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Union Calendar No. 366 

109TH CONGRESS 

2D SESSION H. R. 3350 

[Report No. 109–626] 

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 

SEPTEMBER 6, 2006 

Additional sponsor: Mr. FALEOMAVAEGA

SEPTEMBER 6, 2006 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Corporation Feasibility Study Act of 2005’’. 

4 SEC. 2. INDIAN ECONOMIC DEVELOPMENT FEASIBILITY 

5 STUDY. 

6 Section 4(b) of the Native American Business Devel7 opment, Trade Promotion, and Tourism Act of 2000 (25 

8 U.S.C. 4303(b)) is amended— 

9 (1) by redesignating paragraph (6) as para10 graph (7); and 

11 (2) by inserting after paragraph (5) the fol12 lowing: 

13 ‘‘(6) TRIBAL DEVELOPMENT CORPORATION

14 FEASIBILITY STUDY.— 

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

16 establish the Tribal Development Corporation 

17 Feasibility Study Group (referred to in this 

18 paragraph as the ‘Group’). 

19 ‘‘(B) MEMBERS.—The Group shall be com20 prised of 12 members, as follows: 

21 ‘‘(i) REPRESENTATIVES OF INDIAN

22 TRIBES.—Five members of the Group shall 

23 be representatives of federally recognized 

24 Indian tribes. 

25 ‘‘(ii) REPRESENTATIVES OF THE

26 ALASKA NATIVE COMMUNITY.—Three 


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1 members of the Group shall be representa2 tives of the Alaska Native Community. 

3 ‘‘(iii) REPRESENTATIVE OF THE NA4 TIVE HAWAIIAN COMMUNITY.—One mem5 ber of the Group shall be a representative 

6 of the Native Hawaiian Community. 

7 ‘‘(iv) REPRESENTATIVE OF THE PRI8 VATE SECTOR.—Two members of the 

9 Group shall be representatives of non10 governmental economic activities carried 

11 out by private enterprises in the private 

12 sector. 

13 ‘‘(v) FEDERAL OFFICIALS.—One 

14 member of the Group shall be a represent15 ative of the Department of the Treasury 

16 with demonstrated experience in inter17 national economic development and inter18 national financial institutions. 

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

20 Group shall select a Chairperson. 

21 ‘‘(D) PERSONNEL AND SERVICES.— 

22 ‘‘(i) IN GENERAL.—The Chairperson 

23 of the Group may appoint and terminate 

24 such personnel as are necessary to enable 

25 the Group to perform its duties. 


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1 ‘‘(ii) PROCUREMENT OF SERVICES.— 

2 The Chairperson may procure such serv3 ices as are necessary to enable the Group 

4 to perform the duties of the Group. 

5 ‘‘(E) STUDY.— 

6 ‘‘(i) IN GENERAL.—Not later than 

7 270 days after the date of enactment of 

8 this subparagraph, the Group shall— 

9 ‘‘(I) conduct a study to deter10 mine the feasibility of establishing an 

11 Indian Tribal Development Corpora12 tion (referred to in this subparagraph 

13 as the ‘Corporation’); and 

14 ‘‘(II) submit to the Committee on 

15 Indian Affairs and the Committee on 

16 Appropriations of the Senate and the 

17 Committee on Resources and the 

18 Committee on Appropriations of the 

19 House of Representatives a report 

20 that describes the results of the study 

21 and any recommendations of the 

22 Group for further legislative action. 

23 ‘‘(ii) CONTENTS.—The report shall 

24 contain— 


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1 ‘‘(I) a discussion and determina2 tion of the financial feasibility of the 

3 Corporation, including whether the 

4 Corporation can be, over the long 

5 term, financially self-sustainable; 

6 ‘‘(II) a discussion and determina7 tion of the probable economic impact 

8 of the Corporation, including a dem9 onstration of the quantitative and 

10 qualitative economic impact on Native 

11 American communities; 

12 ‘‘(III) a discussion and deter13 mination of the best alternatives in 

14 the structure, organization, and lend15 ing terms and conditions of the Cor16 poration, including the most appro17 priate structure of capital contribu18 tions to best serve, and be acceptable 

19 to, Native interests; 

20 ‘‘(IV) a discussion and deter21 mination of the basic terms and con22 ditions under which funding would be 

23 provided to member Indian tribes; 

24 ‘‘(V) a discussion of nonfinancial 

25 and advisory activities to be underVerDate Aug 31 2005 02:14 Sep 07, 2006 Jkt 039196 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3350.RH H3350

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1 taken by the Corporation, including 

2 the use of diagnostic studies by the 

3 Corporation to— 

4 ‘‘(aa) identify tribal, Fed5 eral, or State policies and legal 

6 and regulatory conditions and in7 frastructure deficiencies that im8 pede investment, both private 

9 and public, needed to promote 

10 non-gaming economic develop11 ment; 

12 ‘‘(bb) provide specific rec13 ommendations for remedial ac14 tions that can be undertaken by 

15 an Indian tribe to overcome such 

16 inhibitors of investment; and 

17 ‘‘(cc) identify and establish 

18 the terms for pre-appraisal stud19 ies of investment opportunities, 

20 both private and public, that can 

21 be developed and promoted by an 

22 Indian tribe; and 

23 ‘‘(VI) a discussion and deter24 mination of— 


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1 ‘‘(aa) the capital structure 

2 of the Corporation, including the 

3 optimal level of initial capital 

4 contributions by both Indian 

5 tribes and the United States 

6 Government; and 

7 ‘‘(bb) the financial instru8 ments that will be required by 

9 the Corporation to ensure its suc10 cess. 

11 ‘‘(F) TERMINATION OF STUDY GROUP.— 

12 The Group shall terminate 120 days after the 

13 date on which the Group submits the report 

14 under subparagraph (E). 

15 ‘‘(G) AUTHORIZATION OF APPROPRIA16 TION.—There are authorized to be appropriated 

17 to carry out this paragraph $500,000. 

18 ‘‘(H) MATCHING REQUIREMENT.—Federal 

19 funds made available to carry out this para20 graph must be matched dollar-for-dollar with 

21 non-Federal funds.’’. 


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Union Calendar No. 366 

109TH CONGRESS 

2D SESSION H. R. 3350 

[Report No. 109

–626] 

A BILL 

To amend the Native American Business Developporation Feasibility Study Group. 2000 to establish the Tribal Development Cor- ment, Trade Promotion, and Tourism Act of 

SEPTEMBER 6, 2006 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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