§ 1633 TITLE 25—INDIANS Page 460

of paragraph (1) shall be applied uniformly to all

Indian tribes and communities.

(4) For purposes of this subsection, the sanitation deficiency levels for an Indian tribe or community are as follows:

(A) level I is an Indian tribe or community

with a sanitation system—

(i) which complies with all applicable

water supply and pollution control laws, and

(ii) in which the deficiencies relate to routine replacement, repair, or maintenance

needs;

(B) level II is an Indian tribe or community

with a sanitation system—

(i) which complies with all applicable

water supply and pollution control laws, and

(ii) in which the deficiencies relate to capital improvements that are necessary to improve the facilities in order to meet the

needs of such tribe or community for domestic sanitation facilities;

(C) level III is an Indian tribe or community

with a sanitation system which—

(i) has an inadequate or partial water supply and a sewage disposal facility that does

not comply with applicable water supply and

pollution control laws, or

(ii) has no solid waste disposal facility;

(D) level IV is an Indian tribe or community

with a sanitation system which lacks either a

safe water supply system or a sewage disposal

system; and

(E) level V is an Indian tribe or community

that lacks a safe water supply and a sewage

disposal system.

(5) For purposes of this subsection, any Indian

tribe or community that lacks the operation

and maintenance capability to enable its sanitation system to meet pollution control laws may

not be treated as having a level I or II sanitation deficiency.

(Pub. L. 94–437, title III, §302, Sept. 30, 1976, 90

Stat. 1407; Pub. L. 100–713, title III, §302, Nov. 23,

1988, 102 Stat. 4814; Pub. L. 102–573, title III,

§§302, 307(b)(1), Oct. 29, 1992, 106 Stat. 4560, 4564.)

REFERENCES IN TEXT

The Housing and Community Development Act of

1974, referred to in subsec. (b)(3)(A), is Pub. L. 93–383,

Aug. 22, 1974, 88 Stat. 633, as amended. For complete

classification of this Act to the Code, see Short Title

note set out under section 5301 of Title 42, The Public

Health and Welfare, and Tables.

The Indian Self-Determination Act, referred to in

subsecs. (f) and (g)(2), is title I of Pub. L. 93–638, Jan.

4, 1975, 88 Stat. 2206, as amended, which is classified

principally to part A (§450f et seq.) of subchapter II of

chapter 14 of this title. For complete classification of

this Act to the Code, see Short Title note set out under

section 450 of this title and Tables.

AMENDMENTS

1992—Subsec. (e). Pub. L. 102–573, §302(1), amended

subsec. (e) generally. Prior to amendment, subsec. (e)

read as follows: ‘‘The provisions of this section shall

not diminish the primary responsibility of the Indian

family, community, or tribe to establish, collect, and

utilize reasonable user fees, or otherwise set aside funding, for the purpose of operating and maintaining sanitation facilities.’’

Subsec. (f)(1). Pub. L. 102–573, §302(2), substituted

‘‘this section’’ for ‘‘subsection (h) of this section’’.

Subsec. (g)(1). Pub. L. 102–573, §302(3)(A), substituted

‘‘The Secretary shall submit to the President, for inclusion in each report required to be transmitted to the

Congress under section 1671 of this title, a report’’ for

‘‘The Secretary shall submit to the Congress an annual

report’’.

Subsec. (g)(2) to (6). Pub. L. 102–573, §302(3)(B), redesignated pars. (3) to (6) as (2) to (5), respectively, and

struck out former par. (2) which read as follows: ‘‘The

first report required under paragraph (1) shall be submitted by no later than the date that is 180 days after

November 23, 1988, and, beginning in 1990, each subsequent annual report shall be submitted by the date

that is 60 days after the date on which the President

submits the budget to the Congress under section 1105

of title 31.’’

Subsec. (h). Pub. L. 102–573, §307(b)(1), struck out subsec. (h) which authorized appropriations to carry out

subsec. (b)(2) for fiscal years 1990 to 1992.

1988—Pub. L. 100–713 amended section generally, substituting subsecs. (a) to (h) relating to safe water and

sanitary waste disposal facilities for former subsecs. (a)

to (c) relating to construction of safe water and sanitary waste disposal facilities.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1633, 1671, 3905,

3908 of this title.

§ 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, §303, Sept. 30, 1976, 90

Stat. 1407.)
Page 461 TITLE 25—INDIANS § 1636

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.

§ 1634. Expenditure of non-Service funds for renovation

(a) Authority of Secretary

(1) Notwithstanding any other provision of

law, the Secretary is authorized to accept any

major renovation or modernization by any Indian tribe of any Service facility, or of any

other Indian health facility operated pursuant

to a contract entered into under the Indian SelfDetermination Act [25 U.S.C. 450f et seq.], including—

(A) any plans or designs for such renovation

or modernization; and

(B) any renovation or modernization for

which funds appropriated under any Federal

law were lawfully expended,

but only if the requirements of subsection (b) of

this section are met.

(2) The Secretary shall maintain a separate

priority list to address the needs of such facilities for personnel or equipment.

(3) The Secretary shall submit to the President, for inclusion in each report required to be

transmitted to the Congress under section 1671

of this title, the priority list maintained pursuant to paragraph (2).

(b) Requirements

The requirements of this subsection are met

with respect to any renovation or modernization

if—

(1) the tribe or tribal organization—

(A) provides notice to the Secretary of its

intent to renovate or modernize; and

(B) applies to the Secretary to be placed

on a separate priority list to address the

needs of such new facilities for personnel or

equipment; and

(2) the renovation or modernization—

(A) is approved by the appropriate area director of the Service; and

(B) is administered by the tribe in accordance with the rules and regulations prescribed by the Secretary with respect to construction or renovation of Service facilities.

(c) Recovery for non-use as Service facility

If any Service facility which has been renovated or modernized by an Indian tribe under

this section ceases to be used as a Service facility during the 20-year period beginning on the

date such renovation or modernization is completed, such Indian tribe shall be entitled to recover from the United States an amount which

bears the same ratio to the value of such facility

at the time of such cessation as the value of

such renovation or modernization (less the total

amount of any funds provided specifically for

such facility under any Federal program that

were expended for such renovation or modernization) bore to the value of such facility at

the time of the completion of such renovation or

modernization.

(Pub. L. 94–437, title III, §305, as added Pub. L.

96–537, §5, Dec. 17, 1980, 94 Stat. 3175; amended

Pub. L. 100–713, title III, §303(a), Nov. 23, 1988, 102

Stat. 4816; Pub. L. 102–573, title III, §305, Oct. 29,

1992, 106 Stat. 4563.)

REFERENCES IN TEXT

The Indian Self-Determination Act, referred to in

subsec. (a)(1), is title I of Pub. L. 93–638, Jan. 4, 1975, 88

Stat. 2206, as amended, which is classified principally

to part A (§450f et seq.) of subchapter II of chapter 14

of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 450

of this title and Tables.

AMENDMENTS

1992—Pub. L. 102–573 amended section generally, substituting present provisions for former provisions

which related to: in subsec. (a), authority of Secretary;

in subsec. (b), requirements; in subsec. (c), higher priority project; and in subsec. (d), recovery for non-use as

Service facility.

1988—Pub. L. 100–713 amended section generally, substituting ‘‘Expenditure of non-Service funds for renovation’’ for ‘‘Authorization of appropriations’’ in section

catchline and subsecs. (a) to (d) for former single unlettered par.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1671 of this title.

§ 1635. Repealed. Pub. L. 100–713, title III,

§ 303(b), Nov. 23, 1988, 102 Stat. 4817

Section, Pub. L. 98–473, title I, §101(c) [title II, §201],

Oct. 12, 1984, 98 Stat. 1837, 1865, related to renovation

and modernization of facilities.

§ 1636. Grant program for construction, expansion, and modernization of small ambulatory

care facilities

(a) Authorization

(1) The Secretary, acting through the Service,

shall make grants to tribes and tribal organizations for the construction, expansion, or modernization of facilities for the provision of ambulatory care services to eligible Indians (and

noneligible persons as provided in subsection

(c)(1)(C) of this section). A grant made under

this section may cover up to 100 percent of the

costs of such construction, expansion, or modernization. For the purposes of this section, the

term ‘‘construction’’ includes the replacement

of an existing facility.

(2) A grant under paragraph (1) may only be

made to a tribe or tribal organization operating

an Indian health facility (other than a facility

owned or constructed by the Service, including

a facility originally owned or constructed by the

Service and transferred to a tribe or tribal organization) pursuant to a contract entered into

under the Indian Self-Determination Act [25

U.S.C. 450f et seq.].

(b) Use of grant

(1) A grant provided under this section may be

used only for the construction, expansion, or

modernization (including the planning and design of such construction, expansion, or modernization) of an ambulatory care facility—

(A) located apart from a hospital;

(B) not funded under section 1631 of this title

or section 1637 of this title; and

(C) which, upon completion of such construction, expansion, or modernization will—