# 25 C.F.R. § 1000.1301 (2025): What key construction terms do I need to know?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_1301

## Section

- **Citation:** 25 C.F.R. § 1000.1301 (2025)
- **Heading:** What key construction terms do I need to know?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 25 CFR: Indians / Chapter VI: OFFICE OF THE ASSISTANT SECRETARY, INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR / Part 1000: ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT / Subpart K: Construction / § 1000.1301: § 1000.1301   What key construction terms do I need to know?

## Text

Budget
means a statement of the funds required to complete the scope of work in a construction project. For cost reimbursement agreements, budgets may be stated using broad categories such as planning, design, construction, project administration, and contingency. For fixed price agreements, budgets may be stated as lump sums, unit cost pricing, or a combination thereof.
Construction management services
(CMS) means activities limited to administrative support services; coordination; and monitoring oversight of the planning, design, and construction process. CMS activities typically include:
(1) Coordination and information exchange between the Tribe/Consortium and the Federal Government;
(2) Preparation of a Tribe's/Consortium's project agreement; and
(3) A Tribe's/Consortium's subcontract scope of work identification and subcontract preparation, and competitive selection of construction contract subcontractors.
Construction phase
is the phase of a construction project during which the project is constructed, and includes labor, materials, equipment and services necessary to complete the work, in accordance with the construction project agreement.
Construction program
or
construction project
means a Tribal undertaking relating to the administration, planning, environmental determination, design, construction, repair, improvement, or expansion of roads, bridges, buildings, structures, systems, or other facilities for purposes of housing, law enforcement, detention, sanitation, water supply, education, administration, community, health, irrigation, agriculture, conservation, flood control, transportation, or port facilities, or for other Tribal purposes.
Construction project agreement
means a negotiated agreement between the Secretary and a Tribe/Consortium, that at a minimum:
(1) Establishes project phase start and completion dates, which may extend over a period of one or more years;
ducation, administration, community, health, irrigation, agriculture, conservation, flood control, transportation, or port facilities, or for other Tribal purposes.
Construction project agreement
means a negotiated agreement between the Secretary and a Tribe/Consortium, that at a minimum:
(1) Establishes project phase start and completion dates, which may extend over a period of one or more years;
(2) Provides a general description of the project, including the scope of work, references to design criteria and standards by which it will be accomplished, and other terms and conditions;
(3) Identifies the responsibilities of the Tribe/Consortium and the Secretary;
(4) Addresses how project-related environmental considerations will be addressed;
(5) Identifies the owner and operations and maintenance entity of the proposed work;
(6) Provides a budget;
(7) Provides a payment process;
(8) Establishes the duration of the agreement based on the time necessary to complete the specified scope of work, which may be one or more years; and
(9) Identifies the agreement of the Secretary and Tribe/Consortium over which entity will bear any additional costs necessary to meet changes in scope, or errors or omissions in design and construction.
Design phase
is the phase of a construction project during which project plans, specifications, and other documents are prepared that are used to construct the project. Site investigation, final site selection and environmental review and determination activities are completed in this phase if not conducted as part of the planning phase.
NEPA
means the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.
).
NHPA
means the National Historic Preservation Act (16 U.S.C. 470
et seq.
).
Planning phase
is the phase of a construction project agreement during which planning services are provided
on and environmental review and determination activities are completed in this phase if not conducted as part of the planning phase.
NEPA
means the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.
).
NHPA
means the National Historic Preservation Act (16 U.S.C. 470
et seq.
).
Planning phase
is the phase of a construction project agreement during which planning services are provided.
Planning services
may include performing a needs assessment, completing and/or verifying master plans, developing justification documents, conducting pre-design site investigations, developing budget cost estimates, conducting feasibility studies as needed, conducting environmental review activities and justifying the need for the project.
SHPO
means State Historic Preservation Officer.
Scope of work
or
specific scope of work
means a brief written description of the work to be accomplished under the construction project, sufficient to confirm that the project is consistent with the purpose for which the Secretary has allocated funds.
THPO
means Tribal Historic Preservation Officer.

## Nearby sections

- [25 C.F.R. § 1000.1301 (2025) § 1000.1301   What key construction terms do I need to know?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_1301.md)
- [25 C.F.R. § 1000.1305 (2025) § 1000.1305   What construction projects and programs included in a funding agreement or construction project agreement are subject to this subpart?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_1305.md)
- [25 C.F.R. § 1000.1306 (2025) § 1000.1306   May a program or project-specific grant or contracting mechanism involving construction and related activities satisfy the requirements of this subpart?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_1306.md)
- [25 C.F.R. § 1000.1307 (2025) § 1000.1307   May the Secretary accept funds from another Department for a program or project involving construction and related activities for transfer to the Tribe/Consortium under its funding agreement or construction project agreement?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_1307.md)
- [25 C.F.R. § 1000.1310 (2025) § 1000.1310   What alternatives are available for a Tribe/Consortium to perform a construction program or project?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_1310.md)
- [25 C.F.R. § 1000.1315 (2025) § 1000.1315   Does this subpart create an agency relationship?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_1315.md)
- [25 C.F.R. § 1000.1320 (2025) § 1000.1320   Is the Secretary required to consult with affected Tribes/Consortia concerning construction projects and programs?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_1320.md)
- [25 C.F.R. § 1000.1325 (2025) § 1000.1325   When does the Secretary confer with a Tribe/Consortium concerning Tribal preferences as to size, location, type, and other characteristics of a project?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_1325.md)
- [25 C.F.R. § 1000.1330 (2025) § 1000.1330   What does a Tribe/Consortium do if it wants to perform a construction project or program under 25 U.S.C. 5367?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_1330.md)
- [25 C.F.R. § 1000.1335 (2025) § 1000.1335   What must a Tribal proposal for a construction program or project contain?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_1335.md)
- [25 C.F.R. § 1000.1340 (2025) § 1000.1340   May multiple projects be included in a single construction project agreement or funding agreement that includes a construction project?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_1340.md)
- [25 C.F.R. § 1000.1345 (2025) § 1000.1345   Must a construction project proposal incorporate provisions of Federal construction guidelines and manuals?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_1345.md)
- [25 C.F.R. § 1000.1350 (2025) § 1000.1350   What provisions relating to a construction project or program may be included in a funding agreement or construction project agreement?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_1350.md)
- [25 C.F.R. § 1000.1355 (2025) § 1000.1355   What provisions must a Tribe/Consortium include in a construction project agreement or funding agreement that contains a construction project or program?](https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_1355.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T25_P1000_S1000_1301. Check the current official text before relying on it. Not legal advice.
