Democratic View
September 21, 2001
ADDITIONAL VIEWS
H.R. 2538 - Native American Small Business Development Act
Democrats strongly support providing assistance
for the development of small businesses on Native American
lands. Under H.R. 2538, the U.S. Small Business Administration's
Small Business Development Center (SBDC) Program can and will
create more jobs, foster more entrepreneurship, and stimulate
economic development on Native American lands. New small businesses
located on reservation lands will grow and existing ones will
continue to expand.
H.R. 2538 will establish a three-year pilot
project providing grants to State SBDC Programs, which can
then establish Native American SBDCs to assist Indian Tribe
Members, Native Alaskan, and Native Hawaiian populations,
with their small business development needs. Under the new
section 21(a)(7)(C)(i), established under Section 3 of the
Act, State SBDC Programs with the largest population of Indian
Tribe Members, Native Alaskans, and Native Hawaiians, will
receive priority when awarding grants. In addition, the one-percent
population requirement, can be either one percent of any of
the three populations, or any combination thereof.
The grants must be used to establish one or
more Native American SBDCs, on or near Native American lands.
H.R. 2538 does not limit, in any way, the number of centers
or subcenters a state program may propose to implement. We
expect the Administrator to balance the need of multiple sites
with quality assistance and counseling when awarding grants.
This is where consultation with the local Tribal Councils
will be essential in maximizing the benefits resulting from
the program.
H.R. 2538 provides that each State SBDC Program
receiving grants shall request the advice of local
Tribal Councils on how best to provide assistance to Indian
Tribe Members, Native Alaskans, and Native Hawaiians and where
to locate satellite centers to provide such assistance.''
However, the report language fails to emphasize the important
role these groups will play as advisors to the SBDC Program.
The cooperative nature of the relationship between the State
SBDC Program and the Native American population should be
a priority and is essential to the success of the program.
Not only will Indian Tribe Members, Native Alaskans,
and Native Hawaiians have access to counseling and technical
assistance provided through the pilot program, they will be
an integral part in developing that assistance. Other Federal
assistance programs have fallen short either because the infrastructure
of the delivery system did not exist, or the targeted population
had little, if any, involvement in developing the type of
assistance to be provided. We believe that a significant factor
in developing a successful Federal assistance program for
a targeted population, is participation by that population.
In addition, State SBDC Programs are required
to complete a grant application that shall include information
on the extent of prior consultation with local Tribal Councils.
We believe that this requirement is necessary to ensure that
the State SBDC Programs seek the recommendations and suggestions
of the targeted populations. We also believe that Section
4 of the Act requires these recommendations and suggestions
to be given substantial weight in the Administrator's decisionmaking
when awarding grants. We cannot stress enough the importance
of the participation by Indian Tribe Members, Native Alaskan,
and Native Hawaiian populations, in successfully fulfilling
these requirements.
It is also important to emphasize the role the
Association for Small Business Development Centers will play
in promulgating the regulations required under H.R. 2538.
The U.S. Small Business Administration must consult with the
Association of Small Business Development Centers in establishing
standards relating to (1) educational, technical, and support
services to be provided by SBDCs receiving grant monies, and
(2) any work plan that is required to be submitted by an applicant.
Setting standards will help ensure that grants will be awarded
to the most qualified state programs and provide a mechanism
by which the Administrator can evaluate the success of the
program. In addition, we believe the Administrator must give
the Association's recommendations substantial weight.
Lastly, we believe that fees must not be charged
in conjunction with this pilot project. Although the SBDCs
are permitted to charge fees under limited circumstances,
one-on-one counseling is provided free of charge. Current
and past Administrations have attempted to implement a fee-for-service
structure for SBDC services that are, and have been, historically
free. Implementing such a structure would not only be detrimental
to the pilot program, but to the entire SBDC Program. Democrats
have consistently opposed such a move and will continue to
oppose future attempts.
Although initial efforts to assist Native American
populations has proven successful, barriers limiting further
expansion and development still exist. Difficulties arise
because of minimal resources and provisions requiring State
SBDC Programs to match their Federal dollars with private
funds. In the past, SBDCs have found it difficult to raise
matching funds for targeted ventures.
However, we believe that under this pilot program,
the Native American SBDCs can provide an effective mechanism
for providing counseling and management assistance to small
business owners on Native American lands. Utilizing the existing
SBDC network can, and will, ensure the success of this pilot
program. Therefore, we support this pilot program and the
entrepreneurial assistance it will provide.