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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Rules and Regulations ACE IA E5 Sac City, IA Amended Sac City Municipal Airport, IA
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That airspace extending upward from 700
feet above the surface within a 6.4-mile radius of Sac City Municipal Airport.
Issued in Fort Worth, Texas, on September 1, 2021.
Martin A. Skinner, Manager, Operations Support Group, ATO
Central Service Center.
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DEPARTMENT OF THE INTERIOR
25 CFR Part 1187
212A2100DD/AAKC001030/
A0A501010.999900
RIN 1076AF63

Indian Business Incubators Program Office of the Assistant Secretary, Indian Affairs, Interior.
ACTION: Final rule.
AGENCY:

The Office of Indian Economic Development OIED is finalizing a new regulation to implement the Native American Business Incubators Program Act. The Indian Business Incubators Program IBIP, also known as the Native American Business Incubators Program, is a program in which OIED provides competitive grants to eligible applicants to establish and operate business incubators that serve Tribal reservation communities. These regulations establish who is eligible for the program, how to apply, how OIED will evaluate applications and make awards, and how OIED will administer the program.

SUMMARY:

This rule is effective on September 8, 2021.

DATES:

FOR FURTHER INFORMATION CONTACT:

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Elizabeth Appel, Office of Regulatory Affairs & Collaborative Action, Bureau of Indian Affairs, telephone 202 273
4680, elizabeth.appel@bia.gov.
SUPPLEMENTARY INFORMATION:
I. Statutory Authority II. Need for This Rulemaking III. Overview of Rule IV. Responses to Comments A. Comments on Subpart A General Provisions and Eligibility 1. Objective of IBIP
2. Eligibility B. Comments on Subpart B Applying for a Grant C. Comments on Subpart C Evaluation of Grant Applications 1. Evaluation Criteria 2. Physical Location of Incubator
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D. Comments on Subpart D Grant Awards E. Comments on Subpart E Grant Terms and Conditions 1. Renewals 2. Use of Grant Funds 3. Waiver of Requirement for Non-Federal Contribution 4. Minimum Requirements Awardees Must Meet 5. Reports F. Comments on Subpart F Grant Administration 1. Evaluation of Grantee Performance 2. Coordination With Other Federal Agencies 3. Funding G. Miscellaneous Comments V. Procedural Requirements A. Regulatory Planning and Review E.O.
12866, 13563, and 13771
B. Regulatory Flexibility Act C. Small Business Regulatory Enforcement and Fairness Act D. Unfunded Mandates Reform Act of 1995
E. Takings E.O. 12630
F. Federalism E.O. 13132
G. Civil Justice Reform E.O. 12988
H. Paperwork Reduction Act I. National Environmental Policy Act NEPA
J. Consultation With Indian Tribes E.O.
13175
K. Energy Effects E.O. 13211
L. Determination To Issue Final Rule With Immediate Effective Date
I. Statutory Authority OIED is issuing this rule under the authority of the Native American Business Incubators Program Act, Public Law 116174.
II. Need for This Rulemaking On October 20, 2020, Congress enacted the Native American Business Incubators Program Act, Public Law 116174, codified at 25 U.S.C. 5801 et seq. In the Act, Congress established the Native American Business Incubators Program and required the Secretary of the Interior to promulgate regulations to implement the program. See 25 U.S.C.
5804.
Congress found that the Native American Business Incubators Program is necessary because, in addition to the challenges all entrepreneurs face when transforming ideas into profitable business enterprises, entrepreneurs face an additional set of challenges that requires special knowledge when they want to provide products and services in Tribal reservation communities.
Congress further found that the business incubator model is suited to accelerating entrepreneurship and ultimately, economic development in Tribal reservation communities. Business incubators help start-up and early-stage businesses by offering the business owners a range of services, such as:
Mentorships, networking, technical
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assistance, and access to investors.
Through these services, incubators promote collaboration to address challenges and provide individually tailored services to overcome the obstacles that are unique to each participating business.
III. Overview of Rule This rule establishes the IBIP in accordance with the Native American Business Incubators Program Act. This regulation names the program IBIP, rather than the Native American Business Incubators Program, to avoid use of the acronym NABIP, which would likely cause confusion due to its similarity to at least one other grant program acronym related to Native American businesses.
Through the IBIP, OIED will provide competitive grants to eligible applicants to establish and operate business incubators that serve entrepreneurs start-up and early-stage businesses who will provide products or services to Tribal reservation communities. A
business incubator is an organization that assists entrepreneurs in becoming viable businesses by providing advice and services to entrepreneurs to navigate obstacles in transforming their innovative ideas into operational businesses. Examples of services that a business incubator may provide are workspace and facilities, advice on how to access capital, business education, counseling, and networking and mentorship opportunities. Indian Affairs does not currently have any regulations in place that provide for a grant program for Indian business incubators. The rule being finalized today will provide the framework for operation of the grant program so that there is certainty as to who is eligible for a grant, how eligible applicants can apply for a grant, how OIED will evaluate, award, and administer the grants, and what terms and conditions will apply to the grants. This rule will enable OIED to provide grants that will stimulate economic development in reservation communities.
The rule consists of six subparts, each of which is described below.
Subpart AGeneral Provisions and Eligibility: Defines terms defined in the statute consistent with the statutory definitions, replacing citations with restatements of the provisions cited where appropriate, and adds a new term for IBIP in lieu of Native American Business Incubator Program NABIP to avoid confusion because the acronym NABIP is similar to other grant programs. This subpart also describes who is eligible to receive an IBIP grant, to include the following entities that
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