[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR70.1]

[Page 412-413]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 70--USE OF VOLUNTEERS ON PROJECTS SUBJECT TO DAVIS-BACON AND HUD-DETERMINED WAGE RATES--Table of Contents
 
Sec. 70.1  Purpose and authority.

    (a) This part implements section 955 of the National Affordable 
Housing Act (NAHA), which provides an exemption from the requirement to 
pay prevailing wage rates determined under the Davis-Bacon Act or (in 
the case of laborers and mechanics employed in the operation of public 
housing projects, and architects, technical engineers, draftsmen and 
technicians employed in the development of public housing projects) 
determined or adopted by HUD, for volunteers employed on projects that 
are subject to prevailing wage rates under Title I of the Housing and 
Community Development Act of 1974 (including Community Development Block 
Grants, section 108 loan guarantees, and Urban Development Action 
Grants), under section 12 of the

[[Page 413]]

United States Housing Act of 1937 (public housing development and 
operation and section 8 projects), and under section 202 of the Housing 
Act of 1959 for elderly and handicapped housing projects prior to the 
effective date of the amendment of section 202 by section 801 of NAHA. 
This part also implements other provisions that provide an exemption for 
volunteers, including section 286 of NAHA (the HOME program), section 
202 of the House Act of 1959, as amended by NAHA (supportive housing for 
the elderly), and any later-enacted exemptions.
    (b) This part is also applicable to all HUD programs for which there 
is a statutory provision allowing HUD to waive Davis-Bacon wage rates 
for volunteers that are not otherwise employed at any time on the work 
for which the individual volunteers. These programs include section 811 
of NAHA (supportive housing for persons with disabilities), FHA mortgage 
insurance programs under sections 221(d)(3) and (d)(4) (each with 
respect to cooperative housing projects only), 221(h)(1) (but only where 
a nonprofit organization undertakes the construction), 235(j)(1) (but 
only where a nonprofit organization undertakes the construction), 231, 
232, 236 and 242 of the National Housing Act, rehabilitation under 
section 312 of the Housing Act of 1964 and college housing under section 
402 of the Housing Act of 1950.
    (c) This part provides definitions and procedures for determining 
allowable payments to volunteers, determining who is a bona fide 
volunteer, and otherwise implementing exemptions from and waivers of 
prevailing wage requirements where volunteers are employed.