§ 5361. Definitions

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In this subchapter:

(1)Compact The term “compact” means a self-governance compact entered into under section 5364 of this title.

(2)Construction program; construction project The term “construction program” or “construction project” means a Tribal undertaking relating to the administration, planning, environmental determination, design, construction, repair, improvement, or expansion of roads, bridges, buildings, structures, systems, or other facilities for purposes of housing, law enforcement, detention, sanitation, water supply, education, administration, community, health, irrigation, agriculture, conservation, flood control, transportation, or port facilities, or for other Tribal purposes.

(3)Department The term “Department” means the Department of the Interior.

(4)Funding agreement The term “funding agreement” means a funding agreement entered into under section 5363 of this title.

(5)Gross mismanagement The term “gross mismanagement” means a significant violation, shown by a preponderance of the evidence, of a compact, funding agreement, or statutory or regulatory requirement applicable to Federal funds for a program administered by an Indian Tribe under a compact or funding agreement.

(6)Inherent Federal function The term “inherent Federal function” means a Federal function that may not legally be delegated to an Indian Tribe.

(7)Non-BIA program The term “non-BIA program” means all or a portion of a program, function, service, or activity that is administered by any bureau, service, office, or agency of the Department of the Interior other than—

(A)the Bureau of Indian Affairs;

(B)the Office of the Assistant Secretary for Indian Affairs; or

(C)the Office of the Special Trustee for American Indians.

(8)Program The term “program” means any program, function, service, or activity (or portion thereof) within the Department that is included in a funding agreement.

(9)Secretary The term “Secretary” means the Secretary of the Interior.

(10)Self-determination contract The term “self-determination contract” means a self-determination contract entered into under section 5321 of this title.

(11)Self-governance The term “self-governance” means the Tribal Self-Governance Program established under section 5362 of this title.

(12)Tribal share The term “Tribal share” means the portion of all funds and resources of an Indian Tribe that—

(A)support any program within the Bureau of Indian Affairs, the Office of the Special Trustee for American Indians, or the Office of the Assistant Secretary for Indian Affairs; and

(B)are not required by the Secretary for the performance of an inherent Federal function.

(13)Tribal water rights settlement The term “Tribal water rights settlement” means any settlement, compact, or other agreement expressly ratified or approved by an Act of Congress that—

(A)includes an Indian Tribe and the United States as parties; and

(B)quantifies or otherwise defines any water right of the Indian Tribe.

(Pub. L. 93–638, title IV, § 401, as added Pub. L. 103–413, title II, § 204, Oct. 25, 1994, 108 Stat. 4271; Pub. L. 116–180, title I, § 101(b), Oct. 21, 2020, 134 Stat. 858.)

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