**(a) Rules**
(1) **In general** — A tribally controlled school is eligible for assistance under this chapter if the school—
(A) on April 28, 1988, was a contract school under title XI of the Education Amendments of 1978 [[25 U.S.C. 2000](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2000&num=0&edition=prelim) et seq.] and the tribe or tribal organization operating the school submits to the Secretary a written notice of election to receive a grant under this chapter;
(B) was a Bureau-operated school under title XI of the Education Amendments of 1978 [[25 U.S.C. 2000](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2000&num=0&edition=prelim) et seq.] and has met the requirements of subsection (b);
(C) is a school for which the Bureau has not provided funds, but which has met the requirements of subsection (c); or
(D) is a school with respect to which an election has been made under paragraph (2) and which has met the requirements of subsection (b).
(2) **New schools** — Any application which has been submitted under the Indian Self-Determination and Education Assistance Act [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.] by an Indian tribe for a school which is not in operation on January 8, 2002, shall be reviewed under the guidelines and regulations for applications submitted under the Indian Self-Determination and Education Assistance Act that were in effect at the time the application was submitted, unless the Indian tribe or tribal organization elects to have the application reviewed under the provisions of subsection (b).
**(b) Additional requirements for Bureau-funded schools and certain electing schools**
(1)
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Stable record: federal_law:legal_authorities:record_usc_c85250d25260c5735f66d67d Source file: Laws/federal/codes/united-states-code/title-25/section-2504-eligibility-for-grants--68424852b8.md Pages: Not recorded – Not recorded Passage SHA-256: 36dc44451c7c209269f7ac408d4c9d63403eef1ad6e12791eeb78d95b4b7f492 Retained source evidence SHA-256: 8d79baffc619656e6f5fdeb6b96b7f30aee3da8ee7aa5fd9a1350811f369001b
Source location: Title 25, Chapter 27, § 2504; chapter-027-tribally-controlled-school-grants.md
Stored source content
**(a) Rules**
(1) **In general** — A tribally controlled school is eligible for assistance under this chapter if the school—
(A) on April 28, 1988, was a contract school under title XI of the Education Amendments of 1978 [[25 U.S.C. 2000](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2000&num=0&edition=prelim) et seq.] and the tribe or tribal organization operating the school submits to the Secretary a written notice of election to receive a grant under this chapter;
(B) was a Bureau-operated school under title XI of the Education Amendments of 1978 [[25 U.S.C. 2000](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2000&num=0&edition=prelim) et seq.] and has met the requirements of subsection (b);
(C) is a school for which the Bureau has not provided funds, but which has met the requirements of subsection (c); or
(D) is a school with respect to which an election has been made under paragraph (2) and which has met the requirements of subsection (b).
(2) **New schools** — Any application which has been submitted under the Indian Self-Determination and Education Assistance Act [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.] by an Indian tribe for a school which is not in operation on January 8, 2002, shall be reviewed under the guidelines and regulations for applications submitted under the Indian Self-Determination and Education Assistance Act that were in effect at the time the application was submitted, unless the Indian tribe or tribal organization elects to have the application reviewed under the provisions of subsection (b).
**(b) Additional requirements for Bureau-funded schools and certain electing schools**
(1) **Bureau-funded schools** — A school that was a Bureau-funded school under title XI of the Education Amendments of 1978 [[25 U.S.C. 2000](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2000&num=0&edition=prelim) et seq.] on January 8, 2002, and any school with respect to which an election is made under subsection (a)(2), meets the requirements of this subsection if—
(A) the Indian tribe or tribal organization that operates, or desires to operate, the school submits to the Secretary an application requesting that the Secretary—
(i) transfer operation of the school to the Indian tribe or tribal organization, if the Indian tribe or tribal organization is not already operating the school; and
(ii) make a determination as to whether the school is eligible for assistance under this chapter; and
(B) the Secretary makes a determination that the school is eligible for assistance under this chapter.
(2) **Certain electing schools**
(A) *In general* — By not later than the date that is 120 days after the date on which an application is submitted to the Secretary under paragraph (1)(A), the Secretary shall determine—
(i) in the case of a school which is not being operated by the Indian tribe or tribal organization, whether to transfer operation of the school to the Indian tribe or tribal organization; and
(ii) whether the school is eligible for assistance under this chapter.
(B) *Other determinations* — In considering applications submitted under paragraph (1)(A), the Secretary—
(i) shall transfer operation of the school to the Indian tribe or tribal organization, if the tribe or tribal organization is not already operating the school; and
(ii) shall determine that the school is eligible for assistance under this chapter, unless the Secretary finds by clear and convincing evidence that the services to be provided by the Indian tribe or tribal organization will be deleterious to the welfare of the Indians served by the school.
(C) *Considerations* — In considering applications submitted under paragraph (1)(A), the Secretary shall consider whether the Indian tribe or tribal organization would be deficient in operating the school with respect to—
(i) equipment;
(ii) bookkeeping and accounting procedures;
(iii) ability to adequately manage a school; or
(iv) adequately trained personnel.
**(c) Additional requirements for a school which is not a Bureau-funded school**
(1) **In general** — A school which is not a Bureau-funded school under title XI of the Education Amendments of 1978 [[25 U.S.C. 2000](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2000&num=0&edition=prelim) et seq.] meets the requirements of this subsection if—
(A) the Indian tribe or tribal organization that operates, or desires to operate, the school submits to the Secretary an application requesting a determination by the Secretary as to whether the school is eligible for assistance under this chapter; and
(B) the Secretary makes a determination that a school is eligible for assistance under this chapter.
(2) **Deadline for determination by Secretary**
(A) *In general* — By not later than the date that is 180 days after the date on which an application is submitted to the Secretary under paragraph (1)(A), the Secretary shall determine whether the school is eligible for assistance under this chapter.
(B) *Considerations* — In making the determination under subparagraph (A), the Secretary shall give equal consideration to each of the following factors:
(i) With respect to the applicant’s proposal—
(I) the adequacy of facilities or the potential to obtain or provide adequate facilities;
(II) geographic and demographic factors in the affected areas;
(III) adequacy of the applicant’s program plans;
(IV) geographic proximity of comparable public education; and
(V) the needs as expressed by all affected parties, including but not limited to students, families, tribal governments at both the central and local levels, and school organizations.
(ii) With respect to all education services already available—
(I) geographic and demographic factors in the affected areas;
(II) adequacy and comparability of programs already available;
(III) consistency of available programs with tribal education codes or tribal legislation on education; and
(IV) the history and success of these services for the proposed population to be served, as determined from all factors including, if relevant, standardized examination performance.
(C) *Geographic proximity* — The Secretary may not make a determination under this paragraph that is primarily based upon the geographic proximity of comparable public education.
(D) *Other information* — Applications submitted under paragraph (1)(A) shall include information on the factors described in subparagraph (B)(i), but the applicant may also provide the Secretary such information relative to the factors described in subparagraph (B)(ii) as the applicant considers appropriate.
(E) *Deadline* — If the Secretary fails to make a determination under subparagraph (A) with respect to an application within 180 days after the date on which the Secretary received the application, the Secretary shall be treated as having made a determination that the tribally controlled school is eligible for assistance under the title 11 See References in Text note below. and the grant shall become effective 18 months after the date on which the Secretary received the application, or on an earlier date, at the Secretary’s discretion.
**(d) Filing of applications and reports**
(1) **In general** — All applications and reports submitted to the Secretary under this chapter, and any amendments to such applications or reports, shall be filed with the education line officer designated by the Director of the Office of Indian Education Programs of the Bureau of Indian Affairs. The date on which such filing occurs shall, for purposes of this chapter, be treated as the date on which the application or amendment was submitted to the Secretary.
(2) **Supporting documentation** — Any application that is submitted under this chapter shall be accompanied by a document indicating the action taken by the tribal governing body in authorizing such application.
**(e) Effective date for approved applications** Except as provided by subsection (c)(2)(E), a grant provided under this chapter, and any transfer of the operation of a Bureau school made under subsection (b), shall become effective beginning the academic year succeeding the fiscal year in which the application for the grant or transfer is made, or at an earlier date determined by the Secretary.
**(f) Denial of applications**
(1) **In general** — Whenever the Secretary refuses to approve a grant under this chapter, to transfer operation of a Bureau school under subsection (b), or determines that a school is not eligible for assistance under this chapter, the Secretary shall—
(A) state the objections in writing to the tribe or tribal organization within the allotted time;
(B) provide assistance to the tribe or tribal organization to overcome all stated objections;
(C) at the request of the tribe or tribal organization, provide the tribe or tribal organization a hearing on the record under the same rules and regulations that apply under the Indian Self-Determination and Education Assistance Act [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.]; and
(D) provide an opportunity to appeal the objection raised.
(2) **Timeline for reconsideration of amended applications** — The Secretary shall reconsider any amended application submitted under this chapter within 60 days after the amended application is submitted to the Secretary.
**(g) Report** The Bureau shall submit an annual report to the Congress on all applications received, and actions taken (including the costs associated with such actions), under this section at the same time that the President is required to submit to Congress the budget under [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim).
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
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.
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 2000. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2000. Declaration of policy
Congress declares that the Federal Govern-
ment has the sole responsibility for the oper-
ation and financial support of the Bureau of In-
dian Affairs funded school system that it has es-
tablished on or near Indian reservations and In-
dian trust lands throughout the Nation for In-
dian 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 oper-
ation and financial support of the Bureau of In-
dian Affairs-funded school system to work in
full cooperation with tribes toward the goal of
ensuring that the programs of the Bureau of In-
dian Affairs-funded school system are of the
highest quality and provide for the basic ele-
mentary and secondary educational needs of In-
dian children, including meeting the unique edu-
cational and cultural needs of those children.
(Pub. L. 95–561, title XI, § 1120, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2007.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 8, 2002, except with respect to
certain noncompetitive programs and competitive pro-
grams, 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, § 1041, Jan. 8, 2002, 115 Stat.
2007, provided that: ‘‘This part [part D (§§ 1041–1045) of
title X of Pub. L. 107–110, enacting this chapter and sec-
tions 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 Edu-
cation Improvement Act of 2001’.’’
SHORT TITLE OF 1988 A
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 2000. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2504. Eligibility for grants
(a) Rules
(1) In general
A tribally controlled school is eligible for as-
sistance under this chapter if the school—
(A) on April 28, 1988, was a contract school
under title XI of the Education Amendments
of 1978 [25 U.S.C. 2000 et seq.] and the tribe or
tribal organization operating the school sub-
mits to the Secretary a written notice of
election to receive a grant under this chap-
ter;
(B) was a Bureau-operated school under
title XI of the Education Amendments of
1978 [25 U.S.C. 2000 et seq.] and has met the
requirements of subsection (b);
(C) is a school for which the Bureau has
not provided funds, but which has met the
requirements of subsection (c); or
(D) is a school with respect to which an
election has been made under paragraph (2)
and which has met the requirements of sub-
section (b).
(2) New schools
Any application which has been submitted
under the Indian Self-Determination and Edu-
cation Assistance Act [25 U.S.C. 5301 et seq.]
by an Indian tribe for a school which is not in
operation on January 8, 2002, shall be reviewed
under the guidelines and regulations for appli-
cations submitted under the Indian Self-Deter-
mination and Education Assistance Act that
were in effect at the time the application was
submitted, unless the Indian tribe or tribal or-
ganization elects to have the application re-
viewed under the provisions of subsection (b).
(b) Additional requirements for Bureau-funded
schools and certain electing schools
(1) Bureau-funded schools
A school that was a Bureau-funded school
under title XI of the Education Amendments
of 1978 [25 U.S.C. 2000 et seq.] on January 8,
2002, and any school with respect to which an
election is made under subsection (a)(2), meets
the requirements of
**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
**(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 5301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 5301. Congressional statement of findings
(a) Findings respecting historical and special
legal relationship, and resultant responsibil-
ities
The Congress, after careful review of the Fed-
eral Government’s historical and special legal
relationship with, and resulting responsibilities
to, American Indian people, finds that—
(1) the prolonged Federal domination of In-
dian service programs has served to retard
rather than enhance the progress of Indian
people and their communities by depriving In-
dians of the full opportunity to develop leader-
ship skills crucial to the realization of self-
government, and has denied to the Indian peo-
ple an effective voice in the planning and im-
plementation of programs for the benefit of In-
dians which are responsive to the true needs of
Indian communities; and
(2) the Indian people will never surrender
their desire to control their relationships both
among themselves and with non-Indian gov-
ernments, organizations, and persons.
(b) Further findings
The Congress further finds that—
(1) true self-determination in any society of
people is dependent upon an educational proc-
ess which will insure the development of quali-
fied people to fulfill meaningful leadership
roles;
(2) the Federal responsibility for and assist-
ance to education of Indian children has not
Page 710
TITLE 25—INDIANS
§ 5301
effected the desired level of educational
achievement or created the diverse opportuni-
ties and personal satisfaction which education
can and should provide; and
(3) parental and community control of the
educational process is of crucial importance to
the Indian people.
(Pub. L. 93–638, § 2, Jan. 4, 1975, 88 Stat. 2203.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 450 of this
title p
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 5301. This identifies an authority to review, not proof of applicability.