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LegalText 25 U.S.C. § 1633 Preferences to Indians and Indian firms us united_states_code code_section 25 INDIANS 18 INDIAN HEALTH CARE 1633 25 U.S.C. § 1633 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc25@119-100.zip /us/usc/t25/s1633 data/legal/raw/us/code/title-25/usc25.xml d9160603779de0b56b7c76157bb6da53b8bf5e118eb24ac856dd9b2e319df6f9 d4661d83bff6862be548ac8e843ba61e942ed983aade7cf83cb7dbc3dcd08168 92a801bf6aa7e734d7607e3e010daf43e341e99e21d6e77d8d70ff5f8ba821a0 2026-07-04 official
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25 U.S.C. § 1633 - Preferences to Indians and Indian firms

Text

(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 31413144, 3146, and 3147 of title 40.

(Pub. L. 94437, title III, § 303, Sept. 30, 1976, 90 Stat. 1407.)

Notes

Editorial Notes

Codification “Sections 31413144, 3146, and 3147 of title 40” substituted in subsec. (b) for “the Act of March 3, 1931 (40 U.S.C. 276a—276a5, known as the Davis-Bacon Act)” on authority of Pub. L. 107217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.