25 U.S.C. § 4114 — Treatment of program income and labor

Page 641 TITLE 25—INDIANS § 4114 § 4114. Treatment of program income and labor standards (a) Program income (1) Authority to retain 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— (A) such income was realized after the ini- tial disbursement of the grant amounts re- ceived by the recipient; and (B) the recipient has agreed that it will utilize such income for housing related ac- tivities in accordance with this chapter. (2) Prohibition of restricted access or reduc- tion of grant The Secretary may not restrict access to or reduce the grant amount for any Indian tribe based solely on— (A) whether the recipient for the tribe re- tains program income under paragraph (1); (B) the amount of any such program in- come retained; (C) whether the recipient retains reserve amounts described in section 4140 of this title; or (D) whether the recipient has expended re- tained program income for housing-related activities. (3) Exclusion of amounts The Secretary may, by regulation, exclude from consideration as program income any amounts determined to be so small that com- pliance with the requirements of this sub- section would create an unreasonable adminis- trative burden on the recipient. (4) Exclusion from program income of regular developer’s fees for low-income housing tax credit projects 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 ini- tially 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. (b) Labor standards (1) In general 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 deter- mination 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 con- tain 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 in- volved, and the Secretary shall require certifi- cation as to compliance with the provisions of this paragraph before making any payment under such contract or agreement. (2) Exceptions Paragraph (1) and the provisions relating to wages (pursuant to paragraph (1)) in any con- tract or agreement for assistance, sale, or lease pursuant to this chapter, shall not apply to any individual who receives no compensa- tion 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. (3) Application of tribal laws Paragraph (1) shall not apply to any con- tract or agreement for assistance, sale, or lease pursuant to this chapter, if such con- tract 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. (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.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, known as the Native American Housing As- sistance and Self-Determination Act of 1996. For com- plete classification of this Act to the Code, see Short Title note set out under section 4101 of this title and Tables. CODIFICATION ‘‘Sections 3141–3144, 3146, and 3147 of title 40’’ sub- stituted in subsec. (b)(1) for ‘‘the Act of March 3, 1931 (commonly known as the Davis-Bacon Act; chapter 411; 46 Stat. 1494; 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 Build- ings, Property, and Works. AMENDMENTS 2008—Subsec. (a)(4). Pub. L. 110–411 added par. (4). 2005—Subsec. (a)(2). Pub. L. 109–136 inserted ‘‘restrict access to or’’ after ‘‘not’’ in introductory provisions. 2002—Subsec. (a)(1). Pub. L. 107–292, § 5(1)(A), sub- stituted ‘‘Notwithstanding any other provision of this chapter, a recipient’’ for ‘‘A recipient’’ in introductory provisions. Subsec. (a)(1)(B). Pub. L. 107–292, § 5(1)(B), added sub- par. (B) and struck out former subpar. (B) which read as follows: ‘‘the recipient has agreed that it will utilize the program income for affordable housing activities in accordance with the provisions of this chapter.’’ Subsec. (a)(2). Pub. L. 107–292, § 5(2)(A), inserted ‘‘re- stricted access or’’ before ‘‘reduction’’ in heading. Subsec. (a)(2)(D). Pub. L. 107–292, § 5(2)(B)–(D), added subpar. (D). 2000—Subsec. (b)(1). Pub. L. 106–568, § 1003(j)(1), and Pub. L. 106–569, § 503(i)(1), amended par. (1) identically, substituting ‘‘Act of March 3, 1931 (commonly known as Page 642 TITLE 25—INDIANS § 4115 the Davis-Bacon Act; chapter 411; 46 Stat. 1494; 40 U.S.C. 276a et seq.)’’ for ‘‘Davis-Bacon Act (40 U.S.C. 276a–276a–5)’’. Subsec. (b)(3). Pub. L. 106–568, § 1003(j)(2), and Pub. L. 106–569, § 503(i)(2), amended subsec. (b) identically, add- ing par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1997, except as otherwise ex- pressly provided, see section 107 of Pub. L. 104–330, set out as a note under section 4101 of this title. § 4115. Environmental review (a) In general (1) Release of funds In order to ensure that the policies of the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and other provisions of law that further the purposes of such Act (as speci- fied in regulations issued by the Secretary) are most effectively implemented in connec- tion with the expenditure of grant amounts provided under this chapter, and to ensure to the public undiminished protection of the en- vironment, the Secretary, in lieu of the envi- ronmental protection procedures otherwise ap- plicable, may by regulation provide for the re- lease of amounts for particular projects to tribes which assume all of the responsibilities for environmental review, decisionmaking, and action pursuant to such Act, and such other provisions of law as the regulations of the Secretary specify, that would apply to the Secretary were the Secretary to undertake such projects as Federal projects. (2) Regulations (A) In general The Secretary shall issue regulations to carry out this section only after consulta- tion with the Council on Environmental Quality. (B) Contents The regulations issued under this para- graph shall— (i) provide for the monitoring of the en- vironmental reviews performed under this section; (ii) in the discretion of the Secretary, fa- cilitate training for the performance of such reviews; and (iii) provide for the suspension or termi- nation of the assumption of responsibil- ities under this section. (3) Effect on assumed responsibility The duty of the Secretary under paragraph (2)(B) shall not be construed to limit or reduce any responsibility assumed by a recipient of grant amounts with respect to any particular release of funds. (b) Procedure The Secretary shall approve the release of funds subject to the procedures authorized by this section only if, not less than 15 days prior to such approval and prior to any commitment of funds to such projects, the tribe has sub- mitted to the Secretary a request for such re- lease accompanied by a certification that meets the requirements of subsection (c). The approval of the Secretary of any such certification shall be deemed to satisfy the responsibilities of the Secretary under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and such other provisions of law as the regulations of the Secretary specify insofar as those respon- sibilities relate to the releases of funds for projects to be carried out pursuant thereto that are covered by such certification. (c) Certification A certification under the procedures author- ized by this section shall— (1) be in a form acceptable to the Secretary; (2) be executed by the chief executive officer or other officer of the tribe under this chapter qualified under regulations of the Secretary; (3) specify that the tribe has fully carried out its responsibilities as described under sub- section (a); and (4) specify that the certifying officer— (A) consents to assume the status of a re- sponsible Federal official under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and each provision of law speci- fied in regulations issued by the Secretary insofar as the provisions of such Act or such other provisions of law apply pursuant to subsection (a); and (B) is authorized and consents on behalf of the tribe and such officer to accept the juris- diction of the Federal courts for the purpose of enforcement of the responsibilities of the certifying officer as such an official. (d) Environmental compliance The Secretary may waive the requirements under this section if the Secretary determines that a failure on the part of a recipient to com- ply with provisions of this section— (1) will not frustrate the goals of the Na- tional Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] or any other provision of law that furthers the goals of that Act; (2) does not threaten the health or safety of the community involved by posing an imme- diate or long-term hazard to residents of that community; (3) is a result of inadvertent error, including an incorrect or incomplete certification pro- vided under subsection (c)(1); and (4) may be corrected through the sole action of the recipient. (Pub. L. 104–330, title I, § 105, Oct. 26, 1996, 110 Stat. 4028; Pub. L. 106–568, title X, § 1003(d), Dec. 27, 2000, 114 Stat. 2926; Pub. L. 106–569, title V, § 503(d), Dec. 27, 2000, 114 Stat. 2962.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chap- ter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. This chapter, referred to in subsecs. (a)(1) and (c)(2), was in the original ‘‘this Act’’, meaning Pub. L. 104–330,