§4225 — Title 25 Indians | U.S. Code

Summary

The Department of Hawaiian Home Lands may keep program income from grants it gets under this subchapter if the income comes in after the first grant payment and the Director agrees to use it for affordable housing. The Secretary cannot cut the Department’s grant just because the Department kept program income or because of how much it kept. The Secretary may make rules to ignore very small amounts if tracking them would be an unreasonable administrative burden. Any contract for assistance, sale, or lease must require paying at least the local prevailing wages to architects, technical engineers, draftsmen, technicians (for development and maintenance) and to laborers and mechanics (in operation). Laborers and mechanics in development must be paid wages set by the Secretary of Labor under sections 3141–3144, 3146, and 3147 of title 40. These wage rules do not apply to volunteers who are not otherwise employed on the construction and who receive no pay or only expenses, reasonable benefits, or a nominal fee.

Title 25, §4225

Indians — Source: USLM XML via OLRC

(a)(1)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)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)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)(1)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 section 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)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.

Notes & Related Subsidiaries

Editorial Notes

Codification “section 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, § 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, § 203, and Pub. L. 106–569, § 513, enacted substantially identical section 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, § 513.

§4225 Treatment of program income and labor standards

Summary

Title 25, §4225

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata