TERRA Act

Bill Number

H.R. 3654

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Native Americans

Status

Introduced

Latest Action

2025-09-09: Subcommittee Hearings Held

Last Updated

2026-05-12T08:06:11Z

AI-Generated Summary

Purpose of the Legislation

The Tribal Emergency Response Resources Act (TERRA Act) aims to help Indian Tribes whose reservations, lands, or traditional ways of life are threatened by environmental issues and natural disasters—such as flooding, erosion, sea-level rise, droughts, wildfires, and storms. It enables these Tribes to combine funding from various federal programs into single, Tribe-led plans to build resilience, prevent or address these threats, and potentially support community relocation if chosen by the Tribe. The Act reduces paperwork and administrative hurdles while upholding federal policies of Tribal self-determination (Tribes making their own decisions) and the U.S. government's trust responsibility (legal duty to protect Tribal interests).

Key Provisions

• Definitions: Establishes terms like "community-driven relocation" (Tribe-led moves from high-risk areas, including building new housing and infrastructure), "Federal partners" (a list of 16 agencies, including Interior, Agriculture, and EPA, plus others as needed), "Plan" (a Tribe's integrated strategy), and "Traditional Ecological Knowledge" (Tribal wisdom about the environment, kept confidential).
• Lead Agency: The Department of the Interior (DOI) leads implementation, with the Secretary holding sole authority over decisions, including program eligibility.
• Program Integration and Eligibility (Title I):
• Authorizes Tribes to merge funds from eligible federal programs for environmental resilience activities like climate adaptation, disaster preparedness, housing, infrastructure, economic development, and land management.
• Eligible programs must support these goals and provide funding to Tribes via formulas, noncompetitive awards, or competitions where Tribes qualify due to their status.
• Plans must detail threats, strategies (optional relocation plans with maps), budgets, needed waivers, and approvals by Tribal leaders.
• Provides technical assistance for plan development; requires consultation to identify programs and waivers.
• Allows waivers of rules like matching funds, competition requirements, deadlines, or state partnerships, with mandatory approval unless it conflicts with the Act's goals or Tribal-specific laws; includes 45-day review, deemed approval if delayed, and dispute resolution.
• Plan approval process presumes approval, with 90-day review (extendable once by 90 days with consent); partial approvals possible; denials require specific reasons and technical help to revise; Tribes can sue in federal court for denials or delays, with possible attorney fees if they win.
• Implementation and Funding (Title II):
• Reduces reporting to one annual Tribe-submitted report using a DOI model, replacing separate program requirements.
• Streamlines permitting: DOI identifies "participating agencies" for reviews (e.g., under NEPA—National Environmental Policy Act, which assesses project environmental effects); creates coordinated schedules and environmental review timetables (aiming for 1 year total); encourages concurrent reviews and single environmental impact statements; presumes "no action" (doing nothing) harms Tribes; allows court petitions for agency delays.
• Expedites "fee-to-trust" (federal process to place Tribal land in protected trust status): Mandatory for relocation lands bought with Plan funds or facing imminent risk; discretionary for other Plan-related lands, using simplified procedures and timelines tied to Plan approval.
• Streamlines funding: DOI develops frameworks for transferring funds; agencies must cooperate; requires 30-day transfers to DOI and 45-day distribution to Tribes; allows interim emergency funds; mandates at least 10% set-asides for Tribes in programs.
• Fund administration: Tribes can flexibly reallocate funds without extra approvals; no need for separate records or audits by program; full indirect cost recovery (overhead expenses); unlimited carryover of unspent funds; treats funds as non-federal for matching other grants; Tribes keep earned interest.
• Ensures no funding reductions due to the Act; integrates with self-determination laws for contracts.
• Requires an interdepartmental agreement within 180 days, with Tribal input and a Tribal advisory group (exempt from advisory committee rules); allows federal employee details to DOI.
• Mandates a report to Congress within 2 years on implementation.

Significant Changes to Existing Law

• Funding Flexibility: Unlike current fragmented programs, Tribes can now integrate and reallocate funds across agencies without per-program waivers, enabling holistic plans (e.g., shifting disaster relief money to relocation).
• Waiver Expansion: Broadens waivers beyond typical self-determination laws, covering competition, formulas, and overlaps; introduces "deemed approval" for delays and interagency disputes resolved by the affected agency head.
• Streamlined Reviews: Accelerates NEPA and historic preservation reviews (normally lengthy) via coordinated timelines, concurrent processes, and Tribal document adoption; adds presumption of harm from inaction.
• Fee-to-Trust Simplification: Bypasses standard documentation and evaluates off-reservation land like on-reservation (easier criteria); ties to Plan timelines instead of multi-year processes.
• Reporting and Costs: Replaces multiple reports/audits with one; guarantees 100% indirect costs and interest retention, reducing financial burdens not always allowed before.
• Enforcement: Permits direct lawsuits without exhausting administrative steps, strengthening Tribal recourse.

Potential Impacts

• Government Agencies: Increases coordination demands on DOI (as lead) and Federal partners, potentially raising short-term administrative costs but saving long-term via reduced separate reporting; mandates set-asides and timely transfers, which could strain budgets but promote efficiency; fosters interagency agreements for better Tribal support.
• Citizens (Especially Tribes): Empowers Tribes to address climate and disaster risks more quickly and comprehensively, potentially improving community safety, housing, and economies; lowers admin burdens, freeing resources for on-the-ground action like relocation or infrastructure; benefits Tribal members through preserved ways of life and self-determination.
• International Relations: No direct impacts; the Act focuses on domestic U.S. Tribal lands and federal obligations.

Main Stakeholders Affected

• Indian Tribes: Core beneficiaries, gaining tools for resilience planning, funding integration, and reduced bureaucracy; must submit plans and reports.
• Department of the Interior (Secretary): Central role in leading, approving plans, providing assistance, and overseeing funds/reviews.
• Federal Partner Agencies (e.g., Agriculture, EPA, HUD): Required to waive rules, participate in reviews, transfer funds promptly, and consult; affected by set-asides and coordination.
• Tribal Communities and Members: Indirectly benefit from enhanced protection against environmental threats.
• Congress: Receives implementation reports and oversees via committees (Indian Affairs in Senate, Natural Resources in House).

Notable Legal, Constitutional, or Political Implications

• Legal: Reinforces the Indian Self-Determination and Education Assistance Act by expanding funding integration; protects Traditional Ecological Knowledge via exemptions from disclosure laws (e.g., FOIA—Freedom of Information Act); enables civil actions with injunctive relief (court orders to act), bypassing typical exhaustion requirements, which could speed resolutions but increase litigation.
• Constitutional: Upholds the government-to-government relationship (Tribes as sovereign entities) and federal trust responsibility (U.S. duty to Tribes from treaties and history), embedding self-determination in climate policy; no apparent conflicts with separation of powers, as DOI's lead role aligns with its Tribal expertise.
• Political: Introduced with bipartisan support (May 29, 2025, by Reps. from both parties), signals congressional priority on climate equity for vulnerable Tribes; could set precedent for streamlined federal aid in disasters, influencing future environmental laws without partisan bias in the text.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Randall, Emily [D-WA-6]

Cosponsors (13)

Rep. Perez, Marie Gluesenkamp [D-WA-3], Rep. Simpson, Michael K. [R-ID-2], Rep. Davids, Sharice [D-KS-3], Rep. Huffman, Jared [D-CA-2], Rep. Mullin, Kevin [D-CA-15], Rep. Fitzpatrick, Brian K. [R-PA-1], Rep. Strickland, Marilyn [D-WA-10], Rep. Moolenaar, John R. [R-MI-2], Rep. Neguse, Joe [D-CO-2], Rep. Dingell, Debbie [D-MI-6], Rep. Cole, Tom [R-OK-4], Rep. Ellzey, Jake [R-TX-6], Rep. Pingree, Chellie [D-ME-1]

Recent Actions

• 2025-09-09: Subcommittee Hearings Held
• 2025-09-04: Referred to the Subcommittee on Indian and Insular Affairs.
• 2025-05-29: Referred to the House Committee on Natural Resources.
• 2025-05-29: Introduced in House
• 2025-05-29: Introduced in House

Bill Versions

• Tribal Emergency Response Resources Act — issued 2025-05-29 — PDF (49 pages)