[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 3654 Introduced in House (IH)] <DOC> 119th CONGRESS 1st Session H. R. 3654 To authorize the integration and administrative streamlining of Federal funding 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 May 29, 2025 Ms. Randall (for herself, Ms. Perez, Mr. Simpson, Ms. Davids of Kansas, Mr. Huffman, Mr. Mullin, Mr. Fitzpatrick, Ms. Strickland, and Mr. Moolenaar) introduced 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 reservations, 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 Representatives 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 Emergency Response Resources Act'' or the ``TERRA Act''. (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 disasters, including but not limited to flooding, erosion, sea level rise, permafrost degradation, ocean acidification, extended drought, extreme temperatures, tsunamis, storm surges, and more frequent and severe wildfires, hurricanes, and tornadoes, to integrate funding from multiple eligible Federal programs into comprehensive Plans designed to meet the needs of those Indian Tribes and their communities with respect to preventing or addressing those environmental impacts or natural disasters, including by community-driven relocation, if applicable, while-- (1) reducing administrative, reporting, and accounting 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 Governments of Indian Tribes, and the unique Federal trust responsibility to Indian Tribes and Indian people assumed by the United States, including all Federal agencies. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) Affected agency.--The term ``affected agency'' means a Federal agency that administers a program that has been integrated, or is being proposed for integration, into a Plan. (2) Community-driven relocation.--The term ``community- driven relocation'' means any voluntary, Tribally led climate adaptation strategy that may involve moving all or part of a Tribal community from an area prone to environmental hazards to a safer area, such as plans and projects for protect-in-place, managed retreat, and full-scale relocation efforts, which may include, but are not limited to, demolition and construction of new housing, utilities, and infrastructure. (3) Coordinated project schedule.--The term ``coordinated project schedule'' means the coordinated project schedule required under section 202(c)(1). (4) Department.--The term ``Department'' means the Department of the Interior. (5) Federal agency.--The term ``Federal agency'' has the meaning given the term ``agency'' in section 551 of title 5, United States Code. (6) Federal partner.--The term ``Federal partner'' means each of-- (A) the Department; (B) the Department of Agriculture; (C) the Department of Commerce; (D) the Department of Defense; (E) the Department of Energy; (F) the Department of Health and Human Services; (G) the Department of Homeland Security; (H) the Department of Housing and Urban Development; (I) the Department of Justice; (J) the Department of Transportation; (K) the Department of the Treasury; (L) the Environmental Protection Agency; (M) the Federal Communications Commission; (N) the Federal Energy Regulatory Commission; (O) the Advisory Council on Historic Preservation; and (P) any other Federal agency that operates a program that is proposed by an Indian Tribe and determined eligible by the Secretary for integration into a Plan under this Act. (7) 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. (8) 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). (9) NEPA.--The term ``NEPA'' means the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (10) Participating agency.--The term ``participating agency'' means a Federal agency that, regardless of whether the Federal agency is a Federal partner or an affected agency-- (A) has review, permitting, or other authorization responsibility with respect to the services or activities to be carried out under a Plan, including but not limited to responsibilities that require review 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 permitting and review procedures for implementing that Plan, in accordance with section 202. (11) Plan.--The term ``Plan'' means a Plan authorized under this Act. (12) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (13) Traditional ecological knowledge.--The term ``Traditional Ecological Knowledge'' means a body of observations, oral and written knowledge, innovations, practices, and beliefs developed by Indian Tribes through long- term interaction and experience with the environment passed from generation to generation, that continues to evolve and may only be obtained with an Indian Tribe's free, prior, and informed consent. SEC. 4. LEAD AGENCY. Notwithstanding any other provision of law-- (1) the lead Federal agency responsible for implementation of this Act is the Department; and (2) unless otherwise provided in this Act, the Secretary possesses sole and exclusive decisionmaking authority for all Federal actions under this Act, including but not limited to the sole and exclusive authority to determine whether a Federal program is eligible for integration into a Plan. TITLE I--PROGRAM COMPONENTS; PLAN DEVELOPMENT AND APPROVAL SEC. 101. INTEGRATION OF FEDERAL PROGRAMS AUTHORIZED. 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, to-- (1) integrate funding from eligible Federal programs (referred to in this section as the ``integrated Federal programs''), including but not limited to implementing any waivers of statutory, regulatory, and administrative requirements, regulations, policies, and procedures granted under section 107; (2) carry out the core services and activities that would otherwise be provided through the integrated Federal programs in accordance with the designated purposes of the Plan; (3) reallocate, reprogram, consolidate, or rebudget funds from the integrated Federal programs, as needed, among the various services 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; (4) if appropriate, and in accordance with the designated purposes of the Plan, reallocate, reprogram, consolidate, or rebudget some or all of the funds from the integrated Federal programs to costs associated with community-driven relocation; and (5) provide a single report each year, based on the model report developed under section 201(b)-- (A) in lieu of reporting, recordkeeping, auditing, or similar requirements or procedures associated with the integrated Federal programs; and (B) without the need for a waiver to be granted under section 107. SEC. 102. ELIGIBLE FEDERAL PROGRAMS. For a Federal program to be eligible for integration into a Plan, the following criteria must be met with respect to the purpose and nature of funding: (1) Purpose.--An Indian Tribe plans to implement the Federal program for a purpose that helps to address environmental resiliency, which may include, but is not limited to, advancing such purpose through-- (A) climate resilience, mitigation, or community- driven relocation; (B) disaster relief, preparedness, or prevention; (C) environmental remediation; (D) housing; (E) infrastructure maintenance or development; (F) economic development; (G) land management (including but not limited to purchasing, leasing, and fee-to-trust); (H) capacity building; (I) real estate services; (J) natural resources management or development; (K) energy or utility services; (L) public health or welfare; and (M) any purpose relating to, or otherwise supporting or facilitating, a purpose described in subparagraphs (A) through (L). (2) Nature of funding.--The funding of the Federal program is provided to an Indian Tribe based on at least one of the following: (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 Indian Tribe or members of the Indian Tribe; or (ii) based solely or in part on the status of the Indian Tribe or members of the Indian Tribe as Indians under Federal law. (B) The fact that an Indian Tribe or members of an Indian Tribe have secured funds as a result of a noncompetitive process or a specific designation. (C) A competitive process under which Indian 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. (D) Block grant funds provided to an Indian Tribe, regardless of whether the block grant is for the benefit of the Indian Tribe because 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 expended (including but not limited to reallocating, reprogramming, consolidating, or rebudgeting the funds) 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 (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 integrated 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 environment- related threats to the existing reservation, other Tribal lands, or ways of life of the Indian Tribe; and (B) if applicable, a strategy for community-driven relocation to be addressed by the Plan, that identifies-- (i) the general location of the proposed relocation efforts; and (ii) a summary of geospatial information, if available, illustrating-- (I) the proposed relocation area; and (II) if applicable, the locations of environmental, cultural, and historic resources; (4) describe the way in which Federal program funds and services are to be integrated, consolidated, and delivered to provide services and carry out activities under the designated purposes of the Plan, including but not limited to 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 historic preservation reviews, permits, or other authorizations anticipated to be required to be completed or obtained to implement the Plan, including but not limited to any reviews 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 administrative requirements, regulations, policies, or procedures that the Indian Tribe believes need to be waived to efficiently and effectively implement the Plan; and (9) be approved by the governing body of the Indian Tribe, by resolution or other applicable means. (b) Confidentiality.--Traditional Ecological Knowledge, including but not limited to information relating to natural, cultural, and historical resources, submitted in a Plan shall be-- (1) kept confidential; and (2) exempt from the disclosure requirements under-- (A) section 552(b)(3) of title 5, United States Code (commonly known as the ``Freedom of Information Act''); (B) chapter 10 of part I of title 5, United States Code (commonly known as the ``Federal Advisory Committee Act''); (C) the Open, Public, Electronic, and Necessary Government Data Act (title II of Public Law 115-435); (D) NEPA; and (E) similar disclosure statutes and requirements, as applicable. SEC. 105. TECHNICAL ASSISTANCE. (a) In General.--On request of an Indian Tribe, the Secretary shall provide technical assistance to the Indian Tribe with respect to any phase or aspect of a Plan, including but not limited to-- (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 requests review of a draft proposed Plan under subsection (a)(2), the Secretary shall-- (1) identify any issues or missing information that may prevent the approval of the draft proposed Plan; and (2) provide followup technical assistance to resolve any issues identified in paragraph (1), as applicable. (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 assistance under subsection (a), on request of the Indian Tribe receiving technical assistance, or as the Secretary determines appropriate, the Secretary shall consult with any Federal agencies anticipated to be affected agencies or participating agencies with respect 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 but not limited to-- (A) waiver requests under section 107;