§ 4114. — Treatment of program income and labor standards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC4114]
TITLE 25--INDIANS
CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
SUBCHAPTER I--BLOCK GRANTS AND GRANT REQUIREMENTS
Sec. 4114. Treatment of program income and labor standards
(a) Program income
(1) Authority to retain
Notwithstanding any other provision of this chapter, a recipient
may retain any program income that is realized from any grant
amounts under this chapter if--
(A) such income was realized after the initial disbursement
of the grant amounts received by the recipient; and
(B) the recipient has agreed that it will utilize such
income for housing related activities in accordance with this
chapter.
(2) Prohibition of restricted access or reduction of grant
The Secretary may not reduce the grant amount for any Indian
tribe based solely on--
(A) whether the recipient for the tribe retains program
income under paragraph (1);
(B) the amount of any such program income retained;
(C) whether the recipient retains reserve amounts described
in section 4140 of this title; or
(D) whether the recipient has expended retained program
income for housing-related activities.
(3) Exclusion of amounts
The Secretary may, by regulation, exclude from consideration as
program income any amounts determined to be so small that compliance
with the requirements of this subsection would create an
unreasonable administrative burden on the recipient.
(b) Labor standards
(1) In general
Any contract or agreement for assistance, sale, or lease
pursuant to this chapter shall contain a provision requiring that
not less than the wages prevailing in the locality, as determined or
adopted (subsequent to a determination under applicable State,
tribal, or local law) by the Secretary, shall be paid to all
architects, technical engineers, draftsmen, and technicians employed
in the development, and all maintenance laborers and mechanics
employed in the operation, of the affordable housing project
involved; and shall also contain a provision that not less than the
wages prevailing in the locality, as predetermined by the Secretary
of Labor pursuant to sections 3141-3144, 3146, and 3147 of title 40,
shall be paid to all laborers and mechanics employed in the
development of the affordable housing involved, and the Secretary
shall require certification as to compliance with the provisions of
this paragraph before making any payment under such contract or
agreement.
(2) Exceptions
Paragraph (1) and the provisions relating to wages (pursuant to
paragraph (1)) in any contract or agreement for assistance, sale, or
lease pursuant to this chapter, shall not apply to any individual
who receives no compensation or is paid expenses, reasonable
benefits, or a nominal fee to perform the services for which the
individual volunteered and who is not otherwise employed at any time
in the construction work.
(3) Application of tribal laws
Paragraph (1) shall not apply to any contract or agreement for
assistance, sale, or lease pursuant to this chapter, if such
contract or agreement is otherwise covered by one or more laws or
regulations adopted by an Indian tribe that requires the payment of
not less than prevailing wages, as determined by the Indian tribe.
(Pub. L. 104-330, title I, Sec. 104, Oct. 26, 1996, 110 Stat. 4027; Pub.
L. 106-568, title X, Sec. 1003(j), Dec. 27, 2000, 114 Stat. 2930; Pub.
L. 106-569, title V, Sec. 503(i), Dec. 27, 2000, 114 Stat. 2965; Pub. L.
107-292, Sec. 5, Nov. 13, 2002, 116 Stat. 2054.)
Codification
``Sections 3141-3144, 3146, and 3147 of title 40'' substituted in
subsec. (b)(1) for ``the Act of March 3, 1931 (commonly known as the
Davis-Bacon Act; chapter 411; 46 Stat. 1494; 40 U.S.C. 276a et seq.)''
on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.
1303, the first section of which enacted Title 40, Public Buildings,
Property, and Works.
Amendments
2002--Subsec. (a)(1). Pub. L. 107-292, Sec. 5(1)(A), substituted
``Notwithstanding any other provision of this chapter, a recipient'' for
``A recipient'' in introductory provisions.
Subsec. (a)(1)(B). Pub. L. 107-292, Sec. 5(1)(B), added subpar. (B)
and struck out former subpar. (B) which read as follows: ``the recipient
has agreed that it will utilize the program income for affordable
housing activities in accordance with the provisions of this chapter.''
Subsec. (a)(2). Pub. L. 107-292, Sec. 5(2)(A), inserted ``restricted
access or'' before ``reduction'' in heading.
Subsec. (a)(2)(D). Pub. L. 107-292, Sec. 5(2)(B)-(D), added subpar.
(D).
2000--Subsec. (b)(1). Pub. L. 106-568, Sec. 1003(j)(1), and Pub. L.
106-569, Sec. 503(i)(1), amended par. (1) identically, substituting
``Act of March 3, 1931 (commonly known as the Davis-Bacon Act; chapter
411; 46 Stat. 1494; 40 U.S.C. 276a et seq.)'' for ``Davis-Bacon Act (40
U.S.C. 276a-276a-5)''.
Subsec. (b)(3). Pub. L. 106-568, Sec. 1003(j)(2), and Pub. L. 106-
569, Sec. 503(i)(2), amended subsec. (b) identically, adding par. (3).
Effective Date
Section effective Oct. 1, 1997, except as otherwise expressly
provided, see section 107 of Pub. L. 104-330, set out as a note under
section 4101 of this title.
