25 U.S.C. § 5803
Establishment of program
United States · Title 25 — INDIANS · Status: effective
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- 25 U.S.C. § 5803, Establishment of program, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/462004
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Full text
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.
To be eligible to receive a grant under the program, an applicant shall—
be—
a private nonprofit organization or tribal nonprofit organization that—
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.
A joint application submitted under subparagraph (A) shall—
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 certification that the applicant—
agrees—
a 3-year plan that describes—
information demonstrating the effectiveness and experience of the eligible applicant in—
In evaluating each application, the Secretary shall consider—
the ability of the eligible applicant—
In evaluating the proposed location of the business incubator under subparagraph (A)(iii), the Secretary shall—
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 determines that—
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.
A written site proposal shall meet the requirements described in paragraph (1)(E) and contain—
a timeline describing when the eligible applicant will be—
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.
Each grant awarded under the program shall be for a term of 3 years.
Except as provided in subparagraph (B), the Secretary shall disburse grant funds awarded to an eligible applicant in annual installments.
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.
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.
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—
The Secretary may renew a grant award under the program for a term not to exceed 3 years.
In determining whether to renew a grant award, the Secretary shall consider with respect to the eligible applicant—
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.
An eligible applicant shall not be awarded a grant under the program that is duplicative of existing Federal funding from another source.
An eligible applicant receiving a grant under the program may use grant amounts—
Each eligible applicant receiving a grant under the program shall—
provide entrepreneurship and business skills training and education to Native businesses and Native entrepreneurs including—
financial education, including training and counseling in—
marketing education, including training and counseling in—
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.
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—
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.
The report described in subparagraph (A) shall include—
a detailed breakdown of the Native businesses and Native entrepreneurs receiving services from the business incubator, including, for the year covered by the report—
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.
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.
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.
Each report submitted under subparagraph (A) shall—
include with respect to each business incubator receiving grant funds under the program—
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Native American Business Incubators Program ActHouse: no recorded tallySenate: no recorded tally