[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2052 Introduced in Senate (IS)]

  2d Session
                                S. 2052

 To establish a demonstration project to authorize the integration and 
 coordination of Federal funding dedicated to community, business, and 
        the economic development of Native American communities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 10, 2000

  Mr. Campbell introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To establish a demonstration project to authorize the integration and 
 coordination of Federal funding dedicated to community, business, and 
        the economic development of Native American communities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TITLE.

    The Act may be cited as the ``Indian Tribal Development 
Consolidated Funding Act of 2000''.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) A unique legal and political relationship exists 
        between the United States and Indian tribes that is reflected 
        in article I, clause 3 of the Constitution of the United 
        States, various treaties, Federal statutes, Supreme Court 
        decisions, executive agreements, and course of dealing.
            (2) Despite the infusion of substantial Federal dollars 
        into Native American communities over several decades, the 
        majority of Native Americans remain mired in poverty, 
        unemployment, and despair.
            (3) The efforts of the United States to foster community, 
        economic, and business development in Native American 
        communities have been hampered by fragmentation of authority, 
        responsibility and performance and by lack of timeliness and 
        coordination in resources and decision-making.
            (4) The effectiveness of Federal and tribal efforts to 
        generate employment opportunities and bring value-added 
        activities and economic growth to Native American communities 
        depends on cooperative arrangements among the various Federal 
        agencies and Indian tribes.
    (b) Purposes.--It is the purpose of this Act to--
            (1) enable Indian tribes and tribal organizations to use 
        available Federal assistance more effectively and efficiently;
            (2) adapt and target such assistance more readily to 
        particular needs through wider use of projects that are 
        supported by more than 1 executive agency, assistance program, 
        or appropriation of the Federal Government;
            (3) encourage Federal-tribal arrangements under which 
        Indian tribes and tribal organizations may more effectively and 
        efficiently combine Federal and tribal resources to support 
        economic development projects;
            (4) promote the coordination of Native American economic 
        programs to maximize the benefits of these programs to 
        encourage a more consolidated, national policy for economic 
        development; and
            (5) establish a demonstration project to aid Indian tribes 
        in obtaining Federal resources and in more efficiently 
        administering these resources for the furtherance of tribal 
        self-governance and self-determination.

SEC. 3. DEFINITIONS.

    In this title:
            (1) Applicant.--The term ``applicant'' means an Indian 
        tribe or tribal organization applying for assistance for a 
        community, economic, or business development project, including 
        facilities to improve the environment, housing, roads, 
        community facilities, business and industrial facilities, 
        transportation, roads and highway, and community facilities.
            (2) Assistance.--The term ``assistance'' means the transfer 
        of anything of value for a public purpose or support or 
        stimulation that is--
                    (A) authorized by a law of the United States; and
                    (B) provided by the Federal Government through 
                grant or contractual arrangements, including technical 
                assistance programs providing assistance by loan, loan 
                guarantee, or insurance.
            (3) Assistance program.--The term ``assistance program'' 
        means any program of the Federal Government that provides 
        assistance for which Indian tribes or tribal organizations are 
        eligible.
            (4) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given such term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            (5) Project.--The term ``project'' means an undertaking 
        that includes components that contribute materially to carrying 
        out 1 purpose or closely-related purposes that are proposed or 
        approved for assistance under more than 1 Federal Government 
        program.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Tribal organization.--The term ``tribal organization'' 
        has the meaning given such term in section 4(l) of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        450b(l)).

SEC. 4. LEAD AGENCY.

    The lead agency for purposes of carrying out this Act shall be the 
Department of the Interior.

SEC. 5. SELECTION OF PARTICIPATING TRIBES.

    (a) Participants.--
            (1) In general.--The Secretary may select not to exceed 24 
        Indian tribes in each fiscal year from the applicant pool 
        described in subsection (b) to participate in the projects 
        carried out under this Act.
            (2) Consortia.--Two or more Indian tribes that are 
        otherwise eligible to participate in a program or activity to 
        which this Act applies may form a consortium to participate as 
a single Indian tribe under paragraph (1).
    (b) Applicant Pool.--The applicant pool described in this 
subsection shall consist of each Indian tribe that--
            (1) successfully completes the planning phase described in 
        subsection (c);
            (2) has requested participation in a project under this Act 
        through a resolution or other official action of the tribal 
        governing body; and
            (3) has demonstrated, for the 3 fiscal years immediately 
        preceding the fiscal year for which the requested participation 
        is being made, financial stability and financial management 
        capability as demonstrated by the Indian tribe having no 
        material audit exceptions in the required annual audit of the 
        self-determination contracts of the tribe.
    (c) Planning Phase.--Each Indian tribe seeking to participate in a 
project under this Act shall complete a planning phase that shall 
include legal and budgetary research and internal tribal government and 
organizational preparation. The tribe shall be eligible for a grant 
under this section to plan and negotiate participation in a project 
under this Act.

SEC. 6. AUTHORITY OF HEADS OF EXECUTIVE AGENCIES.

    (a) In General.--The President, acting through the heads of the 
appropriate executive agencies, shall promulgate regulations necessary 
to carry out this Act and to ensure that this Act is applied and 
implemented by all executive agencies.
    (b) Scope of Coverage.--The executive agencies that are included 
within the scope of this Act shall include--
            (1) the Department of Agriculture;
            (2) the Department of Commerce;
            (3) the Department of Defense;
            (4) the Department of Education;
            (5) the Department of Health and Human Services;
            (6) the Department of Housing and Urban Development;
            (7) the Department of the Interior;
            (8) the Department of Labor; and
            (9) the Environmental Protection Agency.
    (c) Activities.--Notwithstanding any other provision of law, the 
head of each executive agency, acting alone or jointly through an 
agreement with another executive agency, may--
            (1) identify related Federal programs that are likely to be 
        particularly suitable in providing for the joint financing of 
        specific kinds of projects;
            (2) assist in planning and developing projects to be 
        financed through different Federal programs;
            (3) with respect to Federal programs or projects that are 
        identified or developed under paragraphs (1) or (2), develop 
        and prescribe--
                    (A) guidelines;
                    (B) model or illustrative projects;
                    (C) joint or common application forms; and
                    (D) other materials or guidance;
            (4) review administrative program requirements to identify 
        those requirements that may impede the joint financing of 
        projects and modify such requirement when appropriate;
            (5) establish common technical and administrative 
        regulations for related Federal programs to assist in providing 
        joint financing to support a specific project or class of 
        projects; and
            (6) establish joint or common application processing and 
        project supervision procedures, including procedures for 
        designating--
                    (A) a lead agency responsible for processing 
                applications; and
                    (B) a managing agency responsible for project 
                supervision.
    (d) Requirements.--In carrying out this Act, the head of each 
executive agency shall--
            (1) take all appropriate actions to carry out this Act when 
        administering a Federal assistance program; and
            (2) consult and cooperate with the heads of other executive 
        agencies to carry out this Act in assisting in the 
        administration of Federal assistance programs of other 
        executive agencies that may be used to jointly finance projects 
        undertaken by Indian tribes or tribal organizations.

SEC. 7. PROCEDURES FOR PROCESSING REQUESTS FOR JOINT FINANCING.

    In processing an application or request for assistance for a 
project to be financed in accordance with this Act by at least 2 
assistance programs, the head of an executive agency shall take all 
appropriate actions to ensure that--
            (1) required reviews and approvals are handled 
        expeditiously;
            (2) complete account is taken of special considerations of 
        timing that are made known to the head of the agency involved 
        by the applicant that would affect the feasibility of a jointly 
        financed project;
            (3) an applicant is required to deal with a minimum number 
        of representatives of the Federal Government;
            (4) an applicant is promptly informed of a decision or 
        special problem that could affect the feasibility of providing 
        joint assistance under the application; and
            (5) an applicant is not required to get information or 
        assurances from 1 executive agency for a requesting executive 
        agency when the requesting agency makes the information or 
        assurances directly.

SEC. 8. UNIFORM ADMINISTRATIVE PROCEDURES.

    (a) In General.--To make participation in a project simpler than 
would otherwise be possible because of the application of varying or 
conflicting technical or administrative regulations or procedures that 
are not specifically required by the statute that authorizes the 
Federal program under which such project is funded, the head of an 
executive agency may promulgate uniform regulations concerning 
inconsistent or conflicting requirements with respect to--
            (1) the financial administration of the project including 
        accounting, reporting and auditing, and maintaining a separate 
bank account, to the extent consistent with this Act;
            (2) the timing of payments by the Federal Government for 
        the project when 1 payment schedule or a combined payment 
        schedule is to be established for the project;
            (3) the provision of assistance by grant rather than 
        procurement contract; and
            (4) the accountability for, or the disposition of, records, 
        property, or structures acquired or constructed with assistance 
        from the Federal Government under the project.
    (b) Review.--In making the processing of applications for 
assistance under a project simpler under this Act, the head of an 
executive agency may provide for review of proposals for a project by a 
single panel, board, or committee where reviews by separate panels, 
boards, or committees are not specifically required by the statute that 
authorizes the Federal program under which such project is funded.

SEC. 9. DELEGATION OF SUPERVISION OF ASSISTANCE.

    Pursuant to regulations established to implement this Act, the head 
of an executive agency may delegate or otherwise enter into an 
arrangement to have another executive agency carry out or supervise a 
project or class or projects jointly financed in accordance with this 
Act. Such a delegation--
            (1) shall be made under conditions ensuring that the duties 
        and powers delegated are exercised consistent with Federal law; 
        and
            (2) may not be made in a manner that relieves the head of 
        an executive agency of responsibility for the proper and 
        efficient management of a project for which the agency provides 
        assistance.

SEC. 10. JOINT ASSISTANCE FUNDS AND PROJECT FACILITATION.

    (a) Joint Assistance Fund.--In providing support for a project in 
accordance with this Act, the head of an executive agency may provide 
for the establishment by the applicant of a joint assistance fund to 
ensure that amounts received from more than 1 Federal assistance 
program or appropriation are more effectively administered.
    (b) Agreement.--A joint assistance fund may only be established 
under subsection (a) in accordance with an agreement by the executive 
agencies involved concerning the responsibilities of each such agency. 
Such an agreement shall--
            (1) ensure the availability of necessary information to the 
        executive agencies and Congress;
            (2) provide that the agency administering the fund is 
        responsible and accountable by program and appropriation for 
        the amounts provided for the purposes of each account in the 
        fund; and
            (3) include procedures for returning an excess amount in 
        the fund to participating executive agencies under the 
        applicable appropriation (an excess amount of an expired 
        appropriation lapses from the fund).

SEC. 11. FINANCIAL MANAGEMENT, ACCOUNTABILITY AND AUDITS.

    (a) Single Audit Act.--Recipients of funding provided in accordance 
with this Act shall be subject to the provisions of chapter 75 of title 
31, United States Code.
    (b) Records.--With respect to each project financed through an 
account in a joint management fund established under section 10, the 
recipient of amounts from the fund shall maintain records as required 
by the head of the executive agencies responsible for administering the 
fund. Such records shall include--
            (1) the amount and disposition by the recipient of 
        assistance received under each Federal assistance program and 
        appropriation;
            (2) the total cost of the project for which such assistance 
        was given or used;
            (3) that part of the cost of the project provided from 
        other sources; and
            (4) other records that will make it easier to conduct an 
        audit of the project.
    (c) Availability.--Records of a recipient related to an amount 
received from a joint management fund under this Act shall be made 
available to the head of the executive agency responsible for 
administering the fund and the Comptroller General for inspection and 
audit.

SEC. 12. TECHNICAL ASSISTANCE AND PERSONNEL TRAINING.

    Amounts available for technical assistance and personnel training 
under any Federal assistance program shall be available for technical 
assistance and training under a project approved for joint financing 
under this Act where a portion of such financing involves such Federal 
assistance program and another assistance program.

SEC. 13. JOINT FINANCING FOR FEDERAL-TRIBAL ASSISTED PROJECTS.

    Under regulations promulgated under this Act, the head of an 
executive agency may enter into an agreement with a State to extend the 
benefits of this Act to a project that involves assistance from at 
least 1 executive agency and at least 1 tribal agency or 
instrumentality. The agreement may include arrangements to process 
requests or administer assistance on a joint basis.

SEC. 14. REPORT TO CONGRESS.

    Not later than 1 year after the date of enactment of this Act, the 
President shall prepare and submit to Congress a report concerning the 
actions taken under this Act together with recommendations for the 
continuation of this Act or proposed amendments thereto. Such report 
shall include a detailed evaluation of the operation of this Act, 
including information on the benefits and costs of jointly financed 
projects that accrue to participating Indian tribes and tribal 
organizations.
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