View all text of Subchapter IV [§ 5361 - § 5377]
§ 5367. Construction programs and projects
(a) In general
(b) Tribal option to carry out certain Federal environmental activitiesIn carrying out a construction project under this subchapter, an Indian Tribe may, subject to the agreement of the Secretary, elect to assume some Federal responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), division A of subtitle III of title 54, and related provisions of other law and regulations that would apply if the Secretary were to undertake a construction project, by adopting a resolution—
(1) designating a certifying Tribal officer to represent the Indian Tribe and to assume the status of a responsible Federal official under those Acts, laws, or regulations; and
(2) accepting the jurisdiction of the United States courts for the purpose of enforcing the responsibilities of the certifying Tribal officer assuming the status of a responsible Federal official under those Acts, laws, or regulations.
(c) Savings clause
(d) Codes and standardsIn carrying out a construction project under this subchapter, an Indian Tribe shall—
(1) adhere to applicable Federal, State, local, and Tribal building codes, architectural and engineering standards, and applicable Federal guidelines regarding design, space, and operational standards, appropriate for the particular project; and
(2) use only architects and engineers who—
(A) are licensed to practice in the State in which the facility will be built; and
(B) certify that—
(i) they are qualified to perform the work required by the specific construction involved; and
(ii) upon completion of design, the plans and specifications meet or exceed the applicable construction and safety codes.
(e) Tribal accountability
(1) In general
(2) RequirementsFor each construction project carried out by an Indian Tribe under this subchapter, the Indian Tribe and the Secretary shall negotiate a provision to be included in the funding agreement that identifies—
(A) the approximate start and completion dates for the project, which may extend over a period of one or more years;
(B) a general description of the project, including the scope of work, references to design criteria, and other terms and conditions;
(C) the responsibilities of the Indian Tribe and the Secretary for the project;
(D) how project-related environmental considerations will be addressed;
(E) the amount of funds provided for the project;
(F) the obligations of the Indian Tribe to comply with the codes referenced in subsection (d)(1) and applicable Federal laws and regulations;
(G) 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; and
(H) the agreement of the Secretary to issue a certificate of occupancy, if requested by the Indian Tribe, based upon the review and verification by the Secretary, to the satisfaction of the Secretary, that the Indian Tribe has secured upon completion the review and approval of the plans and specifications, sufficiency of design, life safety, and code compliance by qualified, licensed, and independent architects and engineers.
(f) Funding
(1) In general
(2) Advance payments
(g) Negotiations
(h) Federal review and verification
(1) In generalOn a schedule negotiated by the Secretary and the Indian Tribe—
(A) the Secretary shall review and verify, to the satisfaction of the Secretary, that project planning and design documents prepared by the Indian Tribe in advance of initial construction are in conformity with the obligations of the Indian Tribe under subsection (d); and
(B) before the project planning and design documents are implemented, the Secretary shall review and verify to the satisfaction of the Secretary that subsequent document amendments which result in a significant change in construction are in conformity with the obligations of the Indian Tribe under subsection (d).
(2) Reports
(3) Oversight visits
(i) Application of other laws
(j) Future funding
(Pub. L. 93–638, title IV, § 407, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 870.)