Section 1000.249 - What is the Secretary's role in a construction program in an AFA?The Secretary has the following role regarding a construction program contained in an AFA:
(a) Except as provided in § 1000.256 , the Secretary may review and approve planning and design documents in accordance with terms negotiated in the AFA to ensure health and safety standards and compliance with Federal law and other program mandates;(b) Unless otherwise agreed to in an AFA, the Secretary reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use for Federal Government purposes, designs produced in the construction program that are funded by AFA monies, including:(1) The copyright to any work developed under a contract or subcontract; and(2) Any rights of copyright that an Indian Tribe/Consortium or a Tribal contractor purchases through the AFA;(c) The Secretary may conduct on-site monitoring visits as negotiated in the AFA;(d) The Secretary must approve any proposed changes in the construction program or activity that require an increase in the negotiated AFA funding amount or an increase in the negotiated performance period or are a significant departure from the scope or objective of the construction program as agreed to in the AFA;(e) The Secretary may conduct final project inspection jointly with the Indian Tribe/Consortium and may accept the construction project or activity as negotiated in the AFA;(f) Where the Secretary and the Tribe/Consortium share construction program activities, the AFA may provide for the exchange of information;(g) The Secretary may reassume the construction portion of an AFA if there is a finding of:(1) A significant failure to substantially carry out the terms of the AFA without good cause; or(2) Imminent jeopardy to a physical trust asset, to a natural resource, or that adversely affects public health and safety as provided in subpart M of this part.