### §4302. Definitions

In this chapter:

#### (1) Director

The term "Director" means the Director of Native American Business Development appointed pursuant to section 4303(a)(2) of this title.

#### (2) Eligible entity

The term "eligible entity" means an Indian Tribe or Tribal organization, an Indian arts and crafts organization, as that term is defined in section 305a of this title, a Tribal enterprise, a Tribal marketing cooperative (as that term is defined by the Secretary, in consultation with the Secretary of the Interior), or any other Indian-owned business.

#### (3) Indian

The term "Indian" has the meaning given that term in section 5304(d) of this title.

#### (4) Indian goods and services

The term "Indian goods and services" means—

(A) Indian goods, within the meaning of section 305a of this title;

(B) goods produced or originated by an eligible entity; and

(C) services provided by eligible entities.

#### (5) Indian lands

#### (A) In general

The term "Indian lands" includes lands under the definition of—

(i) the term "Indian country" under section 1151 of title 18; or

(ii) the term "reservation" under—

(I) section 1452(d) of this title; or

(II) section 1903(10) of this title.

#### (B) Former Indian reservations in Oklahoma

For purposes of applying section 1452(d) of this title under subparagraph (A)(ii), the term "former Indian reservations in Oklahoma" shall be construed to include lands that are—

(i) within the jurisdictional areas of an Oklahoma Indian Tribe (as determined by the Secretary of the Interior); and

(ii) recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations (as in effect on November 7, 2000).

#### (6) Indian-owned business

The term "Indian-owned business" means an entity organized for the conduct of trade or commerce with respect to which at least 50 percent of the property interests of the entity are owned by Indians or Indian Tribes (or a combination thereof).

#### (7) Indian Tribe

The term "Indian Tribe" has the meaning given the term "Indian tribe" in section 5304(e) of this title.

#### (8) Office

The term "Office" means the Office of Native American Business Development established by section 4303(a)(1) of this title.

#### (9) Secretary

The term "Secretary" means the Secretary of Commerce.

#### (10) Tribal enterprise

The term "Tribal enterprise" means a commercial activity or business managed or controlled by an Indian Tribe.

#### (11) Tribal organization

The term "Tribal organization" has the meaning given that term in section 5304(l) of this title.

(Pub. L. 106–464, §3, Nov. 7, 2000, 114 Stat. 2013; Pub. L. 116–261, §3(b), (e), Dec. 30, 2020, 134 Stat. 3307, 3311.)

#### **Editorial Notes**

#### Amendments

2020—Par. (1). Pub. L. 116–261, §3(e)(1)(A), which directed substitution of "Tribe" for "tribe" in par. (1), could not be executed because the term "tribe" does not appear. See below.

Pub. L. 116–261, §3(b)(2), added par. (1). Former par. (1) redesignated (2).

Par. (2). Pub. L. 116–261, §3(e)(3), substituted "Tribal" for "tribal" wherever appearing.

Pub. L. 116–261, §3(e)(1)(A), which directed substitution of "Tribe" for "tribe" in par. (1), was executed by making the substitution in par. (2) in light of the intervening amendment by Pub. L. 116–261, §3(b)(1), redesignating former par. (1) as (2), to reflect the probable intent of Congress. See below.

Pub. L. 116–261, §3(b)(1), redesignated par. (1) as (2). Former par. (2) redesignated (3).

Par. (3). Pub. L. 116–261, §3(b)(1), redesignated par. (2) as (3). Former par. (3) redesignated (4).

Par. (4). Pub. L. 116–261, §3(e)(1)(A), which directed substitution of "Tribe" for "tribe" in par. (4), could not be executed because the term "tribe" does not appear. See below.

Pub. L. 116–261, §3(b)(1), redesignated par. (3) as (4). Former par. (4) redesignated (5).

Par. (5). Pub. L. 116–261, §3(b)(1), redesignated par. (4) as (5). Former par. (5) redesignated (6).

Par. (5)(B)(i). Pub. L. 116–261, §3(e)(1)(A), which directed substitution of "Tribe" for "tribe" in par. (4), was executed by making the substitution in par. (5)(B)(i), in light of the intervening amendment by Pub. L. 116–261, §3(b)(1), redesignating former par. (4) as (5), to reflect the probable intent of Congress. See above.

Par. (6). Pub. L. 116–261, §3(e)(2), substituted "Tribes" for "tribes".

Pub. L. 116–261, §3(e)(1)(B), which directed substitution of "The term 'Indian Tribe' has the meaning given the term 'Indian tribe' " for "The term 'Indian tribe' has the meaning given that term" in par. (6), could not be executed because the phrase "The term 'Indian tribe' has the meaning given that term" does not appear. See below.

Pub. L. 116–261, §3(b)(1), redesignated par. (5) as (6). Former par. (6) redesignated (7).

Par. (7). Pub. L. 116–261, §3(e)(1)(B), which directed substitution of "The term 'Indian Tribe' has the meaning given the term 'Indian tribe' " for "The term 'Indian tribe' has the meaning given that term" in par. (6), was executed by making the substitution in par. (7) in light of the intervening amendment by Pub. L. 116–261, §3(b)(1), redesignating former par. (6) as (7), to reflect the probable intent of Congress. See below.

Pub. L. 116–261, §3(b)(1), redesignated par. (6) as (7). Former par. (7) redesignated (9).

Par. (8). Pub. L. 116–261, §3(e)(1)(A), which directed substitution of "Tribe" for "tribe" in par. (8), could not be executed because the term "tribe" does not appear. See below.

Pub. L. 116–261, §3(b)(3), added par. (8). Former par. (8) redesignated (10).

Par. (9). Pub. L. 116–261, §3(b)(1), redesignated par. (7) as (9). Former par. (9) redesignated (11).

Par. (10). Pub. L. 116–261, §3(e)(3), substituted "Tribal" for "tribal".

Pub. L. 116–261, §3(e)(1)(A), which directed substitution of "Tribe" for "tribe" in par. (8), was executed by making the substitution in par. (10) in light of the intervening amendment by Pub. L. 116–261, §3(b)(1), redesignating former par. (8) as (10), to reflect the probable intent of Congress. See below.

Pub. L. 116–261, §3(b)(1), redesignated par. (8) as (10).

Par. (11). Pub. L. 116–261, §3(e)(3), substituted "Tribal" for "tribal".

Pub. L. 116–261, §3(b)(1), redesignated par. (9) as (11).