[Senate Report 117-234]
[From the U.S. Government Publishing Office]


                                                    Calendar No. 592
117th Congress      }                            {          Report
                                 SENATE
 2d Session         }                            {          117-234

======================================================================
 
   A BILL TO AMEND THE NATIVE AMERICAN TOURISM AND IMPROVING VISITOR 
      EXPERIENCE ACT TO AUTHORIZE GRANTS TO INDIAN TRIBES, TRIBAL 
    ORGANIZATIONS, AND NATIVE HAWAIIAN ORGANIZATIONS, AND FOR OTHER 
                                PURPOSES

                                _______
                                

                December 6, 2022.--Ordered to be printed

                                _______
                                

           Mr. Schatz, from the Committee on Indian Affairs, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3789]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Indian Affairs, to which was referred the 
bill, S. 3789, to amend the Native American Tourism and 
Improving Visitor Experience Act to authorize grants to Indian 
tribes, tribal organizations, and Native Hawaiian 
organizations, and for other purposes, having considered the 
same, reports favorably thereon with an amendment, in the 
nature of a substitute, and recommends that the bill, as 
amended, do pass.

                                PURPOSE

    S. 3789 would clarify that Bureau of Indian Affairs (BIA) 
and the Office of Native Hawaiian Relations (ONHR) have the 
authority to issue grants established under the Native American 
Tourism and Improving Visitor Experience (NATIVE) Act and 
authorizes appropriations for those purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    In 2016, Congress enacted the NATIVE Act.\1\ A key purpose 
of the NATIVE Act is to provide grants, loans, and technical 
assistance to Indian Tribes, Tribal organizations, and Native 
Hawaiian organizations to assist in developing tourism in 
Native communities and enhancing opportunities for visitors to 
learn about Native American history, culture, traditional 
foods, languages, and arts.
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    \1\Pub. L. No. 114-221, 130 Stat. 847.
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    The NATIVE Act provides funding for grants to meet the 
purposes of the law, but it does not authorize BIA or ONHR to 
issue the grants, which led to implementation challenges.\2\ 
The amendments to the NATIVE Act in S. 3789 correct this issue 
by clearly authorizing the BIA and ONHR, along with several 
other federal agencies, to issue these grants.
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    \2\For example, in FY 2022, the Department of the Interior 
partnered with the National Park Service to issue NATIVE Act grants to 
eligible Native Hawaiian organizations because ONHR currently does not 
have grant issuing authority.
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                           SUMMARY OF S. 3789

    S. 3789 amends the NATIVE Act to authorize the BIA, ONHR, 
and other federal agencies to implement grant programs for 
Tribes, Tribal organizations, and Native Hawaiian 
organizations; and provides for authorization of appropriations 
of such sums as necessary to carry out grant-making activities.

       SECTION-BY-SECTION ANALYSIS OF S. 3789 AS ORDERED REPORTED

Section 1. Native American Tourism grant programs

    This section makes technical edits to the NATIVE Act (25 
U.S.C. 4351 et seq.) in order to authorize the BIA and ONHR to 
make grants to Indian Tribes and Native Hawaiian organizations. 
The heads of other federal agencies, including the Secretaries 
of Commerce, Transportation, Agriculture, Health and Human 
Services, and Labor, may also make grants to Indian Tribes, 
Tribal organizations, Native Hawaiian organizations under the 
NATIVE Act. This section also authorizes appropriations in such 
sums as necessary to implement the grant program.

                          LEGISLATIVE HISTORY

    Senator Brian Schatz (D-HI) introduced S. 3789 on March 10, 
2022. The Senate referred the bill to the Senate Committee on 
Indian Affairs on the same day. On March 23, 2022, the 
Committee held a legislative hearing to consider the bill. On 
May 17, 2022, Senator Lisa Murkowski (R-AK) joined as a co-
sponsor. On May 18, 2022, the Committee met at a duly convened 
business meeting to consider S. 3789. Senator Schatz timely 
filed one amendement in the nature of a substitute to provide 
additional federal agencies with authority to implement the 
NATIVE Act grant program. Senator Schatz withdrew this 
amendment. Senators Schatz and Murkowski filed an untimely 
amendment in the nature of a substitute to provide additional 
federal agencies with authority to implement the NATIVE Act 
grant program. Pursuant to Committee Rule 5(c), the Schatz-
Murkowski amendment was adopted and S. 3789 was ordered to be 
reported favorably with an amendment in the nature of a 
substitute. At this time, there is no House companion bill.

                   COST AND BUDGETARY CONSIDERATIONS

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 27, 2022.
Hon. Brian Schatz,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed table summarizing estimated budgetary 
effects and mandates information for some of the legislation 
that has been ordered reported by the Senate Committee on 
Indian Affairs during the 117th Congress.
    If you wish further details, we will be pleased to provide 
them. The CBO staff contact for each estimate is listed on the 
enclosed table.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

                                                                      ESTIMATED BUDGETARY EFFECTS AND MANDATES INFORMATION
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                                                                                                                           Spending Subject  Pay-As-You-Go   Long-Term
   Bill          Title          Status        Last Action       Budget Function    Direct Spending,     Revenues, 2023-   to Appropriation,    Procedures     Point of     Mandates     Contact
  Number                                                                               2023-2032             2032             2023-2027          Apply?        Order?
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S. 3789     a bill to amend  Ordered               05/18/22                 450                   0                   0   Not estimated      No             No           No           Julia Aman
             the Native       reported
             American
             Tourism and
             Improving
             Visitor
             Experience Act
             to authorize
             grants to
             Indian tribes,
             tribal
             organizations,
             and Native
             Hawaiian
             organizations,
             and for other
             purposes
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S. 3789 would authorize the appropriation of whatever amounts are necessary for the Bureau of Indian Affairs and the Office of Native Hawaiian Relations to award grants to Indian tribes,
  tribal organizations, and Native Hawaiian organizations for activities related to recreational travel and tourism. CBO estimates that enacting S. 3789 would not affect direct spending or
  revenues. CBO has not estimated the discretionary costs of implementing the bill. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform
  Act.

               REGULATORY AND PAPERWORK IMPACT STATEMENT

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that S. 3789 will 
have minimal impact on regulatory or paperwork requirements.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 3789.

                        CHANGES IN EXISTING LAW

    On February 11, 2021 the Committee unanimously approved a 
motion to waive subsection 12 of rule XXVI of the Standing 
Rules of the Senate. In the opinion of the Committee, it is 
necessary to dispense with subsection 12 of rule XXVI of the 
Standing Rules of the Senate to expedite the business of the 
Senate.

                                  [all]