§ 2502 TITLE 25—INDIANS Page 616

the diverse opportunities and personal satisfaction which education can and should provide;

(6) true local control requires the least possible Federal interference; and

(7) the time has come to enhance the concepts made manifest in the Indian Self-Determination and Education Assistance Act [25

U.S.C. 450 et seq.].

(Pub. L. 100–297, title V, §5202, Apr. 28, 1988, 102

Stat. 385.)

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act, referred to in pars. (1), (2), and (7), 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.

EFFECTIVE DATE

For effective date and applicability of chapter, see

section 6303 of Pub. L. 100–297, set out as a note under

section 1201 of Title 20, Education.

SHORT TITLE

Section 5201 of Pub. L. 100–297 provided that: ‘‘This

part [part B (§§5201–5212) of title V of Pub. L. 100–297,

enacting this chapter] may be cited as the ‘Tribally

Controlled Schools Act of 1988’.’’

§ 2502. Declaration of policy

(a) Recognition

The Congress recognizes the obligation of the

United States to respond to the strong expression of the Indian people for self-determination

by assuring maximum Indian participation in

the direction of educational services so as to

render such services more responsive to the

needs and desires of those communities.

(b) Commitment

The Congress declares its commitment to the

maintenance of the Federal Government’s

unique and continuing trust relationship with

and responsibility to the Indian people through

the establishment of a meaningful Indian selfdetermination policy for education which will

deter further perpetuation of Federal bureaucratic domination of programs.

(c) National goal

The Congress declares that a major national

goal of the United States is to provide the resources, processes, and structures which will enable tribes and local communities to effect the

quantity and quality of educational services and

opportunities which will permit Indian children

to compete and excel in the life areas of their

choice, and to achieve the measure of self-determination essential to their social and economic

well-being.

(d) Educational needs

The Congress affirms the reality of the special

and unique educational needs of Indian peoples,

including the need for programs to meet the linguistic and cultural aspirations of Indian tribes

and communities. These may best be met

through a grant process.

(e) Federal relations

The Congress declares its commitment to

these policies and its support, to the full extent

of its responsibility, for Federal relations with

the Indian Nations.

(f) Termination

The Congress hereby repudiates and rejects

House Concurrent Resolution 108 of the 83rd

Congress and any policy of unilateral termination of Federal relations with any Indian Nation.

(Pub. L. 100–297, title V, §5203, Apr. 28, 1988, 102

Stat. 385.)

REFERENCES IN TEXT

House Concurrent Resolution 108 of the 83rd Congress,

referred to in subsec. (f), is H. Con. Res. 108, Eightythird Congress, Aug. 1, 1953, 67 Stat. B132, which is not

classified to the Code.

§ 2503. Grants authorized

(a) In general

(1) The Secretary shall provide grants to Indian tribes, and tribal organizations, that—

(A) operate contract schools under title XI

of the Education Amendments of 1978 [25

U.S.C. 2001 et seq.] and notify the Secretary of

their election to operate the schools with assistance under this chapter rather than continuing as contract schools;

(B) operate other tribally controlled schools

eligible for assistance under this chapter and

submit applications (which are approved by

their tribal governing bodies) to the Secretary

for such grants; or

(C) elect to assume operation of Bureau

schools with assistance under this chapter and

submit applications (which are approved by

their tribal governing bodies) to the Secretary

for such grants.

(2) Grants provided under this chapter shall be

deposited into the general operating fund of the

tribally controlled school with respect to which

the grant is provided.

(3)(A) Except as otherwise provided in this

paragraph, grants provided under this chapter

shall be used to defray, at the discretion of the

school board of the tribally controlled school

with respect to which the grant is provided, any

expenditures for education-related activities for

which any funds that compose the grant may be

used under the laws described in section 2504(a)

of this title, including but not limited to, expenditures for—

(i) school operations, academic, educational,

residential, guidance and counseling, and administrative purposes, and

(ii) support services for the school, including

transportation.

(B) Grants provided under this chapter may, at

the discretion of the school board of the tribally

controlled school with respect to which such

grant is provided, be used to defray operation

and maintenance expenditures for the school if

any funds for the operation and maintenance of

the school are allocated to the school under the

provisions of any of the laws described in section 2504(a) of this title.

(C) If funds allocated to a tribally controlled

school under title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et

seq.], the Individuals with Disabilities Edu-