§ 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
Page 577 TITLE 25—INDIANS § 2007

will be, provided in a reasonable manner. Subject to the requirements of subsection (b) of this

section, nothing in this Act shall be construed

to require the provision of separate operations

and maintenance personnel for the Office.

(3) The requirements of this subsection shall

be implemented not later than July 1, 1995.

(e) Acceptance of gifts and bequests

Notwithstanding any other provision of law,

the Director shall promulgate guidelines for the

establishment of mechanisms for the acceptance

of gifts and bequests for the use of, and benefit

of, particular schools or designated Bureau operated education programs, including, where appropriate, the establishment and administration

of trust funds. When a Bureau operated program

is the beneficiary of such a gift or bequest, the

Director shall make provisions for monitoring

its use, and shall report to the appropriate committees of Congress the amount and terms of

such gift or bequest, the use to which such gift

or bequest is put, and any positive results

achieved by such action.

(f) ‘‘Functions’’ defined

For the purpose of this section the term ‘‘functions’’ includes powers and duties.

(Pub. L. 95–561, title XI, §1126, as added Pub. L.

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

3988.)

REFERENCES IN TEXT

This Act, referred to in subsecs. (b) and (d)(2)(B),

means Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143, as

amended, known as the Education Amendments of 1978.

For complete classification of this Act to the Code, see

Short Title note set out under section 6301 of Title 20,

Education, and Tables.

PRIOR PROVISIONS

A prior section 2006, Pub. L. 95–561, title XI, §1126,

Nov. 1, 1978, 92 Stat. 2319; Pub. L. 96–46, §2(b)(6), Aug. 6,

1979, 93 Stat. 341; Pub. L. 98–511, title V, §504, Oct. 19,

1984, 98 Stat. 2393; Pub. L. 99–89, §4, Aug. 15, 1985, 99

Stat. 381; Pub. L. 100–427, §1(c)(3), Sept. 9, 1988, 102 Stat.

1603, related to Bureau of Indian Affairs education functions, 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 2019, 2504 of this

title.

§ 2007. Allotment formula

(a) Factors considered; revision to reflect standards

(1) The Secretary shall establish, by regulation adopted in accordance with section 2019 of

this title, a formula for determining the minimum annual amount of funds necessary to sustain each Bureau funded school. In establishing

such formula, the Secretary shall consider—

(A) the number of eligible Indian students

served and size of the school;

(B) special cost factors, such as—

(i) the isolation of the school;

(ii) the need for special staffing, transportation, or educational programs;

(iii) food and housing costs;

(iv) maintenance and repair costs associated with the physical condition of the educational facilities;

(v) special transportation and other costs

of isolated and small schools;

(vi) the costs of boarding arrangements,

where determined necessary by a tribal governing body or designated local school

board;

(vii) costs associated with greater lengths

of service by educational personnel; and

(viii) special programs for gifted and talented students;

(C) the cost of providing academic services

which are at least equivalent to those provided by public schools in the State in which

the school is located; and

(D) such other relevant factors as the Secretary determines are appropriate.

(2) Upon the establishment of the standards required by sections 2001 and 2002 of this title, the

Secretary shall revise the formula established

under this subsection to reflect the cost and

funding standards so established. Prior to January 1, 1996, the Secretary shall review the formula established under this section and shall

take such steps as may be necessary to increase

the availability of counseling services for students in off-reservation boarding schools and

other Bureau operated residential facilities.

Concurrent with such action, the Secretary

shall review the standards established under section 2001 of this title to be certain that adequate

provision is made for parental notification regarding, and consent for, such counseling services.

(b) Pro rata allotment

Notwithstanding any other provisions of law,

Federal funds appropriated for the general local

operation of Bureau funded schools shall be allotted pro rata in accordance with the formula

established under subsection (a) of this section.

(c) Annual adjustment; reservation of amount for

training

(1) For fiscal year 1990, and for each subsequent fiscal year, the Secretary shall adjust the

formula established under subsection (a) of this

section to—

(A) use a weighted unit of 1.2 for each eligible Indian student enrolled in the seventh and

eighth grades of the school in considering the

number of eligible Indian students served by

the school;

(B) consider a school with an enrollment of

less than 50 eligible Indian students as having

an average daily attendance of 50 eligible Indian students for purposes of implementing

the adjustment factor for small schools; and

(C) take into account the provision of residential services on a less than 9-month basis

at a school when the school board and supervisor of the school determine that a less than

9-month basis will be implemented for the

school year involved.

(2)(A) The Secretary shall reserve for national

school board training 0.2 percent of the funds appropriated for each fiscal year for distribution

under this section. Such training shall be conducted through the same organizations through

which, and in the same manner in which, the

training was conducted in fiscal year 1992, ex-