Subpart N. Subpart N—Construction

• Purpose and Scope

  • SECTION § 137.270 - What is covered by this subpart?
  • SECTION § 137.271 - Why is there a separate subpart in these regulations for construction project agreements?
  • SECTION § 137.272 - What other alternatives are available for Self-Governance Tribes to perform construction projects?
  • SECTION § 137.273 - What are IHS construction PSFAs?
  • SECTION § 137.274 - Does this subpart cover construction programs?
  • SECTION § 137.275 - May Self-Governance Tribes include IHS construction programs in a construction project agreement or in a funding agreement?

• Construction Definitions

  • SECTION § 137.280 - Construction Definitions.

• NEPA Process

  • SECTION § 137.285 - Are Self-Governance Tribes required to accept Federal environmental responsibilities to enter into a construction project agreement?
  • SECTION § 137.286 - Do Self-Governance Tribes become Federal agencies when they assume these Federal environmental responsibilities?
  • SECTION § 137.287 - What is the National Environmental Policy Act (NEPA)?
  • SECTION § 137.288 - What is the National Historic Preservation Act (NHPA)?
  • SECTION § 137.289 - What is a Federal undertaking under NHPA?
  • SECTION § 137.290 - What additional provisions of law are related to NEPA and NHPA?
  • SECTION § 137.291 - May Self-Governance Tribes carry out construction projects without assuming these Federal environmental responsibilities?
  • SECTION § 137.292 - How do Self-Governance Tribes assume environmental responsibilities for construction projects under section 509 of the Act [25 U.S.C. 458aaa-8]?
  • SECTION § 137.293 - Are Self-Governance Tribes required to adopt a separate resolution or take equivalent Tribal action to assume environmental responsibilities for each construction project agreement?
  • SECTION § 137.294 - What is the typical IHS environmental review process for construction projects?
  • SECTION § 137.295 - May Self-Governance Tribes elect to develop their own environmental review process?
  • SECTION § 137.296 - How does a Self-Governance Tribe comply with NEPA and NHPA?
  • SECTION § 137.297 - If the environmental review procedures of a Federal agency are adopted by a Self-Governance Tribe, is the Self-Governance Tribe responsible for ensuring the agency's policies and procedures meet the requirements of NEPA, NHPA, and related environmental laws?
  • SECTION § 137.298 - Are Self-Governance Tribes required to comply with Executive Orders to fulfill their environmental responsibilities under section 509 of the Act [25 U.S.C. 458aaa-8]?
  • SECTION § 137.299 - Are Federal funds available to cover the cost of Self-Governance Tribes carrying out environmental responsibilities?
  • SECTION § 137.300 - Since Federal environmental responsibilities are new responsibilities, which may be assumed by Tribes under section 509 of the Act [25 U.S.C. 458aaa-8], are there additional funds available to Self-Governance Tribes to carry out these formerly inherently Federal responsibilities?
  • SECTION § 137.301 - How are project and program environmental review costs identified?
  • SECTION § 137.302 - Are Federal funds available to cover start-up costs associated with initial Tribal assumption of environmental responsibilities?
  • SECTION § 137.303 - Are Federal or other funds available for training associated with Tribal assumption of environmental responsibilities?
  • SECTION § 137.304 - May Self-Governance Tribes buy back environmental services from the IHS?
  • SECTION § 137.305 - May Self-Governance Tribes act as lead, cooperating, or joint lead agencies for environmental review purposes?
  • SECTION § 137.306 - How are Self-Governance Tribes recognized as having lead, cooperating, or joint lead agency status?
  • SECTION § 137.307 - What Federal environmental responsibilities remain with the Secretary when a Self-Governance Tribe assumes Federal environmental responsibilities for construction projects under section 509 of the Act [25 U.S.C. 458aaa-8]?
  • SECTION § 137.308 - Does the Secretary have any enforcement authority for Federal environmental responsibilities assumed by Tribes under section 509 of the Act [25 U.S.C. 458aaa-8]?
  • SECTION § 137.309 - How are NEPA and NHPA obligations typically enforced?
  • SECTION § 137.310 - Are Self-Governance Tribes required to grant a limited waiver of their sovereign immunity to assume Federal environmental responsibilities under section 509 of the Act [25 U.S.C. 458aaa-8]?
  • SECTION § 137.311 - Are Self-Governance Tribes entitled to determine the nature and scope of the limited immunity waiver required under section 509(a)(2) of the Act [25 U.S.C. 458aaa-8(a)(2)]?
  • SECTION § 137.312 - Who is the proper defendant in a civil enforcement action under section 509(a)(2) of the Act [25 U.S.C. 458aaa-8(a)(2)]?

• Notification (Prioritization Process, Planning, Development and Construction)

  • SECTION § 137.320 - Is the Secretary required to consult with affected Indian Tribes concerning construction projects and programs?
  • SECTION § 137.321 - How do Indian Tribes and the Secretary identify and request funds for needed construction projects?
  • SECTION § 137.322 - Is the Secretary required to notify an Indian Tribe that funds are available for a construction project or a phase of a project?

• Project Assumption Process

  • SECTION § 137.325 - What does a Self-Governance Tribe do if it wants to perform a construction project under section 509 of the Act [25 U.S.C. 458aaa-8]?
  • SECTION § 137.326 - What must a Tribal proposal for a construction project agreement contain?
  • SECTION § 137.327 - May multiple projects be included in a single construction project agreement?
  • SECTION § 137.328 - Must a construction project proposal incorporate provisions of Federal construction guidelines and manuals?
  • SECTION § 137.329 - What environmental considerations must be included in the construction project agreement?
  • SECTION § 137.330 - What happens if the Self-Governance Tribe and the Secretary cannot develop a mutually agreeable construction project agreement?
  • SECTION § 137.331 - May the Secretary reject a final construction project proposal based on a determination of Tribal capacity or capability?
  • SECTION § 137.332 - On what basis may the Secretary reject a final construction project proposal?
  • SECTION § 137.333 - What procedures must the Secretary follow if the Secretary rejects a final construction project proposal, in whole or in part?
  • SECTION § 137.334 - What happens if the Secretary fails to notify the Self-Governance Tribe of a decision to approve or reject a final construction project proposal within the time period allowed?
  • SECTION § 137.335 - What costs may be included in the budget for a construction agreement?
  • SECTION § 137.336 - What is the difference between fixed-price and cost-reimbursement agreements?
  • SECTION § 137.337 - What funding must the Secretary provide in a construction project agreement?
  • SECTION § 137.338 - Must funds from other sources be incorporated into a construction project agreement?
  • SECTION § 137.339 - May a Self-Governance Tribe use project funds for matching or cost participation requirements under other Federal and non-Federal programs?
  • SECTION § 137.340 -
  • SECTION § 137.341 - How will a Self-Governance Tribe receive payment under a construction project agreement?
  • SECTION § 137.342 - What happens to funds remaining at the conclusion of a cost reimbursement construction project?
  • SECTION § 137.343 - What happens to funds remaining at the conclusion of a fixed price construction project?
  • SECTION § 137.344 - May a Self-Governance Tribe reallocate funds among construction project agreements?

• Roles of Self-Governance Tribe in Establishing and Implementing Construction Project Agreements

  • SECTION § 137.350 - Is a Self-Governance Tribe responsible for completing a construction project in accordance with the negotiated construction project agreement?
  • SECTION § 137.351 - Is a Self-Governance Tribe required to submit construction project progress and financial reports for construction project agreements?
  • SECTION § 137.352 - What is contained in a construction project progress report?
  • SECTION § 137.353 - What is contained in a construction project financial report?

• Roles of the Secretary in Establishing and Implementing Construction Project Agreements

  • SECTION § 137.360 - Does the Secretary approve project planning and design documents prepared by the Self-Governance Tribe?
  • SECTION § 137.361 - Does the Secretary have any other opportunities to approve planning or design documents prepared by the Self-Governance Tribe?
  • SECTION § 137.362 - May construction project agreements be amended?
  • SECTION § 137.363 - What is the procedure for the Secretary's review and approval of amendments?
  • SECTION § 137.364 - What constitutes a significant change in the original scope of work?
  • SECTION § 137.365 - What is the procedure for the Secretary's review and approval of project planning and design documents submitted by the Self-Governance Tribe?
  • SECTION § 137.366 - May the Secretary conduct onsite project oversight visits?
  • SECTION § 137.367 - May the Secretary issue a stop work order under a construction project agreement?
  • SECTION § 137.368 - Is the Secretary responsible for oversight and compliance of health and safety codes during construction projects being performed by a Self-Governance Tribe under section 509 of the Act [25 U.S.C. 488aaa-8]?

• Other

  • SECTION § 137.370 - Do all provisions of this part apply to construction project agreements under this subpart?
  • SECTION § 137.371 - Who takes title to real property purchased with funds provided under a construction project agreement?
  • SECTION § 137.372 - Does the Secretary have a role in the fee-to-trust process when real property is purchased with construction project agreement funds?
  • SECTION § 137.373 - Do Federal real property laws, regulations and procedures that apply to the Secretary also apply to Self-Governance Tribes that purchase real property with funds provided under a construction project agreement?
  • SECTION § 137.374 -
  • SECTION § 137.375 - Are Tribally-owned facilities constructed under section 509 of the Act [25 U.S.C. 458aaa-8] eligible for replacement, maintenance, and improvement funds on the same basis as if title to such property were vested in the United States?
  • SECTION § 137.376 - Are design and construction projects performed by Self-Governance Tribes under section 509 of the Act [25 U.S.C. 458aaa-8] subject to Federal metric requirements?
  • SECTION § 137.377 - Do Federal procurement laws and regulations apply to construction project agreements performed under section 509 of the Act [25 U.S.C. 458aaa-8]?
  • SECTION § 137.378 - Do the Federal Davis-Bacon Act and wage rates apply to construction projects performed by Self-Governance Tribes using their own funds or other non-Federal funds?
  • SECTION § 137.379 - Do Davis-Bacon wage rates apply to construction projects performed by Self-Governance Tribes using Federal funds?