---
kind: "section"
citation: "25 C.F.R. § 1000.1445"
title: "25"
number: "1000.1445"
heading: "May the Secretary suspend construction activities under the terms of a funding agreement or construction project agreement under title IV of the ISDEAA?"
url: "https://uscodex.org/cfr/25/1000.1445"
---

# §1000.1445. May the Secretary suspend construction activities under the terms of a funding agreement or construction project agreement under title IV of the ISDEAA?

- (a) The Secretary may, in lieu of reassumption under [subpart M](/cfr/25/subpartM.md) of this part, allow a Tribe/Consortium to suspend certain work under a construction project included in a funding agreement or construction project agreement under title IV of the ISDEAA for up to 30 days only if the Secretary notifies the Tribe/Consortium in writing that the Secretary has found that:
  - (1) Site conditions adversely affect health and safety; or
  - (2) Work in progress or completed for the construction project fails to substantially carry out the terms of the construction project agreement or funding agreement without good cause.
- (b) The Secretary may suspend only work directly related to the criteria specified in [paragraph (a)](#a) of this section unless other reasons for suspension are specifically negotiated in the funding agreement or construction project agreement under title IV of the ISDEAA.
- (c) Unless the Secretary determines that a health and safety emergency requiring immediate reassumption under subpart M of this part exists, before requesting a suspension of work on the project by the Tribe/Consortium, the Secretary must provide:
  - (1) A 5-working days written notice to the Tribe/Consortium specifying the reasons the Secretary requests a suspension of certain project work; and
  - (2) **A reasonable opportunity for the Tribe/Consortium to correct the problem.**
- (d) The Tribe/Consortium must be compensated for reasonable costs due to any suspension of work that occurred through no fault of the Tribe/Consortium. Project funds will not be used for this purpose. However, if suspension occurs due to the action or inaction of the Tribe/Consortium, then project funds will be used to cover suspension related activities.

## Notes

### Authority

Authority: 25 U.S.C. 5373

### Source

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