United States

Department of the Interior

Determination and Findings

Amendment 1 – Notice of Cancellation

FINDINGS

1. On September 8, 2005, by proclamation, under the authority at section 3147 of Title 40, United States Code (USC), the President temporarily suspended Subchapter IV of Chapter 31, Title 40, USC, the Davis-Bacon Act, for work to be performed within a limited geographic area (i.e., as identified in the proclamation) in response to the national emergency caused by Hurricane Katrina.

2. The suspension was applicable to all Federal contracts entered into as of September 8, 2005.

   
   

3. On October 27, 2005, the President indicated that effective November 8, 2005, the Davis-Bacon Act’s prevailing wage provisions would be reinstated for applicable contract and subcontract awards in the geographic area originally identified in his September 8, 2005 proclamation. The reinstatement does not apply retroactively; therefore, contracts awarded during the two-month Davis-Bacon Act suspension period are not required to be modified to incorporate Davis-Bacon Act wage provisions.

   DETERMINATION

   Based on the above, and pursuant to the authority delegated me under Part 209, Chapter 4 of the Department of the Interior Departmental Manual, effective November 8, 2005, United States Department of the Interior Determination and Findings Amendment 1 (issued on September 9, 2005), which incorporated the temporary Davis-Bacon Act suspension, and is hereby cancelled.

   /signed P.Lynn Scarlett/ 11/08/2005

   _____________________________ ____________________

   P. Lynn Scarlett Date

   Assistant Secretary – Policy,

   Management and Budget