-CITE-
    25 USC CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
              CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS          

-MISC1-
    Sec.                                                     
    2000.       Declaration of policy.                                
    2001.       Accreditation for the basic education of Indian
                 children in Bureau of Indian Affairs schools.        
    2002.       National criteria for home-living situations.         
    2003.       Codification of regulations.                          
    2004.       School boundaries.                                    
    2005.       Facilities construction.                              
    2006.       Bureau of Indian Affairs education functions.         
    2007.       Allotment formula.                                    
    2008.       Administrative cost grants.                           
    2009.       Division of Budget Analysis.                          
    2010.       Uniform direct funding and support.                   
    2011.       Policy for Indian control of Indian education.        
    2012.       Indian education personnel.                           
    2013.       Computerized management information system.           
    2014.       Recruitment of Indian educators.                      
    2015.       Annual report; audits.                                
    2016.       Rights of Indian students.                            
    2017.       Regulations.                                          
    2018.       Regional meetings and negotiated rulemaking.          
    2019.       Early childhood development program.                  
    2020.       Tribal departments or divisions of education.         
    2021.       Definitions.                                          

-COD-
                               CODIFICATION                           
      Part B of title XI of the Education Amendments of 1978,
    comprising this chapter, was originally enacted as part B of title
    XI of Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2316, and amended by
    1978 Reorg. Plan No. 2, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat.
    3783; Pub. L. 96-46, Aug. 6, 1979, 93 Stat. 338; Pub. L. 96-88,
    Oct. 17, 1979, 93 Stat. 668; Pub. L. 97-375, Dec. 21, 1982, 96
    Stat. 1819; Pub. L. 98-511, Oct. 19, 1984, 98 Stat. 2366; Pub. L.
    99-89, Aug. 15, 1985, 99 Stat. 379; Pub. L. 99-228, Dec. 28, 1985,
    99 Stat. 1747; Pub. L. 99-570, Oct. 27, 1986, 100 Stat. 3207; Pub.
    L. 100-297, Apr. 28, 1988, 102 Stat. 130; Pub. L. 100-427, Sept. 9,
    1988, 102 Stat. 1603; Pub. L. 101-301, May 24, 1990, 104 Stat. 206;
    Pub. L. 102-531, Oct. 27, 1992, 106 Stat. 3469; Pub. L. 103-382,
    Oct. 20, 1994, 108 Stat. 3518; Pub. L. 104-134, Apr. 26, 1996, 110
    Stat. 1321; Pub. L. 104-140, May 2, 1996, 110 Stat. 1327; Pub. L.
    105-244, Oct. 7, 1998, 112 Stat. 1581; Pub. L. 105-362, Nov. 10,
    1998, 112 Stat. 3280; Pub. L. 106-554, Dec. 21, 2000, 114 Stat.
    2763. Part B of title XI of the Act is shown herein, however, as
    having been added by Pub. L. 107-110 without reference to such
    intervening amendments because of the extensive amendment of the
    part's provisions by Pub. L. 107-110, title X, Sec. 1042, Jan. 8,
    2002, 115 Stat. 2007.

-End-



-CITE-
    25 USC Sec. 2000                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2000. Declaration of policy

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1120, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2007.)


-MISC1-
                              EFFECTIVE DATE                          
      Chapter 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 OF 2002 AMENDMENT                   
      Pub. L. 107-110, title X, Sec. 1041, Jan. 8, 2002, 115 Stat.
    2007, provided that: "This part [part D (Secs. 1041-1045) of title
    X of Pub. L. 107-110, enacting this chapter and sections 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 Education Improvement Act of 2001'."

                       SHORT TITLE OF 1988 AMENDMENT                   
      Pub. L. 100-297, title V, Sec. 5101, Apr. 28, 1988, 102 Stat.
    363, provided that: "This part [part A (Secs. 5101-5120) of title V
    of Pub. L. 100-297, enacting sections 2008a, 2022a, and 2022b of
    this title, amending sections 2001 to 2005, 2008 to 2011, and 2019
    of this title, repealing section 241bb-1 of Title 20, Education,
    enacting provisions set out as notes under section 2011 of this
    title and section 1411 of Title 20, and repealing provisions set
    out as a note under section 241aa of Title 20] may be cited as the
    'Indian Education Amendments of 1988'."

                       SHORT TITLE OF 1985 AMENDMENT                   
      Pub. L. 99-89, Sec. 1(a), Aug. 15, 1985, 99 Stat. 379, provided
    that: "This Act [amending sections 2001, 2004, 2006, 2008, 2009,
    2016, 2020, 2021, and 2022 of this title, repealing section 2023 of
    this title, and enacting provisions formerly set out as a note
    under section 2001 of this title] may be cited as the 'Indian
    Education Technical Amendments Act of 1985'."

                       SHORT TITLE OF 1984 AMENDMENT                   
      Pub. L. 98-511, title V, Sec. 501(a), Oct. 19, 1984, 98 Stat.
    2391, provided that: "This title [enacting sections 2020 to 2023 of
    this title, amending sections 2001, 2004, 2006, 2008, 2009, 2011,
    2012, 2016, 2018 of this title, and sections 241aa to 241ff, 1211a,
    1221g, 3385, 3385a, and 3385b of Title 20, Education, and enacting
    provisions set out as a note under section 241ff of Title 20] may
    be cited as the 'Indian Education Amendments of 1984'."

                  THERAPEUTIC MODEL DEMONSTRATION SCHOOLS              
      Pub. L. 103-382, title V, Sec. 566, Oct. 20, 1994, 108 Stat.
    4059, provided that:
      "(a) Authorization. - 
        "(1) In general. - The Secretary of the Interior, acting
      through the Bureau of Indian Affairs, is authorized to establish
      demonstration schools, based on the therapeutic model described
      in this section, to provide services necessary to achieve
      positive changes in the attitudes, behavior, and academic
      performance of Indian youth attending off-reservation boarding
      schools.
        "(2) Purpose. - The purpose of the therapeutic model
      demonstration schools is - 
          "(A) to provide a program, based on an annual written plan,
        linking clinicians, counselors, and mental health professionals
        with academic program personnel in a culturally sensitive
        residential program tailored to the particular needs of Indian
        students;
          "(B) to provide for a continued evaluation of the planning
        and implementation of the therapeutic model in the designated
        schools; and
          "(C) to determine what steps the Bureau of Indian Affairs
        must take and what resources are required to transform existing
        off-reservation boarding schools to meet the needs of
        chemically dependent, emotionally disturbed, socially troubled,
        or other at-risk Indian youth who attend such schools.
      "(b) Location. - The Secretary shall initiate the therapeutic
    model at two schools during school years 1994 through 1996, and
    shall give priority to - 
        "(1) one school that is the recipient of a grant under section
      5204 of the August [Augustus] F. Hawkins-Robert T. Stafford
      Elementary and Secondary School Improvement Amendments of 1988
      [25 U.S.C. 2503] during the 1994-1995 school year; and
        "(2) one school operated by the Bureau of Indian Affairs during
      the 1995-1996 school year.
      "(c) Services. - The demonstration schools shall provide an
    integrated residential environment that may include - 
        "(1) mental health services;
        "(2) education;
        "(3) recreation therapy;
        "(4) social service programs;
        "(5) substance abuse education and prevention; and
        "(6) other support services for aftercare.
      "(d) Staffing. - The demonstration schools shall be staffed with
    health and social service professionals, and educators, and may
    include - 
        "(1) clinical psychologists;
        "(2) child psychologists;
        "(3) substance abuse counselors;
        "(4) social workers; and
        "(5) health educators.
      "(e) Enrollment. - Notwithstanding any other provision of law,
    the Secretary of the Interior may limit the enrollment at the
    demonstration schools.
      "(f) Assistance. - The Secretary is authorized to enter into
    agreements with other organizations and agencies, including the
    Indian Health Service, to carry out this section.
      "(g) Report. - Not later than July 31 of each year, the Secretary
    of the Interior shall submit a report to the Committee on Indian
    Affairs of the Senate and the Committee on Education and Labor [now
    Committee on Education and the Workforce] of the House of
    Representatives on the progress of the Department of the Interior
    in the development of the demonstration schools."

-End-



-CITE-
    25 USC Sec. 2001                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2001. Accreditation for the basic education of Indian children
      in Bureau of Indian Affairs schools

-STATUTE-
    (a) Purpose; declarations of purpose
      (1) Purpose
        The purpose of the accreditation required under this section
      shall be to ensure that Indian students being served by a school
      funded by the Bureau of Indian Affairs are provided with
      educational opportunities that equal or exceed those for all
      other students in the United States.
      (2) Declarations of purpose
        Local school boards for schools operated by the Bureau of
      Indian Affairs, in cooperation and consultation with the
      appropriate tribal governing bodies and their communities, are
      encouraged to adopt declarations of purpose for education for
      their communities, taking into account the implications of such
      declarations on education in their communities and for their
      schools. In adopting such declarations of purpose, the school
      boards shall consider the effect the declarations may have on the
      motivation of students and faculties.
    (b) Accreditation
      (1) Deadline
        (A) In general
          Not later than 24 months after January 8, 2002, each Bureau-
        funded school shall, to the extent that necessary funds are
        provided, be a candidate for accreditation or be accredited - 
            (i) by a tribal accrediting body, if the accreditation
          standards of the tribal accrediting body have been accepted
          by formal action of the tribal governing body and such
          accreditation is acknowledged by a generally recognized State
          certification or regional accrediting agency;
            (ii) by a regional accreditation agency;
            (iii) by State accreditation standards for the State in
          which the Bureau-funded school is located; or
            (iv) in the case of a Bureau-funded school that is located
          on a reservation that is located in more than one State, in
          accordance with the State accreditation standards of one
          State as selected by the tribal government.
        (B) Feasibility study
          Not later than 12 months after January 8, 2002, the Secretary
        of the Interior and the Secretary of Education shall, in
        consultation with Indian tribes, Indian education
        organizations, and accrediting agencies, develop and submit to
        the appropriate committees of Congress a report on the
        desirability and feasibility of establishing a tribal
        accreditation agency that would - 
            (i) review and acknowledge the accreditation standards for
          Bureau-funded schools; and
            (ii) establish accreditation procedures to facilitate the
          application, review of the standards and review processes,
          and recognition of qualified and credible tribal departments
          of education as accrediting bodies serving tribal schools.
      (2) Determination of accreditation to be applied
        The accreditation type applied for each school shall be
      determined by the tribal governing body, or the school board, if
      authorized by the tribal governing body.
      (3) Assistance to school boards
        (A) In general
          The Secretary, through contracts and grants, shall provide
        technical and financial assistance to Bureau-funded schools, to
        the extent that necessary amounts are made available, to enable
        such schools to obtain the accreditation required under this
        subsection, if the school boards request that such assistance,
        in part or in whole, be provided.
        (B) Entities through which assistance may be provided
          The Secretary may provide such assistance directly or through
        the Department of Education, an institution of higher
        education, a private not-for-profit organization or for-profit
        organization, an educational service agency, or another entity
        with demonstrated experience in assisting schools in obtaining
        accreditation.
      (4) Application of current standards during accreditation
        A Bureau-funded school that is seeking accreditation shall
      remain subject to the standards issued under this section (!1)
      and in effect on the day before January 8, 2002, until such time
      as the school is accredited, except that if any of such standards
      are in conflict with the standards of the accrediting agency, the
      standards of such agency shall apply in such case.

      (5) Annual report on unaccredited schools
        Not later than 90 days after the end of each school year, the
      Secretary shall prepare and submit to the Committee on
      Appropriations, the Committee on Education and the Workforce, and
      the Committee on Resources of the House of Representatives and
      the Committee on Appropriations, the Committee on Indian Affairs,
      and the Committee on Health, Education, Labor, and Pensions of
      the Senate, a report concerning unaccredited Bureau-funded
      schools that - 
          (A) identifies those Bureau-funded schools that fail to be
        accredited or to be candidates for accreditation within the
        period provided for in paragraph (1);
          (B) with respect to each Bureau-funded school identified
        under subparagraph (A), identifies the reasons that each such
        school is not accredited or a candidate for accreditation, as
        determined by the appropriate accreditation agency, and a
        description of any possible way in which to remedy such
        nonaccreditation; and
          (C) with respect to each Bureau-funded school for which the
        reported reasons for the lack of accreditation under
        subparagraph (B) are a result of the school's inadequate basic
        resources, contains information and funding requests for the
        full funding needed to provide such schools with accreditation,
        such funds if provided shall be applied to such unaccredited
        school under this paragraph.
      (6) Opportunity to review and present evidence
        (A) In general
          Prior to including a Bureau-funded school in an annual report
        required under paragraph (5), the Secretary shall - 
            (i) ensure that the school has exhausted all administrative
          remedies provided by the accreditation agency; and
            (ii) provide the school with an opportunity to review the
          data on which such inclusion is based.
        (B) Provision of additional information
          If the school board of a school that the Secretary has
        proposed for inclusion in an annual report under paragraph (5)
        believes that such inclusion is in error, the school board may
        provide to the Secretary such information as the board believes
        is in conflict with the information and conclusions of the
        Secretary with respect to the determination to include the
        school in such annual report. The Secretary shall consider such
        information provided by the school board before making a final
        determination concerning the inclusion of the school in any
        such report.
        (C) Publication of accreditation status
          Not later than 30 days after making an initial determination
        to include a school in an annual report under paragraph (5),
        the Secretary shall make public the final determination on the
        accreditation status of the school.
      (7) School plan
        (A) In general
          Not later than 120 days after the date on which a school is
        included in an annual report under paragraph (5), the school
        shall develop a school plan, in consultation with interested
        parties including parents, school staff, the school board, and
        other outside experts (if appropriate), that shall be submitted
        to the Secretary for approval. The school plan shall cover a 3-
        year period and shall - 
            (i) incorporate strategies that address the specific issues
          that caused the school to fail to be accredited or fail to be
          a candidate for accreditation;
            (ii) incorporate policies and practices concerning the
          school that have the greatest likelihood of ensuring that the
          school will obtain accreditation during the 3-year period
          beginning on the date on which the plan is implemented;
            (iii) contain an assurance that the school will reserve the
          necessary funds, from the funds described in paragraph (3),
          for each fiscal year for the purpose of obtaining
          accreditation;
            (iv) specify how the funds described in clause (iii) will
          be used to obtain accreditation;
            (v) establish specific annual, objective goals for
          measuring continuous and significant progress made by the
          school in a manner that will ensure the accreditation of the
          school within the 3-year period described in clause (ii);
            (vi) identify how the school will provide written
          notification about the lack of accreditation to the parents
          of each student enrolled in such school, in a format and, to
          the extent practicable, in a language the parents can
          understand; and
            (vii) specify the responsibilities of the school board and
          any assistance to be provided by the Secretary under
          paragraph (3).
        (B) Implementation
          A school shall implement the school plan under subparagraph
        (A) expeditiously, but in no event later than the beginning of
        the school year following the school year in which the school
        was included in the annual report under paragraph (5) so long
        as the necessary resources have been provided to the school.
        (C) Review of plan
          Not later than 45 days after receiving a school plan, the
        Secretary shall - 
            (i) establish a peer-review process to assist with the
          review of the plan; and
            (ii) promptly review the school plan, work with the school
          as necessary, and approve the school plan if the plan meets
          the requirements of this paragraph.
      (8) Corrective action
        (A) Definition
          In this subsection, the term "corrective action" means any
        action that - 
            (i) substantially and directly responds to - 
              (I) the failure of a school to achieve accreditation; and
              (II) any underlying staffing, curriculum, or other
            programmatic problem in the school that contributed to the
            lack of accreditation; and

            (ii) is designed to increase substantially the likelihood
          that the school will be accredited.
        (B) Waiver
          The Secretary shall grant a waiver which shall exempt a
        school from any or all of the requirements of this paragraph
        and paragraph (7) (though such school shall be required to
        comply with the standards contained in part 36 of title 25,
        Code of Federal Register,(!2) as in effect on January 8, 2002)
        if the school - 

            (i) is identified in the report described in paragraph
          (5)(C); and
            (ii) fails to be accredited for reasons that are beyond the
          control of the school board, as determined by the Secretary,
          including, but not limited to - 
              (I) a significant decline in financial resources;
              (II) the poor condition of facilities, vehicles, or other
            property; and
              (III) a natural disaster.
        (C) Duties of Secretary
          After providing assistance to a school under paragraph (3),
        the Secretary shall - 
            (i) annually review the progress of the school under the
          applicable school plan to determine whether the school is
          meeting, or making adequate progress toward achieving the
          goals described in paragraph (7)(A)(v) with respect to
          reaccreditation or becoming a candidate for accreditation;
            (ii) except as provided in subparagraph (B), continue to
          provide assistance while implementing the school's plan, and,
          if determined appropriate by the Secretary, take corrective
          action with respect to the school if it fails to be
          accredited at the end of the third full year immediately
          following the date that the school's plan was first in effect
          under paragraph (7);
            (iii) provide all students enrolled in a school that is
          eligible for a corrective action determination by the
          Secretary under clause (ii) with the option to transfer to
          another public or Bureau-funded school, including a public
          charter school, that is accredited;
            (iv) promptly notify the parents of children enrolled in a
          school that is eligible for a corrective action determination
          by the Secretary under clause (ii) of the option to transfer
          their child to another public or Bureau-funded school; and
            (v) provide, or pay for the provision of, transportation
          for each student described in clause (iii) to the school
          described in clause (iii) to which the student elects to be
          transferred to the extent funds are available, as determined
          by the tribal governing body.
        (D) Failure of school plan of Bureau-operated school
          With respect to a Bureau-operated school that fails to be
        accredited at the end of the third full year immediately
        following the date that the school's plan was first in effect
        under paragraph (7), the Secretary may take one or more of the
        following corrective actions:
            (i) Institute and fully implement actions suggested by the
          accrediting agency.
            (ii) Consult with the tribe involved to determine the
          causes for the lack of accreditation including potential
          staffing and administrative changes that are or may be
          necessary.
            (iii) Set aside a certain amount of funds that may only be
          used by the school to obtain accreditation.
            (iv)(I) Provide the tribe with a 60-day period during which
          to determine whether the tribe desires to operate the school
          as a contract or grant school before meeting the
          accreditation requirements in section 5207(c) of the Tribally
          Controlled Schools Act of 1988 (!1) at the beginning of the
          next school year following the determination to take
          corrective action. If the tribe agrees to operate the school
          as a contract or grant school, the tribe shall prepare a
          plan, pursuant to paragraph (7), for approval by the
          Secretary in accordance with paragraph (7), to achieve
          accreditation.
            (II) If the tribe declines to assume control of the school,
          the Secretary, in consultation with the tribe, may contract
          with an outside entity, consistent with applicable law, or
          appoint a receiver or trustee to operate and administer the
          affairs of the school until the school is accredited. The
          outside entity, receiver, or trustee shall prepare a plan,
          pursuant to paragraph (7), for approval by the Secretary in
          accordance with paragraph (7).
            (III) Upon accreditation of the school, the Secretary shall
          allow the tribe to continue to operate the school as a grant
          or contract school, or if the school is being controlled by
          an outside entity, provide the tribe with the option to
          assume operation of the school as a contract school, in
          accordance with the Indian Self-Determination Act [25 U.S.C.
          450f et seq.], or as a grant school in accordance with the
          Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et
          seq.], at the beginning of the school year following the
          school year in which the school obtains accreditation. If the
          tribe declines, the Secretary may allow the outside entity,
          receiver, or trustee to continue the operation of the school
          or reassume control of the school.
        (E) Failure of school plan of contract or grant school
          (i) Corrective action
            With respect to a contract or grant school that fails to be
          accredited at the end of the third full year immediately
          following the date that the school's plan was first in effect
          under paragraph (7), the Secretary may take one or more of
          the corrective actions described in subparagraph (D)(i) and
          (D)(ii). The Secretary shall implement such corrective action
          for at least 1 year prior to taking any action described
          under clause (ii).
          (ii) Outside entity
            If the corrective action described in clause (i) does not
          result in accreditation of the school, the Secretary, in
          conjunction with the tribal governing body, may contract with
          an outside entity to operate the school in order to achieve
          accreditation of the school within 2 school years. Prior to
          entering into such a contract, the Secretary shall develop a
          proposal for such operation which shall include, at a
          minimum, the following elements:
              (I) The identification of one or more outside entities
            each of which has demonstrated to the Secretary its ability
            to develop a satisfactory plan for achieving accreditation
            and its willingness and availability to undertake such a
            plan.
              (II) A plan for implementing operation of the school by
            such an outside entity, including the methodology for
            oversight and evaluation of the performance of the outside
            entity by the Secretary and the tribe.
          (iii) Proposal amendments
            The tribal governing body shall have 60 days to amend the
          plan developed pursuant to clause (ii), including identifying
          another outside entity to operate the school. The Secretary
          shall reach agreement with the tribal governing body on the
          proposal and any such amendments to the plan not later than
          30 days after the expiration of the 60-day period described
          in the preceding sentence. After the approval of the proposal
          and any amendments, the Secretary, with continuing
          consultation with such tribal governing body, shall implement
          the proposal.
          (iv) Accreditation
            Upon accreditation of the school, the tribe shall have the
          option to assume the operation and administration of the
          school as a contract school after complying with the Indian
          Self-Determination Act [25 U.S.C. 450f et seq.], or as a
          grant school, after complying with the Tribally Controlled
          Schools Act of 1988 [25 U.S.C. 2501 et seq.], at the
          beginning of the school year following the year in which the
          school obtains accreditation.
          (v) Retrocede
            Nothing in this subparagraph shall limit a tribe's right to
          retrocede operation of a school to the Secretary pursuant to
          section 105(e) of the Indian Self-Determination Act [25
          U.S.C. 450j(e)] (with respect to a contract school) or
          section 5204(f) of the Tribally Controlled Schools Act of
          1988 (!1) (with respect to a grant school).
          (vi) Consistent
            The provisions of this subparagraph shall be construed to
          be consistent with the provisions of the Tribally Controlled
          Schools Act of 1988 [25 U.S.C. 2501 et seq.] and the Indian
          Self-Determination Act [25 U.S.C. 450f et seq.] as in effect
          on the day before January 8, 2002, and shall not be construed
          as expanding the authority of the Secretary under any other
          law.
        (F) Hearing
          With respect to a school that is operated pursuant to a
        grant, or a school that is operated under a contract under the
        Indian Self-Determination Act [25 U.S.C. 450f et seq.], prior
        to implementing any corrective action under this paragraph, the
        Secretary shall provide notice and an opportunity for a hearing
        to the affected school pursuant to section 5207 of the Tribally
        Controlled Schools Act of 1988.(!1)
      (9) Statutory construction
        Nothing in this section shall be construed to alter or
      otherwise affect the rights, remedies, and procedures afforded to
      school employees under applicable law (including applicable
      regulations or court orders) or under the terms of any collective
      bargaining agreement, memorandum of understanding, or other
      agreement between such employees and their employers.
      (10) Fiscal control and fund accounting standards
        The Bureau shall, either directly or through contract with an
      Indian organization, establish a consistent system of reporting
      standards for fiscal control and fund accounting for all contract
      and grant schools. Such standards shall provide data comparable
      to those used by Bureau-operated schools.
    (c) Annual plan
      (1) In general
        Except as provided in subsection (b) of this section, the
      Secretary shall implement the standards in effect under this
      section (!1) on the day before January 8, 2002.
      (2) Plan
        On an annual basis, the Secretary shall submit to the
      appropriate committees of Congress, all Bureau-funded schools,
      and the tribal governing bodies of such schools a detailed plan
      to ensure that all Bureau-funded schools are accredited, or if
      such schools are in the process of obtaining accreditation that
      such schools meet the Bureau standards in effect on the day
      before January 8, 2002, to the extent that such standards do not
      conflict with the standards of the accrediting agency. Such plan
      shall include detailed information on the status of each school's
      educational program in relation to the applicable standards,
      specific cost estimates for meeting such standards at each
      school, and specific timelines for bringing each school up to the
      level required by such standards.
    (d) Closure or consolidation of schools
      (1) In general
        Except as specifically required by law - 
          (A) no Bureau-funded school or dormitory operated on or after
        January 1, 1992, may be closed, consolidated, or transferred to
        another authority; and
          (B) no program of such a school may be substantially
        curtailed except in accordance with the requirements of this
        subsection.
      (2) Exceptions
        This subsection (other than this paragraph) shall not apply - 
          (A) in those cases in which the tribal governing body for a
        school, or the local school board concerned (if designated by
        the tribal governing body to act under this paragraph),
        requests the closure, consolidation, or substantial
        curtailment; or
          (B) if a temporary closure, consolidation, or substantial
        curtailment is required by facility conditions that constitute
        an immediate hazard to health and safety.
      (3) Regulations
        The Secretary shall, by regulation, promulgate standards and
      procedures for the closure, transfer to another authority,
      consolidation, or substantial curtailment of Bureau schools, in
      accordance with the requirements of this subsection.
      (4) Notice
        (A) In general
          In a case in which closure, transfer to another authority,
        consolidation, or substantial curtailment of a school is under
        active consideration or review by any division of the Bureau or
        the Department of the Interior, the affected tribe, tribal
        governing body, and designated local school board will be
        notified immediately in writing, kept fully and currently
        informed, and afforded an opportunity to comment with respect
        to such consideration or review.
        (B) Decision to close
          If a formal decision is made to close, transfer to another
        authority, consolidate, or substantially curtail a school, the
        affected tribe, tribal governing body, and designated school
        board shall be notified not later than 180 days before the end
        of the school year preceding the proposed closure date.
        (C) Copies
          Copies of any such notices and information shall be - 
            (i) submitted promptly to the appropriate committees of
          Congress; and
            (ii) published in the Federal Register.
      (5) Report
        The Secretary shall submit to the appropriate committees of
      Congress, the affected tribe, and the designated school board, a
      report describing the process of the active consideration or
      review referred to in paragraph (4) that includes - 
          (A) a study of the impact of such action on the student
        population;
          (B) a description of those students with particular
        educational and social needs;
          (C) recommendations to ensure that alternative services are
        available to such students; and
          (D) a description of the consultation conducted between the
        potential service provider, current service provider, parents,
        tribal representatives and the tribe or tribes involved, and
        the Director of the Office of Indian Education Programs within
        the Bureau regarding such students.
      (6) Limitation on certain actions
        No irrevocable action may be taken in furtherance of any such
      proposed school closure, transfer to another authority,
      consolidation, or substantial curtailment (including any action
      which would prejudice the personnel or programs of such school)
      prior to the end of the first full academic year after such
      report is made.
      (7) Approval of Indian tribes
        The Secretary shall not terminate, close, consolidate,
      contract, transfer to another authority, or take any other action
      relating to an elementary school or secondary school (or any
      program of such a school) of an Indian tribe without the approval
      of the governing body of any Indian tribe that would be affected
      by such an action.
    (e) Application for contracts or grants for non-Bureau-funded
      schools or expansion of Bureau-funded schools
      (1) Review by Secretary
        (A) Consideration of factors
          (i) In general
            The Secretary shall consider only the factors described in
          subparagraph (B) in reviewing - 
              (I) applications from any tribe for the awarding of a
            contract or grant for a school that is not a Bureau-funded
            school; and
              (II) applications from any tribe or school board of any
            Bureau-funded school for - 
                (aa) a school which is not a Bureau-funded school; or
                (bb) the expansion of a Bureau-funded school which
              would increase the amount of funds received by the Indian
              tribe or school board under section 2007 of this title.
          (ii) No denial based on geographic proximity
            With respect to applications described in this
          subparagraph, the Secretary shall give consideration to all
          factors described in subparagraph (B), but no such
          application shall be denied based primarily upon the
          geographic proximity of comparable public education.
        (B) Factors
          With respect to applications described in subparagraph (A),
        the Secretary shall consider the following factors relating to
        the program and services that are the subject of the
        application:
            (i) The adequacy of the facilities or the potential to
          obtain or provide adequate facilities.
            (ii) Geographic and demographic factors in the affected
          areas.
            (iii) The adequacy of the applicant's program plans or, in
          the case of a Bureau-funded school, of projected needs
          analysis done either by the tribe or the Bureau.
            (iv) Geographic proximity of comparable public education.
            (v) The stated needs of all affected parties, including
          students, families, tribal governments at both the central
          and local levels, and school organizations.
            (vi) Adequacy and comparability of programs already
          available.
            (vii) Consistency of available programs with tribal
          educational codes or tribal legislation on education.
            (viii) The history and success of those services for the
          proposed population to be served, as determined from all
          factors, including standardized examination performance.
      (2) Determination on application
        (A) In general
          Not later than 180 days after the date on which an
        application described in paragraph (1)(A) is submitted to the
        Secretary, the Secretary shall make a determination of whether
        to approve the application.
        (B) Failure to make determination
          If the Secretary fails to make a determination with respect
        to an application by the date described in subparagraph (A),
        the application shall be deemed to have been approved by the
        Secretary.
      (3) Requirements for applications
        (A) In general
          Notwithstanding paragraph (2)(B), an application described in
        paragraph (1)(A) may be approved by the Secretary only if - 
            (i) the application has been approved by the tribal
          governing body of the students served by (or to be served by)
          the school or program that is the subject of the application;
          and
            (ii) written evidence of such approval is submitted with
          the application.
        (B) Included information
          Each application described in paragraph (1)(A) shall include
        information concerning each of the factors described in
        paragraph (1)(B).
      (4) Denial of applications
        If the Secretary denies an application described in paragraph
      (1)(A), the Secretary shall - 
          (A) state the objections to the application in writing to the
        applicant not later than 180 days after the date the
        application is submitted to the Secretary;
          (B) provide assistance to the applicant to overcome the
        stated objections;
          (C) provide to the applicant a hearing on the record
        regarding the denial, under the same rules and regulations as
        apply under the Indian Self-Determination and Education
        Assistance Act [25 U.S.C. 450 et seq.]; and
          (D) provide to the applicant a notice of the applicant's
        appeals rights and an opportunity to appeal the decision
        resulting from the hearing under subparagraph (D).
      (5) Effective date of a subject application
        (A) In general
          Except as otherwise provided in this paragraph, an action
        that is the subject of any application described in paragraph
        (1)(A) that is approved by the Secretary shall become effective
        - 
            (i) at the beginning of the academic year following the
          fiscal year in which the application is approved; or
            (ii) at an earlier date determined by the Secretary.
        (B) Applications deemed approved
          If an application is deemed to have been approved by the
        Secretary under paragraph (2)(B), the action that is the
        subject of the application shall become effective - 
            (i) on the date that is 18 months after the date on which
          the application is submitted to the Secretary; or
            (ii) at an earlier date determined by the Secretary.
      (6) Statutory construction
        Nothing in this section or any other provision of law, shall be
      construed to preclude the expansion of grades and related
      facilities at a Bureau-funded school, if such expansion is paid
      for with non-Bureau funds. Subject to the availability of
      appropriated funds the Secretary is authorized to provide the
      necessary funds needed to supplement the cost of operations and
      maintenance of such expansion.
    (f) Joint administration
      Administrative, transportation, and program cost funds received
    by Bureau-funded schools, and any program from the Department of
    Education or any other Federal agency for the purpose of providing
    education or related services, and other funds received for such
    education and related services from nonfederally funded programs,
    shall be apportioned and the funds shall be retained at the school.
    (g) General use of funds
      Funds received by Bureau-funded schools from the Bureau of Indian
    Affairs, and under any program from the Department of Education or
    any other Federal agency, for the purpose of providing education or
    related services may be used for schoolwide projects to improve the
    educational program for all Indian students.
    (h) Study on adequacy of funds and formulas
      (1) Study
        The Comptroller General of the United States shall conduct a
      study to determine the adequacy of funding, and formulas used by
      the Bureau to determine funding, for programs operated by Bureau-
      funded schools, taking into account unique circumstances
      applicable to Bureau-funded schools. The study shall analyze
      existing information gathered and contained in germane studies
      that have been conducted or are currently being conducted with
      regard to Bureau-funded schools.
      (2) Action
        Upon completion of the study, the Secretary of the Interior
      shall take such action as necessary to ensure distribution of the
      findings of the study to all affected Indian tribes, local school
      boards, and associations of local school boards.

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1121, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2007; amended Pub. L.
    109-54, title I, Sec. 127, Aug. 2, 2005, 119 Stat. 525.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This section, referred to in subsec. (b)(4) and the second place
    appearing in subsec. (c)(1), mean section 1121 of Pub. L. 95-561,
    prior to the general amendment of this chapter by Pub. L. 107-110.
    See Prior Provisions notes below.
      The Indian Self-Determination Act, referred to in subsec.
    (b)(8)(D) to (F), is title I of Pub. L. 93-638, Jan. 4, 1975, 88
    Stat. 2206, as amended, which is classified principally to part A
    (Sec. 450f et seq.) of subchapter II 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 Tribally Controlled Schools Act of 1988, referred to in
    subsec. (b)(8)(D) to (F), is part B (Secs. 5201-5212) of title V of
    Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 385, as amended, which is
    classified generally to chapter 27 (Sec. 2501 et seq.) of this
    title. Sections 5204 and 5207 of the Act were classified to
    sections 2503 and 2506, respectively, of this title, prior to
    repeal by Pub. L. 107-110, title X, Sec. 1043, Jan. 8, 2002, 115
    Stat. 2063. Pub. L. 107-110 enacted new sections 5204 and 5207
    which are classified to sections 2503 and 2506, respectively, of
    this title. Pub. L. 107-110 enacted new sections 5203 and 5206 of
    Pub. L. 100-297, relating to subject matter similar to that of
    former sections 5204 and 5207, respectively, which are classified
    to sections 2502 and 2505, respectively, of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 2501 of this title and Tables.
      The Indian Self-Determination and Education Assistance Act
    referred to in subsec. (e)(4)(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.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2001, Pub. L. 95-561, title XI, Sec. 1121, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 3979; amended Pub. L. 104-134, title I, Sec. 101(d) [title
    VII, Sec. 703(d)], Apr. 26, 1996, 110 Stat. 1321-211, 1321-255;
    renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110
    Stat. 1327; Pub. L. 105-362, title VIII, Sec. 801(c)(1), Nov. 10,
    1998, 112 Stat. 3287, related to standards for basic education of
    Indian children in Bureau of Indian Affairs schools, prior to the
    general amendment of this chapter by Pub. L. 107-110.
      Another prior section 2001, Pub. L. 95-561, title XI, Sec. 1121,
    Nov. 1, 1978, 92 Stat. 2316; Pub. L. 96-46, Sec. 2(b)(2)-(4), Aug.
    6, 1979, 93 Stat. 341; Pub. L. 96-88, title III, Sec. 301(a)(1),
    title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 692; Pub. L. 98-
    511, title V, Sec. 502, Oct. 19, 1984, 98 Stat. 2391; Pub. L. 99-
    89, Sec. 2, Aug. 15, 1985, 99 Stat. 379; Pub. L. 99-570, title IV,
    Sec. 4133(b)(3), Oct. 27, 1986, 100 Stat. 3207-134; Pub. L. 100-
    297, title V, Secs. 5102, 5104, Apr. 28, 1988, 102 Stat. 363, 365;
    Pub. L. 100-427, Sec. 1(a), (b), Sept. 9, 1988, 102 Stat. 1603;
    Pub. L. 102-531, title III, Sec. 312(b), Oct. 27, 1992, 106 Stat.
    3504, related to standards for basic education of Indian children
    in Bureau or contract schools, prior to the general amendment of
    this chapter by Pub. L. 103-382.

                                AMENDMENTS                            
      2005 - Subsec. (d)(7). Pub. L. 109-54 added par. (7) and struck
    out heading and text of former par. (7). Text read as follows: "The
    Secretary may, with the approval of the tribal governing body,
    terminate, contract, transfer to any other authority, consolidate,
    or substantially curtail the operation or facilities of - 
        "(A) any Bureau-funded school that is operated on or after
      January 1, 1999;
        "(B) any program of such a school that is operated on or after
      January 1, 1999; or
        "(C) any school board of a school operated under a grant under
      the Tribally Controlled Schools Act of 1988."

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

    (!2) So in original. Probably should be "Regulations,".


-End-



-CITE-
    25 USC Sec. 2002                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2002. National criteria for home-living situations

-STATUTE-
    (a) Revision of standards
      (1) In general
        The Secretary, in consultation with the Secretary of Education,
      Indian organizations and tribes, and Bureau-funded schools, shall
      revise the national standards for home-living (dormitory)
      situations to include such factors as heating, lighting, cooling,
      adult-child ratios, needs for counselors (including special needs
      related to off-reservation home-living (dormitory) situations),
      therapeutic programs, space, and privacy.
      (2) Implementation
        Such standards shall be implemented in Bureau-operated schools,
      and shall serve as minimum standards for contract or grant
      schools.
      (3) Revision after establishment
        Once established, any revisions of such standards shall be
      developed according to the requirements established under section
      2017 of this title.
    (b) Implementation
      The Secretary shall implement the revised standards established
    under this section immediately upon completion of the standards.
    (c) Plan
      (1) In general
        The Secretary shall submit to the appropriate committees of
      Congress, the tribes, and the affected schools, and publish in
      the Federal Register, a detailed plan to bring all Bureau-funded
      schools that provide home-living (dormitory) situations up to the
      standards established under this section.
      (2) Components of plan
        The plan described in paragraph (1) shall include - 
          (A) a statement of the relative needs of each Bureau-funded
        home-living (dormitory) school;
          (B) projected future needs of each Bureau-funded home-living
        (dormitory) school;
          (C) detailed information on the status of each school in
        relation to the standards established under this section;
          (D) specific cost estimates for meeting each standard for
        each such school;
          (E) aggregate cost estimates for bringing all such schools
        into compliance with the criteria established under this
        section; and
          (F) specific timelines for bringing each school into
        compliance with such standards.
    (d) Waiver
      (1) In general
        A tribal governing body or local school board may, in
      accordance with this subsection, waive the standards established
      under this section for a school described in subsection (a) of
      this section.
      (2) Inappropriate standards
        (A) In general
          A tribal governing body, or the local school board so
        designated by the tribal governing body, may waive, in whole or
        in part, the standards established under this section if such
        standards are determined by such body or board to be
        inappropriate for the needs of students from that tribe.
        (B) Alternative standards
          The tribal governing body or school board involved shall, not
        later than 60 days after providing a waiver under subparagraph
        (A) for a school, submit to the Director a proposal for
        alternative standards that take into account the specific needs
        of the tribe's children. Such alternative standards shall be
        established by the Director for the school involved unless
        specifically rejected by the Director for good cause and in
        writing provided to the affected tribes or local school board.
    (e) Closure for failure to meet standards prohibited
      No school in operation on or before July 1, 1999 (regardless of
    compliance or noncompliance with the standards established under
    this section), may be closed, transferred to another authority, or
    consolidated, and no program of such a school may be substantially
    curtailed, because the school failed to meet such standards.

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1122, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2018.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2002, Pub. L. 95-561, title XI, Sec. 1122, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 3984; amended Pub. L. 105-362, title VIII, Sec. 801(c)(2),
    Nov. 10, 1998, 112 Stat. 3288, related to national criteria for
    dormitory situations, prior to the general amendment of this
    chapter by Pub. L. 107-110.
      Another prior section 2002, Pub. L. 95-561, title XI, Sec. 1122,
    Nov. 1, 1978, 92 Stat. 2318; Pub. L. 96-46, Sec. 2(b)(5), Aug. 6,
    1979, 93 Stat. 341; Pub. L. 96-88, title III, Sec. 301(a)(1), title
    V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 692; Pub. L. 100-297,
    title V, Sec. 5105, Apr. 28, 1988, 102 Stat. 367, related to
    national criteria for dormitory situations, prior to the general
    amendment of this chapter by Pub. L. 103-382.

-End-



-CITE-
    25 USC Sec. 2003                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2003. Codification of regulations

-STATUTE-
    (a) Part 32 of Title 25, Code of Federal Regulations
      The provisions of part 32 of title 25, Code of Federal
    Regulations, as in effect on January 1, 1987, are incorporated into
    this Act and shall be treated as though such provisions are set
    forth in this subsection. Such provisions may be altered only by
    means of an Act of Congress. To the extent that such provisions of
    part 32 do not conform with this Act or any statutory provision of
    law enacted before November 1, 1978, the provisions of this Act and
    the provisions of such other statutory law shall govern.
    (b) Definition of regulation
      In this section, the term "regulation" means any rule,
    regulation, guideline, interpretation, order, or requirement of
    general applicability prescribed by any officer or employee of the
    executive branch.

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1123, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2019.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (a), means Pub. L. 95-561, Nov.
    1, 1978, 92 Stat. 2143, as amended, known as the Education
    Amendments of 1978. 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.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2003, Pub. L. 95-561, title XI, Sec. 1123, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 3985, related to the incorporation of regulations into, or
    the application of regulations to, Pub. L. 95-561, prior to the
    general amendment of this chapter by Pub. L. 107-110.
      Another prior section 2003, Pub. L. 95-561, title XI, Sec. 1123,
    Nov. 1, 1978, 92 Stat. 2319; Pub. L. 100-297, title V, Sec. 5106,
    Apr. 28, 1988, 102 Stat. 367, related to the incorporation of
    regulations into, or the application of regulations to, Pub. L. 95-
    561, prior to the general amendment of this chapter by Pub. L. 103-
    382.

-End-



-CITE-
    25 USC Sec. 2004                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2004. School boundaries

-STATUTE-
    (a) Establishment by Secretary
      The Secretary shall establish, by regulation, separate
    geographical attendance areas for each Bureau-funded school.
    (b) Establishment by tribal body
      In any case where there is more than one Bureau-funded school
    located on an Indian reservation, at the direction of the tribal
    governing body, the relevant school boards of the Bureau-funded
    schools on the reservation may, by mutual consent, establish the
    relevant attendance areas for such schools, subject to the approval
    of the tribal governing body. Any such boundaries so established
    shall be accepted by the Secretary.
    (c) Boundary revisions
      (1) Notice
        On or after July 1, 2001, no geographical attendance area shall
      be revised or established with respect to any Bureau-funded
      school unless the tribal governing body or the local school board
      concerned (if so designated by the tribal governing body) has
      been afforded - 
          (A) at least 6 months notice of the intention of the Bureau
        to revise or establish such attendance area; and
          (B) the opportunity to propose alternative boundaries.
      (2) Revision process
        Any tribe may petition the Secretary for revision of existing
      attendance area boundaries. The Secretary shall accept such
      proposed alternative or revised boundaries unless the Secretary
      finds, after consultation with the affected tribe or tribes, that
      such revised boundaries do not reflect the needs of the Indian
      students to be served or do not provide adequate stability to all
      of the affected programs. The Secretary shall cause such
      revisions to be published in the Federal Register.
      (3) Tribal resolution determination
        Nothing in this section shall deny a tribal governing body the
      authority, on a continuing basis, to adopt a tribal resolution
      allowing parents the choice of the Bureau-funded school their
      children may attend, regardless of the attendance boundaries
      established under this section.
    (d) Funding restrictions
      (1) In general
        The Secretary shall not deny funding to a Bureau-funded school
      for any eligible Indian student attending the school solely
      because that student's home or domicile is outside of the
      geographical attendance area established for that school under
      this section.
      (2) Transportation
        No funding shall be made available without tribal authorization
      to enable a school to provide transportation for any student to
      or from the school and a location outside the approved attendance
      area of the school.
    (e) Reservation as boundary
      When there is only one Bureau-funded program located on an Indian
    reservation - 
        (1) the attendance area for the program shall be the boundaries
      (established by treaty, agreement, legislation, court decisions,
      or executive decisions and as accepted by the tribe) of the
      reservation served; and
        (2) those students residing near the reservation shall also
      receive services from such program.
    (f) Off-reservation home-living (dormitory) schools
      (1) In general
        Notwithstanding any geographical attendance areas, attendance
      at off-reservation home-living (dormitory) schools shall include
      students requiring special emphasis programs to be implemented at
      each off-reservation home-living (dormitory) school.
      (2) Coordination
        Such attendance shall be coordinated between education line
      officers, the family, and the referring and receiving programs.

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1124, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2019.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2004, Pub. L. 95-561, title XI, Sec. 1124, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 3986, related to school boundaries, prior to the general
    amendment of this chapter by Pub. L. 107-110.
      Another prior section 2004, Pub. L. 95-561, title XI, Sec. 1124,
    Nov. 1, 1978, 92 Stat. 2319; Pub. L. 98-511, title V, Sec. 503,
    Oct. 19, 1984, 98 Stat. 2393; Pub. L. 99-89, Sec. 3, Aug. 15, 1985,
    99 Stat. 380; Pub. L. 100-297, title V, Sec. 5120, Apr. 28, 1988,
    102 Stat. 384, related to school boundaries, prior to the general
    amendment of this chapter by Pub. L. 103-382.

-End-



-CITE-
    25 USC Sec. 2005                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2005. Facilities construction

-STATUTE-
    (a) National survey of facilities conditions
      (1) In general
        Not later than 12 months after January 8, 2002, the Government
      Accountability Office shall compile, collect, and secure the data
      that are needed to prepare a national survey of the physical
      conditions of all Bureau-funded school facilities.
      (2) Data and methodologies
        In preparing the national survey required under paragraph (1),
      the Government Accountability Office shall use the following data
      and methodologies:
          (A) The existing Department of Defense formula for
        determining the condition and adequacy of Department of Defense
        facilities.
          (B) Data related to conditions of Bureau-funded schools that
        has previously been compiled, collected, or secured from
        whatever source derived so long as the data are accurate,
        relevant, timely, and necessary to the survey.
          (C) The methodologies of the American Institute of
        Architects, or other accredited and reputable architecture or
        engineering associations.
      (3) Consultations
        (A) In general
          In carrying out the survey required under paragraph (1), the
        Government Accountability Office shall, to the maximum extent
        practicable, consult (and if necessary contract) with national,
        regional, and tribal Indian education organizations to ensure
        that a complete and accurate national survey is achieved.
        (B) Requests for information
          All Bureau-funded schools shall comply with reasonable
        requests for information by the Government Accountability
        Office and shall respond to such requests in a timely fashion.
      (4) Submission
        Not later than 2 years after January 8, 2002, the Government
      Accountability Office shall submit the results of the national
      survey conducted under paragraph (1) to the Committee on Indian
      Affairs, the Committee on Health, Education, Labor, and Pensions,
      and the Committee on Appropriations of the Senate and the
      Committee on Resources, the Committee on Education and the
      Workforce, and the Committee on Appropriations of the House of
      Representatives and to the Secretary. The Secretary shall submit
      the results of the national survey to school boards of Bureau-
      funded schools and their respective tribes.
      (5) Negotiated rulemaking committee
        (A) In general
          Not later than 6 months after the date on which the
        submission is made under paragraph (4), the Secretary shall
        establish a negotiated rulemaking committee pursuant to section
        2018(b)(3) of this title. The negotiated rulemaking committee
        shall prepare and submit to the Secretary the following:
            (i) A catalog of the condition of school facilities at all
          Bureau-funded schools that - 
              (I) incorporates the findings from the Government
            Accountability Office study evaluating and comparing school
            systems of the Department of Defense and the Bureau of
            Indian Affairs;
              (II) rates such facilities with respect to the rate of
            deterioration and useful life of structures and major
            systems;
              (III) establishes a routine maintenance schedule for each
            facility;
              (IV) identifies the complementary educational facilities
            that do not exist but that are needed; and
              (V) makes projections on the amount of funds needed to
            keep each school viable, consistent with the accreditation
            standards required pursuant to this Act.

            (ii) A school replacement and new construction report that
          determines replacement and new construction need, and a
          formula for the equitable distribution of funds to address
          such need, for Bureau-funded schools. Such formula shall
          utilize necessary factors in determining an equitable
          distribution of funds, including - 
              (I) the size of school;
              (II) school enrollment;
              (III) the age of the school;
              (IV) the condition of the school;
              (V) environmental factors at the school; and
              (VI) school isolation.

            (iii) A renovation repairs report that determines
          renovation need (major and minor), and a formula for the
          equitable distribution of funds to address such need, for
          Bureau-funded schools. Such report shall identify needed
          repairs or renovations with respect to a facility, or a part
          of a facility, or the grounds of the facility, to remedy a
          need based on disabilities access or health and safety
          changes to a facility. The formula developed shall utilize
          necessary factors in determining an equitable distribution of
          funds, including the factors described in clause (ii).
        (B) Submission of reports
          Not later than 24 months after the negotiated rulemaking
        committee is established under subparagraph (A), the reports
        described in clauses (ii) and (iii) of subparagraph (A) shall
        be submitted to the committees of Congress referred to in
        paragraph (4), the national and regional Indian education
        organizations, and to all school boards of Bureau-funded
        schools and their respective tribes.
      (6) Facilities information systems support database
        The Secretary shall develop a Facilities Information Systems
      Support Database to maintain and update the information contained
      in the reports under clauses (ii) and (iii) of paragraph (5)(A)
      and the information contained in the survey conducted under
      paragraph (1). The system shall be updated every 3 years by the
      Bureau of Indian Affairs and monitored by Government
      Accountability Office, and shall be made available to school
      boards of Bureau-funded schools and their respective tribes, and
      Congress.
    (b) Compliance with health and safety standards
      (1) In general
        The Secretary shall immediately begin to bring all schools,
      dormitories, and other Indian education-related facilities
      operated by the Bureau or under contract or grant with the
      Bureau, into compliance with - 
          (A) all applicable tribal, Federal, or State health and
        safety standards, whichever provides greater protection (except
        that the tribal standards to be applied shall be no greater
        than any otherwise applicable Federal or State standards);
          (B) section 794 of title 29; and
          (C) the Americans with Disabilities Act of 1990 [42 U.S.C.
        12101 et seq.].
      (2) No termination required
        Nothing in this subsection requires termination of the
      operations of any facility that - 
          (A) does not comply with the provisions and standards
        described in paragraph (1); and
          (B) is in use on January 8, 2002.
    (c) Compliance plan
      At the time that the annual budget request for Bureau educational
    services is presented, the Secretary shall submit to the
    appropriate committees of Congress a detailed plan to bring all
    facilities covered under subsection (a) of this section into
    compliance with the standards referred to in that subsection that
    includes - 
        (1) detailed information on the status of each facility's
      compliance with such standards;
        (2) specific cost estimates for meeting such standards at each
      school; and
        (3) specific timelines for bringing each school into compliance
      with such standards.
    (d) Construction priorities
      (1) System to establish priorities
        On an annual basis, the Secretary shall submit to the
      appropriate committees of Congress and cause to be published in
      the Federal Register, the system used to establish priorities for
      replacement and construction projects for Bureau-funded schools
      and home-living schools, including boarding schools and
      dormitories. At the time any budget request for education is
      presented, the Secretary shall publish in the Federal Register
      and submit with the budget request the current list of all Bureau-
      funded school construction priorities.
      (2) Long-term construction and replacement list
        In addition to the plan submitted under subsection (c) of this
      section, the Secretary shall - 
          (A) not later than 18 months after January 8, 2002, establish
        a long-term construction and replacement list for all Bureau-
        funded schools;
          (B) using the list prepared under subparagraph (A), propose a
        list for the orderly replacement of all Bureau-funded education-
        related facilities over a period of 40 years to enable
        planning and scheduling of budget requests;
          (C) cause the list prepared under subparagraph (B) to be
        published in the Federal Register and allow a period of not
        less than 120 days for public comment;
          (D) make such revisions to the list prepared under
        subparagraph (B) as are appropriate based on the comments
        received; and
          (E) cause the final list to be published in the Federal
        Register.
      (3) Effect on other list
        Nothing in this section shall interfere with or change in any
      way the construction priority list as it existed on the day
      before January 8, 2002.
    (e) Hazardous condition at Bureau-funded school
      (1) Closure, consolidation, or curtailment
        (A) In general
          A Bureau-funded school may be closed or consolidated, or the
        programs of a Bureau-funded school may be substantially
        curtailed, by reason of facility conditions that constitute an
        immediate hazard to health and safety only if a health and
        safety officer of the Bureau and an individual designated at
        the beginning of the school year by the tribe involved under
        subparagraph (B) determine that such conditions exist at a
        facility of the Bureau-funded school.
        (B) Designation of individual by tribe
          To be designated by a tribe for purposes of subparagraph (A),
        an individual shall - 
            (i) be a licensed or certified facilities safety inspector;
            (ii) have demonstrated experience in the inspection of
          facilities for health and safety purposes with respect to
          occupancy; or
            (iii) have a significant educational background in the
          health and safety of facilities with respect to occupancy.
        (C) Inspection
          After making a determination described in subparagraph (A),
        the Bureau health and safety officer and the individual
        designated by the tribe shall conduct an inspection of the
        conditions of such facility in order to determine whether
        conditions at such facility constitute an immediate hazard to
        health and safety. Such inspection shall be completed as
        expeditiously as practicable, but not later than 20 days after
        the date on which the action described in subparagraph (A) is
        taken.
        (D) Failure to concur
          If the Bureau health and safety officer, and the individual
        designated by the tribe, conducting the inspection of a
        facility required under subparagraph (C) do not concur that
        conditions at the facility constitute an immediate hazard to
        health and safety, such officer and individual shall
        immediately notify the tribal governing body and provide
        written information related to their determinations.
        (E) Consideration by tribal governing body
          Not later than 10 days after a tribal governing body receives
        notice under subparagraph (D), the tribal governing body shall
        consider all information relating to the determinations of the
        Bureau health and safety officer and the individual designated
        by the tribe and make a determination regarding the closure,
        consolidation, or curtailment involved.
        (F) Agreement to close, consolidate, or curtail
          (i) In general
            If the Bureau health and safety officer and the individual
          designated by the tribe conducting the inspection of a
          facility required under subparagraph (C), concur that
          conditions at the facility constitute an immediate hazard to
          health and safety, or if the tribal governing body makes such
          a determination under subparagraph (E), the facility involved
          shall be closed immediately.
          (ii) Reopening of facility if no immediate hazard found to
            exist
            If the Bureau health and safety officer or the individual
          designated by the tribe conducting the inspection of a
          facility required under subparagraph (C) determines that
          conditions at the facility do not constitute an immediate
          hazard to health and safety, any consolidation or curtailment
          that was made under this paragraph shall immediately cease
          and any school closed by reason of conditions at the facility
          shall be reopened immediately.
        (G) General closure report
          If a Bureau-funded school is temporarily closed or
        consolidated or the programs of a Bureau-funded school are
        temporarily substantially curtailed under this subsection and
        the Secretary determines that the closure, consolidation, or
        curtailment will exceed 1 year, the Secretary shall submit to
        the appropriate committees of Congress, the affected tribe, and
        the local school board, not later than 90 days after the date
        on which the closure, consolidation, or curtailment was
        initiated, a report that specifies - 
            (i) the reasons for such temporary action;
            (ii) the actions the Secretary is taking to eliminate the
          conditions that constitute the hazard;
            (iii) an estimated date by which the actions described in
          clause (ii) will be concluded; and
            (iv) a plan for providing alternate education services for
          students enrolled at the school that is to be closed.
      (2) Nonapplication of certain standards for temporary facility
        use
        (A) Classroom activities
          The Secretary shall permit the local school board to
        temporarily utilize facilities adjacent to the school, or
        satellite facilities, if such facilities are suitable for
        conducting classroom activities. In permitting the use of
        facilities under the preceding sentence, the Secretary may
        waive applicable minor standards under section 2001 of this
        title relating to such facilities (such as the required number
        of exit lights or configuration of restrooms) so long as such
        waivers do not result in the creation of an environment that
        constitutes an immediate and substantial threat to the health,
        safety, and life of students and staff.
        (B) Administrative activities
          The provisions of subparagraph (A) shall apply with respect
        to administrative personnel if the facilities involved are
        suitable for activities performed by such personnel.
        (C) Temporary
          In this paragraph, the term "temporary" means - 
            (i) with respect to a school that is to be closed for not
          more than 1 year, 3 months or less; and
            (ii) with respect to a school that is to be closed for not
          less than 1 year, a time period determined appropriate by the
          Bureau.
      (3) Treatment of closure
        Any closure of a Bureau-funded school under this subsection for
      a period that exceeds 30 days but is less than 1 year, shall be
      treated by the Bureau as an emergency facility improvement and
      repair project.
      (4) Use of funds
        With respect to a Bureau-funded school that is closed under
      this subsection, the tribal governing body, or the designated
      local school board of each Bureau-funded school, involved may
      authorize the use of funds allocated pursuant to section 2007 of
      this title, to abate the hazardous conditions without further
      action by Congress.
    (f) Funding requirement
      (1) Distribution of funds
        Beginning with the first fiscal year following January 8, 2002,
      all funds appropriated to the budget accounts for the operations
      and maintenance of Bureau-funded schools shall be distributed by
      formula to the schools. No funds from these accounts may be
      retained or segregated by the Bureau to pay for administrative or
      other costs of any facilities branch or office, at any level of
      the Bureau.
      (2) Requirements for certain uses
        No funds shall be withheld from the distribution to the budget
      of any school operated under contract or grant by the Bureau for
      maintenance or any other facilities or road-related purpose,
      unless such school has consented, as a modification to the
      contract or in writing for grants schools, to the withholding of
      such funds, including the amount thereof, the purpose for which
      the funds will be used, and the timeline for the services to be
      provided. The school may, at the end of any fiscal year, cancel
      an agreement under this paragraph upon giving the Bureau 30 days
      notice of its intent to do so.
    (g) No reduction in Federal funding
      Nothing in this section shall diminish any Federal funding due to
    the receipt by the school of funding for facilities improvement or
    construction from a State or any other source.

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1125, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2021; amended Pub. L.
    108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (a)(5)(A)(i)(V), means Pub. L.
    95-561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as the
    Education Amendments of 1978. 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 Americans with Disabilities Act of 1990, referred to in
    subsec. (b)(1)(C), is Pub. L. 101-336, July 26, 1990, 104 Stat.
    327, as amended which is classified principally to chapter 126
    (Sec. 12101 et seq.) of Title 42, The Public Health and Welfare.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 12101 of Title 42 and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2005, Pub. L. 95-561, title XI, Sec. 1125, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 3986, related to facilities construction, prior to the
    general amendment of this chapter by Pub. L. 107-110.
      Another prior section 2005, Pub. L. 95-561, title XI, Sec. 1125,
    Nov. 1, 1978, 92 Stat. 2319; Pub. L. 100-297, title V, Sec. 5103,
    Apr. 28, 1988, 102 Stat. 364, related to facilities construction,
    prior to the general amendment of this chapter by Pub. L. 103-382.

                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office" wherever
    appearing.

      USE OF TRIBAL PRIORITY ALLOCATIONS FUNDS FOR SCHOOL FACILITIES  
      Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998,
    112 Stat. 2681-231, 2681-246, provided in part: "That hereafter
    tribes may use tribal priority allocations funds for the
    replacement and repair of school facilities in compliance with
    [former] 25 U.S.C. 2005(a) [see now 25 U.S.C. 2005(b)], so long as
    such replacement or repair is approved by the Secretary and
    completed with non-Federal tribal and/or tribal priority allocation
    funds".

-End-



-CITE-
    25 USC Sec. 2006                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2006. Bureau of Indian Affairs education functions

-STATUTE-
    (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.
    450 et seq.], unless determined by the Secretary to be inherently
    Federal functions as defined in section 2021(12) of this title.
    (d) Evaluation of programs; services and support functions;
      technical and coordinating assistance
      Education personnel who are under the direction and supervision
    of the Director of the Office of Indian Education Programs in
    accordance with subsection (b)(1) of this section shall - 
        (1) monitor and evaluate Bureau education programs;
        (2) provide all services and support functions for education
      programs with respect to personnel matters involving staffing
      actions and functions; and
        (3) provide technical and coordinating assistance in areas such
      as procurement, contracting, budgeting, personnel, curriculum,
      and operation and maintenance of school facilities.
    (e) Construction, improvement, operation, and maintenance of
      facilities
      (1) Plan for construction
        The Assistant Secretary shall submit as part of the annual
      budget a plan - 
          (A) for school facilities to be constructed under section
        2005(c) of this title;
          (B) for establishing priorities among projects and for the
        improvement and repair of educational facilities, which
        together shall form the basis for the distribution of
        appropriated funds; and
          (C) for capital improvements to be made over the 5 succeeding
        years.
      (2) Program for operation and maintenance
        (A) Establishment
          The Assistant Secretary shall establish a program, including
        the distribution of appropriated funds, for the operation and
        maintenance of education facilities. Such program shall include
        - 
            (i) a method of computing the amount necessary for each
          educational facility;
            (ii) similar treatment of all Bureau-funded schools;
            (iii) a notice of an allocation of appropriated funds from
          the Director of the Office of Indian Education Programs
          directly to the education line officers and appropriate
          school officials;
            (iv) a method for determining the need for, and priority
          of, facilities repair and maintenance projects, both major
          and minor (to be determined, through the conduct by the
          Assistant Secretary, of a series of meetings at the agency
          and area level with representatives of the Bureau-funded
          schools in those areas and agencies to receive comment on the
          lists and prioritization of such projects); and
            (v) a system for the conduct of routine preventive
          maintenance.
        (B) Local supervisors
          The appropriate education line officers shall make
        arrangements for the maintenance of education facilities with
        the local supervisors of the Bureau maintenance personnel. The
        local supervisors of Bureau maintenance personnel shall take
        appropriate action to implement the decisions made by the
        appropriate education line officers, except that no funds under
        this chapter may be authorized for expenditure unless such
        appropriate education line officer is assured that the
        necessary maintenance has been, or will be, provided in a
        reasonable manner.
      (3) Implementation
        This subsection shall be implemented as soon as practicable
      after January 8, 2002.
    (f) Acceptance of gifts and bequests
      (1) Guidelines
        Notwithstanding any other provision of law, the Director of the
      Office shall promulgate guidelines for the establishment and
      administration of mechanisms for the acceptance of gifts and
      bequests for the use and benefit of particular schools or
      designated Bureau-operated education programs, including, in
      appropriate cases, the establishment and administration of trust
      funds.
      (2) Monitoring and reports
        Except as provided in paragraph (3), in a case in which a
      Bureau-operated education program is the beneficiary of such a
      gift or bequest, the Director shall - 
          (A) make provisions for monitoring use of the gift or
        bequest; and
          (B) submit a report to the appropriate committees of Congress
        that describes the amount and terms of such gift or bequest,
        the manner in which such gift or bequest shall be used, and any
        results achieved by such use.
      (3) Exception
        The requirements of paragraph (2) shall not apply in the case
      of a gift or bequest that is valued at $5,000 or less.
    (g) Definition of functions
      For the purpose of this section, the term "functions" includes
    powers and duties.

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1126, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2026.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (c), means Pub. L. 95-561, Nov.
    1, 1978, 92 Stat. 2143, as amended, known as the Education
    Amendments of 1978. 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. (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.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2006, Pub. L. 95-561, title XI, Sec. 1126, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 3988, related to Bureau of Indian Affairs education
    functions, prior to the general amendment of this chapter by Pub.
    L. 107-110.
      Another prior section 2006, Pub. L. 95-561, title XI, Sec. 1126,
    Nov. 1, 1978, 92 Stat. 2319; Pub. L. 96-46, Sec. 2(b)(6), Aug. 6,
    1979, 93 Stat. 341; Pub. L. 98-511, title V, Sec. 504, Oct. 19,
    1984, 98 Stat. 2393; Pub. L. 99-89, Sec. 4, Aug. 15, 1985, 99 Stat.
    381; Pub. L. 100-427, Sec. 1(c)(3), Sept. 9, 1988, 102 Stat. 1603,
    related to Bureau of Indian Affairs education functions, prior to
    the general amendment of this chapter by Pub. L. 103-382.

-End-



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

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2007. Allotment formula

-STATUTE-
    (a) Factors considered; revision to reflect standards
      (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, 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; and
          (E) such other relevant factors as the Secretary determines
        are appropriate.
      (2) Revision of formula
        (A) In general
          Upon the establishment of the standards required in section
        2002 of this title, the Secretary shall revise the formula
        established under this subsection to reflect the cost of
        funding such standards.
        (B) Review of formula
          Not later than January 1, 2003, the Secretary shall review
        the formula established under this section and shall take such
        steps as are necessary to increase the availability of
        counseling and therapeutic programs for students in off-
        reservation home-living (dormitory) schools and other Bureau-
        operated residential facilities.
        (C) Review of standards
          Concurrent with such action, the Secretary shall review the
        standards established under section 2002 of this title to be
        certain that adequate provision is made for parental
        notification regarding, and consent for, such counseling and
        therapeutic programs.
    (b) Pro rata allotment
      Notwithstanding any other provision of law, Federal funds
    appropriated for the general local operation of Bureau-funded
    schools shall be allotted pro rata in accordance with the formula
    established under subsection (a) of this section.
    (c) Annual adjustment; reservation of amount for school board
      activities
      (1) Annual adjustment
        For fiscal year 2003, and for each subsequent fiscal year, the
      Secretary shall adjust the formula established under subsection
      (a) of this section to ensure that the formula does the
      following:
          (A) Uses a weighted unit of 1.2 for each eligible Indian
        student enrolled in the seventh and eighth grades of the school
        in considering the number of eligible Indian students served by
        the school.
          (B) Considers a school with an enrollment of less than 50
        eligible Indian students as having an average daily attendance
        of 50 eligible Indian students for purposes of implementing the
        adjustment factor for small schools.
          (C) Takes into account the provision of residential services
        on less than a 9-month basis at a school when the school board
        and supervisor of the school determine that a less than 9-month
        basis will be implemented for the school year involved.
          (D) Uses a weighted unit of 2.0 for each eligible Indian
        student that - 
            (i) is gifted and talented; and
            (ii) is enrolled in the school on a full-time basis,

        in considering the number of eligible Indian students served by
        the school.
          (E) Uses a weighted unit of 0.25 for each eligible Indian
        student who is enrolled in a year-long credit course in an
        Indian or Native language as part of the regular curriculum of
        a school, in considering the number of eligible Indian students
        served by such school. The adjustment required under this
        subparagraph shall be used for such school after - 
            (i) the certification of the Indian or Native language
          curriculum by the school board of such school to the
          Secretary, together with an estimate of the number of full-
          time students expected to be enrolled in the curriculum in
          the second school year for which the certification is made;
          and
            (ii) the funds appropriated for allotment under this
          section are designated by the appropriations Act
          appropriating such funds as the amount necessary to implement
          such adjustment at such school without reducing allotments
          made under this section to any school by virtue of such
          adjustment.
      (2) Reservation of amount
        (A) In general
          From the funds allotted in accordance with the formula
        established under subsection (a) of this section for each
        Bureau school, the local school board of such school may
        reserve an amount which does not exceed the greater of - 
            (i) $8,000; or
            (ii) the lesser of - 
              (I) $15,000; or
              (II) 1 percent of such allotted funds,

        for school board activities for such school, including
        (notwithstanding any other provision of law) meeting expenses
        and the cost of membership in, and support of, organizations
        engaged in activities on behalf of Indian education.
        (B) Training
          (i) In general
            Each local school board, and any agency school board that
          serves as a local school board for any grant or contract
          school, shall ensure that each individual who is a new member
          of the school board receives, within 1 year after the
          individual becomes a member of the school board, 40 hours of
          training relevant to that individual's service on the board.
          (ii) Types of training
            Such training may include training concerning legal issues
          pertaining to Bureau-funded schools, legal issues pertaining
          to school boards, ethics, and other topics determined to be
          appropriate by the school board.
          (iii) Recommendation
            The training described in this subparagraph shall not be
          required, but is recommended, for a tribal governing body
          that serves in the capacity of a school board.
    (d) Reservation of amount for emergencies
      (1) In general
        The Secretary shall reserve from the funds available for
      distribution for each fiscal year under this section an amount
      that, in the aggregate, equals 1 percent of the funds available
      for such purpose for that fiscal year, to be used, at the
      discretion of the Director of the Office of Indian Education
      Programs, to meet emergencies and unforeseen contingencies
      affecting the education programs funded under this section.
      (2) Use of funds
        Funds reserved under this subsection may be expended only for
      education services or programs, including emergency repairs of
      educational facilities, at a schoolsite (as defined by section
      2503(c)(2) (!1) of this title).

      (3) Availability of funds
        Funds reserved under this subsection shall remain available
      without fiscal year limitation until expended. However, the
      aggregate amount available from all fiscal years may not exceed 1
      percent of the current year funds.
      (4) Report
        When the Secretary makes funds available under this subsection,
      the Secretary shall report such action to the appropriate
      committees of Congress within the annual budget submission.
    (e) Supplemental appropriations
      Supplemental appropriations enacted to meet increased pay costs
    attributable to school level personnel shall be distributed under
    this section.
    (f) Eligible Indian student defined
      In this section, the term "eligible Indian student" means a
    student who - 
        (1) is a member of, or is at least one-fourth degree Indian
      blood descendant of a member of, a tribe that is eligible for the
      special programs and services provided by the United States
      through the Bureau to Indians because of their status as Indians;
        (2) resides on or near a reservation or meets the criteria for
      attendance at a Bureau off-reservation home-living school; and
        (3) is enrolled in a Bureau-funded school.
    (g) Tuition
      (1) In general
        No eligible Indian student or a student attending a Bureau
      school under paragraph (2)(C) may be charged tuition for
      attendance at a Bureau school or contract or grant school.
      (2) Attendance of non-Indian students at Bureau schools
        The Secretary may permit the attendance at a Bureau school of a
      student who is not an eligible Indian student if - 
          (A) the Secretary determines that the student's attendance
        will not adversely affect the school's program for eligible
        Indian students because of cost, overcrowding, or violation of
        standards or accreditation;
          (B) the school board consents;
          (C) the student is a dependent of a Bureau, Indian Health
        Service, or tribal government employee who lives on or near the
        school site; or
          (D) tuition is paid for the student that is not more than the
        tuition charged by the nearest public school district for out-
        of-district students and shall be in addition to the school's
        allocation under this section.
      (3) Attendance of non-Indian students at contract and grant
        schools
        The school board of a contract or grant school may permit
      students who are not eligible Indian students under this
      subsection to attend its contract school or grant school. Any
      tuition collected for those students shall be in addition to
      funding received under this section.
    (h) Funds available without fiscal year limitation
      Notwithstanding any other provision of law, at the election of
    the school board of a Bureau school made at any time during the
    fiscal year, a portion equal to not more than 15 percent of the
    funds allocated with respect to a school under this section for any
    fiscal year shall remain available to the school for expenditure
    without fiscal year limitation. The Assistant Secretary shall take
    such steps as are necessary to implement this subsection.
    (i) Students at Richfield dormitory, Richfield, Utah
      (1) In general
        Tuition for the instruction of each out-of-State Indian student
      in a home-living situation at the Richfield dormitory in
      Richfield, Utah, who attends Sevier County high schools in
      Richfield, Utah, for an academic year, shall be paid from Indian
      school equalization program funds authorized in this section and
      section 2009 (!2) of this title, at a rate not to exceed the
      weighted amount provided for under subsection (b) of this section
      for a student for that year.
 (!2) So in original. Probably should be section "2010".
      (2) No administrative cost funds
        No additional administrative cost funds shall be provided under
      this chapter to pay for administrative costs relating to the
      instruction of the students.

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1127, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2028.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2007, Pub. L. 95-561, title XI, Sec. 1127, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 3989, related to allotment formula, prior to the general
    amendment of this chapter by Pub. L. 107-110.
      Another prior section 2007, Pub. L. 95-561, title XI, Sec. 1127,
    Nov. 1, 1978, 92 Stat. 2320, related to policies and procedures for
    implementation of transferred administrative functions, prior to
    the general amendment of this chapter by Pub. L. 103-382.

-FOOTNOTE-
    (!1) So in original. Probably should be section "2502(c)(2)".


-End-



-CITE-
    25 USC Sec. 2008                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2008. Administrative cost grants

-STATUTE-
    (a) Definitions
      In this section:
      (1) Administrative cost
        (A) In general
          The term "administrative cost" means the cost of necessary
        administrative functions which - 
            (i) the tribe or tribal organization incurs as a result of
          operating a tribal elementary or secondary educational
          program;
            (ii) are not customarily paid by comparable Bureau-operated
          programs out of direct program funds; and
            (iii) are either - 
              (I) normally provided for comparable Bureau programs by
            Federal officials using resources other than Bureau direct
            program funds; or
              (II) are otherwise required of tribal self-determination
            program operators by law or prudent management practice.
        (B) Inclusions
          The term "administrative cost" may include - 
            (i) contract or grant (or other agreement) administration;
            (ii) executive, policy, and corporate leadership and
          decisionmaking;
            (iii) program planning, development, and management;
            (iv) fiscal, personnel, property, and procurement
          management;
            (v) related office services and record keeping; and
            (vi) costs of necessary insurance, auditing, legal, safety
          and security services.
      (2) Bureau elementary and secondary functions
        The term "Bureau elementary and secondary functions" means - 
          (A) all functions funded at Bureau schools by the Office;
          (B) all programs - 
            (i) funds for which are appropriated to other agencies of
          the Federal Government; and
            (ii) which are administered for the benefit of Indians
          through Bureau schools; and

          (C) all operation, maintenance, and repair funds for
        facilities and Government quarters used in the operation or
        support of elementary and secondary education functions for the
        benefit of Indians, from whatever source derived.
      (3) Direct cost base
        (A) In general
          Except as otherwise provided in subparagraph (B), the direct
        cost base of a tribe or tribal organization for the fiscal year
        is the aggregate direct cost program funding for all tribal
        elementary or secondary educational programs operated by the
        tribe or tribal organization during - 
            (i) the second fiscal year preceding such fiscal year; or
            (ii) if such programs have not been operated by the tribe
          or tribal organization during the 2 preceding fiscal years,
          the first fiscal year preceding such fiscal year.
        (B) Functions not previously operated
          In the case of Bureau elementary or secondary education
        functions which have not previously been operated by a tribe or
        tribal organization under contract, grant, or agreement with
        the Bureau, the direct cost base for the initial year shall be
        the projected aggregate direct cost program funding for all
        Bureau elementary and secondary functions to be operated by the
        tribe or tribal organization during that fiscal year.
      (4) Maximum base rate
        The term "maximum base rate" means 50 percent.
      (5) Minimum base rate
        The term "minimum base rate" means 11 percent.
      (6) Standard direct cost base
        The term "standard direct cost base" means $600,000.
      (7) Tribal elementary or secondary educational programs
        The term "tribal elementary or secondary educational programs"
      means all Bureau elementary and secondary functions, together
      with any other Bureau programs or portions of programs (excluding
      funds for social services that are appropriated to agencies other
      than the Bureau and are funded through the Bureau, funds for
      major subcontracts, construction, and other major capital
      expenditures, and unexpended funds carried over from prior years)
      which share common administrative cost functions, that are
      operated directly by a tribe or tribal organization under a
      contract, grant, or agreement with the Bureau.
    (b) Grants; effect upon appropriated amounts
      (1) Grants
        Subject to the availability of funds, the Secretary shall
      provide grants to each tribe or tribal organization operating a
      contract school or grant school in the amount determined under
      this section with respect to the tribe or tribal organization for
      the purpose of paying the administrative and indirect costs
      incurred in operating contract or grant schools, provided that no
      school operated as a stand-alone institution shall receive less
      than $200,000 per year for these purposes, in order to - 
          (A) enable tribes and tribal organizations operating such
        schools, without reducing direct program services to the
        beneficiaries of the program, to provide all related
        administrative overhead services and operations necessary to
        meet the requirements of law and prudent management practice;
        and
          (B) carry out other necessary support functions which would
        otherwise be provided by the Secretary or other Federal
        officers or employees, from resources other than direct program
        funds, in support of comparable Bureau-operated programs.
      (2) Effect upon appropriated amounts
        Amounts appropriated to fund the grants provided under this
      section shall be in addition to, and shall not reduce, the
      amounts appropriated for the program being administered by the
      contract or grant school.
    (c) Determination of grant amount
      (1) In general
        The amount of the grant provided to each tribe or tribal
      organization under this section for each fiscal year shall be
      determined by applying the administrative cost percentage rate of
      the tribe or tribal organization to the aggregate of the Bureau
      elementary and secondary functions operated by the tribe or
      tribal organization for which funds are received from or through
      the Bureau.
      (2) Direct cost base funds
        The Secretary shall - 
          (A) reduce the amount of the grant determined under paragraph
        (1) to the extent that payments for administrative costs are
        actually received by an Indian tribe or tribal organization
        under any Federal education program included in the direct cost
        base of the tribe or tribal organization; and
          (B) take such actions as may be necessary to be reimbursed by
        any other department or agency of the Federal Government for
        the portion of grants made under this section for the costs of
        administering any program for Indians that is funded by
        appropriations made to such other department or agency.
    (d) Administrative cost percentage rate
      (1) In general
        For purposes of this section, the administrative cost
      percentage rate for a contract or grant school for a fiscal year
      is equal to the percentage determined by dividing - 
          (A) the sum of - 
            (i) the amount equal to - 
              (I) the direct cost base of the tribe or tribal
            organization for the fiscal year, multiplied by
              (II) the minimum base rate; plus

            (ii) the amount equal to - 
              (I) the standard direct cost base; multiplied by
              (II) the maximum base rate; by

          (B) the sum of - 
            (i) the direct cost base of the tribe or tribal
          organization for the fiscal year; plus
            (ii) the standard direct cost base.
      (2) Rounding
        The administrative cost percentage rate shall be determined to
      the  1/100  of a decimal point.
      (3) Applicability
        The administrative cost percentage rate determined under this
      subsection shall not apply to other programs operated by the
      tribe or tribal organization.
    (e) Combining funds
      (1) In general
        Funds received by a tribe or contract or grant school as grants
      under this section for tribal elementary or secondary educational
      programs may be combined by the tribe or contract or grant school
      into a single administrative cost account without the necessity
      of maintaining separate funding source accounting.
      (2) Indirect cost funds
        Indirect cost funds for programs at the school which share
      common administrative services with tribal elementary or
      secondary educational programs may be included in the
      administrative cost account described in paragraph (1).
    (f) Availability of funds
      Funds received as grants under this section with respect to
    tribal elementary or secondary education programs shall remain
    available to the contract or grant school without fiscal year
    limitation and without diminishing the amount of any grants
    otherwise payable to the school under this section for any fiscal
    year beginning after the fiscal year for which the grant is
    provided.
    (g) Treatment of funds
      Funds received as grants under this section for Bureau-funded
    programs operated by a tribe or tribal organization under a
    contract or agreement shall not be taken into consideration for
    purposes of indirect cost underrecovery and overrecovery
    determinations by any Federal agency for any other funds, from
    whatever source derived.
    (h) Treatment of entity operating other programs
      In applying this section and section 106 of the Indian Self-
    Determination and Education Assistance Act [25 U.S.C. 450j-1] with
    respect to an Indian tribe or tribal organization that - 
        (1) receives funds under this section for administrative costs
      incurred in operating a contract or grant school or a school
      operated under the Tribally Controlled Schools Act of 1988 [25
      U.S.C. 2501 et seq.]; and
        (2) operates one or more other programs under a contract or
      grant provided under the Indian Self-Determination and Education
      Assistance Act [25 U.S.C. 450 et seq.],

    the Secretary shall ensure that the Indian tribe or tribal
    organization is provided with the full amount of the administrative
    costs that are associated with operating the contract or grant
    school, and of the indirect costs, that are associated with all of
    such other programs, except that funds appropriated for
    implementation of this section shall be used only to supply the
    amount of the grant required to be provided by this section.
    (i) Studies for determination of factors affecting costs; base
      rates limits; standard direct cost base; report to Congress
      (1) Studies
        Not later than 120 days after January 8, 2002, the Director of
      the Office of Indian Education Programs shall - 
          (A) conduct such studies as may be needed to establish an
        empirical basis for determining relevant factors substantially
        affecting required administrative costs of tribal elementary
        and secondary education programs, using the formula set forth
        in subsection (c) of this section; and
          (B) conduct a study to determine - 
            (i) a maximum base rate which ensures that the amount of
          the grants provided under this section will provide adequate
          (but not excessive) funding of the administrative costs of
          the smallest tribal elementary or secondary educational
          programs;
            (ii) a minimum base rate which ensures that the amount of
          the grants provided under this section will provide adequate
          (but not excessive) funding of the administrative costs of
          the largest tribal elementary or secondary educational
          programs; and
            (iii) a standard direct cost base which is the aggregate
          direct cost funding level for which the percentage determined
          under subsection (d) of this section will - 
              (I) be equal to the median between the maximum base rate
            and the minimum base rate; and
              (II) ensure that the amount of the grants provided under
            this section will provide adequate (but not excessive)
            funding of the administrative costs of tribal elementary or
            secondary educational programs closest to the size of the
            program.
      (2) Guidelines
        The studies required under paragraph (1) shall - 
          (A) be conducted in full consultation (in accordance with
        section 2011 of this title) with - 
            (i) the tribes and tribal organizations that are affected
          by the application of the formula set forth in subsection (c)
          of this section; and
            (ii) all national and regional Indian organizations of
          which such tribes and tribal organizations are typically
          members;

          (B) be conducted onsite with a representative statistical
        sample of the tribal elementary or secondary educational
        programs under a contract entered into with a nationally
        reputable public accounting and business consulting firm;
          (C) take into account the availability of skilled labor
        commodities, business and automatic data processing services,
        related Indian preference and Indian control of education
        requirements, and any other market factors found to
        substantially affect the administrative costs and efficiency of
        each such tribal elementary or secondary educational program
        studied in order to ensure that all required administrative
        activities can reasonably be delivered in a cost effective
        manner for each such program, given an administrative cost
        allowance generated by the values, percentages, or other
        factors found in the studies to be relevant in such formula;
          (D) identify, and quantify in terms of percentages of direct
        program costs, any general factors arising from geographic
        isolation, or numbers of programs administered, independent of
        program size factors used to compute a base administrative cost
        percentage in such formula; and
          (E) identify any other incremental cost factors substantially
        affecting the costs of required administrative cost functions
        at any of the tribal elementary or secondary educational
        programs studied and determine whether the factors are of
        general applicability to other such programs, and (if so) how
        the factors may effectively be incorporated into such formula.
      (3) Consultation with Inspector General
        In carrying out the studies required under this subsection, the
      Director shall obtain the input of, and afford an opportunity to
      participate to, the Inspector General of the Department of the
      Interior.
      (4) Consideration of delivery of administrative services
        Determinations described in paragraph (2)(C) shall be based on
      what is practicable at each location studied, given prudent
      management practice, irrespective of whether required
      administrative services were actually or fully delivered at these
      sites, or whether other services were delivered instead, during
      the period of the study.
      (5) Report
        Upon completion of the studies conducted under paragraph (1),
      the Director shall submit to Congress a report on the findings of
      the studies, together with determinations based upon such studies
      that would affect the definitions set forth under subsection (e)
      of this section that are used in the formula set forth in
      subsection (c) of this section.
      (6) Projection of costs
        The Secretary shall include in the Bureau's justification for
      each appropriations request beginning in the first fiscal year
      after the completion of the studies conducted under paragraph
      (1), a projection of the overall costs associated with the
      formula set forth in subsection (c) of this section for all
      tribal elementary or secondary education programs which the
      Secretary expects to be funded in the fiscal year for which the
      appropriations are sought.
      (7) Determination of program size
        For purposes of this subsection, the size of tribal elementary
      or secondary educational programs is determined by the aggregate
      direct cost program funding level for all Bureau-funded programs
      which share common administrative cost functions.
    (j) Authorization of appropriations
      (1) In general
        There are authorized to be appropriated to carry out this
      section such sums as may be necessary.
      (2) Reductions
        If the total amount of funds necessary to provide grants to
      tribes and tribal organizations in the amounts determined under
      subsection (c) of this section for a fiscal year exceeds the
      amount of funds appropriated to carry out this section for such
      fiscal year, the Secretary shall reduce the amount of each grant
      determined under subsection (c) of this section for such fiscal
      year by an amount that bears the same relationship to such excess
      as the amount of such grants determined under subsection (c) of
      this section bears to the total of all grants determined under
      subsection (c) section (!1) for all tribes and tribal
      organizations for such fiscal year.

    (k) Applicability to schools operating under Tribally Controlled
      Schools Act of 1988
      The provisions of this section shall apply to schools operating
    under the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501
    et seq.].
    (l) Administrative cost grant budget requests
      (1) In general
        Beginning with President's (!2) annual budget request under
      section 1105 of title 31 for fiscal year 2002, and with respect
      to each succeeding budget request, at the discretion of the
      Secretary, the Secretary shall submit to the appropriate
      committees of Congress information and funding requests for the
      full funding of administrative costs grants required to be paid
      under this section.

      (2) Requirements
        (A) Funding for new conversions to contract or grant school
          operations
          With respect to a budget request under paragraph (1), the
        amount required to provide full funding for an administrative
        cost grant for each tribe or tribal organization expected to
        begin operation of a Bureau-funded school as contract or grant
        school in the academic year funded by such annual budget
        request, the amount so required shall not be less than 10
        percent of the amount required for subparagraph (B).
        (B) Funding for continuing contract and grant school operations
          With respect to a budget request under paragraph (1), the
        amount required to provide full funding for an administrative
        cost grant for each tribe or tribal organization operating a
        contract or grant school at the time the annual budget request
        is submitted, which amount shall include the amount of funds
        required to provide full funding for an administrative cost
        grant for each tribe or tribal organization which began
        operation of a contract or grant school with administrative
        cost grant funds supplied from the amount described in
        subparagraph (A).

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1128, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2032.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Tribally Controlled Schools Act of 1988, referred to in
    subsecs. (h)(1) and (k), is part B (Secs. 5201-5212) of title V of
    Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 385, as amended, which is
    classified generally to chapter 27 (Sec. 2501 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2501 of this title and
    Tables.
      The Indian Self-Determination and Education Assistance Act,
    referred to in subsec. (h)(2), is Pub. L. 93-638, Jan. 4, 1975, 88
    Stat. 2203, as amended, which is classified principally to part A
    (Sec. 450 et seq.) of subchapter II 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 2008, Pub. L. 95-561, title XI, Sec. 1128, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 3993, related to administrative cost grants, prior to the
    general amendment of this chapter by Pub. L. 107-110.
      Another prior section 2008 and a prior section 2008a were omitted
    in the general amendment of this chapter by Pub. L. 103-382.
      Section 2008, Pub. L. 95-561, title XI, Sec. 1128, Nov. 1, 1978,
    92 Stat. 2320; Pub. L. 96-46, Sec. 2(b)(7), (8), Aug. 6, 1979, 93
    Stat. 341; Pub. L. 98-511, title V, Sec. 505, Oct. 19, 1984, 98
    Stat. 2394; Pub. L. 99-89, Sec. 5, Aug. 15, 1985, 99 Stat. 381;
    Pub. L. 99-228, Sec. 1, Dec. 28, 1985, 99 Stat. 1747; Pub. L. 100-
    297, title V, Secs. 5107(a), 5108(b), (c), Apr. 28, 1988, 102
    Stat. 368, 375; Pub. L. 100-427, Secs. 2(a), (b)(1), (c), 3, 5,
    Sept. 9, 1988, 102 Stat. 1604, 1605; Pub. L. 101-301, Sec. 5(d)(1),
    May 24, 1990, 104 Stat. 208; Pub. L. 103-382, title III, Sec.
    393(b), Oct. 20, 1994, 108 Stat. 4026, related to allotment
    formula.
      Section 2008a, Pub. L. 95-561, title XI, Sec. 1128A, as added
    Pub. L. 100-297, title V, Sec. 5108(a), Apr. 28, 1988, 102 Stat.
    369; amended Pub. L. 100-427, Sec. 4, Sept. 9, 1988, 102 Stat.
    1604; Pub. L. 101-301, Sec. 5(f), May 24, 1990, 104 Stat. 208,
    related to administrative cost grants.

-FOOTNOTE-
    (!1) So in original.

    (!2) So in original. Probably should be preceded by "the".


-End-



-CITE-
    25 USC Sec. 2009                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2009. Division of Budget Analysis

-STATUTE-
    (a) Establishment
      Not later than 1 year after January 8, 2002, the Secretary shall
    establish within the Office of Indian Education Programs a Division
    of Budget Analysis (hereafter in this section referred to as the
    "Division"). Such Division shall be under the direct supervision
    and control of the Director of the Office.
    (b) Functions
      In consultation with the tribal governing bodies and tribal
    school boards, the Director of the Office, through the Division,
    shall conduct studies, surveys, or other activities to gather
    demographic information on Bureau-funded schools and project the
    amount necessary to provide Indian students in such schools the
    educational program set forth in this chapter.
    (c) Annual reports
      Not later than the date on which the Assistant Secretary for
    Indian Affairs makes the annual budget submission, for each fiscal
    year after January 8, 2002, the Director of the Office shall submit
    to the appropriate committees of Congress (including the
    Appropriations committees), all Bureau-funded schools, and the
    tribal governing bodies of such schools, a report that contains - 
        (1) projections, based upon the information gathered pursuant
      to subsection (b) of this section and any other relevant
      information, of amounts necessary to provide Indian students in
      Bureau-funded schools the educational program set forth in this
      chapter;
        (2) a description of the methods and formulas used to calculate
      the amounts projected pursuant to paragraph (1); and
        (3) such other information as the Director of the Office
      considers appropriate.
    (d) Use of reports
      The Director of the Office and the Assistant Secretary for Indian
    Affairs shall use the annual report required by subsection (c) of
    this section when preparing annual budget submissions.

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1129, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2038.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2009, Pub. L. 95-561, title XI, Sec. 1129, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 3998, related to Division of Budget Analysis, prior to the
    general amendment of this chapter by Pub. L. 107-110.
      Another prior section 2009, Pub. L. 95-561, title XI, Sec. 1129,
    Nov. 1, 1978, 92 Stat. 2321; Pub. L. 98-511, title V, Secs. 506,
    507(a), Oct. 19, 1984, 98 Stat. 2395, 2396; Pub. L. 99-89, Sec. 6,
    Aug. 15, 1985, 99 Stat. 382; Pub. L. 99-570, title IV, Sec.
    4133(b)(4), Oct. 27, 1986, 100 Stat. 3207-134; Pub. L. 100-297,
    title V, Secs. 5109, 5110, 5118, Apr. 28, 1988, 102 Stat. 375, 376,
    382; Pub. L. 100-427, Secs. 6, 9(d), Sept. 9, 1988, 102 Stat. 1605,
    1607, related to uniform direct funding and support, prior to the
    general amendment of this chapter by Pub. L. 103-382.

-End-



-CITE-
    25 USC Sec. 2010                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2010. Uniform direct funding and support

-STATUTE-
    (a) Establishment of system and forward funding
      (1) In general
        The Secretary shall establish, by regulation adopted in
      accordance with section 2016 of this title, a system for the
      direct funding and support of all Bureau-funded schools. Such
      system shall allot funds in accordance with section 2007 of this
      title. All amounts appropriated for distribution in accordance
      with this section shall be made available in accordance with
      paragraph (2).
      (2) Timing for use of funds
        (A) Availability
          For the purposes of affording adequate notice of funding
        available pursuant to the allotments made under section 2007 of
        this title and the allotments of funds for operation and
        maintenance of facilities, amounts appropriated in an
        appropriations Act for any fiscal year for such allotments - 
            (i) shall become available for obligation by the affected
          schools on July 1 of the fiscal year for which such
          allotments are appropriated without further action by the
          Secretary; and
            (ii) shall remain available for obligation through the
          succeeding fiscal year.
        (B) Publications
          The Secretary shall, on the basis of the amounts appropriated
        as described in this paragraph - 
            (i) publish, not later than July 1 of the fiscal year for
          which the amounts are appropriated, information indicating
          the amount of the allotments to be made to each affected
          school under section 2007 of this title, of 80 percent of
          such appropriated amounts; and
            (ii) publish, not later than September 30 of such fiscal
          year, information indicating the amount of the allotments to
          be made under section 2007 of this title, from the remaining
          20 percent of such appropriated amounts, adjusted to reflect
          the actual student attendance.
        (C) Overpayments
          Any overpayments made to tribal schools shall be returned to
        the Secretary not later than 30 days after the final
        determination that the school was overpaid pursuant to this
        section.
      (3) Limitation
        (A) Expenditures
          Notwithstanding any other provision of law (including a
        regulation), the supervisor of a Bureau-operated school may
        expend an aggregate of not more than $50,000 of the amount
        allotted to the school under section 2007 of this title to
        acquire materials, supplies, equipment, operation services,
        maintenance services, and other services for the school, and
        amounts received as operations and maintenance funds, funds
        received from the Department of Education, or funds received
        from other Federal sources, without competitive bidding if - 
            (i) the cost for any single item acquired does not exceed
          $15,000;
            (ii) the school board approves the acquisition;
            (iii) the supervisor certifies that the cost is fair and
          reasonable;
            (iv) the documents relating to the acquisition executed by
          the supervisor of the school or other school staff cite this
          paragraph as authority for the acquisition; and
            (v) the acquisition transaction is documented in a journal
          maintained at the school that clearly identifies when the
          transaction occurred, the item that was acquired and from
          whom, the price paid, the quantities acquired, and any other
          information the supervisor or the school board considers to
          be relevant.
        (B) Notice
          Not later than 6 months after January 8, 2002, the Secretary
        shall send notice of the provisions of this paragraph to each
        supervisor of a Bureau school and associated school board
        chairperson, the education line officer of each agency and
        area, and the Bureau division in charge of procurement, at both
        the local and national levels.
        (C) Application and guidelines
          The Director of the Office shall be responsible for - 
            (i) determining the application of this paragraph,
          including the authorization of specific individuals to carry
          out this paragraph;
            (ii) ensuring that there is at least one such individual at
          each Bureau facility; and
            (iii) the provision of guidelines on the use of this
          paragraph and adequate training on such guidelines.
      (4) Effect of sequestration order
        If a sequestration order issued under the Balanced Budget and
      Emergency Deficit Control Act of 1985 reduces the amount of funds
      available for allotment under section 2007 of this title for any
      fiscal year by more than 7 percent of the amount of funds
      available for allotment under such section during the preceding
      fiscal year - 
          (A) to fund allotments under section 2007 of this title, the
        Secretary, notwithstanding any other law, may use - 
            (i) funds appropriated for the operation of any Bureau-
          funded school that is closed or consolidated; and
            (ii) funds appropriated for any program that has been
          curtailed at any Bureau school; and

          (B) the Secretary may waive the application of the provisions
        of section 2001(h) of this title with respect to the closure or
        consolidation of a school, or the curtailment of a program at a
        school, during such fiscal year if the funds described in
        clauses (i) and (ii) of subparagraph (A) with respect to such
        school are used to fund allotments made under section 2007 of
        this title for such fiscal year.
    (b) Local financial plans for expenditure of funds
      (1) Plan required
        Each Bureau-operated school that receives an allotment under
      section 2007 of this title shall prepare a local financial plan
      that specifies the manner in which the school will expend the
      funds made available under the allotment and ensures that the
      school will meet the accreditation requirements or standards for
      the school pursuant to section 2001 of this title.
      (2) Requirement
        A local financial plan under paragraph (1) shall comply with
      all applicable Federal and tribal laws.
      (3) Preparation and revision
        (A) In general
          The financial plan for a school under subparagraph (A) (!1)
        shall be prepared by the supervisor of the school in active
        consultation with the local school board for the school.

        (B) Authority of school board
          The local school board for each school shall have the
        authority to ratify, reject, or amend such financial plan and,
        at the initiative of the local school board or in response to
        the supervisor of the school, to revise such financial plan to
        meet needs not foreseen at the time of preparation of the
        financial plan.
      (4) Role of supervisor
        The supervisor of the school - 
          (A) shall implement the decisions of the school board
        relating to the financial plan under paragraph (1);
          (B) shall provide the appropriate local union representative
        of the education employees of the school with copies of
        proposed financial plans relating to the school and all
        modifications and proposed modifications to the plans, and at
        the same time submit such copies to the local school board; and
          (C) may appeal any such action of the local school board to
        the appropriate education line officer of the Bureau agency by
        filing a written statement describing the action and the
        reasons the supervisor believes such action should be
        overturned.
      (5) Statements
        (A) In general
          A copy of each statement filed under paragraph (4)(C) shall
        be submitted to the local school board and such board shall be
        afforded an opportunity to respond, in writing, to such appeal.
        (B) Overturned actions
          After reviewing such written appeal and response, the
        appropriate education line officer may, for good cause,
        overturn the action of the local school board.
        (C) Transmission of determination
          The appropriate education line officer shall transmit the
        determination of such appeal in the form of a written opinion
        to such board and to such supervisor identifying the reasons
        for overturning such action.
    (c) Tribal division of education, self-determination grant and
      contract funds
      The Secretary may approve applications for funding tribal
    divisions of education and developing tribal codes of education,
    from funds made available pursuant to section 450h(a) of this
    title.
    (d) Technical assistance and training
      In carrying out this section, a local school board may request
    technical assistance and training from the Secretary, and the
    Secretary shall, to the maximum extent practicable, provide those
    services and make appropriate provisions in the budget of the
    Office for the provision of those services.
    (e) Summer program of academic and support services
      (1) Plan
        (A) In general
          A financial plan under subsection (b) of this section for a
        school may include, at the discretion of the local
        administrator and the school board of such school, a provision
        for a summer program of academic and support services for
        students of the school.
        (B) Prevention activities
          Any such program may include activities related to the
        prevention of alcohol and substance abuse.
        (C) Summer use
          The Assistant Secretary for Indian Affairs shall provide for
        the use of any such school facility during any summer in which
        such use is requested.
      (2) Use of other funds
        Notwithstanding any other provision of law, funds authorized
      under the Act of April 16, 1934 [25 U.S.C. 452 et seq.], and this
      Act may be used to augment the services provided in each summer
      program at the option, and under the control, of the tribe or
      Indian controlled school receiving such funds.
      (3) Technical assistance and program coordination
        The Assistant Secretary for Indian Affairs, acting through the
      Director of the Office, shall - 
          (A) provide technical assistance and coordination for any
        program described in paragraph (1); and
          (B) to the extent practicable, encourage the coordination of
        such programs with any other summer programs that might benefit
        Indian youth, regardless of the funding source or
        administrative entity of any such program.
    (f) Cooperative agreements
      (1) Implementation
        (A) In general
          From funds allotted to a Bureau school under section 2007 of
        this title, the Secretary shall, if specifically requested by
        the appropriate tribal governing body, implement a cooperative
        agreement that is entered into between the tribe, the Bureau,
        the local school board, and a local public school district that
        meets the requirements of paragraph (2) and involves the
        school.
        (B) Terms
          The tribe, the Bureau, the school board, and the local public
        school district shall determine the terms of an agreement
        entered into under subparagraph (A).
      (2) Coordination provisions
        An agreement under paragraph (1) may, with respect to the
      Bureau school and schools in the school district involved,
      encompass coordination of all or any part of the following:
          (A) The academic program and curriculum, unless the Bureau
        school is accredited by a State or regional accrediting entity
        and would not continue to be so accredited if the agreement
        encompassed the program and curriculum.
          (B) Support services, including procurement and facilities
        maintenance.
          (C) Transportation.
      (3) Equal benefit and burden
        (A) In general
          Each agreement entered into under paragraph (1) shall confer
        a benefit upon the Bureau school commensurate with the burden
        assumed by the school.
        (B) Limitation
          Subparagraph (A) shall not be construed to require equal
        expenditures, or an exchange of similar services, by the Bureau
        school and schools in the school district.
    (g) Product or result of student projects
      Notwithstanding any other provision of law, in a case in which
    there is agreement on action between the superintendent and the
    school board of a Bureau-funded school, the product or result of a
    project conducted in whole or in major part by a student may be
    given to that student upon the completion of such project.
    (h) Matching fund requirements
      (1) Not considered Federal funds
        Notwithstanding any other provision of law, funds received by a
      Bureau-funded school under this chapter for education-related
      activities (not including funds for construction, maintenance,
      and facilities improvement or repair) shall not be considered
      Federal funds for the purposes of a matching funds requirement
      for any Federal program.
      (2) Limitation
        In considering an application from a Bureau-funded school for
      participation in a program or project that requires matching
      funds, the entity administering such program or project or
      awarding such grant shall not give positive or negative weight to
      such application based solely on the provisions of paragraph (1).

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1130, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2039.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Balanced Budget and Emergency Deficit Control Act of 1985,
    referred to in subsec. (a)(4), is title II of Pub. L. 99-177, Dec.
    12, 1985, 99 Stat. 1038, as amended which enacted chapter 20 (Sec.
    900 et seq.) and sections 654 to 656 of Title 2, The Congress,
    amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2,
    sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and
    section 911 of Title 42, The Public Health and Welfare, repealed
    section 661 of Title 2, enacted provisions set out as notes under
    section 900 of Title 2 and section 911 of Title 42, and amended
    provisions set out as a note under section 621 of Title 2. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 900 of Title 2 and Tables.
      Act of April 16, 1934, referred to in subsec. (e)(2), is act Apr.
    16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the
    Johnson-O'Malley Act, which is classified generally to section 452
    et seq. of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 452 of this
    title and Tables.
      This Act, referred to in subsec. (e)(2), means Pub. L. 95-561,
    Nov. 1, 1978, 92 Stat. 2143, as amended, known as the Education
    Amendments of 1978. 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.
      This chapter, referred to in subsec. (h)(1), was in the original
    "this title", meaning title XI (Sec. 1101 et seq.) of Pub. L. 95-
    561, which is classified principally to this chapter. For complete
    classification of title XI to the Code, see Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2010, Pub. L. 95-561, title XI, Sec. 1130, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 3999, related to uniform direct funding and support, prior to
    the general amendment of this chapter by Pub. L. 107-110.
      Another prior section 2010, Pub. L. 95-561, title XI, Sec. 1130,
    Nov. 1, 1978, 92 Stat. 2321; Pub. L. 100-297, title V, Sec. 5111,
    Apr. 28, 1988, 102 Stat. 376; Pub. L. 100-427, Sec. 7, Sept. 9,
    1988, 102 Stat. 1605, related to policy for Indian control of
    Indian education, prior to the general amendment of this chapter by
    Pub. L. 103-382.

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


-End-



-CITE-
    25 USC Sec. 2011                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2011. Policy for Indian control of Indian education

-STATUTE-
    (a) Facilitation of Indian control
      It shall be the policy of the United States acting through the
    Secretary, in carrying out the functions of the Bureau, to
    facilitate Indian control of Indian affairs in all matters relating
    to education.
    (b) Consultation with tribes
      (1) In general
        All actions under this Act shall be done with active
      consultation with tribes. The United States acting through the
      Secretary and tribes shall work in a government-to-government
      relationship to ensure quality education for all tribal members.
      (2) Requirements
        (A) Definition of consultation
          In this subsection, the term "consultation" means a process
        involving the open discussion and joint deliberation of all
        options with respect to potential issues or changes between the
        Bureau and all interested parties.
        (B) Discussion and joint deliberation
          During discussions and joint deliberations, interested
        parties (including tribes and school officials) shall be given
        an opportunity - 
            (i) to present issues (including proposals regarding
          changes in current practices or programs) that will be
          considered for future action by the Secretary; and
            (ii) to participate and discuss the options presented, or
          to present alternatives, with the views and concerns of the
          interested parties given effect unless the Secretary
          determines, from information available from or presented by
          the interested parties during one or more of the discussions
          and deliberations, that there is a substantial reason for
          another course of action.
        (C) Explanation by Secretary
          The Secretary shall submit to any Member of Congress, within
        18 days of the receipt of a written request by such Member, a
        written explanation of any decision made by the Secretary which
        is not consistent with the views of the interested parties
        described in subparagraph (B).

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1131, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2043.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (b)(1), means Pub. L. 95-561,
    Nov. 1, 1978, 92 Stat. 2143, as amended, known as the Education
    Amendments of 1978. 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.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2011, Pub. L. 95-561, title XI, Sec. 1131, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 4001, related to policy for Indian control of Indian
    education, prior to the general amendment of this chapter by Pub.
    L. 107-110.
      Another prior section 2011, Pub. L. 95-561, title XI, Sec. 1131,
    Nov. 1, 1978, 92 Stat. 2322; 1978 Reorg. Plan No. 2, Sec. 102, eff.
    Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 98-511, title
    V, Sec. 507(b), Oct. 19, 1984, 98 Stat. 2396; Pub. L. 100-297,
    title V, Secs. 5112(a), (b)(1), 5114, 5115, Apr. 28, 1988, 102
    Stat. 377, 378, 380; Pub. L. 100-427, Sec. 9(a)-(c), Sept. 9, 1988,
    102 Stat. 1606, related to education personnel, prior to the
    general amendment of this chapter by Pub. L. 103-382.

-End-



-CITE-
    25 USC Sec. 2012                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2012. Indian education personnel

-STATUTE-
    (a) In general
      Chapter 51, subchapter III of chapter 53, and chapter 63 of title
    5, relating to classification, pay and leave, respectively, and the
    sections of such title relating to the appointment, promotion,
    hours of work, and removal of civil service employees, shall not
    apply to educators or to education positions (as defined in
    subsection (p) of this section).
    (b) Regulations
      Not later than 60 days after January 8, 2002, the Secretary shall
    prescribe regulations to carry out this section. Such regulations
    shall provide for - 
        (1) the establishment of education positions;
        (2) the establishment of qualifications for educators and
      education personnel;
        (3) the fixing of basic compensation for educators and
      education positions;
        (4) the appointment of educators;
        (5) the discharge of educators;
        (6) the entitlement of educators to compensation;
        (7) the payment of compensation to educators;
        (8) the conditions of employment of educators;
        (9) the leave system for educators;
        (10) the annual leave and sick leave for educators;
        (11) the length of the school year applicable to education
      positions described in subsection (a) of this section; and
        (12) such additional matters as may be appropriate.
    (c) Qualifications of educators
      (1) Requirements
        In prescribing regulations to govern the qualifications of
      educators, the Secretary shall require that - 
          (A) lists of qualified and interviewed applicants for
        education positions be maintained in each agency and area
        office of the Bureau from among individuals who have applied at
        the agency or area level for an education position or who have
        applied at the national level and have indicated in such
        application an interest in working in certain areas or
        agencies;
          (B) a local school board shall have the authority to waive on
        a case-by-case basis, any formal education or degree
        qualifications established by regulation pursuant to subsection
        (b)(2) of this section, in order for a tribal member to be
        hired in an education position to teach courses on tribal
        culture and language and that subject to subsection (e)(2) of
        this section, a determination by a school board that such a
        person be hired shall be instituted by the supervisor of the
        school involved; and
          (C) that (!1) it shall not be a prerequisite to the
        employment of an individual in an education position at the
        local level that - 

            (i) such individual's name appear on a list maintained
          pursuant to subparagraph (A); or
            (ii) such individual have applied at the national level for
          an education position.
      (2) Exception for certain temporary employment
        The Secretary may authorize the temporary employment in an
      education position of an individual who has not met the
      certification standards established pursuant to regulations if
      the Secretary determines that failure to do so would result in
      that position remaining vacant.
    (d) Hiring of educators
      (1) Requirements
        In prescribing regulations to govern the appointment of
      educators, the Secretary shall require - 
          (A)(i)(I) that educators employed in a Bureau school (other
        than the supervisor of the school) shall be hired by the
        supervisor of the school; and
          (II) in a case in which there are no qualified applicants
        available to fill a vacancy at a Bureau school, the supervisor
        may consult a list maintained pursuant to subsection (c)(1)(A)
        of this section;
          (ii) each supervisor of a Bureau school shall be hired by the
        education line officer of the agency office of the Bureau for
        the jurisdiction in which the school is located;
          (iii) each educator employed in an agency office of the
        Bureau shall be hired by the superintendent for education of
        the agency office; and
          (iv) each education line officer and educator employed in the
        office of the Director of the Office shall be hired by the
        Director;
          (B)(i) before an individual is employed in an education
        position in a Bureau school by the supervisor of the school
        (or, with respect to the position of supervisor, by the
        appropriate agency education line officer), the local school
        board for the school shall be consulted; and
          (ii) that a determination by such school board, as evidenced
        by school board records, that such individual should or should
        not be so employed shall be instituted by the supervisor (or
        with respect to the position of supervisor, by the
        superintendent for education of the agency office);
          (C)(i) before an individual is employed in an education
        position in an agency or area office of the Bureau, the
        appropriate agency school board shall be consulted; and
          (ii) a determination by such school board, as evidenced by
        school board records, that such individual should or should not
        be employed shall be instituted by the superintendent for
        education of the agency office; and
          (D) all employment decisions or actions be in compliance with
        all applicable Federal, State, and tribal laws.
      (2) Information regarding application at national level
        (A) In general
          Any individual who applies at the local level for an
        education position shall state on such individual's application
        whether or not such individual has applied at the national
        level for an education position in the Bureau.
        (B) Determination of accuracy
          If such individual is employed at the local level, such
        individual's name shall be immediately forwarded to the
        Secretary, who shall, as soon as practicable but in no event in
        more than 30 days, ascertain the accuracy of the statement made
        by such individual pursuant to subparagraph (A).
        (C) False statements
          Notwithstanding subsection (e) of this section, if the
        individual's statement is found to have been false, such
        individual, at the Secretary's discretion, may be disciplined
        or discharged.
        (D) Conditional appointment for national provision
          If the individual has applied at the national level for an
        education position in the Bureau, the appointment of such
        individual at the local level shall be conditional for a period
        of 90 days, during which period the Secretary may appoint a
        more qualified individual (as determined by the Secretary) from
        the list maintained at the national level pursuant to
        subsection (c)(1)(A)(ii) (!2) of this section to the position
        to which such individual was appointed.

      (3) Statutory construction
        Except as expressly provided, nothing in this section shall be
      construed as conferring upon local school boards authority over,
      or control of, educators at Bureau-funded schools or the
      authority to issue management decisions.
      (4) Appeals
        (A) By supervisor
          (i) In general
            The supervisor of a school may appeal to the appropriate
          agency education line officer any determination by the local
          school board for the school that an individual be employed,
          or not be employed, in an education position in the school
          (other than that of supervisor) by filing a written statement
          describing the determination and the reasons the supervisor
          believes such determination should be overturned.
          (ii) Action by board
            A copy of such statement shall be submitted to the local
          school board and such board shall be afforded an opportunity
          to respond, in writing, to such appeal.
          (iii) Overturning of determination
            After reviewing such written appeal and response, the
          education line officer may, for good cause, overturn the
          determination of the local school board.
          (iv) Transmission of determination
            The education line officer shall transmit the determination
          of such appeal in the form of a written opinion to such board
          and to such supervisor identifying the reasons for
          overturning such determination.
        (B) By education line officer
          (i) In general
            The education line officer of an agency office of the
          Bureau may appeal to the Director of the Office any
          determination by the local school board for the school that
          an individual be employed, or not be employed, as the
          supervisor of a school by filing a written statement
          describing the determination and the reasons the supervisor
          believes such determination should be overturned.
          (ii) Action by board
            A copy of such statement shall be submitted to the local
          school board and such board shall be afforded an opportunity
          to respond, in writing, to such appeal.
          (iii) Overturning of determination
            After reviewing such written appeal and response, the
          Director may, for good cause, overturn the determination of
          the local school board.
          (iv) Transmission of determination
            The Director shall transmit the determination of such
          appeal in the form of a written opinion to such board and to
          such education line officer identifying the reasons for
          overturning such determination.
      (5) Other appeals
        (A) In general
          The education line officer of an agency office of the Bureau
        may appeal to the Director of the Office any determination by
        the agency school board that an individual be employed, or not
        be employed, in an education position in such agency office by
        filing a written statement describing the determination and the
        reasons the supervisor believes such determination should be
        overturned.
        (B) Action by board
          A copy of such statement shall be submitted to the agency
        school board and such board shall be afforded an opportunity to
        respond, in writing, to such appeal.
        (C) Overturning of determination
          After reviewing such written appeal and response, the
        Director may, for good cause, overturn the determination of the
        agency school board.
        (D) Transmission of determination
          The Director shall transmit the determination of such appeal
        in the form of a written opinion to such board and to such
        education line officer identifying the reasons for overturning
        such determination.
    (e) Discharge and conditions of employment of educators
      (1) Regulations
        In promulgating regulations to govern the discharge and
      conditions of employment of educators, the Secretary shall
      require - 
          (A) that procedures shall be established for the rapid and
        equitable resolution of grievances of educators;
          (B) that no educator may be discharged without notice of the
        reasons for the discharge and an opportunity for a hearing
        under procedures that comport with the requirements of due
        process; and
          (C) that each educator employed in a Bureau school shall be
        notified 30 days prior to the end of an academic year whether
        the employment contract of the individual will be renewed for
        the following year.
      (2) Procedures for discharge
        (A) Determinations
          (i) In general
            Except as provided in clause (iii), the supervisor of a
          Bureau school may discharge (subject to procedures
          established under paragraph (1)(B)) for cause (as determined
          under regulations prescribed by the Secretary) any educator
          employed in such school.
          (ii) Notification of board
            On giving notice to an educator of the supervisor's
          intention to discharge the educator, the supervisor shall
          immediately notify the local school board of the proposed
          discharge.
          (iii) Determination by board
            If the local school board determines that such educator
          shall not be discharged, that determination shall be followed
          by the supervisor.
        (B) Appeals
          (i) In general
            The supervisor shall have the right to appeal to the
          education line officer of the appropriate agency office of
          the Bureau a determination by a local school board under
          subparagraph (A)(iii), as evidenced by school board records,
          not to discharge an educator.
          (ii) Decision of agency education line officer
            Upon hearing such an appeal, the agency education line
          officer may, for good cause, issue a decision overturning the
          determination of the local school board with respect to the
          employment of such individual.
          (iii) Form of decision
            The education line officer shall make the decision in
          writing and submit the decision to the local school board.
      (3) Recommendations of school boards for discharge
        Each local school board for a Bureau school shall have the
      right - 
          (A) to recommend to the supervisor that an educator employed
        in the school be discharged; and
          (B) to recommend to the education line officer of the
        appropriate agency office of the Bureau and to the Director of
        the Office, that the supervisor of the school be discharged.
    (f) Applicability of Indian preference laws
      (1) Applicability
        (A) In general
          Notwithstanding any provision of the Indian preference laws,
        such laws shall not apply in the case of any personnel action
        carried out under this section with respect to an applicant or
        employee not entitled to an Indian preference if each tribal
        organization concerned - 
            (i) grants a written waiver of the application of those
          laws with respect to the personnel action; and
            (ii) states that the waiver is necessary.
        (B) No effect on responsibility of Bureau
          This paragraph shall not be construed to relieve the
        responsibility of the Bureau to issue timely and adequate
        announcements and advertisements concerning any such personnel
        action if such action is intended to fill a vacancy (no matter
        how such vacancy is created).
      (2) Definitions
        In this subsection:
        (A) Indian preference laws
          (i) In general
            The term "Indian preference laws" means section 472 of this
          title or any other provision of law granting a preference to
          Indians in promotions and other personnel actions.
          (ii) Exclusion
            The term "Indian preference laws" does not include section
          450e(b) of this title.
        (B) Tribal organization
          The term "tribal organization" means - 
            (i) the recognized governing body of any Indian tribe,
          band, nation, pueblo, or other organized community, including
          a Native village (as defined in section 1602(c) of title 43);
          or
            (ii) in connection with any personnel action referred to in
          this subsection, any local school board to which the
          governing body has delegated the authority to grant a waiver
          under this subsection with respect to a personnel action.
    (g) Compensation or annual salary
      (1) In general
        (A) Compensation for educators and education positions
          Except as otherwise provided in this section, the Secretary
        shall establish the compensation or annual salary rate for
        educators and education positions - 
            (i) at rates in effect under the General Schedule for
          individuals with comparable qualifications, and holding
          comparable positions, to whom chapter 51 of title 5 is
          applicable; or
            (ii) on the basis of the Federal Wage System schedule in
          effect for the locality involved, and for the comparable
          positions, at the rates of compensation in effect for the
          senior executive service.
        (B) Compensation or salary for teachers and counselors
          (i) In general
            The Secretary shall establish the rate of compensation, or
          annual salary rate, for the positions of teachers and
          counselors (including dormitory counselors and home-living
          counselors) at the rate of compensation applicable (on
          January 8, 2002, and thereafter) for comparable positions in
          the overseas schools under the Defense Department Overseas
          Teachers Pay and Personnel Practices Act [20 U.S.C. 901 et
          seq.].
          (ii) Essential provisions
            The Secretary shall allow the local school boards involved
          authority to implement only the aspects of the Defense
          Department Overseas Teachers Pay and Personnel Practices Act
          pay provisions that are considered essential for recruitment
          and retention of teachers and counselors. Implementation of
          such provisions shall not be construed to require the
          implementation of that entire Act.
        (C) Rates for new hires
          (i) In general
            Beginning with the first fiscal year following January 8,
          2002, each local school board of a Bureau school may
          establish a rate of compensation or annual salary rate
          described in clause (ii) for teachers and counselors
          (including academic counselors) who are new hires at the
          school and who had not worked at the school, as of the first
          day of such fiscal year.
          (ii) Consistent rates
            The rates established under clause (i) shall be consistent
          with the rates paid for individuals in the same positions,
          with the same tenure and training, as the teachers and
          counselors, in any other school within whose boundaries the
          Bureau school is located.
          (iii) Decreases
            In a case in which the establishment of rates under clause
          (i) causes a reduction in compensation at a school from the
          rate of compensation that was in effect for the first fiscal
          year following January 8, 2002, the new rates of compensation
          may be applied to the compensation of employees of the school
          who worked at the school as of January 8, 2002, by applying
          those rates at each contract renewal for the employees so
          that the reduction takes effect in three equal installments.
          (iv) Increases
            In a case in which adoption of rates under clause (i) leads
          to an increase in the payment of compensation from that which
          was in effect for the fiscal year following January 8, 2002,
          the school board may make such rates applicable at the next
          contract renewal such that - 
              (I) the increase occurs in its entirety; or
              (II) the increase is applied in three equal installments.
        (D) Use of regulations; continued employment of certain
          educators
          The establishment of rates of basic compensation and annual
        salary rates under subparagraphs (B) and (C) shall not - 
            (i) preclude the use of regulations and procedures used by
          the Bureau prior to April 28, 1988, in making determinations
          regarding promotions and advancements through levels of pay
          that are based on the merit, education, experience, or tenure
          of the educator; or
            (ii) affect the continued employment or compensation of an
          educator who was employed in an education position on October
          31, 1979, and who did not make an election under subsection
          (p) (!3) as in effect on January 1, 1990.

      (2) Post differential rates
        (A) In general
          The Secretary may pay a post differential rate, not to exceed
        25 percent of the rate of compensation, for educators or
        education positions, on the basis of conditions of environment
        or work that warrant additional pay, as a recruitment and
        retention incentive.
        (B) Supervisor's authority
          (i) In general
            Except as provided in clause (ii), on the request of the
          supervisor and the local school board of a Bureau school, the
          Secretary shall grant the supervisor of the school
          authorization to provide one or more post differential rates
          under subparagraph (A).
          (ii) Exception
            The Secretary shall disapprove, or approve with a
          modification, a request for authorization to provide a post
          differential rate if the Secretary determines for clear and
          convincing reasons (and advises the board in writing of those
          reasons) that the rate should be disapproved or decreased
          because the disparity of compensation between the appropriate
          educators or positions in the Bureau school, and the
          comparable educators or positions at the nearest public
          school, is - 
              (I)(aa) at least 5 percent; or
              (bb) less than 5 percent; and
              (II) does not affect the recruitment or retention of
            employees at the school.
          (iii) Approval of requests
            A request made under clause (i) shall be considered to be
          approved at the end of the 60th day after the request is
          received in the Central Office of the Bureau unless before
          that time the request is approved, approved with a
          modification, or disapproved by the Secretary.
          (iv) Discontinuation of or decrease in rates
            The Secretary or the supervisor of a Bureau school may
          discontinue or decrease a post differential rate provided for
          under this paragraph at the beginning of an academic year if -
           
              (I) the local school board requests that such
            differential be discontinued or decreased; or
              (II) the Secretary or the supervisor, respectively,
            determines for clear and convincing reasons (and advises
            the board in writing of those reasons) that there is no
            disparity of compensation that would affect the recruitment
            or retention of employees at the school after the
            differential is discontinued or decreased.
          (v) Reports
            On or before February 1 of each year, the Secretary shall
          submit to Congress a report describing the requests and
          approvals of authorization made under this paragraph during
          the previous year and listing the positions receiving post
          differential rates under contracts entered into under those
          authorizations.
    (h) Liquidation of remaining leave upon termination
      Upon termination of employment with the Bureau, any annual leave
    remaining to the credit of an individual covered by this section
    shall be liquidated in accordance with sections 5551(a) and 6306 of
    title 5, except that leave earned or accrued under regulations
    promulgated pursuant to subsection (b)(10) of this section shall
    not be so liquidated.
    (i) Transfer of remaining sick leave upon transfer, promotion, or
      reemployment
      In the case of any educator who is transferred, promoted, or
    reappointed, without break in service, to a position in the Federal
    Government under a different leave system, any remaining leave to
    the credit of such person earned or credited under the regulations
    promulgated pursuant to subsection (b)(10) of this section shall be
    transferred to such person's credit in the employing agency on an
    adjusted basis in accordance with regulations which shall be
    promulgated by the Office of Personnel Management.
    (j) Ineligibility for employment of voluntarily terminated
      educators
      An educator who voluntarily terminates employment with the Bureau
    before the expiration of the existing employment contract between
    such educator and the Bureau shall not be eligible to be employed
    in another education position in the Bureau during the remainder of
    the term of such contract.
    (k) Dual compensation
      In the case of any educator employed in an education position
    described in subsection (l)(1)(A) (!4) of this section who - 

        (1) is employed at the close of a school year;
        (2) agrees in writing to serve in such position for the next
      school year; and
        (3) is employed in another position during the recess period
      immediately preceding such next school year, or during such
      recess period receives additional compensation referred to in
      section 5533 of title 5, relating to dual compensation,

    shall not apply to such educator by reason of any such employment
    during a recess period for any receipt of additional compensation.
    (l) Voluntary services
      (1) In general
        Notwithstanding section 1342 of title 31, the Secretary may,
      subject to the approval of the local school board concerned,
      accept voluntary services on behalf of Bureau schools.
      (2) Federal employee protection
        Nothing in this chapter requires Federal employees to work
      without compensation or allows the use of volunteer services to
      displace or replace Federal employees.
      (3) Federal status
        An individual providing volunteer services under this section
      is a Federal employee only for purposes of chapter 81 of title 5
      and chapter 171 of title 28.
    (m) Proration of pay
      (1) Election of employee
        (A) In general
          Notwithstanding any other provision of law, including laws
        relating to dual compensation, the Secretary, at the election
        of the employee, shall prorate the salary of an employee
        employed in an education position for the academic school year
        over the entire 12-month period.
        (B) Election
          Each educator employed for the academic school year shall
        annually elect to be paid on a 12-month basis or for those
        months while school is in session.
        (C) No loss of pay or benefits
          No educator shall suffer a loss of pay or benefits, including
        benefits under unemployment or other Federal or federally
        assisted programs, because of such election.
      (2) Change of election
        During the course of such year the employee may change election
      once.
      (3) Lump sum payment
        That portion of the employee's pay which would be paid between
      academic school years may be paid in a lump sum at the election
      of the employee.
      (4) Nonapplicability
        This subsection applies to those individuals employed under the
      provisions of this section or title 5.
      (5) Definitions
        For purposes of this subsection, the terms "educator" and
      "education position" have the meanings contained in paragraphs
      (1) and (2) of subsection (o) of this section.
    (n) Extracurricular activities
      (1) Stipend
        (A) In general
          Notwithstanding any other provision of law, the Secretary may
        provide, for each Bureau area, a stipend in lieu of overtime
        premium pay or compensatory time off.
        (B) Provision to employees
          Any employee of the Bureau who performs additional activities
        to provide services to students or otherwise support the
        school's academic and social programs may elect to be
        compensated for all such work on the basis of the stipend.
        (C) Nature of stipend
          Such stipend shall be paid as a supplement to the employee's
        base pay.
      (2) Election not to receive stipend
        If an employee elects not to be compensated through the stipend
      established by this subsection, the appropriate provisions of
      title 5 shall apply.
      (3) Applicability of subsection
        This subsection applies to all Bureau employees, regardless of
      whether the employee is employed under this section or title 5.
    (o) Definitions
      In this section:
      (1) Education position
        The term "education position" means a position in the Bureau
      the duties and responsibilities of which - 
          (A)(i) are performed on a school year basis principally in a
        Bureau school; and
          (ii) involve - 
            (I) classroom or other instruction or the supervision or
          direction of classroom or other instruction;
            (II) any activity (other than teaching) which requires
          academic credits in educational theory and practice equal to
          the academic credits in educational theory and practice
          required for a bachelor's degree in education from an
          accredited institution of higher education;
            (III) any activity in or related to the field of education
          notwithstanding that academic credits in educational theory
          and practice are not a formal requirement for the conduct of
          such activity; or
            (IV) support services at, or associated with, the site of
          the school; or

          (B) are performed at the agency level of the Bureau and
        involve the implementation of education-related programs other
        than the position for agency superintendent for education.
      (2) Educator
        The term "educator" means an individual whose services are
      required, or who is employed, in an education position.
    (p) Covered individuals; election
      This section shall apply with respect to any educator hired after
    November 1, 1979 (and to any educator who elected for coverage
    under that provision after November 1, 1979) and to the position in
    which such individual is employed. The enactment of this section
    shall not affect the continued employment of an individual employed
    on October 31, 1979, in an education position, or such person's
    right to receive the compensation attached to such position.
    (q) Furlough without consent
      (1) In general
        An educator who was employed in an education position on
      October 31, 1979, who was eligible to make an election under
      subsection (p) (!5) at that time, and who did not make the
      election under such subsection, may not be placed on furlough
      (within the meaning of section 7511(a)(5) of title 5,(!6) without
      the consent of such educator for an aggregate of more than 4
      weeks within the same calendar year, unless - 


          (A) the supervisor, with the approval of the local school
        board (or of the education line officer upon appeal under
        paragraph (2)), of the Bureau school at which such educator
        provides services determines that a longer period of furlough
        is necessary due to an insufficient amount of funds available
        for personnel compensation at such school, as determined under
        the financial plan process as determined under section 2009(b)
        (!7) of this title; and

          (B) all educators (other than principals and clerical
        employees) providing services at such Bureau school are placed
        on furloughs of equal length, except that the supervisor, with
        the approval of the local school board (or of the agency
        education line officer upon appeal under paragraph (2)), may
        continue one or more educators in pay status if - 
            (i) such educators are needed to operate summer programs,
          attend summer training sessions, or participate in special
          activities including curriculum development committees; and
            (ii) such educators are selected based upon such educator's
          qualifications after public notice of the minimum
          qualifications reasonably necessary and without
          discrimination as to supervisory, nonsupervisory, or other
          status of the educators who apply.
      (2) Appeals
        The supervisor of a Bureau school may appeal to the appropriate
      agency education line officer any refusal by the local school
      board to approve any determination of the supervisor that is
      described in paragraph (1)(A) by filing a written statement
      describing the determination and the reasons the supervisor
      believes such determination should be approved. A copy of such
      statement shall be submitted to the local school board and such
      board shall be afforded an opportunity to respond, in writing, to
      such appeal. After reviewing such written appeal and response,
      the education line officer may, for good cause, approve the
      determination of the supervisor. The educational line officer
      shall transmit the determination of such appeal in the form of a
      written opinion to such local school board and to the supervisor
      identifying the reasons for approving such determination.
    (r) Stipends
      The Secretary is authorized to provide annual stipends to
    teachers who become certified by the National Board of Professional
    Teaching Standards, the National Council on Teacher Quality, or
    other nationally recognized certification or credentialing
    organizations.

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1132, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2044.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The General Schedule, referred to in subsec. (g)(1)(A)(i), is set
    out under section 5332 of Title 5, Government Organization and
    Employees.
      The Defense Department Overseas Teachers Pay and Personnel
    Practices Act, referred to in subsec. (g)(1)(B), is Pub. L. 86-91,
    July 17, 1959, 73 Stat. 213, as amended, which is classified
    generally to chapter 25 (Sec. 901 et seq.) of Title 20, Education.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 901 of Title 20 and Tables.
      Subsection (p), referred to in subsecs. (g)(1)(D)(ii) and (q)(1),
    probably should be a reference to subsec. (o) of prior section 1131
    of Pub. L. 95-561 which was classified to section 2011 of this
    title prior to the general amendment of this chapter by Pub. L. 103-
    382. See Prior Provisions note set out under section 2011 of this
    title.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2012, Pub. L. 95-561, title XI, Sec. 1132, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 4002; amended Pub. L. 105-362, title VIII, Sec. 801(c)(3),
    Nov. 10, 1998, 112 Stat. 3288, related to education personnel,
    prior to the general amendment of this chapter by Pub. L. 107-110.
      Another prior section 2012, Pub. L. 95-561, title XI, Sec. 1132,
    Nov. 1, 1978, 92 Stat. 2326; Pub. L. 96-46, Sec. 2(b)(9), Aug. 6,
    1979, 93 Stat. 341; Pub. L. 98-511, title V, Sec. 508, Oct. 19,
    1984, 98 Stat. 2397, related to establishment of a computerized
    management information system, prior to the general amendment of
    this chapter by Pub. L. 103-382.

     ADJUSTMENTS TO RATES OF BASIC COMPENSATION OR ANNUAL SALARY RATES
                          FOR EDUCATION POSITIONS
      Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept.
    30, 1996, 110 Stat. 3009-181, 3009-193, provided in part: "That in
    fiscal year 1997 and thereafter, notwithstanding the provisions of
    [former] 25 U.S.C. 2012(h)(1)(A) and (B) [see now 25 U.S.C.
    2012(g)(1)(A), (B)], upon the recommendation of either (i) a local
    school board and school supervisor for an education position in a
    Bureau of Indian Affairs operated school, or (ii) an Agency school
    board and education line officer for an Agency education position,
    the Secretary [of the Interior] shall establish adjustments to the
    rates of basic compensation or annual salary rates established
    under [former] 25 U.S.C. 2012(h)(1)(A) and (B) for education
    positions at the school or the Agency, at a level not less than
    that for comparable positions in the nearest public school
    district, and the adjustment shall be deemed to be a change to
    basic pay and shall not be subject to collective bargaining:
    Provided further, That any reduction to rates of basic compensation
    or annual salary rates below the rates established under [former]
    25 U.S.C. 2012(h)(1)(A) and (B) shall apply only to educators
    appointed after June 30, 1997, and shall not affect the right of an
    individual employed on June 30, 1997, in an education position, to
    receive the compensation attached to such position under [former]
    25 U.S.C. 2012(h)(1)(A) and (B) so long as the individual remains
    in the same position at the same school".
      Similar provisions were contained in the following prior
    appropriation act:
      Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996,
    110 Stat. 1321-156, 1321-171; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327.

      Pub. L. 105-83, title I, Nov. 14, 1997, 111 Stat. 1555, provided
    in part: "That beginning in fiscal year 1998 and thereafter and
    notwithstanding [former] 25 U.S.C. 2012(h)(1)(B) [see now 25 U.S.C.
    2012(g)(1)(B)], when the rates of basic compensation for teachers
    and counselors at Bureau-operated schools are established at the
    rates of basic compensation applicable to comparable positions in
    overseas schools under the Defense Department Overseas Teachers Pay
    and Personnel Practices Act [20 U.S.C. 901 et seq.], such rates
    shall become effective with the start of the next academic year
    following the issuance of the Department of Defense salary schedule
    and shall not be effected retroactively".
      Similar provisions were contained in the following prior
    appropriation act:
      Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept.
    30, 1996, 110 Stat. 3009-181, 3009-193.

-FOOTNOTE-
    (!1) So in original. The word "that" probably should not appear.

    (!2) So in original. Subsec. (c)(1)(A) of this section does not
         contain clauses.

    (!3) See References in Text note below.

    (!4) So in original. Subsec. (l)(1) of this section does not
         contain subpars.

    (!5) See References in Text note below.

    (!6) So in original. The comma probably should be a closing
         parenthesis.

    (!7) So in original. Probably should be section "2010(b)".


-End-



-CITE-
    25 USC Sec. 2013                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2013. Computerized management information system

-STATUTE-
    (a) In general
      Not later than 12 months after January 8, 2002, the Secretary
    shall update the computerized management information system within
    the Office. The information to be updated shall include information
    regarding - 
        (1) student enrollment;
        (2) curricula;
        (3) staffing;
        (4) facilities;
        (5) community demographics;
        (6) student assessment information;
        (7) information on the administrative and program costs
      attributable to each Bureau program, divided into discrete
      elements;
        (8) relevant reports;
        (9) personnel records;
        (10) finance and payroll; and
        (11) such other items as the Secretary determines to be
      appropriate.
    (b) Implementation of system
      Not later than July 1, 2003, the Secretary shall complete the
    implementation of the updated computerized management information
    system at each Bureau field office and Bureau-funded school.

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1133, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2055.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2013, Pub. L. 95-561, title XI, Sec. 1133, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 4010, related to management information system, prior to the
    general amendment of this chapter by Pub. L. 107-110.
      Another prior section 2013, Pub. L. 95-561, title XI, Sec. 1133,
    Nov. 1, 1978, 92 Stat. 2327, related to Bureau education policies,
    practices, and procedures, prior to the general amendment of this
    chapter by Pub. L. 103-382.

-End-



-CITE-
    25 USC Sec. 2014                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2014. Recruitment of Indian educators

-STATUTE-
      The Secretary shall institute a policy for the recruitment of
    qualified Indian educators and a detailed plan to promote employees
    from within the Bureau. Such plan shall include opportunities for
    acquiring work experience prior to actual work assignment.

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1134, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2055.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2014, Pub. L. 95-561, title XI, Sec. 1134, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 4010, related to Bureau education policies, prior to the
    general amendment of this chapter by Pub. L. 107-110.
      Another prior section 2014, Pub. L. 95-561, title XI, Sec. 1134,
    Nov. 1, 1978, 92 Stat. 2327, related to uniform education
    procedures and practices by Bureau divisions, prior to the general
    amendment of this chapter by Pub. L. 103-382.

-End-



-CITE-
    25 USC Sec. 2015                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2015. Annual report; audits

-STATUTE-
    (a) Annual reports
      The Secretary shall submit to each appropriate committee of
    Congress, all Bureau-funded schools, and the tribal governing
    bodies of such schools, a detailed annual report on the state of
    education within the Bureau, and any problems encountered in Indian
    education during the period covered by the report, that includes - 
        (1) suggestions for the improvement of the Bureau educational
      system and for increasing tribal or local Indian control of such
      system; and
        (2) information on the status of tribally controlled community
      colleges.
    (b) Budget request
      The annual budget request for the education programs of the
    Bureau, as submitted as part of the President's next annual budget
    request under section 1105 of title 31 shall include the plans
    required by sections 2001(c), 2002(c), and 2004(c) (!1) of this
    title.

    (c) Financial and compliance audits
      The Inspector General of the Department of the Interior shall
    establish a system to ensure that financial and compliance audits,
    based upon the extent to which a school described in subsection (a)
    of this section has complied with the local financial plan under
    section 2010 of this title, are conducted of each Bureau-operated
    school at least once every 3 years.
    (d) Administrative evaluation of schools
      The Director shall, at least once every 3 to 5 years, conduct a
    comprehensive evaluation of Bureau-operated schools. Such
    evaluation shall be in addition to any other program review or
    evaluation that may be required under Federal law.

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1135, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2056.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2015, Pub. L. 95-561, title XI, Sec. 1135, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 4010, related to uniform education procedures and practices,
    prior to the general amendment of this chapter by Pub. L. 107-110.
      Another prior section 2015, Pub. L. 95-561, title XI, Sec. 1135,
    Nov. 1, 1978, 92 Stat. 2327, related to recruitment policy for
    Indian educators and promotion plan for Bureau employees, prior to
    the general amendment of this chapter by Pub. L. 103-382.

-FOOTNOTE-
    (!1) So in original. Probably should be "2005(c)".


-End-



-CITE-
    25 USC Sec. 2016                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2016. Rights of Indian students

-STATUTE-
      The Secretary shall prescribe such rules and regulations as are
    necessary to ensure the constitutional and civil rights of Indian
    students attending Bureau-funded schools, including such students'
    rights to - 
        (1) privacy under the laws of the United States;
        (2) freedom of religion and expression; and
        (3) due process in connection with disciplinary actions,
      suspensions, and expulsions.

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1136, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2056.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2016, Pub. L. 95-561, title XI, Sec. 1136, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 4010, related to recruitment of Indian educators, prior to
    the general amendment of this chapter by Pub. L. 107-110. See
    section 2014 of this title.
      Another prior section 2016, Pub. L. 95-561, title XI, Sec. 1136,
    Nov. 1, 1978, 92 Stat. 2327; Pub. L. 97-375, title II, Sec. 208(b),
    Dec. 21, 1982, 96 Stat. 1825; Pub. L. 98-511, title V, Sec. 509,
    Oct. 19, 1984, 98 Stat. 2397; Pub. L. 99-89, Sec. 7, Aug. 15, 1985,
    99 Stat. 383, related to annual reports to Congressional committees
    and audits, prior to the general amendment of this chapter by Pub.
    L. 103-382.
      A prior section 2016a, Pub. L. 100-297, title VI, Sec. 6210, Apr.
    28, 1988, 102 Stat. 427, directed Assistant Secretary of the
    Interior for Bureau of Indian Affairs to submit to appropriate
    committees of Congress, the President, and the Secretary by
    September 30 of every other year a report on education of Indian
    children, prior to repeal by Pub. L. 100-427, Sec. 27, Sept. 9,
    1988, 102 Stat. 1614.

-End-



-CITE-
    25 USC Sec. 2017                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2017. Regulations

-STATUTE-
    (a) Promulgation
      (1) In general
        The Secretary may promulgate only such regulations - 
          (A) as are necessary to ensure compliance with the specific
        provisions of this chapter; and
          (B) as the Secretary is authorized to promulgate pursuant to
        section 2510 of this title.(!1)

      (2) Publication
        In promulgating the regulations, the Secretary shall - 
          (A) publish proposed regulations in the Federal Register; and
          (B) provide a period of not less than 120 days for public
        comment and consultation on the regulations.
      (3) Citation
        The regulations shall contain, immediately following each
      regulatory section, a citation to any statutory provision
      providing authority to promulgate such regulatory section.
    (b) Miscellaneous
      The provisions of this Act shall supersede any conflicting
    provisions of law (including any conflicting regulations) in effect
    on the day before the date of enactment of this Act and the
    Secretary is authorized to repeal any regulation inconsistent with
    the provisions of this Act.

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1137, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2056.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (b), means Pub. L. 95-561, Nov.
    1, 1978, 92 Stat. 2143, as amended, known as the Education
    Amendments of 1978. 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.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2017, Pub. L. 95-561, title XI, Sec. 1137, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 4011; amended Pub. L. 105-244, title IX, Sec. 901(d), Oct. 7,
    1998, 112 Stat. 1828; Pub. L. 105-362, title VIII, Sec. 801(c)(4),
    Nov. 10, 1998, 112 Stat. 3288, related to biennial report, prior to
    the general amendment of this chapter by Pub. L. 107-110. See
    section 2015 of this title.
      Another prior section 2017, Pub. L. 95-561, title XI, Sec. 1137,
    Nov. 1, 1978, 92 Stat. 2327, related to constitutional and civil
    rights of Indian children attending Bureau schools, prior to the
    general amendment of this chapter by Pub. L. 103-382.

-FOOTNOTE-               

    (!1) So in original. Probably should be section "2509".


-End-



-CITE-
    25 USC Sec. 2018                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2018. Regional meetings and negotiated rulemaking

-STATUTE-
    (a) Regional meetings
      Prior to publishing any proposed regulations under subsection
    (b)(1) of this section, and prior to establishing the negotiated
    rulemaking committee under subsection (b)(3) of this section, the
    Secretary shall convene regional meetings to consult with personnel
    of the Office of Indian Education Programs, educators at Bureau
    schools, and tribal officials, parents, teachers, administrators,
    and school board members of tribes served by Bureau-funded schools
    to provide guidance to the Secretary on the content of regulations
    authorized to be promulgated under this chapter and the Tribally
    Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.].
    (b) Negotiated rulemaking
      (1) In general
        Notwithstanding sections 563(a) and 565(a) of title 5, the
      Secretary shall promulgate regulations authorized under
      subsection (a) of this section and under the Tribally Controlled
      Schools Act of 1988 [25 U.S.C. 2501 et seq.], in accordance with
      the negotiated rulemaking procedures provided for under
      subchapter III of chapter 5 of title 5, and shall publish final
      regulations in the Federal Register.
      (2) Notification to Congress
        If draft regulations implementing this chapter and the Tribally
      Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.] are not
      promulgated in final form within 18 months after January 8, 2002,
      the Secretary shall notify the appropriate committees of Congress
      of which draft regulations were not promulgated in final form by
      the deadline and the reason such final regulations were not
      promulgated.
      (3) Rulemaking committee
        The Secretary shall establish a negotiated rulemaking committee
      to carry out this subsection. In establishing such committee, the
      Secretary shall - 
          (A) apply the procedures provided for under subchapter III of
        chapter 5 of title 5 in a manner that reflects the unique
        government-to-government relationship between Indian tribes and
        the United States;
          (B) ensure that the membership of the committee includes only
        representatives of the Federal Government and of tribes served
        by Bureau-funded schools;
          (C) select the tribal representatives of the committee from
        among individuals nominated by the representatives of the
        tribal and tribally operated schools;
          (D) ensure, to the maximum extent possible, that the tribal
        representative membership on the committee reflects the
        proportionate share of students from tribes served by the
        Bureau-funded school system; and
          (E) comply with the Federal Advisory Committee Act (5 U.S.C.
        App.).
      (4) Special rule
        The Secretary shall carry out this section using the general
      administrative funds of the Department of the Interior. In
      accordance with subchapter III of chapter 5 of title 5 and
      section 7(d) of the Federal Advisory Committee Act, payment of
      costs associated with negotiated rulemaking shall include the
      reasonable expenses of committee members.
    (c) Application of section
      (1) Supremacy of provisions
        The provisions of this section shall supersede any conflicting
      regulations in effect on the day before the date of enactment of
      this chapter, and the Secretary may repeal any regulation that is
      inconsistent with the provisions of this chapter.
      (2) Modifications
        The Secretary may modify regulations promulgated under this
      section or the Tribally Controlled Schools Act of 1988 [25 U.S.C.
      2501 et seq.], only in accordance with this section.

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1138, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2057.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Tribally Controlled Schools Act of 1988, referred to in
    subsecs. (a), (b)(1), (2), and (c)(2), is part B (Sec. 5201-5212)
    of title V of Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 385, as
    amended, which is classified generally to chapter 27 (Sec. 2501 et
    seq.) of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 2501 of this title
    and Tables.
      The Federal Advisory Committee Act, referred to in subsec.
    (b)(3)(E), (4), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as
    amended, which is set out in the Appendix to Title 5, Government
    Organization and Employees.
      The date of enactment of this chapter, referred to in subsec.
    (c)(1), probably means the date of enactment of Pub. L. 107-110,
    which amended this chapter generally and was approved Jan. 8, 2002.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2018, Pub. L. 95-561, title XI, Sec. 1138, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 4011, related to rights of Indian students, prior to the
    general amendment of this chapter by Pub. L. 107-110. See section
    2016 of this title.
      Another prior section 2018, Pub. L. 95-561, title XI, Sec. 1138,
    Nov. 1, 1978, 92 Stat. 2327; Pub. L. 98-511, title V, Sec. 510,
    Oct. 19, 1984, 98 Stat. 2397, related to regulations implementing
    administrative provisions, prior to the general amendment of this
    chapter by Pub. L. 103-382.

-End-



-CITE-
    25 USC Sec. 2019                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2019. Early childhood development program

-STATUTE-
    (a) In general
      The Secretary shall provide grants to tribes, tribal
    organizations, and consortia of tribes and tribal organizations to
    fund early childhood development programs that are operated by such
    tribes, organizations, or consortia.
    (b) Amount of grants
      (1) In general
        The total amount of the grants provided under subsection (a) of
      this section with respect to each tribe, tribal organization, or
      consortium of tribes or tribal organizations for each fiscal year
      shall be equal to the amount which bears the same relationship to
      the total amount appropriated under the authority of subsection
      (g) of this section for such fiscal year (less amounts provided
      under subsection (f) of this section) as - 
          (A) the total number of children under 6 years of age who are
        members of - 
            (i) such tribe;
            (ii) the tribe that authorized such tribal organization; or
            (iii) any tribe that - 
              (I) is a member of such consortium; or
              (II) authorizes any tribal organization that is a member
            of such consortium; bears to

          (B) the total number of all children under 6 years of age who
        are members of any tribe that - 
            (i) is eligible to receive funds under subsection (a) of
          this section;
            (ii) is a member of a consortium that is eligible to
          receive such funds; or
            (iii) authorizes a tribal organization that is eligible to
          receive such funds.
      (2) Limitation
        No grant may be provided under subsection (a) of this section -
      
          (A) to any tribe that has less than 500 members;
          (B) to any tribal organization which is authorized - 
            (i) by only one tribe that has less than 500 members; or
            (ii) by one or more tribes that have a combined total
          membership of less than 500 members; or

          (C) to any consortium composed of tribes, or tribal
        organizations authorized by tribes, that have a combined total
        tribal membership of less than 500 members.
    (c) Application
      (1) In general
        A grant may be provided under subsection (a) of this section to
      a tribe, tribal organization, or consortium of tribes and tribal
      organizations only if the tribe, organization, or consortium
      submits to the Secretary an application for the grant at such
      time and in such form as the Secretary shall prescribe.
      (2) Contents
        Applications submitted under paragraph (1) shall set forth the
      early childhood development program that the applicant desires to
      operate.
    (d) Requirement of programs funded
      The early childhood development programs that are funded by
    grants provided under subsection (a) of this section - 
        (1) shall coordinate existing programs and may provide services
      that meet identified needs of parents and children under 6 years
      of age which are not being met by existing programs, including - 
          (A) prenatal care;
          (B) nutrition education;
          (C) health education and screening;
          (D) family literacy services;
          (E) educational testing; and
          (F) other educational services;

        (2) may include instruction in the language, art, and culture
      of the tribe; and
        (3) shall provide for periodic assessment of the program.
    (e) Coordination of family literacy programs
      Family literacy programs operated under this section and other
    family literacy programs operated by the Bureau of Indian Affairs
    shall be coordinated with family literacy programs for Indian
    children under part B of title I of the Elementary and Secondary
    Education Act of 1965 [20 U.S.C. 6361 et seq.] in order to avoid
    duplication and to encourage the dissemination of information on
    quality family literacy programs serving Indians.
    (f) Administrative costs
      The Secretary shall, out of funds appropriated under subsection
    (g) of this section, include in the grants provided under
    subsection (a) of this section amounts for administrative costs
    incurred by the tribe, tribal organization, or consortium of tribes
    in establishing and maintaining the early childhood development
    program.
    (g) Authorization of appropriations
      There are authorized to be appropriated to carry out this section
    such sums as may be necessary.

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1139, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2058.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Elementary and Secondary Education Act of 1965, referred to
    in subsec. (e), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as
    amended. Part B of title I of the Act is classified generally to
    part B (Sec. 6361 et seq.) of subchapter I 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.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2019, Pub. L. 95-561, title XI, Sec. 1139, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 4011, related to promulgation of regulations, prior to repeal
    by Pub. L. 105-362, title VIII, Sec. 801(c)(5), Nov. 10, 1998, 112
    Stat. 3288. See section 2017 of this title.
      Another prior section 2019, Pub. L. 95-561, title XI, Sec. 1139,
    Nov. 1, 1978, 92 Stat. 2328; Pub. L. 100-297, title V, Sec. 5117,
    Apr. 28, 1988, 102 Stat. 382; Pub. L. 100-427, Sec. 1(c)(1), (2),
    Sept. 9, 1988, 102 Stat. 1603; Pub. L. 101-301, Sec. 5(a), May 24,
    1990, 104 Stat. 207, defined terms used in this chapter, prior to
    the general amendment of this chapter by Pub. L. 103-382.

-End-



-CITE-
    25 USC Sec. 2020                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2020. Tribal departments or divisions of education

-STATUTE-
    (a) In general
      Subject to the availability of appropriations, the Secretary
    shall make grants and provide technical assistance to tribes for
    the development and operation of tribal departments or divisions of
    education for the purpose of planning and coordinating all
    educational programs of the tribe.
    (b) Applications
      For a tribe to be eligible to receive a grant under this section,
    the governing body of the tribe shall submit an application to the
    Secretary at such time, in such manner, and containing such
    information as the Secretary may require.
    (c) Diversity
      The Secretary shall award grants under this section in a manner
    that fosters geographic and population diversity.
    (d) Use
      Tribes that receive grants under this section shall use the funds
    made available through the grants - 
        (1) to facilitate tribal control in all matters relating to the
      education of Indian children on reservations (and on former
      Indian reservations in Oklahoma);
        (2) to provide for the development of coordinated educational
      programs (including all preschool, elementary, secondary, and
      higher or vocational educational programs funded by tribal,
      Federal, or other sources) on reservations (and on former Indian
      reservations in Oklahoma) by encouraging tribal administrative
      support of all Bureau-funded educational programs as well as
      encouraging tribal cooperation and coordination with entities
      carrying out all educational programs receiving financial support
      from other Federal agencies, State agencies, or private entities;
      and
        (3) to provide for the development and enforcement of tribal
      educational codes, including tribal educational policies and
      tribal standards applicable to curriculum, personnel, students,
      facilities, and support programs.
    (e) Priorities
      In making grants under this section, the Secretary shall give
    priority to any application that - 
        (1) includes - 
          (A) assurances that the applicant serves three or more
        separate Bureau-funded schools; and
          (B) assurances from the applicant that the tribal department
        of education to be funded under this section will provide
        coordinating services and technical assistance to all of such
        schools;

        (2) includes assurances that all education programs for which
      funds are provided by such a contract or grant will be monitored
      and audited, by or through the tribal department of education, to
      ensure that the programs meet the requirements of law; and
        (3) provides a plan and schedule that - 
          (A) provides for - 
            (i) the assumption, by the tribal department of education,
          of all assets and functions of the Bureau agency office
          associated with the tribe, to the extent the assets and
          functions relate to education; and
            (ii) the termination by the Bureau of such functions and
          office at the time of such assumption; and

          (B) provides that the assumption shall occur over the term of
        the grant made under this section, except that, when mutually
        agreeable to the tribal governing body and the Assistant
        Secretary, the period in which such assumption is to occur may
        be modified, reduced, or extended after the initial year of the
        grant.
    (f) Time period of grant
      Subject to the availability of appropriated funds, a grant
    provided under this section shall be provided for a period of 3
    years. If the performance of the grant recipient is satisfactory to
    the Secretary, the grant may be renewed for additional 3-year
    terms.
    (g) Terms, conditions, or requirements
      A tribe that receives a grant under this section shall comply
    with regulations relating to grants made under section 450h(a) of
    this title that are in effect on the date that the tribal governing
    body submits the application for the grant under subsection (b) of
    this section. The Secretary shall not impose any terms, conditions,
    or requirements on the provision of grants under this section that
    are not specified in this section.
    (h) Authorization of appropriations
      There are authorized to be appropriated to carry out this section
    $2,000,000.

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1140, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2059.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2020, Pub. L. 95-561, title XI, Sec. 1140, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 4011, related to voluntary services, prior to the general
    amendment of this chapter by Pub. L. 107-110. See section 2012 of
    this title.
      Another prior section 2020, Pub. L. 95-561, title XI, Sec. 1140,
    as added Pub. L. 98-511, title V, Sec. 511, Oct. 19, 1984, 98 Stat.
    2397; amended Pub. L. 99-89, Sec. 8, Aug. 15, 1985, 99 Stat. 383,
    related to voluntary services, prior to the general amendment of
    this chapter by Pub. L. 103-382.

-End-



-CITE-
    25 USC Sec. 2021                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS

-HEAD-
    Sec. 2021. Definitions

-STATUTE-
      For the purposes of this chapter, unless otherwise specified:
      (1) Agency school board
        The term "agency school board" means a body - 
          (A) the members of which are appointed by all of the school
        boards of the schools located within an agency, including
        schools operated under contract or grant; and
          (B) the number of such members is determined by the
        Secretary, in consultation with the affected tribes;

      except that, in agencies serving a single school, the school
      board of such school shall fulfill these duties, and in agencies
      having schools or a school operated under contract or grant, one
      such member at least shall be from such a school.
      (2) Bureau
        The term "Bureau" means the Bureau of Indian Affairs of the
      Department of the Interior.
      (3) Bureau-funded school
        The term "Bureau-funded school" means - 
          (A) a Bureau school;
          (B) a contract or grant school; or
          (C) a school for which assistance is provided under the
        Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et
        seq.].
      (4) Bureau school
        The term "Bureau school" means a Bureau-operated elementary or
      secondary day or boarding school or a Bureau-operated dormitory
      for students attending a school other than a Bureau school.
      (5) Complementary educational facilities
        The term "complementary educational facilities" means
      educational program functional spaces such as libraries,
      gymnasiums, and cafeterias.
      (6) Contract or grant school
        The term "contract or grant school" means an elementary school,
      secondary school, or dormitory that receives financial assistance
      for its operation under a contract, grant, or agreement with the
      Bureau under section 450f, 450h(a), or 458d of this title, or
      under the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501
      et seq.].
      (7) Director
        The term "Director" means the Director of the Office of Indian
      Education Programs.
      (8) Education line officer
        The term "education line officer" means a member of the
      education personnel under the supervision of the Director of the
      Office, whether located in a central, area, or agency office.
      (9) Family literacy services
        The term "family literacy services" has the meaning given that
      term in section 7801 (!1) of title 20.

      (10) Financial plan
        The term "financial plan" means a plan of services provided by
      each Bureau school.
      (11) Indian organization
        The term "Indian organization" means any group, association,
      partnership, corporation, or other legal entity owned or
      controlled by a federally recognized Indian tribe or tribes, or a
      majority of whose members are members of federally recognized
      tribes.
      (12) Inherently Federal functions
        The term "inherently Federal functions" means functions and
      responsibilities which, under section 2006(c) of this title, are
      noncontractable, including - 
          (A) the allocation and obligation of Federal funds and
        determinations as to the amounts of expenditures;
          (B) the administration of Federal personnel laws for Federal
        employees;
          (C) the administration of Federal contracting and grant laws,
        including the monitoring and auditing of contracts and grants
        in order to maintain the continuing trust, programmatic, and
        fiscal responsibilities of the Secretary;
          (D) the conducting of administrative hearings and deciding of
        administrative appeals;
          (E) the determination of the Secretary's views and
        recommendations concerning administrative appeals or litigation
        and the representation of the Secretary in administrative
        appeals and litigation;
          (F) the issuance of Federal regulations and policies as well
        as any documents published in the Federal Register;
          (G) reporting to Congress and the President;
          (H) the formulation of the Secretary's and the President's
        policies and their budgetary and legislative recommendations
        and views; and
          (I) the nondelegable statutory duties of the Secretary
        relating to trust resources.
      (13) Local educational agency
        The term "local educational agency" means a board of education
      or other legally constituted local school authority having
      administrative control and direction of free public education in
      a county, township, or independent or other school district
      located within a State, and includes any State agency that
      directly operates and maintains facilities for providing free
      public education.
      (14) Local school board
        The term "local school board", when used with respect to a
      Bureau school, means a body chosen in accordance with the laws of
      the tribe to be served or, in the absence of such laws, elected
      by the parents of the Indian children attending the school,
      except that, for a school serving a substantial number of
      students from different tribes - 
          (A) the members of the body shall be appointed by the tribal
        governing bodies of the tribes affected; and
          (B) the number of such members shall be determined by the
        Secretary in consultation with the affected tribes.
      (15) Office
        The term "Office" means the Office of Indian Education Programs
      within the Bureau.
      (16) Regulation
        (A) In general
          The term "regulation" means any part of a statement of
        general or particular applicability of the Secretary designed
        to carry out, interpret, or prescribe law or policy in carrying
        out this Act.
        (B) Rule of construction
          Nothing in subparagraph (A) or any other provision of this
        chapter shall be construed to prohibit the Secretary from
        issuing guidance, internal directives, or other documents
        similar to the documents found in the Indian Affairs Manual of
        the Bureau of Indian Affairs.
      (17) Secretary
        The term "Secretary" means the Secretary of the Interior.
      (18) Supervisor
        The term "supervisor" means the individual in the position of
      ultimate authority at a Bureau school.
      (19) Tribal governing body
        The term "tribal governing body" means, with respect to any
      school, the tribal governing body, or tribal governing bodies,
      that represent at least 90 percent of the students served by such
      school.
      (20) Tribe
        The term "tribe" means any Indian tribe, band, nation, or other
      organized group or community, including an Alaska Native Regional
      Corporation or Village 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.

-SOURCE-
    (Pub. L. 95-561, title XI, Sec. 1141, as added Pub. L. 107-110,
    title X, Sec. 1042, Jan. 8, 2002, 115 Stat. 2061.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Tribally Controlled Schools Act of 1988, referred to in pars.
    (3)(C) and (6), is part B (Sec. 5201-5212) of title V of Pub. L.
    100-297, Apr. 28, 1988, 102 Stat. 385, as amended, which is
    classified generally to chapter 27 (Sec. 2501 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2501 of this title and
    Tables.
      Section 7801 of title 20, referred to in par. (9), was in the
    original "section 8101 of the Elementary and Secondary Education
    Act of 1965", meaning section 8101 of Pub. L. 89-10, which was
    translated as if it referred to section 9101 of that Act to reflect
    the probable intent of Congress, because section 8101 was repealed
    by Pub. L. 107-110, title X, Sec. 1011(5)(C), Jan. 8, 2002, 115
    Stat. 1986, and section 9101, as added by Pub. L. 107-110, title
    IX, Sec. 901, Jan. 8, 2002, 115 Stat. 1956, defines "family
    literacy services".
      This Act, referred to in par. (16)(A), means Pub. L. 95-561, Nov.
    1, 1978, 92 Stat. 2143, as amended, known as the Education
    Amendments of 1978. 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.
      This chapter, referred to in par. (16)(B), was in the original
    "this title", meaning title XI (Sec. 1101 et seq.) of Pub. L. 95-
    561, as amended, which is classified principally to this chapter.
    For complete classification of title XI to the Code, see Tables.
      The Alaska Native Claims Settlement Act, referred to in par.
    (20), 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.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2021, Pub. L. 95-561, title XI, Sec. 1141, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 4012, related to proration of pay, prior to the general
    amendment of this chapter by Pub. L. 107-110. See section 2012 of
    this title.
      Another prior section 2021, Pub. L. 95-561, title XI, Sec. 1140A,
    formerly Sec. 1141, as added Pub. L. 98-511, title V, Sec. 512,
    Oct. 19, 1984, 98 Stat. 2398; renumbered Sec. 1140A and amended
    Pub. L. 99-89, Sec. 9(a)(1), (b), Aug. 15, 1985, 99 Stat. 383,
    related to proration of pay, prior to the general amendment of this
    chapter by Pub. L. 103-382.
      A prior section 2022, Pub. L. 95-561, title XI, Sec. 1142, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 4012, related to extracurricular activities, prior to the
    general amendment of this chapter by Pub. L. 107-110. See section
    2012 of this title.
      Another prior section 2022 and prior sections 2022a and 2022b
    were omitted in the general amendment of this chapter by Pub. L.
    103-382.
      Section 2022, Pub. L. 95-561, title XI, Sec. 1140B, formerly Sec.
    1142, as added Pub. L. 98-511, title V, Sec. 512, Oct. 19, 1984, 98
    Stat. 2398; renumbered Sec. 1140B, and amended Pub. L. 99-89, Sec.
    9(a)(1), (c), Aug. 15, 1985, 99 Stat. 383, related to
    extracurricular activities.
      Section 2022a, Pub. L. 95-561, title XI, Sec. 1141, as added Pub.
    L. 100-297, title V, Sec. 5116(2), Apr. 28, 1988, 102 Stat. 381,
    related to early childhood development program.
      Section 2022b, Pub. L. 95-561, title XI, Sec. 1142, as added Pub.
    L. 100-297, title V, Sec. 5119, Apr. 28, 1988, 102 Stat. 383,
    related to tribal departments of education.
      A prior section 2023, Pub. L. 95-561, title XI, Sec. 1143, as
    added Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108
    Stat. 4012; amended Pub. L. 106-554, Sec. 1(a)(4) [div. B, title
    XVI, Sec. 1607(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-335,
    related to early childhood development program, prior to the
    general amendment of this chapter by Pub. L. 107-110. See section
    2019 of this title.
      Another prior section 2023, Pub. L. 95-561, title XI, Sec. 1143,
    as added Pub. L. 98-511, title V, Sec. 512, Oct. 19, 1984, 98 Stat.
    2398, related to employee housing, rental rates, and waiver of
    rentals during non-session periods and non-pay status, prior to
    repeal by Pub. L. 99-89, Sec. 9(a)(2), Aug. 15, 1985, 99 Stat. 383.
      Prior sections 2024 to 2026 were omitted in the general amendment
    of this chapter by Pub. L. 107-110.
      Section 2024, Pub. L. 95-561, title XI, Sec. 1144, as added Pub.
    L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 4013;
    amended Pub. L. 105-244, title IX, Sec. 901(d), Oct. 7, 1998, 112
    Stat. 1828, related to tribal departments of education. See section
    2020 of this title.
      Section 2025, Pub. L. 95-561, title XI, Sec. 1145, as added Pub.
    L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 4015,
    related to payments to grantees.
      Section 2026, Pub. L. 95-561, title XI, Sec. 1146, as added Pub.
    L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 4015;
    amended Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVI, Sec.
    1607(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A-335, defined terms.
    See section 2021 of this title.

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


-End-