25 U.S.C. § 47 Employment of Indian Labor and Purchase of Products of Indian Industry; Participation In Mentor-Protege Program

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 25 U.S.C. § 47

(a) Definitions

In this section:

(1) Indian economic enterprise

The term "Indian economic enterprise" has the meaning given the term in section 1480.201 of title 48, Code of Federal Regulations (or successor regulations).

(2) Mentor firm; protege firm

The terms "mentor firm" and "protege firm" have the meanings given those terms in section 4902(c) of title 10.

(3) Secretaries

The term "Secretaries" means-

(A) the Secretary of the Interior; and

(B) the Secretary of Health and Human Services.

(b) Enterprise Development

(1) In general

Unless determined by one of the Secretaries to be impracticable and unreasonable-

(A) Indian labor shall be employed; and

(B) purchases of Indian industry products (including printing and facilities construction, notwithstanding any other provision of law) may be made in open market by the Secretaries.

(2) Mentor-protege program

(A) In general

Participation in the Mentor-Protege Program established under section 831(a) of the National Defense Authorization Act for Fiscal Year 1991 ( 10 U.S.C. 2302 note; Public Law 101-510) or receipt of assistance under a developmental assistance agreement under that program shall not render any individual or entity involved in the provision of Indian labor or an Indian industry product ineligible to receive assistance under this section.

(B) Treatment

For purposes of this section, no determination of affiliation or control (whether direct or indirect) may be found between a protege firm and a mentor firm on the basis that the mentor firm has provided, or agreed to provide, to the protege firm, pursuant to a mentor-protege agreement, any form of developmental assistance described in section 831(f) of the National Defense Authorization Act for Fiscal Year 1991 ( 10 U.S.C. 2302 note; Public Law 101-510).

(c) Implementation

In carrying out this section, the Secretaries shall-

(1) conduct outreach to Indian industrial entities;

(2) provide training;

(3) promulgate regulations in accordance with this section and with the regulations under part 1480 of title 48, Code of Federal Regulations (or successor regulations), to harmonize the procurement procedures of the Department of the Interior and the Department of Health and Human Services, to the maximum extent practicable;

(4) require regional offices of the Bureau of Indian Affairs and the Indian Health Service to aggregate data regarding compliance with this section;

(5) require procurement management reviews by their respective Departments to include a review of the implementation of this section; and