TITLE 
II—NATIVE 
AMERICAN 
BUSINESS INCUBATORS PRO-
GRAM ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Native American Busi-
ness Incubators Program Act’’. 
SEC. 202. DEFINITIONS. 
In this title: 
(1) BUSINESS INCUBATOR.—The term ‘‘business 
incubator’’ 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 busi-
ness support resources and services, including— 
(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 203(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 mean-
ing given the term in section 101 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001). 
(5) NATIVE AMERICAN; NATIVE.—The terms ‘‘Na-
tive American’’ and ‘‘Native’’ have the meaning given 
the term ‘‘Indian’’ in section 4 of the Indian Self-De-
termination and Education Assistance Act (25 U.S.C. 
5304). 
(6) NATIVE BUSINESS.—The term ‘‘Native busi-
ness’’ means a business concern that is at least 51- 
percent owned and controlled by one or more Native 
Americans. 
(7) NATIVE ENTREPRENEUR.—The term ‘‘Native 
entrepreneur’’ means an entrepreneur who is a Native 
American. 
(8) PROGRAM.—The term ‘‘program’’ means the 
program established under section 203(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. 203. ESTABLISHMENT OF PROGRAM. 
(a) IN GENERAL.—The Secretary shall establish a pro-
gram in the Office of Indian Energy and Economic Devel-
opment’s Division of Economic Development under which 
the Secretary shall provide financial assistance in the form 
of competitive grants to eligible applicants for the establish-
ment and operation of business incubators that serve res-
ervation communities by providing business incubation and 
other business services to Native businesses and Native en-
trepreneurs. 
(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 one 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, re-
gional, 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 be-
fore 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 en-
tities at a physical location dedicated to assist-
ing Native businesses and Native entrepreneurs 
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 subpara-
graphs (B) and (C) of paragraph (1). 
(c) APPLICATION AND SELECTION PROCESS.— 
(1) APPLICATION REQUIREMENTS.—Each eligible 
applicant desiring a grant under the program shall 
submit to the Secretary an application at such time, 
in such manner, and containing such information as 
the Secretary may require, including— 
(A) a certification that the applicant— 
(i) is an eligible applicant; 
(ii) will designate an executive director 
or program manager, if such director or 
manager has not been designated, to man-
age the business incubator; and 
(iii) agrees— 
(I) to a site evaluation by the Sec-
retary 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 one or more res-
ervation communities to be served by the busi-
ness incubator; 
(C) a 3-year plan that describes— 
(i) the number of Native businesses and 
Native entrepreneurs to be participating in 
the business incubator; 
(ii) whether the business incubator will 
focus on a particular type of business or in-
dustry; 
(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 partici-
pating in the business incubator; 
(D) information demonstrating the effective-
ness 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 entrepreneurial 
development programs for which Native 
businesses and Native entrepreneurs are eli-
gible; 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 
will be available to Native businesses and Native 
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entrepreneurs participating in the business incu-
bator. 
(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 incubator 
that effectively imparts entrepreneur-
ship and business skills to Native busi-
nesses and Native entrepreneurs, as 
demonstrated by the experience and 
qualifications of the eligible 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-
ican communities, including in the one or 
more reservation communities described in 
the application; and 
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(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 one 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 
one or more communities that were de-
scribed in the application if the Secretary 
determines that— 
(I) the location of the business in-
cubator will not prevent the eligible 
applicant from providing quality busi-
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ness incubation services to Native busi-
nesses and Native entrepreneurs from 
the one or more reservation commu-
nities to be served; and 
(II) siting the business incubator 
in the identified location will serve the 
interests of the one 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 permit 
the eligible applicant to meet the requirements 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 video 
submission that the proposed site will per-
mit the eligible applicant to meet the re-
quirements of the program; and 
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(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. 
(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 dis-
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bursements shall be made not more frequently 
than quarterly. 
(3) NON-FEDERAL CONTRIBUTIONS FOR INITIAL 
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 dis-
bursed each year. 
(B) WAIVER.—The Secretary may waive, in 
whole or in part, the requirements of subpara-
graph (A) with respect to an eligible applicant 
if, after considering the ability of the eligible ap-
plicant to provide non-Federal contributions, the 
Secretary determines that— 
(i) the proposed business incubator will 
provide quality business incubation services; 
and 
(ii) the one or more reservation com-
munities to be served are unlikely to receive 
similar services because of remoteness or 
other reasons that inhibit the provision of 
business and entrepreneurial development 
services. 
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(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 in-
cubator 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). 
(C) NON-FEDERAL CONTRIBUTIONS FOR RE-
NEWALS.—An eligible applicant that receives a 
grant renewal under subparagraph (A) shall 
provide non-Federal contributions in an amount 
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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 incubator; 
(B) to establish partnerships with other in-
stitutions and entities to provide comprehensive 
business incubation services to Native businesses 
and Native entrepreneurs participating in the 
business incubator; and 
(C) for any other uses typically associated 
with business incubators that the Secretary de-
termines to be appropriate and consistent with 
the purposes of the program. 
(2) MINIMUM REQUIREMENTS.—Each eligible ap-
plicant receiving a grant under the program shall— 
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(A) offer culturally tailored incubation serv-
ices 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 permits 
Native businesses and Native entrepreneurs to 
conduct business and collaborate with other Na-
tive businesses and Native entrepreneurs; 
(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 capital; 
(II) preparing and presenting fi-
nancial statements; and 
(III) managing cash flow and 
other financial operations of a busi-
ness; 
(ii) management education, including 
training and counseling in planning, orga-
nization, staffing, directing, and controlling 
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each major activity or function of a busi-
ness or startup; and 
(iii) marketing education, including 
training and counseling in— 
(I) identifying and segmenting 
domestic and international market op-
portunities; 
(II) 
preparing 
and 
executing 
marketing plans; 
(III) locating contract opportuni-
ties; 
(IV) negotiating contracts; and 
(V) using varying public relations 
and advertising techniques; 
(E) provide direct mentorship or assistance 
finding mentors in the industry in which the 
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 prac-
ticable to provide Native businesses and Native entre-
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preneurs with access to the connectivity tools needed 
to compete and thrive in 21st-century markets. 
(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 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.— 
(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 eli-
gible applicant provided under the program dur-
ing the preceding year. 
(B) REPORT
CONTENT.—The report de-
scribed in subparagraph (A) shall include— 
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(i) a detailed breakdown of the Native 
businesses and Native entrepreneurs receiv-
ing services from the business incubator, in-
cluding, 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 busi-
nesses and Native entrepreneurs; 
(II) the number of Native busi-
nesses and Native entrepreneurs estab-
lished and jobs created or maintained; 
and 
(III) the performance of Native 
businesses and Native entrepreneurs 
while participating in the business in-
cubator and after graduation or depar-
ture from the business incubator; and 
(ii) any other information the Sec-
retary may require to evaluate the perform-
ance of a business incubator to ensure ap-
propriate implementation of the program. 
(C) LIMITATIONS.—To the maximum extent 
practicable, the Secretary shall not require an el-
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igible applicant to report under subparagraph 
(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 agen-
cies to ensure that, to the maximum extent prac-
ticable, the report content and form under sub-
paragraphs (A) and (B) are consistent with 
other reporting requirements for Federal pro-
grams that provide business and entrepreneurial 
assistance. 
SEC. 204. SCHOOLS TO BUSINESS INCUBATOR PIPELINE. 
The Secretary shall facilitate the establishment of rela-
tionships between eligible applicants receiving funds 
through the program and educational institutions serving 
Native American communities, including tribal colleges and 
universities. 
SEC. 205. 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 Business Ad-
ministration to ensure, to the maximum extent practicable, 
that business incubators receiving grant funds under the 
program have the information and materials needed to pro-
vide Native businesses and Native entrepreneurs with the 
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information and assistance necessary to apply for business 
and entrepreneurial development programs administered by 
the Department of Agriculture, the Department of Com-
merce, the Department of the Treasury, and the Small Busi-
ness Administration. 
TITLE 
III—INDIGENOUS 
PEO-
PLES EXCHANGE AND ECO-
NOMIC COOPERATION ACT 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Indigenous Peoples Ex-
change and Economic Cooperation Act’’. 
SEC. 302. STATEMENT OF POLICY. 
It shall be the policy of the United States to facilitate 
contacts and cooperation, including commercial relation-
ships, between Native American tribes and indigenous peo-
ples in the Western Hemisphere. 
SEC. 303. DEFINITIONS. 
In this title: 
(1) NATIVE AMERICAN TRIBES.—The term ‘‘Na-
tive American tribe’’ means any federally recognized 
tribe. 
(2) INDIGENOUS PEOPLES.—The term ‘‘indige-
nous peoples’’ means peoples residing in foreign coun-
tries in the Western Hemisphere who have historical 
ties to a particular territory and are culturally or 
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historically distinct from the politically dominant 
population. 
SEC. 304. STRATEGY. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the President shall submit 
to the appropriate congressional committees a strategy, in 
consultation with the individuals listed in subsection (b), 
to promote and facilitate— 
(1) cross-investments between Native American 
tribes and indigenous peoples in tribal businesses and 
commercial enterprises that involve indigenous peo-
ples, such as sustainable natural resource manage-
ment, agricultural development, or handicraft produc-
tion; and 
(2) the development of supply chains for United 
States entities that include products produced by Na-
tive American tribes and indigenous peoples. 
(b) CONSULTATION REQUIRED.—The individuals list-
ed in this subsection are the following: 
(1) The Secretary of Commerce. 
(2) The Secretary of State. 
(3) The Secretary of the Interior. 
(4) The United States Trade Representative. 
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(5) The Administrator and the Advisor for In-
digenous Peoples Issues of the United States Agency 
for International Development. 
(6) The President of the Overseas Private Invest-
ment Corporation. 
(7) The Chief Executive Officer of the Millen-
nium Challenge Corporation. 
(8) The President of the Inter-American Founda-
tion. 
(9) Representatives of Native American tribes. 
(10) Representatives of civil society organiza-
tions advocating for the rights or interests of indige-
nous peoples. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 
this section, the term ‘‘appropriate congressional commit-
tees’’ means— 
(1) the Committee on Foreign Affairs and the 
Committee on Natural Resources of the House of Rep-
resentatives; and 
(2) the Committee on Foreign Relations, the 
Committee on Energy and Natural Resources, and the 
Committee on Indian Affairs of the Senate. 
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SEC. 305. UNITED STATES ASSISTANCE TO SUPPORT INDIG-
ENOUS PEOPLES. 
In order to improve the capacity of indigenous peoples 
to engage in and benefit from increased trade and invest-
ment relationships, the Secretary of State shall— 
(1) consult with— 
(A) the Administrator of the United States 
Agency for International Development; and 
(B) representatives of civil society organiza-
tions, especially organizations comprised of or 
representing the interests of indigenous peoples; 
and 
(2) provide assistance to countries in the Western 
Hemisphere in a manner that promotes and facili-
tates entrepreneurship among indigenous peoples— 
(A) by strengthening the capacity of civil 
society organizations and local governments; and 
(B) by supporting projects involving sus-
tainable natural resource management, agricul-
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 cre-
ation and economic activity, and for other pur-
poses. 
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 or-
dered to be printed 
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