II 

117TH CONGRESS 

2D SESSION S. 5186 

To ensure progress toward the fulfillment by the Federal Government of 

its trust and treaty obligations to Native Americans and Tribal governments, to ensure funding for programs for Native Americans and Tribal 

governments, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 5, 2022 

Ms. WARREN introduced the following bill; which was read twice and referred 

to the Committee on Indian Affairs 

A BILL 

To ensure progress toward the fulfillment by the Federal 

Government of its trust and treaty obligations to Native 

Americans and Tribal governments, to ensure funding 

for programs for Native Americans and Tribal governments, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Honoring Promises to Native Nations Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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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. 

TITLE I—CRIMINAL JUSTICE AND PUBLIC SAFETY 

Sec. 101. Findings. 

Sec. 102. Sense of Congress. 

Sec. 103. Full Tribal criminal jurisdiction. 

Sec. 104. Bureau of Prisons tribal prisoner program. 

Sec. 105. Tribal justice systems. 

Sec. 106. Grants to Indian tribes under public safety and community policing 

grant program. 

Sec. 107. Bureau of Indian Affairs law enforcement and detention. 

Sec. 108. Written consent of an Indian tribe prior to an execution of a tribal 

member by the United States. 

Sec. 109. Indian victims of crime. 

Sec. 110. Victim advocates for Native Americans. 

Sec. 111. Special Tribal criminal jurisdiction. 

Sec. 112. National Indian Country Clearinghouse on Sexual Assault. 

Sec. 113. Tribal access program. 

Sec. 114. Tiwahe Initiative. 

Sec. 115. Reviews on Native Hawaiian interactions with law enforcement. 

TITLE II—HEALTH CARE 

Sec. 201. Findings. 

Sec. 202. Sense of Congress. 

Sec. 203. Mandatory funding for Indian Health Service. 

Sec. 204. Sanitation facilities construction program. 

Sec. 205. Special diabetes programs for Indians. 

Sec. 206. Special diabetes program for Native Hawaiians. 

Sec. 207. Permanent extension of full Federal medical assistance percentage to 

urban Indian organizations. 

Sec. 208. Qualified Indian provider services. 

Sec. 209. Remove limitation on payment for services furnished by Indian 

Health Care Providers outside a clinic facility. 

Sec. 210. Native Hawaiian health care. 

Sec. 211. Funding for tribal epidemiology centers. 

Sec. 212. State option to provide medical assistance for residential addiction 

treatment facility services. 

Sec. 213. Conferring with urban Indian organizations. 

Sec. 214. Medicaid work requirement exemption. 

Sec. 215. Medicaid program policies for members of Indian tribes. 


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TITLE III—EDUCATION 

Sec. 301. Findings. 

Sec. 302. Sense of Congress. 

Sec. 303. Mandatory funding for Tribal Colleges and Universities. 

Sec. 304. Expanding instruction and outreach by Tribal Colleges and Universities and other amendments. 

Sec. 305. Endowment funds of Tribal Colleges and Universities. 

Sec. 306. Full funding for operation of Bureau-funded schools. 

Sec. 307. Bureau of Indian Education school construction, modernization, and 

repair. 

Sec. 308. Tribal College and University construction, modernization, and repair. 

Sec. 309. Support for Native students and educators in Native-serving schools. 

Sec. 310. Johnson-O’Malley funding. 

Sec. 311. Native languages. 

Sec. 312. Culturally inclusive education. 

Sec. 313. Alaska Native education programs. 

Sec. 314. Every Student Succeeds Act implementation. 

Sec. 315. Funding for local Tribal educational agencies and Tribal education 

offices. 

Sec. 316. Graduate opportunities at Tribal Colleges and Universities. 

TITLE IV—HOUSING 

Sec. 401. Findings. 

Sec. 402. Sense of Congress. 

Sec. 403. Indian housing block grant program. 

Sec. 404. Native Hawaiian housing block grant program. 

Sec. 405. Set-aside of USDA rural housing funding for Indian tribes. 

Sec. 406. Restoring authority of Indian tribes and tribally designated housing 

entities in certain housing programs. 

Sec. 407. Indian community development block grants. 

Sec. 408. Loan guarantees for Indian housing. 

Sec. 409. Loan guarantees for Native Hawaiian housing. 

Sec. 410. Direct housing loans for Native American veterans program. 

Sec. 411. Tribal HUD–VASH program. 

Sec. 412. Housing improvement program, Bureau of Indian Affairs. 

Sec. 413. Tribal uninhabitable housing improvement program. 

Sec. 414. Coordinated Environmental Review Process Workgroup. 

TITLE V—ECONOMIC DEVELOPMENT 

Sec. 501. Findings. 

Sec. 502. Sense of Congress. 

Subtitle A—Economic Development, Infrastructure, and Investments 

Sec. 511. Tribal transportation program. 

Sec. 512. Tribal high priority projects program. 

Sec. 513. Bureau of Indian Affairs road maintenance program. 

Sec. 514. Tribal transit program. 

Sec. 515. Tribal transportation technical assistance program. 

Sec. 516. Rural development tribal technical assistance program. 

Sec. 517. Native American community development financial institutions assistance program. 

Sec. 518. Tribal revolving funds. 


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Sec. 519. Tribal water pollution control. 

Sec. 520. Rural utilities service water and waste disposal program. 

Sec. 521. Funding for Claims Resolution Act of 2010. 

Subtitle B—Spectrum Sovereignty and Broadband Deployment on Tribal 

Lands 

Sec. 531. Tribal Broadband Fund. 

Sec. 532. Office of Native Affairs and Policy, Federal Communications Commission. 

Sec. 533. Immediate deployment of broadband service on Tribal lands. 

Sec. 534. FCC Tribal spectrum market. 

Sec. 535. E-rate. 

Sec. 536. ReConnect Program. 

Sec. 537. USDA Office of Tribal Relations. 

Sec. 538. Annual reporting requirements. 

Sec. 539. Definitions. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to acknowledge the chronic failure of the 

4 Federal Government— 

5 (A) to fulfill its trust responsibilities to 

6 American Indians, Alaska Natives, and Indian 

7 tribes; and 

8 (B) to respect its special political and legal 

9 relationship with Native Hawaiians; 

10 (2) to acknowledge the treaty obligations of the 

11 Federal Government to American Indians, Alaska 

12 Natives, and Indian tribes, which have never been 

13 fulfilled; 

14 (3) to ensure progress toward the fulfillment of 

15 trust and treaty obligations of the Federal Govern16 ment; 


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1 (4) to ensure progress toward adequate funding 

2 for programs for American Indians, Alaska Natives, 

3 Native Hawaiians, and Indian tribes; 

4 (5) to reaffirm and uphold Tribal sovereignty 

5 and self-governance; and 

6 (6) to acknowledge the broken promises of the 

7 Federal Government to Indian tribes and Native 

8 Hawaiians, as embodied by— 

9 (A) the failure to uphold treaty obligations; 

10 (B) the failure to fund programs that 

11 should have been fully funded in exchange for 

12 the loss of life and indigenous homelands; 

13 (C) the ceded land and stolen natural re14 sources from Tribal lands; and 

15 (D) the acts taken to extinguish Native 

16 American culture and the traditions of Amer17 ican Indians, Alaska Natives, and Native Ha18 waiians. 

19 SEC. 3. FINDINGS. 

20 Congress finds that— 

21 (1) in December 2018, the United States Com22 mission on Civil Rights issued a report entitled 

23 ‘‘Broken Promises: Continuing Federal Funding 

24 Shortfall for Native Americans’’, which made a numVerDate Sep 11 2014 22:24 Dec 21, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5186.IS S5186

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1 ber of important findings, which are related to the 

2 findings described in paragraphs (2) through (8); 

3 (2) the unique government-to-government rela4 tionship between the Federal Government and In5 dian tribes, and the trust responsibility and obliga6 tions of the Federal Government to American Indi7 ans, Alaska Natives, and Indian tribes, are— 

8 (A) enumerated in the United States Con9 stitution, Acts of Congress, Executive orders, 

10 Supreme Court precedent, and Federal policies 

11 and regulations; and 

12 (B) as applicable, established in Indian 

13 treaties signed by the United States; 

14 (3) Congress has also passed more than 150 

15 laws that promote the welfare of Native Hawaiians 

16 and affirm a special political and legal relationship 

17 with Native Hawaiians arising out of their status as 

18 Indigenous, Native people; 

19 (4) Federal programs designed to support the 

20 social and economic well-being of American Indians, 

21 Alaska Natives, Native Hawaiians, and Indian tribes 

22 remain chronically underfunded and sometimes inef23 ficiently structured, which— 

24 (A) leaves many basic obligations of the 

25 Federal Government in rural and urban areas 


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1 with large populations of Native Americans 

2 unmet; and 

3 (B) contributes to the inequities observed 

4 in Native American communities; 

5 (5) woefully inadequate Federal funding for 

6 Native American programs often comes with restric7 tions that hamper access to funds, including indirect 

8 allocations of Federal funding to State governments 

9 to be provided to Tribal governments and Native 

10 American communities at the State’s discretion, 

11 which further diminishes the direct government-to12 government relationship between the Federal Gov13 ernment and Indian tribes and other funding mecha14 nisms for Native American communities; 

15 (6) Congress often provides funding for Native 

16 American programs in a manner that makes effi17 cient long-term planning and budgeting impossible 

18 or exceedingly difficult for Tribal governments, trib19 al organizations, urban Indian organizations, and 

20 Native American communities; 

21 (7) the Federal Government continues to fail to 

22 keep accurate, consistent, and comprehensive records 

23 of Federal spending for Native American programs, 

24 either for a given fiscal year or for longer time peri25 ods, making monitoring of Federal spending to meet 


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1 the trust responsibility and obligations of the Fed2 eral Government difficult; and 

3 (8)(A) the Federal Government continues to in4 sufficiently track Native American populations and 

5 use outdated or incomplete data points, contributing 

6 to the lack of adequate funding provided for nec7 essary resources; 

8 (B) there is a critical need for more accurate 

9 and current data collection for American Indians, 

10 Alaska Natives, and Native Hawaiians, including 

11 disaggregated data on those populations; and 

12 (C) inaccurate and undercounted data can neg13 atively impact Federal funds and services received 

14 by American Indian, Alaska Native, and Native Ha15 waiian communities. 

16 SEC. 4. SENSE OF CONGRESS. 

17 It is the sense of Congress that— 

18 (1) Indian tribes are distinct sovereigns that 

19 have a government-to-government relationship with 

20 the Federal Government; 

21 (2)(A) the Federal Government has trust and 

22 treaty obligations to Indian tribes that are estab23 lished in treaties signed by the United States and 

24 enumerated in the Constitution of the United States, 


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1 Acts of Congress, Executive orders, Supreme Court 

2 precedent, and Federal policies and regulations; and 

3 (B) those treaties, like all treaties made under 

4 the authority of the United States, are the supreme 

5 law of the land, as recognized in article VI of the 

6 Constitution of the United States; 

7 (3)(A) the Federal Government has historically 

8 failed to carry out its promises and trust and treaty 

9 obligations to American Indians, Alaska Natives, In10 dian tribes, and, as applicable, Native Hawaiians; 

11 and 

12 (B) those failures— 

13 (i) are ongoing, as the Federal Government 

14 continually fails to adequately support the so15 cial and economic well-being of American Indi16 ans, Alaska Natives, Native Hawaiians, and In17 dian tribes; and 

18 (ii) have created a civil rights crisis; 

19 (4) the historical failures of the Federal Gov20 ernment described in paragraph (3) include— 

21 (A) federally mandated depopulation of 

22 Native Americans, including— 

23 (i) numerous massacres carried out by 

24 the United States; and 


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1 (ii) the forced relocation efforts and 

2 genocide practices carried out by the 

3 United States; 

4 (B) successive oppressive government poli5 cies, such as the allotment and assimilation, 

6 termination, and relocation eras; 

7 (C) suppression, assimilation, and cultural 

8 annihilation practices carried out against the 

9 United States Indigenous peoples; and 

10 (D) an ongoing failure to acknowledge that 

11 the lands that make up the United States are 

12 indigenous lands; 

13 (5) the Federal Government must do far more 

14 to live up to its trust and treaty obligations to 

15 American Indians and Alaska Natives and Indian 

16 tribes, for just as the United States expects all na17 tions to live up to their own treaty obligations, the 

18 United States should live up to its own promises; 

19 (6) the Federal Government can empower 

20 American Indians, Alaska Natives, and Native Ha21 waiians to realize enormous potential by honoring its 

22 promises and obligations through the enactment of 

23 legislation; and 

24 (7) American Indians, Alaska Natives, and Na25 tive Hawaiians have long demonstrated remarkable 


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1 strength, resilience, and revitalization despite the 

2 broken promises of the Federal Government and 

3 failure to acknowledge their contributions to the 

4 United States. 

5 SEC. 5. DEFINITIONS. 

6 In this Act: 

7 (1) HAWAIIAN HOME LANDS.—The term ‘‘Ha8 waiian home lands’’ means land held in trust for 

9 Native Hawaiians by the State of Hawaii pursuant 

10 to the Hawaiian Homes Commission Act, 1920 (42 

11 Stat. 108, chapter 42). 

12 (2) INDIAN COUNTRY.—The term ‘‘Indian coun13 try’’ has the meaning given the term in section 1151 

14 of title 18, United States Code. 

15 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

16 means the governing body of any individually identi17 fied and federally recognized Indian or Alaska Na18 tive tribe, band, nation, pueblo, village, community, 

19 affiliated Tribal group, or component reservation in20 cluded on the list published pursuant to section 

21 104(a) of the Federally Recognized Indian Tribe 

22 List Act of 1994 (25 U.S.C. 5131(a)). 

23 (4) NATIVE HAWAIIAN ORGANIZATION.— 


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1 (A) IN GENERAL.—The term ‘‘Native Ha2 waiian organization’’ means any private non3 profit entity— 

4 (i) that serves the best interests of 

5 Native Hawaiians; 

6 (ii) in which Native Hawaiians serve 

7 in substantive and policymaking positions; 

8 (iii) that has as a primary and stated 

9 purpose the provision of services to Native 

10 Hawaiians; and 

11 (iv) that has expertise in Native Ha12 waiian affairs. 

13 (B) INCLUSIONS.—The term ‘‘Native Ha14 waiian organization’’ includes— 

15 (i) the Native Hawaiian Health Care 

16 System; and 

17 (ii) the Office of Hawaiian Affairs. 

18 (5) TRIBAL LANDS.— 

19 (A) IN GENERAL.—The term ‘‘Tribal 

20 lands’’ has the meaning given the term in sec21 tion 73.7000 of title 47, Code of Federal Regu22 lations (as in effect on the date of enactment of 

23 this Act). 

24 (B) INCLUSIONS.—The term ‘‘Tribal 

25 lands’’ includes— 


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1 (i) Indian country; 

2 (ii) fee simple and restricted fee land 

3 held by an Indian tribe; and 

4 (iii) Hawaiian home lands. 

5 (6) TRIBAL ORGANIZATION.—The term ‘‘tribal 

6 organization’’ has the meaning given the term in 

7 section 4 of the Indian Self-Determination and Edu8 cation Assistance Act (25 U.S.C. 5304). 

9 (7) URBAN INDIAN ORGANIZATION.—The term 

10 ‘‘urban Indian organization’’ has the meaning given 

11 the term in section 4 of the Indian Health Care Im12 provement Act (25 U.S.C. 1603). 

13 SEC. 6. ADVANCE APPROPRIATIONS. 

14 (a) ADVANCE APPROPRIATIONS.— 

15 (1) DEFINITIONS.—In this subsection: 

16 (A) APPLICABLE SECRETARY.—The term 

17 ‘‘applicable Secretary’’ means— 

18 (i) with respect to actions involving 

19 the covered accounts described in subpara20 graph (B)(i), the Secretary of the Interior; 

21 and 

22 (ii) with respect to actions involving 

23 the covered accounts described in subpara24 graph (B)(ii), the Secretary of Health and 

25 Human Services. 


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1 (B) COVERED ACCOUNT.—The term ‘‘cov2 ered account’’ means the following: 

3 (i) The following accounts of the De4 partment of the Interior: 

5 (I) Operation of Indian Pro6 grams. 

7 (II) Operation of Indian Edu8 cation Programs. 

9 (III) Contract Support Costs. 

10 (IV) Payments for Tribal Leases. 

11 (V) Bureau of Indian Affairs 

12 Construction. 

13 (VI) Bureau of Indian Education 

14 Construction. 

15 (VII) Indian Guaranteed Loan 

16 Program Account. 

17 (ii) The Indian Health Service ac18 count of the Department of Health and 

19 Human Services. 

20 (iii) The Native Hawaiian Health 

21 Care account of the Primary Health Care 

22 account of the Health Resources and Serv23 ices Administration of the Department of 

24 Health and Human Services that provides 


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1 annual appropriations to the Native Ha2 waiian Health care program. 

3 (C) UNFUNDED FISCAL YEAR.—The term 

4 ‘‘unfunded fiscal year’’, with respect to a cov5 ered account, means a fiscal year for which 

6 amounts are not made available under this Act 

7 for the covered account. 

8 (2) ADVANCE APPROPRIATIONS.—For the first 

9 unfunded fiscal year with respect to a covered ac10 count, and each fiscal year thereafter, new budget 

11 authority provided in an appropriation Act for the 

12 covered account shall— 

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

14 and 

15 (B) include, for the covered account, ad16 vance new budget authority that first becomes 

17 available for the first fiscal year after the fiscal 

18 year described in subparagraph (A). 

19 (3) ESTIMATES REQUIRED.—If the fiscal year 

20 for which the budget of the President is submitted 

21 pursuant to section 1105 of title 31, United States 

22 Code, is an unfunded fiscal year with respect to a 

23 covered account, the applicable Secretary shall in24 clude in documents submitted to Congress in sup25 port of the budget detailed estimates of the funds 


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1 necessary for the covered account for the fiscal year 

2 following the fiscal year for which the budget is sub3 mitted. 

4 (b) INFORMATION ON APPROPRIATIONS ESTI5 MATES.—Section 1105(a) of title 31, United States Code, 

6 is amended by adding at the end the following: 

7 ‘‘(40) information on estimates of appropria8 tions for the fiscal year following the fiscal year for 

9 which the budget is submitted for each covered ac10 count for which the fiscal year for which the budget 

11 is submitted is an unfunded fiscal year, as such 

12 terms are defined in section 6(a) of the Honoring 

13 Promises to Native Nations Act.’’. 

14 SEC. 7. SEQUESTRATION EXEMPTION. 

15 (a) IN GENERAL.—Section 255 of the Balanced 

16 Budget and Emergency Deficit Control Act of 1985 (2 

17 U.S.C. 905) is amended— 

18 (1) by redesignating subsection (k) as sub19 section (l); and 

20 (2) by inserting after subsection (j) the fol21 lowing: 

22 ‘‘(k) INDIAN HEALTH SERVICE AND OTHER INDIAN

23 PROGRAMS AND ACCOUNTS.—The following programs and 

24 accounts shall be exempt from reduction under any order 

25 issued under this part: 


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1 ‘‘United States Department of the Interior, In2 dian Affairs. 

3 ‘‘United States Department of Health and 

4 Human Services, Indian Health Service. 

5 ‘‘Native Hawaiian Health Care Program. 

6 ‘‘Native Hawaiian Education Program. 

7 ‘‘Alaska Native Education Program. 

8 ‘‘Indian Education Program. 

9 ‘‘All programs under the Native American 

10 Housing Assistance and Self-Determination Act of 

11 1996 (25 U.S.C. 4101 et seq.). 

12 ‘‘Any account for which amounts were made 

13 available under the Honoring Promises to Native 

14 Nations Act. 

15 ‘‘Any account designated as significant to In16 dian Tribes and Native Hawaiian organizations by 

17 the Administrator of the Office of Native Nations in 

18 the Office of Management and Budget under section 

19 8 of the Honoring Promises to Native Nations 

20 Act.’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

22 Section 256(e) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985 (2 U.S.C. 906(e)) is amend24 ed— 


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1 (1) in the subsection heading, by striking ‘‘IN2 DIAN HEALTH SERVICES AND FACILITIES,’’; and 

3 (2) in paragraph (2)— 

4 (A) by striking subparagraphs (C) and 

5 (D); and 

6 (B) by redesignating subparagraph (E) as 

7 subparagraph (C). 

8 SEC. 8. OFFICE OF MANAGEMENT AND BUDGET OFFICE OF 

9 NATIVE NATIONS. 

10 (a) ESTABLISHMENT.—There is established in the 

11 Office of Management and Budget the Office of Native 

12 Nations. 

13 (b) ADMINISTRATOR.— 

14 (1) IN GENERAL.—The Office of Native Na15 tions shall be headed by an Administrator, who shall 

16 be known as the Administrator of Native Nations 

17 (referred to in this section as the ‘‘Administrator’’). 

18 (2) CAREER POSITION.—The position of Admin19 istrator shall be a career position in the Office of the 

20 Director of Management and Budget. 

21 (3) ADMINISTRATIVE AND SUPPORT SERV22 ICES.—The Director of the Office of Management 

23 and Budget shall provide the Administrator with 

24 such administrative and support services as are nec25 essary to ensure that the Administrator carries out 


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1 the duties of the Administrator under this section in 

2 an efficient and expeditious manner. 

3 (c) DUTIES.—The Director of the Office of Manage4 ment and Budget shall delegate to the Administrator re5 sponsibility for— 

6 (1) coordinating with the rest of the Office of 

7 Management and Budget and the rest of the Execu8 tive branch on matters of funding for Federal pro9 grams and policy affecting American Indians, Alaska 

10 Natives, and Native Hawaiians; 

11 (2) compiling authoritative data on all Federal 

12 funding for Federal programs affecting American 

13 Indians, Alaska Natives, and Native Hawaiians; 

14 (3) ensuring that the budget requests of the In15 dian Health Service and the Bureau of Indian Af16 fairs indicate— 

17 (A) how much Federal funding is needed 

18 for Federal programs affecting American Indi19 ans, Alaska Natives, and Native Hawaiians to 

20 be fully funded, including how much funding is 

21 needed to perform Federal or non-divisible du22 ties; and 

23 (B) how far the Federal Government is 

24 from achieving that full funding; 


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1 (4) ensuring that personnel from the Office of 

2 Native Nations accompany Office of Management 

3 and Budget examiners to meetings with Federal 

4 agencies during the budget development process; 

5 (5) issuing to Federal agencies budget develop6 ment guidance that would fully fund Federal pro7 grams affecting American Indians, Alaska Natives, 

8 and Native Hawaiians; and 

9 (6) carrying out the additional responsibilities 

10 described in subsections (d) through (g). 

11 (d) ANNUAL CROSSCUTTING DOCUMENT.— 

12 (1) IN GENERAL.—Each fiscal year, the Admin13 istrator shall prepare a crosscutting document con14 taining detailed information, based on data from all 

15 Federal agencies, on the amount of Federal funding 

16 that is reaching Indian tribes, tribal organizations, 

17 Native Hawaiian organizations, and urban Indian 

18 organizations, which data shall be provided by the 

19 Federal agencies at the most granular level prac20 ticable. 

21 (2) REQUIREMENTS.—The document prepared 

22 under paragraph (1) shall— 

23 (A) be provided at the most granular level 

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1 dian tribes, tribal organizations, Native Hawai2 ian organizations, and urban Indian organiza3 tions; 

4 (B) indicate how funding is obligated, such 

5 as by grant or by formula; 

6 (C) indicate any determinative factors that 

7 are used to award an Indian tribe, tribal orga8 nization, or urban Indian organization competi9 tive grant funding in cases in which multiple 

10 Indian tribes, tribal organizations, and urban 

11 Indian organizations are competing for the 

12 same pool of funds; 

13 (D) indicate the amount of Federal funds 

14 that are allocated to State governments to sub15 sequently provide— 

16 (i) Federal funding to Indian tribes, 

17 tribal organizations, Native Hawaiian or18 ganizations, or urban Indian organizations, 

19 including whether the provision of the Fed20 eral funding by each State is mandatory or 

21 discretionary; and 

22 (ii) services for the benefit of Indian 

23 tribes, tribal organizations, Native Hawai24 ian organizations, or urban Indian organi25 zations; and 


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1 (E) specify— 

2 (i) whether Indian tribes, tribal orga3 nizations, Native Hawaiian organizations, 

4 and urban Indian organizations are com5 peting against States or units of local gov6 ernment for competitive grant funding; 

7 (ii) how much pass-through funding is 

8 allocated to Indian tribes; 

9 (iii) how much pass-through funding 

10 is successfully transferred to Indian tribes 

11 after Federal funds are allocated to Indian 

12 tribes; and 

13 (iv)(I) whether the grant funding re14 ceived by Indian tribes, tribal organiza15 tions, Native Hawaiian organizations, and 

16 urban Indian organizations is allocated 

17 from the same pool of funds from which 

18 States and units of local government re19 ceive grant funding; and 

20 (II) if so, what percentage of the pool 

21 of the allocated funds were disbursed to 

22 the Indian tribes, tribal organizations, Na23 tive Hawaiian organizations, and urban In24 dian organizations. 


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1 (3) ANNUAL IMPROVEMENT PROCESS.—In ac2 cordance with the Tribal consultation policy devel3 oped pursuant to subsection (f), the Administrator 

4 shall consult with Indian tribes, collaborate with Na5 tive Hawaiian organizations, and confer with urban 

6 Indian organizations not less frequently than annu7 ally to ascertain how the document prepared under 

8 paragraph (1) can be modified to make the docu9 ment more useful to Indian tribes, Native Hawaiian 

10 organizations, and urban Indian organizations. 

11 (4) PUBLIC AVAILABILITY.—The document pre12 pared under paragraph (1) shall be made publicly 

13 available. 

14 (e) ADDITION TO OMB ANALYTICAL PERSPECTIVES

15 VOLUME OF BUDGET.—The Administrator shall ensure 

16 that the Analytical Perspectives volume prepared by the 

17 Office of Management and Budget for the budget of the 

18 President each fiscal year includes provisions on the sub19 ject of aid to Tribal governments, which shall include the 

20 information contained in the annual crosscutting docu21 ment required under subsection (d) for that fiscal year. 

22 (f) OMB TRIBAL CONSULTATION POLICY.— 

23 (1) IN GENERAL.—The Administrator, in con24 sultation with Indian tribes and in collaboration with 

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1 al consultation policy applicable to the Office of 

2 Management and Budget that governs— 

3 (A) the interactions of the Office of Man4 agement and Budget with Indian tribes and 

5 Native Hawaiian organizations; and 

6 (B) the work of the Office of Management 

7 and Budget that has an impact on Indian tribes 

8 and Native Hawaiian organizations. 

9 (2) APPROVAL.— 

10 (A) IN GENERAL.—The Tribal consultation 

11 policy developed under paragraph (1) shall take 

12 effect only on the approval of the Director of 

13 the Office of Management and Budget. 

14 (B) DEADLINE.—Not later than 30 days 

15 after receipt of the Tribal consultation policy 

16 developed under paragraph (1), the Director of 

17 the Office of Management and Budget shall ap18 prove or disapprove the Tribal consultation pol19 icy. 

20 (g) REPORT.—Not later than 1 year after the date 

21 of enactment of this Act, the Administrator shall publish 

22 a report— 

23 (1) detailing what percentage of Federal fund24 ing for programs affecting American Indians, Alaska 


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1 Natives, and Native Hawaiians is provided to States 

2 for pass-through funding to Indian tribes; and 

3 (2) presenting options for Congress and the Ex4 ecutive branch to ensure that funds received by 

5 States and local entities for the benefit of American 

6 Indians, Alaska Natives, and Native Hawaiians are 

7 used for the intended purpose of the funds, includ8 ing options— 

9 (A) to eliminate or reduce the prevalence 

10 of State pass-through funding; and 

11 (B) instead to provide direct funding to In12 dian tribes and Native Hawaiian organizations. 

13 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section 

15 $2,000,000 for fiscal year 2023 and each fiscal year there16 after. 

17 SEC. 9. GAO AUDIT OF CROSSCUTTING INFORMATION. 

18 (a) IN GENERAL.—Not later than 1 year after the 

19 date on which the Administrator of Native Nations issues 

20 the first crosscutting document under section 8(d), and 

21 not less frequently than once every 3 years thereafter, the 

22 Comptroller General of the United States, in consultation 

23 with Indian tribes, in collaboration with Native Hawaiian 

24 organizations, and in conference with urban Indian orga25 nizations, shall conduct, and submit to Congress a report 


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1 describing the results of, an audit of the extent to which 

2 the processes designed and implemented by the Adminis3 trator of Native Nations accurately produce the informa4 tion contained in the crosscutting document. 

5 (b) INCLUSIONS.—Each audit conducted under sub6 section (a) shall review all Federal funding that is reach7 ing, or is intended for the benefit of, Indian tribes, tribal 

8 organizations, urban Indian organizations, and Native 

9 Hawaiian organizations. 

10 SEC. 10. WHITE HOUSE COUNCIL FOR NATIVE NATIONS. 

11 (a) IN GENERAL.—The provisions of Executive Order 

12 13647 (78 Fed. Reg. 39539 (July 1, 2013)) (as in effect 

13 on June 26, 2013) are enacted into law. 

14 (b) PUBLICATION.—In publishing this Act in slip 

15 form and in the United States Statutes at Large pursuant 

16 to section 112 of title 1, United States Code, the Archivist 

17 of the United States shall include after the date of ap18 proval at the end an appendix setting forth the text of 

19 the Executive order referred to in subsection (a) (as in 

20 effect on June 26, 2013). 

21 (c) MEMBERSHIP.— 

22 (1) IN GENERAL.—The White House Council 

23 on Native American Affairs (as established pursuant 

24 to subsection (a)) (referred to in this section as the 

25 ‘‘Council’’) shall be known as the ‘‘White House 


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1 Council for Native Nations’’ and shall be composed 

2 of the following members: 

3 (A) 2 members shall be appointed by the 

4 President from among elected Tribal leaders 

5 from each of the 12 regions of the Bureau of 

6 Indian Affairs. 

7 (B) 2 members shall be appointed by the 

8 President from among persons who are rep9 resentatives of Native Hawaiian organizations. 

10 (C) 1 member shall be appointed by the 

11 President pro tempore of the Senate, on the 

12 recommendation of the Majority and Minority 

13 Leaders of the Senate, from among Members of 

14 the Committee on Indian Affairs of the Senate, 

15 which appointment shall be made, as applica16 ble— 

17 (i) for the first appointment, not later 

18 than 30 days after the date on which the 

19 first new Congress after the date of enact20 ment of this Act convenes; and 

21 (ii) for any vacancy, not later than 30 

22 days after the date on which the position 

23 becomes vacant. 

24 (D) 1 member shall be appointed by the 

25 Speaker of the House of Representatives, in 


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1 consultation with the Minority Leader of the 

2 House of Representatives, from among the 

3 Members of the Subcommittee for Indigenous 

4 Peoples of the United States of the Committee 

5 on Natural Resources of the House of Rep6 resentatives, which appointment shall be made, 

7 as applicable— 

8 (i) for the first appointment, not later 

9 than 30 days after the date on which the 

10 first new Congress after the date of enact11 ment of this Act convenes; and 

12 (ii) for any vacancy, not later than 30 

13 days after the date on which the position 

14 becomes vacant. 

15 (E) The members described in clauses (i) 

16 through (xxx) of section 3(a) of the Executive 

17 order referred to in subsection (a) (as in effect 

18 on June 26, 2013). 

19 (F) 1 member from each of the following: 

20 (i) The Office of the Deputy Secretary 

21 for Native Nations of the Department of 

22 the Interior. 

23 (ii) The Office of the Assistant Sec24 retary of Indian Affairs of the Department 

25 of the Interior. 


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1 (iii) The Office of Justice Services of 

2 the Bureau of Indian Affairs. 

3 (iv) The Indian Health Service. 

4 (v) The Office of Tribal Justice of the 

5 Department of Justice. 

6 (vi) The Office of Justice Programs of 

7 the Department of Justice. 

8 (vii) The Indian Resources Section of 

9 the Environment and Natural Resource 

10 Division of the Department of Justice. 

11 (viii) The Administration for Native 

12 Americans of the Department of Health 

13 and Human Services. 

14 (ix) The Office of Native Affairs and 

15 Policy of the Federal Communications 

16 Commission. 

17 (x) The Federal Bureau of Investiga18 tion. 

19 (xi) The Office on Violence Against 

20 Women of the Department of Justice. 

21 (xii) The Office of Insular Affairs of 

22 the Department of the Interior. 

23 (xiii) The Department of the Navy. 

24 (xiv) The Department of the Army. 


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1 (xv) The Administration for Children 

2 and Families of the Department of Health 

3 and Human Services. 

4 (xvi) The Health Resources and Serv5 ices Administration for the Department of 

6 Health and Human Services. 

7 (xvii) The Office of Public and Indian 

8 Housing of the Department of Housing 

9 and Urban Development. 

10 (xviii) The Chair of the United States 

11 Commission on Civil Rights. 

12 (xix) A Commissioner of the Federal 

13 Communications Commission. 

14 (G) The heads of such other Executive de15 partments, agencies, and offices as the Chair16 person may from time to time designate. 

17 (2) CHAIRPERSON.—The Secretary of the Inte18 rior shall serve as Chairperson of the Council. 

19 (d) ADDITIONAL SUBCOMMITTEES.—The Council 

20 shall establish the following additional subcommittees re21 lating to Native American affairs: 

22 (1) A subcommittee on sacred land. 

23 (2) A subcommittee on children, youth, families, 

24 education, and housing. 


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1 (3) A subcommittee on health care, mental 

2 health care, and suicide prevention. 

3 (4) A subcommittee on energy, economic devel4 opment, and jobs. 

5 (5) A subcommittee on law enforcement, Tribal 

6 justice systems, and jurisdiction. 

7 (6) A subcommittee on environment. 

8 (7) A subcommittee on connectivity, Tribal 

9 spectrum management, and affordable broadband. 

10 (8) Such other subcommittees as the Council 

11 determines necessary. 

12 SEC. 11. DEPUTY SECRETARY FOR NATIVE NATIONS IN THE 

13 DEPARTMENT OF THE INTERIOR. 

14 (a) ESTABLISHMENT.—There is established in the 

15 Department of the Interior (referred to in this section as 

16 the ‘‘Department’’) the position of Deputy Secretary for 

17 Native Nations, who shall— 

18 (1) report immediately to the Secretary of the 

19 Interior; and 

20 (2) be equal with the Deputy Secretary of the 

21 Interior. 

22 (b) DUTIES.—The Secretary of the Interior shall del23 egate to the Deputy Secretary for Native Nations respon24 sibility for— 


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1 (1) honoring Indian treaty obligations and the 

2 trust responsibility of the United States to American 

3 Indians and Alaska Natives, supporting self-deter4 mination, promoting self-sufficiency, and overseeing 

5 all affairs related to American Indians, Alaska Na6 tives, Native Hawaiians, and Indian tribes under the 

7 jurisdiction of the Department; 

8 (2) coordinating with Cabinet-level officials to 

9 ensure the effective provision of Federal support for 

10 Tribal self-government and programs for American 

11 Indians, Alaska Natives, Native Hawaiians, and In12 dian tribes and services under the Department; and 

13 (3) implementing Indian treaties, statutes, reg14 ulations, Executive and Secretarial orders, pro15 grams, policies, and other powers related to Amer16 ican Indians, Alaska Natives, Native Hawaiians, and 

17 Indian tribes. 

18 (c) AUTHORITY.— 

19 (1) IN GENERAL.—The Deputy Secretary for 

20 Native Nations shall oversee the following offices 

21 and functions: 

22 (A) Assistant Secretary for Indian Affairs. 

23 (B) Bureau of Indian Affairs, including 

24 the Office of Justice Services. 

25 (C) Bureau of Indian Education. 


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1 (D) Office of the Special Trustee for 

2 American Indians. 

3 (E) Office of Self-Governance. 

4 (2) ADDITIONAL AUTHORITY.—The Deputy 

5 Secretary for Native Nations shall coordinate the 

6 Native Nations affairs and activities of the White 

7 House Council on Native Nations for the President, 

8 Vice President, and Cabinet-level officials, subject to 

9 the immediate direction of the Secretary of the Inte10 rior. 

11 (3) AUTHORIZATION OF APPROPRIATIONS.— 

12 There are authorized to be appropriated to the Dep13 uty Secretary for Native Nations to carry out the re14 sponsibilities of the Deputy Secretary for Native Na15 tions under this section such sums as are necessary. 

16 SEC. 12. TRIBAL CONSULTATION BY FEDERAL AGENCIES. 

17 (a) PURPOSES.—The purposes of this section are— 

18 (1) to enumerate a non-exhaustive set of prin19 ciples to inform a codification of how Federal agen20 cies should engage in meaningful and timely Tribal 

21 consultation; 

22 (2) to underscore the importance of Tribal con23 sultation in the fulfilment of the trust and treaty ob24 ligations of the Federal Government; 


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1 (3) to affirm Tribal consultation and the prin2 ciple of free, prior, and informed consent as rights 

3 of Indian tribes, predicated on Tribal sovereignty 

4 and self-determination; and 

5 (4) to affirm the need for the entire Federal 

6 Government to recognize the importance of ‘‘regular 

7 and meaningful consultation and collaboration with 

8 tribal officials in the development of Federal policies 

9 that have tribal implications, to strengthen the 

10 United States government-to-government relation11 ships with Indian tribes, and to reduce the imposi12 tion of unfunded mandates upon Indian tribes,’’ as 

13 quoted in Executive Order 13175 and elaborated in 

14 the Presidential Memorandum of January 26, 2021. 

15 (b) FINDINGS.—Congress finds that— 

16 (1) as of January 2021, there existed more 

17 than 27 directives, handbooks, plans, policies, or18 ders, and similar documents implementing various 

19 Tribal consultation policies, totaling more than 300 

20 pages; 

21 (2) the current lack of centralization in Federal 

22 agencies’ Tribal consultation policies results in a 

23 large number of policies with which Indian tribes are 

24 expected to be familiar in order to engage in con25 sultation; 


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1 (3) the current lack of centralization in Federal 

2 agencies’ Tribal consultations— 

3 (A) results in a number of challenges, in4 cluding scheduling conflicts and unsustainable 

5 drains on the resources of Indian tribes and the 

6 time of Tribal leaders; and 

7 (B) reflect a lack of respect for Tribal 

8 leaders; 

9 (4) Federal agency consultation policies take 

10 dramatically different views on the purpose of Tribal 

11 consultation, resulting in significantly different expe12 riences for Indian tribes attempting to engage in 

13 meaningful nation-to-nation dialogue; and 

14 (5) history demonstrates that the Federal Gov15 ernment best serves Native American communities 

16 when Tribal governments are empowered to lead 

17 their own communities. 

18 (c) SENSE OF CONGRESS.—It is the sense of Con19 gress that— 

20 (1) consultation is a right between sovereigns, 

21 and the responsibilities and privileges associated 

22 with it cannot be delegated to other actors; 

23 (2) the purpose of Tribal consultation should be 

24 for the Federal Government to obtain the free, prior, 

25 and informed consent of affected Indian tribes; 


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1 (3) Tribal consultation— 

2 (A) is both a right of Indian tribes and a 

3 process; 

4 (B) should occur when any Federal rule5 making, legislation, policy, guidance, oper6 ational activity, grant or funding formula 

7 change, or other action may have a substantial 

8 direct effect on Indian tribes; 

9 (C) requires dialogue, which should often 

10 take place through formal face-to-face meetings, 

11 but may also occur through telephonic, elec12 tronic, or printed means; 

13 (D) should be used to empower Tribal gov14 ernments to lead their own communities; 

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

16 (ii) should be built upon the exchange of 

17 information; and 

18 (iii) should promote enhanced communica19 tion that emphasizes trust, respect, and shared 

20 responsibility; 

21 (F) should involve individuals with deci22 sion-making authority; and 

23 (G) in its current form is inadequate and 

24 requires far more from the Federal Govern25 ment; 


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1 (4) the records resulting from consultations be2 tween the Federal Government and Tribal govern3 ments should be maintained and published, subject 

4 to the condition that sensitive Tribal information 

5 should be protected; 

6 (5) for Tribal consultation to be effective, both 

7 Indian tribes and the Federal Government should 

8 have the capacity to engage effectively in the con9 sultation process; 

10 (6) any legislation or policy attempting to pre11 scribe the conditions of Tribal consultation should be 

12 preceded by the gathering of Tribal input with the 

13 goal of reaching a consensus on the proposed legisla14 tion; and 

15 (7) Indian tribes— 

16 (A) should be involved in the Tribal con17 sultation process on their request or as early as 

18 practicable; 

19 (B) should have a meaningful remedy for 

20 violations of their right to Tribal consultation; 

21 (C) should be entitled to a codified, formal 

22 dispute resolution process to provide the Indian 

23 tribes with a potential remedy when their rights 

24 as sovereigns are violated by the Federal Gov25 ernment; and 


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1 (D) should receive adequate notice, and 

2 sufficient information, about any Tribal con3 sultation sessions. 

4 SEC. 13. INTERAGENCY WORKING GROUP ON DATA COL5 LECTION. 

6 (a) IN GENERAL.—Not later 180 days after the date 

7 of enactment of this Act, the Deputy Secretary for Native 

8 Nations shall establish a working group, to be known as 

9 the ‘‘Interagency Working Group on Data Collection for 

10 Native Populations’’ (referred to in this section as the 

11 ‘‘Working Group’’). 

12 (b) PURPOSES.—The purposes of the Working Group 

13 are to develop and improve systems and methodologies for 

14 the collection of accurate and disaggregated data for 

15 American Indian, Alaska Native, and Native Hawaiian 

16 populations. 

17 (c) CHAIRPERSON; MEMBERSHIP.— 

18 (1) IN GENERAL.—The Deputy Secretary for 

19 Native Nations shall serve as the Chairperson of the 

20 Working Group. 

21 (2) MEMBERSHIP.— 

22 (A) IN GENERAL.—After engaging in Trib23 al consultation, the Deputy Secretary for Native 

24 Nations, in collaboration with the Director of 

25 the Bureau of the Census, shall appoint the 


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1 members of the Working Group in accordance 

2 with subparagraph (B). 

3 (B) REQUIREMENTS.—In appointing mem4 bers of the Working Group under subparagraph 

5 (A), the Deputy Secretary for Native Nations, 

6 in collaboration with the Director of the Bureau 

7 of the Census, shall include— 

8 (i) Tribal leaders representing each of 

9 the 12 regions of the Bureau of Indian Af10 fairs; 

11 (ii) Tribal data experts; 

12 (iii) representatives of urban Indian 

13 organizations; 

14 (iv) representatives of Native Hawai15 ian organizations; and 

16 (v) other members, as the Deputy 

17 Secretary determines to be necessary. 

18 (d) MEETINGS.—The Working Group shall meet at 

19 the call of the Chairperson. 

20 (e) DUTIES.—The duties of the Working Group shall 

21 be the following: 

22 (1) Provide a public report at least every 2 

23 years, and more often if the Working Group decides 

24 it is necessary, which shall be published on a pubVerDate Sep 11 2014 22:24 Dec 21, 2022 Jkt 039200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S5186.IS S5186

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1 licly available website established by the Working 

2 Group, on the following: 

3 (A) How to improve the quality and accu4 racy of data relied on by Federal agencies re5 garding American Indian, Alaska Native, and 

6 Native Hawaiian populations, including how to 

7 achieve appropriate disaggregation from other 

8 populations. 

9 (B) Making recommendations to develop 

10 and improve systems and methodologies that 

11 Federal agencies can replicate for the collection 

12 of accurate data on the populations referred to 

13 in subparagraph (A). 

14 (C) How to protect and uphold Tribal data 

15 sovereignty in the collection and use of the data 

16 described in subparagraph (B). 

17 (2) To receive input from Indian tribes, tribal 

18 organizations, urban Indian organizations, Native 

19 Hawaiian organizations, and Federal agencies, on an 

20 ongoing basis, about instances in which the accuracy 

21 and quality of the data described in paragraph 

22 (1)(B) requires improvement, to research how to 

23 achieve those improvements, and to make rec24 ommendations based on the findings of that re25 search. 


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1 (f) REPORT.—Not later than 1 year after the date 

2 of enactment of this Act, the Chairperson of the Working 

3 Group shall submit an initial report to the Committees 

4 on the Budget, Health, Education, Labor, and Pensions, 

5 and Indian Affairs of the Senate and the Committee on 

6 the Budget, the Subcommittee on Health of the Com7 mittee on Energy and Commerce, and the Subcommittee 

8 for Indigenous Peoples of the United States of the Com9 mittee on Natural Resources of the House of Representa10 tives. 

11 (g) TRIBAL CONSULTATION.—The Deputy Secretary 

12 for Native Nations, in collaboration with the Director of 

13 the Bureau of the Census, shall ensure that the Working 

14 Group engages in robust Tribal consultation with respect 

15 to the work of the Working Group. 

16 (h) TRIBAL DATA SOVEREIGNTY.—The Working 

17 Group shall conduct all its work respect for Tribal data 

18 sovereignty. 

19 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated such sums as may be 

21 necessary to carry out this section. 

22 TITLE I—CRIMINAL JUSTICE 

23 AND PUBLIC SAFETY 

24 SEC. 101. FINDINGS. 

25 Congress finds that— 


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1 (1) Tribal law enforcement agencies in Amer2 ican Indian and Alaska Native communities have 

3 fewer officers per capita than other law enforcement 

4 agencies nationwide, leaving residents of Indian 

5 country and Alaska Native Villages less safe and 

6 subject to higher rates of crime; 

7 (2) Native Americans are killed during police 

8 encounters at a higher rate than any other group; 

9 (3) Native Americans suffer as victims of vio10 lent crime at a rate that is 2.5 times the national 

11 average; 

12 (4) Native American women are 10 times more 

13 likely to be murdered and 2 times more likely to ex14 perience rape or experience sexual assault crimes; 

15 (5) the criminal justice system in its current 

16 form creates structural barriers and fails to recog17 nize Tribal sovereignty and inherent Tribal criminal 

18 jurisdiction on Tribal lands; 

19 (6) some Indian tribes established Tribal courts 

20 before some State courts; 

21 (7) for example, the Cherokee Nation opened its 

22 Supreme Court in 1822, 23 years before the State 

23 of Georgia opened its own Supreme Court; 


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1 (8) Indian tribes historically exercised criminal 

2 jurisdiction over non-Indians who committed crimes 

3 on Tribal lands; 

4 (9) for example, in 1825, the Muscogee (Creek) 

5 Nation passed a law criminalizing rape against 

6 women on Creek lands, which applied to all ‘‘per7 sons’’, regardless of Tribal citizenship status, and 

8 the Muscogee (Creek) Nation prosecuted non-Indian 

9 and Indian men who raped women on Creek lands; 

10 (10) the history of inadequate Federal funding 

11 for public safety on Tribal lands and complex legal 

12 jurisdiction on Tribal lands negatively impacts ac13 cess to counsel in Tribal courts; 

14 (11) in Oliphant v. Suquamish Indian Tribe, 

15 435 U.S. 191, 212 (1978), the Supreme Court con16 cluded that whether Indian tribes should ‘‘be author17 ized to try non-Indians’’ is a consideration ‘‘for Con18 gress to weigh’’; 

19 (12) the Supreme Court recently affirmed this 

20 holding in June 2021, in United States v. Cooley, 

21 141 S. Ct. 1638, 1643 (2021), concluding once 

22 again that ‘‘tribal authority remains subject to the 

23 plenary authority of Congress’’; 

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1 ties described in this section face chronic under2 funding; and 

3 (14) the special Tribal criminal jurisdiction ex4 ercised by Indian tribes pursuant to section 204 of 

5 Public Law 90–284 (25 U.S.C. 1304) (commonly 

6 known as the ‘‘Indian Civil Rights Act of 1968’’) 

7 has been a success. 

8 SEC. 102. SENSE OF CONGRESS. 

9 It is the sense of Congress that— 

10 (1) Congress should provide more resources for 

11 public safety and other programs of the Department 

12 of Justice and the Bureau of Indian Affairs that 

13 make American Indian and Alaska Native commu14 nities safer; 

15 (2) Congress should provide more resources for 

16 Tribal law enforcement agencies, Tribal courts, and 

17 Tribal detention centers to ensure Tribal sovereignty 

18 over public safety programs in Indian country and 

19 Alaska Native Villages; 

20 (3) Indian tribes have the inherent sovereign 

21 authority to exercise full criminal jurisdiction over 

22 persons— 

23 (A) within the sovereign territory of the 

24 Indian tribe; and 


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1 (B) who commit a violation of Tribal 

2 criminal law; 

3 (4) the Supreme Court of the United States, in 

4 Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 

5 (1978), violated the inherent sovereign authority of 

6 Indian tribes by wrongly limiting tribal criminal ju7 risdiction and removing Tribal authority to pros8 ecute non-Indians unless authorized by Congress; 

9 (5) the limitation by the Supreme Court of the 

10 United States of inherent Tribal jurisdiction has ef11 fectively granted non-Indians immunity for crimes 

12 committed in Indian country and Alaska Native Vil13 lages, leading to violence and criminal activity by 

14 non-Indians and preventing Indian tribes from tak15 ing recourse; 

16 (6) the Violence Against Women Reauthoriza17 tion Act of 2013 (Public Law 113–4; 127 Stat. 54) 

18 recognized and affirmed the inherent criminal juris19 diction of Indian tribes over non-Indians who com20 mit crimes of domestic violence against Indians in 

21 Indian country; 

22 (7) the Violence Against Women Reauthoriza23 tion Act of 2022 (Public Law 117–103; 136 Stat. 

24 840) recognized and affirmed the inherent criminal 

25 jurisdiction of Indian tribes over non-Indians who 


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1 commit crimes of assaults on Tribal justice per2 sonnel, child violence, obstruction of justice, sexual 

3 violence, sex trafficking, and stalking; 

4 (8) the jurisdiction of Indian tribes over the 

5 crimes described in paragraphs (6) and (7) is known 

6 as ‘‘special Tribal criminal jurisdiction’’; 

7 (9) the exercise of special Tribal criminal juris8 diction has allowed many Indian tribes to begin to 

9 address the crisis of violence against American In10 dian and Alaska Native women by holding offenders 

11 accountable and pursuing justice for victims; 

12 (10) the Indian tribes that have chosen to im13 plement special domestic violence criminal jurisdic14 tion under the Violence Against Women Reauthor15 ization Act of 2013 (Public Law 113–4; 127 Stat. 

16 54) have successfully upheld the rights of defendants 

17 under that Act and complied with the requirements 

18 of that Act, including due process protections, but 

19 this partial restoration of Tribal jurisdiction has 

20 proven insufficient to address the range of serious 

21 crimes committed by non-Indians in Indian country 

22 and Alaska Native Villages and in violation of Tribal 

23 criminal law, and as a result, a large number of vio24 lent crimes committed against Native victims go 

25 unprosecuted; and 


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1 (11) Congress has a trust duty and responsi2 bility, stemming from both the treaties signed with 

3 Indian tribes and the Constitution of the United 

4 States, to fund and support strong Tribal govern5 ments, which necessarily includes the funding of 

6 Tribal courts, Tribal law enforcement, and victim 

7 services. 

8 SEC. 103. FULL TRIBAL CRIMINAL JURISDICTION. 

9 (a) IN GENERAL.—Title II of Public Law 90–284 (25 

10 U.S.C. 1301 et seq.) (commonly known as the ‘‘Indian 

11 Civil Rights Act of 1968’’) is amended by adding at the 

12 end the following: 

13 ‘‘SEC. 205. FULL TRIBAL CRIMINAL JURISDICTION. 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) ALASKA NATIVE VILLAGE.—The term 

16 ‘Alaska Native Village’ means an Alaska Native Vil17 lage Statistical Area covering all or any portion of 

18 a Native village (as defined in section 3 of the Alas19 ka Native Claims Settlement Act (43 U.S.C. 1602)), 

20 as depicted on the applicable Tribal Statistical Area 

21 Program Verification map of the Bureau of the Cen22 sus. 

23 ‘‘(2) FULL CRIMINAL JURISDICTION.—The term 

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1 diction that a participating tribe may exercise under 

2 this section. 

3 ‘‘(3) INDIAN COUNTRY.—The term ‘Indian 

4 country’ has the meaning given the term in section 

5 1151 of title 18, United States Code. 

6 ‘‘(4) PARTICIPATING TRIBE.—The term ‘partici7 pating tribe’ means an Indian tribe that elects to ex8 ercise full criminal jurisdiction over the Indian coun9 try or Alaska Native Village of that Indian tribe. 

10 ‘‘(5) PROTECTION ORDER.—The term ‘protec11 tion order’— 

12 ‘‘(A) means any injunction, restraining 

13 order, or other order issued by a civil or crimi14 nal court for the purpose of preventing violent 

15 or threatening acts or harassment against, sex16 ual violence against, contact or communication 

17 with, or physical proximity to, another person; 

18 and 

19 ‘‘(B) includes any temporary or final order 

20 issued by a civil or criminal court, whether ob21 tained by filing an independent action or as a 

22 pendent lite order in another proceeding, if the 

23 civil or criminal order was issued in response to 

24 a complaint, petition, or motion filed by or on 

25 behalf of a person seeking protection. 


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1 ‘‘(b) NATURE OF THE CRIMINAL JURISDICTION.— 

2 ‘‘(1) IN GENERAL.—Notwithstanding any other 

3 provision of law, in addition to all powers of self-gov4 ernment recognized and affirmed by sections 201 

5 and 203, the powers of self-government of a partici6 pating tribe include the inherent power of that tribe, 

7 which is hereby recognized and affirmed, to exercise 

8 full criminal jurisdiction over any person who— 

9 ‘‘(A) commits a violation of tribal criminal 

10 law in the Indian country or Alaska Native Vil11 lage of that participating tribe; 

12 ‘‘(B) violates a protection order issued by 

13 a Tribal court; or 

14 ‘‘(C) commits a violation of tribal law out15 side of the Indian country or Alaska Native Vil16 lage of the participating tribe but within the in17 herent extraterritorial jurisdiction of the par18 ticipating tribe. 

19 ‘‘(2) APPLICABILITY.—Nothing in this sec20 tion— 

21 ‘‘(A) creates or eliminates any Federal or 

22 State criminal jurisdiction over Indian country 

23 or an Alaska Native Village; or 

24 ‘‘(B) affects the authority of the United 

25 States or any State that has been delegated auVerDate Sep 11 2014 22:24 Dec 21, 2022 Jkt 039200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S5186.IS S5186

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•S 5186 IS

1 thority by the United States to investigate and 

2 prosecute a criminal violation in Indian country 

3 or in an Alaska Native Village. 

4 ‘‘(3) EFFECT.—The authority of the United 

5 States and certain States described in paragraph 

6 (2)(B) shall remain concurrent to the authority re7 stored to Indian tribes in the Honoring Promises to 

8 Native Nations Act. 

9 ‘‘(c) REMOVAL OF LIMITATIONS ON SENTENCING.— 

10 Subparagraphs (B) through (D) of section 202(a)(7), sec11 tion 202(b), and section 202(d) shall not apply to a par12 ticipating tribe exercising full criminal jurisdiction under 

13 this section. 

14 ‘‘(d) RIGHTS OF DEFENDANTS.—In a criminal pro15 ceeding in which a participating tribe exercises full crimi16 nal jurisdiction over a non-Indian, the participating tribe 

17 shall provide the defendant— 

18 ‘‘(1) all applicable rights under this Act; 

19 ‘‘(2) all rights described in section 202(c), if a 

20 term of imprisonment of any length is imposed; 

21 ‘‘(3) the right to a trial by an impartial jury 

22 that is drawn from sources that— 

23 ‘‘(A) reflect a fair cross section of the com24 munity; and 


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•S 5186 IS

1 ‘‘(B) do not systemically exclude any dis2 tinctive group in the community, including non3 Indians; and 

4 ‘‘(4) all other rights whose protection is nec5 essary under the Constitution of the United States 

6 in order for Congress to recognize and affirm the in7 herent power of the participating tribe to exercise 

8 full criminal jurisdiction over the defendant. 

9 ‘‘(e) GRANTS TO TRIBAL GOVERNMENTS.—The At10 torney General may award grants to the governments of 

11 Indian tribes (or to authorized designees of those govern12 ments)— 

13 ‘‘(1) to strengthen tribal criminal justice sys14 tems to assist Indian tribes in exercising full crimi15 nal jurisdiction, including— 

16 ‘‘(A) law enforcement, including the capac17 ity of law enforcement or court personnel to 

18 enter information into and obtain information 

19 from national crime information databases; 

20 ‘‘(B) prosecution; 

21 ‘‘(C) trial and appellate courts; 

22 ‘‘(D) probation systems; 

23 ‘‘(E) detention and correctional facilities, 

24 including medical services and health care for 

25 inmates; 


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•S 5186 IS

1 ‘‘(F) alternative rehabilitation centers and 

2 reentry programs; 

3 ‘‘(G) culturally appropriate services and 

4 assistance for victims and the families of the 

5 victims; and 

6 ‘‘(H) criminal codes and rules of criminal 

7 procedure, appellate procedure, and evidence; 

8 ‘‘(2) to provide indigent criminal defendants 

9 with the effective assistance of licensed defense 

10 counsel, at no cost to the defendant, in criminal pro11 ceedings in which a participating tribe prosecutes a 

12 crime; and 

13 ‘‘(3) to ensure that, in criminal proceedings in 

14 which a participating tribe exercises full criminal ju15 risdiction, jurors are summoned, selected, and in16 structed in a manner consistent with all applicable 

17 requirements. 

18 ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Amounts made 

19 available under this section shall supplement and not sup20 plant any other Federal, State, tribal, or local government 

21 amounts made available to carry out activities described 

22 in this section. 

23 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

24 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

25 there is authorized to be appropriated to carry out 


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•S 5186 IS

1 subsection (e), and to provide training, technical as2 sistance, data collection, and evaluation of the crimi3 nal justice systems of participating tribes, and there 

4 is appropriated, out of any monies in the Treasury 

5 not otherwise appropriated, $25,000,000 for each of 

6 fiscal years 2023 through 2032. 

7 ‘‘(2) ADJUSTMENT FOR INFLATION.—The 

8 amount made available under paragraph (1) for each 

9 of fiscal years 2024 through 2032 shall be adjusted 

10 annually to reflect the change in the Consumer Price 

11 Index for All Urban Consumers published by the 

12 Bureau of Labor Statistics.’’. 

13 (b) EFFECTIVE DATE; PILOT PROJECT.— 

14 (1) GENERAL EFFECTIVE DATE.—Except as 

15 provided in paragraph (2), subsections (b) through 

16 (d) of section 205 of Public Law 90–284 (commonly 

17 known as the ‘‘Indian Civil Rights Act of 1968’’) 

18 shall take effect on the date that is 5 years after the 

19 date of enactment of this Act. 

20 (2) PILOT PROJECT.— 

21 (A) REQUESTS TO PARTICIPATE.— 

22 (i) IN GENERAL.—Except as provided 

23 in subparagraph (B), at any time during 

24 the 5-year period beginning on the date of 

25 enactment of this Act, an Indian tribe (as 


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•S 5186 IS

1 defined in section 201 of Public Law 90– 

2 284 (25 U.S.C. 1301) (commonly known 

3 as the ‘‘Indian Civil Rights Act of 1968’’)) 

4 may ask the Attorney General to designate 

5 the Indian tribe as a participating tribe 

6 under section 205 of Public Law 90–284 

7 (commonly known as the ‘‘Indian Civil 

8 Rights Act of 1968’’) on an accelerated 

9 basis. 

10 (ii) PROCEDURE.—The Attorney Gen11 eral may grant a request under clause (i) 

12 after coordinating with the Secretary of 

13 the Interior, consulting with affected In14 dian tribes, and concluding that the crimi15 nal justice system of the requesting Indian 

16 tribe has adequate safeguards in place to 

17 protect the rights of defendants, consistent 

18 with section 205 of Public Law 90–284 

19 (commonly known as the ‘‘Indian Civil 

20 Rights Act of 1968’’). 

21 (B) TRIBES EXERCISING SPECIAL DOMES22 TIC VIOLENCE CRIMINAL JURISDICTION.— 

23 (i) IN GENERAL.—At any time during 

24 the 5-year period beginning on the date of 

25 enactment of this Act, a participating tribe 


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•S 5186 IS

1 (as defined in section 204(a) of Public 

2 Law 90–284 (25 U.S.C. 1304(a)) (com3 monly known as the ‘‘Indian Civil Rights 

4 Act of 1968’’)) (referred to in this sub5 paragraph as a ‘‘tribe’’)— 

6 (I) may elect to exercise full 

7 criminal jurisdiction under section 

8 205 of that Act; and 

9 (II) shall notify the Attorney 

10 General of such election. 

11 (ii) PROCEDURE.—On notification by 

12 a tribe under clause (i)(II), the Attorney 

13 General shall designate the tribe as a par14 ticipating tribe under section 205 of Public 

15 Law 90–284 (commonly known as the ‘‘In16 dian Civil Rights Act of 1968’’). 

17 (C) EFFECTIVE DATES FOR PILOT

18 PROJECTS.—An Indian tribe designated as a 

19 participating tribe under subparagraph (A)(ii) 

20 or (B)(ii) may commence exercising full crimi21 nal jurisdiction pursuant to subsections (b) 

22 through (d) of section 205 of Public Law 90– 

23 284 (commonly known as the ‘‘Indian Civil 

24 Rights Act of 1968’’) on a date chosen by the 


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•S 5186 IS

1 Indian tribe, on the condition that the date 

2 shall be— 

3 (i) not earlier than the date that is 15 

4 days after the date on which the Indian 

5 tribe is designated as a participating tribe 

6 under subparagraph (A)(ii) or (B)(ii), as 

7 applicable; and 

8 (ii) not later than the date that is 5 

9 years after the date of enactment of this 

10 Act. 

11 (c) PETITIONS TO STAY DETENTION.—Section 

12 204(e) of Public Law 90–284 (25 U.S.C. 1304(e)) (com13 monly known as the ‘‘Indian Civil Rights Act of 1968’’) 

14 is amended— 

15 (1) in paragraph (2)— 

16 (A) by redesignating subparagraphs (A) 

17 and (B) as clauses (ii) and (iii), respectively, 

18 and indenting appropriately; 

19 (B) in the matter preceding clause (ii) (as 

20 so redesignated), by striking ‘‘A court’’ and in21 serting the following: 

22 ‘‘(A) IN GENERAL.—A court’’; 

23 (C) in subparagraph (A) (as so des24 ignated), by inserting before clause (ii) (as so 

25 redesignated) the following: 


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•S 5186 IS

1 ‘‘(i) finds that the person has ex2 hausted all tribal court remedies;’’; and 

3 (D) by adding at the end the following: 

4 ‘‘(B) VICTIMLESS CRIMES.—If the crime 

5 committed by a defendant petitioning for a stay 

6 under paragraph (1) is a victimless crime, the 

7 court shall not be required to make a finding 

8 described in subparagraph (A)(iii).’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(3) NOTICE.—An Indian tribe that has or11 dered the detention of any person has a duty to 

12 timely notify the person of the rights and privileges 

13 the person has under this subsection and under sec14 tion 203.’’. 

15 SEC. 104. BUREAU OF PRISONS TRIBAL PRISONER PRO16 GRAM. 

17 Section 234(c) of the Tribal Law and Order Act of 

18 2010 (25 U.S.C. 1302a) is amended— 

19 (1) in paragraph (2)— 

20 (A) in subparagraph (B), by striking 

21 ‘‘(comparable to the’’ and all that follows 

22 through ‘‘United States Code)’’; and 

23 (B) by striking subparagraph (D); and 

24 (2) by striking paragraph (4). 


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•S 5186 IS

1 SEC. 105. TRIBAL JUSTICE SYSTEMS. 

2 (a) IN GENERAL.—Section 103(a) of the Indian Trib3 al Justice Act (25 U.S.C. 3613(a)) is amended— 

4 (1) by striking the subsection designation and 

5 heading and all that follows through ‘‘Pursuant to’’ 

6 and inserting the following: 

7 ‘‘(a) AUTHORIZATION.— 

8 ‘‘(1) IN GENERAL.—Pursuant to’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(2) REQUIREMENT.—The Secretary shall enter 

11 into contracts, grants, or agreements with Indian 

12 tribes under paragraph (1) without regard to wheth13 er the Indian tribe is located in a State listed in sec14 tion 1162(a) of title 18, United States Code, or sec15 tion 1360(a) of title 28, United States Code.’’. 

16 (b) FUNDING.—Section 201 of the Indian Tribal Jus17 tice Act (25 U.S.C. 3621) is amended— 

18 (1) in each of subsections (a), (c), and (d), by 

19 striking ‘‘2011 through 2015’’ each place it appears 

20 and inserting ‘‘2022 through 2026’’; and 

21 (2) by striking subsection (b) and inserting the 

22 following: 

23 ‘‘(b) BASE SUPPORT FUNDING FOR TRIBAL JUSTICE

24 SYSTEMS.— 

25 ‘‘(1) IN GENERAL.—There are authorized to be 

26 appropriated to carry out section 103, and there are 


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•S 5186 IS

1 appropriated, out of any monies in the Treasury not 

2 otherwise appropriated— 

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

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

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

6 ‘‘(D) $259,000,000 for fiscal year 2026; 

7 and 

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

9 ‘‘(2) ADJUSTMENT FOR INFLATION.—The 

10 amount made available under paragraph (1) for each 

11 of fiscal years 2024 through 2027 shall be adjusted 

12 annually to reflect the change in the Consumer Price 

13 Index for All Urban Consumers published by the 

14 Bureau of Labor Statistics.’’. 

15 SEC. 106. GRANTS TO INDIAN TRIBES UNDER PUBLIC SAFE16 TY AND COMMUNITY POLICING GRANT PRO17 GRAM. 

18 Section 1701(j) of the Omnibus Crime Control and 

19 Safe Streets Act of 1968 (34 U.S.C. 10381(j)) is amend20 ed— 

21 (1) in paragraph (2)— 

22 (A) by striking ‘‘In providing’’ and insert23 ing the following: 

24 ‘‘(A) IN GENERAL.—In providing’’; and 

25 (B) by adding at the end the following: 


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•S 5186 IS

1 ‘‘(B) REQUIREMENT.—The Attorney Gen2 eral shall provide grants to Indian tribal gov3 ernments under this subsection without regard 

4 to whether the Indian tribe of the Indian tribal 

5 government is located in a State listed in sec6 tion 1162(a) of title 18, United States Code, or 

7 section 1360(a) of title 28, United States 

8 Code.’’; and 

9 (2) by striking paragraph (4) and inserting the 

10 following: 

11 ‘‘(4) FUNDING.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), there is authorized to be appro14 priated to carry out this subsection, and there 

15 is appropriated, out of any monies in the Treas16 ury not otherwise appropriated, $52,000,000 

17 for fiscal year 2023 and each fiscal year there18 after. 

19 ‘‘(B) ADJUSTMENT FOR INFLATION.—The 

20 amount made available under subparagraph (A) 

21 for fiscal year 2024 and each fiscal year there22 after shall be adjusted annually to reflect the 

23 change in the Consumer Price Index for All 

24 Urban Consumers published by the Bureau of 

25 Labor Statistics.’’. 


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•S 5186 IS

1 SEC. 107. BUREAU OF INDIAN AFFAIRS LAW ENFORCEMENT 

2 AND DETENTION. 

3 (a) IN GENERAL.—There is authorized to be appro4 priated to the Director of the Bureau of Indian Affairs 

5 to carry out the law enforcement and detention activities 

6 of the Bureau of Indian Affairs, and there is appropriated, 

7 out of any monies in the Treasury not otherwise appro8 priated, $1,200,000,000 for fiscal year 2023 and each fis9 cal year thereafter. 

10 (b) ADJUSTMENT FOR INFLATION.—The amount 

11 made available under subsection (a) for fiscal year 2024 

12 and each fiscal year thereafter shall be adjusted annually 

13 to reflect the change in the Consumer Price Index for All 

14 Urban Consumers published by the Bureau of Labor Sta15 tistics. 

16 (c) REQUIREMENT.—The Director of the Bureau of 

17 Indian Affairs shall provide law enforcement and deten18 tion services to Tribal communities without regard to 

19 whether the Tribal community is located in a State listed 

20 in section 1162(a) of title 18, United States Code, or sec21 tion 1360(a) of title 28, United States Code. 

22 SEC. 108. WRITTEN CONSENT OF AN INDIAN TRIBE PRIOR 

23 TO AN EXECUTION OF A TRIBAL MEMBER BY 

24 THE UNITED STATES. 

25 Section 3598 of title 18, United States Code, is 

26 amended— 


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•S 5186 IS

1 (1) by striking ‘‘under this chapter for any of2 fense the Federal jurisdiction for’’ and inserting the 

3 following: ‘‘under this chapter for— 

4 ‘‘(1) any offense the Federal jurisdiction for’’; 

5 (2) by striking ‘‘within the boundaries of Indian 

6 country,’’ and inserting the following: ‘‘within the 

7 boundaries of Indian country; or 

8 ‘‘(2) any offense the Federal jurisdiction for 

9 which is predicated solely on the offender’s use or 

10 taking of an object that has been transported, 

11 shipped, or received in interstate or foreign com12 merce, when the offender was not directly involved 

13 in such transportation, shipping, or receiving,’’; and 

14 (3) by striking ‘‘unless the governing body’’ and 

15 inserting the following: 

16 ‘‘unless the governing body’’. 

17 SEC. 109. INDIAN VICTIMS OF CRIME. 

18 (a) GRANT PROGRAM FOR INDIAN CRIME VICTIM

19 SERVICES.—The Victims of Crime Act of 1984 (34 U.S.C. 

20 20101 et seq.) is amended by inserting after section 

21 1404F the following: 

22 ‘‘SEC. 1404G. GRANT PROGRAM FOR INDIAN CRIME VICTIM 

23 SERVICES. 

24 ‘‘(a) DEFINITIONS.—In this section: 


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•S 5186 IS

1 ‘‘(1) ELIGIBLE INDIAN TRIBE.—The term ‘eligi2 ble Indian tribe’ means an Indian tribe that submits 

3 a written proposal for a covered grant to the Direc4 tor in accordance with subsection (c)(2). 

5 ‘‘(2) IMMEDIATE FAMILY MEMBER.—The term 

6 ‘immediate family member’ has the meaning given 

7 the term in section 115(c) of title 18, United States 

8 Code. 

9 ‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ 

10 has the meaning given the term in section 4 of the 

11 Indian Self-Determination and Education Assistance 

12 Act (25 U.S.C. 5304). 

13 ‘‘(4) PERSONALLY IDENTIFYING INFORMA14 TION.—The term ‘personally identifying information’ 

15 has the meaning given the term in section 40002(a) 

16 of the Violence Against Women Act of 1994 (34 

17 U.S.C. 12291(a)). 

18 ‘‘(5) SERVICES TO VICTIMS OF CRIME.—The 

19 term ‘services to victims of crime’— 

20 ‘‘(A) has the meaning given the term in 

21 section 1404; and 

22 ‘‘(B) includes efforts that— 

23 ‘‘(i) respond to the emotional, psycho24 logical, or physical needs of a victim of 

25 crime; 


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•S 5186 IS

1 ‘‘(ii) assist a victim of crime in stabi2 lizing his or her life after victimization; 

3 ‘‘(iii) assist a victim of crime in un4 derstanding and participating in the crimi5 nal justice system; or 

6 ‘‘(iv) restore a measure of security 

7 and safety for a victim of crime. 

8 ‘‘(6) VICTIM OF CRIME.—The term ‘victim of 

9 crime’ means an individual who has suffered direct 

10 physical, sexual, financial, or emotional harm as a 

11 result of the commission of a crime. 

12 ‘‘(b) DUTIES OF DIRECTOR.—The Director shall— 

13 ‘‘(1) administer the grant program described in 

14 subsection (c); 

15 ‘‘(2) provide planning, research, training, and 

16 technical assistance to recipients of covered grants; 

17 and 

18 ‘‘(3) coordinate with the Office of Tribal Jus19 tice, the Indian Health Service, and the Bureau of 

20 Indian Affairs in implementing the grant program 

21 described in subsection (c). 

22 ‘‘(c) GRANT PROGRAM.— 

23 ‘‘(1) IN GENERAL.—On an annual basis, the 

24 Director shall make grants to eligible Indian tribes 

25 for the purposes of funding— 


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•S 5186 IS

1 ‘‘(A) a program, administered by one or 

2 more Indian tribes, that provides services to 

3 victims of crime, which may be provided in tra4 ditional form or through electronic, digital, or 

5 other technological formats, including— 

6 ‘‘(i) services to victims of crime pro7 vided through subgrants to agencies or de8 partments of Tribal governments or non9 profit organizations; 

10 ‘‘(ii) domestic violence shelters, rape 

11 crisis centers, child abuse programs, child 

12 advocacy centers, and elder abuse pro13 grams providing services to victims of 

14 crime; 

15 ‘‘(iii) medical care, equipment, treat16 ment, and related evaluations arising from 

17 the victimization, including— 

18 ‘‘(I) emergency medical care and 

19 evaluation, nonemergency medical 

20 care and evaluation, psychological and 

21 psychiatric care and evaluation, and 

22 other forms of medical assistance, 

23 treatment, or therapy, regardless of 

24 the setting in which the services are 

25 delivered; 


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•S 5186 IS

1 ‘‘(II) mental and behavioral 

2 health and crisis counseling, evalua3 tion, and assistance, including out4 patient therapy, counseling services, 

5 substance abuse treatment, and other 

6 forms of specialized treatment, includ7 ing intervention and prevention serv8 ices; 

9 ‘‘(III) prophylactic treatment to 

10 prevent an individual from contracting 

11 HIV/AIDS or any other sexually 

12 transmitted disease or infection; and 

13 ‘‘(IV) forensic medical evidence 

14 collection examinations and forensic 

15 interviews of victims of crime— 

16 ‘‘(aa) to the extent that 

17 other funding sources are un18 available or insufficient; and 

19 ‘‘(bb) on the condition that, 

20 to the extent practicable, the ex21 aminers and interviewers follow 

22 relevant guidelines or protocols 

23 issued by the State, unit of local 

24 government, or Indian tribe with 

25 jurisdiction over the area in 


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•S 5186 IS

1 which the examination or inter2 view is conducted; 

3 ‘‘(iv) legal services, legal assistance 

4 services, and legal clinics (including serv5 ices provided by pro bono legal clinics and 

6 practitioners), the need for which arises di7 rectly from the victimization; 

8 ‘‘(v) the training and certification of 

9 service animals and therapy animals; 

10 ‘‘(vi) equipment for Braille or TTY/ 

11 TTD machines for the deaf necessary to 

12 provide services to victims of crime; 

13 ‘‘(vii) restorative justice opportunities 

14 that allow victims of crime to meet with 

15 the perpetrators if the meetings are volun16 tarily agreed to by the victim of crime and 

17 are for therapeutic purposes; and 

18 ‘‘(viii) training and related materials, 

19 including books, training manuals, and 

20 training videos, for staff and service pro21 viders to develop skills necessary to offer 

22 quality services to victims of crime; 

23 ‘‘(B) the development or implementation of 

24 training, technical assistance, or professional 

25 development that improves or enhances the 


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•S 5186 IS

1 quality of services to victims of crime, including 

2 coordination between healthcare, education, and 

3 justice systems; 

4 ‘‘(C) the transportation of victims of 

5 crime— 

6 ‘‘(i) to receive services; or 

7 ‘‘(ii) to participate in criminal justice 

8 proceedings; 

9 ‘‘(D) emergency legal assistance to victims 

10 of crime that is directly connected to the crime; 

11 ‘‘(E) the supervision of direct service pro12 viders and contracts for professional or special13 ized services that are related directly to pro14 viding services to victims of crime; 

15 ‘‘(F) the repair and replacement of essen16 tial items used during the provision of services 

17 to victims of crime to contribute to and main18 tain a healthy and safe environment for the vic19 tims; 

20 ‘‘(G) transitional housing for victims of 

21 crime, particularly victims who have a par22 ticular need for such housing and cannot safely 

23 return to previous housing, including travel, 

24 rental assistance, security deposits, utilities, 


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•S 5186 IS

1 and other related costs that are incidental to 

2 the relocation to transitional housing; 

3 ‘‘(H) the relocation of victims of crime, 

4 particularly where necessary for the safety and 

5 well-being of the victim, including reasonable 

6 moving expenses, security deposits for housing, 

7 rental expenses, and utility startup costs; 

8 ‘‘(I) the coordination of activities that fa9 cilitate the provision of direct services to victims 

10 of crime; 

11 ‘‘(J) a multisystem, interagency, multi12 disciplinary response to the needs of victims of 

13 crime; and 

14 ‘‘(K) the administration of the program 

15 and services described in this section. 

16 ‘‘(2) ELIGIBILITY.—An Indian tribe seeking a 

17 covered grant shall, in response to a request for pro18 posal, submit to the Director a written proposal for 

19 a covered grant. 

20 ‘‘(3) NO MATCHING REQUIREMENT.—A recipi21 ent or subrecipient of a covered grant shall not be 

22 required to make a matching contribution for Fed23 eral dollars received. 

24 ‘‘(d) PROTECTION OF CRIME VICTIM CONFIDEN25 TIALITY AND PRIVACY.— 


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•S 5186 IS

1 ‘‘(1) ANNUAL REPORTS.—In order to ensure 

2 the safety of victims of crime and immediate family 

3 members of victims of crime, recipients and sub4 recipients of covered grants shall protect the con5 fidentiality and privacy of individuals receiving serv6 ices from the recipient or subrecipient. 

7 ‘‘(2) NONDISCLOSURE.— 

8 ‘‘(A) IN GENERAL.—Subject to paragraphs 

9 (3) and (4), a recipient or subrecipient of a cov10 ered grant shall not disclose, reveal, or release 

11 any personally identifying information collected 

12 in connection with any service requested, used, 

13 or denied through a program of the recipient or 

14 subrecipient or require the release of personally 

15 identifying information as a condition of eligi16 bility for the services provided by the recipient 

17 or subrecipient— 

18 ‘‘(i) regardless of whether the infor19 mation has been encoded, encrypted, 

20 hashed, or otherwise protected; and 

21 ‘‘(ii) subject to subparagraph (B) and 

22 the condition that consent for release may 

23 not be given by an abuser of the minor, an 

24 abuser of a parent or guardian of a minor, 

25 or an incapacitated individual, absent the 


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•S 5186 IS

1 informed, written, reasonably time-limited 

2 consent of— 

3 ‘‘(I) the individual about whom 

4 information is sought; 

5 ‘‘(II) in the case of an emanci6 pated minor, the minor, and the par7 ent or guardian; or 

8 ‘‘(III) in the case of legal inca9 pacity, a court-appointed guardian. 

10 ‘‘(B) CERTAIN MINORS AND OTHER INDI11 VIDUALS.—If a minor or individual with a le12 gally appointed guardian may lawfully receive 

13 services without the consent of a parent or 

14 guardian, that minor or individual may consent 

15 to the release of information under subpara16 graph (A)(ii) without the additional consent of 

17 a parent or guardian. 

18 ‘‘(3) RELEASE.—If the release of information 

19 described in paragraph (2) is compelled by a statu20 tory or court mandate, a recipient or subrecipient of 

21 a covered grant shall— 

22 ‘‘(A) make reasonable attempts to provide 

23 notice to victims of crime affected by the disclo24 sure of information; and 


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•S 5186 IS

1 ‘‘(B) take steps necessary to protect the 

2 privacy and safety of the individuals affected by 

3 the release of the information. 

4 ‘‘(4) INFORMATION SHARING.—A recipient or 

5 subrecipient of a covered grant may share— 

6 ‘‘(A) data in the aggregate that is not per7 sonally identifying information regarding serv8 ices to clients and demographics in order to 

9 comply with Federal, State, Tribal, or terri10 torial reporting, evaluation, or data collection 

11 requirements; 

12 ‘‘(B) court-generated and law enforcement13 generated information contained in secure gov14 ernmental registries for protection order en15 forcement purposes; and 

16 ‘‘(C) law enforcement-generated and pros17 ecution-generated information necessary for law 

18 enforcement and prosecution purposes. 

19 ‘‘(e) AVAILABILITY OF GRANT FUNDS.—Any amount 

20 awarded under a covered grant that remains unobligated 

21 at the end of the fiscal year in which the grant is made 

22 may be expended for the purpose for which the grant was 

23 made at any time during the 10 succeeding fiscal years, 

24 at the end of which period, any unobligated sums shall 


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•S 5186 IS

1 remain available to the Director for award under this sec2 tion in the following fiscal year. 

3 ‘‘(f) EFFECT.—Nothing in this section prohibits— 

4 ‘‘(1) an Indian tribe from contracting for the 

5 administration of a program or activity funded 

6 under this section; or 

7 ‘‘(2) multiple Indian tribes or Tribal organiza8 tions from forming a consortium for any of the pur9 poses described in this section. 

10 ‘‘(g) FUNDING.—The grant program established 

11 under this section shall be carried out using amounts 

12 made available under section 1402(d)(1). 

13 ‘‘(h) TERM.—This section shall be effective for the 

14 first 10 fiscal years beginning after the date of enactment 

15 of this section.’’. 

16 (b) FUNDING FOR GRANTS FOR TRIBAL VICTIMS OF

17 CRIME.—Section 1402(d) of the Victims of Crime Act of 

18 1984 (34 U.S.C. 20101(d)) is amended— 

19 (1) by inserting before paragraph (2) the fol20 lowing: 

21 ‘‘(1) For each of the first 10 fiscal years begin22 ning after the date of enactment of the Honoring 

23 Promises to Native Nations Act, 5 percent of the 

24 total amount in the Fund available for obligation 


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1 during a fiscal year shall be made available to the 

2 Director to make grants under section 1404G.’’; 

3 (2) in paragraph (2)(A), by inserting ‘‘after 

4 compliance with paragraph (1)’’ after ‘‘deposited in 

5 the Fund’’; 

6 (3) in paragraph (3)(A), in the matter pre7 ceding clause (i), by striking ‘‘paragraph (2)’’ and 

8 inserting ‘‘paragraphs (1) and (2)’’; and 

9 (4) in paragraph (5)(A), by inserting ‘‘(1),’’ be10 fore ‘‘(2)’’ each place that term appears. 

11 (c) REGULATIONS REGARDING INDIAN TRIBES.— 

12 (1) EXISTING REGULATIONS.—Any regulation, 

13 rule, or guidance promulgated by the Director of the 

14 Office for Victims of Crime before the date of enact15 ment of this Act shall have no force or effect with 

16 respect to section 1404G of the Victims of Crime 

17 Act of 1984, as added by subsection (a). 

18 (2) NEGOTIATED RULEMAKING.— 

19 (A) IN GENERAL.—Not later than 1 year 

20 after the date of enactment of this Act, the Di21 rector of the Office for Victims of Crime, in 

22 consultation with the Secretary of the Interior 

23 and Indian tribes (as defined in section 

24 1404G(a) of the Victims of Crime Act of 1984) 

25 and through notice and comment negotiated 


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1 rulemaking, following the provisions of sub2 chapter III of chapter 5 of title 5, United 

3 States Code (commonly known as the ‘Nego4 tiated Rulemaking Act of 1990’), shall promul5 gate final regulations carrying out section 

6 1404G of the Victims of Crime Act of 1984. 

7 (B) REQUIREMENTS.—The Director of the 

8 Office for Victims of Crime shall ensure that— 

9 (i) not fewer than 2 Indian tribes 

10 from each Bureau of Indian Affairs region 

11 participate in the consultation; and 

12 (ii) small, medium, and large land13 based Indian tribes are represented. 

14 SEC. 110. VICTIM ADVOCATES FOR NATIVE AMERICANS. 

15 Section 2001(b)(23) title I of the Omnibus Crime 

16 Control and Safe Streets Act of 1968 (34 U.S.C. 

17 10441(b)(23)) is amended by striking ‘‘domestic violence, 

18 dating violence, sexual assault, and stalking’’ and insert19 ing ‘‘crime’’. 

20 SEC. 111. SPECIAL TRIBAL CRIMINAL JURISDICTION. 

21 Section 204(j)(1) of Public Law 90–284 (25 U.S.C. 

22 1304(j)(1)) (commonly known as the ‘‘Indian Civil Rights 

23 Act of 1968’’) is amended, in the matter preceding sub24 paragraph (A), by striking ‘‘There is authorized to be ap25 propriated $25,000,000’’ and inserting ‘‘There is authorVerDate Sep 11 2014 22:24 Dec 21, 2022 Jkt 039200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S5186.IS S5186

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1 ized to be appropriated, and there is appropriated, out of 

2 any monies in the Treasury not otherwise appropriated, 

3 $50,000,000’’. 

4 SEC. 112. NATIONAL INDIAN COUNTRY CLEARINGHOUSE 

5 ON SEXUAL ASSAULT. 

6 (a) IN GENERAL.—There is authorized to be appro7 priated, and there is appropriated, out of any monies in 

8 the Treasury not otherwise appropriated, $1,000,000 for 

9 fiscal year 2023 and each fiscal year thereafter for grants, 

10 contracts, cooperative agreements, and other assistance 

11 for a national clearinghouse that provides training and 

12 technical assistance on issues relating to sexual assault of 

13 Indian and Alaska Native women. 

14 (b) ADJUSTMENT FOR INFLATION.—The amount 

15 made available under subsection (a) for fiscal year 2024 

16 and each fiscal year thereafter shall be adjusted annually 

17 to reflect the change in the Consumer Price Index for All 

18 Urban Consumers published by the Bureau of Labor Sta19 tistics. 

20 SEC. 113. TRIBAL ACCESS PROGRAM. 

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

22 amended— 

23 (1) in paragraph (1), in the matter preceding 

24 subparagraph (A), by inserting ‘‘(including entities 

25 designated by an Indian tribe as maintaining public 


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1 safety within the territorial jurisdiction of the Indian 

2 tribe)’’ after ‘‘law enforcement agencies’’; and 

3 (2) in paragraph (2), by striking subparagraph 

4 (B) and inserting the following: 

5 ‘‘(B) FUNDING.—There is authorized to be 

6 appropriated, and there is appropriated, out of 

7 any monies in the Treasury not otherwise ap8 propriated, $60,000,000 for fiscal year 2023, to 

9 remain available until expended, to carry out 

10 the Tribal Access Program under subparagraph 

11 (A).’’. 

12 SEC. 114. TIWAHE INITIATIVE. 

13 (a) IN GENERAL.—There is authorized to be appro14 priated to carry out the Tiwahe Initiative of the Bureau 

15 of Indian Affairs, and there is appropriated, out of any 

16 monies in the Treasury not otherwise appropriated, 

17 $1,000,000,000 for fiscal year 2023 and each fiscal year 

18 thereafter. 

19 (b) ADJUSTMENT FOR INFLATION.—The amount 

20 made available under subsection (a) for fiscal year 2024 

21 and each fiscal year thereafter shall be adjusted annually 

22 to reflect the change in the Consumer Price Index for All 

23 Urban Consumers published by the Bureau of Labor Sta24 tistics. 


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1 SEC. 115. REVIEWS ON NATIVE HAWAIIAN INTERACTIONS 

2 WITH LAW ENFORCEMENT. 

3 (a) PUBLIC SAFETY AND CRIMINAL JUSTICE.— 

4 (1) REVIEW ON LAW ENFORCEMENT AFFECT5 ING NATIVE HAWAIIANS.— 

6 (A) IN GENERAL.—The Department of 

7 Justice shall conduct a comprehensive review of 

8 law enforcement and other crime prevention 

9 programs for various crimes affecting Native 

10 Hawaiian populations, including child sexual ex11 ploitation, child abuse, intimate partner vio12 lence, human trafficking, and substance abuse. 

13 (B) REPORT.—Not later than 1 year after 

14 the date of enactment of this Act, the Depart15 ment of Justice shall submit to Congress a re16 port summarizing the review required under 

17 subparagraph (A), which shall include the 

18 amount of Federal funding for the programs re19 ferred to in that subparagraph received by Na20 tive Hawaiian-serving organizations as a per21 centage of the total amount spent on those pro22 grams. 

23 (2) REVIEW OF NATIVE HAWAIIAN VICTIMS OF

24 VARIOUS CRIMES.— 

25 (A) IN GENERAL.—The Department of 

26 Justice shall conduct a comprehensive review of 


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1 programs that provide services to victims of 

2 various crimes affecting Native Hawaiian popu3 lations, including child sexual exploitation, child 

4 abuse, intimate partner violence, human traf5 ficking, and substance abuse. 

6 (B) REPORT.—Not later than 1 year after 

7 the date of enactment of this Act, the Depart8 ment of Justice shall submit to Congress a re9 port summarizing the review required under 

10 subparagraph (A), which shall include the 

11 amount of Federal funding for the programs re12 ferred to in that subparagraph received by Na13 tive Hawaiian-serving organizations as a per14 centage of the total amount spent on those pro15 grams. 

16 (3) REVIEW OF NATIVE HAWAIIANS IN THE

17 CRIMINAL JUSTICE SYSTEM.— 

18 (A) IN GENERAL.—The National Institute 

19 of Justice, in coordination with the Bureau of 

20 Justice Statistics, shall conduct a comprehen21 sive review on the Native Hawaiian population 

22 involved in the criminal justice system, includ23 ing— 

24 (i) arrests; 


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1 (ii) detention in Federal, State, and 

2 local jails; 

3 (iii) pretrial supervision; 

4 (iv) post-conviction supervision; 

5 (v) incarceration in Federal and State 

6 prisons; and 

7 (vi) post-release supervision. 

8 (B) REPORT.—Not later than 1 year after 

9 the date of enactment of this Act, the National 

10 Institute of Justice, in coordination with the 

11 Bureau of Justice Statistics, shall submit to 

12 Congress a report summarizing the review re13 quired under subparagraph (A), which shall in14 clude— 

15 (i) the Native Hawaiian population as 

16 a percentage of the total population of the 

17 United States that is involved in the crimi18 nal justice system; 

19 (ii) information on the programs and 

20 services available to, and used by, Native 

21 Hawaiians in various jurisdictions, includ22 ing diversion programs, in-prison education 

23 programs, and reentry services; and 


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1 (iii) the number of culturally relevant 

2 programs available to justice-involved Na3 tive Hawaiians. 

4 TITLE II—HEALTH CARE 

5 SEC. 201. FINDINGS. 

6 Congress finds that— 

7 (1) funding for the Indian Health Service and 

8 health care for American Indians and Alaska Na9 tives is inequitable and unequal; 

10 (2) Indian Health Service expenditures per cap11 ita are well below other Federal healthcare pro12 grams, which results in— 

13 (A) unacceptable health conditions of 

14 American Indians and Alaska Natives; and 

15 (B) American Indians and Alaska Natives 

16 living sicker and dying younger than other indi17 viduals in the United States; 

18 (3) the urban Indian health care budget has 

19 failed to keep pace with urban Indian population 

20 growth or inflation, and that severe underfunding 

21 impedes fulfillment of the trust and treaty obliga22 tions of the Federal Government; 

23 (4) due to chronic underfunding to healthcare 

24 programs that serve American Indians and Alaska 

25 Natives, American Indians and Alaska Natives face 


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1 overwhelming health disparities compared to other 

2 populations, including— 

3 (A) having lower life expectancies and ex4 periencing a disproportionate number of dis5 eases; and 

6 (B) dying at higher rates than other indi7 viduals in the United States from chronic liver 

8 disease, cirrhosis, diabetes mellitus, uninten9 tional injuries, intentional self-harm and sui10 cide, and chronic lower respiratory diseases; 

11 (5) the significant decline of third-party reim12 bursements for care, as clinics serving Tribal areas 

13 operate with limited staff and cancel non-essential 

14 procedures and visits, is affecting Tribal resources, 

15 which— 

16 (A) reduces the amount that Tribal health 

17 facilities can bill Medicare, Medicaid, or other 

18 private insurances for reimbursement of serv19 ices; and 

20 (B) poses a threat to the continuity of op21 erations of those facilities; 

22 (6)(A) section 10221 of the Patient Protection 

23 and Affordable Care Act (Public Law 111–148; 124 

24 Stat. 935) permanently reauthorized the Indian 

25 Health Care Improvement Act (25 U.S.C. 1601 et 


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1 seq.) in the hope of reducing health disparities faced 

2 by Native Americans; but 

3 (B) many of the provisions of the Indian Health 

4 Care Improvement Act (25 U.S.C. 1601 et seq.) re5 main underfunded; and 

6 (7) the Native Hawaiian Health Care Improve7 ment Act (42 U.S.C. 11701 et seq.) authorized the 

8 Native Hawaiian Health Care Program— 

9 (A) to improve the health status of Native 

10 Hawaiians; and 

11 (B) to provide Native Hawaiian health 

12 care programs with the resources necessary to 

13 improve the health status of Native Hawaiians. 

14 SEC. 202. SENSE OF CONGRESS. 

15 It is the sense of Congress that— 

16 (1) funding for the delivery of health care to 

17 American Indians, Alaska Natives, and Native Ha18 waiians through the Indian Health Service, Indian 

19 tribes, tribal organizations, urban Indian organiza20 tions, and the Native Hawaiian Health Care Pro21 gram should be fully funded; 

22 (2) the funding described in paragraph (1) 

23 should be mandatory; 

24 (3) Congress should allocate funding to job 

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1 crease the number of clinicians and non-medical 

2 health care staff serving American Indians, Alaska 

3 Natives, Native Hawaiians, and Indian tribes; 

4 (4) Congress should provide funding under the 

5 Medicare program under title XVIII of the Social 

6 Security Act (42 U.S.C. 1395 et seq.) and the Med7 icaid program under title XIX of that Act (42 

8 U.S.C. 1396 et seq.) directly to Indian tribes and 

9 end the practice of pass-through of funds through 

10 States; 

11 (5)(A) the Indian Health Care Improvement 

12 Act (25 U.S.C. 1601 et seq.) is crucial to protecting 

13 the health and well-being of American Indians and 

14 Alaska Natives; 

15 (B) all of the provisions of that Act should be 

16 implemented and fully funded; and 

17 (C) in accordance with section 3 of that Act (25 

18 U.S.C. 1602), it is the policy of the United States, 

19 in fulfillment of the special trust responsibilities and 

20 legal obligations to Indians of the United States, in21 cluding Indians living in urban settings— 

22 (i) to ensure the highest possible health 

23 status for Indians and to provide all resources 

24 necessary to effect that policy; 


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1 (ii) to raise the health status of Indians to 

2 at least the levels set forth in the goals con3 tained within the Healthy People 2010 initiative 

4 or successor objectives; 

5 (iii) to ensure maximum Indian participa6 tion in the direction of health care services so 

7 as to render the persons administering such 

8 services and the services themselves more re9 sponsive to the needs and desires of Indian 

10 communities; 

11 (iv) to increase the proportion of all de12 grees in the health professions and allied and 

13 associated health professions awarded to Indi14 ans so that the proportion of Indian health pro15 fessionals in each Indian Health Service area is 

16 raised to at least the level of that of the general 

17 population; 

18 (v) to require that all actions under that 

19 Act shall be carried out with active and mean20 ingful consultation with Indian tribes, and con21 ference with tribal organizations and urban In22 dian organizations, to implement that Act and 

23 the national policy of Indian self-determination; 

24 (vi) to ensure that the United States and 

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1 ment relationship to ensure quality health care 

2 for all Tribal members; and 

3 (vii) to provide funding for programs and 

4 facilities operated by Indian tribes and tribal 

5 organizations in amounts that are not less than 

6 the amounts provided to programs and facilities 

7 operated directly by the Indian Health Service; 

8 (6) legal challenges to that Act and the Patient 

9 Protection and Affordable Care Act (Public Law 

10 111–148; 124 Stat. 119) are harmful; 

11 (7) legislation to address the opioid and sub12 stance use epidemic facing American Indian, Alaska 

13 Native, and Native Hawaiian communities (known 

14 as the ‘‘Comprehensive Addiction Resources Emer15 gency Act of 2021’’, S. 3418 and H.R. 6311, 117th 

16 Congress, as introduced on December 16, 2021) 

17 should be enacted without delay; and 

18 (8) legislation to provide significant resources 

19 to Indian tribes to combat child abuse and neglect 

20 (known as the ‘‘American Indian and Alaska Native 

21 Child Abuse Prevention and Treatment Act’’, S. 

22 1868 and H.R. 1566, 117th Congress, as introduced 

23 on May 26, 2021, and March 3, 2021, respectively) 

24 should be enacted without delay. 


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1 SEC. 203. MANDATORY FUNDING FOR INDIAN HEALTH 

2 SERVICE. 

3 (a) ESTABLISHMENT.—There is established in the 

4 Treasury an account, to be known as the ‘‘Indian Health 

5 Services Operations Account’’, into which shall be depos6 ited all amounts appropriated or otherwise made available 

7 according to the recommendations of the national Tribal 

8 Budget Formulation Workgroup, as of the date of enact9 ment of this Act, to carry out the Indian Health Care Im10 provement Act (25 U.S.C. 1601 et seq.) and any other 

11 program relating to or operated by the Indian Health 

12 Service. 

13 (b) APPROPRIATION.—There are authorized to be ap14 propriated, and there are appropriated, out of any monies 

15 in the Treasury not otherwise appropriated, the following 

16 amounts, which shall be deposited in the Indian Health 

17 Services Operations Account: 

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

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

20 (3) For fiscal year 2025 and each fiscal year 

21 thereafter, an amount equal to the sum of— 

22 (A) the amount appropriated for the pre23 vious fiscal year, as adjusted annually to reflect 

24 the change in the medical care component of 

25 the consumer price index for all urban con26 sumers (U.S. city average); and 


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1 (B) as applicable— 

2 (i) 1.8 percent of the amount appro3 priated for the previous fiscal year; or 

4 (ii) the percentage of the amount ap5 propriated for the previous fiscal year de6 termined under subsection (c)(2). 

7 (c) ADJUSTMENTS AFTER FISCAL YEAR 2024.— 

8 (1) STUDY.—Not later than September 30, 

9 2024, and not less frequently than once every 10 

10 years thereafter, the Comptroller General of the 

11 United States shall conduct a study, in consultation 

12 with Indian tribes, to determine whether the popu13 lation served by the Indian Health Service has con14 tinued to grow by 1.8 percent per year. 

15 (2) ADJUSTMENT.—If the Comptroller General 

16 determines under the study conducted under para17 graph (1) that the actual rate of growth of the popu18 lation described in that paragraph is higher than 1.8 

19 percent, for purposes of subsection (b)(3)(B)(ii), the 

20 percentage by which the amount appropriated for 

21 the previous fiscal year shall be adjusted to reflect 

22 the actual rate of growth determined by the study. 

23 (d) SHORTFALLS AND REPORT.— 

24 (1) IN GENERAL.—Not later than the end of 

25 fiscal year 2023, the Secretary of Health and 


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1 Human Services shall submit to the Committees on 

2 the Budget, Health, Education, Labor, and Pen3 sions, and Indian Affairs of the Senate and the 

4 Committee on the Budget, the Subcommittee on 

5 Health of the Committee on Energy and Commerce, 

6 and the Subcommittee for Indigenous Peoples of the 

7 United States of the Committee on Natural Re8 sources of the House of Representatives a publicly 

9 available report, developed in consultation with In10 dian tribes, that proposes an item of appropriation, 

11 according to the recommendations of the national 

12 Tribal Budget Formulation Workgroup, for short13 falls for funds related to the lease of a facility used 

14 for administration and delivery of Indian Health 

15 Service programs pursuant to section 105(l) of the 

16 Indian Self-Determination Act (25 U.S.C. 5324(l)), 

17 including supporting documentation on the methods 

18 used by the Secretary of Health and Human Serv19 ices to determine the amount of shortfalls. 

20 (2) ADDITIONAL APPROPRIATIONS.— 

21 (A) FACILITY LEASING.— 

22 (i) IN GENERAL.—In addition to the 

23 amount appropriated for a fiscal year for 

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1 priated for fiscal year 2023, and each fis2 cal year thereafter, and there is appro3 priated, out of any monies in the Treasury 

4 not otherwise appropriated, the amount re5 quested by the report under paragraph (1). 

6 (ii) ADJUSTMENT FOR INFLATION.— 

7 The amount made available under clause 

8 (i) for fiscal year 2024 and each fiscal year 

9 thereafter shall be adjusted annually to re10 flect the change in the medical care compo11 nent of the consumer price index for all 

12 urban consumers (U.S. city average). 

13 (B) CONTRACT SUPPORT COSTS.—In addi14 tion to the amount appropriated for a fiscal 

15 year for the Indian Health Services Operations 

16 Account, there is authorized to be appropriated 

17 for fiscal year 2023, and each fiscal year there18 after, for contract support costs described in 

19 section 106 of the Indian Self-Determination 

20 Act (25 U.S.C. 5325) an amount determined by 

21 the Secretary of the Interior to cover any short22 falls for the operation of the programs and por23 tions for periods covered by the contract sup24 port costs. 


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1 SEC. 204. SANITATION FACILITIES CONSTRUCTION PRO2 GRAM. 

3 Section 7 of the Act of August 5, 1954 (42 U.S.C. 

4 2004a), is amended by adding at the end the following: 

5 ‘‘(d) FUNDING.— 

6 ‘‘(1) IN GENERAL.—There are authorized to be 

7 appropriated, and there are appropriated, out of any 

8 monies in the Treasury not otherwise appropriated, 

9 to carry out this section— 

10 ‘‘(A) $1,200,000,000 for each of fiscal 

11 years 2023 through 2025; and 

12 ‘‘(B) $1,900,000,000 for fiscal year 2026 

13 and each fiscal year thereafter. 

14 ‘‘(2) ADJUSTMENT FOR INFLATION.—The 

15 amount made available under paragraph (1) for fis16 cal year 2024 and each fiscal year thereafter shall 

17 be adjusted annually to reflect the change in the 

18 Consumer Price Index for All Urban Consumers 

19 published by the Bureau of Labor Statistics.’’. 

20 SEC. 205. SPECIAL DIABETES PROGRAMS FOR INDIANS. 

21 Section 330C of the Public Health Service Act (42 

22 U.S.C. 254c–3) is amended— 

23 (1) in subsection (c)(2)— 

24 (A) by redesignating subparagraphs (A) 

25 through (D) as clauses (i) through (iv), respec26 tively, and indenting appropriately; 


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1 (B) in the matter preceding clause (i) (as 

2 so redesignated), by striking ‘‘For the purpose’’ 

3 and inserting the following: 

4 ‘‘(A) IN GENERAL.—For the purpose’’; 

5 (C) in subparagraph (A) (as so redesig6 nated)— 

7 (i) in clause (iii) (as so redesignated), 

8 by striking ‘‘and’’ at the end; 

9 (ii) in clause (iv) (as so redesignated), 

10 by striking ‘‘2023, to remain available 

11 until expended.’’ and inserting ‘‘2022; 

12 and’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(v) subject to subparagraph (B), 

16 $300,000,000 for each of fiscal years 2023 

17 through 2032, to remain available until ex18 pended.’’; and 

19 (D) by adding at the end the following: 

20 ‘‘(B) ADJUSTMENT FOR INFLATION.—The 

21 amount authorized to be appropriated under 

22 subparagraph (A)(v) for each of fiscal years 

23 2024 through 2032 shall be adjusted annually 

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1 nent of the consumer price index for all urban 

2 consumers (U.S. city average).’’; 

3 (2) by redesignating subsection (c) as sub4 section (d); and 

5 (3) by inserting after subsection (b) the fol6 lowing: 

7 ‘‘(c) REQUIREMENT.—Grants provided under sub8 section (a) shall be subject to the requirements of section 

9 7(b) of the Indian Self-Determination and Education As10 sistance Act (25 U.S.C. 5307(b)).’’. 

11 SEC. 206. SPECIAL DIABETES PROGRAM FOR NATIVE HA12 WAIIANS. 

13 Section 6 of the Native Hawaiian Health Care Im14 provement Act (42 U.S.C. 11705) is amended by adding 

15 at the end the following: 

16 ‘‘(i) SPECIAL DIABETES PROGRAM FOR NATIVE HA17 WAIIANS.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall make 

19 grants for providing services for the prevention and 

20 treatment of diabetes in accordance with subsection 

21 (b). 

22 ‘‘(2) SERVICES THROUGH NATIVE HAWAIIAN

23 HEALTH CARE SYSTEMS FACILITIES.—For purposes 

24 of subsection (a), services under such subsection are 

25 provided in accordance with this subsection if these 


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1 services are provided through the Native Hawaiian 

2 Health Care Systems. 

3 ‘‘(3) APPROPRIATIONS.—For the purpose of 

4 making grants under this section, there is appro5 priated, out of any money in the Treasury not other6 wise appropriated, $9,000,000 for each fiscal year.’’. 

7 SEC. 207. PERMANENT EXTENSION OF FULL FEDERAL MED8 ICAL ASSISTANCE PERCENTAGE TO URBAN 

9 INDIAN ORGANIZATIONS. 

10 Section 1905(b) of the Social Security Act (42 U.S.C. 

11 1396d(b)) is amended, in the third sentence, by striking 

12 ‘‘for the 8 fiscal year quarters beginning with the first 

13 fiscal year quarter beginning after the date of the enact14 ment of the American Rescue Plan Act of 2021’’ and in15 serting ‘‘for each fiscal quarter beginning on or after April 

16 1, 2021’’. 

17 SEC. 208. QUALIFIED INDIAN PROVIDER SERVICES. 

18 Section 1905 of the Social Security Act (42 U.S.C. 

19 1396d) is amended— 

20 (1) in subsection (a)(2)— 

21 (A) by striking ‘‘, and (C)’’ and inserting 

22 ‘‘, (C)’’; and 

23 (B) by inserting ‘‘, and (D) qualified In24 dian provider services (as defined in subsection 

25 (l)(4))’’ after ‘‘included in the plan’’; and 


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

2 following: 

3 ‘‘(4)(A) The term ‘qualified Indian provider 

4 services’ means services— 

5 ‘‘(i) for which medical assistance is other6 wise available under the State plan (or a waiver 

7 of such plan); and 

8 ‘‘(ii) that are furnished by an Indian 

9 health care provider (as defined in subpara10 graph (B)) to an individual who— 

11 ‘‘(I) is eligible for medical assistance 

12 under the State plan (or waiver); and 

13 ‘‘(II) is eligible to receive services 

14 from the Indian Health Service. 

15 ‘‘(B) The term ‘Indian health care provider’ 

16 means a health program operated by the Indian 

17 Health Service or by an Indian tribe or Tribal orga18 nization (as defined in section 4 of the Indian 

19 Health Care Improvement Act (25 U.S.C. 1603)) or 

20 inter-tribal consortium (as defined in section 501(a) 

21 of the Indian Self-Determination and Education As22 sistance Act (25 U.S.C. 5381(a))) or through an 

23 urban Indian organization (as defined in section 4 of 

24 the Indian Health Care Improvement Act (25 U.S.C. 

25 1603)) operating pursuant to a grant or contract 


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1 with the Indian Health Service under title V of the 

2 Indian Health Care Improvement Act or as a perma3 nent program within the Indian Health Services di4 rect care program. 

5 ‘‘(C) Notwithstanding any other provision of 

6 law, qualified Indian provider services may be pro7 vided by authorized non-physician practitioners 

8 working within the scope of their license, certifi9 cation, or authorized practice under Federal, State, 

10 or tribal law.’’. 

11 SEC. 209. REMOVE LIMITATION ON PAYMENT FOR SERV12 ICES FURNISHED BY INDIAN HEALTH CARE 

13 PROVIDERS OUTSIDE A CLINIC FACILITY. 

14 Section 1905(a)(9) of the Social Security Act (42 

15 U.S.C. 1396d(a)(9)) is amended by inserting ‘‘and includ16 ing such services furnished in any location by or through 

17 an Indian Health Care Provider as defined in subsection 

18 (l)(4)(B)’’ before the semicolon at the end. 

19 SEC. 210. NATIVE HAWAIIAN HEALTH CARE. 

20 (a) EXTENSION OF FEDERAL TORT CLAIMS ACT

21 COVERAGE TO NATIVE HAWAIIAN HEALTH CARE SYS22 TEMS.—Section 6 of the Native Hawaiian Health Care 

23 Improvement Act (42 U.S.C. 11705) is amended— 


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1 (1) by redesignating subsections (h) and (i) (as 

2 added by section 206) as subsections (i) and (j), re3 spectively; 

4 (2) by inserting after subsection (g) the fol5 lowing: 

6 ‘‘(h) FEDERAL TORT CLAIMS ACT COVERAGE.— 

7 ‘‘(1) NATIVE HAWAIIAN HEALTH CARE SYS8 TEMS.—A Native Hawaiian health care system shall 

9 be considered to be a Federal agency for purposes 

10 of claims under sections 1346(b) and 2672 of title 

11 28, United States Code, for money damages for per12 sonal injury, including death, resulting from the per13 formance of functions by the Native Hawaiian 

14 health care system. 

15 ‘‘(2) OFFICERS AND EMPLOYEES.—An indi16 vidual who is an officer or employee of a Native Ha17 waiian health care system shall— 

18 ‘‘(A) be considered to be an employee of 

19 the Department of Health and Human Services 

20 for purposes of claims under sections 1346(b) 

21 and 2672 of title 28, United States Code, for 

22 money damages for personal injury, including 

23 death, resulting from the performance of func24 tions within the scope of employment of the in25 dividual; and 


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1 ‘‘(B) be considered to be an employee of 

2 the Public Health Service performing medical, 

3 surgical, dental, or related functions for pur4 poses of ensuring that the remedy provided by 

5 sections 1346(b) and 2672 of title 28, United 

6 States Code, is exclusive of any other civil ac7 tion or proceeding by reason of the same sub8 ject matter against— 

9 ‘‘(i) that individual; or 

10 ‘‘(ii) the estate of that individual.’’; 

11 and 

12 (3) by striking subsection (i) (as so redesig13 nated) and inserting the following: 

14 ‘‘(i) FUNDING.— 

15 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

16 there are authorized to be appropriated to carry out 

17 this section, and there are appropriated, out of any 

18 monies in the Treasury not otherwise appropriated, 

19 $47,000,000 for fiscal year 2023, an additional 

20 $9,000,000 per year for each fiscal year until fiscal 

21 year 2035, and $155,000,000 each fiscal year there22 after. 

23 ‘‘(2) ADJUSTMENT FOR INFLATION.—The 

24 amount made available under paragraph (1) for fis25 cal year 2036 and each fiscal year thereafter shall 


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1 be adjusted annually to reflect the change in the 

2 Consumer Price Index for All Urban Consumers 

3 published by the Bureau of Labor Statistics.’’. 

4 (b) EXTENSION OF FULL FEDERAL MEDICAL AS5 SISTANCE PERCENTAGE TO SERVICES FURNISHED BY NA6 TIVE HAWAIIAN HEALTH CARE SYSTEMS.—Section 

7 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) 

8 is amended, in the third sentence, by striking ‘‘for such 

9 8 fiscal year quarters,’’ and inserting ‘‘for each fiscal 

10 quarter beginning on or after April 1, 2021,’’. 

11 (c) PERMANENT REMOVAL OF MATCHING REQUIRE12 MENTS.—Section 6 of the Native Hawaiian Health Care 

13 Improvement Act (42 U.S.C. 11705) is amended— 

14 (1) by striking subsection (e); and 

15 (2) by redesignating subsections (f) through (h) 

16 as subsections (e) through (g), respectively. 

17 SEC. 211. FUNDING FOR TRIBAL EPIDEMIOLOGY CENTERS. 

18 Section 214 of the Indian Health Care Improvement 

19 Act (25 U.S.C. 1621m) is amended by adding at the end 

20 the following: 

21 ‘‘(f) FUNDING.— 

22 ‘‘(1) IN GENERAL.—There is authorized to be 

23 appropriated, and there is appropriated, out of any 

24 monies in the Treasury not otherwise appropriated, 

25 $60,000,000 for fiscal year 2023 and each fiscal 


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1 year thereafter for epidemiology centers established 

2 under this section. 

3 ‘‘(2) ADJUSTMENT FOR INFLATION.—The 

4 amount made available under paragraph (1) for fis5 cal year 2024 and each fiscal year thereafter shall 

6 be adjusted annually to reflect the change in the 

7 medical care component of the consumer price index 

8 for all urban consumers (U.S. city average).’’. 

9 SEC. 212. STATE OPTION TO PROVIDE MEDICAL ASSIST10 ANCE FOR RESIDENTIAL ADDICTION TREAT11 MENT FACILITY SERVICES. 

12 (a) IN GENERAL.—Section 1905 of the Social Secu13 rity Act (42 U.S.C. 1396d) is amended— 

14 (1) in subsection (a)(16)— 

15 (A) by striking ‘‘as defined in subsection 

16 (h), and, (B)’’ and inserting ‘‘as defined in sub17 section (h)(1), (B)’’; and 

18 (B) by inserting ‘‘, and (C) residential ad19 diction treatment facility services (as defined in 

20 subsection (h)(3)), if offered as part of a full 

21 continuum of evidence-based treatment services 

22 provided under the State plan, including resi23 dential, outpatient, and community-based care, 

24 for individuals with substance use disorders’’ 

25 before the semicolon; and 


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1 (2) in subsection (h)— 

2 (A) in paragraph (1), by striking ‘‘para3 graph (16) of subsection (a)’’ and inserting 

4 ‘‘subsection (a)(16)(A)’’; and 

5 (B) by adding at the end the following: 

6 ‘‘(3)(A) For purposes of subsection (a)(16)(C), 

7 the term ‘residential addiction treatment facility 

8 services’ means, subject to subparagraph (B), inpa9 tient services provided— 

10 ‘‘(i) to an individual for the purpose of 

11 treating a substance use disorder that are fur12 nished to an individual in the State for not 

13 more than 60 consecutive days (on a statewide 

14 average basis), provided that upon completion 

15 of each period of 30 consecutive days of treat16 ment, the individual is assessed and determined 

17 to have progressed through the clinical con18 tinuum of care, in accordance with criteria es19 tablished by the Secretary, in consultation with 

20 the American Society of Addiction Medicine, 

21 and requires continued medically necessary 

22 treatment and social support services to pro23 mote recovery, stable transition to ongoing 

24 treatment, and discharge; and 


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1 ‘‘(ii) in a facility that is accredited for the 

2 treatment of substance use disorders by the 

3 Joint Commission on Accreditation of 

4 Healthcare Organizations, the Commission on 

5 Accreditation of Rehabilitation Facilities, the 

6 Council on Accreditation, or any other accred7 iting agency that the Secretary deems appro8 priate as necessary to ensure nationwide appli9 cability, including qualified national organiza10 tions and State-level accrediting agencies. 

11 ‘‘(B) The State agency responsible for admin12 istering the State plan under this title shall establish 

13 procedures to ensure that, with respect to any facil14 ity providing residential addiction treatment facility 

15 services in a fiscal year, the number of beds used by 

16 the facility to provide such services during such year 

17 is consistent with State licensure standards. 

18 ‘‘(C) The provision of medical assistance for 

19 residential addiction treatment facility services to an 

20 individual shall not prohibit Federal financial par21 ticipation for medical assistance for items or services 

22 that are provided to the individual in or away from 

23 the residential addiction treatment facility during 

24 any 30-day period in which the individual is receiv25 ing residential addiction treatment facility services. 


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1 ‘‘(D) A woman who is eligible for medical as2 sistance on the basis of being pregnant and who is 

3 furnished residential addiction treatment facility 

4 services during any 30-day period may remain eligi5 ble for, and continue to be furnished with, such serv6 ices for additional 30-day periods without regard to 

7 any eligibility limit that would otherwise apply to the 

8 woman as a result of her pregnancy ending, subject 

9 to assessment by the facility and a determination 

10 based on medical necessity related to substance use 

11 disorder and the impact of substance use disorder on 

12 birth outcomes.’’. 

13 (b) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply to items and services furnished on 

15 or after January 1, 2023. 

16 SEC. 213. CONFERRING WITH URBAN INDIAN ORGANIZA17 TIONS. 

18 (a) DEFINITION OF CONFER.—In this section, the 

19 term ‘‘confer’’ means to engage in an open and free ex20 change of information and opinions that— 

21 (1) leads to mutual understanding and com22 prehension; and 

23 (2) emphasizes trust, respect, and shared re24 sponsibility. 


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1 (b) REQUIREMENT.—The Secretary of Health and 

2 Human Services, to the maximum extent practicable, shall 

3 confer with urban Indian organizations in carrying out 

4 health services of the Department of Health and Human 

5 Services. 

6 SEC. 214. MEDICAID WORK REQUIREMENT EXEMPTION. 

7 Section 1902 of the Social Security Act (42 U.S.C. 

8 1396a) is amended by adding at the end the following new 

9 subsection: 

10 ‘‘(tt) NONAPPLICATION OF WORK REQUIREMENTS TO

11 MEMBERS OF INDIAN TRIBES.—In the case of a State 

12 that conditions an individual’s eligibility for medical as13 sistance upon such individual’s satisfaction of a require14 ment that the individual be employed, enrolled in school, 

15 participate in a work activity (as defined in section 407(d) 

16 or otherwise by the State), or participate in other commu17 nity engagement activity, the State shall not apply such 

18 condition to an individual who is a member of a Federally 

19 recognized Indian tribe.’’. 

20 SEC. 215. MEDICAID PROGRAM POLICIES FOR MEMBERS OF 

21 INDIAN TRIBES. 

22 The Secretary of Health and Human Services— 

23 (1) may waive compliance with any requirement 

24 of title XIX of the Social Security Act (42 U.S.C. 

25 1396 et seq.) in a manner that is specific to— 


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1 (A) persons who are Indian (as defined in 

2 section 4 of the Indian Health Care Improve3 ment Act (25 U.S.C. 1603)); and 

4 (B) facilities of the Indian Health Service 

5 and urban Indian organizations; 

6 (2) shall not waive compliance with any require7 ment of title XIX of the Social Security Act (42 

8 U.S.C. 1396 et seq.) that is specific to persons who 

9 are Indian (as so defined) if such waiver would— 

10 (A) reduce the amount, duration, or scope 

11 of benefits available to such persons under such 

12 Act; or 

13 (B) impose restrictions, premiums or cost14 sharing, or additional conditions on the receipt 

15 of benefits under such Act by such persons; and 

16 (3) shall not waive any requirement relating to 

17 Tribal consultation or conference with urban Indian 

18 organizations as required by any Federal law, rule, 

19 or regulation. 

20 TITLE III—EDUCATION 

21 SEC. 301. FINDINGS. 

22 Congress finds that— 

23 (1)(A) Native American students experience 

24 discernible disparities in access to educational opporVerDate Sep 11 2014 22:24 Dec 21, 2022 Jkt 039200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\S5186.IS S5186

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1 tunities compared to their non-Native-American 

2 peers; and 

3 (B) those disparities in educational opportuni4 ties— 

5 (i) have a profound impact on the social 

6 and economic opportunities and well-being of 

7 Native American students and Native American 

8 communities; and 

9 (ii) mean that Native American students 

10 are likely to experience disproportionate levels 

11 of discipline while in school that leads to those 

12 students being suspended or expelled, increas13 ing the likelihood of those students to be in14 volved in the school-to-prison pipeline; 

15 (2) the Federal Government has failed in its 

16 trust obligation to provide educational services that 

17 address the unique situation of Native American stu18 dents; 

19 (3)(A) a majority of Native American students 

20 attend public schools, many of which lack curricula 

21 that provide historically accurate and culturally com22 petent representation or discussion of Native Ameri23 cans and their history in the United States; and 

24 (B) the failure to include historically accurate 

25 and culturally competent curricula leads to a lack of 


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1 understanding for all students of the history and 

2 contributions of Native Americans; 

3 (4)(A) Native American students make up 1.1 

4 percent of students attending public schools; 

5 (B) Native American students have the lowest 

6 high school graduation rates and the lowest scores 

7 on reading and math elementary and secondary 

8 school standardized tests; 

9 (C) students attending schools funded by the 

10 Bureau of Indian Affairs (referred to in this title as 

11 ‘‘Bureau-funded schools’’) have lower academic 

12 scores than their non-Native American peers who at13 tend public school; and 

14 (D) educational disparities continue into higher 

15 education, with only 16 percent of Native American 

16 students obtaining a bachelor’s degree compared to 

17 the national average of 36 percent of individuals in 

18 the same age group; 

19 (5)(A) the enactment of the Indian Self-Deter20 mination and Education Assistance Act (25 U.S.C. 

21 5301 et seq.) allowed federally recognized Indian 

22 tribes to contract with the Bureau-funded schools 

23 and provide education programs; 

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1 turally relevant, high-quality education opportunities 

2 to Native American students; and 

3 (C) Bureau-funded schools consistently struggle 

4 to recruit and retain qualified and effective teachers 

5 due to noncompetitive salaries, isolated rural set6 tings, difficult work environments, lack of job oppor7 tunities for spouses and partners, and marginal 

8 housing opportunities; and 

9 (6)(A) American Indian and Alaska Native trib10 ally chartered colleges and universities (TCUs) were 

11 established beginning in the late 1960s due to the 

12 failure of the United States higher education system 

13 to include American Indians; 

14 (B) in addition to providing place-based and 

15 culturally grounded higher and career/technical edu16 cation, TCUs are charged with preserving and revi17 talizing Tribal cultures, languages and lands, and 

18 strengthening Tribal sovereignty; and 

19 (C) TCUs face significant challenges and in20 equities, including— 

21 (i) the lack of adequate operating funding 

22 from the Department of the Interior; 

23 (ii) the inability to grow endowments; and 

24 (iii) a disproportionate number of students 

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1 security, and unprepared for post-secondary 

2 education. 

3 SEC. 302. SENSE OF CONGRESS. 

4 It is the sense of Congress that Congress should— 

5 (1) provide full funding for Tribal Colleges and 

6 Universities and Bureau-funded schools, including 

7 increased funding to develop lessons and curricula 

8 that provide culturally competent and historically ac9 curate information; 

10 (2) provide increased funding to recruit and re11 tain teachers at schools that serve a high proportion 

12 of Native students, including Bureau-funded schools, 

13 in order to address the educational disparities faced 

14 by Native American students described in section 

15 301; 

16 (3) provide full funding for school construction 

17 and repairs at Bureau-funded schools, which have 

18 lacked longstanding adequate funding and 

19 prioritization, to correct facilities operations ineffi20 ciencies that contribute to the chronic poor edu21 cational outcomes and performance of students at 

22 those schools; and 

23 (4) increase and make permanent pro24 grammatic funding for Native American language 

25 programs to restore the elimination of traditional 


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1 languages that colonial education forced on Native 

2 American students during the Assimilation Era. 

3 SEC. 303. MANDATORY FUNDING FOR TRIBAL COLLEGES 

4 AND UNIVERSITIES. 

5 Section 371(b) of the Higher Education Act of 1965 

6 (20 U.S.C. 1067q(b)) is amended— 

7 (1) in paragraph (1)— 

8 (A) by striking subparagraph (A) and in9 serting the following: 

10 ‘‘(A) PROVISION OF FUNDS.—There shall 

11 be available to the Secretary to carry out this 

12 section, from funds in the Treasury not other13 wise appropriated, $300,000,000 for fiscal year 

14 2023 and each fiscal year thereafter.’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(C) ADJUSTMENT FOR INFLATION.—The 

17 amount made available under paragraph (1)(A) 

18 for fiscal year 2024 and each fiscal year there19 after shall be adjusted annually to reflect the 

20 change in the Consumer Price Index for All 

21 Urban Consumers published by the Bureau of 

22 Labor Statistics.’’; and 

23 (2) in paragraph (2)— 

24 (A) in subparagraph (A)— 


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1 (i) in each of clauses (i) and (ii), by 

2 striking ‘‘$100,000,000’’ and inserting 

3 ‘‘$117,500,000’’; and 

4 (ii) in clause (iii), by striking 

5 ‘‘$55,000,000’’ and inserting 

6 ‘‘$65,000,000’’; and 

7 (B) in subparagraph (D)— 

8 (i) in clause (i), by striking 

9 ‘‘$30,000,000’’ each place the term ap10 pears and inserting ‘‘$35,000,000’’; 

11 (ii) in clause (ii), by striking 

12 ‘‘$15,000,000’’ each place the term ap13 pears and inserting ‘‘$18,000,000’’; and 

14 (iii) in each of clauses (iii) and (iv), 

15 by striking ‘‘$5,000,000’’ and inserting 

16 ‘‘$6,000,000’’. 

17 SEC. 304. EXPANDING INSTRUCTION AND OUTREACH BY 

18 TRIBAL COLLEGES AND UNIVERSITIES AND 

19 OTHER AMENDMENTS. 

20 (a) SECTION HEADING.—Section 316 of the Higher 

21 Education Act of 1965 (20 U.S.C. 1059c) is amended, in 

22 the section heading, by striking ‘‘AMERICAN INDIAN

23 TRIBALLY CONTROLLED COLLEGES AND UNIVER24 SITIES’’ and inserting ‘‘TRIBAL COLLEGES AND UNI25 VERSITIES’’. 


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1 (b) AUTHORIZED ACTIVITIES.—Section 316(c)(2) of 

2 the Higher Education Act of 1965 (20 U.S.C. 

3 1059c(c)(2)) is amended— 

4 (1) in subparagraph (D), by striking ‘‘Indians’’ 

5 and all that follows through ‘‘policy’’ and inserting 

6 the following: ‘‘American Indians and Alaska Na7 tives are underrepresented, instruction in Native 

8 American languages, and instruction and programs 

9 to support Tribal governance, Tribal public policy, 

10 and Tribal history and sovereignty’’; and 

11 (2) in subparagraph (L), by striking ‘‘outreach’’ 

12 and all that follows through ‘‘education;’’ and insert13 ing the following: ‘‘outreach and recruitment activi14 ties and programs that encourage American Indian 

15 and Alaska Native elementary school students, sec16 ondary school students, and community members to 

17 develop the academic skills and the interest to pur18 sue and succeed in postsecondary education;’’. 

19 (c) APPLICATION, PLAN, ALLOCATION.—Section 

20 316(d) of the Higher Education Act of 1965 (20 U.S.C. 

21 1059c(d)) is amended— 

22 (1) by striking paragraph (1); 

23 (2) by redesignating paragraphs (2) through 

24 (4) as paragraphs (1) through (3), respectively; and 


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1 (3) in paragraph (3) (as so redesignated), by 

2 adding at the end the following: 

3 ‘‘(C) USE OF UNEXPENDED FUNDS.—Any 

4 funds paid to an institution and not expended 

5 or used for the purposes for which the funds 

6 were paid during the 5-year period following the 

7 date of the initial grant award, may be carried 

8 over and expended during the succeeding 5-year 

9 period, if such funds are obligated for a purpose 

10 for which the funds were paid during the 5-year 

11 period following the date of the initial grant 

12 award.’’. 

13 (d) DEFINITION.—Section 2(a)(4) of the Tribally 

14 Controlled Colleges and Universities Assistance Act of 

15 1978 (25 U.S.C. 1801(a)(4)) is amended by striking ‘‘an 

16 institution’’ and inserting ‘‘a public institution’’. 

17 SEC. 305. ENDOWMENT FUNDS OF TRIBAL COLLEGES AND 

18 UNIVERSITIES. 

19 Section 316(c)(3) of the Higher Education Act of 

20 1965 (20 U.S.C. 1059c(c)(3)) is amended— 

21 (1) by striking subparagraph (B); 

22 (2) by redesignating subparagraph (C) as sub23 paragraph (B); and 

24 (3) by adding at the end the following: 


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1 ‘‘(C) SCHOLARSHIPS.—A Tribal College or 

2 University that uses grant funds provided under 

3 this section to establish or increase an endow4 ment fund may use the interest proceeds from 

5 such endowment to provide scholarships to stu6 dents for the purposes of attending such Tribal 

7 College or University.’’. 

8 SEC. 306. FULL FUNDING FOR OPERATION OF BUREAU9 FUNDED SCHOOLS. 

10 (a) INDIAN SCHOOL EQUALIZATION PROGRAM.— 

11 There is authorized to be appropriated to carry out the 

12 Indian School Equalization Program of the Bureau of In13 dian Affairs, and there is appropriated, out of any monies 

14 in the Treasury not otherwise appropriated, $500,000,000 

15 for fiscal year 2023 and each fiscal year thereafter. 

16 (b) TRIBAL COLLEGES AND UNIVERSITIES OPER17 ATIONS.—There is authorized to be appropriated to fund 

18 operations at Tribal Colleges or Universities that are au19 thorized under titles I and V of the Tribally Controlled 

20 Colleges and Universities Assistance Act of 1978 (25 

21 U.S.C. 1802 et seq., 1861 et seq.) and the Navajo Com22 munity College Act (25 U.S.C. 640a note; Public Law 92– 

23 189), and that originally were authorized under the Act 

24 of November 2, 1921 (25 U.S.C. 13) (commonly known 

25 as the ‘‘Snyder Act’’), and there is appropriated, out of 


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1 any monies in the Treasury not otherwise appropriated, 

2 $150,000,000 for fiscal year 2023 and each fiscal year 

3 thereafter. 

4 (c) ADJUSTMENT FOR INFLATION.—The amount 

5 made available under subsections (a) and (b) for fiscal 

6 year 2024 and each fiscal year thereafter shall be adjusted 

7 annually to reflect the change in the Consumer Price 

8 Index for All Urban Consumers published by the Bureau 

9 of Labor Statistics. 

10 (d) SPECIAL PROGRAMS AND PROJECTS TO IMPROVE

11 EDUCATIONAL OPPORTUNITIES FOR INDIAN CHIL12 DREN.—Subpart 2 of part A of title VI of the Elementary 

13 and Secondary Education Act of 1965 (20 U.S.C. 7441 

14 et seq.) is amended by adding at the end the following: 

15 ‘‘SEC. 6123. FUNDING. 

16 ‘‘(a) IN GENERAL.—Subject to subsection (b), there 

17 is authorized to be appropriated to carry out this subpart, 

18 and there is appropriated, out of any monies in the Treas19 ury not otherwise appropriated, $68,000,000 for fiscal 

20 year 2023 and each fiscal year thereafter. 

21 ‘‘(b) ADJUSTMENT FOR INFLATION.—The amount 

22 made available under subsection (a) for fiscal year 2024 

23 and each fiscal year thereafter shall be adjusted annually 

24 to reflect the change in the Consumer Price Index for All 


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1 Urban Consumers published by the Bureau of Labor Sta2 tistics.’’. 

3 (e) BUREAU OF INDIAN EDUCATION FACILITIES OP4 ERATIONS.— 

5 (1) IN GENERAL.—Subject to paragraph (2), 

6 there is authorized to be appropriated for Bureau of 

7 Indian Education facilities operations costs, includ8 ing costs for electricity, heating fuels, communica9 tions, custodial services, and other operation ex10 penses, and there is appropriated, out of any monies 

11 in the Treasury not otherwise appropriated, 

12 $109,000,000 for fiscal year 2023 and each fiscal 

13 year thereafter. 

14 (2) ADJUSTMENT FOR INFLATION.—The 

15 amount made available under paragraph (1) for fis16 cal year 2024 and each fiscal year thereafter shall 

17 be adjusted annually to reflect the change in the 

18 Consumer Price Index for All Urban Consumers 

19 published by the Bureau of Labor Statistics. 

20 (f) STUDENT TRANSPORTATION.— 

21 (1) IN GENERAL.—Subject to paragraph (2), 

22 there is authorized to be appropriated for the costs 

23 of transportation of students to Bureau-funded 

24 schools, and there is appropriated, out of any monies 

25 in the Treasury not otherwise appropriated, 


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1 $73,000,000 for fiscal year 2023 and each fiscal 

2 year thereafter. 

3 (2) ADJUSTMENT FOR INFLATION.—The 

4 amount made available under paragraph (1) for fis5 cal year 2024 and each fiscal year thereafter shall 

6 be adjusted annually to reflect the change in the 

7 Consumer Price Index for All Urban Consumers 

8 published by the Bureau of Labor Statistics. 

9 SEC. 307. BUREAU OF INDIAN EDUCATION SCHOOL CON10 STRUCTION, MODERNIZATION, AND REPAIR. 

11 (a) IN GENERAL.—Subject to subsection (b), there 

12 are authorized to be appropriated for the costs of con13 struction, facilities improvement, modernization, repair, 

14 and replacement school construction for Bureau-funded 

15 schools, including sanitation, non-mechanical heating, ven16 tilation, and air conditioning system repair and replace17 ment, and there are appropriated, out of any monies in 

18 the Treasury not otherwise appropriated— 

19 (1) $1,000,000,000 for each of fiscal years 

20 2023 through 2027; and 

21 (2) $264,300,000 for fiscal year 2028 and each 

22 fiscal year thereafter. 

23 (b) ADJUSTMENT FOR INFLATION.—The amount 

24 made available under subsection (a)(2) for fiscal year 

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1 nually to reflect the change in the Consumer Price Index 

2 for All Urban Consumers published by the Bureau of 

3 Labor Statistics. 

4 SEC. 308. TRIBAL COLLEGE AND UNIVERSITY CONSTRUC5 TION, MODERNIZATION, AND REPAIR. 

6 (a) IN GENERAL.—Section 112 of the Tribally Con7 trolled Colleges and Universities Assistance Act of 1978 

8 (25 U.S.C. 1812) is amended to read as follows: 

9 ‘‘SEC. 112. TRIBAL COLLEGE AND UNIVERSITY CONSTRUC10 TION, MODERNIZATION, AND REPAIR. 

11 ‘‘(a) STUDY.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall con13 duct a study on the condition of facilities of tribally 

14 controlled colleges or universities, including facilities 

15 of Tribal Colleges or Universities (as defined in sec16 tion 316(b) of the Higher Education Act of 1965 

17 (20 U.S.C. 1059c(b))). 

18 ‘‘(2) REQUIREMENT.—The study under para19 graph (1) shall identify the need for new construc20 tion, renovation, and infrastructure enhancements of 

21 the Tribal Colleges and Universities. 

22 ‘‘(3) CONTRACT.—The Secretary may conduct 

23 the study required in subsection (a) directly or by 

24 contract. 


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1 ‘‘(b) REPORT.—Not later than 18 months after the 

2 date of enactment of the Honoring Promises to Native Na3 tions Act, the Secretary shall submit a report describing 

4 the results of the study under subsection (a) to— 

5 ‘‘(1) the Committee on Indian Affairs of the 

6 Senate; 

7 ‘‘(2) the Subcommittee for Indigenous Peoples 

8 of the United States of the Committee on Natural 

9 Resources of the House of Representatives; 

10 ‘‘(3) the Committee on Appropriations of the 

11 Senate; and 

12 ‘‘(4) the Committee on Appropriations of the 

13 House of Representatives.’’. 

14 (b) INFRASTRUCTURE IMPROVEMENT.—Section 113 

15 of the Tribally Controlled Colleges and Universities Assist16 ance Act of 1978 (25 U.S.C. 1813) is amended to read 

17 as follows: 

18 ‘‘SEC. 113. INFRASTRUCTURE IMPROVEMENT. 

19 ‘‘(a) DEFINITIONS.—In this section: 

20 ‘‘(1) CONSTRUCTION.—The term ‘construction’ 

21 includes any measure to address a facility construc22 tion, maintenance, renovation, reconstruction, or re23 placement need of a Tribal College or University. 

24 ‘‘(2) TRIBAL COLLEGE OR UNIVERSITY.—The 

25 term ‘Tribal College or University’ means a Tribal 


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1 College or University (as defined in section 316(b) 

2 of the Higher Education Act of 1965 (20 U.S.C. 

3 1059c(b))) that was in operation as such a Tribal 

4 College or University— 

5 ‘‘(A) during fiscal year 2022; or 

6 ‘‘(B) for a period of not fewer than 4 con7 secutive fiscal years through an affiliation with 

8 a tribally controlled college or university that 

9 received assistance under this title during fiscal 

10 year 2022. 

11 ‘‘(b) GRANTS.—Subject to the availability of appro12 priations, the Secretary shall provide to a Tribal College 

13 or University the application of which is approved under 

14 subsection (c) a grant for construction in accordance with 

15 this section. 

16 ‘‘(c) APPLICATION.— 

17 ‘‘(1) IN GENERAL.—To be eligible to receive a 

18 grant under this section, a Tribal College or Univer19 sity shall submit to the Secretary an application at 

20 such time, in such manner, and containing such in21 formation as the Secretary may reasonably require. 

22 ‘‘(2) APPROVAL.—The Secretary shall approve 

23 an application submitted under paragraph (1) if the 

24 Secretary determines that— 


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1 ‘‘(A) the application meets all applicable 

2 requirements established by the Secretary; and 

3 ‘‘(B) identifies a need for construction at 

4 the Tribal College or University. 

5 ‘‘(d) ELIGIBLE ACTIVITIES.—A Tribal College or 

6 University shall use a grant provided under this section 

7 to address facilities and infrastructure needs, including— 

8 ‘‘(1) construction of new facilities, including— 

9 ‘‘(A) classrooms; 

10 ‘‘(B) administrative offices; 

11 ‘‘(C) libraries; 

12 ‘‘(D) health, fitness, and cultural centers; 

13 ‘‘(E) child care centers; 

14 ‘‘(F) technology centers; 

15 ‘‘(G) housing for students, faculty, and 

16 staff; and 

17 ‘‘(H) other facilities necessary to an insti18 tution of higher education; 

19 ‘‘(2) renovating or expanding an existing or ac20 quired facility; 

21 ‘‘(3) providing new or existing facilities with 

22 equipment and infrastructure, including— 

23 ‘‘(A) laboratory equipment; 

24 ‘‘(B) computer infrastructure and equip25 ment; 


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1 ‘‘(C) broadband infrastructure and equip2 ment; 

3 ‘‘(D) library books; and 

4 ‘‘(E) furniture; and 

5 ‘‘(4) property acquisition. 

6 ‘‘(e) NO MATCH REQUIREMENT.—A Tribal College 

7 or University that receives a grant under this section shall 

8 not be required to make a matching contribution for any 

9 Federal amounts received. 

10 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

11 is authorized to be appropriated to carry out this section 

12 $525,000,000 for each of fiscal years 2023 through 

13 2025.’’. 

14 (c) CONFORMING AMENDMENT.—Section 110(a)(3) 

15 of the Tribally Controlled Colleges and Universities Assist16 ance Act of 1978 (25 U.S.C. 1810(a)(3)) is amended by 

17 striking ‘‘sections 112(b) and 113’’ and inserting ‘‘section 

18 112(b)’’. 

19 SEC. 309. SUPPORT FOR NATIVE STUDENTS AND EDU20 CATORS IN NATIVE-SERVING SCHOOLS. 

21 (a) PURPOSE.—The purpose of this section is to ad22 dress the shortage of qualified teachers serving American 

23 Indian, Alaska Native, and Native Hawaiian elementary 

24 school and secondary school students by attracting, and 

25 retaining, quality teachers to Native-serving schools, while 


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1 also increasing the number of American Indian, Alaska 

2 Native, and Native Hawaiian teachers in those schools. 

3 (b) SUPPORT FOR NATIVE STUDENTS AND EDU4 CATORS IN NATIVE-SERVING SCHOOLS.—Part B of title 

5 II of the Higher Education Act of 1965 (20 U.S.C. 1031 

6 et seq.) is amended by adding at the end the following: 

7 ‘‘Subpart 6—Support for Native Students and 

8 Educators in Native-Serving Schools 

9 ‘‘SEC. 259A. DEFINITIONS. 

10 ‘‘In this subpart: 

11 ‘‘(1) BUREAU-FUNDED SCHOOL.—The term 

12 ‘Bureau-funded school’ has the meaning given that 

13 term in section 1141 of the Education Amendments 

14 of 1978 (25 U.S.C. 2021). 

15 ‘‘(2) BUREAU OF INDIAN EDUCATION EARLY

16 CHILDHOOD DEVELOPMENT PROGRAM.—The term 

17 ‘Bureau of Indian Education early childhood devel18 opment program’ means a program operating under 

19 a grant authorized by section 1139 of the Education 

20 Amendments of 1978 (25 U.S.C. 2019). 

21 ‘‘(3) ELIGIBLE EDUCATOR.—The term ‘eligible 

22 educator’ means an individual who— 

23 ‘‘(A) received a stipend and mentoring 

24 under section 259B; 


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1 ‘‘(B) completed the individual’s program of 

2 study and earned an undergraduate or graduate 

3 degree in early childhood education, elementary 

4 or secondary education, or school administra5 tion from an institution of higher education; 

6 and 

7 ‘‘(C) obtains full-time employment in a 

8 Native-serving school. 

9 ‘‘(4) ELIGIBLE STUDENT.—The term ‘eligible 

10 student’ means an individual who— 

11 ‘‘(A) is an Indian or a Native Hawaiian; 

12 ‘‘(B) is pursuing an undergraduate or 

13 graduate degree in early childhood education, 

14 elementary or secondary education, or school 

15 administration from an institution of higher 

16 education; and 

17 ‘‘(C) in the case of an undergraduate stu18 dent, has completed not less than 2 years of 

19 study toward the degree described in subpara20 graph (B). 

21 ‘‘(5) INDIAN.—The term ‘Indian’ has the mean22 ing given such term in section 316(b). 

23 ‘‘(6) NATIVE HAWAIIAN.—The term ‘Native 

24 Hawaiian’ has the meaning given the term in section 


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1 6207 of the Elementary and Secondary Education 

2 Act of 1965 (20 U.S.C. 7517). 

3 ‘‘(7) NATIVE-SERVING SCHOOL.—The term ‘Na4 tive-serving school’ means— 

5 ‘‘(A) a Bureau-funded school, including a 

6 Bureau of Indian Education early childhood de7 velopment program; 

8 ‘‘(B) a public elementary school or sec9 ondary school that, for the school year during 

10 which an eligible student or eligible educator is 

11 employed at such school for purposes of section 

12 259B(d)(2)(B) or 259C, respectively— 

13 ‘‘(i) has a student enrollment of 25 

14 percent or more Indian or Native Hawai15 ian students; and 

16 ‘‘(ii) is located in the school district of 

17 a local educational agency eligible for as18 sistance under part A of title I of the Ele19 mentary and Secondary Education Act of 

20 1965; 

21 ‘‘(C) a tribal early childhood education 

22 program; or 

23 ‘‘(D) a federally funded early childhood 

24 education program that serves a significant 

25 number of Native students, as determined by 


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1 the Secretary in consultation with Indian tribes 

2 and in collaboration with a Native Hawaiian or3 ganization. 

4 ‘‘(8) TRIBAL EARLY CHILDHOOD EDUCATION

5 PROGRAM.—The term ‘tribal early childhood edu6 cation program’ means any of the following pro7 grams: 

8 ‘‘(A) A Head Start or Early Head Start 

9 program carried out under the Head Start Act 

10 (42 U.S.C. 9831 et seq.) that is located in 

11 Head Start region IX or XI. 

12 ‘‘(B) A tribal child care and development 

13 program carried out under the Child Care and 

14 Development Block Grant Act of 1990 (42 

15 U.S.C. 9858 et seq.). 

16 ‘‘(C) A program serving children from 

17 birth through age 6 that— 

18 ‘‘(i) receives funding support from the 

19 Native American language preservation 

20 and maintenance program carried out 

21 under section 803C of the Native Amer22 ican Programs Act of 1974 (42 U.S.C. 

23 2991b–3); 

24 ‘‘(ii) is a tribal prekindergarten pro25 gram; 


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1 ‘‘(iii) is a program authorized under 

2 section 619 or part C of the Individuals 

3 with Disabilities Education Act with a stu4 dent enrollment of 25 percent or more In5 dian or Native Hawaiian students; or 

6 ‘‘(iv) is a center-based or group-based 

7 early childhood learning or development 

8 program that the Secretary determines 

9 shall be included under this definition, 

10 after receiving a request from an Indian 

11 tribe or a Native Hawaiian organization. 

12 ‘‘(9) TRIBAL EDUCATIONAL AGENCY.—The 

13 term ‘tribal educational agency’ has the meaning 

14 given the term in section 6132(b) of the Elementary 

15 and Secondary Education Act of 1965. 

16 ‘‘SEC. 259B. STIPENDS AND MENTORING TO NATIVE STU17 DENTS PURSUING EDUCATION DEGREES. 

18 ‘‘(a) PROGRAM AUTHORIZED.—From amounts made 

19 available to carry out this section, the Secretary shall 

20 carry out a program under which the Secretary provides 

21 stipends under subsection (b) and mentoring through 

22 grants under subsection (c) to eligible students, in order 

23 to increase the number of Native teachers in Native-serv24 ing schools. 


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1 ‘‘(b) STIPENDS.—A stipend provided under this sec2 tion shall be in an amount equal to $1,500 a month, for 

3 each month during the period in which the student is en4 rolled, on a full-time or part-time basis, in a program lead5 ing to an undergraduate or graduate degree in early child6 hood education, elementary or secondary education, or 

7 school administration from an institution of higher edu8 cation and until the eligible student obtains the degree. 

9 ‘‘(c) MENTORING.—The Secretary shall award 

10 grants, on a competitive basis, to institutions of higher 

11 education serving American Indian, Alaska Native, or Na12 tive Hawaiian students, to enable the institution to estab13 lish programs that provide mentoring to all eligible stu14 dents receiving a stipend under this section. 

15 ‘‘(d) APPLICATIONS.—An eligible student desiring a 

16 stipend and mentoring under this section shall submit an 

17 application— 

18 ‘‘(1) at such time and in such manner as the 

19 Secretary shall require; and 

20 ‘‘(2) that includes— 

21 ‘‘(A) a commitment to continue pursuing 

22 an undergraduate or graduate degree in early 

23 childhood education, elementary or secondary 

24 education, or school administration at an insti25 tution of higher education during the period for 


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1 which the eligible student receives a stipend; 

2 and 

3 ‘‘(B) a commitment to serve, upon comple4 tion of the degree described in subparagraph 

5 (A), in a Native-serving school for a minimum 

6 of 3 years. 

7 ‘‘(e) REPORTING.—The Secretary shall annually pre8 pare and submit to Congress a report regarding the pro9 gram carried out under this section, which shall include 

10 the numbers and percentages of— 

11 ‘‘(1) eligible students receiving assistance under 

12 this section who complete their undergraduate or 

13 graduate degree; 

14 ‘‘(2) such students who begin teaching in a Na15 tive-serving school upon completion of the degree; 

16 and 

17 ‘‘(3) such students who teach in a Native-serv18 ing school for 3 years or more. 

19 ‘‘SEC. 259C. BONUSES AND MENTORING FOR NEW EDU20 CATORS. 

21 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall 

22 carry out a program through which the Secretary provides 

23 bonuses described in subsection (b) and mentoring 

24 through grants under subsection (c) to eligible educators 

25 employed in Native-serving schools, in order to address— 


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1 ‘‘(1) the compensation gap between teaching 

2 and other professions; and 

3 ‘‘(2) the additional living expenses that eligible 

4 educators face in order to work in Native-serving 

5 schools. 

6 ‘‘(b) BONUSES.—The amount of a bonus under this 

7 section shall be— 

8 ‘‘(1) not less than $10,000 for each year of full9 time teaching; and 

10 ‘‘(2) increased by $2,000 for each year that the 

11 eligible educator is employed in a Native-serving 

12 school. 

13 ‘‘(c) MENTORING.—The Secretary shall award 

14 grants, on a competitive basis, to local educational agen15 cies serving Native-serving schools to enable the local edu16 cational agencies to establish teacher mentorship pro17 grams that provide mentoring to all eligible educators re18 ceiving a bonus under this section for the first 3 years 

19 of the eligible educator’s employment in a Native-serving 

20 school. 

21 ‘‘(d) APPLICATIONS.—An eligible educator desiring a 

22 bonus and mentoring under this section shall submit an 

23 application— 

24 ‘‘(1) at such time and in such manner as the 

25 Secretary shall determine; and 


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1 ‘‘(2) identifying the Native-serving school in 

2 which the eligible educator is employed. 

3 ‘‘(e) REPORTING.—The Secretary shall annually pre4 pare and submit to Congress a report regarding the pro5 gram carried out under this section, which shall include 

6 the numbers and percentages of eligible educators receiv7 ing bonuses under this section who teach in Native-serving 

8 schools for not less than 3 years.’’. 

9 (c) NATIONAL BOARD CERTIFICATION INCENTIVE

10 PROGRAM.— 

11 (1) IN GENERAL.—Title VI of the Elementary 

12 and Secondary Education Act of 1965 (20 U.S.C. 

13 7401 et seq.) is amended by adding at the end the 

14 following: 

15 ‘‘PART D—NATIONAL BOARD CERTIFICATION 

16 INCENTIVE PROGRAM 

17 ‘‘SEC. 6401. NATIONAL BOARD CERTIFICATION INCENTIVE 

18 PROGRAM. 

19 ‘‘(a) PURPOSES.—The purposes of this section are— 

20 ‘‘(1) to improve the skills of qualified individ21 uals who are Indian or Native Hawaiian or who 

22 teach Indian or Native Hawaiian people; 

23 ‘‘(2) to provide an incentive for qualified edu24 cators to continue to utilize their enhanced skills in 


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1 elementary schools and secondary schools serving In2 dian or Native Hawaiian communities; and 

3 ‘‘(3) to increase the retention of highly skilled 

4 Indian or Native Hawaiian educators in elementary 

5 schools and secondary schools seeking to better in6 corporate Indian or Native Hawaiian culture and 

7 history into the general curriculum. 

8 ‘‘(b) DEFINITIONS.—In this section: 

9 ‘‘(1) BUREAU-FUNDED SCHOOL.—The term 

10 ‘Bureau-funded school’ has the meaning given the 

11 term in section 1141 of the Education Amendments 

12 of 1978 (25 U.S.C. 2021). 

13 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en14 tity’ means— 

15 ‘‘(A) a State educational agency in consor16 tium with an institution of higher education; 

17 ‘‘(B) a local educational agency in consor18 tium with an institution of higher education; 

19 ‘‘(C) an Indian tribe or organization or a 

20 Native Hawaiian organization, in consortium 

21 with a local educational agency and an institu22 tion of higher education; 

23 ‘‘(D) an Indian tribe or organization, in 

24 consortium with a Bureau-funded school and an 

25 institution of higher education; or 


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1 ‘‘(E) a Bureau-funded school in consor2 tium with an institution of higher education. 

3 ‘‘(3) ELIGIBLE EDUCATOR.—The term ‘eligible 

4 educator’ means— 

5 ‘‘(A) a teacher who teaches a minimum 

6 number of Indian or Native Hawaiian students, 

7 as determined by the Secretary in consultation 

8 with Indian tribes or in collaboration with a 

9 Native Hawaiian organization; or 

10 ‘‘(B) a teacher who is Indian or Native 

11 Hawaiian. 

12 ‘‘(4) INDIAN.—The term ‘Indian’ has the mean13 ing given the term in section 6151. 

14 ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 

15 has the meaning given the term in section 4 of the 

16 Indian Self-Determination and Education Assistance 

17 Act (25 U.S.C. 5304). 

18 ‘‘(6) NATIVE HAWAIIAN.—The term ‘Native 

19 Hawaiian’ has the meaning given the term in section 

20 6207. 

21 ‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au22 thorized to award grants to eligible entities having applica23 tions approved under this section to enable such eligible 

24 entities to— 


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1 ‘‘(1) reimburse eligible educators for out-of2 pocket costs associated with obtaining teacher cer3 tification or credentialing by the National Board for 

4 Professional Teaching Standards; and 

5 ‘‘(2) provide an increase in annual compensa6 tion, in an amount equal to not less than $5,000 

7 and not more than $10,000, for eligible educators 

8 with a certification from the National Board for 

9 Professional Teaching Standards for the duration of 

10 the grant under this section. 

11 ‘‘(d) APPLICATION.— 

12 ‘‘(1) IN GENERAL.—Each eligible entity desir13 ing a grant under this section shall submit an appli14 cation to the Secretary at such time, in such man15 ner, and accompanied by such information, as the 

16 Secretary may reasonably require. 

17 ‘‘(2) SPECIAL RULE.—In the case of an eligible 

18 entity desiring to utilize all or a portion of a grant 

19 under this section for eligible educators identified in 

20 subparagraph (B) of subsection (b)(3) who would 

21 not also qualify as an eligible educator under sub22 paragraph (A) of such subsection, the eligible entity 

23 shall provide an assurance that grant funds will sup24 port only those educators who are Native Hawaiian 

25 or tribally enrolled or affiliated with an Indian tribe. 


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1 ‘‘(e) AWARDING OF GRANTS.—In awarding grants 

2 under this section, the Secretary shall determine the 

3 amount and duration of each grant, which shall not exceed 

4 5 years. 

5 ‘‘(f) RESTRICTIONS ON COMPENSATION IN6 CREASES.—The Secretary shall require and ensure that 

7 individuals who obtain a certification from the National 

8 Board for Professional Teaching Standards under this 

9 section continue to teach at a school served by the eligible 

10 entity through which funding for such certification was ob11 tained as a condition of receiving annual compensation in12 creases provided for in this section. 

13 ‘‘(g) PROGRESS REPORTS.— 

14 ‘‘(1) IN GENERAL.—For every year for which 

15 Congress allocates funds for grants under this sec16 tion, the Secretary shall provide a report on the 

17 progress of the eligible entities receiving grants 

18 under this section in meeting applicable progress 

19 standards, as determined by the Secretary. 

20 ‘‘(2) DISSEMINATION.—The Secretary shall dis21 seminate each report described in this subsection to 

22 each of the following: 

23 ‘‘(A) The Committee on Health, Edu24 cation, Labor, and Pensions of the Senate. 


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1 ‘‘(B) The Committee on Indian Affairs of 

2 the Senate. 

3 ‘‘(C) The Subcommittee for Indigenous 

4 Peoples of the United States of the Committee 

5 on Natural Resources of the House of Rep6 resentatives. 

7 ‘‘(D) The Committee on Education and 

8 Labor of the House of Representatives.’’. 

9 (2) TABLE OF CONTENTS.—The table of con10 tents for the Elementary and Secondary Education 

11 Act of 1965 is amended by inserting after the item 

12 relating to section 6306 the following: 

‘‘PART D—NATIONAL BOARD CERTIFICATION INCENTIVE PROGRAM

‘‘Sec. 6401. National Board certification incentive program.’’. 

13 (d) NATIVE LANGUAGE VITALIZATION AND TRAIN14 ING PROGRAM FOR TRIBAL COLLEGES OR UNIVERSITIES

15 AND OTHER INSTITUTIONS OF HIGHER EDUCATION

16 SERVING SIGNIFICANT NUMBERS OF NATIVE STU17 DENTS.— 

18 (1) PROGRAM ESTABLISHED.—Part A of title 

19 III of the Higher Education Act of 1965 (20 U.S.C. 

20 1057 et seq.) is amended by adding at the end the 

21 following: 

22 ‘‘SEC. 320A. NATIVE AMERICAN LANGUAGE VITALIZATION 

23 AND TRAINING PROGRAM. 

24 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) ELIGIBLE INSTITUTION.—Notwithstanding 

2 section 312(b), the term ‘eligible institution’ 

3 means— 

4 ‘‘(A) a Tribal College or University; 

5 ‘‘(B) an Alaska Native-serving institution, 

6 as defined in section 317(b); or 

7 ‘‘(C) a Native Hawaiian-serving institu8 tion, as defined in section 317(b). 

9 ‘‘(2) NATIVE AMERICAN LANGUAGE.—The term 

10 ‘Native American language’ has the meaning given 

11 the term in section 103 of the Native American Lan12 guages Act (25 U.S.C. 2902). 

13 ‘‘(3) TRIBAL COLLEGE OR UNIVERSITY.—The 

14 term ‘Tribal College or University’ has the meaning 

15 given the term in section 316(b). 

16 ‘‘(b) PURPOSE.—The purpose of this section is to 

17 support eligible institutions in preserving and revitalizing 

18 endangered Native American languages through cur19 riculum development, instruction, student support, and in20 novative early childhood education programs and commu21 nity-based partnerships. 

22 ‘‘(c) PROGRAM AUTHORIZED.—The Secretary shall 

23 establish a program, to be known as the ‘Tribal College 

24 or University Native American Language Vitalization and 

25 Training Program’, to award grants, on a competitive 


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•S 5186 IS

1 basis, to eligible institutions to enable the eligible institu2 tions to carry out the authorized activities described in 

3 subsection (d). 

4 ‘‘(d) AUTHORIZED ACTIVITIES.—Grants awarded 

5 under this section shall be used for one or more of the 

6 following activities: 

7 ‘‘(1) Native American language-oriented cur8 riculum development and academic and community9 based instruction, including educational activities, 

10 programs, and partnerships relating to students in 

11 early childhood education programs and in kinder12 garten through grade 12. 

13 ‘‘(2) Native American language-oriented profes14 sional development for faculty of eligible institutions, 

15 and Native American language-oriented in-service 

16 training programs for instructors and administrators 

17 of early childhood education programs, elementary 

18 schools, and secondary schools. 

19 ‘‘(3) Innovative Native American language pro20 grams for students in early childhood education pro21 grams and in kindergarten through grade 12, includ22 ing language immersion programs. 

23 ‘‘(4) Other activities proposed in the application 

24 submitted under subsection (e) that— 


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1 ‘‘(A) contribute to carrying out the pur2 poses of this section; and 

3 ‘‘(B) are approved by the Secretary in the 

4 review and acceptance of such application. 

5 ‘‘(e) APPLICATION AND OTHER PROVISIONS.— 

6 ‘‘(1) APPLICATION.—An eligible institution de7 siring a grant under this section shall submit an ap8 plication to the Secretary at such time and in such 

9 manner as the Secretary may require, consistent 

10 with the purpose of this section. 

11 ‘‘(2) STREAMLINED PROCESS.—Notwith12 standing section 393, the Secretary shall establish 

13 application requirements in such a manner as to 

14 simplify and streamline the process for applying for 

15 grants under this section. 

16 ‘‘(3) INCLUSIONS.—An application under this 

17 subsection shall include a plan for the program pro18 posed by the eligible institution receiving the grant, 

19 including— 

20 ‘‘(A) a description of a 5-year strategy of 

21 the eligible institution for meeting the needs of 

22 American Indians, Alaska Natives, Native Ha23 waiians, or Native American Pacific Islanders, 

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1 tution, and how such plan is consistent with the 

2 purpose described in subsection (b); 

3 ‘‘(B)(i) an identification of the population 

4 to be served by the eligible institution; 

5 ‘‘(ii) an identification of the status of Na6 tive American language understanding and use 

7 within that population; and 

8 ‘‘(iii) a description of the manner in which 

9 the program will help preserve and revitalize 

10 the relevant Native American language; 

11 ‘‘(C) a description of the services to be 

12 provided under the program, including the man13 ner in which the services will be integrated with 

14 other appropriate activities of the relevant com15 munity; and 

16 ‘‘(D) a description, to be prepared in con17 sultation with the Secretary, of the performance 

18 measures to be used to assess the performance 

19 of the eligible institution in carrying out the 

20 program. 

21 ‘‘(4) PRIORITY.—In awarding grants under this 

22 section with funds described in section 

23 399(a)(1)(G)(i), the Secretary shall give priority to 

24 eligible institutions that received funding under sec25 tion 316 in fiscal year 2022. 


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1 ‘‘(5) CONCURRENT FUNDING.— 

2 ‘‘(A) TRIBAL COLLEGE OR UNIVERSITY.— 

3 An eligible institution that is a Tribal College 

4 or University may, concurrently, receive a grant 

5 under this section and funds under section 316. 

6 ‘‘(B) ALASKA NATIVE-SERVING INSTITU7 TION OR NATIVE HAWAIIAN-SERVING INSTITU8 TION.—An eligible institution that is an Alaska 

9 Native-serving institution or Native Hawaiian10 serving institution may, concurrently, receive a 

11 grant under this section and funds under sec12 tion 317. 

13 ‘‘(6) EXEMPTIONS.—Sections 311(d), 313(d), 

14 314, 315, 316(d)(3), 317(d)(3), 318(i), 319(d)(3), 

15 320(d)(3), and 391 shall not apply with respect to 

16 a grant awarded under this section.’’. 

17 (2) APPROPRIATIONS.—Section 399(a)(1) of 

18 the Higher Education Act of 1965 (20 U.S.C. 

19 1068h(a)(1)) is amended— 

20 (A) in subparagraph (A), by striking 

21 ‘‘320’’ and inserting ‘‘320B’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(G) There is authorized to be appropriated to 

24 carry out section 320A, and there is appropriated, 

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1 propriated, $40,000,000 for each of fiscal years 

2 2023 through 2028, of which, for each fiscal year— 

3 ‘‘(i) $35,000,000 shall be available for eli4 gible institutions that are Tribal Colleges or 

5 Universities, as described in section 

6 320A(a)(1)(A); and 

7 ‘‘(ii) $5,000,000 shall be available for eligi8 ble institutions described in subparagraph (B) 

9 or (C) of section 320A(a)(1). 

10 ‘‘(H) There is authorized to be appropriated to 

11 carry out section 320B, and there is appropriated, 

12 out of any monies in the Treasury not otherwise ap13 propriated, $5,000,000 for each of fiscal years 2023 

14 through 2028.’’. 

15 SEC. 310. JOHNSON-O’MALLEY FUNDING. 

16 (a) IN GENERAL.—There is authorized to be appro17 priated to the Secretary of the Interior to carry out the 

18 Act of April 16, 1934 (48 Stat. 596, chapter 147; 25 

19 U.S.C. 5342 et seq.) (commonly known as the ‘‘Johnson20 O’Malley Act’’), and there is appropriated, out of any 

21 monies in the Treasury not otherwise appropriated, 

22 $240,086,800 for fiscal year 2023 and each fiscal year 

23 thereafter. 

24 (b) ADJUSTMENT.—The amount made available 

25 under subsection (a) for fiscal year 2024 and each fiscal 


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1 year thereafter shall be increased annually to reflect 

2 whichever of the following changes would result in a great3 er amount: 

4 (1) The change in the number of eligible stu5 dents who are served or potentially served by a con6 tracting party (as defined in subsection (a) of sec7 tion 7 of the Act of April 16, 1934 (48 Stat. 596, 

8 chapter 147; 25 U.S.C. 5348)), as determined under 

9 subsection (b) of that section. 

10 (2) An annual increase of 6 percent. 

11 SEC. 311. NATIVE LANGUAGES. 

12 (a) NATIVE AMERICAN LANGUAGES GRANT PRO13 GRAM.—Section 816(e) of the Native American Programs 

14 Act of 1974 (42 U.S.C. 2992d(e)) is amended— 

15 (1) by striking ‘‘(e) There are authorized to be 

16 appropriated’’ and inserting the following: 

17 ‘‘(e) FUNDING FOR NATIVE AMERICAN LANGUAGES

18 GRANT PROGRAM.— 

19 ‘‘(1) FUNDING FOR FISCAL YEARS 2020

20 THROUGH 2024.—There is authorized to be appro21 priated, and there is appropriated, out of any monies 

22 in the Treasury not otherwise appropriated,’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(2) FUNDING FOR FISCAL YEARS 2025

25 THROUGH 2037.— 


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1 ‘‘(A) IN GENERAL.—There is authorized to 

2 be appropriated, and there is appropriated, out 

3 of any monies in the Treasury not otherwise ap4 propriated, to carry out section 803C 

5 $20,000,000 for each of fiscal years 2025 

6 through 2037. 

7 ‘‘(B) ADJUSTMENT FOR INFLATION.—The 

8 amount made available under subparagraph (A) 

9 for fiscal year 2026 and each fiscal year there10 after shall be adjusted annually to reflect the 

11 change in the Consumer Price Index for All 

12 Urban Consumers published by the Bureau of 

13 Labor Statistics.’’. 

14 (b) INDIAN EDUCATION NATIONAL ACTIVITIES.— 

15 Subpart 3 of part A of title VI of the Elementary and 

16 Secondary Education Act of 1965 (20 U.S.C. 7451 et 

17 seq.) is amended by adding at the end the following: 

18 ‘‘SEC. 6134. FUNDING. 

19 ‘‘(a) IN GENERAL.—There is authorized to be appro20 priated to carry out this subpart, and there is appro21 priated, out of any monies in the Treasury not otherwise 

22 appropriated, $13,000,000 for each of fiscal years 2023 

23 through 2031. 


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1 ‘‘(b) RESERVATION.—From the amount made avail2 able under subsection (a), $5,000,000 shall be reserved 

3 to carry out section 6133.’’. 

4 (c) NATIVE AMERICAN LANGUAGE RESOURCE CEN5 TER.—Section 603 of the Higher Education Act of 1965 

6 (20 U.S.C. 1123) is amended— 

7 (1) by redesignating subsections (b) and (c) as 

8 subsections (c) and (d), respectively; 

9 (2) by inserting after subsection (a) the fol10 lowing: 

11 ‘‘(b) NATIVE AMERICAN LANGUAGE RESOURCE CEN12 TER AUTHORIZED.— 

13 ‘‘(1) IN GENERAL.—The Secretary is authorized 

14 to, after engaging in consultation with Indian tribes 

15 and after collaborating with Native Hawaiian orga16 nizations, make a grant to, or enter into a contract 

17 with, an eligible entity for the purpose of— 

18 ‘‘(A) establishing, strengthening, and oper19 ating a Native American language resource and 

20 training center as described in paragraph (2); 

21 and 

22 ‘‘(B) staffing the center with individuals 

23 who have high-level fluency in American Indian, 

24 Alaska Native, and Native Hawaiian languages 

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1 guage education in preschool, elementary 

2 school, secondary school, adult education, and 

3 higher education programs. 

4 ‘‘(2) PURPOSES OF CENTER.—The Native 

5 American language resource center established under 

6 paragraph (1) shall serve as a resource to— 

7 ‘‘(A) improve the capacity to teach and 

8 learn Native American languages and further 

9 Native American language acquisition; 

10 ‘‘(B) preserve, protect, and promote the 

11 rights and freedom of Native Americans to use, 

12 practice, and develop Native American lan13 guages; 

14 ‘‘(C) allow the United States to fulfill its 

15 trust responsibility to Native American commu16 nities and address the effects of past discrimi17 nation against Native American language 

18 speakers; 

19 ‘‘(D) support revitalization of Native 

20 American languages; 

21 ‘‘(E) encourage and support the use of Na22 tive American languages as a medium of in23 struction, including use as a medium of edu24 cation in schools operated by Indian tribes, 


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1 States, the Federal Government, and Native 

2 American language educational organizations; 

3 ‘‘(F) encourage and support the use and 

4 development of Native American languages as 

5 the medium of instruction for a wide variety of 

6 age levels and academic content areas; 

7 ‘‘(G) support metrics aligned with the Na8 tive American language of instruction, including 

9 assessments, qualifications, and processes based 

10 on well-demonstrated best practices in Native 

11 American language medium education; 

12 ‘‘(H) identify barriers to Native American 

13 language education and learning within Federal 

14 laws and actions needed for alignment with the 

15 Native American Languages Act (25 U.S.C. 

16 2901 et seq.); 

17 ‘‘(I) encourage and support elementary 

18 schools, secondary schools, and institutions of 

19 higher education to include Native American 

20 languages in the curriculum in the same man21 ner as other world languages, including through 

22 cooperative agreements and distance education, 

23 and to grant proficiency in Native American 

24 languages the same full academic credit as pro25 ficiency in other world languages; 


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1 ‘‘(J) encourage and support the develop2 ment of appropriate teacher preparation pro3 gramming for the teaching of, and through, Na4 tive American languages, including appropriate 

5 alternative pathways to teacher certification; 

6 ‘‘(K) provide a resource base to provide in7 formation to Federal, Tribal, State, and local 

8 governments and Native American educational 

9 organizations to allow the spread of best prac10 tices in the use, practice, and development of 

11 Native American languages in Native American 

12 communities, including use in educational insti13 tutions; 

14 ‘‘(L) provide a resource base for the use of 

15 technology in intensive community-, land-, and 

16 archive-based programs, as well as hybrid and 

17 collaborative programs in supporting the reten18 tion, use, development, and teaching of Native 

19 American languages by government and private 

20 entities; 

21 ‘‘(M) support the acquisition of distance 

22 learning technologies and training for parents, 

23 students, teachers, and learning support staff, 

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1 get Native American languages, the develop2 ment of distance learning curricula appropriate 

3 for preschool, elementary school, secondary 

4 school, adult education, and postsecondary edu5 cation, the pedagogical training for teachers, 

6 and other efforts necessary to continue Native 

7 American language acquisition through distance 

8 learning; 

9 ‘‘(N) provide a developmental base from 

10 which interested Tribal Colleges and Univer11 sities and other Native American entities might 

12 develop fully functioning Native American lan13 guage medium education systems that include 

14 associated preschool, elementary school, sec15 ondary school, and adult education programs 

16 conducted through the medium of Native Amer17 ican languages; 

18 ‘‘(O) provide a means to further collabora19 tion among formal government, institutional, 

20 and community-based Native American lan21 guage programs, resources, and research efforts 

22 with additional access to international best 

23 practices in indigenous language revitalization; 

24 ‘‘(P) develop a support center system for 

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1 er and share helpful information and experi2 ences; and 

3 ‘‘(Q) address any of the purposes of for4 eign language centers included under this sec5 tion if, in doing so, the Native American lan6 guage resource and training center— 

7 ‘‘(i) does so as a subsidiary activity; 

8 ‘‘(ii) focuses benefits on Native Amer9 icans living in Native American commu10 nities, or closely tied to such communities; 

11 and 

12 ‘‘(iii) ensures that one of the out13 comes being strengthened through this 

14 subparagraph is the use of one or more 

15 Native American languages in a Native 

16 American community. 

17 ‘‘(3) DEFINITIONS.—In this subsection: 

18 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi19 ble entity’ means— 

20 ‘‘(i) an institution of higher education; 

21 ‘‘(ii) an entity within an institution of 

22 higher education with dedicated responsi23 bility for Native American language and 

24 culture education; 


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1 ‘‘(iii) a consortium of such institu2 tions; 

3 ‘‘(iv) a consortium of such institutions 

4 and other entities with unique responsibil5 ities for Native American languages; 

6 ‘‘(v) an Indian tribe; 

7 ‘‘(vi) a consortium of Indian tribes; or 

8 ‘‘(vii) a Native Hawaiian organization. 

9 ‘‘(B) INDIAN TRIBE.—The term ‘Indian 

10 tribe’ has the meaning given the term in section 

11 5 of the Honoring Promises to Native Nations 

12 Act. 

13 ‘‘(C) NATIVE AMERICAN; NATIVE AMER14 ICAN LANGUAGE.—The terms ‘Native Amer15 ican’ and ‘Native American language’ have the 

16 meanings given those terms in section 103 of 

17 the Native American Languages Act (25 U.S.C. 

18 2902). 

19 ‘‘(D) NATIVE HAWAIIAN ORGANIZATION.— 

20 The term ‘Native Hawaiian organization’ has 

21 the meaning given the term in section 5 of the 

22 Honoring Promises to Native Nations Act.’’; 

23 and 

24 (3) in the matter preceding paragraph (1) of 

25 subsection (c), as redesignated by paragraph (1), by 


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1 striking ‘‘subsection (a)’’ and inserting ‘‘this sec2 tion’’. 

3 SEC. 312. CULTURALLY INCLUSIVE EDUCATION. 

4 (a) DEFINITIONS.—In this section: 

5 (1) DIRECTOR.—The term ‘‘Director’’ means 

6 the Director of the Bureau of Indian Education. 

7 (2) ELIGIBLE PROGRAM PARTICIPANT.—The 

8 term ‘‘eligible program participant’’ means— 

9 (A) a high school teacher, a teacher of one 

10 of the middle grades, or a school leader of a 

11 high school or a school that includes one of the 

12 middle grades (as such terms are defined in 

13 section 8101 of the Elementary and Secondary 

14 Education Act of 1965 (20 U.S.C. 7801)); 

15 (B) an educational leader or expert who is 

16 not employed by a local educational agency (as 

17 defined in section 8101 of the Elementary and 

18 Secondary Education Act of 1965 (20 U.S.C. 

19 7801)) or an elementary school or secondary 

20 school (as such terms are so defined) that is 

21 independent of any local educational agency; or 

22 (C) a prospective teacher enrolled in a pro23 gram of postsecondary education coursework or 

24 preservice clinical education. 


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1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Education. 

3 (b) PROGRAM AUTHORIZED; APPROPRIATION.— 

4 (1) FUNDING.—There is authorized to be ap5 propriated to carry out this section, and there is ap6 propriated, out of any monies in the Treasury not 

7 otherwise appropriated, $15,000,000. 

8 (2) DONATIONS, GIFTS, BEQUESTS, AND DE9 VISES OF PROPERTY.—In accordance with chapter 

10 23 of title 36, United States Code, and in further11 ance of the purposes of this section, the Director 

12 and Secretary are authorized to solicit, accept, hold, 

13 administer, invest, and use donated funds and gifts, 

14 bequests, and devises of property, both real and per15 sonal. 

16 (3) USE OF FUNDS.—The Director, in coordina17 tion with the Secretary, using funds appropriated 

18 under paragraph (1) and resources received under 

19 paragraph (2), and including through the engage20 ment of eligible program participants as appro21 priate— 

22 (A) shall develop and nationally dissemi23 nate accurate, relevant, and accessible resources 

24 to promote understanding about Native Amer25 ican history, the Native American experience, 


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1 and the legal responsibility of the Federal Gov2 ernment to Indian tribes and Native Hawaiian 

3 people, which shall include digital resources and 

4 may include other types of resources, such as 

5 print resources and traveling exhibitions, with 

6 the goal of helping educators overcome barriers 

7 to accessing reliable, quality, and accurate re8 sources that will improve awareness and under9 standing of those subjects; and 

10 (B) may carry out one or more of the fol11 lowing Native American education program ac12 tivities: 

13 (i) Development, dissemination, and 

14 implementation of principles of sound ped15 agogy for teaching about Native American 

16 history. 

17 (ii) Provision of professional develop18 ment for eligible program participants, 

19 such as through— 

20 (I) local, regional, and national 

21 workshops; 

22 (II) teacher trainings in conjunc23 tion with Native American history 

24 education centers and other appro25 priate partners; 


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1 (III) engagement with— 

2 (aa) local educational agen3 cies (as defined in section 8101 

4 of the Elementary and Secondary 

5 Education Act of 1965 (20 

6 U.S.C. 7801)); and 

7 (bb) high schools and 

8 schools that include one of the 

9 middle grades (as so defined) 

10 that are independent of any local 

11 educational agency; and 

12 (IV) operation and expansion of 

13 a teacher fellowship program to cul14 tivate and support leaders in Native 

15 American history education. 

16 (iii) Engagement with State and local 

17 education leaders to encourage the adop18 tion of resources supported under this sec19 tion into curricula across diverse dis20 ciplines. 

21 (iv) Evaluation and research to assess 

22 the effectiveness and impact of Native 

23 American history education programs, 

24 which may include completion of the report 

25 required under subsection (e). 


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1 (4) APPLICATIONS.—The Director, in coordina2 tion with the Secretary, may seek the engagement of 

3 an eligible program participant under paragraph (3) 

4 by requiring submission of an application to the Di5 rector at such time, in such manner, and based on 

6 such competitive criteria as the Director may re7 quire. 

8 (c) ONLINE NATIVE AMERICAN EDUCATION RE9 SOURCES.— 

10 (1) WEBSITE.—The Secretary of the Interior 

11 shall maintain on the website of the Department of 

12 the Interior a special section designated for Native 

13 American history and Tribal governance resources to 

14 improve awareness and understanding of the Federal 

15 trust responsibility and treaty obligations, Tribal 

16 governance systems, Native American history in the 

17 United States, and cultural assimilation practices of 

18 the Indian boarding school experience, as a means to 

19 raise awareness about the importance of preventing 

20 genocide, hate, and bigotry against any group of 

21 people. The website and resources shall be made 

22 publicly available. 

23 (2) INFORMATION DISTRIBUTION.—The Direc24 tor shall distribute information about the activities 

25 funded under this section through the website of the 


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1 Department of the Interior, and shall respond to in2 quiries for supplementary information concerning 

3 such activities. 

4 (3) BEST PRACTICES.—The information distrib5 uted by the Director shall include best practices for 

6 educators. 

7 (d) ENGAGEMENT OF ELIGIBLE PROGRAM PARTICI8 PANTS.— 

9 (1) IN GENERAL.—An eligible program partici10 pant shall be engaged at the discretion of the Direc11 tor to participate in Native American history edu12 cation program activities authorized under this sec13 tion and approved by the Director pursuant to an 

14 application described in subsection (b)(4). 

15 (2) ENGAGEMENT PERIOD.—Engagement of eli16 gible program participants under this section shall 

17 be for a period determined by the Director. 

18 (3) PRIORITY.—In engaging eligible program 

19 participants under subsection (b), the Director shall 

20 give priority to applications from such participants 

21 who work for or with a local educational agency, or 

22 a school that is independent of any local educational 

23 agency, that works with an Indian tribe within the 

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1 cy or school provides educational services, to develop 

2 the appropriate curriculum for the agency or school. 

3 (e) ANNUAL REPORT.—Not later than February 1 of 

4 each year, the Director shall submit to Congress a report 

5 describing the activities carried out under this section. 

6 SEC. 313. ALASKA NATIVE EDUCATION PROGRAMS. 

7 Part C of title VI of the Elementary and Secondary 

8 Education Act of 1965 (20 U.S.C. 7541 et seq.) is amend9 ed by adding at the end the following: 

10 ‘‘SEC. 6307. FUNDING. 

11 ‘‘(a) IN GENERAL.—Subject to subsection (b), there 

12 is authorized to be appropriated to carry out this part, 

13 and there is appropriated, out of any monies in the Treas14 ury not otherwise appropriated, $44,000,000 for fiscal 

15 year 2023 and each fiscal year thereafter. 

16 ‘‘(b) ADJUSTMENT FOR INFLATION.—The amount 

17 made available under subsection (a) for fiscal year 2024 

18 and each fiscal year thereafter shall be adjusted annually 

19 to reflect the change in the Consumer Price Index for All 

20 Urban Consumers published by the Bureau of Labor Sta21 tistics.’’. 

22 SEC. 314. EVERY STUDENT SUCCEEDS ACT IMPLEMENTA23 TION. 

24 (a) STUDENT ASSESSMENT SYSTEMS.—Section 8204 

25 of the Elementary and Secondary Education Act of 1965 


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1 (20 U.S.C. 7824) is amended by adding at the end the 

2 following: 

3 ‘‘(d) FUNDING.—There are authorized to be appro4 priated, and there are appropriated, out of any monies in 

5 the Treasury not otherwise appropriated— 

6 ‘‘(1) $35,000,000 for fiscal year 2023 to de7 velop assessments consistent with section 1111 for 

8 Bureau-funded schools; and 

9 ‘‘(2) $20,000,000 for fiscal year 2024 and each 

10 succeeding fiscal year to carry out the assessments 

11 consistent with section 1111 for Bureau-funded 

12 schools.’’. 

13 (b) INDIAN EDUCATION FORMULA GRANTS.—Sub14 part 1 of part A of title VI of the Elementary and Sec15 ondary Education Act of 1965 (20 U.S.C. 7521 et seq.) 

16 is amended by adding at the end the following: 

17 ‘‘SEC. 6120. FUNDING. 

18 ‘‘(a) IN GENERAL.—Subject to subsection (b), there 

19 is authorized to be appropriated to carry out this subpart, 

20 and there is appropriated, out of any monies in the Treas21 ury not otherwise appropriated, $198,000,000 for fiscal 

22 year 2023 and each fiscal year thereafter. 

23 ‘‘(b) ADJUSTMENT FOR INFLATION.—The amount 

24 made available under subsection (a) for fiscal year 2024 

25 and each fiscal year thereafter shall be adjusted annually 


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1 to reflect the change in the Consumer Price Index for All 

2 Urban Consumers published by the Bureau of Labor Sta3 tistics.’’. 

4 SEC. 315. FUNDING FOR LOCAL TRIBAL EDUCATIONAL 

5 AGENCIES AND TRIBAL EDUCATION OFFICES. 

6 (a) DEFINITION OF TRIBAL EDUCATIONAL AGEN7 CY.—In this section, the term ‘‘Tribal educational agency’’ 

8 means the agency, department, or instrumentality of an 

9 Indian tribe (as defined in section 6132(b) of the Elemen10 tary and Secondary Education Act of 1965 (20 U.S.C. 

11 7452(b))) that is primarily responsible for supporting the 

12 elementary and secondary education of students who are 

13 members of the Indian tribe. 

14 (b) FUNDING.— 

15 (1) IN GENERAL.—Subject to paragraph (2), 

16 there are authorized to be appropriated to make 

17 grants to Tribal educational agencies, and there are 

18 appropriated, out of any monies in the Treasury not 

19 otherwise appropriated, for fiscal year 2023 and 

20 each fiscal year thereafter— 

21 (A) to the Secretary of Education, 

22 $10,000,000; and 

23 (B) to the Secretary of the Interior, 

24 $10,000,000. 


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1 (2) ADJUSTMENT FOR INFLATION.—The 

2 amounts made available under subparagraphs (A) 

3 and (B) of paragraph (1) for fiscal year 2024 and 

4 each fiscal year thereafter shall be adjusted annually 

5 to reflect the change in the Consumer Price Index 

6 for All Urban Consumers published by the Bureau 

7 of Labor Statistics. 

8 SEC. 316. GRADUATE OPPORTUNITIES AT TRIBAL COL9 LEGES AND UNIVERSITIES. 

10 Part A of title III of the Higher Education Act of 

11 1965 (20 U.S.C. 1057 et seq.) is amended by adding at 

12 the end the following: 

13 ‘‘SEC. 320B. STRENGTHENING PROFESSIONAL AND GRAD14 UATE OPPORTUNITIES AT TRIBAL COLLEGES 

15 AND UNIVERSITIES. 

16 ‘‘(a) DEFINITIONS.—In this section: 

17 ‘‘(1) ELIGIBLE INSTITUTION.—Notwithstanding 

18 section 312(b), the term ‘eligible institution’ means 

19 an institution of higher education that— 

20 ‘‘(A) is a Tribal College or University; and 

21 ‘‘(B) offers a professional certificate or 

22 graduate degree program. 

23 ‘‘(2) TRIBAL COLLEGE OR UNIVERSITY.—The 

24 term ‘Tribal College or University’ has the meaning 

25 given the term in section 316(b). 


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1 ‘‘(b) PURPOSES.—The purposes of this section are 

2 to— 

3 ‘‘(1) expand professional and graduate edu4 cational opportunities for, and improve the academic 

5 attainment of, American Indians and Alaska Natives 

6 in high-demand fields and fields in which American 

7 Indians and Alaska Natives are underrepresented; 

8 and 

9 ‘‘(2) strengthen and enhance the quality of pro10 fessional and graduate programs at Tribal Colleges 

11 and Universities. 

12 ‘‘(c) PROGRAM AUTHORIZED.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall award 

14 grants, on a competitive basis, to eligible institutions 

15 to enable the eligible institutions to carry out the au16 thorized activities described in subsection (e). 

17 ‘‘(2) DURATION.—A grant awarded under this 

18 section shall be for a period of not more than 5 

19 years. 

20 ‘‘(d) APPLICATION AND AWARD BASIS.— 

21 ‘‘(1) APPLICATION.—An eligible institution de22 siring a grant under this section shall submit an ap23 plication to the Secretary at such time and in such 

24 manner as the Secretary may require. Such applica25 tion shall demonstrate how the grant funds will be 


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1 used to strengthen graduate and professional oppor2 tunities for American Indian and Alaska Native stu3 dents at Tribal Colleges and Universities. 

4 ‘‘(2) STREAMLINED PROCESS.—The Secretary 

5 shall establish application requirements in such a 

6 manner as to simplify and streamline the process for 

7 applying for grants under this section. 

8 ‘‘(3) PRIORITY.—Notwithstanding section 

9 313(b), in awarding grants under this section, the 

10 Secretary shall give priority to institutions receiving 

11 funding under section 316 for fiscal year 2022. 

12 ‘‘(e) AUTHORIZED ACTIVITIES.—Grants awarded 

13 under this section shall be used for 1 or more of the fol14 lowing activities: 

15 ‘‘(1) Purchase, rental, or lease of scientific or 

16 laboratory equipment for educational purposes, in17 cluding instructional and research purposes. 

18 ‘‘(2) Construction, maintenance, renovation, 

19 and improvement of classrooms, libraries, labora20 tories, and other instructional facilities, including 

21 purchase or rental of telecommunications technology 

22 equipment or services. 

23 ‘‘(3) Purchase of library books, periodicals, 

24 technical and other scientific journals, microfilm, 


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1 microfiche, and other educational materials, includ2 ing telecommunications program materials. 

3 ‘‘(4) Support for American Indian and Alaska 

4 Native students including outreach, academic sup5 port services, mentoring, scholarships, fellowships, 

6 and other financial assistance to permit the enroll7 ment of such students in professional certificate pro8 grams and graduate degree programs. 

9 ‘‘(5) Establishment or improvement of a devel10 opment office to strengthen and increase contribu11 tions from professional and graduate alumni and the 

12 private sector. 

13 ‘‘(6) Assistance in the establishment or mainte14 nance of an institutional endowment to facilitate fi15 nancial independence pursuant to section 331. 

16 ‘‘(7) Professional and graduate program funds 

17 management and administrative management, and 

18 the acquisition of equipment, including software, for 

19 use in strengthening such funds management and 

20 management information systems. 

21 ‘‘(8) Acquisition of real property that is adja22 cent to the campus in connection with the construc23 tion, renovation, or improvement of, or an addition 

24 to, a campus facility essential to a professional cer25 tificate program or graduate degree program. 


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1 ‘‘(9) Education or financial information de2 signed to improve the financial literacy and economic 

3 literacy of professional and graduate students, espe4 cially with regard to student indebtedness and stu5 dent assistance programs under title IV. 

6 ‘‘(10) Tutoring, counseling, and student service 

7 programs designed to improve academic success. 

8 ‘‘(11) Support of faculty exchanges, faculty de9 velopment, faculty research, research publication and 

10 dissemination, curriculum development, academic in11 struction, and student research mentoring. 

12 ‘‘(12) Creation and improvement of a facility 

13 for broadband or other distance education tech14 nology, including purchase or rental of telecommuni15 cations technology equipment or services. 

16 ‘‘(13) Collaboration with other institutions of 

17 higher education to expand graduate degree pro18 grams and professional certificates. 

19 ‘‘(14) Other activities proposed in the applica20 tion submitted pursuant to subsection (d) that— 

21 ‘‘(A) contribute to carrying out the pur22 poses of this section; and 

23 ‘‘(B) are approved by the Secretary in the 

24 review and acceptance of such application. 

25 ‘‘(f) SPECIAL RULES.— 


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1 ‘‘(1) CONCURRENT FUNDING.—An eligible insti2 tution that receives a grant under this section may 

3 concurrently receive funds under section 316. 

4 ‘‘(2) LIMIT ON NUMBER OF GRANTS.—An eligi5 ble institution shall not receive more than 1 grant 

6 under this section in any fiscal year. 

7 ‘‘(3) EXEMPTION.—Section 313(d) shall not 

8 apply to an eligible institution that receives a grant 

9 under this section.’’. 

10 TITLE IV—HOUSING 

11 SEC. 401. FINDINGS. 

12 Congress finds that— 

13 (1) there is a housing crisis in Indian country 

14 that has worsened over the 20-year period preceding 

15 the date of introduction of this Act; 

16 (2) the trust obligations of the Federal Govern17 ment include providing housing opportunities for 

18 Native Americans; 

19 (3) funding for the block grant programs under 

20 titles I and VIII of the Native American Housing 

21 Assistance and Self-Determination Act of 1996 (25 

22 U.S.C. 4111 et seq., 25 U.S.C. 4221 et seq.)— 

23 (A) has not matched inflation; and 


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1 (B) fails to cover the growing construction 

2 costs and demand for housing in Indian coun3 try; 

4 (4) due in part to a lack of affordable housing, 

5 many Native Americans live in overcrowded condi6 tions, resulting in— 

7 (A) the average household size for Native 

8 Americans exceeding that of the overall average 

9 household size in the United States; and 

10 (B) overcrowding rates in Tribal areas ex11 ceeding that of the overall overcrowding rate in 

12 other areas in the United States; 

13 (5) lack of access to water is a substantially 

14 larger problem in Indian country than in the United 

15 States as a whole; and 

16 (6) the historical displacement by the Federal 

17 Government of Native American communities to re18 mote locations and the ongoing failure of the Fed19 eral Government to support the development of ade20 quate infrastructure, including access to water, 

21 roads, and other basic utilities, continues to exacer22 bate housing inequities in Indian country. 

23 SEC. 402. SENSE OF CONGRESS. 

24 It is the sense of Congress that— 


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1 (1) the Federal Government should provide 

2 steady, equitable, noncompetitive, and nondis3 cretionary funding directly to Indian tribes, Tribal 

4 governments, tribal organizations, and Native Ha5 waiian organizations to support the development of 

6 housing; 

7 (2) legislation to address the housing needs in 

8 Native American, Alaska Native, and Native Hawai9 ian communities (known as the ‘‘American Housing 

10 and Economic Mobility Act of 2021’’, S. 1368 and 

11 H.R. 2768, 117th Congress, as introduced in April 

12 2021 and previously supported in a resolution adopt13 ed by the National American Indian Housing Coun14 cil) should be enacted without delay; and 

15 (3) the Secretary of Housing and Urban Devel16 opment should continue to consult with Indian 

17 tribes, confer with tribal organizations, and collabo18 rate with Native Hawaiian organizations to ensure 

19 that Indian tribes, tribal organizations, and Native 

20 Hawaiian organizations are maximizing their capac21 ity and technical expertise to provide for increased 

22 housing and infrastructure in their communities. 


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1 SEC. 403. INDIAN HOUSING BLOCK GRANT PROGRAM. 

2 Section 108 of the Native American Housing Assist3 ance and Self-Determination Act of 1996 (25 U.S.C. 

4 4117) is amended to read as follows: 

5 ‘‘SEC. 108. FUNDING. 

6 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the Secretary such 

8 sums as are necessary to provide grants under this title 

9 for fiscal year 2023 and each fiscal year thereafter. 

10 ‘‘(b) MANDATORY FUNDING.— 

11 ‘‘(1) IN GENERAL.—On October 1, 2023, and 

12 on each October 1 thereafter, out of any funds in 

13 the Treasury not otherwise appropriated, the Sec14 retary of the Treasury shall transfer to the Sec15 retary to provide grants under this title 

16 $2,500,000,000, to remain available until expended. 

17 ‘‘(2) INFLATION ADJUSTMENT.—The amount 

18 made available under paragraph (1) for fiscal year 

19 2024 and each fiscal year thereafter shall be ad20 justed annually to reflect the change in the Con21 sumer Price Index for All Urban Consumers pub22 lished by the Bureau of Labor Statistics. 

23 ‘‘(3) RECEIPT AND ACCEPTANCE.—The Sec24 retary shall be entitled to receive, shall accept, and 

25 shall use to provide grants under this title the funds 


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1 transferred under paragraph (1), without further ap2 propriation.’’. 

3 SEC. 404. NATIVE HAWAIIAN HOUSING BLOCK GRANT PRO4 GRAM. 

5 Section 824 of the Native American Housing Assist6 ance and Self-Determination Act of 1996 (25 U.S.C. 

7 4243) is amended— 

8 (1) by striking ‘‘are authorized’’ and inserting 

9 ‘‘is authorized’’; and 

10 (2) by striking ‘‘such sums as may be necessary 

11 for each of fiscal years 2001, 2002, 2003, 2004, and 

12 2005’’ and inserting ‘‘$47,000,000 for fiscal year 

13 2023 and each fiscal year thereafter’’. 

14 SEC. 405. SET-ASIDE OF USDA RURAL HOUSING FUNDING 

15 FOR INDIAN TRIBES. 

16 Section 509 of the Housing Act of 1949 (42 U.S.C. 

17 1479) is amended by adding at the end the following: 

18 ‘‘(g) SET-ASIDE FOR INDIAN TRIBES.— 

19 ‘‘(1) IN GENERAL.—For each fiscal year, the 

20 Secretary shall set aside and reserve for assistance 

21 for Indian tribes (as defined in section 4 of the Na22 tive American Housing Assistance and Self-Deter23 mination Act of 1996 (25 U.S.C. 4103)) an amount 

24 equal to 5.0 percent in each fiscal year of the aggre25 gate amount of lending authority, budget authority, 


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1 or guarantee authority, as appropriate, made avail2 able for the fiscal year for assistance under each of 

3 sections 502, 504, 515, 533, and 538 and of the ag4 gregate amount made available to the Rural Utilities 

5 Service to carry out programs or activities. 

6 ‘‘(2) REALLOCATION.—The procedure under 

7 paragraph (1) for reserving amounts shall provide 

8 that any assistance set aside in any fiscal year for 

9 Indian tribes that has not been expended by a rea10 sonable date established by the Secretary shall be 

11 made available and allocated under the laws and 

12 regulations relating to such assistance, notwith13 standing this subsection.’’. 

14 SEC. 406. RESTORING AUTHORITY OF INDIAN TRIBES AND 

15 TRIBALLY DESIGNATED HOUSING ENTITIES 

16 IN CERTAIN HOUSING PROGRAMS. 

17 (a) VOUCHER PROGRAM.—Section 502 of the Native 

18 American Housing Assistance and Self-Determination Act 

19 of 1996 (25 U.S.C. 4181) is amended by adding at the 

20 end the following: 

21 ‘‘(c) APPLICABILITY.—Subsections (a) and (b) shall 

22 not apply with respect to tenant-based assistance provided 

23 under section 8(o) of the United States Housing Act of 

24 1937 (42 U.S.C. 1437f(o)).’’. 


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1 (b) HUD COUNSELING.—Section 106(a)(4)(A) of the 

2 Housing and Urban Development Act of 1968 (12 U.S.C. 

3 1701x(a)(4)(A)) is amended by striking ‘‘and State hous4 ing finance agencies’’ and inserting ‘‘State housing finance 

5 agencies, and tribally designated housing entities (as de6 fined in section 4 of the Native American Housing Assist7 ance and Self-Determination Act of 1996 (25 U.S.C. 

8 4103)).’’. 

9 SEC. 407. INDIAN COMMUNITY DEVELOPMENT BLOCK 

10 GRANTS. 

11 Title I of the Housing and Community Development 

12 Act of 1974 (42 U.S.C. 5301 et seq.) is amended by add13 ing at the end the following: 

14 ‘‘SEC. 123. INDIAN COMMUNITY DEVELOPMENT BLOCK 

15 GRANTS. 

16 ‘‘(a) IN GENERAL.—In addition to any amounts allo17 cated to Indian tribes under section 106(a)(1), there is 

18 authorized to be appropriated to the Secretary for grants 

19 under this title for Indian tribes, and there is appro20 priated, out of any monies in the Treasury not otherwise 

21 appropriated, $150,000,000 for fiscal year 2023 and each 

22 fiscal year thereafter. 

23 ‘‘(b) INFLATIONARY ADJUSTMENT.—The amount 

24 made available under subsection (a) for fiscal year 2024 

25 and each fiscal year thereafter shall be adjusted annually 


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1 to reflect the change in the Consumer Price Index for All 

2 Urban Consumers published by the Bureau of Labor Sta3 tistics.’’. 

4 SEC. 408. LOAN GUARANTEES FOR INDIAN HOUSING. 

5 (a) HOUSING AND COMMUNITY DEVELOPMENT ACT

6 OF 1992.—Section 184(i)(7) of the Housing and Commu7 nity Development Act of 1992 (12 U.S.C. 1715z– 

8 13a(i)(7)) is amended to read as follows: 

9 ‘‘(7) APPROPRIATIONS.— 

10 ‘‘(A) IN GENERAL.—To carry out this sec11 tion, there is authorized to be appropriated to 

12 the Guarantee Fund, and there is appropriated, 

13 out of any monies in the Treasury not other14 wise appropriated, $20,000,000 for fiscal year 

15 2023 and each fiscal year thereafter. 

16 ‘‘(B) ADJUSTMENT FOR INFLATION.—The 

17 amount made available under subparagraph (A) 

18 for fiscal year 2024 and each fiscal year there19 after shall be adjusted annually to reflect the 

20 change in the Consumer Price Index for All 

21 Urban Consumers published by the Bureau of 

22 Labor Statistics.’’. 

23 (b) NATIVE AMERICAN HOUSING ASSISTANCE AND

24 SELF-DETERMINATION ACT OF 1996.—Title VI of the 


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1 Native American Housing Assistance and Self-Determina2 tion Act of 1996 (25 U.S.C. 4191 et seq.) is amended— 

3 (1) by striking the first section 606 (25 U.S.C. 

4 4191 note) (relating to the effective date); and 

5 (2) by adding at the end the following: 

6 ‘‘SEC. 607. AUTHORIZATION OF APPROPRIATIONS. 

7 ‘‘There are authorized to be appropriated to the Sec8 retary to provide loan guarantees under this title— 

9 ‘‘(1) $10,000,000 for fiscal year 2023; and 

10 ‘‘(2) for fiscal year 2024 and each fiscal year 

11 thereafter, the applicable amount during the pre12 ceding fiscal year, as adjusted to reflect changes for 

13 the 12-month period ending the preceding November 

14 30 in the Consumer Price Index for All Urban Con15 sumers published by the Bureau of Labor Statistics 

16 of the Department of Labor.’’. 

17 SEC. 409. LOAN GUARANTEES FOR NATIVE HAWAIIAN 

18 HOUSING. 

19 Section 184A(j)(7) of the Housing and Community 

20 Development Act of 1992 (12 U.S.C. 1715z–13b(j)(7)) is 

21 amended— 

22 (1) by striking ‘‘such sums as may be necessary 

23 for each of fiscal years 2001, 2002, 2003, 2004, and 

24 2005’’ and inserting ‘‘$2,500,000 for fiscal year 

25 2023 and each fiscal year thereafter’’; 


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1 (2) by striking ‘‘There are’’ and inserting the 

2 following: 

3 ‘‘(A) IN GENERAL.—Subject to subpara4 graph (B), there is’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(B) ADJUSTMENT FOR INFLATION.—The 

7 amount made available under subparagraph (A) 

8 for fiscal year 2024 and each fiscal year there9 after shall be adjusted annually to reflect the 

10 change in the Consumer Price Index for All 

11 Urban Consumers published by the Bureau of 

12 Labor Statistics.’’. 

13 SEC. 410. DIRECT HOUSING LOANS FOR NATIVE AMERICAN 

14 VETERANS PROGRAM. 

15 (a) FUNDING REAUTHORIZATION.—Section 3763 of 

16 title 38, United States Code, is amended— 

17 (1) by redesignating subsection (b) as sub18 section (c); and 

19 (2) by inserting after subsection (a) the fol20 lowing: 

21 ‘‘(b) FUNDING.— 

22 ‘‘(1) IN GENERAL.—For fiscal year 2023 and 

23 each fiscal year thereafter, there is authorized to be 

24 appropriated, and there is appropriated, out of any 

25 monies in the Treasury not otherwise appropriated, 


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1 $20,000,000 to the Secretary, for deposit in the Ac2 count. 

3 ‘‘(2) ADJUSTMENT FOR INFLATION.—The 

4 amount made available under paragraph (1) for fis5 cal year 2024 and each fiscal year thereafter shall 

6 be adjusted annually to reflect the change in the 

7 Consumer Price Index for All Urban Consumers 

8 published by the Bureau of Labor Statistics.’’. 

9 (b) DEFINITION OF NATIVE HAWAIIAN VETERANS.— 

10 Section 3765(3)(B) of title 38, United States Code, is 

11 amended by striking ‘‘native Hawaiian, as that term is 

12 defined in section 201(a)(7) of the Hawaiian Homes Com13 mission Act, 1920 (Public Law 67–34; 42 Stat. 108)’’ and 

14 inserting ‘‘Native Hawaiian, as that term is defined in sec15 tion 6207 of the Native Hawaiian Education Act (20 

16 U.S.C. 7517)’’. 

17 SEC. 411. TRIBAL HUD–VASH PROGRAM. 

18 Section 8(o)(19) of the United States Housing Act 

19 of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding 

20 at the end the following: 

21 ‘‘(E) INDIAN VETERANS HOUSING RENTAL

22 ASSISTANCE PROGRAM.— 

23 ‘‘(i) DEFINITIONS.—In this subpara24 graph: 


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1 ‘‘(I) ELIGIBLE INDIAN VET2 ERAN.—The term ‘eligible Indian vet3 eran’ means an Indian veteran who 

4 is— 

5 ‘‘(aa) homeless or at risk of 

6 homelessness; and 

7 ‘‘(bb) living— 

8 ‘‘(AA) on or near a res9 ervation; or 

10 ‘‘(BB) in or near any 

11 other Indian area. 

12 ‘‘(II) ELIGIBLE RECIPIENT.— 

13 The term ‘eligible recipient’ means a 

14 recipient eligible to receive a grant 

15 under section 101 of the Native 

16 American Housing Assistance and 

17 Self-Determination Act of 1996 (25 

18 U.S.C. 4111). 

19 ‘‘(III) INDIAN; INDIAN AREA.— 

20 The terms ‘Indian’ and ‘Indian area’ 

21 have the meanings given those terms 

22 in section 4 of the Native American 

23 Housing Assistance and Self-Deter24 mination Act of 1996 (25 U.S.C. 

25 4103). 


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1 ‘‘(IV) INDIAN VETERAN.—The 

2 term ‘Indian veteran’ means an In3 dian who is a veteran. 

4 ‘‘(V) PROGRAM.—The term ‘Pro5 gram’ means the Tribal HUD–VASH 

6 program carried out under clause (ii). 

7 ‘‘(VI) TRIBAL ORGANIZATION.— 

8 The term ‘tribal organization’ has the 

9 meaning given the term in section 4 

10 of the Indian Self-Determination and 

11 Education Assistance Act (25 U.S.C. 

12 5304). 

13 ‘‘(ii) PROGRAM SPECIFICATIONS.— 

14 The Secretary shall carry out a rental as15 sistance and supported housing program, 

16 to be known as the ‘Tribal HUD–VASH 

17 program’, in conjunction with the Sec18 retary of Veterans Affairs, by awarding 

19 grants for the benefit of eligible Indian vet20 erans. 

21 ‘‘(iii) MODEL.— 

22 ‘‘(I) IN GENERAL.—Except as 

23 provided in subclause (II), the Sec24 retary shall model the Program on the 

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1 ing program authorized under sub2 paragraph (A) and applicable appro3 priations Acts, including administra4 tion in conjunction with the Secretary 

5 of Veterans Affairs. 

6 ‘‘(II) EXCEPTIONS.— 

7 ‘‘(aa) SECRETARY OF HOUS8 ING AND URBAN DEVELOP9 MENT.—After consultation with 

10 Indian tribes and collaboration 

11 with eligible recipients and any 

12 other appropriate tribal organiza13 tions, the Secretary may make 

14 necessary and appropriate modi15 fications to facilitate the use of 

16 the Program by eligible recipients 

17 to serve eligible Indian veterans. 

18 ‘‘(bb) SECRETARY OF VET19 ERANS AFFAIRS.—After consulta20 tion with Indian tribes and col21 laboration with eligible recipients 

22 and any other appropriate tribal 

23 organizations, the Secretary of 

24 Veterans Affairs may make nec25 essary and appropriate modificaVerDate Sep 11 2014 22:24 Dec 21, 2022 Jkt 039200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\S5186.IS S5186

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1 tions to facilitate the use of the 

2 Program by eligible recipients to 

3 serve eligible Indian veterans. 

4 ‘‘(iv) ELIGIBLE RECIPIENTS.—The 

5 Secretary shall make amounts for rental 

6 assistance and associated administrative 

7 costs under the Program available in the 

8 form of grants to eligible recipients. 

9 ‘‘(v) FUNDING CRITERIA.—The Sec10 retary shall, after engaging in Tribal con11 sultation, award grants under the Program 

12 based on— 

13 ‘‘(I) need; 

14 ‘‘(II) administrative capacity; and 

15 ‘‘(III) any other funding criteria 

16 established by the Secretary in a no17 tice published in the Federal Register 

18 after consulting with the Secretary of 

19 Veterans Affairs. 

20 ‘‘(vi) ADMINISTRATION.—Grants 

21 awarded under the Program shall be ad22 ministered in accordance with the Native 

23 American Housing Assistance and Self-De24 termination Act of 1996 (25 U.S.C. 4101 

25 et seq.), except that recipients shall— 


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1 ‘‘(I) submit to the Secretary, in a 

2 manner prescribed by the Secretary 

3 after Tribal consultation, reports on 

4 the utilization of rental assistance 

5 provided under the Program; and 

6 ‘‘(II) provide to the Secretary in7 formation specified by the Secretary 

8 after Tribal consultation, to assess the 

9 effectiveness of the Program in serv10 ing eligible Indian veterans. 

11 ‘‘(vii) CONSULTATION.— 

12 ‘‘(I) GRANT RECIPIENTS; TRIBAL

13 ORGANIZATIONS.—The Secretary, in 

14 coordination with the Secretary of 

15 Veterans Affairs, shall consult with 

16 Indian tribes that are eligible recipi17 ents and collaborate with any other 

18 appropriate tribal organization on the 

19 design of the Program to ensure the 

20 effective delivery of rental assistance 

21 and supportive services to eligible In22 dian veterans under the Program. 

23 ‘‘(II) INDIAN HEALTH SERV24 ICE.—The Director of the Indian 

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1 sistance requested by the Secretary or 

2 the Secretary of Veterans Affairs in 

3 carrying out the Program. 

4 ‘‘(viii) WAIVER.— 

5 ‘‘(I) IN GENERAL.—Except as 

6 provided in subclause (II), the Sec7 retary may waive or specify alter8 native requirements for any provision 

9 of law (including regulations) that the 

10 Secretary administers in connection 

11 with the use of rental assistance made 

12 available under the Program if the 

13 Secretary finds that the waiver or al14 ternative requirement is necessary for 

15 the effective delivery and administra16 tion of rental assistance under the 

17 Program to eligible Indian veterans. 

18 ‘‘(II) EXCEPTION.—The Sec19 retary may not waive or specify alter20 native requirements under subclause 

21 (I) for any provision of law (including 

22 regulations) relating to labor stand23 ards or the environment. 

24 ‘‘(ix) RENEWAL GRANTS.—The Sec25 retary may, after Tribal consultation— 


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1 ‘‘(I) set aside, from amounts 

2 made available to carry out the Pro3 gram, such amounts as may be nec4 essary to award renewal grants to eli5 gible recipients that received a grant 

6 under the Program in a previous year; 

7 and 

8 ‘‘(II) specify criteria that an eli9 gible recipient must satisfy to receive 

10 a renewal grant under subclause (I), 

11 including providing data on how the 

12 eligible recipient used the amounts of 

13 any grant previously received under 

14 the Program. 

15 ‘‘(x) REPORTING.— 

16 ‘‘(I) IN GENERAL.—Not later 

17 than 1 year after the date of enact18 ment of this subparagraph, and every 

19 5 years thereafter, the Secretary, in 

20 coordination with the Secretary of 

21 Veterans Affairs and the Director of 

22 the Indian Health Service, shall— 

23 ‘‘(aa) conduct a review of 

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1 gram, including any factors that 

2 may have limited its success; and 

3 ‘‘(bb) submit a report de4 scribing the results of the review 

5 under item (aa) to— 

6 ‘‘(AA) the Committee 

7 on Indian Affairs, the Com8 mittee on Banking, Housing, 

9 and Urban Affairs, the 

10 Committee on Veterans’ Af11 fairs, and the Committee on 

12 Appropriations of the Sen13 ate; 

14 ‘‘(BB) the Sub15 committee on Indian, Insu16 lar and Alaska Native Af17 fairs of the Committee on 

18 Natural Resources, the 

19 Committee on Financial 

20 Services, the Committee on 

21 Veterans’ Affairs, and the 

22 Committee on Appropria23 tions of the House of Rep24 resentatives; and 


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1 ‘‘(CC) Indian tribes 

2 that request the report. 

3 ‘‘(II) ANALYSIS OF HOUSING

4 STOCK LIMITATION.—The Secretary 

5 shall include in the initial report sub6 mitted under subclause (I) a descrip7 tion of— 

8 ‘‘(aa) any regulations gov9 erning the use of formula current 

10 assisted stock (as defined in sec11 tion 1000.314 of title 24, Code of 

12 Federal Regulations (or any suc13 cessor regulation)) within the 

14 Program; 

15 ‘‘(bb) the number of recipi16 ents of grants under the Pro17 gram that have reported the reg18 ulations described in item (aa) as 

19 a barrier to implementation of 

20 the Program; and 

21 ‘‘(cc) proposed alternative 

22 legislation or regulations devel23 oped by the Secretary in con24 sultation or collaboration with re25 cipients of grants under the ProVerDate Sep 11 2014 22:24 Dec 21, 2022 Jkt 039200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\S5186.IS S5186

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1 gram to allow the use of formula 

2 current assisted stock within the 

3 Program. 

4 ‘‘(xi) APPROPRIATIONS.— 

5 ‘‘(I) IN GENERAL.—To carry out 

6 the Program, there is authorized to be 

7 appropriated to the Secretary, and 

8 there is appropriated, out of any mon9 ies in the Treasury not otherwise ap10 propriated, $15,000,000 for fiscal 

11 year 2023 and each fiscal year there12 after. 

13 ‘‘(II) ADJUSTMENT FOR INFLA14 TION.—The amount made available 

15 under clause (i) for fiscal year 2024 

16 and each fiscal year thereafter shall 

17 be adjusted annually to reflect the 

18 change in the Consumer Price Index 

19 for All Urban Consumers published by 

20 the Bureau of Labor Statistics.’’. 

21 SEC. 412. HOUSING IMPROVEMENT PROGRAM, BUREAU OF 

22 INDIAN AFFAIRS. 

23 (a) IN GENERAL.—There is authorized to be appro24 priated to the Director of the Bureau of Indian Affairs 

25 to carry out the Housing Improvement Program of the 


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1 Bureau of Indian Affairs authorized under the Act of No2 vember 2, 1921 (25 U.S.C. 13) (commonly known as the 

3 ‘‘Snyder Act’’), and there is appropriated, out of any mon4 ies in the Treasury not otherwise appropriated, 

5 $400,000,000 for fiscal year 2023 and each fiscal year 

6 thereafter. 

7 (b) ADJUSTMENT FOR INFLATION.—The amount 

8 made available under subsection (a) for fiscal year 2024 

9 and each fiscal year thereafter shall be adjusted annually 

10 to reflect the change in the Consumer Price Index for All 

11 Urban Consumers published by the Bureau of Labor Sta12 tistics. 

13 (c) TRIBAL CONSULTATION.—The Bureau of Indian 

14 Affairs shall engage in Tribal consultation to ensure that 

15 the Housing Improvement Program’s funding formula 

16 does not disadvantage Indian tribes of certain sizes or 

17 from certain Bureau of Indian Affairs regions. 

18 SEC. 413. TRIBAL UNINHABITABLE HOUSING IMPROVE19 MENT PROGRAM. 

20 Title V of the Housing Act of 1949 (42 U.S.C. 1471 

21 et seq.) is amended by adding at the end the following: 

22 ‘‘SEC. 545. TRIBAL UNINHABITABLE HOUSING IMPROVE23 MENT PROGRAM. 

24 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en2 tity’ means an Indian tribe or tribal organization lo3 cated in a rural area that has high levels of over4 crowded housing and homelessness. 

5 ‘‘(2) TRIBAL ORGANIZATION.—The term ‘tribal 

6 organization’ has the meaning given the term in sec7 tion 4 of the Indian Self-Determination and Edu8 cational Assistance Act (25 U.S.C. 5304). 

9 ‘‘(b) PURPOSE.—The purpose of this section is to im10 prove living conditions and prevent homelessness in rural 

11 Tribal communities by— 

12 ‘‘(1) assessing the condition of existing housing 

13 resources; and 

14 ‘‘(2) preventing those resources from— 

15 ‘‘(A) deteriorating; and 

16 ‘‘(B) becoming uninhabitable. 

17 ‘‘(c) GRANTS.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall award 

19 grants to eligible entities— 

20 ‘‘(A) to repair overcrowded homes to pre21 vent the homes from becoming uninhabitable; 

22 ‘‘(B) to remediate homes that are generally 

23 uninhabitable or fail to meet the housing qual24 ity standards established under section 


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1 8(o)(8)(B) of the United States Housing Act of 

2 1937 (42 U.S.C. 1437f(o)(8)(B)); or 

3 ‘‘(C) to repair homes damaged due to cli4 mate change and extreme weather. 

5 ‘‘(2) PRIORITY.—In awarding grants under this 

6 subsection, the Secretary may give priority to an eli7 gible entity that is located in a community with lev8 els of overcrowded housing and homelessness that 

9 the Secretary determines are among the highest for 

10 communities in which eligible entities are located. 

11 ‘‘(3) USE OF MULTIPLE GRANTS FOR SAME

12 PROJECT.—Multiple eligible entities that each re13 ceive a grant under this subsection may use the 

14 grants for the same project. 

15 ‘‘(d) ADMINISTRATIVE COSTS.—The Secretary may 

16 use not more than 3 percent of the amounts made avail17 able to carry out this section— 

18 ‘‘(1) to administer the competition for grants 

19 under this section; 

20 ‘‘(2) to provide oversight of grantees; and 

21 ‘‘(3) to collect data on the use of grants award22 ed under this section. 

23 ‘‘(e) FUNDING.— 

24 ‘‘(1) IN GENERAL.—There is authorized to be 

25 appropriated to the Secretary to provide grants 


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1 under this section, and there is appropriated, out of 

2 any monies in the Treasury not otherwise appro3 priated, $10,000,000 for fiscal year 2023 and each 

4 fiscal year thereafter. 

5 ‘‘(2) ADJUSTMENT FOR INFLATION.—The 

6 amount made available under paragraph (1) for fis7 cal year 2024 and each fiscal year thereafter shall 

8 be adjusted annually to reflect the change in the 

9 Consumer Price Index for All Urban Consumers 

10 published by the Bureau of Labor Statistics. 

11 ‘‘(f) RELATIONSHIP TO OTHER ASSISTANCE.—The 

12 receipt by an eligible entity of a grant under this section 

13 shall not affect the eligibility of the eligible entity for any 

14 other assistance provided by the Secretary.’’. 

15 SEC. 414. COORDINATED ENVIRONMENTAL REVIEW PROC16 ESS WORKGROUP. 

17 (a) ESTABLISHMENT.—There is established a 

18 workgroup, to be known as the ‘‘Coordinated Environ19 mental Review Process Workgroup’’ (referred to in this 

20 section as the ‘‘Workgroup’’), consisting of the head (or 

21 a designee) of each of— 

22 (1) the Department of Agriculture; 

23 (2) the Department of Commerce; 

24 (3) the Department of Energy; 


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1 (4) the Department of Health and Human 

2 Services; 

3 (5) the Department of Housing and Urban De4 velopment; 

5 (6) the Department of the Interior; 

6 (7) the Department of Transportation; 

7 (8) the Council on Environmental Quality; and 

8 (9) the Environmental Protection Agency. 

9 (b) CHAIRPERSON.—The Secretary of Housing and 

10 Urban Development (or a designee) shall— 

11 (1) serve as chairperson of the Workgroup; and 

12 (2) be responsible for convening meetings and 

13 coordinating the activities of the Workgroup. 

14 (c) DUTIES.—The Workgroup shall— 

15 (1) assess whether each member agency of the 

16 Workgroup has adopted the recommendations made 

17 in the report entitled ‘‘Coordinated Environmental 

18 Review Process Final Report’’ and dated December 

19 15, 2015, prepared by the Department of Housing 

20 and Urban Development, in collaboration with the 

21 Coordinated Environmental Review Process 

22 Workgroup established pursuant to Senate Report 

23 113–182 (2014), accompanying S. 2438, 113th Con24 gress; 


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1 (2) to the extent that any recommendation de2 scribed in paragraph (1) has not been implemented, 

3 establish a plan for implementation of the rec4 ommendation; and 

5 (3) prepare and submit to Congress the reports 

6 required under subsection (d). 

7 (d) REPORTS.— 

8 (1) INITIAL.—Not later than 18 months after 

9 the date of enactment of this Act, the Secretary of 

10 Housing and Urban Development, in collaboration 

11 with the Workgroup, shall submit to the Committee 

12 on Indian Affairs of the Senate and the Committee 

13 on Natural Resources of the House of Representa14 tives a report describing— 

15 (A) the results of the assessment under 

16 subsection (c)(1); 

17 (B) any plan established under subsection 

18 (c)(2); and 

19 (C) its plan to engage in Tribal consulta20 tion regarding implementation. 

21 (2) UPDATES.—Not later than 1 year after the 

22 date of submission of the report under paragraph 

23 (1), and not less frequently annually thereafter, the 

24 Secretary of Housing and Urban Development, in 

25 collaboration with the Workgroup, shall submit to 


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1 the Committees described in that paragraph an up2 dated report in accordance with that paragraph. 

3 TITLE V—ECONOMIC 

4 DEVELOPMENT 

5 SEC. 501. FINDINGS. 

6 Congress finds that— 

7 (1) the Federal Government has failed to honor 

8 its trust responsibility to promote Tribal self-deter9 mination through the support of economic develop10 ment on Tribal lands; 

11 (2) the Federal Government has failed to assist 

12 Indian tribes with the individualized economic devel13 opment necessary for Indian tribes— 

14 (A) to exercise self-determination; and 

15 (B) to make knowledgeable decisions as to 

16 how to best develop and manage the resources 

17 on Tribal lands for the benefit of the Indian 

18 tribe; 

19 (3) Native Americans experience— 

20 (A) a poverty rate that is approximately 

21 twice the national average; and 

22 (B) higher rates of unemployment than 

23 any other group of people in the United States; 

24 (4) due to the remote location of many Indian 

25 tribes, individuals may have long commutes, which 


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1 are further exacerbated by inadequate roads and in2 frastructure due to chronic underfunding and lack of 

3 transportation; 

4 (5) Indian tribes have had limited access to, or, 

5 in many cases, no direct access to, electricity, water, 

6 broadband, and adequate infrastructure; 

7 (6)(A) only 65 percent of American Indians and 

8 Alaska Natives living on Tribal lands have access to 

9 fixed broadband services; 

10 (B) only 69 percent of American Indian, Alaska 

11 Native, and Native Hawaiian households residing on 

12 rural Tribal lands have telephone services; and 

13 (C) the lack of access described in subpara14 graphs (A) and (B) is in stark contrast with the na15 tional average of 98 percent of households that have 

16 access to telephone services, and 92 percent of indi17 viduals living outside of Tribal lands that have ac18 cess to fixed broadband services; 

19 (7) approximately 1,500,000 people living on 

20 Tribal lands lack access to broadband; 

21 (8) 75 percent of rural Indian Health Service 

22 facilities still lack reliable broadband networks for 

23 American Indians and Alaska Natives to access tele24 health or clinical health care services, which is a 

25 critical need in the most geographically isolated 


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1 areas of the United States, furthering economic in2 equities on Tribal lands; 

3 (9) according to the Bureau of Indian Edu4 cation, up to 95 percent of Native American stu5 dents at some Bureau of Indian Education schools 

6 cannot access internet services at home; 

7 (10) lack of internet access negatively affects 

8 the ability to conduct business online, which took on 

9 increased importance since the beginning of the 

10 Coronavirus Disease 2019 (COVID–19) pandemic; 

11 and 

12 (11) very few Indian tribes have established 

13 telecommunications companies to provide residential 

14 phone and internet services. 

15 SEC. 502. SENSE OF CONGRESS. 

16 It is the sense of Congress that— 

17 (1) Congress should determine and provide the 

18 funding needed to meet the essential utilities and 

19 core infrastructure needs on Tribal lands, such as 

20 electricity, water, telecommunications, and roads; 

21 (2) Congress should— 

22 (A) provide direct, mandatory funding to 

23 Indian tribes and the Department of Hawaiian 

24 Home Lands; and 


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1 (B) allow Indian tribes and the Depart2 ment of Hawaiian Home Lands to leverage 

3 Federal funding; 

4 (3) in cases in which Federal infrastructure 

5 projects occur on or affect Tribal lands or Tribal or 

6 Native Hawaiian communities, the Federal Govern7 ment should engage in, as applicable— 

8 (A) consistent, transparent, and deferential 

9 consultation with Indian tribes; and 

10 (B) consistent, transparent, and deferen11 tial collaboration with the Department of Ha12 waiian Home Lands and Native Hawaiian orga13 nizations; 

14 (4) the Federal Government should include 

15 Tribal sovereignty principles for Indian tribes to 

16 manage and self-govern natural resources, including 

17 electromagnetic spectrum over Tribal lands, in ac18 cordance with the Federal trust responsibility and 

19 acknowledgment of their sovereignty, to promote 

20 economic development and self-management of those 

21 modern natural resources; 

22 (5) the Federal Government should clarify the 

23 inherent ownership by Indian tribes and Native Ha24 waiian organizations of spectrum licenses and spec25 trum over Tribal lands and Hawaiians, and preserve 


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1 that ownership, in furtherance of the Federal trust 

2 responsibility over, and Indian and Native Hawaiian 

3 self-governance of their own modern natural re4 sources; 

5 (6) the Federal Government should— 

6 (A) diminish the effect of the Tribal pri7 ority filing windows, auctions for spectrum li8 censes over Tribal lands, and assignment and 

9 leasing of spectrum over Tribal lands carried 

10 out by the Federal Communications Commis11 sion; 

12 (B) ensure the competitive bidding author13 ity of the Federal Communications Commission 

14 does not apply to licenses or construction per15 mits issued by the Commission over Tribal 

16 lands and Hawaiian home lands; and 

17 (C) permanently eliminate the public avail18 ability of spectrum over Tribal lands and Ha19 waiian home lands; and 

20 (7) legislation to address the lack of spectrum 

21 access by Indian tribes over Tribal lands and to de22 ploy wireless broadband services, in furtherance of 

23 Tribal sovereignty (known as the ‘‘DIGITAL Res24 ervations Act’’ or the ‘‘Deploying the Internet by 

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1 ing on Reservations Act’’, S. 4331 and H.R. 7774, 

2 116th Congress, as introduced on July 27, 2020, 

3 and July 24, 2020, respectively), should be enacted 

4 without delay. 

5 Subtitle A—Economic Develop6 ment, Infrastructure, and In7 vestments 

8 SEC. 511. TRIBAL TRANSPORTATION PROGRAM. 

9 (a) IN GENERAL.—There are authorized to be appro10 priated to carry out the tribal transportation program 

11 under section 202 of title 23, United States Code, and 

12 there are appropriated, out of any monies in the Treasury 

13 not otherwise appropriated— 

14 (1) for each of fiscal years 2023 through 2025, 

15 $1,000,000,000; and 

16 (2) for fiscal year 2026 and each fiscal year 

17 thereafter, $800,000,000. 

18 (b) ADJUSTMENT FOR INFLATION.—The amounts 

19 made available under subsection (a) for fiscal year 2027 

20 and each fiscal year thereafter shall be adjusted annually 

21 to reflect the change in the Consumer Price Index for All 

22 Urban Consumers published by the Bureau of Labor Sta23 tistics. 

24 (c) OBLIGATION LIMITATION.—The limitation on ob25 ligations for Federal-aid highway and highway safety conVerDate Sep 11 2014 22:24 Dec 21, 2022 Jkt 039200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\S5186.IS S5186

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1 struction programs for each fiscal year shall not apply to 

2 the amounts made available under subsection (a). 

3 (d) TREATMENT.—Amounts made available under 

4 subsection (a) shall be available for obligation in accord5 ance with section 201 of title 23, United States Code. 

6 SEC. 512. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 

7 Section 1123(h) of MAP–21 (23 U.S.C. 202 note; 

8 Public Law 112–141) is amended by striking paragraph 

9 (2) and inserting the following: 

10 ‘‘(2) APPROPRIATION.—There is authorized to 

11 be appropriated, and there is appropriated, out of 

12 any monies in the Treasury not otherwise appro13 priated, to carry out the program $50,000,000 for 

14 fiscal year 2023 and each fiscal year thereafter.’’. 

15 SEC. 513. BUREAU OF INDIAN AFFAIRS ROAD MAINTE16 NANCE PROGRAM. 

17 (a) IN GENERAL.—There are authorized to be appro18 priated, and there are appropriated, out of any monies in 

19 the Treasury not otherwise appropriated, to the Director 

20 of the Bureau of Indian Affairs to carry out the road 

21 maintenance program of the Bureau— 

22 (1) for each of fiscal years 2023 through 2027, 

23 $100,000,000; and 

24 (2) for fiscal year 2028 and each fiscal year 

25 thereafter, $50,000,000. 


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1 (b) ADJUSTMENT FOR INFLATION.—The amounts 

2 made available under subsection (a) for fiscal year 2029 

3 and each fiscal year thereafter shall be adjusted annually 

4 to reflect the change in the Consumer Price Index for All 

5 Urban Consumers published by the Bureau of Labor Sta6 tistics. 

7 SEC. 514. TRIBAL TRANSIT PROGRAM. 

8 Section 5311 of title 49, United States Code, is 

9 amended— 

10 (1) in subsection (c), by striking paragraph (2) 

11 and inserting the following: 

12 ‘‘(2) PUBLIC TRANSPORTATION ON INDIAN RES13 ERVATIONS.— 

14 ‘‘(A) APPROPRIATION.—For fiscal year 

15 2023 and each fiscal year thereafter, there is 

16 authorized to be appropriated, and there is ap17 propriated, out of any monies in the Treasury 

18 not otherwise appropriated, $75,000,000 for 

19 grants to Indian tribes for any purpose eligible 

20 under this section, under such terms and condi21 tions as may be established by the Secretary. 

22 ‘‘(B) APPORTIONMENT.—Amounts made 

23 available under subparagraph (A) shall be ap24 portioned as formula grants, as provided in 

25 subsection (j). 


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1 ‘‘(C) ADJUSTMENT FOR INFLATION.—The 

2 amount made available under subparagraph (A) 

3 for fiscal year 2024 and each fiscal year there4 after shall be adjusted annually to reflect the 

5 change in the Consumer Price Index for All 

6 Urban Consumers published by the Bureau of 

7 Labor Statistics.’’; and 

8 (2) in subsection (j)(1)(A), in the matter pre9 ceding clause (i), by striking ‘‘described in sub10 section (c)(2)(B)’’ and inserting ‘‘made available 

11 under subsection (c)(2)(A)’’. 

12 SEC. 515. TRIBAL TRANSPORTATION TECHNICAL ASSIST13 ANCE PROGRAM. 

14 (a) IN GENERAL.—For fiscal year 2023 and each fis15 cal year thereafter, there is authorized to be appropriated, 

16 and there is appropriated, out of any monies in the Treas17 ury not otherwise appropriated, $7,500,000 to carry out 

18 the tribal transportation technical assistance program 

19 under section 504(b)(2)(D)(ii) of title 23, United States 

20 Code. 

21 (b) ADJUSTMENT FOR INFLATION.—The amount 

22 made available under subsection (a) for fiscal year 2024 

23 and each fiscal year thereafter shall be adjusted annually 

24 to reflect the change in the Consumer Price Index for All 


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1 Urban Consumers published by the Bureau of Labor Sta2 tistics. 

3 (c) OBLIGATION LIMITATION.—The limitation on ob4 ligations for Federal-aid highway and highway safety con5 struction programs for each fiscal year shall not apply to 

6 the amounts made available under subsection (a). 

7 (d) TREATMENT.—Amounts made available under 

8 subsection (a) shall be available for obligation in the same 

9 manner as if those funds were apportioned under chapter 

10 1 of title 23, United States Code. 

11 (e) TRIBAL CONSULTATION.—In carrying out the 

12 tribal transportation technical assistance program under 

13 section 504(b)(2)(D)(ii) of title 23, United States Code, 

14 the Secretary of Transportation shall engage in Tribal 

15 consultation. 

16 SEC. 516. RURAL DEVELOPMENT TRIBAL TECHNICAL AS17 SISTANCE PROGRAM. 

18 (a) IN GENERAL.—Subject to subsection (b), for each 

19 of fiscal years 2023 through 2032, there is authorized to 

20 be appropriated, and there is appropriated, out of any 

21 monies in the Treasury not otherwise appropriated, 

22 $2,000,000 to the Secretary of Agriculture to provide 

23 technical assistance under section 6302 of the Agriculture 

24 Improvement Act of 2018 (7 U.S.C. 2671). 


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1 (b) ADJUSTMENT FOR INFLATION.—The amount 

2 made available under subsection (a) for each of fiscal 

3 years 2024 through 2032 shall be adjusted annually to 

4 reflect the change in the Consumer Price Index for All 

5 Urban Consumers published by the Bureau of Labor Sta6 tistics. 

7 SEC. 517. NATIVE AMERICAN COMMUNITY DEVELOPMENT 

8 FINANCIAL INSTITUTIONS ASSISTANCE PRO9 GRAM. 

10 (a) NON-FEDERAL SHARE.—Section 108(e) of the 

11 Community Development Banking and Financial Institu12 tions Act of 1994 (12 U.S.C. 4707(e)) is amended— 

13 (1) in paragraph (1)— 

14 (A) in the third sentence, by striking ‘‘The 

15 Fund shall provide no assistance’’ and inserting 

16 the following: 

17 ‘‘(iii) PROHIBITION.—Subject to sub18 paragraph (B), no assistance may be pro19 vided by the Fund’’; 

20 (B) in the second sentence, by striking 

21 ‘‘Such matching funds’’ and inserting the fol22 lowing: 

23 ‘‘(ii) FORM.—The matching funds re24 quired under clause (i)’’; 


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1 (C) by striking the paragraph designation 

2 and heading and all that follows through ‘‘As3 sistance’’ in the first sentence and inserting the 

4 following: 

5 ‘‘(1) MATCHING REQUIREMENT.— 

6 ‘‘(A) REQUIREMENT.— 

7 ‘‘(i) IN GENERAL.—Subject to sub8 paragraph (B) and paragraph (2), assist9 ance’’; and 

10 (D) by adding at the end the following: 

11 ‘‘(B) WAIVER FOR CERTAIN INDIVIDUALS

12 AND ENTITIES.—The requirements of subpara13 graph (A) shall not apply to any individual or 

14 entity using the assistance provided under this 

15 section only for the benefit of Indians, Alaska 

16 Natives, Native Hawaiians, or an Indian 

17 tribe.’’; and 

18 (2) in paragraph (2), in the matter preceding 

19 subparagraph (A), by striking ‘‘paragraph (1)’’ and 

20 inserting ‘‘paragraph (1)(A)’’. 

21 (b) FUNDING.—Section 121 of the Community Devel22 opment Banking and Financial Institutions Act of 1994 

23 (12 U.S.C. 4718) is amended— 

24 (1) by redesignating subsection (c) as sub25 section (d); and 


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1 (2) by inserting after subsection (b) the fol2 lowing: 

3 ‘‘(c) FUNDING FOR INDIANS.— 

4 ‘‘(1) IN GENERAL.—There are authorized to be 

5 appropriated, and there are appropriated, out of any 

6 monies in the Treasury not otherwise appropriated, 

7 to the Fund for the purpose of providing financial 

8 assistance, technical assistance, training, and out9 reach programs to benefit Indian tribes, primarily 

10 through Native Community Development Financial 

11 Institutions with experience and expertise in commu12 nity development banking and lending in Indian 

13 country, and that are committed to working with In14 dian organizations, Indian tribes, tribal organiza15 tions, and other appropriate individuals and enti16 ties— 

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

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

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

20 ‘‘(D) for fiscal year 2026, $75,000,000; 

21 and 

22 ‘‘(E) for fiscal year 2027 and each fiscal 

23 year thereafter, $80,000,000, subject to para24 graph (2). 


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1 ‘‘(2) ADJUSTMENT FOR INFLATION.—The 

2 amounts made available under paragraph (1)(E) for 

3 fiscal year 2028 and each fiscal year thereafter shall 

4 be adjusted annually to reflect the change in the 

5 Consumer Price Index for All Urban Consumers 

6 published by the Bureau of Labor Statistics.’’. 

7 SEC. 518. TRIBAL REVOLVING FUNDS. 

8 (a) FEDERAL WATER POLLUTION CONTROL ACT.— 

9 Section 518 of the Federal Water Pollution Control Act 

10 (33 U.S.C. 1377) is amended— 

11 (1) in subsection (c)(2), by striking ‘‘0.5 per12 cent and not more than 2.0 percent’’ and inserting 

13 ‘‘5 percent’’; and 

14 (2) in subsection (f), in the second sentence, by 

15 striking ‘‘subsection (d) of this section’’ and insert16 ing ‘‘subsection (e)’’. 

17 (b) SAFE DRINKING WATER ACT.—Section 

18 1452(i)(1) of the Safe Drinking Water Act (42 U.S.C. 

19 300j–12(i)(1)) is amended— 

20 (1) in the second sentence, by striking ‘‘Except 

21 as’’ and inserting the following: 

22 ‘‘(B) USE OF GRANTS.—Except as’’; and 

23 (2) by striking the paragraph designation and 

24 heading and all that follows through ‘‘may be used 


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1 by the Administrator’’ in the first sentence and in2 serting the following: 

3 ‘‘(1) GRANTS.— 

4 ‘‘(A) IN GENERAL.—Notwithstanding any 

5 other provision of law, not less than 5 percent 

6 of the amounts made available for each fiscal 

7 year to carry out this section shall be used by 

8 the Administrator’’. 

9 SEC. 519. TRIBAL WATER POLLUTION CONTROL. 

10 Section 106 of the Federal Water Pollution Control 

11 Act (33 U.S.C. 1256) is amended by striking subsections 

12 (b) and (c) and inserting the following: 

13 ‘‘(b) ALLOTMENT.—Of the amounts made available 

14 to carry out this section for each fiscal year, the Adminis15 trator shall— 

16 ‘‘(1) subject to paragraph (2), make allotments 

17 to States and interstate agencies in accordance with 

18 such regulations as the Administrator may promul19 gate, based on the extent of the pollution problem in 

20 each State; and 

21 ‘‘(2) notwithstanding any other provision of 

22 law, allot to Indian tribes not less than 20 percent. 

23 ‘‘(c) AMOUNT.—The Administrator may pay to each 

24 State, Indian tribe, and interstate agency for each fiscal 

25 year an amount equal to the lesser of— 


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1 ‘‘(1) the allotment of the State, Indian tribe, or 

2 interstate agency for the fiscal year under subsection 

3 (b); and 

4 ‘‘(2) the reasonable costs, as determined by the 

5 Administrator, of developing and carrying out a pol6 lution program by the State, Indian tribe, or inter7 state agency during the fiscal year.’’. 

8 SEC. 520. RURAL UTILITIES SERVICE WATER AND WASTE 

9 DISPOSAL PROGRAM. 

10 Section 306C(e) of the Consolidated Farm and Rural 

11 Development Act (7 U.S.C. 1926c(e)) is amended— 

12 (1) in paragraph (1)— 

13 (A) in the matter preceding subparagraph 

14 (A), by striking ‘‘Subject to paragraph (2), 

15 there’’ and inserting ‘‘There’’; 

16 (B) in subparagraph (A), by adding ‘‘and’’ 

17 after the semicolon at the end; 

18 (C) in subparagraph (B), by striking ‘‘; 

19 and’’ at the end and inserting a period; and 

20 (D) by striking subparagraph (C); and 

21 (2) in paragraph (2)— 

22 (A) by striking ‘‘paragraph (1)(C)’’ and in23 serting ‘‘this paragraph’’; and 


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1 (B) by striking the paragraph designation 

2 and heading and all that follows through ‘‘An 

3 entity’’ and inserting the following: 

4 ‘‘(2) INDIANS AND INDIAN TRIBES.— 

5 ‘‘(A) FUNDING.— 

6 ‘‘(i) IN GENERAL.—Subject to sub7 paragraph (B), for fiscal year 2023 and 

8 each fiscal year thereafter, there is author9 ized to be appropriated, and there is ap10 propriated, out of any monies in the Treas11 ury not otherwise appropriated 

12 $100,000,000 to the Secretary to provide 

13 grants and loans under this section to ben14 efit Indians and Indian tribes (as those 

15 terms are defined in section 4 of the In16 dian Self-Determination and Education 

17 Assistance Act (25 U.S.C. 5304)). 

18 ‘‘(ii) ADJUSTMENT FOR INFLATION.— 

19 The amount made available under clause 

20 (i) for fiscal year 2024 and each fiscal year 

21 thereafter shall be adjusted annually to re22 flect the change in the Consumer Price 

23 Index for All Urban Consumers published 

24 by the Bureau of Labor Statistics. 

25 ‘‘(B) EXCEPTION.—An entity’’. 


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1 SEC. 521. FUNDING FOR CLAIMS RESOLUTION ACT OF 2010. 

2 Section 101(e)(1) of the Claims Resolution Act of 

3 2010 (Public Law 111–291; 124 Stat. 3067) is amend4 ed— 

5 (1) in subparagraph (B), by striking ‘‘Settle6 ment’’ and inserting ‘‘Settlement, and during the 

7 10-year period beginning on the date of enactment 

8 of the Honoring Promises to Native Nations Act’’; 

9 and 

10 (2) in subparagraph (C), by adding at the end 

11 the following: 

12 ‘‘(iii) ADDITIONAL APPROPRIATION.— 

13 In addition to amounts deposited in the 

14 Trust Land Consolidation Fund under 

15 clause (i) and subparagraph (D), not later 

16 than 1 year after the date of enactment of 

17 the Honoring Promises to Native Nations 

18 Act, the Secretary of the Treasury shall 

19 deposit in the Trust Land Consolidation 

20 Fund $1,900,000,000.’’. 

21 Subtitle B—Spectrum Sovereignty 

22 and Broadband Deployment on 

23 Tribal Lands 

24 SEC. 531. TRIBAL BROADBAND FUND. 

25 (a) ESTABLISHMENT.—The Commission shall estab26 lish, as a permanent Federal universal service support 


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1 mechanism under section 254 of the Communications Act 

2 of 1934 (47 U.S.C. 254), a mechanism to be known as 

3 the ‘‘Tribal Broadband Fund’’. 

4 (b) ANNUAL AMOUNT OF SUPPORT.— 

5 (1) INITIAL AMOUNT.—The amount of Federal 

6 universal service support provided through the Trib7 al Broadband Fund shall be $1,000,000,000 for fis8 cal year 2023. 

9 (2) PROPORTIONAL ADJUSTMENT.—For fiscal 

10 year 2024 and each fiscal year thereafter, the 

11 amount specified in paragraph (1) shall be adjusted 

12 so that the amount of Federal universal service sup13 port provided through the Tribal Broadband Fund 

14 for such subsequent fiscal year bears the same pro15 portion to the amount of Federal universal service 

16 support provided through all Federal universal serv17 ice support mechanisms other than the Tribal 

18 Broadband Fund for such subsequent fiscal year as 

19 the proportion that $1,000,000,000 bears to the 

20 amount of Federal universal service support pro21 vided through all Federal universal service support 

22 mechanisms other than the Tribal Broadband Fund 

23 for fiscal year 2023. 

24 (c) PROVISION OF SUPPORT.—The Commission shall 

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1 versal service support to Indian tribes, Department of Ha2 waiian Home Lands, and qualifying Tribal entities to pro3 vide— 

4 (1) technical assistance, deployment of 

5 broadband infrastructure, maintenance, planning, 

6 training, and digital literacy programs to increase 

7 broadband services and network buildout on Tribal 

8 lands, in addition to further economic development 

9 initiatives for all spectrum on Tribal lands, including 

10 radio, television, broadcast, commercial, and non11 commercial uses, and current generation or better 

12 broadband services; 

13 (2) infrastructure for middle mile and long-haul 

14 fiber buildout, adoption of digital literacy, and other 

15 related resources to expedite the immediate deploy16 ment of, and full access to, telecommunications, 

17 broadband, spectrum use and future development, 

18 and wireless services (including broadband service); 

19 and 

20 (3) other smart infrastructure development and 

21 integration on Tribal lands, and other related activi22 ties to ensure Tribal lands have full access to high23 speed broadband services, telecommunications serv24 ices, and other sovereignty of communications infra25 structure covering Tribal lands. 


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1 (d) PRIORITIZATION.—In allocating funds from the 

2 Tribal Broadband Fund, the Commission— 

3 (1) shall prioritize locations where telecommuni4 cations or broadband services have left residents un5 derserved; and 

6 (2) may use funds in locations described in 

7 paragraph (1) for last mile fiber, middle mile fiber, 

8 backhaul transit, interconnection, and other costs 

9 and repairs to damaged infrastructure. 

10 (e) TECHNICAL ASSISTANCE.—The Commission shall 

11 provide requested technical assistance, training programs, 

12 and grants to assist Indian tribes, qualifying Tribal enti13 ties, the Department of Hawaiian Home Lands, inter14 Tribal government organizations, and Tribal Colleges and 

15 Universities for the purpose of immediate deployment of 

16 telecommunications or broadband services or infrastruc17 ture development over Tribal lands. 

18 (f) FINAL ORDER.—Not later than 18 months after 

19 the date of enactment of this Act, the Commission shall 

20 release a final order adopting rules and policies associated 

21 with the establishment, implementation, and administra22 tion of the Tribal Broadband Fund. 

23 (g) RULE OF CONSTRUCTION.—Nothing in this sec24 tion shall be construed to limit or prevent an Indian tribe, 

25 the Department of Hawaiian Home Lands, or a qualifying 


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1 Tribal entity from accessing existing or additional funding 

2 through the Commission or any other Federal agency. 

3 SEC. 532. OFFICE OF NATIVE AFFAIRS AND POLICY, FED4 ERAL COMMUNICATIONS COMMISSION. 

5 (a) TECHNICAL ASSISTANCE.— 

6 (1) IN GENERAL.—The Commission, acting 

7 through the Office of Native Affairs and Policy and 

8 at the request of an Indian tribe, the Department of 

9 Hawaiian Home Lands, or a qualifying Tribal enti10 ty, shall provide technical assistance to apply for and 

11 participate in— 

12 (A) the Tribal Broadband Fund; 

13 (B) other Federal universal service support 

14 mechanisms; 

15 (C) other Federal funding opportunities 

16 for broadband or infrastructure development; 

17 and 

18 (D) the Tribal Spectrum Market estab19 lished under section 534. 

20 (2) PRIORITY.—A request for technical assist21 ance made under this subsection from an Indian 

22 tribe, the Department of Hawaiian Home Lands, or 

23 a qualifying Tribal entity shall receive priority where 

24 telecommunications or broadband services on Tribal 

25 lands— 


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1 (A) have not been deployed; or 

2 (B) have been inadequately deployed to 

3 provide broadband services over those Tribal 

4 lands, resulting in unserved and underserved 

5 Tribal residents. 

6 (3) ADDITIONAL ASSISTANCE.—The assistance 

7 under this subsection includes assistance for associ8 ated backhaul, repairs to damaged infrastructure, or 

9 new infrastructure to deploy broadband service. 

10 (b) ADDITIONAL TECHNICAL ASSISTANCE.—In addi11 tion to the technical assistance provided under subsection 

12 (a), the Commission shall provide technical assistance that 

13 includes training programs and grant assistance to Indian 

14 tribes, qualifying Tribal entities, the Department of Ha15 waiian Home Lands, inter-Tribal government organiza16 tions, Tribal Colleges and Universities, and colleges and 

17 universities with Tribal-serving institutions with expertise 

18 on Tribal broadband policy for the purpose of immediate 

19 deployment of telecommunications or broadband services 

20 and infrastructure over Tribal lands. 

21 (c) ENGAGEMENT WITH THE DEPARTMENT OF THE

22 INTERIOR, DEPARTMENT OF COMMERCE, AND COMMIS23 SION.—The Secretary of the Interior, the Secretary of 

24 Commerce, and the Commission shall provide technical as25 sistance to Indian tribes, the Department of Hawaiian 


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1 Home Lands, and qualifying Tribal entities (and, if lo2 cated on Tribal lands, to schools, libraries, health care fa3 cilities, public safety entities, Tribal chapter houses, com4 munity centers, government buildings of an Indian tribe, 

5 and locations where Tribal, State, and Federal elections 

6 and census activities are carried out) to resolve barriers 

7 to the deployment and adoption of broadband service and 

8 other services provided using spectrum, including the fol9 lowing: 

10 (1) Classes or other education related to com11 puter literacy. 

12 (2) Acquisition of computers and related hard13 ware and software. 

14 (3) Use of broadband service and computers for 

15 public safety and emergency communications serv16 ices and interoperability. 

17 (4) Use of spectrum and wireless broadband 

18 service and computers where Tribal, State, and Fed19 eral elections and census activities are carried out. 

20 (5) Use of spectrum and broadband service and 

21 computers to respond to public emergencies, includ22 ing health and biohazard threats and natural disas23 ters. 

24 (6) Such other areas as the Commission, or a 

25 relevant Federal agency that has a role conducting 


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1 activities on Tribal lands, determines to be advisable 

2 to increase the deployment and adoption of 

3 broadband service and other services provided using 

4 spectrum on Tribal lands, or where an Indian tribe, 

5 the Department of Hawaiian Home Lands, or a 

6 qualifying Tribal entity holds a valid and active 

7 spectrum license or right-of-way access. 

8 (d) RULE OF CONSTRUCTION.—Nothing in this sec9 tion may be construed to limit or supersede— 

10 (1) the responsibilities of the Commission or 

11 another Federal agency; or 

12 (2) the engagement with Indian tribes, the De13 partment of Hawaiian Home Lands or Native Ha14 waiian communities, and qualifying Tribal entities 

15 by the Commission or any other Federal agency. 

16 (e) APPROPRIATIONS AMENDMENT.—Section 6 of the 

17 Communications Act of 1934 (47 U.S.C. 156) is amend18 ed— 

19 (1) in the section heading, by inserting ‘‘; AP20 PROPRIATIONS’’ after ‘‘AUTHORIZATION OF AP21 PROPRIATIONS’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(c) OFFICE OF NATIVE AFFAIRS AND POLICY.— 

24 ‘‘(1) IN GENERAL.—For necessary expenses of 

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1 mission, there is authorized to be appropriated to 

2 the Commission, and there is appropriated, out of 

3 any monies in the Treasury not otherwise appro4 priated, $950,000 for each of fiscal years 2023 

5 through 2031. 

6 ‘‘(2) ONAP FEDERAL FUNDING DIRECTOR.— 

7 ‘‘(A) ESTABLISHMENT.—The Commission 

8 shall use 20 percent of the funding appro9 priated pursuant to paragraph (1) to establish 

10 within the Office of Native Affairs and Policy 

11 of the Commission a position of Federal Fund12 ing Director. 

13 ‘‘(B) DUTIES.—The Federal Funding Di14 rector shall have the following duties: 

15 ‘‘(i) Coordinate with Indian tribes, the 

16 Department of Hawaiian Home Lands, 

17 and interested qualifying Tribal entities to 

18 access the funding opportunities of the 

19 Commission or other funding opportunities 

20 that may be available through another 

21 Federal agency, and assist with the appli22 cation processes for the Tribal Broadband 

23 Fund and other universal service contribu24 tions or accounts, auctions proceeds, or 

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1 able to the Commission, for the purpose of 

2 providing a source of support for infra3 structure deployment, ‘middle mile’ and 

4 long-haul fiber buildout, adoption of digital 

5 literacy, and other related resources for the 

6 deployment of and full access to tele7 communications, broadband, spectrum use 

8 and future development, and wireless serv9 ices (including wireless broadband service) 

10 for effective and efficient use on Tribal 

11 lands. 

12 ‘‘(ii) Coordinate with other Federal 

13 agencies that provide telecommunications 

14 and infrastructure funding to Indian 

15 tribes, the Department of Hawaiian Home 

16 Lands, or interested qualifying Tribal enti17 ties to assist with expedited broadband 

18 service and other telecommunications de19 ployment over Tribal lands. 

20 ‘‘(3) ADJUSTMENT FOR INFLATION.—The 

21 amount made available under paragraph (1) for fis22 cal year 2024 and each fiscal year thereafter shall 

23 be adjusted annually to reflect the change in the 

24 Consumer Price Index for All Urban Consumers 

25 published by the Bureau of Labor Statistics. 


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1 ‘‘(4) DEFINITIONS.—In this subsection, the 

2 terms defined in section 539 of the Honoring Prom3 ises to Native Nations Act shall have the meanings 

4 given those terms in that section.’’. 

5 SEC. 533. IMMEDIATE DEPLOYMENT OF BROADBAND SERV6 ICE ON TRIBAL LANDS. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti9 ty’’ means— 

10 (A) an Indian tribe; 

11 (B) a qualifying Tribal entity; and 

12 (C) the Department of Hawaiian Home 

13 Lands. 

14 (2) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Agriculture. 

16 (b) GRANTS.— 

17 (1) COMMUNITY FACILITIES GRANT PRO18 GRAM.— 

19 (A) IN GENERAL.—The Secretary shall use 

20 amounts appropriated under subsection 

21 (c)(1)(A) to provide grants under the commu22 nity facilities grant program under section 

23 306(a)(19) of the Consolidated Farm and Rural 

24 Development Act (7 U.S.C. 1926(a)(19)) to eli25 gible entities for the deployment of broadband 


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1 service on Tribal lands, if the eligible entity 

2 would be eligible for a grant under that section 

3 for the deployment. 

4 (B) ELIGIBLE COSTS.—An eligible entity 

5 that receives a grant under subparagraph (A) 

6 may use the grant amount for costs for the im7 mediate deployment of broadband service on 

8 Tribal lands, including— 

9 (i) backhaul costs; and 

10 (ii) costs of repairs to damaged infra11 structure, if the cost of the repairs would 

12 be less than the cost of new infrastructure. 

13 (C) PRIORITIZATION.—In making grants 

14 under subparagraph (A), the Secretary shall 

15 give priority to the deployment of telecommuni16 cations or broadband services on Tribal lands 

17 on which the services have not been deployed or 

18 have been inadequately deployed, including— 

19 (i) middle mile fiber; 

20 (ii) backhaul transit, interconnection, 

21 and other costs; and 

22 (iii) repairs to damaged infrastruc23 ture, the cost of the repairs to which would 

24 be less than the cost of new infrastructure. 


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1 (D) FEDERAL SHARE.—Notwithstanding 

2 section 306(a)(19)(B) of the Consolidated 

3 Farm and Rural Development Act (7 U.S.C. 

4 1926(a)(19)(B)), the Federal share of the cost 

5 of a project carried out using a grant under 

6 subparagraph (A) shall be 100 percent. 

7 (2) ESSENTIAL COMMUNITY FACILITIES TECH8 NICAL ASSISTANCE AND TRAINING.— 

9 (A) IN GENERAL.—The Secretary shall use 

10 amounts appropriated under subsection 

11 (c)(1)(B) to provide grants to eligible recipients 

12 described in subparagraph (C) under the com13 munity facilities technical assistance and train14 ing grant program under section 306(a)(26) of 

15 the Consolidated Farm and Rural Development 

16 Act (7 U.S.C. 1926(a)(26)) to assist eligible en17 tities in— 

18 (i) preparing applications for grants 

19 under paragraph (1)(A); and 

20 (ii) receiving technical assistance and 

21 training from an entity to which a commu22 nity facilities technical assistance and 

23 training grant has been made under that 

24 section. 


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1 (B) APPLICABILITY.—Subparagraph (A) 

2 shall be carried out without regard to— 

3 (i) subparagraphs (B) and (C) of sec4 tion 306(a)(26) of the Consolidated Farm 

5 and Rural Development Act (7 U.S.C. 

6 1926(a)(26)); and 

7 (ii) any requirements described in 

8 subparagraph (A) of that section relating 

9 to eligibility to receive— 

10 (I) a grant under that section; or 

11 (II) technical assistance and 

12 training from an entity receiving a 

13 grant under that section. 

14 (C) ELIGIBLE RECIPIENTS.—An entity 

15 shall be eligible to receive a grant under sub16 paragraph (A) if the entity is— 

17 (i) eligible for a grant under the com18 munity facilities technical assistance and 

19 training grant program under section 

20 306(a)(26) of the Consolidated Farm and 

21 Rural Development Act (7 U.S.C. 

22 1926(a)(26)), without regard to subpara23 graphs (B) and (C) of that section, to as24 sist an eligible entity in preparing an appli25 cation for a grant under that section; or 


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1 (ii) an inter-Tribal government orga2 nization, a Tribal College or University, or 

3 a university or college with a Tribal-serv4 ing institution with expertise in Tribal 

5 broadband policy. 

6 (c) FUNDING.— 

7 (1) IN GENERAL.—There are authorized to be 

8 appropriated, and there are appropriated, out of 

9 amounts in the Treasury not otherwise appropriated, 

10 to the Secretary for each of fiscal years 2023 

11 through 2031— 

12 (A) $300,000,000 to provide grants under 

13 subsection (b)(1); and 

14 (B) $5,000,000 to provide grants under 

15 subsection (b)(2). 

16 (2) ADJUSTMENT FOR INFLATION.—The 

17 amount made available under each of subparagraphs 

18 (A) and (B) of paragraph (1) for each of fiscal years 

19 2024 through 2031 shall be adjusted annually to re20 flect the change in the Consumer Price Index for All 

21 Urban Consumers published by the Bureau of Labor 

22 Statistics. 

23 (3) AVAILABILITY.—The amounts made avail24 able under paragraph (1) shall remain available until 

25 expended. 


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1 SEC. 534. FCC TRIBAL SPECTRUM MARKET. 

2 (a) ESTABLISHMENT.— 

3 (1) IN GENERAL.—The Commission shall con4 duct a rulemaking proceeding to establish a new 

5 Tribal Spectrum Market. 

6 (2) PURPOSE.—The Tribal Spectrum Market 

7 shall be an optional forum solely for the participa8 tion of Indian tribes, qualifying Tribal entities, and 

9 the Department of Hawaiian Home Lands to engage 

10 with other Indian tribes, other qualifying Tribal en11 tities, and the Department of Hawaiian Home 

12 Lands (as applicable) for leasing and assignment op13 portunities for the purpose of economic and business 

14 development on Tribal lands for participants that 

15 choose to participate. 

16 (3) NO EFFECT ON PARTICIPATION IN OTHER

17 FORUMS OR MARKETS.—Participation in the Tribal 

18 Spectrum Market shall not prevent an Indian tribe, 

19 the Department of Hawaiian Home Lands, or a 

20 qualifying Tribal entity from participating in any 

21 other auction forum or secondary spectrum market. 

22 (b) AVAILABILITY OF SPECTRUM.—In furtherance of 

23 the Federal trust responsibility and Tribal self-govern24 ance, and to develop robust economic resources on Tribal 

25 lands, the Commission shall— 


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1 (1) make all unused and newly allocated spec2 trum over Tribal lands available to other Indian 

3 tribes, the Department of Hawaiian Home Lands, 

4 and qualifying Tribal entities through the Tribal 

5 Spectrum Market; and 

6 (2) notify other Indian tribes, the Department 

7 of Hawaiian Home Lands, and other qualifying 

8 Tribal entities of the availability of unused and 

9 newly allocated spectrum under paragraph (1). 

10 (c) CONSENT REQUIREMENT.—Participants shall 

11 provide written consent to the Commission to make their 

12 unused spectrum over Tribal lands available to other In13 dian tribes, the Department of Hawaiian Home Lands, or 

14 other qualifying Tribal entities, as applicable, through the 

15 Tribal Spectrum Market. 

16 SEC. 535. E-RATE. 

17 Section 254 of the Communications Act of 1934 (47 

18 U.S.C. 254) is amended— 

19 (1) in subsection (h)(4), by inserting ‘‘, except 

20 as provided in subsection (m),’’ before ‘‘is a library 

21 or library consortium’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(m) E-RATE SUPPORT FOR INDIAN TRIBES.— 

24 ‘‘(1) DEFINITIONS.—In this subsection— 


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1 ‘‘(A) the term ‘E-rate program’ means the 

2 universal service program for schools and li3 braries authorized under subsection (h)(1)(B), 

4 the rules of which are set forth under subpart 

5 F of part 54 of title 47, Code of Federal Regu6 lations (or any successor regulation), as author7 ized under subsection (h)(2)(A); 

8 ‘‘(B) the term ‘E-rate support’ means uni9 versal service discounts on eligible services in 

10 accordance with subpart F of part 54 of title 

11 47, Code of Federal Regulations (or any suc12 cessor regulation), as authorized under sub13 section (h)(2)(A); 

14 ‘‘(C) the term ‘Indian tribe’ has the mean15 ing given the term in section 5 of the Honoring 

16 Promises to Native Nations Act; and 

17 ‘‘(D) the term ‘qualifying anchor institu18 tion’ means a facility owned by an Indian tribe, 

19 including a Tribal Government building, chap20 ter house, longhouse, community center, senior 

21 center, or other similar public building. 

22 ‘‘(2) ELIGIBILITY OF TRIBAL LIBRARIES AND

23 QUALIFYING ANCHOR INSTITUTIONS FOR E-RATE

24 SUPPORT.— 


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1 ‘‘(A) DESIGNATION OF TRIBAL LIBRARIES

2 AS LIBRARIES ELIGIBLE FOR E-RATE SUP3 PORT.— 

4 ‘‘(i) IN GENERAL.—An Indian tribe 

5 that is eligible for support under section 

6 261 of the Library Services and Tech7 nology Act (20 U.S.C. 9161) may des8 ignate a Tribal library or Tribal library 

9 consortium as a library or consortium that 

10 is eligible for E-rate support, without re11 gard to whether the library or library con12 sortium is eligible for assistance from a 

13 State Library Administrative Agency under 

14 the Library Services and Technology Act 

15 (20 U.S.C. 9121 et seq.), if the library or 

16 library consortium is eligible for support 

17 from an Indian tribe under such section 

18 261. 

19 ‘‘(ii) RULE OF CONSTRUCTION.— 

20 Nothing in clause (i) shall be construed to 

21 exempt a Tribal library from any require22 ment under the E-rate program not de23 scribed in that clause, including the other 

24 requirements relating to eligible recipients 

25 under section 54.501 of title 47, Code of 


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1 Federal Regulations (or any successor reg2 ulation). 

3 ‘‘(B) TRIBAL ANCHOR INSTITUTION PRO4 GRAM.— 

5 ‘‘(i) IN GENERAL.—The Commission, 

6 in consultation with the Institute of Mu7 seum and Library Services and any other 

8 agency with relevant responsibilities, shall 

9 establish a program to be known as the 

10 ‘Tribal Anchor Institution Program’, under 

11 which the Commission shall provide E-rate 

12 support to Indian tribes for qualifying an13 chor institutions designated by the Indian 

14 tribes. 

15 ‘‘(ii) ELIGIBILITY.— 

16 ‘‘(I) IN GENERAL.—To be eligible 

17 to obtain E-rate support under this 

18 subparagraph, a Tribal Government 

19 may not have a Tribal library eligible 

20 for the E-rate program within the 

21 Tribal community. 

22 ‘‘(II) REQUIREMENTS.—E-rate 

23 support obtained under this subpara24 graph shall only be available for an 

25 Indian tribe if— 


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1 ‘‘(aa) the proposed quali2 fying anchor institution is exclu3 sively owned by the Indian tribe; 

4 and 

5 ‘‘(bb) the proposed quali6 fying anchor institution intends 

7 to deliver publicly available inter8 net access to students, teachers, 

9 librarians, and members of the 

10 community for educational pur11 poses. 

12 ‘‘(III) RULE OF CONSTRUC13 TION.—Nothing in this clause shall be 

14 construed to provide the Commission 

15 with the authority to modify the eligi16 bility requirements described in this 

17 clause. 

18 ‘‘(3) SET-ASIDE FOR INDIAN TRIBES.—Of the 

19 amount made available for the E-rate program in 

20 any fiscal year beginning after the date of enactment 

21 of this subsection, 5 percent shall be used for E-rate 

22 support for Tribal elementary and secondary schools 

23 (as defined in subsection (h)(7)), Tribal libraries 

24 and Tribal library consortia, and qualifying anchor 

25 institutions.’’. 


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1 SEC. 536. RECONNECT PROGRAM. 

2 (a) TRIBAL SET-ASIDE.—Section 779 of division A 

3 of the Consolidated Appropriations Act, 2018 (Public Law 

4 115–141; 132 Stat. 399), is amended by inserting ‘‘: Pro5 vided further, That 15 percent of such amount shall be 

6 reserved for loans and grants to Indian tribes under the 

7 pilot program, and a requirement to match part or all of 

8 any such loan or grant shall not be imposed on an Indian 

9 tribe’’ before the period at the end. 

10 (b) TRIBAL CONNECTIVITY FUND.— 

11 (1) ESTABLISHMENT.—There is established in 

12 the Treasury of the United States a fund, to be 

13 known as the ‘‘Tribal Connectivity Fund’’. 

14 (2) APPROPRIATION.— 

15 (A) IN GENERAL.—There is authorized to 

16 be appropriated, and there is appropriated, out 

17 of amounts in the Treasury not otherwise ap18 propriated, to the Tribal Connectivity Fund 

19 $100,000,000 for each of fiscal years 2023 

20 through 2031, to remain available until ex21 pended. 

22 (B) ADJUSTMENT FOR INFLATION.—The 

23 amount made available under subparagraph (A) 

24 for each of fiscal years 2024 through 2031 shall 

25 be adjusted annually to reflect the change in 

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1 sumers published by the Bureau of Labor Sta2 tistics. 

3 (3) USE OF FUNDS.— 

4 (A) IN GENERAL.—Amounts in the Tribal 

5 Connectivity Fund shall be available to the Sec6 retary of Agriculture to provide funding for 

7 laptops, Wi-Fi hotspots, and other connectivity 

8 devices for students attending schools funded by 

9 the Bureau of Indian Education, tribally oper10 ated schools, or Tribal colleges. 

11 (B) DEFINITIONS.—In this paragraph: 

12 (i) WI-FI.—The term ‘‘Wi-Fi’’ means 

13 a wireless networking protocol based on In14 stitute of Electrical and Electronics Engi15 neers standard 802.11 (or any successor 

16 standard). 

17 (ii) WI-FI HOTSPOT.—The term ‘‘Wi18 Fi hotspot’’ means a device that is capable 

19 of— 

20 (I) receiving mobile advanced 

21 telecommunications and information 

22 services (based upon Wi-Fi and other 

23 wireless standards); and 

24 (II) sharing the services with an25 other device. 


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1 (c) FUNDING FOR BUREAU OF INDIAN EDUCATION

2 INFORMATION TECHNOLOGY INFRASTRUCTURE.— 

3 (1) APPROPRIATION.— 

4 (A) IN GENERAL.—Subject to subpara5 graph (B), there is authorized to be appro6 priated, out of any monies in the Treasury not 

7 otherwise appropriated, and there is appro8 priated $50,000,000 for each of fiscal years 

9 2023 through 2031, which shall be deposited in 

10 the Bureau of Indian Education, Operation of 

11 Indian Education Programs, Education Man12 agement, Education IT account, to remain 

13 available until expended. 

14 (B) ADJUSTMENT FOR INFLATION.—The 

15 amount made available under subparagraph (A) 

16 for fiscal year 2024 and each fiscal year there17 after shall be adjusted annually to reflect the 

18 change in the Consumer Price Index for All 

19 Urban Consumers published by the Bureau of 

20 Labor Statistics. 

21 (2) USE OF FUNDS.—The amounts made avail22 able under paragraph (1) shall be available to the 

23 Secretary of the Interior to provide funding for in24 formation technology infrastructure of the Bureau of 

25 Indian Education. 


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1 SEC. 537. USDA OFFICE OF TRIBAL RELATIONS. 

2 (a) APPROPRIATION.—Subject to subsection (b), 

3 there is authorized to be appropriated, and there is appro4 priated, out of any monies in the Treasury not otherwise 

5 appropriated, to the Secretary of Agriculture $2,500,000 

6 for each of fiscal years 2023 through 2031— 

7 (1) for the provision to Indian tribes, qualifying 

8 Tribal entities, and the Department of Hawaiian 

9 Home Lands of services, technical assistance, and 

10 expansion of programs for the deployment and build11 out of wireless broadband services on Tribal lands; 

12 and 

13 (2) to ensure that services, technical assistance, 

14 and programs described in paragraph (1) and re15 lated policies are efficient, easy to understand, acces16 sible, and developed in consultation with affected In17 dian tribes and the Department of Hawaiian Home 

18 Lands. 

19 (b) ADJUSTMENT FOR INFLATION.—The amount 

20 made available under subsection (a) for each of fiscal 

21 years 2024 through 2031 shall be adjusted annually to 

22 reflect the change in the Consumer Price Index for All 

23 Urban Consumers published by the Bureau of Labor Sta24 tistics. 

25 SEC. 538. ANNUAL REPORTING REQUIREMENTS. 

26 (a) ANNUAL REPORT.— 


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1 (1) IN GENERAL.—Not later than 18 months 

2 after the date of enactment of this Act, and annually 

3 thereafter, the Commission shall make publicly avail4 able and submit to the entities described in sub5 section (b)— 

6 (A) a report on the deployment of 

7 broadband on Tribal lands; 

8 (B) a household-level mapping of actual 

9 broadband speeds adopted by Tribal residents; 

10 and 

11 (C) an inventory of Tribal spectrum li12 censes. 

13 (2) CONTENTS.— 

14 (A) COLLABORATION WITH TRIBES AND

15 TRIBAL ENTITIES.—The report under para16 graph (1) shall include the following informa17 tion: 

18 (i)(I) The work of the Commission 

19 with Indian tribes, the Department of Ha20 waiian Homelands, qualifying Tribal enti21 ties, and associated tribal organizations on 

22 spectrum-related matters. 

23 (II) The efforts of the Commission to 

24 bolster Tribal outreach through individual 

25 consultation, funding access, expansion of 


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1 access to broadband or other full use of 

2 spectrum over Tribal lands, activities exe3 cuted through the Office of Native Affairs 

4 and Policy, rulemakings that have been ex5 ecuted related to such matters under this 

6 Act. 

7 (III) General updates. 

8 (B) APPLICANTS AND LICENSE HOLD9 ERS.— 

10 (i) IN GENERAL.—The report under 

11 paragraph (1) shall include data collected 

12 by the Commission on whether applicants 

13 for licenses, and holders of licenses, for 

14 spectrum over Tribal lands are— 

15 (I) Indian tribes; 

16 (II) the Department of Hawaiian 

17 Homelands; 

18 (III) qualifying Tribal entities; or 

19 (IV) third-party licensees. 

20 (ii) RECORDING REQUIREMENT.—The 

21 Commission shall require an Indian tribe, 

22 the Department of Hawaiian Home Lands, 

23 or a qualifying Tribal entity to record the 

24 ownership classification of all licenses or 

25 other agreements for the use of spectrum 


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•S 5186 IS

1 over Tribal lands that take effect on or 

2 after the date of enactment of this Act. 

3 (C) NOTIFICATION OF RELEVANT INDIAN

4 TRIBE OR QUALIFYING TRIBAL ENTITY, OR THE

5 DEPARTMENT OF HAWAIIAN HOME LANDS.— 

6 The Commission shall include in the report sub7 mitted under paragraph (1) a verification that 

8 the Commission has provided information about 

9 assigned and unassigned licenses and license 

10 holders to the Indian tribe, the Department of 

11 Hawaiian Home Lands, or the qualifying Tribal 

12 entity where the licenses are geographically lo13 cated, including a detailed description of the li14 censes, the license holders, and the entity to 

15 which the information was provided. 

16 (D) ACCESSIBLE CONTACT INFORMA17 TION.—The Commission shall include in the re18 port submitted under paragraph (1) a 

19 verification that the Commission has made con20 tact information easily accessible for Indian 

21 tribes, the Department of Hawaiian Home 

22 Lands, and qualifying Tribal entities to learn 

23 about participation in any opportunities to ob24 tain licenses for spectrum over Tribal lands or 


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1 secondary market opportunities, including the 

2 respective processes. 

3 (E) UNSERVED LOCATIONS.—The Com4 mission shall include in the report submitted 

5 under paragraph (1) geographic locations on 

6 Tribal lands where wireline broadband or wire7 less telecommunications services have not been 

8 built out or deployed. 

9 (F) FEDERAL FUNDING AVAILABILITY.— 

10 The Commission shall include in the report sub11 mitted under paragraph (1) a description of 

12 available Federal funding across all agencies for 

13 which Indian tribes, the Department of Hawai14 ian Home Lands, and qualifying Tribal entities 

15 are eligible to apply to further support deploy16 ment of broadband and telecommunications 

17 services on Tribal lands. 

18 (b) SUBMISSION OF RECOMMENDATIONS.—The enti19 ties described in this subsection are— 

20 (1) Indian tribes, the Department of Hawaiian 

21 Home Lands, and Native Hawaiian organizations; 

22 (2) the Department of the Interior; 

23 (3) the Committee on Indian Affairs of the Sen24 ate; 


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•S 5186 IS

1 (4) the Committee on Natural Resources of the 

2 House of Representatives; 

3 (5) the Committee on Commerce, Science, and 

4 Transportation of the Senate; 

5 (6) the Committee on Energy and Commerce of 

6 the House of Representatives; 

7 (7) the Native Nations Communications Task 

8 Force of the Commission; 

9 (8) Tribal organizations with telecommuni10 cations expertise; and 

11 (9) requesting qualifying Tribal entities. 

12 SEC. 539. DEFINITIONS. 

13 In this subtitle: 

14 (1) BROADBAND SERVICE.—The term 

15 ‘‘broadband service’’ means internet access service 

16 that is delivered— 

17 (A) with— 

18 (i) except as provided in clause (ii)— 

19 (I) a download speed of not less 

20 than 100 megabits per second; and 

21 (II) an upload speed of not less 

22 than 20 megabits per second; or 

23 (ii) minimum download and upload 

24 speeds established by the Commission after 

25 the date of enactment of this Act, if those 


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1 minimum speeds are higher than the min2 imum speeds required under clause (i); 

3 (B) without any data caps or other service 

4 limitations; 

5 (C) through— 

6 (i) mobile service; 

7 (ii) fixed point-to-point multipoint 

8 service; 

9 (iii) fixed point-to-point service; 

10 (iv) broadcast service; or 

11 (v) wireline service; and 

12 (D) meet the latency requirement set by 

13 the Commission to enable real-time video and 

14 other streaming services. 

15 (2) COMMISSION.—The term ‘‘Commission’’ 

16 means the Federal Communications Commission. 

17 (3) DIGITAL LITERACY.—The term ‘‘digital lit18 eracy’’ means information and communications for 

19 the purpose of developing support for technological 

20 deployment and understanding of issues, including 

21 infrastructure deployment, fiber buildout, network 

22 connectivity, spectrum market opportunities, associ23 ated programs and funding opportunities of the 

24 Commission, and other related resources, to expedite 

25 the immediate deployment of, and full access to, 


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•S 5186 IS

1 telecommunications, broadband, spectrum, and wire2 less services available for effective and efficient use 

3 on Tribal lands. 

4 (4) ENTITY THAT IS MORE THAN 50 PERCENT

5 OWNED AND CONTROLLED BY 1 OR MORE INDIAN

6 TRIBES.— 

7 (A) IN GENERAL.—The term ‘‘entity that 

8 is more than 50 percent owned and controlled 

9 by 1 or more Indian tribes’’ means an entity of 

10 which 1 or more Indian tribes have both de 

11 facto and de jure control. 

12 (B) DE JURE CONTROL.—For purposes of 

13 subparagraph (A), de jure control of an entity 

14 shall be evidenced by ownership of greater than 

15 50 percent of the voting stock of a corporation, 

16 or in the case of a partnership, general partner17 ship interests. 

18 (C) DE FACTO CONTROL.— 

19 (i) IN GENERAL.—For purposes of 

20 subparagraph (A), de facto control of an 

21 entity shall be determined on a case-by22 case basis. 

23 (ii) INDICIA OF CONTROL.—For pur24 poses of clause (i), an Indian tribe or In25 dian tribes shall demonstrate indicia of 


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•S 5186 IS

1 control to establish that the Indian tribe or 

2 Indian tribes retain de facto control of the 

3 entity, including the following: 

4 (I) The Indian tribe or Indian 

5 tribes constitute or appoint more than 

6 50 percent of the board of directors or 

7 management committee of the entity. 

8 (II) The Indian tribe or Indian 

9 tribes have authority to appoint, pro10 mote, demote, and fire senior execu11 tives who control the day-to-day ac12 tivities of the entity. 

13 (III) The Indian tribe or Indian 

14 tribes play an integral role in the 

15 management decisions of the entity. 

16 (IV) The Indian tribe or Indian 

17 tribes have the authority to make de18 cisions or otherwise engage in prac19 tices or activities that determine or 

20 significantly influence— 

21 (aa) the nature or types of 

22 services offered by the entity; 

23 (bb) the terms upon which 

24 such services are offered; or 


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•S 5186 IS

1 (cc) the prices charged for 

2 such services. 

3 (5) QUALIFYING TRIBAL ENTITY.— 

4 (A) IN GENERAL.—The term ‘‘qualifying 

5 Tribal entity’’ means an entity designated by 

6 the Indian tribe with jurisdiction over particular 

7 Tribal lands for which the spectrum access is 

8 sought. 

9 (B) ELIGIBLE ENTITIES.—The following 

10 entities may be designated as a qualifying Trib11 al entity: 

12 (i) An Indian tribe. 

13 (ii) A Tribal consortia that consists 

14 of— 

15 (I) not less than 2 Indian tribes; 

16 or 

17 (II) not less than 1 Indian tribe 

18 and 1 entity that is more than 50 per19 cent owned and controlled by 1 or 

20 more Indian tribes. 

21 (iii) A federally chartered Tribal cor22 poration established under— 

23 (I) section 17 of the Act of June 

24 18, 1934 (commonly known as the 

25 ‘‘Indian Reorganization Act’’) (48 


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244 

•S 5186 IS

1 Stat. 988, chapter 576; 25 U.S.C. 

2 5124); or 

3 (II) section 4 of the Act of June 

4 26, 1936 (commonly known as the 

5 ‘‘Oklahoma Welfare Act’’) (49 Stat. 

6 1967, chapter 831; 25 U.S.C. 5204). 

7 (iv) An entity that is more than 50 

8 percent owned and controlled by 1 or more 

9 Indian tribes. 

10 (6) SPECTRUM OVER TRIBAL LANDS.—The 

11 term ‘‘spectrum over Tribal lands’’ means all spec12 trum on Tribal lands, including wireless, radio, tele13 vision, broadcast, commercial and noncommercial 

14 uses, and current generation or better wireless 

15 broadband services. 

16 (7) TRIBAL BROADBAND FUND.—The term 

17 ‘‘Tribal Broadband Fund’’ means the permanent 

18 Federal universal service support mechanism estab19 lished by the Commission under section 531. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS