§ 4301. — Findings; purposes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC4301]
TITLE 25--INDIANS
CHAPTER 44--NATIVE AMERICAN BUSINESS DEVELOPMENT, TRADE PROMOTION, AND
TOURISM
Sec. 4301. 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 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.
(Pub. L. 106-464, Sec. 2, Nov. 7, 2000, 114 Stat. 2012.)
Short Title
Pub. L. 106-464, Sec. 1, Nov. 7, 2000, 114 Stat. 2012, provided
that: ``This Act [enacting this chapter] may be cited as the `Native
American Business Development, Trade Promotion, and Tourism Act of
2000'.''
General Accounting Office Study
Pub. L. 106-568, title IV, Sec. 421, Dec. 27, 2000, 114 Stat. 2906,
provided that:
``(a) In General.--The Comptroller General shall conduct a study and
make findings and recommendations with respect to--
``(1) Federal programs designed to assist Indian tribes and
tribal members with economic development, job creation,
entrepreneurship, and business development;
``(2) the extent of use of the programs;
``(3) how effectively such programs accomplish their mission;
and
``(4) ways in which the Federal Government could best provide
economic development, job creation, entrepreneurship, and business
development for Indian tribes and tribal members.
``(b) Report.--The Comptroller General shall submit a report to
Congress on the study, findings, and recommendations required by
subsection (a) not later than 1 year after the date of the enactment of
this Act [Dec. 27, 2000].''
Indian Tribal Regulatory Reform and Business Development
Pub. L. 106-447, Nov. 6, 2000, 114 Stat. 1934, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Indian Tribal Regulatory Reform and
Business Development Act of 2000'.
``SEC. 2. FINDINGS; PURPOSES.
``(a) Findings.--Congress finds that--
``(1) 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 rates of unemployment, poverty, poor health,
substandard housing, and associated social ills which are greater
than the rates for any other group in the United States;
``(2) the capacity of Indian tribes to build strong Indian
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 conducted
on Indian lands;
``(3) beginning in 1970, with the issuance by the Nixon
Administration of a special message to Congress on Indian Affairs,
each President has reaffirmed the special government-to-government
relationship between Indian tribes and the United States; and
``(4) 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 Indian tribes; and
``(B) facilitate economic development on Indian lands.
``(b) Purposes.--The purposes of this Act are as follows:
``(1) To provide for a comprehensive review of the laws
(including regulations) that affect investment and business
decisions concerning activities conducted on Indian lands.
``(2) To determine the extent to which those laws unnecessarily
or inappropriately impair--
``(A) investment and business development on Indian lands;
or
``(B) the financial stability and management efficiency of
Indian tribal governments.
``(3) To establish an authority to conduct the review under
paragraph (1) and report findings and recommendations that result
from the review to Congress and the President.
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Authority.--The term `Authority' means the Regulatory
Reform and Business Development on Indian Lands Authority.
``(2) Federal agency.--The term `Federal agency' means an
agency, as that term is defined in section 551(1) of title 5, United
States Code.
``(3) 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)).
``(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 [Nov. 6, 2000]).
``(5) 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)).
``(6) Secretary.--The term `Secretary' means the Secretary of
Commerce.
``(7) 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. ESTABLISHMENT OF AUTHORITY.
``(a) Establishment.--
``(1) In general.--Not later than 60 days after the date of
enactment of this Act [Nov. 6, 2000], the Secretary, in consultation
with the Secretary of the Interior and other officials whom the
Secretary determines to be appropriate, shall establish an authority
to be known as the Regulatory Reform and Business Development on
Indian Lands Authority.
``(2) Purpose.--The Secretary shall establish the Authority
under this subsection in order to facilitate the identification and
subsequent removal of obstacles to investment, business development,
and the creation of wealth with respect to the economies of Native
American communities.
``(b) Membership.--
``(1) In general.--The Authority established under this section
shall be composed of 21 members.
``(2) Representatives of indian tribes.--12 members of the
Authority shall be representatives of the Indian tribes from the
areas of the Bureau of Indian Affairs. Each such area shall be
represented by such a representative.
``(3) Representatives of the private sector.--No fewer than 4
members of the Authority shall be representatives of nongovernmental
economic activities carried out by private enterprises in the
private sector.
``(c) Initial Meeting.--Not later than 90 days after the date of
enactment of this Act [Nov. 6, 2000], the Authority shall hold its
initial meeting.
``(d) Review.--Beginning on the date of the initial meeting under
subsection (c), the Authority shall conduct a review of laws (including
regulations) relating to investment, business, and economic development
that affect investment and business decisions concerning activities
conducted on Indian lands.
``(e) Meetings.--The Authority shall meet at the call of the
chairperson.
``(f) Quorum.--A majority of the members of the Authority shall
constitute a quorum, but a lesser number of members may hold hearings.
``(g) Chairperson.--The Authority shall select a chairperson from
among its members.
``SEC. 5. REPORT.
``Not later than 1 year after the date of enactment of this Act
[Nov. 6, 2000], the Authority shall prepare and submit to the Committee
on Indian Affairs of the Senate, the Committee on Resources of the House
of Representatives, and to the governing body of each Indian tribe a
report that includes--
``(1) the findings of the Authority concerning the review
conducted under section 4(d); and
``(2) such recommendations concerning the proposed revisions to
the laws that were subject to review as the Authority determines to
be appropriate.
``SEC. 6. POWERS OF THE AUTHORITY.
``(a) Hearings.--The Authority may hold such hearings, sit and act
at such times and places, take such testimony, and receive such evidence
as the Authority considers advisable to carry out the duties of the
Authority.
``(b) Information From Federal Agencies.--The Authority may secure
directly from any Federal department or agency such information as the
Authority considers necessary to carry out the duties of the Authority.
``(c) Postal Services.--The Authority may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
``(d) Gifts.--The Authority may accept, use, and dispose of gifts or
donations of services or property.
``SEC. 7. AUTHORITY PERSONNEL MATTERS.
``(a) Compensation of Members.--
``(1) Non-federal members.--Members of the Authority who are not
officers or employees of the Federal Government shall serve without
compensation, except for travel expenses as provided under
subsection (b).
``(2) Officers and employees of the federal government.--Members
of the Authority who are officers or employees of the United States
shall serve without compensation in addition to that received for
their services as officers or employees of the United States.
``(b) Travel Expenses.--The members of the Authority shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from their homes or
regular places of business in the performance of services for the
Authority.
``(c) Staff.--
``(1) In general.--The chairperson of the Authority may, without
regard to the civil service laws, appoint and terminate such
personnel as may be necessary to enable the Authority to perform its
duties.
``(2) Procurement of temporary and intermittent services.--The
chairperson of the Authority may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at
rates for individuals that do not exceed the daily equivalent of the
annual rate of basic pay prescribed under GS-13 of the General
Schedule established under section 5332 of title 5, United States
Code.
``SEC. 8. TERMINATION OF THE AUTHORITY.
``The Authority shall terminate 90 days after the date on which the
Authority has submitted a copy of the report prepared under section 5 to
the committees of Congress specified in section 5 and to the governing
body of each Indian tribe.
``SEC. 9. EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.
``The activities of the Authority conducted under this Act shall be
exempt from the Federal Advisory Committee Act (5 U.S.C. App.).
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are necessary
to carry out this Act, to remain available until expended.''
