Overview
Title
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.
ELI5 AI
H.R. 7859 is a plan to help Native American Tribes that live in areas dangered by things like strong storms or fires, by letting them use money from different programs to solve their problems better and faster. It tries to make it easier for them to use the help they get by reducing complicated rules and making sure their own plans are supported.
Summary AI
H.R. 7859 seeks to help Indian Tribes that live on reservations or Tribal lands that face risks from environmental impacts and natural disasters. The bill allows these Tribes to streamline and combine federal funding from various programs into comprehensive plans that address their specific needs, such as dealing with climate change, flooding, or wildfires. It emphasizes reducing administrative costs and supports Tribally determined goals while maintaining the government's responsibility to Indian Tribes. The bill also details the processes for Plan approval, waiver requests, and cooperation among federal agencies to facilitate Plan implementation.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
The Tribal Environmental Resiliency Resources Act, or the TERRA Act, is aimed at providing Indian Tribes with the ability to manage funding from multiple federal programs. This legislation is designed to support Tribes facing environmental threats and natural disasters like floods and wildfires. By integrating funding into comprehensive plans, the Act seeks to lower administrative costs and help Tribes achieve their self-determined goals concerning environmental resilience.
Summary of Significant Issues
One notable concern with the bill is its concentration of decision-making authority. The Secretary of the Interior has been granted sole and exclusive authority over all federal actions under the Act. This raises questions about the adequacy of checks and balances and the potential risks associated with such concentrated power.
The bill also grants significant waiver authority to heads of federal agencies, allowing them to bypass certain statutory, regulatory, or administrative requirements. Without specific criteria or guidelines, this could lead to inconsistency in how waivers are applied, which might result in favoritism or inequity among Indian Tribes.
Another issue is the provision for "deemed approval" of plans and waivers if decisions are not made within specific time frames. This could inadvertently lead to inadequate oversight, with plans or waivers being approved without meeting the necessary criteria, potentially leading to misallocated or inefficient use of resources.
Impact on the Public and Stakeholders
Broadly, the TERRA Act has the potential to significantly impact how Indian Tribes manage environmental challenges. For the public at large, this could translate to more streamlined, efficient use of federal resources in addressing critical environmental issues. By empowering Tribes to manage their funds and projects, the Act supports tribal sovereignty and self-determination.
However, for specific stakeholders, particularly those within Indian Tribes, the impact of the Act could vary. On the positive side, successful integration of federal programs into cohesive plans might enhance Tribes' ability to respond to and mitigate environmental threats effectively. It could also lead to better alignment of projects with tribal needs and priorities, fostering more relevant and impactful outcomes.
Conversely, the centralized authority in decision-making and waiver provisions could create challenges. Tribes might encounter issues if approvals or support are delayed due to bureaucratic processes or if eligibility for integration is ambiguously defined. Furthermore, the confidentiality clause regarding tribal resources might limit public transparency and hinder broader community involvement.
The Act may lead to positive changes if implemented with careful oversight and clear, consistent application of its provisions. However, the outlined issues underscore the need for rigorous checks and accountability to ensure that the benefits intended by the Act reach all stakeholders equitably and that resources are used efficiently to address environmental challenges faced by Indian Tribes.
Issues
The bill grants the Secretary of the Interior sole and exclusive decision-making authority for all Federal actions under the Act (Section 4), which raises concerns about checks and balances and the concentration of power without adequate oversight mechanisms.
There is significant waiver authority granted to the heads of affected agencies (Section 107), which may lead to inconsistencies and the potential for misuse or unfair advantages, as it allows for waivers of statutory, regulatory, or administrative requirements without clear, specific criteria.
The provision for 'deemed approval' if no decision is made within specific timeframes (Sections 108 and 107) may lead to inadequate oversight and the unintentional approval of plans or waivers that do not meet the Act's criteria, posing risks of inefficiencies or resource misallocation.
The lack of defined criteria or guidelines for determining which Federal programs are eligible for integration into a Plan (Sections 101 and 102) may lead to ambiguous interpretations and misuse of funds, making the oversight and accountability complex.
The confidentiality clause for information related to Tribal resources (Section 104) and exemption from the Freedom of Information Act might lead to decreased transparency and opportunities for public insight into the decision-making process.
The section on streamlined funding framework (Section 204) lacks specificity and defined roles for accountability, which could lead to coordination challenges and inconsistent implementation across affected agencies.
The provision allowing for the emergency distribution of funds before a Plan is approved (Section 205), without outlined criteria for what constitutes an 'emergency,' could lead to potential misuse or premature allocation of funds.
The text does not provide for explicit oversight or auditing mechanisms throughout its processes (e.g., Sections 104 and 106), which could lead to risks of inefficiency, fraud, or improper use of funds.
The provision stating that Federal funds available to an Indian Tribe shall not be reduced as a consequence of this Act (Section 207) is broad and may limit necessary budget adjustments, potentially leading to inefficient resource allocation.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
The Tribal Environmental Resiliency Resources Act, also known as the TERRA Act, outlines its purpose, definitions, and details about its management and implementation process, including how federal programs will be integrated, plan development and review procedures, and the administration and distribution of funds. The Act also discusses streamlined procedures for reporting, permitting, and fund distribution to support tribal environmental and resiliency initiatives.
2. Statement of purpose Read Opens in new tab
Summary AI
The purpose of this Act is to help Indian Tribes facing risks from environmental issues and natural disasters, like floods or wildfires, by allowing them to combine funding from different Federal programs into comprehensive plans. This aims to lower administrative costs and support goals chosen by the Tribes, in line with their right to self-determination and the special relationship between the U.S. government and Indian Tribes.
3. Definitions Read Opens in new tab
Summary AI
The section provides definitions for various terms used in the Act, including "affected agency," which refers to Federal agencies involved in a program plan; "Federal partner," which lists different governmental departments; and other terms like "NEPA," "Indian Tribe," and "Plan," to clarify their specific meanings within the context of the Act.
4. Lead agency Read Opens in new tab
Summary AI
The section explains that the Department is the main federal agency in charge of putting the Act into action. It also states that the Secretary has the sole authority to make decisions on all federal actions related to the Act, including deciding if a federal program can be incorporated into a Plan.
101. Integration of Federal programs authorized Read Opens in new tab
Summary AI
The section authorizes an Indian Tribe to manage and allocate funds from federal programs for their projects once their plan is approved by the Secretary. This includes combining funds, reallocating them, simplifying reporting requirements, and potentially using funds for community relocation without needing additional permissions.
102. Eligible Federal programs Read Opens in new tab
Summary AI
To be part of a Plan, a Federal program must aim to support environmental resilience by focusing on areas like climate, disaster relief, and infrastructure, and its funding needs to be tied to specific criteria related to Indian Tribes, including eligibility based on status or through competitive processes.
103. Activities authorized under a Plan Read Opens in new tab
Summary AI
Federal funds included in a Plan can be used either for the main services or activities originally supported by the Federal programs in the Plan, or for projects that involve relocating communities.
104. Plan requirements Read Opens in new tab
Summary AI
A Plan submitted by an Indian Tribe for approval must include details about integrating Federal programs, address environment-related threats, and propose relocation strategies if necessary. It should outline how funds will be used, include any needed land trust actions, detail required reviews or permits, identify any rules to waive, and be approved by the Tribe's governing body. Information about Tribal resources in the Plan will remain confidential and not subject to public disclosure laws.
105. Technical assistance Read Opens in new tab
Summary AI
The Secretary provides technical help to Indian Tribes for developing and reviewing plans, including offering feedback on draft plans and addressing issues. This assistance involves consulting with other federal agencies if needed, to support planning phases like funding and project scheduling.
106. Plan submission and review Read Opens in new tab
Summary AI
An Indian Tribe must inform the Secretary in writing about their intention to create a proposed Plan. Upon notification, the Secretary will consult with the Tribe to explore potential Federal programs that might be included in the Plan and identify any necessary legal waivers for its implementation. The Tribe's proposed Plan must meet the Act's requirements, including any waivers requested.
107. Waiver authority Read Opens in new tab
Summary AI
The section outlines the process for an Indian Tribe to request a waiver from certain statutory, regulatory, or administrative requirements to better implement a proposed plan, in consultation with the Secretary and the head of the affected agency. It also stipulates the timelines for decisions on waiver requests, the conditions under which waivers cannot be granted, and the procedure for resolving disputes related to these requests through an interagency process.
108. Plan approval or denial Read Opens in new tab
Summary AI
The section outlines the process for approving or denying plans submitted by Indian Tribes, giving the Secretary authority to decide within 90 days. If a plan is denied, the Secretary must provide reasons, assist in corrections, and inform the tribe of their right to a hearing, while also allowing the tribe to file a civil lawsuit without needing to exhaust administrative remedies.
201. Reduced reporting requirements Read Opens in new tab
Summary AI
The section outlines that Indian Tribes with an approved Plan by the Secretary have reduced reporting requirements. Tribes need to submit one annual report using a model report provided by the Secretary, and they do not need to follow separate reporting rules for different federal programs included in their Plan; the Secretary also provides tools for monitoring and a list of programs and waivers applicable to these Plans.
202. Streamlined permitting and review implementation Read Opens in new tab
Summary AI
This section outlines a process for streamlining the permitting and review process for plans approved by the Secretary involving Indian Tribes, requiring the identification of relevant federal agencies responsible for permits and reviews. It mandates creating a coordinated schedule for these reviews, encourages agencies to carry out their responsibilities concurrently to minimize delays, and establishes a framework for petitions to court in cases of agency inaction, while also considering tribal input and documentation in the review process.
203. Expedited fee-to-trust process for Plan implementation Read Opens in new tab
Summary AI
The section outlines how the Secretary is required to take land into trust for an Indian Tribe if the land was bought with funds from a specific Plan or if the Tribe faces urgent environmental danger and needs to move. Additionally, the Secretary has the option to take any Indian Tribe’s land into trust for purposes stated in a Plan without certain documentation, but must consult with the Tribe and follow specific criteria for review and decision timelines.
204. Streamlined funding framework implementation Read Opens in new tab
Summary AI
The section outlines a process where the Secretary, with the help of the Indian Tribe, creates a streamlined approach to manage how federal funds are coordinated for certain programs. It requires listing involved agencies and their responsibilities, setting a funding schedule, and updating this information quarterly to ensure efficient collaboration among the agencies without affecting their other legal duties.
205. Transfer and distribution of funds Read Opens in new tab
Summary AI
The section explains that the Secretary is responsible for receiving and distributing funds to Indian Tribes under an approved plan. It allows agencies to set aside at least 10% of funds for Indian Tribes and describes the process for transferring and distributing these funds, including emergency distributions.
206. Administration of funds Read Opens in new tab
Summary AI
The section allows Indian Tribes to manage and use funds more flexibly under an approved Plan, without needing extra federal approvals or separate record-keeping. It ensures they can carry over unused funds, recover indirect costs, meet matching fund requirements as non-Federal contributions, and keep any interest earned, all without additional paperwork.
207. No reduction in amounts Read Opens in new tab
Summary AI
The section ensures that the amount of Federal funds available to an Indian Tribe won't be reduced by the enactment of the Act or by the approval or implementation of a Tribe's Plan. Additionally, integrating a Federal program into a Plan won't change the program's eligibility for certain contracts or affect any applicable legal provisions.
208. Interdepartmental memorandum of agreement Read Opens in new tab
Summary AI
In Section 208 of the bill, it is outlined that the Office of the Assistant Secretary for Indian Affairs must lead the creation of a memorandum of agreement among various federal departments to implement the Act within 180 days and that this process must include consultation with Indian Tribes. The memorandum should focus on interagency cooperation, creating a tribal advisory group, and ensuring annual meetings, without adding new eligibility criteria or altering the authority of the Department and Secretary concerning decision-making. Additionally, it allows federal employees to be temporarily assigned to the Department to assist with the Act, maintaining their civil service status.
209. Report required Read Opens in new tab
Summary AI
The Secretary, working with affected agencies and Indian Tribes, must submit a report to the relevant Senate and House committees on the progress of implementing this Act within two years of the Act's enactment.