25 U.S.C. § 1633 — Preferences to Indians and Indian firms

(a) Discretionary authority; covered activities The Secretary, acting through the Service, may use 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 under section 1631 of this title and in the construction of safe water and sanitary waste disposal facilities under section 1632 of this title . Such preference may be accorded by the Secretary unless he finds, under 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, must consider whether the Indian or Indian firm will be deficient about (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 must 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 under this subchapter are not less than the prevailing local wage rates for similar work as determined under sections 3141–3144, 3146, and 3147 of title 40.