I 
118TH CONGRESS 
2D SESSION 
H. R. 7859 
To authorize the integration and administrative streamlining of Federal fund-
ing 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) intro-
duced 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 reserva-
tions, other Tribal lands, or ways of life at risk due 
to environmental impacts and natural disasters, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Tribal Environmental Resiliency Resources Act’’ or the 
‘‘TERRA Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
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. 
SEC. 2. STATEMENT OF PURPOSE. 
The purpose of this Act is to empower Indian Tribes 
that have reservations, other Tribal lands, or ways of life 
at risk due to environmental impacts and natural disas-
ters, including flooding, erosion, sea level rise, permafrost 
degradation, ocean acidification, extended drought, ex-
treme temperatures, and more frequent and severe 
wildfires, hurricanes, and tornadoes, to integrate funding 
from multiple eligible Federal programs into comprehen-
sive Plans designed to meet the needs of those Indian 
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Tribes and their communities with respect to preventing 
or addressing those environmental impacts or natural dis-
asters, including by community-driven relocation, if appli-
cable, while— 
(1) reducing administrative, reporting, and ac-
counting costs; and 
(2) serving Tribally determined goals consistent 
with the policy of self-determination, the unique 
Government-to-Government relationship between the 
Government of the United States and the Govern-
ments of Indian Tribes, and the unique Federal 
trust responsibility to Indian Tribes and Indian peo-
ple assumed by the United States, including all Fed-
eral agencies. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AFFECTED AGENCY.—The term ‘‘affected 
agency’’ means a Federal agency that administers a 
program that has been integrated, or is being pro-
posed for integration, into a Plan. 
(2) COORDINATED PROJECT SCHEDULE.—The 
term ‘‘coordinated project schedule’’ means the co-
ordinated project schedule required under section 
202(c)(1). 
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(3) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of the Interior. 
(4) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ has the meaning given the term ‘‘agency’’ 
in section 551 of title 5, United States Code. 
(5) FEDERAL
PARTNER.—The term ‘‘Federal 
partner’’ means each of— 
(A) the Department; 
(B) the Department of Agriculture; 
(C) the Department of the Army; 
(D) the Department of Commerce; 
(E) the Department of Defense; 
(F) the Department of Energy; 
(G) the Department of Health and Human 
Services; 
(H) the Department of Homeland Secu-
rity; 
(I) the Department of Housing and Urban 
Development; 
(J) the Department of Justice; 
(K) the Department of Transportation; 
(L) the Department of the Treasury; 
(M) the Environmental Protection Agency; 
(N) the Federal Communications Commis-
sion; 
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(O) the Federal Energy Regulatory Com-
mission; 
(P) the Advisory Council on Historic Pres-
ervation; and 
(Q) any other Federal agency that oper-
ates a program determined eligible by the Sec-
retary for integration into a Plan under this 
Act. 
(6) FEDERAL PROGRAM.—The term ‘‘Federal 
program’’ means any Federal program or Federal 
funding source that an Indian Tribe integrates or 
seeks to integrate into the Plan of the Indian Tribe. 
(7) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(8) NEPA.—The term ‘‘NEPA’’ means the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
(9) PARTICIPATING AGENCY.—The term ‘‘par-
ticipating agency’’ means a Federal agency that, re-
gardless of whether the Federal agency is a Federal 
partner or an affected agency— 
(A) has review, permitting, or other au-
thorization responsibility with respect to the 
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services or activities to be carried out under a 
Plan, including responsibilities that require re-
view under NEPA, section 306108 of title 54, 
United States Code (commonly known as the 
‘‘National Historic Preservation Act’’), or other 
applicable Federal law; 
(B) is designated by the Secretary as a 
participating agency for that Plan; and 
(C) participates in the streamlined permit-
ting and review procedures for implementing 
that Plan, in accordance with section 202. 
(10) PLAN.—The term ‘‘Plan’’ means a Plan 
authorized under this Act. 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
SEC. 4. LEAD AGENCY. 
Notwithstanding any other provision of law— 
(1) the lead Federal agency responsible for im-
plementation of this Act is the Department; and 
(2) unless otherwise provided in this Act, the 
Secretary possesses sole and exclusive decision-
making authority for all Federal actions under this 
Act, including the sole and exclusive authority to de-
termine whether a Federal program is eligible for in-
tegration into a Plan. 
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TITLE 
I—PROGRAM 
COMPO-
NENTS; PLAN DEVELOPMENT 
AND APPROVAL 
SEC. 101. INTEGRATION OF FEDERAL PROGRAMS AUTHOR-
IZED. 
The Secretary shall, on approving a proposed Plan 
submitted by an Indian Tribe under this Act, authorize 
the Indian Tribe, in accordance with the Plan— 
(1) to integrate funding from eligible Federal 
programs (referred to in this section as the ‘‘inte-
grated Federal programs’’), including by imple-
menting any waivers of statutory, regulatory, and 
administrative requirements, regulations, policies, 
and procedures granted under section 107; 
(2) to carry out the core services and activities 
that would otherwise be provided through the inte-
grated Federal programs in accordance with the des-
ignated purposes of the Plan; 
(3) to reallocate funds from the integrated Fed-
eral programs, as needed, among the various serv-
ices and activities to be carried out under the Plan 
in accordance with the designated purposes of the 
Plan without the need for any waiver to be granted 
under section 107; 
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(4) if appropriate, and in accordance with the 
designated purposes of the Plan, to reallocate some 
or all of the funds from the integrated Federal pro-
grams to costs associated with community-driven re-
location; and 
(5) to provide a single report each year, based 
on the model report developed under section 
201(b)— 
(A) in lieu of reporting, recordkeeping, au-
diting, or similar requirements or procedures 
associated with the integrated Federal pro-
grams; and 
(B) without the need for a waiver to be 
granted under section 107. 
SEC. 102. ELIGIBLE FEDERAL PROGRAMS. 
To be eligible for integration into a Plan, a Federal 
program must meet the following criteria with respect to 
the purpose and nature of funding: 
(1) PURPOSE.—The Federal program is imple-
mented for a purpose that helps to address environ-
mental resiliency, which may include advancing such 
purpose through— 
(A) climate resilience, mitigation, or relo-
cation; 
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(B) disaster relief, preparedness, or pre-
vention; 
(C) environmental remediation; 
(D) housing; 
(E) infrastructure maintenance or develop-
ment; 
(F) economic development; 
(G) land management (including pur-
chasing, leasing, and fee-to-trust); 
(H) capacity building; 
(I) real estate services; 
(J) natural resources management or de-
velopment; 
(K) energy or utility services; and 
(L) any purpose relating to, or otherwise 
supporting or facilitating, a purpose described 
in subparagraphs (A) through (K). 
(2) NATURE OF FUNDING.—The funding of the 
Federal program is provided based on— 
(A) the eligibility of an Indian Tribe or 
members of an Indian Tribe to receive funds— 
(i) under a statutory or administrative 
formula making funds available to the In-
dian Tribe or members of the Indian 
Tribe; or 
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(ii) based solely or in part on the sta-
tus of the Indian Tribe or members of the 
Indian Tribe as Indians under Federal law; 
(B) the fact that an Indian Tribe or mem-
bers of an Indian Tribe have secured funds as 
a result of a noncompetitive process or a spe-
cific designation; 
(C) a competitive process under which In-
dian Tribes are designated eligible recipients, 
regardless of whether the competitive funding is 
for the benefit of the Indian Tribe because of 
the status of the Indian Tribe or the status of 
the beneficiaries the funding serves; or 
(D) block grant funds provided to an In-
dian Tribe, regardless of whether the block 
grant is for the benefit of the Indian Tribe be-
cause of the status of the Indian Tribe or the 
status of the beneficiaries the grant serves. 
SEC. 103. ACTIVITIES AUTHORIZED UNDER A PLAN. 
Federal funding integrated into a Plan shall be ex-
pended for purposes— 
(1) consistent with the core services or activities 
that otherwise would have been provided or carried 
out under the Federal programs integrated into the 
Plan; or 
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(2) relating to community-driven relocation. 
SEC. 104. PLAN REQUIREMENTS. 
(a) IN GENERAL.—A Plan submitted by an Indian 
Tribe to the Secretary for approval shall— 
(1) identify the Federal programs to be inte-
grated into the Plan; 
(2) be consistent with the purpose of this Act; 
(3) describe, at the option of the Indian 
Tribe— 
(A) the nature and severity of the environ-
ment-related threats to the existing reservation 
of the Indian Tribe, other Tribal lands, or ways 
of life; and 
(B) if applicable, a strategy for commu-
nity-driven relocation to be addressed by the 
Plan, including— 
(i) the general location of the pro-
posed relocation efforts; and 
(ii) a summary of geospatial informa-
tion, if available, illustrating— 
(I) the proposed relocation area; 
and 
(II) if applicable, the locations of 
environmental, cultural, and historic 
resources; 
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(4) describe the way in which Federal program 
funds and services are to be integrated, consolidated, 
and delivered to provide services and carry out ac-
tivities under the designated purposes of the Plan, 
including provisions that detail how funding sources 
are anticipated to be coordinated, consistent with 
section 204(b); 
(5) identify any need for taking land into trust 
for the benefit of the Indian Tribe for environment- 
related purposes, pursuant to section 203; 
(6) identify the projected expenditures under 
the Plan in a single budget covering all consolidated 
funds; 
(7) identify any Federal environmental or his-
toric preservation reviews, permits, or other author-
izations anticipated to be required to be completed 
or obtained to implement the Plan, including any re-
views that may be required under NEPA or section 
306108 of title 54, United States Code (commonly 
known as the ‘‘National Historic Preservation Act’’); 
(8) identify any statutory, regulatory, or admin-
istrative requirements, regulations, policies, or proce-
dures that the Indian Tribe believes need to be 
waived to efficiently and effectively implement the 
Plan; and 
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(9) be approved by the governing body of the 
Indian Tribe, by resolution or other applicable 
means. 
(b) CONFIDENTIALITY.—Any information relating to 
Tribal natural, cultural, and historical resources sub-
mitted in a Plan shall be— 
(1) kept confidential; and 
(2) exempt from the disclosure requirements 
under section 552(b)(3) of title 5, United States 
Code (commonly known as the ‘‘Freedom of Infor-
mation Act’’) and chapter 10 of part I of title 5, 
United States Code (commonly known as the ‘‘Fed-
eral Advisory Committee Act’’). 
SEC. 105. TECHNICAL ASSISTANCE. 
(a) IN GENERAL.—On request of an Indian Tribe, 
the Secretary shall provide technical assistance to the In-
dian Tribe with respect to any phase or aspect of a Plan, 
including— 
(1) project planning and design to develop a 
proposed Plan for submission; and 
(2) review by the Secretary of a draft proposed 
Plan, in accordance with subsection (b). 
(b) REVIEW BY SECRETARY.—If an Indian Tribe re-
quests review of a draft proposed Plan under subsection 
(a)(2), the Secretary shall— 
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(1) provide an informal assessment of the likeli-
hood of approval by the Secretary of the draft pro-
posed Plan; 
(2) identify any issues or missing information 
that may prevent the approval of the draft proposed 
Plan; and 
(3) provide followup technical assistance to re-
solve any issues described in paragraph (2), as appli-
cable. 
(c) REVIEW NOT A DECISION.—A review of a draft 
proposed Plan under subsection (b) shall not constitute 
an official Federal agency determination or decision. 
(d) AGENCY CONSULTATION.— 
(1) IN GENERAL.—In providing technical assist-
ance under subsection (a), on request of the Indian 
Tribe receiving technical assistance, or as the Sec-
retary determines appropriate, the Secretary shall 
consult with any Federal agencies anticipated to be 
affected agencies or participating agencies with re-
spect to the applicable Plan. 
(2) SCOPE.—Federal agencies with which the 
Secretary consults under paragraph (1) shall provide 
technical assistance with respect to any requested 
phase or aspect of a Plan, including— 
(A) waiver requests under section 107; 
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(B) streamlined funding frameworks under 
section 204; and 
(C) coordinated project scheduling under 
section 202(c). 
SEC. 106. PLAN SUBMISSION AND REVIEW. 
(a) NOTICE.—An Indian Tribe shall notify the Sec-
retary, in writing, of the intent of the Indian Tribe to pre-
pare a proposed Plan. 
(b) CONSULTATION.—On receipt of notice from an 
Indian Tribe under subsection (a), the Secretary shall con-
sult with the Indian Tribe— 
(1) to identify potential Federal programs that 
may be integrated into the proposed Plan; and 
(2) to identify any waivers of applicable statu-
tory, regulatory, or administrative requirements, reg-
ulations, policies, or procedures necessary to enable 
the Indian Tribe to efficiently and effectively imple-
ment the proposed Plan. 
(c) PLAN SUBMISSION.—A proposed Plan submitted 
by an Indian Tribe to the Secretary shall satisfy the re-
quirements of this Act, including any requested waivers 
under section 107. 
SEC. 107. WAIVER AUTHORITY. 
(a) TRIBAL WAIVER REQUEST.—In consultation with 
the Secretary, an Indian Tribe submitting a proposed Plan 
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may include in the proposed Plan a request that the head 
of an affected agency waive any statutory, regulatory, or 
administrative requirement, regulation, policy, or proce-
dure that the Indian Tribe considers necessary to enable 
the Indian Tribe to efficiently and effectively implement 
the proposed Plan. 
(b) WAIVER AUTHORITY.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, but subject to paragraph (2), the 
head of an affected agency shall waive any applica-
ble statutory, regulatory, or administrative require-
ment, regulation, policy, or procedure for which an 
Indian Tribe has requested a waiver under sub-
section (a), including— 
(A) matching requirements; 
(B) competition procedures and other com-
petitive funding requirements; 
(C) formula funding limitations; 
(D) repayment obligations; 
(E) deadlines; and 
(F) any statutory requirements that may 
be interpreted to prevent— 
(i) the Indian Tribe from receiving 
funds 
from 
multiple, 
or 
overlapping, 
sources of Federal funding; or 
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(ii) the creation by the head of the af-
fected agency of a funding set-aside for In-
dian Tribes. 
(2) LIMITATION.—A waiver requested by an In-
dian Tribe under paragraph (1) shall not be granted 
if the head of the affected agency determines grant-
ing the waiver will be inconsistent with— 
(A) the purpose of this Act; or 
(B) the provision of law from which the 
Federal program included in the Plan derives 
its authority that is specifically applicable to In-
dians. 
(c) WAIVER SUBMISSION AND REVIEW.— 
(1) DETERMINATION ON WAIVER REQUEST.— 
Not later than 45 days after the date on which an 
Indian Tribe submits a waiver request under sub-
section (a), the head of the affected agency shall— 
(A) make a determination on whether to 
grant or deny the request; and 
(B) provide written notice of the deter-
mination and the reasons for the determination 
to the requesting Indian Tribe and the Sec-
retary. 
(2) DEEMED APPROVAL.—If the head of an af-
fected agency does not provide written notice to the 
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Indian Tribe of a determination on a waiver request 
within the 45-day period described in paragraph (1), 
the waiver request shall be deemed to be granted. 
(3) INTERAGENCY DISPUTE RESOLUTION.— 
(A) IN GENERAL.—On the request of an 
Indian Tribe that submitted a waiver request 
under subsection (a), the Secretary shall estab-
lish and initiate an interagency dispute resolu-
tion process involving— 
(i) the Secretary; 
(ii) the Indian Tribe; and 
(iii) the head of the affected agency. 
(B) TIMELINE.—A dispute initiated under 
subparagraph (A) shall be resolved not later 
than 30 days after the date on which the proc-
ess is initiated under that subparagraph. 
(C) FINAL
AUTHORITY.—If the dispute 
resolution process fails to resolve the dispute 
between the Indian Tribe and the affected 
agency, the head of the affected agency shall 
have the final authority to resolve the dispute. 
(D) NOTICE TO INDIAN TRIBE.—Not later 
than 10 days after the date on which the dis-
pute is resolved under this paragraph, the Sec-
retary shall provide the Indian Tribe with— 
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(i) the final determination on the 
waiver request; and 
(ii) notice of the right to file an ap-
peal in accordance with section 108(d)(2). 
SEC. 108. PLAN APPROVAL OR DENIAL. 
(a) IN GENERAL.—The Secretary shall have the sole 
and exclusive authority to approve or disapprove— 
(1) a Plan submitted by an Indian Tribe; and 
(2) the integration of a Federal program into 
the Plan. 
(b) APPROVAL OR DENIAL PROCESS.— 
(1) IN GENERAL.—Except as provided in sub-
section (c), not later than 90 days after the date on 
which the Secretary receives a proposed Plan sub-
mitted by an Indian Tribe, the Secretary shall— 
(A) approve or deny the Plan; and 
(B) provide written notice of that decision 
to the Indian Tribe. 
(2) APPROVAL.—If the Secretary approves a 
Plan, the Secretary shall authorize the transfer and 
distribution of funds associated with the Federal 
programs integrated into the Plan. 
(3) DENIAL.—If the Secretary denies a Plan, 
the Secretary shall provide to the Indian Tribe writ-
ten notification of disapproval that contains a spe-
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cific finding that clearly demonstrates, or that is 
supported by controlling legal authority, that the 
Plan does not meet the requirements of this Act. 
(4) PARTIAL APPROVAL.—If the Secretary de-
termines a Plan cannot be approved in its entirety, 
the Secretary shall approve any portion of the Plan 
that can be approved and deny any portion of the 
proposed Plan that cannot be approved, pursuant to 
the processes described in this subsection. 
(5) DEEMED APPROVAL.—If the Secretary does 
not provide written notice to an Indian Tribe of a 
decision on a Plan within the 90-day period de-
scribed in paragraph (1), the Plan shall be deemed 
approved. 
(c) EXTENSION OF TIME.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary may extend or otherwise alter the 90- 
day period described in subsection (b)(1) if, before 
expiration of the original 90-day period, the Sec-
retary obtains the express written consent of the In-
dian Tribe that submitted the applicable Plan. 
(2) EXTENSION RESTRICTIONS.—An extension 
or alteration of the 90-day period under paragraph 
(1) may only be— 
(A) provided once; and 
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(B) for a period of not more than 90 days. 
(d) REVIEW OF DENIAL.—In addition to the require-
ments of subsection (b)(3), if the Secretary denies or par-
tially denies a proposed Plan the Secretary shall— 
(1) provide technical assistance to the applica-
ble Indian Tribe with respect to the denied proposed 
Plan, or the denied portion of the proposed Plan, to 
ensure the proposed Plan meets the requirements of 
this Act, if possible; and 
(2) inform the Indian Tribe of the option of the 
Indian Tribe to request a hearing on the record be-
fore an administrative law judge with the right to 
engage in full discovery relevant to any issue raised 
in the matter and the opportunity for appeal on the 
matters raised by the Secretary under subsection 
(b)(3), under such rules and regulations as the Sec-
retary may issue. 
(e) CIVIL ACTIONS.— 
(1) IN GENERAL.—An Indian Tribe may bring 
a civil action in a district court of the United States 
against— 
(A) the Secretary for a Plan denial under 
this section; and 
(B) an affected agency for a waiver denial 
under section 107. 
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(2) ADMINISTRATIVE
EXHAUSTION
NOT
RE-
QUIRED.—An Indian Tribe may bring a civil action 
under paragraph (1) without regard to whether the 
Indian Tribe had an administrative hearing for a 
Plan denial under subsection (d)(2) or engaged in 
the dispute resolution process for a waiver denial 
under section 107(c)(3). 
(3) RELIEF.—In a civil action brought by an 
Indian Tribe under paragraph (1), a district court of 
the United States may order appropriate relief (in-
cluding injunctive relief to reverse a denial of a Plan 
or a waiver to compel an officer or employee of the 
United States, or any agency thereof, to perform a 
duty provided under this Act or regulations promul-
gated under this Act) against any action by an offi-
cer or employee of the United States or any Federal 
agency contrary to this Act or regulations promul-
gated under this Act. 
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TITLE 
II—PLAN 
IMPLEMENTA-
TION; FUNDING ADMINISTRA-
TION; INTERDEPARTMENTAL 
MEMORANDUM 
OF 
AGREE-
MENT; REPORT 
SEC. 201. REDUCED REPORTING REQUIREMENTS. 
(a) CERTAIN FEDERAL PROGRAM REQUIREMENTS 
SUPERSEDED.—An Indian Tribe with a Plan approved by 
the Secretary under section 108— 
(1) shall be required to submit a single report 
each year based on the model report developed by 
the Secretary under subsection (b)(1) in accordance 
with the Plan of the Indian Tribe; and 
(2) shall not be required to comply with report-
ing, recordkeeping, auditing, or similar requirements 
or procedures required by individual Federal pro-
grams integrated into the Plan of the Indian Tribe. 
(b) DUTIES OF SECRETARY.—The Secretary shall— 
(1) develop a model report, to be made available 
to the Indian Tribes, that describes all services or 
activities undertaken and expenditures made under a 
Plan; 
(2) develop and use a single monitoring and 
oversight system for Plans, which shall record all in-
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formation relevant to the administration of Plans, 
including, for each Plan— 
(A) annual reports submitted by Indian 
Tribes under this section; 
(B) streamlined funding frameworks, as 
updated by the Secretary pursuant to section 
204(b)(2)(B); and 
(C) coordinated project schedules, includ-
ing any environmental review timetables in-
cluded in those coordinated project schedules, 
as updated by the Secretary pursuant to section 
202(c)(2)(B); and 
(3) maintain and make available to Indian 
Tribes a list of all— 
(A) Federal programs approved and denied 
for integration into Plans; and 
(B) waiver requests granted and denied 
under section 107. 
(c) MODEL REPORT FORMAT.— 
(1) REQUIREMENTS.—The model report devel-
oped under subsection (b)(1) shall contain informa-
tion sufficient— 
(A) to determine whether the Indian Tribe 
has complied with the requirements of the Plan 
of the Indian Tribe; and 
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(B) to enable the head of each affected 
agency to determine whether the Indian Tribe 
has complied with all directly applicable statu-
tory and regulatory requirements of the inte-
grated Federal programs of each affected agen-
cy that are not— 
(i) superseded on integration into a 
Plan; or 
(ii) waived under section 107. 
(2) LIMITATION.—The model report developed 
under subsection (b)(1) shall not require an Indian 
Tribe to report on the expenditure of funds ex-
pressed by fund source or single agency code trans-
ferred to the Indian Tribe under a Plan. 
SEC. 202. STREAMLINED PERMITTING AND REVIEW IMPLE-
MENTATION. 
(a) IDENTIFICATION OF FEDERAL AGENCIES.— 
(1) IN GENERAL.—On approval of a Plan by 
the Secretary under section 108, the Secretary, in 
consultation with the Indian Tribe, shall identify 
and invite all Federal agencies that have permitting, 
review, approval, or other authorization responsibil-
ities with respect to the services or activities to be 
carried out under the Plan, including responsibilities 
that require review under NEPA, section 306108 of 
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title 54, United States Code (commonly known as 
the ‘‘National Historic Preservation Act’’), and other 
applicable Federal law, to participate in the stream-
lined permitting and review process described in this 
section. 
(2) LEAD AGENCY.—The Department shall be 
the lead Federal agency responsible for implementa-
tion of this Act. 
(b) PARTICIPATING AGENCIES.— 
(1) IN
GENERAL.—A Federal agency invited 
under subsection (a) shall be designated as a partici-
pating agency for a Plan, unless the Federal agency 
informs the Secretary in writing not later than 14 
days after the date on which the Federal agency re-
ceives the invitation from the Secretary under that 
subsection that the Federal agency— 
(A) has no jurisdiction or review, permit-
ting, or other authorization responsibility with 
respect to the services or activities to be carried 
out under the Plan; or 
(B) does not intend to exercise review, per-
mitting, or other authorization responsibility re-
lating to, or submit comments on, implementa-
tion of the Plan. 
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(2) CHANGED CIRCUMSTANCES.—At the request 
of a Federal agency based on a showing of changed 
circumstances, the Secretary may designate a Fed-
eral agency that has opted out under paragraph 
(1)(A) to be a participating agency. 
(3) EFFECT.—Designation as a participating 
agency under paragraph (1) shall not grant the par-
ticipating agency authority or jurisdiction over— 
(A) the Plan; or 
(B) the services and activities to be carried 
out under the Plan beyond the existing statu-
tory authority of the participating agency, if 
any, to approve particular services or activities 
under the Plan. 
(c) COORDINATED PROJECT SCHEDULE.— 
(1) IN GENERAL.—Not later than 60 days after 
the date on which a Plan submitted to the Secretary 
is approved by the Secretary under section 108, the 
Secretary and the applicable Indian Tribe, in con-
sultation with each participating agency designated 
under subsection (b)(1), shall develop a coordinated 
project schedule for completing any review and ob-
taining any permit or other authorization required to 
carry out the services and activities under the Plan, 
except those requirements waived under section 107. 
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(2) REQUIRED INFORMATION.— 
(A) IN GENERAL.—A coordinated project 
schedule shall include the following information: 
(i) A list of, and roles and responsibil-
ities for, all participating agencies with re-
view, permitting, or other authorization re-
sponsibility for services or activities under 
the Plan. 
(ii) A discussion of potential avoid-
ance, minimization, and mitigation strate-
gies, if known and required by applicable 
Federal law. 
(iii) A plan and schedule for public 
and Tribal outreach and coordination, to 
the extent required by applicable Federal 
law. 
(iv) If applicable, an environmental 
review timetable, as described in subsection 
(d). 
(B) UPDATES.—The information described 
in subparagraph (A) shall be updated by the 
Secretary not less frequently than once per 
quarter. 
(d) ENVIRONMENTAL REVIEW TIMETABLE.— 
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(1) ESTABLISHMENT.—As part of a coordinated 
project schedule, the Secretary, in consultation with 
the applicable Indian Tribe, each participating agen-
cy, and, if appropriate, any State in which the rel-
evant services or activities in the Plan are located, 
shall establish an environmental review timetable 
that includes intermediate and final completion 
dates for all required environmental reviews nec-
essary for each permit or other authorization re-
quired by a participating agency to support comple-
tion of the services or activities in the Plan that 
have not otherwise been waived under section 107, 
including any review required pursuant to NEPA. 
(2) TERM.—To the maximum extent prac-
ticable, and consistent with applicable Federal law, 
an environmental review timetable established under 
paragraph (1) shall not exceed an overall term of 1 
year after a Plan is approved. 
(3) DETERMINATIONS.—If a participating agen-
cy is required to issue a determination with respect 
to an environmental review, permit, or other author-
ization as part of the coordinated project schedule 
described in paragraph (1), the participating agency 
shall issue the determination not later than 90 days 
after all the required information for the environ-
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mental review, permit, or other authorization is in 
possession of the participating agency. 
(4) DELAY.—If the Secretary determines that 
an environmental review, permit, or other authoriza-
tion will not be completed or issued in accordance 
with this subsection, the Secretary shall— 
(A) notify the participating agency respon-
sible for completing the environmental review or 
issuing the permit or other authorization of the 
discrepancy; and 
(B) request that the participating agency 
take such measures as the Secretary, in con-
sultation with the participating agency, deter-
mines appropriate to comply with that environ-
mental review timetable. 
(e) COORDINATION OF REQUIRED REVIEWS AND AU-
THORIZATIONS.— 
(1) CONCURRENT REVIEWS.—To efficiently in-
tegrate the exercise of review, permitting, and other 
authorization responsibilities, each participating 
agency shall, to the maximum extent practicable— 
(A) carry out the responsibilities of the 
participating agency with respect to a Plan con-
currently, and in conjunction with, the respon-
sibilities of other participating agencies, includ-
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ing reviews required under NEPA and section 
306108 of title 54, United States Code (com-
monly known as the ‘‘National Historic Preser-
vation Act’’), unless the participating agency 
determines that doing so would impair the abil-
ity of the participating agency to carry out the 
other statutory obligations of the participating 
agency; 
(B) formulate and implement administra-
tive, policy, and procedural mechanisms to en-
able the participating agency to ensure comple-
tion of the process for reviews and issuance of 
permits and other authorizations in a timely, 
coordinated, and responsible manner; and 
(C) where an environmental impact state-
ment is required for services or activities in a 
Plan pursuant to section 102(2)(C) of NEPA 
(42 U.S.C. 4332(2)(C)), prepare a single, inter-
agency environmental impact statement for the 
services or activities unless the Secretary pro-
vides justification in the coordinated project 
schedule that multiple environmental impact 
statements are more efficient. 
(2) 
ADOPTION, 
INCORPORATION
BY
REF-
ERENCE, AND USE OF DOCUMENTS.— 
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(A) IN GENERAL.—On the request of an 
Indian Tribe, the Secretary shall consider and, 
as appropriate, adopt or incorporate by ref-
erence, the analysis and documentation pre-
pared for a Plan under the laws and procedures 
of the Indian Tribe as the documentation, or 
part of the documentation, required to complete 
a review or issue a permit or other authoriza-
tion for the Plan. 
(B) NEPA 
COMPLIANCE.—A document 
adopted under subparagraph (A) or a document 
that includes documentation incorporated under 
that subparagraph may serve as the documenta-
tion required for an environmental review or a 
supplemental environmental review required to 
be prepared by a lead agency pursuant to 
NEPA. 
(3) PRESUMPTION OF NEGATIVE IMPACTS OF 
TAKING NO ACTION.—For all environmental reviews 
required pursuant to NEPA that require consider-
ation of a no action alternative, there shall be a pre-
sumption that, given the ongoing threats addressed 
by this Act, the effects of taking no action will be 
negative for the Indian Tribe. 
(f) PETITION TO COURT.— 
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(1) RIGHT TO PETITION.—An Indian Tribe may 
obtain a review of an alleged failure by a partici-
pating agency to act in accordance with an applica-
ble deadline described in a coordinated project 
schedule by filing a written petition with a court of 
competent jurisdiction seeking an order under para-
graph (2). 
(2) COURT ORDER.—If a court of competent ju-
risdiction finds that a participating agency has failed 
to act in accordance with an applicable deadline de-
scribed in paragraph (1), the court shall set a sched-
ule and deadline for the participating agency to act 
as soon as practicable, which shall not exceed 90 
days from the date on which the order of the court 
is issued, unless the court determines a longer time 
is necessary to comply with applicable law. 
SEC. 203. EXPEDITED FEE-TO-TRUST PROCESS FOR PLAN 
IMPLEMENTATION. 
(a) MANDATORY TRUST ACQUISITIONS.—On request 
of an Indian Tribe, the Secretary shall take land into trust 
for the benefit of the Indian Tribe if the Indian Tribe— 
(1) acquired the land using funds distributed in 
accordance with a Plan; or 
(2) after the Indian Tribe acquires the land, the 
Secretary determines the Indian Tribe faces immi-
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nent environmental risk if not able to immediately 
relocate. 
(b) DISCRETIONARY TRUST ACQUISITIONS.—On re-
quest of an Indian Tribe, the Secretary may take into 
trust for the benefit of the Indian Tribe any land owned 
by the Indian Tribe and intended for use pursuant to a 
Plan, regardless of when the land was acquired, in accord-
ance with this section and the procedures described in part 
151 of title 25, Code of Federal Regulations (or successor 
regulations), except that— 
(1)(A) the Indian Tribe shall not be subject to 
the documentation requirements described in that 
part; but 
(B) the Indian Tribe shall be required to con-
sult with the Secretary to ensure the necessary in-
formation for the trust acquisition request is in-
cluded in the Plan (or in subsequent materials); and 
(2) the Secretary shall— 
(A) evaluate the trust acquisition request 
using the procedures for an on-reservation ac-
quisition pursuant to 25 CFR 151.9(c) or an 
initial Indian acquisition pursuant to 25 CFR 
151.12(c) (as in effect on the date of the enact-
ment of this Act), as applicable, regardless of 
the actual location of the land; 
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(B) evaluate the request using the environ-
mental review process described in section 202, 
as applicable; and 
(C) act on the request of an Indian Tribe 
in accordance with the timeframe for approving 
or denying a Plan under section 108. 
SEC. 204. STREAMLINED FUNDING FRAMEWORK IMPLE-
MENTATION. 
(a) IN GENERAL.—The Secretary, in consultation 
with the applicable Indian Tribe, shall lead all affected 
agencies with funding integrated into a Plan in developing 
and implementing the streamlined funding frameworks de-
scribed in this section. 
(b) STREAMLINED FUNDING FRAMEWORK.— 
(1) IN GENERAL.—In consultation with the ap-
plicable Indian Tribe, the Secretary shall develop a 
streamlined funding framework for each Plan that 
details how funding sources will be coordinated for 
the Federal programs integrated into a Plan, con-
sistent with the requirements of this Act. 
(2) REQUIRED INFORMATION.— 
(A) IN GENERAL.—Each streamlined fund-
ing framework developed under paragraph (1) 
shall include the following information: 
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(i) A list of, and roles and responsibil-
ities for, all affected agencies with Federal 
programs integrated into a Plan. 
(ii) A funding timetable establishing a 
comprehensive 
schedule 
of 
dates 
by 
which— 
(I) all funds are expected to be 
apportioned to the affected agencies; 
and 
(II) those funds shall be trans-
ferred to the Secretary and disbursed 
to the Indian Tribe, in accordance 
with the requirements of section 205. 
(B) UPDATES.—The information described 
in subparagraph (A) shall be updated by the 
Secretary not less frequently than once per 
quarter. 
(3) AFFECTED AGENCIES.—To efficiently and 
effectively integrate funding from Federal programs 
according to a Plan, each affected agency shall, to 
the maximum extent practicable— 
(A) formulate and implement administra-
tive, policy, and procedural mechanisms to en-
able the affected agency to coordinate funding 
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