IB 

Union Calendar No. 113 

110TH CONGRESS 

1ST SESSION H. R. 2284 

[Report No. 110–192] 

To amend the Small Business Act to expand and improve the assistance 

provided by Small Business Development Centers to Indian tribe members, Alaska Natives, and Native Hawaiians. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 10, 2007 

Mr. UDALL of New Mexico (for himself, Mr. ABERCROMBIE, Mr. RENZI, Mr. 

MORAN of Virginia, Mr. MICHAUD, Mr. GRIJALVA, Ms. HERSETH

SANDLIN, Mr. HONDA, Ms. MCCOLLUM of Minnesota, Mr. WU, and Mr. 

MOORE of Kansas) introduced the following bill; which was referred to 

the Committee on Small Business 

JUNE 15, 2007 

Additional sponsor: Mr. BRALEY of Iowa 

JUNE 15, 2007 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

A BILL 

To amend the Small Business Act to expand and improve 

the assistance provided by Small Business Development 

Centers to Indian tribe members, Alaska Natives, and 

Native Hawaiians. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. FINDINGS AND PURPOSES. 

4 (a) FINDINGS.—Congress finds the following: 

5 (1) The rate for American Indians and Alaskan 

6 Natives living below 50 percent the poverty level is 

7 11.2 percent, nearly double the rate of the general 

8 population. 

9 (2) The unemployment rate for American Indi10 ans and Alaskan Natives 16 years and over is 13.6 

11 percent, nearly double the rate of the general popu12 lation. 

13 (3) Indian tribe members and Alaska Natives 

14 own more than 201,000 businesses and generate 

15 more than $26,000,000,000 in revenues. The con16 struction industry accounted for 16 percent of these 

17 businesses and 22.5 percent of their total receipts. 

18 The next largest was the service industry (13.2 per19 cent and 3.4 percent, respectively). The third largest 

20 was the health care and social assistance industry 

21 (12.1 percent and 4.6 percent, respectively). 

22 (4) The Small Business Development Center 

23 program is cost effective. Clients receiving long-term 

24 counseling under the program in 2005 generated ad25 ditional tax revenues of $248,000,000, nearly 2.8 


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1 times the cost of the program to the Federal Gov2 ernment. 

3 (5) Using the existing infrastructure of the 

4 Small Business Development Center program, small 

5 businesses owned by Indian tribe members, Alaska 

6 Natives, and Native Hawaiians receiving services 

7 under the program will have a higher survival rate 

8 than the average small business not receiving such 

9 services. 

10 (6) Business counseling and technical assist11 ance is critical on Indian lands where similar serv12 ices are scarce and expensive. 

13 (7) Increased assistance through counseling 

14 under the Small Business Development Center pro15 gram has been shown to reduce the default rate as16 sociated with lending programs of the Small Busi17 ness Administration. 

18 (b) PURPOSES.—The purposes of this Act are as fol19 lows: 

20 (1) To stimulate economies on Indian lands. 

21 (2) To foster economic development on Indian 

22 lands. 

23 (3) To assist in the creation of new small busi24 nesses owned by Indian tribe members, Alaska NaVerDate Aug 31 2005 01:54 Jun 16, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2284.RH H2284

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1 tives, and Native Hawaiians and expand existing 

2 ones. 

3 (4) To provide management, technical, and re4 search assistance to small businesses owned by In5 dian tribe members, Alaska Natives, and Native Ha6 waiians. 

7 (5) To seek the advice of local Tribal Councils 

8 on where small business development assistance is 

9 most needed. 

10 (6) To ensure that Indian tribe members, Alas11 ka Natives, and Native Hawaiians have full access 

12 to existing business counseling and technical assist13 ance available through the Small Business Develop14 ment Center program. 

15 SEC. 2. SMALL BUSINESS DEVELOPMENT CENTER ASSIST16 ANCE TO INDIAN TRIBE MEMBERS, ALASKA 

17 NATIVES, AND NATIVE HAWAIIANS. 

18 (a) IN GENERAL.—Section 21(a) of the Small Busi19 ness Act (15 U.S.C. 648(a)) is amended by adding at the 

20 end the following: 

21 ‘‘(8) ADDITIONAL GRANT TO ASSIST INDIAN

22 TRIBE MEMBERS, ALASKA NATIVES, AND NATIVE HA23 WAIIANS.— 

24 ‘‘(A) IN GENERAL.—Any applicant in an 

25 eligible State that is funded by the AdministraVerDate Aug 31 2005 01:54 Jun 16, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2284.RH H2284

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1 tion as a Small Business Development Center 

2 may apply for an additional grant to be used 

3 solely to provide services described in subsection 

4 (c)(3) to assist with outreach, development, and 

5 enhancement on Indian lands of small business 

6 startups and expansions owned by Indian tribe 

7 members, Alaska Natives, and Native Hawai8 ians. 

9 ‘‘(B) ELIGIBLE STATES.—For purposes of 

10 subparagraph (A), an eligible State is a State 

11 that has a combined population of Indian tribe 

12 members, Alaska Natives, and Native Hawai13 ians that comprises at least 1 percent of the 

14 State’s total population, as shown by the latest 

15 available census. 

16 ‘‘(C) GRANT APPLICATIONS.—An applicant 

17 for a grant under subparagraph (A) shall sub18 mit to the Administration an application that is 

19 in such form as the Administration may re20 quire. The application shall include information 

21 regarding the applicant’s goals and objectives 

22 for the services to be provided using the grant, 

23 including— 

24 ‘‘(i) the capability of the applicant to 

25 provide training and services to a repVerDate Aug 31 2005 01:54 Jun 16, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2284.RH H2284

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1 resentative number of Indian tribe mem2 bers, Alaska Natives, and Native Hawai3 ians; 

4 ‘‘(ii) the location of the Small Busi5 ness Development Center site proposed by 

6 the applicant; 

7 ‘‘(iii) the required amount of grant 

8 funding needed by the applicant to imple9 ment the program; and 

10 ‘‘(iv) the extent to which the applicant 

11 has consulted with local Tribal Councils. 

12 ‘‘(D) APPLICABILITY OF GRANT REQUIRE13 MENTS.—An applicant for a grant under sub14 paragraph (A) shall comply with all of the re15 quirements of this section, except that the 

16 matching funds requirements under paragraph 

17 (4)(A) shall not apply. 

18 ‘‘(E) MAXIMUM AMOUNT OF GRANTS.—No 

19 applicant may receive more than $300,000 in 

20 grants under this paragraph for one fiscal year. 

21 ‘‘(F) REGULATIONS.—After providing no22 tice and an opportunity for comment and after 

23 consulting with the Association recognized by 

24 the Administration pursuant to paragraph 

25 (3)(A) (but not later than 180 days after the 


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1 date of enactment of this paragraph), the Ad2 ministration shall issue final regulations to 

3 carry out this paragraph, including regulations 

4 that establish— 

5 ‘‘(i) standards relating to educational, 

6 technical, and support services to be pro7 vided by Small Business Development Cen8 ters receiving assistance under this para9 graph; and 

10 ‘‘(ii) standards relating to any work 

11 plan that the Administration may require a 

12 Small Business Development Center receiv13 ing assistance under this paragraph to de14 velop. 

15 ‘‘(G) DEFINITIONS.—In this section, the 

16 following definitions apply: 

17 ‘‘(i) INDIAN LANDS.—The term ‘In18 dian lands’ has the meaning given the term 

19 ‘Indian country’ in section 1151 of title 18, 

20 United States Code, the meaning given the 

21 term ‘Indian reservation’ in section 151.2 

22 of title 25, Code of Federal Regulations 

23 (as in effect on the date of enactment of 

24 this paragraph), and the meaning given 

25 the term ‘reservation’ in section 4 of the 


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1 Indian Child Welfare Act of 1978 (25 

2 U.S.C. 1903). 

3 ‘‘(ii) INDIAN TRIBE.—The term ‘In4 dian tribe’ means any band, nation, or or5 ganized group or community of Indians lo6 cated in the contiguous United States, and 

7 the Metlakatla Indian Community, whose 

8 members are recognized as eligible for the 

9 services provided to Indians by the Sec10 retary of the Interior because of their sta11 tus as Indians. 

12 ‘‘(iii) INDIAN TRIBE MEMBER.—The 

13 term ‘Indian tribe member’ means a mem14 ber of an Indian tribe (other than a Alaska 

15 Native). 

16 ‘‘(iv) ALASKA NATIVE.—The term 

17 ‘Alaska Native’ has the meaning given the 

18 term ‘Native’ in section 3(b) of the Alaska 

19 Native Claims Settlement Act (43 U.S.C. 

20 1602(b)). 

21 ‘‘(v) NATIVE HAWAIIAN.—The term 

22 ‘Native Hawaiian’ means any individual 

23 who is— 

24 ‘‘(I) a citizen of the United 

25 States; and 


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1 ‘‘(II) a descendant of the aborigi2 nal people, who prior to 1778, occu3 pied and exercised sovereignty in the 

4 area that now constitutes the State of 

5 Hawaii. 

6 ‘‘(vi) TRIBAL ORGANIZATION.—The 

7 term ‘tribal organization’ has the meaning 

8 given that term in section 4(l) of the In9 dian Self-Determination and Education 

10 Assistance Act (25 U.S.C. 450b(l)). 

11 ‘‘(H) AUTHORIZATION OF APPROPRIA12 TIONS.—There is authorized to be appropriated 

13 to carry out this paragraph $7,000,000 for each 

14 of fiscal years 2008 through 2010. 

15 ‘‘(I) FUNDING LIMITATIONS.— 

16 ‘‘(i) NONAPPLICABILITY OF CERTAIN

17 LIMITATIONS.—Funding under this para18 graph shall be in addition to the dollar 

19 program limitations specified in paragraph 

20 (4). 

21 ‘‘(ii) LIMITATION ON USE OF

22 FUNDS.—The Administration may carry 

23 out this paragraph only with amounts ap24 propriated in advance specifically to carry 

25 out this paragraph.’’. 


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1 SEC. 3. STATE CONSULTATION WITH TRIBAL ORGANIZA2 TIONS. 

3 Section 21(c) of the Small Business Act (15 U.S.C. 

4 648(c)) is amended by adding at the end the following: 

5 ‘‘(9) ADVICE OF LOCAL TRIBAL ORGANIZA6 TIONS.—A Small Business Development Center re7 ceiving a grant under this section shall request the 

8 advice of tribal organization on how best to provide 

9 assistance to Indian tribe members, Alaska Natives, 

10 and Native Hawaiians and where to locate satellite 

11 centers to provide such assistance.’’. 


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Union Calendar No. 113 

110TH CONGRESS 

1ST SESSION H. R. 2284 

[Report No. 110

–192] 

A BILL 

To amend the Small Business Act to expand and 

bers, Alaska Natives, and Native Hawaiians. ness Development Centers to Indian tribe memimprove the assistance provided by Small BusiJUNE 15, 2007 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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