Page 177 TITLE 25—INDIANS § 458d

1So in original.

school district unless the Secretary is satisfied

that the quality and standard of education, including facilities and auxiliary services, for Indian students enrolled in the schools of such district are at least equal to that provided all other

students from resources, other than resources

provided in this part, available to the local

school district.

(Pub. L. 93–638, title II, §205, Jan. 4, 1975, 88 Stat.

2216.)

REFERENCES IN TEXT

This part, referred to in text, was in the original

‘‘this title’’, meaning title II of Pub. L. 93–638, known

as the Indian Education Assistance Act, which is classified principally to this part (§458 et seq.). For complete

classification of title II to the Code, see Short Title

note set out under section 450 of this title and Tables.

§ 458b. Availability of funds to agencies, institutions, and organizations

No funds from any contract or grant pursuant

to this part shall be made available by any Federal agency directly to other than public agencies and Indian tribes, institutions, and organizations: Provided, That school districts, State

education agencies, and Indian tribes, institutions, and organizations assisted by this part

may use funds provided herein to contract for

necessary services with any appropriate individual, organization, or corporation.

(Pub. L. 93–638, title II, §206, Jan. 4, 1975, 88 Stat.

2216.)

§ 458c. Rules and regulations

(a) Prerequisites for promulgation

(1) Within six months from January 4, 1975, the

Secretary shall, to the extent practicable, consult with national and regional Indian organizations with experiences in Indian education to

consider and formulate appropriate rules and

regulations to implement the provisions of this

part.

(2) Within seven months from January 4, 1975,

the Secretary shall present the proposed rules

and regulations to the Committees on Interior

and Insular Affairs of the United States Senate

and House of Representatives.

(3) Within eight months from January 4, 1975,

the Secretary shall publish proposed rules and

regulations in the Federal Register for the purpose of receiving comments from interested parties.

(4) Within ten months from January 4, 1975,

the Secretary shall promulgate rules and regulations to implement the provisions of this part.

(b) Revision and amendment

The Secretary is authorized to revise and

amend any rules or regulations promulgated

pursuant to subsection (a) of this section: Provided, That prior to any revision or amendment

to such rules or regulations the Secretary shall,

to the extent practicable, consult with appropriate national and regional Indian organizations, and shall publish any proposed revisions

in the Federal Register not less than sixty days

prior to the effective date of such rules and regulations in order to provide adequate notice to,

and receive comments from, other interested

parties.

(Pub. L. 93–638, title II, §207, Jan. 4, 1975, 88 Stat.

2216.)

CHANGE OF NAME

Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy

and Natural Resources of the Senate, effective Feb. 11,

1977. See Rule XXV of Standing Rules of the Senate, as

amended by Senate Resolution No. 4, Ninety-fifth Congress (popularly cited as the ‘‘Committee System Reorganization Amendments of 1977’’), approved Feb. 4, 1977.

Section 105 of Senate Resolution No. 4 established a

temporary Select Committee on Indian Affairs having

jurisdiction over matters relating to Indian affairs

(such matters previously having been within the jurisdiction of the Committee on Interior and Insular Affairs). Senate Resolution No. 127, June 6, 1984, Ninetyeighth Congress, established the Select Committee on

Indian Affairs as a permanent committee of the Senate,

and section 25 of Senate Resolution No. 71, Feb. 25, 1993,

One Hundred Third Congress, redesignated the Select

Committee on Indian Affairs as the Committee on Indian Affairs.

Committee on Interior and Insular Affairs of the

House of Representatives changed to Committee on

Natural Resources of the House of Representatives on

Jan. 5, 1993, by House Resolution No. 5, One Hundred

Third Congress. Committee on Natural Resources of

House of Representatives treated as referring to Committee on Resources of House of Representatives by

section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress.

§ 458d. Eligibility for funds of tribe or tribal organization controlling or managing private

schools

The Secretary is authorized and directed to

provide funds, pursuant to this subchapter; the

the 1 Act of April 16, 1934 (48 Stat. 596), as amended [25 U.S.C. 452 et seq.]; or any other authority

granted to him to any tribe or tribal organization which controls and manages any previously

private school.

(Pub. L. 93–638, title II, §208, Jan. 4, 1975, 88 Stat.

2216; Pub. L. 97–375, title I, §108(d), Dec. 21, 1982,

96 Stat. 1820.)

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4, 1975, 88

Stat. 2203, as amended, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this subchapter (§450 et seq.). For

complete classification of this Act to the Code, see

Short Title note set out under section 450 of this title

and Tables.

Act of April 16, 1934, referred to in text, 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.

AMENDMENTS

1982—Pub. L. 97–375 struck out provisions relating to

annual reporting requirements of Secretary to Congressional committees respecting educational assistance

program conducted pursuant to this section.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 458, 2017, 2026 of

this title.