[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 343 Reported in Senate (RS)]

                                                       Calendar No. 741
107th CONGRESS
  2d Session
                                 S. 343

                          [Report No. 107-324]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 15, 2001

Mr. Campbell (for himself, Mr. Inouye, and Mr. Johnson) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

                            November 4, 2002

  Reported under authority of the order of the Senate of October 17, 
                 2002, by Mr. Inouye, without amendment

_______________________________________________________________________

                                 A BILL


 
 To establish a demonstration project to authorize the integration and 
 coordination of Federal funding dedicated to the community, business, 
        and 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 2001''.

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, section 8, clause 3 of the Constitution, 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.--The purpose of this Act are 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 those resources for the furtherance of tribal 
        self-governance and self-determination.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Applicant.--The term ``applicant'' means an Indian 
        tribe or tribal organization, or a consortium of Indian tribes 
        or tribal organizations, that submits an application under this 
        Act for assistance for a community, economic, or business 
        development project, including a project designed to improve 
        the environment, housing facilities, community facilities, 
        business or industrial facilities, or transportation, roads, or 
        highways with respect to the Indian tribe, tribal organization, 
        or consortium.
            (2) Assistance.--The term ``assistance'' means the transfer 
        of anything of value for a public purpose, support, or 
        stimulation that is--
                    (A) authorized by a law of the United States;
                    (B) provided by the Federal Government through 
                grant or contractual arrangements, including technical 
                assistance programs providing assistance by loan, loan 
                guarantee, or insurance; and
                    (C) authorized to include an Indian tribe or tribal 
                organization, or a consortium of Indian tribes or 
                tribal organizations, as eligible for receipt of funds 
                under a statutory or administrative formula for the 
                purposes of community, economic, or business 
                development.
            (3) Assistance program.--The term ``assistance program'' 
        means any program of the Federal Government that provides 
        assistance for which Indian tribes or tribal organizations are 
        eligible.
            (4) Indian tribe.--The term ``Indian tribe'' 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 a 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 from the 
        applicant pool described in subsection (b) Indian tribes or 
        tribal organizations, not to exceed 24 in each fiscal year, to 
        submit an application to carry out a project under this Act.
            (2) Consortia.--Two or more Indian tribes or tribal 
        organizations that are otherwise eligible to participate in a 
        program or activity to which this Act applies may form a 
        consortium to participate as an applicant under paragraph (1).
    (b) Applicant Pool.--The applicant pool described in this 
subsection shall consist of each Indian tribe or tribal organization 
that--
            (1) successfully completes the planning phase described in 
        subsection (c);
            (2) 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 or tribal 
        organization, or each member of a consortium of tribes or 
        tribal organizations, having no material audit exceptions in 
        the required annual audit of the self-determination contracts 
        of the tribe or tribal organization.
    (c) Planning Phase.--Each applicant 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 applicant shall be eligible for a grant 
under this section to plan and negotiate participation in a project 
under this Act.

SEC. 6. APPLICATION REQUIREMENTS, REVIEW, AND APPROVAL.

    (a) Requirements.--Each applicant seeking to participate in a 
project under this Act shall submit an application to the head of the 
Federal executive agency responsible for administering the primary 
Federal program to be affected by the project that--
            (1) identifies the programs to be integrated;
            (2) is consistent with the purposes set forth in section 
        2(b);
            (3) describes a comprehensive strategy that identifies the 
        way in which Federal funds are to be integrated and delivered 
        under the project and the results expected from the project;
            (4) identifies the projected expenditures under the project 
        in a single budget;
            (5) identifies the agency or agencies of the tribal 
        government that are to be involved in the implementation of the 
        project;
            (6) identifies any Federal statutory provisions, 
        regulations, policies, or procedures that the applicant 
        believes need to be waived in order to implement the project; 
        and
            (7) is approved by the governing body of the applicant, 
        including in the case of an applicant that is a consortium or 
        tribes or tribal organizations, the governing body of each 
        affected member tribe or tribal organization.
    (b) Review.--Upon receipt of an application that meets the 
requirements of subsection (a), the head of the Federal executive 
agency receiving the application shall--
            (1) consult with the head of each Federal executive agency 
        that is proposed to provide funds to implement the project and 
        with the applicant submitting the application; and
            (2) consult and coordinate with the Department of the 
        Interior as the lead agency under this Act for the purposes of 
        processing the application.
    (c) Approval.--
            (1) Waivers.--
                    (A) In general.--With respect to any Federal 
                statutory provisions, regulations, policies, or 
                procedures that the applicant believes need to be 
                waived in order to implement the project that are 
                identified in the application in accordance with 
                subsection (a)(6) or as a result of the consultation 
                required under subsection (b), the head of the Federal 
                executive agency responsible for administering such 
                provision, regulation, policy, or procedure shall, 
                subject to subparagraph (B), waive the requirement so 
                identified, notwithstanding any other provision of law.
                    (B) Limitation.--A statutory provision, regulation, 
                policy, or procedure identified for waiver under 
                subparagraph (A) may not be waived by the head of the 
                Federal executive agency responsible for administering 
                the provision, regulation, policy, or procedure if such 
                head determines that a waiver would be inconsistent 
                with--
                            (i) the purposes set forth in section 2(b); 
                        or
                            (ii) the provisions of the statute from 
                        which the program involved derives its 
                        authority that are specifically applicable to 
                        Indian programs.
            (2) Project.--Not later than 90 days after the receipt of 
        an application that meets the requirements of subsection (a), 
        the head of the Federal executive agency receiving the 
        application shall inform the applicant submitting the 
        application, in writing, of the approval or disapproval of the 
        application, including the approval or disapproval of a waiver 
        sought in accordance with paragraph (1). If an application or a 
        waiver is disapproved, the written notice shall identify the 
        reasons for the disapproval and the applicant submitting the 
        application shall be given an opportunity to amend the 
        application or to petition the head of the Federal executive 
        agency sending the notice to reconsider the disapproval of the 
        application or the waiver.

SEC. 7. AUTHORITY OF HEADS OF FEDERAL EXECUTIVE AGENCIES.

    (a) In General.--The President, acting through the heads of the 
appropriate Federal executive agencies, shall promulgate regulations 
necessary to carry out this Act and to ensure that this Act is applied 
and implemented by all Federal executive agencies.
    (b) Scope of Coverage.--The Federal 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 Energy;
            (6) the Department of Health and Human Services;
            (7) the Department of Housing and Urban Development;
            (8) the Department of the Interior;
            (9) the Department of Justice;
            (10) the Department of Labor;
            (11) the Department of Transportation;
            (12) the Department of the Treasury;
            (13) the Department of Veterans Affairs;
            (14) the Environmental Protection Agency; and
            (15) the Small Business Administration.
    (c) Activities.--Notwithstanding any other provision of law, the 
head of each Federal executive agency, acting alone or jointly through 
an agreement with another Federal 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 with respect to Indian tribes or 
        tribal organizations;
            (2) assist in planning and developing such projects to be 
        financed through different Federal programs;
            (3) with respect to Federal programs or projects that are 
        identified or developed under paragraphs (1) or (2), develop 
        and prescribe--
                    (A) guidelines;
                    (B) model or illustrative projects;
                    (C) joint or common application forms; and
                    (D) other materials or guidance;
            (4) review administrative program requirements to identify 
        those requirements that may impede the joint financing of such 
        projects and modify such requirements 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) an 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 
Federal 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 Federal 
        executive agencies to carry out this Act in assisting in the 
        administration of Federal assistance programs of other Federal 
        executive agencies that may be used to jointly finance projects 
        undertaken by Indian tribes or tribal organizations.

SEC. 8. 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 a Federal 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 Federal 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 Federal executive agency for a requesting 
        Federal executive agency when the requesting agency makes the 
        information or assurances directly.

SEC. 9. 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 a 
Federal executive agency may promulgate uniform regulations concerning 
inconsistent or conflicting requirements with respect to--
            (1) the financial administration of the project including 
        with respect to accounting, reporting, and auditing, and 
        maintaining a separate bank account, to the extent consistent 
        with this 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 a 
Federal 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 the project 
is funded.

SEC. 10. DELEGATION OF SUPERVISION OF ASSISTANCE.

    Pursuant to regulations established to implement this Act, the head 
of a Federal executive agency may delegate or otherwise enter into an 
arrangement to have another Federal executive agency carry out or 
supervise a project or class of 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 a 
        Federal executive agency of responsibility for the proper and 
        efficient management of a project for which the agency provides 
        assistance.

SEC. 11. JOINT ASSISTANCE FUNDS AND PROJECT FACILITATION.

    (a) Joint Assistance Fund.--In providing support for a project in 
accordance with this Act, the head of a Federal 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 Federal 
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; and
            (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.
    (c) Use of Excess Funds.--In any demonstration project conducted 
under this Act under which a joint assistance fund has been established 
under subsection (a) and the actual costs of the project are less than 
the estimated costs, use of the resulting excess funds shall be 
determined by the head of the Federal executive agency administering 
the joint assistance fund, after consultation with the applicant.

SEC. 12. 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 11, the 
recipient of amounts from the fund shall maintain records as required 
by the head of the Federal executive agency 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 Federal executive agency responsible for 
administering the fund and the Comptroller General for inspection and 
audit.

SEC. 13. 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. 14. JOINT STATE FINANCING FOR FEDERAL-TRIBAL ASSISTED PROJECTS.

    Under regulations promulgated under this Act, the head of a Federal 
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 Federal executive agency, the State, and at least 1 tribal 
agency or instrumentality. The agreement may include arrangements to 
process requests or administer assistance on a joint basis.

SEC. 15. 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.




                                                       Calendar No. 741

107th CONGRESS

  2d Session

                                 S. 343

                          [Report No. 107-324]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            November 4, 2002

                       Reported without amendment