HR 1834

HR 1834 IH

To amend the Small Business Act to expand and improve the assistance provided to Indian tribe members, Alaska Natives, and Native Hawaiians, and for other purposes.

April 1, 2009

Mrs. KIRKPATRICK of Arizona introduced the following bill; which was referred to the Committee on Small Business

To amend the Small Business Act to expand and improve the assistance provided to Indian tribe members, Alaska Natives, and Native Hawaiians, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Native American Business Development Enhancement Act of 2009’.

SEC. 2. OFFICE OF NATIVE AMERICAN AFFAIRS; TRIBAL BUSINESS INFORMATION CENTERS PROGRAM.

(a) Associate Administrator- Section 4(b)(1) of the Small Business Act (15 U.S.C. 633(b)(1)) is amended--

(1) by striking ‘five Associate Administrators’ and inserting ‘six Associate Administrators’; and

(2) by inserting after ‘vested in the Administration.’ the following: ‘One such Associate Administrator shall be the Associate Administrator for Native American Affairs, who shall administer the Office of Native American Affairs established under section 44.’.

(b) Establishment- The Small Business Act (15 U.S.C. 631 et seq.) is amended--

(1) by redesignating section 44 as section 45; and

(2) by inserting after section 43 the following:

‘SEC. 44. OFFICE OF NATIVE AMERICAN AFFAIRS AND TRIBAL BUSINESS INFORMATION CENTERS PROGRAM.

‘(a) Office of Native American Affairs-

‘(1) ESTABLISHMENT- There is established in the Administration an Office of Native American Affairs (hereinafter referred to in this subsection as the ‘Office’).

‘(2) ASSOCIATE ADMINISTRATOR- The Office shall be administered by an Associate Administrator appointed under section 4(b)(1).

‘(3) RESPONSIBILITIES- The Office shall have the following responsibilities:

‘(A) Developing and implementing tools and strategies to increase Native American entrepreneurship.

‘(B) Expanding the access of Native American entrepreneurs to business training, capital, and Federal small business contracts.

‘(C) Expanding outreach to Native American communities and aggressively marketing entrepreneurial development services to such communities.

‘(D) Representing the Administration with respect to Native American economic development matters.

‘(4) COORDINATION AND OVERSIGHT FUNCTION- The Office shall provide oversight with respect to and assist the implementation of all Administration initiatives relating to Native American entrepreneurial development.

‘(5) AUTHORIZATION OF APPROPRIATIONS- To carry out this subsection, there is authorized to be appropriated to the Administrator $2,000,000 for each of fiscal years 2010 and 2011.

‘(b) Tribal Business Information Centers Program-

‘(1) ESTABLISHMENT- The Administrator is authorized to operate, alone or in coordination with other Federal departments and agencies, a Tribal Business Information Centers program that provides Native American populations with business training and entrepreneurial development assistance.

‘(2) DESIGNATION OF CENTERS- The Administrator shall designate entities as centers under the Tribal Business Information Centers program.

‘(3) ADMINISTRATION SUPPORT- The Administrator may contribute agency personnel and resources to the centers designated under paragraph (2) to carry out this subsection.

‘(4) GRANT PROGRAM- The Administrator is authorized to make grants of not more than $300,000 to centers designated under paragraph (2) for the purpose of providing Native Americans the following:

‘(A) Business workshops.

‘(B) Individualized business counseling.

‘(C) Entrepreneurial development training.

‘(D) Access to computer technology and other resources to start or expand a business.

‘(5) REGULATIONS- The Administrator shall by regulation establish a process for designating centers under paragraph (2) and making the grants authorized under paragraph (4).

‘(6) DEFINITION OF ADMINISTRATOR- In this subsection, the term ‘Administrator’ means the Administrator, acting through the Associate Administrator administering the Office of Native American Affairs.

‘(7) AUTHORIZATION OF APPROPRIATIONS- To carry out this subsection, there is authorized to be appropriated to the Administrator $15,000,000 for fiscal year 2010 and $17,000,000 for fiscal year 2011.

‘(c) Definition of Native American- The term ‘Native American’ means an Indian tribe member, Alaska Native, or Native Hawaiian as such are defined in section 21(a)(8) of this Act.’.

SEC. 3. SMALL BUSINESS DEVELOPMENT CENTER ASSISTANCE TO INDIAN TRIBE MEMBERS, ALASKA NATIVES, AND NATIVE HAWAIIANS.

(a) In General- Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended by adding at the end the following:

‘(8) ADDITIONAL GRANT TO ASSIST INDIAN TRIBE MEMBERS, ALASKA NATIVES, AND NATIVE HAWAIIANS-

‘(A) IN GENERAL- Any applicant in an eligible State that is funded by the Administration as a Small Business Development Center may apply for an additional grant to be used solely to provide services described in subsection (c)(3) to assist with outreach, development, and enhancement on Indian lands of small business startups and expansions owned by Indian tribe members, Alaska Natives, and Native Hawaiians.

‘(B) ELIGIBLE STATES- For purposes of subparagraph (A), an eligible State is a State that has a combined population of Indian tribe members, Alaska Natives, and Native Hawaiians that comprises at least 1 percent of the State’s total population, as shown by the latest available census.

‘(C) GRANT APPLICATIONS- An applicant for a grant under subparagraph (A) shall submit to the Administration an application that is in such form as the Administration may require. The application shall include information regarding the applicant’s goals and objectives for the services to be provided using the grant, including--

‘(i) the capability of the applicant to provide training and services to a representative number of Indian tribe members, Alaska Natives, and Native Hawaiians;

‘(ii) the location of the Small Business Development Center site proposed by the applicant;

‘(iii) the required amount of grant funding needed by the applicant to implement the program; and

‘(iv) the extent to which the applicant has consulted with local tribal councils.

‘(D) APPLICABILITY OF GRANT REQUIREMENTS- An applicant for a grant under subparagraph (A) shall comply with all of the requirements of this section, except that the matching funds requirements under paragraph (4)(A) shall not apply.

‘(E) MAXIMUM AMOUNT OF GRANTS- No applicant may receive more than $300,000 in grants under this paragraph for any fiscal year.

‘(F) REGULATIONS- After providing notice and an opportunity for comment and after consulting with the Association recognized by the Administration pursuant to paragraph (3)(A) (but not later than 180 days after the date of enactment of this paragraph), the Administration shall issue final regulations to carry out this paragraph, including regulations that establish--

‘(i) standards relating to educational, technical, and support services to be provided by Small Business Development Centers receiving assistance under this paragraph; and

‘(ii) standards relating to any work plan that the Administration may require a Small Business Development Center receiving assistance under this paragraph to develop.

‘(G) ADVICE OF LOCAL TRIBAL ORGANIZATIONS- A Small Business Development Center receiving a grant under this paragraph shall request the advice of a tribal organization on how best to provide assistance to Indian tribe members, Alaska Natives, and Native Hawaiians and where to locate satellite centers to provide such assistance.

‘(H) DEFINITIONS- In this paragraph, the following definitions apply:

‘(i) INDIAN LANDS- The term ‘Indian lands’ has the meaning given the term ‘Indian country’ in section 1151 of title 18, United States Code, the meaning given the term ‘Indian reservation’ in section 151.2 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this paragraph), and the meaning given the term ‘reservation’ in section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903).

‘(ii) INDIAN TRIBE- The term ‘Indian tribe’ means any band, nation, or organized group or community of Indians located in the contiguous United States, and the Metlakatla Indian Community, whose members are recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians.

‘(iii) INDIAN TRIBE MEMBER- The term ‘Indian tribe member’ means a member of an Indian tribe (other than an Alaska Native).

‘(iv) ALASKA NATIVE- The term ‘Alaska Native’ has the meaning given the term ‘Native’ in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)).

‘(v) NATIVE HAWAIIAN- The term ‘Native Hawaiian’ means any individual who is--

‘(I) a citizen of the United States; and

‘(II) a descendant of the aboriginal people, who prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii.

‘(vi) TRIBAL ORGANIZATION- The term ‘tribal organization’ has the meaning given that term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)).

‘(I) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this paragraph $7,000,000 for each of fiscal years 2010 and 2011.

‘(J) FUNDING LIMITATIONS-

‘(i) NONAPPLICABILITY OF CERTAIN LIMITATIONS- Funding under this paragraph shall be in addition to the dollar program limitations specified in paragraph (4).

‘(ii) LIMITATION ON USE OF FUNDS- The Administration may carry out this paragraph only with amounts appropriated in advance specifically to carry out this paragraph.’.