§ 2503. Composition of grants
(a) In general
The grant provided under this chapter to an
Indian tribe or tribal organization for any fiscal
year shall consist of—
(1) the total amount of funds allocated for
such fiscal year under sections 1127 and 1128 of
the Education Amendments of 1978 [25 U.S.C.
2007, 2008] with respect to the tribally con-
trolled schools eligible for assistance under
this chapter which are operated by such Indian
tribe or tribal organization, including, but not
limited to, funds provided under such sections,
or under any other provision of law, for trans-
portation costs;
(2) to the extent requested by such Indian
tribe or tribal organization, the total amount
of funds provided from operations and mainte-
nance accounts and, notwithstanding section
5324 of this title, or any other provision of law,
other facilities accounts for such schools for
such fiscal year (including but not limited to
those referenced under section 1126(d) of the
Education Amendments of 1978 [25 U.S.C.
2006(d)] or any other law); and
(3) the total amount of funds that are allo-
cated to such schools for such fiscal year
under—
(A) title I of the Elementary and Sec-
ondary Education Act of 1965 [20 U.S.C. 6301
et seq.];
(B) the Individuals with Disabilities Edu-
cation Act [20 U.S.C. 1400 et seq.]; and
(C) any other Federal education law, that
are allocated to such schools for such fiscal
year.1
(b) Special rules
(1) In general
(A) Applicability of certain laws
Funds allocated to a tribally controlled
school by reason of paragraph (1) or (2) of
subsection (a) shall be subject to the provi-
sions of this chapter and shall not be subject
to any additional restriction, priority, or
limitation that is imposed by the Bureau
with respect to funds
File SHA-256: 5710057162b206fbc860e08c9e5691b43c58dd5b6cb98bb7f2b9d832e136bb80. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_9dcb565d184d8225ebd87171 Source file: Laws/federal/codes/united-states-code-2024/title-25/section-2503-composition-of-grants--da06624a2d.md Pages: Not recorded – Not recorded Passage SHA-256: f2cba3b143d994ebc383e3c0e6213ce8327d50063193f61fffe7d85c02ef008a Retained source evidence SHA-256: 5710057162b206fbc860e08c9e5691b43c58dd5b6cb98bb7f2b9d832e136bb80
Page 487
TITLE 25—INDIANS
§ 2503
1 So in original. The words ‘‘, that are allocated to such
schools for such fiscal year’’ probably should not appear.
2 So in original. Probably should be ‘‘2502(a)(2)’’.
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.
§ 2502a. Retrocession or re-assumption of Indian
education funds
Beginning July 1, 2008, and thereafter, any
funds
(including
investments
and
interest
earned, except for construction funds) held by a
Public Law 100–297 grant or a Public Law 93–638
contract school shall, upon retrocession to or re-
assumption by the Bureau of Indian Education,
remain available to the Bureau of Indian Edu-
cation for a period of 5 years from the date of
retrocession or re-assumption for the benefit of
the programs approved for the school on October
1, 1995.
(Pub. L. 113–76, div. G, title I, § 110, Jan. 17, 2014,
128 Stat. 312.)
Editorial Notes
REFERENCES IN TEXT
Public Law 100–297, referred to in text, is Pub. L.
100–297, Apr. 28, 1988, 102 Stat. 130. For complete classi-
fication of this Act to the Code, see Short Title of 1988
Amendments note set out under section 6301 of Title 20,
Education, and Tables.
Public Law 93–638, referred to in text, 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.
CODIFICATION
Section was enacted as part of the Department of the
Interior, Environment, and Related Agencies Appro-
priations Act, 2014, and also as part of the Consolidated
Appropriations Act, 2014, and not as part of the Trib-
ally Controlled Schools Act of 1988 which comprises
this chapter.
§ 2503. Composition of grants
(a) In general
The grant provided under this chapter to an
Indian tribe or tribal organization for any fiscal
year shall consist of—
(1) the total amount of funds allocated for
such fiscal year under sections 1127 and 1128 of
the Education Amendments of 1978 [25 U.S.C.
2007, 2008] with respect to the tribally con-
trolled schools eligible for assistance under
this chapter which are operated by such Indian
tribe or tribal organization, including, but not
limited to, funds provided under such sections,
or under any other provision of law, for trans-
portation costs;
(2) to the extent requested by such Indian
tribe or tribal organization, the total amount
of funds provided from operations and mainte-
nance accounts and, notwithstanding section
5324 of this title, or any other provision of law,
other facilities accounts for such schools for
such fiscal year (including but not limited to
those referenced under section 1126(d) of the
Education Amendments of 1978 [25 U.S.C.
2006(d)] or any other law); and
(3) the total amount of funds that are allo-
cated to such schools for such fiscal year
under—
(A) title I of the Elementary and Sec-
ondary Education Act of 1965 [20 U.S.C. 6301
et seq.];
(B) the Individuals with Disabilities Edu-
cation Act [20 U.S.C. 1400 et seq.]; and
(C) any other Federal education law, that
are allocated to such schools for such fiscal
year.1
(b) Special rules
(1) In general
(A) Applicability of certain laws
Funds allocated to a tribally controlled
school by reason of paragraph (1) or (2) of
subsection (a) shall be subject to the provi-
sions of this chapter and shall not be subject
to any additional restriction, priority, or
limitation that is imposed by the Bureau
with respect to funds provided under—
(i) title I of the Elementary and Sec-
ondary Education Act of 1965 [20 U.S.C.
6301 et seq.];
(ii) the Individuals with Disabilities Edu-
cation Act [20 U.S.C. 1400 et seq.]; or
(iii) any Federal education law other
than title XI of the Education Amend-
ments of 1978 [25 U.S.C. 2000 et seq.].
(B) Applicability of Bureau provisions
Indian tribes and tribal organizations to
which grants are provided under this chap-
ter, and tribally controlled schools for which
such grants are provided, shall not be sub-
ject to any requirements, obligations, re-
strictions, or limitations imposed by the Bu-
reau that would otherwise apply solely by
reason of the receipt of funds provided under
any law referred to in clause (i), (ii), or (iii)
of subparagraph (A).
(2) Schools considered contract schools
Tribally controlled schools for which grants
are provided under this chapter shall be treat-
ed as contract schools for the purposes of allo-
cation of funds under sections 1126(e), 1127, and
1128 of the Education Amendments of 1978 [25
U.S.C. 2006(e), 2007, 2008].
(3) Schools considered Bureau schools
Tribally controlled schools for which grants
are provided under this chapter shall be treat-
ed as Bureau schools for the purposes of allo-
cation of funds provided under—
(A) title I of the Elementary and Sec-
ondary Education Act of 1965 [20 U.S.C. 6301
et seq.];
(B) the Individuals with Disabilities Edu-
cation Act [20 U.S.C. 1400 et seq.]; and
(C) any other Federal education law, that
are distributed through the Bureau.
(4) Accounts; use of certain funds
(A) Separate account
(i) In general
Notwithstanding section 2503(a)(2) 2
of
this title, with respect to funds from fa-
Page 488
TITLE 25—INDIANS
§ 2503
3 So in original. Probably should be ‘‘2502(a)’’.
4 See References in Text note below.
5 So in original. Probably should be ‘‘2507(e)’’.
6 So in original. Probably should be ‘‘tribe’s’’.
cilities improvement and repair, alteration
and renovation (major or minor), health
and safety, or new construction accounts
included in the grant provided under sec-
tion 2503(a) 3 of this title, the grant recipi-
ent shall maintain a separate account for
such funds.
(ii) Submission of accounting
At the end of the period designated for
the work covered by the funds received,
the grant recipient shall submit to the
Secretary a separate accounting of the
work done and the funds expended.
(iii) Use of funds
Funds received from those accounts may
only be used for the purpose for which the
funds were appropriated and for the work
encompassed by the application or submis-
sion for which the funds were received.
(iv) Completion of project
Upon completion of a project for which a
separate account is established under this
paragraph, the portion of the grant related
to such project may be closed out upon
agreement by the grantee and the Sec-
retary.
(B) Requirements for projects
(i) Regulatory requirements
With respect to a grant to a tribally con-
trolled school under this chapter for new
construction or facilities improvements
and repair in excess of $100,000, such grant
shall be subject to the Administrative and
Audit Requirements and Cost Principles
for Assistance Programs contained in part
12 of title 43, Code of Federal Regulations.
(ii) Exception
Notwithstanding clause (i), grants de-
scribed in such clause shall not be subject
to section 12.61 of title 43, Code of Federal
Regulations. The Secretary and the grant-
ee shall negotiate and determine a sched-
ule of payments for the work to be per-
formed.
(iii) Applications
In considering applications for a grant
described in clause (i), the Secretary shall
consider whether the Indian tribe or tribal
organization involved would be deficient in
ensuring that the construction projects
under the proposed grant conform to appli-
cable building standards and codes and
Federal, tribal, or State health and safety
standards as required under section 1124 of
the Education Amendments of 1978 (25
U.S.C. 2005(a)) 4 with respect to organiza-
tional and financial management capabili-
ties.
(iv) Disputes
Any disputes between the Secretary and
any grantee concerning a grant described
in clause (i) shall be subject to the dispute
provisions contained in section 2508(e) 5 of
this title.
(C) New construction
Notwithstanding
subparagraph
(A),
a
school receiving a grant under this chapter
for facilities improvement and repair may
use such grant funds for new construction if
the tribal governing body or tribal organiza-
tion that submits the application for the
grant provides funding for the new construc-
tion equal to at least 25 percent of the total
cost of such new construction.
(D) Period
In a case in which the appropriations
measure under which the funds described in
subparagraph (A) are made available or the
application submitted for the funds does not
stipulate a period for the work covered by
the funds, the Secretary and the grant re-
cipient shall consult and determine such a
period prior to the transfer of the funds. A
period so determined may be extended upon
mutual agreement of the Secretary and the
grant recipient.
(5) Enforcement of request to include funds
(A) In general
If the Secretary fails to carry out a re-
quest filed by an Indian tribe or tribal orga-
nization to include in such tribe 6 or organi-
zation’s grant under this chapter the funds
described in subsection (a)(2) within 180 days
after the filing of the request, the Secretary
shall—
(i) be deemed to have approved such re-
quest; and
(ii) immediately upon the expiration of
such 180-day period amend the grant ac-
cordingly.
(B) Rights
A tribe or organization described in sub-
paragraph (A) may enforce its rights under
subsection (a)(2) and this paragraph, includ-
ing rights relating to any denial or failure to
act on such tribe’s or organization’s request,
pursuant to the dispute authority described
in section 2508(e) 5 of this title.
(Pub. L. 100–297, title V, § 5204, as added Pub. L.
107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2066.)
Editorial Notes
REFERENCES IN TEXT
The Elementary and Secondary Education Act of
1965, referred to in subsecs. (a)(3)(A) and (b)(1)(A)(i),
(3)(A), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Title I
of the Act is classified generally to subchapter I (§ 6301
et seq.) of chapter 70 of Title 20, Education. For com-
plete classification of this Act to the Code, see Short
Title note set out under section 6301 of Title 20 and Ta-
bles.
The Individuals with Disabilities Education Act, re-
ferred to in subsecs. (a)(3)(B) and (b)(1)(A)(ii), (3)(B), is
title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175,
which is classified generally to chapter 33 (§ 1400 et seq.)
of Title 20, Education. For complete classification of
this Act to the Code, see section 1400 of Title 20 and Ta-
bles.
The Education Amendments of 1978, referred to in
subsec. (b)(1)(A)(iii), is Pub. L. 95–561, Nov. 1, 1978, 92
Stat. 2143. Title XI of the Act is classified principally
Page 489
TITLE 25—INDIANS
§ 2504
to chapter 22 (§ 2000 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 6301 of Title 20, Education,
and Tables.
Section 1124 of the Education Amendments of 1978 (25
U.S.C. 2005(a)), referred to in subsec. (b)(4)(B)(iii), prob-
ably should be section 1125 of the Education Amend-
ments of 1978, Pub. L. 95–561, which is classified to sec-
tion 2005 of this title and requires, in subsec. (b), com-
pliance with health and safety standards. Section 1124
of Pub. L. 95–561, which is classified to section 2004 of
this title, relates to school boundaries.
PRIOR PROVISIONS
A prior section 2503, Pub. L. 100–297, title V, § 5204,
Apr. 28, 1988, 102 Stat. 386; Pub. L. 100–427, § 10(a), (b),
Sept. 9, 1988, 102 Stat. 1607; Pub. L. 102–119, § 26(f), Oct.
7, 1991, 105 Stat. 607; Pub. L. 103–382, title III, § 394(m)(1),
Oct. 20, 1994, 108 Stat. 4029, authorized grants, prior to
repeal by Pub. L. 107–110, title X, § 1043, Jan. 8, 2002, 115
Stat. 2063. See section 2502 of this title.
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.
§ 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 this subsection if—
(A) the Indian tribe or tribal organization
that operates, or desires to operate, the
school submits to the Secretary an applica-
tion 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 oper-
ation of the school to the Indian tribe or
tribal organization; and
(ii) whether the school is eligible for as-
sistance 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 al-
ready operating the school; and
(ii) shall determine that the school is eli-
gible for assistance under this chapter, un-
less the Secretary finds by clear and con-
vincing evidence that the services to be
provided by the Indian tribe or tribal orga-
nization 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 proce-
dures;
(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 Amend-
ments of 1978 [25 U.S.C. 2000 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 applica-
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) Short title** This chapter may be cited as the “Individuals with Disabilities Education Act”.
**(b) Omitted**
**(c) Findings** Congress finds the following:
(1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.
(2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because—
(A) the children did not receive appropriate educational services;
(B) the children were excluded entirely from the public school system and from being educated with their peers;
(C) undiagnosed disabilities prevented the children from having a successful educational experience; or
(D) a lack of adequate resources within the public school system forced families to find services outside the public school system.
(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities.
(4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities.
(5) Almost 30 years of research and experience has
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1400. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1400. Short title; findings; purposes
(a) Short title
This chapter may be cited as the ‘‘Individuals
with Disabilities Education Act’’.
(b) Omitted
(c) Findings
Congress finds the following:
(1) Disability is a natural part of the human
experience and in no way diminishes the right
of individuals to participate in or contribute
to society. Improving educational results for
children with disabilities is an essential ele-
ment of our national policy of ensuring equal-
Page 928
TITLE 20—EDUCATION
§ 1400
ity of opportunity, full participation, inde-
pendent living, and economic self-sufficiency
for individuals with disabilities.
(2) Before the date of enactment of the Edu-
cation for All Handicapped Children Act of
1975 (Public Law 94–142), the educational needs
of millions of children with disabilities were
not being fully met because—
(A) the children did not receive appro-
priate educational services;
(B) the children were excluded entirely
from the public school system and from
being educated with their peers;
(C) undiagnosed disabilities prevented the
children from having a successful edu-
cational experience; or
(D) a lack of adequate resources within the
public school system forced families to find
services outside the public school system.
(3) Since the enactment and implementation
of the Education for All Handicapped Children
Act of 1975, this chapter has been successful in
ensuring children with disabilities and the
families of such children access to a free ap-
propriate public education and in improving
educational results for children with disabil-
ities.
(4) However, the implementation of this
chapter has been impeded by low expectations,
and
an
insufficient
focus
on
applying
replicable research on proven methods of
t
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1400. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process.
**(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 6301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 6301. Statement of purpose
The purpose of this subchapter is to provide
all children significant opportunity to receive a
fair, equitable, and high-quality education, and
to close educational achievement gaps.
(Pub. L. 89–10, title I, § 1001, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1439;
amended Pub. L. 114–95, title I, § 1001, Dec. 10,
2015, 129 Stat. 1814.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6301, Pub. L. 89–10, title I, § 1001, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3519, declared policy and stated purpose of this sub-
chapter, prior to the general amendment of this sub-
chapter by Pub. L. 107–110.
A prior section 1001 of Pub. L. 89–10 was classified to
section 2701 of this title, prior to the general amend-
ment of Pub. L. 89–10 by Pub. L. 103–382.
Another prior section 1001 of Pub. L. 89–10 was renum-
bered section 9001 and was classified to section 3381 of
this title, prior to the general amendment of Pub. L.
89–10 by Pub. L. 103–382.
AMENDMENTS
2015—Pub. L. 114–95 amended section generally. Prior
to amendment, section set forth purpose of subchapter
and included provisions relating to how this purpose
could be accomplished.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Pub. L. 114–95, § 5, Dec. 10, 2015, 129 Stat. 1806, provided
that:
‘‘(a) IN GENERAL.—Except as otherwise provided in
this Act [see Tables for classification], or an amend-
ment made by this Act, this Act, and the amendments
made by this Act, shall be effective upon the date of en-
actment of this Act [Dec. 10, 2015].
‘‘(b) NONCOMPETITIVE
PROGRAMS.—With respect to
noncompetitive programs under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq)
and
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 6301. This identifies an authority to review, not proof of applicability.
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
**(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
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 2006. This identifies an authority to review, not proof of applicability.
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)
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 2006. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Factors considered; revision to reflect standards**
(1) **Formula** — The Secretary shall establish, by regulation adopted in accordance with [section 2017 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2017&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2001&num=0&edition=prelim); and
(E) such other relevant factors as the Secretary determin
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 2007. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 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
und
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 2007. This identifies an authority to review, not proof of applicability.