; construction project The term construction program or construction project means a Tribal undertaking relating to the administration, planning, environmental determination, design, construction, repair, improvement, or expansion of roads, bridges, buildings, structures, systems, or other facilities for purposes of housing, law enforcement, detention, sanitation, water supply, education, administration, community, health, irrigation, agriculture, conservation, flood control, transportation, or port facilities, or for other Tribal purposes. (3) Department The term Department means the Department of the Interior. (4) Funding agreement The term funding agreement means a funding agreement entered into under section 403. (5) Gross mismanagement The term gross mismanagement means a significant violation, shown by a preponderance of the evidence, of a compact, funding agreement, or statutory or regulatory requirement applicable to Federal funds for a program administered by an Indian Tribe under a compact or funding agreement. (6) Inherent Federal function The term inherent Federal function means a Federal function that may not legally be delegated to an Indian Tribe. (7) Non-BIA program The term non-BIA program means all or a portion of a program, function, service, or activity that is administered by any bureau, service, office, or agency of the Department of the Interior other than— (A) the Bureau of Indian Affairs; (B) the Office of the Assistant Secretary for Indian Affairs