IC 

116TH CONGRESS 

1ST SESSION S. 212 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 28, 2019 

Referred to the Committee on Natural Resources, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

AN ACT 

To amend the Native American Business Development, 

Trade Promotion, and Tourism Act of 2000, the Buy 

Indian Act, and the Native American Programs Act of 

1974 to provide industry and economic development opportunities to Indian communities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


kjohnson on DSK79L0C42 with BILLS
2 

S 212 RFH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Indian Community 

3 Economic Enhancement Act of 2019’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

6 (1)(A) to bring industry and economic develop7 ment to Indian communities, Indian Tribes must 

8 overcome a number of barriers, including— 

9 (i) geographical location; 

10 (ii) lack of infrastructure or capacity; 

11 (iii) lack of sufficient collateral and capital; 

12 and 

13 (iv) regulatory bureaucracy relating to— 

14 (I) development; and 

15 (II) access to services provided by the 

16 Federal Government; and 

17 (B) the barriers described in subparagraph (A) 

18 often add to the cost of doing business in Indian 

19 communities; 

20 (2) Indian Tribes— 

21 (A) enact laws and exercise sovereign gov22 ernmental powers; 

23 (B) determine policy for the benefit of 

24 Tribal members; and 

25 (C) produce goods and services for con26 sumers; 


kjohnson on DSK79L0C42 with BILLS
3 

S 212 RFH

1 (3) the Federal Government has— 

2 (A) an important government-to-govern3 ment relationship with Indian Tribes; and 

4 (B) a role in facilitating healthy and sus5 tainable Tribal economies; 

6 (4) the input of Indian Tribes in developing 

7 Federal policy and programs leads to more meaning8 ful and effective measures to assist Indian Tribes 

9 and Indian entrepreneurs in building Tribal econo10 mies; 

11 (5)(A) many components of Tribal infrastruc12 ture need significant repair or replacement; and 

13 (B) access to private capital for projects in In14 dian communities— 

15 (i) may not be available; or 

16 (ii) may come at a higher cost than such 

17 access for other projects; 

18 (6)(A) Federal capital improvement programs, 

19 such as those that facilitate tax-exempt bond financ20 ing and loan guarantees, are tools that help improve 

21 or replace crumbling infrastructure; 

22 (B) lack of parity in treatment of an Indian 

23 Tribe as a governmental entity under Federal tax 

24 and certain other regulatory laws impedes, in part, 

25 the ability of Indian Tribes to raise capital through 


kjohnson on DSK79L0C42 with BILLS
4 

S 212 RFH

1 issuance of tax exempt debt, invest as an accredited 

2 investor, and benefit from other investment incen3 tives accorded to State and local governmental enti4 ties; and 

5 (C) as a result of the disparity in treatment of 

6 Indian Tribes described in subparagraph (B), inves7 tors may avoid financing, or demand a premium to 

8 finance, projects in Indian communities, making the 

9 projects more costly or inaccessible; 

10 (7) there are a number of Federal loan guar11 antee programs available to facilitate financing of 

12 business, energy, economic, housing, and community 

13 development projects in Indian communities, and 

14 those programs may support public-private partner15 ships for infrastructure development, but improve16 ments and support are needed for those programs 

17 specific to Indian communities to facilitate more ef18 fectively private financing for infrastructure and 

19 other urgent development needs; and 

20 (8)(A) most real property held by Indian Tribes 

21 is trust or restricted land that essentially cannot be 

22 held as collateral; and 

23 (B) while creative solutions, such as leasehold 

24 mortgages, have been developed in response to the 

25 problem identified in subparagraph (A), some soluVerDate Sep 11 2014 22:22 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S212.RFH S212

kjohnson on DSK79L0C42 with BILLS
5 

S 212 RFH

1 tions remain subject to review and approval by the 

2 Bureau of Indian Affairs, adding additional costs 

3 and delay to Tribal projects. 

4 SEC. 3. NATIVE AMERICAN BUSINESS DEVELOPMENT, 

5 TRADE PROMOTION, AND TOURISM ACT OF 

6 2000. 

7 (a) FINDINGS; PURPOSES.—Section 2 of the Native 

8 American Business Development, Trade Promotion, and 

9 Tourism Act of 2000 (25 U.S.C. 4301) is amended by 

10 adding at the end the following: 

11 ‘‘(c) APPLICABILITY TO INDIAN-OWNED BUSI12 NESSES.—The findings and purposes in subsections (a) 

13 and (b) shall apply to any Indian-owned business gov14 erned— 

15 ‘‘(1) by Tribal laws regulating trade or com16 merce on Indian lands; or 

17 ‘‘(2) pursuant to section 5 of the Act of August 

18 15, 1876 (19 Stat. 200, chapter 289; 25 U.S.C. 

19 261).’’. 

20 (b) DEFINITIONS.—Section 3 of the Native American 

21 Business Development, Trade Promotion, and Tourism 

22 Act of 2000 (25 U.S.C. 4302) is amended— 

23 (1) by redesignating paragraphs (1) through 

24 (6) and paragraphs (7) through (9), as paragraphs 


kjohnson on DSK79L0C42 with BILLS
6 

S 212 RFH

1 (2) through (7) and paragraphs (9) through (11), 

2 respectively; 

3 (2) by inserting before paragraph (2) (as redes4 ignated by paragraph (1)) the following: 

5 ‘‘(1) DIRECTOR.—The term ‘Director’ means 

6 the Director of Native American Business Develop7 ment appointed pursuant to section 4(a)(2).’’; and 

8 (3) by inserting after paragraph (7) (as redesig9 nated by paragraph (1)) the following: 

10 ‘‘(8) OFFICE.—The term ‘Office’ means the Of11 fice of Native American Business Development es12 tablished by section 4(a)(1).’’. 

13 (c) OFFICE OF NATIVE AMERICAN BUSINESS DEVEL14 OPMENT.—Section 4 of the Native American Business De15 velopment, Trade Promotion, and Tourism Act of 2000 

16 (25 U.S.C. 4303) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1)— 

19 (i) by striking ‘‘Department of Com20 merce’’ and inserting ‘‘Office of the Sec21 retary’’; and 

22 (ii) by striking ‘‘(referred to in this 

23 Act as the ‘Office’)’’; and 


kjohnson on DSK79L0C42 with BILLS
7 

S 212 RFH

1 (B) in paragraph (2), in the first sentence, 

2 by striking ‘‘(referred to in this Act as the ‘Di3 rector’)’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(c) DUTIES OF DIRECTOR.— 

6 ‘‘(1) IN GENERAL.—The Director shall serve 

7 as— 

8 ‘‘(A) the program and policy advisor to the 

9 Secretary with respect to the trust and govern10 mental relationship between the United States 

11 and Indian Tribes; and 

12 ‘‘(B) the point of contact for Indian 

13 Tribes, Tribal organizations, and Indians re14 garding— 

15 ‘‘(i) policies and programs of the De16 partment of Commerce; and 

17 ‘‘(ii) other matters relating to eco18 nomic development and doing business in 

19 Indian lands. 

20 ‘‘(2) DEPARTMENTAL COORDINATION.—The Di21 rector shall coordinate with all offices and agencies 

22 within the Department of Commerce to ensure that 

23 each office and agency has an accountable process to 

24 ensure— 


kjohnson on DSK79L0C42 with BILLS
8 

S 212 RFH

1 ‘‘(A) meaningful and timely coordination 

2 and assistance, as required by this Act; and 

3 ‘‘(B) consultation with Indian Tribes re4 garding the policies, programs, assistance, and 

5 activities of the offices and agencies. 

6 ‘‘(3) OFFICE OPERATIONS.—There are author7 ized to be appropriated to carry out this section not 

8 more than $2,000,000 for each fiscal year.’’. 

9 (d) INDIAN COMMUNITY DEVELOPMENT INITIA10 TIVES.—The Native American Business Development, 

11 Trade Promotion, and Tourism Act of 2000 is amended— 

12 (1) by redesignating section 8 (25 U.S.C. 4307) 

13 as section 10; and 

14 (2) by inserting after section 7 (25 U.S.C. 

15 4306) the following: 

16 ‘‘SEC. 8. INDIAN COMMUNITY DEVELOPMENT INITIATIVES. 

17 ‘‘(a) INTERAGENCY COORDINATION.—Not later than 

18 1 year after the enactment of this section, the Secretary, 

19 the Secretary of the Interior, and the Secretary of the 

20 Treasury shall coordinate— 

21 ‘‘(1) to develop initiatives that— 

22 ‘‘(A) encourage, promote, and provide edu23 cation regarding investments in Indian commu24 nities through— 


kjohnson on DSK79L0C42 with BILLS
9 

S 212 RFH

1 ‘‘(i) the loan guarantee program of 

2 Bureau of Indian Affairs under section 

3 201 of the Indian Financing Act of 1974 

4 (25 U.S.C. 1481); 

5 ‘‘(ii) programs carried out using 

6 amounts in the Community Development 

7 Financial Institutions Fund established 

8 under section 104(a) of the Community 

9 Development Banking and Financial Insti10 tutions Act of 1994 (12 U.S.C. 4703(a)); 

11 and 

12 ‘‘(iii) other capital development pro13 grams; 

14 ‘‘(B) examine and develop alternatives that 

15 would qualify as collateral for financing in In16 dian communities; and 

17 ‘‘(C) provide entrepreneur and other train18 ing relating to economic development through 

19 tribally controlled colleges and universities and 

20 other Indian organizations with experience in 

21 providing such training; 

22 ‘‘(2) to consult with Indian Tribes and with the 

23 Securities and Exchange Commission to study, and 

24 collaborate to establish, regulatory changes nec25 essary to qualify an Indian Tribe as an accredited 


kjohnson on DSK79L0C42 with BILLS
10 

S 212 RFH

1 investor for the purposes of sections 230.500 

2 through 230.508 of title 17, Code of Federal Regu3 lations (or successor regulations), consistent with the 

4 goals of promoting capital formation and ensuring 

5 qualifying Indian Tribes have the ability to with6 stand investment loss, on a basis comparable to 

7 other legal entities that qualify as accredited inves8 tors who are not natural persons; 

9 ‘‘(3) to identify regulatory, legal, or other bar10 riers to increasing investment, business, and eco11 nomic development, including qualifying or approv12 ing collateral structures, measurements of economic 

13 strength, and contributions of Indian economies in 

14 Indian communities through the Authority estab15 lished under section 4 of the Indian Tribal Regu16 latory Reform and Business Development Act of 

17 2000 (25 U.S.C. 4301 note); 

18 ‘‘(4) to ensure consultation with Indian Tribes 

19 regarding increasing investment in Indian commu20 nities and the development of the report required in 

21 paragraph (5); and 

22 ‘‘(5) not less than once every 2 years, to pro23 vide a report to Congress regarding— 

24 ‘‘(A) improvements to Indian communities 

25 resulting from such initiatives and recVerDate Sep 11 2014 22:22 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S212.RFH S212

kjohnson on DSK79L0C42 with BILLS
11 

S 212 RFH

1 ommendations for promoting sustained growth 

2 of the Tribal economies; 

3 ‘‘(B) results of the study and collaboration 

4 regarding the necessary changes referenced in 

5 paragraph (2) and the impact of allowing In6 dian Tribes to qualify as an accredited investor; 

7 and 

8 ‘‘(C) the identified regulatory, legal, and 

9 other barriers referenced in paragraph (3). 

10 ‘‘(b) WAIVER.—For assistance provided pursuant to 

11 section 108 of the Community Development Banking and 

12 Financial Institutions Act of 1994 (12 U.S.C. 4707) to 

13 benefit Native Community Development Financial Institu14 tions, as defined by the Secretary of the Treasury, section 

15 108(e) of such Act shall not apply. 

16 ‘‘(c) INDIAN ECONOMIC DEVELOPMENT FEASIBILITY

17 STUDY.— 

18 ‘‘(1) IN GENERAL.—The Government Account19 ability Office shall conduct a study and, not later 

20 than 18 months after the date of enactment of this 

21 subsection, submit to the Committee on Indian Af22 fairs of the Senate and the Committee on Natural 

23 Resources of the House of Representatives a report 

24 on the findings of the study and recommendations. 


kjohnson on DSK79L0C42 with BILLS
12 

S 212 RFH

1 ‘‘(2) CONTENTS.—The study shall include an 

2 assessment of each of the following: 

3 ‘‘(A) IN GENERAL.—The study shall assess 

4 current Federal capitalization and related pro5 grams and services that are available to assist 

6 Indian communities with business and economic 

7 development, including manufacturing, physical 

8 infrastructure (such as telecommunications and 

9 broadband), community development, and facili10 ties construction for such purposes. For each of 

11 the Federal programs and services identified, 

12 the study shall assess the current use and de13 mand by Indian Tribes, individuals, businesses, 

14 and communities of the programs, the capital 

15 needs of Indian Tribes, businesses, and commu16 nities related to economic development, the ex17 tent to which the programs and services overlap 

18 or are duplicative, and the extent that similar 

19 programs have been used to assist non-Indian 

20 communities compared to the extent used for 

21 Indian communities. 

22 ‘‘(B) FINANCING ASSISTANCE.—The study 

23 shall assess and quantify the extent of assist24 ance provided to non-Indian borrowers and to 

25 Indian (both Tribal and individual) borrowers 


kjohnson on DSK79L0C42 with BILLS
13 

S 212 RFH

1 (including information about such assistance as 

2 a percentage of need for Indian borrowers and 

3 for non-Indian borrowers, assistance to Indian 

4 borrowers and to non-Indian borrowers as a 

5 percentage of total applicants, and such assist6 ance to Indian borrowers as individuals as com7 pared to such assistance to Indian Tribes) 

8 through the loan programs, the loan guarantee 

9 programs, or bond guarantee programs of the— 

10 ‘‘(i) Department of the Interior; 

11 ‘‘(ii) Department of Agriculture; 

12 ‘‘(iii) Department of Housing and 

13 Urban Development; 

14 ‘‘(iv) Department of Energy; 

15 ‘‘(v) Small Business Administration; 

16 and 

17 ‘‘(vi) Community Development Finan18 cial Institutions Fund of the Department 

19 of the Treasury. 

20 ‘‘(C) TAX INCENTIVES.—The study shall 

21 assess and quantify the extent of the assistance 

22 and allocations afforded for non-Indian projects 

23 and for Indian projects pursuant to each of the 

24 following tax incentive programs: 

25 ‘‘(i) New market tax credit. 


kjohnson on DSK79L0C42 with BILLS
14 

S 212 RFH

1 ‘‘(ii) Low income housing tax credit. 

2 ‘‘(iii) Investment tax credit. 

3 ‘‘(iv) Renewable energy tax incentives. 

4 ‘‘(v) Accelerated depreciation. 

5 ‘‘(D) TRIBAL INVESTMENT INCENTIVE.— 

6 The study shall assess various alternative incen7 tives that could be provided to enable and en8 courage Tribal governments to invest in an In9 dian community development investment fund 

10 or bank.’’. 

11 (e) CONFORMING AND TECHNICAL AMENDMENTS.— 

12 The Native American Business Development, Trade Pro13 motion, and Tourism Act of 2000 (25 U.S.C. 4301 et seq.) 

14 is amended— 

15 (1) in section 3— 

16 (A) in each of paragraphs (1), (4), and 

17 (8), by striking ‘‘tribe’’ and inserting ‘‘Tribe’’; 

18 and 

19 (B) in paragraph (6), by striking ‘‘The 

20 term ‘Indian tribe’ has the meaning given that 

21 term’’ and inserting ‘‘The term ‘Indian Tribe’ 

22 has the meaning given the term ‘Indian tribe’ ’’; 

23 (2) by striking ‘‘tribes’’ each place the term ap24 pears and inserting ‘‘Tribes’’; and 


kjohnson on DSK79L0C42 with BILLS
15 

S 212 RFH

1 (3) by striking ‘‘tribal’’ each place the term ap2 pears and inserting ‘‘Tribal’’. 

3 SEC. 4. BUY INDIAN ACT. 

4 Section 23 of the Act of June 25, 1910 (commonly 

5 known as the ‘‘Buy Indian Act’’) (36 Stat. 861, chapter 

6 431; 25 U.S.C. 47), is amended to read as follows: 

7 ‘‘SEC. 23. EMPLOYMENT OF INDIAN LABOR AND PURCHASE 

8 OF PRODUCTS OF INDIAN INDUSTRY; PAR9 TICIPATION IN MENTOR-PROTEGE PROGRAM. 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) INDIAN ECONOMIC ENTERPRISE.—The 

12 term ‘Indian economic enterprise’ has the meaning 

13 given the term in section 1480.201 of title 48, Code 

14 of Federal Regulations (or successor regulations). 

15 ‘‘(2) MENTOR FIRM; PROTEGE FIRM.—The 

16 terms ‘mentor firm’ and ‘protege firm’ have the 

17 meanings given those terms in section 831(c) of the 

18 National Defense Authorization Act for Fiscal Year 

19 1991 (10 U.S.C. 2302 note; Public Law 101–510). 

20 ‘‘(3) SECRETARIES.—The term ‘Secretaries’ 

21 means— 

22 ‘‘(A) the Secretary of the Interior; and 

23 ‘‘(B) the Secretary of Health and Human 

24 Services. 

25 ‘‘(b) ENTERPRISE DEVELOPMENT.— 


kjohnson on DSK79L0C42 with BILLS
16 

S 212 RFH

1 ‘‘(1) IN GENERAL.—Unless determined by one 

2 of the Secretaries to be impracticable and unreason3 able— 

4 ‘‘(A) Indian labor shall be employed; and 

5 ‘‘(B) purchases of Indian industry prod6 ucts (including printing and facilities construc7 tion, notwithstanding any other provision of 

8 law) may be made in open market by the Secre9 taries. 

10 ‘‘(2) MENTOR-PROTEGE PROGRAM.— 

11 ‘‘(A) IN GENERAL.—Participation in the 

12 Mentor-Protege Program established under sec13 tion 831(a) of the National Defense Authoriza14 tion Act for Fiscal Year 1991 (10 U.S.C. 2302 

15 note; Public Law 101–510) or receipt of assist16 ance under a developmental assistance agree17 ment under that program shall not render any 

18 individual or entity involved in the provision of 

19 Indian labor or an Indian industry product in20 eligible to receive assistance under this section. 

21 ‘‘(B) TREATMENT.—For purposes of this 

22 section, no determination of affiliation or con23 trol (whether direct or indirect) may be found 

24 between a protege firm and a mentor firm on 

25 the basis that the mentor firm has provided, or 


kjohnson on DSK79L0C42 with BILLS
17 

S 212 RFH

1 agreed to provide, to the protege firm, pursuant 

2 to a mentor-protege agreement, any form of de3 velopmental assistance described in section 

4 831(f) of the National Defense Authorization 

5 Act for Fiscal Year 1991 (10 U.S.C. 2302 note; 

6 Public Law 101–510). 

7 ‘‘(c) IMPLEMENTATION.—In carrying out this sec8 tion, the Secretaries shall— 

9 ‘‘(1) conduct outreach to Indian industrial enti10 ties; 

11 ‘‘(2) provide training; 

12 ‘‘(3) promulgate regulations in accordance with 

13 this section and with the regulations under part 

14 1480 of title 48, Code of Federal Regulations (or 

15 successor regulations), to harmonize the procure16 ment procedures of the Department of the Interior 

17 and the Department of Health and Human Services, 

18 to the maximum extent practicable; 

19 ‘‘(4) require regional offices of the Bureau of 

20 Indian Affairs and the Indian Health Service to ag21 gregate data regarding compliance with this section; 

22 ‘‘(5) require procurement management reviews 

23 by their respective Departments to include a review 

24 of the implementation of this section; and 


kjohnson on DSK79L0C42 with BILLS
18 

S 212 RFH

1 ‘‘(6) consult with Indian Tribes, Indian indus2 trial entities, and other stakeholders regarding meth3 ods to facilitate compliance with— 

4 ‘‘(A) this section; and 

5 ‘‘(B) other small business or procurement 

6 goals. 

7 ‘‘(d) REPORT.— 

8 ‘‘(1) IN GENERAL.—Not later than 1 year after 

9 the date of enactment of this section, and not less 

10 frequently than once every 2 years thereafter, each 

11 of the Secretaries shall submit to the Committee on 

12 Indian Affairs of the Senate and the Committee on 

13 Natural Resources of the House of Representatives 

14 a report describing, during the period covered by the 

15 report, the implementation of this section by each of 

16 the respective Secretaries. 

17 ‘‘(2) CONTENTS.—Each report under this sub18 section shall include, for each fiscal year during the 

19 period covered by the report— 

20 ‘‘(A) the names of each agency under the 

21 respective jurisdiction of each of the Secretaries 

22 to which this section has been applied, and ef23 forts made by additional agencies within the 

24 Secretaries’ respective Departments to use the 

25 procurement procedures under this Act; 


kjohnson on DSK79L0C42 with BILLS
19 

S 212 RFH

1 ‘‘(B) a summary of the types of purchases 

2 made from, and contracts (including any rel3 evant modifications, extensions, or renewals) 

4 awarded to, Indian economic enterprises, ex5 pressed by agency region; 

6 ‘‘(C) a description of the percentage in7 crease or decrease in total dollar value and 

8 number of purchases and awards made within 

9 each agency region, as compared to the totals 

10 of the region for the preceding fiscal year; 

11 ‘‘(D) a description of the methods used by 

12 applicable contracting officers and employees to 

13 conduct market searches to identify qualified 

14 Indian economic enterprises; 

15 ‘‘(E) a summary of all deviations granted 

16 under section 1480.403 of title 48, Code of 

17 Federal Regulations (or successor regulations), 

18 including a description of— 

19 ‘‘(i) the types of alternative procure20 ment methods used, including any Indian 

21 owned businesses reported under other 

22 procurement goals; and 

23 ‘‘(ii) the dollar value of any awards 

24 made pursuant to those deviations; 


kjohnson on DSK79L0C42 with BILLS
20 

S 212 RFH

1 ‘‘(F) a summary of all determinations 

2 made to provide awards to Indian economic en3 terprises, including a description of the dollar 

4 value of the awards; 

5 ‘‘(G) a description or summary of the total 

6 number and value of all purchases of, and con7 tracts awarded for, supplies, services, and con8 struction (including the percentage increase or 

9 decrease, as compared to the preceding fiscal 

10 year) from— 

11 ‘‘(i) Indian economic enterprises; and 

12 ‘‘(ii) non-Indian economic enterprises; 

13 ‘‘(H) any administrative, procedural, legal, 

14 or other barriers to achieving the purposes of 

15 this section, together with recommendations for 

16 legislative or administrative actions to address 

17 those barriers; and 

18 ‘‘(I) for each agency region— 

19 ‘‘(i) the total amount spent on pur20 chases made from, and contracts awarded 

21 to, Indian economic enterprises; and 

22 ‘‘(ii) a comparison of the amount de23 scribed in clause (i) to the total amount 

24 that the agency region would likely have 

25 spent on the same purchases made from a 


kjohnson on DSK79L0C42 with BILLS
21 

S 212 RFH

1 non-Indian economic enterprise or con2 tracts awarded to a non-Indian economic 

3 enterprise. 

4 ‘‘(e) GOALS.—Each agency shall establish an annual 

5 minimum percentage goal for procurement in compliance 

6 with this section.’’. 

7 SEC. 5. NATIVE AMERICAN PROGRAMS ACT OF 1974. 

8 (a) FINANCIAL ASSISTANCE FOR NATIVE AMERICAN

9 PROJECTS.—Section 803 of the Native American Pro10 grams Act of 1974 (42 U.S.C. 2991b) is amended— 

11 (1) by redesignating subsections (b) through (d) 

12 as subsections (c) through (e), respectively; and 

13 (2) by inserting after subsection (a) the fol14 lowing: 

15 ‘‘(b) ECONOMIC DEVELOPMENT.— 

16 ‘‘(1) IN GENERAL.—The Commissioner may 

17 provide assistance under subsection (a) for projects 

18 relating to the purposes of this title to a Native com19 munity development financial institution, as defined 

20 by the Secretary of the Treasury. 

21 ‘‘(2) PRIORITY.—With regard to not less than 

22 50 percent of the total amount available for assist23 ance under this section, the Commissioner shall give 

24 priority to any application seeking assistance for— 


kjohnson on DSK79L0C42 with BILLS
22 

S 212 RFH

1 ‘‘(A) the development of a Tribal code or 

2 court system for purposes of economic develop3 ment, including commercial codes, training for 

4 court personnel, regulation pursuant to section 

5 5 of the Act of August 15, 1876 (19 Stat. 200, 

6 chapter 289; 25 U.S.C. 261), and the develop7 ment of nonprofit subsidiaries or other Tribal 

8 business structures; 

9 ‘‘(B) the development of a community de10 velopment financial institution, including train11 ing and administrative expenses; or 

12 ‘‘(C) the development of a Tribal master 

13 plan for community and economic development 

14 and infrastructure.’’. 

15 (b) TECHNICAL ASSISTANCE AND TRAINING.—Sec16 tion 804 of the Native American Programs Act of 1974 

17 (42 U.S.C. 2991c) is amended— 

18 (1) in the matter preceding paragraph (1), by 

19 striking ‘‘The Commissioner’’ and inserting the fol20 lowing: 

21 ‘‘(a) IN GENERAL.—The Commissioner’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(b) PRIORITY.—In providing assistance under sub24 section (a), the Commissioner shall give priority to any 

25 application described in section 803(b)(2).’’. 


kjohnson on DSK79L0C42 with BILLS
23 

S 212 RFH

1 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 816 of the Native American Programs Act of 1974 (42 

3 U.S.C. 2992d) is amended— 

4 (1) by striking ‘‘803(d)’’ each place it appears 

5 and inserting ‘‘803(e)’’; and 

6 (2) in subsection (a)— 

7 (A) by striking ‘‘such sums as may be nec8 essary’’ and inserting ‘‘$34,000,000’’; and 

9 (B) by striking ‘‘1999, 2000, 2001, and 

10 2002’’ and inserting ‘‘2020 through 2024’’. 

11 (d) CONFORMING AND TECHNICAL AMENDMENTS.— 

12 The Native American Programs Act of 1974 (42 U.S.C. 

13 2991 et seq.) is amended— 

14 (1) by striking ‘‘tribe’’ each place the term ap15 pears and inserting ‘‘Tribe’’; 

16 (2) by striking ‘‘tribes’’ each place the term ap17 pears and inserting ‘‘Tribes’’; and 

18 (3) by striking ‘‘tribal’’ each place the term ap19 pears and inserting ‘‘Tribal’’. 

Passed the Senate June 27, 2019. 

Attest: JULIE E. ADAMS, 

Secretary. 


kjohnson on DSK79L0C42 with BILLS