25 U.S.C. § 5376 — Application of other provisions

Page 775 TITLE 25—INDIANS § 5381 1 So in original. Probably should be followed by ‘‘or’’. civil action for judicial review of any decision made by the Secretary under this subchapter, the Secretary shall have the burden of proof of demonstrating by a preponderance of the evi- dence— (1) the validity of the grounds for the deci- sion; and (2) the consistency of the decision with the requirements and policies of this subchapter. (Pub. L. 93–638, title IV, § 415, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 878.) § 5376. Application of other provisions Section 314 of the Department of the Interior and Related Agencies Appropriations Act, 1991 (Public Law 101–512; 104 Stat. 1959), shall apply to compacts and funding agreements entered into under this subchapter. (Pub. L. 93–638, title IV, § 416, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 878.) Editorial Notes REFERENCES IN TEXT Section 314 of the Department of the Interior and Re- lated Agencies Appropriations Act, 1991, referred to in text, is section 314 of Pub. L. 101–512, which is set out as a note under section 5321 of this title. § 5377. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this sub- chapter. (Pub. L. 93–638, title IV, § 417, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 878.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 5368 of this title prior to repeal by Pub. L. 116–180. SUBCHAPTER V—TRIBAL SELF- GOVERNANCE—INDIAN HEALTH SERVICE Editorial Notes CODIFICATION Subchapter is comprised of title V of Pub. L. 93–638, as added by Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 712. Another title V of Pub. L. 93–638, as added by Pub. L. 106–568, title XIII, § 1302, Dec. 27, 2000, 114 Stat. 2936, was redesignated title VIII, and is classified to sub- chapter VII (§ 5421 et seq.) of this chapter. § 5381. Definitions (a) In general In this subchapter: (1) Construction project The term ‘‘construction project’’— (A) means an organized noncontinuous un- dertaking to complete a specific set of pre- determined objectives for the planning, envi- ronmental determination, design, construc- tion, repair, improvement, or expansion of buildings or facilities, as described in a con- struction project agreement; and (B) does not include construction program administration and activities described in paragraphs (1) through (3) of section 5304(m) of this title, that may otherwise be included in a funding agreement under this sub- chapter. (2) Construction project agreement The term ‘‘construction project agreement’’ means a negotiated agreement between the Secretary and an Indian tribe, that at a min- imum— (A) establishes project phase start and completion dates; (B) defines a specific scope of work and standards by which it will be accomplished; (C) identifies the responsibilities of the In- dian tribe and the Secretary; (D) addresses environmental consider- ations; (E) identifies the owner and operations and maintenance entity of the proposed work; (F) provides a budget; (G) provides a payment process; and (H) establishes the duration of the agree- ment based on the time necessary to com- plete the specified scope of work, which may be 1 or more years. (3) Gross mismanagement The term ‘‘gross mismanagement’’ means a significant, clear, and convincing violation of a compact, funding agreement, or regulatory, or statutory requirements applicable to Fed- eral funds transferred to an Indian tribe by a compact or funding agreement that results in a significant reduction of funds available for the programs, services, functions, or activities (or portions thereof) assumed by an Indian tribe. (4) Inherent Federal functions The term ‘‘inherent Federal functions’’ means those Federal functions which cannot legally be delegated to Indian tribes. (5) Inter-tribal consortium The term ‘‘inter-tribal consortium’’ means a coalition of two 1 more separate Indian tribes that join together for the purpose of partici- pating in self-governance, including tribal or- ganizations. (6) Secretary The term ‘‘Secretary’’ means the Secretary of Health and Human Services. (7) Self-governance The term ‘‘self-governance’’ means the pro- gram of self-governance established under sec- tion 5382 of this title. (8) Tribal share The term ‘‘tribal share’’ means an Indian tribe’s portion of all funds and resources that support secretarial programs, services, func- tions, and activities (or portions thereof) that are not required by the Secretary for perform- ance of inherent Federal functions.