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24 CFR Part 70 implements section 955 of the National Affordable Housing Act which provides for an <br />exemption from the requirement to pay prevailing wage rates for volunteers utilized on projects funded by <br />the Community Development Block Grant programs. <br />Volunteers are defined as individuals who perform service for a public or private entity for civic, charitable, <br />or humanitarian reasons, without promise, expectation, or receipt of compensation for services rendered, <br />on a HUD -assisted or insured project which is subject to a requirement to pay prevailing wage rates. <br />Individuals shall be considered volunteers only when their services are offered freely and without <br />pressure and coercion, direct or implied from an employer. <br />An individual shall not be considered a volunteer if the individual is otherwise employed at anytime in the <br />construction or maintenance work for which the individual volunteers. <br />24 CFR Part 70.4 has established procedures for implementing prevailing wage exemptions for <br />volunteers. The procedures include: <br />a. Local or State agencies or private parties whose employees are otherwise subject to Davis -Bacon <br />or HUD -determined prevailing wage rates which propose to use volunteers and wish to pay the <br />volunteer's expenses, reasonable benefits, or nominal fees shall request a determination from HUD <br />that these payments meet the criteria established by HUD. A written determination shall be <br />provided to the requester by the Department within ten days of receipt by the Department of <br />sufficient information to allow for the determination. <br />b. A de -termination under paragraph (a) shall not be construed in any way as limiting the use of bona <br />fide volunteers on HUD -assisted construction, but rather is required to ensure that the Department <br />performs its appropriate responsibilities under Reorganization Plan No. 14 of 1950 and related <br />Department of Labor Regulations in title 29 CFR part 5, regarding the administration and <br />enforcement of the Davis -Bacon and related Acts, and its responsibility for the administration and <br />enforcement of HUD -determined or adopted wage rates in the operation of public housing assisted <br />under the United States Housing Act of 1937. <br />C. For a project covered by prevailing wage rate requirements in which all the work is to be done by <br />volunteers and there are no paid construction employees, the local or State funding agency (or, if <br />none, the entity that employs the volunteers) shall record in the pertinent project file the name and <br />address of the agency sponsoring the project, a description of the project (location, cost, nature of <br />the work), and the number of volunteers and the hours of work they performed. The entity <br />responsible for recording this information shall also provide a copy of this information to the City for <br />forwarding to HUD. <br />d. For a project covered by prevailing wage rate requirements in which there is to be a mix of paid <br />workers and volunteers, the local or State funding agency (or, if none, the entity responsible for <br />generating certified payrolls) shall provide HUD the information in paragraph (c) of this section, <br />along with the names of the volunteers. <br />e. Volunteers who receive no expenses, benefits or fees described in (b) and are otherwise bona fide <br />sha;l be recorded as in (c) or (d). <br />34 <br />