[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4733 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4733
To deem certain voyages transporting passengers between ports or places
within the United States in compliance with certain requirements upon
calling on a port owned by an Indian Tribe, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
July 27, 2021
Mr. Young introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
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A BILL
To deem certain voyages transporting passengers between ports or places
within the United States in compliance with certain requirements upon
calling on a port owned by an Indian Tribe, and for other purposes.
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 ``Tribal Tourism Sovereignty Act''.
SEC. 2. DESIGNATION OF PORTS AND PORT CALLS ON INDIAN LANDS.
(a) Criteria.--For the purposes of complying with section 55103 of
title 46, United States Code, voyages transporting passengers between
ports or places in the United States shall be deemed in compliance with
such section upon calling on a port or place owned by an Indian Tribe,
if the voyage--
(1) is made by a covered passenger vessel to which sections
3507 and 3508 of title 46, United States Code, apply; and
(2) employs alien crewman issued nonimmigrant visas
pursuant to subparagraph (C) of (D) of section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)).
(b) Applicability.--
(1) In general.--Voyages conducted under subsection (a)
shall originate in a port or place in the United States and
terminate in a port or place in the United States.
(2) Compliance.--For purposes of complying with subsection
(a), a covered passenger vessel performing voyages under
subsection (a) shall comply with the following:
(A) Receive permission through a tribal resolution
or formal agreement from the applicable Indian Tribe to
dock at a port or place owned by such Indian Tribe and
disembark passengers on the tribal lands of such Tribe.
(B) The agreement--
(i) shall grant such covered passenger
vessels access to such port; and
(ii) may provide authority to disembark
passengers and crew on such lands and describe
permissible activities for such passengers and
crew.
(C) Such covered passenger vessels, crews, and
passengers shall comply with all applicable Tribal laws
and regulations, including health and safety laws and
regulations for the duration of such vessels, crews,
and passenger's time on Tribal land.
(c) Tribal Powers and Privileges.--For voyages and port calls
described in subsections (a) and (b), Tribes--
(1) shall have the sole authority to make or terminate
agreements described in subsection (b) at any time;
(2) shall have the authority to levy and collect fees from
port calls made by covered passenger vessels performed under
subsection (a); and
(3) shall receive the right of first refusal to provide
contracts and services to covered passenger vessels described
in subsection (a) for the duration of the port call.
(d) Rule of Construction.--For purposes of complying with
subsection (a), ports owned by Indian Tribes located on land adjacent
to navigable coastal waters shall be considered a foreign port for
purposes of section 55103 of title 46, United States Code.
(e) Definitions.--In this Act:
(1) Covered passenger vessel.--The term ``covered passenger
vessel'' means a passenger vessel to which sections 3507 and
3508 of title 46 United States Code apply.
(2) Indian tribe.--The term ``Indian Tribe'' means--
(A) any federally recognized Indian tribe, band,
nation, village, or other organized group or community;
and
(B) any Alaska Native village or regional or
village corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.).
(3) Port call.--The term ``port call'' means the docking of
a covered passenger vessel described in subsection (a)(1) at a
port controlled by an Indian Tribe, regardless of the act of
embarking or disembarking passengers.
(4) Port owned by an indian tribe.--The term ``port owned
by an Indian Tribe'' means a port that is owned and controlled
by an Indian Tribe and located on land owned and controlled by
such Tribe.
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