S.Amdt. 6341
What it does: Adds DIVISION E--PROVISIONS RELATING TO NATIVE AMERICANS at the end of S.Amdt. 5499What it changes
1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text
Adds DIVISION E--PROVISIONS RELATING TO NATIVE AMERICANS at the end of S.Amdt. 5499
Adds a sectionIn S.Amdt. 5499 as proposed
(b) Derivation of Funds.--Funds to carry out this section shall be derived from amounts authorized to be appropriated to the National Weather Service that are enacted after the date of the enactment of this Act.
Inserted: DIVISION E--PROVISIONS RELATING TO NATIVE AMERICANS
Inserted: TITLE LI--NATIVE AMERICAN LANGUAGE RESOURCE CENTER ACT OF 2022
Inserted: SEC. 5101. SHORT TITLE.
Inserted: This title may be cited as the "Native American Language Resource Center Act of 2022".
Inserted: SEC. 5102. NATIVE AMERICAN LANGUAGE RESOURCE CENTERS.
Inserted: (a) Purpose.--The purpose of this title is to further align the resources provided by the Department of Education with the policies set forth in the Native American Languages Act (25 U.S.C. 2901 et seq.) through establishment of a program within the Department of Education to support 1 or more Native American language resource centers.
Inserted: (b) In General.--The Secretary of Education is authorized to make a grant to, or enter into a contract with, an eligible entity for the purpose of--
Inserted: (1) establishing, strengthening, and operating a Native American language resource center; and
Inserted: (2) staffing the center with individuals with relevant expertise and experience, including staff who speak American Indian and Alaska Native languages and the Native Hawaiian language and have worked in language education in the American Indian and Alaska Native languages and the Native Hawaiian language in a preschool, elementary school, secondary school, adult education, or higher education program.
Inserted: (c) Authorized Activities.--The Native American language resource center established under subsection (b) shall carry out activities to--
Inserted: (1) improve the capacity to teach and learn Native American languages;
Inserted: (2) further Native American language use and acquisition;
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Inserted: (3) preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages in furtherance of--
Inserted: (A) the policies set forth in the Native American Languages Act (25 U.S.C. 2901 et seq.); and
Inserted: (B) the United States trust responsibility to Native American communities;
Inserted: (4) address the effects of past discrimination and ongoing inequities experienced by Native American language speakers;
Inserted: (5) support the revitalization and reclamation of Native American languages; and
Inserted: (6) support the use of Native American languages as a medium of instruction for a wide variety of age levels, academic content areas, and types of schools, including Native American language medium education.
Inserted: (d) Additional Authorized Activities.--The Native American language resource center established under subsection (b) may also carry out activities--
Inserted: (1) to encourage and support the use of Native American languages within educational systems in the same manner as other world languages, including by encouraging State educational agencies, local educational agencies, and institutions of higher education to offer Native American language courses the same full academic credit as courses in other world languages;
Inserted: (2) to support the development, adoption, and use of educational outcome metrics aligned with the Native American language of instruction, including assessments, qualifications, and processes based on promising practices in Native American language medium education;
Inserted: (3) to provide assistance to Native American language programs seeking Federal resources;
Inserted: (4) to encourage and support teacher preparation programs that prepare teachers to teach Native American languages and to use Native American languages as a medium of instruction, including by disseminating promising practices and developing pedagogical programming and through appropriate alternative pathways to teacher certification;
Inserted: (5) to provide information and resources--
Inserted: (A) on promising practices in the use and revitalization of Native American languages in Native American communities, including use in educational institutions; and
Inserted: (B) for the use of technology in school and community-based Native American language programs to support the retention, use, and teaching of Native American languages;
Inserted: (6) to support the use of distance learning technologies and training for parents, students, teachers, and learning support staff associated with Native American language programs, including--
Inserted: (A) the compilation and curation of digital libraries and other online resources for Native American languages, except that any materials collected by the center shall only be materials provided by a Native American language program or Native American community;
Inserted: (B) the development of distance learning curricula appropriate for preschool, elementary school, secondary school, adult education, and postsecondary education;
Inserted: (C) pedagogical training for Native American language teachers; and
Inserted: (D) other efforts necessary to continue Native American language acquisition through distance learning;
Inserted: (7) to provide technical assistance for Native American communities and school systems to develop Native American language medium education programs in preschool, elementary school, secondary school, or adult education programs conducted through the medium of Native American languages;
Inserted: (8) to support Native American language programs and Native American communities in--
Inserted: (A) accessing international best practices, resources, and research in indigenous language revitalization; and
Inserted: (B) gathering and sharing technical assistance, promising practices, and experiences;
Inserted: (9) for the operation of intensive programs, including summer institutes, to train Native American language speakers, to provide professional development, and to improve Native American language instruction through preservice and in-service language training for teachers; and
Inserted: (10) that otherwise support the Native American language resource center established under subsection (b) to carry out the activities required in subsection (c).
Inserted: (e) Definitions.--In this section:
Inserted: (1) ESEA definitions.--The terms "elementary school", "local educational agency", "secondary school", and "State educational agency" have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Inserted: (2) Eligible entity.--The term "eligible entity" means--
Inserted: (A) an institution of higher education;
Inserted: (B) an entity within an institution of higher education with dedicated expertise in Native American language and culture education; or
Inserted: (C) a consortium that includes 1 or more institutions of higher education or 1 or more entities described in subparagraph (B).
Inserted: (3) Institution of higher education.--The term "institution of higher education" has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
Inserted: (4) Native american; native american language.--The terms "Native American" and "Native American language" have the meanings given those terms in section 103 of the Native American Languages Act (25 U.S.C. 2902).
Inserted: (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $3,000,000 for each fiscal year.
Inserted: TITLE LII--DURBIN FEELING NATIVE AMERICAN LANGUAGES ACT OF 2022
Inserted: SEC. 5201. SHORT TITLE.
Inserted: This title may be cited as the "Durbin Feeling Native American Languages Act of 2022".
Inserted: SEC. 5202. ENSURING THE SURVIVAL AND CONTINUING VITALITY OF NATIVE AMERICAN LANGUAGES.
Inserted: (a) In General.--Section 106 of the Native American Languages Act (25 U.S.C. 2905) is amended by adding at the end the following:
Inserted: "(c) Evaluation; Report.--Not later than 1 year after the date of enactment of this subsection, the President shall--
Inserted: "(1) require the heads of the various Federal departments, agencies, and instrumentalities to carry out an evaluation described in subsection (a)(1); and
Inserted: "(2) submit to Congress a report that describes--
Inserted: "(A) the results of the evaluations; and
Inserted: "(B) the recommendations of the Secretary of the Interior, the Secretary of Health and Human Services, and the Secretary of Education, after consultation with Indian tribes, traditional leaders, and representatives of Native American language communities, for amendments to Federal laws that are needed--
Inserted: "(i) to bring the Federal laws into compliance with this Act;
Inserted: "(ii) to improve interagency coordination for purposes of supporting revitalization, maintenance, and use of Native American languages; and
Inserted: "(iii) to reduce duplication, inefficiencies, and barriers Native American language communities face in accessing Federal programs to support efforts to revitalize, maintain, or increase the use of Native American languages.".
Inserted: (b) Survey on Native American Languages.--The Native American Languages Act (25 U.S.C. 2901 et seq.) is amended by adding at the end the following:
Inserted: "SEC. 108. SURVEY ON NATIVE AMERICAN LANGUAGES.
Inserted: "(a) In General.--Not later than 18 months after the date of enactment of this section, and every 5 years thereafter, the Secretary of Health and Human Services, acting through the Commissioner of the Administration for Native Americans (referred to in this section as the 'Secretary'), shall undertake a survey of the use of all Native American languages in the United States.
Inserted: "(b) Updates.--Prior to conducting each subsequent survey after the initial survey under subsection (a), the Secretary shall update the survey in accordance with this section.
Inserted: "(c) Consultation Required.--The Secretary shall design the initial survey under subsection (a) and each updated survey under subsection (b)--
Inserted: "(1) in consultation with Indian tribes; and
Inserted: "(2) after considering feedback received from Native American language speakers and experts.
Inserted: "(d) Contents.--Each survey under subsection (a) shall solicit--
Inserted: "(1) information on which Native American languages are currently spoken;
Inserted: "(2) estimates of the number of speakers of each Native American language;
Inserted: "(3) any language usage statistics or information that the Secretary, in consultation with Indian tribes and Native American language speakers and experts, determines to be relevant and appropriate;
Inserted: "(4) information on the types of Native American language maintenance and revitalization projects and practices that are currently being carried out;
Inserted: "(5) information on any unmet Native American language resource needs of Indian tribes and Native American language communities; and
Inserted: "(6) any other information that the Secretary, in consultation with Indian tribes and Native American language speakers and experts, determines to be necessary.
Inserted: "(e) Coordination.--The Secretary may coordinate, and enter into cooperative agreements with, the Director of the Bureau of the Census for the purposes of carrying out this section.
Inserted: "(f) Outreach and Engagement.--
Inserted: "(1) In general.--The Secretary shall carry out outreach and engagement activities to provide Indian tribes, Native language communities, and the public information about--
Inserted: "(A) opportunities to provide input on the development and design of each survey under subsection (a), including information on the consultations required under subsection (c);
Inserted: "(B) the goals and purpose of the surveys conducted under subsection (a); and
Inserted: "(C) the benefits and importance of participation in surveys under subsection (a).
Inserted: "(2) Grants, contracts, and cooperative agreements authorized.--The Secretary may carry out the outreach and engagement activities required under paragraph (1)--
Inserted: "(A) directly;
Inserted: "(B) in partnership with the Bureau of the Census; or "(C) through grants to, or contracts or cooperative agreements with--
Inserted: "(i) Indian tribes;
Inserted: "(ii) tribal organizations; and
Inserted: "(iii) nonprofit organizations that work with Indian tribes, Native American language programs, and Native American language communities.
Inserted: "(g) Limitation.--Nothing in this section requires an Indian tribe, Native American language community, or Native American language speaker--
Inserted: "(1) to participate in a survey under subsection (a); or
Inserted: "(2) to provide specific or culturally sensitive information in completing such a survey.
Inserted: "(h) Availability of Survey Materials and Findings.--
Inserted: "(1) In general.--Not later than 1 year after the date of enactment of this section, and prior to conducting each survey under subsection (a), the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives, and make publicly available, a description of--
Inserted: "(A) the feedback received under subsection (c) on the design of the survey;
Inserted: "(B) the form and content of the survey;
Inserted: "(C) the plan for deploying the survey to ensure a robust response; and
Inserted: "(D) how the Secretary will ensure any survey enumeration efforts are culturally informed and appropriate.
Inserted: "(2) Results.--Not later than 90 days after the date on which analysis of each survey under subsection (a) is completed, the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives, and make publicly available, the results of the survey.
Inserted: "(i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,500,000 for each fiscal year--
Inserted: "(1) preceding a fiscal year during which a survey under subsection (a) is conducted; and
Inserted: "(2) during which a survey under that subsection is conducted.".
Inserted: TITLE LIII--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION REAUTHORIZATION ACT OF 2022
Inserted: SEC. 5301. SHORT TITLE.
Inserted: This title may be cited as the "Native American Housing Assistance and Self-Determination Reauthorization Act of 2022".
Inserted: SEC. 5302. CONSOLIDATION OF ENVIRONMENTAL REVIEW REQUIREMENTS.
Inserted: 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:
Inserted: "(e) Consolidation of Environmental Review Requirements.--
Inserted: "(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.
Inserted: "(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.
Inserted: "(3) Certification.--An Indian tribe that assumes the additional responsibilities under paragraph (1), shall certify, in addition to the requirements under subsection (c)--
Inserted: "(A) the additional responsibilities that the Indian tribe has fully carried out under this subsection; and
Inserted: "(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).
Inserted: "(4) Liability.--
Inserted: "(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.
Inserted: "(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--
Inserted: "(i) the regulations issued pursuant to section 106; or
Inserted: "(ii) such regulations as are issued by the other head.
Inserted: "(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.".
Inserted: SEC. 5303. AUTHORIZATION OF APPROPRIATIONS.
Inserted: 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".
Inserted: SEC. 5304. STUDENT HOUSING ASSISTANCE.
Inserted: 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,".
Inserted: SEC. 5305. APPLICATION OF RENT RULE ONLY TO UNITS OWNED OR OPERATED BY INDIAN TRIBE OR TRIBALLY DESIGNATED HOUSING ENTITY.
Inserted: 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".
Inserted: SEC. 5306. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND SERVICES.
Inserted: 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".
Inserted: SEC. 5307. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME REQUIREMENT AND INCOME TARGETING.
Inserted: Section 205 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4135) is amended--
Inserted: (1) in subsection (a)(1)--
Inserted: (A) in subparagraph (C), by striking "and" at the end; and
Inserted: (B) by adding at the end the following:
Inserted: "(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
Inserted: (2) in subsection (c)--
Inserted: (A) by striking "The provisions" and inserting the following:
Inserted: "(1) In general.--The provisions"; and
Inserted: (B) by adding at the end the following:
Inserted: "(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.".
Inserted: SEC. 5308. LEASE REQUIREMENTS AND TENANT SELECTION.
Inserted: 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:
Inserted: "(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.".
Inserted: SEC. 5309. INDIAN HEALTH SERVICE.
Inserted: (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:
Inserted: "SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.
Inserted: "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.".
Inserted: (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:
Inserted: "Sec. 211. IHS sanitation facilities construction.".
Inserted: SEC. 5310. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN EMERGENCIES.
Inserted: 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--
Inserted: (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
Inserted: (2) by striking subparagraph (B) and inserting the following:
Inserted: "(B) Procedural requirements.--
Inserted: "(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.
Inserted: "(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.
Inserted: "(iii) Hearing requirements.--A hearing requested under clause (ii) shall be conducted--
Inserted: "(I) in accordance with subpart A of part 26 of title 24, Code of Federal Regulations (or successor regulations); and
Inserted: "(II) to the maximum extent practicable, on an expedited basis.
Inserted: "(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.".
Inserted: SEC. 5311. REPORTS TO CONGRESS.
Inserted: Section 407 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4167) is amended--
Inserted: (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
Inserted: (2) by adding at the end the following:
Inserted: "(c) Public Availability.--The report described in subsection (a) shall be made publicly available, including to recipients.".
Inserted: SEC. 5312. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR HOUSING PURPOSES.
Inserted: Section 702 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4211) is amended--
Inserted: (1) in the section heading, by striking "50-year" and inserting "99-year";
Inserted: (2) in subsection (b), by striking "50 years" and inserting "99 years"; and
Inserted: (3) in subsection (c)(2), by striking "50 years" and inserting "99 years".
Inserted: SEC. 5313. AMENDMENTS FOR BLOCK GRANTS FOR AFFORDABLE HOUSING ACTIVITIES.
Inserted: Section 802(e) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4222(e)) is amended by--
Inserted: (1) by striking "The Director" and inserting the following:
Inserted: "(1) In general.--The Director"; and
Inserted: (2) by adding at the end the following:
Inserted: "(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.".
Inserted: SEC. 5314. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP PROVISIONS.
Inserted: 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.".
Inserted: SEC. 5315. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.
Inserted: 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.
Inserted: SEC. 5316. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS AND SPECIAL ACTIVITIES BY INDIAN TRIBES.
Inserted: 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:
Inserted: "(i) Indian Tribes and Tribally Designated Housing Entities as Community-based Development Organizations.--
Inserted: "(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).
Inserted: "(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).
Inserted: "(j) Special Activities by Indian Tribes.--An Indian tribe receiving a grant under paragraph (1) of section 106(a)(1) shall be authorized to directly carry out activities described in paragraph (15) of such section 106(a)(1).".
Inserted: SEC. 5317. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING COUNSELING GRANTS.
Inserted: Section 106(a)(4) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(a)(4)) is amended--
Inserted: (1) in subparagraph (A)--
Inserted: (A) by striking "and" and inserting a comma; and
Inserted: (B) by inserting before the period at the end the following: ", Indian tribes, and tribally designated housing entities";
Inserted: (2) in subparagraph (B), by inserting ", Indian tribes, and tribally designated housing entities" after "organizations)";
Inserted: (3) by redesignating subparagraph (F) as subparagraph (G); and
Inserted: (4) by inserting after subparagraph (E) the following:
Inserted: "(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).".
Inserted: SEC. 5318. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.
Inserted: (a) In General.--Section 184 of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a) is amended--
Inserted: (1) by amending subsection (a) to read as follows:
Inserted: "(a) Authority.--To provide access to sources of private financing to Indian families, Indian housing authorities, and Indian Tribes, who otherwise could not acquire housing financing because of the unique legal status of Indian lands and the unique nature of tribal economies, and to expand homeownership opportunities to Indian families, Indian housing authorities and Indian tribes on fee simple lands, the Secretary may guarantee not to exceed 100 percent of the unpaid principal and interest due on any loan eligible under subsection (b) made to an Indian family, Indian housing authority, or Indian Tribe on trust land and fee simple land."; and
Inserted: (2) in subsection (b)--
Inserted: (A) by amending paragraph (2) to read as follows:
Inserted: "(2) Eligible housing.--The loan shall be used to construct, acquire, refinance, or rehabilitate 1- to 4-family dwellings that are standard housing.";
Inserted: (B) in paragraph (4)--
Inserted: (i) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly;
Inserted: (ii) by striking "The loan" and inserting the following:
Inserted: "(A) In general.--The loan";
Inserted: (iii) in subparagraph (A), as so designated, by adding at the end the following:
Inserted: "(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
Inserted: (iv) by adding at the end the following:
Inserted: "(B) Direct guarantee process.--
Inserted: "(i) Authorization.--The Secretary may authorize qualifying lenders to participate in a direct guarantee process for approving loans under this section.
Inserted: "(ii) Indemnification.--
Inserted: "(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.
Inserted: "(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.
Inserted: "(C) Review of mortgagees.--
Inserted: "(i) In general.--The Secretary may periodically review the mortgagees originating, underwriting, or servicing single family mortgage loans under this section.
Inserted: "(ii) Requirements.--In conducting a review under clause (i), the Secretary--
Inserted: "(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;
Inserted: "(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;
Inserted: "(iii) shall implement such comparisons by regulation, notice, or mortgagee letter; and
Inserted: "(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)--
Inserted: "(aa) based on a comparison of any of the factors set forth in this subparagraph; or
Inserted: "(bb) by a determination that the mortgagee engaged in fraud or misrepresentation."; and
Inserted: (C) in paragraph (5)(A), by inserting before the semicolon at the end the following: "except, as determined by the Secretary, when there is a loan modification under subsection (h)(1)(B), the term of the loan shall not exceed 40 years".
Inserted: (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--
Inserted: (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
Inserted: (2) in subparagraph (C), by striking "2008 through 2012" and inserting "2023 through 2033".
Inserted: SEC. 5319. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
Inserted: Section 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b) is amended--
Inserted: (1) in subsection (b), by inserting ", and to expand homeownership opportunities to Native Hawaiian families who are eligible to receive a homestead under the Hawaiian Homes Commission Act, 1920 (42 Stat. 108) on fee simple lands in the State of Hawaii" after "markets";
Inserted: (2) in subsection (c)--
Inserted: (A) by amending paragraph (2) to read as follows:
Inserted: "(2) Eligible housing.--The loan shall be used to construct, acquire, refinance, or rehabilitate 1- to 4-family dwellings that are standard housing.";
Inserted: (B) in paragraph (4)(B)--
Inserted: (i) by redesignating clause (iv) as clause (v); and
Inserted: (ii) by adding after clause (iii) the following:
Inserted: "(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
Inserted: (C) in paragraph (5)(A), by inserting before the semicolon at the end the following: "except, as determined by the Secretary, when there is a loan modification under subsection (i)(1)(B), the term of the loan shall not exceed 40 years"; and
Inserted: (3) in subsection (j)(5)(B), by inserting after the first sentence the following: "There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2023 through 2033.".
Inserted: SEC. 5320. DRUG ELIMINATION PROGRAM.
Inserted: (a) Definitions.--In this section:
Inserted: (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).
Inserted: (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.
Inserted: (3) Recipient.--The term "recipient"--
Inserted: (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
Inserted: (B) includes a recipient of funds under title VIII of that Act (25 U.S.C. 4221 et seq.).
Inserted: (4) Secretary.--The term "Secretary" means the Secretary of Housing and Urban Development.
Inserted: (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.
Inserted: (c) Eligible Activities.--Grants under this section may be used for--
Inserted: (1) the employment of security personnel;
Inserted: (2) reimbursement of State, local, Tribal, or Bureau of Indian Affairs law enforcement agencies for additional security and protective services;
Inserted: (3) physical improvements which are specifically designed to enhance security;
Inserted: (4) the employment of 1 or more individuals--
Inserted: (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
Inserted: (B) to provide evidence relating to such crime in any administrative or judicial proceeding;
Inserted: (5) the provision of training, communications equipment, and other related equipment for use by voluntary tenant patrols acting in cooperation with law enforcement officials;
Inserted: (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;
Inserted: (7) providing funding to nonprofit resident management corporations and resident councils to develop security and drug abuse prevention programs involving site residents;
Inserted: (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
Inserted: (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.
Inserted: (d) Applications.--
Inserted: (1) In general.--To receive a grant under this section, an eligible applicant shall submit an application to the Secretary, at such time, in such manner, and accompanied by--
Inserted: (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
Inserted: (B) such additional information as the Secretary may reasonably require.
Inserted: (2) Criteria.--The Secretary shall approve applications submitted under paragraph (1) on the basis of thresholds or criteria such as--
Inserted: (A) the extent of the drug-related or violent crime problem in and around the housing or projects proposed for assistance;
Inserted: (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;
Inserted: (C) the capability of the applicant to carry out the plan; and
Inserted: (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.
Inserted: (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)).
Inserted: (f) Reports.--
Inserted: (1) Grantee reports.--The Secretary shall require grantees under this section to provide periodic reports that include the obligation and expenditure of grant funds, the progress made by the grantee in implementing the plan described in subsection (d)(1)(A), and any change in the incidence of drug-related crime in projects assisted under this section.
Inserted: (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--
Inserted: (A) the methodology used to distribute amounts made available under this section; and
Inserted: (B) actions taken by the Secretary to ensure that amounts made available under this section are not used to fund baseline local government services, as described in subsection (h)(2).
Inserted: (g) Notice of Funding Awards.--The Secretary shall publish on the website of the Department a notice of all grant awards made pursuant to this section, which shall identify the grantees and the amount of the grants.
Inserted: (h) Monitoring.--
Inserted: (1) In general.--The Secretary shall audit and monitor the program funded under this subsection to ensure that assistance provided under this subsection is administered in accordance with the provisions of this section.
Inserted: (2) Prohibition of funding baseline services.--
Inserted: (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.
Inserted: (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.
Inserted: (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--
Inserted: (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);
Inserted: (B) entering into agreements with the Attorney General to achieve compliance, and verification of compliance, with the provisions of this section; and
Inserted: (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.)
Inserted: (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.
Inserted: SEC. 5321. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN VETERANS.
Inserted: 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:
Inserted: "(E) Indian veterans housing rental assistance program.--
Inserted: "(i) Definitions.--In this subparagraph:
Inserted: "(I) Eligible indian veteran.--The term 'eligible Indian veteran' means an Indian veteran who is--
Inserted: "(aa) homeless or at risk of homelessness; and
Inserted: "(bb) living--
Inserted: "(AA) on or near a reservation; or
Inserted: "(BB) in or near any other Indian area.
Inserted: "(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).
Inserted: "(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).
Inserted: "(IV) Indian veteran.--The term 'Indian veteran' means an Indian who is a veteran.
Inserted: "(V) Program.--The term 'Program' means the Tribal HUD-VASH program carried out under clause (ii).
Inserted: "(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).
Inserted: "(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.
Inserted: "(iii) Model.--
Inserted: "(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.
Inserted: "(II) Exceptions.--
Inserted: "(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.
Inserted: "(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.
Inserted: "(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.
Inserted: "(v) Funding criteria.--The Secretary shall award grants under the Program based on--
Inserted: "(I) need;
Inserted: "(II) administrative capacity; and
Inserted: "(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.
Inserted: "(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--
Inserted: "(I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the utilization of rental assistance provided under the Program; and
Inserted: "(II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the Program in serving eligible Indian veterans.
Inserted: "(vii) Consultation.--
Inserted: "(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.
Inserted: "(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.
Inserted: "(viii) Waiver.--
Inserted: "(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.
Inserted: "(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.
Inserted: "(ix) Renewal grants.--The Secretary may--
Inserted: "(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
Inserted: "(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.
Inserted: "(x) Reporting.--
Inserted: "(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--
Inserted: "(aa) conduct a review of the implementation of the Program, including any factors that may have limited its success; and
Inserted: "(bb) submit a report describing the results of the review under item (aa) to--
Inserted: "(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
Inserted: "(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.
Inserted: "(II) Analysis of housing stock limitation.--The Secretary shall include in the initial report submitted under subclause (I) a description of--
Inserted: "(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;
Inserted: "(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
Inserted: "(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.".
Inserted: SEC. 5322. CONTINUUM OF CARE.
Inserted: (a) Definitions.--In this section--
Inserted: (1) the terms "collaborative applicant" and "eligible entity" have the meanings given those terms in section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360); and
Inserted: (2) the terms "Indian tribe" and "tribally designated housing entity" have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
Inserted: (b) Nonapplication of Civil Rights Laws.--With respect to the funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) under the heading "Homeless Assistance Grants" in the Department of Housing and Urban Development Appropriations Act, 2021 (Public Law 116-260) and under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 (42 U.S.C. 11364a), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) shall not apply to applications by or awards for projects to be carried out--
Inserted: (1) on or off reservation or trust lands for awards made to Indian tribes or tribally designated housing entities; or
Inserted: (2) on reservation or trust lands for awards made to eligible entities.
Inserted: (c) Certification.--With respect to funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) under the heading "Homeless Assistance Grants" under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 (42 U.S.C. 11364a)--
Inserted: (1) applications for projects to be carried out on reservations or trust land shall contain a certification of consistency with an approved Indian housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4112), notwithstanding section 106 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12706) and section 403 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361);
Inserted: (2) Indian tribes and tribally designated housing entities that are recipients of awards for projects on reservations or trust land shall certify that they are following an approved housing plan developed under section102 of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4112); and
Inserted: (3) a collaborative applicant for a Continuum of Care whose geographic area includes only reservation and trust land is not required to meet the requirement in section 402(f)(2) of the McKinney- Vento Homeless Assistance Act (42 U.S.C. 11360a(f)(2)).
Inserted: SEC. 5323. LEVERAGING.
Inserted: 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.
Inserted: TITLE LIV--TECHNICAL CORRECTION TO THE SHOSHONE-PAIUTE TRIBES OF THE
Inserted: DUCK VALLEY RESERVATION WATER RIGHTS SETTLEMENT ACT OF 2022
Inserted: SEC. 5401. SHORT TITLE.
Inserted: 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".
Inserted: SEC. 5402. AUTHORIZATION OF PAYMENT OF ADJUSTED INTEREST ON DEVELOPMENT FUND.
Inserted: Section 10807(b)(3) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1409) is amended--
Inserted: (1) by striking "There is" and inserting the following:
Inserted: "(A) In general.--There is"; and
Inserted: (2) by adding at the end the following:
Inserted: "(B) Adjusted interest payments.--There is authorized to be appropriated to the Secretary for deposit into the Development Fund $5,124,902.12.".
Inserted: TITLE LV--TRIBAL TRUST LAND HOMEOWNERSHIP ACT OF 2022
Inserted: SEC. 5501. SHORT TITLE.
Inserted: This title may be cited as the "Tribal Trust Land Homeownership Act of 2022".
Inserted: SEC. 5502. DEFINITIONS.
Inserted: In this title:
Inserted: (1) Applicable bureau office.--The term "applicable Bureau office" means--
Inserted: (A) a Regional office of the Bureau;
Inserted: (B) an Agency office of the Bureau; or
Inserted: (C) a Land Titles and Records Office of the Bureau.
Inserted: (2) Bureau.--The term "Bureau" means the Bureau of Indian Affairs.
Inserted: (3) Director.--The term "Director" means the Director of the Bureau.
Inserted: (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.
Inserted: (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).
Inserted: (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--
Inserted: (A) home acquisition;
Inserted: (B) home construction;
Inserted: (C) home improvements; or
Inserted: (D) economic development.
Inserted: (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.
Inserted: (8) Mortgage package.--The term "mortgage package" means a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document submitted to an applicable Bureau office under section 5503(a)(1).
Inserted: (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:
Inserted: (A) The Department of Agriculture.
Inserted: (B) The Department of Housing and Urban Development.
Inserted: (C) The Department of Veterans Affairs.
Inserted: (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).
Inserted: (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.
Inserted: SEC. 5503. MORTGAGE REVIEW AND PROCESSING.
Inserted: (a) Review and Processing Deadlines.--
Inserted: (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.
Inserted: (2) Preliminary review.--
Inserted: (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.
Inserted: (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.
Inserted: (3) Approval or disapproval.--
Inserted: (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.
Inserted: (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.
Inserted: (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.
Inserted: (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)--
Inserted: (i) shall be in writing; and
Inserted: (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.
Inserted: (E) Application.--This paragraph shall not apply to a residential leasehold mortgage or business leasehold mortgage with respect to Indian land in cases in which the applicant for the residential leasehold mortgage or business leasehold mortgage is an Indian tribe (as defined in subsection (d) of the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 126 Stat. 1150; 25 U.S.C. 415(d))) that has been approved for leasing under subsection (h) of that section (69 Stat. 539, chapter 615; 126 Stat. 1151; 25 U.S.C. 415(h)).
Inserted: (4) Certified title status reports.--
Inserted: (A) Completion of reports.--
Inserted: (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--
Inserted: (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
Inserted: (II) a subsequent certified title status report.
Inserted: (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.
Inserted: (B) Notice.--
Inserted: (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.
Inserted: (ii) Form of notice.--The applicable Bureau office shall give notice under clause (i)--
Inserted: (I) electronically through secure, encryption software; and (II) through the United States mail.
Inserted: (iii) Option to opt out.--The lender may opt out of receiving notice electronically under clause (ii)(I).
Inserted: (b) Notices.--
Inserted: (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--
Inserted: (A) the party that submitted the mortgage package or requested the first certified title status report; and
Inserted: (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.
Inserted: (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.
Inserted: (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--
Inserted: (1) the lender;
Inserted: (2) any local or regional agency office of the Bureau that requests the first certified title status report or subsequent certified title status report;
Inserted: (3) in the case of a proposed residential leasehold mortgage or land mortgage, the relevant Federal agency that insures or guarantees the loan; and
Inserted: (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).
Inserted: (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.
Inserted: (e) Annual Report.--
Inserted: (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--
Inserted: (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--
Inserted: (i) requests that were and were not successfully completed by the applicable deadline described in subsection (a) by each applicable Bureau office; and
Inserted: (ii) the reasons for each applicable Bureau office not meeting any applicable deadlines; and
Inserted: (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).
Inserted: (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).
Inserted: (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--
Inserted: (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
Inserted: (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.
Inserted: SEC. 5504. ESTABLISHMENT OF REALTY OMBUDSMAN POSITION.
Inserted: (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.
Inserted: (b) Functions.--The Realty Ombudsman shall--
Inserted: (1) ensure that the applicable Bureau offices are meeting the mortgage review and processing deadlines established by section 5503(a);
Inserted: (2) ensure that the applicable Bureau offices comply with the notices required under subsections (a) and (b) of section 5503;
Inserted: (3) serve as a liaison to other Federal agencies, including by--
Inserted: (A) ensuring the Bureau is responsive to all of the inquiries from the relevant Federal agencies; and
Inserted: (B) helping to facilitate communications between the relevant Federal agencies and the Bureau on matters relating to mortgages on Indian land;
Inserted: (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
Inserted: (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.
Inserted: TITLE LVI--CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION LEASING AUTHORITY
Inserted: SEC. 5601. CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION LEASING AUTHORITY.
Inserted: 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".
Inserted: TITLE LVII--SAFEGUARD TRIBAL OBJECTS OF PATRIMONY ACT OF 2022
Inserted: SEC. 5701. SHORT TITLE.
Inserted: This title may be cited as the "Safeguard Tribal Objects of Patrimony Act of 2022".
Inserted: SEC. 5702. PURPOSES.
Inserted: The purposes of this title are--
Inserted: (1) to carry out the trust responsibility of the United States to Indian Tribes;
Inserted: (2) to increase the maximum penalty for actions taken in violation of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act), in order to strengthen deterrence;
Inserted: (3) to stop the export, and facilitate the international repatriation, of cultural items prohibited from being trafficked by the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act) and archaeological resources prohibited from being trafficked by the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) by--
Inserted: (A) explicitly prohibiting the export;
Inserted: (B) creating an export certification system; and
Inserted: (C) confirming the authority of the President to request from foreign nations agreements or provisional measures to prevent irremediable damage to Native American cultural heritage;
Inserted: (4) to establish a Federal framework in order to support the voluntary return by individuals and organizations of items of tangible cultural heritage, including items covered by the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act) and the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.);
Inserted: (5) to establish an interagency working group to ensure communication between Federal agencies to successfully implement this Act, the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act), the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), and other relevant Federal laws;
Inserted: (6) to establish a Native working group of Indian Tribes and Native Hawaiian organizations to assist in the implementation of this title, the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act), the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), and other relevant Federal laws;
Inserted: (7) to exempt from disclosure under section 552 of title 5, United States Code (commonly known as the "Freedom of Information Act")--
Inserted: (A) information submitted by Indian Tribes or Native Hawaiian organizations pursuant to this title; and
Inserted: (B) information relating to an Item Requiring Export Certification for which an export certification was denied pursuant to this title; and
Inserted: (8) to encourage buyers to purchase legal contemporary art made by Native artists for commercial purposes.
Inserted: SEC. 5703. DEFINITIONS.
Inserted: In this title:
Inserted: (1) Archaeological resource.--The term "archaeological resource" means an archaeological resource (as defined in section 3 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb)) that is Native American.
Inserted: (2) Cultural affiliation.--The term "cultural affiliation" means that there is a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present day Indian Tribe or Native Hawaiian organization and an identifiable earlier group.
Inserted: (3) Cultural item.--The term "cultural item" means any 1 or more cultural items (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)).
Inserted: (4) Indian tribe.--The term "Indian Tribe" has the meaning given the term "Indian tribe" in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001).
Inserted: (5) Item prohibited from exportation.--The term "Item Prohibited from Exportation" means--
Inserted: (A) a cultural item prohibited from being trafficked, including through sale, purchase, use for profit, or transport for sale or profit, by--
Inserted: (i) section 1170(b) of title 18, United States Code, as added by the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); or
Inserted: (ii) any other Federal law or treaty; and
Inserted: (B) an archaeological resource prohibited from being trafficked, including through sale, purchase, exchange, transport, receipt, or offer to sell, purchase, or exchange, including in interstate or foreign commerce, by--
Inserted: (i) subsections (b) and (c) of section 6 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470ee); or
Inserted: (ii) any other Federal law or treaty.
Inserted: (6) Item requiring export certification.--
Inserted: (A) In general.--The term "Item Requiring Export Certification" means--
Inserted: (i) a cultural item; and
Inserted: (ii) an archaeological resource.
Inserted: (B) Exclusion.--The term "Item Requiring Export Certification" does not include an item described in clause (i) or (ii) of subparagraph (A) for which an Indian Tribe or Native Hawaiian organization with a cultural affiliation with the item has provided a certificate authorizing exportation of the item.
Inserted: (7) Native american.--The term "Native American" means--
Inserted: (A) Native American (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)); and
Inserted: (B) Native Hawaiian (as so defined).
Inserted: (8) Native hawaiian organization.--The term "Native Hawaiian organization" has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001).
Inserted: (9) Secretary.--The term "Secretary" means the Secretary of the Interior.
Inserted: (10) Tangible cultural heritage.--The term "tangible cultural heritage" means--
Inserted: (A) Native American human remains; or
Inserted: (B) culturally, historically, or archaeologically significant objects, resources, patrimony, or other items that are affiliated with a Native American culture.
Inserted: SEC. 5704. ENHANCED NAGPRA PENALTIES.
Inserted: Section 1170 of title 18, United States Code, is amended--
Inserted: (1) by striking "5 years" each place it appears and inserting "10 years"; and
Inserted: (2) in subsection (a), by striking "12 months" and inserting "1 year and 1 day".
Inserted: SEC. 5705. EXPORT PROHIBITIONS; EXPORT CERTIFICATION SYSTEM; INTERNATIONAL AGREEMENTS.
Inserted: (a) Export Prohibitions.--
Inserted: (1) In general.--It shall be unlawful for any person--
Inserted: (A) to export, attempt to export, or otherwise transport from the United States any Item Prohibited from Exportation;
Inserted: (B) to conspire with any person to engage in an activity described in subparagraph (A); or
Inserted: (C) to conceal an activity described in subparagraph (A).
Inserted: (2) Penalties.--Any person who violates paragraph (1) and knows, or in the exercise of due care should have known, that the Item Prohibited from Exportation was taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any Federal law or treaty, shall be fined in accordance with section 3571 of title 18, United States Code, imprisoned for not more than 1 year and 1 day for a first violation, and not more than 10 years for a second or subsequent violation, or both.
Inserted: (3) Detention, forfeiture, and repatriation.--
Inserted: (A) Detention and delivery.--The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall--
Inserted: (i) detain any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1); and
Inserted: (ii) deliver the Item Prohibited from Exportation to the Secretary.
Inserted: (B) Forfeiture.--Any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1) shall be subject to forfeiture to the United States in accordance with chapter 46 of title 18, United States Code (including section 983(c) of that chapter).
Inserted: (C) Repatriation.--Any Item Prohibited from Exportation that is forfeited under subparagraph (B) shall be expeditiously repatriated to the appropriate Indian Tribe or Native Hawaiian organization in accordance with, as applicable--
Inserted: (i) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act); or
Inserted: (ii) the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.).
Inserted: (b) Export Certification System.--
Inserted: (1) Export certification requirement.--
Inserted: (A) In general.--No Item Requiring Export Certification may be exported from the United States without first having obtained an export certification in accordance with this subsection.
Inserted: (B) Publication.--The Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, shall publish in the Federal Register a notice that includes--
Inserted: (i) a description of characteristics typical of Items Requiring Export Certification, which shall--
Inserted: (I) include the definitions of the terms--
Inserted: (aa) "cultural items" in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001); and
Inserted: (bb) "archaeological resource" in section 3 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb);
Inserted: (II) describe the provenance requirements associated with the trafficking prohibition applicable to--
Inserted: (aa) cultural items under section 1170(b) of title 18, United States Code; and
Inserted: (bb) archaeological resources under subsections (b) and (c) of section 6 of Archaeological Resources Protection Act of 1979 (16 U.S.C. 470ee);
Inserted: (III)(aa) include the definitions of the terms "Native American" and "Native Hawaiian" in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001); and
Inserted: (bb) describe how those terms apply to archaeological resources under this title; and
Inserted: (IV) be sufficiently specific and precise to ensure that--
Inserted: (aa) an export certification is required only for Items Requiring Export Certification; and
Inserted: (bb) fair notice is given to exporters and other persons regarding which items require an export certification under this subsection; and
Inserted: (ii) a description of characteristics typical of items that do not qualify as Items Requiring Export Certification and therefore do not require an export certification under this subsection, which shall clarify that--
Inserted: (I) an item made solely for commercial purposes is presumed to not qualify as an Item Requiring Export Certification, unless an Indian Tribe or Native Hawaiian organization challenges that presumption; and
Inserted: (II) in some circumstances, receipts or certifications issued by Indian Tribes or Native Hawaiian organizations with a cultural affiliation with an item may be used as evidence to demonstrate a particular item does not qualify as an Item Requiring Export Certification.
Inserted: (2) Eligibility for export certification.--An Item Requiring Export Certification is eligible for an export certification under this subsection if--
Inserted: (A) the Item Requiring Export Certification is not under ongoing Federal investigation;
Inserted: (B) the export of the Item Requiring Export Certification would not otherwise violate any other provision of law; and
Inserted: (C) the Item Requiring Export Certification--
Inserted: (i) is not an Item Prohibited from Exportation;
Inserted: (ii) was excavated or removed pursuant to a permit issued under section 4 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470cc) and in compliance with section 3(c) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002(c)), if the permit for excavation or removal authorizes export; or
Inserted: (iii) is accompanied by written confirmation from the Indian Tribe or Native Hawaiian organization with authority to alienate the Item Requiring Export Certification that--
Inserted: (I) the exporter has a right of possession (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)) of the Item Requiring Export Certification; or
Inserted: (II) the Indian Tribe or Native Hawaiian organization has relinquished title or control of the Item Requiring Export Certification in accordance with section 3 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002).
Inserted: (3) Export certification application and issuance procedures.--
Inserted: (A) Applications for export certification.--
Inserted: (i) In general.--An exporter seeking to export an Item Requiring Export Certification from the United States shall submit to the Secretary an export certification application in accordance with clause (iii).
Inserted: (ii) Consequences of false statement.--Any willful or knowing false statement made on an export certification application form under clause (i) shall--
Inserted: (I) subject the exporter to criminal penalties pursuant to section 1001 of title 18, United States Code; and
Inserted: (II) prohibit the exporter from receiving an export certification for any Item Requiring Export Certification in the future unless the exporter submits additional evidence in accordance with subparagraph (B)(iii)(I).
Inserted: (iii) Form of export certification application.--The Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, and at the discretion of the Secretary, in consultation with third parties with relevant expertise, including institutions of higher education, museums, dealers, and collector organizations, shall develop an export certification application form, which shall require that an applicant--
Inserted: (I) describe, and provide pictures of, each Item Requiring Export Certification that the applicant seeks to export;
Inserted: (II) include all available information regarding the provenance of each such Item Requiring Export Certification; and
Inserted: (III) include the attestation described in subparagraph (B)(i).
Inserted: (B) Evidence.--
Inserted: (i) In general.--In completing an export certification application with respect to an Item Requiring Export Certification that the exporter seeks to export, the exporter shall attest that, to the best of the knowledge and belief of the exporter, the exporter is not attempting to export an Item Prohibited from Exportation.
Inserted: (ii) Sufficiency of attestation.--An attestation under clause (i) shall be considered to be sufficient evidence to support the application of the exporter under subparagraph (A)(iii)(III), on the condition that the exporter is not required to provide additional evidence under clause (iii)(I).
Inserted: (iii) Additional requirements.--
Inserted: (I) In general.--The Secretary shall give notice to an exporter that submits an export certification application under subparagraph (A)(i) that the exporter is required to submit additional evidence in accordance with subclause (III) if the Secretary has determined under subparagraph (A)(ii) that the exporter made a willful or knowing false statement on the application or any past export certification application.
Inserted: (II) Delays or denials.--The Secretary shall give notice to an exporter that submits an export certification application under subparagraph (A)(i) that the exporter may submit additional evidence in accordance with subclause (III) if the issuance of an export certification is--
Inserted: (aa) delayed pursuant to the examination by the Secretary of the eligibility of the Item Requiring Export Certification for an export certification; or
Inserted: (bb) denied by the Secretary because the Secretary determined that the Item Requiring Export Certification is not eligible for an export certification under this subsection.
Inserted: (III) Additional evidence.--On receipt of notice under subclause (I), an exporter shall, or on receipt of a notice under subclause (II), an exporter may, provide the Secretary with such additional evidence as the Secretary may require to establish that the Item Requiring Export Certification is eligible for an export certification under this subsection.
Inserted: (C) Database applications.--
Inserted: (i) In general.--The Secretary shall establish and maintain a secure central Federal database information system (referred to in this subparagraph as the "database") for the purpose of making export certification applications available to Indian Tribes and Native Hawaiian organizations.
Inserted: (ii) Collaboration required.--The Secretary shall collaborate with Indian Tribes, Native Hawaiian organizations, and the interagency working group convened under section 7(a) in the design and implementation of the database.
Inserted: (iii) Availability.--Immediately on receipt of an export certification application, the Secretary shall make the export certification application available on the database.
Inserted: (iv) Deletion from database.--On request by an Indian Tribe or Native Hawaiian organization, the Secretary shall delete an export certification application from the database.
Inserted: (v) Technical assistance.--If an Indian Tribe or Native Hawaiian organization lacks sufficient resources to access the database or respond to agency communications in a timely manner, the Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, shall provide technical assistance to facilitate that access or response, as applicable.
Inserted: (D) Issuance of export certification.--
Inserted: (i) On receipt of an export certification application for an Item Requiring Export Certification that meets the requirements of subparagraphs (A) and (B), if the Secretary, in consultation with Indian Tribes and Native Hawaiian organizations with a cultural affiliation with the Item Requiring Export Certification, determines that the Item Requiring Export Certification is eligible for an export certification under paragraph (2), the Secretary may issue an export certification for the Item Requiring Export Certification.
Inserted: (ii) On receipt of an export certification application for an Item Requiring Export Certification that meets the requirements of subparagraphs (A) and (B)--
Inserted: (I) the Secretary shall have 1 business day to notify the relevant Indian Tribes and Native Hawaiian Organizations of an application for export of an Item Requiring Export Certification;
Inserted: (II) Indian Tribes and Native Hawaiian organizations shall have 9 business days to review the export certification application;
Inserted: (III) if an Indian Tribe or Native Hawaiian organization notifies the Secretary that the Item Requiring Export Certification may not be eligible for an export certification under paragraph (2), the Secretary shall have 7 business days to review the application;
Inserted: (IV) if no Indian Tribe or Native Hawaiian organization so notifies the Secretary, the Secretary shall have 1 business day to review the application;
Inserted: (V) with notice to the exporter, the Secretary may extend the review of an application for up to 30 business days if credible evidence is provided that the Item Requiring Export Certification may not be eligible for an export certification under paragraph (2); and
Inserted: (VI) the Secretary shall make a determination to approve or deny the export certification application within the time allotted.
Inserted: (E) Revocation of export certification.--
Inserted: (i) In general.--If credible evidence is provided that indicates that an item that received an export certification under subparagraph (D) is not eligible for an export certification under paragraph (2), the Secretary may immediately revoke the export certification.
Inserted: (ii) Determination.--In determining whether a revocation is warranted under clause (i), the Secretary shall consult with Indian Tribes and Native Hawaiian organizations with a cultural affiliation with the affected Item Requiring Export Certification.
Inserted: (4) Detention, forfeiture, repatriation, and return.--
Inserted: (A) Detention and delivery.--The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall--
Inserted: (i) detain any Item Requiring Export Certification that an exporter attempts to export or otherwise transport without an export certification; and
Inserted: (ii) deliver the Item Requiring Export Certification to the Secretary, for seizure by the Secretary.
Inserted: (B) Forfeiture.--Any Item Requiring Export Certification that is detained under subparagraph (A)(i) shall be subject to forfeiture to the United States in accordance with chapter 46 of title 18, United States Code (including section 983(c) of that chapter).
Inserted: (C) Repatriation or return to exporter.--
Inserted: (i) In general.--Not later than 60 days after the date of delivery to the Secretary of an Item Requiring Export Certification under subparagraph (A)(ii), the Secretary shall determine whether the Item Requiring Export Certification is an Item Prohibited from Exportation.
Inserted: (ii) Repatriation.--If an Item Requiring Export Certification is determined by the Secretary to be an Item Prohibited from Exportation and is forfeited under subparagraph (B), the item shall be expeditiously repatriated to the appropriate Indian Tribe or Native Hawaiian organization in accordance with, as applicable--
Inserted: (I) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act); or
Inserted: (II) the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.).
Inserted: (iii) Return to exporter.--
Inserted: (I) In general.--If the Secretary determines that credible evidence does not establish that the Item Requiring Export Certification is an Item Prohibited from Exportation, or if the Secretary does not complete the determination by the deadline described in clause (i), the Secretary shall return the Item Requiring Export Certification to the exporter.
Inserted: (II) Effect.--The return of an Item Requiring Export Certification to an exporter under subclause (I) shall not mean that the Item Requiring Export Certification is eligible for an export certification under this subsection.
Inserted: (5) Penalties.--
Inserted: (A) Items requiring export certification.--
Inserted: (i) In general.--It shall be unlawful for any person to export, attempt to export, or otherwise transport from the United States any Item Requiring Export Certification without first obtaining an export certification.
Inserted: (ii) Penalties.--Except as provided in subparagraph (D), any person who violates clause (i) shall be--
Inserted: (I) assessed a civil penalty in accordance with such regulations as the Secretary promulgates pursuant to section 10; and
Inserted: (II) subject to any other applicable penalties under this title.
Inserted: (B) Items prohibited from exportation.--Whoever exports an Item Prohibited from Exportation without first securing an export certification shall be liable for a civil money penalty, the amount of which shall equal the total cost of storing and repatriating the Item Prohibited from Exportation.
Inserted: (C) Use of fines collected.--Any amounts collected by the Secretary as a civil penalty under subparagraph (A)(ii)(I) or (B) shall be credited to the currently applicable appropriation, account, or fund of the Department of the Interior as discretionary offsetting collections and shall be available only to the extent and in the amounts provided in advance in appropriations Acts--
Inserted: (i) to process export certification applications under this subsection; and
Inserted: (ii) to store and repatriate the Item Prohibited from Exportation.
Inserted: (D) Voluntary return.--
Inserted: (i) In general.--Any person who attempts to export or otherwise transport from the United States an Item Requiring Export Certification without first obtaining an export certification, but voluntarily returns the Item Requiring Export Certification, or directs the Item Requiring Export Certification to be returned, to the appropriate Indian Tribe or Native Hawaiian organization in accordance with section 6 prior to the commencement of an active Federal investigation shall not be prosecuted for a violation of subparagraph (A) with respect to the Item Requiring Export Certification.
Inserted: (ii) Actions not commencing a federal investigation.--For purposes of clause (i), the following actions shall not be considered to be actions that commence an active Federal investigation:
Inserted: (I) The submission by the exporter of an export certification application for the Item Requiring Export Certification under paragraph (3)(A)(i).
Inserted: (II) The detention of the Item Requiring Export Certification by the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, under paragraph (4)(A)(i).
Inserted: (III) The delivery to the Secretary of the Item Requiring Export Certification by the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, under paragraph (4)(A)(ii).
Inserted: (IV) The seizure by the Secretary of the Item Requiring Export Certification under paragraph (4)(A)(ii).
Inserted: (6) Fees.--
Inserted: (A) In general.--The Secretary may assess reasonable fees limited to the cost of processing export certification applications under this subsection, subject to subparagraph (B).
Inserted: (B) Availability of amounts collected.--Fees authorized under subparagraph (A) shall be collected and available only to the extent and in the amounts provided in advance in appropriations Acts.
Inserted: (7) Administrative appeal.--If the Secretary denies an export certification or an Item Requiring Export Certification is detained under this subsection, the exporter, on request, shall be given a hearing on the record in accordance with such rules and regulations as the Secretary promulgates pursuant to section 10.
Inserted: (8) Training.--
Inserted: (A) In general.--The Secretary, the Secretary of State, the Attorney General, and the heads of all other relevant Federal agencies shall require all appropriate personnel to participate in training regarding applicable laws and consultations to facilitate positive government-to-government interactions with Indian Tribes and Native Hawaiian Organizations.
Inserted: (B) U.S. customs and border protection training.--The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall require all appropriate personnel of U.S. Customs and Border Protection to participate in training provided by the Secretary of the Interior or an Indian Tribe or Native Hawaiian organization to assist the personnel in identifying, handling, and documenting in a culturally sensitive manner Items Requiring Export Certification for purposes of this title.
Inserted: (C) Consultation.--In developing or modifying and delivering trainings under subparagraphs (A) and (B), the applicable heads of Federal agencies shall consult with Indian Tribes and Native Hawaiian organizations.
Inserted: (c) Agreements to Request Return From Foreign Countries.--The President may request from foreign nations agreements that specify concrete measures that the foreign nation will carry out--
Inserted: (1) to discourage commerce in, and collection of, Items Prohibited from Exportation;
Inserted: (2) to encourage the voluntary return of tangible cultural heritage; and
Inserted: (3) to expand the market for the products of Indian art and craftsmanship in accordance with section 2 of the Act of August 27, 1935 (49 Stat. 891, chapter 748; 25 U.S.C. 305a) (commonly known as the "Indian Arts and Crafts Act").
Inserted: SEC. 5706. VOLUNTARY RETURN OF TANGIBLE CULTURAL HERITAGE.
Inserted: (a) Liaison.--The Secretary and the Secretary of State shall each designate a liaison to facilitate the voluntary return of tangible cultural heritage.
Inserted: (b) Trainings and Workshops.--The liaisons designated under subsection (a) shall offer to representatives of Indian Tribes and Native Hawaiian organizations and collectors, dealers, and other individuals and organizations trainings and workshops regarding the voluntary return of tangible cultural heritage.
Inserted: (c) Referrals.--
Inserted: (1) In general.--The Secretary shall refer individuals and organizations to 1 or more Indian Tribes and Native Hawaiian organizations with a cultural affiliation to tangible cultural heritage for the purpose of facilitating the voluntary return of tangible cultural heritage.
Inserted: (2) Referral representatives.--The Secretary shall compile a list of representatives from each Indian Tribe and Native Hawaiian organization for purposes of referral under paragraph (1).
Inserted: (3) Consultation.--The Secretary shall consult with Indian Tribes, Native Hawaiian organizations, and the Native working group convened under section 8(a) before making a referral under paragraph (1).
Inserted: (4) Third-party experts.--The Secretary may use third parties with relevant expertise, including institutions of higher education, museums, dealers, and collector organizations, in determining to which Indian Tribe or Native Hawaiian organization an individual or organization should be referred under paragraph (1).
Inserted: (d) Legal Liability.--Nothing in this section imposes on any individual or entity any additional penalties or legal liability.
Inserted: (e) Tax Documentation.--In facilitating the voluntary return of tangible cultural heritage under this section, the Secretary shall include provision of tax documentation for a deductible gift to an Indian Tribe or Native Hawaiian organization, if the recipient Indian Tribe or Native Hawaiian organization consents to the provision of tax documentation.
Inserted: (f) Repatriation Under Native American Graves Protection and Repatriation Act.--The voluntary return provisions of this section shall apply to a specific item of tangible cultural heritage only to the extent that the repatriation provisions under section 7 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3005) do not apply to the item of tangible cultural heritage.
Inserted: SEC. 5707. INTERAGENCY WORKING GROUP.
Inserted: (a) In General.--The Secretary shall designate a coordinating office to convene an interagency working group consisting of representatives from the Departments of the Interior, Justice, State, and Homeland Security.
Inserted: (b) Goals.--The goals of the interagency working group convened under subsection (a) are--
Inserted: (1) to facilitate the repatriation to Indian Tribes and Native Hawaiian organizations of items that have been illegally removed or trafficked in violation of applicable law;
Inserted: (2) to protect tangible cultural heritage, cultural items, and archaeological resources still in the possession of Indian Tribes and Native Hawaiian organizations; and
Inserted: (3) to improve the implementation by the applicable Federal agencies of--
Inserted: (A) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act);
Inserted: (B) the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.); and
Inserted: (C) other relevant Federal laws.
Inserted: (c) Responsibilities.--The interagency working group convened under subsection (a) shall--
Inserted: (1) aid in implementation of this title and the amendments made by this title, including by aiding in--
Inserted: (A) the voluntary return of tangible cultural heritage under section 6; and
Inserted: (B) halting international sales of items that are prohibited from being trafficked under Federal law; and
Inserted: (2) collaborate with--
Inserted: (A) the Native working group convened under section 8(a);
Inserted: (B) the review committee established under section 8(a) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3006(a));
Inserted: (C) the Cultural Heritage Coordinating Committee established pursuant to section 2 of the Protect and Preserve International Cultural Property Act (Public Law 114-151; 19 U.S.C. 2601 note); and
Inserted: (D) any other relevant committees and working groups.
Inserted: SEC. 5708. NATIVE WORKING GROUP.
Inserted: (a) In General.--The Secretary shall convene a Native working group consisting of not fewer than 12 representatives of Indian Tribes and Native Hawaiian organizations with relevant expertise, who shall be nominated by Indian Tribes and Native Hawaiian organizations, to advise the Federal Government in accordance with this section.
Inserted: (b) Recommendations.--The Native working group convened under subsection (a) may provide recommendations regarding--
Inserted: (1) the voluntary return of tangible cultural heritage by collectors, dealers, and other individuals and non-Federal organizations that hold such tangible cultural heritage; and
Inserted: (2) the elimination of illegal commerce of cultural items and archaeological resources in the United States and foreign markets.
Inserted: (c) Requests.--The Native working group convened under subsection (a) may make formal requests to initiate certain agency actions, including requests that--
Inserted: (1) the Department of Justice initiate judicial proceedings domestically or abroad to aid in the repatriation cultural items and archaeological resources; and
Inserted: (2) the Department of State initiate dialogue through diplomatic channels to aid in that repatriation.
Inserted: (d) Agency and Committee Assistance.--
Inserted: (1) In general.--On request by the Native working group convened under subsection (a), the agencies and committees described in paragraph (2) shall make efforts to provide information and assistance to the Native working group.
Inserted: (2) Description of agencies and committees.--The agencies and committees referred to in paragraph (1) are the following:
Inserted: (A) The Department of the Interior.
Inserted: (B) The Department of Justice.
Inserted: (C) The Department of Homeland Security.
Inserted: (D) The Department of State.
Inserted: (E) The review committee established under section 8(a) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3006(a)).
Inserted: (F) The Cultural Heritage Coordinating Committee established pursuant to section 2 of the Protect and Preserve International Cultural Property Act (Public Law 114-151; 19 U.S.C. 2601 note).
Inserted: (G) Any other relevant Federal agency, committee, or working group.
Inserted: (e) Applicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Native working group convened under subsection (a).
Inserted: SEC. 5709. TREATMENT UNDER FREEDOM OF INFORMATION ACT.
Inserted: (a) In General.--Except as provided in subsection (c), the following information shall be exempt from disclosure under section 552 of title 5, United States Code:
Inserted: (1) Information that a representative of an Indian Tribe or Native Hawaiian organization--
Inserted: (A) submits to a Federal agency pursuant to this title or an amendment made by this title; and
Inserted: (B) designates as sensitive or private according to Native American custom, law, culture, or religion.
Inserted: (2) Information that any person submits to a Federal agency pursuant to this title or an amendment made by this title that relates to an item for which an export certification is denied under this title.
Inserted: (b) Applicability.--For purposes of subsection (a), this title shall be considered a statute described in section 552(b)(3)(B) of title 5, United States Code.
Inserted: (c) Exception.--An Indian Tribe or Native Hawaiian organization may request and shall receive its own information, as described in subsection (a), from the Federal agency to which the Indian Tribe or Native Hawaiian organization submitted the information.
Inserted: SEC. 5710. REGULATIONS.
Inserted: Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of State, the Secretary of Homeland Security, and the Attorney General, and after consultation with Indian Tribes and Native Hawaiian organizations, shall promulgate rules and regulations to carry out this title.
Inserted: SEC. 5711. AUTHORIZATION OF APPROPRIATIONS.
Inserted: There is authorized to be appropriated to carry out this title $3,000,000 for each of fiscal years 2022 through 2027.
Inserted: SEC. 5712. DETERMINATION OF BUDGETARY EFFECTS.
Inserted: The budgetary effects of this title, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this title, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
Inserted: TITLE LVIII--DON YOUNG ALASKA NATIVE HEALTH CARE LAND TRANSFERS ACT OF 2022
Inserted: SEC. 5801. SHORT TITLE.
Inserted: This title may be cited as the "Don Young Alaska Native Health Care Land Transfers Act of 2022".
Inserted: SEC. 5802. DEFINITIONS.
Inserted: For the purposes of this title:
Inserted: (1) Consortia.--The term "Consortia" means the Alaska Native Tribal Health Consortium and Southeast Alaska Regional Health Consortium.
Inserted: (2) Council.--The term "Council" means the Tanana Tribal Council located in Tanana, Alaska.
Inserted: (3) Secretary.--The term "Secretary" means the Secretary of Health and Human Services.
Inserted: SEC. 5803. CONVEYANCES OF PROPERTY.
Inserted: (a) Conveyance of Property to the Tanana Tribal Council.--
Inserted: (1) In general.--As soon as practicable, but not later than 180 days, after the date of the enactment of this Act, the Secretary shall convey to the Council all right, title, and interest of the United States in and to the property described in paragraph (2) for use in connection with health and social services programs.
Inserted: (2) Property described.--The property referred to in paragraph (1), including all land, improvements, and appurtenances, described in this paragraph is the property included in U.S. Survey No. 5958 in the village of Tanana, Alaska, within surveyed lot 12, T. 4 N., R. 22 W., Fairbanks Meridian, Alaska, containing approximately 11.25 acres.
Inserted: (b) Conveyance of Property to the Southeast Alaska Regional Health Consortium.--
Inserted: (1) In general.--As soon as practicable, but not later than 2 years, after the date of the enactment of this Act, the Secretary shall convey to the Southeast Alaska Regional Health Consortium located in Sitka, Alaska, all right, title, and interest of the United States in and to the property described in paragraph (2) for use in connection with health and social services programs.
Inserted: (2) Property described.--The property referred to in paragraph (1), including all land and appurtenances, described in this paragraph is the property included in U.S. Survey 1496, lots 4 and 7, partially surveyed T. 55 S., R. 63 E., Copper River Meridian, containing approximately 10.87 acres in Sitka, Alaska.
Inserted: (c) Conveyance of Property to the Alaska Native Tribal Health Consortium.--
Inserted: (1) In general.--As soon as practicable, but not later than 1 year, after the date of the enactment of this Act, the Secretary shall convey to the Alaska Native Tribal Health Consortium located in Anchorage, Alaska, all right, title, and interest of the United States in and to the property described in paragraph (2) for use in connection with health programs.
Inserted: (2) Property described.--The property referred to in paragraph (1), including all land, improvements, and appurtenances, is the following:
Inserted: (A) Lot 1A in Block 31A, East Addition, Anchorage Townsite, United States Survey No. 408, Plat No. 96-117, recorded on November 22, 1996, in the Anchorage Recording District.
Inserted: (B) Block 32C, East Addition, Anchorage Townsite, United States Survey No. 408, Plat No. 96-118, recorded on November 22, 1996, in the Anchorage Recording District.
Inserted: SEC. 5804. CONDITIONS OF THE CONVEYANCE OF THE PROPERTIES.
Inserted: (a) Conditions.--The conveyance of the properties under section 5803--
Inserted: (1) shall be made by warranty deed; and
Inserted: (2) shall not--
Inserted: (A) require any consideration from the Consortia or the Council for the property;
Inserted: (B) impose any obligation, term, or condition on the Consortia or the Council regarding the property; or
Inserted: (C) allow for any reversionary interest of the United States in the property.
Inserted: (b) Effect on Any Quitclaim Deed.--The conveyance by the Secretary of title by warranty deed under subsection (a)(1) shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the properties described in section 5803 executed by the Secretary and the Consortia or the Council.
Inserted: SEC. 5805. ENVIRONMENTAL LIABILITY.
Inserted: (a) Liability.--
Inserted: (1) In general.--Notwithstanding any other provision of law, neither the Consortia nor the Council shall be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in section 5803 that occurred on or before the date on which the Consortia or the Council controlled, occupied, and used the properties.
Inserted: (2) Environmental contamination.--An environmental contamination described in paragraph (1) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law.
Inserted: (b) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under this title as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary.
Inserted: (c) Notice of Hazardous Substance Activity and Warranty.--In carrying out this section, the Secretary shall comply with section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
Inserted: (d) Limitation on Applicability.--The provisions in this section apply only to the property conveyances specifically required by this title.
Inserted: TITLE LIX--RESPECT ACT
Inserted: SEC. 5901. SHORT TITLE.
Inserted: This title may be cited as the "Repealing Existing Substandard Provisions Encouraging Conciliation with Tribes Act" or the "RESPECT Act".
Inserted: SEC. 5902. REPEAL OF CERTAIN OBSOLETE LAWS RELATING TO INDIANS.
Inserted: (1) Section 2080 of the Revised Statutes (25 U.S.C. 72) is repealed.
Inserted: (2) Section 2100 of the Revised Statutes (25 U.S.C. 127) is repealed.
Inserted: (3) Section 2 of the Act of March 3, 1875 (18 Stat. 449, chapter 132; 25 U.S.C. 128), is repealed.
Inserted: (4) The first section of the Act of March 3, 1875 (18 Stat. 424, chapter 132; 25 U.S.C. 129), is amended under the heading "CHEYENNES AND ARAPAHOES." by striking "; that the Secretary of the Interior be authorized to withhold, from any tribe of Indians who may hold any captives other than Indians, any moneys due them from the United States until said captives shall be surrendered to the lawful authorities of the United States".
Inserted: (5) Section 2087 of the Revised Statutes (25 U.S.C. 130) is repealed.
Inserted: (6) Section 3 of the Act of March 3, 1875 (18 Stat. 449, chapter 132; 25 U.S.C. 137), is repealed.
Inserted: (7) Section 2101 of the Revised Statutes (25 U.S.C. 138) is repealed.
Inserted: (8) Section 7 of the Act of June 23, 1879 (21 Stat. 35, chapter 35; 25 U.S.C. 273), is repealed.
Inserted: (9) The first section of the Act of March 3, 1893 (27 Stat. 612, chapter 209), is amended--
Inserted: (A) under the heading "MISCELLANEOUS SUPPORTS." (27 Stat. 628; 25 U.S.C. 283), by striking the last 2 undesignated paragraphs; and
Inserted: (B) under the heading "FOR SUPPORT OF SCHOOLS." (27 Stat. 635; 25 U.S.C. 283), by striking the second undesignated paragraph.
Inserted: (10) Section 18 of the Act of June 30, 1913 (38 Stat. 96, chapter 4; 25 U.S.C. 285), is amended by striking the tenth undesignated paragraph.
Inserted: (11) The Act of June 21, 1906 (34 Stat. 325, chapter 3504), is amended under the heading "commissioner." under the heading "I. GENERAL PROVISIONS." (34 Stat. 328; 25 U.S.C. 302) by striking the fourth undesignated paragraph.
Inserted: TITLE LX--AGUA CALIENTE LAND EXCHANGE FEE TO TRUST CONFIRMATION ACT
Inserted: SEC. 6001. SHORT TITLE.
Inserted: This title may be cited as the "Agua Caliente Land Exchange Fee to Trust Confirmation Act".
Inserted: SEC. 6002. LAND TO BE TAKEN INTO TRUST FOR THE BENEFIT OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS.
Inserted: (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.
Inserted: (b) Administration.--Land taken into trust by subsection (a) shall be--
Inserted: (1) part of the reservation of the Agua Caliente Band of Cahuilla Indians; and
Inserted: (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.
Inserted: (c) Gaming Prohibited.--Land taken into trust by subsection (a) shall not be eligible for gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
Inserted: TITLE LXI--URBAN INDIAN HEALTH CONFER ACT
Inserted: SEC. 6101. SHORT TITLE.
Inserted: This title may be cited as the "Urban Indian Health Confer Act".
Inserted: SEC. 6102. URBAN INDIAN ORGANIZATION CONFER POLICY.
Inserted: Section 514(b) of the Indian Health Care Improvement Act (25 U.S.C. 1660d) is amended to read as follows:
Inserted: "(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--
Inserted: "(1) this Act; and
Inserted: "(2) other provisions of law relating to Indian health care.".
Inserted: TITLE LXII--OLD PASCUA COMMUNITY LAND ACQUISITION ACT
Inserted: SEC. 6201. SHORT TITLE.
Inserted: This title may be cited as the "Old Pascua Community Land Acquisition Act".
Inserted: SEC. 6202. DEFINITIONS.
Inserted: In this title:
Inserted: (1) Compact-designated area.--The term "Compact Designated Area" means the area south of West Grant Road, east of Interstate 10, north of West Calle Adelanto, and west of North 15th Avenue in the City of Tucson, Arizona, as provided specifically in the Pascua Yaqui Tribe--State of Arizona Amended and Restated Gaming Compact signed in 2021.
Inserted: (2) Tribe.--The term "Tribe" means the Pascua Yaqui Tribe of Arizona, a federally recognized Indian tribe.
Inserted: (3) Indian tribe.--The term "Indian Tribe"--
Inserted: (A) means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and
Inserted: (B) does not include any Alaska Native regional or village corporation.
Inserted: (4) Secretary.--The term "Secretary" means the Secretary of the Interior.
Inserted: SEC. 6203. LAND TO BE HELD IN TRUST.
Inserted: Upon the request of the Tribe, the Secretary shall accept and take into trust for the benefit of the Tribe, subject to all valid existing rights, any land within the Compact-Designated Area that is owned by Tribe.
Inserted: SEC. 6204. APPLICATION OF CURRENT LAW.
Inserted: Gaming conducted by the Tribe in the Compact-Designated Area shall be subject to--
Inserted: (1) the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.); and
Inserted: (2) sections 1166 through 1168 of title 18, United States Code.
Inserted: SEC. 6205. REAFFIRMATION OF STATUS AND ACTIONS.
Inserted: (a) Administration.--Land placed into trust pursuant to this title shall--
Inserted: (1) be a part of the Pascua Yaqui Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe; and
Inserted: (2) be deemed to have been acquired and taken into trust on September 18, 1978.
Inserted: (b) Rules of Construction.--Nothing in this title shall--
Inserted: (1) enlarge, impair, or otherwise affect any right or claim of the Tribe to any land or interest in land in existence before the date of the enactment of this Act;
Inserted: (2) affect any water right of the Tribe in existence before the date of the enactment of this Act;
Inserted: (3) terminate or limit any access in any way to any right-of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act; or
Inserted: (4) alter or diminish the right of the Tribe to seek to have additional land taken into trust by the United States for the benefit of the Tribe.
Inserted: TITLE LXIII--NATIVE AMERICAN TOURISM GRANT PROGRAMS
Inserted: SEC. 6301. NATIVE AMERICAN TOURISM GRANT PROGRAMS.
Inserted: The Native American Tourism and Improving Visitor Experience Act (25 U.S.C. 4351 et seq.) is amended--
Inserted: (1) by redesignating section 6 (25 U.S.C. 4355) as section 7; and
Inserted: (2) by inserting after section 5 (25 U.S.C. 4354) the following:
Inserted: "SEC. 6. NATIVE AMERICAN TOURISM GRANT PROGRAMS.
Inserted: "(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.
Inserted: "(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.
Inserted: "(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.
Inserted: "(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.".
Inserted: TITLE LXIV--BLACKWATER TRADING POST
Inserted: SEC. 6401. SHORT TITLE.
Inserted: This title may be cited as the "Blackwater Trading Post Land Transfer Act".
Inserted: SEC. 6402. DEFINITIONS.
Inserted: In this title:
Inserted: (1) Blackwater trading post land.--The term "Blackwater Trading Post Land" means the approximately 55.3 acres of land as depicted on the map that--
Inserted: (A) is located in Pinal County, Arizona, and bordered by Community land to the east, west, and north and State Highway 87 to the south; and
Inserted: (B) is owned by the Community.
Inserted: (2) Community.--The term "Community" means the Gila River Indian Community of the Reservation.
Inserted: (3) Map.--The term "map" means the map entitled "Results of Survey, Ellis Property, A Portion of the West \1/2\ of Section 12, Township 5 South, Range 7 East, Gila and Salt River Meridian, Pinal County, Arizona" and dated October 15, 2012.
Inserted: (4) Reservation.--The term "Reservation" means the land located within the exterior boundaries of the reservation created under sections 3 and 4 of the Act of February 28, 1859 (11 Stat. 401, chapter LXVI), and Executive orders of August 31, 1876, June 14, 1879, May 5, 1882, November 15, 1883, July 31, 1911, June 2, 1913, August 27, 1914, and July 19, 1915, and any other lands placed in trust for the benefit of the Community.
Inserted: (5) Secretary.--The term "Secretary" means the Secretary of the Interior.
Inserted: SEC. 6403. LAND TAKEN INTO TRUST FOR BENEFIT OF THE GILA RIVER INDIAN COMMUNITY.
Inserted: (a) In General.--The Secretary shall take the Blackwater Trading Post Land into trust for the benefit of the Community, after the Community--
Inserted: (1) conveys to the Secretary all right, title, and interest of the Community in and to the Blackwater Trading Post Land;
Inserted: (2) submits to the Secretary a request to take the Blackwater Trading Post Land into trust for the benefit of the Community;
Inserted: (3) conducts a survey (to the satisfaction of the Secretary) to determine the exact acreage and legal description of the Blackwater Trading Post Land, if the Secretary determines a survey is necessary; and
Inserted: (4) pays all costs of any survey conducted under paragraph (3).
Inserted: (b) Availability of Map.--Not later than 180 days after the Blackwater Trading Post Land is taken into trust under subsection (a), the map shall be on file and available for public inspection in the appropriate offices of the Secretary.
Inserted: (c) Lands Taken Into Trust Part of Reservation.--After the date on which the Blackwater Trading Post Land is taken into trust under subsection (a), the land shall be treated as part of the Reservation.
Inserted: (d) Gaming.--Class II and class III gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not be allowed at any time on the land taken into trust under subsection (a).
Inserted: (e) Description.--
Inserted: (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall cause the full metes-and-bounds description of the Blackwater Trading Post Land to be published in the Federal Register.
Inserted: (2) Treatment.--The description under paragraph (1) shall, on publication, constitute the official description of the Blackwater Trading Post Land.
Original wording
At the end, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 6341. Mr. SCHATZ (for himself and Ms. Murkowski) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--PROVISIONS RELATING TO NATIVE AMERICANS
TITLE LI--NATIVE AMERICAN LANGUAGE RESOURCE CENTER ACT OF 2022
SEC. 5101. SHORT TITLE.
This title may be cited as the “Native American Language Resource Center Act of 2022”.
SEC. 5102. NATIVE AMERICAN LANGUAGE RESOURCE CENTERS.
(a) Purpose.--The purpose of this title is to further align the resources provided by the Department of Education with the policies set forth in the Native American Languages Act (25 U.S.C. 2901 et seq.) through establishment of a program within the Department of Education to support 1 or more Native American language resource centers.
(b) In General.--The Secretary of Education is authorized to make a grant to, or enter into a contract with, an eligible entity for the purpose of--
(1) establishing, strengthening, and operating a Native American language resource center; and
(2) staffing the center with individuals with relevant expertise and experience, including staff who speak American Indian and Alaska Native languages and the Native Hawaiian language and have worked in language education in the American Indian and Alaska Native languages and the Native Hawaiian language in a preschool, elementary school, secondary school, adult education, or higher education program.
(c) Authorized Activities.--The Native American language resource center established under subsection (b) shall carry out activities to--
(1) improve the capacity to teach and learn Native American languages;
(2) further Native American language use and acquisition;
(3) preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages in furtherance of--
(A) the policies set forth in the Native American Languages Act (25 U.S.C. 2901 et seq.); and
(B) the United States trust responsibility to Native American communities;
(4) address the effects of past discrimination and ongoing inequities experienced by Native American language speakers;
(5) support the revitalization and reclamation of Native American languages; and
(6) support the use of Native American languages as a medium of instruction for a wide variety of age levels, academic content areas, and types of schools, including Native American language medium education.
(d) Additional Authorized Activities.--The Native American language resource center established under subsection (b) may also carry out activities--
(1) to encourage and support the use of Native American languages within educational systems in the same manner as other world languages, including by encouraging State educational agencies, local educational agencies, and institutions of higher education to offer Native American language courses the same full academic credit as courses in other world languages;
(2) to support the development, adoption, and use of educational outcome metrics aligned with the Native American language of instruction, including assessments, qualifications, and processes based on promising practices in Native American language medium education;
(3) to provide assistance to Native American language programs seeking Federal resources;
(4) to encourage and support teacher preparation programs that prepare teachers to teach Native American languages and to use Native American languages as a medium of instruction, including by disseminating promising practices and developing pedagogical programming and through appropriate alternative pathways to teacher certification;
(5) to provide information and resources--
(A) on promising practices in the use and revitalization of Native American languages in Native American communities, including use in educational institutions; and
(B) for the use of technology in school and community-based Native American language programs to support the retention, use, and teaching of Native American languages;
(6) to support the use of distance learning technologies and training for parents, students, teachers, and learning support staff associated with Native American language programs, including--
(A) the compilation and curation of digital libraries and other online resources for Native American languages, except that any materials collected by the center shall only be materials provided by a Native American language program or Native American community;
(B) the development of distance learning curricula appropriate for preschool, elementary school, secondary school, adult education, and postsecondary education;
(C) pedagogical training for Native American language teachers; and
(D) other efforts necessary to continue Native American language acquisition through distance learning;
(7) to provide technical assistance for Native American communities and school systems to develop Native American language medium education programs in preschool, elementary school, secondary school, or adult education programs conducted through the medium of Native American languages;
(8) to support Native American language programs and Native American communities in--
(A) accessing international best practices, resources, and research in indigenous language revitalization; and
(B) gathering and sharing technical assistance, promising practices, and experiences;
(9) for the operation of intensive programs, including summer institutes, to train Native American language speakers, to provide professional development, and to improve Native American language instruction through preservice and in-service language training for teachers; and
(10) that otherwise support the Native American language resource center established under subsection (b) to carry out the activities required in subsection (c).
(e) Definitions.--In this section:
(1) ESEA definitions.--The terms “elementary school”, “local educational agency”, “secondary school”, and “State educational agency” have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) Eligible entity.--The term “eligible entity” means--
(A) an institution of higher education;
(B) an entity within an institution of higher education with dedicated expertise in Native American language and culture education; or
(C) a consortium that includes 1 or more institutions of higher education or 1 or more entities described in subparagraph (B).
(3) Institution of higher education.--The term “institution of higher education” has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(4) Native american; native american language.--The terms “Native American” and “Native American language” have the meanings given those terms in section 103 of the Native American Languages Act (25 U.S.C. 2902).
(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $3,000,000 for each fiscal year.
TITLE LII--DURBIN FEELING NATIVE AMERICAN LANGUAGES ACT OF 2022
SEC. 5201. SHORT TITLE.
This title may be cited as the “Durbin Feeling Native American Languages Act of 2022”.
SEC. 5202. ENSURING THE SURVIVAL AND CONTINUING VITALITY OF NATIVE AMERICAN LANGUAGES.
(a) In General.--Section 106 of the Native American Languages Act (25 U.S.C. 2905) is amended by adding at the end the following:
“(c) Evaluation; Report.--Not later than 1 year after the date of enactment of this subsection, the President shall--
“(1) require the heads of the various Federal departments, agencies, and instrumentalities to carry out an evaluation described in subsection (a)(1); and
“(2) submit to Congress a report that describes--
“(A) the results of the evaluations; and
“(B) the recommendations of the Secretary of the Interior, the Secretary of Health and Human Services, and the Secretary of Education, after consultation with Indian tribes, traditional leaders, and representatives of Native American language communities, for amendments to Federal laws that are needed--
“(i) to bring the Federal laws into compliance with this Act;
“(ii) to improve interagency coordination for purposes of supporting revitalization, maintenance, and use of Native American languages; and
“(iii) to reduce duplication, inefficiencies, and barriers Native American language communities face in accessing Federal programs to support efforts to revitalize, maintain, or increase the use of Native American languages.”.
(b) Survey on Native American Languages.--The Native American Languages Act (25 U.S.C. 2901 et seq.) is amended by adding at the end the following:
“SEC. 108. SURVEY ON NATIVE AMERICAN LANGUAGES.
“(a) In General.--Not later than 18 months after the date of enactment of this section, and every 5 years thereafter, the Secretary of Health and Human Services, acting through the Commissioner of the Administration for Native Americans (referred to in this section as the ‘Secretary'), shall undertake a survey of the use of all Native American languages in the United States.
“(b) Updates.--Prior to conducting each subsequent survey after the initial survey under subsection (a), the Secretary shall update the survey in accordance with this section.
“(c) Consultation Required.--The Secretary shall design the initial survey under subsection (a) and each updated survey under subsection (b)--
“(1) in consultation with Indian tribes; and
“(2) after considering feedback received from Native American language speakers and experts.
“(d) Contents.--Each survey under subsection (a) shall solicit--
“(1) information on which Native American languages are currently spoken;
“(2) estimates of the number of speakers of each Native American language;
“(3) any language usage statistics or information that the Secretary, in consultation with Indian tribes and Native American language speakers and experts, determines to be relevant and appropriate;
“(4) information on the types of Native American language maintenance and revitalization projects and practices that are currently being carried out;
“(5) information on any unmet Native American language resource needs of Indian tribes and Native American language communities; and
“(6) any other information that the Secretary, in consultation with Indian tribes and Native American language speakers and experts, determines to be necessary.
“(e) Coordination.--The Secretary may coordinate, and enter into cooperative agreements with, the Director of the Bureau of the Census for the purposes of carrying out this section.
“(f) Outreach and Engagement.--
“(1) In general.--The Secretary shall carry out outreach and engagement activities to provide Indian tribes, Native language communities, and the public information about--
“(A) opportunities to provide input on the development and design of each survey under subsection (a), including information on the consultations required under subsection (c);
“(B) the goals and purpose of the surveys conducted under subsection (a); and
“(C) the benefits and importance of participation in surveys under subsection (a).
“(2) Grants, contracts, and cooperative agreements authorized.--The Secretary may carry out the outreach and engagement activities required under paragraph (1)--
“(A) directly;
“(B) in partnership with the Bureau of the Census; or
“(C) through grants to, or contracts or cooperative agreements with--
“(i) Indian tribes;
“(ii) tribal organizations; and
“(iii) nonprofit organizations that work with Indian tribes, Native American language programs, and Native American language communities.
“(g) Limitation.--Nothing in this section requires an Indian tribe, Native American language community, or Native American language speaker--
“(1) to participate in a survey under subsection (a); or
“(2) to provide specific or culturally sensitive information in completing such a survey.
“(h) Availability of Survey Materials and Findings.--
“(1) In general.--Not later than 1 year after the date of enactment of this section, and prior to conducting each survey under subsection (a), the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives, and make publicly available, a description of--
“(A) the feedback received under subsection (c) on the design of the survey;
“(B) the form and content of the survey;
“(C) the plan for deploying the survey to ensure a robust response; and
“(D) how the Secretary will ensure any survey enumeration efforts are culturally informed and appropriate.
“(2) Results.--Not later than 90 days after the date on which analysis of each survey under subsection (a) is completed, the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives, and make publicly available, the results of the survey.
“(i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,500,000 for each fiscal year--
“(1) preceding a fiscal year during which a survey under subsection (a) is conducted; and
“(2) during which a survey under that subsection is conducted.”.
TITLE LIII--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION REAUTHORIZATION ACT OF 2022
SEC. 5301. SHORT TITLE.
This title may be cited as the “Native American Housing Assistance and Self-Determination Reauthorization Act of 2022”.
SEC. 5302. CONSOLIDATION OF ENVIRONMENTAL REVIEW REQUIREMENTS.
Section 105 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by adding at the end the following:
“(e) Consolidation of Environmental Review Requirements.--
“(1) In general.--In the case of a recipient of grant amounts under this Act that is carrying out a project that qualifies as an affordable housing activity under section 202, if the recipient is using 1 or more additional sources of Federal funds to carry out the project, and the grant amounts received under this Act constitute the largest single source of Federal funds that the recipient reasonably expects to commit to the project at the time of environmental review, the Indian tribe of the recipient may assume, in addition to all of the responsibilities for environmental review, decision making, and action under subsection (a), all of the additional responsibilities for environmental review, decision making, and action under provisions of law that would apply to each Federal agency providing additional funding were the Federal agency to carry out the project as a Federal project.
“(2) Discharge.--The assumption by the Indian tribe of the additional responsibilities for environmental review, decision making, and action under paragraph (1) with respect to a project shall be deemed to discharge the responsibility of the applicable Federal agency for environmental review, decision making, and action with respect to the project.
“(3) Certification.--An Indian tribe that assumes the additional responsibilities under paragraph (1), shall certify, in addition to the requirements under subsection (c)--
“(A) the additional responsibilities that the Indian tribe has fully carried out under this subsection; and
“(B) that the certifying officer consents to assume the status of a responsible Federal official under the provisions of law that would apply to each Federal agency providing additional funding under paragraph (1).
“(4) Liability.--
“(A) In general.--An Indian tribe that completes an environmental review under this subsection shall assume sole liability for the content and quality of the review.
“(B) Remedies and sanctions.--Except as provided in subparagraph (C), if the Secretary approves a certification and release of funds to an Indian tribe for a project in accordance with subsection (b), but the Secretary or the head of another Federal agency providing funding for the project subsequently learns that the Indian tribe failed to carry out the responsibilities of the Indian tribe as described in subsection (a) or paragraph (1), as applicable, the Secretary or other head, as applicable, may impose appropriate remedies and sanctions in accordance with--
“(i) the regulations issued pursuant to section 106; or
“(ii) such regulations as are issued by the other head.
“(C) Statutory violation waivers.--If the Secretary waives the requirements under this section in accordance with subsection (d) with respect to a project for which an Indian tribe assumes additional responsibilities under paragraph (1), the waiver shall prohibit any other Federal agency providing additional funding for the project from imposing remedies or sanctions for failure to comply with requirements for environmental review, decision making, and action under provisions of law that would apply to the Federal agency.”.
SEC. 5303. AUTHORIZATION OF APPROPRIATIONS.
Section 108 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4117) is amended, in the first sentence, by striking “2009 through 2013” and inserting “2023 through 2033”.
SEC. 5304. STUDENT HOUSING ASSISTANCE.
Section 202(3) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4132(3)) is amended by inserting “including education-related stipends, college housing assistance, and other education-related assistance for low-income college students,” after “self-sufficiency and other services,”.
SEC. 5305. APPLICATION OF RENT RULE ONLY TO UNITS OWNED OR OPERATED BY INDIAN TRIBE OR TRIBALLY DESIGNATED HOUSING ENTITY.
Section 203(a)(2) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is amended by inserting “owned or operated by a recipient and” after “residing in a dwelling unit”.
SEC. 5306. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND SERVICES.
Section 203(g) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4133(g)) is amended by striking “$5,000” and inserting “$10,000”.
SEC. 5307. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME REQUIREMENT AND INCOME TARGETING.
Section 205 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4135) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (C), by striking “and” at the end; and
(B) by adding at the end the following:
“(E) notwithstanding any other provision of this paragraph, in the case of rental housing that is made available to a current rental family for conversion to a homebuyer or a lease-purchase unit, that the current rental family can purchase through a contract of sale, lease-purchase agreement, or any other sales agreement, is made available for purchase only by the current rental family, if the rental family was a low-income family at the time of their initial occupancy of such unit; and”; and
(2) in subsection (c)--
(A) by striking “The provisions” and inserting the following:
“(1) In general.--The provisions”; and
(B) by adding at the end the following:
“(2) Applicability to improvements.--The provisions of subsection (a)(2) regarding binding commitments for the remaining useful life of property shall not apply to improvements of privately owned homes if the cost of the improvements do not exceed 10 percent of the maximum total development cost for the home.”.
SEC. 5308. LEASE REQUIREMENTS AND TENANT SELECTION.
Section 207 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4137) is amended by adding at the end the following:
“(c) Notice of Termination.--The notice period described in subsection (a)(3) shall apply to projects and programs funded in part by amounts authorized under this Act.”.
SEC. 5309. INDIAN HEALTH SERVICE.
(a) In General.--Subtitle A of title II of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4131 et seq.) is amended by adding at the end the following:
“SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.
“Notwithstanding any other provision of law, the Director of the Indian Health Service, or a recipient receiving funding for a housing construction or renovation project under this title, may use funding from the Indian Health Service for the construction of sanitation facilities under that project.”.
(b) Clerical Amendment.--The table of contents in section 1(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (Public Law 104-330; 110 Stat. 4016) is amended by inserting after the item relating to section 210 the following:
“Sec. 211. IHS sanitation facilities construction.”.
SEC. 5310. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN EMERGENCIES.
Section 401(a)(4) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is amended--
(1) in subparagraph (A), by striking “may take an action described in paragraph (1)(C)” and inserting “may immediately take an action described in paragraph (1)(C)”; and
(2) by striking subparagraph (B) and inserting the following:
“(B) Procedural requirements.--
“(i) In general.--If the Secretary takes an action described in subparagraph (A), the Secretary shall provide notice to the recipient at the time that the Secretary takes that action.
“(ii) Notice requirements.--The notice under clause (i) shall inform the recipient that the recipient may request a hearing by not later than 30 days after the date on which the Secretary provides the notice.
“(iii) Hearing requirements.--A hearing requested under clause (ii) shall be conducted--
“(I) in accordance with subpart A of part 26 of title 24, Code of Federal Regulations (or successor regulations); and
“(II) to the maximum extent practicable, on an expedited basis.
“(iv) Failure to conduct a hearing.--If a hearing requested under clause (ii) is not completed by the date that is 180 days after the date on which the recipient requests the hearing, the action of the Secretary to limit the availability of payments shall no longer be effective.”.
SEC. 5311. REPORTS TO CONGRESS.
Section 407 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4167) is amended--
(1) in subsection (a), by striking “Congress” and inserting “Committee on Indian Affairs and the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives”; and
(2) by adding at the end the following:
“(c) Public Availability.--The report described in subsection (a) shall be made publicly available, including to recipients.”.
SEC. 5312. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR HOUSING PURPOSES.
Section 702 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4211) is amended--
(1) in the section heading, by striking “50-year” and inserting “99-year”;
(2) in subsection (b), by striking “50 years” and inserting “99 years”; and
(3) in subsection (c)(2), by striking “50 years” and inserting “99 years”.
SEC. 5313. AMENDMENTS FOR BLOCK GRANTS FOR AFFORDABLE HOUSING ACTIVITIES.
Section 802(e) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4222(e)) is amended by--
(1) by striking “The Director” and inserting the following:
“(1) In general.--The Director”; and
(2) by adding at the end the following:
“(2) Subawards.--Notwithstanding any other provision of law, including provisions of State law requiring competitive procurement, the Director may make subawards to subrecipients, except for for-profit entities, using amounts provided under this title to carry out affordable housing activities upon a determination by the Director that such subrecipients have adequate capacity to carry out activities in accordance with this Act.”.
SEC. 5314. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP PROVISIONS.
Section 824 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by striking “such sums as may be necessary” and all that follows through the period at the end and inserting “such sums as may be necessary for each of fiscal years 2023 through 2033.”.
SEC. 5315. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.
Affordable housing (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) that is developed, acquired, or assisted under the block grant program established under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111) shall not exceed by more than 20 percent, without prior approval of the Secretary of Housing and Urban Development, the total development cost maximum cost for all housing assisted under an affordable housing activity, including development and model activities.
SEC. 5316. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS AND SPECIAL ACTIVITIES BY INDIAN TRIBES.
Section 105 of the Housing and Community Development Act of 1974 (42 U.S.C. 5305) is amended by adding at the end the following:
“(i) Indian Tribes and Tribally Designated Housing Entities as Community-based Development Organizations.--
“(1) Definition.--In this subsection, the term ‘tribally designated housing entity' has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
“(2) Qualification.--An Indian tribe, a tribally designated housing entity, or a tribal organization shall qualify as a community-based development organization for purposes of carrying out new housing construction under this subsection under a grant made under section 106(a)(1).
“(j) Special Activities by Indian Tribes.--An Indian tribe receiving a grant under paragraph (1) of section 106(a)(1) shall be authorized to directly carry out activities described in paragraph (15) of such section 106(a)(1).”.
SEC. 5317. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING COUNSELING GRANTS.
Section 106(a)(4) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(a)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking “and” and inserting a comma; and
(B) by inserting before the period at the end the following: “, Indian tribes, and tribally designated housing entities”;
(2) in subparagraph (B), by inserting “, Indian tribes, and tribally designated housing entities” after “organizations)”;
(3) by redesignating subparagraph (F) as subparagraph (G); and
(4) by inserting after subparagraph (E) the following:
“(F) Definitions.--In this paragraph, the terms ‘Indian tribe' and ‘tribally designated housing entity' have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).”.
SEC. 5318. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.
(a) In General.--Section 184 of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a) is amended--
(1) by amending subsection (a) to read as follows:
“(a) Authority.--To provide access to sources of private financing to Indian families, Indian housing authorities, and Indian Tribes, who otherwise could not acquire housing financing because of the unique legal status of Indian lands and the unique nature of tribal economies, and to expand homeownership opportunities to Indian families, Indian housing authorities and Indian tribes on fee simple lands, the Secretary may guarantee not to exceed 100 percent of the unpaid principal and interest due on any loan eligible under subsection (b) made to an Indian family, Indian housing authority, or Indian Tribe on trust land and fee simple land.”; and
(2) in subsection (b)--
(A) by amending paragraph (2) to read as follows:
“(2) Eligible housing.--The loan shall be used to construct, acquire, refinance, or rehabilitate 1- to 4-family dwellings that are standard housing.”;
(B) in paragraph (4)--
(i) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly;
(ii) by striking “The loan” and inserting the following:
“(A) In general.--The loan”;
(iii) in subparagraph (A), as so designated, by adding at the end the following:
“(v) Any entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).”; and
(iv) by adding at the end the following:
“(B) Direct guarantee process.--
“(i) Authorization.--The Secretary may authorize qualifying lenders to participate in a direct guarantee process for approving loans under this section.
“(ii) Indemnification.--
“(I) In general.--If the Secretary determines that a mortgage guaranteed through a direct guarantee process under this subparagraph was not originated in accordance with the requirements established by the Secretary, the Secretary may require the lender approved under this subparagraph to indemnify the Secretary for the loss, irrespective of whether the violation caused the mortgage default.
“(II) Fraud or misrepresentation.--If fraud or misrepresentation is involved in a direct guarantee process under this subparagraph, the Secretary shall require the original lender approved under this subparagraph to indemnify the Secretary for the loss regardless of when an insurance claim is paid.
“(C) Review of mortgagees.--
“(i) In general.--The Secretary may periodically review the mortgagees originating, underwriting, or servicing single family mortgage loans under this section.
“(ii) Requirements.--In conducting a review under clause (i), the Secretary--
“(I) shall compare the mortgagee with other mortgagees originating or underwriting loan guarantees for Indian housing based on the rates of defaults and claims for guaranteed mortgage loans originated, underwritten, or serviced by that mortgagee;
“(II) may compare the mortgagee with such other mortgagees based on underwriting quality, geographic area served, or any commonly used factors the Secretary determines necessary for comparing mortgage default risk, provided that the comparison is of factors that the Secretary would expect to affect the default risk of mortgage loans guaranteed by the Secretary;
“(iii) shall implement such comparisons by regulation, notice, or mortgagee letter; and
“(I) may terminate the approval of a mortgagee to originate, underwrite, or service loan guarantees for housing under this section if the Secretary determines that the mortgage loans originated, underwritten, or serviced by the mortgagee present an unacceptable risk to the Indian Housing Loan Guarantee Fund established under subsection (i)--
“(aa) based on a comparison of any of the factors set forth in this subparagraph; or
“(bb) by a determination that the mortgagee engaged in fraud or misrepresentation.”; and
(C) in paragraph (5)(A), by inserting before the semicolon at the end the following: “except, as determined by the Secretary, when there is a loan modification under subsection (h)(1)(B), the term of the loan shall not exceed 40 years”.
(b) Loan Guarantees for Indian Housing.--Section 184(i)(5) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(i)(5)) is amended--
(1) in subparagraph (B), by inserting after the first sentence the following: “There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2023 through 2033.”; and
(2) in subparagraph (C), by striking “2008 through 2012” and inserting “2023 through 2033”.
SEC. 5319. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
Section 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b) is amended--
(1) in subsection (b), by inserting “, and to expand homeownership opportunities to Native Hawaiian families who are eligible to receive a homestead under the Hawaiian Homes Commission Act, 1920 (42 Stat. 108) on fee simple lands in the State of Hawaii” after “markets”;
(2) in subsection (c)--
(A) by amending paragraph (2) to read as follows:
“(2) Eligible housing.--The loan shall be used to construct, acquire, refinance, or rehabilitate 1- to 4-family dwellings that are standard housing.”;
(B) in paragraph (4)(B)--
(i) by redesignating clause (iv) as clause (v); and
(ii) by adding after clause (iii) the following:
“(iv) Any entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).”; and
(C) in paragraph (5)(A), by inserting before the semicolon at the end the following: “except, as determined by the Secretary, when there is a loan modification under subsection (i)(1)(B), the term of the loan shall not exceed 40 years”; and
(3) in subsection (j)(5)(B), by inserting after the first sentence the following: “There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2023 through 2033.”.
SEC. 5320. DRUG ELIMINATION PROGRAM.
(a) Definitions.--In this section:
(1) Controlled substance.--The term “controlled substance” has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802).
(2) Drug-related crime.--The term “drug-related crime” means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance.
(3) Recipient.--The term “recipient”--
(A) has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103); and
(B) includes a recipient of funds under title VIII of that Act (25 U.S.C. 4221 et seq.).
(4) Secretary.--The term “Secretary” means the Secretary of Housing and Urban Development.
(b) Establishment.--The Secretary may make grants under this section to recipients of assistance under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) for use in eliminating drug-related and violent crime.
(c) Eligible Activities.--Grants under this section may be used for--
(1) the employment of security personnel;
(2) reimbursement of State, local, Tribal, or Bureau of Indian Affairs law enforcement agencies for additional security and protective services;
(3) physical improvements which are specifically designed to enhance security;
(4) the employment of 1 or more individuals--
(A) to investigate drug-related or violent crime in and around the real property comprising housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
(B) to provide evidence relating to such crime in any administrative or judicial proceeding;
(5) the provision of training, communications equipment, and other related equipment for use by voluntary tenant patrols acting in cooperation with law enforcement officials;
(6) programs designed to reduce use of drugs in and around housing communities funded under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), including drug-abuse prevention, intervention, referral, and treatment programs;
(7) providing funding to nonprofit resident management corporations and resident councils to develop security and drug abuse prevention programs involving site residents;
(8) sports programs and sports activities that serve primarily youths from housing communities funded through and are operated in conjunction with, or in furtherance of, an organized program or plan designed to reduce or eliminate drugs and drug-related problems in and around those communities; and
(9) other programs for youth in school settings that address drug prevention and positive alternatives for youth, including education and activities related to science, technology, engineering, and math.
(d) Applications.--
(1) In general.--To receive a grant under this section, an eligible applicant shall submit an application to the Secretary, at such time, in such manner, and accompanied by--
(A) a plan for addressing the problem of drug-related or violent crime in and around of the housing administered or owned by the applicant for which the application is being submitted; and
(B) such additional information as the Secretary may reasonably require.
(2) Criteria.--The Secretary shall approve applications submitted under paragraph (1) on the basis of thresholds or criteria such as--
(A) the extent of the drug-related or violent crime problem in and around the housing or projects proposed for assistance;
(B) the quality of the plan to address the crime problem in the housing or projects proposed for assistance, including the extent to which the plan includes initiatives that can be sustained over a period of several years;
(C) the capability of the applicant to carry out the plan; and
(D) the extent to which tenants, the Tribal government, and the Tribal community support and participate in the design and implementation of the activities proposed to be funded under the application.
(e) High Intensity Drug Trafficking Areas.--In evaluating the extent of the drug-related crime problem pursuant to subsection (d)(2), the Secretary may consider whether housing or projects proposed for assistance are located in a high intensity drug trafficking area designated pursuant to section 707(b) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706(b)).
(f) Reports.--
(1) Grantee reports.--The Secretary shall require grantees under this section to provide periodic reports that include the obligation and expenditure of grant funds, the progress made by the grantee in implementing the plan described in subsection (d)(1)(A), and any change in the incidence of drug-related crime in projects assisted under this section.
(2) HUD reports.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the system used to distribute funding to grantees under this section, which shall include descriptions of--
(A) the methodology used to distribute amounts made available under this section; and
(B) actions taken by the Secretary to ensure that amounts made available under this section are not used to fund baseline local government services, as described in subsection (h)(2).
(g) Notice of Funding Awards.--The Secretary shall publish on the website of the Department a notice of all grant awards made pursuant to this section, which shall identify the grantees and the amount of the grants.
(h) Monitoring.--
(1) In general.--The Secretary shall audit and monitor the program funded under this subsection to ensure that assistance provided under this subsection is administered in accordance with the provisions of this section.
(2) Prohibition of funding baseline services.--
(A) In general.--Amounts provided under this section may not be used to reimburse or support any local law enforcement agency or unit of general local government for the provision of services that are included in the baseline of services required to be provided by any such entity pursuant to a local cooperative agreement pursuant under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) or any provision of an annual contributions contract for payments in lieu of taxation with the Bureau of Indian Affairs.
(B) Description.--Each grantee under this section shall describe, in the report under subsection (f)(1), such baseline of services for the unit of Tribal government in which the jurisdiction of the grantee is located.
(3) Enforcement.--The Secretary shall provide for the effective enforcement of this section, as specified in the program requirements published in a notice by the Secretary, which may include--
(A) the use of on-site monitoring, independent public audit requirements, certification by Tribal or Federal law enforcement or Tribal government officials regarding the performance of baseline services referred to in paragraph (2);
(B) entering into agreements with the Attorney General to achieve compliance, and verification of compliance, with the provisions of this section; and
(C) adopting enforcement authority that is substantially similar to the authority provided to the Secretary under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.)
(i) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each fiscal years 2023 through 2033 to carry out this section.
SEC. 5321. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN VETERANS.
Section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the following:
“(E) Indian veterans housing rental assistance program.--
“(i) Definitions.--In this subparagraph:
“(I) Eligible indian veteran.--The term ‘eligible Indian veteran' means an Indian veteran who is--
“(aa) homeless or at risk of homelessness; and
“(bb) living--
“(AA) on or near a reservation; or
“(BB) in or near any other Indian area.
“(II) Eligible recipient.--The term ‘eligible recipient' means a recipient eligible to receive a grant under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111).
“(III) Indian; indian area.--The terms ‘Indian' and ‘Indian area' have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
“(IV) Indian veteran.--The term ‘Indian veteran' means an Indian who is a veteran.
“(V) Program.--The term ‘Program' means the Tribal HUD-VASH program carried out under clause (ii).
“(VI) Tribal organization.--The term ‘tribal organization' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
“(ii) Program specifications.--The Secretary shall use not less than 5 percent of the amounts made available for rental assistance under this paragraph to carry out a rental assistance and supported housing program, to be known as the ‘Tribal HUD-VASH program', in conjunction with the Secretary of Veterans Affairs, by awarding grants for the benefit of eligible Indian veterans.
“(iii) Model.--
“(I) In general.--Except as provided in subclause (II), the Secretary shall model the Program on the rental assistance and supported housing program authorized under subparagraph (A) and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs.
“(II) Exceptions.--
“(aa) Secretary of housing and urban development.--After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans.
“(bb) Secretary of veterans affairs.--After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary of Veterans Affairs may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans.
“(iv) Eligible recipients.--The Secretary shall make amounts for rental assistance and associated administrative costs under the Program available in the form of grants to eligible recipients.
“(v) Funding criteria.--The Secretary shall award grants under the Program based on--
“(I) need;
“(II) administrative capacity; and
“(III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs.
“(vi) Administration.--Grants awarded under the Program shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), except that recipients shall--
“(I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the utilization of rental assistance provided under the Program; and
“(II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the Program in serving eligible Indian veterans.
“(vii) Consultation.--
“(I) Grant recipients; tribal organizations.--The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with eligible recipients and any other appropriate tribal organization on the design of the Program to ensure the effective delivery of rental assistance and supportive services to eligible Indian veterans under the Program.
“(II) Indian health service.--The Director of the Indian Health Service shall provide any assistance requested by the Secretary or the Secretary of Veterans Affairs in carrying out the Program.
“(viii) Waiver.--
“(I) In general.--Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under the Program if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance under the Program to eligible Indian veterans.
“(II) Exception.--The Secretary may not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment.
“(ix) Renewal grants.--The Secretary may--
“(I) set aside, from amounts made available for tenant-based rental assistance under this subsection and without regard to the amounts used for new grants under clause (ii), such amounts as may be necessary to award renewal grants to eligible recipients that received a grant under the Program in a previous year; and
“(II) specify criteria that an eligible recipient must satisfy to receive a renewal grant under subclause (I), including providing data on how the eligible recipient used the amounts of any grant previously received under the Program.
“(x) Reporting.--
“(I) In general.--Not later than 1 year after the date of enactment of this subparagraph, and every 5 years thereafter, the Secretary, in coordination with the Secretary of Veterans Affairs and the Director of the Indian Health Service, shall--
“(aa) conduct a review of the implementation of the Program, including any factors that may have limited its success; and
“(bb) submit a report describing the results of the review under item (aa) to--
“(AA) the Committee on Indian Affairs, the Committee on Banking, Housing, and Urban Affairs, the Committee on Veterans' Affairs, and the Committee on Appropriations of the Senate; and
“(BB) the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources, the Committee on Financial Services, the Committee on Veterans' Affairs, and the Committee on Appropriations of the House of Representatives.
“(II) Analysis of housing stock limitation.--The Secretary shall include in the initial report submitted under subclause (I) a description of--
“(aa) any regulations governing the use of formula current assisted stock (as defined in section 1000.314 of title 24, Code of Federal Regulations (or any successor regulation)) within the Program;
“(bb) the number of recipients of grants under the Program that have reported the regulations described in item (aa) as a barrier to implementation of the Program; and
“(cc) proposed alternative legislation or regulations developed by the Secretary in consultation with recipients of grants under the Program to allow the use of formula current assisted stock within the Program.”.
SEC. 5322. CONTINUUM OF CARE.
(a) Definitions.--In this section--
(1) the terms “collaborative applicant” and “eligible entity” have the meanings given those terms in section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360); and
(2) the terms “Indian tribe” and “tribally designated housing entity” have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
(b) Nonapplication of Civil Rights Laws.--With respect to the funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) under the heading “Homeless Assistance Grants” in the Department of Housing and Urban Development Appropriations Act, 2021 (Public Law 116-260) and under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 (42 U.S.C. 11364a), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) shall not apply to applications by or awards for projects to be carried out--
(1) on or off reservation or trust lands for awards made to Indian tribes or tribally designated housing entities; or
(2) on reservation or trust lands for awards made to eligible entities.
(c) Certification.--With respect to funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) under the heading “Homeless Assistance Grants” under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 (42 U.S.C. 11364a)--
(1) applications for projects to be carried out on reservations or trust land shall contain a certification of consistency with an approved Indian housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4112), notwithstanding section 106 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12706) and section 403 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361);
(2) Indian tribes and tribally designated housing entities that are recipients of awards for projects on reservations or trust land shall certify that they are following an approved housing plan developed under section102 of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4112); and
(3) a collaborative applicant for a Continuum of Care whose geographic area includes only reservation and trust land is not required to meet the requirement in section 402(f)(2) of the McKinney- Vento Homeless Assistance Act (42 U.S.C. 11360a(f)(2)).
SEC. 5323. LEVERAGING.
All funds provided under a grant made pursuant to this title or the amendments made by this title may be used for purposes of meeting matching or cost participation requirements under any other Federal or non-Federal program, provided that such grants made pursuant to the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) are spent in accordance with that Act.
TITLE LIV--TECHNICAL CORRECTION TO THE SHOSHONE-PAIUTE TRIBES OF THE
DUCK VALLEY RESERVATION WATER RIGHTS SETTLEMENT ACT OF 2022
SEC. 5401. SHORT TITLE.
This title may be cited as the “Technical Correction to the Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act of 2022”.
SEC. 5402. AUTHORIZATION OF PAYMENT OF ADJUSTED INTEREST ON DEVELOPMENT FUND.
Section 10807(b)(3) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1409) is amended--
(1) by striking “There is” and inserting the following:
“(A) In general.--There is”; and
(2) by adding at the end the following:
“(B) Adjusted interest payments.--There is authorized to be appropriated to the Secretary for deposit into the Development Fund $5,124,902.12.”.
TITLE LV--TRIBAL TRUST LAND HOMEOWNERSHIP ACT OF 2022
SEC. 5501. SHORT TITLE.
This title may be cited as the “Tribal Trust Land Homeownership Act of 2022”.
SEC. 5502. DEFINITIONS.
In this title:
(1) Applicable bureau office.--The term “applicable Bureau office” means--
(A) a Regional office of the Bureau;
(B) an Agency office of the Bureau; or
(C) a Land Titles and Records Office of the Bureau.
(2) Bureau.--The term “Bureau” means the Bureau of Indian Affairs.
(3) Director.--The term “Director” means the Director of the Bureau.
(4) First certified title status report.--The term “first certified title status report” means the title status report needed to verify title status on Indian land.
(5) Indian land.--The term “Indian land” has the meaning given the term in section 162.003 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act).
(6) Land mortgage.--The term “land mortgage” means a mortgage obtained by an individual Indian who owns a tract of trust land for the purpose of--
(A) home acquisition;
(B) home construction;
(C) home improvements; or
(D) economic development.
(7) Leasehold mortgage.--The term “leasehold mortgage” means a mortgage, deed of trust, or other instrument that pledges the leasehold interest of a lessee as security for a debt or other obligation owed by the lessee to a lender or other mortgagee.
(8) Mortgage package.--The term “mortgage package” means a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document submitted to an applicable Bureau office under section 5503(a)(1).
(9) Relevant federal agency.--The term “relevant Federal agency” means any of the following Federal agencies that guarantee or make direct mortgage loans on Indian land:
(A) The Department of Agriculture.
(B) The Department of Housing and Urban Development.
(C) The Department of Veterans Affairs.
(10) Right-of-way document.--The term “right-of-way document” has the meaning given the term in section 169.2 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act).
(11) Subsequent certified title status report.--The term “subsequent certified title status report” means the title status report needed to identify any liens against a residential, business, or land lease on Indian land.
SEC. 5503. MORTGAGE REVIEW AND PROCESSING.
(a) Review and Processing Deadlines.--
(1) In general.--As soon as practicable after receiving a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document, the applicable Bureau office shall notify the lender that the proposed residential leasehold mortgage, business leasehold mortgage, or right-of-way document has been received.
(2) Preliminary review.--
(A) In general.--Not later than 10 calendar days after receipt of a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document, the applicable Bureau office shall conduct and complete a preliminary review of the residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document to verify that all required documents are included.
(B) Incomplete documents.--As soon as practicable, but not more than 2 calendar days, after finding that any required documents are missing under subparagraph (A), the applicable Bureau office shall notify the lender of the missing documents.
(3) Approval or disapproval.--
(A) Leasehold mortgages.--Not later than 20 calendar days after receipt of a complete executed residential leasehold mortgage or business leasehold mortgage, proof of required consents, and other required documentation, the applicable Bureau office shall approve or disapprove the residential leasehold mortgage or business leasehold mortgage.
(B) Right-of-way documents.--Not later than 30 calendar days after receipt of a complete executed right-of-way document, proof of required consents, and other required documentation, the applicable Bureau office shall approve or disapprove the right-of-way document.
(C) Land mortgages.--Not later than 30 calendar days after receipt of a complete executed land mortgage, proof of required consents, and other required documentation, the applicable Bureau office shall approve or disapprove the land mortgage.
(D) Requirements.--The determination of whether to approve or disapprove a residential leasehold mortgage or business leasehold mortgage under subparagraph (A), a right-of-way document under subparagraph (B), or a land mortgage under subparagraph (C)--
(i) shall be in writing; and
(ii) in the case of a determination to disapprove a residential leasehold mortgage, business leasehold mortgage, right-of-way document, or land mortgage shall, state the basis for the determination.
(E) Application.--This paragraph shall not apply to a residential leasehold mortgage or business leasehold mortgage with respect to Indian land in cases in which the applicant for the residential leasehold mortgage or business leasehold mortgage is an Indian tribe (as defined in subsection (d) of the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 126 Stat. 1150; 25 U.S.C. 415(d))) that has been approved for leasing under subsection (h) of that section (69 Stat. 539, chapter 615; 126 Stat. 1151; 25 U.S.C. 415(h)).
(4) Certified title status reports.--
(A) Completion of reports.--
(i) In general.--Not later than 10 calendar days after the applicable Bureau office approves a residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document under paragraph (3), the applicable Bureau office shall complete the processing of, as applicable--
(I) a first certified title status report, if a first certified title status report was not completed prior to the approval of the residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document; and
(II) a subsequent certified title status report.
(ii) Requests for first certified title status reports.--Notwithstanding clause (i), not later than 14 calendar days after the applicable Bureau office receives a request for a first certified title status report from an applicant for a residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document under paragraph (1), the applicable Bureau office shall complete the processing of the first certified title status report.
(B) Notice.--
(i) In general.--As soon as practicable after completion of the processing of, as applicable, a first certified title status report or a subsequent certified title status report under subparagraph (A), but by not later than the applicable deadline described in that subparagraph, the applicable Bureau office shall give notice of the completion to the lender.
(ii) Form of notice.--The applicable Bureau office shall give notice under clause (i)--
(I) electronically through secure, encryption software; and (II) through the United States mail.
(iii) Option to opt out.--The lender may opt out of receiving notice electronically under clause (ii)(I).
(b) Notices.--
(1) In general.--If the applicable Bureau office does not complete the review and processing of mortgage packages under subsection (a) (including any corresponding first certified title status report or subsequent certified title status report under paragraph (4) of that subsection) by the applicable deadline described in that subsection, immediately after missing the deadline, the applicable Bureau office shall provide notice of the delay in review and processing to--
(A) the party that submitted the mortgage package or requested the first certified title status report; and
(B) the lender for which the mortgage package (including any corresponding first certified title status report or subsequent certified title status report) is being requested.
(2) Requests for updates.--In addition to providing the notices required under paragraph (1), not later than 2 calendar days after receiving a relevant inquiry with respect to a submitted mortgage package from the party that submitted the mortgage package or the lender for which the mortgage package (including any corresponding first certified title status report or subsequent certified title status report) is being requested or an inquiry with respect to a requested first certified title status report from the party that requested the first certified title status report, the applicable Bureau office shall respond to the inquiry.
(c) Delivery of First and Subsequent Certified Title Status Reports.--Notwithstanding any other provision of law, any first certified title status report and any subsequent certified title status report, as applicable, shall be delivered directly to--
(1) the lender;
(2) any local or regional agency office of the Bureau that requests the first certified title status report or subsequent certified title status report;
(3) in the case of a proposed residential leasehold mortgage or land mortgage, the relevant Federal agency that insures or guarantees the loan; and
(4) if requested, any individual or entity described in section 150.303 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act).
(d) Access to Trust Asset and Accounting Management System.--Beginning on the date of enactment of this Act, the relevant Federal agencies and Indian Tribes shall have read-only access to the Trust Asset and Accounting Management System maintained by the Bureau.
(e) Annual Report.--
(1) In general.--Not later than March 1 of each calendar year, the Director shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report describing--
(A) for the most recent calendar year, the number of requests received to complete residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages (including any requests for corresponding first certified title status reports and subsequent certified title status reports), including a detailed description of--
(i) requests that were and were not successfully completed by the applicable deadline described in subsection (a) by each applicable Bureau office; and
(ii) the reasons for each applicable Bureau office not meeting any applicable deadlines; and
(B) the length of time needed by each applicable Bureau office during the most recent calendar year to provide the notices required under subsection (b)(1).
(2) Requirement.--In submitting the report required under paragraph (1), the Director shall maintain the confidentiality of personally identifiable information of the parties involved in requesting the completion of residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages (including any corresponding first certified title status reports and subsequent certified title status reports).
(f) GAO Study.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes--
(1) an evaluation of the need for residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages of each Indian Tribe to be digitized for the purpose of streamlining and expediting the completion of mortgage packages for residential mortgages on Indian land (including the corresponding first certified title status reports and subsequent certified title status reports); and
(2) an estimate of the time and total cost necessary for Indian Tribes to digitize the records described in paragraph (1), in conjunction with assistance in that digitization from the Bureau.
SEC. 5504. ESTABLISHMENT OF REALTY OMBUDSMAN POSITION.
(a) In General.--The Director shall establish within the Division of Real Estate Services of the Bureau the position of Realty Ombudsman, who shall report directly to the Secretary of the Interior.
(b) Functions.--The Realty Ombudsman shall--
(1) ensure that the applicable Bureau offices are meeting the mortgage review and processing deadlines established by section 5503(a);
(2) ensure that the applicable Bureau offices comply with the notices required under subsections (a) and (b) of section 5503;
(3) serve as a liaison to other Federal agencies, including by--
(A) ensuring the Bureau is responsive to all of the inquiries from the relevant Federal agencies; and
(B) helping to facilitate communications between the relevant Federal agencies and the Bureau on matters relating to mortgages on Indian land;
(4) receive inquiries, questions, and complaints directly from Indian Tribes, members of Indian Tribes, and lenders in regard to executed residential leasehold mortgages, business leasehold mortgages, land mortgages, or right-of-way documents; and
(5) serve as the intermediary between the Indian Tribes, members of Indian Tribes, and lenders and the Bureau in responding to inquiries and questions and resolving complaints.
TITLE LVI--CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION LEASING AUTHORITY
SEC. 5601. CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION LEASING AUTHORITY.
Subsection (a) of the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415(a)), is amended, in the second sentence, by inserting “, land held in trust for the Confederated Tribes of the Chehalis Reservation” after “Crow Tribe of Montana”.
TITLE LVII--SAFEGUARD TRIBAL OBJECTS OF PATRIMONY ACT OF 2022
SEC. 5701. SHORT TITLE.
This title may be cited as the “Safeguard Tribal Objects of Patrimony Act of 2022”.
SEC. 5702. PURPOSES.
The purposes of this title are--
(1) to carry out the trust responsibility of the United States to Indian Tribes;
(2) to increase the maximum penalty for actions taken in violation of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act), in order to strengthen deterrence;
(3) to stop the export, and facilitate the international repatriation, of cultural items prohibited from being trafficked by the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act) and archaeological resources prohibited from being trafficked by the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) by--
(A) explicitly prohibiting the export;
(B) creating an export certification system; and
(C) confirming the authority of the President to request from foreign nations agreements or provisional measures to prevent irremediable damage to Native American cultural heritage;
(4) to establish a Federal framework in order to support the voluntary return by individuals and organizations of items of tangible cultural heritage, including items covered by the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act) and the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.);
(5) to establish an interagency working group to ensure communication between Federal agencies to successfully implement this Act, the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act), the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), and other relevant Federal laws;
(6) to establish a Native working group of Indian Tribes and Native Hawaiian organizations to assist in the implementation of this title, the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act), the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), and other relevant Federal laws;
(7) to exempt from disclosure under section 552 of title 5, United States Code (commonly known as the “Freedom of Information Act”)--
(A) information submitted by Indian Tribes or Native Hawaiian organizations pursuant to this title; and
(B) information relating to an Item Requiring Export Certification for which an export certification was denied pursuant to this title; and
(8) to encourage buyers to purchase legal contemporary art made by Native artists for commercial purposes.
SEC. 5703. DEFINITIONS.
In this title:
(1) Archaeological resource.--The term “archaeological resource” means an archaeological resource (as defined in section 3 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb)) that is Native American.
(2) Cultural affiliation.--The term “cultural affiliation” means that there is a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present day Indian Tribe or Native Hawaiian organization and an identifiable earlier group.
(3) Cultural item.--The term “cultural item” means any 1 or more cultural items (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)).
(4) Indian tribe.--The term “Indian Tribe” has the meaning given the term “Indian tribe” in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001).
(5) Item prohibited from exportation.--The term “Item Prohibited from Exportation” means--
(A) a cultural item prohibited from being trafficked, including through sale, purchase, use for profit, or transport for sale or profit, by--
(i) section 1170(b) of title 18, United States Code, as added by the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); or
(ii) any other Federal law or treaty; and
(B) an archaeological resource prohibited from being trafficked, including through sale, purchase, exchange, transport, receipt, or offer to sell, purchase, or exchange, including in interstate or foreign commerce, by--
(i) subsections (b) and (c) of section 6 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470ee); or
(ii) any other Federal law or treaty.
(6) Item requiring export certification.--
(A) In general.--The term “Item Requiring Export Certification” means--
(i) a cultural item; and
(ii) an archaeological resource.
(B) Exclusion.--The term “Item Requiring Export Certification” does not include an item described in clause (i) or (ii) of subparagraph (A) for which an Indian Tribe or Native Hawaiian organization with a cultural affiliation with the item has provided a certificate authorizing exportation of the item.
(7) Native american.--The term “Native American” means--
(A) Native American (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)); and
(B) Native Hawaiian (as so defined).
(8) Native hawaiian organization.--The term “Native Hawaiian organization” has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001).
(9) Secretary.--The term “Secretary” means the Secretary of the Interior.
(10) Tangible cultural heritage.--The term “tangible cultural heritage” means--
(A) Native American human remains; or
(B) culturally, historically, or archaeologically significant objects, resources, patrimony, or other items that are affiliated with a Native American culture.
SEC. 5704. ENHANCED NAGPRA PENALTIES.
Section 1170 of title 18, United States Code, is amended--
(1) by striking “5 years” each place it appears and inserting “10 years”; and
(2) in subsection (a), by striking “12 months” and inserting “1 year and 1 day”.
SEC. 5705. EXPORT PROHIBITIONS; EXPORT CERTIFICATION SYSTEM; INTERNATIONAL AGREEMENTS.
(a) Export Prohibitions.--
(1) In general.--It shall be unlawful for any person--
(A) to export, attempt to export, or otherwise transport from the United States any Item Prohibited from Exportation;
(B) to conspire with any person to engage in an activity described in subparagraph (A); or
(C) to conceal an activity described in subparagraph (A).
(2) Penalties.--Any person who violates paragraph (1) and knows, or in the exercise of due care should have known, that the Item Prohibited from Exportation was taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any Federal law or treaty, shall be fined in accordance with section 3571 of title 18, United States Code, imprisoned for not more than 1 year and 1 day for a first violation, and not more than 10 years for a second or subsequent violation, or both.
(3) Detention, forfeiture, and repatriation.--
(A) Detention and delivery.--The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall--
(i) detain any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1); and
(ii) deliver the Item Prohibited from Exportation to the Secretary.
(B) Forfeiture.--Any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1) shall be subject to forfeiture to the United States in accordance with chapter 46 of title 18, United States Code (including section 983(c) of that chapter).
(C) Repatriation.--Any Item Prohibited from Exportation that is forfeited under subparagraph (B) shall be expeditiously repatriated to the appropriate Indian Tribe or Native Hawaiian organization in accordance with, as applicable--
(i) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act); or
(ii) the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.).
(b) Export Certification System.--
(1) Export certification requirement.--
(A) In general.--No Item Requiring Export Certification may be exported from the United States without first having obtained an export certification in accordance with this subsection.
(B) Publication.--The Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, shall publish in the Federal Register a notice that includes--
(i) a description of characteristics typical of Items Requiring Export Certification, which shall--
(I) include the definitions of the terms--
(aa) “cultural items” in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001); and
(bb) “archaeological resource” in section 3 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb);
(II) describe the provenance requirements associated with the trafficking prohibition applicable to--
(aa) cultural items under section 1170(b) of title 18, United States Code; and
(bb) archaeological resources under subsections (b) and (c) of section 6 of Archaeological Resources Protection Act of 1979 (16 U.S.C. 470ee);
(III)(aa) include the definitions of the terms “Native American” and “Native Hawaiian” in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001); and
(bb) describe how those terms apply to archaeological resources under this title; and
(IV) be sufficiently specific and precise to ensure that--
(aa) an export certification is required only for Items Requiring Export Certification; and
(bb) fair notice is given to exporters and other persons regarding which items require an export certification under this subsection; and
(ii) a description of characteristics typical of items that do not qualify as Items Requiring Export Certification and therefore do not require an export certification under this subsection, which shall clarify that--
(I) an item made solely for commercial purposes is presumed to not qualify as an Item Requiring Export Certification, unless an Indian Tribe or Native Hawaiian organization challenges that presumption; and
(II) in some circumstances, receipts or certifications issued by Indian Tribes or Native Hawaiian organizations with a cultural affiliation with an item may be used as evidence to demonstrate a particular item does not qualify as an Item Requiring Export Certification.
(2) Eligibility for export certification.--An Item Requiring Export Certification is eligible for an export certification under this subsection if--
(A) the Item Requiring Export Certification is not under ongoing Federal investigation;
(B) the export of the Item Requiring Export Certification would not otherwise violate any other provision of law; and
(C) the Item Requiring Export Certification--
(i) is not an Item Prohibited from Exportation;
(ii) was excavated or removed pursuant to a permit issued under section 4 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470cc) and in compliance with section 3(c) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002(c)), if the permit for excavation or removal authorizes export; or
(iii) is accompanied by written confirmation from the Indian Tribe or Native Hawaiian organization with authority to alienate the Item Requiring Export Certification that--
(I) the exporter has a right of possession (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)) of the Item Requiring Export Certification; or
(II) the Indian Tribe or Native Hawaiian organization has relinquished title or control of the Item Requiring Export Certification in accordance with section 3 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002).
(3) Export certification application and issuance procedures.--
(A) Applications for export certification.--
(i) In general.--An exporter seeking to export an Item Requiring Export Certification from the United States shall submit to the Secretary an export certification application in accordance with clause (iii).
(ii) Consequences of false statement.--Any willful or knowing false statement made on an export certification application form under clause (i) shall--
(I) subject the exporter to criminal penalties pursuant to section 1001 of title 18, United States Code; and
(II) prohibit the exporter from receiving an export certification for any Item Requiring Export Certification in the future unless the exporter submits additional evidence in accordance with subparagraph (B)(iii)(I).
(iii) Form of export certification application.--The Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, and at the discretion of the Secretary, in consultation with third parties with relevant expertise, including institutions of higher education, museums, dealers, and collector organizations, shall develop an export certification application form, which shall require that an applicant--
(I) describe, and provide pictures of, each Item Requiring Export Certification that the applicant seeks to export;
(II) include all available information regarding the provenance of each such Item Requiring Export Certification; and
(III) include the attestation described in subparagraph (B)(i).
(B) Evidence.--
(i) In general.--In completing an export certification application with respect to an Item Requiring Export Certification that the exporter seeks to export, the exporter shall attest that, to the best of the knowledge and belief of the exporter, the exporter is not attempting to export an Item Prohibited from Exportation.
(ii) Sufficiency of attestation.--An attestation under clause (i) shall be considered to be sufficient evidence to support the application of the exporter under subparagraph (A)(iii)(III), on the condition that the exporter is not required to provide additional evidence under clause (iii)(I).
(iii) Additional requirements.--
(I) In general.--The Secretary shall give notice to an exporter that submits an export certification application under subparagraph (A)(i) that the exporter is required to submit additional evidence in accordance with subclause (III) if the Secretary has determined under subparagraph (A)(ii) that the exporter made a willful or knowing false statement on the application or any past export certification application.
(II) Delays or denials.--The Secretary shall give notice to an exporter that submits an export certification application under subparagraph (A)(i) that the exporter may submit additional evidence in accordance with subclause (III) if the issuance of an export certification is--
(aa) delayed pursuant to the examination by the Secretary of the eligibility of the Item Requiring Export Certification for an export certification; or
(bb) denied by the Secretary because the Secretary determined that the Item Requiring Export Certification is not eligible for an export certification under this subsection.
(III) Additional evidence.--On receipt of notice under subclause (I), an exporter shall, or on receipt of a notice under subclause (II), an exporter may, provide the Secretary with such additional evidence as the Secretary may require to establish that the Item Requiring Export Certification is eligible for an export certification under this subsection.
(C) Database applications.--
(i) In general.--The Secretary shall establish and maintain a secure central Federal database information system (referred to in this subparagraph as the “database”) for the purpose of making export certification applications available to Indian Tribes and Native Hawaiian organizations.
(ii) Collaboration required.--The Secretary shall collaborate with Indian Tribes, Native Hawaiian organizations, and the interagency working group convened under section 7(a) in the design and implementation of the database.
(iii) Availability.--Immediately on receipt of an export certification application, the Secretary shall make the export certification application available on the database.
(iv) Deletion from database.--On request by an Indian Tribe or Native Hawaiian organization, the Secretary shall delete an export certification application from the database.
(v) Technical assistance.--If an Indian Tribe or Native Hawaiian organization lacks sufficient resources to access the database or respond to agency communications in a timely manner, the Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, shall provide technical assistance to facilitate that access or response, as applicable.
(D) Issuance of export certification.--
(i) On receipt of an export certification application for an Item Requiring Export Certification that meets the requirements of subparagraphs (A) and (B), if the Secretary, in consultation with Indian Tribes and Native Hawaiian organizations with a cultural affiliation with the Item Requiring Export Certification, determines that the Item Requiring Export Certification is eligible for an export certification under paragraph (2), the Secretary may issue an export certification for the Item Requiring Export Certification.
(ii) On receipt of an export certification application for an Item Requiring Export Certification that meets the requirements of subparagraphs (A) and (B)--
(I) the Secretary shall have 1 business day to notify the relevant Indian Tribes and Native Hawaiian Organizations of an application for export of an Item Requiring Export Certification;
(II) Indian Tribes and Native Hawaiian organizations shall have 9 business days to review the export certification application;
(III) if an Indian Tribe or Native Hawaiian organization notifies the Secretary that the Item Requiring Export Certification may not be eligible for an export certification under paragraph (2), the Secretary shall have 7 business days to review the application;
(IV) if no Indian Tribe or Native Hawaiian organization so notifies the Secretary, the Secretary shall have 1 business day to review the application;
(V) with notice to the exporter, the Secretary may extend the review of an application for up to 30 business days if credible evidence is provided that the Item Requiring Export Certification may not be eligible for an export certification under paragraph (2); and
(VI) the Secretary shall make a determination to approve or deny the export certification application within the time allotted.
(E) Revocation of export certification.--
(i) In general.--If credible evidence is provided that indicates that an item that received an export certification under subparagraph (D) is not eligible for an export certification under paragraph (2), the Secretary may immediately revoke the export certification.
(ii) Determination.--In determining whether a revocation is warranted under clause (i), the Secretary shall consult with Indian Tribes and Native Hawaiian organizations with a cultural affiliation with the affected Item Requiring Export Certification.
(4) Detention, forfeiture, repatriation, and return.--
(A) Detention and delivery.--The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall--
(i) detain any Item Requiring Export Certification that an exporter attempts to export or otherwise transport without an export certification; and
(ii) deliver the Item Requiring Export Certification to the Secretary, for seizure by the Secretary.
(B) Forfeiture.--Any Item Requiring Export Certification that is detained under subparagraph (A)(i) shall be subject to forfeiture to the United States in accordance with chapter 46 of title 18, United States Code (including section 983(c) of that chapter).
(C) Repatriation or return to exporter.--
(i) In general.--Not later than 60 days after the date of delivery to the Secretary of an Item Requiring Export Certification under subparagraph (A)(ii), the Secretary shall determine whether the Item Requiring Export Certification is an Item Prohibited from Exportation.
(ii) Repatriation.--If an Item Requiring Export Certification is determined by the Secretary to be an Item Prohibited from Exportation and is forfeited under subparagraph (B), the item shall be expeditiously repatriated to the appropriate Indian Tribe or Native Hawaiian organization in accordance with, as applicable--
(I) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act); or
(II) the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.).
(iii) Return to exporter.--
(I) In general.--If the Secretary determines that credible evidence does not establish that the Item Requiring Export Certification is an Item Prohibited from Exportation, or if the Secretary does not complete the determination by the deadline described in clause (i), the Secretary shall return the Item Requiring Export Certification to the exporter.
(II) Effect.--The return of an Item Requiring Export Certification to an exporter under subclause (I) shall not mean that the Item Requiring Export Certification is eligible for an export certification under this subsection.
(5) Penalties.--
(A) Items requiring export certification.--
(i) In general.--It shall be unlawful for any person to export, attempt to export, or otherwise transport from the United States any Item Requiring Export Certification without first obtaining an export certification.
(ii) Penalties.--Except as provided in subparagraph (D), any person who violates clause (i) shall be--
(I) assessed a civil penalty in accordance with such regulations as the Secretary promulgates pursuant to section 10; and
(II) subject to any other applicable penalties under this title.
(B) Items prohibited from exportation.--Whoever exports an Item Prohibited from Exportation without first securing an export certification shall be liable for a civil money penalty, the amount of which shall equal the total cost of storing and repatriating the Item Prohibited from Exportation.
(C) Use of fines collected.--Any amounts collected by the Secretary as a civil penalty under subparagraph (A)(ii)(I) or (B) shall be credited to the currently applicable appropriation, account, or fund of the Department of the Interior as discretionary offsetting collections and shall be available only to the extent and in the amounts provided in advance in appropriations Acts--
(i) to process export certification applications under this subsection; and
(ii) to store and repatriate the Item Prohibited from Exportation.
(D) Voluntary return.--
(i) In general.--Any person who attempts to export or otherwise transport from the United States an Item Requiring Export Certification without first obtaining an export certification, but voluntarily returns the Item Requiring Export Certification, or directs the Item Requiring Export Certification to be returned, to the appropriate Indian Tribe or Native Hawaiian organization in accordance with section 6 prior to the commencement of an active Federal investigation shall not be prosecuted for a violation of subparagraph (A) with respect to the Item Requiring Export Certification.
(ii) Actions not commencing a federal investigation.--For purposes of clause (i), the following actions shall not be considered to be actions that commence an active Federal investigation:
(I) The submission by the exporter of an export certification application for the Item Requiring Export Certification under paragraph (3)(A)(i).
(II) The detention of the Item Requiring Export Certification by the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, under paragraph (4)(A)(i).
(III) The delivery to the Secretary of the Item Requiring Export Certification by the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, under paragraph (4)(A)(ii).
(IV) The seizure by the Secretary of the Item Requiring Export Certification under paragraph (4)(A)(ii).
(6) Fees.--
(A) In general.--The Secretary may assess reasonable fees limited to the cost of processing export certification applications under this subsection, subject to subparagraph (B).
(B) Availability of amounts collected.--Fees authorized under subparagraph (A) shall be collected and available only to the extent and in the amounts provided in advance in appropriations Acts.
(7) Administrative appeal.--If the Secretary denies an export certification or an Item Requiring Export Certification is detained under this subsection, the exporter, on request, shall be given a hearing on the record in accordance with such rules and regulations as the Secretary promulgates pursuant to section 10.
(8) Training.--
(A) In general.--The Secretary, the Secretary of State, the Attorney General, and the heads of all other relevant Federal agencies shall require all appropriate personnel to participate in training regarding applicable laws and consultations to facilitate positive government-to-government interactions with Indian Tribes and Native Hawaiian Organizations.
(B) U.S. customs and border protection training.--The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall require all appropriate personnel of U.S. Customs and Border Protection to participate in training provided by the Secretary of the Interior or an Indian Tribe or Native Hawaiian organization to assist the personnel in identifying, handling, and documenting in a culturally sensitive manner Items Requiring Export Certification for purposes of this title.
(C) Consultation.--In developing or modifying and delivering trainings under subparagraphs (A) and (B), the applicable heads of Federal agencies shall consult with Indian Tribes and Native Hawaiian organizations.
(c) Agreements to Request Return From Foreign Countries.--The President may request from foreign nations agreements that specify concrete measures that the foreign nation will carry out--
(1) to discourage commerce in, and collection of, Items Prohibited from Exportation;
(2) to encourage the voluntary return of tangible cultural heritage; and
(3) to expand the market for the products of Indian art and craftsmanship in accordance with section 2 of the Act of August 27, 1935 (49 Stat. 891, chapter 748; 25 U.S.C. 305a) (commonly known as the “Indian Arts and Crafts Act”).
SEC. 5706. VOLUNTARY RETURN OF TANGIBLE CULTURAL HERITAGE.
(a) Liaison.--The Secretary and the Secretary of State shall each designate a liaison to facilitate the voluntary return of tangible cultural heritage.
(b) Trainings and Workshops.--The liaisons designated under subsection (a) shall offer to representatives of Indian Tribes and Native Hawaiian organizations and collectors, dealers, and other individuals and organizations trainings and workshops regarding the voluntary return of tangible cultural heritage.
(c) Referrals.--
(1) In general.--The Secretary shall refer individuals and organizations to 1 or more Indian Tribes and Native Hawaiian organizations with a cultural affiliation to tangible cultural heritage for the purpose of facilitating the voluntary return of tangible cultural heritage.
(2) Referral representatives.--The Secretary shall compile a list of representatives from each Indian Tribe and Native Hawaiian organization for purposes of referral under paragraph (1).
(3) Consultation.--The Secretary shall consult with Indian Tribes, Native Hawaiian organizations, and the Native working group convened under section 8(a) before making a referral under paragraph (1).
(4) Third-party experts.--The Secretary may use third parties with relevant expertise, including institutions of higher education, museums, dealers, and collector organizations, in determining to which Indian Tribe or Native Hawaiian organization an individual or organization should be referred under paragraph (1).
(d) Legal Liability.--Nothing in this section imposes on any individual or entity any additional penalties or legal liability.
(e) Tax Documentation.--In facilitating the voluntary return of tangible cultural heritage under this section, the Secretary shall include provision of tax documentation for a deductible gift to an Indian Tribe or Native Hawaiian organization, if the recipient Indian Tribe or Native Hawaiian organization consents to the provision of tax documentation.
(f) Repatriation Under Native American Graves Protection and Repatriation Act.--The voluntary return provisions of this section shall apply to a specific item of tangible cultural heritage only to the extent that the repatriation provisions under section 7 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3005) do not apply to the item of tangible cultural heritage.
SEC. 5707. INTERAGENCY WORKING GROUP.
(a) In General.--The Secretary shall designate a coordinating office to convene an interagency working group consisting of representatives from the Departments of the Interior, Justice, State, and Homeland Security.
(b) Goals.--The goals of the interagency working group convened under subsection (a) are--
(1) to facilitate the repatriation to Indian Tribes and Native Hawaiian organizations of items that have been illegally removed or trafficked in violation of applicable law;
(2) to protect tangible cultural heritage, cultural items, and archaeological resources still in the possession of Indian Tribes and Native Hawaiian organizations; and
(3) to improve the implementation by the applicable Federal agencies of--
(A) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act);
(B) the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.); and
(C) other relevant Federal laws.
(c) Responsibilities.--The interagency working group convened under subsection (a) shall--
(1) aid in implementation of this title and the amendments made by this title, including by aiding in--
(A) the voluntary return of tangible cultural heritage under section 6; and
(B) halting international sales of items that are prohibited from being trafficked under Federal law; and
(2) collaborate with--
(A) the Native working group convened under section 8(a);
(B) the review committee established under section 8(a) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3006(a));
(C) the Cultural Heritage Coordinating Committee established pursuant to section 2 of the Protect and Preserve International Cultural Property Act (Public Law 114-151; 19 U.S.C. 2601 note); and
(D) any other relevant committees and working groups.
SEC. 5708. NATIVE WORKING GROUP.
(a) In General.--The Secretary shall convene a Native working group consisting of not fewer than 12 representatives of Indian Tribes and Native Hawaiian organizations with relevant expertise, who shall be nominated by Indian Tribes and Native Hawaiian organizations, to advise the Federal Government in accordance with this section.
(b) Recommendations.--The Native working group convened under subsection (a) may provide recommendations regarding--
(1) the voluntary return of tangible cultural heritage by collectors, dealers, and other individuals and non-Federal organizations that hold such tangible cultural heritage; and
(2) the elimination of illegal commerce of cultural items and archaeological resources in the United States and foreign markets.
(c) Requests.--The Native working group convened under subsection (a) may make formal requests to initiate certain agency actions, including requests that--
(1) the Department of Justice initiate judicial proceedings domestically or abroad to aid in the repatriation cultural items and archaeological resources; and
(2) the Department of State initiate dialogue through diplomatic channels to aid in that repatriation.
(d) Agency and Committee Assistance.--
(1) In general.--On request by the Native working group convened under subsection (a), the agencies and committees described in paragraph (2) shall make efforts to provide information and assistance to the Native working group.
(2) Description of agencies and committees.--The agencies and committees referred to in paragraph (1) are the following:
(A) The Department of the Interior.
(B) The Department of Justice.
(C) The Department of Homeland Security.
(D) The Department of State.
(E) The review committee established under section 8(a) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3006(a)).
(F) The Cultural Heritage Coordinating Committee established pursuant to section 2 of the Protect and Preserve International Cultural Property Act (Public Law 114-151; 19 U.S.C. 2601 note).
(G) Any other relevant Federal agency, committee, or working group.
(e) Applicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Native working group convened under subsection (a).
SEC. 5709. TREATMENT UNDER FREEDOM OF INFORMATION ACT.
(a) In General.--Except as provided in subsection (c), the following information shall be exempt from disclosure under section 552 of title 5, United States Code:
(1) Information that a representative of an Indian Tribe or Native Hawaiian organization--
(A) submits to a Federal agency pursuant to this title or an amendment made by this title; and
(B) designates as sensitive or private according to Native American custom, law, culture, or religion.
(2) Information that any person submits to a Federal agency pursuant to this title or an amendment made by this title that relates to an item for which an export certification is denied under this title.
(b) Applicability.--For purposes of subsection (a), this title shall be considered a statute described in section 552(b)(3)(B) of title 5, United States Code.
(c) Exception.--An Indian Tribe or Native Hawaiian organization may request and shall receive its own information, as described in subsection (a), from the Federal agency to which the Indian Tribe or Native Hawaiian organization submitted the information.
SEC. 5710. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of State, the Secretary of Homeland Security, and the Attorney General, and after consultation with Indian Tribes and Native Hawaiian organizations, shall promulgate rules and regulations to carry out this title.
SEC. 5711. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title $3,000,000 for each of fiscal years 2022 through 2027.
SEC. 5712. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this title, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this title, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
TITLE LVIII--DON YOUNG ALASKA NATIVE HEALTH CARE LAND TRANSFERS ACT OF 2022
SEC. 5801. SHORT TITLE.
This title may be cited as the “Don Young Alaska Native Health Care Land Transfers Act of 2022”.
SEC. 5802. DEFINITIONS.
For the purposes of this title:
(1) Consortia.--The term “Consortia” means the Alaska Native Tribal Health Consortium and Southeast Alaska Regional Health Consortium.
(2) Council.--The term “Council” means the Tanana Tribal Council located in Tanana, Alaska.
(3) Secretary.--The term “Secretary” means the Secretary of Health and Human Services.
SEC. 5803. CONVEYANCES OF PROPERTY.
(a) Conveyance of Property to the Tanana Tribal Council.--
(1) In general.--As soon as practicable, but not later than 180 days, after the date of the enactment of this Act, the Secretary shall convey to the Council all right, title, and interest of the United States in and to the property described in paragraph (2) for use in connection with health and social services programs.
(2) Property described.--The property referred to in paragraph (1), including all land, improvements, and appurtenances, described in this paragraph is the property included in U.S. Survey No. 5958 in the village of Tanana, Alaska, within surveyed lot 12, T. 4 N., R. 22 W., Fairbanks Meridian, Alaska, containing approximately 11.25 acres.
(b) Conveyance of Property to the Southeast Alaska Regional Health Consortium.--
(1) In general.--As soon as practicable, but not later than 2 years, after the date of the enactment of this Act, the Secretary shall convey to the Southeast Alaska Regional Health Consortium located in Sitka, Alaska, all right, title, and interest of the United States in and to the property described in paragraph (2) for use in connection with health and social services programs.
(2) Property described.--The property referred to in paragraph (1), including all land and appurtenances, described in this paragraph is the property included in U.S. Survey 1496, lots 4 and 7, partially surveyed T. 55 S., R. 63 E., Copper River Meridian, containing approximately 10.87 acres in Sitka, Alaska.
(c) Conveyance of Property to the Alaska Native Tribal Health Consortium.--
(1) In general.--As soon as practicable, but not later than 1 year, after the date of the enactment of this Act, the Secretary shall convey to the Alaska Native Tribal Health Consortium located in Anchorage, Alaska, all right, title, and interest of the United States in and to the property described in paragraph (2) for use in connection with health programs.
(2) Property described.--The property referred to in paragraph (1), including all land, improvements, and appurtenances, is the following:
(A) Lot 1A in Block 31A, East Addition, Anchorage Townsite, United States Survey No. 408, Plat No. 96-117, recorded on November 22, 1996, in the Anchorage Recording District.
(B) Block 32C, East Addition, Anchorage Townsite, United States Survey No. 408, Plat No. 96-118, recorded on November 22, 1996, in the Anchorage Recording District.
SEC. 5804. CONDITIONS OF THE CONVEYANCE OF THE PROPERTIES.
(a) Conditions.--The conveyance of the properties under section 5803--
(1) shall be made by warranty deed; and
(2) shall not--
(A) require any consideration from the Consortia or the Council for the property;
(B) impose any obligation, term, or condition on the Consortia or the Council regarding the property; or
(C) allow for any reversionary interest of the United States in the property.
(b) Effect on Any Quitclaim Deed.--The conveyance by the Secretary of title by warranty deed under subsection (a)(1) shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the properties described in section 5803 executed by the Secretary and the Consortia or the Council.
SEC. 5805. ENVIRONMENTAL LIABILITY.
(a) Liability.--
(1) In general.--Notwithstanding any other provision of law, neither the Consortia nor the Council shall be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in section 5803 that occurred on or before the date on which the Consortia or the Council controlled, occupied, and used the properties.
(2) Environmental contamination.--An environmental contamination described in paragraph (1) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law.
(b) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under this title as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary.
(c) Notice of Hazardous Substance Activity and Warranty.--In carrying out this section, the Secretary shall comply with section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
(d) Limitation on Applicability.--The provisions in this section apply only to the property conveyances specifically required by this title.
TITLE LIX--RESPECT ACT
SEC. 5901. SHORT TITLE.
This title may be cited as the “Repealing Existing Substandard Provisions Encouraging Conciliation with Tribes Act” or the “RESPECT Act”.
SEC. 5902. REPEAL OF CERTAIN OBSOLETE LAWS RELATING TO INDIANS.
(1) Section 2080 of the Revised Statutes (25 U.S.C. 72) is repealed.
(2) Section 2100 of the Revised Statutes (25 U.S.C. 127) is repealed.
(3) Section 2 of the Act of March 3, 1875 (18 Stat. 449, chapter 132; 25 U.S.C. 128), is repealed.
(4) The first section of the Act of March 3, 1875 (18 Stat. 424, chapter 132; 25 U.S.C. 129), is amended under the heading “CHEYENNES AND ARAPAHOES.” by striking “; that the Secretary of the Interior be authorized to withhold, from any tribe of Indians who may hold any captives other than Indians, any moneys due them from the United States until said captives shall be surrendered to the lawful authorities of the United States”.
(5) Section 2087 of the Revised Statutes (25 U.S.C. 130) is repealed.
(6) Section 3 of the Act of March 3, 1875 (18 Stat. 449, chapter 132; 25 U.S.C. 137), is repealed.
(7) Section 2101 of the Revised Statutes (25 U.S.C. 138) is repealed.
(8) Section 7 of the Act of June 23, 1879 (21 Stat. 35, chapter 35; 25 U.S.C. 273), is repealed.
(9) The first section of the Act of March 3, 1893 (27 Stat. 612, chapter 209), is amended--
(A) under the heading “MISCELLANEOUS SUPPORTS.” (27 Stat. 628; 25 U.S.C. 283), by striking the last 2 undesignated paragraphs; and
(B) under the heading “FOR SUPPORT OF SCHOOLS.” (27 Stat. 635; 25 U.S.C. 283), by striking the second undesignated paragraph.
(10) Section 18 of the Act of June 30, 1913 (38 Stat. 96, chapter 4; 25 U.S.C. 285), is amended by striking the tenth undesignated paragraph.
(11) The Act of June 21, 1906 (34 Stat. 325, chapter 3504), is amended under the heading “commissioner.” under the heading “I. GENERAL PROVISIONS.” (34 Stat. 328; 25 U.S.C. 302) by striking the fourth undesignated paragraph.
TITLE LX--AGUA CALIENTE LAND EXCHANGE FEE TO TRUST CONFIRMATION ACT
SEC. 6001. SHORT TITLE.
This title may be cited as the “Agua Caliente Land Exchange Fee to Trust Confirmation Act”.
SEC. 6002. LAND TO BE TAKEN INTO TRUST FOR THE BENEFIT OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS.
(a) In General.--The approximately 2,560 acres of land owned by the Agua Caliente Band of Cahuilla Indians generally depicted as “Lands to be Taken into Trust” on the map entitled “Agua Caliente Band of Cahuilla Indians Land to be Taken into Trust” and dated November 17, 2021, is hereby taken into trust by the United States for the benefit of the Agua Caliente Band of Cahuilla Indians.
(b) Administration.--Land taken into trust by subsection (a) shall be--
(1) part of the reservation of the Agua Caliente Band of Cahuilla Indians; and
(2) administered in accordance with the laws and regulations generally applicable to property held in trust by the United States for the benefit of an Indian Tribe.
(c) Gaming Prohibited.--Land taken into trust by subsection (a) shall not be eligible for gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
TITLE LXI--URBAN INDIAN HEALTH CONFER ACT
SEC. 6101. SHORT TITLE.
This title may be cited as the “Urban Indian Health Confer Act”.
SEC. 6102. URBAN INDIAN ORGANIZATION CONFER POLICY.
Section 514(b) of the Indian Health Care Improvement Act (25 U.S.C. 1660d) is amended to read as follows:
“(b) Requirement.--The Secretary shall ensure that the Service and the other agencies and offices of the Department confer, to the maximum extent practicable, with urban Indian organizations in carrying out--
“(1) this Act; and
“(2) other provisions of law relating to Indian health care.”.
TITLE LXII--OLD PASCUA COMMUNITY LAND ACQUISITION ACT
SEC. 6201. SHORT TITLE.
This title may be cited as the “Old Pascua Community Land Acquisition Act”.
SEC. 6202. DEFINITIONS.
In this title:
(1) Compact-designated area.--The term “Compact Designated Area” means the area south of West Grant Road, east of Interstate 10, north of West Calle Adelanto, and west of North 15th Avenue in the City of Tucson, Arizona, as provided specifically in the Pascua Yaqui Tribe--State of Arizona Amended and Restated Gaming Compact signed in 2021.
(2) Tribe.--The term “Tribe” means the Pascua Yaqui Tribe of Arizona, a federally recognized Indian tribe.
(3) Indian tribe.--The term “Indian Tribe”--
(A) means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and
(B) does not include any Alaska Native regional or village corporation.
(4) Secretary.--The term “Secretary” means the Secretary of the Interior.
SEC. 6203. LAND TO BE HELD IN TRUST.
Upon the request of the Tribe, the Secretary shall accept and take into trust for the benefit of the Tribe, subject to all valid existing rights, any land within the Compact-Designated Area that is owned by Tribe.
SEC. 6204. APPLICATION OF CURRENT LAW.
Gaming conducted by the Tribe in the Compact-Designated Area shall be subject to--
(1) the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.); and
(2) sections 1166 through 1168 of title 18, United States Code.
SEC. 6205. REAFFIRMATION OF STATUS AND ACTIONS.
(a) Administration.--Land placed into trust pursuant to this title shall--
(1) be a part of the Pascua Yaqui Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe; and
(2) be deemed to have been acquired and taken into trust on September 18, 1978.
(b) Rules of Construction.--Nothing in this title shall--
(1) enlarge, impair, or otherwise affect any right or claim of the Tribe to any land or interest in land in existence before the date of the enactment of this Act;
(2) affect any water right of the Tribe in existence before the date of the enactment of this Act;
(3) terminate or limit any access in any way to any right-of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act; or
(4) alter or diminish the right of the Tribe to seek to have additional land taken into trust by the United States for the benefit of the Tribe.
TITLE LXIII--NATIVE AMERICAN TOURISM GRANT PROGRAMS
SEC. 6301. NATIVE AMERICAN TOURISM GRANT PROGRAMS.
The Native American Tourism and Improving Visitor Experience Act (25 U.S.C. 4351 et seq.) is amended--
(1) by redesignating section 6 (25 U.S.C. 4355) as section 7; and
(2) by inserting after section 5 (25 U.S.C. 4354) the following:
“SEC. 6. NATIVE AMERICAN TOURISM GRANT PROGRAMS.
“(a) Bureau of Indian Affairs Program.--The Director of the Bureau of Indian Affairs may make grants to and enter into agreements with Indian tribes and tribal organizations to carry out the purposes of this Act, as described in section 2.
“(b) Office of Native Hawaiian Relations.--The Director of the Office of Native Hawaiian Relations may make grants to and enter into agreements with Native Hawaiian organizations to carry out the purposes of this Act, as described in section 2.
“(c) Other Federal Agencies.--The heads of other Federal agencies, including the Secretaries of Commerce, Transportation, Agriculture, Health and Human Services, and Labor, may make grants under this authority to and enter into agreements with Indian tribes, tribal organizations, and Native Hawaiian organizations to carry out the purposes of this Act, as described in section 2.
“(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.”.
TITLE LXIV--BLACKWATER TRADING POST
SEC. 6401. SHORT TITLE.
This title may be cited as the “Blackwater Trading Post Land Transfer Act”.
SEC. 6402. DEFINITIONS.
In this title:
(1) Blackwater trading post land.--The term “Blackwater Trading Post Land” means the approximately 55.3 acres of land as depicted on the map that--
(A) is located in Pinal County, Arizona, and bordered by Community land to the east, west, and north and State Highway 87 to the south; and
(B) is owned by the Community.
(2) Community.--The term “Community” means the Gila River Indian Community of the Reservation.
(3) Map.--The term “map” means the map entitled “Results of Survey, Ellis Property, A Portion of the West \1/2\ of Section 12, Township 5 South, Range 7 East, Gila and Salt River Meridian, Pinal County, Arizona” and dated October 15, 2012.
(4) Reservation.--The term “Reservation” means the land located within the exterior boundaries of the reservation created under sections 3 and 4 of the Act of February 28, 1859 (11 Stat. 401, chapter LXVI), and Executive orders of August 31, 1876, June 14, 1879, May 5, 1882, November 15, 1883, July 31, 1911, June 2, 1913, August 27, 1914, and July 19, 1915, and any other lands placed in trust for the benefit of the Community.
(5) Secretary.--The term “Secretary” means the Secretary of the Interior.
SEC. 6403. LAND TAKEN INTO TRUST FOR BENEFIT OF THE GILA RIVER INDIAN COMMUNITY.
(a) In General.--The Secretary shall take the Blackwater Trading Post Land into trust for the benefit of the Community, after the Community--
(1) conveys to the Secretary all right, title, and interest of the Community in and to the Blackwater Trading Post Land;
(2) submits to the Secretary a request to take the Blackwater Trading Post Land into trust for the benefit of the Community;
(3) conducts a survey (to the satisfaction of the Secretary) to determine the exact acreage and legal description of the Blackwater Trading Post Land, if the Secretary determines a survey is necessary; and
(4) pays all costs of any survey conducted under paragraph (3).
(b) Availability of Map.--Not later than 180 days after the Blackwater Trading Post Land is taken into trust under subsection (a), the map shall be on file and available for public inspection in the appropriate offices of the Secretary.
(c) Lands Taken Into Trust Part of Reservation.--After the date on which the Blackwater Trading Post Land is taken into trust under subsection (a), the land shall be treated as part of the Reservation.
(d) Gaming.--Class II and class III gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not be allowed at any time on the land taken into trust under subsection (a).
(e) Description.--
(1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall cause the full metes-and-bounds description of the Blackwater Trading Post Land to be published in the Federal Register.
(2) Treatment.--The description under paragraph (1) shall, on publication, constitute the official description of the Blackwater Trading Post Land.
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Senate amendment submitted
September 29, 2022