I 

111TH CONGRESS 

2D SESSION H. R. 5452 

To establish a Native American Economic Advisory Council, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 27, 2010 

Mr. YOUNG of Alaska introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To establish a Native American Economic Advisory Council, 

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 Eco5 nomic Advisory Council Act of 2010’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds— 

8 (1) the United States has a special political and 

9 legal relationship and responsibility to promote the 

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1 welfare of the Native American people of the United 

2 States; 

3 (2) evaluations of indicators and criteria of so4 cial well-being, education, health, unemployment, 

5 housing, income, rates of poverty, justice systems, 

6 and nutrition by agencies of Government and others 

7 have consistently found that Native American com8 munities rank below other groups of United States 

9 citizens and many are at or near the bottom in those 

10 evaluations; 

11 (3) Native Americans, like other people in the 

12 United States, have been hit hard by the deepest re13 cession of the United States economy in over 50 

14 years, causing a significant decline in employment 

15 and economic activity across the United States; 

16 (4) Native American communities have been de17 scribed as ‘‘emerging economies’’ and consequently 

18 have been stalled in the efforts of the communities 

19 to build sustainable growing economies for the peo20 ple of the communities and are being adversely af21 fected faster than the rest of the United States; 

22 (5) economic stimulus programs to help Native 

23 American communities generate jobs and stronger 

24 economic performance will require United States fi25 nancial and tax incentives to increase both local and 

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1 expanded investment that is tailored to the unique 

2 needs and circumstances of Native American com3 munities; 

4 (6) the impacts of the ongoing recession and 

5 the near collapse of the financial and banking sys6 tems require a review of assumptions about the fu7 ture, the need for new growth strategies, and a focus 

8 on laying the groundwork for economic success in 

9 the 21st century; 

10 (7) there is a continuing need for direct eco11 nomic stimulus, including needs for improving rural 

12 infrastructure and alternative energy in rural and 

13 Native American communities of the United States 

14 and providing Native Americans leaders with the 

15 tools to create jobs and improve economic conditions; 

16 (8) in light of the role of Native American com17 munities as emerging markets within the United 

18 States, there are opportunities and needs that 

19 should be addressed, including consideration of 

20 United States support for the pooling of resources to 

21 create an Indigenous Sovereign Wealth Fund that is 

22 similar to those Funds created around the world to 

23 diversify revenue streams, attract more resources, 

24 invest more wisely, and create jobs; 

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1 (9) Native Americans should be participants 

2 when major economic decisions are made that affect 

3 the property, lives, and future of Native Americans; 

4 and 

5 (10) Native Americans should fully participate 

6 in rebuilding Native American communities and have 

7 necessary tools and resources. 

8 SEC. 3. PURPOSE. 

9 The purpose of this Act is to authorize and establish 

10 a Native American Economic Advisory Council to consult, 

11 coordinate with, and make recommendations to the Execu12 tive Office of the President, Cabinet officers, and Federal 

13 agencies— 

14 (1) to improve the focus, effectiveness, and de15 livery of Federal economic aid and development pro16 grams to Native Americans and, as a result, improve 

17 substandard economic conditions in Native American 

18 communities; 

19 (2) to build and expand on the capacity of lead20 ers in Native American organizations and commu21 nities to take positive and innovative steps— 

22 (A) to create jobs; 

23 (B) to establish stable and profitable busi24 ness enterprises; 

25 (C) to enhance economic conditions; and 

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1 (D) to use Native American-owned re2 sources for the benefit of members; and 

3 (3) to achieve the long-term goal of improving 

4 the quality of Native American life and living condi5 tions and access to basic public services to the levels 

6 enjoyed by the average citizen and community of the 

7 United States by the year 2025. 

8 SEC. 4. ESTABLISHMENT OF NATIVE AMERICAN ECONOMIC 

9 ADVISORY COUNCIL. 

10 (a) IN GENERAL.—There is established a Native 

11 American Economic Advisory Council (referred to in this 

12 Act as the ‘‘Council’’) to advise and assist the Executive 

13 Office of the President and Federal agencies to ensure 

14 that Native Americans (including Native American mem15 bers, communities and organizations) have— 

16 (1) the means and capacity to generate and 

17 benefit from economic stimulus and growth; and 

18 (2) fair access to, and reasonable opportunities 

19 to participate in, Federal economic development and 

20 job growth programs. 

21 (b) MEMBERS.— 

22 (1) IN GENERAL.—The Council shall consist of 

23 5 members appointed by the President. 

24 (2) INITIAL APPOINTMENTS.—Not later than 

25 180 days after the date of enactment of this Act, the 

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1 President shall appoint the initial members of the 

2 Council. 

3 (3) COMPOSITION.—Of the members of the 

4 Council— 

5 (A) 1 member shall be an Alaska Native; 

6 (B) 1 member shall be a Hawaiian Native; 

7 and 

8 (C) 3 members shall represent American 

9 Native groups and organizations from other 

10 States. 

11 (4) CHAIRPERSON.—The President shall des12 ignate 1 of the members of the Council to serve as 

13 Chairperson. 

14 (c) EXPERIENCE.—Each member of the Council shall 

15 be a Native American who, as a result of work experience, 

16 training, and attainment, is well qualified— 

17 (1) to identify, analyze, and understand the at18 tributes and background of successful business en19 terprises and economic programs in Native Amer20 ican communities and cultures; 

21 (2) to appraise the economic development pro22 grams and activities of Federal agencies in the con23 text of the goals and purposes of this Act; and 

24 (3) to recommend programs, policies, and need25 ed program modifications to improve access to and 

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1 effectiveness in the delivery of economic development 

2 programs in Native American communities. 

3 (d) VACANCIES.—A vacancy on the Council— 

4 (1) shall not affect the authority of the Com5 mission; and 

6 (2) shall be filled in the same manner as the 

7 initial appointments to the Council. 

8 (e) EXPENSES.—Each Member of the Council shall 

9 be allowed travel expenses, including per diem in lieu of 

10 subsistence, at the rate authorized for employees of agen11 cies under subchapter I of chapter 57 of title 5, United 

12 States Code, while away from the homes or regular places 

13 of business of the employees in the performance of services 

14 for the Council. 

15 (f) STAFF.— 

16 (1) IN GENERAL.—The Council may, without 

17 regard to the civil service laws (including regula18 tions), appoint and terminate an executive director 

19 and such other staff as are necessary to enable the 

20 Council to perform the duties required under this 

21 Act. 

22 (2) COMPENSATION.— 

23 (A) IN GENERAL.—Subject to subpara24 graph (B), the Council may fix the compensa25 tion of the executive director and other permstockstill on DSKH9S0YB1PROD with BILLS

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1 sonnel without regard to the provisions of chap2 ter 51 and subchapter III of chapter 53 of title 

3 5, United States Code, relating to classification 

4 of positions and General Schedule pay rates. 

5 (B) MAXIMUM AMOUNT.—The rate of pay 

6 for the executive director and other personnel of 

7 the Council shall not exceed the rate payable 

8 for level V of the Executive Schedule under sec9 tion 5316 of title 5, United States Code. 

10 (g) DETAIL OF EMPLOYEES.— 

11 (1) IN GENERAL.—An employee of the Federal 

12 Government may be detailed to the Council without 

13 reimbursement. 

14 (2) CIVIL SERVICE STATUS.—The detail of an 

15 employee shall be without interruption or loss of civil 

16 service status or privilege. 

17 (h) TEMPORARY SERVICES.—The Council may pro18 cure temporary and intermittent services in accordance 

19 with section 3109(b) of title 5, United States Code, at 

20 rates for individuals that do not exceed the daily equiva21 lent of the annual rate of basic pay prescribed for level 

22 V of the Executive Schedule under section 5316 of that 

23 title. 

24 (i) ADMINISTRATIVE SERVICES.—The Secretary of 

25 Commerce shall provide necessary office space and adminmstockstill on DSKH9S0YB1PROD with BILLS

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1 istrative services for the Council (including staff of the 

2 Council). 

3 SEC. 5. DUTIES. 

4 (a) IN GENERAL.—The Council shall advise and 

5 make recommendations to Federal agencies on— 

6 (1) proposing sustainable economic growth and 

7 poverty reduction policies in a manner that promotes 

8 self-determination, self-sufficiency, and independence 

9 in urban and remote Native American communities 

10 while preserving the traditional cultural values of 

11 those communities; 

12 (2) ensuring that Native Americans (including 

13 Native American communities and organizations) 

14 have equal access to Federal economic aid, training, 

15 and assistance programs; 

16 (3) developing economic growth strategies, fi17 nance, and tax policies that will enable Native Amer18 ican organizations to stimulate the local economies 

19 of Native Americans and create meaningful new jobs 

20 in Native American communities; 

21 (4) increasing the effectiveness of Federal pro22 grams to address the economic, employment, med23 ical, and social needs of Native American commu24 nities; 

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1 (5) administering Federal economic develop2 ment assistance programs with an understanding of 

3 the unique needs of Native American communities 

4 with the objectives of— 

5 (A) making Native American leaders 

6 knowledgeable about best business practices and 

7 successful economic and job growth strategies; 

8 (B) promoting investment and economic 

9 growth and reducing unemployment and pov10 erty in Native American communities; 

11 (C) enhancing governance, entrepreneur12 ship, and self-determination in Native American 

13 communities; and 

14 (D) fostering demonstrations of trans15 formational changes in economic conditions in 

16 remote Native American communities through 

17 the use of innovative technology, targeted in18 vestments, and the use of Native American19 owned natural and scenic resources; 

20 (6) improving the effectiveness of economic de21 velopment assistance programs through the integra22 tion and coordination of assistance to Native Amer23 ican communities; 

24 (7) recommending educational and business 

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1 crease the capacity of Native Americans for eco2 nomic well-being and to further the purposes of this 

3 Act; and 

4 (8) initiating proposals, as needed, for fellow5 ship and mentoring programs to meet the economic 

6 development needs of Native American communities. 

7 (b) ADDITIONAL DUTIES.—The Council shall— 

8 (1) prepare a compilation of successful business 

9 enterprises and joint ventures conducted by Native 

10 American organizations, including tribal enterprises 

11 and the commercial ventures of Native Corporations 

12 (as defined in section 102 of the Alaska National In13 terest Lands Conservation Act (16 U.S.C. 3102)) in 

14 the State of Alaska; and 

15 (2) periodically sponsor and arrange con16 ferences and training workshops on Native American 

17 business activities, including providing mentors, re18 source people, and speakers to address financing, 

19 management, marketing, resource development, and 

20 best business practices in Native American business 

21 enterprises. 

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1 SEC. 6. ASSESSMENT OF IMPACTS OF LEGISLATIVE PRO2 POSALS ON NATIVE AMERICAN ECONOMIC 

3 PROSPECTS AND OPPORTUNITY. 

4 In preparing and communicating the comments and 

5 recommendations of the President on proposed legislation 

6 to committees and leadership of Congress, the Director of 

7 the Office of Management and Budget and the head of 

8 a Federal agency shall include an assessment of the im9 pacts of the proposed legislation on the economic and em10 ployment prospects and opportunities provided in the pro11 posed legislation to improve the quality of living conditions 

12 of Native American communities, organizations, and mem13 bers to the levels enjoyed by most people of the United 

14 States. 

15 SEC. 7. REPORTS. 

16 The Council shall— 

17 (1) prepare periodic reports on the activities of 

18 the Council; and 

19 (2) make the reports available to— 

20 (A) Native American communities, organi21 zations, and members; 

22 (B) the General Services Administration; 

23 (C) the Office of Management and Budget; 

24 (D) the Domestic Policy Council; 

25 (E) the National Economic Council; 

26 (F) the Council of Economic Advisers; 

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1 (G) the Secretary of the Treasury; 

2 (H) the Secretary of Commerce; 

3 (I) the Secretary of Labor; 

4 (J) the Secretary of the Interior; 

5 (K) the Secretary of Energy; and 

6 (L) members of the public. 

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