# 194

II-1.1000
II-1.2000
III-1.1000
III-1.2000
III-1.3000                              June 6, 1996

Mr. Dennis West
Training Coordinator
Resource Center for Independent Living
318 Third Street Northwest
East Grand Forks, MN  56721

Dear Mr. West:

     I am responding to your letter regarding the application of the Americans with Disabilities Act
(ADA) to businesses and county governments located within a Native American reservation.  I apologize
for the delay in responding.

     The ADA authorizes the Department of Justice to provide technical assistance to individuals and
entities that have rights or responsibilities under the Act.  Pursuant to that authority, this letter provides
informal guidance to assist you in understanding the ADA.  However, this technical assistance does not
constitute a legal interpretation of the statute, and it is not binding on the Department.

     Your letter asks whether non-tribal businesses are exempt from the ADA when they are located on
reservation land.  Title III of the ADA applies to places of public accommodation and commercial
facilities.  Title III does not provide any exceptions based on the location of covered entities.  Therefore,
places of public accommodation and commercial facilities located on reservation lands must comply with
title III of the ADA.

     Your letter also asks whether non-tribal county governments are exempted from the ADA by virtue
of being located on reservation land.  Title II of the ADA covers all State and local governments and their
agents and instrumentalities.  Title II, like title III, does not provide exceptions based on the location of the
covered entities.  Therefore, programs of a county government located on reservation land must comply
with title II of the ADA.

     Finally, your letter mentions possible exemption of Native Americans from the requirements of the
ADA.  Tribal governments are not covered by titles II and III of the ADA, which are applicable only to
State and local government entities and private entities.  However, Native American individuals and 
entities not involving tribal government that own or operate places of public accommodation or commercial
facilities are covered by title III of the ADA.

     I hope that this information is helpful to you and that this letter fully responds to your inquiry.

                                      Sincerely,




                                   John L. Wodatch
                                        Chief
                                Disability Rights Section