§ 2509 TITLE 25—INDIANS Page 624

1See References in Text note below.

2So in original. Probably should be Public Law ‘‘93–638;’’.

ing any program or service if a grant has been

made under this chapter to pay such expenses.

(d) Transfers and carryovers

(1) A tribe or tribal organization assuming the

operation of a Bureau school with assistance

under this chapter shall be entitled to the transfer or use of buildings, equipment, supplies, and

materials to the same extent as if it were contracting under the Indian Self-Determination

and Education Assistance Act (25 U.S.C. 450 et

seq.).

(2) A tribe or tribal organization assuming the

operation of a contract school with assistance

under this chapter shall be entitled to the transfer or use of the buildings, equipment, supplies,

and materials that were used in the operation of

the contract school to the same extent as if it

were contracting under the Indian Self-Determination and Education Assistance Act (25

U.S.C. 450 et seq.).

(3) Any tribe or tribal organization which assumes operation of a Bureau school with assistance under this chapter and any tribe or tribal

organization which elects to operate a school

with assistance under this chapter rather than

to continue as a contract school shall be entitled to any funds which would carryover from

the previous fiscal year as if such school were

operated as a contract school.

(e) Exceptions, problems, and disputes

Any exception or problem cited in an audit

conducted pursuant to section 2506(b)(2) of this

title, any dispute regarding a grant authorized

to be made pursuant to this chapter or any

amendment to such grant, and any dispute involving an administrative cost grant under section 1128A 1 of the Education Amendments of

1978 shall be handled under the provisions governing such exceptions, problems, or disputes in

the case of contracts under the Indian Self-Determination and Education Assistance Act of

1975 (Public Law 93–658;2 25 U.S.C. 450 et seq.).

The Equal Access to Justice Act shall apply to

administrative appeals filed after September 8,

1988, by grantees regarding a grant under this

chapter, including an administrative cost grant.

(Pub. L. 100–297, title V, §5209, Apr. 28, 1988, 102

Stat. 394; Pub. L. 100–427, §14, Sept. 9, 1988, 102

Stat. 1609; Pub. L. 101–301, §5(b), May 24, 1990, 104

Stat. 207; Pub. L. 103–382, title III, §382(d), (e),

Oct. 20, 1994, 108 Stat. 4017, 4018.)

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act, referred to in subsecs. (b)(1), (c), (d)(1), (2),

and (e), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, as

amended, which is classified principally to subchapter

II (§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.

Section 1128A of the Education Amendments of 1978,

referred to in subsec. (e), means section 1128A of Pub.

L. 95–561, which was classified to section 2008A of this

title, prior to the general amendment of chapter 22

(§2001 et seq.) of this title by Pub. L. 103–382, title III,

§381, Oct. 20, 1994, 108 Stat. 3979. Pub. L. 103–382 enacted

a new section 1128 of Pub. L. 95–561, relating to administrative cost grants, which is classified to section 2008 of

this title.

The Equal Access to Justice Act, referred to in subsec. (e), is title II of Pub. L. 96–481, Oct. 21, 1980, 94 Stat.

2325, as amended. For complete classification of this

Act to the Code, see Short Title note set out under section 504 of Title 5, Government Organization and Employees, and Tables.

AMENDMENTS

1994—Subsec. (a). Pub. L. 103–382, §382(d), amended

heading and text of subsec. (a) generally. Prior to

amendment, text read as follows: ‘‘All provisions of sections 5, 6, 7, 104, 109, and 110 of the Indian Self-Determination and Education Assistance Act except those

provisions pertaining to indirect costs and length of

contract, shall apply to grants provided under this

chapter.’’

Subsec. (e). Pub. L. 103–382, §382(e)(2), (3), substituted

‘‘an administrative cost grant’’ for ‘‘the amount of, or

payment of, the administrative grant’’ and inserted at

end ‘‘The Equal Access to Justice Act shall apply to administrative appeals filed after September 8, 1988, by

grantees regarding a grant under this chapter, including an administrative cost grant.’’

Pub. L. 103–382, §382(e)(1), which directed substitution

of ‘‘a grant authorized to be made pursuant to this

chapter or any amendment to such grant,’’ for ‘‘the

amount of a grant under section 2504 of this title (and

the amount of any funds referred to in that section),

and payments to be made under section 2507 of this

title,’’, was executed by making the substitution in

text which contained the words ‘‘any payments’’ rather

than ‘‘and payments’’ to reflect the probable intent of

Congress.

1990—Subsec. (a). Pub. L. 101–301 substituted ‘‘104’’ for

‘‘105’’.

1988—Subsec. (b)(3). Pub. L. 100–427, §14(1), added par.

(3).

Subsecs. (d), (e). Pub. L. 100–427, §14(2), added subsecs.

(d) and (e).

ELECTIONS CONVEYED TO SECRETARY PRIOR TO

AUGUST 1, 1988

Any election under subsec. (b)(1) of this section conveyed to the Secretary prior to Aug. 1, 1988, effective

for the fiscal year beginning on October 1, 1988, and

thereafter, see section 6303(b)(8) of Pub. L. 100–297, set

out as an Effective Date note under section 1201 of Title

20, Education.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2504, 2506 of this

title.

§ 2509. Role of Director

Applications for grants under this chapter,

and all application modifications, shall be reviewed and approved by personnel under the direction and control of the Director of the Office

of Indian Education Programs. Required reports

shall be submitted to education personnel under

the direction and control of the Director of such

Office.

(Pub. L. 100–297, title V, §5210, Apr. 28, 1988, 102

Stat. 394.)

§ 2510. Regulations

The Secretary is authorized to issue regulations relating to the discharge of duties specifically assigned to the Secretary by this chapter.

In all other matters relating to the details of

planning, development, implementing, and evaluating grants under this chapter, the Secretary

shall not issue regulations. Regulations issued

pursuant to this chapter shall not have the

standing of a Federal statute for the purposes of

judicial review.