---
kind: "section"
citation: "25 U.S.C. § 4306a"
title: "25"
title_heading: "Indians"
number: "4306a"
heading: "Indian community development initiatives"
release: "119-102"
url: "https://uscodex.org/usc/25/4306a"
units:
  - "Chapter 44 — Native American Business Development, Trade Promotion, and Tourism"
---

# §4306a. Indian community development initiatives

- (a) **Interagency coordination—** Not later than 1 year after December 30, 2020, the [Secretary](/usc/25/4302.md?p=9), the [Secretary](/usc/25/4302.md?p=9) of the Interior, and the [Secretary](/usc/25/4302.md?p=9) of the Treasury shall coordinate—
  - (1) to develop initiatives that—
    - (A) encourage, promote, and provide education regarding investments in [Indian](/usc/25/1934.md) communities through—
      - (i) the loan guarantee [program](/usc/25/3402.md?p=4) of Bureau of [Indian](/usc/25/1934.md) Affairs under [section 1481 of this title](/usc/25/1481.md);
      - (ii) [programs](/usc/25/3402.md?p=4) carried out using amounts in the Community Development Financial Institutions Fund established under [section 4703(a) of title 12](/usc/12/4703.md?p=a); and
      - (iii) other capital development [programs](/usc/25/3402.md?p=4);
    - (B) examine and develop alternatives that would qualify as collateral for financing in [Indian](/usc/25/1934.md) communities; and
    - (C) provide entrepreneur and other training relating to economic development through tribally controlled colleges and universities and other [Indian](/usc/25/1934.md) organizations with experience in providing such training;
  - (2) to consult with [Indian Tribes](/usc/25/81.md?p=a-2) and with the Securities and Exchange [Commission](/usc/25/2703.md?p=3) to study, and collaborate to establish, regulatory changes necessary to qualify an [Indian Tribe](/usc/25/81.md?p=a-2) as an accredited investor for the purposes of [sections 230.500 through 230.508](/cfr/17/230.500..230.508.md) of title 17, Code of Federal Regulations (or successor regulations), consistent with the goals of promoting capital formation and ensuring qualifying [Indian Tribes](/usc/25/81.md?p=a-2) have the ability to withstand investment loss, on a basis comparable to other legal entities that qualify as accredited investors who are not natural persons;
  - (3) to identify regulatory, legal, or other barriers to increasing investment, business, and economic development, including qualifying or approving collateral structures, measurements of economic strength, and contributions of [Indian](/usc/25/1934.md) economies in [Indian](/usc/25/1934.md) communities through the Authority established under [section 4](/usc/25/4.md) of the [Indian](/usc/25/1934.md) Tribal Regulatory Reform and Business Development Act of 2000 ([25 U.S.C. 4301](/usc/25/4301.md) note);
  - (4) to ensure consultation with [Indian Tribes](/usc/25/81.md?p=a-2) regarding increasing investment in [Indian](/usc/25/1934.md) communities and the development of the report required in [paragraph (5)](#a-5); and
  - (5) not less than once every 2 years, to provide a report to Congress regarding—
    - (A) improvements to [Indian](/usc/25/1934.md) communities resulting from such initiatives and recommendations for promoting sustained growth of the Tribal economies;
    - (B) results of the study and collaboration regarding the necessary changes referenced in [paragraph (2)](#a-2) and the impact of allowing [Indian Tribes](/usc/25/81.md?p=a-2) to qualify as an accredited investor; and
    - (C) the identified regulatory, legal, and other barriers referenced in [paragraph (3)](#a-3).
- (b) **Waiver—** For assistance provided pursuant to [section 4707 of title 12](/usc/12/4707.md) to benefit [Native](/usc/25/5802.md?p=5) Community Development Financial Institutions, as defined by the [Secretary](/usc/25/4302.md?p=9) of the Treasury, [section 4707(e)](/usc/12/4707.md?p=e) of such title shall not apply.
- (c) **Indian Economic Development Feasibility Study—**
  - (1) **In general—** The Government Accountability [Office](/usc/25/4001.md?p=4) shall conduct a study and, not later than 18 months after December 30, 2020, submit to the [Committee](/usc/25/5411.md?p=3) on [Indian](/usc/25/1934.md) Affairs of the Senate and the [Committee](/usc/25/5411.md?p=3) on Natural Resources of the House of Representatives a report on the findings of the study and recommendations.
  - (2) **Contents—** The study shall include an assessment of each of the following:
    - (A) **In general—** The study shall assess current Federal capitalization and related [programs](/usc/25/3402.md?p=4) and services that are available to assist [Indian](/usc/25/1934.md) communities with business and economic development, including manufacturing, physical infrastructure (such as telecommunications and broadband), community development, and facilities construction for such purposes. For each of the Federal [programs](/usc/25/3402.md?p=4) and services identified, the study shall assess the current use and demand by [Indian Tribes](/usc/25/81.md?p=a-2), individuals, businesses, and communities of the [programs](/usc/25/3402.md?p=4), the capital needs of [Indian Tribes](/usc/25/81.md?p=a-2), businesses, and communities related to economic development, the extent to which the [programs](/usc/25/3402.md?p=4) and services overlap or are duplicative, and the extent that similar [programs](/usc/25/3402.md?p=4) have been used to assist non-[Indian](/usc/25/1934.md) communities compared to the extent used for [Indian](/usc/25/1934.md) communities.
    - (B) **Financing assistance—** The study shall assess and quantify the extent of assistance provided to non-[Indian](/usc/25/1934.md) borrowers and to [Indian](/usc/25/1934.md) (both Tribal and individual) borrowers (including information about such assistance as a percentage of need for [Indian](/usc/25/1934.md) borrowers and for non-[Indian](/usc/25/1934.md) borrowers, assistance to [Indian](/usc/25/1934.md) borrowers and to non-[Indian](/usc/25/1934.md) borrowers as a percentage of total applicants, and such assistance to [Indian](/usc/25/1934.md) borrowers as individuals as compared to such assistance to [Indian Tribes](/usc/25/81.md?p=a-2)) through the loan [programs](/usc/25/3402.md?p=4), the loan guarantee [programs](/usc/25/3402.md?p=4), or bond guarantee [programs](/usc/25/3402.md?p=4) of the—
      - (i) Department of the Interior;
      - (ii) Department of Agriculture;
      - (iii) Department of Housing and Urban Development;
      - (iv) Department of Energy;
      - (v) Small Business Administration; and
      - (vi) Community Development Financial Institutions Fund of the Department of the Treasury.
    - (C) **Tax incentives—** The study shall assess and quantify the extent of the assistance and allocations afforded for non-[Indian](/usc/25/1934.md) [projects](/usc/25/5611.md?p=2) and for [Indian](/usc/25/1934.md) [projects](/usc/25/5611.md?p=2) pursuant to each of the following tax incentive [programs](/usc/25/3402.md?p=4):
      - (i) New market tax credit.
      - (ii) Low income housing tax credit.
      - (iii) Investment tax credit.
      - (iv) Renewable energy tax incentives.
      - (v) Accelerated depreciation.
    - (D) **Tribal investment incentive—** The study shall assess various alternative incentives that could be provided to enable and encourage Tribal governments to invest in an [Indian](/usc/25/1934.md) community development investment fund or bank.

## Source credit

(Pub. L. 106–464, § 8, as added Pub. L. 116–261, § 3(d)(2), Dec. 30, 2020, 134 Stat. 3308.)

## Notes

### Editorial Notes

### References in Text

Section 4 of the Indian Tribal Regulatory Reform and Business Development Act of 2000 (25 U.S.C. 4301 note), referred to in subsec. (a)(3), is section 4 of Pub. L. 106–447, which is set out as a note under section 4301 of this title.

### Prior Provisions

A prior section 8 of Pub. L. 106–464, which was classified to section 4307 of this title, was redesignated section 10 of Pub. L. 106–464 by Pub. L. 116–261, § 3(d)(1), Dec. 30, 2020, 134 Stat. 3308.