[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2804 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 2804
To provide for the reform and continuation of agricultural and other
programs of the Department of Agriculture for Indian Country.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2018
Mr. Hoeven (for himself and Mr. Udall) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To provide for the reform and continuation of agricultural and other
programs of the Department of Agriculture for Indian Country.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cultivating Resources, Opportunity,
Prosperity, and Sustainability (CROPS) for Indian Country Act''.
SEC. 2. REPORT ON CROP INSURANCE.
(a) Definitions.--In this section:
(1) The term ``Indian country'' has the meaning given the
term in section 1151 of title 18, United States Code.
(2) The term ``Indian country agriculture production''
means agricultural operations with not less than 1 operator who
is American Indian or Alaska Native, as indicated by the 2012
National Census of Agriculture conducted by the National
Agricultural Statistics Service.
(3) The term ``relevant Committees of Congress'' refers
to--
(A) the Committee on Agriculture of the House of
Representatives;
(B) the Committee on Financial Services of the
House of Representatives;
(C) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
(D) the Committee on Finance of the Senate; and
(E) the Committee on Indian Affairs of the Senate.
(b) Study on Insurance Under the Federal Crop Insurance Act.--Not
later than 1 year after the date of enactment of this Act, the
Secretary, acting through the Administrator of the Risk Management
Agency, and in consultation with Indian Tribes, shall--
(1) prepare a report describing the efficacy and
applicability of policies and plans of insurance under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) to
agricultural production in Indian country; and
(2) submit the report described in paragraph (1) to--
(A) the Committee on Agriculture of the House of
Representatives;
(B) the Committee on Indian Affairs of the Senate;
and
(C) the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
(c) Study on the Risk Management Agency's Crop Insurance
Products.--
(1) In general.--The Secretary, acting through the
Administrator of the Risk Management Agency in partnership with
the Office of Tribal Relations and in consultation with the
USDA Tribal Advisory Committee established under section 4,
shall conduct a study ascertaining the efficacy and
applicability of the Risk Management Agency's crop insurance
products (as of the date on which the study begins) as those
products relate to Indian country agriculture production.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
relevant Committees of Congress a report that--
(A) discusses the adequacy of all crop insurance
products in Indian country (as of the date of the
report);
(B) considers unique tribal production issues and
any impediments these issues may pose to utilizing
those crop insurance products; and
(C) offers specific steps that may be taken
administratively by the Risk Management Agency to
mitigate these impediments.
SEC. 3. FORESTRY RESEARCH PROGRAMS.
(a) McIntire-Stennis Cooperative Forestry Act.--Section 2 of Public
Law 87-788 (commonly known as the ``McIntire-Stennis Cooperative
Forestry Act'') (16 U.S.C. 582a-1) is amended in the second sentence--
(1) by striking ``and'' before ``1890 Institutions''; and
(2) by inserting ``and 1994 Institutions (as defined in
section 532 of the Equity in Educational Land-Grant Status Act
of 1994 (7 U.S.C. 301 note; Public Law 103-382)) offering a
baccalaureate degree in forestry,'' before ``and (b)''.
(b) Competitive Forestry, Natural Resources, and Environmental
Grants.--Section 1232(b)(1) of the Forest Stewardship Act of 1990 (16
U.S.C. 582a-8(b)(1)) is amended by striking ``university,'' and
inserting ``university (including a 1994 Institution (as defined in
section 532 of the Equity in Educational Land-Grant Status Act of 1994
(7 U.S.C. 301 note; Public Law 103-382))),''.
SEC. 4. USDA TRIBAL ADVISORY COMMITTEE.
(a) Establishment.--
(1) The Secretary of Agriculture (referred to in this Act
as the ``Secretary'') shall establish an advisory committee to
provide advice and guidance to the Secretary on matters
relating to tribal and Indian affairs.
(2) The advisory committee established under paragraph (1)
shall be known as the ``USDA Tribal Advisory Committee''
(referred to in this Act as the ``Committee'').
(3) The Committee shall facilitate, but not supplant,
government-to-government consultation between the Department of
Agriculture (referred to in this Act as the ``Department'') and
Indian Tribes.
(b) Membership.--
(1) The Committee shall be composed of 9 members appointed
as follows:
(A) Three members appointed by the Secretary of
Agriculture.
(B) One member appointed by the Chairman, and one
member appointed by the Ranking Member, of the
Committee on Agriculture of the House of
Representatives.
(C) One member appointed by the Chairman, and one
member appointed by the Ranking Member, of the
Committee on Agriculture, Nutrition, and Forestry of
the Senate.
(D) One member appointed by the Chairman, and one
member appointed by the Ranking Member, of the
Committee on Indian Affairs of the Senate.
(2) Nominations may be submitted by Indian Tribes, Tribal
organizations, and national or regional organizations with
expertise in issues related to the Committee's duties as
identified in this section.
(3) The Secretary shall ensure that membership on the
Committee represents individuals with diverse expertise
including expertise related to geographic, tribal, and
agricultural industry issues, to the maximum extent feasible.
(4) No member of the Committee may be an employee or
officer of the Federal Government.
(5) At least one representative from the Office of Tribal
Relations of the Department shall be present at each meeting of
the Committee. Such representative shall not be a voting member
of the Committee.
(6) The Assistant Secretary for Indian Affairs at the
Department of the Interior (or a designee) shall be present at
each meeting of the Committee. Such representative shall not be
a voting member of the Committee.
(c) Term; Vacancies.--
(1) Term.--
(A) In general.--Except as provided in subparagraph
(B), each member's term shall be 3 years.
(B) Initial staggering.--The first appointments
made by the Secretary under subparagraph (A) shall be
for a term of 2 years.
(C) Limit on terms.--No member may serve for more
than 3 terms.
(2) Vacancy.--The Secretary shall fill a vacancy in the
Committee within 90 days in the same manner as the original
appointment.
(d) Meetings.--The Committee shall meet in-person not less
frequently than twice each year.
(e) Duties.--The duties of the Committee include the following:
(1) Departmental review.--The Committee shall undertake the
following review activities:
(A) Identify evolving issues of relevance to Indian
Tribes relating to programs of the Department.
(B) Communicate to the Secretary the findings of
the Committee with respect to the issues identified
under paragraph (1) and submit to the Secretary
recommendations concerning such issues.
(C) Propose clarifications and other
recommendations and solutions to address issues
identified by the Committee or raised at tribal,
regional, and national levels, especially regarding any
tribal consultations undertaken by the Department.
(D) Provide a forum for Indian Tribes and the
Department to discuss issues and proposals for changes
to Department regulations, policies, and procedures.
(E) Identify priorities and provide advice on
appropriate strategies for tribal consultation on
issues at the tribal, regional, or national levels.
(F) Ensure that pertinent issues are brought to the
attention of Indian Tribes in a timely manner, so that
timely tribal feedback can be obtained.
(G) Identify and propose solutions to any inter-
departmental barriers between the Department and other
Federal agencies.
(2) Reports.--
(A) In general.--Not less frequently than once each
year, the Committee shall submit a report describing
the activities of the Committee during the previous
year and containing such recommendations as the
Committee may have for legislative or administrative
action for the upcoming year to--
(i) the Secretary; and
(ii) the relevant Committees of the House
of Representatives and the Senate.
(B) Response.--Not later than 45 days after the
date on which the Secretary receives a report under
subparagraph (A), the Secretary shall submit a written
response to that report to--
(i) the USDA Tribal Advisory Committee; and
(ii) the relevant Committees of the House
of Representatives and the Senate.
(f) Committee Personnel Matters.--Members of the Committee shall
serve without pay, except that they shall be reimbursed at a rate equal
to the daily equivalent of the annual rate of basic pay prescribed for
level IV of the Executive Schedule under section 5315 of title 5,
United States Code, for each day (including travel time) for which the
member is actually engaged in the business of the Committee.
(g) Federal Advisory Committee Act Exemption.--Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App. 14) shall not apply to
the Committee.
(h) Definitions.--In this section:
(1) The term ``Indian Tribe'' has the meaning given the
term ``Indian tribe'' in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(2) The term ``relevant Committees of the House of
Representatives and the Senate'' refers to--
(A) the Committee on Agriculture of the House of
Representatives;
(B) the Committee on Agriculture, Nutrition, and
Forestry of the Senate; and
(C) the Committee on Indian Affairs of the Senate.
(3) The term ``Tribal organization'' has the meaning given
the term ``tribal organization'' in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
SEC. 5. FOREIGN TRADE MISSIONS.
(a) Tribal Representation on U.S. Trade Missions.--
(1) In general.--The Secretary, in consultation with the
USDA Tribal Advisory Committee established under section 4,
shall seek to--
(A) support greater inclusion of Tribal
agricultural and food products in Federal trade related
activities; and
(B) increase collaboration between Federal trade
promotion efforts and other Federal trade related
activities in support of such greater inclusion.
(2) Interdepartmental coordination.--In undertaking efforts
to increase collaboration described in paragraph (1), the
Secretary shall coordinate with--
(A) the Secretary of Commerce;
(B) the Secretary of State;
(C) the Secretary of the Interior; and
(D) the heads of any other relevant Federal
agencies.
(b) Reporting and Accountability.--
(1) Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit a report detailing the
efforts of the Department and other Federal agencies under this
section to--
(A) the USDA Tribal Advisory Committee;
(B) the Committee on Agriculture of the House of
Representatives;
(C) the Committee on Energy and Commerce of the
House of Representatives;
(D) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
(E) the Committee on Commerce, Science, and
Transportation of the Senate; and
(F) the Committee on Indian Affairs of the Senate.
(2) Not later than 90 days after the date of enactment of
this Act, the Secretary shall establish goals, in an objective
and quantifiable format, by which the inclusion of Indian
Tribes and tribal agricultural and food products in the
Department's trade related activities can be measured.
SEC. 6. PROMISE ZONES.
(a) In General.--In this section, the term ``Tribal Promise Zone''
means an area that--
(1) is nominated by 1 or more Indian tribes (as defined in
section 4(13) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4103(13))) for
designation as a Tribal Promise Zone (in this section referred
to as a ``nominated zone'');
(2) has a continuous boundary; and
(3) the Secretary of Agriculture designates as a Tribal
Promise Zone, after consultation with the Secretary of
Commerce, the Secretary of Education, the Attorney General, the
Secretary of the Interior, the Secretary of Housing and Urban
Development, the Secretary of Health and Human Services, the
Secretary of Labor, the Secretary of the Treasury, the
Secretary of Transportation, and other agencies as appropriate.
(b) Authorization and Number of Designations.--Not later than 1
year after the date of enactment of this Act, the Secretary of
Agriculture shall nominate a minimum number of nominated zones, as
determined by the Secretary of Agriculture in consultation with Indian
tribes, to be designated as Tribal Promise Zones.
(c) Period of Designations.--
(1) In general.--The Secretary of Agriculture shall
designate nominated zones as Tribal Promise Zones before
January 1, 2020.
(2) Effective dates of designations.--The designation of
any Tribal Promise Zone shall take effect--
(A) for purposes of priority consideration in
Federal grant programs and initiatives (other than this
section), upon execution of the Tribal Promise Zone
agreement with the Secretary of Agriculture; and
(B) for purposes of this section, on January 1 of
the first calendar year beginning after the date of the
execution of the Tribal Promise Zone agreement.
(3) Termination of designations.--The designation of any
Tribal Promise Zone shall end on the earlier of--
(A)(i) with respect to a Tribal Promise Zone not
described in paragraph (4), the end of the 10-year
period beginning on the date that such designation
takes effect; or
(ii) with respect to a Tribal Promise Zone
described in paragraph (4), the end of the 10-year
period beginning on the date the area was designated as
a Tribal Promise Zone before the date of the enactment
of this Act; or
(B) the date of the revocation of such designation.
(4) Application to certain zones already designated.--In
the case of any area designated as a Tribal Promise Zone by the
Secretary of Agriculture before the date of the enactment of
this Act, such area shall be deemed a Tribal Promise Zone
designated under this section (notwithstanding whether any such
designation has been revoked before the date of the enactment
of this Act) and shall reduce the number of Tribal Promise
Zones remaining to be designated under paragraph (1).
(d) Limitations on Designations.--No area may be designated under
this section unless--
(1) the entities nominating the area have the authority to
nominate the area of designation under this section;
(2) such entities provide written assurances satisfactory
to the Secretary of Agriculture that the competitiveness plan
described in the application under subsection (e) for such area
will be implemented and that such entities will provide the
Secretary of Agriculture with such data regarding the economic
conditions of the area (before, during, and after the area's
period of designation as a Tribal Promise Zone) as such
Secretary may require; and
(3) the Secretary of Agriculture determines that any
information furnished is reasonably accurate.
(e) Application.--No area may be designated under this section
unless the application for such designation--
(1) demonstrates that the nominated zone satisfies the
eligibility criteria described in subsection (a); and
(2) includes a competitiveness plan that--
(A) addresses the need of the nominated zone to
attract investment and jobs and improve educational
opportunities;
(B) leverages the nominated zone's economic
strengths and outlines targeted investments to develop
competitive advantages;
(C) demonstrates collaboration across a wide range
of stakeholders;
(D) outlines a strategy that connects the nominated
zone to drivers of regional economic growth; and
(E) proposes a strategy for focusing on increased
access to high quality affordable housing and improved
public safety.
(f) Selection Criteria.--
(1) In general.--From among the nominated zones eligible
for designation under this section, the Secretary of
Agriculture shall designate Tribal Promise Zones on the basis
of--
(A) the effectiveness of the competitiveness plan
submitted under subsection (e) and the assurances made
under subsection (d);
(B) unemployment rates, poverty rates, vacancy
rates, crime rates, and such other factors as the
Secretary of Agriculture may identify, including
household income, labor force participation, and
educational attainment; and
(C) other criteria as determined by the Secretary
of Agriculture.
(2) Minimal standards.--The Secretary of Agriculture may
set minimal standards for the levels of unemployment and
poverty that must be satisfied for designation as a Tribal
Promise Zone.
SEC. 7. STUDY OF MARKETPLACE FRAUD OF UNIQUE TRADITIONAL FOODS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall conduct a study on--
(1) the market impact of traditional foods, tribally
produced products, and products that utilize traditional foods;
(2) fraudulent foods that mimic tribal foods that are
available in the commercial marketplace as of the date of
enactment of this Act; and
(3) the means by which authentic traditional foods and
tribally produced foods might be protected against the impact
of fraudulent foods in the marketplace.
(b) Inclusions.--The study shall include a consideration of the
circumstances under which such fraudulent foods in the marketplace
occurs and an analysis of Federal laws administered by the Secretary,
intellectual property laws, and trademark laws that might offer
protections against fraudulent foods in a tribal foods context.
(c) Report.--Not later than 60 days after the date of completion of
the study, the Comptroller General shall submit a report describing the
results of the study to--
(1) the Committee on Agriculture of the House of
Representatives;
(2) the Committee on the Judiciary of the House of
Representatives;
(3) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(4) the Committee on the Judiciary of the Senate; and
(5) the Committee on Indian Affairs of the Senate.
SEC. 8. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 1994.
Section 532 of the Equity in Educational Land-Grant Status Act of
1994 (7 U.S.C. 301 note) is amended--
(1) in paragraph (11), by striking ``Fort Berthold
Community College'' and inserting ``Nueta Hidatsa Sahnish
College'';
(2) in paragraph (21), by striking ``Navajo Technical
College'' and inserting ``Navajo Technical University''; and
(3) by adding at the end the following:
``(36) Red Lake Nation College.''.
SEC. 9. SMITH-LEVER COMMUNITY EXTENSION PROGRAM.
(a) In General.--Section 3(d) of the Smith-Lever Act (7 U.S.C.
343(d)) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(d) Administration, Technical, and Extension Services.--
``(1) In general.--The Secretary'';
(2) in paragraph (1) (as designated by paragraph (1)), by
striking the second sentence; and
(3) by adding at the end the following:
``(2) Competitive funding.--The Secretary of Agriculture
may provide funding, on a competitive basis, to--
``(A) a college or university eligible to receive
funds under the Act of August 30, 1890 (7 U.S.C. 321-
326a and 328), including Tuskegee University; or
``(B) a 1994 Institution (as defined in section 532
of the Equity in Educational Land-Grant Status Act of
1994 (7 U.S.C. 301 note; Public Law 103-382)) for--
``(i) the Children, Youth, and Families at
Risk funding program under subsection (b)(3);
and
``(ii) the Federally Recognized Tribes
Extension Program.''.
(b) Conforming Amendments.--
(1) Section 3(f) of the Smith Lever Act (7 U.S.C. 343(f))
is amended by inserting ``or, in the case of a 1994
Institution, subsection (d)'' before the period at the end.
(2) Section 533(a)(2)(A) of the Equity in Educational Land-
Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-
382) is amended by striking clause (ii) and inserting the
following:
``(ii) the Smith-Lever Act (7 U.S.C. 341 et
seq.), except as provided under--
``(I) section 3(b)(3) of that Act
(7 U.S.C. 343(b)(3)); or
``(II) paragraph (2) of section
3(d) of that Act (7 U.S.C. 343(d));
or''.
SEC. 10. SELF-DETERMINATION DEMONSTRATION PROJECT WITH DEPARTMENT OF
AGRICULTURE.
Title I of the Indian Self-Determination Act (25 U.S.C. 5321 et
seq.) is amended by adding at the end the following:
``SEC. 112. SELF-DETERMINATION DEMONSTRATION PROJECT WITH DEPARTMENT OF
AGRICULTURE.
``(a) Definition of Covered Program.--In this section, the term
`covered program' means--
``(1) a program of the Tribal Forest Protection Act of 2004
(25 U.S.C. 3115a et seq.); or
``(2) a food distribution program under section 4(b) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)).
``(b) Agriculture Self-Determination Demonstration Project
Authorized.--The Secretary of Agriculture shall carry out a
demonstration project through which the Secretary of Agriculture enters
into self-determination contracts, in accordance with subsection (c),
with Indian tribes and tribal organizations, upon the request of any
Indian tribe by tribal resolution, to plan, conduct, and administer any
function, service, or activity of 1 or more covered programs for the
Indian tribe.
``(c) Self-Determination Contract.--A self-determination contract
entered into under subsection (b) shall have the same terms and
conditions, and be subject to the same procedures, regulations, and
requirements, as a self-determination contract entered into under
section 102, except that--
``(1) the Secretary of Agriculture and the Department of
Agriculture shall be the appropriate Secretary and agency for
purposes of a self-determination contract under this section;
``(2) not later than 1 year after the date of enactment of
this section, the Secretary of Agriculture shall develop a
procedure, in consultation with Indian tribes, for Indian
tribes to submit proposals for participation in the
demonstration project; and
``(3) to the extent that a self-determination contract is
requested regarding a covered program described in subsection
(a)(1) that is similar to functions already carried out by a
tribal organization under a self-determination contract with
the Secretary of the Interior under section 102, the Secretary
of Agriculture shall structure the self-determination contract
under this section to be as similar to the earlier self-
determination contract as is practicable.
``(d) Technical Assistance.--The Office of Self-Governance of the
Bureau of Indian Affairs shall provide technical assistance regarding
the self-determination contracts authorized under this section to the
Secretary of Agriculture, and to Indian tribes and tribal organizations
who request such assistance.''.
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