25 U.S.C. § 5413 — Administrative services and support

Page 791 TITLE 25—INDIANS § 5421 § 5413. Administrative services and support (a) Provision of support by Secretary Subject to subsection (b), during the 5-year pe- riod beginning on the date on which the Founda- tion is established, the Secretary— (1) may provide personnel, facilities, and other administrative support services to the Foundation; (2) may provide funds for initial operating costs and to reimburse the travel expenses of the members of the Board; and (3) shall require and accept reimbursements from the Foundation for— (A) services provided under paragraph (1); and (B) funds provided under paragraph (2). (b) Reimbursement Reimbursements accepted under subsection (a)(3)— (1) shall be deposited in the Treasury of the United States to the credit of the applicable appropriations account; and (2) shall be chargeable for the cost of pro- viding services described in subsection (a)(1) and travel expenses described in subsection (a)(2). (c) Continuation of certain services The Secretary may continue to provide facili- ties and necessary support services to the Foun- dation after the termination of the 5-year period specified in subsection (a) if the facilities and services are— (1) available; and (2) provided on reimbursable cost basis. (Pub. L. 93–638, title VII, § 703, as added Pub. L. 111–211, title II, § 231(c), July 29, 2010, 124 Stat. 2277.) Editorial Notes CODIFICATION Section was formerly classified to section 458ccc–2 of this title prior to editorial reclassification and renum- bering as this section. SUBCHAPTER VII—NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN EDU- CATION Editorial Notes CODIFICATION Subchapter is comprised of title VIII, formerly title V, of Pub. L. 93–638, which was formerly classified to part F (§ 458bbb et seq.) of subchapter II of chapter 14 of this title prior to redesignation by Pub. L. 111–211, title II, § 231(d)(1), July 29, 2010, 124 Stat. 2278, transfer to former part H (§ 458ddd et seq.) of subchapter II of chap- ter 14 of this title, and editorial reclassification as this subchapter. § 5421. National Fund for Excellence in American Indian Education (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 founda- tion to be known as the ‘‘National Fund for Ex- cellence in American Indian Education’’ (herein- after 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 non- profit 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 pri- vate 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 of- fice); (2) to undertake and conduct such other ac- tivities as will further the educational oppor- tunities of American Indians who attend a Bu- reau funded school; and (3) to participate with, and otherwise assist, Federal, State, and tribal governments, agen- cies, 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 gov- erning 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 ex- perienced in American Indian education and shall, to the extent practicable, represent di- verse points of view relating to the education of American Indians. (4) Compensation Members of the Board shall not receive com- pensation for their services as members, but shall be reimbursed for actual and necessary travel and subsistence expenses incurred by