Calendar No. 269

106TH CONGRESS

1ST SESSION S. 401

[Report No. 106–149]

A BILL

To provide for business development and trade proposes. motion for Native Americans, and for other purSEPTEMBER 8, 1999

Reported with an amendment
II

Calendar No. 269

106TH CONGRESS

1ST SESSION S. 401

[Report No. 106–149]

To provide for business development and trade promotion for Native

Americans, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 10, 1999

Mr. CAMPBELL (for himself, Mr. INOUYE, Mr. WELLSTONE, Mr. MURKOWSKI,

and Mr. HATCH) introduced the following bill; which was read twice and

referred to the Committee on Indian Affairs

SEPTEMBER 8, 1999

Reported by Mr. CAMPBELL, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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,
2

•S 401 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Native American Busi3 ness Development, Trade Promotion, and Tourism Act of

4 1999’’.

5 SEC. 2. FINDINGS; PURPOSES.

6 (a) FINDINGS.—Congress finds that—

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

8 United States Constitution recognizes the special re9 lationship between the United States and Indian

10 tribes;

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

12 the Nixon Administration, of the Indian self-deter13 mination era of the Federal Government, each Presi14 dent has confirmed the special government-to-gov15 ernment relationship between Indian tribes and the

16 United States;

17 (3) in 1994, President Clinton issued an Execu18 tive memorandum to the heads of departments and

19 agencies that obligated all Federal departments and

20 agencies, particularly those that have an impact on

21 economic development, to evaluate the potential im22 pacts of their actions on Indian tribes;

23 (4) consistent with the principles of inherent

24 tribal sovereignty and the special relationship be25 tween Indian tribes and the United States, Indian

26 tribes retain the right to enter into contracts and
3

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1 agreements to trade freely, and seek enforcement of

2 treaty and trade rights;

3 (5) Congress has carried out the responsibility

4 of the United States for the protection and preserva5 tion of Indian tribes and the resources of Indian

6 tribes through the endorsement of treaties, and the

7 enactment of other laws, including laws that provide

8 for the exercise of administrative authorities;

9 (6) the United States has an obligation to

10 guard and preserve the sovereignty of Indian tribes

11 in order to foster strong tribal governments, Indian

12 self-determination, and economic self-sufficiency

13 among Indian tribes;

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

15 tribal governments and vigorous economies is hin16 dered by the inability of Indian tribes to engage

17 communities that surround Indian lands and outside

18 investors in economic activities on Indian lands;

19 (8) despite the availability of abundant natural

20 resources on Indian lands and a rich cultural legacy

21 that accords great value to self-determination, self22 reliance, and independence, American Indians and

23 Alaska Natives suffer higher rates of unemployment,

24 poverty, poor health, substandard housing, and asso-
4

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1 ciated social ills than those of any other group in the

2 United States;

3 (9) the United States has an obligation to as4 sist Indian tribes with the creation of appropriate

5 economic and political conditions with respect to In6 dian lands to—

7 (A) encourage investment from outside

8 sources that do not originate with the tribes;

9 and

10 (B) facilitate economic ventures with out11 side entities that are not tribal entities;

12 (10) the economic success and material well13 being of American Indian and Alaska Native com14 munities depends on the combined efforts of the

15 Federal Government, tribal governments, the private

16 sector, and individuals;

17 (11) the lack of employment and entrepre18 neurial opportunities in the communities referred to

19 in paragraph (8) has resulted in a multigenerational

20 dependence on Federal assistance that is—

21 (A) insufficient to address the magnitude

22 of needs; and

23 (B) unreliable in availability; and

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

25 and political self-determination for American Indians
5

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1 and Alaska Natives can best be served by making

2 available to address the challenges faced by those

3 groups—

4 (A) the resources of the private market;

5 (B) adequate capital; and

6 (C) technical expertise.

7 (b) PURPOSES.—The purposes of this Act are as fol8 lows:

9 (1) To revitalize economically and physically

10 distressed Indian reservation economies by—

11 (A) encouraging the formation of new busi12 nesses by eligible entities, the expansion of ex13 isting businesses; and

14 (B) facilitating the movement of goods to

15 and from Indian reservations and the provision

16 of services by Indians.

17 (2) To promote private investment in the econo18 mies of Indian tribes and to encourage the sustain19 able development of resources of Indian tribes and

20 tribal- and Indian-owned businesses.

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

22 of the economies of Indian tribes.

23 (4) To raise incomes of Indians in order to re24 duce poverty levels and provide the means for
6

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1 achieving a higher standard of living on Indian res2 ervations.

3 (5) To encourage intertribal, regional, and

4 international trade and business development in

5 order to assist in increasing productivity and the

6 standard of living of members of Indian tribes and

7 improving the economic self-sufficiency of the gov8 erning bodies of Indian tribes.

9 (6) To promote economic self-sufficiency and

10 political self-determination for Indian tribes and

11 members of Indian tribes.

12 SEC. 3. DEFINITIONS.

13 In this Act:

14 (1) BOARD.—The term ‘‘Board’’ has the mean15 ing given that term in the first section of the Act

16 entitled ‘‘To provide for the establishment, oper17 ation, and maintenance of foreign-trade zones in

18 ports of entry in the United States, to expedite and

19 encourage foreign commerce, and for other pur20 poses’’, approved June 18, 1934 (19 U.S.C. 81a).

21 (2) DIRECTOR.—The term ‘‘Director’’ means

22 Director of Native American Business Development

23 appointed under section 4(a).

24 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti25 ty’’ means an Indian tribe, tribal organization, In-
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1 dian arts and crafts organization, tribal enterprise,

2 tribal marketing cooperative, or Indian-owned busi3 ness.

4 (4) FEDERAL AGENCY.—The term ‘‘Federal

5 agency’’ means an agency, as that term is defined

6 in section 551(1) of title 5, United States Code.

7 (5) FOUNDATION.—The term ‘‘Foundation’’

8 means the Rural Development Foundation.

9 (6) INDIAN.—The term ‘‘Indian’’ has the mean10 ing given that term in section 4(d) of the Indian

11 Self-Determination and Education Assistance Act

12 (25 U.S.C. 450b(d)).

13 (7) INDIAN ARTS AND CRAFTS ORGANIZA14 TION.—The term ‘‘Indian arts and crafts organiza15 tion’’ has the meaning given that term under section

16 2 of the Act of August 27, 1935 (49 Stat. 891,

17 chapter 748; 25 U.S.C. 305a).

18 (8) INDIAN GOODS AND SERVICES.—The term

19 ‘‘Indian goods and services’’ means—

20 (A) Indian goods, within the meaning of

21 section 2 of the Act of August 27, 1935 (com22 monly known as the ‘‘Indian Arts and Crafts

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

24 305a);
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1 (B) goods produced or originating within

2 an eligible entity; and

3 (C) services provided by eligible entities.

4 (9) INDIAN LANDS.—The term ‘‘Indian lands’’

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

6 the Indian Gaming Regulatory Act (25 U.S.C.

7 2703(4)).

8 (10) INDIAN-OWNED BUSINESS.—The term ‘‘In9 dian-owned business’’ means an entity organized for

10 the conduct of trade or commerce with respect to

11 which at least 50 percent of the property interests

12 of the entity are owned by Indians or Indian tribes

13 (or a combination thereof).

14 (11) INDIAN TRIBE.—The term ‘‘Indian tribe’’

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

16 the Indian Self-Determination and Education Assist17 ance Act (25 U.S.C. 450b(e)).

18 (12) OFFICE.—The term ‘‘Office’’ means the

19 Office of Native American Business Development es20 tablished under section 4(a).

21 (13) SECRETARY.—The term ‘‘Secretary’’

22 means the Secretary of Commerce.

23 (14) TRIBAL ENTERPRISE.—The term ‘‘tribal

24 enterprise’’ means a commercial activity or business

25 managed or controlled by an Indian tribe.
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1 (15) TRIBAL MARKETING COOPERATIVE.—The

2 term ‘‘tribal marketing cooperative’’ shall have the

3 meaning given that term by the Secretary, in con4 sultation with the Secretary of the Interior.

5 (16) TRIBAL ORGANIZATION.—The term ‘‘tribal

6 organization’’ has the meaning given that term in

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

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

9 SEC. 4. OFFICE OF NATIVE AMERICAN BUSINESS DEVELOP10 MENT.

11 (a) IN GENERAL.—

12 (1) ESTABLISHMENT.—There is established

13 within the Department of Commerce an office

14 known as the Office of Native American Business

15 Development.

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

17 a Director, appointed by the Secretary, whose title

18 shall be the Director of Native American Business

19 Development. The Director shall be compensated at

20 a rate not to exceed level V of the Executive Sched21 ule under section 5316 of title 5, United States

22 Code.

23 (b) DUTIES OF THE SECRETARY.—

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

25 through the Director, shall ensure the coordination
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1 of Federal programs that provide assistance, includ2 ing financial and technical assistance, to eligible en3 tities for increased business, the expansion of trade

4 by eligible entities, and economic development on In5 dian lands.

6 (2) ACTIVITIES.—In carrying out the duties de7 scribed in paragraph (1), the Secretary, acting

8 through the Director, shall ensure the coordination

9 of, or, as appropriate, carry out—

10 (A) Federal programs designed to provide

11 legal, accounting, or financial assistance to eli12 gible entities;

13 (B) market surveys;

14 (C) the development of promotional mate15 rials;

16 (D) the financing of business development

17 seminars;

18 (E) the facilitation of marketing;

19 (F) the participation of appropriate Fed20 eral agencies or eligible entities in trade fairs;

21 (G) any activity that is not described in

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

23 to the development of appropriate markets; and
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1 (H) any other activity that the Secretary,

2 in consultation with the Director, determines to

3 be appropriate to carry out this section.

4 (3) ASSISTANCE.—In conjunction with the ac5 tivities described in paragraph (2), the Secretary,

6 acting through the Director, shall provide—

7 (A) financial assistance, technical assist8 ance, and administrative services to eligible en9 tities to assist those entities with—

10 (i) identifying and taking advantage

11 of business development opportunities; and

12 (ii) compliance with appropriate laws

13 and regulatory practices; and

14 (B) such other assistance as the Secretary,

15 in consultation with the Director, determines to

16 be necessary for the development of business

17 opportunities for eligible entities to enhance the

18 economies of Indian tribes.

19 (4) PRIORITIES.—In carrying out the duties

20 and activities described in paragraphs (2) and (3),

21 the Secretary, acting through the Director, shall give

22 priority to activities that—

23 (A) provide the greatest degree of eco24 nomic benefits to Indians; and
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1 (B) foster long-term stable economies of

2 Indian tribes.

3 (5) PROHIBITION.—The Secretary may not pro4 vide under this section assistance for any activity re5 lated to the operation of a gaming activity on Indian

6 lands pursuant to the Indian Gaming Regulatory

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

8 SEC. 5. NATIVE AMERICAN TRADE AND EXPORT PRO9 MOTION.

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

11 Director, shall carry out a Native American export and

12 trade promotion program (referred to in this section as

13 the ‘‘program’’).

14 (b) COORDINATION OF FEDERAL PROGRAMS AND

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

16 acting through the Director, and in cooperation with the

17 heads of appropriate Federal agencies, shall ensure the co18 ordination of Federal programs and services designed to—

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

20 (2) stimulate the demand for Indian goods and

21 services that are available to eligible entities.

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

23 in subsection (b), the Secretary, acting through the Direc24 tor, shall ensure the coordination of, or, as appropriate,

25 carry out—
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1 (1) Federal programs designed to provide tech2 nical or financial assistance to eligible entities;

3 (2) the development of promotional materials;

4 (3) the financing of appropriate trade missions;

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

6 (5) the participation of appropriate Federal

7 agencies or eligible entities in international trade

8 fairs; and

9 (6) any other activity related to the develop10 ment of markets for Indian goods and services.

11 (d) TECHNICAL ASSISTANCE.—In conjunction with

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

13 acting through the Director, shall provide technical assist14 ance and administrative services to eligible entities to as15 sist those entities with—

16 (1) the identification of appropriate markets for

17 Indian goods and services;

18 (2) entering the markets referred to in para19 graph (1);

20 (3) compliance with foreign or domestic laws

21 and practices with respect to financial institutions

22 with respect to the export and import of Indian

23 goods and services; and
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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) IN GENERAL.—

15 (1) DEMONSTRATION PROJECTS.—The Sec16 retary, acting through the Director, shall conduct a

17 Native American tourism program to facilitate the

18 development and conduct of tourism demonstration

19 projects by Indian tribes, on a tribal, intertribal, or

20 regional basis.

21 (2) 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-
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1 retary, acting through the Director, shall, in co2 ordination with the Foundation, assist eligible

3 entities in the planning, development, and im4 plementation of tourism development dem5 onstration projects that meet the criteria de6 scribed in subparagraph (B).

7 (B) PROJECTS DESCRIBED.—In selecting

8 tourism development demonstration projects

9 under this section, the Secretary, acting

10 through the Director, shall select projects that

11 have the potential to increase travel and tour12 ism revenues by attracting visitors to Indian

13 lands and in the vicinity of Indian lands, in14 cluding projects that provide for—

15 (i) the development and distribution

16 of educational and promotional materials

17 pertaining to attractions located on and

18 near Indian lands;

19 (ii) the development of educational re20 sources to assist in private and public tour21 ism development on and in the vicinity of

22 Indian lands; and

23 (iii) the coordination of tourism-re24 lated joint ventures and cooperative efforts

25 between eligible entities and appropriate
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1 State and local governments that have ju2 risdiction over areas in the vicinity of In3 dian lands.

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

5 this section, the Secretary, acting through the Direc6 tor, may award grants or enter into other appro7 priate arrangements with Indian tribes, tribal orga8 nizations, intertribal consortia, or other tribal enti9 ties that the Secretary, in consultation with the Di10 rector, determines to be appropriate.

11 (4) LOCATIONS.—In providing for tourism de12 velopment demonstration projects under the pro13 gram under this section, the Secretary, acting

14 through the Director, shall provide for a demonstra15 tion project to be conducted—

16 (A) for Indians of the Four Corners area

17 located in the area adjacent to the border be18 tween Arizona, Utah, Colorado, and New Mex19 ico;

20 (B) for Indians of the northwestern area

21 that is commonly known as the Great North22 west (as determined by the Secretary);

23 (C) for the Oklahoma Indians in Okla24 homa; and
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1 (D) for the Indians of the Great Plains

2 area (as determined by the Secretary).

3 (b) STUDIES.—The Secretary, acting through the Di4 rector, shall provide financial assistance, technical assist5 ance, and administrative services to participants that the

6 Secretary, acting through the Director, selects to carry out

7 a tourism development project under this section, with re8 spect to—

9 (1) feasibility studies conducted as part of that

10 project;

11 (2) market analyses;

12 (3) participation in tourism and trade missions;

13 and

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

15 consultation with the Director, determines to be ap16 propriate to carry out this section.

17 (c) INFRASTRUCTURE DEVELOPMENT.—The dem18 onstration projects conducted under this section shall in19 clude provisions to facilitate the development and financ20 ing of infrastructure, including the development of Indian

21 reservation roads in a manner consistent with title 23,

22 United States Code.

23 SEC. 7. REPORT TO CONGRESS.

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

25 date of enactment of this Act, and annually thereafter,
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1 the Secretary, in consultation with the Director, shall pre2 pare and submit to the Committee on Indian Affairs of

3 the Senate and the Committee on Resources of the House

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

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

6 under subsection (a) shall include—

7 (1) for the period covered by the report, a sum8 mary of the activities conducted by the Secretary,

9 acting through the Director, in carrying out sections

10 4 through 6; and

11 (2) any recommendations for legislation that

12 the Secretary, in consultation with the Director, de13 termines to be necessary to carry out sections 4

14 through 6.

15 SEC. 8. FOREIGN-TRADE ZONE PREFERENCES.

16 (a) PREFERENCE IN ESTABLISHMENT OF FOREIGN17 TRADE ZONES IN INDIAN ENTERPRISE ZONES.—In proc18 essing applications for the establishment of foreign-trade

19 zones pursuant to the Act entitled ‘‘To provide for the es20 tablishment, operation, and maintenance of foreign-trade

21 zones in ports of entry of the United States, to expedite

22 and encourage foreign commerce, and for other purposes’’,

23 approved June 18, 1934 (19 U.S.C. 81a et seq.), the

24 Board shall consider, on a priority basis, and expedite, to

25 the maximum extent practicable, the processing of any ap-
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1 plication involving the establishment of a foreign-trade

2 zone on Indian lands, including any Indian lands des3 ignated as an empowerment zone or enterprise community

4 pursuant to section 1391 of the Internal Revenue Code

5 of 1986.

6 (b) APPLICATION PROCEDURE.—In processing appli7 cations for the establishment of ports of entry pursuant

8 to the Act entitled ‘‘An Act making appropriations for

9 sundry civil expenses of the Government for the fiscal year

10 ending June thirtieth, nineteen hundred and fifteen, and

11 for other purposes’’, approved August 1, 1914 (19 U.S.C.

12 2), the Secretary of the Treasury shall, with respect to

13 any application involving the establishment of a port of

14 entry that is necessary to permit the establishment of a

15 foreign-trade zone on Indian lands—

16 (1) consider on a priority basis; and

17 (2) expedite, to the maximum extent prac18 ticable, the processing of that application.

19 (c) APPLICATION EVALUATION.—In evaluating appli20 cations for the establishment of foreign-trade zones and

21 ports of entry in connection with Indian lands, to the max22 imum extent practicable and consistent with applicable

23 law, the Board and Secretary of the Treasury shall ap24 prove the applications.
20

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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Native American Busi3 ness Development, Trade Promotion, and Tourism Act of

4 1999’’.

5 SEC. 2. FINDINGS; PURPOSES.

6 (a) FINDINGS.—Congress finds that—

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

8 States Constitution recognizes the special relationship

9 between the United States and Indian tribes;

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

11 the Nixon Administration of the Indian self-deter12 mination era, each President has reaffirmed the spe13 cial government-to-government relationship between

14 Indian tribes and the United States;

15 (3) in 1994, President Clinton issued an Execu16 tive memorandum to the heads of departments and

17 agencies that obligated all Federal departments and

18 agencies, particularly those that have an impact on

19 economic development, to evaluate the potential im20 pacts of their actions on Indian tribes;

21 (4) consistent with the principles of inherent

22 tribal sovereignty and the special relationship between

23 Indian tribes and the United States, Indian tribes re24 tain the right to enter into contracts and agreements

25 to trade freely, and seek enforcement of treaty and

26 trade rights;
21

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1 (5) Congress has carried out the responsibility of

2 the United States for the protection and preservation

3 of Indian tribes and the resources of Indian tribes

4 through the endorsement of treaties, and the enact5 ment of other laws, including laws that provide for

6 the exercise of administrative authorities;

7 (6) the United States has an obligation to guard

8 and preserve the sovereignty of Indian tribes in order

9 to foster strong tribal governments, Indian self-deter10 mination, and economic self-sufficiency among In11 dian tribes;

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

13 tribal governments and vigorous economies is hin14 dered by the inability of Indian tribes to engage com15 munities that surround Indian lands and outside in16 vestors in economic activities on Indian lands;

17 (8) despite the availability of abundant natural

18 resources on Indian lands and a rich cultural legacy

19 that accords great value to self-determination, self-re20 liance, and independence, Native Americans suffer

21 higher rates of unemployment, poverty, poor health,

22 substandard housing, and associated social ills than

23 those of any other group in the United States;

24 (9) the United States has an obligation to assist

25 Indian tribes with the creation of appropriate eco-
22

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1 nomic and political conditions with respect to Indian

2 lands to—

3 (A) encourage investment from outside

4 sources that do not originate with the tribes; and

5 (B) facilitate economic ventures with out6 side entities that are not tribal entities;

7 (10) the economic success and material well8 being of Native American communities depends on the

9 combined efforts of the Federal Government, tribal

10 governments, the private sector, and individuals;

11 (11) the lack of employment and entrepreneurial

12 opportunities in the communities referred to in para13 graph (7) has resulted in a multigenerational depend14 ence on Federal assistance that is—

15 (A) insufficient to address the magnitude of

16 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 the

21 challenges faced by those groups—

22 (A) the resources of the private market;

23 (B) adequate capital; and

24 (C) technical expertise.
23

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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 serv10 ices by Indians.

11 (2) To promote private investment in the econo12 mies of Indian tribes and to encourage the sustainable

13 development of resources of Indian tribes and Indian14 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 pro19 vide the means for achieving a higher standard of liv20 ing on Indian reservations.

21 (5) To encourage intertribal, regional, and inter22 national trade and business development in order to

23 assist in increasing productivity and the standard of

24 living of members of Indian tribes and improving the
24

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1 economic self-sufficiency of the governing bodies of In2 dian tribes.

3 (6) To promote economic self-sufficiency and po4 litical self-determination for Indian tribes and mem5 bers of Indian tribes.

6 SEC. 3. DEFINITIONS.

7 In this Act:

8 (1) BOARD.—The term ‘‘Board’’ has the meaning

9 given that term in the first section of the Act entitled

10 ‘‘To provide for the establishment, operation, and

11 maintenance of foreign-trade zones in ports of entry

12 in the United States, to expedite and encourage for13 eign commerce, and for other purposes’’, approved

14 June 18, 1934 (19 U.S.C. 81a).

15 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti16 ty’’ means an Indian tribe or tribal organization, an

17 Indian arts and crafts organization, as that term is

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

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

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

21 tribal enterprise, a tribal marketing cooperative (as

22 that term is defined by the Secretary, in consultation

23 with the Secretary of the Interior), or any other In24 dian-owned business.
25

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1 (3) INDIAN.—The term ‘‘Indian’’ has the mean2 ing given that term in section 4(d) of the Indian Self3 Determination and Education Assistance Act (25

4 U.S.C. 450b(d)).

5 (4) INDIAN GOODS AND SERVICES.—The term

6 ‘‘Indian goods and services’’ means—

7 (A) Indian goods, within the meaning of

8 section 2 of the Act of August 27, 1935 (com9 monly known as the ‘‘Indian Arts and Crafts

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

11 305a);

12 (B) goods produced or originated by an eli13 gible entity; and

14 (C) services provided by eligible entities.

15 (5) INDIAN LANDS.—

16 (A) IN GENERAL.—The term ‘‘Indian

17 lands’’ includes lands under the definition of—

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

19 section 1151 of title 18, United States Code;

20 or

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

22 (I) section 3(d) of the Indian Fi23 nancing Act of 1974 (25 U.S.C.

24 1452(d)); or
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1 (II) section 4(10) of the Indian

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

3 1903(10)).

4 (B) FORMER INDIAN RESERVATIONS IN

5 OKLAHOMA.—For purposes of applying section

6 3(d) of the Indian Financing Act of 1974 (25

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

8 term ‘‘former Indian reservations in Oklahoma’’

9 shall be construed to include lands that are—

10 (i) within the jurisdictional areas of

11 an Oklahoma Indian tribe (as determined

12 by the Secretary of the Interior); and

13 (ii) recognized by the Secretary of the

14 Interior as eligible for trust land status

15 under part 151 of title 25, Code of Federal

16 Regulations (as in effect on the date of en17 actment of this Act).

18 (6) INDIAN-OWNED BUSINESS.—The term ‘‘In19 dian-owned business’’ means an entity organized for

20 the conduct of trade or commerce with respect to

21 which at least 50 percent of the property interests of

22 the entity are owned by Indians or Indian tribes (or

23 a combination thereof).

24 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has

25 the meaning given that term in section 4(e) of the In-
27

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1 dian Self-Determination and Education Assistance

2 Act (25 U.S.C. 450b(e)).

3 (8) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of Commerce.

5 (9) TRIBAL ENTERPRISE.—The term ‘‘tribal en6 terprise’’ means a commercial activity or business

7 managed or controlled by an Indian tribe.

8 (10) TRIBAL ORGANIZATION.—The term ‘‘tribal

9 organization’’ has the meaning given that term in

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

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

12 SEC. 4. OFFICE OF NATIVE AMERICAN BUSINESS DEVELOP13 MENT.

14 (a) IN GENERAL.—

15 (1) ESTABLISHMENT.—There is established with16 in the Department of Commerce an office known as

17 the Office of Native American Business Development

18 (referred to in this Act as the ‘‘Office’’).

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

20 Director, appointed by the Secretary, whose title shall

21 be the Director of Native American Business Develop22 ment (referred to in this Act as the ‘‘Director’’). The

23 Director shall be compensated at a rate not to exceed

24 level V of the Executive Schedule under section 5316

25 of title 5, United States Code.
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1 (b) DUTIES OF THE SECRETARY.—

2 (1) IN GENERAL.—The Secretary, acting through

3 the Director, shall ensure the coordination of Federal

4 programs that provide assistance, including financial

5 and technical assistance, to eligible entities for in6 creased business, the expansion of trade by eligible en7 tities, and economic development on Indian lands.

8 (2) INTERAGENCY COORDINATION.—The Sec9 retary, acting through the Director, shall coordinate

10 Federal programs relating to Indian economic devel11 opment, including any such program of the Depart12 ment of the Interior, the Small Business Administra13 tion, the Department of Labor, or any other Federal

14 agency charged with Indian economic development re15 sponsibilities.

16 (3) ACTIVITIES.—In carrying out the duties de17 scribed in paragraph (1), the Secretary, acting

18 through the Director, shall ensure the coordination of,

19 or, as appropriate, carry out—

20 (A) Federal programs designed to provide

21 legal, accounting, or financial assistance to eligi22 ble entities;

23 (B) market surveys;

24 (C) the development of promotional mate25 rials;
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1 (D) the financing of business development

2 seminars;

3 (E) the facilitation of marketing;

4 (F) the participation of appropriate Fed5 eral agencies or eligible entities in trade fairs;

6 (G) any activity that is not described in

7 subparagraphs (A) through (F) that is related to

8 the development of appropriate markets; and

9 (H) any other activity that the Secretary,

10 in consultation with the Director, determines to

11 be appropriate to carry out this section.

12 (4) ASSISTANCE.—In conjunction with the ac13 tivities described in paragraph (3), the Secretary, act14 ing through the Director, shall provide—

15 (A) financial assistance, technical assist16 ance, and administrative services to eligible enti17 ties to assist those entities with—

18 (i) identifying and taking advantage of

19 business development opportunities; and

20 (ii) compliance with appropriate laws

21 and regulatory practices; and

22 (B) such other assistance as the Secretary,

23 in consultation with the Director, determines to

24 be necessary for the development of business op-
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1 portunities for eligible entities to enhance the

2 economies of Indian tribes.

3 (5) PRIORITIES.—In carrying out the duties and

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

5 Secretary, acting through the Director, shall give pri6 ority to activities that—

7 (A) provide the greatest degree of economic

8 benefits to Indians; and

9 (B) foster long-term stable economies of In10 dian tribes.

11 (6) PROHIBITION.—The Secretary may not pro12 vide under this section assistance for any activity re13 lated to the operation of a gaming activity on Indian

14 lands pursuant to the Indian Gaming Regulatory Act

15 (25 U.S.C. 2710 et seq.).

16 SEC. 5. NATIVE AMERICAN TRADE AND EXPORT PRO17 MOTION.

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

19 Director, shall carry out a Native American export and

20 trade promotion program (referred to in this section as the

21 ‘‘program’’).

22 (b) COORDINATION OF FEDERAL PROGRAMS AND

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

24 acting through the Director, and in cooperation with the
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1 heads of appropriate Federal agencies, shall ensure the co2 ordination of Federal programs and services designed to—

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

4 (2) stimulate the demand for Indian goods and

5 services that are available from eligible entities.

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

7 in subsection (b), the Secretary, acting through the Director,

8 shall ensure the coordination of, or, as appropriate, carry

9 out—

10 (1) Federal programs designed to provide tech11 nical or financial assistance to eligible entities;

12 (2) the development of promotional materials;

13 (3) the financing of appropriate trade missions;

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

15 (5) the participation of appropriate Federal

16 agencies or eligible entities in international trade

17 fairs; and

18 (6) any other activity related to the development

19 of markets for Indian goods and services.

20 (d) TECHNICAL ASSISTANCE.—In conjunction with the

21 activities described in subsection (c), the Secretary, acting

22 through the Director, shall provide technical assistance and

23 administrative services to eligible entities to assist those en24 tities with—
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1 (1) the identification of appropriate markets for

2 Indian goods and services;

3 (2) entering the markets referred to in paragraph

4 (1);

5 (3) compliance with foreign or domestic laws

6 and practices with respect to financial institutions

7 with respect to the export and import of Indian goods

8 and services; and

9 (4) entering into financial arrangements to pro10 vide for the export and import of Indian goods and

11 services.

12 (e) PRIORITIES.—In carrying out the duties and ac13 tivities described in subsections (b) and (c), the Secretary,

14 acting through the Director, shall give priority to activities

15 that—

16 (1) provide the greatest degree of economic bene17 fits to Indians; and

18 (2) foster long-term stable international markets

19 for Indian goods and services.

20 SEC. 6. INTERTRIBAL TOURISM DEMONSTRATION

21 PROJECTS.

22 (a) PROGRAM TO CONDUCT TOURISM PROJECTS.—

23 (1) IN GENERAL.—The Secretary, acting through

24 the Director, shall conduct a Native American tour25 ism program to facilitate the development and con-
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1 duct of tourism demonstration projects by Indian

2 tribes, on a tribal, intertribal, or regional basis.

3 (2) DEMONSTRATION PROJECTS.—

4 (A) IN GENERAL.—Under the program es5 tablished under this section, in order to assist in

6 the development and promotion of tourism on

7 and in the vicinity of Indian lands, the Sec8 retary, acting through the Director, shall, in co9 ordination with the Under Secretary of Agri10 culture for Rural Development, assist eligible en11 tities in the planning, development, and imple12 mentation of tourism development demonstration

13 projects that meet the criteria described in sub14 paragraph (B).

15 (B) PROJECTS DESCRIBED.—In selecting

16 tourism development demonstration projects

17 under this section, the Secretary, acting through

18 the Director, shall select projects that have the

19 potential to increase travel and tourism revenues

20 by attracting visitors to Indian lands and lands

21 in the vicinity of Indian lands, including

22 projects that provide for—

23 (i) the development and distribution of

24 educational and promotional materials per-
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1 taining to attractions located on and near

2 Indian lands;

3 (ii) the development of educational re4 sources to assist in private and public tour5 ism development on and in the vicinity of

6 Indian lands; and

7 (iii) the coordination of tourism-re8 lated joint ventures and cooperative efforts

9 between eligible entities and appropriate

10 State and local governments that have juris11 diction over areas in the vicinity of Indian

12 lands.

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

14 this section, the Secretary, acting through the Direc15 tor, may award grants or enter into other appro16 priate arrangements with Indian tribes, tribal orga17 nizations, intertribal consortia, or other tribal entities

18 that the Secretary, in consultation with the Director,

19 determines to be appropriate.

20 (4) LOCATIONS.—In providing for tourism devel21 opment demonstration projects under the program

22 under this section, the Secretary, acting through the

23 Director, shall provide for a demonstration project to

24 be conducted—
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1 (A) for Indians of the Four Corners area lo2 cated in the area adjacent to the border between

3 Arizona, Utah, Colorado, and New Mexico;

4 (B) for Indians of the northwestern area

5 that is commonly known as the Great Northwest

6 (as determined by the Secretary);

7 (C) for the Oklahoma Indians in Oklahoma;

8 (D) for the Indians of the Great Plains area

9 (as determined by the Secretary); and

10 (E) for Alaska Natives in Alaska.

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

12 Director, shall provide financial assistance, technical assist13 ance, and administrative services to participants that the

14 Secretary, acting through the Director, selects to carry out

15 a tourism development project under this section, with re16 spect to—

17 (1) feasibility studies conducted as part of that

18 project;

19 (2) market analyses;

20 (3) participation in tourism and trade missions;

21 and

22 (4) any other activity that the Secretary, in con23 sultation with the Director, determines to be appro24 priate to carry out this section.
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1 (c) INFRASTRUCTURE DEVELOPMENT.—The dem2 onstration projects conducted under this section shall in3 clude provisions to facilitate the development and financing

4 of infrastructure, including the development of Indian res5 ervation roads in a manner consistent with title 23, United

6 States Code.

7 SEC. 7. REPORT TO CONGRESS.

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

9 of enactment of this Act, and annually thereafter, the Sec10 retary, in consultation with the Director, shall prepare and

11 submit to the Committee on Indian Affairs of the Senate

12 and the Committee on Resources of the House of Representa13 tives a report on the operation of the Office.

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

15 under subsection (a) shall include—

16 (1) for the period covered by the report, a sum17 mary of the activities conducted by the Secretary, act18 ing through the Director, in carrying out sections 4

19 through 6; and

20 (2) any recommendations for legislation that the

21 Secretary, in consultation with the Director, deter22 mines to be necessary to carry out sections 4 through

23 6.
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1 SEC. 8. FOREIGN-TRADE ZONE PREFERENCES.

2 (a) PREFERENCE IN ESTABLISHMENT OF FOREIGN3 TRADE ZONES IN INDIAN ENTERPRISE ZONES.—In proc4 essing applications for the establishment of foreign-trade

5 zones pursuant to the Act entitled ‘‘An Act to provide for

6 the establishment, operation, and maintenance of foreign7 trade zones in ports of entry of the United States, to expe8 dite and encourage foreign commerce, and for other pur9 poses’’, approved June 18, 1934 (19 U.S.C. 81a et seq.),

10 the Board shall consider, on a priority basis, and expedite,

11 to the maximum extent practicable, the processing of any

12 application involving the establishment of a foreign-trade

13 zone on Indian lands, including any Indian lands des14 ignated as an empowerment zone or enterprise community

15 pursuant to section 1391 of the Internal Revenue Code of

16 1986.

17 (b) APPLICATION PROCEDURE.—In processing appli18 cations for the establishment of ports of entry pursuant to

19 the Act entitled ‘‘An Act making appropriations for sundry

20 civil expenses of the Government for the fiscal year ending

21 June thirtieth, nineteen hundred and fifteen, and for other

22 purposes’’, approved August 1, 1914 (19 U.S.C. 2), the Sec23 retary of the Treasury shall, with respect to any application

24 involving the establishment of a port of entry that is nec25 essary to permit the establishment of a foreign-trade zone

26 on Indian lands—
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1 (1) consider that application on a priority basis;

2 and

3 (2) expedite, to the maximum extent practicable,

4 the processing of that application.

5 (c) APPLICATION EVALUATION.—In evaluating appli6 cations for the establishment of foreign-trade zones and

7 ports of entry in connection with Indian lands, to the max8 imum extent practicable and consistent with applicable

9 law, the Board and the Secretary of the Treasury shall ap10 prove the applications.

11 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

12 There are authorized to be appropriated such sums as

13 are necessary to carry out this Act, to remain available

14 until expended.