Indian Community Economic Enhancement Act of 2020
PL 116-261 (S.212), enacted 12/30/2020

[116th Congress Public Law 261]
[From the U.S. Government Publishing Office]



[[Page 3305]]

            INDIAN COMMUNITY ECONOMIC ENHANCEMENT ACT OF 2020

[[Page 134 STAT. 3306]]

Public Law 116-261
116th Congress

                                 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. <<NOTE: Dec. 30, 2020 -  [S. 
                                 212]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Indian Community 
Economic Enhancement Act of 2020.>> 
SECTION 1. <<NOTE: 25 USC 4301 note.>>  SHORT TITLE.

    This Act may be cited as the ``Indian Community Economic Enhancement 
Act of 2020''.
SEC. 2. <<NOTE: 25 USC 4301 note.>>  FINDINGS.

    Congress finds that--
            (1)(A) to bring industry and economic development to Indian 
        communities, Indian Tribes must overcome a number of barriers, 
        including--
                    (i) geographical location;
                    (ii) lack of infrastructure or capacity;
                    (iii) lack of sufficient collateral and capital; and
                    (iv) regulatory bureaucracy relating to--
                          (I) development; and
                          (II) access to services provided by the 
                      Federal Government; and
            (B) the barriers described in subparagraph (A) often add to 
        the cost of doing business in Indian communities;
            (2) Indian Tribes--
                    (A) enact laws and exercise sovereign governmental 
                powers;
                    (B) determine policy for the benefit of Tribal 
                members; and
                    (C) produce goods and services for consumers;
            (3) the Federal Government has--
                    (A) an important government-to-government 
                relationship with Indian Tribes; and
                    (B) a role in facilitating healthy and sustainable 
                Tribal economies;
            (4) the input of Indian Tribes in developing Federal policy 
        and programs leads to more meaningful and effective measures to 
        assist Indian Tribes and Indian entrepreneurs in building Tribal 
        economies;
            (5)(A) many components of Tribal infrastructure need 
        significant repair or replacement; and
            (B) access to private capital for projects in Indian 
        communities--

[[Page 134 STAT. 3307]]

                    (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 financing 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 
        incentives accorded to State and local governmental entities; 
        and
            (C) as a result of the disparity in treatment of Indian 
        Tribes described in subparagraph (B), investors 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 guarantee programs 
        available to facilitate financing of business, energy, economic, 
        housing, and community development projects in Indian 
        communities, and those programs may support public-private 
        partnerships for infrastructure development, but improvements 
        and support are needed for those programs specific to Indian 
        communities to facilitate more effectively 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 solutions remain subject to review and 
        approval by the 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 Businesses.--The findings and 
purposes in subsections (a) and (b) shall apply to any Indian-owned 
business governed--
            ``(1) by Tribal laws regulating trade or commerce 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;
            (2) by inserting before paragraph (2) (as redesignated by 
        paragraph (1)) the following:
            ``(1) Director.--The term `Director' means the Director of 
        Native American Business Development appointed pursuant to 
        section 4(a)(2).''; and

[[Page 134 STAT. 3308]]

            (3) by inserting after paragraph (7) (as redesignated by 
        paragraph (1)) the following:
            ``(8) Office.--The term `Office' means the Office of Native 
        American Business Development established by section 4(a)(1).''.

    (c) Office of Native American Business Development.--Section 4 of 
the Native American Business Development, 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 Commerce'' and 
                      inserting ``Office of the Secretary''; 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 
                `Director')''; and
            (2) by adding at the end the following:

    ``(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 governmental 
                relationship between the United States and Indian 
                Tribes; and
                    ``(B) the point of contact for Indian Tribes, Tribal 
                organizations, and Indians regarding--
                          ``(i) policies and programs of the Department 
                      of Commerce; and
                          ``(ii) other matters relating to economic 
                      development and doing business in Indian lands.
            ``(2) Departmental coordination.--The Director 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) <<NOTE: Consultation.>>  consultation with 
                Indian Tribes regarding the policies, programs, 
                assistance, and activities of the offices and agencies.
            ``(3) Office operations.--There are authorized to be 
        appropriated to carry out this section not more than $2,000,000 
        for each fiscal year.''.

    (d) Indian Community Development Initiatives.--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. <<NOTE: 25 USC 4306a.>>  INDIAN COMMUNITY DEVELOPMENT 
                    INITIATIVES.

    ``(a) <<NOTE: Deadline.>>  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 education 
                regarding investments in Indian communities through--

[[Page 134 STAT. 3309]]

                          ``(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 Financial Institutions 
                      Fund established under section 104(a) of the 
                      Community Development Banking and Financial 
                      Institutions Act of 1994 (12 U.S.C. 4703(a)); and
                          ``(iii) other capital development programs;
                    ``(B) examine and develop alternatives that would 
                qualify as collateral for financing in Indian 
                communities; and
                    ``(C) provide entrepreneur and other training 
                relating to economic development through tribally 
                controlled colleges and universities and other Indian 
                organizations with experience in providing such 
                training;
            ``(2) <<NOTE: Consultation. Study.>>  to consult with Indian 
        Tribes and with the Securities and Exchange Commission to study, 
        and collaborate to establish, regulatory changes necessary 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 Regulations (or successor regulations), consistent 
        with the goals of promoting capital formation and ensuring 
        qualifying Indian Tribes have the ability to withstand 
        investment loss, on a basis comparable to other legal entities 
        that qualify as accredited investors who are not natural 
        persons;
            ``(3) to identify regulatory, legal, or other barriers to 
        increasing investment, business, and economic development, 
        including qualifying or approving collateral structures, 
        measurements of economic strength, and contributions of Indian 
        economies in Indian communities through the Authority 
        established under section 4 of the Indian Tribal Regulatory 
        Reform and Business Development Act of 2000 (25 U.S.C. 4301 
        note);
            ``(4) <<NOTE: Consultation.>>  to ensure consultation with 
        Indian Tribes regarding increasing investment in Indian 
        communities and the development of the report required in 
        paragraph (5); and
            ``(5) <<NOTE: Time period. Reports.>>  not less than once 
        every 2 years, to provide a report to Congress regarding--
                    ``(A) <<NOTE: Recommenda- tions.>>  improvements to 
                Indian communities resulting from such initiatives and 
                recommendations 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 Indian 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 
Institutions, as defined by the Secretary of the Treasury, section 
108(e) of such Act shall not apply.
    ``(c) Indian Economic Development Feasibility Study.--
            ``(1) <<NOTE: Deadline. Recommenda- tions.>>  In general.--
        The Government Accountability 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 Affairs of the 
        Senate and the Committee

[[Page 134 STAT. 3310]]

        on Natural Resources of the House of Representatives a report on 
        the findings of the study and recommendations.
            ``(2) <<NOTE: Assessments.>>  Contents.--The study shall 
        include an assessment of each of the following:
                    ``(A) In general.--The study shall assess current 
                Federal capitalization and related programs and services 
                that are available to assist Indian communities with 
                business and economic development, including 
                manufacturing, physical infrastructure (such as 
                telecommunications and broadband), community 
                development, and facilities construction for such 
                purposes. For each of the Federal programs and services 
                identified, the study shall assess the current use and 
                demand by Indian Tribes, individuals, businesses, and 
                communities of the programs, the capital needs of Indian 
                Tribes, businesses, and communities related to economic 
                development, the extent to which the programs and 
                services overlap or are duplicative, 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 assistance 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 assistance to Indian 
                borrowers as individuals as compared to such assistance 
                to Indian Tribes) 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 Financial 
                      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 incentives that could be 
                provided to enable and encourage Tribal governments to 
                invest in an Indian community development investment 
                fund or bank.''.

    (e) Conforming and Technical Amendments.--The Native American 
Business Development, Trade Promotion, and Tourism Act of 2000 (25 
U.S.C. 4301 et seq.) is amended--
            (1) <<NOTE: 25 USC 4302.>>  in section 3--

[[Page 134 STAT. 3311]]

                    (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) <<NOTE: 25 USC 4301-4305.>>  by striking ``tribes'' each 
        place the term appears and inserting ``Tribes''; and
            (3) <<NOTE: 25 USC 4301, 4302, 4305.>>  by striking 
        ``tribal'' each place the term appears 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:
``SEC. 23. EMPLOYMENT OF INDIAN LABOR AND PURCHASE OF PRODUCTS OF 
                      INDIAN INDUSTRY; PARTICIPATION 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 unreasonable--
                    ``(A) Indian labor shall be employed; and
                    ``(B) purchases of Indian industry products 
                (including printing and facilities construction, 
                notwithstanding any other provision of law) may be made 
                in open market by the Secretaries.
            ``(2) Mentor-protege program.--
                    ``(A) In general.--Participation in the Mentor-
                Protege Program established under section 831(a) of the 
                National Defense Authorization Act for Fiscal Year 1991 
                (10 U.S.C. 2302 note; Public Law 101-510) or receipt of 
                assistance under a developmental assistance agreement 
                under that program shall not render any individual or 
                entity involved in the provision of Indian labor or an 
                Indian industry product ineligible to receive assistance 
                under this section.
                    ``(B) Treatment.--For purposes of this section, no 
                determination of affiliation or control (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 
                developmental 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).

[[Page 134 STAT. 3312]]

    ``(c) Implementation.--In carrying out this section, the Secretaries 
shall--
            ``(1) conduct outreach to Indian industrial entities;
            ``(2) provide training;
            ``(3) <<NOTE: Regulations.>>  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 procurement procedures of the 
        Department of the Interior and the Department of Health and 
        Human Services, to the maximum extent practicable;
            ``(4) <<NOTE: Data.>>  require regional offices of the 
        Bureau of Indian Affairs and the Indian Health Service to 
        aggregate data regarding compliance with this section;
            ``(5) <<NOTE: Reviews.>>  require procurement management 
        reviews by their respective Departments to include a review of 
        the implementation of this section; and
            ``(6) <<NOTE: Consultation.>>  consult with Indian Tribes, 
        Indian industrial entities, and other stakeholders regarding 
        methods to facilitate compliance with--
                    ``(A) this section; and
                    ``(B) other small business or procurement goals.

    ``(d) Report.--
            ``(1) <<NOTE: Time period.>>  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 subsection 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 efforts made by additional 
                agencies within the Secretaries' respective Departments 
                to use the procurement procedures under this Act;
                    ``(B) <<NOTE: Summary.>>  a summary of the types of 
                purchases made from, and contracts (including any 
                relevant modifications, extensions, or renewals) awarded 
                to, Indian economic enterprises, expressed by agency 
                region;
                    ``(C) a description of the percentage increase or 
                decrease in total dollar value and 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) <<NOTE: Summary.>>  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 procurement 
                      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;

[[Page 134 STAT. 3313]]

                    ``(F) <<NOTE: Summary.>>  a summary of all 
                determinations made to provide awards to Indian economic 
                enterprises, including a description of the dollar value 
                of the awards;
                    ``(G) <<NOTE: Summary.>>  a description or summary 
                of the total number and value of all purchases of, and 
                contracts awarded for, supplies, services, and 
                construction (including the percentage increase or 
                decrease, as compared to the preceding fiscal year) 
                from--
                          ``(i) Indian economic enterprises; and
                          ``(ii) non-Indian economic enterprises;
                    ``(H) <<NOTE: Recommenda- tions.>>  any 
                administrative, procedural, legal, or other barriers to 
                achieving the purposes of this section, together with 
                recommendations for legislative or administrative 
                actions to address those barriers; and
                    ``(I) for each agency region--
                          ``(i) the total amount spent on purchases made 
                      from, and contracts awarded to, Indian economic 
                      enterprises; and
                          ``(ii) a comparison of the amount described in 
                      clause (i) to the total amount that the agency 
                      region would likely have spent on the same 
                      purchases made from a non-Indian economic 
                      enterprise or contracts awarded to a non-Indian 
                      economic enterprise.

    ``(e) Goals.--Each agency shall establish an annual minimum 
percentage goal for procurement in compliance with this section.''.
SEC. 5. NATIVE AMERICAN PROGRAMS ACT OF 1974.

    (a) Financial Assistance for Native American Projects.--Section 803 
of the Native American Programs Act of 1974 (42 U.S.C. 2991b) is 
amended--
            (1) by redesignating subsections (b) through (d) as 
        subsections (c) through (e), respectively; and
            (2) by inserting after subsection (a) the following:

    ``(b) Economic Development.--
            ``(1) In general.--The Commissioner may provide assistance 
        under subsection (a) for projects relating to the purposes of 
        this title to a Native community development financial 
        institution, as defined by the Secretary of the Treasury.
            ``(2) Priority.--With regard to not less than 50 percent of 
        the total amount available for assistance under this section, 
        the Commissioner shall give priority to any application seeking 
        assistance for--
                    ``(A) the development of a Tribal code or court 
                system for purposes of economic development, including 
                commercial codes, training for court personnel, 
                regulation pursuant to section 5 of the Act of August 
                15, 1876 (19 Stat. 200, chapter 289; 25 U.S.C. 261), and 
                the development of nonprofit subsidiaries or other 
                Tribal business structures;
                    ``(B) the development of a community development 
                financial institution, including training and 
                administrative expenses; or
                    ``(C) the development of a Tribal master plan for 
                community and economic development and 
                infrastructure.''.

    (b) Technical Assistance and Training.--Section 804 of the Native 
American Programs Act of 1974 (42 U.S.C. 2991c) is amended--

[[Page 134 STAT. 3314]]

            (1) in the matter preceding paragraph (1), by striking ``The 
        Commissioner'' and inserting the following:

    ``(a) In General.--The Commissioner''; and
            (2) by adding at the end the following:

    ``(b) Priority.--In providing assistance under subsection (a), the 
Commissioner shall give priority to any application described in section 
803(b)(2).''.
    (c) Authorization of Appropriations.--Section 816 of the Native 
American Programs Act of 1974 (42 U.S.C. 2992d) is amended--
            (1) by striking ``803(d)'' each place it appears and 
        inserting ``803(e)''; and
            (2) in subsection (a)--
                    (A) by striking ``such sums as may be necessary'' 
                and inserting ``$34,000,000''; and
                    (B) by striking ``1999, 2000, 2001, and 2002'' and 
                inserting ``2021 through 2025''.

    (d) Conforming and Technical Amendments.--The Native American 
Programs Act of 1974 (42 U.S.C. 2991 et seq.) is amended--
            (1) <<NOTE: 42 USC 2991b, 2991b-3, 2992c.>>  by striking 
        ``tribe'' each place the term appears and inserting ``Tribe'';
            (2) <<NOTE: 42 USC 2991b, 2991b-3.>>  by striking ``tribes'' 
        each place the term appears and inserting ``Tribes''; and
            (3) <<NOTE: 42 USC 2991b, 2991b-2, 2991b-3.>>  by striking 
        ``tribal'' each place the term appears and inserting ``Tribal''.

    Approved December 30, 2020.

LEGISLATIVE HISTORY--S. 212:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 116-605, Pt. 1 (Comm. on Natural Resources).
SENATE REPORTS: No. 116-28 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 165 (2019):
                                    June 27, considered and passed 
                                        Senate.
                                                        Vol. 166 (2020):
                                    Dec. 3, considered and passed House, 
                                        amended.
                                    Dec. 17, Senate concurred in House 
                                        amendment.

                                  <all>