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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations regard to the notice and comment requirement of the APA. Since notice and comment is not required before this rule is issued, SBA is not required to prepare a regulatory analysis.
List of Subjects 13 CFR Part 107

Authority: 15 U.S.C. 634b; 31 U.S.C.
3803g2.

NW, Suite 72023, Washington, DC
20230.

142.1

SUPPLEMENTARY INFORMATION:

Amended
7. In 142.1, amend paragraph b by removing $11,665 and adding in its place $11,803.

PART 146NEW RESTRICTIONS ON
LOBBYING

Investment companies, Loan programs-business, Reporting and recordkeeping requirements, Small businesses.

8. The authority citation for part 146
is revised to read as follows:

13 CFR Part 120
Loan programs-business, Reporting and recordkeeping requirements, Small businesses.
13 CFR Part 142
Administrative practice and procedure, Claims, Fraud, Penalties.
13 CFR Part 146

Authority: 31 U.S.C. 1352 and 15 U.S.C.
634b6.
146.400

Amended
9. Amend 146.400 by removing $20,489 wherever it appears and adding in its place $20,731 and by removing $204,892 wherever it appears and adding in its place $207,314.

Government contracts, Grant programs, Loan programs, Lobbying, Penalties, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, SBA amends 13 CFR parts 107, 120, 142, and 146 as follows:

Isabella Casillas Guzman, Administrator.

PART 107SMALL BUSINESS
INVESTMENT COMPANIES

Economic Development Administration
FR Doc. 202120602 Filed 92321; 8:45 am BILLING CODE 802603P

DEPARTMENT OF COMMERCE

13 CFR Part 300

1. The authority citation for part 107
continues to read as follows:

Docket No.: 2109160191

Authority: 15 U.S.C. 681, 683, 687c, 687b, 687d, 687g, 687m.

RIN 0610AA82

107.665

Permitting Additional Eligible Tribal Entities
Amended
2. In 107.665, remove $271 and add in its place $274.

Economic Development Administration, U.S. Department of Commerce.
ACTION: Final rule.
AGENCY:

PART 120BUSINESS LOANS
3. The authority citation for part 120
continues to read as follows:

120.465

Amended
4. In 120.465, amend paragraph b by removing $6,740 and adding in its place $6,820.

120.1500

Amended
5. In 120.1500, amend paragraph b2 by removing $250,000 and adding in its place $252,955.

PART 142PROGRAM FRAUD CIVIL
REMEDIES ACT REGULATIONS
6. The authority citation for part 142
continues to read as follows:

VerDate Sep<11>2014

16:01 Sep 23, 2021

Jkt 253001

Through this final rule, the Economic Development Administration EDA, U.S. Department of Commerce, expands the definition of Tribal entities eligible to receive grants under the Public Works and Economic Development Act of 1965 PWEDA to include for-profit Tribal corporations so long as they are wholly owned by, and established exclusively for the benefit of, a Tribe.
DATES: This rule is effective September 24, 2021.
FOR FURTHER INFORMATION CONTACT:
Mara Quintero Campbell, Senior Advisor, email: MCampbell@eda.gov, telephone: 202 6039960, or Jeffrey Roberson, Chief Counsel, email:
JRoberson@eda.gov, telephone: 202
4821315, Economic Development Administration, U.S. Department of Commerce, 1401 Constitution Avenue SUMMARY:

Authority: 15 U.S.C. 634b6, b7, b14, h, and note, 636a, h, and m, 636m, 650, 687f, 6963, 697, 697a, and 697e; Public Law 1115, 123 Stat. 115; Public Law 111240, 124 Stat. 2504; Public Law 116260, 134 Stat. 1182.

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Background History of EDAs Definition of Eligible Tribal Entities When Congress created EDA in 1965, it recognized the unique economic needs of American Indian Nations AINs or Tribes and carved out a special provision within PWEDA that authorized Indian Tribes to be eligible for a 100% grant rate, across all of EDAs PWEDA programs. 42 U.S.C.
3144c1. No other category of eligible entity is provided such broad flexibility with regard to grant rate under PWEDA.
PWEDA defines Indian Tribe as any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or Regional Corporation as defined in or established under the Alaska Native Claims Settlement Act 43 U.S.C. 1601
et seq., that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. 42
U.S.C. 31227.
EDA has long recognized that AINs have diverse organizational, governance, and operating structures. In deference to the special government-to-government relationship that exists between the U.S.
Government and AINs and recognizing their sovereign interest in determining their own organizational arrangements, EDA has historically interpreted the term Indian Tribe broadly to include a range of Tribally controlled entities in addition to the AINs primary governing body. EDAs regulations, codified at 13
CFR 300.3, therefore provide that the term Indian Tribe includes the governing body of an Indian Tribe, nonprofit Indian corporation restricted to Indians, Indian authority, or other nonprofit Indian tribal organization or entity; provided that the Indian tribal organization or entity is wholly owned by, and established for the benefit of, the Indian Tribe or Alaska Native Village.
For over 45 years, EDAs regulations have limited the types of organizations included within the term Indian Tribe to non-profit Tribal organizations. The word non-profit first appeared in EDAs regulations in 1973 to condition the term corporation. In 1999, EDA
further modified the definition and added a second use of non-profit to
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