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25 U.S.C. § 5308 — National Fund for Excellence in American Indian Education
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** As soon as practicable after December 27, 2000, the Secretary of the Interior shall establish, under the laws of the District of Columbia and in accordance with this subchapter, a foundation to be known as the “National Fund for Excellence in American Indian Education” (hereinafter referred to as the “Foundation”).
**(b) Perpetual existence** Except as otherwise provided, the Foundation shall have perpetual existence.
**(c) Nature of corporation** The Foundation shall be a charitable and nonprofit federally chartered corporation and shall not be an agency or instrumentality of the United States.
**(d) Place of incorporation and domicile** The Foundation shall be incorporated and domiciled in the District of Columbia.
**(e) Purposes** The purposes of the Foundation shall be—
(1) to encourage, accept, and administer private gifts of real and personal property or any income therefrom or other interest therein for the benefit of, or in support of, the mission of the Office of Indian Education Programs of the Bureau of Indian Affairs (or its successor office);
(2) to undertake and conduct such other activities as will further the educational opportunities of American Indians who attend a Bureau funded school; and
(3) to participate with, and otherwise assist, Federal, State, and tribal governments, agencies, entities, and individuals in undertaking and conducting activities that will further the educational opportunities of American Indians attending Bureau funded schools.
**(f) Board of Directors**
(1) **In general** — The Board of Directors shall be the governing body of the Foundation. The Board may exercise, or provide for the exercise of, the powers of the Foundation.
(2) **Selection** — The number of members of the Board, the manner of thei
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Stable record: federal_law:legal_authorities:record_usc_139b5740701edfd91ff2d346
Source file: Laws/federal/codes/united-states-code/title-25/section-5308-national-fund-for-excellence-in-american-indian-education--995f120f31.md
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Source location: Title 25, Chapter 46, § 5308; chapter-046-indian-self-determination-and-education-assistance.md
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**(a) In general** As soon as practicable after December 27, 2000, the Secretary of the Interior shall establish, under the laws of the District of Columbia and in accordance with this subchapter, a foundation to be known as the “National Fund for Excellence in American Indian Education” (hereinafter referred to as the “Foundation”).
**(b) Perpetual existence** Except as otherwise provided, the Foundation shall have perpetual existence.
**(c) Nature of corporation** The Foundation shall be a charitable and nonprofit federally chartered corporation and shall not be an agency or instrumentality of the United States.
**(d) Place of incorporation and domicile** The Foundation shall be incorporated and domiciled in the District of Columbia.
**(e) Purposes** The purposes of the Foundation shall be—
(1) to encourage, accept, and administer private gifts of real and personal property or any income therefrom or other interest therein for the benefit of, or in support of, the mission of the Office of Indian Education Programs of the Bureau of Indian Affairs (or its successor office);
(2) to undertake and conduct such other activities as will further the educational opportunities of American Indians who attend a Bureau funded school; and
(3) to participate with, and otherwise assist, Federal, State, and tribal governments, agencies, entities, and individuals in undertaking and conducting activities that will further the educational opportunities of American Indians attending Bureau funded schools.
**(f) Board of Directors**
(1) **In general** — The Board of Directors shall be the governing body of the Foundation. The Board may exercise, or provide for the exercise of, the powers of the Foundation.
(2) **Selection** — The number of members of the Board, the manner of their selection (including the filling of vacancies), and their terms of office shall be as provided in the constitution and bylaws of the Foundation. However, the Board shall have at least 11 members, two of whom shall be the Secretary and the Assistant Secretary of the Interior for Indian Affairs, who shall serve as ex officio nonvoting members, and the initial voting members of the Board shall be appointed by the Secretary not later than 6 months after the date that the Foundation is established and shall have staggered terms (as determined by the Secretary).
(3) **Qualification** — The members of the Board shall be United States citizens who are knowledgeable or experienced in American Indian education and shall, to the extent practicable, represent diverse points of view relating to the education of American Indians.
(4) **Compensation** — Members of the Board shall not receive compensation for their services as members, but shall be reimbursed for actual and necessary travel and subsistence expenses incurred by them in the performance of the duties of the Foundation.
**(g) Officers**
(1) **In general** — The officers of the Foundation shall be a secretary, elected from among the members of the Board, and any other officers provided for in the constitution and bylaws of the Foundation.
(2) **Secretary of Foundation** — The secretary shall serve, at the direction of the Board, as its chief operating officer and shall be knowledgeable and experienced in matters relating to education in general and education of American Indians in particular.
(3) **Election** — The manner of election, term of office, and duties of the officers shall be as provided in the constitution and bylaws of the Foundation.
**(h) Powers** The Foundation—
(1) shall adopt a constitution and bylaws for the management of its property and the regulation of its affairs, which may be amended;
(2) may adopt and alter a corporate seal;
(3) may make contracts, subject to the limitations of this chapter;
(4) may acquire (through a gift or otherwise), own, lease, encumber, and transfer real or personal property as necessary or convenient to carry out the purposes of the Foundation;
(5) may sue and be sued; and
(6) may perform any other act necessary and proper to carry out the purposes of the Foundation.
**(i) Principal office** The principal office of the Foundation shall be in the District of Columbia. However, the activities of the Foundation may be conducted, and offices may be maintained, throughout the United States in accordance with the constitution and bylaws of the Foundation.
**(j) Service of process** The Foundation shall comply with the law on service of process of each State in which it is incorporated and of each State in which the Foundation carries on activities.
**(k) Liability of officers and agents** The Foundation shall be liable for the acts of its officers and agents acting within the scope of their authority. Members of the Board are personally liable only for gross negligence in the performance of their duties.
**(l) Restrictions**
(1) **Limitation on spending** — Beginning with the fiscal year following the first full fiscal year during which the Foundation is in operation, the administrative costs of the Foundation may not exceed 10 percent of the sum of—
(A) the amounts transferred to the Foundation under subsection (m) of this section during the preceding fiscal year; and
(B) donations received from private sources during the preceding fiscal year.
(2) **Appointment and hiring** — The appointment of officers and employees of the Foundation shall be subject to the availability of funds.
(3) **Status** — Members of the Board, and the officers, employees, and agents of the Foundation are not, by reason of their association with the Foundation, officers, employees, or agents of the United States.
**(m) Transfer of donated funds** The Secretary may transfer to the Foundation funds held by the Department of the Interior under [section 5341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5341&num=0&edition=prelim), if the transfer or use of such funds is not prohibited by any term under which the funds were donated.
**(n) Audits** The Foundation shall comply with the audit requirements set forth in [section 10101 of title 36](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section10101&num=0&edition=prelim), as if it were a corporation in part B of subtitle II of that title.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General.—** Except as otherwise provided, the financial statements of each corporation in part B of this subtitle shall be audited annually in accordance with generally accepted auditing standards by an independent certified public accountant or independent licensed public accountant, certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audit shall be conducted where the financial statements of the corporation normally are kept. The person conducting the audit shall be given access to—
(1) all records and property owned or used by the corporation necessary to facilitate the audit; and
(2) full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians.
**(b) Report.—**
(1) The corporation shall submit a report of the audit to Congress not later than 6 months after the close of the fiscal year for which the audit is made. The report shall describe the scope of the audit and include—
(A) statements necessary to present fairly the corporation’s assets, liabilities, and surplus or deficit, and an analysis of the changes in those amounts during the year;
(B) a statement in reasonable detail of the corporation’s income and expenses during the year including the results of any trading, manufacturing, publishing, or other commercial-type endeavor; and
(C) the independent auditor’s opinion of those statements.
(2) The report may not be printed as a public document, except as part of proceedings authorized to be printed under [section 1332 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section1332&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 36 U.S.C. § 10101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
**(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5301
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458aaa–15 was editorially reclassified as [section 5396 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5396&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 458ddd
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of Federal contracting laws and regulations; waiver of requirements**
(1) Notwithstanding any other provision of law, subject to paragraph (3), the contracts and cooperative agreements entered into with tribal organizations pursuant to [section 5321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) shall not be subject to Federal contracting or cooperative agreement laws (including any regulations), except to the extent that such laws expressly apply to Indian tribes.
(2) Program standards applicable to a nonconstruction self-determination contract shall be set forth in the contract proposal and the final contract of the tribe or tribal organization.
(3)
(A) With respect to a construction contract (or a subcontract of such a construction contract), the provisions of division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41 and the regulations relating to acquisitions promulgated under division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41 shall apply only to the extent that the application of such provision 11 So in original. Probably should be “provisions”. to the construction contract (or subcontract) is—
(i) necessary to ensure that the contract may be carried out in a satisfactory manner;
(ii) directly related to the construction activity; and
(iii) not inconsistent with this chapter.
(B) A list of the Federal requirements that meet the requirements of clauses (i) through (iii) of subparagraph (A) shall be included in an attachment to the contract pursuant to negotiations between the Secretary and the tribal organization.
(C)
(i) Except as provided in subparagraph (B), no Federal law listed in clau
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5341
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 450e–1 was editorially reclassified as [section 5308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5308&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 450j–3
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter, 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” or “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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) 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-d
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5324
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Federal law — U.S. Code and appendices · legal_authorities
Page 723
TITLE 25—INDIANS
§ 5309
1 See Codification note below.
under the terms of this section, the Secretary of
Labor shall have the authority and functions set
forth in Reorganization Plan Numbered 14, of
1950, and section 3145 of title 40.
(b) Preference requirements for wages and
grants
Any contract, subcontract, grant, or subgrant
pursuant to this chapter, the Act of April 16,
1934 (48 Stat. 596), as amended [25 U.S.C. 5342 et
seq.], or any other Act authorizing Federal con-
tracts with or grants to Indian organizations or
for the benefit of Indians, shall require that to
the greatest extent feasible—
(1) preferences and opportunities for training
and employment in connection with the ad-
ministration of such contracts or grants shall
be given to Indians; and
(2) preference in the award of subcontracts
and subgrants in connection with the adminis-
tration of such contracts or grants shall be
given to Indian organizations and to Indian-
owned economic enterprises as defined in sec-
tion 1452 of this title.
(c) Self-determination contracts
Notwithstanding subsections (a) and (b) of this
section, with respect to any self-determination
contract, or portion of a self-determination con-
tract, that is intended to benefit one tribe, the
tribal employment or contract preference laws
adopted by such tribe shall govern with respect
to the administration of the contract or portion
of the contract.
(Pub. L. 93–638, § 7, Jan. 4, 1975, 88 Stat. 2205; Pub.
L. 103–413, title I, § 102(3), (4), Oct. 25, 1994, 108
Stat. 4251.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) and (b), was
in the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan.
4, 1975, 88 Stat. 2203, known as the Indian Self-Deter-
mination and Education
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5308
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