Native American Millennium Challenge Demonstration Act

I 117TH CONGRESS 1ST SESSION H. R. 439 To direct the Secretary of the Interior to establish a demonstration program to adapt the successful practices of providing foreign aid to under- developed economies to the provision of Federal economic development assistance to Native communities in similarly situated remote areas in the United States, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 21, 2021 Mr. YOUNG (for himself, Mr. CASE, and Mr. KAHELE) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to establish a dem- onstration program to adapt the successful practices of providing foreign aid to underdeveloped economies to the provision of Federal economic development assistance to Native communities in similarly situated remote areas in the United States, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Native American Mil- 4 lennium Challenge Demonstration Act’’. 5 VerDate Sep 11 2014 17:31 Feb 12, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H439.IH H439 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 439 IH SEC. 2. PURPOSES. 1 The purposes of this Act are— 2 (1) to adapt the lessons of foreign aid to under- 3 developed economies, such as the experience of the 4 Millennium Challenge Corporation, to the provision 5 of Federal economic development assistance to simi- 6 larly situated remote Native American communities; 7 (2) to provide Federal economic development 8 assistance for Native American communities through 9 the Native American Challenge Demonstration 10 Project; 11 (3) to administer Federal economic development 12 assistance in a manner that— 13 (A) promotes economic growth and the 14 elimination of poverty; 15 (B) strengthens good governance, entrepre- 16 neurship, and investment in Native American 17 communities; and 18 (C) builds the capacity of Native people to 19 grow sustainable local economies; 20 (4) to improve the effectiveness of Federal eco- 21 nomic development assistance by encouraging the in- 22 tegration and coordination of the assistance in re- 23 mote Native American communities; 24 (5) to promote sustainable economic growth and 25 poverty reduction policies in remote Native American 26 VerDate Sep 11 2014 17:31 Feb 12, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H439.IH H439 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 439 IH communities in a manner that promotes self-deter- 1 mination and self-sufficiency among remote Native 2 American communities while preserving the cultural 3 values of those communities; and 4 (6) to establish a demonstration project within 5 remote areas of noncontiguous States that experi- 6 ence high levels of poverty and lack access to tradi- 7 tional transportation infrastructure (highways, rail- 8 ways, and ports), which, if successful, could poten- 9 tially benefit other Native American communities in 10 the United States. 11 SEC. 3. DEFINITIONS. 12 In this Act: 13 (1) COMPACT.—The term ‘‘compact’’ means a 14 binding agreement with the United States entered 15 into pursuant to this Act. 16 (2) ECONOMIC DEVELOPMENT STRATEGY.—The 17 term ‘‘economic development strategy’’ means a 18 strategy— 19 (A) written by an eligible entity and de- 20 signed to achieve sustainable economic growth 21 and reduce poverty over a defined period; and 22 (B) developed in consultation with public 23 and private sector entities, as appropriate to 24 VerDate Sep 11 2014 17:31 Feb 12, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H439.IH H439 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 439 IH the geographic area and intended beneficiaries 1 of the compact. 2 (3) ELIGIBLE ENTITY.— 3 (A) IN GENERAL.—The term ‘‘eligible enti- 4 ty’’ means a consortium of Native organizations 5 in a noncontiguous State, with priority given to 6 organizations serving regions with the highest 7 poverty levels. 8 (B) ALASKA.—In the State of Alaska, a 9 consortium shall be comprised of not more than 10 2 regional Alaska Native nonprofit organiza- 11 tions, to be determined by the Secretary, in 12 consultation with statewide Alaska Native orga- 13 nizations. 14 (C) HAWAII.—In the State of Hawaii, a 15 consortium shall be comprised of local Native 16 Hawaiian nonprofit organizations that serve the 17 interests of Native Hawaiians and in which Na- 18 tive Hawaiians serve in leadership and sub- 19 stantive policymaking positions. 20 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 21 has the meaning given the term in section 4 of the 22 Indian Self-Determination and Education Assistance 23 Act (25 U.S.C. 5304). 24 VerDate Sep 11 2014 17:31 Feb 12, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H439.IH H439 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 439 IH (5) SECRETARY.—The term ‘‘Secretary’’ means 1 the Secretary of the Interior. 2 SEC. 4. MILLENNIUM CHALLENGE DEMONSTRATION 3 PROJECT. 4 (a) ESTABLISHMENT.—The Secretary shall establish 5 and implement in the Department of the Interior a dem- 6 onstration project, to be known as the ‘‘Native American 7 Millennium Challenge Demonstration Project’’ (referred 8 to in this section as the ‘‘demonstration project’’). 9 (b) AUTHORIZATION OF ASSISTANCE.—In carrying 10 out the demonstration project, the Secretary may provide 11 assistance to any eligible entity that enters into a compact 12 with the United States pursuant to this Act. 13 (c) FORM OF ASSISTANCE.—Assistance under the 14 demonstration project— 15 (1) shall be provided in the form of funding 16 agreements established under the applicable com- 17 pact; 18 (2) may not be provided in the form of loans; 19 and 20 (3) may not be used for gaming activities con- 21 ducted under the Indian Gaming Regulatory Act (25 22 U.S.C. 2701 et seq.). 23 (d) COORDINATION.— 24 VerDate Sep 11 2014 17:31 Feb 12, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H439.IH H439 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 439 IH (1) IN GENERAL.—The Secretary shall coordi- 1 nate the provision of assistance under the dem- 2 onstration project, to the maximum extent prac- 3 ticable, with the Federal agencies listed in para- 4 graph (2) that administer economic development as- 5 sistance programs for Native Americans and in con- 6 sultation with the Millennium Challenge Corpora- 7 tion. The Department of the Interior shall be the 8 lead Federal agency responsible for the coordination 9 and consultation under this paragraph. 10 (2) AGENCIES.—The Federal agencies referred 11 to in paragraph (1) are— 12 (A) the Department of Agriculture; 13 (B) the Department of Commerce; 14 (C) the Department of Energy; 15 (D) the Department of Health and Human 16 Services; 17 (E) the Department of Housing and Urban 18 Development; and 19 (F) the Small Business Administration. 20 (3) INTEGRATED FUNDING.—Notwithstanding 21 any other provision of law, the Secretary’s execution 22 of a compact with an eligible entity shall authorize 23 the eligible entity to be the designated applicant for, 24 or recipient of, funds appropriated pursuant to sec- 25 VerDate Sep 11 2014 17:31 Feb 12, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H439.IH H439 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 439 IH tion 7 and economic development assistance program 1 funding that would otherwise be provided to an In- 2 dian Tribe located in the region or regions served by 3 the eligible entity. The eligible entity shall integrate 4 funds appropriated pursuant to section 7 and any 5 such program funding and the operation of the pro- 6 grams’ services into a single, coordinated program 7 under a demonstration project. 8 (4) COMPETITIVE FUNDING.—An eligible entity 9 may only be considered a designated applicant for 10 funding from a competitive program that would oth- 11 erwise be provided to an Indian Tribe located in the 12 region or regions served by the eligible entity if— 13 (A) an Indian Tribe located in the region 14 or regions served by the eligible entity des- 15 ignates the eligible entity in a resolution passed 16 by its governing body as authorized to apply for 17 the funding in lieu of the Indian Tribe and 18 forgoes applying for the funding; 19 (B) the Indian Tribe has submitted the 20 resolution to the Secretary and any Secretary 21 who administers the program; and 22 (C) the applicable Secretaries have cer- 23 tified in writing to the eligible entity that they 24 are in receipt of the resolution. 25 VerDate Sep 11 2014 17:31 Feb 12, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H439.IH H439 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 439 IH (5) OTHER FUNDING.—An eligible entity may 1 only be considered a designated recipient of funding 2 from a formula based program or noncompetitive 3 program that is otherwise provided to a particular 4 Indian Tribe located in the region or regions served 5 by the eligible entity if— 6 (A) the Indian Tribe designates the eligible 7 entity in a resolution passed by its governing 8 body as authorized to receive the funding in lieu 9 of the Indian Tribe and forgoes receipt of the 10 funding; 11 (B) the Indian Tribe has submitted the 12 resolution to the Secretary and any Secretary 13 that administers the program; and 14 (C) the applicable Secretaries have cer- 15 tified in writing to the eligible entity that they 16 are in receipt of the resolution. 17 (6) AUTHORITY TO RESCIND.—An Indian Tribe 18 that has submitted a designating resolution under 19 this subsection may, at any time, submit to the ap- 20 plicable Secretaries a resolution passed by its gov- 21 erning body that rescinds the designating resolution. 22 (e) WAIVER AUTHORITY.— 23 (1) IN GENERAL.—On receipt of an executed 24 compact, the Secretary shall consult with the eligible 25 VerDate Sep 11 2014 17:31 Feb 12, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H439.IH H439 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 439 IH entity that is a party to the compact and coordinate 1 with the Secretary of each Federal agency that pro- 2 vides funds to be used to implement the compact to 3 identify any waiver of statutory requirements or ap- 4 plicable regulations, policies, or procedures necessary 5 to enable the eligible entity to implement the com- 6 pact. 7 (2) AGENCIES.—The head of the Federal agen- 8 cy to which the Federal funds were appropriated 9 may waive (in whole or in part) the application, sole- 10 ly to such funds that are being used to implement 11 the compact, of any statutory, regulatory, or admin- 12 istrative requirement that such agency head— 13 (A) is otherwise authorized to waive (in ac- 14 cordance with the terms and conditions of such 15 other authority); and 16 (B) is not otherwise authorized to waive, 17 provided that in such case the agency head 18 shall— 19 (i) not waive any requirement related 20 to nondiscrimination, wage and labor 21 standards, or allocation of funds to State 22 and sub-State levels; 23 (ii) issue a written determination, 24 prior to granting the waiver, with respect 25 VerDate Sep 11 2014 17:31 Feb 12, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H439.IH H439 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 439 IH to such discretionary funds that the grant- 1 ing of such waiver for purposes of the com- 2 pact— 3 (I) is consistent with both— 4 (aa) the statutory purposes 5 of the Federal program for which 6 such funds were appropriated; 7 and 8 (bb) the other provisions of 9 this section; 10 (II) is necessary to achieve the 11 outcomes of the compact, and is no 12 broader in scope than is necessary to 13 achieve such outcomes; and 14 (III) will result in either— 15 (aa) realizing efficiencies by 16 simplifying reporting burdens or 17 reducing administrative barriers 18 with respect to such funds; or 19 (bb) increasing the ability of 20 individuals to obtain access to 21 services that are provided by 22 such funds; and 23 (iii) provide at least 60 days advance 24 written notice to the Committee on Nat- 25 VerDate Sep 11 2014 17:31 Feb 12, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H439.IH H439 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 439 IH ural Resources of the House of Represent- 1 atives and the Committee on Indian Af- 2 fairs of the Senate. 3 SEC. 5. CHALLENGE COMPACTS. 4 (a) COMPACTS.— 5 (1) IN GENERAL.—The Secretary shall develop 6 and recommend procedures for consideration of pro- 7 posals for compacts submitted by eligible entities. 8 (2) ASSISTANCE.—The Secretary may provide 9 assistance to an eligible entity only if the eligible en- 10 tity enters into a compact with the United States, to 11 be known as a Native American Challenge Compact, 12 that establishes a multiyear plan for achieving devel- 13 opment objectives in furtherance of the purposes of 14 this Act. 15 (b) APPLICATIONS.—The Secretary shall develop and 16 recommend procedures for considering applications for 17 compacts submitted by eligible entities. 18 (c) CRITERIA FOR SELECTION OF ELIGIBLE ENTI- 19 TIES.—The Secretary shall develop an application process 20 and criteria for selecting eligible entities to enter into com- 21 pacts under this Act, taking into consideration— 22 (1) the purposes of this Act; 23 (2) the economic development strategy of the el- 24 igible entity; 25 VerDate Sep 11 2014 17:31 Feb 12, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H439.IH H439 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 439 IH (3) the remoteness of the communities to be 1 served by the eligible entity; 2 (4) the general economic status of the commu- 3 nities to be served by the eligible entity; and 4 (5) poverty rates within the communities to be 5 served by the eligible entity. 6 (d) ASSISTANCE FOR DEVELOPMENT OF COM- 7 PACTS.—To the extent that funds are appropriated in ad- 8 vance to carry out this section, the Secretary may enter 9 into contracts with, or make grants to, any eligible entity 10 for the purposes of facilitating the development and imple- 11 mentation of a compact between the United States and 12 the eligible entity. 13 (e) DURATION AND EXTENSION.— 14 (1) DURATION.—The term of an initial compact 15 under this section shall be for 5 years. 16 (2) SUBSEQUENT COMPACTS.—An eligible enti- 17 ty and the United States may enter into one or more 18 subsequent compacts in accordance with this Act. 19 (3) EXTENSIONS.—If a compact is approaching 20 expiration or has expired, the eligible entity that is 21 a party to the compact and the United States may 22 renegotiate or extend the compact for [Text truncated for display. 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