Page:United States Statutes at Large Volume 115 Part 2.djvu/1078

 115 STAT. 2062 PUBLIC LAW 107-110-^AN. 8, 2002 "(11) INDIAN ORGANIZATION. —The term 'Indian organization' means any group, association, partnership, corporation, or other legal entity owned or controlled by a federally recognized Indian tribe or tribes, or a majority of whose members are members of federally recognized tribes. "(12) INHERENTLY FEDERAL FUNCTIONS.— The term 'inherently Federal functions' means functions and responsibilities which, under section 1126(c), are noncontractable, including— "(A) the allocation and obligation of Federal funds and determinations as to the amounts of expenditures; "(B) the administration of Federal personnel laws for Federal employees; "(C) the administration of Federal contracting and grant laws, including the monitoring and auditing of contracts and grants in order to maintain the continuing trust, programmatic, and fiscal responsibilities of the Secretary; "(D) the conducting of administrative hearings and deciding of administrative appeals; "(E) the determination of the Secretary's views and recommendations concerning administrative appeals or litigation and the representation of the Secretary in administrative appeals and litigation; "(F) the issuance of Federal regulations and policies as well as any documents published in the Federal Register; "(G) reporting to Congress and the President; "(H) the formulation of the Secretary's and the President's policies and their budgetary and legislative recommendations and views; and "(I) the nondelegable statutory duties of the Secretary relating to trust resources. "(13) LOCAL EDUCATIONAL AGENCY.—The term 'local educational agency' means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a county, township, or independent or other school district located within a State, and includes any State agency that directly operates and maintains facilities for providing free public education. "(14) LOCAL SCHOOL BOARD. —The term 'local school board', when used with respect to a Bureau school, means a body chosen in accordance with the laws of the tribe to be served or, in the absence of such laws, elected by the parents of the Indian children attending the school, except that, for a school serving a substantial number of students from different tribes— "(A) the members of the body shall be appointed by the tribal governing bodies of the tribes affected; and "(B) the number of such members shall be determined by the Secretary in consultation with the affected tribes. "(15) OFFICE. —The term 'Office' means the Office of Indian Education Programs within the Bureau. "(16) REGULATION.— "(A) IN GENERAL.—The term 'regulation' means any part of a statement of general or particular applicability of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this Act. "(B) RULE OF CONSTRUCTION.—Nothing in subparagraph (A) or any other provision of this title shall be

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