§ 450e. — Wage 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: 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 sections 3141-3144, 3146, and 3147
of title 40. With respect to construction, alteration, or repair work to
which the Act of March 3, 1921 \1\ 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 3145
of title 40.
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\1\ See References in Text note below.
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(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
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, which was classified generally to sections 276a to
276a-5 of former Title 40, Public Buildings, Property, and Works, and
was repealed and reenacted as sections 3141-3144, 3146, and 3147 of
Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217,
Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304.
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.
Codification
In subsec. (a), ``sections 3141-3144, 3146, and 3147 of title 40''
substituted for ``the Davis-Bacon Act of March 3, 1931 (46 Stat. 1494),
as amended'' and ``section 3145 of title 40'' substituted for ``section
2 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C. 276c)'' 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
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, 2507, 3307
of this title; title 23 section 204; title 29 section 741.
