Sec. 107. STREAMLINING FUNDING FOR INDIAN TRIBES

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## SEC. 107 STREAMLINING FUNDING FOR INDIAN TRIBES ###

(a)Subpart 1 ####

(1)Tribal set-aside; direct payments to tribes; exemptive authority #####

(A)In general Section 428 (42 U.S.C. 628) is amended by striking subsections

(a)and

(b)and inserting the following: > > ### “(a) Reservation of Funds; Direct Payments > > Out of any amount appropriated pursuant to section 425 for a fiscal year, the Secretary shall reserve 3 percent for grants to Indian tribes and tribal organizations, which shall be paid directly to Indian tribes and tribal organizations with a plan approved under this subpart, in accordance with section 433(a).” > . #####

(B)Conforming amendment Section 423(a) (42 U.S.C. 623(a)) is amended by striking “the sum appropriated pursuant to section 425 for each fiscal year” and inserting “for each fiscal year, the sum appropriated pursuant to section 425 remaining after applying section 428(a)”. #####

(C)Technical amendment Section 428(c) (42 U.S.C. 628(c)) is amended by striking “450b” and inserting “5304”. ####

(2)Improving compliance with the indian child welfare act #####

(A)State plan requirement Section 422(b)(9) (42 U.S.C. 622(b)(9)) is amended by striking “Act;” and inserting “Act of 1978, including how the State will ensure timely notice to Indian tribes of State custody proceedings involving Indian children, foster care or adoptive placements of Indian children, and case recordkeeping as such matters relate to transfers of jurisdiction, termination of parental rights, and active efforts;”. #####

(B)Technical assistance Subpart 1 of part B of title IV (42 U.S.C. 621 et seq.) is amended by adding at the end the following: > > ## “SEC. 429B EFFECTIVE IMPLEMENTATION OF THE INDIAN CHILD WELFARE ACT OF 1978 > > **[**[42 U.S.C. 628d](/us/usc/t42/s628d)**]** > > > ### “(a) In General > > Not later than October 1, 2025, the Secretary, in consultation with Indian tribal organizations and States, shall develop a plan and provide technical assistance supporting effective implementation of the Indian Child Welfare Act of 1978, including specific measures identified in State plans as required by section 422(b)(9) of this Act. The technical assistance plan shall be based on data sufficient to assess State strengths and areas for improvement in implementing Federal standards established under the Indian Child Welfare Act of 1978, including, at a minimum, the following: > > > #### “(1) > > Timely identification of Indian children and extended family members. > > > #### “(2) > > Timely tribal notice of State child custody proceedings involving an Indian child. > > > #### “(3) > > Reports of cases in which a transfer of jurisdiction (as defined under the Indian Child Welfare Act of 1978) was granted or was not granted, and reasons specified for denial in cases where transfer was denied. > > > #### “(4) > > In cases in which a State court orders a foster care placement of an Indian child, whether requirements for active efforts to prevent the breakup of the Indian family, testimony of a qualified expert witness, and evidentiary standards were met. > > > #### “(5) > > Whether an Indian child was placed in a placement that is required to be preferred under the Indian Child Welfare Act of 1978, and if not, the reasons specified. > > > #### “(6) > > In cases in which a State court orders the termination of parental rights to an Indian child, whether requirements for active efforts to prevent the breakup of the Indian family, testimony of a qualified expert witness, and evidentiary standards were met. > > > ### “(b) Interagency Coordination > > On request of the Secretary, the Secretary of the Interior shall provide the Secretary with such guidance and assistance as may be necessary to facilitate informing States and public child welfare agencies on how to comply with the Indian Child Welfare Act of 1978, including specific measures identified in State plans as required by section 422(b)(9) of this Act. > > > ### “(c) Biennial Reports to Congress > > The Secretary shall biennially submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report on how— > > > #### “(1) > > the States are complying with the Indian Child Welfare Act of 1978 and section 422(b)(9) of this Act, as informed by data collected under this section; and > > > #### “(2) > > the Secretary is assisting States and Indian tribes to improve implementation of Federal standards established under the Indian Child Welfare Act of 1978.” > . ####

(3)Reporting requirements; administrative costs #####

(A)In general Section 428 (42 U.S.C. 628) is amended by redesignating subsection

(c)as subsection

(d)and inserting before such subsection the following: > > ### “(b) Authority to Streamline Reporting Requirements > > The Secretary shall, in consultation with the affected Indian tribes, modify any reporting requirement imposed by or under this part on an Indian tribe, tribal organization, or tribal consortium if the total of the amounts allotted to the Indian tribe, tribal organization, or tribal consortium under this part for the fiscal year is not more than $50,000, and in a manner that limits the administrative burden on any tribe to which not more than $50,000 is allotted under this subpart for the fiscal year. > > > ### “(c) Tribal Authority to Substitute the Federal Negotiated Indirect Cost Rate for Administrative Costs Cap > > For purposes of sections 422(14) and 424(e), an Indian tribal organization may elect to have the weighted average of the indirect cost rates in effect under part 220 of title 2, Code of Federal Regulations with respect to the administrative costs of the Indian tribal organization apply in lieu of the percentage specified in each such section.” > . #####

(B)Conforming amendments Section 431(a) (42 U.S.C. 629a(a)) is amended in each of paragraphs

(5)and

(6)by striking “428(c)” and inserting “428(d)”. ###

(b)Subpart 2 ####

(1)Tribal plan exemption Section 432(b)(2)(B) (42 U.S.C. 629b(b)(2)(B)) is amended— #####

(A)by striking “section 433(a)” the 1st place it appears and inserting “sections 433(a) and 437(c)(1) combined”; and #####

(B)by striking “section 433(a)” the 2nd place it appears and inserting “such sections”. ####

(2)Application of tribal set-aside before other set-asides Section 436(b)(3) (42 U.S.C. 429f(b)(3)) is amended by striking “After applying paragraphs

(4)and

(5)(but before applying paragraphs

(1)or (2)), the” and inserting “The”. ####

(3)Increase in funding for tribal court improvement program Section 438(c)(3) (42 U.S.C. 629h(c)(3)) is amended by inserting “for fiscal year 2025, and $2,000,000 for each of fiscal years 2026 through 2029,” before “for grants”.

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