[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1293 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1293

   To direct the Secretary of Commerce to establish a demonstration 
program to adapt the lessons of providing foreign aid to underdeveloped 
 economies to the provision of Federal economic development assistance 
   to certain similarly situated individuals, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2011

 Ms. Murkowski (for herself, Mr. Begich, and Mr. Akaka) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of Commerce to establish a demonstration 
program to adapt the lessons of providing foreign aid to underdeveloped 
 economies to the provision of Federal economic development assistance 
   to certain similarly situated individuals, 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 2011''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the efforts of the United States to foster job 
        creation, community, economic, and business development in 
        geographically remote Native American communities is often 
        hampered by fragmentation of authority, responsibility, and 
        performance under various Federal economic development 
        assistance programs;
            (2) the effectiveness of Federal and tribal efforts to 
        generate jobs and employment opportunities in traditional 
        Native American communities, home to indigenous people for 
        thousands of years, depends on better, more flexible, and more 
        cooperative arrangements among the various Federal agencies and 
        Indian tribes; and
            (3) the United States has committed to a policy of tribal 
        self-governance that--
                    (A) respects the value of self-determination of 
                Native people; and
                    (B) is well-suited to delivery of aid in the form 
                of compacts that recognize self-governance yet provide 
                a basis for more effective delivery of economic 
                development aid.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to increase opportunities for job creation and long-
        term economic development by establishing a demonstration 
        project designed to 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) to enable Indian tribes and tribal organizations to use 
        available Federal assistance more effectively and efficiently;
            (3) to reduce joblessness in a manner consistent with the 
        policy of self-determination, including furthering tribal self-
        governance; and
            (4) to demonstrate the manner in which Federal economic 
        development assistance to certain remote Native American 
        communities may be administered effectively in a manner that--
                    (A) promotes the creation of jobs, economic growth, 
                and the elimination of poverty;
                    (B) strengthens good governance, entrepreneurship, 
                and investment in Native American communities; and
                    (C) promotes sustainable economic growth in a 
                manner that promotes self-determination and self-
                sufficiency among remote Native American communities 
                while preserving the cultural values of those 
                communities.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Commitment to development.--The term ``commitment to 
        development'' means a commitment to job creation, poverty 
        reduction, and economic growth, as demonstrated through 
        activities for--
                    (A) entrepreneurship and job creation;
                    (B) an increase in worker productivity and 
                innovation; or
                    (C) private sector development.
            (2) Compact.--The term ``compact'' means a binding 
        agreement with the United States, with a term not to exceed 5 
        years, entered into pursuant to this Act.
            (3) Demonstration project.--The term ``demonstration 
        project'' means the Native American Millennium Challenge 
        Demonstration Project established under section 5(a).
            (4) Economic development strategy.--The term ``economic 
        development strategy'' means a strategy--
                    (A) written by an eligible entity and designed to 
                create jobs, achieve sustainable economic growth, and 
                reduce poverty over a defined period; and
                    (B) developed in consultation with public and 
                private sector entities, as appropriate to the 
                geographical area and intended beneficiaries of the 
                compact.
            (5) Eligible entity.--The term ``eligible entity'' means--
                    (A) an Indian tribe;
                    (B) a tribal organization;
                    (C) a consortium of Indian tribes or tribal 
                organizations; and
                    (D) after consultation with the Secretary of the 
                Interior, a Native Hawaiian organization.
            (6) 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).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (8) 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. 5. NATIVE AMERICAN MILLENNIUM CHALLENGE DEMONSTRATION PROJECT.

    (a) Establishment.--The Secretary shall establish and implement in 
the Department of Commerce a demonstration project, to be known as the 
``Native American Millennium Challenge Demonstration Project''.
    (b) Lead Agency.--
            (1) In general.--The lead agency for carrying out this Act 
        and the demonstration project shall be the Department of 
        Commerce.
            (2) Memorandum of understanding.--The Secretary shall 
        establish a Memorandum of Understanding with participating 
        Federal agencies that defines responsibilities under this Act.
    (c) Form of Assistance Under a Compact.--Assistance under the 
demonstration project--
            (1) shall be provided in the form of multiyear funding 
        agreements established under the applicable compact;
            (2) may not be provided in the form of loans;
            (3) may not be used for gaming activities covered by the 
        Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.); and
            (4) shall be provided in a manner that authorizes the 
        eligible entity, the Secretary, and the heads of other Federal 
        agencies--
                    (A) to reallocate, reprogram, or modify budget 
                allocations and amounts for use by the eligible entity 
                under the terms of the compact; and
                    (B) specify the procedures to be used.
    (d) Coordination.--
            (1) In general.--To improve the effectiveness of Federal 
        economic development assistance by encouraging the coordination 
        of that assistance in remote Native American communities and 
        except as specifically prohibited by any other provision of law 
        (including regulations), the provision of assistance under this 
        section may be coordinated with Federal economic development 
        assistance provided for Indian tribes and members of Indian 
        tribes by--
                    (A) the Department of Agriculture;
                    (B) the Department of Commerce;
                    (C) the Department of Energy;
                    (D) the Department of Health and Human Services 
                (other than the Indian Health Service);
                    (E) the Department of Housing and Urban Development 
                (excluding any economic assistance under title I of the 
                Native American Housing Assistance and Self-
                Determination Act of 1996 (25 U.S.C. 4111 et seq.));
                    (F) the Department of the Interior;
                    (G) the Small Business Administration; and
                    (H) any other Federal agencies and 
                instrumentalities that the Secretary determines to be 
                appropriate.
            (2) Integrated funding.--On execution of a compact with an 
        eligible entity, the Secretary, in cooperation with the heads 
        of other Federal agencies and in accordance with paragraph (1), 
        shall--
                    (A) provide unified accounting, budgeting, and 
                auditing standards for all Federal funding and programs 
                covered by this Act; and
                    (B) may authorize the eligible entity to coordinate 
                the federally funded economic development assistance 
                programs of the eligible entity in a manner that 
                integrates the program services into a single, 
                coordinated program.
    (e) Programs Affected.--The programs that may be integrated under 
the demonstration project include any program--
            (1) under which an eligible entity is eligible for receipt 
        of funds under a statutory or administrative formula for 
        economic development purposes; and
            (2) for which there is no specific statutory or regulatory 
        prohibition preventing agency or departmental participation.
    (f) Waiver Authority.--
            (1) In general.--On receipt of an executed compact, the 
        Secretary shall consult with the eligible entity that is a 
        party to the compact and the Secretary of each Federal agency 
        that provides funds to be used to implement the compact to 
        identify any potentially necessary or advisable waiver of 
        statutory requirements or applicable regulations, policies, or 
        procedures necessary to enable the eligible entity to implement 
        the compact.
            (2) Waiver.--Notwithstanding any other provision of law, on 
        the request of an eligible entity that has entered into a 
        compact pursuant to this Act, the Secretary of each affected 
        agency shall waive any applicable statutory, regulatory, or 
        administrative requirement, regulation, policy, or procedure 
        promulgated by that agency that has been identified by 
        participating agencies and eligible entities as impairing the 
        purposes of this Act.
    (g) Matching Requirements.--For the purposes of matching 
requirements under Federal law, funds provided under funding agreements 
entered into pursuant to this Act, and all funds provided under 
contracts or grants made pursuant to this Act, shall be treated as non-
Federal funds.
    (h) No Reduction in Amounts.--In no case shall the amount of 
Federal funds available to an eligible entity involved in any 
demonstration project be reduced as a result of the enactment of this 
Act.
    (i) Interagency Transfer of Funds Authorized.--The Secretary of a 
participating Federal agency may take such action as is necessary to 
provide for an interagency transfer of funds to further the purposes of 
this Act.

SEC. 6. NATIVE AMERICAN CHALLENGE COMPACTS.

    (a) Native American Challenge Compacts.--
            (1) Procedures.--
                    (A) In general.--The Secretary shall develop a 
                selection process for proposals for compacts submitted 
                by eligible entities.
                    (B) Selection process.--On completion of a 
                selection process, the Secretary shall enter into such 
                compacts as are selected in accordance with the 
                selection process.
            (2) Application process.--
                    (A) In general.--The Secretary shall develop an 
                application process for eligible entities to enter into 
                Native American Challenge Compacts under this Act.
                    (B) Application process.--
                            (i) In general.--An eligible entity shall 
                        inform the Secretary of the intent of the 
                        eligible entity to enter into a Native American 
                        Challenge compact by resolution or other 
                        official action by the governing body of the 
                        eligible entity.
                            (ii) Planning phase.--Each eligible entity 
                        that seeks to enter into a compact shall 
                        complete a planning phase that includes--
                                    (I) legal and budgetary research;
                                    (II) organizational preparation; 
                                and
                                    (III) the development of an 
                                economic development strategy.
                    (C) Criteria for the selection of eligible 
                entities.--In establishing criteria for the selection 
                of eligible entities under this section, the Secretary 
                shall consider whether an eligible entity--
                            (i) has successfully completed the planning 
                        phase described in subparagraph (B)(ii);
                            (ii) has demonstrated financial stability 
                        and financial management capacity as evidenced 
                        by the eligible entity having no material audit 
                        exceptions for the 3 fiscal years preceding the 
                        fiscal year for which the requested 
                        participation is being made; and
                            (iii) has a plan to demonstrate 
                        accountability for the use of funds provided 
                        under this Act.
                    (D) Priority and considerations.--
                            (i) Priority.--In selecting eligible 
                        entities under this section, the Secretary 
                        shall give priority to rural and remote 
                        eligible entities for which the average 
                        unemployment rate or rate of poverty for Native 
                        Americans residing in census districts in which 
                        the eligible entity is located is at or near 
                        the highest average unemployment rate or rate 
                        of poverty in the applicable State.
                            (ii) Considerations.--In selecting eligible 
                        entities under this section, the Secretary 
                        shall take into consideration--
                                    (I) the purposes of this Act, 
                                giving priority to job creation, 
                                entrepreneurship, and long-term 
                                sustainable economic growth in the 
                                communities of the eligible entity;
                                    (II) the remote and rural nature, 
                                general economic status, and poverty 
                                rate of the communities to be served; 
                                and
                                    (III) the commitment of the 
                                eligible entity to improve short-term 
                                economic conditions and create long-
                                term sustainable development of the 
                                communities to be served.
    (b) Assistance for Development of Compacts.--The Secretary may make 
grants to any eligible entity to facilitate the development and 
planning of a compact between the United States and the eligible 
entity.
    (c) Elements of a Compact.--
            (1) In general.--A compact shall be negotiated between the 
        eligible entity and the Secretary.
            (2) Requirements.--A compact shall contain elements 
        necessary to achieve the economic development strategy, 
        including--
                    (A) a description of the specific objectives for 
                the reduction of poverty through the creation of jobs 
                and economic development that is expected to be 
                achieved throughout the duration of the compact, 
                including a description of the respective roles and 
                responsibilities of the eligible entity and the United 
                States in the achievement of those objectives;
                    (B) an identification of the programs to be 
                included in the compact and a description of--
                            (i) the manner in which the programs are to 
                        be integrated and delivered; and
                            (ii) the results expected from the plan;
                    (C) an identification of any private financial 
                support or partnerships with industry or the private 
                market to achieve development;
                    (D) a list and description of--
                            (i) regular benchmarks to measure progress 
                        toward achieving the specific objectives; and
                            (ii) a methodology for analysis of the 
                        results;
                    (E) an identification of intended beneficiaries, 
                disaggregated by income level, gender, and age, to the 
                maximum extent practicable;
                    (F) an identification of any statutory provisions, 
                regulations, policies, or procedures that need to be 
                waived to implement the plan;
                    (G) a multiyear financial plan to guide the 
                implementation of the compact;
                    (H) a description of proposed mechanisms to execute 
                the plan;
                    (I) a requirement that the compact be approved by 
                the governing body of the affected eligible entity;
                    (J) a plan to ensure appropriate fiscal 
                accountability for the funds included in the compact; 
                and
                    (K) a requirement for annual reports as described 
                in section 7(b).
    (d) Renegotiation.--At any time during the duration of a compact, 
Federal programs may be added or removed from the compact in 
furtherance of the economic development strategy.
    (e) Extensions.--
            (1) In general.--If a compact is approaching expiration or 
        has expired, the eligible entity that is a party to the compact 
        and the United States may extend the compact for a period of 
        not to exceed 10 years.
            (2) Subsequent compacts.--An eligible entity and the United 
        States may renegotiate 1 or more subsequent compacts in 
        accordance with this Act.
    (f) Suspension and Termination of Assistance.--
            (1) In general.--The Secretary may suspend or terminate 
        assistance, in whole or in part, for an eligible entity that 
        has entered into a compact with the United States if the 
        Secretary determines that--
                    (A) the eligible entity has failed to meet the 
                responsibilities of the eligible entity under the 
                compact; or
                    (B) the eligible entity has engaged in a pattern of 
                actions that is inconsistent with the purposes of this 
                Act.
            (2) Reinstatement.--The Secretary may reinstate assistance 
        for an eligible entity only if the Secretary determines that 
        the eligible entity has demonstrated a commitment to correcting 
        each condition for which assistance was suspended or terminated 
        under paragraph (1).

SEC. 7. PROGRAM ASSESSMENTS AND REPORTS.

    (a) Reports of Eligible Entities.--Each eligible entity shall 
prepare and submit to the Secretary an annual written report describing 
the assistance received by the eligible entity under this Act during 
the preceding fiscal year and an analysis of the results of the 
demonstration project as of the date of the report.
    (b) Report Contents.--A report required under subsection (a) shall 
include--
            (1) a description of the amount of obligations and 
        expenditures for assistance provided during the preceding 
        fiscal year;
            (2) a description of the programs and activities conducted 
        by the eligible entity in furtherance of the economic 
        development strategy of the eligible entity and the purposes of 
        this Act;
            (3) an assessment of the effectiveness of the assistance 
        provided and progress made by the eligible entity toward 
        achieving the economic development strategy of the eligible 
        entity and the purposes of this Act;
            (4) an assessment of whether the requirements described in 
        section 6(c) are being met;
            (5) an analysis of the potential for the demonstration 
        project to provide lessons for other programs consistent with 
        the purposes of this Act; and
            (6) such other information as the eligible entity considers 
        to be relevant, taking into consideration the purposes of this 
        Act.
    (c) Submission to Congress.--The Secretary shall submit the reports 
required under subsection (a), with such other information as the 
Secretary considers to be relevant, on an annual basis to--
            (1) the Committees on Energy and Commerce and Natural 
        Resources of the House of Representatives; and
            (2) the Committees on Indian Affairs, Commerce, Science, 
        and Transportation, and Energy and Natural Resources of the 
        Senate.

SEC. 8. RELATIONSHIP TO FEDERAL TRUST RESPONSIBILITY.

    Nothing in this Act diminishes the Federal trust responsibility to 
Indian tribes, individual Indians, or relating to trust allotments.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as necessary to carry out this Act.
    (b) Administrative and Program Oversight Expenses.--Of the funds 
made available to carry out this Act, not more than 5 percent may be 
used by the Secretary for--
            (1) the administrative expenses of carrying out this Act; 
        and
            (2) oversight of programs under this Act.
                                 <all>