106TH CONGRESS

2D SESSION S. 2719

AN ACT

To provide for business development and trade promotion

for Native Americans, and for other purposes.

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 ‘‘Native American Busi5 ness Development, Trade Promotion, and Tourism Act of

6 2000’’.
2

S 2719 ES

1 SEC. 2. FINDINGS; PURPOSES.

2 (a) FINDINGS.—Congress finds that—

3 (1) clause 3 of section 8 of article I of the

4 United States Constitution recognizes the special re5 lationship between the United States and Indian

6 tribes;

7 (2) beginning in 1970, with the inauguration by

8 the Nixon Administration of the Indian self-deter9 mination era, each President has reaffirmed the spe10 cial government-to-government relationship between

11 Indian tribes and the United States;

12 (3) in 1994, President Clinton issued an Execu13 tive memorandum to the heads of departments and

14 agencies that obligated all Federal departments and

15 agencies, particularly those that have an impact on

16 economic development, to evaluate the potential im17 pacts of their actions on Indian tribes;

18 (4) consistent with the principles of inherent

19 tribal sovereignty and the special relationship be20 tween Indian tribes and the United States, Indian

21 tribes retain the right to enter into contracts and

22 agreements to trade freely, and seek enforcement of

23 treaty and trade rights;

24 (5) Congress has carried out the responsibility

25 of the United States for the protection and preserva26 tion of Indian tribes and the resources of Indian
3

S 2719 ES

1 tribes through the endorsement of treaties, and the

2 enactment of other laws, including laws that provide

3 for the exercise of administrative authorities;

4 (6) the United States has an obligation to

5 guard and preserve the sovereignty of Indian tribes

6 in order to foster strong tribal governments, Indian

7 self-determination, and economic self-sufficiency

8 among Indian tribes;

9 (7) the capacity of Indian tribes to build strong

10 tribal governments and vigorous economies is hin11 dered by the inability of Indian tribes to engage

12 communities that surround Indian lands and outside

13 investors in economic activities on Indian lands;

14 (8) despite the availability of abundant natural

15 resources on Indian lands and a rich cultural legacy

16 that accords great value to self-determination, self17 reliance, and independence, Native Americans suffer

18 higher rates of unemployment, poverty, poor health,

19 substandard housing, and associated social ills than

20 those of any other group in the United States;

21 (9) the United States has an obligation to as22 sist Indian tribes with the creation of appropriate

23 economic and political conditions with respect to In24 dian lands to—
4

S 2719 ES

1 (A) encourage investment from outside

2 sources that do not originate with the tribes;

3 and

4 (B) facilitate economic ventures with out5 side entities that are not tribal entities;

6 (10) the economic success and material well7 being of Native American communities depends on

8 the combined efforts of the Federal Government,

9 tribal governments, the private sector, and individ10 uals;

11 (11) the lack of employment and entrepre12 neurial opportunities in the communities referred to

13 in paragraph (7) has resulted in a multigenerational

14 dependence on Federal assistance that is—

15 (A) insufficient to address the magnitude

16 of needs; and

17 (B) unreliable in availability; and

18 (12) the twin goals of economic self-sufficiency

19 and political self-determination for Native Americans

20 can best be served by making available to address

21 the challenges faced by those groups—

22 (A) the resources of the private market;

23 (B) adequate capital; and

24 (C) technical expertise.
5

S 2719 ES

1 (b) PURPOSES.—The purposes of this Act are as fol2 lows:

3 (1) To revitalize economically and physically

4 distressed Native American economies by—

5 (A) encouraging the formation of new busi6 nesses by eligible entities, and the expansion of

7 existing businesses; and

8 (B) facilitating the movement of goods to

9 and from Indian lands and the provision of

10 services by Indians.

11 (2) To promote private investment in the econo12 mies of Indian tribes and to encourage the sustain13 able development of resources of Indian tribes and

14 Indian-owned businesses.

15 (3) To promote the long-range sustained growth

16 of the economies of Indian tribes.

17 (4) To raise incomes of Indians in order to re18 duce the number of Indians at poverty levels and

19 provide the means for achieving a higher standard of

20 living on Indian reservations.

21 (5) To encourage intertribal, regional, and

22 international trade and business development in

23 order to assist in increasing productivity and the

24 standard of living of members of Indian tribes and
6

S 2719 ES

1 improving the economic self-sufficiency of the gov2 erning bodies of Indian tribes.

3 (6) To promote economic self-sufficiency and

4 political self-determination for Indian tribes and

5 members of Indian tribes.

6 SEC. 3. DEFINITIONS.

7 In this Act:

8 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti9 ty’’ means an Indian tribe or tribal organization, an

10 Indian arts and crafts organization, as that term is

11 defined in section 2 of the Act of August 27, 1935

12 (commonly known as the ‘‘Indian Arts and Crafts

13 Act’’) (49 Stat. 891, chapter 748; 25 U.S.C. 305a),

14 a tribal enterprise, a tribal marketing cooperative

15 (as that term is defined by the Secretary, in con16 sultation with the Secretary of the Interior), or any

17 other Indian-owned business.

18 (2) INDIAN.—The term ‘‘Indian’’ has the mean19 ing given that term in section 4(d) of the Indian

20 Self-Determination and Education Assistance Act

21 (25 U.S.C. 450b(d)).

22 (3) INDIAN GOODS AND SERVICES.—The term

23 ‘‘Indian goods and services’’ means—

24 (A) Indian goods, within the meaning of

25 section 2 of the Act of August 27, 1935 (com-
7

S 2719 ES

1 monly known as the ‘‘Indian Arts and Crafts

2 Act’’) (49 Stat. 891, chapter 748; 25 U.S.C.

3 305a);

4 (B) goods produced or originated by an eli5 gible entity; and

6 (C) services provided by eligible entities.

7 (4) INDIAN LANDS.—

8 (A) IN GENERAL.—The term ‘‘Indian

9 lands’’ includes lands under the definition of—

10 (i) the term ‘‘Indian country’’ under

11 section 1151 of title 18, United States

12 Code; or

13 (ii) the term ‘‘reservation’’ under—

14 (I) section 3(d) of the Indian Fi15 nancing Act of 1974 (25 U.S.C.

16 1452(d)); or

17 (II) section 4(10) of the Indian

18 Child Welfare Act of 1978 (25 U.S.C.

19 1903(10)).

20 (B) FORMER INDIAN RESERVATIONS IN

21 OKLAHOMA.—For purposes of applying section

22 3(d) of the Indian Financing Act of 1974 (25

23 U.S.C. 1452(d)) under subparagraph (A)(ii),

24 the term ‘‘former Indian reservations in Okla-
8

S 2719 ES

1 homa’’ shall be construed to include lands that

2 are—

3 (i) within the jurisdictional areas of

4 an Oklahoma Indian tribe (as determined

5 by the Secretary of the Interior); and

6 (ii) recognized by the Secretary of the

7 Interior as eligible for trust land status

8 under part 151 of title 25, Code of Federal

9 Regulations (as in effect on the date of en10 actment of this Act).

11 (5) INDIAN-OWNED BUSINESS.—The term ‘‘In12 dian-owned business’’ means an entity organized for

13 the conduct of trade or commerce with respect to

14 which at least 50 percent of the property interests

15 of the entity are owned by Indians or Indian tribes

16 (or a combination thereof).

17 (6) INDIAN TRIBE.—The term ‘‘Indian tribe’’

18 has the meaning given that term in section 4(e) of

19 the Indian Self-Determination and Education Assist20 ance Act (25 U.S.C. 450b(e)).

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

22 the Secretary of Commerce.

23 (8) TRIBAL ENTERPRISE.—The term ‘‘tribal en24 terprise’’ means a commercial activity or business

25 managed or controlled by an Indian tribe.
9

S 2719 ES

1 (9) TRIBAL ORGANIZATION.—The term ‘‘tribal

2 organization’’ has the meaning given that term in

3 section 4(l) of the Indian Self-Determination and

4 Education Assistance Act (25 U.S.C. 450b(l)).

5 SEC. 4. OFFICE OF NATIVE AMERICAN BUSINESS DEVELOP6 MENT.

7 (a) IN GENERAL.—

8 (1) ESTABLISHMENT.—There is established

9 within the Department of Commerce an office

10 known as the Office of Native American Business

11 Development (referred to in this Act as the ‘‘Of12 fice’’).

13 (2) DIRECTOR.—The Office shall be headed by

14 a Director, appointed by the Secretary, whose title

15 shall be the Director of Native American Business

16 Development (referred to in this Act as the ‘‘Direc17 tor’’). The Director shall be compensated at a rate

18 not to exceed level V of the Executive Schedule

19 under section 5316 of title 5, United States Code.

20 (b) DUTIES OF THE SECRETARY.—

21 (1) IN GENERAL.—The Secretary, acting

22 through the Director, shall ensure the coordination

23 of Federal programs that provide assistance, includ24 ing financial and technical assistance, to eligible en25 tities for increased business, the expansion of trade
10

S 2719 ES

1 by eligible entities, and economic development on In2 dian lands.

3 (2) INTERAGENCY COORDINATION.—The Sec4 retary, acting through the Director, shall coordinate

5 Federal programs relating to Indian economic devel6 opment, including any such program of the Depart7 ment of the Interior, the Small Business Adminis8 tration, the Department of Labor, or any other Fed9 eral agency charged with Indian economic develop10 ment responsibilities.

11 (3) ACTIVITIES.—In carrying out the duties de12 scribed in paragraph (1), the Secretary, acting

13 through the Director, shall ensure the coordination

14 of, or, as appropriate, carry out—

15 (A) Federal programs designed to provide

16 legal, accounting, or financial assistance to eli17 gible entities;

18 (B) market surveys;

19 (C) the development of promotional mate20 rials;

21 (D) the financing of business development

22 seminars;

23 (E) the facilitation of marketing;

24 (F) the participation of appropriate Fed25 eral agencies or eligible entities in trade fairs;
11

S 2719 ES

1 (G) any activity that is not described in

2 subparagraphs (A) through (F) that is related

3 to the development of appropriate markets; and

4 (H) any other activity that the Secretary,

5 in consultation with the Director, determines to

6 be appropriate to carry out this section.

7 (4) ASSISTANCE.—In conjunction with the ac8 tivities described in paragraph (3), the Secretary,

9 acting through the Director, shall provide—

10 (A) financial assistance, technical assist11 ance, and administrative services to eligible en12 tities to assist those entities with—

13 (i) identifying and taking advantage

14 of business development opportunities; and

15 (ii) compliance with appropriate laws

16 and regulatory practices; and

17 (B) such other assistance as the Secretary,

18 in consultation with the Director, determines to

19 be necessary for the development of business

20 opportunities for eligible entities to enhance the

21 economies of Indian tribes.

22 (5) PRIORITIES.—In carrying out the duties

23 and activities described in paragraphs (3) and (4),

24 the Secretary, acting through the Director, shall give

25 priority to activities that—
12

S 2719 ES

1 (A) provide the greatest degree of eco2 nomic benefits to Indians; and

3 (B) foster long-term stable economies of

4 Indian tribes.

5 (6) PROHIBITION.—The Secretary may not pro6 vide under this section assistance for any activity re7 lated to the operation of a gaming activity on Indian

8 lands pursuant to the Indian Gaming Regulatory

9 Act (25 U.S.C. 2710 et seq.).

10 SEC. 5. NATIVE AMERICAN TRADE AND EXPORT PRO11 MOTION.

12 (a) IN GENERAL.—The Secretary, acting through the

13 Director, shall carry out a Native American export and

14 trade promotion program (referred to in this section as

15 the ‘‘program’’).

16 (b) COORDINATION OF FEDERAL PROGRAMS AND

17 SERVICES.—In carrying out the program, the Secretary,

18 acting through the Director, and in cooperation with the

19 heads of appropriate Federal agencies, shall ensure the co20 ordination of Federal programs and services designed to—

21 (1) develop the economies of Indian tribes; and

22 (2) stimulate the demand for Indian goods and

23 services that are available from eligible entities.

24 (c) ACTIVITIES.—In carrying out the duties described

25 in subsection (b), the Secretary, acting through the Direc-
13

S 2719 ES

1 tor, shall ensure the coordination of, or, as appropriate,

2 carry out—

3 (1) Federal programs designed to provide tech4 nical or financial assistance to eligible entities;

5 (2) the development of promotional materials;

6 (3) the financing of appropriate trade missions;

7 (4) the marketing of Indian goods and services;

8 (5) the participation of appropriate Federal

9 agencies or eligible entities in international trade

10 fairs; and

11 (6) any other activity related to the develop12 ment of markets for Indian goods and services.

13 (d) TECHNICAL ASSISTANCE.—In conjunction with

14 the activities described in subsection (c), the Secretary,

15 acting through the Director, shall provide technical assist16 ance and administrative services to eligible entities to as17 sist those entities with—

18 (1) the identification of appropriate markets for

19 Indian goods and services;

20 (2) entering the markets referred to in para21 graph (1);

22 (3) compliance with foreign or domestic laws

23 and practices with respect to financial institutions

24 with respect to the export and import of Indian

25 goods and services; and
14

S 2719 ES

1 (4) entering into financial arrangements to pro2 vide for the export and import of Indian goods and

3 services.

4 (e) PRIORITIES.—In carrying out the duties and ac5 tivities described in subsections (b) and (c), the Secretary,

6 acting through the Director, shall give priority to activities

7 that—

8 (1) provide the greatest degree of economic ben9 efits to Indians; and

10 (2) foster long-term stable international mar11 kets for Indian goods and services.

12 SEC. 6. INTERTRIBAL TOURISM DEMONSTRATION

13 PROJECTS.

14 (a) PROGRAM TO CONDUCT TOURISM PROJECTS.—

15 (1) IN GENERAL.—The Secretary, acting

16 through the Director, shall conduct a Native Amer17 ican tourism program to facilitate the development

18 and conduct of tourism demonstration projects by

19 Indian tribes, on a tribal, intertribal, or regional

20 basis.

21 (2) DEMONSTRATION PROJECTS.—

22 (A) IN GENERAL.—Under the program es23 tablished under this section, in order to assist

24 in the development and promotion of tourism

25 on and in the vicinity of Indian lands, the Sec-
15

S 2719 ES

1 retary, acting through the Director, shall, in co2 ordination with the Under Secretary of Agri3 culture for Rural Development, assist eligible

4 entities in the planning, development, and im5 plementation of tourism development dem6 onstration projects that meet the criteria de7 scribed in subparagraph (B).

8 (B) PROJECTS DESCRIBED.—In selecting

9 tourism development demonstration projects

10 under this section, the Secretary, acting

11 through the Director, shall select projects that

12 have the potential to increase travel and tour13 ism revenues by attracting visitors to Indian

14 lands and lands in the vicinity of Indian lands,

15 including projects that provide for—

16 (i) the development and distribution

17 of educational and promotional materials

18 pertaining to attractions located on and

19 near Indian lands;

20 (ii) the development of educational re21 sources to assist in private and public tour22 ism development on and in the vicinity of

23 Indian lands; and

24 (iii) the coordination of tourism-re25 lated joint ventures and cooperative efforts
16

S 2719 ES

1 between eligible entities and appropriate

2 State and local governments that have ju3 risdiction over areas in the vicinity of In4 dian lands.

5 (3) GRANTS.—To carry out the program under

6 this section, the Secretary, acting through the Direc7 tor, may award grants or enter into other appro8 priate arrangements with Indian tribes, tribal orga9 nizations, intertribal consortia, or other tribal enti10 ties that the Secretary, in consultation with the Di11 rector, determines to be appropriate.

12 (4) LOCATIONS.—In providing for tourism de13 velopment demonstration projects under the pro14 gram under this section, the Secretary, acting

15 through the Director, shall provide for a demonstra16 tion project to be conducted—

17 (A) for Indians of the Four Corners area

18 located in the area adjacent to the border be19 tween Arizona, Utah, Colorado, and New Mex20 ico;

21 (B) for Indians of the northwestern area

22 that is commonly known as the Great North23 west (as determined by the Secretary);

24 (C) for the Oklahoma Indians in Okla25 homa;
17

S 2719 ES

1 (D) for the Indians of the Great Plains

2 area (as determined by the Secretary); and

3 (E) for Alaska Natives in Alaska.

4 (b) ASSISTANCE.—The Secretary, acting through the

5 Director, shall provide financial assistance, technical as6 sistance, and administrative services to participants that

7 the Secretary, acting through the Director, selects to carry

8 out a tourism development project under this section, with

9 respect to—

10 (1) feasibility studies conducted as part of that

11 project;

12 (2) market analyses;

13 (3) participation in tourism and trade missions;

14 and

15 (4) any other activity that the Secretary, in

16 consultation with the Director, determines to be ap17 propriate to carry out this section.

18 (c) INFRASTRUCTURE DEVELOPMENT.—The dem19 onstration projects conducted under this section shall in20 clude provisions to facilitate the development and financ21 ing of infrastructure, including the development of Indian

22 reservation roads in a manner consistent with title 23,

23 United States Code.
18

S 2719 ES

1 SEC. 7. REPORT TO CONGRESS.

2 (a) IN GENERAL.—Not later than 1 year after the

3 date of enactment of this Act, and annually thereafter,

4 the Secretary, in consultation with the Director, shall pre5 pare and submit to the Committee on Indian Affairs of

6 the Senate and the Committee on Resources of the House

7 of Representatives a report on the operation of the Office.

8 (b) CONTENTS OF REPORT.—Each report prepared

9 under subsection (a) shall include—

10 (1) for the period covered by the report, a sum11 mary of the activities conducted by the Secretary,

12 acting through the Director, in carrying out sections

13 4 through 6; and

14 (2) any recommendations for legislation that

15 the Secretary, in consultation with the Director, de16 termines to be necessary to carry out sections 4

17 through 6.

18 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

19 There are authorized to be appropriated such sums

20 as are necessary to carry out this Act, to remain available

21 until expended.

Passed the Senate June 28, 2000.

Attest:

Secretary.
106TH CONGRESS

2D SESSION S. 2719

AN ACT

To provide for business development and trade promotion for Native Americans, and for other purposes.