(B) a role in facilitating healthy and sus-
tainable Tribal economies; 
(4) the input of Indian Tribes in developing 
Federal policy and programs leads to more meaning-
ful and effective measures to assist Indian Tribes 
and Indian entrepreneurs in building Tribal econo-
mies; 
(5)(A) many components of Tribal infrastruc-
ture need significant repair or replacement; and 
(B) access to private capital for projects in In-
dian communities— 
(i) may not be available; or 
(ii) may come at a higher cost than such 
access for other projects; 
(6)(A) Federal capital improvement programs, 
such as those that facilitate tax-exempt bond financ-
ing and loan guarantees, are tools that help improve 
or replace crumbling infrastructure; 
(B) lack of parity in treatment of an Indian 
Tribe as a governmental entity under Federal tax 
and certain other regulatory laws impedes, in part, 
the ability of Indian Tribes to raise capital through 
issuance of tax exempt debt, invest as an accredited 
investor, and benefit from other investment incen-
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tives accorded to State and local governmental enti-
ties; and 
(C) as a result of the disparity in treatment of 
Indian Tribes described in subparagraph (B), inves-
tors may avoid financing, or demand a premium to 
finance, projects in Indian communities, making the 
projects more costly or inaccessible; 
(7) there are a number of Federal loan guar-
antee programs available to facilitate financing of 
business, energy, economic, housing, and community 
development projects in Indian communities, and 
those programs may support public-private partner-
ships for infrastructure development, but improve-
ments and support are needed for those programs 
specific to Indian communities to facilitate more ef-
fectively private financing for infrastructure and 
other urgent development needs; and 
(8)(A) most real property held by Indian Tribes 
is trust or restricted land that essentially cannot be 
held as collateral; and 
(B) while creative solutions, such as leasehold 
mortgages, have been developed in response to the 
problem identified in subparagraph (A), some solu-
tions remain subject to review and approval by the 
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Bureau of Indian Affairs, adding additional costs 
and delay to Tribal projects. 
SEC. 3. NATIVE AMERICAN BUSINESS DEVELOPMENT, 
TRADE PROMOTION, AND TOURISM ACT OF 
2000. 
(a) FINDINGS; PURPOSES.—Section 2 of the Native 
American Business Development, Trade Promotion, and 
Tourism Act of 2000 (25 U.S.C. 4301) is amended by 
adding at the end the following: 
‘‘(c) APPLICABILITY
TO
INDIAN-OWNED
BUSI-
NESSES.—The findings and purposes in subsections (a) 
and (b) shall apply to any Indian-owned business gov-
erned— 
‘‘(1) by Tribal laws regulating trade or com-
merce on Indian lands; or 
‘‘(2) pursuant to section 5 of the Act of August 
15, 1876 (19 Stat. 200, chapter 289; 25 U.S.C. 
261).’’. 
(b) DEFINITIONS.—Section 3 of the Native American 
Business Development, Trade Promotion, and Tourism 
Act of 2000 (25 U.S.C. 4302) is amended— 
(1) by redesignating paragraphs (1) through 
(6) and paragraphs (7) through (9), as paragraphs 
(2) through (7) and paragraphs (9) through (11), 
respectively; 
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(2) by inserting before paragraph (2) (as redes-
ignated by paragraph (1)) the following: 
‘‘(1) DIRECTOR.—The term ‘Director’ means 
the Director of Native American Business Develop-
ment appointed pursuant to section 4(a)(2).’’; and 
(3) by inserting after paragraph (7) (as redesig-
nated by paragraph (1)) the following: 
‘‘(8) OFFICE.—The term ‘Office’ means the Of-
fice of Native American Business Development es-
tablished by section 4(a)(1).’’. 
(c) OFFICE OF NATIVE AMERICAN BUSINESS DEVEL-
OPMENT.—Section 4 of the Native American Business De-
velopment, Trade Promotion, and Tourism Act of 2000 
(25 U.S.C. 4303) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘Department of Com-
merce’’ and inserting ‘‘Office of the Sec-
retary’’; and 
(ii) by striking ‘‘(referred to in this 
Act as the ‘Office’)’’; and 
(B) in paragraph (2), in the first sentence, 
by striking ‘‘(referred to in this Act as the ‘Di-
rector’)’’; and 
(2) by adding at the end the following: 
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‘‘(c) DUTIES OF DIRECTOR.— 
‘‘(1) IN
GENERAL.—The Director shall serve 
as— 
‘‘(A) the program and policy advisor to the 
Secretary with respect to the trust and govern-
mental relationship between the United States 
and Indian Tribes; and 
‘‘(B) the point of contact for Indian 
Tribes, Tribal organizations, and Indians re-
garding— 
‘‘(i) policies and programs of the De-
partment of Commerce; and 
‘‘(ii) other matters relating to eco-
nomic development and doing business in 
Indian lands. 
‘‘(2) DEPARTMENTAL COORDINATION.—The Di-
rector shall coordinate with all offices and agencies 
within the Department of Commerce to ensure that 
each office and agency has an accountable process to 
ensure— 
‘‘(A) meaningful and timely coordination 
and assistance, as required by this Act; and 
‘‘(B) consultation with Indian Tribes re-
garding the policies, programs, assistance, and 
activities of the offices and agencies. 
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‘‘(3) OFFICE OPERATIONS.—There are author-
ized to be appropriated to carry out this section not 
more than $2,000,000 for each fiscal year.’’. 
(d) INDIAN
COMMUNITY
DEVELOPMENT
INITIA-
TIVES.—The Native American Business Development, 
Trade Promotion, and Tourism Act of 2000 is amended— 
(1) by redesignating section 8 (25 U.S.C. 4307) 
as section 10; and 
(2) by inserting after section 7 (25 U.S.C. 
4306) the following: 
‘‘SEC. 8. INDIAN COMMUNITY DEVELOPMENT INITIATIVES. 
‘‘(a) INTERAGENCY COORDINATION.—Not later than 
1 year after the enactment of this section, the Secretary, 
the Secretary of the Interior, and the Secretary of the 
Treasury shall coordinate— 
‘‘(1) to develop initiatives that— 
‘‘(A) encourage, promote, and provide edu-
cation regarding investments in Indian commu-
nities through— 
‘‘(i) the loan guarantee program of 
Bureau of Indian Affairs under section 
201 of the Indian Financing Act of 1974 
(25 U.S.C. 1481); 
‘‘(ii) programs carried out using 
amounts in the Community Development 
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Financial Institutions Fund established 
under section 104(a) of the Community 
Development Banking and Financial Insti-
tutions Act of 1994 (12 U.S.C. 4703(a)); 
and 
‘‘(iii) other capital development pro-
grams; 
‘‘(B) examine and develop alternatives that 
would qualify as collateral for financing in In-
dian communities; and 
‘‘(C) provide entrepreneur and other train-
ing relating to economic development through 
tribally controlled colleges and universities and 
other Indian organizations with experience in 
providing such training; 
‘‘(2) to consult with Indian Tribes and with the 
Securities and Exchange Commission to study, and 
collaborate to establish, regulatory changes nec-
essary to qualify an Indian Tribe as an accredited 
investor for the purposes of sections 230.500 
through 230.508 of title 17, Code of Federal Regu-
lations (or successor regulations), consistent with the 
goals of promoting capital formation and ensuring 
qualifying Indian Tribes have the ability to with-
stand investment loss, on a basis comparable to 
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other legal entities that qualify as accredited inves-
tors who are not natural persons; 
‘‘(3) to identify regulatory, legal, or other bar-
riers to increasing investment, business, and eco-
nomic development, including qualifying or approv-
ing collateral structures, measurements of economic 
strength, and contributions of Indian economies in 
Indian communities through the Authority estab-
lished under section 4 of the Indian Tribal Regu-
latory Reform and Business Development Act of 
2000 (25 U.S.C. 4301 note); 
‘‘(4) to ensure consultation with Indian Tribes 
regarding increasing investment in Indian commu-
nities and the development of the report required in 
paragraph (5); and 
‘‘(5) not less than once every 2 years, to pro-
vide a report to Congress regarding— 
‘‘(A) improvements to Indian communities 
resulting 
from 
such 
initiatives 
and 
rec-
ommendations for promoting sustained growth 
of the Tribal economies; 
‘‘(B) results of the study and collaboration 
regarding the necessary changes referenced in 
paragraph (2) and the impact of allowing In-
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dian Tribes to qualify as an accredited investor; 
and 
‘‘(C) the identified regulatory, legal, and 
other barriers referenced in paragraph (3). 
‘‘(b) WAIVER.—For assistance provided pursuant to 
section 108 of the Community Development Banking and 
Financial Institutions Act of 1994 (12 U.S.C. 4707) to 
benefit Native Community Development Financial Institu-
tions, as defined by the Secretary of the Treasury, section 
108(e) of such Act shall not apply. 
‘‘(c) INDIAN ECONOMIC DEVELOPMENT FEASIBILITY 
STUDY.— 
‘‘(1) IN GENERAL.—The Government Account-
ability Office shall conduct a study and, not later 
than 18 months after the date of enactment of this 
subsection, submit to the Committee on Indian Af-
fairs of the Senate and the Committee on Natural 
Resources of the House of Representatives a report 
on the findings of the study and recommendations. 
‘‘(2) CONTENTS.—The study shall include an 
assessment of each of the following: 
‘‘(A) IN GENERAL.—The study shall assess 
current Federal capitalization and related pro-
grams and services that are available to assist 
Indian communities with business and economic 
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development, including manufacturing, physical 
infrastructure (such as telecommunications and 
broadband), community development, and facili-
ties construction for such purposes. For each of 
the Federal programs and services identified, 
the study shall assess the current use and de-
mand by Indian Tribes, individuals, businesses, 
and communities of the programs, the capital 
needs of Indian Tribes, businesses, and commu-
nities related to economic development, and the 
extent that similar programs have been used to 
assist non-Indian communities compared to the 
extent used for Indian communities. 
‘‘(B) FINANCING ASSISTANCE.—The study 
shall assess and quantify the extent of assist-
ance provided to non-Indian borrowers and to 
Indian (both Tribal and individual) borrowers 
(including information about such assistance as 
a percentage of need for Indian borrowers and 
for non-Indian borrowers, assistance to Indian 
borrowers and to non-Indian borrowers as a 
percentage of total applicants, and such assist-
ance to Indian borrowers as individuals as com-
pared to such assistance to Indian Tribes) 
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through the loan programs, the loan guarantee 
programs, or bond guarantee programs of the— 
‘‘(i) Department of the Interior; 
‘‘(ii) Department of Agriculture; 
‘‘(iii) Department of Housing and 
Urban Development; 
‘‘(iv) Department of Energy; 
‘‘(v) Small Business Administration; 
and 
‘‘(vi) Community Development Finan-
cial Institutions Fund of the Department 
of the Treasury. 
‘‘(C) TAX INCENTIVES.—The study shall 
assess and quantify the extent of the assistance 
and allocations afforded for non-Indian projects 
and for Indian projects pursuant to each of the 
following tax incentive programs: 
‘‘(i) New market tax credit. 
‘‘(ii) Low-income housing tax credit. 
‘‘(iii) Investment tax credit. 
‘‘(iv) Renewable energy tax incentives. 
‘‘(v) Accelerated depreciation. 
‘‘(D) TRIBAL INVESTMENT INCENTIVE.— 
The study shall assess various alternative incen-
tives that could be provided to enable and en-
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courage Tribal governments to invest in an In-
dian community development investment fund 
or bank.’’. 
(e) CONFORMING AND TECHNICAL AMENDMENTS.— 
The Native American Business Development, Trade Pro-
motion, and Tourism Act of 2000 (25 U.S.C. 4301 et seq.) 
is amended— 
(1) in section 3— 
(A) in each of paragraphs (1), (4), and 
(8), by striking ‘‘tribe’’ and inserting ‘‘Tribe’’; 
and 
(B) in paragraph (6), by striking ‘‘The 
term ‘Indian tribe’ has the meaning given that 
term’’ and inserting ‘‘The term ‘Indian Tribe’ 
has the meaning given the term ‘Indian tribe’ ’’; 
(2) by striking ‘‘tribes’’ each place the term ap-
pears and inserting ‘‘Tribes’’; and 
(3) by striking ‘‘tribal’’ each place the term ap-
pears and inserting ‘‘Tribal’’. 
SEC. 4. BUY INDIAN ACT. 
Section 23 of the Act of June 25, 1910 (commonly 
known as the ‘‘Buy Indian Act’’) (36 Stat. 861, chapter 
431; 25 U.S.C. 47), is amended to read as follows: 
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‘‘SEC. 23. EMPLOYMENT OF INDIAN LABOR AND PURCHASE 
OF PRODUCTS OF INDIAN INDUSTRY; PAR-
TICIPATION IN MENTOR-PROTEGE PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) INDIAN
ECONOMIC
ENTERPRISE.—The 
term ‘Indian economic enterprise’ has the meaning 
given the term in section 1480.201 of title 48, Code 
of Federal Regulations (or successor regulations). 
‘‘(2) MENTOR
FIRM; 
PROTEGE
FIRM.—The 
terms ‘mentor firm’ and ‘protege firm’ have the 
meanings given those terms in section 831(c) of the 
National Defense Authorization Act for Fiscal Year 
1991 (10 U.S.C. 2302 note; Public Law 101–510). 
‘‘(3) SECRETARIES.—The term ‘Secretaries’ 
means— 
‘‘(A) the Secretary of the Interior; and 
‘‘(B) the Secretary of Health and Human 
Services. 
‘‘(b) ENTERPRISE DEVELOPMENT.— 
‘‘(1) IN GENERAL.—Unless determined by one 
of the Secretaries to be impracticable and unreason-
able— 
‘‘(A) Indian labor shall be employed; and 
‘‘(B) purchases of Indian industry prod-
ucts (including printing and facilities construc-
tion, notwithstanding any other provision of 
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law) may be made in open market by the Secre-
taries. 
‘‘(2) MENTOR-PROTEGE PROGRAM.— 
‘‘(A) IN
GENERAL.—Participation in the 
Mentor-Protege Program established under sec-
tion 831(a) of the National Defense Authoriza-
tion Act for Fiscal Year 1991 (10 U.S.C. 2302 
note; Public Law 101–510) or receipt of assist-
ance under a developmental assistance agree-
ment under that program shall not render any 
individual or entity involved in the provision of 
Indian labor or an Indian industry product in-
eligible to receive assistance under this section. 
‘‘(B) TREATMENT.—For purposes of this 
section, no determination of affiliation or con-
trol (whether direct or indirect) may be found 
between a protege firm and a mentor firm on 
the basis that the mentor firm has provided, or 
agreed to provide, to the protege firm, pursuant 
to a mentor-protege agreement, any form of de-
velopmental assistance described in section 
831(f) of the National Defense Authorization 
Act for Fiscal Year 1991 (10 U.S.C. 2302 note; 
Public Law 101–510). 
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‘‘(c) IMPLEMENTATION.—In carrying out this sec-
tion, the Secretaries shall— 
‘‘(1) conduct outreach to Indian industrial enti-
ties; 
‘‘(2) provide training; 
‘‘(3) promulgate regulations in accordance with 
this section and with the regulations under part 
1480 of title 48, Code of Federal Regulations (or 
successor regulations), to harmonize the procure-
ment procedures of the Department of the Interior 
and the Department of Health and Human Services, 
to the maximum extent practicable; 
‘‘(4) require regional offices of the Bureau of 
Indian Affairs and the Indian Health Service to ag-
gregate data regarding compliance with this section; 
‘‘(5) require procurement management reviews 
by their respective Departments to include a review 
of the implementation of this section; and 
‘‘(6) consult with Indian Tribes, Indian indus-
trial entities, and other stakeholders regarding meth-
ods to facilitate compliance with— 
‘‘(A) this section; and 
‘‘(B) other small business or procurement 
goals. 
‘‘(d) REPORT.— 
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‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this section, and not less 
frequently than once every 2 years thereafter, each 
of the Secretaries shall submit to the Committee on 
Indian Affairs of the Senate and the Committee on 
Natural Resources of the House of Representatives 
a report describing, during the period covered by the 
report, the implementation of this section by each of 
the respective Secretaries. 
‘‘(2) CONTENTS.—Each report under this sub-
section shall include, for each fiscal year during the 
period covered by the report— 
‘‘(A) the names of each agency under the 
respective jurisdiction of each of the Secretaries 
to which this section has been applied, and ef-
forts made by additional agencies within the 
Secretaries’ respective Departments to use the 
procurement procedures under this Act; 
‘‘(B) a summary of the types of purchases 
made from, and contracts (including any rel-
evant modifications, extensions, or renewals) 
awarded to, Indian economic enterprises, ex-
pressed by agency region; 
‘‘(C) a description of the percentage in-
crease or decrease in total dollar value and 
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number of purchases and awards made within 
each agency region, as compared to the totals 
of the region for the preceding fiscal year; 
‘‘(D) a description of the methods used by 
applicable contracting officers and employees to 
conduct market searches to identify qualified 
Indian economic enterprises; 
‘‘(E) a summary of all deviations granted 
under section 1480.403 of title 48, Code of 
Federal Regulations (or successor regulations), 
including a description of— 
‘‘(i) the types of alternative procure-
ment methods used, including any Indian 
owned businesses reported under other 
procurement goals; and 
‘‘(ii) the dollar value of any awards 
made pursuant to those deviations; 
‘‘(F) a summary of all determinations 
made to provide awards to Indian economic en-
terprises, including a description of the dollar 
value of the awards; 
‘‘(G) a description or summary of the total 
number and value of all purchases of, and con-
tracts awarded for, supplies, services, and con-
struction (including the percentage increase or 
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