25 U.S.C. § 4301 — Findings; purposes

Page 679 TITLE 25—INDIANS § 4301 based on the text of section 821 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. § 4241. Government Accountability Office audits To the extent that the financial transactions of the Department of Hawaiian Home Lands in- volving grant amounts under this subchapter re- late to amounts provided under this subchapter, those transactions may be audited by the Comp- troller General of the United States under such regulations as may be prescribed by the Comp- troller General. The Comptroller General of the United States shall have access to all books, ac- counts, records, reports, files, and other papers, things, or property belonging to or in use by the Department of Hawaiian Home Lands pertaining to such financial transactions and necessary to facilitate the audit. (Pub. L. 104–330, title VIII, § 822, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2895, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2989; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 822 of Pub. L. 104–330. This section is based on the text of section 822 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. AMENDMENTS 2004—Pub. L. 108–271 substituted ‘‘Government Ac- countability Office’’ for ‘‘General Accounting Office’’ in section catchline. § 4242. Reports to Congress (a) In general Not later than 90 days after the conclusion of each fiscal year in which assistance under this subchapter is made available, the Secretary shall submit to Congress a report that con- tains— (1) a description of the progress made in ac- complishing the objectives of this subchapter; (2) a summary of the use of funds available under this subchapter during the preceding fis- cal year; and (3) a description of the aggregate out- standing loan guarantees under section 1715z–13b of title 12. (b) Related reports The Secretary may require the Director to submit to the Secretary such reports and other information as may be necessary in order for the Secretary to prepare the report required under subsection (a). (Pub. L. 104–330, title VIII, § 823, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2895, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2989.) Editorial Notes CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 823 of Pub. L. 104–330. This section is based on the text of section 823 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. § 4243. Authorization of appropriations There are authorized to be appropriated to the Department of Housing and Urban Development for grants under this subchapter such sums as may be necessary for each of fiscal years 2001, 2002, 2003, 2004, and 2005. (Pub. L. 104–330, title VIII, § 824, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2895, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2989.) Editorial Notes CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted substantially identical sections 824 of Pub. L. 104–330. This section is based on the text of section 824 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. Section 824 of Pub. L. 104–330, as added by Pub. L. 106–568, § 203, au- thorized appropriations for fiscal years 2000 to 2004, in- stead of fiscal years 2001 to 2005. CHAPTER 44—NATIVE AMERICAN BUSINESS DEVELOPMENT, TRADE PROMOTION, AND TOURISM Sec. 4301. Findings; purposes. 4302. Definitions. 4303. Office of Native American Business Develop- ment. 4304. Native American trade and export promotion. 4305. Intertribal tourism demonstration projects. 4306. Report to Congress. 4306a. Indian community development initiatives. 4307. Authorization of appropriations. § 4301. Findings; purposes (a) Findings Congress finds that— (1) clause 3 of section 8 of article I of the United States Constitution recognizes the spe- cial 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 re- affirmed the special government-to-govern- ment relationship between Indian Tribes and the United States; (3) in 1994, President Clinton issued an Exec- utive memorandum to the heads of depart- ments and agencies that obligated all Federal departments and agencies, particularly those that have an impact on economic develop- ment, 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 responsi- bility of the United States for the protection and preservation of Indian Tribes and the re- sources of Indian Tribes through the endorse- ment of treaties, and the enactment of other laws, including laws that provide for the exer- cise of administrative authorities; (6) the United States has an obligation to guard and preserve the sovereignty of Indian Page 680 TITLE 25—INDIANS § 4301 Tribes in order to foster strong Tribal govern- ments, Indian self-determination, and eco- nomic 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 In- dian Tribes to engage communities that sur- round Indian lands and outside investors in economic activities on Indian lands; (8) despite the availability of abundant nat- ural resources on Indian lands and a rich cul- tural legacy that accords great value to self- determination, self-reliance, and independ- ence, Native Americans suffer higher rates of unemployment, poverty, poor health, sub- standard housing, and associated social ills than those of any other group in the United States; (9) the United States has an obligation to as- sist Indian Tribes with the creation of appro- priate 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 out- side entities that are not Tribal entities; (10) the economic success and material well- being of Native American communities de- pends on the combined efforts of the Federal Government, Tribal governments, the private sector, and individuals; (11) the lack of employment and entrepre- neurial opportunities in the communities re- ferred to in paragraph (7) has resulted in a multigenerational dependence on Federal as- sistance that is— (A) insufficient to address the magnitude of needs; and (B) unreliable in availability; and (12) the twin goals of economic self-suffi- ciency and political self-determination for Na- tive 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 busi- nesses 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 In- dian 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. (c) Applicability to Indian-Owned Businesses The findings and purposes in subsections (a) and (b) shall apply to any Indian-owned business governed— (1) by Tribal laws regulating trade or com- merce on Indian lands; or (2) pursuant to section 261 of this title. (Pub. L. 106–464, § 2, Nov. 7, 2000, 114 Stat. 2012; Pub. L. 116–261, § 3(a), (e)(2), (3), Dec. 30, 2020, 134 Stat. 3307, 3311.) Editorial Notes AMENDMENTS 2020—Subsec. (a). Pub. L. 116–261, § 3(e)(2), (3), sub- stituted ‘‘Tribes’’ for ‘‘tribes’’ and ‘‘Tribal’’ for ‘‘tribal’’ wherever appearing. Subsec. (b). Pub. L. 116–261, § 3(e)(2), substituted ‘‘Tribes’’ for ‘‘tribes’’ wherever appearing. Subsec. (c). Pub. L. 116–261, § 3(a), added subsec. (c). Statutory Notes and Related Subsidiaries SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–261, § 1, Dec. 30, 2020, 134 Stat. 3306, pro- vided that: ‘‘This Act [enacting section 4306a of this title, amending this section and sections 47, 4302 to 4305, and 4307 of this title and sections 2991b, 2991b–2, 2991b–3, 2991c, 2992c, and 2992d of Title 42, The Public Health and Welfare, and enacting provisions set out as a note under this section] may be cited as the ‘Indian Community Economic Enhancement Act of 2020’.’’ SHORT TITLE Pub. L. 106–464, § 1, Nov. 7, 2000, 114 Stat. 2012, pro- vided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Native American Business Development, Trade Promotion, and Tourism Act of 2000’.’’ FINDINGS Pub. L. 116–261, § 2, Dec. 30, 2020, 134 Stat. 3306, pro- vided that: ‘‘Congress finds that— ‘‘(1)(A) to bring industry and economic development to Indian communities, Indian Tribes must overcome a number of barriers, including— ‘‘(i) geographical location; ‘‘(ii) lack of infrastructure or capacity; ‘‘(iii) lack of sufficient collateral and capital; and ‘‘(iv) regulatory bureaucracy relating to— ‘‘(I) development; and ‘‘(II) access to services provided by the Federal Government; and ‘‘(B) the barriers described in subparagraph (A) often add to the cost of doing business in Indian commu- nities; ‘‘(2) Indian Tribes— ‘‘(A) enact laws and exercise sovereign govern- mental powers; ‘‘(B) determine policy for the benefit of Tribal members; and ‘‘(C) produce goods and services for consumers; ‘‘(3) the Federal Government has— ‘‘(A) an important government-to-government rela- tionship with Indian Tribes; and ‘‘(B) a role in facilitating healthy and sustainable Tribal economies; ‘‘(4) the input of Indian Tribes in developing Federal policy and programs leads to more meaningful and ef- Page 681 TITLE 25—INDIANS § 4301 fective measures to assist Indian Tribes and Indian en- trepreneurs in building Tribal economies; ‘‘(5)(A) many components of Tribal infrastructure need significant repair or replacement; and ‘‘(B) access to private capital for projects in Indian communities— ‘‘(i) may not be available; or ‘‘(ii) may come at a higher cost than such access for other projects; ‘‘(6)(A) Federal capital improvement programs, such as those that facilitate tax-exempt bond financing and loan guarantees, are tools that help improve or replace crumbling infrastructure; ‘‘(B) lack of parity in treatment of an Indian Tribe as a governmental entity under Federal tax and certain other regulatory laws impedes, in part, the ability of Indian Tribes to raise capital through issuance of tax exempt debt, invest as an accredited investor, and ben- efit from other investment incentives accorded to State and local governmental entities; and ‘‘(C) as a result of the disparity in treatment of In- dian Tribes described in subparagraph (B), investors may avoid financing, or demand a premium to finance, projects in Indian communities, making the projects more costly or inaccessible; ‘‘(7) there are a number of Federal loan guarantee programs available to facilitate financing of business, energy, economic, housing, and community develop- ment projects in Indian communities, and those pro- grams may support public-private partnerships for in- frastructure development, but improvements and sup- port are needed for those programs specific to Indian communities to facilitate more effectively private fi- nancing for infrastructure and other urgent develop- ment needs; and ‘‘(8)(A) most real property held by Indian Tribes is trust or restricted land that essentially cannot be held as collateral; and ‘‘(B) while creative solutions, such as leasehold mort- gages, have been developed in response to the problem identified in subparagraph (A), some solutions remain subject to review and approval by the Bureau of Indian Affairs, adding additional costs and delay to Tribal projects.’’ TRIBAL PROMISE ZONES Pub. L. 115–334, title XII, § 12510, Dec. 20, 2018, 132 Stat. 4990, provided that: ‘‘(a) IN GENERAL.—In this section, the term ‘Tribal Promise Zone’ means an area that— ‘‘(1) is nominated by 1 or more Indian tribes (as de- fined in section 4(13) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(13))) for designation as a Tribal Promise Zone (in this section referred to as a ‘nominated zone’); ‘‘(2) has a continuous boundary; and ‘‘(3) the Secretary [of Agriculture] designates as a Tribal Promise Zone, after consultation with the Sec- retary of Commerce, the Secretary of Education, the Attorney General, the Secretary of the Interior, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, the Sec- retary of Labor, the Secretary of the Treasury, the Secretary of Transportation, and other agencies as appropriate. ‘‘(b) AUTHORIZATION AND NUMBER OF DESIGNATIONS.— Not later than 1 year after the date of enactment of this Act [Dec. 20, 2018], the Secretary shall nominate a minimum number of nominated zones, as determined by the Secretary in consultation with Indian tribes, to be designated as Tribal Promise Zones. ‘‘(c) PERIOD OF DESIGNATIONS.— ‘‘(1) IN GENERAL.—The Secretary shall designate nominated zones as Tribal Promise Zones before Jan- uary 1, 2020. ‘‘(2) EFFECTIVE DATES OF DESIGNATIONS.—The des- ignation of any Tribal Promise Zone shall take ef- fect— ‘‘(A) for purposes of priority consideration in Fed- eral grant programs and initiatives (other than this section), upon execution of the Tribal Promise Zone agreement with the Secretary; and ‘‘(B) for purposes of this section, on January 1 of the first calendar year beginning after the date of the execution of the Tribal Promise Zone agree- ment. ‘‘(3) TERMINATION OF DESIGNATIONS.—The designa- tion of any Tribal Promise Zone shall end on the ear- lier of— ‘‘(A)(i) with respect to a Tribal Promise Zone not described in paragraph (4), the end of the 10-year pe- riod beginning on the date that such designation takes effect; or ‘‘(ii) with respect to a Tribal Promise Zone de- scribed in paragraph (4), the end of the 10-year pe- riod beginning on the date the area was designated as a Tribal Promise Zone before the date of the en- actment of this Act; or ‘‘(B) the date of the revocation of such designa- tion. ‘‘(4) APPLICATION TO CERTAIN ZONES ALREADY DES- IGNATED.—In the case of any area designated as a Tribal Promise Zone by the Secretary before the date of the enactment of this Act, such area shall be deemed a Tribal Promise Zone designated under this section (notwithstanding whether any such designa- tion has been revoked before the date of the enact- ment of this Act) and shall reduce the number of Tribal Promise Zones remaining to be designated under paragraph (1). ‘‘(d) LIMITATIONS ON DESIGNATIONS.—No area may be designated under this section unless— ‘‘(1) the entities nominating the area have the au- thority to nominate the area of designation under this section; ‘‘(2) such entities provide written assurances satis- factory to the Secretary that the competitiveness plan described in the application under subsection (e) for such area will be implemented and that such enti- ties will provide the Secretary with such data regard- ing the economic conditions of the area (before, dur- ing, and after the area’s period of designation as a Tribal Promise Zone) as the Secretary may require; and ‘‘(3) the Secretary determines that any information furnished is reasonably accurate. ‘‘(e) APPLICATION.—No area may be designated under this section unless the application for such designa- tion— ‘‘(1) demonstrates that the nominated zone satisfies the eligibility criteria described in subsection (a); and ‘‘(2) includes a competitiveness plan that— ‘‘(A) addresses the need of the nominated zone to attract investment and jobs and improve edu- cational opportunities; ‘‘(B) leverages the nominated zone’s economic strengths and outlines targeted investments to de- velop competitive advantages; ‘‘(C) demonstrates collaboration across a wide range of stakeholders; ‘‘(D) outlines a strategy that connects the nomi- nated zone to drivers of regional economic growth; and ‘‘(E) proposes a strategy for focusing on increased access to high quality affordable housing and im- proved public safety. ‘‘(f) SELECTION CRITERIA.— ‘‘(1) IN GENERAL.—From among the nominated zones eligible for designation under this section, the Sec- retary shall designate Tribal Promise Zones on the basis of— ‘‘(A) the effectiveness of the competitiveness plan submitted under subsection (e) and the assurances made under subsection (d); ‘‘(B) unemployment rates, poverty rates, vacancy rates, crime rates, and such other factors as the Secretary may identify, including household in- come, labor force participation, and educational at- tainment; and Page 682 TITLE 25—INDIANS § 4301 ‘‘(C) other criteria as determined by the Sec- retary. ‘‘(2) MINIMAL STANDARDS.—The Secretary may set minimal standards for the levels of unemployment and poverty that must be satisfied for designation as a Tribal Promise Zone.’’ GENERAL ACCOUNTING OFFICE STUDY Pub. L. 106–568, title IV, § 421, Dec. 27, 2000, 114 Stat. 2906, directed the Comptroller General to conduct a study and make findings and recommendations with re- spect to Federal programs designed to assist Indian tribes and tribal members with economic development, job creation, entrepreneurship, and business develop- ment, and to report to Congress not later than 1 year after Dec. 27, 2000. INDIAN TRIBAL REGULATORY REFORM AND BUSINESS DEVELOPMENT Pub. L. 106–447, Nov. 6, 2000, 114 Stat. 1934, as amended by Pub. L. 117–286, § 4(a)(185), Dec. 27, 2022, 136 Stat. 4326, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Indian Tribal Regu- latory Reform and Business Development Act of 2000’. ‘‘SEC. 2. FINDINGS; PURPOSES. ‘‘(a) FINDINGS.—Congress finds that— ‘‘(1) despite the availability of abundant natural re- sources 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, sub- standard 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 In- dian 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 Con- gress 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 eco- nomic 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 fol- lows: ‘‘(1) To provide for a comprehensive review of the laws (including regulations) that affect investment and business decisions concerning activities con- ducted on Indian lands. ‘‘(2) To determine the extent to which those laws unnecessarily or inappropriately impair— ‘‘(A) investment and business development on In- dian lands; or ‘‘(B) the financial stability and management effi- ciency of Indian tribal governments. ‘‘(3) To establish an authority to conduct the re- view under paragraph (1) and report findings and rec- ommendations that result from the review to Con- gress and the President. ‘‘SEC. 3. DEFINITIONS. ‘‘In this Act: ‘‘(1) AUTHORITY.—The term ‘Authority’ means the Regulatory Reform and Business Development on In- dian 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-De- termination and Education Assistance Act (25 U.S.C. 450b(d)) [now 25 U.S.C. 5304(d)]. ‘‘(4) INDIAN LANDS.— ‘‘(A) IN GENERAL.—The term ‘Indian lands’ in- cludes 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 sub- paragraph (A)(ii), the term ‘former Indian reserva- tions in Oklahoma’ shall be construed to include lands that are— ‘‘(i) within the jurisdictional areas of an Okla- homa Indian tribe (as determined by the Sec- retary 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)) [now 25 U.S.C. 5304(e)]. ‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary of Commerce. ‘‘(7) TRIBAL ORGANIZATION.—The term ‘tribal organi- zation’ 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)) [now 25 U.S.C. 5304(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 Sec- retary, in consultation with the Secretary of the In- terior and other officials whom the Secretary deter- mines 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 obsta- cles 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 mem- bers 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 rep- resentatives of nongovernmental economic activities carried out by private enterprises in the private sec- tor. ‘‘(c) INITIAL MEETING.—Not later than 90 days after the date of enactment of this Act [Nov. 6, 2000], the Au- thority shall hold its initial meeting. ‘‘(d) REVIEW.—Beginning on the date of the initial meeting under subsection (c), the Authority shall con- duct a review of laws (including regulations) relating to investment, business, and economic development that affect investment and business decisions con- cerning 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 Au- thority shall constitute a quorum, but a lesser number of members may hold hearings. Page 683 TITLE 25—INDIANS § 4302 ‘‘(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 Sen- ate, the Committee on Resources [now Committee on Natural 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 hear- ings, 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 Au- thority. ‘‘(b) INFORMATION FROM FEDERAL AGENCIES.—The Au- thority may secure directly from any Federal depart- ment or agency such information as the Authority con- siders necessary to carry out the duties of the Author- ity. ‘‘(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 dis- pose of gifts or donations of services or property. ‘‘SEC. 7. AUTHORITY PERSONNEL MATTERS. ‘‘(a) COMPENSATION OF MEMBERS.— ‘‘(1) NON-FEDERAL MEMBERS.—Members of the Au- thority who are not officers or employees of the Fed- eral Government shall serve without compensation, except for travel expenses as provided under sub- section (b). ‘‘(2) OFFICERS AND EMPLOYEES OF THE FEDERAL GOV- ERNMENT.—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 Author- ity 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 serv- ices 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 equiva- lent of the annual rate of basic pay prescribed under GS–13 of the General Schedule established under sec- tion 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 re- port prepared under section 5 to the committees of Con- gress specified in section 5 and to the governing body of each Indian tribe. ‘‘SEC. 9. EXEMPTION FROM CHAPTER 10 OF TITLE, UNITED STATES CODE. ‘‘The activities of the Authority conducted under this Act shall be exempt from chapter 10 of title 5, United States Code. ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ‘‘There are authorized to be appropriated such sums as are necessary to carry out this Act, to remain avail- able until expended.’’ § 4302. Definitions In this chapter: (1) Director The term ‘‘Director’’ means the Director of Native American Business Development ap- pointed pursuant to section 4303(a)(2) of this title. (2) Eligible entity The term ‘‘eligible entity’’ means an Indian Tribe or Tribal organization, an Indian arts and crafts organization, as that term is de- fined in section 305a of this title, a Tribal en- terprise, a Tribal marketing cooperative (as that term is defined by the Secretary, in con- sultation with the Secretary of the Interior), or any other Indian-owned business. (3) Indian The term ‘‘Indian’’ has the meaning given that term in section 5304(d) of this title. (4) Indian goods and services 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 eli- gible entity; and (C) services provided by eligible entities. (5) Indian lands (A) In general The term ‘‘Indian lands’’ includes lands under the definition of— (i) the term ‘‘Indian country’’ under sec- tion 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) Former Indian reservations in Oklahoma For purposes of applying section 1452(d) of this title under subparagraph (A)(ii), the term ‘‘former Indian reservations in Okla- homa’’ 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). (6) Indian-owned business 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). (7) Indian Tribe The term ‘‘Indian Tribe’’ has the meaning given the term ‘‘Indian tribe’’ in section 5304(e) of this title. (8) Office The term ‘‘Office’’ means the Office of Na- tive American Business Development estab- lished by section 4303(a)(1) of this title.