```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1599 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1599

 To facilitate economic growth and development in Indian country, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 2011

   Mr. Cole introduced the following bill; which was referred to the 
   Committee on Ways and Means, and in addition to the Committees on 
Education and the Workforce, Natural Resources, Financial Services, and 
   the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
 To facilitate economic growth and development in Indian country, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Indian Country 
Economic Development Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title and table of contents.
           TITLE I--AMENDMENT TO NATIONAL LABOR RELATIONS ACT

Sec. 101. Amendment to definition of employer under the National Labor 
                            Relations Act.
              TITLE II--FICA FORGIVENESS ON STUDENT LOANS

Sec. 201. Exclusion from gross income for payments under Indian Health 
                            Service Loan Repayment Program.
     TITLE III--STUDENT LOAN REPAYMENTS EXCLUDED FROM GROSS INCOME

Sec. 301. Bureau of Indian Education student loan repayments excluded 
                            from gross income.
            TITLE IV--INDIAN TRIBAL GOVERNMENT PENSION PLANS

Sec. 401. Treatment of certain pension plans of Indian tribal 
                            governments.
                 TITLE V--ISSUANCE OF TAX-EXEMPT BONDS

Sec. 501. Modifications of authority of Indian tribal governments to 
                            issue tax-exempt bonds.
Sec. 502. Essential governmental function.
Sec. 503. Exemption from registration requirements.
       TITLE VI--TAX CREDIT FOR TECH COMPANIES IN INDIAN COUNTRY

Sec. 601. Business credit for technology companies in Indian country.
                        TITLE VII--TRIBAL LEASES

Sec. 701. Approval of, and regulations related to, tribal leases.
Sec. 702. Land title reports; review and report to Congress.
  TITLE VIII--EXEMPTIONS FROM TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

Sec. 801. Preference on account of tribe membership.
                  TITLE IX--INDIAN TRIBAL DEVELOPMENT

Sec. 901. Purposes.
Sec. 902. Definitions.
Sec. 903. Lead agency.
Sec. 904. Selection of participating tribes.
Sec. 905. Application requirements, review, and approval.
Sec. 906. Authority of heads of Federal agencies.
Sec. 907. Procedures for processing requests for joint financing.
Sec. 908. Uniform administrative procedures.
Sec. 909. Delegation of supervision of assistance.
Sec. 910. Joint assistance funds and project facilitation.
Sec. 911. Financial management, accountability, and audits.
Sec. 912. Technical assistance and personnel training.
Sec. 913. Joint state financing for Federal-tribal assisted projects.
Sec. 914. Report to Congress.

           TITLE I--AMENDMENT TO NATIONAL LABOR RELATIONS ACT

SEC. 101. AMENDMENT TO DEFINITION OF EMPLOYER UNDER THE NATIONAL LABOR 
              RELATIONS ACT.

    Section 2 of the National Labor Relations Act (29 U.S.C. 152) is 
amended--
            (1) in paragraph (2), by inserting ``or any enterprise or 
        institution owned and operated by an Indian tribe and located 
        on its Indian lands,'' after ``subdivision thereof,''; and
            (2) by adding at the end the following:
            ``(15) The term `Indian tribe' means any Indian tribe, 
        band, nation, pueblo, or other organized group or community 
        which is recognized as eligible for the special programs and 
        services provided by the United States to Indians because of 
        their status as Indians.
            ``(16) The term `Indian' means any individual who is a 
        member of an Indian tribe.
            ``(17) The term `Indian lands' means--
                    ``(A) all lands within the limits of any Indian 
                reservation;
                    ``(B) any lands title to which is either held in 
                trust by the United States for the benefit of any 
                Indian tribe or individual or held by any Indian tribe 
                or individual subject to restriction by the United 
                States against alienation; and
                    ``(C) any lands in the State of Oklahoma that are 
                within the boundaries of a former reservation (as 
                defined by the Secretary of the Interior) of a 
                federally recognized Indian tribe.''.

              TITLE II--FICA FORGIVENESS ON STUDENT LOANS

SEC. 201. EXCLUSION FROM GROSS INCOME FOR PAYMENTS UNDER INDIAN HEALTH 
              SERVICE LOAN REPAYMENT PROGRAM.

    (a) In General.--Paragraph (4) of section 108(f) of the Internal 
Revenue Code of 1986 is amended by inserting ``or under section 108 of 
the Indian Health Care Improvement Act'' before the period at the end.
    (b) Conforming Amendment.--The heading for section 108(f)(4) of 
such Code is amended by striking ``and certain'' and inserting ``, 
indian health service loan repayment program, and certain''.
    (c) Effective Date.--The amendments made by this section shall 
apply to payments made after the date of the enactment of this Act.

     TITLE III--STUDENT LOAN REPAYMENTS EXCLUDED FROM GROSS INCOME

SEC. 301. BUREAU OF INDIAN EDUCATION STUDENT LOAN REPAYMENTS EXCLUDED 
              FROM GROSS INCOME.

    (a) In General.--Part III of subchapter B of chapter 1 of the 
Internal Revenue Code of 1986 (relating to items specifically excluded 
from gross income) is amended by adding at the end the following new 
section:

``SEC. 139F. BUREAU OF INDIAN EDUCATION STUDENT LOAN REPAYMENTS.

    ``Gross income does not include amounts remunerated under a student 
loan repayment program authorized under section 5379 of title 5, United 
States Code, by the Bureau of Indian Education on behalf of an employee 
of such Bureau whose responsibilities include working with or 
instructing students who attend schools overseen by such Bureau.''.
    (b) Conforming Amendment.--The table of sections for part III of 
subchapter B of chapter 1 of such Code is amended by adding at the end 
the following new item:

``Sec. 139F. Bureau of Indian Education student loan repayments.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to student loan repayments made after the date of the enactment 
of this Act.

            TITLE IV--INDIAN TRIBAL GOVERNMENT PENSION PLANS

SEC. 401. TREATMENT OF CERTAIN PENSION PLANS OF INDIAN TRIBAL 
              GOVERNMENTS.

    (a) Amendments to the Internal Revenue Code of 1986.--
            (1) Qualified public safety employee.--Section 72(t)(10)(B) 
        of the Internal Revenue Code of 1986 (definition of qualified 
        public safety employee) is amended by--
                    (A) striking ``or political subdivision of a 
                State'' and inserting ``, political subdivision of a 
                State, or Indian tribe''; and
                    (B) striking ``such State or political 
                subdivision'' and inserting ``such State, political 
                subdivision, or tribe''.
            (2) Governmental plan.--The last sentence of section 414(d) 
        of such Code (definition of governmental plan) is amended to 
        read as follows: ``The term `governmental plan' includes a plan 
        established or maintained for its employees by an Indian tribal 
        government (as defined in section 7701(a)(40)), a subdivision 
        of an Indian tribal government (determined in accordance with 
        section 7871(d)), an agency, instrumentality, or subdivision of 
        an Indian tribal government, or an entity established under 
        Federal, State, or tribal law which is wholly owned or 
        controlled by any of the foregoing.''.
            (3) Domestic relations order.--Section 414(p)(1)(B)(ii) of 
        such Code (definition of domestic relations order) is amended 
        by inserting ``or tribal'' after ``State''.
            (4) Exempt governmental deferred compensation plan.--
        Section 3121(v)(3) of such Code (definition of governmental 
        deferred compensation plan) is amended by inserting ``by an 
        Indian tribal government or subdivision thereof,'' after 
        ``political subdivision thereof,''.
            (5) Deferred compensation plans.--Section 457 of such Code 
        (deferred compensation plans) is amended by adding at the end 
        the following new subsection:
    ``(h) Tribal Governments.--Plans maintained by an Indian tribal 
government (as defined in section 7701(a)(40)), a subdivision of an 
Indian tribal government (determined in accordance with section 
7871(d)), an agency, instrumentality, or subdivision of an Indian 
tribal government, or an entity established under Federal, State, or 
tribal law which is wholly owned or controlled by any of the foregoing, 
in compliance with Section 457(b) or (f) are treated as if established 
by an eligible employer under Section 457(e)(1)(A).''.
    (b) Amendments to the Employee Retirement Income Security Act of 
1974.--
            (1) In general.--The last sentence of section 3(32) of the 
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1002(32)) is amended to read as follows: ``The term 
        `governmental plan' includes a plan established or maintained 
        for its employees by an Indian tribal government (as defined in 
        section 7701(a)(40) of the Internal Revenue Code of 1986), a 
        subdivision of an Indian tribal government (determined in 
        accordance with section 7871(d) of such Code), an agency, 
        instrumentality, or subdivision of an Indian tribal government, 
        or an entity established under Federal, State, or tribal law 
        which is wholly owned or controlled by any of the foregoing.''.
            (2) Domestic relations order.--Section 206(d)(3)(B)(ii)(II) 
        of such Act is amended by inserting ``or tribal'' after 
        ``State''.
            (3) Conforming amendments.--
                    (A) Paragraph (2) of section 109(d) of the Worker, 
                Retiree, and Employer Recovery Act of 2008 (Public Law 
                110-458; 122 Stat. 5112) is repealed, and, subject to 
                subparagraph (B), the provisions amended by such 
                paragraph shall read as if such paragraph had not been 
                enacted.
                    (B) Section 4021(b)(14) of such Act (as in effect 
                on the date of the enactment of the Pension Protection 
                Act of 2006 (Public Law 109-280; 120 Stat. 780) and 
                prior to the enactment of section 109(d)(2) of the 
                Worker, Retiree, and Employer Recovery Act of 2008) is 
                amended to read as follows:
            ``(14) established or maintained for its employees by an 
        Indian tribal government (as defined in section 7701(a)(40) of 
        the Internal Revenue Code of 1986), a subdivision of an Indian 
        tribal government (determined in accordance with section 
        7871(d) of such Code), an agency, instrumentality, or 
        subdivision of an Indian tribal government, or an entity 
        established under Federal, State, or tribal law which is wholly 
        owned or controlled by any of the foregoing.''.
                    (C) Section 4021(b)(2) of such Act (29 U.S.C. 
                1321(b)(2)) is amended by striking ``,  or which is 
                described in the last sentence of section 3(32)'' and 
                inserting a period.
    (c) Effective Date.--The amendments made by subsection (a) and 
paragraphs (1), (2), (3)(B), and (3)(C) of subsection (b) shall take 
effect as if included in section 906 of the Pension Protection Act of 
2006.

                 TITLE V--ISSUANCE OF TAX-EXEMPT BONDS

SEC. 501. MODIFICATIONS OF AUTHORITY OF INDIAN TRIBAL GOVERNMENTS TO 
              ISSUE TAX-EXEMPT BONDS.

    Subsection (c) of section 7871 of the Internal Revenue Code of 1986 
(relating to Indian tribal governments treated as States for certain 
purposes) is amended to read as follows:
    ``(c) Additional Requirements for Tax-Exempt Bonds.--
            ``(1) In general.--Section 103 shall apply to any 
        obligation issued by an Indian tribal government (or 
        subdivision thereof), and any private activity bond (as defined 
        in section 141(a)) issued by an Indian tribal government shall 
        be treated as a qualified bond for the purposes of such 
        section, only if--
                    ``(A) such obligation is part of an issue 
                substantially all of the proceeds of which are to be 
                used in the exercise of any essential governmental 
                function, or
                    ``(B) such obligation is part of an issue 95 
                percent or more of the net proceeds of which are to be 
                used to finance any facility located on an Indian 
                reservation.
            ``(2) Exclusion of gaming.--An obligation described in 
        subparagraph (A) or (B) of paragraph (1) may not be used to 
        finance any portion of a building in which class II or III 
        gaming (as defined in section 4 of the Indian Gaming Regulatory 
        Act (25 U.S.C. 2703)) is conducted or housed or any other 
        property actually used in the conduct of such gaming.
            ``(3) Definitions.--For purposes of this subsection--
                    ``(A) Indian tribe.--The term `Indian tribe' means 
                any Indian tribe, band, nation, pueblo, or other 
                organized group or community which is recognized as 
                eligible for the special programs and services provided 
                by the United States to Indians because of their status 
                as Indians.
                    ``(B) Indian reservation.--The term `Indian 
                reservation' means a reservation, as defined in section 
                4(10) of the Indian Child Welfare Act of 1978 (25 
                U.S.C. 1903(10)).''.

SEC. 502. ESSENTIAL GOVERNMENTAL FUNCTION.

    Subsection (e) of section 7871 of the Internal Revenue Code of 1986 
is amended to read as follows:
    ``(e) Essential Governmental Function.--The term `essential 
governmental function' includes any function which is performed by a 
State or local government with general taxing powers.''.

SEC. 503. EXEMPTION FROM REGISTRATION REQUIREMENTS.

    The first sentence of section 3(a)(2) of the Securities Act of 1933 
(15 U.S.C. 77c(a)(2)) is amended by inserting ``or by any Indian tribal 
government or subdivision thereof (within the meaning of section 7871 
of the Internal Revenue Code of 1986),'' after ``or Territories,''.

       TITLE VI--TAX CREDIT FOR TECH COMPANIES IN INDIAN COUNTRY

SEC. 601. BUSINESS CREDIT FOR TECHNOLOGY COMPANIES IN INDIAN COUNTRY.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to business-related 
credits) is amended by adding at the end the following new section:

``SEC. 45S. TECHNOLOGY COMPANIES IN INDIAN COUNTRY.

    ``(a) General Rule.--For purposes of section 38, the qualified 
technology employment credit for any taxable year is an amount equal to 
$3,000 multiplied by each covered full-time employee of a qualified 
high technology business.
    ``(b) Qualified High Technology Business.--For purposes of this 
section--
            ``(1) In general.--The term `qualified high technology 
        business' means a trade or business that--
                    ``(A) provides qualified covered items to the 
                United States Government, and
                    ``(B) is located in Indian country (as defined by 
                section 1151 of title 18, United States Code).
            ``(2) Qualified covered item.--The term `qualified covered 
        item' means a covered item (as defined by section 2533a(b) of 
        title 10, United States Code (relating to requirement to buy 
        certain articles from American sources; exceptions)), which is 
        a domestic sole-sourced technology and which would require an 
        exception under subsection (c) or (e) of section 2533a of such 
        title if the United States Government were to otherwise procure 
        such technology from a source without the United States.
            ``(3) Exception.--The term `qualified covered item' shall 
        not include any item which ceases to be a domestic sole-sourced 
        technology, as determined by the Secretary of Defense.
    ``(c) Covered Full-Time Employee.--For purposes of this section, 
the term `covered full-time employee' means, with respect to any 
qualified covered item produced by the taxpayer, an individual who--
            ``(1) is providing services to the employer as an employee 
        for an average of not less than 32 hours per week for the 
        taxable year of the employer, and
            ``(2) substantially all of whose services are integrally 
        related to the production of such qualified covered item.
    ``(d) Located in Indian Country.--For purposes of this section, a 
trade or business is located in Indian country if such trade or 
business would be treated as a qualified business entity using the 
criteria of paragraphs (1) through (8) of section 1397C(b) or as a 
qualified proprietorship using the criteria of paragraphs (1) through 
(9) of section 1397C(c), determined for purposes of this section by 
treating Indian country as an empowerment zone.''.
    (b) Credit Allowed as Part of General Business Credit.--Section 
38(b) of such Code (defining current year business credit) is amended 
by striking ``plus'' at the end of paragraph (35), by striking the 
period at the end of paragraph (36) and inserting ``, plus'', and by 
adding at the end the following new paragraph:
            ``(37) the qualified technology employment credit 
        determined under section 45S.''.
    (c) Conforming Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 of such Code is amended by adding 
at the end the following new item:

``Sec. 45S. Technology companies in Indian country.''.
    (d) Effective Date.--The amendments made by this section shall to 
items acquired after the date of enactment of this Act.

                        TITLE VII--TRIBAL LEASES

SEC. 701. APPROVAL OF, AND REGULATIONS RELATED TO, TRIBAL LEASES.

    The first section of the Act titled ``An Act to authorize the 
leasing of restricted Indian lands for public, religious, educational, 
recreational, residential, business, and other purposes requiring the 
grant of long-term leases'', approved August 9, 1955 (25 U.S.C. 415), 
is amended as follows:
            (1) In subsection (d)--
                    (A) by striking paragraph (2) and inserting the 
                following:
            ``(2) the term `Indian tribe' has the meaning given such 
        term in section 4(e) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b(e));'';
                    (B) in paragraph (3)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``Navajo'';
                            (ii) in subparagraph (A), by striking ``the 
                        Navajo Nation'' and inserting ``an Indian 
                        tribe'';
                            (iii) in subparagraph (B), by striking 
                        ``Navajo Indians or members of another Indian 
                        tribe'' and inserting ``an Indian tribe or a 
                        member of an Indian tribe''; and
                            (iv) in subparagraph (C)(i), by striking 
                        ``Navajo Indian'' and inserting ``member of an 
                        Indian tribe'';
                    (C) in paragraph (4), by striking ``the Navajo 
                Nation'' and inserting ``an applicable Indian tribe'';
                    (D) by striking paragraph (5) and redesignating 
                paragraphs (6), (7), and (8) as paragraphs (5), (6), 
                and (7), respectively;
                    (E) in paragraph (5) (as redesignated), by striking 
                ``the Navajo Nation'' and inserting ``an Indian 
                tribe''; and
                    (F) in paragraph (7) (as redesignated)--
                            (i) by striking ``the Navajo Nation''; and
                            (ii) by striking ``with Navajo Nation law'' 
                        and inserting ``with applicable tribal law''.
            (2) In subsection (e)--
                    (A) by amending the subsection heading to read as 
                follows: ``Approval of Leases--Tribal Discretion.--'';
                    (B) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``Any leases by the Navajo 
                        Nation'' and inserting ``At the discretion of 
                        any Indian tribe, any leases by the applicable 
                        Indian tribe''; and
                            (ii) in subparagraph (B), by striking 
                        ``Navajo Nation'' and inserting ``applicable 
                        Indian tribe'';
                    (C) in paragraph (2), by striking ``Navajo'';
                    (D) in paragraph (3)--
                            (i) by striking ``the regulations of the 
                        Navajo Nation'' and inserting ``such 
                        regulations''; and
                            (ii) by striking ``with the Navajo Nation'' 
                        and inserting ``with the applicable Indian 
                        tribe'';
                    (E) in paragraph (4), by striking ``Navajo Nation'' 
                each place it appears and inserting ``applicable Indian 
                tribe'';
                    (F) in paragraph (5)--
                            (i) by striking ``paragraph (1), including 
                        the Navajo Nation.'' and inserting ``paragraph 
                        (1).''; and
                            (ii) by striking ``to the Navajo Nation'' 
                        and inserting ``to the applicable Indian 
                        tribe'';
                    (G) in paragraph (6)(A)--
                            (i) by striking ``of the Navajo Nation'' 
                        and inserting ``of the applicable Indian 
                        tribe''; and
                            (ii) by striking ``Navajo Nation tribal'' 
                        and inserting ``tribal''; and
                    (H) in paragraph (6)(B), by striking ``Navajo 
                Nation'' both places it appears and inserting 
                ``applicable Indian tribe''.

SEC. 702. LAND TITLE REPORTS; REVIEW AND REPORT TO CONGRESS.

    Not later than 180 days after funds are made available to carry out 
this section, the Bureau of Indian Affairs shall prepare and submit to 
the Committee on Financial Services and the Committee on Natural 
Resources of the House of Representatives and the Committee on Banking, 
Housing, and Urban Affairs and the Committee on Indian Affairs of the 
Senate a report regarding the history and experience of Indian tribes 
that have chosen to assume responsibility for carrying out Indian Land 
Titles and Records Office functions (in this section referred to as 
``LTRO functions'') from the Bureau of Indian Affairs. In conducting 
the review, the Bureau of Indian Affairs shall consult with the 
Department of Housing and Urban Development Office of Native American 
Programs and those Indian tribes that are carrying out LTRO functions. 
The review shall include an analysis of the following factors:
            (1) Whether and how the carrying out of LTRO functions by 
        Indian tribes has expedited the processing and issuance of 
        Indian land title certifications as compared to the 10-year 
        period prior to the transfer of such responsibilities from the 
        Bureau of Indian Affairs to the Indian tribes.
            (2) Whether and how the carrying out of LTRO functions by 
        Indian tribes has increased home ownership among the members of 
        such Indian tribes on the land involved.
            (3) What internal preparations and processes were required 
        for Indian tribes to begin carrying out LTRO functions.
            (4) Whether the carrying out of LTRO functions by Indian 
        tribes resulted in a transfer of financial and human resources 
        from the Bureau of Indian Affairs to the Indian tribes carrying 
        out such functions and, if so, what transfers were undertaken.
            (5) Whether, in appropriate circumstances and with the 
        approval of geographically proximate Indian tribes, LTRO 
        functions may be performed by a single Indian tribe or by a 
        tribal consortium in a cost-effective manner.

  TITLE VIII--EXEMPTIONS FROM TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

SEC. 801. PREFERENCE ON ACCOUNT OF TRIBE MEMBERSHIP.

    Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 
is amended by adding at the end the following new section:
    ``Sec. 607.  The granting of a preference to a member of an Indian 
tribe by the Indian tribe on account of membership in the Indian tribe 
is not a violation of section 601. For purposes of this section, the 
term `Indian tribe' has the meaning given such term in section 4(e) of 
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450b(e)).''.

                  TITLE IX--INDIAN TRIBAL DEVELOPMENT

SEC. 901. PURPOSES.

    The purposes of this title are--
            (1) to enable Indian tribes and tribal organizations to use 
        available Federal assistance more effectively and efficiently;
            (2) to adapt and target such assistance more readily to 
        particular needs through wider use of projects that are 
        supported by more than 1 agency, assistance program, or 
        appropriation of the Federal Government;
            (3) to encourage Federal-tribal arrangements under which 
        Indian tribes and tribal organizations may more effectively and 
        efficiently combine Federal and tribal resources to support 
        economic development projects;
            (4) to promote the coordination of Native American economic 
        programs to maximize the benefits of those programs to 
        encourage a more consolidated, national policy for economic 
        development; and
            (5) to establish a procedure to aid Indian tribes in 
        obtaining Federal resources and in more efficiently 
        administering those resources for the furtherance of tribal 
        self-governance and self-determination.

SEC. 902. DEFINITIONS.

    In this title:
            (1) Applicant.--The term ``applicant'' means an Indian 
        tribe or tribal organization, or a consortium of Indian tribes 
        or tribal organizations, that submits an application under this 
        title for assistance in carrying out a project.
            (2) Assistance.--The term ``assistance'' means the transfer 
        of anything of value for a public purpose, support, or 
        stimulation that is--
                    (A) authorized by a law of the United States;
                    (B) provided by the Federal Government through 
                grant or contractual arrangements (including technical 
                assistance programs providing assistance by loan, loan 
                guarantee, or insurance); and
                    (C) authorized to include an Indian tribe or tribal 
                organization, or a consortium of Indian tribes or 
                tribal organizations, as eligible for receipt of funds 
                under a statutory or administrative formula for the 
                purposes of community, economic, or business 
                development.
            (3) Assistance program.--The term ``assistance program'' 
        means any program of the Federal Government that provides 
        assistance for which Indian tribes or tribal organizations are 
        eligible.
            (4) Indian tribe.--The term ``Indian tribe'' means any 
        Indian tribe, band, nation, pueblo, or other organized group or 
        community which is recognized as eligible for the special 
        programs and services provided by the United States to Indians 
        because of their status as Indians.
            (5) Project.--
                    (A) In general.--The term ``project'' means a 
                community, economic, or business development 
                undertaking that includes components that contribute 
                materially to carrying out a purpose or closely-related 
                purposes that are proposed or approved for assistance 
                under more than 1 Federal Government program.
                    (B) Inclusion.--The term ``project'' includes a 
                project designed to improve the environment, a housing 
                facility, a community facility, a business or 
                industrial facility, or transportation, a road, or a 
                highway, with respect to an Indian tribe, tribal 
                organization, or consortium.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Tribal organization.--The term ``tribal organization'' 
        has the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).

SEC. 903. LEAD AGENCY.

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

SEC. 904. SELECTION OF PARTICIPATING TRIBES.

    (a) Participants.--
            (1) In general.--The Secretary may select from the 
        applicant pool described in subsection (b) Indian tribes or 
        tribal organizations, not to exceed 24 in each fiscal year, to 
        submit an application to carry out a project under this title.
            (2) Consortia.--Two or more Indian tribes or tribal 
        organizations that are otherwise eligible to participate in a 
        program or activity to which this title applies may form a 
        consortium to participate as an applicant under paragraph (1).
    (b) Applicant Pool.--The applicant pool described in this 
subsection shall consist of each Indian tribe or tribal organization 
that--
            (1) successfully completes the planning phase described in 
        subsection (c);
            (2) requests participation in a project under this title 
        through a resolution or other official action of the tribal 
        governing body; and
            (3) demonstrates, for the 3 fiscal years immediately 
        preceding the fiscal year for which participation is requested, 
        financial stability and financial management capability as 
        demonstrated by a showing by the Indian tribe or tribal 
        organization that there were no material audit exceptions in 
        the required annual audit of the self-determination contracts 
        of the Indian tribe or tribal organization.
    (c) Planning Phase.--Each applicant--
            (1) shall complete a planning phase that includes--
                    (A) legal and budgetary research; and
                    (B) internal tribal government and organizational 
                preparation; and
            (2) on completion of the planning phase, shall be eligible 
        for joint assistance with respect to a project.

SEC. 905. APPLICATION REQUIREMENTS, REVIEW, AND APPROVAL.

    (a) Requirements.--An applicant shall submit to the head of the 
Federal agency responsible for administering the primary Federal 
program to be affected by the project an application that--
            (1) identifies the programs to be integrated;
            (2) proposes programs that are consistent with the purposes 
        described in section 901;
            (3) describes--
                    (A) a comprehensive strategy that identifies the 
                manner in which Federal funds are to be integrated and 
                delivered under the project; and
                    (B) the results expected from the project;
            (4) identifies the projected expenditures under the project 
        in a single budget;
            (5) identifies the agency or agencies of the tribal 
        government that are to be involved in the project;
            (6) identifies any Federal statutory provisions, 
        regulations, policies, or procedures that the applicant 
        requests be waived in order to implement the project; and
            (7) is approved by the governing body of the applicant, 
        including, in the case of an applicant that is a consortium or 
        tribes or tribal organizations, the governing body of each 
        affected member tribe or tribal organization.
    (b) Review.--On receipt of an application that meets the 
requirements of subsection (a), the head of the Federal agency 
receiving the application shall--
            (1) consult with the applicant and with the head of each 
        Federal agency that is proposed to provide funds to implement 
        the project; and
            (2) consult and coordinate with the Department of the 
        Interior as the lead agency under this title for the purposes 
        of processing the application.
    (c) Approval.--
            (1) Waivers.--
                    (A) In general.--Subject to subparagraph (B), 
                notwithstanding any other provision of law, the head of 
                the Federal agency responsible for administering any 
                statutory provision, regulation, policy, or procedure 
                that is identified in an application in accordance with 
                subsection (a)(6) or as a result of the consultation 
                required under subsection (b), and that is requested by 
                the applicant to be waived, shall waive the statutory 
                provision, regulation, policy, or procedure.
                    (B) Limitation.--A statutory provision, regulation, 
                policy, or procedure identified for waiver under 
                subparagraph (A) may not be waived by an agency head if 
                the agency head determines that a waiver would be 
                inconsistent with--
                            (i) the purposes described in section 901; 
                        or
                            (ii) any provision of the statute governing 
                        the program involved that is specifically 
                        applicable to Indian programs.
            (2) Project.--
                    (A) In general.--Not later than 90 days after the 
                date of receipt of an application that meets the 
                requirements of subsection (a), the head of the Federal 
                agency receiving the application shall inform the 
                applicant, in writing, of the approval or disapproval 
                of the application, including the approval or 
                disapproval of any waiver sought under paragraph (1).
                    (B) Disapproval.--If an application or waiver is 
                disapproved--
                            (i) the written notice shall identify the 
                        reasons for the disapproval; and
                            (ii) the applicant shall be provided an 
                        opportunity to amend the application or to 
                        petition the agency head to reconsider the 
                        disapproval.

SEC. 906. AUTHORITY OF HEADS OF FEDERAL AGENCIES.

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

SEC. 907. PROCEDURES FOR PROCESSING REQUESTS FOR JOINT FINANCING.

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

SEC. 908. UNIFORM ADMINISTRATIVE PROCEDURES.

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

SEC. 909. DELEGATION OF SUPERVISION OF ASSISTANCE.

    (a) In General.--In accordance with regulations promulgated under 
section 906(a), the head of a Federal agency may delegate or otherwise 
enter into an arrangement to have another Federal agency carry out or 
supervise a project or class of projects jointly financed in accordance 
with this title.
    (b) Conditions.--A delegation or other arrangement under subsection 
(a)--
            (1) shall be made under conditions ensuring that the duties 
        and powers delegated are exercised consistent with Federal law; 
        and
            (2) may not be made in a manner that relieves the head of a 
        Federal agency of responsibility for the proper and efficient 
        management of a project for which the agency provides 
        assistance.

SEC. 910. JOINT ASSISTANCE FUNDS AND PROJECT FACILITATION.

    (a) Joint Assistance Fund.--In providing support for a project in 
accordance with this title, the head of a Federal agency may provide 
for the establishment in the Treasury by an applicant of a joint 
assistance fund to ensure that amounts received by the applicant from 
more than 1 assistance program or appropriation are effectively 
administered.
    (b) Agreement.--
            (1) In general.--A joint assistance fund may be established 
        under subsection (a) only in accordance with an agreement by 
        the Federal agencies involved concerning the responsibilities 
        of each such agency.
            (2) Requirements of agreement.--An agreement under 
        paragraph (1) shall--
                    (A) ensure the availability of necessary 
                information to Federal agencies and Congress; and
                    (B) provide that the agency providing for the 
                establishment of the fund under subsection (a) is 
                responsible and accountable by program and 
                appropriation for the amounts provided for the purposes 
                of each fund.
    (c) Use of Excess Funds.--In any project conducted under this title 
for which a joint assistance fund has been established under subsection 
(a) and the actual costs of the project are less than the estimated 
costs, use of the excess funds shall be determined by the head of the 
Federal agency administering the joint assistance fund, after 
consultation with the applicant.

SEC. 911. FINANCIAL MANAGEMENT, ACCOUNTABILITY, AND AUDITS.

    (a) Single Audit Act.--Recipients of funding provided in accordance 
with this title shall be subject to chapter 75 of title 31, United 
States Code.
    (b) Records.--
            (1) In general.--With respect to each project financed 
        through an account in a joint assistance fund established under 
        section 910, the recipient of amounts from the fund shall 
        maintain records as required by the head of the Federal agency 
        responsible for administering the fund.
            (2) Requirements.--Records described in paragraph (1) shall 
        disclose--
                    (A) the amount and disposition by the recipient of 
                assistance received under each Federal assistance 
                program and appropriation;
                    (B) the total cost of the project for which such 
                assistance was given or used;
                    (C) the part of the cost of the project provided 
                from other sources; and
                    (D) such other information as the head of the 
                Federal agency responsible for administering the fund 
                determines will facilitate the conduct of an audit of 
                the project.
    (c) Availability.--Records of a recipient related to an amount 
received from a joint assistance fund under this title shall be made 
available, for inspection and audit, to--
            (1) the head of the Federal agency responsible for 
        administering the fund; and
            (2) the Comptroller General of the United States.

SEC. 912. TECHNICAL ASSISTANCE AND PERSONNEL TRAINING.

    Amounts available for technical assistance and personnel training 
under any Federal assistance program shall be available for technical 
assistance and training under a project approved for joint financing 
under this title if the use of the funds involves the Federal 
assistance program and the project approved for joint financing.

SEC. 913. JOINT STATE FINANCING FOR FEDERAL-TRIBAL ASSISTED PROJECTS.

    (a) In General.--Under regulations promulgated under section 
906(a), the head of a Federal agency may enter into an agreement with a 
State to extend the benefits of this title to a project that involves 
assistance from--
            (1) at least 1 Federal agency;
            (2) a State; and
            (3) at least 1 tribal agency or instrumentality.
    (b) Joint Action.--An agreement under subsection (a) may include 
arrangements to process requests or administer assistance on a joint 
basis.

SEC. 914. REPORT TO CONGRESS.

    Not later than 1 year after the date of enactment of this title, 
the President shall submit to Congress a report that includes--
            (1) a description of actions taken under this title;
            (2) a detailed evaluation of the implementation of this 
        title, including information on the benefits and costs of 
        jointly financed projects that accrue to participating Indian 
        tribes and tribal organizations; and
            (3) recommendations (including legislative recommendations) 
        of the President with respect to improvement of this title.
                                 <all>
```