---
kind: "section"
citation: "25 U.S.C. § 5389"
title: "25"
title_heading: "Indians"
number: "5389"
heading: "Construction projects"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/5389"
units:
  - "Chapter 46 — Indian Self-Determination and Education Assistance"
  - "Subchapter V — Tribal Self-Governance—indian Health Service"
---

# §5389. Construction projects

- (a) **In general—** [Indian tribes](/usc/25/5381.md?p=b) participating in tribal [self-governance](/usc/25/5381.md?p=a-7) may carry out [construction projects](/usc/25/5381.md?p=a-1) under this subchapter if they elect to assume all Federal responsibilities under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.), division A of subtitle III of [title 54](/usc/54.md), and related provisions of law that would apply if the [Secretary](/usc/25/5381.md?p=a-6) were to undertake a [construction project](/usc/25/5381.md?p=a-1), by adopting a resolution—
  - (1) designating a certifying officer to represent the [Indian tribe](/usc/25/5381.md?p=b) and to assume the status of a responsible Federal official under such laws; and
  - (2) accepting the jurisdiction of the Federal court for the purpose of enforcement of the responsibilities of the responsible Federal official under such environmental laws.
- (b) **Negotiations—** [Construction project](/usc/25/5381.md?p=a-1) proposals shall be negotiated pursuant to the statutory process in [section 5324(m) of this title](/usc/25/5324.md?p=m) and resulting [construction project agreements](/usc/25/5381.md?p=a-2) shall be incorporated into funding agreements as addenda.
- (c) **Codes and standards—** The [Indian tribe](/usc/25/5381.md?p=b) and the [Secretary](/usc/25/5381.md?p=a-6) shall agree upon and specify appropriate building codes and architectural and engineering standards (including health and safety) which shall be in conformity with nationally recognized standards for comparable projects.
- (d) **Responsibility for completion—** The [Indian tribe](/usc/25/5381.md?p=b) shall assume responsibility for the successful completion of the [construction project](/usc/25/5381.md?p=a-1) in accordance with the negotiated [construction project agreement](/usc/25/5381.md?p=a-2).
- (e) **Funding—** Funding for [construction projects](/usc/25/5381.md?p=a-1) carried out under this subchapter shall be included in funding agreements as annual advance payments, with semiannual payments at the option of the [Indian tribe](/usc/25/5381.md?p=b). Annual advance and semiannual payment amounts shall be determined based on mutually agreeable project schedules reflecting work to be accomplished within the advance payment period, work accomplished and funds expended in previous payment periods, and the total prior payments. The [Secretary](/usc/25/5381.md?p=a-6) shall include associated project contingency funds with each advance payment installment. The [Indian tribe](/usc/25/5381.md?p=b) shall be responsible for the management of the contingency funds included in funding agreements.
- (f) **Approval—** The [Secretary](/usc/25/5381.md?p=a-6) shall have at least one opportunity to approve project planning and design documents prepared by the [Indian tribe](/usc/25/5381.md?p=b) in advance of construction of the facilities specified in the scope of work for each negotiated [construction project agreement](/usc/25/5381.md?p=a-2) or amendment thereof which results in a significant change in the original scope of work. The [Indian tribe](/usc/25/5381.md?p=b) shall provide the [Secretary](/usc/25/5381.md?p=a-6) with project progress and financial reports not less than semiannually. The [Secretary](/usc/25/5381.md?p=a-6) may conduct onsite project oversight visits semiannually or on an alternate schedule agreed to by the [Secretary](/usc/25/5381.md?p=a-6) and the [Indian tribe](/usc/25/5381.md?p=b).
- (g) **Wages—** All laborers and mechanics employed by contractors and subcontractors (excluding tribes and tribal organizations) in the construction, alteration, or repair, including painting or decorating of a building or other facilities in connection with [construction projects](/usc/25/5381.md?p=a-1) funded by the United States under this chapter shall be paid wages at not less than those prevailing wages on similar construction in the locality as determined by the [Secretary](/usc/25/5381.md?p=a-6) of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. With respect to construction alteration, or repair work to which sections 3141–3144, [3146](/usc/40/3146.md), and [3147](/usc/40/3147.md) of title 40 are applicable under this section, the [Secretary](/usc/25/5381.md?p=a-6) of Labor shall have the authority and functions set forth in the Reorganization Plan numbered 14, of 1950, and [section 3145 of title 40](/usc/40/3145.md).
- (h) **Application of other laws—** Unless otherwise agreed to by the [Indian tribe](/usc/25/5381.md?p=b), no provision of division B (except sections [1123](/usc/25/1123.md), [2303](/usc/25/2303.md), [2304](/usc/25/2304.md), and 2313) of subtitle I of [title 41](/usc/41.md), the Federal Acquisition Regulations issued pursuant thereto, or any other law or regulation pertaining to Federal procurement (including Executive orders) shall apply to any [construction project](/usc/25/5381.md?p=a-1) conducted under this subchapter.

## Source credit

(Pub. L. 93–638, title V, § 509, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 724; amended Pub. L. 113–287, § 5(g), Dec. 19, 2014, 128 Stat. 3269.)

## Notes

### Editorial Notes

### References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

This chapter, referred to in subsec. (g), was in the original “this Act”, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.

Reorganization Plan numbered 14, of 1950, referred to in subsec. (g), is set out in the Appendix to Title 5, Government Organization and Employees.

### Codification

Section was formerly classified to section 458aaa–8 of this title prior to editorial reclassification and renumbering as this section.

In subsec. (g), “sections 3141–3144, 3146, and 3147 of title 40” substituted for “the Davis-Bacon Act of March 3, 1931 (46 Stat. 1494)”, “sections 3141–3144, 3146, and 3147 of title 40 are” substituted for “the Act of March 3, 1931, is”, and “section 3145 of title 40” substituted for “section 2 of the Act of June 13, 1934 (48 Stat. 948)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

In subsec. (h), “division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41” substituted for “the Office of Federal Procurement Policy Act” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

### Amendments

2014—Subsec. (a). Pub. L. 113–287, which directed substitution of “division A of subtitle III of title 54” for “the National Historic Preservation Act (16 U.S.C. 470et seq.)”, was executed by making the substitution for “the National Historic Preservation Act (16 U.S.C. 470 et seq.)” in introductory provisions to reflect the probable intent of Congress.