[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2719 Engrossed in Senate (ES)]
106th CONGRESS
2d Session
S. 2719
_______________________________________________________________________
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.
Passed the Senate June 28, 2000.
Attest:
Secretary.
106th CONGRESS
2d Session
S. 2719
_______________________________________________________________________
AN ACT
To provide for business development and trade promotion for Native
Americans, and for other purposes.
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