I 
115TH CONGRESS 
1ST SESSION H. R. 4506 
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 fol-
lowing 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 Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To provide incentives to encourage tribal job creation and 
economic activity, and for other purposes. 
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 ‘‘Jobs for Tribes Act’’. 
SEC. 2. TABLE OF CONTENTS. 
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 2017 
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Sec. 101. Short title. 
Sec. 102. Findings. 
Sec. 103. Native American Business Development, Trade Promotion, and Tour-
ism Act of 2000. 
Sec. 104. Buy Indian Act. 
Sec. 105. Native American Programs Act of 1974. 
TITLE II—NATIVE AMERICAN BUSINESS INCUBATORS PROGRAM 
ACT 
Sec. 201. Short title. 
Sec. 202. Findings. 
Sec. 203. Definitions. 
Sec. 204. Establishment of program. 
Sec. 205. Regulations. 
Sec. 206. Schools to business incubator pipeline. 
Sec. 207. Agency partnerships. 
Sec. 208. Authorizations of appropriations. 
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. 
TITLE I—INDIAN ECONOMIC 
ENHANCEMENT ACT OF 2017 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Indian Community 
Economic Enhancement Act of 2017’’. 
SEC. 102. FINDINGS. 
Congress finds that— 
(1)(A) to bring industry and economic develop-
ment to Indian communities, Indian tribes must 
overcome a number of barriers, including— 
(i) geographical location; 
(ii) lack of infrastructure or capacity; 
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(iii) lack of sufficient collateral and capital; 
and 
(iv) regulatory bureaucracy relating to— 
(I) development; and 
(II) access to services provided by the 
Federal Government; and 
(B) the barriers described in subparagraph (A) 
often add to the cost of doing business in Indian 
communities; 
(2) Indian tribes— 
(A) enact laws and exercise sovereign gov-
ernmental powers; 
(B) determine policy for the benefit of trib-
al members; and 
(C) produce goods and services for con-
sumers; 
(3) the Federal Government has— 
(A) an important government-to-govern-
ment relationship with Indian tribes; and 
(B) a role in facilitating healthy and sus-
tainable tribal economies; 
(4) the input of Indian tribes in developing 
Federal policy and programs leads to more meaning-
ful and effective measures to assist Indian tribes and 
Indian entrepreneurs in building tribal economies; 
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(5)(A) many components of tribal infrastruc-
ture need significant repair or replacement; and 
(B) access to private capital for projects in In-
dian communities— 
(i) may not be available; or 
(ii) may come at a higher cost than such 
access for other projects; 
(6)(A) Federal capital improvement programs, 
such as those that facilitate tax-exempt bond financ-
ing and loan guarantees, are tools that help improve 
or replace crumbling infrastructure; 
(B) lack of parity in treatment of an Indian 
tribe as a governmental entity under Federal tax 
and certain other regulatory laws impedes, in part, 
the ability of Indian tribes to raise capital through 
issuance of tax exempt debt, invest as an accredited 
investor, and benefit from other investment incen-
tives accorded to State and local governmental enti-
ties; and 
(C) as a result of the disparity in treatment of 
Indian tribes described in subparagraph (B), inves-
tors may avoid financing, or demand a premium to 
finance, projects in Indian communities, making the 
projects more costly or inaccessible; 
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(7) there are a number of Federal loan guar-
antee programs available to facilitate financing of 
business, energy, economic, housing, and community 
development projects in Indian communities, and 
those programs may support public-private partner-
ships for infrastructure development, but improve-
ments and support are needed for those programs 
specific to Indian communities to facilitate more ef-
fectively private financing for infrastructure and 
other urgent development needs; and 
(8)(A) most real property held by Indian tribes 
is trust or restricted land that essentially cannot be 
held as collateral; and 
(B) while creative solutions, such as leasehold 
mortgages, have been developed in response to the 
problem identified in subparagraph (A), some solu-
tions remain subject to review and approval by the 
Bureau of Indian Affairs, adding additional costs 
and delay to tribal projects. 
SEC. 103. NATIVE AMERICAN BUSINESS DEVELOPMENT, 
TRADE PROMOTION, AND TOURISM ACT OF 
2000. 
(a) FINDINGS; PURPOSES.—Section 2 of the Native 
American Business Development, Trade Promotion, and 
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Tourism Act of 2000 (25 U.S.C. 4301) is amended by 
adding at the end the following: 
‘‘(c) APPLICABILITY
TO
INDIAN-OWNED
BUSI-
NESSES.—The findings and purposes in subsections (a) 
and (b) shall apply to any Indian-owned business gov-
erned— 
‘‘(1) by tribal laws regulating trade or com-
merce on Indian lands; or 
‘‘(2) pursuant to section 5 of the Act of August 
15, 1876 (19 Stat. 200, chapter 289; 25 U.S.C. 
261).’’. 
(b) DEFINITIONS.—Section 3 of the Native American 
Business Development, Trade Promotion, and Tourism 
Act of 2000 (25 U.S.C. 4302) is amended— 
(1) by redesignating paragraphs (1) through 
(6) and paragraphs (7) through (9), as paragraphs 
(2) through (7) and paragraphs (9) through (11), 
respectively; 
(2) by inserting before paragraph (2) (as redes-
ignated by paragraph (1)) the following: 
‘‘(1) DIRECTOR.—The term ‘Director’ means 
the Director of Native American Business Develop-
ment appointed pursuant to section 4(a)(2).’’; and 
(3) by inserting after paragraph (7) (as redesig-
nated by paragraph (1)) the following: 
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‘‘(8) OFFICE.—The term ‘Office’ means the Of-
fice of Native American Business Development es-
tablished by section 4(a)(1).’’. 
(c) OFFICE OF NATIVE AMERICAN BUSINESS DEVEL-
OPMENT.—Section 4 of the Native American Business De-
velopment, Trade Promotion, and Tourism Act of 2000 
(25 U.S.C. 4303) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘Department of Com-
merce’’ and inserting ‘‘Office of the Sec-
retary’’; and 
(ii) by striking ‘‘(referred to in this 
Act as the ‘Office’)’’; and 
(B) in paragraph (2), in the first sentence, 
by striking ‘‘(referred to in this Act as the ‘Di-
rector’)’’; and 
(2) by adding at the end the following: 
‘‘(c) DUTIES OF DIRECTOR.— 
‘‘(1) IN
GENERAL.—The Director shall serve 
as— 
‘‘(A) the program and policy advisor to the 
Secretary with respect to the trust and govern-
mental relationship between the United States 
and Indian tribes; and 
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‘‘(B) the point of contact for Indian tribes, 
tribal organizations, and Indians regarding— 
‘‘(i) policies and programs of the De-
partment of Commerce; and 
‘‘(ii) other matters relating to eco-
nomic development and doing business in 
Indian lands. 
‘‘(2) DEPARTMENTAL COORDINATION.—The Di-
rector shall coordinate with all offices and agencies 
within the Department of Commerce to ensure that 
each office and agency has an accountable process to 
ensure— 
‘‘(A) meaningful and timely coordination 
and assistance, as required by this Act; and 
‘‘(B) consultation with Indian tribes re-
garding the policies, programs, assistance, and 
activities of the offices and agencies. 
‘‘(3) OFFICE OPERATIONS.—There are author-
ized to be appropriated to carry out this section not 
more than $2,000,000 for each fiscal year.’’. 
(d) INDIAN
COMMUNITY
DEVELOPMENT
INITIA-
TIVES.—The Native American Business Development, 
Trade Promotion, and Tourism Act of 2000 is amended— 
(1) by redesignating section 8 (25 U.S.C. 4307) 
as section 10; and 
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(2) by inserting after section 7 (25 U.S.C. 
4306) the following: 
‘‘SEC. 8. INDIAN COMMUNITY DEVELOPMENT INITIATIVES. 
‘‘(a) INTERAGENCY COORDINATION.—Not later than 
1 year after the enactment of this section, the Secretary, 
the Secretary of the Interior, and the Secretary of the 
Treasury shall coordinate— 
‘‘(1) to develop initiatives that— 
‘‘(A) encourage, promote, and provide edu-
cation regarding investments in Indian commu-
nities through— 
‘‘(i) the loan guarantee program of 
Bureau of Indian Affairs under section 
201 of the Indian Financing Act of 1974 
(25 U.S.C. 1481); 
‘‘(ii) programs carried out using 
amounts in the Community Development 
Financial Institutions Fund established 
under section 104(a) of the Community 
Development Banking and Financial Insti-
tutions Act of 1994 (12 U.S.C. 4703(a)); 
and 
‘‘(iii) other capital development pro-
grams; 
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‘‘(B) examine and develop alternatives that 
would qualify as collateral for financing in In-
dian communities; and 
‘‘(C) provide entrepreneur and other train-
ing relating to economic development through 
tribally controlled colleges and universities and 
other Indian organizations with experience in 
providing such training; 
‘‘(2) to consult with Indian tribes and with the 
Securities and Exchange Commission to determine, 
and collaborate to establish, statutory or regulatory 
changes necessary to qualify an Indian tribe as an 
accredited investor for the purposes of sections 
230.500 through 230.508 of title 17, Code of Fed-
eral Regulations (or successor regulations); 
‘‘(3) to identify regulatory, legal, or other bar-
riers to increasing investment, business, and eco-
nomic development, including qualifying or approv-
ing collateral structures, measurements of economic 
strength, and contributions of Indian economies in 
Indian communities through the Authority estab-
lished under section 4 of the Indian Tribal Regu-
latory Reform and Business Development Act of 
2000 (25 U.S.C. 4301 note); 
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‘‘(4) to ensure consultation with Indian tribes 
regarding increasing investment in Indian commu-
nities and the development of the report required in 
paragraph (5); and 
‘‘(5) not less than once every 3 years, to pro-
vide a report to Congress regarding improvements to 
Indian communities resulting from such initiatives 
and recommendations for promoting sustained 
growth of the tribal economies. 
‘‘(b) WAIVER.—For assistance provided pursuant to 
section 108 of the Community Development Banking and 
Financial Institutions Act of 1994 (12 U.S.C. 4707) to 
benefit Native Community Development Financial Institu-
tions, as defined by the Secretary of the Treasury, section 
108(e) of such Act shall not apply. 
‘‘(c) INDIAN ECONOMIC DEVELOPMENT FEASIBILITY 
STUDY.— 
‘‘(1) IN GENERAL.—The Government Account-
ability Office shall conduct a study and, not later 
than 18 months after the date of enactment of this 
subsection, submit to the Committee on Indian Af-
fairs of the Senate and the Committee on Natural 
Resources of the House of Representatives a report 
on the findings of the study and recommendations. 
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‘‘(2) CONTENTS.—The study shall include an 
assessment of each of the following: 
‘‘(A) IN GENERAL.—The study shall assess 
current Federal capitalization and related pro-
grams and services that are available to assist 
Indian communities with business and economic 
development, including manufacturing, physical 
infrastructure (such as telecommunications and 
broadband), community development, and facili-
ties construction for such purposes. For each of 
the Federal programs and services identified, 
the study shall assess the current use and de-
mand by Indian tribes, individuals, businesses, 
and communities of the programs, the capital 
needs of Indian tribes, businesses, and commu-
nities related to economic development, and the 
extent that similar programs have been used to 
assist non-Indian communities compared to the 
extent used for Indian communities. 
‘‘(B) FINANCING ASSISTANCE.—The study 
shall assess and quantify the extent of assist-
ance provided to non-Indian borrowers and to 
Indian (both tribal and individual) borrowers 
through the loan programs, the loan guarantee 
programs, or bond guarantee programs of the— 
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‘‘(i) Department of the Interior; 
‘‘(ii) Department of Agriculture; 
‘‘(iii) Department of Housing and 
Urban Development; 
‘‘(iv) Department of Energy; 
‘‘(v) Small Business Administration; 
and 
‘‘(vi) Community Development Finan-
cial Institutions Fund of the Department 
of the Treasury. 
‘‘(C) TAX INCENTIVES.—The study shall 
assess and quantify the extent of the assistance 
and allocations afforded for non-Indian projects 
and for Indian projects pursuant to each of the 
following tax incentive programs: 
‘‘(i) New market tax credit. 
‘‘(ii) Low income housing tax credit. 
‘‘(iii) Investment tax credit. 
‘‘(iv) Renewable energy tax incentives. 
‘‘(v) Accelerated depreciation. 
‘‘(D) TRIBAL INVESTMENT INCENTIVE.— 
The study shall assess various alternative incen-
tives that could be provided to enable and en-
courage tribal governments to invest in an In-
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dian community development investment fund 
or bank.’’. 
SEC. 104. BUY INDIAN ACT. 
Section 23 of the Act of June 25, 1910 (commonly 
known as the ‘‘Buy Indian Act’’) (36 Stat. 861, chapter 
431; 25 U.S.C. 47), is amended to read as follows: 
‘‘SEC. 23. EMPLOYMENT OF INDIAN LABOR AND PURCHASE 
OF PRODUCTS OF INDIAN INDUSTRY; PAR-
TICIPATION IN MENTOR-PROTEGE PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) INDIAN
ECONOMIC
ENTERPRISE.—The 
term ‘Indian economic enterprise’ has the meaning 
given the term in section 1480.201 of title 48, Code 
of Federal Regulations (or successor regulations). 
‘‘(2) MENTOR
FIRM; 
PROTEGE
FIRM.—The 
terms ‘mentor firm’ and ‘protege firm’ have the 
meanings given those terms in section 831(c) of the 
National Defense Authorization Act for Fiscal Year 
1991 (10 U.S.C. 2302 note; Public Law 101–510). 
‘‘(3) SECRETARIES.—The term ‘Secretaries’ 
means— 
‘‘(A) the Secretary of the Interior; and 
‘‘(B) the Secretary of Health and Human 
Services. 
‘‘(b) ENTERPRISE DEVELOPMENT.— 
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‘‘(1) IN GENERAL.—Unless determined by one 
of the Secretaries to be impracticable and unreason-
able— 
‘‘(A) Indian labor shall be employed; and 
‘‘(B) purchases of Indian industry prod-
ucts (including printing and facilities construc-
tion, notwithstanding any other provision of 
law) may be made in open market by the Secre-
taries. 
‘‘(2) MENTOR-PROTEGE PROGRAM.— 
‘‘(A) IN
GENERAL.—Participation in the 
Mentor-Protege Program established under sec-
tion 831(a) of the National Defense Authoriza-
tion Act for Fiscal Year 1991 (10 U.S.C. 2302 
note; Public Law 101–510) or receipt of assist-
ance under a developmental assistance agree-
ment under that program shall not render any 
individual or entity involved in the provision of 
Indian labor or an Indian industry product in-
eligible to receive assistance under this section. 
‘‘(B) TREATMENT.—For purposes of this 
section, no determination of affiliation or con-
trol (whether direct or indirect) may be found 
between a protege firm and a mentor firm on 
the basis that the mentor firm has provided, or 
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agreed to provide, to the protege firm, pursuant 
to a mentor-protege agreement, any form of de-
velopmental assistance described in section 
831(f) of the National Defense Authorization 
Act for Fiscal Year 1991 (10 U.S.C. 2302 note; 
Public Law 101–510). 
‘‘(c) IMPLEMENTATION.—In carrying out this sec-
tion, the Secretaries shall— 
‘‘(1) conduct outreach to Indian industrial enti-
ties; 
‘‘(2) provide training; 
‘‘(3) promulgate regulations in accordance with 
this section and with the regulations under part 
1480 of title 48, Code of Federal Regulations (or 
successor regulations), to harmonize the procure-
ment procedures of the Department of the Interior 
and the Department of Health and Human Services, 
to the maximum extent practicable; 
‘‘(4) require regional offices of the Bureau of 
Indian Affairs and the Indian Health Service to ag-
gregate data regarding compliance with this section; 
‘‘(5) require procurement management reviews 
by their respective Departments to include a review 
of the implementation of this section; and 
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‘‘(6) consult with Indian tribes, Indian indus-
trial entities, and other stakeholders regarding meth-
ods to facilitate compliance with— 
‘‘(A) this section; and 
‘‘(B) other small business or procurement 
goals. 
‘‘(d) REPORT.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this subsection, and not 
less frequently than once every 2 years thereafter, 
each of the Secretaries shall submit to the Com-
mittee on Indian Affairs of the Senate and the Com-
mittee on Natural Resources of the House of Rep-
resentatives a report describing, during the period 
covered by the report, the implementation of this 
section by each of the respective Secretaries. 
‘‘(2) CONTENTS.—Each report under this sub-
section shall include, for each fiscal year during the 
period covered by the report— 
‘‘(A) the names of each agency under the 
respective jurisdiction of each of the Secretaries 
to which this section has been applied, and ef-
forts made by additional agencies within the 
Secretaries’ respective Departments to use the 
procurement procedures under this Act; 
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‘‘(B) a summary of the types of purchases 
made from, and contracts (including any rel-
evant modifications, extensions, or renewals) 
awarded to, Indian economic enterprises, ex-
pressed by agency region; 
‘‘(C) a description of the percentage in-
crease or decrease in total dollar value and 
number of purchases and awards made within 
each agency region, as compared to the totals 
of the region for the preceding fiscal year; 
‘‘(D) a description of the methods used by 
applicable contracting officers and employees to 
conduct market searches to identify qualified 
Indian economic enterprises; 
‘‘(E) a summary of all deviations granted 
under section 1480.403 of title 48, Code of 
Federal Regulations (or successor regulations), 
including a description of— 
‘‘(i) the types of alternative procure-
ment methods used, including any Indian 
owned businesses reported under other 
procurement goals; and 
‘‘(ii) the dollar value of any awards 
made pursuant to those deviations; 
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‘‘(F) a summary of all determinations 
made to provide awards to Indian economic en-
terprises, including a description of the dollar 
value of the awards; 
‘‘(G) a description or summary of the total 
number and value of all purchases of, and con-
tracts awarded for, supplies, services, and con-
struction (including the percentage increase or 
decrease, as compared to the preceding fiscal 
year) from— 
‘‘(i) Indian economic enterprises; and 
‘‘(ii) non-Indian economic enterprises; 
and 
‘‘(H) any administrative, procedural, legal, 
or other barriers to achieving the purposes of 
this section, together with recommendations for 
legislative or administrative actions to address 
those barriers. 
‘‘(e) GOALS.—Each agency shall establish an annual 
minimum percentage goal for procurement in compliance 
with this section.’’. 
SEC. 105. NATIVE AMERICAN PROGRAMS ACT OF 1974. 
(a) FINANCIAL ASSISTANCE FOR NATIVE AMERICAN 
PROJECTS.—Section 803 of the Native American Pro-
grams Act of 1974 (42 U.S.C. 2991b) is amended— 
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(1) by redesignating subsections (b) through (d) 
as subsections (c) through (e), respectively; and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) ECONOMIC DEVELOPMENT.— 
‘‘(1) IN
GENERAL.—The Commissioner may 
provide assistance under subsection (a) for projects 
relating to the purposes of this title to a Native com-
munity development financial institution, as defined 
by the Secretary of the Treasury. 
‘‘(2) PRIORITY.—With regard to not less than 
50 percent of the total amount available for assist-
ance under this section, the Commissioner shall give 
priority to any application seeking assistance for— 
‘‘(A) the development of a tribal code or 
court system for purposes of economic develop-
ment, including commercial codes, training for 
court personnel, regulation pursuant to section 
5 of the Act of August 15, 1876 (19 Stat. 200, 
chapter 289; 25 U.S.C. 261), and the develop-
ment of nonprofit subsidiaries or other tribal 
business structures; 
‘‘(B) the development of a community de-
velopment financial institution, including train-
ing and administrative expenses; or 
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‘‘(C) the development of a tribal master 
plan for community and economic development 
and infrastructure.’’. 
(b) TECHNICAL ASSISTANCE AND TRAINING.—Sec-
tion 804 of the Native American Programs Act of 1974 
(42 U.S.C. 2991c) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘The Commissioner’’ and inserting the fol-
lowing: 
‘‘(a) IN GENERAL.—The Commissioner’’; and 
(2) by adding at the end the following: 
‘‘(b) PRIORITY.—In providing assistance under sub-
section (a), the Commissioner shall give priority to any 
application described in section 803(b)(2).’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 
816 of the Native American Programs Act of 1974 (42 
U.S.C. 2992d) is amended— 
(1) by striking ‘‘803(d)’’ each place it appears 
and inserting ‘‘803(e)’’; and 
(2) in subsection (a), by striking ‘‘1999, 2000, 
2001, and 2002’’ and inserting ‘‘2018 through 
2022’’. 
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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. FINDINGS. 
Congress finds that— 
(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 
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(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 
(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. 203. DEFINITIONS. 
In this title: 
(1) BUSINESS
INCUBATOR.—The term ‘‘busi-
ness 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 
business support resources and services, includ-
ing— 
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(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). 
(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 
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51-percent owned and controlled by one 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). 
(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. 204. 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-
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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 
(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, 
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. 
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(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— 
(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; 
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(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; 
(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 partici-
pating in the business incubator; 
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(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-
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-
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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 
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; 
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(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 
(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 
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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 
incubator will not prevent the eligible 
applicant from providing quality busi-
ness incubation services to Native 
businesses and Native entrepreneurs 
from the one or more reservation com-
munities to be served; and 
(II) siting the business incubator 
in the identified location will serve the 
interests of the one or more reserva-
tion 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 
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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 
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-
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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 
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. 
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(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 one or more reservation com-
munities to be served are unlikely to re-
ceive similar services because of remote-
ness or other reasons that inhibit the pro-
vision of business and entrepreneurial de-
velopment 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— 
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(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). 
(C) NON-FEDERAL
CONTRIBUTIONS
FOR 
RENEWALS.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), an eligible applicant that re-
ceives 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. 
(ii) WAIVER.—The Secretary may 
waive, in whole or in part, the require-
ments of clause (i) with respect to an eligi-
ble applicant if, after considering the abil-
ity of the eligible applicant to provide non- 
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Federal contributions, the Secretary deter-
mines that— 
(I) the business incubator has 
provided and will continue to provide 
quality business incubation services to 
the one or more reservation commu-
nities served by the business incu-
bator; 
(II) the one or more reservation 
communities served by the business 
incubator have benefitted and will 
continue to benefit from the services 
of the business incubator; and 
(III) the one or more reservation 
communities to be served are unlikely 
to receive similar services because of 
remoteness or other reasons that in-
hibit the provision of business and en-
trepreneurial development services. 
(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-
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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-
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; 
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(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; 
(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 
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; 
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(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 
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, 
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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.— 
(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-
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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-
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. 
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(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-
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— 
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(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; 
(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. 
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SEC. 205. REGULATIONS. 
Not later than 180 days after the date of enactment 
of this title, the Secretary shall promulgate regulations to 
implement the program. 
SEC. 206. 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 
Native American communities, including tribal colleges 
and universities. 
SEC. 207. 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. 208. AUTHORIZATIONS OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
the program— 
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(1) for each of fiscal years 2018 through 2023, 
$5,000,000; and 
(2) for fiscal year 2024 and each fiscal year 
thereafter, such sums as may be necessary. 
TITLE 
III—INDIGENOUS 
PEO-
PLES EXCHANGE AND ECO-
NOMIC COOPERATION ACT 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Indigenous Peoples 
Exchange 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 
peoples in the Western Hemisphere. 
SEC. 303. DEFINITIONS. 
In this title: 
(1) NATIVE
AMERICAN
TRIBES.—The term 
‘‘Native American tribe’’ means any federally recog-
nized tribe. 
(2) INDIGENOUS PEOPLES.—The term ‘‘indige-
nous peoples’’ means peoples residing in foreign 
countries in the Western Hemisphere who have his-
torical ties to a particular territory and are cul-
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turally or 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 sub-
mit to the appropriate congressional committees a strat-
egy, in consultation with the individuals listed in sub-
section (b), to promote and facilitate— 
(1) cross-investments between Native American 
tribes and indigenous peoples in tribal businesses 
and commercial enterprises that involve indigenous 
peoples, such as sustainable natural resource man-
agement, agricultural development, or handicraft 
production; and 
(2) the development of supply chains for United 
States entities that include products produced by 
Native 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 In-
vestment Corporation. 
(7) The Chief Executive Officer of the Millen-
nium Challenge Corporation. 
(8) The President of the Inter-American Foun-
dation. 
(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 com-
mittees’’ means— 
(1) the Committee on Foreign Affairs and the 
Committee on Natural Resources of the House of 
Representatives; 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 peo-
ples to engage in and benefit from increased trade and 
investment 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 organi-
zations, especially organizations comprised of or 
representing the interests of indigenous peoples; 
and 
(2) provide assistance to countries in the West-
ern Hemisphere in a manner that promotes and fa-
cilitates entrepreneurship among indigenous peo-
ples— 
(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. 
Æ 
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