What special provisions must be included in an AFA that contains a construction program?

25 C.F.R. § 1000.243
in effectEffective: 2024-07-01
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An AFA that contains a construction program must address the requirements listed in this section. (a) The AFA must specify how the Secretary and the Tribe/Consortium must ensure that proper health and safety standards are provided for in the implementation of the AFA, including but not limited to: (1) The use of architects and engineers licensed to perform the type of construction involved in the AFA; (2) Applicable Federal, state, local or Tribal building codes and applicable engineering standards, appropriate for the particular project; and (3) Necessary inspections and testing by the Tribe. (b) The AFA must comply with applicable Federal laws, program statutes and regulations. (c) The AFA must specify the services to be provided, the work to be performed, and the responsibilities of the Tribe/Consortium and the Secretary under the AFA. (d) The Secretary may require the Tribe/Consortium to provide brief progress reports and financial status reports. The parties may negotiate in the AFA the frequency, format and content of the reporting requirement. As negotiated, these reports may include: (1) A narrative of the work accomplished; (2) The percentage of the work completed; (3) A report of funds expended during the reporting period; and (4) The total funds expended for the project.

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