Tribal Tourism Sovereignty Act

Tribal Tourism Sovereignty Act

This bill allows covered passenger vessels (e.g., foreign-flagged cruise ships) to comply with the foreign-stop requirement by calling on ports or places owned by an Indian tribe. Under current law, these vessels may not transport passengers from one U.S. port to another without stopping in a foreign country.

The bill allows a voyage transporting passengers to call on a port owned by an Indian tribe if the voyage (1) is made by a covered passenger vessel that complies with security and safety requirements and certain training for crew members, and (2) employs alien crew members with valid nonimmigrant work visas. A vessel performing such a voyage must receive permission from the tribe to dock at a port or place owned by the tribe and disembark passengers on tribal lands.

In addition, the bill outlines tribal powers and privileges, including that the tribe shall have the authority to levy and collect fees from port calls.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4733 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4733

To deem certain voyages transporting passengers between ports or places 
 within the United States in compliance with certain requirements upon 
  calling on a port owned by an Indian Tribe, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2021

  Mr. Young introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To deem certain voyages transporting passengers between ports or places 
 within the United States in compliance with certain requirements upon 
  calling on a port owned by an Indian Tribe, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tribal Tourism Sovereignty Act''.

SEC. 2. DESIGNATION OF PORTS AND PORT CALLS ON INDIAN LANDS.

    (a) Criteria.--For the purposes of complying with section 55103 of 
title 46, United States Code, voyages transporting passengers between 
ports or places in the United States shall be deemed in compliance with 
such section upon calling on a port or place owned by an Indian Tribe, 
if the voyage--
            (1) is made by a covered passenger vessel to which sections 
        3507 and 3508 of title 46, United States Code, apply; and
            (2) employs alien crewman issued nonimmigrant visas 
        pursuant to subparagraph (C) of (D) of section 101(a)(15) of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)).
    (b) Applicability.--
            (1) In general.--Voyages conducted under subsection (a) 
        shall originate in a port or place in the United States and 
        terminate in a port or place in the United States.
            (2) Compliance.--For purposes of complying with subsection 
        (a), a covered passenger vessel performing voyages under 
        subsection (a) shall comply with the following:
                    (A) Receive permission through a tribal resolution 
                or formal agreement from the applicable Indian Tribe to 
                dock at a port or place owned by such Indian Tribe and 
                disembark passengers on the tribal lands of such Tribe.
                    (B) The agreement--
                            (i) shall grant such covered passenger 
                        vessels access to such port; and
                            (ii) may provide authority to disembark 
                        passengers and crew on such lands and describe 
                        permissible activities for such passengers and 
                        crew.
                    (C) Such covered passenger vessels, crews, and 
                passengers shall comply with all applicable Tribal laws 
                and regulations, including health and safety laws and 
                regulations for the duration of such vessels, crews, 
                and passenger's time on Tribal land.
    (c) Tribal Powers and Privileges.--For voyages and port calls 
described in subsections (a) and (b), Tribes--
            (1) shall have the sole authority to make or terminate 
        agreements described in subsection (b) at any time;
            (2) shall have the authority to levy and collect fees from 
        port calls made by covered passenger vessels performed under 
        subsection (a); and
            (3) shall receive the right of first refusal to provide 
        contracts and services to covered passenger vessels described 
        in subsection (a) for the duration of the port call.
    (d) Rule of Construction.--For purposes of complying with 
subsection (a), ports owned by Indian Tribes located on land adjacent 
to navigable coastal waters shall be considered a foreign port for 
purposes of section 55103 of title 46, United States Code.
    (e) Definitions.--In this Act:
            (1) Covered passenger vessel.--The term ``covered passenger 
        vessel'' means a passenger vessel to which sections 3507 and 
        3508 of title 46 United States Code apply.
            (2) Indian tribe.--The term ``Indian Tribe'' means--
                    (A) any federally recognized Indian tribe, band, 
                nation, village, or other organized group or community; 
                and
                    (B) any Alaska Native village or regional or 
                village corporation as defined in or established 
                pursuant to the Alaska Native Claims Settlement Act (43 
                U.S.C. 1601 et seq.).
            (3) Port call.--The term ``port call'' means the docking of 
        a covered passenger vessel described in subsection (a)(1) at a 
        port controlled by an Indian Tribe, regardless of the act of 
        embarking or disembarking passengers.
            (4) Port owned by an indian tribe.--The term ``port owned 
        by an Indian Tribe'' means a port that is owned and controlled 
        by an Indian Tribe and located on land owned and controlled by 
        such Tribe.
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