118 HR 7859 IH: Tribal Environmental Resiliency Resources Act
U.S. House of Representatives
2024-04-02
text/xml
EN
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I
118th CONGRESS
2d Session
H. R. 7859
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.
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.
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.
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.
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.
I

Program Components; Plan Development and Approval
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.
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.
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.
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”).
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).
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.
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).
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.
II

Plan Implementation; Funding Administration; Interdepartmental Memorandum of Agreement; Report
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.
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.
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.
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.
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.
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).
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.
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.
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.