[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7859 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 7859

To authorize the integration and administrative streamlining of Federal 
 funding for Indian Tribes that have reservations, other Tribal lands, 
   or ways of life at risk due to environmental impacts and natural 
                   disasters, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 2, 2024

    Mr. Kilmer (for himself, Mr. Simpson, Ms. Perez, and Mr. Cole) 
 introduced the following bill; which was referred to the Committee on 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To authorize the integration and administrative streamlining of Federal 
 funding for Indian Tribes that have reservations, other Tribal lands, 
   or ways of life at risk due to environmental impacts and natural 
                   disasters, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Tribal 
Environmental Resiliency Resources Act'' or the ``TERRA Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Statement of purpose.
Sec. 3. Definitions.
Sec. 4. Lead agency.
       TITLE I--PROGRAM COMPONENTS; PLAN DEVELOPMENT AND APPROVAL

Sec. 101. Integration of Federal programs authorized.
Sec. 102. Eligible Federal programs.
Sec. 103. Activities authorized under a Plan.
Sec. 104. Plan requirements.
Sec. 105. Technical assistance.
Sec. 106. Plan submission and review.
Sec. 107. Waiver authority.
Sec. 108. Plan approval or denial.
        TITLE II--PLAN IMPLEMENTATION; FUNDING ADMINISTRATION; 
           INTERDEPARTMENTAL MEMORANDUM OF AGREEMENT; REPORT

Sec. 201. Reduced reporting requirements.
Sec. 202. Streamlined permitting and review implementation.
Sec. 203. Expedited fee-to-trust process for Plan implementation.
Sec. 204. Streamlined funding framework implementation.
Sec. 205. Transfer and distribution of funds.
Sec. 206. Administration of funds.
Sec. 207. No reduction in amounts.
Sec. 208. Interdepartmental memorandum of agreement.
Sec. 209. Report required.

SEC. 2. STATEMENT OF PURPOSE.

    The purpose of this Act is to empower Indian Tribes that have 
reservations, other Tribal lands, or ways of life at risk due to 
environmental impacts and natural disasters, including flooding, 
erosion, sea level rise, permafrost degradation, ocean acidification, 
extended drought, extreme temperatures, and more frequent and severe 
wildfires, hurricanes, and tornadoes, to integrate funding from 
multiple eligible Federal programs into comprehensive Plans designed to 
meet the needs of those Indian Tribes and their communities with 
respect to preventing or addressing those environmental impacts or 
natural disasters, including by community-driven relocation, if 
applicable, while--
            (1) reducing administrative, reporting, and accounting 
        costs; and
            (2) serving Tribally determined goals consistent with the 
        policy of self-determination, the unique Government-to-
        Government relationship between the Government of the United 
        States and the Governments of Indian Tribes, and the unique 
        Federal trust responsibility to Indian Tribes and Indian people 
        assumed by the United States, including all Federal agencies.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Affected agency.--The term ``affected agency'' means a 
        Federal agency that administers a program that has been 
        integrated, or is being proposed for integration, into a Plan.
            (2) Coordinated project schedule.--The term ``coordinated 
        project schedule'' means the coordinated project schedule 
        required under section 202(c)(1).
            (3) Department.--The term ``Department'' means the 
        Department of the Interior.
            (4) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' in section 551 of title 5, 
        United States Code.
            (5) Federal partner.--The term ``Federal partner'' means 
        each of--
                    (A) the Department;
                    (B) the Department of Agriculture;
                    (C) the Department of the Army;
                    (D) the Department of Commerce;
                    (E) the Department of Defense;
                    (F) the Department of Energy;
                    (G) the Department of Health and Human Services;
                    (H) the Department of Homeland Security;
                    (I) the Department of Housing and Urban 
                Development;
                    (J) the Department of Justice;
                    (K) the Department of Transportation;
                    (L) the Department of the Treasury;
                    (M) the Environmental Protection Agency;
                    (N) the Federal Communications Commission;
                    (O) the Federal Energy Regulatory Commission;
                    (P) the Advisory Council on Historic Preservation; 
                and
                    (Q) any other Federal agency that operates a 
                program determined eligible by the Secretary for 
                integration into a Plan under this Act.
            (6) Federal program.--The term ``Federal program'' means 
        any Federal program or Federal funding source that an Indian 
        Tribe integrates or seeks to integrate into the Plan of the 
        Indian Tribe.
            (7) 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. 5304).
            (8) NEPA.--The term ``NEPA'' means the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (9) Participating agency.--The term ``participating 
        agency'' means a Federal agency that, regardless of whether the 
        Federal agency is a Federal partner or an affected agency--
                    (A) has review, permitting, or other authorization 
                responsibility with respect to the services or 
                activities to be carried out under a Plan, including 
                responsibilities that require review under NEPA, 
                section 306108 of title 54, United States Code 
                (commonly known as the ``National Historic Preservation 
                Act''), or other applicable Federal law;
                    (B) is designated by the Secretary as a 
                participating agency for that Plan; and
                    (C) participates in the streamlined permitting and 
                review procedures for implementing that Plan, in 
                accordance with section 202.
            (10) Plan.--The term ``Plan'' means a Plan authorized under 
        this Act.
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. LEAD AGENCY.

    Notwithstanding any other provision of law--
            (1) the lead Federal agency responsible for implementation 
        of this Act is the Department; and
            (2) unless otherwise provided in this Act, the Secretary 
        possesses sole and exclusive decisionmaking authority for all 
        Federal actions under this Act, including the sole and 
        exclusive authority to determine whether a Federal program is 
        eligible for integration into a Plan.

       TITLE I--PROGRAM COMPONENTS; PLAN DEVELOPMENT AND APPROVAL

SEC. 101. INTEGRATION OF FEDERAL PROGRAMS AUTHORIZED.

    The Secretary shall, on approving a proposed Plan submitted by an 
Indian Tribe under this Act, authorize the Indian Tribe, in accordance 
with the Plan--
            (1) to integrate funding from eligible Federal programs 
        (referred to in this section as the ``integrated Federal 
        programs''), including by implementing any waivers of 
        statutory, regulatory, and administrative requirements, 
        regulations, policies, and procedures granted under section 
        107;
            (2) to carry out the core services and activities that 
        would otherwise be provided through the integrated Federal 
        programs in accordance with the designated purposes of the 
        Plan;
            (3) to reallocate funds from the integrated Federal 
        programs, as needed, among the various services and activities 
        to be carried out under the Plan in accordance with the 
        designated purposes of the Plan without the need for any waiver 
        to be granted under section 107;
            (4) if appropriate, and in accordance with the designated 
        purposes of the Plan, to reallocate some or all of the funds 
        from the integrated Federal programs to costs associated with 
        community-driven relocation; and
            (5) to provide a single report each year, based on the 
        model report developed under section 201(b)--
                    (A) in lieu of reporting, recordkeeping, auditing, 
                or similar requirements or procedures associated with 
                the integrated Federal programs; and
                    (B) without the need for a waiver to be granted 
                under section 107.

SEC. 102. ELIGIBLE FEDERAL PROGRAMS.

    To be eligible for integration into a Plan, a Federal program must 
meet the following criteria with respect to the purpose and nature of 
funding:
            (1) Purpose.--The Federal program is implemented for a 
        purpose that helps to address environmental resiliency, which 
        may include advancing such purpose through--
                    (A) climate resilience, mitigation, or relocation;
                    (B) disaster relief, preparedness, or prevention;
                    (C) environmental remediation;
                    (D) housing;
                    (E) infrastructure maintenance or development;
                    (F) economic development;
                    (G) land management (including purchasing, leasing, 
                and fee-to-trust);
                    (H) capacity building;
                    (I) real estate services;
                    (J) natural resources management or development;
                    (K) energy or utility services; and
                    (L) any purpose relating to, or otherwise 
                supporting or facilitating, a purpose described in 
                subparagraphs (A) through (K).
            (2) Nature of funding.--The funding of the Federal program 
        is provided based on--
                    (A) the eligibility of an Indian Tribe or members 
                of an Indian Tribe to receive funds--
                            (i) under a statutory or administrative 
                        formula making funds available to the Indian 
                        Tribe or members of the Indian Tribe; or
                            (ii) based solely or in part on the status 
                        of the Indian Tribe or members of the Indian 
                        Tribe as Indians under Federal law;
                    (B) the fact that an Indian Tribe or members of an 
                Indian Tribe have secured funds as a result of a 
                noncompetitive process or a specific designation;
                    (C) a competitive process under which Indian Tribes 
                are designated eligible recipients, regardless of 
                whether the competitive funding is for the benefit of 
                the Indian Tribe because of the status of the Indian 
                Tribe or the status of the beneficiaries the funding 
                serves; or
                    (D) block grant funds provided to an Indian Tribe, 
                regardless of whether the block grant is for the 
                benefit of the Indian Tribe because of the status of 
                the Indian Tribe or the status of the beneficiaries the 
                grant serves.

SEC. 103. ACTIVITIES AUTHORIZED UNDER A PLAN.

    Federal funding integrated into a Plan shall be expended for 
purposes--
            (1) consistent with the core services or activities that 
        otherwise would have been provided or carried out under the 
        Federal programs integrated into the Plan; or
            (2) relating to community-driven relocation.

SEC. 104. PLAN REQUIREMENTS.

    (a) In General.--A Plan submitted by an Indian Tribe to the 
Secretary for approval shall--
            (1) identify the Federal programs to be integrated into the 
        Plan;
            (2) be consistent with the purpose of this Act;
            (3) describe, at the option of the Indian Tribe--
                    (A) the nature and severity of the environment-
                related threats to the existing reservation of the 
                Indian Tribe, other Tribal lands, or ways of life; and
                    (B) if applicable, a strategy for community-driven 
                relocation to be addressed by the Plan, including--
                            (i) the general location of the proposed 
                        relocation efforts; and
                            (ii) a summary of geospatial information, 
                        if available, illustrating--
                                    (I) the proposed relocation area; 
                                and
                                    (II) if applicable, the locations 
                                of environmental, cultural, and 
                                historic resources;
            (4) describe the way in which Federal program funds and 
        services are to be integrated, consolidated, and delivered to 
        provide services and carry out activities under the designated 
        purposes of the Plan, including provisions that detail how 
        funding sources are anticipated to be coordinated, consistent 
        with section 204(b);
            (5) identify any need for taking land into trust for the 
        benefit of the Indian Tribe for environment-related purposes, 
        pursuant to section 203;
            (6) identify the projected expenditures under the Plan in a 
        single budget covering all consolidated funds;
            (7) identify any Federal environmental or historic 
        preservation reviews, permits, or other authorizations 
        anticipated to be required to be completed or obtained to 
        implement the Plan, including any reviews that may be required 
        under NEPA or section 306108 of title 54, United States Code 
        (commonly known as the ``National Historic Preservation Act'');
            (8) identify any statutory, regulatory, or administrative 
        requirements, regulations, policies, or procedures that the 
        Indian Tribe believes need to be waived to efficiently and 
        effectively implement the Plan; and
            (9) be approved by the governing body of the Indian Tribe, 
        by resolution or other applicable means.
    (b) Confidentiality.--Any information relating to Tribal natural, 
cultural, and historical resources submitted in a Plan shall be--
            (1) kept confidential; and
            (2) exempt from the disclosure requirements under section 
        552(b)(3) of title 5, United States Code (commonly known as the 
        ``Freedom of Information Act'') and chapter 10 of part I of 
        title 5, United States Code (commonly known as the ``Federal 
        Advisory Committee Act'').

SEC. 105. TECHNICAL ASSISTANCE.

    (a) In General.--On request of an Indian Tribe, the Secretary shall 
provide technical assistance to the Indian Tribe with respect to any 
phase or aspect of a Plan, including--
            (1) project planning and design to develop a proposed Plan 
        for submission; and
            (2) review by the Secretary of a draft proposed Plan, in 
        accordance with subsection (b).
    (b) Review by Secretary.--If an Indian Tribe requests review of a 
draft proposed Plan under subsection (a)(2), the Secretary shall--
            (1) provide an informal assessment of the likelihood of 
        approval by the Secretary of the draft proposed Plan;
            (2) identify any issues or missing information that may 
        prevent the approval of the draft proposed Plan; and
            (3) provide followup technical assistance to resolve any 
        issues described in paragraph (2), as applicable.
    (c) Review Not a Decision.--A review of a draft proposed Plan under 
subsection (b) shall not constitute an official Federal agency 
determination or decision.
    (d) Agency Consultation.--
            (1) In general.--In providing technical assistance under 
        subsection (a), on request of the Indian Tribe receiving 
        technical assistance, or as the Secretary determines 
        appropriate, the Secretary shall consult with any Federal 
        agencies anticipated to be affected agencies or participating 
        agencies with respect to the applicable Plan.
            (2) Scope.--Federal agencies with which the Secretary 
        consults under paragraph (1) shall provide technical assistance 
        with respect to any requested phase or aspect of a Plan, 
        including--
                    (A) waiver requests under section 107;
                    (B) streamlined funding frameworks under section 
                204; and
                    (C) coordinated project scheduling under section 
                202(c).

SEC. 106. PLAN SUBMISSION AND REVIEW.

    (a) Notice.--An Indian Tribe shall notify the Secretary, in 
writing, of the intent of the Indian Tribe to prepare a proposed Plan.
    (b) Consultation.--On receipt of notice from an Indian Tribe under 
subsection (a), the Secretary shall consult with the Indian Tribe--
            (1) to identify potential Federal programs that may be 
        integrated into the proposed Plan; and
            (2) to identify any waivers of applicable statutory, 
        regulatory, or administrative requirements, regulations, 
        policies, or procedures necessary to enable the Indian Tribe to 
        efficiently and effectively implement the proposed Plan.
    (c) Plan Submission.--A proposed Plan submitted by an Indian Tribe 
to the Secretary shall satisfy the requirements of this Act, including 
any requested waivers under section 107.

SEC. 107. WAIVER AUTHORITY.

    (a) Tribal Waiver Request.--In consultation with the Secretary, an 
Indian Tribe submitting a proposed Plan may include in the proposed 
Plan a request that the head of an affected agency waive any statutory, 
regulatory, or administrative requirement, regulation, policy, or 
procedure that the Indian Tribe considers necessary to enable the 
Indian Tribe to efficiently and effectively implement the proposed 
Plan.
    (b) Waiver Authority.--
            (1) In general.--Notwithstanding any other provision of 
        law, but subject to paragraph (2), the head of an affected 
        agency shall waive any applicable statutory, regulatory, or 
        administrative requirement, regulation, policy, or procedure 
        for which an Indian Tribe has requested a waiver under 
        subsection (a), including--
                    (A) matching requirements;
                    (B) competition procedures and other competitive 
                funding requirements;
                    (C) formula funding limitations;
                    (D) repayment obligations;
                    (E) deadlines; and
                    (F) any statutory requirements that may be 
                interpreted to prevent--
                            (i) the Indian Tribe from receiving funds 
                        from multiple, or overlapping, sources of 
                        Federal funding; or
                            (ii) the creation by the head of the 
                        affected agency of a funding set-aside for 
                        Indian Tribes.
            (2) Limitation.--A waiver requested by an Indian Tribe 
        under paragraph (1) shall not be granted if the head of the 
        affected agency determines granting the waiver will be 
        inconsistent with--
                    (A) the purpose of this Act; or
                    (B) the provision of law from which the Federal 
                program included in the Plan derives its authority that 
                is specifically applicable to Indians.
    (c) Waiver Submission and Review.--
            (1) Determination on waiver request.--Not later than 45 
        days after the date on which an Indian Tribe submits a waiver 
        request under subsection (a), the head of the affected agency 
        shall--
                    (A) make a determination on whether to grant or 
                deny the request; and
                    (B) provide written notice of the determination and 
                the reasons for the determination to the requesting 
                Indian Tribe and the Secretary.
            (2) Deemed approval.--If the head of an affected agency 
        does not provide written notice to the Indian Tribe of a 
        determination on a waiver request within the 45-day period 
        described in paragraph (1), the waiver request shall be deemed 
        to be granted.
            (3) Interagency dispute resolution.--
                    (A) In general.--On the request of an Indian Tribe 
                that submitted a waiver request under subsection (a), 
                the Secretary shall establish and initiate an 
                interagency dispute resolution process involving--
                            (i) the Secretary;
                            (ii) the Indian Tribe; and
                            (iii) the head of the affected agency.
                    (B) Timeline.--A dispute initiated under 
                subparagraph (A) shall be resolved not later than 30 
                days after the date on which the process is initiated 
                under that subparagraph.
                    (C) Final authority.--If the dispute resolution 
                process fails to resolve the dispute between the Indian 
                Tribe and the affected agency, the head of the affected 
                agency shall have the final authority to resolve the 
                dispute.
                    (D) Notice to indian tribe.--Not later than 10 days 
                after the date on which the dispute is resolved under 
                this paragraph, the Secretary shall provide the Indian 
                Tribe with--
                            (i) the final determination on the waiver 
                        request; and
                            (ii) notice of the right to file an appeal 
                        in accordance with section 108(d)(2).

SEC. 108. PLAN APPROVAL OR DENIAL.

    (a) In General.--The Secretary shall have the sole and exclusive 
authority to approve or disapprove--
            (1) a Plan submitted by an Indian Tribe; and
            (2) the integration of a Federal program into the Plan.
    (b) Approval or Denial Process.--
            (1) In general.--Except as provided in subsection (c), not 
        later than 90 days after the date on which the Secretary 
        receives a proposed Plan submitted by an Indian Tribe, the 
        Secretary shall--
                    (A) approve or deny the Plan; and
                    (B) provide written notice of that decision to the 
                Indian Tribe.
            (2) Approval.--If the Secretary approves a Plan, the 
        Secretary shall authorize the transfer and distribution of 
        funds associated with the Federal programs integrated into the 
        Plan.
            (3) Denial.--If the Secretary denies a Plan, the Secretary 
        shall provide to the Indian Tribe written notification of 
        disapproval that contains a specific finding that clearly 
        demonstrates, or that is supported by controlling legal 
        authority, that the Plan does not meet the requirements of this 
        Act.
            (4) Partial approval.--If the Secretary determines a Plan 
        cannot be approved in its entirety, the Secretary shall approve 
        any portion of the Plan that can be approved and deny any 
        portion of the proposed Plan that cannot be approved, pursuant 
        to the processes described in this subsection.
            (5) Deemed approval.--If the Secretary does not provide 
        written notice to an Indian Tribe of a decision on a Plan 
        within the 90-day period described in paragraph (1), the Plan 
        shall be deemed approved.
    (c) Extension of Time.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may extend or otherwise alter the 90-day period described in 
        subsection (b)(1) if, before expiration of the original 90-day 
        period, the Secretary obtains the express written consent of 
        the Indian Tribe that submitted the applicable Plan.
            (2) Extension restrictions.--An extension or alteration of 
        the 90-day period under paragraph (1) may only be--
                    (A) provided once; and
                    (B) for a period of not more than 90 days.
    (d) Review of Denial.--In addition to the requirements of 
subsection (b)(3), if the Secretary denies or partially denies a 
proposed Plan the Secretary shall--
            (1) provide technical assistance to the applicable Indian 
        Tribe with respect to the denied proposed Plan, or the denied 
        portion of the proposed Plan, to ensure the proposed Plan meets 
        the requirements of this Act, if possible; and
            (2) inform the Indian Tribe of the option of the Indian 
        Tribe to request a hearing on the record before an 
        administrative law judge with the right to engage in full 
        discovery relevant to any issue raised in the matter and the 
        opportunity for appeal on the matters raised by the Secretary 
        under subsection (b)(3), under such rules and regulations as 
        the Secretary may issue.
    (e) Civil Actions.--
            (1) In general.--An Indian Tribe may bring a civil action 
        in a district court of the United States against--
                    (A) the Secretary for a Plan denial under this 
                section; and
                    (B) an affected agency for a waiver denial under 
                section 107.
            (2) Administrative exhaustion not required.--An Indian 
        Tribe may bring a civil action under paragraph (1) without 
        regard to whether the Indian Tribe had an administrative 
        hearing for a Plan denial under subsection (d)(2) or engaged in 
        the dispute resolution process for a waiver denial under 
        section 107(c)(3).
            (3) Relief.--In a civil action brought by an Indian Tribe 
        under paragraph (1), a district court of the United States may 
        order appropriate relief (including injunctive relief to 
        reverse a denial of a Plan or a waiver to compel an officer or 
        employee of the United States, or any agency thereof, to 
        perform a duty provided under this Act or regulations 
        promulgated under this Act) against any action by an officer or 
        employee of the United States or any Federal agency contrary to 
        this Act or regulations promulgated under this Act.

        TITLE II--PLAN IMPLEMENTATION; FUNDING ADMINISTRATION; 
           INTERDEPARTMENTAL MEMORANDUM OF AGREEMENT; REPORT

SEC. 201. REDUCED REPORTING REQUIREMENTS.

    (a) Certain Federal Program Requirements Superseded.--An Indian 
Tribe with a Plan approved by the Secretary under section 108--
            (1) shall be required to submit a single report each year 
        based on the model report developed by the Secretary under 
        subsection (b)(1) in accordance with the Plan of the Indian 
        Tribe; and
            (2) shall not be required to comply with reporting, 
        recordkeeping, auditing, or similar requirements or procedures 
        required by individual Federal programs integrated into the 
        Plan of the Indian Tribe.
    (b) Duties of Secretary.--The Secretary shall--
            (1) develop a model report, to be made available to the 
        Indian Tribes, that describes all services or activities 
        undertaken and expenditures made under a Plan;
            (2) develop and use a single monitoring and oversight 
        system for Plans, which shall record all information relevant 
        to the administration of Plans, including, for each Plan--
                    (A) annual reports submitted by Indian Tribes under 
                this section;
                    (B) streamlined funding frameworks, as updated by 
                the Secretary pursuant to section 204(b)(2)(B); and
                    (C) coordinated project schedules, including any 
                environmental review timetables included in those 
                coordinated project schedules, as updated by the 
                Secretary pursuant to section 202(c)(2)(B); and
            (3) maintain and make available to Indian Tribes a list of 
        all--
                    (A) Federal programs approved and denied for 
                integration into Plans; and
                    (B) waiver requests granted and denied under 
                section 107.
    (c) Model Report Format.--
            (1) Requirements.--The model report developed under 
        subsection (b)(1) shall contain information sufficient--
                    (A) to determine whether the Indian Tribe has 
                complied with the requirements of the Plan of the 
                Indian Tribe; and
                    (B) to enable the head of each affected agency to 
                determine whether the Indian Tribe has complied with 
                all directly applicable statutory and regulatory 
                requirements of the integrated Federal programs of each 
                affected agency that are not--
                            (i) superseded on integration into a Plan; 
                        or
                            (ii) waived under section 107.
            (2) Limitation.--The model report developed under 
        subsection (b)(1) shall not require an Indian Tribe to report 
        on the expenditure of funds expressed by fund source or single 
        agency code transferred to the Indian Tribe under a Plan.

SEC. 202. STREAMLINED PERMITTING AND REVIEW IMPLEMENTATION.

    (a) Identification of Federal Agencies.--
            (1) In general.--On approval of a Plan by the Secretary 
        under section 108, the Secretary, in consultation with the 
        Indian Tribe, shall identify and invite all Federal agencies 
        that have permitting, review, approval, or other authorization 
        responsibilities with respect to the services or activities to 
        be carried out under the Plan, including responsibilities that 
        require review under NEPA, section 306108 of title 54, United 
        States Code (commonly known as the ``National Historic 
        Preservation Act''), and other applicable Federal law, to 
        participate in the streamlined permitting and review process 
        described in this section.
            (2) Lead agency.--The Department shall be the lead Federal 
        agency responsible for implementation of this Act.
    (b) Participating Agencies.--
            (1) In general.--A Federal agency invited under subsection 
        (a) shall be designated as a participating agency for a Plan, 
        unless the Federal agency informs the Secretary in writing not 
        later than 14 days after the date on which the Federal agency 
        receives the invitation from the Secretary under that 
        subsection that the Federal agency--
                    (A) has no jurisdiction or review, permitting, or 
                other authorization responsibility with respect to the 
                services or activities to be carried out under the 
                Plan; or
                    (B) does not intend to exercise review, permitting, 
                or other authorization responsibility relating to, or 
                submit comments on, implementation of the Plan.
            (2) Changed circumstances.--At the request of a Federal 
        agency based on a showing of changed circumstances, the 
        Secretary may designate a Federal agency that has opted out 
        under paragraph (1)(A) to be a participating agency.
            (3) Effect.--Designation as a participating agency under 
        paragraph (1) shall not grant the participating agency 
        authority or jurisdiction over--
                    (A) the Plan; or
                    (B) the services and activities to be carried out 
                under the Plan beyond the existing statutory authority 
                of the participating agency, if any, to approve 
                particular services or activities under the Plan.
    (c) Coordinated Project Schedule.--
            (1) In general.--Not later than 60 days after the date on 
        which a Plan submitted to the Secretary is approved by the 
        Secretary under section 108, the Secretary and the applicable 
        Indian Tribe, in consultation with each participating agency 
        designated under subsection (b)(1), shall develop a coordinated 
        project schedule for completing any review and obtaining any 
        permit or other authorization required to carry out the 
        services and activities under the Plan, except those 
        requirements waived under section 107.
            (2) Required information.--
                    (A) In general.--A coordinated project schedule 
                shall include the following information:
                            (i) A list of, and roles and 
                        responsibilities for, all participating 
                        agencies with review, permitting, or other 
                        authorization responsibility for services or 
                        activities under the Plan.
                            (ii) A discussion of potential avoidance, 
                        minimization, and mitigation strategies, if 
                        known and required by applicable Federal law.
                            (iii) A plan and schedule for public and 
                        Tribal outreach and coordination, to the extent 
                        required by applicable Federal law.
                            (iv) If applicable, an environmental review 
                        timetable, as described in subsection (d).
                    (B) Updates.--The information described in 
                subparagraph (A) shall be updated by the Secretary not 
                less frequently than once per quarter.
    (d) Environmental Review Timetable.--
            (1) Establishment.--As part of a coordinated project 
        schedule, the Secretary, in consultation with the applicable 
        Indian Tribe, each participating agency, and, if appropriate, 
        any State in which the relevant services or activities in the 
        Plan are located, shall establish an environmental review 
        timetable that includes intermediate and final completion dates 
        for all required environmental reviews necessary for each 
        permit or other authorization required by a participating 
        agency to support completion of the services or activities in 
        the Plan that have not otherwise been waived under section 107, 
        including any review required pursuant to NEPA.
            (2) Term.--To the maximum extent practicable, and 
        consistent with applicable Federal law, an environmental review 
        timetable established under paragraph (1) shall not exceed an 
        overall term of 1 year after a Plan is approved.
            (3) Determinations.--If a participating agency is required 
        to issue a determination with respect to an environmental 
        review, permit, or other authorization as part of the 
        coordinated project schedule described in paragraph (1), the 
        participating agency shall issue the determination not later 
        than 90 days after all the required information for the 
        environmental review, permit, or other authorization is in 
        possession of the participating agency.
            (4) Delay.--If the Secretary determines that an 
        environmental review, permit, or other authorization will not 
        be completed or issued in accordance with this subsection, the 
        Secretary shall--
                    (A) notify the participating agency responsible for 
                completing the environmental review or issuing the 
                permit or other authorization of the discrepancy; and
                    (B) request that the participating agency take such 
                measures as the Secretary, in consultation with the 
                participating agency, determines appropriate to comply 
                with that environmental review timetable.
    (e) Coordination of Required Reviews and Authorizations.--
            (1) Concurrent reviews.--To efficiently integrate the 
        exercise of review, permitting, and other authorization 
        responsibilities, each participating agency shall, to the 
        maximum extent practicable--
                    (A) carry out the responsibilities of the 
                participating agency with respect to a Plan 
                concurrently, and in conjunction with, the 
                responsibilities of other participating agencies, 
                including reviews required under NEPA and section 
                306108 of title 54, United States Code (commonly known 
                as the ``National Historic Preservation Act''), unless 
                the participating agency determines that doing so would 
                impair the ability of the participating agency to carry 
                out the other statutory obligations of the 
                participating agency;
                    (B) formulate and implement administrative, policy, 
                and procedural mechanisms to enable the participating 
                agency to ensure completion of the process for reviews 
                and issuance of permits and other authorizations in a 
                timely, coordinated, and responsible manner; and
                    (C) where an environmental impact statement is 
                required for services or activities in a Plan pursuant 
                to section 102(2)(C) of NEPA (42 U.S.C. 4332(2)(C)), 
                prepare a single, interagency environmental impact 
                statement for the services or activities unless the 
                Secretary provides justification in the coordinated 
                project schedule that multiple environmental impact 
                statements are more efficient.
            (2) Adoption, incorporation by reference, and use of 
        documents.--
                    (A) In general.--On the request of an Indian Tribe, 
                the Secretary shall consider and, as appropriate, adopt 
                or incorporate by reference, the analysis and 
                documentation prepared for a Plan under the laws and 
                procedures of the Indian Tribe as the documentation, or 
                part of the documentation, required to complete a 
                review or issue a permit or other authorization for the 
                Plan.
                    (B) NEPA compliance.--A document adopted under 
                subparagraph (A) or a document that includes 
                documentation incorporated under that subparagraph may 
                serve as the documentation required for an 
                environmental review or a supplemental environmental 
                review required to be prepared by a lead agency 
                pursuant to NEPA.
            (3) Presumption of negative impacts of taking no action.--
        For all environmental reviews required pursuant to NEPA that 
        require consideration of a no action alternative, there shall 
        be a presumption that, given the ongoing threats addressed by 
        this Act, the effects of taking no action will be negative for 
        the Indian Tribe.
    (f) Petition to Court.--
            (1) Right to petition.--An Indian Tribe may obtain a review 
        of an alleged failure by a participating agency to act in 
        accordance with an applicable deadline described in a 
        coordinated project schedule by filing a written petition with 
        a court of competent jurisdiction seeking an order under 
        paragraph (2).
            (2) Court order.--If a court of competent jurisdiction 
        finds that a participating agency has failed to act in 
        accordance with an applicable deadline described in paragraph 
        (1), the court shall set a schedule and deadline for the 
        participating agency to act as soon as practicable, which shall 
        not exceed 90 days from the date on which the order of the 
        court is issued, unless the court determines a longer time is 
        necessary to comply with applicable law.

SEC. 203. EXPEDITED FEE-TO-TRUST PROCESS FOR PLAN IMPLEMENTATION.

    (a) Mandatory Trust Acquisitions.--On request of an Indian Tribe, 
the Secretary shall take land into trust for the benefit of the Indian 
Tribe if the Indian Tribe--
            (1) acquired the land using funds distributed in accordance 
        with a Plan; or
            (2) after the Indian Tribe acquires the land, the Secretary 
        determines the Indian Tribe faces imminent environmental risk 
        if not able to immediately relocate.
    (b) Discretionary Trust Acquisitions.--On request of an Indian 
Tribe, the Secretary may take into trust for the benefit of the Indian 
Tribe any land owned by the Indian Tribe and intended for use pursuant 
to a Plan, regardless of when the land was acquired, in accordance with 
this section and the procedures described in part 151 of title 25, Code 
of Federal Regulations (or successor regulations), except that--
            (1)(A) the Indian Tribe shall not be subject to the 
        documentation requirements described in that part; but
            (B) the Indian Tribe shall be required to consult with the 
        Secretary to ensure the necessary information for the trust 
        acquisition request is included in the Plan (or in subsequent 
        materials); and
            (2) the Secretary shall--
                    (A) evaluate the trust acquisition request using 
                the procedures for an on-reservation acquisition 
                pursuant to 25 CFR 151.9(c) or an initial Indian 
                acquisition pursuant to 25 CFR 151.12(c) (as in effect 
                on the date of the enactment of this Act), as 
                applicable, regardless of the actual location of the 
                land;
                    (B) evaluate the request using the environmental 
                review process described in section 202, as applicable; 
                and
                    (C) act on the request of an Indian Tribe in 
                accordance with the timeframe for approving or denying 
                a Plan under section 108.

SEC. 204. STREAMLINED FUNDING FRAMEWORK IMPLEMENTATION.

    (a) In General.--The Secretary, in consultation with the applicable 
Indian Tribe, shall lead all affected agencies with funding integrated 
into a Plan in developing and implementing the streamlined funding 
frameworks described in this section.
    (b) Streamlined Funding Framework.--
            (1) In general.--In consultation with the applicable Indian 
        Tribe, the Secretary shall develop a streamlined funding 
        framework for each Plan that details how funding sources will 
        be coordinated for the Federal programs integrated into a Plan, 
        consistent with the requirements of this Act.
            (2) Required information.--
                    (A) In general.--Each streamlined funding framework 
                developed under paragraph (1) shall include the 
                following information:
                            (i) A list of, and roles and 
                        responsibilities for, all affected agencies 
                        with Federal programs integrated into a Plan.
                            (ii) A funding timetable establishing a 
                        comprehensive schedule of dates by which--
                                    (I) all funds are expected to be 
                                apportioned to the affected agencies; 
                                and
                                    (II) those funds shall be 
                                transferred to the Secretary and 
                                disbursed to the Indian Tribe, in 
                                accordance with the requirements of 
                                section 205.
                    (B) Updates.--The information described in 
                subparagraph (A) shall be updated by the Secretary not 
                less frequently than once per quarter.
            (3) Affected agencies.--To efficiently and effectively 
        integrate funding from Federal programs according to a Plan, 
        each affected agency shall, to the maximum extent practicable--
                    (A) formulate and implement administrative, policy, 
                and procedural mechanisms to enable the affected agency 
                to coordinate funding with the funding sources of other 
                affected agencies; and
                    (B) carry out the obligations of the affected 
                agency with respect to a Plan under any other 
                applicable Federal law concurrently, and in conjunction 
                with, other affected agencies, unless the affected 
                agency determines that doing so would impair the 
                ability of the affected agency to carry out other 
                statutory obligations of the affected agency.

SEC. 205. TRANSFER AND DISTRIBUTION OF FUNDS.

    (a) Responsibility.--The Secretary shall be responsible for--
            (1) the receipt of all funds covered by a Plan approved by 
        the Secretary under section 108; and
            (2) the distribution of those funds to the applicable 
        Indian Tribe by not later than 45 days after the date on which 
        the Secretary receives those funds from the affected agency.
    (b) Set-Asides.--Notwithstanding any other provision of law--
            (1) an affected agency may establish and implement, for the 
        purposes of carrying out this Act, a set-aside of funding for 
        Indian Tribes from any Federal program the affected agency 
        administers; and
            (2) the amount for a set-aside described in paragraph (1) 
        shall be not less than 10 percent of the total appropriations 
        made available for the applicable Federal program.
    (c) Transfer of Funds.--Notwithstanding any other provision of law, 
not later than 30 days after the date on which funds are apportioned to 
an affected agency to carry out a Federal program integrated into a 
Plan, the head of the affected agency that administers the Federal 
program integrated into the Plan shall transfer those funds, through a 
nonexpenditure transfer, to the Secretary for distribution to an Indian 
Tribe.
    (d) Distribution of Funds.--Notwithstanding any other provision of 
law, at the request of an Indian Tribe, all funds distributed to the 
Indian Tribe in accordance with a Plan shall be distributed to the 
Indian Tribe pursuant to an existing contract, compact, or funding 
agreement entered into under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5301 et seq.).
    (e) Emergency Distribution of Funds.--Notwithstanding any other 
provision of law, the Secretary may, at the request of an Indian Tribe, 
distribute limited funding on an interim basis before the date on which 
the Secretary approves a Plan under section 108.

SEC. 206. ADMINISTRATION OF FUNDS.

    (a) Requirements.--
            (1) In general.--
                    (A) Consolidation and reallocation of funds.--
                Notwithstanding any other provision of law, all funds 
                transferred to an Indian Tribe pursuant to a Plan may 
                be consolidated, reallocated, and rebudgeted for any 
                purpose in the Plan, without additional Federal 
                approval or a waiver under section 107, to best meet 
                the needs of the applicable Indian Tribe.
                    (B) Authorized use of funds.--Funds used to carry 
                out a Plan shall be administered in such a manner as 
                the Secretary determines to be appropriate to ensure 
                the funds are spent on services and activities carrying 
                out the purposes authorized under the Plan.
                    (C) Effect.--Nothing in this section interferes 
                with the ability of the Secretary to use accounting 
                procedures that conform to generally accepted 
                accounting principles, auditing procedures, and 
                safeguarding of funds that conform to chapter 75 of 
                title 31, United States Code (commonly known as the 
                ``Single Audit Act of 1984'').
            (2) Separate records and audits not required.--
        Notwithstanding any other provision of law (including 
        regulations and circulars of any agency (including Office of 
        Management and Budget Circular A-133)), an Indian Tribe that 
        has in place a Plan approved under section 108 shall not be 
        required--
                    (A) to maintain separate records that trace any 
                service or activity conducted under the Plan to the 
                Federal program for which the funds were initially 
                authorized or transferred;
                    (B) to allocate expenditures among those Federal 
                programs;
                    (C) to audit expenditures by the original source of 
                the Federal program; or
                    (D) to report on or in accordance with any 
                requirements associated with the underlying Federal 
                program, where instead only 1 annual report on the Plan 
                is required pursuant to the model report developed by 
                the Secretary under section 201(b)(1).
    (b) Carryover.--
            (1) In general.--Any funds transferred to an Indian Tribe 
        under section 205(c) that are not obligated or expended prior 
        to the beginning of the fiscal year after the fiscal year for 
        which the funds were appropriated shall remain available for 
        obligation or expenditure, without fiscal year limitation, 
        subject to the condition that the funds shall be obligated or 
        expended in accordance with the Plan of the Indian Tribe.
            (2) No additional documentation.--An Indian Tribe shall not 
        be required to provide any additional justification or 
        documentation of the purposes of a Plan as a condition of 
        receiving or expending carryover funds described in paragraph 
        (1).
    (c) Indirect Costs.--Notwithstanding any other provision of law, an 
Indian Tribe shall be entitled to recover 100 percent of any indirect 
costs incurred by the Indian Tribe as a result of the transfer of funds 
to the Indian Tribe under section 205(c).
    (d) Matching Funds.--Notwithstanding any other provision of law, 
any funds transferred to an Indian Tribe under section 205(c) shall be 
treated as non-Federal funds for purposes of meeting matching 
requirements under any other Federal law.
    (e) Interest or Other Income.--An Indian Tribe shall be entitled to 
retain interest earned on any funds transferred to the Indian Tribe 
under section 205(c) and that interest shall not diminish the amount of 
funds the Indian Tribe is authorized to receive under the Plan in the 
year the interest is earned (or in any subsequent fiscal year).

SEC. 207. NO REDUCTION IN AMOUNTS.

    (a) In General.--In no case shall the amount of Federal funds 
available to an Indian Tribe that seeks to propose a Plan under section 
106 be reduced as a result of--
            (1) the enactment of this Act; or
            (2) the approval or implementation of a Plan of the Indian 
        Tribe.
    (b) Interaction With Other Laws.--The integration of a Federal 
program into a Plan shall not--
            (1) modify, limit, or otherwise affect the eligibility of 
        the Federal program for contracting under the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5301 et 
        seq.); or
            (2) eliminate the applicability of any provision of that 
        Act, as the provision relates to a specific Federal program 
        eligible for contracting under that Act.

SEC. 208. INTERDEPARTMENTAL MEMORANDUM OF AGREEMENT.

    (a) Memorandum of Agreement Required.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Office of the Assistant Secretary 
        for Indian Affairs shall lead the Federal partners in 
        negotiating and entering into an interdepartmental memorandum 
        of agreement providing for the implementation of this Act.
            (2) Tribal consultation.--In negotiating and entering to an 
        interdepartmental memorandum of agreement under paragraph (1), 
        the Department and the Federal partners shall consult with 
        representatives of Indian Tribes.
    (b) Requirements and Restrictions.--The interdepartmental 
memorandum of agreement required under subsection (a)(1)--
            (1) shall include provisions relating to--
                    (A) interagency cooperation with respect to the 
                procedures for approval of Plans by the Secretary under 
                section 108 and the granting of waivers by affected 
                agencies under section 107;
                    (B) establishing a Tribal working group to advise 
                the Federal partners on overall program management and 
                implementation; and
                    (C) ensuring an annual meeting between the Federal 
                partners and the Tribal working group described in 
                subparagraph (B); and
            (2) shall not--
                    (A) introduce additional criteria for Federal 
                program eligibility;
                    (B) limit the role of the Department as the lead 
                Federal agency responsible for implementation of this 
                Act; or
                    (C) restrict the role of the Secretary and 
                exclusive decisionmaking authority for all Federal 
                actions under this Act, including the sole and 
                exclusive authority to determine whether a Federal 
                program is eligible for integration into a Plan.
    (c) Applicability.--Chapter 10 of title 5, United States Code 
(commonly known as the ``Federal Advisory Committee Act''), shall not 
apply to the Tribal working group described in subsection (b)(1)(B) or 
any Federal agency coordinating with that Tribal working group.
    (d) Detail of Federal Employees.--An employee of the Federal 
Government may be detailed to the Department for the purposes of 
carrying out this Act without reimbursement and without interruption or 
loss of civil service status or privilege.

SEC. 209. REPORT REQUIRED.

    Not later than 2 years after the date of enactment of this Act, the 
Secretary, in consultation with affected agencies and representatives 
of Indian Tribes, shall submit to the Committee on Indian Affairs of 
the Senate and the Committee on Natural Resources of the House of 
Representatives a report on the status of the implementation of this 
Act.
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