
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC458aaa-8]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
    SUBCHAPTER II--INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
 
          Part E--Tribal Self-Governance--Indian Health Service
 
Sec. 458aaa-8. Construction projects


(a) In general

    Indian tribes participating in tribal self-governance may carry out 
construction projects under this part if they elect to assume all 
Federal responsibilities under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), the National Historic Preservation Act 
(16 U.S.C. 470 et seq.), 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 450j(m) of this title 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 part 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 subchapter 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 the 
Davis-Bacon Act of March 3, 1931 (46 Stat. 1494) [40 U.S.C. 276a et 
seq.]. With respect to construction alteration, or repair work to which 
the Act of March 3, 1931, is 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 276c of title 
40.

(h) Application of other laws

    Unless otherwise agreed to by the Indian tribe, no provision of the 
Office of Federal Procurement Policy Act [41 U.S.C. 401 et seq.], 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 
part.

(Pub. L. 93-638, title V, Sec. 509, as added Pub. L. 106-260, Sec. 4, 
Aug. 18, 2000, 114 Stat. 724.)

                       References in Text

    The National Environmental Policy Act of 1969, referred to in 
subsec. (a), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, 
which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title 
42, The Public Health and Welfare. For complete classification of this 
Act to the Code, see Short Title note set out under section 4321 of 
Title 42 and Tables.
    The National Historic Preservation Act, referred to in subsec. (a), 
is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended, which is 
classified generally to subchapter II (Sec. 470 et seq.) of chapter 1A 
of Title 16, Conservation. For complete classification of this Act to 
the Code, see section 470(a) of Title 16 and Tables.
    The Davis-Bacon Act of March 3, 1931, referred to in subsec. (g), is 
act Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which is 
classified generally to sections 276a to 276a-5 of Title 40, Public 
Buildings, Property, and Works. For complete classification of this Act 
to the Code, see Short Title note set out under section 276a of Title 40 
and Tables.
    Reorganization Plan numbered 14, of 1950, referred to in subsec. 
(g), is set out in the Appendix to Title 5, Government Organization and 
Employees.
    The Office of Federal Procurement Policy Act, referred to in subsec. 
(h), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as amended, which 
is classified principally to chapter 7 (Sec. 401 et seq.) of Title 41, 
Public Contracts. For complete classification of this Act to the Code, 
see Short Title note set out under section 401 of Title 41 and Tables.
