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25 U.S.C. § 47 — Employment of Indian labor and purchase of products of Indian industry; participation in Mentor-Protege Program
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Indian economic enterprise** — The term “Indian economic enterprise” has the meaning given the term in section 1480.201 of title 48, Code of Federal Regulations (or successor regulations).
(2) **Mentor firm; protege firm** — The terms “mentor firm” and “protege firm” have the meanings given those terms in [section 4902(c) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4902/c&num=0&edition=prelim).
(3) **Secretaries** — The term “Secretaries” means—
(A) the Secretary of the Interior; and
(B) the Secretary of Health and Human Services.
**(b) Enterprise Development**
(1) **In general** — Unless determined by one of the Secretaries to be impracticable and unreasonable—
(A) Indian labor shall be employed; and
(B) purchases of Indian industry products (including printing and facilities construction, notwithstanding any other provision of law) may be made in open market by the Secretaries.
(2) **Mentor-protege program**
(A) *In general* — Participation in the Mentor-Protege Program established under section 831(a) of the National Defense Authorization Act for Fiscal Year 1991 ([10 U.S.C. 2302](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2302&num=0&edition=prelim) note; Public Law 101–510) or receipt of assistance under a developmental assistance agreement under that program shall not render any individual or entity involved in the provision of Indian labor or an Indian industry product ineligible to receive assistance under this section.
(B) *Treatment* — For purposes of this section, no determination of affiliation or control (whether direct or indirect) may be found between a protege firm and a mentor firm on the basis that the mentor f
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Source file: Laws/federal/codes/united-states-code/title-25/section-47-employment-of-indian-labor-and-purchase-of-products-of-indian-industry-p--f55df140d6.md
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Source location: Title 25, Chapter 2, § 47; chapter-002-officers-of-indian-affairs.md
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**(a) Definitions** In this section:
(1) **Indian economic enterprise** — The term “Indian economic enterprise” has the meaning given the term in section 1480.201 of title 48, Code of Federal Regulations (or successor regulations).
(2) **Mentor firm; protege firm** — The terms “mentor firm” and “protege firm” have the meanings given those terms in [section 4902(c) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4902/c&num=0&edition=prelim).
(3) **Secretaries** — The term “Secretaries” means—
(A) the Secretary of the Interior; and
(B) the Secretary of Health and Human Services.
**(b) Enterprise Development**
(1) **In general** — Unless determined by one of the Secretaries to be impracticable and unreasonable—
(A) Indian labor shall be employed; and
(B) purchases of Indian industry products (including printing and facilities construction, notwithstanding any other provision of law) may be made in open market by the Secretaries.
(2) **Mentor-protege program**
(A) *In general* — Participation in the Mentor-Protege Program established under section 831(a) of the National Defense Authorization Act for Fiscal Year 1991 ([10 U.S.C. 2302](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2302&num=0&edition=prelim) note; Public Law 101–510) or receipt of assistance under a developmental assistance agreement under that program shall not render any individual or entity involved in the provision of Indian labor or an Indian industry product ineligible to receive assistance under this section.
(B) *Treatment* — For purposes of this section, no determination of affiliation or control (whether direct or indirect) may be found between a protege firm and a mentor firm on the basis that the mentor firm has provided, or agreed to provide, to the protege firm, pursuant to a mentor-protege agreement, any form of developmental assistance described in section 831(f) of the National Defense Authorization Act for Fiscal Year 1991 ([10 U.S.C. 2302](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2302&num=0&edition=prelim) note; Public Law 101–510).
**(c) Implementation** In carrying out this section, the Secretaries shall—
(1) conduct outreach to Indian industrial entities;
(2) provide training;
(3) promulgate regulations in accordance with this section and with the regulations under part 1480 of title 48, Code of Federal Regulations (or successor regulations), to harmonize the procurement procedures of the Department of the Interior and the Department of Health and Human Services, to the maximum extent practicable;
(4) require regional offices of the Bureau of Indian Affairs and the Indian Health Service to aggregate data regarding compliance with this section;
(5) require procurement management reviews by their respective Departments to include a review of the implementation of this section; and
(6) consult with Indian Tribes, Indian industrial entities, and other stakeholders regarding methods to facilitate compliance with—
(A) this section; and
(B) other small business or procurement goals.
**(d) Report**
(1) **In general** — Not later than 1 year after December 30, 2020, and not less frequently than once every 2 years thereafter, each of the Secretaries shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report describing, during the period covered by the report, the implementation of this section by each of the respective Secretaries.
(2) **Contents** — Each report under this subsection shall include, for each fiscal year during the period covered by the report—
(A) the names of each agency under the respective jurisdiction of each of the Secretaries to which this section has been applied, and efforts made by additional agencies within the Secretaries’ respective Departments to use the procurement procedures under this Act;
(B) a summary of the types of purchases made from, and contracts (including any relevant modifications, extensions, or renewals) awarded to, Indian economic enterprises, expressed by agency region;
(C) a description of the percentage increase or decrease in total dollar value and number of purchases and awards made within each agency region, as compared to the totals of the region for the preceding fiscal year;
(D) a description of the methods used by applicable contracting officers and employees to conduct market searches to identify qualified Indian economic enterprises;
(E) a summary of all deviations granted under section 1480.403 of title 48, Code of Federal Regulations (or successor regulations), including a description of—
(i) the types of alternative procurement methods used, including any Indian owned businesses reported under other procurement goals; and
(ii) the dollar value of any awards made pursuant to those deviations;
(F) a summary of all determinations made to provide awards to Indian economic enterprises, including a description of the dollar value of the awards;
(G) a description or summary of the total number and value of all purchases of, and contracts awarded for, supplies, services, and construction (including the percentage increase or decrease, as compared to the preceding fiscal year) from—
(i) Indian economic enterprises; and
(ii) non-Indian economic enterprises;
(H) any administrative, procedural, legal, or other barriers to achieving the purposes of this section, together with recommendations for legislative or administrative actions to address those barriers; and
(I) for each agency region—
(i) the total amount spent on purchases made from, and contracts awarded to, Indian economic enterprises; and
(ii) a comparison of the amount described in clause (i) to the total amount that the agency region would likely have spent on the same purchases made from a non-Indian economic enterprise or contracts awarded to a non-Indian economic enterprise.
**(e) Goals** Each agency shall establish an annual minimum percentage goal for procurement in compliance with this section.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 127; Dec. 1, 1981, Pub. L. 97–86, title IX, § 909(a), 95 Stat. 1118; July 18, 1984, Pub. L. 98–369, div. B, title VII, § 2721, 98 Stat. 1185; Oct. 18, 1986, Pub. L. 99–500, § 101(c) [title X, § 925(a)], 100 Stat. 1783–82, 1783–153, and Oct. 30, 1986, Pub. L. 99–591, § 101(c) [title X, § 925(a)], 100 Stat. 3341–82, 3341–153; Nov. 14, 1986, Pub. L. 99–661, div. A, title IX, formerly title IV, § 925(a), 100 Stat. 3933, renumbered title IX, Apr. 21, 1987, Pub. L. 100–26, § 3(5), 101 Stat. 273; Oct. 23, 1992, Pub. L. 102–484, div. A, title VIII, § 808(a), 106 Stat. 2449, related to Congressional defense procurement policy.
#### Effective Date of Repeal
For effective date and applicability of repeal, see section 10001 of Pub. L. 103–355, set out as an Effective Date of 1994 Amendment note under [section 8752 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8752&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 127; Pub. L. 85–568, title III, § 301(b), July 29, 1958, 72 Stat. 432; Pub. L. 85–861, § 1(43A), Sept. 2, 1958, 72 Stat. 1457; Pub. L. 96–513, title V, § 511(74), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 98–369, div. B, title VII, § 2722(a), July 18, 1984, 98 Stat. 1186; Pub. L. 98–525, title XII, § 1211, Oct. 19, 1984, 98 Stat. 2589; Pub. L. 98–577, title V, § 504(b)(3), Oct. 30, 1984, 98 Stat. 3087; Pub. L. 99–661, div. A, title XIII, § 1343(a)(13), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 101–189, div. A, title VIII, § 853(b)(1), Nov. 29, 1989, 103 Stat. 1518; Pub. L. 102–25, title VII, § 701(d)(1), Apr. 6, 1991, 105 Stat. 113; Pub. L. 102–190, div. A, title VIII, § 805, Dec. 5, 1991, 105 Stat. 1417; Pub. L. 103–355, title I, § 1502, Oct. 13, 1994, 108 Stat. 3296; Pub. L. 104–106, div. D, title XLIII, § 4321(b)(3), Feb. 10, 1996, 110 Stat. 672; Pub. L. 104–201, div. A, title VIII, §§ 805(a)(1), 807(a), Sept. 23, 1996, 110 Stat. 2605, 2606; Pub. L. 105–85, div. A, title VIII, § 803(b), Nov. 18, 1997, 111 Stat. 1832; Pub. L. 107–217, § 3(b)(2), Aug. 21, 2002, 116 Stat. 1295; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 111–350, § 5(b)(8), Jan. 4, 2011, 124 Stat. 3842; Pub. L. 111–383, div. A, title VIII, § 866(g)(1), Jan. 7, 2011, 124 Stat. 4298; Pub. L. 113–291, div. A, title X, § 1071(a)(2), Dec. 19, 2014, 128 Stat. 3504; Pub. L. 114–92, div. A, title VIII, § 815(b), Nov. 25, 2015, 129 Stat. 896; Pub. L. 115–91, div. A, title II, § 221, Dec. 12, 2017, 131 Stat. 1333; Pub. L. 115–232, div. A, title VIII, § 836(c)(1), Aug. 13, 2018, 132 Stat. 1864; Pub. L. 116–283, div. A, title XVIII, § 1806(a)(5), (6), (b)(2)–(6
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts June 25, 1910, ch. 431, § 23, 36 Stat. 861; May 18, 1916, ch. 125, § 1, 39 Stat. 126; Jan. 12, 1927, ch. 27, 44 Stat. 936, related to purchase of Indian supplies and services.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Use of Funds.—**
(1) **In general.—** — Funds made available under the tribal transportation program shall be used by the Secretary of Transportation and the Secretary of the Interior to pay the costs of—
(A)
(i) transportation planning, research, maintenance, engineering, rehabilitation, restoration, construction, and reconstruction of tribal transportation facilities;
(ii) adjacent vehicular parking areas;
(iii) interpretive signage;
(iv) acquisition of necessary scenic easements and scenic or historic sites;
(v) provisions for pedestrians and bicycles;
(vi) environmental mitigation in or adjacent to tribal land—
(I) to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity; and
(II) to mitigate the damage to wildlife, aquatic organism passage, habitat, and ecosystem connectivity, including the costs of constructing, maintaining, replacing, or removing culverts and bridges, as appropriate;
(vii) construction and reconstruction of roadside rest areas, including sanitary and water facilities; and
(viii) other appropriate public road facilities as determined by the Secretary;
(B) operation and maintenance of transit programs and facilities that are located on, or provide access to, tribal land, or are administered by a tribal government; and
(C) any transportation project eligible for assistance under this title that is located within, or that provides access to, tribal land, or is associated with a tribal government.
(2) **Contract.—** — In connection with an activity described in paragraph (1), the Secretary and the Secretary of the Interior may enter into a contract or other appropriate agreement with respect to the activity with—
(A) a State (i
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Area office** — The term “Area office” means an administrative entity including a program office, within the Indian Health Service through which services and funds are provided to the service units within a defined geographic area.
(2) **Behavioral health**
(A) *In general* — The term “behavioral health” means the blending of substance (alcohol, drugs, inhalants, and tobacco) abuse and mental health disorders prevention and treatment for the purpose of providing comprehensive services.
(B) *Inclusions* — The term “behavioral health” includes the joint development of substance abuse and mental health treatment planning and coordinated case management using a multidisciplinary approach.
(3) **California Indian** — The term “California Indian” means any Indian who is eligible for health services provided by the Service pursuant to [section 1679 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1679&num=0&edition=prelim).
(4) **Community college** — The term “community college” means—
(A) a tribal college or university; or
(B) a junior or community college.
(5) **Contract health service** — The term “contract health service” means any health service that is—
(A) delivered based on a referral by, or at the expense of, an Indian health program; and
(B) provided by a public or private medical provider or hospital that is not a provider or hospital of the Indian health program.
(6) **Department** — The term “Department”, unless otherwise designated, means the Department of Health and Human Services.
(7) **Disease prevention**
(A) *In general* — The term “disease prevention” means any activity for—
(i) the reduction, limitation, and prevention of—
(I) disease; and
(II)
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment**
(1) The Secretary, acting through the Service, shall establish a program to be known as the Indian Health Service Loan Repayment Program (hereinafter referred to as the “Loan Repayment Program”) in order to assure an adequate supply of trained health professionals necessary to maintain accreditation of, and provide health care services to Indians through, Indian health programs.
(2) For the purposes of this section—
(A) the term “Indian health program” means any health program or facility funded, in whole or part, by the Service for the benefit of Indians and administered—
(i) directly by the Service;
(ii) by any Indian tribe or tribal or Indian organization pursuant to a contract under—
(I) the Indian Self-Determination Act [[25 U.S.C. 5321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) et seq.], or
(II) section 23 of the Act of April 30, 1908 11 See References in Text note below. ([25 U.S.C. 47](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section47&num=0&edition=prelim)), popularly known as the “Buy-Indian” Act; or
(iii) by an urban Indian organization pursuant to subchapter IV of this chapter; and
(B) the term “State” has the same meaning given such term in section 254d(i)(4) 1 of title 42.
**(b) Eligibility** To be eligible to participate in the Loan Repayment Program, an individual must—
(1)
(A) be enrolled—
(i) in a course of study or program in an accredited institution, as determined by the Secretary, within any State and be scheduled to complete such course of study in the same year such individual applies to participate in such program; or
(ii) in an approved graduate training program in a health profession
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Discretionary authority; covered activities** The Secretary, acting through the Service, may utilize the negotiating authority of [section 47 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section47&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1631&num=0&edition=prelim) and in the construction of safe water and sanitary waste disposal facilities pursuant to [section 1632 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1632&num=0&edition=prelim). 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.
**(b) Pay rates** For the purpose of implementing the provisions of this subchapter, the Secretary shall assure that the rates
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary, in his discretion, may require security other than bonds required by sections 3131 and 3133 of title 40 when entering into a contract with an Indian-owned economic enterprise pursuant to the provisions of the Act of June 25, 1910 ([25 U.S.C. 47](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section47&num=0&edition=prelim)), for the construction, alteration, or repair of any public work of the United States: Provided, That, the alternative form of security provides the United States with adequate security for performance and payment.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1869
TITLE 10—ARMED FORCES
[§ 2302d
extreme weather to ensure the ongoing avail-
ability of such lands to military personnel,
weapon systems, and equipment for testing
and training purposes.
(2) TRAINING AND EDUCATION ON SUSTAINMENT
OF LANDS.—The Secretary shall develop a pro-
gram of training and education for members of
the Armed Forces (including the reserve com-
ponents)
on
the
importance
of
the
sustainment of the lands of the military test-
ing and training ranges as described in para-
graph (1).
(3) INVESTMENT IN RESILIENCE OF LANDS.—The
Secretary shall use existing programs of the
Department, including the Readiness and En-
vironmental Protection Integration Program
of the Department (or such successor pro-
gram), to provide for investments determined
appropriate by the Secretary in the lands of
the military testing and training ranges, to in-
crease the resilience and adaptation of such
lands to the current and projected impacts of
extreme weather for testing and training pur-
poses in connection with current and projected
testing and training requirements in the
short- and long-term.
(f) USE OF CERTAIN TECHNOLOGIES.—The Sec-
retary shall take appropriate actions to increase
the use of low emission, emission-free, and net-
zero-emission energy technologies in the oper-
ations, programs, projects, and activities of the
Department, provided the use is cost effective
over the life-cycle of the investment.
(Added Pub. L. 117–81, div. A, title III, § 332(a),
Dec. 27, 2021, 135 Stat. 1637; amended Pub. L.
118–159, div. A, title XVII, § 1701(a)(28), Dec. 23,
2024, 138 Stat. 2204.)
Editorial Notes
AMENDMENTS
2024—Subsecs. (b) to (f). Pub. L. 118–159 redesignated
subsecs. (d) to (f) as (c) to (e), respectively, and the sec-
ond subsec
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2302
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Federal law — U.S. Code and appendices · legal_authorities
Page 21
TITLE 25—INDIANS
§ 47
tain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
§ 41a. Indian inspectors
Indian inspectors shall on and after March 4,
1909 be termed inspectors, and shall be included
in the classified service.
(Mar. 4, 1909, ch. 297, § 1, 35 Stat. 888.)
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with cer-
tain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
§ 42. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966,
80 Stat. 632
Section, R.S. § 2068, provided for interpreters for In-
dian agencies under Department of the Interior.
§ 43. Persons paid for other services not paid for
interpreting
No person employed by the United States and
paid for any other service shall be paid for inter-
preting.
(Apr. 4, 1910, ch. 140, § 2, 36 Stat. 272.)
§ 44. Employment of Indians
In the Indian Service Indians shall be em-
ployed as herders, teamsters, and laborers, and
where practicable in all other employments in
connection with the agencies and the Indian
Service. And it shall be the duty of the Sec-
retary of the Interior and the Commissioner of
Indian Affairs to enforce this provision.
(Aug. 15, 1894, ch. 290, § 10, 28 Stat. 313.)
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with cer-
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