25 U.S.C. § 4301 : US Code - Section 4301: Findings; purposes

Search 25 U.S.C. § 4301 : US Code - Section 4301: Findings; purposes

(a) Findings
Congress finds that -
(1) clause 3 of section 8 of article I of the United States
Constitution recognizes the special relationship between the
United States and Indian tribes;
(2) beginning in 1970, with the inauguration by the Nixon
Administration of the Indian self-determination era, each
President has reaffirmed the special government-to-government
relationship between Indian tribes and the United States;
(3) in 1994, President Clinton issued an Executive memorandum
to the heads of departments and agencies that obligated all
Federal departments and agencies, particularly those that have an
impact on economic development, to evaluate the potential impacts
of their actions on Indian tribes;
(4) consistent with the principles of inherent tribal
sovereignty and the special relationship between Indian tribes
and the United States, Indian tribes retain the right to enter
into contracts and agreements to trade freely, and seek
enforcement of treaty and trade rights;
(5) Congress has carried out the responsibility of the United
States for the protection and preservation of Indian tribes and
the resources of Indian tribes through the endorsement of
treaties, and the enactment of other laws, including laws that
provide for the exercise of administrative authorities;
(6) the United States has an obligation to guard and preserve
the sovereignty of Indian tribes in order to foster strong tribal
governments, Indian self-determination, and economic self-
sufficiency among Indian tribes;
(7) the capacity of Indian tribes to build strong tribal
governments and vigorous economies is hindered by the inability
of Indian tribes to engage communities that surround Indian lands
and outside investors in economic activities on Indian lands;
(8) despite the availability of abundant natural resources on
Indian lands and a rich cultural legacy that accords great value
to self-determination, self-reliance, and independence, Native
Americans suffer higher rates of unemployment, poverty, poor
health, substandard housing, and associated social ills than
those of any other group in the United States;
(9) the United States has an obligation to assist Indian tribes
with the creation of appropriate economic and political
conditions with respect to Indian lands to -
(A) encourage investment from outside sources that do not
originate with the tribes; and
(B) facilitate economic ventures with outside entities that
are not tribal entities;
(10) the economic success and material well-being of Native
American communities depends on the combined efforts of the
Federal Government, tribal governments, the private sector, and
individuals;
(11) the lack of employment and entrepreneurial opportunities
in the communities referred to in paragraph (7) has resulted in a
multigenerational dependence on Federal assistance that is -
(A) insufficient to address the magnitude of needs; and
(B) unreliable in availability; and
(12) the twin goals of economic self-sufficiency and political
self-determination for Native Americans can best be served by
making available to address the challenges faced by those groups -

(A) the resources of the private market;
(B) adequate capital; and
(C) technical expertise.
(b) Purposes
The purposes of this chapter are as follows:
(1) To revitalize economically and physically distressed Native
American economies by -
(A) encouraging the formation of new businesses by eligible
entities, and the expansion of existing businesses; and
(B) facilitating the movement of goods to and from Indian
lands and the provision of services by Indians.
(2) To promote private investment in the economies of Indian
tribes and to encourage the sustainable development of resources
of Indian tribes and Indian-owned businesses.
(3) To promote the long-range sustained growth of the economies
of Indian tribes.
(4) To raise incomes of Indians in order to reduce the number
of Indians at poverty levels and provide the means for achieving
a higher standard of living on Indian reservations.
(5) To encourage intertribal, regional, and international trade
and business development in order to assist in increasing
productivity and the standard of living of members of Indian
tribes and improving the economic self-sufficiency of the
governing bodies of Indian tribes.
(6) To promote economic self-sufficiency and political self-
determination for Indian tribes and members of Indian tribes.