[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1528 Introduced in Senate (IS)]

  1st Session
                                S. 1528

To establish a procedure 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

                July 31 (legislative day, July 21), 2003

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

_______________________________________________________________________

                                 A BILL


 
To establish a procedure 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 2003''.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (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 a substantial amount of Federal 
        funds 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 lack of timeliness and 
        coordination in resources and decisionmaking; and
            (4) the effectiveness of Federal and tribal efforts in 
        generating employment opportunities and bringing 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 purposes of this Act are--
            (1) to enable Indian tribes and tribal organizations to use 
        available Federal assistance more effectively and efficiently;
            (2) to adapt and target such assistance more readily to 
        particular needs through wider use of projects that are 
        supported by more than 1 agency, assistance program, or 
        appropriation of the Federal Government;
            (3) to 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) to promote the coordination of Native American economic 
        programs to maximize the benefits of those programs to 
        encourage a more consolidated, national policy for economic 
        development; and
            (5) to establish a procedure 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 in carrying out a project.
            (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 the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (5) Project.--
                    (A) In general.--The term ``project'' means a 
                community, economic, or business development 
                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.
                    (B) Inclusion.--The term ``project'' includes a 
                project designed to improve the environment, a housing 
                facility, a community facility, a business or 
                industrial facility, or transportation, a road, or a 
                highway, with respect to an Indian tribe, tribal 
                organization, or consortium.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Tribal organization.--The term ``tribal organization'' 
        has the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).

SEC. 4. LEAD AGENCY.

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

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) requests participation in a project under this Act 
        through a resolution or other official action of the tribal 
        governing body; and
            (3) demonstrates, for the 3 fiscal years immediately 
        preceding the fiscal year for which participation is requested, 
        financial stability and financial management capability as 
        demonstrated by a showing by the Indian tribe or tribal 
        organization that there were no material audit exceptions in 
        the required annual audit of the self-determination contracts 
        of the Indian tribe or tribal organization.
    (c) Planning Phase.--Each applicant--
            (1) shall complete a planning phase that includes--
                    (A) legal and budgetary research; and
                    (B) internal tribal government and organizational 
                preparation; and
            (2) on completion of the planning phase, shall be eligible 
        for joint assistance with respect to a project.

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

    (a) Requirements.--An applicant shall submit to the head of the 
Federal agency responsible for administering the primary Federal 
program to be affected by the project an application that--
            (1) identifies the programs to be integrated;
            (2) proposes programs that are consistent with the purposes 
        described in section 2(b);
            (3) describes--
                    (A) a comprehensive strategy that identifies the 
                manner in which Federal funds are to be integrated and 
                delivered under the project; and
                    (B) 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 project;
            (6) identifies any Federal statutory provisions, 
        regulations, policies, or procedures that the applicant 
        requests 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.--On receipt of an application that meets the 
requirements of subsection (a), the head of the Federal agency 
receiving the application shall--
            (1) consult with the applicant and with the head of each 
        Federal agency that is proposed to provide funds to implement 
        the project; 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.--Subject to subparagraph (B), 
                notwithstanding any other provision of law, the head of 
                the Federal agency responsible for administering any 
                statutory provision, regulation, policy, or procedure 
                that is identified in an application in accordance with 
                subsection (a)(6) or as a result of the consultation 
                required under subsection (b), and that is requested by 
                the applicant to be waived, shall waive the statutory 
                provision, regulation, policy, or procedure.
                    (B) Limitation.--A statutory provision, regulation, 
                policy, or procedure identified for waiver under 
                subparagraph (A) may not be waived by an agency head if 
                the agency head determines that a waiver would be 
                inconsistent with--
                            (i) the purposes described in section 2(b); 
                        or
                            (ii) any provision of the statute governing 
                        the program involved that is specifically 
                        applicable to Indian programs.
            (2) Project.--
                    (A) In general.--Not later than 90 days after the 
                date of receipt of an application that meets the 
                requirements of subsection (a), the head of the Federal 
                agency receiving the application shall inform the 
                applicant, in writing, of the approval or disapproval 
                of the application, including the approval or 
                disapproval of any waiver sought under paragraph (1).
                    (B) Disapproval.--If an application or waiver is 
                disapproved--
                            (i) the written notice shall identify the 
                        reasons for the disapproval; and
                            (ii) the applicant shall be provided an 
                        opportunity to amend the application or to 
                        petition the agency head to reconsider the 
                        disapproval.

SEC. 7. AUTHORITY OF HEADS OF FEDERAL AGENCIES.

    (a) In General.--The President, acting through the heads of the 
appropriate Federal agencies, shall promulgate regulations necessary--
            (1) to carry out this Act; and
            (2) to ensure that this Act is applied and implemented by 
        all Federal agencies.
    (b) Scope of Coverage.--The Federal 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 Homeland Security;
            (8) the Department of Housing and Urban Development;
            (9) the Department of the Interior;
            (10) the Department of Justice;
            (11) the Department of Labor;
            (12) the Department of Transportation;
            (13) the Department of the Treasury;
            (14) the Department of Veterans Affairs;
            (15) the Environmental Protection Agency;
            (16) the Small Business Administration; and
            (17) such other agencies as the President determines to be 
        appropriate.
    (c) Activities.--Notwithstanding any other provision of law, the 
head of each Federal agency, acting alone or jointly through an 
agreement with another Federal agency, may--
            (1) identify related Federal programs that are suitable for 
        providing 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 
        requirements that may impede the joint financing of such 
        projects and modify the requirements appropriately;
            (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 lead agency responsible for project 
                supervision.
    (d) Requirements.--In carrying out this Act, the head of each 
Federal agency shall--
            (1) take all appropriate actions to carry out this Act when 
        administering an assistance program;
            (2) consult and cooperate with the heads of other Federal 
        agencies; and
            (3) assist in the administration of assistance programs of 
        other Federal 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 for assistance for a project to be 
financed in accordance with this Act by at least 2 assistance programs, 
the head of a Federal 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 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 
        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 agency for a requesting Federal 
        agency in a case in which 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 practicable because of the application of 
inconsistent or conflicting technical or administrative regulations or 
procedures that are not specifically required by the statute that 
governs the Federal program under which the project is funded, the head 
of a Federal 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 in a case in which 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.--To make the processing of applications for assistance 
under a project simpler under this Act, the head of a Federal agency 
may provide for review of proposals for a project by a single panel, 
board, or committee in any case in which 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.

    (a) In General.--In accordance with regulations promulgated under 
section 7(a), the head of a Federal agency may delegate or otherwise 
enter into an arrangement to have another Federal agency carry out or 
supervise a project or class of projects jointly financed in accordance 
with this Act.
    (b) Conditions.--A delegation or other arrangement under subsection 
(a)--
            (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 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 agency may provide for 
the establishment in the Treasury by an applicant of a joint assistance 
fund to ensure that amounts received by the applicant from more than 1 
assistance program or appropriation are effectively administered.
    (b) Agreement.--
            (1) In general.--A joint assistance fund may be established 
        under subsection (a) only in accordance with an agreement by 
        the Federal agencies involved concerning the responsibilities 
        of each such agency.
            (2) Requirements of agreement.--An agreement under 
        paragraph (1) shall--
                    (A) ensure the availability of necessary 
                information to Federal agencies and Congress; and
                    (B) provide that the agency providing for the 
                establishment of the fund under subsection (a) is 
                responsible and accountable by program and 
                appropriation for the amounts provided for the purposes 
                of each fund.
    (c) Use of Excess Funds.--In any project conducted under this Act 
for 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 excess funds shall be determined by the head of the 
Federal 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 chapter 75 of title 31, United States 
Code.
    (b) Records.--
            (1) In general.--With respect to each project financed 
        through an account in a joint assistance fund established under 
        section 11, the recipient of amounts from the fund shall 
        maintain records as required by the head of the Federal agency 
        responsible for administering the fund.
            (2) Requirements.--Records described in paragraph (1) shall 
        disclose--
                    (A) the amount and disposition by the recipient of 
                assistance received under each Federal assistance 
                program and appropriation;
                    (B) the total cost of the project for which such 
                assistance was given or used;
                    (C) the part of the cost of the project provided 
                from other sources; and
                    (D) such other information as the head of the 
                Federal agency responsible for administering the fund 
                determines will facilitate the conduct of an audit of 
                the project.
    (c) Availability.--Records of a recipient related to an amount 
received from a joint assistance fund under this Act shall be made 
available, for inspection and audit, to--
            (1) the head of the Federal agency responsible for 
        administering the fund; and
            (2) the Comptroller General of the United States.

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 if the use of the funds involves the Federal assistance 
program and the project approved for joint financing.

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

    (a) In General.--Under regulations promulgated under section 7(a), 
the head of a Federal agency may enter into an agreement with a State 
to extend the benefits of this Act to a project that involves 
assistance from--
            (1) at least 1 Federal agency;
            (2) a State; and
            (3) at least 1 tribal agency or instrumentality.
    (b) Joint Action.--An agreement under subsection (a) 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 submit to Congress a report that includes--
            (1) a description of actions taken under this Act;
            (2) a detailed evaluation of the implementation of this 
        Act, including information on the benefits and costs of jointly 
        financed projects that accrue to participating Indian tribes 
        and tribal organizations; and
            (3) recommendations (including legislative recommendations) 
        of the President with respect to improvement of this Act.
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