[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: 24CFR70.4]

[Page 414]
 
                 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. 70.4  Procedure for implementing prevailing wage exemptions for volunteers.

    (a) This section applies to those HUD programs for which there is a 
statutory exemption for volunteers, as referenced in Sec. 70.1(a).
    (b) Local or State agencies or private parties whose employees are 
otherwise subject to Davis-Bacon or HUD-determined prevailing wage rates 
which propose to use volunteers and wish to pay the volunteers' 
expenses, reasonable benefits, or nominal fees shall request a 
determination from HUD that these payments meet the criteria in 
Sec. 70.3(b). A written determination shall be provided to the requester 
by the Department within ten days of receipt by the Department of 
sufficient information to allow for the determination.
    (c) A determination under paragraph (b) shall not be construed in 
any way as limiting the use of bona fide volunteers on HUD-assisted 
construction, but rather is required to ensure that the Department 
performs its appropriate responsibilities under Reorganization Plan No. 
14 of 1950 and related Department of Labor Regulations in title 29 CFR 
part 5, regarding the administration and enforcement of the Davis-Bacon 
and Related Acts, and its responsibility for the administration and 
enforcement of HUD-determined or adopted wage rates in the operation of 
public housing assisted under the United States Housing Act of 1937.
    (d) For a project covered by prevailing wage rate requirements in 
which all the work is to be done by volunteers and there are no paid 
construction employees, the local or State funding agency (or, if none, 
the entity that employs the volunteers) shall record in the pertinent 
project file the name and address of the agency sponsoring the project, 
a description of the project (location, cost, nature of the work), and 
the number of volunteers and the hours of work they performed. The 
entity responsible for recording this information shall also provide a 
copy of this information to HUD.
    (e) For a project covered by prevailing wage rate requirements in 
which there is to be a mix of paid workers and volunteers, the local or 
State funding agency (or, if none, the entity responsible for generating 
certified payrolls) shall provide HUD the information in paragraph (d) 
of this section, along with the names of the volunteers.
    (f) Volunteers who receive no expenses, benefits or fees described 
in (c) and are otherwise bona fide shall be recorded as in (d) or (e).

[[Page 415]]