---
kind: "section"
citation: "42 C.F.R. § 137.332"
title: "42"
number: "137.332"
heading: "On what basis may the Secretary reject a final construction project proposal?"
url: "https://uscodex.org/cfr/42/137.332"
---

# §137.332. On what basis may the Secretary reject a final construction project proposal?

- (a) **The only basis for rejection of project activities in a final construction project proposal are—**
  - (1) The amount of funds proposed in the final construction project proposal exceeds the applicable funding level for the construction project as determined under [sections 508(c)](/cfr/42/508.md?p=c) [[25 U.S.C. 458aaa-7(c)](/usc/25/458aaa-7.md?p=c)] and 106 of the Act [[25 U.S.C. 450j-1](/usc/25/450j-1.md)].
  - (2) The final construction project proposal does not meet the minimum content requirements for construction project agreements set forth in section 501(a)(2) of the Act [[25 U.S.C. 458aaa(a)(2)](/usc/25/458aaa.md?p=a-2)]; and
  - (3) The final construction project proposal on its face clearly demonstrates that the construction project cannot be completed as proposed.
- (b) For construction programs proposed to be included in a construction project agreement, the Secretary may also reject that portion of the proposal that proposes to assume an inherently Federal function that cannot legally be delegated to the Self-Governance Tribe.

## Notes

### Authority

Authority: 25 U.S.C. 458 et seq.

### Source

Source: 67 FR 35342, May 17, 2002, unless otherwise noted.