[Congressional Record Volume 146, Number 12 (Thursday, February 10, 2000)]
[Senate]
[Pages S614-S616]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 2052. A bill to establish a demonstration project to authorize the 
integration and coordination of Federal funding dedicated to community, 
business, and the economic development of Native American communities; 
to the Committee on Indian Affairs.


       indian tribal development consolidated funding act of 2000

  Mr. CAMPBELL. Mr. President, though there are glimmers of hope in 
Native communities, most Native Americans remain racked by 
unemployment, mired in poverty, and rank at or near the bottom of 
nearly every social and economic indicator in the nation.
  For years the Committee on Indian Affairs, which I chair, has made 
strengthening Indian economies a top priority. Healthy tribal economies 
and lower unemployment rates are imperative if tribes are to achieve 
the goals of self-sufficiency and true self-determination.
  Although federal economic development assistance has been available 
for years, poverty, ill health, and unemployment remain rampant.
  One of the reasons for the lack of success despite spending billions 
of dollars, is the lack of a consistent or consolidated federal policy 
to target development resources. Indian business, economic and 
community development programs span the entire federal government and 
for any given project undertaken by a tribe, there may be 6 to 8 or 
more agencies involved. This fragmentation and lack of coordination is 
not producing the kind of progress Indian country so badly needs.
  To begin to remedy this problem, today I am pleased to introduce 
legislation that builds on the most successful federal Indian policy to 
date: Indian self-determination.
  The Indian Self-Determination and Education Assistance Act, which was 
enacted in 1975, authorizes Indian tribes and tribal consortia to 
``step into the shoes'' of the federal government to administer 
programs and services historically provided by the United States.
  This Act has worked as it was intended and has resulted in improved 
efficiency of program delivery and service quality; better managed 
tribal institutions; stronger tribal economies; and a general shift 
away from federal control over Indian lives to more local, tribal 
authority.
  What began as a Demonstration Project in 1975 has blossomed as more 
and more tribal governments realize the benefits of self governance.
  As of 1999, nearly 48% of all Bureau of Indian Affairs (BIA) and 50% 
of all Indian Health Service (IHS) programs and services have been 
assumed by tribes under the Indian Self-Determination Act.
  The legislation I introduce today will begin the second phase of the 
Self-Determination experiment by assistant Indian tribes in their use 
and maximization of existing federal resources for purposes of economic 
development.
  By authorizing tribes and tribal consortia to consolidate and target 
existing federal funds for development purposes, this bill will promote 
a more efficient use of federal resources. Perhaps more importantly, 
the legislation will lay the foundation for a development strategy that 
looks to employment creation, investment and improved standards of 
living in Indian country as the real measure of a successful 
development policy.
  One of the key goals of this bill is to eliminate inconsistencies and 
duplication in federal policies that continue to be a barrier to Indian 
development through the issuance of uniform regulations and policies 
governing the use of funds across federal agencies.
  By authorizing federal-tribal arrangements to combine and coordinate 
federal resources, this bill will make the best use of existing federal 
programs to assist tribes in attracting private investment and capital 
onto Indian reservations.
  Already in this session we have addressed other building blocks to 
Indian development such as financing housing construction and physical 
infrastructure, the need for good governance practices at the federal 
and tribal levels, ensuring adequate capital for entrepreneurs, and 
encouraging private sector investment into Native communities.
  I am hopeful that the legislation I introduce today will signal a new 
day for how the federal government assists Native communities in 
creating jobs and building a better future for their members.
  I ask unanimous consent that a copy of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2052

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. TITLE.

       The Act may be cited as the ``Indian Tribal Development 
     Consolidated Funding Act of 2000''.

     SEC. 2. FINDINGS; PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) A unique legal and political relationship exists 
     between the United States and Indian tribes that is reflected 
     in article I, clause 3 of the Constitution of the United 
     States, various treaties, Federal statutes, Supreme Court 
     decisions, executive agreements, and course of dealing.
       (2) Despite the infusion of substantial Federal dollars 
     into Native American communities over several decades, the 
     majority of Native Americans remain mired in poverty, 
     unemployment, and despair.
       (3) The efforts of the United States to foster community, 
     economic, and business development in Native American 
     communities have been hampered by fragmentation of authority, 
     responsibility and performance and by lack of timeliness and 
     coordination in resources and decision-making.
       (4) The effectiveness of Federal and tribal efforts to 
     generate employment opportunities and bring value-added 
     activities and economic growth to Native American communities 
     depends on cooperative arrangements among the various Federal 
     agencies and Indian tribes.
       (b) Purposes.--It is the purpose of this Act to--
       (1) enable Indian tribes and tribal organizations to use 
     available Federal assistance more effectively and 
     efficiently;
       (2) adapt and target such assistance more readily to 
     particular needs through wider use of projects that are 
     supported by more than 1 executive agency, assistance 
     program, or appropriation of the Federal Government;
       (3) encourage Federal-tribal arrangements under which 
     Indian tribes and tribal organizations may more effectively 
     and efficiently combine Federal and tribal resources to 
     support economic development projects;
       (4) promote the coordination of Native American economic 
     programs to maximize the benefits of these programs to 
     encourage a more consolidated, national policy for economic 
     development; and
       (5) establish a demonstration project to aid Indian tribes 
     in obtaining Federal resources and in more efficiently 
     administering these resources for the furtherance of tribal 
     self-governance and self-determination.

     SEC. 3. DEFINITIONS.

       In this title:
       (1) Applicant.--The term ``applicant'' means an Indian 
     tribe or tribal organization applying for assistance for a 
     community, economic, or business development project, 
     including facilities to improve the environment, housing, 
     roads, community facilities, business and industrial 
     facilities, transportation, roads and highway, and community 
     facilities.
       (2) Assistance.--The term ``assistance'' means the transfer 
     of anything of value for a public purpose or support or 
     stimulation that is--
       (A) authorized by a law of the United States; and
       (B) provided by the Federal Government through grant or 
     contractual arrangements, including technical assistance 
     programs providing assistance by loan, loan guarantee, or 
     insurance.
       (3) Assistance program.--The term ``assistance program'' 
     means any program of the Federal Government that provides 
     assistance for which Indian tribes or tribal organizations 
     are eligible.
       (4) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given such term in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)).
       (5) Project.--The term ``project'' means an undertaking 
     that includes components that contribute materially to 
     carrying out 1 purpose or closely-related purposes that are 
     proposed or approved for assistance under more than 1 Federal 
     Government program.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) Tribal organization.--The term ``tribal organization'' 
     has the meaning given such term in section 4(l) of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b(l)).

[[Page S615]]

     SEC. 4. LEAD AGENCY.

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

     SEC. 5. SELECTION OF PARTICIPATING TRIBES.

       (a) Participants.--
       (1) In general.--The Secretary may select not to exceed 24 
     Indian tribes in each fiscal year from the applicant pool 
     described in subsection (b) to participate in the projects 
     carried out under this Act.
       (2) Consortia.--Two or more Indian tribes that are 
     otherwise eligible to participate in a program or activity to 
     which this Act applies may form a consortium to participate 
     as a single Indian tribe under paragraph (1).
       (b) Applicant Pool.--The applicant pool described in this 
     subsection shall consist of each Indian tribe that--
       (1) successfully completes the planning phase described in 
     subsection (c);
       (2) has requested participation in a project under this Act 
     through a resolution or other official action of the tribal 
     governing body; and
       (3) has demonstrated, for the 3 fiscal years immediately 
     preceding the fiscal year for which the requested 
     participation is being made, financial stability and 
     financial management capability as demonstrated by the Indian 
     tribe having no material audit exceptions in the required 
     annual audit of the self-determination contracts of the 
     tribe.
       (c) Planning Phase.--Each Indian tribe seeking to 
     participate in a project under this Act shall complete a 
     planning phase that shall include legal and budgetary 
     research and internal tribal government and organizational 
     preparation. The tribe shall be eligible for a grant under 
     this section to plan and negotiate participation in a project 
     under this Act.

     SEC. 6. AUTHORITY OF HEADS OF EXECUTIVE AGENCIES.

       (a) In General.--The President, acting through the heads of 
     the appropriate executive agencies, shall promulgate 
     regulations necessary to carry out this Act and to ensure 
     that this Act is applied and implemented by all executive 
     agencies.
       (b) Scope of Coverage.--The executive agencies that are 
     included within the scope of this Act shall include--
       (1) the Department of Agriculture;
       (2) the Department of Commerce;
       (3) the Department of Defense;
       (4) the Department of Education;
       (5) the Department of Health and Human Services;
       (6) the Department of Housing and Urban Development;
       (7) the Department of the Interior;
       (8) the Department of Labor; and
       (9) the Environmental Protection Agency.
       (c) Activities.--Notwithstanding any other provision of 
     law, the head of each executive agency, acting alone or 
     jointly through an agreement with another executive agency, 
     may--
       (1) identify related Federal programs that are likely to be 
     particularly suitable in providing for the joint financing of 
     specific kinds of projects;
       (2) assist in planning and developing projects to be 
     financed through different Federal programs;
       (3) with respect to Federal programs or projects that are 
     identified or developed under paragraphs (1) or (2), develop 
     and prescribe--
       (A) guidelines;
       (B) model or illustrative projects;
       (C) joint or common application forms; and
       (D) other materials or guidance;
       (4) review administrative program requirements to identify 
     those requirements that may impede the joint financing of 
     projects and modify such requirement when appropriate;
       (5) establish common technical and administrative 
     regulations for related Federal programs to assist in 
     providing joint financing to support a specific project or 
     class of projects; and
       (6) establish joint or common application processing and 
     project supervision procedures, including procedures for 
     designating--
       (A) a lead agency responsible for processing applications; 
     and
       (B) a managing agency responsible for project supervision.
       (d) Requirements.--In carrying out this Act, the head of 
     each executive agency shall--
       (1) take all appropriate actions to carry out this Act when 
     administering a Federal assistance program; and
       (2) consult and cooperate with the heads of other executive 
     agencies to carry out this Act in assisting in the 
     administration of Federal assistance programs of other 
     executive agencies that may be used to jointly finance 
     projects undertaken by Indian tribes or tribal organizations.

     SEC. 7. PROCEDURES FOR PROCESSING REQUESTS FOR JOINT 
                   FINANCING.

       In processing an application or request for assistance for 
     a project to be financed in accordance with this Act by at 
     least 2 assistance programs, the head of an executive agency 
     shall take all appropriate actions to ensure that--
       (1) required reviews and approvals are handled 
     expeditiously;
       (2) complete account is taken of special considerations of 
     timing that are made known to the head of the agency involved 
     by the applicant that would affect the feasibility of a 
     jointly financed project;
       (3) an applicant is required to deal with a minimum number 
     of representatives of the Federal Government;
       (4) an applicant is promptly informed of a decision or 
     special problem that could affect the feasibility of 
     providing joint assistance under the application; and
       (5) an applicant is not required to get information or 
     assurances from 1 executive agency for a requesting executive 
     agency when the requesting agency makes the information or 
     assurances directly.

     SEC. 8. UNIFORM ADMINISTRATIVE PROCEDURES.

       (a) In General.--To make participation in a project simpler 
     than would otherwise be possible because of the application 
     of varying or conflicting technical or administrative 
     regulations or procedures that are not specifically required 
     by the statute that authorizes the Federal program under 
     which such project is funded, the head of an executive agency 
     may promulgate uniform regulations concerning inconsistent or 
     conflicting requirements with respect to--
       (1) the financial administration of the project including 
     accounting, reporting and auditing, and maintaining a 
     separate bank account, to the extent consistent with this 
     Act;
       (2) the timing of payments by the Federal Government for 
     the project when 1 payment schedule or a combined payment 
     schedule is to be established for the project;
       (3) the provision of assistance by grant rather than 
     procurement contract; and
       (4) the accountability for, or the disposition of, records, 
     property, or structures acquired or constructed with 
     assistance from the Federal Government under the project.
       (b) Review.--In making the processing of applications for 
     assistance under a project simpler under this Act, the head 
     of an executive agency may provide for review of proposals 
     for a project by a single panel, board, or committee where 
     reviews by separate panels, boards, or committees are not 
     specifically required by the statute that authorizes the 
     Federal program under which such project is funded.

     SEC. 9. DELEGATION OF SUPERVISION OF ASSISTANCE.

       Pursuant to regulations established to implement this Act, 
     the head of an executive agency may delegate or otherwise 
     enter into an arrangement to have another executive agency 
     carry out or supervise a project or class or projects jointly 
     financed in accordance with this Act. Such a delegation--
       (1) shall be made under conditions ensuring that the duties 
     and powers delegated are exercised consistent with Federal 
     law; and
       (2) may not be made in a manner that relieves the head of 
     an executive agency of responsibility for the proper and 
     efficient management of a project for which the agency 
     provides assistance.

     SEC. 10. JOINT ASSISTANCE FUNDS AND PROJECT FACILITATION.

       (a) Joint Assistance Fund.--In providing support for a 
     project in accordance with this Act, the head of an executive 
     agency may provide for the establishment by the applicant of 
     a joint assistance fund to ensure that amounts received from 
     more than 1 Federal assistance program or appropriation are 
     more effectively administered.
       (b) Agreement.--A joint assistance fund may only be 
     established under subsection (a) in accordance with an 
     agreement by the executive agencies involved concerning the 
     responsibilities of each such agency. Such an agreement 
     shall--
       (1) ensure the availability of necessary information to the 
     executive agencies and Congress;
       (2) provide that the agency administering the fund is 
     responsible and accountable by program and appropriation for 
     the amounts provided for the purposes of each account in the 
     fund; and
       (3) include procedures for returning an excess amount in 
     the fund to participating executive agencies under the 
     applicable appropriation (an excess amount of an expired 
     appropriation lapses from the fund).

     SEC. 11. FINANCIAL MANAGEMENT, ACCOUNTABILITY AND AUDITS.

       (a) Single Audit Act.--Recipients of funding provided in 
     accordance with this Act shall be subject to the provisions 
     of chapter 75 of title 31, United States Code.
       (b) Records.--With respect to each project financed through 
     an account in a joint management fund established under 
     section 10, the recipient of amounts from the fund shall 
     maintain records as required by the head of the executive 
     agencies responsible for administering the fund. Such records 
     shall include--
       (1) the amount and disposition by the recipient of 
     assistance received under each Federal assistance program and 
     appropriation;
       (2) the total cost of the project for which such assistance 
     was given or used;
       (3) that part of the cost of the project provided from 
     other sources; and
       (4) other records that will make it easier to conduct an 
     audit of the project.
       (c) Availability.--Records of a recipient related to an 
     amount received from a joint management fund under this Act 
     shall be made available to the head of the executive agency 
     responsible for administering the fund and the Comptroller 
     General for inspection and audit.

     SEC. 12. TECHNICAL ASSISTANCE AND PERSONNEL TRAINING.

       Amounts available for technical assistance and personnel 
     training under any Federal assistance program shall be 
     available for technical assistance and training under a 
     project

[[Page S616]]

     approved for joint financing under this Act where a portion 
     of such financing involves such Federal assistance program 
     and another assistance program.

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

       Under regulations promulgated under this Act, the head of 
     an executive agency may enter into an agreement with a State 
     to extend the benefits of this Act to a project that involves 
     assistance from at least 1 executive agency and at least 1 
     tribal agency or instrumentality. The agreement may include 
     arrangements to process requests or administer assistance on 
     a joint basis.

     SEC. 14. REPORT TO CONGRESS.

       Not later than 1 year after the date of enactment of this 
     Act, the President shall prepare and submit to Congress a 
     report concerning the actions taken under this Act together 
     with recommendations for the continuation of this Act or 
     proposed amendments thereto. Such report shall include a 
     detailed evaluation of the operation of this Act, including 
     information on the benefits and costs of jointly financed 
     projects that accrue to participating Indian tribes and 
     tribal organizations.
                                 ______