A tribally-owned concern is a business entity that is at least fifty-one percent owned by an Indian tribe. This ownership structure allows the tribe to have significant control and benefits from the business's operations, contributing to economic development within the tribal community.
This term is primarily used in the context of federal contracting and business development programs, particularly those administered by the Small Business Administration (SBA). It is relevant in areas such as:
Tribal entities may utilize legal forms and templates to navigate these programs effectively, ensuring compliance with regulations and maximizing their business potential.
Here are a couple of examples of abatement:
Example 1: A Native American tribe establishes a construction company that is wholly owned by the tribe. This company can bid on federal contracts reserved for tribally-owned concerns.
Example 2: A tribal-owned gaming operation that is at least fifty-one percent owned by the tribe, generating revenue for community development. (hypothetical example)
Key statutes include:
Examples of state differences (not exhaustive):
| State | Notes |
|---|---|
| California | Has specific regulations for tribal gaming operations. |
| Oklahoma | Recognizes tribal sovereignty in business operations. |
| New Mexico | Offers tax incentives for tribally-owned businesses. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Difference |
|---|---|---|
| Minority-Owned Business | A business that is at least fifty-one percent owned by individuals from minority groups. | Ownership is based on racial or ethnic minority status rather than tribal affiliation. |
| Small Business | A business that meets the SBA's size standards based on revenue or employee count. | Does not require tribal ownership; can be owned by any individual or group. |
If you are part of a tribe looking to establish a business, consider the following steps:
If your situation is complex, seeking professional legal assistance is advisable.
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A business must be at least fifty-one percent owned by an Indian tribe to qualify.