Sec. 7. Tribal project implementation pilot program

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In this section, the term eligible project includes siting, design, engineering, and construction work for— a project of the Secretary authorized for construction; a project carried out under a continuing authority program (as defined in section 7001(c)(1)(D)(iii) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282d(c)(1)(D)(iii) )); a project or activity eligible to be carried out under the Tribal partnership program under section 203 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2269 ); and a project carried out under section 219 of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 136 Stat. 3808).

Not later than 120 days after the date of enactment of this Act, the Secretary shall establish and implement a pilot program under which Indian Tribes may directly carry out eligible projects. In carrying out the pilot program under this section, the Secretary shall— identify not less than 5 eligible projects, including, in each of fiscal years 2025 and 2026— not less than 1 eligible project in the South Pacific Division of the Corps of Engineers; and not less than 1 eligible project in the Pacific Ocean Division of the Corps of Engineers; notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the identification of each eligible project under the pilot program under this section; in collaboration with the Indian Tribe, develop a detailed project management plan for each identified eligible project that outlines the scope, budget, design, and construction resource requirements necessary for the Indian Tribe to execute the project or a separable element of the eligible project; on the request of the Indian Tribe and in accordance with subsection (e)(3), enter into a project partnership agreement with the Indian Tribe for the Indian Tribe to provide full project management control for construction of the eligible project, or a separable element of the eligible project, in accordance with plans approved by the Secretary; following execution of the project partnership agreement, transfer to the Indian Tribe to carry out construction of the eligible project, or a separable element of the eligible project— if applicable, the balance of the unobligated amounts appropriated for the eligible project, except that the Secretary shall retain sufficient amounts for the Corps of Engineers to carry out any responsibilities of the Corps of Engineers relating to the eligible project and the pilot program under this section; and additional amounts, as determined by the Secretary, from amounts made available to carry out this section, except that the total amount transferred to the Indian Tribe shall not exceed the updated estimate of the Federal share of the cost of construction, including any required design; and regularly monitor and audit each eligible project being constructed by an Indian Tribe under this section to ensure that the construction activities are carried out in compliance with the plans approved by the Secretary and that the construction costs are reasonable.

Not later than 180 days after entering into an agreement under paragraph (1)(D), each Indian Tribe, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule, based on estimated funding levels, that lists all deadlines for each milestone in the construction of the eligible project. On the request of an Indian Tribe, the Secretary may provide technical assistance to the Indian Tribe relating to— any study, engineering activity, design, or construction activity carried out by the Indian Tribe under this section; and expeditiously obtaining any permits necessary for the eligible project.

Nothing in this section affects the cost-sharing requirement applicable on the day before the date of enactment of this Act to an eligible project carried out under this section. Not later than 90 days after the date of enactment of this Act, the Secretary shall issue guidance for the implementation of the pilot program under this section that, to the extent practicable, identifies— the metrics for measuring the success of the pilot program; and the laws and regulations that an Indian Tribe must follow in carrying out an eligible project under the pilot program.

The Secretary shall monitor the progress of each Indian Tribe participating in the pilot program under this section to ensure that, in siting, designing, engineering, or constructing an eligible project, the Indian Tribe— is complying with all applicable laws and regulations, including any requirements that would apply if the Secretary was carrying out the project; and is meeting the standards of the Corps of Engineers for design and quality. The Secretary may not enter into a project partnership agreement under this section until the date on which the Secretary issues guidance under paragraph (1).

Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report detailing the results of the pilot program under this section, including— a description of the progress of Indian Tribes in meeting milestones in detailed project schedules developed pursuant to subsection (c)(2); and any recommendations of the Secretary concerning whether the pilot program or any component of the pilot program should be implemented on a national basis.

Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an update to the report under paragraph (1). If the Secretary fails to submit a report by the required deadline under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a detailed explanation of why the deadline was missed and a projected date for submission of the report.

All laws and regulations that would apply to the Secretary if the Secretary were carrying out the eligible project shall apply to an Indian Tribe carrying out an eligible project under this section. The authority to commence an eligible project under this section terminates on the date that is 5 years after the date of enactment of this Act. In addition to any amounts appropriated for a specific eligible project, there is authorized to be appropriated to the Secretary to carry out this section, including the costs of administration of the Secretary, $15,000,000 for each of fiscal years 2025 through 2029.

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