US (United States) Code. Title 25. Chapter 27: Tribally controlled school grants

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

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-CITE-

25 USC CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-

CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-MISC1-

Sec.

2501. Declaration of policy.

(a) Recognition.

(b) Commitment.

(c) National goal.

(d) Educational needs.

(e) Federal relations.

(f) Termination.

2502. Grants authorized.

(a) In general.

(b) Limitations.

(c) Limitation on transfer of funds among school

sites.

(d) No requirement to accept grants.

(e) No effect on Federal responsibility.

(f) Retrocession.

(g) Prohibition on termination for administrative

convenience.

2503. Composition of grants.

(a) In general.

(b) Special rules.

2504. Eligibility for grants.

(a) Rules.

(b) Additional requirements for Bureau-funded

schools and certain electing schools.

(c) Additional requirements for a school which is

not a Bureau-funded school.

(d) Filing of applications and reports.

(e) Effective date for approved applications.

(f) Denial of applications.

(g) Report.

2505. Duration of eligibility determination.

(a) In general.

(b) Annual reports.

(c) Revocation of eligibility.

(d) Applicability of section pursuant to election

under section 2507(b).

2506. Payment of grants; investment of funds.

(a) Payments.

(b) Investment of funds.

(c) Recoveries.

2507. Application with respect to Indian Self-Determination

and Education Assistance Act.

(a) Certain provisions to apply to grants.

(b) Election for grant in lieu of contract.

(c) No duplication.

(d) Transfers and carryovers.

(e) Exceptions, problems, and disputes.

2508. Role of the Director.

2509. Regulations.

2510. The tribally controlled grant school endowment

program.

(a) In general.

(b) Interest.

2511. Definitions.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2001, 2008, 2018, 2021,

3207 of this title; title 20 sections 6316, 7221c, 7423.

-End-

-CITE-

25 USC Sec. 2501 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-

Sec. 2501. Declaration of policy

-STATUTE-

(a) Recognition

Congress recognizes that the Indian Self-Determination and

Education Assistance Act [25 U.S.C. 450 et seq.], which was a

product of the legitimate aspirations and a recognition of the

inherent authority of Indian nations, was and is a crucial positive

step toward tribal and community control and that the United States

has an obligation to assure maximum Indian participation in the

direction of educational services so as to render the persons

administering such services and the services themselves more

responsive to the needs and desires of Indian communities.

(b) Commitment

Congress declares its commitment to the maintenance of the

Federal Government's unique and continuing trust relationship with

and responsibility to the Indian people for the education of Indian

children through the establishment of a meaningful Indian

self-determination policy for education that will deter further

perpetuation of Federal bureaucratic domination of programs.

(c) National goal

Congress declares that a national goal of the United States is to

provide the resources, processes, and structure that will enable

tribes and local communities to obtain the quantity and quality of

educational services and opportunities that will permit Indian

children -

(1) to compete and excel in areas of their choice; and

(2) to achieve the measure of self-determination essential to

their social and economic well-being.

(d) Educational needs

Congress affirms -

(1) true self-determination in any society of people is

dependent upon an educational process that will ensure the

development of qualified people to fulfill meaningful leadership

roles;

(2) that Indian people have special and unique educational

needs, including the need for programs to meet the linguistic and

cultural aspirations of Indian tribes and communities; and

(3) that those needs may best be met through a grant process.

(e) Federal relations

Congress declares a commitment to the policies described in this

section and support, to the full extent of congressional

responsibility, for Federal relations with the Indian nations.

(f) Termination

Congress repudiates and rejects House Concurrent Resolution 108

of the 83d Congress and any policy of unilateral termination of

Federal relations with any Indian nation.

-SOURCE-

(Pub. L. 100-297, title V, Sec. 5202, as added Pub. L. 107-110,

title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2063.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act,

referred to in subsec. (a), 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.

House Concurrent Resolution 108 of the 83rd Congress, referred to

in subsec. (f), is H. Con. Res. 108, Eighty-third Congress, Aug. 1,

1953, 67 Stat. B132, which is not classified to the Code.

-MISC1-

PRIOR PROVISIONS

A prior section 2501, Pub. L. 100-297, title V, Sec. 5202, Apr.

28, 1988, 102 Stat. 385, set forth findings, prior to repeal by

Pub. L. 107-110, title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2063.

EFFECTIVE DATE

Section 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

Section 5201 of Pub. L. 100-297 provided that: "This part [part B

(Secs. 5201-5212) of title V of Pub. L. 100-297, enacting this

chapter] may be cited as the 'Tribally Controlled Schools Act of

1988'."

-End-

-CITE-

25 USC Sec. 2502 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-

Sec. 2502. Grants authorized

-STATUTE-

(a) In general

(1) Eligibility

The Secretary shall provide grants to Indian tribes, and tribal

organizations that -

(A) operate contract schools under title XI of the Education

Amendments of 1978 [25 U.S.C. 2000 et seq.] and notify the

Secretary of their election to operate the schools with

assistance under this chapter rather than continuing the

schools as contract schools;

(B) operate other tribally controlled schools eligible for

assistance under this chapter and submit applications (which

are approved by their tribal governing bodies) to the Secretary

for such grants; or

(C) elect to assume operation of Bureau-funded schools with

the assistance under this chapter and submit applications

(which are approved by their tribal governing bodies) to the

Secretary for such grants.

(2) Deposit of funds

Grants provided under this chapter shall be deposited into the

general operating fund of the tribally controlled school with

respect to which the grant is made.

(3) Use of funds

(A) In general

Except as otherwise provided in this paragraph, grants

provided under this chapter shall be used to defray, at the

discretion of the school board of the tribally controlled

school with respect to which the grant is provided, any

expenditures for education related activities for which any

funds that compose the grant may be used under the laws

described in section 2504(a) of this title, including

expenditures for -

(i) school operations, academic, educational, residential,

guidance and counseling, and administrative purposes; and

(ii) support services for the school, including

transportation.

(B) Exception

Grants provided under this chapter may, at the discretion of

the school board of the tribally controlled school with respect

to which such grant is provided, be used to defray operations

and maintenance expenditures for the school if any funds for

the operation and maintenance of the school are allocated to

the school under the provisions of any of the laws described in

section 2504(a) of this title.

(b) Limitations

(1) One grant per tribe or organization per fiscal year

Not more than one grant may be provided under this chapter with

respect to any Indian tribe or tribal organization for any fiscal

year.

(2) Nonsectarian use

Funds provided under any grant made under this chapter may not

be used in connection with religious worship or sectarian

instruction.

(3) Administrative costs limitation

Funds provided under any grant under this chapter may not be

expended for administrative costs (as defined in section

1128(h)(1) of the Education Amendments of 1978 [25 U.S.C.

2008(h)(1)]) in excess of the amount generated for such costs

under section 1128 of such Act.

(c) Limitation on transfer of funds among school sites

(1) In general

In the case of a grantee that operates schools at more than one

school site, the grantee may expend at any school site operated

by the grantee not more than the lesser of -

(A) 10 percent of the funds allocated for another school site

under section 1128 of the Education Amendments of 1978 [25

U.S.C. 2008]; or

(B) $400,000 of the funds allocated for another school site.

(2) Definition of school site

For purposes of this subsection, the term "school site" means

the physical location and the facilities of an elementary or

secondary educational or residential program operated by, or

under contract or grant with, the Bureau for which a discreet

student count is identified under the funding formula established

under section 1127 of the Education Amendments of 1978 [25 U.S.C.

2007].

(d) No requirement to accept grants

Nothing in this chapter may be construed -

(1) to require a tribe or tribal organization to apply for or

accept; or

(2) to allow any person to coerce any tribe or tribal

organization to apply for, or accept,

a grant under this chapter to plan, conduct, and administer all of,

or any portion of, any Bureau program. Such applications and the

timing of such applications shall be strictly voluntary. Nothing in

this chapter may be construed as allowing or requiring any grant

with any entity other than the entity to which the grant is

provided.

(e) No effect on Federal responsibility

Grants provided under this chapter shall not terminate, modify,

suspend, or reduce the responsibility of the Federal Government to

provide a program.

(f) Retrocession

(1) In general

Whenever a tribal governing body requests retrocession of any

program for which assistance is provided under this chapter, such

retrocession shall become effective upon a date specified by the

Secretary that is not later than 120 days after the date on which

the tribal governing body requests the retrocession. A later date

may be specified if mutually agreed upon by the Secretary and the

tribal governing body. If such a program is retroceded, the

Secretary shall provide to any Indian tribe served by such

program at least the same quantity and quality of services that

would have been provided under such program at the level of

funding provided under this chapter prior to the retrocession.

(2) Status after retrocession

The tribe requesting retrocession shall specify whether the

retrocession is to status as a Bureau-operated school or as a

school operated under contract under the Indian

Self-Determination and Education Assistance Act [25 U.S.C. 450 et

seq.].

(3) Transfer of equipment and materials

Except as otherwise determined by the Secretary, the tribe or

tribal organization operating the program to be retroceded must

transfer to the Secretary (or to the tribe or tribal organization

which will operate the program as a contract school) the existing

equipment and materials which were acquired -

(A) with assistance under this chapter; or

(B) upon assumption of operation of the program under this

chapter, if the school was a Bureau-funded school under title

XI of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.]

before receiving assistance under this chapter.

(g) Prohibition of termination for administrative convenience

Grants provided under this chapter may not be terminated,

modified, suspended, or reduced solely for the convenience of the

administering agency.

-SOURCE-

(Pub. L. 100-297, title V, Sec. 5203, as added Pub. L. 107-110,

title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2064.)

-REFTEXT-

REFERENCES IN TEXT

The Education Amendments of 1978, referred to in subsecs.

(a)(1)(A) and (f)(3)(B), is Pub. L. 95-561, Nov. 1, 1978, 92 Stat.

2143, as amended. Title XI of the Act is classified principally to

chapter 22 (Sec. 2000 et seq.) of this title. 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. (f)(2), 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 2502, Pub. L. 100-297, title V, Sec. 5203, Apr.

28, 1988, 102 Stat. 385, set forth declaration of policy, prior to

repeal by Pub. L. 107-110, title X, Sec. 1043, Jan. 8, 2002, 115

Stat. 2063. See section 2501 of this title.

EFFECTIVE DATE

Section 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.

-End-

-CITE-

25 USC Sec. 2503 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-

Sec. 2503. Composition of grants

-STATUTE-

(a) In general

The grant provided under this chapter to an Indian tribe or

tribal organization for any fiscal year shall consist of -

(1) the total amount of funds allocated for such fiscal year

under sections 1127 and 1128 of the Education Amendments of 1978

[25 U.S.C. 2007, 2008] with respect to the tribally controlled

schools eligible for assistance under this chapter which are

operated by such Indian tribe or tribal organization, including,

but not limited to, funds provided under such sections, or under

any other provision of law, for transportation costs;

(2) to the extent requested by such Indian tribe or tribal

organization, the total amount of funds provided from operations

and maintenance accounts and, notwithstanding section 450j of

this title, or any other provision of law, other facilities

accounts for such schools for such fiscal year (including but not

limited to those referenced under section 1126(d) of the

Education Amendments of 1978 [25 U.S.C. 2006(d)] or any other

law); and

(3) the total amount of funds that are allocated to such

schools for such fiscal year under -

(A) title I of the Elementary and Secondary Education Act of

1965 [20 U.S.C. 6301 et seq.];

(B) the Individuals with Disabilities Education Act [20

U.S.C. 1400 et seq.]; and

(C) any other Federal education law, that are allocated to

such schools for such fiscal year.(!1)

(b) Special rules

(1) In general

(A) Applicability of certain laws

Funds allocated to a tribally controlled school by reason of

paragraph (1) or (2) of subsection (a) of this section shall be

subject to the provisions of this chapter and shall not be

subject to any additional restriction, priority, or limitation

that is imposed by the Bureau with respect to funds provided

under -

(i) title I of the Elementary and Secondary Education Act

of 1965 [20 U.S.C. 6301 et seq.];

(ii) the Individuals with Disabilities Education Act [20

U.S.C. 1400 et seq.]; or

(iii) any Federal education law other than title XI of the

Education Amendments of 1978 [25 U.S.C. 2000 et seq.].

(B) Applicability of Bureau provisions

Indian tribes and tribal organizations to which grants are

provided under this chapter, and tribally controlled schools

for which such grants are provided, shall not be subject to any

requirements, obligations, restrictions, or limitations imposed

by the Bureau that would otherwise apply solely by reason of

the receipt of funds provided under any law referred to in

clause (i), (ii), or (iii) of subparagraph (A).

(2) Schools considered contract schools

Tribally controlled schools for which grants are provided under

this chapter shall be treated as contract schools for the

purposes of allocation of funds under sections 1126(e), 1127, and

1128 of the Education Amendments of 1978 [25 U.S.C. 2006(e),

2007, 2008].

(3) Schools considered Bureau schools

Tribally controlled schools for which grants are provided under

this chapter shall be treated as Bureau schools for the purposes

of allocation of funds provided under -

(A) title I of the Elementary and Secondary Education Act of

1965 [20 U.S.C. 6301 et seq.];

(B) the Individuals with Disabilities Education Act [20

U.S.C. 1400 et seq.]; and

(C) any other Federal education law, that are distributed

through the Bureau.

(4) Accounts; use of certain funds

(A) Separate account

(i) In general

Notwithstanding section 2503(a)(2) (!2) of this title, with

respect to funds from facilities improvement and repair,

alteration and renovation (major or minor), health and

safety, or new construction accounts included in the grant

provided under section 2503(a) (!2) of this title, the grant

recipient shall maintain a separate account for such funds.

(ii) Submission of accounting

At the end of the period designated for the work covered by

the funds received, the grant recipient shall submit to the

Secretary a separate accounting of the work done and the

funds expended.

(iii) Use of funds

Funds received from those accounts may only be used for the

purpose for which the funds were appropriated and for the

work encompassed by the application or submission for which

the funds were received.

(iv) Completion of project

Upon completion of a project for which a separate account

is established under this paragraph, the portion of the grant

related to such project may be closed out upon agreement by

the grantee and the Secretary.

(B) Requirements for projects

(i) Regulatory requirements

With respect to a grant to a tribally controlled school

under this chapter for new construction or facilities

improvements and repair in excess of $100,000, such grant

shall be subject to the Administrative and Audit Requirements

and Cost Principles for Assistance Programs contained in part

12 of title 43, Code of Federal Regulations.

(ii) Exception

Notwithstanding clause (i), grants described in such clause

shall not be subject to section 12.61 of title 43, Code of

Federal Regulations. The Secretary and the grantee shall

negotiate and determine a schedule of payments for the work

to be performed.

(iii) Applications

In considering applications for a grant described in clause

(i), the Secretary shall consider whether the Indian tribe or

tribal organization involved would be deficient in ensuring

that the construction projects under the proposed grant

conform to applicable building standards and codes and

Federal, tribal, or State health and safety standards as

required under section 1124 of the Education Amendments of

1978 (25 U.S.C. 2005(a)) (!3) with respect to organizational

and financial management capabilities.

(iv) Disputes

Any disputes between the Secretary and any grantee

concerning a grant described in clause (i) shall be subject

to the dispute provisions contained in section 2508(e) (!4)

of this title.

(C) New construction

Notwithstanding subparagraph (A), a school receiving a grant

under this chapter for facilities improvement and repair may

use such grant funds for new construction if the tribal

governing body or tribal organization that submits the

application for the grant provides funding for the new

construction equal to at least 25 percent of the total cost of

such new construction.

(D) Period

In a case in which the appropriations measure under which the

funds described in subparagraph (A) are made available or the

application submitted for the funds does not stipulate a period

for the work covered by the funds, the Secretary and the grant

recipient shall consult and determine such a period prior to

the transfer of the funds. A period so determined may be

extended upon mutual agreement of the Secretary and the grant

recipient.

(5) Enforcement of request to include funds

(A) In general

If the Secretary fails to carry out a request filed by an

Indian tribe or tribal organization to include in such tribe

(!5) or organization's grant under this chapter the funds

described in subsection (a)(2) of this section within 180 days

after the filing of the request, the Secretary shall -

(i) be deemed to have approved such request; and

(ii) immediately upon the expiration of such 180-day period

amend the grant accordingly.

(B) Rights

A tribe or organization described in subparagraph (A) may

enforce its rights under subsection (a)(2) of this section and

this paragraph, including rights relating to any denial or

failure to act on such tribe's or organization's request,

pursuant to the dispute authority described in section 2508(e)

(!4) of this title.

-SOURCE-

(Pub. L. 100-297, title V, Sec. 5204, as added Pub. L. 107-110,

title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2066.)

-REFTEXT-

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to

in subsecs. (a)(3)(A) and (b)(1)(A)(i), (3)(A), is Pub. L. 89-10,

Apr. 11, 1965, 79 Stat. 27. Title I of the Act is classified

generally to subchapter I (Sec. 6301 et seq.) 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.

The Individuals with Disabilities Education Act, referred to in

subsecs. (a)(3)(B) and (b)(1)(A)(ii), (3)(B), is title VI of Pub.

L. 91-230, Apr. 13, 1970, 84 Stat. 175, as amended, which is

classified generally to chapter 33 (Sec. 1400 et seq.) of Title 20,

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

section 1400 of Title 20 and Tables.

The Education Amendments of 1978, referred to in subsec.

(b)(1)(A)(iii), is Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2143, as

amended. Title XI of the Act is classified principally to chapter

22 (Sec. 2000 et seq.) of this title. For complete classification

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

6301 of Title 20, Education, and Tables.

Section 1124 of the Education Amendments of 1978 (25 U.S.C.

2005(a)), referred to in subsec. (b)(4)(B)(iii), probably should be

section 1125 of the Education Amendments of 1978, Pub. L. 95-561,

which is classified to section 2005 of this title and requires, in

subsec. (b), compliance with health and safety standards. Section

1124 of Pub. L. 95-561, which is classified to section 2004 of this

title, relates to school boundaries.

-MISC1-

PRIOR PROVISIONS

A prior section 2503, Pub. L. 100-297, title V, Sec. 5204, Apr.

28, 1988, 102 Stat. 386; Pub. L. 100-427, Sec. 10(a), (b), Sept. 9,

1988, 102 Stat. 1607; Pub. L. 102-119, Sec. 26(f), Oct. 7, 1991,

105 Stat. 607; Pub. L. 103-382, title III, Sec. 394(m)(1), Oct. 20,

1994, 108 Stat. 4029, authorized grants, prior to repeal by Pub. L.

107-110, title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2063. See

section 2502 of this title.

EFFECTIVE DATE

Section 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2007 of this title.

-FOOTNOTE-

(!1) So in original. The words ", that are allocated to such

schools for such fiscal year" probably should not appear.

(!2) So in original. Probably should be "2502(a)(2)" and

"2502(a)".

(!3) See References in Text note below.

(!4) So in original. Probably should be section "2507(e)".

(!5) So in original. Probably should be "tribe's".

-End-

-CITE-

25 USC Sec. 2504 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-

Sec. 2504. Eligibility for grants

-STATUTE-

(a) Rules

(1) In general

A tribally controlled school is eligible for assistance under

this chapter if the school -

(A) on April 28, 1988, was a contract school under title XI

of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.]

and the tribe or tribal organization operating the school

submits to the Secretary a written notice of election to

receive a grant under this chapter;

(B) was a Bureau-operated school under title XI of the

Education Amendments of 1978 [25 U.S.C. 2000 et seq.] and has

met the requirements of subsection (b) of this section;

(C) is a school for which the Bureau has not provided funds,

but which has met the requirements of subsection (c) of this

section; or

(D) is a school with respect to which an election has been

made under paragraph (2) and which has met the requirements of

subsection (b) of this section.

(2) New schools

Any application which has been submitted under the Indian

Self-Determination and Education Assistance Act [25 U.S.C. 450 et

seq.] by an Indian tribe for a school which is not in operation

on January 8, 2002, shall be reviewed under the guidelines and

regulations for applications submitted under the Indian

Self-Determination and Education Assistance Act that were in

effect at the time the application was submitted, unless the

Indian tribe or tribal organization elects to have the

application reviewed under the provisions of subsection (b) of

this section.

(b) Additional requirements for Bureau-funded schools and certain

electing schools

(1) Bureau-funded schools

A school that was a Bureau-funded school under title XI of the

Education Amendments of 1978 [25 U.S.C. 2000 et seq.] on January

8, 2002, and any school with respect to which an election is made

under subsection (a)(2) of this section, meets the requirements

of this subsection if -

(A) the Indian tribe or tribal organization that operates, or

desires to operate, the school submits to the Secretary an

application requesting that the Secretary -

(i) transfer operation of the school to the Indian tribe or

tribal organization, if the Indian tribe or tribal

organization is not already operating the school; and

(ii) make a determination as to whether the school is

eligible for assistance under this chapter; and

(B) the Secretary makes a determination that the school is

eligible for assistance under this chapter.

(2) Certain electing schools

(A) In general

By not later than the date that is 120 days after the date on

which an application is submitted to the Secretary under

paragraph (1)(A), the Secretary shall determine -

(i) in the case of a school which is not being operated by

the Indian tribe or tribal organization, whether to transfer

operation of the school to the Indian tribe or tribal

organization; and

(ii) whether the school is eligible for assistance under

this chapter.

(B) Other determinations

In considering applications submitted under paragraph (1)(A),

the Secretary -

(i) shall transfer operation of the school to the Indian

tribe or tribal organization, if the tribe or tribal

organization is not already operating the school; and

(ii) shall determine that the school is eligible for

assistance under this chapter, unless the Secretary finds by

clear and convincing evidence that the services to be

provided by the Indian tribe or tribal organization will be

deleterious to the welfare of the Indians served by the

school.

(C) Considerations

In considering applications submitted under paragraph (1)(A),

the Secretary shall consider whether the Indian tribe or tribal

organization would be deficient in operating the school with

respect to -

(i) equipment;

(ii) bookkeeping and accounting procedures;

(iii) ability to adequately manage a school; or

(iv) adequately trained personnel.

(c) Additional requirements for a school which is not a

Bureau-funded school

(1) In general

A school which is not a Bureau-funded school under title XI of

the Education Amendments of 1978 [25 U.S.C. 2000 et seq.] meets

the requirements of this subsection if -

(A) the Indian tribe or tribal organization that operates, or

desires to operate, the school submits to the Secretary an

application requesting a determination by the Secretary as to

whether the school is eligible for assistance under this

chapter; and

(B) the Secretary makes a determination that a school is

eligible for assistance under this chapter.

(2) Deadline for determination by Secretary

(A) In general

By not later than the date that is 180 days after the date on

which an application is submitted to the Secretary under

paragraph (1)(A), the Secretary shall determine whether the

school is eligible for assistance under this chapter.

(B) Considerations

In making the determination under subparagraph (A), the

Secretary shall give equal consideration to each of the

following factors:

(i) With respect to the applicant's proposal -

(I) the adequacy of facilities or the potential to obtain

or provide adequate facilities;

(II) geographic and demographic factors in the affected

areas;

(III) adequacy of the applicant's program plans;

(IV) geographic proximity of comparable public education;

and

(V) the needs as expressed by all affected parties,

including but not limited to students, families, tribal

governments at both the central and local levels, and

school organizations.

(ii) With respect to all education services already

available -

(I) geographic and demographic factors in the affected

areas;

(II) adequacy and comparability of programs already

available;

(III) consistency of available programs with tribal

education codes or tribal legislation on education; and

(IV) the history and success of these services for the

proposed population to be served, as determined from all

factors including, if relevant, standardized examination

performance.

(C) Geographic proximity

The Secretary may not make a determination under this

paragraph that is primarily based upon the geographic proximity

of comparable public education.

(D) Other information

Applications submitted under paragraph (1)(A) shall include

information on the factors described in subparagraph (B)(i),

but the applicant may also provide the Secretary such

information relative to the factors described in subparagraph

(B)(ii) as the applicant considers appropriate.

(E) Deadline

If the Secretary fails to make a determination under

subparagraph (A) with respect to an application within 180 days

after the date on which the Secretary received the application,

the Secretary shall be treated as having made a determination

that the tribally controlled school is eligible for assistance

under the title (!1) and the grant shall become effective 18

months after the date on which the Secretary received the

application, or on an earlier date, at the Secretary's

discretion.

(d) Filing of applications and reports

(1) In general

All applications and reports submitted to the Secretary under

this chapter, and any amendments to such applications or reports,

shall be filed with the education line officer designated by the

Director of the Office of Indian Education Programs of the Bureau

of Indian Affairs. The date on which such filing occurs shall,

for purposes of this chapter, be treated as the date on which the

application or amendment was submitted to the Secretary.

(2) Supporting documentation

Any application that is submitted under this chapter shall be

accompanied by a document indicating the action taken by the

tribal governing body in authorizing such application.

(e) Effective date for approved applications

Except as provided by subsection (c)(2)(E) of this section, a

grant provided under this chapter, and any transfer of the

operation of a Bureau school made under subsection (b) of this

section, shall become effective beginning the academic year

succeeding the fiscal year in which the application for the grant

or transfer is made, or at an earlier date determined by the

Secretary.

(f) Denial of applications

(1) In general

Whenever the Secretary refuses to approve a grant under this

chapter, to transfer operation of a Bureau school under

subsection (b) of this section, or determines that a school is

not eligible for assistance under this chapter, the Secretary

shall -

(A) state the objections in writing to the tribe or tribal

organization within the allotted time;

(B) provide assistance to the tribe or tribal organization to

overcome all stated objections;

(C) at the request of the tribe or tribal organization,

provide the tribe or tribal organization a hearing on the

record under the same rules and regulations that apply under

the Indian Self-Determination and Education Assistance Act [25

U.S.C. 450 et seq.]; and

(D) provide an opportunity to appeal the objection raised.

(2) Timeline for reconsideration of amended applications

The Secretary shall reconsider any amended application

submitted under this chapter within 60 days after the amended

application is submitted to the Secretary.

(g) Report

The Bureau shall submit an annual report to the Congress on all

applications received, and actions taken (including the costs

associated with such actions), under this section at the same time

that the President is required to submit to Congress the budget

under section 1105 of title 31.

-SOURCE-

(Pub. L. 100-297, title V, Sec. 5205, as added Pub. L. 107-110,

title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2068.)

-REFTEXT-

REFERENCES IN TEXT

The Education Amendments of 1978, referred to in subsecs.

(a)(1)(A), (B), (b)(1), and (c)(1), is Pub. L. 95-561, Nov. 1,

1978, 92 Stat. 2143, as amended. Title XI of the Act is classified

principally to chapter 22 (Sec. 2000 et seq.) of this title. 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 subsecs. (a)(2) and (f)(1)(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.

The title, referred to in subsec. (c)(2)(E), probably should be

"this part", meaning part B of title V of Pub. L. 100-297, known as

the Tribally Controlled Schools Act of 1988, which is classified

generally to this chapter. For complete classification of part B to

the Code, see Short Title note set out under section 2501 of this

title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2504, Pub. L. 100-297, title V, Sec. 5205, Apr.

28, 1988, 102 Stat. 387; Pub. L. 100-427, Sec. 10(c), Sept. 9,

1988, 102 Stat. 1608; Pub. L. 101-301, Sec. 5(g), May 24, 1990, 104

Stat. 209; Pub. L. 102-119, Sec. 26(f), Oct. 7, 1991, 105 Stat.

607; Pub. L. 103-382, title III, Secs. 382(a), (b), 394(m)(2), Oct.

20, 1994, 108 Stat. 4017, 4029, related to composition of grants,

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

2002, 115 Stat. 2063. See section 2503 of this title.

EFFECTIVE DATE

Section 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2502, 2505 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

25 USC Sec. 2505 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-

Sec. 2505. Duration of eligibility determination

-STATUTE-

(a) In general

If the Secretary determines that a tribally controlled school is

eligible for assistance under this chapter, the eligibility

determination shall remain in effect until the determination is

revoked by the Secretary, and the requirements of subsection (b) or

(c) of section 2504 of this title, if applicable, shall be

considered to have been met with respect to such school until the

eligibility determination is revoked by the Secretary.

(b) Annual reports

(1) In general

Each recipient of a grant provided under this chapter shall

complete an annual report which shall be limited to -

(A) an annual financial statement reporting revenue and

expenditures as defined by the cost accounting established by

the grantee;

(B) an annual financial audit conducted pursuant to the

standards of the Single Audit Act of 1984 [31 U.S.C. 7501 et

seq.];

(C) a biennial compliance audit of the procurement of

personal property during the period for which the report is

being prepared that shall be in compliance with written

procurement standards that are developed by the local school

board;

(D) an annual submission to the Secretary of the number of

students served and a brief description of programs offered

under the grant; and

(E) a program evaluation conducted by an impartial evaluation

review team, to be based on the standards established for

purposes of subsection (c)(1)(A)(ii) (!1) of this section.

(2) Evaluation review teams

Where appropriate, other tribally controlled schools and

representatives of tribally controlled community colleges shall

make up members of the evaluation review teams.

(3) Evaluations

In the case of a school which is accredited, evaluations will

be conducted at intervals under the terms of accreditation.

(4) Submission of report

(A) To tribal governing body

Upon completion of the report required under paragraph (1),

the recipient of the grant shall send (via first class mail,

return receipt requested) a copy of such annual report to the

tribal governing body (as defined in section 2012(f) of this

title) of the tribally controlled school.

(B) To Secretary

Not later than 30 days after receiving written confirmation

that the tribal governing body has received the report sent

pursuant to subparagraph (A), the recipient of the grant shall

send a copy of the report to the Secretary.

(c) Revocation of eligibility

(1) Determination of eligibility for assistance

The Secretary shall not revoke a determination that a school is

eligible for assistance under this chapter if -

(A) the Indian tribe or tribal organization submits the

reports required under subsection (b) of this section with

respect to the school; and

(B) at least one of the following clauses applies with

respect to the school:

(i) The school is certified or accredited by a State or

regional accrediting association or is a candidate in good

standing for such accreditation under the rules of the State

or regional accrediting association, showing that credits

achieved by the students within the education programs are,

or will be, accepted at grade level by a State certified or

regionally accredited institution.

(ii) The Secretary determines that there is a reasonable

expectation that the certification or accreditation described

in clause (i), or candidacy in good standing for such

certification or accreditation, will be achieved by the

school within 3 years. The school seeking accreditation shall

remain under the standards of the Bureau in effect on January

8, 2002, until such time as the school is accredited, except

that if the Bureau standards are in conflict with the

standards of the accrediting agency, the standards of such

agency shall apply in such case.

(iii) The school is accredited by a tribal department of

education if such accreditation is accepted by a generally

recognized regional or State accreditation agency.

(iv)(I) With respect to a school that lacks accreditation,

or that is not a candidate for accreditation, based on

circumstances that are not beyond the control of the school

board, every 3 years an impartial evaluator agreed upon by

the Secretary and the grant recipient conducts evaluations of

the school, and the school receives a positive assessment

under such evaluations. The evaluations are conducted under

standards adopted by a contractor under a contract for the

school entered into under the Indian Self-Determination and

Education Assistance Act [25 U.S.C. 450 et seq.] (or

revisions of such standards agreed to by the Secretary and

the grant recipient) prior to January 8, 2002.

(II) If the Secretary and a grant recipient other than a

tribal governing body fail to agree on such an evaluator, the

tribal governing body shall choose the evaluator or perform

the evaluation. If the Secretary and a grant recipient that

is a tribal governing body fail to agree on such an

evaluator, subclause (I) shall not apply.

(III) A positive assessment by an impartial evaluator under

this clause shall not affect the revocation of a

determination of eligibility by the Secretary where such

revocation is based on circumstances that were within the

control of the school board.

(2) Notice requirements for revocation

The Secretary shall not revoke a determination that a school is

eligible for assistance under this chapter, or reassume control

of a school that was a Bureau school prior to approval of an

application submitted under section 2505(b)(1)(A) (!2) of this

title until the Secretary -

(A) provides notice to the tribally controlled school and the

tribal governing body (within the meaning of section 2021 of

this title) of the tribally controlled school which states -

(i) the specific deficiencies that led to the revocation or

resumption determination; and

(ii) the actions that are needed to remedy such

deficiencies; and

(B) affords such authority an opportunity to effect the

remedial actions.

(3) Technical assistance

The Secretary shall provide such technical assistance to enable

the school and governing body to carry out such remedial actions.

(4) Hearing and appeal

In addition to notice and technical assistance under this

subsection, the Secretary shall provide to the school and

governing body -

(A) at the request of the school or governing body, a hearing

on the record regarding the revocation or reassumption

determination, to be conducted under the rules and regulations

described in section 2505(f)(1)(C) (!3) of this title; and

(B) an opportunity to appeal the decision resulting from the

hearing.

(d) Applicability of section pursuant to election under section

2507(b)

With respect to a tribally controlled school that receives

assistance under this chapter pursuant to an election made under

section 2507(b) of this title -

(1) subsection (b) of this section shall apply; and

(2) the Secretary may not revoke eligibility for assistance

under this chapter except in conformance with subsection (c) of

this section.

-SOURCE-

(Pub. L. 100-297, title V, Sec. 5206, as added Pub. L. 107-110,

title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2072.)

-REFTEXT-

REFERENCES IN TEXT

The Single Audit Act of 1984, referred to in subsec. (b)(1)(B),

is Pub. L. 98-502, Oct. 19, 1984, 98 Stat. 2327, as amended, which

is classified generally to chapter 75 (Sec. 7501 et seq.) of Title

31, Money and Finance. For complete classification of this Act to

the Code, see Short Title of 1984 Amendment note set out under

section 7501 of Title 31 and Tables.

The Indian Self-Determination and Education Assistance Act,

referred to in subsec. (c)(1)(B)(iv)(I), 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 2505, Pub. L. 100-297, title V, Sec. 5206, Apr.

28, 1988, 102 Stat. 388; Pub. L. 100-427, Sec. 11, Sept. 9, 1988,

102 Stat. 1608; Pub. L. 105-362, title VIII, Sec. 801(d), Nov. 10,

1998, 112 Stat. 3288, related to eligibility for grants, prior to

repeal by Pub. L. 107-110, title X, Sec. 1043, Jan. 8, 2002, 115

Stat. 2063. See section 2504 of this title.

EFFECTIVE DATE

Section 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2507 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be subsection "(c)(1)(B)(ii)".

(!2) So in original. Probably should be section "2504(b)(1)(A)".

(!3) So in original. Probably should be section "2504(f)(1)(C)".

-End-

-CITE-

25 USC Sec. 2506 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-

Sec. 2506. Payment of grants; investment of funds

-STATUTE-

(a) Payments

(1) In general

Except as otherwise provided in this subsection, the Secretary

shall make payments to grantees under this chapter in two

payments, of which -

(A) the first payment shall be made not later than July 1 of

each year in an amount equal to 80 percent of the amount which

the grantee was entitled to receive during the preceding

academic year; and

(B) the second payment, consisting of the remainder to which

the grantee is entitled for the academic year, shall be made

not later than December 1 of each year.

(2) Excess funding

In a case in which the amount provided to a grant recipient

under paragraph (1)(A) is in excess of the amount that the

recipient is entitled to receive for the academic year involved,

the recipient shall return to the Secretary such excess amount

not later than 30 days after the final determination that the

school was overpaid pursuant to this section. The amount returned

to the Secretary under this paragraph shall be distributed

equally to all schools in the system.

(3) Newly funded schools

For any school for which no payment under this chapter was made

from Bureau funds in the preceding academic year, full payment of

the amount computed for the first academic year of eligibility

under this chapter shall be made not later than December 1 of the

academic year.

(4) Late funding

With regard to funds for grantees that become available for

obligation on October 1 of the fiscal year for which such funds

are appropriated, the Secretary shall make payments to grantees

not later than December 1 of the fiscal year.

(5) Applicability of certain title 31 provisions

The provisions of chapter 39 of title 31 shall apply to the

payments required to be made by paragraphs (1), (3), and (4).

(6) Restrictions

Paragraphs (1), (3), and (4) shall be subject to any

restriction on amounts of payments under this chapter that are

imposed by a continuing resolution or other Act appropriating the

funds involved.

(b) Investment of funds

(1) Treatment of interest and investment income

Notwithstanding any other provision of law, any interest or

investment income that accrues to any funds provided under this

chapter after such funds are paid to the Indian tribe or tribal

organization and before such funds are expended for the purpose

for which such funds were provided under this chapter shall be

the property of the Indian tribe or tribal organization and shall

not be taken into account by any officer or employee of the

Federal Government in determining whether to provide assistance,

or the amount of assistance, under any provision of Federal law.

Such interest income shall be spent on behalf of the school.

(2) Permissible investments

Funds provided under this chapter may be invested by the Indian

tribe or tribal organization before such funds are expended for

the purposes of this chapter so long as such funds are -

(A) invested by the Indian tribe or tribal organization only

in obligations of the United States, or in obligations or

securities that are guaranteed or insured by the United States,

or mutual (or other) funds registered with the Securities and

Exchange Commission and which only invest in obligations of the

United States, or securities that are guaranteed or insured by

the United States; or

(B) deposited only into accounts that are insure by and (!1)

agency or instrumentality of the United States, or are fully

collateralized to ensure protection of the funds, even in the

event of a bank failure.

(c) Recoveries

For the purposes of underrecovery and overrecovery determinations

by any Federal agency for any other funds, from whatever source

derived, funds received under this chapter shall not be taken into

consideration.

-SOURCE-

(Pub. L. 100-297, title V, Sec. 5207, as added Pub. L. 107-110,

title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2074.)

-MISC1-

PRIOR PROVISIONS

A prior section 2506, Pub. L. 100-297, title V, Sec. 5207, Apr.

28, 1988, 102 Stat. 391; Pub. L. 100-427, Sec. 12, Sept. 9, 1988,

102 Stat. 1608, related to duration of eligibility determination,

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

2002, 115 Stat. 2063. See section 2505 of this title.

EFFECTIVE DATE

Section 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.

-FOOTNOTE-

(!1) So in original. Probably should be "insured by an".

-End-

-CITE-

25 USC Sec. 2507 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-

Sec. 2507. Application with respect to Indian Self-Determination

and Education Assistance Act

-STATUTE-

(a) Certain provisions to apply to grants

The following provisions of the Indian Self-Determination and

Education Assistance Act [25 U.S.C. 450 et seq.] (and any

subsequent revisions thereto or renumbering thereof), shall apply

to grants provided under this chapter:

(1) Section 5(f) [25 U.S.C. 450c(f)] (relating to single agency

audit).

(2) Section 6 [25 U.S.C. 450d] (relating to criminal

activities; penalties).

(3) Section 7 [25 U.S.C. 450e] (relating to wage and labor

standards).

(4) Section 104 [25 U.S.C. 450i] (relating to retention of

Federal employee coverage).

(5) Section 105(f) [25 U.S.C. 450j(f)] (relating to Federal

property).

(6) Section 105(k) [25 U.S.C. 450j(k)] (relating to access to

Federal sources of supply).

(7) Section 105(l) [25 U.S.C. 450j(l)] (relating to lease of

facility used for administration and delivery of services).

(8) Section 106(f) [25 U.S.C. 450j-1(f)] (relating to

limitation on remedies relating to cost allowances).

(9) Section 106(j) [25 U.S.C. 450j-1(j)] (relating to use of

funds for matching or cost participation requirements).

(10) Section 106(k) [25 U.S.C. 450j-1(k)] (relating to

allowable uses of funds).

(11) Section 108(c) [25 U.S.C. 450l(c)] (Model Agreements

provisions (1)(a)(5) (!1) (relating to limitations of costs),

(1)(a)(7) (!2) (relating to records and monitoring), (1)(a)(8)

(!3) (relating to property), and (a)(1)(9) (!4) (relating to

availability of funds).(!5)

(12) Section 109 [25 U.S.C. 450m] (relating to reassumption).

(13) Section 111 [25 U.S.C. 450n] (relating to sovereign

immunity and trusteeship rights unaffected).

(b) Election for grant in lieu of contract

(1) In general

Contractors for activities to which this chapter applies who

have entered into a contract under the Indian Self-Determination

and Education Assistance Act [25 U.S.C. 450 et seq.] that is in

effect on January 8, 2002, may, by giving notice to the

Secretary, elect to have the provisions of this chapter apply to

such activity in lieu of such contract.

(2) Effective date of election

Any election made under paragraph (1) shall take effect on the

first day of July immediately following the date of such

election.

(3) Exception

In any case in which the first day of July immediately

following the date of an election under paragraph (1) is less

than 60 days after such election, such election shall not take

effect until the first day of July of (!6) year following the

year in which the election is made.

(c) No duplication

No funds may be provided under any contract entered into under

the Indian Self-Determination and Education Assistance Act [25

U.S.C. 450 et seq.] to pay any expenses incurred in providing any

program or services if a grant has been made under this chapter to

pay such expenses.

(d) Transfers and carryovers

(1) Buildings, equipment, supplies, materials

A tribe or tribal organization assuming the operation of -

(A) a Bureau school with assistance under this chapter shall

be entitled to the transfer or use of buildings, equipment,

supplies, and materials to the same extent as if it were

contracting under the Indian Self-Determination and Education

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

(B) a contract school with assistance under this chapter

shall be entitled to the transfer or use of buildings,

equipment, supplies, and materials that were used in the

operation of the contract school to the same extent as if it

were contracting under the Indian Self-Determination and

Education Assistance Act.

(2) Funds

Any tribe or tribal organization which assumes operation of a

Bureau school with assistance under this chapter and any tribe or

tribal organization which elects to operate a school with

assistance under this chapter rather that (!7) to continue as a

contract school shall be entitled to any funds which would

carryover from the previous fiscal year as if such school were

operated as a contract school.

(3) Funding for school improvement

Any tribe or tribal organization that assumes operation of a

Bureau school or a contract school with assistance under this

chapter shall be eligible for funding for the improvement,

alteration, replacement, and repair of facilities to the same

extent as a Bureau school.

(e) Exceptions, problems, and disputes

Any exception or problem cited in an audit conducted pursuant to

section 2505(b)(1) of this title, any dispute regarding a grant

authorized to be made pursuant to this chapter or any amendment to

such grant, and any dispute involving an administrative cost grant

under section 2008 of this title shall be administered under the

provisions governing such exceptions, problems, or disputes in the

case of contracts under the Indian Self-Determination and Education

Assistance Act [25 U.S.C. 450 et seq.]. The Equal Access to Justice

Act shall apply to administrative appeals filed after September 8,

1988, by grantees regarding a grant under this chapter, including

an administrative cost grant.

-SOURCE-

(Pub. L. 100-297, title V, Sec. 5208, as added Pub. L. 107-110,

title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2076.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act,

referred to in text, 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.

The Equal Access to Justice Act, referred to in subsec. (e), is

title II of Pub. L. 96-481, Oct. 21, 1980, 94 Stat. 2325, as

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

Short Title note set out under section 504 of Title 5, Government

Organization and Employees, and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2507, Pub. L. 100-297, title V, Sec. 5208, Apr.

28, 1988, 102 Stat. 393; Pub. L. 100-427, Sec. 13, Sept. 9, 1988,

102 Stat. 1609; Pub. L. 103-382, title III, Sec. 382(c), Oct. 20,

1994, 108 Stat. 4017, related to payment of grants and investment

of funds, prior to repeal by Pub. L. 107-110, title X, Sec. 1043,

Jan. 8, 2002, 115 Stat. 2063. See section 2506 of this title.

EFFECTIVE DATE

Section 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2503, 2505 of this title;

title 20 section 7221c.

-FOOTNOTE-

(!1) So in original. Probably should be "1(b)(5)".

(!2) So in original. Probably should be "1(b)(7)".

(!3) So in original. Probably should be "1(b)(8)".

(!4) So in original. Probably should be "1(b)(9)".

(!5) So in original. There probably should be a second closing

parenthesis.

(!6) So in original. Probably should be followed by "the".

(!7) So in original. Probably should be "than".

-End-

-CITE-

25 USC Sec. 2508 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-

Sec. 2508. Role of the Director

-STATUTE-

Applications for grants under this chapter, and all application

modifications, shall be reviewed and approved by personnel under

the direction and control of the Director of the Office of Indian

Education Programs. Required reports shall be submitted to

education personnel under the direction and control of the Director

of such Office.

-SOURCE-

(Pub. L. 100-297, title V, Sec. 5209, as added Pub. L. 107-110,

title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2077.)

-MISC1-

PRIOR PROVISIONS

A prior section 2508, Pub. L. 100-297, title V, Sec. 5209, Apr.

28, 1988, 102 Stat. 394; Pub. L. 100-427, Sec. 14, Sept. 9, 1988,

102 Stat. 1609; Pub. L. 101-301, Sec. 5(b), May 24, 1990, 104 Stat.

207; Pub. L. 103-382, title III, Sec. 382(d), (e), Oct. 20, 1994,

108 Stat. 4017, 4018, related to application with respect to Indian

Self-Determination and Education Assistance Act, prior to repeal by

Pub. L. 107-110, title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2063.

See section 2507 of this title.

EFFECTIVE DATE

Section 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.

-End-

-CITE-

25 USC Sec. 2509 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-

Sec. 2509. Regulations

-STATUTE-

The Secretary is authorized to issue regulations relating to the

discharge of duties specifically assigned to the Secretary in this

chapter. For all other matters relating to the details of planning,

developing, implementing, and evaluating grants under this chapter,

the Secretary shall not issue regulations.

-SOURCE-

(Pub. L. 100-297, title V, Sec. 5210, as added Pub. L. 107-110,

title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2077.)

-MISC1-

PRIOR PROVISIONS

A prior section 2509, Pub. L. 100-297, title V, Sec. 5210, Apr.

28, 1988, 102 Stat. 394, related to role of Director, prior to

repeal by Pub. L. 107-110, title X, Sec. 1043, Jan. 8, 2002, 115

Stat. 2063. See section 2508 of this title.

EFFECTIVE DATE

Section 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.

-End-

-CITE-

25 USC Sec. 2510 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-

Sec. 2510. The tribally controlled grant school endowment program

-STATUTE-

(a) In general

(1) Establishment

Each school receiving a grant under this chapter may establish,

at a federally insured financial institution, a trust fund for

the purposes of this section.

(2) Deposits and use

The school may provide -

(A) for deposit into the trust fund, only funds from

non-Federal sources, except that the interest on funds received

from grants provided under this chapter may be used for that

purpose;

(B) for deposit into the trust fund, any earnings on funds

deposited in the fund; and

(C) for the sole use of the school any noncash, in-kind

contributions of real or personal property, which may at any

time be used, sold, or otherwise disposed of.

(b) Interest

Interest from the fund established under subsection (a) of this

section may periodically be withdrawn and used, at the discretion

of the school, to defray any expenses associated with the operation

of the school consistent with the purposes of this Act.(!1)

-SOURCE-

(Pub. L. 100-297, title V, Sec. 5211, as added Pub. L. 107-110,

title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2078.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b), is Pub. L. 100-297 and

probably should be "this part", meaning part B of title V of Pub.

L. 100-297, known as the Tribally Controlled Schools Act of 1988,

which is classified generally to this chapter. For complete

classification of part B to the Code, see Short Title note set out

under section 2501 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2510, Pub. L. 100-297, title V, Sec. 5211, Apr.

28, 1988, 102 Stat. 394, related to regulations, prior to repeal by

Pub. L. 107-110, title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2063.

See section 2509 of this title.

EFFECTIVE DATE

Section 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2017 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

25 USC Sec. 2511 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-

Sec. 2511. Definitions

-STATUTE-

In this chapter:

(1) Bureau

The term "Bureau" means the Bureau of Indian Affairs of the

Department of the Interior.

(2) Eligible Indian student

The term "eligible Indian student" has the meaning given such

term in section 2007(f) of this title.

(3) Indian

The term "Indian" means a member of an Indian tribe, and

includes individuals who are eligible for membership in a tribe,

and the child or grandchild of such an individual.

(4) Indian tribe

The term "Indian tribe" means any Indian tribe, band, nation,

or other organized group or community, including an Alaska Native

Village Corporation or Regional 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.

(5) Local educational agency

The term "local educational agency" means a public board of

education or other public authority legally constituted within a

State for either administrative control or direction of, or to

perform a service function for, public elementary schools or

secondary schools in a city, county, township, school district,

or other political subdivision of a State or such combination of

school districts or counties as are recognized in a State as an

administrative agency for the State's public elementary schools

or secondary schools. Such term includes any other public

institution or agency having administrative control and direction

of a public elementary school or secondary school.

(6) Secretary

The term "Secretary" means the Secretary of the Interior.

(7) Tribal governing body

The term "tribal governing body" means, with respect to any

school that receives assistance under this Act,(!1) the

recognized governing body of the Indian tribe involved.

(8) Tribal organization

(A) In general

The term "tribal organization" means -

(i) the recognized governing body of any Indian tribe; or

(ii) any legally established organization of Indians that -

(I) is controlled, sanctioned, or chartered by such

governing body or is democratically elected by the adult

members of the Indian community to be served by such

organization; and

(II) includes the maximum participation of Indians in all

phases of the organization's activities.

(B) Authorization

In any case in which a grant is provided under this chapter

to an organization to provide services through a tribally

controlled school benefiting more than one Indian tribe, the

approval of the governing bodies of Indian tribes representing

80 percent of the students attending the tribally controlled

school shall be considered a sufficient tribal authorization

for such grant.

(9) Tribally controlled school

The term "tribally controlled school" means a school that -

(A) is operated by an Indian tribe or a tribal organization,

enrolling students in kindergarten through grade 12, including

a preschool;

(B) is not a local educational agency; and

(C) is not directly administered by the Bureau of Indian

Affairs.

-SOURCE-

(Pub. L. 100-297, title V, Sec. 5212, as added Pub. L. 107-110,

title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2078.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in par. (4),

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.

This Act, referred to in par. (7), is Pub. L. 100-297 and

probably should be "this part", meaning part B of title V of Pub.

L. 100-297, known as the Tribally Controlled Schools Act of 1988,

which is classified generally to this chapter. For complete

classification of part B to the Code, see Short Title note set out

under section 2501 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2511, Pub. L. 100-297, title V, Sec. 5212, Apr.

28, 1988, 102 Stat. 394, defined terms, prior to repeal by Pub. L.

107-110, title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2063.

EFFECTIVE DATE

Section 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.

-FOOTNOTE-

(!1) See References in Text note below.

-End-