[Federal Register Volume 76, Number 44 (Monday, March 7, 2011)]
[Rules and Regulations]
[Pages 12273-12274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5118]


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SMALL BUSINESS ADMINISTRATION

13 CFR Part 124

RIN 3245-AF53


8(a) Business Development Program Regulation Changes; Tribal 
Consultation

AGENCY: U.S. Small Business Administration

ACTION: Notice of tribal consultation meeting; request for comments.

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SUMMARY: The U.S. Small Business Administration (SBA or Agency) 
announces that it is holding a tribal consultation meeting in Las 
Vegas, Nevada to discuss the recent changes to the 8(a) Business 
Development (BD) program regulations and take general comments on 8(a) 
BD program provisions. Additionally, SBA will take comments on the 
mandatory reporting of community benefits of provision 13 CFR 124.604. 
Testimony presented at this tribal consultation meeting will become 
part of the administrative record for SBA's consideration when the 
Agency deliberates on approaches to tracking community benefits.

DATES: The tribal consultation meeting will be held on Thursday, March 
17, 2011 from 1 p.m. to 3 p.m. at the Reservation Economic Summit (RES) 
Conference in the Las Vegas Hilton, Las Vegas, Nevada.
    The tribal consultation meeting pre-registration deadline date is 
March 10, 2011 at 5 p.m. (Eastern Standard Time).

ADDRESSES:
    1. The Las Vegas Tribal Consultation Meeting address is the Las 
Vegas Hilton, 3000 Paradise Road, Las Vegas, NV 89109.
    2. Send pre-registration requests to attend and/or testify to Mr. 
Marcus Grignon, Office of Native American Affairs, U.S. Small Business 
Administration, 409 Third Street, SW., Washington, DC 20416; by e-mail 
to <a href="/cdn-cgi/l/email-protection#610c00130214124f061308060f0e0f211203004f060e17"><span class="__cf_email__" data-cfemail="e885899a8b9d9bc68f9a818f868786a89b8a89c68f879e">[email protected]</span></a>; or by facsimile to (202) 481-6386.
    3. Send all written comments to Ms. LaTanya Wright, Senior Advisor, 
Office of Business Development, U.S. Small Business Administration, 409 
3rd Street, SW., Washington, DC 20416; <a href="/cdn-cgi/l/email-protection#da989e88bfbda99aa9b8bbf4bdb5ac"><span class="__cf_email__" data-cfemail="094b4d5b6c6e7a497a6b68276e667f">[email protected]</span></a> or by facsimile 
to (202) 481-2740.

FOR FURTHER INFORMATION CONTACT: If you have questions on SBA's Final 
Rule

[[Page 12274]]

for the 8(a) BD Program, call or e-mail LaTanya Wright, Senior Advisor, 
Office of Business Development, at (202) 205-5852, or 
<a href="/cdn-cgi/l/email-protection#eda18cb98c83948cc3ba9f848a8599ad9e8f8cc38a829b"><span class="__cf_email__" data-cfemail="602c0134010e19014e371209070814201302014e070f16">[email protected]</span></a>. If you have questions about registering or 
attending the tribal consultation, please contact Mr. Marcus Grignon at 
(202) 401-1455, or <a href="/cdn-cgi/l/email-protection#e08d8192839593ce879289878e8f8ea0938281ce878f96"><span class="__cf_email__" data-cfemail="650804170610164b02170c020b0a0b251607044b020a13">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    On February 11, 2011 (74 FR 55694) SBA issued a Final Rule, 
publicly available at http://frwebgate1.access.gpo.gov/cgibin/TEXTgate.cgi?WAISdocID=kkdLxk/1/1/0&WAISaction=retrieve. In that 
document, SBA made changes to the 8(a) BD Program regulations, its 
small business size regulations and regulations affecting Small 
Disadvantaged Businesses (SDBs). Some of the changes involve technical 
issues. Other changes are more substantive and result from SBA's 
experience in implementing 8(a) BD Program regulations. One such change 
is the addition of reporting requirements 8(a) Participants. 
Specifically, the final rule requires those 8(a) Participants owned by 
ANCs, tribes, NHOs, and CDCs to submit overall information relating to 
how 8(a) participation has benefited the tribal or native members and/
or the tribal, native or other community as part of each Participant's 
annual review submissions, including information about funding cultural 
programs, employment assistance, jobs, scholarships, internships, 
subsistence activities, and other services to the affected community.
    SBA received several comments recommending it delay implementation 
of any reporting of benefits requirement to allow affected firms to 
gather and synthesize this data. In addition, these commenters 
encouraged SBA to establish a task force, comprised of native leaders 
and SBA, to further study how this requirement could be best 
implemented without imposing an undue burden on tribes, ANCs, NHOs or 
CDCs, or on their affected 8(a) Participants. SBA agreed and delayed 
implementation of new Sec.  124.604 for six months after the effective 
date for the other provisions of the final rule. These tribal 
consultations are for the purpose of developing best practices for 
collecting and utilizing the data. SBA expects that two Participants 
owned by the same tribe, ANC, NHO or CDC will submit identical data 
describing the benefits provided by the tribe, ANC, NHO or CDC.

II. Tribal Consultation Meeting

    The purpose of this tribal consultation meeting is to conform to 
the requirements of Executive Order 13175, ``Consultation and 
Coordination with Indian Tribal Governments''; to provide interested 
parties with an opportunity to discuss the 8(a) BD Program regulatory 
changes; and for SBA to obtain the comments of SBA's stakeholders on 
approaches to tracking community benefits. In addition to general oral 
and written comments about 8(a) BD program provisions, SBA is 
requesting oral and written comments on approaches to tracking 
community benefits as required by the 8(a) BD Program regulations. SBA 
considers tribal consultation meetings a valuable component of its 
deliberations and believes that this tribal consultation meeting will 
allow for constructive dialogue with the tribal community, Tribal 
Leaders, Elders and elected members of Alaska Native Villages or their 
appointed representatives.
    The format of this tribal consultation meeting will consist of a 
panel of SBA representatives who will preside over the session. The 
oral and written testimony will become part of the administrative 
record for SBA's consideration. Written testimony may be submitted in 
lieu of oral testimony.
    SBA will analyze the testimony, both oral and written, along with 
any written comments received. SBA officials may ask questions of a 
presenter to clarify or further explain the testimony. The purpose of 
the tribal consultation is to discuss changes to the 8(a) BD Program 
with the tribal community, Tribal Leaders, Elders and elected members 
of Alaska Native Villages or their appointed representatives and to 
seek their comments on approaches to tracking community benefits. SBA 
requests that the comments focus on the new regulatory changes as 
stated in the Agency's Final Rule. SBA requests that commenters not 
raise issues pertaining to other SBA small business programs.
    Presenters may provide a written copy of their testimony. SBA will 
accept written material that the presenter wishes to provide that 
further supplements his or her testimony. Electronic or digitized 
copies are encouraged.
    The tribal consultation meeting will be held for two hours. The 
meeting will begin at 1 p.m. and end at 3 p.m. (Pacific Standard Time). 
SBA will adjourn early if all those scheduled have delivered their 
testimony.

III. Registration

    SBA respectfully requests that an elected or appointed 
representative of the tribal communities that are interested in 
attending please pre-register in advance and indicate whether you would 
like to testify at the hearing. Registration requests should be 
received by SBA by March 10, 2011 at 5 p.m. (Eastern Standard Time). 
Please contact Mr. Marcus Grignon in SBA's Office of Native American 
Affairs in writing at <a href="/cdn-cgi/l/email-protection#abc6cad9c8ded885ccd9c2ccc5c4c5ebd8c9ca85ccc4dd"><span class="__cf_email__" data-cfemail="412c20332234326f263328262f2e2f013223206f262e37">[email protected]</span></a> or by facsimile at (202) 
481-2740.
    If you are interested in testifying, please include the following 
information relating to the person testifying: Name, Organization 
affiliation, Address, Telephone number, E-mail address and Fax number. 
SBA will attempt to accommodate all interested parties who wish to 
present testimony. Based on the number of registrants, it may be 
necessary to impose time limits to ensure that everyone who wishes to 
testify has the opportunity to do so. SBA will confirm in writing the 
registration of presenters and attendees.

IV. Information on Service for Individuals With Disabilities

    For information on facilities or services for individuals with 
disabilities or to request special assistance at the tribal 
consultation meeting, contact Mr. Marcus Grignon at the telephone 
number or e-mail address indicated under the FOR FURTHER INFORMATION 
CONTACT section of this notice.

    Authority:  15 U.S.C. 632, 634(b)(6), 636(b), 637(a), 644 and 
662(5); Pub. L. 105-135, sec. 401 et seq., 111 Stat. 2592; and, E.O. 
13175, 65 FR 67249.

    Dated: March 2, 2011.
Clara Pratte,
National Director for the Office of Native American Affairs.
[FR Doc. 2011-5118 Filed 3-4-11; 8:45 am]
BILLING CODE 8025-01-P


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