Browse Arkansas Code titles and sections
25 U.S.C. § 4306a — Indian community development initia-
Federal law — U.S. Code and appendices · legal_authorities
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;
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4301
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 4301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 4301
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 4301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4306a
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.