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                                                      Calendar No. 345
114th Congress    }                                     {       Report
                                 SENATE
 2d Session       }                                     {      114-201

======================================================================

 
   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

                                _______
                                

                January 12, 2016.--Ordered to be printed

                                _______
                                

      Mr. Barrasso, from the Senate Committee on Indian Affairs, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1579]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 1579) 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, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 1579 is to enhance and integrate Native 
American tourism into the National Travel and Tourism Strategy 
and increase culturally appropriate Native American tourism 
opportunities. The bill would foster the creation of tourism 
jobs and support economic development for Native American 
communities.

                          NEED FOR LEGISLATION

    The bill, S. 1579, is needed to create new economic 
development in Native American communities through the 
expansion of cultural and heritage tourism. Current Federal 
tourism policies and programs lack the coordination and 
integration needed for American Indians, Alaska Natives and 
Native Hawaiians to capitalize on the available Federal 
resources to promote tourism.

                               BACKGROUND

    The Department of Commerce estimates there were 34.938 
million overseas travelers to the United States.\1\ One out of 
18 Americans is employed by a travel or tourism related 
business.\2\
---------------------------------------------------------------------------
    \1\U.S. Department of Commerce, International Trade Administration, 
National Travel & Tourism Office. (December 2015).
    \2\2015 Top Markets Report Travel and Tourism: A Market Assessment 
Tool for U.S. Exports. Department of Commerce, International Trade 
Administration, Industry & Analysis. (July 2015) Pg. 3. Accessed at: 
http://trade.gov/topmarkets/pdf/Travel_and_Tourism_Top_
Markets_Report.pdf.
---------------------------------------------------------------------------
    In 2014, tourism in the United States was a $221 billion 
industry.\3\
---------------------------------------------------------------------------
    \3\U.S. Department of Commerce, International Trade Administration, 
National Travel & Tourism Office. (October 2015). Accessed at: http://
travel.trade.gov/outreachpages/download_data_table/Overseas.pdf.
---------------------------------------------------------------------------
    According to the American Indian and Alaska Native Tourism 
Association, there is growing interest in Indian Country as a 
tourist attraction.\4\ According to the Department of Commerce 
surveys, more than 1.65 million overseas travelers visited 
Indian Country.\5\ Visitors to Indian Country increased from 
3.5% (975,910) in 2011 to 4.8% (1.65 million) in 2014.\6\ From 
2013 2014 American Indian communities saw increases in 
travelers from China, the United Kingdom, and France.\7\
---------------------------------------------------------------------------
    \4\Testimony of American Indian Alaska Native Tourism Association, 
President Sherry Rupert. Senate Committee on Indian Affairs. Oversight 
Hearing. June 25, 2015.
    \5\U.S. Department of Commerce, International Trade Administration, 
National Travel & Tourism Office. (2015).
    \6\U.S. Department of Commerce, International Trade Administration, 
National Travel & Tourism Office. (2015).
    \7\U.S. Department of Commerce, International Trade Administration, 
National Travel & Tourism Office. (2015).
---------------------------------------------------------------------------
    Many Native American owned businesses and Indian tribes are 
using culturally appropriate tourism as an economic development 
strategy. For example, the Standing Rock Sioux Tribe annually 
conducts hundreds of tours on reservation land for 
international and domestic tourists.\8\
---------------------------------------------------------------------------
    \8\Testimony of American Indian Alaska Native Tourism Association, 
President Sherry Rupert. Senate Committee on Indian Affairs. Oversight 
Hearing. June 25, 2015.
---------------------------------------------------------------------------

                          LEGISLATIVE HISTORY

    On June 16, 2015, Senator Schatz introduced S. 1579, along 
with Senators Thune, Udall, Heller, Tester, Franken, Murkowski, 
Rounds, Sullivan, Heitkamp, Hoeven and Peters. The bill was 
referred to the Committee on Indian Affairs, which held a duly 
called business meeting on October 7, 2015 to consider the 
bill. By voice vote, the bill was ordered reported favorably 
without amendment.
    A companion bill, H.R. 3477, was introduced in the House, 
on September 10, 2015, by Representative Mullin along with 
Representatives Cole, Cramer, McCollum, Noem, Titus, and Young 
co-sponsors. The bill was referred to the House Natural 
Resources Subcommittee on Indian, Insular and Alaska Native 
Affairs on September 21, 2015. No further action has been taken 
on the bill.
    In the 113th Congress, on June 25, 2014, the Committee held 
an oversight hearing on Economic Development: Encouraging 
Investment in Indian Country, where the Committee received 
testimony about the need for legislation to address tourism in 
Indian Country and Native American communities.

        SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED

Sec. 1--Short title

    Section 1 states that the Act may be cited as the `Native 
American Tourism and Improving Visitor Experience Act' or the 
`NATIVE Act'.

Sec. 2--Purposes

    This section states the purpose of the bill which is to 
enhance and integrate Native American tourism through Federal 
agency coordination and collaboration. The bill is intended to 
facilitate tribal economic development in heritage and cultural 
tourism by improving tribal self-determination and self-
governance and promoting self-sufficiency and Native American 
communities.
    The bill would facilitate an increase in domestic and 
international visitors to rural and remote Native American 
communities, provide grants, loans, and technical assistance to 
Indian tribes and Indian organizations for infrastructure 
development and tourism capacity, and elevate living standards 
in Native American communities. The bill would support 
innovative technology projects that will improve visitor 
experiences on Federal websites.

Sec. 3--Definitions

    Section 3 sets forth the definitions. This section defines 
``agency'' as the term is defined in section 551 of title 5 
United States Code; ``Indian tribe'' as the term is defined in 
Section 4 of the Indian Self-Determination and Education 
Assistance Act;\9\ ``tribal organization'' as the term is 
defined in section 4 of the Indian Self-Determination and 
Education Assistance Act;\10\ and ``Native Hawaiian 
organization'' as the term is defined in section 7207 of the 
Native Hawaiian Education Act.\11\
---------------------------------------------------------------------------
    \9\25 U.S.C. 450b.
    \10\25 U.S.C. 450b.
    \11\20 U.S.C. 7517.
---------------------------------------------------------------------------

Sec. 4--Integrating Federal tourism assets to strengthen Native tourism 
        opportunities

    Section 4(a) directs the Secretaries of Commerce and the 
Interior to update management plans and tourism initiatives to 
include Indian tribes and tribal organizations.
    Section 4(b) directs other heads of agencies with 
management and tourism initiatives to update management plans 
and tourism initiatives to include Indian tribes and tribal 
organizations.
    Section 4(c) requires an outline of policy proposals for 
the Federal Native American tourism plans. The policy outline 
includes collecting travel and tourism data; incrementally 
streamlining Federal agencies' maintenance of public records, 
publications, and websites; creating a better user experience 
on websites for domestic and international travelers; aligning 
Federal agency websites and publications; identifying agency 
programs that support tourism capacity building and that 
sustain tourism infrastructure for Native American communities; 
developing website visitor portals for tourism destinations; 
developing bilingual interpretive and directional signage that 
include the local Native American language or languages; 
improving access to transportation programs to build tourism 
and trade capacity for visitor enhancement and safety.
    This section also directs the Departments of Commerce and 
Interior to consult with Indian tribes and the Native American 
community on their inclusion in Federal Native American tourism 
plans.
    Section 4(d) directs the Department of the Interior to 
enter into a Memorandum of Understanding (MOU) or a cooperative 
agreement with an entity dedicated to advancing American 
Indian, Alaska Native, and Native Hawaiian tourism which would 
be a facilitator between the Secretaries of the Interior and 
Commerce and Indian tribes and tribal organizations.
    The MOU or cooperative agreement will facilitate 
identifying technical assistance and training areas of 
participation for Indian tribes and tribal organizations in the 
tourism industry and provide a means of delivery for technical 
assistance and training.
    Subject to appropriations, the head of each agency, 
including the Secretaries of the Interior, Commerce, 
Transportation, Health and Human Services, and Labor, can use 
any funds made available to the head of an agency for 
administrative funds for the entity or organization used to 
facilitate the tourism agreements.
    The Secretaries of the Interior and Commerce will develop 
metrics to measure the effectiveness of each entity or 
organization.
    Section (e) requires the Departments of the Interior and 
Commerce to submit a report within one year of enactment of 
this Act to Congress. The report requires an analysis of how 
both Departments of Commerce and the Interior are including 
tribes and tribal organizations in management plans and tourism 
initiatives. The report will also describe how the entities or 
organizations that enter into MOUs or cooperative agreements 
are creating participation of Indian tribes and tribal 
organizations in the tourism industry and the effectiveness of 
the entities or organizations based on the metrics developed by 
the Secretaries of the Interior and Commerce.

Sec. 5--Native American tourism and branding enhancement

    Section 5(a) directs the heads of agencies to take actions 
to create display areas and/or events for Indian tribes and 
tribal organizations. The actions taken by the heads of 
agencies should support efforts to identify and maintain the 
local Native American community and should provide authentic 
and respectful visitor experiences. It directs the heads of 
agencies to provide assistance on explaining the relationship 
between indigenous people and the United States and the 
national identity. The heads of agencies will promote 
understanding and respect for diverse cultures and how those 
diverse cultures relate to the national tourism image of the 
United States. It allows for the heads of agencies to enter 
into MOUs with private organizations to display information 
regarding Indian tribes and tribal organizations for tourists 
at airports and ports of entry.
    Section 5(b) makes grants from the Commission of the 
Administration for Native Americans, Chairman of the National 
Endowment for the Arts, Chairman of the National Endowment for 
the Humanities and any other agencies administering grant 
programs eligible for Indian tribes or tribal organizations. 
The grants are to be used to support Indian tribes and tribal 
organizations, as the First Peoples of the United States, to 
use the arts and humanities to celebrate the diversity of the 
United States.
    Section 5(c) directs the Advisory Council of the 
Smithsonian Institution and the Board of Regents of the 
Smithsonian Institution to work with Indian tribes, tribal 
organizations, and non-profit organizations to establish long-
term partnerships with museums and organizations not affiliated 
with the Smithsonian. Through these partnerships, Indian tribes 
and tribal organizations will share information and conduct 
research to support tourism for Indian tribes and tribal 
organizations.

                   COST AND BUDGETARY CONSIDERATIONS

    The following cost estimate, as provided by the 
Congressional Budget Office, dated November 13, 2015, was 
prepared for S. 1579:

                                                 November 13, 2015.
Hon. John Barrasso,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1579, the Native 
American Tourism and Improving Visitor Experience Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 1579--The Native American Tourism and Improving Visitor Experience 
        Act

    S. 1579 would direct the Secretaries of Commerce and the 
Interior and other federal agencies that administer programs 
related to recreation and tourism to update existing plans to 
promote tourism among Indian communities. The bill would 
require those secretaries to report to the Congress on efforts 
to support Indian tribes' tourism-related programs and clarify 
that tribal organizations are eligible to use certain federal 
grants for such purposes.
    Based on information from the Bureau of Indian Affairs and 
other affected agencies about the extent of existing efforts to 
promote tourism on tribal lands, CBO estimates that enacting S. 
1579 would not significantly affect the federal budget. Because 
tourism-related plans and programs administered by most federal 
agencies already address such efforts, CBO expects that any 
costs incurred by agencies to modify those plans and programs 
to meet the specific requirements of S. 1579 would not exceed 
$500,000; any such increase in spending would be subject to the 
availability of appropriated funds.
    In addition CBO expects that enacting S. 1579 could 
increase direct spending for other entities with mandatory 
funding authority, such as the Corporation for Travel 
Promotion. Because the bill could affect direct spending, pay-
as-you-go procedures apply; however, CBO estimates that any 
such effects would be negligible. Enacting S. 1579 would not 
affect revenues.
    CBO estimates that enacting S. 1579 would not increase net 
direct spending or on-budget deficits by more than $5 billion 
in any of the next four consecutive 10-year periods beginning 
in 2026.
    S. 1579 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 1579.

               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. 1579 will 
have a minimal impact on regulatory or paperwork requirements.

                 CHANGES IN EXISTING LAW (CORDON RULE)

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, there are no changes to existing 
law made by S. 1579, as ordered reported.

                                  [all]