[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2719 Enrolled Bill (ENR)]
S.2719
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
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 2000''.
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, each 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 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, Indian 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, 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;
(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 Native
American 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 (7) 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 Native Americans 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 Native
American economies by--
(A) encouraging the formation of new businesses by eligible
entities, and the expansion of existing businesses; and
(B) facilitating the movement of goods to and from Indian
lands 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 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 the number
of Indians at 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) Eligible entity.--The term ``eligible entity'' means an
Indian tribe or tribal organization, an Indian arts and crafts
organization, as that term is defined in 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), a tribal
enterprise, a tribal marketing cooperative (as that term is defined
by the Secretary, in consultation with the Secretary of the
Interior), 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) 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 originated by an eligible entity; and
(C) services provided by eligible entities.
(4) Indian lands.--
(A) In general.--The term ``Indian lands'' includes lands
under the definition of--
(i) the term ``Indian country'' under section 1151 of
title 18, United States Code; or
(ii) the term ``reservation'' under--
(I) section 3(d) of the Indian Financing Act of
1974 (25 U.S.C. 1452(d)); or
(II) section 4(10) of the Indian Child Welfare Act
of 1978 (25 U.S.C. 1903(10)).
(B) Former indian reservations in oklahoma.--For purposes
of applying section 3(d) of the Indian Financing Act of 1974
(25 U.S.C. 1452(d)) under subparagraph (A)(ii), the term
``former Indian reservations in Oklahoma'' shall be construed
to include lands that are--
(i) within the jurisdictional areas of an Oklahoma
Indian tribe (as determined by the Secretary of the
Interior); and
(ii) recognized by the Secretary of the Interior as
eligible for trust land status under part 151 of title 25,
Code of Federal Regulations (as in effect on the date of
enactment of this Act).
(5) 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).
(6) 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)).
(7) Secretary.--The term ``Secretary'' means the Secretary of
Commerce.
(8) Tribal enterprise.--The term ``tribal enterprise'' means a
commercial activity or business managed or controlled by an Indian
tribe.
(9) 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. 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 Act 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 Act 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) Interagency coordination.--The Secretary, acting through
the Director, shall coordinate Federal programs relating to Indian
economic development, including any such program of the Department
of the Interior, the Small Business Administration, the Department
of Labor, or any other Federal agency charged with Indian economic
development responsibilities.
(3) 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.
(4) Assistance.--In conjunction with the activities described
in paragraph (3), 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.
(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.
(6) 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. 5. 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 from 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. 6. INTERTRIBAL TOURISM DEMONSTRATION PROJECTS.
(a) Program To Conduct Tourism Projects.--
(1) In general.--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) Demonstration 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
Under Secretary of Agriculture for Rural Development, 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 lands 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;
(D) for the Indians of the Great Plains area (as determined
by the Secretary); and
(E) for Alaska Natives in Alaska.
(b) Assistance.--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. 7. 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 and the Committee on Resources of the House of
Representatives 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 sections 4 through 6; and
(2) any recommendations for legislation that the Secretary, in
consultation with the Director, determines to be necessary to carry
out sections 4 through 6.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act, to remain available until expended.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.