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H.R. 4506: Jobs for Tribes Act

The text of the bill below is as of Nov 30, 2017 (Introduced).


I

115th CONGRESS

1st Session

H. R. 4506

IN THE HOUSE OF REPRESENTATIVES

November 30, 2017

(for herself, Mr. Cole, Mrs. Radewagen, Mr. Kind, Mr. O'Halleran, Ms. Jackson Lee, and Mr. Grijalva) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Foreign Affairs, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide incentives to encourage tribal job creation and economic activity, and for other purposes.

1.

Short title

This Act may be cited as the Jobs for Tribes Act.

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

Sec. 101. Short title.

Sec. 102. Findings.

Sec. 103. Native American Business Development, Trade Promotion, and Tourism 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.

I

Indian Economic Enhancement Act of 2017

101.

Short title

This title may be cited as the Indian Community Economic Enhancement Act of 2017.

102.

Findings

Congress finds that—

(1)
(A)

to bring industry and economic development to Indian communities, Indian tribes must overcome a number of barriers, including—

(i)

geographical location;

(ii)

lack of infrastructure or capacity;

(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 governmental powers;

(B)

determine policy for the benefit of tribal members; and

(C)

produce goods and services for consumers;

(3)

the Federal Government has—

(A)

an important government-to-government relationship with Indian tribes; and

(B)

a role in facilitating healthy and sustainable tribal economies;

(4)

the input of Indian tribes in developing Federal policy and programs leads to more meaningful and effective measures to assist Indian tribes and Indian entrepreneurs in building tribal economies;

(5)
(A)

many components of tribal infrastructure need significant repair or replacement; and

(B)

access to private capital for projects in Indian 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 financing 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 incentives accorded to State and local governmental entities; and

(C)

as a result of the disparity in treatment of Indian tribes described in subparagraph (B), investors may avoid financing, or demand a premium to finance, projects in Indian communities, making the projects more costly or inaccessible;

(7)

there are a number of Federal loan guarantee programs available to facilitate financing of business, energy, economic, housing, and community development projects in Indian communities, and those programs may support public-private partnerships for infrastructure development, but improvements and support are needed for those programs specific to Indian communities to facilitate more effectively 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 solutions remain subject to review and approval by the Bureau of Indian Affairs, adding additional costs and delay to tribal projects.

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

(c)

Applicability to Indian-Owned businesses

The findings and purposes in subsections (a) and (b) shall apply to any Indian-owned business governed—

(1)

by tribal laws regulating trade or commerce 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 redesignated by paragraph (1)) the following:

(1)

Director

The term Director means the Director of Native American Business Development appointed pursuant to section 4(a)(2).

; and

(3)

by inserting after paragraph (7) (as redesignated by paragraph (1)) the following:

(8)

Office

The term Office means the Office of Native American Business Development established by section 4(a)(1).

.

(c)

Office of Native American Business Development

Section 4 of the Native American Business Development, 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 Commerce and inserting Office of the Secretary; 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 Director); 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 governmental relationship between the United States and Indian tribes; and

(B)

the point of contact for Indian tribes, tribal organizations, and Indians regarding—

(i)

policies and programs of the Department of Commerce; and

(ii)

other matters relating to economic development and doing business in Indian lands.

(2)

Departmental coordination

The Director 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 regarding the policies, programs, assistance, and activities of the offices and agencies.

(3)

Office operations

There are authorized to be appropriated to carry out this section not more than $2,000,000 for each fiscal year.

.

(d)

Indian community development initiatives

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

(2)

by inserting after section 7 (25 U.S.C. 4306) the following:

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 education regarding investments in Indian communities 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 Institutions Act of 1994 (12 U.S.C. 4703(a)); and

(iii)

other capital development programs;

(B)

examine and develop alternatives that would qualify as collateral for financing in Indian communities; and

(C)

provide entrepreneur and other training 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 Federal Regulations (or successor regulations);

(3)

to identify regulatory, legal, or other barriers to increasing investment, business, and economic development, including qualifying or approving collateral structures, measurements of economic strength, and contributions of Indian economies in Indian communities through the Authority established under section 4 of the Indian Tribal Regulatory Reform and Business Development Act of 2000 (25 U.S.C. 4301 note);

(4)

to ensure consultation with Indian tribes regarding increasing investment in Indian communities and the development of the report required in paragraph (5); and

(5)

not less than once every 3 years, to provide 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 Institutions, 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 Accountability 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 Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report on the findings of the study and recommendations.

(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 programs 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 facilities construction for such purposes. For each of the Federal programs and services identified, the study shall assess the current use and demand by Indian tribes, individuals, businesses, and communities of the programs, the capital needs of Indian tribes, businesses, and communities 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 assistance 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—

(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 Financial 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 incentives that could be provided to enable and encourage tribal governments to invest in an Indian community development investment fund or bank.

.

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:

23.

Employment of Indian labor and purchase of products of Indian industry; participation 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

(1)

In general

Unless determined by one of the Secretaries to be impracticable and unreasonable—

(A)

Indian labor shall be employed; and

(B)

purchases of Indian industry products (including printing and facilities construction, notwithstanding any other provision of law) may be made in open market by the Secretaries.

(2)

Mentor-Protege Program

(A)

In general

Participation in the Mentor-Protege Program established under section 831(a) of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note; Public Law 101–510) or receipt of assistance under a developmental assistance agreement under that program shall not render any individual or entity involved in the provision of Indian labor or an Indian industry product ineligible to receive assistance under this section.

(B)

Treatment

For purposes of this section, no determination of affiliation or control (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 agreed to provide, to the protege firm, pursuant to a mentor-protege agreement, any form of developmental 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 section, the Secretaries shall—

(1)

conduct outreach to Indian industrial entities;

(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 procurement 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 aggregate 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

(6)

consult with Indian tribes, Indian industrial entities, and other stakeholders regarding methods 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 Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives 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 subsection 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 efforts made by additional agencies within the Secretaries' respective Departments to use the procurement procedures under this Act;

(B)

a summary of the types of purchases made from, and contracts (including any relevant modifications, extensions, or renewals) awarded to, Indian economic enterprises, expressed by agency region;

(C)

a description of the percentage increase 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 procurement 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;

(F)

a summary of all determinations made to provide awards to Indian economic enterprises, 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 contracts awarded for, supplies, services, and construction (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.

.

105.

Native American Programs Act of 1974

(a)

Financial assistance for Native American projects

Section 803 of the Native American Programs Act of 1974 (42 U.S.C. 2991b) is amended—

(1)

by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and

(2)

by inserting after subsection (a) the following:

(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 community 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 assistance 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 development, 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 development of nonprofit subsidiaries or other tribal business structures;

(B)

the development of a community development financial institution, including training and administrative expenses; or

(C)

the development of a tribal master plan for community and economic development and infrastructure.

.

(b)

Technical assistance and training

Section 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 following:

(a)

In general

The Commissioner

; and

(2)

by adding at the end the following:

(b)

Priority

In providing assistance under subsection (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.

II

Native American Business Incubators Program Act

201.

Short title

This title may be cited as the Native American Business Incubators Program Act.

202.

Findings

Congress finds that—

(1)

entrepreneurs face specific challenges when transforming ideas into profitable business enterprises;

(2)

entrepreneurs that want to provide products and services in reservation communities face an additional set of challenges that requires special knowledge;

(3)

a business incubator is an organization that assists entrepreneurs in navigating obstacles that prevent innovative ideas from becoming viable businesses 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 establish and expand business operations;

(4)

the business incubator model is suited to accelerating entrepreneurship in reservation communities because the business incubator model promotes 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.

203.

Definitions

In this title:

(1)

Business incubator

The term business incubator means an organization that—

(A)

provides physical workspace and facilities resources to startups and established businesses; and

(B)

is designed to accelerate the growth and success of businesses through a variety of business support resources and services, including—

(i)

access to capital, business education, 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 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 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 section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).

204.

Establishment of program

(a)

In general

The Secretary shall establish a program in the Office of Indian Energy and Economic Development under which the Secretary shall provide financial assistance in the form of competitive grants to eligible applicants for the establishment and operation of business incubators that serve reservation communities by providing 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 financial technical assistance; and

(II)

will commit to serving one or more reservation communities;

(B)

be able to provide the physical workspace, 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 entrepreneurs under the program.

(B)

Contents

A joint application submitted 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 participants meet the requirements of subparagraphs (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 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 duration of the grant; and

(III)

to the maximum extent practicable, to remedy any problems identified pursuant to the site evaluation under subclause (I) or an examination under subclause (II);

(B)

a description of the one or more reservation 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 participating 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 services to be offered to Native businesses and Native entrepreneurs participating in the business incubator; and

(iv)

a detailed breakdown of the services, if any, to be offered to Native businesses and Native entrepreneurs not participating in the business incubator;

(D)

information demonstrating the effectiveness and experience of the eligible applicant in—

(i)

conducting financial, management, and marketing assistance programs designed 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 communities;

(iv)

providing technical assistance under Federal business and entrepreneurial development programs for which Native businesses and Native entrepreneurs are eligible; and

(v)

managing finances and staff effectively; and

(E)

a site description of the location at which the eligible applicant will provide physical workspace, including a description of the technologies, equipment, and other resources that will be available to Native businesses and Native entrepreneurs participating in the business incubator.

(2)

Evaluation considerations

(A)

In general

In evaluating each application, the Secretary shall consider—

(i)

the ability of the eligible applicant—

(I)

to operate a business incubator that effectively imparts entrepreneurship and business skills to Native businesses and Native entrepreneurs, as demonstrated by the experience and qualifications of the eligible applicant;

(II)

to commence providing services within a minimum period of time, to be determined by the Secretary; and

(III)

to provide quality incubation services to a significant number of Native businesses and Native entrepreneurs;

(ii)

the experience of the eligible applicant in providing services in Native American communities, including in the one or more reservation communities described in the application; and

(iii)

the proposed location of the business 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 distribution 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 described in the application if the Secretary determines that—

(I)

the location of the business incubator will not prevent the eligible applicant from providing quality business incubation services to Native businesses and Native entrepreneurs from the one or more reservation communities 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 conduct 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 proposed 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 described 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 eligible applicant will be—

(I)

in possession of the proposed site; and

(II)

operating the business incubator 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 ensure 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 frequently than annually, on the condition that disbursements 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 receives 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 subparagraph (A) with respect to an eligible applicant if, after considering the ability of the eligible applicant 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 communities 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.

(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 applicant—

(i)

the results of the annual evaluations of the eligible applicant under subsection (f)(1);

(ii)

the performance of the business incubator of the eligible applicant, as compared to the performance of other business incubators receiving assistance under the program;

(iii)

whether the eligible applicant continues 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 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.

(ii)

Waiver

The Secretary may waive, in whole or in part, the requirements of clause (i) with respect to an eligible applicant if, after considering the ability of the eligible applicant to provide non-Federal contributions, the Secretary determines that—

(I)

the business incubator has provided and will continue to provide quality business incubation services to the one or more reservation communities served by the business incubator;

(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 inhibit the provision of business and entrepreneurial development services.

(e)

Program requirements

(1)

Use of funds

An eligible applicant receiving a grant under the program may use grant amounts—

(A)

to provide physical workspace and facilities for Native businesses and Native entrepreneurs participating in the business incubator;

(B)

to establish partnerships with other institutions 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 determines 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 entrepreneurs;

(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 Native businesses and Native entrepreneurs;

(D)

provide entrepreneurship and business skills training and education to Native businesses 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 financial statements; and

(III)

managing cash flow and other financial operations of a business;

(ii)

management education, including training and counseling in planning, organization, staffing, directing, and controlling each major activity or function of a business or startup; and

(iii)

marketing education, including training and counseling in—

(I)

identifying and segmenting domestic and international market opportunities;

(II)

preparing and executing marketing plans;

(III)

locating contract opportunities;

(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 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, 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 eligibility 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 program, 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 described in subparagraph (A) shall include—

(i)

a detailed breakdown of the Native businesses and Native entrepreneurs receiving services from the business incubator, including, for the year covered by the report—

(I)

the number of Native businesses and Native entrepreneurs participating 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 businesses and Native entrepreneurs established and jobs created or maintained; and

(III)

the performance of Native businesses and Native entrepreneurs while participating in the business incubator and after graduation or departure from the business incubator; and

(ii)

any other information the Secretary may require to evaluate the performance of a business incubator to ensure appropriate implementation of the program.

(C)

Limitations

To the maximum extent practicable, the Secretary shall not require an eligible 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 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 programs that provide business and entrepreneurial 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 biennially 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 performance 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 business incubator receiving grant funds under the program—

(I)

the number of Native businesses and Native entrepreneurs that received business incubation or other services;

(II)

the number of businesses established with the assistance of the business incubator;

(III)

the number of jobs established or maintained by Native businesses and Native entrepreneurs receiving business incubation services, including a description of where the jobs are located with respect to reservation communities;

(IV)

to the maximum extent practicable, the amount of capital investment and loan financing accessed by Native businesses and Native entrepreneurs receiving business incubation services; and

(V)

an evaluation of the overall performance of the business incubator.

205.

Regulations

Not later than 180 days after the date of enactment of this title, the Secretary shall promulgate regulations to implement the program.

206.

Schools to business incubator pipeline

The Secretary shall facilitate the establishment of relationships between eligible applicants receiving funds through the program and educational institutions serving Native American communities, including tribal colleges and universities.

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 Business 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 entrepreneurs with the information and assistance necessary to apply for business and entrepreneurial development programs administered by the Department of Agriculture, the Department of Commerce, the Department of the Treasury, and the Small Business Administration.

208.

Authorizations of appropriations

There is authorized to be appropriated to carry out the program—

(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.

III

Indigenous Peoples Exchange and Economic Cooperation Act

301.

Short title

This title may be cited as the Indigenous Peoples Exchange and Economic Cooperation Act.

302.

Statement of policy

It shall be the policy of the United States to facilitate contacts and cooperation, including commercial relationships, between Native American tribes and indigenous peoples in the Western Hemisphere.

303.

Definitions

In this title:

(1)

Native American tribes

The term Native American tribe means any federally recognized tribe.

(2)

Indigenous peoples

The term indigenous peoples means peoples residing in foreign countries in the Western Hemisphere who have historical ties to a particular territory and are culturally or historically distinct from the politically dominant population.

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 peoples, such as sustainable natural resource management, 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 listed 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.

(5)

The Administrator and the Advisor for Indigenous Peoples Issues of the United States Agency for International Development.

(6)

The President of the Overseas Private Investment Corporation.

(7)

The Chief Executive Officer of the Millennium Challenge Corporation.

(8)

The President of the Inter-American Foundation.

(9)

Representatives of Native American tribes.

(10)

Representatives of civil society organizations advocating for the rights or interests of indigenous peoples.

(c)

Appropriate congressional committees

In this section, the term appropriate congressional committees 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.

305.

United States assistance to support indigenous peoples

In order to improve the capacity of indigenous peoples 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 organizations, 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 facilitates entrepreneurship among indigenous peoples—

(A)

by strengthening the capacity of civil society organizations and local governments; and

(B)

by supporting projects involving sustainable natural resource management, agricultural development, and handicraft production.