42 CFR Subpart N - Subpart N—Construction

  2. Construction Definitions (§ 137.280)
    1. § 137.280 Construction Definitions.
  3. NEPA Process (§§ 137.285 - 137.312)
    1. § 137.285 Are Self-Governance Tribes required to accept Federal environmental responsibilities to enter into a construction project agreement?
    2. § 137.286 Do Self-Governance Tribes become Federal agencies when they assume these Federal environmental responsibilities?
    3. § 137.287 What is the National Environmental Policy Act (NEPA)?
    4. § 137.288 What is the National Historic Preservation Act (NHPA)?
    5. § 137.289 What is a Federal undertaking under NHPA?
    6. § 137.290 What additional provisions of law are related to NEPA and NHPA?
    7. § 137.291 May Self-Governance Tribes carry out construction projects without assuming these Federal environmental responsibilities?
    8. § 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]?
    9. § 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?
    10. § 137.294 What is the typical IHS environmental review process for construction projects?
    11. § 137.295 May Self-Governance Tribes elect to develop their own environmental review process?
    12. § 137.296 How does a Self-Governance Tribe comply with NEPA and NHPA?
    13. § 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?
    14. § 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]?
    15. § 137.299 Are Federal funds available to cover the cost of Self-Governance Tribes carrying out environmental responsibilities?
    16. § 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?
    17. § 137.301 How are project and program environmental review costs identified?
    18. § 137.302 Are Federal funds available to cover start-up costs associated with initial Tribal assumption of environmental responsibilities?
    19. § 137.303 Are Federal or other funds available for training associated with Tribal assumption of environmental responsibilities?
    20. § 137.304 May Self-Governance Tribes buy back environmental services from the IHS?
    21. § 137.305 May Self-Governance Tribes act as lead, cooperating, or joint lead agencies for environmental review purposes?
    22. § 137.306 How are Self-Governance Tribes recognized as having lead, cooperating, or joint lead agency status?
    23. § 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]?
    24. § 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]?
    25. § 137.309 How are NEPA and NHPA obligations typically enforced?
    26. § 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]?
    27. § 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)]?
    28. § 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)]?
  5. Project Assumption Process (§§ 137.325 - 137.344)
    1. § 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]?
    2. § 137.326 What must a Tribal proposal for a construction project agreement contain?
    3. § 137.327 May multiple projects be included in a single construction project agreement?
    4. § 137.328 Must a construction project proposal incorporate provisions of Federal construction guidelines and manuals?
    5. § 137.329 What environmental considerations must be included in the construction project agreement?
    6. § 137.330 What happens if the Self-Governance Tribe and the Secretary cannot develop a mutually agreeable construction project agreement?
    7. § 137.331 May the Secretary reject a final construction project proposal based on a determination of Tribal capacity or capability?
    8. § 137.332 On what basis may the Secretary reject a final construction project proposal?
    9. § 137.333 What procedures must the Secretary follow if the Secretary rejects a final construction project proposal, in whole or in part?
    10. § 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?
    11. § 137.335 What costs may be included in the budget for a construction agreement?
    12. § 137.336 What is the difference between fixed-price and cost-reimbursement agreements?
    13. § 137.337 What funding must the Secretary provide in a construction project agreement?
    14. § 137.338 Must funds from other sources be incorporated into a construction project agreement?
    15. § 137.339 May a Self-Governance Tribe use project funds for matching or cost participation requirements under other Federal and non-Federal programs?
    16. § 137.340 May a Self-Governance Tribe contribute funding to a project?
    17. § 137.341 How will a Self-Governance Tribe receive payment under a construction project agreement?
    18. § 137.342 What happens to funds remaining at the conclusion of a cost reimbursement construction project?
    19. § 137.343 What happens to funds remaining at the conclusion of a fixed price construction project?
    20. § 137.344 May a Self-Governance Tribe reallocate funds among construction project agreements?
  8. Other (§§ 137.370 - 137.379)
    1. § 137.370 Do all provisions of this part apply to construction project agreements under this subpart?
    2. § 137.371 Who takes title to real property purchased with funds provided under a construction project agreement?
    3. § 137.372 Does the Secretary have a role in the fee-to-trust process when real property is purchased with construction project agreement funds?
    4. § 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?
    5. § 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?
    6. § 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?
    7. § 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?
    8. § 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]?
    9. § 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?
    10. § 137.379 Do Davis-Bacon wage rates apply to construction projects performed by Self-Governance Tribes using Federal funds?