Page 175 TITLE 25—INDIANS § 458

1See References in Text note below.

determination of the Secretary, contains educational objectives which adequately address

the educational needs of the Indian students

who are to be beneficiaries of the contract and

assures that the contract is capable of meeting

such objectives: Provided, That where students

other than Indian students participate in such

programs, money expended under such contract

shall be prorated to cover the participation of

only the Indian students.

(Apr. 16, 1934, ch. 147, §4, as added Pub. L. 93–638,

title II, §202, Jan. 4, 1975, 88 Stat. 2213.)

PRIOR PROVISIONS

A prior section 4 of act Apr. 16, 1934, ch. 147, 48 Stat.

596; June 4, 1936, ch. 490, 49 Stat. 1458, directed Secretary of the Interior to report to Congress any contracts made under provisions of sections 452 to 454 of

this title, prior to repeal by Pub. L. 86–533, §1(15), June

29, 1960, 74 Stat. 248.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 20 section 2313.

§ 456. Local committee of Indian parents in

school districts having school boards composed of non-Indian majority

(a) Election; functions

Whenever a school district affected by a contract or contracts for the education of Indians

pursuant to sections 452 to 457 of this title has

a local school board not composed of a majority

of Indians, the parents of the Indian children enrolled in the school or schools affected by such

contract or contracts shall elect a local committee from among their number. Such committee

shall fully participate in the development of,

and shall have the authority to approve or disapprove programs to be conducted under such

contract or contracts, and shall carry out such

other duties, and be so structured, as the Secretary of the Interior shall by regulation provide: Provided, however, That, whenever a local

Indian committee or committees established

pursuant to section 7814(c)(4) 1 of title 20 or an

Indian advisory school board or boards established pursuant to sections 452 to 457 of this title

prior to January 4, 1975, exists in such school

district, such committee or board may, in the

discretion of the affected tribal governing body

or bodies, be utilized for the purposes of this section.

(b) Revocation of contracts

The Secretary of the Interior may, in his discretion, revoke any contract if the contractor

fails to permit a local committee to perform its

duties pursuant to subsection (a) of this section.

(Apr. 16, 1934, ch. 147, §5, as added Pub. L. 93–638,

title II, §202, Jan. 4, 1975, 88 Stat. 2213; amended

Pub. L. 103–382, title III, §393(d), Oct. 20, 1994, 108

Stat. 4027.)

REFERENCES IN TEXT

Section 7814(c)(4) of title 20, referred to in subsec. (a),

was in the original ‘‘section 9104(c)(4) of the Elementary and Secondary Education Act of 1965’’, meaning

section 9104(c)(4) of Pub. L. 89–10, which was translated

as reading section 9114(c)(4) of Pub. L. 89–10 to reflect

the probable intent of Congress, because Pub. L. 89–10

does not contain a section 9104, but it does contain a

section 9114 which in subsec. (c)(4) relates to committees of parents of Indian children.

PRIOR PROVISIONS

A prior section 5 of act Apr. 16, 1934, ch. 147, 48 Stat.

596, excluded Oklahoma from the application of contract provisions, and was omitted by act June 4, 1936,

ch. 490, 49 Stat. 1458.

AMENDMENTS

1994—Subsec. (a). Pub. L. 103–382 substituted reference to section 7814(c)(4) of title 20 for reference to

section 241dd(b)(2)(B)(ii) of title 20.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 20 section 2313.

§ 457. Reimbursement to school districts for educating non-resident students

Any school district educating Indian students

who are members of recognized Indian tribes,

who do not normally reside in the State in

which such school district is located, and who

are residing in Federal boarding facilities for

the purposes of attending public schools within

such district may, in the discretion of the Secretary of the Interior, be reimbursed by him for

the full per capita costs of educating such Indian students.

(Apr. 16, 1934, ch. 147, §6, as added Pub. L. 93–638,

title II, §202, Jan. 4, 1975, 88 Stat. 2214.)

INDIAN EDUCATIONAL REPORT; SUBMISSION TO CONGRESSIONAL COMMITTEES; TIME OF SUBMISSION; SCOPE AND

CONTENT OF REPORT

Section 203 of Pub. L. 93–638 provided for a report to

be prepared and submitted not later than Oct. 1, 1975,

by the Secretary of the Interior to the Committees on

Interior and Insular Affairs of the United States Senate

and the House of Representatives after conferring with

persons competent in the field of Indian education and

consulting with the Secretary of Health, Education,

and Welfare. The report was to include analysis of the

act of Apr. 16, 1934, and a specific program to meet the

special educational needs of Indian children who attend

public schools.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 453, 454, 456 of

this title; title 20 section 2313.

PART C—INDIAN EDUCATION ASSISTANCE

§ 458. School construction, acquisition, or renovation contracts

(a) Authorization; prerequisites

The Secretary is authorized to enter into a

contract or contracts with any State education

agency or school district for the purpose of assisting such agency or district in the acquisition

of sites for, or the construction, acquisition, or

renovation of facilities (including all necessary

equipment) in school districts on or adjacent to

or in close proximity to any Indian reservation

or other lands held in trust by the United States

for Indians, if such facilities are necessary for

the education of Indians residing on any such

reservation or lands.