25 CFR §1000.1355

1. (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. (1)The approximate start and completion dates for the project, which may extend over a period of one or more years;
   2. (2)A general description of the project, including the scope of work, references to design criteria, and other terms and conditions;
   3. (3)The responsibilities of the Tribe/Consortium for the project;
   4. (4)How project-related environmental considerations will be addressed;
   5. (5)The amount of Federal funds provided for the project;
   6. (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. (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. (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. (9)The entity responsible to issue any Certificate of Occupancy, if applicable; and
   10. (10)Other terms and conditions the parties mutually agree upon.
2. (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.