Native American Management Services, Inc. v. Acting Deputy Assistant Secretary - Indian Affairs (Operations), 13 IBIA 99 (1985)

Interior Board of Indian Appeals

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Native American Management Services, Inc. v. Acting Deputy Assistant Secretary - Indian Affairs (Operations), 13 IBIA 99 (1985)

Appeal from a June 1, 1983, decision of the Acting Deputy Assistant Secretary--Indian Affairs (Operations) suspending appellant's Buy Indian Act status.

Recommended decision adopted.

1. Indians: Economic Enterprises: Buy Indian Act The meaning of "100 percent Indian control" of a business as used under the Buy Indian Act, 25 U.S.C. § 47 (1982), includes not only apparent control, but also actual control as evidenced by some measure of active participation in the business that would tend to increase Indian self-sufficiency.

IBIA 83-44-A

OPINION BY CHIEF ADMINISTRATIVE JUDGE PARRETTE

On August 15, 1983, the Board of Indian Appeals (Board) received a notice of appeal from Native American Management Services, Inc. (appellant). Appellant sought review of a June 1, 1983, decision issued by the Acting Deputy Assistant Secretary--Indian Affairs (Operations) (appellee) suspending its certification as a "Buy Indian" contractor pending further investigation. The suspension was based on a May 25, 1983, memorandum from the Inspector General of the Department of the Interior. The memorandum questioned appellant's qualifications under the Buy Indian Act, 25 U.S.C. § 47 (1982). By order dated September 7, 1983, the Board referred this case to the Hearings Division of the Office of Hearings and Appeals for an evidentiary hea...

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