25 U.S.C. § 4225: Treatment of program income…

Summary

Lets the Department of Hawaiian Home Lands keep any program income earned from a grant if the income came after the first grant payment and the Director agrees to use it for affordable housing under this subchapter. The Secretary cannot cut the Department’s grant just because the Department keeps program income or because of how much it keeps. The Secretary may make rules to ignore very small amounts if following the rules would be an unreasonable burden. Requires any contract for assistance, sale, or lease under this subchapter to pay at least the local prevailing wages to architects, engineers, draftsmen, technicians, maintenance workers, laborers, and mechanics working on the affordable housing. Wages for laborers and mechanics must meet rates set by the Secretary of Labor under 40 U.S.C. 3141–3144, 3146, and 3147. People who truly volunteer and get no pay or only expenses, reasonable benefits, or a nominal fee are not covered by these wage rules.

Title 25, §4225

Indians, Source: USLM XML via OLRC

(a)Program income

(1)Authority to retain (2) Prohibition of reduction of grant

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.

(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)

(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)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.

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