---
kind: "section"
citation: "25 C.F.R. § 1000.1435"
title: "25"
number: "1000.1435"
heading: "What is the Secretary's role in a construction project performed under this subpart?"
url: "https://uscodex.org/cfr/25/1000.1435"
---

# §1000.1435. What is the Secretary's role in a construction project performed under this subpart?


The Secretary has the following role regarding a construction program or project contained in a funding agreement or construction project agreement:

- (a) On a schedule negotiated by the Secretary and the Tribe/Consortium, to ensure health and safety standards and compliance with Federal law, the Secretary shall review and verify, to the satisfaction of the Secretary:
  - (1) That project planning and documents prepared by the Tribe/Consortium in advance of initial construction are in conformity with the obligations of the Tribe/Consortium under [25 U.S.C. 5367(d)](/usc/25/5367.md?p=d); and
  - (2) Before the project planning and design documents are implemented, that subsequent document amendments that result in a significant change in construction are in conformity with the obligations of the Tribe/Consortium under [25 U.S.C. 5367(d)](/usc/25/5367.md?p=d).
- (b) Where no time is otherwise specified in a funding agreement or construction project agreement, the Secretary shall complete the review and verification of project documents required under [25 U.S.C. 5367(h)](/usc/25/5367.md?p=h) and provide a Tribe/Consortium a written response within 30 days of the Secretary's receipt from the Tribe/Consortium of project planning and design documents. Absent a written response by the Secretary within the 30-day period, the project planning and design documents, or amendments to such documents, shall be deemed to be conformity with the Tribe's obligations under [25 U.S.C. 5367(d)](/usc/25/5367.md?p=d).
- (c) The Secretary must approve any proposed changes in the construction project that require;
  - (1) An increase in the negotiated funding amount; or
  - (2) An increase in the negotiated performance period; or
  - (3) A significant departure from the scope or objective of the construction program as agreed to in the funding agreement or construction project agreement.
- (d) A Tribe/Consortium may make immaterial changes to the performance period and make budget adjustments within available Federal funding without an amendment to the funding agreement or construction project agreement.
- (e) The Secretary may conduct onsite project oversight visits semiannually or on an alternate schedule agreed to by the Secretary and the Tribe/Consortium. The Secretary must provide the Tribe/Consortium with reasonable advance written notice to assist the Tribe/Consortium in coordinating the visit. The purpose of the visit is to review the progress under the construction project agreement or funding agreement. At the request of the Tribe/Consortium, the Secretary must provide the Tribe/Consortium a written site visit report;
- (f) Where the Secretary and the Tribe/Consortium share construction project or program activities, the Secretary and Tribe/Consortium shall provide for the exchange of information;
- (g) The Secretary may reassume the construction portion of a funding agreement or construction project agreement if the Secretary, in accordance with subpart M of this part, makes a written finding of:
  - (1) A significant failure to substantially carry out the terms of the funding agreement or construction agreement without good cause; or
  - (2) Imminent jeopardy to a physical trust asset, to a natural resource, or that adversely affects public health and safety as provided in subpart M of this part.

## Notes

### Authority

Authority: 25 U.S.C. 5373

### Source

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