[Congressional Record Volume 165, Number 109 (Thursday, June 27, 2019)]
[Senate]
[Pages S4652-S4665]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         LEECH LAKE BAND OF OJIBWE RESERVATION RESTORATION ACT

  The bill clerk read as follows:

       A bill (S. 199) to provide for the transfer of certain 
     Federal land in the State of Minnesota for the benefit of the 
     Leech Lake Band of Ojibwe.

  There being no objection, the Senate proceeded to consider the bills 
en bloc.
  Mr. McCONNELL. I ask unanimous consent that the bills, en bloc, be 
considered read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bills were ordered to be engrossed for a third reading and were 
read the third time, en bloc.
  Mr. McCONNELL. I know of no further debate on the bills, en bloc.
  The PRESIDING OFFICER. Is there further debate?
  Hearing none, the bills having been read the third time, the question 
is, Shall the bills pass, en bloc?
  The bills (S. 832, S. 224, S. 209, S. 256, S. 294, S. 257, S. 216, S. 
46, S. 199) were passed, en bloc, as follows:

                                 S. 832

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

     SECTION 1. NULLIFICATION OF TREATY.

       The Supplemental Treaty Between the United States of 
     America and the Confederated Tribes and Bands of Indians of 
     Middle Oregon, concluded on November 15, 1865, and entered 
     into pursuant to the Senate resolution of ratification dated 
     March 2, 1867 (14 Stat. 751), shall have no force or effect.

                                 S. 224

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

     SECTION 1. CONVEYANCE OF PROPERTY TO THE TANANA TRIBAL 
                   COUNCIL.

       (a) Conveyance of Property.--
       (1) In general.--As soon as practicable, but not later than 
     180 days, after the date of enactment of this Act, the 
     Secretary of Health and Human Services (referred to in

[[Page S4653]]

     this Act as the ``Secretary'') shall convey to the Tanana 
     Tribal Council located in Tanana, Alaska (referred to in this 
     section as the ``Council''), all right, title, and interest 
     of the United States in and to the property described in 
     subsection (b) for use in connection with health and social 
     services programs.
       (2) Effect on any quitclaim deed.--The conveyance by the 
     Secretary of title by warranty deed under this subsection 
     shall, on the effective date of the conveyance, supersede and 
     render of no future effect any quitclaim deed to the property 
     described in subsection (b) executed by the Secretary and the 
     Council.
       (3) Conditions.--The conveyance of the property under this 
     section--
       (A) shall be made by warranty deed; and
       (B) shall not--
       (i) require any consideration from the Council for the 
     property;
       (ii) impose any obligation, term, or condition on the 
     Council; or
       (iii) allow for any reversionary interest of the United 
     States in the property.
       (b) Property Described.--The property, including all land, 
     improvements, and appurtenances, described in this subsection 
     is the property included in U.S. Survey No. 5958, Lot 12, in 
     the village of Tanana, Alaska, within surveyed Township 4N, 
     Range 22W, Fairbanks Meridian, Alaska, containing 11.25 
     acres.
       (c) Environmental Liability.--
       (1) Liability.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Council shall not be liable for any soil, surface 
     water, groundwater, or other contamination resulting from the 
     disposal, release, or presence of any environmental 
     contamination on any portion of the property described in 
     subsection (b) on or before the date on which the property is 
     conveyed to the Council.
       (B) Environmental contamination.--An environmental 
     contamination described in subparagraph (A) includes any oil 
     or petroleum products, hazardous substances, hazardous 
     materials, hazardous waste, pollutants, toxic substances, 
     solid waste, or any other environmental contamination or 
     hazard as defined in any Federal or State of Alaska law.
       (2) Easement.--The Secretary shall be accorded any easement 
     or access to the property conveyed under this section as may 
     be reasonably necessary to satisfy any retained obligation or 
     liability of the Secretary.
       (3) Notice of hazardous substance activity and warranty.--
     In carrying out this section, the Secretary shall comply with 
     subparagraphs (A) and (B) of section 120(h)(3) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9620(h)(3)).

     SEC. 2. CONVEYANCE OF PROPERTY TO THE BRISTOL BAY AREA HEALTH 
                   CORPORATION.

       (a) Conveyance of Property.--
       (1) In general.--As soon as practicable, but not later than 
     180 days, after the date of enactment of this Act, the 
     Secretary shall convey to the Bristol Bay Area Health 
     Corporation located in Dillingham, Alaska (referred to in 
     this section as the ``Corporation''), all right, title, and 
     interest of the United States in and to the property 
     described in subsection (b) for use in connection with health 
     and social services programs.
       (2) Effect on any quitclaim deed.--The conveyance by the 
     Secretary of title by warranty deed under this subsection 
     shall, on the effective date of the conveyance, supersede and 
     render of no future effect any quitclaim deed to the property 
     described in subsection (b) executed by the Secretary and the 
     Corporation.
       (3) Conditions.--The conveyance of the property under this 
     section--
       (A) shall be made by warranty deed; and
       (B) shall not--
       (i) require any consideration from the Corporation for the 
     property;
       (ii) impose any obligation, term, or condition on the 
     Corporation; or
       (iii) allow for any reversionary interest of the United 
     States in the property.
       (b) Property Described.--The property, including all land, 
     improvements, and appurtenances, described in this subsection 
     is the property included in Dental Annex Subdivision, 
     creating tract 1, a subdivision of Lot 2 of U.S. Survey No. 
     2013, located in Section 36, Township 13 South, Range 56 
     West, Seward Meridian, Bristol Bay Recording District, 
     Dillingham, Alaska, according to Plat No. 2015-8, recorded on 
     May 28, 2015, in the Bristol Bay Recording District, 
     Dillingham, Alaska, containing 1.474 acres more or less.
       (c) Environmental Liability.--
       (1) Liability.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Corporation shall not be liable for any soil, 
     surface water, groundwater, or other contamination resulting 
     from the disposal, release, or presence of any environmental 
     contamination on any portion of the property described in 
     subsection (b) on or before the date on which the property is 
     conveyed to the Corporation.
       (B) Environmental contamination.--An environmental 
     contamination described in subparagraph (A) includes any oil 
     or petroleum products, hazardous substances, hazardous 
     materials, hazardous waste, pollutants, toxic substances, 
     solid waste, or any other environmental contamination or 
     hazard as defined in any Federal or State of Alaska law.
       (2) Easement.--The Secretary shall be accorded any easement 
     or access to the property conveyed under this section as may 
     be reasonably necessary to satisfy any retained obligation or 
     liability of the Secretary.
       (3) Notice of hazardous substance activity and warranty.--
     In carrying out this section, the Secretary shall comply with 
     subparagraphs (A) and (B) of section 120(h)(3) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9620(h)(3)).

                                 S. 209

       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 ``Practical 
     Reforms and Other Goals To Reinforce the Effectiveness of 
     Self-Governance and Self-Determination for Indian Tribes Act 
     of 2019'' or the ``PROGRESS for Indian Tribes Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                    TITLE I--TRIBAL SELF-GOVERNANCE

Sec. 101. Tribal self-governance.

                  TITLE II--INDIAN SELF-DETERMINATION

Sec. 201. Definitions; reporting and audit requirements; application of 
              provisions.
Sec. 202. Contracts by Secretary of the Interior.
Sec. 203. Administrative provisions.
Sec. 204. Contract funding and indirect costs.
Sec. 205. Contract or grant specifications.

                    TITLE I--TRIBAL SELF-GOVERNANCE

     SEC. 101. TRIBAL SELF-GOVERNANCE.

       (a) Effect of Provisions.--Nothing in this Act, or the 
     amendments made by this Act, shall be construed--
       (1) to modify, limit, expand, or otherwise affect--
       (A) the authority of the Secretary of the Interior, as 
     provided for under the Indian Self-Determination and 
     Education Assistance Act (as in effect on the day before the 
     date of enactment of this Act), regarding--
       (i) the inclusion of any non-BIA program (as defined in 
     section 401 of the Indian Self-Determination and Education 
     Assistance Act) in a self-determination contract or funding 
     agreement under section 403(c) of such Act (as so in effect); 
     or
       (ii) the implementation of any contract or agreement 
     described in clause (i) that is in effect on the day 
     described in subparagraph (A);
       (B) the meaning, application, or effect of any Tribal water 
     rights settlement, including the performance required of a 
     party thereto or any payment or funding obligation 
     thereunder;
       (C) the authority, jurisdiction, or responsibility of a 
     State to manage, control, or regulate fish and wildlife under 
     State law (including regulations) on land or water in the 
     State, including Federal public land;
       (D) except for the authority provided to the Secretary as 
     described in subparagraph (A), the applicability or effect of 
     any Federal law related to the protection or management of 
     fish or wildlife; or
       (E) any treaty-reserved right or other right of any Indian 
     Tribe as recognized by any other means, including treaties or 
     agreements with the United States, Executive orders, 
     statutes, regulations, or case law; or
       (2) to authorize any provision of a contract or agreement 
     that is not consistent with the terms of a Tribal water 
     rights settlement.
       (b) Definitions.--Section 401 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5361) 
     is amended to read as follows:

     ``SEC. 401. DEFINITIONS.

       ``In this title:
       ``(1) Compact.--The term `compact' means a self-governance 
     compact entered into under section 404.
       ``(2) Construction program; construction project.--The term 
     `construction program' or `construction project' means a 
     Tribal undertaking relating to the administration, planning, 
     environmental determination, design, construction, repair, 
     improvement, or expansion of roads, bridges, buildings, 
     structures, systems, or other facilities for purposes of 
     housing, law enforcement, detention, sanitation, water 
     supply, education, administration, community, health, 
     irrigation, agriculture, conservation, flood control, 
     transportation, or port facilities, or for other Tribal 
     purposes.
       ``(3) Department.--The term `Department' means the 
     Department of the Interior.
       ``(4) Funding agreement.--The term `funding agreement' 
     means a funding agreement entered into under section 403.
       ``(5) Gross mismanagement.--The term `gross mismanagement' 
     means a significant violation, shown by a preponderance of 
     the evidence, of a compact, funding agreement, or statutory 
     or regulatory requirement applicable to Federal funds for a 
     program administered by an Indian Tribe under a compact or 
     funding agreement.
       ``(6) Inherent federal function.--The term `inherent 
     Federal function' means a Federal function that may not 
     legally be delegated to an Indian Tribe.
       ``(7) Non-BIA program.--The term `non-BIA program' means 
     all or a portion of a program, function, service, or activity 
     that is administered by any bureau, service, office, or 
     agency of the Department of the Interior other than--
       ``(A) the Bureau of Indian Affairs;

[[Page S4654]]

       ``(B) the Office of the Assistant Secretary for Indian 
     Affairs; or
       ``(C) the Office of the Special Trustee for American 
     Indians.
       ``(8) Program.--The term `program' means any program, 
     function, service, or activity (or portion thereof) within 
     the Department that is included in a funding agreement.
       ``(9) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(10) Self-determination contract.--The term `self-
     determination contract' means a self-determination contract 
     entered into under section 102.
       ``(11) Self-governance.--The term `self-governance' means 
     the Tribal Self-Governance Program established under section 
     402.
       ``(12) Tribal share.--The term `Tribal share' means the 
     portion of all funds and resources of an Indian Tribe that--
       ``(A) support any program within the Bureau of Indian 
     Affairs, the Office of the Special Trustee for American 
     Indians, or the Office of the Assistant Secretary for Indian 
     Affairs; and
       ``(B) are not required by the Secretary for the performance 
     of an inherent Federal function.
       ``(13) Tribal water rights settlement.--The term `Tribal 
     water rights settlement' means any settlement, compact, or 
     other agreement expressly ratified or approved by an Act of 
     Congress that--
       ``(A) includes an Indian Tribe and the United States as 
     parties; and
       ``(B) quantifies or otherwise defines any water right of 
     the Indian Tribe.''.
       (c) Establishment.--Section 402 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5362) 
     is amended to read as follows:

     ``SEC. 402. TRIBAL SELF-GOVERNANCE PROGRAM.

       ``(a) Establishment.--The Secretary shall establish and 
     carry out a program within the Department to be known as the 
     `Tribal Self-Governance Program'.
       ``(b) Selection of Participating Indian Tribes.--
       ``(1) In general.--
       ``(A) Eligibility.--The Secretary, acting through the 
     Director of the Office of Self-Governance, may select not 
     more than 50 new Indian Tribes per year from those tribes 
     eligible under subsection (c) to participate in self-
     governance.
       ``(B) Joint participation.--On the request of each 
     participating Indian Tribe, 2 or more otherwise eligible 
     Indian Tribes may be treated as a single Indian Tribe for the 
     purpose of participating in self-governance.
       ``(2) Other authorized indian tribe or tribal 
     organization.--If an Indian Tribe authorizes another Indian 
     Tribe or a Tribal organization to plan for or carry out a 
     program on its behalf under this title, the authorized Indian 
     Tribe or Tribal organization shall have the rights and 
     responsibilities of the authorizing Indian Tribe (except as 
     otherwise provided in the authorizing resolution).
       ``(3) Joint participation as organization.--Two or more 
     Indian Tribes that are not otherwise eligible under 
     subsection (c) may be treated as a single Indian Tribe for 
     the purpose of participating in self-governance as a Tribal 
     organization if--
       ``(A) each Indian Tribe so requests; and
       ``(B) the Tribal organization itself, or at least one of 
     the Indian Tribes participating in the Tribal organization, 
     is eligible under subsection (c).
       ``(4) Tribal withdrawal from a tribal organization.--
       ``(A) In general.--An Indian Tribe that withdraws from 
     participation in a Tribal organization, in whole or in part, 
     shall be entitled to participate in self-governance if the 
     Indian Tribe is eligible under subsection (c).
       ``(B) Effect of withdrawal.--If an Indian Tribe withdraws 
     from participation in a Tribal organization, the Indian Tribe 
     shall be entitled to its Tribal share of funds and resources 
     supporting the programs that the Indian Tribe is entitled to 
     carry out under the compact and funding agreement of the 
     Indian Tribe.
       ``(C) Participation in self-governance.--The withdrawal of 
     an Indian Tribe from a Tribal organization shall not affect 
     the eligibility of the Tribal organization to participate in 
     self-governance on behalf of one or more other Indian Tribes, 
     if the Tribal organization still qualifies under subsection 
     (c).
       ``(D) Withdrawal process.--
       ``(i) In general.--An Indian Tribe may, by Tribal 
     resolution, fully or partially withdraw its Tribal share of 
     any program in a funding agreement from a participating 
     Tribal organization.
       ``(ii) Notification.--The Indian Tribe shall provide a copy 
     of the Tribal resolution described in clause (i) to the 
     Secretary.
       ``(iii) Effective date.--

       ``(I) In general.--A withdrawal under clause (i) shall 
     become effective on the date that is specified in the Tribal 
     resolution and mutually agreed upon by the Secretary, the 
     withdrawing Indian Tribe, and the Tribal organization that 
     signed the compact and funding agreement on behalf of the 
     withdrawing Indian Tribe or Tribal organization.
       ``(II) No specified date.--In the absence of a date 
     specified in the resolution, the withdrawal shall become 
     effective on--

       ``(aa) the earlier of--
       ``(AA) 1 year after the date of submission of the request; 
     and
       ``(BB) the date on which the funding agreement expires; or
       ``(bb) such date as may be mutually agreed upon by the 
     Secretary, the withdrawing Indian Tribe, and the Tribal 
     organization that signed the compact and funding agreement on 
     behalf of the withdrawing Indian Tribe or Tribal 
     organization.
       ``(E) Distribution of funds.--If an Indian Tribe or Tribal 
     organization eligible to enter into a self-determination 
     contract or a compact or funding agreement fully or partially 
     withdraws from a participating Tribal organization, the 
     withdrawing Indian Tribe--
       ``(i) may elect to enter into a self-determination contract 
     or compact, in which case--

       ``(I) the withdrawing Indian Tribe or Tribal organization 
     shall be entitled to its Tribal share of unexpended funds and 
     resources supporting the programs that the Indian Tribe will 
     be carrying out under its own self-determination contract or 
     compact and funding agreement (calculated on the same basis 
     as the funds were initially allocated to the funding 
     agreement of the Tribal organization); and
       ``(II) the funds referred to in subclause (I) shall be 
     withdrawn by the Secretary from the funding agreement of the 
     Tribal organization and transferred to the withdrawing Indian 
     Tribe, on the condition that sections 102 and 105(i), as 
     appropriate, shall apply to the withdrawing Indian Tribe; or

       ``(ii) may elect not to enter into a self-determination 
     contract or compact, in which case all unexpended funds and 
     resources associated with the withdrawing Indian Tribe's 
     returned programs (calculated on the same basis as the funds 
     were initially allocated to the funding agreement of the 
     Tribal organization) shall be returned by the Tribal 
     organization to the Secretary for operation of the programs 
     included in the withdrawal.
       ``(F) Return to mature contract status.--If an Indian Tribe 
     elects to operate all or some programs carried out under a 
     compact or funding agreement under this title through a self-
     determination contract under title I, at the option of the 
     Indian Tribe, the resulting self-determination contract shall 
     be a mature self-determination contract as long as the Indian 
     Tribe meets the requirements set forth in section 4(h).
       ``(c) Eligibility.--To be eligible to participate in self-
     governance, an Indian Tribe shall--
       ``(1) successfully complete the planning phase described in 
     subsection (d);
       ``(2) request participation in self-governance by 
     resolution or other official action by the Tribal governing 
     body; and
       ``(3) demonstrate, for the 3 fiscal years preceding the 
     date on which the Indian Tribe requests participation, 
     financial stability and financial management capability as 
     evidenced by the Indian Tribe having no uncorrected 
     significant and material audit exceptions in the required 
     annual audit of its self-determination or self-governance 
     agreements with any Federal agency.
       ``(d) Planning Phase.--
       ``(1) In general.--An Indian Tribe seeking to begin 
     participation in self-governance shall complete a planning 
     phase as provided in this subsection.
       ``(2) Activities.--The planning phase shall--
       ``(A) be conducted to the satisfaction of the Indian Tribe; 
     and
       ``(B) include--
       ``(i) legal and budgetary research; and
       ``(ii) internal Tribal government planning, training, and 
     organizational preparation.
       ``(e) Grants.--
       ``(1) In general.--Subject to the availability of 
     appropriations, an Indian Tribe or Tribal organization that 
     meets the requirements of paragraphs (2) and (3) of 
     subsection (c) shall be eligible for grants--
       ``(A) to plan for participation in self-governance; and
       ``(B) to negotiate the terms of participation by the Indian 
     Tribe or Tribal organization in self-governance, as set forth 
     in a compact and a funding agreement.
       ``(2) Receipt of grant not required.--Receipt of a grant 
     under paragraph (1) shall not be a requirement of 
     participation in self-governance.''.
       (d) Funding Agreements.--Section 403 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5363) 
     is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Authorization.--The Secretary shall, on the request 
     of any Indian Tribe or Tribal organization, negotiate and 
     enter into a written funding agreement with the governing 
     body of the Indian Tribe or the Tribal organization in a 
     manner consistent with--
       ``(1) the trust responsibility of the Federal Government, 
     treaty obligations, and the government-to-government 
     relationship between Indian Tribes and the United States; and
       ``(2) subsection (b).'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``without regard to the agency or office of the Bureau of 
     Indian Affairs'' and inserting ``the Office of the Assistant 
     Secretary for Indian Affairs, and the Office of the Special 
     Trustee for American Indians, without regard to the agency or 
     office of that Bureau or those Offices'';
       (ii) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and indenting the margins of such 
     clauses accordingly;
       (iii) by striking ``including any program'' and inserting 
     the following: ``including--
       ``(A) any program'';
       (iv) in subparagraph (A)--

[[Page S4655]]

       (I) in clause (i), as redesignated by clause (ii), by 
     striking the semicolon at the end and inserting ``; and''; 
     and
       (II) in clause (ii), as so redesignated, by striking 
     ``and'' after the semicolon;

       (v) by redesignating subparagraph (C) as subparagraph (B);
       (vi) in subparagraph (B), as redesignated by clause (v), by 
     striking the semicolon and inserting ``; and''; and
       (vii) by adding at the end the following:
       ``(C) any other program, service, function, or activity (or 
     portion thereof) that is provided through the Bureau of 
     Indian Affairs, the Office of the Assistant Secretary for 
     Indian Affairs, or the Office of the Special Trustee for 
     American Indians with respect to which Indian Tribes or 
     Indians are primary or significant beneficiaries;'';
       (B) in paragraph (2)--
       (i) by striking ``section 405(c)'' and inserting ``section 
     412(c)''; and
       (ii) by inserting ``and'' after the semicolon at the end;
       (C) in paragraph (3), by striking the semicolon at the end 
     and inserting a period; and
       (D) by striking paragraphs (4) through (9);
       (3) in subsection (f)--
       (A) in the subsection heading, by striking ``for Review'';
       (B) by striking ``such agreement to--'' and all that 
     follows through ``Indian tribe'' and inserting ``such 
     agreement to each Indian Tribe'';
       (C) by striking ``agreement;'' and inserting 
     ``agreement.''; and
       (D) by striking paragraphs (2) and (3);
       (4) in subsection (k), by striking ``section 405(c)(1)'' 
     and inserting ``section 412(c)''; and
       (5) by adding at the end the following:
       ``(m) Other Provisions.--
       ``(1) Excluded funding.--A funding agreement shall not 
     authorize an Indian Tribe to plan, conduct, administer, or 
     receive Tribal share funding under any program that--
       ``(A) is provided under the Tribally Controlled Colleges 
     and Universities Assistance Act of 1978 (25 U.S.C. 1801 et 
     seq.); or
       ``(B) is provided for elementary and secondary schools 
     under the formula developed under section 1127 of the 
     Education Amendments of 1978 (25 U.S.C. 2007).
       ``(2) Services, functions, and responsibilities.--A funding 
     agreement shall specify--
       ``(A) the services to be provided under the funding 
     agreement;
       ``(B) the functions to be performed under the funding 
     agreement; and
       ``(C) the responsibilities of the Indian Tribe and the 
     Secretary under the funding agreement.
       ``(3) Base budget.--
       ``(A) In general.--A funding agreement shall, at the option 
     of the Indian Tribe, provide for a stable base budget 
     specifying the recurring funds (which may include funds 
     available under section 106(a)) to be transferred to the 
     Indian Tribe, for such period as the Indian Tribe specifies 
     in the funding agreement, subject to annual adjustment only 
     to reflect changes in congressional appropriations.
       ``(B) Limitations.--Notwithstanding subparagraph (A), a 
     funding agreement shall not specify funding associated with a 
     program described in subsection (b)(2) or (c) unless the 
     Secretary agrees.
       ``(4) No waiver of trust responsibility.--A funding 
     agreement shall prohibit the Secretary from waiving, 
     modifying, or diminishing in any way the trust responsibility 
     of the United States with respect to Indian Tribes and 
     individual Indians that exists under treaties, Executive 
     orders, court decisions, and other laws.
       ``(n) Amendment.--The Secretary shall not revise, amend, or 
     require additional terms in a new or subsequent funding 
     agreement without the consent of the Indian Tribe, unless 
     such terms are required by Federal law.
       ``(o) Effective Date.--A funding agreement shall become 
     effective on the date specified in the funding agreement.
       ``(p) Existing and Subsequent Funding Agreements.--
       ``(1) Subsequent funding agreements.--Absent notification 
     from an Indian Tribe that the Indian Tribe is withdrawing or 
     retroceding the operation of one or more programs identified 
     in a funding agreement, or unless otherwise agreed to by the 
     parties to the funding agreement or by the nature of any 
     noncontinuing program, service, function, or activity 
     contained in a funding agreement--
       ``(A) a funding agreement shall remain in full force and 
     effect until a subsequent funding agreement is executed, with 
     funding paid annually for each fiscal year the agreement is 
     in effect; and
       ``(B) the term of the subsequent funding agreement shall be 
     retroactive to the end of the term of the preceding funding 
     agreement for the purposes of calculating the amount of 
     funding to which the Indian Tribe is entitled.
       ``(2) Disputes.--Disputes over the implementation of 
     paragraph (1)(A) shall be subject to section 406(c).
       ``(3) Existing funding agreements.--An Indian Tribe that 
     was participating in self-governance under this title on the 
     date of enactment of the PROGRESS for Indian Tribes Act shall 
     have the option at any time after that date--
       ``(A) to retain its existing funding agreement (in whole or 
     in part) to the extent that the provisions of that funding 
     agreement are not directly contrary to any express provision 
     of this title; or
       ``(B) to negotiate a new funding agreement in a manner 
     consistent with this title.
       ``(4) Multiyear funding agreements.--An Indian Tribe may, 
     at the discretion of the Indian Tribe, negotiate with the 
     Secretary for a funding agreement with a term that exceeds 1 
     year.''.
       (e) General Revisions.--Title IV of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5361 et 
     seq.) is amended by striking sections 404 through 408 and 
     inserting the following:

     ``SEC. 404. COMPACTS.

       ``(a) In General.--The Secretary shall negotiate and enter 
     into a written compact with each Indian Tribe participating 
     in self-governance in a manner consistent with the trust 
     responsibility of the Federal Government, treaty obligations, 
     and the government-to-government relationship between Indian 
     Tribes and the United States.
       ``(b) Contents.--A compact under subsection (a) shall--
       ``(1) specify and affirm the general terms of the 
     government-to-government relationship between the Indian 
     Tribe and the Secretary; and
       ``(2) include such terms as the parties intend shall 
     control during the term of the compact.
       ``(c) Amendment.--A compact under subsection (a) may be 
     amended only by agreement of the parties.
       ``(d) Effective Date.--The effective date of a compact 
     under subsection (a) shall be--
       ``(1) the date of the execution of the compact by the 
     parties; or
       ``(2) such date as is mutually agreed upon by the parties.
       ``(e) Duration.--A compact under subsection (a) shall 
     remain in effect--
       ``(1) for so long as permitted by Federal law; or
       ``(2) until termination by written agreement, retrocession, 
     or reassumption.
       ``(f) Existing Compacts.--An Indian Tribe participating in 
     self-governance under this title, as in effect on the date of 
     enactment of the PROGRESS for Indian Tribes Act, shall have 
     the option at any time after that date--
       ``(1) to retain its negotiated compact (in whole or in 
     part) to the extent that the provisions of the compact are 
     not directly contrary to any express provision of this title; 
     or
       ``(2) to negotiate a new compact in a manner consistent 
     with this title.

     ``SEC. 405. GENERAL PROVISIONS.

       ``(a) Applicability.--An Indian Tribe and the Secretary 
     shall include in any compact or funding agreement provisions 
     that reflect the requirements of this title.
       ``(b) Conflicts of Interest.--An Indian Tribe participating 
     in self-governance shall ensure that internal measures are in 
     place to address, pursuant to Tribal law and procedures, 
     conflicts of interest in the administration of programs.
       ``(c) Audits.--
       ``(1) Single agency audit act.--Chapter 75 of title 31, 
     United States Code, shall apply to a funding agreement under 
     this title.
       ``(2) Cost principles.--An Indian Tribe shall apply cost 
     principles under the applicable Office of Management and 
     Budget circular, except as modified by--
       ``(A) any provision of law, including section 106; or
       ``(B) any exemptions to applicable Office of Management and 
     Budget circulars subsequently granted by the Office of 
     Management and Budget.
       ``(3) Federal claims.--Any claim by the Federal Government 
     against an Indian Tribe relating to funds received under a 
     funding agreement based on any audit under this subsection 
     shall be subject to section 106(f).
       ``(d) Redesign and Consolidation.--Except as provided in 
     section 407, an Indian Tribe may redesign or consolidate 
     programs, or reallocate funds for programs, in a compact or 
     funding agreement in any manner that the Indian Tribe 
     determines to be in the best interest of the Indian community 
     being served--
       ``(1) so long as the redesign or consolidation does not 
     have the effect of denying eligibility for services to 
     population groups otherwise eligible to be served under 
     applicable Federal law; and
       ``(2) except that, with respect to the reallocation, 
     consolidation, and redesign of programs described in 
     subsection (b)(2) or (c) of section 403, a joint agreement 
     between the Secretary and the Indian Tribe shall be required.
       ``(e) Retrocession.--
       ``(1) In general.--An Indian Tribe may fully or partially 
     retrocede to the Secretary any program under a compact or 
     funding agreement.
       ``(2) Effective date.--
       ``(A) Agreement.--Unless an Indian Tribe rescinds a request 
     for retrocession under paragraph (1), the retrocession shall 
     become effective on the date specified by the parties in the 
     compact or funding agreement.
       ``(B) No agreement.--In the absence of a specification of 
     an effective date in the compact or funding agreement, the 
     retrocession shall become effective on--
       ``(i) the earlier of--

       ``(I) 1 year after the date on which the request is 
     submitted; and
       ``(II) the date on which the funding agreement expires; or

       ``(ii) such date as may be mutually agreed upon by the 
     Secretary and the Indian Tribe.
       ``(f) Nonduplication.--A funding agreement shall provide 
     that, for the period for which, and to the extent to which, 
     funding is provided to an Indian Tribe under this title, the 
     Indian Tribe--

[[Page S4656]]

       ``(1) shall not be entitled to contract with the Secretary 
     for funds under section 102, except that the Indian Tribe 
     shall be eligible for new programs on the same basis as other 
     Indian Tribes; and
       ``(2) shall be responsible for the administration of 
     programs in accordance with the compact or funding agreement.
       ``(g) Records.--
       ``(1) In general.--Unless an Indian Tribe specifies 
     otherwise in the compact or funding agreement, records of an 
     Indian Tribe shall not be considered to be Federal records 
     for purposes of chapter 5 of title 5, United States Code.
       ``(2) Recordkeeping system.--An Indian Tribe shall--
       ``(A) maintain a recordkeeping system; and
       ``(B) on a notice period of not less than 30 days, provide 
     the Secretary with reasonable access to the records to enable 
     the Department to meet the requirements of sections 3101 
     through 3106 of title 44, United States Code.

     ``SEC. 406. PROVISIONS RELATING TO THE SECRETARY.

       ``(a) Trust Evaluations.--A funding agreement shall include 
     a provision to monitor the performance of trust functions by 
     the Indian Tribe through the annual trust evaluation.
       ``(b) Reassumption.--
       ``(1) In general.--A compact or funding agreement shall 
     include provisions for the Secretary to reassume a program 
     and associated funding if there is a specific finding 
     relating to that program of--
       ``(A) imminent jeopardy to a trust asset, a natural 
     resource, or public health and safety that--
       ``(i) is caused by an act or omission of the Indian Tribe; 
     and
       ``(ii) arises out of a failure to carry out the compact or 
     funding agreement; or
       ``(B) gross mismanagement with respect to funds transferred 
     to an Indian Tribe under a compact or funding agreement, as 
     determined by the Secretary in consultation with the 
     Inspector General, as appropriate.
       ``(2) Prohibition.--The Secretary shall not reassume 
     operation of a program, in whole or part, unless--
       ``(A) the Secretary first provides written notice and a 
     hearing on the record to the Indian Tribe; and
       ``(B) the Indian Tribe does not take corrective action to 
     remedy the mismanagement of the funds or programs, or the 
     imminent jeopardy to a trust asset, natural resource, or 
     public health and safety.
       ``(3) Exception.--
       ``(A) In general.--Notwithstanding paragraph (2), the 
     Secretary may, on written notice to the Indian Tribe, 
     immediately reassume operation of a program if--
       ``(i) the Secretary makes a finding of imminent and 
     substantial jeopardy and irreparable harm to a trust asset, a 
     natural resource, or the public health and safety caused by 
     an act or omission of the Indian Tribe; and
       ``(ii) the imminent and substantial jeopardy and 
     irreparable harm to the trust asset, natural resource, or 
     public health and safety arises out of a failure by the 
     Indian Tribe to carry out the terms of an applicable compact 
     or funding agreement.
       ``(B) Reassumption.--If the Secretary reassumes operation 
     of a program under subparagraph (A), the Secretary shall 
     provide the Indian Tribe with a hearing on the record not 
     later than 10 days after the date of reassumption.
       ``(c) Inability To Agree on Compact or Funding Agreement.--
       ``(1) Final offer.--If the Secretary and a participating 
     Indian Tribe are unable to agree, in whole or in part, on the 
     terms of a compact or funding agreement (including funding 
     levels), the Indian Tribe may submit a final offer to the 
     Secretary.
       ``(2) Determination.--Not more than 60 days after the date 
     of receipt of a final offer by one or more of the officials 
     designated pursuant to paragraph (4), the Secretary shall 
     review and make a determination with respect to the final 
     offer, except that the 60-day period may be extended for up 
     to 30 days for circumstances beyond the control of the 
     Secretary, upon written request by the Secretary to the 
     Indian tribe.
       ``(3) Extensions.--The deadline described in paragraph (2) 
     may be extended for any length of time, as agreed upon by 
     both the Indian Tribe and the Secretary.
       ``(4) Designated officials.--
       ``(A) In general.--The Secretary shall designate one or 
     more appropriate officials in the Department to receive a 
     copy of the final offer described in paragraph (1).
       ``(B) No designation.--If no official is designated, the 
     Director of the Office of the Executive Secretariat and 
     Regulatory Affairs shall be the designated official.
       ``(5) No timely determination.--If the Secretary fails to 
     make a determination with respect to a final offer within the 
     period specified in paragraph (2), including any extension 
     agreed to under paragraph (3), the Secretary shall be deemed 
     to have agreed to the offer, except that with respect to any 
     compact or funding agreement provision concerning a program 
     described under section 403(c), the Secretary shall be deemed 
     to have rejected the offer with respect to such provision and 
     the terms of clauses (ii) through (iv) of paragraphs (6)(A) 
     shall apply.
       ``(6) Rejection of final offer.--
       ``(A) In general.--If the Secretary rejects a final offer 
     (or one or more provisions or funding levels in a final 
     offer), the Secretary shall--
       ``(i) provide timely written notification to the Indian 
     Tribe that contains a specific finding that clearly 
     demonstrates, or that is supported by a controlling legal 
     authority, that--

       ``(I) the amount of funds proposed in the final offer 
     exceeds the applicable funding level as determined under 
     section 106(a)(1);
       ``(II) the program that is the subject of the final offer 
     is an inherent Federal function or is subject to the 
     discretion of the Secretary under section 403(c);
       ``(III) the Indian Tribe cannot carry out the program in a 
     manner that would not result in significant danger or risk to 
     the public health or safety, to natural resources, or to 
     trust resources;
       ``(IV) the Indian Tribe is not eligible to participate in 
     self-governance under section 402(c);
       ``(V) the funding agreement would violate a Federal statute 
     or regulation; or
       ``(VI) with respect to a program or portion of a program 
     included in a final offer pursuant to section 403(b)(2), the 
     program or the portion of the program is not otherwise 
     available to Indian Tribes or Indians under section 
     102(a)(1)(E);

       ``(ii) provide technical assistance to overcome the 
     objections stated in the notification required by clause (i);
       ``(iii) provide the Indian Tribe with a hearing on the 
     record with the right to engage in full discovery relevant to 
     any issue raised in the matter, and the opportunity for 
     appeal on the objections raised, except that the Indian Tribe 
     may, in lieu of filing such appeal, directly proceed to 
     initiate an action in a United States district court under 
     section 110(a); and
       ``(iv) provide the Indian Tribe the option of entering into 
     the severable portions of a final proposed compact or funding 
     agreement (including a lesser funding amount, if any), that 
     the Secretary did not reject, subject to any additional 
     alterations necessary to conform the compact or funding 
     agreement to the severed provisions.
       ``(B) Effect of exercising certain option.--If an Indian 
     Tribe exercises the option specified in subparagraph 
     (A)(iv)--
       ``(i) the Indian Tribe shall retain the right to appeal the 
     rejection by the Secretary under this section; and
       ``(ii) clauses (i), (ii), and (iii) of subparagraph (A) 
     shall apply only to the portion of the proposed final compact 
     or funding agreement that was rejected by the Secretary.
       ``(d) Burden of Proof.--In any administrative action, 
     hearing, appeal, or civil action brought under this section, 
     the Secretary shall have the burden of proof--
       ``(1) of demonstrating, by a preponderance of the evidence, 
     the validity of the grounds for a reassumption under 
     subsection (b); and
       ``(2) of clearly demonstrating the validity of the grounds 
     for rejecting a final offer made under subsection (c).
       ``(e) Good Faith.--
       ``(1) In general.--In the negotiation of compacts and 
     funding agreements, the Secretary shall at all times 
     negotiate in good faith to maximize implementation of the 
     self-governance policy.
       ``(2) Policy.--The Secretary shall carry out this title in 
     a manner that maximizes the policy of Tribal self-governance.
       ``(f) Savings.--
       ``(1) In general.--To the extent that programs carried out 
     for the benefit of Indian Tribes and Tribal organizations 
     under this title reduce the administrative or other 
     responsibilities of the Secretary with respect to the 
     operation of Indian programs and result in savings that have 
     not otherwise been included in the amount of Tribal shares 
     and other funds determined under section 408(c), except for 
     funding agreements entered into for programs under section 
     403(c), the Secretary shall make such savings available to 
     the Indian Tribes or Tribal organizations for the provision 
     of additional services to program beneficiaries in a manner 
     equitable to directly served, contracted, and compacted 
     programs.
       ``(2) Discretionary programs of special significance.--For 
     any savings generated as a result of the assumption of a 
     program by an Indian Tribe under section 403(c), such savings 
     shall be made available to that Indian Tribe.
       ``(g) Trust Responsibility.--The Secretary may not waive, 
     modify, or diminish in any way the trust responsibility of 
     the United States with respect to Indian Tribes and 
     individual Indians that exists under treaties, Executive 
     orders, other laws, or court decisions.
       ``(h) Decision Maker.--A decision that constitutes final 
     agency action and relates to an appeal within the Department 
     conducted under subsection (c)(6)(A)(iii) may be made by--
       ``(1) an official of the Department who holds a position at 
     a higher organizational level within the Department than the 
     level of the departmental agency in which the decision that 
     is the subject of the appeal was made; or
       ``(2) an administrative law judge.
       ``(i) Rules of Construction.--Subject to section 101(a) of 
     the PROGRESS for Indian Tribes Act, each provision of this 
     title and each provision of a compact or funding agreement 
     shall be liberally construed for the benefit of the Indian 
     Tribe participating in self-governance, and any ambiguity 
     shall be resolved in favor of the Indian Tribe.

     ``SEC. 407. CONSTRUCTION PROGRAMS AND PROJECTS.

       ``(a) In General.--Indian Tribes participating in Tribal 
     self-governance may carry

[[Page S4657]]

     out any construction project included in a compact or funding 
     agreement under this title.
       ``(b) Tribal Option To Carry Out Certain Federal 
     Environmental Activities.--In carrying out a construction 
     project under this title, an Indian Tribe may, subject to the 
     agreement of the Secretary, elect to assume some Federal 
     responsibilities under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.), division A of subtitle III 
     of title 54, United States Code, and related provisions of 
     other law and regulations that would apply if the Secretary 
     were to undertake a construction project, by adopting a 
     resolution--
       ``(1) designating a certifying Tribal officer to represent 
     the Indian Tribe and to assume the status of a responsible 
     Federal official under those Acts, laws, or regulations; and
       ``(2) accepting the jurisdiction of the United States 
     courts for the purpose of enforcing the responsibilities of 
     the certifying Tribal officer assuming the status of a 
     responsible Federal official under those Acts, laws, or 
     regulations.
       ``(c) Savings Clause.--Notwithstanding subsection (b), 
     nothing in this section authorizes the Secretary to include 
     in any compact or funding agreement duties of the Secretary 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), division A of subtitle III of title 54, 
     United States Code, and other related provisions of law that 
     are inherent Federal functions.
       ``(d) Codes and Standards.--In carrying out a construction 
     project under this title, an Indian Tribe shall--
       ``(1) adhere to applicable Federal, State, local, and 
     Tribal building codes, architectural and engineering 
     standards, and applicable Federal guidelines regarding 
     design, space, and operational standards, appropriate for the 
     particular project; and
       ``(2) use only architects and engineers who--
       ``(A) are licensed to practice in the State in which the 
     facility will be built; and
       ``(B) certify that--
       ``(i) they are qualified to perform the work required by 
     the specific construction involved; and
       ``(ii) upon completion of design, the plans and 
     specifications meet or exceed the applicable construction and 
     safety codes.
       ``(e) Tribal Accountability.--
       ``(1) In general.--In carrying out a construction project 
     under this title, an Indian Tribe shall assume responsibility 
     for the successful completion of the construction project and 
     of a facility that is usable for the purpose for which the 
     Indian Tribe received funding.
       ``(2) Requirements.--For each construction project carried 
     out by an Indian Tribe under this title, the Indian Tribe and 
     the Secretary shall negotiate a provision to be included in 
     the funding agreement that identifies--
       ``(A) the approximate start and completion dates for the 
     project, which may extend over a period of one or more years;
       ``(B) a general description of the project, including the 
     scope of work, references to design criteria, and other terms 
     and conditions;
       ``(C) the responsibilities of the Indian Tribe and the 
     Secretary for the project;
       ``(D) how project-related environmental considerations will 
     be addressed;
       ``(E) the amount of funds provided for the project;
       ``(F) the obligations of the Indian Tribe to comply with 
     the codes referenced in subsection (d)(1) and applicable 
     Federal laws and regulations;
       ``(G) the agreement of the parties over who will bear any 
     additional costs necessary to meet changes in scope, or 
     errors or omissions in design and construction; and
       ``(H) the agreement of the Secretary to issue a certificate 
     of occupancy, if requested by the Indian Tribe, based upon 
     the review and verification by the Secretary, to the 
     satisfaction of the Secretary, that the Indian Tribe has 
     secured upon completion the review and approval of the plans 
     and specifications, sufficiency of design, life safety, and 
     code compliance by qualified, licensed, and independent 
     architects and engineers.
       ``(f) Funding.--
       ``(1) In general.--Funding appropriated for construction 
     projects carried out under this title shall be included in 
     funding agreements as annual or semiannual advance payments 
     at the option of the Indian Tribe.
       ``(2) Advance payments.--The Secretary shall include all 
     associated project contingency funds with each advance 
     payment, and the Indian Tribe shall be responsible for the 
     management of such contingency funds.
       ``(g) Negotiations.--At the option of the Indian Tribe, 
     construction project funding proposals shall be negotiated 
     pursuant to the statutory process in section 105, and any 
     resulting construction project agreement shall be 
     incorporated into the funding agreement as addenda.
       ``(h) Federal Review and Verification.--
       ``(1) In general.--On a schedule negotiated by the 
     Secretary and the Indian Tribe--
       ``(A) the Secretary shall review and verify, to the 
     satisfaction of the Secretary, that project planning and 
     design documents prepared by the Indian Tribe in advance of 
     initial construction are in conformity with the obligations 
     of the Indian Tribe under subsection (d); and
       ``(B) before the project planning and design documents are 
     implemented, the Secretary shall review and verify to the 
     satisfaction of the Secretary that subsequent document 
     amendments which result in a significant change in 
     construction are in conformity with the obligations of the 
     Indian Tribe under subsection (d).
       ``(2) Reports.--The Indian Tribe shall provide the 
     Secretary with project progress and financial reports not 
     less than semiannually.
       ``(3) Oversight visits.--The Secretary may conduct onsite 
     project oversight visits semiannually or on an alternate 
     schedule agreed to by the Secretary and the Indian Tribe.
       ``(i) Application of Other Laws.--Unless otherwise agreed 
     to by the Indian Tribe and except as otherwise provided in 
     this Act, no provision of title 41, United States Code, the 
     Federal Acquisition Regulation, or any other law or 
     regulation pertaining to Federal procurement (including 
     Executive orders) shall apply to any construction program or 
     project carried out under this title.
       ``(j) Future Funding.--Upon completion of a facility 
     constructed under this title, the Secretary shall include the 
     facility among those eligible for annual operation and 
     maintenance funding support comparable to that provided for 
     similar facilities funded by the Department as annual 
     appropriations are available and to the extent that the 
     facility size and complexity and other factors do not exceed 
     the funding formula criteria for comparable buildings.

     ``SEC. 408. PAYMENT.

       ``(a) In General.--At the request of the governing body of 
     an Indian Tribe and under the terms of an applicable funding 
     agreement, the Secretary shall provide funding to the Indian 
     Tribe to carry out the funding agreement.
       ``(b) Advance Annual Payment.--At the option of the Indian 
     Tribe, a funding agreement shall provide for an advance 
     annual payment to an Indian Tribe.
       ``(c) Amount.--
       ``(1) In general.--Subject to subsection (e) and sections 
     403 and 405, the Secretary shall provide funds to the Indian 
     Tribe under a funding agreement for programs in an amount 
     that is equal to the amount that the Indian Tribe would have 
     been entitled to receive under contracts and grants under 
     this Act (including amounts for direct program and contract 
     support costs and, in addition, any funds that are 
     specifically or functionally related to the provision by the 
     Secretary of services and benefits to the Indian Tribe or its 
     members) without regard to the organization level within the 
     Department at which the programs are carried out.
       ``(2) Savings clause.--Nothing in this section reduces 
     programs, services, or funds of, or provided to, another 
     Indian Tribe.
       ``(d) Timing.--
       ``(1) In general.--Pursuant to the terms of any compact or 
     funding agreement entered into under this title, the 
     Secretary shall transfer to the Indian Tribe all funds 
     provided for in the funding agreement, pursuant to subsection 
     (c), and provide funding for periods covered by joint 
     resolution adopted by Congress making continuing 
     appropriations, to the extent permitted by such resolution.
       ``(2) Transfers.--Not later than 1 year after the date of 
     enactment of the PROGRESS for Indian Tribes Act, in any 
     instance in which a funding agreement requires an annual 
     transfer of funding to be made at the beginning of a fiscal 
     year or requires semiannual or other periodic transfers of 
     funding to be made commencing at the beginning of a fiscal 
     year, the first such transfer shall be made not later than 10 
     days after the apportionment of such funds by the Office of 
     Management and Budget to the Department, unless the funding 
     agreement provides otherwise.
       ``(e) Availability.--Funds for trust services to individual 
     Indians shall be available under a funding agreement only to 
     the extent that the same services that would have been 
     provided by the Secretary are provided to individual Indians 
     by the Indian Tribe.
       ``(f) Multiyear Funding.--A funding agreement may provide 
     for multiyear funding.
       ``(g) Limitations on Authority of the Secretary.--The 
     Secretary shall not--
       ``(1) fail to transfer to an Indian Tribe its full share of 
     any central, headquarters, regional, area, or service unit 
     office or other funds due under this title for programs 
     eligible under paragraph (1) or (2) of section 403(b), except 
     as required by Federal law;
       ``(2) withhold any portion of such funds for transfer over 
     a period of years; or
       ``(3) reduce the amount of funds required under this 
     title--
       ``(A) to make funding available for self-governance 
     monitoring or administration by the Secretary;
       ``(B) in subsequent years, except as necessary as a result 
     of--
       ``(i) a reduction in appropriations from the previous 
     fiscal year for the program to be included in a compact or 
     funding agreement;
       ``(ii) a congressional directive in legislation or an 
     accompanying report;
       ``(iii) a Tribal authorization;
       ``(iv) a change in the amount of pass-through funds subject 
     to the terms of the funding agreement; or
       ``(v) completion of an activity under a program for which 
     the funds were provided;
       ``(C) to pay for Federal functions, including--
       ``(i) Federal pay costs;
       ``(ii) Federal employee retirement benefits;
       ``(iii) automated data processing;
       ``(iv) technical assistance; and
       ``(v) monitoring of activities under this title; or
       ``(D) to pay for costs of Federal personnel displaced by 
     self-determination contracts

[[Page S4658]]

     under this Act or self-governance under this title.
       ``(h) Federal Resources.--If an Indian Tribe elects to 
     carry out a compact or funding agreement with the use of 
     Federal personnel, Federal supplies (including supplies 
     available from Federal warehouse facilities), Federal supply 
     sources (including lodging, airline transportation, and other 
     means of transportation, including the use of interagency 
     motor pool vehicles), or other Federal resources (including 
     supplies, services, and resources available to the Secretary 
     under any procurement contracts in which the Department is 
     eligible to participate), the Secretary shall, as soon as 
     practicable, acquire and transfer such personnel, supplies, 
     or resources to the Indian Tribe under this title.
       ``(i) Prompt Payment Act.--Chapter 39 of title 31, United 
     States Code, shall apply to the transfer of funds due under a 
     compact or funding agreement authorized under this title.
       ``(j) Interest or Other Income.--
       ``(1) In general.--An Indian Tribe may retain interest or 
     income earned on any funds paid under a compact or funding 
     agreement to carry out governmental purposes.
       ``(2) No effect on other amounts.--The retention of 
     interest or income under paragraph (1) shall not diminish the 
     amount of funds an Indian Tribe is entitled to receive under 
     a funding agreement in the year the interest or income is 
     earned or in any subsequent fiscal year.
       ``(3) Investment standard.--Funds transferred under this 
     title shall be managed by the Indian Tribe using the prudent 
     investment standard, provided that the Secretary shall not be 
     liable for any investment losses of funds managed by the 
     Indian Tribe that are not otherwise guaranteed or insured by 
     the Federal Government.
       ``(k) Carryover of Funds.--
       ``(1) In general.--Notwithstanding any provision of an 
     appropriations Act, all funds paid to an Indian Tribe in 
     accordance with a compact or funding agreement shall remain 
     available until expended.
       ``(2) Effect of carryover.--If an Indian Tribe elects to 
     carry over funding from one year to the next, the carryover 
     shall not diminish the amount of funds the Indian Tribe is 
     entitled to receive under a funding agreement in that fiscal 
     year or any subsequent fiscal year.
       ``(l) Limitation of Costs.--
       ``(1) In general.--An Indian Tribe shall not be obligated 
     to continue performance that requires an expenditure of funds 
     in excess of the amount of funds transferred under a compact 
     or funding agreement.
       ``(2) Notice of insufficiency.--If at any time the Indian 
     Tribe has reason to believe that the total amount provided 
     for a specific activity under a compact or funding agreement 
     is insufficient, the Indian Tribe shall provide reasonable 
     notice of such insufficiency to the Secretary.
       ``(3) Suspension of performance.--If, after notice under 
     paragraph (2), the Secretary does not increase the amount of 
     funds transferred under the funding agreement, the Indian 
     Tribe may suspend performance of the activity until such time 
     as additional funds are transferred.
       ``(4) Savings clause.--Nothing in this section reduces any 
     programs, services, or funds of, or provided to, another 
     Indian Tribe.
       ``(m) Distribution of Funds.--The Office of Self-Governance 
     shall be responsible for distribution of all Bureau of Indian 
     Affairs funds provided under this title unless otherwise 
     agreed by the parties to an applicable funding agreement.
       ``(n) Applicability.--Notwithstanding any other provision 
     of this section, section 101(a) of the PROGRESS for Indian 
     Tribes Act applies to subsections (a) through (m).

     ``SEC. 409. FACILITATION.

       ``(a) In General.--Except as otherwise provided by law 
     (including section 101(a) of the PROGRESS for Indian Tribes 
     Act), the Secretary shall interpret each Federal law and 
     regulation in a manner that facilitates--
       ``(1) the inclusion of programs in funding agreements; and
       ``(2) the implementation of funding agreements.
       ``(b) Regulation Waiver.--
       ``(1) Request.--An Indian Tribe may submit to the Secretary 
     a written request for a waiver of applicability of a Federal 
     regulation, including--
       ``(A) an identification of the specific text in the 
     regulation sought to be waived; and
       ``(B) the basis for the request.
       ``(2) Determination by the secretary.--Not later than 120 
     days after receipt by the Secretary and the designated 
     officials under paragraph (4) of a request under paragraph 
     (1), the Secretary shall approve or deny the requested waiver 
     in writing to the Indian Tribe.
       ``(3) Extensions.--The deadline described in paragraph (2) 
     may be extended for any length of time, as agreed upon by 
     both the Indian Tribe and the Secretary.
       ``(4) Designated officials.--The Secretary shall designate 
     one or more appropriate officials in the Department to 
     receive a copy of the waiver request described in paragraph 
     (1).
       ``(5) Grounds for denial.--The Secretary may deny a request 
     under paragraph (1) upon a specific finding by the Secretary 
     that the identified text in the regulation may not be waived 
     because such a waiver is prohibited by Federal law.
       ``(6) Failure to make determination.--If the Secretary 
     fails to make a determination with respect to a waiver 
     request within the period specified in paragraph (2) 
     (including any extension agreed to under paragraph (3)), the 
     Secretary shall be deemed to have agreed to the request, 
     except that for a waiver request relating to programs 
     eligible under section 403(b)(2) or section 403(c), the 
     Secretary shall be deemed to have denied the request.
       ``(7) Finality.--A decision of the Secretary under this 
     section shall be final for the Department.

     ``SEC. 410. DISCRETIONARY APPLICATION OF OTHER SECTIONS.

       ``(a) In General.--Except as otherwise provided in section 
     201(d) of the PROGRESS for Indian Tribes Act, at the option 
     of a participating Indian Tribe or Indian Tribes, any of the 
     provisions of title I may be incorporated in any compact or 
     funding agreement under this title. The inclusion of any such 
     provision shall be subject to, and shall not conflict with, 
     section 101(a) of such Act.
       ``(b) Effect.--Each incorporated provision under subsection 
     (a) shall--
       ``(1) have the same force and effect as if set out in full 
     in this title;
       ``(2) supplement or replace any related provision in this 
     title; and
       ``(3) apply to any agency otherwise governed by this title.
       ``(c) Effective Date.--If an Indian Tribe requests 
     incorporation at the negotiation stage of a compact or 
     funding agreement, the incorporation shall--
       ``(1) be effective immediately; and
       ``(2) control the negotiation and resulting compact and 
     funding agreement.

     ``SEC. 411. ANNUAL BUDGET LIST.

       ``The Secretary shall list, in the annual budget request 
     submitted to Congress under section 1105 of title 31, United 
     States Code, any funds proposed to be included in funding 
     agreements authorized under this title.

     ``SEC. 412. REPORTS.

       ``(a) In General.--
       ``(1) Requirement.--On January 1 of each year, the 
     Secretary shall submit to Congress a report regarding the 
     administration of this title.
       ``(2) Analysis.--Any Indian Tribe may submit to the Office 
     of Self-Governance and to the appropriate committees of 
     Congress a detailed annual analysis of unmet Tribal needs for 
     funding agreements under this title.
       ``(b) Contents.--The report under subsection (a)(1) shall--
       ``(1) be compiled from information contained in funding 
     agreements, annual audit reports, and data of the Secretary 
     regarding the disposition of Federal funds;
       ``(2) identify--
       ``(A) the relative costs and benefits of self-governance;
       ``(B) with particularity, all funds that are specifically 
     or functionally related to the provision by the Secretary of 
     services and benefits to self-governance Indian Tribes and 
     members of Indian Tribes;
       ``(C) the funds transferred to each Indian Tribe and the 
     corresponding reduction in the Federal employees and 
     workload; and
       ``(D) the funding formula for individual Tribal shares of 
     all Central Office funds, together with the comments of 
     affected Indian Tribes, developed under subsection (d);
       ``(3) before being submitted to Congress, be distributed to 
     the Indian Tribes for comment (with a comment period of not 
     less than 30 days);
       ``(4) include the separate views and comments of each 
     Indian Tribe or Tribal organization; and
       ``(5) include a list of--
       ``(A) all such programs that the Secretary determines, in 
     consultation with Indian Tribes participating in self-
     governance, are eligible for negotiation to be included in a 
     funding agreement at the request of a participating Indian 
     Tribe; and
       ``(B) all such programs which Indian Tribes have formally 
     requested to include in a funding agreement under section 
     403(c) due to the special geographic, historical, or cultural 
     significance of the program to the Indian Tribe, indicating 
     whether each request was granted or denied, and stating the 
     grounds for any denial.
       ``(c) Report on Non-BIA Programs.--
       ``(1) In general.--In order to optimize opportunities for 
     including non-BIA programs in agreements with Indian Tribes 
     participating in self-governance under this title, the 
     Secretary shall review all programs administered by the 
     Department, other than through the Bureau of Indian Affairs, 
     the Office of the Assistant Secretary for Indian Affairs, or 
     the Office of the Special Trustee for American Indians, 
     without regard to the agency or office concerned.
       ``(2) Programmatic targets.--The Secretary shall establish 
     programmatic targets, after consultation with Indian Tribes 
     participating in self-governance, to encourage bureaus of the 
     Department to ensure that an appropriate portion of those 
     programs are available to be included in funding agreements.
       ``(3) Publication.--The lists under subsection (b)(5) and 
     targets under paragraph (2) shall be published in the Federal 
     Register and made available to any Indian Tribe participating 
     in self-governance.
       ``(4) Annual review.--
       ``(A) In general.--The Secretary shall annually review and 
     publish in the Federal Register, after consultation with 
     Indian Tribes participating in self-governance, revised lists 
     and programmatic targets.
       ``(B) Contents.--In preparing the revised lists and 
     programmatic targets, the Secretary shall consider all 
     programs that were

[[Page S4659]]

     eligible for contracting in the original list published in 
     the Federal Register in 1995, except for programs 
     specifically determined not to be contractible as a matter of 
     law.
       ``(d) Report on Central Office Funds.--Not later than 
     January 1, 2020, the Secretary shall, in consultation with 
     Indian Tribes, develop a funding formula to determine the 
     individual Tribal share of funds controlled by the Central 
     Office of the Bureau of Indian Affairs and the Office of the 
     Special Trustee for inclusion in the compacts.

     ``SEC. 413. REGULATIONS.

       ``(a) In General.--
       ``(1) Promulgation.--Not later than 90 days after the date 
     of enactment of the PROGRESS for Indian Tribes Act, the 
     Secretary shall initiate procedures under subchapter III of 
     chapter 5 of title 5, United States Code, to negotiate and 
     promulgate such regulations as are necessary to carry out 
     this title.
       ``(2) Publication of proposed regulations.--Proposed 
     regulations to implement this title shall be published in the 
     Federal Register not later than 21 months after the date of 
     enactment of the PROGRESS for Indian Tribes Act.
       ``(3) Expiration of authority.--The authority to promulgate 
     regulations under paragraph (1) shall expire on the date that 
     is 30 months after the date of enactment of the PROGRESS for 
     Indian Tribes Act.
       ``(b) Committee.--
       ``(1) Membership.--A negotiated rulemaking committee 
     established pursuant to section 565 of title 5, United States 
     Code, to carry out this section shall have as its members 
     only representatives of the Federal Government and Tribal 
     government.
       ``(2) Lead agency.--Among the Federal representatives 
     described in paragraph (1), the Office of Self-Governance 
     shall be the lead agency for the Department.
       ``(c) Adaptation of Procedures.--The Secretary shall adapt 
     the negotiated rulemaking procedures to the unique context of 
     self-governance and the government-to-government relationship 
     between the United States and Indian Tribes.
       ``(d) Effect.--
       ``(1) Repeal.--The Secretary may repeal any regulation that 
     is inconsistent with this Act.
       ``(2) Conflicting provisions.--Subject to section 101(a) of 
     the PROGRESS for Indian Tribes Act and except with respect to 
     programs described under section 403(c), this title shall 
     supersede any conflicting provision of law (including any 
     conflicting regulations).
       ``(3) Effectiveness without regard to regulations.--The 
     lack of promulgated regulations on an issue shall not limit 
     the effect or implementation of this title.

     ``SEC. 414. EFFECT OF CIRCULARS, POLICIES, MANUALS, GUIDANCE, 
                   AND RULES.

       ``Unless expressly agreed to by a participating Indian 
     Tribe in a compact or funding agreement, the participating 
     Indian Tribe shall not be subject to any agency circular, 
     policy, manual, guidance, or rule adopted by the Department, 
     except for--
       ``(1) the eligibility provisions of section 105(g); and
       ``(2) regulations promulgated pursuant to section 413.

     ``SEC. 415. APPEALS.

       ``Except as provided in section 406(d), in any 
     administrative action, appeal, or civil action for judicial 
     review of any decision made by the Secretary under this 
     title, the Secretary shall have the burden of proof of 
     demonstrating by a preponderance of the evidence--
       ``(1) the validity of the grounds for the decision; and
       ``(2) the consistency of the decision with the requirements 
     and policies of this title.

     ``SEC. 416. APPLICATION OF OTHER PROVISIONS.

       ``Section 314 of the Department of the Interior and Related 
     Agencies Appropriations Act, 1991 (Public Law 101-512; 104 
     Stat. 1959), shall apply to compacts and funding agreements 
     entered into under this title.

     ``SEC. 417. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as may 
     be necessary to carry out this title.''.

                  TITLE II--INDIAN SELF-DETERMINATION

     SEC. 201. DEFINITIONS; REPORTING AND AUDIT REQUIREMENTS; 
                   APPLICATION OF PROVISIONS.

       (a) Definitions.--
       (1) In general.--Section 4 of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 5304) is amended by 
     striking subsection (j) and inserting the following:
       ``(j) `self-determination contract' means a contract 
     entered into under title I (or a grant or cooperative 
     agreement used under section 9) between a Tribal organization 
     and the appropriate Secretary for the planning, conduct, and 
     administration of programs or services that are otherwise 
     provided to Indian Tribes and members of Indian Tribes 
     pursuant to Federal law, subject to the condition that, 
     except as provided in section 105(a)(3), no contract entered 
     into under title I (or grant or cooperative agreement used 
     under section 9) shall be--
       ``(1) considered to be a procurement contract; or
       ``(2) except as provided in section 107(a)(1), subject to 
     any Federal procurement law (including regulations);''.
       (2) Technical amendments.--Section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304), 
     as amended by paragraph (1), is further amended--
       (A) in subsection (e), by striking `` `Indian tribe' 
     means'' and inserting `` `Indian tribe' or `Indian Tribe' 
     means''; and
       (B) in subsection (l), by striking `` `tribal organization' 
     means'' and inserting `` `Tribal organization' or `tribal 
     organization' means''.
       (b) Reporting and Audit Requirements.--Section 5 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5305) is amended--
       (1) in subsection (b)--
       (A) by striking ``after completion of the project or 
     undertaking referred to in the preceding subsection of this 
     section'' and inserting ``after the retention period for the 
     report that is submitted to the Secretary under subsection 
     (a)''; and
       (B) by adding at the end the following: ``The retention 
     period shall be defined in regulations promulgated by the 
     Secretary pursuant to section 413.''; and
       (2) in subsection (f)(1), by inserting ``if the Indian 
     Tribal organization expends $500,000 or more in Federal 
     awards during such fiscal year'' after ``under this Act,''.
       (c) Effective Date.--The amendment made by subsection 
     (b)(2) shall not take effect until 14 months after the date 
     of enactment of this Act.
       (d) Application of Other Provisions.--Sections 4, 5, 6, 7, 
     102(c), 104, 105(a)(1), 105(f), 110, and 111 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304, 5305, 5306, 5307, 5321(c), 5323, 5324(a)(1), 5324(f), 
     5331, and 5332) and section 314 of the Department of the 
     Interior and Related Agencies Appropriations Act, 1991 
     (Public Law 101-512; 104 Stat. 1959), apply to compacts and 
     funding agreements entered into under title IV of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5361 et seq.).

     SEC. 202. CONTRACTS BY SECRETARY OF THE INTERIOR.

       Section 102 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5321) is amended--
       (1) in subsection (c)(2), by striking ``economic 
     enterprises'' and all that follows through ``except that'' 
     and inserting ``economic enterprises (as defined in section 3 
     of the Indian Financing Act of 1974 (25 U.S.C. 1452)), except 
     that''; and
       (2) by adding at the end the following:
       ``(f) Good Faith Requirement.--In the negotiation of 
     contracts and funding agreements, the Secretary shall--
       ``(1) at all times negotiate in good faith to maximize 
     implementation of the self-determination policy; and
       ``(2) carry out this Act in a manner that maximizes the 
     policy of Tribal self-determination, in a manner consistent 
     with--
       ``(A) the purposes specified in section 3; and
       ``(B) the PROGRESS for Indian Tribes Act.
       ``(g) Rule of Construction.--Subject to section 101(a) of 
     the PROGRESS for Indian Tribes Act, each provision of this 
     Act and each provision of a contract or funding agreement 
     shall be liberally construed for the benefit of the Indian 
     Tribe participating in self-determination, and any ambiguity 
     shall be resolved in favor of the Indian Tribe.''.

     SEC. 203. ADMINISTRATIVE PROVISIONS.

       Section 105 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5324) is amended--
       (1) in subsection (b), in the first sentence, by striking 
     ``pursuant to'' and all that follows through ``of this Act'' 
     and inserting ``pursuant to sections 102 and 103''; and
       (2) by adding at the end the following:
       ``(p) Interpretation by Secretary.--Except as otherwise 
     provided by law, the Secretary shall interpret all Federal 
     laws (including regulations) and Executive orders in a manner 
     that facilitates, to the maximum extent practicable--
       ``(1) the inclusion in self-determination contracts and 
     funding agreements of--
       ``(A) applicable programs, services, functions, and 
     activities (or portions thereof); and
       ``(B) funds associated with those programs, services, 
     functions, and activities;
       ``(2) the implementation of self-determination contracts 
     and funding agreements; and
       ``(3) the achievement of Tribal health objectives.
       ``(q)(1) Technical Assistance for Internal Controls.--In 
     considering proposals for, amendments to, or in the course 
     of, a contract under this title and compacts under titles IV 
     and V of this Act, if the Secretary determines that the 
     Indian Tribe lacks adequate internal controls necessary to 
     manage the contracted program or programs, the Secretary 
     shall, as soon as practicable, provide the necessary 
     technical assistance to assist the Indian Tribe in developing 
     adequate internal controls. As part of that technical 
     assistance, the Secretary and the Tribe shall develop a plan 
     for assessing the subsequent effectiveness of such technical 
     assistance. The inability of the Secretary to provide 
     technical assistance or lack of a plan under this subsection 
     shall not result in the reassumption of an existing 
     agreement, contract, or compact, or declination or rejection 
     of a new agreement, contract, or compact.
       ``(2) The Secretary shall prepare a report to be included 
     in the information required for the reports under sections 
     412(b)(2)(A) and 514(b)(2)(A). The Secretary shall include in 
     this report, in the aggregate, a description of the internal 
     controls that were inadequate, the technical assistance 
     provided, and a description of Secretarial actions

[[Page S4660]]

     taken to address any remaining inadequate internal controls 
     after the provision of technical assistance and 
     implementation of the plan required by paragraph (1).''.

     SEC. 204. CONTRACT FUNDING AND INDIRECT COSTS.

       Section 106(a)(3) of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5325(a)(3)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (i), by striking ``, and'' and inserting ``; 
     and''; and
       (B) in clause (ii), by striking ``expense related to the 
     overhead incurred'' and inserting ``expense incurred by the 
     governing body of the Indian Tribe or Tribal organization and 
     any overhead expense incurred'';
       (2) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (3) by inserting after subparagraph (A) the following:
       ``(B) In calculating the reimbursement rate for expenses 
     described in subparagraph (A)(ii), not less than 50 percent 
     of the expenses described in subparagraph (A)(ii) that are 
     incurred by the governing body of an Indian Tribe or Tribal 
     organization relating to a Federal program, function, 
     service, or activity carried out pursuant to the contract 
     shall be considered to be reasonable and allowable.''.

     SEC. 205. CONTRACT OR GRANT SPECIFICATIONS.

       Section 108 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5329) is amended--
       (1) in subsection (a)(2), by inserting ``subject to 
     subsections (a) and (b) of section 102,'' before ``contain'';
       (2) in subsection (f)(2)(A)(ii) of the model agreement 
     contained in subsection (c), by inserting ``subject to 
     subsections (a) and (b) of section 102 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     5321),'' before ``such other provisions''; and
       (3) in subsection (b)(7)(C) of the model agreement 
     contained in subsection (c), in the second sentence of the 
     matter preceding clause (i), by striking ``one performance 
     monitoring visit'' and inserting ``two performance monitoring 
     visits''.

                                 S. 256

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Esther Martinez Native 
     American Languages Programs Reauthorization Act''.

     SEC. 2. NATIVE AMERICAN LANGUAGES GRANT PROGRAM.

       Section 803C of the Native American Programs Act of 1974 
     (42 U.S.C. 2991b-3) is amended--
       (1) in subsection (b)(7)--
       (A) in subparagraph (A)(i), by striking ``10'' and 
     inserting ``5''; and
       (B) in subparagraph (B)(i), by striking ``15'' and 
     inserting ``10''; and
       (2) in subsection (e)(2)--
       (A) by striking ``or 3-year basis'' and inserting ``3-year, 
     4-year, or 5-year basis''; and
       (B) by inserting ``, 4-year, or 5-year'' after ``on a 3-
     year''.

     SEC. 3. REAUTHORIZATION OF NATIVE AMERICAN LANGUAGES PROGRAM.

       (a) In General.--Section 816(e) of the Native American 
     Programs Act of 1974 (42 U.S.C. 2992d(e)) is amended by 
     striking ``such sums'' and all that follows through the 
     period at the end and inserting ``$13,000,000 for each of 
     fiscal years 2020 through 2024.''.
       (b) Technical Correction.--Section 816 of the Native 
     American Programs Act of 1974 (42 U.S.C. 2992d) is amended in 
     subsections (a) and (b) by striking ``subsection (e)'' each 
     place it appears and inserting ``subsection (d)''.

                                 S. 294

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Native American Business 
     Incubators Program Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) entrepreneurs face specific challenges when 
     transforming ideas into profitable business enterprises;
       (2) entrepreneurs that want to provide products and 
     services in reservation communities face an additional set of 
     challenges that requires special knowledge;
       (3) a business incubator is an organization that assists 
     entrepreneurs in navigating obstacles that prevent innovative 
     ideas from becoming viable businesses by providing services 
     that include--
       (A) workspace and facilities resources;
       (B) access to capital, business education, and counseling;
       (C) networking opportunities;
       (D) mentorship opportunities; and
       (E) an environment intended to help establish and expand 
     business operations;
       (4) the business incubator model is suited to accelerating 
     entrepreneurship in reservation communities because the 
     business incubator model promotes collaboration to address 
     shared challenges and provides individually tailored services 
     for the purpose of overcoming obstacles unique to each 
     participating business; and
       (5) business incubators will stimulate economic development 
     by providing Native entrepreneurs with the tools necessary to 
     grow businesses that offer products and services to 
     reservation communities.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Business incubator.--The term ``business incubator'' 
     means an organization that--
       (A) provides physical workspace and facilities resources to 
     startups and established businesses; and
       (B) is designed to accelerate the growth and success of 
     businesses through a variety of business support resources 
     and services, including--
       (i) access to capital, business education, and counseling;
       (ii) networking opportunities;
       (iii) mentorship opportunities; and
       (iv) other services intended to aid in developing a 
     business.
       (2) Eligible applicant.--The term ``eligible applicant'' 
     means an applicant eligible to apply for a grant under 
     section 4(b).
       (3) 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).
       (4) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       (5) Native american; native.--The terms ``Native American'' 
     and ``Native'' have the meaning given the term ``Indian'' in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5304).
       (6) Native business.--The term ``Native business'' means a 
     business concern that is at least 51-percent owned and 
     controlled by 1 or more Native Americans.
       (7) Native entrepreneur.--The term ``Native entrepreneur'' 
     means an entrepreneur who is a Native American.
       (8) Program.--The term ``program'' means the program 
     established under section 4(a).
       (9) Reservation.--The term ``reservation'' has the meaning 
     given the term in section 3 of the Indian Financing Act of 
     1974 (25 U.S.C. 1452).
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (11) Tribal college or university.--The term ``tribal 
     college or university'' has the meaning given the term 
     ``Tribal College or University'' in section 316(b) of the 
     Higher Education Act of 1965 (20 U.S.C. 1059c(b)).

     SEC. 4. ESTABLISHMENT OF PROGRAM.

       (a) In General.--The Secretary shall establish a program in 
     the Office of Indian Energy and Economic Development under 
     which the Secretary shall provide financial assistance in the 
     form of competitive grants to eligible applicants for the 
     establishment and operation of business incubators that serve 
     reservation communities by providing business incubation and 
     other business services to Native businesses and Native 
     entrepreneurs.
       (b) Eligible Applicants.--
       (1) In general.--To be eligible to receive a grant under 
     the program, an applicant shall--
       (A) be--
       (i) an Indian tribe;
       (ii) a tribal college or university;
       (iii) an institution of higher education; or
       (iv) a private nonprofit organization or tribal nonprofit 
     organization that--

       (I) provides business and financial technical assistance; 
     and
       (II) will commit to serving 1 or more reservation 
     communities;

       (B) be able to provide the physical workspace, equipment, 
     and connectivity necessary for Native businesses and Native 
     entrepreneurs to collaborate and conduct business on a local, 
     regional, national, and international level; and
       (C) in the case of an entity described in clauses (ii) 
     through (iv) of subparagraph (A), have been operational for 
     not less than 1 year before receiving a grant under the 
     program.
       (2) Joint project.--
       (A) In general.--Two or more entities may submit a joint 
     application for a project that combines the resources and 
     expertise of those entities at a physical location dedicated 
     to assisting Native businesses and Native entrepreneurs under 
     the program.
       (B) Contents.--A joint application submitted under 
     subparagraph (A) shall--
       (i) contain a certification that each participant of the 
     joint project is one of the eligible entities described in 
     paragraph (1)(A); and
       (ii) demonstrate that together the participants meet the 
     requirements of subparagraphs (B) and (C) of paragraph (1).
       (c) Application and Selection Process.--
       (1) Application requirements.--Each eligible applicant 
     desiring a grant under the program shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require, 
     including--
       (A) a certification that the applicant--
       (i) is an eligible applicant;
       (ii) will designate an executive director or program 
     manager, if such director or manager has not been designated, 
     to manage the business incubator; and
       (iii) agrees--

       (I) to a site evaluation by the Secretary as part of the 
     final selection process;
       (II) to an annual programmatic and financial examination 
     for the duration of the grant; and
       (III) to the maximum extent practicable, to remedy any 
     problems identified pursuant to the site evaluation under 
     subclause (I) or an examination under subclause (II);

       (B) a description of the 1 or more reservation communities 
     to be served by the business incubator;

[[Page S4661]]

       (C) a 3-year plan that describes--
       (i) the number of Native businesses and Native 
     entrepreneurs to be participating in the business incubator;
       (ii) whether the business incubator will focus on a 
     particular type of business or industry;
       (iii) a detailed breakdown of the services to be offered to 
     Native businesses and Native entrepreneurs participating in 
     the business incubator; and
       (iv) a detailed breakdown of the services, if any, to be 
     offered to Native businesses and Native entrepreneurs not 
     participating in the business incubator;
       (D) information demonstrating the effectiveness and 
     experience of the eligible applicant in--
       (i) conducting financial, management, and marketing 
     assistance programs designed to educate or improve the 
     business skills of current or prospective businesses;
       (ii) working in and providing services to Native American 
     communities;
       (iii) providing assistance to entities conducting business 
     in reservation communities;
       (iv) providing technical assistance under Federal business 
     and entrepreneurial development programs for which Native 
     businesses and Native entrepreneurs are eligible; and
       (v) managing finances and staff effectively; and
       (E) a site description of the location at which the 
     eligible applicant will provide physical workspace, including 
     a description of the technologies, equipment, and other 
     resources that will be available to Native businesses and 
     Native entrepreneurs participating in the business incubator.
       (2) Evaluation considerations.--
       (A) In general.--In evaluating each application, the 
     Secretary shall consider--
       (i) the ability of the eligible applicant--

       (I) to operate a business incubator that effectively 
     imparts entrepreneurship and business skills to Native 
     businesses and Native entrepreneurs, as demonstrated by the 
     experience and qualifications of the eligible applicant;
       (II) to commence providing services within a minimum period 
     of time, to be determined by the Secretary; and
       (III) to provide quality incubation services to a 
     significant number of Native businesses and Native 
     entrepreneurs;

       (ii) the experience of the eligible applicant in providing 
     services in Native American communities, including in the 1 
     or more reservation communities described in the application; 
     and
       (iii) the proposed location of the business incubator.
       (B) Priority.--
       (i) In general.--In evaluating the proposed location of the 
     business incubator under subparagraph (A)(iii), the Secretary 
     shall--

       (I) consider the program goal of achieving broad geographic 
     distribution of business incubators; and
       (II) except as provided in clause (ii), give priority to 
     eligible applicants that will provide business incubation 
     services on or near the reservation of the 1 or more 
     communities that were described in the application.

       (ii) Exception.--The Secretary may give priority to an 
     eligible applicant that is not located on or near the 
     reservation of the 1 or more communities that were described 
     in the application if the Secretary determines that--

       (I) the location of the business incubator will not prevent 
     the eligible applicant from providing quality business 
     incubation services to Native businesses and Native 
     entrepreneurs from the 1 or more reservation communities to 
     be served; and
       (II) siting the business incubator in the identified 
     location will serve the interests of the 1 or more 
     reservation communities to be served.

       (3) Site evaluation.--
       (A) In general.--Before making a grant to an eligible 
     applicant, the Secretary shall conduct a site visit, evaluate 
     a video submission, or evaluate a written site proposal (if 
     the applicant is not yet in possession of the site) of the 
     proposed site to ensure the proposed site will permit the 
     eligible applicant to meet the requirements of the program.
       (B) Written site proposal.--A written site proposal shall 
     meet the requirements described in paragraph (1)(E) and 
     contain--
       (i) sufficient detail for the Secretary to ensure in the 
     absence of a site visit or video submission that the proposed 
     site will permit the eligible applicant to meet the 
     requirements of the program; and
       (ii) a timeline describing when the eligible applicant will 
     be--

       (I) in possession of the proposed site; and
       (II) operating the business incubator at the proposed site.

       (C) Followup.--Not later than 1 year after awarding a grant 
     to an eligible applicant that submits an application with a 
     written site proposal, the Secretary shall conduct a site 
     visit or evaluate a video submission of the site to ensure 
     the site is consistent with the written site proposal.
       (d) Administration.--
       (1) Duration.--Each grant awarded under the program shall 
     be for a term of 3 years.
       (2) Payment.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall disburse grant funds awarded to an 
     eligible applicant in annual installments.
       (B) More frequent disbursements.--On request by the 
     applicant, the Secretary may make disbursements of grant 
     funds more frequently than annually, on the condition that 
     disbursements shall be made not more frequently than 
     quarterly.
       (3) Non-federal contributions for initial assistance.--
       (A) In general.--Except as provided in subparagraph (B), an 
     eligible applicant that receives a grant under the program 
     shall provide non-Federal contributions in an amount equal to 
     not less than 25 percent of the grant amount disbursed each 
     year.
       (B) Waiver.--The Secretary may waive, in whole or in part, 
     the requirements of subparagraph (A) with respect to an 
     eligible applicant if, after considering the ability of the 
     eligible applicant to provide non-Federal contributions, the 
     Secretary determines that--
       (i) the proposed business incubator will provide quality 
     business incubation services; and
       (ii) the 1 or more reservation communities to be served are 
     unlikely to receive similar services because of remoteness or 
     other reasons that inhibit the provision of business and 
     entrepreneurial development services.
       (4) Renewals.--
       (A) In general.--The Secretary may renew a grant award 
     under the program for a term not to exceed 3 years.
       (B) Considerations.--In determining whether to renew a 
     grant award, the Secretary shall consider with respect to the 
     eligible applicant--
       (i) the results of the annual evaluations of the eligible 
     applicant under subsection (f)(1);
       (ii) the performance of the business incubator of the 
     eligible applicant, as compared to the performance of other 
     business incubators receiving assistance under the program;
       (iii) whether the eligible applicant continues to be 
     eligible for the program; and
       (iv) the evaluation considerations for initial awards under 
     subsection (c)(2).
       (C) Non-federal contributions for renewals.--An eligible 
     applicant that receives a grant renewal under subparagraph 
     (A) shall provide non-Federal contributions in an amount 
     equal to not less than 33 percent of the total amount of the 
     grant.
       (5) No duplicative grants.--An eligible applicant shall not 
     be awarded a grant under the program that is duplicative of 
     existing Federal funding from another source.
       (e) Program Requirements.--
       (1) Use of funds.--An eligible applicant receiving a grant 
     under the program may use grant amounts--
       (A) to provide physical workspace and facilities for Native 
     businesses and Native entrepreneurs participating in the 
     business incubator;
       (B) to establish partnerships with other institutions and 
     entities to provide comprehensive business incubation 
     services to Native businesses and Native entrepreneurs 
     participating in the business incubator; and
       (C) for any other uses typically associated with business 
     incubators that the Secretary determines to be appropriate 
     and consistent with the purposes of the program.
       (2) Minimum requirements.--Each eligible applicant 
     receiving a grant under the program shall--
       (A) offer culturally tailored incubation services to Native 
     businesses and Native entrepreneurs;
       (B) use a competitive process for selecting Native 
     businesses and Native entrepreneurs to participate in the 
     business incubator;
       (C) provide physical workspace that permits Native 
     businesses and Native entrepreneurs to conduct business and 
     collaborate with other Native businesses and Native 
     entrepreneurs;
       (D) provide entrepreneurship and business skills training 
     and education to Native businesses and Native entrepreneurs 
     including--
       (i) financial education, including training and counseling 
     in--

       (I) applying for and securing business credit and 
     investment capital;
       (II) preparing and presenting financial statements; and
       (III) managing cash flow and other financial operations of 
     a business;

       (ii) management education, including training and 
     counseling in planning, organization, staffing, directing, 
     and controlling each major activity or function of a business 
     or startup; and
       (iii) marketing education, including training and 
     counseling in--

       (I) identifying and segmenting domestic and international 
     market opportunities;
       (II) preparing and executing marketing plans;
       (III) locating contract opportunities;
       (IV) negotiating contracts; and
       (V) using varying public relations and advertising 
     techniques;

       (E) provide direct mentorship or assistance finding mentors 
     in the industry in which the Native business or Native 
     entrepreneur operates or intends to operate; and
       (F) provide access to networks of potential investors, 
     professionals in the same or similar fields, and other 
     business owners with similar businesses.
       (3) Technology.--Each eligible applicant shall leverage 
     technology to the maximum extent practicable to provide 
     Native businesses and Native entrepreneurs with access to the 
     connectivity tools needed to compete and thrive in 21st-
     century markets.
       (f) Oversight.--
       (1) Annual evaluations.--Not later than 1 year after the 
     date on which the Secretary awards a grant to an eligible 
     applicant under the program, and annually thereafter for the 
     duration of the grant, the Secretary shall

[[Page S4662]]

     conduct an evaluation of, and prepare a report on, the 
     eligible applicant, which shall--
       (A) describe the performance of the eligible applicant; and
       (B) be used in determining the ongoing eligibility of the 
     eligible applicant.
       (2) Annual report.--
       (A) In general.--Not later than 1 year after the date on 
     which the Secretary awards a grant to an eligible applicant 
     under the program, and annually thereafter for the duration 
     of the grant, each eligible applicant receiving an award 
     under the program shall submit to the Secretary a report 
     describing the services the eligible applicant provided under 
     the program during the preceding year.
       (B) Report content.--The report described in subparagraph 
     (A) shall include--
       (i) a detailed breakdown of the Native businesses and 
     Native entrepreneurs receiving services from the business 
     incubator, including, for the year covered by the report--

       (I) the number of Native businesses and Native 
     entrepreneurs participating in or receiving services from the 
     business incubator and the types of services provided to 
     those Native businesses and Native entrepreneurs;
       (II) the number of Native businesses and Native 
     entrepreneurs established and jobs created or maintained; and
       (III) the performance of Native businesses and Native 
     entrepreneurs while participating in the business incubator 
     and after graduation or departure from the business 
     incubator; and

       (ii) any other information the Secretary may require to 
     evaluate the performance of a business incubator to ensure 
     appropriate implementation of the program.
       (C) Limitations.--To the maximum extent practicable, the 
     Secretary shall not require an eligible applicant to report 
     under subparagraph (A) information provided to the Secretary 
     by the eligible applicant under other programs.
       (D) Coordination.--The Secretary shall coordinate with the 
     heads of other Federal agencies to ensure that, to the 
     maximum extent practicable, the report content and form under 
     subparagraphs (A) and (B) are consistent with other reporting 
     requirements for Federal programs that provide business and 
     entrepreneurial assistance.
       (3) Report to congress.--
       (A) In general.--Not later than 2 years after the date on 
     which the Secretary first awards funding under the program, 
     and biennially thereafter, the Secretary 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 performance and effectiveness of the program.
       (B) Contents.--Each report submitted under subparagraph (A) 
     shall--
       (i) account for each program year; and
       (ii) include with respect to each business incubator 
     receiving grant funds under the program--

       (I) the number of Native businesses and Native 
     entrepreneurs that received business incubation or other 
     services;
       (II) the number of businesses established with the 
     assistance of the business incubator;
       (III) the number of jobs established or maintained by 
     Native businesses and Native entrepreneurs receiving business 
     incubation services, including a description of where the 
     jobs are located with respect to reservation communities;
       (IV) to the maximum extent practicable, the amount of 
     capital investment and loan financing accessed by Native 
     businesses and Native entrepreneurs receiving business 
     incubation services; and
       (V) an evaluation of the overall performance of the 
     business incubator.

     SEC. 5. REGULATIONS.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary shall promulgate regulations to implement 
     the program.

     SEC. 6. SCHOOLS TO BUSINESS INCUBATOR PIPELINE.

       The Secretary shall facilitate the establishment of 
     relationships between eligible applicants receiving funds 
     through the program and educational institutions serving 
     Native American communities, including tribal colleges and 
     universities.

     SEC. 7. AGENCY PARTNERSHIPS.

       The Secretary shall coordinate with the Secretary of 
     Agriculture, the Secretary of Commerce, the Secretary of the 
     Treasury, and the Administrator of the Small Business 
     Administration to ensure, to the maximum extent practicable, 
     that business incubators receiving grant funds under the 
     program have the information and materials needed to provide 
     Native businesses and Native entrepreneurs with the 
     information and assistance necessary to apply for business 
     and entrepreneurial development programs administered by the 
     Department of Agriculture, the Department of Commerce, the 
     Department of the Treasury, and the Small Business 
     Administration.

     SEC. 8. AUTHORIZATIONS OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out the 
     program $5,000,000 for each of fiscal years 2020 through 
     2024.

                                 S. 257

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Tribal HUD-VASH Act of 
     2019''.

     SEC. 2. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN 
                   VETERANS.

       Section 8(o)(19) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the 
     following:
       ``(D) Indian veterans housing rental assistance program.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Eligible indian veteran.--The term `eligible Indian 
     veteran' means an Indian veteran who is--

       ``(aa) homeless or at risk of homelessness; and
       ``(bb) living--
       ``(AA) on or near a reservation; or
       ``(BB) in or near any other Indian area.

       ``(II) Eligible recipient.--The term `eligible recipient' 
     means a recipient eligible to receive a grant under section 
     101 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4111).
       ``(III) Indian; indian area.--The terms `Indian' and 
     `Indian area' have the meanings given those terms in section 
     4 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4103).
       ``(IV) Indian veteran.--The term `Indian veteran' means an 
     Indian who is a veteran.
       ``(V) Program.--The term `Program' means the Tribal HUD-
     VASH program carried out under clause (ii).
       ``(VI) 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. 
     5304).

       ``(ii) Program specifications.--The Secretary shall use not 
     less than 5 percent of the amounts made available for rental 
     assistance under this paragraph to carry out a rental 
     assistance and supported housing program, to be known as the 
     `Tribal HUD-VASH program', in conjunction with the Secretary 
     of Veterans Affairs, by awarding grants for the benefit of 
     eligible Indian veterans.
       ``(iii) Model.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Secretary shall model the Program on the rental 
     assistance and supported housing program authorized under 
     subparagraph (A) and applicable appropriations Acts, 
     including administration in conjunction with the Secretary of 
     Veterans Affairs.
       ``(II) Exceptions.--

       ``(aa) Secretary of housing and urban development.--After 
     consultation with Indian tribes, eligible recipients, and any 
     other appropriate tribal organizations, the Secretary may 
     make necessary and appropriate modifications to facilitate 
     the use of the Program by eligible recipients to serve 
     eligible Indian veterans.
       ``(bb) Secretary of veterans affairs.--After consultation 
     with Indian tribes, eligible recipients, and any other 
     appropriate tribal organizations, the Secretary of Veterans 
     Affairs may make necessary and appropriate modifications to 
     facilitate the use of the Program by eligible recipients to 
     serve eligible Indian veterans.
       ``(iv) Eligible recipients.--The Secretary shall make 
     amounts for rental assistance and associated administrative 
     costs under the Program available in the form of grants to 
     eligible recipients.
       ``(v) Funding criteria.--The Secretary shall award grants 
     under the Program based on--

       ``(I) need;
       ``(II) administrative capacity; and
       ``(III) any other funding criteria established by the 
     Secretary in a notice published in the Federal Register after 
     consulting with the Secretary of Veterans Affairs.

       ``(vi) Administration.--Grants awarded under the Program 
     shall be administered in accordance with the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4101 et seq.), except that recipients shall--

       ``(I) submit to the Secretary, in a manner prescribed by 
     the Secretary, reports on the utilization of rental 
     assistance provided under the Program; and
       ``(II) provide to the Secretary information specified by 
     the Secretary to assess the effectiveness of the Program in 
     serving eligible Indian veterans.

       ``(vii) Consultation.--

       ``(I) Grant recipients; tribal organizations.--The 
     Secretary, in coordination with the Secretary of Veterans 
     Affairs, shall consult with eligible recipients and any other 
     appropriate tribal organization on the design of the Program 
     to ensure the effective delivery of rental assistance and 
     supportive services to eligible Indian veterans under the 
     Program.
       ``(II) Indian health service.--The Director of the Indian 
     Health Service shall provide any assistance requested by the 
     Secretary or the Secretary of Veterans Affairs in carrying 
     out the Program.

       ``(viii) Waiver.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Secretary may waive or specify alternative requirements 
     for any provision of law (including regulations) that the 
     Secretary administers in connection with the use of rental 
     assistance made available under the Program if the Secretary 
     finds that the waiver or alternative requirement is necessary 
     for the effective delivery and administration of rental 
     assistance under the Program to eligible Indian veterans.
       ``(II) Exception.--The Secretary may not waive or specify 
     alternative requirements under subclause (I) for any 
     provision of law (including regulations) relating to labor 
     standards or the environment.

[[Page S4663]]

       ``(ix) Renewal grants.--The Secretary may--

       ``(I) set aside, from amounts made available for tenant-
     based rental assistance under this subsection and without 
     regard to the amounts used for new grants under clause (ii), 
     such amounts as may be necessary to award renewal grants to 
     eligible recipients that received a grant under the Program 
     in a previous year; and
       ``(II) specify criteria that an eligible recipient must 
     satisfy to receive a renewal grant under subclause (I), 
     including providing data on how the eligible recipient used 
     the amounts of any grant previously received under the 
     Program.

       ``(x) Reporting.--

       ``(I) In general.--Not later than 1 year after the date of 
     enactment of the Tribal HUD-VASH Act of 2019, and every 5 
     years thereafter, the Secretary, in coordination with the 
     Secretary of Veterans Affairs and the Director of the Indian 
     Health Service, shall--

       ``(aa) conduct a review of the implementation of the 
     Program, including any factors that may have limited its 
     success; and
       ``(bb) submit a report describing the results of the review 
     under item (aa) to--
       ``(AA) the Committee on Indian Affairs, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on 
     Veterans' Affairs, and the Committee on Appropriations of the 
     Senate; and
       ``(BB) the Subcommittee on Indian, Insular and Alaska 
     Native Affairs of the Committee on Natural Resources, the 
     Committee on Financial Services, the Committee on Veterans' 
     Affairs, and the Committee on Appropriations of the House of 
     Representatives.

       ``(II) Analysis of housing stock limitation.--The Secretary 
     shall include in the initial report submitted under subclause 
     (I) a description of--

       ``(aa) any regulations governing the use of formula current 
     assisted stock (as defined in section 1000.314 of title 24, 
     Code of Federal Regulations (or any successor regulation)) 
     within the Program;
       ``(bb) the number of recipients of grants under the Program 
     that have reported the regulations described in item (aa) as 
     a barrier to implementation of the Program; and
       ``(cc) proposed alternative legislation or regulations 
     developed by the Secretary in consultation with recipients of 
     grants under the Program to allow the use of formula current 
     assisted stock within the Program.''.

                                 S. 216

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Spokane Tribe of Indians of 
     the Spokane Reservation Equitable Compensation Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) from 1927 to 1931, at the direction of Congress, the 
     Corps of Engineers investigated the Columbia River and its 
     tributaries to determine sites at which power could be 
     produced at low cost;
       (2) under section 10(e) of the Federal Power Act (16 U.S.C. 
     803(e)), when licenses are issued involving tribal land 
     within an Indian reservation, a reasonable annual charge 
     shall be fixed for the use of the land, subject to the 
     approval of the Indian tribe having jurisdiction over the 
     land;
       (3) in August 1933, the Columbia Basin Commission, an 
     agency of the State of Washington, received a preliminary 
     permit from the Federal Power Commission for water power 
     development at the Grand Coulee site;
       (4) had the Columbia Basin Commission or a private entity 
     developed the site, the Spokane Tribe would have been 
     entitled to a reasonable annual charge for the use of the 
     land of the Spokane Tribe;
       (5) in the mid-1930s, the Federal Government, which is not 
     subject to licensing under the Federal Power Act (16 U.S.C. 
     792 et seq.)--
       (A) federalized the Grand Coulee Dam project; and
       (B) began construction of the Grand Coulee Dam;
       (6) when the Grand Coulee Dam project was federalized, the 
     Federal Government recognized that--
       (A) development of the project affected the interests of 
     the Spokane Tribe and the Confederated Tribes of the Colville 
     Reservation; and
       (B) it would be appropriate for the Spokane and Colville 
     Tribes to receive a share of revenue from the disposition of 
     power produced at Grand Coulee Dam;
       (7) in the Act of June 29, 1940 (16 U.S.C. 835d et seq.), 
     Congress--
       (A) granted to the United States--
       (i) in aid of the construction, operation, and maintenance 
     of the Columbia Basin Project, all the right, title, and 
     interest of the Spokane Tribe and Colville Tribes in and to 
     the tribal and allotted land within the Spokane and Colville 
     Reservations, as designated by the Secretary of the Interior 
     from time to time; and
       (ii) other interests in that land as required and as 
     designated by the Secretary for certain construction 
     activities undertaken in connection with the project; and
       (B) provided that compensation for the land and other 
     interests was to be determined by the Secretary in such 
     amounts as the Secretary determined to be just and equitable;
       (8) pursuant to that Act, the Secretary paid--
       (A) to the Spokane Tribe, $4,700; and
       (B) to the Confederated Tribes of the Colville Reservation, 
     $63,000;
       (9) in 1994, following litigation under the Act of August 
     13, 1946 (commonly known as the ``Indian Claims Commission 
     Act'' (60 Stat. 1049, chapter 959; former 25 U.S.C. 70 et 
     seq.)), Congress ratified the Colville Settlement Agreement, 
     which required--
       (A) for past use of the land of the Colville Tribes, a 
     payment of $53,000,000; and
       (B) for continued use of the land of the Colville Tribes, 
     annual payments of $15,250,000, adjusted annually based on 
     revenues from the sale of electric power from the Grand 
     Coulee Dam project and transmission of that power by the 
     Bonneville Power Administration;
       (10) the Spokane Tribe, having suffered harm similar to 
     that suffered by the Colville Tribes, did not file a claim 
     within the 5-year statute of limitations under the Indian 
     Claims Commission Act;
       (11) neither the Colville Tribes nor the Spokane Tribe 
     filed claims for compensation for use of the land of the 
     respective tribes with the Commission prior to August 13, 
     1951, but both tribes filed unrelated land claims prior to 
     August 13, 1951;
       (12) in 1976, over objections by the United States, the 
     Colville Tribes were successful in amending the 1951 Claims 
     Commission land claims to add the Grand Coulee claim of the 
     Colville Tribes;
       (13) the Spokane Tribe had no such claim to amend, having 
     settled the Claims Commission land claims of the Spokane 
     Tribe with the United States in 1967;
       (14) the Spokane Tribe has suffered significant harm from 
     the construction and operation of Grand Coulee Dam;
       (15) Spokane tribal acreage taken by the United States for 
     the construction of Grand Coulee Dam equaled approximately 39 
     percent of Colville tribal acreage taken for construction of 
     the dam;
       (16) the payments and delegation made pursuant to this Act 
     constitute fair and equitable compensation for the past and 
     continued use of Spokane tribal land for the production of 
     hydropower at Grand Coulee Dam; and
       (17) by vote of the Spokane tribal membership, the Spokane 
     Tribe has resolved that the payments and delegation made 
     pursuant to this Act constitute fair and equitable 
     compensation for the past and continued use of Spokane tribal 
     land for the production of hydropower at Grand Coulee Dam.

     SEC. 3. PURPOSE.

       The purpose of this Act is to provide fair and equitable 
     compensation to the Spokane Tribe for the use of the land of 
     the Spokane Tribe for the generation of hydropower by the 
     Grand Coulee Dam.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Bonneville Power Administration or the 
     head of any successor agency, corporation, or entity that 
     markets power produced at Grand Coulee Dam.
       (2) Colville settlement agreement.--The term ``Colville 
     Settlement Agreement'' means the Settlement Agreement entered 
     into between the United States and the Colville Tribes, 
     signed by the United States on April 21, 1994, and by the 
     Colville Tribes on April 16, 1994, to settle the claims of 
     the Colville Tribes in Docket 181-D of the Indian Claims 
     Commission, which docket was transferred to the United States 
     Court of Federal Claims.
       (3) Colville tribes.--The term ``Colville Tribes'' means 
     the Confederated Tribes of the Colville Reservation.
       (4) Computed annual payment.--The term ``Computed Annual 
     Payment'' means the payment calculated under paragraph 2.b. 
     of the Colville Settlement Agreement, without regard to any 
     increase or decrease in the payment under section 2.d. of the 
     agreement.
       (5) Confederated tribes act.--The term ``Confederated 
     Tribes Act'' means the Confederated Tribes of the Colville 
     Reservation Grand Coulee Dam Settlement Act (Public Law 103-
     436; 108 Stat. 4577).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) Spokane business council.--The term ``Spokane Business 
     Council'' means the governing body of the Spokane Tribe under 
     the constitution of the Spokane Tribe.
       (8) Spokane tribe.--The term ``Spokane Tribe'' means the 
     Spokane Tribe of Indians of the Spokane Reservation, 
     Washington.

     SEC. 5. PAYMENTS BY ADMINISTRATOR.

       (a) Initial Payment.--On March 1, 2022, the Administrator 
     shall pay to the Spokane Tribe an amount equal to 25 percent 
     of the Computed Annual Payment for fiscal year 2021.
       (b) Subsequent Payments.--
       (1) In general.--Not later than March 1, 2023, and March 1 
     of each year thereafter through March 1, 2029, the 
     Administrator shall pay the Spokane Tribe an amount equal to 
     25 percent of the Computed Annual Payment for the preceding 
     fiscal year.
       (2) March 1, 2030, and subsequent years.--Not later than 
     March 1, 2030, and March 1 of each year thereafter, the 
     Administrator shall pay the Spokane Tribe an amount equal to 
     32 percent of the Computed Annual Payment for the preceding 
     fiscal year.

     SEC. 6. TREATMENT AFTER AMOUNTS ARE PAID.

       (a) Use of Payments.--Payments made to the Spokane Business 
     Council or Spokane Tribe under section 5 may be used or 
     invested by the Spokane Business Council in

[[Page S4664]]

     the same manner and for the same purposes as other Spokane 
     Tribe governmental amounts.
       (b) No Trust Responsibility of the Secretary.--Neither the 
     Secretary nor the Administrator shall have any trust 
     responsibility for the investment, supervision, 
     administration, or expenditure of any amounts after the date 
     on which the funds are paid to the Spokane Business Council 
     or Spokane Tribe under section 5.
       (c) Treatment of Funds for Certain Purposes.--The payments 
     of all amounts to the Spokane Business Council and Spokane 
     Tribe under section 5, and the interest and income generated 
     by those amounts, shall be treated in the same manner as 
     payments under section 6 of the Saginaw Chippewa Indian Tribe 
     of Michigan Distribution of Judgment Funds Act (100 Stat. 
     677).
       (d) Tribal Audit.--After the date on which amounts are paid 
     to the Spokane Business Council or Spokane Tribe under 
     section 5, the amounts shall--
       (1) constitute Spokane Tribe governmental amounts; and
       (2) be subject to an annual tribal government audit.

     SEC. 7. REPAYMENT CREDIT.

       (a) In General.--The Administrator shall deduct from the 
     interest payable to the Secretary of the Treasury from net 
     proceeds (as defined in section 13 of the Federal Columbia 
     River Transmission System Act (16 U.S.C. 838k))--
       (1) in fiscal year 2030, $2,700,000; and
       (2) in each subsequent fiscal year in which the 
     Administrator makes a payment under section 5, $2,700,000.
       (b) Crediting.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), each deduction made under this section for the fiscal 
     year shall be--
       (A) a credit to the interest payments otherwise payable by 
     the Administrator to the Secretary of the Treasury during the 
     fiscal year in which the deduction is made; and
       (B) allocated pro rata to all interest payments on debt 
     associated with the generation function of the Federal 
     Columbia River Power System that are due during the fiscal 
     year.
       (2) Deduction greater than amount of interest.--If, in an 
     applicable fiscal year under paragraph (1), the deduction is 
     greater than the amount of interest due on debt associated 
     with the generation function for the fiscal year, the amount 
     of the deduction that exceeds the interest due on debt 
     associated with the generation function shall be allocated 
     pro rata to all other interest payments due during the fiscal 
     year.
       (3) Credit.--To the extent that a deduction exceeds the 
     total amount of interest described in paragraphs (1) and (2), 
     the deduction shall be applied as a credit against any other 
     payments that the Administrator makes to the Secretary of the 
     Treasury.

     SEC. 8. EXTINGUISHMENT OF CLAIMS.

       On the date that payment under section 5(a) is made to the 
     Spokane Tribe, all monetary claims that the Spokane Tribe has 
     or may have against the United States to a fair share of the 
     annual hydropower revenues generated by the Grand Coulee Dam 
     project for the past and continued use of land of the Spokane 
     Tribe for the production of hydropower at Grand Coulee Dam 
     shall be extinguished.

     SEC. 9. ADMINISTRATION.

       Nothing in this Act establishes any precedent or is binding 
     on the Southwestern Power Administration, Western Area Power 
     Administration, or Southeastern Power Administration.

                                 S. 46

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Klamath Tribe Judgment Fund 
     Repeal Act''.

     SEC. 2. REPEAL.

       Public Law 89-224 (commonly known as the ``Klamath Tribe 
     Judgment Fund Act'') (79 Stat. 897) is repealed.

     SEC. 3. DISBURSEMENT OF REMAINING FUNDS.

       Notwithstanding any provision of Public Law 89-224 (79 
     Stat. 897) (as in effect on the day before the date of 
     enactment of this Act) relating to the distribution or use of 
     funds, as soon as practicable after the date of enactment of 
     this Act, the Secretary of the Interior shall disburse to the 
     Klamath Tribe the balance of any funds that, on or before the 
     date of enactment of this Act, were appropriated or deposited 
     into the trust accounts for remaining legal fees and 
     administration and per capita trust accounts, as identified 
     by the Secretary of the Interior, under that Act (as in 
     effect on the day before the date of enactment of this Act).

                                 S. 199

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Leech Lake Band of Ojibwe 
     Reservation Restoration Act''.

     SEC. 2. LEECH LAKE BAND OF OJIBWE RESERVATION RESTORATION.

       (a) Findings.--Congress finds that--
       (1) the Federal land described in subsection (b)(1) was 
     taken from members of the Leech Lake Band of Ojibwe during a 
     period--
       (A) beginning in 1948;
       (B) during which the Bureau of Indian Affairs incorrectly 
     interpreted an order of the Secretary of the Interior to mean 
     that the Department of the Interior had the authority to sell 
     tribal allotments without the consent of a majority of the 
     rightful landowners; and
       (C) ending in 1959, when the Secretary of the Interior 
     was--
       (i) advised that sales described in subparagraph (B) were 
     illegal; and
       (ii) ordered to cease conducting those sales;
       (2) as a result of the Federal land described in subsection 
     (b)(1) being taken from members of the Leech Lake Band of 
     Ojibwe, the Leech Lake Band of Ojibwe hold the smallest 
     percentage of its original reservation lands of any Ojibwe 
     bands in Minnesota;
       (3)(A) the applicable statute of limitations prohibits 
     individuals from pursuing through litigation the return of 
     the land taken as described in paragraph (1); but
       (B) a Federal judge ruled that the land could be restored 
     to the affected individuals through the legislative process;
       (4) a comprehensive review of the Federal land demonstrated 
     that--
       (A) a portion of the Federal land is encumbered by--
       (i) utility easements;
       (ii) rights-of-way for roads; and
       (iii) flowage and reservoir rights; and
       (B) there are no known cabins, campgrounds, lodges, or 
     resorts located on any portion of the Federal land; and
       (5) on reacquisition by the Tribe of the Federal land, the 
     Tribe--
       (A) has pledged to respect the easements, rights-of-way, 
     and other rights described in paragraph (4)(A); and
       (B)(i) does not intend immediately to modify the use of the 
     Federal land; but
       (ii) will keep the Federal land in tax-exempt fee status as 
     part of the Chippewa National Forest until the Tribe develops 
     a plan that allows for a gradual subdivision of some tracts 
     for economic and residential development by the Tribe.
       (b) Definitions.--In this section:
       (1) Federal land.--
       (A) In general.--The term ``Federal land'' means the 
     approximately 11,760 acres of Federal land located in the 
     Chippewa National Forest in Cass County, Minnesota, the 
     boundaries of which shall be depicted on the map, and 
     described in the legal description, submitted under 
     subsection (d)(1)(B).
       (B) Inclusions.--The term ``Federal land'' includes--
       (i) any improvement located on the Federal land described 
     in subparagraph (A); and
       (ii) any appurtenance to the Federal land.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (3) Tribe.--The term ``Tribe'' means the Leech Lake Band of 
     Ojibwe.
       (c) Transfer to Reservation.--
       (1) In general.--Subject to valid existing rights and 
     paragraph (2), the Secretary shall transfer to the 
     administrative jurisdiction of the Secretary of the Interior 
     all right, title, and interest of the United States in and to 
     the Federal land.
       (2) Treatment.--Effective immediately on the transfer under 
     paragraph (1), the Federal land shall be--
       (A) held in trust by the United States for the benefit of 
     the Tribe; and
       (B) considered to be a part of the reservation of the 
     Tribe.
       (d) Survey, Map, and Legal Description.--
       (1) In general.--The Secretary shall--
       (A) not later than 180 days after the date of enactment of 
     this Act, complete a plan of survey to establish the 
     boundaries of the Federal land; and
       (B) as soon as practicable after the date of enactment of 
     this Act, submit a map and legal description of the Federal 
     land to--
       (i) the Committee on Natural Resources of the House of 
     Representatives; and
       (ii) the Committee on Indian Affairs of the Senate.
       (2) Force and effect.--The map and legal description 
     submitted under paragraph (1)(B) shall have the same force 
     and effect as if included in this Act, except that the 
     Secretary may correct any clerical or typographical error in 
     the map or legal description.
       (3) Public availability.--The map and legal description 
     submitted under paragraph (1)(B) shall be on file and 
     available for public inspection in the office of the 
     Secretary.
       (e) Administration.--
       (1) In general.--Except as otherwise expressly provided in 
     this section, nothing in this section affects any right or 
     claim of the Tribe, as in existence on the date of enactment 
     of this Act, to any land or interest in land.
       (2) Prohibitions.--
       (A) Exports of unprocessed logs.--Federal law (including 
     regulations) relating to the export of unprocessed logs 
     harvested from Federal land shall apply to any unprocessed 
     logs that are harvested from the Federal land.
       (B) Non-permissible use of land.--The Federal land shall 
     not be eligible or used for any gaming activity carried out 
     under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et 
     seq.).
       (3) Forest management.--Any commercial forestry activity 
     carried out on the Federal land shall be managed in 
     accordance with applicable Federal law.
  Mr. McCONNELL. I ask unanimous consent that the motions to reconsider 
be considered made and laid upon the table, all en bloc.

[[Page S4665]]

  The PRESIDING OFFICER. Without objection, it is so ordered.

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