Honoring Promises to Native Nations Act
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.
Sec. 2 Purposes
The purposes of this Act are—
to acknowledge the chronic failure of the Federal Government—
to fulfill its trust responsibilities to American Indians, Alaska Natives, and Indian Tribes; and
to respect its special political and legal relationship with Native Hawaiians;
to acknowledge the treaty obligations of the Federal Government to American Indians, Alaska Natives, and Indian Tribes, which have never been fulfilled;
to ensure progress toward the fulfillment of trust and treaty obligations of the Federal Government;
to ensure progress toward adequate funding for programs for American Indians, Alaska Natives, Native Hawaiians, and Indian Tribes;
to reaffirm and uphold Tribal sovereignty and self-governance; and
to acknowledge the broken promises of the Federal Government to Indian Tribes and Native Hawaiians, as embodied by—
the failure to uphold treaty obligations;
the failure to fund programs that should have been fully funded in exchange for the loss of life and indigenous homelands;
the ceded land and stolen natural resources from Tribal lands; and
the acts taken to extinguish Native American culture and the traditions of American Indians, Alaska Natives, and Native Hawaiians.
Sec. 3 Findings
Congress finds that—
in December 2018, the United States Commission on Civil Rights issued a report entitled “Broken Promises: Continuing Federal Funding Shortfall for Native Americans”, which made a number of important findings, which are related to the findings described in paragraphs (2) through (8);
the unique government-to-government relationship between the Federal Government and Indian Tribes, and the trust responsibility and obligations of the Federal Government to American Indians, Alaska Natives, and Indian Tribes, are—
enumerated in the United States Constitution, Acts of Congress, Executive orders, Supreme Court precedent, and Federal policies and regulations; and
as applicable, established in Indian treaties signed by the United States;
Congress has also passed more than 150 laws that promote the welfare of Native Hawaiians and affirm a special political and legal relationship with Native Hawaiians arising out of their status as Indigenous, Native people;
Federal programs designed to support the social and economic well-being of American Indians, Alaska Natives, Native Hawaiians, and Indian Tribes remain chronically underfunded and sometimes inefficiently structured, which—
leaves many basic obligations of the Federal Government in rural and urban areas with large populations of Native Americans unmet; and
contributes to the inequities observed in Native American communities;
woefully inadequate Federal funding for Native American programs often comes with restrictions that hamper access to funds, including indirect allocations of Federal funding to State governments to be provided to Tribal governments and Native American communities at the State’s discretion, which further diminishes the direct government-to-government relationship between the Federal Government and Indian Tribes and other funding mechanisms for Native American communities;
Congress often provides funding for Native American programs in a manner that makes efficient long-term planning and budgeting impossible or exceedingly difficult for Tribal governments, Tribal organizations, urban Indian organizations, and Native American communities;
the Federal Government continues to fail to keep accurate, consistent, and comprehensive records of Federal spending for Native American programs, either for a given fiscal year or for longer time periods, making monitoring of Federal spending to meet the trust responsibility and obligations of the Federal Government difficult; and
the Federal Government continues to insufficiently track Native American populations and use outdated or incomplete data points, contributing to the lack of adequate funding provided for necessary resources;
there is a critical need for more accurate and current data collection for American Indians, Alaska Natives, and Native Hawaiians, including disaggregated data on those populations; and
inaccurate and undercounted data can negatively impact Federal funds and services received by American Indian, Alaska Native, and Native Hawaiian communities.
Sec. 4 Sense of Congress
It is the sense of Congress that—
Indian Tribes are distinct sovereigns that have a government-to-government relationship with the Federal Government;
the Federal Government has trust and treaty obligations to Indian Tribes that are established in treaties signed by the United States and enumerated in the Constitution of the United States, Acts of Congress, Executive orders, Supreme Court precedent, and Federal policies and regulations; and
those treaties, like all treaties made under the authority of the United States, are the supreme law of the land, as recognized in article VI of the Constitution of the United States;
the Federal Government has historically failed to carry out its promises and trust and treaty obligations to American Indians, Alaska Natives, Indian Tribes, and, as applicable, Native Hawaiians; and
those failures—
are ongoing, as the Federal Government continually fails to adequately support the social and economic well-being of American Indians, Alaska Natives, Native Hawaiians, and Indian Tribes; and
have created a civil rights crisis;
the historical failures of the Federal Government described in paragraph (3) include—
federally mandated depopulation of Native Americans, including—
numerous massacres carried out by the United States; and
the forced relocation efforts and genocide practices carried out by the United States;
successive oppressive government policies, such as the allotment and assimilation, termination, and relocation eras;
suppression, assimilation, and cultural annihilation practices carried out against the United States Indigenous peoples; and
an ongoing failure to acknowledge that the lands that make up the United States are indigenous lands;
the Federal Government must do far more to live up to its trust and treaty obligations to American Indians and Alaska Natives and Indian Tribes, for just as the United States expects all nations to live up to their own treaty obligations, the United States should live up to its own promises;
the Federal Government can empower American Indians, Alaska Natives, and Native Hawaiians to realize enormous potential by honoring its promises and obligations through the enactment of legislation; and
American Indians, Alaska Natives, and Native Hawaiians have long demonstrated remarkable strength, resilience, and revitalization despite the broken promises of the Federal Government and failure to acknowledge their contributions to the United States.
Sec. 5 Definitions
In this Act:
Hawaiian home lands— The term Hawaiian home lands means land held in trust for Native Hawaiians by the State of Hawaii pursuant to the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, chapter 42).
Indian country— The term Indian country has the meaning given the term in section 1151 of title 18, United States Code.
Indian Tribe— The term Indian Tribe means the governing body of any individually identified and federally recognized Indian or Alaska Native tribe, band, nation, pueblo, village, community, affiliated Tribal group, or component reservation included on the list published pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)).
Native Hawaiian organization—
In general— The term Native Hawaiian organization means any private nonprofit entity—
that serves the best interests of Native Hawaiians;
in which Native Hawaiians serve in substantive and policymaking positions;
that has as a primary and stated purpose the provision of services to Native Hawaiians; and
that has expertise in Native Hawaiian affairs.
Inclusions— The term Native Hawaiian organization includes—
the Native Hawaiian Health Care System; and
the Office of Hawaiian Affairs.
Tribal lands—
In general— The term Tribal lands has the meaning given the term in section 73.7000 of title 47, Code of Federal Regulations (as in effect on the date of enactment of this Act).
Inclusions— The term Tribal lands includes—
Indian country;
fee simple and restricted fee land held by an Indian Tribe; and
Hawaiian home lands.
Tribal organization— The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
Urban Indian organization— The term urban Indian organization has the meaning given the term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).
Sec. 6 Advance appropriations
Advance appropriations—
Definitions— In this subsection:
Applicable Secretary— The term applicable Secretary means—
with respect to actions involving the covered accounts described in subparagraph (B)(i), the Secretary of the Interior; and
with respect to actions involving the covered accounts described in subparagraph (B)(ii), the Secretary of Health and Human Services.
Covered account— The term covered account means the following:
The following accounts of the Department of the Interior:
Operation of Indian Programs.
Operation of Indian Education Programs.
Contract Support Costs.
Payments for Tribal Leases.
Bureau of Indian Affairs Construction.
Bureau of Indian Education Construction.
Indian Guaranteed Loan Program Account.
The Indian Health Service account of the Department of Health and Human Services.
The Native Hawaiian Health Care account of the Primary Health Care account of the Health Resources and Services Administration of the Department of Health and Human Services that provides annual appropriations to the Native Hawaiian Health care program.
Unfunded fiscal year— The term unfunded fiscal year, with respect to a covered account, means a fiscal year for which amounts are not made available under this Act for the covered account.
Advance appropriations— For the first unfunded fiscal year with respect to a covered account, and each fiscal year thereafter, new budget authority provided in an appropriation Act for the covered account shall—
be made available for that fiscal year; and
include, for the covered account, advance new budget authority that first becomes available for the first fiscal year after the fiscal year described in subparagraph (A).
Estimates required— If the fiscal year for which the budget of the President is submitted pursuant to section 1105 of title 31, United States Code, is an unfunded fiscal year with respect to a covered account, the applicable Secretary shall include in documents submitted to Congress in support of the budget detailed estimates of the funds necessary for the covered account for the fiscal year following the fiscal year for which the budget is submitted.
Information on appropriations estimates— Section 1105(a) of title 31, United States Code, is amended by adding at the end the following:
“(40) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for each covered account for which the fiscal year for which the budget is submitted is an unfunded fiscal year (as those terms are defined in section 6(a)(1) of the Honoring Promises to Native Nations Act).”
Sec. 7 Sequestration exemption
In general— Section 255 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905) is amended—
by redesignating subsection (k) as subsection (l); and
by inserting after subsection (j) the following:
“(k) Indian Health Service and other Indian programs and accounts—The following programs and accounts shall be exempt from reduction under any order issued under this part:
“Department of the Interior, Indian Affairs.
“Department of Health and Human Services, Indian Health Service.
“Native Hawaiian Health Care Program.
“Native Hawaiian Education Program.
“Alaska Native Education Program.
“Indian Education Program.
“All programs under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.).
“Any account for which amounts were made available under the Honoring Promises to Native Nations Act.
“Any account designated as significant to Indian Tribes and Native Hawaiian organizations by the Administrator of the Office of Native Nations in the Office of Management and Budget under section 8 of the Honoring Promises to Native Nations Act.”
Technical and conforming amendment— Section 256(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 906(e)) is amended—
in the subsection heading, by striking “, Indian Health Services and Facilities,”; and
in paragraph (2)—
by striking subparagraphs (C) and (D); and
by redesignating subparagraph (E) as subparagraph (C).
Sec. 8 Office of Management and Budget Office of Native Nations
Establishment— There is established in the Office of Management and Budget the Office of Native Nations.
Administrator—
In general— The Office of Native Nations shall be headed by an Administrator, who shall be known as the Administrator of Native Nations (referred to in this section as the Administrator).
Career position— The position of Administrator shall be a career position in the Office of the Director of Management and Budget.
Administrative and support services— The Director of the Office of Management and Budget shall provide the Administrator with such administrative and support services as are necessary to ensure that the Administrator carries out the duties of the Administrator under this section in an efficient and expeditious manner.
Duties— The Director of the Office of Management and Budget shall delegate to the Administrator responsibility for—
coordinating with the rest of the Office of Management and Budget and the rest of the Executive branch on matters of funding for Federal programs and policy affecting American Indians, Alaska Natives, and Native Hawaiians;
compiling authoritative data on all Federal funding for Federal programs affecting American Indians, Alaska Natives, and Native Hawaiians;
ensuring that the budget requests of the Indian Health Service and the Bureau of Indian Affairs indicate—
how much Federal funding is needed for Federal programs affecting American Indians, Alaska Natives, and Native Hawaiians to be fully funded, including how much funding is needed to perform Federal or non-divisible duties; and
how far the Federal Government is from achieving that full funding;
ensuring that personnel from the Office of Native Nations accompany Office of Management and Budget examiners to meetings with Federal agencies during the budget development process;
issuing to Federal agencies budget development guidance that would fully fund Federal programs affecting American Indians, Alaska Natives, and Native Hawaiians; and
carrying out the additional responsibilities described in subsections (d) through (g).
Annual crosscutting document—
In general— Each fiscal year, the Administrator shall prepare a crosscutting document containing detailed information, based on data from all Federal agencies, on the amount of Federal funding that is reaching Indian Tribes, Tribal organizations, Native Hawaiian organizations, and urban Indian organizations, which data shall be provided by the Federal agencies at the most granular level practicable.
Requirements— The document prepared under paragraph (1) shall—
be provided at the most granular level practicable, including with respect to the allocation of Federal funds that are set aside for Indian Tribes, Tribal organizations, Native Hawaiian organizations, and urban Indian organizations;
indicate how funding is obligated, such as by grant or by formula;
indicate any determinative factors that are used to award an Indian Tribe, Tribal organization, or urban Indian organization competitive grant funding in cases in which multiple Indian Tribes, Tribal organizations, and urban Indian organizations are competing for the same pool of funds;
indicate the amount of Federal funds that are allocated to State governments to subsequently provide—
Federal funding to Indian Tribes, Tribal organizations, Native Hawaiian organizations, or urban Indian organizations, including whether the provision of the Federal funding by each State is mandatory or discretionary; and
services for the benefit of Indian Tribes, Tribal organizations, Native Hawaiian organizations, or urban Indian organizations; and
specify—
whether Indian Tribes, Tribal organizations, Native Hawaiian organizations, and urban Indian organizations are competing against States or units of local government for competitive grant funding;
how much pass-through funding is allocated to Indian Tribes;
how much pass-through funding is successfully transferred to Indian Tribes after Federal funds are allocated to Indian Tribes; and
whether the grant funding received by Indian Tribes, Tribal organizations, Native Hawaiian organizations, and urban Indian organizations is allocated from the same pool of funds from which States and units of local government receive grant funding; and
if so, what percentage of the pool of the allocated funds were disbursed to the Indian Tribes, Tribal organizations, Native Hawaiian organizations, and urban Indian organizations.
Annual improvement process— In accordance with the Tribal consultation policy developed pursuant to subsection (f), the Administrator shall consult with Indian Tribes, collaborate with Native Hawaiian organizations, and confer with urban Indian organizations not less frequently than annually to ascertain how the document prepared under paragraph (1) can be modified to make the document more useful to Indian Tribes, Native Hawaiian organizations, and urban Indian organizations.
Public availability— The document prepared under paragraph (1) shall be made publicly available.
Addition to OMB Analytical Perspectives volume of budget— The Administrator shall ensure that the Analytical Perspectives volume prepared by the Office of Management and Budget for the budget of the President each fiscal year includes provisions on the subject of aid to Tribal governments, which shall include the information contained in the annual crosscutting document required under subsection (d) for that fiscal year.
OMB Tribal consultation policy—
In general— The Administrator, in consultation with Indian Tribes and in collaboration with Native Hawaiian organizations, shall develop a Tribal consultation policy applicable to the Office of Management and Budget that governs—
the interactions of the Office of Management and Budget with Indian Tribes and Native Hawaiian organizations; and
the work of the Office of Management and Budget that has an impact on Indian Tribes and Native Hawaiian organizations.
Approval—
In general— The Tribal consultation policy developed under paragraph (1) shall take effect only on the approval of the Director of the Office of Management and Budget.
Deadline— Not later than 30 days after receipt of the Tribal consultation policy developed under paragraph (1), the Director of the Office of Management and Budget shall approve or disapprove the Tribal consultation policy.
Report— Not later than 1 year after the date of enactment of this Act, the Administrator shall publish a report—
detailing what percentage of Federal funding for programs affecting American Indians, Alaska Natives, and Native Hawaiians is provided to States for pass-through funding to Indian Tribes; and
presenting options for Congress and the Executive branch to ensure that funds received by States and local entities for the benefit of American Indians, Alaska Natives, and Native Hawaiians are used for the intended purpose of the funds, including options—
to eliminate or reduce the prevalence of State pass-through funding; and
instead to provide direct funding to Indian Tribes and Native Hawaiian organizations.
Authorization of appropriations— There is authorized to be appropriated to carry out this section $2,000,000 for fiscal year 2025 and each fiscal year thereafter.
Sec. 9 GAO audit of crosscutting information
In general— Not later than 1 year after the date on which the Administrator of Native Nations issues the first crosscutting document under section 8(d), and not less frequently than once every 3 years thereafter, the Comptroller General of the United States, in consultation with Indian Tribes, in collaboration with Native Hawaiian organizations, and in conference with urban Indian organizations, shall conduct, and submit to Congress a report describing the results of, an audit of the extent to which the processes designed and implemented by the Administrator of Native Nations accurately produce the information contained in the crosscutting document.
Inclusions— Each audit conducted under subsection (a) shall review all Federal funding that is reaching, or is intended for the benefit of, Indian Tribes, Tribal organizations, urban Indian organizations, and Native Hawaiian organizations.
Sec. 10 White House Council for Native Nations
In general— The provisions of Executive Order 13647 (78 Fed. Reg. 39539; relating to establishing the White House Council on Native American Affairs) (as in effect on June 26, 2013) are enacted into law.
Publication— In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end an appendix setting forth the text of the Executive order referred to in subsection (a) (as in effect on June 26, 2013).
Membership—
In general— The White House Council on Native American Affairs (as established pursuant to subsection (a)) (referred to in this section as the Council) shall be known as the “White House Council for Native Nations” and shall be composed of the following members:
2 members shall be appointed by the President from among elected Tribal leaders from each of the 12 regions of the Bureau of Indian Affairs.
2 members shall be appointed by the President from among persons who are representatives of Native Hawaiian organizations.
1 member shall be appointed by the President pro tempore of the Senate, on the recommendation of the Majority and Minority Leaders of the Senate, from among Members of the Committee on Indian Affairs of the Senate, which appointment shall be made, as applicable—
for the first appointment, not later than 30 days after the date on which the first new Congress after the date of enactment of this Act convenes; and
for any vacancy, not later than 30 days after the date on which the position becomes vacant.
1 member shall be appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives, from among the Members of the Subcommittee for Indigenous Peoples of the United States of the Committee on Natural Resources of the House of Representatives, which appointment shall be made, as applicable—
for the first appointment, not later than 30 days after the date on which the first new Congress after the date of enactment of this Act convenes; and
for any vacancy, not later than 30 days after the date on which the position becomes vacant.
The members described in clauses (i) through (xxx) of section 3(a) of the Executive order referred to in subsection (a) (as in effect on June 26, 2013).
1 member from each of the following:
The Office of the Deputy Secretary for Native Nations of the Department of the Interior.
The Office of the Assistant Secretary of Indian Affairs of the Department of the Interior.
The Office of Justice Services of the Bureau of Indian Affairs.
The Indian Health Service.
The Office of Tribal Justice of the Department of Justice.
The Office of Justice Programs of the Department of Justice.
The Indian Resources Section of the Environment and Natural Resource Division of the Department of Justice.
The Administration for Native Americans of the Department of Health and Human Services.
The Office of Native Affairs and Policy of the Federal Communications Commission.
The Federal Bureau of Investigation.
The Office on Violence Against Women of the Department of Justice.
The Office of Insular Affairs of the Department of the Interior.
The Department of the Navy.
The Department of the Army.
The Administration for Children and Families of the Department of Health and Human Services.
The Health Resources and Services Administration for the Department of Health and Human Services.
The Office of Public and Indian Housing of the Department of Housing and Urban Development.
The Chair of the United States Commission on Civil Rights.
A Commissioner of the Federal Communications Commission.
The heads of such other Executive departments, agencies, and offices as the Chairperson may from time to time designate.
Chairperson— The Secretary of the Interior shall serve as Chairperson of the Council.
Additional subcommittees— The Council shall establish the following additional subcommittees relating to Native American affairs:
A subcommittee on sacred land.
A subcommittee on children, youth, families, education, and housing.
A subcommittee on health care, mental health care, and suicide prevention.
A subcommittee on energy, economic development, and jobs.
A subcommittee on law enforcement, Tribal justice systems, and jurisdiction.
A subcommittee on environment.
A subcommittee on connectivity, Tribal spectrum management, and affordable broadband.
Such other subcommittees as the Council determines necessary.
Sec. 11 Deputy Secretary for Native Nations in the Department of the Interior
Establishment— There is established in the Department of the Interior (referred to in this section as the Department) the position of Deputy Secretary for Native Nations, who shall—
report immediately to the Secretary of the Interior; and
be equal with the Deputy Secretary of the Interior.
Duties— The Secretary of the Interior shall delegate to the Deputy Secretary for Native Nations responsibility for—
honoring Indian treaty obligations and the trust responsibility of the United States to American Indians and Alaska Natives, supporting self-determination, promoting self-sufficiency, and overseeing all affairs related to American Indians, Alaska Natives, Native Hawaiians, and Indian Tribes under the jurisdiction of the Department;
coordinating with Cabinet-level officials to ensure the effective provision of Federal support for Tribal self-government and programs for American Indians, Alaska Natives, Native Hawaiians, and Indian Tribes and services under the Department; and
implementing Indian treaties, statutes, regulations, Executive and Secretarial orders, programs, policies, and other powers related to American Indians, Alaska Natives, Native Hawaiians, and Indian Tribes.
Authority—
In general— The Deputy Secretary for Native Nations shall oversee the following offices and functions:
Assistant Secretary for Indian Affairs.
Bureau of Indian Affairs, including the Office of Justice Services.
Bureau of Indian Education.
Office of the Special Trustee for American Indians.
Office of Self-Governance.
Additional authority— The Deputy Secretary for Native Nations shall coordinate the Native Nations affairs and activities of the White House Council on Native Nations for the President, Vice President, and Cabinet-level officials, subject to the immediate direction of the Secretary of the Interior.
Authorization of appropriations— There are authorized to be appropriated to the Deputy Secretary for Native Nations to carry out the responsibilities of the Deputy Secretary for Native Nations under this section such sums as are necessary.
Sec. 12 Tribal consultation by Federal agencies
Purposes— The purposes of this section are—
to enumerate a non-exhaustive set of principles to inform a codification of how Federal agencies should engage in meaningful and timely Tribal consultation;
to underscore the importance of Tribal consultation in the fulfilment of the trust and treaty obligations of the Federal Government;
to affirm Tribal consultation and the principle of free, prior, and informed consent as rights of Indian Tribes, predicated on Tribal sovereignty and self-determination; and
to affirm the need for the entire Federal Government to recognize the importance of “regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, to strengthen the United States government-to-government relationships with Indian tribes, and to reduce the imposition of unfunded mandates upon Indian tribes,” as quoted in Executive Order 13175 (25 U.S.C. 5301 note; relating to consultation and coordination with Indian Tribal governments) and elaborated in the Presidential Memoranda of January 26, 2021, and November 30, 2022.
Findings— Congress finds that—
as of January 2021, there existed more than 27 directives, handbooks, plans, policies, orders, and similar documents implementing various Tribal consultation policies, totaling more than 300 pages;
the current lack of centralization in Federal agencies’ Tribal consultation policies results in a large number of policies with which Indian Tribes are expected to be familiar in order to engage in consultation;
the current lack of centralization in Federal agencies’ Tribal consultations—
results in a number of challenges, including scheduling conflicts and unsustainable drains on the resources of Indian Tribes and the time of Tribal leaders; and
reflect a lack of respect for Tribal leaders;
Federal agency consultation policies take dramatically different views on the purpose of Tribal consultation, resulting in significantly different experiences for Indian Tribes attempting to engage in meaningful nation-to-nation dialogue; and
history demonstrates that the Federal Government best serves Native American communities when Tribal governments are empowered to lead their own communities.
Sense of Congress— It is the sense of Congress that—
consultation is a right between sovereigns, and the responsibilities and privileges associated with it cannot be delegated to other actors;
the purpose of Tribal consultation should be for the Federal Government to obtain the free, prior, and informed consent of affected Indian Tribes;
Tribal consultation—
is both a right of Indian Tribes and a process;
should occur when any Federal rulemaking, legislation, policy, guidance, operational activity, grant or funding formula change, or other action may have a substantial direct effect on Indian Tribes;
requires dialogue, which should often take place through formal face-to-face meetings, but may also occur through telephonic, electronic, or printed means;
should be used to empower Tribal governments to lead their own communities;
should be a collaborative process;
should be built on the exchange of information; and
should promote enhanced communication that emphasizes trust, respect, and shared responsibility;
should involve individuals with decision-making authority; and
in its current form is inadequate and requires far more from the Federal Government;
the records resulting from consultations between the Federal Government and Tribal governments should be maintained and published, subject to the condition that sensitive Tribal information should be protected;
for Tribal consultation to be effective, both Indian Tribes and the Federal Government should have the capacity to engage effectively in the consultation process;
any legislation or policy attempting to prescribe the conditions of Tribal consultation should be preceded by the gathering of Tribal input with the goal of reaching a consensus on the proposed legislation; and
Indian Tribes—
should be involved in the Tribal consultation process on their request or as early as practicable;
should have a meaningful remedy for violations of their right to Tribal consultation;
should be entitled to a codified, formal dispute resolution process to provide the Indian Tribes with a potential remedy when their rights as sovereigns are violated by the Federal Government; and
should receive adequate notice, and sufficient information, about any Tribal consultation sessions.
Sec. 13 Interagency working group on data collection
In general— Not later 180 days after the date of enactment of this Act, the Deputy Secretary for Native Nations shall establish a working group, to be known as the “Interagency Working Group on Data Collection for Native Populations” (referred to in this section as the Working Group).
Purposes— The purposes of the Working Group are to develop and improve systems and methodologies for the collection of accurate and disaggregated data for American Indian, Alaska Native, and Native Hawaiian populations.
Chairperson; membership—
In general— The Deputy Secretary for Native Nations shall serve as the Chairperson of the Working Group.
Membership—
In general— After engaging in Tribal consultation, the Deputy Secretary for Native Nations, in collaboration with the Director of the Bureau of the Census, shall appoint the members of the Working Group in accordance with subparagraph (B).
Requirements— In appointing members of the Working Group under subparagraph (A), the Deputy Secretary for Native Nations, in collaboration with the Director of the Bureau of the Census, shall include—
Tribal leaders representing each of the 12 regions of the Bureau of Indian Affairs;
Tribal data experts;
representatives of urban Indian organizations;
representatives of Native Hawaiian organizations; and
other members, as the Deputy Secretary determines to be necessary.
Meetings— The Working Group shall meet at the call of the Chairperson.
Duties— The duties of the Working Group shall be the following:
Provide a public report at least every 2 years, and more often if the Working Group decides it is necessary, which shall be published on a publicly available website established by the Working Group, on the following:
How to improve the quality and accuracy of data relied on by Federal agencies regarding American Indian, Alaska Native, and Native Hawaiian populations, including how to achieve appropriate disaggregation from other populations.
Making recommendations to develop and improve systems and methodologies that Federal agencies can replicate for the collection of accurate data on the populations referred to in subparagraph (A).
How to protect and uphold Tribal data sovereignty in the collection and use of the data described in subparagraph (B).
To receive input from Indian Tribes, Tribal organizations, urban Indian organizations, Native Hawaiian organizations, and Federal agencies, on an ongoing basis, about instances in which the accuracy and quality of the data described in paragraph (1)(B) requires improvement, to research how to achieve those improvements, and to make recommendations based on the findings of that research.
Report— Not later than 1 year after the date of enactment of this Act, the Chairperson of the Working Group shall submit to the Committees on the Budget, Health, Education, Labor, and Pensions, and Indian Affairs of the Senate and the Committee on the Budget, the Subcommittee on Health of the Committee on Energy and Commerce, and the Subcommittee for Indian and Insular Affairs of the Committee on Natural Resources of the House of Representatives an initial report.
Tribal consultation— The Deputy Secretary for Native Nations, in collaboration with the Director of the Bureau of the Census, shall ensure that the Working Group engages in robust Tribal consultation with respect to the work of the Working Group.
Tribal data sovereignty— The Working Group shall conduct all its work respect for Tribal data sovereignty.
Authorization of appropriations— There are authorized to be appropriated such sums as may be necessary to carry out this section.