§ 1000.1355 What provisions must a Tribe/Consortium include in a construction project agreement or funding agreement that contains a construction project or program?

(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.