42 CFR 137, Subpart N - Construction
- — Purpose and Scope
- § 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?
- — Construction Definitions
- § 137.280 — Construction Definitions.
- — NEPA Process
- § 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 procedures meet the requirements of NEPA, NHPA, and related environmental laws?
- § 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 available to Self-Governance Tribes to carry out these formerly inherently Federal responsibilities?
- § 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 509 of the Act [25 U.S.C. 458aaa-8]?
- § 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-8]?
- § 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)]?
- — Notification (Prioritization Process, Planning, Development and Construction)
- § 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?
- — Project Assumption Process
- § 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?
- — Roles of Self-Governance Tribe in Establishing and Implementing 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?
- — Roles of the Secretary in Establishing and Implementing Construction Project Agreements
- § 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 [25 U.S.C. 488aaa-8]?
- — Other
- § 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 construction project agreement?
- § 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 agreement?
- § 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?
- § 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?
Title 42 published on 2012-10-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
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