National Fund for Excellence in American Indian Education,(25 U.S.C. § 458ddd (e)(1))

§ 458ddd

TITLE 25—INDIANS

(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).
(b) Reimbursement
Reimbursements accepted under subsection
(a)(3)—
(1) shall be deposited in the Treasury of the
United States to the credit of the applicable
appropriations account; and
(2) shall be chargeable for the cost of providing services described in subsection (a)(1) and
travel expenses described in subsection (a)(2).
(c) Continuation of certain services
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.
(Pub. L. 93–638, title VII, § 703, as added Pub. L.
111–211, title II, § 231(c), July 29, 2010, 124 Stat.
2277.)
PART H—NATIONAL FUND FOR EXCELLENCE IN
AMERICAN INDIAN EDUCATION
CODIFICATION
This part is comprised of title VIII, formerly title V,
of Pub. L. 93–638, which was formerly classified to part
F (§ 458bbb et seq.) of this subchapter prior to redesignation by Pub. L. 111–211, title II, § 231(d)(1), July 29,
2010, 124 Stat. 2278.

§ 458ddd. National Fund for Excellence in American Indian Education
(a) In general
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 part, a foundation to be
known as the ‘‘National Fund for Excellence in
American Indian Education’’ (hereinafter referred to as the ‘‘Foundation’’).
(b) Perpetual existence
Except as otherwise provided, the Foundation
shall have perpetual existence.
(c) Nature of corporation
The Foundation shall be a charitable and nonprofit federally chartered corporation and shall
not be an agency or instrumentality of the
United States.
(d) Place of incorporation and domicile
The Foundation shall be incorporated and
domiciled in the District of Columbia.
(e) Purposes
The purposes of the Foundation shall be—
(1) to encourage, accept, and administer private gifts of real and personal property or any

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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.
(f) Board of Directors
(1) In general
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.
(2) Selection
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).
(3) Qualification
The members of the Board shall be United
States citizens who are knowledgeable or experienced in American Indian education and
shall, to the extent practicable, represent diverse points of view relating to the education
of American Indians.
(4) Compensation
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.
(g) Officers
(1) In general
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.
(2) Secretary of Foundation
The secretary shall serve, at the direction of
the Board, as its chief operating officer and
shall be knowledgeable and experienced in
matters relating to education in general and
education of American Indians in particular.
(3) Election
The manner of election, term of office, and
duties of the officers shall be as provided in

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§ 458ddd–1

TITLE 25—INDIANS

the constitution and bylaws of the Foundation.
(h) Powers
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 subchapter;
(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.
(i) Principal office
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.
(j) Service of process
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.
(k) Liability of officers and agents
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.
(l) Restrictions
(1) Limitation on spending
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.
(2) Appointment and hiring
The appointment of officers and employees
of the Foundation shall be subject to the
availability of funds.
(3) Status
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.
(m) Transfer of donated funds
The Secretary may transfer to the Foundation
funds held by the Department of the Interior
under section 451 of this title, if the transfer or
use of such funds is not prohibited by any term
under which the funds were donated.

(n) Audits
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.
(Pub. L. 93–638, title VIII, § 801, formerly title V,
§ 501, as added Pub. L. 106–568, title XIII, § 1302,
Dec. 27, 2000, 114 Stat. 2936; amended Pub. L.
108–267, § 1(a),(b)(2), July 2, 2004, 118 Stat. 797; renumbered title VIII, § 801, Pub. L. 111–211, title
II, § 231(d)(1), (2), July 29, 2010, 124 Stat. 2278.)
REFERENCES IN TEXT
This subchapter, referred to in subsec. (h)(3), was in
the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4,
1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified
principally to this subchapter. For complete classification of this Act to the Code, see Short Title note set
out under section 450 of this title and Tables.
AMENDMENTS
2004—Pub. L. 108–267, § 1(b)(2), substituted ‘‘National
Fund for Excellence in American Indian Education’’ for
‘‘American Indian Education Foundation’’ in section
catchline.
Subsec. (a). Pub. L. 108–267, § 1(a), substituted ‘‘a foundation to be known as the ‘National Fund for Excellence in American Indian Education’ (hereinafter referred to as the ‘Foundation’)’’ for ‘‘the American Indian Education Foundation’’.

§ 458ddd–1. Administrative services and support
(a) Provision of support by Secretary
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 458ddd 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).
(b) Reimbursements
Reimbursements accepted under subsection
(a)(3) of this section shall be deposited in the
Treasury to the credit of the appropriations
then current and chargeable for the cost of providing services described in subsection (a)(1) of
this section and the travel expenses described in
subsection (a)(2) of this section.
(c) Continuation of certain services
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.
(Pub. L. 93–638, title VIII, § 802, formerly title V,
§ 502, as added Pub. L. 106–568, title XIII, § 1302,
Dec. 27, 2000, 114 Stat. 2938; renumbered title
VIII, § 802, and amended Pub. L. 111–211, title II,
§ 231(d), July 29, 2010, 124 Stat. 2278.)
AMENDMENTS
2010—Subsec. (a)(2). Pub. L. 111–211, § 231(d)(3), substituted ‘‘section 458ddd’’ for ‘‘section 458bbb’’.