[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2731-S2734]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 629. Mr. SCHATZ (for himself and Ms. Murkowski) submitted an
amendment intended to be proposed by him to the bill S. 2226, to
authorize appropriations for fiscal year 2024 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 F--INDIAN AFFAIRS
TITLE XLI--URBAN INDIAN ORGANIZATION CONFER POLICY
SEC. 6101. URBAN INDIAN ORGANIZATION CONFER POLICY.
Section 514 of the Indian Health Care Improvement Act (25
U.S.C. 1660d) is amended by striking subsection (b) and
inserting the following:
``(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 XLII--NATIVE AMERICAN TOURISM GRANT PROGRAMS
SEC. 6201. 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 is authorized
to be appropriated to carry out this section $35,000,000 for
the period of fiscal years 2024 through 2028.''.
TITLE XLIII--TRANSFER OF LAND IN TRUST FOR THE PALA BAND OF MISSION
INDIANS
SEC. 6301. TRANSFER OF LAND IN TRUST FOR THE PALA BAND OF
MISSION INDIANS.
(a) Transfer and Administration.--
(1) Transfer of lands into trust.--If, not later than 180
days after the date of the enactment of this Act, the Tribe
transfers title to the land referred to in subsection (b) to
the United States, the Secretary, not later than 180 days
after such transfer, shall take that land into trust for the
benefit of the Tribe.
(2) Administration.--The land transferred under paragraph
(1) shall be part of the Pala Indian 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.
(b) Land Description.--The land referred to in subsection
(a)(1) is the approximately 721.12 acres of land located in
San Diego County, California, generally depicted as ``Gregory
Canyon Property Boundary'' on the map titled ``Pala Gregory
Canyon Property Boundary and Parcels''.
(c) 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 that is 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; or
(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.
(d) Restricted Use of Transferred Lands.--The Tribe may not
conduct, on the land taken into trust for the Tribe pursuant
to this title, gaming activities--
(1) as a matter of claimed inherent authority; or
(2) under any Federal law, including the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) and regulations
promulgated by the Secretary or the National Indian Gaming
Commission under that Act.
(e) Definitions.--For the purposes of this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Tribe.--The term ``Tribe'' means the Pala Band of
Mission Indians.
TITLE XLIV--MODIFICATION OF TRIBAL LEASES AND RIGHTS-OF-WAY ACROSS
INDIAN LAND
SEC. 6401. MODIFICATION OF TRIBAL LEASES AND RIGHTS-OF-WAY
ACROSS INDIAN LAND.
(a) Extension of Tribal Lease Period.--The first section of
the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25
U.S.C. 415) (commonly known as the ``Long-Term Leasing
Act''), is amended--
(1) by striking ``That (a)'' and all that follows through
the end of subsection (a) and inserting the following:
``SECTION 1. LEASES OF RESTRICTED LAND.
``(a) Authorized Purposes; Term; Approval by Secretary.--
``(1) In general.--Any restricted Indian lands, regardless
of whether that land is tribally or individually owned, may
be leased by the Indian owner of the land, with the approval
of the Secretary, for--
``(A) a public, religious, educational, recreational,
residential, business, or grazing purposes; or
``(B) a farming purpose that requires the making of a
substantial investment in the improvement of the land for the
production of 1 or more specialized crops as determined by
the Secretary.
``(2) Inclusions.--A lease under paragraph (1) may include
the development or use of natural resources in connection
with operations under that lease.
``(3) Term.--
``(A) In general.--Except as provided in subparagraph (B),
a lease under paragraph (1)
[[Page S2732]]
shall be for a term of not more than 99 years, including any
renewals.
``(B) Exception for grazing purposes.--A lease under
paragraph (1) for grazing purposes may be for a term of not
more than 10 years, including any renewals.
``(4) Requirement.--Each lease and renewal under this
subsection shall be made in accordance with such terms and
regulations as may be prescribed by the Secretary.
``(5) Conditions for approval.--Before the approval of any
lease or renewal of an existing lease pursuant to this
subsection, the Secretary shall determine that adequate
consideration has been given to--
``(A) relationship between the use of the leased lands and
the use of neighboring land;
``(B) the height, quality, and safety of any structures or
other facilities to be constructed on the leased land;
``(C) the availability of police and fire protection and
other services on the leased land;
``(D) the availability of judicial forums for all criminal
and civil causes of action arising on the leased land; and
``(E) the effects on the environment of the uses to which
the leased lands will be subject.'';
(2) in subsection (b)--
(A) by striking ``(b) Any lease'' and inserting the
following:
``(b) Exception for Secretary Approval.--Any lease'';
(B) by striking ``of the Interior'' each place it appears;
and
(C) by striking ``clause (3)'' and inserting ``paragraph'';
(3) by redesignating subsections (a), (b), (c), and (d) as
subsections (b), (c), (d), and (a), respectively, and moving
the subsections so as to appear in alphabetical order; and
(4) by striking ``subsection (a)'' each place it appears
and inserting ``subsection (b)''.
(b) Technical Correction.--Section 2 of the Act of August
9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415a) (commonly
known as the ``Long-Term Leasing Act''), is amended by
inserting ``of the Interior'' after ``Secretary'' each place
it appears.
(c) Modification of Rights-of-Way Across Indian Land.--The
first section of the Act of February 5, 1948 (62 Stat. 17,
chapter 45; 25 U.S.C. 323), is amended--
(1) by striking ``That the Secretary of the Interior be,
and he is empowered to'' and inserting the following:
``SECTION 1. RIGHTS-OF-WAY FOR ALL PURPOSES ACROSS INDIAN
LAND.
``(a) Rights-of-Way.--Except as provided in subsection (b),
the Secretary of the Interior may''; and
(2) by adding at the end the following:
``(b) Exception.--A right-of-way granted by an Indian tribe
for the purposes authorized under this section shall not
require the approval of the Secretary of the Interior,
subject to the condition that--
``(1) the right-of-way approval process by the Indian tribe
substantially complies with subsection (h) of the first
section of the Act of August 9, 1955 (69 Stat. 539, chapter
615; 25 U.S.C. 415(h)); or
``(2) the Indian tribe has tribal regulations approved by
the Secretary of the Interior under that subsection.''.
TITLE XLV--KEWEENAW BAY INDIAN COMMUNITY LAND CLAIMS SETTLEMENT
SEC. 6501. FINDINGS.
Congress finds that--
(1) the Keweenaw Bay Indian Community is a federally
recognized Indian Tribe residing on the L'Anse Indian
Reservation in Baraga County in the Upper Peninsula of the
State of Michigan;
(2) the Community is a successor in interest to the Treaty
with the Chippewa Indians of the Mississippi and Lake
Superior, made and concluded at La Pointe of Lake Superior
October 4, 1842 (7 Stat. 591) (referred to in this section as
the ``1842 Treaty''), which, among other things, guaranteed
the usufructuary rights of the Community over a large area of
land that was ceded to the United States, until such time
that those usufructuary rights were properly and legally
extinguished;
(3) the Community is also a successor in interest to the
Treaty with the Chippewa Indians of Lake Superior and the
Mississippi, made and concluded at La Pointe September 30,
1854 (10 Stat. 1109) (referred to in this section as the
``1854 Treaty'');
(4) article 2, paragraph 1 of the 1854 Treaty created the
L'Anse Indian Reservation as a permanent reservation;
(5) pursuant to article 13 of the 1854 Treaty, the 1854
Treaty became ``obligatory on the contracting parties'' when
ratified by the President and the Senate on January 10, 1855;
(6) in 1850, Congress enacted the Act of September 28, 1850
(commonly known and referred to in this section as the
``Swamp Land Act'') (9 Stat. 519, chapter 84), which
authorized the State of Arkansas and other States, including
the State of Michigan, to ``construct the necessary levees
and drains to reclaim'' certain unsold ``swamp and overflowed
lands, made unfit thereby for cultivation'' and stating that
those lands ``shall remain unsold at the passage of this act
. . . .'';
(7) following enactment of the Swamp Land Act, the State
claimed thousands of acres of swamp land in the State
pursuant to that Act;
(8) between 1893 and 1937, the General Land Office patented
2,743 acres of land to the State that were located within the
exterior boundaries of the Reservation (referred to in this
section as ``Reservation Swamp Lands'');
(9) the right of the Community to use and occupy the unsold
land within the Reservation had not been extinguished when
the United States patented the Reservation Swamp Lands to the
State;
(10) in 1852, Congress enacted the Act of August 26, 1852
(10 Stat. 35, chapter 92) (referred to in this section as the
``Canal Land Act''), to facilitate the building of the Sault
Ste. Marie Canal at the Falls of the St. Mary's River, to
connect Lake Superior to Lake Huron;
(11) pursuant to the Canal Land Act, the United States
granted the State the right to select 750,000 acres of unsold
public land within the State to defray the cost of
construction of the Sault Ste. Marie Canal;
(12) the State identified and selected, among other land, a
minimum of 1,333.25 and up to 2,720 acres within the exterior
boundaries of the Reservation (referred to in this section as
the ``Reservation Canal Lands'');
(13) the Department of the Interior approved the land
selections of the State, including the Reservation Canal
Lands, after ratification of the 1854 Treaty;
(14) the Secretary noted that the approval described in
paragraph (13) was ``subject to any valid interfering
rights'';
(15) the 1854 Treaty set apart from the public domain all
unsold land within the Reservation to the Community as of
September 30, 1854, which preceded the date on which the
State established legally effective title to the Reservation
Canal Lands;
(16) the Community made claims to the Department of the
Interior with respect to the Reservation Swamp Lands and the
Reservation Canal Lands, providing legal analysis and
ethnohistorical support for those claims;
(17) in December 2021, the Department of the Interior
stated that ``We have carefully reviewed pertinent documents,
including the Tribe's expert reports, and have determined
that the Tribe's claims to the Swamp Lands and Canal Lands
have merit'';
(18) the United States, through the actions of the General
Land Office, deprived the Community of the exclusive use and
occupancy of the Reservation Swamp Lands and the Reservation
Canal Lands within the Reservation, without just compensation
as required under the Takings Clause of the Fifth Amendment
to the Constitution of the United States;
(19) the loss of the Reservation Swamp Lands and the
Reservation Canal Lands without just compensation has--
(A) impacted the exercise by the Community of cultural,
religious, and subsistence rights on the land;
(B) caused a harmful disconnect between the Community and
its land;
(C) impacted the ability of the Community to fully exercise
its economy within the Reservation; and
(D) had a negative economic impact on the development of
the economy of the Community;
(20) certain non-Indian individuals, entities, and local
governments occupy land within the boundaries of the
Reservation--
(A) acquired ownership interests in the Reservation Swamp
Lands and the Reservation Canal Lands in good faith; and
(B) have an interest in possessing clear title to that
land;
(21) this title allows the United States--
(A) to secure a fair and equitable settlement of past
inequities suffered by the Community as a result of the
actions of the United States that caused the taking of the
Reservation Swamp Lands and the Reservation Canal Lands
without just compensation; and
(B) to ensure protection of the ownership of the
Reservation Swamp Lands and the Reservation Canal Lands by
non-Indian occupants of the Reservation, through the
settlement of the claims of the Community to that land, and
through that action, the relief of any clouds on title;
(22) a settlement will allow the Community to receive just
compensation and the local landowners to obtain clear title
to land, without long and protracted litigation that would be
both costly and detrimental to all involved; and
(23) this title achieves both justice for the Community and
security for current landowners through a restorative and
non-confrontational process.
SEC. 6502. PURPOSES.
The purposes of this title are--
(1) to acknowledge the uncompensated taking by the Federal
Government of the Reservation Swamp Lands and the Reservation
Canal Lands;
(2) to provide compensation to the Community for the
uncompensated taking of the Reservation Swamp Lands and the
Reservation Canal Lands by the Federal Government;
(3) to extinguish all claims by the Community to the
Reservation Swamp Lands and the Reservation Canal Lands and
to confirm the ownership by the current landowners of the
Reservation Swamp Lands and the Reservation Canal Lands, who
obtained that land in good faith;
(4) to extinguish all potential claims by the Community
against the United States, the State, and current landowners
concerning title to, use of, or occupancy of the Reservation
Swamp Lands and the Reservation Canal Lands; and
(5) to authorize the Secretary--
(A) to compensate the Community; and
(B) to take any other action necessary to carry out this
title.
SEC. 6503. DEFINITIONS.
In this title:
[[Page S2733]]
(1) Community.--The term ``Community'' means the Keweenaw
Bay Indian Community.
(2) County.--The term ``County'' means Baraga County,
Michigan.
(3) Reservation.--The term ``Reservation'' means the L'Anse
Indian Reservation, located in--
(A) T. 51 N., R. 33 W.;
(B) T. 51 N., R. 32 W.;
(C) T. 50 N., R. 33 W., E\1/2\;
(D) T. 50 N., R. 32 W., W\1/2\; and
(E) that portion of T. 51 N., R. 31 W. lying west of Huron
Bay.
(4) Reservation canal lands.--The term ``Reservation Canal
Lands'' means the 1,333.25 to 2,720 acres of Community land
located within the exterior boundaries of the Reservation
that the Federal Government conveyed to the State pursuant to
the Act of August 26, 1852 (10 Stat. 35, chapter 92).
(5) Reservation swamp lands.--The term ``Reservation Swamp
Lands'' means the 2,743 acres of land located within the
exterior boundaries of the Reservation that the Federal
Government conveyed to the State between 1893 and 1937
pursuant to the Act of September 28, 1850 (commonly known as
the ``Swamp Land Act'') (sections 2479 through 2481 of the
Revised Statutes (43 U.S.C. 982 through 984)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of Michigan.
SEC. 6504. PAYMENTS.
(a) Transfer of Funds.--As soon as practicable after the
date on which the amount authorized to be appropriated under
subsection (c) is made available to the Secretary, the
Secretary shall transfer $33,900,000 to the Community.
(b) Use of Funds.--
(1) In general.--Subject to paragraph (2), the Community
may use the amount received under subsection (a) for any
lawful purpose, including--
(A) governmental services;
(B) economic development;
(C) natural resources protection; and
(D) land acquisition.
(2) Restriction on use of funds.--The community may not use
the amount received under subsection (a) to acquire land for
gaming purposes.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out subsection
(a) $33,900,000 for fiscal year 2024, to remain available
until expended.
SEC. 6505. EXTINGUISHMENT OF CLAIMS.
(a) In General.--Effective on the date on which the
Community receives the payment under section 6504(a), all
claims of the Community to the Reservation Swamp Lands and
the Reservation Canal Lands owned by persons or entities
other than the Community are extinguished.
(b) Clear Title.--Effective on the date on which the
Community receives the payment under section 6504(a), the
title of all current owners to the Reservation Swamp Lands
and the Reservation Canal Lands is cleared of all preexisting
rights held by the Community and any of the members of the
Community.
SEC. 6506. EFFECT.
Nothing in this title authorizes--
(1) the Secretary to take land into trust for the benefit
of the Community for gaming purposes; or
(2) the Community to use land acquired using amounts
received under this title for gaming purposes.
TITLE XLVI--LAND TO BE TAKEN INTO TRUST FOR THE BENEFIT OF THE PUYALLUP
TRIBE OF THE PUYALLUP RESERVATION
SEC. 6601. LAND TO BE TAKEN INTO TRUST FOR THE BENEFIT OF THE
PUYALLUP TRIBE OF THE PUYALLUP RESERVATION.
(a) In General.--The approximately 17.264 acres of land
owned in fee by the Puyallup Tribe of the Puyallup
Reservation in Pierce County, Washington, and described in
subsection (b) is hereby taken into trust by the United
States for the benefit of the Puyallup Tribe of the Puyallup
Reservation.
(b) Land Descriptions.--
(1) Parcel 1.--Lots 1 to 4, inclusive, Block 85, Map of
Tacoma Tidelands, as surveyed and platted by the Board of
Appraisers of Tide and Shore Lands for Pierce County,
according to Plat filed for record on September 14, 1895, in
the Office of the County Auditor, in Tacoma, Pierce County,
Washington.
(2) Parcel 2.--Lots 5 to 9, inclusive, Block 85, Map of
Tacoma Tidelands, as surveyed and platted by the Board of
Appraisers of Tide and Shore Lands for Pierce County,
according to Plat filed for record on September 14, 1895, in
the Office of the County Auditor, in Tacoma, Pierce County,
Washington.
(3) Parcel 3.--Parcel A of City of Tacoma Boundary Line
Adjustment MPD2011-40000166230, recorded October 12, 2011,
under Pierce County Auditor Recording No. 201110125009, as
corrected by Affidavit of Minor Correction of Map Recorded
September 25, 2012, under Pierce County Auditor Recording No.
201209250440.
(c) Administration.--Land taken into trust under subsection
(a) shall be--
(1) part of the Reservation of the Puyallup Tribe of the
Puyallup Reservation; 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.
(d) Environmental Liability.--Notwithstanding any other
provision of law, the United States shall not be liable for
any environmental contamination that occurred on the land
described in subsection (b) on or before the date on which
that land is taken into trust under subsection (a).
(e) Gaming Prohibited.--Land taken into trust under
subsection (a) shall not be used for any class II gaming or
class III gaming under the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.) (as those terms are defined in section 4
of that Act (25 U.S.C. 2703)).
TITLE XLVII--SHOSHONE-PAIUTE TRIBES OF THE DUCK VALLEY RESERVATION
WATER RIGHTS SETTLEMENT
SEC. 6701. 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.--
``(i) In general.--There is authorized to be appropriated
to the Secretary for deposit into the Development Fund
$5,124,902.12.
``(ii) Cost indexing.--All amounts made available to carry
out clause (i) shall, on deposit into the Development Fund,
be adjusted to reflect changes since January 25, 2016, in the
Consumer Price Index for All Urban Consumers West Urban
50,000 to 1,500,000 published by the Bureau of Labor
Statistics.''.
TITLE XLVIII--INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION
ACT AMENDMENTS
SEC. 6801. 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; and''.
(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'';
(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); and
(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.''.
(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.'';
[[Page S2734]]
(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.'';
(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) and (g) 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.''.
(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''; and
(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.''.
______