[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2010 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2010

  To provide for business development and trade promotion for Native 
                   Americans, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 30, 1998

 Mr. Campbell introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
  To provide for business development and trade promotion for Native 
                   Americans, and for other purposes.

    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 ``Native American Business 
Development, Trade Promotion, and Tourism Act of 1998''.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) clause 3 of section 8 of article I of the United States 
        Constitution recognizes the special relationship between the 
        United States and Indian tribes;
            (2) beginning in 1970, with the inauguration by the Nixon 
        Administration, of the Indian self-determination era of the 
        Federal Government, each President has confirmed the special 
        government-to-government relationship between Indian tribes and 
        the United States;
            (3) in 1994, President Clinton issued an Executive 
        memorandum to the heads of departments and agencies that 
        obligated all Federal departments and agencies, particularly 
        those that have an impact on economic development, to evaluate 
        the potential impacts of their actions on Indian tribes;
            (4) consistent with the principles of inherent tribal 
        sovereignty and the special relationship between Indian tribes 
        and the United States, tribes retain the right to enter into 
        contracts and agreements to trade freely, and seek enforcement 
        of treaty and trade rights;
            (5) Congress has carried out the responsibility of the 
        United States for the protection and preservation of Indian 
        tribes and the resources of Indian tribes through the 
        endorsement of treaties, and the enactment of other laws, 
        including laws that provide for the exercise of administrative 
        authorities;
            (6) the United States has an obligation to guard and 
        preserve the sovereignty of Indian tribes in order to foster 
        strong tribal governments, Indian self-determination, and 
        economic self-sufficiency among Indian tribes;
            (7) the capacity of Indian tribes to build strong tribal 
        governments and vigorous economies is hindered by the inability 
        of Indian tribes to engage communities that surround Indian 
        lands and outside investors in economic activities on Indian 
        lands;
            (8) despite the availability of abundant natural resources 
        on Indian lands and a rich cultural legacy that accords great 
        value to self-determination, self-reliance, and independence, 
        American Indians and Alaska Natives suffer higher rates of 
        unemployment, poverty, poor health, substandard housing, and 
        associated social ills than those of any other group in the 
        United States;
            (9) the United States has an obligation to assist Indian 
        tribes with the creation of appropriate economic and political 
        conditions with respect to Indian lands to--
                    (A) encourage investment from outside sources that 
                do not originate with the tribes; and
                    (B) facilitate economic ventures with outside 
                entities that are not tribal entities;
            (10) the economic success and material well-being of 
        American Indian and Alaska Native communities depends on the 
        combined efforts of the Federal Government, tribal governments, 
        the private sector, and individuals;
            (11) the lack of employment and entrepreneurial 
        opportunities in the communities referred to in paragraph (8) 
        has resulted in a multigenerational dependence on Federal 
        assistance that is--
                    (A) insufficient to address the magnitude of needs; 
                and
                    (B) unreliable in availability; and
            (12) the twin goals of economic self-sufficiency and 
        political self-determination for American Indians and Alaska 
        Natives can best be served by making available to address the 
        challenges faced by those groups--
                    (A) the resources of the private market;
                    (B) adequate capital; and
                    (C) technical expertise.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To revitalize economically and physically distressed 
        Indian reservation economies by--
                    (A) encouraging the formation of new businesses by 
                eligible entities, the expansion of existing 
                businesses; and
                    (B) facilitating the movement of goods to and from 
                Indian reservations and the provision of services by 
                Indians.
            (2) To promote private investment in the economies of 
        Indian tribes and to encourage the sustainable development of 
        resources of Indian tribes and tribal and Indian-owned 
        businesses.
            (3) To promote the long-range sustained growth of the 
        economies of Indian tribes.
            (4) To raise incomes of Indians in order to reduce poverty 
        levels and provide the means for achieving a higher standard of 
        living on Indian reservations.
            (5) To encourage intertribal, regional, and international 
        trade and business development in order to assist in increasing 
        productivity and the standard of living of members of Indian 
        tribes and improving the economic self-sufficiency of the 
        governing bodies of Indian tribes.
            (6) To promote economic self-sufficiency and political 
        self-determination for Indian tribes and members of Indian 
        tribes.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' has the meaning given that 
        term in the first section of the Act entitled ``To provide for 
        the establishment, operation, and maintenance of foreign-trade 
        zones in ports of entry in the United States, to expedite and 
        encourage foreign commerce, and for other purposes'', approved 
        June 18, 1934 (19 U.S.C. 81a).
            (2) Eligible entity.--The term ``eligible entity'' means an 
        Indian tribe, tribal organization, Indian arts and crafts 
        organization, tribal enterprise, tribal marketing cooperative, 
        or Indian-owned business.
            (3) Federal agency.--The term ``Federal agency'' means an 
        agency, as that term is defined in section 551(1) of title 5, 
        United States Code.
            (4) Foundation.--The term ``Foundation'' means the Rural 
        Development Foundation.
            (5) Indian.--The term ``Indian'' has the meaning given that 
        term in section 4(d) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b(d)).
            (6) Indian arts and crafts organization.--The term ``Indian 
        arts and crafts organization'' has the meaning given that term 
        under section 2 of the Act of August 27, 1935 (49 Stat. 891, 
        chapter 748; 25 U.S.C. 305a).
            (7) Indian goods and services.--The term ``Indian goods and 
        services'' means--
                    (A) Indian goods, within the meaning of section 2 
                of the Act of August 27, 1935 (commonly known as the 
                ``Indian Arts and Crafts Act'') (49 Stat. 891, chapter 
                748; 25 U.S.C. 305a);
                    (B) goods produced or originating within an 
                eligible entity; and
                    (C) services provided by eligible entities.
            (8) Indian lands.--The term ``Indian lands'' has the 
        meaning given that term in section 4(4) of the Indian Gaming 
        Regulatory Act (25 U.S.C. 2703(4)).
            (9) Indian-owned business.--The term ``Indian-owned 
        business'' means an entity organized for the conduct of trade 
        or commerce with respect to which at least 50 percent of the 
        property interests of the entity are owned by Indians or Indian 
        tribes (or a combination thereof).
            (10) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (12) Tribal enterprise.--The term ``tribal enterprise'' 
        means a commercial activity or business managed or controlled 
        by an Indian tribe.
            (13) Tribal marketing cooperative.--The term ``tribal 
        marketing cooperative'' shall have the meaning given that term 
        by the Secretary, in consultation with the Secretary of the 
        Interior.
            (14) Tribal organization.--The term ``tribal organization'' 
        has the meaning given that term in section 4(l) of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        450b(l)).

   TITLE I--TASK FORCE ON REGULATORY REFORM AND BUSINESS DEVELOPMENT

SEC. 101. ESTABLISHMENT OF TASK FORCE.

    (a) In General.--In order to identify and subsequently remove 
obstacles to the business development and the creation of wealth in the 
economies of Indian reservations, the Secretary, in consultation with 
the Secretary of the Interior and other officials whom the Secretary 
determines to be appropriate, shall, not later than 90 days after the 
date of enactment of this Act, establish a task force on regulatory 
reform and business development in Indian country (referred to in this 
title as the ``task force'').
    (b) Membership.--The task force established under this section 
shall be composed of 16 members, of which 12 members shall be 
representatives of the Indian tribes from the areas of the Bureau of 
Indian Affairs and each such area shall be represented by such a 
representative.
    (c) Initial Meeting.--Not later than 120 days after the date of 
enactment of this Act, the task force shall hold its initial meeting.
    (d) Review.--Beginning on the date of the initial meeting under 
subsection (b), the task force shall conduct a review of laws relating 
to activities occurring on Indian lands (including regulations under 
title 25 of the Code of Federal Regulations).
    (e) Meetings.--The task force shall meet at the call of the 
chairperson.
    (f) Quorum.--A majority of the members of the task force shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (g) Chairperson.--The task force shall select a chairperson from 
among its members.

SEC. 102. REPORT.

    Not later than 1 year after the date of enactment of this Act, the 
task force shall prepare and submit to the Committee on Indian Affairs 
in the Senate, and the Committee on Resources in the House of 
Representatives, and to the governing body of each Indian tribe a 
report that includes--
            (1) the findings of the task force concerning the review 
        conducted pursuant to section 101(d); and
            (2) such recommendations concerning the proposed revisions 
        to the regulations under title 25 of the Code of Federal 
        Regulations and amendments to other laws relating to activities 
        occurring on Indian lands as the task force determines to be 
        appropriate.

SEC. 103. POWERS OF THE TASK FORCE.

    (a) Hearings.--The task force may hold such hearings, sit and act 
at such times and places, take such testimony, and receive such 
evidence as the task force considers advisable to carry out the duties 
of the task force.
    (b) Information From Federal Agencies.--The task force may secure 
directly from any Federal department or agency such information as the 
task force considers necessary to carry out the duties of the task 
force.
    (c) Postal Services.--The task force may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.
    (d) Gifts.--The task force may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 104. TASK FORCE PERSONNEL MATTERS.

    (a) Compensation of Members.--Members of the task force who are not 
officers or employees of the Federal Government shall serve without 
compensation, except for travel expenses, as provided under subsection 
(b). Members of the task force who are officers or employees of the 
United States shall serve without compensation in addition to that 
received for their services as officers or employees of the United 
States.
    (b) Travel Expenses.--The members of the task force shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
task force.
    (c) Staff.--
            (1) In general.--The chairperson of the task force may, 
        without regard to the civil service laws, appoint and terminate 
        such personnel as may be necessary to enable the task force to 
        perform its duties.
            (2) Procurement of temporary and intermittent services.--
        The chairperson of the task force may procure temporary and 
        intermittent service under section 3109(b) of title 5, United 
        States Code, at rates for individuals that do not exceed the 
        daily equivalent of the annual rate of basic pay prescribed 
        under GS-13 of the General Schedule established under section 
        5332 of title 5, United States Code.

SEC. 105. TERMINATION OF TASK FORCE.

    The task force shall terminate 90 days after the date on which the 
task force has submitted, to the committees of Congress specified in 
section 102, and to the governing body of each Indian tribe, a copy of 
the report prepared under that section.

SEC. 106. EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.

    All of the activities of the task force conducted under this title 
shall be exempt from the Federal Advisory Committee Act (5 U.S.C. 
App.).

             TITLE II--NATIVE AMERICAN BUSINESS DEVELOPMENT

SEC. 201. OFFICE OF NATIVE AMERICAN BUSINESS DEVELOPMENT.

    (a) In General.--
            (1) Establishment.--There is established within the 
        Department of Commerce an office known as the Office of Native 
        American Business Development (referred to in this title as the 
        ``Office'').
            (2) Director.--The Office shall be headed by a Director, 
        appointed by the Secretary, whose title shall be the Director 
        of Native American Business Development (referred to in this 
        title as the ``Director''). The Director shall be compensated 
        at a rate not to exceed level V of the Executive Schedule under 
        section 5316 of title 5, United States Code.
    (b) Duties of the Secretary.--
            (1) In general.--The Secretary, acting through the 
        Director, shall ensure the coordination of Federal programs 
        that provide assistance, including financial and technical 
        assistance, to eligible entities for increased business, the 
        expansion of trade by eligible entities, and economic 
        development on Indian lands.
            (2) Activities.--In carrying out the duties described in 
        paragraph (1), the Secretary, acting through the Director, 
        shall ensure the coordination of, or, as appropriate, carry 
        out--
                    (A) Federal programs designed to provide legal, 
                accounting, or financial assistance to eligible 
                entities;
                    (B) market surveys;
                    (C) the development of promotional materials;
                    (D) the financing of business development seminars;
                    (E) the facilitation of marketing;
                    (F) the participation of appropriate Federal 
                agencies or eligible entities in trade fairs;
                    (G) any activity that is not described in 
                subparagraphs (A) through (F) that is related to the 
                development of appropriate markets; and
                    (H) any other activity that the Secretary, in 
                consultation with the Director, determines to be 
                appropriate to carry out this section.
            (3) Assistance.--In conjunction with the activities 
        described in paragraph (2), the Secretary, acting through the 
        Director, shall provide--
                    (A) financial assistance, technical assistance, and 
                administrative services to eligible entities to assist 
                those entities with--
                            (i) identifying and taking advantage of 
                        business development opportunities; and
                            (ii) compliance with appropriate laws and 
                        regulatory practices; and
                    (B) such other assistance as the Secretary, in 
                consultation with the Director, determines to be 
                necessary for the development of business opportunities 
                for eligible entities to enhance the economies of 
                Indian tribes.
            (4) Priorities.--In carrying out the duties and activities 
        described in paragraphs (2) and (3), the Secretary, acting 
        through the Director, shall give priority to activities that--
                    (A) provide the greatest degree of economic 
                benefits to Indians; and
                    (B) foster long-term stable economies of Indian 
                tribes.
            (5) Prohibition.--The Secretary may not provide under this 
        section assistance for any activity related to the operation of 
        a gaming activity on Indian lands pursuant to the Indian Gaming 
        Regulatory Act (25 U.S.C. 2710 et seq.).

SEC. 202. NATIVE AMERICAN TRADE AND EXPORT PROMOTION.

    (a) In General.--The Secretary, acting through the Director, shall 
carry out a Native American export and trade promotion program 
(referred to in this section as the ``program'').
    (b) Coordination of Federal Programs and Services.--In carrying out 
the program, the Secretary, acting through the Director, and in 
cooperation with the heads of appropriate Federal agencies, shall 
ensure the coordination of Federal programs and services designed to--
            (1) develop the economies of Indian tribes; and
            (2) stimulate the demand for Indian goods and services that 
        are available to eligible entities.
    (c) Activities.--In carrying out the duties described in subsection 
(b), the Secretary, acting through the Director, shall ensure the 
coordination of, or, as appropriate, carry out--
            (1) Federal programs designed to provide technical or 
        financial assistance to eligible entities;
            (2) the development of promotional materials;
            (3) the financing of appropriate trade missions;
            (4) the marketing of Indian goods and services;
            (5) the participation of appropriate Federal agencies or 
        eligible entities in international trade fairs; and
            (6) any other activity related to the development of 
        markets for Indian goods and services.
    (d) Technical Assistance.--In conjunction with the activities 
described in subsection (c), the Secretary, acting through the 
Director, shall provide technical assistance and administrative 
services to eligible entities to assist those entities with--
            (1) the identification of appropriate markets for Indian 
        goods and services;
            (2) entering the markets referred to in paragraph (1);
            (3) compliance with foreign or domestic laws and practices 
        with respect to financial institutions with respect to the 
        export and import of Indian goods and services; and
            (4) entering into financial arrangements to provide for the 
        export and import of Indian goods and services.
    (e) Priorities.--In carrying out the duties and activities 
described in subsections (b) and (c), the Secretary, acting through the 
Director, shall give priority to activities that--
            (1) provide the greatest degree of economic benefits to 
        Indians; and
            (2) foster long-term stable international markets for 
        Indian goods and services.

SEC. 203. INTERTRIBAL TOURISM DEMONSTRATION PROJECTS.

    (a) In General.--
            (1) Demonstration projects.--The Secretary, acting through 
        the Director, shall conduct a Native American tourism program 
        to facilitate the development and conduct of tourism 
        demonstration projects by Indian tribes, on a tribal, 
        intertribal, or regional basis.
            (2) Projects.--
                    (A) In general.--Under the program established 
                under this section, in order to assist in the 
                development and promotion of tourism on and in the 
                vicinity of Indian lands, the Secretary, acting through 
                the Director, shall, in coordination with the 
                Foundation, assist eligible entities in the planning, 
                development, and implementation of tourism development 
                demonstration projects that meet the criteria described 
                in subparagraph (B).
                    (B) Projects described.--In selecting tourism 
                development demonstration projects under this section, 
                the Secretary, acting through the Director, shall 
                select projects that have the potential to increase 
                travel and tourism revenues by attracting visitors to 
                Indian lands and in the vicinity of Indian lands, 
                including projects that provide for--
                            (i) the development and distribution of 
                        educational and promotional materials 
                        pertaining to attractions located on and near 
                        Indian lands;
                            (ii) the development of educational 
                        resources to assist in private and public 
                        tourism development on and in the vicinity of 
                        Indian lands; and
                            (iii) the coordination of tourism-related 
                        joint ventures and cooperative efforts between 
                        eligible entities and appropriate State and 
                        local governments that have jurisdiction over 
                        areas in the vicinity of Indian lands.
            (3) Grants.--To carry out the program under this section, 
        the Secretary, acting through the Director, may award grants or 
        enter into other appropriate arrangements with Indian tribes, 
        tribal organizations, intertribal consortia, or other tribal 
        entities that the Secretary, in consultation with the Director, 
        determines to be appropriate.
            (4) Locations.--In providing for tourism development 
        demonstration projects under the program under this section, 
        the Secretary, acting through the Director, shall provide for a 
        demonstration project to be conducted--
                    (A) for Indians of the Four Corners area located in 
                the area adjacent to the border between Arizona, Utah, 
                Colorado, and New Mexico;
                    (B) for Indians of the northwestern area that is 
                commonly known as the Great Northwest (as determined by 
                the Secretary);
                    (C) for the Oklahoma Indians in Oklahoma; and
                    (D) for the Indians of the Great Plains area (as 
                determined by the Secretary).
    (b) Studies.--The Secretary, acting through the Director, shall 
provide financial assistance, technical assistance, and administrative 
services to participants that the Secretary, acting through the 
Director, selects to carry out a tourism development project under this 
section, with respect to--
            (1) feasibility studies conducted as part of that project;
            (2) market analyses;
            (3) participation in tourism and trade missions; and
            (4) any other activity that the Secretary, in consultation 
        with the Director, determines to be appropriate to carry out 
        this section.
    (c) Infrastructure Development.--The demonstration projects 
conducted under this section shall include provisions to facilitate the 
development and financing of infrastructure, including the development 
of Indian reservation roads in a manner consistent with title 23, 
United States Code.

SEC. 204. REPORT TO CONGRESS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, the Secretary, in consultation 
with the Director, shall prepare and submit to the Committee on Indian 
Affairs of the Senate a report on the operation of the Office.
    (b) Contents of Report.--Each report prepared under subsection (a) 
shall include--
            (1) for the period covered by the report, a summary of the 
        activities conducted by the Secretary, acting through the 
        Director, in carrying out this title; and
            (2) any recommendations for legislation that the Secretary, 
        in consultation with the Director, determines to be necessary 
        to carry out this title.

SEC. 205. FOREIGN-TRADE ZONE PREFERENCES.

    (a) Preference in Establishment of Foreign-Trade Zones in Indian 
Enterprise Zones.--In processing applications for the establishment of 
foreign-trade zones pursuant to the Act entitled ``To provide for the 
establishment, operation, and maintenance of foreign-trade zones in 
ports of entry of the United States, to expedite and encourage foreign 
commerce, and for other purposes'', approved June 18, 1934 (19 U.S.C. 
81a et seq.), the Board shall consider, on a priority basis, and 
expedite, to the maximum extent practicable, the processing of any 
application involving the establishment of a foreign-trade zone on 
Indian lands, including any Indian lands designated as an empowerment 
zone or enterprise community pursuant to section 1391 of the Internal 
Revenue Code of 1986.
    (b) Application Procedure.--In processing applications for the 
establishment of ports of entry pursuant to the Act entitled ``An Act 
making appropriations for sundry civil expenses of the Government for 
the fiscal year ending June thirtieth, nineteen hundred and fifteen, 
and for other purposes'', approved August 1, 1914 (19 U.S.C. 2), the 
Secretary of the Treasury shall, with respect to any application 
involving the establishment of a port of entry that is necessary to 
permit the establishment of a foreign-trade zone on Indian lands--
            (1) consider on a priority basis; and
            (2) expedite, to the maximum extent practicable, the 
        processing of that application.
    (c) Application Evaluation.--In evaluating applications for the 
establishment of foreign-trade zones and ports of entry in connection 
with Indian lands, to the maximum extent practicable and consistent 
with applicable law, the Board and Secretary of the Treasury shall 
approve the applications.
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