Amendments Submitted to H.R. 7900 — Congressional Record, Senate, September 29, 2022
Summary
Pages S5746 and S5747 of the Congressional Record, Senate, September 29, 2022 print amendments intended to be proposed to amendment SA 5499 submitted by Reed (for himself and Inhofe) to the bill to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense. The text includes a title on coronavirus state, local, and tribal relief funds, with a section on authority to use coronavirus relief funds for infrastructure projects, and a section on a strategic plan for Federal electric vehicle fleet battery management. Amendment SA 6223 is submitted by Cornyn (for himself and Padilla), SA 6224 by Tillis (for himself and Burr), and SA 6225 by Kelly.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Amendments Submitted to H.R. 7900 — Congressional Record, Senate, September 29, 2022.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-09-29-crec-2022-09-29-pt1-pgs5746-f591ca6979/
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S5746 CONGRESSIONAL RECORD — SENATE September 29, 2022
(3) APPROPRIATE CONGRESSIONAL COMMIT- amendment SA 5499 submitted by Mr. ‘‘(II) to repay a loan provided under such
TEES.—The term ‘‘appropriate congressional REED (for himself and Mr. INHOFE) and program.
committees’’ means— intended to be proposed to the bill H.R. ‘‘(B) PROJECTS DESCRIBED.—A project re-
(A) the Committee on Homeland Security ferred to in subparagraph (A) is any of the
7900, to authorize appropriations for
and Governmental Affairs of the Senate; and following:
(B) the Committee on Oversight and Re- fiscal year 2023 for military activities ‘‘(i) A project eligible under section 117 of
form of the House of Representatives. of the Department of Defense, for mili- title 23, United States Code.
(4) DIRECTOR.—The term ‘‘Director’’ means tary construction, and for defense ac- ‘‘(ii) A project eligible under section 119 of
the Director of the Office of Management tivities of the Department of Energy, title 23, United States Code.
and Budget. to prescribe military personnel ‘‘(iii) A project eligible under section 124 of
SEC. ll03. STRATEGIC GUIDANCE. strengths for such fiscal year, and for title 23, United States Code, as added by the
(a) IN GENERAL.—Not later than 2 years other purposes; which was ordered to Infrastructure Investment and Jobs Act.
after the date of enactment of this Act, the lie on the table; as follows: ‘‘(iv) A project eligible under section 133 of
Administrator, in consultation with the Di- title 23, United States Code.
rector, shall coordinate with the heads of At the appropriate place, insert the fol-
‘‘(v) An activity to carry out section 134 of
agencies to develop a comprehensive, stra- lowing:
title 23, United States Code.
tegic plan for Federal electric vehicle fleet TITLE lllll—CORONAVIRUS STATE, ‘‘(vi) A project eligible under section 148 of
battery management. LOCAL, AND TRIBAL RELIEF FUNDS title 23, United States Code.
(b) CONTENTS.—The strategic plan required SEC. ll01. SHORT TITLE. ‘‘(vii) A project eligible under section 149
under subsection (a) shall— This title may be cited as the ‘‘State, of title 23, United States Code.
(1) maximize both cost and environmental Local, Tribal, and Territorial Fiscal Recov- ‘‘(viii) A project eligible under section
efficiencies; and ery, Infrastructure, and Disaster Relief 151(f) of title 23, United States Code, as added
(2) incorporate— Flexibility Act’’. by the Infrastructure Investment and Jobs
(A) guidelines for optimal charging prac- SEC. ll02. AUTHORITY TO USE CORONAVIRUS Act.
tices that will maximize battery longevity RELIEF FUNDS FOR INFRASTRUC- ‘‘(ix) A project eligible under section 165 of
and prevent premature degradation; TURE PROJECTS. title 23, United States Code.
(B) guidelines for reusing and recycling the (a) IN GENERAL.—Title VI of the Social Se- ‘‘(x) A project eligible under section 167 of
batteries of retired vehicles; and curity Act (42 U.S.C. 801 et seq.) is amend- title 23, United States Code.
(C) any other considerations determined ed— ‘‘(xi) A project eligible under section 173 of
appropriate by the Administrator and Direc- (1) in section 602— title 23, United States Code, as added by the
tor. (A) in subsection (a)(1), by inserting ‘‘(ex- Infrastructure Investment and Jobs Act.
(c) MODIFICATION.—The Administrator, in cept as provided in subsection (c)(5))’’ after ‘‘(xii) A project eligible under section 175
consultation with the Director, may periodi- ‘‘December 31, 2024’’; and of title 23, United States Code, as added by
cally update the strategic plan required (B) in subsection (c)— the Infrastructure Investment and Jobs Act.
under subsection (a) as the Administrator (i) in paragraph (1)— ‘‘(xiii) A project eligible under section 176
and Director may determine necessary based (I) in the matter preceding subparagraph of title 23, United States Code, as added by
on new information relating to electric vehi- (A), by striking ‘‘paragraph (3)’’ and insert- the Infrastructure Investment and Jobs Act.
cle batteries that becomes available. ing ‘‘paragraphs (3), (4), and (5)’’; ‘‘(xiv) A project eligible under section 202
(d) CONSULTATION.—In developing the stra- (II) by amending subparagraph (C) to read of title 23, United States Code.
tegic plan required under subsection (a) the as follows: ‘‘(xv) A project eligible under section 203 of
Administrator, in consultation with the Di- ‘‘(C) for the provision of government serv- title 23, United States Code.
rector, may consult with appropriate enti- ices up to an amount equal to the greater ‘‘(xvi) A project eligible under section 204
ties, including— of— of title 23, United States Code.
(1) the Secretary of Energy; ‘‘(i) the amount of the reduction in revenue ‘‘(xvii) A project eligible under the pro-
(2) the Administrator of the Environ- of such State, territory, or Tribal govern- gram for national infrastructure invest-
mental Protection Agency; ment due to the COVID–19 public health ments (commonly known as the ‘Rebuilding
(3) the Chair of the Council on Environ- emergency relative to revenues collected in American Infrastructure with Sustainability
mental Quality; the most recent full fiscal year of the State, and Equity (RAISE) grant program’).
(4) scientists who are studying electric ve- territory, or Tribal government prior to the ‘‘(xviii) A project eligible for credit assist-
hicle batteries and reuse and recycling solu- emergency; or ance under the TIFIA program under chapter
tions; ‘‘(ii) $10,000,000;’’; 6 of title 23, United States Code.
(5) laboratories, companies, colleges, uni- (III) in subparagraph (D), by striking the ‘‘(xix) A project that furthers the comple-
versities, or start-ups engaged in battery period at the end and inserting ‘‘; or’’; and tion of a designated route of the Appalachian
use, reuse, and recycling research; (IV) by adding at the end the following new Development Highway System under section
(6) industries interested in electric vehicle subparagraph: 14501 of title 40, United States Code.
battery reuse and recycling; ‘‘(E) to provide emergency relief from nat- ‘‘(xx) A project eligible under section 5307
(7) electric vehicle equipment manufactur- ural disasters or the negative economic im- of title 49, United States Code.
ers and recyclers; and pacts of natural disasters, including tem- ‘‘(xxi) A project eligible under section 5309
(8) any other relevant entities, as deter- porary emergency housing, food assistance, of title 49, United States Code.
mined by the Administrator and Director. financial assistance for lost wages, or other ‘‘(xxii) A project eligible under section 5311
(e) REPORT.— immediate needs.’’; and of title 49, United States Code.
(1) IN GENERAL.—Not later than 3 years (ii) by adding at the end the following new ‘‘(xxiii) A project eligible under section
after the date of enactment of this Act, the paragraph: 5337 of title 49, United States Code.
Administrator and the Director shall submit ‘‘(5) AUTHORITY TO USE FUNDS FOR CERTAIN ‘‘(xxiv) A project eligible under section
to the appropriate congressional committees INFRASTRUCTURE PROJECTS.— 5339 of title 49, United States Code.
a report that describes the strategic plan re- ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(xxv) A project eligible under section 6703
quired under subsection (a). (C), notwithstanding any other provision of of title 49, United States Code, as added by
(2) BRIEFING.—Not later than 4 years after law, a State, territory, or Tribal government the Infrastructure Investment and Jobs Act.
the date of enactment of this Act, the Ad- receiving a payment under this section may ‘‘(xxvi) A project eligible under title I of
ministrator and the Director shall brief the use funds provided under such payment for the Housing and Community Development
appropriate congressional committees on the projects described in subparagraph (B), in- Act of 1974 (42 U.S.C. 5301 et seq.).
implementation of the strategic plan re- cluding, to the extent consistent with guid- ‘‘(xxvii) A project eligible under the bridge
quired under subsection (a) across agencies. ance or rules issued by the Secretary or the replacement, rehabilitation, preservation,
SEC. ll04. STUDY OF FEDERAL FLEET VEHI- head of a Federal agency to which the Sec- protection, and construction program under
CLES. retary has delegated authority pursuant to paragraph (1) under the heading ‘HIGHWAY IN-
Not later than 2 years after the date of en- subparagraph (C)(iv)— FRASTRUCTURE PROGRAM’ under the heading
actment of this Act, the Comptroller General ‘‘(i) in the case of a project eligible under ‘FEDERAL HIGHWAY ADMINISTRATION’ under
of the United States shall submit to Con- section 117 of title 23, United States Code, or the heading ‘DEPARTMENT OF TRANS-
gress a report on how the costs and benefits section 5309 or 6701 of title 49, United States PORTATION’ under title VIII of division J of
of operating and maintaining electric vehi- Code, to satisfy a non-Federal share require- the Infrastructure Investment and Jobs Act.
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cles in the Federal fleet compare to the costs ment applicable to such a project; and ‘‘(C) LIMITATIONS; APPLICATION OF REQUIRE-
and benefits of operating and maintaining ‘‘(ii) in the case of a project eligible for MENTS.—
internal combustion engine vehicles. credit assistance under the TIFIA program ‘‘(i) LIMITATION ON AMOUNTS TO BE USED FOR
--- under chapter 6 of title 23, United States INFRASTRUCTURE PROJECTS.—
SA 6223. Mr. CORNYN (for himself Code— ‘‘(I) IN GENERAL.—The total amount that a
and Mr. PADILLA) submitted an amend- ‘‘(I) to satisfy a non-Federal share require- State, territory, or Tribal government may
ment intended to be proposed to ment applicable to such a project; and use from a payment made under this section
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5747
for uses described in subparagraph (A) shall ‘‘(C) for the provision of government serv- ‘‘(II) the requirements of titles 23, 40, and
not exceed the greater of— ices up to an amount equal to the greater 49 of the United States Code, title I of the
‘‘(aa) $10,000,000; and of— Housing and Community Development Act of
‘‘(bb) 30 percent of such payment. ‘‘(i) the amount of the reduction in revenue 1974 (42 U.S.C. 5301 et seq.), and the National
‘‘(II) RULE OF APPLICATION.—The spending of such metropolitan city, nonentitlement Environmental Policy Act of 1969 (42 U.S.C.
limitation under subclause (I) shall not unit of local government, or county due to 4321 et. seq) shall apply to funds provided
apply to any use of funds permitted under the COVID–19 public health emergency rel- under a payment made under this section
paragraph (1), and any such use of funds shall ative to revenues collected in the most re- that are used for projects described in sec-
be disregarded for purposes of applying such cent full fiscal year of the metropolitan city, tion 602(c)(5)(B).
spending limitation. nonentitlement unit of local government, or ‘‘(iv) OVERSIGHT.—The Secretary may dele-
‘‘(ii) LIMITATION ON OPERATING EXPENSES.— county to the emergency; or gate oversight and administration of the re-
Funds provided under a payment made under ‘‘(ii) $10,000,000;’’; quirements described in clause (iii) to the
(III) in subparagraph (D), by striking the appropriate Federal agency.
this section shall not be used for operating
period at the end and inserting ‘‘; or’’; and ‘‘(v) SUPPLEMENT, NOT SUPPLANT.—
expenses of a project described in clauses
(IV) by adding at the end the following new Amounts from a payment made under this
(xx) through (xxiv) of subparagraph (B).
subparagraph: section that are used by a metropolitan city,
‘‘(iii) APPLICATION OF REQUIREMENTS.—Ex- ‘‘(E) to provide emergency relief from nat-
cept as otherwise determined by the Sec- nonentitlement unit of local government, or
ural disasters or the negative economic im- county for uses described in subparagraph
retary or the head of a Federal agency to pacts of natural disasters, including tem-
which the Secretary has delegated authority (A) shall supplement, and not supplant,
porary emergency housing, food assistance, other Federal, State, territorial, Tribal, and
pursuant to clause (iv) or provided in this financial assistance for lost wages, or other
section— local government funds (as applicable) other-
immediate needs.’’; and wise available for such uses.
‘‘(I) the requirements of section 60102 of (ii) by adding at the end the following new ‘‘(C) REPORTS.—The Secretary, in consulta-
the Infrastructure Investment and Jobs Act paragraph: tion with the Secretary of Transportation,
shall apply to funds provided under a pay- ‘‘(6) AUTHORITY TO USE FUNDS FOR CERTAIN shall provide periodic reports on the use of
ment made under this section that are used INFRASTRUCTURE PROJECTS.— funds by metropolitan cities, nonentitlement
pursuant to subparagraph (A) for a project ‘‘(A) IN GENERAL.—Subject to subparagraph units of local government, or counties under
described in clause (xxvi) of subparagraph (B), notwithstanding any other provision of subparagraph (A).
(B) that relates to broadband infrastructure; law, a metropolitan city, nonentitlement ‘‘(D) AVAILABILITY.—Funds provided under
‘‘(II) the requirements of titles 23, 40, and unit of local government, or county receiv- a payment made under this section to a met-
49 of the United States Code, title I of the ing a payment under this section may use ropolitan city, nonentitlement unit of local
Housing and Community Development Act of funds provided under such payment for government, or county shall remain avail-
1974 (42 U.S.C. 5301 et seq.), and the National projects described in subparagraph (B) of sec- able for obligation for a use described in sub-
Environmental Policy Act of 1969 (42 U.S.C. tion 602(c)(5), including, to the extent con- paragraph (A) through December 31, 2024, ex-
4321 et. seq) shall apply to funds provided sistent with guidance or rules issued by the cept that no amount of such funds may be
under a payment made under this section Secretary or the head of a Federal agency to
expended after September 30, 2026.’’.
that are used for projects described in sub- which the Secretary has delegated authority
(b) TECHNICAL AMENDMENTS.—Sections
paragraph (B); and pursuant to subparagraph (B)(iv)—
602(c)(3) and 603(c)(3) of title VI of the Social
‘‘(III) a State government receiving a pay- ‘‘(i) in the case of a project eligible under
section 117 of title 23, United States Code, or Security Act (42 U.S.C. 802(c)(3), 803(c)(3)) are
ment under this section may use funds pro- each amended by striking ‘‘paragraph (17)
vided under such payment for projects de- section 5309 or 6701 of title 49, United States
Code, to satisfy a non-Federal share require- of’’.
scribed in clauses (i) through (xxvii) of sub-
ment applicable to such a project; and (c) GUIDANCE AND EFFECTIVE DATE.—
paragraph (B), as applicable, that—
‘‘(ii) in the case of a project eligible for (1) GUIDANCE OR RULE.—Within 60 days of
‘‘(aa) demonstrate progress in achieving a
credit assistance under the TIFIA program the date of enactment of this Act, the Sec-
state of good repair as required by the
under chapter 6 of title 23, United States retary of the Treasury, in consultation with
State’s asset management plan under section
Code— the Secretary of Transportation, shall issue
119(e) of title 23, United States Code; and guidance or promulgate a rule to carry out
‘‘(bb) support the achievement of 1 or more ‘‘(I) to satisfy a non-Federal share require-
ment applicable to such a project; and the amendments made by this section, in-
performance targets of the State established cluding updating reporting requirements on
under section 150 of title 23, United States ‘‘(II) to repay a loan provided under such
program. the use of funds under this section.
Code. (2) EFFECTIVE DATE.—The amendments
‘‘(B) LIMITATIONS; APPLICATION OF REQUIRE-
‘‘(iv) OVERSIGHT.—The Secretary may dele- made by this section shall take effect upon
MENTS.—
gate oversight and administration of the re- the issuance of guidance or the promulgation
‘‘(i) LIMITATION ON AMOUNTS TO BE USED FOR
quirements described in clause (iii) to the of a rule described in paragraph (1).
INFRASTRUCTURE PROJECTS.—
appropriate Federal agency. (d) DEPARTMENT OF THE TREASURY ADMINIS-
‘‘(I) IN GENERAL.—The total amount that a
‘‘(v) SUPPLEMENT, NOT SUPPLANT.—
TRATIVE EXPENSES.—
metropolitan city, nonentitlement unit of
Amounts from a payment made under this local government, or county may use from a (1) IN GENERAL.—Notwithstanding any
section that are used by a State, territory, payment made under this section for uses de- other provision of law, the unobligated bal-
or Tribal government for uses described in scribed in subparagraph (A) shall not exceed ances from amounts made available to the
subparagraph (A) shall supplement, and not the greater of— Secretary of the Treasury (referred to in this
supplant, other Federal, State, territorial, ‘‘(aa) $10,000,000; and subsection as the ‘‘Secretary’’) for adminis-
Tribal, and local government funds (as appli- ‘‘(bb) 30 percent of such payment. trative expenses pursuant to the provisions
cable) otherwise available for such uses. ‘‘(II) RULE OF APPLICATION.—The spending specified in paragraph (2) shall be available
‘‘(D) REPORTS.—The Secretary, in con- limitation under subclause (I) shall not to the Secretary (in addition to any other
sultation with the Secretary of Transpor- apply to any use of funds permitted under appropriations provided for such purpose) for
tation, shall provide periodic reports on the paragraph (1), and any such use of funds shall any administrative expenses of the Depart-
use of funds by States, territories, and Tribal be disregarded for purposes of applying such ment of the Treasury determined by the Sec-
governments under subparagraph (A). spending limitation. retary to be necessary to respond to the
‘‘(E) AVAILABILITY.—Funds provided under ‘‘(ii) LIMITATION ON OPERATING EXPENSES.— coronavirus emergency, including any ex-
a payment made under this section to a Funds provided under a payment made under penses necessary to implement any provision
State, territory, or Tribal government shall this section shall not be used for operating of—
remain available for obligation for a use de- expenses of a project described in clauses (A) the Coronavirus Aid, Relief, and Eco-
scribed in subparagraph (A) through Decem- (xx) through (xxiv) of section 602(c)(5)(B). nomic Security Act (Public Law 116–136);
ber 31, 2024, except that no amount of such ‘‘(iii) APPLICATION OF REQUIREMENTS.—Ex- (B) division N of the Consolidated Appro-
funds may be expended after September 30, cept as otherwise determined by the Sec- priations Act, 2021 (Public Law 116–260);
2026.’’; and retary or the head of a Federal agency to (C) the American Rescue Plan Act (Public
(2) in subsection 603— which the Secretary has delegated authority Law 117–2); or
(A) in subsection (a), by inserting ‘‘(except pursuant to clause (iv) or provided in this (D) title VI of the Social Security Act (42
as provided in subsection (c)(6))’’ after ‘‘De- section— U.S.C. 801 et seq.).
cember 31, 2024’’; and ‘‘(I) the requirements of section 60102 of (2) PROVISIONS SPECIFIED.—The provisions
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(B) in subsection (c)— the Infrastructure Investment and Jobs Act specified in this paragraph are the following:
(i) in paragraph (1)— shall apply to funds provided under a pay- (A) Sections 4003(f) and 4112(b) of the
(I) in the matter preceding subparagraph ment made under this section that are used Coronavirus Aid, Relief, and Economic Secu-
(A), by striking ‘‘paragraphs (3) and (4)’’ and pursuant to subparagraph (A) for a project rity Act (Public Law 116–136).
inserting ‘‘paragraphs (3), (4), (5), and (6)’’; described in clause (xxvi) of section (B) Section 421(f)(2) of division N of the
(II) by amending subparagraph (C) to read 602(c)(5)(B) that relates to broadband infra- Consolidated Appropriations Act, 2021 (Pub-
as follows: structure; and lic Law 116–260).
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S5748 CONGRESSIONAL RECORD — SENATE September 29, 2022
(C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and fiscal year, and for other purposes; the services for which members of the Tribe
7301(b)(5) of the American Rescue Plan Act of which was ordered to lie on the table; are eligible; and
2021 (Public Law 117–2). as follows: ‘‘(2) after the tribal roll is verified, each
(D) Section 602(a)(2) of the Social Security submit to Congress a written statement of
Act (42 U.S.C. 802(a)(2)). At the end, add the following: those needs.
SEC. ll03. EXTENSION OF AVAILABILITY OF DIVISION E—LUMBEE TRIBE OF NORTH ‘‘(d) TRIBAL ROLL.—
CORONAVIRUS RELIEF FUND PAY- CAROLINA RECOGNITION ACT ‘‘(1) IN GENERAL.—For purpose of the deliv-
MENTS TO TRIBAL GOVERNMENTS. SEC. 5001. SHORT TITLE. ery of Federal services and benefits described
Section 601(d)(3) of the Social Security Act This division may be cited as the ‘‘Lumbee in subsection (a), the tribal roll in effect on
(42 U.S.C. 801(d)(3)) is amended by inserting Tribe of North Carolina Recognition Act of the date of enactment of this section shall,
‘‘(or, in the case of costs incurred by a Tribal 2022’’. subject to verification by the Secretary, de-
government, during the period that begins fine the service population of the Tribe.
SEC. 5002. FEDERAL RECOGNITION.
on March 1, 2020, and ends on December 31, ‘‘(2) VERIFICATION LIMITATION AND DEAD-
The Act of June 7, 1956 (70 Stat. 254, chap-
2023)’’ before the period. LINE.—The verification by the Secretary
ter 375), is amended—
SEC. ll04. RESCISSION OF CORONAVIRUS RE- under paragraph (1) shall—
LIEF AND RECOVERY FUNDS DE- (1) by striking section 2;
(2) in the first sentence of the first section, ‘‘(A) be limited to confirming documentary
CLINED BY STATES, TERRITORIES,
by striking ‘‘That the Indians’’ and inserting proof of compliance with the membership
OR OTHER GOVERNMENTAL ENTI-
TIES. the following: criteria set out in the constitution of the
Title VI of the Social Security Act (42 Tribe adopted on November 16, 2001; and
‘‘SEC. 3. DESIGNATION OF LUMBEE INDIANS.
U.S.C. 801 et seq.) is amended by adding at ‘‘(B) be completed not later than 2 years
‘‘The Indians’’; after the submission of a digitized roll with
the end the following new section: (3) in the preamble—
‘‘SEC. 606. RESCISSION OF FUNDS DECLINED BY
supporting documentary proof by the Tribe
(A) by inserting before the first undesig- to the Secretary.
STATES, TERRITORIES, OR OTHER nated clause the following:
GOVERNMENTAL ENTITIES. ‘‘SEC. 6. AUTHORIZATION TO TAKE LAND INTO
‘‘SECTION 1. FINDINGS. TRUST.
‘‘(a) RESCISSION.—
‘‘(1) IN GENERAL.—Subject to paragraphs (2) ‘‘Congress finds that—’’; ‘‘(a) IN GENERAL.—Notwithstanding any
and (3), if a State, territory, or other govern- (B) by designating the undesignated other provision of law, the Secretary is here-
mental entity provides notice to the Sec- clauses as paragraphs (1) through (4), respec- by authorized to take land into trust for the
retary of the Treasury in the manner pro- tively, and indenting appropriately; benefit of the Tribe.
vided by the Secretary of the Treasury that (C) by striking ‘‘Whereas’’ each place it ap- ‘‘(b) TREATMENT OF CERTAIN LAND.—An ap-
the State, territory, or other governmental pears; plication to take into trust land located
entity intends to decline all or a portion of (D) by striking ‘‘and’’ after the semicolon within Robeson County, North Carolina,
the amounts that are to be awarded to the at the end of each of paragraphs (1) and (2) under this section shall be treated by the
State, territory, or other governmental enti- (as so designated); and Secretary as an ‘on reservation’ trust acqui-
ty from funds appropriated under this title, (E) in paragraph (4) (as so designated), by sition under part 151 of title 25, Code of Fed-
an amount equal to the unaccepted amounts striking ‘‘: Now, therefore,’’ and inserting a eral Regulations (or a successor regulation).
or portion of such amounts allocated by the period; ‘‘SEC. 7. JURISDICTION OF STATE OF NORTH
Secretary of the Treasury as of the date of (4) by moving the enacting clause so as to CAROLINA.
such notice that would have been awarded to appear before section 1 (as so designated); ‘‘(a) IN GENERAL.—With respect to land lo-
the State, territory, or other governmental (5) by striking the last sentence of section cated within the State of North Carolina
entity shall be rescinded from the applicable 3 (as designated by paragraph (2)); that is owned by, or held in trust by the
appropriation account. (6) by inserting before section 3 (as des- United States for the benefit of, the Tribe, or
‘‘(2) EXCLUSION.—Paragraph (1) shall not ignated by paragraph (2)) the following: any dependent Indian community of the
apply with respect to funds that are to be ‘‘SEC. 2. DEFINITIONS. Tribe, the State of North Carolina shall exer-
paid to a State under section 603 for distribu- ‘‘In this Act: cise jurisdiction over—
tion to nonentitlement units of local govern- ‘‘(1) SECRETARY.—The term ‘Secretary’ ‘‘(1) all criminal offenses that are com-
ment. means the Secretary of the Interior. mitted; and
‘‘(3) RULES OF CONSTRUCTION.—Paragraph ‘‘(2) TRIBE.—The term ‘Tribe’ means the ‘‘(2) all civil actions that arise.
(1) shall not be construed as— Lumbee Tribe of North Carolina or the ‘‘(b) TRANSFER OF JURISDICTION.—
‘‘(A) preventing a sub-State governmental Lumbee Indians of North Carolina.’’; and ‘‘(1) IN GENERAL.—Subject to paragraph (2),
entity, including a nonentitlement unit of (7) by adding at the end the following: the Secretary may accept on behalf of the
local government, from notifying the Sec- ‘‘SEC. 4. FEDERAL RECOGNITION. United States, after consulting with the At-
retary of the Treasury that the sub-State ‘‘(a) IN GENERAL.—Federal recognition is torney General of the United States, any
governmental entity intends to decline all or extended to the Tribe (as designated as peti- transfer by the State of North Carolina to
a portion of the amounts that a State may tioner number 65 by the Office of Federal Ac- the United States of any portion of the juris-
distribute to the entity from funds appro- knowledgment). diction of the State of North Carolina de-
priated under this title; or ‘‘(b) APPLICABILITY OF LAWS.—All laws and scribed in subsection (a) over Indian country
‘‘(B) allowing a State to prohibit or other- regulations of the United States of general occupied by the Tribe pursuant to an agree-
wise prevent a sub-State governmental enti- application to Indians and Indian tribes shall ment between the Tribe and the State of
ty from providing such a notice. apply to the Tribe and its members. North Carolina.
‘‘(b) USE FOR DEFICIT REDUCTION.— ‘‘(c) PETITION FOR ACKNOWLEDGMENT.—Not- ‘‘(2) RESTRICTION.—A transfer of jurisdic-
Amounts rescinded under subsection (a) shall withstanding section 3, any group of Indians tion described in paragraph (1) may not take
be deposited in the general fund of the Treas- in Robeson and adjoining counties, North effect until 2 years after the effective date of
ury for the sole purpose of deficit reduction. Carolina, whose members are not enrolled in the agreement described in that paragraph.
‘‘(c) STATE OR OTHER GOVERNMENTAL ENTI- the Tribe (as determined under section 5(d)) ‘‘(c) EFFECT.—Nothing in this section af-
TY DEFINED.—In this section, the term may petition under part 83 of title 25 of the fects the application of section 109 of the In-
‘State, territory, or other governmental en- Code of Federal Regulations for acknowledg- dian Child Welfare Act of 1978 (25 U.S.C.
tity’ means any entity to which a payment ment of tribal existence. 1919).
may be made directly to the entity under ‘‘SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES. ‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
this title other than a Tribal government, as ‘‘(a) IN GENERAL.—The Tribe and its mem- ‘‘There are authorized to be appropriated
defined in sections 601(g), 602(g), and 604(d), bers shall be eligible for all services and ben- such sums as are necessary to carry out this
and an eligible Tribal government, as defined efits provided by the Federal Government to Act.
in section 605(f).’’. federally recognized Indian tribes. ‘‘SEC. 9. SHORT TITLE.
‘‘(b) SERVICE AREA.—For the purpose of the ‘‘This Act may be cited as the ‘Lumbee
SA 6224. Mr. TILLIS (for himself and delivery of Federal services and benefits de- Tribe of North Carolina Recognition Act’.’’.
Mr. BURR) submitted an amendment in- scribed in subsection (a), those members of
tended to be proposed to amendment the Tribe residing in Robeson, Cumberland, SA 6225. Mr. KELLY submitted an
SA 5499 submitted by Mr. REED (for Hoke, and Scotland counties in North Caro- amendment intended to be proposed to
himself and Mr. INHOFE) and intended lina shall be deemed to be residing on or near amendment SA 5499 submitted by Mr.
to be proposed to the bill H.R. 7900, to an Indian reservation. REED (for himself and Mr. INHOFE) and
dlhill on DSK120RN23PROD with SENATE
authorize appropriations for fiscal year ‘‘(c) DETERMINATION OF NEEDS.—On intended to be proposed to the bill H.R.
verification by the Secretary of a tribal roll
2023 for military activities of the De- 7900, to authorize appropriations for
under subsection (d), the Secretary and the
partment of Defense, for military con- Secretary of Health and Human Services fiscal year 2023 for military activities
struction, and for defense activities of shall— of the Department of Defense, for mili-
the Department of Energy, to prescribe ‘‘(1) develop, in consultation with the tary construction, and for defense ac-
military personnel strengths for such Tribe, a determination of needs to provide tivities of the Department of Energy,
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