25 U.S.C. §§ 4303–4305

3 sections in range

§4303. Office of Native American Business Development

25 U.S.C. § 4303

(a)

In general—

(1)

Establishment— There is established within the Office of the Secretary an office known as the Office of Native American Business Development.

(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. The Director shall be compensated at a rate not to exceed level V of the Executive Schedule under section 5316 of title 5.

(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. 2701 et seq.].

(c)

Duties of Director—

(1)

In general— The Director shall serve as—

(A)

the program and policy advisor to the Secretary with respect to the trust and governmental relationship between the United States and Indian Tribes; and

(B)

the point of contact for Indian Tribes, Tribal organizations, and Indians regarding—

(i)

policies and programs of the Department of Commerce; and

(ii)

other matters relating to economic development and doing business in Indian lands.

(2)

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—

(A)

meaningful and timely coordination and assistance, as required by this chapter; and

(B)

consultation with Indian Tribes regarding the policies, programs, assistance, and activities of the offices and agencies.

(3)

Office operations— There are authorized to be appropriated to carry out this section not more than $2,000,000 for each fiscal year.

Notes, amendments, and revision history

(Pub. L. 106–464, § 4, Nov. 7, 2000, 114 Stat. 2015; Pub. L. 116–261, § 3(c), (e)(2), Dec. 30, 2020, 134 Stat. 3308, 3311.)

Editorial Notes

References in Text

The Indian Gaming Regulatory Act, referred to in subsec. (b)(6), is Pub. L. 100–497, Oct. 17, 1988, 102 Stat. 2467, as amended, which is classified principally to chapter 29 (§ 2701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.

Amendments

2020—Subsec. (a)(1). Pub. L. 116–261, § 3(c)(1)(A), substituted “Office of the Secretary” for “Department of Commerce” and struck out “(referred to in this chapter as the ‘Office’)” before period at end.

Subsec. (a)(2). Pub. L. 116–261, § 3(c)(1)(B), struck out “(referred to in this chapter as the ‘Director’)” after “Development”.

Subsec. (b)(4)(B), (5)(B). Pub. L. 116–261, § 3(e)(2), substituted “Tribes” for “tribes”.

Subsec. (c). Pub. L. 116–261, § 3(c)(2), added subsec. (c).

§4304. Native American trade and export promotion

25 U.S.C. § 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, 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)

Priorities— 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.

Notes, amendments, and revision history

(Pub. L. 106–464, § 5, Nov. 7, 2000, 114 Stat. 2016; Pub. L. 116–261, § 3(e)(2), Dec. 30, 2020, 134 Stat. 3311.)

Editorial Notes

Amendments

2020—Subsec. (b)(1). Pub. L. 116–261 substituted “Tribes” for “tribes”.

§4305. Intertribal tourism demonstration projects

25 U.S.C. § 4305

(a)

Program to conduct tourism projects—

(1)

In general— 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)

Demonstration projects—

(A)

In general— 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)

Projects described— 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)

Grants— 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)

Locations— 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)

Assistance— 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)

Infrastructure development— 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.

Notes, amendments, and revision history

(Pub. L. 106–464, § 6, Nov. 7, 2000, 114 Stat. 2016; Pub. L. 116–261, § 3(e)(2), (3), Dec. 30, 2020, 134 Stat. 3311.)

Editorial Notes

Amendments

2020—Subsec. (a)(1). Pub. L. 116–261 substituted “Tribes” for “tribes” and “Tribal” for “tribal”.

Subsec. (a)(3). Pub. L. 116–261 substituted “Tribes” for “tribes” and “Tribal” for “tribal” in two places.

25 U.S.C. §§ 4303–4305

§4303. Office of Native American Business Development

Editorial Notes

References in Text

Amendments

§4304. Native American trade and export promotion

Editorial Notes

Amendments

§4305. Intertribal tourism demonstration projects

Editorial Notes

Amendments

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Incoming references