II

106TH CONGRESS

2D SESSION S. 2719

To provide for business development and trade promotion for Native

Americans, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 13, 2000

Mr. CAMPBELL (for himself, Mr. HATCH, and Mr. INOUYE) introduced the following bill; which was read twice and referred to the Committee on

Indian Affairs

A BILL

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’’.

7 SEC. 2. FINDINGS; PURPOSES.

8 (a) FINDINGS.—Congress finds that—

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

10 United States Constitution recognizes the special re-
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1 lationship between the United States and Indian

2 tribes;

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

4 the Nixon Administration of the Indian self-deter5 mination era, each President has reaffirmed the spe6 cial government-to-government relationship between

7 Indian tribes and the United States;

8 (3) in 1994, President Clinton issued an Execu9 tive memorandum to the heads of departments and

10 agencies that obligated all Federal departments and

11 agencies, particularly those that have an impact on

12 economic development, to evaluate the potential im13 pacts of their actions on Indian tribes;

14 (4) consistent with the principles of inherent

15 tribal sovereignty and the special relationship be16 tween Indian tribes and the United States, Indian

17 tribes retain the right to enter into contracts and

18 agreements to trade freely, and seek enforcement of

19 treaty and trade rights;

20 (5) Congress has carried out the responsibility

21 of the United States for the protection and preserva22 tion of Indian tribes and the resources of Indian

23 tribes through the endorsement of treaties, and the

24 enactment of other laws, including laws that provide

25 for the exercise of administrative authorities;
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1 (6) the United States has an obligation to

2 guard and preserve the sovereignty of Indian tribes

3 in order to foster strong tribal governments, Indian

4 self-determination, and economic self-sufficiency

5 among Indian tribes;

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

7 tribal governments and vigorous economies is hin8 dered by the inability of Indian tribes to engage

9 communities that surround Indian lands and outside

10 investors in economic activities on Indian lands;

11 (8) despite the availability of abundant natural

12 resources on Indian lands and a rich cultural legacy

13 that accords great value to self-determination, self14 reliance, and independence, Native Americans suffer

15 higher rates of unemployment, poverty, poor health,

16 substandard housing, and associated social ills than

17 those of any other group in the United States;

18 (9) the United States has an obligation to as19 sist Indian tribes with the creation of appropriate

20 economic and political conditions with respect to In21 dian lands to—

22 (A) encourage investment from outside

23 sources that do not originate with the tribes;

24 and
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1 (B) facilitate economic ventures with out2 side entities that are not tribal entities;

3 (10) the economic success and material well4 being of Native American communities depends on

5 the combined efforts of the Federal Government,

6 tribal governments, the private sector, and individ7 uals;

8 (11) the lack of employment and entrepre9 neurial opportunities in the communities referred to

10 in paragraph (7) has resulted in a multigenerational

11 dependence on Federal assistance that is—

12 (A) insufficient to address the magnitude

13 of needs; and

14 (B) unreliable in availability; and

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

16 and political self-determination for Native Americans

17 can best be served by making available to address

18 the challenges faced by those groups—

19 (A) the resources of the private market;

20 (B) adequate capital; and

21 (C) technical expertise.

22 (b) PURPOSES.—The purposes of this Act are as fol23 lows:

24 (1) To revitalize economically and physically

25 distressed Native American economies by—
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1 (A) encouraging the formation of new busi2 nesses by eligible entities, and the expansion of

3 existing businesses; and

4 (B) facilitating the movement of goods to

5 and from Indian lands and the provision of

6 services by Indians.

7 (2) To promote private investment in the econo8 mies of Indian tribes and to encourage the sustain9 able development of resources of Indian tribes and

10 Indian-owned businesses.

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

12 of the economies of Indian tribes.

13 (4) To raise incomes of Indians in order to re14 duce the number of Indians at poverty levels and

15 provide the means for achieving a higher standard of

16 living on Indian reservations.

17 (5) To encourage intertribal, regional, and

18 international trade and business development in

19 order to assist in increasing productivity and the

20 standard of living of members of Indian tribes and

21 improving the economic self-sufficiency of the gov22 erning bodies of Indian tribes.

23 (6) To promote economic self-sufficiency and

24 political self-determination for Indian tribes and

25 members of Indian tribes.
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1 SEC. 3. DEFINITIONS.

2 In this Act:

3 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti4 ty’’ means an Indian tribe or tribal organization, an

5 Indian arts and crafts organization, as that term is

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

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

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

9 a tribal enterprise, a tribal marketing cooperative

10 (as that term is defined by the Secretary, in con11 sultation with the Secretary of the Interior), or any

12 other Indian-owned business.

13 (2) INDIAN.—The term ‘‘Indian’’ has the mean14 ing given that term in section 4(d) of the Indian

15 Self-Determination and Education Assistance Act

16 (25 U.S.C. 450b(d)).

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

18 ‘‘Indian goods and services’’ means—

19 (A) Indian goods, within the meaning of

20 section 2 of the Act of August 27, 1935 (com21 monly known as the ‘‘Indian Arts and Crafts

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

23 305a);

24 (B) goods produced or originated by an eli25 gible entity; and

26 (C) services provided by eligible entities.
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1 (4) INDIAN LANDS.—

2 (A) IN GENERAL.—The term ‘‘Indian

3 lands’’ includes lands under the definition of—

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

5 section 1151 of title 18, United States

6 Code; or

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

8 (I) section 3(d) of the Indian Fi9 nancing Act of 1974 (25 U.S.C.

10 1452(d)); or

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

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

13 1903(10)).

14 (B) FORMER INDIAN RESERVATIONS IN

15 OKLAHOMA.—For purposes of applying section

16 3(d) of the Indian Financing Act of 1974 (25

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

18 the term ‘‘former Indian reservations in Okla19 homa’’ shall be construed to include lands that

20 are—

21 (i) within the jurisdictional areas of

22 an Oklahoma Indian tribe (as determined

23 by the Secretary of the Interior); and

24 (ii) recognized by the Secretary of the

25 Interior as eligible for trust land status
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1 under part 151 of title 25, Code of Federal

2 Regulations (as in effect on the date of en3 actment of this Act).

4 (5) INDIAN-OWNED BUSINESS.—The term ‘‘In5 dian-owned business’’ means an entity organized for

6 the conduct of trade or commerce with respect to

7 which at least 50 percent of the property interests

8 of the entity are owned by Indians or Indian tribes

9 (or a combination thereof).

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

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

12 the Indian Self-Determination and Education Assist13 ance Act (25 U.S.C. 450b(e)).

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

15 the Secretary of Commerce.

16 (8) TRIBAL ENTERPRISE.—The term ‘‘tribal en17 terprise’’ means a commercial activity or business

18 managed or controlled by an Indian tribe.

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

20 organization’’ has the meaning given that term in

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

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

23 SEC. 4. OFFICE OF NATIVE AMERICAN BUSINESS DEVELOP24 MENT.

25 (a) IN GENERAL.—
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1 (1) ESTABLISHMENT.—There is established

2 within the Department of Commerce an office

3 known as the Office of Native American Business

4 Development (referred to in this Act as the ‘‘Of5 fice’’).

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

7 a Director, appointed by the Secretary, whose title

8 shall be the Director of Native American Business

9 Development (referred to in this Act as the ‘‘Direc10 tor’’). The Director shall be compensated at a rate

11 not to exceed level V of the Executive Schedule

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

13 (b) DUTIES OF THE SECRETARY.—

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

15 through the Director, shall ensure the coordination

16 of Federal programs that provide assistance, includ17 ing financial and technical assistance, to eligible en18 tities for increased business, the expansion of trade

19 by eligible entities, and economic development on In20 dian lands.

21 (2) INTERAGENCY COORDINATION.—The Sec22 retary, acting through the Director, shall coordinate

23 Federal programs relating to Indian economic devel24 opment, including any such program of the Depart25 ment of the Interior, the Small Business Adminis-
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1 tration, the Department of Labor, or any other Fed2 eral agency charged with Indian economic develop3 ment responsibilities.

4 (3) ACTIVITIES.—In carrying out the duties de5 scribed in paragraph (1), the Secretary, acting

6 through the Director, shall ensure the coordination

7 of, or, as appropriate, carry out—

8 (A) Federal programs designed to provide

9 legal, accounting, or financial assistance to eli10 gible entities;

11 (B) market surveys;

12 (C) the development of promotional mate13 rials;

14 (D) the financing of business development

15 seminars;

16 (E) the facilitation of marketing;

17 (F) the participation of appropriate Fed18 eral agencies or eligible entities in trade fairs;

19 (G) any activity that is not described in

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

21 to the development of appropriate markets; and

22 (H) any other activity that the Secretary,

23 in consultation with the Director, determines to

24 be appropriate to carry out this section.
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1 (4) ASSISTANCE.—In conjunction with the ac2 tivities described in paragraph (3), the Secretary,

3 acting through the Director, shall provide—

4 (A) financial assistance, technical assist5 ance, and administrative services to eligible en6 tities to assist those entities with—

7 (i) identifying and taking advantage

8 of business development opportunities; and

9 (ii) compliance with appropriate laws

10 and regulatory practices; and

11 (B) such other assistance as the Secretary,

12 in consultation with the Director, determines to

13 be necessary for the development of business

14 opportunities for eligible entities to enhance the

15 economies of Indian tribes.

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

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

18 the Secretary, acting through the Director, shall give

19 priority to activities that—

20 (A) provide the greatest degree of eco21 nomic benefits to Indians; and

22 (B) foster long-term stable economies of

23 Indian tribes.

24 (6) PROHIBITION.—The Secretary may not pro25 vide under this section assistance for any activity re-
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1 lated to the operation of a gaming activity on Indian

2 lands pursuant to the Indian Gaming Regulatory

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

4 SEC. 5. NATIVE AMERICAN TRADE AND EXPORT PRO5 MOTION.

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

7 Director, shall carry out a Native American export and

8 trade promotion program (referred to in this section as

9 the ‘‘program’’).

10 (b) COORDINATION OF FEDERAL PROGRAMS AND

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

12 acting through the Director, and in cooperation with the

13 heads of appropriate Federal agencies, shall ensure the co14 ordination of Federal programs and services designed to—

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

16 (2) stimulate the demand for Indian goods and

17 services that are available from eligible entities.

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

19 in subsection (b), the Secretary, acting through the Direc20 tor, shall ensure the coordination of, or, as appropriate,

21 carry out—

22 (1) Federal programs designed to provide tech23 nical or financial assistance to eligible entities;

24 (2) the development of promotional materials;

25 (3) the financing of appropriate trade missions;
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1 (4) the marketing of Indian goods and services;

2 (5) the participation of appropriate Federal

3 agencies or eligible entities in international trade

4 fairs; and

5 (6) any other activity related to the develop6 ment of markets for Indian goods and services.

7 (d) TECHNICAL ASSISTANCE.—In conjunction with

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

9 acting through the Director, shall provide technical assist10 ance and administrative services to eligible entities to as11 sist those entities with—

12 (1) the identification of appropriate markets for

13 Indian goods and services;

14 (2) entering the markets referred to in para15 graph (1);

16 (3) compliance with foreign or domestic laws

17 and practices with respect to financial institutions

18 with respect to the export and import of Indian

19 goods and services; and

20 (4) entering into financial arrangements to pro21 vide for the export and import of Indian goods and

22 services.

23 (e) PRIORITIES.—In carrying out the duties and ac24 tivities described in subsections (b) and (c), the Secretary,
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1 acting through the Director, shall give priority to activities

2 that—

3 (1) provide the greatest degree of economic ben4 efits to Indians; and

5 (2) foster long-term stable international mar6 kets for Indian goods and services.

7 SEC. 6. INTERTRIBAL TOURISM DEMONSTRATION

8 PROJECTS.

9 (a) PROGRAM TO CONDUCT TOURISM PROJECTS.—

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

11 through the Director, shall conduct a Native Amer12 ican tourism program to facilitate the development

13 and conduct of tourism demonstration projects by

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

15 basis.

16 (2) DEMONSTRATION PROJECTS.—

17 (A) IN GENERAL.—Under the program es18 tablished under this section, in order to assist

19 in the development and promotion of tourism

20 on and in the vicinity of Indian lands, the Sec21 retary, acting through the Director, shall, in co22 ordination with the Under Secretary of Agri23 culture for Rural Development, assist eligible

24 entities in the planning, development, and im25 plementation of tourism development dem-
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1 onstration projects that meet the criteria de2 scribed in subparagraph (B).

3 (B) PROJECTS DESCRIBED.—In selecting

4 tourism development demonstration projects

5 under this section, the Secretary, acting

6 through the Director, shall select projects that

7 have the potential to increase travel and tour8 ism revenues by attracting visitors to Indian

9 lands and lands in the vicinity of Indian lands,

10 including projects that provide for—

11 (i) the development and distribution

12 of educational and promotional materials

13 pertaining to attractions located on and

14 near Indian lands;

15 (ii) the development of educational re16 sources to assist in private and public tour17 ism development on and in the vicinity of

18 Indian lands; and

19 (iii) the coordination of tourism-re20 lated joint ventures and cooperative efforts

21 between eligible entities and appropriate

22 State and local governments that have ju23 risdiction over areas in the vicinity of In24 dian lands.
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1 (3) GRANTS.—To carry out the program under

2 this section, the Secretary, acting through the Direc3 tor, may award grants or enter into other appro4 priate arrangements with Indian tribes, tribal orga5 nizations, intertribal consortia, or other tribal enti6 ties that the Secretary, in consultation with the Di7 rector, determines to be appropriate.

8 (4) LOCATIONS.—In providing for tourism de9 velopment demonstration projects under the pro10 gram under this section, the Secretary, acting

11 through the Director, shall provide for a demonstra12 tion project to be conducted—

13 (A) for Indians of the Four Corners area

14 located in the area adjacent to the border be15 tween Arizona, Utah, Colorado, and New Mex16 ico;

17 (B) for Indians of the northwestern area

18 that is commonly known as the Great North19 west (as determined by the Secretary);

20 (C) for the Oklahoma Indians in Okla21 homa;

22 (D) for the Indians of the Great Plains

23 area (as determined by the Secretary); and

24 (E) for Alaska Natives in Alaska.
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1 (b) ASSISTANCE.—The Secretary, acting through the

2 Director, shall provide financial assistance, technical as3 sistance, and administrative services to participants that

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

5 out a tourism development project under this section, with

6 respect to—

7 (1) feasibility studies conducted as part of that

8 project;

9 (2) market analyses;

10 (3) participation in tourism and trade missions;

11 and

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

13 consultation with the Director, determines to be ap14 propriate to carry out this section.

15 (c) INFRASTRUCTURE DEVELOPMENT.—The dem16 onstration projects conducted under this section shall in17 clude provisions to facilitate the development and financ18 ing of infrastructure, including the development of Indian

19 reservation roads in a manner consistent with title 23,

20 United States Code.

21 SEC. 7. REPORT TO CONGRESS.

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

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

24 the Secretary, in consultation with the Director, shall pre25 pare and submit to the Committee on Indian Affairs of
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1 the Senate and the Committee on Resources of the House

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

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

4 under subsection (a) shall include—

5 (1) for the period covered by the report, a sum6 mary of the activities conducted by the Secretary,

7 acting through the Director, in carrying out sections

8 4 through 6; and

9 (2) any recommendations for legislation that

10 the Secretary, in consultation with the Director, de11 termines to be necessary to carry out sections 4

12 through 6.

13 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

14 There are authorized to be appropriated such sums

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

16 until expended.

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