NATIVE Act
PL 114-221 (S.1579), enacted 09/23/2016

130 STAT. 847 
PUBLIC LAW 114–221—SEPT. 23, 2016 
Public Law 114–221 
114th Congress 
An Act 
To enhance and integrate Native American tourism, empower Native American 
communities, increase coordination and collaboration between Federal tourism 
assets, and expand heritage and cultural tourism opportunities in the United 
States. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Native American Tourism and 
Improving Visitor Experience Act’’ or the ‘‘NATIVE Act’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to enhance and integrate Native American tourism— 
(A) to empower Native American communities; and 
(B) to advance the National Travel and Tourism 
Strategy; 
(2) to increase coordination and collaboration between Fed-
eral tourism assets to support Native American tourism and 
bolster recreational travel and tourism; 
(3) to expand heritage and cultural tourism opportunities 
in the United States to spur economic development, create 
jobs, and increase tourism revenues; 
(4) to enhance and improve self-determination and self- 
governance capabilities in the Native American community and 
to promote greater self-sufficiency; 
(5) to encourage Indian tribes, tribal organizations, and 
Native Hawaiian organizations to engage more fully in Native 
American tourism activities to increase visitation to rural and 
remote areas in the United States that are too difficult to 
access or are unknown to domestic travelers and international 
tourists; 
(6) to provide grants, loans, and technical assistance to 
Indian tribes, tribal organizations, and Native Hawaiian 
organizations that will— 
(A) spur important infrastructure development; 
(B) increase tourism capacity; and 
(C) elevate living standards in Native American 
communities; and 
(7) to support the development of technologically innovative 
projects that will incorporate recreational travel and tourism 
information and data from Federal assets to improve the visitor 
experience. 
Grants. 
Loans. 
25 USC 4351. 
25 USC 4351 
note. 
Native American 
Tourism and 
Improving Visitor 
Experience Act. 
Sept. 23, 2016 
[S. 1579] 
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130 STAT. 848 
PUBLIC LAW 114–221—SEPT. 23, 2016 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AGENCY.—The term ‘‘agency’’ has the meaning given 
the term in section 551 of title 5, United States Code. 
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 
given the term in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b). 
(3) NATIVE
HAWAIIAN
ORGANIZATION.—The term ‘‘Native 
Hawaiian organization’’ means a nonprofit organization— 
(A) that serves the interests of Native Hawaiians; 
(B) in which Native Hawaiians serve in substantive 
and policymaking positions; and 
(C) that is recognized for having expertise in Native 
Hawaiian culture and heritage, including tourism. 
(4) TRIBAL ORGANIZATION.—The term ‘‘tribal organization’’ 
has the meaning given the term in section 4 of the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 
450b). 
SEC. 4. INTEGRATING FEDERAL TOURISM ASSETS TO STRENGTHEN 
NATIVE TOURISM OPPORTUNITIES. 
(a) SECRETARY
OF
COMMERCE
AND
SECRETARY
OF
THE 
INTERIOR.—The Secretary of Commerce and the Secretary of the 
Interior shall update the respective management plans and tourism 
initiatives of the Department of Commerce and the Department 
of the Interior to include Indian tribes, tribal organizations, and 
Native Hawaiian organizations. 
(b) OTHER AGENCIES.—The head of each agency that has rec-
reational travel or tourism functions or complementary programs 
shall update the respective management plans and tourism strate-
gies of the agency to include Indian tribes, tribal organizations, 
and Native Hawaiian organizations. 
(c) NATIVE AMERICAN TOURISM PLANS.— 
(1) IN GENERAL.—The plans shall outline policy proposals— 
(A) to improve travel and tourism data collection and 
analysis; 
(B) to increase the integration, alignment, and utility 
of public records, publications, and Web sites maintained 
by Federal agencies; 
(C) to create a better user experience for domestic 
travelers and international visitors; 
(D) to align Federal agency Web sites and publications; 
(E) to support national tourism goals; 
(F) to identify agency programs that could be used 
to support tourism capacity building and help sustain 
tourism infrastructure in Native American communities; 
(G) to develop innovative visitor portals for parks, land-
marks, heritage and cultural sites, and assets that show-
case and respect the diversity of the indigenous peoples 
of the United States; 
(H) to share local Native American heritage through 
the development of bilingual interpretive and directional 
signage that could include or incorporate English and the 
local Native American language or languages; and 
(I) to improve access to transportation programs 
related to Native American community capacity building 
Plans. 
25 USC 4353. 
25 USC 4352. 
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130 STAT. 849 
PUBLIC LAW 114–221—SEPT. 23, 2016 
for tourism and trade, including transportation planning 
for programs related to visitor enhancement and safety. 
(2) CONSULTATION WITH INDIAN TRIBES AND NATIVE AMERI-
CANS.—In developing the plan under paragraph (1), the head 
of each agency shall consult with Indian tribes and the Native 
American community to identify appropriate levels of inclusion 
of the Indian tribes and Native Americans in Federal tourism 
activities, public records and publications, including Native 
American tourism information available on Web sites. 
(d) TECHNICAL ASSISTANCE.— 
(1) IN GENERAL.—The Secretary of the Interior, in consulta-
tion with the Secretary of Commerce, shall enter into a memo-
randum of understanding or cooperative agreement with an 
entity or organization with a demonstrated record in tribal 
communities of defining, introducing, developing, and sus-
taining American Indian, Alaska Native, and Native Hawaiian 
tourism and related activities in a manner that respects and 
honors native traditions and values. 
(2) COORDINATION.—The memorandum of understanding 
or cooperative agreement described in paragraph (1) shall for-
malize a role for the organization or entity to serve as a 
facilitator between the Secretary of the Interior and the Sec-
retary of Commerce and the Indian tribes, tribal organizations, 
and Native Hawaiian organizations— 
(A) to identify areas where technical assistance is 
needed through consultations with Indian tribes, tribal 
organizations, and Native Hawaiian organizations to 
empower the Indian tribes, tribal organizations, and Native 
Hawaiian organizations to participate fully in the tourism 
industry; and 
(B) to provide a means for the delivery of technical 
assistance and coordinate the delivery of the assistance 
to Indian tribes, tribal organizations, and Native Hawaiian 
organizations in collaboration with the Secretary of the 
Interior, the Secretary of Commerce, and other entities 
with distinctive experience, as appropriate. 
(3) FUNDING.—Subject to the availability of appropriations, 
the head of each Federal agency, including the Secretary of 
the Interior, the Secretary of Commerce, the Secretary of 
Transportation, the Secretary of Agriculture, the Secretary of 
Health and Human Services, and the Secretary of Labor shall 
obligate any funds made available to the head of the agency 
to cover any administrative expenses incurred by the organiza-
tion or entity described in paragraph (1) in carrying out pro-
grams or activities of the agency. 
(4) METRICS.—The Secretary of the Interior and the Sec-
retary of Commerce shall coordinate with the organization or 
entity described in paragraph (1) to develop metrics to measure 
the effectiveness of the entity or organization in strengthening 
tourism opportunities for Indian tribes, tribal organizations, 
and Native Hawaiian organizations. 
(e) REPORTS.—Not later than 1 year after the date of enactment 
of this Act, and occasionally thereafter, the Secretary of the Interior 
and the Secretary of Commerce shall each submit to the Committee 
on Indian Affairs of the Senate and the Committee on Natural 
Resources of the House of Representatives a report that describes— 
Coordination. 
Consultation. 
Consultation. 
Memorandum. 
Contracts. 
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130 STAT. 850 
PUBLIC LAW 114–221—SEPT. 23, 2016 
(1) the manner in which the Secretary of the Interior 
or the Secretary of Commerce, as applicable, is including Indian 
tribes, tribal organizations, and Native Hawaiian organizations 
in management plans; 
(2) the efforts of the Secretary of the Interior or the Sec-
retary of Commerce, as applicable, to develop departmental 
and agency tourism plans to support tourism programs of 
Indian tribes, tribal organizations, and Native Hawaiian 
organizations; 
(3) the manner in which the entity or organization 
described in subsection (d)(1) is working to promote tourism 
to empower Indian tribes, tribal organizations, and Native 
Hawaiian organizations to participate fully in the tourism 
industry; and 
(4) the effectiveness of the entity or organization described 
in subsection (d)(1) based on the metrics developed under sub-
section (d)(4). 
SEC. 5. NATIVE AMERICAN TOURISM AND BRANDING ENHANCEMENT. 
(a) IN GENERAL.—The head of each agency shall— 
(1) take actions that help empower Indian tribes, tribal 
organizations, and Native Hawaiian organizations to showcase 
the heritage, foods, traditions, history, and continuing vitality 
of Native American communities; 
(2) support the efforts of Indian tribes, tribal organizations, 
and Native Hawaiian organizations— 
(A) to identify and enhance or maintain traditions and 
cultural features that are important to sustain the distinc-
tiveness of the local Native American community; and 
(B) to provide visitor experiences that are authentic 
and respectful; 
(3) provide assistance to interpret the connections between 
the indigenous peoples of the United States and the national 
identity of the United States; 
(4) enhance efforts to promote understanding and respect 
for diverse cultures and subcultures in the United States and 
the relevance of those cultures to the national brand of the 
United States; and 
(5) enter into appropriate memoranda of understanding 
and establish public-private partnerships to ensure that 
arriving domestic travelers at airports and arriving inter-
national visitors at ports of entry are welcomed in a manner 
that both showcases and respects the diversity of Native Amer-
ican communities. 
(b) GRANTS.—To the extent practicable, grant programs relating 
to travel, recreation, or tourism administered by the Commissioner 
of the Administration for Native Americans, Chairman of the 
National Endowment for the Arts, Chairman of the National Endow-
ment for the Humanities, or the head of an agency with assets 
or resources relating to travel, recreation, or tourism promotion 
or branding enhancement for which Indian tribes, tribal organiza-
tions, or Native Hawaiian organizations are eligible may be used— 
(1) to support the efforts of Indian tribes, tribal organiza-
tions, and Native Hawaiian organizations to tell the story of 
Native Americans as the First Peoples of the United States; 
Memorandum. 
Partnerships. 
25 USC 4354. 
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130 STAT. 851 
PUBLIC LAW 114–221—SEPT. 23, 2016 
LEGISLATIVE HISTORY—S. 1579: 
HOUSE REPORTS: No. 114–721, Pt. 1 (Comm. on Natural Resources). 
SENATE REPORTS: No. 114–201 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 162 (2016): 
Apr. 25, considered and passed Senate. 
Sept. 12, considered and passed House. 
(2) to use the arts and humanities to help revitalize Native 
communities, promote economic development, increase liv-
ability, and present the uniqueness of the United States to 
visitors in a way that celebrates the diversity of the United 
States; and 
(3) to carry out this section. 
(c) SMITHSONIAN.—The Advisory Council and the Board of 
Regents of the Smithsonian Institution shall work with Indian 
tribes, tribal organizations, Native Hawaiian organizations, and 
nonprofit organizations to establish long-term partnerships with 
non-Smithsonian museums and educational and cultural organiza-
tions— 
(1) to share collections, exhibitions, interpretive materials, 
and educational strategies; and 
(2) to conduct joint research and collaborative projects that 
would support tourism efforts for Indian tribes, tribal organiza-
tions, and Native Hawaiian organizations and carry out the 
intent of this section. 
SEC. 6. EFFECT. 
Nothing in this Act alters, or demonstrates congressional sup-
port for the alteration of, the legal relationship between the United 
States and any American Indian, Alaska Native, or Native 
Hawaiian individual, group, organization, or entity. 
Approved September 23, 2016. 
25 USC 4355. 
Partnerships. 
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