    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-261
    116th Congress

    An Act

    To amend the Native American Business Development, Trade Promotion, and
    Tourism Act of 2000, the Buy Indian Act, and the Native American
    Programs Act of 1974 to provide industry and economic development
    opportunities to Indian communities. <>

    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 ``Indian Community Economic Enhancement
    Act of 2020''.
    SEC. 2. <>  FINDINGS.

    Congress finds that--
    (1)(A) to bring industry and economic development to Indian
    communities, Indian Tribes must overcome a number of barriers,
    including--
    (i) geographical location;
    (ii) lack of infrastructure or capacity;
    (iii) lack of sufficient collateral and capital; and
    (iv) regulatory bureaucracy relating to--
    (I) development; and
    (II) access to services provided by the
    Federal Government; and
    (B) the barriers described in subparagraph (A) often add to
    the cost of doing business in Indian communities;
    (2) Indian Tribes--
    (A) enact laws and exercise sovereign governmental
    powers;
    (B) determine policy for the benefit of Tribal
    members; and
    (C) produce goods and services for consumers;
    (3) the Federal Government has--
    (A) an important government-to-government
    relationship with Indian Tribes; and
    (B) a role in facilitating healthy and sustainable
    Tribal economies;
    (4) the input of Indian Tribes in developing Federal policy
    and programs leads to more meaningful and effective measures to
    assist Indian Tribes and Indian entrepreneurs in building Tribal
    economies;
    (5)(A) many components of Tribal infrastructure need
    significant repair or replacement; and
    (B) access to private capital for projects in Indian
    communities--

    [[Page 3307]]

    (i) may not be available; or
    (ii) may come at a higher cost than such access for
    other projects;
    (6)(A) Federal capital improvement programs, such as those
    that facilitate tax-exempt bond financing and loan guarantees,
    are tools that help improve or replace crumbling infrastructure;
    (B) lack of parity in treatment of an Indian Tribe as a
    governmental entity under Federal tax and certain other
    regulatory laws impedes, in part, the ability of Indian Tribes
    to raise capital through issuance of tax exempt debt, invest as
    an accredited investor, and benefit from other investment
    incentives accorded to State and local governmental entities;
    and
    (C) as a result of the disparity in treatment of Indian
    Tribes described in subparagraph (B), investors may avoid
    financing, or demand a premium to finance, projects in Indian
    communities, making the projects more costly or inaccessible;
    (7) there are a number of Federal loan guarantee programs
    available to facilitate financing of business, energy, economic,
    housing, and community development projects in Indian
    communities, and those programs may support public-private
    partnerships for infrastructure development, but improvements
    and support are needed for those programs specific to Indian
    communities to facilitate more effectively private financing for
    infrastructure and other urgent development needs; and
    (8)(A) most real property held by Indian Tribes is trust or
    restricted land that essentially cannot be held as collateral;
    and
    (B) while creative solutions, such as leasehold mortgages,
    have been developed in response to the problem identified in
    subparagraph (A), some solutions remain subject to review and
    approval by the Bureau of Indian Affairs, adding additional
    costs and delay to Tribal projects.
    SEC. 3. NATIVE AMERICAN BUSINESS DEVELOPMENT, TRADE PROMOTION, AND
    TOURISM ACT OF 2000.

    (a) Findings; Purposes.--Section 2 of the Native American Business
    Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4301)
    is amended by adding at the end the following:
    ``(c) Applicability to Indian-Owned Businesses.--The findings and
    purposes in subsections (a) and (b) shall apply to any Indian-owned
    business governed--
    ``(1) by Tribal laws regulating trade or commerce on Indian
    lands; or
    ``(2) pursuant to section 5 of the Act of August 15, 1876
    (19 Stat. 200, chapter 289; 25 U.S.C. 261).''.

    (b) Definitions.--Section 3 of the Native American Business
    Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4302)
    is amended--
    (1) by redesignating paragraphs (1) through (6) and
    paragraphs (7) through (9), as paragraphs (2) through (7) and
    paragraphs (9) through (11), respectively;
    (2) by inserting before paragraph (2) (as redesignated by
    paragraph (1)) the following:
    ``(1) Director.--The term `Director' means the Director of
    Native American Business Development appointed pursuant to
    section 4(a)(2).''; and

    [[Page 3308]]

    (3) by inserting after paragraph (7) (as redesignated by
    paragraph (1)) the following:
    ``(8) Office.--The term `Office' means the Office of Native
    American Business Development established by section 4(a)(1).''.

    (c) Office of Native American Business Development.--Section 4 of
    the Native American Business Development, Trade Promotion, and Tourism
    Act of 2000 (25 U.S.C. 4303) is amended--
    (1) in subsection (a)--
    (A) in paragraph (1)--
    (i) by striking ``Department of Commerce'' and
    inserting ``Office of the Secretary''; and
    (ii) by striking ``(referred to in this Act as
    the `Office')''; and
    (B) in paragraph (2), in the first sentence, by
    striking ``(referred to in this Act as the
    `Director')''; and
    (2) by adding at the end the following:

    ``(c) Duties of Director.--
    ``(1) In general.--The Director shall serve as--
    ``(A) the program and policy advisor to the
    Secretary with respect to the trust and governmental
    relationship between the United States and Indian
    Tribes; and
    ``(B) the point of contact for Indian Tribes, Tribal
    organizations, and Indians regarding--
    ``(i) policies and programs of the Department
    of Commerce; and
    ``(ii) other matters relating to economic
    development and doing business in Indian lands.
    ``(2) Departmental coordination.--The Director shall
    coordinate with all offices and agencies within the Department
    of Commerce to ensure that each office and agency has an
    accountable process to ensure--
    ``(A) meaningful and timely coordination and
    assistance, as required by this Act; and
    ``(B) <>  consultation with
    Indian Tribes regarding the policies, programs,
    assistance, and activities of the offices and agencies.
    ``(3) Office operations.--There are authorized to be
    appropriated to carry out this section not more than $2,000,000
    for each fiscal year.''.

    (d) Indian Community Development Initiatives.--The Native American
    Business Development, Trade Promotion, and Tourism Act of 2000 is
    amended--
    (1) by redesignating section 8 (25 U.S.C. 4307) as section
    10; and
    (2) by inserting after section 7 (25 U.S.C. 4306) the
    following:
    ``SEC. 8. <>  INDIAN COMMUNITY DEVELOPMENT
    INITIATIVES.

    ``(a) <>  Interagency Coordination.--Not later than
    1 year after the enactment of this section, the Secretary, the Secretary
    of the Interior, and the Secretary of the Treasury shall coordinate--
    ``(1) to develop initiatives that--
    ``(A) encourage, promote, and provide education
    regarding investments in Indian communities through--

    [[Page 3309]]

    ``(i) the loan guarantee program of Bureau of
    Indian Affairs under section 201 of the Indian
    Financing Act of 1974 (25 U.S.C. 1481);
    ``(ii) programs carried out using amounts in
    the Community Development Financial Institutions
    Fund established under section 104(a) of the
    Community Development Banking and Financial
    Institutions Act of 1994 (12 U.S.C. 4703(a)); and
    ``(iii) other capital development programs;
    ``(B) examine and develop alternatives that would
    qualify as collateral for financing in Indian
    communities; and
    ``(C) provide entrepreneur and other training
    relating to economic development through tribally
    controlled colleges and universities and other Indian
    organizations with experience in providing such
    training;
    ``(2) <>  to consult with Indian
    Tribes and with the Securities and Exchange Commission to study,
    and collaborate to establish, regulatory changes necessary to
    qualify an Indian Tribe as an accredited investor for the
    purposes of sections 230.500 through 230.508 of title 17, Code
    of Federal Regulations (or successor regulations), consistent
    with the goals of promoting capital formation and ensuring
    qualifying Indian Tribes have the ability to withstand
    investment loss, on a basis comparable to other legal entities
    that qualify as accredited investors who are not natural
    persons;
    ``(3) to identify regulatory, legal, or other barriers to
    increasing investment, business, and economic development,
    including qualifying or approving collateral structures,
    measurements of economic strength, and contributions of Indian
    economies in Indian communities through the Authority
    established under section 4 of the Indian Tribal Regulatory
    Reform and Business Development Act of 2000 (25 U.S.C. 4301
    note);
    ``(4) <>  to ensure consultation with
    Indian Tribes regarding increasing investment in Indian
    communities and the development of the report required in
    paragraph (5); and
    ``(5) <>  not less than once
    every 2 years, to provide a report to Congress regarding--
    ``(A) <>  improvements to
    Indian communities resulting from such initiatives and
    recommendations for promoting sustained growth of the
    Tribal economies;
    ``(B) results of the study and collaboration
    regarding the necessary changes referenced in paragraph
    (2) and the impact of allowing Indian Tribes to qualify
    as an accredited investor; and
    ``(C) the identified regulatory, legal, and other
    barriers referenced in paragraph (3).

    ``(b) Waiver.--For assistance provided pursuant to section 108 of
    the Community Development Banking and Financial Institutions Act of 1994
    (12 U.S.C. 4707) to benefit Native Community Development Financial
    Institutions, as defined by the Secretary of the Treasury, section
    108(e) of such Act shall not apply.
    ``(c) Indian Economic Development Feasibility Study.--
    ``(1) <>  In general.--
    The Government Accountability Office shall conduct a study and,
    not later than 18 months after the date of enactment of this
    subsection, submit to the Committee on Indian Affairs of the
    Senate and the Committee

    [[Page 3310]]

    on Natural Resources of the House of Representatives a report on
    the findings of the study and recommendations.
    ``(2) <>  Contents.--The study shall
    include an assessment of each of the following:
    ``(A) In general.--The study shall assess current
    Federal capitalization and related programs and services
    that are available to assist Indian communities with
    business and economic development, including
    manufacturing, physical infrastructure (such as
    telecommunications and broadband), community
    development, and facilities construction for such
    purposes. For each of the Federal programs and services
    identified, the study shall assess the current use and
    demand by Indian Tribes, individuals, businesses, and
    communities of the programs, the capital needs of Indian
    Tribes, businesses, and communities related to economic
    development, the extent to which the programs and
    services overlap or are duplicative, and the extent that
    similar programs have been used to assist non-Indian
    communities compared to the extent used for Indian
    communities.
    ``(B) Financing assistance.--The study shall assess
    and quantify the extent of assistance provided to non-
    Indian borrowers and to Indian (both Tribal and
    individual) borrowers (including information about such
    assistance as a percentage of need for Indian borrowers
    and for non-Indian borrowers, assistance to Indian
    borrowers and to non-Indian borrowers as a percentage of
    total applicants, and such assistance to Indian
    borrowers as individuals as compared to such assistance
    to Indian Tribes) through the loan programs, the loan
    guarantee programs, or bond guarantee programs of the--
    ``(i) Department of the Interior;
    ``(ii) Department of Agriculture;
    ``(iii) Department of Housing and Urban
    Development;
    ``(iv) Department of Energy;
    ``(v) Small Business Administration; and
    ``(vi) Community Development Financial
    Institutions Fund of the Department of the
    Treasury.
    ``(C) Tax incentives.--The study shall assess and
    quantify the extent of the assistance and allocations
    afforded for non-Indian projects and for Indian projects
    pursuant to each of the following tax incentive
    programs:
    ``(i) New market tax credit.
    ``(ii) Low income housing tax credit.
    ``(iii) Investment tax credit.
    ``(iv) Renewable energy tax incentives.
    ``(v) Accelerated depreciation.
    ``(D) Tribal investment incentive.--The study shall
    assess various alternative incentives that could be
    provided to enable and encourage Tribal governments to
    invest in an Indian community development investment
    fund or bank.''.

    (e) Conforming and Technical Amendments.--The Native American
    Business Development, Trade Promotion, and Tourism Act of 2000 (25
    U.S.C. 4301 et seq.) is amended--
    (1) <>  in section 3--

    [[Page 3311]]

    (A) in each of paragraphs (1), (4), and (8), by
    striking ``tribe'' and inserting ``Tribe''; and
    (B) in paragraph (6), by striking ``The term `Indian
    tribe' has the meaning given that term'' and inserting
    ``The term `Indian Tribe' has the meaning given the term
    `Indian tribe' '';
    (2) <>  by striking ``tribes'' each
    place the term appears and inserting ``Tribes''; and
    (3) <>  by striking
    ``tribal'' each place the term appears and inserting ``Tribal''.
    SEC. 4. BUY INDIAN ACT.

    Section 23 of the Act of June 25, 1910 (commonly known as the ``Buy
    Indian Act'') (36 Stat. 861, chapter 431; 25 U.S.C. 47), is amended to
    read as follows:
    ``SEC. 23. EMPLOYMENT OF INDIAN LABOR AND PURCHASE OF PRODUCTS OF
    INDIAN INDUSTRY; PARTICIPATION IN MENTOR-
    PROTEGE PROGRAM.

    ``(a) Definitions.--In this section:
    ``(1) Indian economic enterprise.--The term `Indian economic
    enterprise' has the meaning given the term in section 1480.201
    of title 48, Code of Federal Regulations (or successor
    regulations).
    ``(2) Mentor firm; protege firm.--The terms `mentor firm'
    and `protege firm' have the meanings given those terms in
    section 831(c) of the National Defense Authorization Act for
    Fiscal Year 1991 (10 U.S.C. 2302 note; Public Law 101-510).
    ``(3) Secretaries.--The term `Secretaries' means--
    ``(A) the Secretary of the Interior; and
    ``(B) the Secretary of Health and Human Services.

    ``(b) Enterprise Development.--
    ``(1) In general.--Unless determined by one of the
    Secretaries to be impracticable and unreasonable--
    ``(A) Indian labor shall be employed; and
    ``(B) purchases of Indian industry products
    (including printing and facilities construction,
    notwithstanding any other provision of law) may be made
    in open market by the Secretaries.
    ``(2) Mentor-protege program.--
    ``(A) In general.--Participation in the Mentor-
    Protege Program established under section 831(a) of the
    National Defense Authorization Act for Fiscal Year 1991
    (10 U.S.C. 2302 note; Public Law 101-510) or receipt of
    assistance under a developmental assistance agreement
    under that program shall not render any individual or
    entity involved in the provision of Indian labor or an
    Indian industry product ineligible to receive assistance
    under this section.
    ``(B) Treatment.--For purposes of this section, no
    determination of affiliation or control (whether direct
    or indirect) may be found between a protege firm and a
    mentor firm on the basis that the mentor firm has
    provided, or agreed to provide, to the protege firm,
    pursuant to a mentor-protege agreement, any form of
    developmental assistance described in section 831(f) of
    the National Defense Authorization Act for Fiscal Year
    1991 (10 U.S.C. 2302 note; Public Law 101-510).

    [[Page 3312]]

    ``(c) Implementation.--In carrying out this section, the Secretaries
    shall--
    ``(1) conduct outreach to Indian industrial entities;
    ``(2) provide training;
    ``(3) <>  promulgate regulations in
    accordance with this section and with the regulations under part
    1480 of title 48, Code of Federal Regulations (or successor
    regulations), to harmonize the procurement procedures of the
    Department of the Interior and the Department of Health and
    Human Services, to the maximum extent practicable;
    ``(4) <>  require regional offices of the
    Bureau of Indian Affairs and the Indian Health Service to
    aggregate data regarding compliance with this section;
    ``(5) <>  require procurement management
    reviews by their respective Departments to include a review of
    the implementation of this section; and
    ``(6) <>  consult with Indian Tribes,
    Indian industrial entities, and other stakeholders regarding
    methods to facilitate compliance with--
    ``(A) this section; and
    ``(B) other small business or procurement goals.

    ``(d) Report.--
    ``(1) <>  In general.--Not later than 1
    year after the date of enactment of this section, and not less
    frequently than once every 2 years thereafter, each of the
    Secretaries shall submit to the Committee on Indian Affairs of
    the Senate and the Committee on Natural Resources of the House
    of Representatives a report describing, during the period
    covered by the report, the implementation of this section by
    each of the respective Secretaries.
    ``(2) Contents.--Each report under this subsection shall
    include, for each fiscal year during the period covered by the
    report--
    ``(A) the names of each agency under the respective
    jurisdiction of each of the Secretaries to which this
    section has been applied, and efforts made by additional
    agencies within the Secretaries' respective Departments
    to use the procurement procedures under this Act;
    ``(B) <>  a summary of the types of
    purchases made from, and contracts (including any
    relevant modifications, extensions, or renewals) awarded
    to, Indian economic enterprises, expressed by agency
    region;
    ``(C) a description of the percentage increase or
    decrease in total dollar value and number of purchases
    and awards made within each agency region, as compared
    to the totals of the region for the preceding fiscal
    year;
    ``(D) a description of the methods used by
    applicable contracting officers and employees to conduct
    market searches to identify qualified Indian economic
    enterprises;
    ``(E) <>  a summary of all
    deviations granted under section 1480.403 of title 48,
    Code of Federal Regulations (or successor regulations),
    including a description of--
    ``(i) the types of alternative procurement
    methods used, including any Indian owned
    businesses reported under other procurement goals;
    and
    ``(ii) the dollar value of any awards made
    pursuant to those deviations;

    [[Page 3313]]

    ``(F) <>  a summary of all
    determinations made to provide awards to Indian economic
    enterprises, including a description of the dollar value
    of the awards;
    ``(G) <>  a description or summary
    of the total number and value of all purchases of, and
    contracts awarded for, supplies, services, and
    construction (including the percentage increase or
    decrease, as compared to the preceding fiscal year)
    from--
    ``(i) Indian economic enterprises; and
    ``(ii) non-Indian economic enterprises;
    ``(H) <>  any
    administrative, procedural, legal, or other barriers to
    achieving the purposes of this section, together with
    recommendations for legislative or administrative
    actions to address those barriers; and
    ``(I) for each agency region--
    ``(i) the total amount spent on purchases made
    from, and contracts awarded to, Indian economic
    enterprises; and
    ``(ii) a comparison of the amount described in
    clause (i) to the total amount that the agency
    region would likely have spent on the same
    purchases made from a non-Indian economic
    enterprise or contracts awarded to a non-Indian
    economic enterprise.

    ``(e) Goals.--Each agency shall establish an annual minimum
    percentage goal for procurement in compliance with this section.''.
    SEC. 5. NATIVE AMERICAN PROGRAMS ACT OF 1974.

    (a) Financial Assistance for Native American Projects.--Section 803
    of the Native American Programs Act of 1974 (42 U.S.C. 2991b) is
    amended--
    (1) by redesignating subsections (b) through (d) as
    subsections (c) through (e), respectively; and
    (2) by inserting after subsection (a) the following:

    ``(b) Economic Development.--
    ``(1) In general.--The Commissioner may provide assistance
    under subsection (a) for projects relating to the purposes of
    this title to a Native community development financial
    institution, as defined by the Secretary of the Treasury.
    ``(2) Priority.--With regard to not less than 50 percent of
    the total amount available for assistance under this section,
    the Commissioner shall give priority to any application seeking
    assistance for--
    ``(A) the development of a Tribal code or court
    system for purposes of economic development, including
    commercial codes, training for court personnel,
    regulation pursuant to section 5 of the Act of August
    15, 1876 (19 Stat. 200, chapter 289; 25 U.S.C. 261), and
    the development of nonprofit subsidiaries or other
    Tribal business structures;
    ``(B) the development of a community development
    financial institution, including training and
    administrative expenses; or
    ``(C) the development of a Tribal master plan for
    community and economic development and
    infrastructure.''.

    (b) Technical Assistance and Training.--Section 804 of the Native
    American Programs Act of 1974 (42 U.S.C. 2991c) is amended--

    [[Page 3314]]

    (1) in the matter preceding paragraph (1), by striking ``The
    Commissioner'' and inserting the following:

    ``(a) In General.--The Commissioner''; and
    (2) by adding at the end the following:

    ``(b) Priority.--In providing assistance under subsection (a), the
    Commissioner shall give priority to any application described in section
    803(b)(2).''.
    (c) Authorization of Appropriations.--Section 816 of the Native
    American Programs Act of 1974 (42 U.S.C. 2992d) is amended--
    (1) by striking ``803(d)'' each place it appears and
    inserting ``803(e)''; and
    (2) in subsection (a)--
    (A) by striking ``such sums as may be necessary''
    and inserting ``$34,000,000''; and
    (B) by striking ``1999, 2000, 2001, and 2002'' and
    inserting ``2021 through 2025''.

    (d) Conforming and Technical Amendments.--The Native American
    Programs Act of 1974 (42 U.S.C. 2991 et seq.) is amended--
    (1) <>  by striking
    ``tribe'' each place the term appears and inserting ``Tribe'';
    (2) <>  by striking ``tribes''
    each place the term appears and inserting ``Tribes''; and
    (3) <>  by striking
    ``tribal'' each place the term appears and inserting ``Tribal''.

    Approved December 30, 2020.

    LEGISLATIVE HISTORY--S. 212:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 116-605, Pt. 1 (Comm. on Natural Resources).
    SENATE REPORTS: No. 116-28 (Comm. on Indian Affairs).
    CONGRESSIONAL RECORD:
    Vol. 165 (2019):
    June 27, considered and passed
    Senate.
    Vol. 166 (2020):
    Dec. 3, considered and passed House,
    amended.
    Dec. 17, Senate concurred in House
    amendment.