#aafth ,,congress #b;d ,session ,in the ,house of ,representatives1 ,u4 ,s41 ,december #c1 #bjbj ,,amendment3 ,that the bill from the ,senate 7,s4 #bab7 entitled ,an ,act to amend the ,native ,american ,business ,development1 ,trade ,promotion1 and ,tourism ,act of #bjjj1 the ,buy ,indian ,act1 and the ,native ,american ,programs ,act of #aigd to provide industry and economic development opportunities to ,indian communities41 do pass with the following ,strike out all after the enacting clause and insert3 #a4 ,short title ,this ,act may be cited as the ,indian ,community ,economic ,enhancement ,act of #bjbj4 #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 collateral and capital2 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 laws and exercise sovereign governmental powers2 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 and sustainable ,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 available2 or 7ii7 may come at a higher cost than such access for other projects2 7#f7 7,a7 ,federal capital improvement programs1 such as those that facilitate tax-exempt bond financing and loan guarantees1 are tools that help improve or replace crumbling infrastructure2 7,b7 lack of parity in treatment of an ,indian ,tribe as a governmental entity under ,federal tax and certain other regulatory laws impedes1 in part1 the ability of ,indian ,tribes to raise capital through issuance of tax exempt debt1 invest as an accredited investor1 and benefit from other investment incentives accorded to ,state and local governmental entities2 and 7,c7 as a result of the disparity in treatment of ,indian ,tribes 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 ,federal loan guarantee programs available to facilitate financing of business1 energy1 economic1 housing1 and community development projects in ,indian communities1 and those programs may support public-private partnerships for infrastructure development1 but improvements and support are needed for those programs specific to ,indian communities to facilitate more effectively private financing for infrastructure and other urgent development needs2 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#f7 and paragraphs 7#g7 through 7#i71 as paragraphs 7#b7 through 7#g7 and paragraphs 7#i7 through 7#aa71 respectively2 7#b7 by inserting before paragraph 7#b7 7as redesignated by paragraph 7#a77 the following3 7#a7 ,director ,the term ,director means the ,director of ,native ,american ,business ,development appointed pursuant to section #d7;a77#b74 2 and 7#c7 by inserting after paragraph 7#g7 7as redesignated by paragraph 7#a77 the following3 7#h7 ,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 development and doing business in ,indian lands4 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 7#c7 ,office operations ,there are authorized to be appropriated to carry out this section not more than #b1jjj1jjj for each fiscal year4 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 ,not later than #a year after the enactment of this section1 the ,secretary1 the ,secretary of the ,interior1 and the ,secretary of the ,treasury 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 universities and other ,indian organizations with experience in providing such training2 7#b7 to consult with ,indian ,tribes and with the ,securities and ,exchange ,commission to study1 and collaborate to establish1 regulatory changes necessary to qualify an ,indian ,tribe as an accredited investor for the purposes of sections #bcj4ejj through #bcj4ejh of title #ag1 ,code of ,federal ,regulations 7or successor regulations71 consistent with the goals of promoting capital formation and ensuring qualifying ,indian ,tribes have the ability to withstand investment loss1 on a basis comparable to other legal entities that qualify as accredited investors who are not natural persons2 7#c7 to identify regulatory1 legal1 or other barriers to increasing investment1 business1 and economic development1 including qualifying or approving collateral structures1 measurements of economic strength1 and contributions of ,indian economies in ,indian communities through the ,authority established under section #d of the ,indian ,tribal ,regulatory ,reform and ,business ,development ,act of #bjjj 7#be ,u4,s4,c4 #dcja note72 7#d7 to ensure consultation with ,indian ,tribes regarding increasing investment in ,indian communities and the development of the report required in paragraph 7#e72 and 7#e7 not less than once every #b years1 to provide a report to ,congress regarding-- 7,a7 improvements to ,indian communities resulting from such initiatives and recommendations for promoting sustained growth of the ,tribal economies2 7,b7 results of the study and collaboration regarding the necessary changes referenced in paragraph 7#b7 and the impact of allowing ,indian ,tribes to qualify as an accredited investor2 and 7,c7 the identified regulatory1 legal1 and other barriers referenced in paragraph 7#c74 7b7 ,waiver ,for assistance provided pursuant to section #ajh of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjg7 to benefit ,native ,community ,development ,financial ,institutions1 as defined by the ,secretary of the ,treasury1 section #ajh7;e7 of such ,act shall not apply4 7c7 ,indian economic development feasibility study 7#a7 ,in general ,the ,government ,accountability ,office shall conduct a study and1 not later than #ah months after the date of enactment of this subsection1 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 recommendations4 7#b7 ,contents ,the study shall include an assessment of each of the following3 7,a7 ,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 development1 including manufacturing1 physical infrastructure 7such as telecommunications and broadband71 community development1 and facilities construction for such purposes4 ,for each of the ,federal programs and services identified1 the study shall assess the current use and demand by ,indian ,tribes1 individuals1 businesses1 and communities of the programs1 the capital needs of ,indian ,tribes1 businesses1 and communities related to economic development1 the extent to which the programs and services overlap or are duplicative1 and the extent that similar programs have been used to assist non-,indian communities compared to the extent used for ,indian communities4 7,b7 ,financing assistance ,the study shall assess and quantify the extent of assistance provided to non-,indian borrowers and to ,indian 7both ,tribal and individual7 borrowers 7including information about such assistance as a percentage of need for ,indian borrowers and for non-,indian borrowers1 assistance to ,indian borrowers and to non-,indian borrowers as a percentage of total applicants1 and such assistance to ,indian borrowers as individuals as compared to such assistance to ,indian ,tribes7 through the loan programs1 the loan guarantee programs1 or bond guarantee programs of the-- 7i7 ,department of the ,interior2 7ii7 ,department of ,agriculture2 7iii7 ,department of ,housing and ,urban ,development2 7iv7 ,department of ,energy2 7v7 ,small ,business ,administration2 and 7vi7 ,community ,development ,financial ,institutions ,fund of the ,department of the ,treasury4 7,c7 ,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 programs3 7i7 ,new market tax credit4 7ii7 ,low income housing tax credit4 7iii7 ,investment tax credit4 7iv7 ,renewable energy tax incentives4 7v7 ,accelerated depreciation4 7,d7 ,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 bank4 4 7e7 ,conforming and technical amendments ,the ,native ,american ,business ,development1 ,trade ,promotion1 and ,tourism ,act of #bjjj 7#be ,u4,s4,c4 #dcja et seq47 is amended-- 7#a7 in section #c-- 7,a7 in each of paragraphs 7#a71 7#d71 and 7#h71 by striking tribe and inserting ,tribe2 and 7,b7 in paragraph 7#f71 by striking ,the term ,indian tribe has the meaning given that term and inserting ,the term ,indian ,tribe has the meaning given the term ,indian tribe2 7#b7 by striking tribes each place the term appears and inserting ,tribes2 and 7#c7 by striking tribal each place the term appears and inserting ,tribal4 #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 printing and facilities construction1 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 section and with the regulations under part #adhj of title #dh1 ,code of ,federal ,regulations 7or successor regulations71 to harmonize the procurement procedures of the ,department of the ,interior and the ,department of ,health and ,human ,services1 to the maximum extent practicable2 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 by their respective ,departments 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 section1 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 applied1 and efforts made by additional agencies within the ,secretaries' respective ,departments to use the procurement procedures under this ,act2 7,b7 a summary of the types of purchases made from1 and contracts 7including any relevant modifications1 extensions1 or renewals7 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 types of alternative procurement methods used1 including any ,indian owned businesses reported under other procurement goals2 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 or summary 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 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 barriers2 and 7,i7 for each agency region-- 7i7 the total amount spent on purchases made from1 and contracts awarded to1 ,indian economic enterprises2 and 7ii7 a comparison of the amount described in clause 7i7 to the total amount that the agency region would likely have spent on the same purchases made from a non-,indian economic enterprise or contracts awarded to a non-,indian economic enterprise4 7e7 ,goals ,each agency shall establish an annual minimum percentage goal for procurement in compliance with this section4 4 #e4 ,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 ,native community development financial institution1 as defined by the ,secretary of the ,treasury4 7#b7 ,priority ,with regard to not less than #ej percent of the total amount available for assistance under this section1 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 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 7a7-- 7,a7 by striking such sums as may be necessary and inserting #cd1jjj1jjj2 and 7,b7 by striking #aiii1 #bjjj1 #bjja1 and #bjjb and inserting #bjba through #bjbe4 7d7 ,conforming and technical amendments ,the ,native ,american ,programs ,act of #aigd 7#db ,u4,s4,c4 #biia et seq47 is amended-- 7#a7 by striking tribe each place the term appears and inserting ,tribe2 7#b7 by striking tribes each place the term appears and inserting ,tribes2 and 7#c7 by striking tribal each place the term appears and inserting ,tribal4 ,clerk4