,,ii #aadth ,,congress #b;d ,session ,s4 #cbcd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ad1 #bjaf ,mr4 ,barrasso 7for himself and ,mr4 ,mc,cain7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to amend the ,native ,american ,business ,development1 ,trade ,promotion1 and ,tourism ,act of #bjjj1 the ,buy ,indian ,act1 the ,indian ,trader ,act1 and the ,native ,american ,programs ,act of #aigd to provide industry and economic development opportunities to ,indian communities4 #a4 ,short title ,this ,act may be cited as the ,indian ,community ,economic ,enhancement ,act of #bjaf4 #b4 ,findings ,congress finds that-- 7#a7 7,a7 to bring industry and economic development to ,indian communities1 ,indian tribes must overcome a number of barriers1 including-- 7i7 geographical location2 7ii7 lack of infrastructure or capacity2 7iii7 lack of sufficient collateral2 and 7iv7 regulatory bureaucracy relating to-- 7,i7 development2 and 7,,ii7 access to services provided by the ,federal ,government2 and 7,b7 the barriers described in subparagraph 7,a7 often add to the cost of doing business in ,indian communities2 7#b7 ,indian tribes-- 7,a7 enact laws2 7,b7 determine policy for the benefit of tribal members2 and 7,c7 produce goods and services for consumers2 7#c7 the ,federal ,government has-- 7,a7 an important government-to-government relationship with ,indian tribes2 and 7,b7 a role in facilitating healthy tribal economies2 7#d7 the input of ,indian tribes in developing ,federal policy and programs leads to more meaningful and effective measures to assist ,indian tribes and ,indian entrepreneurs in building tribal economies2 7#e7 7,a7 many components of tribal infrastructure need significant repair or replacement2 and 7,b7 access to private capital for projects in ,indian communities-- 7i7 may not be realized2 or 7ii7 may come at a higher cost than such access for other projects2 7#f7 7,a7 ,federal capital improvement programs1 such as tax-exempt bond financing and loan guarantees1 are tools that help improve or replace crumbling infrastructure2 7,b7 ,indian tribes may not be accorded the same status as other units of government under ,federal law for purposes of issuing tax-exempt debt because certain tribal projects may not qualify as essential government functions2 and 7,c7 as a result of the difference in status described in subparagraph 7,b71 investors may avoid financing1 or demand a premium to finance1 projects in ,indian communities1 making the projects more costly or inaccessible2 7#g7 there are a number of loan guarantee programs available for projects in ,indian communities1 but those programs may not be fully used2 and 7#h7 7,a7 most real property held by ,indian tribes is trust or restricted land that essentially cannot be held as collateral2 and 7,b7 while creative solutions1 such as leasehold mortgages1 have been developed in response to the problem identified in subparagraph 7,a71 some solutions remain subject to review and approval by the ,bureau of ,indian ,affairs1 adding additional costs and delay to tribal projects4 #c4 ,native ,american ,business ,development1 ,trade ,promotion1 and ,tourism ,act of #bjjj 7a7 ,findings2 purposes ,section #b of the ,native ,american ,business ,development1 ,trade ,promotion1 and ,tourism ,act of #bjjj 7#be ,u4,s4,c4 #dcja7 is amended by adding at the end the following3 7c7 ,applicability to ,indian-,owned businesses ,the findings and purposes in subsections 7a7 and 7b7 shall apply to any ,indian-owned business governed-- 7#a7 by tribal laws regulating trade or commerce on ,indian lands2 or 7#b7 pursuant to section #e of the ,act of ,august #ae1 #ahgf 7#ai ,stat4 #bjj1 chapter #bhi2 #be ,u4,s4,c4 #bfa74 4 7b7 ,definitions ,section #c of the ,native ,american ,business ,development1 ,trade ,promotion1 and ,tourism ,act of #bjjj 7#be ,u4,s4,c4 #dcjb7 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#i7 as paragraphs 7#b71 7#d71 7#e71 7#f71 7#g71 7#h71 7#aa71 7#ab71 and 7#ac71 respectively2 7#b7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,director ,the term ,director means the ,director of ,native ,american ,business ,development appointed pursuant to section #d7;a77#b74 2 7#c7 by inserting after paragraph 7#b7 7as so redesignated7 the following3 7#c7 ,fund ,the term ,fund means the ,indian ,economic ,development ,fund established by section #i7;a77#a74 2 and 7#d7 by inserting after paragraph 7#h7 7as so redesignated7 the following3 7#i7 ,native community development financial institution ,the term ,native community development financial institution means a community development financial institution 7as defined in section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjb77-- 7,a7 the investment area of which includes an ,indian reservation2 or 7,b7 the targeted population of which includes an ,indian tribe4 7#aj7 ,office ,the term ,office means the ,office of ,native ,american ,business ,development established by section #d7;a77#a74 4 7c7 ,office of ,native ,american ,business ,development ,section #d of the ,native ,american ,business ,development1 ,trade ,promotion1 and ,tourism ,act of #bjjj 7#be ,u4,s4,c4 #dcjc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,department of ,commerce and inserting ,office of the ,secretary2 and 7ii7 by striking 7referred to in this ,act as the ,office72 and 7,b7 in paragraph 7#b71 in the first sentence1 by striking 7referred to in this ,act as the ,director72 and 7#b7 by adding at the end the following3 7c7 ,duties of ,director 7#a7 ,in general ,the ,director shall serve as-- 7,a7 the program and policy advisor to the ,secretary with respect to the trust and governmental relationship between the ,united ,states and ,indian tribes2 and 7,b7 the point of contact for ,indian tribes1 tribal organizations1 and ,indians regarding-- 7i7 policies and programs of the ,department of ,commerce2 and 7ii7 other matters relating to economic development4 7#b7 ,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-- 7,a7 meaningful and timely coordination and assistance1 as required by this ,act2 and 7,b7 consultation with ,indian tribes regarding the policies1 programs1 assistance1 and activities of the offices and agencies4 4 7d7 ,indian community development initiatives ,the ,native ,american ,business ,development1 ,trade ,promotion1 and ,tourism ,act of #bjjj is amended-- 7#a7 by redesignating section #h 7#be ,u4,s4,c4 #dcjg7 as section #aj2 and 7#b7 by inserting after section #g 7#be ,u4,s4,c4 #dcjf7 the following3 #h4 ,indian community development initiatives 7a7 ,interagency coordination ,the ,secretary 7acting through the ,director71 the ,secretary of the ,interior 7acting through the ,assistant ,secretary for ,indian ,affairs71 and the ,secretary of the ,treasury 7acting through the ,administrator of the ,community ,development ,financial ,institutions ,fund71 shall coordinate-- 7#a7 to develop initiatives that-- 7,a7 encourage1 promote1 and provide education regarding investments in ,indian communities through-- 7i7 the loan guarantee program of ,bureau of ,indian ,affairs under section #bja of the ,indian ,financing ,act of #aigd 7#be ,u4,s4,c4 #adha72 7ii7 programs carried out using amounts in the ,community ,development ,financial ,institutions ,fund established under section #ajd7;a7 of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjc7;a772 and 7iii7 other capital development programs2 7,b7 examine and develop alternatives that would qualify as collateral for financing in ,indian communities2 and 7,c7 provide entrepreneur and other training relating to economic development through tribally controlled colleges and universities2 7#b7 to identify regulatory or legal barriers to increasing investment1 including qualifying or approving collateral structures1 in ,indian communities2 and 7#c7 to ensure consultation with ,indian tribes regarding increasing investment in ,indian communities4 7b7 ,waiver ,for assistance provided pursuant to section #ajh of ,public ,law #ajc-cbe 7#ab ,u4,s4,c4 #dgjg71 to benefit ,native ,american communities and provided primarily through qualified community development lender organizations with experience and expertise in community development banking and lending in ,indian country1 ,native ,american organizations1 ,indian tribes and tribal organizations1 and other suitable providers1 section #ajh7;e7 of ,public ,law #ajc-cbe 7#ab ,u4,s4,c4 #dgjg7;e77 shall not apply4 7c7 ,tribal government functions ,notwithstanding any other provision of law1 for purposes of financing and economic or community development1 the essential governmental functions of an ,indian tribe shall be considered to include any function that may be performed or financed by a ,state or unit of local government with general taxing authority4 #i4 ,indian ,economic ,development ,fund 7a7 ,establishment 7#a7 ,in general ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,indian ,economic ,development ,fund1 to be allocated by the ,secretary of the ,treasury for administration by the ,secretary of the ,interior1 acting through the ,assistant ,secretary for ,indian ,affairs 7referred to in this section as the ,secretary74 7#b7 ,composition ,the ,fund shall consist of-- 7,a7 such amounts as are deposited in the ,fund under subsection 7b72 and 7,b7 any interest earned on investment of amounts in the ,fund under subsection 7c74 7b7 ,deposits to ,fund 7#a7 ,in general ,beginning on the date that is #a year after the date of enactment of the ,indian ,community ,economic ,enhancement ,act of #bjaf1 any ,indian tribe may deposit amounts in the ,fund4 7#b7 ,action by ,secretary of ,treasury ,the ,secretary of the ,treasury-- 7,a7 may accept from an ,indian tribe any amounts deposited by the ,indian tribe pursuant to paragraph 7#a72 and 7,b7 shall allocate all amounts in the ,fund to the ,secretary of the ,interior for use in accordance with this section4 7#c7 ,use ,amounts deposited pursuant to this subsection shall be used-- 7,a7 to support existing credit subsidies for the loan guarantee program of the ,bureau of ,indian ,affairs under section #bja of the ,indian ,financing ,act of #aigd 7#be ,u4,s4,c4 #adha72 and 7,b7 to establish a credit subsidy solely for any eligible community development financial institution 7as defined in section #aad;,a of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgac;a77-- 7i7 that applies for financing under the program for bonds and notes issued for eligible community or economic development purposes under that section2 and 7ii7 7,i7 the investment area of which includes an ,indian reservation2 or 7,,ii7 the targeted population of which includes an ,indian tribe4 7c7 ,investment of amounts 7#a7 ,in general ,the ,secretary shall invest such portion of the ,fund as is not1 in the judgment of the ,secretary1 required to meet current withdrawals4 7#b7 ,credits to ,fund ,the interest on1 and the proceeds from the sale or redemption of1 any obligations held in the ,fund shall be credited to1 and form a part of1 the ,fund4 7d7 ,expenditures 7#a7 ,in general ,effective beginning on the date that is #b years after the date of enactment of the ,indian ,community ,economic ,enhancement ,act of #bjaf1 of the amounts in the ,fund for a fiscal year1 the ,secretary shall-- 7,a7 use such amounts as are necessary to carry out subparagraphs 7,a71 7,b71 and 7,d7 of paragraph 7#b72 and 7,b7 transfer to the ,secretary of the ,treasury the amount described in subparagraph 7,c7 of paragraph 7#b7 for use in accordance with that subparagraph4 7#b7 ,requirements ,for each fiscal year beginning after the date described in paragraph 7#a7-- 7,a7 not more than #e percent of the amounts in the ,fund shall be used for administrative expenses2 7,b7 the ,secretary shall use to provide credit subsidies under the loan guarantee program of the ,bureau of ,indian ,affairs under section #bja of the ,indian ,financing ,act of #aigd 7#be ,u4,s4,c4 #adha7 an amount equal to the lesser of-- 7i7 #dj percent of the amounts in the ,fund2 and 7ii7 #g1ejj1jjj2 7,c7 the ,secretary of the ,treasury shall allocate to provide credit subsidies under the program for bonds issued for eligible community or economic development purposes established under section #aad;,a of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgac;a7 that are targeted solely for distribution to ,native community development financial institutions an amount equal to the lesser of-- 7i7 #dj percent of the amounts in the ,fund2 and 7ii7 #aj1jjj1jjj2 and 7,d7 the ,secretary shall deposit in the reserve fund under subsection 7e7 not less than #ae percent of the amounts in the ,fund4 7e7 ,reserve fund 7#a7 ,establishment ,the ,secretary shall establish within the ,fund a reserve fund1 which shall consist of an amount equal to the greater of-- 7,a7 #ae percent of the amounts in the ,fund2 and 7,b7 the amounts in the ,fund in excess of the amounts required to be used under subparagraphs 7,b7 and 7,c7 of subsection 7d77#b74 7#b7 ,use 7,a7 ,prohibition ,except as provided in subparagraph 7,b71 amounts in the reserve fund shall not be used for any purpose4 7,b7 ,excess amounts 7i7 ,consultation ,the ,secretary shall consult with ,indian tribes regarding additional uses for the ,fund if the total amount in the reserve fund for a fiscal year exceeds an amount equal to the greater of-- 7,i7 #ae percent of the total amounts in the ,fund2 and 7,,ii7 #be1jjj1jjj4 7ii7 ,use ,the ,secretary may use any excess amounts described in clause 7i7 to provide to ,indian tribes or ,native community development financial institutions assistance for projects for-- 7,i7 community or economic development2 7,,ii7 health care or public safety2 7,,iii7 natural resource protection1 including wildfire prevention1 rehabilitation1 and management2 and 7,,iv7 sanitation4 7f7 ,consultation ,not later than #ahj days after the date of enactment of the ,indian ,community ,economic ,enhancement ,act of #bjaf1 the ,secretary and the ,secretary of the ,treasury shall consult with ,indian tribes regarding the purposes1 administration1 methods of investment and accountability1 and benefits of the ,fund4 4 #d4 ,buy ,indian ,act ,section #bc of the ,act of ,june #be1 #aiaj 7commonly known as the ,buy ,indian ,act7 7#cf ,stat4 #hfa1 chapter #dca2 #be ,u4,s4,c4 #dg71 is amended to read as follows3 #bc4 ,employment of ,indian labor and purchase of products of ,indian industry2 participation in ,mentor-,protege ,program 7a7 ,definitions ,in this section3 7#a7 ,indian economic enterprise ,the term ,indian economic enterprise has the meaning given the term in section #adhj4bja of title #dh1 ,code of ,federal ,regulations 7or successor regulations74 7#b7 ,mentor firm2 protege firm ,the terms mentor firm and protege firm have the meanings given those terms in section #hca7;c7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #aiia 7#aj ,u4,s4,c4 #bcjb note2 ,public ,law #aja-eaj74 7#c7 ,secretaries ,the term ,secretaries means-- 7,a7 the ,secretary of the ,interior2 and 7,b7 the ,secretary of ,health and ,human ,services4 7b7 ,enterprise development 7#a7 ,in general ,unless determined by one of the ,secretaries to be impracticable and unreasonable-- 7,a7 ,indian labor shall be employed2 and 7,b7 purchases of ,indian industry products 7including printing1 notwithstanding any other provision of law7 may be made in open market by the ,secretaries4 7#b7 ,mentor-,protege ,program 7,a7 ,in general ,participation in the ,mentor-,protege ,program established under section #hca7;a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #aiia 7#aj ,u4,s4,c4 #bcjb note2 ,public ,law #aja-eaj7 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 section4 7,b7 ,treatment ,for purposes of this section1 no determination of affiliation or control 7whether direct or indirect7 may be found between a protege firm and a mentor firm on the basis that the mentor firm has provided1 or agreed to provide1 to the protege firm1 pursuant to a mentor-protege agreement1 any form of developmental assistance described in section #hca7;f7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #aiia 7#aj ,u4,s4,c4 #bcjb note2 ,public ,law #aja-eaj74 7c7 ,implementation ,in carrying out this section1 the ,secretaries shall-- 7#a7 conduct outreach to ,indian industrial entities2 7#b7 provide training2 7#c7 promulgate regulations in accordance with this section2 7#d7 require regional offices of the ,bureau of ,indian ,affairs and the ,indian ,health ,service to aggregate data regarding compliance with this section2 7#e7 require procurement management reviews to include a review of the implementation of this section2 and 7#f7 consult with ,indian tribes1 ,indian industrial entities1 and other stakeholders regarding methods to facilitate compliance with-- 7,a7 this section2 and 7,b7 other small business or procurement goals4 7d7 ,report 7#a7 ,in general ,not later than #a year after the date of enactment of this subsection1 and not less frequently than once every #b years thereafter1 each of the ,secretaries shall submit to the ,committee on ,indian ,affairs of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report describing1 during the period covered by the report1 the implementation of this section by each of the respective ,secretaries4 7#b7 ,contents ,each report under this subsection shall include1 for each fiscal year during the period covered by the report-- 7,a7 the names of each agency under the respective jurisdiction of each of the ,secretaries to which this section has been applied2 7,b7 a summary of the types of purchases made from1 and contracts awarded to1 ,indian economic enterprises1 expressed by agency region2 7,c7 a description of the percentage increase or decrease in total dollar value and number of purchases and awards made within each agency region1 as compared to the totals of the region for the preceding fiscal year2 7,d7 a description of the methods used by applicable contracting officers and employees to conduct market searches to identify qualified ,indian economic enterprises2 7,e7 a summary of all deviations granted under section #adhj4djc of title #dh1 ,code of ,federal ,regulations 7or successor regulations71 including a description of-- 7i7 the alternative procurement method used2 and 7ii7 the dollar value of any awards made pursuant to those deviations2 7,f7 a summary of all determinations made to provide awards to ,indian economic enterprises1 including a description of the dollar value of the awards2 7,g7 a description of the total number and value of all purchases of1 and contracts awarded for1 supplies1 services1 and construction 7including the percentage increase or decrease1 as compared to the preceding fiscal year7 from-- 7i7 ,indian economic enterprises2 and 7ii7 non-,indian economic enterprises2 and 7,h7 any administrative1 procedural1 legal1 or other barriers to achieving the purposes of this section1 together with recommendations for legislative or administrative actions to address those barriers4 4 #e4 ,indian ,trader ,act ,section #e of the ,act of ,august #ae1 #ahgf 7commonly known as the ,indian ,trader ,act7 7#ai ,stat4 #bjj1 chapter #bhi2 #be ,u4,s4,c4 #bfa71 is amended-- 7#a7 by striking ,the ,commissioner and inserting the following3 7a7 ,in general ,the ,commissioner 2 and 7#b7 by adding at the end the following3 7b7 ,waiver ,on request of an ,indian tribe1 the ,secretary of the ,interior shall waive any applicable licensing requirement under subsection 7a71 if the ,secretary determines that the ,indian tribe has enacted tribal laws to govern licensing1 trade1 or commerce with respect to the ,indian tribe or land held by1 or in trust for the benefit of1 the ,indian tribe4 4 #f4 ,native ,american ,programs ,act of #aigd 7a7 ,financial assistance for ,native ,american projects ,section #hjc of the ,native ,american ,programs ,act of #aigd 7#db ,u4,s4,c4 #biia;b7 is amended-- 7#a7 by redesignating subsections 7b7 through 7d7 as subsections 7c7 through 7e71 respectively2 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,economic development 7#a7 ,in general ,the ,commissioner may provide assistance under subsection 7a7 for projects relating to the purposes of this title to a community development financial institution-- 7,a7 that receives assistance under the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgja et seq472 and 7,b7 7i7 the investment area of which includes an ,indian reservation2 or 7ii7 the targeted population of which includes an ,indian tribe4 7#b7 ,priority ,in providing assistance under this section for economic development purposes1 the ,commissioner shall give priority to any application seeking assistance for-- 7,a7 the development of a tribal code or court system for purposes of economic development1 including commercial codes1 training for court personnel1 regulation pursuant to section #e of the ,act of ,august #ae1 #ahgf 7#ai ,stat4 #bjj1 chapter #bhi2 #be ,u4,s4,c4 #bfa71 and the development of nonprofit subsidiaries or other tribal business structures2 7,b7 the development or maintenance of a community development financial institution1 including training and administrative expenses2 or 7,c7 the development of a tribal master plan for community and economic development and infrastructure4 4 7b7 ,technical assistance and training ,section #hjd of the ,native ,american ,programs ,act of #aigd 7#db ,u4,s4,c4 #biia;c7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking ,the ,commissioner and inserting the following3 7a7 ,in general ,the ,commissioner 2 and 7#b7 by adding at the end the following3 7b7 ,priority ,in providing assistance under subsection 7a71 the ,commissioner shall give priority to any application described in section #hjc7;b77#b74 4 7c7 ,authorization of appropriations ,section #haf of the ,native ,american ,programs ,act of #aigd 7#db ,u4,s4,c4 #biib;d7 is amended-- 7#a7 by striking #hjc7;d7 each place it appears and inserting #hjc7;e72 and 7#b7 in subsection 7a71 by striking #aiii1 #bjjj1 #bjja1 and #bjjb and inserting #bjag through #bjba4