25 U.S.C. § 1633 — Preferences to Indians and Indian firms

Page 292 TITLE 25—INDIANS § 1633 § 1633. Preferences to Indians and Indian firms (a) 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 re- ferred to as an ‘‘Indian firm’’) in the construc- tion and renovation of Service facilities pursu- ant to section 1631 of this title and in the con- struction of safe water and sanitary waste dis- posal 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 can- not be properly completed or maintained under the proposed contract. The Secretary, in arriv- ing at his finding, shall consider whether the In- dian or Indian firm will be deficient with respect to (1) ownership and control by Indians, (2) equipment, (3) bookkeeping and accounting pro- cedures, (4) substantive knowledge of the project or function to be contracted for, (5) adequately trained personnel, or (6) other necessary compo- nents of contract performance. (b) Pay rates For the purpose of implementing the provi- sions of this subchapter, the Secretary shall as- sure 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 sub- chapter are not less than the prevailing local wage rates for similar work as determined in ac- cordance with sections 3141–3144, 3146, and 3147 of title 40. (Pub. L. 94–437, title III, § 303, Sept. 30, 1976, 90 Stat. 1407.) Editorial Notes CODIFICATION ‘‘Sections 3141–3144, 3146, and 3147 of title 40’’ sub- stituted in subsec. (b) for ‘‘the Act of March 3, 1931 (40 U.S.C. 276a—276a–5, known as the Davis-Bacon Act)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. § 1634. Expenditure of non-Service funds for ren- ovation (a) Authority of Secretary (1) Notwithstanding any other provision of law, the Secretary is authorized to accept any major renovation or modernization by any In- dian tribe of any Service facility, or of any other Indian health facility operated pursuant to a contract entered into under the Indian Self- Determination Act [25 U.S.C. 5321 et seq.], in- cluding— (A) any plans or designs for such renovation or modernization; and (B) any renovation or modernization for which funds appropriated under any Federal law were lawfully expended, but only if the requirements of subsection (b) are met. (2) The Secretary shall maintain a separate priority list to address the needs of such facili- ties for personnel or equipment. (3) The Secretary shall submit to the Presi- dent, for inclusion in each report required to be transmitted to the Congress under section 1671 of this title, the priority list maintained pursu- ant to paragraph (2). (b) Requirements The requirements of this subsection are met with respect to any renovation or modernization if— (1) the tribe or tribal organization— (A) provides notice to the Secretary of its intent to renovate or modernize; and (B) applies to the Secretary to be placed on a separate priority list to address the needs of such new facilities for personnel or equipment; and (2) the renovation or modernization— (A) is approved by the appropriate area di- rector of the Service; and (B) is administered by the tribe in accord- ance with the rules and regulations pre- scribed by the Secretary with respect to con- struction or renovation of Service facilities. (c) Recovery for non-use as Service facility If any Service facility which has been ren- ovated or modernized by an Indian tribe under this section ceases to be used as a Service facil- ity during the 20-year period beginning on the date such renovation or modernization is com- pleted, such Indian tribe shall be entitled to re- cover from the United States an amount which bears the same ratio to the value of such facility at the time of such cessation as the value of such renovation or modernization (less the total amount of any funds provided specifically for such facility under any Federal program that were expended for such renovation or mod- ernization) bore to the value of such facility at the time of the completion of such renovation or modernization. (Pub. L. 94–437, title III, § 305, as added Pub. L. 96–537, § 5, Dec. 17, 1980, 94 Stat. 3175; amended Pub. L. 100–713, title III, § 303(a), Nov. 23, 1988, 102 Stat. 4816; Pub. L. 102–573, title III, § 305, Oct. 29, 1992, 106 Stat. 4563.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination Act, referred to in subsec. (a)(1), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. AMENDMENTS 1992—Pub. L. 102–573 amended section generally, sub- stituting present provisions for former provisions which related to: in subsec. (a), authority of Secretary; in subsec. (b), requirements; in subsec. (c), higher pri- ority project; and in subsec. (d), recovery for non-use as Service facility. 1988—Pub. L. 100–713 amended section generally, sub- stituting ‘‘Expenditure of non-Service funds for renova-