{"identifier":"/us/usc/t25/s5361","title":25,"num":"\u00a7\u202f5361.","heading":"Definitions","text":"\u00a7\u202f5361.\nDefinitions\nIn this subchapter:\n(1)\nCompact\nThe term \u201ccompact\u201d means a self-governance compact entered into under\nsection 5364 of this title\n(2)\nConstruction program; construction project\nThe term \u201cconstruction program\u201d or \u201cconstruction project\u201d 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.\n(3)\nDepartment\nThe term \u201cDepartment\u201d means the Department of the Interior.\n(4)\nFunding agreement\nThe term \u201cfunding agreement\u201d means a funding agreement entered into under\nsection 5363 of this title\n(5)\nGross mismanagement\nThe term \u201cgross mismanagement\u201d 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.\n(6)\nInherent Federal function\nThe term \u201cinherent Federal function\u201d means a Federal function that may not legally be delegated to an Indian Tribe.\n(7)\nNon-BIA program\nThe term \u201cnon-BIA program\u201d 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\u2014\n(A) the Bureau of Indian Affairs;\n(B) the Office of the Assistant Secretary for Indian Affairs; or\n(C) the Office of the Special Trustee for American Indians.\n(8)\nProgram\nThe term \u201cprogram\u201d means any program, function, service, or activity (or portion thereof) within the Department that is included in a funding agreement.\n(9)\nSecretary\nThe term \u201cSecretary\u201d means the Secretary of the Interior.\n(10)\nSelf-determination contract\nThe term \u201cself-determination contract\u201d means a self-determination contract entered into under\nsection 5321 of this title\n(11)\nSelf-governance\nThe term \u201cself-governance\u201d means the Tribal Self-Governance Program established under\nsection 5362 of this title\n(12)\nTribal share\nThe term \u201cTribal share\u201d means the portion of all funds and resources of an Indian Tribe that\u2014\n(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\n(B) are not required by the Secretary for the performance of an inherent Federal function.\n(13)\nTribal water rights settlement\nThe term \u201cTribal water rights settlement\u201d means any settlement, compact, or other agreement expressly ratified or approved by an Act of Congress that\u2014\n(A) includes an Indian Tribe and the United States as parties; and\n(B) quantifies or otherwise defines any water right of the Indian Tribe.","url":"https://projectusc.org/usc/t25/s5361.html","content":[{"t":"sec","id":"/us/usc/t25/s5361","children":[{"t":"num","text":"\u00a7\u202f5361."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this subchapter:"},{"t":"para","id":"/us/usc/t25/s5361/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Compact"},{"t":"content","children":[{"t":"p","text":"The term \u201ccompact\u201d means a self-governance compact entered into under ","children":[{"t":"ref","text":"section 5364 of this title","href":"/us/usc/t25/s5364","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s5361/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Construction program; construction project"},{"t":"content","children":[{"t":"p","text":"The term \u201cconstruction program\u201d or \u201cconstruction project\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s5361/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Department"},{"t":"content","children":[{"t":"p","text":"The term \u201cDepartment\u201d means the Department of the Interior.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s5361/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Funding agreement"},{"t":"content","children":[{"t":"p","text":"The term \u201cfunding agreement\u201d means a funding agreement entered into under ","children":[{"t":"ref","text":"section 5363 of this title","href":"/us/usc/t25/s5363","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s5361/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Gross mismanagement"},{"t":"content","children":[{"t":"p","text":"The term \u201cgross mismanagement\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s5361/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Inherent Federal function"},{"t":"content","children":[{"t":"p","text":"The term \u201cinherent Federal function\u201d means a Federal function that may not legally be delegated to an Indian Tribe.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s5361/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Non-BIA program"},{"t":"chapeau","text":"The term \u201cnon-BIA program\u201d 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\u2014"},{"t":"subpara","id":"/us/usc/t25/s5361/7/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the Bureau of Indian Affairs;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t25/s5361/7/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the Office of the Assistant Secretary for Indian Affairs; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t25/s5361/7/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" the Office of the Special Trustee for American Indians.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s5361/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Program"},{"t":"content","children":[{"t":"p","text":"The term \u201cprogram\u201d means any program, function, service, or activity (or portion thereof) within the Department that is included in a funding agreement.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s5361/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Secretary"},{"t":"content","children":[{"t":"p","text":"The term \u201cSecretary\u201d means the Secretary of the Interior.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s5361/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Self-determination contract"},{"t":"content","children":[{"t":"p","text":"The term \u201cself-determination contract\u201d means a self-determination contract entered into under ","children":[{"t":"ref","text":"section 5321 of this title","href":"/us/usc/t25/s5321","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s5361/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Self-governance"},{"t":"content","children":[{"t":"p","text":"The term \u201cself-governance\u201d means the Tribal Self-Governance Program established under ","children":[{"t":"ref","text":"section 5362 of this title","href":"/us/usc/t25/s5362","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s5361/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"Tribal share"},{"t":"chapeau","text":"The term \u201cTribal share\u201d means the portion of all funds and resources of an Indian Tribe that\u2014"},{"t":"subpara","id":"/us/usc/t25/s5361/12/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t25/s5361/12/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" are not required by the Secretary for the performance of an inherent Federal function.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s5361/13","children":[{"t":"num","text":"(13)"},{"t":"heading","text":"Tribal water rights settlement"},{"t":"chapeau","text":"The term \u201cTribal water rights settlement\u201d means any settlement, compact, or other agreement expressly ratified or approved by an Act of Congress that\u2014"},{"t":"subpara","id":"/us/usc/t25/s5361/13/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" includes an Indian Tribe and the United States as parties; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t25/s5361/13/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" quantifies or otherwise defines any water right of the Indian Tribe.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}