[116th Congress Public Law 261]
[From the U.S. Government Publishing Office]
[[Page 3305]]
INDIAN COMMUNITY ECONOMIC ENHANCEMENT ACT OF 2020
[[Page 134 STAT. 3306]]
Public Law 116-261
116th Congress
An Act
To amend the Native American Business Development, Trade Promotion, and
Tourism Act of 2000, the Buy Indian Act, and the Native American
Programs Act of 1974 to provide industry and economic development
opportunities to Indian communities. <<NOTE: Dec. 30, 2020 - [S.
212]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Indian Community
Economic Enhancement Act of 2020.>>
SECTION 1. <<NOTE: 25 USC 4301 note.>> SHORT TITLE.
This Act may be cited as the ``Indian Community Economic Enhancement
Act of 2020''.
SEC. 2. <<NOTE: 25 USC 4301 note.>> FINDINGS.
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 communities;
(2) Indian Tribes--
(A) enact laws and exercise sovereign governmental
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
relationship 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 effective measures to
assist Indian Tribes and Indian entrepreneurs 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--
[[Page 134 STAT. 3307]]
(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 benefit from other investment
incentives accorded to State and local governmental entities;
and
(C) as a result of the disparity in treatment of Indian
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 development projects in Indian
communities, and those programs may support public-private
partnerships for infrastructure development, but improvements
and support are needed for those programs specific to Indian
communities to facilitate more effectively private financing for
infrastructure and other urgent development 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 mortgages,
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.
SEC. 3. NATIVE AMERICAN BUSINESS DEVELOPMENT, TRADE PROMOTION, AND
TOURISM ACT OF 2000.
(a) Findings; Purposes.--Section 2 of the Native American Business
Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4301)
is amended by adding at the end the following:
``(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 commerce on Indian
lands; or
``(2) pursuant to section 5 of the Act of August 15, 1876
(19 Stat. 200, chapter 289; 25 U.S.C. 261).''.
(b) Definitions.--Section 3 of the Native American Business
Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4302)
is amended--
(1) by redesignating paragraphs (1) through (6) and
paragraphs (7) through (9), as paragraphs (2) through (7) and
paragraphs (9) through (11), respectively;
(2) by inserting before paragraph (2) (as redesignated by
paragraph (1)) the following:
``(1) Director.--The term `Director' means the Director of
Native American Business Development appointed pursuant to
section 4(a)(2).''; and
[[Page 134 STAT. 3308]]
(3) by inserting after paragraph (7) (as redesignated by
paragraph (1)) the following:
``(8) Office.--The term `Office' means the Office of Native
American Business Development established by section 4(a)(1).''.
(c) Office of Native American Business Development.--Section 4 of
the Native American Business Development, Trade Promotion, and Tourism
Act of 2000 (25 U.S.C. 4303) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``Department of Commerce'' and
inserting ``Office of the Secretary''; and
(ii) by striking ``(referred to in this Act as
the `Office')''; and
(B) in paragraph (2), in the first sentence, by
striking ``(referred to in this Act as the
`Director')''; and
(2) by adding at the end the following:
``(c) Duties of Director.--
``(1) In general.--The Director shall serve as--
``(A) the program and policy advisor to the
Secretary with respect to the trust and governmental
relationship between the United States and Indian
Tribes; and
``(B) the point of contact for Indian Tribes, Tribal
organizations, and Indians regarding--
``(i) policies and programs of the Department
of Commerce; and
``(ii) other matters relating to economic
development and doing business in Indian lands.
``(2) Departmental coordination.--The Director shall
coordinate with all offices and agencies within the Department
of Commerce to ensure that each office and agency has an
accountable process to ensure--
``(A) meaningful and timely coordination and
assistance, as required by this Act; and
``(B) <<NOTE: Consultation.>> consultation with
Indian Tribes regarding the policies, programs,
assistance, and activities of the offices and agencies.
``(3) Office operations.--There are authorized to be
appropriated to carry out this section not more than $2,000,000
for each fiscal year.''.
(d) Indian Community Development Initiatives.--The Native American
Business Development, Trade Promotion, and Tourism Act of 2000 is
amended--
(1) by redesignating section 8 (25 U.S.C. 4307) as section
10; and
(2) by inserting after section 7 (25 U.S.C. 4306) the
following:
``SEC. 8. <<NOTE: 25 USC 4306a.>> INDIAN COMMUNITY DEVELOPMENT
INITIATIVES.
``(a) <<NOTE: Deadline.>> Interagency Coordination.--Not later than
1 year after the enactment of this section, 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--
[[Page 134 STAT. 3309]]
``(i) the loan guarantee program of Bureau of
Indian Affairs under section 201 of the Indian
Financing Act of 1974 (25 U.S.C. 1481);
``(ii) programs carried out using amounts in
the Community Development Financial Institutions
Fund established under section 104(a) of the
Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4703(a)); 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) <<NOTE: Consultation. Study.>> 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 investment, business, and economic development,
including qualifying or approving collateral structures,
measurements of economic strength, and contributions of Indian
economies in Indian communities through the Authority
established under section 4 of the Indian Tribal Regulatory
Reform and Business Development Act of 2000 (25 U.S.C. 4301
note);
``(4) <<NOTE: Consultation.>> to ensure consultation with
Indian Tribes regarding increasing investment in Indian
communities and the development of the report required in
paragraph (5); and
``(5) <<NOTE: Time period. Reports.>> not less than once
every 2 years, to provide a report to Congress regarding--
``(A) <<NOTE: Recommenda- tions.>> improvements to
Indian communities resulting from such initiatives and
recommendations 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 investor; and
``(C) the identified regulatory, legal, and other
barriers referenced in paragraph (3).
``(b) Waiver.--For assistance provided pursuant to section 108 of
the Community Development Banking and Financial Institutions Act of 1994
(12 U.S.C. 4707) to benefit Native Community Development Financial
Institutions, as defined by the Secretary of the Treasury, section
108(e) of such Act shall not apply.
``(c) Indian Economic Development Feasibility Study.--
``(1) <<NOTE: Deadline. Recommenda- tions.>> In general.--
The Government Accountability Office shall conduct a study and,
not later than 18 months after the date of enactment of this
subsection, submit to the Committee on Indian Affairs of the
Senate and the Committee
[[Page 134 STAT. 3310]]
on Natural Resources of the House of Representatives a report on
the findings of the study and recommendations.
``(2) <<NOTE: Assessments.>> Contents.--The study shall
include an assessment of each of the following:
``(A) In general.--The study shall assess current
Federal capitalization and related programs and services
that are available to assist Indian communities with
business and economic development, including
manufacturing, physical infrastructure (such as
telecommunications and broadband), community
development, and facilities construction for such
purposes. For each of the Federal programs and services
identified, the study shall assess the current use and
demand by Indian Tribes, individuals, 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-Indian
communities compared to the extent used for Indian
communities.
``(B) Financing assistance.--The study shall assess
and quantify the extent of assistance provided to non-
Indian borrowers and to Indian (both Tribal and
individual) 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 programs, 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 extent of the assistance and allocations
afforded 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 investment
fund or bank.''.
(e) Conforming and Technical Amendments.--The Native American
Business Development, Trade Promotion, and Tourism Act of 2000 (25
U.S.C. 4301 et seq.) is amended--
(1) <<NOTE: 25 USC 4302.>> in section 3--
[[Page 134 STAT. 3311]]
(A) in each of paragraphs (1), (4), and (8), by
striking ``tribe'' and inserting ``Tribe''; and
(B) in paragraph (6), by striking ``The term `Indian
tribe' has the meaning given that term'' and inserting
``The term `Indian Tribe' has the meaning given the term
`Indian tribe' '';
(2) <<NOTE: 25 USC 4301-4305.>> by striking ``tribes'' each
place the term appears and inserting ``Tribes''; and
(3) <<NOTE: 25 USC 4301, 4302, 4305.>> by striking
``tribal'' each place the term appears and inserting ``Tribal''.
SEC. 4. BUY INDIAN ACT.
Section 23 of the Act of June 25, 1910 (commonly known as the ``Buy
Indian Act'') (36 Stat. 861, chapter 431; 25 U.S.C. 47), is amended to
read as follows:
``SEC. 23. EMPLOYMENT OF INDIAN LABOR AND PURCHASE OF PRODUCTS OF
INDIAN INDUSTRY; PARTICIPATION IN MENTOR-
PROTEGE PROGRAM.
``(a) Definitions.--In this section:
``(1) Indian economic enterprise.--The term `Indian economic
enterprise' has the meaning given the term in section 1480.201
of title 48, Code of Federal Regulations (or successor
regulations).
``(2) Mentor firm; protege firm.--The terms `mentor firm'
and `protege firm' have the meanings given those terms in
section 831(c) of the National Defense Authorization Act for
Fiscal Year 1991 (10 U.S.C. 2302 note; Public Law 101-510).
``(3) Secretaries.--The term `Secretaries' means--
``(A) the Secretary of the Interior; and
``(B) the Secretary of Health and Human Services.
``(b) Enterprise Development.--
``(1) In general.--Unless determined by one of the
Secretaries to be impracticable and unreasonable--
``(A) Indian labor shall be employed; and
``(B) purchases of Indian industry products
(including printing and facilities construction,
notwithstanding any other provision of law) may be made
in open market by the Secretaries.
``(2) Mentor-protege program.--
``(A) In general.--Participation in the Mentor-
Protege Program established under section 831(a) of the
National Defense Authorization Act for Fiscal Year 1991
(10 U.S.C. 2302 note; Public Law 101-510) or receipt of
assistance under a developmental assistance agreement
under that program shall not render any individual or
entity involved in the provision of Indian labor or an
Indian industry product ineligible to receive assistance
under this section.
``(B) Treatment.--For purposes of this section, no
determination of affiliation or control (whether direct
or indirect) may be found between a protege firm and a
mentor firm on the basis that the mentor firm has
provided, or agreed to provide, to the protege firm,
pursuant to a mentor-protege agreement, any form of
developmental assistance described in section 831(f) of
the National Defense Authorization Act for Fiscal Year
1991 (10 U.S.C. 2302 note; Public Law 101-510).
[[Page 134 STAT. 3312]]
``(c) Implementation.--In carrying out this section, the Secretaries
shall--
``(1) conduct outreach to Indian industrial entities;
``(2) provide training;
``(3) <<NOTE: Regulations.>> promulgate regulations in
accordance with this section and with the regulations under part
1480 of title 48, Code of Federal Regulations (or successor
regulations), to harmonize the procurement procedures of the
Department of the Interior and the Department of Health and
Human Services, to the maximum extent practicable;
``(4) <<NOTE: Data.>> require regional offices of the
Bureau of Indian Affairs and the Indian Health Service to
aggregate data regarding compliance with this section;
``(5) <<NOTE: Reviews.>> require procurement management
reviews by their respective Departments to include a review of
the implementation of this section; and
``(6) <<NOTE: Consultation.>> consult with Indian Tribes,
Indian industrial entities, and other stakeholders regarding
methods to facilitate compliance with--
``(A) this section; and
``(B) other small business or procurement goals.
``(d) Report.--
``(1) <<NOTE: Time period.>> In general.--Not later than 1
year after the date of enactment of this section, and not less
frequently than once every 2 years thereafter, each of the
Secretaries shall submit to the Committee on Indian Affairs of
the Senate and the Committee on Natural Resources of the House
of Representatives a report describing, during the period
covered by the report, the implementation of this section by
each of the respective Secretaries.
``(2) Contents.--Each report under this subsection shall
include, for each fiscal year during the period covered by the
report--
``(A) the names of each agency under the respective
jurisdiction of each of the Secretaries to which this
section has been applied, and efforts made by additional
agencies within the Secretaries' respective Departments
to use the procurement procedures under this Act;
``(B) <<NOTE: Summary.>> a summary of the types of
purchases made from, and contracts (including any
relevant modifications, extensions, or renewals) awarded
to, Indian economic enterprises, expressed by agency
region;
``(C) a description of the percentage increase or
decrease in total dollar value and number of purchases
and awards made within each agency region, as compared
to the totals of the region for the preceding fiscal
year;
``(D) a description of the methods used by
applicable contracting officers and employees to conduct
market searches to identify qualified Indian economic
enterprises;
``(E) <<NOTE: Summary.>> a summary of all
deviations granted under section 1480.403 of title 48,
Code of Federal Regulations (or successor regulations),
including a description of--
``(i) the types of alternative procurement
methods used, including any Indian owned
businesses reported under other procurement goals;
and
``(ii) the dollar value of any awards made
pursuant to those deviations;
[[Page 134 STAT. 3313]]
``(F) <<NOTE: Summary.>> a summary of all
determinations made to provide awards to Indian economic
enterprises, including a description of the dollar value
of the awards;
``(G) <<NOTE: Summary.>> a description or summary
of the total number and value of all purchases of, and
contracts awarded for, supplies, services, and
construction (including the percentage increase or
decrease, as compared to the preceding fiscal year)
from--
``(i) Indian economic enterprises; and
``(ii) non-Indian economic enterprises;
``(H) <<NOTE: Recommenda- tions.>> any
administrative, procedural, legal, or other barriers to
achieving the purposes of this section, together with
recommendations for legislative or administrative
actions to address those barriers; and
``(I) for each agency region--
``(i) the total amount spent on purchases made
from, and contracts awarded to, Indian economic
enterprises; and
``(ii) a comparison of the amount described in
clause (i) to the total amount that the agency
region would likely have spent on the same
purchases made from a non-Indian economic
enterprise or contracts awarded to a non-Indian
economic enterprise.
``(e) Goals.--Each agency shall establish an annual minimum
percentage goal for procurement in compliance with this section.''.
SEC. 5. NATIVE AMERICAN PROGRAMS ACT OF 1974.
(a) Financial Assistance for Native American Projects.--Section 803
of the Native American Programs Act of 1974 (42 U.S.C. 2991b) is
amended--
(1) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Economic Development.--
``(1) In general.--The Commissioner may provide assistance
under subsection (a) for projects relating to the purposes of
this title to a Native community development financial
institution, as defined by the Secretary of the Treasury.
``(2) Priority.--With regard to not less than 50 percent of
the total amount available for assistance under this section,
the Commissioner shall give priority to any application seeking
assistance for--
``(A) the development of a Tribal code or court
system for purposes of economic development, including
commercial codes, training for court personnel,
regulation pursuant to section 5 of the Act of August
15, 1876 (19 Stat. 200, chapter 289; 25 U.S.C. 261), and
the development of nonprofit subsidiaries or other
Tribal business structures;
``(B) the development of a community development
financial institution, including training and
administrative expenses; or
``(C) the development of a Tribal master plan for
community and economic development and
infrastructure.''.
(b) Technical Assistance and Training.--Section 804 of the Native
American Programs Act of 1974 (42 U.S.C. 2991c) is amended--
[[Page 134 STAT. 3314]]
(1) in the matter preceding paragraph (1), by striking ``The
Commissioner'' and inserting the following:
``(a) In General.--The Commissioner''; and
(2) by adding at the end the following:
``(b) Priority.--In providing assistance under subsection (a), the
Commissioner shall give priority to any application described in section
803(b)(2).''.
(c) Authorization of Appropriations.--Section 816 of the Native
American Programs Act of 1974 (42 U.S.C. 2992d) is amended--
(1) by striking ``803(d)'' each place it appears and
inserting ``803(e)''; and
(2) in subsection (a)--
(A) by striking ``such sums as may be necessary''
and inserting ``$34,000,000''; and
(B) by striking ``1999, 2000, 2001, and 2002'' and
inserting ``2021 through 2025''.
(d) Conforming and Technical Amendments.--The Native American
Programs Act of 1974 (42 U.S.C. 2991 et seq.) is amended--
(1) <<NOTE: 42 USC 2991b, 2991b-3, 2992c.>> by striking
``tribe'' each place the term appears and inserting ``Tribe'';
(2) <<NOTE: 42 USC 2991b, 2991b-3.>> by striking ``tribes''
each place the term appears and inserting ``Tribes''; and
(3) <<NOTE: 42 USC 2991b, 2991b-2, 2991b-3.>> by striking
``tribal'' each place the term appears and inserting ``Tribal''.
Approved December 30, 2020.
LEGISLATIVE HISTORY--S. 212:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 116-605, Pt. 1 (Comm. on Natural Resources).
SENATE REPORTS: No. 116-28 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
Vol. 165 (2019):
June 27, considered and passed
Senate.
Vol. 166 (2020):
Dec. 3, considered and passed House,
amended.
Dec. 17, Senate concurred in House
amendment.
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