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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2719 Enrolled Bill (ENR)]

        S.2719

                       One Hundred Sixth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand

                                 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 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 self-
    determination 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 
    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)).

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.
        (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.--
        (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--
        (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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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