-CITE-
    25 USC CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-
              CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS          

-MISC1-
    Sec.                                                     
    2501.       Declaration of policy.                                
    2502.       Grants authorized.                                    
    2503.       Composition of grants.                                
    2504.       Eligibility for grants.                               
    2505.       Duration of eligibility determination.                
    2506.       Payment of grants; investment of funds.               
    2507.       Application with respect to Indian Self-Determination
                 and Education Assistance Act.                        
    2508.       Role of the Director.                                 
    2509.       Regulations.                                          
    2510.       The tribally controlled grant school endowment
                 program.                                             
    2511.       Definitions.                                          

-End-



-CITE-
    25 USC Sec. 2501                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-
    Sec. 2501. Declaration of policy

-STATUTE-
    (a) Recognition
      Congress recognizes that the Indian Self-Determination and
    Education Assistance Act [25 U.S.C. 450 et seq.], which was a
    product of the legitimate aspirations and a recognition of the
    inherent authority of Indian nations, was and is a crucial positive
    step toward tribal and community control and that the United States
    has an obligation to assure maximum Indian participation in the
    direction of educational services so as to render the persons
    administering such services and the services themselves more
    responsive to the needs and desires of Indian communities.
    (b) Commitment
      Congress declares its commitment to the maintenance of the
    Federal Government's unique and continuing trust relationship with
    and responsibility to the Indian people for the education of Indian
    children through the establishment of a meaningful Indian self-
    determination policy for education that will deter further
    perpetuation of Federal bureaucratic domination of programs.
    (c) National goal
      Congress declares that a national goal of the United States is to
    provide the resources, processes, and structure that will enable
    tribes and local communities to obtain the quantity and quality of
    educational services and opportunities that will permit Indian
    children - 
        (1) to compete and excel in areas of their choice; and
        (2) to achieve the measure of self-determination essential to
      their social and economic well-being.
    (d) Educational needs
      Congress affirms - 
        (1) true self-determination in any society of people is
      dependent upon an educational process that will ensure the
      development of qualified people to fulfill meaningful leadership
      roles;
        (2) that Indian people have special and unique educational
      needs, including the need for programs to meet the linguistic and
      cultural aspirations of Indian tribes and communities; and
        (3) that those needs may best be met through a grant process.
    (e) Federal relations
      Congress declares a commitment to the policies described in this
    section and support, to the full extent of congressional
    responsibility, for Federal relations with the Indian nations.
    (f) Termination
      Congress repudiates and rejects House Concurrent Resolution 108
    of the 83d Congress and any policy of unilateral termination of
    Federal relations with any Indian nation.

-SOURCE-
    (Pub. L. 100-297, title V, Sec. 5202, as added Pub. L. 107-110,
    title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2063.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Self-Determination and Education Assistance Act,
    referred to in subsec. (a), is Pub. L. 93-638, Jan. 4, 1975, 88
    Stat. 2203, as amended, which is classified principally to
    subchapter II (Sec. 450 et seq.) of chapter 14 of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 450 of this title and Tables.
      House Concurrent Resolution 108 of the 83rd Congress, referred to
    in subsec. (f), is H. Con. Res. 108, Eighty-third Congress, Aug. 1,
    1953, 67 Stat. B132, which is not classified to the Code.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2501, Pub. L. 100-297, title V, Sec. 5202, Apr.
    28, 1988, 102 Stat. 385, set forth findings, prior to repeal by
    Pub. L. 107-110, title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2063.

                              EFFECTIVE DATE                          
      Section effective Jan. 8, 2002, except with respect to certain
    noncompetitive programs and competitive programs, see section 5 of
    Pub. L. 107-110, set out as a note under section 6301 of Title 20,
    Education.

                                SHORT TITLE                            
      Section 5201 of Pub. L. 100-297 provided that: "This part [part B
    (Secs. 5201-5212) of title V of Pub. L. 100-297, enacting this
    chapter] may be cited as the 'Tribally Controlled Schools Act of
    1988'."

             TRIBAL SCHOOL CONSTRUCTION DEMONSTRATION PROGRAM         
      Pub. L. 108-7, div. F, title I, Sec. 122, Feb. 20, 2003, 117
    Stat. 241, as amended by Pub. L. 108-108, title I, Sec. 136(a),
    Nov. 10, 2003, 117 Stat. 1270, provided that:
      "(a) Definitions. - In this section:
        "(1) Construction. - The term 'construction', with respect to a
      tribally controlled school, includes the construction or
      renovation of that school.
        "(2) Indian tribe. - The term 'Indian tribe' has the meaning
      given that term in section 4(e) of the Indian Self-Determination
      and Education Assistance Act (25 U.S.C. 450b(e)).
        "(3) Secretary. - The term 'Secretary' means the Secretary of
      the Interior.
        "(4) Tribally controlled school. - The term 'tribally
      controlled school' means a school that currently receives a grant
      under the Tribally Controlled Schools Act of 1988, as amended (25
      U.S.C. 2501 et seq.) or is determined by the Secretary to meet
      the eligibility criteria of section 5205 of the Tribally
      Controlled Schools Act of 1988, as amended (25 U.S.C. 2504).
        "(5) Department. - The term 'Department' means the Department
      of the Interior.
        "(6) Demonstration program. - The term 'demonstration program'
      means the Tribal School Construction Demonstration Program.
      "(b) In General. - The Secretary shall carry out a demonstration
    program for fiscal years 2003 through 2007 to provide grants to
    Indian tribes for the construction of tribally controlled schools.
        "(1) In general. - Subject to the availability of
      appropriations, in carrying out the demonstration program under
      subsection (b), the Secretary shall award a grant to each Indian
      tribe that submits an application that is approved by the
      Secretary under paragraph (2). The Secretary shall ensure that
      applications for funding to replace schools currently receiving
      funding for facility operation and maintenance from the Bureau of
      Indian Affairs receive the highest priority for grants under this
      section. Among such applications, the Secretary shall give
      priority to applications of Indian tribes that agree to fund all
      future facility operation and maintenance costs of the tribally
      controlled school funded under the demonstration program from
      other than Federal funds.
        "(2) Grant applications. - An application for a grant under the
      section shall - 
          "(A) include a proposal for the construction of a tribally
        controlled school of the Indian tribe that submits the
        application; and
          "(B) be in such form as the Secretary determines appropriate.
        "(3) Grant agreement. - As a condition to receiving a grant
      under this section, the Indian tribe shall enter into an
      agreement with the Secretary that specifies - 
          "(A) the costs of construction under the grant;
          "(B) that the Indian tribe shall be required to contribute
        towards the cost of the construction a tribal share equal to 50
        percent of the costs; and
          "(C) any other term or condition that the Secretary
        determines to be appropriate.
        "(4) Eligibility. - Grants awarded under the demonstration
      program shall be used only for construction or replacement of a
      tribally controlled school.
      "(c) Effect of Grant. - (1) Except as provided in paragraph (2)
    of this subsection, A [sic] grant received under this section shall
    be in addition to any other funds received by an Indian tribe under
    any other provision of law. The receipt of a grant under this
    section shall not affect the eligibility of an Indian tribe
    receiving funding, or the amount of funding received by the Indian
    tribe, under the Tribally Controlled Schools Act of 1988 (25 U.S.C.
    2501 et seq.) or the Indian Self-Determination and Education
    Assistance Act (25 U.S.C. 450 et seq.).
      "(2) A tribe receiving a grant for construction of a tribally
    controlled school under this section shall not be eligible to
    receive funding from the Bureau of Indian Affairs for that school
    for education operations or facility operation and maintenance if
    the school that was not at the time of the grant: (i) a school
    receiving funding for education operations or facility operation
    and maintenance under the Tribally Controlled Schools Act [25
    U.S.C. 2501 et seq.] or the Indian Self-Determination and Education
    Assistance Act [25 U.S.C. 450 et seq.] or (ii) a school operated by
    the Bureau of Indian Affairs.
      "(d) Report. - At the conclusion of the five-year demonstration
    program, the Secretary shall report to Congress as to whether the
    demonstration program has achieved its purposes of providing
    additional tribes fair opportunities to construct tribally
    controlled schools, accelerating construction of needed educational
    facilities in Indian Country, and permitting additional funds to be
    provided for the Department's priority list for construction of
    replacement educational facilities."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 107-63, title I, Sec. 125, Nov. 5, 2001, 115 Stat. 440.
      Pub. L. 106-291, title I, Sec. 153, Oct. 11, 2000, 114 Stat. 960.

-End-



-CITE-
    25 USC Sec. 2502                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-
    Sec. 2502. Grants authorized

-STATUTE-
    (a) In general
      (1) Eligibility
        The Secretary shall provide grants to Indian tribes, and tribal
      organizations that - 
          (A) operate contract schools under title XI of the Education
        Amendments of 1978 [25 U.S.C. 2000 et seq.] and notify the
        Secretary of their election to operate the schools with
        assistance under this chapter rather than continuing the
        schools as contract schools;
          (B) operate other tribally controlled schools eligible for
        assistance under this chapter and submit applications (which
        are approved by their tribal governing bodies) to the Secretary
        for such grants; or
          (C) elect to assume operation of Bureau-funded schools with
        the assistance under this chapter and submit applications
        (which are approved by their tribal governing bodies) to the
        Secretary for such grants.
      (2) Deposit of funds
        Grants provided under this chapter shall be deposited into the
      general operating fund of the tribally controlled school with
      respect to which the grant is made.
      (3) Use of funds
        (A) In general
          Except as otherwise provided in this paragraph, grants
        provided under this chapter shall be used to defray, at the
        discretion of the school board of the tribally controlled
        school with respect to which the grant is provided, any
        expenditures for education related activities for which any
        funds that compose the grant may be used under the laws
        described in section 2504(a) of this title, including
        expenditures for - 
            (i) school operations, academic, educational, residential,
          guidance and counseling, and administrative purposes; and
            (ii) support services for the school, including
          transportation.
        (B) Exception
          Grants provided under this chapter may, at the discretion of
        the school board of the tribally controlled school with respect
        to which such grant is provided, be used to defray operations
        and maintenance expenditures for the school if any funds for
        the operation and maintenance of the school are allocated to
        the school under the provisions of any of the laws described in
        section 2504(a) of this title.
    (b) Limitations
      (1) One grant per tribe or organization per fiscal year
        Not more than one grant may be provided under this chapter with
      respect to any Indian tribe or tribal organization for any fiscal
      year.
      (2) Nonsectarian use
        Funds provided under any grant made under this chapter may not
      be used in connection with religious worship or sectarian
      instruction.
      (3) Administrative costs limitation
        Funds provided under any grant under this chapter may not be
      expended for administrative costs (as defined in section
      1128(h)(1) of the Education Amendments of 1978 [25 U.S.C.
      2008(h)(1)]) in excess of the amount generated for such costs
      under section 1128 of such Act.
    (c) Limitation on transfer of funds among school sites
      (1) In general
        In the case of a grantee that operates schools at more than one
      school site, the grantee may expend at any school site operated
      by the grantee not more than the lesser of - 
          (A) 10 percent of the funds allocated for another school site
        under section 1128 of the Education Amendments of 1978 [25
        U.S.C. 2008]; or
          (B) $400,000 of the funds allocated for another school site.
      (2) Definition of school site
        For purposes of this subsection, the term "school site" means
      the physical location and the facilities of an elementary or
      secondary educational or residential program operated by, or
      under contract or grant with, the Bureau for which a discreet
      (!1) student count is identified under the funding formula
      established under section 1127 of the Education Amendments of
      1978 [25 U.S.C. 2007].

    (d) No requirement to accept grants
      Nothing in this chapter may be construed - 
        (1) to require a tribe or tribal organization to apply for or
      accept; or
        (2) to allow any person to coerce any tribe or tribal
      organization to apply for, or accept,

    a grant under this chapter to plan, conduct, and administer all of,
    or any portion of, any Bureau program. Such applications and the
    timing of such applications shall be strictly voluntary. Nothing in
    this chapter may be construed as allowing or requiring any grant
    with any entity other than the entity to which the grant is
    provided.
    (e) No effect on Federal responsibility
      Grants provided under this chapter shall not terminate, modify,
    suspend, or reduce the responsibility of the Federal Government to
    provide a program.
    (f) Retrocession
      (1) In general
        Whenever a tribal governing body requests retrocession of any
      program for which assistance is provided under this chapter, such
      retrocession shall become effective upon a date specified by the
      Secretary that is not later than 120 days after the date on which
      the tribal governing body requests the retrocession. A later date
      may be specified if mutually agreed upon by the Secretary and the
      tribal governing body. If such a program is retroceded, the
      Secretary shall provide to any Indian tribe served by such
      program at least the same quantity and quality of services that
      would have been provided under such program at the level of
      funding provided under this chapter prior to the retrocession.
      (2) Status after retrocession
        The tribe requesting retrocession shall specify whether the
      retrocession is to status as a Bureau-operated school or as a
      school operated under contract under the Indian Self-
      Determination and Education Assistance Act [25 U.S.C. 450 et
      seq.].
      (3) Transfer of equipment and materials
        Except as otherwise determined by the Secretary, the tribe or
      tribal organization operating the program to be retroceded must
      transfer to the Secretary (or to the tribe or tribal organization
      which will operate the program as a contract school) the existing
      equipment and materials which were acquired - 
          (A) with assistance under this chapter; or
          (B) upon assumption of operation of the program under this
        chapter, if the school was a Bureau-funded school under title
        XI of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.]
        before receiving assistance under this chapter.
    (g) Prohibition of termination for administrative convenience
      Grants provided under this chapter may not be terminated,
    modified, suspended, or reduced solely for the convenience of the
    administering agency.

-SOURCE-
    (Pub. L. 100-297, title V, Sec. 5203, as added Pub. L. 107-110,
    title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2064.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Education Amendments of 1978, referred to in subsecs.
    (a)(1)(A) and (f)(3)(B), is Pub. L. 95-561, Nov. 1, 1978, 92 Stat.
    2143, as amended. Title XI of the Act is classified principally to
    chapter 22 (Sec. 2000 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title of 1978
    Amendment note set out under section 6301 of Title 20, Education,
    and Tables.
      The Indian Self-Determination and Education Assistance Act,
    referred to in subsec. (f)(2), is Pub. L. 93-638, Jan. 4, 1975, 88
    Stat. 2203, as amended, which is classified principally to
    subchapter II (Sec. 450 et seq.) of chapter 14 of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 450 of this title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2502, Pub. L. 100-297, title V, Sec. 5203, Apr.
    28, 1988, 102 Stat. 385, set forth declaration of policy, prior to
    repeal by Pub. L. 107-110, title X, Sec. 1043, Jan. 8, 2002, 115
    Stat. 2063. See section 2501 of this title.

                              EFFECTIVE DATE                          
      Section effective Jan. 8, 2002, except with respect to certain
    noncompetitive programs and competitive programs, see section 5 of
    Pub. L. 107-110, set out as a note under section 6301 of Title 20,
    Education.

-FOOTNOTE-
    (!1) So in original. Probably should be "discrete".


-End-



-CITE-
    25 USC Sec. 2503                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-
    Sec. 2503. Composition of grants

-STATUTE-
    (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 controlled
      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 transportation costs;
        (2) to the extent requested by such Indian tribe or tribal
      organization, the total amount of funds provided from operations
      and maintenance accounts and, notwithstanding section 450j 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 allocated to such
      schools for such fiscal year under - 
          (A) title I of the Elementary and Secondary Education Act of
        1965 [20 U.S.C. 6301 et seq.];
          (B) the Individuals with Disabilities Education 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) of this section shall be
        subject to the provisions 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 Secondary Education Act
          of 1965 [20 U.S.C. 6301 et seq.];
            (ii) the Individuals with Disabilities Education Act [20
          U.S.C. 1400 et seq.]; or
            (iii) any Federal education law other than title XI of the
          Education Amendments 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 chapter, and tribally controlled schools
        for which such grants are provided, shall not be subject to any
        requirements, obligations, restrictions, or limitations imposed
        by the Bureau 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 treated as contract schools for the
      purposes of allocation 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 treated as Bureau schools for the purposes
      of allocation of funds provided under - 
          (A) title I of the Elementary and Secondary Education Act of
        1965 [20 U.S.C. 6301 et seq.];
          (B) the Individuals with Disabilities Education 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 facilities improvement and repair,
          alteration and renovation (major or minor), health and
          safety, or new construction accounts included in the grant
          provided under section 2503(a) (!3) of this title, the grant
          recipient 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 submission 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 Secretary.
        (B) Requirements for projects
          (i) Regulatory requirements
            With respect to a grant to a tribally controlled 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 described in such clause
          shall not be subject to section 12.61 of title 43, Code of
          Federal Regulations. The Secretary and the grantee shall
          negotiate and determine a schedule of payments for the work
          to be performed.
          (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 applicable 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 organizational
          and financial management capabilities.

          (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 organization that submits the
        application for the grant provides funding for the new
        construction 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
        recipient 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 request filed by an
        Indian tribe or tribal organization to include in such tribe
        (!6) or organization's grant under this chapter the funds
        described in subsection (a)(2) of this section within 180 days
        after the filing of the request, the Secretary shall - 

            (i) be deemed to have approved such request; and
            (ii) immediately upon the expiration of such 180-day period
          amend the grant accordingly.
        (B) Rights
          A tribe or organization described in subparagraph (A) may
        enforce its rights under subsection (a)(2) of this section and
        this paragraph, including 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.

-SOURCE-
    (Pub. L. 100-297, title V, Sec. 5204, as added Pub. L. 107-110,
    title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2066.)

-REFTEXT-
                            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 (Sec. 6301 et seq.) of chapter 70 of
    Title 20, Education. For complete classification of this Act to the
    Code, see Short Title note set out under section 6301 of Title 20
    and Tables.
      The Individuals with Disabilities Education Act, referred 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, as amended, which is
    classified generally to chapter 33 (Sec. 1400 et seq.) of Title 20,
    Education. For complete classification of this Act to the Code, see
    section 1400 of Title 20 and Tables.
      The Education Amendments of 1978, referred to in subsec.
    (b)(1)(A)(iii), is Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2143, as
    amended. Title XI of the Act is classified principally to chapter
    22 (Sec. 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), probably should be
    section 1125 of the Education Amendments of 1978, Pub. L. 95-561,
    which is classified to section 2005 of this title and requires, in
    subsec. (b), compliance 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.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2503, Pub. L. 100-297, title V, Sec. 5204, Apr.
    28, 1988, 102 Stat. 386; Pub. L. 100-427, Sec. 10(a), (b), Sept. 9,
    1988, 102 Stat. 1607; Pub. L. 102-119, Sec. 26(f), Oct. 7, 1991,
    105 Stat. 607; Pub. L. 103-382, title III, Sec. 394(m)(1), Oct. 20,
    1994, 108 Stat. 4029, authorized grants, prior to repeal by Pub. L.
    107-110, title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2063. See
    section 2502 of this title.

                              EFFECTIVE DATE                          
      Section effective Jan. 8, 2002, except with respect to certain
    noncompetitive programs and competitive programs, see section 5 of
    Pub. L. 107-110, set out as a note under section 6301 of Title 20,
    Education.

-FOOTNOTE-               

    (!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)".

    (!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".


-End-



-CITE-
    25 USC Sec. 2504                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-
    Sec. 2504. Eligibility for grants

-STATUTE-
    (a) Rules
      (1) In general
        A tribally controlled school is eligible for assistance under
      this chapter if the school - 
          (A) on April 28, 1988, was a contract school under title XI
        of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.]
        and the tribe or tribal organization operating the school
        submits to the Secretary a written notice of election to
        receive a grant under this chapter;
          (B) was a Bureau-operated school under title XI of the
        Education Amendments of 1978 [25 U.S.C. 2000 et seq.] and has
        met the requirements of subsection (b) of this section;
          (C) is a school for which the Bureau has not provided funds,
        but which has met the requirements of subsection (c) of this
        section; or
          (D) is a school with respect to which an election has been
        made under paragraph (2) and which has met the requirements of
        subsection (b) of this section.
      (2) New schools
        Any application which has been submitted under the Indian Self-
      Determination and Education Assistance Act [25 U.S.C. 450 et
      seq.] by an Indian tribe for a school which is not in operation
      on January 8, 2002, shall be reviewed under the guidelines and
      regulations for applications submitted under the Indian Self-
      Determination and Education Assistance Act that were in effect
      at the time the application was submitted, unless the Indian
      tribe or tribal organization elects to have the application
      reviewed under the provisions of subsection (b) of this section.
    (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) of this section, meets the requirements
      of this subsection if - 
          (A) the Indian tribe or tribal organization that operates, or
        desires to operate, the school submits to the Secretary an
        application requesting that the Secretary - 
            (i) transfer operation of the school to the Indian tribe or
          tribal organization, if the Indian tribe or tribal
          organization is not already operating the school; and
            (ii) make a determination as to whether the school is
          eligible for assistance under this chapter; and

          (B) the Secretary makes a determination that the school is
        eligible for assistance under this chapter.
      (2) Certain electing schools
        (A) In general
          By not later than the date that is 120 days after the date on
        which an application is submitted to the Secretary under
        paragraph (1)(A), the Secretary shall determine - 
            (i) in the case of a school which is not being operated by
          the Indian tribe or tribal organization, whether to transfer
          operation of the school to the Indian tribe or tribal
          organization; and
            (ii) whether the school is eligible for assistance under
          this chapter.
        (B) Other determinations
          In considering applications submitted under paragraph (1)(A),
        the Secretary - 
            (i) shall transfer operation of the school to the Indian
          tribe or tribal organization, if the tribe or tribal
          organization is not already operating the school; and
            (ii) shall determine that the school is eligible for
          assistance under this chapter, unless the Secretary finds by
          clear and convincing evidence that the services to be
          provided by the Indian tribe or tribal organization will be
          deleterious to the welfare of the Indians served by the
          school.
        (C) Considerations
          In considering applications submitted under paragraph (1)(A),
        the Secretary shall consider whether the Indian tribe or tribal
        organization would be deficient in operating the school with
        respect to - 
            (i) equipment;
            (ii) bookkeeping and accounting procedures;
            (iii) ability to adequately manage a school; or
            (iv) adequately trained personnel.
    (c) Additional requirements for a school which is not a Bureau-
      funded school
      (1) In general
        A school which is not a Bureau-funded school under title XI of
      the Education Amendments of 1978 [25 U.S.C. 2000 et seq.] meets
      the requirements of this subsection if - 
          (A) the Indian tribe or tribal organization that operates, or
        desires to operate, the school submits to the Secretary an
        application requesting a determination by the Secretary as to
        whether the school is eligible for assistance under this
        chapter; and
          (B) the Secretary makes a determination that a school is
        eligible for assistance under this chapter.
      (2) Deadline for determination by Secretary
        (A) In general
          By not later than the date that is 180 days after the date on
        which an application is submitted to the Secretary under
        paragraph (1)(A), the Secretary shall determine whether the
        school is eligible for assistance under this chapter.
        (B) Considerations
          In making the determination under subparagraph (A), the
        Secretary shall give equal consideration to each of the
        following factors:
            (i) With respect to the applicant's proposal - 
              (I) the adequacy of facilities or the potential to obtain
            or provide adequate facilities;
              (II) geographic and demographic factors in the affected
            areas;
              (III) adequacy of the applicant's program plans;
              (IV) geographic proximity of comparable public education;
            and
              (V) the needs as expressed by all affected parties,
            including but not limited to students, families, tribal
            governments at both the central and local levels, and
            school organizations.

            (ii) With respect to all education services already
          available - 
              (I) geographic and demographic factors in the affected
            areas;
              (II) adequacy and comparability of programs already
            available;
              (III) consistency of available programs with tribal
            education codes or tribal legislation on education; and
              (IV) the history and success of these services for the
            proposed population to be served, as determined from all
            factors including, if relevant, standardized examination
            performance.
        (C) Geographic proximity
          The Secretary may not make a determination under this
        paragraph that is primarily based upon the geographic proximity
        of comparable public education.
        (D) Other information
          Applications submitted under paragraph (1)(A) shall include
        information on the factors described in subparagraph (B)(i),
        but the applicant may also provide the Secretary such
        information relative to the factors described in subparagraph
        (B)(ii) as the applicant considers appropriate.
        (E) Deadline
          If the Secretary fails to make a determination under
        subparagraph (A) with respect to an application within 180 days
        after the date on which the Secretary received the application,
        the Secretary shall be treated as having made a determination
        that the tribally controlled school is eligible for assistance
        under the title (!1) and the grant shall become effective 18
        months after the date on which the Secretary received the
        application, or on an earlier date, at the Secretary's
        discretion.

    (d) Filing of applications and reports
      (1) In general
        All applications and reports submitted to the Secretary under
      this chapter, and any amendments to such applications or reports,
      shall be filed with the education line officer designated by the
      Director of the Office of Indian Education Programs of the Bureau
      of Indian Affairs. The date on which such filing occurs shall,
      for purposes of this chapter, be treated as the date on which the
      application or amendment was submitted to the Secretary.
      (2) Supporting documentation
        Any application that is submitted under this chapter shall be
      accompanied by a document indicating the action taken by the
      tribal governing body in authorizing such application.
    (e) Effective date for approved applications
      Except as provided by subsection (c)(2)(E) of this section, a
    grant provided under this chapter, and any transfer of the
    operation of a Bureau school made under subsection (b) of this
    section, shall become effective beginning the academic year
    succeeding the fiscal year in which the application for the grant
    or transfer is made, or at an earlier date determined by the
    Secretary.
    (f) Denial of applications
      (1) In general
        Whenever the Secretary refuses to approve a grant under this
      chapter, to transfer operation of a Bureau school under
      subsection (b) of this section, or determines that a school is
      not eligible for assistance under this chapter, the Secretary
      shall - 
          (A) state the objections in writing to the tribe or tribal
        organization within the allotted time;
          (B) provide assistance to the tribe or tribal organization to
        overcome all stated objections;
          (C) at the request of the tribe or tribal organization,
        provide the tribe or tribal organization a hearing on the
        record under the same rules and regulations that apply under
        the Indian Self-Determination and Education Assistance Act [25
        U.S.C. 450 et seq.]; and
          (D) provide an opportunity to appeal the objection raised.
      (2) Timeline for reconsideration of amended applications
        The Secretary shall reconsider any amended application
      submitted under this chapter within 60 days after the amended
      application is submitted to the Secretary.
    (g) Report
      The Bureau shall submit an annual report to the Congress on all
    applications received, and actions taken (including the costs
    associated with such actions), under this section at the same time
    that the President is required to submit to Congress the budget
    under section 1105 of title 31.

-SOURCE-
    (Pub. L. 100-297, title V, Sec. 5205, as added Pub. L. 107-110,
    title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2068.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Education Amendments of 1978, referred to in subsecs.
    (a)(1)(A), (B), (b)(1), and (c)(1), is Pub. L. 95-561, Nov. 1,
    1978, 92 Stat. 2143, as amended. Title XI of the Act is classified
    principally to chapter 22 (Sec. 2000 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title of
    1978 Amendment note set out under section 6301 of Title 20,
    Education, and Tables.
      The Indian Self-Determination and Education Assistance Act,
    referred to in subsecs. (a)(2) and (f)(1)(C), is Pub. L. 93-638,
    Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified
    principally to subchapter II (Sec. 450 et seq.) of chapter 14 of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 450 of this title and
    Tables.
      The title, referred to in subsec. (c)(2)(E), probably should be
    "this part", meaning part B of title V of Pub. L. 100-297, known as
    the Tribally Controlled Schools Act of 1988, which is classified
    generally to this chapter. For complete classification of part B to
    the Code, see Short Title note set out under section 2501 of this
    title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2504, Pub. L. 100-297, title V, Sec. 5205, Apr.
    28, 1988, 102 Stat. 387; Pub. L. 100-427, Sec. 10(c), Sept. 9,
    1988, 102 Stat. 1608; Pub. L. 101-301, Sec. 5(g), May 24, 1990, 104
    Stat. 209; Pub. L. 102-119, Sec. 26(f), Oct. 7, 1991, 105 Stat.
    607; Pub. L. 103-382, title III, Secs. 382(a), (b), 394(m)(2), Oct.
    20, 1994, 108 Stat. 4017, 4029, related to composition of grants,
    prior to repeal by Pub. L. 107-110, title X, Sec. 1043, Jan. 8,
    2002, 115 Stat. 2063. See section 2503 of this title.

                              EFFECTIVE DATE                          
      Section effective Jan. 8, 2002, except with respect to certain
    noncompetitive programs and competitive programs, see section 5 of
    Pub. L. 107-110, set out as a note under section 6301 of Title 20,
    Education.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 2505                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-
    Sec. 2505. Duration of eligibility determination

-STATUTE-
    (a) In general
      If the Secretary determines that a tribally controlled school is
    eligible for assistance under this chapter, the eligibility
    determination shall remain in effect until the determination is
    revoked by the Secretary, and the requirements of subsection (b) or
    (c) of section 2504 of this title, if applicable, shall be
    considered to have been met with respect to such school until the
    eligibility determination is revoked by the Secretary.
    (b) Annual reports
      (1) In general
        Each recipient of a grant provided under this chapter shall
      complete an annual report which shall be limited to - 
          (A) an annual financial statement reporting revenue and
        expenditures as defined by the cost accounting established by
        the grantee;
          (B) an annual financial audit conducted pursuant to the
        standards of the Single Audit Act of 1984 [31 U.S.C. 7501 et
        seq.];
          (C) a biennial compliance audit of the procurement of
        personal property during the period for which the report is
        being prepared that shall be in compliance with written
        procurement standards that are developed by the local school
        board;
          (D) an annual submission to the Secretary of the number of
        students served and a brief description of programs offered
        under the grant; and
          (E) a program evaluation conducted by an impartial evaluation
        review team, to be based on the standards established for
        purposes of subsection (c)(1)(A)(ii) (!1) of this section.

      (2) Evaluation review teams
        Where appropriate, other tribally controlled schools and
      representatives of tribally controlled community colleges shall
      make up members of the evaluation review teams.
      (3) Evaluations
        In the case of a school which is accredited, evaluations will
      be conducted at intervals under the terms of accreditation.
      (4) Submission of report
        (A) To tribal governing body
          Upon completion of the report required under paragraph (1),
        the recipient of the grant shall send (via first class mail,
        return receipt requested) a copy of such annual report to the
        tribal governing body (as defined in section 2012(f) of this
        title) of the tribally controlled school.
        (B) To Secretary
          Not later than 30 days after receiving written confirmation
        that the tribal governing body has received the report sent
        pursuant to subparagraph (A), the recipient of the grant shall
        send a copy of the report to the Secretary.
    (c) Revocation of eligibility
      (1) Determination of eligibility for assistance
        The Secretary shall not revoke a determination that a school is
      eligible for assistance under this chapter if - 
          (A) the Indian tribe or tribal organization submits the
        reports required under subsection (b) of this section with
        respect to the school; and
          (B) at least one of the following clauses applies with
        respect to the school:
            (i) The school is certified or accredited by a State or
          regional accrediting association or is a candidate in good
          standing for such accreditation under the rules of the State
          or regional accrediting association, showing that credits
          achieved by the students within the education programs are,
          or will be, accepted at grade level by a State certified or
          regionally accredited institution.
            (ii) The Secretary determines that there is a reasonable
          expectation that the certification or accreditation described
          in clause (i), or candidacy in good standing for such
          certification or accreditation, will be achieved by the
          school within 3 years. The school seeking accreditation shall
          remain under the standards of the Bureau in effect on January
          8, 2002, until such time as the school is accredited, except
          that if the Bureau standards are in conflict with the
          standards of the accrediting agency, the standards of such
          agency shall apply in such case.
            (iii) The school is accredited by a tribal department of
          education if such accreditation is accepted by a generally
          recognized regional or State accreditation agency.
            (iv)(I) With respect to a school that lacks accreditation,
          or that is not a candidate for accreditation, based on
          circumstances that are not beyond the control of the school
          board, every 3 years an impartial evaluator agreed upon by
          the Secretary and the grant recipient conducts evaluations of
          the school, and the school receives a positive assessment
          under such evaluations. The evaluations are conducted under
          standards adopted by a contractor under a contract for the
          school entered into under the Indian Self-Determination and
          Education Assistance Act [25 U.S.C. 450 et seq.] (or
          revisions of such standards agreed to by the Secretary and
          the grant recipient) prior to January 8, 2002.
            (II) If the Secretary and a grant recipient other than a
          tribal governing body fail to agree on such an evaluator, the
          tribal governing body shall choose the evaluator or perform
          the evaluation. If the Secretary and a grant recipient that
          is a tribal governing body fail to agree on such an
          evaluator, subclause (I) shall not apply.
            (III) A positive assessment by an impartial evaluator under
          this clause shall not affect the revocation of a
          determination of eligibility by the Secretary where such
          revocation is based on circumstances that were within the
          control of the school board.
      (2) Notice requirements for revocation
        The Secretary shall not revoke a determination that a school is
      eligible for assistance under this chapter, or reassume control
      of a school that was a Bureau school prior to approval of an
      application submitted under section 2505(b)(1)(A) (!2) of this
      title until the Secretary - 

          (A) provides notice to the tribally controlled school and the
        tribal governing body (within the meaning of section 2021 of
        this title) of the tribally controlled school which states - 
            (i) the specific deficiencies that led to the revocation or
          resumption determination; and
            (ii) the actions that are needed to remedy such
          deficiencies; and

          (B) affords such authority an opportunity to effect the
        remedial actions.
      (3) Technical assistance
        The Secretary shall provide such technical assistance to enable
      the school and governing body to carry out such remedial actions.
      (4) Hearing and appeal
        In addition to notice and technical assistance under this
      subsection, the Secretary shall provide to the school and
      governing body - 
          (A) at the request of the school or governing body, a hearing
        on the record regarding the revocation or reassumption
        determination, to be conducted under the rules and regulations
        described in section 2505(f)(1)(C) (!3) of this title; and

          (B) an opportunity to appeal the decision resulting from the
        hearing.
    (d) Applicability of section pursuant to election under section
      2507(b)
      With respect to a tribally controlled school that receives
    assistance under this chapter pursuant to an election made under
    section 2507(b) of this title - 
        (1) subsection (b) of this section shall apply; and
        (2) the Secretary may not revoke eligibility for assistance
      under this chapter except in conformance with subsection (c) of
      this section.

-SOURCE-
    (Pub. L. 100-297, title V, Sec. 5206, as added Pub. L. 107-110,
    title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2072.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Single Audit Act of 1984, referred to in subsec. (b)(1)(B),
    is Pub. L. 98-502, Oct. 19, 1984, 98 Stat. 2327, as amended, which
    is classified generally to chapter 75 (Sec. 7501 et seq.) of Title
    31, Money and Finance. For complete classification of this Act to
    the Code, see Short Title of 1984 Amendment note set out under
    section 7501 of Title 31 and Tables.
      The Indian Self-Determination and Education Assistance Act,
    referred to in subsec. (c)(1)(B)(iv)(I), is Pub. L. 93-638, Jan. 4,
    1975, 88 Stat. 2203, as amended, which is classified principally to
    subchapter II (Sec. 450 et seq.) of chapter 14 of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 450 of this title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2505, Pub. L. 100-297, title V, Sec. 5206, Apr.
    28, 1988, 102 Stat. 388; Pub. L. 100-427, Sec. 11, Sept. 9, 1988,
    102 Stat. 1608; Pub. L. 105-362, title VIII, Sec. 801(d), Nov. 10,
    1998, 112 Stat. 3288, related to eligibility for grants, prior to
    repeal by Pub. L. 107-110, title X, Sec. 1043, Jan. 8, 2002, 115
    Stat. 2063. See section 2504 of this title.

                              EFFECTIVE DATE                          
      Section effective Jan. 8, 2002, except with respect to certain
    noncompetitive programs and competitive programs, see section 5 of
    Pub. L. 107-110, set out as a note under section 6301 of Title 20,
    Education.

-FOOTNOTE-
    (!1) So in original. Probably should be subsection "(c)(1)(B)(ii)".

    (!2) So in original. Probably should be section "2504(b)(1)(A)".

    (!3) So in original. Probably should be section "2504(f)(1)(C)".


-End-



-CITE-
    25 USC Sec. 2506                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-
    Sec. 2506. Payment of grants; investment of funds

-STATUTE-
    (a) Payments
      (1) In general
        Except as otherwise provided in this subsection, the Secretary
      shall make payments to grantees under this chapter in two
      payments, of which - 
          (A) the first payment shall be made not later than July 1 of
        each year in an amount equal to 80 percent of the amount which
        the grantee was entitled to receive during the preceding
        academic year; and
          (B) the second payment, consisting of the remainder to which
        the grantee is entitled for the academic year, shall be made
        not later than December 1 of each year.
      (2) Excess funding
        In a case in which the amount provided to a grant recipient
      under paragraph (1)(A) is in excess of the amount that the
      recipient is entitled to receive for the academic year involved,
      the recipient shall return to the Secretary such excess amount
      not later than 30 days after the final determination that the
      school was overpaid pursuant to this section. The amount returned
      to the Secretary under this paragraph shall be distributed
      equally to all schools in the system.
      (3) Newly funded schools
        For any school for which no payment under this chapter was made
      from Bureau funds in the preceding academic year, full payment of
      the amount computed for the first academic year of eligibility
      under this chapter shall be made not later than December 1 of the
      academic year.
      (4) Late funding
        With regard to funds for grantees that become available for
      obligation on October 1 of the fiscal year for which such funds
      are appropriated, the Secretary shall make payments to grantees
      not later than December 1 of the fiscal year.
      (5) Applicability of certain title 31 provisions
        The provisions of chapter 39 of title 31 shall apply to the
      payments required to be made by paragraphs (1), (3), and (4).
      (6) Restrictions
        Paragraphs (1), (3), and (4) shall be subject to any
      restriction on amounts of payments under this chapter that are
      imposed by a continuing resolution or other Act appropriating the
      funds involved.
    (b) Investment of funds
      (1) Treatment of interest and investment income
        Notwithstanding any other provision of law, any interest or
      investment income that accrues to any funds provided under this
      chapter after such funds are paid to the Indian tribe or tribal
      organization and before such funds are expended for the purpose
      for which such funds were provided under this chapter shall be
      the property of the Indian tribe or tribal organization and shall
      not be taken into account by any officer or employee of the
      Federal Government in determining whether to provide assistance,
      or the amount of assistance, under any provision of Federal law.
      Such interest income shall be spent on behalf of the school.
      (2) Permissible investments
        Funds provided under this chapter may be invested by the Indian
      tribe or tribal organization before such funds are expended for
      the purposes of this chapter so long as such funds are - 
          (A) invested by the Indian tribe or tribal organization only
        in obligations of the United States, or in obligations or
        securities that are guaranteed or insured by the United States,
        or mutual (or other) funds registered with the Securities and
        Exchange Commission and which only invest in obligations of the
        United States, or securities that are guaranteed or insured by
        the United States; or
          (B) deposited only into accounts that are insure by and (!1)
        agency or instrumentality of the United States, or are fully
        collateralized to ensure protection of the funds, even in the
        event of a bank failure.

    (c) Recoveries
      For the purposes of underrecovery and overrecovery determinations
    by any Federal agency for any other funds, from whatever source
    derived, funds received under this chapter shall not be taken into
    consideration.

-SOURCE-
    (Pub. L. 100-297, title V, Sec. 5207, as added Pub. L. 107-110,
    title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2074.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2506, Pub. L. 100-297, title V, Sec. 5207, Apr.
    28, 1988, 102 Stat. 391; Pub. L. 100-427, Sec. 12, Sept. 9, 1988,
    102 Stat. 1608, related to duration of eligibility determination,
    prior to repeal by Pub. L. 107-110, title X, Sec. 1043, Jan. 8,
    2002, 115 Stat. 2063. See section 2505 of this title.

                              EFFECTIVE DATE                          
      Section effective Jan. 8, 2002, except with respect to certain
    noncompetitive programs and competitive programs, see section 5 of
    Pub. L. 107-110, set out as a note under section 6301 of Title 20,
    Education.

-FOOTNOTE-
    (!1) So in original. Probably should be "insured by an".


-End-



-CITE-
    25 USC Sec. 2507                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-
    Sec. 2507. Application with respect to Indian Self-Determination
      and Education Assistance Act

-STATUTE-
    (a) Certain provisions to apply to grants
      The following provisions of the Indian Self-Determination and
    Education Assistance Act [25 U.S.C. 450 et seq.] (and any
    subsequent revisions thereto or renumbering thereof), shall apply
    to grants provided under this chapter:
        (1) Section 5(f) [25 U.S.C. 450c(f)] (relating to single agency
      audit).
        (2) Section 6 [25 U.S.C. 450d] (relating to criminal
      activities; penalties).
        (3) Section 7 [25 U.S.C. 450e] (relating to wage and labor
      standards).
        (4) Section 104 [25 U.S.C. 450i] (relating to retention of
      Federal employee coverage).
        (5) Section 105(f) [25 U.S.C. 450j(f)] (relating to Federal
      property).
        (6) Section 105(k) [25 U.S.C. 450j(k)] (relating to access to
      Federal sources of supply).
        (7) Section 105(l) [25 U.S.C. 450j(l)] (relating to lease of
      facility used for administration and delivery of services).
        (8) Section 106(f) [25 U.S.C. 450j-1(f)] (relating to
      limitation on remedies relating to cost allowances).
        (9) Section 106(j) [25 U.S.C. 450j-1(j)] (relating to use of
      funds for matching or cost participation requirements).
        (10) Section 106(k) [25 U.S.C. 450j-1(k)] (relating to
      allowable uses of funds).
        (11) Section 108(c) [25 U.S.C. 450l(c)] (Model Agreements
      provisions (1)(a)(5) (!1) (relating to limitations of costs),
      (1)(a)(7) (!2) (relating to records and monitoring), (1)(a)(8)
      (!3) (relating to property), and (a)(1)(9) (!4) (relating to
      availability of funds).(!5)





        (12) Section 109 [25 U.S.C. 450m] (relating to reassumption).
        (13) Section 111 [25 U.S.C. 450n] (relating to sovereign
      immunity and trusteeship rights unaffected).
    (b) Election for grant in lieu of contract
      (1) In general
        Contractors for activities to which this chapter applies who
      have entered into a contract under the Indian Self-Determination
      and Education Assistance Act [25 U.S.C. 450 et seq.] that is in
      effect on January 8, 2002, may, by giving notice to the
      Secretary, elect to have the provisions of this chapter apply to
      such activity in lieu of such contract.
      (2) Effective date of election
        Any election made under paragraph (1) shall take effect on the
      first day of July immediately following the date of such
      election.
      (3) Exception
        In any case in which the first day of July immediately
      following the date of an election under paragraph (1) is less
      than 60 days after such election, such election shall not take
      effect until the first day of July of (!6) year following the
      year in which the election is made.

    (c) No duplication
      No funds may be provided under any contract entered into under
    the Indian Self-Determination and Education Assistance Act [25
    U.S.C. 450 et seq.] to pay any expenses incurred in providing any
    program or services if a grant has been made under this chapter to
    pay such expenses.
    (d) Transfers and carryovers
      (1) Buildings, equipment, supplies, materials
        A tribe or tribal organization assuming the operation of - 
          (A) a Bureau school with assistance under this chapter shall
        be entitled to the transfer or use of buildings, equipment,
        supplies, and materials to the same extent as if it were
        contracting under the Indian Self-Determination and Education
        Assistance Act [25 U.S.C. 450 et seq.]; or
          (B) a contract school with assistance under this chapter
        shall be entitled to the transfer or use of buildings,
        equipment, supplies, and materials that were used in the
        operation of the contract school to the same extent as if it
        were contracting under the Indian Self-Determination and
        Education Assistance Act.
      (2) Funds
        Any tribe or tribal organization which assumes operation of a
      Bureau school with assistance under this chapter and any tribe or
      tribal organization which elects to operate a school with
      assistance under this chapter rather that (!7) to continue as a
      contract school shall be entitled to any funds which would
      carryover from the previous fiscal year as if such school were
      operated as a contract school.

      (3) Funding for school improvement
        Any tribe or tribal organization that assumes operation of a
      Bureau school or a contract school with assistance under this
      chapter shall be eligible for funding for the improvement,
      alteration, replacement, and repair of facilities to the same
      extent as a Bureau school.
    (e) Exceptions, problems, and disputes
      Any exception or problem cited in an audit conducted pursuant to
    section 2505(b)(1) of this title, any dispute regarding a grant
    authorized to be made pursuant to this chapter or any amendment to
    such grant, and any dispute involving an administrative cost grant
    under section 2008 of this title shall be administered under the
    provisions governing such exceptions, problems, or disputes in the
    case of contracts under the Indian Self-Determination and Education
    Assistance Act [25 U.S.C. 450 et seq.]. The Equal Access to Justice
    Act shall apply to administrative appeals filed after September 8,
    1988, by grantees regarding a grant under this chapter, including
    an administrative cost grant.

-SOURCE-
    (Pub. L. 100-297, title V, Sec. 5208, as added Pub. L. 107-110,
    title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2076.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Indian Self-Determination and Education Assistance Act,
    referred to in text, is Pub. L. 93-638, Jan. 4, 1975, 88 Stat.
    2203, as amended, which is classified principally to subchapter II
    (Sec. 450 et seq.) of chapter 14 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 450 of this title and Tables.
      The Equal Access to Justice Act, referred to in subsec. (e), is
    title II of Pub. L. 96-481, Oct. 21, 1980, 94 Stat. 2325, as
    amended. For complete classification of this Act to the Code, see
    Short Title note set out under section 504 of Title 5, Government
    Organization and Employees, and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2507, Pub. L. 100-297, title V, Sec. 5208, Apr.
    28, 1988, 102 Stat. 393; Pub. L. 100-427, Sec. 13, Sept. 9, 1988,
    102 Stat. 1609; Pub. L. 103-382, title III, Sec. 382(c), Oct. 20,
    1994, 108 Stat. 4017, related to payment of grants and investment
    of funds, prior to repeal by Pub. L. 107-110, title X, Sec. 1043,
    Jan. 8, 2002, 115 Stat. 2063. See section 2506 of this title.

                              EFFECTIVE DATE                          
      Section effective Jan. 8, 2002, except with respect to certain
    noncompetitive programs and competitive programs, see section 5 of
    Pub. L. 107-110, set out as a note under section 6301 of Title 20,
    Education.

-FOOTNOTE-               

    (!1) So in original. Probably should be "1(b)(5)".

    (!2) So in original. Probably should be "1(b)(7)".

    (!3) So in original. Probably should be "1(b)(8)".

    (!4) So in original. Probably should be "1(b)(9)".

    (!5) So in original. There probably should be a second closing
         parenthesis.

    (!6) So in original. Probably should be followed by "the".

    (!7) So in original. Probably should be "than".


-End-



-CITE-
    25 USC Sec. 2508                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-
    Sec. 2508. Role of the Director

-STATUTE-
      Applications for grants under this chapter, and all application
    modifications, shall be reviewed and approved by personnel under
    the direction and control of the Director of the Office of Indian
    Education Programs. Required reports shall be submitted to
    education personnel under the direction and control of the Director
    of such Office.

-SOURCE-
    (Pub. L. 100-297, title V, Sec. 5209, as added Pub. L. 107-110,
    title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2077.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2508, Pub. L. 100-297, title V, Sec. 5209, Apr.
    28, 1988, 102 Stat. 394; Pub. L. 100-427, Sec. 14, Sept. 9, 1988,
    102 Stat. 1609; Pub. L. 101-301, Sec. 5(b), May 24, 1990, 104 Stat.
    207; Pub. L. 103-382, title III, Sec. 382(d), (e), Oct. 20, 1994,
    108 Stat. 4017, 4018, related to application with respect to Indian
    Self-Determination and Education Assistance Act, prior to repeal by
    Pub. L. 107-110, title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2063.
    See section 2507 of this title.

                              EFFECTIVE DATE                          
      Section effective Jan. 8, 2002, except with respect to certain
    noncompetitive programs and competitive programs, see section 5 of
    Pub. L. 107-110, set out as a note under section 6301 of Title 20,
    Education.

-End-



-CITE-
    25 USC Sec. 2509                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-
    Sec. 2509. Regulations

-STATUTE-
      The Secretary is authorized to issue regulations relating to the
    discharge of duties specifically assigned to the Secretary in this
    chapter. For all other matters relating to the details of planning,
    developing, implementing, and evaluating grants under this chapter,
    the Secretary shall not issue regulations.

-SOURCE-
    (Pub. L. 100-297, title V, Sec. 5210, as added Pub. L. 107-110,
    title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2077.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2509, Pub. L. 100-297, title V, Sec. 5210, Apr.
    28, 1988, 102 Stat. 394, related to role of Director, prior to
    repeal by Pub. L. 107-110, title X, Sec. 1043, Jan. 8, 2002, 115
    Stat. 2063. See section 2508 of this title.

                              EFFECTIVE DATE                          
      Section effective Jan. 8, 2002, except with respect to certain
    noncompetitive programs and competitive programs, see section 5 of
    Pub. L. 107-110, set out as a note under section 6301 of Title 20,
    Education.

-End-



-CITE-
    25 USC Sec. 2510                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-
    Sec. 2510. The tribally controlled grant school endowment program

-STATUTE-
    (a) In general
      (1) Establishment
        Each school receiving a grant under this chapter may establish,
      at a federally insured financial institution, a trust fund for
      the purposes of this section.
      (2) Deposits and use
        The school may provide - 
          (A) for deposit into the trust fund, only funds from non-
        Federal sources, except that the interest on funds received
        from grants provided under this chapter may be used for that
        purpose;
          (B) for deposit into the trust fund, any earnings on funds
        deposited in the fund; and
          (C) for the sole use of the school any noncash, in-kind
        contributions of real or personal property, which may at any
        time be used, sold, or otherwise disposed of.
    (b) Interest
      Interest from the fund established under subsection (a) of this
    section may periodically be withdrawn and used, at the discretion
    of the school, to defray any expenses associated with the operation
    of the school consistent with the purposes of this Act.(!1)


-SOURCE-
    (Pub. L. 100-297, title V, Sec. 5211, as added Pub. L. 107-110,
    title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2078.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (b), is Pub. L. 100-297 and
    probably should be "this part", meaning part B of title V of Pub.
    L. 100-297, known as the Tribally Controlled Schools Act of 1988,
    which is classified generally to this chapter. For complete
    classification of part B to the Code, see Short Title note set out
    under section 2501 of this title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2510, Pub. L. 100-297, title V, Sec. 5211, Apr.
    28, 1988, 102 Stat. 394, related to regulations, prior to repeal by
    Pub. L. 107-110, title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2063.
    See section 2509 of this title.

                              EFFECTIVE DATE                          
      Section effective Jan. 8, 2002, except with respect to certain
    noncompetitive programs and competitive programs, see section 5 of
    Pub. L. 107-110, set out as a note under section 6301 of Title 20,
    Education.

-FOOTNOTE-               

    (!1) See References in Text note below.


-End-



-CITE-
    25 USC Sec. 2511                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS

-HEAD-
    Sec. 2511. Definitions

-STATUTE-
      In this chapter:
      (1) Bureau
        The term "Bureau" means the Bureau of Indian Affairs of the
      Department of the Interior.
      (2) Eligible Indian student
        The term "eligible Indian student" has the meaning given such
      term in section 2007(f) of this title.
      (3) Indian
        The term "Indian" means a member of an Indian tribe, and
      includes individuals who are eligible for membership in a tribe,
      and the child or grandchild of such an individual.
      (4) Indian tribe
        The term "Indian tribe" means any Indian tribe, band, nation,
      or other organized group or community, including an Alaska Native
      Village Corporation or Regional Corporation (as defined in or
      established pursuant to the Alaska Native Claims Settlement Act
      [43 U.S.C. 1601 et seq.]), which is recognized as eligible for
      the special programs and services provided by the United States
      to Indians because of their status as Indians.
      (5) Local educational agency
        The term "local educational agency" means a public board of
      education or other public authority legally constituted within a
      State for either administrative control or direction of, or to
      perform a service function for, public elementary schools or
      secondary schools in a city, county, township, school district,
      or other political subdivision of a State or such combination of
      school districts or counties as are recognized in a State as an
      administrative agency for the State's public elementary schools
      or secondary schools. Such term includes any other public
      institution or agency having administrative control and direction
      of a public elementary school or secondary school.
      (6) Secretary
        The term "Secretary" means the Secretary of the Interior.
      (7) Tribal governing body
        The term "tribal governing body" means, with respect to any
      school that receives assistance under this Act,(!1) the
      recognized governing body of the Indian tribe involved.

      (8) Tribal organization
        (A) In general
          The term "tribal organization" means - 
            (i) the recognized governing body of any Indian tribe; or
            (ii) any legally established organization of Indians that -
          
              (I) is controlled, sanctioned, or chartered by such
            governing body or is democratically elected by the adult
            members of the Indian community to be served by such
            organization; and
              (II) includes the maximum participation of Indians in all
            phases of the organization's activities.
        (B) Authorization
          In any case in which a grant is provided under this chapter
        to an organization to provide services through a tribally
        controlled school benefiting more than one Indian tribe, the
        approval of the governing bodies of Indian tribes representing
        80 percent of the students attending the tribally controlled
        school shall be considered a sufficient tribal authorization
        for such grant.
      (9) Tribally controlled school
        The term "tribally controlled school" means a school that - 
          (A) is operated by an Indian tribe or a tribal organization,
        enrolling students in kindergarten through grade 12, including
        a preschool;
          (B) is not a local educational agency; and
          (C) is not directly administered by the Bureau of Indian
        Affairs.

-SOURCE-
    (Pub. L. 100-297, title V, Sec. 5212, as added Pub. L. 107-110,
    title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2078.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska Native Claims Settlement Act, referred to in par. (4),
    is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which
    is classified generally to chapter 33 (Sec. 1601 et seq.) of Title
    43, Public Lands. For complete classification of this Act to the
    Code, see Short Title note set out under section 1601 of Title 43
    and Tables.
      This Act, referred to in par. (7), is Pub. L. 100-297 and
    probably should be "this part", meaning part B of title V of Pub.
    L. 100-297, known as the Tribally Controlled Schools Act of 1988,
    which is classified generally to this chapter. For complete
    classification of part B to the Code, see Short Title note set out
    under section 2501 of this title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2511, Pub. L. 100-297, title V, Sec. 5212, Apr.
    28, 1988, 102 Stat. 394, defined terms, prior to repeal by Pub. L.
    107-110, title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2063.

                              EFFECTIVE DATE                          
      Section effective Jan. 8, 2002, except with respect to certain
    noncompetitive programs and competitive programs, see section 5 of
    Pub. L. 107-110, set out as a note under section 6301 of Title 20,
    Education.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-