25 USC 458aaa - Definitions
(a) In general
In this part:
In this part:
(1) Construction project
The term construction project
The term construction project
(A) means an organized noncontinuous undertaking to complete a specific set of predetermined objectives for the planning, environmental determination, design, construction, repair, improvement, or expansion of buildings or facilities, as described in a construction project agreement; and
(2) Construction project agreement
The term construction project agreement means a negotiated agreement between the Secretary and an Indian tribe, that at a minimum
The term construction project agreement means a negotiated agreement between the Secretary and an Indian tribe, that at a minimum
(A) establishes project phase start and completion dates;
(B) defines a specific scope of work and standards by which it will be accomplished;
(C) identifies the responsibilities of the Indian tribe and the Secretary;
(D) addresses environmental considerations;
(E) identifies the owner and operations and maintenance entity of the proposed work;
(F) provides a budget;
(G) provides a payment process; and
(H) establishes the duration of the agreement based on the time necessary to complete the specified scope of work, which may be 1 or more years.
(3) Gross mismanagement
The term gross mismanagement means a significant, clear, and convincing violation of a compact, funding agreement, or regulatory, or statutory requirements applicable to Federal funds transferred to an Indian tribe by a compact or funding agreement that results in a significant reduction of funds available for the programs, services, functions, or activities (or portions thereof) assumed by an Indian tribe.
The term gross mismanagement means a significant, clear, and convincing violation of a compact, funding agreement, or regulatory, or statutory requirements applicable to Federal funds transferred to an Indian tribe by a compact or funding agreement that results in a significant reduction of funds available for the programs, services, functions, or activities (or portions thereof) assumed by an Indian tribe.
(4) Inherent Federal functions
The term inherent Federal functions means those Federal functions which cannot legally be delegated to Indian tribes.
The term inherent Federal functions means those Federal functions which cannot legally be delegated to Indian tribes.
(5) Inter-tribal consortium
The term inter-tribal consortium means a coalition of two[1] more separate Indian tribes that join together for the purpose of participating in self-governance, including tribal organizations.
The term inter-tribal consortium means a coalition of two[1] more separate Indian tribes that join together for the purpose of participating in self-governance, including tribal organizations.
(6) Secretary
The term Secretary means the Secretary of Health and Human Services.
The term Secretary means the Secretary of Health and Human Services.
(7) Self-governance
The term self-governance means the program of self-governance established under section 458aaa–1 of this title.
The term self-governance means the program of self-governance established under section 458aaa–1 of this title.
(8) Tribal share
The term tribal share means an Indian tribes portion of all funds and resources that support secretarial programs, services, functions, and activities (or portions thereof) that are not required by the Secretary for performance of inherent Federal functions.
The term tribal share means an Indian tribes portion of all funds and resources that support secretarial programs, services, functions, and activities (or portions thereof) that are not required by the Secretary for performance of inherent Federal functions.
(b) Indian tribe
In any case in which an Indian tribe has authorized another Indian tribe, an inter-tribal consortium, or a tribal organization to plan for or carry out programs, services, functions, or activities (or portions thereof) on its behalf under this part, the authorized Indian tribe, inter-tribal consortium, or tribal organization shall have the rights and responsibilities of the authorizing Indian tribe (except as otherwise provided in the authorizing resolution or in this part). In such event, the term Indian tribe as used in this part shall include such other authorized Indian tribe, inter-tribal consortium, or tribal organization.
In any case in which an Indian tribe has authorized another Indian tribe, an inter-tribal consortium, or a tribal organization to plan for or carry out programs, services, functions, or activities (or portions thereof) on its behalf under this part, the authorized Indian tribe, inter-tribal consortium, or tribal organization shall have the rights and responsibilities of the authorizing Indian tribe (except as otherwise provided in the authorizing resolution or in this part). In such event, the term Indian tribe as used in this part shall include such other authorized Indian tribe, inter-tribal consortium, or tribal organization.
[1] So in original. Probably should be followed by “or”.