§ 450b. Definitions
For purposes of this subchapter, 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;
(e)
“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 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-determination contract that has been continuously operated by a tribal organization for three or more years, and for which there are no significant and material audit exceptions in the annual financial audit of the tribal organization: Provided, That upon the request of a tribal organization or the tribal organization’s Indian tribe for purposes of section
450f
(a) of this title, a contract of the tribal organization which meets this definition shall be considered to be a mature contract;
(i)
“Secretary”, unless otherwise designated, means either the Secretary of Health and Human Services or the Secretary of the Interior or both;
(j)
“self-determination contract” means a contract (or grant or cooperative agreement utilized under section
450e–1 of this title) entered into under part A of this subchapter between a tribal organization and the appropriate Secretary for the planning, conduct and administration of programs or services which are otherwise provided to Indian tribes and their members pursuant to Federal law: Provided, That except as provided [1] the last proviso in section
450j
(a) [2] of this title, no contract (or grant or cooperative agreement utilized under section
450e–1 of this title) entered into under part A of this subchapter shall be construed to be a procurement contract;
(k)
“State education agency” means the State board of education or other agency or officer primarily responsible for supervision by the State of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law;
(l)
“tribal organization” means the recognized governing body of any Indian tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities: Provided, That in any case where a contract is let or grant made to an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant; and
(m)
“construction contract” means a fixed-price or cost-reimbursement self-determination contract for a construction project, except that such term does not include any contract—
(1)
that is limited to providing planning services and construction management services (or a combination of such services);
[1] So in original. Probably should be “provided in”.
[2] See References in Text note below.