§ 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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Authority boundary: historical or unconfirmed source not current law verified.
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 Pages: Not recorded – Not recorded Passage SHA-256: 08074b0bfbf95036bc2ac0e4c64200d6f47408d274df4526c39eccfa34274e04 Retained source evidence SHA-256: 706518b5920a17cd3d83ce5067a3151baff01d4a753e236294af3430a1c7ed02
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).
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
**(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,
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 2005. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 2005. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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.