Native American Business Development, Trade Promotion, and Tourism Act of 2000
PL 106-464 (S.2719), enacted 11/07/2000

114 STAT. 2012 
PUBLIC LAW 106-464—NOV. 7, 2000 
Public Law 106-464 
106th Congress 
An Act 
Nov. 7, 2000 
To provide for business development and trade promotion for Native Americans, 
[S. 2719] 
^^^ ^°^ other pxirposes. 
Be it enacted by the Senate and House of Representatives 
of 
Native American 
the United States of America in Congress assembled. 
Business 
Development, 
SECTION 1. SHORT TITLE. 
and Tourism Act' 
'^^^ ^'^^ ™^y ^® cited as the "Native American Business 
of 2000. 
Development, Trade Promotion, and Tourism Act of 2000". 
25 use 4301 
note. 
SEC. 2. FINDINGS; PURPOSES. 
25 use 4301. 
(^) FINDINGS.—Congress finds that— 
(1) clause 3 of section 8 of article I of the United States 
Constitution recognizes the special relationship between the 
United States and Indian tribes; 
(2) beginning in 1970, with the inauguration by the Nixon 
Administration of the Indian self-determination era, each Presi-
dent has reaffirmed the special govemment-to-government rela-
tionship between Indian tribes and the United States; 
(3) in 1994, President Clinton issued an Executive memo-
randum to the heads of departments and agencies that obli-
gated all Federal departments and agencies, particularly those 
that have an impact on economic development, to evaluate 
the potential impacts of their actions on Indian tribes; 
(4) consistent with the principles of inherent tribal sov-
ereignty and the special relationship between Indian tribes 
and the United States, Indian tribes retain the right to enter 
into contracts and agreements to trade freely, and seek enforce-
ment of treaty and trade rights; 
(5) Congress has carried out the responsibility of the United 
States for the protection and preservation of Indian tribes and 
the resources of Indian tribes through the endorsement of trea-
ties, and the enactment of other laws, including laws that 
provide for the exercise of administrative authorities; 
(6) the United States has an obligation to guard and pre-
serve the sovereignty of Indian tribes in order to foster strong 
tribal governments, Indian self-determination, and economic 
self-sufficiency among Indian tribes; 
(7) the capacity of Indian tribes to build strong tribal 
governments and vigorous economies is hindered by the 
inability of Indian tribes to engage communities that surround 
Indian lands and outside investors in economic activities on 
Indian lands; 
(8) despite the availability of abundant natural resources 
on Indian lands and a rich cultural legacy that accords great 
PUBLIC LAW 106-464—NOV. 7, 2000 
114 STAT. 2013 
value to self-determination, self-reliance, and independence, 
Native Americans suffer higher rates of unemplo3anent, pov-
erty, poor health, substandard housing, and associated social 
ills than those of any other group in the United States; 
(9) the United States has an obligation to assist Indian 
tribes with the creation of appropriate economic and political 
conditions with respect to Indian lands to— 
(A) encourage investment from outside sources that 
do not originate with the tribes; and 
(B) facilitate economic ventures with outside entities 
that are not tribal entities; 
(10) the economic success and material well-being of Native 
American communities depends on the combined efforts of the 
Federal (Government, tribal governments, the private sector, 
and individuals; 
(11) the lack of employment and entrepreneurial opportuni-
ties in the communities referred to in paragraph (7) has 
resulted in a multigenerational dependence on Federal assist-
ance that is— 
(A) insufficient to address the magnitude of needs; 
and 
(B) unreliable in availability; and 
(12) the twin goals of economic self-sufficiency and political 
self-determination for Native Americans can best be served 
by making available to address the challenges faced by those 
groups— 
(A) the resources of the private market; 
(B) adequate capital; and 
(C) technical expertise. 
(b) PURPOSES.—^The purposes of this Act are as follows: 
(1) To revitalize economically and physically distressed 
Native American economies by— 
(A) encouraging the formation of new businesses by 
eligible entities, and the expansion of existing businesses; 
and 
(B) facilitating the movement of goods to and from 
Indian lands and the provision of services by Indians. 
(2) To promote private investment in the economies of 
Indian tribes and to encourage the sustainable development 
of resources of Indian tribes and Indian-owned businesses. 
(3) To promote the long-range sustained growth of the 
economies of Indian tribes. 
(4) To raise incomes of Indians in order to reduce the 
number of Indians at poverty levels and provide the means 
for achieving a higher standard of living on Indian reservations. 
(5) To encourage intertribal, regional, and international 
trade and business development in order to assist in increasing 
productivity and the standard of living of members of Indian 
tribes and improving the economic self-sufficiency of the gov-
erning bodies of Indian tribes. 
(6) To promote economic self-sufficiency and political self-
determination for Indian tribes and members of Indian tribes. 
SEC. 3. DEFINITIONS. 
25 USC 4302. 
In this Act: 
(1) ELIGIBLE ENTITY.—The term "eligible entity" means an 
Indian tribe or tribal organization, an Indian arts and crafts 
114 STAT. 2014 
PUBLIC LAW 106-464—NOV. 7, 2000 
organization, as that term is defined in section 2 of the Act 
of August 27, 1935 (commonly known as the "Indian Arts 
and Crafts Act") (49 Stat. 891, chapter 748; 25 U.S.C. 305a), 
a tribal enterprise, a tribal marketing cooperative (as that 
term is defined by the Secretary, in consultation with the 
Secretary of the Interior), or any other Indian-owned business. 
(2) INDIAN.—^The term "Indian" has the meaning given 
that term in section 4(d) of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b(d)). 
(3) INDIAN GOODS AND SERViCES.^The term "Indian goods 
and services" means— 
(A) Indian goods, within the meaning of section 2 of 
the Act of August 27, 1935 (commonly known as the "Indian 
Arts and Crafts Act") (49 Stat. 891, chapter 748; 25 U.S.C. 
305a); 
(B) goods produced or originated by an eligible entity; 
and 
(C) services provided by eligible entities. 
(4) INDIAN LANDS.— 
(A) IN GENERAL.—^The term "Indian lands" includes 
lands under the definition of— 
(i) the term "Indian country" under section 1151 
of title 18, United States Code; or 
(ii) the term "reservation" under— 
(I) section 3(d) of the Indian Financing Act 
of 1974 (25 U.S.C. 1452(d)); or 
(II) section 4(10) of the Indian Child Welfare 
Act of 1978 (25 U.S.C. 1903(10)). 
(B) FORMER INDIAN RESERVATIONS IN OKLAHOMA.—^For 
purposes of applying section 3(d) of the Indian Financing 
Act of 1974 (25 U.S.C. 1452(d)) under subparagraph (A)(ii), 
the term "former Indian reservations in Oklahoma" shall 
be construed to include lands that are— 
(i) within the jurisdictional areas of an Oklahoma 
Indian tribe (as determined by the Secretary of the 
Interior); and 
(ii) recognized by the Secretary of the Interior 
as eligible for trust land status under part 151 of 
title 25, Code of Federal Regulations (as in effect on 
the date of enactment of this Act). 
(5) INDIAN-OWNED BUSINESS.—^The term "Indian-owned 
business" means an entity organized for the conduct of trade 
or commerce with respect to which at least 50 percent of the 
property interests of the entity are owned by Indians or Indian 
tribes (or a combination thereof). 
(6) INDIAN TRIBE.—^The term "Indian tribe" has the meaning 
given that term in section 4(e) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b(e)). 
(7) SECRETARY.—^The term "Secretary means the Secretary 
of Commerce. 
(8) TRIBAL ENTERPRISE.—^The term "tribal enterprise" 
means a commercial activity or business managed or controlled 
by an Indian tribe. 
(9) TRIBAL ORGANIZATION.—^The term "tribal organization" 
has the meaning given that term in section 4(1) of the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 
450b(l)). 
PUBLIC LAW 106-464—NOV. 7, 2000 
114 STAT. 2015 
SEC. 4. OFFICE OF NATIVE AMERICAN BUSINESS DEVELOPMENT. 
25 USC 4303. 
(a) IN GENERAL.— 
(1) ESTABLISHMENT.—There is established within the 
Department of Commerce an office known as the Office of 
Native American Business Development (referred to in this 
Act as the "Office"). 
(2) DIRECTOR.—^The Office shall be headed by a Director, 
appointed by the Secretary, whose title shall be the Director 
of Native American Business Development (referred to in this 
Act as the "Director"). The Director shall be compensated at 
a rate not to exceed level V of the Executive Schedule under 
section 5316 of title 5, United States Code. 
(b) DUTIES OF THE SECRETARY.— 
(1) IN GENERAL.—^The Secretary, acting through the 
Director, shall ensure the coordination of Federal programs 
that provide assistance, including financial and technical assist-
ance, to eligible entities for increased business, the expansion 
of trade by eligible entities, and economic development on 
Indian lands. 
(2) INTERAGENCY COORDINATION.—^The Secretary, acting 
through the Director, shall coordinate Federal 
programs 
relating to Indian economic development, including any such 
program of the Department of the Interior, the Small Business 
Administration, the Department of Labor, or any other Federal 
agency charged with Indian economic development responsibil-
ities. 
(3) ACTIVITIES.—In canying out the duties described in 
paragraph (1), the Secretary, acting through the Director, shall 
ensure the coordination of, or, as appropriate, carry out— 
(A) Federal programs designed to provide legal, 
accounting, or financial assistance to eligible entities; 
(B) market surveys; 
(C) the development of promotional materials; 
(D) the financing of business development seminars; 
(E) the facilitation of marketing; 
(F) the participation of appropriate Federal agencies 
or eligible entities in trade fairs; 
(G) any activity that is not described in subparagraphs 
(A) through (F) that is related to the development of appro-
priate markets; and 
(H) any other activity that the Secretary, in consulta-
tion with the Director, determines to be appropriate to 
carry out this section. 
(4) 
ASSISTANCE.—^In 
conjunction 
with 
the 
activities 
described in paragraph (3), the Secretary, acting through the 
Director, shall provide— 
(A) financial assistance, technical assistance, and 
administrative services to eligible entities to assist those 
entities with— 
(i) identifying and taking advantage of business 
development opportunities; and 
(ii) compliance with appropriate laws and regu-
latory practices; and 
(B) such other assistance as the Secretary, in consulta-
tion with the Director, determines to be necessary for the 
development of business opportunities for eligible entities 
to enhance the economies of Indian tribes. 
79-194 O - 00 - 32 : QL 3 Part 3 
114 STAT. 2016 
PUBLIC LAW 106-464—NOV. 7, 2000 
(5) PRIORITIES,—In carrying out the duties and activities 
described in paragraphs (3) and (4), the Secretary, acting 
through the Director, shall give priority to activities that— 
(A) provide the greatest degree of economic benefits 
to Indians; and 
(B) foster long-term stable economies of Indian tribes. 
(6) PROHIBITION.—^The Secretary may not provide under 
this section assistance for any activity related to the operation 
of a gaming activity on Indian lands pursuant to the Indian 
Gaming Regulatory Act (25 U.S.C. 2710 et seq.). 
25 use 4304. 
SEC. 5. NATIVE AMERICAN TRADE AND EXPORT PROMOTION. 
(a) IN GENERAL.—^The Secretary, acting through the Director, 
shall carry out a Native American export and trade promotion 
program (referred to in this section as the "program"). 
(b) COORDINATION OF FEDERAL PROGRAMS AND SERVICES.—In 
carrying out the program, the Secretary, acting through the 
Director, and in cooperation with the heads of appropriate Federal 
agencies, shall ensure the coordination of Federal programs and 
services designed to— 
(1) develop the economies of Indian tribes; and 
(2) stimulate the demand for Indian goods and services 
that are available from eligible entities. 
(c) ACTIVITIES.—^In carrying out the duties described in sub-
section (b), the Secretary, acting through the Director, shall ensure 
the coordination of, or, as appropriate, carry out— 
(1) Federal programs designed to provide technical or finan-
cial assistance to eligible entities; 
(2) the development of promotional materials; 
(3) the financing of appropriate trade missions; 
(4) the marketing of Indian goods and services; 
(5) the participation of appropriate Federal agencies or 
eligible entities in international trade fairs; and 
(6) any other activity related to the development of markets 
for Indian goods and services. 
(d) TECHNICAL ASSISTANCE.—In conjunction with the activities 
described in subsection (c), the Secretary, acting through the 
Director, shall provide technical assistance and administrative serv-
ices to eligible entities to assist those entities with— 
(1) the identification of appropriate markets for Indian 
goods and services; 
(2) entering the markets referred to in paragraph (1); 
(3) compliance with foreign or domestic laws and practices 
with respect to financial institutions with respect to the export 
and import of Indian goods and services; and 
(4) entering into financial arrangements to provide for the 
export and import of Indian goods and services. 
(e) PRIORITIES.—In canying out the duties and activities 
described in subsections (b) and (c), the Secretary, acting through 
the Director, shall give priority to activities that— 
(1) provide the greatest degree of economic benefits to 
Indians; and 
(2) foster long-term stable international markets for Indian 
goods and services. 
25 use 4305. 
SEC. 6. INTERTRIBAL TOURISM DEMONSTRATION PROJECTS. 
(a) PROGRAM TO CONDUCT TOURISM PROJECTS.— 
PUBLIC LAW 106-464—NOV. 7, 2000 
114 STAT. 2017 
(1) IN GENERAL.—^The Secretary, acting through 
the 
Director, shall conduct a Native American tourism program 
to facilitate the development and conduct of tourism demonstra-
tion projects by Indian tribes, on a tribal, intertribal, or regional 
basis. 
(2) DEMONSTRATION PROJECTS.— 
(A) IN GENERAL.—^Under the program 
established 
under this section, in order to assist in the development 
and promotion of tourism on and in the vicinity of Indian 
lands, the Secretary, acting through the Director, shall, 
in coordination with the Under Secretary of Agriculture 
for Rural Development, assist eligible entities in the plan-
ning, development, and implementation of tourism develop-
ment 
demonstration 
projects that 
meet the 
criteria 
described in subparagraph (B). 
(B) 
PROJECTS 
DESCRIBED.—In 
selecting 
tourism 
development demonstration projects under this section, the 
Secretary, acting through the Director, shall select projects 
that have the potential to increase travel and tourism 
revenues by attracting visitors to Indian lands and lands 
in the vicinity of Indian lands, including projects that pro-
vide for— 
(i) the development and distribution of educational 
and promotional materials pertaining to attractions 
located on and near Indian lands; 
(ii) the development of educational resources to 
assist in private and public tourism development on 
and in the vicinity of Indian lands; and 
(iii) the coordination of tourism-related joint ven-
tures and cooperative efforts between eligible entities 
and appropriate State and local governments that have 
jurisdiction over areas in the vicinity of Indian lands. 
(3) GRANTS.—^To carry out the program under this section, 
the Secretary, acting through the Director, may award grants 
or enter into other appropriate arrangements with Indian 
tribes, tribal organizations, intertribal consortia, or other tribal 
entities that the Secretary, in consultation with the Director, 
determines to be appropriate. 
(4) LOCATIONS.—In providing for tourism development dem-
onstration projects under the program under this section, the 
Secretary, acting through the Director, shall provide for a dem-
onstration project to be conducted— 
(A) for Indians of the Four Comers area located in 
the area adjacent to the border between Arizona, Utah, 
Colorado, and New Mexico; 
(B) for Indians of the northwestern area that is com-
monly known as the Great Northwest (as determined by 
the Secretary); 
(C) for the Oklahoma Indians in Oklahoma; 
(D) for the Indians of the Great Plains area (as deter-
mined by the Secretary); and 
(E) for Alaska Natives in Alaska. 
(b) ASSISTANCE.—^The Secretary, acting through the Director, 
shall provide financial assistance, technical assistance, and adminis-
trative services to participants that the Secretary, acting through 
the Director, selects to carry out a tourism development project 
under this section, with respect to— 
114 STAT. 2018 
PUBLIC LAW 106-464—NOV. 7, 2000 
(1) feasibility studies conducted as part of that project; 
(2) market analyses; 
(3) participation in tourism and trade missions; and 
(4) any other activity that the Secretary, in consultation 
with the Director, determines to be appropriate to carry out 
this section. 
(c) 
INFRASTRUCTURE 
DEVELOPMENT.—The 
demonstration 
projects conducted under this section shall include provisions to 
facilitate the development and financing of infrastructure, including 
the development of Indian reservation roads in a manner consistent 
with title 23, United States Code. 
25 use 4306. 
SEC. 7. REPORT TO CONGRESS. 
(a) IN GENERAL.—^Not later than 1 year after the date of enact-
ment of this Act, and annually thereafter, the Secretary, in consulta-
tion with the Director, shall prepare and submit to the Committee 
on Indian Affairs of the Senate and the Committee on Resources 
of the House of Representatives a report on the operation of the 
Office. 
(b) CONTENTS OF REPORT.—Each report prepared under sub-
section (a) shall include— 
(1) for the period covered by the report, a summary of 
the activities conducted by the Secretary, acting through the 
Director, in carrying out sections 4 through 6; and 
(2) any recommendations for legislation that the Secretary, 
in consultation with the Director, determines to be necessary 
to carry out sections 4 through 6. 
25 use 4307. 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this Act, to remain available until expended. 
Approved November 7, 2000. 
LEGISLATIVE HISTORY—S. 2719: 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
June 28, considered and passed Senate. 
Oct. 23, considered and passed House.