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Pub.L. 106-465 To authorize the Secretary of the Interior to establish the Sand Creek Massacre National Historic Site in the State of Colorado. <> ...


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[[Page 2011]]

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

[[Page 114 STAT. 2012]]

Public Law 106-464
106th Congress

                                 An Act


 
   To provide for business development and trade promotion for Native 
 Americans, and for other purposes. <<NOTE: Nov. 7, 2000 -  [S. 2719]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Native American 
Business Development, Trade Promotion, and Tourism Act of 2000.>> 

SECTION 1. SHORT TITLE. <<NOTE: 25 USC 4301 note.>> 

    This Act may be cited as the ``Native American Business Development, 
Trade Promotion, and Tourism Act of 2000''.

SEC. 2. FINDINGS; PURPOSES. <<NOTE: 25 USC 4301.>> 

    (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

[[Page 114 STAT. 2013]]

        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.

SEC. 3. DEFINITIONS. <<NOTE: 25 USC 4302.>> 

    In this Act:
            (1) Eligible entity.--The term ``eligible entity'' means an 
        Indian tribe or tribal organization, an Indian arts and crafts

[[Page 114 STAT. 2014]]

        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) 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) 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) 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) 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) 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)).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (8) Tribal enterprise.--The term ``tribal enterprise'' means 
        a commercial activity or business managed or controlled by an 
        Indian tribe.
            (9) 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)).

[[Page 114 STAT. 2015]]

SEC. 4. OFFICE OF NATIVE AMERICAN BUSINESS DEVELOPMENT. <<NOTE: 25 USC 
            4303.>> 

    (a) In General.--
            (1) Establishment.--There is established within the 
        Department of Commerce 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.

[[Page 114 STAT. 2016]]

            (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.).

SEC. 5. NATIVE AMERICAN TRADE AND EXPORT PROMOTION. <<NOTE: 25 USC 
            4304.>> 

    (a) In General.--The Secretary, acting through the Director, shall 
carry out a Native American export and trade promotion program (referred 
to in this section as the ``program'').
    (b) Coordination of Federal Programs and Services.--In carrying out 
the program, the Secretary, acting through the Director, and in 
cooperation with the heads of appropriate Federal agencies, shall ensure 
the coordination of Federal programs and services designed to--
            (1) develop the economies of Indian tribes; and
            (2) stimulate the demand for Indian goods and services that 
        are available from eligible entities.

    (c) Activities.--In carrying out the duties described in subsection 
(b), the Secretary, acting through the Director, shall ensure the 
coordination of, or, as appropriate, carry out--
            (1) Federal programs designed to provide technical or 
        financial assistance to eligible entities;
            (2) the development of promotional materials;
            (3) the financing of appropriate trade missions;
            (4) the marketing of Indian goods and services;
            (5) the participation of appropriate Federal agencies or 
        eligible entities in international trade fairs; and
            (6) any other activity related to the development of markets 
        for Indian goods and services.

    (d) Technical Assistance.--In conjunction with the activities 
described in subsection (c), the Secretary, acting through the Director, 

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