Browse Arkansas Code titles and sections
25 U.S.C. § 1636 — Preferences to Indians and Indian firms
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1636
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: eae7b3d988b9604731e4a581747f2f8d5677396a3bbb52e3a5d21d148d30fc77. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_5faa85a4ea89597dd10666a0
Source file: Laws/federal/codes/united-states-code/title-25/section-1636-preferences-to-indians-and-indian-firms--dba87e8401.md
Pages: Not recorded – Not recorded
Passage SHA-256: 37380e965a5cbc78bd3460179d954e939d6525a9d46d62607db8707a7dced53b
Source location: Title 25, Chapter 18, § 1636; chapter-018-indian-health-care.md
Stored source content
**(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 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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission of report** As soon as practicable after March 23, 2010, the Comptroller General of the United States shall submit to the Secretary, the Committee on Indian Affairs of the Senate, and the Committee on Natural Resources of the House of Representatives, and make available to each Indian tribe, a report describing the results of the study of the Comptroller General regarding the funding of the contract health service program (including historic funding levels and a recommendation of the funding level needed for the program) and the administration of the contract health service program (including the distribution of funds pursuant to the program), as requested by Congress in March 2009, or pursuant to [section 1680t of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1680t&num=0&edition=prelim).
**(b) Consultation with tribes** On receipt of the report under subsection (a), the Secretary shall consult with Indian tribes regarding the contract health service program, including the distribution of funds pursuant to the program—
(1) to determine whether the current distribution formula would require modification if the contract health service program were funded at the level recommended by the Comptroller General;
(2) to identify any inequities in the current distribution formula under the current funding level or inequitable results for any Indian tribe under the funding level recommended by the Comptroller General;
(3) to identify any areas of program administration that may result in the inefficient or ineffective management of the program; and
(4) to identify any other issues and recommendations to improve the administration of the contract health services program and correct any unfair results or funding dispari
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1631
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 47
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Pub. L. 94–437, title IV, § 404, as added Pub. L. 96–537, § 6, Dec. 17, 1980, 94 Stat. 3176, which related to grants to and contracts with tribal organizations, was transferred to [section 1644 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1644&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1632
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 293
TITLE 25—INDIANS
§ 1637
1 So in original. Probably should be ‘‘Self-Determination’’.
2 See References in Text note below.
tion’’ for ‘‘Authorization of appropriations’’ in section
catchline and subsecs. (a) to (d) for former single unlet-
tered par.
§ 1635. Repealed. Pub. L. 100–713, title III,
§ 303(b), Nov. 23, 1988, 102 Stat. 4817
Section, Pub. L. 98–473, title I, § 101(c) [title II, § 201],
Oct. 12, 1984, 98 Stat. 1837, 1865, related to renovation
and modernization of facilities.
§ 1636. Grant program for construction, expan-
sion, and modernization of small ambulatory
care facilities
(a) Authorization
(1) The Secretary, acting through the Service,
shall make grants to tribes and tribal organiza-
tions for the construction, expansion, or mod-
ernization of facilities for the provision of am-
bulatory care services to eligible Indians (and
noneligible persons as provided in subsection
(c)(1)(C)). A grant made under this section may
cover up to 100 percent of the costs of such con-
struction, expansion, or modernization. For the
purposes of this section, the term ‘‘construc-
tion’’ includes the replacement of an existing fa-
cility.
(2) A grant under paragraph (1) may only be
made to a tribe or tribal organization operating
an Indian health facility (other than a facility
owned or constructed by the Service, including
a facility originally owned or constructed by the
Service and transferred to a tribe or tribal orga-
nization) pursuant to a contract entered into
under the Indian Self-Determination Act [25
U.S.C. 5321 et seq.].
(b) Use of grant
(1) A grant provided under this section may be
used only for the construction, expansion, or
modernization (including the planning and de-
sign of such construction, expansion, or mod-
erniza
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 1636
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.