II

105TH CONGRESS

2D SESSION S. 2010

To provide for business development and trade promotion for Native

Americans, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 30, 1998

Mr. CAMPBELL 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 1998’’.

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 of the Federal Government, each Presi6 dent has confirmed the special government-to-gov7 ernment relationship between Indian tribes and the

8 United States;

9 (3) in 1994, President Clinton issued an Execu10 tive memorandum to the heads of departments and

11 agencies that obligated all Federal departments and

12 agencies, particularly those that have an impact on

13 economic development, to evaluate the potential im14 pacts of their actions on Indian tribes;

15 (4) consistent with the principles of inherent

16 tribal sovereignty and the special relationship be17 tween Indian tribes and the United States, tribes re18 tain the right to enter into contracts and agreements

19 to trade freely, and seek enforcement of treaty and

20 trade rights;

21 (5) Congress has carried out the responsibility

22 of the United States for the protection and preserva23 tion of Indian tribes and the resources of Indian

24 tribes through the endorsement of treaties, and the
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1 enactment of other laws, including laws that provide

2 for the exercise of administrative authorities;

3 (6) the United States has an obligation to

4 guard and preserve the sovereignty of Indian tribes

5 in order to foster strong tribal governments, Indian

6 self-determination, and economic self-sufficiency

7 among Indian tribes;

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

9 tribal governments and vigorous economies is hin10 dered by the inability of Indian tribes to engage

11 communities that surround Indian lands and outside

12 investors in economic activities on Indian lands;

13 (8) despite the availability of abundant natural

14 resources on Indian lands and a rich cultural legacy

15 that accords great value to self-determination, self16 reliance, and independence, American Indians and

17 Alaska Natives suffer higher rates of unemployment,

18 poverty, poor health, substandard housing, and asso19 ciated social ills than those of any other group in the

20 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—
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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 American Indian and Alaska Native com8 munities depends on the combined efforts of the

9 Federal Government, tribal governments, the private

10 sector, and individuals;

11 (11) the lack of employment and entrepreneur12 ial opportunities in the communities referred to in

13 paragraph (8) 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 American Indians

20 and Alaska Natives can best be served by making

21 available to address the challenges faced by those

22 groups—

23 (A) the resources of the private market;

24 (B) adequate capital; and

25 (C) technical expertise.
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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 Indian reservation economies by—

5 (A) encouraging the formation of new busi6 nesses by eligible entities, the expansion of ex7 isting businesses; and

8 (B) facilitating the movement of goods to

9 and from Indian reservations and the provision

10 of 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 tribal and 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 poverty levels and provide the means for

19 achieving a higher standard of living on Indian res20 ervations.

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
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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) BOARD.—The term ‘‘Board’’ has the mean9 ing given that term in the first section of the Act

10 entitled ‘‘To provide for the establishment, oper11 ation, and maintenance of foreign-trade zones in

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

13 encourage foreign commerce, and for other pur14 poses’’, approved June 18, 1934 (19 U.S.C. 81a).

15 (2) ELIGIBLE ENTITY.—The term ‘‘eligible en16 tity’’ means an Indian tribe, tribal organization, In17 dian arts and crafts organization, tribal enterprise,

18 tribal marketing cooperative, or Indian-owned busi19 ness.

20 (3) FEDERAL AGENCY.—The term ‘‘Federal

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

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

23 (4) FOUNDATION.—The term ‘‘Foundation’’

24 means the Rural Development Foundation.
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1 (5) INDIAN.—The term ‘‘Indian’’ has the mean2 ing given that term in section 4(d) of the Indian

3 Self-Determination and Education Assistance Act

4 (25 U.S.C. 450b(d)).

5 (6) INDIAN ARTS AND CRAFTS ORGANIZA6 TION.—The term ‘‘Indian arts and crafts organiza7 tion’’ has the meaning given that term under section

8 2 of the Act of August 27, 1935 (49 Stat. 891,

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

10 (7) INDIAN GOODS AND SERVICES.—The term

11 ‘‘Indian goods and services’’ means—

12 (A) Indian goods, within the meaning of

13 section 2 of the Act of August 27, 1935 (com14 monly known as the ‘‘Indian Arts and Crafts

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

16 305a);

17 (B) goods produced or originating within

18 an eligible entity; and

19 (C) services provided by eligible entities.

20 (8) INDIAN LANDS.—The term ‘‘Indian lands’’

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

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

23 2703(4)).

24 (9) INDIAN-OWNED BUSINESS.—The term ‘‘In25 dian-owned business’’ means an entity organized for
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1 the conduct of trade or commerce with respect to

2 which at least 50 percent of the property interests

3 of the entity are owned by Indians or Indian tribes

4 (or a combination thereof).

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

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

7 the Indian Self-Determination and Education Assist8 ance Act (25 U.S.C. 450b(e)).

9 (11) SECRETARY.—The term ‘‘Secretary’’

10 means the Secretary of Commerce.

11 (12) TRIBAL ENTERPRISE.—The term ‘‘tribal

12 enterprise’’ means a commercial activity or business

13 managed or controlled by an Indian tribe.

14 (13) TRIBAL MARKETING COOPERATIVE.—The

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

16 meaning given that term by the Secretary, in con17 sultation with the Secretary of the Interior.

18 (14) TRIBAL ORGANIZATION.—The term ‘‘tribal

19 organization’’ has the meaning given that term in

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

21 Education Assistance Act (25 U.S.C. 450b(l)).
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1 TITLE I—TASK FORCE ON REGU2 LATORY REFORM AND BUSI3 NESS DEVELOPMENT

4 SEC. 101. ESTABLISHMENT OF TASK FORCE.

5 (a) IN GENERAL.—In order to identify and subse6 quently remove obstacles to the business development and

7 the creation of wealth in the economies of Indian reserva8 tions, the Secretary, in consultation with the Secretary of

9 the Interior and other officials whom the Secretary deter10 mines to be appropriate, shall, not later than 90 days after

11 the date of enactment of this Act, establish a task force

12 on regulatory reform and business development in Indian

13 country (referred to in this title as the ‘‘task force’’).

14 (b) MEMBERSHIP.—The task force established under

15 this section shall be composed of 16 members, of which

16 12 members shall be representatives of the Indian tribes

17 from the areas of the Bureau of Indian Affairs and each

18 such area shall be represented by such a representative.

19 (c) INITIAL MEETING.—Not later than 120 days

20 after the date of enactment of this Act, the task force shall

21 hold its initial meeting.

22 (d) REVIEW.—Beginning on the date of the initial

23 meeting under subsection (b), the task force shall conduct

24 a review of laws relating to activities occurring on Indian
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1 lands (including regulations under title 25 of the Code of

2 Federal Regulations).

3 (e) MEETINGS.—The task force shall meet at the call

4 of the chairperson.

5 (f) QUORUM.—A majority of the members of the task

6 force shall constitute a quorum, but a lesser number of

7 members may hold hearings.

8 (g) CHAIRPERSON.—The task force shall select a

9 chairperson from among its members.

10 SEC. 102. REPORT.

11 Not later than 1 year after the date of enactment

12 of this Act, the task force shall prepare and submit to

13 the Committee on Indian Affairs in the Senate, and the

14 Committee on Resources in the House of Representatives,

15 and to the governing body of each Indian tribe a report

16 that includes—

17 (1) the findings of the task force concerning the

18 review conducted pursuant to section 101(d); and

19 (2) such recommendations concerning the pro20 posed revisions to the regulations under title 25 of

21 the Code of Federal Regulations and amendments to

22 other laws relating to activities occurring on Indian

23 lands as the task force determines to be appropriate.
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1 SEC. 103. POWERS OF THE TASK FORCE.

2 (a) HEARINGS.—The task force may hold such hear3 ings, sit and act at such times and places, take such testi4 mony, and receive such evidence as the task force consid5 ers advisable to carry out the duties of the task force.

6 (b) INFORMATION FROM FEDERAL AGENCIES.—The

7 task force may secure directly from any Federal depart8 ment or agency such information as the task force consid9 ers necessary to carry out the duties of the task force.

10 (c) POSTAL SERVICES.—The task force may use the

11 United States mails in the same manner and under the

12 same conditions as other departments and agencies of the

13 Federal Government.

14 (d) GIFTS.—The task force may accept, use, and dis15 pose of gifts or donations of services or property.

16 SEC. 104. TASK FORCE PERSONNEL MATTERS.

17 (a) COMPENSATION OF MEMBERS.—Members of the

18 task force who are not officers or employees of the Federal

19 Government shall serve without compensation, except for

20 travel expenses, as provided under subsection (b). Mem21 bers of the task force who are officers or employees of

22 the United States shall serve without compensation in ad23 dition to that received for their services as officers or em24 ployees of the United States.

25 (b) TRAVEL EXPENSES.—The members of the task

26 force shall be allowed travel expenses, including per diem
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1 in lieu of subsistence, at rates authorized for employees

2 of agencies under subchapter I of chapter 57 of title 5,

3 United States Code, while away from their homes or regu4 lar places of business in the performance of services for

5 the task force.

6 (c) STAFF.—

7 (1) IN GENERAL.—The chairperson of the task

8 force may, without regard to the civil service laws,

9 appoint and terminate such personnel as may be

10 necessary to enable the task force to perform its du11 ties.

12 (2) PROCUREMENT OF TEMPORARY AND INTER13 MITTENT SERVICES.—The chairperson of the task

14 force may procure temporary and intermittent serv15 ice under section 3109(b) of title 5, United States

16 Code, at rates for individuals that do not exceed the

17 daily equivalent of the annual rate of basic pay pre18 scribed under GS–13 of the General Schedule estab19 lished under section 5332 of title 5, United States

20 Code.

21 SEC. 105. TERMINATION OF TASK FORCE.

22 The task force shall terminate 90 days after the date

23 on which the task force has submitted, to the committees

24 of Congress specified in section 102, and to the governing
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1 body of each Indian tribe, a copy of the report prepared

2 under that section.

3 SEC. 106. EXEMPTION FROM FEDERAL ADVISORY COMMIT4 TEE ACT.

5 All of the activities of the task force conducted under

6 this title shall be exempt from the Federal Advisory Com7 mittee Act (5 U.S.C. App.).

8 TITLE II—NATIVE AMERICAN

9 BUSINESS DEVELOPMENT

10 SEC. 201. OFFICE OF NATIVE AMERICAN BUSINESS DEVEL11 OPMENT.

12 (a) IN GENERAL.—

13 (1) ESTABLISHMENT.—There is established

14 within the Department of Commerce an office

15 known as the Office of Native American Business

16 Development (referred to in this title as the ‘‘Of17 fice’’).

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

19 a Director, appointed by the Secretary, whose title

20 shall be the Director of Native American Business

21 Development (referred to in this title as the ‘‘Direc22 tor’’). The Director shall be compensated at a rate

23 not to exceed level V of the Executive Schedule

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

25 (b) DUTIES OF THE SECRETARY.—
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1 (1) IN GENERAL.—The Secretary, acting

2 through the Director, shall ensure the coordination

3 of Federal programs that provide assistance, includ4 ing financial and technical assistance, to eligible en5 tities for increased business, the expansion of trade

6 by eligible entities, and economic development on In7 dian lands.

8 (2) ACTIVITIES.—In carrying out the duties de9 scribed in paragraph (1), the Secretary, acting

10 through the Director, shall ensure the coordination

11 of, or, as appropriate, carry out—

12 (A) Federal programs designed to provide

13 legal, accounting, or financial assistance to eli14 gible entities;

15 (B) market surveys;

16 (C) the development of promotional mate17 rials;

18 (D) the financing of business development

19 seminars;

20 (E) the facilitation of marketing;

21 (F) the participation of appropriate Fed22 eral agencies or eligible entities in trade fairs;

23 (G) any activity that is not described in

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

25 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. 202. 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. 203. 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-relat24 ed 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. 204. 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 a report on the operation of the Office.

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

5 under subsection (a) shall include—

6 (1) for the period covered by the report, a sum7 mary of the activities conducted by the Secretary,

8 acting through the Director, in carrying out this

9 title; and

10 (2) any recommendations for legislation that

11 the Secretary, in consultation with the Director, de12 termines to be necessary to carry out this title.

13 SEC. 205. FOREIGN-TRADE ZONE PREFERENCES.

14 (a) PREFERENCE IN ESTABLISHMENT OF FOREIGN15 TRADE ZONES IN INDIAN ENTERPRISE ZONES.—In proc16 essing applications for the establishment of foreign-trade

17 zones pursuant to the Act entitled ‘‘To provide for the es18 tablishment, operation, and maintenance of foreign-trade

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

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

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

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

23 the maximum extent practicable, the processing of any ap24 plication involving the establishment of a foreign-trade

25 zone on Indian lands, including any Indian lands des-
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1 ignated as an empowerment zone or enterprise community

2 pursuant to section 1391 of the Internal Revenue Code

3 of 1986.

4 (b) APPLICATION PROCEDURE.—In processing appli5 cations for the establishment of ports of entry pursuant

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

7 sundry civil expenses of the Government for the fiscal year

8 ending June thirtieth, nineteen hundred and fifteen, and

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

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

11 any application involving the establishment of a port of

12 entry that is necessary to permit the establishment of a

13 foreign-trade zone on Indian lands—

14 (1) consider on a priority basis; and

15 (2) expedite, to the maximum extent prac16 ticable, the processing of that application.

17 (c) APPLICATION EVALUATION.—In evaluating appli18 cations for the establishment of foreign-trade zones and

19 ports of entry in connection with Indian lands, to the max20 imum extent practicable and consistent with applicable

21 law, the Board and Secretary of the Treasury shall ap22 prove the applications.

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