Page:United States Statutes at Large Volume 114 Part 1.djvu/749

 PUBLIC LAW 106-260—AUG. 18, 2000 114 STAT. 713 "TITLE V—TRIBAL SELF-GOVERNANCE "SEC. 501. DEFINITIONS. 25 USC 458aaa. "(a) IN GENERAL.— In this title: "(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 4(m), that may otherwise be included in a funding agreement under this title. "(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 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 502. "(8) TRIBAL SHARE.— The term 'tribal share' means an Indian tribe's portion of all funds and resources that support

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