Tribal Emergency Response Resources Act
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.
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—
reducing administrative, reporting, and accounting costs; and
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:
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.
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.
Coordinated project schedule— The term coordinated project schedule means the coordinated project schedule required under section 202(c)(1).
Department— The term Department means the Department of the Interior.
Federal agency— The term Federal agency has the meaning given the term agency in section 551 of title 5, United States Code.
Federal partner— The term Federal partner means each of—
the Department;
the Department of Agriculture;
the Department of Commerce;
the Department of Defense;
the Department of Energy;
the Department of Health and Human Services;
the Department of Homeland Security;
the Department of Housing and Urban Development;
the Department of Justice;
the Department of Transportation;
the Department of the Treasury;
the Environmental Protection Agency;
the Federal Communications Commission;
the Federal Energy Regulatory Commission;
the Advisory Council on Historic Preservation; and
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.
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.
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).
NEPA— The term NEPA means the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
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—
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;
is designated by the Secretary as a participating agency for that Plan; and
participates in the streamlined permitting and review procedures for implementing that Plan, in accordance with section 202.
Plan— The term Plan means a Plan authorized under this Act.
Secretary— The term Secretary means the Secretary of the Interior.
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—
the lead Federal agency responsible for implementation of this Act is the Department; and
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.