Indian Country Economic Development Act - Amends the National Labor Relations Act to provide that any enterprise or institution owned and operated by an Indian tribe and located on its lands is not considered an employer (thus excluding such enterprises or institutions from coverage by such Act).
Amends the Internal Revenue Code (IRC) to exclude from gross income student loan repayments: (1) under the Indian Health Care Improvement Act, and (2) by the Bureau of Indian Education on behalf its employees whose responsibilities include working with or instructing students who attend schools the Bureau oversees.
Amends the IRC and the Employee Retirement Income Security Act of 1974 (ERISA) to treat the pension plans of Indian tribal governments as other governmental pension plans are treated. (Currently, tribal government pension plans that include employees performing commercial activities are not considered to be governmental plans.)
Permits the issuance of tax-exempt bonds by an Indian tribal government or subdivision if: (1) the obligation is part of an issue substantially all of whose proceeds are to be used in the exercise of an essential government function, or (2) at least 95% of the net proceeds are used to finance facilities on the Indian reservation.
Amends the Securities Act of 1933 to exempt obligations issued by an Indian tribal government or subdivision from registration requirements.
Amends the IRC to provide an employment tax credit to technology companies in Indian country that supply the federal government with domestic sole-sourced technology.
Extends to any Indian tribe the discretion granted under current law only to the Navajo Nation to lease restricted lands without the approval of the Secretary of the Interior in specified circumstances.
Amends the Civil Rights Act of 1964 to provide that the granting of a preference to a member of an Indian tribe by the tribe on account of such membership is not a violation of the prohibition against discrimination under federally assisted programs on the ground of a person's race, color, or national origin.
Allows Indian tribes and tribal organizations to submit proposals to have assistance from more than one federal program integrated to support a community, economic, or business development project that is consistent with the goals of those programs. Requires the federal agency most affected by such a proposal to consult with the other agencies involved and the Department of the Interior in deciding whether or not to approve the proposal and facilitate its implementation.
Authorizes federal agencies to enter into agreements with states for joint financing of such projects.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1599 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1599
To facilitate economic growth and development in Indian country, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 15, 2011
Mr. Cole introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committees on
Education and the Workforce, Natural Resources, Financial Services, and
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To facilitate economic growth and development in Indian country, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Indian Country
Economic Development Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--AMENDMENT TO NATIONAL LABOR RELATIONS ACT
Sec. 101. Amendment to definition of employer under the National Labor
Relations Act.
TITLE II--FICA FORGIVENESS ON STUDENT LOANS
Sec. 201. Exclusion from gross income for payments under Indian Health
Service Loan Repayment Program.
TITLE III--STUDENT LOAN REPAYMENTS EXCLUDED FROM GROSS INCOME
Sec. 301. Bureau of Indian Education student loan repayments excluded
from gross income.
TITLE IV--INDIAN TRIBAL GOVERNMENT PENSION PLANS
Sec. 401. Treatment of certain pension plans of Indian tribal
governments.
TITLE V--ISSUANCE OF TAX-EXEMPT BONDS
Sec. 501. Modifications of authority of Indian tribal governments to
issue tax-exempt bonds.
Sec. 502. Essential governmental function.
Sec. 503. Exemption from registration requirements.
TITLE VI--TAX CREDIT FOR TECH COMPANIES IN INDIAN COUNTRY
Sec. 601. Business credit for technology companies in Indian country.
TITLE VII--TRIBAL LEASES
Sec. 701. Approval of, and regulations related to, tribal leases.
Sec. 702. Land title reports; review and report to Congress.
TITLE VIII--EXEMPTIONS FROM TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
Sec. 801. Preference on account of tribe membership.
TITLE IX--INDIAN TRIBAL DEVELOPMENT
Sec. 901. Purposes.
Sec. 902. Definitions.
Sec. 903. Lead agency.
Sec. 904. Selection of participating tribes.
Sec. 905. Application requirements, review, and approval.
Sec. 906. Authority of heads of Federal agencies.
Sec. 907. Procedures for processing requests for joint financing.
Sec. 908. Uniform administrative procedures.
Sec. 909. Delegation of supervision of assistance.
Sec. 910. Joint assistance funds and project facilitation.
Sec. 911. Financial management, accountability, and audits.
Sec. 912. Technical assistance and personnel training.
Sec. 913. Joint state financing for Federal-tribal assisted projects.
Sec. 914. Report to Congress.
TITLE I--AMENDMENT TO NATIONAL LABOR RELATIONS ACT
SEC. 101. AMENDMENT TO DEFINITION OF EMPLOYER UNDER THE NATIONAL LABOR
RELATIONS ACT.
Section 2 of the National Labor Relations Act (29 U.S.C. 152) is
amended--
(1) in paragraph (2), by inserting ``or any enterprise or
institution owned and operated by an Indian tribe and located
on its Indian lands,'' after ``subdivision thereof,''; and
(2) by adding at the end the following:
``(15) The term `Indian tribe' means any Indian tribe,
band, nation, pueblo, or other organized group or community
which is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their status as Indians.
``(16) The term `Indian' means any individual who is a
member of an Indian tribe.
``(17) The term `Indian lands' means--
``(A) all lands within the limits of any Indian
reservation;
``(B) any lands title to which is either held in
trust by the United States for the benefit of any
Indian tribe or individual or held by any Indian tribe
or individual subject to restriction by the United
States against alienation; and
``(C) any lands in the State of Oklahoma that are
within the boundaries of a former reservation (as
defined by the Secretary of the Interior) of a
federally recognized Indian tribe.''.
TITLE II--FICA FORGIVENESS ON STUDENT LOANS
SEC. 201. EXCLUSION FROM GROSS INCOME FOR PAYMENTS UNDER INDIAN HEALTH
SERVICE LOAN REPAYMENT PROGRAM.
(a) In General.--Paragraph (4) of section 108(f) of the Internal
Revenue Code of 1986 is amended by inserting ``or under section 108 of
the Indian Health Care Improvement Act'' before the period at the end.
(b) Conforming Amendment.--The heading for section 108(f)(4) of
such Code is amended by striking ``and certain'' and inserting ``,
indian health service loan repayment program, and certain''.
(c) Effective Date.--The amendments made by this section shall
apply to payments made after the date of the enactment of this Act.
TITLE III--STUDENT LOAN REPAYMENTS EXCLUDED FROM GROSS INCOME
SEC. 301. BUREAU OF INDIAN EDUCATION STUDENT LOAN REPAYMENTS EXCLUDED
FROM GROSS INCOME.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by adding at the end the following new
section:
``SEC. 139F. BUREAU OF INDIAN EDUCATION STUDENT LOAN REPAYMENTS.
``Gross income does not include amounts remunerated under a student
loan repayment program authorized under section 5379 of title 5, United
States Code, by the Bureau of Indian Education on behalf of an employee
of such Bureau whose responsibilities include working with or
instructing students who attend schools overseen by such Bureau.''.
(b) Conforming Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 139F. Bureau of Indian Education student loan repayments.''.
(c) Effective Date.--The amendments made by this section shall
apply to student loan repayments made after the date of the enactment
of this Act.
TITLE IV--INDIAN TRIBAL GOVERNMENT PENSION PLANS
SEC. 401. TREATMENT OF CERTAIN PENSION PLANS OF INDIAN TRIBAL
GOVERNMENTS.
(a) Amendments to the Internal Revenue Code of 1986.--
(1) Qualified public safety employee.--Section 72(t)(10)(B)
of the Internal Revenue Code of 1986 (definition of qualified
public safety employee) is amended by--
(A) striking ``or political subdivision of a
State'' and inserting ``, political subdivision of a
State, or Indian tribe''; and
(B) striking ``such State or political
subdivision'' and inserting ``such State, political
subdivision, or tribe''.
(2) Governmental plan.--The last sentence of section 414(d)
of such Code (definition of governmental plan) is amended to
read as follows: ``The term `governmental plan' includes a plan
established or maintained for its employees by an Indian tribal
government (as defined in section 7701(a)(40)), a subdivision
of an Indian tribal government (determined in accordance with
section 7871(d)), an agency, instrumentality, or subdivision of
an Indian tribal government, or an entity established under
Federal, State, or tribal law which is wholly owned or
controlled by any of the foregoing.''.
(3) Domestic relations order.--Section 414(p)(1)(B)(ii) of
such Code (definition of domestic relations order) is amended
by inserting ``or tribal'' after ``State''.
(4) Exempt governmental deferred compensation plan.--
Section 3121(v)(3) of such Code (definition of governmental
deferred compensation plan) is amended by inserting ``by an
Indian tribal government or subdivision thereof,'' after
``political subdivision thereof,''.
(5) Deferred compensation plans.--Section 457 of such Code
(deferred compensation plans) is amended by adding at the end
the following new subsection:
``(h) Tribal Governments.--Plans maintained by an Indian tribal
government (as defined in section 7701(a)(40)), a subdivision of an
Indian tribal government (determined in accordance with section
7871(d)), an agency, instrumentality, or subdivision of an Indian
tribal government, or an entity established under Federal, State, or
tribal law which is wholly owned or controlled by any of the foregoing,
in compliance with Section 457(b) or (f) are treated as if established
by an eligible employer under Section 457(e)(1)(A).''.
(b) Amendments to the Employee Retirement Income Security Act of
1974.--
(1) In general.--The last sentence of section 3(32) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(32)) is amended to read as follows: ``The term
`governmental plan' includes a plan established or maintained
for its employees by an Indian tribal government (as defined in
section 7701(a)(40) of the Internal Revenue Code of 1986), a
subdivision of an Indian tribal government (determined in
accordance with section 7871(d) of such Code), an agency,
instrumentality, or subdivision of an Indian tribal government,
or an entity established under Federal, State, or tribal law
which is wholly owned or controlled by any of the foregoing.''.
(2) Domestic relations order.--Section 206(d)(3)(B)(ii)(II)
of such Act is amended by inserting ``or tribal'' after
``State''.
(3) Conforming amendments.--
(A) Paragraph (2) of section 109(d) of the Worker,
Retiree, and Employer Recovery Act of 2008 (Public Law
110-458; 122 Stat. 5112) is repealed, and, subject to
subparagraph (B), the provisions amended by such
paragraph shall read as if such paragraph had not been
enacted.
(B) Section 4021(b)(14) of such Act (as in effect
on the date of the enactment of the Pension Protection
Act of 2006 (Public Law 109-280; 120 Stat. 780) and
prior to the enactment of section 109(d)(2) of the
Worker, Retiree, and Employer Recovery Act of 2008) is
amended to read as follows:
``(14) established or maintained for its employees by an
Indian tribal government (as defined in section 7701(a)(40) of
the Internal Revenue Code of 1986), a subdivision of an Indian
tribal government (determined in accordance with section
7871(d) of such Code), an agency, instrumentality, or
subdivision of an Indian tribal government, or an entity
established under Federal, State, or tribal law which is wholly
owned or controlled by any of the foregoing.''.
(C) Section 4021(b)(2) of such Act (29 U.S.C.
1321(b)(2)) is amended by striking ``, or which is
described in the last sentence of section 3(32)'' and
inserting a period.
(c) Effective Date.--The amendments made by subsection (a) and
paragraphs (1), (2), (3)(B), and (3)(C) of subsection (b) shall take
effect as if included in section 906 of the Pension Protection Act of
2006.
TITLE V--ISSUANCE OF TAX-EXEMPT BONDS
SEC. 501. MODIFICATIONS OF AUTHORITY OF INDIAN TRIBAL GOVERNMENTS TO
ISSUE TAX-EXEMPT BONDS.
Subsection (c) of section 7871 of the Internal Revenue Code of 1986
(relating to Indian tribal governments treated as States for certain
purposes) is amended to read as follows:
``(c) Additional Requirements for Tax-Exempt Bonds.--
``(1) In general.--Section 103 shall apply to any
obligation issued by an Indian tribal government (or
subdivision thereof), and any private activity bond (as defined
in section 141(a)) issued by an Indian tribal government shall
be treated as a qualified bond for the purposes of such
section, only if--
``(A) such obligation is part of an issue
substantially all of the proceeds of which are to be
used in the exercise of any essential governmental
function, or
``(B) such obligation is part of an issue 95
percent or more of the net proceeds of which are to be
used to finance any facility located on an Indian
reservation.
``(2) Exclusion of gaming.--An obligation described in
subparagraph (A) or (B) of paragraph (1) may not be used to
finance any portion of a building in which class II or III
gaming (as defined in section 4 of the Indian Gaming Regulatory
Act (25 U.S.C. 2703)) is conducted or housed or any other
property actually used in the conduct of such gaming.
``(3) Definitions.--For purposes of this subsection--
``(A) Indian tribe.--The term `Indian tribe' means
any Indian tribe, band, nation, pueblo, or other
organized group or community which is recognized as
eligible for the special programs and services provided
by the United States to Indians because of their status
as Indians.
``(B) Indian reservation.--The term `Indian
reservation' means a reservation, as defined in section
4(10) of the Indian Child Welfare Act of 1978 (25
U.S.C. 1903(10)).''.
SEC. 502. ESSENTIAL GOVERNMENTAL FUNCTION.
Subsection (e) of section 7871 of the Internal Revenue Code of 1986
is amended to read as follows:
``(e) Essential Governmental Function.--The term `essential
governmental function' includes any function which is performed by a
State or local government with general taxing powers.''.
SEC. 503. EXEMPTION FROM REGISTRATION REQUIREMENTS.
The first sentence of section 3(a)(2) of the Securities Act of 1933
(15 U.S.C. 77c(a)(2)) is amended by inserting ``or by any Indian tribal
government or subdivision thereof (within the meaning of section 7871
of the Internal Revenue Code of 1986),'' after ``or Territories,''.
TITLE VI--TAX CREDIT FOR TECH COMPANIES IN INDIAN COUNTRY
SEC. 601. BUSINESS CREDIT FOR TECHNOLOGY COMPANIES IN INDIAN COUNTRY.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45S. TECHNOLOGY COMPANIES IN INDIAN COUNTRY.
``(a) General Rule.--For purposes of section 38, the qualified
technology employment credit for any taxable year is an amount equal to
$3,000 multiplied by each covered full-time employee of a qualified
high technology business.
``(b) Qualified High Technology Business.--For purposes of this
section--
``(1) In general.--The term `qualified high technology
business' means a trade or business that--
``(A) provides qualified covered items to the
United States Government, and
``(B) is located in Indian country (as defined by
section 1151 of title 18, United States Code).
``(2) Qualified covered item.--The term `qualified covered
item' means a covered item (as defined by section 2533a(b) of
title 10, United States Code (relating to requirement to buy
certain articles from American sources; exceptions)), which is
a domestic sole-sourced technology and which would require an
exception under subsection (c) or (e) of section 2533a of such
title if the United States Government were to otherwise procure
such technology from a source without the United States.
``(3) Exception.--The term `qualified covered item' shall
not include any item which ceases to be a domestic sole-sourced
technology, as determined by the Secretary of Defense.
``(c) Covered Full-Time Employee.--For purposes of this section,
the term `covered full-time employee' means, with respect to any
qualified covered item produced by the taxpayer, an individual who--
``(1) is providing services to the employer as an employee
for an average of not less than 32 hours per week for the
taxable year of the employer, and
``(2) substantially all of whose services are integrally
related to the production of such qualified covered item.
``(d) Located in Indian Country.--For purposes of this section, a
trade or business is located in Indian country if such trade or
business would be treated as a qualified business entity using the
criteria of paragraphs (1) through (8) of section 1397C(b) or as a
qualified proprietorship using the criteria of paragraphs (1) through
(9) of section 1397C(c), determined for purposes of this section by
treating Indian country as an empowerment zone.''.
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) of such Code (defining current year business credit) is amended
by striking ``plus'' at the end of paragraph (35), by striking the
period at the end of paragraph (36) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(37) the qualified technology employment credit
determined under section 45S.''.
(c) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45S. Technology companies in Indian country.''.
(d) Effective Date.--The amendments made by this section shall to
items acquired after the date of enactment of this Act.
TITLE VII--TRIBAL LEASES
SEC. 701. APPROVAL OF, AND REGULATIONS RELATED TO, TRIBAL LEASES.
The first section of the Act titled ``An Act to authorize the
leasing of restricted Indian lands for public, religious, educational,
recreational, residential, business, and other purposes requiring the
grant of long-term leases'', approved August 9, 1955 (25 U.S.C. 415),
is amended as follows:
(1) In subsection (d)--
(A) by striking paragraph (2) and inserting the
following:
``(2) the term `Indian tribe' has the meaning given such
term in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e));'';
(B) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by striking ``Navajo'';
(ii) in subparagraph (A), by striking ``the
Navajo Nation'' and inserting ``an Indian
tribe'';
(iii) in subparagraph (B), by striking
``Navajo Indians or members of another Indian
tribe'' and inserting ``an Indian tribe or a
member of an Indian tribe''; and
(iv) in subparagraph (C)(i), by striking
``Navajo Indian'' and inserting ``member of an
Indian tribe'';
(C) in paragraph (4), by striking ``the Navajo
Nation'' and inserting ``an applicable Indian tribe'';
(D) by striking paragraph (5) and redesignating
paragraphs (6), (7), and (8) as paragraphs (5), (6),
and (7), respectively;
(E) in paragraph (5) (as redesignated), by striking
``the Navajo Nation'' and inserting ``an Indian
tribe''; and
(F) in paragraph (7) (as redesignated)--
(i) by striking ``the Navajo Nation''; and
(ii) by striking ``with Navajo Nation law''
and inserting ``with applicable tribal law''.
(2) In subsection (e)--
(A) by amending the subsection heading to read as
follows: ``Approval of Leases--Tribal Discretion.--'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``Any leases by the Navajo
Nation'' and inserting ``At the discretion of
any Indian tribe, any leases by the applicable
Indian tribe''; and
(ii) in subparagraph (B), by striking
``Navajo Nation'' and inserting ``applicable
Indian tribe'';
(C) in paragraph (2), by striking ``Navajo'';
(D) in paragraph (3)--
(i) by striking ``the regulations of the
Navajo Nation'' and inserting ``such
regulations''; and
(ii) by striking ``with the Navajo Nation''
and inserting ``with the applicable Indian
tribe'';
(E) in paragraph (4), by striking ``Navajo Nation''
each place it appears and inserting ``applicable Indian
tribe'';
(F) in paragraph (5)--
(i) by striking ``paragraph (1), including
the Navajo Nation.'' and inserting ``paragraph
(1).''; and
(ii) by striking ``to the Navajo Nation''
and inserting ``to the applicable Indian
tribe'';
(G) in paragraph (6)(A)--
(i) by striking ``of the Navajo Nation''
and inserting ``of the applicable Indian
tribe''; and
(ii) by striking ``Navajo Nation tribal''
and inserting ``tribal''; and
(H) in paragraph (6)(B), by striking ``Navajo
Nation'' both places it appears and inserting
``applicable Indian tribe''.
SEC. 702. LAND TITLE REPORTS; REVIEW AND REPORT TO CONGRESS.
Not later than 180 days after funds are made available to carry out
this section, the Bureau of Indian Affairs shall prepare and submit to
the Committee on Financial Services and the Committee on Natural
Resources of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs and the Committee on Indian Affairs of the
Senate a report regarding the history and experience of Indian tribes
that have chosen to assume responsibility for carrying out Indian Land
Titles and Records Office functions (in this section referred to as
``LTRO functions'') from the Bureau of Indian Affairs. In conducting
the review, the Bureau of Indian Affairs shall consult with the
Department of Housing and Urban Development Office of Native American
Programs and those Indian tribes that are carrying out LTRO functions.
The review shall include an analysis of the following factors:
(1) Whether and how the carrying out of LTRO functions by
Indian tribes has expedited the processing and issuance of
Indian land title certifications as compared to the 10-year
period prior to the transfer of such responsibilities from the
Bureau of Indian Affairs to the Indian tribes.
(2) Whether and how the carrying out of LTRO functions by
Indian tribes has increased home ownership among the members of
such Indian tribes on the land involved.
(3) What internal preparations and processes were required
for Indian tribes to begin carrying out LTRO functions.
(4) Whether the carrying out of LTRO functions by Indian
tribes resulted in a transfer of financial and human resources
from the Bureau of Indian Affairs to the Indian tribes carrying
out such functions and, if so, what transfers were undertaken.
(5) Whether, in appropriate circumstances and with the
approval of geographically proximate Indian tribes, LTRO
functions may be performed by a single Indian tribe or by a
tribal consortium in a cost-effective manner.
TITLE VIII--EXEMPTIONS FROM TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
SEC. 801. PREFERENCE ON ACCOUNT OF TRIBE MEMBERSHIP.
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)
is amended by adding at the end the following new section:
``Sec. 607. The granting of a preference to a member of an Indian
tribe by the Indian tribe on account of membership in the Indian tribe
is not a violation of section 601. For purposes of this section, the
term `Indian tribe' has the meaning given such term in section 4(e) of
the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b(e)).''.
TITLE IX--INDIAN TRIBAL DEVELOPMENT
SEC. 901. PURPOSES.
The purposes of this title are--
(1) to enable Indian tribes and tribal organizations to use
available Federal assistance more effectively and efficiently;
(2) to adapt and target such assistance more readily to
particular needs through wider use of projects that are
supported by more than 1 agency, assistance program, or
appropriation of the Federal Government;
(3) to encourage Federal-tribal arrangements under which
Indian tribes and tribal organizations may more effectively and
efficiently combine Federal and tribal resources to support
economic development projects;
(4) to promote the coordination of Native American economic
programs to maximize the benefits of those programs to
encourage a more consolidated, national policy for economic
development; and
(5) to establish a procedure to aid Indian tribes in
obtaining Federal resources and in more efficiently
administering those resources for the furtherance of tribal
self-governance and self-determination.
SEC. 902. DEFINITIONS.
In this title:
(1) Applicant.--The term ``applicant'' means an Indian
tribe or tribal organization, or a consortium of Indian tribes
or tribal organizations, that submits an application under this
title for assistance in carrying out a project.
(2) Assistance.--The term ``assistance'' means the transfer
of anything of value for a public purpose, support, or
stimulation that is--
(A) authorized by a law of the United States;
(B) provided by the Federal Government through
grant or contractual arrangements (including technical
assistance programs providing assistance by loan, loan
guarantee, or insurance); and
(C) authorized to include an Indian tribe or tribal
organization, or a consortium of Indian tribes or
tribal organizations, as eligible for receipt of funds
under a statutory or administrative formula for the
purposes of community, economic, or business
development.
(3) Assistance program.--The term ``assistance program''
means any program of the Federal Government that provides
assistance for which Indian tribes or tribal organizations are
eligible.
(4) Indian tribe.--The term ``Indian tribe'' means any
Indian tribe, band, nation, pueblo, or other organized group or
community which is recognized as eligible for the special
programs and services provided by the United States to Indians
because of their status as Indians.
(5) Project.--
(A) In general.--The term ``project'' means a
community, economic, or business development
undertaking that includes components that contribute
materially to carrying out a purpose or closely-related
purposes that are proposed or approved for assistance
under more than 1 Federal Government program.
(B) Inclusion.--The term ``project'' includes a
project designed to improve the environment, a housing
facility, a community facility, a business or
industrial facility, or transportation, a road, or a
highway, with respect to an Indian tribe, tribal
organization, or consortium.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) 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. 450b).
SEC. 903. LEAD AGENCY.
The Department of the Interior shall be the lead agency for
purposes of carrying out this title.
SEC. 904. SELECTION OF PARTICIPATING TRIBES.
(a) Participants.--
(1) In general.--The Secretary may select from the
applicant pool described in subsection (b) Indian tribes or
tribal organizations, not to exceed 24 in each fiscal year, to
submit an application to carry out a project under this title.
(2) Consortia.--Two or more Indian tribes or tribal
organizations that are otherwise eligible to participate in a
program or activity to which this title applies may form a
consortium to participate as an applicant under paragraph (1).
(b) Applicant Pool.--The applicant pool described in this
subsection shall consist of each Indian tribe or tribal organization
that--
(1) successfully completes the planning phase described in
subsection (c);
(2) requests participation in a project under this title
through a resolution or other official action of the tribal
governing body; and
(3) demonstrates, for the 3 fiscal years immediately
preceding the fiscal year for which participation is requested,
financial stability and financial management capability as
demonstrated by a showing by the Indian tribe or tribal
organization that there were no material audit exceptions in
the required annual audit of the self-determination contracts
of the Indian tribe or tribal organization.
(c) Planning Phase.--Each applicant--
(1) shall complete a planning phase that includes--
(A) legal and budgetary research; and
(B) internal tribal government and organizational
preparation; and
(2) on completion of the planning phase, shall be eligible
for joint assistance with respect to a project.
SEC. 905. APPLICATION REQUIREMENTS, REVIEW, AND APPROVAL.
(a) Requirements.--An applicant shall submit to the head of the
Federal agency responsible for administering the primary Federal
program to be affected by the project an application that--
(1) identifies the programs to be integrated;
(2) proposes programs that are consistent with the purposes
described in section 901;
(3) describes--
(A) a comprehensive strategy that identifies the
manner in which Federal funds are to be integrated and
delivered under the project; and
(B) the results expected from the project;
(4) identifies the projected expenditures under the project
in a single budget;
(5) identifies the agency or agencies of the tribal
government that are to be involved in the project;
(6) identifies any Federal statutory provisions,
regulations, policies, or procedures that the applicant
requests be waived in order to implement the project; and
(7) is approved by the governing body of the applicant,
including, in the case of an applicant that is a consortium or
tribes or tribal organizations, the governing body of each
affected member tribe or tribal organization.
(b) Review.--On receipt of an application that meets the
requirements of subsection (a), the head of the Federal agency
receiving the application shall--
(1) consult with the applicant and with the head of each
Federal agency that is proposed to provide funds to implement
the project; and
(2) consult and coordinate with the Department of the
Interior as the lead agency under this title for the purposes
of processing the application.
(c) Approval.--
(1) Waivers.--
(A) In general.--Subject to subparagraph (B),
notwithstanding any other provision of law, the head of
the Federal agency responsible for administering any
statutory provision, regulation, policy, or procedure
that is identified in an application in accordance with
subsection (a)(6) or as a result of the consultation
required under subsection (b), and that is requested by
the applicant to be waived, shall waive the statutory
provision, regulation, policy, or procedure.
(B) Limitation.--A statutory provision, regulation,
policy, or procedure identified for waiver under
subparagraph (A) may not be waived by an agency head if
the agency head determines that a waiver would be
inconsistent with--
(i) the purposes described in section 901;
or
(ii) any provision of the statute governing
the program involved that is specifically
applicable to Indian programs.
(2) Project.--
(A) In general.--Not later than 90 days after the
date of receipt of an application that meets the
requirements of subsection (a), the head of the Federal
agency receiving the application shall inform the
applicant, in writing, of the approval or disapproval
of the application, including the approval or
disapproval of any waiver sought under paragraph (1).
(B) Disapproval.--If an application or waiver is
disapproved--
(i) the written notice shall identify the
reasons for the disapproval; and
(ii) the applicant shall be provided an
opportunity to amend the application or to
petition the agency head to reconsider the
disapproval.
SEC. 906. AUTHORITY OF HEADS OF FEDERAL AGENCIES.
(a) In General.--The President, acting through the heads of the
appropriate Federal agencies, shall promulgate regulations necessary--
(1) to carry out this title; and
(2) to ensure that this title is applied and implemented by
all Federal agencies.
(b) Scope of Coverage.--The Federal agencies that are included
within the scope of this title shall include--
(1) the Department of Agriculture;
(2) the Department of Commerce;
(3) the Department of Defense;
(4) the Department of Education;
(5) the Department of Energy;
(6) the Department of Health and Human Services;
(7) the Department of Homeland Security;
(8) the Department of Housing and Urban Development;
(9) the Department of the Interior;
(10) the Department of Justice;
(11) the Department of Labor;
(12) the Department of Transportation;
(13) the Department of the Treasury;
(14) the Department of Veterans Affairs;
(15) the Environmental Protection Agency;
(16) the Small Business Administration; and
(17) such other agencies as the President determines to be
appropriate.
(c) Activities.--Notwithstanding any other provision of law, the
head of each Federal agency, acting alone or jointly through an
agreement with another Federal agency, may--
(1) identify related Federal programs that are suitable for
providing joint financing of specific kinds of projects with
respect to Indian tribes or tribal organizations;
(2) assist in planning and developing such projects to be
financed through different Federal programs;
(3) with respect to Federal programs or projects that are
identified or developed under paragraphs (1) or (2), develop
and prescribe--
(A) guidelines;
(B) model or illustrative projects;
(C) joint or common application forms; and
(D) other materials or guidance;
(4) review administrative program requirements to identify
requirements that may impede the joint financing of such
projects and modify the requirements appropriately;
(5) establish common technical and administrative
regulations for related Federal programs to assist in providing
joint financing to support a specific project or class of
projects; and
(6) establish joint or common application processing and
project supervision procedures, including procedures for
designating--
(A) an agency responsible for processing
applications; and
(B) a lead agency responsible for project
supervision.
(d) Requirements.--In carrying out this title, the head of each
Federal agency shall--
(1) take all appropriate actions to carry out this title
when administering an assistance program;
(2) consult and cooperate with the heads of other Federal
agencies; and
(3) assist in the administration of assistance programs of
other Federal agencies that may be used to jointly finance
projects undertaken by Indian tribes or tribal organizations.
SEC. 907. PROCEDURES FOR PROCESSING REQUESTS FOR JOINT FINANCING.
In processing an application for assistance for a project to be
financed in accordance with this title by at least 2 assistance
programs, the head of a Federal agency shall take all appropriate
actions to ensure that--
(1) required reviews and approvals are handled
expeditiously;
(2) complete account is taken of special considerations of
timing that are made known to the head of the Federal agency by
the applicant that would affect the feasibility of a jointly
financed project;
(3) an applicant is required to deal with a minimum number
of representatives of the Federal Government;
(4) an applicant is promptly informed of a decision or
problem that could affect the feasibility of providing joint
assistance under the application; and
(5) an applicant is not required to get information or
assurances from 1 Federal agency for a requesting Federal
agency in a case in which the requesting agency makes the
information or assurances directly.
SEC. 908. UNIFORM ADMINISTRATIVE PROCEDURES.
(a) In General.--To make participation in a project simpler than
would otherwise be practicable because of the application of
inconsistent or conflicting technical or administrative regulations or
procedures that are not specifically required by the statute that
governs the Federal program under which the project is funded, the head
of a Federal agency may promulgate uniform regulations concerning
inconsistent or conflicting requirements with respect to--
(1) the financial administration of the project, including
with respect to accounting, reporting, and auditing, and
maintaining a separate bank account, to the extent consistent
with this title;
(2) the timing of payments by the Federal Government for
the project in a case in which 1 payment schedule or a combined
payment schedule is to be established for the project;
(3) the provision of assistance by grant rather than
procurement contract; and
(4) the accountability for, or the disposition of, records,
property, or structures acquired or constructed with assistance
from the Federal Government under the project.
(b) Review.--To make the processing of applications for assistance
under a project simpler under this title, the head of a Federal agency
may provide for review of proposals for a project by a single panel,
board, or committee in any case in which reviews by separate panels,
boards, or committees are not specifically required by the statute that
authorizes the Federal program under which the project is funded.
SEC. 909. DELEGATION OF SUPERVISION OF ASSISTANCE.
(a) In General.--In accordance with regulations promulgated under
section 906(a), the head of a Federal agency may delegate or otherwise
enter into an arrangement to have another Federal agency carry out or
supervise a project or class of projects jointly financed in accordance
with this title.
(b) Conditions.--A delegation or other arrangement under subsection
(a)--
(1) shall be made under conditions ensuring that the duties
and powers delegated are exercised consistent with Federal law;
and
(2) may not be made in a manner that relieves the head of a
Federal agency of responsibility for the proper and efficient
management of a project for which the agency provides
assistance.
SEC. 910. JOINT ASSISTANCE FUNDS AND PROJECT FACILITATION.
(a) Joint Assistance Fund.--In providing support for a project in
accordance with this title, the head of a Federal agency may provide
for the establishment in the Treasury by an applicant of a joint
assistance fund to ensure that amounts received by the applicant from
more than 1 assistance program or appropriation are effectively
administered.
(b) Agreement.--
(1) In general.--A joint assistance fund may be established
under subsection (a) only in accordance with an agreement by
the Federal agencies involved concerning the responsibilities
of each such agency.
(2) Requirements of agreement.--An agreement under
paragraph (1) shall--
(A) ensure the availability of necessary
information to Federal agencies and Congress; and
(B) provide that the agency providing for the
establishment of the fund under subsection (a) is
responsible and accountable by program and
appropriation for the amounts provided for the purposes
of each fund.
(c) Use of Excess Funds.--In any project conducted under this title
for which a joint assistance fund has been established under subsection
(a) and the actual costs of the project are less than the estimated
costs, use of the excess funds shall be determined by the head of the
Federal agency administering the joint assistance fund, after
consultation with the applicant.
SEC. 911. FINANCIAL MANAGEMENT, ACCOUNTABILITY, AND AUDITS.
(a) Single Audit Act.--Recipients of funding provided in accordance
with this title shall be subject to chapter 75 of title 31, United
States Code.
(b) Records.--
(1) In general.--With respect to each project financed
through an account in a joint assistance fund established under
section 910, the recipient of amounts from the fund shall
maintain records as required by the head of the Federal agency
responsible for administering the fund.
(2) Requirements.--Records described in paragraph (1) shall
disclose--
(A) the amount and disposition by the recipient of
assistance received under each Federal assistance
program and appropriation;
(B) the total cost of the project for which such
assistance was given or used;
(C) the part of the cost of the project provided
from other sources; and
(D) such other information as the head of the
Federal agency responsible for administering the fund
determines will facilitate the conduct of an audit of
the project.
(c) Availability.--Records of a recipient related to an amount
received from a joint assistance fund under this title shall be made
available, for inspection and audit, to--
(1) the head of the Federal agency responsible for
administering the fund; and
(2) the Comptroller General of the United States.
SEC. 912. TECHNICAL ASSISTANCE AND PERSONNEL TRAINING.
Amounts available for technical assistance and personnel training
under any Federal assistance program shall be available for technical
assistance and training under a project approved for joint financing
under this title if the use of the funds involves the Federal
assistance program and the project approved for joint financing.
SEC. 913. JOINT STATE FINANCING FOR FEDERAL-TRIBAL ASSISTED PROJECTS.
(a) In General.--Under regulations promulgated under section
906(a), the head of a Federal agency may enter into an agreement with a
State to extend the benefits of this title to a project that involves
assistance from--
(1) at least 1 Federal agency;
(2) a State; and
(3) at least 1 tribal agency or instrumentality.
(b) Joint Action.--An agreement under subsection (a) may include
arrangements to process requests or administer assistance on a joint
basis.
SEC. 914. REPORT TO CONGRESS.
Not later than 1 year after the date of enactment of this title,
the President shall submit to Congress a report that includes--
(1) a description of actions taken under this title;
(2) a detailed evaluation of the implementation of this
title, including information on the benefits and costs of
jointly financed projects that accrue to participating Indian
tribes and tribal organizations; and
(3) recommendations (including legislative recommendations)
of the President with respect to improvement of this title.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committees on Education and the Workforce, Natural Resources, Financial Services, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Education and the Workforce, Natural Resources, Financial Services, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Education and the Workforce, Natural Resources, Financial Services, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Education and the Workforce, Natural Resources, Financial Services, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Education and the Workforce, Natural Resources, Financial Services, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Subcommittee Indian and Alaska Native Affairs.
Referred to the Subcommittee on Insurance, Housing and Community Opportunity.
Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
Referred to the Subcommittee on the Constitution.