Page 575 TITLE 25—INDIANS § 2005

1See Codification note below.

portunity to propose alternative boundaries.

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.

(2) In any case where there is more than 1 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) Reservation as boundary

In any case where there is only 1 Bureau operated program located on an Indian reservation,

the attendance area for the program shall be the

boundaries of the reservation served, and those

students residing near the reservation shall also

receive services from such program.

(d) Coordination and consultation with tribes

and school boards

The Bureau shall include in the regulations

the requirement that each appropriate education line officer coordinate and consult with

the affected tribes and relevant school boards in

the establishment of such geographic boundaries.

(Pub. L. 95–561, title XI, §1124, as added Pub. L.

103–382, title III, §381, Oct. 20, 1994, 108 Stat.

3986.)

PRIOR PROVISIONS

A prior section 2004, Pub. L. 95–561, title XI, §1124,

Nov. 1, 1978, 92 Stat. 2319; Pub. L. 98–511, title V, §503,

Oct. 19, 1984, 98 Stat. 2393; Pub. L. 99–89, §3, Aug. 15,

1985, 99 Stat. 380; Pub. L. 100–297, title V, §5120, Apr. 28,

1988, 102 Stat. 384, related to school boundaries, prior to

the general amendment of this chapter by Pub. L.

103–382.

§ 2005. Facilities construction

(a) Compliance with health and safety standards

The Secretary shall immediately begin to

bring all schools, dormitories, and other facilities operated by the Bureau or under contract or

grant with the Bureau in connection with the

education of Indian children into compliance

with all applicable Federal, tribal, or State

health and safety standards, whichever provide

greater protection (except that the tribal standards to be applied shall be no greater than any

otherwise applicable Federal or State standards), with section 794 of title 29, and with the

Americans with Disabilities Act of 1990 [42

U.S.C. 12101 et seq.], except that nothing in this

section shall require termination of the operations of any facility which does not comply

with such provisions and which is in use on October 20, 1994.

(b) Plan

By January 1, 1996, and at each time thereafter 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 such facilities

into compliance with such standards. Such plan

shall include detailed information on the status

of each facility’s compliance with such standards, specific cost estimates for meeting such

standards at each school, and specific time lines

for bringing each school into compliance with

such standards.

(c) Priorities

Within six months of November 1, 1978,1 the

Secretary shall submit to the appropriate committees of Congress, and publish in the Federal

Register, the system used to establish priorities

for school construction projects. At the time

any budget request for school construction is

presented, the Secretary shall publish in the

Federal Register and submit with the budget request the current list of all school construction

priorities.

(d) Hazardous conditions at Bureau schools

(1) A Bureau school may be closed or consolidated, and the programs of a Bureau school may

be substantially curtailed, by reason of plant

conditions that constitute an immediate hazard

to health and safety only if a health and safety

officer of the Bureau determines that such conditions exist at the Bureau school.

(2)(A) In making determinations described in

paragraph (1) before July 1, 1989, health and safety officers of the Bureau shall use the health

and safety guidelines of the Bureau that were in

effect on January 1, 1988.

(B)(i) If—

(I) the Secretary fails to publish in the Federal Register in final form before July 1, 1989,

and

(II) action described in paragraph (1) is

taken after June 30, 1989, and before the date

on which such regulations are published in

final form in the Federal Register by reason of

the condition of any plant,

an inspection of the condition of such plant

shall be conducted by an appropriate tribal,

county, municipal, or State health and safety

officer to determine whether conditions at such

plant constitute an immediate hazard to health

and safety. Such inspection shall be completed

by not later than the date that is 30 days after

the date on which the action described in paragraph (1) is taken.

(ii) The inspection required under clause (i)

shall be conducted by a health and safety officer

designated jointly by the Secretary and the

tribes affected by the action described in paragraph (1). If the Secretary and such tribes are

unable to agree on the designation of the health

and safety officer, the Secretary shall designate

the health and safety officer and shall provide

notice of such designation to each of such tribes

before the inspection is conducted by such officer.

(iii) If the health and safety officer conducting

an inspection of a plant required under clause (i)

determines that conditions at the plant do not

constitute an immediate hazard to health and
§ 2006 TITLE 25—INDIANS Page 576

safety, any consolidation or curtailment that

was made by reason of conditions at the plant

shall immediately cease and any school closed

by reason of conditions at the plant shall be reopened immediately.

(3) If—

(A) a Bureau school is temporarily closed or

consolidated, or the programs of a Bureau

school are substantially curtailed, by reason

of plant conditions that constitute an immediate hazard to health and safety, and

(B) the Secretary estimates that the closure,

consolidation, or curtailment will be more

than 1 year in duration,

the Secretary shall submit to the Congress, by

not later than the date that is 6 months after

the date on which the closure, consolidation, or

curtailment is initiated, a report which sets

forth the reasons for such temporary actions

and the actions the Secretary is taking to eliminate the conditions that constitute the hazard.

(e) Authorization of appropriations

There are authorized to be appropriated such

sums as may be necessary to carry out subsection (a) of this section.

(Pub. L. 95–561, title XI, §1125, as added Pub. L.

103–382, title III, §381, Oct. 20, 1994, 108 Stat.

3986.)

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred

to in subsec. (a), is Pub. L. 101–336, July 26, 1990, 104

Stat. 327, as amended which is classified principally to

chapter 126 (§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.

CODIFICATION

In subsec. (c), ‘‘November 1, 1978’’ was substituted for

‘‘the date of enactment of this Act’’, which was translated as meaning the date of enactment of Pub. L.

95–561, which enacted this chapter.

PRIOR PROVISIONS

A prior section 2005, Pub. L. 95–561, title XI, §1125,

Nov. 1, 1978, 92 Stat. 2319; Pub. L. 100–297, title V, §5103,

Apr. 28, 1988, 102 Stat. 364, related to facilities construction, prior to the general amendment of this chapter by

Pub. L. 103–382.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2006, 2017 of this

title.

§ 2006. Bureau of Indian Affairs education functions

(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.

(b) Direction and supervision of personnel operations

The Director of the Office shall direct and supervise the operations of all personnel directly

and substantially involved with provision of

education services by the Bureau, including

school or institution custodial or maintenance

personnel. The Assistant Secretary for Indian

Affairs shall provide for the adequate coordination between the affected Bureau Offices and the

Office to facilitate the consideration of all contract functions relating to education. Except as

required by section 2009 of this title, nothing in

this Act shall be construed to require the provision of separate support services for Indian education.

(c) 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

in accordance with the first sentence of subsection (b) 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, and curriculum.

(d) Construction and improvement of facilities;

operation and maintenance of facilities

(1) The Assistant Secretary shall submit in the

annual Budget a plan—

(A) for school facilities to be constructed

under the system required by section 2005(c) of

this title;

(B) for establishing priorities among

projects and for the improvement and repair of

education facilities, which together shall form

the basis for the distribution of appropriated

funds; and

(C) including a 5-year plan for capital improvements.

(2)(A) 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 education facility;

(ii) similar treatment of all Bureau funded

schools;

(iii) a notice of an allocation of appropriated

funds from the Director of the Office directly

to the appropriate education line officers; and

(iv) a system for the conduct of routine preventive maintenance.

(B) The appropriate education line officers

shall make arrangements for the maintenance of

education facilities with the local supervisors of

the Bureau maintenance personnel who are

under the authority of the agency superintendent or area directors, respectively. 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