
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC4225]

 
                            TITLE 25--INDIANS
 
  CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
 
        SUBCHAPTER VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
 
Sec. 4225. Treatment of program income and labor standards


(a) Program income

                       (1) Authority to retain

        The Department of Hawaiian Home Lands may retain any program 
    income that is realized from any grant amounts received by the 
    Department under this subchapter if--
            (A) that income was realized after the initial disbursement 
        of the grant amounts received by the Department; and
            (B) the Director agrees to use the program income for 
        affordable housing activities in accordance with the provisions 
        of this subchapter.

                (2) Prohibition of reduction of grant

        The Secretary may not reduce the grant amount for the Department 
    of Hawaiian Home Lands based solely on--
            (A) whether the Department retains program income under 
        paragraph (1); or
            (B) the amount of any such program income retained.

                      (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 Department.

(b) Labor standards

                           (1) In general

        Any contract or agreement for assistance, sale, or lease 
    pursuant to this subchapter shall contain--
            (A) a provision requiring that an amount not less than the 
        wages prevailing in the locality, as determined or adopted 
        (subsequent to a determination under applicable State or local 
        law) by the Secretary, shall be paid to all architects, 
        technical engineers, draftsmen, technicians employed in the 
        development and all maintenance, and laborers and mechanics 
        employed in the operation, of the affordable housing project 
        involved; and
            (B) a provision that an amount not less than the wages 
        prevailing in the locality, as predetermined by the Secretary of 
        Labor pursuant to the Act commonly known as the ``Davis-Bacon 
        Act'' (46 Stat. 1494; chapter 411; 40 U.S.C. 276a et seq.) shall 
        be paid to all laborers and mechanics employed in the 
        development of the affordable housing involved.

                           (2) Exceptions

        Paragraph (1) and provisions relating to wages required under 
    paragraph (1) in any contract or agreement for assistance, sale, or 
    lease under this subchapter, shall not apply to any individual who 
    performs the services for which the individual volunteered and who 
    is not otherwise employed at any time in the construction work and 
    received no compensation or is paid expenses, reasonable benefits, 
    or a nominal fee for those services.

(Pub. L. 104-330, title VIII, Sec. 805, as added Pub. L. 106-568, title 
II, Sec. 203, Dec. 27, 2000, 114 Stat. 2883, and Pub. L. 106-569, title 
V, Sec. 513, Dec. 27, 2000, 114 Stat. 2976.)

                       References in Text

    The Davis-Bacon Act, referred to in subsec. (b)(1)(B), 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.

                          Codification

    Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted 
substantially identical sections 805 of Pub. L. 104-330. This section is 
based on the text of section 805 of Pub. L. 104-330, as added by Pub. L. 
106-569, Sec. 513.
