,,ii #aafth ,,congress #ast ,session ,s4 #abf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ae1 #bjai,ms4 ,murkowski 7for herself and ,mr4 ,schatz7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to direct the ,secretary of the ,interior to establish a demonstration 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 ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,native ,american ,millennium ,challenge ,demonstration ,act4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to adapt the lessons of foreign aid to underdeveloped economies1 such as the experience of the ,millennium ,challenge ,corporation1 to the provision of ,federal economic development assistance to similarly situated remote ,native ,american communities2 7#b7 to provide ,federal economic development assistance for ,native ,american communities through the ,native ,american ,challenge ,demonstration ,project2 7#c7 to administer ,federal economic development assistance in a manner that-- 7,a7 promotes economic growth and the elimination of poverty2 7,b7 strengthens good governance1 entrepreneurship1 and investment in ,native ,american communities2 and 7,c7 builds the capacity of ,native people to grow sustainable local economies2 7#d7 to improve the effectiveness of ,federal economic development assistance by encouraging the integration and coordination of the assistance in remote ,native ,american communities2 7#e7 to promote sustainable economic growth and poverty reduction policies in remote ,native ,american communities in a manner that promotes self-determination and self-sufficiency among remote ,native ,american communities while preserving the cultural values of those communities2 and 7#f7 to establish a demonstration project within remote areas of noncontiguous ,states that experience high levels of poverty and lack access to traditional transportation infrastructure 7highways1 railways1 and ports71 which1 if successful1 could potentially benefit other ,native ,american communities in the ,united ,states4 #c4 ,definitions ,in this ,act3 7#a7 ,compact ,the term compact means a binding agreement with the ,united ,states entered into pursuant to this ,act4 7#b7 ,economic development strategy ,the term economic development strategy means a strategy-- 7,a7 written by an eligible entity and designed to achieve sustainable economic growth and reduce poverty over a defined period2 and 7,b7 developed in consultation with public and private sector entities1 as appropriate to the geographic area and intended beneficiaries of the compact4 7#c7 ,eligible entity 7,a7 ,in general ,the term eligible entity means a consortium of ,native organizations in a noncontiguous ,state1 with priority given to organizations serving regions with the highest poverty levels4 7,b7 ,alaska ,in the ,state of ,alaska1 a consortium shall be comprised of not more than #b regional ,alaska ,native nonprofit organizations1 to be determined by the ,secretary1 in consultation with statewide ,alaska ,native organizations4 7,c7 ,hawaii ,in the ,state of ,hawaii1 a consortium shall be comprised of local ,native ,hawaiian nonprofit organizations that serve the interests of ,native ,hawaiians and in which ,native ,hawaiians serve in leadership and substantive policymaking positions4 7#d7 ,indian tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #d4 ,millennium challenge demonstration project 7a7 ,establishment ,the ,secretary shall establish and implement in the ,department of the ,interior a demonstration project1 to be known as the ,native ,american ,millennium ,challenge ,demonstration ,project 7referred to in this section as the demonstration project74 7b7 ,authorization of assistance ,in carrying out the demonstration project1 the ,secretary may provide assistance to any eligible entity that enters into a compact with the ,united ,states pursuant to this ,act4 7c7 ,form of assistance ,assistance under the demonstration project-- 7#a7 shall be provided in the form of funding agreements established under the applicable compact2 7#b7 may not be provided in the form of loans2 and 7#c7 may not be used for gaming activities conducted under the ,indian ,gaming ,regulatory ,act 7#be ,u4,s4,c4 #bgja et seq474 7d7 ,coordination 7#a7 ,in general ,the ,secretary shall coordinate the provision of assistance under the demonstration project1 to the maximum extent practicable1 with the ,federal agencies listed in paragraph 7#b7 that administer economic development assistance programs for ,native ,americans and in consultation with the ,millennium ,challenge ,corporation4 ,the ,department of the ,interior shall be the lead ,federal agency responsible for the coordination and consultation under this paragraph4 7#b7 ,agencies ,the ,federal agencies referred to in paragraph 7#a7 are-- 7,a7 the ,department of ,agriculture2 7,b7 the ,department of ,commerce2 7,c7 the ,department of ,energy2 7,d7 the ,department of ,health and ,human ,services2 7,e7 the ,department of ,housing and ,urban ,development2 and 7,f7 the ,small ,business ,administration4 7#c7 ,integrated funding ,notwithstanding any other provision of law1 the ,secretary's execution of a compact with an eligible entity shall authorize the eligible entity to be the designated applicant for1 or recipient of1 funds appropriated pursuant to section #g and economic development assistance program funding that would otherwise be provided to an ,indian ,tribe located in the region or regions served by the eligible entity4 ,the eligible entity shall integrate funds appropriated pursuant to section #g and any such program funding and the operation of the programs' services into a single1 coordinated program under a demonstration project4 7#d7 ,competitive funding ,an eligible entity may only be considered a designated applicant for funding from a competitive program that would otherwise be provided to an ,indian ,tribe located in the region or regions served by the eligible entity if-- 7,a7 an ,indian ,tribe located in the region or regions served by the eligible entity designates the eligible entity in a resolution passed by its governing body as authorized to apply for the funding in lieu of the ,indian ,tribe and forgoes applying for the funding2 7,b7 the ,indian ,tribe has submitted the resolution to the ,secretary and any ,secretary who administers the program2 and 7,c7 the applicable ,secretaries have certified in writing to the eligible entity that they are in receipt of the resolution4 7#e7 ,other funding ,an eligible entity may only be considered a designated recipient of funding from a formula based program or noncompetitive program that is otherwise provided to a particular ,indian ,tribe located in the region or regions served by the eligible entity if-- 7,a7 the ,indian ,tribe designates the eligible entity in a resolution passed by its governing body as authorized to receive the funding in lieu of the ,indian ,tribe and forgoes receipt of the funding2 7,b7 the ,indian ,tribe has submitted the resolution to the ,secretary and any ,secretary that administers the program2 and 7,c7 the applicable ,secretaries have certified in writing to the eligible entity that they are in receipt of the resolution4 7#f7 ,authority to rescind ,an ,indian ,tribe that has submitted a designating resolution under this subsection may1 at any time1 submit to the applicable ,secretaries a resolution passed by its governing body that rescinds the designating resolution4 7e7 ,waiver authority 7#a7 ,in general ,on receipt of an executed compact1 the ,secretary shall consult with the eligible entity that is a party to the compact and coordinate with the ,secretary of each ,federal agency that provides funds to be used to implement the compact to identify any waiver of statutory requirements or applicable regulations1 policies1 or procedures necessary to enable the eligible entity to implement the compact4 7#b7 ,agencies ,the head of the ,federal agency to which the ,federal funds were appropriated may waive 7in whole or in part7 the application1 solely to such funds that are being used to implement the compact1 of any statutory1 regulatory1 or administrative requirement that such agency head-- 7,a7 is otherwise authorized to waive 7in accordance with the terms and conditions of such other authority72 and 7,b7 is not otherwise authorized to waive1 provided that in such case the agency head shall-- 7i7 not waive any requirement related to nondiscrimination1 wage and labor standards1 or allocation of funds to ,state and sub-,state levels2 7ii7 issue a written determination1 prior to granting the waiver1 with respect to such discretionary funds that the granting of such waiver for purposes of the compact-- 7,i7 is consistent with both-- 7aa7 the statutory purposes of the ,federal program for which such funds were appropriated2 and 7bb7 the other provisions of this section2 7,,ii7 is necessary to achieve the outcomes of the compact1 and is no broader in scope than is necessary to achieve such outcomes2 and 7,,iii7 will result in either-- 7aa7 realizing efficiencies by simplifying reporting burdens or reducing administrative barriers with respect to such funds2 or 7bb7 increasing the ability of individuals to obtain access to services that are provided by such funds2 and 7iii7 provide at least #fj days advance written notice to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,indian ,affairs of the ,senate4 #e4 ,challenge compacts 7a7 ,compacts 7#a7 ,in general ,the ,secretary shall develop and recommend procedures for consideration of proposals for compacts submitted by eligible entities4 7#b7 ,assistance ,the ,secretary may provide assistance to an eligible entity only if the eligible entity enters into a compact with the ,united ,states1 to be known as a ,native ,american ,challenge ,compact1 that establishes a multiyear plan for achieving development objectives in furtherance of the purposes of this ,act4 7b7 ,applications ,the ,secretary shall develop and recommend procedures for considering applications for compacts submitted by eligible entities4 7c7 ,criteria for selection of eligible entities ,the ,secretary shall develop an application process and criteria for selecting eligible entities to enter into compacts under this ,act1 taking into consideration-- 7#a7 the purposes of this ,act2 7#b7 the economic development strategy of the eligible entity2 7#c7 the remoteness of the communities to be served by the eligible entity2 7#d7 the general economic status of the communities to be served by the eligible entity2 and 7#e7 poverty rates within the communities to be served by the eligible entity4 7d7 ,assistance for development of compacts ,to the extent that funds are appropriated in advance to carry out this section1 the ,secretary may enter into contracts with1 or make grants to1 any eligible entity for the purposes of facilitating the development and implementation of a compact between the ,united ,states and the eligible entity4 7e7 ,duration and extension 7#a7 ,duration ,the term of an initial compact under this section shall be for #e years4 7#b7 ,subsequent compacts ,an eligible entity and the ,united ,states may enter into #a or more subsequent compacts in accordance with this ,act4 7#c7 ,extensions ,if a compact is approaching expiration or has expired1 the eligible entity that is a party to the compact and the ,united ,states may renegotiate or extend the compact for such number of terms as the parties may agree1 with each term not to exceed #aj years4 7f7 ,elements ,in furtherance of the economic development strategy of the applicable eligible entity1 each compact shall contain-- 7#a7 a description of the specific objectives for the sustainable economic development and reduction of poverty that the eligible entity and the ,united ,states expect to achieve during the term of the compact2 7#b7 a description of the respective roles and responsibilities of the eligible entity and the ,united ,states in the achievement of those objectives2 7#c7 a list and description of regular benchmarks to measure progress toward achieving those objectives2 7#d7 an identification of the intended beneficiaries1 disaggregated by income level1 gender1 and age1 to the maximum extent practicable2 and 7#e7 a multiyear financial plan to guide the implementation of the compact1 including the estimated level of funding and other contributions by the ,united ,states and the eligible entity1 proposed mechanisms to execute the plan1 and periodic assessments to determine whether the requirements of paragraphs 7#a7 through 7#d7 are being met4 7g7 ,suspension and termination of assistance 7#a7 ,in general ,the ,secretary may suspend or terminate assistance1 in whole or in part1 for an eligible entity that has entered into a compact with the ,united ,states if the ,secretary determines that the eligible entity-- 7,a7 failed to meet the responsibilities of the eligible entity under the compact2 or 7,b7 engaged in a pattern of actions that is inconsistent with the purposes of this ,act4 7#b7 ,reinstatement ,the ,secretary may reinstate assistance for an eligible entity only if the ,secretary determines that the eligible entity has demonstrated a commitment to correcting each condition for which assistance was suspended or terminated under paragraph 7#a74 #f4 ,program assessments and reports 7a7 ,reports of eligible entities ,not later than ,march #ae each year1 each eligible entity shall prepare and submit to the ,secretary a written report describing the assistance provided to the eligible entity under this ,act during the preceding fiscal year4 7b7 ,report contents ,a report required under subsection 7a7 shall include-- 7#a7 a description of the amount of obligations and expenditures for assistance provided during the preceding fiscal year2 7#b7 a description of the programs and activities conducted by the eligible entity in furtherance of the economic development strategy of the eligible entity and the purposes of this ,act2 7#c7 an assessment of the effectiveness of the assistance provided and progress made by the eligible entity toward achieving the economic development strategy of the eligible entity and the purposes of this ,act2 and 7#d7 such other information as the eligible entity considers to be relevant1 taking into consideration the purposes of this ,act4 7c7 ,submission to ,congress ,not later than ,may #ae each year1 the ,secretary shall submit the reports required under subsection 7a71 with such other information as the ,secretary considers to be relevant1 to-- 7#a7 the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7#b7 the ,committee on ,indian ,affairs of the ,senate4 #g4 ,authorization of appropriations 7a7 ,authorization 7#a7 ,in general ,there is authorized to be appropriated to carry out this ,act #h1jjj1jjj for each of fiscal years #bjbj through #bjbe1 to remain available until expended4 7#b7 ,unappropriated amounts ,any funds authorized but not appropriated for any fiscal year under paragraph 7#a7 may be appropriated for a subsequent fiscal year1 subject to the condition that the cumulative amount authorized to be appropriated for any of fiscal years #bjbj through #bjbe shall not exceed #dj1jjj1jjj4 7b7 ,administrative funds ,of the funds made available to carry out this ,act1 not more than #e percent may be used by the ,secretary for the administrative expenses of carrying out this ,act and oversight of programs under this ,act4