comply with any applicable obligations or re-
sponsibilities under this Act. 
(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 (e)(2), engaged in the 
dispute resolution process for a waiver denial under 
section 107(c)(3), or sought other available adminis-
trative remedies. 
(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. 
(4) ATTORNEY FEES.—If an Indian Tribe sub-
stantially prevails in a civil action brought by the In-
dian Tribe under this subsection or secures a court 
order under section 202(f), a district court of the 
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United States may award attorneys’ fees, expert wit-
ness fees, and other costs of participating in such 
action, as the court deems reasonable. 
(g) FINAL AGENCY ACTION.—Notwithstanding any 
other provision of law, a decision by an official of the De-
partment that constitutes final agency action and that re-
lates to an appeal within the Department that is con-
ducted under this section shall be made by an official who 
holds a position at a higher organizational level within the 
Department than the level of the departmental agency at 
which the decision that is the subject of the appeal was 
made. 
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SUPERSEDED.—An Indian Tribe with a Plan approved by 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 
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(2) shall not be required to comply with report-
ing, recordkeeping, auditing, or similar requirements 
or procedures required by affected agencies and indi-
vidual Federal programs 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-
formation relevant to the administration of Plans, 
including but not limited to, with respect to 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 
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(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 to— 
(A) determine whether the Indian Tribe 
has complied with the requirements of the Plan 
of the Indian Tribe; and 
(B) enable the head of each affected agen-
cy to determine whether the Indian Tribe has 
complied with all directly applicable statutory 
and regulatory requirements of the integrated 
Federal programs of each affected agency 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-
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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 but not limited 
to responsibilities that require review under NEPA, 
section 306108 of title 54, United States Code (com-
monly known as the ‘‘National Historic Preservation 
Act’’), and other applicable Federal law, to partici-
pate in the streamlined permitting and review proc-
ess 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 
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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. 
(2) CHANGED CIRCUMSTANCES.—On request of 
a Federal agency based on a showing of changed cir-
cumstances, the Secretary may designate a Federal 
agency that has opted out under paragraph (1) 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 
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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, in consultation with the applicable Indian 
Tribe and 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. 
(2) REQUIRED INFORMATION.— 
(A) IN GENERAL.—A coordinated project 
schedule shall include, but is not limited to, the 
following information collected by the Secretary: 
(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-
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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 every 6 
months. 
(d) ENVIRONMENTAL REVIEW TIMETABLE.— 
(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 but is not limited to intermediate and 
final completion dates for all required environmental 
reviews necessary for each permit or other author-
ization required by a participating agency to support 
completion of the services or activities in the Plan 
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that have not otherwise been waived under section 
107, including but not limited to 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-
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 and the applicable environ-
mental review timetable, the Secretary shall— 
(A) notify the participating agency respon-
sible for completing the environmental review or 
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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-
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; 
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(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.— 
(A) IN GENERAL.—On request of an In-
dian Tribe, the Secretary shall consider and, as 
appropriate, adopt or incorporate by reference, 
the analysis and documentation prepared for a 
Plan under the laws and procedures of the In-
dian Tribe as the documentation, or part of the 
documentation, required to complete a review or 
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issue a permit or other authorization 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.— 
(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 district 
court of the United States or other court of com-
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petent jurisdiction seeking an order under paragraph 
(2). 
(2) COURT ORDER.—If a district court of the 
United States or other court of competent jurisdic-
tion 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-
nent environmental risk if not able to use that land 
for community-driven relocation. 
(b) DISCRETIONARY TRUST ACQUISITIONS.—On re-
quest of an Indian Tribe, the Secretary may take into 
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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 (as in effect 
on the date of the enactment of this Act), except that— 
(1) the Indian Tribe shall— 
(A) not be subject to the documentation 
requirements described in that part; but 
(B) ensure, in consultation with the Sec-
retary, that sufficient information for the trust 
acquisition request is included in the Plan (or 
in subsequent materials); and 
(2) the Secretary shall— 
(A) regardless of the actual location of the 
land, evaluate the trust acquisition request 
using the procedures for evaluating— 
(i) an on-reservation acquisition pur-
suant to section 151.9(c) of title 25, Code 
of Federal Regulations (as in effect on the 
date of the enactment of this Act); or 
(ii) as applicable, an initial Indian ac-
quisition pursuant to section 151.12(c) of 
title 25, Code of Federal Regulations (as 
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in effect on the date of the enactment of 
this Act); 
(B) as applicable, evaluate the request 
using the environmental review process de-
scribed in section 202; 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 function as the lead 
Federal agency in developing and implementing the 
streamlined funding frameworks described 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 for the Federal pro-
grams integrated into the Plan will be transferred in 
an efficient manner to the Department for distribu-
tion to the Indian Tribe, consistent with the require-
ments of this Act. 
(2) REQUIRED INFORMATION.— 
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(A) IN GENERAL.—Each streamlined fund-
ing framework developed under paragraph (1) 
shall include, but is not limited to, the following 
information: 
(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 
year. 
(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— 
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(A) prioritize the ease of use of Plan funds 
by Indian Tribes; 
(B) formulate and implement administra-
tive, policy, and procedural mechanisms to en-
able the affected agency to coordinate funding 
with the funding sources of other affected agen-
cies; and 
(C) carry out the obligations of the af-
fected agency with respect to a Plan under any 
other applicable Federal law concurrently, and 
in conjunction with, other affected agencies, un-
less the affected agency determines that doing 
so would impair the ability of the affected agen-
cy to carry out other statutory obligations of 
the affected agency. 
SEC. 205. TRANSFER AND DISTRIBUTION OF FUNDS. 
(a) RESPONSIBILITY.—The Secretary shall be re-
sponsible for— 
(1) the receipt of all funds covered by a Plan 
approved by the Secretary; and 
(2) the distribution of those funds to the appli-
cable Indian Tribe by not later than 45 days after 
the date on which the Secretary receives those funds 
from the affected agency. 
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(b) SET-ASIDES.—Notwithstanding any other provi-
sion of law— 
(1) an affected agency may establish and imple-
ment, for the purposes of carrying out this Act, a 
set-aside of funding for Indian Tribes from any Fed-
eral program the affected agency administers; and 
(2) the amount for a set-aside described in 
paragraph (1) shall be not less than 10 percent of 
the total appropriations made available for the appli-
cable Federal program. 
(c) TRANSFER
OF FUNDS.—Notwithstanding any 
other provision of law, not later than 30 days after the 
date on which funds are apportioned to an affected agency 
to carry out a Federal program integrated into a Plan, 
the head of the affected agency that administers the Fed-
eral program integrated into the Plan shall transfer those 
funds, through a nonexpenditure transfer, to the Secretary 
for distribution to an Indian Tribe. 
(d) DISTRIBUTION OF FUNDS.—Notwithstanding any 
other provision of law, on request of an Indian Tribe, all 
funds distributed to the Indian Tribe in accordance with 
a Plan shall be distributed to the Indian Tribe pursuant 
to an existing contract, compact, or funding agreement en-
tered into under the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5301 et seq.). 
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(e) EMERGENCY DISTRIBUTION OF FUNDS.—Not-
withstanding any other provision of law, the Secretary 
may, on request of an Indian Tribe, distribute limited 
funding on an interim basis before the date on which the 
Secretary approves a Plan under section 108. 
SEC. 206. ADMINISTRATION OF FUNDS. 
(a) REQUIREMENTS.— 
(1) IN GENERAL.— 
(A) CONSOLIDATION
AND
REALLOCATION 
OF FUNDS.—Notwithstanding any other provi-
sion of law, an Indian Tribe may reallocate, re-
program, consolidate, or rebudget any funds 
transferred to the Indian Tribe pursuant to a 
Plan to further any purpose covered by the 
Plan and to best meet the needs of the Indian 
Tribe, without the need for additional Federal 
approval or a waiver under section 107. 
(B) AUTHORIZED USE OF FUNDS.—Funds 
used to carry out a Plan shall be administered 
in such a manner as the Secretary determines 
to be appropriate to ensure the funds are spent 
on services and activities carrying out the pur-
poses authorized under the Plan. 
(C) EFFECT.—Nothing in this section 
interferes with the ability of the Secretary to 
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use accounting procedures that conform to gen-
erally accepted accounting principles, auditing 
procedures, and safeguarding of funds that con-
form to chapter 75 of title 31, United States 
Code (commonly known as the ‘‘Single Audit 
Act of 1984’’). 
(2) SEPARATE RECORDS AND AUDITS NOT RE-
QUIRED.—Notwithstanding any other provision of 
law (including but not limited to regulations and cir-
culars of any agency (including but not limited to 
Office of Management and Budget Circular A– 
133)), an Indian Tribe that has in place a Plan ap-
proved under section 108 shall not be required to— 
(A) maintain separate records that trace 
any service or activity conducted under the Plan 
to the Federal program for which the funds 
were initially authorized or transferred; 
(B) allocate expenditures among those 
Federal programs; 
(C) audit expenditures by the original 
source of the Federal program; or 
(D) report on or in accordance with any 
requirements associated with the underlying 
Federal program, where instead only 1 annual 
report on the Plan is required pursuant to the 
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model report developed by the Secretary under 
section 201(b)(1). 
(b) CARRYOVER.— 
(1) IN GENERAL.—Any funds transferred to an 
Indian Tribe under section 205(c) that are not obli-
gated or expended prior to the beginning of the fis-
cal year after the fiscal year for which the funds 
were appropriated shall remain available for obliga-
tion or expenditure, without fiscal year limitation, 
subject to the condition that the funds shall be obli-
gated or expended in accordance with the Plan of 
the Indian Tribe. 
(2) NO ADDITIONAL DOCUMENTATION.—An In-
dian Tribe shall not be required to provide any addi-
tional justification or documentation of the purposes 
of a Plan as a condition of receiving or expending 
carryover funds described in paragraph (1). 
(c) INDIRECT COSTS.—Notwithstanding any other 
provision of law, an Indian Tribe shall be entitled to re-
cover 100 percent of any indirect costs incurred by the 
Indian Tribe as a result of the transfer of funds to the 
Indian Tribe under section 205(c). 
(d) MATCHING FUNDS.—Notwithstanding any other 
provision of law, any funds transferred to an Indian Tribe 
under section 205(c) shall be treated as non-Federal funds 
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for purposes of meeting matching requirements under any 
other Federal law. 
(e) INTEREST OR OTHER INCOME.—An Indian Tribe 
shall be entitled to retain interest earned on any funds 
transferred to the Indian Tribe under section 205(c) and 
that interest shall not diminish the amount of funds the 
Indian Tribe is authorized to receive under the Plan in 
the year the interest is earned (or in any subsequent fiscal 
year). 
SEC. 207. NO REDUCTION IN AMOUNTS. 
(a) IN GENERAL.—In no case shall the amount of 
Federal funds available to an Indian Tribe that seeks to 
propose a Plan under section 106 be reduced as a result 
of the— 
(1) enactment of this Act; or 
(2) approval or implementation of a Plan of the 
Indian Tribe. 
(b) INTERACTION WITH OTHER LAWS.—The integra-
tion of a Federal program into a Plan shall not— 
(1) modify, limit, or otherwise affect the eligi-
bility of the Federal program for contracting under 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 5301 et seq.); or 
(2) eliminate the applicability of any provision 
of that Act, as the provision relates to a specific 
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Federal program eligible for contracting under that 
Act. 
SEC. 208. INTERDEPARTMENTAL MEMORANDUM OF AGREE-
MENT. 
(a) MEMORANDUM OF AGREEMENT REQUIRED.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Office 
of the Assistant Secretary for Indian Affairs shall 
lead the Federal partners in negotiating and enter-
ing into an interdepartmental memorandum of 
agreement providing for the implementation of this 
Act. 
(2) TRIBAL
CONSULTATION.—In negotiating 
and entering to an interdepartmental memorandum 
of agreement under paragraph (1), the Department 
and the Federal partners shall consult with rep-
resentatives of Indian Tribes. 
(b) REQUIREMENTS AND RESTRICTIONS.—The inter-
departmental memorandum of agreement required under 
subsection (a)(1)— 
(1) shall include, but is not limited to, provi-
sions relating to— 
(A) interagency cooperation with respect to 
the procedures for approval of Plans by the 
Secretary under section 108 and the granting 
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of waivers by affected agencies under section 
107; 
(B) establishing a Tribal working group to 
advise the Federal partners on overall program 
management and implementation; and 
(C) ensuring an annual meeting between 
the Federal partners and the Tribal working 
group described in subparagraph (B); but 
(2) shall not— 
(A) introduce additional criteria for Fed-
eral program eligibility; 
(B) limit the role of the Department as the 
lead Federal agency responsible for implementa-
tion of this Act; or 
(C) restrict the role of the Secretary and 
the sole and exclusive decisionmaking authority 
of the Secretary for all Federal actions under 
this Act, unless otherwise provided in this Act, 
including but not limited to the sole and exclu-
sive authority to determine whether a Federal 
program is eligible for integration into a Plan. 
(c) APPLICABILITY.—Chapter 10 of title 5, United 
States Code (commonly known as the ‘‘Federal Advisory 
Committee Act’’), shall not apply to the Tribal working 
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