NCAI-IGA Taskforce Nov 2023

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 RIORITIES – ADMINISTRATION Below are top-line policy steps the Administration and federal agencies should take to enhance Tribal N ations’ ability to grow vibrant economies based on their distinct needs and goals. These consensus priorities are endorsed by the 12 contributing Native organizations below. For more, visit: https://www.ncaied.org/indian-country-policy-priorities/.

AGENCY KEY: BIA (Bureau of Indian Affairs) , CDFI Fund (Community Development Financial Institutions Fund) , DOD (Department of Defense) , DOE (Department of Energy) , DOI (Department of the Interior) , DOL (Department of Labor) , DOT (Department of Transportation) , FCC (Federal Communications Commission) , FDIC (Federal Deposit Insurance Corporation) , FHLB (Federal Home Loan Banks) , FRB (Federal Reserve Bank) , GSA (General Services Administration) , HUD (Department of Housing and Urban Development) , IRS (Internal Revenue Service) , NASA (National Aeronautics and Space Administration) , SBA (Small Business Administration) , USDA (U.S. Department of Agriculture) , USTR (Office of the U.S. Trade Representative) , WH (White House) A CCESS TO C APITAL AND C REDIT

❖ Hold Banks Accountable to New Community Reinvestment Act (CRA) Regulations to Increase Access to Capital and Credit on Tribal Lands: Institute targeted cross-agency comprehensive plan to compel banks to abide by the CRA’s new Indian Country -focused provisions; plan should feature agency cooperative agreements with national Native organization partners ( FDIC, FRB, Treasury ). ❖ Ensure the New CDFI Certification Regulations Strengthen (and Not Harm) the Native CDFI Industry: The new regulations should address the complexities involved with lending in Indian Country and respect the diverse, innovative solutions Native CDFIs deploy to provide affordable lending products in Native communities ignored by traditional banking institutions ( Treasury/CDFI Fund ). E NHANCING M ARKETPLACE C OMPETITIVENESS ❖ Strengthen Implementation of Key Indian Community Economic Enhancement (ICEE) Act Provisions: including (1) providing Tribal Nations and national Native organizations a full accounting of the federal government’s exercise of Buy Indian Act authority for its use of Native labor and purchases of goods and services from tribally owned and Native-owned companies and federal plans to increase them ( DOI, HHS ), and (2) launching a comprehensive plan governing how the covered agencies will coordinate to support Indian Country economic growth ( Commerce, DOI, Treasury ). ❖ Ensure Tribal Governments Receive Their Fair Share of the State Small Business Credit Initiative’s Investing in America Small Business Opportunity Program: to provide legal, accounting, and financial advisory support to Native-owned businesses ( Treasury ).

❖ Forge Cooperative Agreement between Native CDFIs and HUD, Fannie Mae, and Freddie Mac: that creates targeted secondary markets for the purpose of recapitalizing those CDFIs to expand their power to lend to Native communities ( HUD ) . ❖ Create a Targeted Federal Home Loan Bank Program Advancing Indian Country Economic Prosperity: similar to the successful Affordable Housing Program FHLB operates, with seats for Native CDFI leaders on the new program’s advisory board ( FHLB ). ❖ Confer Automatic Minority Lending Institution Designations on Certified Native CDFIs: which will increase federal funding to those under-resourced lenders and reduce their administrative burdens, among other benefits ( Treasury/CDFI Fund ). ❖ Revise DOT’s Disadvantaged Business Enterprise (DBE) Program: to (1) recognize tribally owned firms as economically and socially disadvantaged without requiring them to submit proof of personal net worth of board members or executives, and (2) confer DBE certification on those firms that have qualified for or currently participate in SBA ’s 8(a), Small Disadvantaged Business, and/or HUBZone programs to give them a fair chance to compete ( DOT ). ❖ Amend Federal Acquisition Regulations to Require Consideration of Sister Subsidiary Performance: to state “the evaluation… must take into account past performance information regarding predecessor companies” so tribally owned and Native-owned firms can equitably compete for government contracts based on non- price factors ( DOD, GSA, NASA ).

ENDORSING NATIVE ORGANIZATIONS

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