§5367 Construction Programs and Projects

Summary

Allows Indian Tribes that are in Tribal self‑governance to do construction projects that are written into their compacts or funding agreements. A Tribe can choose, if the Secretary agrees, to take on some federal environmental review duties under the National Environmental Policy Act of 1969 and related laws. To do that the Tribe must pass a resolution naming a Tribal officer to act like a responsible federal official and agree that U.S. courts can enforce that officer’s duties. The Secretary cannot transfer duties that are core federal functions. Tribes must follow applicable federal, state, local, and Tribal building codes and design standards. They must hire architects and engineers licensed in the State where the work happens, and those professionals must say they are qualified and that the final plans meet or beat the required safety and construction codes. A Tribe is responsible for finishing a usable facility and must negotiate a funding agreement with the Secretary that says the start and end dates, a general project description, who is responsible for what, how environmental issues will be handled, the amount of money, the Tribe’s duty to follow codes and laws, who pays for scope changes or design errors, and whether the Secretary will issue a certificate of occupancy after independent verification. Funding is provided as annual or semiannual advance payments if the Tribe chooses, and contingency funds go with each advance and are managed by the Tribe. The Secretary will review and verify planning and major design changes on a schedule the parties agree to, receive progress and financial reports at least twice a year, and may do onsite visits at least semiannually or as agreed. Federal procurement rules in title 41, the Federal Acquisition Regulation, and related laws do not apply unless the Tribe agrees or the chapter says otherwise. After completion, the Secretary will include the facility for routine operation and maintenance funding like similar Department facilities, as appropriations allow and if the building fits funding rules.