(a) Short title.—This Act may be cited as the “Honoring Promises to Native Nations Act”.

(b) Table of contents.—The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Findings.
Sec. 4. Sense of Congress.
Sec. 5. Definitions.
Sec. 6. Advance appropriations.
Sec. 7. Sequestration exemption.
Sec. 8. Office of Management and Budget Office of Native Nations.
Sec. 9. GAO audit of crosscutting information.
Sec. 10. White House Council for Native Nations.
Sec. 11. Deputy Secretary for Native Nations in the Department of the Interior.
Sec. 12. Tribal consultation by Federal agencies.
Sec. 13. Interagency working group on data collection.

The purposes of this Act are—

(1) to acknowledge the chronic failure of the Federal Government—

(A) to fulfill its trust responsibilities to American Indians, Alaska Natives, and Indian tribes; and

(B) to respect its special political and legal relationship with Native Hawaiians;

(2) to acknowledge the treaty obligations of the Federal Government to American Indians, Alaska Natives, and Indian tribes, which have never been fulfilled;

(3) to ensure progress toward the fulfillment of trust and treaty obligations of the Federal Government;

(4) to ensure progress toward adequate funding for programs for American Indians, Alaska Natives, Native Hawaiians, and Indian tribes;

(5) to reaffirm and uphold Tribal sovereignty and self-governance; and

(6) to acknowledge the broken promises of the Federal Government to Indian tribes and Native Hawaiians, as embodied by—

(A) the failure to uphold treaty obligations;

(B) the failure to fund programs that should have been fully funded in exchange for the loss of life and indigenous homelands;

(C) the ceded land and stolen natural resources from Tribal lands; and

(D) the acts taken to extinguish Native American culture and the traditions of American Indians, Alaska Natives, and Native Hawaiians.

Congress finds that—

(1) in December 2018, the United States Commission on Civil Rights issued a report entitled “Broken Promises: Continuing Federal Funding Shortfall for Native Americans”, which made a number of important findings, which are related to the findings described in paragraphs (2) through (8);

(2) the unique government-to-government relationship between the Federal Government and Indian tribes, and the trust responsibility and obligations of the Federal Government to American Indians, Alaska Natives, and Indian tribes, are—

(A) enumerated in the United States Constitution, Acts of Congress, Executive orders, Supreme Court precedent, and Federal policies and regulations; and

(B) as applicable, established in Indian treaties signed by the United States;

(3) Congress has also passed more than 150 laws that promote the welfare of Native Hawaiians and affirm a special political and legal relationship with Native Hawaiians arising out of their status as Indigenous, Native people;

(4) Federal programs designed to support the social and economic well-being of American Indians, Alaska Natives, Native Hawaiians, and Indian tribes remain chronically underfunded and sometimes inefficiently structured, which—

(A) leaves many basic obligations of the Federal Government in rural and urban areas with large populations of Native Americans unmet; and

(B) contributes to the inequities observed in Native American communities;

(5) woefully inadequate Federal funding for Native American programs often comes with restrictions that hamper access to funds, including indirect allocations of Federal funding to State governments to be provided to Tribal governments and Native American communities at the State’s discretion, which further diminishes the direct government-to-government relationship between the Federal Government and Indian tribes and other funding mechanisms for Native American communities;

(6) Congress often provides funding for Native American programs in a manner that makes efficient long-term planning and budgeting impossible or exceedingly difficult for Tribal governments, tribal organizations, urban Indian organizations, and Native American communities;

(7) the Federal Government continues to fail to keep accurate, consistent, and comprehensive records of Federal spending for Native American programs, either for a given fiscal year or for longer time periods, making monitoring of Federal spending to meet the trust responsibility and obligations of the Federal Government difficult; and

(8) (A) the Federal Government continues to insufficiently track Native American populations and use outdated or incomplete data points, contributing to the lack of adequate funding provided for necessary resources;

(B) there is a critical need for more accurate and current data collection for American Indians, Alaska Natives, and Native Hawaiians, including disaggregated data on those populations; and

(C) inaccurate and undercounted data can negatively impact Federal funds and services received by American Indian, Alaska Native, and Native Hawaiian communities.

It is the sense of Congress that—

(1) Indian tribes are distinct sovereigns that have a government-to-government relationship with the Federal Government;

(2) (A) the Federal Government has trust and treaty obligations to Indian tribes that are established in treaties signed by the United States and enumerated in the Constitution of the United States, Acts of Congress, Executive orders, Supreme Court precedent, and Federal policies and regulations; and

(B) those treaties, like all treaties made under the authority of the United States, are the supreme law of the land, as recognized in article VI of the Constitution of the United States;

(3) (A) the Federal Government has historically failed to carry out its promises and trust and treaty obligations to American Indians, Alaska Natives, Indian tribes, and, as applicable, Native Hawaiians; and

(B) those failures—

(i) are ongoing, as the Federal Government continually fails to adequately support the social and economic well-being of American Indians, Alaska Natives, Native Hawaiians, and Indian tribes; and

(ii) have created a civil rights crisis;

(4) the historical failures of the Federal Government described in paragraph (3) include—

(A) federally mandated depopulation of Native Americans, including—

(i) numerous massacres carried out by the United States; and

(ii) the forced relocation efforts and genocide practices carried out by the United States;

(B) successive oppressive government policies, such as the allotment and assimilation, termination, and relocation eras;

(C) suppression, assimilation, and cultural annihilation practices carried out against the United States Indigenous peoples; and

(D) an ongoing failure to acknowledge that the lands that make up the United States are indigenous lands;

(5) the Federal Government must do far more to live up to its trust and treaty obligations to American Indians and Alaska Natives and Indian tribes, for just as the United States expects all nations to live up to their own treaty obligations, the United States should live up to its own promises;

(6) the Federal Government can empower American Indians, Alaska Natives, and Native Hawaiians to realize enormous potential by honoring its promises and obligations through the enactment of legislation; and

(7) American Indians, Alaska Natives, and Native Hawaiians have long demonstrated remarkable strength, resilience, and revitalization despite the broken promises of the Federal Government and failure to acknowledge their contributions to the United States.

In this Act:

(1) HAWAIIAN HOME LANDS.—The term “Hawaiian home lands” means land held in trust for Native Hawaiians by the State of Hawaii pursuant to the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, chapter 42).

(2) INDIAN COUNTRY.—The term “Indian country” has the meaning given the term in section 1151 of title 18, United States Code.

(3) INDIAN TRIBE.—The term “Indian tribe” means the governing body of any individually identified and federally recognized Indian or Alaska Native tribe, band, nation, pueblo, village, community, affiliated Tribal group, or component reservation included on the list published pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)).

(4) NATIVE HAWAIIAN ORGANIZATION.—

(A) IN GENERAL.—The term “Native Hawaiian organization” means any private nonprofit entity—

(i) that serves the best interests of Native Hawaiians;

(ii) in which Native Hawaiians serve in substantive and policymaking positions;

(iii) that has as a primary and stated purpose the provision of services to Native Hawaiians; and

(iv) that has expertise in Native Hawaiian affairs.

(B) INCLUSIONS.—The term “Native Hawaiian organization” includes—

(i) the Native Hawaiian Health Care System; and

(ii) the Office of Hawaiian Affairs.

(5) TRIBAL LANDS.—

(A) IN GENERAL.—The term “Tribal lands” has the meaning given the term in section 73.7000 of title 47, Code of Federal Regulations (as in effect on the date of enactment of this Act).

(B) INCLUSIONS.—The term “Tribal lands” includes—

(i) Indian country;

(ii) fee simple and restricted fee land held by an Indian tribe; and

(iii) Hawaiian home lands.

(6) 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).

(7) URBAN INDIAN ORGANIZATION.—The term “urban Indian organization” has the meaning given the term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).

(a) Advance appropriations.—

(1) DEFINITIONS.—In this subsection:

(A) APPLICABLE SECRETARY.—The term “applicable Secretary” means—

(i) with respect to actions involving the covered accounts described in subparagraph (B)(i), the Secretary of the Interior; and

(ii) with respect to actions involving the covered accounts described in subparagraph (B)(ii), the Secretary of Health and Human Services.

(B) COVERED ACCOUNT.—The term “covered account” means the following:

(i) The following accounts of the Department of the Interior:

(I) Operation of Indian Programs.

(II) Operation of Indian Education Programs.

(III) Contract Support Costs.

(IV) Payments for Tribal Leases.

(V) Bureau of Indian Affairs Construction.

(VI) Bureau of Indian Education Construction.

(VII) Indian Guaranteed Loan Program Account.

(ii) The Indian Health Service account of the Department of Health and Human Services.

(iii) The Native Hawaiian Health Care account of the Primary Health Care account of the Health Resources and Services Administration of the Department of Health and Human Services that provides annual appropriations to the Native Hawaiian Health care program.

(C) UNFUNDED FISCAL YEAR.—The term “unfunded fiscal year”, with respect to a covered account, means a fiscal year for which amounts are not made available under this Act for the covered account.

(2) ADVANCE APPROPRIATIONS.—For the first unfunded fiscal year with respect to a covered account, and each fiscal year thereafter, new budget authority provided in an appropriation Act for the covered account shall—

(A) be made available for that fiscal year; and

(B) include, for the covered account, advance new budget authority that first becomes available for the first fiscal year after the fiscal year described in subparagraph (A).

(3) ESTIMATES REQUIRED.—If the fiscal year for which the budget of the President is submitted pursuant to section 1105 of title 31, United States Code, is an unfunded fiscal year with respect to a covered account, the applicable Secretary shall include in documents submitted to Congress in support of the budget detailed estimates of the funds necessary for the covered account for the fiscal year following the fiscal year for which the budget is submitted.

(b) Information on appropriations estimates.—Section 1105(a) of title 31, United States Code, is amended by adding at the end the following:

“(40) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for each covered account for which the fiscal year for which the budget is submitted is an unfunded fiscal year, as such terms are defined in section 6(a) of the Honoring Promises to Native Nations Act.”.

(a) In general.—Section 255 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905) is amended—

(1) by redesignating subsection (k) as subsection (l); and

(2) by inserting after subsection (j) the following:

“(k) Indian Health Service and other Indian programs and accounts.—The following programs and accounts shall be exempt from reduction under any order issued under this part:

“ United States Department of the Interior, Indian Affairs.

“ United States Department of Health and Human Services, Indian Health Service.

“ Native Hawaiian Health Care Program.

“ Native Hawaiian Education Program.

“ Alaska Native Education Program.

“ Indian Education Program.

“ All programs under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.).

“ Any account for which amounts were made available under the Honoring Promises to Native Nations Act.

“ Any account designated as significant to Indian Tribes and Native Hawaiian organizations by the Administrator of the Office of Native Nations in the Office of Management and Budget under section 8 of the Honoring Promises to Native Nations Act”..”.

(b) Technical and conforming amendment.—Section 256(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 906(e)) is amended—

(1) in the subsection heading, by striking “Indian Health Services and Facilities,”; and

(2) in paragraph (2)—

(A) by striking subparagraphs (C) and (D); and

(B) by redesignating subparagraph (E) as subparagraph (C).

(a) Establishment.—There is established in the Office of Management and Budget the Office of Native Nations.

(b) Administrator.—

(1) IN GENERAL.—The Office of Native Nations shall be headed by an Administrator, who shall be known as the Administrator of Native Nations (referred to in this section as the “Administrator”).

(2) CAREER POSITION.—The position of Administrator shall be a career position in the Office of the Director of Management and Budget.

(3) ADMINISTRATIVE AND SUPPORT SERVICES.—The Director of the Office of Management and Budget shall provide the Administrator with such administrative and support services as are necessary to ensure that the Administrator carries out the duties of the Administrator under this section in an efficient and expeditious manner.

(c) Duties.—The Director of the Office of Management and Budget shall delegate to the Administrator responsibility for—

(1) coordinating with the rest of the Office of Management and Budget and the rest of the Executive branch on matters of funding for Federal programs and policy affecting American Indians, Alaska Natives, and Native Hawaiians;

(2) compiling authoritative data on all Federal funding for Federal programs affecting American Indians, Alaska Natives, and Native Hawaiians;

(3) ensuring that the budget requests of the Indian Health Service and the Bureau of Indian Affairs indicate—

(A) how much Federal funding is needed for Federal programs affecting American Indians, Alaska Natives, and Native Hawaiians to be fully funded, including how much funding is needed to perform Federal or non-divisible duties; and

(B) how far the Federal Government is from achieving that full funding;

(4) ensuring that personnel from the Office of Native Nations accompany Office of Management and Budget examiners to meetings with Federal agencies during the budget development process;

(5) issuing to Federal agencies budget development guidance that would fully fund Federal programs affecting American Indians, Alaska Natives, and Native Hawaiians; and

(6) carrying out the additional responsibilities described in subsections (d) through (g).

(d) Annual crosscutting document.—

(1) IN GENERAL.—Each fiscal year, the Administrator shall prepare a crosscutting document containing detailed information, based on data from all Federal agencies, on the amount of Federal funding that is reaching Indian tribes, tribal organizations, Native Hawaiian organizations, and urban Indian organizations, which data shall be provided by the Federal agencies at the most granular level practicable.

(2) REQUIREMENTS.—The document prepared under paragraph (1) shall—

(A) be provided at the most granular level practicable, including with respect to the allocation of Federal funds that are set aside for Indian tribes, tribal organizations, Native Hawaiian organizations, and urban Indian organizations;

(B) indicate how funding is obligated, such as by grant or by formula;

(C) indicate any determinative factors that are used to award an Indian tribe, tribal organization, or urban Indian organization competitive grant funding in cases in which multiple Indian tribes, tribal organizations, and urban Indian organizations are competing for the same pool of funds;

(D) indicate the amount of Federal funds that are allocated to State governments to subsequently provide—

(i) Federal funding to Indian tribes, tribal organizations, Native Hawaiian organizations, or urban Indian organizations, including whether the provision of the Federal funding by each State is mandatory or discretionary; and

(ii) services for the benefit of Indian tribes, tribal organizations, Native Hawaiian organizations, or urban Indian organizations; and

(E) specify—

(i) whether Indian tribes, tribal organizations, Native Hawaiian organizations, and urban Indian organizations are competing against States or units of local government for competitive grant funding;

(ii) how much pass-through funding is allocated to Indian tribes;

(iii) how much pass-through funding is successfully transferred to Indian tribes after Federal funds are allocated to Indian tribes; and

(iv) (I) whether the grant funding received by Indian tribes, tribal organizations, Native Hawaiian organizations, and urban Indian organizations is allocated from the same pool of funds from which States and units of local government receive grant funding; and

(II) if so, what percentage of the pool of the allocated funds were disbursed to the Indian tribes, tribal organizations, Native Hawaiian organizations, and urban Indian organizations.

(3) ANNUAL IMPROVEMENT PROCESS.—In accordance with the Tribal consultation policy developed pursuant to subsection (f), the Administrator shall consult with Indian tribes, collaborate with Native Hawaiian organizations, and confer with urban Indian organizations not less frequently than annually to ascertain how the document prepared under paragraph (1) can be modified to make the document more useful to Indian tribes, Native Hawaiian organizations, and urban Indian organizations.

(4) PUBLIC AVAILABILITY.—The document prepared under paragraph (1) shall be made publicly available.

(e) Addition to OMB Analytical Perspectives volume of budget.—The Administrator shall ensure that the Analytical Perspectives volume prepared by the Office of Management and Budget for the budget of the President each fiscal year includes provisions on the subject of aid to Tribal governments, which shall include the information contained in the annual crosscutting document required under subsection (d) for that fiscal year.

(f) OMB Tribal consultation policy.—

(1) IN GENERAL.—The Administrator, in consultation with Indian tribes and in collaboration with Native Hawaiian organizations, shall develop a Tribal consultation policy applicable to the Office of Management and Budget that governs—

(A) the interactions of the Office of Management and Budget with Indian tribes and Native Hawaiian organizations; and

(B) the work of the Office of Management and Budget that has an impact on Indian tribes and Native Hawaiian organizations.

(2) APPROVAL.—

(A) IN GENERAL.—The Tribal consultation policy developed under paragraph (1) shall take effect only on the approval of the Director of the Office of Management and Budget.

(B) DEADLINE.—Not later than 30 days after receipt of the Tribal consultation policy developed under paragraph (1), the Director of the Office of Management and Budget shall approve or disapprove the Tribal consultation policy.

(g) Report.—Not later than 1 year after the date of enactment of this Act, the Administrator shall publish a report—

(1) detailing what percentage of Federal funding for programs affecting American Indians, Alaska Natives, and Native Hawaiians is provided to States for pass-through funding to Indian tribes; and

(2) presenting options for Congress and the Executive branch to ensure that funds received by States and local entities for the benefit of American Indians, Alaska Natives, and Native Hawaiians are used for the intended purpose of the funds, including options—

(A) to eliminate or reduce the prevalence of State pass-through funding; and

(B) instead to provide direct funding to Indian tribes and Native Hawaiian organizations.

(h) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $2,000,000 for fiscal year 2023 and each fiscal year thereafter.

(a) In general.—Not later than 1 year after the date on which the Administrator of Native Nations issues the first crosscutting document under section 8(d), and not less frequently than once every 3 years thereafter, the Comptroller General of the United States, in consultation with Indian tribes, in collaboration with Native Hawaiian organizations, and in conference with urban Indian organizations, shall conduct, and submit to Congress a report describing the results of, an audit of the extent to which the processes designed and implemented by the Administrator of Native Nations accurately produce the information contained in the crosscutting document.

(b) Inclusions.—Each audit conducted under subsection (a) shall review all Federal funding that is reaching, or is intended for the benefit of, Indian tribes, tribal organizations, urban Indian organizations, and Native Hawaiian organizations.

(a) In general.—The provisions of Executive Order 13647 (78 Fed. Reg. 39539 (July 1, 2013)) (as in effect on June 26, 2013) are enacted into law.

(b) Publication.—In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end an appendix setting forth the text of the Executive order referred to in subsection (a) (as in effect on June 26, 2013).

(c) Membership.—

(1) IN GENERAL.—The White House Council on Native American Affairs (as established pursuant to subsection (a)) (referred to in this section as the “Council”) shall be known as the “White House Council for Native Nations” and shall be composed of the following members:

(A) 2 members shall be appointed by the President from among elected Tribal leaders from each of the 12 regions of the Bureau of Indian Affairs.

(B) 2 members shall be appointed by the President from among persons who are representatives of Native Hawaiian organizations.

(C) 1 member shall be appointed by the President pro tempore of the Senate, on the recommendation of the Majority and Minority Leaders of the Senate, from among Members of the Committee on Indian Affairs of the Senate, which appointment shall be made, as applicable—

(i) for the first appointment, not later than 30 days after the date on which the first new Congress after the date of enactment of this Act convenes; and

(ii) for any vacancy, not later than 30 days after the date on which the position becomes vacant.

(D) 1 member shall be appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives, from among the Members of the Subcommittee for Indigenous Peoples of the United States of the Committee on Natural Resources of the House of Representatives, which appointment shall be made, as applicable—

(i) for the first appointment, not later than 30 days after the date on which the first new Congress after the date of enactment of this Act convenes; and

(ii) for any vacancy, not later than 30 days after the date on which the position becomes vacant.

(E) The members described in clauses (i) through (xxx) of section 3(a) of the Executive order referred to in subsection (a) (as in effect on June 26, 2013).

(F) 1 member from each of the following:

(i) The Office of the Deputy Secretary for Native Nations of the Department of the Interior.

(ii) The Office of the Assistant Secretary of Indian Affairs of the Department of the Interior.

(iii) The Office of Justice Services of the Bureau of Indian Affairs.

(iv) The Indian Health Service.

(v) The Office of Tribal Justice of the Department of Justice.

(vi) The Office of Justice Programs of the Department of Justice.

(vii) The Indian Resources Section of the Environment and Natural Resource Division of the Department of Justice.

(viii) The Administration for Native Americans of the Department of Health and Human Services.

(ix) The Office of Native Affairs and Policy of the Federal Communications Commission.

(x) The Federal Bureau of Investigation.

(xi) The Office on Violence Against Women of the Department of Justice.

(xii) The Office of Insular Affairs of the Department of the Interior.

(xiii) The Department of the Navy.

(xiv) The Department of the Army.

(xv) The Administration for Children and Families of the Department of Health and Human Services.

(xvi) The Health Resources and Services Administration for the Department of Health and Human Services.

(xvii) The Office of Public and Indian Housing of the Department of Housing and Urban Development.

(xviii) The Chair of the United States Commission on Civil Rights.

(xix) A Commissioner of the Federal Communications Commission.

(G) The heads of such other Executive departments, agencies, and offices as the Chairperson may from time to time designate.

(2) CHAIRPERSON.—The Secretary of the Interior shall serve as Chairperson of the Council.

(d) Additional subcommittees.—The Council shall establish the following additional subcommittees relating to Native American affairs:

(1) A subcommittee on sacred land.

(2) A subcommittee on children, youth, families, education, and housing.

(3) A subcommittee on health care, mental health care, and suicide prevention.

(4) A subcommittee on energy, economic development, and jobs.

(5) A subcommittee on law enforcement, Tribal justice systems, and jurisdiction.

(6) A subcommittee on environment.

(7) A subcommittee on connectivity, Tribal spectrum management, and affordable broadband.

(8) Such other subcommittees as the Council determines necessary.

(a) Establishment.—There is established in the Department of the Interior (referred to in this section as the “Department”) the position of Deputy Secretary for Native Nations, who shall—

(1) report immediately to the Secretary of the Interior; and

(2) be equal with the Deputy Secretary of the Interior.

(b) Duties.—The Secretary of the Interior shall delegate to the Deputy Secretary for Native Nations responsibility for—

(1) honoring Indian treaty obligations and the trust responsibility of the United States to American Indians and Alaska Natives, supporting self-determination, promoting self-sufficiency, and overseeing all affairs related to American Indians, Alaska Natives, Native Hawaiians, and Indian tribes under the jurisdiction of the Department;

(2) coordinating with Cabinet-level officials to ensure the effective provision of Federal support for Tribal self-government and programs for American Indians, Alaska Natives, Native Hawaiians, and Indian tribes and services under the Department; and

(3) implementing Indian treaties, statutes, regulations, Executive and Secretarial orders, programs, policies, and other powers related to American Indians, Alaska Natives, Native Hawaiians, and Indian tribes.

(c) Authority.—

(1) IN GENERAL.—The Deputy Secretary for Native Nations shall oversee the following offices and functions:

(A) Assistant Secretary for Indian Affairs.

(B) Bureau of Indian Affairs, including the Office of Justice Services.

(C) Bureau of Indian Education.

(D) Office of the Special Trustee for American Indians.

(E) Office of Self-Governance.

(2) ADDITIONAL AUTHORITY.—The Deputy Secretary for Native Nations shall coordinate the Native Nations affairs and activities of the White House Council on Native Nations for the President, Vice President, and Cabinet-level officials, subject to the immediate direction of the Secretary of the Interior.

(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Deputy Secretary for Native Nations to carry out the responsibilities of the Deputy Secretary for Native Nations under this section such sums as are necessary.

(a) Purposes.—The purposes of this section are—

(1) to enumerate a non-exhaustive set of principles to inform a codification of how Federal agencies should engage in meaningful and timely Tribal consultation;

(2) to underscore the importance of Tribal consultation in the fulfilment of the trust and treaty obligations of the Federal Government;

(3) to affirm Tribal consultation and the principle of free, prior, and informed consent as rights of Indian tribes, predicated on Tribal sovereignty and self-determination; and

(4) to affirm the need for the entire Federal Government to recognize the importance of “regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, to strengthen the United States government-to-government relationships with Indian tribes, and to reduce the imposition of unfunded mandates upon Indian tribes,” as quoted in Executive Order 13175 and elaborated in the Presidential Memorandum of January 26, 2021.

(b) Findings.—Congress finds that—

(1) as of January 2021, there existed more than 27 directives, handbooks, plans, policies, orders, and similar documents implementing various Tribal consultation policies, totaling more than 300 pages;

(2) the current lack of centralization in Federal agencies’ Tribal consultation policies results in a large number of policies with which Indian tribes are expected to be familiar in order to engage in consultation;

(3) the current lack of centralization in Federal agencies’ Tribal consultations—

(A) results in a number of challenges, including scheduling conflicts and unsustainable drains on the resources of Indian tribes and the time of Tribal leaders; and

(B) reflect a lack of respect for Tribal leaders;

(4) Federal agency consultation policies take dramatically different views on the purpose of Tribal consultation, resulting in significantly different experiences for Indian tribes attempting to engage in meaningful nation-to-nation dialogue; and

(5) history demonstrates that the Federal Government best serves Native American communities when Tribal governments are empowered to lead their own communities.

(c) Sense of Congress.—It is the sense of Congress that—

(1) consultation is a right between sovereigns, and the responsibilities and privileges associated with it cannot be delegated to other actors;

(2) the purpose of Tribal consultation should be for the Federal Government to obtain the free, prior, and informed consent of affected Indian tribes;

(3) Tribal consultation—

(A) is both a right of Indian tribes and a process;

(B) should occur when any Federal rulemaking, legislation, policy, guidance, operational activity, grant or funding formula change, or other action may have a substantial direct effect on Indian tribes;

(C) requires dialogue, which should often take place through formal face-to-face meetings, but may also occur through telephonic, electronic, or printed means;

(D) should be used to empower Tribal governments to lead their own communities;

(E) (i) should be a collaborative process;

(ii) should be built upon the exchange of information; and

(iii) should promote enhanced communication that emphasizes trust, respect, and shared responsibility;

(F) should involve individuals with decision-making authority; and

(G) in its current form is inadequate and requires far more from the Federal Government;

(4) the records resulting from consultations between the Federal Government and Tribal governments should be maintained and published, subject to the condition that sensitive Tribal information should be protected;

(5) for Tribal consultation to be effective, both Indian tribes and the Federal Government should have the capacity to engage effectively in the consultation process;

(6) any legislation or policy attempting to prescribe the conditions of Tribal consultation should be preceded by the gathering of Tribal input with the goal of reaching a consensus on the proposed legislation; and

(7) Indian tribes—

(A) should be involved in the Tribal consultation process on their request or as early as practicable;

(B) should have a meaningful remedy for violations of their right to Tribal consultation;

(C) should be entitled to a codified, formal dispute resolution process to provide the Indian tribes with a potential remedy when their rights as sovereigns are violated by the Federal Government; and

(D) should receive adequate notice, and sufficient information, about any Tribal consultation sessions.

(a) In general.—Not later 180 days after the date of enactment of this Act, the Deputy Secretary for Native Nations shall establish a working group, to be known as the “Interagency Working Group on Data Collection for Native Populations” (referred to in this section as the “Working Group”).

(b) Purposes.—The purposes of the Working Group are to develop and improve systems and methodologies for the collection of accurate and disaggregated data for American Indian, Alaska Native, and Native Hawaiian populations.

(c) Chairperson; membership.—

(1) IN GENERAL.—The Deputy Secretary for Native Nations shall serve as the Chairperson of the Working Group.

(2) MEMBERSHIP.—

(A) IN GENERAL.—After engaging in Tribal consultation, the Deputy Secretary for Native Nations, in collaboration with the Director of the Bureau of the Census, shall appoint the members of the Working Group in accordance with subparagraph (B).

(B) REQUIREMENTS.—In appointing members of the Working Group under subparagraph (A), the Deputy Secretary for Native Nations, in collaboration with the Director of the Bureau of the Census, shall include—

(i) Tribal leaders representing each of the 12 regions of the Bureau of Indian Affairs;

(ii) Tribal data experts;

(iii) representatives of urban Indian organizations;

(iv) representatives of Native Hawaiian organizations; and

(v) other members, as the Deputy Secretary determines to be necessary.

(d) Meetings.—The Working Group shall meet at the call of the Chairperson.

(e) Duties.—The duties of the Working Group shall be the following:

(1) Provide a public report at least every 2 years, and more often if the Working Group decides it is necessary, which shall be published on a publicly available website established by the Working Group, on the following:

(A) How to improve the quality and accuracy of data relied on by Federal agencies regarding American Indian, Alaska Native, and Native Hawaiian populations, including how to achieve appropriate disaggregation from other populations.

(B) Making recommendations to develop and improve systems and methodologies that Federal agencies can replicate for the collection of accurate data on the populations referred to in subparagraph (A).

(C) How to protect and uphold Tribal data sovereignty in the collection and use of the data described in subparagraph (B).

(2) To receive input from Indian tribes, tribal organizations, urban Indian organizations, Native Hawaiian organizations, and Federal agencies, on an ongoing basis, about instances in which the accuracy and quality of the data described in paragraph (1)(B) requires improvement, to research how to achieve those improvements, and to make recommendations based on the findings of that research.

(f) Report.—Not later than 1 year after the date of enactment of this Act, the Chairperson of the Working Group shall submit an initial report to the Committees on the Budget, Health, Education, Labor, and Pensions, and Indian Affairs of the Senate and the Committee on the Budget, the Subcommittee on Health of the Committee on Energy and Commerce, and the Subcommittee for Indigenous Peoples of the United States of the Committee on Natural Resources of the House of Representatives.

(g) Tribal consultation.—The Deputy Secretary for Native Nations, in collaboration with the Director of the Bureau of the Census, shall ensure that the Working Group engages in robust Tribal consultation with respect to the work of the Working Group.

(h) Tribal data sovereignty.—The Working Group shall conduct all its work respect for Tribal data sovereignty.

(i) Authorization of appropriations.—There are authorized to be appropriated such sums as may be necessary to carry out this section.

Congress finds that—

(1) Tribal law enforcement agencies in American Indian and Alaska Native communities have fewer officers per capita than other law enforcement agencies nationwide, leaving residents of Indian country and Alaska Native Villages less safe and subject to higher rates of crime;

(2) Native Americans are killed during police encounters at a higher rate than any other group;

(3) Native Americans suffer as victims of violent crime at a rate that is 2.5 times the national average;

(4) Native American women are 10 times more likely to be murdered and 2 times more likely to experience rape or experience sexual assault crimes;

(5) the criminal justice system in its current form creates structural barriers and fails to recognize Tribal sovereignty and inherent Tribal criminal jurisdiction on Tribal lands;

(6) some Indian tribes established Tribal courts before some State courts;

(7) for example, the Cherokee Nation opened its Supreme Court in 1822, 23 years before the State of Georgia opened its own Supreme Court;

(8) Indian tribes historically exercised criminal jurisdiction over non-Indians who committed crimes on Tribal lands;

(9) for example, in 1825, the Muscogee (Creek) Nation passed a law criminalizing rape against women on Creek lands, which applied to all “persons”, regardless of Tribal citizenship status, and the Muscogee (Creek) Nation prosecuted non-Indian and Indian men who raped women on Creek lands;

(10) the history of inadequate Federal funding for public safety on Tribal lands and complex legal jurisdiction on Tribal lands negatively impacts access to counsel in Tribal courts;

(11) in Oliphant v. Suquamish Indian Tribe, 435 U.S. 191, 212 (1978), the Supreme Court concluded that whether Indian tribes should “be authorized to try non-Indians” is a consideration “for Congress to weigh”;

(12) the Supreme Court recently affirmed this holding in June 2021, in United States v. Cooley, 141 S. Ct. 1638, 1643 (2021), concluding once again that “tribal authority remains subject to the plenary authority of Congress”;

(13) existing successful Federal and Tribal self-governance programs working to combat the inequities described in this section face chronic underfunding; and

(14) the special Tribal criminal jurisdiction exercised by Indian tribes pursuant to section 204 of Public Law 90–284 (25 U.S.C. 1304) (commonly known as the “Indian Civil Rights Act of 1968 ”) has been a success.

It is the sense of Congress that—

(1) Congress should provide more resources for public safety and other programs of the Department of Justice and the Bureau of Indian Affairs that make American Indian and Alaska Native communities safer;

(2) Congress should provide more resources for Tribal law enforcement agencies, Tribal courts, and Tribal detention centers to ensure Tribal sovereignty over public safety programs in Indian country and Alaska Native Villages;

(3) Indian tribes have the inherent sovereign authority to exercise full criminal jurisdiction over persons—

(A) within the sovereign territory of the Indian tribe; and

(B) who commit a violation of Tribal criminal law;

(4) the Supreme Court of the United States, in Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978), violated the inherent sovereign authority of Indian tribes by wrongly limiting tribal criminal jurisdiction and removing Tribal authority to prosecute non-Indians unless authorized by Congress;

(5) the limitation by the Supreme Court of the United States of inherent Tribal jurisdiction has effectively granted non-Indians immunity for crimes committed in Indian country and Alaska Native Villages, leading to violence and criminal activity by non-Indians and preventing Indian tribes from taking recourse;

(6) the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54) recognized and affirmed the inherent criminal jurisdiction of Indian tribes over non-Indians who commit crimes of domestic violence against Indians in Indian country;

(7) the Violence Against Women Reauthorization Act of 2022 (Public Law 117–103; 136 Stat. 840) recognized and affirmed the inherent criminal jurisdiction of Indian tribes over non-Indians who commit crimes of assaults on Tribal justice personnel, child violence, obstruction of justice, sexual violence, sex trafficking, and stalking;

(8) the jurisdiction of Indian tribes over the crimes described in paragraphs (6) and (7) is known as “special Tribal criminal jurisdiction”;

(9) the exercise of special Tribal criminal jurisdiction has allowed many Indian tribes to begin to address the crisis of violence against American Indian and Alaska Native women by holding offenders accountable and pursuing justice for victims;

(10) the Indian tribes that have chosen to implement special domestic violence criminal jurisdiction under the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54) have successfully upheld the rights of defendants under that Act and complied with the requirements of that Act, including due process protections, but this partial restoration of Tribal jurisdiction has proven insufficient to address the range of serious crimes committed by non-Indians in Indian country and Alaska Native Villages and in violation of Tribal criminal law, and as a result, a large number of violent crimes committed against Native victims go unprosecuted; and

(11) Congress has a trust duty and responsibility, stemming from both the treaties signed with Indian tribes and the Constitution of the United States, to fund and support strong Tribal governments, which necessarily includes the funding of Tribal courts, Tribal law enforcement, and victim services.

(a) In general.—Title II of Public Law 90–284 (25 U.S.C. 1301 et seq.) (commonly known as the “Indian Civil Rights Act of 1968”) is amended by adding at the end the following:

(b) Effective date; pilot project.—

(1) GENERAL EFFECTIVE DATE.—Except as provided in paragraph (2), subsections (b) through (d) of section 205 of Public Law 90–284 (commonly known as the “Indian Civil Rights Act of 1968”) shall take effect on the date that is 5 years after the date of enactment of this Act.

(2) PILOT PROJECT.—

(A) REQUESTS TO PARTICIPATE.—

(i) IN GENERAL.—Except as provided in subparagraph (B), at any time during the 5-year period beginning on the date of enactment of this Act, an Indian tribe (as defined in section 201 of Public Law 90–284 (25 U.S.C. 1301) (commonly known as the “Indian Civil Rights Act of 1968”)) may ask the Attorney General to designate the Indian tribe as a participating tribe under section 205 of Public Law 90–284 (commonly known as the “Indian Civil Rights Act of 1968”) on an accelerated basis.

(ii) PROCEDURE.—The Attorney General may grant a request under clause (i) after coordinating with the Secretary of the Interior, consulting with affected Indian tribes, and concluding that the criminal justice system of the requesting Indian tribe has adequate safeguards in place to protect the rights of defendants, consistent with section 205 of Public Law 90–284 (commonly known as the “Indian Civil Rights Act of 1968”).

(B) TRIBES EXERCISING SPECIAL DOMESTIC VIOLENCE CRIMINAL JURISDICTION.—

(i) IN GENERAL.—At any time during the 5-year period beginning on the date of enactment of this Act, a participating tribe (as defined in section 204(a) of Public Law 90–284 (25 U.S.C. 1304(a)) (commonly known as the “Indian Civil Rights Act of 1968”)) (referred to in this subparagraph as a “tribe”)—

(I) may elect to exercise full criminal jurisdiction under section 205 of that Act; and

(II) shall notify the Attorney General of such election.

(ii) PROCEDURE.—On notification by a tribe under clause (i)(II), the Attorney General shall designate the tribe as a participating tribe under section 205 of Public Law 90–284 (commonly known as the “Indian Civil Rights Act of 1968”).

(C) EFFECTIVE DATES FOR PILOT PROJECTS.—An Indian tribe designated as a participating tribe under subparagraph (A)(ii) or (B)(ii) may commence exercising full criminal jurisdiction pursuant to subsections (b) through (d) of section 205 of Public Law 90–284 (commonly known as the “Indian Civil Rights Act of 1968”) on a date chosen by the Indian tribe, on the condition that the date shall be—

(i) not earlier than the date that is 15 days after the date on which the Indian tribe is designated as a participating tribe under subparagraph (A)(ii) or (B)(ii), as applicable; and

(ii) not later than the date that is 5 years after the date of enactment of this Act.

(c) Petitions To stay detention.—Section 204(e) of Public Law 90–284 (25 U.S.C. 1304(e)) (commonly known as the “Indian Civil Rights Act of 1968”) is amended—

(1) in paragraph (2)—

(A) by redesignating subparagraphs (A) and (B) as clauses (ii) and (iii), respectively, and indenting appropriately;

(B) in the matter preceding clause (ii) (as so redesignated), by striking “A court” and inserting the following:

“(A) IN GENERAL.—A court”;

(C) in subparagraph (A) (as so designated), by inserting before clause (ii) (as so redesignated) the following:

“(i) finds that the person has exhausted all tribal court remedies;”; and

(D) by adding at the end the following:

“(B) VICTIMLESS CRIMES.—If the crime committed by a defendant petitioning for a stay under paragraph (1) is a victimless crime, the court shall not be required to make a finding described in subparagraph (A)(iii).”; and

(2) by adding at the end the following:

“(3) NOTICE.—An Indian tribe that has ordered the detention of any person has a duty to timely notify the person of the rights and privileges the person has under this subsection and under section 203.”.

Section 234(c) of the Tribal Law and Order Act of 2010 (25 U.S.C. 1302a) is amended—

(1) in paragraph (2)—

(A) in subparagraph (B), by striking “(comparable to the” and all that follows through “United States Code)”; and

(B) by striking subparagraph (D); and

(2) by striking paragraph (4).

(a) In general.—Section 103(a) of the Indian Tribal Justice Act (25 U.S.C. 3613(a)) is amended—

(1) by striking the subsection designation and heading and all that follows through “Pursuant to” and inserting the following:

“(a) Authorization.—

“(1) IN GENERAL.—Pursuant to”; and

(2) by adding at the end the following:

“(2) REQUIREMENT.—The Secretary shall enter into contracts, grants, or agreements with Indian tribes under paragraph (1) without regard to whether the Indian tribe is located in a State listed in section 1162(a) of title 18, United States Code, or section 1360(a) of title 28, United States Code.”.

(b) Funding.—Section 201 of the Indian Tribal Justice Act (25 U.S.C. 3621) is amended—

(1) in each of subsections (a), (c), and (d), by striking “2011 through 2015” each place it appears and inserting “2022 through 2026”; and

(2) by striking subsection (b) and inserting the following:

“(b) Base support funding for tribal justice systems.—

“(1) IN GENERAL.—There are authorized to be appropriated to carry out section 103, and there are appropriated, out of any monies in the Treasury not otherwise appropriated—

“(A) $83,000,000 for fiscal year 2023;

“(B) $140,000,000 for fiscal year 2024;

“(C) $200,000,000 for fiscal year 2025;

“(D) $259,000,000 for fiscal year 2026; and

“(E) $318,000,000 for fiscal year 2027.

“(2) ADJUSTMENT FOR INFLATION.—The amount made available under paragraph (1) for each of fiscal years 2024 through 2027 shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.”.

Section 1701(j) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381(j)) is amended—

(1) in paragraph (2)—

(A) by striking “In providing” and inserting the following:

“(A) IN GENERAL.—In providing”; and

(B) by adding at the end the following:

“(B) REQUIREMENT.—The Attorney General shall provide grants to Indian tribal governments under this subsection without regard to whether the Indian tribe of the Indian tribal government is located in a State listed in section 1162(a) of title 18, United States Code, or section 1360(a) of title 28, United States Code.”; and

(2) by striking paragraph (4) and inserting the following:

“(4) FUNDING.—

“(A) IN GENERAL.—Subject to subparagraph (B), there is authorized to be appropriated to carry out this subsection, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $52,000,000 for fiscal year 2023 and each fiscal year thereafter.

“(B) ADJUSTMENT FOR INFLATION.—The amount made available under subparagraph (A) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.”.

(a) In general.—There is authorized to be appropriated to the Director of the Bureau of Indian Affairs to carry out the law enforcement and detention activities of the Bureau of Indian Affairs, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $1,200,000,000 for fiscal year 2023 and each fiscal year thereafter.

(b) Adjustment for inflation.—The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.

(c) Requirement.—The Director of the Bureau of Indian Affairs shall provide law enforcement and detention services to Tribal communities without regard to whether the Tribal community is located in a State listed in section 1162(a) of title 18, United States Code, or section 1360(a) of title 28, United States Code.

Section 3598 of title 18, United States Code, is amended—

(1) by striking “under this chapter for any offense the Federal jurisdiction for” and inserting the following: “under this chapter for—

“(1) any offense the Federal jurisdiction for”;

(2) by striking “within the boundaries of Indian country,” and inserting the following: “within the boundaries of Indian country; or

“(2) any offense the Federal jurisdiction for which is predicated solely on the offender’s use or taking of an object that has been transported, shipped, or received in interstate or foreign commerce, when the offender was not directly involved in such transportation, shipping, or receiving,”; and

(3) by striking “unless the governing body” and inserting the following:

(a) Grant program for Indian crime victim services.—The Victims of Crime Act of 1984 (34 U.S.C. 20101 et seq.) is amended by inserting after section 1404F the following:

(b) Funding for grants for Tribal victims of crime.—Section 1402(d) of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)) is amended—

(1) by inserting before paragraph (2) the following:

“(1) For each of the first 10 fiscal years beginning after the date of enactment of the Honoring Promises to Native Nations Act, 5 percent of the total amount in the Fund available for obligation during a fiscal year shall be made available to the Director to make grants under section 1404G.”;

(2) in paragraph (2)(A), by inserting “after compliance with paragraph (1)” after “deposited in the Fund”;

(3) in paragraph (3)(A), in the matter preceding clause (i), by striking “paragraph (2)” and inserting “paragraphs (1) and (2)”; and

(4) in paragraph (5)(A), by inserting “(1),” before “(2)” each place that term appears.

(c) Regulations regarding Indian tribes.—

(1) EXISTING REGULATIONS.—Any regulation, rule, or guidance promulgated by the Director of the Office for Victims of Crime before the date of enactment of this Act shall have no force or effect with respect to section 1404G of the Victims of Crime Act of 1984, as added by subsection (a).

(2) NEGOTIATED RULEMAKING.—

(A) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Director of the Office for Victims of Crime, in consultation with the Secretary of the Interior and Indian tribes (as defined in section 1404G(a) of the Victims of Crime Act of 1984) and through notice and comment negotiated rulemaking, following the provisions of subchapter III of chapter 5 of title 5, United States Code (commonly known as the ‘Negotiated Rulemaking Act of 1990’), shall promulgate final regulations carrying out section 1404G of the Victims of Crime Act of 1984.

(B) REQUIREMENTS.—The Director of the Office for Victims of Crime shall ensure that—

(i) not fewer than 2 Indian tribes from each Bureau of Indian Affairs region participate in the consultation; and

(ii) small, medium, and large land-based Indian tribes are represented.

Section 2001(b)(23) title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10441(b)(23)) is amended by striking “domestic violence, dating violence, sexual assault, and stalking” and inserting “crime”.

Section 204(j)(1) of Public Law 90–284 (25 U.S.C. 1304(j)(1)) (commonly known as the “Indian Civil Rights Act of 1968”) is amended, in the matter preceding subparagraph (A), by striking “There is authorized to be appropriated $25,000,000” and inserting “There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $50,000,000”.

(a) In general.—There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $1,000,000 for fiscal year 2023 and each fiscal year thereafter for grants, contracts, cooperative agreements, and other assistance for a national clearinghouse that provides training and technical assistance on issues relating to sexual assault of Indian and Alaska Native women.

(b) Adjustment for inflation.—The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.

Section 534(d) of title 28, United States Code, is amended—

(1) in paragraph (1), in the matter preceding subparagraph (A), by inserting “(including entities designated by an Indian tribe as maintaining public safety within the territorial jurisdiction of the Indian tribe)” after “law enforcement agencies”; and

(2) in paragraph (2), by striking subparagraph (B) and inserting the following:

“(B) FUNDING.—There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $60,000,000 for fiscal year 2023, to remain available until expended, to carry out the Tribal Access Program under subparagraph (A).”.

(a) In general.—There is authorized to be appropriated to carry out the Tiwahe Initiative of the Bureau of Indian Affairs, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $1,000,000,000 for fiscal year 2023 and each fiscal year thereafter.

(b) Adjustment for inflation.—The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.

(a) Public safety and criminal justice.—

(1) REVIEW ON LAW ENFORCEMENT AFFECTING NATIVE HAWAIIANS.—

(A) IN GENERAL.—The Department of Justice shall conduct a comprehensive review of law enforcement and other crime prevention programs for various crimes affecting Native Hawaiian populations, including child sexual exploitation, child abuse, intimate partner violence, human trafficking, and substance abuse.

(B) REPORT.—Not later than 1 year after the date of enactment of this Act, the Department of Justice shall submit to Congress a report summarizing the review required under subparagraph (A), which shall include the amount of Federal funding for the programs referred to in that subparagraph received by Native Hawaiian-serving organizations as a percentage of the total amount spent on those programs.

(2) REVIEW OF NATIVE HAWAIIAN VICTIMS OF VARIOUS CRIMES.—

(A) IN GENERAL.—The Department of Justice shall conduct a comprehensive review of programs that provide services to victims of various crimes affecting Native Hawaiian populations, including child sexual exploitation, child abuse, intimate partner violence, human trafficking, and substance abuse.

(B) REPORT.—Not later than 1 year after the date of enactment of this Act, the Department of Justice shall submit to Congress a report summarizing the review required under subparagraph (A), which shall include the amount of Federal funding for the programs referred to in that subparagraph received by Native Hawaiian-serving organizations as a percentage of the total amount spent on those programs.

(3) REVIEW OF NATIVE HAWAIIANS IN THE CRIMINAL JUSTICE SYSTEM.—

(A) IN GENERAL.—The National Institute of Justice, in coordination with the Bureau of Justice Statistics, shall conduct a comprehensive review on the Native Hawaiian population involved in the criminal justice system, including—

(i) arrests;

(ii) detention in Federal, State, and local jails;

(iii) pretrial supervision;

(iv) post-conviction supervision;

(v) incarceration in Federal and State prisons; and

(vi) post-release supervision.

(B) REPORT.—Not later than 1 year after the date of enactment of this Act, the National Institute of Justice, in coordination with the Bureau of Justice Statistics, shall submit to Congress a report summarizing the review required under subparagraph (A), which shall include—

(i) the Native Hawaiian population as a percentage of the total population of the United States that is involved in the criminal justice system;

(ii) information on the programs and services available to, and used by, Native Hawaiians in various jurisdictions, including diversion programs, in-prison education programs, and reentry services; and

(iii) the number of culturally relevant programs available to justice-involved Native Hawaiians.

Congress finds that—

(1) funding for the Indian Health Service and health care for American Indians and Alaska Natives is inequitable and unequal;

(2) Indian Health Service expenditures per capita are well below other Federal healthcare programs, which results in—

(A) unacceptable health conditions of American Indians and Alaska Natives; and

(B) American Indians and Alaska Natives living sicker and dying younger than other individuals in the United States;

(3) the urban Indian health care budget has failed to keep pace with urban Indian population growth or inflation, and that severe underfunding impedes fulfillment of the trust and treaty obligations of the Federal Government;

(4) due to chronic underfunding to healthcare programs that serve American Indians and Alaska Natives, American Indians and Alaska Natives face overwhelming health disparities compared to other populations, including—

(A) having lower life expectancies and experiencing a disproportionate number of diseases; and

(B) dying at higher rates than other individuals in the United States from chronic liver disease, cirrhosis, diabetes mellitus, unintentional injuries, intentional self-harm and suicide, and chronic lower respiratory diseases;

(5) the significant decline of third-party reimbursements for care, as clinics serving Tribal areas operate with limited staff and cancel non-essential procedures and visits, is affecting Tribal resources, which—

(A) reduces the amount that Tribal health facilities can bill Medicare, Medicaid, or other private insurances for reimbursement of services; and

(B) poses a threat to the continuity of operations of those facilities;

(6) (A) section 10221 of the Patient Protection and Affordable Care Act (Public Law 111–148; 124 Stat. 935) permanently reauthorized the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.) in the hope of reducing health disparities faced by Native Americans; but

(B) many of the provisions of the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.) remain underfunded; and

(7) the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11701 et seq.) authorized the Native Hawaiian Health Care Program—

(A) to improve the health status of Native Hawaiians; and

(B) to provide Native Hawaiian health care programs with the resources necessary to improve the health status of Native Hawaiians.

It is the sense of Congress that—

(1) funding for the delivery of health care to American Indians, Alaska Natives, and Native Hawaiians through the Indian Health Service, Indian tribes, tribal organizations, urban Indian organizations, and the Native Hawaiian Health Care Program should be fully funded;

(2) the funding described in paragraph (1) should be mandatory;

(3) Congress should allocate funding to job training and tuition reimbursement programs to increase the number of clinicians and non-medical health care staff serving American Indians, Alaska Natives, Native Hawaiians, and Indian tribes;

(4) Congress should provide funding under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and the Medicaid program under title XIX of that Act (42 U.S.C. 1396 et seq.) directly to Indian tribes and end the practice of pass-through of funds through States;

(5) (A) the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.) is crucial to protecting the health and well-being of American Indians and Alaska Natives;

(B) all of the provisions of that Act should be implemented and fully funded; and

(C) in accordance with section 3 of that Act (25 U.S.C. 1602), it is the policy of the United States, in fulfillment of the special trust responsibilities and legal obligations to Indians of the United States, including Indians living in urban settings—

(i) to ensure the highest possible health status for Indians and to provide all resources necessary to effect that policy;

(ii) to raise the health status of Indians to at least the levels set forth in the goals contained within the Healthy People 2010 initiative or successor objectives;

(iii) to ensure maximum Indian participation in the direction of health care services so as to render the persons administering such services and the services themselves more responsive to the needs and desires of Indian communities;

(iv) to increase the proportion of all degrees in the health professions and allied and associated health professions awarded to Indians so that the proportion of Indian health professionals in each Indian Health Service area is raised to at least the level of that of the general population;

(v) to require that all actions under that Act shall be carried out with active and meaningful consultation with Indian tribes, and conference with tribal organizations and urban Indian organizations, to implement that Act and the national policy of Indian self-determination;

(vi) to ensure that the United States and Indian tribes work in a government-to-government relationship to ensure quality health care for all Tribal members; and

(vii) to provide funding for programs and facilities operated by Indian tribes and tribal organizations in amounts that are not less than the amounts provided to programs and facilities operated directly by the Indian Health Service;

(6) legal challenges to that Act and the Patient Protection and Affordable Care Act (Public Law 111–148; 124 Stat. 119) are harmful;

(7) legislation to address the opioid and substance use epidemic facing American Indian, Alaska Native, and Native Hawaiian communities (known as the “Comprehensive Addiction Resources Emergency Act of 2021”, S. 3418 and H.R. 6311, 117th Congress, as introduced on December 16, 2021) should be enacted without delay; and

(8) legislation to provide significant resources to Indian tribes to combat child abuse and neglect (known as the “American Indian and Alaska Native Child Abuse Prevention and Treatment Act”, S. 1868 and H.R. 1566, 117th Congress, as introduced on May 26, 2021, and March 3, 2021, respectively) should be enacted without delay.

(a) Establishment.—There is established in the Treasury an account, to be known as the “Indian Health Services Operations Account”, into which shall be deposited all amounts appropriated or otherwise made available according to the recommendations of the national Tribal Budget Formulation Workgroup, as of the date of enactment of this Act, to carry out the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.) and any other program relating to or operated by the Indian Health Service.

(b) Appropriation.—There are authorized to be appropriated, and there are appropriated, out of any monies in the Treasury not otherwise appropriated, the following amounts, which shall be deposited in the Indian Health Services Operations Account:

(1) For fiscal year 2023, $50,138,679,000.

(2) For fiscal year 2024, $51,416,373,000.

(3) For fiscal year 2025 and each fiscal year thereafter, an amount equal to the sum of—

(A) the amount appropriated for the previous fiscal year, as adjusted annually to reflect the change in the medical care component of the consumer price index for all urban consumers (U.S. city average); and

(B) as applicable—

(i) 1.8 percent of the amount appropriated for the previous fiscal year; or

(ii) the percentage of the amount appropriated for the previous fiscal year determined under subsection (c)(2).

(c) Adjustments after fiscal year 2024.—

(1) STUDY.—Not later than September 30, 2024, and not less frequently than once every 10 years thereafter, the Comptroller General of the United States shall conduct a study, in consultation with Indian tribes, to determine whether the population served by the Indian Health Service has continued to grow by 1.8 percent per year.

(2) ADJUSTMENT.—If the Comptroller General determines under the study conducted under paragraph (1) that the actual rate of growth of the population described in that paragraph is higher than 1.8 percent, for purposes of subsection (b)(3)(B)(ii), the percentage by which the amount appropriated for the previous fiscal year shall be adjusted to reflect the actual rate of growth determined by the study.

(d) Shortfalls and report.—

(1) IN GENERAL.—Not later than the end of fiscal year 2023, the Secretary of Health and Human Services shall submit to the Committees on the Budget, Health, Education, Labor, and Pensions, and Indian Affairs of the Senate and the Committee on the Budget, the Subcommittee on Health of the Committee on Energy and Commerce, and the Subcommittee for Indigenous Peoples of the United States of the Committee on Natural Resources of the House of Representatives a publicly available report, developed in consultation with Indian tribes, that proposes an item of appropriation, according to the recommendations of the national Tribal Budget Formulation Workgroup, for shortfalls for funds related to the lease of a facility used for administration and delivery of Indian Health Service programs pursuant to section 105(l) of the Indian Self-Determination Act (25 U.S.C. 5324(l)), including supporting documentation on the methods used by the Secretary of Health and Human Services to determine the amount of shortfalls.

(2) ADDITIONAL APPROPRIATIONS.—

(A) FACILITY LEASING.—

(i) IN GENERAL.—In addition to the amount appropriated for a fiscal year for the Indian Health Services Operations Account, there is authorized to be appropriated for fiscal year 2023, and each fiscal year thereafter, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, the amount requested by the report under paragraph (1).

(ii) ADJUSTMENT FOR INFLATION.—The amount made available under clause (i) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the medical care component of the consumer price index for all urban consumers (U.S. city average).

(B) CONTRACT SUPPORT COSTS.—In addition to the amount appropriated for a fiscal year for the Indian Health Services Operations Account, there is authorized to be appropriated for fiscal year 2023, and each fiscal year thereafter, for contract support costs described in section 106 of the Indian Self-Determination Act (25 U.S.C. 5325) an amount determined by the Secretary of the Interior to cover any shortfalls for the operation of the programs and portions for periods covered by the contract support costs.

Section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), is amended by adding at the end the following:

“(d) Funding.—

“(1) IN GENERAL.—There are authorized to be appropriated, and there are appropriated, out of any monies in the Treasury not otherwise appropriated, to carry out this section—

“(A) $1,200,000,000 for each of fiscal years 2023 through 2025; and

“(B) $1,900,000,000 for fiscal year 2026 and each fiscal year thereafter.

“(2) ADJUSTMENT FOR INFLATION.—The amount made available under paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.”.

Section 330C of the Public Health Service Act (42 U.S.C. 254c–3) is amended—

(1) in subsection (c)(2)—

(A) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and indenting appropriately;

(B) in the matter preceding clause (i) (as so redesignated), by striking “For the purpose” and inserting the following:

“(A) IN GENERAL.—For the purpose”;

(C) in subparagraph (A) (as so redesignated)—

(i) in clause (iii) (as so redesignated), by striking “and” at the end;

(ii) in clause (iv) (as so redesignated), by striking “2023, to remain available until expended.” and inserting “2022; and”; and

(iii) by adding at the end the following:

“(v) subject to subparagraph (B), $300,000,000 for each of fiscal years 2023 through 2032, to remain available until expended.”; and

(D) by adding at the end the following:

“(B) ADJUSTMENT FOR INFLATION.—The amount authorized to be appropriated under subparagraph (A)(v) for each of fiscal years 2024 through 2032 shall be adjusted annually to reflect the change in the medical care component of the consumer price index for all urban consumers (U.S. city average).”;

(2) by redesignating subsection (c) as subsection (d); and

(3) by inserting after subsection (b) the following:

“(c) Requirement.—Grants provided under subsection (a) shall be subject to the requirements of section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5307(b)).”.

Section 6 of the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11705) is amended by adding at the end the following:

“(i) Special diabetes program for Native Hawaiians.—

“(1) IN GENERAL.—The Secretary shall make grants for providing services for the prevention and treatment of diabetes in accordance with subsection (b).

“(2) SERVICES THROUGH NATIVE HAWAIIAN HEALTH CARE SYSTEMS FACILITIES.—For purposes of subsection (a), services under such subsection are provided in accordance with this subsection if these services are provided through the Native Hawaiian Health Care Systems.

“(3) APPROPRIATIONS.—For the purpose of making grants under this section, there is appropriated, out of any money in the Treasury not otherwise appropriated, $9,000,000 for each fiscal year.”.

SEC. 207. Permanent extension of full Federal medical assistance percentage to urban Indian organizations.

Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended—

(1) in subsection (a)(2)—

(A) by striking “, and (C)” and inserting “, (C)”; and

(B) by inserting “, and (D) qualified Indian provider services (as defined in subsection (l)(4))” after “included in the plan”; and

(2) in subsection (l), by adding at the end the following:

“(4) (A) The term ‘qualified Indian provider services’ means services—

“(i) for which medical assistance is otherwise available under the State plan (or a waiver of such plan); and

“(ii) that are furnished by an Indian health care provider (as defined in subparagraph (B)) to an individual who—

“(I) is eligible for medical assistance under the State plan (or waiver); and

“(II) is eligible to receive services from the Indian Health Service.

“(B) The term ‘Indian health care provider’ means a health program operated by the Indian Health Service or by an Indian tribe or Tribal organization (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) or inter-tribal consortium (as defined in section 501(a) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5381(a))) or through an urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) operating pursuant to a grant or contract with the Indian Health Service under title V of the Indian Health Care Improvement Act or as a permanent program within the Indian Health Services direct care program.

“(C) Notwithstanding any other provision of law, qualified Indian provider services may be provided by authorized non-physician practitioners working within the scope of their license, certification, or authorized practice under Federal, State, or tribal law.”.

Section 1905(a)(9) of the Social Security Act (42 U.S.C. 1396d(a)(9)) is amended by inserting “and including such services furnished in any location by or through an Indian Health Care Provider as defined in subsection (l)(4)(B)” before the semicolon at the end.

(a) Extension of Federal Tort Claims Act coverage to Native Hawaiian health care systems.—Section 6 of the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11705) is amended—

(1) by redesignating subsections (h) and (i) (as added by section 206) as subsections (i) and (j), respectively;

(2) by inserting after subsection (g) the following:

“(h) Federal Tort Claims Act coverage.—

“(1) NATIVE HAWAIIAN HEALTH CARE SYSTEMS.—A Native Hawaiian health care system shall be considered to be a Federal agency for purposes of claims under sections 1346(b) and 2672 of title 28, United States Code, for money damages for personal injury, including death, resulting from the performance of functions by the Native Hawaiian health care system.

“(2) OFFICERS AND EMPLOYEES.—An individual who is an officer or employee of a Native Hawaiian health care system shall—

“(A) be considered to be an employee of the Department of Health and Human Services for purposes of claims under sections 1346(b) and 2672 of title 28, United States Code, for money damages for personal injury, including death, resulting from the performance of functions within the scope of employment of the individual; and

“(B) be considered to be an employee of the Public Health Service performing medical, surgical, dental, or related functions for purposes of ensuring that the remedy provided by sections 1346(b) and 2672 of title 28, United States Code, is exclusive of any other civil action or proceeding by reason of the same subject matter against—

“(i) that individual; or

“(ii) the estate of that individual.”; and

(3) by striking subsection (i) (as so redesignated) and inserting the following:

“(i) Funding.—

“(1) IN GENERAL.—Subject to paragraph (2), there are authorized to be appropriated to carry out this section, and there are appropriated, out of any monies in the Treasury not otherwise appropriated, $47,000,000 for fiscal year 2023, an additional $9,000,000 per year for each fiscal year until fiscal year 2035, and $155,000,000 each fiscal year thereafter.

“(2) ADJUSTMENT FOR INFLATION.—The amount made available under paragraph (1) for fiscal year 2036 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.”.

(b) Extension of full Federal medical assistance percentage to services furnished by Native Hawaiian health care systems.—Section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended, in the third sentence, by striking “for such 8 fiscal year quarters,” and inserting “for each fiscal quarter beginning on or after April 1, 2021,”.

(c) Permanent removal of matching requirements.—Section 6 of the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11705) is amended—

(1) by striking subsection (e); and

(2) by redesignating subsections (f) through (h) as subsections (e) through (g), respectively.

Section 214 of the Indian Health Care Improvement Act (25 U.S.C. 1621m) is amended by adding at the end the following:

“(f) Funding.—

“(1) IN GENERAL.—There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $60,000,000 for fiscal year 2023 and each fiscal year thereafter for epidemiology centers established under this section.

“(2) ADJUSTMENT FOR INFLATION.—The amount made available under paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the medical care component of the consumer price index for all urban consumers (U.S. city average).”.

(a) In general.—Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended—

(1) in subsection (a)(16)—

(A) by striking “as defined in subsection (h), and, (B)” and inserting “as defined in subsection (h)(1), (B)”; and

(B) by inserting “, and (C) residential addiction treatment facility services (as defined in subsection (h)(3)), if offered as part of a full continuum of evidence-based treatment services provided under the State plan, including residential, outpatient, and community-based care, for individuals with substance use disorders” before the semicolon; and

(2) in subsection (h)—

(A) in paragraph (1), by striking “paragraph (16) of subsection (a)” and inserting “subsection (a)(16)(A)”; and

(B) by adding at the end the following:

“(3) (A) For purposes of subsection (a)(16)(C), the term ‘residential addiction treatment facility services’ means, subject to subparagraph (B), inpatient services provided—

“(i) to an individual for the purpose of treating a substance use disorder that are furnished to an individual in the State for not more than 60 consecutive days (on a statewide average basis), provided that upon completion of each period of 30 consecutive days of treatment, the individual is assessed and determined to have progressed through the clinical continuum of care, in accordance with criteria established by the Secretary, in consultation with the American Society of Addiction Medicine, and requires continued medically necessary treatment and social support services to promote recovery, stable transition to ongoing treatment, and discharge; and

“(ii) in a facility that is accredited for the treatment of substance use disorders by the Joint Commission on Accreditation of Healthcare Organizations, the Commission on Accreditation of Rehabilitation Facilities, the Council on Accreditation, or any other accrediting agency that the Secretary deems appropriate as necessary to ensure nationwide applicability, including qualified national organizations and State-level accrediting agencies.

“(B) The State agency responsible for administering the State plan under this title shall establish procedures to ensure that, with respect to any facility providing residential addiction treatment facility services in a fiscal year, the number of beds used by the facility to provide such services during such year is consistent with State licensure standards.

“(C) The provision of medical assistance for residential addiction treatment facility services to an individual shall not prohibit Federal financial participation for medical assistance for items or services that are provided to the individual in or away from the residential addiction treatment facility during any 30-day period in which the individual is receiving residential addiction treatment facility services.

“(D) A woman who is eligible for medical assistance on the basis of being pregnant and who is furnished residential addiction treatment facility services during any 30-day period may remain eligible for, and continue to be furnished with, such services for additional 30-day periods without regard to any eligibility limit that would otherwise apply to the woman as a result of her pregnancy ending, subject to assessment by the facility and a determination based on medical necessity related to substance use disorder and the impact of substance use disorder on birth outcomes.”.

(b) Effective date.—The amendments made by this section shall apply to items and services furnished on or after January 1, 2023.

(a) Definition of confer.—In this section, the term “confer” means to engage in an open and free exchange of information and opinions that—

(1) leads to mutual understanding and comprehension; and

(2) emphasizes trust, respect, and shared responsibility.

(b) Requirement.—The Secretary of Health and Human Services, to the maximum extent practicable, shall confer with urban Indian organizations in carrying out health services of the Department of Health and Human Services.

Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by adding at the end the following new subsection:

“(tt) Nonapplication of work requirements to members of Indian tribes.—In the case of a State that conditions an individual's eligibility for medical assistance upon such individual's satisfaction of a requirement that the individual be employed, enrolled in school, participate in a work activity (as defined in section 407(d) or otherwise by the State), or participate in other community engagement activity, the State shall not apply such condition to an individual who is a member of a Federally recognized Indian tribe.”.

The Secretary of Health and Human Services—

(1) may waive compliance with any requirement of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) in a manner that is specific to—

(A) persons who are Indian (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)); and

(B) facilities of the Indian Health Service and urban Indian organizations;

(2) shall not waive compliance with any requirement of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) that is specific to persons who are Indian (as so defined) if such waiver would—

(A) reduce the amount, duration, or scope of benefits available to such persons under such Act; or

(B) impose restrictions, premiums or cost-sharing, or additional conditions on the receipt of benefits under such Act by such persons; and

(3) shall not waive any requirement relating to Tribal consultation or conference with urban Indian organizations as required by any Federal law, rule, or regulation.

Congress finds that—

(1) (A) Native American students experience discernible disparities in access to educational opportunities compared to their non-Native-American peers; and

(B) those disparities in educational opportunities—

(i) have a profound impact on the social and economic opportunities and well-being of Native American students and Native American communities; and

(ii) mean that Native American students are likely to experience disproportionate levels of discipline while in school that leads to those students being suspended or expelled, increasing the likelihood of those students to be involved in the school-to-prison pipeline;

(2) the Federal Government has failed in its trust obligation to provide educational services that address the unique situation of Native American students;

(3) (A) a majority of Native American students attend public schools, many of which lack curricula that provide historically accurate and culturally competent representation or discussion of Native Americans and their history in the United States; and

(B) the failure to include historically accurate and culturally competent curricula leads to a lack of understanding for all students of the history and contributions of Native Americans;

(4) (A) Native American students make up 1.1 percent of students attending public schools;

(B) Native American students have the lowest high school graduation rates and the lowest scores on reading and math elementary and secondary school standardized tests;

(C) students attending schools funded by the Bureau of Indian Affairs (referred to in this title as “Bureau-funded schools”) have lower academic scores than their non-Native American peers who attend public school; and

(D) educational disparities continue into higher education, with only 16 percent of Native American students obtaining a bachelor’s degree compared to the national average of 36 percent of individuals in the same age group;

(5) (A) the enactment of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) allowed federally recognized Indian tribes to contract with the Bureau-funded schools and provide education programs;

(B) with 183 Bureau-funded schools, the Bureau of Indian Education is obligated to provide culturally relevant, high-quality education opportunities to Native American students; and

(C) Bureau-funded schools consistently struggle to recruit and retain qualified and effective teachers due to noncompetitive salaries, isolated rural settings, difficult work environments, lack of job opportunities for spouses and partners, and marginal housing opportunities; and

(6) (A) American Indian and Alaska Native tribally chartered colleges and universities (TCUs) were established beginning in the late 1960s due to the failure of the United States higher education system to include American Indians;

(B) in addition to providing place-based and culturally grounded higher and career/technical education, TCUs are charged with preserving and revitalizing Tribal cultures, languages and lands, and strengthening Tribal sovereignty; and

(C) TCUs face significant challenges and inequities, including—

(i) the lack of adequate operating funding from the Department of the Interior;

(ii) the inability to grow endowments; and

(iii) a disproportionate number of students living in poverty, suffering food and housing insecurity, and unprepared for post-secondary education.

It is the sense of Congress that Congress should—

(1) provide full funding for Tribal Colleges and Universities and Bureau-funded schools, including increased funding to develop lessons and curricula that provide culturally competent and historically accurate information;

(2) provide increased funding to recruit and retain teachers at schools that serve a high proportion of Native students, including Bureau-funded schools, in order to address the educational disparities faced by Native American students described in section 301;

(3) provide full funding for school construction and repairs at Bureau-funded schools, which have lacked longstanding adequate funding and prioritization, to correct facilities operations inefficiencies that contribute to the chronic poor educational outcomes and performance of students at those schools; and

(4) increase and make permanent programmatic funding for Native American language programs to restore the elimination of traditional languages that colonial education forced on Native American students during the Assimilation Era.

Section 371(b) of the Higher Education Act of 1965 (20 U.S.C. 1067q(b)) is amended—

(1) in paragraph (1)—

(A) by striking subparagraph (A) and inserting the following:

“(A) PROVISION OF FUNDS.—There shall be available to the Secretary to carry out this section, from funds in the Treasury not otherwise appropriated, $300,000,000 for fiscal year 2023 and each fiscal year thereafter.”; and

(B) by adding at the end the following:

“(C) ADJUSTMENT FOR INFLATION.—The amount made available under paragraph (1)(A) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.”; and

(2) in paragraph (2)—

(A) in subparagraph (A)—

(i) in each of clauses (i) and (ii), by striking “$100,000,000” and inserting “$117,500,000”; and

(ii) in clause (iii), by striking “$55,000,000” and inserting “$65,000,000”; and

(B) in subparagraph (D)—

(i) in clause (i), by striking “$30,000,000” each place the term appears and inserting “$35,000,000”;

(ii) in clause (ii), by striking “$15,000,000” each place the term appears and inserting “$18,000,000”; and

(iii) in each of clauses (iii) and (iv), by striking “$5,000,000” and inserting “$6,000,000”.

(a) Section heading.—Section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c) is amended, in the section heading, by striking “American Indian Tribally Controlled Colleges and Universities” and inserting “Tribal Colleges and Universities”.

(b) Authorized activities.—Section 316(c)(2) of the Higher Education Act of 1965 (20 U.S.C. 1059c(c)(2)) is amended—

(1) in subparagraph (D), by striking “Indians” and all that follows through “policy” and inserting the following: “American Indians and Alaska Natives are underrepresented, instruction in Native American languages, and instruction and programs to support Tribal governance, Tribal public policy, and Tribal history and sovereignty”; and

(2) in subparagraph (L), by striking “outreach” and all that follows through “education;” and inserting the following: “outreach and recruitment activities and programs that encourage American Indian and Alaska Native elementary school students, secondary school students, and community members to develop the academic skills and the interest to pursue and succeed in postsecondary education;”.

(c) Application, plan, allocation.—Section 316(d) of the Higher Education Act of 1965 (20 U.S.C. 1059c(d)) is amended—

(1) by striking paragraph (1);

(2) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively; and

(3) in paragraph (3) (as so redesignated), by adding at the end the following:

“(C) USE OF UNEXPENDED FUNDS.—Any funds paid to an institution and not expended or used for the purposes for which the funds were paid during the 5-year period following the date of the initial grant award, may be carried over and expended during the succeeding 5-year period, if such funds are obligated for a purpose for which the funds were paid during the 5-year period following the date of the initial grant award.”.

(d) Definition.—Section 2(a)(4) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801(a)(4)) is amended by striking “an institution” and inserting “a public institution”.

Section 316(c)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(c)(3)) is amended—

(1) by striking subparagraph (B);

(2) by redesignating subparagraph (C) as subparagraph (B); and

(3) by adding at the end the following:

“(C) SCHOLARSHIPS.—A Tribal College or University that uses grant funds provided under this section to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such Tribal College or University.”.

(a) Indian school equalization program.—There is authorized to be appropriated to carry out the Indian School Equalization Program of the Bureau of Indian Affairs, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $500,000,000 for fiscal year 2023 and each fiscal year thereafter.

(b) Tribal colleges and universities operations.—There is authorized to be appropriated to fund operations at Tribal Colleges or Universities that are authorized under titles I and V of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1802 et seq., 1861 et seq.) and the Navajo Community College Act (25 U.S.C. 640a note; Public Law 92–189), and that originally were authorized under the Act of November 2, 1921 (25 U.S.C. 13) (commonly known as the “Snyder Act”), and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $150,000,000 for fiscal year 2023 and each fiscal year thereafter.

(c) Adjustment for inflation.—The amount made available under subsections (a) and (b) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.

(d) Special programs and projects To improve educational opportunities for Indian children.—Subpart 2 of part A of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7441 et seq.) is amended by adding at the end the following:

(e) Bureau of Indian Education facilities operations.—

(1) IN GENERAL.—Subject to paragraph (2), there is authorized to be appropriated for Bureau of Indian Education facilities operations costs, including costs for electricity, heating fuels, communications, custodial services, and other operation expenses, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $109,000,000 for fiscal year 2023 and each fiscal year thereafter.

(2) ADJUSTMENT FOR INFLATION.—The amount made available under paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.

(f) Student transportation.—

(1) IN GENERAL.—Subject to paragraph (2), there is authorized to be appropriated for the costs of transportation of students to Bureau-funded schools, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $73,000,000 for fiscal year 2023 and each fiscal year thereafter.

(2) ADJUSTMENT FOR INFLATION.—The amount made available under paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.

(a) In general.—Subject to subsection (b), there are authorized to be appropriated for the costs of construction, facilities improvement, modernization, repair, and replacement school construction for Bureau-funded schools, including sanitation, non-mechanical heating, ventilation, and air conditioning system repair and replacement, and there are appropriated, out of any monies in the Treasury not otherwise appropriated—

(1) $1,000,000,000 for each of fiscal years 2023 through 2027; and

(2) $264,300,000 for fiscal year 2028 and each fiscal year thereafter.

(b) Adjustment for inflation.—The amount made available under subsection (a)(2) for fiscal year 2029 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.

(a) In general.—Section 112 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1812) is amended to read as follows:

(b) Infrastructure improvement.—Section 113 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1813) is amended to read as follows:

(c) Conforming amendment.—Section 110(a)(3) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1810(a)(3)) is amended by striking “sections 112(b) and 113” and inserting “section 112(b)”.

(a) Purpose.—The purpose of this section is to address the shortage of qualified teachers serving American Indian, Alaska Native, and Native Hawaiian elementary school and secondary school students by attracting, and retaining, quality teachers to Native-serving schools, while also increasing the number of American Indian, Alaska Native, and Native Hawaiian teachers in those schools.

(b) Support for Native students and educators in Native-Serving schools.—Part B of title II of the Higher Education Act of 1965 (20 U.S.C. 1031 et seq.) is amended by adding at the end the following:

(c) National Board certification incentive program.—

(1) IN GENERAL.—Title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7401 et seq.) is amended by adding at the end the following:

(2) TABLE OF CONTENTS.—The table of contents for the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 6306 the following:

(d) Native Language Vitalization and Training Program for Tribal Colleges or Universities and other institutions of higher education serving significant numbers of Native students.—

(1) PROGRAM ESTABLISHED.—Part A of title III of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.) is amended by adding at the end the following:

(2) APPROPRIATIONS.—Section 399(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1068h(a)(1)) is amended—

(A) in subparagraph (A), by striking “320” and inserting “320B”; and

(B) by adding at the end the following:

“(G) There is authorized to be appropriated to carry out section 320A, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $40,000,000 for each of fiscal years 2023 through 2028, of which, for each fiscal year—

“(i) $35,000,000 shall be available for eligible institutions that are Tribal Colleges or Universities, as described in section 320A(a)(1)(A); and

“(ii) $5,000,000 shall be available for eligible institutions described in subparagraph (B) or (C) of section 320A(a)(1).

“(H) There is authorized to be appropriated to carry out section 320B, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $5,000,000 for each of fiscal years 2023 through 2028.”.

(a) In general.—There is authorized to be appropriated to the Secretary of the Interior to carry out the Act of April 16, 1934 (48 Stat. 596, chapter 147; 25 U.S.C. 5342 et seq.) (commonly known as the “Johnson-O’Malley Act”), and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $240,086,800 for fiscal year 2023 and each fiscal year thereafter.

(b) Adjustment.—The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be increased annually to reflect whichever of the following changes would result in a greater amount:

(1) The change in the number of eligible students who are served or potentially served by a contracting party (as defined in subsection (a) of section 7 of the Act of April 16, 1934 (48 Stat. 596, chapter 147; 25 U.S.C. 5348)), as determined under subsection (b) of that section.

(2) An annual increase of 6 percent.

(a) Native American languages grant program.—Section 816(e) of the Native American Programs Act of 1974 (42 U.S.C. 2992d(e)) is amended—

(1) by striking “(e) There are authorized to be appropriated” and inserting the following:

“(e) Funding for Native American languages grant program.—

“(1) FUNDING FOR FISCAL YEARS 2020 THROUGH 2024.—There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated,”; and

(2) by adding at the end the following:

“(2) FUNDING FOR FISCAL YEARS 2025 THROUGH 2037.—

“(A) IN GENERAL.—There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, to carry out section 803C $20,000,000 for each of fiscal years 2025 through 2037.

“(B) ADJUSTMENT FOR INFLATION.—The amount made available under subparagraph (A) for fiscal year 2026 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.”.

(b) Indian education national activities.—Subpart 3 of part A of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7451 et seq.) is amended by adding at the end the following:

(c) Native American language resource center.—Section 603 of the Higher Education Act of 1965 (20 U.S.C. 1123) is amended—

(1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively;

(2) by inserting after subsection (a) the following:

“(b) Native American language resource center authorized.—

“(1) IN GENERAL.—The Secretary is authorized to, after engaging in consultation with Indian tribes and after collaborating with Native Hawaiian organizations, make a grant to, or enter into a contract with, an eligible entity for the purpose of—

“(A) establishing, strengthening, and operating a Native American language resource and training center as described in paragraph (2); and

“(B) staffing the center with individuals who have high-level fluency in American Indian, Alaska Native, and Native Hawaiian languages and are experienced with Native American language education in preschool, elementary school, secondary school, adult education, and higher education programs.

“(2) PURPOSES OF CENTER.—The Native American language resource center established under paragraph (1) shall serve as a resource to—

“(A) improve the capacity to teach and learn Native American languages and further Native American language acquisition;

“(B) preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages;

“(C) allow the United States to fulfill its trust responsibility to Native American communities and address the effects of past discrimination against Native American language speakers;

“(D) support revitalization of Native American languages;

“(E) encourage and support the use of Native American languages as a medium of instruction, including use as a medium of education in schools operated by Indian tribes, States, the Federal Government, and Native American language educational organizations;

“(F) encourage and support the use and development of Native American languages as the medium of instruction for a wide variety of age levels and academic content areas;

“(G) support metrics aligned with the Native American language of instruction, including assessments, qualifications, and processes based on well-demonstrated best practices in Native American language medium education;

“(H) identify barriers to Native American language education and learning within Federal laws and actions needed for alignment with the Native American Languages Act (25 U.S.C. 2901 et seq.);

“(I) encourage and support elementary schools, secondary schools, and institutions of higher education to include Native American languages in the curriculum in the same manner as other world languages, including through cooperative agreements and distance education, and to grant proficiency in Native American languages the same full academic credit as proficiency in other world languages;

“(J) encourage and support the development of appropriate teacher preparation programming for the teaching of, and through, Native American languages, including appropriate alternative pathways to teacher certification;

“(K) provide a resource base to provide information to Federal, Tribal, State, and local governments and Native American educational organizations to allow the spread of best practices in the use, practice, and development of Native American languages in Native American communities, including use in educational institutions;

“(L) provide a resource base for the use of technology in intensive community-, land-, and archive-based programs, as well as hybrid and collaborative programs in supporting the retention, use, development, and teaching of Native American languages by government and private entities;

“(M) support the acquisition of distance learning technologies and training for parents, students, teachers, and learning support staff, including the compilation and curation of digital libraries and other online resources in target Native American languages, the development of distance learning curricula appropriate for preschool, elementary school, secondary school, adult education, and postsecondary education, the pedagogical training for teachers, and other efforts necessary to continue Native American language acquisition through distance learning;

“(N) provide a developmental base from which interested Tribal Colleges and Universities and other Native American entities might develop fully functioning Native American language medium education systems that include associated preschool, elementary school, secondary school, and adult education programs conducted through the medium of Native American languages;

“(O) provide a means to further collaboration among formal government, institutional, and community-based Native American language programs, resources, and research efforts with additional access to international best practices in indigenous language revitalization;

“(P) develop a support center system for Native American language participants to gather and share helpful information and experiences; and

“(Q) address any of the purposes of foreign language centers included under this section if, in doing so, the Native American language resource and training center—

“(i) does so as a subsidiary activity;

“(ii) focuses benefits on Native Americans living in Native American communities, or closely tied to such communities; and

“(iii) ensures that one of the outcomes being strengthened through this subparagraph is the use of one or more Native American languages in a Native American community.

“(3) DEFINITIONS.—In this subsection:

“(A) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—

“(i) an institution of higher education;

“(ii) an entity within an institution of higher education with dedicated responsibility for Native American language and culture education;

“(iii) a consortium of such institutions;

“(iv) a consortium of such institutions and other entities with unique responsibilities for Native American languages;

“(v) an Indian tribe;

“(vi) a consortium of Indian tribes; or

“(vii) a Native Hawaiian organization.

“(B) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning given the term in section 5 of the Honoring Promises to Native Nations Act.

“(C) 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).

“(D) NATIVE HAWAIIAN ORGANIZATION.—The term ‘Native Hawaiian organization’ has the meaning given the term in section 5 of the Honoring Promises to Native Nations Act.”; and

(3) in the matter preceding paragraph (1) of subsection (c), as redesignated by paragraph (1), by striking “subsection (a)” and inserting “this section”.

(a) Definitions.—In this section:

(1) DIRECTOR.—The term “Director” means the Director of the Bureau of Indian Education.

(2) ELIGIBLE PROGRAM PARTICIPANT.—The term “eligible program participant” means—

(A) a high school teacher, a teacher of one of the middle grades, or a school leader of a high school or a school that includes one of the middle grades (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801));

(B) an educational leader or expert who is not employed by a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) or an elementary school or secondary school (as such terms are so defined) that is independent of any local educational agency; or

(C) a prospective teacher enrolled in a program of postsecondary education coursework or preservice clinical education.

(3) SECRETARY.—The term “Secretary” means the Secretary of Education.

(b) Program authorized; appropriation.—

(1) FUNDING.—There is authorized to be appropriated to carry out this section, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $15,000,000.

(2) DONATIONS, GIFTS, BEQUESTS, AND DEVISES OF PROPERTY.—In accordance with chapter 23 of title 36, United States Code, and in furtherance of the purposes of this section, the Director and Secretary are authorized to solicit, accept, hold, administer, invest, and use donated funds and gifts, bequests, and devises of property, both real and personal.

(3) USE OF FUNDS.—The Director, in coordination with the Secretary, using funds appropriated under paragraph (1) and resources received under paragraph (2), and including through the engagement of eligible program participants as appropriate—

(A) shall develop and nationally disseminate accurate, relevant, and accessible resources to promote understanding about Native American history, the Native American experience, and the legal responsibility of the Federal Government to Indian tribes and Native Hawaiian people, which shall include digital resources and may include other types of resources, such as print resources and traveling exhibitions, with the goal of helping educators overcome barriers to accessing reliable, quality, and accurate resources that will improve awareness and understanding of those subjects; and

(B) may carry out one or more of the following Native American education program activities:

(i) Development, dissemination, and implementation of principles of sound pedagogy for teaching about Native American history.

(ii) Provision of professional development for eligible program participants, such as through—

(I) local, regional, and national workshops;

(II) teacher trainings in conjunction with Native American history education centers and other appropriate partners;

(III) engagement with—

(aa) local educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); and

(bb) high schools and schools that include one of the middle grades (as so defined) that are independent of any local educational agency; and

(IV) operation and expansion of a teacher fellowship program to cultivate and support leaders in Native American history education.

(iii) Engagement with State and local education leaders to encourage the adoption of resources supported under this section into curricula across diverse disciplines.

(iv) Evaluation and research to assess the effectiveness and impact of Native American history education programs, which may include completion of the report required under subsection (e).

(4) APPLICATIONS.—The Director, in coordination with the Secretary, may seek the engagement of an eligible program participant under paragraph (3) by requiring submission of an application to the Director at such time, in such manner, and based on such competitive criteria as the Director may require.

(c) Online Native American education resources.—

(1) WEBSITE.—The Secretary of the Interior shall maintain on the website of the Department of the Interior a special section designated for Native American history and Tribal governance resources to improve awareness and understanding of the Federal trust responsibility and treaty obligations, Tribal governance systems, Native American history in the United States, and cultural assimilation practices of the Indian boarding school experience, as a means to raise awareness about the importance of preventing genocide, hate, and bigotry against any group of people. The website and resources shall be made publicly available.

(2) INFORMATION DISTRIBUTION.—The Director shall distribute information about the activities funded under this section through the website of the Department of the Interior, and shall respond to inquiries for supplementary information concerning such activities.

(3) BEST PRACTICES.—The information distributed by the Director shall include best practices for educators.

(d) Engagement of eligible program participants.—

(1) IN GENERAL.—An eligible program participant shall be engaged at the discretion of the Director to participate in Native American history education program activities authorized under this section and approved by the Director pursuant to an application described in subsection (b)(4).

(2) ENGAGEMENT PERIOD.—Engagement of eligible program participants under this section shall be for a period determined by the Director.

(3) PRIORITY.—In engaging eligible program participants under subsection (b), the Director shall give priority to applications from such participants who work for or with a local educational agency, or a school that is independent of any local educational agency, that works with an Indian tribe within the territorial boundaries of the State in which the agency or school provides educational services, to develop the appropriate curriculum for the agency or school.

(e) Annual report.—Not later than February 1 of each year, the Director shall submit to Congress a report describing the activities carried out under this section.

Part C of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7541 et seq.) is amended by adding at the end the following:

(a) Student assessment systems.—Section 8204 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7824) is amended by adding at the end the following:

“(d) Funding.—There are authorized to be appropriated, and there are appropriated, out of any monies in the Treasury not otherwise appropriated—

“(1) $35,000,000 for fiscal year 2023 to develop assessments consistent with section 1111 for Bureau-funded schools; and

“(2) $20,000,000 for fiscal year 2024 and each succeeding fiscal year to carry out the assessments consistent with section 1111 for Bureau-funded schools.”.

(b) Indian education formula grants.—Subpart 1 of part A of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7521 et seq.) is amended by adding at the end the following:

(a) Definition of Tribal educational agency.—In this section, the term “Tribal educational agency” means the agency, department, or instrumentality of an Indian tribe (as defined in section 6132(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7452(b))) that is primarily responsible for supporting the elementary and secondary education of students who are members of the Indian tribe.

(b) Funding.—

(1) IN GENERAL.—Subject to paragraph (2), there are authorized to be appropriated to make grants to Tribal educational agencies, and there are appropriated, out of any monies in the Treasury not otherwise appropriated, for fiscal year 2023 and each fiscal year thereafter—

(A) to the Secretary of Education, $10,000,000; and

(B) to the Secretary of the Interior, $10,000,000.

(2) ADJUSTMENT FOR INFLATION.—The amounts made available under subparagraphs (A) and (B) of paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.

Part A of title III of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.) is amended by adding at the end the following:

Congress finds that—

(1) there is a housing crisis in Indian country that has worsened over the 20-year period preceding the date of introduction of this Act;

(2) the trust obligations of the Federal Government include providing housing opportunities for Native Americans;

(3) funding for the block grant programs under titles I and VIII of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 et seq., 25 U.S.C. 4221 et seq.)—

(A) has not matched inflation; and

(B) fails to cover the growing construction costs and demand for housing in Indian country;

(4) due in part to a lack of affordable housing, many Native Americans live in overcrowded conditions, resulting in—

(A) the average household size for Native Americans exceeding that of the overall average household size in the United States; and

(B) overcrowding rates in Tribal areas exceeding that of the overall overcrowding rate in other areas in the United States;

(5) lack of access to water is a substantially larger problem in Indian country than in the United States as a whole; and

(6) the historical displacement by the Federal Government of Native American communities to remote locations and the ongoing failure of the Federal Government to support the development of adequate infrastructure, including access to water, roads, and other basic utilities, continues to exacerbate housing inequities in Indian country.

It is the sense of Congress that—

(1) the Federal Government should provide steady, equitable, noncompetitive, and nondiscretionary funding directly to Indian tribes, Tribal governments, tribal organizations, and Native Hawaiian organizations to support the development of housing;

(2) legislation to address the housing needs in Native American, Alaska Native, and Native Hawaiian communities (known as the “American Housing and Economic Mobility Act of 2021”, S. 1368 and H.R. 2768, 117th Congress, as introduced in April 2021 and previously supported in a resolution adopted by the National American Indian Housing Council) should be enacted without delay; and

(3) the Secretary of Housing and Urban Development should continue to consult with Indian tribes, confer with tribal organizations, and collaborate with Native Hawaiian organizations to ensure that Indian tribes, tribal organizations, and Native Hawaiian organizations are maximizing their capacity and technical expertise to provide for increased housing and infrastructure in their communities.

Section 108 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4117) is amended to read as follows:

Section 824 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4243) is amended—

(1) by striking “are authorized” and inserting “is authorized”; and

(2) by striking “such sums as may be necessary for each of fiscal years 2001, 2002, 2003, 2004, and 2005” and inserting “$47,000,000 for fiscal year 2023 and each fiscal year thereafter”.

Section 509 of the Housing Act of 1949 (42 U.S.C. 1479) is amended by adding at the end the following:

“(g) Set-Aside for Indian Tribes.—

“(1) IN GENERAL.—For each fiscal year, the Secretary shall set aside and reserve for assistance for Indian tribes (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) an amount equal to 5.0 percent in each fiscal year of the aggregate amount of lending authority, budget authority, or guarantee authority, as appropriate, made available for the fiscal year for assistance under each of sections 502, 504, 515, 533, and 538 and of the aggregate amount made available to the Rural Utilities Service to carry out programs or activities.

“(2) REALLOCATION.—The procedure under paragraph (1) for reserving amounts shall provide that any assistance set aside in any fiscal year for Indian tribes that has not been expended by a reasonable date established by the Secretary shall be made available and allocated under the laws and regulations relating to such assistance, notwithstanding this subsection.”.

(a) Voucher program.—Section 502 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4181) is amended by adding at the end the following:

“(c) Applicability.—Subsections (a) and (b) shall not apply with respect to tenant-based assistance provided under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)).”.

(b) HUD counseling.—Section 106(a)(4)(A) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(a)(4)(A)) is amended by striking “and State housing finance agencies” and inserting “State housing finance agencies, and tribally designated housing entities (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)).”.

Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended by adding at the end the following:

(a) Housing and Community Development Act of 1992.—Section 184(i)(7) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(i)(7)) is amended to read as follows:

“(7) APPROPRIATIONS.—

“(A) IN GENERAL.—To carry out this section, there is authorized to be appropriated to the Guarantee Fund, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $20,000,000 for fiscal year 2023 and each fiscal year thereafter.

“(B) ADJUSTMENT FOR INFLATION.—The amount made available under subparagraph (A) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.”.

(b) Native American Housing Assistance and Self-Determination Act of 1996.—Title VI of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4191 et seq.) is amended—

(1) by striking the first section 606 (25 U.S.C. 4191 note) (relating to the effective date); and

(2) by adding at the end the following:

Section 184A(j)(7) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13b(j)(7)) is amended—

(1) by striking “such sums as may be necessary for each of fiscal years 2001, 2002, 2003, 2004, and 2005” and inserting “$2,500,000 for fiscal year 2023 and each fiscal year thereafter”;

(2) by striking “There are” and inserting the following:

“(A) IN GENERAL.—Subject to subparagraph (B), there is”; and

(3) by adding at the end the following:

“(B) ADJUSTMENT FOR INFLATION.—The amount made available under subparagraph (A) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.”.

(a) Funding reauthorization.—Section 3763 of title 38, United States Code, is amended—

(1) by redesignating subsection (b) as subsection (c); and

(2) by inserting after subsection (a) the following:

“(b) Funding.—

“(1) IN GENERAL.—For fiscal year 2023 and each fiscal year thereafter, there is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $20,000,000 to the Secretary, for deposit in the Account.

“(2) ADJUSTMENT FOR INFLATION.—The amount made available under paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.”.

(b) Definition of Native Hawaiian veterans.—Section 3765(3)(B) of title 38, United States Code, is amended by striking “native Hawaiian, as that term is defined in section 201(a)(7) of the Hawaiian Homes Commission Act, 1920 (Public Law 67–34; 42 Stat. 108)” and inserting “Native Hawaiian, as that term is defined in section 6207 of the Native Hawaiian Education Act (20 U.S.C. 7517)”.

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 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 and collaboration with 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 and collaboration with 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, after engaging in Tribal consultation, 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 after Tribal consultation, reports on the utilization of rental assistance provided under the Program; and

“(II) provide to the Secretary information specified by the Secretary after Tribal consultation, 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 Indian tribes that are eligible recipients and collaborate with 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, after Tribal consultation—

“(I) set aside, from amounts made available to carry out the Program, 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;

“(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; and

“(CC) Indian tribes that request the report.

“(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 or collaboration with recipients of grants under the Program to allow the use of formula current assisted stock within the Program.

“(xi) APPROPRIATIONS.—

“(I) IN GENERAL.—To carry out the Program, there is authorized to be appropriated to the Secretary, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $15,000,000 for fiscal year 2023 and each fiscal year thereafter.

“(II) ADJUSTMENT FOR INFLATION.—The amount made available under clause (i) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.”.

(a) In general.—There is authorized to be appropriated to the Director of the Bureau of Indian Affairs to carry out the Housing Improvement Program of the Bureau of Indian Affairs authorized under the Act of November 2, 1921 (25 U.S.C. 13) (commonly known as the “Snyder Act”), and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $400,000,000 for fiscal year 2023 and each fiscal year thereafter.

(b) Adjustment for inflation.—The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.

(c) Tribal consultation.—The Bureau of Indian Affairs shall engage in Tribal consultation to ensure that the Housing Improvement Program’s funding formula does not disadvantage Indian tribes of certain sizes or from certain Bureau of Indian Affairs regions.

Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is amended by adding at the end the following:

(a) Establishment.—There is established a workgroup, to be known as the “Coordinated Environmental Review Process Workgroup” (referred to in this section as the “Workgroup”), consisting of the head (or a designee) of each of—

(1) the Department of Agriculture;

(2) the Department of Commerce;

(3) the Department of Energy;

(4) the Department of Health and Human Services;

(5) the Department of Housing and Urban Development;

(6) the Department of the Interior;

(7) the Department of Transportation;

(8) the Council on Environmental Quality; and

(9) the Environmental Protection Agency.

(b) Chairperson.—The Secretary of Housing and Urban Development (or a designee) shall—

(1) serve as chairperson of the Workgroup; and

(2) be responsible for convening meetings and coordinating the activities of the Workgroup.

(c) Duties.—The Workgroup shall—

(1) assess whether each member agency of the Workgroup has adopted the recommendations made in the report entitled “Coordinated Environmental Review Process Final Report” and dated December 15, 2015, prepared by the Department of Housing and Urban Development, in collaboration with the Coordinated Environmental Review Process Workgroup established pursuant to Senate Report 113–182 (2014), accompanying S. 2438, 113th Congress;

(2) to the extent that any recommendation described in paragraph (1) has not been implemented, establish a plan for implementation of the recommendation; and

(3) prepare and submit to Congress the reports required under subsection (d).

(d) Reports.—

(1) INITIAL.—Not later than 18 months after the date of enactment of this Act, the Secretary of Housing and Urban Development, in collaboration with the Workgroup, 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) the results of the assessment under subsection (c)(1);

(B) any plan established under subsection (c)(2); and

(C) its plan to engage in Tribal consultation regarding implementation.

(2) UPDATES.—Not later than 1 year after the date of submission of the report under paragraph (1), and not less frequently annually thereafter, the Secretary of Housing and Urban Development, in collaboration with the Workgroup, shall submit to the Committees described in that paragraph an updated report in accordance with that paragraph.

Congress finds that—

(1) the Federal Government has failed to honor its trust responsibility to promote Tribal self-determination through the support of economic development on Tribal lands;

(2) the Federal Government has failed to assist Indian tribes with the individualized economic development necessary for Indian tribes—

(A) to exercise self-determination; and

(B) to make knowledgeable decisions as to how to best develop and manage the resources on Tribal lands for the benefit of the Indian tribe;

(3) Native Americans experience—

(A) a poverty rate that is approximately twice the national average; and

(B) higher rates of unemployment than any other group of people in the United States;

(4) due to the remote location of many Indian tribes, individuals may have long commutes, which are further exacerbated by inadequate roads and infrastructure due to chronic underfunding and lack of transportation;

(5) Indian tribes have had limited access to, or, in many cases, no direct access to, electricity, water, broadband, and adequate infrastructure;

(6) (A) only 65 percent of American Indians and Alaska Natives living on Tribal lands have access to fixed broadband services;

(B) only 69 percent of American Indian, Alaska Native, and Native Hawaiian households residing on rural Tribal lands have telephone services; and

(C) the lack of access described in subparagraphs (A) and (B) is in stark contrast with the national average of 98 percent of households that have access to telephone services, and 92 percent of individuals living outside of Tribal lands that have access to fixed broadband services;

(7) approximately 1,500,000 people living on Tribal lands lack access to broadband;

(8) 75 percent of rural Indian Health Service facilities still lack reliable broadband networks for American Indians and Alaska Natives to access telehealth or clinical health care services, which is a critical need in the most geographically isolated areas of the United States, furthering economic inequities on Tribal lands;

(9) according to the Bureau of Indian Education, up to 95 percent of Native American students at some Bureau of Indian Education schools cannot access internet services at home;

(10) lack of internet access negatively affects the ability to conduct business online, which took on increased importance since the beginning of the Coronavirus Disease 2019 (COVID–19) pandemic; and

(11) very few Indian tribes have established telecommunications companies to provide residential phone and internet services.

It is the sense of Congress that—

(1) Congress should determine and provide the funding needed to meet the essential utilities and core infrastructure needs on Tribal lands, such as electricity, water, telecommunications, and roads;

(2) Congress should—

(A) provide direct, mandatory funding to Indian tribes and the Department of Hawaiian Home Lands; and

(B) allow Indian tribes and the Department of Hawaiian Home Lands to leverage Federal funding;

(3) in cases in which Federal infrastructure projects occur on or affect Tribal lands or Tribal or Native Hawaiian communities, the Federal Government should engage in, as applicable—

(A) consistent, transparent, and deferential consultation with Indian tribes; and

(B) consistent, transparent, and deferential collaboration with the Department of Hawaiian Home Lands and Native Hawaiian organizations;

(4) the Federal Government should include Tribal sovereignty principles for Indian tribes to manage and self-govern natural resources, including electromagnetic spectrum over Tribal lands, in accordance with the Federal trust responsibility and acknowledgment of their sovereignty, to promote economic development and self-management of those modern natural resources;

(5) the Federal Government should clarify the inherent ownership by Indian tribes and Native Hawaiian organizations of spectrum licenses and spectrum over Tribal lands and Hawaiians, and preserve that ownership, in furtherance of the Federal trust responsibility over, and Indian and Native Hawaiian self-governance of their own modern natural resources;

(6) the Federal Government should—

(A) diminish the effect of the Tribal priority filing windows, auctions for spectrum licenses over Tribal lands, and assignment and leasing of spectrum over Tribal lands carried out by the Federal Communications Commission;

(B) ensure the competitive bidding authority of the Federal Communications Commission does not apply to licenses or construction permits issued by the Commission over Tribal lands and Hawaiian home lands; and

(C) permanently eliminate the public availability of spectrum over Tribal lands and Hawaiian home lands; and

(7) legislation to address the lack of spectrum access by Indian tribes over Tribal lands and to deploy wireless broadband services, in furtherance of Tribal sovereignty (known as the “DIGITAL Reservations Act” or the “Deploying the Internet by Guaranteeing Indian Tribes Autonomy over Licensing on Reservations Act”, S. 4331 and H.R. 7774, 116th Congress, as introduced on July 27, 2020, and July 24, 2020, respectively), should be enacted without delay.

(a) In general.—There are authorized to be appropriated to carry out the tribal transportation program under section 202 of title 23, United States Code, and there are appropriated, out of any monies in the Treasury not otherwise appropriated—

(1) for each of fiscal years 2023 through 2025, $1,000,000,000; and

(2) for fiscal year 2026 and each fiscal year thereafter, $800,000,000.

(b) Adjustment for inflation.—The amounts made available under subsection (a) for fiscal year 2027 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.

(c) Obligation limitation.—The limitation on obligations for Federal-aid highway and highway safety construction programs for each fiscal year shall not apply to the amounts made available under subsection (a).

(d) Treatment.—Amounts made available under subsection (a) shall be available for obligation in accordance with section 201 of title 23, United States Code.

Section 1123(h) of MAP–21 (23 U.S.C. 202 note; Public Law 112–141) is amended by striking paragraph (2) and inserting the following:

“(2) APPROPRIATION.—There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, to carry out the program $50,000,000 for fiscal year 2023 and each fiscal year thereafter.”.

(a) In general.—There are authorized to be appropriated, and there are appropriated, out of any monies in the Treasury not otherwise appropriated, to the Director of the Bureau of Indian Affairs to carry out the road maintenance program of the Bureau—

(1) for each of fiscal years 2023 through 2027, $100,000,000; and

(2) for fiscal year 2028 and each fiscal year thereafter, $50,000,000.

(b) Adjustment for inflation.—The amounts made available under subsection (a) for fiscal year 2029 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.

Section 5311 of title 49, United States Code, is amended—

(1) in subsection (c), by striking paragraph (2) and inserting the following:

“(2) PUBLIC TRANSPORTATION ON INDIAN RESERVATIONS.—

“(A) APPROPRIATION.—For fiscal year 2023 and each fiscal year thereafter, there is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $75,000,000 for grants to Indian tribes for any purpose eligible under this section, under such terms and conditions as may be established by the Secretary.

“(B) APPORTIONMENT.—Amounts made available under subparagraph (A) shall be apportioned as formula grants, as provided in subsection (j).

“(C) ADJUSTMENT FOR INFLATION.—The amount made available under subparagraph (A) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.”; and

(2) in subsection (j)(1)(A), in the matter preceding clause (i), by striking “described in subsection (c)(2)(B)” and inserting “made available under subsection (c)(2)(A)”.

(a) In general.—For fiscal year 2023 and each fiscal year thereafter, there is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $7,500,000 to carry out the tribal transportation technical assistance program under section 504(b)(2)(D)(ii) of title 23, United States Code.

(b) Adjustment for inflation.—The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.

(c) Obligation limitation.—The limitation on obligations for Federal-aid highway and highway safety construction programs for each fiscal year shall not apply to the amounts made available under subsection (a).

(d) Treatment.—Amounts made available under subsection (a) shall be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code.

(e) Tribal consultation.—In carrying out the tribal transportation technical assistance program under section 504(b)(2)(D)(ii) of title 23, United States Code, the Secretary of Transportation shall engage in Tribal consultation.

(a) In general.—Subject to subsection (b), for each of fiscal years 2023 through 2032, there is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $2,000,000 to the Secretary of Agriculture to provide technical assistance under section 6302 of the Agriculture Improvement Act of 2018 (7 U.S.C. 2671).

(b) Adjustment for inflation.—The amount made available under subsection (a) for each of fiscal years 2024 through 2032 shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.

(a) Non-Federal share.—Section 108(e) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4707(e)) is amended—

(1) in paragraph (1)—

(A) in the third sentence, by striking “The Fund shall provide no assistance” and inserting the following:

“(iii) PROHIBITION.—Subject to subparagraph (B), no assistance may be provided by the Fund”;

(B) in the second sentence, by striking “Such matching funds” and inserting the following:

“(ii) FORM.—The matching funds required under clause (i)”;

(C) by striking the paragraph designation and heading and all that follows through “Assistance” in the first sentence and inserting the following:

“(1) MATCHING REQUIREMENT.—

“(A) REQUIREMENT.—

“(i) IN GENERAL.—Subject to subparagraph (B) and paragraph (2), assistance”; and

(D) by adding at the end the following:

“(B) WAIVER FOR CERTAIN INDIVIDUALS AND ENTITIES.—The requirements of subparagraph (A) shall not apply to any individual or entity using the assistance provided under this section only for the benefit of Indians, Alaska Natives, Native Hawaiians, or an Indian tribe.”; and

(2) in paragraph (2), in the matter preceding subparagraph (A), by striking “paragraph (1)” and inserting “paragraph (1)(A)”.

(b) Funding.—Section 121 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4718) is amended—

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following:

“(c) Funding for Indians.—

“(1) IN GENERAL.—There are authorized to be appropriated, and there are appropriated, out of any monies in the Treasury not otherwise appropriated, to the Fund for the purpose of providing financial assistance, technical assistance, training, and outreach programs to benefit Indian tribes, primarily through Native Community Development Financial Institutions with experience and expertise in community development banking and lending in Indian country, and that are committed to working with Indian organizations, Indian tribes, tribal organizations, and other appropriate individuals and entities—

“(A) for fiscal year 2023, $55,000,000;

“(B) for fiscal year 2024, $65,000,000;

“(C) for fiscal year 2025, $70,000,000;

“(D) for fiscal year 2026, $75,000,000; and

“(E) for fiscal year 2027 and each fiscal year thereafter, $80,000,000, subject to paragraph (2).

“(2) ADJUSTMENT FOR INFLATION.—The amounts made available under paragraph (1)(E) for fiscal year 2028 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.”.

(a) Federal Water Pollution Control Act.—Section 518 of the Federal Water Pollution Control Act (33 U.S.C. 1377) is amended—

(1) in subsection (c)(2), by striking “0.5 percent and not more than 2.0 percent” and inserting “5 percent”; and

(2) in subsection (f), in the second sentence, by striking “subsection (d) of this section” and inserting “subsection (e)”.

(b) Safe Drinking Water Act.—Section 1452(i)(1) of the Safe Drinking Water Act (42 U.S.C. 300j–12(i)(1)) is amended—

(1) in the second sentence, by striking “Except as” and inserting the following: