S.Amdt. 6579Senate117th Congress (2021-2023)2nd degree
S.Amdt. 6579
Sponsored by
Sen. Thom Tillis (R-NC)
Submitted December 20, 2022
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Senate amendment submitted
December 20, 2022
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SA 6579. Mr. TILLIS (for himself and Mr. Burr) submitted an amendment intended to be proposed to amendment SA 6552 proposed by Mr. Leahy to the bill H.R. 2617, to amend section 1115 of title 31, United States Code, to amend the description of how performance goals are achieved, and for other purposes; which was ordered to lie on the table; as follows: At the end of the amendment, add the following: DIVISION KK--INDIAN AFFAIRS MATTERS TITLE I--LUMBEE TRIBE OF NORTH CAROLINA RECOGNITION ACT OF 2022 SEC. 101. SHORT TITLE. This title may be cited as the ``Lumbee Tribe of North Carolina Recognition Act of 2022''. SEC. 102. FEDERAL RECOGNITION. The Act of June 7, 1956 (70 Stat. 254, chapter 375), is amended-- (1) by striking section 2; (2) in the first sentence of the first section, by striking ``That the Indians'' and inserting the following: ``SEC. 3. DESIGNATION OF LUMBEE INDIANS. ``The Indians''; (3) in the preamble-- (A) by inserting before the first undesignated clause the following: ``SECTION 1. FINDINGS. ``Congress finds that--''; (B) by designating the undesignated clauses as paragraphs (1) through (4), respectively, and indenting appropriately; (C) by striking ``Whereas'' each place it appears; (D) by striking ``and'' after the semicolon at the end of each of paragraphs (1) and (2) (as so designated); and (E) in paragraph (4) (as so designated), by striking ``: Now, therefore,'' and inserting a period; (4) by moving the enacting clause so as to appear before section 1 (as so designated); (5) by striking the last sentence of section 3 (as designated by paragraph (2)); (6) by inserting before section 3 (as designated by paragraph (2)) the following: ``SEC. 2. DEFINITIONS. ``In this Act: ``(1) Secretary.--The term `Secretary' means the Secretary of the Interior. ``(2) Tribe.--The term `Tribe' means the Lumbee Tribe of North Carolina or the Lumbee Indians of North Carolina.''; and (7) by adding at the end the following: ``SEC. 4. FEDERAL RECOGNITION. ``(a) In General.--Federal recognition is extended to the Tribe (as designated as petitioner number 65 by the Office of Federal Acknowledgment). ``(b) Applicability of Laws.--All laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Tribe and its members. ``(c) Petition for Acknowledgment.--Notwithstanding section 3, any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Tribe (as determined under section 5(d)) may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgment of tribal existence. ``SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES. ``(a) In General.--The Tribe and its members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes. ``(b) Service Area.--For the purpose of the delivery of Federal services and benefits described in subsection (a), those members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation. ``(c) Determination of Needs.--On verification by the Secretary of a tribal roll under subsection (d), the Secretary and the Secretary of Health and Human Services shall-- ``(1) develop, in consultation with the Tribe, a determination of needs to provide the services for which members of the Tribe are eligible; and ``(2) after the tribal roll is verified, each submit to Congress a written statement of those needs. ``(d) Tribal Roll.-- ``(1) In general.--For purpose of the delivery of Federal services and benefits described in subsection (a), the tribal roll in effect on the date of enactment of this section shall, subject to verification by the Secretary, define the service population of the Tribe. ``(2) Verification limitation and deadline.--The verification by the Secretary under paragraph (1) shall-- ``(A) be limited to confirming documentary proof of compliance with the membership criteria set out in the constitution of the Tribe adopted on November 16, 2001; and ``(B) be completed not later than 2 years after the submission of a digitized roll with supporting documentary proof by the Tribe to the Secretary. ``SEC. 6. AUTHORIZATION TO TAKE LAND INTO TRUST. ``(a) In General.--Notwithstanding any other provision of law, the Secretary is hereby authorized to take land into trust for the benefit of the Tribe. ``(b) Treatment of Certain Land.--An application to take into trust land located within Robeson County, North Carolina, under this section shall be treated by the Secretary as an `on reservation' trust acquisition under part 151 of title 25, Code of Federal Regulations (or a successor regulation). ``SEC. 7. JURISDICTION OF STATE OF NORTH CAROLINA. ``(a) In General.--With respect to land located within the State of North Carolina that is owned by, or held in trust by the United States for the benefit of, the Tribe, or any dependent Indian community of the Tribe, the State of North Carolina shall exercise jurisdiction over-- ``(1) all criminal offenses that are committed; and ``(2) all civil actions that arise. ``(b) Transfer of Jurisdiction.-- ``(1) In general.--Subject to paragraph (2), the Secretary may accept on behalf of the United States, after consulting with the Attorney General of the United States, any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in subsection (a) over Indian country occupied by the Tribe pursuant to an agreement between the Tribe and the State of North Carolina. ``(2) Restriction.--A transfer of jurisdiction described in paragraph (1) may not take effect until 2 years after the effective date of the agreement described in that paragraph. ``(c) Effect.--Nothing in this section affects the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919). ``SEC. 8. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated such sums as are necessary to carry out this Act. ``SEC. 9. SHORT TITLE. ``This Act may be cited as the `Lumbee Tribe of North Carolina Recognition Act'.''. TITLE II--TRIBAL TRUST LAND HOMEOWNERSHIP ACT OF 2022 SEC. 201. SHORT TITLE. This title may be cited as the ``Tribal Trust Land Homeownership Act of 2022''. SEC. 202. DEFINITIONS. In this title: (1) Applicable bureau office.--The term ``applicable Bureau office'' means-- (A) a Regional office of the Bureau; (B) an Agency office of the Bureau; or (C) a Land Titles and Records Office of the Bureau. (2) Bureau.--The term ``Bureau'' means the Bureau of Indian Affairs. (3) Director.--The term ``Director'' means the Director of the Bureau. (4) First certified title status report.--The term ``first certified title status report'' means the title status report needed to verify title status on Indian land. (5) Indian land.--The term ``Indian land'' has the meaning given the term in section 162.003 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act). (6) Land mortgage.--The term ``land mortgage'' means a mortgage obtained by an individual Indian who owns a tract of trust land for the purpose of-- (A) home acquisition; (B) home construction; (C) home improvements; or (D) economic development. (7) Leasehold mortgage.--The term ``leasehold mortgage'' means a mortgage, deed of trust, or other instrument that pledges the leasehold interest of a lessee as security for a debt or other obligation owed by the lessee to a lender or other mortgagee. (8) Mortgage package.--The term ``mortgage package'' means a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document submitted to an applicable Bureau office under section 203(a)(1). (9) Relevant federal agency.--The term ``relevant Federal agency'' means any of the following Federal agencies that guarantee or make direct mortgage loans on Indian land: (A) The Department of Agriculture. (B) The Department of Housing and Urban Development. (C) The Department of Veterans Affairs. [[Page S9650]] (10) Right-of-way document.--The term ``right-of-way document'' has the meaning given the term in section 169.2 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act). (11) Subsequent certified title status report.--The term ``subsequent certified title status report'' means the title status report needed to identify any liens against a residential, business, or land lease on Indian land. SEC. 203. MORTGAGE REVIEW AND PROCESSING. (a) Review and Processing Deadlines.-- (1) In general.--As soon as practicable after receiving a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document, the applicable Bureau office shall notify the lender that the proposed residential leasehold mortgage, business leasehold mortgage, or right-of-way document has been received. (2) Preliminary review.-- (A) In general.--Not later than 10 calendar days after receipt of a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document, the applicable Bureau office shall conduct and complete a preliminary review of the residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document to verify that all required documents are included. (B) Incomplete documents.--As soon as practicable, but not more than 2 calendar days, after finding that any required documents are missing under subparagraph (A), the applicable Bureau office shall notify the lender of the missing documents. (3) Approval or disapproval.-- (A) Leasehold mortgages.--Not later than 20 calendar days after receipt of a complete executed residential leasehold mortgage or business leasehold mortgage, proof of required consents, and other required documentation, the applicable Bureau office shall approve or disapprove the residential leasehold mortgage or business leasehold mortgage. (B) Right-of-way documents.--Not later than 30 calendar days after receipt of a complete executed right-of-way document, proof of required consents, and other required documentation, the applicable Bureau office shall approve or disapprove the right-of-way document. (C) Land mortgages.--Not later than 30 calendar days after receipt of a complete executed land mortgage, proof of required consents, and other required documentation, the applicable Bureau office shall approve or disapprove the land mortgage. (D) Requirements.--The determination of whether to approve or disapprove a residential leasehold mortgage or business leasehold mortgage under subparagraph (A), a right-of-way document under subparagraph (B), or a land mortgage under subparagraph (C)-- (i) shall be in writing; and (ii) in the case of a determination to disapprove a residential leasehold mortgage, business leasehold mortgage, right-of-way document, or land mortgage shall, state the basis for the determination. (E) Application.--This paragraph shall not apply to a residential leasehold mortgage or business leasehold mortgage with respect to Indian land in cases in which the applicant for the residential leasehold mortgage or business leasehold mortgage is an Indian tribe (as defined in subsection (d) of the first section of the Act of 1955 (69 Stat. 539, chapter 615; 126 Stat. 1150; 25 U.S.C. 415(d))) that has been approved for leasing under subsection (h) of that section (69 Stat. 539, chapter 615; 126 Stat. 1151; 25 U.S.C. 415(h)). (4) Certified title status reports.-- (A) Completion of reports.-- (i) In general.--Not later than 10 calendar days after the applicable Bureau office approves a residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document under paragraph (3), the applicable Bureau office shall complete the processing of, as applicable-- (I) a first certified title status report, if a first certified title status report was not completed prior to the approval of the residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document; and (II) a subsequent certified title status report. (ii) Requests for first certified title status reports.-- Notwithstanding clause (i), not later than 14 calendar days after the applicable Bureau office receives a request for a first certified title status report from an applicant for a residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document under paragraph (1), the applicable Bureau office shall complete the processing of the first certified title status report. (B) Notice.-- (i) In general.--As soon as practicable after completion of the processing of, as applicable, a first certified title status report or a subsequent certified title status report under subparagraph (A), but by not later than the applicable deadline described in that subparagraph, the applicable Bureau office shall give notice of the completion to the lender. (ii) Form of notice.--The applicable Bureau office shall give notice under clause (i)-- (I) electronically through secure, encryption software; and (II) through the United States mail. (iii) Option to opt out.--The lender may opt out of receiving notice electronically under clause (ii)(I). (b) Notices.-- (1) In general.--If the applicable Bureau office does not complete the review and processing of mortgage packages under subsection (a) (including any corresponding first certified title status report or subsequent certified title status report under paragraph (4) of that subsection) by the applicable deadline described in that subsection, immediately after missing the deadline, the applicable Bureau office shall provide notice of the delay in review and processing to-- (A) the party that submitted the mortgage package or requested the first certified title status report; and (B) the lender for which the mortgage package (including any corresponding first certified title status report or subsequent certified title status report) is being requested. (2) Requests for updates.--In addition to providing the notices required under paragraph (1), not later than 2 calendar days after receiving a relevant inquiry with respect to a submitted mortgage package from the party that submitted the mortgage package or the lender for which the mortgage package (including any corresponding first certified title status report or subsequent certified title status report) is being requested or an inquiry with respect to a requested first certified title status report from the party that requested the first certified title status report, the applicable Bureau office shall respond to the inquiry. (c) Delivery of First and Subsequent Certified Title Status Reports.--Notwithstanding any other provision of law, any first certified title status report and any subsequent certified title status report, as applicable, shall be delivered directly to-- (1) the lender; (2) any local or regional agency office of the Bureau that requests the first certified title status report or subsequent certified title status report; (3) in the case of a proposed residential leasehold mortgage or land mortgage, the relevant Federal agency that insures or guarantees the loan; and (4) if requested, any individual or entity described in section 150.303 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act). (d) Access to Trust Asset and Accounting Management System.--Beginning on the date of enactment of this Act, the relevant Federal agencies and Indian Tribes shall have read- only access to the Trust Asset and Accounting Management System maintained by the Bureau. (e) Annual Report.-- (1) In general.--Not later than March 1 of each calendar year, the Director shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report describing-- (A) for the most recent calendar year, the number of requests received to complete residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages (including any requests for corresponding first certified title status reports and subsequent certified title status reports), including a detailed description of-- (i) requests that were and were not successfully completed by the applicable deadline described in subsection (a) by each applicable Bureau office; and (ii) the reasons for each applicable Bureau office not meeting any applicable deadlines; and (B) the length of time needed by each applicable Bureau office during the most recent calendar year to provide the notices required under subsection (b)(1). (2) Requirement.--In submitting the report required under paragraph (1), the Director shall maintain the confidentiality of personally identifiable information of the parties involved in requesting the completion of residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages (including any corresponding first certified title status reports and subsequent certified title status reports). (f) GAO Study.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes-- (1) an evaluation of the need for residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages of each Indian Tribe to be digitized for the purpose of streamlining and expediting the completion of mortgage packages for residential mortgages on Indian land (including the corresponding first certified title status reports and subsequent certified title status reports); and (2) an estimate of the time and total cost necessary for Indian Tribes to digitize the records described in paragraph (1), in conjunction with assistance in that digitization from the Bureau. SEC. 204. ESTABLISHMENT OF REALTY OMBUDSMAN POSITION. (a) In General.--The Director shall establish within the Division of Real Estate Services of the Bureau the position of Realty Ombudsman, who shall report directly to the Secretary of the Interior. [[Page S9651]] (b) Functions.--The Realty Ombudsman shall-- (1) ensure that the applicable Bureau offices are meeting the mortgage review and processing deadlines established by section 203(a); (2) ensure that the applicable Bureau offices comply with the notices required under subsections (a) and (b) of section 203; (3) serve as a liaison to other Federal agencies, including by-- (A) ensuring the Bureau is responsive to all of the inquiries from the relevant Federal agencies; and (B) helping to facilitate communications between the relevant Federal agencies and the Bureau on matters relating to mortgages on Indian land; (4) receive inquiries, questions, and complaints directly from Indian Tribes, members of Indian Tribes, and lenders in regard to executed residential leasehold mortgages, business leasehold mortgages, land mortgages, or right-of-way documents; and (5) serve as the intermediary between the Indian Tribes, members of Indian Tribes, and lenders and the Bureau in responding to inquiries and questions and resolving complaints. TITLE III--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION REAUTHORIZATION ACT OF 2022 SEC. 301. SHORT TITLE. This title may be cited as the ``Native American Housing Assistance and Self-Determination Reauthorization Act of 2022''. SEC. 302. CONSOLIDATION OF ENVIRONMENTAL REVIEW REQUIREMENTS. Section 105 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by adding at the end the following: ``(e) Consolidation of Environmental Review Requirements.-- ``(1) In general.--In the case of a recipient of grant amounts under this Act that is carrying out a project that qualifies as an affordable housing activity under section 202, if the recipient is using 1 or more additional sources of Federal funds to carry out the project, and the grant amounts received under this Act constitute the largest single source of Federal funds that the recipient reasonably expects to commit to the project at the time of environmental review, the Indian tribe of the recipient may assume, in addition to all of the responsibilities for environmental review, decision making, and action under subsection (a), all of the additional responsibilities for environmental review, decision making, and action under provisions of law that would apply to each Federal agency providing additional funding were the Federal agency to carry out the project as a Federal project. ``(2) Discharge.--The assumption by the Indian tribe of the additional responsibilities for environmental review, decision making, and action under paragraph (1) with respect to a project shall be deemed to discharge the responsibility of the applicable Federal agency for environmental review, decision making, and action with respect to the project. ``(3) Certification.--An Indian tribe that assumes the additional responsibilities under paragraph (1), shall certify, in addition to the requirements under subsection (c)-- ``(A) the additional responsibilities that the Indian tribe has fully carried out under this subsection; and ``(B) that the certifying officer consents to assume the status of a responsible Federal official under the provisions of law that would apply to each Federal agency providing additional funding under paragraph (1). ``(4) Liability.-- ``(A) In general.--An Indian tribe that completes an environmental review under this subsection shall assume sole liability for the content and quality of the review. ``(B) Remedies and sanctions.--Except as provided in subparagraph (C), if the Secretary approves a certification and release of funds to an Indian tribe for a project in accordance with subsection (b), but the Secretary or the head of another Federal agency providing funding for the project subsequently learns that the Indian tribe failed to carry out the responsibilities of the Indian tribe as described in subsection (a) or paragraph (1), as applicable, the Secretary or other head, as applicable, may impose appropriate remedies and sanctions in accordance with-- ``(i) the regulations issued pursuant to section 106; or ``(ii) such regulations as are issued by the other head. ``(C) Statutory violation waivers.--If the Secretary waives the requirements under this section in accordance with subsection (d) with respect to a project for which an Indian tribe assumes additional responsibilities under paragraph (1), the waiver shall prohibit any other Federal agency providing additional funding for the project from imposing remedies or sanctions for failure to comply with requirements for environmental review, decision making, and action under provisions of law that would apply to the Federal agency.''. SEC. 303. AUTHORIZATION OF APPROPRIATIONS. Section 108 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4117) is amended, in the first sentence, by striking ``2009 through 2013'' and inserting ``2023 through 2033''. SEC. 304. STUDENT HOUSING ASSISTANCE. Section 202(3) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4132(3)) is amended by inserting ``including education-related stipends, college housing assistance, and other education-related assistance for low-income college students,'' after ``self- sufficiency and other services,''. SEC. 305. APPLICATION OF RENT RULE ONLY TO UNITS OWNED OR OPERATED BY INDIAN TRIBE OR TRIBALLY DESIGNATED HOUSING ENTITY. Section 203(a)(2) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is amended by inserting ``owned or operated by a recipient and'' after ``residing in a dwelling unit''. SEC. 306. PROGRAM REQUIREMENTS. Section 203(a) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4133(a)) (as amended by section 305) is amended-- (1) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; (2) by redesignating paragraph (2) as paragraph (3); (3) by inserting after paragraph (1) the following: ``(2) Application of tribal policies.--Paragraph (3) shall not apply if-- ``(A) the recipient has a written policy governing rents and homebuyer payments charged for dwelling units; and ``(B) that policy includes a provision governing maximum rents or homebuyer payments, including tenant protections.''; and (4) in paragraph (3) (as so redesignated), by striking ``In the case of'' and inserting ``In the absence of a written policy governing rents and homebuyer payments, in the case of''. SEC. 307. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND SERVICES. Section 203(g) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4133(g)) is amended by striking ``$5,000'' and inserting ``$10,000''. SEC. 308. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME REQUIREMENT AND INCOME TARGETING. Section 205 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4135) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (C), by striking ``and'' at the end; and (B) by adding at the end the following: ``(E) notwithstanding any other provision of this paragraph, in the case of rental housing that is made available to a current rental family for conversion to a homebuyer or a lease-purchase unit, that the current rental family can purchase through a contract of sale, lease- purchase agreement, or any other sales agreement, is made available for purchase only by the current rental family, if the rental family was a low-income family at the time of their initial occupancy of such unit; and''; and (2) in subsection (c)-- (A) by striking ``The provisions'' and inserting the following: ``(1) In general.--The provisions''; and (B) by adding at the end the following: ``(2) Applicability to improvements.--The provisions of subsection (a)(2) regarding binding commitments for the remaining useful life of property shall not apply to improvements of privately owned homes if the cost of the improvements do not exceed 10 percent of the maximum total development cost for the home.''. SEC. 309. LEASE REQUIREMENTS AND TENANT SELECTION. Section 207 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4137) is amended by adding at the end the following: ``(c) Notice of Termination.--The notice period described in subsection (a)(3) shall apply to projects and programs funded in part by amounts authorized under this Act.''. SEC. 310. INDIAN HEALTH SERVICE. (a) In General.--Subtitle A of title II of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4131 et seq.) is amended by adding at the end the following: ``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION. ``Notwithstanding any other provision of law, the Director of the Indian Health Service, or a recipient receiving funding for a housing construction or renovation project under this title, may use funding from the Indian Health Service for the construction of sanitation facilities under that project.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Native American Housing Assistance and Self- Determination Act of 1996 (Public Law 104-330; 110 Stat. 4016) is amended by inserting after the item relating to section 210 the following: ``Sec. 211. IHS sanitation facilities construction.''. SEC. 311. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN EMERGENCIES. Section 401(a)(4) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is amended-- (1) in subparagraph (A), by striking ``may take an action described in paragraph (1)(C)'' and inserting ``may immediately take an action described in paragraph (1)(C)''; and (2) by striking subparagraph (B) and inserting the following: ``(B) Procedural requirements.-- ``(i) In general.--If the Secretary takes an action described in subparagraph (A), the Secretary shall provide notice to the recipient at the time that the Secretary takes that action. [[Page S9652]] ``(ii) Notice requirements.--The notice under clause (i) shall inform the recipient that the recipient may request a hearing by not later than 30 days after the date on which the Secretary provides the notice. ``(iii) Hearing requirements.--A hearing requested under clause (ii) shall be conducted-- ``(I) in accordance with subpart A of part 26 of title 24, Code of Federal Regulations (or successor regulations); and ``(II) to the maximum extent practicable, on an expedited basis. ``(iv) Failure to conduct a hearing.--If a hearing requested under clause (ii) is not completed by the date that is 180 days after the date on which the recipient requests the hearing, the action of the Secretary to limit the availability of payments shall no longer be effective.''. SEC. 312. REPORTS TO CONGRESS. Section 407 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4167) is amended-- (1) in subsection (a), by striking ``Congress'' and inserting ``Committee on Indian Affairs and the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives''; and (2) by adding at the end the following: ``(c) Public Availability.--The report described in subsection (a) shall be made publicly available, including to recipients.''. SEC. 313. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR HOUSING PURPOSES. Section 702 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4211) is amended-- (1) in the section heading, by striking ``50-year'' and inserting ``99-year''; (2) in subsection (b), by striking ``50 years'' and inserting ``99 years''; and (3) in subsection (c)(2), by striking ``50 years'' and inserting ``99 years''. SEC. 314. AMENDMENTS FOR BLOCK GRANTS FOR AFFORDABLE HOUSING ACTIVITIES. Section 802(e) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4222(e)) is amended by-- (1) by striking ``The Director'' and inserting the following: ``(1) In general.--The Director''; and (2) by adding at the end the following: ``(2) Subawards.--Notwithstanding any other provision of law, including provisions of State law requiring competitive procurement, the Director may make subawards to subrecipients, except for for-profit entities, using amounts provided under this title to carry out affordable housing activities upon a determination by the Director that such subrecipients have adequate capacity to carry out activities in accordance with this Act.''. SEC. 315. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP PROVISIONS. Section 824 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by striking ``such sums as may be necessary'' and all that follows through the period at the end and inserting ``such sums as may be necessary for each of fiscal years 2023 through 2033.''. SEC. 316. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST. Affordable housing (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) that is developed, acquired, or assisted under the block grant program established under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111) shall not exceed by more than 20 percent, without prior approval of the Secretary of Housing and Urban Development, the total development cost maximum cost for all housing assisted under an affordable housing activity, including development and model activities. SEC. 317. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS. Section 105 of the Housing and Community Development Act of 1974 (42 U.S.C. 5305) is amended by adding at the end the following: ``(i) Indian Tribes and Tribally Designated Housing Entities as Community-Based Development Organizations.-- ``(1) Definition.--In this subsection, the term `tribally designated housing entity' has the meaning given the term in section 4 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4103). ``(2) Qualification.--An Indian tribe, a tribally designated housing entity, or a tribal organization shall qualify as a community-based development organization for purposes of carrying out new housing construction under this subsection under a grant made under section 106(a)(1).''. SEC. 318. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING COUNSELING GRANTS. Section 106(a)(4) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(a)(4)) is amended-- (1) in subparagraph (A)-- (A) by striking ``and'' and inserting a comma; and (B) by inserting before the period at the end the following: ``, Indian tribes, and tribally designated housing entities''; (2) in subparagraph (B), by inserting ``, Indian tribes, and tribally designated housing entities'' after ``organizations)''; (3) by redesignating subparagraph (F) as subparagraph (G); and (4) by inserting after subparagraph (E) the following: ``(F) Definitions.--In this paragraph, the terms `Indian tribe' and `tribally designated housing entity' have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).''. SEC. 319. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM. (a) In General.--Section 184(b)(4) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(b)(4)) is amended by-- (1) redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly; (2) by striking ``The loan'' and inserting the following: ``(A) In general.--The loan''; (3) in subparagraph (A), as so designated, by adding at the end the following: ``(v) Any entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).''; and (4) by adding at the end the following: ``(B) Direct guarantee process.-- ``(i) Authorization.--The Secretary may authorize qualifying lenders to participate in a direct guarantee process for approving loans under this section. ``(ii) Indemnification.-- ``(I) In general.--If the Secretary determines that a mortgage guaranteed through a direct guarantee process under this subparagraph was not originated in accordance with the requirements established by the Secretary, the Secretary may require the lender approved under this subparagraph to indemnify the Secretary for the loss, irrespective of whether the violation caused the mortgage default. ``(II) Fraud or misrepresentation.--If fraud or misrepresentation is involved in a direct guarantee process under this subparagraph, the Secretary shall require the original lender approved under this subparagraph to indemnify the Secretary for the loss regardless of when an insurance claim is paid. ``(C) Review of mortgagees.-- ``(i) In general.--The Secretary may periodically review the mortgagees originating, underwriting, or servicing single family mortgage loans under this section. ``(ii) Requirements.--In conducting a review under clause (i), the Secretary-- ``(I) shall compare the mortgagee with other mortgagees originating or underwriting loan guarantees for Indian housing based on the rates of defaults and claims for guaranteed mortgage loans originated, underwritten, or serviced by that mortgagee; ``(II) may compare the mortgagee with such other mortgagees based on underwriting quality, geographic area served, or any commonly used factors the Secretary determines necessary for comparing mortgage default risk, provided that the comparison is of factors that the Secretary would expect to affect the default risk of mortgage loans guaranteed by the Secretary; ``(iii) shall implement such comparisons by regulation, notice, or mortgagee letter; and ``(I) may terminate the approval of a mortgagee to originate, underwrite, or service loan guarantees for housing under this section if the Secretary determines that the mortgage loans originated, underwritten, or serviced by the mortgagee present an unacceptable risk to the Indian Housing Loan Guarantee Fund established under subsection (i)-- ``(aa) based on a comparison of any of the factors set forth in this subparagraph; or ``(bb) by a determination that the mortgagee engaged in fraud or misrepresentation.''. (b) Loan Guarantees for Indian Housing.--Section 184(i)(5) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(i)(5)) is amended-- (1) in subparagraph (B), by inserting after the first sentence the following: ``There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2023 through 2033.''; and (2) in subparagraph (C), by striking ``2008 through 2012'' and inserting ``2023 through 2033''. SEC. 320. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING. Section 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b) is amended-- (1) in subsection (c)(4)(B)-- (A) by redesignating clause (iv) as clause (v); and (B) by adding after clause (iii) the following: ``(iv) Any entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).''; and (2) in subsection (j)(5)(B), by inserting after the first sentence the following: ``There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2023 through 2033.''. SEC. 321. ASSISTANT SECRETARY FOR INDIAN HOUSING. The Department of Housing and Urban Development Act (42 U.S.C. 3531 et seq.) is amended-- (1) in section 4 (42 U.S.C. 3533)-- [[Page S9653]] (A) in subsection (a)(1), by striking ``7'' and inserting ``8''; and (B) in subsection (e)-- (i) by redesignating paragraph (2) as paragraph (4); and (ii) by striking ``(e)(1)(A) There'' and all that follows through the end of paragraph (1) and inserting the following: ``(e)(1) There is established within the Department the Office of Native American Programs (in this subsection referred to as the `Office') to be headed by an Assistant Secretary for Native American Programs (in this subsection referred to as the `Assistant Secretary'), who shall be 1 of the Assistant Secretaries in subsection (a)(1). ``(2) The Assistant Secretary shall be responsible for-- ``(A) administering, in coordination with the relevant office in the Department, the provision of housing assistance to Indian tribes or Indian housing authorities under each program of the Department that provides for such assistance; ``(B) administering the community development block grant program for Indian tribes under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) and the provision of assistance to Indian tribes under such Act; ``(C) directing, coordinating, and assisting in managing any regional offices of the Department that administer Indian programs to the extent of such programs; and ``(D) coordinating all programs of the Department relating to Indian and Alaska Native housing and community development. ``(3) The Secretary shall include in the annual report under section 8 a description of the extent of the housing needs for Indian families and community development needs of Indian tribes in the United States and the activities of the Department, and extent of such activities, in meeting such needs.''; and (2) in section 8 (42 U.S.C. 3536), by striking ``section 4(e)(2)'' and inserting ``section 4(e)(4)''. SEC. 322. DRUG ELIMINATION PROGRAM. (a) Definitions.--In this section: (1) Controlled substance.--The term ``controlled substance'' has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802). (2) Drug-related crime.--The term ``drug-related crime'' means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance. (3) Recipient.--The term ``recipient''-- (A) has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103); and (B) includes a recipient of funds under title VIII of that Act (25 U.S.C. 4221 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (b) Establishment.--The Secretary may make grants under this section to recipients of assistance under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) for use in eliminating drug- related and violent crime. (c) Eligible Activities.--Grants under this section may be used for-- (1) the employment of security personnel; (2) reimbursement of State, local, Tribal, or Bureau of Indian Affairs law enforcement agencies for additional security and protective services; (3) physical improvements which are specifically designed to enhance security; (4) the employment of 1 or more individuals-- (A) to investigate drug-related or violent crime in and around the real property comprising housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); and (B) to provide evidence relating to such crime in any administrative or judicial proceeding; (5) the provision of training, communications equipment, and other related equipment for use by voluntary tenant patrols acting in cooperation with law enforcement officials; (6) programs designed to reduce use of drugs in and around housing communities funded under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), including drug-abuse prevention, intervention, referral, and treatment programs; (7) providing funding to nonprofit resident management corporations and resident councils to develop security and drug abuse prevention programs involving site residents; (8) sports programs and sports activities that serve primarily youths from housing communities funded through and are operated in conjunction with, or in furtherance of, an organized program or plan designed to reduce or eliminate drugs and drug-related problems in and around those communities; and (9) other programs for youth in school settings that address drug prevention and positive alternatives for youth, including education and activities related to science, technology, engineering, and math. (d) Applications.-- (1) In general.--To receive a grant under this subsection, an eligible applicant shall submit an application to the Secretary, at such time, in such manner, and accompanied by-- (A) a plan for addressing the problem of drug-related or violent crime in and around of the housing administered or owned by the applicant for which the application is being submitted; and (B) such additional information as the Secretary may reasonably require. (2) Criteria.--The Secretary shall approve applications submitted under paragraph (1) on the basis of thresholds or criteria such as-- (A) the extent of the drug-related or violent crime problem in and around the housing or projects proposed for assistance; (B) the quality of the plan to address the crime problem in the housing or projects proposed for assistance, including the extent to which the plan includes initiatives that can be sustained over a period of several years; (C) the capability of the applicant to carry out the plan; and (D) the extent to which tenants, the Tribal government, and the Tribal community support and participate in the design and implementation of the activities proposed to be funded under the application. (e) High Intensity Drug Trafficking Areas.--In evaluating the extent of the drug-related crime problem pursuant to subsection (d)(2), the Secretary may consider whether housing or projects proposed for assistance are located in a high intensity drug trafficking area designated pursuant to section 707(b) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706(b)). (f) Reports.-- (1) Grantee reports.--The Secretary shall require grantees under this section to provide periodic reports that include the obligation and expenditure of grant funds, the progress made by the grantee in implementing the plan described in subsection (d)(1)(A), and any change in the incidence of drug-related crime in projects assisted under section. (2) HUD reports.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the system used to distribute funding to grantees under this section, which shall include descriptions of-- (A) the methodology used to distribute amounts made available under this section; and (B) actions taken by the Secretary to ensure that amounts made available under section are not used to fund baseline local government services, as described in subsection (h)(2). (g) Notice of Funding Awards.--The Secretary shall publish on the website of the Department a notice of all grant awards made pursuant to section, which shall identify the grantees and the amount of the grants. (h) Monitoring.-- (1) In general.--The Secretary shall audit and monitor the program funded under this subsection to ensure that assistance provided under this subsection is administered in accordance with the provisions of section. (2) Prohibition of funding baseline services.-- (A) In general.--Amounts provided under this section may not be used to reimburse or support any local law enforcement agency or unit of general local government for the provision of services that are included in the baseline of services required to be provided by any such entity pursuant to a local cooperative agreement pursuant under the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) or any provision of an annual contributions contract for payments in lieu of taxation with the Bureau of Indian Affairs. (B) Description.--Each grantee under this section shall describe, in the report under subsection (f)(1), such baseline of services for the unit of Tribal government in which the jurisdiction of the grantee is located. (3) Enforcement.--The Secretary shall provide for the effective enforcement of this section, as specified in the program requirements published in a notice by the Secretary, which may include-- (A) the use of on-site monitoring, independent public audit requirements, certification by Tribal or Federal law enforcement or Tribal government officials regarding the performance of baseline services referred to in paragraph (2); (B) entering into agreements with the Attorney General to achieve compliance, and verification of compliance, with the provisions of this section; and (C) adopting enforcement authority that is substantially similar to the authority provided to the Secretary under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) (i) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each fiscal years 2023 through 2033 to carry out this section. SEC. 323. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN VETERANS. Section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the following: ``(E) Indian veterans housing rental assistance program.-- ``(i) Definitions.--In this subparagraph: ``(I) Eligible indian veteran.--The term `eligible Indian veteran' means an Indian veteran who is-- ``(aa) homeless or at risk of homelessness; and ``(bb) living-- ``(AA) on or near a reservation; or [[Page S9654]] ``(BB) in or near any other Indian area. ``(II) Eligible recipient.--The term `eligible recipient' means a recipient eligible to receive a grant under section 101 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4111). ``(III) Indian; indian area.--The terms `Indian' and `Indian area' have the meanings given those terms in section 4 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4103). ``(IV) Indian veteran.--The term `Indian veteran' means an Indian who is a veteran. ``(V) Program.--The term `Program' means the Tribal HUD- VASH program carried out under clause (ii). ``(VI) Tribal organization.--The term `tribal organization' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ``(ii) Program specifications.--The Secretary shall use not less than 5 percent of the amounts made available for rental assistance under this paragraph to carry out a rental assistance and supported housing program, to be known as the `Tribal HUD-VASH program', in conjunction with the Secretary of Veterans Affairs, by awarding grants for the benefit of eligible Indian veterans. ``(iii) Model.-- ``(I) In general.--Except as provided in subclause (II), the Secretary shall model the Program on the rental assistance and supported housing program authorized under subparagraph (A) and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs. ``(II) Exceptions.-- ``(aa) Secretary of housing and urban development.--After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans. ``(bb) Secretary of veterans affairs.--After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary of Veterans Affairs may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans. ``(iv) Eligible recipients.--The Secretary shall make amounts for rental assistance and associated administrative costs under the Program available in the form of grants to eligible recipients. ``(v) Funding criteria.--The Secretary shall award grants under the Program based on-- ``(I) need; ``(II) administrative capacity; and ``(III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs. ``(vi) Administration.--Grants awarded under the Program shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), except that recipients shall-- ``(I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the utilization of rental assistance provided under the Program; and ``(II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the Program in serving eligible Indian veterans. ``(vii) Consultation.-- ``(I) Grant recipients; tribal organizations.--The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with eligible recipients and any other appropriate tribal organization on the design of the Program to ensure the effective delivery of rental assistance and supportive services to eligible Indian veterans under the Program. ``(II) Indian health service.--The Director of the Indian Health Service shall provide any assistance requested by the Secretary or the Secretary of Veterans Affairs in carrying out the Program. ``(viii) Waiver.-- ``(I) In general.--Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under the Program if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance under the Program to eligible Indian veterans. ``(II) Exception.--The Secretary may not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment. ``(ix) Renewal grants.--The Secretary may-- ``(I) set aside, from amounts made available for tenant- based rental assistance under this subsection and without regard to the amounts used for new grants under clause (ii), such amounts as may be necessary to award renewal grants to eligible recipients that received a grant under the Program in a previous year; and ``(II) specify criteria that an eligible recipient must satisfy to receive a renewal grant under subclause (I), including providing data on how the eligible recipient used the amounts of any grant previously received under the Program. ``(x) Reporting.-- ``(I) In general.--Not later than 1 year after the date of enactment of this subparagraph, and every 5 years thereafter, the Secretary, in coordination with the Secretary of Veterans Affairs and the Director of the Indian Health Service, shall-- ``(aa) conduct a review of the implementation of the Program, including any factors that may have limited its success; and ``(bb) submit a report describing the results of the review under item (aa) to-- ``(AA) the Committee on Indian Affairs, the Committee on Banking, Housing, and Urban Affairs, the Committee on Veterans' Affairs, and the Committee on Appropriations of the Senate; and ``(BB) the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources, the Committee on Financial Services, the Committee on Veterans' Affairs, and the Committee on Appropriations of the House of Representatives. ``(II) Analysis of housing stock limitation.--The Secretary shall include in the initial report submitted under subclause (I) a description of-- ``(aa) any regulations governing the use of formula current assisted stock (as defined in section 1000.314 of title 24, Code of Federal Regulations (or any successor regulation)) within the Program; ``(bb) the number of recipients of grants under the Program that have reported the regulations described in item (aa) as a barrier to implementation of the Program; and ``(cc) proposed alternative legislation or regulations developed by the Secretary in consultation with recipients of grants under the Program to allow the use of formula current assisted stock within the Program.''. SEC. 324. LEVERAGING. All funds provided under a grant made pursuant to this title or the amendments made by this title may be used for purposes of meeting matching or cost participation requirements under any other Federal or non-Federal program, provided that such grants made pursuant to the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) are spent in accordance with that Act. TITLE IV--URBAN INDIAN HEALTH CONFER ACT SEC. 401. SHORT TITLE. This title may be cited as the ``Urban Indian Health Confer Act''. SEC. 402. URBAN INDIAN ORGANIZATION CONFER POLICY. Section 514(b) of the Indian Health Care Improvement Act (25 U.S.C. 1660d) is amended to read as follows: ``(b) Requirement.--The Secretary shall ensure that the Service and the other agencies and offices of the Department confer, to the maximum extent practicable, with urban Indian organizations in carrying out-- ``(1) this Act; and ``(2) other provisions of law relating to Indian health care.''. TITLE V--TECHNICAL CORRECTION TO THE SHOSHONE-PAIUTE TRIBES OF THE DUCK VALLEY RESERVATION WATER RIGHTS SETTLEMENT ACT OF 2022 SEC. 501. SHORT TITLE. This title may be cited as the ``Technical Correction to the Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act of 2022''. SEC. 502. AUTHORIZATION OF PAYMENT OF ADJUSTED INTEREST ON DEVELOPMENT FUND. Section 10807(b)(3) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1409) is amended-- (1) by striking ``There is'' and inserting the following: ``(A) In general.--There is''; and (2) by adding at the end the following: ``(B) Adjusted interest payments.--There is authorized to be appropriated to the Secretary for deposit into the Development Fund $5,124,902.12.''. TITLE VI--NATIVE AMERICAN CHILD PROTECTION ACT SEC. 601. SHORT TITLE. This title may be cited as the ``Native American Child Protection Act''. SEC. 602. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT AMENDMENTS. The Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3202 et seq.) is amended as follows: (1) By amending section 403(3)(A) (25 U.S.C. 3202(3)(A)) to read as follows: ``(A) in any case in which-- ``(i)(I) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling; and ``(II) such condition is not justifiably explained or may not be the product of an accidental occurrence; or ``(ii) a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution;''. (2) In section 409 (25 U.S.C. 3208)-- (A) in subsection (a)-- (i) by striking ``The Secretary of Health and Human Services, acting through the Service and in cooperation with the Bureau'' and inserting ``The Service, in cooperation with the Bureau''; and (ii) by striking ``sexual abuse'' and inserting ``abuse or neglect''; (B) in subsection (b) through the end of the section, by striking ``Secretary of Health and Human Services'' each place it appears and inserting ``Service''; [[Page S9655]] (C) in subsection (b)(1), by inserting after ``Any Indian tribe or intertribal consortium'' the following: ``, on its own or in partnership with an urban Indian organization,''; (D) in subsections (b)(2)(B) and (d), by striking ``such Secretary'' each place it appears and inserting ``the Service''; (E) by amending subsection (c) to read as follows: ``(c) Culturally Appropriate Treatment.--In awarding grants under this section, the Service shall encourage the use of culturally appropriate treatment services and programs that respond to the unique cultural values, customs, and traditions of applicant Indian Tribes.''; (F) in subsection (d)(2), by striking ``the Secretary'' and inserting ``the Service''; (G) by redesignating subsection (e) as subsection (f); (H) by inserting after subsection (d) the following: ``(e) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Service shall submit a report to Congress on the award of grants under this section. The report shall contain-- ``(1) a description of treatment and services for which grantees have used funds awarded under this section; and ``(2) any other information that the Service requires.''; and (I) by amending subsection (f) (as so redesignated by subparagraph (G) of this paragraph), to read as follows: ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2023 through 2028.''. (3) In section 410 (25 U.S.C. 3209)-- (A) in the heading-- (i) by inserting ``national'' before ``indian''; and (ii) by striking ``centers'' and inserting ``center''; (B) by amending subsections (a) and (b) to read as follows: ``(a) Establishment.--Not later than 1 year after the date of the enactment of the Native American Child Protection Act, the Secretary shall establish a National Indian Child Resource and Family Services Center. ``(b) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Secretary of the Interior, acting through the Bureau of Indian Affairs, shall submit a report to Congress on the status of the National Indian Child Resource and Family Services Center.''; (C) in subsection (c)-- (i) by striking ``Each'' and inserting ``The''; and (ii) by striking ``multidisciplinary''; (D) in subsection (d)-- (i) in the text before paragraph (1), by striking ``Each'' and inserting ``The''; (ii) in paragraph (1), by striking ``and inter-tribal consortia'' and inserting ``inter-tribal consortia, and urban Indian organizations''; (iii) in paragraph (2), by inserting ``urban Indian organizations,'' after ``tribal organizations,''; (iv) in paragraph (3)-- (I) by inserting ``and technical assistance'' after training; and (II) by striking ``and to tribal organizations'' and inserting ``, Tribal organizations, and urban Indian organizations''; (v) in paragraph (4)-- (I) by inserting ``, State,'' after ``Federal''; and (II) by striking ``and tribal'' and inserting ``Tribal, and urban Indian''; and (vi) by amending paragraph (5) to read as follows: ``(5) develop model intergovernmental agreements between Tribes and States, and other materials that provide examples of how Federal, State, and Tribal governments can develop effective relationships and provide for maximum cooperation in the furtherance of prevention, investigation, treatment, and prosecution of incidents of family violence and child abuse and child neglect involving Indian children and families.''; and (E) in subsection (e)-- (i) in the heading, by striking ``Multidisciplinary Team'' and inserting ``Team''; (ii) in the text before paragraph (1), by striking ``Each multidisciplinary'' and inserting ``The''; and (F) by amending subsections (f), (g), and (h) to read as follows: ``(f) Center Advisory Board.--The Secretary shall establish an advisory board to advise and assist the National Indian Child Resource and Family Services Center in carrying out its activities under this section. The advisory board shall consist of 12 members appointed by the Secretary from Indian Tribes, Tribal organizations, and urban Indian organizations with expertise in child abuse and child neglect. Members shall serve without compensation, but may be reimbursed for travel and other expenses while carrying out the duties of the board. The advisory board shall assist the Center in coordinating programs, identifying training and technical assistance materials, and developing intergovernmental agreements relating to family violence, child abuse, and child neglect. ``(g) Application of Indian Self-Determination Act to the Center.--The National Indian Child Resource and Family Services Center shall be subject to the provisions of the Indian Self-Determination Act. The Secretary may also contract for the operation of the Center with a nonprofit Indian organization governed by an Indian-controlled board of directors that have substantial experience in child abuse, child neglect, and family violence involving Indian children and families. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2023 through 2028.''. (4) In section 411 (25 U.S.C. 3210)-- (A) in subsection (d)-- (i) in paragraph (1)-- (I) in subparagraph (A), by striking ``abuse and child neglect'' and inserting ``abuse, neglect, or both''; (II) in subparagraph (B), by striking ``and'' at the end; and (III) by inserting after subparagraph (C), the following: ``(D) development of agreements between Tribes, States, or private agencies on the coordination of child abuse and neglect prevention, investigation, and treatment services; ``(E) child protective services operational costs including transportation, risk and protective factors assessments, family engagement and kinship navigator services, and relative searches, criminal background checks for prospective placements, and home studies; and ``(F) development of a Tribal child protection or multidisciplinary team to assist in the prevention and investigation of child abuse and neglect;''; (ii) in paragraph (2)-- (I) in subparagraph (A), by inserting ``in culturally appropriate ways'' after ``incidents of family violence''; and (II) in subparagraph (C), by inserting ``that may include culturally appropriate programs'' after ``training programs''; and (iii) in paragraph (3)-- (I) in subparagraph (A), by inserting ``and neglect'' after ``abuse''; and (II) in subparagraph (B), by striking ``cases, to the extent practicable,'' and inserting ``and neglect cases''; (B) in subsection (f)-- (i) in paragraph (2), by striking ``develop, in consultation with Indian tribes, appropriate caseload standards and staffing requirements which are comparable to standards developed by the National Association of Social Work, the Child Welfare League of America and other professional associations in the field of social work and child welfare'' and inserting ``develop, not later than one year after the date of the enactment of the Native American Child Protection Act, in consultation with Indian Tribes, appropriate caseload standards and staffing requirements''; (ii) in paragraph (3)(D), by striking ``sexual abuse'' and inserting ``abuse and neglect, high incidence of family violence''; (iii) by amending paragraph (4) to read as follows: ``(4) The formula established pursuant to this subsection shall provide funding necessary to support not less than one child protective services or family violence caseworker, including fringe benefits and support costs, for each Indian Tribe.''; and (iv) in paragraph (5), by striking ``tribes'' and inserting ``Indian Tribes''; (C) by amending subsection (g) to read as follows: ``(g) Report.--Not later than 2 years after the date of the enactment of the Native American Child Protection Act, the Secretary of the Interior, acting through the Bureau of Indian Affairs, shall submit a report to Congress on the award of grants under this section. The report shall contain-- ``(1) a description of treatment and services for which grantees have used funds awarded under this section; and ``(2) any other information that the Secretary of the Interior requires.''; and (D) by amending subsection (i) to read as follows: ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2023 through 2028.''. TITLE VII--NATIVE AMERICAN DIRECT LOAN IMPROVEMENT ACT SEC. 701. SHORT TITLE. This title may be cited as the ``Native American Direct Loan Improvement Act''. SEC. 702. IMPROVEMENTS TO PROGRAM FOR DIRECT HOUSING LOANS MADE TO NATIVE AMERICAN VETERANS BY THE SECRETARY OF VETERANS AFFAIRS. (a) Direct Loans to Native American Veterans To Refinance Existing Mortgage Loans.--Section 3762(h)(1) of title 38, United States Code, is amended by inserting ``and existing mortgage loans'' after ``section''. (b) Expansion of Outreach Program on Availability of Direct Housing Loans for Native American Veterans.--Section 3762(i)(2) of such title is amended by adding at the end the following new subparagraph: ``(G) Awarding grants to local service providers, such as tribal organizations, tribally designated housing entities, Native community development financial institutions, and nonprofit organizations, for conducting outreach, homebuyer education, housing counseling, risk mitigation, and other technical assistance as needed to assist Native American veterans seeking to qualify for mortgage financing.''. (c) Definitions.--Section 3765 of such title is amended by adding at the end the following new paragraphs: ``(6) The term `community development financial institution' has the meaning given [[Page S9656]] that term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702). ``(7) The term `Native community development financial institution' means any entity-- ``(A) that has been certified as a community development financial institution by the Secretary of the Treasury; ``(B) that is not less than 50 percent owned or controlled by Indians, Alaska natives, or native Hawaiians; and ``(C) for which not less than 50 percent of the activities of the entity serve Indians, Alaska natives, or native Hawaiians. ``(8) The term `tribally designated housing entity' has the meaning given that term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).''. SEC. 703. PILOT PROGRAM ON RELENDING OF DIRECT HOUSING LOANS BY NATIVE COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS. (a) Definitions.--In this section-- (1) the term ``Alaska Native'' has the meaning given the term ``Native'' in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)); (2) the term ``community development financial institution'' has the meaning given the term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702); (3) the term ``Indian Tribe'' has the meaning given the term ``Indian tribe'' in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103); (4) the term ``Native American veteran'' has the meaning given the term in section 3765 of title 38, United States Code; (5) the term ``Native community development financial institution'' means an entity-- (A) that has been certified as a community development financial institution by the Secretary of the Treasury; (B) that is not less than 50 percent owned or controlled by members of Indian Tribes, Alaska Native communities, or Native Hawaiian communities; and (C) for which not less than 50 percent of the activities of the entity serve Indian Tribes, Alaska Native communities, or Native Hawaiian communities; (6) the term ``Native Hawaiian'' has the meaning given the term in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221); (7) the term ``pilot program'' means the pilot program carried out under this section; (8) the term ``priority Tribal land'' means-- (A) any land located within the boundaries of-- (i) an Indian reservation, pueblo, or rancheria; or (ii) a former reservation within Oklahoma; (B) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held-- (i) in trust by the United States for the benefit of an Indian Tribe or an individual Indian; (ii) by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (iii) by a dependent Indian community; (C) any land located within a region established pursuant to section 7(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(a)); (D) Hawaiian Home Lands, as defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221); or (E) those areas or communities designated by the Assistant Secretary of Indian Affairs of the Department of the Interior that are near, adjacent, or contiguous to reservations where financial assistance and social service programs are provided to Indians because of their status as Indians; and (9) the term ``qualified non-Native American veteran'' has the meaning given the term in section 3765 of title 38, United States Code. (b) Establishment.--The Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of making direct housing loans to Native community development financial institutions to allow such institutions to relend loan amounts to qualified Native American veterans and qualified non-Native American veterans. (c) Application Requirements.--A Native community development financial institution desiring a loan under the pilot program shall demonstrate that the institution-- (1) can provide the non-Federal cost share required under paragraph (6); and (2) is able to originate and service loans for single family homes. (d) Lending Requirements.--A Native community development financial institution that receives a loan pursuant to the pilot program shall-- (1) use those amounts to make loans to borrowers who-- (A) are members of an Indian Tribe, an Alaska Native community, or a Native Hawaiian community; or (B) maintain a household in which not less 1 member is a member of an Indian Tribe, an Alaska Native community, or a Native Hawaiian community; and (2) in making loans under paragraph (1), give priority to borrowers described in that paragraph who are residing on priority Tribal land. (e) Interest Rate.--A loan made to a Native community development financial institution under the pilot program shall bear interest at a rate of 1 percent. (f) Non-Federal Cost Share.-- (1) In general.--A Native community development financial institution that receives a loan under the pilot program shall be required to match not less than 20 percent of the amount received. (2) Waiver.--In the case of a loan for which amounts are used to make loans to borrowers described in subsection (d)(2), the Secretary shall waive the non-Federal cost share requirement described in paragraph (1) with respect to those loan amounts. (g) Repayment.--A Native community development financial institution shall repay a loan made under the pilot program to the Secretary of Veterans Affairs. (h) Funding.--Of amounts made available, for the fiscal year following the fiscal year in which this Act is enacted, for the program for direct housing loans for Native American veterans under subchapter V of chapter 37 of title 38, United States Code, the Secretary of Veterans Affairs may use $5,000,000 to carry out the pilot program. TITLE VIII--SILETZ RESERVATION ACT AMENDMENT SEC. 801. SILETZ RESERVATION ACT AMENDMENT. Section 4 of Public Law 96-340 (commonly known as the ``Siletz Reservation Act'') (96 Stat. 1074) is amended to read as follows: ``SEC. 4. HUNTING, FISHING, TRAPPING, AND ANIMAL GATHERING. ``(a) Definitions.--In this section: ``(1) Consent decree.--The term `Consent Decree' means the final judgment and decree of the United States District Court for the District of Oregon, in the action entitled `Confederated Tribes of Siletz Indians of Oregon against State of Oregon', entered on May 2, 1980. ``(2) Indian tribe.--The term `Indian Tribe' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). ``(3) Siletz agreement.--The term `Siletz Agreement' means the agreement entitled `Agreement Among the State of Oregon, the United States of America and the Confederated Tribes of the Siletz Indians of Oregon to Permanently Define Tribal Hunting, Fishing, Trapping, and Gathering Rights of the Siletz Tribe and its Members' and entered into by the United States on April 22, 1980. ``(b) Hunting, Fishing, Trapping, and Animal Gathering Agreements.-- ``(1) In general.--The Siletz Agreement shall remain in effect until and unless replaced, amended, or otherwise modified by 1 or more successor government-to-government agreements between the Confederated Tribes of Siletz Indians and the State of Oregon relating to the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of Siletz Indians. ``(2) Amendments.--The Siletz Agreement or any successor agreement entered into under paragraph (1) may be amended from time to time by mutual consent of the Confederated Tribes of Siletz Indians and the State of Oregon. ``(c) Judicial Review.--In any action brought in the United States District Court for the District of Oregon to rescind, overturn, modify, or provide relief under Federal law from the Consent Decree, the United States District Court for the District of Oregon shall review the application of the parties on the merits without regard to the defense of res judicata or collateral estoppel. ``(d) Effect.--Nothing in this section enlarges, confirms, adjudicates, affects, or modifies any treaty or other right of an Indian Tribe.''. TITLE IX--CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION LEASING AUTHORITY SEC. 901. CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION LEASING AUTHORITY. Subsection (a) of the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415(a)), is amended, in the second sentence, by inserting ``, land held in trust for the Confederated Tribes of the Chehalis Reservation'' after ``Crow Tribe of Montana''. TITLE X--AGUA CALIENTE LAND EXCHANGE FEE TO TRUST CONFIRMATION ACT SEC. 1001. SHORT TITLE. This title may be cited as the ``Agua Caliente Land Exchange Fee to Trust Confirmation Act''. SEC. 1002. LANDS TO BE TAKEN INTO TRUST. (a) In General.--The approximately 2,560 acres of land owned by the Agua Caliente Band of Cahuilla Indians generally depicted as ``Lands to be Taken into Trust'' on the map entitled ``Agua Caliente Band of Cahuilla Indians Land to be Taken into Trust'' and dated November 17, 2021, is hereby taken into trust by the United States for the benefit of the Agua Caliente Band of Cahuilla Indians. (b) Lands Part of Reservation.--Lands taken into trust by this section shall be part of the Tribe's reservation and shall be administered in accordance with the laws and regulations generally applicable to property held in trust by the United States for an Indian Tribe. (c) Gaming Prohibited.--Lands taken into trust by this section for the benefit of the [[Page S9657]] Agua Caliente Band of Cahuilla Indians shall not be eligible for gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). TITLE XI--NATIVE AMERICAN TOURISM GRANT PROGRAMS SEC. 1101. NATIVE AMERICAN TOURISM GRANT PROGRAMS. The Native American Tourism and Improving Visitor Experience Act (25 U.S.C. 4351 et seq.) is amended-- (1) by redesignating section 6 (25 U.S.C. 4355) as section 7; and (2) by inserting after section 5 (25 U.S.C. 4354) the following: ``SEC. 6. NATIVE AMERICAN TOURISM GRANT PROGRAMS. ``(a) Bureau of Indian Affairs Program.--The Director of the Bureau of Indian Affairs may make grants to and enter into agreements with Indian tribes and tribal organizations to carry out the purposes of this Act, as described in section 2. ``(b) Office of Native Hawaiian Relations.--The Director of the Office of Native Hawaiian Relations may make grants to and enter into agreements with Native Hawaiian organizations to carry out the purposes of this Act, as described in section 2. ``(c) Other Federal Agencies.--The heads of other Federal agencies, including the Secretaries of Commerce, Transportation, Agriculture, Health and Human Services, and Labor, may make grants under this authority to and enter into agreements with Indian tribes, tribal organizations, and Native Hawaiian organizations to carry out the purposes of this Act, as described in section 2. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.''. TITLE XII--EXTENSION OF, AND ADDITIONAL SUPPORT FOR THE ACTIVITIES OF, THE DEPARTMENT OF THE INTERIOR AND THE DEPARTMENT OF JUSTICE JOINT COMMISSION ON REDUCING VIOLENT CRIME AGAINST INDIANS SEC. 1201. EXTENSION OF, AND ADDITIONAL SUPPORT FOR THE ACTIVITIES OF, THE DEPARTMENT OF THE INTERIOR AND THE DEPARTMENT OF JUSTICE JOINT COMMISSION ON REDUCING VIOLENT CRIME AGAINST INDIANS. (a) Extension of Commission and Activities of the Commission.--Section 4 of the Not Invisible Act of 2019 (Public Law 116-166; 134 Stat. 767) is amended-- (1) in subsection (c)(2)(B), by striking ``18 months after the enactment'' and inserting ``36 months after the date of enactment''; and (2) in subsection (e), by striking ``2 years'' and inserting ``42 months''. (b) Additional Support for Activities of Commission.-- Section 4(b) of the Not Invisible Act of 2019 (Public Law 116-166; 134 Stat. 767) is amended-- (1) in the subsection heading, by inserting ``; Operation'' after ``Membership''; and (2) by adding at the end the following: ``(7) Funding.--The Secretary of the Interior and the Attorney General shall contribute the funds necessary for the operation of the Commission. ``(8) Gifts.--The Commission may accept and use gifts or donations of services or property from Indian tribes or Tribal entities, academic institutions, or other not-for- profit organizations as it considers necessary to carry out the duties of the Commission described in subsection (c).''. ______