,,id ,union ,calendar ,no4 #hjh #aaeth ,,congress #b;d ,session ,s4 #fjg ,report ,no4 #aae-ajcg ,,in ,,the ,,house ,,of ,,representatives ,march #bf1 #bjah ,referred to the ,committee on ,natural ,resources ,november #bj1 #bjah ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,,an ,,act ,to establish a business incubators program within the ,department of the ,interior to promote economic development in ,indian reservation communities4 #a4 ,short title ,this ,act may be cited as the ,native ,american ,business ,incubators ,program ,act4 #b4 ,findings ,congress finds that-- 7#a7 entrepreneurs face specific challenges when transforming ideas into profitable business enterprises2 7#b7 entrepreneurs that want to provide products and services in reservation communities face an additional set of challenges that requires special knowledge2 7#c7 a business incubator is an organization that assists entrepreneurs in navigating obstacles that prevent innovative ideas from becoming viable businesses by providing services that include-- 7,a7 workspace and facilities resources2 7,b7 access to capital1 business education1 and counseling2 7,c7 networking opportunities2 7,d7 mentorship opportunities2 and 7,e7 an environment intended to help establish and expand business operations2 7#d7 the business incubator model is suited to accelerating entrepreneurship in reservation communities because the business incubator model promotes collaboration to address shared challenges and provides individually tailored services for the purpose of overcoming obstacles unique to each participating business2 and 7#e7 business incubators will stimulate economic development by providing ,native entrepreneurs with the tools necessary to grow businesses that offer products and services to reservation communities4 #c4 ,definitions ,in this ,act3 7#a7 ,business incubator ,the term business incubator means an organization that-- 7,a7 provides physical workspace and facilities resources to startups and established businesses2 and 7,b7 is designed to accelerate the growth and success of businesses through a variety of business support resources and services1 including-- 7i7 access to capital1 business education1 and counseling2 7ii7 networking opportunities2 7iii7 mentorship opportunities2 and 7iv7 other services intended to aid in developing a business4 7#b7 ,eligible applicant ,the term eligible applicant means an applicant eligible to apply for a grant under section #d7;b74 7#c7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#d7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#e7 ,native ,american2 ,native ,the terms ,native ,american and ,native have the meaning given the term ,indian in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#f7 ,native business ,the term ,native business means a business concern that is at least #ea-percent owned and controlled by #a or more ,native ,americans4 7#g7 ,native entrepreneur ,the term ,native entrepreneur means an entrepreneur who is a ,native ,american4 7#h7 ,program ,the term program means the program established under section #d7;a74 7#i7 ,reservation ,the term reservation has the meaning given the term in section #c of the ,indian ,financing ,act of #aigd 7#be ,u4,s4,c4 #adeb74 7#aj7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#aa7 ,tribal college or university ,the term tribal college or university has the meaning given the term ,tribal ,college or ,university in section #caf7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b774 #d4 ,establishment of program 7a7 ,in general ,the ,secretary shall establish a program in the ,office of ,indian ,energy and ,economic ,development under which the ,secretary shall provide financial assistance in the form of competitive grants to eligible applicants for the establishment and operation of business incubators that serve reservation communities by providing business incubation and other business services to ,native businesses and ,native entrepreneurs4 7b7 ,eligible applicants 7#a7 ,in general ,to be eligible to receive a grant under the program1 an applicant shall-- 7,a7 be-- 7i7 an ,indian tribe2 7ii7 a tribal college or university2 7iii7 an institution of higher education2 or 7iv7 a private nonprofit organization or tribal nonprofit organization that-- 7,i7 provides business and financial technical assistance2 and 7,,ii7 will commit to serving #a or more reservation communities2 7,b7 be able to provide the physical workspace1 equipment1 and connectivity necessary for ,native businesses and ,native entrepreneurs to collaborate and conduct business on a local1 regional1 national1 and international level2 and 7,c7 in the case of an entity described in clauses 7ii7 through 7iv7 of subparagraph 7,a71 have been operational for not less than #a year before receiving a grant under the program4 7#b7 ,joint project 7,a7 ,in general ,two or more entities may submit a joint application for a project that combines the resources and expertise of those entities at a physical location dedicated to assisting ,native businesses and ,native entrepreneurs under the program4 7,b7 ,contents ,a joint application submitted under subparagraph 7,a7 shall-- 7i7 contain a certification that each participant of the joint project is one of the eligible entities described in paragraph 7#a77;,a72 and 7ii7 demonstrate that together the participants meet the requirements of subparagraphs 7,b7 and 7,c7 of paragraph 7#a74 7c7 ,application and selection process 7#a7 ,application requirements ,each eligible applicant desiring a grant under the program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7,a7 a certification that the applicant-- 7i7 is an eligible applicant2 7ii7 will designate an executive director or program manager1 if such director or manager has not been designated1 to manage the business incubator2 and 7iii7 agrees-- 7,i7 to a site evaluation by the ,secretary as part of the final selection process2 7,,ii7 to an annual programmatic and financial examination for the duration of the grant2 and 7,,iii7 to the maximum extent practicable1 to remedy any problems identified pursuant to the site evaluation under subclause 7,i7 or an examination under subclause 7,,ii72 7,b7 a description of the #a or more reservation communities to be served by the business incubator2 7,c7 a #c-year plan that describes-- 7i7 the number of ,native businesses and ,native entrepreneurs to be participating in the business incubator2 7ii7 whether the business incubator will focus on a particular type of business or industry2 7iii7 a detailed breakdown of the services to be offered to ,native businesses and ,native entrepreneurs participating in the business incubator2 and 7iv7 a detailed breakdown of the services1 if any1 to be offered to ,native businesses and ,native entrepreneurs not participating in the business incubator2 7,d7 information demonstrating the effectiveness and experience of the eligible applicant in-- 7i7 conducting financial1 management1 and marketing assistance programs designed to educate or improve the business skills of current or prospective businesses2 7ii7 working in and providing services to ,native ,american communities2 7iii7 providing assistance to entities conducting business in reservation communities2 7iv7 providing technical assistance under ,federal business and entrepreneurial development programs for which ,native businesses and ,native entrepreneurs are eligible2 and 7v7 managing finances and staff effectively2 and 7,e7 a site description of the location at which the eligible applicant will provide physical workspace1 including a description of the technologies1 equipment1 and other resources that will be available to ,native businesses and ,native entrepreneurs participating in the business incubator4 7#b7 ,evaluation considerations 7,a7 ,in general ,in evaluating each application1 the ,secretary shall consider-- 7i7 the ability of the eligible applicant-- 7,i7 to operate a business incubator that effectively imparts entrepreneurship and business skills to ,native businesses and ,native entrepreneurs1 as demonstrated by the experience and qualifications of the eligible applicant2 7,,ii7 to commence providing services within a minimum period of time1 to be determined by the ,secretary2 and 7,,iii7 to provide quality incubation services to a significant number of ,native businesses and ,native entrepreneurs2 7ii7 the experience of the eligible applicant in providing services in ,native ,american communities1 including in the #a or more reservation communities described in the application2 and 7iii7 the proposed location of the business incubator4 7,b7 ,priority 7i7 ,in general ,in evaluating the proposed location of the business incubator under subparagraph 7,a77iii71 the ,secretary shall-- 7,i7 consider the program goal of achieving broad geographic distribution of business incubators2 and 7,,ii7 except as provided in clause 7ii71 give priority to eligible applicants that will provide business incubation services on or near the reservation of the #a or more communities that were described in the application4 7ii7 ,exception ,the ,secretary may give priority to an eligible applicant that is not located on or near the reservation of the #a or more communities that were described in the application if the ,secretary determines that-- 7,i7 the location of the business incubator will not prevent the eligible applicant from providing quality business incubation services to ,native businesses and ,native entrepreneurs from the #a or more reservation communities to be served2 and 7,,ii7 siting the business incubator in the identified location will serve the interests of the #a or more reservation communities to be served4 7#c7 ,site evaluation 7,a7 ,in general ,before making a grant to an eligible applicant1 the ,secretary shall conduct a site visit1 evaluate a video submission1 or evaluate a written site proposal 7if the applicant is not yet in possession of the site7 of the proposed site to ensure the proposed site will permit the eligible applicant to meet the requirements of the program4 7,b7 ,written site proposal ,a written site proposal shall meet the requirements described in paragraph 7#a77;,e7 and contain-- 7i7 sufficient detail for the ,secretary to ensure in the absence of a site visit or video submission that the proposed site will permit the eligible applicant to meet the requirements of the program2 and 7ii7 a timeline describing when the eligible applicant will be-- 7,i7 in possession of the proposed site2 and 7,,ii7 operating the business incubator at the proposed site4 7,c7 ,followup ,not later than #a year after awarding a grant to an eligible applicant that submits an application with a written site proposal1 the ,secretary shall conduct a site visit or evaluate a video submission of the site to ensure the site is consistent with the written site proposal4 7d7 ,administration 7#a7 ,duration ,each grant awarded under the program shall be for a term of #c years4 7#b7 ,payment 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary shall disburse grant funds awarded to an eligible applicant in annual installments4 7,b7 ,more frequent disbursements ,on request by the applicant1 the ,secretary may make disbursements of grant funds more frequently than annually1 on the condition that disbursements shall be made not more frequently than quarterly4 7#c7 ,non-,federal contributions for initial assistance 7,a7 ,in general ,except as provided in subparagraph 7,b71 an eligible applicant that receives a grant under the program shall provide non-,federal contributions in an amount equal to not less than #be percent of the grant amount disbursed each year4 7,b7 ,waiver ,the ,secretary may waive1 in whole or in part1 the requirements of subparagraph 7,a7 with respect to an eligible applicant if1 after considering the ability of the eligible applicant to provide non-,federal contributions1 the ,secretary determines that-- 7i7 the proposed business incubator will provide quality business incubation services2 and 7ii7 the #a or more reservation communities to be served are unlikely to receive similar services because of remoteness or other reasons that inhibit the provision of business and entrepreneurial development services4 7#d7 ,renewals 7,a7 ,in general ,the ,secretary may renew a grant award under the program for a term not to exceed #c years4 7,b7 ,considerations ,in determining whether to renew a grant award1 the ,secretary shall consider with respect to the eligible applicant-- 7i7 the results of the annual evaluations of the eligible applicant under subsection 7f77#a72 7ii7 the performance of the business incubator of the eligible applicant1 as compared to the performance of other business incubators receiving assistance under the program2 7iii7 whether the eligible applicant continues to be eligible for the program2 and 7iv7 the evaluation considerations for initial awards under subsection 7c77#b74 7,c7 ,non-,federal contributions for renewals ,an eligible applicant that receives a grant renewal under subparagraph 7,a7 shall provide non-,federal contributions in an amount equal to not less than #cc percent of the total amount of the grant4 7#e7 ,no duplicative grants ,an eligible applicant shall not be awarded a grant under the program that is duplicative of existing ,federal funding from another source4 7e7 ,program requirements 7#a7 ,use of funds ,an eligible applicant receiving a grant under the program may use grant amounts-- 7,a7 to provide physical workspace and facilities for ,native businesses and ,native entrepreneurs participating in the business incubator2 7,b7 to establish partnerships with other institutions and entities to provide comprehensive business incubation services to ,native businesses and ,native entrepreneurs participating in the business incubator2 and 7,c7 for any other uses typically associated with business incubators that the ,secretary determines to be appropriate and consistent with the purposes of the program4 7#b7 ,minimum requirements ,each eligible applicant receiving a grant under the program shall-- 7,a7 offer culturally tailored incubation services to ,native businesses and ,native entrepreneurs2 7,b7 use a competitive process for selecting ,native businesses and ,native entrepreneurs to participate in the business incubator2 7,c7 provide physical workspace that permits ,native businesses and ,native entrepreneurs to conduct business and collaborate with other ,native businesses and ,native entrepreneurs2 7,d7 provide entrepreneurship and business skills training and education to ,native businesses and ,native entrepreneurs including-- 7i7 financial education1 including training and counseling in-- 7,i7 applying for and securing business credit and investment capital2 7,,ii7 preparing and presenting financial statements2 and 7,,iii7 managing cash flow and other financial operations of a business2 7ii7 management education1 including training and counseling in planning1 organization1 staffing1 directing1 and controlling each major activity or function of a business or startup2 and 7iii7 marketing education1 including training and counseling in-- 7,i7 identifying and segmenting domestic and international market opportunities2 7,,ii7 preparing and executing marketing plans2 7,,iii7 locating contract opportunities2 7,,iv7 negotiating contracts2 and 7,v7 using varying public relations and advertising techniques2 7,e7 provide direct mentorship or assistance finding mentors in the industry in which the ,native business or ,native entrepreneur operates or intends to operate2 and 7,f7 provide access to networks of potential investors1 professionals in the same or similar fields1 and other business owners with similar businesses4 7#c7 ,technology ,each eligible applicant shall leverage technology to the maximum extent practicable to provide ,native businesses and ,native entrepreneurs with access to the connectivity tools needed to compete and thrive in #bast-century markets4 7f7 ,oversight 7#a7 ,annual evaluations ,not later than #a year after the date on which the ,secretary awards a grant to an eligible applicant under the program1 and annually thereafter for the duration of the grant1 the ,secretary shall conduct an evaluation of1 and prepare a report on1 the eligible applicant1 which shall-- 7,a7 describe the performance of the eligible applicant2 and 7,b7 be used in determining the ongoing eligibility of the eligible applicant4 7#b7 ,annual report 7,a7 ,in general ,not later than #a year after the date on which the ,secretary awards a grant to an eligible applicant under the program1 and annually thereafter for the duration of the grant1 each eligible applicant receiving an award under the program shall submit to the ,secretary a report describing the services the eligible applicant provided under the program during the preceding year4 7,b7 ,report content ,the report described in subparagraph 7,a7 shall include-- 7i7 a detailed breakdown of the ,native businesses and ,native entrepreneurs receiving services from the business incubator1 including1 for the year covered by the report-- 7,i7 the number of ,native businesses and ,native entrepreneurs participating in or receiving services from the business incubator and the types of services provided to those ,native businesses and ,native entrepreneurs2 7,,ii7 the number of ,native businesses and ,native entrepreneurs established and jobs created or maintained2 and 7,,iii7 the performance of ,native businesses and ,native entrepreneurs while participating in the business incubator and after graduation or departure from the business incubator2 and 7ii7 any other information the ,secretary may require to evaluate the performance of a business incubator to ensure appropriate implementation of the program4 7,c7 ,limitations ,to the maximum extent practicable1 the ,secretary shall not require an eligible applicant to report under subparagraph 7,a7 information provided to the ,secretary by the eligible applicant under other programs4 7,d7 ,coordination ,the ,secretary shall coordinate with the heads of other ,federal agencies to ensure that1 to the maximum extent practicable1 the report content and form under subparagraphs 7,a7 and 7,b7 are consistent with other reporting requirements for ,federal programs that provide business and entrepreneurial assistance4 7#c7 ,report to ,congress 7,a7 ,in general ,not later than #b years after the date on which the ,secretary first awards funding under the program1 and biennially thereafter1 the ,secretary shall submit to the ,committee on ,indian ,affairs of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report on the performance and effectiveness of the program4 7,b7 ,contents ,each report submitted under subparagraph 7,a7 shall-- 7i7 account for each program year2 and 7ii7 include with respect to each business incubator receiving grant funds under the program-- 7,i7 the number of ,native businesses and ,native entrepreneurs that received business incubation or other services2 7,,ii7 the number of businesses established with the assistance of the business incubator2 7,,iii7 the number of jobs established or maintained by ,native businesses and ,native entrepreneurs receiving business incubation services1 including a description of where the jobs are located with respect to reservation communities2 7,,iv7 to the maximum extent practicable1 the amount of capital investment and loan financing accessed by ,native businesses and ,native entrepreneurs receiving business incubation services2 and 7,v7 an evaluation of the overall performance of the business incubator4 #e4 ,regulations ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall promulgate regulations to implement the program4 #f4 ,schools to business incubator pipeline ,the ,secretary shall facilitate the establishment of relationships between eligible applicants receiving funds through the program and educational institutions serving ,native ,american communities1 including tribal colleges and universities4 #g4 ,agency partnerships ,the ,secretary shall coordinate with the ,secretary of ,agriculture1 the ,secretary of ,commerce1 the ,secretary of the ,treasury1 and the ,administrator of the ,small ,business ,administration to ensure1 to the maximum extent practicable1 that business incubators receiving grant funds under the program have the information and materials needed to provide ,native businesses and ,native entrepreneurs with the information and assistance necessary to apply for business and entrepreneurial development programs administered by the ,department of ,agriculture1 the ,department of ,commerce1 the ,department of the ,treasury1 and the ,small ,business ,administration4 #h4 ,authorizations of appropriations ,there are authorized to be appropriated to carry out the program #e1jjj1jjj for each of fiscal years #bjai through #bjbc4 ,november #bj1 #bjah ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed