       (6) Item requiring export certification.--
       (A) In general.--The term ``Item Requiring Export 
     Certification'' means--
       (i) a cultural item; and
       (ii) an archaeological resource.
       (B) Exclusion.--The term ``Item Requiring Export 
     Certification'' does not include an item described in clause 
     (i) or (ii) of subparagraph (A) for which an Indian Tribe or 
     Native Hawaiian organization with a cultural affiliation with 
     the item has provided a certificate authorizing exportation 
     of the item.
       (7) Native american.--The term ``Native American'' means--
       (A) Native American (as defined in section 2 of the Native 
     American Graves Protection and Repatriation Act (25 U.S.C. 
     3001)); and
       (B) Native Hawaiian (as so defined).
       (8) Native hawaiian organization.--The term ``Native 
     Hawaiian organization'' has the meaning given the term in 
     section 2 of the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001).
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (10) Tangible cultural heritage.--The term ``tangible 
     cultural heritage'' means--
       (A) Native American human remains; or
       (B) culturally, historically, or archaeologically 
     significant objects, resources, patrimony, or other items 
     that are affiliated with a Native American culture.

     SEC. 5704. ENHANCED NAGPRA PENALTIES.

       Section 1170 of title 18, United States Code, is amended--
       (1) by striking ``5 years'' each place it appears and 
     inserting ``10 years''; and
       (2) in subsection (a), by striking ``12 months'' and 
     inserting ``1 year and 1 day''.

     SEC. 5705. EXPORT PROHIBITIONS; EXPORT CERTIFICATION SYSTEM; 
                   INTERNATIONAL AGREEMENTS.

       (a) Export Prohibitions.--
       (1) In general.--It shall be unlawful for any person--
       (A) to export, attempt to export, or otherwise transport 
     from the United States any Item Prohibited from Exportation;
       (B) to conspire with any person to engage in an activity 
     described in subparagraph (A); or
       (C) to conceal an activity described in subparagraph (A).
       (2) Penalties.--Any person who violates paragraph (1) and 
     knows, or in the exercise of due care should have known, that 
     the Item Prohibited from Exportation was taken, possessed, 
     transported, or sold in violation of, or in a manner unlawful 
     under, any Federal law or treaty, shall be fined in 
     accordance with section 3571 of title 18, United States Code, 
     imprisoned for not more than 1 year and 1 day for a first 
     violation, and not more than 10 years for a second or 
     subsequent violation, or both.
       (3) Detention, forfeiture, and repatriation.--
       (A) Detention and delivery.--The Secretary of Homeland 
     Security, acting through the Commissioner of U.S. Customs and 
     Border Protection, shall--
       (i) detain any Item Prohibited from Exportation that is 
     exported, attempted to be exported, or otherwise transported 
     from the United States in violation of paragraph (1); and
       (ii) deliver the Item Prohibited from Exportation to the 
     Secretary.
       (B) Forfeiture.--Any Item Prohibited from Exportation that 
     is exported, attempted to be exported, or otherwise 
     transported from the United States in violation of paragraph 
     (1) shall be subject to forfeiture to the United States in 
     accordance with chapter 46 of title 18, United States Code 
     (including section 983(c) of that chapter).
       (C) Repatriation.--Any Item Prohibited from Exportation 
     that is forfeited under subparagraph (B) shall be 
     expeditiously repatriated to the appropriate Indian Tribe or 
     Native Hawaiian organization in accordance with, as 
     applicable--
       (i) the Native American Graves Protection and Repatriation 
     Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 
     18, United States Code, as added by that Act); or

[[Page S5866]]

       (ii) the Archaeological Resources Protection Act of 1979 
     (16 U.S.C. 470aa et seq.).
       (b) Export Certification System.--
       (1) Export certification requirement.--
       (A) In general.--No Item Requiring Export Certification may 
     be exported from the United States without first having 
     obtained an export certification in accordance with this 
     subsection.
       (B) Publication.--The Secretary, in consultation with 
     Indian Tribes and Native Hawaiian organizations, shall 
     publish in the Federal Register a notice that includes--
       (i) a description of characteristics typical of Items 
     Requiring Export Certification, which shall--

       (I) include the definitions of the terms--

       (aa) ``cultural items'' in section 2 of the Native American 
     Graves Protection and Repatriation Act (25 U.S.C. 3001); and
       (bb) ``archaeological resource'' in section 3 of the 
     Archaeological Resources Protection Act of 1979 (16 U.S.C. 
     470bb);

       (II) describe the provenance requirements associated with 
     the trafficking prohibition applicable to--

       (aa) cultural items under section 1170(b) of title 18, 
     United States Code; and
       (bb) archaeological resources under subsections (b) and (c) 
     of section 6 of Archaeological Resources Protection Act of 
     1979 (16 U.S.C. 470ee);

       (III)(aa) include the definitions of the terms ``Native 
     American'' and ``Native Hawaiian'' in section 2 of the Native 
     American Graves Protection and Repatriation Act (25 U.S.C. 
     3001); and
       (bb) describe how those terms apply to archaeological 
     resources under this title; and
       (IV) be sufficiently specific and precise to ensure that--

       (aa) an export certification is required only for Items 
     Requiring Export Certification; and
       (bb) fair notice is given to exporters and other persons 
     regarding which items require an export certification under 
     this subsection; and
       (ii) a description of characteristics typical of items that 
     do not qualify as Items Requiring Export Certification and 
     therefore do not require an export certification under this 
     subsection, which shall clarify that--

       (I) an item made solely for commercial purposes is presumed 
     to not qualify as an Item Requiring Export Certification, 
     unless an Indian Tribe or Native Hawaiian organization 
     challenges that presumption; and
       (II) in some circumstances, receipts or certifications 
     issued by Indian Tribes or Native Hawaiian organizations with 
     a cultural affiliation with an item may be used as evidence 
     to demonstrate a particular item does not qualify as an Item 
     Requiring Export Certification.

       (2) Eligibility for export certification.--An Item 
     Requiring Export Certification is eligible for an export 
     certification under this subsection if--
       (A) the Item Requiring Export Certification is not under 
     ongoing Federal investigation;
       (B) the export of the Item Requiring Export Certification 
     would not otherwise violate any other provision of law; and
       (C) the Item Requiring Export Certification--
       (i) is not an Item Prohibited from Exportation;
       (ii) was excavated or removed pursuant to a permit issued 
     under section 4 of the Archaeological Resources Protection 
     Act of 1979 (16 U.S.C. 470cc) and in compliance with section 
     3(c) of the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3002(c)), if the permit for 
     excavation or removal authorizes export; or
       (iii) is accompanied by written confirmation from the 
     Indian Tribe or Native Hawaiian organization with authority 
     to alienate the Item Requiring Export Certification that--

       (I) the exporter has a right of possession (as defined in 
     section 2 of the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001)) of the Item Requiring 
     Export Certification; or
       (II) the Indian Tribe or Native Hawaiian organization has 
     relinquished title or control of the Item Requiring Export 
     Certification in accordance with section 3 of the Native 
     American Graves Protection and Repatriation Act (25 U.S.C. 
     3002).

       (3) Export certification application and issuance 
     procedures.--
       (A) Applications for export certification.--
       (i) In general.--An exporter seeking to export an Item 
     Requiring Export Certification from the United States shall 
     submit to the Secretary an export certification application 
     in accordance with clause (iii).
       (ii) Consequences of false statement.--Any willful or 
     knowing false statement made on an export certification 
     application form under clause (i) shall--

       (I) subject the exporter to criminal penalties pursuant to 
     section 1001 of title 18, United States Code; and
       (II) prohibit the exporter from receiving an export 
     certification for any Item Requiring Export Certification in 
     the future unless the exporter submits additional evidence in 
     accordance with subparagraph (B)(iii)(I).

       (iii) Form of export certification application.--The 
     Secretary, in consultation with Indian Tribes and Native 
     Hawaiian organizations, and at the discretion of the 
     Secretary, in consultation with third parties with relevant 
     expertise, including institutions of higher education, 
     museums, dealers, and collector organizations, shall develop 
     an export certification application form, which shall require 
     that an applicant--

       (I) describe, and provide pictures of, each Item Requiring 
     Export Certification that the applicant seeks to export;
       (II) include all available information regarding the 
     provenance of each such Item Requiring Export Certification; 
     and
       (III) include the attestation described in subparagraph 
     (B)(i).

       (B) Evidence.--
       (i) In general.--In completing an export certification 
     application with respect to an Item Requiring Export 
     Certification that the exporter seeks to export, the exporter 
     shall attest that, to the best of the knowledge and belief of 
     the exporter, the exporter is not attempting to export an 
     Item Prohibited from Exportation.
       (ii) Sufficiency of attestation.--An attestation under 
     clause (i) shall be considered to be sufficient evidence to 
     support the application of the exporter under subparagraph 
     (A)(iii)(III), on the condition that the exporter is not 
     required to provide additional evidence under clause 
     (iii)(I).
       (iii) Additional requirements.--

       (I) In general.--The Secretary shall give notice to an 
     exporter that submits an export certification application 
     under subparagraph (A)(i) that the exporter is required to 
     submit additional evidence in accordance with subclause (III) 
     if the Secretary has determined under subparagraph (A)(ii) 
     that the exporter made a willful or knowing false statement 
     on the application or any past export certification 
     application.
       (II) Delays or denials.--The Secretary shall give notice to 
     an exporter that submits an export certification application 
     under subparagraph (A)(i) that the exporter may submit 
     additional evidence in accordance with subclause (III) if the 
     issuance of an export certification is--

       (aa) delayed pursuant to the examination by the Secretary 
     of the eligibility of the Item Requiring Export Certification 
     for an export certification; or
       (bb) denied by the Secretary because the Secretary 
     determined that the Item Requiring Export Certification is 
     not eligible for an export certification under this 
     subsection.

       (III) Additional evidence.--On receipt of notice under 
     subclause (I), an exporter shall, or on receipt of a notice 
     under subclause (II), an exporter may, provide the Secretary 
     with such additional evidence as the Secretary may require to 
     establish that the Item Requiring Export Certification is 
     eligible for an export certification under this subsection.

       (C) Database applications.--
       (i) In general.--The Secretary shall establish and maintain 
     a secure central Federal database information system 
     (referred to in this subparagraph as the ``database'') for 
     the purpose of making export certification applications 
     available to Indian Tribes and Native Hawaiian organizations.
       (ii) Collaboration required.--The Secretary shall 
     collaborate with Indian Tribes, Native Hawaiian 
     organizations, and the interagency working group convened 
     under section 7(a) in the design and implementation of the 
     database.
       (iii) Availability.--Immediately on receipt of an export 
     certification application, the Secretary shall make the 
     export certification application available on the database.
       (iv) Deletion from database.--On request by an Indian Tribe 
     or Native Hawaiian organization, the Secretary shall delete 
     an export certification application from the database.
       (v) Technical assistance.--If an Indian Tribe or Native 
     Hawaiian organization lacks sufficient resources to access 
     the database or respond to agency communications in a timely 
     manner, the Secretary, in consultation with Indian Tribes and 
     Native Hawaiian organizations, shall provide technical 
     assistance to facilitate that access or response, as 
     applicable.
       (D) Issuance of export certification.--
       (i) On receipt of an export certification application for 
     an Item Requiring Export Certification that meets the 
     requirements of subparagraphs (A) and (B), if the Secretary, 
     in consultation with Indian Tribes and Native Hawaiian 
     organizations with a cultural affiliation with the Item 
     Requiring Export Certification, determines that the Item 
     Requiring Export Certification is eligible for an export 
     certification under paragraph (2), the Secretary may issue an 
     export certification for the Item Requiring Export 
     Certification.
       (ii) On receipt of an export certification application for 
     an Item Requiring Export Certification that meets the 
     requirements of subparagraphs (A) and (B)--

       (I) the Secretary shall have 1 business day to notify the 
     relevant Indian Tribes and Native Hawaiian Organizations of 
     an application for export of an Item Requiring Export 
     Certification;
       (II) Indian Tribes and Native Hawaiian organizations shall 
     have 9 business days to review the export certification 
     application;
       (III) if an Indian Tribe or Native Hawaiian organization 
     notifies the Secretary that the Item Requiring Export 
     Certification may not be eligible for an export certification 
     under paragraph (2), the Secretary shall have 7 business days 
     to review the application;
       (IV) if no Indian Tribe or Native Hawaiian organization so 
     notifies the Secretary, the Secretary shall have 1 business 
     day to review the application;

[[Page S5867]]

       (V) with notice to the exporter, the Secretary may extend 
     the review of an application for up to 30 business days if 
     credible evidence is provided that the Item Requiring Export 
     Certification may not be eligible for an export certification 
     under paragraph (2); and
       (VI) the Secretary shall make a determination to approve or 
     deny the export certification application within the time 
     allotted.

       (E) Revocation of export certification.--
       (i) In general.--If credible evidence is provided that 
     indicates that an item that received an export certification 
     under subparagraph (D) is not eligible for an export 
     certification under paragraph (2), the Secretary may 
     immediately revoke the export certification.
       (ii) Determination.--In determining whether a revocation is 
     warranted under clause (i), the Secretary shall consult with 
     Indian Tribes and Native Hawaiian organizations with a 
     cultural affiliation with the affected Item Requiring Export 
     Certification.
       (4) Detention, forfeiture, repatriation, and return.--
       (A) Detention and delivery.--The Secretary of Homeland 
     Security, acting through the Commissioner of U.S. Customs and 
     Border Protection, shall--
       (i) detain any Item Requiring Export Certification that an 
     exporter attempts to export or otherwise transport without an 
     export certification; and
       (ii) deliver the Item Requiring Export Certification to the 
     Secretary, for seizure by the Secretary.
       (B) Forfeiture.--Any Item Requiring Export Certification 
     that is detained under subparagraph (A)(i) shall be subject 
     to forfeiture to the United States in accordance with chapter 
     46 of title 18, United States Code (including section 983(c) 
     of that chapter).
       (C) Repatriation or return to exporter.--
       (i) In general.--Not later than 60 days after the date of 
     delivery to the Secretary of an Item Requiring Export 
     Certification under subparagraph (A)(ii), the Secretary shall 
     determine whether the Item Requiring Export Certification is 
     an Item Prohibited from Exportation.
       (ii) Repatriation.--If an Item Requiring Export 
     Certification is determined by the Secretary to be an Item 
     Prohibited from Exportation and is forfeited under 
     subparagraph (B), the item shall be expeditiously repatriated 
     to the appropriate Indian Tribe or Native Hawaiian 
     organization in accordance with, as applicable--

       (I) the Native American Graves Protection and Repatriation 
     Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 
     18, United States Code, as added by that Act); or
       (II) the Archaeological Resources Protection Act of 1979 
     (16 U.S.C. 470aa et seq.).

       (iii) Return to exporter.--

       (I) In general.--If the Secretary determines that credible 
     evidence does not establish that the Item Requiring Export 
     Certification is an Item Prohibited from Exportation, or if 
     the Secretary does not complete the determination by the 
     deadline described in clause (i), the Secretary shall return 
     the Item Requiring Export Certification to the exporter.
       (II) Effect.--The return of an Item Requiring Export 
     Certification to an exporter under subclause (I) shall not 
     mean that the Item Requiring Export Certification is eligible 
     for an export certification under this subsection.

       (5) Penalties.--
       (A) Items requiring export certification.--
       (i) In general.--It shall be unlawful for any person to 
     export, attempt to export, or otherwise transport from the 
     United States any Item Requiring Export Certification without 
     first obtaining an export certification.
       (ii) Penalties.--Except as provided in subparagraph (D), 
     any person who violates clause (i) shall be--

       (I) assessed a civil penalty in accordance with such 
     regulations as the Secretary promulgates pursuant to section 
     10; and
       (II) subject to any other applicable penalties under this 
     title.

       (B) Items prohibited from exportation.--Whoever exports an 
     Item Prohibited from Exportation without first securing an 
     export certification shall be liable for a civil money 
     penalty, the amount of which shall equal the total cost of 
     storing and repatriating the Item Prohibited from 
     Exportation.
       (C) Use of fines collected.--Any amounts collected by the 
     Secretary as a civil penalty under subparagraph (A)(ii)(I) or 
     (B) shall be credited to the currently applicable 
     appropriation, account, or fund of the Department of the 
     Interior as discretionary offsetting collections and shall be 
     available only to the extent and in the amounts provided in 
     advance in appropriations Acts--
       (i) to process export certification applications under this 
     subsection; and
       (ii) to store and repatriate the Item Prohibited from 
     Exportation.
       (D) Voluntary return.--
       (i) In general.--Any person who attempts to export or 
     otherwise transport from the United States an Item Requiring 
     Export Certification without first obtaining an export 
     certification, but voluntarily returns the Item Requiring 
     Export Certification, or directs the Item Requiring Export 
     Certification to be returned, to the appropriate Indian Tribe 
     or Native Hawaiian organization in accordance with section 6 
     prior to the commencement of an active Federal investigation 
     shall not be prosecuted for a violation of subparagraph (A) 
     with respect to the Item Requiring Export Certification.
       (ii) Actions not commencing a federal investigation.--For 
     purposes of clause (i), the following actions shall not be 
     considered to be actions that commence an active Federal 
     investigation:

       (I) The submission by the exporter of an export 
     certification application for the Item Requiring Export 
     Certification under paragraph (3)(A)(i).
       (II) The detention of the Item Requiring Export 
     Certification by the Secretary of Homeland Security, acting 
     through the Commissioner of U.S. Customs and Border 
     Protection, under paragraph (4)(A)(i).
       (III) The delivery to the Secretary of the Item Requiring 
     Export Certification by the Secretary of Homeland Security, 
     acting through the Commissioner of U.S. Customs and Border 
     Protection, under paragraph (4)(A)(ii).
       (IV) The seizure by the Secretary of the Item Requiring 
     Export Certification under paragraph (4)(A)(ii).

       (6) Fees.--
       (A) In general.--The Secretary may assess reasonable fees 
     limited to the cost of processing export certification 
     applications under this subsection, subject to subparagraph 
     (B).
       (B) Availability of amounts collected.--Fees authorized 
     under subparagraph (A) shall be collected and available only 
     to the extent and in the amounts provided in advance in 
     appropriations Acts.
       (7) Administrative appeal.--If the Secretary denies an 
     export certification or an Item Requiring Export 
     Certification is detained under this subsection, the 
     exporter, on request, shall be given a hearing on the record 
     in accordance with such rules and regulations as the 
     Secretary promulgates pursuant to section 10.
       (8) Training.--
       (A) In general.--The Secretary, the Secretary of State, the 
     Attorney General, and the heads of all other relevant Federal 
     agencies shall require all appropriate personnel to 
     participate in training regarding applicable laws and 
     consultations to facilitate positive government-to-government 
     interactions with Indian Tribes and Native Hawaiian 
     Organizations.
       (B) U.S. customs and border protection training.--The 
     Secretary of Homeland Security, acting through the 
     Commissioner of U.S. Customs and Border Protection, shall 
     require all appropriate personnel of U.S. Customs and Border 
     Protection to participate in training provided by the 
     Secretary of the Interior or an Indian Tribe or Native 
     Hawaiian organization to assist the personnel in identifying, 
     handling, and documenting in a culturally sensitive manner 
     Items Requiring Export Certification for purposes of this 
     title.
       (C) Consultation.--In developing or modifying and 
     delivering trainings under subparagraphs (A) and (B), the 
     applicable heads of Federal agencies shall consult with 
     Indian Tribes and Native Hawaiian organizations.
       (c) Agreements to Request Return From Foreign Countries.--
     The President may request from foreign nations agreements 
     that specify concrete measures that the foreign nation will 
     carry out--
       (1) to discourage commerce in, and collection of, Items 
     Prohibited from Exportation;
       (2) to encourage the voluntary return of tangible cultural 
     heritage; and
       (3) to expand the market for the products of Indian art and 
     craftsmanship in accordance with section 2 of the Act of 
     August 27, 1935 (49 Stat. 891, chapter 748; 25 U.S.C. 305a) 
     (commonly known as the ``Indian Arts and Crafts Act'').

     SEC. 5706. VOLUNTARY RETURN OF TANGIBLE CULTURAL HERITAGE.

       (a) Liaison.--The Secretary and the Secretary of State 
     shall each designate a liaison to facilitate the voluntary 
     return of tangible cultural heritage.
       (b) Trainings and Workshops.--The liaisons designated under 
     subsection (a) shall offer to representatives of Indian 
     Tribes and Native Hawaiian organizations and collectors, 
     dealers, and other individuals and organizations trainings 
     and workshops regarding the voluntary return of tangible 
     cultural heritage.
       (c) Referrals.--
       (1) In general.--The Secretary shall refer individuals and 
     organizations to 1 or more Indian Tribes and Native Hawaiian 
     organizations with a cultural affiliation to tangible 
     cultural heritage for the purpose of facilitating the 
     voluntary return of tangible cultural heritage.
       (2) Referral representatives.--The Secretary shall compile 
     a list of representatives from each Indian Tribe and Native 
     Hawaiian organization for purposes of referral under 
     paragraph (1).
       (3) Consultation.--The Secretary shall consult with Indian 
     Tribes, Native Hawaiian organizations, and the Native working 
     group convened under section 8(a) before making a referral 
     under paragraph (1).
       (4) Third-party experts.--The Secretary may use third 
     parties with relevant expertise, including institutions of 
     higher education, museums, dealers, and collector 
     organizations, in determining to which Indian Tribe or Native 
     Hawaiian organization an individual or organization should be 
     referred under paragraph (1).
       (d) Legal Liability.--Nothing in this section imposes on 
     any individual or entity any additional penalties or legal 
     liability.
       (e) Tax Documentation.--In facilitating the voluntary 
     return of tangible cultural

[[Page S5868]]

     heritage under this section, the Secretary shall include 
     provision of tax documentation for a deductible gift to an 
     Indian Tribe or Native Hawaiian organization, if the 
     recipient Indian Tribe or Native Hawaiian organization 
     consents to the provision of tax documentation.
       (f) Repatriation Under Native American Graves Protection 
     and Repatriation Act.--The voluntary return provisions of 
     this section shall apply to a specific item of tangible 
     cultural heritage only to the extent that the repatriation 
     provisions under section 7 of the Native American Graves 
     Protection and Repatriation Act (25 U.S.C. 3005) do not apply 
     to the item of tangible cultural heritage.

     SEC. 5707. INTERAGENCY WORKING GROUP.

       (a) In General.--The Secretary shall designate a 
     coordinating office to convene an interagency working group 
     consisting of representatives from the Departments of the 
     Interior, Justice, State, and Homeland Security.
       (b) Goals.--The goals of the interagency working group 
     convened under subsection (a) are--
       (1) to facilitate the repatriation to Indian Tribes and 
     Native Hawaiian organizations of items that have been 
     illegally removed or trafficked in violation of applicable 
     law;
       (2) to protect tangible cultural heritage, cultural items, 
     and archaeological resources still in the possession of 
     Indian Tribes and Native Hawaiian organizations; and
       (3) to improve the implementation by the applicable Federal 
     agencies of--
       (A) the Native American Graves Protection and Repatriation 
     Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 
     18, United States Code, as added by that Act);
       (B) the Archaeological Resources Protection Act of 1979 (16 
     U.S.C. 470aa et seq.); and
       (C) other relevant Federal laws.
       (c) Responsibilities.--The interagency working group 
     convened under subsection (a) shall--
       (1) aid in implementation of this title and the amendments 
     made by this title, including by aiding in--
       (A) the voluntary return of tangible cultural heritage 
     under section 6; and
       (B) halting international sales of items that are 
     prohibited from being trafficked under Federal law; and
       (2) collaborate with--
       (A) the Native working group convened under section 8(a);
       (B) the review committee established under section 8(a) of 
     the Native American Graves Protection and Repatriation Act 
     (25 U.S.C. 3006(a));
       (C) the Cultural Heritage Coordinating Committee 
     established pursuant to section 2 of the Protect and Preserve 
     International Cultural Property Act (Public Law 114-151; 19 
     U.S.C. 2601 note); and
       (D) any other relevant committees and working groups.

     SEC. 5708. NATIVE WORKING GROUP.

       (a) In General.--The Secretary shall convene a Native 
     working group consisting of not fewer than 12 representatives 
     of Indian Tribes and Native Hawaiian organizations with 
     relevant expertise, who shall be nominated by Indian Tribes 
     and Native Hawaiian organizations, to advise the Federal 
     Government in accordance with this section.
       (b) Recommendations.--The Native working group convened 
     under subsection (a) may provide recommendations regarding--
       (1) the voluntary return of tangible cultural heritage by 
     collectors, dealers, and other individuals and non-Federal 
     organizations that hold such tangible cultural heritage; and
       (2) the elimination of illegal commerce of cultural items 
     and archaeological resources in the United States and foreign 
     markets.
       (c) Requests.--The Native working group convened under 
     subsection (a) may make formal requests to initiate certain 
     agency actions, including requests that--
       (1) the Department of Justice initiate judicial proceedings 
     domestically or abroad to aid in the repatriation cultural 
     items and archaeological resources; and
       (2) the Department of State initiate dialogue through 
     diplomatic channels to aid in that repatriation.
       (d) Agency and Committee Assistance.--
       (1) In general.--On request by the Native working group 
     convened under subsection (a), the agencies and committees 
     described in paragraph (2) shall make efforts to provide 
     information and assistance to the Native working group.
       (2) Description of agencies and committees.--The agencies 
     and committees referred to in paragraph (1) are the 
     following:
       (A) The Department of the Interior.
       (B) The Department of Justice.
       (C) The Department of Homeland Security.
       (D) The Department of State.
       (E) The review committee established under section 8(a) of 
     the Native American Graves Protection and Repatriation Act 
     (25 U.S.C. 3006(a)).
       (F) The Cultural Heritage Coordinating Committee 
     established pursuant to section 2 of the Protect and Preserve 
     International Cultural Property Act (Public Law 114-151; 19 
     U.S.C. 2601 note).
       (G) Any other relevant Federal agency, committee, or 
     working group.
       (e) Applicability of Federal Advisory Committee Act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Native working group convened under subsection 
     (a).

     SEC. 5709. TREATMENT UNDER FREEDOM OF INFORMATION ACT.

       (a) In General.--Except as provided in subsection (c), the 
     following information shall be exempt from disclosure under 
     section 552 of title 5, United States Code:
       (1) Information that a representative of an Indian Tribe or 
     Native Hawaiian organization--
       (A) submits to a Federal agency pursuant to this title or 
     an amendment made by this title; and
       (B) designates as sensitive or private according to Native 
     American custom, law, culture, or religion.
       (2) Information that any person submits to a Federal agency 
     pursuant to this title or an amendment made by this title 
     that relates to an item for which an export certification is 
     denied under this title.
       (b) Applicability.--For purposes of subsection (a), this 
     title shall be considered a statute described in section 
     552(b)(3)(B) of title 5, United States Code.
       (c) Exception.--An Indian Tribe or Native Hawaiian 
     organization may request and shall receive its own 
     information, as described in subsection (a), from the Federal 
     agency to which the Indian Tribe or Native Hawaiian 
     organization submitted the information.

     SEC. 5710. REGULATIONS.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary, in consultation with the Secretary of 
     State, the Secretary of Homeland Security, and the Attorney 
     General, and after consultation with Indian Tribes and Native 
     Hawaiian organizations, shall promulgate rules and 
     regulations to carry out this title.

     SEC. 5711. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     title $3,000,000 for each of fiscal years 2022 through 2027.

     SEC. 5712. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this title, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this title, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

TITLE LVIII--DON YOUNG ALASKA NATIVE HEALTH CARE LAND TRANSFERS ACT OF 
                                  2022

     SEC. 5801. SHORT TITLE.

        This title may be cited as the ``Don Young Alaska Native 
     Health Care Land Transfers Act of 2022''.

     SEC. 5802. DEFINITIONS.

       For the purposes of this title:
       (1) Consortia.--The term ``Consortia'' means the Alaska 
     Native Tribal Health Consortium and Southeast Alaska Regional 
     Health Consortium.
       (2) Council.--The term ``Council'' means the Tanana Tribal 
     Council located in Tanana, Alaska.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.

     SEC. 5803. CONVEYANCES OF PROPERTY.

       (a) Conveyance of Property to the Tanana Tribal Council.--
       (1) In general.--As soon as practicable, but not later than 
     180 days, after the date of the enactment of this Act, the 
     Secretary shall convey to the Council all right, title, and 
     interest of the United States in and to the property 
     described in paragraph (2) for use in connection with health 
     and social services programs.
       (2) Property described.--The property referred to in 
     paragraph (1), including all land, improvements, and 
     appurtenances, described in this paragraph is the property 
     included in U.S. Survey No. 5958 in the village of Tanana, 
     Alaska, within surveyed lot 12, T. 4 N., R. 22 W., Fairbanks 
     Meridian, Alaska, containing approximately 11.25 acres.
       (b) Conveyance of Property to the Southeast Alaska Regional 
     Health Consortium.--
       (1) In general.--As soon as practicable, but not later than 
     2 years, after the date of the enactment of this Act, the 
     Secretary shall convey to the Southeast Alaska Regional 
     Health Consortium located in Sitka, Alaska, all right, title, 
     and interest of the United States in and to the property 
     described in paragraph (2) for use in connection with health 
     and social services programs.
       (2) Property described.--The property referred to in 
     paragraph (1), including all land and appurtenances, 
     described in this paragraph is the property included in U.S. 
     Survey 1496, lots 4 and 7, partially surveyed T. 55 S., R. 63 
     E., Copper River Meridian, containing approximately 10.87 
     acres in Sitka, Alaska.
       (c) Conveyance of Property to the Alaska Native Tribal 
     Health Consortium.--
       (1) In general.--As soon as practicable, but not later than 
     1 year, after the date of the enactment of this Act, the 
     Secretary shall convey to the Alaska Native Tribal Health 
     Consortium located in Anchorage, Alaska, all right, title, 
     and interest of the United States in and to the property 
     described in paragraph (2) for use in connection with health 
     programs.
       (2) Property described.--The property referred to in 
     paragraph (1), including all land, improvements, and 
     appurtenances, is the following:
       (A) Lot 1A in Block 31A, East Addition, Anchorage Townsite, 
     United States Survey

[[Page S5869]]

     No. 408, Plat No. 96-117, recorded on November 22, 1996, in 
     the Anchorage Recording District.
       (B) Block 32C, East Addition, Anchorage Townsite, United 
     States Survey No. 408, Plat No. 96-118, recorded on November 
     22, 1996, in the Anchorage Recording District.

     SEC. 5804. CONDITIONS OF THE CONVEYANCE OF THE PROPERTIES.

       (a) Conditions.--The conveyance of the properties under 
     section 5803--
       (1) shall be made by warranty deed; and
       (2) shall not--
       (A) require any consideration from the Consortia or the 
     Council for the property;
       (B) impose any obligation, term, or condition on the 
     Consortia or the Council regarding the property; or
       (C) allow for any reversionary interest of the United 
     States in the property.
       (b) Effect on Any Quitclaim Deed.--The conveyance by the 
     Secretary of title by warranty deed under subsection (a)(1) 
     shall, on the effective date of the conveyance, supersede and 
     render of no future effect any quitclaim deed to the 
     properties described in section 5803 executed by the 
     Secretary and the Consortia or the Council.

     SEC. 5805. ENVIRONMENTAL LIABILITY.

       (a) Liability.--
       (1) In general.--Notwithstanding any other provision of 
     law, neither the Consortia nor the Council shall be liable 
     for any soil, surface water, groundwater, or other 
     contamination resulting from the disposal, release, or 
     presence of any environmental contamination on any portion of 
     the property described in section 5803 that occurred on or 
     before the date on which the Consortia or the Council 
     controlled, occupied, and used the properties.
       (2) Environmental contamination.--An environmental 
     contamination described in paragraph (1) includes any oil or 
     petroleum products, hazardous substances, hazardous 
     materials, hazardous waste, pollutants, toxic substances, 
     solid waste, or any other environmental contamination or 
     hazard as defined in any Federal or State of Alaska law.
       (b) Easement.--The Secretary shall be accorded any easement 
     or access to the property conveyed under this title as may be 
     reasonably necessary to satisfy any retained obligation or 
     liability of the Secretary.
       (c) Notice of Hazardous Substance Activity and Warranty.--
     In carrying out this section, the Secretary shall comply with 
     section 120(h) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
       (d) Limitation on Applicability.--The provisions in this 
     section apply only to the property conveyances specifically 
     required by this title.

                         TITLE LIX--RESPECT ACT

     SEC. 5901. SHORT TITLE.

       This title may be cited as the ``Repealing Existing 
     Substandard Provisions Encouraging Conciliation with Tribes 
     Act'' or the ``RESPECT Act''.

     SEC. 5902. REPEAL OF CERTAIN OBSOLETE LAWS RELATING TO 
                   INDIANS.

       (1) Section 2080 of the Revised Statutes (25 U.S.C. 72) is 
     repealed.
       (2) Section 2100 of the Revised Statutes (25 U.S.C. 127) is 
     repealed.
       (3) Section 2 of the Act of March 3, 1875 (18 Stat. 449, 
     chapter 132; 25 U.S.C. 128), is repealed.
       (4) The first section of the Act of March 3, 1875 (18 Stat. 
     424, chapter 132; 25 U.S.C. 129), is amended under the 
     heading ``CHEYENNES AND ARAPAHOES.'' by striking ``; that the 
     Secretary of the Interior be authorized to withhold, from any 
     tribe of Indians who may hold any captives other than 
     Indians, any moneys due them from the United States until 
     said captives shall be surrendered to the lawful authorities 
     of the United States''.
       (5) Section 2087 of the Revised Statutes (25 U.S.C. 130) is 
     repealed.
       (6) Section 3 of the Act of March 3, 1875 (18 Stat. 449, 
     chapter 132; 25 U.S.C. 137), is repealed.
       (7) Section 2101 of the Revised Statutes (25 U.S.C. 138) is 
     repealed.
       (8) Section 7 of the Act of June 23, 1879 (21 Stat. 35, 
     chapter 35; 25 U.S.C. 273), is repealed.
       (9) The first section of the Act of March 3, 1893 (27 Stat. 
     612, chapter 209), is amended--
       (A) under the heading ``MISCELLANEOUS SUPPORTS.'' (27 Stat. 
     628; 25 U.S.C. 283), by striking the last 2 undesignated 
     paragraphs; and
       (B) under the heading ``FOR SUPPORT OF SCHOOLS.'' (27 Stat. 
     635; 25 U.S.C. 283), by striking the second undesignated 
     paragraph.
       (10) Section 18 of the Act of June 30, 1913 (38 Stat. 96, 
     chapter 4; 25 U.S.C. 285), is amended by striking the tenth 
     undesignated paragraph.
       (11) The Act of June 21, 1906 (34 Stat. 325, chapter 3504), 
     is amended under the heading ``commissioner.'' under the 
     heading ``I. GENERAL PROVISIONS.'' (34 Stat. 328; 25 U.S.C. 
     302) by striking the fourth undesignated paragraph.

  TITLE LX--AGUA CALIENTE LAND EXCHANGE FEE TO TRUST CONFIRMATION ACT

     SEC. 6001. SHORT TITLE.

       This title may be cited as the ``Agua Caliente Land 
     Exchange Fee to Trust Confirmation Act''.

     SEC. 6002. LAND TO BE TAKEN INTO TRUST FOR THE BENEFIT OF THE 
                   AGUA CALIENTE BAND OF CAHUILLA INDIANS.

       (a) In General.--The approximately 2,560 acres of land 
     owned by the Agua Caliente Band of Cahuilla Indians generally 
     depicted as ``Lands to be Taken into Trust'' on the map 
     entitled ``Agua Caliente Band of Cahuilla Indians Land to be 
     Taken into Trust'' and dated November 17, 2021, is hereby 
     taken into trust by the United States for the benefit of the 
     Agua Caliente Band of Cahuilla Indians.
       (b) Administration.--Land taken into trust by subsection 
     (a) shall be--
       (1) part of the reservation of the Agua Caliente Band of 
     Cahuilla Indians; and
       (2) administered in accordance with the laws and 
     regulations generally applicable to property held in trust by 
     the United States for the benefit of an Indian Tribe.
       (c) Gaming Prohibited.--Land taken into trust by subsection 
     (a) shall not be eligible for gaming under the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701 et seq.).

               TITLE LXI--URBAN INDIAN HEALTH CONFER ACT

     SEC. 6101. SHORT TITLE.

       This title may be cited as the ``Urban Indian Health Confer 
     Act''.

     SEC. 6102. URBAN INDIAN ORGANIZATION CONFER POLICY.

        Section 514(b) of the Indian Health Care Improvement Act 
     (25 U.S.C. 1660d) is amended to read as follows:
       ``(b) Requirement.--The Secretary shall ensure that the 
     Service and the other agencies and offices of the Department 
     confer, to the maximum extent practicable, with urban Indian 
     organizations in carrying out--
       ``(1) this Act; and
       ``(2) other provisions of law relating to Indian health 
     care.''.

         TITLE LXII--OLD PASCUA COMMUNITY LAND ACQUISITION ACT

     SEC. 6201. SHORT TITLE.

        This title may be cited as the ``Old Pascua Community Land 
     Acquisition Act''.

     SEC. 6202. DEFINITIONS.

       In this title:
       (1) Compact-designated area.--The term ``Compact Designated 
     Area'' means the area south of West Grant Road, east of 
     Interstate 10, north of West Calle Adelanto, and west of 
     North 15th Avenue in the City of Tucson, Arizona, as provided 
     specifically in the Pascua Yaqui Tribe--State of Arizona 
     Amended and Restated Gaming Compact signed in 2021.
       (2) Tribe.--The term ``Tribe'' means the Pascua Yaqui Tribe 
     of Arizona, a federally recognized Indian tribe.
       (3) Indian tribe.--The term ``Indian Tribe''--
       (A) means any Indian tribe, band, nation, or other 
     organized group or community, including any Alaska Native 
     village that is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians; and
       (B) does not include any Alaska Native regional or village 
     corporation.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 6203. LAND TO BE HELD IN TRUST.

       Upon the request of the Tribe, the Secretary shall accept 
     and take into trust for the benefit of the Tribe, subject to 
     all valid existing rights, any land within the Compact-
     Designated Area that is owned by Tribe.

     SEC. 6204. APPLICATION OF CURRENT LAW.

       Gaming conducted by the Tribe in the Compact-Designated 
     Area shall be subject to--
       (1) the Indian Gaming Regulatory Act (25 U.S.C. 2701 et 
     seq.); and
       (2) sections 1166 through 1168 of title 18, United States 
     Code.

     SEC. 6205. REAFFIRMATION OF STATUS AND ACTIONS.

       (a) Administration.--Land placed into trust pursuant to 
     this title shall--
       (1) be a part of the Pascua Yaqui Reservation and 
     administered in accordance with the laws and regulations 
     generally applicable to land held in trust by the United 
     States for an Indian Tribe; and
       (2) be deemed to have been acquired and taken into trust on 
     September 18, 1978.
       (b) Rules of Construction.--Nothing in this title shall--
       (1) enlarge, impair, or otherwise affect any right or claim 
     of the Tribe to any land or interest in land in existence 
     before the date of the enactment of this Act;
       (2) affect any water right of the Tribe in existence before 
     the date of the enactment of this Act;
       (3) terminate or limit any access in any way to any right-
     of-way or right-of-use issued, granted, or permitted before 
     the date of the enactment of this Act; or
       (4) alter or diminish the right of the Tribe to seek to 
     have additional land taken into trust by the United States 
     for the benefit of the Tribe.

          TITLE LXIII--NATIVE AMERICAN TOURISM GRANT PROGRAMS

     SEC. 6301. NATIVE AMERICAN TOURISM GRANT PROGRAMS.

       The Native American Tourism and Improving Visitor 
     Experience Act (25 U.S.C. 4351 et seq.) is amended--
       (1) by redesignating section 6 (25 U.S.C. 4355) as section 
     7; and
       (2) by inserting after section 5 (25 U.S.C. 4354) the 
     following:

     ``SEC. 6. NATIVE AMERICAN TOURISM GRANT PROGRAMS.

       ``(a) Bureau of Indian Affairs Program.--The Director of 
     the Bureau of Indian Affairs may make grants to and enter 
     into agreements with Indian tribes and tribal organizations 
     to carry out the purposes of this Act, as described in 
     section 2.

[[Page S5870]]

       ``(b) Office of Native Hawaiian Relations.--The Director of 
     the Office of Native Hawaiian Relations may make grants to 
     and enter into agreements with Native Hawaiian organizations 
     to carry out the purposes of this Act, as described in 
     section 2.
       ``(c) Other Federal Agencies.--The heads of other Federal 
     agencies, including the Secretaries of Commerce, 
     Transportation, Agriculture, Health and Human Services, and 
     Labor, may make grants under this authority to and enter into 
     agreements with Indian tribes, tribal organizations, and 
     Native Hawaiian organizations to carry out the purposes of 
     this Act, as described in section 2.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary.''.

                  TITLE LXIV--BLACKWATER TRADING POST

     SEC. 6401. SHORT TITLE.

       This title may be cited as the ``Blackwater Trading Post 
     Land Transfer Act''.

     SEC. 6402. DEFINITIONS.

       In this title:
       (1) Blackwater trading post land.--The term ``Blackwater 
     Trading Post Land'' means the approximately 55.3 acres of 
     land as depicted on the map that--
       (A) is located in Pinal County, Arizona, and bordered by 
     Community land to the east, west, and north and State Highway 
     87 to the south; and
       (B) is owned by the Community.
       (2) Community.--The term ``Community'' means the Gila River 
     Indian Community of the Reservation.
       (3) Map.--The term ``map'' means the map entitled ``Results 
     of Survey, Ellis Property, A Portion of the West \1/2\ of 
     Section 12, Township 5 South, Range 7 East, Gila and Salt 
     River Meridian, Pinal County, Arizona'' and dated October 15, 
     2012.
       (4) Reservation.--The term ``Reservation'' means the land 
     located within the exterior boundaries of the reservation 
     created under sections 3 and 4 of the Act of February 28, 
     1859 (11 Stat. 401, chapter LXVI), and Executive orders of 
     August 31, 1876, June 14, 1879, May 5, 1882, November 15, 
     1883, July 31, 1911, June 2, 1913, August 27, 1914, and July 
     19, 1915, and any other lands placed in trust for the benefit 
     of the Community.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 6403. LAND TAKEN INTO TRUST FOR BENEFIT OF THE GILA 
                   RIVER INDIAN COMMUNITY.

       (a) In General.--The Secretary shall take the Blackwater 
     Trading Post Land into trust for the benefit of the 
     Community, after the Community--
       (1) conveys to the Secretary all right, title, and interest 
     of the Community in and to the Blackwater Trading Post Land;
       (2) submits to the Secretary a request to take the 
     Blackwater Trading Post Land into trust for the benefit of 
     the Community;
       (3) conducts a survey (to the satisfaction of the 
     Secretary) to determine the exact acreage and legal 
     description of the Blackwater Trading Post Land, if the 
     Secretary determines a survey is necessary; and
       (4) pays all costs of any survey conducted under paragraph 
     (3).
       (b) Availability of Map.--Not later than 180 days after the 
     Blackwater Trading Post Land is taken into trust under 
     subsection (a), the map shall be on file and available for 
     public inspection in the appropriate offices of the 
     Secretary.
       (c) Lands Taken Into Trust Part of Reservation.--After the 
     date on which the Blackwater Trading Post Land is taken into 
     trust under subsection (a), the land shall be treated as part 
     of the Reservation.
       (d) Gaming.--Class II and class III gaming under the Indian 
     Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not be 
     allowed at any time on the land taken into trust under 
     subsection (a).
       (e) Description.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall cause the full 
     metes-and-bounds description of the Blackwater Trading Post 
     Land to be published in the Federal Register.
       (2) Treatment.--The description under paragraph (1) shall, 
     on publication, constitute the official description of the 
     Blackwater Trading Post Land.
                                 ______