[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;