HR3654-119

What This Bill Does

The Tribal Emergency Response Resources Act creates a self-determination framework for Tribes whose reservations, Tribal lands, or ways of life are threatened by flooding, erosion, sea level rise, permafrost degradation, ocean acidification, drought, extreme temperatures, tsunamis, storm surges, wildfires, hurricanes, tornadoes, and other environmental impacts or natural disasters. Interior is the lead agency, and the Interior Secretary has sole decisionmaking authority for federal actions under the Act, including whether federal programs can be integrated into a Tribal Plan. Once a Plan is approved, a Tribe may integrate eligible federal program funds, carry out core services, reallocate, reprogram, consolidate, or rebudget funds across services, and use funds for community-driven relocation. Eligible programs include funding for climate resilience, mitigation, relocation, disaster relief and preparedness, environmental remediation, housing, infrastructure, economic development, land management including fee-to-trust, capacity building, real estate, natural resources, energy, utilities, public health, and public welfare. Plans must identify programs, threats, relocation strategy if applicable, geospatial information if available, funding coordination, land-into-trust needs, projected expenditures, NEPA and historic-preservation reviews, waiver needs, and governing-body approval. Traditional Ecological Knowledge submitted in a Plan is confidential and exempt from FOIA, FACA, OPEN Government Data Act, NEPA, and similar disclosure rules. Interior and affected agencies must provide technical assistance. Affected agency heads must grant requested waivers unless inconsistent with the Act or program purpose, including waivers for matching requirements, competition procedures, formula limitations, repayment obligations, partnership requirements, deadlines, and barriers to overlapping federal funds or Tribal set-asides. The Secretary reviews Plans with a presumption of approval. Approved Tribes submit one annual report instead of separate reporting, recordkeeping, auditing, or similar requirements. Interior must coordinate permitting and review agencies, create coordinated project schedules, and streamline NEPA and other authorizations. Interior must take land into trust for Plan implementation when statutory conditions are met, including imminent environmental risk or relocation needs. Interior leads funding frameworks, receives Plan funds from affected agencies, distributes them to Tribes within 45 days, and Tribes may administer, reallocate, and carry over funds without extra federal approval. No Tribe's funds or eligibility may be reduced because it proposes or implements a Plan. Federal partners must enter an interdepartmental memorandum of agreement within 180 days, and Interior must report to Congress within two years.

Who Benefits and How

Indian Tribes facing climate and disaster threats benefit from authority to combine federal programs into one Tribally approved resilience or relocation Plan. Tribal communities considering relocation benefit because community-driven relocation can receive consolidated funding and streamlined reviews. Tribal housing and infrastructure projects benefit from reprogramming, rebudgeting, waiver, and fee-to-trust tools. Tribal governments benefit from single annual reporting, reduced administrative burden, technical assistance, and no funding reduction for participating. Traditional Ecological Knowledge holders benefit from confidentiality protections across FOIA, FACA, open-data, NEPA, and similar disclosure rules.

Who Bears the Burden and How

Interior Department staff must lead Plan review, technical assistance, funding frameworks, 45-day fund distribution, fee-to-trust decisions, and reporting. Affected federal agencies must waive requirements where required and transfer funds to Interior for approved Plans. Participating agencies must coordinate permitting, NEPA, historic-preservation review, and project schedules. Federal partner agencies must negotiate an interdepartmental implementation agreement within 180 days. Congressional committees must review the two-year implementation report and decide whether the framework is working.

Key Provisions

• Authorizes Indian Tribes to integrate eligible federal programs into Interior-approved environmental resilience Plans.
• Allows Plans to fund climate resilience, disaster recovery, housing, infrastructure, public health, natural resources, and community-driven relocation.
• Requires confidentiality for Traditional Ecological Knowledge submitted in Plans.
• Requires affected agencies to waive matching, competition, formula, repayment, partnership, deadline, and overlapping-funding barriers unless statutory limits apply.
• Creates single annual reporting, streamlined permitting, coordinated project schedules, and expedited fee-to-trust authority.
• Requires Interior to distribute transferred Plan funds to Tribes within 45 days and bars funding reductions for participation.
• Requires an interdepartmental memorandum within 180 days and an implementation report to Congress within two years.