§ 1633. — Preference to Indians and Indian firms.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1633]
TITLE 25--INDIANS
CHAPTER 18--INDIAN HEALTH CARE
SUBCHAPTER III--HEALTH FACILITIES
Sec. 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 referred to as an ``Indian firm'') in the
construction and renovation of Service facilities pursuant to section
1631 of this title and in the construction of safe water and sanitary
waste disposal 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 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.
(Pub. L. 94-437, title III, Sec. 303, Sept. 30, 1976, 90 Stat. 1407.)
Codification
``Sections 3141-3144, 3146, and 3147 of title 40'' substituted 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,
Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which
enacted Title 40, Public Buildings, Property, and Works.
