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U.S. Code as of:
01/19/04
Section 450b. Definitions
For purposes of this subchapter, the term -
(a) "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;
(b) "contract funding base" means the base level from which
contract funding needs are determined, including all contract
costs;
(c) "direct program costs" means costs that can be identified
specifically with a particular contract objective;
(d) "Indian" means a person who is a member of an Indian tribe;
(e) "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;
(f) "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;
(g) "indirect cost rate" means the rate arrived at through
negotiation between an Indian tribe or tribal organization and
the appropriate Federal agency;
(h) "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 450f(a) of this title, a contract of the
tribal organization which meets this definition shall be
considered to be a mature contract;
(i) "Secretary", unless otherwise designated, means either the
Secretary of Health and Human Services or the Secretary of the
Interior or both;
(j) "self-determination contract" means a contract (or grant or
cooperative agreement utilized under section 450e-1 of this
title) entered into under part A of this subchapter between a
tribal organization and the appropriate Secretary for the
planning, conduct and administration of programs or services
which are otherwise provided to Indian tribes and their members
pursuant to Federal law: Provided, That except as provided (!1)
the last proviso in section 450j(a) (!2) of this title, no
contract (or grant or cooperative agreement utilized under
section 450e-1 of this title) entered into under part A of this
subchapter shall be construed to be a procurement contract;
(k) "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;
(l) "tribal organization" means the recognized governing body
of any Indian tribe; any legally established organization of
Indians which is controlled, sanctioned, or chartered by such
governing body or which is democratically elected by the adult
members of the Indian community to be served by such organization
and which includes the maximum participation of Indians in all
phases of its activities: Provided, That in any case where a
contract is let or grant made to an organization to perform
services benefiting more than one Indian tribe, the approval of
each such Indian tribe shall be a prerequisite to the letting or
making of such contract or grant; and
(m) "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 -
(1) that is limited to providing planning services and
construction management services (or a combination of such
services);
(2) for the Housing Improvement Program or roads maintenance
program of the Bureau of Indian Affairs administered by the
Secretary of the Interior; or
(3) for the health facility maintenance and improvement
program administered by the Secretary of Health and Human
Services.
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