Definitions
In general
In this part:
Construction project
The term “construction project”—
means an organized noncontinuous undertaking to complete a specific set of predetermined objectives for the planning, environmental determination, design, construction, repair, improvement, or expansion of buildings or facilities, as described in a construction project agreement; and
does not include construction program administration and activities described in paragraphs (1) through (3) of section 450b(m) of this title, that may otherwise be included in a funding agreement under this part.
Construction project agreement
The term “construction project agreement” means a negotiated agreement between the Secretary and an Indian tribe, that at a minimum—
establishes project phase start and completion dates;
defines a specific scope of work and standards by which it will be accomplished;
identifies the responsibilities of the Indian tribe and the Secretary;
addresses environmental considerations;
identifies the owner and operations and maintenance entity of the proposed work;
provides a budget;
provides a payment process; and
establishes the duration of the agreement based on the time necessary to complete the specified scope of work, which may be 1 or more years.
Gross mismanagement
Inherent Federal functions
Inter-tribal consortium
Secretary
Self-governance
Tribal share
Indian tribe
Source
(Pub. L. 93–638, title V, § 501, as added Pub. L. 106–260, § 4,Notes
Codification
Effective Date
Findings
the tribal right of self-government flows from the inherent sovereignty of Indian tribes and nations;
the United States recognizes a special government-to-government relationship with Indian tribes, including the right of the Indian tribes to self-governance, as reflected in the Constitution, treaties, Federal statutes, and the course of dealings of the United States with Indian tribes;
although progress has been made, the Federal bureaucracy, with its centralized rules and regulations, has eroded tribal self-governance and dominates tribal affairs;
the Tribal Self-Governance Demonstration Project, established under title III of the Indian Self-Determination and Education Assistance Act ([Pub. L. 93–638, former] 25 U.S.C. 450f note) was designed to improve and perpetuate the government-to-government relationship between Indian tribes and the United States and to strengthen tribal control over Federal funding and program management;
although the Federal Government has made considerable strides in improving Indian health care, it has failed to fully meet its trust responsibilities and to satisfy its obligations to the Indian tribes under treaties and other laws; and
Congress has reviewed the results of the Tribal Self-Governance Demonstration Project and finds that transferring full control and funding to tribal governments, upon tribal request, over decision making for Federal programs, services, functions, and activities (or portions thereof)—
is an appropriate and effective means of implementing the Federal policy of government-to-government relations with Indian tribes; and
strengthens the Federal policy of Indian self-determination.”
Declaration of Policy
to permanently establish and implement tribal self-governance within the Department of Health and Human Services;
to call for full cooperation from the Department of Health and Human Services and its constituent agencies in the implementation of tribal self-governance—
to enable the United States to maintain and improve its unique and continuing relationship with, and responsibility to, Indian tribes;
to permit each Indian tribe to choose the extent of its participation in self-governance in accordance with the provisions of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.] relating to the provision of Federal services to Indian tribes;
to ensure the continuation of the trust responsibility of the United States to Indian tribes and Indian individuals;
to affirm and enable the United States to fulfill its obligations to the Indian tribes under treaties and other laws;
to strengthen the government-to-government relationship between the United States and Indian tribes through direct and meaningful consultation with all tribes;
to permit an orderly transition from Federal domination of programs and services to provide Indian tribes with meaningful authority, control, funding, and discretion to plan, conduct, redesign, and administer programs, services, functions, and activities (or portions thereof) that meet the needs of the individual tribal communities;
to provide for a measurable parallel reduction in the Federal bureaucracy as programs, services, functions, and activities (or portion thereof) are assumed by Indian tribes;
to encourage the Secretary to identify all programs, services, functions, and activities (or portions thereof) of the Department of Health and Human Services that may be managed by an Indian tribe under this Act [see Short Title of 2000 Amendments note set out under section 450 of this title] and to assist Indian tribes in assuming responsibility for such programs, services, functions, and activities (or portions thereof); and
to provide Indian tribes with the earliest opportunity to administer programs, services, functions, and activities (or portions thereof) from throughout the Department of Health and Human Services.”