§ 450b. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC450b]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER II--INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
Sec. 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;
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\1\ So in original. Probably should be ``provided in''.
\2\ See References in Text note below.
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(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.
(Pub. L. 93-638, Sec. 4, Jan. 4, 1975, 88 Stat. 2204; Pub. L. 100-472,
title I, Sec. 103, Oct. 5, 1988, 102 Stat. 2286; Pub. L. 100-581, title
II, Sec. 208, Nov. 1, 1988, 102 Stat. 2940; Pub. L. 101-301,
Sec. 2(a)(1)-(3), May 24, 1990, 104 Stat. 206; Pub. L. 101-644, title
II, Sec. 202(1), (2), Nov. 29, 1990, 104 Stat. 4665; Pub. L. 103-413,
title I, Sec. 102(1), Oct. 25, 1994, 108 Stat. 4250.)
References in Text
This subchapter, referred to in text, was in the original ``this
Act'', meaning Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as amended,
known as the Indian Self-Determination and Education Assistance Act,
which is classified principally to this subchapter (Sec. 450 et seq.).
For complete classification of this Act to the Code, see Short Title
note set out under section 450 of this title and Tables.
The Alaska Native Claims Settlement Act, referred to in subsec. (e),
is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is
classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43,
Public Lands. For complete classification of this Act to the Code, see
Short Title note set out under section 1601 of Title 43, and Tables.
Part A of this subchapter, referred to in subsec. (j), was in the
original ``title I of this act'', meaning title I of Pub. L. 93-638,
known as the Indian Self-Determination Act, which is classified
principally to part A (Sec. 450f et seq.) of this subchapter. For
complete classification of title I to the Code, see Short Title note set
out under section 450 of this title and Tables.
Section 450j(a) of this title, referred to in subsec. (j), was
repealed and a new subsec. (a) of section 450j was added by Pub. L. 103-
413, title I, Sec. 102(10), Oct. 25, 1994, 108 Stat. 4253, which does
not contain provisos.
Amendments
1994--Subsec. (g). Pub. L. 103-413, Sec. 102(1)(A), substituted
``indirect cost rate'' for ``indirect costs rate''.
Subsec. (m). Pub. L. 103-413, Sec. 102(1)(B)-(D), added subsec. (m).
1990--Subsec. (e). Pub. L. 101-301, Sec. 2(a)(1), inserted a comma
before ``which is recognized''.
Subsec. (h). Pub. L. 101-644, Sec. 202(1), struck out ``in existence
on October 5, 1988,'' before ``which meets this definition''.
Subsec. (j). Pub. L. 101-644, Sec. 202(2), substituted ``contract
(or grant or cooperative agreement utilized under section 450e-1 of this
title) entered'' for ``contract entered'' in two places.
Pub. L. 101-301, Sec. 2(a)(2), (3), substituted ``under this
subchapter'' for ``pursuant to this Act'' in two places and struck out
``the'' before ``Secretary''.
1988--Pub. L. 100-472 amended section generally, substituting
subsecs. (a) to (l) for former subsecs. (a) to (d) and (f) which defined
``Indian'', ``Indian tribe'', ``Tribal organization'', ``Secretary'',
and ``State education agency''.
Subsec. (h). Pub. L. 100-581, Sec. 208(a)(1), substituted ``by a
tribal organization'' for ``by tribal organization''.
Pub. L. 100-581, Sec. 208(a)(2), which directed the amendment of
subsec. (h) by substituting ``a tribal organization or the tribal
organization's Indian tribe for purposes of section 450f(a) of this
title'' for ``a tribal organization or a tribal governing body'' was
executed by substituting the new language for ``a tribal organization or
tribal governing body'' to reflect the probable intent of Congress.
Subsec. (j). Pub. L. 100-581, Sec. 208(b), substituted ``the
Secretary for the planning'' for ``Secretary the planning'' and ``except
as provided the last proviso in section 450j(a) of this title, no
contract'' for ``no contract''.
Section Referred to in Other Sections
This section is referred to in sections 81, 458aaa, 1665c, 2902,
3202, 3307, 3322, 3402, 3602, 4302 of this title; title 2 section 1602;
title 5 section 3371; title 7 sections 940e, 1471, 1926, 1926c, 2008n,
2009bb, 2009dd-2, 2009dd-3, 2012, 2279, 2655, 8103, 8105, 8302; title 8
section 1612; title 10 sections 2323a, 2411; title 15 sections 632,
6312; title 16 sections 1002, 2103, 3451, 3838h; title 20 sections 80q-
14, 1411, 1443, 1461, 2326, 6381a, 7253c, 9402; title 21 sections 381,
399, 679c, 1532; title 22 section 2124c; title 26 sections 3306, 3309;
title 29 sections 2887, 2911; title 31 section 1352; title 33 sections
2269, 2338, 2902; title 38 section 3764; title 42 sections 247b-14,
247b-20, 290ff, 300n, 300w-1, 300x-33, 619, 622, 628, 654, 3057c,
3796ll-2, 3797d, 9858n, 10402, 10407, 10408, 10410, 10414, 10601, 12340;
title 49 section 5102.
