### §4301. 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 chapter 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.

#### (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 261 of this title.

(Pub. L. 106–464, §2, Nov. 7, 2000, 114 Stat. 2012; Pub. L. 116–261, §3(a), (e)(2), (3), Dec. 30, 2020, 134 Stat. 3307, 3311.)

#### **Editorial Notes**

#### Amendments

2020—Subsec. (a). Pub. L. 116–261, §3(e)(2), (3), substituted "Tribes" for "tribes" and "Tribal" for "tribal" wherever appearing.

Subsec. (b). Pub. L. 116–261, §3(e)(2), substituted "Tribes" for "tribes" wherever appearing.

Subsec. (c). Pub. L. 116–261, §3(a), added subsec. (c).

#### **Statutory Notes and Related Subsidiaries**

#### Short Title of 2020 Amendment

Pub. L. 116–261, §1, Dec. 30, 2020, 134 Stat. 3306, provided that: "This Act [enacting section 4306a of this title, amending this section and sections 47, 4302 to 4305, and 4307 of this title and sections 2991b, 2991b–2, 2991b–3, 2991c, 2992c, and 2992d of Title 42, The Public Health and Welfare, and enacting provisions set out as a note under this section] may be cited as the 'Indian Community Economic Enhancement Act of 2020'."

#### Short Title

Pub. L. 106–464, §1, Nov. 7, 2000, 114 Stat. 2012, provided that: "This Act [enacting this chapter] may be cited as the 'Native American Business Development, Trade Promotion, and Tourism Act of 2000'."

#### Findings

Pub. L. 116–261, §2, Dec. 30, 2020, 134 Stat. 3306, provided that: "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—

"(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."

#### Tribal Promise Zones

Pub. L. 115–334, title XII, §12510, Dec. 20, 2018, 132 Stat. 4990, provided that:

"(a) In General.—In this section, the term 'Tribal Promise Zone' means an area that—

"(1) is nominated by 1 or more Indian tribes (as defined in section 4(13) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(13))) for designation as a Tribal Promise Zone (in this section referred to as a 'nominated zone');

"(2) has a continuous boundary; and

"(3) the Secretary [of Agriculture] designates as a Tribal Promise Zone, after consultation with the Secretary of Commerce, the Secretary of Education, the Attorney General, the Secretary of the Interior, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of the Treasury, the Secretary of Transportation, and other agencies as appropriate.

"(b) Authorization and Number of Designations.—Not later than 1 year after the date of enactment of this Act [Dec. 20, 2018], the Secretary shall nominate a minimum number of nominated zones, as determined by the Secretary in consultation with Indian tribes, to be designated as Tribal Promise Zones.

"(c) Period of Designations.—

"(1) In general.—The Secretary shall designate nominated zones as Tribal Promise Zones before January 1, 2020.

"(2) Effective dates of designations.—The designation of any Tribal Promise Zone shall take effect—

"(A) for purposes of priority consideration in Federal grant programs and initiatives (other than this section), upon execution of the Tribal Promise Zone agreement with the Secretary; and

"(B) for purposes of this section, on January 1 of the first calendar year beginning after the date of the execution of the Tribal Promise Zone agreement.

"(3) Termination of designations.—The designation of any Tribal Promise Zone shall end on the earlier of—

"(A)(i) with respect to a Tribal Promise Zone not described in paragraph (4), the end of the 10-year period beginning on the date that such designation takes effect; or

"(ii) with respect to a Tribal Promise Zone described in paragraph (4), the end of the 10-year period beginning on the date the area was designated as a Tribal Promise Zone before the date of the enactment of this Act; or

"(B) the date of the revocation of such designation.

"(4) Application to certain zones already designated.—In the case of any area designated as a Tribal Promise Zone by the Secretary before the date of the enactment of this Act, such area shall be deemed a Tribal Promise Zone designated under this section (notwithstanding whether any such designation has been revoked before the date of the enactment of this Act) and shall reduce the number of Tribal Promise Zones remaining to be designated under paragraph (1).

"(d) Limitations on Designations.—No area may be designated under this section unless—

"(1) the entities nominating the area have the authority to nominate the area of designation under this section;

"(2) such entities provide written assurances satisfactory to the Secretary that the competitiveness plan described in the application under subsection (e) for such area will be implemented and that such entities will provide the Secretary with such data regarding the economic conditions of the area (before, during, and after the area's period of designation as a Tribal Promise Zone) as the Secretary may require; and

"(3) the Secretary determines that any information furnished is reasonably accurate.

"(e) Application.—No area may be designated under this section unless the application for such designation—

"(1) demonstrates that the nominated zone satisfies the eligibility criteria described in subsection (a); and

"(2) includes a competitiveness plan that—

"(A) addresses the need of the nominated zone to attract investment and jobs and improve educational opportunities;

"(B) leverages the nominated zone's economic strengths and outlines targeted investments to develop competitive advantages;

"(C) demonstrates collaboration across a wide range of stakeholders;

"(D) outlines a strategy that connects the nominated zone to drivers of regional economic growth; and

"(E) proposes a strategy for focusing on increased access to high quality affordable housing and improved public safety.

"(f) Selection Criteria.—

"(1) In general.—From among the nominated zones eligible for designation under this section, the Secretary shall designate Tribal Promise Zones on the basis of—

"(A) the effectiveness of the competitiveness plan submitted under subsection (e) and the assurances made under subsection (d);

"(B) unemployment rates, poverty rates, vacancy rates, crime rates, and such other factors as the Secretary may identify, including household income, labor force participation, and educational attainment; and

"(C) other criteria as determined by the Secretary.

"(2) Minimal standards.—The Secretary may set minimal standards for the levels of unemployment and poverty that must be satisfied for designation as a Tribal Promise Zone."

#### General Accounting Office Study

Pub. L. 106–568, title IV, §421, Dec. 27, 2000, 114 Stat. 2906, directed the Comptroller General to conduct a study and make findings and recommendations with respect to Federal programs designed to assist Indian tribes and tribal members with economic development, job creation, entrepreneurship, and business development, and to report to Congress not later than 1 year after Dec. 27, 2000.

#### Indian Tribal Regulatory Reform and Business Development

Pub. L. 106–447, Nov. 6, 2000, 114 Stat. 1934, as amended by Pub. L. 117–286, §4(a)(185), Dec. 27, 2022, 136 Stat. 4326, provided that:

#### "SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Indian Tribal Regulatory Reform and Business Development Act of 2000'.

#### "SEC. 2. FINDINGS; PURPOSES.

"(a) Findings.—Congress finds that—

"(1) 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 rates of unemployment, poverty, poor health, substandard housing, and associated social ills which are greater than the rates for any other group in the United States;

"(2) the capacity of Indian tribes to build strong Indian 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 conducted on Indian lands;

"(3) beginning in 1970, with the issuance by the Nixon Administration of a special message to Congress on Indian Affairs, each President has reaffirmed the special government-to-government relationship between Indian tribes and the United States; and

"(4) 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 Indian tribes; and

"(B) facilitate economic development on Indian lands.

"(b) Purposes.—The purposes of this Act are as follows:

"(1) To provide for a comprehensive review of the laws (including regulations) that affect investment and business decisions concerning activities conducted on Indian lands.

"(2) To determine the extent to which those laws unnecessarily or inappropriately impair—

"(A) investment and business development on Indian lands; or

"(B) the financial stability and management efficiency of Indian tribal governments.

"(3) To establish an authority to conduct the review under paragraph (1) and report findings and recommendations that result from the review to Congress and the President.

#### "SEC. 3. DEFINITIONS.

"In this Act:

"(1) Authority.—The term 'Authority' means the Regulatory Reform and Business Development on Indian Lands Authority.

"(2) Federal agency.—The term 'Federal agency' means an agency, as that term is defined in section 551(1) of title 5, United States Code.

"(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)) [now 25 U.S.C. 5304(d)].

"(4) 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 [Nov. 6, 2000]).

"(5) 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)) [now 25 U.S.C. 5304(e)].

"(6) Secretary.—The term 'Secretary' means the Secretary of Commerce.

"(7) 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)) [now 25 U.S.C. 5304(l)].

#### "SEC. 4. ESTABLISHMENT OF AUTHORITY.

"(a) Establishment.—

"(1) In general.—Not later than 60 days after the date of enactment of this Act [Nov. 6, 2000], the Secretary, in consultation with the Secretary of the Interior and other officials whom the Secretary determines to be appropriate, shall establish an authority to be known as the Regulatory Reform and Business Development on Indian Lands Authority.

"(2) Purpose.—The Secretary shall establish the Authority under this subsection in order to facilitate the identification and subsequent removal of obstacles to investment, business development, and the creation of wealth with respect to the economies of Native American communities.

"(b) Membership.—

"(1) In general.—The Authority established under this section shall be composed of 21 members.

"(2) Representatives of indian tribes.—12 members of the Authority shall be representatives of the Indian tribes from the areas of the Bureau of Indian Affairs. Each such area shall be represented by such a representative.

"(3) Representatives of the private sector.—No fewer than 4 members of the Authority shall be representatives of nongovernmental economic activities carried out by private enterprises in the private sector.

"(c) Initial Meeting.—Not later than 90 days after the date of enactment of this Act [Nov. 6, 2000], the Authority shall hold its initial meeting.

"(d) Review.—Beginning on the date of the initial meeting under subsection (c), the Authority shall conduct a review of laws (including regulations) relating to investment, business, and economic development that affect investment and business decisions concerning activities conducted on Indian lands.

"(e) Meetings.—The Authority shall meet at the call of the chairperson.

"(f) Quorum.—A majority of the members of the Authority shall constitute a quorum, but a lesser number of members may hold hearings.

"(g) Chairperson.—The Authority shall select a chairperson from among its members.

#### "SEC. 5. REPORT.

"Not later than 1 year after the date of enactment of this Act [Nov. 6, 2000], the Authority shall prepare and submit to the Committee on Indian Affairs of the Senate, the Committee on Resources [now Committee on Natural Resources] of the House of Representatives, and to the governing body of each Indian tribe a report that includes—

"(1) the findings of the Authority concerning the review conducted under section 4(d); and

"(2) such recommendations concerning the proposed revisions to the laws that were subject to review as the Authority determines to be appropriate.

#### "SEC. 6. POWERS OF THE AUTHORITY.

"(a) Hearings.—The Authority may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Authority considers advisable to carry out the duties of the Authority.

"(b) Information From Federal Agencies.—The Authority may secure directly from any Federal department or agency such information as the Authority considers necessary to carry out the duties of the Authority.

"(c) Postal Services.—The Authority may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.

"(d) Gifts.—The Authority may accept, use, and dispose of gifts or donations of services or property.

#### "SEC. 7. AUTHORITY PERSONNEL MATTERS.

"(a) Compensation of Members.—

"(1) Non-federal members.—Members of the Authority who are not officers or employees of the Federal Government shall serve without compensation, except for travel expenses as provided under subsection (b).

"(2) Officers and employees of the federal government.—Members of the Authority who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.

"(b) Travel Expenses.—The members of the Authority shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Authority.

"(c) Staff.—

"(1) In general.—The chairperson of the Authority may, without regard to the civil service laws, appoint and terminate such personnel as may be necessary to enable the Authority to perform its duties.

"(2) Procurement of temporary and intermittent services.—The chairperson of the Authority may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed under GS–13 of the General Schedule established under section 5332 of title 5, United States Code.

#### "SEC. 8. TERMINATION OF THE AUTHORITY.

"The Authority shall terminate 90 days after the date on which the Authority has submitted a copy of the report prepared under section 5 to the committees of Congress specified in section 5 and to the governing body of each Indian tribe.

#### "SEC. 9. EXEMPTION FROM CHAPTER 10 OF TITLE, UNITED STATES CODE.

"The activities of the Authority conducted under this Act shall be exempt from chapter 10 of title 5, United States Code.

#### "SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

"There are authorized to be appropriated such sums as are necessary to carry out this Act, to remain available until expended."