§ 2024 TITLE 25—INDIANS Page 594

priated $10,000,000 for fiscal year 1995 and such

sums as may be necessary for each of the fiscal

years 1996, 1997, 1998, and 1999.

(Pub. L. 95–561, title XI, §1143, as added Pub. L.

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

4012.)

PRIOR PROVISIONS

A prior section 2023, Pub. L. 95–561, title XI, §1143, as

added Pub. L. 98–511, title V, §512, Oct. 19, 1984, 98 Stat.

2398, related to employee housing, rental rates, and

waiver of rentals during non-session periods and nonpay status, prior to repeal by Pub. L. 99–89, §9(a)(2),

Aug. 15, 1985, 99 Stat. 383.

§ 2024. Tribal departments of education

(a) In general

Subject to the availability of appropriations,

the Secretary shall provide grants and technical

assistance to tribes for the development and operation of tribal departments of education for

the purpose of planning and coordinating all

educational programs of the tribe.

(b) Grants

Grants provided under this section shall—

(1) be based on applications from the governing body of the tribe,

(2) reflect factors such as geographic and

population diversity,

(3) facilitate tribal control in all matters relating to the education of Indian children on

Indian reservations and on former Indian reservations in Oklahoma,

(4) provide for the development of coordinated educational programs on Indian reservations (including all preschool, elementary, secondary, and higher or vocational educational

programs funded by tribal, Federal, or other

sources) by encouraging tribal administrative

support of all Bureau funded educational programs as well as encouraging tribal cooperation and coordination with all educational

programs receiving financial support from

State agencies, other Federal agencies, or private entities,

(5) provide for the development and enforcement of tribal educational codes, including

tribal educational policies and tribal standards applicable to curriculum, personnel, students, facilities, and support programs, and

(6) otherwise comply with regulations for

grants under section 450h(a) of this title that

are in effect on the date application for such

grants are made.

(c) Priorities

(1) In approving and funding applications for

grants under this section, the Secretary shall

give priority to any application that—

(A) includes assurances from the majority of

Bureau funded schools located within the

boundaries of the reservation of the applicant

that the tribal department of education to be

funded under this section will provide coordinating services and technical assistance to all

of such schools, including the submission to

each applicable agency of a unified application

for funding for all of such schools which provides that—

(i) no administrative costs other than

those attributable to the individual programs of such schools will be associated

with the unified application, and

(ii) the distribution of all funds received

under the unified application will be equal

to the amount of funds provided by the applicable agency to which each of such

schools is entitled under law,

(B) includes assurances from the tribal governing body that the tribal department of education funded under this section will administer all contracts or grants (except those covered by the other provisions of this chapter

and the Tribally Controlled Community College Assistance Act of 1978 [25 U.S.C. 1801 et

seq.]) for education programs administered by

the tribe and will coordinate all of the programs to the greatest extent possible,

(C) includes assurances for the monitoring

and auditing by or through the tribal department of education of all education programs

for which funds are provided by contract or

grant to ensure that the programs meet the

requirements of law, and

(D) provides a plan and schedule for—

(i) the assumption over the term of the

grant by the tribal department of education

of all assets and functions of the Bureau

agency office associated with the tribe, insofar as those responsibilities relate to education, and

(ii) the termination by the Bureau of such

operations and office at the time of such assumption,

except that when mutually agreeable between

the tribal governing body and the Assistant

Secretary, the period in which such assumption is to occur may be modified, reduced, or

extended after the initial year of the grant.

(2) Subject to the availability of appropriated

funds, grants provided under this section shall

be provided for a period of 3 years and the grant

may, if performance by the grantee is satisfactory to the Secretary, be renewed for additional

3-year terms.

(d) Terms, conditions, or requirements

The Secretary shall not impose any terms,

conditions, or requirements on the provision of

grants under this section that are not specified

in this section.

(e) Authorization of appropriations

For the purpose of carrying out the provisions

of this section, there are authorized to be appropriated $2,000,000 for fiscal year 1995 and such

sums as may be necessary for each of the fiscal

years 1996, 1997, 1998, and 1999.

(Pub. L. 95–561, title XI, §1144, as added Pub. L.

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

4013.)

REFERENCES IN TEXT

This chapter, referred to in subsec. (c)(1)(B), was in

the original ‘‘this title’’, meaning title XI (§§1101–1152)

of Pub. L. 95–561, which is classified principally to this

chapter. For complete classification of title XI to the

Code, see Tables.

The Tribally Controlled Community College Assistance Act of 1978, referred to in subsec. (c)(1)(B), is Pub.

L. 95–471, Oct. 17, 1978, 92 Stat. 1325, as amended, which

is classified principally to chapter 20 (§1801 et seq.) of
Page 595 TITLE 25—INDIANS § 2026

1So in original. No subsec. (b) has been enacted.

this title. For complete classification of this Act to the

Code, see Short Title note set out under section 1801 of

this title and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 20 section 7835.

§ 2025. Payments

(a)(1) 1 Except as otherwise provided in this

subsection, the Secretary shall make payments

to grantees under this chapter in 2 payments—

(A) one payment to be made not later than

July 15 of each year in an amount equal to

one-half of the amount which the grantee was

entitled to receive during the preceding academic year, and

(B) the second payment, consisting of the remainder to which the grantee is entitled for

the academic year, shall be made not later

than December 1 of each year.

(2) For any school for which no payment was

made from Bureau funds in the preceding academic year, full payment of the amount computed for the first academic year of eligibility

under this chapter shall be made not later than

December 1 of the academic year.

(3) With regard to funds for grantees that become available for obligation on October 1 of the

fiscal year for which such funds are appropriated, the Secretary shall make payments to

grantees not later than December 1 of the fiscal

year.

(4) The provisions of chapter 39 of title 31 shall

apply to the payments required to be made by

paragraphs (1), (2), and (3) of this subsection.

(Pub. L. 95–561, title XI, §1145, as added Pub. L.

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

4015.)

§ 2026. Definitions

For the purpose of this chapter, unless otherwise specified—

(1) the term ‘‘agency school board’’ means a

body, the members of which are appointed by

the school boards of the schools located within

such agency, and the number of such members

shall be determined by the Secretary in consultation with the affected tribes, except that,

in agencies serving a single school, the school

board of such school shall fulfill these duties;

(2) the term ‘‘Bureau’’ means the Bureau of

Indian Affairs of the Department of the Interior;

(3) the term ‘‘Bureau funded school’’

means—

(A) a Bureau school;

(B) a contract school; or

(C) a school for which assistance is provided under the Tribally Controlled Schools

Act of 1988 [25 U.S.C. 2501 et seq.];

(4) the term ‘‘Bureau school’’ means a Bureau operated elementary or secondary day or

boarding school or a Bureau operated dormitory for students attending a school other

than a Bureau school;

(5) the term ‘‘contract or grant school’’

means an elementary or secondary school or a

dormitory which receives financial assistance

for its operation under a contract, grant, or

agreement with the Bureau under section 450f,

450h(a), or 458d of this title) or under the Tribally Controlled Schools Act of 1988 (25 U.S.C.

2504) [25 U.S.C. 2501 et seq.];

(6) the term ‘‘education line officer’’ means

education personnel under the supervision of

the Director, whether located in central, area,

or agency offices;

(7) the term ‘‘financial plan’’ means a plan of

services to be provided by each Bureau school;

(8) the term ‘‘Indian organization’’ means

any group, association, partnership, corporation, or other legal entity owned or controlled

by a federally recognized Indian tribe or

tribes, or a majority of whose members are

members of federally recognized Indian tribes;

(9) the term ‘‘local educational agency’’

means a board of education or other legally

constituted local school authority having administrative control and direction of free public education in a county, township, independent, or other school district located within a

State, and includes any State agency which

directly operates and maintains facilities for

providing free public education;

(10) the term ‘‘local school board’’, when

used with respect to a Bureau school, means a

body chosen in accordance with the laws of the

tribe to be served or, in the absence of such

laws, elected by the parents of the Indian children attending the school, except that in

schools serving a substantial number of students from different tribes, the members shall

be appointed by the governing bodies of the

tribes affected, and the number of such members shall be determined by the Secretary in

consultation with the affected tribes;

(11) the term ‘‘Office’’ means the Office of Indian Education Programs within the Bureau;

(12) the term ‘‘Secretary’’ means the Secretary of the Interior;

(13) the term ‘‘supervisor’’ means the individual in the position of ultimate authority at

a Bureau school; and

(14) the term ‘‘tribe’’ means any Indian

tribe, band, nation, or other organized group

or community, including any Alaska Native

village or regional or village corporation as

defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C.

1601 et seq.] which is recognized as eligible for

the special programs and services provided by

the United States to Indians because of their

status as Indians.

(Pub. L. 95–561, title XI, §1146, as added Pub. L.

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

4015.)

REFERENCES IN TEXT

The Tribally Controlled Schools Act of 1988, referred

to in pars. (3)(C) and (5), is part B (§§5201–5212) of title

V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, which

is classified generally to chapter 27 (§2501 et seq.) of

this title. For complete classification of this Act to the

Code, see Short Title note set out under section 2501 of

this title and Tables.

The Alaska Native Claims Settlement Act, referred

to in par. (14), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat.

688, as amended, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For com-