; or (2) an administrative law judge. (i) Rules of construction Subject to section 101(a) of the PROGRESS for Indian Tribes Act , each provision of this title and each provision of a compact or funding agreement shall be liberally construed for the benefit of the Indian Tribe participating in self-governance, and any ambiguity shall be resolved in favor of the Indian Tribe. 407. Construction programs and projects (a) In general Indian Tribes participating in Tribal self-governance may carry out any construction project included in a compact or funding agreement under this title. (b) Tribal option To carry out certain Federal environmental activities In carrying out a construction project under this title, an Indian Tribe may, subject to the agreement of the Secretary, elect to assume some Federal responsibilities under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), division A of subtitle III of title 54, United States Code, and related provisions of other law and regulations that would apply if the Secretary were to undertake a construction project, by adopting a resolution— (1) designating a certifying Tribal officer to represent the Indian Tribe and to assume the status of a responsible Federal official under those Acts, laws, or regulations