[Congressional Record Volume 145, Number 120 (Wednesday, September 15, 1999)]
[Senate]
[Pages S10956-S10958]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




NATIVE AMERICAN BUSINESS DEVELOPMENT, TRADE PROMOTION, AND TOURISM ACT 
                                OF 1999

  Mr. SHELBY. Mr. President, I ask unanimous consent the Senate now 
proceed to the consideration of Calendar No. 269, S. 401.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 401) to provide for business development and 
     trade promotion for Native Americans, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Indian Affairs with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:

     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.

[[Page S10957]]

       (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

[[Page S10958]]

     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.

  Mr. SHELBY. Mr. President, I ask unanimous consent the committee 
substitute amendment be agreed to, the bill be read a third time and 
passed, the motion to reconsider be laid upon the table, and any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee substitute amendment was agreed to.
  The bill (S. 401), as amended, was read the third time and passed.

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