[Congressional Record Volume 149, Number 116 (Thursday, July 31, 2003)]
[Senate]
[Pages S10651-S10653]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (for himself and Mr. Inouye):
  S. 1528. A bill to establish a procedure 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, I am pleased to be joined by Senator 
Inouye in introducing a bill to assist Indian tribes in their efforts 
to strengthen their economies.
  Despite recent success some Indian tribes have had with gaming, 
tourism and natural resource development, the fact is that most tribes 
still suffer high unemployment, intense poverty and a lack of physical 
infrastructure.
  Most tribal economies continue to perform poorly despite the 
expenditure of hundreds of millions--even billions--of Federal dollars 
over the years by the Departments of Agriculture, Commerce, Defense, 
Interior, Labor, and others.
  The core problem is not the amount of dollars, but rather how they 
are being spent.
  Numerous hearings by the Committee on Indian Affairs and several 
General Accounting Office (GAO) reports show that most Federal efforts 
are poorly timed and coordinated and lack the kind of tribal decision-
making to make the efforts succeed.
  The bill we are introducing today will go a long way in fixing these 
problems.
  The principles that guide the bill are not new. In 1970 President 
Nixon issued his ``Special Message to Congress on Indian Affairs'' that 
called for significant changes in Federal Indian policy.
  Nixon saw that Indians were not in command of the Federal programs 
and services meant for their benefit and he launched a quiet revolution 
in Federal Indian policy.
  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.
  Currently, one-half of the programs and services of the Bureau of 
Indian Affairs and the Indian Health Service are now contracted by 
Indian tribes and consortia. Tribal decisionmaking is paramount, 
service quality has improved, and tribal capacity has been enhanced 
significantly.
  This bill will expand the principles of Indian self-determination to 
have the tribes--not the Federal bureaucracy--determine which programs 
and services should be brought to bear in an integrated and coordinated 
way to bring hope, jobs, and strengthened economies to their 
communities.
  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. 1528

       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 2003''.

     SEC. 2. FINDINGS; PURPOSES.

       (a) Findings.--Congress finds that--
       (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 a substantial amount of Federal 
     funds 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 lack of timeliness and 
     coordination in resources and decisionmaking; and
       (4) the effectiveness of Federal and tribal efforts in 
     generating employment opportunities and bringing 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 purposes of this Act are--
       (1) to enable Indian tribes and tribal organizations to use 
     available Federal assistance more effectively and 
     efficiently;
       (2) to adapt and target such assistance more readily to 
     particular needs through wider use of projects that are 
     supported by more than 1 agency, assistance program, or 
     appropriation of the Federal Government;
       (3) to 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) to promote the coordination of Native American economic 
     programs to maximize the benefits of those programs to 
     encourage a more consolidated, national policy for economic 
     development; and
       (5) to establish a procedure 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 in carrying out a project.
       (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 the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (5) Project.--
       (A) In general.--The term ``project'' means a community, 
     economic, or business development 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.
       (B) Inclusion.--The term ``project'' includes a project 
     designed to improve the environment, a housing facility, a 
     community facility, a business or industrial facility, or 
     transportation, a road, or a highway, with respect to an 
     Indian tribe, tribal organization, or consortium.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) Tribal organization.--The term ``tribal organization'' 
     has the meaning given the term in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b).

     SEC. 4. LEAD AGENCY.

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

     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) requests participation in a project under this Act 
     through a resolution or other official action of the tribal 
     governing body; and
       (3) demonstrates, for the 3 fiscal years immediately 
     preceding the fiscal year for which participation is 
     requested, financial stability and financial management 
     capability as demonstrated by a showing by the Indian tribe 
     or tribal organization that there were no material audit 
     exceptions in the required annual audit of the self-
     determination contracts of the Indian tribe or tribal 
     organization.
       (c) Planning Phase.--Each applicant--
       (1) shall complete a planning phase that includes--
       (A) legal and budgetary research; and
       (B) internal tribal government and organizational 
     preparation; and

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       (2) on completion of the planning phase, shall be eligible 
     for joint assistance with respect to a project.

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

       (a) Requirements.--An applicant shall submit to the head of 
     the Federal agency responsible for administering the primary 
     Federal program to be affected by the project an application 
     that--
       (1) identifies the programs to be integrated;
       (2) proposes programs that are consistent with the purposes 
     described in section 2(b);
       (3) describes--
       (A) a comprehensive strategy that identifies the manner in 
     which Federal funds are to be integrated and delivered under 
     the project; and
       (B) the results expected from the project;
       (4) identifies the projected expenditures under the project 
     in a single budget;
       (5) identifies the agency or agencies of the tribal 
     government that are to be involved in the project;
       (6) identifies any Federal statutory provisions, 
     regulations, policies, or procedures that the applicant 
     requests 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.--On receipt of an application that meets the 
     requirements of subsection (a), the head of the Federal 
     agency receiving the application shall--
       (1) consult with the applicant and with the head of each 
     Federal agency that is proposed to provide funds to implement 
     the project; 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.--Subject to subparagraph (B), 
     notwithstanding any other provision of law, the head of the 
     Federal agency responsible for administering any statutory 
     provision, regulation, policy, or procedure that is 
     identified in an application in accordance with subsection 
     (a)(6) or as a result of the consultation required under 
     subsection (b), and that is requested by the applicant to be 
     waived, shall waive the statutory provision, regulation, 
     policy, or procedure.
       (B) Limitation.--A statutory provision, regulation, policy, 
     or procedure identified for waiver under subparagraph (A) may 
     not be waived by an agency head if the agency head determines 
     that a waiver would be inconsistent with--
       (i) the purposes described in section 2(b); or
       (ii) any provision of the statute governing the program 
     involved that is specifically applicable to Indian programs.
       (2) Project.--
       (A) In general.--Not later than 90 days after the date of 
     receipt of an application that meets the requirements of 
     subsection (a), the head of the Federal agency receiving the 
     application shall inform the applicant, in writing, of the 
     approval or disapproval of the application, including the 
     approval or disapproval of any waiver sought under paragraph 
     (1).
       (B) Disapproval.--If an application or waiver is 
     disapproved--
       (i) the written notice shall identify the reasons for the 
     disapproval; and
       (ii) the applicant shall be provided an opportunity to 
     amend the application or to petition the agency head to 
     reconsider the disapproval.

     SEC. 7. AUTHORITY OF HEADS OF FEDERAL AGENCIES.

       (a) In General.--The President, acting through the heads of 
     the appropriate Federal agencies, shall promulgate 
     regulations necessary--
       (1) to carry out this Act; and
       (2) to ensure that this Act is applied and implemented by 
     all Federal agencies.
       (b) Scope of Coverage.--The Federal 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 Homeland Security;
       (8) the Department of Housing and Urban Development;
       (9) the Department of the Interior;
       (10) the Department of Justice;
       (11) the Department of Labor;
       (12) the Department of Transportation;
       (13) the Department of the Treasury;
       (14) the Department of Veterans Affairs;
       (15) the Environmental Protection Agency;
       (16) the Small Business Administration; and
       (17) such other agencies as the President determines to be 
     appropriate.
       (c) Activities.--Notwithstanding any other provision of 
     law, the head of each Federal agency, acting alone or jointly 
     through an agreement with another Federal agency, may--
       (1) identify related Federal programs that are suitable for 
     providing 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 
     requirements that may impede the joint financing of such 
     projects and modify the requirements appropriately;
       (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 lead agency responsible for project supervision.
       (d) Requirements.--In carrying out this Act, the head of 
     each Federal agency shall--
       (1) take all appropriate actions to carry out this Act when 
     administering an assistance program;
       (2) consult and cooperate with the heads of other Federal 
     agencies; and
       (3) assist in the administration of assistance programs of 
     other Federal 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 for assistance for a project 
     to be financed in accordance with this Act by at least 2 
     assistance programs, the head of a Federal 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 
     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 
     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 agency for a requesting Federal 
     agency in a case in which 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 practicable because of the 
     application of inconsistent or conflicting technical or 
     administrative regulations or procedures that are not 
     specifically required by the statute that governs the Federal 
     program under which the project is funded, the head of a 
     Federal 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 in a case in which 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.--To make the processing of applications for 
     assistance under a project simpler under this Act, the head 
     of a Federal agency may provide for review of proposals for a 
     project by a single panel, board, or committee in any case in 
     which 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.

       (a) In General.--In accordance with regulations promulgated 
     under section 7(a), the head of a Federal agency may delegate 
     or otherwise enter into an arrangement to have another 
     Federal agency carry out or supervise a project or class of 
     projects jointly financed in accordance with this Act.
       (b) Conditions.--A delegation or other arrangement under 
     subsection (a)--
       (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 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 
     agency may provide for the establishment in the Treasury by 
     an applicant of a joint assistance fund to ensure that 
     amounts received by the applicant from more than 1 assistance 
     program or appropriation are effectively administered.

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       (b) Agreement.--
       (1) In general.--A joint assistance fund may be established 
     under subsection (a) only in accordance with an agreement by 
     the Federal agencies involved concerning the responsibilities 
     of each such agency.
       (2) Requirements of agreement.--An agreement under 
     paragraph (1) shall--
       (A) ensure the availability of necessary information to 
     Federal agencies and Congress; and
       (B) provide that the agency providing for the establishment 
     of the fund under subsection (a) is responsible and 
     accountable by program and appropriation for the amounts 
     provided for the purposes of each fund..
       (c) Use of Excess Funds.--In any project conducted under 
     this Act for which a joint assistance fund has been 
     established under subsection (a) and the actual costs of the 
     project are less than the estimated costs, use of the excess 
     funds shall be determined by the head of the Federal 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 chapter 75 of 
     title 31, United States Code.
       (b) Records.--
       (1) In general.--With respect to each project financed 
     through an account in a joint assistance fund established 
     under section 11, the recipient of amounts from the fund 
     shall maintain records as required by the head of the Federal 
     agency responsible for administering the fund.
       (2) Requirements.--Records described in paragraph (1) shall 
     disclose--
       (A) the amount and disposition by the recipient of 
     assistance received under each Federal assistance program and 
     appropriation;
       (B) the total cost of the project for which such assistance 
     was given or used;
       (C) the part of the cost of the project provided from other 
     sources; and
       (D) such other information as the head of the Federal 
     agency responsible for administering the fund determines will 
     facilitate the conduct of an audit of the project.
       (c) Availability.--Records of a recipient related to an 
     amount received from a joint assistance fund under this Act 
     shall be made available, for inspection and audit, to--
       (1) the head of the Federal agency responsible for 
     administering the fund; and
       (2) the Comptroller General of the United States.

     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 if the 
     use of the funds involves the Federal assistance program and 
     the project approved for joint financing.

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

       (a) In General.--Under regulations promulgated under 
     section 7(a), the head of a Federal agency may enter into an 
     agreement with a State to extend the benefits of this Act to 
     a project that involves assistance from--
       (1) at least 1 Federal agency;
       (2) a State; and
       (3) at least 1 tribal agency or instrumentality.
       (b) Joint Action.--An agreement under subsection (a) 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 submit to Congress a report that 
     includes--
       (1) a description of actions taken under this Act;
       (2) a detailed evaluation of the implementation of this 
     Act, including information on the benefits and costs of 
     jointly financed projects that accrue to participating Indian 
     tribes and tribal organizations; and
       (3) recommendations (including legislative recommendations) 
     of the President with respect to improvement of this Act.
                                 ______