TRIBAL ECONOMIC DEVELOPMENT: I NDIAN C OUNTRY ’ S P OLICY P RIORITIES FOR THE F EDERAL G OVERNMENT
Across Indian Country, Tribal Nations are forging impressive records of economic progress. From operating nation-owned enterprises to cultivating tribal citizen-owned businesses to preparing their people to access new job opportunities through workforce education and training, Tribal Nations are methodically building sustainable economies to support thriving Native communities. Driving this remarkable yet uneven renaissance is tribal self-determination, specifically the responsibility each Tribal Nation exercises to create a robust economy based on its cultural values, particular circumstances, and long-range priorities. To support Tribal Nations, the federal government must fulfill its binding trust and treaty obligations to take key actions to foster – and remove the barriers impeding – their economy-building efforts.
P OLICY P RIORITIES – CONGRESS Below are top-line policy steps Congress should take to enhance Tribal N ations’ ability to grow vibrant economies based on their distinct challenges, needs, and goals. These consensus priorities are endorsed by the 12 contributing Native organizations below. For more, please visit: https://www.ncaied.org/indian-country-policy-priorities/.
A CCESS TO C APITAL AND C REDIT ❖ Increase Annual Native American CDFI Assistance (NACA) Program Funding to $50 million: to address the capital needs of Native community development financial institutions (CDFIs) and the eight-fold return on investment they produce in economic benefits. ❖ Increase Department of Interior (DOI) Indian Loan Guarantee and Insurance Program Annual Funding to at Least $25 Million: to expand flexible private financing of tribally and Native-owned businesses, increase the allocation for administrative expenses so DOI can hire more staff with banking experience, and double the aggregate value of loans subject to this unique federal guarantee. ❖ Pass the Native American Direct Loan (NADL) Improvement Act of 2023: to create a $5 million relending program enabling Native CDFIs to obtain an NADL loan at 1% interest and relend the funds to qualified Native veterans, and allow them to use NADL to refinance non-VA mortgages so they have the same ability as non- Natives to use their VA loan benefit to refinance mortgage loans. E NHANCING M ARKETPLACE C OMPETITIVENESS ❖ Extend the Buy Indian Act Across All Federal Agencies: Expand the Indian Community Economic Enhancement Act to extend its Buy Indian Act provisions to all federal agencies, which will equitably increase tribal/ Native businesses’ share of government contracts. ❖ Expand Section 823 of the 2020 National Defense Authorization Act (NDAA) Across All Federal Agencies: to raise the justification and approval threshold for sole-source federal contracts to Native entity-owned SBA 8(a) contractors from $25 million to $100 million for agencies other than the Department of Defense (DOD) based on the proven positive benefits for contractors and DOD customers. ❖ Increase Annual Funding for the DOD Indian Incentive Program to $35 Million: to fund DOD-approved applications for 5% incentive payments earned by DOD prime contractors that subcontracted DOD work performed by eligible Native businesses.
❖ Support the Small Business Administration (SBA) proposal for licensing new Small Business Lending Companies (SBLCs): to include at least one new license for a Mission-Based SBLC for Indian Country with eligible applicants to include Native CDFIs. ❖ Pass the Rural Housing Service Reform Act of 2023 (S. 1389): Title III of S. 1389 makes the successful USDA Section 502 relending demonstration program permanent, extends it across Indian Country, and authorizes $50 million to finance Native homeowners. ❖ Increase Annual HUD Section 4 Program Funding to $50 Million: and create a 10% set-aside for Native communities to ensure the program equitably serves low-income communities across the U.S. based on their affordable housing needs. ❖ Reclassify Contract Support Costs and Indian Self-Determination and Education Assistance Act of 1975 Section 105(l) Leases as Mandatory Spending: Mandatory, not discretionary, spending will provide greater funding resource certainty for Tribal Nations. ❖ Amend the 2017 Tax Cuts and Jobs Act to Expand the Number of Indian Country Opportunity Zones: by removing the statutory limit on how many eligible areas can be designated, which will foster economic and job growth in low-income tribal communities. ❖ Permanently Rescind SBA’s “Bona Fide Place of Business” Requirement: that renders 8(a) contractors ineligible for certain government construction contracts if they do not have a physical office headquarters in the state where the work is to take place, which unfairly harms emerging Native 8(a) contractors. ❖ Include Tax Immunity for Native Artists in the ARTIST Act of 2023: Strictly interpret the Constitution, which recognizes the status of “Indians not taxed,” to immunize Native artists who produce arts and crafts on tribal lands from income taxes; ensure Indian Arts and Crafts Act beneficiaries are enrolled tribal citizens.
ENDORSING NATIVE ORGANIZATIONS
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