119-hr3654

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3654 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3654

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

 May 29, 2025

Ms. Randall (for herself, Ms. Perez, Mr. Simpson, Ms. Davids of Kansas, 
 Mr. Huffman, Mr. Mullin, Mr. Fitzpatrick, Ms. Strickland, and Mr. 
 Moolenaar) 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 Emergency 
Response 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 but not limited 
to flooding, erosion, sea level rise, permafrost degradation, ocean 
acidification, extended drought, extreme temperatures, tsunamis, storm 
surges, 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.

 For the purposes of 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) Community-driven relocation.--The term ``community-
 driven relocation'' means any voluntary, Tribally led climate 
 adaptation strategy that may involve moving all or part of a 
 Tribal community from an area prone to environmental hazards to 
 a safer area, such as plans and projects for protect-in-place, 
 managed retreat, and full-scale relocation efforts, which may 
 include, but are not limited to, demolition and construction of 
 new housing, utilities, and infrastructure.

    (3) Coordinated project schedule.--The term ``coordinated 
 project schedule'' means the coordinated project schedule 
 required under 

section 202
            (c) (1) .

    (4) Department.--The term ``Department'' means the 
 Department of the Interior.

    (5) Federal agency.--The term ``Federal agency'' has the 
 meaning given the term ``agency'' in 

section 551 of title 5, 
 United States Code.

    (6) Federal partner.--The term ``Federal partner'' means 
 each of--
        (A) the Department;
        (B) the Department of Agriculture;
            (C) the Department of Commerce;
            (D) the Department of Defense;
        (E) the Department of Energy;
        (F) the Department of Health and Human Services;
        (G) the Department of Homeland Security;
        (H) the Department of Housing and Urban 
 Development;
            (I) the Department of Justice;
        (J) the Department of Transportation;
        (K) the Department of the Treasury;
            (L) the Environmental Protection Agency;
            (M) the Federal Communications Commission;
        (N) the Federal Energy Regulatory Commission;
        (O) the Advisory Council on Historic Preservation; 
 and
        (P) any other Federal agency that operates a 
 program that is proposed by an Indian Tribe and 
 determined eligible by the Secretary for integration 
 into a Plan under this Act.

    (7) 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.

    (8) 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).

    (9) NEPA.--The term ``NEPA'' means the National 
 Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

    (10) 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 
 but not limited to 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.

    (11) Plan.--The term ``Plan'' means a Plan authorized under 
 this Act.

    (12) Secretary.--The term ``Secretary'' means the Secretary 
 of the Interior.

    (13) Traditional ecological knowledge.--The term 
 ``Traditional Ecological Knowledge'' means a body of 
 observations, oral and written knowledge, innovations, 
 practices, and beliefs developed by Indian Tribes through long-
 term interaction and experience with the environment passed 
 from generation to generation, that continues to evolve and may 
 only be obtained with an Indian Tribe's free, prior, and 
 informed consent.

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 but not limited to 
 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, to--

    (1) integrate funding from eligible Federal programs 
 (referred to in this section as the ``integrated Federal 
 programs''), including but not limited to implementing any 
 waivers of statutory, regulatory, and administrative 
 requirements, regulations, policies, and procedures granted 
 under 

section 107;

    (2) 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) reallocate, reprogram, consolidate, or rebudget 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, reallocate, reprogram, consolidate, or 
 rebudget some or all of the funds from the integrated Federal 
 programs to costs associated with community-driven relocation; 
 and

    (5) 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.

 For a Federal program to be eligible for integration into a Plan, 
the following criteria must be met with respect to the purpose and 
nature of funding:

    (1) === Purpose ===
-An Indian Tribe plans to implement the 
 Federal program for a purpose that helps to address 
 environmental resiliency, which may include, but is not limited 
 to, advancing such purpose through--
        (A) climate resilience, mitigation, or community-
 driven relocation;
        (B) disaster relief, preparedness, or prevention;
            (C) environmental remediation;
            (D) housing;
        (E) infrastructure maintenance or development;
        (F) economic development;
        (G) land management (including but not limited to 
 purchasing, leasing, and fee-to-trust);
        (H) capacity building;
            (I) real estate services;
        (J) natural resources management or development;
        (K) energy or utility services;
            (L) public health or welfare; and
            (M) any purpose relating to, or otherwise 
 supporting or facilitating, a purpose described in 
 subparagraphs
        (A) through
            (L) .

    (2) Nature of funding.--The funding of the Federal program 
 is provided to an Indian Tribe based on at least one of the 
 following:
        (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.
            (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 (including 
but not limited to reallocating, reprogramming, consolidating, or 
rebudgeting the funds) 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, other 
 Tribal lands, or ways of life of the Indian Tribe; and
        (B) if applicable, a strategy for community-driven 
 relocation to be addressed by the Plan, that 
 identifies--
            (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 but not limited to 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 but not limited to 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.--Traditional Ecological Knowledge, including 
but not limited to information relating to natural, cultural, and 
historical resources, submitted in a Plan shall be--

    (1) kept confidential; and

    (2) exempt from the disclosure requirements under--
        (A) section 552

    (b)

    (3) of title 5, United States 
 Code (commonly known as the ``Freedom of Information 
 Act'');
        (B) chapter 10 of part I of title 5, United States 
 Code (commonly known as the ``Federal Advisory 
 Committee Act'');
            (C) the Open, Public, Electronic, and Necessary 
 Government Data Act (title II of Public Law 115-435);
            (D) NEPA; and
        (E) similar disclosure statutes and requirements, 
 as applicable.

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 but not limited to--

    (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) identify any issues or missing information that may 
 prevent the approval of the draft proposed Plan; and

    (2) provide followup technical assistance to resolve any 
 issues identified in paragraph

    (1) , 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 but not limited to--
        (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) Letter of Intent.--An Indian Tribe shall notify the Secretary, 
in writing, of the intent of the Indian Tribe to prepare a proposed 
Plan.

    (b) Plan 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.

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 but not limited to--
        (A) matching requirements;
        (B) competition procedures and other competitive 
 funding requirements;
            (C) formula funding limitations;
            (D) repayment obligations;
        (E) requirements to partner with a State or local 
 government or agency, or community organization;
        (F) deadlines; and
        (G) 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 request of an Indian Tribe that 
 submitted a waiver request under subsection

    (a) , the 
 Secretary shall 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 a civil 
 action in accordance with 

section 108

    (f) .

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 individual Federal programs into the 
 Plan.

    (b) Presumption of Approval.--Because Plans promote the policy of 
self-determination, the Secretary shall review Plans with the 
presumption of approval.
            (c) Approval or Denial Process.--

    (1) In general.--Except as provided in subsection
            (d) , 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--
        (A) 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; and
        (B) clearly states any objections contributing to 
 the denial.

    (4) Partial approval.--If the Secretary determines a Plan 
 cannot be approved in its entirety, the Secretary shall 
 approve, with the consent of the applicable Indian Tribe, 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 paragraph

    (5) .

    (5) Denial pending waiver approval.--
        (A) Partial approval.--If a Plan is denied under 
 paragraph

    (3) solely on the basis that a waiver request 
 that is part of the Plan has not been approved or is 
 subject to dispute resolution under 

section 107, on 
 request of the applicable Indian Tribe, the Secretary 
 shall grant partial approval for those portions of the 
 Plan not affected by the waiver request.
        (B) Approval after resolution.--With respect to a 
 Plan described in subparagraph
        (A) , upon approval or 
 resolution of the waiver request under 

section 107 and 
 on request of the applicable Indian Tribe, the 
 Secretary shall approve the Plan or amended Plan not 
 later than 45 days after the date on which the 
 Secretary receives the request.

    (6) 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.
            (d) Extension of Time.--

    (1) In general.--Subject to paragraph

    (2) , the Secretary 
 may extend or otherwise alter the 90-day period described in 
 subsection
            (c) (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.

    (e) Review of Denial.--In addition to the requirements of 
subsection
            (c) (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 overcome any stated objections 
 and ensure the proposed Plan meets the requirements of this 
 Act, to the maximum extent possible; and

    (2) notwithstanding the right to bring a civil action under 
 subsection

    (f) , on request of the Indian Tribe, provide the 
 Indian Tribe with a hearing on the record with the right to 
 engage in full discovery relevant to any issue raised in the 
 matter and the opportunity for appeal on the objections raised 
 by the Secretary under subsection
            (c) (3) , under such rules and 
 regulations as the Secretary may issue.

    (f) 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;
        (B) the head of an affected agency whose 
 recommendation contributed to a Plan denial under this 
 section;
            (C) the head of an affected agency for a waiver 
 denial under 

section 107; and
            (D) the Secretary or head of an affected agency or 
 participating agency for failure to comply with any 
 applicable obligations or responsibilities under this 
 Act.

    (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

    (e)

    (2) , engaged in 
 the dispute resolution process for a waiver denial under 
 

section 107
            (c) (3) , or sought other available administrative 
 remedies.

    (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.

    (4) Attorney fees.--If an Indian Tribe substantially 
 prevails in a civil action brought by the Indian Tribe under 
 this subsection or secures a court order under 

section 202

    (f) , 
 a district court of the United States may award attorneys' 
 fees, expert witness fees, and other costs of participating in 
 such action, as the court deems reasonable.

    (g) Final Agency Action.--Notwithstanding any other provision of 
law, a decision by an official of the Department that constitutes final 
agency action and that relates to an appeal within the Department that 
is conducted under this section shall be made by an official who holds 
a position at a higher organizational level within the Department than 
the level of the departmental agency at which the decision that is the 
subject of the appeal was made.

 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 affected agencies and 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 but not limited to, 
 with respect to 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 to--
        (A) determine whether the Indian Tribe has complied 
 with the requirements of the Plan of the Indian Tribe; 
 and
        (B) 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 but not limited to 
 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.--On 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) 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, in consultation 
 with the applicable Indian Tribe and 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, but is not limited to, the following 
 information collected by the Secretary:
            (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 every 6 months.
            (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 but is not limited to 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 but not limited to 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 and 
 the applicable environmental review timetable, 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 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 district court of the United States or other court of 
 competent jurisdiction seeking an order under paragraph

    (2) .

    (2) Court order.--If a district court of the United States 
 or other 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 use that land for community-driven relocation.

    (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 (as in effect on the date of the enactment of 
this Act), except that--

    (1) the Indian Tribe shall--
        (A) not be subject to the documentation 
 requirements described in that part; but
        (B) ensure, in consultation with the Secretary, 
 that sufficient information for the trust acquisition 
 request is included in the Plan (or in subsequent 
 materials); and

    (2) the Secretary shall--
        (A) regardless of the actual location of the land, 
 evaluate the trust acquisition request using the 
 procedures for evaluating--
            (i) an on-reservation acquisition pursuant 
 to 

section 151.9
            (c) of title 25, Code of 
 Federal Regulations (as in effect on the date 
 of the enactment of this Act); or
            (ii) as applicable, an initial Indian 
 acquisition pursuant to 

section 151.12
            (c) of 
 title 25, Code of Federal Regulations (as in 
 effect on the date of the enactment of this 
 Act);
        (B) as applicable, evaluate the request using the 
 environmental review process described in 

section 202; 
 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 function as the lead Federal agency 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 for 
 the Federal programs integrated into the Plan will be 
 transferred in an efficient manner to the Department for 
 distribution to the Indian Tribe, consistent with the 
 requirements of this Act.

    (2) Required information.--
        (A) In general.--Each streamlined funding framework 
 developed under paragraph

    (1) shall include, but is not 
 limited to, 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 year.

    (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) prioritize the ease of use of Plan funds by 
 Indian Tribes;
        (B) 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
            (C) 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; 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, on 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, on 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, an Indian 
 Tribe may reallocate, reprogram, consolidate, or 
 rebudget any funds transferred to the Indian Tribe 
 pursuant to a Plan to further any purpose covered by 
 the Plan and to best meet the needs of the Indian 
 Tribe, without the need for additional Federal approval 
 or a waiver under 

section 107.
        (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 but not 
 limited to regulations and circulars of any agency (including 
 but not limited to 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 to--
        (A) 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) allocate expenditures among those Federal 
 programs;
            (C) audit expenditures by the original source of 
 the Federal program; or
            (D) 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 the--

    (1) enactment of this Act; or

    (2) 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, but is not limited to, 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) ; but

    (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 the sole 
 and exclusive decisionmaking authority of the Secretary 
 for all Federal actions under this Act, unless 
 otherwise provided in this Act, including but not 
 limited to 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.
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