§5411. Definitions — Inbound Citations
25 U.S.C. § 5411
Cited by 111 provisions in release 119-102.
Citations to §5411(1)
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(B) ensure that the Foundation qualifies for and maintains the status required to carry out this section, until the date on which the Board is established;
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(E) appoint the initial members of the Board in accordance with the constitution and initial bylaws of the Foundation.
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(1) The Board of Directors shall be the governing body of the Foundation.
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(2) The Board may exercise, or provide for the exercise of, the powers of the Foundation.
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(A) Subject to subparagraph (B), the number of members of the Board, the manner of selection of the members (including the filling of vacancies), and the terms of office of the members shall be as provided in the constitution and bylaws of the Foundation.
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(i) The Board shall be composed of not less than 7 members.
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(ii) The initial voting members of the Board—(I) shall be appointed by the Committee not later than 180 days after the date on which the Foundation is established; and(II) shall serve for staggered terms.
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(C) A member of the Board shall not receive compensation for service as a member, but shall be reimbursed for actual and necessary travel and subsistence expenses incurred in the performance of the duties of the Foundation.
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(A) Subject to subparagraph (B), the Secretary of the Foundation may serve, at the direction of the Board, as the chief operating officer of the Foundation.
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(B) The Board may appoint a chief operating officer in lieu of the Secretary of the Foundation under subparagraph (A), who shall serve at the direction of the Board.
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(2) A member of the Board shall be personally liable only for gross negligence in the performance of the duties of the member.
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(4) A member of the Board or officer, employee, or agent of the Foundation shall not by reason of association with the Foundation be considered to be an officer, employee, or agent of the United States.
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(2) may provide funds for initial operating costs and to reimburse the travel expenses of the members of the Board; and
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(1) The Board of Directors shall be the governing body of the Foundation. The Board may exercise, or provide for the exercise of, the powers of the Foundation.
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(2) 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).
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(4) Members of the Board shall not receive compensation for their services as members, but shall be reimbursed for actual and necessary travel and subsistence expenses incurred by them in the performance of the duties of the Foundation.
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(1) The officers of the Foundation shall be a secretary, elected from among the members of the Board, and any other officers provided for in the constitution and bylaws of the Foundation.
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(k) The Foundation shall be liable for the acts of its officers and agents acting within the scope of their authority. Members of the Board are personally liable only for gross negligence in the performance of their duties.
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(3) Members of the Board, and the officers, employees, and agents of the Foundation are not, by reason of their association with the Foundation, officers, employees, or agents of the United States.
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(2) may provide funds to reimburse the travel expenses of the members of the Board under section 5421 of this title; and
Citations to §5411(2)
Citations to §5411(3)
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(1) The Secretary shall establish a committee, to be known as the “Committee for the Establishment of the Indian Law Enforcement Foundation”, to assist the Secretary in establishing the Foundation.
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(2) Not later than 180 days after July 29, 2010, the Committee shall—(A) carry out such activities as are necessary to incorporate the Foundation under the laws of the District of Columbia, including acting as incorporators of the Foundation;(B) ensure that the Foundation qualifies for and maintains the status required to carry out this section, until the date on which the Board is established;(C) establish the constitution and initial bylaws of the Foundation;(D) provide for the initial operation of the Foundation, including providing for temporary or interim quarters, equipment, and staff; and(E) appoint the initial members of the Board in accordance with the constitution and initial bylaws of the Foundation.
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(I) shall be appointed by the Committee not later than 180 days after the date on which the Foundation is established; and
Citations to §5411(4)
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(1) As soon as practicable after July 29, 2010, the Secretary shall establish, under the laws of the District of Columbia and in accordance with this subchapter, a foundation, to be known as the “Indian Law Enforcement Foundation”.
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(2) No funds, gift, property, or other item of value (including any interest accrued on such an item) acquired by the Foundation shall—(A) be taken into consideration for purposes of determining Federal appropriations relating to the provision of public safety or justice services to Indians; or(B) otherwise limit, diminish, or affect the Federal responsibility for the provision of public safety or justice services to Indians.
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(b) The Foundation—(1) shall be a charitable and nonprofit federally chartered corporation; and(2) shall not be an agency or instrumentality of the United States.
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(c) The Foundation shall be incorporated and domiciled in the District of Columbia.
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(d) The Foundation shall—(1) encourage, accept, and administer, in accordance with the terms of each donation, private gifts of real and personal property, and any income from or interest in such gifts, for the benefit of, or in support of, public safety and justice services in American Indian and Alaska Native communities; and
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(1) The Secretary shall establish a committee, to be known as the “Committee for the Establishment of the Indian Law Enforcement Foundation”, to assist the Secretary in establishing the Foundation.
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(A) carry out such activities as are necessary to incorporate the Foundation under the laws of the District of Columbia, including acting as incorporators of the Foundation;
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(B) ensure that the Foundation qualifies for and maintains the status required to carry out this section, until the date on which the Board is established;
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(C) establish the constitution and initial bylaws of the Foundation;
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(D) provide for the initial operation of the Foundation, including providing for temporary or interim quarters, equipment, and staff; and
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(E) appoint the initial members of the Board in accordance with the constitution and initial bylaws of the Foundation.
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(1) The Board of Directors shall be the governing body of the Foundation.
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(2) The Board may exercise, or provide for the exercise of, the powers of the Foundation.
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(A) Subject to subparagraph (B), the number of members of the Board, the manner of selection of the members (including the filling of vacancies), and the terms of office of the members shall be as provided in the constitution and bylaws of the Foundation.
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(I) shall be appointed by the Committee not later than 180 days after the date on which the Foundation is established; and
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(C) A member of the Board shall not receive compensation for service as a member, but shall be reimbursed for actual and necessary travel and subsistence expenses incurred in the performance of the duties of the Foundation.
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(1) The officers of the Foundation shall be—(B) any other officers provided for in the constitution and bylaws of the Foundation.
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(B) any other officers provided for in the constitution and bylaws of the Foundation.
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(A) Subject to subparagraph (B), the Secretary of the Foundation may serve, at the direction of the Board, as the chief operating officer of the Foundation.
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(B) The Board may appoint a chief operating officer in lieu of the Secretary of the Foundation under subparagraph (A), who shall serve at the direction of the Board.
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(3) The manner of election, term of office, and duties of the officers of the Foundation shall be as provided in the constitution and bylaws of the Foundation.
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(h) The Foundation—(1) shall adopt a constitution and bylaws for the management of the property of the Foundation and the regulation of the affairs of the Foundation;(2) may adopt and alter a corporate seal;(3) may enter into contracts;(4) may acquire (through gift or otherwise), own, lease, encumber, and transfer real or personal property as necessary or convenient to carry out the purposes of the Foundation;(5) may sue and be sued; and(6) may perform any other act necessary and proper to carry out the purposes of the Foundation.
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(1) shall adopt a constitution and bylaws for the management of the property of the Foundation and the regulation of the affairs of the Foundation;
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(4) may acquire (through gift or otherwise), own, lease, encumber, and transfer real or personal property as necessary or convenient to carry out the purposes of the Foundation;
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(6) may perform any other act necessary and proper to carry out the purposes of the Foundation.
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(1) The principal office of the Foundation shall be located in the District of Columbia.
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(2) The activities of the Foundation may be conducted, and offices may be maintained, throughout the United States in accordance with the constitution and bylaws of the Foundation.
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(j) The Foundation shall comply with the law on service of process of each State in which the Foundation is incorporated and of each State in which the Foundation carries on activities.
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(1) The Foundation shall be liable for the acts of the officers, employees, and agents of the Foundation acting within the scope of the authority of the officers, employees, and agents.
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(1) Beginning with the fiscal year following the first full fiscal year during which the Foundation is in operation, the administrative costs of the Foundation shall not exceed the percentage described in paragraph (2) of the sum of—(A) the amounts transferred to the Foundation under subsection (n) during the preceding fiscal year; and(B) donations received from private sources during the preceding fiscal year.
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(A) the amounts transferred to the Foundation under subsection (n) during the preceding fiscal year; and
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(3) The appointment of officers and employees of the Foundation shall be subject to the availability of funds.
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(4) A member of the Board or officer, employee, or agent of the Foundation shall not by reason of association with the Foundation be considered to be an officer, employee, or agent of the United States.
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(m) The Foundation shall comply with section 10101 of title 36 as if the Foundation were a corporation under part B of subtitle II of that title.
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(a) Subject to subsection (b), during the 5-year period beginning on the date on which the Foundation 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).
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(1) may provide personnel, facilities, and other administrative support services to the Foundation;
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(3) shall require and accept reimbursements from the Foundation for—(A) services provided under paragraph (1); and(B) funds provided under paragraph (2).
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(c) The Secretary may continue to provide facilities and necessary support services to the Foundation 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.
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(a) 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 foundation to be known as the “National Fund for Excellence in American Indian Education” (hereinafter referred to as the “Foundation”).
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(b) Except as otherwise provided, the Foundation shall have perpetual existence.
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(c) The Foundation shall be a charitable and nonprofit federally chartered corporation and shall not be an agency or instrumentality of the United States.
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(d) The Foundation shall be incorporated and domiciled in the District of Columbia.
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(e) The purposes of the Foundation shall be—(1) to encourage, accept, and administer private 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 office);(2) to undertake and conduct such other activities as will further the educational opportunities of American Indians who attend a Bureau funded school; and(3) to participate with, and otherwise assist, Federal, State, and tribal governments, agencies, entities, and individuals in undertaking and conducting activities that will further the educational opportunities of American Indians attending Bureau funded schools.
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(1) The Board of Directors shall be the governing body of the Foundation. The Board may exercise, or provide for the exercise of, the powers of the Foundation.
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(2) 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).
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(4) Members of the Board shall not receive compensation for their services as members, but shall be reimbursed for actual and necessary travel and subsistence expenses incurred by them in the performance of the duties of the Foundation.
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(1) The officers of the Foundation shall be a secretary, elected from among the members of the Board, and any other officers provided for in the constitution and bylaws of the Foundation.
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(3) The manner of election, term of office, and duties of the officers shall be as provided in the constitution and bylaws of the Foundation.
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(h) The Foundation—(1) shall adopt a constitution and bylaws for the management of its property and the regulation of its affairs, which may be amended;(2) may adopt and alter a corporate seal;(3) may make contracts, subject to the limitations of this chapter;(4) may acquire (through a gift or otherwise), own, lease, encumber, and transfer real or personal property as necessary or convenient to carry out the purposes of the Foundation;(5) may sue and be sued; and(6) may perform any other act necessary and proper to carry out the purposes of the Foundation.
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(4) may acquire (through a gift or otherwise), own, lease, encumber, and transfer real or personal property as necessary or convenient to carry out the purposes of the Foundation;
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(6) may perform any other act necessary and proper to carry out the purposes of the Foundation.
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(i) The principal office of the Foundation shall be in the District of Columbia. However, the activities of the Foundation may be conducted, and offices may be maintained, throughout the United States in accordance with the constitution and bylaws of the Foundation.
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(j) The Foundation shall comply with the law on service of process of each State in which it is incorporated and of each State in which the Foundation carries on activities.
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(k) The Foundation shall be liable for the acts of its officers and agents acting within the scope of their authority. Members of the Board are personally liable only for gross negligence in the performance of their duties.
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(1) Beginning with the fiscal year following the first full fiscal year during which the Foundation is in operation, the administrative costs of the Foundation may not exceed 10 percent of the sum of—(A) the amounts transferred to the Foundation under subsection (m) of this section during the preceding fiscal year; and(B) donations received from private sources during the preceding fiscal year.
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(A) the amounts transferred to the Foundation under subsection (m) of this section during the preceding fiscal year; and
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(2) The appointment of officers and employees of the Foundation shall be subject to the availability of funds.
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(3) Members of the Board, and the officers, employees, and agents of the Foundation are not, by reason of their association with the Foundation, officers, employees, or agents of the United States.
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(m) The Secretary may transfer to the Foundation funds held by the Department of the Interior under section 5341 of this title, if the transfer or use of such funds is not prohibited by any term under which the funds were donated.
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(n) The Foundation shall comply with the audit requirements set forth in section 10101 of title 36, as if it were a corporation in part B of subtitle II of that title.
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(a) Subject to subsection (b) of this section, during the 5-year period beginning on the date that the Foundation is established, the Secretary—(1) may provide personnel, facilities, and other administrative support services to the Foundation;(2) may provide funds to reimburse the travel expenses of the members of the Board under section 5421 of this title; and(3) shall require and accept reimbursements from the Foundation for any—(A) services provided under paragraph (1); and(B) funds provided under paragraph (2).
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(1) may provide personnel, facilities, and other administrative support services to the Foundation;
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(3) shall require and accept reimbursements from the Foundation for any—(A) services provided under paragraph (1); and(B) funds provided under paragraph (2).
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(c) Notwithstanding any other provision of this section, the Secretary may continue to provide facilities and necessary support services to the Foundation after the termination of the 5-year period specified in subsection (a) of this section, on a space available, reimbursable cost basis.
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(2) the term “Foundation” means the Foundation established by the Secretary pursuant to section 5421 of this title; and
Citations to §5411(5)
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(1) As soon as practicable after July 29, 2010, the Secretary shall establish, under the laws of the District of Columbia and in accordance with this subchapter, a foundation, to be known as the “Indian Law Enforcement Foundation”.
-
(1) The Secretary shall establish a committee, to be known as the “Committee for the Establishment of the Indian Law Enforcement Foundation”, to assist the Secretary in establishing the Foundation.
-
(A) Subject to subparagraph (B), the Secretary of the Foundation may serve, at the direction of the Board, as the chief operating officer of the Foundation.
-
(B) The Board may appoint a chief operating officer in lieu of the Secretary of the Foundation under subparagraph (A), who shall serve at the direction of the Board.
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(a) Subject to subsection (b), during the 5-year period beginning on the date on which the Foundation 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).
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(c) The Secretary may continue to provide facilities and necessary support services to the Foundation 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.
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(a) 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 foundation to be known as the “National Fund for Excellence in American Indian Education” (hereinafter referred to as the “Foundation”).
-
(2) 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).
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(1) The officers of the Foundation shall be a secretary, elected from among the members of the Board, and any other officers provided for in the constitution and bylaws of the Foundation.
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(m) The Secretary may transfer to the Foundation funds held by the Department of the Interior under section 5341 of this title, if the transfer or use of such funds is not prohibited by any term under which the funds were donated.
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(a) Subject to subsection (b) of this section, during the 5-year period beginning on the date that the Foundation is established, the Secretary—(1) may provide personnel, facilities, and other administrative support services to the Foundation;(2) may provide funds to reimburse the travel expenses of the members of the Board under section 5421 of this title; and(3) shall require and accept reimbursements from the Foundation for any—(A) services provided under paragraph (1); and(B) funds provided under paragraph (2).
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(c) Notwithstanding any other provision of this section, the Secretary may continue to provide facilities and necessary support services to the Foundation after the termination of the 5-year period specified in subsection (a) of this section, on a space available, reimbursable cost basis.
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(2) the term “Foundation” means the Foundation established by the Secretary pursuant to section 5421 of this title; and