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25 U.S.C. § 2006 — Bureau of Indian Affairs education func-

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25 U.S.C. § 2006 — Bureau of Indian Affairs education func-

§ 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)

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Stable record: federal_law:legal_authorities:uscode2024_06c753aa050d58de382a379a
Source file: Laws/federal/codes/united-states-code-2024/title-25/section-2006-bureau-of-indian-affairs-education-func--5e1bd354f8.md
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Page 409 TITLE 25—INDIANS § 2006 after 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’’. § 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) Evaluation of programs; services and support functions; technical and coordinating assist- ance Education personnel who are under the direc- tion 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 per- sonnel matters involving staffing actions and functions; and (3) provide technical and coordinating assist- ance in areas such as procurement, con- tracting, budgeting, personnel, curriculum, and operation and maintenance of school fa- cilities. (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 ap- propriated 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-fund- ed schools; (iii) a notice of an allocation of appro- priated funds from the Director of the Of- fice of Indian Education Programs directly to the education line officers and appro- priate 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 con- duct 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 re- ceive 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 mainte- nance of education facilities with the local supervisors of the Bureau maintenance per- sonnel. The local supervisors of Bureau maintenance personnel shall take appro- priate action to implement the decisions made by the appropriate education line offi- cers, except that no funds under this chapter may be authorized for expenditure unless such appropriate education line officer is as- sured 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 adminis- tration of mechanisms for the acceptance of gifts and bequests for the use and benefit of Page 410 TITLE 25—INDIANS § 2007 particular schools or designated Bureau-oper- ated education programs, including, in appro- priate cases, the establishment and adminis- tration 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 be- quest, 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. (Pub. L. 95–561, title XI, § 1126, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2026.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c), means Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143, known as the Edu- cation Amendments of 1978. For complete classification of this Act to the Code, see Short Title of 1978 Amend- ment note set out under section 6301 of Title 20, Edu- cation, and Tables. The Indian Self-Determination and Education Assist- ance Act, referred to in subsec. (c), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. PRIOR PROVISIONS A prior section 2006, Pub. L. 95–561, title XI, § 1126, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 3988, related to Bureau of Indian Affairs education functions, prior to the general amendment of this chap- ter by Pub. L. 107–110. Another prior section 2006, Pub. L. 95–561, title XI, § 1126, Nov. 1, 1978, 92 Stat. 2319; Pub. L. 96–46, § 2(b)(6), Aug. 6, 1979, 93 Stat. 341; Pub. L. 98–511, title V, § 504, Oct. 19, 1984, 98 Stat. 2393; Pub. L. 99–89, § 4, Aug. 15, 1985, 99 Stat. 381; Pub. L. 100–427, § 1(c)(3), Sept. 9, 1988, 102 Stat. 1603, related to Bureau of Indian Affairs edu- cation functions, prior to the general amendment of this chapter by Pub. L. 103–382. 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. § 2007. Allotment formula (a) Factors considered; revision to reflect stand- ards (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, trans- portation, or educational programs; (iii) food and housing costs; (iv) maintenance and repair costs associ- ated 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 nec- essary by a tribal governing body or des- ignated 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 pro- vided by public schools in the State in which the school is located; (D) whether the available funding will en- able 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 Sec- retary determines are appropriate. (2) Revision of formula (A) In general Upon the establishment of the standards required in section 2002 of this title, the Sec- retary 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 Sec- retary 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 (dor- mitory) schools and other Bureau-operated residential facilities. (C) Review of standards Concurrent with such action, the Sec- retary 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 al- lotted pro rata in accordance with the formula established under subsection (a).

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2005 — Facilities construction

**(a) National survey of facilities conditions** (1) **In general** — Not later than 12 months after January 8, 2002, the Government Accountability 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 Government Accountability 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 Government Accountability 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 Government Accountability Office and shall respond to such requests in a timely fashion. (4) **Submission** — Not later than 2 years after January 8, 2002, the Government Accountability Office shall submit the results of the national survey conducted under paragraph (1) to the Committee on Indian Affairs, the Committee on Health,

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2005 — Facilities construction

§ 2005. Facilities construction (a) National survey of facilities conditions (1) In general Not later than 12 months after January 8, 2002, the Government Accountability 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 Government Account- ability 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 facili- ties. (B) Data related to conditions of Bureau- funded schools that has previously been compiled, collected, or secured from what- ever source derived so long as the data are accurate, relevant, timely, and necessary to the survey. (C) The methodologies of the American In- stitute 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 Government Account- ability Office shall, to the maximum extent practicable, consult (and if necessary con- tract) with national, regional, and tribal In- dian 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 Government Accountability Office and shall respond to such requests in a timely fashion. (4) Submission Not later than 2 years after January 8, 2002, the Government Accountability Office shall submit the results of the national survey con- ducted under paragraph (1) to the Committee on Indi

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2006 — Bureau of Indian Affairs education functions

**(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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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5301 — Application of other sections of this chapter

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5301 — Congressional statement of findings

§ 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

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