[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2282 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2282

To encourage the efficient use of existing resources and assets related 
  to Indian agricultural research, development and exports within the 
    United States Department of Agriculture, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 23, 2000

Mr. Campbell (for himself, Mr. Johnson, and Mr. Inouye) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

_______________________________________________________________________

                                 A BILL


 
To encourage the efficient use of existing resources and assets related 
  to Indian agricultural research, development and exports within the 
    United States Department of Agriculture, 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 Agricultural 
Research, Development and Export Enhancement Act of 2000''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (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, each 
        successive President has reaffirmed 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 all Federal departments and agencies 
        that obligated all such departments and agencies, particularly 
        those that have an impact on economic development, to evaluate 
        the potential impacts of their actions on Indian tribes.
            (4) The United States has an obligation to guard and 
        preserve the agricultural and related renewable resources of 
        Indian tribes in order to foster strong tribal governments, 
        Indian self-determination, and economic self-sufficiency among 
        Indian tribes.
            (5) 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, 
        Native Americans suffer higher rates of unemployment, poverty, 
        poor health, substandard housing, and associated social ills 
        than those of any other group in the United States.
            (6) Reservation-based Indians tend to be the most rural of 
        any minority group. They tend to be geographically isolated, 
        resource limited, and the least likely of any farm group to 
        receive payment or loans from the United States.
            (7) Indian land represents close to 55,000,000 acres, or 
        about 2 percent of the United States land base, with nearly 
        47,000,000 of these acres consisting of range and cropland.
            (8) Indian agriculture constitutes the second largest 
        revenue generator and employer in Indian country and is not 
        limited to farming and ranching, but often includes such 
        products as forestry, bison, wild rice and fruits, cotton, 
        tobacco and other Native-made or grown products.
            (9) Because of the lack of Federal intra-agency and inter-
        agency coordination in agriculture programs and policies, the 
        development of Indian agriculture and related tribal business 
        and economic development potential has been hindered.
            (10) It is estimated that about 20 percent of reservation 
        grazing land and about 70 percent of cropland is leased to non-
        Indian producers.
            (11) American Indians today use their lands and natural 
        resources for agriculture and agribusiness to provide food and 
        other staples for consumption, improving their economic self-
        sufficiency, agriculture income and reservation employment.
            (12) Although there are many programs within Department of 
        Agriculture for which tribal and individual Indian producers 
        are eligible, Indian producers have not fully benefited from 
        these programs because of insufficient coordination within the 
        Department of Agriculture.
            (13) 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.
            (14) The economic success and material well-being of Native 
        American communities depends on the combined efforts of the 
Federal Government, tribal governments, the private sector, and 
individuals.
    (b) Purpose.--It is the purpose of this Act to--
            (1) promote the coordination of existing agricultural and 
        related programs within the Department of Agriculture to 
        provide the maximum benefit to Indian tribes and their members;
            (2) 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 
        Indian tribes;
            (3) through improving the administration of Federal 
        program, improve the access of Indian tribes to capital, 
        specialty markets, export promotions, and marketing assistance 
        that non-Indian agriculture producers currently have access to;
            (4) improve the development and coordination of Indian 
        agriculture and related value-added industries to promote self-
        sustaining Native economies and communities; and
            (5) promote economic self-sufficiency and political self-
        determination for Indian tribes and members of Indian tribes.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Eligible entity.--The term ``eligible entity'' means an 
        Indian tribe, a tribal organization, a tribal enterprise, a 
        tribal marketing cooperative, or any other Indian-owned 
        business.
            (2) 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)).
            (3) Indian goods and services.--The term ``Indian goods and 
        services'' means--
                    (A) goods produced or originated by an eligible 
                entity; or
                    (B) services provided by eligible entities.
            (4) 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 interest of the entity is owned by Indians or Indian 
        tribes (or a combination thereof).
            (5) 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)).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (7) Tribal enterprise.--The term ``tribal enterprise'' 
        means a commercial activity or business managed or controlled 
        by an Indian tribe.
            (8) 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)).

SEC. 4. NATIVE AMERICAN RESEARCH, DEVELOPMENT AND EXPORT OFFICE

    (a) In General.--
            (1) Establishment.--There is established within the 
        Department of Agriculture a Native American Agricultural 
        Research, Development and Export Office (referred to this Act 
        as the ``Office'').
            (2) Director.--The Office shall be headed by a Director of 
        the Native American Agricultural Research, Development and 
        Export Office (referred to in this Act as ``Director'') to be 
        appointed by the Secretary. The Director shall be compensated 
        at a rate not to exceed that for 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 all programs that 
        provide assistance to Native American communities within the 
        following 7 mission areas of the Department of Agriculture:
                    (A) Farm and foreign agricultural services.
                    (B) Food, nutrition, and consumer services.
                    (C) Food safety.
                    (D) Marketing and regulatory programs.
                    (E) Natural resources and environment.
                    (F) Research, education and economics.
                    (G) Rural development.
            (2) Activities.--In carrying out paragraph (1), the 
        Secretary, acting through the Director, shall ensure the 
        coordination of, or, as appropriate, carry out--
                    (A) activities to promote Indian agricultural 
                programs, including the development of domestic and 
                international trade programs;
                    (B) activities to facilitate water and waste 
                programs, housing, utility and other infrastructure 
                development with respect to Native American 
                communities;
                    (C) activities to provide assistance to Indian 
                tribal college programs;
                    (D) activities to implement rural economic 
                development programs for Native American communities; 
                and
                    (E) activities to promote food and nutrition 
                services for Native American communities.
            (3) Interagency coordination.--In carrying out Department 
        of Agriculture programs, the Secretary, acting through the 
        Director, shall coordinate with other Federal agencies, 
        including the Department of Energy, the Department of Housing 
        and Urban Development, the Department of the Interior, the 
        Department of Justice, the Department of Commerce, or any other 
        Federal agency responsible for administering related Indian 
        programs.
            (4) 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 in--
                            (i) identifying and taking advantage of 
                        business development opportunities; and
                            (ii) complying 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.
            (5) Priorities.--In carrying out the duties and activities 
        described in paragraphs (3) and (4), 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.

SEC. 5. NATIVE AMERICAN TRADE AND EXPORT PROMOTION.

    (a) In General.--The Secretary, acting through the Director, shall 
establish and implement 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 that are 
designed to--
            (1) develop the economies of Indian tribes; and
            (2) stimulate the demand for Indian goods and services that 
        are available from eligible entities.
    (c) Activities.--In carrying out subsection (b), the Secretary, 
acting through the Director, shall ensure the coordination of, or, as 
appropriate, carry out--
            (1) Federal programs that are designed to provide technical 
        or financial assistance to eligible entities;
            (2) activities to develop promotional materials for 
        eligible entities;
            (3) activities for the financing of appropriate trade 
        missions;
            (4) activities for the marketing of related Indian goods 
        and services;
            (5) activities for 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 in--
            (1) identifying appropriate markets for Indian goods and 
        services;
            (2) entering the markets referred to in paragraph (1);
            (3) complying with foreign or domestic laws and practices 
        with respect to financial institutions concerning the export 
        and import of Indian goods and services; and
            (4) entering into financial arrangements to provide for the 
        export and trade of Indian agricultural and related products.
    (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.
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