42 CFR § 137.320 - Is the Secretary required to consult with affected Indian Tribes concerning construction projects and programs?
---
identifier: "/us/cfr/t42/s137.320"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 137.320 - Is the Secretary required to consult with affected Indian Tribes concerning construction projects and programs?"
title_number: 42
title_name: "Public Health"
section_number: "137.320"
section_name: "Is the Secretary required to consult with affected Indian Tribes concerning construction projects and programs?"
chapter_name: "PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "M"
subchapter_name: "INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
part_number: "137"
part_name: "TRIBAL SELF-GOVERNANCE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "25 U.S.C. 458"
regulatory_source: "67 FR 35342, May 17, 2002, unless otherwise noted."
cfr_part: "137"
---
# 137.320 Is the Secretary required to consult with affected Indian Tribes concerning construction projects and programs?
Yes, before developing a new project resource allocation methodology and application process the Secretary must consult with all Indian Tribes. In addition, before spending any funds for planning, design, construction, or renovation projects, whether subject to a competitive application and ranking process or not, the Secretary must consult with any Indian Tribe that would be significantly affected by the expenditure to determine and honor Tribal preferences whenever practicable concerning the size, location, type, and other characteristics of the project.