
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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 the Act of March 3, 1931 (40 U.S.C. 276a 
to 276a-5, known as the Davis-Bacon Act).

(Pub. L. 94-437, title III, Sec. 303, Sept. 30, 1976, 90 Stat. 1407.)

                       References in Text

    The Davis-Bacon Act, referred to in subsec. (b), is act Mar. 3, 
1931, ch. 411, 46 Stat. 1494, as amended, which is classified generally 
to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and 
Works. For complete classification of this Act to the Code, see Short 
Title note set out under section 276a of Title 40 and Tables.
