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89 FR 100245, Dec. 11, 2024, unless otherwise noted.
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(a) For each construction project or program carried out by the Tribe/Consortium under 25 U.S.C. 5367, the Tribe/Consortium and the Secretary shall negotiate a provision in the construction project agreement or funding agreement that identifies:
(1) The approximate start and completion dates for the project, which may extend over a period of one or more years;
(2) A general description of the project, including the scope of work, references to design criteria, and other terms and conditions;
(3) The responsibilities of the Tribe/Consortium for the project;
(4) How project-related environmental considerations will be addressed;
(5) The amount of Federal funds provided for the project;
(6) The terms and conditions by which funding for the project, including contingency funds, will be paid to the Tribe/Consortium by the Secretary;
(7) The obligations of the Tribe/Consortium to comply with the applicable codes and standards referenced in 25 U.S.C. 5367(d) and applicable Federal laws and regulations;
(8) 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;
(9) The entity responsible to issue any Certificate of Occupancy, if applicable; and
(10) Other terms and conditions the parties mutually agree upon.
(b) The Tribe/Consortium shall include in the construction project agreement or funding agreement that includes a construction project or program a provision for the submission to the Secretary of progress reports and financial status reports not less than semi-annually commencing after funding for the project is received by the Tribe/Consortium and continuing until the construction of the project is complete.