148 
‘‘(ii) if only a washeteria or central fa-
cility exists in the community. 
‘‘(E) A level V deficiency exists in the ab-
sence of a sanitation facility, where individual 
homes do not have access to safe drinking 
water or adequate wastewater (including sew-
age) disposal. 
‘‘(i) DEFINITIONS.—For purposes of this section, the 
following terms apply: 
‘‘(1) INDIAN
COMMUNITY.—The term ‘Indian 
community’ means a geographic area, a significant 
proportion of whose inhabitants are Indians and 
which is served by or capable of being served by a 
facility described in this section. 
‘‘(2) 
SANITATION
FACILITIES.—The 
terms 
‘sanitation facility’ and ‘sanitation facilities’ mean 
safe and adequate water supply systems, sanitary 
sewage disposal systems, and sanitary solid waste 
systems (and all related equipment and support in-
frastructure). 
‘‘SEC. 303. PREFERENCE TO INDIANS AND INDIAN FIRMS. 
‘‘(a) BUY
INDIAN
ACT.—The Secretary, acting 
through the Service, may use the negotiating authority of 
section 23 of the Act of June 25, 1910 (25 U.S.C. 47, 
commonly known as the ‘Buy Indian Act’), to give pref-
VerDate Aug 31 2005 
03:45 May 16, 2006
Jkt 049200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\H5312.IH
H5312
CCOLEMAN on PROD1PC71 with BILLS
149 
erence to any Indian or any enterprise, partnership, cor-
poration, 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 pur-
suant to section 301 and in the construction of sanitation 
facilities pursuant to section 302. Such preference may be 
accorded by the Secretary unless the Secretary finds, pur-
suant to regulations adopted pursuant to section 802, 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 such a 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) LABOR STANDARDS.— 
VerDate Aug 31 2005 
03:45 May 16, 2006
Jkt 049200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\H5312.IH
H5312
CCOLEMAN on PROD1PC71 with BILLS
150 
‘‘(1) IN GENERAL.—For the purposes of imple-
menting the provisions of this title, contracts for the 
construction or renovation of health care facilities, 
staff quarters, and sanitation facilities, and related 
support infrastructure, funded in whole or in part 
with funds made available pursuant to this title, 
shall contain a provision requiring compliance with 
subchapter IV of chapter 31 of title 40, United 
States Code (commonly known as the ‘Davis-Bacon 
Act’), unless such construction or renovation— 
‘‘(A) is performed by a contractor pursu-
ant to a contract with an Indian Tribe or Trib-
al Organization with funds supplied through a 
contract or compact authorized by the Indian 
Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq.), or other statutory 
authority; and 
‘‘(B) is subject to prevailing wage rates for 
similar construction or renovation in the locality 
as determined by the Indian Tribes or Tribal 
Organizations to be served by the construction 
or renovation. 
‘‘(2) EXCEPTION.—This subsection shall not 
apply to construction or renovation carried out by an 
VerDate Aug 31 2005 
03:45 May 16, 2006
Jkt 049200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\H5312.IH
H5312
CCOLEMAN on PROD1PC71 with BILLS
151 
Indian Tribe or Tribal Organization with its own 
employees. 
‘‘SEC. 304. EXPENDITURE OF NONSERVICE FUNDS FOR REN-
OVATION. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, if the requirements of subsection (c) are met, 
the Secretary, acting through the Service, is authorized 
to accept any major expansion, renovation, or moderniza-
tion by any Indian Tribe or Tribal Organization of any 
Service facility or of any other Indian health facility oper-
ated pursuant to a contract or compact under the Indian 
Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.), including— 
‘‘(1) any plans or designs for such expansion, 
renovation, or modernization; and 
‘‘(2) any expansion, renovation, or moderniza-
tion for which funds appropriated under any Federal 
law were lawfully expended. 
‘‘(b) PRIORITY LIST.— 
‘‘(1) IN GENERAL.—The Secretary shall main-
tain a separate priority list to address the needs for 
increased operating expenses, personnel, or equip-
ment for such facilities. The methodology for estab-
lishing priorities shall be developed through nego-
tiated rulemaking under section 802. The list of pri-
VerDate Aug 31 2005 
03:45 May 16, 2006
Jkt 049200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6201
E:\BILLS\H5312.IH
H5312
CCOLEMAN on PROD1PC71 with BILLS
152 
ority facilities will be revised annually in consulta-
tion with Indian Tribes and Tribal Organizations. 
‘‘(2) REPORT.—The Secretary shall submit to 
the President, for inclusion in the report required to 
be transmitted to Congress under section 801, the 
priority list maintained pursuant to paragraph (1). 
‘‘(c) REQUIREMENTS.—The requirements of this sub-
section are met with respect to any expansion, renovation, 
or modernization if— 
‘‘(1) the Indian Tribe or Tribal Organization— 
‘‘(A) provides notice to the Secretary of its 
intent to expand, 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 increased operating ex-
penses, personnel, or equipment; and 
‘‘(2) the expansion, renovation, or moderniza-
tion— 
‘‘(A) is approved by the appropriate area 
director of the Service for Federal facilities; and 
‘‘(B) is administered by the Indian Tribe 
or Tribal Organization in accordance with any 
applicable regulations prescribed by the Sec-
retary with respect to construction or renova-
tion of Service facilities. 
VerDate Aug 31 2005 
03:45 May 16, 2006
Jkt 049200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6201
E:\BILLS\H5312.IH
H5312
CCOLEMAN on PROD1PC71 with BILLS