
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC458bbb]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
    SUBCHAPTER II--INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
 
              Part F--American Indian Education Foundation
 
Sec. 458bbb. American Indian Education Foundation


(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, the American Indian Education 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 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 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 V, Sec. 501, as added Pub. L. 106-568, title 
XIII, Sec. 1302, Dec. 27, 2000, 114 Stat. 2936.)

                       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, as 
amended, known as the Indian Self-Determination and Education Assistance 
Act, which is classified principally to this subchapter (Sec. 450 et 
seq.). For complete classification of this Act to the Code, see Short 
Title note set out under section 450 of this title and Tables.

                          Codification

    Another section 501 of Pub. L. 93-638, as added by Pub. L. 106-260, 
Sec. 4, Aug. 18, 2000, 114 Stat. 712, is classified to section 458aaa of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 458bbb-1, 458bbb-2 of this 
title.
