Regarding construction programs or projects, the Secretary and Indian tribes may negotiate for the inclusion of specific provisions of division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41 and Federal acquisition regulations in any funding agreement entered into under this subchapter. Absent a negotiated agreement, such provisions and regulatory requirements shall not apply. ( Pub. L. 93–638, title V, § 510 , as added Pub. L. 106–260, § 4 , Aug. 18, 2000 , 114 Stat. 726 .) Editorial Notes Codification Section was formerly classified to section 458aaa–9 of this title prior to editorial reclassification and renumbering as this section. In text, “division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41” substituted for “the Office of Federal Procurement and Policy Act ( 41 U.S.C. 401 et seq.)” on authority of Pub. L. 111–350, § 6(c) , Jan. 4, 2011 , 124 Stat. 3854 , which Act enacted Title 41, Public Contracts.