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Title 42

Displaying title 42, up to date as of 7/14/2026. Title 42 was last amended 7/01/2026.
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  1. Title 42 —Public Health
  2. Chapter I —Public Health Service, Department of Health and Human Services
  3. Subchapter M —Indian Health Service, Department of Health and Human Services
  4. Part 137 —Tribal Self-Governance
  5. Subpart N —Construction
  6. NEPA Process   View Full Text
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eCFR Content

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Title 42Public HealthPart / Section
Chapter IPublic Health Service, Department of Health and Human Services2 – 199
Subchapter MIndian Health Service, Department of Health and Human Services136 – 199
Part 137Tribal Self-Governance137.1 – 137.450
Subpart NConstruction137.270 – 137.379
NEPA Process137.285 – 137.312
§ 137.285Are Self-Governance Tribes required to accept Federal environmental responsibilities to enter into a construction project agreement?
§ 137.286Do Self-Governance Tribes become Federal agencies when they assume these Federal environmental responsibilities?
§ 137.287What is the National Environmental Policy Act (NEPA)?
§ 137.288What is the National Historic Preservation Act (NHPA)?
§ 137.289What is a Federal undertaking under NHPA?
§ 137.290What additional provisions of law are related to NEPA and NHPA?
§ 137.291May Self-Governance Tribes carry out construction projects without assuming these Federal environmental responsibilities?
§ 137.292How do Self-Governance Tribes assume environmental responsibilities for construction projects under section 509 of the Act [25 U.S.C. 458aaa-8]?
§ 137.293Are Self-Governance Tribes required to adopt a separate resolution or take equivalent Tribal action to assume environmental responsibilities for each construction project agreement?
§ 137.294What is the typical IHS environmental review process for construction projects?
§ 137.295May Self-Governance Tribes elect to develop their own environmental review process?
§ 137.296How does a Self-Governance Tribe comply with NEPA and NHPA?
§ 137.297If the environmental review procedures of a Federal agency are adopted by a Self-Governance Tribe, is the Self-Governance Tribe responsible for ensuring the agency's policies and procedures meet the requirements of NEPA, NHPA, and related environmental laws?
§ 137.298Are Self-Governance Tribes required to comply with Executive Orders to fulfill their environmental responsibilities under section 509 of the Act [25 U.S.C. 458aaa-8]?
§ 137.299Are Federal funds available to cover the cost of Self-Governance Tribes carrying out environmental responsibilities?
§ 137.300Since Federal environmental responsibilities are new responsibilities, which may be assumed by Tribes under section 509 of the Act [25 U.S.C. 458aaa-8], are there additional funds available to Self-Governance Tribes to carry out these formerly inherently Federal responsibilities?
§ 137.301How are project and program environmental review costs identified?
§ 137.302Are Federal funds available to cover start-up costs associated with initial Tribal assumption of environmental responsibilities?
§ 137.303Are Federal or other funds available for training associated with Tribal assumption of environmental responsibilities?
§ 137.304May Self-Governance Tribes buy back environmental services from the IHS?
§ 137.305May Self-Governance Tribes act as lead, cooperating, or joint lead agencies for environmental review purposes?
§ 137.306How are Self-Governance Tribes recognized as having lead, cooperating, or joint lead agency status?
§ 137.307What Federal environmental responsibilities remain with the Secretary when a Self-Governance Tribe assumes Federal environmental responsibilities for construction projects under section 509 of the Act [25 U.S.C. 458aaa-8]?
§ 137.308Does the Secretary have any enforcement authority for Federal environmental responsibilities assumed by Tribes under section 509 of the Act [25 U.S.C. 458aaa-8]?
§ 137.309How are NEPA and NHPA obligations typically enforced?
§ 137.310Are Self-Governance Tribes required to grant a limited waiver of their sovereign immunity to assume Federal environmental responsibilities under section 509 of the Act [25 U.S.C. 458aaa-8]?
§ 137.311Are Self-Governance Tribes entitled to determine the nature and scope of the limited immunity waiver required under section 509(a)(2) of the Act [25 U.S.C. 458aaa-8(a)(2)]?
§ 137.312Who is the proper defendant in a civil enforcement action under section 509(a)(2) of the Act [25 U.S.C. 458aaa-8(a)(2)]?
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