[Congressional Record Volume 168, Number 198 (Tuesday, December 20, 2022)]
[Senate]
[Pages S9649-S9657]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6579. Mr. TILLIS (for himself and Mr. Burr) submitted an amendment
intended to be proposed to amendment SA 6552 proposed by Mr. Leahy to
the bill H.R. 2617, to amend section 1115 of title 31, United States
Code, to amend the description of how performance goals are achieved,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of the amendment, add the following:
DIVISION KK--INDIAN AFFAIRS MATTERS
TITLE I--LUMBEE TRIBE OF NORTH CAROLINA RECOGNITION ACT OF 2022
SEC. 101. SHORT TITLE.
This title may be cited as the ``Lumbee Tribe of North
Carolina Recognition Act of 2022''.
SEC. 102. FEDERAL RECOGNITION.
The Act of June 7, 1956 (70 Stat. 254, chapter 375), is
amended--
(1) by striking section 2;
(2) in the first sentence of the first section, by striking
``That the Indians'' and inserting the following:
``SEC. 3. DESIGNATION OF LUMBEE INDIANS.
``The Indians'';
(3) in the preamble--
(A) by inserting before the first undesignated clause the
following:
``SECTION 1. FINDINGS.
``Congress finds that--'';
(B) by designating the undesignated clauses as paragraphs
(1) through (4), respectively, and indenting appropriately;
(C) by striking ``Whereas'' each place it appears;
(D) by striking ``and'' after the semicolon at the end of
each of paragraphs (1) and (2) (as so designated); and
(E) in paragraph (4) (as so designated), by striking ``:
Now, therefore,'' and inserting a period;
(4) by moving the enacting clause so as to appear before
section 1 (as so designated);
(5) by striking the last sentence of section 3 (as
designated by paragraph (2));
(6) by inserting before section 3 (as designated by
paragraph (2)) the following:
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(2) Tribe.--The term `Tribe' means the Lumbee Tribe of
North Carolina or the Lumbee Indians of North Carolina.'';
and
(7) by adding at the end the following:
``SEC. 4. FEDERAL RECOGNITION.
``(a) In General.--Federal recognition is extended to the
Tribe (as designated as petitioner number 65 by the Office of
Federal Acknowledgment).
``(b) Applicability of Laws.--All laws and regulations of
the United States of general application to Indians and
Indian tribes shall apply to the Tribe and its members.
``(c) Petition for Acknowledgment.--Notwithstanding section
3, any group of Indians in Robeson and adjoining counties,
North Carolina, whose members are not enrolled in the Tribe
(as determined under section 5(d)) may petition under part 83
of title 25 of the Code of Federal Regulations for
acknowledgment of tribal existence.
``SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES.
``(a) In General.--The Tribe and its members shall be
eligible for all services and benefits provided by the
Federal Government to federally recognized Indian tribes.
``(b) Service Area.--For the purpose of the delivery of
Federal services and benefits described in subsection (a),
those members of the Tribe residing in Robeson, Cumberland,
Hoke, and Scotland counties in North Carolina shall be deemed
to be residing on or near an Indian reservation.
``(c) Determination of Needs.--On verification by the
Secretary of a tribal roll under subsection (d), the
Secretary and the Secretary of Health and Human Services
shall--
``(1) develop, in consultation with the Tribe, a
determination of needs to provide the services for which
members of the Tribe are eligible; and
``(2) after the tribal roll is verified, each submit to
Congress a written statement of those needs.
``(d) Tribal Roll.--
``(1) In general.--For purpose of the delivery of Federal
services and benefits described in subsection (a), the tribal
roll in effect on the date of enactment of this section
shall, subject to verification by the Secretary, define the
service population of the Tribe.
``(2) Verification limitation and deadline.--The
verification by the Secretary under paragraph (1) shall--
``(A) be limited to confirming documentary proof of
compliance with the membership criteria set out in the
constitution of the Tribe adopted on November 16, 2001; and
``(B) be completed not later than 2 years after the
submission of a digitized roll with supporting documentary
proof by the Tribe to the Secretary.
``SEC. 6. AUTHORIZATION TO TAKE LAND INTO TRUST.
``(a) In General.--Notwithstanding any other provision of
law, the Secretary is hereby authorized to take land into
trust for the benefit of the Tribe.
``(b) Treatment of Certain Land.--An application to take
into trust land located within Robeson County, North
Carolina, under this section shall be treated by the
Secretary as an `on reservation' trust acquisition under part
151 of title 25, Code of Federal Regulations (or a successor
regulation).
``SEC. 7. JURISDICTION OF STATE OF NORTH CAROLINA.
``(a) In General.--With respect to land located within the
State of North Carolina that is owned by, or held in trust by
the United States for the benefit of, the Tribe, or any
dependent Indian community of the Tribe, the State of North
Carolina shall exercise jurisdiction over--
``(1) all criminal offenses that are committed; and
``(2) all civil actions that arise.
``(b) Transfer of Jurisdiction.--
``(1) In general.--Subject to paragraph (2), the Secretary
may accept on behalf of the United States, after consulting
with the Attorney General of the United States, any transfer
by the State of North Carolina to the United States of any
portion of the jurisdiction of the State of North Carolina
described in subsection (a) over Indian country occupied by
the Tribe pursuant to an agreement between the Tribe and the
State of North Carolina.
``(2) Restriction.--A transfer of jurisdiction described in
paragraph (1) may not take effect until 2 years after the
effective date of the agreement described in that paragraph.
``(c) Effect.--Nothing in this section affects the
application of section 109 of the Indian Child Welfare Act of
1978 (25 U.S.C. 1919).
``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this Act.
``SEC. 9. SHORT TITLE.
``This Act may be cited as the `Lumbee Tribe of North
Carolina Recognition Act'.''.
TITLE II--TRIBAL TRUST LAND HOMEOWNERSHIP ACT OF 2022
SEC. 201. SHORT TITLE.
This title may be cited as the ``Tribal Trust Land
Homeownership Act of 2022''.
SEC. 202. 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 203(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.
[[Page S9650]]
(10) Right-of-way document.--The term ``right-of-way
document'' has the meaning 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. 203. 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 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. 204. 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.
[[Page S9651]]
(b) Functions.--The Realty Ombudsman shall--
(1) ensure that the applicable Bureau offices are meeting
the mortgage review and processing deadlines established by
section 203(a);
(2) ensure that the applicable Bureau offices comply with
the notices required under subsections (a) and (b) of section
203;
(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 III--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
REAUTHORIZATION ACT OF 2022
SEC. 301. SHORT TITLE.
This title may be cited as the ``Native American Housing
Assistance and Self-Determination Reauthorization Act of
2022''.
SEC. 302. 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 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. 303. 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. 304. 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. 305. 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. 306. PROGRAM REQUIREMENTS.
Section 203(a) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4133(a)) (as
amended by section 305) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Application of tribal policies.--Paragraph (3) shall
not apply if--
``(A) the recipient has a written policy governing rents
and homebuyer payments charged for dwelling units; and
``(B) that policy includes a provision governing maximum
rents or homebuyer payments, including tenant protections.'';
and
(4) in paragraph (3) (as so redesignated), by striking ``In
the case of'' and inserting ``In the absence of a written
policy governing rents and homebuyer payments, in the case
of''.
SEC. 307. 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. 308. 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. 309. 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. 310. 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. 311. 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.
[[Page S9652]]
``(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. 312. 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. 313. 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. 314. 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. 315. 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 and inserting ``such
sums as may be necessary for each of fiscal years 2023
through 2033.''.
SEC. 316. 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. 317. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS.
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).''.
SEC. 318. 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. 319. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.
(a) In General.--Section 184(b)(4) of the Housing and
Community Development Act of 1992 (12 U.S.C. 1715z-13a(b)(4))
is amended by--
(1) redesignating subparagraphs (A) through (D) as clauses
(i) through (iv), respectively, and adjusting the margins
accordingly;
(2) by striking ``The loan'' and inserting the following:
``(A) In general.--The loan'';
(3) 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
(4) 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.''.
(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. 320. 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 (c)(4)(B)--
(A) by redesignating clause (iv) as clause (v); and
(B) 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
(2) 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. 321. ASSISTANT SECRETARY FOR INDIAN HOUSING.
The Department of Housing and Urban Development Act (42
U.S.C. 3531 et seq.) is amended--
(1) in section 4 (42 U.S.C. 3533)--
[[Page S9653]]
(A) in subsection (a)(1), by striking ``7'' and inserting
``8''; and
(B) in subsection (e)--
(i) by redesignating paragraph (2) as paragraph (4); and
(ii) by striking ``(e)(1)(A) There'' and all that follows
through the end of paragraph (1) and inserting the following:
``(e)(1) There is established within the Department the
Office of Native American Programs (in this subsection
referred to as the `Office') to be headed by an Assistant
Secretary for Native American Programs (in this subsection
referred to as the `Assistant Secretary'), who shall be 1 of
the Assistant Secretaries in subsection (a)(1).
``(2) The Assistant Secretary shall be responsible for--
``(A) administering, in coordination with the relevant
office in the Department, the provision of housing assistance
to Indian tribes or Indian housing authorities under each
program of the Department that provides for such assistance;
``(B) administering the community development block grant
program for Indian tribes under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.)
and the provision of assistance to Indian tribes under such
Act;
``(C) directing, coordinating, and assisting in managing
any regional offices of the Department that administer Indian
programs to the extent of such programs; and
``(D) coordinating all programs of the Department relating
to Indian and Alaska Native housing and community
development.
``(3) The Secretary shall include in the annual report
under section 8 a description of the extent of the housing
needs for Indian families and community development needs of
Indian tribes in the United States and the activities of the
Department, and extent of such activities, in meeting such
needs.''; and
(2) in section 8 (42 U.S.C. 3536), by striking ``section
4(e)(2)'' and inserting ``section 4(e)(4)''.
SEC. 322. 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 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 subsection,
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 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 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 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 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. 323. 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
[[Page S9654]]
``(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.
``(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. 324. 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 IV--URBAN INDIAN HEALTH CONFER ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Urban Indian Health Confer
Act''.
SEC. 402. 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 V--TECHNICAL CORRECTION TO THE SHOSHONE-PAIUTE TRIBES OF THE DUCK
VALLEY RESERVATION WATER RIGHTS SETTLEMENT ACT OF 2022
SEC. 501. 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. 502. 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 VI--NATIVE AMERICAN CHILD PROTECTION ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Native American Child
Protection Act''.
SEC. 602. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE
PREVENTION ACT AMENDMENTS.
The Indian Child Protection and Family Violence Prevention
Act (25 U.S.C. 3202 et seq.) is amended as follows:
(1) By amending section 403(3)(A) (25 U.S.C. 3202(3)(A)) to
read as follows:
``(A) in any case in which--
``(i)(I) a child is dead or exhibits evidence of skin
bruising, bleeding, malnutrition, failure to thrive, burns,
fracture of any bone, subdural hematoma, soft tissue
swelling; and
``(II) such condition is not justifiably explained or may
not be the product of an accidental occurrence; or
``(ii) a child is subjected to sexual assault, sexual
molestation, sexual exploitation, sexual contact, or
prostitution;''.
(2) In section 409 (25 U.S.C. 3208)--
(A) in subsection (a)--
(i) by striking ``The Secretary of Health and Human
Services, acting through the Service and in cooperation with
the Bureau'' and inserting ``The Service, in cooperation with
the Bureau''; and
(ii) by striking ``sexual abuse'' and inserting ``abuse or
neglect'';
(B) in subsection (b) through the end of the section, by
striking ``Secretary of Health and Human Services'' each
place it appears and inserting ``Service'';
[[Page S9655]]
(C) in subsection (b)(1), by inserting after ``Any Indian
tribe or intertribal consortium'' the following: ``, on its
own or in partnership with an urban Indian organization,'';
(D) in subsections (b)(2)(B) and (d), by striking ``such
Secretary'' each place it appears and inserting ``the
Service'';
(E) by amending subsection (c) to read as follows:
``(c) Culturally Appropriate Treatment.--In awarding grants
under this section, the Service shall encourage the use of
culturally appropriate treatment services and programs that
respond to the unique cultural values, customs, and
traditions of applicant Indian Tribes.'';
(F) in subsection (d)(2), by striking ``the Secretary'' and
inserting ``the Service'';
(G) by redesignating subsection (e) as subsection (f);
(H) by inserting after subsection (d) the following:
``(e) Report.--Not later than 2 years after the date of the
enactment of the Native American Child Protection Act, the
Service shall submit a report to Congress on the award of
grants under this section. The report shall contain--
``(1) a description of treatment and services for which
grantees have used funds awarded under this section; and
``(2) any other information that the Service requires.'';
and
(I) by amending subsection (f) (as so redesignated by
subparagraph (G) of this paragraph), to read as follows:
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$30,000,000 for each of fiscal years 2023 through 2028.''.
(3) In section 410 (25 U.S.C. 3209)--
(A) in the heading--
(i) by inserting ``national'' before ``indian''; and
(ii) by striking ``centers'' and inserting ``center'';
(B) by amending subsections (a) and (b) to read as follows:
``(a) Establishment.--Not later than 1 year after the date
of the enactment of the Native American Child Protection Act,
the Secretary shall establish a National Indian Child
Resource and Family Services Center.
``(b) Report.--Not later than 2 years after the date of the
enactment of the Native American Child Protection Act, the
Secretary of the Interior, acting through the Bureau of
Indian Affairs, shall submit a report to Congress on the
status of the National Indian Child Resource and Family
Services Center.'';
(C) in subsection (c)--
(i) by striking ``Each'' and inserting ``The''; and
(ii) by striking ``multidisciplinary'';
(D) in subsection (d)--
(i) in the text before paragraph (1), by striking ``Each''
and inserting ``The'';
(ii) in paragraph (1), by striking ``and inter-tribal
consortia'' and inserting ``inter-tribal consortia, and urban
Indian organizations'';
(iii) in paragraph (2), by inserting ``urban Indian
organizations,'' after ``tribal organizations,'';
(iv) in paragraph (3)--
(I) by inserting ``and technical assistance'' after
training; and
(II) by striking ``and to tribal organizations'' and
inserting ``, Tribal organizations, and urban Indian
organizations'';
(v) in paragraph (4)--
(I) by inserting ``, State,'' after ``Federal''; and
(II) by striking ``and tribal'' and inserting ``Tribal, and
urban Indian''; and
(vi) by amending paragraph (5) to read as follows:
``(5) develop model intergovernmental agreements between
Tribes and States, and other materials that provide examples
of how Federal, State, and Tribal governments can develop
effective relationships and provide for maximum cooperation
in the furtherance of prevention, investigation, treatment,
and prosecution of incidents of family violence and child
abuse and child neglect involving Indian children and
families.''; and
(E) in subsection (e)--
(i) in the heading, by striking ``Multidisciplinary Team''
and inserting ``Team'';
(ii) in the text before paragraph (1), by striking ``Each
multidisciplinary'' and inserting ``The''; and
(F) by amending subsections (f), (g), and (h) to read as
follows:
``(f) Center Advisory Board.--The Secretary shall establish
an advisory board to advise and assist the National Indian
Child Resource and Family Services Center in carrying out its
activities under this section. The advisory board shall
consist of 12 members appointed by the Secretary from Indian
Tribes, Tribal organizations, and urban Indian organizations
with expertise in child abuse and child neglect. Members
shall serve without compensation, but may be reimbursed for
travel and other expenses while carrying out the duties of
the board. The advisory board shall assist the Center in
coordinating programs, identifying training and technical
assistance materials, and developing intergovernmental
agreements relating to family violence, child abuse, and
child neglect.
``(g) Application of Indian Self-Determination Act to the
Center.--The National Indian Child Resource and Family
Services Center shall be subject to the provisions of the
Indian Self-Determination Act. The Secretary may also
contract for the operation of the Center with a nonprofit
Indian organization governed by an Indian-controlled board of
directors that have substantial experience in child abuse,
child neglect, and family violence involving Indian children
and families.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$3,000,000 for each of fiscal years 2023 through 2028.''.
(4) In section 411 (25 U.S.C. 3210)--
(A) in subsection (d)--
(i) in paragraph (1)--
(I) in subparagraph (A), by striking ``abuse and child
neglect'' and inserting ``abuse, neglect, or both'';
(II) in subparagraph (B), by striking ``and'' at the end;
and
(III) by inserting after subparagraph (C), the following:
``(D) development of agreements between Tribes, States, or
private agencies on the coordination of child abuse and
neglect prevention, investigation, and treatment services;
``(E) child protective services operational costs including
transportation, risk and protective factors assessments,
family engagement and kinship navigator services, and
relative searches, criminal background checks for prospective
placements, and home studies; and
``(F) development of a Tribal child protection or
multidisciplinary team to assist in the prevention and
investigation of child abuse and neglect;'';
(ii) in paragraph (2)--
(I) in subparagraph (A), by inserting ``in culturally
appropriate ways'' after ``incidents of family violence'';
and
(II) in subparagraph (C), by inserting ``that may include
culturally appropriate programs'' after ``training
programs''; and
(iii) in paragraph (3)--
(I) in subparagraph (A), by inserting ``and neglect'' after
``abuse''; and
(II) in subparagraph (B), by striking ``cases, to the
extent practicable,'' and inserting ``and neglect cases'';
(B) in subsection (f)--
(i) in paragraph (2), by striking ``develop, in
consultation with Indian tribes, appropriate caseload
standards and staffing requirements which are comparable to
standards developed by the National Association of Social
Work, the Child Welfare League of America and other
professional associations in the field of social work and
child welfare'' and inserting ``develop, not later than one
year after the date of the enactment of the Native American
Child Protection Act, in consultation with Indian Tribes,
appropriate caseload standards and staffing requirements'';
(ii) in paragraph (3)(D), by striking ``sexual abuse'' and
inserting ``abuse and neglect, high incidence of family
violence'';
(iii) by amending paragraph (4) to read as follows:
``(4) The formula established pursuant to this subsection
shall provide funding necessary to support not less than one
child protective services or family violence caseworker,
including fringe benefits and support costs, for each Indian
Tribe.''; and
(iv) in paragraph (5), by striking ``tribes'' and inserting
``Indian Tribes'';
(C) by amending subsection (g) to read as follows:
``(g) Report.--Not later than 2 years after the date of the
enactment of the Native American Child Protection Act, the
Secretary of the Interior, acting through the Bureau of
Indian Affairs, shall submit a report to Congress on the
award of grants under this section. The report shall
contain--
``(1) a description of treatment and services for which
grantees have used funds awarded under this section; and
``(2) any other information that the Secretary of the
Interior requires.''; and
(D) by amending subsection (i) to read as follows:
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$60,000,000 for each of fiscal years 2023 through 2028.''.
TITLE VII--NATIVE AMERICAN DIRECT LOAN IMPROVEMENT ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ``Native American Direct
Loan Improvement Act''.
SEC. 702. IMPROVEMENTS TO PROGRAM FOR DIRECT HOUSING LOANS
MADE TO NATIVE AMERICAN VETERANS BY THE
SECRETARY OF VETERANS AFFAIRS.
(a) Direct Loans to Native American Veterans To Refinance
Existing Mortgage Loans.--Section 3762(h)(1) of title 38,
United States Code, is amended by inserting ``and existing
mortgage loans'' after ``section''.
(b) Expansion of Outreach Program on Availability of Direct
Housing Loans for Native American Veterans.--Section
3762(i)(2) of such title is amended by adding at the end the
following new subparagraph:
``(G) Awarding grants to local service providers, such as
tribal organizations, tribally designated housing entities,
Native community development financial institutions, and
nonprofit organizations, for conducting outreach, homebuyer
education, housing counseling, risk mitigation, and other
technical assistance as needed to assist Native American
veterans seeking to qualify for mortgage financing.''.
(c) Definitions.--Section 3765 of such title is amended by
adding at the end the following new paragraphs:
``(6) The term `community development financial
institution' has the meaning given
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that term in section 103 of the Community Development Banking
and Financial Institutions Act of 1994 (12 U.S.C. 4702).
``(7) The term `Native community development financial
institution' means any entity--
``(A) that has been certified as a community development
financial institution by the Secretary of the Treasury;
``(B) that is not less than 50 percent owned or controlled
by Indians, Alaska natives, or native Hawaiians; and
``(C) for which not less than 50 percent of the activities
of the entity serve Indians, Alaska natives, or native
Hawaiians.
``(8) The term `tribally designated housing entity' has the
meaning given that term in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103).''.
SEC. 703. PILOT PROGRAM ON RELENDING OF DIRECT HOUSING LOANS
BY NATIVE COMMUNITY DEVELOPMENT FINANCIAL
INSTITUTIONS.
(a) Definitions.--In this section--
(1) the term ``Alaska Native'' has the meaning given the
term ``Native'' in section 3(b) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(b));
(2) the term ``community development financial
institution'' has the meaning given the term in section 103
of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4702);
(3) the term ``Indian Tribe'' has the meaning given the
term ``Indian tribe'' in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103);
(4) the term ``Native American veteran'' has the meaning
given the term in section 3765 of title 38, United States
Code;
(5) the term ``Native community development financial
institution'' means an entity--
(A) that has been certified as a community development
financial institution by the Secretary of the Treasury;
(B) that is not less than 50 percent owned or controlled by
members of Indian Tribes, Alaska Native communities, or
Native Hawaiian communities; and
(C) for which not less than 50 percent of the activities of
the entity serve Indian Tribes, Alaska Native communities, or
Native Hawaiian communities;
(6) the term ``Native Hawaiian'' has the meaning given the
term in section 801 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4221);
(7) the term ``pilot program'' means the pilot program
carried out under this section;
(8) the term ``priority Tribal land'' means--
(A) any land located within the boundaries of--
(i) an Indian reservation, pueblo, or rancheria; or
(ii) a former reservation within Oklahoma;
(B) any land not located within the boundaries of an Indian
reservation, pueblo, or rancheria, the title to which is
held--
(i) in trust by the United States for the benefit of an
Indian Tribe or an individual Indian;
(ii) by an Indian Tribe or an individual Indian, subject to
restriction against alienation under laws of the United
States; or
(iii) by a dependent Indian community;
(C) any land located within a region established pursuant
to section 7(a) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1606(a));
(D) Hawaiian Home Lands, as defined in section 801 of the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4221); or
(E) those areas or communities designated by the Assistant
Secretary of Indian Affairs of the Department of the Interior
that are near, adjacent, or contiguous to reservations where
financial assistance and social service programs are provided
to Indians because of their status as Indians; and
(9) the term ``qualified non-Native American veteran'' has
the meaning given the term in section 3765 of title 38,
United States Code.
(b) Establishment.--The Secretary of Veterans Affairs shall
carry out a pilot program to assess the feasibility and
advisability of making direct housing loans to Native
community development financial institutions to allow such
institutions to relend loan amounts to qualified Native
American veterans and qualified non-Native American veterans.
(c) Application Requirements.--A Native community
development financial institution desiring a loan under the
pilot program shall demonstrate that the institution--
(1) can provide the non-Federal cost share required under
paragraph (6); and
(2) is able to originate and service loans for single
family homes.
(d) Lending Requirements.--A Native community development
financial institution that receives a loan pursuant to the
pilot program shall--
(1) use those amounts to make loans to borrowers who--
(A) are members of an Indian Tribe, an Alaska Native
community, or a Native Hawaiian community; or
(B) maintain a household in which not less 1 member is a
member of an Indian Tribe, an Alaska Native community, or a
Native Hawaiian community; and
(2) in making loans under paragraph (1), give priority to
borrowers described in that paragraph who are residing on
priority Tribal land.
(e) Interest Rate.--A loan made to a Native community
development financial institution under the pilot program
shall bear interest at a rate of 1 percent.
(f) Non-Federal Cost Share.--
(1) In general.--A Native community development financial
institution that receives a loan under the pilot program
shall be required to match not less than 20 percent of the
amount received.
(2) Waiver.--In the case of a loan for which amounts are
used to make loans to borrowers described in subsection
(d)(2), the Secretary shall waive the non-Federal cost share
requirement described in paragraph (1) with respect to those
loan amounts.
(g) Repayment.--A Native community development financial
institution shall repay a loan made under the pilot program
to the Secretary of Veterans Affairs.
(h) Funding.--Of amounts made available, for the fiscal
year following the fiscal year in which this Act is enacted,
for the program for direct housing loans for Native American
veterans under subchapter V of chapter 37 of title 38, United
States Code, the Secretary of Veterans Affairs may use
$5,000,000 to carry out the pilot program.
TITLE VIII--SILETZ RESERVATION ACT AMENDMENT
SEC. 801. SILETZ RESERVATION ACT AMENDMENT.
Section 4 of Public Law 96-340 (commonly known as the
``Siletz Reservation Act'') (96 Stat. 1074) is amended to
read as follows:
``SEC. 4. HUNTING, FISHING, TRAPPING, AND ANIMAL GATHERING.
``(a) Definitions.--In this section:
``(1) Consent decree.--The term `Consent Decree' means the
final judgment and decree of the United States District Court
for the District of Oregon, in the action entitled
`Confederated Tribes of Siletz Indians of Oregon against
State of Oregon', entered on May 2, 1980.
``(2) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(3) Siletz agreement.--The term `Siletz Agreement' means
the agreement entitled `Agreement Among the State of Oregon,
the United States of America and the Confederated Tribes of
the Siletz Indians of Oregon to Permanently Define Tribal
Hunting, Fishing, Trapping, and Gathering Rights of the
Siletz Tribe and its Members' and entered into by the United
States on April 22, 1980.
``(b) Hunting, Fishing, Trapping, and Animal Gathering
Agreements.--
``(1) In general.--The Siletz Agreement shall remain in
effect until and unless replaced, amended, or otherwise
modified by 1 or more successor government-to-government
agreements between the Confederated Tribes of Siletz Indians
and the State of Oregon relating to the hunting, fishing,
trapping, and animal gathering rights of the Confederated
Tribes of Siletz Indians.
``(2) Amendments.--The Siletz Agreement or any successor
agreement entered into under paragraph (1) may be amended
from time to time by mutual consent of the Confederated
Tribes of Siletz Indians and the State of Oregon.
``(c) Judicial Review.--In any action brought in the United
States District Court for the District of Oregon to rescind,
overturn, modify, or provide relief under Federal law from
the Consent Decree, the United States District Court for the
District of Oregon shall review the application of the
parties on the merits without regard to the defense of res
judicata or collateral estoppel.
``(d) Effect.--Nothing in this section enlarges, confirms,
adjudicates, affects, or modifies any treaty or other right
of an Indian Tribe.''.
TITLE IX--CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION LEASING
AUTHORITY
SEC. 901. 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 X--AGUA CALIENTE LAND EXCHANGE FEE TO TRUST CONFIRMATION ACT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Agua Caliente Land
Exchange Fee to Trust Confirmation Act''.
SEC. 1002. LANDS TO BE TAKEN INTO TRUST.
(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) Lands Part of Reservation.--Lands taken into trust by
this section shall be part of the Tribe's reservation and
shall be administered in accordance with the laws and
regulations generally applicable to property held in trust by
the United States for an Indian Tribe.
(c) Gaming Prohibited.--Lands taken into trust by this
section for the benefit of the
[[Page S9657]]
Agua Caliente Band of Cahuilla Indians shall not be eligible
for gaming under the Indian Gaming Regulatory Act (25 U.S.C.
2701 et seq.).
TITLE XI--NATIVE AMERICAN TOURISM GRANT PROGRAMS
SEC. 1101. 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.
``(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 XII--EXTENSION OF, AND ADDITIONAL SUPPORT FOR THE ACTIVITIES OF,
THE DEPARTMENT OF THE INTERIOR AND THE DEPARTMENT OF JUSTICE JOINT
COMMISSION ON REDUCING VIOLENT CRIME AGAINST INDIANS
SEC. 1201. EXTENSION OF, AND ADDITIONAL SUPPORT FOR THE
ACTIVITIES OF, THE DEPARTMENT OF THE INTERIOR
AND THE DEPARTMENT OF JUSTICE JOINT COMMISSION
ON REDUCING VIOLENT CRIME AGAINST INDIANS.
(a) Extension of Commission and Activities of the
Commission.--Section 4 of the Not Invisible Act of 2019
(Public Law 116-166; 134 Stat. 767) is amended--
(1) in subsection (c)(2)(B), by striking ``18 months after
the enactment'' and inserting ``36 months after the date of
enactment''; and
(2) in subsection (e), by striking ``2 years'' and
inserting ``42 months''.
(b) Additional Support for Activities of Commission.--
Section 4(b) of the Not Invisible Act of 2019 (Public Law
116-166; 134 Stat. 767) is amended--
(1) in the subsection heading, by inserting ``; Operation''
after ``Membership''; and
(2) by adding at the end the following:
``(7) Funding.--The Secretary of the Interior and the
Attorney General shall contribute the funds necessary for the
operation of the Commission.
``(8) Gifts.--The Commission may accept and use gifts or
donations of services or property from Indian tribes or
Tribal entities, academic institutions, or other not-for-
profit organizations as it considers necessary to carry out
the duties of the Commission described in subsection (c).''.
______