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25 U.S.C. § 4306a — Indian community development initia-

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 4306a — Indian community development initia-

Page 687 TITLE 25—INDIANS § 4306a sultation with the Director, shall prepare and submit to the Committee on Indian Affairs of the Senate and the Committee on Resources of the House of Representatives a report on the op- eration of the Office. (b) Contents of report Each report prepared under subsection (a) shall include— (1) for the period covered by the report, a summary of the activities conducted by the Secretary, acting through the Director, in car- rying out sections 4303 through 4305 of this title; and (2) any recommendations for legislation that the Secretary, in consultation with the Direc- tor, determines to be necessary to carry out sections 4303 through 4305 of this title. (Pub. L. 106–464, § 7, Nov. 7, 2000, 114 Stat. 2018.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. § 4306a. Indian community development initia- tives (a) Interagency coordination Not later than 1 year after December 30, 2020, the Secretary, the Secretary of the Interior, and the Secretary of the Treasury shall coordinate— (1) to develop initiatives that— (A) encourage, promote, and provide edu- cation regarding investments in Indian com- munities through— (i) the loan guarantee program of Bureau of Indian Affairs under section 1481 of this title; (ii) programs carried out using amounts in the Community Development Financial Institutions Fund established under sec- tion 4703(a) of title 12; and (iii) other capital development programs; (B) examine and develop alternatives that would qualify as collateral for financing in Indian communities; and (C) provide ent

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Page 687 TITLE 25—INDIANS § 4306a sultation with the Director, shall prepare and submit to the Committee on Indian Affairs of the Senate and the Committee on Resources of the House of Representatives a report on the op- eration of the Office. (b) Contents of report Each report prepared under subsection (a) shall include— (1) for the period covered by the report, a summary of the activities conducted by the Secretary, acting through the Director, in car- rying out sections 4303 through 4305 of this title; and (2) any recommendations for legislation that the Secretary, in consultation with the Direc- tor, determines to be necessary to carry out sections 4303 through 4305 of this title. (Pub. L. 106–464, § 7, Nov. 7, 2000, 114 Stat. 2018.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. § 4306a. Indian community development initia- tives (a) Interagency coordination Not later than 1 year after December 30, 2020, the Secretary, the Secretary of the Interior, and the Secretary of the Treasury shall coordinate— (1) to develop initiatives that— (A) encourage, promote, and provide edu- cation regarding investments in Indian com- munities through— (i) the loan guarantee program of Bureau of Indian Affairs under section 1481 of this title; (ii) programs carried out using amounts in the Community Development Financial Institutions Fund established under sec- tion 4703(a) of title 12; and (iii) other capital development programs; (B) examine and develop alternatives that would qualify as collateral for financing in Indian communities; and (C) provide entrepreneur and other train- ing relating to economic development through tribally controlled colleges and uni- versities and other Indian organizations with experience in providing such training; (2) to consult with Indian Tribes and with the Securities and Exchange Commission to study, and collaborate to establish, regulatory changes necessary to qualify an Indian Tribe as an accredited investor for the purposes of sections 230.500 through 230.508 of title 17, Code of Federal Regulations (or successor regula- tions), consistent with the goals of promoting capital formation and ensuring qualifying In- dian Tribes have the ability to withstand in- vestment loss, on a basis comparable to other legal entities that qualify as accredited inves- tors who are not natural persons; (3) to identify regulatory, legal, or other barriers to increasing investment, business, and economic development, including quali- fying or approving collateral structures, meas- urements of economic strength, and contribu- tions of Indian economies in Indian commu- nities through the Authority established under section 4 of the Indian Tribal Regu- latory Reform and Business Development Act of 2000 (25 U.S.C. 4301 note); (4) to ensure consultation with Indian Tribes regarding increasing investment in Indian communities and the development of the re- port required in paragraph (5); and (5) not less than once every 2 years, to pro- vide a report to Congress regarding— (A) improvements to Indian communities resulting from such initiatives and rec- ommendations for promoting sustained growth of the Tribal economies; (B) results of the study and collaboration regarding the necessary changes referenced in paragraph (2) and the impact of allowing Indian Tribes to qualify as an accredited in- vestor; and (C) the identified regulatory, legal, and other barriers referenced in paragraph (3). (b) Waiver For assistance provided pursuant to section 4707 of title 12 to benefit Native Community De- velopment Financial Institutions, as defined by the Secretary of the Treasury, section 4707(e) of such title shall not apply. (c) Indian Economic Development Feasibility Study (1) In general The Government Accountability Office shall conduct a study and, not later than 18 months after December 30, 2020, submit to the Com- mittee 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 recommendations. (2) Contents The study shall include an assessment of each of the following: (A) In general The study shall assess current Federal cap- italization and related programs and serv- ices that are available to assist Indian com- munities with business and economic devel- opment, including manufacturing, physical infrastructure (such as telecommunications and broadband), community development, and facilities construction for such purposes. For each of the Federal programs and serv- ices identified, the study shall assess the current use and demand by Indian Tribes, in- dividuals, businesses, and communities of the programs, the capital needs of Indian Tribes, businesses, and communities related to economic development, the extent to which the programs and services overlap or are duplicative, and the extent that similar programs have been used to assist non-In- dian communities compared to the extent used for Indian communities. (B) Financing assistance The study shall assess and quantify the ex- tent of assistance provided to non-Indian Page 688 TITLE 25—INDIANS § 4307 borrowers and to Indian (both Tribal and in- dividual) borrowers (including information about such assistance as a percentage of need for Indian borrowers and for non-Indian borrowers, assistance to Indian borrowers and to non-Indian borrowers as a percentage of total applicants, and such assistance to Indian borrowers as individuals as compared to such assistance to Indian Tribes) through the loan programs, the loan guarantee pro- grams, or bond guarantee programs of the— (i) Department of the Interior; (ii) Department of Agriculture; (iii) Department of Housing and Urban Development; (iv) Department of Energy; (v) Small Business Administration; and (vi) Community Development Financial Institutions Fund of the Department of the Treasury. (C) Tax incentives The study shall assess and quantify the ex- tent of the assistance and allocations af- forded for non-Indian projects and for Indian projects pursuant to each of the following tax incentive programs: (i) New market tax credit. (ii) Low income housing tax credit. (iii) Investment tax credit. (iv) Renewable energy tax incentives. (v) Accelerated depreciation. (D) 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 invest- ment fund or bank. (Pub. L. 106–464, § 8, as added Pub. L. 116–261, § 3(d)(2), Dec. 30, 2020, 134 Stat. 3308.) Editorial Notes REFERENCES IN TEXT Section 4 of the Indian Tribal Regulatory Reform and Business Development Act of 2000 (25 U.S.C. 4301 note), referred to in subsec. (a)(3), is section 4 of Pub. L. 106–447, which is set out as a note under section 4301 of this title. PRIOR PROVISIONS A prior section 8 of Pub. L. 106–464, which was classi- fied to section 4307 of this title, was redesignated sec- tion 10 of Pub. L. 106–464 by Pub. L. 116–261, § 3(d)(1), Dec. 30, 2020, 134 Stat. 3308. § 4307. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this chapter, to remain available until expended. (Pub. L. 106–464, § 10, formerly § 8, Nov. 7, 2000, 114 Stat. 2018; renumbered § 10, Pub. L. 116–261, § 3(d)(1), Dec. 30, 2020, 134 Stat. 3308.) CHAPTER 44A—NATIVE AMERICAN TOURISM AND IMPROVING VISITOR EXPERIENCE Sec. 4351. Purposes. 4352. Definitions. 4353. Integrating Federal tourism assets to strengthen Native tourism opportunities. Sec. 4354. Native American tourism and branding en- hancement. 4355. Effect. § 4351. Purposes The purposes of this chapter are— (1) to enhance and integrate Native Amer- ican tourism— (A) to empower Native American commu- nities; and (B) to advance the National Travel and Tourism Strategy; (2) to increase coordination and collabora- tion between Federal tourism assets to sup- port Native American tourism and bolster rec- reational travel and tourism; (3) to expand heritage and cultural tourism opportunities in the United States to spur eco- nomic development, create jobs, and increase tourism revenues; (4) to enhance and improve self-determina- tion and self-governance capabilities in the Native American community and to promote greater self-sufficiency; (5) to encourage Indian tribes, tribal organi- zations, and Native Hawaiian organizations to engage more fully in Native American tourism activities to increase visitation to rural and remote areas in the United States that are too difficult to access or are unknown to domestic travelers and international tourists; (6) to provide grants, loans, and technical as- sistance to Indian tribes, tribal organizations, and Native Hawaiian organizations that will— (A) spur important infrastructure develop- ment; (B) increase tourism capacity; and (C) elevate living standards in Native American communities; and (7) to support the development of techno- logically innovative projects that will incor- porate recreational travel and tourism infor- mation and data from Federal assets to im- prove the visitor experience. (Pub. L. 114–221, § 2, Sept. 23, 2016, 130 Stat. 847.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 114–221, § 1, Sept. 23, 2016, 130 Stat. 847, pro- vided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Native American Tourism and Improving Visitor Experience Act’ or the ‘NATIVE Act’.’’ § 4352. Definitions In this chapter: (1) Agency The term ‘‘agency’’ has the meaning given the term in section 551 of title 5. (2) Indian tribe The term ‘‘Indian tribe’’ has the meaning given the term in section 5304 of this title. (3) Native Hawaiian organization The term ‘‘Native Hawaiian organization’’ means a nonprofit organization— (A) that serves the interests of Native Ha- waiians;

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 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

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Federal law — U.S. Code and appendices · legal_authorities

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

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 4306a — Indian community development initiatives

**(a) Interagency coordination** Not later than 1 year after December 30, 2020, the Secretary, the Secretary of the Interior, and the Secretary of the Treasury shall coordinate— (1) to develop initiatives that— (A) encourage, promote, and provide education regarding investments in Indian communities through— (i) the loan guarantee program of Bureau of Indian Affairs under [section 1481 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1481&num=0&edition=prelim); (ii) programs carried out using amounts in the Community Development Financial Institutions Fund established under [section 4703(a) of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4703/a&num=0&edition=prelim); and (iii) other capital development programs; (B) examine and develop alternatives that would qualify as collateral for financing in Indian communities; and (C) provide entrepreneur and other training relating to economic development through tribally controlled colleges and universities and other Indian organizations with experience in providing such training; (2) to consult with Indian Tribes and with the Securities and Exchange Commission to study, and collaborate to establish, regulatory changes necessary to qualify an Indian Tribe as an accredited investor for the purposes of sections 230.500 through 230.508 of title 17, Code of Federal Regulations (or successor regulations), consistent with the goals of promoting capital formation and ensuring qualifying Indian Tribes have the ability to withstand investment loss, on a basis comparable to other legal entities that qualify as accredited investors who are not natural persons; (3) to identify regulatory, legal, or other barriers to increasing inve

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