No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7859 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7859
To authorize the integration and administrative streamlining of Federal
funding for Indian Tribes that have reservations, other Tribal lands,
or ways of life at risk due to environmental impacts and natural
disasters, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 2, 2024
Mr. Kilmer (for himself, Mr. Simpson, Ms. Perez, and Mr. Cole)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To authorize the integration and administrative streamlining of Federal
funding for Indian Tribes that have reservations, other Tribal lands,
or ways of life at risk due to environmental impacts and natural
disasters, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Tribal
Environmental Resiliency Resources Act'' or the ``TERRA Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Statement of purpose.
Sec. 3. Definitions.
Sec. 4. Lead agency.
TITLE I--PROGRAM COMPONENTS; PLAN DEVELOPMENT AND APPROVAL
Sec. 101. Integration of Federal programs authorized.
Sec. 102. Eligible Federal programs.
Sec. 103. Activities authorized under a Plan.
Sec. 104. Plan requirements.
Sec. 105. Technical assistance.
Sec. 106. Plan submission and review.
Sec. 107. Waiver authority.
Sec. 108. Plan approval or denial.
TITLE II--PLAN IMPLEMENTATION; FUNDING ADMINISTRATION;
INTERDEPARTMENTAL MEMORANDUM OF AGREEMENT; REPORT
Sec. 201. Reduced reporting requirements.
Sec. 202. Streamlined permitting and review implementation.
Sec. 203. Expedited fee-to-trust process for Plan implementation.
Sec. 204. Streamlined funding framework implementation.
Sec. 205. Transfer and distribution of funds.
Sec. 206. Administration of funds.
Sec. 207. No reduction in amounts.
Sec. 208. Interdepartmental memorandum of agreement.
Sec. 209. Report required.
SEC. 2. STATEMENT OF PURPOSE.
The purpose of this Act is to empower Indian Tribes that have
reservations, other Tribal lands, or ways of life at risk due to
environmental impacts and natural disasters, including flooding,
erosion, sea level rise, permafrost degradation, ocean acidification,
extended drought, extreme temperatures, and more frequent and severe
wildfires, hurricanes, and tornadoes, to integrate funding from
multiple eligible Federal programs into comprehensive Plans designed to
meet the needs of those Indian Tribes and their communities with
respect to preventing or addressing those environmental impacts or
natural disasters, including by community-driven relocation, if
applicable, while--
(1) reducing administrative, reporting, and accounting
costs; and
(2) serving Tribally determined goals consistent with the
policy of self-determination, the unique Government-to-
Government relationship between the Government of the United
States and the Governments of Indian Tribes, and the unique
Federal trust responsibility to Indian Tribes and Indian people
assumed by the United States, including all Federal agencies.
SEC. 3. DEFINITIONS.
In this Act:
(1) Affected agency.--The term ``affected agency'' means a
Federal agency that administers a program that has been
integrated, or is being proposed for integration, into a Plan.
(2) Coordinated project schedule.--The term ``coordinated
project schedule'' means the coordinated project schedule
required under section 202(c)(1).
(3) Department.--The term ``Department'' means the
Department of the Interior.
(4) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551 of title 5,
United States Code.
(5) Federal partner.--The term ``Federal partner'' means
each of--
(A) the Department;
(B) the Department of Agriculture;
(C) the Department of the Army;
(D) the Department of Commerce;
(E) the Department of Defense;
(F) the Department of Energy;
(G) the Department of Health and Human Services;
(H) the Department of Homeland Security;
(I) the Department of Housing and Urban
Development;
(J) the Department of Justice;
(K) the Department of Transportation;
(L) the Department of the Treasury;
(M) the Environmental Protection Agency;
(N) the Federal Communications Commission;
(O) the Federal Energy Regulatory Commission;
(P) the Advisory Council on Historic Preservation;
and
(Q) any other Federal agency that operates a
program determined eligible by the Secretary for
integration into a Plan under this Act.
(6) Federal program.--The term ``Federal program'' means
any Federal program or Federal funding source that an Indian
Tribe integrates or seeks to integrate into the Plan of the
Indian Tribe.
(7) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(8) NEPA.--The term ``NEPA'' means the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(9) Participating agency.--The term ``participating
agency'' means a Federal agency that, regardless of whether the
Federal agency is a Federal partner or an affected agency--
(A) has review, permitting, or other authorization
responsibility with respect to the services or
activities to be carried out under a Plan, including
responsibilities that require review under NEPA,
section 306108 of title 54, United States Code
(commonly known as the ``National Historic Preservation
Act''), or other applicable Federal law;
(B) is designated by the Secretary as a
participating agency for that Plan; and
(C) participates in the streamlined permitting and
review procedures for implementing that Plan, in
accordance with section 202.
(10) Plan.--The term ``Plan'' means a Plan authorized under
this Act.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. LEAD AGENCY.
Notwithstanding any other provision of law--
(1) the lead Federal agency responsible for implementation
of this Act is the Department; and
(2) unless otherwise provided in this Act, the Secretary
possesses sole and exclusive decisionmaking authority for all
Federal actions under this Act, including the sole and
exclusive authority to determine whether a Federal program is
eligible for integration into a Plan.
TITLE I--PROGRAM COMPONENTS; PLAN DEVELOPMENT AND APPROVAL
SEC. 101. INTEGRATION OF FEDERAL PROGRAMS AUTHORIZED.
The Secretary shall, on approving a proposed Plan submitted by an
Indian Tribe under this Act, authorize the Indian Tribe, in accordance
with the Plan--
(1) to integrate funding from eligible Federal programs
(referred to in this section as the ``integrated Federal
programs''), including by implementing any waivers of
statutory, regulatory, and administrative requirements,
regulations, policies, and procedures granted under section
107;
(2) to carry out the core services and activities that
would otherwise be provided through the integrated Federal
programs in accordance with the designated purposes of the
Plan;
(3) to reallocate funds from the integrated Federal
programs, as needed, among the various services and activities
to be carried out under the Plan in accordance with the
designated purposes of the Plan without the need for any waiver
to be granted under section 107;
(4) if appropriate, and in accordance with the designated
purposes of the Plan, to reallocate some or all of the funds
from the integrated Federal programs to costs associated with
community-driven relocation; and
(5) to provide a single report each year, based on the
model report developed under section 201(b)--
(A) in lieu of reporting, recordkeeping, auditing,
or similar requirements or procedures associated with
the integrated Federal programs; and
(B) without the need for a waiver to be granted
under section 107.
SEC. 102. ELIGIBLE FEDERAL PROGRAMS.
To be eligible for integration into a Plan, a Federal program must
meet the following criteria with respect to the purpose and nature of
funding:
(1) Purpose.--The Federal program is implemented for a
purpose that helps to address environmental resiliency, which
may include advancing such purpose through--
(A) climate resilience, mitigation, or relocation;
(B) disaster relief, preparedness, or prevention;
(C) environmental remediation;
(D) housing;
(E) infrastructure maintenance or development;
(F) economic development;
(G) land management (including purchasing, leasing,
and fee-to-trust);
(H) capacity building;
(I) real estate services;
(J) natural resources management or development;
(K) energy or utility services; and
(L) any purpose relating to, or otherwise
supporting or facilitating, a purpose described in
subparagraphs (A) through (K).
(2) Nature of funding.--The funding of the Federal program
is provided based on--
(A) the eligibility of an Indian Tribe or members
of an Indian Tribe to receive funds--
(i) under a statutory or administrative
formula making funds available to the Indian
Tribe or members of the Indian Tribe; or
(ii) based solely or in part on the status
of the Indian Tribe or members of the Indian
Tribe as Indians under Federal law;
(B) the fact that an Indian Tribe or members of an
Indian Tribe have secured funds as a result of a
noncompetitive process or a specific designation;
(C) a competitive process under which Indian Tribes
are designated eligible recipients, regardless of
whether the competitive funding is for the benefit of
the Indian Tribe because of the status of the Indian
Tribe or the status of the beneficiaries the funding
serves; or
(D) block grant funds provided to an Indian Tribe,
regardless of whether the block grant is for the
benefit of the Indian Tribe because of the status of
the Indian Tribe or the status of the beneficiaries the
grant serves.
SEC. 103. ACTIVITIES AUTHORIZED UNDER A PLAN.
Federal funding integrated into a Plan shall be expended for
purposes--
(1) consistent with the core services or activities that
otherwise would have been provided or carried out under the
Federal programs integrated into the Plan; or
(2) relating to community-driven relocation.
SEC. 104. PLAN REQUIREMENTS.
(a) In General.--A Plan submitted by an Indian Tribe to the
Secretary for approval shall--
(1) identify the Federal programs to be integrated into the
Plan;
(2) be consistent with the purpose of this Act;
(3) describe, at the option of the Indian Tribe--
(A) the nature and severity of the environment-
related threats to the existing reservation of the
Indian Tribe, other Tribal lands, or ways of life; and
(B) if applicable, a strategy for community-driven
relocation to be addressed by the Plan, including--
(i) the general location of the proposed
relocation efforts; and
(ii) a summary of geospatial information,
if available, illustrating--
(I) the proposed relocation area;
and
(II) if applicable, the locations
of environmental, cultural, and
historic resources;
(4) describe the way in which Federal program funds and
services are to be integrated, consolidated, and delivered to
provide services and carry out activities under the designated
purposes of the Plan, including provisions that detail how
funding sources are anticipated to be coordinated, consistent
with section 204(b);
(5) identify any need for taking land into trust for the
benefit of the Indian Tribe for environment-related purposes,
pursuant to section 203;
(6) identify the projected expenditures under the Plan in a
single budget covering all consolidated funds;
(7) identify any Federal environmental or historic
preservation reviews, permits, or other authorizations
anticipated to be required to be completed or obtained to
implement the Plan, including any reviews that may be required
under NEPA or section 306108 of title 54, United States Code
(commonly known as the ``National Historic Preservation Act'');
(8) identify any statutory, regulatory, or administrative
requirements, regulations, policies, or procedures that the
Indian Tribe believes need to be waived to efficiently and
effectively implement the Plan; and
(9) be approved by the governing body of the Indian Tribe,
by resolution or other applicable means.
(b) Confidentiality.--Any information relating to Tribal natural,
cultural, and historical resources submitted in a Plan shall be--
(1) kept confidential; and
(2) exempt from the disclosure requirements under section
552(b)(3) of title 5, United States Code (commonly known as the
``Freedom of Information Act'') and chapter 10 of part I of
title 5, United States Code (commonly known as the ``Federal
Advisory Committee Act'').
SEC. 105. TECHNICAL ASSISTANCE.
(a) In General.--On request of an Indian Tribe, the Secretary shall
provide technical assistance to the Indian Tribe with respect to any
phase or aspect of a Plan, including--
(1) project planning and design to develop a proposed Plan
for submission; and
(2) review by the Secretary of a draft proposed Plan, in
accordance with subsection (b).
(b) Review by Secretary.--If an Indian Tribe requests review of a
draft proposed Plan under subsection (a)(2), the Secretary shall--
(1) provide an informal assessment of the likelihood of
approval by the Secretary of the draft proposed Plan;
(2) identify any issues or missing information that may
prevent the approval of the draft proposed Plan; and
(3) provide followup technical assistance to resolve any
issues described in paragraph (2), as applicable.
(c) Review Not a Decision.--A review of a draft proposed Plan under
subsection (b) shall not constitute an official Federal agency
determination or decision.
(d) Agency Consultation.--
(1) In general.--In providing technical assistance under
subsection (a), on request of the Indian Tribe receiving
technical assistance, or as the Secretary determines
appropriate, the Secretary shall consult with any Federal
agencies anticipated to be affected agencies or participating
agencies with respect to the applicable Plan.
(2) Scope.--Federal agencies with which the Secretary
consults under paragraph (1) shall provide technical assistance
with respect to any requested phase or aspect of a Plan,
including--
(A) waiver requests under section 107;
(B) streamlined funding frameworks under section
204; and
(C) coordinated project scheduling under section
202(c).
SEC. 106. PLAN SUBMISSION AND REVIEW.
(a) Notice.--An Indian Tribe shall notify the Secretary, in
writing, of the intent of the Indian Tribe to prepare a proposed Plan.
(b) Consultation.--On receipt of notice from an Indian Tribe under
subsection (a), the Secretary shall consult with the Indian Tribe--
(1) to identify potential Federal programs that may be
integrated into the proposed Plan; and
(2) to identify any waivers of applicable statutory,
regulatory, or administrative requirements, regulations,
policies, or procedures necessary to enable the Indian Tribe to
efficiently and effectively implement the proposed Plan.
(c) Plan Submission.--A proposed Plan submitted by an Indian Tribe
to the Secretary shall satisfy the requirements of this Act, including
any requested waivers under section 107.
SEC. 107. WAIVER AUTHORITY.
(a) Tribal Waiver Request.--In consultation with the Secretary, an
Indian Tribe submitting a proposed Plan may include in the proposed
Plan a request that the head of an affected agency waive any statutory,
regulatory, or administrative requirement, regulation, policy, or
procedure that the Indian Tribe considers necessary to enable the
Indian Tribe to efficiently and effectively implement the proposed
Plan.
(b) Waiver Authority.--
(1) In general.--Notwithstanding any other provision of
law, but subject to paragraph (2), the head of an affected
agency shall waive any applicable statutory, regulatory, or
administrative requirement, regulation, policy, or procedure
for which an Indian Tribe has requested a waiver under
subsection (a), including--
(A) matching requirements;
(B) competition procedures and other competitive
funding requirements;
(C) formula funding limitations;
(D) repayment obligations;
(E) deadlines; and
(F) any statutory requirements that may be
interpreted to prevent--
(i) the Indian Tribe from receiving funds
from multiple, or overlapping, sources of
Federal funding; or
(ii) the creation by the head of the
affected agency of a funding set-aside for
Indian Tribes.
(2) Limitation.--A waiver requested by an Indian Tribe
under paragraph (1) shall not be granted if the head of the
affected agency determines granting the waiver will be
inconsistent with--
(A) the purpose of this Act; or
(B) the provision of law from which the Federal
program included in the Plan derives its authority that
is specifically applicable to Indians.
(c) Waiver Submission and Review.--
(1) Determination on waiver request.--Not later than 45
days after the date on which an Indian Tribe submits a waiver
request under subsection (a), the head of the affected agency
shall--
(A) make a determination on whether to grant or
deny the request; and
(B) provide written notice of the determination and
the reasons for the determination to the requesting
Indian Tribe and the Secretary.
(2) Deemed approval.--If the head of an affected agency
does not provide written notice to the Indian Tribe of a
determination on a waiver request within the 45-day period
described in paragraph (1), the waiver request shall be deemed
to be granted.
(3) Interagency dispute resolution.--
(A) In general.--On the request of an Indian Tribe
that submitted a waiver request under subsection (a),
the Secretary shall establish and initiate an
interagency dispute resolution process involving--
(i) the Secretary;
(ii) the Indian Tribe; and
(iii) the head of the affected agency.
(B) Timeline.--A dispute initiated under
subparagraph (A) shall be resolved not later than 30
days after the date on which the process is initiated
under that subparagraph.
(C) Final authority.--If the dispute resolution
process fails to resolve the dispute between the Indian
Tribe and the affected agency, the head of the affected
agency shall have the final authority to resolve the
dispute.
(D) Notice to indian tribe.--Not later than 10 days
after the date on which the dispute is resolved under
this paragraph, the Secretary shall provide the Indian
Tribe with--
(i) the final determination on the waiver
request; and
(ii) notice of the right to file an appeal
in accordance with section 108(d)(2).
SEC. 108. PLAN APPROVAL OR DENIAL.
(a) In General.--The Secretary shall have the sole and exclusive
authority to approve or disapprove--
(1) a Plan submitted by an Indian Tribe; and
(2) the integration of a Federal program into the Plan.
(b) Approval or Denial Process.--
(1) In general.--Except as provided in subsection (c), not
later than 90 days after the date on which the Secretary
receives a proposed Plan submitted by an Indian Tribe, the
Secretary shall--
(A) approve or deny the Plan; and
(B) provide written notice of that decision to the
Indian Tribe.
(2) Approval.--If the Secretary approves a Plan, the
Secretary shall authorize the transfer and distribution of
funds associated with the Federal programs integrated into the
Plan.
(3) Denial.--If the Secretary denies a Plan, the Secretary
shall provide to the Indian Tribe written notification of
disapproval that contains a specific finding that clearly
demonstrates, or that is supported by controlling legal
authority, that the Plan does not meet the requirements of this
Act.
(4) Partial approval.--If the Secretary determines a Plan
cannot be approved in its entirety, the Secretary shall approve
any portion of the Plan that can be approved and deny any
portion of the proposed Plan that cannot be approved, pursuant
to the processes described in this subsection.
(5) Deemed approval.--If the Secretary does not provide
written notice to an Indian Tribe of a decision on a Plan
within the 90-day period described in paragraph (1), the Plan
shall be deemed approved.
(c) Extension of Time.--
(1) In general.--Subject to paragraph (2), the Secretary
may extend or otherwise alter the 90-day period described in
subsection (b)(1) if, before expiration of the original 90-day
period, the Secretary obtains the express written consent of
the Indian Tribe that submitted the applicable Plan.
(2) Extension restrictions.--An extension or alteration of
the 90-day period under paragraph (1) may only be--
(A) provided once; and
(B) for a period of not more than 90 days.
(d) Review of Denial.--In addition to the requirements of
subsection (b)(3), if the Secretary denies or partially denies a
proposed Plan the Secretary shall--
(1) provide technical assistance to the applicable Indian
Tribe with respect to the denied proposed Plan, or the denied
portion of the proposed Plan, to ensure the proposed Plan meets
the requirements of this Act, if possible; and
(2) inform the Indian Tribe of the option of the Indian
Tribe to request a hearing on the record before an
administrative law judge with the right to engage in full
discovery relevant to any issue raised in the matter and the
opportunity for appeal on the matters raised by the Secretary
under subsection (b)(3), under such rules and regulations as
the Secretary may issue.
(e) Civil Actions.--
(1) In general.--An Indian Tribe may bring a civil action
in a district court of the United States against--
(A) the Secretary for a Plan denial under this
section; and
(B) an affected agency for a waiver denial under
section 107.
(2) Administrative exhaustion not required.--An Indian
Tribe may bring a civil action under paragraph (1) without
regard to whether the Indian Tribe had an administrative
hearing for a Plan denial under subsection (d)(2) or engaged in
the dispute resolution process for a waiver denial under
section 107(c)(3).
(3) Relief.--In a civil action brought by an Indian Tribe
under paragraph (1), a district court of the United States may
order appropriate relief (including injunctive relief to
reverse a denial of a Plan or a waiver to compel an officer or
employee of the United States, or any agency thereof, to
perform a duty provided under this Act or regulations
promulgated under this Act) against any action by an officer or
employee of the United States or any Federal agency contrary to
this Act or regulations promulgated under this Act.
TITLE II--PLAN IMPLEMENTATION; FUNDING ADMINISTRATION;
INTERDEPARTMENTAL MEMORANDUM OF AGREEMENT; REPORT
SEC. 201. REDUCED REPORTING REQUIREMENTS.
(a) Certain Federal Program Requirements Superseded.--An Indian
Tribe with a Plan approved by the Secretary under section 108--
(1) shall be required to submit a single report each year
based on the model report developed by the Secretary under
subsection (b)(1) in accordance with the Plan of the Indian
Tribe; and
(2) shall not be required to comply with reporting,
recordkeeping, auditing, or similar requirements or procedures
required by individual Federal programs integrated into the
Plan of the Indian Tribe.
(b) Duties of Secretary.--The Secretary shall--
(1) develop a model report, to be made available to the
Indian Tribes, that describes all services or activities
undertaken and expenditures made under a Plan;
(2) develop and use a single monitoring and oversight
system for Plans, which shall record all information relevant
to the administration of Plans, including, for each Plan--
(A) annual reports submitted by Indian Tribes under
this section;
(B) streamlined funding frameworks, as updated by
the Secretary pursuant to section 204(b)(2)(B); and
(C) coordinated project schedules, including any
environmental review timetables included in those
coordinated project schedules, as updated by the
Secretary pursuant to section 202(c)(2)(B); and
(3) maintain and make available to Indian Tribes a list of
all--
(A) Federal programs approved and denied for
integration into Plans; and
(B) waiver requests granted and denied under
section 107.
(c) Model Report Format.--
(1) Requirements.--The model report developed under
subsection (b)(1) shall contain information sufficient--
(A) to determine whether the Indian Tribe has
complied with the requirements of the Plan of the
Indian Tribe; and
(B) to enable the head of each affected agency to
determine whether the Indian Tribe has complied with
all directly applicable statutory and regulatory
requirements of the integrated Federal programs of each
affected agency that are not--
(i) superseded on integration into a Plan;
or
(ii) waived under section 107.
(2) Limitation.--The model report developed under
subsection (b)(1) shall not require an Indian Tribe to report
on the expenditure of funds expressed by fund source or single
agency code transferred to the Indian Tribe under a Plan.
SEC. 202. STREAMLINED PERMITTING AND REVIEW IMPLEMENTATION.
(a) Identification of Federal Agencies.--
(1) In general.--On approval of a Plan by the Secretary
under section 108, the Secretary, in consultation with the
Indian Tribe, shall identify and invite all Federal agencies
that have permitting, review, approval, or other authorization
responsibilities with respect to the services or activities to
be carried out under the Plan, including responsibilities that
require review under NEPA, section 306108 of title 54, United
States Code (commonly known as the ``National Historic
Preservation Act''), and other applicable Federal law, to
participate in the streamlined permitting and review process
described in this section.
(2) Lead agency.--The Department shall be the lead Federal
agency responsible for implementation of this Act.
(b) Participating Agencies.--
(1) In general.--A Federal agency invited under subsection
(a) shall be designated as a participating agency for a Plan,
unless the Federal agency informs the Secretary in writing not
later than 14 days after the date on which the Federal agency
receives the invitation from the Secretary under that
subsection that the Federal agency--
(A) has no jurisdiction or review, permitting, or
other authorization responsibility with respect to the
services or activities to be carried out under the
Plan; or
(B) does not intend to exercise review, permitting,
or other authorization responsibility relating to, or
submit comments on, implementation of the Plan.
(2) Changed circumstances.--At the request of a Federal
agency based on a showing of changed circumstances, the
Secretary may designate a Federal agency that has opted out
under paragraph (1)(A) to be a participating agency.
(3) Effect.--Designation as a participating agency under
paragraph (1) shall not grant the participating agency
authority or jurisdiction over--
(A) the Plan; or
(B) the services and activities to be carried out
under the Plan beyond the existing statutory authority
of the participating agency, if any, to approve
particular services or activities under the Plan.
(c) Coordinated Project Schedule.--
(1) In general.--Not later than 60 days after the date on
which a Plan submitted to the Secretary is approved by the
Secretary under section 108, the Secretary and the applicable
Indian Tribe, in consultation with each participating agency
designated under subsection (b)(1), shall develop a coordinated
project schedule for completing any review and obtaining any
permit or other authorization required to carry out the
services and activities under the Plan, except those
requirements waived under section 107.
(2) Required information.--
(A) In general.--A coordinated project schedule
shall include the following information:
(i) A list of, and roles and
responsibilities for, all participating
agencies with review, permitting, or other
authorization responsibility for services or
activities under the Plan.
(ii) A discussion of potential avoidance,
minimization, and mitigation strategies, if
known and required by applicable Federal law.
(iii) A plan and schedule for public and
Tribal outreach and coordination, to the extent
required by applicable Federal law.
(iv) If applicable, an environmental review
timetable, as described in subsection (d).
(B) Updates.--The information described in
subparagraph (A) shall be updated by the Secretary not
less frequently than once per quarter.
(d) Environmental Review Timetable.--
(1) Establishment.--As part of a coordinated project
schedule, the Secretary, in consultation with the applicable
Indian Tribe, each participating agency, and, if appropriate,
any State in which the relevant services or activities in the
Plan are located, shall establish an environmental review
timetable that includes intermediate and final completion dates
for all required environmental reviews necessary for each
permit or other authorization required by a participating
agency to support completion of the services or activities in
the Plan that have not otherwise been waived under section 107,
including any review required pursuant to NEPA.
(2) Term.--To the maximum extent practicable, and
consistent with applicable Federal law, an environmental review
timetable established under paragraph (1) shall not exceed an
overall term of 1 year after a Plan is approved.
(3) Determinations.--If a participating agency is required
to issue a determination with respect to an environmental
review, permit, or other authorization as part of the
coordinated project schedule described in paragraph (1), the
participating agency shall issue the determination not later
than 90 days after all the required information for the
environmental review, permit, or other authorization is in
possession of the participating agency.
(4) Delay.--If the Secretary determines that an
environmental review, permit, or other authorization will not
be completed or issued in accordance with this subsection, the
Secretary shall--
(A) notify the participating agency responsible for
completing the environmental review or issuing the
permit or other authorization of the discrepancy; and
(B) request that the participating agency take such
measures as the Secretary, in consultation with the
participating agency, determines appropriate to comply
with that environmental review timetable.
(e) Coordination of Required Reviews and Authorizations.--
(1) Concurrent reviews.--To efficiently integrate the
exercise of review, permitting, and other authorization
responsibilities, each participating agency shall, to the
maximum extent practicable--
(A) carry out the responsibilities of the
participating agency with respect to a Plan
concurrently, and in conjunction with, the
responsibilities of other participating agencies,
including reviews required under NEPA and section
306108 of title 54, United States Code (commonly known
as the ``National Historic Preservation Act''), unless
the participating agency determines that doing so would
impair the ability of the participating agency to carry
out the other statutory obligations of the
participating agency;
(B) formulate and implement administrative, policy,
and procedural mechanisms to enable the participating
agency to ensure completion of the process for reviews
and issuance of permits and other authorizations in a
timely, coordinated, and responsible manner; and
(C) where an environmental impact statement is
required for services or activities in a Plan pursuant
to section 102(2)(C) of NEPA (42 U.S.C. 4332(2)(C)),
prepare a single, interagency environmental impact
statement for the services or activities unless the
Secretary provides justification in the coordinated
project schedule that multiple environmental impact
statements are more efficient.
(2) Adoption, incorporation by reference, and use of
documents.--
(A) In general.--On the request of an Indian Tribe,
the Secretary shall consider and, as appropriate, adopt
or incorporate by reference, the analysis and
documentation prepared for a Plan under the laws and
procedures of the Indian Tribe as the documentation, or
part of the documentation, required to complete a
review or issue a permit or other authorization for the
Plan.
(B) NEPA compliance.--A document adopted under
subparagraph (A) or a document that includes
documentation incorporated under that subparagraph may
serve as the documentation required for an
environmental review or a supplemental environmental
review required to be prepared by a lead agency
pursuant to NEPA.
(3) Presumption of negative impacts of taking no action.--
For all environmental reviews required pursuant to NEPA that
require consideration of a no action alternative, there shall
be a presumption that, given the ongoing threats addressed by
this Act, the effects of taking no action will be negative for
the Indian Tribe.
(f) Petition to Court.--
(1) Right to petition.--An Indian Tribe may obtain a review
of an alleged failure by a participating agency to act in
accordance with an applicable deadline described in a
coordinated project schedule by filing a written petition with
a court of competent jurisdiction seeking an order under
paragraph (2).
(2) Court order.--If a court of competent jurisdiction
finds that a participating agency has failed to act in
accordance with an applicable deadline described in paragraph
(1), the court shall set a schedule and deadline for the
participating agency to act as soon as practicable, which shall
not exceed 90 days from the date on which the order of the
court is issued, unless the court determines a longer time is
necessary to comply with applicable law.
SEC. 203. EXPEDITED FEE-TO-TRUST PROCESS FOR PLAN IMPLEMENTATION.
(a) Mandatory Trust Acquisitions.--On request of an Indian Tribe,
the Secretary shall take land into trust for the benefit of the Indian
Tribe if the Indian Tribe--
(1) acquired the land using funds distributed in accordance
with a Plan; or
(2) after the Indian Tribe acquires the land, the Secretary
determines the Indian Tribe faces imminent environmental risk
if not able to immediately relocate.
(b) Discretionary Trust Acquisitions.--On request of an Indian
Tribe, the Secretary may take into trust for the benefit of the Indian
Tribe any land owned by the Indian Tribe and intended for use pursuant
to a Plan, regardless of when the land was acquired, in accordance with
this section and the procedures described in part 151 of title 25, Code
of Federal Regulations (or successor regulations), except that--
(1)(A) the Indian Tribe shall not be subject to the
documentation requirements described in that part; but
(B) the Indian Tribe shall be required to consult with the
Secretary to ensure the necessary information for the trust
acquisition request is included in the Plan (or in subsequent
materials); and
(2) the Secretary shall--
(A) evaluate the trust acquisition request using
the procedures for an on-reservation acquisition
pursuant to 25 CFR 151.9(c) or an initial Indian
acquisition pursuant to 25 CFR 151.12(c) (as in effect
on the date of the enactment of this Act), as
applicable, regardless of the actual location of the
land;
(B) evaluate the request using the environmental
review process described in section 202, as applicable;
and
(C) act on the request of an Indian Tribe in
accordance with the timeframe for approving or denying
a Plan under section 108.
SEC. 204. STREAMLINED FUNDING FRAMEWORK IMPLEMENTATION.
(a) In General.--The Secretary, in consultation with the applicable
Indian Tribe, shall lead all affected agencies with funding integrated
into a Plan in developing and implementing the streamlined funding
frameworks described in this section.
(b) Streamlined Funding Framework.--
(1) In general.--In consultation with the applicable Indian
Tribe, the Secretary shall develop a streamlined funding
framework for each Plan that details how funding sources will
be coordinated for the Federal programs integrated into a Plan,
consistent with the requirements of this Act.
(2) Required information.--
(A) In general.--Each streamlined funding framework
developed under paragraph (1) shall include the
following information:
(i) A list of, and roles and
responsibilities for, all affected agencies
with Federal programs integrated into a Plan.
(ii) A funding timetable establishing a
comprehensive schedule of dates by which--
(I) all funds are expected to be
apportioned to the affected agencies;
and
(II) those funds shall be
transferred to the Secretary and
disbursed to the Indian Tribe, in
accordance with the requirements of
section 205.
(B) Updates.--The information described in
subparagraph (A) shall be updated by the Secretary not
less frequently than once per quarter.
(3) Affected agencies.--To efficiently and effectively
integrate funding from Federal programs according to a Plan,
each affected agency shall, to the maximum extent practicable--
(A) formulate and implement administrative, policy,
and procedural mechanisms to enable the affected agency
to coordinate funding with the funding sources of other
affected agencies; and
(B) carry out the obligations of the affected
agency with respect to a Plan under any other
applicable Federal law concurrently, and in conjunction
with, other affected agencies, unless the affected
agency determines that doing so would impair the
ability of the affected agency to carry out other
statutory obligations of the affected agency.
SEC. 205. TRANSFER AND DISTRIBUTION OF FUNDS.
(a) Responsibility.--The Secretary shall be responsible for--
(1) the receipt of all funds covered by a Plan approved by
the Secretary under section 108; and
(2) the distribution of those funds to the applicable
Indian Tribe by not later than 45 days after the date on which
the Secretary receives those funds from the affected agency.
(b) Set-Asides.--Notwithstanding any other provision of law--
(1) an affected agency may establish and implement, for the
purposes of carrying out this Act, a set-aside of funding for
Indian Tribes from any Federal program the affected agency
administers; and
(2) the amount for a set-aside described in paragraph (1)
shall be not less than 10 percent of the total appropriations
made available for the applicable Federal program.
(c) Transfer of Funds.--Notwithstanding any other provision of law,
not later than 30 days after the date on which funds are apportioned to
an affected agency to carry out a Federal program integrated into a
Plan, the head of the affected agency that administers the Federal
program integrated into the Plan shall transfer those funds, through a
nonexpenditure transfer, to the Secretary for distribution to an Indian
Tribe.
(d) Distribution of Funds.--Notwithstanding any other provision of
law, at the request of an Indian Tribe, all funds distributed to the
Indian Tribe in accordance with a Plan shall be distributed to the
Indian Tribe pursuant to an existing contract, compact, or funding
agreement entered into under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5301 et seq.).
(e) Emergency Distribution of Funds.--Notwithstanding any other
provision of law, the Secretary may, at the request of an Indian Tribe,
distribute limited funding on an interim basis before the date on which
the Secretary approves a Plan under section 108.
SEC. 206. ADMINISTRATION OF FUNDS.
(a) Requirements.--
(1) In general.--
(A) Consolidation and reallocation of funds.--
Notwithstanding any other provision of law, all funds
transferred to an Indian Tribe pursuant to a Plan may
be consolidated, reallocated, and rebudgeted for any
purpose in the Plan, without additional Federal
approval or a waiver under section 107, to best meet
the needs of the applicable Indian Tribe.
(B) Authorized use of funds.--Funds used to carry
out a Plan shall be administered in such a manner as
the Secretary determines to be appropriate to ensure
the funds are spent on services and activities carrying
out the purposes authorized under the Plan.
(C) Effect.--Nothing in this section interferes
with the ability of the Secretary to use accounting
procedures that conform to generally accepted
accounting principles, auditing procedures, and
safeguarding of funds that conform to chapter 75 of
title 31, United States Code (commonly known as the
``Single Audit Act of 1984'').
(2) Separate records and audits not required.--
Notwithstanding any other provision of law (including
regulations and circulars of any agency (including Office of
Management and Budget Circular A-133)), an Indian Tribe that
has in place a Plan approved under section 108 shall not be
required--
(A) to maintain separate records that trace any
service or activity conducted under the Plan to the
Federal program for which the funds were initially
authorized or transferred;
(B) to allocate expenditures among those Federal
programs;
(C) to audit expenditures by the original source of
the Federal program; or
(D) to report on or in accordance with any
requirements associated with the underlying Federal
program, where instead only 1 annual report on the Plan
is required pursuant to the model report developed by
the Secretary under section 201(b)(1).
(b) Carryover.--
(1) In general.--Any funds transferred to an Indian Tribe
under section 205(c) that are not obligated or expended prior
to the beginning of the fiscal year after the fiscal year for
which the funds were appropriated shall remain available for
obligation or expenditure, without fiscal year limitation,
subject to the condition that the funds shall be obligated or
expended in accordance with the Plan of the Indian Tribe.
(2) No additional documentation.--An Indian Tribe shall not
be required to provide any additional justification or
documentation of the purposes of a Plan as a condition of
receiving or expending carryover funds described in paragraph
(1).
(c) Indirect Costs.--Notwithstanding any other provision of law, an
Indian Tribe shall be entitled to recover 100 percent of any indirect
costs incurred by the Indian Tribe as a result of the transfer of funds
to the Indian Tribe under section 205(c).
(d) Matching Funds.--Notwithstanding any other provision of law,
any funds transferred to an Indian Tribe under section 205(c) shall be
treated as non-Federal funds for purposes of meeting matching
requirements under any other Federal law.
(e) Interest or Other Income.--An Indian Tribe shall be entitled to
retain interest earned on any funds transferred to the Indian Tribe
under section 205(c) and that interest shall not diminish the amount of
funds the Indian Tribe is authorized to receive under the Plan in the
year the interest is earned (or in any subsequent fiscal year).
SEC. 207. NO REDUCTION IN AMOUNTS.
(a) In General.--In no case shall the amount of Federal funds
available to an Indian Tribe that seeks to propose a Plan under section
106 be reduced as a result of--
(1) the enactment of this Act; or
(2) the approval or implementation of a Plan of the Indian
Tribe.
(b) Interaction With Other Laws.--The integration of a Federal
program into a Plan shall not--
(1) modify, limit, or otherwise affect the eligibility of
the Federal program for contracting under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5301 et
seq.); or
(2) eliminate the applicability of any provision of that
Act, as the provision relates to a specific Federal program
eligible for contracting under that Act.
SEC. 208. INTERDEPARTMENTAL MEMORANDUM OF AGREEMENT.
(a) Memorandum of Agreement Required.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Office of the Assistant Secretary
for Indian Affairs shall lead the Federal partners in
negotiating and entering into an interdepartmental memorandum
of agreement providing for the implementation of this Act.
(2) Tribal consultation.--In negotiating and entering to an
interdepartmental memorandum of agreement under paragraph (1),
the Department and the Federal partners shall consult with
representatives of Indian Tribes.
(b) Requirements and Restrictions.--The interdepartmental
memorandum of agreement required under subsection (a)(1)--
(1) shall include provisions relating to--
(A) interagency cooperation with respect to the
procedures for approval of Plans by the Secretary under
section 108 and the granting of waivers by affected
agencies under section 107;
(B) establishing a Tribal working group to advise
the Federal partners on overall program management and
implementation; and
(C) ensuring an annual meeting between the Federal
partners and the Tribal working group described in
subparagraph (B); and
(2) shall not--
(A) introduce additional criteria for Federal
program eligibility;
(B) limit the role of the Department as the lead
Federal agency responsible for implementation of this
Act; or
(C) restrict the role of the Secretary and
exclusive decisionmaking authority for all Federal
actions under this Act, including the sole and
exclusive authority to determine whether a Federal
program is eligible for integration into a Plan.
(c) Applicability.--Chapter 10 of title 5, United States Code
(commonly known as the ``Federal Advisory Committee Act''), shall not
apply to the Tribal working group described in subsection (b)(1)(B) or
any Federal agency coordinating with that Tribal working group.
(d) Detail of Federal Employees.--An employee of the Federal
Government may be detailed to the Department for the purposes of
carrying out this Act without reimbursement and without interruption or
loss of civil service status or privilege.
SEC. 209. REPORT REQUIRED.
Not later than 2 years after the date of enactment of this Act, the
Secretary, in consultation with affected agencies and representatives
of Indian Tribes, shall submit to the Committee on Indian Affairs of
the Senate and the Committee on Natural Resources of the House of
Representatives a report on the status of the implementation of this
Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
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