Title: Cultivating Resources, Opportunity, Prosperity, and Sustainability (CROPS) for Indian Country Act
Policy area: Native Americans

Summary:
Cultivating Resources, Opportunity, Prosperity, and Sustainability (CROPS) for Indian Country Act
This bill provides support to Indian tribes on matters relating to agriculture and forestry, including by establishing a demonstration project under which the Department of Agriculture (USDA) may enter into self-determination contracts with Indian tribes to plan, conduct, or administer functions, services, or activities of tribal forest protection or food distribution programs of USDA.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2804 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2804

 To provide for the reform and continuation of agricultural and other 
     programs of the Department of Agriculture for Indian Country.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2018

 Mr. Hoeven (for himself and Mr. Udall) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To provide for the reform and continuation of agricultural and other 
     programs of the Department of Agriculture for Indian Country.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cultivating Resources, Opportunity, 
Prosperity, and Sustainability (CROPS) for Indian Country Act''.

SEC. 2. REPORT ON CROP INSURANCE.

    (a) Definitions.--In this section:
            (1) The term ``Indian country'' has the meaning given the 
        term in section 1151 of title 18, United States Code.
            (2) The term ``Indian country agriculture production'' 
        means agricultural operations with not less than 1 operator who 
        is American Indian or Alaska Native, as indicated by the 2012 
        National Census of Agriculture conducted by the National 
        Agricultural Statistics Service.
            (3) The term ``relevant Committees of Congress'' refers 
        to--
                    (A) the Committee on Agriculture of the House of 
                Representatives;
                    (B) the Committee on Financial Services of the 
                House of Representatives;
                    (C) the Committee on Agriculture, Nutrition, and 
                Forestry of the Senate;
                    (D) the Committee on Finance of the Senate; and
                    (E) the Committee on Indian Affairs of the Senate.
    (b) Study on Insurance Under the Federal Crop Insurance Act.--Not 
later than 1 year after the date of enactment of this Act, the 
Secretary, acting through the Administrator of the Risk Management 
Agency, and in consultation with Indian Tribes, shall--
            (1) prepare a report describing the efficacy and 
        applicability of policies and plans of insurance under the 
        Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) to 
        agricultural production in Indian country; and
            (2) submit the report described in paragraph (1) to--
                    (A) the Committee on Agriculture of the House of 
                Representatives;
                    (B) the Committee on Indian Affairs of the Senate; 
                and
                    (C) the Committee on Agriculture, Nutrition, and 
                Forestry of the Senate.
    (c) Study on the Risk Management Agency's Crop Insurance 
Products.--
            (1) In general.--The Secretary, acting through the 
        Administrator of the Risk Management Agency in partnership with 
        the Office of Tribal Relations and in consultation with the 
        USDA Tribal Advisory Committee established under section 4, 
        shall conduct a study ascertaining the efficacy and 
        applicability of the Risk Management Agency's crop insurance 
        products (as of the date on which the study begins) as those 
        products relate to Indian country agriculture production.
            (2) Report.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary shall submit to the 
        relevant Committees of Congress a report that--
                    (A) discusses the adequacy of all crop insurance 
                products in Indian country (as of the date of the 
                report);
                    (B) considers unique tribal production issues and 
                any impediments these issues may pose to utilizing 
                those crop insurance products; and
                    (C) offers specific steps that may be taken 
                administratively by the Risk Management Agency to 
                mitigate these impediments.

SEC. 3. FORESTRY RESEARCH PROGRAMS.

    (a) McIntire-Stennis Cooperative Forestry Act.--Section 2 of Public 
Law 87-788 (commonly known as the ``McIntire-Stennis Cooperative 
Forestry Act'') (16 U.S.C. 582a-1) is amended in the second sentence--
            (1) by striking ``and'' before ``1890 Institutions''; and
            (2) by inserting ``and 1994 Institutions (as defined in 
        section 532 of the Equity in Educational Land-Grant Status Act 
        of 1994 (7 U.S.C. 301 note; Public Law 103-382)) offering a 
        baccalaureate degree in forestry,'' before ``and (b)''.
    (b) Competitive Forestry, Natural Resources, and Environmental 
Grants.--Section 1232(b)(1) of the Forest Stewardship Act of 1990 (16 
U.S.C. 582a-8(b)(1)) is amended by striking ``university,'' and 
inserting ``university (including a 1994 Institution (as defined in 
section 532 of the Equity in Educational Land-Grant Status Act of 1994 
(7 U.S.C. 301 note; Public Law 103-382))),''.

SEC. 4. USDA TRIBAL ADVISORY COMMITTEE.

    (a) Establishment.--
            (1) The Secretary of Agriculture (referred to in this Act 
        as the ``Secretary'') shall establish an advisory committee to 
        provide advice and guidance to the Secretary on matters 
        relating to tribal and Indian affairs.
            (2) The advisory committee established under paragraph (1) 
        shall be known as the ``USDA Tribal Advisory Committee'' 
        (referred to in this Act as the ``Committee'').
            (3) The Committee shall facilitate, but not supplant, 
        government-to-government consultation between the Department of 
        Agriculture (referred to in this Act as the ``Department'') and 
        Indian Tribes.
    (b) Membership.--
            (1) The Committee shall be composed of 9 members appointed 
        as follows:
                    (A) Three members appointed by the Secretary of 
                Agriculture.
                    (B) One member appointed by the Chairman, and one 
                member appointed by the Ranking Member, of the 
                Committee on Agriculture of the House of 
                Representatives.
                    (C) One member appointed by the Chairman, and one 
                member appointed by the Ranking Member, of the 
                Committee on Agriculture, Nutrition, and Forestry of 
                the Senate.
                    (D) One member appointed by the Chairman, and one 
                member appointed by the Ranking Member, of the 
                Committee on Indian Affairs of the Senate.
            (2) Nominations may be submitted by Indian Tribes, Tribal 
        organizations, and national or regional organizations with 
        expertise in issues related to the Committee's duties as 
        identified in this section.
            (3) The Secretary shall ensure that membership on the 
        Committee represents individuals with diverse expertise 
        including expertise related to geographic, tribal, and 
        agricultural industry issues, to the maximum extent feasible.
            (4) No member of the Committee may be an employee or 
        officer of the Federal Government.
            (5) At least one representative from the Office of Tribal 
        Relations of the Department shall be present at each meeting of 
        the Committee. Such representative shall not be a voting member 
        of the Committee.
            (6) The Assistant Secretary for Indian Affairs at the 
        Department of the Interior (or a designee) shall be present at 
        each meeting of the Committee. Such representative shall not be 
        a voting member of the Committee.
    (c) Term; Vacancies.--
            (1) Term.--
                    (A) In general.--Except as provided in subparagraph 
                (B), each member's term shall be 3 years.
                    (B) Initial staggering.--The first appointments 
                made by the Secretary under subparagraph (A) shall be 
                for a term of 2 years.
                    (C) Limit on terms.--No member may serve for more 
                than 3 terms.
            (2) Vacancy.--The Secretary shall fill a vacancy in the 
        Committee within 90 days in the same manner as the original 
        appointment.
    (d) Meetings.--The Committee shall meet in-person not less 
frequently than twice each year.
    (e) Duties.--The duties of the Committee include the following:
            (1) Departmental review.--The Committee shall undertake the 
        following review activities:
                    (A) Identify evolving issues of relevance to Indian 
                Tribes relating to programs of the Department.
                    (B) Communicate to the Secretary the findings of 
                the Committee with respect to the issues identified 
                under paragraph (1) and submit to the Secretary 
                recommendations concerning such issues.
                    (C) Propose clarifications and other 
                recommendations and solutions to address issues 
                identified by the Committee or raised at tribal, 
                regional, and national levels, especially regarding any 
                tribal consultations undertaken by the Department.
                    (D) Provide a forum for Indian Tribes and the 
                Department to discuss issues and proposals for changes 
                to Department regulations, policies, and procedures.
                    (E) Identify priorities and provide advice on 
                appropriate strategies for tribal consultation on 
                issues at the tribal, regional, or national levels.
                    (F) Ensure that pertinent issues are brought to the 
                attention of Indian Tribes in a timely manner, so that 
                timely tribal feedback can be obtained.
                    (G) Identify and propose solutions to any inter-
                departmental barriers between the Department and other 
                Federal agencies.
            (2) Reports.--
                    (A) In general.--Not less frequently than once each 
                year, the Committee shall submit a report describing 
                the activities of the Committee during the previous 
                year and containing such recommendations as the 
                Committee may have for legislative or administrative 
                action for the upcoming year to--
                            (i) the Secretary; and
                            (ii) the relevant Committees of the House 
                        of Representatives and the Senate.
                    (B) Response.--Not later than 45 days after the 
                date on which the Secretary receives a report under 
                subparagraph (A), the Secretary shall submit a written 
                response to that report to--
                            (i) the USDA Tribal Advisory Committee; and
                            (ii) the relevant Committees of the House 
                        of Representatives and the Senate.
    (f) Committee Personnel Matters.--Members of the Committee shall 
serve without pay, except that they shall be reimbursed at a rate equal 
to the daily equivalent of the annual rate of basic pay prescribed for 
level IV of the Executive Schedule under section 5315 of title 5, 
United States Code, for each day (including travel time) for which the 
member is actually engaged in the business of the Committee.
    (g) Federal Advisory Committee Act Exemption.--Section 14 of the 
Federal Advisory Committee Act (5 U.S.C. App. 14) shall not apply to 
the Committee.
    (h) Definitions.--In this section:
            (1) The term ``Indian Tribe'' has the meaning given the 
        term ``Indian tribe'' in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (2) The term ``relevant Committees of the House of 
        Representatives and the Senate'' refers to--
                    (A) the Committee on Agriculture of the House of 
                Representatives;
                    (B) the Committee on Agriculture, Nutrition, and 
                Forestry of the Senate; and
                    (C) the Committee on Indian Affairs of the Senate.
            (3) The term ``Tribal organization'' has the meaning given 
        the term ``tribal organization'' in section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        5304).

SEC. 5. FOREIGN TRADE MISSIONS.

    (a) Tribal Representation on U.S. Trade Missions.--
            (1) In general.--The Secretary, in consultation with the 
        USDA Tribal Advisory Committee established under section 4, 
        shall seek to--
                    (A) support greater inclusion of Tribal 
                agricultural and food products in Federal trade related 
                activities; and
                    (B) increase collaboration between Federal trade 
                promotion efforts and other Federal trade related 
                activities in support of such greater inclusion.
            (2) Interdepartmental coordination.--In undertaking efforts 
        to increase collaboration described in paragraph (1), the 
        Secretary shall coordinate with--
                    (A) the Secretary of Commerce;
                    (B) the Secretary of State;
                    (C) the Secretary of the Interior; and
                    (D) the heads of any other relevant Federal 
                agencies.
    (b) Reporting and Accountability.--
            (1) Not later than 2 years after the date of enactment of 
        this Act, the Secretary shall submit a report detailing the 
        efforts of the Department and other Federal agencies under this 
        section to--
                    (A) the USDA Tribal Advisory Committee;
                    (B) the Committee on Agriculture of the House of 
                Representatives;
                    (C) the Committee on Energy and Commerce of the 
                House of Representatives;
                    (D) the Committee on Agriculture, Nutrition, and 
                Forestry of the Senate;
                    (E) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (F) the Committee on Indian Affairs of the Senate.
            (2) Not later than 90 days after the date of enactment of 
        this Act, the Secretary shall establish goals, in an objective 
        and quantifiable format, by which the inclusion of Indian 
        Tribes and tribal agricultural and food products in the 
        Department's trade related activities can be measured.

SEC. 6. PROMISE ZONES.

    (a) In General.--In this section, the term ``Tribal Promise Zone'' 
means an area that--
            (1) is nominated by 1 or more Indian tribes (as defined in 
        section 4(13) of the Native American Housing Assistance and 
        Self-Determination Act of 1996 (25 U.S.C. 4103(13))) for 
        designation as a Tribal Promise Zone (in this section referred 
        to as a ``nominated zone'');
            (2) has a continuous boundary; and
            (3) the Secretary of Agriculture designates as a Tribal 
        Promise Zone, after consultation with the Secretary of 
        Commerce, the Secretary of Education, the Attorney General, the 
        Secretary of the Interior, the Secretary of Housing and Urban 
        Development, the Secretary of Health and Human Services, the 
        Secretary of Labor, the Secretary of the Treasury, the 
        Secretary of Transportation, and other agencies as appropriate.
    (b) Authorization and Number of Designations.--Not later than 1 
year after the date of enactment of this Act, the Secretary of 
Agriculture shall nominate a minimum number of nominated zones, as 
determined by the Secretary of Agriculture in consultation with Indian 
tribes, to be designated as Tribal Promise Zones.
    (c) Period of Designations.--
            (1) In general.--The Secretary of Agriculture shall 
        designate nominated zones as Tribal Promise Zones before 
        January 1, 2020.
            (2) Effective dates of designations.--The designation of 
        any Tribal Promise Zone shall take effect--
                    (A) for purposes of priority consideration in 
                Federal grant programs and initiatives (other than this 
                section), upon execution of the Tribal Promise Zone 
                agreement with the Secretary of Agriculture; and
                    (B) for purposes of this section, on January 1 of 
                the first calendar year beginning after the date of the 
                execution of the Tribal Promise Zone agreement.
            (3) Termination of designations.--The designation of any 
        Tribal Promise Zone shall end on the earlier of--
                    (A)(i) with respect to a Tribal Promise Zone not 
                described in paragraph (4), the end of the 10-year 
                period beginning on the date that such designation 
                takes effect; or
                    (ii) with respect to a Tribal Promise Zone 
                described in paragraph (4), the end of the 10-year 
                period beginning on the date the area was designated as 
                a Tribal Promise Zone before the date of the enactment 
                of this Act; or
                    (B) the date of the revocation of such designation.
            (4) Application to certain zones already designated.--In 
        the case of any area designated as a Tribal Promise Zone by the 
        Secretary of Agriculture before the date of the enactment of 
        this Act, such area shall be deemed a Tribal Promise Zone 
        designated under this section (notwithstanding whether any such 
        designation has been revoked before the date of the enactment 
        of this Act) and shall reduce the number of Tribal Promise 
        Zones remaining to be designated under paragraph (1).
    (d) Limitations on Designations.--No area may be designated under 
this section unless--
            (1) the entities nominating the area have the authority to 
        nominate the area of designation under this section;
            (2) such entities provide written assurances satisfactory 
        to the Secretary of Agriculture that the competitiveness plan 
        described in the application under subsection (e) for such area 
        will be implemented and that such entities will provide the 
        Secretary of Agriculture with such data regarding the economic 
        conditions of the area (before, during, and after the area's 
        period of designation as a Tribal Promise Zone) as such 
        Secretary may require; and
            (3) the Secretary of Agriculture determines that any 
        information furnished is reasonably accurate.
    (e) Application.--No area may be designated under this section 
unless the application for such designation--
            (1) demonstrates that the nominated zone satisfies the 
        eligibility criteria described in subsection (a); and
            (2) includes a competitiveness plan that--
                    (A) addresses the need of the nominated zone to 
                attract investment and jobs and improve educational 
                opportunities;
                    (B) leverages the nominated zone's economic 
                strengths and outlines targeted investments to develop 
                competitive advantages;
                    (C) demonstrates collaboration across a wide range 
                of stakeholders;
                    (D) outlines a strategy that connects the nominated 
                zone to drivers of regional economic growth; and
                    (E) proposes a strategy for focusing on increased 
                access to high quality affordable housing and improved 
                public safety.
    (f) Selection Criteria.--
            (1) In general.--From among the nominated zones eligible 
        for designation under this section, the Secretary of 
        Agriculture shall designate Tribal Promise Zones on the basis 
        of--
                    (A) the effectiveness of the competitiveness plan 
                submitted under subsection (e) and the assurances made 
                under subsection (d);
                    (B) unemployment rates, poverty rates, vacancy 
                rates, crime rates, and such other factors as the 
                Secretary of Agriculture may identify, including 
                household income, labor force participation, and 
                educational attainment; and
                    (C) other criteria as determined by the Secretary 
                of Agriculture.
            (2) Minimal standards.--The Secretary of Agriculture may 
        set minimal standards for the levels of unemployment and 
        poverty that must be satisfied for designation as a Tribal 
        Promise Zone.

SEC. 7. STUDY OF MARKETPLACE FRAUD OF UNIQUE TRADITIONAL FOODS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall conduct a study on--
            (1) the market impact of traditional foods, tribally 
        produced products, and products that utilize traditional foods;
            (2) fraudulent foods that mimic tribal foods that are 
        available in the commercial marketplace as of the date of 
        enactment of this Act; and
            (3) the means by which authentic traditional foods and 
        tribally produced foods might be protected against the impact 
        of fraudulent foods in the marketplace.
    (b) Inclusions.--The study shall include a consideration of the 
circumstances under which such fraudulent foods in the marketplace 
occurs and an analysis of Federal laws administered by the Secretary, 
intellectual property laws, and trademark laws that might offer 
protections against fraudulent foods in a tribal foods context.
    (c) Report.--Not later than 60 days after the date of completion of 
the study, the Comptroller General shall submit a report describing the 
results of the study to--
            (1) the Committee on Agriculture of the House of 
        Representatives;
            (2) the Committee on the Judiciary of the House of 
        Representatives;
            (3) the Committee on Agriculture, Nutrition, and Forestry 
        of the Senate;
            (4) the Committee on the Judiciary of the Senate; and
            (5) the Committee on Indian Affairs of the Senate.

SEC. 8. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 1994.

    Section 532 of the Equity in Educational Land-Grant Status Act of 
1994 (7 U.S.C. 301 note) is amended--
            (1) in paragraph (11), by striking ``Fort Berthold 
        Community College'' and inserting ``Nueta Hidatsa Sahnish 
        College'';
            (2) in paragraph (21), by striking ``Navajo Technical 
        College'' and inserting ``Navajo Technical University''; and
            (3) by adding at the end the following:
            ``(36) Red Lake Nation College.''.

SEC. 9. SMITH-LEVER COMMUNITY EXTENSION PROGRAM.

    (a) In General.--Section 3(d) of the Smith-Lever Act (7 U.S.C. 
343(d)) is amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
    ``(d) Administration, Technical, and Extension Services.--
            ``(1) In general.--The Secretary'';
            (2) in paragraph (1) (as designated by paragraph (1)), by 
        striking the second sentence; and
            (3) by adding at the end the following:
            ``(2) Competitive funding.--The Secretary of Agriculture 
        may provide funding, on a competitive basis, to--
                    ``(A) a college or university eligible to receive 
                funds under the Act of August 30, 1890 (7 U.S.C. 321-
                326a and 328), including Tuskegee University; or
                    ``(B) a 1994 Institution (as defined in section 532 
                of the Equity in Educational Land-Grant Status Act of 
                1994 (7 U.S.C. 301 note; Public Law 103-382)) for--
                            ``(i) the Children, Youth, and Families at 
                        Risk funding program under subsection (b)(3); 
                        and
                            ``(ii) the Federally Recognized Tribes 
                        Extension Program.''.
    (b) Conforming Amendments.--
            (1) Section 3(f) of the Smith Lever Act (7 U.S.C. 343(f)) 
        is amended by inserting ``or, in the case of a 1994 
        Institution, subsection (d)'' before the period at the end.
            (2) Section 533(a)(2)(A) of the Equity in Educational Land-
        Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-
        382) is amended by striking clause (ii) and inserting the 
        following:
                            ``(ii) the Smith-Lever Act (7 U.S.C. 341 et 
                        seq.), except as provided under--
                                    ``(I) section 3(b)(3) of that Act 
                                (7 U.S.C. 343(b)(3)); or
                                    ``(II) paragraph (2) of section 
                                3(d) of that Act (7 U.S.C. 343(d)); 
                                or''.

SEC. 10. SELF-DETERMINATION DEMONSTRATION PROJECT WITH DEPARTMENT OF 
              AGRICULTURE.

    Title I of the Indian Self-Determination Act (25 U.S.C. 5321 et 
seq.) is amended by adding at the end the following:

``SEC. 112. SELF-DETERMINATION DEMONSTRATION PROJECT WITH DEPARTMENT OF 
              AGRICULTURE.

    ``(a) Definition of Covered Program.--In this section, the term 
`covered program' means--
            ``(1) a program of the Tribal Forest Protection Act of 2004 
        (25 U.S.C. 3115a et seq.); or
            ``(2) a food distribution program under section 4(b) of the 
        Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)).
    ``(b) Agriculture Self-Determination Demonstration Project 
Authorized.--The Secretary of Agriculture shall carry out a 
demonstration project through which the Secretary of Agriculture enters 
into self-determination contracts, in accordance with subsection (c), 
with Indian tribes and tribal organizations, upon the request of any 
Indian tribe by tribal resolution, to plan, conduct, and administer any 
function, service, or activity of 1 or more covered programs for the 
Indian tribe.
    ``(c) Self-Determination Contract.--A self-determination contract 
entered into under subsection (b) shall have the same terms and 
conditions, and be subject to the same procedures, regulations, and 
requirements, as a self-determination contract entered into under 
section 102, except that--
            ``(1) the Secretary of Agriculture and the Department of 
        Agriculture shall be the appropriate Secretary and agency for 
        purposes of a self-determination contract under this section;
            ``(2) not later than 1 year after the date of enactment of 
        this section, the Secretary of Agriculture shall develop a 
        procedure, in consultation with Indian tribes, for Indian 
        tribes to submit proposals for participation in the 
        demonstration project; and
            ``(3) to the extent that a self-determination contract is 
        requested regarding a covered program described in subsection 
        (a)(1) that is similar to functions already carried out by a 
        tribal organization under a self-determination contract with 
        the Secretary of the Interior under section 102, the Secretary 
        of Agriculture shall structure the self-determination contract 
        under this section to be as similar to the earlier self-
        determination contract as is practicable.
    ``(d) Technical Assistance.--The Office of Self-Governance of the 
Bureau of Indian Affairs shall provide technical assistance regarding 
the self-determination contracts authorized under this section to the 
Secretary of Agriculture, and to Indian tribes and tribal organizations 
who request such assistance.''.
                                 <all>