[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3351 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3351
To adapt the lessons of foreign aid to underdeveloped economies to the
provision of Federal economic development assistance to similarly
situated remote Native American communities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 2, 2007
Mr. Young of Alaska introduced the following bill; which was referred
to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To adapt the lessons of foreign aid to underdeveloped economies to the
provision of Federal economic development assistance to similarly
situated remote Native American communities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Challenge
Demonstration Project Act of 2007''.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) adapt the lessons of foreign aid to underdeveloped
economies, such as the experience of the Millennium Challenge
Corporation, to the provision of Federal economic development
assistance to similarly situated remote Native American
communities;
(2) provide Federal economic development assistance for
Native communities through the Native American Challenge
Demonstration Project;
(3) administer Federal economic development assistance in a
manner that promotes economic growth and the elimination of
poverty and strengthens good governance, entrepreneurship, and
investment in Native communities;
(4) improve the effectiveness of Federal economic
development assistance by encouraging the integration and
coordination of such assistance in Native American communities;
(5) promote sustainable economic growth and poverty
reduction policies in Native American communities in a manner
that promotes self-determination and self-sufficiency among
remote Native American communities while preserving their
cultural values; and
(6) establish a demonstration project which, if successful,
may be broadly applied to other Native American communities in
the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Eligible entity.--The term `` eligible entity'' means--
(A) the Association of Village Council Presidents,
the Bristol Bay Native Association, and the Alaska
Federation of Natives applying jointly;
(B) in the State of Hawaii, a consortia of local
Native Hawaiian community organizations to be
determined by the Secretary in consultation with the
Secretary of Interior and the Office of Hawaiian
Affairs; and
(C) in the contiguous states, up to three
organizations to be determined by the Secretary in
consultation with the Secretary of the Interior, which
organizations may be Indian tribes, consortia of Indian
tribes, or nongovernmental entities authorized by one
or more Indian tribes.
(2) Compact.--The term ``compact'' means a binding
agreement with the United States pursuant to this Act.
(3) Economic development strategy of the eligible entity.--
The term ``economic development strategy of the eligible
entity'' means a strategy written by the eligible entity and
designed to achieve sustainable economic growth and reduce
poverty over a defined period, developed in consultation with
public and private sector entities as appropriate to the
geographic area and intended beneficiaries of the compact.
(4) Indian tribe.--The term ``Indian tribe'' shall have the
meaning given the term in section 4(e) of the Indian Self
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.).
(5) Renewal.--The term ``renewal'' means the negotiated
extension of a compact.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, Office of the Secretary.
SEC. 4. NATIVE AMERICAN MILLENNIUM CHALLENGE DEMONSTRATION PROJECT.
(a) Establishment.--The Secretary shall establish and implement a
demonstration project in the Department of Commerce.
(b) Authorization of Assistance.--The Secretary may provide
assistance under this section to an eligible entity that enters a
compact with the United States pursuant to this Act.
(c) Form of Assistance.--Assistance under this section--
(1) shall be provided in the form of funding agreements
established by the compacts;
(2) may not be provided in the form of loans; and
(3) may not be used for gaming activities pursuant to the
Indian Gaming Regulatory Act (25 USC 2701 et seq.).
(d) Coordination.--
(1) In general.--The provision of assistance under this
section shall be coordinated with other Federal economic
development assistance programs for Native Americans.
(2) Integrated funding.--The Secretary, in cooperation with
other Secretaries as appropriate, shall, upon execution of a
compact with an eligible entity, authorize the eligible entity
to coordinate its federally funded economic development
assistance programs in a manner that integrates the program
services into a single, coordinated program.
(3) Agencies and departments.--The Federal agencies and
departments administering economic development assistance
programs for Native Americans are the following:
(A) Department of Agriculture.
(B) Department of Commerce.
(C) Department of Energy.
(D) Department of Health and Human Services.
(E) Department of Housing and Urban Development.
(F) Department of the Interior.
(G) Small Business Administration.
(H) Such other Federal agencies and
instrumentalities as the Secretary determines
appropriate.
(e) Programs Affected.--The programs that may be integrated
pursuant to this Act shall include any program under which an Indian
tribe is eligible for receipt of funds under a statutory or
administrative formula for economic development purposes.
(f) Waiver Authority.--Upon receipt of the executed compact, the
Secretary shall consult with the eligible entity and the Secretary of
each Federal agency or department providing funds to be used to
implement the compact in order to identify any waivers of statutory
requirements or applicable regulations, policies, or procedures
necessary to enable the eligible entity to implement its compact.
SEC. 5. NATIVE AMERICAN CHALLENGE COMPACTS.
(a) Compacts.--The Secretary shall develop and recommend procedures
for considering proposals for compacts submitted by eligible entities.
The Secretary may provide assistance to an eligible entity only if the
eligible entity enters into an agreement with the United States, to be
known as a ``Native American Challenge Compact'', that establishes a
multi-year plan for achieving development objectives in furtherance of
the purposes of this Act.
(b) Eligible Entities-Criteria for Selection.--The Secretary shall
develop an application process and criteria for selecting the eligible
entities, taking into account--
(1) the purposes of this Act;
(2) the economic development strategy of the eligible
entity;
(3) the remoteness of the reservation or community to be
served;
(4) its general economic status;
(5) poverty rates; and
(6) the capacity of the applicant.
(c) Assistance for Development of a Compact.--To the extent that
funds have been appropriated in advance and are available for this
section, the Secretary may enter into contracts with or make grants to
any eligible entity for the purposes of facilitating the development
and implementation of a compact between the United States and the
eligible entity.
(d) Duration and Extension.--The term of an initial compact may not
exceed five years. An eligible entity and the United States may enter
into one or more subsequent compacts in accordance with the
requirements of this Act. If a compact is nearing its expiration or has
expired, the eligible entity and the United States may renegotiate or
extend the compact for as many periods as the parties agree, with each
period not exceeding 10 years.
(e) Application.--The Secretary shall develop and recommend
procedures for considering proposals for compacts submitted by eligible
entities.
(f) Elements.--In furtherance of the economic development strategy
of the eligible entity, the compact shall contain--
(1) a description of the specific objectives for
sustainable economic development and the reduction of poverty
that the eligible entity and the United States expect to
achieve during the term of the compact;
(2) a description of the respective roles and
responsibilities of the eligible entity and the United States
in the achievement of such objectives;
(3) a list and description of regular benchmarks to measure
progress toward achieving such objectives;
(4) an identification of the intended beneficiaries,
disaggregated by income level, gender, and age, to the maximum
extent practical; and
(5) a multi-year financial plan to guide the implementation
of the compact, including the estimated level of funding and
other contributions by the United States and the eligible
entity, proposed mechanisms to execute the plan, and periodic
assessments to determine whether the requirements of
subparagraphs (1) through (4) are being met.
(g) Suspension and Termination of Assistance.--
(1) In general.--The Secretary may suspend or terminate
assistance in whole or in part for an entity that has entered a
compact with the United States if the Secretary determines
that--
(A) the entity has failed to adhere to its
responsibilities under the compact, or
(B) the entity has engaged in a pattern of actions
inconsistent with the purposes of this Act.
(h) Reinstatement.--The Secretary may reinstate assistance for an
entity only if the Secretary determines that the entity has
demonstrated a commitment to correcting each condition for which
assistance was suspended or terminated under subsection (f).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $20,000,000 for each of fiscal years 2008 through 2012.
Any funds authorized but not appropriated may be appropriated in
subsequent fiscal years, provided that the cumulative level of funds
authorized to be appropriated for Fiscal Year 2008 through 2012 shall
not exceed $100,000,000. Sums appropriated under this section shall
remain available until expended.
(b) Administrative Funds.--Of the funds made available by this Act,
no more than 5 percent may be used by the Secretary for administrative
expenses and program oversight.
SEC. 7. PROGRAM ASSESSMENTS AND REPORTS.
(a) Reports of Eligible Entities.--Not later than March 15, 2008,
and annually thereafter, each the eligible entity shall prepare and
submit to the Secretary a written report regarding the assistance
provided under this Act during the previous fiscal year.
(b) Report Contents.--A report required under subsection (a) shall
include the following:
(1) The amount of obligations and expenditures for
assistance provided during the prior fiscal year.
(2) A description of the programs and activities conducted
by the entity in furtherance of its economic development
strategy and the purposes of this Act.
(3) An assessment of the effectiveness of the assistance
provided and progress made by the entity toward achieving its
economic development strategy and the purposes of this Act.
(4) Other information the eligible entity considers
relevant considering the purposes of this Act.
(c) Transmittal to Congress.--Not later than May 15, 2008, and
annually thereafter, the Secretary shall transmit reports required
under subsection (a), with such other information the Secretary
considers relevant, to the Committee on Energy and Commerce and the
Committee on Natural Resources in the House of Representatives, and the
Committee on Indian Affairs, the Committee on Commerce, Science, and
Transportation, and the Committee on Energy and Natural Resources in
the Senate.
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