UNITED STATES DEPARTMENT OF COMMERCE

The Assistant Secretary for Economic Development

Washington, D.C. 20230

Dear Tribal Leaders, 

Earlier this year, President Joseph R. Biden Jr. signed the Presidential Memorandum on Tribal 

Consultation and Strengthening Nation to Nation Relationships. It directed federal agencies to work 

with Tribal Nations for the implementation of Executive Order 13175, Consultation and 

Coordination with Indian Tribal Governments (November 6, 2000).

In response, the Economic Development Administration (EDA), committed to strengthening Tribal 

sovereignty and self-governance, will be hosting two Tribal Consultations this spring. Our goal is 

the fulfillment of federal trust responsibilities and treaty obligations to Tribal Nations, the 

cornerstones of government-to-government policymaking.

Purpose of Consultation

EDA seeks to update its regulations to expand Tribal eligibility to include for-profit Tribal entities 

that are wholly owned by and established for the benefit of the Tribe. Under EDA’s current 

regulations, Tribal eligibility is limited to: “recognized tribes published pursuant to the Federally 

Recognized Indian Tribe List Act of 1994, as amended (Pub. L. 103-454) (25 U.S.C. 479a et seq.), 

and any Alaska Native Village or Regional Corporation (as defined in or established under the 

Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), non-profit corporations, an Indian 

authority, and other non-profit Tribal organizations, so long as the entities are wholly owned by, and 

established for the benefit of the Tribe.” See 13 CFR 300.3. See also 42 U.S.C. 3122(7). 

EDA proposes to change the regulation to: “recognized tribes published pursuant to the Federally 

Recognized Indian Tribe List Act of 1994, as amended (Pub. L. 103-454) (25 U.S.C. 479a et seq.), 

and any Alaska Native Village or Regional Corporation (as defined in or established under the 

Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). This term includes the governing 

body of an Indian Tribe, Indian corporation (restricted to Indians), Indian authority, or other nonprofit Indian tribal organization or entity; provided that the Indian tribal organization, corporation or 

entity is wholly owned by, and established for the benefit of, the Indian Tribe or Alaska Native 

Village.” 

The proposed regulatory revision means that for-profit Tribal organizations, wholly owned by and 

established for the benefit of the Tribe, would become eligible for EDA grant opportunities, as 

Tribes. Note that this proposed change does not apply to Alaska Native Regional Corporations.

Tribal leaders and their designees are invited to provide comments and input to EDA regarding this 

proposed regulatory change, which impacts Native American and Tribal Communities and their 

eligibility to apply for EDA funding. 
Specific questions on which we welcome your feedback, are listed below: 

1. EDA has seen a rise in applications received from Section 17 Corporations, Limited Liability 

Company (LLC), and other for-profit Tribal entities, yet its regulations currently prohibit 

these entities from applying for EDA funding. How would expanding EDA Tribal eligibility 

to include for-profit Tribal corporations that are wholly owned by, and established 

exclusively for the benefit of, a Tribe, affect long-term economic development within the 

Native American community? 

2. What are some concerns you have or factors we should consider in expanding EDA’s Tribal 

eligibility to for-profit Tribal corporations that are wholly owned by, and established 

exclusively for the benefit of, a Tribe? 

3. In what ways might such an expansion increase the ability of Tribes to work with multiple 

federal agencies and/or increase the effectiveness of multifaceted economic development 

projects and support long-term economic prosperity in the Native American community? 

4. If EDA makes this change, what are some effective ways to communicate the new criteria to 

Tribal stakeholders?

5. How could EDA further support Tribal entities in successfully applying for EDA funding?

6. Would the proposed regulatory change impact Tribal cultural values, traditional practices or 

religious beliefs?

Information on Consultation 

EDA hopes to consult with Tribal Leaders or their direct proxies. Other Tribal organizations are 

welcome to view and listen to the presentations in a non-participatory role. 

The two consultations will be held via Zoom:

• April 16, 2021 at 3:00pm-4:30pm Eastern Daylight Time 

Please use the link to pre-resister: https://www.sulc.edu/form/590

• April 19, 2021 at 2:00pm-3:30pm Eastern Daylight Time

Please use the link to pre-resister: https://www.sulc.edu/form/590

** Please register by April 15, 2021 to secure your registration**

This will be conducted via a virtual platform through which participants may provide live written 

comments. Participation via written channels and the platform’s chat capabilities is highly 

encouraged. The web platform will be provided by the Southern University Law Center, an EDA 

University Center grantee. 
EDA has also established an email address and phone number for participants to provide additional 

feedback. Some questions received will be addressed specifically during the live event. All questions 

and comments will be reviewed and considered. 

• Please send written questions and comments via email to: EDAconsultations@eda.gov 

• Please leave any voice messages by phone at: 202-482-5479 

These platforms will be available until April 21, 2021.

Your comments will inform EDA’s drafting and implementation of the updated Tribal eligibility 

regulation. These Tribal consultations are not for press purposes. 

As the Acting Assistant Secretary of Commerce for Economic Development and the Deputy 

Assistant Secretary for Regional Affairs, we are responsible for, and committed to, ensuring that 

EDA’s programs and resources are meeting the needs of our stakeholders. We are also committed to 

the President’s economic agenda to “build back better,” which includes maintaining and 

strengthening ties to Tribal Nations across the country. 

We look forward to participating in these forums and we hope that you will be able to join us. 

Thank you. 

Sincerely, 

Dennis Alvord 

Acting Assistant Secretary of Commerce for Economic Development 

Craig Buerstatte

Deputy Assistant Secretary for Regional Affairs 

The U.S. Economic Development Administration’s (EDA) mission is to lead the federal economic development 

agenda by promoting competitiveness and preparing the nation's regions for growth and success in the 

worldwide economy. An agency within the U.S. Department of Commerce, EDA makes investments in 

economically distressed communities to create jobs for U.S. workers, promote American innovation, and 

accelerate long-term sustainable economic growth.