Legislación
US (United States) Code. Title 25. Chapter 22: Bureau of indian affairs programs
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25 USC CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS 01/06/03
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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.
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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.
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25 USC Sec. 2000 01/06/03
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TITLE 25 - INDIANS
CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS
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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.)
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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."
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25 USC Sec. 2001 01/06/03
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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
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(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-
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