(a) In general In this part:
(1) Construction project The term construction project
(A) 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
(B) 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.
(2) Construction project agreement The term construction project agreement means a negotiated agreement between the Secretary and an Indian tribe, that at a minimum
(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 Indian tribe and the Secretary;
(D) addresses environmental considerations;
(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 agreement based on the time necessary to complete 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 Federal 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 more separate Indian tribes that join together for the purpose of participating in self-governance, including tribal organizations.
(6) Secretary
The term Secretary means the Secretary of Health and Human Services.
(7) Self-governance The term self-governance means the program of self-governance established under section
458aaa–1 of this title.
(8) Tribal share
The term tribal share means an Indian tribes portion of all funds and resources that support secretarial programs, services, functions, and activities (or portions thereof) that are not required by the Secretary for performance of inherent Federal functions.
