[Senate Report 117-234]
[From the U.S. Government Publishing Office]
Calendar No. 592
117th Congress } { Report
SENATE
2d Session } { 117-234
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A BILL TO AMEND THE NATIVE AMERICAN TOURISM AND IMPROVING VISITOR
EXPERIENCE ACT TO AUTHORIZE GRANTS TO INDIAN TRIBES, TRIBAL
ORGANIZATIONS, AND NATIVE HAWAIIAN ORGANIZATIONS, AND FOR OTHER
PURPOSES
_______
December 6, 2022.--Ordered to be printed
_______
Mr. Schatz, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 3789]
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which was referred the
bill, S. 3789, to amend the Native American Tourism and
Improving Visitor Experience Act to authorize grants to Indian
tribes, tribal organizations, and Native Hawaiian
organizations, and for other purposes, having considered the
same, reports favorably thereon with an amendment, in the
nature of a substitute, and recommends that the bill, as
amended, do pass.
PURPOSE
S. 3789 would clarify that Bureau of Indian Affairs (BIA)
and the Office of Native Hawaiian Relations (ONHR) have the
authority to issue grants established under the Native American
Tourism and Improving Visitor Experience (NATIVE) Act and
authorizes appropriations for those purposes.
BACKGROUND AND NEED FOR LEGISLATION
In 2016, Congress enacted the NATIVE Act.\1\ A key purpose
of the NATIVE Act is to provide grants, loans, and technical
assistance to Indian Tribes, Tribal organizations, and Native
Hawaiian organizations to assist in developing tourism in
Native communities and enhancing opportunities for visitors to
learn about Native American history, culture, traditional
foods, languages, and arts.
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\1\Pub. L. No. 114-221, 130 Stat. 847.
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The NATIVE Act provides funding for grants to meet the
purposes of the law, but it does not authorize BIA or ONHR to
issue the grants, which led to implementation challenges.\2\
The amendments to the NATIVE Act in S. 3789 correct this issue
by clearly authorizing the BIA and ONHR, along with several
other federal agencies, to issue these grants.
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\2\For example, in FY 2022, the Department of the Interior
partnered with the National Park Service to issue NATIVE Act grants to
eligible Native Hawaiian organizations because ONHR currently does not
have grant issuing authority.
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SUMMARY OF S. 3789
S. 3789 amends the NATIVE Act to authorize the BIA, ONHR,
and other federal agencies to implement grant programs for
Tribes, Tribal organizations, and Native Hawaiian
organizations; and provides for authorization of appropriations
of such sums as necessary to carry out grant-making activities.
SECTION-BY-SECTION ANALYSIS OF S. 3789 AS ORDERED REPORTED
Section 1. Native American Tourism grant programs
This section makes technical edits to the NATIVE Act (25
U.S.C. 4351 et seq.) in order to authorize the BIA and ONHR to
make grants to Indian Tribes and Native Hawaiian organizations.
The heads of other federal agencies, including the Secretaries
of Commerce, Transportation, Agriculture, Health and Human
Services, and Labor, may also make grants to Indian Tribes,
Tribal organizations, Native Hawaiian organizations under the
NATIVE Act. This section also authorizes appropriations in such
sums as necessary to implement the grant program.
LEGISLATIVE HISTORY
Senator Brian Schatz (D-HI) introduced S. 3789 on March 10,
2022. The Senate referred the bill to the Senate Committee on
Indian Affairs on the same day. On March 23, 2022, the
Committee held a legislative hearing to consider the bill. On
May 17, 2022, Senator Lisa Murkowski (R-AK) joined as a co-
sponsor. On May 18, 2022, the Committee met at a duly convened
business meeting to consider S. 3789. Senator Schatz timely
filed one amendement in the nature of a substitute to provide
additional federal agencies with authority to implement the
NATIVE Act grant program. Senator Schatz withdrew this
amendment. Senators Schatz and Murkowski filed an untimely
amendment in the nature of a substitute to provide additional
federal agencies with authority to implement the NATIVE Act
grant program. Pursuant to Committee Rule 5(c), the Schatz-
Murkowski amendment was adopted and S. 3789 was ordered to be
reported favorably with an amendment in the nature of a
substitute. At this time, there is no House companion bill.
COST AND BUDGETARY CONSIDERATIONS
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 27, 2022.
Hon. Brian Schatz,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed table summarizing estimated budgetary
effects and mandates information for some of the legislation
that has been ordered reported by the Senate Committee on
Indian Affairs during the 117th Congress.
If you wish further details, we will be pleased to provide
them. The CBO staff contact for each estimate is listed on the
enclosed table.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
ESTIMATED BUDGETARY EFFECTS AND MANDATES INFORMATION
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Spending Subject Pay-As-You-Go Long-Term
Bill Title Status Last Action Budget Function Direct Spending, Revenues, 2023- to Appropriation, Procedures Point of Mandates Contact
Number 2023-2032 2032 2023-2027 Apply? Order?
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S. 3789 a bill to amend Ordered 05/18/22 450 0 0 Not estimated No No No Julia Aman
the Native reported
American
Tourism and
Improving
Visitor
Experience Act
to authorize
grants to
Indian tribes,
tribal
organizations,
and Native
Hawaiian
organizations,
and for other
purposes
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S. 3789 would authorize the appropriation of whatever amounts are necessary for the Bureau of Indian Affairs and the Office of Native Hawaiian Relations to award grants to Indian tribes,
tribal organizations, and Native Hawaiian organizations for activities related to recreational travel and tourism. CBO estimates that enacting S. 3789 would not affect direct spending or
revenues. CBO has not estimated the discretionary costs of implementing the bill. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform
Act.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 3789 will
have minimal impact on regulatory or paperwork requirements.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S. 3789.
CHANGES IN EXISTING LAW
On February 11, 2021 the Committee unanimously approved a
motion to waive subsection 12 of rule XXVI of the Standing
Rules of the Senate. In the opinion of the Committee, it is
necessary to dispense with subsection 12 of rule XXVI of the
Standing Rules of the Senate to expedite the business of the
Senate.
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