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S. 271 (pcs) To provide for education flexibility partnerships. [Placed on Calendar Senate] ...
Calendar No. 630 106th CONGRESS 2d Session S. 2719 To provide for business development and trade promotion for Native Americans, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 13, 2000 Mr. Campbell (for himself, Mr. Hatch, Mr. Inouye, and Mr. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs June 26, 2000 Reported by Mr. Campbell, without amendment _______________________________________________________________________ A BILL To provide for business development and trade promotion for Native Americans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``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. SEC. 3. DEFINITIONS. In this Act: (1) 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) 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)). SEC. 4. OFFICE OF NATIVE AMERICAN BUSINESS DEVELOPMENT. (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. (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. (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
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