| 42:1.0.1.13.83.14.114 | SUBJGRP 114
| Purpose and Scope | |
| 42:1.0.1.13.83.14.114.1 | SECTION 137.270
| 137.270 What is covered by this subpart | |
| 42:1.0.1.13.83.14.114.2 | SECTION 137.271
| 137.271 Why is there a separate subpart in these regulations for construction project agreements | |
| 42:1.0.1.13.83.14.114.3 | SECTION 137.272
| 137.272 What other alternatives are available for Self-Governance Tribes to perform construction projects | |
| 42:1.0.1.13.83.14.114.4 | SECTION 137.273
| 137.273 What are IHS construction PSFAs | |
| 42:1.0.1.13.83.14.114.5 | SECTION 137.274
| 137.274 Does this subpart cover construction programs | |
| 42:1.0.1.13.83.14.114.6 | SECTION 137.275
| 137.275 May Self-Governance Tribes include IHS construction programs in a construction project agreement or in a funding agreement | |
| 42:1.0.1.13.83.14.115 | SUBJGRP 115
| Construction Definitions | |
| 42:1.0.1.13.83.14.115.7 | SECTION 137.280
| 137.280 Construction Definitions. | |
| 42:1.0.1.13.83.14.116 | SUBJGRP 116
| NEPA Process | |
| 42:1.0.1.13.83.14.116.8 | SECTION 137.285
| 137.285 Are Self-Governance Tribes required to accept Federal environmental responsibilities to enter into a construction project agreement | |
| 42:1.0.1.13.83.14.116.9 | SECTION 137.286
| 137.286 Do Self-Governance Tribes become Federal agencies when they assume these Federal environmental responsibilities | |
| 42:1.0.1.13.83.14.116.10 | SECTION 137.287
| 137.287 What is the National Environmental Policy Act (NEPA) | |
| 42:1.0.1.13.83.14.116.11 | SECTION 137.288
| 137.288 What is the National Historic Preservation Act (NHPA) | |
| 42:1.0.1.13.83.14.116.12 | SECTION 137.289
| 137.289 What is a Federal undertaking under NHPA | |
| 42:1.0.1.13.83.14.116.13 | SECTION 137.290
| 137.290 What additional provisions of law are related to NEPA and NHPA | |
| 42:1.0.1.13.83.14.116.14 | SECTION 137.291
| 137.291 May Self-Governance Tribes carry out construction projects without assuming these Federal environmental responsibilities | |
| 42:1.0.1.13.83.14.116.15 | SECTION 137.292
| 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] | |
| 42:1.0.1.13.83.14.116.16 | SECTION 137.293
| 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 | |
| 42:1.0.1.13.83.14.116.17 | SECTION 137.294
| 137.294 What is the typical IHS environmental review process for construction projects | |
| 42:1.0.1.13.83.14.116.18 | SECTION 137.295
| 137.295 May Self-Governance Tribes elect to develop their own environmental review process | |
| 42:1.0.1.13.83.14.116.19 | SECTION 137.296
| 137.296 How does a Self-Governance Tribe comply with NEPA and NHPA | |
| 42:1.0.1.13.83.14.116.20 | SECTION 137.297
| 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 | |
| 42:1.0.1.13.83.14.116.21 | SECTION 137.298
| 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] | |
| 42:1.0.1.13.83.14.116.22 | SECTION 137.299
| 137.299 Are Federal funds available to cover the cost of Self-Governance Tribes carrying out environmental responsibilities | |
| 42:1.0.1.13.83.14.116.23 | SECTION 137.300
| 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 | |
| 42:1.0.1.13.83.14.116.24 | SECTION 137.301
| 137.301 How are project and program environmental review costs identified | |
| 42:1.0.1.13.83.14.116.25 | SECTION 137.302
| 137.302 Are Federal funds available to cover start-up costs associated with initial Tribal assumption of environmental responsibilities | |
| 42:1.0.1.13.83.14.116.26 | SECTION 137.303
| 137.303 Are Federal or other funds available for training associated with Tribal assumption of environmental responsibilities | |
| 42:1.0.1.13.83.14.116.27 | SECTION 137.304
| 137.304 May Self-Governance Tribes buy back environmental services from the IHS | |
| 42:1.0.1.13.83.14.116.28 | SECTION 137.305
| 137.305 May Self-Governance Tribes act as lead, cooperating, or joint lead agencies for environmental review purposes | |
| 42:1.0.1.13.83.14.116.29 | SECTION 137.306
| 137.306 How are Self-Governance Tribes recognized as having lead, cooperating, or joint lead agency status | |
| 42:1.0.1.13.83.14.116.30 | SECTION 137.307
| 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] | |
| 42:1.0.1.13.83.14.116.31 | SECTION 137.308
| 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] | |
| 42:1.0.1.13.83.14.116.32 | SECTION 137.309
| 137.309 How are NEPA and NHPA obligations typically enforced | |
| 42:1.0.1.13.83.14.116.33 | SECTION 137.310
| 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] | |
| 42:1.0.1.13.83.14.116.34 | SECTION 137.311
| 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)] | |
| 42:1.0.1.13.83.14.116.35 | SECTION 137.312
| 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)] | |
| 42:1.0.1.13.83.14.117 | SUBJGRP 117
| Notification (Prioritization Process, Planning, Development and Construction) | |
| 42:1.0.1.13.83.14.117.36 | SECTION 137.320
| 137.320 Is the Secretary required to consult with affected Indian Tribes concerning construction projects and programs | |
| 42:1.0.1.13.83.14.117.37 | SECTION 137.321
| 137.321 How do Indian Tribes and the Secretary identify and request funds for needed construction projects | |
| 42:1.0.1.13.83.14.117.38 | SECTION 137.322
| 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 | |
| 42:1.0.1.13.83.14.118 | SUBJGRP 118
| Project Assumption Process | |
| 42:1.0.1.13.83.14.118.39 | SECTION 137.325
| 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] | |
| 42:1.0.1.13.83.14.118.40 | SECTION 137.326
| 137.326 What must a Tribal proposal for a construction project agreement contain | |
| 42:1.0.1.13.83.14.118.41 | SECTION 137.327
| 137.327 May multiple projects be included in a single construction project agreement | |
| 42:1.0.1.13.83.14.118.42 | SECTION 137.328
| 137.328 Must a construction project proposal incorporate provisions of Federal construction guidelines and manuals | |
| 42:1.0.1.13.83.14.118.43 | SECTION 137.329
| 137.329 What environmental considerations must be included in the construction project agreement | |
| 42:1.0.1.13.83.14.118.44 | SECTION 137.330
| 137.330 What happens if the Self-Governance Tribe and the Secretary cannot develop a mutually agreeable construction project agreement | |
| 42:1.0.1.13.83.14.118.45 | SECTION 137.331
| 137.331 May the Secretary reject a final construction project proposal based on a determination of Tribal capacity or capability | |
| 42:1.0.1.13.83.14.118.46 | SECTION 137.332
| 137.332 On what basis may the Secretary reject a final construction project proposal | |
| 42:1.0.1.13.83.14.118.47 | SECTION 137.333
| 137.333 What procedures must the Secretary follow if the Secretary rejects a final construction project proposal, in whole or in part | |
| 42:1.0.1.13.83.14.118.48 | SECTION 137.334
| 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 | |
| 42:1.0.1.13.83.14.118.49 | SECTION 137.335
| 137.335 What costs may be included in the budget for a construction agreement | |
| 42:1.0.1.13.83.14.118.50 | SECTION 137.336
| 137.336 What is the difference between fixed-price and cost-reimbursement agreements | |
| 42:1.0.1.13.83.14.118.51 | SECTION 137.337
| 137.337 What funding must the Secretary provide in a construction project agreement | |
| 42:1.0.1.13.83.14.118.52 | SECTION 137.338
| 137.338 Must funds from other sources be incorporated into a construction project agreement | |
| 42:1.0.1.13.83.14.118.53 | SECTION 137.339
| 137.339 May a Self-Governance Tribe use project funds for matching or cost participation requirements under other Federal and non-Federal programs | |
| 42:1.0.1.13.83.14.118.54 | SECTION 137.340
| 137.340 May a Self-Governance Tribe contribute funding to a project | |
| 42:1.0.1.13.83.14.118.55 | SECTION 137.341
| 137.341 How will a Self-Governance Tribe receive payment under a construction project agreement | |
| 42:1.0.1.13.83.14.118.56 | SECTION 137.342
| 137.342 What happens to funds remaining at the conclusion of a cost reimbursement construction project | |
| 42:1.0.1.13.83.14.118.57 | SECTION 137.343
| 137.343 What happens to funds remaining at the conclusion of a fixed price construction project | |
| 42:1.0.1.13.83.14.118.58 | SECTION 137.344
| 137.344 May a Self-Governance Tribe reallocate funds among construction project agreements | |
| 42:1.0.1.13.83.14.119 | SUBJGRP 119
| Roles of Self-Governance Tribe in Establishing and Implementing Construction Project Agreements | |
| 42:1.0.1.13.83.14.119.59 | SECTION 137.350
| 137.350 Is a Self-Governance Tribe responsible for completing a construction project in accordance with the negotiated construction project agreement | |
| 42:1.0.1.13.83.14.119.60 | SECTION 137.351
| 137.351 Is a Self-Governance Tribe required to submit construction project progress and financial reports for construction project agreements | |
| 42:1.0.1.13.83.14.119.61 | SECTION 137.352
| 137.352 What is contained in a construction project progress report | |
| 42:1.0.1.13.83.14.119.62 | SECTION 137.353
| 137.353 What is contained in a construction project financial report | |
| 42:1.0.1.13.83.14.120 | SUBJGRP 120
| Roles of the Secretary in Establishing and Implementing Construction Project Agreements | |
| 42:1.0.1.13.83.14.120.63 | SECTION 137.360
| 137.360 Does the Secretary approve project planning and design documents prepared by the Self-Governance Tribe | |
| 42:1.0.1.13.83.14.120.64 | SECTION 137.361
| 137.361 Does the Secretary have any other opportunities to approve planning or design documents prepared by the Self-Governance Tribe | |
| 42:1.0.1.13.83.14.120.65 | SECTION 137.362
| 137.362 May construction project agreements be amended | |
| 42:1.0.1.13.83.14.120.66 | SECTION 137.363
| 137.363 What is the procedure for the Secretary's review and approval of amendments | |
| 42:1.0.1.13.83.14.120.67 | SECTION 137.364
| 137.364 What constitutes a significant change in the original scope of work | |
| 42:1.0.1.13.83.14.120.68 | SECTION 137.365
| 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 | |
| 42:1.0.1.13.83.14.120.69 | SECTION 137.366
| 137.366 May the Secretary conduct onsite project oversight visits | |
| 42:1.0.1.13.83.14.120.70 | SECTION 137.367
| 137.367 May the Secretary issue a stop work order under a construction project agreement | |
| 42:1.0.1.13.83.14.120.71 | SECTION 137.368
| 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] | |
| 42:1.0.1.13.83.14.121 | SUBJGRP 121
| Other | |
| 42:1.0.1.13.83.14.121.72 | SECTION 137.370
| 137.370 Do all provisions of this part apply to construction project agreements under this subpart | |
| 42:1.0.1.13.83.14.121.73 | SECTION 137.371
| 137.371 Who takes title to real property purchased with funds provided under a construction project agreement | |
| 42:1.0.1.13.83.14.121.74 | SECTION 137.372
| 137.372 Does the Secretary have a role in the fee-to-trust process when real property is purchased with construction project agreement funds | |
| 42:1.0.1.13.83.14.121.75 | SECTION 137.373
| 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 | |
| 42:1.0.1.13.83.14.121.76 | SECTION 137.374
| 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 | |
| 42:1.0.1.13.83.14.121.77 | SECTION 137.375
| 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 | |
| 42:1.0.1.13.83.14.121.78 | SECTION 137.376
| 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 | |
| 42:1.0.1.13.83.14.121.79 | SECTION 137.377
| 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] | |
| 42:1.0.1.13.83.14.121.80 | SECTION 137.378
| 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 | |
| 42:1.0.1.13.83.14.121.81 | SECTION 137.379
| 137.379 Do Davis-Bacon wage rates apply to construction projects performed by Self-Governance Tribes using Federal funds | |