[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR370.203]



[Page 87-88]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 370_SPECIAL PROGRAMS AFFECTING ACQUISITION--Table of Contents

 

      Subpart 370.2_Indian Preference in Employment, Training, and 

                      Subcontracting Opportunities

 

Sec. 370.203  Definitions.



    For purposes of this subpart 370.2, the following definitions shall 

apply:

    (a) Indian means a person who is a member of an Indian Tribe. If the 

contractor has reason to doubt that a person seeking employment 

preference is an Indian, the contractor shall grant the preference but 

shall require the individual to provide evidence within thirty (30) days 

from the Tribe concerned that the person is a member of the Tribe.

    (b) Indian Tribe means an Indian Tribe, pueblo, band, nation, or 

other organized group or community, including any Alaska Native Village 

or regional or village corporation as defined in or established pursuant 

to the Alaska Native Claims Settlement Act (85 Stat. 688, 43 U.S.C. 

1601) which is recognized as eligible for the special programs and 

services provided by the United States to Indians because of their 

status as Indians.

    (c) Indian organization means the governing body of any Indian Tribe 

or entity established or recognized by such governing body in accordance 

with the Indian Financing Act of 1974 (88 Stat. 77, 25 U.S.C. 1451).

    (d) Indian-owned economic enterprise means any Indian-owned 

commercial, industrial, or business activity established or organized 

for the purpose of



[[Page 88]]



profit, provided that such Indian ownership shall constitute not less 

than 51 percent of the enterprise, and the ownership shall encompass 

active operation and control of the enterprise.

    (e) Indian reservation includes Indian reservations, public domain 

Indian allotments, former Indian reservations in Oklahoma, and land held 

by incorporated Native groups, regional corporations, and village 

corporations under the provisions of the Alaska Native Claims Settlement 

Act (85 Stat. 688, 43 U.S.C. 1601 et seq.)

    (f) On or near an Indian Reservation means on a reservation or 

reservations or within that area surrounding an Indian reservation(s) 

where a person seeking employment could reasonably be expected to 

commute to and from in the course of a work day.