§ 458a TITLE 25—INDIANS Page 176

1See References in Text note below. 2See References in Text note below.

(b) Eligibility requirements for assistance in federally-affected areas; applicability to projects

in determining maximum amount, allocation,

of funds, etc.

The Secretary may expend not less than 75 per

centum of such funds as are authorized and appropriated pursuant to this section on those

projects which meet the eligibility requirements

under subsections (a) and (b) of section 644 1 of

title 20. Such funds shall be allocated on the

basis of existing funding priorities, if any, established by the Secretary of Education under subsections (a) and (b) of section 644 1 of title 20.

The Secretary of Education is directed to submit to the Secretary, at the beginning of each

fiscal year, commencing with the first full fiscal

year after January 4, 1975, a list of those

projects eligible for funding under subsections

(a) and (b) of section 644 1 of title 20.

(c) Eligibility of private schools to receive funds;

maximum amount

The Secretary may expend not more than 25

per centum of such funds as may be authorized

and appropriated pursuant to this section on

any school eligible to receive funds under section 458d of this title.

(d) Duties of State education agencies pursuant

to contracts

Any contract entered into by the Secretary

pursuant to this section shall contain provisions

requiring the relevant State educational agency

to—

(1) provide Indian students attending any

such facilities constructed, acquired, or renovated, in whole or in part, from funds made

available pursuant to this section with standards of education not less than those provided

non-Indian students in the school district in

which the facilities are situated; and

(2) meet, with respect to such facilities, the

requirements of the State and local building

codes, and other building standards set by the

State educational agency or school district for

other public school facilities under its jurisdiction or control or by the local government

in the jurisdiction within which the facilities

are situated.

(e) Advisory consultations by Secretary with affected entities and governing bodies prior to

contracts; applicability

The Secretary shall consult with the entity

designated pursuant to section 456 of this title,

and with the governing body of any Indian tribe

or tribes the educational opportunity for the

members of which will be significantly affected

by any contract entered into pursuant to this

section. Such consultation shall be advisory

only, but shall occur prior to the entering into

of any such contract. The foregoing provisions

of this subsection shall not be applicable where

the application for a contract pursuant to this

section is submitted by an elected school board

of which a majority of its members are Indians.

(f) Evaluation and report to Congress of effectiveness of construction, etc., programs;

scope and content of report

Within ninety days following the expiration of

the three year period following January 4, 1975,

the Secretary shall evaluate the effectiveness of

the program pursuant to this section and transmit a report of such evaluation to the Congress.

Such report shall include—

(1) an analysis of construction costs and the

impact on such costs of the provisions of subsection (f) of this section and the Act of March

3, 1921 (46 Stat. 1491), as amended [40 U.S.C.

276a et seq];

(2) a description of the working relationship

between the Department of the Interior and

the Department of Education including any

memorandum of understanding in connection

with the acquisition of data pursuant to subsection (b) of this section;

(3) projections of the Secretary of future

construction needs of the public schools serving Indian children residing on or adjacent to

Indian reservations;

(4) a description of the working relationship

of the Department of the Interior with local or

State educational agencies in connection with

the contracting for construction, acquisition,

or renovation of school facilities pursuant to

this section; and

(5) the recommendations of the Secretary

with respect to the transfer of the responsibility for administering subsections (a) and (b) of

section 644 2 of title 20 from the Department of

Education to the Department of the Interior.

(g) Authorization of appropriations

For the purpose of carrying out the provisions

of this section, there is authorized to be appropriated the sum of $35,000,000 for the fiscal year

ending June 30, 1974; $35,000,000 for each of the

four succeeding fiscal years; and thereafter,

such sums as may be necessary, all of such sums

to remain available until expended.

(Pub. L. 93–638, title II, §204, Jan. 4, 1975, 88 Stat.

2214; Pub. L. 96–88, title III, §301, title V, §507,

Oct. 17, 1979, 93 Stat. 677, 692.)

REFERENCES IN TEXT

Section 644 of title 20, referred to in subsecs. (b) and

(f)(5), was repealed by Pub. L. 103–382, title III, §331(a),

Oct. 20, 1994, 108 Stat. 3965.

Act of March 3, 1921, referred to in subsec. (f)(1), probably means the act of Mar. 3, 1931, ch. 411, 46 Stat. 1494,

as amended, known as the Davis-Bacon Act, which is

classified generally to sections 276a to 276a–5 of Title

40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short

Title note set out under section 276a of Title 40 and

Tables.

TRANSFER OF FUNCTIONS

‘‘Secretary of Education’’ substituted for ‘‘United

States Commissioner of Education’’ in subsec. (b), and

‘‘Department of Education’’ substituted for ‘‘Department of Health, Education, and Welfare’’ in subsec.

(f)(2), (5), pursuant to sections 301 and 507 of Pub. L.

96–88, which is classified to sections 3441 and 3507 of

Title 20, Education, and which transferred functions

and offices (relating to education) of Commissioner of

Education and Department of Health, Education, and

Welfare to Secretary and Department of Education.

§ 458a. General education contract and grant

provisions and requirements; school district

quality and standards of excellence

No funds from any grant or contract pursuant

to this part shall be made available to any
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.