25 U.S.C. § 47a — Security required by Secretary; contracts

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.