[Congressional Record Volume 147, Number 22 (Thursday, February 15, 2001)]
[Senate]
[Pages S1471-S1474]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (for himself and Mr. Inouye):
  S. 343. A bill to establish a demonstration project to authorize the 
integration and coordination of Federal funding dedicated to the 
community, business, and economic development of Native American 
communities; to the Committee on Indian Affairs.
  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 of well-being that is 
tallied.
  For years the Committee on Indian Affairs 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 on most 
Indian reservations.
  One reason for the lack of success, despite spending billions of 
dollars promoting Indian economic development, is the absence of a 
consistent and consolidated federal mechanism that targets development 
resources to the areas and projects that are most promising. 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 results 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, and seeks to expand the principles of 
self-determination, and seeks to expand the principles of self-
determination to the economic development realm.
  The Indian Self-Determination and Education Assistance Act of 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; increased tribal 
administrative acumen; better managed tribal institutions; stronger 
tribal economies; and a positive and healthy shift away from federal 
control over Indian lives to more flexible decision making and local 
control.
  What began as a demonstration project in 1975 has blossomed into an 
every-increasing number of tribal governments that have come to realize 
the benefits of self-governance.

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  As of 1999, nearly 48 percent of all Bureau of Indian Affairs, BIA, 
and 50 percent of all Indian Health Service, IHS, programs and services 
have been assumed by tribes pursuant to Indian Self-Determination Act 
contracts and compacts.
  The legislation I introduce today will launch the second phase of the 
self-determination experiment by assisting Indian tribes in their use 
and maximization of existing resources for purposes of economic 
development.
  By authorizing tribes and tribal consortia to consolidate and target 
existing funds for development purposes, this bill will promote a more 
efficient use of those resources. Perhaps more importantly, this 
legislation will lay the foundation for a coordinated development 
strategy that looks to employment creation, investment and improved 
standards of living in Indian country rather than how much money is 
spent by the federal government as the real measure of a successful 
development policy.
  One goal 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 agencies.
  Similar to the demonstration project that will be authorized by this 
bill is the 477 Program which was created by Public Law 102-477. Under 
the 477 Program, tribes are eligible to consolidate all federally 
funded employment training and related services into a single, fully 
integrated program. This integration promotes tribal flexibility and 
efficiency, and has been one of the few successes in federal Indian 
economic development.
  By authorizing federal-tribal arrangements to combine and coordinate 
resources, this bill will make the best use of existing programs to 
assist tribes in attracting private investment and capital into Indian 
reservations.
  In the 106th Congress, the Committee on Indian Affairs held a hearing 
on an almost identical version of this bill. At the hearing, the 
committee received testimony strongly supporting the type of 
consolidation and coordination of federal resources represented in this 
legislation.
  I am hopeful that the legislation introduced 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 the text 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. 343

       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 2001''.

     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, section 8, clause 3 of the Constitution, 
     various treaties, Federal statutes, Supreme Court decisions, 
     executive agreements, and course of dealing.
       (2) Despite the infusion of 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.--The purpose of this Act are 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 those resources for the furtherance of tribal 
     self-governance and self-determination.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Applicant.--The term ``applicant'' means an Indian 
     tribe or tribal organization, or a consortium of Indian 
     tribes or tribal organizations, that submits an application 
     under this Act for assistance for a community, economic, or 
     business development project, including a project designed to 
     improve the environment, housing facilities, community 
     facilities, business or industrial facilities, or 
     transportation, roads, or highways with respect to the Indian 
     tribe, tribal organization, or consortium.
       (2) Assistance.--The term ``assistance'' means the transfer 
     of anything of value for a public purpose, support, or 
     stimulation that is--
       (A) authorized by a law of the United States;
       (B) provided by the Federal Government through grant or 
     contractual arrangements, including technical assistance 
     programs providing assistance by loan, loan guarantee, or 
     insurance; and
       (C) authorized to include an Indian tribe or tribal 
     organization, or a consortium of Indian tribes or tribal 
     organizations, as eligible for receipt of funds under a 
     statutory or administrative formula for the purposes of 
     community, economic, or business development.
       (3) Assistance program.--The term ``assistance program'' 
     means any program of the Federal Government that provides 
     assistance for which Indian tribes or tribal organizations 
     are eligible.
       (4) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given 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 a 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)).

     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 from the 
     applicant pool described in subsection (b) Indian tribes or 
     tribal organizations, not to exceed 24 in each fiscal year, 
     to submit an application to carry out a project under this 
     Act.
       (2) Consortia.--Two or more Indian tribes or tribal 
     organizations that are otherwise eligible to participate in a 
     program or activity to which this Act applies may form a 
     consortium to participate as an applicant under paragraph 
     (1).
       (b) Applicant Pool.--The applicant pool described in this 
     subsection shall consist of each Indian tribe or tribal 
     organization that--
       (1) successfully completes the planning phase described in 
     subsection (c);
       (2) 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 or tribal organization, or each member of a consortium 
     of tribes or tribal organizations, having no material audit 
     exceptions in the required annual audit of the self-
     determination contracts of the tribe or tribal organization.
       (c) Planning Phase.--Each applicant 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 
     applicant shall be eligible for a grant under this section to 
     plan and negotiate participation in a project under this Act.

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

       (a) Requirements.--Each applicant seeking to participate in 
     a project under this Act shall submit an application to the 
     head of the Federal executive agency responsible for 
     administering the primary Federal program to be affected by 
     the project that--
       (1) identifies the programs to be integrated;
       (2) is consistent with the purposes set forth in section 
     2(b);
       (3) describes a comprehensive strategy that identifies the 
     way in which Federal funds are to be integrated and delivered 
     under the project and the results expected from the project;
       (4) identifies the projected expenditures under the project 
     in a single budget;

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       (5) identifies the agency or agencies of the tribal 
     government that are to be involved in the implementation of 
     the project;
       (6) identifies any Federal statutory provisions, 
     regulations, policies, or procedures that the applicant 
     believes need to be waived in order to implement the project; 
     and
       (7) is approved by the governing body of the applicant, 
     including in the case of an applicant that is a consortium or 
     tribes or tribal organizations, the governing body of each 
     affected member tribe or tribal organization.
       (b) Review.--Upon receipt of an application that meets the 
     requirements of subsection (a), the head of the Federal 
     executive agency receiving the application shall--
       (1) consult with the head of each Federal executive agency 
     that is proposed to provide funds to implement the project 
     and with the applicant submitting the application; and
       (2) consult and coordinate with the Department of the 
     Interior as the lead agency under this Act for the purposes 
     of processing the application.
       (c) Approval.--
       (1) Waivers.--
       (A) In general.--With respect to any Federal statutory 
     provisions, regulations, policies, or procedures that the 
     applicant believes need to be waived in order to implement 
     the project that are identified in the application in 
     accordance with subsection (a)(6) or as a result of the 
     consultation required under subsection (b), the head of the 
     Federal executive agency responsible for administering such 
     provision, regulation, policy, or procedure shall, subject to 
     subparagraph (B), waive the requirement so identified, 
     notwithstanding any other provision of law.
       (B) Limitation.--A statutory provision, regulation, policy, 
     or procedure identified for waiver under subparagraph (A) may 
     not be waived by the head of the Federal executive agency 
     responsible for administering the provision, regulation, 
     policy, or procedure if such head determines that a waiver 
     would be inconsistent with--
       (i) the purposes set forth in section 2(b); or
       (ii) the provisions of the statute from which the program 
     involved derives its authority that are specifically 
     applicable to Indian programs.
       (2) Project.--Not later than 90 days after the receipt of 
     an application that meets the requirements of subsection (a), 
     the head of the Federal executive agency receiving the 
     application shall inform the applicant submitting the 
     application, in writing, of the approval or disapproval of 
     the application, including the approval or disapproval of a 
     waiver sought in accordance with paragraph (1). If an 
     application or a waiver is disapproved, the written notice 
     shall identify the reasons for the disapproval and the 
     applicant submitting the application shall be given an 
     opportunity to amend the application or to petition the head 
     of the Federal executive agency sending the notice to 
     reconsider the disapproval of the application or the waiver.

     SEC. 7. AUTHORITY OF HEADS OF FEDERAL EXECUTIVE AGENCIES.

       (a) In General.--The President, acting through the heads of 
     the appropriate Federal executive agencies, shall promulgate 
     regulations necessary to carry out this Act and to ensure 
     that this Act is applied and implemented by all Federal 
     executive agencies.
       (b) Scope of Coverage.--The Federal 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 Energy;
       (6) the Department of Health and Human Services;
       (7) the Department of Housing and Urban Development;
       (8) the Department of the Interior;
       (9) the Department of Justice;
       (10) the Department of Labor;
       (11) the Department of Transportation;
       (12) the Department of the Treasury;
       (13) the Department of Veterans Affairs;
       (14) the Environmental Protection Agency; and
       (15) the Small Business Administration.
       (c) Activities.--Notwithstanding any other provision of 
     law, the head of each Federal executive agency, acting alone 
     or jointly through an agreement with another Federal 
     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 with respect to Indian tribes or 
     tribal organizations;
       (2) assist in planning and developing such projects to be 
     financed through different Federal programs;
       (3) with respect to Federal programs or projects that are 
     identified or developed under paragraphs (1) or (2), develop 
     and prescribe--
       (A) guidelines;
       (B) model or illustrative projects;
       (C) joint or common application forms; and
       (D) other materials or guidance;
       (4) review administrative program requirements to identify 
     those requirements that may impede the joint financing of 
     such projects and modify such requirements 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) an 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 Federal 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 Federal 
     executive agencies to carry out this Act in assisting in the 
     administration of Federal assistance programs of other 
     Federal executive agencies that may be used to jointly 
     finance projects undertaken by Indian tribes or tribal 
     organizations.

     SEC. 8. PROCEDURES FOR PROCESSING REQUESTS FOR JOINT 
                   FINANCING.

       In processing an application or request for assistance for 
     a project to be financed in accordance with this Act by at 
     least 2 assistance programs, the head of a Federal 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 Federal 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 Federal executive agency for a requesting 
     Federal executive agency when the requesting agency makes the 
     information or assurances directly.

     SEC. 9. UNIFORM ADMINISTRATIVE PROCEDURES.

       (a) In General.--To make participation in a project simpler 
     than would otherwise be 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 a Federal executive 
     agency may promulgate uniform regulations concerning 
     inconsistent or conflicting requirements with respect to--
       (1) the financial administration of the project including 
     with respect to accounting, reporting, and auditing, and 
     maintaining a separate bank account, to the extent consistent 
     with this Act;
       (2) the timing of payments by the Federal Government for 
     the project 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 a Federal 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 the project is 
     funded.

     SEC. 10. DELEGATION OF SUPERVISION OF ASSISTANCE.

       Pursuant to regulations established to implement this Act, 
     the head of a Federal executive agency may delegate or 
     otherwise enter into an arrangement to have another Federal 
     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 a 
     Federal executive agency of responsibility for the proper and 
     efficient management of a project for which the agency 
     provides assistance.

     SEC. 11. JOINT ASSISTANCE FUNDS AND PROJECT FACILITATION.

       (a) Joint Assistance Fund.--In providing support for a 
     project in accordance with this Act, the head of a Federal 
     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 Federal 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; and
       (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.
       (c) Use of Excess Funds.--In any demonstration project 
     conducted under this Act under which a joint assistance fund 
     has been

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     established under subsection (a) and the actual costs of the 
     project are less than the estimated costs, use of the 
     resulting excess funds shall be determined by the head of the 
     Federal executive agency administering the joint assistance 
     fund, after consultation with the applicant.

     SEC. 12. FINANCIAL MANAGEMENT, ACCOUNTABILITY, AND AUDITS.

       (a) Single Audit Act.--Recipients of funding provided in 
     accordance with this Act shall be subject to 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 11, the recipient of amounts from the fund shall 
     maintain records as required by the head of the Federal 
     executive agency 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 Federal executive 
     agency responsible for administering the fund and the 
     Comptroller General for inspection and audit.

     SEC. 13. TECHNICAL ASSISTANCE AND PERSONNEL TRAINING.

       Amounts available for technical assistance and personnel 
     training under any Federal assistance program shall be 
     available for technical assistance and training under a 
     project approved for joint financing under this Act where a 
     portion of such financing involves such Federal assistance 
     program and another assistance program.

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

       Under regulations promulgated under this Act, the head of a 
     Federal 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 Federal executive agency, 
     the State, and at least 1 tribal agency or instrumentality. 
     The agreement may include arrangements to process requests or 
     administer assistance on a joint basis.

     SEC. 15. REPORT TO CONGRESS.

       Not later than 1 year after the date of enactment of this 
     Act, the President shall 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.
                                 ______