[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;