Title 25 — Indians
Chapter 18 — Indian Health Care
§ 1633. Preferences to Indians and Indian firms
Statutory text
Discretionary authority; covered activities
The Secretary, acting through the Service, may utilize the negotiating authority of section 47 of this title, to give preference to any Indian or any enterprise, partnership, corporation, or other type of business organization owned and controlled by an Indian or Indians including former or currently federally recognized Indian tribes in the State of New York (hereinafter referred to as an “Indian firm”) in the construction and renovation of Service facilities pursuant to section 1631 of this title and in the construction of safe water and sanitary waste disposal facilities pursuant to section 1632 of this title. Such preference may be accorded by the Secretary unless he finds, pursuant to rules and regulations promulgated by him, that the project or function to be contracted for will not be satisfactory or such project or function cannot be properly completed or maintained under the proposed contract. The Secretary, in arriving at his finding, shall consider whether the Indian or Indian firm will be deficient with respect to (1) ownership and control by Indians, (2) equipment, (3) bookkeeping and accounting procedures, (4) substantive knowledge of the project or function to be contracted for, (5) adequately trained personnel, or (6) other necessary components of contract performance.
Pay rates
For the purpose of implementing the provisions of this subchapter, the Secretary shall assure that the rates of pay for personnel engaged in the construction or renovation of facilities constructed or renovated in whole or in part by funds made available pursuant to this subchapter are not less than the prevailing local wage rates for similar work as determined in accordance with sections 3141–3144, 3146, and 3147 of title 40.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Indian Health Care Improvement Act
Pub. L. 94–437 title III § 303 · 90 Stat. 1400
Enacted · 25 U.S.C. § 1633
(Pub. L. 94–437, title III, § 303, Sept. 30, 1976, 90 Stat. 1407.)
Source evidence
Code source credit
(Pub. L. 94–437, title III, § 303, Sept. 30, 1976, 90 Stat. 1407.)Enacted provision · exact public law section
Sec. 303. preference to indians and indian firms (a) The Secretary, acting through the Service, may utilize 25 USC 1633. the negotiating authority of the Act of June 25, 1910 (25 U.S.C. 47), to give preference to any Indian or any enterprise, partnership, corporation or other type of business organization owned and controlled by an Indian or Indians including former or currently federally recognized Indian tribes in the State of New York (hereinafter referred to as an “Indian firm”) in the construction and renovation of Service facilities pursuant to section 301 and in the construction of safe water and sanitary waste disposal facilities pursuant to section 302. Such preference may he accorded by the Secretary unless he finds, pursuant to rules and regulations promulgated by him that the project or function to be contracted for will not be satisfactory or such project or function cannot he properly completed or maintained under the proposed contract. The Secretary, in arriving at his finding, shall consider whether the Indian or Indian firm will be deficient with respect to (1) ownership and control by Indians, (2) equipment, (3) bookkeeping and accounting procedures, (4) substantive knowledge of the project or function to lie contracted for, (5) adequately trained personnel, or (6) other necessary components of contract performance. (b) For the purpose of implementing the provisions of this title, Construction personnel, pay rates. the Secretary shall assure that the rates of pay for personnel engaged in the construction or renovation of facilities constructed or renovated in whole or in part by funds made available pursuant to this title are not less than the prevailing local wage rates for similar work as determined in accordance with the Act of March 3, 1931 (40 U.S.C. 276a–276a–5, known as the Davis-Bacon Act). 40 USC 276a note.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Codification
“Sections 3141–3144, 3146, and 3147 of title 40” substituted in subsec. (b) for “the Act of (40 U.S.C. 276a—276a–5, known as the Davis-Bacon Act)” on authority of Pub. L. 107–217, § 5(c), , 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.