134 STAT. 839 PUBLIC LAW 116–174—OCT. 20, 2020 Public Law 116–174 116th Congress An Act To establish a business incubators program within the Department of the Interior to promote economic development in Indian reservation communities. 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 Incuba- tors Program Act’’. SEC. 2. FINDINGS. Congress finds that— (1) entrepreneurs face specific challenges when trans- forming ideas into profitable business enterprises; (2) entrepreneurs that want to provide products and serv- ices in reservation communities face an additional set of chal- lenges 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 coun- seling; (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 busi- ness 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 develop- ment by providing Native entrepreneurs with the tools nec- essary to grow businesses that offer products and services to reservation communities. SEC. 3. DEFINITIONS. In this Act: (1) BUSINESS INCUBATOR.—The term ‘‘business incubator’’ means an organization that— (A) provides physical workspace and facilities resources to startups and established businesses; and 25 USC 5802. 25 USC 5801. 25 USC 5801 note. Native American Business Incubators Program Act. Oct. 20, 2020 [S. 294] VerDate Sep 11 2014 09:09 Oct 23, 2020 Jkt 019139 PO 00174 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL174.116 PUBL174 134 STAT. 840 PUBLIC LAW 116–174—OCT. 20, 2020 (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 coun- seling; (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 ‘‘institu- tion 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 Amer- ican’’ 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 con- trolled by 1 or more Native Americans. (7) NATIVE ENTREPRENEUR.—The term ‘‘Native entre- preneur’’ 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 Sec- retary of the Interior. (11) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘‘tribal col- lege 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)). SEC. 4. 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 non- profit organization that— Grants. 25 USC 5803. VerDate Sep 11 2014 09:09 Oct 23, 2020 Jkt 019139 PO 00174 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL174.116 PUBL174 134 STAT. 841 PUBLIC LAW 116–174—OCT. 20, 2020 (I) provides business and financial technical assistance; and (II) will commit to serving 1 or more reserva- tion communities; (B) be able to provide the physical workspace, equip- ment, and connectivity necessary for Native businesses and Native entrepreneurs to collaborate and conduct busi- ness 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 dedi- cated to assisting Native businesses and Native entre- preneurs 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 Sec- retary an application at such time, in such manner, and con- taining 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 examina- tion under subclause (II); (B) a description of the 1 or more reservation commu- nities 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 incu- bator; (ii) whether the business incubator will focus on a particular type of business or industry; Time period. Plan. Evaluation. Certification. Certification. Time period. VerDate Sep 11 2014 09:09 Oct 23, 2020 Jkt 019139 PO 00174 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL174.116 PUBL174 134 STAT. 842 PUBLIC LAW 116–174—OCT. 20, 2020 (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 entre- preneurs not participating in the business incubator; (D) information demonstrating the effectiveness and experience of the eligible applicant in— (i) conducting financial, management, and mar- keting 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 incu- bator. (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 effec- tively imparts entrepreneurship and business skills to Native businesses and Native entre- preneurs, 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 pro- viding services in Native American communities, including in the 1 or more reservation communities described in the application; and (iii) the proposed location of the business incu- bator. (B) PRIORITY.— (i) IN GENERAL.—In evaluating the proposed loca- tion of the business incubator under subparagraph (A)(iii), the Secretary shall— (I) consider the program goal of achieving broad geographic distribution of business incuba- tors; and VerDate Sep 11 2014 09:09 Oct 23, 2020 Jkt 019139 PO 00174 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL174.116 PUBL174 134 STAT. 843 PUBLIC LAW 116–174—OCT. 20, 2020 (II) except as provided in clause (ii), give pri- ority to eligible applicants that will provide busi- ness incubation services on or near the reservation of the 1 or more communities that were described in the application. (ii) EXCEPTION.—The Secretary may give priority to an eligible applicant that is not located on or near the reservation of the 1 or more communities that were described in the application if the Secretary deter- mines 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 1 or more reservation communities to be served; and (II) siting the business incubator in the identi- fied location will serve the interests of the 1 or more reservation communities to be served. (3) SITE EVALUATION.— (A) IN GENERAL.—Before making a grant to an eligible applicant, the Secretary shall 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 pro- gram. (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 pro- posal. (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 condi- tion that disbursements shall be made not more frequently than quarterly. (3) NON-FEDERAL CONTRIBUTIONS FOR INITIAL ASSISTANCE.— Deadline. Timeline. Determination. VerDate Sep 11 2014 09:09 Oct 23, 2020 Jkt 019139 PO 00174 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL174.116 PUBL174 134 STAT. 844 PUBLIC LAW 116–174—OCT. 20, 2020 (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 contribu- tions, the Secretary determines that— (i) the proposed business incubator will provide quality business incubation services; and (ii) the 1 or more reservation communities to be served are unlikely to receive similar services because of remoteness or other reasons that inhibit the provi- sion of business and entrepreneurial development serv- ices. (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.—An eligible applicant that receives a grant renewal under subparagraph (A) shall provide non-Federal contributions in an amount equal to not less than 33 percent of the total amount of the grant. (5) NO DUPLICATIVE GRANTS.—An eligible applicant shall not be awarded a grant under the program that is duplicative of existing Feder [Text truncated for display. 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