US (United States) Code. Title 25. Chapter 22: Bureau of indian affairs programs

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Indians

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-CITE-

25 USC CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-MISC1-

Sec.

2000. Declaration of policy.

2001. Accreditation for the basic education of Indian

children in Bureau of Indian Affairs schools.

(a) Purpose; declarations of purpose.

(b) Accreditation.

(c) Annual plan.

(d) Closure or consolidation of schools.

(e) Application for contracts or grants for

non-Bureau-funded schools or expansion of

Bureau-funded schools.

(f) Joint administration.

(g) General use of funds.

(h) Study on adequacy of funds and formulas.

2002. National criteria for home-living situations.

(a) Revision of standards.

(b) Implementation.

(c) Plan.

(d) Waiver.

(e) Closure for failure to meet standards

prohibited.

2003. Codification of regulations.

(a) Part 32 of Title 25, Code of Federal

Regulations.

(b) Definition of regulation.

2004. School boundaries.

(a) Establishment by Secretary.

(b) Establishment by tribal body.

(c) Boundary revisions.

(d) Funding restrictions.

(e) Reservation as boundary.

(f) Off-reservation home-living (dormitory)

schools.

2005. Facilities construction.

(a) National survey of facilities conditions.

(b) Compliance with health and safety standards.

(c) Compliance plan.

(d) Construction priorities.

(e) Hazardous condition at Bureau-funded school.

(f) Funding requirement.

(g) No reduction in Federal funding.

2006. Bureau of Indian Affairs education functions.

(a) Formulation and establishment of policy and

procedure; supervision of programs and

expenditures.

(b) Direction and supervision of personnel

operations.

(c) Inherent Federal function.

(d) Evaluation of programs; services and support

functions; technical and coordinating

assistance.

(e) Construction, improvement, operation, and

maintenance of facilities.

(f) Acceptance of gifts and bequests.

(g) Definition of functions.

2007. Allotment formula.

(a) Factors considered; revision to reflect

standards.

(b) Pro rata allotment.

(c) Annual adjustment; reservation of amount for

school board activities.

(d) Reservation of amount for emergencies.

(e) Supplemental appropriations.

(f) Eligible Indian student defined.

(g) Tuition.

(h) Funds available without fiscal year limitation.

(i) Students at Richfield dormitory, Richfield,

Utah.

2008. Administrative cost grants.

(a) Definitions.

(b) Grants; effect upon appropriated amounts.

(c) Determination of grant amount.

(d) Administrative cost percentage rate.

(e) Combining funds.

(f) Availability of funds.

(g) Treatment of funds.

(h) Treatment of entity operating other programs.

(i) Studies for determination of factors affecting

costs; base rates limits; standard direct cost

base; report to Congress.

(j) Authorization of appropriations.

(k) Applicability to schools operating under

Tribally Controlled Schools Act of 1988.

(l) Administrative cost grant budget requests.

2009. Division of Budget Analysis.

(a) Establishment.

(b) Functions.

(c) Annual reports.

(d) Use of reports.

2010. Uniform direct funding and support.

(a) Establishment of system and forward funding.

(b) Local financial plans for expenditure of funds.

(c) Tribal division of education,

self-determination grant and contract funds.

(d) Technical assistance and training.

(e) Summer program of academic and support

services.

(f) Cooperative agreements.

(g) Product or result of student projects.

(h) Matching fund requirements.

2011. Policy for Indian control of Indian education.

(a) Facilitation of Indian control.

(b) Consultation with tribes.

2012. Indian education personnel.

(a) In general.

(b) Regulations.

(c) Qualifications of educators.

(d) Hiring of educators.

(e) Discharge and conditions of employment of

educators.

(f) Applicability of Indian preference laws.

(g) Compensation or annual salary.

(h) Liquidation of remaining leave upon

termination.

(i) Transfer of remaining sick leave upon transfer,

promotion, or reemployment.

(j) Ineligibility for employment of voluntarily

terminated educators.

(k) Dual compensation.

(l) Voluntary services.

(m) Proration of pay.

(n) Extracurricular activities.

(o) Definitions.

(p) Covered individuals; election.

(q) Furlough without consent.

(r) Stipends.

2013. Computerized management information system.

(a) In general.

(b) Implementation of system.

2014. Recruitment of Indian educators.

2015. Annual report; audits.

(a) Annual reports.

(b) Budget request.

(c) Financial and compliance audits.

(d) Administrative evaluation of schools.

2016. Rights of Indian students.

2017. Regulations.

(a) Promulgation.

(b) Miscellaneous.

2018. Regional meetings and negotiated rulemaking.

(a) Regional meetings.

(b) Negotiated rulemaking.

(c) Application of section.

2019. Early childhood development program.

(a) In general.

(b) Amount of grants.

(c) Application.

(d) Requirement of programs funded.

(e) Coordination of family literacy programs.

(f) Administrative costs.

(g) Authorization of appropriations.

2020. Tribal departments or divisions of education.

(a) In general.

(b) Applications.

(c) Diversity.

(d) Use.

(e) Priorities.

(f) Time period of grant.

(g) Terms, conditions, or requirements.

(h) Authorization of appropriations.

2021. Definitions.

-COD-

CODIFICATION

Part B of title XI of the Education Amendments of 1978,

comprising this chapter, was originally enacted as part B of title

XI of Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2316, and amended by

1978 Reorg. Plan No. 2, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat.

3783; Pub. L. 96-46, Aug. 6, 1979, 93 Stat. 338; Pub. L. 96-88,

Oct. 17, 1979, 93 Stat. 668; Pub. L. 97-375, Dec. 21, 1982, 96

Stat. 1819; Pub. L. 98-511, Oct. 19, 1984, 98 Stat. 2366; Pub. L.

99-89, Aug. 15, 1985, 99 Stat. 379; Pub. L. 99-228, Dec. 28, 1985,

99 Stat. 1747; Pub. L. 99-570, Oct. 27, 1986, 100 Stat. 3207; Pub.

L. 100-297, Apr. 28, 1988, 102 Stat. 130; Pub. L. 100-427, Sept. 9,

1988, 102 Stat. 1603; Pub. L. 101-301, May 24, 1990, 104 Stat. 206;

Pub. L. 102-531, Oct. 27, 1992, 106 Stat. 3469; Pub. L. 103-382,

Oct. 20, 1994, 108 Stat. 3518; Pub. L. 104-134, Apr. 26, 1996, 110

Stat. 1321; Pub. L. 104-140, May 2, 1996, 110 Stat. 1327; Pub. L.

105-244, Oct. 7, 1998, 112 Stat. 1581; Pub. L. 105-362, Nov. 10,

1998, 112 Stat. 3280; Pub. L. 106-554, Dec. 21, 2000, 114 Stat.

2763. Part B of title XI of the Act is shown herein, however, as

having been added by Pub. L. 107-110 without reference to such

intervening amendments because of the extensive amendment of the

part's provisions by Pub. L. 107-110, title X, Sec. 1042, Jan. 8,

2002, 115 Stat. 2007.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 458bbb-2, 2502, 2504 of

this title; title 20 sections 3489, 7426.

-End-

-CITE-

25 USC Sec. 2000 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2000. Declaration of policy

-STATUTE-

Congress declares that the Federal Government has the sole

responsibility for the operation and financial support of the

Bureau of Indian Affairs funded school system that it has

established on or near Indian reservations and Indian trust lands

throughout the Nation for Indian children. It is the policy of the

United States to fulfill the Federal Government's unique and

continuing trust relationship with and responsibility to the Indian

people for the education of Indian children and for the operation

and financial support of the Bureau of Indian Affairs-funded school

system to work in full cooperation with tribes toward the goal of

ensuring that the programs of the Bureau of Indian Affairs-funded

school system are of the highest quality and provide for the basic

elementary and secondary educational needs of Indian children,

including meeting the unique educational and cultural needs of

those children.

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1120, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2007.)

-MISC1-

EFFECTIVE DATE

Chapter effective Jan. 8, 2002, except with respect to certain

noncompetitive programs and competitive programs, see section 5 of

Pub. L. 107-110, set out as a note under section 6301 of Title 20,

Education.

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-110, title X, Sec. 1041, Jan. 8, 2002, 115 Stat.

2007, provided that: "This part [part D (Secs. 1041-1045) of title

X of Pub. L. 107-110, enacting this chapter and sections 2501 to

2511 of this title, amending section 13d-2 of this title, and

repealing former sections 2501 to 2511 of this title] may be cited

as the 'Native American Education Improvement Act of 2001'."

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-297, title V, Sec. 5101, Apr. 28, 1988, 102 Stat.

363, provided that: "This part [part A (Secs. 5101-5120) of title V

of Pub. L. 100-297, enacting sections 2008a, 2022a, and 2022b of

this title, amending sections 2001 to 2005, 2008 to 2011, and 2019

of this title, repealing section 241bb-1 of Title 20, Education,

enacting provisions set out as notes under section 2011 of this

title and section 1411 of Title 20, and repealing provisions set

out as a note under section 241aa of Title 20] may be cited as the

'Indian Education Amendments of 1988'."

SHORT TITLE OF 1985 AMENDMENT

Pub. L. 99-89, Sec. 1(a), Aug. 15, 1985, 99 Stat. 379, provided

that: "This Act [amending sections 2001, 2004, 2006, 2008, 2009,

2016, 2020, 2021, and 2022 of this title, repealing section 2023 of

this title, and enacting provisions formerly set out as a note

under section 2001 of this title] may be cited as the 'Indian

Education Technical Amendments Act of 1985'."

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-511, title V, Sec. 501(a), Oct. 19, 1984, 98 Stat.

2391, provided that: "This title [enacting sections 2020 to 2023 of

this title, amending sections 2001, 2004, 2006, 2008, 2009, 2011,

2012, 2016, 2018 of this title, and sections 241aa to 241ff, 1211a,

1221g, 3385, 3385a, and 3385b of Title 20, Education, and enacting

provisions set out as a note under section 241ff of Title 20] may

be cited as the 'Indian Education Amendments of 1984'."

THERAPEUTIC MODEL DEMONSTRATION SCHOOLS

Pub. L. 103-382, title V, Sec. 566, Oct. 20, 1994, 108 Stat.

4059, provided that:

"(a) Authorization. -

"(1) In general. - The Secretary of the Interior, acting

through the Bureau of Indian Affairs, is authorized to establish

demonstration schools, based on the therapeutic model described

in this section, to provide services necessary to achieve

positive changes in the attitudes, behavior, and academic

performance of Indian youth attending off-reservation boarding

schools.

"(2) Purpose. - The purpose of the therapeutic model

demonstration schools is -

"(A) to provide a program, based on an annual written plan,

linking clinicians, counselors, and mental health professionals

with academic program personnel in a culturally sensitive

residential program tailored to the particular needs of Indian

students;

"(B) to provide for a continued evaluation of the planning

and implementation of the therapeutic model in the designated

schools; and

"(C) to determine what steps the Bureau of Indian Affairs

must take and what resources are required to transform existing

off-reservation boarding schools to meet the needs of

chemically dependent, emotionally disturbed, socially troubled,

or other at-risk Indian youth who attend such schools.

"(b) Location. - The Secretary shall initiate the therapeutic

model at two schools during school years 1994 through 1996, and

shall give priority to -

"(1) one school that is the recipient of a grant under section

5204 of the August [Augustus] F. Hawkins-Robert T. Stafford

Elementary and Secondary School Improvement Amendments of 1988

[25 U.S.C. 2503] during the 1994-1995 school year; and

"(2) one school operated by the Bureau of Indian Affairs during

the 1995-1996 school year.

"(c) Services. - The demonstration schools shall provide an

integrated residential environment that may include -

"(1) mental health services;

"(2) education;

"(3) recreation therapy;

"(4) social service programs;

"(5) substance abuse education and prevention; and

"(6) other support services for aftercare.

"(d) Staffing. - The demonstration schools shall be staffed with

health and social service professionals, and educators, and may

include -

"(1) clinical psychologists;

"(2) child psychologists;

"(3) substance abuse counselors;

"(4) social workers; and

"(5) health educators.

"(e) Enrollment. - Notwithstanding any other provision of law,

the Secretary of the Interior may limit the enrollment at the

demonstration schools.

"(f) Assistance. - The Secretary is authorized to enter into

agreements with other organizations and agencies, including the

Indian Health Service, to carry out this section.

"(g) Report. - Not later than July 31 of each year, the Secretary

of the Interior shall submit a report to the Committee on Indian

Affairs of the Senate and the Committee on Education and Labor [now

Committee on Education and the Workforce] of the House of

Representatives on the progress of the Department of the Interior

in the development of the demonstration schools."

-End-

-CITE-

25 USC Sec. 2001 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2001. Accreditation for the basic education of Indian children

in Bureau of Indian Affairs schools

-STATUTE-

(a) Purpose; declarations of purpose

(1) Purpose

The purpose of the accreditation required under this section

shall be to ensure that Indian students being served by a school

funded by the Bureau of Indian Affairs are provided with

educational opportunities that equal or exceed those for all

other students in the United States.

(2) Declarations of purpose

Local school boards for schools operated by the Bureau of

Indian Affairs, in cooperation and consultation with the

appropriate tribal governing bodies and their communities, are

encouraged to adopt declarations of purpose for education for

their communities, taking into account the implications of such

declarations on education in their communities and for their

schools. In adopting such declarations of purpose, the school

boards shall consider the effect the declarations may have on the

motivation of students and faculties.

(b) Accreditation

(1) Deadline

(A) In general

Not later than 24 months after January 8, 2002, each

Bureau-funded school shall, to the extent that necessary funds

are provided, be a candidate for accreditation or be accredited

-

(i) by a tribal accrediting body, if the accreditation

standards of the tribal accrediting body have been accepted

by formal action of the tribal governing body and such

accreditation is acknowledged by a generally recognized State

certification or regional accrediting agency;

(ii) by a regional accreditation agency;

(iii) by State accreditation standards for the State in

which the Bureau-funded school is located; or

(iv) in the case of a Bureau-funded school that is located

on a reservation that is located in more than one State, in

accordance with the State accreditation standards of one

State as selected by the tribal government.

(B) Feasibility study

Not later than 12 months after January 8, 2002, the Secretary

of the Interior and the Secretary of Education shall, in

consultation with Indian tribes, Indian education

organizations, and accrediting agencies, develop and submit to

the appropriate committees of Congress a report on the

desirability and feasibility of establishing a tribal

accreditation agency that would -

(i) review and acknowledge the accreditation standards for

Bureau-funded schools; and

(ii) establish accreditation procedures to facilitate the

application, review of the standards and review processes,

and recognition of qualified and credible tribal departments

of education as accrediting bodies serving tribal schools.

(2) Determination of accreditation to be applied

The accreditation type applied for each school shall be

determined by the tribal governing body, or the school board, if

authorized by the tribal governing body.

(3) Assistance to school boards

(A) In general

The Secretary, through contracts and grants, shall provide

technical and financial assistance to Bureau-funded schools, to

the extent that necessary amounts are made available, to enable

such schools to obtain the accreditation required under this

subsection, if the school boards request that such assistance,

in part or in whole, be provided.

(B) Entities through which assistance may be provided

The Secretary may provide such assistance directly or through

the Department of Education, an institution of higher

education, a private not-for-profit organization or for-profit

organization, an educational service agency, or another entity

with demonstrated experience in assisting schools in obtaining

accreditation.

(4) Application of current standards during accreditation

A Bureau-funded school that is seeking accreditation shall

remain subject to the standards issued under this section (!1)

and in effect on the day before January 8, 2002, until such time

as the school is accredited, except that if any of such standards

are in conflict with the standards of the accrediting agency, the

standards of such agency shall apply in such case.

(5) Annual report on unaccredited schools

Not later than 90 days after the end of each school year, the

Secretary shall prepare and submit to the Committee on

Appropriations, the Committee on Education and the Workforce, and

the Committee on Resources of the House of Representatives and

the Committee on Appropriations, the Committee on Indian Affairs,

and the Committee on Health, Education, Labor, and Pensions of

the Senate, a report concerning unaccredited Bureau-funded

schools that -

(A) identifies those Bureau-funded schools that fail to be

accredited or to be candidates for accreditation within the

period provided for in paragraph (1);

(B) with respect to each Bureau-funded school identified

under subparagraph (A), identifies the reasons that each such

school is not accredited or a candidate for accreditation, as

determined by the appropriate accreditation agency, and a

description of any possible way in which to remedy such

nonaccreditation; and

(C) with respect to each Bureau-funded school for which the

reported reasons for the lack of accreditation under

subparagraph (B) are a result of the school's inadequate basic

resources, contains information and funding requests for the

full funding needed to provide such schools with accreditation,

such funds if provided shall be applied to such unaccredited

school under this paragraph.

(6) Opportunity to review and present evidence

(A) In general

Prior to including a Bureau-funded school in an annual report

required under paragraph (5), the Secretary shall -

(i) ensure that the school has exhausted all administrative

remedies provided by the accreditation agency; and

(ii) provide the school with an opportunity to review the

data on which such inclusion is based.

(B) Provision of additional information

If the school board of a school that the Secretary has

proposed for inclusion in an annual report under paragraph (5)

believes that such inclusion is in error, the school board may

provide to the Secretary such information as the board believes

is in conflict with the information and conclusions of the

Secretary with respect to the determination to include the

school in such annual report. The Secretary shall consider such

information provided by the school board before making a final

determination concerning the inclusion of the school in any

such report.

(C) Publication of accreditation status

Not later than 30 days after making an initial determination

to include a school in an annual report under paragraph (5),

the Secretary shall make public the final determination on the

accreditation status of the school.

(7) School plan

(A) In general

Not later than 120 days after the date on which a school is

included in an annual report under paragraph (5), the school

shall develop a school plan, in consultation with interested

parties including parents, school staff, the school board, and

other outside experts (if appropriate), that shall be submitted

to the Secretary for approval. The school plan shall cover a

3-year period and shall -

(i) incorporate strategies that address the specific issues

that caused the school to fail to be accredited or fail to be

a candidate for accreditation;

(ii) incorporate policies and practices concerning the

school that have the greatest likelihood of ensuring that the

school will obtain accreditation during the 3-year period

beginning on the date on which the plan is implemented;

(iii) contain an assurance that the school will reserve the

necessary funds, from the funds described in paragraph (3),

for each fiscal year for the purpose of obtaining

accreditation;

(iv) specify how the funds described in clause (iii) will

be used to obtain accreditation;

(v) establish specific annual, objective goals for

measuring continuous and significant progress made by the

school in a manner that will ensure the accreditation of the

school within the 3-year period described in clause (ii);

(vi) identify how the school will provide written

notification about the lack of accreditation to the parents

of each student enrolled in such school, in a format and, to

the extent practicable, in a language the parents can

understand; and

(vii) specify the responsibilities of the school board and

any assistance to be provided by the Secretary under

paragraph (3).

(B) Implementation

A school shall implement the school plan under subparagraph

(A) expeditiously, but in no event later than the beginning of

the school year following the school year in which the school

was included in the annual report under paragraph (5) so long

as the necessary resources have been provided to the school.

(C) Review of plan

Not later than 45 days after receiving a school plan, the

Secretary shall -

(i) establish a peer-review process to assist with the

review of the plan; and

(ii) promptly review the school plan, work with the school

as necessary, and approve the school plan if the plan meets

the requirements of this paragraph.

(8) Corrective action

(A) Definition

In this subsection, the term "corrective action" means any

action that -

(i) substantially and directly responds to -

(I) the failure of a school to achieve accreditation; and

(II) any underlying staffing, curriculum, or other

programmatic problem in the school that contributed to the

lack of accreditation; and

(ii) is designed to increase substantially the likelihood

that the school will be accredited.

(B) Waiver

The Secretary shall grant a waiver which shall exempt a

school from any or all of the requirements of this paragraph

and paragraph (7) (though such school shall be required to

comply with the standards contained in part 36 of title 25,

Code of Federal Register,(!2) as in effect on January 8, 2002)

if the school -

(i) is identified in the report described in paragraph

(5)(C); and

(ii) fails to be accredited for reasons that are beyond the

control of the school board, as determined by the Secretary,

including, but not limited to -

(I) a significant decline in financial resources;

(II) the poor condition of facilities, vehicles, or other

property; and

(III) a natural disaster.

(C) Duties of Secretary

After providing assistance to a school under paragraph (3),

the Secretary shall -

(i) annually review the progress of the school under the

applicable school plan to determine whether the school is

meeting, or making adequate progress toward achieving the

goals described in paragraph (7)(A)(v) with respect to

reaccreditation or becoming a candidate for accreditation;

(ii) except as provided in subparagraph (B), continue to

provide assistance while implementing the school's plan, and,

if determined appropriate by the Secretary, take corrective

action with respect to the school if it fails to be

accredited at the end of the third full year immediately

following the date that the school's plan was first in effect

under paragraph (7);

(iii) provide all students enrolled in a school that is

eligible for a corrective action determination by the

Secretary under clause (ii) with the option to transfer to

another public or Bureau-funded school, including a public

charter school, that is accredited;

(iv) promptly notify the parents of children enrolled in a

school that is eligible for a corrective action determination

by the Secretary under clause (ii) of the option to transfer

their child to another public or Bureau-funded school; and

(v) provide, or pay for the provision of, transportation

for each student described in clause (iii) to the school

described in clause (iii) to which the student elects to be

transferred to the extent funds are available, as determined

by the tribal governing body.

(D) Failure of school plan of Bureau-operated school

With respect to a Bureau-operated school that fails to be

accredited at the end of the third full year immediately

following the date that the school's plan was first in effect

under paragraph (7), the Secretary may take one or more of the

following corrective actions:

(i) Institute and fully implement actions suggested by the

accrediting agency.

(ii) Consult with the tribe involved to determine the

causes for the lack of accreditation including potential

staffing and administrative changes that are or may be

necessary.

(iii) Set aside a certain amount of funds that may only be

used by the school to obtain accreditation.

(iv)(I) Provide the tribe with a 60-day period during which

to determine whether the tribe desires to operate the school

as a contract or grant school before meeting the

accreditation requirements in section 5207(c) of the Tribally

Controlled Schools Act of 1988 (!1) at the beginning of the

next school year following the determination to take

corrective action. If the tribe agrees to operate the school

as a contract or grant school, the tribe shall prepare a

plan, pursuant to paragraph (7), for approval by the

Secretary in accordance with paragraph (7), to achieve

accreditation.

(II) If the tribe declines to assume control of the school,

the Secretary, in consultation with the tribe, may contract

with an outside entity, consistent with applicable law, or

appoint a receiver or trustee to operate and administer the

affairs of the school until the school is accredited. The

outside entity, receiver, or trustee shall prepare a plan,

pursuant to paragraph (7), for approval by the Secretary in

accordance with paragraph (7).

(III) Upon accreditation of the school, the Secretary shall

allow the tribe to continue to operate the school as a grant

or contract school, or if the school is being controlled by

an outside entity, provide the tribe with the option to

assume operation of the school as a contract school, in

accordance with the Indian Self-Determination Act [25 U.S.C.

450f et seq.], or as a grant school in accordance with the

Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et

seq.], at the beginning of the school year following the

school year in which the school obtains accreditation. If the

tribe declines, the Secretary may allow the outside entity,

receiver, or trustee to continue the operation of the school

or reassume control of the school.

(E) Failure of school plan of contract or grant school

(i) Corrective action

With respect to a contract or grant school that fails to be

accredited at the end of the third full year immediately

following the date that the school's plan was first in effect

under paragraph (7), the Secretary may take one or more of

the corrective actions described in subparagraph (D)(i) and

(D)(ii). The Secretary shall implement such corrective action

for at least 1 year prior to taking any action described

under clause (ii).

(ii) Outside entity

If the corrective action described in clause (i) does not

result in accreditation of the school, the Secretary, in

conjunction with the tribal governing body, may contract with

an outside entity to operate the school in order to achieve

accreditation of the school within 2 school years. Prior to

entering into such a contract, the Secretary shall develop a

proposal for such operation which shall include, at a

minimum, the following elements:

(I) The identification of one or more outside entities

each of which has demonstrated to the Secretary its ability

to develop a satisfactory plan for achieving accreditation

and its willingness and availability to undertake such a

plan.

(II) A plan for implementing operation of the school by

such an outside entity, including the methodology for

oversight and evaluation of the performance of the outside

entity by the Secretary and the tribe.

(iii) Proposal amendments

The tribal governing body shall have 60 days to amend the

plan developed pursuant to clause (ii), including identifying

another outside entity to operate the school. The Secretary

shall reach agreement with the tribal governing body on the

proposal and any such amendments to the plan not later than

30 days after the expiration of the 60-day period described

in the preceding sentence. After the approval of the proposal

and any amendments, the Secretary, with continuing

consultation with such tribal governing body, shall implement

the proposal.

(iv) Accreditation

Upon accreditation of the school, the tribe shall have the

option to assume the operation and administration of the

school as a contract school after complying with the Indian

Self-Determination Act [25 U.S.C. 450f et seq.], or as a

grant school, after complying with the Tribally Controlled

Schools Act of 1988 [25 U.S.C. 2501 et seq.], at the

beginning of the school year following the year in which the

school obtains accreditation.

(v) Retrocede

Nothing in this subparagraph shall limit a tribe's right to

retrocede operation of a school to the Secretary pursuant to

section 105(e) of the Indian Self-Determination Act [25

U.S.C. 450j(e)] (with respect to a contract school) or

section 5204(f) of the Tribally Controlled Schools Act of

1988 (!1) (with respect to a grant school).

(vi) Consistent

The provisions of this subparagraph shall be construed to

be consistent with the provisions of the Tribally Controlled

Schools Act of 1988 [25 U.S.C. 2501 et seq.] and the Indian

Self-Determination Act [25 U.S.C. 450f et seq.] as in effect

on the day before January 8, 2002, and shall not be construed

as expanding the authority of the Secretary under any other

law.

(F) Hearing

With respect to a school that is operated pursuant to a

grant, or a school that is operated under a contract under the

Indian Self-Determination Act [25 U.S.C. 450f et seq.], prior

to implementing any corrective action under this paragraph, the

Secretary shall provide notice and an opportunity for a hearing

to the affected school pursuant to section 5207 of the Tribally

Controlled Schools Act of 1988.(!1)

(9) Statutory construction

Nothing in this section shall be construed to alter or

otherwise affect the rights, remedies, and procedures afforded to

school employees under applicable law (including applicable

regulations or court orders) or under the terms of any collective

bargaining agreement, memorandum of understanding, or other

agreement between such employees and their employers.

(10) Fiscal control and fund accounting standards

The Bureau shall, either directly or through contract with an

Indian organization, establish a consistent system of reporting

standards for fiscal control and fund accounting for all contract

and grant schools. Such standards shall provide data comparable

to those used by Bureau-operated schools.

(c) Annual plan

(1) In general

Except as provided in subsection (b) of this section, the

Secretary shall implement the standards in effect under this

section (!1) on the day before January 8, 2002.

(2) Plan

On an annual basis, the Secretary shall submit to the

appropriate committees of Congress, all Bureau-funded schools,

and the tribal governing bodies of such schools a detailed plan

to ensure that all Bureau-funded schools are accredited, or if

such schools are in the process of obtaining accreditation that

such schools meet the Bureau standards in effect on the day

before January 8, 2002, to the extent that such standards do not

conflict with the standards of the accrediting agency. Such plan

shall include detailed information on the status of each school's

educational program in relation to the applicable standards,

specific cost estimates for meeting such standards at each

school, and specific timelines for bringing each school up to the

level required by such standards.

(d) Closure or consolidation of schools

(1) In general

Except as specifically required by law -

(A) no Bureau-funded school or dormitory operated on or after

January 1, 1992, may be closed, consolidated, or transferred to

another authority; and

(B) no program of such a school may be substantially

curtailed except in accordance with the requirements of this

subsection.

(2) Exceptions

This subsection (other than this paragraph) shall not apply -

(A) in those cases in which the tribal governing body for a

school, or the local school board concerned (if designated by

the tribal governing body to act under this paragraph),

requests the closure, consolidation, or substantial

curtailment; or

(B) if a temporary closure, consolidation, or substantial

curtailment is required by facility conditions that constitute

an immediate hazard to health and safety.

(3) Regulations

The Secretary shall, by regulation, promulgate standards and

procedures for the closure, transfer to another authority,

consolidation, or substantial curtailment of Bureau schools, in

accordance with the requirements of this subsection.

(4) Notice

(A) In general

In a case in which closure, transfer to another authority,

consolidation, or substantial curtailment of a school is under

active consideration or review by any division of the Bureau or

the Department of the Interior, the affected tribe, tribal

governing body, and designated local school board will be

notified immediately in writing, kept fully and currently

informed, and afforded an opportunity to comment with respect

to such consideration or review.

(B) Decision to close

If a formal decision is made to close, transfer to another

authority, consolidate, or substantially curtail a school, the

affected tribe, tribal governing body, and designated school

board shall be notified not later than 180 days before the end

of the school year preceding the proposed closure date.

(C) Copies

Copies of any such notices and information shall be -

(i) submitted promptly to the appropriate committees of

Congress; and

(ii) published in the Federal Register.

(5) Report

The Secretary shall submit to the appropriate committees of

Congress, the affected tribe, and the designated school board, a

report describing the process of the active consideration or

review referred to in paragraph (4) that includes -

(A) a study of the impact of such action on the student

population;

(B) a description of those students with particular

educational and social needs;

(C) recommendations to ensure that alternative services are

available to such students; and

(D) a description of the consultation conducted between the

potential service provider, current service provider, parents,

tribal representatives and the tribe or tribes involved, and

the Director of the Office of Indian Education Programs within

the Bureau regarding such students.

(6) Limitation on certain actions

No irrevocable action may be taken in furtherance of any such

proposed school closure, transfer to another authority,

consolidation, or substantial curtailment (including any action

which would prejudice the personnel or programs of such school)

prior to the end of the first full academic year after such

report is made.

(7) Tribal governing body approval required for certain actions

The Secretary may, with the approval of the tribal governing

body, terminate, contract, transfer to any other authority,

consolidate, or substantially curtail the operation or facilities

of -

(A) any Bureau-funded school that is operated on or after

January 1, 1999;

(B) any program of such a school that is operated on or after

January 1, 1999; or

(C) any school board of a school operated under a grant under

the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et

seq.].

(e) Application for contracts or grants for non-Bureau-funded

schools or expansion of Bureau-funded schools

(1) Review by Secretary

(A) Consideration of factors

(i) In general

The Secretary shall consider only the factors described in

subparagraph (B) in reviewing -

(I) applications from any tribe for the awarding of a

contract or grant for a school that is not a Bureau-funded

school; and

(II) applications from any tribe or school board of any

Bureau-funded school for -

(aa) a school which is not a Bureau-funded school; or

(bb) the expansion of a Bureau-funded school which

would increase the amount of funds received by the Indian

tribe or school board under section 2007 of this title.

(ii) No denial based on geographic proximity

With respect to applications described in this

subparagraph, the Secretary shall give consideration to all

factors described in subparagraph (B), but no such

application shall be denied based primarily upon the

geographic proximity of comparable public education.

(B) Factors

With respect to applications described in subparagraph (A),

the Secretary shall consider the following factors relating to

the program and services that are the subject of the

application:

(i) The adequacy of the facilities or the potential to

obtain or provide adequate facilities.

(ii) Geographic and demographic factors in the affected

areas.

(iii) The adequacy of the applicant's program plans or, in

the case of a Bureau-funded school, of projected needs

analysis done either by the tribe or the Bureau.

(iv) Geographic proximity of comparable public education.

(v) The stated needs of all affected parties, including

students, families, tribal governments at both the central

and local levels, and school organizations.

(vi) Adequacy and comparability of programs already

available.

(vii) Consistency of available programs with tribal

educational codes or tribal legislation on education.

(viii) The history and success of those services for the

proposed population to be served, as determined from all

factors, including standardized examination performance.

(2) Determination on application

(A) In general

Not later than 180 days after the date on which an

application described in paragraph (1)(A) is submitted to the

Secretary, the Secretary shall make a determination of whether

to approve the application.

(B) Failure to make determination

If the Secretary fails to make a determination with respect

to an application by the date described in subparagraph (A),

the application shall be deemed to have been approved by the

Secretary.

(3) Requirements for applications

(A) In general

Notwithstanding paragraph (2)(B), an application described in

paragraph (1)(A) may be approved by the Secretary only if -

(i) the application has been approved by the tribal

governing body of the students served by (or to be served by)

the school or program that is the subject of the application;

and

(ii) written evidence of such approval is submitted with

the application.

(B) Included information

Each application described in paragraph (1)(A) shall include

information concerning each of the factors described in

paragraph (1)(B).

(4) Denial of applications

If the Secretary denies an application described in paragraph

(1)(A), the Secretary shall -

(A) state the objections to the application in writing to the

applicant not later than 180 days after the date the

application is submitted to the Secretary;

(B) provide assistance to the applicant to overcome the

stated objections;

(C) provide to the applicant a hearing on the record

regarding the denial, under the same rules and regulations as

apply under the Indian Self-Determination and Education

Assistance Act [25 U.S.C. 450 et seq.]; and

(D) provide to the applicant a notice of the applicant's

appeals rights and an opportunity to appeal the decision

resulting from the hearing under subparagraph (D).

(5) Effective date of a subject application

(A) In general

Except as otherwise provided in this paragraph, an action

that is the subject of any application described in paragraph

(1)(A) that is approved by the Secretary shall become effective

-

(i) at the beginning of the academic year following the

fiscal year in which the application is approved; or

(ii) at an earlier date determined by the Secretary.

(B) Applications deemed approved

If an application is deemed to have been approved by the

Secretary under paragraph (2)(B), the action that is the

subject of the application shall become effective -

(i) on the date that is 18 months after the date on which

the application is submitted to the Secretary; or

(ii) at an earlier date determined by the Secretary.

(6) Statutory construction

Nothing in this section or any other provision of law, shall be

construed to preclude the expansion of grades and related

facilities at a Bureau-funded school, if such expansion is paid

for with non-Bureau funds. Subject to the availability of

appropriated funds the Secretary is authorized to provide the

necessary funds needed to supplement the cost of operations and

maintenance of such expansion.

(f) Joint administration

Administrative, transportation, and program cost funds received

by Bureau-funded schools, and any program from the Department of

Education or any other Federal agency for the purpose of providing

education or related services, and other funds received for such

education and related services from nonfederally funded programs,

shall be apportioned and the funds shall be retained at the school.

(g) General use of funds

Funds received by Bureau-funded schools from the Bureau of Indian

Affairs, and under any program from the Department of Education or

any other Federal agency, for the purpose of providing education or

related services may be used for schoolwide projects to improve the

educational program for all Indian students.

(h) Study on adequacy of funds and formulas

(1) Study

The Comptroller General of the United States shall conduct a

study to determine the adequacy of funding, and formulas used by

the Bureau to determine funding, for programs operated by

Bureau-funded schools, taking into account unique circumstances

applicable to Bureau-funded schools. The study shall analyze

existing information gathered and contained in germane studies

that have been conducted or are currently being conducted with

regard to Bureau-funded schools.

(2) Action

Upon completion of the study, the Secretary of the Interior

shall take such action as necessary to ensure distribution of the

findings of the study to all affected Indian tribes, local school

boards, and associations of local school boards.

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1121, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2007.)

-REFTEXT-

REFERENCES IN TEXT

This section, referred to in subsec. (b)(4) and the second place

appearing in subsec. (c)(1), mean section 1121 of Pub. L. 95-561,

prior to the general amendment of this chapter by Pub. L. 107-110.

See Prior Provisions notes below.

The Indian Self-Determination Act, referred to in subsec.

(b)(8)(D)-(F), is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat.

2206, as amended, which is classified principally to part A (Sec.

450f et seq.) of subchapter II of chapter 14 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 450 of this title and Tables.

The Tribally Controlled Schools Act of 1988, referred to in

subsecs. (b)(8)(D)-(F) and (d)(7)(C), is part B (Secs. 5201-5212)

of title V of Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 385, as

amended, which is classified generally to chapter 27 (Sec. 2501 et

seq.) of this title. Sections 5204 and 5207 of the Act were

classified to sections 2503 and 2506, respectively, of this title,

prior to repeal by Pub. L. 107-110, title X, Sec. 1043, Jan. 8,

2002, 115 Stat. 2063. Pub. L. 107-110 enacted new sections 5204 and

5207 which are classified to sections 2503 and 2506, respectively,

of this title. Pub. L. 107-110 enacted new sections 5203 and 5206

of Pub. L. 100-297, relating to subject matter similar to that of

former sections 5204 and 5207, respectively, which are classified

to sections 2502 and 2505, respectively, of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 2501 of this title and Tables.

The Indian Self-Determination and Education Assistance Act

referred to in subsec. (e)(4)(C), is Pub. L. 93-638, Jan. 4, 1975,

88 Stat. 2203, as amended, which is classified principally to part

A (Sec. 450 et seq.) of subchapter II of chapter 14 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 450 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2001, Pub. L. 95-561, title XI, Sec. 1121, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 3979; amended Pub. L. 104-134, title I, Sec. 101(d) [title

VII, Sec. 703(d)], Apr. 26, 1996, 110 Stat. 1321-211, 1321-255;

renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110

Stat. 1327; Pub. L. 105-362, title VIII, Sec. 801(c)(1), Nov. 10,

1998, 112 Stat. 3287, related to standards for basic education of

Indian children in Bureau of Indian Affairs schools, prior to the

general amendment of this chapter by Pub. L. 107-110.

Another prior section 2001, Pub. L. 95-561, title XI, Sec. 1121,

Nov. 1, 1978, 92 Stat. 2316; Pub. L. 96-46, Sec. 2(b)(2)-(4), Aug.

6, 1979, 93 Stat. 341; Pub. L. 96-88, title III, Sec. 301(a)(1),

title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 692; Pub. L.

98-511, title V, Sec. 502, Oct. 19, 1984, 98 Stat. 2391; Pub. L.

99-89, Sec. 2, Aug. 15, 1985, 99 Stat. 379; Pub. L. 99-570, title

IV, Sec. 4133(b)(3), Oct. 27, 1986, 100 Stat. 3207-134; Pub. L.

100-297, title V, Secs. 5102, 5104, Apr. 28, 1988, 102 Stat. 363,

365; Pub. L. 100-427, Sec. 1(a), (b), Sept. 9, 1988, 102 Stat.

1603; Pub. L. 102-531, title III, Sec. 312(b), Oct. 27, 1992, 106

Stat. 3504, related to standards for basic education of Indian

children in Bureau or contract schools, prior to the general

amendment of this chapter by Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2005, 2007, 2010, 2015 of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "Regulations,".

-End-

-CITE-

25 USC Sec. 2002 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2002. National criteria for home-living situations

-STATUTE-

(a) Revision of standards

(1) In general

The Secretary, in consultation with the Secretary of Education,

Indian organizations and tribes, and Bureau-funded schools, shall

revise the national standards for home-living (dormitory)

situations to include such factors as heating, lighting, cooling,

adult-child ratios, needs for counselors (including special needs

related to off-reservation home-living (dormitory) situations),

therapeutic programs, space, and privacy.

(2) Implementation

Such standards shall be implemented in Bureau-operated schools,

and shall serve as minimum standards for contract or grant

schools.

(3) Revision after establishment

Once established, any revisions of such standards shall be

developed according to the requirements established under section

2017 of this title.

(b) Implementation

The Secretary shall implement the revised standards established

under this section immediately upon completion of the standards.

(c) Plan

(1) In general

The Secretary shall submit to the appropriate committees of

Congress, the tribes, and the affected schools, and publish in

the Federal Register, a detailed plan to bring all Bureau-funded

schools that provide home-living (dormitory) situations up to the

standards established under this section.

(2) Components of plan

The plan described in paragraph (1) shall include -

(A) a statement of the relative needs of each Bureau-funded

home-living (dormitory) school;

(B) projected future needs of each Bureau-funded home-living

(dormitory) school;

(C) detailed information on the status of each school in

relation to the standards established under this section;

(D) specific cost estimates for meeting each standard for

each such school;

(E) aggregate cost estimates for bringing all such schools

into compliance with the criteria established under this

section; and

(F) specific timelines for bringing each school into

compliance with such standards.

(d) Waiver

(1) In general

A tribal governing body or local school board may, in

accordance with this subsection, waive the standards established

under this section for a school described in subsection (a) of

this section.

(2) Inappropriate standards

(A) In general

A tribal governing body, or the local school board so

designated by the tribal governing body, may waive, in whole or

in part, the standards established under this section if such

standards are determined by such body or board to be

inappropriate for the needs of students from that tribe.

(B) Alternative standards

The tribal governing body or school board involved shall, not

later than 60 days after providing a waiver under subparagraph

(A) for a school, submit to the Director a proposal for

alternative standards that take into account the specific needs

of the tribe's children. Such alternative standards shall be

established by the Director for the school involved unless

specifically rejected by the Director for good cause and in

writing provided to the affected tribes or local school board.

(e) Closure for failure to meet standards prohibited

No school in operation on or before July 1, 1999 (regardless of

compliance or noncompliance with the standards established under

this section), may be closed, transferred to another authority, or

consolidated, and no program of such a school may be substantially

curtailed, because the school failed to meet such standards.

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1122, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2018.)

-MISC1-

PRIOR PROVISIONS

A prior section 2002, Pub. L. 95-561, title XI, Sec. 1122, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 3984; amended Pub. L. 105-362, title VIII, Sec. 801(c)(2),

Nov. 10, 1998, 112 Stat. 3288, related to national criteria for

dormitory situations, prior to the general amendment of this

chapter by Pub. L. 107-110.

Another prior section 2002, Pub. L. 95-561, title XI, Sec. 1122,

Nov. 1, 1978, 92 Stat. 2318; Pub. L. 96-46, Sec. 2(b)(5), Aug. 6,

1979, 93 Stat. 341; Pub. L. 96-88, title III, Sec. 301(a)(1), title

V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 692; Pub. L. 100-297,

title V, Sec. 5105, Apr. 28, 1988, 102 Stat. 367, related to

national criteria for dormitory situations, prior to the general

amendment of this chapter by Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2002, 2007, 2015 of this

title.

-End-

-CITE-

25 USC Sec. 2003 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2003. Codification of regulations

-STATUTE-

(a) Part 32 of Title 25, Code of Federal Regulations

The provisions of part 32 of title 25, Code of Federal

Regulations, as in effect on January 1, 1987, are incorporated into

this Act and shall be treated as though such provisions are set

forth in this subsection. Such provisions may be altered only by

means of an Act of Congress. To the extent that such provisions of

part 32 do not conform with this Act or any statutory provision of

law enacted before November 1, 1978, the provisions of this Act and

the provisions of such other statutory law shall govern.

(b) Definition of regulation

In this section, the term "regulation" means any rule,

regulation, guideline, interpretation, order, or requirement of

general applicability prescribed by any officer or employee of the

executive branch.

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1123, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2019.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), means Pub. L. 95-561, Nov.

1, 1978, 92 Stat. 2143, as amended, known as the Education

Amendments of 1978. For complete classification of this Act to the

Code, see Short Title of 1978 Amendment note set out under section

6301 of Title 20, Education, and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2003, Pub. L. 95-561, title XI, Sec. 1123, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 3985, related to the incorporation of regulations into, or

the application of regulations to, Pub. L. 95-561, prior to the

general amendment of this chapter by Pub. L. 107-110.

Another prior section 2003, Pub. L. 95-561, title XI, Sec. 1123,

Nov. 1, 1978, 92 Stat. 2319; Pub. L. 100-297, title V, Sec. 5106,

Apr. 28, 1988, 102 Stat. 367, related to the incorporation of

regulations into, or the application of regulations to, Pub. L.

95-561, prior to the general amendment of this chapter by Pub. L.

103-382.

-End-

-CITE-

25 USC Sec. 2004 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2004. School boundaries

-STATUTE-

(a) Establishment by Secretary

The Secretary shall establish, by regulation, separate

geographical attendance areas for each Bureau-funded school.

(b) Establishment by tribal body

In any case where there is more than one Bureau-funded school

located on an Indian reservation, at the direction of the tribal

governing body, the relevant school boards of the Bureau-funded

schools on the reservation may, by mutual consent, establish the

relevant attendance areas for such schools, subject to the approval

of the tribal governing body. Any such boundaries so established

shall be accepted by the Secretary.

(c) Boundary revisions

(1) Notice

On or after July 1, 2001, no geographical attendance area shall

be revised or established with respect to any Bureau-funded

school unless the tribal governing body or the local school board

concerned (if so designated by the tribal governing body) has

been afforded -

(A) at least 6 months notice of the intention of the Bureau

to revise or establish such attendance area; and

(B) the opportunity to propose alternative boundaries.

(2) Revision process

Any tribe may petition the Secretary for revision of existing

attendance area boundaries. The Secretary shall accept such

proposed alternative or revised boundaries unless the Secretary

finds, after consultation with the affected tribe or tribes, that

such revised boundaries do not reflect the needs of the Indian

students to be served or do not provide adequate stability to all

of the affected programs. The Secretary shall cause such

revisions to be published in the Federal Register.

(3) Tribal resolution determination

Nothing in this section shall deny a tribal governing body the

authority, on a continuing basis, to adopt a tribal resolution

allowing parents the choice of the Bureau-funded school their

children may attend, regardless of the attendance boundaries

established under this section.

(d) Funding restrictions

(1) In general

The Secretary shall not deny funding to a Bureau-funded school

for any eligible Indian student attending the school solely

because that student's home or domicile is outside of the

geographical attendance area established for that school under

this section.

(2) Transportation

No funding shall be made available without tribal authorization

to enable a school to provide transportation for any student to

or from the school and a location outside the approved attendance

area of the school.

(e) Reservation as boundary

When there is only one Bureau-funded program located on an Indian

reservation -

(1) the attendance area for the program shall be the boundaries

(established by treaty, agreement, legislation, court decisions,

or executive decisions and as accepted by the tribe) of the

reservation served; and

(2) those students residing near the reservation shall also

receive services from such program.

(f) Off-reservation home-living (dormitory) schools

(1) In general

Notwithstanding any geographical attendance areas, attendance

at off-reservation home-living (dormitory) schools shall include

students requiring special emphasis programs to be implemented at

each off-reservation home-living (dormitory) school.

(2) Coordination

Such attendance shall be coordinated between education line

officers, the family, and the referring and receiving programs.

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1124, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2019.)

-MISC1-

PRIOR PROVISIONS

A prior section 2004, Pub. L. 95-561, title XI, Sec. 1124, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 3986, related to school boundaries, prior to the general

amendment of this chapter by Pub. L. 107-110.

Another prior section 2004, Pub. L. 95-561, title XI, Sec. 1124,

Nov. 1, 1978, 92 Stat. 2319; Pub. L. 98-511, title V, Sec. 503,

Oct. 19, 1984, 98 Stat. 2393; Pub. L. 99-89, Sec. 3, Aug. 15, 1985,

99 Stat. 380; Pub. L. 100-297, title V, Sec. 5120, Apr. 28, 1988,

102 Stat. 384, related to school boundaries, prior to the general

amendment of this chapter by Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2015 of this title.

-End-

-CITE-

25 USC Sec. 2005 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2005. Facilities construction

-STATUTE-

(a) National survey of facilities conditions

(1) In general

Not later than 12 months after January 8, 2002, the General

Accounting Office shall compile, collect, and secure the data

that are needed to prepare a national survey of the physical

conditions of all Bureau-funded school facilities.

(2) Data and methodologies

In preparing the national survey required under paragraph (1),

the General Accounting Office shall use the following data and

methodologies:

(A) The existing Department of Defense formula for

determining the condition and adequacy of Department of Defense

facilities.

(B) Data related to conditions of Bureau-funded schools that

has previously been compiled, collected, or secured from

whatever source derived so long as the data are accurate,

relevant, timely, and necessary to the survey.

(C) The methodologies of the American Institute of

Architects, or other accredited and reputable architecture or

engineering associations.

(3) Consultations

(A) In general

In carrying out the survey required under paragraph (1), the

General Accounting Office shall, to the maximum extent

practicable, consult (and if necessary contract) with national,

regional, and tribal Indian education organizations to ensure

that a complete and accurate national survey is achieved.

(B) Requests for information

All Bureau-funded schools shall comply with reasonable

requests for information by the General Accounting Office and

shall respond to such requests in a timely fashion.

(4) Submission

Not later than 2 years after January 8, 2002, the General

Accounting Office shall submit the results of the national survey

conducted under paragraph (1) to the Committee on Indian Affairs,

the Committee on Health, Education, Labor, and Pensions, and the

Committee on Appropriations of the Senate and the Committee on

Resources, the Committee on Education and the Workforce, and the

Committee on Appropriations of the House of Representatives and

to the Secretary. The Secretary shall submit the results of the

national survey to school boards of Bureau-funded schools and

their respective tribes.

(5) Negotiated rulemaking committee

(A) In general

Not later than 6 months after the date on which the

submission is made under paragraph (4), the Secretary shall

establish a negotiated rulemaking committee pursuant to section

2018(b)(3) of this title. The negotiated rulemaking committee

shall prepare and submit to the Secretary the following:

(i) A catalog of the condition of school facilities at all

Bureau-funded schools that -

(I) incorporates the findings from the General Accounting

Office study evaluating and comparing school systems of the

Department of Defense and the Bureau of Indian Affairs;

(II) rates such facilities with respect to the rate of

deterioration and useful life of structures and major

systems;

(III) establishes a routine maintenance schedule for each

facility;

(IV) identifies the complementary educational facilities

that do not exist but that are needed; and

(V) makes projections on the amount of funds needed to

keep each school viable, consistent with the accreditation

standards required pursuant to this Act.

(ii) A school replacement and new construction report that

determines replacement and new construction need, and a

formula for the equitable distribution of funds to address

such need, for Bureau-funded schools. Such formula shall

utilize necessary factors in determining an equitable

distribution of funds, including -

(I) the size of school;

(II) school enrollment;

(III) the age of the school;

(IV) the condition of the school;

(V) environmental factors at the school; and

(VI) school isolation.

(iii) A renovation repairs report that determines

renovation need (major and minor), and a formula for the

equitable distribution of funds to address such need, for

Bureau-funded schools. Such report shall identify needed

repairs or renovations with respect to a facility, or a part

of a facility, or the grounds of the facility, to remedy a

need based on disabilities access or health and safety

changes to a facility. The formula developed shall utilize

necessary factors in determining an equitable distribution of

funds, including the factors described in clause (ii).

(B) Submission of reports

Not later than 24 months after the negotiated rulemaking

committee is established under subparagraph (A), the reports

described in clauses (ii) and (iii) of subparagraph (A) shall

be submitted to the committees of Congress referred to in

paragraph (4), the national and regional Indian education

organizations, and to all school boards of Bureau-funded

schools and their respective tribes.

(6) Facilities information systems support database

The Secretary shall develop a Facilities Information Systems

Support Database to maintain and update the information contained

in the reports under clauses (ii) and (iii) of paragraph (5)(A)

and the information contained in the survey conducted under

paragraph (1). The system shall be updated every 3 years by the

Bureau of Indian Affairs and monitored by General Accounting

Office, and shall be made available to school boards of

Bureau-funded schools and their respective tribes, and Congress.

(b) Compliance with health and safety standards

(1) In general

The Secretary shall immediately begin to bring all schools,

dormitories, and other Indian education-related facilities

operated by the Bureau or under contract or grant with the

Bureau, into compliance with -

(A) all applicable tribal, Federal, or State health and

safety standards, whichever provides greater protection (except

that the tribal standards to be applied shall be no greater

than any otherwise applicable Federal or State standards);

(B) section 794 of title 29; and

(C) the Americans with Disabilities Act of 1990 [42 U.S.C.

12101 et seq.].

(2) No termination required

Nothing in this subsection requires termination of the

operations of any facility that -

(A) does not comply with the provisions and standards

described in paragraph (1); and

(B) is in use on January 8, 2002.

(c) Compliance plan

At the time that the annual budget request for Bureau educational

services is presented, the Secretary shall submit to the

appropriate committees of Congress a detailed plan to bring all

facilities covered under subsection (a) of this section into

compliance with the standards referred to in that subsection that

includes -

(1) detailed information on the status of each facility's

compliance with such standards;

(2) specific cost estimates for meeting such standards at each

school; and

(3) specific timelines for bringing each school into compliance

with such standards.

(d) Construction priorities

(1) System to establish priorities

On an annual basis, the Secretary shall submit to the

appropriate committees of Congress and cause to be published in

the Federal Register, the system used to establish priorities for

replacement and construction projects for Bureau-funded schools

and home-living schools, including boarding schools and

dormitories. At the time any budget request for education is

presented, the Secretary shall publish in the Federal Register

and submit with the budget request the current list of all

Bureau-funded school construction priorities.

(2) Long-term construction and replacement list

In addition to the plan submitted under subsection (c) of this

section, the Secretary shall -

(A) not later than 18 months after January 8, 2002, establish

a long-term construction and replacement list for all

Bureau-funded schools;

(B) using the list prepared under subparagraph (A), propose a

list for the orderly replacement of all Bureau-funded

education-related facilities over a period of 40 years to

enable planning and scheduling of budget requests;

(C) cause the list prepared under subparagraph (B) to be

published in the Federal Register and allow a period of not

less than 120 days for public comment;

(D) make such revisions to the list prepared under

subparagraph (B) as are appropriate based on the comments

received; and

(E) cause the final list to be published in the Federal

Register.

(3) Effect on other list

Nothing in this section shall interfere with or change in any

way the construction priority list as it existed on the day

before January 8, 2002.

(e) Hazardous condition at Bureau-funded school

(1) Closure, consolidation, or curtailment

(A) In general

A Bureau-funded school may be closed or consolidated, or the

programs of a Bureau-funded school may be substantially

curtailed, by reason of facility conditions that constitute an

immediate hazard to health and safety only if a health and

safety officer of the Bureau and an individual designated at

the beginning of the school year by the tribe involved under

subparagraph (B) determine that such conditions exist at a

facility of the Bureau-funded school.

(B) Designation of individual by tribe

To be designated by a tribe for purposes of subparagraph (A),

an individual shall -

(i) be a licensed or certified facilities safety inspector;

(ii) have demonstrated experience in the inspection of

facilities for health and safety purposes with respect to

occupancy; or

(iii) have a significant educational background in the

health and safety of facilities with respect to occupancy.

(C) Inspection

After making a determination described in subparagraph (A),

the Bureau health and safety officer and the individual

designated by the tribe shall conduct an inspection of the

conditions of such facility in order to determine whether

conditions at such facility constitute an immediate hazard to

health and safety. Such inspection shall be completed as

expeditiously as practicable, but not later than 20 days after

the date on which the action described in subparagraph (A) is

taken.

(D) Failure to concur

If the Bureau health and safety officer, and the individual

designated by the tribe, conducting the inspection of a

facility required under subparagraph (C) do not concur that

conditions at the facility constitute an immediate hazard to

health and safety, such officer and individual shall

immediately notify the tribal governing body and provide

written information related to their determinations.

(E) Consideration by tribal governing body

Not later than 10 days after a tribal governing body receives

notice under subparagraph (D), the tribal governing body shall

consider all information relating to the determinations of the

Bureau health and safety officer and the individual designated

by the tribe and make a determination regarding the closure,

consolidation, or curtailment involved.

(F) Agreement to close, consolidate, or curtail

(i) In general

If the Bureau health and safety officer and the individual

designated by the tribe conducting the inspection of a

facility required under subparagraph (C), concur that

conditions at the facility constitute an immediate hazard to

health and safety, or if the tribal governing body makes such

a determination under subparagraph (E), the facility involved

shall be closed immediately.

(ii) Reopening of facility if no immediate hazard found to

exist

If the Bureau health and safety officer or the individual

designated by the tribe conducting the inspection of a

facility required under subparagraph (C) determines that

conditions at the facility do not constitute an immediate

hazard to health and safety, any consolidation or curtailment

that was made under this paragraph shall immediately cease

and any school closed by reason of conditions at the facility

shall be reopened immediately.

(G) General closure report

If a Bureau-funded school is temporarily closed or

consolidated or the programs of a Bureau-funded school are

temporarily substantially curtailed under this subsection and

the Secretary determines that the closure, consolidation, or

curtailment will exceed 1 year, the Secretary shall submit to

the appropriate committees of Congress, the affected tribe, and

the local school board, not later than 90 days after the date

on which the closure, consolidation, or curtailment was

initiated, a report that specifies -

(i) the reasons for such temporary action;

(ii) the actions the Secretary is taking to eliminate the

conditions that constitute the hazard;

(iii) an estimated date by which the actions described in

clause (ii) will be concluded; and

(iv) a plan for providing alternate education services for

students enrolled at the school that is to be closed.

(2) Nonapplication of certain standards for temporary facility

use

(A) Classroom activities

The Secretary shall permit the local school board to

temporarily utilize facilities adjacent to the school, or

satellite facilities, if such facilities are suitable for

conducting classroom activities. In permitting the use of

facilities under the preceding sentence, the Secretary may

waive applicable minor standards under section 2001 of this

title relating to such facilities (such as the required number

of exit lights or configuration of restrooms) so long as such

waivers do not result in the creation of an environment that

constitutes an immediate and substantial threat to the health,

safety, and life of students and staff.

(B) Administrative activities

The provisions of subparagraph (A) shall apply with respect

to administrative personnel if the facilities involved are

suitable for activities performed by such personnel.

(C) Temporary

In this paragraph, the term "temporary" means -

(i) with respect to a school that is to be closed for not

more than 1 year, 3 months or less; and

(ii) with respect to a school that is to be closed for not

less than 1 year, a time period determined appropriate by the

Bureau.

(3) Treatment of closure

Any closure of a Bureau-funded school under this subsection for

a period that exceeds 30 days but is less than 1 year, shall be

treated by the Bureau as an emergency facility improvement and

repair project.

(4) Use of funds

With respect to a Bureau-funded school that is closed under

this subsection, the tribal governing body, or the designated

local school board of each Bureau-funded school, involved may

authorize the use of funds allocated pursuant to section 2007 of

this title, to abate the hazardous conditions without further

action by Congress.

(f) Funding requirement

(1) Distribution of funds

Beginning with the first fiscal year following January 8, 2002,

all funds appropriated to the budget accounts for the operations

and maintenance of Bureau-funded schools shall be distributed by

formula to the schools. No funds from these accounts may be

retained or segregated by the Bureau to pay for administrative or

other costs of any facilities branch or office, at any level of

the Bureau.

(2) Requirements for certain uses

No funds shall be withheld from the distribution to the budget

of any school operated under contract or grant by the Bureau for

maintenance or any other facilities or road-related purpose,

unless such school has consented, as a modification to the

contract or in writing for grants schools, to the withholding of

such funds, including the amount thereof, the purpose for which

the funds will be used, and the timeline for the services to be

provided. The school may, at the end of any fiscal year, cancel

an agreement under this paragraph upon giving the Bureau 30 days

notice of its intent to do so.

(g) No reduction in Federal funding

Nothing in this section shall diminish any Federal funding due to

the receipt by the school of funding for facilities improvement or

construction from a State or any other source.

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1125, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2021.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a)(5)(A)(i)(V), means Pub. L.

95-561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as the

Education Amendments of 1978. For complete classification of this

Act to the Code, see Short Title of 1978 Amendment note set out

under section 6301 of Title 20, Education, and Tables.

The Americans with Disabilities Act of 1990, referred to in

subsec. (b)(1)(C), is Pub. L. 101-336, July 26, 1990, 104 Stat.

327, as amended which is classified principally to chapter 126

(Sec. 12101 et seq.) of Title 42, The Public Health and Welfare.

For complete classification of this Act to the Code, see Short

Title note set out under section 12101 of Title 42 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2005, Pub. L. 95-561, title XI, Sec. 1125, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 3986, related to facilities construction, prior to the

general amendment of this chapter by Pub. L. 107-110.

Another prior section 2005, Pub. L. 95-561, title XI, Sec. 1125,

Nov. 1, 1978, 92 Stat. 2319; Pub. L. 100-297, title V, Sec. 5103,

Apr. 28, 1988, 102 Stat. 364, related to facilities construction,

prior to the general amendment of this chapter by Pub. L. 103-382.

USE OF TRIBAL PRIORITY ALLOCATIONS FUNDS FOR SCHOOL FACILITIES

Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998,

112 Stat. 2681-231, 2681-246, provided in part: "That hereafter

tribes may use tribal priority allocations funds for the

replacement and repair of school facilities in compliance with

[former] 25 U.S.C. 2005(a) [see now 25 U.S.C. 2005(b)], so long as

such replacement or repair is approved by the Secretary and

completed with non-Federal tribal and/or tribal priority allocation

funds".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2006, 2503 of this title.

-End-

-CITE-

25 USC Sec. 2006 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2006. Bureau of Indian Affairs education functions

-STATUTE-

(a) Formulation and establishment of policy and procedure;

supervision of programs and expenditures

The Secretary shall vest in the Assistant Secretary for Indian

Affairs all functions with respect to formulation and establishment

of policy and procedure and supervision of programs and

expenditures of Federal funds for the purpose of Indian education

administered by the Bureau. The Assistant Secretary shall carry out

such functions through the Director of the Office of Indian

Education Programs.

(b) Direction and supervision of personnel operations

(1) In general

Not later than 180 days after January 8, 2002, the Director of

the Office shall direct and supervise the operations of all

personnel directly and substantially involved in the provision of

education program services by the Bureau, including school or

institution custodial or maintenance personnel, and personnel

responsible for contracting, procurement, and finance functions

connected with school operation programs.

(2) Transfers

The Assistant Secretary for Indian Affairs shall, not later

than 180 days after January 8, 2002, coordinate the transfer of

functions relating to procurements for, contracts of, operation

of, and maintenance of schools and other support functions to the

Director.

(c) Inherent Federal function

For purposes of this Act, all functions relating to education

that are located at the Area or Agency level and performed by an

education line officer shall be subject to contract under the

Indian Self-Determination and Education Assistance Act [25 U.S.C.

450 et seq.], unless determined by the Secretary to be inherently

Federal functions as defined in section 2021(12) of this title.

(d) Evaluation of programs; services and support functions;

technical and coordinating assistance

Education personnel who are under the direction and supervision

of the Director of the Office of Indian Education Programs in

accordance with subsection (b)(1) of this section shall -

(1) monitor and evaluate Bureau education programs;

(2) provide all services and support functions for education

programs with respect to personnel matters involving staffing

actions and functions; and

(3) provide technical and coordinating assistance in areas such

as procurement, contracting, budgeting, personnel, curriculum,

and operation and maintenance of school facilities.

(e) Construction, improvement, operation, and maintenance of

facilities

(1) Plan for construction

The Assistant Secretary shall submit as part of the annual

budget a plan -

(A) for school facilities to be constructed under section

2005(c) of this title;

(B) for establishing priorities among projects and for the

improvement and repair of educational facilities, which

together shall form the basis for the distribution of

appropriated funds; and

(C) for capital improvements to be made over the 5 succeeding

years.

(2) Program for operation and maintenance

(A) Establishment

The Assistant Secretary shall establish a program, including

the distribution of appropriated funds, for the operation and

maintenance of education facilities. Such program shall include

-

(i) a method of computing the amount necessary for each

educational facility;

(ii) similar treatment of all Bureau-funded schools;

(iii) a notice of an allocation of appropriated funds from

the Director of the Office of Indian Education Programs

directly to the education line officers and appropriate

school officials;

(iv) a method for determining the need for, and priority

of, facilities repair and maintenance projects, both major

and minor (to be determined, through the conduct by the

Assistant Secretary, of a series of meetings at the agency

and area level with representatives of the Bureau-funded

schools in those areas and agencies to receive comment on the

lists and prioritization of such projects); and

(v) a system for the conduct of routine preventive

maintenance.

(B) Local supervisors

The appropriate education line officers shall make

arrangements for the maintenance of education facilities with

the local supervisors of the Bureau maintenance personnel. The

local supervisors of Bureau maintenance personnel shall take

appropriate action to implement the decisions made by the

appropriate education line officers, except that no funds under

this chapter may be authorized for expenditure unless such

appropriate education line officer is assured that the

necessary maintenance has been, or will be, provided in a

reasonable manner.

(3) Implementation

This subsection shall be implemented as soon as practicable

after January 8, 2002.

(f) Acceptance of gifts and bequests

(1) Guidelines

Notwithstanding any other provision of law, the Director of the

Office shall promulgate guidelines for the establishment and

administration of mechanisms for the acceptance of gifts and

bequests for the use and benefit of particular schools or

designated Bureau-operated education programs, including, in

appropriate cases, the establishment and administration of trust

funds.

(2) Monitoring and reports

Except as provided in paragraph (3), in a case in which a

Bureau-operated education program is the beneficiary of such a

gift or bequest, the Director shall -

(A) make provisions for monitoring use of the gift or

bequest; and

(B) submit a report to the appropriate committees of Congress

that describes the amount and terms of such gift or bequest,

the manner in which such gift or bequest shall be used, and any

results achieved by such use.

(3) Exception

The requirements of paragraph (2) shall not apply in the case

of a gift or bequest that is valued at $5,000 or less.

(g) Definition of functions

For the purpose of this section, the term "functions" includes

powers and duties.

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1126, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2026.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (c), means Pub. L. 95-561, Nov.

1, 1978, 92 Stat. 2143, as amended, known as the Education

Amendments of 1978. For complete classification of this Act to the

Code, see Short Title of 1978 Amendment note set out under section

6301 of Title 20, Education, and Tables.

The Indian Self-Determination and Education Assistance Act,

referred to in subsec. (c), is Pub. L. 93-638, Jan. 4, 1975, 88

Stat. 2203, as amended, which is classified principally to

subchapter II (Sec. 450 et seq.) of chapter 14 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 450 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2006, Pub. L. 95-561, title XI, Sec. 1126, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 3988, related to Bureau of Indian Affairs education

functions, prior to the general amendment of this chapter by Pub.

L. 107-110.

Another prior section 2006, Pub. L. 95-561, title XI, Sec. 1126,

Nov. 1, 1978, 92 Stat. 2319; Pub. L. 96-46, Sec. 2(b)(6), Aug. 6,

1979, 93 Stat. 341; Pub. L. 98-511, title V, Sec. 504, Oct. 19,

1984, 98 Stat. 2393; Pub. L. 99-89, Sec. 4, Aug. 15, 1985, 99 Stat.

381; Pub. L. 100-427, Sec. 1(c)(3), Sept. 9, 1988, 102 Stat. 1603,

related to Bureau of Indian Affairs education functions, prior to

the general amendment of this chapter by Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2021, 2503 of this title.

-End-

-CITE-

25 USC Sec. 2007 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2007. Allotment formula

-STATUTE-

(a) Factors considered; revision to reflect standards

(1) Formula

The Secretary shall establish, by regulation adopted in

accordance with section 2017 of this title, a formula for

determining the minimum annual amount of funds necessary to

sustain each Bureau-funded school. In establishing such formula,

the Secretary shall consider -

(A) the number of eligible Indian students served and total

student population of the school;

(B) special cost factors, such as -

(i) the isolation of the school;

(ii) the need for special staffing, transportation, or

educational programs;

(iii) food and housing costs;

(iv) maintenance and repair costs associated with the

physical condition of the educational facilities;

(v) special transportation and other costs of isolated and

small schools;

(vi) the costs of home-living (dormitory) arrangements,

where determined necessary by a tribal governing body or

designated school board;

(vii) costs associated with greater lengths of service by

education personnel;

(viii) the costs of therapeutic programs for students

requiring such programs; and

(ix) special costs for gifted and talented students;

(C) the cost of providing academic services which are at

least equivalent to those provided by public schools in the

State in which the school is located;

(D) whether the available funding will enable the school

involved to comply with the accreditation standards applicable

to the school under section 2001 of this title; and

(E) such other relevant factors as the Secretary determines

are appropriate.

(2) Revision of formula

(A) In general

Upon the establishment of the standards required in section

2002 of this title, the Secretary shall revise the formula

established under this subsection to reflect the cost of

funding such standards.

(B) Review of formula

Not later than January 1, 2003, the Secretary shall review

the formula established under this section and shall take such

steps as are necessary to increase the availability of

counseling and therapeutic programs for students in

off-reservation home-living (dormitory) schools and other

Bureau-operated residential facilities.

(C) Review of standards

Concurrent with such action, the Secretary shall review the

standards established under section 2002 of this title to be

certain that adequate provision is made for parental

notification regarding, and consent for, such counseling and

therapeutic programs.

(b) Pro rata allotment

Notwithstanding any other provision of law, Federal funds

appropriated for the general local operation of Bureau-funded

schools shall be allotted pro rata in accordance with the formula

established under subsection (a) of this section.

(c) Annual adjustment; reservation of amount for school board

activities

(1) Annual adjustment

For fiscal year 2003, and for each subsequent fiscal year, the

Secretary shall adjust the formula established under subsection

(a) of this section to ensure that the formula does the

following:

(A) Uses a weighted unit of 1.2 for each eligible Indian

student enrolled in the seventh and eighth grades of the school

in considering the number of eligible Indian students served by

the school.

(B) Considers a school with an enrollment of less than 50

eligible Indian students as having an average daily attendance

of 50 eligible Indian students for purposes of implementing the

adjustment factor for small schools.

(C) Takes into account the provision of residential services

on less than a 9-month basis at a school when the school board

and supervisor of the school determine that a less than 9-month

basis will be implemented for the school year involved.

(D) Uses a weighted unit of 2.0 for each eligible Indian

student that -

(i) is gifted and talented; and

(ii) is enrolled in the school on a full-time basis,

in considering the number of eligible Indian students served by

the school.

(E) Uses a weighted unit of 0.25 for each eligible Indian

student who is enrolled in a year-long credit course in an

Indian or Native language as part of the regular curriculum of

a school, in considering the number of eligible Indian students

served by such school. The adjustment required under this

subparagraph shall be used for such school after -

(i) the certification of the Indian or Native language

curriculum by the school board of such school to the

Secretary, together with an estimate of the number of

full-time students expected to be enrolled in the curriculum

in the second school year for which the certification is

made; and

(ii) the funds appropriated for allotment under this

section are designated by the appropriations Act

appropriating such funds as the amount necessary to implement

such adjustment at such school without reducing allotments

made under this section to any school by virtue of such

adjustment.

(2) Reservation of amount

(A) In general

From the funds allotted in accordance with the formula

established under subsection (a) of this section for each

Bureau school, the local school board of such school may

reserve an amount which does not exceed the greater of -

(i) $8,000; or

(ii) the lesser of -

(I) $15,000; or

(II) 1 percent of such allotted funds,

for school board activities for such school, including

(notwithstanding any other provision of law) meeting expenses

and the cost of membership in, and support of, organizations

engaged in activities on behalf of Indian education.

(B) Training

(i) In general

Each local school board, and any agency school board that

serves as a local school board for any grant or contract

school, shall ensure that each individual who is a new member

of the school board receives, within 1 year after the

individual becomes a member of the school board, 40 hours of

training relevant to that individual's service on the board.

(ii) Types of training

Such training may include training concerning legal issues

pertaining to Bureau-funded schools, legal issues pertaining

to school boards, ethics, and other topics determined to be

appropriate by the school board.

(iii) Recommendation

The training described in this subparagraph shall not be

required, but is recommended, for a tribal governing body

that serves in the capacity of a school board.

(d) Reservation of amount for emergencies

(1) In general

The Secretary shall reserve from the funds available for

distribution for each fiscal year under this section an amount

that, in the aggregate, equals 1 percent of the funds available

for such purpose for that fiscal year, to be used, at the

discretion of the Director of the Office of Indian Education

Programs, to meet emergencies and unforeseen contingencies

affecting the education programs funded under this section.

(2) Use of funds

Funds reserved under this subsection may be expended only for

education services or programs, including emergency repairs of

educational facilities, at a schoolsite (as defined by section

2503(c)(2) (!1) of this title).

(3) Availability of funds

Funds reserved under this subsection shall remain available

without fiscal year limitation until expended. However, the

aggregate amount available from all fiscal years may not exceed 1

percent of the current year funds.

(4) Report

When the Secretary makes funds available under this subsection,

the Secretary shall report such action to the appropriate

committees of Congress within the annual budget submission.

(e) Supplemental appropriations

Supplemental appropriations enacted to meet increased pay costs

attributable to school level personnel shall be distributed under

this section.

(f) Eligible Indian student defined

In this section, the term "eligible Indian student" means a

student who -

(1) is a member of, or is at least one-fourth degree Indian

blood descendant of a member of, a tribe that is eligible for the

special programs and services provided by the United States

through the Bureau to Indians because of their status as Indians;

(2) resides on or near a reservation or meets the criteria for

attendance at a Bureau off-reservation home-living school; and

(3) is enrolled in a Bureau-funded school.

(g) Tuition

(1) In general

No eligible Indian student or a student attending a Bureau

school under paragraph (2)(C) may be charged tuition for

attendance at a Bureau school or contract or grant school.

(2) Attendance of non-Indian students at Bureau schools

The Secretary may permit the attendance at a Bureau school of a

student who is not an eligible Indian student if -

(A) the Secretary determines that the student's attendance

will not adversely affect the school's program for eligible

Indian students because of cost, overcrowding, or violation of

standards or accreditation;

(B) the school board consents;

(C) the student is a dependent of a Bureau, Indian Health

Service, or tribal government employee who lives on or near the

school site; or

(D) tuition is paid for the student that is not more than the

tuition charged by the nearest public school district for

out-of-district students and shall be in addition to the

school's allocation under this section.

(3) Attendance of non-Indian students at contract and grant

schools

The school board of a contract or grant school may permit

students who are not eligible Indian students under this

subsection to attend its contract school or grant school. Any

tuition collected for those students shall be in addition to

funding received under this section.

(h) Funds available without fiscal year limitation

Notwithstanding any other provision of law, at the election of

the school board of a Bureau school made at any time during the

fiscal year, a portion equal to not more than 15 percent of the

funds allocated with respect to a school under this section for any

fiscal year shall remain available to the school for expenditure

without fiscal year limitation. The Assistant Secretary shall take

such steps as are necessary to implement this subsection.

(i) Students at Richfield dormitory, Richfield, Utah

(1) In general

Tuition for the instruction of each out-of-State Indian student

in a home-living situation at the Richfield dormitory in

Richfield, Utah, who attends Sevier County high schools in

Richfield, Utah, for an academic year, shall be paid from Indian

school equalization program funds authorized in this section and

section 2009 (!2) of this title, at a rate not to exceed the

weighted amount provided for under subsection (b) of this section

for a student for that year.

(!2) So in original. Probably should be section "2010".

(2) No administrative cost funds

No additional administrative cost funds shall be provided under

this chapter to pay for administrative costs relating to the

instruction of the students.

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1127, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2028.)

-MISC1-

PRIOR PROVISIONS

A prior section 2007, Pub. L. 95-561, title XI, Sec. 1127, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 3989, related to allotment formula, prior to the general

amendment of this chapter by Pub. L. 107-110.

Another prior section 2007, Pub. L. 95-561, title XI, Sec. 1127,

Nov. 1, 1978, 92 Stat. 2320, related to policies and procedures for

implementation of transferred administrative functions, prior to

the general amendment of this chapter by Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2001, 2005, 2010, 2502,

2503, 2511 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be section "2502(c)(2)".

-End-

-CITE-

25 USC Sec. 2008 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2008. Administrative cost grants

-STATUTE-

(a) Definitions

In this section:

(1) Administrative cost

(A) In general

The term "administrative cost" means the cost of necessary

administrative functions which -

(i) the tribe or tribal organization incurs as a result of

operating a tribal elementary or secondary educational

program;

(ii) are not customarily paid by comparable Bureau-operated

programs out of direct program funds; and

(iii) are either -

(I) normally provided for comparable Bureau programs by

Federal officials using resources other than Bureau direct

program funds; or

(II) are otherwise required of tribal self-determination

program operators by law or prudent management practice.

(B) Inclusions

The term "administrative cost" may include -

(i) contract or grant (or other agreement) administration;

(ii) executive, policy, and corporate leadership and

decisionmaking;

(iii) program planning, development, and management;

(iv) fiscal, personnel, property, and procurement

management;

(v) related office services and record keeping; and

(vi) costs of necessary insurance, auditing, legal, safety

and security services.

(2) Bureau elementary and secondary functions

The term "Bureau elementary and secondary functions" means -

(A) all functions funded at Bureau schools by the Office;

(B) all programs -

(i) funds for which are appropriated to other agencies of

the Federal Government; and

(ii) which are administered for the benefit of Indians

through Bureau schools; and

(C) all operation, maintenance, and repair funds for

facilities and Government quarters used in the operation or

support of elementary and secondary education functions for the

benefit of Indians, from whatever source derived.

(3) Direct cost base

(A) In general

Except as otherwise provided in subparagraph (B), the direct

cost base of a tribe or tribal organization for the fiscal year

is the aggregate direct cost program funding for all tribal

elementary or secondary educational programs operated by the

tribe or tribal organization during -

(i) the second fiscal year preceding such fiscal year; or

(ii) if such programs have not been operated by the tribe

or tribal organization during the 2 preceding fiscal years,

the first fiscal year preceding such fiscal year.

(B) Functions not previously operated

In the case of Bureau elementary or secondary education

functions which have not previously been operated by a tribe or

tribal organization under contract, grant, or agreement with

the Bureau, the direct cost base for the initial year shall be

the projected aggregate direct cost program funding for all

Bureau elementary and secondary functions to be operated by the

tribe or tribal organization during that fiscal year.

(4) Maximum base rate

The term "maximum base rate" means 50 percent.

(5) Minimum base rate

The term "minimum base rate" means 11 percent.

(6) Standard direct cost base

The term "standard direct cost base" means $600,000.

(7) Tribal elementary or secondary educational programs

The term "tribal elementary or secondary educational programs"

means all Bureau elementary and secondary functions, together

with any other Bureau programs or portions of programs (excluding

funds for social services that are appropriated to agencies other

than the Bureau and are funded through the Bureau, funds for

major subcontracts, construction, and other major capital

expenditures, and unexpended funds carried over from prior years)

which share common administrative cost functions, that are

operated directly by a tribe or tribal organization under a

contract, grant, or agreement with the Bureau.

(b) Grants; effect upon appropriated amounts

(1) Grants

Subject to the availability of funds, the Secretary shall

provide grants to each tribe or tribal organization operating a

contract school or grant school in the amount determined under

this section with respect to the tribe or tribal organization for

the purpose of paying the administrative and indirect costs

incurred in operating contract or grant schools, provided that no

school operated as a stand-alone institution shall receive less

than $200,000 per year for these purposes, in order to -

(A) enable tribes and tribal organizations operating such

schools, without reducing direct program services to the

beneficiaries of the program, to provide all related

administrative overhead services and operations necessary to

meet the requirements of law and prudent management practice;

and

(B) carry out other necessary support functions which would

otherwise be provided by the Secretary or other Federal

officers or employees, from resources other than direct program

funds, in support of comparable Bureau-operated programs.

(2) Effect upon appropriated amounts

Amounts appropriated to fund the grants provided under this

section shall be in addition to, and shall not reduce, the

amounts appropriated for the program being administered by the

contract or grant school.

(c) Determination of grant amount

(1) In general

The amount of the grant provided to each tribe or tribal

organization under this section for each fiscal year shall be

determined by applying the administrative cost percentage rate of

the tribe or tribal organization to the aggregate of the Bureau

elementary and secondary functions operated by the tribe or

tribal organization for which funds are received from or through

the Bureau.

(2) Direct cost base funds

The Secretary shall -

(A) reduce the amount of the grant determined under paragraph

(1) to the extent that payments for administrative costs are

actually received by an Indian tribe or tribal organization

under any Federal education program included in the direct cost

base of the tribe or tribal organization; and

(B) take such actions as may be necessary to be reimbursed by

any other department or agency of the Federal Government for

the portion of grants made under this section for the costs of

administering any program for Indians that is funded by

appropriations made to such other department or agency.

(d) Administrative cost percentage rate

(1) In general

For purposes of this section, the administrative cost

percentage rate for a contract or grant school for a fiscal year

is equal to the percentage determined by dividing -

(A) the sum of -

(i) the amount equal to -

(I) the direct cost base of the tribe or tribal

organization for the fiscal year, multiplied by

(II) the minimum base rate; plus

(ii) the amount equal to -

(I) the standard direct cost base; multiplied by

(II) the maximum base rate; by

(B) the sum of -

(i) the direct cost base of the tribe or tribal

organization for the fiscal year; plus

(ii) the standard direct cost base.

(2) Rounding

The administrative cost percentage rate shall be determined to

the 1/100 of a decimal point.

(3) Applicability

The administrative cost percentage rate determined under this

subsection shall not apply to other programs operated by the

tribe or tribal organization.

(e) Combining funds

(1) In general

Funds received by a tribe or contract or grant school as grants

under this section for tribal elementary or secondary educational

programs may be combined by the tribe or contract or grant school

into a single administrative cost account without the necessity

of maintaining separate funding source accounting.

(2) Indirect cost funds

Indirect cost funds for programs at the school which share

common administrative services with tribal elementary or

secondary educational programs may be included in the

administrative cost account described in paragraph (1).

(f) Availability of funds

Funds received as grants under this section with respect to

tribal elementary or secondary education programs shall remain

available to the contract or grant school without fiscal year

limitation and without diminishing the amount of any grants

otherwise payable to the school under this section for any fiscal

year beginning after the fiscal year for which the grant is

provided.

(g) Treatment of funds

Funds received as grants under this section for Bureau-funded

programs operated by a tribe or tribal organization under a

contract or agreement shall not be taken into consideration for

purposes of indirect cost underrecovery and overrecovery

determinations by any Federal agency for any other funds, from

whatever source derived.

(h) Treatment of entity operating other programs

In applying this section and section 106 of the Indian

Self-Determination and Education Assistance Act [25 U.S.C. 450j-1]

with respect to an Indian tribe or tribal organization that -

(1) receives funds under this section for administrative costs

incurred in operating a contract or grant school or a school

operated under the Tribally Controlled Schools Act of 1988 [25

U.S.C. 2501 et seq.]; and

(2) operates one or more other programs under a contract or

grant provided under the Indian Self-Determination and Education

Assistance Act [25 U.S.C. 450 et seq.],

the Secretary shall ensure that the Indian tribe or tribal

organization is provided with the full amount of the administrative

costs that are associated with operating the contract or grant

school, and of the indirect costs, that are associated with all of

such other programs, except that funds appropriated for

implementation of this section shall be used only to supply the

amount of the grant required to be provided by this section.

(i) Studies for determination of factors affecting costs; base

rates limits; standard direct cost base; report to Congress

(1) Studies

Not later than 120 days after January 8, 2002, the Director of

the Office of Indian Education Programs shall -

(A) conduct such studies as may be needed to establish an

empirical basis for determining relevant factors substantially

affecting required administrative costs of tribal elementary

and secondary education programs, using the formula set forth

in subsection (c) of this section; and

(B) conduct a study to determine -

(i) a maximum base rate which ensures that the amount of

the grants provided under this section will provide adequate

(but not excessive) funding of the administrative costs of

the smallest tribal elementary or secondary educational

programs;

(ii) a minimum base rate which ensures that the amount of

the grants provided under this section will provide adequate

(but not excessive) funding of the administrative costs of

the largest tribal elementary or secondary educational

programs; and

(iii) a standard direct cost base which is the aggregate

direct cost funding level for which the percentage determined

under subsection (d) of this section will -

(I) be equal to the median between the maximum base rate

and the minimum base rate; and

(II) ensure that the amount of the grants provided under

this section will provide adequate (but not excessive)

funding of the administrative costs of tribal elementary or

secondary educational programs closest to the size of the

program.

(2) Guidelines

The studies required under paragraph (1) shall -

(A) be conducted in full consultation (in accordance with

section 2011 of this title) with -

(i) the tribes and tribal organizations that are affected

by the application of the formula set forth in subsection (c)

of this section; and

(ii) all national and regional Indian organizations of

which such tribes and tribal organizations are typically

members;

(B) be conducted onsite with a representative statistical

sample of the tribal elementary or secondary educational

programs under a contract entered into with a nationally

reputable public accounting and business consulting firm;

(C) take into account the availability of skilled labor

commodities, business and automatic data processing services,

related Indian preference and Indian control of education

requirements, and any other market factors found to

substantially affect the administrative costs and efficiency of

each such tribal elementary or secondary educational program

studied in order to ensure that all required administrative

activities can reasonably be delivered in a cost effective

manner for each such program, given an administrative cost

allowance generated by the values, percentages, or other

factors found in the studies to be relevant in such formula;

(D) identify, and quantify in terms of percentages of direct

program costs, any general factors arising from geographic

isolation, or numbers of programs administered, independent of

program size factors used to compute a base administrative cost

percentage in such formula; and

(E) identify any other incremental cost factors substantially

affecting the costs of required administrative cost functions

at any of the tribal elementary or secondary educational

programs studied and determine whether the factors are of

general applicability to other such programs, and (if so) how

the factors may effectively be incorporated into such formula.

(3) Consultation with Inspector General

In carrying out the studies required under this subsection, the

Director shall obtain the input of, and afford an opportunity to

participate to, the Inspector General of the Department of the

Interior.

(4) Consideration of delivery of administrative services

Determinations described in paragraph (2)(C) shall be based on

what is practicable at each location studied, given prudent

management practice, irrespective of whether required

administrative services were actually or fully delivered at these

sites, or whether other services were delivered instead, during

the period of the study.

(5) Report

Upon completion of the studies conducted under paragraph (1),

the Director shall submit to Congress a report on the findings of

the studies, together with determinations based upon such studies

that would affect the definitions set forth under subsection (e)

of this section that are used in the formula set forth in

subsection (c) of this section.

(6) Projection of costs

The Secretary shall include in the Bureau's justification for

each appropriations request beginning in the first fiscal year

after the completion of the studies conducted under paragraph

(1), a projection of the overall costs associated with the

formula set forth in subsection (c) of this section for all

tribal elementary or secondary education programs which the

Secretary expects to be funded in the fiscal year for which the

appropriations are sought.

(7) Determination of program size

For purposes of this subsection, the size of tribal elementary

or secondary educational programs is determined by the aggregate

direct cost program funding level for all Bureau-funded programs

which share common administrative cost functions.

(j) Authorization of appropriations

(1) In general

There are authorized to be appropriated to carry out this

section such sums as may be necessary.

(2) Reductions

If the total amount of funds necessary to provide grants to

tribes and tribal organizations in the amounts determined under

subsection (c) of this section for a fiscal year exceeds the

amount of funds appropriated to carry out this section for such

fiscal year, the Secretary shall reduce the amount of each grant

determined under subsection (c) of this section for such fiscal

year by an amount that bears the same relationship to such excess

as the amount of such grants determined under subsection (c) of

this section bears to the total of all grants determined under

subsection (c) section (!1) for all tribes and tribal

organizations for such fiscal year.

(k) Applicability to schools operating under Tribally Controlled

Schools Act of 1988

The provisions of this section shall apply to schools operating

under the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501

et seq.].

(g742l) Administrative cost grant budget requests

(1) In general

Beginning with President's (!2) annual budget request under

section 1105 of title 31 for fiscal year 2002, and with respect

to each succeeding budget request, at the discretion of the

Secretary, the Secretary shall submit to the appropriate

committees of Congress information and funding requests for the

full funding of administrative costs grants required to be paid

under this section.

(2) Requirements

(A) Funding for new conversions to contract or grant school

operations

With respect to a budget request under paragraph (1), the

amount required to provide full funding for an administrative

cost grant for each tribe or tribal organization expected to

begin operation of a Bureau-funded school as contract or grant

school in the academic year funded by such annual budget

request, the amount so required shall not be less than 10

percent of the amount required for subparagraph (B).

(B) Funding for continuing contract and grant school operations

With respect to a budget request under paragraph (1), the

amount required to provide full funding for an administrative

cost grant for each tribe or tribal organization operating a

contract or grant school at the time the annual budget request

is submitted, which amount shall include the amount of funds

required to provide full funding for an administrative cost

grant for each tribe or tribal organization which began

operation of a contract or grant school with administrative

cost grant funds supplied from the amount described in

subparagraph (A).

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1128, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2032.)

-REFTEXT-

REFERENCES IN TEXT

The Tribally Controlled Schools Act of 1988, referred to in

subsecs. (h)(1) and (k), is part B (Secs. 5201-5212) of title V of

Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 385, as amended, which is

classified generally to chapter 27 (Sec. 2501 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2501 of this title and

Tables.

The Indian Self-Determination and Education Assistance Act,

referred to in subsec. (h)(2), is Pub. L. 93-638, Jan. 4, 1975, 88

Stat. 2203, as amended, which is classified principally to part A

(Sec. 450 et seq.) of subchapter II of chapter 14 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 450 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2008, Pub. L. 95-561, title XI, Sec. 1128, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 3993, related to administrative cost grants, prior to the

general amendment of this chapter by Pub. L. 107-110.

Another prior section 2008 and a prior section 2008a were omitted

in the general amendment of this chapter by Pub. L. 103-382.

Section 2008, Pub. L. 95-561, title XI, Sec. 1128, Nov. 1, 1978,

92 Stat. 2320; Pub. L. 96-46, Sec. 2(b)(7), (8), Aug. 6, 1979, 93

Stat. 341; Pub. L. 98-511, title V, Sec. 505, Oct. 19, 1984, 98

Stat. 2394; Pub. L. 99-89, Sec. 5, Aug. 15, 1985, 99 Stat. 381;

Pub. L. 99-228, Sec. 1, Dec. 28, 1985, 99 Stat. 1747; Pub. L.

100-297, title V, Secs. 5107(a), 5108(b), (c), Apr. 28, 1988, 102

Stat. 368, 375; Pub. L. 100-427, Secs. 2(a), (b)(1), (c), 3, 5,

Sept. 9, 1988, 102 Stat. 1604, 1605; Pub. L. 101-301, Sec. 5(d)(1),

May 24, 1990, 104 Stat. 208; Pub. L. 103-382, title III, Sec.

393(b), Oct. 20, 1994, 108 Stat. 4026, related to allotment

formula.

Section 2008a, Pub. L. 95-561, title XI, Sec. 1128A, as added

Pub. L. 100-297, title V, Sec. 5108(a), Apr. 28, 1988, 102 Stat.

369; amended Pub. L. 100-427, Sec. 4, Sept. 9, 1988, 102 Stat.

1604; Pub. L. 101-301, Sec. 5(f), May 24, 1990, 104 Stat. 208,

related to administrative cost grants.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 458cc, 2502, 2503, 2507

of this title.

-FOOTNOTE-

(!1) So in original.

(!2) So in original. Probably should be preceded by "the".

-End-

-CITE-

25 USC Sec. 2009 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2009. Division of Budget Analysis

-STATUTE-

(a) Establishment

Not later than 1 year after January 8, 2002, the Secretary shall

establish within the Office of Indian Education Programs a Division

of Budget Analysis (hereafter in this section referred to as the

"Division"). Such Division shall be under the direct supervision

and control of the Director of the Office.

(b) Functions

In consultation with the tribal governing bodies and tribal

school boards, the Director of the Office, through the Division,

shall conduct studies, surveys, or other activities to gather

demographic information on Bureau-funded schools and project the

amount necessary to provide Indian students in such schools the

educational program set forth in this chapter.

(c) Annual reports

Not later than the date on which the Assistant Secretary for

Indian Affairs makes the annual budget submission, for each fiscal

year after January 8, 2002, the Director of the Office shall submit

to the appropriate committees of Congress (including the

Appropriations committees), all Bureau-funded schools, and the

tribal governing bodies of such schools, a report that contains -

(1) projections, based upon the information gathered pursuant

to subsection (b) of this section and any other relevant

information, of amounts necessary to provide Indian students in

Bureau-funded schools the educational program set forth in this

chapter;

(2) a description of the methods and formulas used to calculate

the amounts projected pursuant to paragraph (1); and

(3) such other information as the Director of the Office

considers appropriate.

(d) Use of reports

The Director of the Office and the Assistant Secretary for Indian

Affairs shall use the annual report required by subsection (c) of

this section when preparing annual budget submissions.

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1129, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2038.)

-MISC1-

PRIOR PROVISIONS

A prior section 2009, Pub. L. 95-561, title XI, Sec. 1129, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 3998, related to Division of Budget Analysis, prior to the

general amendment of this chapter by Pub. L. 107-110.

Another prior section 2009, Pub. L. 95-561, title XI, Sec. 1129,

Nov. 1, 1978, 92 Stat. 2321; Pub. L. 98-511, title V, Secs. 506,

507(a), Oct. 19, 1984, 98 Stat. 2395, 2396; Pub. L. 99-89, Sec. 6,

Aug. 15, 1985, 99 Stat. 382; Pub. L. 99-570, title IV, Sec.

4133(b)(4), Oct. 27, 1986, 100 Stat. 3207-134; Pub. L. 100-297,

title V, Secs. 5109, 5110, 5118, Apr. 28, 1988, 102 Stat. 375, 376,

382; Pub. L. 100-427, Secs. 6, 9(d), Sept. 9, 1988, 102 Stat. 1605,

1607, related to uniform direct funding and support, prior to the

general amendment of this chapter by Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2007, 2012 of this title.

-End-

-CITE-

25 USC Sec. 2010 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2010. Uniform direct funding and support

-STATUTE-

(a) Establishment of system and forward funding

(1) In general

The Secretary shall establish, by regulation adopted in

accordance with section 2016 of this title, a system for the

direct funding and support of all Bureau-funded schools. Such

system shall allot funds in accordance with section 2007 of this

title. All amounts appropriated for distribution in accordance

with this section shall be made available in accordance with

paragraph (2).

(2) Timing for use of funds

(A) Availability

For the purposes of affording adequate notice of funding

available pursuant to the allotments made under section 2007 of

this title and the allotments of funds for operation and

maintenance of facilities, amounts appropriated in an

appropriations Act for any fiscal year for such allotments -

(i) shall become available for obligation by the affected

schools on July 1 of the fiscal year for which such

allotments are appropriated without further action by the

Secretary; and

(ii) shall remain available for obligation through the

succeeding fiscal year.

(B) Publications

The Secretary shall, on the basis of the amounts appropriated

as described in this paragraph -

(i) publish, not later than July 1 of the fiscal year for

which the amounts are appropriated, information indicating

the amount of the allotments to be made to each affected

school under section 2007 of this title, of 80 percent of

such appropriated amounts; and

(ii) publish, not later than September 30 of such fiscal

year, information indicating the amount of the allotments to

be made under section 2007 of this title, from the remaining

20 percent of such appropriated amounts, adjusted to reflect

the actual student attendance.

(C) Overpayments

Any overpayments made to tribal schools shall be returned to

the Secretary not later than 30 days after the final

determination that the school was overpaid pursuant to this

section.

(3) Limitation

(A) Expenditures

Notwithstanding any other provision of law (including a

regulation), the supervisor of a Bureau-operated school may

expend an aggregate of not more than $50,000 of the amount

allotted to the school under section 2007 of this title to

acquire materials, supplies, equipment, operation services,

maintenance services, and other services for the school, and

amounts received as operations and maintenance funds, funds

received from the Department of Education, or funds received

from other Federal sources, without competitive bidding if -

(i) the cost for any single item acquired does not exceed

$15,000;

(ii) the school board approves the acquisition;

(iii) the supervisor certifies that the cost is fair and

reasonable;

(iv) the documents relating to the acquisition executed by

the supervisor of the school or other school staff cite this

paragraph as authority for the acquisition; and

(v) the acquisition transaction is documented in a journal

maintained at the school that clearly identifies when the

transaction occurred, the item that was acquired and from

whom, the price paid, the quantities acquired, and any other

information the supervisor or the school board considers to

be relevant.

(B) Notice

Not later than 6 months after January 8, 2002, the Secretary

shall send notice of the provisions of this paragraph to each

supervisor of a Bureau school and associated school board

chairperson, the education line officer of each agency and

area, and the Bureau division in charge of procurement, at both

the local and national levels.

(C) Application and guidelines

The Director of the Office shall be responsible for -

(i) determining the application of this paragraph,

including the authorization of specific individuals to carry

out this paragraph;

(ii) ensuring that there is at least one such individual at

each Bureau facility; and

(iii) the provision of guidelines on the use of this

paragraph and adequate training on such guidelines.

(4) Effect of sequestration order

If a sequestration order issued under the Balanced Budget and

Emergency Deficit Control Act of 1985 reduces the amount of funds

available for allotment under section 2007 of this title for any

fiscal year by more than 7 percent of the amount of funds

available for allotment under such section during the preceding

fiscal year -

(A) to fund allotments under section 2007 of this title, the

Secretary, notwithstanding any other law, may use -

(i) funds appropriated for the operation of any

Bureau-funded school that is closed or consolidated; and

(ii) funds appropriated for any program that has been

curtailed at any Bureau school; and

(B) the Secretary may waive the application of the provisions

of section 2001(h) of this title with respect to the closure or

consolidation of a school, or the curtailment of a program at a

school, during such fiscal year if the funds described in

clauses (i) and (ii) of subparagraph (A) with respect to such

school are used to fund allotments made under section 2007 of

this title for such fiscal year.

(b) Local financial plans for expenditure of funds

(1) Plan required

Each Bureau-operated school that receives an allotment under

section 2007 of this title shall prepare a local financial plan

that specifies the manner in which the school will expend the

funds made available under the allotment and ensures that the

school will meet the accreditation requirements or standards for

the school pursuant to section 2001 of this title.

(2) Requirement

A local financial plan under paragraph (1) shall comply with

all applicable Federal and tribal laws.

(3) Preparation and revision

(A) In general

The financial plan for a school under subparagraph (A) (!1)

shall be prepared by the supervisor of the school in active

consultation with the local school board for the school.

(B) Authority of school board

The local school board for each school shall have the

authority to ratify, reject, or amend such financial plan and,

at the initiative of the local school board or in response to

the supervisor of the school, to revise such financial plan to

meet needs not foreseen at the time of preparation of the

financial plan.

(4) Role of supervisor

The supervisor of the school -

(A) shall implement the decisions of the school board

relating to the financial plan under paragraph (1);

(B) shall provide the appropriate local union representative

of the education employees of the school with copies of

proposed financial plans relating to the school and all

modifications and proposed modifications to the plans, and at

the same time submit such copies to the local school board; and

(C) may appeal any such action of the local school board to

the appropriate education line officer of the Bureau agency by

filing a written statement describing the action and the

reasons the supervisor believes such action should be

overturned.

(5) Statements

(A) In general

A copy of each statement filed under paragraph (4)(C) shall

be submitted to the local school board and such board shall be

afforded an opportunity to respond, in writing, to such appeal.

(B) Overturned actions

After reviewing such written appeal and response, the

appropriate education line officer may, for good cause,

overturn the action of the local school board.

(C) Transmission of determination

The appropriate education line officer shall transmit the

determination of such appeal in the form of a written opinion

to such board and to such supervisor identifying the reasons

for overturning such action.

(c) Tribal division of education, self-determination grant and

contract funds

The Secretary may approve applications for funding tribal

divisions of education and developing tribal codes of education,

from funds made available pursuant to section 450h(a) of this

title.

(d) Technical assistance and training

In carrying out this section, a local school board may request

technical assistance and training from the Secretary, and the

Secretary shall, to the maximum extent practicable, provide those

services and make appropriate provisions in the budget of the

Office for the provision of those services.

(e) Summer program of academic and support services

(1) Plan

(A) In general

A financial plan under subsection (b) of this section for a

school may include, at the discretion of the local

administrator and the school board of such school, a provision

for a summer program of academic and support services for

students of the school.

(B) Prevention activities

Any such program may include activities related to the

prevention of alcohol and substance abuse.

(C) Summer use

The Assistant Secretary for Indian Affairs shall provide for

the use of any such school facility during any summer in which

such use is requested.

(2) Use of other funds

Notwithstanding any other provision of law, funds authorized

under the Act of April 16, 1934 [25 U.S.C. 452 et seq.], and this

Act may be used to augment the services provided in each summer

program at the option, and under the control, of the tribe or

Indian controlled school receiving such funds.

(3) Technical assistance and program coordination

The Assistant Secretary for Indian Affairs, acting through the

Director of the Office, shall -

(A) provide technical assistance and coordination for any

program described in paragraph (1); and

(B) to the extent practicable, encourage the coordination of

such programs with any other summer programs that might benefit

Indian youth, regardless of the funding source or

administrative entity of any such program.

(f) Cooperative agreements

(1) Implementation

(A) In general

From funds allotted to a Bureau school under section 2007 of

this title, the Secretary shall, if specifically requested by

the appropriate tribal governing body, implement a cooperative

agreement that is entered into between the tribe, the Bureau,

the local school board, and a local public school district that

meets the requirements of paragraph (2) and involves the

school.

(B) Terms

The tribe, the Bureau, the school board, and the local public

school district shall determine the terms of an agreement

entered into under subparagraph (A).

(2) Coordination provisions

An agreement under paragraph (1) may, with respect to the

Bureau school and schools in the school district involved,

encompass coordination of all or any part of the following:

(A) The academic program and curriculum, unless the Bureau

school is accredited by a State or regional accrediting entity

and would not continue to be so accredited if the agreement

encompassed the program and curriculum.

(B) Support services, including procurement and facilities

maintenance.

(C) Transportation.

(3) Equal benefit and burden

(A) In general

Each agreement entered into under paragraph (1) shall confer

a benefit upon the Bureau school commensurate with the burden

assumed by the school.

(B) Limitation

Subparagraph (A) shall not be construed to require equal

expenditures, or an exchange of similar services, by the Bureau

school and schools in the school district.

(g) Product or result of student projects

Notwithstanding any other provision of law, in a case in which

there is agreement on action between the superintendent and the

school board of a Bureau-funded school, the product or result of a

project conducted in whole or in major part by a student may be

given to that student upon the completion of such project.

(h) Matching fund requirements

(1) Not considered Federal funds

Notwithstanding any other provision of law, funds received by a

Bureau-funded school under this chapter for education-related

activities (not including funds for construction, maintenance,

and facilities improvement or repair) shall not be considered

Federal funds for the purposes of a matching funds requirement

for any Federal program.

(2) Limitation

In considering an application from a Bureau-funded school for

participation in a program or project that requires matching

funds, the entity administering such program or project or

awarding such grant shall not give positive or negative weight to

such application based solely on the provisions of paragraph (1).

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1130, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2039.)

-REFTEXT-

REFERENCES IN TEXT

The Balanced Budget and Emergency Deficit Control Act of 1985,

referred to in subsec. (a)(4), is title II of Pub. L. 99-177, Dec.

12, 1985, 99 Stat. 1038, as amended which enacted chapter 20 (Sec.

900 et seq.) and sections 654 to 656 of Title 2, The Congress,

amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2,

sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and

section 911 of Title 42, The Public Health and Welfare, repealed

section 661 of Title 2, enacted provisions set out as notes under

section 900 of Title 2 and section 911 of Title 42, and amended

provisions set out as a note under section 621 of Title 2. For

complete classification of this Act to the Code, see Short Title

note set out under section 900 of Title 2 and Tables.

Act of April 16, 1934, referred to in subsec. (e)(2), is act Apr.

16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the

Johnson-O'Malley Act, which is classified generally to section 452

et seq. of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 452 of this

title and Tables.

This Act, referred to in subsec. (e)(2), means Pub. L. 95-561,

Nov. 1, 1978, 92 Stat. 2143, as amended, known as the Education

Amendments of 1978. For complete classification of this Act to the

Code, see Short Title of 1978 Amendment note set out under section

6301 of Title 20, Education, and Tables.

This chapter, referred to in subsec. (h)(1), was in the original

"this title", meaning title XI (Sec. 1101 et seq.) of Pub. L.

95-561, which is classified principally to this chapter. For

complete classification of title XI to the Code, see Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2010, Pub. L. 95-561, title XI, Sec. 1130, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 3999, related to uniform direct funding and support, prior to

the general amendment of this chapter by Pub. L. 107-110.

Another prior section 2010, Pub. L. 95-561, title XI, Sec. 1130,

Nov. 1, 1978, 92 Stat. 2321; Pub. L. 100-297, title V, Sec. 5111,

Apr. 28, 1988, 102 Stat. 376; Pub. L. 100-427, Sec. 7, Sept. 9,

1988, 102 Stat. 1605, related to policy for Indian control of

Indian education, prior to the general amendment of this chapter by

Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2015, 2411 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "paragraph (1)".

-End-

-CITE-

25 USC Sec. 2011 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2011. Policy for Indian control of Indian education

-STATUTE-

(a) Facilitation of Indian control

It shall be the policy of the United States acting through the

Secretary, in carrying out the functions of the Bureau, to

facilitate Indian control of Indian affairs in all matters relating

to education.

(b) Consultation with tribes

(1) In general

All actions under this Act shall be done with active

consultation with tribes. The United States acting through the

Secretary and tribes shall work in a government-to-government

relationship to ensure quality education for all tribal members.

(2) Requirements

(A) Definition of consultation

In this subsection, the term "consultation" means a process

involving the open discussion and joint deliberation of all

options with respect to potential issues or changes between the

Bureau and all interested parties.

(B) Discussion and joint deliberation

During discussions and joint deliberations, interested

parties (including tribes and school officials) shall be given

an opportunity -

(i) to present issues (including proposals regarding

changes in current practices or programs) that will be

considered for future action by the Secretary; and

(ii) to participate and discuss the options presented, or

to present alternatives, with the views and concerns of the

interested parties given effect unless the Secretary

determines, from information available from or presented by

the interested parties during one or more of the discussions

and deliberations, that there is a substantial reason for

another course of action.

(C) Explanation by Secretary

The Secretary shall submit to any Member of Congress, within

18 days of the receipt of a written request by such Member, a

written explanation of any decision made by the Secretary which

is not consistent with the views of the interested parties

described in subparagraph (B).

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1131, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2043.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b)(1), means Pub. L. 95-561,

Nov. 1, 1978, 92 Stat. 2143, as amended, known as the Education

Amendments of 1978. For complete classification of this Act to the

Code, see Short Title of 1978 Amendment note set out under section

6301 of Title 20, Education, and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2011, Pub. L. 95-561, title XI, Sec. 1131, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 4001, related to policy for Indian control of Indian

education, prior to the general amendment of this chapter by Pub.

L. 107-110.

Another prior section 2011, Pub. L. 95-561, title XI, Sec. 1131,

Nov. 1, 1978, 92 Stat. 2322; 1978 Reorg. Plan No. 2, Sec. 102, eff.

Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 98-511, title

V, Sec. 507(b), Oct. 19, 1984, 98 Stat. 2396; Pub. L. 100-297,

title V, Secs. 5112(a), (b)(1), 5114, 5115, Apr. 28, 1988, 102

Stat. 377, 378, 380; Pub. L. 100-427, Sec. 9(a)-(c), Sept. 9, 1988,

102 Stat. 1606, related to education personnel, prior to the

general amendment of this chapter by Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 472a, 2001, 2008 of this

title.

-End-

-CITE-

25 USC Sec. 2012 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2012. Indian education personnel

-STATUTE-

(a) In general

Chapter 51, subchapter III of chapter 53, and chapter 63 of title

5, relating to classification, pay and leave, respectively, and the

sections of such title relating to the appointment, promotion,

hours of work, and removal of civil service employees, shall not

apply to educators or to education positions (as defined in

subsection (p) of this section).

(b) Regulations

Not later than 60 days after January 8, 2002, the Secretary shall

prescribe regulations to carry out this section. Such regulations

shall provide for -

(1) the establishment of education positions;

(2) the establishment of qualifications for educators and

education personnel;

(3) the fixing of basic compensation for educators and

education positions;

(4) the appointment of educators;

(5) the discharge of educators;

(6) the entitlement of educators to compensation;

(7) the payment of compensation to educators;

(8) the conditions of employment of educators;

(9) the leave system for educators;

(10) the annual leave and sick leave for educators;

(11) the length of the school year applicable to education

positions described in subsection (a) of this section; and

(12) such additional matters as may be appropriate.

(c) Qualifications of educators

(1) Requirements

In prescribing regulations to govern the qualifications of

educators, the Secretary shall require that -

(A) lists of qualified and interviewed applicants for

education positions be maintained in each agency and area

office of the Bureau from among individuals who have applied at

the agency or area level for an education position or who have

applied at the national level and have indicated in such

application an interest in working in certain areas or

agencies;

(B) a local school board shall have the authority to waive on

a case-by-case basis, any formal education or degree

qualifications established by regulation pursuant to subsection

(b)(2) of this section, in order for a tribal member to be

hired in an education position to teach courses on tribal

culture and language and that subject to subsection (e)(2) of

this section, a determination by a school board that such a

person be hired shall be instituted by the supervisor of the

school involved; and

(C) that (!1) it shall not be a prerequisite to the

employment of an individual in an education position at the

local level that -

(i) such individual's name appear on a list maintained

pursuant to subparagraph (A); or

(ii) such individual have applied at the national level for

an education position.

(2) Exception for certain temporary employment

The Secretary may authorize the temporary employment in an

education position of an individual who has not met the

certification standards established pursuant to regulations if

the Secretary determines that failure to do so would result in

that position remaining vacant.

(d) Hiring of educators

(1) Requirements

In prescribing regulations to govern the appointment of

educators, the Secretary shall require -

(A)(i)(I) that educators employed in a Bureau school (other

than the supervisor of the school) shall be hired by the

supervisor of the school; and

(II) in a case in which there are no qualified applicants

available to fill a vacancy at a Bureau school, the supervisor

may consult a list maintained pursuant to subsection (c)(1)(A)

of this section;

(ii) each supervisor of a Bureau school shall be hired by the

education line officer of the agency office of the Bureau for

the jurisdiction in which the school is located;

(iii) each educator employed in an agency office of the

Bureau shall be hired by the superintendent for education of

the agency office; and

(iv) each education line officer and educator employed in the

office of the Director of the Office shall be hired by the

Director;

(B)(i) before an individual is employed in an education

position in a Bureau school by the supervisor of the school

(or, with respect to the position of supervisor, by the

appropriate agency education line officer), the local school

board for the school shall be consulted; and

(ii) that a determination by such school board, as evidenced

by school board records, that such individual should or should

not be so employed shall be instituted by the supervisor (or

with respect to the position of supervisor, by the

superintendent for education of the agency office);

(C)(i) before an individual is employed in an education

position in an agency or area office of the Bureau, the

appropriate agency school board shall be consulted; and

(ii) a determination by such school board, as evidenced by

school board records, that such individual should or should not

be employed shall be instituted by the superintendent for

education of the agency office; and

(D) all employment decisions or actions be in compliance with

all applicable Federal, State, and tribal laws.

(2) Information regarding application at national level

(A) In general

Any individual who applies at the local level for an

education position shall state on such individual's application

whether or not such individual has applied at the national

level for an education position in the Bureau.

(B) Determination of accuracy

If such individual is employed at the local level, such

individual's name shall be immediately forwarded to the

Secretary, who shall, as soon as practicable but in no event in

more than 30 days, ascertain the accuracy of the statement made

by such individual pursuant to subparagraph (A).

(C) False statements

Notwithstanding subsection (e) of this section, if the

individual's statement is found to have been false, such

individual, at the Secretary's discretion, may be disciplined

or discharged.

(D) Conditional appointment for national provision

If the individual has applied at the national level for an

education position in the Bureau, the appointment of such

individual at the local level shall be conditional for a period

of 90 days, during which period the Secretary may appoint a

more qualified individual (as determined by the Secretary) from

the list maintained at the national level pursuant to

subsection (c)(1)(A)(ii) (!2) of this section to the position

to which such individual was appointed.

(3) Statutory construction

Except as expressly provided, nothing in this section shall be

construed as conferring upon local school boards authority over,

or control of, educators at Bureau-funded schools or the

authority to issue management decisions.

(4) Appeals

(A) By supervisor

(i) In general

The supervisor of a school may appeal to the appropriate

agency education line officer any determination by the local

school board for the school that an individual be employed,

or not be employed, in an education position in the school

(other than that of supervisor) by filing a written statement

describing the determination and the reasons the supervisor

believes such determination should be overturned.

(ii) Action by board

A copy of such statement shall be submitted to the local

school board and such board shall be afforded an opportunity

to respond, in writing, to such appeal.

(iii) Overturning of determination

After reviewing such written appeal and response, the

education line officer may, for good cause, overturn the

determination of the local school board.

(iv) Transmission of determination

The education line officer shall transmit the determination

of such appeal in the form of a written opinion to such board

and to such supervisor identifying the reasons for

overturning such determination.

(B) By education line officer

(i) In general

The education line officer of an agency office of the

Bureau may appeal to the Director of the Office any

determination by the local school board for the school that

an individual be employed, or not be employed, as the

supervisor of a school by filing a written statement

describing the determination and the reasons the supervisor

believes such determination should be overturned.

(ii) Action by board

A copy of such statement shall be submitted to the local

school board and such board shall be afforded an opportunity

to respond, in writing, to such appeal.

(iii) Overturning of determination

After reviewing such written appeal and response, the

Director may, for good cause, overturn the determination of

the local school board.

(iv) Transmission of determination

The Director shall transmit the determination of such

appeal in the form of a written opinion to such board and to

such education line officer identifying the reasons for

overturning such determination.

(5) Other appeals

(A) In general

The education line officer of an agency office of the Bureau

may appeal to the Director of the Office any determination by

the agency school board that an individual be employed, or not

be employed, in an education position in such agency office by

filing a written statement describing the determination and the

reasons the supervisor believes such determination should be

overturned.

(B) Action by board

A copy of such statement shall be submitted to the agency

school board and such board shall be afforded an opportunity to

respond, in writing, to such appeal.

(C) Overturning of determination

After reviewing such written appeal and response, the

Director may, for good cause, overturn the determination of the

agency school board.

(D) Transmission of determination

The Director shall transmit the determination of such appeal

in the form of a written opinion to such board and to such

education line officer identifying the reasons for overturning

such determination.

(e) Discharge and conditions of employment of educators

(1) Regulations

In promulgating regulations to govern the discharge and

conditions of employment of educators, the Secretary shall

require -

(A) that procedures shall be established for the rapid and

equitable resolution of grievances of educators;

(B) that no educator may be discharged without notice of the

reasons for the discharge and an opportunity for a hearing

under procedures that comport with the requirements of due

process; and

(C) that each educator employed in a Bureau school shall be

notified 30 days prior to the end of an academic year whether

the employment contract of the individual will be renewed for

the following year.

(2) Procedures for discharge

(A) Determinations

(i) In general

Except as provided in clause (iii), the supervisor of a

Bureau school may discharge (subject to procedures

established under paragraph (1)(B)) for cause (as determined

under regulations prescribed by the Secretary) any educator

employed in such school.

(ii) Notification of board

On giving notice to an educator of the supervisor's

intention to discharge the educator, the supervisor shall

immediately notify the local school board of the proposed

discharge.

(iii) Determination by board

If the local school board determines that such educator

shall not be discharged, that determination shall be followed

by the supervisor.

(B) Appeals

(i) In general

The supervisor shall have the right to appeal to the

education line officer of the appropriate agency office of

the Bureau a determination by a local school board under

subparagraph (A)(iii), as evidenced by school board records,

not to discharge an educator.

(ii) Decision of agency education line officer

Upon hearing such an appeal, the agency education line

officer may, for good cause, issue a decision overturning the

determination of the local school board with respect to the

employment of such individual.

(iii) Form of decision

The education line officer shall make the decision in

writing and submit the decision to the local school board.

(3) Recommendations of school boards for discharge

Each local school board for a Bureau school shall have the

right -

(A) to recommend to the supervisor that an educator employed

in the school be discharged; and

(B) to recommend to the education line officer of the

appropriate agency office of the Bureau and to the Director of

the Office, that the supervisor of the school be discharged.

(f) Applicability of Indian preference laws

(1) Applicability

(A) In general

Notwithstanding any provision of the Indian preference laws,

such laws shall not apply in the case of any personnel action

carried out under this section with respect to an applicant or

employee not entitled to an Indian preference if each tribal

organization concerned -

(i) grants a written waiver of the application of those

laws with respect to the personnel action; and

(ii) states that the waiver is necessary.

(B) No effect on responsibility of Bureau

This paragraph shall not be construed to relieve the

responsibility of the Bureau to issue timely and adequate

announcements and advertisements concerning any such personnel

action if such action is intended to fill a vacancy (no matter

how such vacancy is created).

(2) Definitions

In this subsection:

(A) Indian preference laws

(i) In general

The term "Indian preference laws" means section 472 of this

title or any other provision of law granting a preference to

Indians in promotions and other personnel actions.

(ii) Exclusion

The term "Indian preference laws" does not include section

450e(b) of this title.

(B) Tribal organization

The term "tribal organization" means -

(i) the recognized governing body of any Indian tribe,

band, nation, pueblo, or other organized community, including

a Native village (as defined in section 1602(c) of title 43);

or

(ii) in connection with any personnel action referred to in

this subsection, any local school board to which the

governing body has delegated the authority to grant a waiver

under this subsection with respect to a personnel action.

(g) Compensation or annual salary

(1) In general

(A) Compensation for educators and education positions

Except as otherwise provided in this section, the Secretary

shall establish the compensation or annual salary rate for

educators and education positions -

(i) at rates in effect under the General Schedule for

individuals with comparable qualifications, and holding

comparable positions, to whom chapter 51 of title 5 is

applicable; or

(ii) on the basis of the Federal Wage System schedule in

effect for the locality involved, and for the comparable

positions, at the rates of compensation in effect for the

senior executive service.

(B) Compensation or salary for teachers and counselors

(i) In general

The Secretary shall establish the rate of compensation, or

annual salary rate, for the positions of teachers and

counselors (including dormitory counselors and home-living

counselors) at the rate of compensation applicable (on

January 8, 2002, and thereafter) for comparable positions in

the overseas schools under the Defense Department Overseas

Teachers Pay and Personnel Practices Act [20 U.S.C. 901 et

seq.].

(ii) Essential provisions

The Secretary shall allow the local school boards involved

authority to implement only the aspects of the Defense

Department Overseas Teachers Pay and Personnel Practices Act

pay provisions that are considered essential for recruitment

and retention of teachers and counselors. Implementation of

such provisions shall not be construed to require the

implementation of that entire Act.

(C) Rates for new hires

(i) In general

Beginning with the first fiscal year following January 8,

2002, each local school board of a Bureau school may

establish a rate of compensation or annual salary rate

described in clause (ii) for teachers and counselors

(including academic counselors) who are new hires at the

school and who had not worked at the school, as of the first

day of such fiscal year.

(ii) Consistent rates

The rates established under clause (i) shall be consistent

with the rates paid for individuals in the same positions,

with the same tenure and training, as the teachers and

counselors, in any other school within whose boundaries the

Bureau school is located.

(iii) Decreases

In a case in which the establishment of rates under clause

(i) causes a reduction in compensation at a school from the

rate of compensation that was in effect for the first fiscal

year following January 8, 2002, the new rates of compensation

may be applied to the compensation of employees of the school

who worked at the school as of January 8, 2002, by applying

those rates at each contract renewal for the employees so

that the reduction takes effect in three equal installments.

(iv) Increases

In a case in which adoption of rates under clause (i) leads

to an increase in the payment of compensation from that which

was in effect for the fiscal year following January 8, 2002,

the school board may make such rates applicable at the next

contract renewal such that -

(I) the increase occurs in its entirety; or

(II) the increase is applied in three equal installments.

(D) Use of regulations; continued employment of certain

educators

The establishment of rates of basic compensation and annual

salary rates under subparagraphs (B) and (C) shall not -

(i) preclude the use of regulations and procedures used by

the Bureau prior to April 28, 1988, in making determinations

regarding promotions and advancements through levels of pay

that are based on the merit, education, experience, or tenure

of the educator; or

(ii) affect the continued employment or compensation of an

educator who was employed in an education position on October

31, 1979, and who did not make an election under subsection

(p) (!3) as in effect on January 1, 1990.

(2) Post differential rates

(A) In general

The Secretary may pay a post differential rate, not to exceed

25 percent of the rate of compensation, for educators or

education positions, on the basis of conditions of environment

or work that warrant additional pay, as a recruitment and

retention incentive.

(B) Supervisor's authority

(i) In general

Except as provided in clause (ii), on the request of the

supervisor and the local school board of a Bureau school, the

Secretary shall grant the supervisor of the school

authorization to provide one or more post differential rates

under subparagraph (A).

(ii) Exception

The Secretary shall disapprove, or approve with a

modification, a request for authorization to provide a post

differential rate if the Secretary determines for clear and

convincing reasons (and advises the board in writing of those

reasons) that the rate should be disapproved or decreased

because the disparity of compensation between the appropriate

educators or positions in the Bureau school, and the

comparable educators or positions at the nearest public

school, is -

(I)(aa) at least 5 percent; or

(bb) less than 5 percent; and

(II) does not affect the recruitment or retention of

employees at the school.

(iii) Approval of requests

A request made under clause (i) shall be considered to be

approved at the end of the 60th day after the request is

received in the Central Office of the Bureau unless before

that time the request is approved, approved with a

modification, or disapproved by the Secretary.

(iv) Discontinuation of or decrease in rates

The Secretary or the supervisor of a Bureau school may

discontinue or decrease a post differential rate provided for

under this paragraph at the beginning of an academic year if

-

(I) the local school board requests that such

differential be discontinued or decreased; or

(II) the Secretary or the supervisor, respectively,

determines for clear and convincing reasons (and advises

the board in writing of those reasons) that there is no

disparity of compensation that would affect the recruitment

or retention of employees at the school after the

differential is discontinued or decreased.

(v) Reports

On or before February 1 of each year, the Secretary shall

submit to Congress a report describing the requests and

approvals of authorization made under this paragraph during

the previous year and listing the positions receiving post

differential rates under contracts entered into under those

authorizations.

(h) Liquidation of remaining leave upon termination

Upon termination of employment with the Bureau, any annual leave

remaining to the credit of an individual covered by this section

shall be liquidated in accordance with sections 5551(a) and 6306 of

title 5, except that leave earned or accrued under regulations

promulgated pursuant to subsection (b)(10) of this section shall

not be so liquidated.

(i) Transfer of remaining sick leave upon transfer, promotion, or

reemployment

In the case of any educator who is transferred, promoted, or

reappointed, without break in service, to a position in the Federal

Government under a different leave system, any remaining leave to

the credit of such person earned or credited under the regulations

promulgated pursuant to subsection (b)(10) of this section shall be

transferred to such person's credit in the employing agency on an

adjusted basis in accordance with regulations which shall be

promulgated by the Office of Personnel Management.

(j) Ineligibility for employment of voluntarily terminated

educators

An educator who voluntarily terminates employment with the Bureau

before the expiration of the existing employment contract between

such educator and the Bureau shall not be eligible to be employed

in another education position in the Bureau during the remainder of

the term of such contract.

(k) Dual compensation

In the case of any educator employed in an education position

described in subsection (l)(1)(A) (!4) of this section who -

(1) is employed at the close of a school year;

(2) agrees in writing to serve in such position for the next

school year; and

(3) is employed in another position during the recess period

immediately preceding such next school year, or during such

recess period receives additional compensation referred to in

section 5533 of title 5, relating to dual compensation,

shall not apply to such educator by reason of any such employment

during a recess period for any receipt of additional compensation.

(g742l) Voluntary services

(1) In general

Notwithstanding section 1342 of title 31, the Secretary may,

subject to the approval of the local school board concerned,

accept voluntary services on behalf of Bureau schools.

(2) Federal employee protection

Nothing in this chapter requires Federal employees to work

without compensation or allows the use of volunteer services to

displace or replace Federal employees.

(3) Federal status

An individual providing volunteer services under this section

is a Federal employee only for purposes of chapter 81 of title 5

and chapter 171 of title 28.

(m) Proration of pay

(1) Election of employee

(A) In general

Notwithstanding any other provision of law, including laws

relating to dual compensation, the Secretary, at the election

of the employee, shall prorate the salary of an employee

employed in an education position for the academic school year

over the entire 12-month period.

(B) Election

Each educator employed for the academic school year shall

annually elect to be paid on a 12-month basis or for those

months while school is in session.

(C) No loss of pay or benefits

No educator shall suffer a loss of pay or benefits, including

benefits under unemployment or other Federal or federally

assisted programs, because of such election.

(2) Change of election

During the course of such year the employee may change election

once.

(3) Lump sum payment

That portion of the employee's pay which would be paid between

academic school years may be paid in a lump sum at the election

of the employee.

(4) Nonapplicability

This subsection applies to those individuals employed under the

provisions of this section or title 5.

(5) Definitions

For purposes of this subsection, the terms "educator" and

"education position" have the meanings contained in paragraphs

(1) and (2) of subsection (o) of this section.

(n) Extracurricular activities

(1) Stipend

(A) In general

Notwithstanding any other provision of law, the Secretary may

provide, for each Bureau area, a stipend in lieu of overtime

premium pay or compensatory time off.

(B) Provision to employees

Any employee of the Bureau who performs additional activities

to provide services to students or otherwise support the

school's academic and social programs may elect to be

compensated for all such work on the basis of the stipend.

(C) Nature of stipend

Such stipend shall be paid as a supplement to the employee's

base pay.

(2) Election not to receive stipend

If an employee elects not to be compensated through the stipend

established by this subsection, the appropriate provisions of

title 5 shall apply.

(3) Applicability of subsection

This subsection applies to all Bureau employees, regardless of

whether the employee is employed under this section or title 5.

(g742o) Definitions

In this section:

(1) Education position

The term "education position" means a position in the Bureau

the duties and responsibilities of which -

(A)(i) are performed on a school year basis principally in a

Bureau school; and

(ii) involve -

(I) classroom or other instruction or the supervision or

direction of classroom or other instruction;

(II) any activity (other than teaching) which requires

academic credits in educational theory and practice equal to

the academic credits in educational theory and practice

required for a bachelor's degree in education from an

accredited institution of higher education;

(III) any activity in or related to the field of education

notwithstanding that academic credits in educational theory

and practice are not a formal requirement for the conduct of

such activity; or

(IV) support services at, or associated with, the site of

the school; or

(B) are performed at the agency level of the Bureau and

involve the implementation of education-related programs other

than the position for agency superintendent for education.

(2) Educator

The term "educator" means an individual whose services are

required, or who is employed, in an education position.

(p) Covered individuals; election

This section shall apply with respect to any educator hired after

November 1, 1979 (and to any educator who elected for coverage

under that provision after November 1, 1979) and to the position in

which such individual is employed. The enactment of this section

shall not affect the continued employment of an individual employed

on October 31, 1979, in an education position, or such person's

right to receive the compensation attached to such position.

(q) Furlough without consent

(1) In general

An educator who was employed in an education position on

October 31, 1979, who was eligible to make an election under

subsection (p) (!3) at that time, and who did not make the

election under such subsection, may not be placed on furlough

(within the meaning of section 7511(a)(5) of title 5,(!5) without

the consent of such educator for an aggregate of more than 4

weeks within the same calendar year, unless -

(A) the supervisor, with the approval of the local school

board (or of the education line officer upon appeal under

paragraph (2)), of the Bureau school at which such educator

provides services determines that a longer period of furlough

is necessary due to an insufficient amount of funds available

for personnel compensation at such school, as determined under

the financial plan process as determined under section 2009(b)

(!6) of this title; and

(B) all educators (other than principals and clerical

employees) providing services at such Bureau school are placed

on furloughs of equal length, except that the supervisor, with

the approval of the local school board (or of the agency

education line officer upon appeal under paragraph (2)), may

continue one or more educators in pay status if -

(i) such educators are needed to operate summer programs,

attend summer training sessions, or participate in special

activities including curriculum development committees; and

(ii) such educators are selected based upon such educator's

qualifications after public notice of the minimum

qualifications reasonably necessary and without

discrimination as to supervisory, nonsupervisory, or other

status of the educators who apply.

(2) Appeals

The supervisor of a Bureau school may appeal to the appropriate

agency education line officer any refusal by the local school

board to approve any determination of the supervisor that is

described in paragraph (1)(A) by filing a written statement

describing the determination and the reasons the supervisor

believes such determination should be approved. A copy of such

statement shall be submitted to the local school board and such

board shall be afforded an opportunity to respond, in writing, to

such appeal. After reviewing such written appeal and response,

the education line officer may, for good cause, approve the

determination of the supervisor. The educational line officer

shall transmit the determination of such appeal in the form of a

written opinion to such local school board and to the supervisor

identifying the reasons for approving such determination.

(r) Stipends

The Secretary is authorized to provide annual stipends to

teachers who become certified by the National Board of Professional

Teaching Standards, the National Council on Teacher Quality, or

other nationally recognized certification or credentialing

organizations.

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1132, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2044.)

-REFTEXT-

REFERENCES IN TEXT

The General Schedule, referred to in subsec. (g)(1)(A)(i), is set

out under section 5332 of Title 5, Government Organization and

Employees.

The Defense Department Overseas Teachers Pay and Personnel

Practices Act, referred to in subsec. (g)(1)(B), is Pub. L. 86-91,

July 17, 1959, 73 Stat. 213, as amended, which is classified

generally to chapter 25 (Sec. 901 et seq.) of Title 20, Education.

For complete classification of this Act to the Code, see Short

Title note set out under section 901 of Title 20 and Tables.

Subsection (p), referred to in subsecs. (g)(1)(D)(ii) and (q)(1),

probably should be a reference to subsec. (o) of prior section 1131

of Pub. L. 95-561 which was classified to section 2011 of this

title prior to the general amendment of this chapter by Pub. L.

103-382. See Prior Provisions note set out under section 2011 of

this title.

-MISC1-

PRIOR PROVISIONS

A prior section 2012, Pub. L. 95-561, title XI, Sec. 1132, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 4002; amended Pub. L. 105-362, title VIII, Sec. 801(c)(3),

Nov. 10, 1998, 112 Stat. 3288, related to education personnel,

prior to the general amendment of this chapter by Pub. L. 107-110.

Another prior section 2012, Pub. L. 95-561, title XI, Sec. 1132,

Nov. 1, 1978, 92 Stat. 2326; Pub. L. 96-46, Sec. 2(b)(9), Aug. 6,

1979, 93 Stat. 341; Pub. L. 98-511, title V, Sec. 508, Oct. 19,

1984, 98 Stat. 2397, related to establishment of a computerized

management information system, prior to the general amendment of

this chapter by Pub. L. 103-382.

ADJUSTMENTS TO RATES OF BASIC COMPENSATION OR ANNUAL SALARY RATES

FOR EDUCATION POSITIONS

Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept.

30, 1996, 110 Stat. 3009-181, 3009-193, provided in part: "That in

fiscal year 1997 and thereafter, notwithstanding the provisions of

[former] 25 U.S.C. 2012(h)(1)(A) and (B) [see now 25 U.S.C.

2012(g)(1)(A), (B)], upon the recommendation of either (i) a local

school board and school supervisor for an education position in a

Bureau of Indian Affairs operated school, or (ii) an Agency school

board and education line officer for an Agency education position,

the Secretary [of the Interior] shall establish adjustments to the

rates of basic compensation or annual salary rates established

under [former] 25 U.S.C. 2012(h)(1)(A) and (B) for education

positions at the school or the Agency, at a level not less than

that for comparable positions in the nearest public school

district, and the adjustment shall be deemed to be a change to

basic pay and shall not be subject to collective bargaining:

Provided further, That any reduction to rates of basic compensation

or annual salary rates below the rates established under [former]

25 U.S.C. 2012(h)(1)(A) and (B) shall apply only to educators

appointed after June 30, 1997, and shall not affect the right of an

individual employed on June 30, 1997, in an education position, to

receive the compensation attached to such position under [former]

25 U.S.C. 2012(h)(1)(A) and (B) so long as the individual remains

in the same position at the same school".

Similar provisions were contained in the following prior

appropriation act:

Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996,

110 Stat. 1321-156, 1321-171; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327.

Pub. L. 105-83, title I, Nov. 14, 1997, 111 Stat. 1555, provided

in part: "That beginning in fiscal year 1998 and thereafter and

notwithstanding [former] 25 U.S.C. 2012(h)(1)(B) [see now 25 U.S.C.

2012(g)(1)(B)], when the rates of basic compensation for teachers

and counselors at Bureau-operated schools are established at the

rates of basic compensation applicable to comparable positions in

overseas schools under the Defense Department Overseas Teachers Pay

and Personnel Practices Act [20 U.S.C. 901 et seq.], such rates

shall become effective with the start of the next academic year

following the issuance of the Department of Defense salary schedule

and shall not be effected retroactively".

Similar provisions were contained in the following prior

appropriation act:

Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept.

30, 1996, 110 Stat. 3009-181, 3009-193.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2505 of this title.

-FOOTNOTE-

(!1) So in original. The word "that" probably should not appear.

(!2) So in original. Subsec. (c)(1)(A) of this section does not

contain clauses.

(!3) See References in Text note below.

(!4) So in original. Subsec. (l)(1) of this section does not

contain subpars.

(!5) So in original. The comma probably should be a closing

parenthesis.

(!6) So in original. Probably should be section "2010(b)".

-End-

-CITE-

25 USC Sec. 2013 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2013. Computerized management information system

-STATUTE-

(a) In general

Not later than 12 months after January 8, 2002, the Secretary

shall update the computerized management information system within

the Office. The information to be updated shall include information

regarding -

(1) student enrollment;

(2) curricula;

(3) staffing;

(4) facilities;

(5) community demographics;

(6) student assessment information;

(7) information on the administrative and program costs

attributable to each Bureau program, divided into discrete

elements;

(8) relevant reports;

(9) personnel records;

(10) finance and payroll; and

(11) such other items as the Secretary determines to be

appropriate.

(b) Implementation of system

Not later than July 1, 2003, the Secretary shall complete the

implementation of the updated computerized management information

system at each Bureau field office and Bureau-funded school.

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1133, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2055.)

-MISC1-

PRIOR PROVISIONS

A prior section 2013, Pub. L. 95-561, title XI, Sec. 1133, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 4010, related to management information system, prior to the

general amendment of this chapter by Pub. L. 107-110.

Another prior section 2013, Pub. L. 95-561, title XI, Sec. 1133,

Nov. 1, 1978, 92 Stat. 2327, related to Bureau education policies,

practices, and procedures, prior to the general amendment of this

chapter by Pub. L. 103-382.

-End-

-CITE-

25 USC Sec. 2014 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2014. Recruitment of Indian educators

-STATUTE-

The Secretary shall institute a policy for the recruitment of

qualified Indian educators and a detailed plan to promote employees

from within the Bureau. Such plan shall include opportunities for

acquiring work experience prior to actual work assignment.

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1134, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2055.)

-MISC1-

PRIOR PROVISIONS

A prior section 2014, Pub. L. 95-561, title XI, Sec. 1134, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 4010, related to Bureau education policies, prior to the

general amendment of this chapter by Pub. L. 107-110.

Another prior section 2014, Pub. L. 95-561, title XI, Sec. 1134,

Nov. 1, 1978, 92 Stat. 2327, related to uniform education

procedures and practices by Bureau divisions, prior to the general

amendment of this chapter by Pub. L. 103-382.

-End-

-CITE-

25 USC Sec. 2015 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2015. Annual report; audits

-STATUTE-

(a) Annual reports

The Secretary shall submit to each appropriate committee of

Congress, all Bureau-funded schools, and the tribal governing

bodies of such schools, a detailed annual report on the state of

education within the Bureau, and any problems encountered in Indian

education during the period covered by the report, that includes -

(1) suggestions for the improvement of the Bureau educational

system and for increasing tribal or local Indian control of such

system; and

(2) information on the status of tribally controlled community

colleges.

(b) Budget request

The annual budget request for the education programs of the

Bureau, as submitted as part of the President's next annual budget

request under section 1105 of title 31 shall include the plans

required by sections 2001(c), 2002(c), and 2004(c) (!1) of this

title.

(c) Financial and compliance audits

The Inspector General of the Department of the Interior shall

establish a system to ensure that financial and compliance audits,

based upon the extent to which a school described in subsection (a)

of this section has complied with the local financial plan under

section 2010 of this title, are conducted of each Bureau-operated

school at least once every 3 years.

(d) Administrative evaluation of schools

The Director shall, at least once every 3 to 5 years, conduct a

comprehensive evaluation of Bureau-operated schools. Such

evaluation shall be in addition to any other program review or

evaluation that may be required under Federal law.

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1135, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2056.)

-MISC1-

PRIOR PROVISIONS

A prior section 2015, Pub. L. 95-561, title XI, Sec. 1135, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 4010, related to uniform education procedures and practices,

prior to the general amendment of this chapter by Pub. L. 107-110.

Another prior section 2015, Pub. L. 95-561, title XI, Sec. 1135,

Nov. 1, 1978, 92 Stat. 2327, related to recruitment policy for

Indian educators and promotion plan for Bureau employees, prior to

the general amendment of this chapter by Pub. L. 103-382.

-FOOTNOTE-

(!1) So in original. Probably should be "2005(c)".

-End-

-CITE-

25 USC Sec. 2016 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2016. Rights of Indian students

-STATUTE-

The Secretary shall prescribe such rules and regulations as are

necessary to ensure the constitutional and civil rights of Indian

students attending Bureau-funded schools, including such students'

rights to -

(1) privacy under the laws of the United States;

(2) freedom of religion and expression; and

(3) due process in connection with disciplinary actions,

suspensions, and expulsions.

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1136, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2056.)

-MISC1-

PRIOR PROVISIONS

A prior section 2016, Pub. L. 95-561, title XI, Sec. 1136, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 4010, related to recruitment of Indian educators, prior to

the general amendment of this chapter by Pub. L. 107-110. See

section 2014 of this title.

Another prior section 2016, Pub. L. 95-561, title XI, Sec. 1136,

Nov. 1, 1978, 92 Stat. 2327; Pub. L. 97-375, title II, Sec. 208(b),

Dec. 21, 1982, 96 Stat. 1825; Pub. L. 98-511, title V, Sec. 509,

Oct. 19, 1984, 98 Stat. 2397; Pub. L. 99-89, Sec. 7, Aug. 15, 1985,

99 Stat. 383, related to annual reports to Congressional committees

and audits, prior to the general amendment of this chapter by Pub.

L. 103-382.

A prior section 2016a, Pub. L. 100-297, title VI, Sec. 6210, Apr.

28, 1988, 102 Stat. 427, directed Assistant Secretary of the

Interior for Bureau of Indian Affairs to submit to appropriate

committees of Congress, the President, and the Secretary by

September 30 of every other year a report on education of Indian

children, prior to repeal by Pub. L. 100-427, Sec. 27, Sept. 9,

1988, 102 Stat. 1614.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2010 of this title.

-End-

-CITE-

25 USC Sec. 2017 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2017. Regulations

-STATUTE-

(a) Promulgation

(1) In general

The Secretary may promulgate only such regulations -

(A) as are necessary to ensure compliance with the specific

provisions of this chapter; and

(B) as the Secretary is authorized to promulgate pursuant to

section 2510 of this title.(!1)

(2) Publication

In promulgating the regulations, the Secretary shall -

(A) publish proposed regulations in the Federal Register; and

(B) provide a period of not less than 120 days for public

comment and consultation on the regulations.

(3) Citation

The regulations shall contain, immediately following each

regulatory section, a citation to any statutory provision

providing authority to promulgate such regulatory section.

(b) Miscellaneous

The provisions of this Act shall supersede any conflicting

provisions of law (including any conflicting regulations) in effect

on the day before the date of enactment of this Act and the

Secretary is authorized to repeal any regulation inconsistent with

the provisions of this Act.

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1137, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2056.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b), means Pub. L. 95-561, Nov.

1, 1978, 92 Stat. 2143, as amended, known as the Education

Amendments of 1978. For complete classification of this Act to the

Code, see Short Title of 1978 Amendment note set out under section

6301 of Title 20, Education, and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2017, Pub. L. 95-561, title XI, Sec. 1137, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 4011; amended Pub. L. 105-244, title IX, Sec. 901(d), Oct. 7,

1998, 112 Stat. 1828; Pub. L. 105-362, title VIII, Sec. 801(c)(4),

Nov. 10, 1998, 112 Stat. 3288, related to biennial report, prior to

the general amendment of this chapter by Pub. L. 107-110. See

section 2015 of this title.

Another prior section 2017, Pub. L. 95-561, title XI, Sec. 1137,

Nov. 1, 1978, 92 Stat. 2327, related to constitutional and civil

rights of Indian children attending Bureau schools, prior to the

general amendment of this chapter by Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2002, 2007 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be section "2509".

-End-

-CITE-

25 USC Sec. 2018 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2018. Regional meetings and negotiated rulemaking

-STATUTE-

(a) Regional meetings

Prior to publishing any proposed regulations under subsection

(b)(1) of this section, and prior to establishing the negotiated

rulemaking committee under subsection (b)(3) of this section, the

Secretary shall convene regional meetings to consult with personnel

of the Office of Indian Education Programs, educators at Bureau

schools, and tribal officials, parents, teachers, administrators,

and school board members of tribes served by Bureau-funded schools

to provide guidance to the Secretary on the content of regulations

authorized to be promulgated under this chapter and the Tribally

Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.].

(b) Negotiated rulemaking

(1) In general

Notwithstanding sections 563(a) and 565(a) of title 5, the

Secretary shall promulgate regulations authorized under

subsection (a) of this section and under the Tribally Controlled

Schools Act of 1988 [25 U.S.C. 2501 et seq.], in accordance with

the negotiated rulemaking procedures provided for under

subchapter III of chapter 5 of title 5, and shall publish final

regulations in the Federal Register.

(2) Notification to Congress

If draft regulations implementing this chapter and the Tribally

Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.] are not

promulgated in final form within 18 months after January 8, 2002,

the Secretary shall notify the appropriate committees of Congress

of which draft regulations were not promulgated in final form by

the deadline and the reason such final regulations were not

promulgated.

(3) Rulemaking committee

The Secretary shall establish a negotiated rulemaking committee

to carry out this subsection. In establishing such committee, the

Secretary shall -

(A) apply the procedures provided for under subchapter III of

chapter 5 of title 5 in a manner that reflects the unique

government-to-government relationship between Indian tribes and

the United States;

(B) ensure that the membership of the committee includes only

representatives of the Federal Government and of tribes served

by Bureau-funded schools;

(C) select the tribal representatives of the committee from

among individuals nominated by the representatives of the

tribal and tribally operated schools;

(D) ensure, to the maximum extent possible, that the tribal

representative membership on the committee reflects the

proportionate share of students from tribes served by the

Bureau-funded school system; and

(E) comply with the Federal Advisory Committee Act (5 U.S.C.

App.).

(4) Special rule

The Secretary shall carry out this section using the general

administrative funds of the Department of the Interior. In

accordance with subchapter III of chapter 5 of title 5 and

section 7(d) of the Federal Advisory Committee Act, payment of

costs associated with negotiated rulemaking shall include the

reasonable expenses of committee members.

(c) Application of section

(1) Supremacy of provisions

The provisions of this section shall supersede any conflicting

regulations in effect on the day before the date of enactment of

this chapter, and the Secretary may repeal any regulation that is

inconsistent with the provisions of this chapter.

(2) Modifications

The Secretary may modify regulations promulgated under this

section or the Tribally Controlled Schools Act of 1988 [25 U.S.C.

2501 et seq.], only in accordance with this section.

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1138, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2057.)

-REFTEXT-

REFERENCES IN TEXT

The Tribally Controlled Schools Act of 1988, referred to in

subsecs. (a), (b)(1), (2), and (c)(2), is part B (Sec. 5201-5212)

of title V of Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 385, as

amended, which is classified generally to chapter 27 (Sec. 2501 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 2501 of this title

and Tables.

The Federal Advisory Committee Act, referred to in subsec.

(b)(3)(E), (4), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as

amended, which is set out in the Appendix to Title 5, Government

Organization and Employees.

The date of enactment of this chapter, referred to in subsec.

(c)(1), probably means the date of enactment of Pub. L. 107-110,

which amended this chapter generally and was approved Jan. 8, 2002.

-MISC1-

PRIOR PROVISIONS

A prior section 2018, Pub. L. 95-561, title XI, Sec. 1138, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 4011, related to rights of Indian students, prior to the

general amendment of this chapter by Pub. L. 107-110. See section

2016 of this title.

Another prior section 2018, Pub. L. 95-561, title XI, Sec. 1138,

Nov. 1, 1978, 92 Stat. 2327; Pub. L. 98-511, title V, Sec. 510,

Oct. 19, 1984, 98 Stat. 2397, related to regulations implementing

administrative provisions, prior to the general amendment of this

chapter by Pub. L. 103-382.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2005 of this title; title

20 section 6316.

-End-

-CITE-

25 USC Sec. 2019 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2019. Early childhood development program

-STATUTE-

(a) In general

The Secretary shall provide grants to tribes, tribal

organizations, and consortia of tribes and tribal organizations to

fund early childhood development programs that are operated by such

tribes, organizations, or consortia.

(b) Amount of grants

(1) In general

The total amount of the grants provided under subsection (a) of

this section with respect to each tribe, tribal organization, or

consortium of tribes or tribal organizations for each fiscal year

shall be equal to the amount which bears the same relationship to

the total amount appropriated under the authority of subsection

(g) of this section for such fiscal year (less amounts provided

under subsection (f) of this section) as -

(A) the total number of children under 6 years of age who are

members of -

(i) such tribe;

(ii) the tribe that authorized such tribal organization; or

(iii) any tribe that -

(I) is a member of such consortium; or

(II) authorizes any tribal organization that is a member

of such consortium; bears to

(B) the total number of all children under 6 years of age who

are members of any tribe that -

(i) is eligible to receive funds under subsection (a) of

this section;

(ii) is a member of a consortium that is eligible to

receive such funds; or

(iii) authorizes a tribal organization that is eligible to

receive such funds.

(2) Limitation

No grant may be provided under subsection (a) of this section -

(A) to any tribe that has less than 500 members;

(B) to any tribal organization which is authorized -

(i) by only one tribe that has less than 500 members; or

(ii) by one or more tribes that have a combined total

membership of less than 500 members; or

(C) to any consortium composed of tribes, or tribal

organizations authorized by tribes, that have a combined total

tribal membership of less than 500 members.

(c) Application

(1) In general

A grant may be provided under subsection (a) of this section to

a tribe, tribal organization, or consortium of tribes and tribal

organizations only if the tribe, organization, or consortium

submits to the Secretary an application for the grant at such

time and in such form as the Secretary shall prescribe.

(2) Contents

Applications submitted under paragraph (1) shall set forth the

early childhood development program that the applicant desires to

operate.

(d) Requirement of programs funded

The early childhood development programs that are funded by

grants provided under subsection (a) of this section -

(1) shall coordinate existing programs and may provide services

that meet identified needs of parents and children under 6 years

of age which are not being met by existing programs, including -

(A) prenatal care;

(B) nutrition education;

(C) health education and screening;

(D) family literacy services;

(E) educational testing; and

(F) other educational services;

(2) may include instruction in the language, art, and culture

of the tribe; and

(3) shall provide for periodic assessment of the program.

(e) Coordination of family literacy programs

Family literacy programs operated under this section and other

family literacy programs operated by the Bureau of Indian Affairs

shall be coordinated with family literacy programs for Indian

children under part B of title I of the Elementary and Secondary

Education Act of 1965 [20 U.S.C. 6361 et seq.] in order to avoid

duplication and to encourage the dissemination of information on

quality family literacy programs serving Indians.

(f) Administrative costs

The Secretary shall, out of funds appropriated under subsection

(g) of this section, include in the grants provided under

subsection (a) of this section amounts for administrative costs

incurred by the tribe, tribal organization, or consortium of tribes

in establishing and maintaining the early childhood development

program.

(g) Authorization of appropriations

There are authorized to be appropriated to carry out this section

such sums as may be necessary.

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1139, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2058.)

-REFTEXT-

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to

in subsec. (e), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as

amended. Part B of title I of the Act is classified generally to

part B (Sec. 6361 et seq.) of subchapter I of chapter 70 of Title

20, Education. For complete classification of this Act to the Code,

see Short Title note set out under section 6301 of Title 20 and

Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2019, Pub. L. 95-561, title XI, Sec. 1139, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 4011, related to promulgation of regulations, prior to repeal

by Pub. L. 105-362, title VIII, Sec. 801(c)(5), Nov. 10, 1998, 112

Stat. 3288. See section 2017 of this title.

Another prior section 2019, Pub. L. 95-561, title XI, Sec. 1139,

Nov. 1, 1978, 92 Stat. 2328; Pub. L. 100-297, title V, Sec. 5117,

Apr. 28, 1988, 102 Stat. 382; Pub. L. 100-427, Sec. 1(c)(1), (2),

Sept. 9, 1988, 102 Stat. 1603; Pub. L. 101-301, Sec. 5(a), May 24,

1990, 104 Stat. 207, defined terms used in this chapter, prior to

the general amendment of this chapter by Pub. L. 103-382.

-End-

-CITE-

25 USC Sec. 2020 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2020. Tribal departments or divisions of education.

-STATUTE-

(a) In general

Subject to the availability of appropriations, the Secretary

shall make grants and provide technical assistance to tribes for

the development and operation of tribal departments or divisions of

education for the purpose of planning and coordinating all

educational programs of the tribe.

(b) Applications

For a tribe to be eligible to receive a grant under this section,

the governing body of the tribe shall submit an application to the

Secretary at such time, in such manner, and containing such

information as the Secretary may require.

(c) Diversity

The Secretary shall award grants under this section in a manner

that fosters geographic and population diversity.

(d) Use

Tribes that receive grants under this section shall use the funds

made available through the grants -

(1) to facilitate tribal control in all matters relating to the

education of Indian children on reservations (and on former

Indian reservations in Oklahoma);

(2) to provide for the development of coordinated educational

programs (including all preschool, elementary, secondary, and

higher or vocational educational programs funded by tribal,

Federal, or other sources) on reservations (and on former Indian

reservations in Oklahoma) by encouraging tribal administrative

support of all Bureau-funded educational programs as well as

encouraging tribal cooperation and coordination with entities

carrying out all educational programs receiving financial support

from other Federal agencies, State agencies, or private entities;

and

(3) to provide for the development and enforcement of tribal

educational codes, including tribal educational policies and

tribal standards applicable to curriculum, personnel, students,

facilities, and support programs.

(e) Priorities

In making grants under this section, the Secretary shall give

priority to any application that -

(1) includes -

(A) assurances that the applicant serves three or more

separate Bureau-funded schools; and

(B) assurances from the applicant that the tribal department

of education to be funded under this section will provide

coordinating services and technical assistance to all of such

schools;

(2) includes assurances that all education programs for which

funds are provided by such a contract or grant will be monitored

and audited, by or through the tribal department of education, to

ensure that the programs meet the requirements of law; and

(3) provides a plan and schedule that -

(A) provides for -

(i) the assumption, by the tribal department of education,

of all assets and functions of the Bureau agency office

associated with the tribe, to the extent the assets and

functions relate to education; and

(ii) the termination by the Bureau of such functions and

office at the time of such assumption; and

(B) provides that the assumption shall occur over the term of

the grant made under this section, except that, when mutually

agreeable to the tribal governing body and the Assistant

Secretary, the period in which such assumption is to occur may

be modified, reduced, or extended after the initial year of the

grant.

(f) Time period of grant

Subject to the availability of appropriated funds, a grant

provided under this section shall be provided for a period of 3

years. If the performance of the grant recipient is satisfactory to

the Secretary, the grant may be renewed for additional 3-year

terms.

(g) Terms, conditions, or requirements

A tribe that receives a grant under this section shall comply

with regulations relating to grants made under section 450h(a) of

this title that are in effect on the date that the tribal governing

body submits the application for the grant under subsection (b) of

this section. The Secretary shall not impose any terms, conditions,

or requirements on the provision of grants under this section that

are not specified in this section.

(h) Authorization of appropriations

There are authorized to be appropriated to carry out this section

$2,000,000.

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1140, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2059.)

-MISC1-

PRIOR PROVISIONS

A prior section 2020, Pub. L. 95-561, title XI, Sec. 1140, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 4011, related to voluntary services, prior to the general

amendment of this chapter by Pub. L. 107-110. See section 2012 of

this title.

Another prior section 2020, Pub. L. 95-561, title XI, Sec. 1140,

as added Pub. L. 98-511, title V, Sec. 511, Oct. 19, 1984, 98 Stat.

2397; amended Pub. L. 99-89, Sec. 8, Aug. 15, 1985, 99 Stat. 383,

related to voluntary services, prior to the general amendment of

this chapter by Pub. L. 103-382.

-End-

-CITE-

25 USC Sec. 2021 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-

Sec. 2021. Definitions

-STATUTE-

For the purposes of this chapter, unless otherwise specified:

(1) Agency school board

The term "agency school board" means a body -

(A) the members of which are appointed by all of the school

boards of the schools located within an agency, including

schools operated under contract or grant; and

(B) the number of such members is determined by the

Secretary, in consultation with the affected tribes;

except that, in agencies serving a single school, the school

board of such school shall fulfill these duties, and in agencies

having schools or a school operated under contract or grant, one

such member at least shall be from such a school.

(2) Bureau

The term "Bureau" means the Bureau of Indian Affairs of the

Department of the Interior.

(3) Bureau-funded school

The term "Bureau-funded school" means -

(A) a Bureau school;

(B) a contract or grant school; or

(C) a school for which assistance is provided under the

Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et

seq.].

(4) Bureau school

The term "Bureau school" means a Bureau-operated elementary or

secondary day or boarding school or a Bureau-operated dormitory

for students attending a school other than a Bureau school.

(5) Complementary educational facilities

The term "complementary educational facilities" means

educational program functional spaces such as libraries,

gymnasiums, and cafeterias.

(6) Contract or grant school

The term "contract or grant school" means an elementary school,

secondary school, or dormitory that receives financial assistance

for its operation under a contract, grant, or agreement with the

Bureau under section 450f, 450h(a), or 458d of this title, or

under the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501

et seq.].

(7) Director

The term "Director" means the Director of the Office of Indian

Education Programs.

(8) Education line officer

The term "education line officer" means a member of the

education personnel under the supervision of the Director of the

Office, whether located in a central, area, or agency office.

(9) Family literacy services

The term "family literacy services" has the meaning given that

term in section 7801 (!1) of title 20.

(10) Financial plan

The term "financial plan" means a plan of services provided by

each Bureau school.

(11) Indian organization

The term "Indian organization" means any group, association,

partnership, corporation, or other legal entity owned or

controlled by a federally recognized Indian tribe or tribes, or a

majority of whose members are members of federally recognized

tribes.

(12) Inherently Federal functions

The term "inherently Federal functions" means functions and

responsibilities which, under section 2006(c) of this title, are

noncontractable, including -

(A) the allocation and obligation of Federal funds and

determinations as to the amounts of expenditures;

(B) the administration of Federal personnel laws for Federal

employees;

(C) the administration of Federal contracting and grant laws,

including the monitoring and auditing of contracts and grants

in order to maintain the continuing trust, programmatic, and

fiscal responsibilities of the Secretary;

(D) the conducting of administrative hearings and deciding of

administrative appeals;

(E) the determination of the Secretary's views and

recommendations concerning administrative appeals or litigation

and the representation of the Secretary in administrative

appeals and litigation;

(F) the issuance of Federal regulations and policies as well

as any documents published in the Federal Register;

(G) reporting to Congress and the President;

(H) the formulation of the Secretary's and the President's

policies and their budgetary and legislative recommendations

and views; and

(I) the nondelegable statutory duties of the Secretary

relating to trust resources.

(13) Local educational agency

The term "local educational agency" means a board of education

or other legally constituted local school authority having

administrative control and direction of free public education in

a county, township, or independent or other school district

located within a State, and includes any State agency that

directly operates and maintains facilities for providing free

public education.

(14) Local school board

The term "local school board", when used with respect to a

Bureau school, means a body chosen in accordance with the laws of

the tribe to be served or, in the absence of such laws, elected

by the parents of the Indian children attending the school,

except that, for a school serving a substantial number of

students from different tribes -

(A) the members of the body shall be appointed by the tribal

governing bodies of the tribes affected; and

(B) the number of such members shall be determined by the

Secretary in consultation with the affected tribes.

(15) Office

The term "Office" means the Office of Indian Education Programs

within the Bureau.

(16) Regulation

(A) In general

The term "regulation" means any part of a statement of

general or particular applicability of the Secretary designed

to carry out, interpret, or prescribe law or policy in carrying

out this Act.

(B) Rule of construction

Nothing in subparagraph (A) or any other provision of this

chapter shall be construed to prohibit the Secretary from

issuing guidance, internal directives, or other documents

similar to the documents found in the Indian Affairs Manual of

the Bureau of Indian Affairs.

(17) Secretary

The term "Secretary" means the Secretary of the Interior.

(18) Supervisor

The term "supervisor" means the individual in the position of

ultimate authority at a Bureau school.

(19) Tribal governing body

The term "tribal governing body" means, with respect to any

school, the tribal governing body, or tribal governing bodies,

that represent at least 90 percent of the students served by such

school.

(20) Tribe

The term "tribe" means any Indian tribe, band, nation, or other

organized group or community, including an Alaska Native Regional

Corporation or Village Corporation (as defined in or established

pursuant to the Alaska Native Claims Settlement Act [43 U.S.C.

1601 et seq.]), which is recognized as eligible for the special

programs and services provided by the United States to Indians

because of their status as Indians.

-SOURCE-

(Pub. L. 95-561, title XI, Sec. 1141, as added Pub. L. 107-110,

title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2061.)

-REFTEXT-

REFERENCES IN TEXT

The Tribally Controlled Schools Act of 1988, referred to in pars.

(3)(C) and (6), is part B (Sec. 5201-5212) of title V of Pub. L.

100-297, Apr. 28, 1988, 102 Stat. 385, as amended, which is

classified generally to chapter 27 (Sec. 2501 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2501 of this title and

Tables.

Section 7801 of title 20, referred to in par. (9), was in the

original "section 8101 of the Elementary and Secondary Education

Act of 1965", meaning section 8101 of Pub. L. 89-10, which was

translated as if it referred to section 9101 of that Act to reflect

the probable intent of Congress, because section 8101 was repealed

by Pub. L. 107-110, title X, Sec. 1011(5)(C), Jan. 8, 2002, 115

Stat. 1986, and section 9101, as added by Pub. L. 107-110, title

IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1956, defines "family

literacy services".

This Act, referred to in par. (16)(A), means Pub. L. 95-561, Nov.

1, 1978, 92 Stat. 2143, as amended, known as the Education

Amendments of 1978. For complete classification of this Act to the

Code, see Short Title of 1978 Amendment note set out under section

6301 of Title 20, Education, and Tables.

This chapter, referred to in par. (16)(B), was in the original

"this title", meaning title XI (Sec. 1101 et seq.) of Pub. L.

95-561, as amended, which is classified principally to this

chapter. For complete classification of title XI to the Code, see

Tables.

The Alaska Native Claims Settlement Act, referred to in par.

(20), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set out under section 1601 of Title

43 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2021, Pub. L. 95-561, title XI, Sec. 1141, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 4012, related to proration of pay, prior to the general

amendment of this chapter by Pub. L. 107-110. See section 2012 of

this title.

Another prior section 2021, Pub. L. 95-561, title XI, Sec. 1140A,

formerly Sec. 1141, as added Pub. L. 98-511, title V, Sec. 512,

Oct. 19, 1984, 98 Stat. 2398; renumbered Sec. 1140A and amended

Pub. L. 99-89, Sec. 9(a)(1), (b), Aug. 15, 1985, 99 Stat. 383,

related to proration of pay, prior to the general amendment of this

chapter by Pub. L. 103-382.

A prior section 2022, Pub. L. 95-561, title XI, Sec. 1142, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 4012, related to extracurricular activities, prior to the

general amendment of this chapter by Pub. L. 107-110. See section

2012 of this title.

Another prior section 2022 and prior sections 2022a and 2022b

were omitted in the general amendment of this chapter by Pub. L.

103-382.

Section 2022, Pub. L. 95-561, title XI, Sec. 1140B, formerly Sec.

1142, as added Pub. L. 98-511, title V, Sec. 512, Oct. 19, 1984, 98

Stat. 2398; renumbered Sec. 1140B, and amended Pub. L. 99-89, Sec.

9(a)(1), (c), Aug. 15, 1985, 99 Stat. 383, related to

extracurricular activities.

Section 2022a, Pub. L. 95-561, title XI, Sec. 1141, as added Pub.

L. 100-297, title V, Sec. 5116(2), Apr. 28, 1988, 102 Stat. 381,

related to early childhood development program.

Section 2022b, Pub. L. 95-561, title XI, Sec. 1142, as added Pub.

L. 100-297, title V, Sec. 5119, Apr. 28, 1988, 102 Stat. 383,

related to tribal departments of education.

A prior section 2023, Pub. L. 95-561, title XI, Sec. 1143, as

added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108

Stat. 4012; amended Pub. L. 106-554, Sec. 1(a)(4) [div. B, title

XVI, Sec. 1607(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-335,

related to early childhood development program, prior to the

general amendment of this chapter by Pub. L. 107-110. See section

2019 of this title.

Another prior section 2023, Pub. L. 95-561, title XI, Sec. 1143,

as added Pub. L. 98-511, title V, Sec. 512, Oct. 19, 1984, 98 Stat.

2398, related to employee housing, rental rates, and waiver of

rentals during non-session periods and non-pay status, prior to

repeal by Pub. L. 99-89, Sec. 9(a)(2), Aug. 15, 1985, 99 Stat. 383.

Prior sections 2024 to 2026 were omitted in the general amendment

of this chapter by Pub. L. 107-110.

Section 2024, Pub. L. 95-561, title XI, Sec. 1144, as added Pub.

L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 4013;

amended Pub. L. 105-244, title IX, Sec. 901(d), Oct. 7, 1998, 112

Stat. 1828, related to tribal departments of education. See section

2020 of this title.

Section 2025, Pub. L. 95-561, title XI, Sec. 1145, as added Pub.

L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 4015,

related to payments to grantees.

Section 2026, Pub. L. 95-561, title XI, Sec. 1146, as added Pub.

L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 4015;

amended Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVI, Sec.

1607(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A-335, defined terms.

See section 2021 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2006, 2505 of this title;

title 20 section 6367.

-FOOTNOTE-

(!1) See References in Text note below.

-End-