I 

118TH CONGRESS 

2D SESSION H. R. 7859 

To authorize the integration and administrative streamlining of Federal funding for Indian Tribes that have reservations, other Tribal lands, or 

ways of life at risk due to environmental impacts and natural disasters, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 2, 2024 

Mr. KILMER (for himself, Mr. SIMPSON, Ms. PEREZ, and Mr. COLE) introduced the following bill; which was referred to the Committee on Natural 

Resources 

A BILL 

To authorize the integration and administrative streamlining 

of Federal funding for Indian Tribes that have reservations, other Tribal lands, or ways of life at risk due 

to environmental impacts and natural disasters, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Tribal Environmental Resiliency Resources Act’’ or the 

6 ‘‘TERRA Act’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 7859 IH

1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Statement of purpose. 

Sec. 3. Definitions. 

Sec. 4. Lead agency. 

TITLE I—PROGRAM COMPONENTS; PLAN DEVELOPMENT AND 

APPROVAL 

Sec. 101. Integration of Federal programs authorized. 

Sec. 102. Eligible Federal programs. 

Sec. 103. Activities authorized under a Plan. 

Sec. 104. Plan requirements. 

Sec. 105. Technical assistance. 

Sec. 106. Plan submission and review. 

Sec. 107. Waiver authority. 

Sec. 108. Plan approval or denial. 

TITLE II—PLAN IMPLEMENTATION; FUNDING ADMINISTRATION; 

INTERDEPARTMENTAL MEMORANDUM OF AGREEMENT; REPORT 

Sec. 201. Reduced reporting requirements. 

Sec. 202. Streamlined permitting and review implementation. 

Sec. 203. Expedited fee-to-trust process for Plan implementation. 

Sec. 204. Streamlined funding framework implementation. 

Sec. 205. Transfer and distribution of funds. 

Sec. 206. Administration of funds. 

Sec. 207. No reduction in amounts. 

Sec. 208. Interdepartmental memorandum of agreement. 

Sec. 209. Report required. 

3 SEC. 2. STATEMENT OF PURPOSE. 

4 The purpose of this Act is to empower Indian Tribes 

5 that have reservations, other Tribal lands, or ways of life 

6 at risk due to environmental impacts and natural disas7 ters, including flooding, erosion, sea level rise, permafrost 

8 degradation, ocean acidification, extended drought, ex9 treme temperatures, and more frequent and severe 

10 wildfires, hurricanes, and tornadoes, to integrate funding 

11 from multiple eligible Federal programs into comprehen12 sive Plans designed to meet the needs of those Indian 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 7859 IH

1 Tribes and their communities with respect to preventing 

2 or addressing those environmental impacts or natural dis3 asters, including by community-driven relocation, if appli4 cable, while— 

5 (1) reducing administrative, reporting, and ac6 counting costs; and 

7 (2) serving Tribally determined goals consistent 

8 with the policy of self-determination, the unique 

9 Government-to-Government relationship between the 

10 Government of the United States and the Govern11 ments of Indian Tribes, and the unique Federal 

12 trust responsibility to Indian Tribes and Indian peo13 ple assumed by the United States, including all Fed14 eral agencies. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) AFFECTED AGENCY.—The term ‘‘affected 

18 agency’’ means a Federal agency that administers a 

19 program that has been integrated, or is being pro20 posed for integration, into a Plan. 

21 (2) COORDINATED PROJECT SCHEDULE.—The 

22 term ‘‘coordinated project schedule’’ means the co23 ordinated project schedule required under section 

24 202(c)(1). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•HR 7859 IH

1 (3) DEPARTMENT.—The term ‘‘Department’’ 

2 means the Department of the Interior. 

3 (4) FEDERAL AGENCY.—The term ‘‘Federal 

4 agency’’ has the meaning given the term ‘‘agency’’ 

5 in section 551 of title 5, United States Code. 

6 (5) FEDERAL PARTNER.—The term ‘‘Federal 

7 partner’’ means each of— 

8 (A) the Department; 

9 (B) the Department of Agriculture; 

10 (C) the Department of the Army; 

11 (D) the Department of Commerce; 

12 (E) the Department of Defense; 

13 (F) the Department of Energy; 

14 (G) the Department of Health and Human 

15 Services; 

16 (H) the Department of Homeland Secu17 rity; 

18 (I) the Department of Housing and Urban 

19 Development; 

20 (J) the Department of Justice; 

21 (K) the Department of Transportation; 

22 (L) the Department of the Treasury; 

23 (M) the Environmental Protection Agency; 

24 (N) the Federal Communications Commis25 sion; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•HR 7859 IH

1 (O) the Federal Energy Regulatory Com2 mission; 

3 (P) the Advisory Council on Historic Pres4 ervation; and 

5 (Q) any other Federal agency that oper6 ates a program determined eligible by the Sec7 retary for integration into a Plan under this 

8 Act. 

9 (6) FEDERAL PROGRAM.—The term ‘‘Federal 

10 program’’ means any Federal program or Federal 

11 funding source that an Indian Tribe integrates or 

12 seeks to integrate into the Plan of the Indian Tribe. 

13 (7) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

14 has the meaning given the term in section 4 of the 

15 Indian Self-Determination and Education Assistance 

16 Act (25 U.S.C. 5304). 

17 (8) NEPA.—The term ‘‘NEPA’’ means the Na18 tional Environmental Policy Act of 1969 (42 U.S.C. 

19 4321 et seq.). 

20 (9) PARTICIPATING AGENCY.—The term ‘‘par21 ticipating agency’’ means a Federal agency that, re22 gardless of whether the Federal agency is a Federal 

23 partner or an affected agency— 

24 (A) has review, permitting, or other au25 thorization responsibility with respect to the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•HR 7859 IH

1 services or activities to be carried out under a 

2 Plan, including responsibilities that require re3 view under NEPA, section 306108 of title 54, 

4 United States Code (commonly known as the 

5 ‘‘National Historic Preservation Act’’), or other 

6 applicable Federal law; 

7 (B) is designated by the Secretary as a 

8 participating agency for that Plan; and 

9 (C) participates in the streamlined permit10 ting and review procedures for implementing 

11 that Plan, in accordance with section 202. 

12 (10) PLAN.—The term ‘‘Plan’’ means a Plan 

13 authorized under this Act. 

14 (11) SECRETARY.—The term ‘‘Secretary’’ 

15 means the Secretary of the Interior. 

16 SEC. 4. LEAD AGENCY. 

17 Notwithstanding any other provision of law— 

18 (1) the lead Federal agency responsible for im19 plementation of this Act is the Department; and 

20 (2) unless otherwise provided in this Act, the 

21 Secretary possesses sole and exclusive decision22 making authority for all Federal actions under this 

23 Act, including the sole and exclusive authority to de24 termine whether a Federal program is eligible for in25 tegration into a Plan. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•HR 7859 IH

1 TITLE I—PROGRAM COMPO2 NENTS; PLAN DEVELOPMENT 

3 AND APPROVAL 

4 SEC. 101. INTEGRATION OF FEDERAL PROGRAMS AUTHOR5 IZED. 

6 The Secretary shall, on approving a proposed Plan 

7 submitted by an Indian Tribe under this Act, authorize 

8 the Indian Tribe, in accordance with the Plan— 

9 (1) to integrate funding from eligible Federal 

10 programs (referred to in this section as the ‘‘inte11 grated Federal programs’’), including by imple12 menting any waivers of statutory, regulatory, and 

13 administrative requirements, regulations, policies, 

14 and procedures granted under section 107; 

15 (2) to carry out the core services and activities 

16 that would otherwise be provided through the inte17 grated Federal programs in accordance with the des18 ignated purposes of the Plan; 

19 (3) to reallocate funds from the integrated Fed20 eral programs, as needed, among the various serv21 ices and activities to be carried out under the Plan 

22 in accordance with the designated purposes of the 

23 Plan without the need for any waiver to be granted 

24 under section 107; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•HR 7859 IH

1 (4) if appropriate, and in accordance with the 

2 designated purposes of the Plan, to reallocate some 

3 or all of the funds from the integrated Federal pro4 grams to costs associated with community-driven re5 location; and 

6 (5) to provide a single report each year, based 

7 on the model report developed under section 

8 201(b)— 

9 (A) in lieu of reporting, recordkeeping, au10 diting, or similar requirements or procedures 

11 associated with the integrated Federal pro12 grams; and 

13 (B) without the need for a waiver to be 

14 granted under section 107. 

15 SEC. 102. ELIGIBLE FEDERAL PROGRAMS. 

16 To be eligible for integration into a Plan, a Federal 

17 program must meet the following criteria with respect to 

18 the purpose and nature of funding: 

19 (1) PURPOSE.—The Federal program is imple20 mented for a purpose that helps to address environ21 mental resiliency, which may include advancing such 

22 purpose through— 

23 (A) climate resilience, mitigation, or relo24 cation; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•HR 7859 IH

1 (B) disaster relief, preparedness, or pre2 vention; 

3 (C) environmental remediation; 

4 (D) housing; 

5 (E) infrastructure maintenance or develop6 ment; 

7 (F) economic development; 

8 (G) land management (including pur9 chasing, leasing, and fee-to-trust); 

10 (H) capacity building; 

11 (I) real estate services; 

12 (J) natural resources management or de13 velopment; 

14 (K) energy or utility services; and 

15 (L) any purpose relating to, or otherwise 

16 supporting or facilitating, a purpose described 

17 in subparagraphs (A) through (K). 

18 (2) NATURE OF FUNDING.—The funding of the 

19 Federal program is provided based on— 

20 (A) the eligibility of an Indian Tribe or 

21 members of an Indian Tribe to receive funds— 

22 (i) under a statutory or administrative 

23 formula making funds available to the In24 dian Tribe or members of the Indian 

25 Tribe; or 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•HR 7859 IH

1 (ii) based solely or in part on the sta2 tus of the Indian Tribe or members of the 

3 Indian Tribe as Indians under Federal law; 

4 (B) the fact that an Indian Tribe or mem5 bers of an Indian Tribe have secured funds as 

6 a result of a noncompetitive process or a spe7 cific designation; 

8 (C) a competitive process under which In9 dian Tribes are designated eligible recipients, 

10 regardless of whether the competitive funding is 

11 for the benefit of the Indian Tribe because of 

12 the status of the Indian Tribe or the status of 

13 the beneficiaries the funding serves; or 

14 (D) block grant funds provided to an In15 dian Tribe, regardless of whether the block 

16 grant is for the benefit of the Indian Tribe be17 cause of the status of the Indian Tribe or the 

18 status of the beneficiaries the grant serves. 

19 SEC. 103. ACTIVITIES AUTHORIZED UNDER A PLAN. 

20 Federal funding integrated into a Plan shall be ex21 pended for purposes— 

22 (1) consistent with the core services or activities 

23 that otherwise would have been provided or carried 

24 out under the Federal programs integrated into the 

25 Plan; or 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
11 

•HR 7859 IH

1 (2) relating to community-driven relocation. 

2 SEC. 104. PLAN REQUIREMENTS. 

3 (a) IN GENERAL.—A Plan submitted by an Indian 

4 Tribe to the Secretary for approval shall— 

5 (1) identify the Federal programs to be inte6 grated into the Plan; 

7 (2) be consistent with the purpose of this Act; 

8 (3) describe, at the option of the Indian 

9 Tribe— 

10 (A) the nature and severity of the environ11 ment-related threats to the existing reservation 

12 of the Indian Tribe, other Tribal lands, or ways 

13 of life; and 

14 (B) if applicable, a strategy for commu15 nity-driven relocation to be addressed by the 

16 Plan, including— 

17 (i) the general location of the pro18 posed relocation efforts; and 

19 (ii) a summary of geospatial informa20 tion, if available, illustrating— 

21 (I) the proposed relocation area; 

22 and 

23 (II) if applicable, the locations of 

24 environmental, cultural, and historic 

25 resources; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
12 

•HR 7859 IH

1 (4) describe the way in which Federal program 

2 funds and services are to be integrated, consolidated, 

3 and delivered to provide services and carry out ac4 tivities under the designated purposes of the Plan, 

5 including provisions that detail how funding sources 

6 are anticipated to be coordinated, consistent with 

7 section 204(b); 

8 (5) identify any need for taking land into trust 

9 for the benefit of the Indian Tribe for environment10 related purposes, pursuant to section 203; 

11 (6) identify the projected expenditures under 

12 the Plan in a single budget covering all consolidated 

13 funds; 

14 (7) identify any Federal environmental or his15 toric preservation reviews, permits, or other author16 izations anticipated to be required to be completed 

17 or obtained to implement the Plan, including any re18 views that may be required under NEPA or section 

19 306108 of title 54, United States Code (commonly 

20 known as the ‘‘National Historic Preservation Act’’); 

21 (8) identify any statutory, regulatory, or admin22 istrative requirements, regulations, policies, or proce23 dures that the Indian Tribe believes need to be 

24 waived to efficiently and effectively implement the 

25 Plan; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
13 

•HR 7859 IH

1 (9) be approved by the governing body of the 

2 Indian Tribe, by resolution or other applicable 

3 means. 

4 (b) CONFIDENTIALITY.—Any information relating to 

5 Tribal natural, cultural, and historical resources sub6 mitted in a Plan shall be— 

7 (1) kept confidential; and 

8 (2) exempt from the disclosure requirements 

9 under section 552(b)(3) of title 5, United States 

10 Code (commonly known as the ‘‘Freedom of Infor11 mation Act’’) and chapter 10 of part I of title 5, 

12 United States Code (commonly known as the ‘‘Fed13 eral Advisory Committee Act’’). 

14 SEC. 105. TECHNICAL ASSISTANCE. 

15 (a) IN GENERAL.—On request of an Indian Tribe, 

16 the Secretary shall provide technical assistance to the In17 dian Tribe with respect to any phase or aspect of a Plan, 

18 including— 

19 (1) project planning and design to develop a 

20 proposed Plan for submission; and 

21 (2) review by the Secretary of a draft proposed 

22 Plan, in accordance with subsection (b). 

23 (b) REVIEW BY SECRETARY.—If an Indian Tribe re24 quests review of a draft proposed Plan under subsection 

25 (a)(2), the Secretary shall— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
14 

•HR 7859 IH

1 (1) provide an informal assessment of the likeli2 hood of approval by the Secretary of the draft pro3 posed Plan; 

4 (2) identify any issues or missing information 

5 that may prevent the approval of the draft proposed 

6 Plan; and 

7 (3) provide followup technical assistance to re8 solve any issues described in paragraph (2), as appli9 cable. 

10 (c) REVIEW NOT A DECISION.—A review of a draft 

11 proposed Plan under subsection (b) shall not constitute 

12 an official Federal agency determination or decision. 

13 (d) AGENCY CONSULTATION.— 

14 (1) IN GENERAL.—In providing technical assist15 ance under subsection (a), on request of the Indian 

16 Tribe receiving technical assistance, or as the Sec17 retary determines appropriate, the Secretary shall 

18 consult with any Federal agencies anticipated to be 

19 affected agencies or participating agencies with re20 spect to the applicable Plan. 

21 (2) SCOPE.—Federal agencies with which the 

22 Secretary consults under paragraph (1) shall provide 

23 technical assistance with respect to any requested 

24 phase or aspect of a Plan, including— 

25 (A) waiver requests under section 107; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
15 

•HR 7859 IH

1 (B) streamlined funding frameworks under 

2 section 204; and 

3 (C) coordinated project scheduling under 

4 section 202(c). 

5 SEC. 106. PLAN SUBMISSION AND REVIEW. 

6 (a) NOTICE.—An Indian Tribe shall notify the Sec7 retary, in writing, of the intent of the Indian Tribe to pre8 pare a proposed Plan. 

9 (b) CONSULTATION.—On receipt of notice from an 

10 Indian Tribe under subsection (a), the Secretary shall con11 sult with the Indian Tribe— 

12 (1) to identify potential Federal programs that 

13 may be integrated into the proposed Plan; and 

14 (2) to identify any waivers of applicable statu15 tory, regulatory, or administrative requirements, reg16 ulations, policies, or procedures necessary to enable 

17 the Indian Tribe to efficiently and effectively imple18 ment the proposed Plan. 

19 (c) PLAN SUBMISSION.—A proposed Plan submitted 

20 by an Indian Tribe to the Secretary shall satisfy the re21 quirements of this Act, including any requested waivers 

22 under section 107. 

23 SEC. 107. WAIVER AUTHORITY. 

24 (a) TRIBAL WAIVER REQUEST.—In consultation with 

25 the Secretary, an Indian Tribe submitting a proposed Plan 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
16 

•HR 7859 IH

1 may include in the proposed Plan a request that the head 

2 of an affected agency waive any statutory, regulatory, or 

3 administrative requirement, regulation, policy, or proce4 dure that the Indian Tribe considers necessary to enable 

5 the Indian Tribe to efficiently and effectively implement 

6 the proposed Plan. 

7 (b) WAIVER AUTHORITY.— 

8 (1) IN GENERAL.—Notwithstanding any other 

9 provision of law, but subject to paragraph (2), the 

10 head of an affected agency shall waive any applica11 ble statutory, regulatory, or administrative require12 ment, regulation, policy, or procedure for which an 

13 Indian Tribe has requested a waiver under sub14 section (a), including— 

15 (A) matching requirements; 

16 (B) competition procedures and other com17 petitive funding requirements; 

18 (C) formula funding limitations; 

19 (D) repayment obligations; 

20 (E) deadlines; and 

21 (F) any statutory requirements that may 

22 be interpreted to prevent— 

23 (i) the Indian Tribe from receiving 

24 funds from multiple, or overlapping, 

25 sources of Federal funding; or 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
17 

•HR 7859 IH

1 (ii) the creation by the head of the af2 fected agency of a funding set-aside for In3 dian Tribes. 

4 (2) LIMITATION.—A waiver requested by an In5 dian Tribe under paragraph (1) shall not be granted 

6 if the head of the affected agency determines grant7 ing the waiver will be inconsistent with— 

8 (A) the purpose of this Act; or 

9 (B) the provision of law from which the 

10 Federal program included in the Plan derives 

11 its authority that is specifically applicable to In12 dians. 

13 (c) WAIVER SUBMISSION AND REVIEW.— 

14 (1) DETERMINATION ON WAIVER REQUEST.— 

15 Not later than 45 days after the date on which an 

16 Indian Tribe submits a waiver request under sub17 section (a), the head of the affected agency shall— 

18 (A) make a determination on whether to 

19 grant or deny the request; and 

20 (B) provide written notice of the deter21 mination and the reasons for the determination 

22 to the requesting Indian Tribe and the Sec23 retary. 

24 (2) DEEMED APPROVAL.—If the head of an af25 fected agency does not provide written notice to the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
18 

•HR 7859 IH

1 Indian Tribe of a determination on a waiver request 

2 within the 45-day period described in paragraph (1), 

3 the waiver request shall be deemed to be granted. 

4 (3) INTERAGENCY DISPUTE RESOLUTION.— 

5 (A) IN GENERAL.—On the request of an 

6 Indian Tribe that submitted a waiver request 

7 under subsection (a), the Secretary shall estab8 lish and initiate an interagency dispute resolu9 tion process involving— 

10 (i) the Secretary; 

11 (ii) the Indian Tribe; and 

12 (iii) the head of the affected agency. 

13 (B) TIMELINE.—A dispute initiated under 

14 subparagraph (A) shall be resolved not later 

15 than 30 days after the date on which the proc16 ess is initiated under that subparagraph. 

17 (C) FINAL AUTHORITY.—If the dispute 

18 resolution process fails to resolve the dispute 

19 between the Indian Tribe and the affected 

20 agency, the head of the affected agency shall 

21 have the final authority to resolve the dispute. 

22 (D) NOTICE TO INDIAN TRIBE.—Not later 

23 than 10 days after the date on which the dis24 pute is resolved under this paragraph, the Sec25 retary shall provide the Indian Tribe with— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
19 

•HR 7859 IH

1 (i) the final determination on the 

2 waiver request; and 

3 (ii) notice of the right to file an ap4 peal in accordance with section 108(d)(2). 

5 SEC. 108. PLAN APPROVAL OR DENIAL. 

6 (a) IN GENERAL.—The Secretary shall have the sole 

7 and exclusive authority to approve or disapprove— 

8 (1) a Plan submitted by an Indian Tribe; and 

9 (2) the integration of a Federal program into 

10 the Plan. 

11 (b) APPROVAL OR DENIAL PROCESS.— 

12 (1) IN GENERAL.—Except as provided in sub13 section (c), not later than 90 days after the date on 

14 which the Secretary receives a proposed Plan sub15 mitted by an Indian Tribe, the Secretary shall— 

16 (A) approve or deny the Plan; and 

17 (B) provide written notice of that decision 

18 to the Indian Tribe. 

19 (2) APPROVAL.—If the Secretary approves a 

20 Plan, the Secretary shall authorize the transfer and 

21 distribution of funds associated with the Federal 

22 programs integrated into the Plan. 

23 (3) DENIAL.—If the Secretary denies a Plan, 

24 the Secretary shall provide to the Indian Tribe writ25 ten notification of disapproval that contains a speVerDate Sep 11 2014 21:37 Apr 13, 2024 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H7859.IH H7859

kjohnson on DSK7ZCZBW3PROD with $$_JOB
20 

•HR 7859 IH

1 cific finding that clearly demonstrates, or that is 

2 supported by controlling legal authority, that the 

3 Plan does not meet the requirements of this Act. 

4 (4) PARTIAL APPROVAL.—If the Secretary de5 termines a Plan cannot be approved in its entirety, 

6 the Secretary shall approve any portion of the Plan 

7 that can be approved and deny any portion of the 

8 proposed Plan that cannot be approved, pursuant to 

9 the processes described in this subsection. 

10 (5) DEEMED APPROVAL.—If the Secretary does 

11 not provide written notice to an Indian Tribe of a 

12 decision on a Plan within the 90-day period de13 scribed in paragraph (1), the Plan shall be deemed 

14 approved. 

15 (c) EXTENSION OF TIME.— 

16 (1) IN GENERAL.—Subject to paragraph (2), 

17 the Secretary may extend or otherwise alter the 90- 

18 day period described in subsection (b)(1) if, before 

19 expiration of the original 90-day period, the Sec20 retary obtains the express written consent of the In21 dian Tribe that submitted the applicable Plan. 

22 (2) EXTENSION RESTRICTIONS.—An extension 

23 or alteration of the 90-day period under paragraph 

24 (1) may only be— 

25 (A) provided once; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
21 

•HR 7859 IH

1 (B) for a period of not more than 90 days. 

2 (d) REVIEW OF DENIAL.—In addition to the require3 ments of subsection (b)(3), if the Secretary denies or par4 tially denies a proposed Plan the Secretary shall— 

5 (1) provide technical assistance to the applica6 ble Indian Tribe with respect to the denied proposed 

7 Plan, or the denied portion of the proposed Plan, to 

8 ensure the proposed Plan meets the requirements of 

9 this Act, if possible; and 

10 (2) inform the Indian Tribe of the option of the 

11 Indian Tribe to request a hearing on the record be12 fore an administrative law judge with the right to 

13 engage in full discovery relevant to any issue raised 

14 in the matter and the opportunity for appeal on the 

15 matters raised by the Secretary under subsection 

16 (b)(3), under such rules and regulations as the Sec17 retary may issue. 

18 (e) CIVIL ACTIONS.— 

19 (1) IN GENERAL.—An Indian Tribe may bring 

20 a civil action in a district court of the United States 

21 against— 

22 (A) the Secretary for a Plan denial under 

23 this section; and 

24 (B) an affected agency for a waiver denial 

25 under section 107. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
22 

•HR 7859 IH

1 (2) ADMINISTRATIVE EXHAUSTION NOT RE2 QUIRED.—An Indian Tribe may bring a civil action 

3 under paragraph (1) without regard to whether the 

4 Indian Tribe had an administrative hearing for a 

5 Plan denial under subsection (d)(2) or engaged in 

6 the dispute resolution process for a waiver denial 

7 under section 107(c)(3). 

8 (3) RELIEF.—In a civil action brought by an 

9 Indian Tribe under paragraph (1), a district court of 

10 the United States may order appropriate relief (in11 cluding injunctive relief to reverse a denial of a Plan 

12 or a waiver to compel an officer or employee of the 

13 United States, or any agency thereof, to perform a 

14 duty provided under this Act or regulations promul15 gated under this Act) against any action by an offi16 cer or employee of the United States or any Federal 

17 agency contrary to this Act or regulations promul18 gated under this Act. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
23 

•HR 7859 IH

1 TITLE II—PLAN IMPLEMENTA2 TION; FUNDING ADMINISTRA3 TION; INTERDEPARTMENTAL 

4 MEMORANDUM OF AGREE5 MENT; REPORT 

6 SEC. 201. REDUCED REPORTING REQUIREMENTS. 

7 (a) CERTAIN FEDERAL PROGRAM REQUIREMENTS

8 SUPERSEDED.—An Indian Tribe with a Plan approved by 

9 the Secretary under section 108— 

10 (1) shall be required to submit a single report 

11 each year based on the model report developed by 

12 the Secretary under subsection (b)(1) in accordance 

13 with the Plan of the Indian Tribe; and 

14 (2) shall not be required to comply with report15 ing, recordkeeping, auditing, or similar requirements 

16 or procedures required by individual Federal pro17 grams integrated into the Plan of the Indian Tribe. 

18 (b) DUTIES OF SECRETARY.—The Secretary shall— 

19 (1) develop a model report, to be made available 

20 to the Indian Tribes, that describes all services or 

21 activities undertaken and expenditures made under a 

22 Plan; 

23 (2) develop and use a single monitoring and 

24 oversight system for Plans, which shall record all inVerDate Sep 11 2014 21:37 Apr 13, 2024 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H7859.IH H7859

kjohnson on DSK7ZCZBW3PROD with $$_JOB
24 

•HR 7859 IH

1 formation relevant to the administration of Plans, 

2 including, for each Plan— 

3 (A) annual reports submitted by Indian 

4 Tribes under this section; 

5 (B) streamlined funding frameworks, as 

6 updated by the Secretary pursuant to section 

7 204(b)(2)(B); and 

8 (C) coordinated project schedules, includ9 ing any environmental review timetables in10 cluded in those coordinated project schedules, 

11 as updated by the Secretary pursuant to section 

12 202(c)(2)(B); and 

13 (3) maintain and make available to Indian 

14 Tribes a list of all— 

15 (A) Federal programs approved and denied 

16 for integration into Plans; and 

17 (B) waiver requests granted and denied 

18 under section 107. 

19 (c) MODEL REPORT FORMAT.— 

20 (1) REQUIREMENTS.—The model report devel21 oped under subsection (b)(1) shall contain informa22 tion sufficient— 

23 (A) to determine whether the Indian Tribe 

24 has complied with the requirements of the Plan 

25 of the Indian Tribe; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
25 

•HR 7859 IH

1 (B) to enable the head of each affected 

2 agency to determine whether the Indian Tribe 

3 has complied with all directly applicable statu4 tory and regulatory requirements of the inte5 grated Federal programs of each affected agen6 cy that are not— 

7 (i) superseded on integration into a 

8 Plan; or 

9 (ii) waived under section 107. 

10 (2) LIMITATION.—The model report developed 

11 under subsection (b)(1) shall not require an Indian 

12 Tribe to report on the expenditure of funds ex13 pressed by fund source or single agency code trans14 ferred to the Indian Tribe under a Plan. 

15 SEC. 202. STREAMLINED PERMITTING AND REVIEW IMPLE16 MENTATION. 

17 (a) IDENTIFICATION OF FEDERAL AGENCIES.— 

18 (1) IN GENERAL.—On approval of a Plan by 

19 the Secretary under section 108, the Secretary, in 

20 consultation with the Indian Tribe, shall identify 

21 and invite all Federal agencies that have permitting, 

22 review, approval, or other authorization responsibil23 ities with respect to the services or activities to be 

24 carried out under the Plan, including responsibilities 

25 that require review under NEPA, section 306108 of 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
26 

•HR 7859 IH

1 title 54, United States Code (commonly known as 

2 the ‘‘National Historic Preservation Act’’), and other 

3 applicable Federal law, to participate in the stream4 lined permitting and review process described in this 

5 section. 

6 (2) LEAD AGENCY.—The Department shall be 

7 the lead Federal agency responsible for implementa8 tion of this Act. 

9 (b) PARTICIPATING AGENCIES.— 

10 (1) IN GENERAL.—A Federal agency invited 

11 under subsection (a) shall be designated as a partici12 pating agency for a Plan, unless the Federal agency 

13 informs the Secretary in writing not later than 14 

14 days after the date on which the Federal agency re15 ceives the invitation from the Secretary under that 

16 subsection that the Federal agency— 

17 (A) has no jurisdiction or review, permit18 ting, or other authorization responsibility with 

19 respect to the services or activities to be carried 

20 out under the Plan; or 

21 (B) does not intend to exercise review, per22 mitting, or other authorization responsibility re23 lating to, or submit comments on, implementa24 tion of the Plan. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
27 

•HR 7859 IH

1 (2) CHANGED CIRCUMSTANCES.—At the request 

2 of a Federal agency based on a showing of changed 

3 circumstances, the Secretary may designate a Fed4 eral agency that has opted out under paragraph 

5 (1)(A) to be a participating agency. 

6 (3) EFFECT.—Designation as a participating 

7 agency under paragraph (1) shall not grant the par8 ticipating agency authority or jurisdiction over— 

9 (A) the Plan; or 

10 (B) the services and activities to be carried 

11 out under the Plan beyond the existing statu12 tory authority of the participating agency, if 

13 any, to approve particular services or activities 

14 under the Plan. 

15 (c) COORDINATED PROJECT SCHEDULE.— 

16 (1) IN GENERAL.—Not later than 60 days after 

17 the date on which a Plan submitted to the Secretary 

18 is approved by the Secretary under section 108, the 

19 Secretary and the applicable Indian Tribe, in con20 sultation with each participating agency designated 

21 under subsection (b)(1), shall develop a coordinated 

22 project schedule for completing any review and ob23 taining any permit or other authorization required to 

24 carry out the services and activities under the Plan, 

25 except those requirements waived under section 107. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
28 

•HR 7859 IH

1 (2) REQUIRED INFORMATION.— 

2 (A) IN GENERAL.—A coordinated project 

3 schedule shall include the following information: 

4 (i) A list of, and roles and responsibil5 ities for, all participating agencies with re6 view, permitting, or other authorization re7 sponsibility for services or activities under 

8 the Plan. 

9 (ii) A discussion of potential avoid10 ance, minimization, and mitigation strate11 gies, if known and required by applicable 

12 Federal law. 

13 (iii) A plan and schedule for public 

14 and Tribal outreach and coordination, to 

15 the extent required by applicable Federal 

16 law. 

17 (iv) If applicable, an environmental 

18 review timetable, as described in subsection 

19 (d). 

20 (B) UPDATES.—The information described 

21 in subparagraph (A) shall be updated by the 

22 Secretary not less frequently than once per 

23 quarter. 

24 (d) ENVIRONMENTAL REVIEW TIMETABLE.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
29 

•HR 7859 IH

1 (1) ESTABLISHMENT.—As part of a coordinated 

2 project schedule, the Secretary, in consultation with 

3 the applicable Indian Tribe, each participating agen4 cy, and, if appropriate, any State in which the rel5 evant services or activities in the Plan are located, 

6 shall establish an environmental review timetable 

7 that includes intermediate and final completion 

8 dates for all required environmental reviews nec9 essary for each permit or other authorization re10 quired by a participating agency to support comple11 tion of the services or activities in the Plan that 

12 have not otherwise been waived under section 107, 

13 including any review required pursuant to NEPA. 

14 (2) TERM.—To the maximum extent prac15 ticable, and consistent with applicable Federal law, 

16 an environmental review timetable established under 

17 paragraph (1) shall not exceed an overall term of 1 

18 year after a Plan is approved. 

19 (3) DETERMINATIONS.—If a participating agen20 cy is required to issue a determination with respect 

21 to an environmental review, permit, or other author22 ization as part of the coordinated project schedule 

23 described in paragraph (1), the participating agency 

24 shall issue the determination not later than 90 days 

25 after all the required information for the environVerDate Sep 11 2014 21:37 Apr 13, 2024 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H7859.IH H7859

kjohnson on DSK7ZCZBW3PROD with $$_JOB
30 

•HR 7859 IH

1 mental review, permit, or other authorization is in 

2 possession of the participating agency. 

3 (4) DELAY.—If the Secretary determines that 

4 an environmental review, permit, or other authoriza5 tion will not be completed or issued in accordance 

6 with this subsection, the Secretary shall— 

7 (A) notify the participating agency respon8 sible for completing the environmental review or 

9 issuing the permit or other authorization of the 

10 discrepancy; and 

11 (B) request that the participating agency 

12 take such measures as the Secretary, in con13 sultation with the participating agency, deter14 mines appropriate to comply with that environ15 mental review timetable. 

16 (e) COORDINATION OF REQUIRED REVIEWS AND AU17 THORIZATIONS.— 

18 (1) CONCURRENT REVIEWS.—To efficiently in19 tegrate the exercise of review, permitting, and other 

20 authorization responsibilities, each participating 

21 agency shall, to the maximum extent practicable— 

22 (A) carry out the responsibilities of the 

23 participating agency with respect to a Plan con24 currently, and in conjunction with, the respon25 sibilities of other participating agencies, includVerDate Sep 11 2014 21:37 Apr 13, 2024 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H7859.IH H7859

kjohnson on DSK7ZCZBW3PROD with $$_JOB
31 

•HR 7859 IH

1 ing reviews required under NEPA and section 

2 306108 of title 54, United States Code (com3 monly known as the ‘‘National Historic Preser4 vation Act’’), unless the participating agency 

5 determines that doing so would impair the abil6 ity of the participating agency to carry out the 

7 other statutory obligations of the participating 

8 agency; 

9 (B) formulate and implement administra10 tive, policy, and procedural mechanisms to en11 able the participating agency to ensure comple12 tion of the process for reviews and issuance of 

13 permits and other authorizations in a timely, 

14 coordinated, and responsible manner; and 

15 (C) where an environmental impact state16 ment is required for services or activities in a 

17 Plan pursuant to section 102(2)(C) of NEPA 

18 (42 U.S.C. 4332(2)(C)), prepare a single, inter19 agency environmental impact statement for the 

20 services or activities unless the Secretary pro21 vides justification in the coordinated project 

22 schedule that multiple environmental impact 

23 statements are more efficient. 

24 (2) ADOPTION, INCORPORATION BY REF25 ERENCE, AND USE OF DOCUMENTS.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
32 

•HR 7859 IH

1 (A) IN GENERAL.—On the request of an 

2 Indian Tribe, the Secretary shall consider and, 

3 as appropriate, adopt or incorporate by ref4 erence, the analysis and documentation pre5 pared for a Plan under the laws and procedures 

6 of the Indian Tribe as the documentation, or 

7 part of the documentation, required to complete 

8 a review or issue a permit or other authoriza9 tion for the Plan. 

10 (B) NEPA COMPLIANCE.—A document 

11 adopted under subparagraph (A) or a document 

12 that includes documentation incorporated under 

13 that subparagraph may serve as the documenta14 tion required for an environmental review or a 

15 supplemental environmental review required to 

16 be prepared by a lead agency pursuant to 

17 NEPA. 

18 (3) PRESUMPTION OF NEGATIVE IMPACTS OF

19 TAKING NO ACTION.—For all environmental reviews 

20 required pursuant to NEPA that require consider21 ation of a no action alternative, there shall be a pre22 sumption that, given the ongoing threats addressed 

23 by this Act, the effects of taking no action will be 

24 negative for the Indian Tribe. 

25 (f) PETITION TO COURT.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
33 

•HR 7859 IH

1 (1) RIGHT TO PETITION.—An Indian Tribe may 

2 obtain a review of an alleged failure by a partici3 pating agency to act in accordance with an applica4 ble deadline described in a coordinated project 

5 schedule by filing a written petition with a court of 

6 competent jurisdiction seeking an order under para7 graph (2). 

8 (2) COURT ORDER.—If a court of competent ju9 risdiction finds that a participating agency has failed 

10 to act in accordance with an applicable deadline de11 scribed in paragraph (1), the court shall set a sched12 ule and deadline for the participating agency to act 

13 as soon as practicable, which shall not exceed 90 

14 days from the date on which the order of the court 

15 is issued, unless the court determines a longer time 

16 is necessary to comply with applicable law. 

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

18 IMPLEMENTATION. 

19 (a) MANDATORY TRUST ACQUISITIONS.—On request 

20 of an Indian Tribe, the Secretary shall take land into trust 

21 for the benefit of the Indian Tribe if the Indian Tribe— 

22 (1) acquired the land using funds distributed in 

23 accordance with a Plan; or 

24 (2) after the Indian Tribe acquires the land, the 

25 Secretary determines the Indian Tribe faces immiVerDate Sep 11 2014 21:37 Apr 13, 2024 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H7859.IH H7859

kjohnson on DSK7ZCZBW3PROD with $$_JOB
34 

•HR 7859 IH

1 nent environmental risk if not able to immediately 

2 relocate. 

3 (b) DISCRETIONARY TRUST ACQUISITIONS.—On re4 quest of an Indian Tribe, the Secretary may take into 

5 trust for the benefit of the Indian Tribe any land owned 

6 by the Indian Tribe and intended for use pursuant to a 

7 Plan, regardless of when the land was acquired, in accord8 ance with this section and the procedures described in part 

9 151 of title 25, Code of Federal Regulations (or successor 

10 regulations), except that— 

11 (1)(A) the Indian Tribe shall not be subject to 

12 the documentation requirements described in that 

13 part; but 

14 (B) the Indian Tribe shall be required to con15 sult with the Secretary to ensure the necessary in16 formation for the trust acquisition request is in17 cluded in the Plan (or in subsequent materials); and 

18 (2) the Secretary shall— 

19 (A) evaluate the trust acquisition request 

20 using the procedures for an on-reservation ac21 quisition pursuant to 25 CFR 151.9(c) or an 

22 initial Indian acquisition pursuant to 25 CFR 

23 151.12(c) (as in effect on the date of the enact24 ment of this Act), as applicable, regardless of 

25 the actual location of the land; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
35 

•HR 7859 IH

1 (B) evaluate the request using the environ2 mental review process described in section 202, 

3 as applicable; and 

4 (C) act on the request of an Indian Tribe 

5 in accordance with the timeframe for approving 

6 or denying a Plan under section 108. 

7 SEC. 204. STREAMLINED FUNDING FRAMEWORK IMPLE8 MENTATION. 

9 (a) IN GENERAL.—The Secretary, in consultation 

10 with the applicable Indian Tribe, shall lead all affected 

11 agencies with funding integrated into a Plan in developing 

12 and implementing the streamlined funding frameworks de13 scribed in this section. 

14 (b) STREAMLINED FUNDING FRAMEWORK.— 

15 (1) IN GENERAL.—In consultation with the ap16 plicable Indian Tribe, the Secretary shall develop a 

17 streamlined funding framework for each Plan that 

18 details how funding sources will be coordinated for 

19 the Federal programs integrated into a Plan, con20 sistent with the requirements of this Act. 

21 (2) REQUIRED INFORMATION.— 

22 (A) IN GENERAL.—Each streamlined fund23 ing framework developed under paragraph (1) 

24 shall include the following information: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
36 

•HR 7859 IH

1 (i) A list of, and roles and responsibil2 ities for, all affected agencies with Federal 

3 programs integrated into a Plan. 

4 (ii) A funding timetable establishing a 

5 comprehensive schedule of dates by 

6 which— 

7 (I) all funds are expected to be 

8 apportioned to the affected agencies; 

9 and 

10 (II) those funds shall be trans11 ferred to the Secretary and disbursed 

12 to the Indian Tribe, in accordance 

13 with the requirements of section 205. 

14 (B) UPDATES.—The information described 

15 in subparagraph (A) shall be updated by the 

16 Secretary not less frequently than once per 

17 quarter. 

18 (3) AFFECTED AGENCIES.—To efficiently and 

19 effectively integrate funding from Federal programs 

20 according to a Plan, each affected agency shall, to 

21 the maximum extent practicable— 

22 (A) formulate and implement administra23 tive, policy, and procedural mechanisms to en24 able the affected agency to coordinate funding 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
37 

•HR 7859 IH

1 with the funding sources of other affected agen2 cies; and 

3 (B) carry out the obligations of the af4 fected agency with respect to a Plan under any 

5 other applicable Federal law concurrently, and 

6 in conjunction with, other affected agencies, un7 less the affected agency determines that doing 

8 so would impair the ability of the affected agen9 cy to carry out other statutory obligations of 

10 the affected agency. 

11 SEC. 205. TRANSFER AND DISTRIBUTION OF FUNDS. 

12 (a) RESPONSIBILITY.—The Secretary shall be re13 sponsible for— 

14 (1) the receipt of all funds covered by a Plan 

15 approved by the Secretary under section 108; and 

16 (2) the distribution of those funds to the appli17 cable Indian Tribe by not later than 45 days after 

18 the date on which the Secretary receives those funds 

19 from the affected agency. 

20 (b) SET-ASIDES.—Notwithstanding any other provi21 sion of law— 

22 (1) an affected agency may establish and imple23 ment, for the purposes of carrying out this Act, a 

24 set-aside of funding for Indian Tribes from any Fed25 eral program the affected agency administers; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
38 

•HR 7859 IH

1 (2) the amount for a set-aside described in 

2 paragraph (1) shall be not less than 10 percent of 

3 the total appropriations made available for the appli4 cable Federal program. 

5 (c) TRANSFER OF FUNDS.—Notwithstanding any 

6 other provision of law, not later than 30 days after the 

7 date on which funds are apportioned to an affected agency 

8 to carry out a Federal program integrated into a Plan, 

9 the head of the affected agency that administers the Fed10 eral program integrated into the Plan shall transfer those 

11 funds, through a nonexpenditure transfer, to the Secretary 

12 for distribution to an Indian Tribe. 

13 (d) DISTRIBUTION OF FUNDS.—Notwithstanding any 

14 other provision of law, at the request of an Indian Tribe, 

15 all funds distributed to the Indian Tribe in accordance 

16 with a Plan shall be distributed to the Indian Tribe pursu17 ant to an existing contract, compact, or funding agree18 ment entered into under the Indian Self-Determination 

19 and Education Assistance Act (25 U.S.C. 5301 et seq.). 

20 (e) EMERGENCY DISTRIBUTION OF FUNDS.—Not21 withstanding any other provision of law, the Secretary 

22 may, at the request of an Indian Tribe, distribute limited 

23 funding on an interim basis before the date on which the 

24 Secretary approves a Plan under section 108. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
39 

•HR 7859 IH

1 SEC. 206. ADMINISTRATION OF FUNDS. 

2 (a) REQUIREMENTS.— 

3 (1) IN GENERAL.— 

4 (A) CONSOLIDATION AND REALLOCATION

5 OF FUNDS.—Notwithstanding any other provi6 sion of law, all funds transferred to an Indian 

7 Tribe pursuant to a Plan may be consolidated, 

8 reallocated, and rebudgeted for any purpose in 

9 the Plan, without additional Federal approval 

10 or a waiver under section 107, to best meet the 

11 needs of the applicable Indian Tribe. 

12 (B) AUTHORIZED USE OF FUNDS.—Funds 

13 used to carry out a Plan shall be administered 

14 in such a manner as the Secretary determines 

15 to be appropriate to ensure the funds are spent 

16 on services and activities carrying out the pur17 poses authorized under the Plan. 

18 (C) EFFECT.—Nothing in this section 

19 interferes with the ability of the Secretary to 

20 use accounting procedures that conform to gen21 erally accepted accounting principles, auditing 

22 procedures, and safeguarding of funds that con23 form to chapter 75 of title 31, United States 

24 Code (commonly known as the ‘‘Single Audit 

25 Act of 1984’’). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
40 

•HR 7859 IH

1 (2) SEPARATE RECORDS AND AUDITS NOT RE2 QUIRED.—Notwithstanding any other provision of 

3 law (including regulations and circulars of any agen4 cy (including Office of Management and Budget Cir5 cular A–133)), an Indian Tribe that has in place a 

6 Plan approved under section 108 shall not be re7 quired— 

8 (A) to maintain separate records that trace 

9 any service or activity conducted under the Plan 

10 to the Federal program for which the funds 

11 were initially authorized or transferred; 

12 (B) to allocate expenditures among those 

13 Federal programs; 

14 (C) to audit expenditures by the original 

15 source of the Federal program; or 

16 (D) to report on or in accordance with any 

17 requirements associated with the underlying 

18 Federal program, where instead only 1 annual 

19 report on the Plan is required pursuant to the 

20 model report developed by the Secretary under 

21 section 201(b)(1). 

22 (b) CARRYOVER.— 

23 (1) IN GENERAL.—Any funds transferred to an 

24 Indian Tribe under section 205(c) that are not obli25 gated or expended prior to the beginning of the fisVerDate Sep 11 2014 21:37 Apr 13, 2024 Jkt 049200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H7859.IH H7859

kjohnson on DSK7ZCZBW3PROD with $$_JOB
41 

•HR 7859 IH

1 cal year after the fiscal year for which the funds 

2 were appropriated shall remain available for obliga3 tion or expenditure, without fiscal year limitation, 

4 subject to the condition that the funds shall be obli5 gated or expended in accordance with the Plan of 

6 the Indian Tribe. 

7 (2) NO ADDITIONAL DOCUMENTATION.—An In8 dian Tribe shall not be required to provide any addi9 tional justification or documentation of the purposes 

10 of a Plan as a condition of receiving or expending 

11 carryover funds described in paragraph (1). 

12 (c) INDIRECT COSTS.—Notwithstanding any other 

13 provision of law, an Indian Tribe shall be entitled to re14 cover 100 percent of any indirect costs incurred by the 

15 Indian Tribe as a result of the transfer of funds to the 

16 Indian Tribe under section 205(c). 

17 (d) MATCHING FUNDS.—Notwithstanding any other 

18 provision of law, any funds transferred to an Indian Tribe 

19 under section 205(c) shall be treated as non-Federal funds 

20 for purposes of meeting matching requirements under any 

21 other Federal law. 

22 (e) INTEREST OR OTHER INCOME.—An Indian Tribe 

23 shall be entitled to retain interest earned on any funds 

24 transferred to the Indian Tribe under section 205(c) and 

25 that interest shall not diminish the amount of funds the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
42 

•HR 7859 IH

1 Indian Tribe is authorized to receive under the Plan in 

2 the year the interest is earned (or in any subsequent fiscal 

3 year). 

4 SEC. 207. NO REDUCTION IN AMOUNTS. 

5 (a) IN GENERAL.—In no case shall the amount of 

6 Federal funds available to an Indian Tribe that seeks to 

7 propose a Plan under section 106 be reduced as a result 

8 of— 

9 (1) the enactment of this Act; or 

10 (2) the approval or implementation of a Plan of 

11 the Indian Tribe. 

12 (b) INTERACTION WITH OTHER LAWS.—The integra13 tion of a Federal program into a Plan shall not— 

14 (1) modify, limit, or otherwise affect the eligi15 bility of the Federal program for contracting under 

16 the Indian Self-Determination and Education Assist17 ance Act (25 U.S.C. 5301 et seq.); or 

18 (2) eliminate the applicability of any provision 

19 of that Act, as the provision relates to a specific 

20 Federal program eligible for contracting under that 

21 Act. 

22 SEC. 208. INTERDEPARTMENTAL MEMORANDUM OF AGREE23 MENT. 

24 (a) MEMORANDUM OF AGREEMENT REQUIRED.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
43 

•HR 7859 IH

1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, the Office 

3 of the Assistant Secretary for Indian Affairs shall 

4 lead the Federal partners in negotiating and enter5 ing into an interdepartmental memorandum of 

6 agreement providing for the implementation of this 

7 Act. 

8 (2) TRIBAL CONSULTATION.—In negotiating 

9 and entering to an interdepartmental memorandum 

10 of agreement under paragraph (1), the Department 

11 and the Federal partners shall consult with rep12 resentatives of Indian Tribes. 

13 (b) REQUIREMENTS AND RESTRICTIONS.—The inter14 departmental memorandum of agreement required under 

15 subsection (a)(1)— 

16 (1) shall include provisions relating to— 

17 (A) interagency cooperation with respect to 

18 the procedures for approval of Plans by the 

19 Secretary under section 108 and the granting 

20 of waivers by affected agencies under section 

21 107; 

22 (B) establishing a Tribal working group to 

23 advise the Federal partners on overall program 

24 management and implementation; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
44 

•HR 7859 IH

1 (C) ensuring an annual meeting between 

2 the Federal partners and the Tribal working 

3 group described in subparagraph (B); and 

4 (2) shall not— 

5 (A) introduce additional criteria for Fed6 eral program eligibility; 

7 (B) limit the role of the Department as the 

8 lead Federal agency responsible for implementa9 tion of this Act; or 

10 (C) restrict the role of the Secretary and 

11 exclusive decisionmaking authority for all Fed12 eral actions under this Act, including the sole 

13 and exclusive authority to determine whether a 

14 Federal program is eligible for integration into 

15 a Plan. 

16 (c) APPLICABILITY.—Chapter 10 of title 5, United 

17 States Code (commonly known as the ‘‘Federal Advisory 

18 Committee Act’’), shall not apply to the Tribal working 

19 group described in subsection (b)(1)(B) or any Federal 

20 agency coordinating with that Tribal working group. 

21 (d) DETAIL OF FEDERAL EMPLOYEES.—An em22 ployee of the Federal Government may be detailed to the 

23 Department for the purposes of carrying out this Act with24 out reimbursement and without interruption or loss of civil 

25 service status or privilege. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
45 

•HR 7859 IH

1 SEC. 209. REPORT REQUIRED. 

2 Not later than 2 years after the date of enactment 

3 of this Act, the Secretary, in consultation with affected 

4 agencies and representatives of Indian Tribes, shall sub5 mit to the Committee on Indian Affairs of the Senate and 

6 the Committee on Natural Resources of the House of Rep7 resentatives a report on the status of the implementation 

8 of this Act. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB