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25 U.S.C. § 5399 — Construction projects
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Indian tribes participating in tribal self-governance may carry out construction projects under this subchapter if they elect to assume all Federal responsibilities under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.), division A of subtitle III of title 54, and related provisions of law that would apply if the Secretary were to undertake a construction project, by adopting a resolution—
(1) designating a certifying officer to represent the Indian tribe 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 proposals shall be negotiated pursuant to the statutory process in [section 5324(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324/m&num=0&edition=prelim) and resulting construction project agreements shall be incorporated into funding agreements as addenda.
**(c) Codes and standards** The Indian tribe and the Secretary 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 shall assume responsibility for the successful completion of the construction project in accordance with the negotiated construction project agreement.
**(e) Funding** Funding for construction projects carried out under this subchapter shall be
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Source location: Title 25, Chapter 46, § 5399; chapter-046-indian-self-determination-and-education-assistance.md
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**(a) In general** Indian tribes participating in tribal self-governance may carry out construction projects under this subchapter if they elect to assume all Federal responsibilities under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.), division A of subtitle III of title 54, and related provisions of law that would apply if the Secretary were to undertake a construction project, by adopting a resolution—
(1) designating a certifying officer to represent the Indian tribe 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 proposals shall be negotiated pursuant to the statutory process in [section 5324(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324/m&num=0&edition=prelim) and resulting construction project agreements shall be incorporated into funding agreements as addenda.
**(c) Codes and standards** The Indian tribe and the Secretary 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 shall assume responsibility for the successful completion of the construction project in accordance with the negotiated construction project agreement.
**(e) Funding** Funding for construction projects 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. 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 shall include associated project contingency funds with each advance payment installment. The Indian tribe shall be responsible for the management of the contingency funds included in funding agreements.
**(f) Approval** The Secretary shall have at least one opportunity to approve project planning and design documents prepared by the Indian tribe in advance of construction of the facilities specified in the scope of work for each negotiated construction project agreement or amendment thereof which results in a significant change in the original scope of work. The Indian tribe shall provide the Secretary with project progress and financial reports not less than semiannually. The Secretary may conduct onsite project oversight visits semiannually or on an alternate schedule agreed to by the Secretary and the Indian tribe.
**(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 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 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, and 3147 of title 40 are applicable under this section, the Secretary of Labor shall have the authority and functions set forth in the Reorganization Plan numbered 14, of 1950, and [section 3145 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3145&num=0&edition=prelim).
**(h) Application of other laws** Unless otherwise agreed to by the Indian tribe, no provision of division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41, 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 conducted under this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
**(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 89–665, title IV, § 406, as added Pub. L. 102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat. 4767, related to grants and transfers, contracts and cooperative agreements, and appropriations. See [section 305305 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section305305&num=0&edition=prelim), National Park Service and Related Programs.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Labor shall prescribe reasonable regulations for contractors and subcontractors engaged in constructing, carrying out, completing, or repairing public buildings, public works, or buildings or works that at least partly are financed by a loan or grant from the Federal Government. The regulations shall include a provision that each contractor and subcontractor each week must furnish a statement on the wages paid each employee during the prior week.
**(b) Application.—** [Section 1001 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1001&num=0&edition=prelim) applies to the statements.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458aaa–18 was editorially reclassified as [section 5399 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5399&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Page 788
TITLE 25—INDIANS
§ 5397
Subchapter I of this chapter, referred to in subsec.
(b), was in the original ‘‘title I’’, meaning title I of Pub.
L. 93–638, known as the Indian Self-Determination Act,
which is classified principally to subchapter I (§ 5321 et
seq.) of this chapter. For complete classification of
title I to the Code, see Short Title note set out under
section 5301 of this title and Tables.
CODIFICATION
Section was formerly classified to section 458aaa–15
of this title prior to editorial reclassification and re-
numbering as this section.
§ 5397. Regulations
(a) In general
(1) Promulgation
Not later than 90 days after August 18, 2000,
the Secretary shall initiate procedures under
subchapter III of chapter 5 of title 5 to nego-
tiate and promulgate such regulations as are
necessary to carry out this subchapter.
(2) Publication of proposed regulations
Proposed regulations to implement this sub-
chapter shall be published in the Federal Reg-
ister by the Secretary no later than 1 year
after August 18, 2000.
(3) Expiration of authority
The authority to promulgate regulations
under paragraph (1) shall expire 21 months
after August 18, 2000.
(b) Committee
(1) In general
A negotiated rulemaking committee estab-
lished pursuant to section 565 of title 5 to
carry out this section shall have as its mem-
bers only Federal and tribal government rep-
resentatives, a majority of whom shall be
nominated by and be representatives of Indian
tribes with funding agreements under this
chapter.
(2) Requirements
The committee shall confer with, and ac-
commodate participation by, representatives
of Indian tribes, inter-tribal consortia, tribal
organizations, and individual tribal members.
(c) Adaptation of procedures
The Secretary shall ad
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Federal law — U.S. Code and appendices · legal_authorities
Page 6095
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 4321
Sec.
4368a.
Utilization of talents of older Americans in
projects of pollution prevention, abate-
ment, and control.
4368b.
General assistance program.
4369.
Miscellaneous reports.
4369a.
Reports on environmental research and devel-
opment activities of Agency.
4370.
Reimbursement for use of facilities.
4370a.
Assistant Administrators of Environmental
Protection Agency; appointment; duties.
4370b.
Availability of fees and charges to carry out
Agency programs.
4370c.
Environmental Protection Agency fees.
4370d.
Percentage of Federal funding for organiza-
tions owned by socially and economically
disadvantaged individuals.
4370e.
Working capital fund in Treasury.
4370f.
Availability of funds after expiration of pe-
riod for liquidating obligations.
4370g.
Availability of funds for uniforms and certain
services.
4370h.
Availability of funds for facilities.
4370i.
Regional liaisons for minority, tribal, and
low-income communities.
4370j.
Municipal Ombudsman.
SUBCHAPTER IV—FEDERAL PERMITTING
IMPROVEMENT
4370m.
Definitions.
4370m–1. Federal Permitting Improvement Steering
Council.
4370m–2. Permitting process improvement.
4370m–3. Interstate compacts.
4370m–4. Coordination of required reviews.
4370m–5. Delegated State permitting programs.
4370m–6. Litigation, judicial review, and savings provi-
sion.
4370m–7. Reports.
4370m–8. Funding for governance, oversight, and proc-
essing of environmental reviews and per-
mits.
4370m–9. Application.
4370m–10. GAO report.
4370m–11. Savings provision.
4370m–12. Repealed.
§ 4321. Congressional declaration of purpose
The purposes of this chapter are: To declare a
national policy which will encourage productive
and enjoyable harmony
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4321
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