Exhibit 1, Director's Order No. 98

1. Definitions for "Construction," "Contract," and "Public Building or Public Work," as Contained in the Department of Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Title 29, Subpart 5.2, Code of Federal Regulations).

A. "Construction, prosecution, completion, or repair" mean the following:

(1) All types of work done on a particular building or work at the site thereof, including work at a facility which is dedicated to and deemed a part of the site of the work within the meaning of section 5.2(1) of this part by laborers and mechanics employed by a construction contractor or construction subcontractor (or, under the United States Housing Act of 1937 and the Housing Act of 1949, all work done in the construction or development of the project), including without limitation:
(i) Altering, remodeling, installation (where appropriate) on the site of the work of items fabricated off-site;
(ii) Painting and decorating;
(iii) Manufacturing or furnishing of materials, articles, supplies or equipment on the site of the building or work (or, under the United States Housing Act of 1937 and the Housing Act of 1949, in the construction or development of the project); and
(iv) Transportation between the actual construction location and a facility which is dedicated to such construction and deemed a part of the site of the work within the meaning of 5.2(l) of this part.
(2) Except for laborers and mechanics employed in the construction or development of the project under the United States Housing Act of 1937 and the Housing Act of 1949, and except as provided in paragraph (j)(l)(iv) of this section, the transportation of materials or supplies to or from the building or work by employees of the construction contractor or a construction subcontractor is not "construction."

B. "Contract" means any prime contract which is subject wholly or in part to the labor standard provisions of any of the acts listed in 5.1 and any subcontract of any tier thereunder, let under the prime contract. A State or local Government is not regarded as a contractor under statutes providing loans, grants, or other Federal assistance in situations where construction is performed by its own employees. However, under statutes requiring payment of prevailing wages to all laborers and mechanics employed on the assisted project, such as the U.S. Housing Act of 1937, State and local recipients of Federal-aid must pay these employees according to Davis-Bacon Act labor standards.

C. "Public building or public work" includes building or work, the construction, prosecution, completion, or repair of which, as defined above, is carried on directly by authority of or with funds of a Federal agency to serve the interest of the general public regardless of whether title thereof is in a Federal agency.

2. Definition of "Volunteer Services" for Work in Connection with Public Buildings, Property, and Public Works (40 U.S.C. 276d-1).

(a) In general

The requirement that certain laborers and mechanics be paid in accordance with the wage-setting provisions of the Act of March 3, 1931 (commonly known as the "Davis-Bacon Act") (40 U.S.C. 276a et seq.) as set forth in any of the Acts or provisions described in section 276d-3 of this title shall not apply to an individual--

    (1) who volunteers--
        (A) to perform a service directly to a State or local government or a public agency for          civic, charitable, or humanitarian reasons, without promise, expectation, or receipt of compensation for services rendered, other than expenses, reasonable benefits, or a nominal fee (as defined in subsection (b) of this section), but solely for the personal purpose or pleasure of the individual; and
        (B) to provide such services freely and without pressure or coercion, direct or implied, from any employer;
    (2) whose contribution of service is not for the direct or indirect benefit of any contractor otherwise performing or seeking to perform work on the same project for which the individual is volunteering;
     (3) who is not employed by and does not provide services to a contractor or subcontractor at any time on the federally assisted or insured project for which the individual is volunteering; and
      (4) who is not otherwise employed by the same agency to perform the same type of services as those for which the individual proposes to volunteer.

(b) Expenses

Payments of expenses, reasonable benefits, or a nominal fee may be provided to volunteers described in section (a) of this section only in accordance with regulations issued by the Secretary of Labor. In prescribing the regulations, the Secretary shall take into consideration criteria such as the total amount of payments made (relating to expenses, benefits, or fees) in the context of the economic realities. The regulations shall provide that--
    (1) a payment for an expense may be received by a volunteer for items such as uniform allowances, protective gear and clothing, reimbursement for approximate out-of-pocket expenses, or for the cost or expense of meals and transportation;
    (2) a reasonable benefit may include the inclusion of a volunteer in a group insurance plan (such as a liability, health, life, disability, or worker's compensation plan) or pension plan, or the awarding of a length of service award; and
    (3) a nominal fee may not be used as a substitute for compensation and may not be connected to productivity.

The decision as to what constitutes a reasonable fee for purposes of paragraph (3) shall be determined based on the context of the economic realities of the situation involved and shall be made by the Secretary of Labor.

(c) Economic reality

For purposes of subsection (b) of this section, in determining whether an expense, benefit, or fee described in such subsection may be paid to volunteers in the context of the economic realities of the particular situation, the Secretary of Labor may not permit any such expense, benefit, or fee that has the effect of undermining labor standards by creating downward pressure on prevailing wages in the local construction industry.
(Pub. L. 103-355, title VII, sec. 7303, Oct. 13, 1994, 108 Stat. 3382.)

Note: The discussion of expenses, benefits and fees to volunteers in paragraphs 2(b) and 2(c) above is included only to provide the complete definition of volunteer services taken from the statute. Such expenses, benefits, and fees are not being authorized by this Order. For approved policies on the use of volunteers within the Fish and Wildlife Service - including the payment of expenses - see part 150 and the following parts of the Fish and Wildlife Service Manual.