If the Secretaries identify a design deficiency that may jeopardize public health and safety if the facility is completed, they must:

(a) Immediately notify the Tribe of the design deficiency and request that the Tribe promptly resolve the deficiency under the standards in §170.454; and

(b) For a BIA-prepared PS&E package, promptly resolve the deficiency under the standards in §170.454 and notify the Tribe of the required design changes.


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