---
kind: "section"
citation: "25 C.F.R. § 1000.1355"
title: "25"
number: "1000.1355"
heading: "What provisions must a Tribe/Consortium include in a construction project agreement or funding agreement that contains a construction project or program?"
url: "https://uscodex.org/cfr/25/1000.1355"
---

# §1000.1355. What provisions must a Tribe/Consortium include in a construction project agreement or funding agreement that contains a construction project or program?

- (a) For each construction project or program carried out by the Tribe/Consortium under [25 U.S.C. 5367](/usc/25/5367.md), the Tribe/Consortium and the Secretary shall negotiate a provision in the construction project agreement or funding agreement that identifies:
  - (1) The approximate start and completion dates for the project, which may extend over a period of one or more years;
  - (2) A general description of the project, including the scope of work, references to design criteria, and other terms and conditions;
  - (3) The responsibilities of the Tribe/Consortium for the project;
  - (4) How project-related environmental considerations will be addressed;
  - (5) The amount of Federal funds provided for the project;
  - (6) The terms and conditions by which funding for the project, including contingency funds, will be paid to the Tribe/Consortium by the Secretary;
  - (7) The obligations of the Tribe/Consortium to comply with the applicable codes and standards referenced in [25 U.S.C. 5367(d)](/usc/25/5367.md?p=d) and applicable Federal laws and regulations;
  - (8) The agreement of the parties over who will bear any additional costs necessary to meet changes in scope, or errors or omissions in design and construction;
  - (9) The entity responsible to issue any Certificate of Occupancy, if applicable; and
  - (10) **Other terms and conditions the parties mutually agree upon.**
- (b) The Tribe/Consortium shall include in the construction project agreement or funding agreement that includes a construction project or program a provision for the submission to the Secretary of progress reports and financial status reports not less than semi-annually commencing after funding for the project is received by the Tribe/Consortium and continuing until the construction of the project is complete.

## Notes

### Authority

Authority: 25 U.S.C. 5373

### Source

Source: 89 FR 100245, Dec. 11, 2024, unless otherwise noted.