
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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

        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 the 
        program income for affordable housing activities in accordance 
        with the provisions of this chapter.

                (2) Prohibition of 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; or
            (C) whether the recipient retains reserve amounts described 
        in section 4140 of this title.

                      (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 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.), 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.)

                       References in Text

    The Davis-Bacon Act, referred to in subsec. (b)(1), is act Mar. 3, 
1931, ch. 411, 46 Stat. 1494, as amended, which is classified generally 
to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and 
Works. For complete classification of this Act to the Code, see Short 
Title note set out under section 276a of Title 40 and Tables.


                               Amendments

    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.
