[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 519 Referred in House (RFH)]
2d Session
S. 519
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 20, 2004
Referred to the Committee on Resources
_______________________________________________________________________
AN ACT
To determine the feasibility of establishing an Indian Tribal
Development Corporation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Tribal Development
Corporation Feasibility Study Act of 2004''.
SEC. 2. FEASIBILITY STUDY.
Section 4(b) of the Native American Business Development, Trade
Promotion, and Tourism Act of 2000 (25 U.S.C. 4303(b)) is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following:
``(6) Tribal development corporation feasibility study.--
``(A) In general.--The Secretary shall establish
the Tribal Development Corporation Feasibility Study
Group (referred to in this paragraph as the `Group').
``(B) Members.--The Group shall be comprised of 12
members, as follows:
``(i) Representatives of indian tribes.--
Five members of the Group shall be
representatives of federally recognized Indian
tribes.
``(ii) Representatives of the alaska native
community.--Three members of the Group shall be
representatives of the Alaska Native Community.
``(iii) Representative of the native
hawaiian community.--One member of the Group
shall be a representative of the Native
Hawaiian Community.
``(iv) Representative of the private
sector.--Two members of the Group shall be
representatives of nongovernmental economic
activities carried out by private enterprises
in the private sector.
``(v) Federal officials.--One member of the
Group shall be a representative of the
Department of the Treasury with demonstrated
experience in international economic
development and international financial
institutions.
``(C) Chairperson.--The members of the Group shall
select a Chairperson.
``(D) Personnel and services.--
``(i) In general.--The Chairperson of the
Group may appoint and terminate such personnel
as are necessary to enable the Group to perform
its duties.
``(ii) Procurement of services.--The
Chairperson may procure such services as are
necessary to enable the Group to perform the
duties of the Group.
``(E) Study.--
``(i) In general.--Not later than 270 days
after the date of enactment of this
subparagraph, the Group shall--
``(I) conduct a study to determine
the feasibility of establishing an
Indian Tribal Development Corporation
(referred to in this subparagraph as
the `Corporation'); and
``(II) submit to the Committee on
Indian Affairs and the Committee on
Appropriations of the Senate and the
Committee on Resources and the
Committee on Appropriations of the
House of Representatives a report that
describes the results of the study and
any recommendations of the Group for
further legislative action.
``(ii) Contents.--The report shall
contain--
``(I) a discussion and
determination of the financial
feasibility of the Corporation,
including whether the Corporation can
be, over the long term, financially
self-sustainable;
``(II) a discussion and
determination of the probable economic
impact of the Corporation, including a
demonstration of the quantitative and
qualitative economic impact on Native
American communities;
``(III) a discussion and
determination of the best alternatives
in the structure, organization, and
lending terms and conditions of the
Corporation, including the most
appropriate structure of capital
contributions to best serve, and be
acceptable to, Native interests;
``(IV) a discussion and
determination of the basic terms and
conditions under which funding would be
provided to member Indian tribes;
``(V) a discussion of nonfinancial
and advisory activities to be
undertaken by the Corporation,
including the use of diagnostic studies
by the Corporation to--
``(aa) identify tribal,
Federal, or State policies and
legal and regulatory conditions
and infrastructure deficiencies
that impede investment, both
private and public, needed to
promote economic development;
``(bb) provide specific
recommendations for remedial
actions that can be undertaken
by an Indian tribe to overcome
such inhibitors of investment;
and
``(cc) identify and
establish the terms for pre-
appraisal studies of investment
opportunities, both private and
public, that can be developed
and promoted by an Indian
tribe; and
``(VI) a discussion and
determination of--
``(aa) the capital
structure of the Corporation,
including the optimal level of
initial capital contributions
by both Indian tribes and the
United States Government; and
``(bb) the financial
instruments that will be
required by the Corporation to
ensure its success.
``(F) Termination of study group.--The Group shall
terminate 120 days after the date on which the Group
submits the report under subparagraph (E).
``(G) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph--
``(i) $3,000,000 for fiscal year 2005; and
``(ii) $2,000,000 for fiscal year 2006.''.
Passed the Senate November 19, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary.