
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: 25USC450e]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
    SUBCHAPTER II--INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
 
Sec. 450e. Wage and labor standards


(a) Similar construction in locality

    All laborers and mechanics employed by contractors or subcontractors 
(excluding tribes and tribal organizations) in the construction, 
alteration, or repair, including painting or decorating of buildings or 
other facilities in connection with contracts or grants entered into 
pursuant to this subchapter, shall be paid wages at not less than those 
prevailing on similar construction in the locality, as determined by the 
Secretary of Labor in accordance with the Davis-Bacon Act of March 3, 
1931 (46 Stat. 1494), as amended [40 U.S.C. 276a et seq.]. With respect 
to construction, alteration, or repair work to which the Act of March 3, 
1921 is applicable under the terms of this section, the Secretary of 
Labor shall have the authority and functions set forth in Reorganization 
Plan Numbered 14, of 1950, and section 276c of title 40.

(b) Preference requirements for wages and grants

    Any contract, subcontract, grant, or subgrant pursuant to this 
subchapter, the Act of April 16, 1934 (48 Stat. 596), as amended [25 
U.S.C. 452 et seq.], or any other Act authorizing Federal contracts with 
or grants to Indian organizations or for the benefit of Indians, shall 
require that to the greatest extent feasible--
        (1) preferences and opportunities for training and employment in 
    connection with the administration of such contracts or grants shall 
    be given to Indians; and
        (2) preference in the award of subcontracts and subgrants in 
    connection with the administration of such contracts or grants shall 
    be given to Indian organizations and to Indian-owned economic 
    enterprises as defined in section 1452 of this title.

(c) Self-determination contracts

    Notwithstanding subsections (a) and (b) of this section, with 
respect to any self-determination contract, or portion of a self-
determination contract, that is intended to benefit one tribe, the 
tribal employment or contract preference laws adopted by such tribe 
shall govern with respect to the administration of the contract or 
portion of the contract.

(Pub. L. 93-638, Sec. 7, Jan. 4, 1975, 88 Stat. 2205; Pub. L. 103-413, 
title I, Sec. 102(3), (4), Oct. 25, 1994, 108 Stat. 4251.)

                       References in Text

    The Davis-Bacon Act, referred to in subsec. (a), 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.
    Act of March 3, 1921, referred to in subsec. (a), probably means the 
act of March 3, 1931, ch. 411, 46 Stat. 1494, as amended, known as the 
Davis Bacon Act. See note above.
    Reorganization Plan Numbered 14 of 1950, referred to in subsec. (a), 
is set out in the Appendix to Title 5, Government Organization and 
Employees.
    Act of April 16, 1934, referred to in subsec. (b), is act Apr. 16, 
1934, ch. 147, 48 Stat. 596, as amended, popularly known as the Johnson-
O'Malley Act, which is classified generally to section 452 et seq. of 
this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 452 of this title and Tables.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-413, Sec. 102(3), substituted ``or 
subcontractors (excluding tribes and tribal organizations)'' for ``of 
subcontractors''.
    Subsec. (c). Pub. L. 103-413, Sec. 102(4), added subsec. (c).

                  Section Referred to in Other Sections

    This section is referred to in sections 458aaa-15, 2012, 2508, 3307 
of this title; title 23 section 204; title 29 section 741; title 42 
section 5662.
