**(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. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.], unless determined by the Secretary to be inherently Federal functions as defined in [section 2021(12
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Stable record: federal_law:legal_authorities:record_usc_cbfac897279ea597e6fcd2cd Source file: Laws/federal/codes/united-states-code/title-25/section-2006-bureau-of-indian-affairs-education-functions--84aafef429.md Pages: Not recorded – Not recorded Passage SHA-256: 7e27acc42a586ca493fe69e0d44e3e2668ffe9e69ed77a00033b856f36a1db5e Retained source evidence SHA-256: 9394feec25fe5db47516e4e181b3dc9bca5412619a183c13e0d69e0ac563fc87
Source location: Title 25, Chapter 22, § 2006; chapter-022-bureau-of-indian-affairs-programs.md
Stored source content
**(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. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.], unless determined by the Secretary to be inherently Federal functions as defined in [section 2021(12) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2021/12&num=0&edition=prelim).
**(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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2005/c&num=0&edition=prelim);
(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.
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
§ 2006. Bureau of Indian Affairs education func-
tions
(a) Formulation and establishment of policy and
procedure; supervision of programs and ex-
penditures
The Secretary shall vest in the Assistant Sec-
retary for Indian Affairs all functions with re-
spect 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 oper-
ations
(1) In general
Not later than 180 days after January 8, 2002,
the Director of the Office shall direct and su-
pervise the operations of all personnel directly
and substantially involved in the provision of
education program services by the Bureau, in-
cluding school or institution custodial or
maintenance personnel, and personnel respon-
sible for contracting, procurement, and fi-
nance functions connected with school oper-
ation programs.
(2) Transfers
The Assistant Secretary for Indian Affairs
shall, not later than 180 days after January 8,
2002, coordinate the transfer of functions re-
lating to procurements for, contracts of, oper-
ation 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 In-
dian Self-Determination and Education Assist-
ance Act [25 U.S.C. 5301 et seq.], unless deter-
mined by the Secretary to be inherently Federal
functions as defined in section 2021(12) of this
title.
(d)
**(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.