[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Rules and Regulations]
[Pages 27859-27860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11712]


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SMALL BUSINESS ADMINISTRATION

13 CFR Part 124

[Docket No.: SBA-2011-0013]


8(a) Business Development Program Regulation Changes; Tribal 
Consultation

AGENCY: U.S. Small Business Administration.

ACTION: Notice of tribal consultation meetings; request for comments.

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SUMMARY: On February 11, 2011, the U.S. Small Business Administration 
(SBA or Agency) published a final rule in the Federal Register making 
changes to the regulations governing the section 8(a) Business 
Development (BD) program. SBA announces that it is holding tribal 
consultation meetings in Milwaukee, Wisconsin and Anchorage, Alaska to 
discuss the recent changes to the 8(a) BD program regulations, 
specifically to take comments on the mandatory reporting of community 
benefits provision scheduled to take effect on September 9, 2011, 
unless SBA further delays implementation through publication in the 
Federal Register. Testimony presented at these tribal consultation 
meetings will become part of the administrative record for SBA's 
consideration when the Agency deliberates on approaches to tracking 
community benefits.

DATES: Comments are requested on or before June 8, 2011.
    The Tribal Consultation meetings will be held on Wednesday, June 
15, 2011, from 1 p.m. to 4 p.m. at the National Congress of American 
Indian Mid Year Conference in the Hyatt Regency in Milwaukee, Wisconsin 
and on Thursday, June 23, 2011, from 1 p.m. to 4 p.m. at the National 
8(a) Association Summer Conference in the Dena'ina Civic and Convention 
Center in Anchorage, Alaska 99501.
    The tribal consultation meeting pre-registration deadline date is 
June 8, 2011 at 5 p.m. (Eastern Standard Time) for the Milwaukee 
location and June 16, 2011 at 5 p.m. (Eastern Standard Time) for the 
Anchorage location.

ADDRESSES: You may submit comments, identified by Docket Number SBA-
2011-0013 using the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Identify 
comments by ``Docket Number SBA-2011-0013, 8(a) Business Development 
program Regulation Changes; Tribal Consultation,'' and follow the 
instructions for submitting comments.
    Mail: U.S. Small Business Administration, Office of Business 
Development, 490 3rd Street, SW., Washington, DC 20416.
    SBA will post comments on http://www.regulations.gov. If you wish 
to submit confidential business information (CBI) as defined in the 
User Notice at http://www.regulations.gov, please submit information to 
Ms. LaTanya Wright, Senior Advisor for Office of Business Development, 
490 3rd Street, SW., Washington, DC 20416. Highlight the information 
that you consider to be CBI, and explain why you believe this 
information should be held confidential. SBA will review the 
information and make the final determination of whether it will publish 
the information or not.
    1. The Milwaukee Tribal Consultation meeting address is the Hyatt 
Regency, 333 West Kilbourn Avenue, Milwaukee, WI 53203.
    2. The Anchorage Tribal Consultation address is the Dena'ina Civic 
and Convention Center, 600 W. 9th Avenue, Anchorage, AK 99501.
    3. Send pre-registration requests to attend and/or testify to Ms. 
Chequita Carter, Office of Native American Affairs, U.S. Small Business 
Administration, 409 Third Street, SW., Washington, DC 20416; by email; 
[email protected] or by facsimile to (202) 205-6139.

FOR FURTHER INFORMATION CONTACT: If you have questions on SBA's Final 
Rule for the 8(a) BD program, call or e-mail Ms. LaTanya Wright, Senior 
Advisor, Office of Business Development, at (202) 205-5852, or 
[email protected]. If you have questions about registering or 
attending the tribal consultation, please contact Ms. Chequita Carter 
at

[[Page 27860]]

(202) 205-7364 or email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On February 11, 2011 (76 FR 8222), SBA issued a Final Rule, 
publicly available at http://www.gpo.gov/fdsys/pkg/FR-2011-02-11/pdf/2011-2581.pdf. In that document, SBA made changes to the regulations 
governing the 8(a) BD program regulations, its small business size 
regulations, and regulations affecting Small Disadvantaged Businesses 
(SDBs). Some of the changes involve technical issues. Other changes are 
more substantive and result from SBA's experience in implementing 8(a) 
BD program regulations. One change is the addition of new reporting 
requirements for 8(a) Participants. Specifically, the final rule 
requires those 8(a) Participants owned by ANCs, tribes, NHOs, and CDCs 
to submit overall information relating to how 8(a) participation has 
benefited the tribal or native members and/or the tribal, native or 
other community as part of each Participant's annual review 
submissions, including information about funding cultural programs, 
employment assistance, jobs, scholarships, internships, subsistence 
activities, and other services to the affected community.
    SBA received several comments recommending it delay implementation 
of any reporting of benefits requirement to allow affected firms to 
gather and synthesize this data. In addition, these commenters 
encouraged SBA to establish a task force, comprised of native leaders 
and SBA, to further study how this requirement could be best 
implemented without imposing an undue burden on tribes, ANCs, NHOs or 
CDCs, or on their affected 8(a) Participants. SBA agreed and delayed 
implementation of new Sec.  124.604 for six months after the effective 
date for the other provisions of the final rule. These tribal 
consultations are for the purpose of developing best practices for 
collecting and utilizing the data. SBA expects that two Participants 
owned by the same tribe, ANC, NHO or CDC will submit identical data 
describing the benefits provided by the tribe, ANC, NHO or CDC.

II. Tribal Consultation Meetings

    The purpose of these tribal consultation meetings is to conform to 
the requirements of Executive Order 13175, ``Consultation and 
Coordination with Indian Tribal Governments''; to provide interested 
parties with an opportunity to discuss the 8(a) BD program regulatory 
changes; and for SBA to obtain the comments of SBA's stakeholders on 
approaches to tracking community benefits. In addition to general oral 
and written comments about 8(a) BD program provisions, SBA is 
requesting oral and written comments on approaches to tracking 
community benefits as required by the 8(a) BD program regulations. SBA 
considers tribal consultation meetings a valuable component of its 
deliberations and believes that these tribal consultation meetings will 
allow for constructive dialogue with the tribal community, Tribal 
Leaders, Elders and elected members of Alaska Native Villages or their 
appointed representatives.
    The format of these tribal consultation meetings will consist of a 
panel of SBA representatives who will preside over the session. The 
oral and written testimony will become part of the administrative 
record for SBA's consideration. Written testimony may be submitted in 
lieu of oral testimony.
    SBA requests that the comments address possible formats which the 
information should be transmitted to SBA and whether the data should be 
submitted at the time of the annual review (Participant's anniversary) 
or if another time in the year, such as the fiscal or calendar year, is 
better. In order to better report the data SBA is considering revisions 
to SBA Form 1450 for uniform reporting. One method SBA is considering 
is using a data list supported by a narrative format. The list would 
comprise of hard data and a narrative explaining the significance in 
benefits flowing to the community. SBA requests that commenters discuss 
the proposed methodology and offer any alternatives.
    SBA will analyze the testimony, both oral and written, along with 
any written comments received. SBA officials may ask questions of a 
presenter to clarify or further explain the testimony. The purpose of 
the tribal consultation is to discuss changes to the new reporting 
requirements for 8(a) BD program Participants owned by tribes, ANCs, 
NHOs and CDCs with the tribal community, Tribal Leaders, Elders and 
elected members of Alaska Native Villages or their appointed 
representatives and to seek their comments on approaches to tracking 
community benefits. SBA requests that the comments focus on the new 
regulatory changes as stated in the Agency's Final Rule and commenters 
not raise issues pertaining to other SBA small business programs.
    Presenters may provide a written copy of their testimony. SBA will 
accept written material that the presenter wishes to provide that 
further supplements his or her testimony. Electronic or digitized 
copies are encouraged.
    The tribal consultation meetings will be held for half a day. The 
Milwaukee meeting will begin at 1 p.m. and end at 4 p.m. The Anchorage 
meeting will begin at 1 p.m. and end at 4 p.m. SBA will adjourn early 
if all those scheduled have delivered their testimony.

III. Registration

    SBA respectfully requests that an elected or appointed 
representative of the tribal communities that are interested in 
attending please pre-register in advance and indicate whether you would 
like to testify at the hearing. Registration requests should be 
received by SBA by June 8, 2011 at 5 p.m. (Eastern Standard Time) for 
Milwaukee and June 16, 2011 at 5 p.m. (Eastern Standard Time) for 
Anchorage. Please contact Ms. Chequita Carter in SBA's Office of Native 
American Affairs in writing at [email protected] or by facsimile 
at (202) 205-6139.
    If you are interested in testifying, please include the following 
information relating to the person testifying: Name, Organization 
affiliation, Address, Telephone number, E-mail address and Fax number. 
SBA will attempt to accommodate all interested parties who wish to 
present testimony. Based on the number of registrants, it may be 
necessary to impose time limits to ensure that everyone who wishes to 
testify has the opportunity to do so. SBA will confirm in writing the 
registration of presenters and attendees.

IV. Information on Service for Individuals With Disabilities

    For information on facilities or services for individuals with 
disabilities or to request special assistance at the tribal 
consultation meeting, contact Ms. Chequita Carter at the telephone 
number or e-mail address indicated under the FOR FURTHER INFORMATION 
CONTACT section of this notice.

    Authority:  15 U.S.C. 632, 634(b) (6), 636(b), 637(a), 644 and 
662 (5); Pub. L. 105-135, sec. 401 et seq., 111 Stat. 2592; and, 
E.O. 13175, 65 FR 67249.

    Dated: May 6, 2011.
Clara Pratte,
National Director for the Office of Native American Affairs.
[FR Doc. 2011-11712 Filed 5-12-11; 8:45 am]
BILLING CODE 8025-01-P