To establish a procedure to authorize the integration and coordination of Federal funding dedicated to the community, business, and economic development of Native American communities.

July 31 (legislative day, JULY 21), 2003

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

To establish a procedure to authorize the integration and coordination of Federal funding dedicated to the community, business, and economic development of Native American communities.

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

SECTION 1. TITLE.

The Act may be cited as the `Indian Tribal Development Consolidated Funding Act of 2003'.

SEC. 2. FINDINGS; PURPOSES.

(a) FINDINGS- Congress finds that--

(1) a unique legal and political relationship exists between the United States and Indian tribes that is reflected in article I, section 8, clause 3 of the Constitution, various treaties, Federal statutes, Supreme Court decisions, executive agreements, and course of dealing;

(2) despite the infusion of a substantial amount of Federal funds into Native American communities over several decades, the majority of Native Americans remain mired in poverty, unemployment, and despair;

(3) the efforts of the United States to foster community, economic, and business development in Native American communities have been hampered by fragmentation of authority, responsibility, and performance, and lack of timeliness and coordination in resources and decisionmaking; and

(4) the effectiveness of Federal and tribal efforts in generating employment opportunities and bringing value-added activities and economic growth to Native American communities depends on cooperative arrangements among the various Federal agencies and Indian tribes.

(b) PURPOSES- The purposes of this Act are--

(1) to enable Indian tribes and tribal organizations to use available Federal assistance more effectively and efficiently;

(2) to adapt and target such assistance more readily to particular needs through wider use of projects that are supported by more than 1 agency, assistance program, or appropriation of the Federal Government;

(3) to encourage Federal-tribal arrangements under which Indian tribes and tribal organizations may more effectively and efficiently combine Federal and tribal resources to support economic development projects;

(4) to promote the coordination of Native American economic programs to maximize the benefits of those programs to encourage a more consolidated, national policy for economic development; and

(5) to establish a procedure to aid Indian tribes in obtaining Federal resources and in more efficiently administering those resources for the furtherance of tribal self-governance and self-determination.

SEC. 3. DEFINITIONS.

In this Act:

(1) APPLICANT- The term `applicant' means an Indian tribe or tribal organization, or a consortium of Indian tribes or tribal organizations, that submits an application under this Act for assistance in carrying out a project.

(2) ASSISTANCE- The term `assistance' means the transfer of anything of value for a public purpose, support, or stimulation that is--

(A) authorized by a law of the United States;

(B) provided by the Federal Government through grant or contractual arrangements (including technical assistance programs providing assistance by loan, loan guarantee, or insurance); and

(C) authorized to include an Indian tribe or tribal organization, or a consortium of Indian tribes or tribal organizations, as eligible for receipt of funds under a statutory or administrative formula for the purposes of community, economic, or business development.

(3) ASSISTANCE PROGRAM- The term `assistance program' means any program of the Federal Government that provides assistance for which Indian tribes or tribal organizations are eligible.

(4) INDIAN TRIBE- The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

(5) PROJECT-

(A) IN GENERAL- The term `project' means a community, economic, or business development undertaking that includes components that contribute materially to carrying out a purpose or closely-related purposes that are proposed or approved for assistance under more than 1 Federal Government program.

(B) INCLUSION- The term `project' includes a project designed to improve the environment, a housing facility, a community facility, a business or industrial facility, or transportation, a road, or a highway, with respect to an Indian tribe, tribal organization, or consortium.

(6) SECRETARY- The term `Secretary' means the Secretary of the Interior.

(7) TRIBAL ORGANIZATION- The term `tribal organization' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

SEC. 4. LEAD AGENCY.

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

SEC. 5. SELECTION OF PARTICIPATING TRIBES.

(a) PARTICIPANTS-

(1) IN GENERAL- The Secretary may select from the applicant pool described in subsection (b) Indian tribes or tribal organizations, not to exceed 24 in each fiscal year, to submit an application to carry out a project under this Act.

(2) CONSORTIA- Two or more Indian tribes or tribal organizations that are otherwise eligible to participate in a program or activity to which this Act applies may form a consortium to participate as an applicant under paragraph (1).

(b) APPLICANT POOL- The applicant pool described in this subsection shall consist of each Indian tribe or tribal organization that--

(1) successfully completes the planning phase described in subsection (c);

(2) requests participation in a project under this Act through a resolution or other official action of the tribal governing body; and

(3) demonstrates, for the 3 fiscal years immediately preceding the fiscal year for which participation is requested, financial stability and financial management capability as demonstrated by a showing by the Indian tribe or tribal organization that there were no material audit exceptions in the required annual audit of the self-determination contracts of the Indian tribe or tribal organization.

(c) PLANNING PHASE- Each applicant--

(1) shall complete a planning phase that includes--

(A) legal and budgetary research; and

(B) internal tribal government and organizational preparation; and

(2) on completion of the planning phase, shall be eligible for joint assistance with respect to a project.

SEC. 6. APPLICATION REQUIREMENTS, REVIEW, AND APPROVAL.

(a) REQUIREMENTS- An applicant shall submit to the head of the Federal agency responsible for administering the primary Federal program to be affected by the project an application that--

(1) identifies the programs to be integrated;

(2) proposes programs that are consistent with the purposes described in section 2(b);

(3) describes--

(A) a comprehensive strategy that identifies the manner in which Federal funds are to be integrated and delivered under the project; and

(B) the results expected from the project;

(4) identifies the projected expenditures under the project in a single budget;

(5) identifies the agency or agencies of the tribal government that are to be involved in the project;

(6) identifies any Federal statutory provisions, regulations, policies, or procedures that the applicant requests be waived in order to implement the project; and

(7) is approved by the governing body of the applicant, including, in the case of an applicant that is a consortium or tribes or tribal organizations, the governing body of each affected member tribe or tribal organization.

(b) REVIEW- On receipt of an application that meets the requirements of subsection (a), the head of the Federal agency receiving the application shall--

(1) consult with the applicant and with the head of each Federal agency that is proposed to provide funds to implement the project; and

(2) consult and coordinate with the Department of the Interior as the lead agency under this Act for the purposes of processing the application.

(c) APPROVAL-

(1) WAIVERS-

(A) IN GENERAL- Subject to subparagraph (B), notwithstanding any other provision of law, the head of the Federal agency responsible for administering any statutory provision, regulation, policy, or procedure that is identified in an application in accordance with subsection (a)(6) or as a result of the consultation required under subsection (b), and that is requested by the applicant to be waived, shall waive the statutory provision, regulation, policy, or procedure.

(B) LIMITATION- A statutory provision, regulation, policy, or procedure identified for waiver under subparagraph (A) may not be waived by an agency head if the agency head determines that a waiver would be inconsistent with--

(i) the purposes described in section 2(b); or

(ii) any provision of the statute governing the program involved that is specifically applicable to Indian programs.

(2) PROJECT-

(A) IN GENERAL- Not later than 90 days after the date of receipt of an application that meets the requirements of subsection (a), the head of the Federal agency receiving the application shall inform the applicant, in writing, of the approval or disapproval of the application, including the approval or disapproval of any waiver sought under paragraph (1).

(B) DISAPPROVAL- If an application or waiver is disapproved--

(i) the written notice shall identify the reasons for the disapproval; and

(ii) the applicant shall be provided an opportunity to amend the application or to petition the agency head to reconsider the disapproval.

SEC. 7. AUTHORITY OF HEADS OF FEDERAL AGENCIES.

(a) IN GENERAL- The President, acting through the heads of the appropriate Federal agencies, shall promulgate regulations necessary--

(1) to carry out this Act; and

(2) to ensure that this Act is applied and implemented by all Federal agencies.

(b) SCOPE OF COVERAGE- The Federal agencies that are included within the scope of this Act shall include--

(1) the Department of Agriculture;

(2) the Department of Commerce;

(3) the Department of Defense;

(4) the Department of Education;

(5) the Department of Energy;

(6) the Department of Health and Human Services;

(7) the Department of Homeland Security;

(8) the Department of Housing and Urban Development;

(9) the Department of the Interior;

(10) the Department of Justice;

(11) the Department of Labor;

(12) the Department of Transportation;

(13) the Department of the Treasury;

(14) the Department of Veterans Affairs;

(15) the Environmental Protection Agency;

(16) the Small Business Administration; and

(17) such other agencies as the President determines to be appropriate.

(c) ACTIVITIES- Notwithstanding any other provision of law, the head of each Federal agency, acting alone or jointly through an agreement with another Federal agency, may--

(1) identify related Federal programs that are suitable for providing joint financing of specific kinds of projects with respect to Indian tribes or tribal organizations;

(2) assist in planning and developing such projects to be financed through different Federal programs;

(3) with respect to Federal programs or projects that are identified or developed under paragraphs (1) or (2), develop and prescribe--

(A) guidelines;

(B) model or illustrative projects;

(C) joint or common application forms; and

(D) other materials or guidance;

(4) review administrative program requirements to identify requirements that may impede the joint financing of such projects and modify the requirements appropriately;

(5) establish common technical and administrative regulations for related Federal programs to assist in providing joint financing to support a specific project or class of projects; and

(6) establish joint or common application processing and project supervision procedures, including procedures for designating--

(A) an agency responsible for processing applications; and

(B) a lead agency responsible for project supervision.

(d) REQUIREMENTS- In carrying out this Act, the head of each Federal agency shall--

(1) take all appropriate actions to carry out this Act when administering an assistance program;

(2) consult and cooperate with the heads of other Federal agencies; and

(3) assist in the administration of assistance programs of other Federal agencies that may be used to jointly finance projects undertaken by Indian tribes or tribal organizations.

SEC. 8. PROCEDURES FOR PROCESSING REQUESTS FOR JOINT FINANCING.

In processing an application for assistance for a project to be financed in accordance with this Act by at least 2 assistance programs, the head of a Federal agency shall take all appropriate actions to ensure that--

(1) required reviews and approvals are handled expeditiously;

(2) complete account is taken of special considerations of timing that are made known to the head of the Federal agency by the applicant that would affect the feasibility of a jointly financed project;

(3) an applicant is required to deal with a minimum number of representatives of the Federal Government;

(4) an applicant is promptly informed of a decision or problem that could affect the feasibility of providing joint assistance under the application; and

(5) an applicant is not required to get information or assurances from 1 Federal agency for a requesting Federal agency in a case in which the requesting agency makes the information or assurances directly.

SEC. 9. UNIFORM ADMINISTRATIVE PROCEDURES.

(a) IN GENERAL- To make participation in a project simpler than would otherwise be practicable because of the application of inconsistent or conflicting technical or administrative regulations or procedures that are not specifically required by the statute that governs the Federal program under which the project is funded, the head of a Federal agency may promulgate uniform regulations concerning inconsistent or conflicting requirements with respect to--

(1) the financial administration of the project, including with respect to accounting, reporting, and

auditing, and maintaining a separate bank account, to the extent consistent with this Act;

(2) the timing of payments by the Federal Government for the project in a case in which 1 payment schedule or a combined payment schedule is to be established for the project;

(3) the provision of assistance by grant rather than procurement contract; and

(4) the accountability for, or the disposition of, records, property, or structures acquired or constructed with assistance from the Federal Government under the project.

(b) REVIEW- To make the processing of applications for assistance under a project simpler under this Act, the head of a Federal agency may provide for review of proposals for a project by a single panel, board, or committee in any case in which reviews by separate panels, boards, or committees are not specifically required by the statute that authorizes the Federal program under which the project is funded.

SEC. 10. DELEGATION OF SUPERVISION OF ASSISTANCE.

(a) IN GENERAL- In accordance with regulations promulgated under section 7(a), the head of a Federal agency may delegate or otherwise enter into an arrangement to have another Federal agency carry out or supervise a project or class of projects jointly financed in accordance with this Act.

(b) CONDITIONS- A delegation or other arrangement under subsection (a)--

(1) shall be made under conditions ensuring that the duties and powers delegated are exercised consistent with Federal law; and

(2) may not be made in a manner that relieves the head of a Federal agency of responsibility for the proper and efficient management of a project for which the agency provides assistance.

SEC. 11. JOINT ASSISTANCE FUNDS AND PROJECT FACILITATION.

(a) JOINT ASSISTANCE FUND- In providing support for a project in accordance with this Act, the head of a Federal agency may provide for the establishment in the Treasury by an applicant of a joint assistance fund to ensure that amounts received by the applicant from more than 1 assistance program or appropriation are effectively administered.

(b) AGREEMENT-

(1) IN GENERAL- A joint assistance fund may be established under subsection (a) only in accordance with an agreement by the Federal agencies involved concerning the responsibilities of each such agency.

(2) REQUIREMENTS OF AGREEMENT- An agreement under paragraph (1) shall--

(A) ensure the availability of necessary information to Federal agencies and Congress; and

(B) provide that the agency providing for the establishment of the fund under subsection (a) is responsible and accountable by program and appropriation for the amounts provided for the purposes of each fund.

(c) USE OF EXCESS FUNDS- In any project conducted under this Act for which a joint assistance fund has been established under subsection (a) and the actual costs of the project are less than the estimated costs, use of the excess funds shall be determined by the head of the Federal agency administering the joint assistance fund, after consultation with the applicant.

SEC. 12. FINANCIAL MANAGEMENT, ACCOUNTABILITY, AND AUDITS.

(a) SINGLE AUDIT ACT- Recipients of funding provided in accordance with this Act shall be subject to chapter 75 of title 31, United States Code.

(b) RECORDS-

(1) IN GENERAL- With respect to each project financed through an account in a joint assistance fund established under section 11, the recipient of amounts from the fund shall maintain records as required by the head of the Federal agency responsible for administering the fund.

(2) REQUIREMENTS- Records described in paragraph (1) shall disclose--

(A) the amount and disposition by the recipient of assistance received under each Federal assistance program and appropriation;

(B) the total cost of the project for which such assistance was given or used;

(C) the part of the cost of the project provided from other sources; and

(D) such other information as the head of the Federal agency responsible for administering the fund determines will facilitate the conduct of an audit of the project.

(c) AVAILABILITY- Records of a recipient related to an amount received from a joint assistance fund under this Act shall be made available, for inspection and audit, to--

(1) the head of the Federal agency responsible for administering the fund; and

(2) the Comptroller General of the United States.

SEC. 13. TECHNICAL ASSISTANCE AND PERSONNEL TRAINING.

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

SEC. 14. JOINT STATE FINANCING FOR FEDERAL-TRIBAL ASSISTED PROJECTS.

(a) IN GENERAL- Under regulations promulgated under section 7(a), the head of a Federal agency may enter into an agreement with a State to extend the benefits of this Act to a project that involves assistance from--

(1) at least 1 Federal agency;

(2) a State; and

(3) at least 1 tribal agency or instrumentality.

(b) JOINT ACTION- An agreement under subsection (a) may include arrangements to process requests or administer assistance on a joint basis.

SEC. 15. REPORT TO CONGRESS.

Not later than 1 year after the date of enactment of this Act, the President shall submit to Congress a report that includes--

(1) a description of actions taken under this Act;

(2) a detailed evaluation of the implementation of this Act, including information on the benefits and costs of jointly financed projects that accrue to participating Indian tribes and tribal organizations; and

(3) recommendations (including legislative recommendations) of the President with respect to improvement of this Act.

END