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Title 42

Displaying title 42, up to date as of 7/15/2026. 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   View Full Text
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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
Purpose and Scope137.270 – 137.275
§ 137.270What is covered by this subpart?
§ 137.271Why is there a separate subpart in these regulations for construction project agreements?
§ 137.272What other alternatives are available for Self-Governance Tribes to perform construction projects?
§ 137.273What are IHS construction PSFAs?
§ 137.274Does this subpart cover construction programs?
§ 137.275May Self-Governance Tribes include IHS construction programs in a construction project agreement or in a funding agreement?
Construction Definitions137.280
§ 137.280Construction Definitions.
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)]?
Notification (Prioritization Process, Planning, Development and Construction)137.320 – 137.322
§ 137.320Is the Secretary required to consult with affected Indian Tribes concerning construction projects and programs?
§ 137.321How do Indian Tribes and the Secretary identify and request funds for needed construction projects?
§ 137.322Is the Secretary required to notify an Indian Tribe that funds are available for a construction project or a phase of a project?
Project Assumption Process137.325 – 137.344
§ 137.325What does a Self-Governance Tribe do if it wants to perform a construction project under section 509 of the Act [25 U.S.C. 458aaa-8]?
§ 137.326What must a Tribal proposal for a construction project agreement contain?
§ 137.327May multiple projects be included in a single construction project agreement?
§ 137.328Must a construction project proposal incorporate provisions of Federal construction guidelines and manuals?
§ 137.329What environmental considerations must be included in the construction project agreement?
§ 137.330What happens if the Self-Governance Tribe and the Secretary cannot develop a mutually agreeable construction project agreement?
§ 137.331May the Secretary reject a final construction project proposal based on a determination of Tribal capacity or capability?
§ 137.332On what basis may the Secretary reject a final construction project proposal?
§ 137.333What procedures must the Secretary follow if the Secretary rejects a final construction project proposal, in whole or in part?
§ 137.334What happens if the Secretary fails to notify the Self-Governance Tribe of a decision to approve or reject a final construction project proposal within the time period allowed?
§ 137.335What costs may be included in the budget for a construction agreement?
§ 137.336What is the difference between fixed-price and cost-reimbursement agreements?
§ 137.337What funding must the Secretary provide in a construction project agreement?
§ 137.338Must funds from other sources be incorporated into a construction project agreement?
§ 137.339May a Self-Governance Tribe use project funds for matching or cost participation requirements under other Federal and non-Federal programs?
§ 137.340May a Self-Governance Tribe contribute funding to a project?
§ 137.341How will a Self-Governance Tribe receive payment under a construction project agreement?
§ 137.342What happens to funds remaining at the conclusion of a cost reimbursement construction project?
§ 137.343What happens to funds remaining at the conclusion of a fixed price construction project?
§ 137.344May a Self-Governance Tribe reallocate funds among construction project agreements?
Roles of Self-Governance Tribe in Establishing and Implementing Construction Project Agreements137.350 – 137.353
§ 137.350Is a Self-Governance Tribe responsible for completing a construction project in accordance with the negotiated construction project agreement?
§ 137.351Is a Self-Governance Tribe required to submit construction project progress and financial reports for construction project agreements?
§ 137.352What is contained in a construction project progress report?
§ 137.353What is contained in a construction project financial report?
Roles of the Secretary in Establishing and Implementing Construction Project Agreements137.360 – 137.368
§ 137.360Does the Secretary approve project planning and design documents prepared by the Self-Governance Tribe?
§ 137.361Does the Secretary have any other opportunities to approve planning or design documents prepared by the Self-Governance Tribe?
§ 137.362May construction project agreements be amended?
§ 137.363What is the procedure for the Secretary's review and approval of amendments?
§ 137.364What constitutes a significant change in the original scope of work?
§ 137.365What is the procedure for the Secretary's review and approval of project planning and design documents submitted by the Self-Governance Tribe?
§ 137.366May the Secretary conduct onsite project oversight visits?
§ 137.367May the Secretary issue a stop work order under a construction project agreement?
§ 137.368Is the Secretary responsible for oversight and compliance of health and safety codes during construction projects being performed by a Self-Governance Tribe under section 509 of the Act [25 U.S.C. 488aaa-8]?
Other137.370 – 137.379
§ 137.370Do all provisions of this part apply to construction project agreements under this subpart?
§ 137.371Who takes title to real property purchased with funds provided under a construction project agreement?
§ 137.372Does the Secretary have a role in the fee-to-trust process when real property is purchased with construction project agreement funds?
§ 137.373Do Federal real property laws, regulations and procedures that apply to the Secretary also apply to Self-Governance Tribes that purchase real property with funds provided under a construction project agreement?
§ 137.374Does the Secretary have a role in reviewing or monitoring a Self-Governance Tribe's actions in acquiring or leasing real property with funds provided under a construction project agreement?
§ 137.375Are Tribally-owned facilities constructed under section 509 of the Act [25 U.S.C. 458aaa-8] eligible for replacement, maintenance, and improvement funds on the same basis as if title to such property were vested in the United States?
§ 137.376Are design and construction projects performed by Self-Governance Tribes under section 509 of the Act [25 U.S.C. 458aaa-8] subject to Federal metric requirements?
§ 137.377Do Federal procurement laws and regulations apply to construction project agreements performed under section 509 of the Act [25 U.S.C. 458aaa-8]?
§ 137.378Do the Federal Davis-Bacon Act and wage rates apply to construction projects performed by Self-Governance Tribes using their own funds or other non-Federal funds?
§ 137.379Do Davis-Bacon wage rates apply to construction projects performed by Self-Governance Tribes using Federal funds?
eCFR Content