[114th Congress Public Law 221]
[From the U.S. Government Publishing Office]
[[Page 130 STAT. 847]]
Public Law 114-221
114th Congress
An Act
To enhance and integrate Native American tourism, empower Native
American communities, increase coordination and collaboration between
Federal tourism assets, and expand heritage and cultural tourism
opportunities in the United States. <<NOTE: Sept. 23, 2016 - [S.
1579]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Native American
Tourism and Improving Visitor Experience Act.>>
SECTION 1. <<NOTE: 25 USC 4351 note.>> SHORT TITLE.
This Act may be cited as the ``Native American Tourism and Improving
Visitor Experience Act'' or the ``NATIVE Act''.
SEC. 2. <<NOTE: 25 USC 4351.>> PURPOSES.
The purposes of this Act are--
(1) to enhance and integrate Native American tourism--
(A) to empower Native American communities; and
(B) to advance the National Travel and Tourism
Strategy;
(2) to increase coordination and collaboration between
Federal tourism assets to support Native American tourism and
bolster recreational travel and tourism;
(3) to expand heritage and cultural tourism opportunities in
the United States to spur economic development, create jobs, and
increase tourism revenues;
(4) to enhance and improve self-determination and self-
governance capabilities in the Native American community and to
promote greater self-sufficiency;
(5) to encourage Indian tribes, tribal organizations, 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) <<NOTE: Grants. Loans.>> to provide grants, loans, and
technical assistance to Indian tribes, tribal organizations, and
Native Hawaiian organizations that will--
(A) spur important infrastructure development;
(B) increase tourism capacity; and
(C) elevate living standards in Native American
communities; and
(7) to support the development of technologically innovative
projects that will incorporate recreational travel and tourism
information and data from Federal assets to improve the visitor
experience.
[[Page 130 STAT. 848]]
SEC. 3. <<NOTE: 25 USC 4352.>> DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 551 of title 5, United States Code.
(2) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(3) Native hawaiian organization.--The term ``Native
Hawaiian organization'' means a nonprofit organization--
(A) that serves the interests of Native Hawaiians;
(B) in which Native Hawaiians serve in substantive
and policymaking positions; and
(C) that is recognized for having expertise in
Native Hawaiian culture and heritage, including tourism.
(4) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
SEC. 4. <<NOTE: Plans. 25 USC 4353.>> INTEGRATING FEDERAL TOURISM
ASSETS TO STRENGTHEN NATIVE TOURISM
OPPORTUNITIES.
(a) Secretary of Commerce and Secretary of the Interior.--The
Secretary of Commerce and the Secretary of the Interior shall update the
respective management plans and tourism initiatives of the Department of
Commerce and the Department of the Interior to include Indian tribes,
tribal organizations, and Native Hawaiian organizations.
(b) Other Agencies.--The head of each agency that has recreational
travel or tourism functions or complementary programs shall update the
respective management plans and tourism strategies of the agency to
include Indian tribes, tribal organizations, and Native Hawaiian
organizations.
(c) Native American Tourism Plans.--
(1) In general.--The plans shall outline policy proposals--
(A) to improve travel and tourism data collection
and analysis;
(B) to increase the integration, alignment, and
utility of public records, publications, and Web sites
maintained by Federal agencies;
(C) to create a better user experience for domestic
travelers and international visitors;
(D) to align Federal agency Web sites and
publications;
(E) to support national tourism goals;
(F) to identify agency programs that could be used
to support tourism capacity building and help sustain
tourism infrastructure in Native American communities;
(G) to develop innovative visitor portals for parks,
landmarks, heritage and cultural sites, and assets that
showcase and respect the diversity of the indigenous
peoples of the United States;
(H) to share local Native American heritage through
the development of bilingual interpretive and
directional signage that could include or incorporate
English and the local Native American language or
languages; and
(I) to improve access to transportation programs
related to Native American community capacity building
[[Page 130 STAT. 849]]
for tourism and trade, including transportation planning
for programs related to visitor enhancement and safety.
(2) Consultation with indian tribes and native americans.--
In developing the plan under paragraph (1), the head of each
agency shall consult with Indian tribes and the Native American
community to identify appropriate levels of inclusion of the
Indian tribes and Native Americans in Federal tourism
activities, public records and publications, including Native
American tourism information available on Web sites.
(d) Technical Assistance.--
(1) <<NOTE: Consultation. Memorandum. Contracts.>> In
general.--The Secretary of the Interior, in consultation with
the Secretary of Commerce, shall enter into a memorandum of
understanding or cooperative agreement with an entity or
organization with a demonstrated record in tribal communities of
defining, introducing, developing, and sustaining American
Indian, Alaska Native, and Native Hawaiian tourism and related
activities in a manner that respects and honors native
traditions and values.
(2) Coordination.--The memorandum of understanding or
cooperative agreement described in paragraph (1) shall formalize
a role for the organization or entity to serve as a facilitator
between the Secretary of the Interior and the Secretary of
Commerce and the Indian tribes, tribal organizations, and Native
Hawaiian organizations--
(A) <<NOTE: Consultation.>> to identify areas where
technical assistance is needed through consultations
with Indian tribes, tribal organizations, and Native
Hawaiian organizations to empower the Indian tribes,
tribal organizations, and Native Hawaiian organizations
to participate fully in the tourism industry; and
(B) to provide a means for the delivery of technical
assistance and coordinate the delivery of the assistance
to Indian tribes, tribal organizations, and Native
Hawaiian organizations in collaboration with the
Secretary of the Interior, the Secretary of Commerce,
and other entities with distinctive experience, as
appropriate.
(3) Funding.--Subject to the availability of appropriations,
the head of each Federal agency, including the Secretary of the
Interior, the Secretary of Commerce, the Secretary of
Transportation, the Secretary of Agriculture, the Secretary of
Health and Human Services, and the Secretary of Labor shall
obligate any funds made available to the head of the agency to
cover any administrative expenses incurred by the organization
or entity described in paragraph (1) in carrying out programs or
activities of the agency.
(4) <<NOTE: Coordination.>> Metrics.--The Secretary of the
Interior and the Secretary of Commerce shall coordinate with the
organization or entity described in paragraph (1) to develop
metrics to measure the effectiveness of the entity or
organization in strengthening tourism opportunities for Indian
tribes, tribal organizations, and Native Hawaiian organizations.
(e) Reports.--Not later than 1 year after the date of enactment of
this Act, and occasionally thereafter, the Secretary of the Interior and
the Secretary of Commerce shall each submit to the Committee on Indian
Affairs of the Senate and the Committee on Natural Resources of the
House of Representatives a report that describes--
[[Page 130 STAT. 850]]
(1) the manner in which the Secretary of the Interior or the
Secretary of Commerce, as applicable, is including Indian
tribes, tribal organizations, and Native Hawaiian organizations
in management plans;
(2) the efforts of the Secretary of the Interior or the
Secretary of Commerce, as applicable, to develop departmental
and agency tourism plans to support tourism programs of Indian
tribes, tribal organizations, and Native Hawaiian organizations;
(3) the manner in which the entity or organization described
in subsection (d)(1) is working to promote tourism to empower
Indian tribes, tribal organizations, and Native Hawaiian
organizations to participate fully in the tourism industry; and
(4) the effectiveness of the entity or organization
described in subsection (d)(1) based on the metrics developed
under subsection (d)(4).
SEC. 5. <<NOTE: 25 USC 4354.>> NATIVE AMERICAN TOURISM AND
BRANDING ENHANCEMENT.
(a) In General.--The head of each agency shall--
(1) take actions that help empower Indian tribes, tribal
organizations, and Native Hawaiian organizations to showcase the
heritage, foods, traditions, history, and continuing vitality of
Native American communities;
(2) support the efforts of Indian tribes, tribal
organizations, and Native Hawaiian organizations--
(A) to identify and enhance or maintain traditions
and cultural features that are important to sustain the
distinctiveness of the local Native American community;
and
(B) to provide visitor experiences that are
authentic and respectful;
(3) provide assistance to interpret the connections between
the indigenous peoples of the United States and the national
identity of the United States;
(4) enhance efforts to promote understanding and respect for
diverse cultures and subcultures in the United States and the
relevance of those cultures to the national brand of the United
States; and
(5) <<NOTE: Memorandum. Partnerships.>> enter into
appropriate memoranda of understanding and establish public-
private partnerships to ensure that arriving domestic travelers
at airports and arriving international visitors at ports of
entry are welcomed in a manner that both showcases and respects
the diversity of Native American communities.
(b) Grants.--To the extent practicable, grant programs relating to
travel, recreation, or tourism administered by the Commissioner of the
Administration for Native Americans, Chairman of the National Endowment
for the Arts, Chairman of the National Endowment for the Humanities, or
the head of an agency with assets or resources relating to travel,
recreation, or tourism promotion or branding enhancement for which
Indian tribes, tribal organizations, or Native Hawaiian organizations
are eligible may be used--
(1) to support the efforts of Indian tribes, tribal
organizations, and Native Hawaiian organizations to tell the
story of Native Americans as the First Peoples of the United
States;
[[Page 130 STAT. 851]]
(2) to use the arts and humanities to help revitalize Native
communities, promote economic development, increase livability,
and present the uniqueness of the United States to visitors in a
way that celebrates the diversity of the United States; and
(3) to carry out this section.
(c) Smithsonian.-- <<NOTE: Partnerships.>> The Advisory Council and
the Board of Regents of the Smithsonian Institution shall work with
Indian tribes, tribal organizations, Native Hawaiian organizations, and
nonprofit organizations to establish long-term partnerships with non-
Smithsonian museums and educational and cultural organizations--
(1) to share collections, exhibitions, interpretive
materials, and educational strategies; and
(2) to conduct joint research and collaborative projects
that would support tourism efforts for Indian tribes, tribal
organizations, and Native Hawaiian organizations and carry out
the intent of this section.
SEC. 6. <<NOTE: 25 USC 4355.>> EFFECT.
Nothing in this Act alters, or demonstrates congressional support
for the alteration of, the legal relationship between the United States
and any American Indian, Alaska Native, or Native Hawaiian individual,
group, organization, or entity.
Approved September 23, 2016.
LEGISLATIVE HISTORY--S. 1579:
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HOUSE REPORTS: No. 114-721, Pt. 1 (Comm. on Natural Resources).
SENATE REPORTS: No. 114-201 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 162 (2016):
Apr. 25, considered and passed Senate.
Sept. 12, considered and passed House.
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