PUBLIC LAW 106–464—NOV. 7, 2000

NATIVE AMERICAN BUSINESS

DEVELOPMENT, TRADE PROMOTION, AND

TOURISM ACT OF 2000

114 STAT. 2012 PUBLIC LAW 106–464—NOV. 7, 2000

Public Law 106–464

106th Congress

An Act

To provide for business development and trade promotion for Native Americans,

and for other purposes.

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 Business

Development, Trade Promotion, and Tourism Act of 2000’’.

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

25 USC 4301.

25 USC 4301

note.

Native American

Business

Development,

Trade Promotion,

and Tourism Act

of 2000.

Nov. 7, 2000

[S. 2719]

PUBLIC LAW 106–464—NOV. 7, 2000 114 STAT. 2013

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 selfdetermination for Indian tribes and members of Indian tribes.

SEC. 3. DEFINITIONS.

In this Act:

(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means an

Indian tribe or tribal organization, an Indian arts and crafts

25 USC 4302.

114 STAT. 2014 PUBLIC LAW 106–464—NOV. 7, 2000

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.

(2) 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)).

(3) 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. (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).

(5) 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).

(6) 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)).

(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Commerce.

(8) TRIBAL ENTERPRISE.—The term ‘‘tribal enterprise’’ means a commercial activity or business managed or controlled

by an Indian tribe.

(9) 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)).

PUBLIC LAW 106–464—NOV. 7, 2000 114 STAT. 2015

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.

25 USC 4303.

114 STAT. 2016 PUBLIC LAW 106–464—NOV. 7, 2000

(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.—

25 USC 4305.

25 USC 4304.

PUBLIC LAW 106–464—NOV. 7, 2000 114 STAT. 2017

(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—

114 STAT. 2018 PUBLIC LAW 106–464—NOV. 7, 2000

LEGISLATIVE HISTORY—S. 2719:

CONGRESSIONAL RECORD, Vol. 146 (2000):

June 28, considered and passed Senate.

Oct. 23, considered and passed House.

Æ

(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. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are

necessary to carry out this Act, to remain available until expended.

Approved November 7, 2000.

25 USC 4307.

25 USC 4306.

Deadline.