§ 44 TITLE 25—INDIANS Page 12

(Apr. 4, 1910, ch. 140, §2, 36 Stat. 272.)

§ 44. Employment of Indians

In the Indian Service Indians shall be employed 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 Secretary of the Interior and the Commissioner of

Indian Affairs to enforce this provision.

(Aug. 15, 1894, ch. 290, §10, 28 Stat. 313.)

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees,

and agencies of Department of the Interior, with certain 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.

CROSS REFERENCES

Standards for Indians appointed to office, see section

472 of this title.

§ 45. Preference to Indians qualified for duties

In all cases of the appointments of interpreters or other persons employed for the benefit 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.)

CODIFICATION

R.S. §2069 derived from act June 30, 1834, ch. 162, §9,

4 Stat. 737.

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees,

and agencies of Department of the Interior, with certain 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.

CROSS REFERENCES

Standards for Indians appointed to office, see section

472 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 20 section 3423c.

§ 46. Preference to Indians in employment of

clerical, mechanical, and other help

Preference shall at all times, as far as practicable, be given to Indians in the employment

of clerical, mechanical, and other help on reservations and about agencies.

(May 17, 1882, ch. 163, §6, 22 Stat. 88; July 4, 1884,

ch. 180, §6, 23 Stat. 97.)

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees,

and agencies of Department of the Interior, with certain 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.

CROSS REFERENCES

Indian schools, employment of Indians where practicable, see section 274 of this title.

Purchases from Indian manual and training schools

when advantageous, see section 104 of this title.

Standards for Indians appointed to office, see section

472 of this title.

§ 47. Employment of Indian labor and purchase

of products of Indian industry; participation

in Mentor-Protege Program

So far as may be practicable Indian labor shall

be employed, and purchases of the products (including, but not limited to printing, notwithstanding any other law) of Indian industry may

be made in open market in the discretion of the

Secretary of the Interior. Participation in the

Mentor-Protege Program established under section 831 of the National Defense Authorization

Act for Fiscal Year 1991 (10 U.S.C. 2301 note) or

receipt of assistance pursuant to any developmental assistance agreement 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

(either direct or indirect) may be found between a protege 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 described 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.

(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.)

REFERENCES IN TEXT

Section 831 of the National Defense Authorization

Act for Fiscal Year 1991, referred to in text, is section

831 of Pub. L. 101–510, which is set out as a note under

section 2302 of Title 10, Armed Forces.

CODIFICATION

Section is based on proviso of first sentence of section 23 of act of June 25, 1910. Remainder of first sentence 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 contained in act Apr. 30, 1908, ch. 153, 35 Stat. 71, making

appropriations for the Indian Department.

AMENDMENTS

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 Fiscal Year 1991 (10 U.S.C. 2301 note) or receipt of assistance pursuant to any developmental assistance agreement 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 (either direct or indirect) may be found between a protege 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-