I 

109TH CONGRESS 

1ST SESSION H. R. 3350 

To amend the Native American Business Development, Trade Promotion, 

and Tourism Act of 2000 to establish the Tribal Development Corporation Feasibility Study Group. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 19, 2005 

Mr. POMBO introduced the following bill; which was referred to the Committee 

on Resources 

A BILL 

To amend the Native American Business Development, 

Trade Promotion, and Tourism Act of 2000 to establish 

the Tribal Development Corporation Feasibility Study 

Group. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Tribal Development 

5 Corporation Feasibility Study Act of 2005’’. 
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1 SEC. 2. INDIAN ECONOMIC DEVELOPMENT FEASIBILITY 

2 STUDY. 

3 Section 4(b) of the Native American Business Devel4 opment, Trade Promotion, and Tourism Act of 2000 (25 

5 U.S.C. 4303(b)) is amended— 

6 (1) by redesignating paragraph (6) as para7 graph (7); and 

8 (2) by inserting after paragraph (5) the fol9 lowing: 

10 ‘‘(6) TRIBAL DEVELOPMENT CORPORATION

11 FEASIBILITY STUDY.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall 

13 establish the Tribal Development Corporation 

14 Feasibility Study Group (referred to in this 

15 paragraph as the ‘Group’). 

16 ‘‘(B) MEMBERS.—The Group shall be com17 prised of 12 members, as follows: 

18 ‘‘(i) REPRESENTATIVES OF INDIAN

19 TRIBES.—Five members of the Group shall 

20 be representatives of federally recognized 

21 Indian tribes. 

22 ‘‘(ii) REPRESENTATIVES OF THE

23 ALASKA NATIVE COMMUNITY.—Three 

24 members of the Group shall be representa25 tives of the Alaska Native Community. 
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1 ‘‘(iii) REPRESENTATIVE OF THE NA2 TIVE HAWAIIAN COMMUNITY.—One mem3 ber of the Group shall be a representative 

4 of the Native Hawaiian Community. 

5 ‘‘(iv) REPRESENTATIVE OF THE PRI6 VATE SECTOR.—Two members of the 

7 Group shall be representatives of non8 governmental economic activities carried 

9 out by private enterprises in the private 

10 sector. 

11 ‘‘(v) FEDERAL OFFICIALS.—One 

12 member of the Group shall be a represent13 ative of the Department of the Treasury 

14 with demonstrated experience in inter15 national economic development and inter16 national financial institutions. 

17 ‘‘(C) CHAIRPERSON.—The members of the 

18 Group shall select a Chairperson. 

19 ‘‘(D) PERSONNEL AND SERVICES.— 

20 ‘‘(i) IN GENERAL.—The Chairperson 

21 of the Group may appoint and terminate 

22 such personnel as are necessary to enable 

23 the Group to perform its duties. 

24 ‘‘(ii) PROCUREMENT OF SERVICES.— 

25 The Chairperson may procure such serv-
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1 ices as are necessary to enable the Group 

2 to perform the duties of the Group. 

3 ‘‘(E) STUDY.— 

4 ‘‘(i) IN GENERAL.—Not later than 

5 270 days after the date of enactment of 

6 this subparagraph, the Group shall— 

7 ‘‘(I) conduct a study to deter8 mine the feasibility of establishing an 

9 Indian Tribal Development Corpora10 tion (referred to in this subparagraph 

11 as the ‘Corporation’); and 

12 ‘‘(II) submit to the Committee on 

13 Indian Affairs and the Committee on 

14 Appropriations of the Senate and the 

15 Committee on Resources and the 

16 Committee on Appropriations of the 

17 House of Representatives a report 

18 that describes the results of the study 

19 and any recommendations of the 

20 Group for further legislative action. 

21 ‘‘(ii) CONTENTS.—The report shall 

22 contain— 

23 ‘‘(I) a discussion and determina24 tion of the financial feasibility of the 

25 Corporation, including whether the 
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1 Corporation can be, over the long 

2 term, financially self-sustainable; 

3 ‘‘(II) a discussion and determina4 tion of the probable economic impact 

5 of the Corporation, including a dem6 onstration of the quantitative and 

7 qualitative economic impact on Native 

8 American communities; 

9 ‘‘(III) a discussion and deter10 mination of the best alternatives in 

11 the structure, organization, and lend12 ing terms and conditions of the Cor13 poration, including the most appro14 priate structure of capital contribu15 tions to best serve, and be acceptable 

16 to, Native interests; 

17 ‘‘(IV) a discussion and deter18 mination of the basic terms and con19 ditions under which funding would be 

20 provided to member Indian tribes; 

21 ‘‘(V) a discussion of nonfinancial 

22 and advisory activities to be under23 taken by the Corporation, including 

24 the use of diagnostic studies by the 

25 Corporation to— 
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1 ‘‘(aa) identify tribal, Fed2 eral, or State policies and legal 

3 and regulatory conditions and in4 frastructure deficiencies that im5 pede investment, both private 

6 and public, needed to promote 

7 non-gaming economic develop8 ment; 

9 ‘‘(bb) provide specific rec10 ommendations for remedial ac11 tions that can be undertaken by 

12 an Indian tribe to overcome such 

13 inhibitors of investment; and 

14 ‘‘(cc) identify and establish 

15 the terms for pre-appraisal stud16 ies of investment opportunities, 

17 both private and public, that can 

18 be developed and promoted by an 

19 Indian tribe; and 

20 ‘‘(VI) a discussion and deter21 mination of— 

22 ‘‘(aa) the capital structure 

23 of the Corporation, including the 

24 optimal level of initial capital 

25 contributions by both Indian 
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1 tribes and the United States 

2 Government; and 

3 ‘‘(bb) the financial instru4 ments that will be required by 

5 the Corporation to ensure its suc6 cess. 

7 ‘‘(F) TERMINATION OF STUDY GROUP.— 

8 The Group shall terminate 120 days after the 

9 date on which the Group submits the report 

10 under subparagraph (E). 

11 ‘‘(G) AUTHORIZATION OF APPROPRIA12 TION.—There are authorized to be appropriated 

13 to carry out this paragraph $500,000. 

14 ‘‘(H) MATCHING REQUIREMENT.—Federal 

15 funds made available to carry out this para16 graph must be matched dollar-for-dollar with 

17 non-Federal funds.’’. 

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