Code of Federal Regulations > Title 42 > Chapter I > Part 137 > Subpart N

U.S. Code of Federal Regulations

Regulations most recently checked for updates: Aug 28, 2025

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 -

§ 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 -

§ 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 -

§ 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?