text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Indian Tribal Development 
  Corporation Feasibility Study Act of 2004''.
  
  SEC. 2. FEASIBILITY STUDY.
  
      Section 4(b) of the Native American Business Development, Trade 
  Promotion, and Tourism Act of 2000 (25 U.S.C. 4303(b)) is amended--
              (1) by redesignating paragraph (6) as paragraph (7); and
              (2) by inserting after paragraph (5) the following:
              ``(6) Tribal development corporation feasibility study.--
                      ``(A) In general.--The Secretary shall establish 
                  the Tribal Development Corporation Feasibility Study 
                  Group (referred to in this paragraph as the `Group').
                      ``(B) Members.--The Group shall be comprised of 12 
                  members, as follows:
                              ``(i) Representatives of indian tribes.--
                          Five members of the Group shall be 
                          representatives of federally recognized Indian 
                          tribes.
                              ``(ii) Representatives of the alaska native 
                          community.--Three members of the Group shall be 
                          representatives of the Alaska Native Community.
                              ``(iii) Representative of the native 
                          hawaiian community.--One member of the Group 
                          shall be a representative of the Native 
                          Hawaiian Community.
                              ``(iv) Representative of the private 
                          sector.--Two members of the Group shall be 
                          representatives of nongovernmental economic 
                          activities carried out by private enterprises 
                          in the private sector.
                              ``(v) Federal officials.--One member of the 
                          Group shall be a representative of the 
                          Department of the Treasury with demonstrated 
                          experience in international economic 
                          development and international financial 
                          institutions.
                      ``(C) Chairperson.--The members of the Group shall 
                  select a Chairperson.
                      ``(D) Personnel and services.--
                              ``(i) In general.--The Chairperson of the 
                          Group may appoint and terminate such personnel 
                          as are necessary to enable the Group to perform 
                          its duties.
                              ``(ii) Procurement of services.--The 
                          Chairperson may procure such services as are 
                          necessary to enable the Group to perform the 
                          duties of the Group.
                      ``(E) Study.--
                              ``(i) In general.--Not later than 270 days 
                          after the date of enactment of this 
                          subparagraph, the Group shall--
                                      ``(I) conduct a study to determine 
                                  the feasibility of establishing an 
                                  Indian Tribal Development Corporation 
                                  (referred to in this subparagraph as 
                                  the `Corporation'); and
                                      ``(II) submit to the Committee on 
                                  Indian Affairs and the Committee on 
                                  Appropriations of the Senate and the 
                                  Committee on Resources and the 
                                  Committee on Appropriations of the 
                                  House of Representatives a report that 
                                  describes the results of the study and 
                                  any recommendations of the Group for 
                                  further legislative action.
                              ``(ii) Contents.--The report shall 
                          contain--
                                      ``(I) a discussion and 
                                  determination of the financial 
                                  feasibility of the Corporation, 
                                  including whether the Corporation can 
                                  be, over the long term, financially 
                                  self-sustainable;
                                      ``(II) a discussion and 
                                  determination of the probable economic 
                                  impact of the Corporation, including a 
                                  demonstration of the quantitative and 
                                  qualitative economic impact on Native 
                                  American communities;
                                      ``(III) a discussion and 
                                  determination of the best alternatives 
                                  in the structure, organization, and 
                                  lending terms and conditions of the 
                                  Corporation, including the most 
                                  appropriate structure of capital 
                                  contributions to best serve, and be 
                                  acceptable to, Native interests;
                                      ``(IV) a discussion and 
                                  determination of the basic terms and 
                                  conditions under which funding would be 
                                  provided to member Indian tribes;
                                      ``(V) a discussion of nonfinancial 
                                  and advisory activities to be 
                                  undertaken by the Corporation, 
                                  including the use of diagnostic studies 
                                  by the Corporation to--
                                              ``(aa) identify tribal, 
                                          Federal, or State policies and 
                                          legal and regulatory conditions 
                                          and infrastructure deficiencies 
                                          that impede investment, both 
                                          private and public, needed to 
                                          promote economic development;
                                              ``(bb) provide specific 
                                          recommendations for remedial 
                                          actions that can be undertaken 
                                          by an Indian tribe to overcome 
                                          such inhibitors of investment; 
                                          and
                                              ``(cc) identify and 
                                          establish the terms for pre-
                                          appraisal studies of investment 
                                          opportunities, both private and 
                                          public, that can be developed 
                                          and promoted by an Indian 
                                          tribe; and
                                      ``(VI) a discussion and 
                                  determination of--
                                              ``(aa) the capital 
                                          structure of the Corporation, 
                                          including the optimal level of 
                                          initial capital contributions 
                                          by both Indian tribes and the 
                                          United States Government; and
                                              ``(bb) the financial 
                                          instruments that will be 
                                          required by the Corporation to 
                                          ensure its success.
                      ``(F) Termination of study group.--The Group shall 
                  terminate 120 days after the date on which the Group 
                  submits the report under subparagraph (E).
                      ``(G) Authorization of appropriations.--There are 
                  authorized to be appropriated to carry out this 
                  paragraph--
                              ``(i) $3,000,000 for fiscal year 2005; and
                              ``(ii) $2,000,000 for fiscal year 2006.''.
  
              Passed the Senate November 19, 2004.
  
              Attest:
  
                                               EMILY J. REYNOLDS,
  
                                                               Secretary.
target: Indian Tribal Development Corporation Feasibility Study Act of 2004 - Amends the Native American Business Development, Trade Promotion, and Tourism Act of 2000 to direct the Secretary of Commerce to establish the Tribal Development Corporation Feasibility Study Group to study and report to Congress on the feasibility of establishing an Indian Tribal Development Corporation. Authorizes appropriations for FY 2005 and 2006.
feat_title: A bill to determine the feasibility of establishing an Indian Tribal Development Corporation.