25 U.S.C. § 5802 — Definitions

Page 805 TITLE 25—INDIANS § 5802 (B) gender; (C) Tribal enrollment information or affili- ation, if available; (D) the current number of open cases per State; (E) the total number of closed cases per State each calendar year, from the most re- cent 10 calendar years; and (F) other relevant information the Attor- ney General determines is appropriate; (2) includes known statistics on murdered Indians in the United States, available to the Department of Justice, including— (A) age; (B) gender; (C) Tribal enrollment information or affili- ation, if available; (D) the current number of open cases per State; (E) the total number of closed cases per State each calendar year, from the most re- cent 10 calendar years; and (F) other relevant information the Attor- ney General determines is appropriate; (3) maintains victim privacy to the greatest extent possible by excluding information that can be used on its own or with other informa- tion to identify, contact, or locate a single person, or to identify an individual in context; and (4) includes— (A) an explanation of why the statistics described in paragraph (1) may not be com- prehensive; and (B) recommendations on how data collec- tion on missing or murdered Indians may be improved. (b) Compliance (1) In general Beginning in the first fiscal year after Octo- ber 10, 2020, and annually thereafter, for the purpose of compiling accurate data for the an- nual report required under subsection (a), the Attorney General shall request all Tribal, State, and local law enforcement agencies to submit to the Department of Justice, to the fullest extent possible, all relevant informa- tion pertaining to missing or murdered Indi- ans collected by the Tribal, State, and local law enforcement agency, and in a format pro- vided by the Department of Justice that en- sures the streamlining of data reporting. (2) Disclosure The Attorney General shall disclose and publish annually, including on the website of the Department of Justice, the name of each Tribal, State, or local law enforcement agency that the Attorney General has determined has submitted the information requested under paragraph (1) for the fiscal year in which the report was published. (c) Inclusion of gender in missing and unidenti- fied persons statistics Beginning in the first calendar year after Oc- tober 10, 2020, and annually thereafter, the Fed- eral Bureau of Investigation shall include gen- der in its annual statistics on missing and un- identified persons published on its public website. (Pub. L. 116–165, § 6, Oct. 10, 2020, 134 Stat. 763.) CHAPTER 50—NATIVE AMERICAN BUSINESS INCUBATORS PROGRAM Sec. 5801. Findings. 5802. Definitions. 5803. Establishment of program. 5804. Regulations. 5805. Schools to business incubator pipeline. 5806. Agency partnerships. 5807. Authorizations of appropriations. § 5801. Findings Congress finds that— (1) entrepreneurs face specific challenges when transforming ideas into profitable busi- ness enterprises; (2) entrepreneurs that want to provide prod- ucts and services in reservation communities face an additional set of challenges that re- quires special knowledge; (3) a business incubator is an organization that assists entrepreneurs in navigating obsta- cles that prevent innovative ideas from be- coming 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 estab- lish 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 busi- ness; and (5) business incubators will stimulate eco- nomic development by providing Native entre- preneurs with the tools necessary to grow businesses that offer products and services to reservation communities. (Pub. L. 116–174, § 2, Oct. 20, 2020, 134 Stat. 839.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 116–174, § 1, Oct. 20, 2020, 134 Stat. 839, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Native American Business Incubators Program Act’.’’ § 5802. Definitions In this chapter: (1) Business incubator The term ‘‘business incubator’’ means an or- ganization that— (A) provides physical workspace and facili- ties 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; Page 806 TITLE 25—INDIANS § 5803 (ii) networking opportunities; (iii) mentorship opportunities; and (iv) other services intended to aid in de- veloping a business. (2) Eligible applicant The term ‘‘eligible applicant’’ means an ap- plicant eligible to apply for a grant under sec- tion 5803(b) of this title. (3) Indian tribe The term ‘‘Indian tribe’’ has the meaning given the term in section 5304 of this title. (4) Institution of higher education The term ‘‘institution of higher education’’ has the meaning given the term in section 1001 of title 20. (5) Native American; Native The terms ‘‘Native American’’ and ‘‘Native’’ have the meaning given the term ‘‘Indian’’ in section 5304 of this title. (6) Native business The term ‘‘Native business’’ means a busi- ness concern that is at least 51-percent owned and controlled by 1 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 es- tablished under section 5803(a) of this title. (9) Reservation The term ‘‘reservation’’ has the meaning given the term in section 1452 of this title. (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 1059c(b) of title 20. (Pub. L. 116–174, § 3, Oct. 20, 2020, 134 Stat. 839.) § 5803. Establishment of program (a) In general The Secretary shall establish a program in the Office of Indian Energy and Economic Develop- ment under which the Secretary shall provide fi- nancial assistance in the form of competitive grants to eligible applicants for the establish- ment 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 1 or more reservation communities; (B) be able to provide the physical work- space, equipment, and connectivity nec- essary for Native businesses and Native en- trepreneurs to collaborate and conduct busi- ness on a local, regional, national, and inter- national 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 pro- gram. (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 Na- tive businesses and Native entrepreneurs under the program. (B) Contents A joint application submitted under sub- paragraph (A) shall— (i) contain a certification that each par- ticipant 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 eligible applicant desiring a grant under the program shall submit to the Sec- retary 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 man- age the business incubator; and (iii) agrees— (I) to a site evaluation by the Sec- retary as part of the final selection proc- ess; (II) to an annual programmatic and fi- nancial examination for the duration of the grant; and (III) to the maximum extent prac- ticable, to remedy any problems identi- fied pursuant to the site evaluation under subclause (I) or an examination under subclause (II); (B) a description of the 1 or more reserva- tion 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 participating in the business incubator; (ii) whether the business incubator will focus on a particular type of business or industry;