25 U.S.C. § 47 — Employment of Indian labor and purchase

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 Repealed.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- 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. § 45. Preference to Indians qualified for duties In all cases of the appointments of inter- preters or other persons employed for the ben- efit of the Indians, a preference shall be given to persons of Indian descent, if such can be found, who are properly qualified for the execution of the duties. (R.S. § 2069.) Editorial Notes CODIFICATION R.S. § 2069 derived from act June 30, 1834, ch. 162, § 9, 4 Stat. 737. 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. § 46. Preference to Indians in employment of clerical, mechanical, and other help Preference shall at all times, as far as prac- ticable, be given to Indians in the employment of clerical, mechanical, and other help on res- ervations and about agencies. (May 17, 1882, ch. 163, § 6, 22 Stat. 88; July 4, 1884, ch. 180, § 6, 23 Stat. 97.) 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. § 47. Employment of Indian labor and purchase of products of Indian industry; participation in Mentor-Protege Program (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. (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 construc- tion, 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 Pro- gram established under section 831(a) of the National Defense Authorization Act for Fis- cal Year 1991 (10 U.S.C. 2302 note; Public Law 101–510) or receipt of assistance under a de- Page 22 TITLE 25—INDIANS § 47 velopmental assistance agreement under that program shall not render any individual or entity involved in the provision of Indian labor or an Indian industry product ineli- gible to receive assistance under this sec- tion. (B) Treatment For purposes of this section, no determina- tion 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 pro- vide, to the protege firm, pursuant to a men- tor-protege agreement, any form of develop- mental assistance described in section 831(f) of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note; Pub- lic Law 101–510). (c) Implementation In carrying out this section, the Secretaries shall— (1) conduct outreach to Indian industrial en- tities; (2) provide training; (3) promulgate regulations in accordance with this section and with the regulations under part 1480 of title 48, Code of Federal Reg- ulations (or successor regulations), to har- monize the procurement procedures of the De- partment of the Interior and the Department of Health and Human Services, to the max- imum 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 re- views by their respective Departments to in- clude a review of the implementation of this section; and (6) consult with Indian Tribes, Indian indus- trial entities, and other stakeholders regard- ing 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 Re- sources of the House of Representatives a re- port 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 in- clude, for each fiscal year during the period covered by the report— (A) the names of each agency under the re- spective jurisdiction of each of the Secre- taries to which this section has been applied, and efforts made by additional agencies within the Secretaries’ respective Depart- ments to use the procurement procedures under this Act; (B) a summary of the types of purchases made from, and contracts (including any rel- evant modifications, extensions, or renew- als) awarded to, Indian economic enter- prises, expressed by agency region; (C) a description of the percentage in- crease or decrease in total dollar value and number of purchases and awards made with- in 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 employ- ees 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 Fed- eral Regulations (or successor regulations), including a description of— (i) the types of alternative procurement methods used, including any Indian owned businesses reported under other procure- ment 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 enter- prises, 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 pre- ceding 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 recommenda- tions for legislative or administrative ac- tions to address those barriers; and (I) for each agency region— (i) the total amount spent on purchases made from, and contracts awarded to, In- dian economic enterprises; and (ii) a comparison of the amount de- scribed 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 con- tracts awarded to a non-Indian economic enterprise. (e) Goals Each agency shall establish an annual min- imum percentage goal for procurement in com- pliance with this section. (June 25, 1910, ch. 431, § 23, 36 Stat. 861; Pub. L. 100–581, title II, § 206, Nov. 1, 1988, 102 Stat. 2940; Pub. L. 103–435, § 14, Nov. 2, 1994, 108 Stat. 4572; Pub. L. 116–261, § 4, Dec. 30, 2020, 134 Stat. 3311; Pub. L. 117–263, div. A, title VIII, § 856(e)(1), Dec. 23, 2022, 136 Stat. 2726.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (d)(2)(A), is act June 25, 1910, ch. 431, § 23, 36 Stat. 861, known as the Buy In- dian Act, which is classified to this section. Page 23 TITLE 25—INDIANS § 53 CODIFICATION Section is based on proviso of first sentence of sec- tion 23 of act of June 25, 1910. Remainder of first sen- tence of section 23 was classified to section 93 of this title prior to repeal by act Oct. 10, 1940, ch. 851, § 4, 54 Stat. 1112. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Apr. 30, 1908, ch. 153, 35 Stat. 71, making appropriations for the Indian Department. AMENDMENTS 2022—Subsec. (a)(2). Pub. L. 117–263 substituted ‘‘sec- tion 4902(c) of title 10’’ for ‘‘section 831(c) of the Na- tional Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note; Public Law 101–510)’’. 2020—Pub. L. 116–261, § 4, amended section generally. Prior to amendment, section related to employment of Indian labor and purchase of products of Indian indus- try and participation in Mentor-Protege Program. 1994—Pub. L. 103–435 inserted at end ‘‘Participation in the Mentor-Protege Program established under section 831 of the National Defense Authorization Act for Fis- cal Year 1991 (10 U.S.C. 2301 note) or receipt of assist- ance pursuant to any developmental assistance agree- ment authorized under such program shall not render Indian labor or Indian industry ineligible to receive any assistance authorized under this section. For the purposes of this section— ‘‘(1) no determination of affiliation or control (ei- ther direct or indirect) may be found between a pro- tege firm and its mentor firm on the basis that the mentor firm has agreed to furnish (or has furnished) to its protege firm pursuant to a mentor-protege agreement any form of developmental assistance de- scribed in subsection (f) of section 831 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2301 note); and ‘‘(2) the terms ‘protege firm’ and ‘mentor firm’ have the meaning given such terms in subsection (c) of such section 831.’’ 1988—Pub. L. 100–581 inserted ‘‘(including, but not limited to printing, notwithstanding any other law)’’ after ‘‘products’’. 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. § 47a. Security required by Secretary; contracts with Indian-owned economic enterprise; pub- lic work The Secretary, in his discretion, may require security other than bonds required by sections 3131 and 3133 of title 40 when entering into a con- tract with an Indian-owned economic enterprise pursuant to the provisions of the Act of June 25, 1910 (25 U.S.C. 47), for the construction, alter- ation, or repair of any public work of the United States: Provided, That, the alternative form of security provides the United States with ade- quate security for performance and payment. (Pub. L. 98–449, § 11, Oct. 4, 1984, 98 Stat. 1726.) Editorial Notes CODIFICATION ‘‘Sections 3131 and 3133 of title 40’’ substituted in text for ‘‘the Miller Act (40 U.S.C. 270a)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Build- ings, Property, and Works. § 48. Right of tribes to direct employment of per- sons engaged for them Where any of the tribes are, in the opinion of the Secretary of the Interior, competent to di- rect the employment of their blacksmiths, me- chanics, teachers, farmers, or other persons en- gaged for them, the direction of such persons may be given to the proper authority of the tribe. (R.S. § 2072.) Editorial Notes CODIFICATION R.S. § 2072 derived from act June 30, 1834, ch. 162, § 9, 4 Stat. 737. 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. § 49. Repealed. June 30, 1932, ch. 317, 47 Stat. 421 Section, act May 25, 1918, ch. 86, § 1, 40 Stat. 565, re- lated to qualifications of farmers. § 50. Repealed. Pub. L. 88–448, title IV, § 402(a)(2), Aug. 19, 1964, 78 Stat. 492 Section, R.S. § 2074, related to holding of two offices. See section 5533 of Title 5, Government Organization and Employees. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on first day of first month which be- gins later than the 90th day following Aug. 19, 1964, see Pub. L. 88–448, title IV, § 403, Aug. 19, 1964, 78 Stat. 496. §§ 51 to 52a. Repealed. Pub. L. 92–310, title II, § 229(a), (c)(2), (e), June 6, 1972, 86 Stat. 208 Section 51, R.S. § 2075, empowered President to re- quire additional security from persons charged with disbursement of money or goods. Section 52, act Apr. 30, 1908, ch. 153, 35 Stat. 71, em- powered Secretary of the Interior to require new bonds from disbursing officers. Section 52a, act Apr. 21, 1904, ch. 1402, 33 Stat. 191, re- lated to special bonds for large per capita payments. § 53. Disbursing officers; acting clerks Any disbursing agent of the Indian Service, with the approval of the Commissioner of Indian Affairs, may authorize a clerk employed in his office to act in his place and discharge all the duties devolved upon him by law or regulations during such time as he may be unable to per- form the duties of his position because of ab- sence, physical disability, or other disqualifying circumstances: Provided, That such clerk, while acting for his principal, shall be subject to all the liabilities and penalties prescribed by law for official misconduct of disbursing agents.