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U.S. Code as of:
01/19/04
Section 458aaa. Definitions
(a) In general
In this part:
(1) 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
(B) does not include construction program administration and
activities described in paragraphs (1) through (3) of section
450b(m) of this title, that may otherwise be included in a
funding agreement under this part.
(2) Construction project agreement
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.
(4) Inherent Federal functions
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.
(6) Secretary
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.
(8) Tribal share
The term "tribal share" means an Indian tribe's 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.
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