- Board
means the Board of Directors of the Foundation.
- Bureau
means the Office of Justice Services of the Bureau of Indian Affairs.
- Bureau funded school
has the meaning given that term in title XI of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.];
- Committee
means the Committee for the Establishment of the Indian Law Enforcement Foundation established under section 5412(e)(1) of this title.
- compact
means a self-governance compact entered into under section 5364 of this title.
- construction contract
means a fixed-price or cost-reimbursement self-determination contract for a construction project, except that such term does not include any contract—
- construction programs
means programs for the planning, design, construction, repair, improvement, and expansion of buildings or facilities, including, but not limited to, housing, law enforcement and detention facilities, sanitation and water systems, roads, schools, administration and health facilities, irrigation and agricultural work, and water conservation, flood control, or port facilities;
- construction project
means a Tribal undertaking relating to the administration, planning, environmental determination, design, construction, repair, improvement, or expansion of roads, bridges, buildings, structures, systems, or other facilities for purposes of housing, law enforcement, detention, sanitation, water supply, education, administration, community, health, irrigation, agriculture, conservation, flood control, transportation, or port facilities, or for other Tribal purposes.
- construction project agreement
means a negotiated agreement between the Secretary and an Indian tribe, that at a minimum—
- contract funding base
means the base level from which contract funding needs are determined, including all contract costs;
- contracting party
means an entity that has a contract through a program authorized under sections 5342 to 5348 of this title.
- Department
means the Department of the Interior.
- direct program costs
means costs that can be identified specifically with a particular contract objective;
- eligible entity
means an entity that is eligible to apply for a contract for a supplemental or operational support program under sections 5342 to 5348 of this title, as outlined in section 5342 of this title.
- employee
means an employee as defined in section 2105 of title 5.
- existing contracting party
means a contracting party that has a contract under sections 5342 to 5348 of this title that is in effect on December 31, 2018.
- Foundation
means the Foundation established by the Secretary pursuant to section 5421 of this title;
- funding agreement
means a funding agreement entered into under section 5363 of this title.
- gross mismanagement
means a significant violation, shown by a preponderance of the evidence, of a compact, funding agreement, or statutory or regulatory requirement applicable to Federal funds for a program administered by an Indian Tribe under a compact or funding agreement.
- Indian
means a person who is a member of an Indian tribe;
- Indian Tribe
means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians;
- indirect cost rate
means the rate arrived at through negotiation between an Indian tribe or tribal organization and the appropriate Federal agency;
- indirect costs
means costs incurred for a common or joint purpose benefiting more than one contract objective, or which are not readily assignable to the contract objectives specifically benefited without effort disproportionate to the results achieved;
- inherent Federal function
means a Federal function that may not legally be delegated to an Indian Tribe.
- inherent Federal functions
means those Federal functions which cannot legally be delegated to Indian tribes.
- 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.
- mature contract
means a self-determination contract that has been continuously operated by a tribal organization for three or more years, and for which there are no significant and material audit exceptions in the annual financial audit of the tribal organization: Provided, That upon the request of a tribal organization or the tribal organization’s Indian tribe for purposes of section 5321(a) of this title, a contract of the tribal organization which meets this definition shall be considered to be a mature contract;
- new contracting party
means an entity that enters into a contract under sections 5342 to 5348 of this title after December 31, 2018.
- non-BIA program
means all or a portion of a program, function, service, or activity that is administered by any bureau, service, office, or agency of the Department of the Interior other than—
- program
means any program, function, service, or activity (or portion thereof) within the Department that is included in a funding agreement.
- Secretary
means the Secretary of the Interior.
- self-determination contract
means a self-determination contract entered into under section 5321 of this title.
- self-governance
means the Tribal Self-Governance Program established under section 5362 of this title.
- State education agency
means the State board of education or other agency or officer primarily responsible for supervision by the State of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law;
- third-party mediation
means a form of mediation whereby the Secretary and the Contractor nominate a third party who is not employed by or significantly involved with the Secretary of the Interior, the Secretary of Health and Human Services, or the Contractor, to serve as a third-party mediator to mediate disputes under this Contract.
- tribal organization
means the recognized governing body of any Indian tribe;
- Tribal share
means the portion of all funds and resources of an Indian Tribe that—
- Tribal water rights settlement
means any settlement, compact, or other agreement expressly ratified or approved by an Act of Congress that—
- trust services for individual Indians
means only those services that pertain to land or financial management connected to individually held allotments.