Sec. 1141. TRIBAL PROJECT IMPLEMENTATION PILOT PROGRAM
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## SEC. 1141 TRIBAL PROJECT IMPLEMENTATION PILOT PROGRAM **[**[33 U.S.C. 2269 note](/us/usc/t33/s2269)**]** ###
(a)Definitions In this section: ####
(1)Eligible project The term “eligible project” means 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). ####
(2)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). ###
(b)Authorization Not later than 180 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. ###
(c)Purposes The purposes of the pilot program under this section are— ####
(1)to authorize Tribal contracting to advance Tribal self-determination and provide economic opportunities for Indian Tribes; and ####
(2)to evaluate the technical, financial, and organizational efficiencies of Indian Tribes carrying out the design, execution, management, and construction of 1 or more eligible projects. ###
(d)Administration ####
(1)In general In carrying out the pilot program under this section, the Secretary shall— #####
(A)identify a total of not more than 5 eligible projects that have been authorized for construction; #####
(B)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; #####
(C)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; #####
(D)on the request of the Indian Tribe and in accordance with subsection (f)(2), 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; #####
(E)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— ######
(i)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 ######
(ii)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 #####
(F)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. ####
(2)Detailed project schedule 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. ####
(3)Technical assistance On the request of an Indian Tribe, the Secretary may provide technical assistance to the Indian Tribe, if the Indian Tribe contracts with and compensates the Secretary for the technical assistance relating to— #####
(A)any study, engineering activity, and design activity for construction carried out by the Indian Tribe under this section; and #####
(B)expeditiously obtaining any permits necessary for the eligible project. ###
(e)Cost Share 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. ###
(f)Implementation Guidance ####
(1)In general Not later than 120 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— #####
(A)the metrics for measuring the success of the pilot program; #####
(B)a process for identifying future eligible projects to participate in the pilot program; #####
(C)measures to address the risks of an Indian Tribe constructing eligible projects under the pilot program, including which entity bears the risk for eligible projects that fail to meet Corps of Engineers standards for design or quality; #####
(D)the laws and regulations that an Indian Tribe must follow in carrying out an eligible project under the pilot program; and #####
(E)which entity bears the risk in the event that an eligible project carried out under the pilot program fails to be carried out in accordance with the project authorization or this section. ####
(2)New project partnership agreements The Secretary may not enter into a project partnership agreement under this section until the date on which the Secretary issues the guidance under paragraph (1). ###
(g)Report ####
(1)In general 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)a description of the progress of Indian Tribes in meeting milestones in detailed project schedules developed pursuant to subsection (d)(2); and #####
(B)any recommendations of the Secretary concerning whether the pilot program or any component of the pilot program should be implemented on a national basis. ####
(2)Update 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). ####
(3)Failure to meet deadline 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. ###
(h)Administration 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. ###
(i)Termination of Authority The authority to commence an eligible project under this section terminates on December 31, 2029. ###
(j)Authorization of Appropriations 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 2024 through 2029.
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