25 U.S.C. § 5307: Wage and labor standards

Summary

Contractors and subcontractors (not tribes or tribal groups) who hire laborers or mechanics to build, change, or repair buildings or facilities under contracts or grants here must pay workers at least the usual local wage. The Secretary of Labor decides those prevailing wages under sections 3141–3144, 3146, and 3147 of title 40. For work covered by the Act of March 3, 1921, the Secretary has the powers in Reorganization Plan No. 14 of 1950 and section 3145 of title 40. Any contract, subcontract, grant, or subgrant under this law, the Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C. 5342 et seq.), or other federal laws for Indian groups must, as much as possible, give Indians first chances for training and jobs and give subcontracts/subgrants to Indian organizations and Indian-owned businesses (see section 1452). For self-determination contracts meant to benefit one tribe, that tribe’s own hiring and contract preference rules control for that contract or part of it.

Title 25, §5307

Indians, Source: USLM XML via OLRC

(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 chapter, 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 section 3141–3144, 3146, and 3147 of title 40. 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 3145 of title 40.

(b)Preference requirements for wages and grants

Any contract, subcontract, grant, or subgrant pursuant to this chapter, the Act of April 16, 1934 (48 Stat. 596), as amended [25 U.S.C. 5342 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see

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note set out under section 5301 of this title 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, 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 section 3141–3144, 3146, and 3147 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§ 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, popularly known as the Johnson-O’Malley Act, which is classified generally to section 5342 et seq. of this title. For complete classification of this Act to the Code, see

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note set out under section 5301 of this title and Tables. Codification Section was formerly classified to section 450e of this title prior to editorial reclassification and renumbering as this section. In subsec. (a), “section 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, § 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, § 102(3), substituted “or subcontractors (excluding tribes and tribal organizations)” for “of subcontractors”. Subsec. (c). Pub. L. 103–413, § 102(4), added subsec. (c).

§5307 Wage and Labor Standards

Summary

Title 25, §5307

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Amendments

Citations & Metadata