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

submitted 51 years ago by Pub. L. 93-638 to r/title-25-INDIANS · 313 words · no verdicts yet

in plain englishAI-generated · not legal advice

Covered construction laborers and mechanics generally must receive at least the locally prevailing wage, excluding tribes and tribal organizations. Covered contracts and grants must favor Indians in training and employment and favor Indian organizations and Indian-owned enterprises in subawards, with a special rule for one-tribe self-determination contracts.

(a) Similar construction in locality

Laborers and mechanics employed by contractors or subcontractors, excluding tribes and tribal organizations, on construction, alteration, or repair, including painting or decorating, of buildings or facilities connected with chapter contracts or grants must be paid at least the wage prevailing for similar local construction. The Secretary of Labor determines it under title 40 sections 3141–3144, 3146, and 3147. For work covered by the Act of March 3, 1921 under this section, the Secretary has the authority and functions in Reorganization Plan 14 of 1950 and section 3145 of title 40.

(b) Preferences

Every covered contract, subcontract, grant, or subgrant under this chapter, the amended Act of April 16, 1934, or another law authorizing Federal contracts or grants to Indian organizations or for Indians must require, as far as feasible: (1) preferences and training and employment opportunities connected with administration for Indians; and (2) preference in related subcontracts and subgrants for Indian organizations and Indian-owned economic enterprises as defined in section 1452. This section does not define “Indian-owned economic enterprise.”

(c) Self-determination contracts

Despite (a) and (b), for a self-determination contract or part intended to benefit one tribe, that tribe’s employment or contract-preference laws govern administration.

the actual law source: uscode.house.gov ↗public domain
(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 sections 3141–3144, 3146, and 3147 of title 40. With respect to construction, alteration, or repair work to which the Act of March 3, 19211 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.

Source credit: (Pub. L. 93–638, § 7, Jan. 4, 1975, 88 Stat. 2205; Pub. L. 103–413, title I, § 102(3), (4), Oct. 25, 1994, 108 Stat. 4251.)

history & why it existsrecord from the source credit
  • 1975Enacted · Pub. L. 93-638 · 88 Stat. 2205
  • 1994Amended · Pub. L. 103-413 · 108 Stat. 4251

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-638 on 1975-01-04.

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