(a) An Indian, Native Alaskan, or Native Hawaiian, as determined by
the Native American Grantee, who is economically disadvantaged, or
unemployed or underemployed is eligible to participate in a program
under this subpart. For income eligibility purposes, the NAG may use
either 6-months annualized or 12-months actual income.
(b) Indians and other persons of Native American descent who meet
the requirements of subsection (a) of this section and who are
identified by the
Federal or State government as ``landless'' or ``terminated'' or `'non-
federally recognized'' are included among those eligible to participate.
These terms shall be broadly construed for the specific purpose of
including, among others, terminated, State-recognized, or other groups
or individuals previously determined to be eligible for Indian services
under the Comprehensive Employment and Training Act.
(c) A Native American grantee may enroll Indian and Native American
participants in upgrading and retraining programs who are not
unemployed, underemployed or economically disadvantaged where such
participants meet the following eligibility requirements:
(1) For upgrading, a person must be operating at less than full
skill potential, and working for at least the prior 6 months with the
same employer in either an entry level, unskilled or semiskilled
position or a paid position with little or no advancement opportunity in
a normal promotional line. Priority consideration shall be given to the
workers who have been in entry level positions for the longest time.
(2) For retraining a person must have received a bona fide notice of
impending layoff and have been determined by the grantee as having
little opportunity to be reemployed in the same or equivalent occupation
or skill level within the labor market area.
