Text: S.1579 — 114th Congress (2015-2016)All Information (Except Text)

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Public Law No: 114-221 (09/23/2016)

 
[114th Congress Public Law 221]
[From the U.S. Government Publishing Office]



[[Page 130 STAT. 847]]

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. <<NOTE: Sept. 23, 2016 -  [S. 
                                1579]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Native American 
Tourism and Improving Visitor Experience Act.>> 
SECTION 1. <<NOTE: 25 USC 4351 note.>> SHORT TITLE.

    This Act may be cited as the ``Native American Tourism and Improving 
Visitor Experience Act'' or the ``NATIVE Act''.
SEC. 2. <<NOTE: 25 USC 4351.>>  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 
        Federal 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) <<NOTE: Grants. Loans.>>  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.

[[Page 130 STAT. 848]]

SEC. 3. <<NOTE: 25 USC 4352.>>  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. <<NOTE: Plans. 25 USC 4353.>>  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 recreational 
travel or tourism functions or complementary programs shall update the 
respective management plans and tourism strategies 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, 
                landmarks, heritage and cultural sites, and assets that 
                showcase 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

[[Page 130 STAT. 849]]

                for tourism and trade, including transportation planning 
                for programs related to visitor enhancement and safety.
            (2) Consultation with indian tribes and native americans.--
        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) <<NOTE: Consultation. Memorandum. Contracts.>>  In 
        general.--The Secretary of the Interior, in consultation with 
        the Secretary of Commerce, shall enter into a memorandum of 
        understanding or cooperative agreement with an entity or 
        organization with a demonstrated record in tribal communities of 
        defining, introducing, developing, and sustaining 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 formalize 
        a role for the organization or entity to serve as a facilitator 
        between the Secretary of the Interior and the Secretary of 
        Commerce and the Indian tribes, tribal organizations, and Native 
        Hawaiian organizations--
                    (A) <<NOTE: Consultation.>>  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 organization 
        or entity described in paragraph (1) in carrying out programs or 
        activities of the agency.
            (4) <<NOTE: Coordination.>>  Metrics.--The Secretary of the 
        Interior and the Secretary 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--

[[Page 130 STAT. 850]]

            (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 
        Secretary 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 subsection (d)(4).
SEC. 5. <<NOTE: 25 USC 4354.>>  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 
                distinctiveness 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) <<NOTE: Memorandum. Partnerships.>>  enter into 
        appropriate memoranda of understanding and establish public-
        private partnerships to ensure that arriving domestic travelers 
        at airports and arriving international visitors at ports of 
        entry are welcomed in a manner that both showcases and respects 
        the diversity of Native American 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 Endowment 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 organizations, or Native Hawaiian organizations 
are eligible may be used--
            (1) to support the efforts of Indian tribes, tribal 
        organizations, and Native Hawaiian organizations to tell the 
        story of Native Americans as the First Peoples of the United 
        States;

[[Page 130 STAT. 851]]

            (2) to use the arts and humanities to help revitalize Native 
        communities, promote economic development, increase livability, 
        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.-- <<NOTE: Partnerships.>> 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 organizations--
            (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 
        organizations, and Native Hawaiian organizations and carry out 
        the intent of this section.
SEC. 6. <<NOTE: 25 USC 4355.>>  EFFECT.

    Nothing in this Act alters, or demonstrates congressional support 
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.

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.

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