[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR1000.16]



[Page 736]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 1000_NATIVE AMERICAN HOUSING ACTIVITIES--Table of Contents

 

                            Subpart A_General

 

Sec.  1000.16  What labor standards are applicable?



    (a) Davis-Bacon wage rates. (1) As described in section 104(b) of 

NAHASDA, contracts and agreements for assistance, sale or lease under 

NAHASDA must require prevailing wage rates determined by the Secretary 

of Labor under the Davis-Bacon Act (40 U.S.C. 276a-276a-5) to be paid to 

laborers and mechanics employed in the development of affordable 

housing.

    (2) When NAHASDA assistance is only used to assist homebuyers to 

acquire single family housing, the Davis-Bacon wage rates apply to the 

construction of the housing if there is a written agreement with the 

owner or developer of the housing that NAHASDA assistance will be used 

to assist homebuyers to buy the housing.

    (3) Prime contracts not in excess of $2000 are exempt from Davis-

Bacon wage rates.

    (b) HUD-determined wage rates. Section 104(b) also mandates that 

contracts and agreements for assistance, sale or lease under NAHASDA 

require that prevailing wages determined or adopted (subsequent to a 

determination under applicable state, tribal or local law) by HUD shall 

be paid to maintenance laborers and mechanics employed in the operation, 

and to architects, technical engineers, draftsmen and technicians 

employed in the development, of affordable housing.

    (c) Contract Work Hours and Safety Standards Act. Contracts in 

excess of $100,000 to which Davis-Bacon or HUD-determined wage rates 

apply are subject by law to the overtime provisions of the Contract Work 

Hours and Safety Standards Act (40 U.S.C. 327).

    (d) Volunteers. The requirements in 24 CFR part 70 concerning 

exemptions for the use of volunteers on projects subject to Davis-Bacon 

and HUD-determined wage rates are applicable.

    (e) Other laws and issuances. Recipients, contractors, 

subcontractors, and other participants must comply with regulations 

issued under the labor standards provisions cited in this section, other 

applicable Federal laws and regulations pertaining to labor standards, 

and HUD Handbook 1344.1 (Federal Labor Standards Compliance in Housing 

and Community Development Programs).