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25 U.S.C. § 4303 — Office of Native American Business Development

submitted 26 years ago by Pub. L. 106-464 to r/title-25-INDIANS · 612 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section establishes the Office of Native American Business Development and assigns duties to the Secretary and Director. It authorizes business assistance but excludes gaming activities.

(a) The Commerce Secretary’s Office must contain an Office of Native American Business Development. A Secretary-appointed Director heads it, with compensation no higher than level V of the Executive Schedule. (b) Acting through the Director, the Secretary must coordinate Federal financial and technical assistance for eligible entities, expanded trade, and economic development on Indian lands, including programs of Interior, SBA, Labor, and other responsible agencies. The Secretary must coordinate or conduct legal, accounting, financial, market-survey, promotional, seminar, marketing, trade-fair, market-development, and other appropriate activities. The Secretary must provide eligible entities financial, technical, and administrative help to find and use business opportunities and comply with laws and regulatory practices, plus other needed assistance to improve Tribal economies. The Secretary must prioritize activities giving Indians the greatest economic benefit and fostering long-term stable Tribal economies. The Secretary may not provide assistance for gaming activities on Indian lands under the Indian Gaming Regulatory Act. (c) The Director advises the Secretary on the United States–Tribal trust and government relationship and serves as a contact for Tribes, Tribal organizations, and Indians on Commerce policies, programs, economic development, and doing business on Indian lands. The Director must coordinate Commerce offices so they provide meaningful, timely assistance and consult Tribes. Up to $2,000,000 may be appropriated for each fiscal year.

the actual law source: uscode.house.gov ↗public domain
(a) In general
(1) Establishment

There is established within the Office of the Secretary an office known as the Office of Native American Business Development.

(2) Director

The Office shall be headed by a Director, appointed by the Secretary, whose title shall be the Director of Native American Business Development. The Director shall be compensated at a rate not to exceed level V of the Executive 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 programs that provide assistance, including financial and technical assistance, to eligible entities for increased business, the expansion of trade by eligible entities, and economic development 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 Interior, the Small Business Administration, the Department of Labor, or any other Federal agency charged with Indian economic development responsibilities.

(3) Activities

In carrying out the duties described in paragraph (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 materials;

(D)

the financing of business development seminars;

(E)

the facilitation of marketing;

(F)

the participation of appropriate Federal agencies or eligible entities in trade fairs;

(G)

any activity that is not described in subparagraphs (A) through (F) that is related to the development of appropriate markets; and

(H)

any other activity that the Secretary, in consultation with the Director, determines to be appropriate to carry out this section.

(4) Assistance

In conjunction with the activities described in paragraph (3), the Secretary, acting through the Director, shall provide—

(A)

financial assistance, technical assistance, and administrative services to eligible entities to assist those entities with—

(i)

identifying and taking advantage of business development opportunities; and

(ii)

compliance with appropriate laws and regulatory practices; and

(B)

such other assistance as the Secretary, in consultation with the Director, determines to be necessary for the development of business opportunities for eligible entities to enhance the economies of Indian Tribes.

(5) Priorities

In carrying out the duties and activities described in paragraphs (3) and (4), the Secretary, acting through the Director, shall give priority to activities that—

(A)

provide the greatest degree of economic benefits to Indians; and

(B)

foster long-term stable economies of Indian Tribes.

(6) Prohibition

The Secretary may not provide under this section assistance for any activity related to the operation of a gaming activity on Indian lands pursuant to the Indian Gaming Regulatory Act [25 U.S.C. 2701 et seq.].

(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 chapter; and

(B)

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.

Source credit: (Pub. L. 106–464, § 4, Nov. 7, 2000, 114 Stat. 2015; Pub. L. 116–261, § 3(c), (e)(2), Dec. 30, 2020, 134 Stat. 3308, 3311.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 106-464 · 114 Stat. 2015
  • 2020Amended · Pub. L. 116-261 · 134 Stat. 3308, 3311

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-464 on 2000-11-07.

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