Legis Daily

TERRA Act

USA119th CongressHR-3654| House 
| Updated: 9/9/2025
Emily Randall

Emily Randall

Democratic Representative

Washington

Cosponsors (12)
Tom Cole (Republican)Jared Huffman (Democratic)Marie Gluesenkamp Perez (Democratic)Debbie Dingell (Democratic)Jake Ellzey (Republican)Marilyn Strickland (Democratic)John R. Moolenaar (Republican)Sharice Davids (Democratic)Joe Neguse (Democratic)Michael K. Simpson (Republican)Brian K. Fitzpatrick (Republican)Kevin Mullin (Democratic)

Indian and Insular Affairs Subcommittee, Natural Resources Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
The Tribal Emergency Response Resources Act (TERRA Act) aims to empower Indian Tribes that have reservations, other Tribal lands, or ways of life at risk due to environmental impacts and natural disasters. These risks include flooding, erosion, sea level rise, and wildfires, among others. The bill's core purpose is to enable Tribes to integrate and streamline federal funding into comprehensive Plans to address these challenges, supporting Tribally determined goals, including community-driven relocation, while reducing administrative burdens and costs. The Department of the Interior is designated as the lead federal agency, with the Secretary holding sole authority for Plan approval and determining which federal programs are eligible for integration. Under this Act, Tribes can submit comprehensive "Plans" outlining the nature and severity of environmental threats and detailing strategies, such as community-driven relocation, which may involve new housing and infrastructure. These Plans must identify federal programs for integration, specify how funds will be consolidated and delivered, and list any statutory or regulatory waivers needed. Importantly, any Traditional Ecological Knowledge submitted within a Plan is kept confidential and is exempt from various federal disclosure requirements, including the Freedom of Information Act. The Act authorizes the integration of eligible federal programs, allowing Tribes to reallocate, reprogram, and consolidate funds for Plan activities without needing additional federal approval. It grants broad waiver authority for requirements like matching funds, competitive procedures, and deadlines, unless such waivers are inconsistent with the Act's purpose or specific Indian-related law. The head of an affected agency must make a determination on a waiver request within 45 days, with the request deemed granted if no response is provided, and an interagency dispute resolution process is available for contested denials. The bill establishes streamlined permitting and review processes, requiring the Secretary to develop a coordinated project schedule and an environmental review timetable, ideally not exceeding one year. Federal agencies are encouraged to conduct concurrent reviews and adopt Tribal analyses for NEPA compliance, with a presumption that taking no action will have negative impacts for the Tribe. Furthermore, the Act mandates an expedited fee-to-trust process for land acquired with Plan funds or for relocation due to imminent environmental risk, evaluating these requests using on-reservation acquisition procedures. A streamlined funding framework ensures the efficient transfer of funds to the Department of the Interior for distribution to Tribes, often through existing Indian Self-Determination and Education Assistance Act agreements. Tribes can reallocate funds without further federal approval and are only required to submit a single annual report, replacing multiple program-specific requirements. The Act ensures no reduction in federal funds due to its implementation, allows Tribes to recover 100% of indirect costs, permits funds to be treated as non-Federal for matching requirements, and allows Tribes to retain interest earned on transferred funds. To facilitate implementation, an interdepartmental memorandum of agreement, developed in consultation with Tribes, will guide interagency cooperation and establish a Tribal working group. Tribes have the right to bring civil actions against agencies for Plan or waiver denials or for failure to comply with the Act, with administrative exhaustion not required, and may be awarded attorney fees if they substantially prevail. The Secretary is also required to submit a report to Congress on the Act's implementation within two years of enactment.
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Timeline

Bill from Previous Congress

HR 118-7859
TERRA Act
May 29, 2025
Introduced in House
May 29, 2025
Referred to the House Committee on Natural Resources.
Sep 4, 2025
Referred to the Subcommittee on Indian and Insular Affairs.
Sep 9, 2025
Subcommittee Hearings Held
  • Bill from Previous Congress

    HR 118-7859
    TERRA Act


  • May 29, 2025
    Introduced in House


  • May 29, 2025
    Referred to the House Committee on Natural Resources.


  • September 4, 2025
    Referred to the Subcommittee on Indian and Insular Affairs.


  • September 9, 2025
    Subcommittee Hearings Held

Native Americans

Advisory bodiesCivil actions and liabilityCongressional oversightDisaster relief and insuranceEnvironmental assessment, monitoring, researchFederal-Indian relationsIndian lands and resources rightsIndian social and development programsIntergovernmental relationsLand transfersLicensing and registrationsNatural disasters

TERRA Act

USA119th CongressHR-3654| House 
| Updated: 9/9/2025
The Tribal Emergency Response Resources Act (TERRA Act) aims to empower Indian Tribes that have reservations, other Tribal lands, or ways of life at risk due to environmental impacts and natural disasters. These risks include flooding, erosion, sea level rise, and wildfires, among others. The bill's core purpose is to enable Tribes to integrate and streamline federal funding into comprehensive Plans to address these challenges, supporting Tribally determined goals, including community-driven relocation, while reducing administrative burdens and costs. The Department of the Interior is designated as the lead federal agency, with the Secretary holding sole authority for Plan approval and determining which federal programs are eligible for integration. Under this Act, Tribes can submit comprehensive "Plans" outlining the nature and severity of environmental threats and detailing strategies, such as community-driven relocation, which may involve new housing and infrastructure. These Plans must identify federal programs for integration, specify how funds will be consolidated and delivered, and list any statutory or regulatory waivers needed. Importantly, any Traditional Ecological Knowledge submitted within a Plan is kept confidential and is exempt from various federal disclosure requirements, including the Freedom of Information Act. The Act authorizes the integration of eligible federal programs, allowing Tribes to reallocate, reprogram, and consolidate funds for Plan activities without needing additional federal approval. It grants broad waiver authority for requirements like matching funds, competitive procedures, and deadlines, unless such waivers are inconsistent with the Act's purpose or specific Indian-related law. The head of an affected agency must make a determination on a waiver request within 45 days, with the request deemed granted if no response is provided, and an interagency dispute resolution process is available for contested denials. The bill establishes streamlined permitting and review processes, requiring the Secretary to develop a coordinated project schedule and an environmental review timetable, ideally not exceeding one year. Federal agencies are encouraged to conduct concurrent reviews and adopt Tribal analyses for NEPA compliance, with a presumption that taking no action will have negative impacts for the Tribe. Furthermore, the Act mandates an expedited fee-to-trust process for land acquired with Plan funds or for relocation due to imminent environmental risk, evaluating these requests using on-reservation acquisition procedures. A streamlined funding framework ensures the efficient transfer of funds to the Department of the Interior for distribution to Tribes, often through existing Indian Self-Determination and Education Assistance Act agreements. Tribes can reallocate funds without further federal approval and are only required to submit a single annual report, replacing multiple program-specific requirements. The Act ensures no reduction in federal funds due to its implementation, allows Tribes to recover 100% of indirect costs, permits funds to be treated as non-Federal for matching requirements, and allows Tribes to retain interest earned on transferred funds. To facilitate implementation, an interdepartmental memorandum of agreement, developed in consultation with Tribes, will guide interagency cooperation and establish a Tribal working group. Tribes have the right to bring civil actions against agencies for Plan or waiver denials or for failure to comply with the Act, with administrative exhaustion not required, and may be awarded attorney fees if they substantially prevail. The Secretary is also required to submit a report to Congress on the Act's implementation within two years of enactment.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 118-7859
TERRA Act
May 29, 2025
Introduced in House
May 29, 2025
Referred to the House Committee on Natural Resources.
Sep 4, 2025
Referred to the Subcommittee on Indian and Insular Affairs.
Sep 9, 2025
Subcommittee Hearings Held
  • Bill from Previous Congress

    HR 118-7859
    TERRA Act


  • May 29, 2025
    Introduced in House


  • May 29, 2025
    Referred to the House Committee on Natural Resources.


  • September 4, 2025
    Referred to the Subcommittee on Indian and Insular Affairs.


  • September 9, 2025
    Subcommittee Hearings Held
Emily Randall

Emily Randall

Democratic Representative

Washington

Cosponsors (12)
Tom Cole (Republican)Jared Huffman (Democratic)Marie Gluesenkamp Perez (Democratic)Debbie Dingell (Democratic)Jake Ellzey (Republican)Marilyn Strickland (Democratic)John R. Moolenaar (Republican)Sharice Davids (Democratic)Joe Neguse (Democratic)Michael K. Simpson (Republican)Brian K. Fitzpatrick (Republican)Kevin Mullin (Democratic)

Indian and Insular Affairs Subcommittee, Natural Resources Committee

Native Americans

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Advisory bodiesCivil actions and liabilityCongressional oversightDisaster relief and insuranceEnvironmental assessment, monitoring, researchFederal-Indian relationsIndian lands and resources rightsIndian social and development programsIntergovernmental relationsLand transfersLicensing and registrationsNatural disasters