I 

111TH CONGRESS 

1ST SESSION H. R. 1834 

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

provided to Indian tribe members, Alaska Natives, and Native Hawaiians, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 1, 2009 

Mrs. KIRKPATRICK of Arizona introduced the following bill; which was 

referred to the Committee on Small Business 

A BILL 

To amend the Small Business Act to expand and improve 

the assistance provided to Indian tribe members, Alaska 

Natives, and Native Hawaiians, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Native American Busi5 ness Development Enhancement Act of 2009’’. 


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1 SEC. 2. OFFICE OF NATIVE AMERICAN AFFAIRS; TRIBAL 

2 BUSINESS INFORMATION CENTERS PRO3 GRAM. 

4 (a) ASSOCIATE ADMINISTRATOR.—Section 4(b)(1) of 

5 the Small Business Act (15 U.S.C. 633(b)(1)) is amend6 ed— 

7 (1) by striking ‘‘five Associate Administrators’’ 

8 and inserting ‘‘six Associate Administrators’’; and 

9 (2) by inserting after ‘‘vested in the Adminis10 tration.’’ the following: ‘‘One such Associate Admin11 istrator shall be the Associate Administrator for Na12 tive American Affairs, who shall administer the Of13 fice of Native American Affairs established under 

14 section 44.’’. 

15 (b) ESTABLISHMENT.—The Small Business Act (15 

16 U.S.C. 631 et seq.) is amended— 

17 (1) by redesignating section 44 as section 45; 

18 and 

19 (2) by inserting after section 43 the following: 

20 ‘‘SEC. 44. OFFICE OF NATIVE AMERICAN AFFAIRS AND 

21 TRIBAL BUSINESS INFORMATION CENTERS 

22 PROGRAM. 

23 ‘‘(a) OFFICE OF NATIVE AMERICAN AFFAIRS.— 

24 ‘‘(1) ESTABLISHMENT.—There is established in 

25 the Administration an Office of Native American AfVerDate Nov 24 2008 06:10 Apr 02, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1834.IH H1834

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1 fairs (hereinafter referred to in this subsection as 

2 the ‘Office’). 

3 ‘‘(2) ASSOCIATE ADMINISTRATOR.—The Office 

4 shall be administered by an Associate Administrator 

5 appointed under section 4(b)(1). 

6 ‘‘(3) RESPONSIBILITIES.—The Office shall have 

7 the following responsibilities: 

8 ‘‘(A) Developing and implementing tools 

9 and strategies to increase Native American en10 trepreneurship. 

11 ‘‘(B) Expanding the access of Native 

12 American entrepreneurs to business training, 

13 capital, and Federal small business contracts. 

14 ‘‘(C) Expanding outreach to Native Amer15 ican communities and aggressively marketing 

16 entrepreneurial development services to such 

17 communities. 

18 ‘‘(D) Representing the Administration with 

19 respect to Native American economic develop20 ment matters. 

21 ‘‘(4) COORDINATION AND OVERSIGHT FUNC22 TION.—The Office shall provide oversight with re23 spect to and assist the implementation of all Admin24 istration initiatives relating to Native American en25 trepreneurial development. 


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1 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

2 To carry out this subsection, there is authorized to 

3 be appropriated to the Administrator $2,000,000 for 

4 each of fiscal years 2010 and 2011. 

5 ‘‘(b) TRIBAL BUSINESS INFORMATION CENTERS

6 PROGRAM.— 

7 ‘‘(1) ESTABLISHMENT.—The Administrator is 

8 authorized to operate, alone or in coordination with 

9 other Federal departments and agencies, a Tribal 

10 Business Information Centers program that provides 

11 Native American populations with business training 

12 and entrepreneurial development assistance. 

13 ‘‘(2) DESIGNATION OF CENTERS.—The Admin14 istrator shall designate entities as centers under the 

15 Tribal Business Information Centers program. 

16 ‘‘(3) ADMINISTRATION SUPPORT.—The Admin17 istrator may contribute agency personnel and re18 sources to the centers designated under paragraph 

19 (2) to carry out this subsection. 

20 ‘‘(4) GRANT PROGRAM.—The Administrator is 

21 authorized to make grants of not more than 

22 $300,000 to centers designated under paragraph (2) 

23 for the purpose of providing Native Americans the 

24 following: 

25 ‘‘(A) Business workshops. 


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1 ‘‘(B) Individualized business counseling. 

2 ‘‘(C) Entrepreneurial development train3 ing. 

4 ‘‘(D) Access to computer technology and 

5 other resources to start or expand a business. 

6 ‘‘(5) REGULATIONS.—The Administrator shall 

7 by regulation establish a process for designating cen8 ters under paragraph (2) and making the grants au9 thorized under paragraph (4). 

10 ‘‘(6) DEFINITION OF ADMINISTRATOR.—In this 

11 subsection, the term ‘Administrator’ means the Ad12 ministrator, acting through the Associate Adminis13 trator administering the Office of Native American 

14 Affairs. 

15 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

16 To carry out this subsection, there is authorized to 

17 be appropriated to the Administrator $15,000,000 

18 for fiscal year 2010 and $17,000,000 for fiscal year 

19 2011. 

20 ‘‘(c) DEFINITION OF NATIVE AMERICAN.—The term 

21 ‘Native American’ means an Indian tribe member, Alaska 

22 Native, or Native Hawaiian as such are defined in section 

23 21(a)(8) of this Act.’’. 


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1 SEC. 3. SMALL BUSINESS DEVELOPMENT CENTER ASSIST2 ANCE TO INDIAN TRIBE MEMBERS, ALASKA 

3 NATIVES, AND NATIVE HAWAIIANS. 

4 (a) IN GENERAL.—Section 21(a) of the Small Busi5 ness Act (15 U.S.C. 648(a)) is amended by adding at the 

6 end the following: 

7 ‘‘(8) ADDITIONAL GRANT TO ASSIST INDIAN

8 TRIBE MEMBERS, ALASKA NATIVES, AND NATIVE HA9 WAIIANS.— 

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

11 eligible State that is funded by the Administra12 tion as a Small Business Development Center 

13 may apply for an additional grant to be used 

14 solely to provide services described in subsection 

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

16 enhancement on Indian lands of small business 

17 startups and expansions owned by Indian tribe 

18 members, Alaska Natives, and Native Hawai19 ians. 

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

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

22 that has a combined population of Indian tribe 

23 members, Alaska Natives, and Native Hawai24 ians that comprises at least 1 percent of the 

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

26 available census. 


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

2 for a grant under subparagraph (A) shall sub3 mit to the Administration an application that is 

4 in such form as the Administration may re5 quire. The application shall include information 

6 regarding the applicant’s goals and objectives 

7 for the services to be provided using the grant, 

8 including— 

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

10 provide training and services to a rep11 resentative number of Indian tribe mem12 bers, Alaska Natives, and Native Hawai13 ians; 

14 ‘‘(ii) the location of the Small Busi15 ness Development Center site proposed by 

16 the applicant; 

17 ‘‘(iii) the required amount of grant 

18 funding needed by the applicant to imple19 ment the program; and 

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

21 has consulted with local tribal councils. 

22 ‘‘(D) APPLICABILITY OF GRANT REQUIRE23 MENTS.—An applicant for a grant under sub24 paragraph (A) shall comply with all of the re25 quirements of this section, except that the 


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1 matching funds requirements under paragraph 

2 (4)(A) shall not apply. 

3 ‘‘(E) MAXIMUM AMOUNT OF GRANTS.—No 

4 applicant may receive more than $300,000 in 

5 grants under this paragraph for any fiscal year. 

6 ‘‘(F) REGULATIONS.—After providing no7 tice and an opportunity for comment and after 

8 consulting with the Association recognized by 

9 the Administration pursuant to paragraph 

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

11 date of enactment of this paragraph), the Ad12 ministration shall issue final regulations to 

13 carry out this paragraph, including regulations 

14 that establish— 

15 ‘‘(i) standards relating to educational, 

16 technical, and support services to be pro17 vided by Small Business Development Cen18 ters receiving assistance under this para19 graph; and 

20 ‘‘(ii) standards relating to any work 

21 plan that the Administration may require a 

22 Small Business Development Center receiv23 ing assistance under this paragraph to de24 velop. 


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1 ‘‘(G) ADVICE OF LOCAL TRIBAL ORGANIZA2 TIONS.—A Small Business Development Center 

3 receiving a grant under this paragraph shall re4 quest the advice of a tribal organization on how 

5 best to provide assistance to Indian tribe mem6 bers, Alaska Natives, and Native Hawaiians 

7 and where to locate satellite centers to provide 

8 such assistance. 

9 ‘‘(H) DEFINITIONS.—In this paragraph, 

10 the following definitions apply: 

11 ‘‘(i) INDIAN LANDS.—The term ‘In12 dian lands’ has the meaning given the term 

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

14 United States Code, the meaning given the 

15 term ‘Indian reservation’ in section 151.2 

16 of title 25, Code of Federal Regulations 

17 (as in effect on the date of enactment of 

18 this paragraph), and the meaning given 

19 the term ‘reservation’ in section 4 of the 

20 Indian Child Welfare Act of 1978 (25 

21 U.S.C. 1903). 

22 ‘‘(ii) INDIAN TRIBE.—The term ‘In23 dian tribe’ means any band, nation, or or24 ganized group or community of Indians lo25 cated in the contiguous United States, and 


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1 the Metlakatla Indian Community, whose 

2 members are recognized as eligible for the 

3 services provided to Indians by the Sec4 retary of the Interior because of their sta5 tus as Indians. 

6 ‘‘(iii) INDIAN TRIBE MEMBER.—The 

7 term ‘Indian tribe member’ means a mem8 ber of an Indian tribe (other than an Alas9 ka Native). 

10 ‘‘(iv) ALASKA NATIVE.—The term 

11 ‘Alaska Native’ has the meaning given the 

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

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

14 1602(b)). 

15 ‘‘(v) NATIVE HAWAIIAN.—The term 

16 ‘Native Hawaiian’ means any individual 

17 who is— 

18 ‘‘(I) a citizen of the United 

19 States; and 

20 ‘‘(II) a descendant of the aborigi21 nal people, who prior to 1778, occu22 pied and exercised sovereignty in the 

23 area that now constitutes the State of 

24 Hawaii. 


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1 ‘‘(vi) TRIBAL ORGANIZATION.—The 

2 term ‘tribal organization’ has the meaning 

3 given that term in section 4(l) of the In4 dian Self-Determination and Education 

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

6 ‘‘(I) AUTHORIZATION OF APPROPRIA7 TIONS.—There is authorized to be appropriated 

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

9 of fiscal years 2010 and 2011. 

10 ‘‘(J) FUNDING LIMITATIONS.— 

11 ‘‘(i) NONAPPLICABILITY OF CERTAIN

12 LIMITATIONS.—Funding under this para13 graph shall be in addition to the dollar 

14 program limitations specified in paragraph 

15 (4). 

16 ‘‘(ii) LIMITATION ON USE OF

17 FUNDS.—The Administration may carry 

18 out this paragraph only with amounts ap19 propriated in advance specifically to carry 

20 out this paragraph.’’. 

Æ 


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