PUBLIC LAW 114–221—SEPT. 23, 2016 130 STAT. 847 

Public Law 114–221 

114th Congress 

An Act 

To enhance and integrate Native American tourism, empower Native American 

communities, increase coordination and collaboration between Federal tourism 

assets, and expand heritage and cultural tourism opportunities in the United 

States. 

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 Tourism and 

Improving Visitor Experience Act’’ or the ‘‘NATIVE Act’’. 

SEC. 2. PURPOSES. 

The purposes of this Act are— 

(1) to enhance and integrate Native American tourism— 

(A) to empower Native American communities; and 

(B) to advance the National Travel and Tourism 

Strategy; 

(2) to increase coordination and collaboration between Federal tourism assets to support Native American tourism and 

bolster recreational travel and tourism; 

(3) to expand heritage and cultural tourism opportunities 

in the United States to spur economic development, create 

jobs, and increase tourism revenues; 

(4) to enhance and improve self-determination and selfgovernance capabilities in the Native American community and 

to promote greater self-sufficiency; 

(5) to encourage Indian tribes, tribal organizations, and 

Native Hawaiian organizations to engage more fully in Native 

American tourism activities to increase visitation to rural and 

remote areas in the United States that are too difficult to 

access or are unknown to domestic travelers and international 

tourists; 

(6) to provide grants, loans, and technical assistance to 

Indian tribes, tribal organizations, and Native Hawaiian 

organizations that will— 

(A) spur important infrastructure development; 

(B) increase tourism capacity; and 

(C) elevate living standards in Native American 

communities; and 

(7) to support the development of technologically innovative 

projects that will incorporate recreational travel and tourism 

information and data from Federal assets to improve the visitor 

experience. 

Grants. 

Loans. 

25 USC 4351. 

25 USC 4351 

note. 

Native American 

Tourism and 

Improving Visitor 

Experience Act. 

Sept. 23, 2016 

[S. 1579] 


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130 STAT. 848 PUBLIC LAW 114–221—SEPT. 23, 2016 

SEC. 3. DEFINITIONS. 

In this Act: 

(1) AGENCY.—The term ‘‘agency’’ has the meaning given 

the term in section 551 of title 5, United States Code. 

(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 

given the term in section 4 of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 450b). 

(3) NATIVE HAWAIIAN ORGANIZATION.—The term ‘‘Native 

Hawaiian organization’’ means a nonprofit organization— 

(A) that serves the interests of Native Hawaiians; 

(B) in which Native Hawaiians serve in substantive 

and policymaking positions; and 

(C) that is recognized for having expertise in Native 

Hawaiian culture and heritage, including tourism. 

(4) TRIBAL ORGANIZATION.—The term ‘‘tribal organization’’ 

has the meaning given the term in section 4 of the Indian 

Self-Determination and Education Assistance Act (25 U.S.C. 

450b). 

SEC. 4. INTEGRATING FEDERAL TOURISM ASSETS TO STRENGTHEN 

NATIVE TOURISM OPPORTUNITIES. 

(a) SECRETARY OF COMMERCE AND SECRETARY OF THE

INTERIOR.—The Secretary of Commerce and the Secretary of the 

Interior shall update the respective management plans and tourism 

initiatives of the Department of Commerce and the Department 

of the Interior to include Indian tribes, tribal organizations, and 

Native Hawaiian organizations. 

(b) OTHER AGENCIES.—The head of each agency that has recreational travel or tourism functions or complementary programs 

shall update the respective management plans and tourism strategies of the agency to include Indian tribes, tribal organizations, 

and Native Hawaiian organizations. 

(c) NATIVE AMERICAN TOURISM PLANS.— 

(1) IN GENERAL.—The plans shall outline policy proposals— 

(A) to improve travel and tourism data collection and 

analysis; 

(B) to increase the integration, alignment, and utility 

of public records, publications, and Web sites maintained 

by Federal agencies; 

(C) to create a better user experience for domestic 

travelers and international visitors; 

(D) to align Federal agency Web sites and publications; 

(E) to support national tourism goals; 

(F) to identify agency programs that could be used 

to support tourism capacity building and help sustain 

tourism infrastructure in Native American communities; 

(G) to develop innovative visitor portals for parks, landmarks, heritage and cultural sites, and assets that showcase and respect the diversity of the indigenous peoples 

of the United States; 

(H) to share local Native American heritage through 

the development of bilingual interpretive and directional 

signage that could include or incorporate English and the 

local Native American language or languages; and 

(I) to improve access to transportation programs 

related to Native American community capacity building 

Plans. 

25 USC 4353. 

25 USC 4352. 


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PUBLIC LAW 114–221—SEPT. 23, 2016 130 STAT. 849 

for tourism and trade, including transportation planning 

for programs related to visitor enhancement and safety. 

(2) CONSULTATION WITH INDIAN TRIBES AND NATIVE AMERICANS.—In developing the plan under paragraph (1), the head 

of each agency shall consult with Indian tribes and the Native 

American community to identify appropriate levels of inclusion 

of the Indian tribes and Native Americans in Federal tourism 

activities, public records and publications, including Native 

American tourism information available on Web sites. 

(d) TECHNICAL ASSISTANCE.— 

(1) IN GENERAL.—The Secretary of the Interior, in consultation with the Secretary of Commerce, shall enter into a memorandum of understanding or cooperative agreement with an 

entity or organization with a demonstrated record in tribal 

communities of defining, introducing, developing, and sustaining American Indian, Alaska Native, and Native Hawaiian 

tourism and related activities in a manner that respects and 

honors native traditions and values. 

(2) COORDINATION.—The memorandum of understanding 

or cooperative agreement described in paragraph (1) shall formalize a role for the organization or entity to serve as a 

facilitator between the Secretary of the Interior and the Secretary of Commerce and the Indian tribes, tribal organizations, 

and Native Hawaiian organizations— 

(A) to identify areas where technical assistance is 

needed through consultations with Indian tribes, tribal 

organizations, and Native Hawaiian organizations to 

empower the Indian tribes, tribal organizations, and Native 

Hawaiian organizations to participate fully in the tourism 

industry; and 

(B) to provide a means for the delivery of technical 

assistance and coordinate the delivery of the assistance 

to Indian tribes, tribal organizations, and Native Hawaiian 

organizations in collaboration with the Secretary of the 

Interior, the Secretary of Commerce, and other entities 

with distinctive experience, as appropriate. 

(3) FUNDING.—Subject to the availability of appropriations, 

the head of each Federal agency, including the Secretary of 

the Interior, the Secretary of Commerce, the Secretary of 

Transportation, the Secretary of Agriculture, the Secretary of 

Health and Human Services, and the Secretary of Labor shall 

obligate any funds made available to the head of the agency 

to cover any administrative expenses incurred by the organization or entity described in paragraph (1) in carrying out programs or activities of the agency. 

(4) METRICS.—The Secretary of the Interior and the Secretary of Commerce shall coordinate with the organization or 

entity described in paragraph (1) to develop metrics to measure 

the effectiveness of the entity or organization in strengthening 

tourism opportunities for Indian tribes, tribal organizations, 

and Native Hawaiian organizations. 

(e) REPORTS.—Not later than 1 year after the date of enactment 

of this Act, and occasionally thereafter, the Secretary of the Interior 

and the Secretary of Commerce shall each submit to the Committee 

on Indian Affairs of the Senate and the Committee on Natural 

Resources of the House of Representatives a report that describes— 

Coordination. 

Consultation. 

Consultation. 

Memorandum. 

Contracts. 


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130 STAT. 850 PUBLIC LAW 114–221—SEPT. 23, 2016 

(1) the manner in which the Secretary of the Interior 

or the Secretary of Commerce, as applicable, is including Indian 

tribes, tribal organizations, and Native Hawaiian organizations 

in management plans; 

(2) the efforts of the Secretary of the Interior or the Secretary of Commerce, as applicable, to develop departmental 

and agency tourism plans to support tourism programs of 

Indian tribes, tribal organizations, and Native Hawaiian 

organizations; 

(3) the manner in which the entity or organization 

described in subsection (d)(1) is working to promote tourism 

to empower Indian tribes, tribal organizations, and Native 

Hawaiian organizations to participate fully in the tourism 

industry; and 

(4) the effectiveness of the entity or organization described 

in subsection (d)(1) based on the metrics developed under subsection (d)(4). 

SEC. 5. NATIVE AMERICAN TOURISM AND BRANDING ENHANCEMENT. 

(a) IN GENERAL.—The head of each agency shall— 

(1) take actions that help empower Indian tribes, tribal 

organizations, and Native Hawaiian organizations to showcase 

the heritage, foods, traditions, history, and continuing vitality 

of Native American communities; 

(2) support the efforts of Indian tribes, tribal organizations, 

and Native Hawaiian organizations— 

(A) to identify and enhance or maintain traditions and 

cultural features that are important to sustain the distinctiveness of the local Native American community; and 

(B) to provide visitor experiences that are authentic 

and respectful; 

(3) provide assistance to interpret the connections between 

the indigenous peoples of the United States and the national 

identity of the United States; 

(4) enhance efforts to promote understanding and respect 

for diverse cultures and subcultures in the United States and 

the relevance of those cultures to the national brand of the 

United States; and 

(5) enter into appropriate memoranda of understanding 

and establish public-private partnerships to ensure that 

arriving domestic travelers at airports and arriving international visitors at ports of entry are welcomed in a manner 

that both showcases and respects the diversity of Native American communities. 

(b) GRANTS.—To the extent practicable, grant programs relating 

to travel, recreation, or tourism administered by the Commissioner 

of the Administration for Native Americans, Chairman of the 

National Endowment for the Arts, Chairman of the National Endowment for the Humanities, or the head of an agency with assets 

or resources relating to travel, recreation, or tourism promotion 

or branding enhancement for which Indian tribes, tribal organizations, or Native Hawaiian organizations are eligible may be used— 

(1) to support the efforts of Indian tribes, tribal organizations, and Native Hawaiian organizations to tell the story of 

Native Americans as the First Peoples of the United States; 

Memorandum. 

Partnerships. 

25 USC 4354. 


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PUBLIC LAW 114–221—SEPT. 23, 2016 130 STAT. 851 

LEGISLATIVE HISTORY—S. 1579: 

HOUSE REPORTS: No. 114–721, Pt. 1 (Comm. on Natural Resources). 

SENATE REPORTS: No. 114–201 (Comm. on Indian Affairs). 

CONGRESSIONAL RECORD, Vol. 162 (2016): 

Apr. 25, considered and passed Senate. 

Sept. 12, considered and passed House. 

Æ 

(2) to use the arts and humanities to help revitalize Native 

communities, promote economic development, increase livability, and present the uniqueness of the United States to 

visitors in a way that celebrates the diversity of the United 

States; and 

(3) to carry out this section. 

(c) SMITHSONIAN.—The Advisory Council and the Board of 

Regents of the Smithsonian Institution shall work with Indian 

tribes, tribal organizations, Native Hawaiian organizations, and 

nonprofit organizations to establish long-term partnerships with 

non-Smithsonian museums and educational and cultural organizations— 

(1) to share collections, exhibitions, interpretive materials, 

and educational strategies; and 

(2) to conduct joint research and collaborative projects that 

would support tourism efforts for Indian tribes, tribal organizations, and Native Hawaiian organizations and carry out the 

intent of this section. 

SEC. 6. EFFECT. 

Nothing in this Act alters, or demonstrates congressional support for the alteration of, the legal relationship between the United 

States and any American Indian, Alaska Native, or Native 

Hawaiian individual, group, organization, or entity. 

Approved September 23, 2016. 

25 USC 4355. 

Partnerships. 


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