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Code · BILL · 115th Congress · H.R. 4506 (Reported in House) — To provide incentives to encourage tribal job creation and economic activity, and for other purposes. · Sec. 103

Sec. 103. Buy Indian Act

380 words·~2 min read·/bill/115/hr/4506/rh/section-103

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Section 23 of the Act of June 25, 1910 (commonly known as the Buy Indian Act ) (36 Stat. 861, chapter 431; 25 U.S.C. 47 ), is amended to read as follows: In this section: 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). The terms mentor firm and protege firm have the meanings given those terms in section 831(c) of the National Defense Authorization Act for Fiscal Year 1991 ( 10 U.S.C. 2302 note;
Public Law 101–510 ). The term Secretaries means— the Secretary of the Interior; and the Secretary of Health and Human Services. Unless determined by one of the Secretaries to be impracticable and unreasonable— Indian labor shall be employed; and 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. 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. 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 ). In carrying out this section, the Secretaries shall— conduct outreach to Indian industrial entities; provide training; 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; and require procurement management reviews by their respective Departments to include a review of the implementation of this section. .
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