Sec. 12212. Tribal Advisory Committee; Tribal self-determination pilot projects

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Section 309 of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6921 ) is amended— in subsection (a), by striking The Secretary shall and inserting The Secretary of Agriculture (referred to in this section as the ; and Secretary ) shall in subsection (b)— in paragraph (1)— by redesignating subparagraphs

(A)through

(C)as subparagraphs

(C)through (E), respectively; and by inserting before subparagraph

(C)(as so redesignated) the following: The term activity of the Department means a program, function, service, or activity of the Department. The term Department means the Department of Agriculture. ; in paragraph (2)(B), by striking of Agriculture (referred to in this subsection as the ; Department ) by redesignating paragraphs

(5)through

(7)as paragraphs

(6)through (8), respectively; by inserting after paragraph

(4)the following: In carrying out the duties of the Committee under paragraph (4), the Committee shall— request input from Indian tribes and Tribal organizations on the activities of the Department that the Indian tribes and Tribal organizations may be interested in assuming and administering through a self-determination agreement pilot project; consult with Indian tribes and Tribal organizations that provide input under clause

(i)with respect to the input; and make publicly available and submit in accordance with subparagraph

(B)a description of not more than 3 recommended pilot projects to further opportunities for Tribal assumption and administration of activities of the Department, including— an explanation of the reasoning for identifying those activities of the Department for each recommended pilot project; a description of the structure and scope of each recommended pilot project, including the specific 1 or more activities of the Department to be assumed and administered by the Indian tribe or Tribal organization through a self-determination agreement; and with respect to input provided under clause (i), a description of— the number of instances of input provided; the types of assistance or support requested through consultation under clause

(ii)for purposes of assuming and administering the applicable activities of the Department; the means by which Indian tribes propose to assume and administer the applicable activities of the Department; and the regions from which the input was received. The Committee shall make publicly available and submit to the Secretary and the relevant committees of Congress a description of recommended pilot projects under subparagraph (A)(iii) not later than 1 year after the date of enactment of the Rural Prosperity and Food Security Act of 2024 and every 3 years thereafter. Not later than 180 days after each submission of recommended pilot projects under subparagraph (A)(iii), the Secretary shall prepare a response that explains, in detail, whether and how the Department could, to the maximum extent practicable, to establish and implement those recommended pilot projects. In preparing each response under clause (i), the Secretary shall— build on prior and related studies and pilot programs, including— the food distribution program on Indian reservations established under section 4(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(b) ); the good neighbor authority established by section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ); demonstration projects under section 8703 of the Agriculture Improvement Act of 2018 ( 25 U.S.C. 3115b ); and any pilot projects established under this paragraph; identify operational and legal impediments to the implementation of the recommended pilot projects; identify any administrative actions that may be taken to address any operational and legal impediments identified under subclause (II); identify the fiscal and budgetary impacts of implementing the recommended pilot projects; include a description of necessary administrative, operational, and legislative changes needed to implement the recommended pilot projects; with respect to necessary legislative changes identified under subclause (V), identify the non-Tribal stakeholders that would be affected by potential waivers of or modifications to existing provisions of law; and include any other matters that may be determined by the Secretary and developed through consultation with the Committee. The Secretary shall— make publicly available on the website of the Department each response prepared under clause (i); and submit each response prepared under clause

(i)to— the Office of Tribal Relations; the Committee; and the relevant committees of Congress. ; in paragraph

(6)(as so redesignated)— in the paragraph heading, by striking and inserting Reports ; and Committee reports by adding at the end the following: The Secretary shall make the reports submitted under subparagraph

(A)and the written responses submitted under subparagraph

(B)publicly available on the website of the Department. ; and in paragraph

(8)(as so redesignated), by striking Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) and inserting Section 1013 of title 5, United States Code, . In this subsection: The term commodity supplemental food program means the commodity supplemental food program carried out under section 5 of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c note; Public Law 93–86 ). The term food distribution program means the food distribution program on Indian reservations under section 4(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(b) ). 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 ). The term reservation has the meaning given the term in section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 ). The term self-determination contract means a self-determination contract (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )), as implemented under the demonstration project established under section 4003(b) of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 2013 note; Public Law 115–334 ), subject to such modifications as may be determined by the Secretary. The term tribal organization has the meaning given the term in section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 ). Subject to the availability of appropriations under subparagraph (F), the Secretary shall establish a demonstration project under which tribal organizations may enter into self-determination contracts to administer food distribution programs on the reservations served by the tribal organizations. To be eligible to participate in the demonstration project under this paragraph, a tribal organization shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. The Secretary shall select for participation in the demonstration project under this paragraph tribal organizations that— are successfully administering the food distribution program on the reservation served by the tribal organization, as determined by the Secretary under section 4(b)(2)(B) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(b)(2)(B) ); and meet such other criteria as the Secretary may establish, subject to clause (ii). The Secretary shall consult with Indian Tribes to determine the process and criteria under which tribal organizations may participate in the demonstration project under this paragraph. A food distribution program administered by a tribal organization under the demonstration project under this paragraph shall— have the same eligibility requirements for participation as the food distribution program administered by the Secretary; and meet such other criteria as the Secretary determines to be appropriate. Not later than 1 year after the date on which funds are initially appropriated under subparagraph (F), and annually thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes, with respect to the preceding year— a list of each tribal organization participating in the demonstration project under this paragraph; and a description of the activities carried out by each participating tribal organization pursuant to the demonstration project. There is authorized to be appropriated to the Secretary to carry out this paragraph $5,000,000, to remain available until expended. Only funds made available pursuant to clause

(i)in advance specifically to carry out this paragraph shall be available to carry out this paragraph. Subject to the availability of appropriations under subparagraph (F), the Secretary shall establish a demonstration project under which tribal organizations may enter into self-determination contracts to purchase agricultural commodities under the commodity supplemental food program for the reservations served by the tribal organizations. To be eligible to participate in the demonstration project under this paragraph, a tribal organization shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. The Secretary shall select for participation in the demonstration project under this paragraph tribal organizations that— are successfully administering the commodity supplemental food program on the reservation served by the tribal organization; have the capacity to purchase agricultural commodities in accordance with subparagraph

(D)for the commodity supplemental food program; and meet such other criteria as the Secretary may establish, subject to clause (ii). The Secretary shall consult with Indian Tribes to determine the process and criteria under which tribal organizations may participate in the demonstration project under this paragraph. Each agricultural commodity purchased by a tribal organization pursuant to the demonstration project under this paragraph shall— be domestically produced; supplant, and not supplement, the type of agricultural commodities in existing food packages for the tribal organization; be of similar or higher nutritional value as the type of agricultural commodities in the existing food package for the tribal organization that would be supplanted; be nonperishable food appropriate for distribution in monthly food packages; and meet such other criteria as the Secretary may establish. Not later than 1 year after the date on which funds are initially appropriated under subparagraph (F), and annually thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes, with respect to the preceding year— a list of each tribal organization participating in the demonstration project under this paragraph; and a description of the activities carried out by each participating tribal organization pursuant to the demonstration project. There is authorized to be appropriated to the Secretary to carry out this paragraph $5,000,000, to remain available until expended. Only funds made available pursuant to clause

(i)in advance specifically to carry out this paragraph shall be available to carry out this paragraph. In each Department of Agriculture mission area that administers self-determination contracts, the Secretary shall designate a senior official within that mission area or an office within that mission area to be responsible for— oversight of the administration of self-determination contracts within the mission area; and coordination with a senior official in the Office of the Secretary designated to advise the Secretary on opportunities for self-determination enhancement.

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