§ 4301. Findings; purposes

• (a) 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) The purposes of this chapter 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.

§ 4302. Definitions

In this chapter:

• (1) The term “eligible entity” means an Indian tribe or tribal organization, an Indian arts and crafts organization, as that term is defined in section 305a of this title , 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) The term “Indian” has the meaning given that term in section 5304(d) of this title .
• (3) The term “Indian goods and services” means—
  • (A) Indian goods, within the meaning of section 305a of this title ;
  • (B) goods produced or originated by an eligible entity; and
  • (C) services provided by eligible entities.
• (4)
  • (A) The term “Indian lands” includes lands under the definition of—
    • (i) the term “Indian country” under section 1151 of title 18 ; or
    • (ii) the term “reservation” under—
      • (I) section 1452(d) of this title ; or
      • (II) section 1903(10) of this title .
  • (B) For purposes of applying section 1452(d) of this title 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 November 7, 2000 ).
• (5) 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) The term “Indian tribe” has the meaning given that term in section 5304(e) of this title .
• (7) The term “Secretary” means the Secretary of Commerce.
• (8) The term “tribal enterprise” means a commercial activity or business managed or controlled by an Indian tribe.
• (9) The term “tribal organization” has the meaning given that term in section 5304( l ) of this title.

§ 4303. Office of Native American Business Development

• (a)
  • (1) There is established within the Department of Commerce an office known as the Office of Native American Business Development (referred to in this chapter as the “Office”).
  • (2) 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 chapter 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 .
• (b)
  • (1) 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) 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) 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) 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) 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) 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. 2701 et seq.].

§ 4304. Native American trade and export promotion

• (a) 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) 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) 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) In conjunction with the activities described in subsection (c), the Secretary, acting through the Director, shall provide technical assistance and administrative services to eligible entities to assist those entities with—
  • (1) the identification of appropriate markets for Indian goods and services;
  • (2) entering the markets referred to in paragraph (1);
  • (3) compliance with foreign or domestic laws and practices with respect to financial institutions with respect to the export and import of Indian goods and services; and
  • (4) entering into financial arrangements to provide for the export and import of Indian goods and services.
• (e) In carrying out the duties and activities described in subsections (b) and (c), the Secretary, acting through the Director, shall give priority to activities that—
  • (1) provide the greatest degree of economic benefits to Indians; and
  • (2) foster long-term stable international markets for Indian goods and services.

§ 4305. Intertribal tourism demonstration projects

• (a)
  • (1) The Secretary, acting through the Director, shall conduct a Native American tourism program to facilitate the development and conduct of tourism demonstration projects by Indian tribes, on a tribal, intertribal, or regional basis.
  • (2)
    • (A) Under the program established under this section, in order to assist in the development and promotion of tourism on and in the vicinity of Indian lands, the Secretary, acting through the Director, shall, in coordination with the Under Secretary of Agriculture for Rural Development, assist eligible entities in the planning, development, and implementation of tourism development demonstration projects that meet the criteria described in subparagraph (B).
    • (B) In selecting tourism development demonstration projects under this section, the Secretary, acting through the Director, shall select projects that have the potential to increase travel and tourism revenues by attracting visitors to Indian lands and lands in the vicinity of Indian lands, including projects that provide for—
      • (i) the development and distribution of educational and promotional materials pertaining to attractions located on and near Indian lands;
      • (ii) the development of educational resources to assist in private and public tourism development on and in the vicinity of Indian lands; and
      • (iii) the coordination of tourism-related joint ventures and cooperative efforts between eligible entities and appropriate State and local governments that have jurisdiction over areas in the vicinity of Indian lands.
  • (3) To carry out the program under this section, the Secretary, acting through the Director, may award grants or enter into other appropriate arrangements with Indian tribes, tribal organizations, intertribal consortia, or other tribal entities that the Secretary, in consultation with the Director, determines to be appropriate.
  • (4) In providing for tourism development demonstration projects under the program under this section, the Secretary, acting through the Director, shall provide for a demonstration project to be conducted—
    • (A) for Indians of the Four Corners area located in the area adjacent to the border between Arizona, Utah, Colorado, and New Mexico;
    • (B) for Indians of the northwestern area that is commonly known as the Great Northwest (as determined by the Secretary);
    • (C) for the Oklahoma Indians in Oklahoma;
    • (D) for the Indians of the Great Plains area (as determined by the Secretary); and
    • (E) for Alaska Natives in Alaska.
• (b) The Secretary, acting through the Director, shall provide financial assistance, technical assistance, and administrative services to participants that the Secretary, acting through the Director, selects to carry out a tourism development project under this section, with respect to—
  • (1) feasibility studies conducted as part of that project;
  • (2) market analyses;
  • (3) participation in tourism and trade missions; and
  • (4) any other activity that the Secretary, in consultation with the Director, determines to be appropriate to carry out this section.
• (c) The demonstration projects conducted under this section shall include provisions to facilitate the development and financing of infrastructure, including the development of Indian reservation roads in a manner consistent with title 23.

§ 4306. Report to Congress

• (a) Not later than 1 year after November 7, 2000 , and annually thereafter, the Secretary, in consultation with the Director, shall prepare and submit to the Committee on Indian Affairs of the Senate and the Committee on Resources of the House of Representatives a report on the operation of the Office.
• (b) Each report prepared under subsection (a) shall include—
  • (1) for the period covered by the report, a summary of the activities conducted by the Secretary, acting through the Director, in carrying out sections 4303 through 4305 of this title; and
  • (2) any recommendations for legislation that the Secretary, in consultation with the Director, determines to be necessary to carry out sections 4303 through 4305 of this title.

§ 4307. Authorization of appropriations

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

§ 4351. Purposes

The purposes of this chapter are—

• (1) to enhance and integrate Native American tourism—
  • (A) to empower Native American communities; and
  • (B) to advance the National Travel and Tourism Strategy;
• (2) to increase coordination and collaboration between Federal tourism assets to support Native American tourism and bolster recreational travel and tourism;
• (3) to expand heritage and cultural tourism opportunities in the United States to spur economic development, create jobs, and increase tourism revenues;
• (4) to enhance and improve self-determination and self-governance capabilities in the Native American community and to promote greater self-sufficiency;
• (5) to encourage Indian tribes, tribal organizations, and Native Hawaiian organizations to engage more fully in Native American tourism activities to increase visitation to rural and remote areas in the United States that are too difficult to access or are unknown to domestic travelers and international tourists;
• (6) to provide grants, loans, and technical assistance to Indian tribes, tribal organizations, and Native Hawaiian organizations that will—
  • (A) spur important infrastructure development;
  • (B) increase tourism capacity; and
  • (C) elevate living standards in Native American communities; and
• (7) to support the development of technologically innovative projects that will incorporate recreational travel and tourism information and data from Federal assets to improve the visitor experience.

§ 4352. Definitions

In this chapter:

• (1) The term “agency” has the meaning given the term in section 551 of title 5 .
• (2) The term “Indian tribe” has the meaning given the term in section 5304 of this title .
• (3) The term “Native Hawaiian organization” means a nonprofit organization—
  • (A) that serves the interests of Native Hawaiians;
  • (B) in which Native Hawaiians serve in substantive and policymaking positions; and
  • (C) that is recognized for having expertise in Native Hawaiian culture and heritage, including tourism.
• (4) The term “tribal organization” has the meaning given the term in section 5304 of this title .

§ 4353. Integrating Federal tourism assets to strengthen Native tourism opportunities

• (a) The Secretary of Commerce and the Secretary of the Interior shall update the respective management plans and tourism initiatives of the Department of Commerce and the Department of the Interior to include Indian tribes, tribal organizations, and Native Hawaiian organizations.
• (b) The head of each agency that has recreational travel or tourism functions or complementary programs shall update the respective management plans and tourism strategies of the agency to include Indian tribes, tribal organizations, and Native Hawaiian organizations.
• (c)
  • (1) The plans shall outline policy proposals—
    • (A) to improve travel and tourism data collection and analysis;
    • (B) to increase the integration, alignment, and utility of public records, publications, and Web sites maintained by Federal agencies;
    • (C) to create a better user experience for domestic travelers and international visitors;
    • (D) to align Federal agency Web sites and publications;
    • (E) to support national tourism goals;
    • (F) to identify agency programs that could be used to support tourism capacity building and help sustain tourism infrastructure in Native American communities;
    • (G) to develop innovative visitor portals for parks, landmarks, heritage and cultural sites, and assets that showcase and respect the diversity of the indigenous peoples of the United States;
    • (H) to share local Native American heritage through the development of bilingual interpretive and directional signage that could include or incorporate English and the local Native American language or languages; and
    • (I) to improve access to transportation programs related to Native American community capacity building for tourism and trade, including transportation planning for programs related to visitor enhancement and safety.
  • (2) In developing the plan under paragraph (1), the head of each agency shall consult with Indian tribes and the Native American community to identify appropriate levels of inclusion of the Indian tribes and Native Americans in Federal tourism activities, public records and publications, including Native American tourism information available on Web sites.
• (d)
  • (1) The Secretary of the Interior, in consultation with the Secretary of Commerce, shall enter into a memorandum of understanding or cooperative agreement with an entity or organization with a demonstrated record in tribal communities of defining, introducing, developing, and sustaining American Indian, Alaska Native, and Native Hawaiian tourism and related activities in a manner that respects and honors native traditions and values.
  • (2) The memorandum of understanding or cooperative agreement described in paragraph (1) shall formalize a role for the organization or entity to serve as a facilitator between the Secretary of the Interior and the Secretary of Commerce and the Indian tribes, tribal organizations, and Native Hawaiian organizations—
    • (A) to identify areas where technical assistance is needed through consultations with Indian tribes, tribal organizations, and Native Hawaiian organizations to empower the Indian tribes, tribal organizations, and Native Hawaiian organizations to participate fully in the tourism industry; and
    • (B) to provide a means for the delivery of technical assistance and coordinate the delivery of the assistance to Indian tribes, tribal organizations, and Native Hawaiian organizations in collaboration with the Secretary of the Interior, the Secretary of Commerce, and other entities with distinctive experience, as appropriate.
  • (3) Subject to the availability of appropriations, the head of each Federal agency, including the Secretary of the Interior, the Secretary of Commerce, the Secretary of Transportation, the Secretary of Agriculture, the Secretary of Health and Human Services, and the Secretary of Labor shall obligate any funds made available to the head of the agency to cover any administrative expenses incurred by the organization or entity described in paragraph (1) in carrying out programs or activities of the agency.
  • (4) The Secretary of the Interior and the Secretary of Commerce shall coordinate with the organization or entity described in paragraph (1) to develop metrics to measure the effectiveness of the entity or organization in strengthening tourism opportunities for Indian tribes, tribal organizations, and Native Hawaiian organizations.
• (e) Not later than 1 year after September 23, 2016 , and occasionally thereafter, the Secretary of the Interior and the Secretary of Commerce shall each submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—
  • (1) the manner in which the Secretary of the Interior or the Secretary of Commerce, as applicable, is including Indian tribes, tribal organizations, and Native Hawaiian organizations in management plans;
  • (2) the efforts of the Secretary of the Interior or the Secretary of Commerce, as applicable, to develop departmental and agency tourism plans to support tourism programs of Indian tribes, tribal organizations, and Native Hawaiian organizations;
  • (3) the manner in which the entity or organization described in subsection (d)(1) is working to promote tourism to empower Indian tribes, tribal organizations, and Native Hawaiian organizations to participate fully in the tourism industry; and
  • (4) the effectiveness of the entity or organization described in subsection (d)(1) based on the metrics developed under subsection (d)(4).

§ 4354. Native American tourism and branding enhancement

• (a) The head of each agency shall—
  • (1) take actions that help empower Indian tribes, tribal organizations, and Native Hawaiian organizations to showcase the heritage, foods, traditions, history, and continuing vitality of Native American communities;
  • (2) support the efforts of Indian tribes, tribal organizations, and Native Hawaiian organizations—
    • (A) to identify and enhance or maintain traditions and cultural features that are important to sustain the distinctiveness of the local Native American community; and
    • (B) to provide visitor experiences that are authentic and respectful;
  • (3) provide assistance to interpret the connections between the indigenous peoples of the United States and the national identity of the United States;
  • (4) enhance efforts to promote understanding and respect for diverse cultures and subcultures in the United States and the relevance of those cultures to the national brand of the United States; and
  • (5) enter into appropriate memoranda of understanding and establish public-private partnerships to ensure that arriving domestic travelers at airports and arriving international visitors at ports of entry are welcomed in a manner that both showcases and respects the diversity of Native American communities.
• (b) To the extent practicable, grant programs relating to travel, recreation, or tourism administered by the Commissioner of the Administration for Native Americans, Chairman of the National Endowment for the Arts, Chairman of the National Endowment for the Humanities, or the head of an agency with assets or resources relating to travel, recreation, or tourism promotion or branding enhancement for which Indian tribes, tribal organizations, or Native Hawaiian organizations are eligible may be used—
  • (1) to support the efforts of Indian tribes, tribal organizations, and Native Hawaiian organizations to tell the story of Native Americans as the First Peoples of the United States;
  • (2) to use the arts and humanities to help revitalize Native communities, promote economic development, increase livability, and present the uniqueness of the United States to visitors in a way that celebrates the diversity of the United States; and
  • (3) to carry out this section.
• (c) The Advisory Council and the Board of Regents of the Smithsonian Institution shall work with Indian tribes, tribal organizations, Native Hawaiian organizations, and nonprofit organizations to establish long-term partnerships with non-Smithsonian museums and educational and cultural organizations—
  • (1) to share collections, exhibitions, interpretive materials, and educational strategies; and
  • (2) to conduct joint research and collaborative projects that would support tourism efforts for Indian tribes, tribal organizations, and Native Hawaiian organizations and carry out the intent of this section.

§ 4355. Effect

Nothing in this chapter alters, or demonstrates congressional support for the alteration of, the legal relationship between the United States and any American Indian, Alaska Native, or Native Hawaiian individual, group, organization, or entity.