; and (II) with respect to a burial site, village site, or cultural resources discovered at a covered civil works project after construction of the project commences, the Secretary shall, upon request by the affected Indian Tribe, enter into a written memorandum of agreement with the affected Indian Tribe to authorize the necessary recovery and reburial activities not later than 45 days after such discovery. (iii) Limitation Reimbursement under clause (i) shall not exceed 1 percent of the total cost of construction of the applicable covered civil works project, pursuant to the terms outlined in paragraph (6). (4) Tribal monitors (A) In general In carrying out the pilot program, the Secretary may hire a Tribal monitor or monitors, and shall allow any affected Indian Tribe to hire a Tribal monitor or monitors, at Federal expense, during the construction of any covered civil works project, for each area of construction, including for each burial site and village site with respect to which Native American cultural resources are being recovered for reburial. (B) Qualifications The Secretary or affected Indian Tribe, as applicable, shall ensure that preference in hiring Tribal monitors under this paragraph is provided to qualified Native Americans, including individuals who— (i) have a professional relationship with the affected Indian Tribe