Inspiring Nationally Vibrant Economies Sustaining Tribes Act of 2020

To amend the Internal Revenue Code of 1986 to expand the new markets tax credit to assist Native American communities, and for other purposes. 1. Short title This Act may be cited as the Inspiring Nationally Vibrant Economies Sustaining Tribes Act of 2020 INVEST Act 2. Expansion of new markets tax credit (a) Low-Income community Paragraph (1) of section 45D(e) (1) Definition (A) In general The term low-income community (i) any population census tract if— (I) the poverty rate for such tract is at least 20 percent, or (II) (aa) in the case of a tract not located within a metropolitan area, the median family income for such tract does not exceed 80 percent of statewide median family income, or (bb) in the case of a tract located within a metropolitan area, the median family income for such tract does not exceed 80 percent of the greater of statewide median family income or the metropolitan area median family income, (ii) any trust land (as defined at section 3765 of title 38, United States Code), (iii) any land within a township that encloses all or part of a Native village (as defined in section 3(c) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602(c) (iv) any land that is part or all of a Tribal designated statistical area associated with an Indian tribe as defined by the Census Bureau for the purposes of the most recent decennial census. (B) Median family income Subclause (II) of subparagraph (A)(i) shall be applied using possessionwide median family income in the case of census tracts located within a possession of the United States. . (b) Allocation of national limitation (1) In general Section 45D(f)(2) shall give priority to shall— (A) give priority to any entity— (i) with a record of having successfully provided capital or technical assistance to disadvantaged businesses or communities or to Indian tribes or Native American communities, or (ii) which intends to satisfy the requirement under subsection (b)(1)(B) by making qualified low-income community investments in 1 or more businesses in which persons unrelated to such entity (within the meaning of section 267(b) or 707(b)(1)) hold the majority equity interest, and (B) ensure that not less than 10 percent of such limitation is allocated to qualified Indian community development entities for investments that primarily serve low-income communities described in clauses (ii), (iii), and (iv) of subsection (e)(1)(A). . (2) Qualified Indian community development entity Section 45D(f) of such Code is amended by adding at the end the following new paragraph: (4) Qualified Indian community development entity For purposes of paragraph (2)(B), the term qualified Indian community development entity (A) at least 51 percent owned and controlled by an Indian tribe (as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) (B) a Native community development financial institution (as defined in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 . (c) Effective date The amendments made by this section shall apply to calendar years beginning after December 31, 2020. 3. Native community development financial institutions (a) Definition of a Native community development financial institution Section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 (1) by redesignating paragraphs (18) through (21) as paragraphs (19) through (22), respectively; and (2) by inserting after paragraph (17) the following: (18) Native community development financial institution (A) In general The term Native community development financial institution (i) the activities of which not less than 51 percent serve Native Americans; or (ii) that is not less than 51 percent owned or controlled Native Americans. (B) Native Americans In this paragraph, the term Native Americans . (b) Assistance for Native community development financial institutions Section 108(a) of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4707(a) (5) Assistance for Native community development financial institutions The Fund shall provide financial assistance, technical assistance, and training to build the capacity of Native community development financial institutions. . 4. Technical assistance pilot program (a) In general The Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs, shall— (1) establish a program to provide technical assistance to qualified Indian community development entities (as defined in section 45D section 45D (2) work with the Director of the Community Development Financial Institutions Fund to provide assistance to qualified Indian community development entities to improve the competitiveness of applications for such allocations. (b) Authorization of appropriations There is authorized to be appropriated to the Secretary of the Interior to carry out this section $500,000 for each of fiscal years 2021 through 2025.

Summary: Inspiring Nationally Vibrant Economies Sustaining Tribes Act of 2020 or the INVEST Act This bill expands the definition of low-income community for purposes of the new markets tax credit to include lands held in trust for Native Americans, lands that enclose all or part of a Native American village, or Indian tribal lands. It also prioritizes the allocation of credit amounts for investment in American Indian, Alaska Native, and Native Hawaiian communities and requires an allocation of at least 10% of credit amounts to certain Indian community development entities for investments that primarily serve low-income communities. The bill directs the Bureau of Indian Affairs in the Department of the Interior to provide technical assistance to qualified Indian community development entities regarding applications for allocations of the new markets tax credit and to work with the Community Development Financial Institutions Fund to provide assistance to such entities.