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115th Congress    }                                    {   Rept. 115-1064
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {       Part 1

======================================================================



 
                          JOBS FOR TRIBES ACT

                                _______
                                

                December 3, 2018.--Ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 4506]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4506) to provide incentives to encourage tribal 
job creation and economic activity, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Jobs for Tribes Act''.

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

            TITLE I--INDIAN ECONOMIC ENHANCEMENT ACT OF 2018

Sec. 101. Short title.
Sec. 102. Native American Business Development, Trade Promotion, and 
Tourism Act of 2000.
Sec. 103. Buy Indian Act.
Sec. 104. Native American Programs Act of 1974.

       TITLE II--NATIVE AMERICAN BUSINESS INCUBATORS PROGRAM ACT

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Establishment of program.
Sec. 204. Schools to business incubator pipeline.
Sec. 205. Agency partnerships.

  TITLE III--INDIGENOUS PEOPLES EXCHANGE AND ECONOMIC COOPERATION ACT

Sec. 301. Short title.
Sec. 302. Statement of policy.
Sec. 303. Definitions.
Sec. 304. Strategy.
Sec. 305. United States assistance to support indigenous peoples.

            TITLE I--INDIAN ECONOMIC ENHANCEMENT ACT OF 2018

SEC. 101. SHORT TITLE.

  This title may be cited as the ``Indian Community Economic 
Enhancement Act of 2018''.

SEC. 102. 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
          (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) consultation with Indian tribes regarding the 
                policies, programs, assistance, and activities of the 
                offices and agencies.''.
  (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 9; 
        and
          (2) by inserting after section 7 (25 U.S.C. 4306) the 
        following:

``SEC. 8. INDIAN COMMUNITY DEVELOPMENT INITIATIVES.

  ``(a) 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--
                          ``(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) 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) to ensure consultation with Indian tribes regarding 
        increasing investment in Indian communities and the development 
        of the report required in paragraph (5); and
          ``(5) to provide a report to Congress regarding improvements 
        to Indian communities resulting from such initiatives and 
        recommendations for promoting sustained growth of the tribal 
        economies.
  ``(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) 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 on Natural Resources of 
        the House of Representatives a report on the findings of the 
        study and recommendations.
          ``(2) 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, 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.''.

SEC. 103. 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).
  ``(c) Implementation.--In carrying out this section, the Secretaries 
shall--
          ``(1) conduct outreach to Indian industrial entities;
          ``(2) provide training;
          ``(3) 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; and
          ``(4) require procurement management reviews by their 
        respective Departments to include a review of the 
        implementation of this section.''.

SEC. 104. 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--
          (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 by striking 
``803(d)'' each place it appears and inserting ``803(e)''.

       TITLE II--NATIVE AMERICAN BUSINESS INCUBATORS PROGRAM ACT

SEC. 201. SHORT TITLE.

  This title may be cited as the ``Native American Business Incubators 
Program Act''.

SEC. 202. DEFINITIONS.

  In this title:
          (1) Business incubator.--The term ``business incubator'' 
        means an organization that--
                  (A) provides physical workspace and facilities 
                resources to startups and established businesses; and
                  (B) is designed to accelerate the growth and success 
                of businesses through a variety of business support 
                resources and services, including--
                          (i) access to capital, business education, 
                        and counseling;
                          (ii) networking opportunities;
                          (iii) mentorship opportunities; and
                          (iv) other services intended to aid in 
                        developing a business.
          (2) Eligible applicant.--The term ``eligible applicant'' 
        means an applicant eligible to apply for a grant under section 
        203(b).
          (3) 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. 5304).
          (4) Institution of higher education.--The term ``institution 
        of higher education'' has the meaning given the term in section 
        101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
          (5) Native american; native.--The terms ``Native American'' 
        and ``Native'' have the meaning given the term ``Indian'' in 
        section 4 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 5304).
          (6) Native business.--The term ``Native business'' means a 
        business concern that is at least 51-percent owned and 
        controlled by one or more Native Americans.
          (7) Native entrepreneur.--The term ``Native entrepreneur'' 
        means an entrepreneur who is a Native American.
          (8) Program.--The term ``program'' means the program 
        established under section 203(a).
          (9) Reservation.--The term ``reservation'' has the meaning 
        given the term in section 3 of the Indian Financing Act of 1974 
        (25 U.S.C. 1452).
          (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
          (11) Tribal college or university.--The term ``tribal college 
        or university'' has the meaning given the term ``Tribal College 
        or University'' in section 316(b) of the Higher Education Act 
        of 1965 (20 U.S.C. 1059c(b)).

SEC. 203. ESTABLISHMENT OF PROGRAM.

  (a) In General.--The Secretary shall establish a program in the 
Office of Indian Energy and Economic Development's Division of Economic 
Development under which the Secretary shall provide financial 
assistance in the form of competitive grants to eligible applicants for 
the establishment and operation of business incubators that serve 
reservation communities by providing business incubation and other 
business services to Native businesses and Native entrepreneurs.
  (b) Eligible Applicants.--
          (1) In general.--To be eligible to receive a grant under the 
        program, an applicant shall--
                  (A) be--
                          (i) an Indian tribe;
                          (ii) a tribal college or university;
                          (iii) an institution of higher education; or
                          (iv) a private nonprofit organization or 
                        tribal nonprofit organization that--
                                  (I) provides business and financial 
                                technical assistance; and
                                  (II) will commit to serving one or 
                                more reservation communities;
                  (B) be able to provide the physical workspace, 
                equipment, and connectivity necessary for Native 
                businesses and Native entrepreneurs to collaborate and 
                conduct business on a local, regional, national, and 
                international level; and
                  (C) in the case of an entity described in clauses 
                (ii) through (iv) of subparagraph (A), have been 
                operational for not less than 1 year before receiving a 
                grant under the program.
          (2) Joint project.--
                  (A) In general.--Two or more entities may submit a 
                joint application for a project that combines the 
                resources and expertise of those entities at a physical 
                location dedicated to assisting Native businesses and 
                Native entrepreneurs under the program.
                  (B) Contents.--A joint application submitted under 
                subparagraph (A) shall--
                          (i) contain a certification that each 
                        participant of the joint project is one of the 
                        eligible entities described in paragraph 
                        (1)(A); and
                          (ii) demonstrate that together the 
                        participants meet the requirements of 
                        subparagraphs (B) and (C) of paragraph (1).
  (c) Application and Selection Process.--
          (1) Application requirements.--Each eligible applicant 
        desiring a grant under the program shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require, 
        including--
                  (A) a certification that the applicant--
                          (i) is an eligible applicant;
                          (ii) will designate an executive director or 
                        program manager, if such director or manager 
                        has not been designated, to manage the business 
                        incubator; and
                          (iii) agrees--
                                  (I) to a site evaluation by the 
                                Secretary as part of the final 
                                selection process;
                                  (II) to an annual programmatic and 
                                financial examination for the duration 
                                of the grant; and
                                  (III) to the maximum extent 
                                practicable, to remedy any problems 
                                identified pursuant to the site 
                                evaluation under subclause (I) or an 
                                examination under subclause (II);
                  (B) a description of the one or more reservation 
                communities to be served by the business incubator;
                  (C) a 3-year plan that describes--
                          (i) the number of Native businesses and 
                        Native entrepreneurs to be participating in the 
                        business incubator;
                          (ii) whether the business incubator will 
                        focus on a particular type of business or 
                        industry;
                          (iii) a detailed breakdown of the services to 
                        be offered to Native businesses and Native 
                        entrepreneurs participating in the business 
                        incubator; and
                          (iv) a detailed breakdown of the services, if 
                        any, to be offered to Native businesses and 
                        Native entrepreneurs not participating in the 
                        business incubator;
                  (D) information demonstrating the effectiveness and 
                experience of the eligible applicant in--
                          (i) conducting financial, management, and 
                        marketing assistance programs designed to 
                        educate or improve the business skills of 
                        current or prospective businesses;
                          (ii) working in and providing services to 
                        Native American communities;
                          (iii) providing assistance to entities 
                        conducting business in reservation communities;
                          (iv) providing technical assistance under 
                        Federal business and entrepreneurial 
                        development programs for which Native 
                        businesses and Native entrepreneurs are 
                        eligible; and
                          (v) managing finances and staff effectively; 
                        and
                  (E) a site description of the location at which the 
                eligible applicant will provide physical workspace, 
                including a description of the technologies, equipment, 
                and other resources that will be available to Native 
                businesses and Native entrepreneurs participating in 
                the business incubator.
          (2) Evaluation considerations.--
                  (A) In general.--In evaluating each application, the 
                Secretary shall consider--
                          (i) the ability of the eligible applicant--
                                  (I) to operate a business incubator 
                                that effectively imparts 
                                entrepreneurship and business skills to 
                                Native businesses and Native 
                                entrepreneurs, as demonstrated by the 
                                experience and qualifications of the 
                                eligible applicant;
                                  (II) to commence providing services 
                                within a minimum period of time, to be 
                                determined by the Secretary; and
                                  (III) to provide quality incubation 
                                services to a significant number of 
                                Native businesses and Native 
                                entrepreneurs;
                          (ii) the experience of the eligible applicant 
                        in providing services in Native American 
                        communities, including in the one or more 
                        reservation communities described in the 
                        application; and
                          (iii) the proposed location of the business 
                        incubator.
                  (B) Priority.--
                          (i) In general.--In evaluating the proposed 
                        location of the business incubator under 
                        subparagraph (A)(iii), the Secretary shall--
                                  (I) consider the program goal of 
                                achieving broad geographic distribution 
                                of business incubators; and
                                  (II) except as provided in clause 
                                (ii), give priority to eligible 
                                applicants that will provide business 
                                incubation services on or near the 
                                reservation of the one or more 
                                communities that were described in the 
                                application.
                          (ii) Exception.--The Secretary may give 
                        priority to an eligible applicant that is not 
                        located on or near the reservation of the one 
                        or more communities that were described in the 
                        application if the Secretary determines that--
                                  (I) the location of the business 
                                incubator will not prevent the eligible 
                                applicant from providing quality 
                                business incubation services to Native 
                                businesses and Native entrepreneurs 
                                from the one or more reservation 
                                communities to be served; and
                                  (II) siting the business incubator in 
                                the identified location will serve the 
                                interests of the one or more 
                                reservation communities to be served.
          (3) Site evaluation.--
                  (A) In general.--Before making a grant to an eligible 
                applicant, the Secretary shall conduct a site visit, 
                evaluate a video submission, or evaluate a written site 
                proposal (if the applicant is not yet in possession of 
                the site) of the proposed site to ensure the proposed 
                site will permit the eligible applicant to meet the 
                requirements of the program.
                  (B) Written site proposal.--A written site proposal 
                shall meet the requirements described in paragraph 
                (1)(E) and contain--
                          (i) sufficient detail for the Secretary to 
                        ensure in the absence of a site visit or video 
                        submission that the proposed site will permit 
                        the eligible applicant to meet the requirements 
                        of the program; and
                          (ii) a timeline describing when the eligible 
                        applicant will be--
                                  (I) in possession of the proposed 
                                site; and
                                  (II) operating the business incubator 
                                at the proposed site.
                  (C) Followup.--Not later than 1 year after awarding a 
                grant to an eligible applicant that submits an 
                application with a written site proposal, the Secretary 
                shall conduct a site visit or evaluate a video 
                submission of the site to ensure the site is consistent 
                with the written site proposal.
  (d) Administration.--
          (1) Duration.--Each grant awarded under the program shall be 
        for a term of 3 years.
          (2) Payment.--
                  (A) In general.--Except as provided in subparagraph 
                (B), the Secretary shall disburse grant funds awarded 
                to an eligible applicant in annual installments.
                  (B) More frequent disbursements.--On request by the 
                applicant, the Secretary may make disbursements of 
                grant funds more frequently than annually, on the 
                condition that disbursements shall be made not more 
                frequently than quarterly.
          (3) Non-federal contributions for initial assistance.--
                  (A) In general.--Except as provided in subparagraph 
                (B), an eligible applicant that receives a grant under 
                the program shall provide non-Federal contributions in 
                an amount equal to not less than 25 percent of the 
                grant amount disbursed each year.
                  (B) Waiver.--The Secretary may waive, in whole or in 
                part, the requirements of subparagraph (A) with respect 
                to an eligible applicant if, after considering the 
                ability of the eligible applicant to provide non-
                Federal contributions, the Secretary determines that--
                          (i) the proposed business incubator will 
                        provide quality business incubation services; 
                        and
                          (ii) the one or more reservation communities 
                        to be served are unlikely to receive similar 
                        services because of remoteness or other reasons 
                        that inhibit the provision of business and 
                        entrepreneurial development services.
          (4) Renewals.--
                  (A) In general.--The Secretary may renew a grant 
                award under the program for a term not to exceed 3 
                years.
                  (B) Considerations.--In determining whether to renew 
                a grant award, the Secretary shall consider with 
                respect to the eligible applicant--
                          (i) the results of the annual evaluations of 
                        the eligible applicant under subsection (f)(1);
                          (ii) the performance of the business 
                        incubator of the eligible applicant, as 
                        compared to the performance of other business 
                        incubators receiving assistance under the 
                        program;
                          (iii) whether the eligible applicant 
                        continues to be eligible for the program; and
                          (iv) the evaluation considerations for 
                        initial awards under subsection (c)(2).
                  (C) Non-federal contributions for renewals.--An 
                eligible applicant that receives a grant renewal under 
                subparagraph (A) shall provide non-Federal 
                contributions in an amount equal to not less than 33 
                percent of the total amount of the grant.
          (5) No duplicative grants.--An eligible applicant shall not 
        be awarded a grant under the program that is duplicative of 
        existing Federal funding from another source.
  (e) Program Requirements.--
          (1) Use of funds.--An eligible applicant receiving a grant 
        under the program may use grant amounts--
                  (A) to provide physical workspace and facilities for 
                Native businesses and Native entrepreneurs 
                participating in the business incubator;
                  (B) to establish partnerships with other institutions 
                and entities to provide comprehensive business 
                incubation services to Native businesses and Native 
                entrepreneurs participating in the business incubator; 
                and
                  (C) for any other uses typically associated with 
                business incubators that the Secretary determines to be 
                appropriate and consistent with the purposes of the 
                program.
          (2) Minimum requirements.--Each eligible applicant receiving 
        a grant under the program shall--
                  (A) offer culturally tailored incubation services to 
                Native businesses and Native entrepreneurs;
                  (B) use a competitive process for selecting Native 
                businesses and Native entrepreneurs to participate in 
                the business incubator;
                  (C) provide physical workspace that permits Native 
                businesses and Native entrepreneurs to conduct business 
                and collaborate with other Native businesses and Native 
                entrepreneurs;
                  (D) provide entrepreneurship and business skills 
                training and education to Native businesses and Native 
                entrepreneurs including--
                          (i) financial education, including training 
                        and counseling in--
                                  (I) applying for and securing 
                                business credit and investment capital;
                                  (II) preparing and presenting 
                                financial statements; and
                                  (III) managing cash flow and other 
                                financial operations of a business;
                          (ii) management education, including training 
                        and counseling in planning, organization, 
                        staffing, directing, and controlling each major 
                        activity or function of a business or startup; 
                        and
                          (iii) marketing education, including training 
                        and counseling in--
                                  (I) identifying and segmenting 
                                domestic and international market 
                                opportunities;
                                  (II) preparing and executing 
                                marketing plans;
                                  (III) locating contract 
                                opportunities;
                                  (IV) negotiating contracts; and
                                  (V) using varying public relations 
                                and advertising techniques;
                  (E) provide direct mentorship or assistance finding 
                mentors in the industry in which the Native business or 
                Native entrepreneur operates or intends to operate; and
                  (F) provide access to networks of potential 
                investors, professionals in the same or similar fields, 
                and other business owners with similar businesses.
          (3) Technology.--Each eligible applicant shall leverage 
        technology to the maximum extent practicable to provide Native 
        businesses and Native entrepreneurs with access to the 
        connectivity tools needed to compete and thrive in 21st-century 
        markets.
  (f) Oversight.--
          (1) Annual evaluations.--Not later than 1 year after the date 
        on which the Secretary awards a grant to an eligible applicant 
        under the program, and annually thereafter for the duration of 
        the grant, the Secretary shall conduct an evaluation of the 
        eligible applicant, which shall--
                  (A) describe the performance of the eligible 
                applicant; and
                  (B) be used in determining the ongoing eligibility of 
                the eligible applicant.
          (2) Annual report.--
                  (A) In general.--Not later than 1 year after the date 
                on which the Secretary awards a grant to an eligible 
                applicant under the program, and annually thereafter 
                for the duration of the grant, each eligible applicant 
                receiving an award under the program shall submit to 
                the Secretary a report describing the services the 
                eligible applicant provided under the program during 
                the preceding year.
                  (B) Report content.--The report described in 
                subparagraph (A) shall include--
                          (i) a detailed breakdown of the Native 
                        businesses and Native entrepreneurs receiving 
                        services from the business incubator, 
                        including, for the year covered by the report--
                                  (I) the number of Native businesses 
                                and Native entrepreneurs participating 
                                in or receiving services from the 
                                business incubator and the types of 
                                services provided to those Native 
                                businesses and Native entrepreneurs;
                                  (II) the number of Native businesses 
                                and Native entrepreneurs established 
                                and jobs created or maintained; and
                                  (III) the performance of Native 
                                businesses and Native entrepreneurs 
                                while participating in the business 
                                incubator and after graduation or 
                                departure from the business incubator; 
                                and
                          (ii) any other information the Secretary may 
                        require to evaluate the performance of a 
                        business incubator to ensure appropriate 
                        implementation of the program.
                  (C) Limitations.--To the maximum extent practicable, 
                the Secretary shall not require an eligible applicant 
                to report under subparagraph (A) information provided 
                to the Secretary by the eligible applicant under other 
                programs.
                  (D) Coordination.--The Secretary shall coordinate 
                with the heads of other Federal agencies to ensure 
                that, to the maximum extent practicable, the report 
                content and form under subparagraphs (A) and (B) are 
                consistent with other reporting requirements for 
                Federal programs that provide business and 
                entrepreneurial assistance.

SEC. 204. SCHOOLS TO BUSINESS INCUBATOR PIPELINE.

  The Secretary shall facilitate the establishment of relationships 
between eligible applicants receiving funds through the program and 
educational institutions serving Native American communities, including 
tribal colleges and universities.

SEC. 205. AGENCY PARTNERSHIPS.

  The Secretary shall coordinate with the Secretary of Agriculture, the 
Secretary of Commerce, the Secretary of the Treasury, and the 
Administrator of the Small Business Administration to ensure, to the 
maximum extent practicable, that business incubators receiving grant 
funds under the program have the information and materials needed to 
provide Native businesses and Native entrepreneurs with the information 
and assistance necessary to apply for business and entrepreneurial 
development programs administered by the Department of Agriculture, the 
Department of Commerce, the Department of the Treasury, and the Small 
Business Administration.

  TITLE III--INDIGENOUS PEOPLES EXCHANGE AND ECONOMIC COOPERATION ACT

SEC. 301. SHORT TITLE.

  This title may be cited as the ``Indigenous Peoples Exchange and 
Economic Cooperation Act''.

SEC. 302. STATEMENT OF POLICY.

  It shall be the policy of the United States to facilitate contacts 
and cooperation, including commercial relationships, between Native 
American tribes and indigenous peoples in the Western Hemisphere.

SEC. 303. DEFINITIONS.

  In this title:
          (1) Native american tribes.--The term ``Native American 
        tribe'' means any federally recognized tribe.
          (2) Indigenous peoples.--The term ``indigenous peoples'' 
        means peoples residing in foreign countries in the Western 
        Hemisphere who have historical ties to a particular territory 
        and are culturally or historically distinct from the 
        politically dominant population.

SEC. 304. STRATEGY.

  (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall submit to the appropriate 
congressional committees a strategy, in consultation with the 
individuals listed in subsection (b), to promote and facilitate--
          (1) cross-investments between Native American tribes and 
        indigenous peoples in tribal businesses and commercial 
        enterprises that involve indigenous peoples, such as 
        sustainable natural resource management, agricultural 
        development, or handicraft production; and
          (2) the development of supply chains for United States 
        entities that include products produced by Native American 
        tribes and indigenous peoples.
  (b) Consultation Required.--The individuals listed in this subsection 
are the following:
          (1) The Secretary of Commerce.
          (2) The Secretary of State.
          (3) The Secretary of the Interior.
          (4) The United States Trade Representative.
          (5) The Administrator and the Advisor for Indigenous Peoples 
        Issues of the United States Agency for International 
        Development.
          (6) The President of the Overseas Private Investment 
        Corporation.
          (7) The Chief Executive Officer of the Millennium Challenge 
        Corporation.
          (8) The President of the Inter-American Foundation.
          (9) Representatives of Native American tribes.
          (10) Representatives of civil society organizations 
        advocating for the rights or interests of indigenous peoples.
  (c) Appropriate Congressional Committees.--In this section, the term 
``appropriate congressional committees'' means--
          (1) the Committee on Foreign Affairs and the Committee on 
        Natural Resources of the House of Representatives; and
          (2) the Committee on Foreign Relations, the Committee on 
        Energy and Natural Resources, and the Committee on Indian 
        Affairs of the Senate.

SEC. 305. UNITED STATES ASSISTANCE TO SUPPORT INDIGENOUS PEOPLES.

  In order to improve the capacity of indigenous peoples to engage in 
and benefit from increased trade and investment relationships, the 
Secretary of State shall--
          (1) consult with--
                  (A) the Administrator of the United States Agency for 
                International Development; and
                  (B) representatives of civil society organizations, 
                especially organizations comprised of or representing 
                the interests of indigenous peoples; and
          (2) provide assistance to countries in the Western Hemisphere 
        in a manner that promotes and facilitates entrepreneurship 
        among indigenous peoples--
                  (A) by strengthening the capacity of civil society 
                organizations and local governments; and
                  (B) by supporting projects involving sustainable 
                natural resource management, agricultural development, 
                and handicraft production.

                          Purpose of the Bill

    The purpose of H.R. 4506 is to provide incentives to 
encourage tribal job creation and economic activity.

                  Background and Need for Legislation

    Title I of H.R. 4506 would amend the Native American 
Business Development, Trade Promotion, and Tourism Act of 
2000,\1\ the Buy Indian Act,\2\ and the Native Programs Act of 
1974\3\ to increase access to capital for Indian tribes and 
businesses. Title II would establish within the Department of 
the Interior a ``business incubator'' program to promote 
entrepreneurship and economic development on Indian 
reservations. Title II would also require the Department of the 
Interior to coordinate its business incubator activities with 
other federal agencies to promote Native American business 
development. Title III would direct the Secretary of State to 
aid countries in the Western Hemisphere to promote and 
facilitate entrepreneurship among their indigenous peoples by 
strengthening the capacity of civil society organizations and 
local governments, and supporting projects involving 
sustainable natural resource management, agricultural 
development, and handicraft production.
---------------------------------------------------------------------------
    \1\25 U.S.C. 4301 et seq.
    \2\25 U.S.C. 47.
    \3\42 U.S.C. 2991 et seq.
---------------------------------------------------------------------------
    For decades, Native American\4\ communities have struggled 
with a wide array of difficulties relating to economic 
development on their land, including poor access to capital, 
remote and rural locations, and degradation of the local 
infrastructure. Only around half of all Native Americans (16 or 
older) residing on or near tribal communities have jobs, and a 
quarter of Native families earn an income that is below the 
federal poverty line.\5\
---------------------------------------------------------------------------
    \4\In this report, the terms ``Native American,'' ``Native'' and 
``Indian'' are used interchangeably.
    \5\2013 American Indian Population and Labor Force Report, 
Department of the Interior.
---------------------------------------------------------------------------
    Today, approximately 56 million acres of land are held in 
trust by the United States (through the Department of the 
Interior) for the benefit of individual Indians and Indian 
tribes.\6\ Many of these lands are in remote areas, and none 
may be leased for business, agriculture, and mineral uses 
without the approval of the Secretary of the Interior. Trust 
land is generally a prerequisite for a tribe to conduct 
gambling under the Indian Gaming Regulatory Act.\7\
---------------------------------------------------------------------------
    \6\http://nationalmap.gov/small--scale/mld/indlanp.html
    \7\25 U.S.C. 2701 et seq.
---------------------------------------------------------------------------
    The economies of Indian reservations in remote areas, where 
casinos may be a break-even proposition at best, suffer from 
great poverty. Many reservations and other Indian communities 
lack grocery stores, retail outlets, or banks. Residents may 
have to travel great distances (sometimes up to a two-hour 
drive) to buy groceries or go to a bank, while spending their 
disposable income on purchases off the reservation. Tribes have 
sought to keep dollars on their reservations to create 
sustainable economies, but they face a variety of challenges:
           Federal Approval. Tribes and individual 
        Indians may not lease their trust land without the 
        permission of the Secretary of the Interior (this 
        problem is not directly addressed by H.R. 4506).
           Legal Systems and Infrastructure. To attract 
        businesses to the reservations, tribal governments need 
        to provide business-friendly laws and independent court 
        systems. Companies and investors, Indian and non-Indian 
        alike, rely on governments to ensure fair competition, 
        maintain law and order, and create laws and judicial 
        systems that help enforce contracts and property 
        rights. Not all tribal governments have enacted the 
        kinds of business and commercial codes that businesses 
        and banks need before they will locate and operate on 
        reservations. Additionally, many components of tribal 
        infrastructure need significant repair or replacement.
           Access to Capital. In many Native American 
        communities, there is a lack of equity resources, such 
        as home equity or intergenerational family assets. 
        Likewise, trust land cannot be used as collateral, so 
        access to capital is complicated further in Indian 
        Country. Even if access to private capital is 
        available, it may come at a higher cost.
           Remote Locations. The remoteness of many 
        Indian communities diminishes the possibility of 
        building commercial markets for goods and services or 
        developing many types of industrial or manufacturing 
        economies.
           Sovereign Immunity. Under a legal doctrine 
        developed by federal courts, Indian tribes enjoy 
        sovereign immunity against States and private citizens. 
        Such sovereign immunity exists on and off an Indian 
        reservation. A tribe may not be sued unless its 
        sovereign immunity is waived by the tribe or by 
        Congress, which has not debated this issue in many 
        years. Tribes consider sovereign immunity a valid 
        exercise of self-governance which promotes economic 
        development. Developers or investors unfamiliar with a 
        tribe's use of sovereign immunity may be reluctant to 
        engage in business ventures with it.
    In recent years, Congress has enacted laws to grant tribes 
stronger, more comprehensive control over business, 
agricultural, and residential leasing of tribal lands. One 
example is the Helping Expedite and Advance Responsible Tribal 
Home Ownership Act of 2012, or the HEARTH Act.\8\ Congress has 
also enacted multiple laws to assist these communities in 
obtaining access to capital in the forms of loan guarantees, 
procurement programs, and community development financial 
institutions (CDFI). One of these laws, the Native American 
Business Development, Trade Promotion, and Tourism Act of 
2000,\9\ assists tribes with business development and in 
ensuring tribal businesses follow all legal and regulatory 
requirements, among other things.
---------------------------------------------------------------------------
    \8\Public Law 112-151, 25 U.S.C. 415.
    \9\25 U.S.C. 4301 et seq.
---------------------------------------------------------------------------
    While Congress has attempted to alleviate challenges 
experienced by tribal businesses, various challenges remain. As 
mentioned previously, many Indian reservations and communities 
are in predominantly rural, remote locations, and enticing 
entrepreneurs to fund and support businesses in these areas can 
be difficult.
    Title II of H.R. 4506 is premised on the idea that federal 
grant programs supporting business incubators are uniquely able 
to support tribal businesses in ways that broad legislation 
cannot, as incubators can be tailored to fit the needs of the 
various regions where tribal businesses exist. By offering 
services that range from workplace enhancement, comprehensive 
skills training, and networking assistance, business incubators 
have been a reliable and consistent solution to the many 
problems that continue to plague Indian Country.

Section-by-Section Analysis of Major Provisions of the Bill as Reported


            TITLE I--INDIAN ECONOMIC ENHANCEMENT ACT OF 2018

Sec. 102. Native American Business Development, Trade Promotion, and 
        Tourism Act of 2000

     Amends current law to enhance the Office of Native 
American Business Development (ONABD) by establishing a budget, 
having the Director report directly to the Secretary of 
Commerce, and augmenting the Director's duties, including: (1) 
advising the Department of Commerce regarding the relationship 
between the United States and Indian tribes; and (2) serving as 
the point of contact for tribes, tribal organizations, and 
members of tribes regarding economic development and doing 
business in Indian lands.
     The ONABD, the Office of the Assistant Secretary 
for Indian Affairs, and the Community Development Financial 
Institutions (CDFI) fund must coordinate to support economic 
development in Native American communities.
     Waives a matching funds requirement in a CDFI 
assistance program benefiting Native American community 
development.
     Government Accountability Office must conduct a 
study that assesses: (1) current programs and services that 
assist Native American communities with business and economic 
development; (2) assistance provided to Native Americans 
pursuant to loan, bond, and tax incentive programs; and (3) 
alternative incentives for tribal governments to invest in a 
Native American community development investment fund or bank.

Sec. 103. Buy Indian Act

     Amends the Buy Indian Act to require the 
Departments of the Interior and Health and Human Services to 
use Native American labor and purchase Native American industry 
products when applicable and unless impracticable and 
unreasonable.

Sec. 104. Native American Programs Act of 1974

     Amends the Native American Programs Act of 1974 to 
permit the Administration for Native Americans to award 
competitive economic development grant assistance to certain 
Native American CDFIs and to prioritize grants to develop 
tribal codes, court systems or master plans relating to 
economic development.

       TITLE II--NATIVE AMERICAN BUSINESS INCUBATORS PROGRAM ACT

Sec. 203. Establishment of program

     Requires the Department of the Interior to 
establish a grant program in the Office of Indian Energy and 
Economic Development's Division of Economic Development for 
establishing and operating business incubators that serve 
Native American communities. A business incubator is an 
organization that: (1) provides physical workspace and 
facilities resources to startups and established businesses; 
and (2) is designed to accelerate the growth and success of 
businesses through a variety of business support resources and 
services. Grant applicants may be institutions of higher 
education, private nonprofits, Native American tribes or tribal 
nonprofits.

Sec. 204. Schools to business incubator pipeline

     The Secretary of the Interior must facilitate the 
establishment of relationships between grant recipients and 
educational institutions serving Native American communities.

Sec. 205. Agency partnerships

     Directs the Secretary of the Interior to 
coordinate with the Secretary of Agriculture, Secretary of 
Commerce, Secretary of Treasury and the Administrator of the 
Small Business Administration to ensure that business 
incubators receiving grant funds under the program have the 
information and materials they need to apply for each agency's 
business and entrepreneurial development programs.

  TITLE III--INDIGENOUS PEOPLES EXCHANGE AND ECONOMIC COOPERATION ACT

Sec. 304. Strategy

     Requires the President to develop a strategy to 
promote and facilitate cross-investments between Native 
American tribes and indigenous peoples in tribal businesses and 
commercial enterprises that involve indigenous peoples, such as 
sustainable natural resource management, agricultural 
development and handicraft production.

Sec. 305. United States assistance to support indigenous peoples

     Directs the Secretary of State to assist countries 
in the Western Hemisphere in a manner that promotes and 
facilitates entrepreneurship among indigenous peoples by 
strengthening the capacity of civil society organizations and 
local governments, and supporting projects involving 
sustainable natural resource management, agricultural 
development and handicraft production.

                            Committee Action

    H.R. 4506 was introduced on November 30, 2017, by 
Congresswoman Norma J. Torres (D-CA). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on Indian, Insular and Alaska Native Affairs. 
Additionally, the bill was referred to the Committee on Foreign 
Affairs and the Committee on Education and the Workforce. On 
February 6, 2018, the Indian, Insular, and Alaska Native 
Affairs Subcommittee held a hearing on the bill. On January 17, 
2018, the Subcommittee on Indian, Insular and Alaska Native 
Affairs held a hearing on the bill. On May 8, 2018, the Natural 
Resources Committee met to consider the bill. The Subcommittee 
was discharged by unanimous consent. Congressman Raul M. 
Grijalva (D-AZ) offered an amendment designated 087; it was 
adopted by unanimous consent. No additional amendments were 
offered and the bill, as amended, was ordered favorably 
reported to the House of Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of Rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 10, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4506, the Jobs for 
Tribes Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                             Mark P. Hadley
                                         (For Keith Hall, Director)
    Enclosure.

H.R. 4506--Jobs for Tribes Act

    Summary: H.R. 4506 would authorize and amend several 
programs across the government to encourage job creation and 
economic activity within Indian communities. The bill would 
create programs within the Department of Commerce (DOC), Bureau 
of Indian Affairs (BIA), Department of State, and Department of 
Health and Human Services.
    CBO estimates that implementing H.R. 4506 would cost $46 
million over the 2019-2023 period, assuming appropriation of 
the necessary amounts.
    Enacting H.R. 4506 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 4506 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    H.R. 4506 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of H.R. 4506 is shown in the following table. 
The costs of the legislation fall within budget functions 450 
(community and regional development) and 150 (international 
affairs).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2019     2020     2021     2022     2023   2019-2023
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Department of Commerce:
    Estimated Authorization Level.......................        4        4        4        4        4        20
    Estimated Outlays...................................        3        4        4        4        4        19
Bureau of Indian Affairs:
    Estimated Authorization Level.......................        7        7        8        8        8        38
    Estimated Outlays...................................        2        4        6        7        8        27
Total Changes:
    Estimated Authorization Level.......................       11       11       12       12       12        58
    Estimated Outlays...................................        5        8       10       11       12        46
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes H.R. 4506 
will be enacted near the end of 2018 and that the necessary 
amounts will be appropriated for each year beginning in 2019. 
Estimated outlays are based on historical spending patterns for 
similar programs.

Department of Commerce

    Section 103 would reorganize the Office of Native American 
Business Development (ONABD) within DOC. That office would be 
required to serve as the liaison between DOC and Indian tribes. 
Current law authorizes the annual appropriation of whatever 
amounts are necessary for ONABD operations; however, no funds 
have been specifically appropriated for such purposes since 
ONABD was originally authorized.
    Using information from DOC, CBO estimates that implementing 
this section would cost $19 million over the 2019-2023 period. 
That spending would cover the costs of a Washington, D.C. based 
director for the office and support staff along with four small 
regional offices.

Bureau of Indian Affairs

    Title II would authorize a grant program to aid development 
of Native American businesses. The program would be managed by 
BIA and would involve providing physical workplaces, business 
skills training, and access to networks of potential investors, 
among other services. All grants would be awarded for three-
year periods and could be renewed for additional three-year 
terms.
    Using information on the cost of a similar program 
previously run by the Small Business Administration and 
accounting for anticipated inflation, CBO estimates that 
implementing the program would cost $27 million over the 2019-
2023 period.

Other agencies

    Section 305 would authorize the Department of State to 
provide foreign assistance to facilitate entrepreneurship among 
indigenous peoples in countries of the Western Hemisphere. The 
department and the U.S. Agency for International Development 
currently provide such assistance in several countries, 
including Colombia, Brazil, Peru, Guatemala, and Paraguay. 
Although they could increase the amount of that assistance 
under the bill, CBO has no basis for estimating any such 
increase.
    Section 105 would amend the Native American Programs Act of 
1974 to slightly expand the number of institutions eligible for 
social and economic development grants under that act and to 
prioritize financial and technical assistance for applicants 
that seek assistance for certain types of community and 
economic development. The authorization of appropriations for 
the social and economic development grant programs under the 
Native American Programs Act of 1974 expired at the end of 
fiscal year 2002. However, the Congress has continued to 
appropriate funds for those programs, including about $34 
million in 2018. The bill would not reauthorize those programs, 
and CB0 estimates that implementing section 105 would have no 
significant budgetary effects.
    Pay-As-You-Go considerations: None.
    Increase in long-term direct spending and deficits: CBO 
estimates that enacting H.R. 4506 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2029.
    Mandates: H.R. 4506 contains no intergovernmental or 
private-sector mandates as defined in UMRA. Tribal governments 
would benefit from grants established in the bill to support 
the growth of Native American businesses and Native American 
entrepreneurs. Any costs to tribal governments would result 
from complying with conditions of assistance.
    Previous CBO estimates: Portions of H.R. 4506 are similar 
to other pieces of legislation for which CBO has published 
estimates:
           On June 22, 2017, CBO transmitted a cost 
        estimate for S. 1116, the Indian Community Economic 
        Enhancement Act of 2017, as ordered reported by the 
        Senate Committee on Indian Affairs on May 17, 2017. 
        Title I of H.R. 4506 is similar to S. 1116. Differences 
        in CBO's estimates reflect differences in the 
        authorization language in the two pieces of 
        legislation.
           On April 21, 2017, CBO transmitted a cost 
        estimate for S. 607, the Native American Business 
        Incubators Program Act, as ordered reported by the 
        Senate Committee on Indian Affairs on March 29, 2017. 
        Title II of H.R. 4506 is similar to S. 607. Differences 
        in CBO's estimates reflect differences in the 
        authorization language in the two pieces of 
        legislation.
    Estimate prepared by: Federal Costs: Sunita D'Monte 
(Department of State), Jennifer Gray (Department of Health and 
Human Services), Robert Reese (Other Agencies), Mandates: Zach 
Byrum.
    Estimate reviewed by: Kim P. Cawley, Chief, Natural and 
Physical Cost Estimates Unit, Sheila Dacey, Chief, Income 
Security and Education Cost Estimates Unit; David Newman, 
Chief, Defense, International Affairs, and Veterans' Affairs 
Cost Estimates Unit; H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to provide incentives to encourage 
tribal job creation and economic activity.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

NATIVE AMERICAN BUSINESS DEVELOPMENT, TRADE PROMOTION, AND TOURISM ACT 
                                OF 2000




           *       *       *       *       *       *       *
SEC. 2. FINDINGS; PURPOSES.

  (a) 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 President has reaffirmed the special 
        government-to-government relationship between Indian 
        tribes and the United States;
          (3) in 1994, President Clinton issued an Executive 
        memorandum to the heads of departments and agencies 
        that obligated 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 
        sovereignty 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 enforcement 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 treaties, 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 
        preserve 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 value to self-determination, self-
        reliance, and independence, Native Americans suffer 
        higher rates of unemployment, poverty, 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 
        opportunities in the communities referred to in 
        paragraph (7) has resulted in a multigenerational 
        dependence on Federal assistance 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 governing bodies of 
        Indian tribes.
          (6) To promote economic self-sufficiency and 
        political self-determination for Indian tribes and 
        members of Indian tribes.
  (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).

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Director.--The term ``Director'' means the 
        Director of Native American Business Development 
        appointed pursuant to section 4(a)(2).
          [(1)] (2) Eligible entity.--The term ``eligible 
        entity'' means an Indian tribe or tribal organization, 
        an Indian arts and crafts 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)] (3) 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)] (4) 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)] (5) 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)] (6) 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)] (7) 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)).
          (8) Office.--The term ``Office'' means the Office of 
        Native American Business Development established by 
        section 4(a)(1).
          [(7)] (9) Secretary.--The term ``Secretary'' means 
        the Secretary of Commerce.
          [(8)] (10) Tribal enterprise.--The term ``tribal 
        enterprise'' means a commercial activity or business 
        managed or controlled by an Indian tribe.
          [(9)] (11) Tribal organization.--The term ``tribal 
        organization'' has the meaning given that term in 
        section 4(l) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b(l)).

SEC. 4. OFFICE OF NATIVE AMERICAN BUSINESS DEVELOPMENT.

  (a) In General.--
          (1) Establishment.--There is established within the 
        [Department of Commerce] Office of the Secretary 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 assistance, 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 responsibilities.
          (3) Activities.--In carrying 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 appropriate markets; and
                  (H) any other activity that the Secretary, in 
                consultation 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 regulatory practices; and
                  (B) such other assistance as the Secretary, 
                in consultation with the Director, determines 
                to be necessary for the development of business 
                opportunities for eligible entities to enhance 
                the economies of Indian tribes.
          (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.).
  (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) consultation with Indian tribes regarding 
                the policies, programs, assistance, and 
                activities of the offices and agencies.

           *       *       *       *       *       *       *


SEC. 8. INDIAN COMMUNITY DEVELOPMENT INITIATIVES.

  (a) 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--
                          (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) 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) to ensure consultation with Indian tribes 
        regarding increasing investment in Indian communities 
        and the development of the report required in paragraph 
        (5); and
          (5) to provide a report to Congress regarding 
        improvements to Indian communities resulting from such 
        initiatives and recommendations for promoting sustained 
        growth of the tribal economies.
  (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) 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 on Natural Resources of the House of 
        Representatives a report on the findings of the study 
        and recommendations.
          (2) 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, 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.

SEC. [8.]  9. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated such sums as are 
necessary to carry out this Act, to remain available until 
expended.
                              ----------                              


                 SECTION 23 OF THE ACT OF JUNE 25, 1910


  [Sec. 23. So far as may be practicable Indian labor shall be 
employed, and purchases of the products (including, but not 
limited to printing, notwithstanding any other law). of Indian 
industry may be made in open market in the discretion of the 
Secretary of the Interior. All Acts and parts of Acts in 
conflict with the provisions of this section are hereby 
repealed. Participation in the Mentor-Protege Program 
established under section 831 of the National Defense 
Authorization Act for Fiscal Year 1991 (10 U.S.C. 2301 note) or 
receipt of assistance pursuant to any developmental assistance 
agreement authorized under such program shall not render Indian 
labor or Indian industry ineligible to receive any assistance 
authorized under this section. For the purposes of this 
section--
          [(1) no determination of affiliation or control 
        (either direct or indirect) may be found between a 
        protege firm and its mentor firm on the basis that the 
        mentor firm has agreed to furnish (or has furnished) to 
        its protege firm pursuant to a mentor-protege agreement 
        any form of developmental assistance described in 
        subsection (f) of section 831 of the National Defense 
        Authorization Act for Fiscal Year 1991 (10 U.S.C. 2301 
        note); and
          [(2) the terms ``protege firm'' and ``mentor firm'' 
        have the meaning given such terms in subsection (c) of 
        such section 831.]

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).
  (c) Implementation.--In carrying out this section, the 
Secretaries shall--
          (1) conduct outreach to Indian industrial entities;
          (2) provide training;
          (3) 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; and
          (4) require procurement management reviews by their 
        respective Departments to include a review of the 
        implementation of this section.
                              ----------                              


                  NATIVE AMERICAN PROGRAMS ACT OF 1974


TITLE VIII--NATIVE AMERICAN PROGRAMS

           *       *       *       *       *       *       *



           financial assistance for native american projects

  Sec. 803. (a) The Commissioner is authorized to provide 
financial assistance, on a single year or multiyear basis, to 
public and nonprofit private agencies, including but not 
limited to, governing bodies of Indian tribes on Federal and 
State reservations, Alaska Native villages and regional 
corporations established by the Alaska Native Claims Settlement 
Act, and such public and nonprofit private agencies serving 
Native Hawaiians, and Indian and Alaska Native organizations in 
urban or rural areas that are not Indian reservations or Alaska 
Native villages, for project pertaining to the purposes of this 
title. The Commissioner is authorized to provide financial 
assistance to public and nonprofit private agencies serving 
other Native American Pacific Islanders (including American 
Samoan Natives) for projects pertaining to the purposes of this 
Act. In determining the projects to be assisted under this 
title, the Commissioner shall consult with other Federal 
agencies for the purpose of eliminating duplication or conflict 
among similar activities or project and for the purpose of 
determining whether the findings resulting from those projects 
may be incorporated into one or more programs for which those 
agencies are responsible. Every determination made with respect 
to a request for financial assistance under this section shall 
be made without regard to whether the agency making such 
request serves, or the project to be assisted is for the 
benefit of, Indians who are not members of a federally 
recognized tribe. To the greatest extent practicable, the 
Commissioner shall ensure that each project to be assisted 
under this title is consistent with the priorities established 
by the agency which receives such assistance.
  (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)] (c) Financial assistance extended to an agency under 
this title shall not exceed 80 per centum of the approved costs 
of the assisted project, except that the Commissioner may 
approve assistance in excess of such percentage if the 
Commissioner determines, in accordance with regulations 
establishing objective criteria, that such action required in 
furtherance of the purposes of this title. Non-Federal 
contributions may be in cash or in kind, fairly evaluated, 
including but not limited to plant, equipment, and services. 
The Commissioner shall not require non-Federal contributions in 
excess of 20 per centum of the approved cost of programs or 
activities assisted under this title.
  [(c)] (d)(1) No project shall be approved for assistance 
under this title unless the Commissioner is satisfied that the 
activities to be carried out under such project will be in 
addition to, and not in substitution for, comparable activities 
previously carried out without Federal assistance, except that 
the Commissioner may waive this requirement in any case in 
which the Commissioner determines, in accordance with 
regulations establishing objective criteria, that application 
of the requirement would result in unnecessary hardship or 
otherwise be inconsistent with the purposes of this title.
  (2) No project may be disapproved for assistance under this 
title solely because the agency requesting such assistance is 
an Indian organization in a nonreservation area or serves 
Indians in a nonreservation area.
  [(d)] (e)(1) The Commissioner shall award grants to Indian 
tribes for the purpose of funding 80 percent of the costs of 
planning, developing, and implementing programs designed to 
improve the capability of the governing body of the Indian 
tribe to regulate environmental quality pursuant to Federal and 
tribal environmental laws.
  (2) The purposes for which funds provided under any grant 
awarded under paragraph (1) may be used include, but are not 
limited to--
          (A) the training and education of employees 
        responsible for enforcing, or monitoring compliance 
        with, environmental quality laws,
          (B) the development of tribal laws on environmental 
        quality, and
          (C) the enforcement and monitoring of environmental 
        quality laws.
  (3) The 20 percent of the costs of planning, developing, and 
implementing a program for which a grant is awarded under 
paragraph (1) that are not to be paid from such grant may be 
paid by the grant recipient in cash or through the provision of 
property or services, but only to the extent that such cash or 
property is from any source (including any Federal agency) 
other than a program, contract, or grant authorized under this 
title.
  (4) Grants shall be awarded under paragraph (1) on the basis 
of applications that are submitted by Indian tribes to the 
Commissioner in such form as the Commissioner shall prescribe.

           *       *       *       *       *       *       *


                   TECHNICAL ASSISTANCE AND TRAINING

  Sec. 804. [The Commissioner] (a)  In General._The 
Commissioner  shall provide, directly or through other 
arrangements--
          (1) technical assistance to the public and private 
        agencies in planning, developing, conducting, and 
        administering projects under this title;
          (2) short-term in-service training for specialized or 
        other personnel that is needed in connection with 
        projects receiving financial assistance under this 
        title; and
          (3) upon denial of a grant application, technical 
        assistance to a potential grantee in revising a grant 
        proposal.
  (b) Priority.--In providing assistance under subsection (a), 
the Commissioner shall give priority to any application 
described in section 803(b)(2).

           *       *       *       *       *       *       *


                    authorization of appropriations

  Sec. 816. (a) There are authorized to be appropriated for the 
purpose of carrying out the provisions of this title (other 
than sections [803(d)] 803(e), 803A, 803C, 804, subsection (e) 
of this section, and any other provision of this title for 
which there is an express authorization of appropriations), 
such sums as may be necessary for each of fiscal years 1999, 
2000, 2001, and 2002.
  (b) Not less than 90 per centum of the funds made available 
to carry out the provisions of this title (other than sections 
[803(d)] 803(e), 803A, 803C, 804, subsection (e) of this 
section, and any other provision of this title for which there 
is an express authorization of appropriations) for a fiscal 
year shall be expended to carry out section 803(a) for such 
fiscal year.
  (c) There is authorized to be appropriated $8,000,000 for 
each of fiscal years 1999, 2000, 2001, and 2002, for the 
purpose of carrying out the provisions of section [803(d)] 
803(e).
  (d)(1) For fiscal year 1994, there are authorized to be 
appropriated such sums as may be necessary for the purpose of--
          (A) establishing demonstration projects to conduct 
        research related to Native American studies and Indian 
        policy development; and
          (B) continuing the development of a detailed plan, 
        based in part on the results of the projects, for the 
        establishment of a National Center for Native American 
        Studies and Indian Policy Development.
  (2) Such a plan shall be delivered to the Congress not later 
than 30 days after the date of enactment of this subsection.
  (e) There are authorized to be appropriated to carry out 
section 803C such sums as may be necessary for each of fiscal 
years 2008, 2009, 2010, 2011, and 2012.

           *       *       *       *       *       *       *