Sec. 2. FINDINGS
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## SEC. 2 FINDINGS **[**[25 U.S.C. 4301 note](/us/usc/t25/s4301)**]** Congress finds that— ####
(1)#####
(A)to bring industry and economic development to Indian communities, Indian Tribes must overcome a number of barriers, including— ######
(i)geographical location; ######
(ii)lack of infrastructure or capacity; ######
(iii)lack of sufficient collateral and capital; and ######
(iv)regulatory bureaucracy relating to— ######
(I)development; and ######
(II)access to services provided by the Federal Government; and #####
(B)the barriers described in subparagraph
(A)often add to the cost of doing business in Indian communities; ####
(2)Indian Tribes— #####
(A)enact laws and exercise sovereign governmental powers; #####
(B)determine policy for the benefit of Tribal members; and #####
(C)produce goods and services for consumers; ####
(3)the Federal Government has— #####
(A)an important government-to-government relationship with Indian Tribes; and #####
(B)a role in facilitating healthy and sustainable Tribal economies; ####
(4)the input of Indian Tribes in developing Federal policy and programs leads to more meaningful and effective measures to assist Indian Tribes and Indian entrepreneurs in building Tribal economies; ####
(5)#####
(A)many components of Tribal infrastructure need significant repair or replacement; and #####
(B)access to private capital for projects in Indian communities— ######
(i)may not be available; or ######
(ii)may come at a higher cost than such access for other projects; ####
(6)#####
(A)Federal capital improvement programs, such as those that facilitate tax-exempt bond financing and loan guarantees, are tools that help improve or replace crumbling infrastructure; #####
(B)lack of parity in treatment of an Indian Tribe as a governmental entity under Federal tax and certain other regulatory laws impedes, in part, the ability of Indian Tribes to raise capital through issuance of tax exempt debt, invest as an accredited investor, and benefit from other investment incentives accorded to State and local governmental entities; and #####
(C)as a result of the disparity in treatment of Indian Tribes described in subparagraph (B), investors may avoid financing, or demand a premium to finance, projects in Indian communities, making the projects more costly or inaccessible; ####
(7)there are a number of Federal loan guarantee programs available to facilitate financing of business, energy, economic, housing, and community development projects in Indian communities, and those programs may support public-private partnerships for infrastructure development, but improvements and support are needed for those programs specific to Indian communities to facilitate more effectively private financing for infrastructure and other urgent development needs; and ####
(8)#####
(A)most real property held by Indian Tribes is trust or restricted land that essentially cannot be held as collateral; and #####
(B)while creative solutions, such as leasehold mortgages, have been developed in response to the problem identified in subparagraph (A), some solutions remain subject to review and approval by the Bureau of Indian Affairs, adding additional costs and delay to Tribal projects.
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U.S. Code