Page 149 TITLE 25—INDIANS § 450e–2

1See References in Text note below.

§ 450e. Wage and labor standards

(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 subchapter, 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 the DavisBacon Act of March 3, 1931 (46 Stat. 1494), as

amended [40 U.S.C. 276a et seq.]. 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 276c of title 40.

(b) Preference requirements for wages and

grants

Any contract, subcontract, grant, or subgrant

pursuant to this subchapter, the Act of April 16,

1934 (48 Stat. 596), as amended [25 U.S.C. 452 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 Indianowned 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.

(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.)

REFERENCES IN TEXT

The Davis-Bacon Act, referred to in subsec. (a), is act

Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which is

classified generally to sections 276a to 276a–5 of Title

40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short

Title note set out under section 276a of Title 40 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, as amended, known as the Davis Bacon Act. See

note above.

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, as amended, popularly

known as the Johnson-O’Malley Act, which is classified

generally to section 452 et seq. of this title. For complete classification of this Act to the Code, see Short

Title note set out under section 452 of this title and

Tables.

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).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2012, 2508, 3307

of this title; title 23 section 204; title 29 section 750;

title 42 section 5662.

§ 450e–1. Grant and cooperative agreements

The provisions of this subchapter shall not be

subject to the requirements of chapter 63 of title

31: Provided, That a grant agreement or a cooperative agreement may be utilized in lieu of a

contract under sections 450f and 450g 1 of this

title when mutually agreed to by the appropriate Secretary and the tribal organization involved.

(Pub. L. 93–638, §9, as added Pub. L. 98–250, §1,

Apr. 3, 1984, 98 Stat. 118; amended Pub. L.

101–301, §2(a)(5), May 24, 1990, 104 Stat. 206.)

REFERENCES IN TEXT

Section 450g of this title, referred to in text, was in

the original ‘‘section 103 of this Act’’, meaning section

103 of Pub. L. 93–638, the Indian Self-Determination

Act. Section 103(a) and (b) and the first sentence of section 103(c) of Pub. L. 93–638, were repealed, and the remainder of section 103(c) of Pub. L. 93–638, was redesignated as section 102(d) of Pub. L. 93–638 (section 450f(d)

of this title), by Pub. L. 100–472, title II, §201(b)(1), Oct.

5, 1988, 102 Stat. 2289. Section 104 of Pub. L. 93–638 was

renumbered as section 103 of Pub. L. 93–638 by section

202(a) of Pub. L. 100–472, and is classified to section 450h

of this title.

AMENDMENTS

1990—Pub. L. 101–301 substituted ‘‘chapter 63 of title

31’’ for ‘‘the Federal Grant and Cooperative Agreement

Act of 1977 (Pub. L. 95–224; 92 Stat. 3)’’.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 450b of this title.

§ 450e–2. Use of excess funds

Beginning in fiscal year 1998 and thereafter,

where the actual costs of construction projects

under self-determination contracts, compacts,

or grants, pursuant to Public Laws 93–638,

103–413, or 100–297, are less than the estimated

costs thereof, use of the resulting excess funds

shall be determined by the appropriate Secretary after consultation with the tribes.

(Pub. L. 105–83, title III, §310, Nov. 14, 1997, 111

Stat. 1590.)

REFERENCES IN TEXT

Public Law 93–638, referred to in text, is Pub. L.

93–638, Jan. 4, 1975, 88 Stat. 2203, as amended, known as

the Indian Self-Determination and Education Assistance Act, which is classified principally to this subchapter (§450 et seq.). For complete classification of

this Act to the Code, see Short Title note set out under

section 450 of this title and Tables.