article: 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.
summary: 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.