25 U.S.C. § 4302 — Definitions

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. Page 684 TITLE 25—INDIANS § 4303 (9) Secretary The term ‘‘Secretary’’ means the Secretary of Commerce. (10) Tribal enterprise The term ‘‘Tribal enterprise’’ means a com- mercial activity or business managed or con- trolled by an Indian Tribe. (11) Tribal organization The term ‘‘Tribal organization’’ has the meaning given that term in section 5304(l) of this title. (Pub. L. 106–464, § 3, Nov. 7, 2000, 114 Stat. 2013; Pub. L. 116–261, § 3(b), (e), Dec. 30, 2020, 134 Stat. 3307, 3311.) Editorial Notes AMENDMENTS 2020—Par. (1). Pub. L. 116–261, § 3(e)(1)(A), which di- rected substitution of ‘‘Tribe’’ for ‘‘tribe’’ in par. (1), could not be executed because the term ‘‘tribe’’ does not appear. See below. Pub. L. 116–261, § 3(b)(2), added par. (1). Former par. (1) redesignated (2). Par. (2). Pub. L. 116–261, § 3(e)(3), substituted ‘‘Tribal’’ for ‘‘tribal’’ wherever appearing. Pub. L. 116–261, § 3(e)(1)(A), which directed substi- tution of ‘‘Tribe’’ for ‘‘tribe’’ in par. (1), was executed by making the substitution in par. (2) in light of the in- tervening amendment by Pub. L. 116–261, § 3(b)(1), redes- ignating former par. (1) as (2), to reflect the probable intent of Congress. See below. Pub. L. 116–261, § 3(b)(1), redesignated par. (1) as (2). Former par. (2) redesignated (3). Par. (3). Pub. L. 116–261, § 3(b)(1), redesignated par. (2) as (3). Former par. (3) redesignated (4). Par. (4). Pub. L. 116–261, § 3(e)(1)(A), which directed substitution of ‘‘Tribe’’ for ‘‘tribe’’ in par. (4), could not be executed because the term ‘‘tribe’’ does not appear. See below. Pub. L. 116–261, § 3(b)(1), redesignated par. (3) as (4). Former par. (4) redesignated (5). Par. (5). Pub. L. 116–261, § 3(b)(1), redesignated par. (4) as (5). Former par. (5) redesignated (6). Par. (5)(B)(i). Pub. L. 116–261, § 3(e)(1)(A), which di- rected substitution of ‘‘Tribe’’ for ‘‘tribe’’ in par. (4), was executed by making the substitution in par. (5)(B)(i), in light of the intervening amendment by Pub. L. 116–261, § 3(b)(1), redesignating former par. (4) as (5), to reflect the probable intent of Congress. See above. Par. (6). Pub. L. 116–261, § 3(e)(2), substituted ‘‘Tribes’’ for ‘‘tribes’’. Pub. L. 116–261, § 3(e)(1)(B), which directed substi- tution of ‘‘The term ‘Indian Tribe’ has the meaning given the term ‘Indian tribe’ ’’ for ‘‘The term ‘Indian tribe’ has the meaning given that term’’ in par. (6), could not be executed because the phrase ‘‘The term ‘Indian tribe’ has the meaning given that term’’ does not appear. See below. Pub. L. 116–261, § 3(b)(1), redesignated par. (5) as (6). Former par. (6) redesignated (7). Par. (7). Pub. L. 116–261, § 3(e)(1)(B), which directed substitution of ‘‘The term ‘Indian Tribe’ has the mean- ing given the term ‘Indian tribe’ ’’ for ‘‘The term ‘In- dian tribe’ has the meaning given that term’’ in par. (6), was executed by making the substitution in par. (7) in light of the intervening amendment by Pub. L. 116–261, § 3(b)(1), redesignating former par. (6) as (7), to reflect the probable intent of Congress. See below. Pub. L. 116–261, § 3(b)(1), redesignated par. (6) as (7). Former par. (7) redesignated (9). Par. (8). Pub. L. 116–261, § 3(e)(1)(A), which directed substitution of ‘‘Tribe’’ for ‘‘tribe’’ in par. (8), could not be executed because the term ‘‘tribe’’ does not appear. See below. Pub. L. 116–261, § 3(b)(3), added par. (8). Former par. (8) redesignated (10). Par. (9). Pub. L. 116–261, § 3(b)(1), redesignated par. (7) as (9). Former par. (9) redesignated (11). Par. (10). Pub. L. 116–261, § 3(e)(3), substituted ‘‘Trib- al’’ for ‘‘tribal’’. Pub. L. 116–261, § 3(e)(1)(A), which directed substi- tution of ‘‘Tribe’’ for ‘‘tribe’’ in par. (8), was executed by making the substitution in par. (10) in light of the intervening amendment by Pub. L. 116–261, § 3(b)(1), re- designating former par. (8) as (10), to reflect the prob- able intent of Congress. See below. Pub. L. 116–261, § 3(b)(1), redesignated par. (8) as (10). Par. (11). Pub. L. 116–261, § 3(e)(3), substituted ‘‘Trib- al’’ for ‘‘tribal’’. Pub. L. 116–261, § 3(b)(1), redesignated par. (9) as (11). § 4303. Office of Native American Business Devel- opment (a) In general (1) Establishment There is established within the Office of the Secretary an office known as the Office of Na- tive American Business Development. (2) Director The Office shall be headed by a Director, ap- pointed by the Secretary, whose title shall be the Director of Native American Business De- velopment. The Director shall be compensated at a rate not to exceed level V of the Execu- tive 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 pro- grams that provide assistance, including fi- nancial and technical assistance, to eligible entities for increased business, the expansion of trade by eligible entities, and economic de- velopment 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 Inte- rior, the Small Business Administration, the Department of Labor, or any other Federal agency charged with Indian economic develop- ment responsibilities. (3) Activities In carrying out the duties described in para- graph (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 mate- rials; (D) the financing of business development seminars; (E) the facilitation of marketing; (F) the participation of appropriate Fed- eral agencies or eligible entities in trade fairs; (G) any activity that is not described in subparagraphs (A) through (F) that is re- lated to the development of appropriate markets; and