IB 

Union Calendar No. 869 

115TH CONGRESS 

2D SESSION H. R. 4506 

[Report No. 115–1064, Part I] 

To provide incentives to encourage tribal job creation and economic activity, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 30, 2017 

Mrs. TORRES (for herself, Mr. COLE, Mrs. RADEWAGEN, Mr. KIND, Mr. 

O’HALLERAN, Ms. JACKSON LEE, and Mr. GRIJALVA) introduced the following bill; which was referred to the Committee on Natural Resources, 

and in addition to the Committees on Foreign Affairs, and Education and 

the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

DECEMBER 3, 2018 

Reported from the Committee on Natural Resources with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

DECEMBER 3, 2018 

Referral to the Committees on Foreign Affairs and Education and the 

Workforce extended for a period ending not later than December 28, 2018 

DECEMBER 28, 2018 

Additional sponsors: Mr. KHANNA, Mr. MEEKS, Mr. SOTO, Mr. GOMEZ, Ms. 

MCCOLLUM, Mr. KILMER, Ms. WILSON of Florida, Mr. DENHAM, Ms. 

STEFANIK, Mr. YOUNG of Alaska, Ms. ROS-LEHTINEN, and Mr. 

VALADAO

DECEMBER 28, 2018 

Committees on Foreign Affairs and Education and the Workforce discharged; 

committed to the Committee of the Whole House on the State of the 

Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on November 30, 2017] 


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A BILL 

To provide incentives to encourage tribal job creation and 

economic activity, and for other purposes. 


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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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Jobs for Tribes Act’’. 

5 SEC. 2. TABLE OF CONTENTS. 

6 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—INDIAN ECONOMIC ENHANCEMENT ACT OF 2018 

Sec. 101. Short title. 

Sec. 102. Native American Business Development, Trade Promotion, and Tourism Act of 2000. 

Sec. 103. Buy Indian Act. 

Sec. 104. Native American Programs Act of 1974. 

TITLE II—NATIVE AMERICAN BUSINESS INCUBATORS PROGRAM 

ACT 

Sec. 201. Short title. 

Sec. 202. Definitions. 

Sec. 203. Establishment of program. 

Sec. 204. Schools to business incubator pipeline. 

Sec. 205. Agency partnerships. 

TITLE III—INDIGENOUS PEOPLES EXCHANGE AND ECONOMIC 

COOPERATION ACT 

Sec. 301. Short title. 

Sec. 302. Statement of policy. 

Sec. 303. Definitions. 

Sec. 304. Strategy. 

Sec. 305. United States assistance to support indigenous peoples. 

7 TITLE I—INDIAN ECONOMIC 

8 ENHANCEMENT ACT OF 2018 

9 SEC. 101. SHORT TITLE. 

10 This title may be cited as the ‘‘Indian Community 

11 Economic Enhancement Act of 2018’’. 


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1 SEC. 102. NATIVE AMERICAN BUSINESS DEVELOPMENT, 

2 TRADE PROMOTION, AND TOURISM ACT OF 

3 2000. 

4 (a) FINDINGS; PURPOSES.—Section 2 of the Native 

5 American Business Development, Trade Promotion, and 

6 Tourism Act of 2000 (25 U.S.C. 4301) is amended by add7 ing at the end the following: 

8 ‘‘(c) APPLICABILITY TO INDIAN-OWNED BUSI9 NESSES.—The findings and purposes in subsections (a) and 

10 (b) shall apply to any Indian-owned business governed— 

11 ‘‘(1) by tribal laws regulating trade or commerce 

12 on Indian lands; or 

13 ‘‘(2) pursuant to section 5 of the Act of August 

14 15, 1876 (19 Stat. 200, chapter 289; 25 U.S.C. 

15 261).’’. 

16 (b) DEFINITIONS.—Section 3 of the Native American 

17 Business Development, Trade Promotion, and Tourism Act 

18 of 2000 (25 U.S.C. 4302) is amended— 

19 (1) by redesignating paragraphs (1) through (6) 

20 and paragraphs (7) through (9), as paragraphs (2) 

21 through (7) and paragraphs (9) through (11), respec22 tively; 

23 (2) by inserting before paragraph (2) (as redesig24 nated by paragraph (1)) the following: 


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1 ‘‘(1) DIRECTOR.—The term ‘Director’ means the 

2 Director of Native American Business Development 

3 appointed pursuant to section 4(a)(2).’’; and 

4 (3) by inserting after paragraph (7) (as redesig5 nated by paragraph (1)) the following: 

6 ‘‘(8) OFFICE.—The term ‘Office’ means the Office 

7 of Native American Business Development established 

8 by section 4(a)(1).’’. 

9 (c) OFFICE OF NATIVE AMERICAN BUSINESS DEVEL10 OPMENT.—Section 4 of the Native American Business De11 velopment, Trade Promotion, and Tourism Act of 2000 (25 

12 U.S.C. 4303) is amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (1)— 

15 (i) by striking ‘‘Department of Com16 merce’’ and inserting ‘‘Office of the Sec17 retary’’; and 

18 (ii) by striking ‘‘(referred to in this 

19 Act as the ‘Office’)’’; and 

20 (B) in paragraph (2), in the first sentence, 

21 by striking ‘‘(referred to in this Act as the ‘Di22 rector’)’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(c) DUTIES OF DIRECTOR.— 

25 ‘‘(1) IN GENERAL.—The Director shall serve as— 


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1 ‘‘(A) the program and policy advisor to the 

2 Secretary with respect to the trust and govern3 mental relationship between the United States 

4 and Indian tribes; and 

5 ‘‘(B) the point of contact for Indian tribes, 

6 tribal organizations, and Indians regarding— 

7 ‘‘(i) policies and programs of the De8 partment of Commerce; and 

9 ‘‘(ii) other matters relating to economic 

10 development and doing business in Indian 

11 lands. 

12 ‘‘(2) DEPARTMENTAL COORDINATION.—The Di13 rector shall coordinate with all offices and agencies 

14 within the Department of Commerce to ensure that 

15 each office and agency has an accountable process to 

16 ensure— 

17 ‘‘(A) meaningful and timely coordination 

18 and assistance, as required by this Act; and 

19 ‘‘(B) consultation with Indian tribes re20 garding the policies, programs, assistance, and 

21 activities of the offices and agencies.’’. 

22 (d) INDIAN COMMUNITY DEVELOPMENT INITIA23 TIVES.—The Native American Business Development, 

24 Trade Promotion, and Tourism Act of 2000 is amended— 


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1 (1) by redesignating section 8 (25 U.S.C. 4307) 

2 as section 9; and 

3 (2) by inserting after section 7 (25 U.S.C. 4306) 

4 the following: 

5 ‘‘SEC. 8. INDIAN COMMUNITY DEVELOPMENT INITIATIVES. 

6 ‘‘(a) INTERAGENCY COORDINATION.—Not later than 1 

7 year after the enactment of this section, the Secretary, the 

8 Secretary of the Interior, and the Secretary of the Treasury 

9 shall coordinate— 

10 ‘‘(1) to develop initiatives that— 

11 ‘‘(A) encourage, promote, and provide edu12 cation regarding investments in Indian commu13 nities through— 

14 ‘‘(i) the loan guarantee program of Bu15 reau of Indian Affairs under section 201 of 

16 the Indian Financing Act of 1974 (25 

17 U.S.C. 1481); 

18 ‘‘(ii) programs carried out using 

19 amounts in the Community Development 

20 Financial Institutions Fund established 

21 under section 104(a) of the Community De22 velopment Banking and Financial Institu23 tions Act of 1994 (12 U.S.C. 4703(a)); and 

24 ‘‘(iii) other capital development pro25 grams; 


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1 ‘‘(B) examine and develop alternatives that 

2 would qualify as collateral for financing in In3 dian communities; and 

4 ‘‘(C) provide entrepreneur and other train5 ing relating to economic development through 

6 tribally controlled colleges and universities and 

7 other Indian organizations with experience in 

8 providing such training; 

9 ‘‘(2) to consult with Indian tribes and with the 

10 Securities and Exchange Commission to study, and 

11 collaborate to establish, regulatory changes necessary 

12 to qualify an Indian tribe as an accredited investor 

13 for the purposes of sections 230.500 through 230.508 

14 of title 17, Code of Federal Regulations (or successor 

15 regulations), consistent with the goals of promoting 

16 capital formation and ensuring qualifying Indian 

17 tribes have the ability to withstand investment loss, 

18 on a basis comparable to other legal entities that 

19 qualify as accredited investors who are not natural 

20 persons; 

21 ‘‘(3) to identify regulatory, legal, or other bar22 riers to increasing investment, business, and economic 

23 development, including qualifying or approving col24 lateral structures, measurements of economic strength, 

25 and contributions of Indian economies in Indian 


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1 communities through the Authority established under 

2 section 4 of the Indian Tribal Regulatory Reform and 

3 Business Development Act of 2000 (25 U.S.C. 4301 

4 note); 

5 ‘‘(4) to ensure consultation with Indian tribes 

6 regarding increasing investment in Indian commu7 nities and the development of the report required in 

8 paragraph (5); and 

9 ‘‘(5) to provide a report to Congress regarding 

10 improvements to Indian communities resulting from 

11 such initiatives and recommendations for promoting 

12 sustained growth of the tribal economies. 

13 ‘‘(b) WAIVER.—For assistance provided pursuant to 

14 section 108 of the Community Development Banking and 

15 Financial Institutions Act of 1994 (12 U.S.C. 4707) to ben16 efit Native Community Development Financial Institu17 tions, as defined by the Secretary of the Treasury, section 

18 108(e) of such Act shall not apply. 

19 ‘‘(c) INDIAN ECONOMIC DEVELOPMENT FEASIBILITY

20 STUDY.— 

21 ‘‘(1) IN GENERAL.—The Government Account22 ability Office shall conduct a study and, not later 

23 than 18 months after the date of enactment of this 

24 subsection, submit to the Committee on Indian Affairs 

25 of the Senate and the Committee on Natural ReVerDate Sep 11 2014 21:34 Dec 28, 2018 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H4506.RH H4506

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1 sources of the House of Representatives a report on 

2 the findings of the study and recommendations. 

3 ‘‘(2) CONTENTS.—The study shall include an as4 sessment of each of the following: 

5 ‘‘(A) IN GENERAL.—The study shall assess 

6 current Federal capitalization and related pro7 grams and services that are available to assist 

8 Indian communities with business and economic 

9 development, including manufacturing, physical 

10 infrastructure (such as telecommunications and 

11 broadband), community development, and facili12 ties construction for such purposes. For each of 

13 the Federal programs and services identified, the 

14 study shall assess the current use and demand by 

15 Indian tribes, individuals, businesses, and com16 munities of the programs, the capital needs of 

17 Indian tribes, businesses, and communities re18 lated to economic development, and the extent 

19 that similar programs have been used to assist 

20 non-Indian communities compared to the extent 

21 used for Indian communities. 

22 ‘‘(B) FINANCING ASSISTANCE.—The study 

23 shall assess and quantify the extent of assistance 

24 provided to non-Indian borrowers and to Indian 

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1 ing information about such assistance as a per2 centage of need for Indian borrowers and for 

3 non-Indian borrowers, assistance to Indian bor4 rowers and to non-Indian borrowers as a per5 centage of total applicants, and such assistance 

6 to Indian borrowers as individuals as compared 

7 to such assistance to Indian tribes) through the 

8 loan programs, the loan guarantee programs, or 

9 bond guarantee programs of the— 

10 ‘‘(i) Department of the Interior; 

11 ‘‘(ii) Department of Agriculture; 

12 ‘‘(iii) Department of Housing and 

13 Urban Development; 

14 ‘‘(iv) Department of Energy; 

15 ‘‘(v) Small Business Administration; 

16 and 

17 ‘‘(vi) Community Development Finan18 cial Institutions Fund of the Department of 

19 the Treasury. 

20 ‘‘(C) TAX INCENTIVES.—The study shall as21 sess and quantify the extent of the assistance and 

22 allocations afforded for non-Indian projects and 

23 for Indian projects pursuant to each of the fol24 lowing tax incentive programs: 

25 ‘‘(i) New market tax credit. 


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1 ‘‘(ii) Low income housing tax credit. 

2 ‘‘(iii) Investment tax credit. 

3 ‘‘(iv) Renewable energy tax incentives. 

4 ‘‘(v) Accelerated depreciation. 

5 ‘‘(D) TRIBAL INVESTMENT INCENTIVE.—The 

6 study shall assess various alternative incentives 

7 that could be provided to enable and encourage 

8 tribal governments to invest in an Indian com9 munity development investment fund or bank.’’. 

10 SEC. 103. BUY INDIAN ACT. 

11 Section 23 of the Act of June 25, 1910 (commonly 

12 known as the ‘‘Buy Indian Act’’) (36 Stat. 861, chapter 

13 431; 25 U.S.C. 47), is amended to read as follows: 

14 ‘‘SEC. 23. EMPLOYMENT OF INDIAN LABOR AND PURCHASE 

15 OF PRODUCTS OF INDIAN INDUSTRY; PAR16 TICIPATION IN MENTOR-PROTEGE PROGRAM. 

17 ‘‘(a) DEFINITIONS.—In this section: 

18 ‘‘(1) INDIAN ECONOMIC ENTERPRISE.—The term 

19 ‘Indian economic enterprise’ has the meaning given 

20 the term in section 1480.201 of title 48, Code of Fed21 eral Regulations (or successor regulations). 

22 ‘‘(2) MENTOR FIRM; PROTEGE FIRM.—The terms 

23 ‘mentor firm’ and ‘protege firm’ have the meanings 

24 given those terms in section 831(c) of the National 


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1 Defense Authorization Act for Fiscal Year 1991 (10 

2 U.S.C. 2302 note; Public Law 101–510). 

3 ‘‘(3) SECRETARIES.—The term ‘Secretaries’ 

4 means— 

5 ‘‘(A) the Secretary of the Interior; and 

6 ‘‘(B) the Secretary of Health and Human 

7 Services. 

8 ‘‘(b) ENTERPRISE DEVELOPMENT.— 

9 ‘‘(1) IN GENERAL.—Unless determined by one of 

10 the Secretaries to be impracticable and unreason11 able— 

12 ‘‘(A) Indian labor shall be employed; and 

13 ‘‘(B) purchases of Indian industry products 

14 (including printing and facilities construction, 

15 notwithstanding any other provision of law) 

16 may be made in open market by the Secretaries. 

17 ‘‘(2) MENTOR-PROTEGE PROGRAM.— 

18 ‘‘(A) IN GENERAL.—Participation in the 

19 Mentor-Protege Program established under sec20 tion 831(a) of the National Defense Authoriza21 tion Act for Fiscal Year 1991 (10 U.S.C. 2302 

22 note; Public Law 101–510) or receipt of assist23 ance under a developmental assistance agreement 

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1 dian labor or an Indian industry product ineli2 gible to receive assistance under this section. 

3 ‘‘(B) TREATMENT.—For purposes of this 

4 section, no determination of affiliation or control 

5 (whether direct or indirect) may be found be6 tween a protege firm and a mentor firm on the 

7 basis that the mentor firm has provided, or 

8 agreed to provide, to the protege firm, pursuant 

9 to a mentor-protege agreement, any form of de10 velopmental assistance described in section 

11 831(f) of the National Defense Authorization Act 

12 for Fiscal Year 1991 (10 U.S.C. 2302 note; Pub13 lic Law 101–510). 

14 ‘‘(c) IMPLEMENTATION.—In carrying out this section, 

15 the Secretaries shall— 

16 ‘‘(1) conduct outreach to Indian industrial enti17 ties; 

18 ‘‘(2) provide training; 

19 ‘‘(3) promulgate regulations in accordance with 

20 this section and with the regulations under part 1480 

21 of title 48, Code of Federal Regulations (or successor 

22 regulations), to harmonize the procurement proce23 dures of the Department of the Interior and the De24 partment of Health and Human Services, to the max25 imum extent practicable; and 


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1 ‘‘(4) require procurement management reviews 

2 by their respective Departments to include a review of 

3 the implementation of this section.’’. 

4 SEC. 104. NATIVE AMERICAN PROGRAMS ACT OF 1974. 

5 (a) FINANCIAL ASSISTANCE FOR NATIVE AMERICAN

6 PROJECTS.—Section 803 of the Native American Programs 

7 Act of 1974 (42 U.S.C. 2991b) is amended— 

8 (1) by redesignating subsections (b) through (d) 

9 as subsections (c) through (e), respectively; and 

10 (2) by inserting after subsection (a) the fol11 lowing: 

12 ‘‘(b) ECONOMIC DEVELOPMENT.— 

13 ‘‘(1) IN GENERAL.—The Commissioner may pro14 vide assistance under subsection (a) for projects relat15 ing to the purposes of this title to a Native commu16 nity development financial institution, as defined by 

17 the Secretary of the Treasury. 

18 ‘‘(2) PRIORITY.—With regard to not less than 50 

19 percent of the total amount available for assistance 

20 under this section, the Commissioner shall give pri21 ority to any application seeking assistance for— 

22 ‘‘(A) the development of a tribal code or 

23 court system for purposes of economic develop24 ment, including commercial codes, training for 

25 court personnel, regulation pursuant to section 5 


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1 of the Act of August 15, 1876 (19 Stat. 200, 

2 chapter 289; 25 U.S.C. 261), and the develop3 ment of nonprofit subsidiaries or other tribal 

4 business structures; 

5 ‘‘(B) the development of a community devel6 opment financial institution, including training 

7 and administrative expenses; or 

8 ‘‘(C) the development of a tribal master 

9 plan for community and economic development 

10 and infrastructure.’’. 

11 (b) TECHNICAL ASSISTANCE AND TRAINING.—Section 

12 804 of the Native American Programs Act of 1974 (42 

13 U.S.C. 2991c) is amended— 

14 (1) in the matter preceding paragraph (1), by 

15 striking ‘‘The Commissioner’’ and inserting the fol16 lowing: 

17 ‘‘(a) IN GENERAL.—The Commissioner’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(b) PRIORITY.—In providing assistance under sub20 section (a), the Commissioner shall give priority to any ap21 plication described in section 803(b)(2).’’. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 816 of the Native American Programs Act of 1974 (42 

24 U.S.C. 2992d) is amended by striking ‘‘803(d)’’ each place 

25 it appears and inserting ‘‘803(e)’’. 


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1 TITLE II—NATIVE AMERICAN 

2 BUSINESS INCUBATORS PRO3 GRAM ACT 

4 SEC. 201. SHORT TITLE. 

5 This title may be cited as the ‘‘Native American Busi6 ness Incubators Program Act’’. 

7 SEC. 202. DEFINITIONS. 

8 In this title: 

9 (1) BUSINESS INCUBATOR.—The term ‘‘business 

10 incubator’’ means an organization that— 

11 (A) provides physical workspace and facili12 ties resources to startups and established busi13 nesses; and 

14 (B) is designed to accelerate the growth and 

15 success of businesses through a variety of busi16 ness support resources and services, including— 

17 (i) access to capital, business edu18 cation, and counseling; 

19 (ii) networking opportunities; 

20 (iii) mentorship opportunities; and 

21 (iv) other services intended to aid in 

22 developing a business. 

23 (2) ELIGIBLE APPLICANT.—The term ‘‘eligible 

24 applicant’’ means an applicant eligible to apply for 

25 a grant under section 203(b). 


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1 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 

2 the meaning given the term in section 4 of the Indian 

3 Self-Determination and Education Assistance Act (25 

4 U.S.C. 5304). 

5 (4) INSTITUTION OF HIGHER EDUCATION.—The 

6 term ‘‘institution of higher education’’ has the mean7 ing given the term in section 101 of the Higher Edu8 cation Act of 1965 (20 U.S.C. 1001). 

9 (5) NATIVE AMERICAN; NATIVE.—The terms ‘‘Na10 tive American’’ and ‘‘Native’’ have the meaning given 

11 the term ‘‘Indian’’ in section 4 of the Indian Self-De12 termination and Education Assistance Act (25 U.S.C. 

13 5304). 

14 (6) NATIVE BUSINESS.—The term ‘‘Native busi15 ness’’ means a business concern that is at least 51- 

16 percent owned and controlled by one or more Native 

17 Americans. 

18 (7) NATIVE ENTREPRENEUR.—The term ‘‘Native 

19 entrepreneur’’ means an entrepreneur who is a Native 

20 American. 

21 (8) PROGRAM.—The term ‘‘program’’ means the 

22 program established under section 203(a). 

23 (9) RESERVATION.—The term ‘‘reservation’’ has 

24 the meaning given the term in section 3 of the Indian 

25 Financing Act of 1974 (25 U.S.C. 1452). 


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1 (10) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (11) TRIBAL COLLEGE OR UNIVERSITY.—The 

4 term ‘‘tribal college or university’’ has the meaning 

5 given the term ‘‘Tribal College or University’’ in sec6 tion 316(b) of the Higher Education Act of 1965 (20 

7 U.S.C. 1059c(b)). 

8 SEC. 203. ESTABLISHMENT OF PROGRAM. 

9 (a) IN GENERAL.—The Secretary shall establish a pro10 gram in the Office of Indian Energy and Economic Devel11 opment’s Division of Economic Development under which 

12 the Secretary shall provide financial assistance in the form 

13 of competitive grants to eligible applicants for the establish14 ment and operation of business incubators that serve res15 ervation communities by providing business incubation and 

16 other business services to Native businesses and Native en17 trepreneurs. 

18 (b) ELIGIBLE APPLICANTS.— 

19 (1) IN GENERAL.—To be eligible to receive a 

20 grant under the program, an applicant shall— 

21 (A) be— 

22 (i) an Indian tribe; 

23 (ii) a tribal college or university; 

24 (iii) an institution of higher education; 

25 or 


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1 (iv) a private nonprofit organization 

2 or tribal nonprofit organization that— 

3 (I) provides business and finan4 cial technical assistance; and 

5 (II) will commit to serving one or 

6 more reservation communities; 

7 (B) be able to provide the physical work8 space, equipment, and connectivity necessary for 

9 Native businesses and Native entrepreneurs to 

10 collaborate and conduct business on a local, re11 gional, national, and international level; and 

12 (C) in the case of an entity described in 

13 clauses (ii) through (iv) of subparagraph (A), 

14 have been operational for not less than 1 year be15 fore receiving a grant under the program. 

16 (2) JOINT PROJECT.— 

17 (A) IN GENERAL.—Two or more entities 

18 may submit a joint application for a project that 

19 combines the resources and expertise of those en20 tities at a physical location dedicated to assist21 ing Native businesses and Native entrepreneurs 

22 under the program. 

23 (B) CONTENTS.—A joint application sub24 mitted under subparagraph (A) shall— 


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1 (i) contain a certification that each 

2 participant of the joint project is one of the 

3 eligible entities described in paragraph 

4 (1)(A); and 

5 (ii) demonstrate that together the par6 ticipants meet the requirements of subpara7 graphs (B) and (C) of paragraph (1). 

8 (c) APPLICATION AND SELECTION PROCESS.— 

9 (1) APPLICATION REQUIREMENTS.—Each eligible 

10 applicant desiring a grant under the program shall 

11 submit to the Secretary an application at such time, 

12 in such manner, and containing such information as 

13 the Secretary may require, including— 

14 (A) a certification that the applicant— 

15 (i) is an eligible applicant; 

16 (ii) will designate an executive director 

17 or program manager, if such director or 

18 manager has not been designated, to man19 age the business incubator; and 

20 (iii) agrees— 

21 (I) to a site evaluation by the Sec22 retary as part of the final selection 

23 process; 


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1 (II) to an annual programmatic 

2 and financial examination for the du3 ration of the grant; and 

4 (III) to the maximum extent 

5 practicable, to remedy any problems 

6 identified pursuant to the site evalua7 tion under subclause (I) or an exam8 ination under subclause (II); 

9 (B) a description of the one or more res10 ervation communities to be served by the busi11 ness incubator; 

12 (C) a 3-year plan that describes— 

13 (i) the number of Native businesses and 

14 Native entrepreneurs to be participating in 

15 the business incubator; 

16 (ii) whether the business incubator will 

17 focus on a particular type of business or in18 dustry; 

19 (iii) a detailed breakdown of the serv20 ices to be offered to Native businesses and 

21 Native entrepreneurs participating in the 

22 business incubator; and 

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1 nesses and Native entrepreneurs not partici2 pating in the business incubator; 

3 (D) information demonstrating the effective4 ness and experience of the eligible applicant in— 

5 (i) conducting financial, management, 

6 and marketing assistance programs de7 signed to educate or improve the business 

8 skills of current or prospective businesses; 

9 (ii) working in and providing services 

10 to Native American communities; 

11 (iii) providing assistance to entities 

12 conducting business in reservation commu13 nities; 

14 (iv) providing technical assistance 

15 under Federal business and entrepreneurial 

16 development programs for which Native 

17 businesses and Native entrepreneurs are eli18 gible; and 

19 (v) managing finances and staff effec20 tively; and 

21 (E) a site description of the location at 

22 which the eligible applicant will provide physical 

23 workspace, including a description of the tech24 nologies, equipment, and other resources that 

25 will be available to Native businesses and Native 


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1 entrepreneurs participating in the business incu2 bator. 

3 (2) EVALUATION CONSIDERATIONS.— 

4 (A) IN GENERAL.—In evaluating each ap5 plication, the Secretary shall consider— 

6 (i) the ability of the eligible appli7 cant— 

8 (I) to operate a business incubator 

9 that effectively imparts entrepreneur10 ship and business skills to Native busi11 nesses and Native entrepreneurs, as 

12 demonstrated by the experience and 

13 qualifications of the eligible applicant; 

14 (II) to commence providing serv15 ices within a minimum period of time, 

16 to be determined by the Secretary; and 

17 (III) to provide quality incuba18 tion services to a significant number of 

19 Native businesses and Native entre20 preneurs; 

21 (ii) the experience of the eligible appli22 cant in providing services in Native Amer23 ican communities, including in the one or 

24 more reservation communities described in 

25 the application; and 


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1 (iii) the proposed location of the busi2 ness incubator. 

3 (B) PRIORITY.— 

4 (i) IN GENERAL.—In evaluating the 

5 proposed location of the business incubator 

6 under subparagraph (A)(iii), the Secretary 

7 shall— 

8 (I) consider the program goal of 

9 achieving broad geographic distribu10 tion of business incubators; and 

11 (II) except as provided in clause 

12 (ii), give priority to eligible applicants 

13 that will provide business incubation 

14 services on or near the reservation of 

15 the one or more communities that were 

16 described in the application. 

17 (ii) EXCEPTION.—The Secretary may 

18 give priority to an eligible applicant that is 

19 not located on or near the reservation of the 

20 one or more communities that were de21 scribed in the application if the Secretary 

22 determines that— 

23 (I) the location of the business in24 cubator will not prevent the eligible 

25 applicant from providing quality busiVerDate Sep 11 2014 21:34 Dec 28, 2018 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\H4506.RH H4506

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1 ness incubation services to Native busi2 nesses and Native entrepreneurs from 

3 the one or more reservation commu4 nities to be served; and 

5 (II) siting the business incubator 

6 in the identified location will serve the 

7 interests of the one or more reservation 

8 communities to be served. 

9 (3) SITE EVALUATION.— 

10 (A) IN GENERAL.—Before making a grant 

11 to an eligible applicant, the Secretary shall con12 duct a site visit, evaluate a video submission, or 

13 evaluate a written site proposal (if the applicant 

14 is not yet in possession of the site) of the pro15 posed site to ensure the proposed site will permit 

16 the eligible applicant to meet the requirements of 

17 the program. 

18 (B) WRITTEN SITE PROPOSAL.—A written 

19 site proposal shall meet the requirements de20 scribed in paragraph (1)(E) and contain— 

21 (i) sufficient detail for the Secretary to 

22 ensure in the absence of a site visit or video 

23 submission that the proposed site will per24 mit the eligible applicant to meet the re25 quirements of the program; and 


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1 (ii) a timeline describing when the eli2 gible applicant will be— 

3 (I) in possession of the proposed 

4 site; and 

5 (II) operating the business incu6 bator at the proposed site. 

7 (C) FOLLOWUP.—Not later than 1 year 

8 after awarding a grant to an eligible applicant 

9 that submits an application with a written site 

10 proposal, the Secretary shall conduct a site visit 

11 or evaluate a video submission of the site to en12 sure the site is consistent with the written site 

13 proposal. 

14 (d) ADMINISTRATION.— 

15 (1) DURATION.—Each grant awarded under the 

16 program shall be for a term of 3 years. 

17 (2) PAYMENT.— 

18 (A) IN GENERAL.—Except as provided in 

19 subparagraph (B), the Secretary shall disburse 

20 grant funds awarded to an eligible applicant in 

21 annual installments. 

22 (B) MORE FREQUENT DISBURSEMENTS.— 

23 On request by the applicant, the Secretary may 

24 make disbursements of grant funds more fre25 quently than annually, on the condition that disVerDate Sep 11 2014 21:34 Dec 28, 2018 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\H4506.RH H4506

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1 bursements shall be made not more frequently 

2 than quarterly. 

3 (3) NON-FEDERAL CONTRIBUTIONS FOR INITIAL

4 ASSISTANCE.— 

5 (A) IN GENERAL.—Except as provided in 

6 subparagraph (B), an eligible applicant that re7 ceives a grant under the program shall provide 

8 non-Federal contributions in an amount equal to 

9 not less than 25 percent of the grant amount dis10 bursed each year. 

11 (B) WAIVER.—The Secretary may waive, in 

12 whole or in part, the requirements of subpara13 graph (A) with respect to an eligible applicant 

14 if, after considering the ability of the eligible ap15 plicant to provide non-Federal contributions, the 

16 Secretary determines that— 

17 (i) the proposed business incubator will 

18 provide quality business incubation services; 

19 and 

20 (ii) the one or more reservation com21 munities to be served are unlikely to receive 

22 similar services because of remoteness or 

23 other reasons that inhibit the provision of 

24 business and entrepreneurial development 

25 services. 


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1 (4) RENEWALS.— 

2 (A) IN GENERAL.—The Secretary may 

3 renew a grant award under the program for a 

4 term not to exceed 3 years. 

5 (B) CONSIDERATIONS.—In determining 

6 whether to renew a grant award, the Secretary 

7 shall consider with respect to the eligible appli8 cant— 

9 (i) the results of the annual evalua10 tions of the eligible applicant under sub11 section (f)(1); 

12 (ii) the performance of the business in13 cubator of the eligible applicant, as com14 pared to the performance of other business 

15 incubators receiving assistance under the 

16 program; 

17 (iii) whether the eligible applicant con18 tinues to be eligible for the program; and 

19 (iv) the evaluation considerations for 

20 initial awards under subsection (c)(2). 

21 (C) NON-FEDERAL CONTRIBUTIONS FOR RE22 NEWALS.—An eligible applicant that receives a 

23 grant renewal under subparagraph (A) shall 

24 provide non-Federal contributions in an amount 


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1 equal to not less than 33 percent of the total 

2 amount of the grant. 

3 (5) NO DUPLICATIVE GRANTS.—An eligible ap4 plicant shall not be awarded a grant under the pro5 gram that is duplicative of existing Federal funding 

6 from another source. 

7 (e) PROGRAM REQUIREMENTS.— 

8 (1) USE OF FUNDS.—An eligible applicant re9 ceiving a grant under the program may use grant 

10 amounts— 

11 (A) to provide physical workspace and fa12 cilities for Native businesses and Native entre13 preneurs participating in the business incubator; 

14 (B) to establish partnerships with other in15 stitutions and entities to provide comprehensive 

16 business incubation services to Native businesses 

17 and Native entrepreneurs participating in the 

18 business incubator; and 

19 (C) for any other uses typically associated 

20 with business incubators that the Secretary de21 termines to be appropriate and consistent with 

22 the purposes of the program. 

23 (2) MINIMUM REQUIREMENTS.—Each eligible ap24 plicant receiving a grant under the program shall— 


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1 (A) offer culturally tailored incubation serv2 ices to Native businesses and Native entre3 preneurs; 

4 (B) use a competitive process for selecting 

5 Native businesses and Native entrepreneurs to 

6 participate in the business incubator; 

7 (C) provide physical workspace that permits 

8 Native businesses and Native entrepreneurs to 

9 conduct business and collaborate with other Na10 tive businesses and Native entrepreneurs; 

11 (D) provide entrepreneurship and business 

12 skills training and education to Native busi13 nesses and Native entrepreneurs including— 

14 (i) financial education, including 

15 training and counseling in— 

16 (I) applying for and securing 

17 business credit and investment capital; 

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

20 (III) managing cash flow and 

21 other financial operations of a busi22 ness; 

23 (ii) management education, including 

24 training and counseling in planning, orga25 nization, staffing, directing, and controlling 


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1 each major activity or function of a busi2 ness or startup; 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) locating contract opportuni11 ties; 

12 (IV) negotiating contracts; and 

13 (V) using varying public relations 

14 and advertising techniques; 

15 (E) provide direct mentorship or assistance 

16 finding mentors in the industry in which the 

17 Native business or Native entrepreneur operates 

18 or intends to operate; and 

19 (F) provide access to networks of potential 

20 investors, professionals in the same or similar 

21 fields, and other business owners with similar 

22 businesses. 

23 (3) TECHNOLOGY.—Each eligible applicant shall 

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1 preneurs with access to the connectivity tools needed 

2 to compete and thrive in 21st-century markets. 

3 (f) OVERSIGHT.— 

4 (1) ANNUAL EVALUATIONS.—Not later than 1 

5 year after the date on which the Secretary awards a 

6 grant to an eligible applicant under the program, and 

7 annually thereafter for the duration of the grant, the 

8 Secretary shall conduct an evaluation of the eligible 

9 applicant, which shall— 

10 (A) describe the performance of the eligible 

11 applicant; and 

12 (B) be used in determining the ongoing eli13 gibility of the eligible applicant. 

14 (2) ANNUAL REPORT.— 

15 (A) IN GENERAL.—Not later than 1 year 

16 after the date on which the Secretary awards a 

17 grant to an eligible applicant under the pro18 gram, and annually thereafter for the duration 

19 of the grant, each eligible applicant receiving an 

20 award under the program shall submit to the 

21 Secretary a report describing the services the eli22 gible applicant provided under the program dur23 ing the preceding year. 

24 (B) REPORT CONTENT.—The report de25 scribed in subparagraph (A) shall include— 


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1 (i) a detailed breakdown of the Native 

2 businesses and Native entrepreneurs receiv3 ing services from the business incubator, in4 cluding, for the year covered by the report— 

5 (I) the number of Native busi6 nesses and Native entrepreneurs par7 ticipating in or receiving services from 

8 the business incubator and the types of 

9 services provided to those Native busi10 nesses and Native entrepreneurs; 

11 (II) the number of Native busi12 nesses and Native entrepreneurs estab13 lished and jobs created or maintained; 

14 and 

15 (III) the performance of Native 

16 businesses and Native entrepreneurs 

17 while participating in the business in18 cubator and after graduation or depar19 ture from the business incubator; and 

20 (ii) any other information the Sec21 retary may require to evaluate the perform22 ance of a business incubator to ensure ap23 propriate implementation of the program. 

24 (C) LIMITATIONS.—To the maximum extent 

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1 igible applicant to report under subparagraph 

2 (A) information provided to the Secretary by the 

3 eligible applicant under other programs. 

4 (D) COORDINATION.—The Secretary shall 

5 coordinate with the heads of other Federal agen6 cies to ensure that, to the maximum extent prac7 ticable, the report content and form under sub8 paragraphs (A) and (B) are consistent with 

9 other reporting requirements for Federal pro10 grams that provide business and entrepreneurial 

11 assistance. 

12 SEC. 204. SCHOOLS TO BUSINESS INCUBATOR PIPELINE. 

13 The Secretary shall facilitate the establishment of rela14 tionships between eligible applicants receiving funds 

15 through the program and educational institutions serving 

16 Native American communities, including tribal colleges and 

17 universities. 

18 SEC. 205. AGENCY PARTNERSHIPS. 

19 The Secretary shall coordinate with the Secretary of 

20 Agriculture, the Secretary of Commerce, the Secretary of the 

21 Treasury, and the Administrator of the Small Business Ad22 ministration to ensure, to the maximum extent practicable, 

23 that business incubators receiving grant funds under the 

24 program have the information and materials needed to pro25 vide Native businesses and Native entrepreneurs with the 


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1 information and assistance necessary to apply for business 

2 and entrepreneurial development programs administered by 

3 the Department of Agriculture, the Department of Com4 merce, the Department of the Treasury, and the Small Busi5 ness Administration. 

6 TITLE III—INDIGENOUS PEO7 PLES EXCHANGE AND ECO8 NOMIC COOPERATION ACT 

9 SEC. 301. SHORT TITLE. 

10 This title may be cited as the ‘‘Indigenous Peoples Ex11 change and Economic Cooperation Act’’. 

12 SEC. 302. STATEMENT OF POLICY. 

13 It shall be the policy of the United States to facilitate 

14 contacts and cooperation, including commercial relation15 ships, between Native American tribes and indigenous peo16 ples in the Western Hemisphere. 

17 SEC. 303. DEFINITIONS. 

18 In this title: 

19 (1) NATIVE AMERICAN TRIBES.—The term ‘‘Na20 tive American tribe’’ means any federally recognized 

21 tribe. 

22 (2) INDIGENOUS PEOPLES.—The term ‘‘indige23 nous peoples’’ means peoples residing in foreign coun24 tries in the Western Hemisphere who have historical 

25 ties to a particular territory and are culturally or 


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1 historically distinct from the politically dominant 

2 population. 

3 SEC. 304. STRATEGY. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of the enactment of this Act, the President shall submit 

6 to the appropriate congressional committees a strategy, in 

7 consultation with the individuals listed in subsection (b), 

8 to promote and facilitate— 

9 (1) cross-investments between Native American 

10 tribes and indigenous peoples in tribal businesses and 

11 commercial enterprises that involve indigenous peo12 ples, such as sustainable natural resource manage13 ment, agricultural development, or handicraft produc14 tion; and 

15 (2) the development of supply chains for United 

16 States entities that include products produced by Na17 tive American tribes and indigenous peoples. 

18 (b) CONSULTATION REQUIRED.—The individuals list19 ed in this subsection are the following: 

20 (1) The Secretary of Commerce. 

21 (2) The Secretary of State. 

22 (3) The Secretary of the Interior. 

23 (4) The United States Trade Representative. 


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1 (5) The Administrator and the Advisor for In2 digenous Peoples Issues of the United States Agency 

3 for International Development. 

4 (6) The President of the Overseas Private Invest5 ment Corporation. 

6 (7) The Chief Executive Officer of the Millen7 nium Challenge Corporation. 

8 (8) The President of the Inter-American Founda9 tion. 

10 (9) Representatives of Native American tribes. 

11 (10) Representatives of civil society organiza12 tions advocating for the rights or interests of indige13 nous peoples. 

14 (c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 

15 this section, the term ‘‘appropriate congressional commit16 tees’’ means— 

17 (1) the Committee on Foreign Affairs and the 

18 Committee on Natural Resources of the House of Rep19 resentatives; and 

20 (2) the Committee on Foreign Relations, the 

21 Committee on Energy and Natural Resources, and the 

22 Committee on Indian Affairs of the Senate. 


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1 SEC. 305. UNITED STATES ASSISTANCE TO SUPPORT INDIG2 ENOUS PEOPLES. 

3 In order to improve the capacity of indigenous peoples 

4 to engage in and benefit from increased trade and invest5 ment relationships, the Secretary of State shall— 

6 (1) consult with— 

7 (A) the Administrator of the United States 

8 Agency for International Development; and 

9 (B) representatives of civil society organiza10 tions, especially organizations comprised of or 

11 representing the interests of indigenous peoples; 

12 and 

13 (2) provide assistance to countries in the Western 

14 Hemisphere in a manner that promotes and facili15 tates entrepreneurship among indigenous peoples— 

16 (A) by strengthening the capacity of civil 

17 society organizations and local governments; and 

18 (B) by supporting projects involving sus19 tainable natural resource management, agricul20 tural development, and handicraft production. 


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Union Calendar No. 869 

115TH CONGRESS 

2D SESSION H. R. 4506 

[Report No. 115–1064, Part I] 

A BILL 

To provide incentives to encourage tribal job creposes. ation and economic activity, and for other purDECEMBER 28, 2018 Committees on Foreign Affairs and Education and the 

dered to be printed the Whole House on the State of the Union and orWorkforce discharged; committed to the Committee of 


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