I 
116TH CONGRESS 
1ST SESSION H. R. 1900 
To establish a business incubators program within the Department of the 
Interior to promote economic development in Indian reservation communities. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 27, 2019 
Ms. HAALAND (for herself, Mrs. TORRES of California, Mr. YOUNG, and Mr. 
COLE) introduced the following bill; which was referred to the Committee 
on Natural Resources 
A BILL 
To establish a business incubators program within the De-
partment of the Interior to promote economic develop-
ment in Indian reservation communities. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Native American Busi-
ness Incubators Program Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
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(1) entrepreneurs face specific challenges when 
transforming ideas into profitable business enter-
prises; 
(2) entrepreneurs that want to provide products 
and services in reservation communities face an ad-
ditional set of challenges that requires special knowl-
edge; 
(3) a business incubator is an organization that 
assists entrepreneurs in navigating obstacles that 
prevent innovative ideas from becoming viable busi-
nesses by providing services that include— 
(A) workspace and facilities resources; 
(B) access to capital, business education, 
and counseling; 
(C) networking opportunities; 
(D) mentorship opportunities; and 
(E) an environment intended to help estab-
lish and expand business operations; 
(4) the business incubator model is suited to ac-
celerating entrepreneurship in reservation commu-
nities because the business incubator model pro-
motes collaboration to address shared challenges and 
provides individually tailored services for the purpose 
of overcoming obstacles unique to each participating 
business; and 
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(5) business incubators will stimulate economic 
development by providing Native entrepreneurs with 
the tools necessary to grow businesses that offer 
products and services to reservation communities. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) BUSINESS INCUBATOR.—The ‘‘business in-
cubator’’ means an organization that— 
(A) provides physical workspace and facili-
ties resources to startups and established busi-
nesses; and 
(B) is designed to accelerate the growth 
and success of businesses through a variety of 
business support resources and services, includ-
ing— 
(i) access to capital, business edu-
cation, and counseling; 
(ii) networking opportunities; 
(iii) mentorship opportunities; and 
(iv) other services intended to aid in 
developing a business. 
(2) ELIGIBLE APPLICANT.—The term ‘‘eligible 
applicant’’ means an applicant eligible to apply for 
a grant under section 4(b). 
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(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(4) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
(5) NATIVE
AMERICAN; NATIVE.—The terms 
‘‘Native American’’ and ‘‘Native’’ have the meaning 
given the term ‘‘Indian’’ in section 4 of the Indian 
Self-Determination and Education Assistance Act 
(25 U.S.C. 5304). 
(6) NATIVE
BUSINESS.—The term ‘‘Native 
business’’ means a business concern that is at least 
51-percent owned and controlled by 1 or more Na-
tive Americans. 
(7) NATIVE ENTREPRENEUR.—The term ‘‘Na-
tive entrepreneur’’ means an entrepreneur who is a 
Native American. 
(8) PROGRAM.—The term ‘‘program’’ means 
the program established under section 4(a). 
(9) RESERVATION.—The term ‘‘reservation’’ 
has the meaning given the term in section 3 of the 
Indian Financing Act of 1974 (25 U.S.C. 1452). 
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(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(11) TRIBAL COLLEGE OR UNIVERSITY.—The 
term ‘‘tribal college or university’’ has the meaning 
given the term ‘‘Tribal College or University’’ in sec-
tion 316(b) of the Higher Education Act of 1965 
(20 U.S.C. 1059c(b)). 
SEC. 4. ESTABLISHMENT OF PROGRAM. 
(a) IN GENERAL.—The Secretary shall establish a 
program in the Office of Indian Energy and Economic De-
velopment under which the Secretary shall provide finan-
cial assistance in the form of competitive grants to eligible 
applicants for the establishment and operation of business 
incubators that serve reservation communities by pro-
viding business incubation and other business services to 
Native businesses and Native entrepreneurs. 
(b) ELIGIBLE APPLICANTS.— 
(1) IN GENERAL.—To be eligible to receive a 
grant under the program, an applicant shall— 
(A) be— 
(i) an Indian tribe; 
(ii) a tribal college or university; 
(iii) an institution of higher education; 
or 
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(iv) a private nonprofit organization 
or tribal nonprofit organization that— 
(I) provides business and finan-
cial technical assistance; and 
(II) will commit to serving 1 or 
more reservation communities; 
(B) be able to provide the physical work-
space, equipment, and connectivity necessary 
for Native businesses and Native entrepreneurs 
to collaborate and conduct business on a local, 
regional, national, and international level; and 
(C) in the case of an entity described in 
clauses (ii) through (iv) of subparagraph (A), 
have been operational for not less than 1 year 
before receiving a grant under the program. 
(2) JOINT PROJECT.— 
(A) IN GENERAL.—Two or more entities 
may submit a joint application for a project 
that combines the resources and expertise of 
those entities at a physical location dedicated to 
assisting Native businesses and Native entre-
preneurs under the program. 
(B) CONTENTS.—A joint application sub-
mitted under subparagraph (A) shall— 
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(i) contain a certification that each 
participant of the joint project is one of 
the eligible entities described in paragraph 
(1)(A); and 
(ii) demonstrate that together the par-
ticipants meet the requirements of sub-
paragraphs (B) and (C) of paragraph (1). 
(c) APPLICATION AND SELECTION PROCESS.— 
(1) APPLICATION REQUIREMENTS.—Each eligi-
ble applicant desiring a grant under the program 
shall submit to the Secretary an application at such 
time, in such manner, and containing such informa-
tion as the Secretary may require, including— 
(A) a certification that the applicant— 
(i) is an eligible applicant; 
(ii) will designate an executive direc-
tor or program manager, if such director 
or manager has not been designated, to 
manage the business incubator; and 
(iii) agrees— 
(I) to a site evaluation by the 
Secretary as part of the final selection 
process; 
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(II) to an annual programmatic 
and financial examination for the du-
ration of the grant; and 
(III) to the maximum extent 
practicable, to remedy any problems 
identified pursuant to the site evalua-
tion under subclause (I) or an exam-
ination under subclause (II); 
(B) a description of the 1 or more reserva-
tion communities to be served by the business 
incubator; 
(C) a 3-year plan that describes— 
(i) the number of Native businesses 
and Native entrepreneurs to be partici-
pating in the business incubator; 
(ii) whether the business incubator 
will focus on a particular type of business 
or industry; 
(iii) a detailed breakdown of the serv-
ices to be offered to Native businesses and 
Native entrepreneurs participating in the 
business incubator; and 
(iv) a detailed breakdown of the serv-
ices, if any, to be offered to Native busi-
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nesses and Native entrepreneurs not par-
ticipating in the business incubator; 
(D) information demonstrating the effec-
tiveness and experience of the eligible applicant 
in— 
(i) conducting financial, management, 
and marketing assistance programs de-
signed to educate or improve the business 
skills of current or prospective businesses; 
(ii) working in and providing services 
to Native American communities; 
(iii) providing assistance to entities 
conducting business in reservation commu-
nities; 
(iv) providing technical assistance 
under Federal business and entrepre-
neurial development programs for which 
Native 
businesses 
and 
Native 
entre-
preneurs are eligible; and 
(v) managing finances and staff effec-
tively; and 
(E) a site description of the location at 
which the eligible applicant will provide physical 
workspace, including a description of the tech-
nologies, equipment, and other resources that 
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will be available to Native businesses and Na-
tive entrepreneurs participating in the business 
incubator. 
(2) EVALUATION CONSIDERATIONS.— 
(A) IN GENERAL.—In evaluating each ap-
plication, the Secretary shall consider— 
(i) the ability of the eligible appli-
cant— 
(I) to operate a business incu-
bator that effectively imparts entre-
preneurship and business skills to Na-
tive businesses and Native entre-
preneurs, as demonstrated by the ex-
perience and qualifications of the eli-
gible applicant; 
(II) to commence providing serv-
ices within a minimum period of time, 
to be determined by the Secretary; 
and 
(III) to provide quality incuba-
tion services to a significant number 
of Native businesses and Native entre-
preneurs; 
(ii) the experience of the eligible appli-
cant in providing services in Native Amer-
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ican communities, including in the 1 or 
more reservation communities described in 
the application; and 
(iii) the proposed location of the busi-
ness incubator. 
(B) PRIORITY.— 
(i) IN
GENERAL.—In evaluating the 
proposed location of the business incubator 
under subparagraph (A)(iii), the Secretary 
shall— 
(I) consider the program goal of 
achieving broad geographic distribu-
tion of business incubators; and 
(II) except as provided in clause 
(ii), give priority to eligible applicants 
that will provide business incubation 
services on or near the reservation of 
the 1 or more communities that were 
described in the application. 
(ii) EXCEPTION.—The Secretary may 
give priority to an eligible applicant that is 
not located on or near the reservation of 
the 1 or more communities that were de-
scribed in the application if the Secretary 
determines that— 
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(I) the location of the business 
incubator will not prevent the eligible 
applicant from providing quality busi-
ness incubation services to Native 
businesses and Native entrepreneurs 
from the 1 or more reservation com-
munities to be served; and 
(II) siting the business incubator 
in the identified location will serve the 
interests of the 1 or more reservation 
communities to be served. 
(3) SITE EVALUATION.— 
(A) IN GENERAL.—Before making a grant 
to an eligible applicant, the Secretary shall con-
duct a site visit, evaluate a video submission, or 
evaluate a written site proposal (if the applicant 
is not yet in possession of the site) of the pro-
posed site to ensure the proposed site will per-
mit the eligible applicant to meet the require-
ments of the program. 
(B) WRITTEN SITE PROPOSAL.—A written 
site proposal shall meet the requirements de-
scribed in paragraph (1)(E) and contain— 
(i) sufficient detail for the Secretary 
to ensure in the absence of a site visit or 
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video submission that the proposed site will 
permit the eligible applicant to meet the 
requirements of the program; and 
(ii) a timeline describing when the eli-
gible applicant will be— 
(I) in possession of the proposed 
site; and 
(II) operating the business incu-
bator at the proposed site. 
(C) FOLLOWUP.—Not later than 1 year 
after awarding a grant to an eligible applicant 
that submits an application with a written site 
proposal, the Secretary shall conduct a site visit 
or evaluate a video submission of the site to en-
sure the site is consistent with the written site 
proposal. 
(d) ADMINISTRATION.— 
(1) DURATION.—Each grant awarded under the 
program shall be for a term of 3 years. 
(2) PAYMENT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Secretary shall disburse 
grant funds awarded to an eligible applicant in 
annual installments. 
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(B) MORE FREQUENT DISBURSEMENTS.— 
On request by the applicant, the Secretary may 
make disbursements of grant funds more fre-
quently than annually, on the condition that 
disbursements shall be made not more fre-
quently than quarterly. 
(3) NON-FEDERAL
CONTRIBUTIONS
FOR
INI-
TIAL ASSISTANCE.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), an eligible applicant that re-
ceives a grant under the program shall provide 
non-Federal contributions in an amount equal 
to not less than 25 percent of the grant amount 
disbursed each year. 
(B) WAIVER.—The Secretary may waive, 
in whole or in part, the requirements of sub-
paragraph (A) with respect to an eligible appli-
cant if, after considering the ability of the eligi-
ble applicant to provide non-Federal contribu-
tions, the Secretary determines that— 
(i) the proposed business incubator 
will provide quality business incubation 
services; and 
(ii) the 1 or more reservation commu-
nities to be served are unlikely to receive 
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similar services because of remoteness or 
other reasons that inhibit the provision of 
business and entrepreneurial development 
services. 
(4) RENEWALS.— 
(A) IN
GENERAL.—The Secretary may 
renew a grant award under the program for a 
term not to exceed 3 years. 
(B) 
CONSIDERATIONS.—In 
determining 
whether to renew a grant award, the Secretary 
shall consider with respect to the eligible appli-
cant— 
(i) the results of the annual evalua-
tions of the eligible applicant under sub-
section (f)(1); 
(ii) the performance of the business 
incubator of the eligible applicant, as com-
pared to the performance of other business 
incubators receiving assistance under the 
program; 
(iii) whether the eligible applicant con-
tinues to be eligible for the program; and 
(iv) the evaluation considerations for 
initial awards under subsection (c)(2). 
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(C) NON-FEDERAL
CONTRIBUTIONS
FOR 
RENEWALS.—An eligible applicant that receives 
a grant renewal under subparagraph (A) shall 
provide non-Federal contributions in an amount 
equal to not less than 33 percent of the total 
amount of the grant. 
(5) NO DUPLICATIVE GRANTS.—An eligible ap-
plicant shall not be awarded a grant under the pro-
gram that is duplicative of existing Federal funding 
from another source. 
(e) PROGRAM REQUIREMENTS.— 
(1) USE OF FUNDS.—An eligible applicant re-
ceiving a grant under the program may use grant 
amounts— 
(A) to provide physical workspace and fa-
cilities for Native businesses and Native entre-
preneurs participating in the business incu-
bator; 
(B) to establish partnerships with other in-
stitutions and entities to provide comprehensive 
business incubation services to Native busi-
nesses and Native entrepreneurs participating 
in the business incubator; and 
(C) for any other uses typically associated 
with business incubators that the Secretary de-
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termines to be appropriate and consistent with 
the purposes of the program. 
(2) MINIMUM
REQUIREMENTS.—Each eligible 
applicant receiving a grant under the program 
shall— 
(A) offer culturally tailored incubation 
services to Native businesses and Native entre-
preneurs; 
(B) use a competitive process for selecting 
Native businesses and Native entrepreneurs to 
participate in the business incubator; 
(C) provide physical workspace that per-
mits Native businesses and Native entre-
preneurs to conduct business and collaborate 
with other Native businesses and Native entre-
preneurs; 
(D) provide entrepreneurship and business 
skills training and education to Native busi-
nesses and Native entrepreneurs including— 
(i) 
financial 
education, 
including 
training and counseling in— 
(I) applying for and securing 
business credit and investment cap-
ital; 
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Native business or Native entrepreneur operates 
or intends to operate; and 
(F) provide access to networks of potential 
investors, professionals in the same or similar 
fields, and other business owners with similar 
businesses. 
(3) TECHNOLOGY.—Each eligible applicant 
shall leverage technology to the maximum extent 
practicable to provide Native businesses and Native 
entrepreneurs with access to the connectivity tools 
needed to compete and thrive in 21st-century mar-
kets. 
(f) OVERSIGHT.— 
(1) ANNUAL EVALUATIONS.—Not later than 1 
year after the date on which the Secretary awards 
a grant to an eligible applicant under the program, 
and annually thereafter for the duration of the 
grant, the Secretary shall conduct an evaluation of, 
and prepare a report on, the eligible applicant, which 
shall— 
(A) describe the performance of the eligible 
applicant; and 
(B) be used in determining the ongoing eli-
gibility of the eligible applicant. 
(2) ANNUAL REPORT.— 
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(A) IN GENERAL.—Not later than 1 year 
after the date on which the Secretary awards a 
grant to an eligible applicant under the pro-
gram, and annually thereafter for the duration 
of the grant, each eligible applicant receiving an 
award under the program shall submit to the 
Secretary a report describing the services the 
eligible applicant provided under the program 
during the preceding year. 
(B) REPORT
CONTENT.—The report de-
scribed in subparagraph (A) shall include— 
(i) a detailed breakdown of the Native 
businesses and Native entrepreneurs re-
ceiving services from the business incu-
bator, including, for the year covered by 
the report— 
(I) the number of Native busi-
nesses and Native entrepreneurs par-
ticipating in or receiving services from 
the business incubator and the types 
of services provided to those Native 
businesses and Native entrepreneurs; 
(II) the number of Native busi-
nesses and Native entrepreneurs es-
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tablished and jobs created or main-
tained; and 
(III) the performance of Native 
businesses and Native entrepreneurs 
while participating in the business in-
cubator and after graduation or de-
parture from the business incubator; 
and 
(ii) any other information the Sec-
retary may require to evaluate the per-
formance of a business incubator to ensure 
appropriate implementation of the pro-
gram. 
(C) LIMITATIONS.—To the maximum ex-
tent practicable, the Secretary shall not require 
an eligible applicant to report under subpara-
graph (A) information provided to the Secretary 
by the eligible applicant under other programs. 
(D) COORDINATION.—The Secretary shall 
coordinate with the heads of other Federal 
agencies to ensure that, to the maximum extent 
practicable, the report content and form under 
subparagraphs (A) and (B) are consistent with 
other reporting requirements for Federal pro-
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grams that provide business and entrepre-
neurial assistance. 
(3) REPORT TO CONGRESS.— 
(A) IN GENERAL.—Not later than 2 years 
after the date on which the Secretary first 
awards funding under the program, and bienni-
ally thereafter, the Secretary shall submit to 
the Committee on Indian Affairs of the Senate 
and the Committee on Natural Resources of the 
House of Representatives a report on the per-
formance and effectiveness of the program. 
(B) CONTENTS.—Each report submitted 
under subparagraph (A) shall— 
(i) account for each program year; 
and 
(ii) include with respect to each busi-
ness incubator receiving grant funds under 
the program— 
(I) the number of Native busi-
nesses and Native entrepreneurs that 
received business incubation or other 
services; 
(II) the number of businesses es-
tablished with the assistance of the 
business incubator; 
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(III) the number of jobs estab-
lished or maintained by Native busi-
nesses and Native entrepreneurs re-
ceiving business incubation services, 
including a description of where the 
jobs are located with respect to res-
ervation communities; 
(IV) to the maximum extent 
practicable, the amount of capital in-
vestment and loan financing accessed 
by Native businesses and Native en-
trepreneurs receiving business incuba-
tion services; and 
(V) an evaluation of the overall 
performance of the business incu-
bator. 
SEC. 5. REGULATIONS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary shall promulgate regulations to 
implement the program. 
SEC. 6. SCHOOLS TO BUSINESS INCUBATOR PIPELINE. 
The Secretary shall facilitate the establishment of re-
lationships between eligible applicants receiving funds 
through the program and educational institutions serving 
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Native American communities, including tribal colleges 
and universities. 
SEC. 7. AGENCY PARTNERSHIPS. 
The Secretary shall coordinate with the Secretary of 
Agriculture, the Secretary of Commerce, the Secretary of 
the Treasury, and the Administrator of the Small Busi-
ness Administration to ensure, to the maximum extent 
practicable, that business incubators receiving grant funds 
under the program have the information and materials 
needed to provide Native businesses and Native entre-
preneurs with the information and assistance necessary to 
apply for business and entrepreneurial development pro-
grams administered by the Department of Agriculture, the 
Department of Commerce, the Department of the Treas-
ury, and the Small Business Administration. 
SEC. 8. AUTHORIZATIONS OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
the program $5,000,000 for each of fiscal years 2020 
through 2024. 
Æ 
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