CFR

SUBPART N—Construction (§137.270 to §137.379)

• 137.270—What is covered by this subpart?
• 137.271—Why is there a separate subpart in these regulations for construction project agreements?
• 137.272—What other alternatives are available for Self-Governance Tribes to perform construction projects?
• 137.273—What are IHS construction PSFAs?
• 137.274—Does this subpart cover construction programs?
• 137.275—May Self-Governance Tribes include IHS construction programs in a construction project agreement or in a funding agreement?
• 137.280—Construction Definitions.
• 137.285—Are Self-Governance Tribes required to accept Federal environmental responsibilities to enter into a construction project agreement?
• 137.286—Do Self-Governance Tribes become Federal agencies when they assume these Federal environmental responsibilities?
• 137.287—What is the National Environmental Policy Act (NEPA)?
• 137.288—What is the National Historic Preservation Act (NHPA)?
• 137.289—What is a Federal undertaking under NHPA?
• 137.290—What additional provisions of law are related to NEPA and NHPA?
• 137.291—May Self-Governance Tribes carry out construction projects without assuming these Federal environmental responsibilities?
• 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]?
• 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?
• 137.294—What is the typical IHS environmental review process for construction projects?
• 137.295—May Self-Governance Tribes elect to develop their own environmental review process?
• 137.296—How does a Self-Governance Tribe comply with NEPA and NHPA?
• 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 proced
• 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]?
• 137.299—Are Federal funds available to cover the cost of Self-Governance Tribes carrying out environmental responsibilities?
• 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 avail
• 137.301—How are project and program environmental review costs identified?
• 137.302—Are Federal funds available to cover start-up costs associated with initial Tribal assumption of environmental responsibilities?
• 137.303—Are Federal or other funds available for training associated with Tribal assumption of environmental responsibilities?
• 137.304—May Self-Governance Tribes buy back environmental services from the IHS?
• 137.305—May Self-Governance Tribes act as lead, cooperating, or joint lead agencies for environmental review purposes?
• 137.306—How are Self-Governance Tribes recognized as having lead, cooperating, or joint lead agency status?
• 137.307—What Federal environmental responsibilities remain with the Secretary when a Self-Governance Tribe assumes Federal environmental responsibilities for construction projects under 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]?
• 137.309—How are NEPA and NHPA obligations typically enforced?
• 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
• 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)]?
• 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)]?
• 137.320—Is the Secretary required to consult with affected Indian Tribes concerning construction projects and programs?
• 137.321—How do Indian Tribes and the Secretary identify and request funds for needed construction projects?
• 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?
• 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]?
• 137.326—What must a Tribal proposal for a construction project agreement contain?
• 137.327—May multiple projects be included in a single construction project agreement?
• 137.328—Must a construction project proposal incorporate provisions of Federal construction guidelines and manuals?
• 137.329—What environmental considerations must be included in the construction project agreement?
• 137.330—What happens if the Self-Governance Tribe and the Secretary cannot develop a mutually agreeable construction project agreement?
• 137.331—May the Secretary reject a final construction project proposal based on a determination of Tribal capacity or capability?
• 137.332—On what basis may the Secretary reject a final construction project proposal?
• 137.333—What procedures must the Secretary follow if the Secretary rejects a final construction project proposal, in whole or in part?
• 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?
• 137.335—What costs may be included in the budget for a construction agreement?
• 137.336—What is the difference between fixed-price and cost-reimbursement agreements?
• 137.337—What funding must the Secretary provide in a construction project agreement?
• 137.338—Must funds from other sources be incorporated into a construction project agreement?
• 137.339—May a Self-Governance Tribe use project funds for matching or cost participation requirements under other Federal and non-Federal programs?
• 137.340—May a Self-Governance Tribe contribute funding to a project?
• 137.341—How will a Self-Governance Tribe receive payment under a construction project agreement?
• 137.342—What happens to funds remaining at the conclusion of a cost reimbursement construction project?
• 137.343—What happens to funds remaining at the conclusion of a fixed price construction project?
• 137.344—May a Self-Governance Tribe reallocate funds among construction project agreements?
• 137.350—Is a Self-Governance Tribe responsible for completing a construction project in accordance with the negotiated construction project agreement?
• 137.351—Is a Self-Governance Tribe required to submit construction project progress and financial reports for construction project agreements?
• 137.352—What is contained in a construction project progress report?
• 137.353—What is contained in a construction project financial report?
• 137.360—Does the Secretary approve project planning and design documents prepared by the Self-Governance Tribe?
• 137.361—Does the Secretary have any other opportunities to approve planning or design documents prepared by the Self-Governance Tribe?
• 137.362—May construction project agreements be amended?
• 137.363—What is the procedure for the Secretary's review and approval of amendments?
• 137.364—What constitutes a significant change in the original scope of work?
• 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?
• 137.366—May the Secretary conduct onsite project oversight visits?
• 137.367—May the Secretary issue a stop work order under a construction project agreement?
• 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
• 137.370—Do all provisions of this part apply to construction project agreements under this subpart?
• 137.371—Who takes title to real property purchased with funds provided under a construction project agreement?
• 137.372—Does the Secretary have a role in the fee-to-trust process when real property is purchased with construction project agreement funds?
• 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 constr
• 137.374—Does the Secretary have a role in reviewing or monitoring a Self-Governance Tribe's actions in acquiring or leasing real property with funds provided under a construction project agreem
• 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
• 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?
• 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]?
• 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?
• 137.379—Do Davis-Bacon wage rates apply to construction projects performed by Self-Governance Tribes using Federal funds?

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