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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.
* * * * * * *