II 

109TH CONGRESS 

1ST SESSION S. 1907 

To promote the development of Native American small business concerns, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 21, 2005 

Mr. JOHNSON (for himself, Ms. CANTWELL, Mr. DORGAN, Mr. INOUYE, Mr. 

KERRY, Mrs. MURRAY, Mr. SMITH, and Ms. STABENOW) introduced the 

following bill; which was read twice and referred to the Committee on 

Small Business and Entrepreneurship 

A BILL 

To promote the development of Native American small 

business concerns, 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 Small 

5 Business Development Act of 2005’’. 

6 SEC. 2. NATIVE AMERICAN SMALL BUSINESS DEVELOP7 MENT PROGRAM. 

8 The Small Business Act (15 U.S.C. 631 et seq.) is 

9 amended— 
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1 (1) by redesignating section 37 as section 38; 

2 and 

3 (2) by inserting after section 36 the following: 

4 ‘‘SEC. 37. NATIVE AMERICAN SMALL BUSINESS DEVELOP5 MENT PROGRAM. 

6 ‘‘(a) DEFINITIONS.—As used in this section— 

7 ‘‘(1) the term ‘Alaska Native’ has the same 

8 meaning as the term ‘Native’ in section 3(b) of the 

9 Alaska Native Claims Settlement Act (43 U.S.C. 

10 1602(b)); 

11 ‘‘(2) the term ‘Alaska Native corporation’ has 

12 the same meaning as the term ‘Native Corporation’ 

13 in section 3(m) of the Alaska Native Claims Settle14 ment Act (43 U.S.C. 1602(m)); 

15 ‘‘(3) the term ‘Assistant Administrator’ means 

16 the Assistant Administrator of the Office of Native 

17 American Affairs established under subsection (b); 

18 ‘‘(4) the terms ‘center’ and ‘Native American 

19 business center’ mean a center established under 

20 subsection (c); 

21 ‘‘(5) the term ‘Native American business devel22 opment center’ means an entity providing business 

23 development assistance to federally recognized tribes 

24 and Native Americans under a grant from the Mi-
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1 nority Business Development Agency of the Depart2 ment of Commerce; 

3 ‘‘(6) the term ‘Native American small business 

4 concern’ means a small business concern that is 

5 owned and controlled by— 

6 ‘‘(A) a member of an Indian tribe or tribal 

7 government; 

8 ‘‘(B) an Alaska Native or Alaska Native 

9 corporation; or 

10 ‘‘(C) a Native Hawaiian or Native Hawai11 ian organization; 

12 ‘‘(7) the term ‘Native Hawaiian’ has the same 

13 meaning as in section 625 of the Older Americans 

14 Act of 1965 (42 U.S.C. 3057k); 

15 ‘‘(8) the term ‘Native Hawaiian organization’ 

16 has the same meaning as in section 8(a)(15); 

17 ‘‘(9) the term ‘tribal college’ has the same 

18 meaning as the term ‘tribally controlled college or 

19 university’ has in section 2(a)(4) of the Tribally 

20 Controlled Community College Assistance Act of 

21 1978 (25 U.S.C. 1801(a)(4)); 

22 ‘‘(10) the term ‘tribal government’ has the 

23 same meaning as the term ‘Indian tribe’ has in sec24 tion 7501(a)(9) of title 31, United States Code; and 
4 

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1 ‘‘(11) the term ‘tribal lands’ means all lands 

2 within the exterior boundaries of any Indian reserva3 tion. 

4 ‘‘(b) OFFICE OF NATIVE AMERICAN AFFAIRS.— 

5 ‘‘(1) ESTABLISHMENT.—There is established 

6 within the Administration the Office of Native 

7 American Affairs, which, under the direction of the 

8 Assistant Administrator, shall implement the Admin9 istration’s programs for the development of business 

10 enterprises by Native Americans. 

11 ‘‘(2) PURPOSE.—The purpose of the Office of 

12 Native American Affairs is to assist Native Amer13 ican entrepreneurs to— 

14 ‘‘(A) start, operate, and grow small busi15 ness concerns; 

16 ‘‘(B) develop management and technical 

17 skills; 

18 ‘‘(C) seek Federal procurement opportuni19 ties; 

20 ‘‘(D) increase employment opportunities 

21 for Native Americans through the start and ex22 pansion of small business concerns; and 

23 ‘‘(E) increase the access of Native Ameri24 cans to capital markets. 

25 ‘‘(3) ASSISTANT ADMINISTRATOR.— 
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1 ‘‘(A) APPOINTMENT.—The Administrator 

2 shall appoint a qualified individual to serve as 

3 Assistant Administrator of the Office of Native 

4 American Affairs in accordance with this para5 graph. 

6 ‘‘(B) QUALIFICATIONS.—The Assistant 

7 Administrator appointed under subparagraph 

8 (A) shall have— 

9 ‘‘(i) knowledge of the Native Amer10 ican culture; and 

11 ‘‘(ii) experience providing culturally 

12 tailored small business development assist13 ance to Native Americans. 

14 ‘‘(C) EMPLOYMENT STATUS.—The Assist15 ant Administrator shall be a Senior Executive 

16 Service position under section 3132(a)(2) of 

17 title 5, United States Code, and shall serve as 

18 a noncareer appointee, as defined in section 

19 3132(a)(7) of title 5, United States Code. 

20 ‘‘(D) RESPONSIBILITIES AND DUTIES.— 

21 The Assistant Administrator shall— 

22 ‘‘(i) administer and manage the Na23 tive American Small Business Development 

24 program established under this section; 
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1 ‘‘(ii) recommend the annual adminis2 trative and program budgets for the Office 

3 of Native American Affairs; 

4 ‘‘(iii) consult with Native American 

5 business centers in carrying out the pro6 gram established under this section; 

7 ‘‘(iv) recommend appropriate funding 

8 levels; 

9 ‘‘(v) review the annual budgets sub10 mitted by each applicant for the Native 

11 American Small Business Development 

12 program; 

13 ‘‘(vi) select applicants to participate in 

14 the program under this section; 

15 ‘‘(vii) implement this section; and 

16 ‘‘(viii) maintain a clearinghouse to 

17 provide for the dissemination and exchange 

18 of information between Native American 

19 business centers. 

20 ‘‘(E) CONSULTATION REQUIREMENTS.—In 

21 carrying out the responsibilities and duties de22 scribed in this paragraph, the Assistant Admin23 istrator shall confer with and seek the advice 

24 of— 
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1 ‘‘(i) Administration officials working 

2 in areas served by Native American busi3 ness centers and Native American business 

4 development centers; 

5 ‘‘(ii) the Bureau of Indian Affairs of 

6 the Department of the Interior; 

7 ‘‘(iii) tribal governments; 

8 ‘‘(iv) tribal colleges; 

9 ‘‘(v) Alaska Native corporations; and 

10 ‘‘(vi) Native Hawaiian organizations. 

11 ‘‘(c) NATIVE AMERICAN SMALL BUSINESS DEVELOP12 MENT PROGRAM.— 

13 ‘‘(1) AUTHORIZATION.— 

14 ‘‘(A) IN GENERAL.—The Administration, 

15 through the Office of Native American Affairs, 

16 shall provide financial assistance to tribal gov17 ernments, tribal colleges, Native Hawaiian or18 ganizations, and Alaska Native corporations to 

19 create Native American business centers in ac20 cordance with this section. 

21 ‘‘(B) USE OF FUNDS.—The financial and 

22 resource assistance provided under this sub23 section shall be used to overcome obstacles im24 peding the creation, development, and expan-
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1 sion of small business concerns, in accordance 

2 with this section, by— 

3 ‘‘(i) reservation-based American Indi4 ans; 

5 ‘‘(ii) Alaska Natives; and 

6 ‘‘(iii) Native Hawaiians. 

7 ‘‘(2) 5-YEAR PROJECTS.— 

8 ‘‘(A) IN GENERAL.—Each Native Amer9 ican business center that receives assistance 

10 under paragraph (1)(A) shall conduct 5-year 

11 projects that offer culturally tailored business 

12 development assistance in the form of— 

13 ‘‘(i) financial education, including 

14 training and counseling in— 

15 ‘‘(I) applying for and securing 

16 business credit and investment cap17 ital; 

18 ‘‘(II) preparing and presenting fi19 nancial statements; and 

20 ‘‘(III) managing cash flow and 

21 other financial operations of a busi22 ness concern; 

23 ‘‘(ii) management education, including 

24 training and counseling in planning, orga25 nizing, staffing, directing, and controlling 
9 

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1 each major activity and function of a small 

2 business concern; and 

3 ‘‘(iii) marketing education, including 

4 training and counseling in— 

5 ‘‘(I) identifying and segmenting 

6 domestic and international market op7 portunities; 

8 ‘‘(II) preparing and executing 

9 marketing plans; 

10 ‘‘(III) developing pricing strate11 gies; 

12 ‘‘(IV) locating contract opportu13 nities; 

14 ‘‘(V) negotiating contracts; and 

15 ‘‘(VI) utilizing varying public re16 lations and advertising techniques. 

17 ‘‘(B) BUSINESS DEVELOPMENT ASSIST18 ANCE RECIPIENTS.—The business development 

19 assistance under subparagraph (A) shall be of20 fered to prospective and current owners of small 

21 business concerns that are owned by— 

22 ‘‘(i) American Indians or tribal gov23 ernments, and located on or near tribal 

24 lands; 
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1 ‘‘(ii) Alaska Natives or Alaska Native 

2 corporations; or 

3 ‘‘(iii) Native Hawaiians or Native Ha4 waiian organizations. 

5 ‘‘(3) FORM OF FEDERAL FINANCIAL ASSIST6 ANCE.— 

7 ‘‘(A) DOCUMENTATION.— 

8 ‘‘(i) IN GENERAL.—The financial as9 sistance to Native American business cen10 ters authorized under this subsection may 

11 be made by grant, contract, or cooperative 

12 agreement. 

13 ‘‘(ii) EXCEPTION.—Financial assist14 ance under this subsection to Alaska Na15 tive corporations or Native Hawaiian orga16 nizations may only be made by grant. 

17 ‘‘(B) PAYMENTS.— 

18 ‘‘(i) TIMING.—Payments made under 

19 this subsection may be disbursed in an an20 nual lump sum or in periodic installments, 

21 at the request of the recipient. 

22 ‘‘(ii) ADVANCE.—The Administration 

23 may disburse not more than 25 percent of 

24 the annual amount of Federal financial as25 sistance awarded to a Native American 
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1 small business center after notice of the 

2 award has been issued. 

3 ‘‘(iii) NO MATCHING REQUIREMENT.— 

4 The Administration shall not require a 

5 grant recipient to match grant funding re6 ceived under this subsection with non-Fed7 eral resources as a condition of receiving 

8 the grant. 

9 ‘‘(4) CONTRACT AND COOPERATIVE AGREE10 MENT AUTHORITY.—A Native American business 

11 center may enter into a contract or cooperative 

12 agreement with a Federal department or agency to 

13 provide specific assistance to Native American and 

14 other under-served small business concerns located 

15 on or near tribal lands, to the extent that such con16 tract or cooperative agreement is consistent with the 

17 terms of any assistance received by the Native 

18 American business center from the Administration. 

19 ‘‘(5) APPLICATION PROCESS.— 

20 ‘‘(A) SUBMISSION OF A 5-YEAR PLAN.— 

21 Each applicant for assistance under paragraph 

22 (1) shall submit a 5-year plan to the Adminis23 tration on proposed assistance and training ac24 tivities. 

25 ‘‘(B) CRITERIA.— 
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1 ‘‘(i) IN GENERAL.—The Administra2 tion shall evaluate and rank applicants in 

3 accordance with predetermined selection 

4 criteria that shall be stated in terms of rel5 ative importance. 

6 ‘‘(ii) PUBLIC NOTICE.—The criteria 

7 required by this paragraph and their rel8 ative importance shall be made publicly 

9 available, within a reasonable time, and 

10 stated in each solicitation for applications 

11 made by the Administration. 

12 ‘‘(iii) CONSIDERATIONS.—The criteria 

13 required by this paragraph shall include— 

14 ‘‘(I) the experience of the appli15 cant in conducting programs or ongo16 ing efforts designed to impart or up17 grade the business skills of current or 

18 potential owners of Native American 

19 small business concerns; 

20 ‘‘(II) the ability of the applicant 

21 to commence a project within a min22 imum amount of time; 

23 ‘‘(III) the ability of the applicant 

24 to provide quality training and serv-
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1 ices to a significant number of Native 

2 Americans; 

3 ‘‘(IV) previous assistance from 

4 the Small Business Administration to 

5 provide services in Native American 

6 communities; and 

7 ‘‘(V) the proposed location for 

8 the Native American business center 

9 site, with priority given based on the 

10 proximity of the center to the popu11 lation being served and to achieve a 

12 broad geographic dispersion of the 

13 centers. 

14 ‘‘(6) PROGRAM EXAMINATION.— 

15 ‘‘(A) IN GENERAL.—Each Native Amer16 ican business center established pursuant to 

17 this subsection shall annually provide the Ad18 ministration with an itemized cost breakdown of 

19 actual expenditures incurred during the pre20 ceding year. 

21 ‘‘(B) ADMINISTRATION ACTION.—Based on 

22 information received under subparagraph (A), 

23 the Administration shall— 

24 ‘‘(i) develop and implement an annual 

25 programmatic and financial examination of 
14 

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1 each Native American business center as2 sisted pursuant to this subsection; and 

3 ‘‘(ii) analyze the results of each exam4 ination conducted under clause (i) to deter5 mine the programmatic and financial via6 bility of each Native American business 

7 center. 

8 ‘‘(C) CONDITIONS FOR CONTINUED FUND9 ING.—In determining whether to renew a grant, 

10 contract, or cooperative agreement with a Na11 tive American business center, the Administra12 tion— 

13 ‘‘(i) shall consider the results of the 

14 most recent examination of the center 

15 under subparagraph (B), and, to a lesser 

16 extent, previous examinations; and 

17 ‘‘(ii) may withhold such renewal, if 

18 the Administration determines that— 

19 ‘‘(I) the center has failed to pro20 vide adequate information required to 

21 be provided under subparagraph (A), 

22 or the information provided by the 

23 center is inadequate; or 

24 ‘‘(II) the center has failed to pro25 vide adequate information required to 
15 

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1 be provided by the center for purposes 

2 of the report of the Administration 

3 under subparagraph (E). 

4 ‘‘(D) CONTINUING CONTRACT AND COOP5 ERATIVE AGREEMENT AUTHORITY.— 

6 ‘‘(i) IN GENERAL.—The authority of 

7 the Administrator to enter into contracts 

8 or cooperative agreements in accordance 

9 with this subsection shall be in effect for 

10 each fiscal year only to the extent and in 

11 the amounts as are provided in advance in 

12 appropriations Acts. 

13 ‘‘(ii) RENEWAL.—After the Adminis14 trator has entered into a contract or coop15 erative agreement with any Native Amer16 ican business center under this subsection, 

17 it shall not suspend, terminate, or fail to 

18 renew or extend any such contract or coop19 erative agreement unless the Administrator 

20 provides the center with written notifica21 tion setting forth the reasons therefore and 

22 affords the center an opportunity for a 

23 hearing, appeal, or other administrative 

24 proceeding under chapter 5 of title 5, 

25 United States Code. 
16 

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1 ‘‘(E) MANAGEMENT REPORT.— 

2 ‘‘(i) IN GENERAL.—The Administra3 tion shall prepare and submit to the Com4 mittee on Small Business and Entrepre5 neurship of the Senate and the Committee 

6 on Small Business of the House of Rep7 resentatives an annual report on the effec8 tiveness of all projects conducted by Native 

9 American business centers under this sub10 section and any pilot programs adminis11 tered by the Office of Native American Af12 fairs. 

13 ‘‘(ii) CONTENTS.—Each report sub14 mitted under clause (i) shall include, with 

15 respect to each Native American business 

16 center receiving financial assistance under 

17 this subsection— 

18 ‘‘(I) the number of individuals re19 ceiving assistance from the Native 

20 American business center; 

21 ‘‘(II) the number of startup busi22 ness concerns created; 

23 ‘‘(III) the number of existing 

24 businesses seeking to expand employ25 ment; 
17 

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1 ‘‘(IV) jobs created or maintained, 

2 on an annual basis, by Native Amer3 ican small business concerns assisted 

4 by the center since receiving funding 

5 under this Act; 

6 ‘‘(V) to the maximum extent 

7 practicable, the capital investment and 

8 loan financing utilized by emerging 

9 and expanding businesses that were 

10 assisted by a Native American busi11 ness center; and 

12 ‘‘(VI) the most recent examina13 tion, as required under subparagraph 

14 (B), and the subsequent determina15 tion made by the Administration 

16 under that subparagraph. 

17 ‘‘(7) ANNUAL REPORT.—Each entity receiving 

18 financial assistance under this subsection shall annu19 ally report to the Administration on the services pro20 vided with such financial assistance, including— 

21 ‘‘(A) the number of individuals assisted, 

22 categorized by ethnicity; 

23 ‘‘(B) the number of hours spent providing 

24 counseling and training for those individuals; 
18 

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1 ‘‘(C) the number of startup small business 

2 concerns created or maintained; 

3 ‘‘(D) the gross receipts of assisted small 

4 business concerns; 

5 ‘‘(E) the number of jobs created or main6 tained at assisted small business concerns; and 

7 ‘‘(F) the number of Native American jobs 

8 created or maintained at assisted small business 

9 concerns. 

10 ‘‘(8) RECORD RETENTION.— 

11 ‘‘(A) APPLICATIONS.—The Administration 

12 shall maintain a copy of each application sub13 mitted under this subsection for not less than 

14 7 years. 

15 ‘‘(B) ANNUAL REPORTS.—The Administra16 tion shall maintain copies of the information 

17 collected under paragraph (6)(A) indefinitely. 

18 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated $5,000,000 for each of 

20 the fiscal years 2006 through 2010, to carry out the Na21 tive American Small Business Development Program, au22 thorized under subsection (c).’’. 

23 SEC. 3. PILOT PROGRAMS. 

24 (a) DEFINITIONS.—In this section, the following defi25 nitions shall apply: 
19 

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1 (1) INCORPORATION BY REFERENCE.—The 

2 terms defined in section 37(a) of the Small Business 

3 Act (as added by this Act) have the same meanings 

4 as in that section 37(a) when used in this section. 

5 (2) JOINT PROJECT.—The term ‘‘joint project’’ 

6 means the combined resources and expertise of 2 or 

7 more distinct entities at a physical location dedi8 cated to assisting the Native American community. 

9 (b) NATIVE AMERICAN DEVELOPMENT GRANT PILOT

10 PROGRAM.— 

11 (1) AUTHORIZATION.— 

12 (A) IN GENERAL.—There is established a 

13 4-year pilot program under which the Adminis14 tration is authorized to award Native American 

15 development grants to provide culturally tai16 lored business development training and related 

17 services to Native Americans and Native Amer18 ican small business concerns. 

19 (B) ELIGIBLE ORGANIZATIONS.—The 

20 grants authorized under subparagraph (A) may 

21 be awarded to— 

22 (i) any small business development 

23 center; or 

24 (ii) any private, nonprofit organization 

25 that— 
20 

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1 (I) has members of an Indian 

2 tribe comprising a majority of its 

3 board of directors; 

4 (II) is a Native Hawaiian organi5 zation; or 

6 (III) is an Alaska Native cor7 poration. 

8 (C) AMOUNTS.—The Administration shall 

9 not award a grant under this subsection in an 

10 amount which exceeds $100,000 for each year 

11 of the project. 

12 (D) GRANT DURATION.—Each grant under 

13 this subsection shall be awarded for not less 

14 than a 2-year period and not more than a 4- 

15 year period. 

16 (2) CONDITIONS FOR PARTICIPATION.—Each 

17 entity desiring a grant under this subsection shall 

18 submit an application to the Administration that 

19 contains— 

20 (A) a certification that the applicant— 

21 (i) is a small business development 

22 center or a private, nonprofit organization 

23 under paragraph (1)(B)(i); 
21 

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1 (ii) employs an executive director or 

2 program manager to manage the facility; 

3 and 

4 (iii) agrees— 

5 (I) to a site visit as part of the 

6 final selection process; 

7 (II) to an annual programmatic 

8 and financial examination; and 

9 (III) to the maximum extent 

10 practicable, to remedy any problems 

11 identified pursuant to that site visit or 

12 examination; 

13 (B) information demonstrating that the 

14 applicant has the ability and resources to meet 

15 the needs, including cultural needs, of the Na16 tive Americans to be served by the grant; 

17 (C) information relating to proposed assist18 ance that the grant will provide, including— 

19 (i) the number of individuals to be as20 sisted; and 

21 (ii) the number of hours of counseling, 

22 training, and workshops to be provided; 

23 (D) information demonstrating the effec24 tive experience of the applicant in— 
22 

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1 (i) conducting financial, management, 

2 and marketing assistance programs de3 signed to impart or upgrade the business 

4 skills of current or prospective Native 

5 American business owners; 

6 (ii) providing training and services to 

7 a representative number of Native Ameri8 cans; 

9 (iii) using resource partners of the 

10 Administration and other entities, includ11 ing universities, tribal governments, or 

12 tribal colleges; and 

13 (iv) the prudent management of fi14 nances and staffing; 

15 (E) the location where the applicant will 

16 provide training and services to Native Ameri17 cans; and 

18 (F) a multiyear plan, corresponding to the 

19 length of the grant, that describes— 

20 (i) the number of Native Americans 

21 and Native American small business con22 cerns to be served by the grant; 

23 (ii) in the continental United States, 

24 the number of Native Americans to be 

25 served by the grant; and 
23 

•S 1907 IS 

1 (iii) the training and services to be 

2 provided to a representative number of Na3 tive Americans. 

4 (3) REVIEW OF APPLICATIONS.—The Adminis5 tration shall— 

6 (A) evaluate and rank applicants under 

7 paragraph (2) in accordance with predeter8 mined selection criteria that is stated in terms 

9 of relative importance; 

10 (B) include such criteria in each solicita11 tion under this subsection and make such infor12 mation available to the public; and 

13 (C) approve or disapprove each completed 

14 application submitted under this subsection not 

15 more than 60 days after submission. 

16 (4) ANNUAL REPORT.—Each recipient of a Na17 tive American development grant under this sub18 section shall annually report to the Administration 

19 on the impact of the grant funding, including— 

20 (A) the number of individuals assisted, cat21 egorized by ethnicity; 

22 (B) the number of hours spent providing 

23 counseling and training for those individuals; 
24 

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1 (C) the number of startup small business 

2 concerns created or maintained with assistance 

3 from a Native American business center; 

4 (D) the gross receipts of assisted small 

5 business concerns; 

6 (E) the number of jobs created or main7 tained at assisted small business concerns; and 

8 (F) the number of Native American jobs 

9 created or maintained at assisted small business 

10 concerns. 

11 (5) RECORD RETENTION.— 

12 (A) APPLICATIONS.—The Administration 

13 shall maintain a copy of each application sub14 mitted under this subsection for not less than 

15 7 years. 

16 (B) ANNUAL REPORTS.—The Administra17 tion shall maintain copies of the information 

18 collected under paragraph (4) indefinitely. 

19 (c) AMERICAN INDIAN TRIBAL ASSISTANCE CENTER

20 GRANT PILOT PROGRAM.— 

21 (1) AUTHORIZATION.— 

22 (A) IN GENERAL.—There is established a 

23 4-year pilot program, under which the Adminis24 tration shall award not less than 3 American 

25 Indian Tribal Assistance Center grants to es-
25 

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1 tablish joint projects to provide culturally tai2 lored business development assistance to pro3 spective and current owners of small business 

4 concerns located on or near tribal lands. 

5 (B) ELIGIBLE ORGANIZATIONS.— 

6 (i) CLASS 1.—Not fewer than 1 grant 

7 shall be awarded to a joint project per8 formed by a Native American business cen9 ter, a Native American business develop10 ment center, and a small business develop11 ment center. 

12 (ii) CLASS 2.—Not fewer than 2 

13 grants shall be awarded to joint projects 

14 performed by a Native American business 

15 center and a Native American business de16 velopment center. 

17 (C) AMOUNTS.—The Administration shall 

18 not award a grant under this subsection in an 

19 amount which exceeds $200,000 for each year 

20 of the project. 

21 (D) GRANT DURATION.—Each grant under 

22 this subsection shall be awarded for a 3-year 

23 period. 

24 (2) CONDITIONS FOR PARTICIPATION.—Each 

25 entity desiring a grant under this subsection shall 
26 

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1 submit to the Administration a joint application that 

2 contains— 

3 (A) a certification that each participant of 

4 the joint application— 

5 (i) is either a Native American busi6 ness center, a Native American business 

7 development center, or a small business de8 velopment center; 

9 (ii) employs an executive director or 

10 program manager to manage the center; 

11 and 

12 (iii) as a condition of receiving the 

13 American Indian Tribal Assistance Center 

14 grant, agrees— 

15 (I) to an annual programmatic 

16 and financial examination; and 

17 (II) to the maximum extent prac18 ticable, to remedy any problems iden19 tified pursuant to that examination; 

20 (B) information demonstrating an historic 

21 commitment to providing assistance to Native 

22 Americans— 

23 (i) residing on or near tribal lands; or 

24 (ii) operating a small business concern 

25 on or near tribal lands; 
27 

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1 (C) information demonstrating that each 

2 participant of the joint application has the abil3 ity and resources to meet the needs, including 

4 the cultural needs of the Native Americans to 

5 be served by the grant; 

6 (D) information relating to proposed as7 sistance that the grant will provide, including— 

8 (i) the number of individuals to be as9 sisted; and 

10 (ii) the number of hours of counseling, 

11 training, and workshops to be provided; 

12 (E) information demonstrating the effec13 tive experience of each participant of the joint 

14 application in— 

15 (i) conducting financial, management, 

16 and marketing assistance programs, as de17 scribed above, designed to impart or up18 grade the business skills of current or pro19 spective Native American business owners; 

20 and 

21 (ii) the prudent management of fi22 nances and staffing; and 

23 (F) a plan for the length of the grant, that 

24 describes— 
28 

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1 (i) the number of Native Americans 

2 and Native American small business con3 cerns to be served by the grant; and 

4 (ii) the training and services to be 

5 provided. 

6 (3) REVIEW OF APPLICATIONS.—The Adminis7 tration shall— 

8 (A) evaluate and rank applicants under 

9 paragraph (2) in accordance with predeter10 mined selection criteria that is stated in terms 

11 of relative importance; 

12 (B) include such criteria in each solicita13 tion under this subsection and make such infor14 mation available to the public; and 

15 (C) approve or disapprove each application 

16 submitted under this subsection not more than 

17 60 days after submission. 

18 (4) ANNUAL REPORT.—Each recipient of an 

19 American Indian tribal assistance center grant 

20 under this subsection shall annually report to the 

21 Administration on the impact of the grant funding 

22 received during the reporting year, and the cumu23 lative impact of the grant funding received since the 

24 initiation of the grant, including— 
29 

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1 (A) the number of individuals assisted, cat2 egorized by ethnicity; 

3 (B) the number of hours of counseling and 

4 training provided and workshops conducted; 

5 (C) the number of startup business con6 cerns created or maintained with assistance 

7 from a Native American business center; 

8 (D) the gross receipts of assisted small 

9 business concerns; 

10 (E) the number of jobs created or main11 tained at assisted small business concerns; and 

12 (F) the number of Native American jobs 

13 created or maintained at assisted small business 

14 concerns. 

15 (5) RECORD RETENTION.— 

16 (A) APPLICATIONS.—The Administration 

17 shall maintain a copy of each application sub18 mitted under this subsection for not less than 

19 7 years. 

20 (B) ANNUAL REPORTS.—The Administra21 tion shall maintain copies of the information 

22 collected under paragraph (4) indefinitely. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated— 
30 

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1 (1) $1,000,000 for each of the fiscal years 2006 

2 through 2009, to carry out the Native American De3 velopment Grant Pilot Program, authorized under 

4 subsection (b); and 

5 (2) $1,000,000 for each of the fiscal years 2006 

6 through 2009, to carry out the American Indian 

7 Tribal Assistance Center Grant Pilot Program, au8 thorized under subsection (c). 

Æ