[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 401 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  1st Session
                                 S. 401

_______________________________________________________________________

                                 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 1999''.

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) 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 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.
            (3) 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)).
            (4) 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.
            (5) 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).
            (6) 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).
            (7) 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)).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (9) Tribal enterprise.--The term ``tribal enterprise'' 
        means a commercial activity or business managed or controlled 
        by an Indian tribe.
            (10) 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. 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 ``An Act 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 that application 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 the Secretary of the Treasury shall 
approve the applications.

SEC. 9. 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 September 15, 1999.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                                 S. 401

_______________________________________________________________________

                                 AN ACT

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