49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–626 

TRIBAL DEVELOPMENT CORPORATION FEASIBILITY 

STUDY ACT OF 2005 

SEPTEMBER 6, 2006.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 3350] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Resources, to whom was referred the bill 

(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, having considered the same, report favorably thereon without amendment and 

recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 3350 is to amend the Native Business Development, Trade Promotion, and Tourism Act of 2000 to establish the 

Tribal Development Corporation Feasibility Study Group. 

BACKGROUND AND NEED FOR LEGISLATION

It is well documented that Indian tribal governments and individual Native entrepreneurs lack access to capital for both home 

mortgages and other commercial purposes. While Indian gaming 

operations provide Indian tribes financial leverage to diversify their 

business development, many tribes are located too far away from 

lucrative gaming markets in which to successfully raise and leverage casino profits. As a result, attracting capital for Indian tribes 

to diversify into non-gaming economic development has been difficult. While existing federal programs such as the Indian Loan 

Guaranty Program at the Bureau of Indian Affairs and the Native 

American Small Business Loan Program at the Small Business Administration provide business loan guarantees to Native entreVerDate Aug 31 2005 01:59 Sep 09, 2006 Jkt 049006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR626.XXX HR626

ccoleman on PROD1PC71 with HEARING
2 

preneurs, these programs do little to assist tribes in identifying inhibitors to economic growth and conversely to attract and retain 

private sector investment and business activity. 

With existing federal assistance uncoordinated and spread thinly, 

there is a severe lack of information and analyses of economic conditions for non-gaming tribal economies. H.R. 3350 would determine the feasibility of developing an Indian-owned development 

corporation whose mission would be to identify potential non-gaming reservation development, implement reservation development 

plans, and attract private-sector capital to interested tribal governments. 

COMMITTEE ACTION

H.R. 3350 was introduced on July 19, 2005, by Resources Committee Chairman Richard W. Pombo (R–CA). The bill was referred 

to the Committee on Resources. On March 29, 2006, the Full Resources Committee held a on H.R. 3350. On July 19, 2006, the Full 

Resources Committee met to consider H.R. 3350. No amendments 

were offered, and the bill was ordered favorably reported to the 

House of Representatives by unanimous consent. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in 

the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8, clause 3 of the Constitution of the United 

States grants Congress the authority to enact this bill. 

FEDERAL ADVISORY COMMITTEE STATEMENT

The functions of the proposed advisory committee authorized in 

the bill are not currently being nor could they be performed by one 

or more agencies, an advisory committee already in existence or by 

enlarging the mandate of an existing advisory committee. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 


ccoleman on PROD1PC71 with HEARING
3 

of this bill is to amend the Native Business Development, Trade 

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

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 3350—Tribal Development Corporation Feasibility Study Act 

of 2005 

H.R. 3350 would amend the Native American Business Development, Trade Promotion, and Tourism Act of 2000 to authorize the 

creation of the Tribal Development Corporation Feasibility Study 

Group. The group would be composed of 12 members from varied 

Indian interests, the private sector, and the federal government. 

Within 270 days following the enactment of the bill, the group 

would report to the Congress on creating an Indian Tribal Development Corporation, and dissolve no later than 120 days thereafter. The bill would authorize the appropriation of $500,000 in 2007 

for the study and would require that federal funds be matched by 

nonfederal funds. Enacting H.R. 3350 would not affect direct 

spending or receipts. 

H.R. 3350 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. Any spending by Indian tribes to match federal appropriations would be voluntary. 

The CBO contact for this estimate is Daniel Hoople. This estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

SECTION 4 OF THE NATIVE AMERICAN BUSINESS DEVELOPMENT, TRADE PROMOTION, AND TOURISM ACT 

OF 2000 

SEC. 4. OFFICE OF NATIVE AMERICAN BUSINESS DEVELOPMENT. 

(a) * * * 

(b) DUTIES OF THE SECRETARY.—

(1) * * * 

* * * * * * * 


ccoleman on PROD1PC71 with HEARING
4 

(6) TRIBAL DEVELOPMENT CORPORATION FEASIBILITY STUDY.— (A) IN GENERAL.—The Secretary shall establish the Tribal Development Corporation Feasibility Study Group (referred to in this paragraph as the ‘‘Group’’). 

(B) MEMBERS.—The Group shall be comprised of 12 

members, as follows: 

(i) REPRESENTATIVES OF INDIAN TRIBES.—Five members of the Group shall be representatives of federally 

recognized Indian tribes. 

(ii) REPRESENTATIVES OF THE ALASKA NATIVE COM- MUNITY.—Three members of the Group shall be representatives of the Alaska Native Community. 

(iii) REPRESENTATIVE OF THE NATIVE HAWAIIAN COMMUNITY.—One member of the Group shall be a representative of the Native Hawaiian Community. 

(iv) REPRESENTATIVE OF THE PRIVATE SECTOR.—Two 

members of the Group shall be representatives of nongovernmental economic activities carried out by private 

enterprises in the private sector. 

(v) FEDERAL OFFICIALS.—One member of the Group 

shall be a representative of the Department of the 

Treasury with demonstrated experience in international economic development and international financial institutions. 

(C) CHAIRPERSON.—The members of the Group shall select a Chairperson. 

(D) PERSONNEL AND SERVICES.— (i) IN GENERAL.—The Chairperson of the Group may 

appoint and terminate such personnel as are necessary 

to enable the Group to perform its duties. 

(ii) PROCUREMENT OF SERVICES.—The Chairperson 

may procure such services as are necessary to enable 

the Group to perform the duties of the Group. 

(E) STUDY.—

(i) IN GENERAL.—Not later than 270 days after the 

date of enactment of this subparagraph, the Group 

shall—

(I) conduct a study to determine the feasibility of 

establishing an Indian Tribal Development Corporation (referred to in this subparagraph as the 

‘‘Corporation’’); and 

(II) submit to the Committee on Indian Affairs 

and the Committee on Appropriations of the Senate and the Committee on Resources and the Committee on Appropriations of the House of Representatives a report that describes the results of 

the study and any recommendations of the Group 

for further legislative action. 

(ii) CONTENTS.—The report shall contain— (I) a discussion and determination of the financial feasibility of the Corporation, including 

whether the Corporation can be, over the long 

term, financially self-sustainable; 

(II) a discussion and determination of the probable economic impact of the Corporation, including 


ccoleman on PROD1PC71 with HEARING
5 

a demonstration of the quantitative and qualitative economic impact on Native American communities; 

(III) a discussion and determination of the best 

alternatives in the structure, organization, and 

lending terms and conditions of the Corporation, 

including the most appropriate structure of capital 

contributions to best serve, and be acceptable to, 

Native interests; 

(IV) a discussion and determination of the basic 

terms and conditions under which funding would 

be provided to member Indian tribes; 

(V) a discussion of nonfinancial and advisory activities to be undertaken by the Corporation, including the use of diagnostic studies by the Corporation to—

(aa) identify tribal, Federal, or State policies 

and legal and regulatory conditions and infrastructure deficiencies that impede investment, 

both private and public, needed to promote 

non-gaming economic development; 

(bb) provide specific recommendations for remedial actions that can be undertaken by an 

Indian tribe to overcome such inhibitors of investment; and 

(cc) identify and establish the terms for preappraisal studies of investment opportunities, 

both private and public, that can be developed 

and promoted by an Indian tribe; and 

(VI) a discussion and determination of—

(aa) the capital structure of the Corporation, 

including the optimal level of initial capital 

contributions by both Indian tribes and the 

United States Government; and 

(bb) the financial instruments that will be 

required by the Corporation to ensure its success. 

(F) TERMINATION OF STUDY GROUP.—The Group shall 

terminate 120 days after the date on which the Group submits the report under subparagraph (E). 

(G) AUTHORIZATION OF APPROPRIATION.—There are authorized to be appropriated to carry out this paragraph 

$500,000. 

(H) MATCHING REQUIREMENT.—Federal funds made 

available to carry out this paragraph must be matched dollar-for-dollar with non-Federal funds. 

ø(6)¿ (7) 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.). 

Æ 


ccoleman on PROD1PC71 with HEARING