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U.S. Code as of:
01/02/2006
Section 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 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.
(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.
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