25 USC 4306a - Indian community development initiatives

U.S Code last checked for updates: Nov 22, 2024

§ 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;

(ii)

programs carried out using amounts in the Community Development Financial Institutions Fund established under section 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 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 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)

to ensure consultation with Indian Tribes regarding increasing investment in Indian communities and the development of the report required in paragraph (5); and

(5)

not less than once every 2 years, to provide a report to Congress regarding—

(A)

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

(c)

Indian Economic Development Feasibility Study

(1)

In general

(2)

Contents

The study shall include an assessment of each of the following:

(A)

In general

(B)

Financing assistance

(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

(Pub. L. 106–464, § 8, as added Pub. L. 116–261, § 3(d)(2), Dec. 30, 2020, 134 Stat. 3308.)

cite as: 25 USC 4306a