§ 4225. — 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: 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 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.
(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.)
Codification
``Sections 3141-3144, 3146, and 3147 of title 40'' substituted in
subsec. (b)(1)(B) for ``the Act commonly known as the `Davis-Bacon Act'
(46 Stat. 1494; chapter 411; 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.
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.
