Sec. 8. Office of Management and Budget Office of Native Nations

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

There is established in the Office of Management and Budget the Office of Native Nations. 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 ). The position of Administrator shall be a career position in the Office of the Director of Management and Budget. 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.

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). 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. 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. 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. The document prepared under paragraph

(1)shall be made publicly available. 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. 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. 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. 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. 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. There is authorized to be appropriated to carry out this section $2,000,000 for fiscal year 2025 and each fiscal year thereafter.