Page:United States Statutes at Large Volume 110 Part 6.djvu/206

 110 STAT. 4028 PUBLIC LAW 104-330—OCT. 26, 1996 (2) PROHIBITION OF REDUCTION OF GRANT.— The Secretary may not reduce the grant amount for any Indian tribe based solely on— (A) whether the recipient for the tribe retains program income under paragraph (1); (B) the amount of any such program income retained; or (C) whether the recipient retains reserve amounts described in section 210. (3) EXCLUSION OF AMOUNTS.—The Secretary may, by regulation, exclude from consideration as program income any amounts determined to be so small that compliance with the requirements of this subsection would create an unreasonable administrative burden on the recipient. (b) LABOR STANDARDS.— Contracts. (1) IN GENERAL.— Any contract or agreement for assistance. Certification. gale, or lease pursuant to this Act shall contain a provision requiring that not less than the wages prevailing in the locality, as determined or adopted (subsequent to a determination 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 £iIso contain a provision that not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to the Davis- Bacon Act (40 U.S.C. 276a-276a-5), shall be paid to all laborers and mechanics employed in the development of the affordable housing involved, and the Secretary shall require certification 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 contract or agreement for assistance, sale, or lease pursuant to this Act, shall not apply to any individual who receives no compensation 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. 25 USC 4115. SEC. 105. ENVIRONMENTAL REVIEW. (a) IN GENERAL.— (1) RELEASE OF FUNDS.— In order to ensure that the policies of the National Environmental Policy Act of 1969 and other provisions of law that further the purposes of such Act (as specified in regulations issued by the Secretary) are most effectively implemented in connection with the expenditure of grant amounts provided under this Act, and to ensure to the public undiminished protection of the environment, the Secretary, in lieu of the environmental protection procedures otherwise applicable, may by regulation provide for the release 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 undertedte such projects as Federal projects.

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