25 U.S.C. § 4114 — Treatment of program income and labor standards
submitted 30 years ago by Pub. L. 104-330 to r/title-25-INDIANS · 555 words · no verdicts yet
Recipients may keep certain grant income for housing-related activities, and the Secretary may not penalize tribes based only on specified income or reserve decisions. Assistance agreements generally must require prevailing wages, with volunteer and tribal-law exceptions.
(a)(1) A recipient may keep program income* from a grant if it arose after the first grant payment and the recipient agreed to use it for housing-related activities under this chapter. (2) The Secretary* may not restrict access to or reduce a tribe’s grant solely because the recipient keeps such income, because of its amount, because the recipient keeps section 4140 reserves, or because it spent the income on housing activities. (3) Regulations may exclude amounts so small that compliance would create an unreasonable administrative burden. (4) A regular, customary developer fee for a project receiving a section 42 tax credit and initially funded by this chapter is not program income if the State* housing credit agency approves the fee. (b)(1) Every assistance, sale, or lease contract under this chapter must require at least locally prevailing wages, as determined or adopted by the Secretary after a determination under applicable State, tribal, or local law, for architects, technical engineers, draftsmen, technicians, maintenance laborers, and mechanics involved in developing or operating the project. It must also require at least locally prevailing wages predetermined by the Labor Secretary under the listed title 40 sections for laborers and mechanics developing the housing. The Secretary must require compliance certification before payment. (2) These requirements do not apply to a volunteer who receives no compensation, or only expenses, reasonable benefits, or a nominal fee, and is not otherwise employed in the construction work. (3) They do not apply when tribal law or regulation otherwise covers the agreement and requires prevailing wages determined by the tribe.
Notwithstanding any other provision of this chapter, a recipient may retain any program income that is realized from any grant amounts under this chapter if—
such income was realized after the initial disbursement of the grant amounts received by the recipient; and
the recipient has agreed that it will utilize such income for housing related activities in accordance with this chapter.
The Secretary* may not restrict access to or reduce the grant amount for any Indian tribe* based solely on—
whether the recipient for the tribe retains program income under paragraph (1);
the amount of any such program income retained;
whether the recipient retains reserve amounts described in section 4140 of this title; or
whether the recipient has expended retained program income for housing-related activities.
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 recipient.
Notwithstanding any other provision of this chapter, any income derived from a regular and customary developer’s fee for any project that receives a low-income housing tax credit under section 42 of title 26, and that is initially funded using a grant provided under this chapter, shall not be considered to be program income if the developer’s fee is approved by the State* housing credit agency.
Any contract or agreement for assistance, sale, or lease pursuant to this chapter shall contain a provision requiring that not less than the wages prevailing in the locality, as determined or adopted (subsequent to a determination under applicable State, tribal, or local law) by the Secretary, shall be paid to all architects, technical engineers, draftsmen, and technicians employed in the development, and all maintenance laborers and mechanics employed in the operation, of the affordable housing* project involved; and shall also contain a provision that not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to sections 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, and the Secretary shall require certification as to compliance with the provisions of this paragraph before making any payment under such contract or agreement.
Paragraph (1) and the provisions relating to wages (pursuant to paragraph (1)) in any contract or agreement for assistance, sale, or lease pursuant to this chapter, shall not apply to any individual who receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered and who is not otherwise employed at any time in the construction work.
Paragraph (1) shall not apply to any contract or agreement for assistance, sale, or lease pursuant to this chapter, if such contract or agreement is otherwise covered by one or more laws or regulations adopted by an Indian* tribe that requires the payment of not less than prevailing wages, as determined by the Indian tribe.
Source credit: (Pub. L. 104–330, title I, § 104, Oct. 26, 1996, 110 Stat. 4027; Pub. L. 106–568, title X, § 1003(j), Dec. 27, 2000, 114 Stat. 2930; Pub. L. 106–569, title V, § 503(i), Dec. 27, 2000, 114 Stat. 2965; Pub. L. 107–292, § 5, Nov. 13, 2002, 116 Stat. 2054; Pub. L. 109–136, § 3, Dec. 22, 2005, 119 Stat. 2644; Pub. L. 110–411, title I, § 104, Oct. 14, 2008, 122 Stat. 4323.)
- 1996Enacted · Pub. L. 104-330 · 110 Stat. 4027
- 2000Amended · Pub. L. 106-568 · 114 Stat. 2930
- 2000Amended · Pub. L. 106-569 · 114 Stat. 2965
- 2002Amended · Pub. L. 107-292 · 116 Stat. 2054
- 2005Amended · Pub. L. 109-136 · 119 Stat. 2644
- 2008Amended · Pub. L. 110-411 · 122 Stat. 4323
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-330 on 1996-10-26.
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