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U.S. Code as of:
01/19/04
Section 458bbb. American Indian Education Foundation
(a) In general
As soon as practicable after December 27, 2000, the Secretary of
the Interior shall establish, under the laws of the District of
Columbia and in accordance with this part, the American Indian
Education Foundation.
(b) Perpetual existence
Except as otherwise provided, the Foundation shall have perpetual
existence.
(c) Nature of corporation
The Foundation shall be a charitable and nonprofit federally
chartered corporation and shall not be an agency or instrumentality
of the United States.
(d) Place of incorporation and domicile
The Foundation shall be incorporated and domiciled in the
District of Columbia.
(e) Purposes
The purposes of the Foundation shall be -
(1) to encourage, accept, and administer private gifts of real
and personal property or any income therefrom or other interest
therein for the benefit of, or in support of, the mission of the
Office of Indian Education Programs of the Bureau of Indian
Affairs (or its successor office);
(2) to undertake and conduct such other activities as will
further the educational opportunities of American Indians who
attend a Bureau funded school; and
(3) to participate with, and otherwise assist, Federal, State,
and tribal governments, agencies, entities, and individuals in
undertaking and conducting activities that will further the
educational opportunities of American Indians attending Bureau
funded schools.
(f) Board of Directors
(1) In general
The Board of Directors shall be the governing body of the
Foundation. The Board may exercise, or provide for the exercise
of, the powers of the Foundation.
(2) Selection
The number of members of the Board, the manner of their
selection (including the filling of vacancies), and their terms
of office shall be as provided in the constitution and bylaws of
the Foundation. However, the Board shall have at least 11
members, two of whom shall be the Secretary and the Assistant
Secretary of the Interior for Indian Affairs, who shall serve as
ex officio nonvoting members, and the initial voting members of
the Board shall be appointed by the Secretary not later than 6
months after the date that the Foundation is established and
shall have staggered terms (as determined by the Secretary).
(3) Qualification
The members of the Board shall be United States citizens who
are knowledgeable or experienced in American Indian education and
shall, to the extent practicable, represent diverse points of
view relating to the education of American Indians.
(4) Compensation
Members of the Board shall not receive compensation for their
services as members, but shall be reimbursed for actual and
necessary travel and subsistence expenses incurred by them in the
performance of the duties of the Foundation.
(g) Officers
(1) In general
The officers of the Foundation shall be a secretary, elected
from among the members of the Board, and any other officers
provided for in the constitution and bylaws of the Foundation.
(2) Secretary of Foundation
The secretary shall serve, at the direction of the Board, as
its chief operating officer and shall be knowledgeable and
experienced in matters relating to education in general and
education of American Indians in particular.
(3) Election
The manner of election, term of office, and duties of the
officers shall be as provided in the constitution and bylaws of
the Foundation.
(h) Powers
The Foundation -
(1) shall adopt a constitution and bylaws for the management of
its property and the regulation of its affairs, which may be
amended;
(2) may adopt and alter a corporate seal;
(3) may make contracts, subject to the limitations of this
subchapter;
(4) may acquire (through a gift or otherwise), own, lease,
encumber, and transfer real or personal property as necessary or
convenient to carry out the purposes of the Foundation;
(5) may sue and be sued; and
(6) may perform any other act necessary and proper to carry out
the purposes of the Foundation.
(i) Principal office
The principal office of the Foundation shall be in the District
of Columbia. However, the activities of the Foundation may be
conducted, and offices may be maintained, throughout the United
States in accordance with the constitution and bylaws of the
Foundation.
(j) Service of process
The Foundation shall comply with the law on service of process of
each State in which it is incorporated and of each State in which
the Foundation carries on activities.
(k) Liability of officers and agents
The Foundation shall be liable for the acts of its officers and
agents acting within the scope of their authority. Members of the
Board are personally liable only for gross negligence in the
performance of their duties.
(l) Restrictions
(1) Limitation on spending
Beginning with the fiscal year following the first full fiscal
year during which the Foundation is in operation, the
administrative costs of the Foundation may not exceed 10 percent
of the sum of -
(A) the amounts transferred to the Foundation under
subsection (m) of this section during the preceding fiscal
year; and
(B) donations received from private sources during the
preceding fiscal year.
(2) Appointment and hiring
The appointment of officers and employees of the Foundation
shall be subject to the availability of funds.
(3) Status
Members of the Board, and the officers, employees, and agents
of the Foundation are not, by reason of their association with
the Foundation, officers, employees, or agents of the United
States.
(m) Transfer of donated funds
The Secretary may transfer to the Foundation funds held by the
Department of the Interior under section 451 of this title, if the
transfer or use of such funds is not prohibited by any term under
which the funds were donated.
(n) Audits
The Foundation shall comply with the audit requirements set forth
in section 10101 of title 36, as if it were a corporation in part B
of subtitle II of that title.
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