Page 573 TITLE 25—INDIANS § 2002

gram tailored to the particular needs of Indian students;

‘‘(B) to provide for a continued evaluation of the

planning and implementation of the therapeutic

model in the designated schools; and

‘‘(C) to determine what steps the Bureau of Indian

Affairs must take and what resources are required

to transform existing off-reservation boarding

schools to meet the needs of chemically dependent,

emotionally disturbed, socially troubled, or other

at-risk Indian youth who attend such schools.

‘‘(b) LOCATION.—The Secretary shall initiate the

therapeutic model at two schools during school years

1994 through 1996, and shall give priority to—

‘‘(1) one school that is the recipient of a grant

under section 5204 of the August [Augustus] F. Hawkins-Robert T. Stafford Elementary and Secondary

School Improvement Amendments of 1988 [25 U.S.C.

2503] during the 1994–1995 school year; and

‘‘(2) one school operated by the Bureau of Indian Affairs during the 1995–1996 school year.

‘‘(c) SERVICES.—The demonstration schools shall provide an integrated residential environment that may

include—

‘‘(1) mental health services;

‘‘(2) education;

‘‘(3) recreation therapy;

‘‘(4) social service programs;

‘‘(5) substance abuse education and prevention; and

‘‘(6) other support services for aftercare.

‘‘(d) STAFFING.—The demonstration schools shall be

staffed with health and social service professionals, and

educators, and may include—

‘‘(1) clinical psychologists;

‘‘(2) child psychologists;

‘‘(3) substance abuse counselors;

‘‘(4) social workers; and

‘‘(5) health educators.

‘‘(e) ENROLLMENT.—Notwithstanding any other provision of law, the Secretary of the Interior may limit the

enrollment at the demonstration schools.

‘‘(f) ASSISTANCE.—The Secretary is authorized to

enter into agreements with other organizations and

agencies, including the Indian Health Service, to carry

out this section.

‘‘(g) REPORT.—Not later than July 31 of each year, the

Secretary of the Interior shall submit a report to the

Committee on Indian Affairs of the Senate and the

Committee on Education and Labor [now Committee

on Education and the Workforce] of the House of Representatives on the progress of the Department of the

Interior in the development of the demonstration

schools.’’

NATIVE AMERICANS EDUCATIONAL ASSISTANCE ACT

Pub. L. 102–524, §4, Oct. 26, 1992, 106 Stat. 3437, known

as the ‘‘Native Americans Educational Assistance

Act’’, authorized Secretary of the Interior to enter into

an agreement with a nonprofit captioning agency engaged in manufacturing and distributing captioning decoders, for the purpose of carrying out a demonstration

project to determine effectiveness of captioned educational materials as an educational tool in schools operated by Bureau of Indian Affairs, directed Secretary,

prior to the expiration of the 12-month period following

the date of the agreement, to report to Congress the results of the demonstration project carried out pursuant

to such agreement, together with recommendations of

the Secretary, and authorized to be appropriated sums

necessary to carry out this section.

WHITE HOUSE CONFERENCE ON INDIAN EDUCATION

Part E (§§5501–5508) of title V of Pub. L. 100–297, as

amended by Pub. L. 100–427, §26, Sept. 9, 1988, 102 Stat.

1614; Pub. L. 101–301, §5(e), May 24, 1990, 104 Stat. 208;

Pub. L. 102–27, title III, §306, Apr. 10, 1991, 105 Stat. 152,

provided for establishment, membership, etc., of a

White House Conference on Indian Education to explore

feasibility of establishing an independent Board of Indian Education that would assume responsibility for all

existing Federal programs relating to education of Indians and develop recommendations for improvement

of educational programs to make the programs more

relevant to needs of Indians, established an Interagency

Task Force on the White House Conference on Indian

Education to plan and conduct the Conference and an

Advisory Committee on the Conference to assist and

advise the Task Force in planning and conducting the

Conference, and directed the Conference to submit to

President not later than 120 days following the close of

the Conference a final report of the findings and recommendations made by the Conference, which final report

was to be submitted by President to Congress within 90

days of receipt by President, with a statement of President’s recommendations, and which final report was

submitted to Congress.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2002, 2007, 2010,

2017, 2019, 2506 of this title.

§ 2002. National criteria for dormitory situations

(a) Study of costs

The Secretary, in consultation with the Secretary of the Department of Education, and in

consultation with Indian organizations and

tribes, shall conduct or cause to be conducted by

contract with an Indian organization, a study of

the costs applicable to boarding arrangements

for Indian students provided in Bureau schools,

and contract or grant schools, for the purpose of

establishing national criteria for such dormitory situations. Such criteria shall include

adult-child ratios, needs for counselors (including special needs related to off-reservation

boarding arrangements), space, and privacy.

(b) Distribution and publication of criteria

Not later than January 1, 1996, the Secretary

shall propose such criteria, and shall distribute

such proposed criteria to the tribes and publish

such proposed criteria in the Federal Register

for the purpose of receiving comments from the

tribes and other interested parties. Within 18

months of October 20, 1994, the Secretary shall

establish final criteria, distribute such final criteria to all the tribes, and publish such final criteria in the Federal Register. The Secretary

shall revise such final criteria periodically as

necessary. Any revisions to the criteria established under this section shall be developed subject to requirements established under section

2011 of this title.

(c) Implementation

The Secretary shall begin to implement the

criteria established under this section immediately upon the date of the establishment of

such criteria. Not later than January 1, 1997, and

at each time thereafter that the annual budget

request for Bureau educational services is presented, the Secretary shall submit to the appropriate committees of Congress a detailed plan to

bring all Bureau contract boarding schools up to

the criteria established under this section. Such

plan shall include predictions for the relative

need for each boarding school in the future, detailed information on the status of each school

in relation to the criteria established under this

section, specific cost estimates for meeting such

criteria at each school, and specific time lines

for bringing each school up to the level required

by such criteria.
§ 2003 TITLE 25—INDIANS Page 574

1See Codification note below.

(d) Waiver

(1) The criteria established under this section

may be waived in the same manner as the standards provided under section 2001(c) of this title

may be waived under section 2001(e) of this title.

(2) No school in operation on or before January 1, 1987 (regardless of compliance or noncompliance with the criteria established under

this section) may be closed, transferred to another authority, consolidated or have its program substantially curtailed for failure to meet

the criteria.

(3) By not later than May 1, 1996, the Secretary shall submit to the Congress a report detailing the costs associated with, and the actions necessary for, complete compliance with

the criteria established under this section.

(e) Authorization of appropriations

There are authorized to be appropriated such

sums as may be necessary in order to bring each

school up to the level required by the criteria

established under this section.

(Pub. L. 95–561, title XI, §1122, as added Pub. L.

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

3984.)

PRIOR PROVISIONS

A prior section 2002, Pub. L. 95–561, title XI, §1122,

Nov. 1, 1978, 92 Stat. 2318; Pub. L. 96–46, §2(b)(5), Aug. 6,

1979, 93 Stat. 341; Pub. L. 96–88, title III, §301(a)(1), title

V, §507, Oct. 17, 1979, 93 Stat. 677, 692; Pub. L. 100–297,

title V, §5105, Apr. 28, 1988, 102 Stat. 367, related to national criteria for dormitory situations, 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 2007, 2017, 2019

of this title.

§ 2003. Regulations

(a) Incorporation of part 32 of title 25 of Code of

Federal Regulations

The provisions of part 32 of title 25 of the Code

of Federal Regulations, as in effect on January

1, 1987, are incorporated into this Act and shall

be treated as though such provisions are set

forth in this subsection. Accordingly, such provisions may be altered only by means of an

amendment to this subsection that is contained

in an Act or joint resolution which is enacted

into law. To the extent that such provisions of

part 32 do not conform with this Act or any statutory provision of law enacted before November

1, 1978,1 the provisions of this Act and the provisions of such other statutory law shall govern.

(b) Application of parts 31, 33, 36, 39, 42, and 43

of title 25 of Code of Federal Regulations

The provisions of parts 31, 33, 36, 39, 42, and 43

of title 25 of the Code of Federal Regulations, as

in effect on January 1, 1987, shall be applied by

the Federal Government and shall not, before

July 1, 1989, be amended, revoked, or altered in

any manner. No officer or employee of the executive branch shall have the authority to issue

any other regulations, prior to July 1, 1989, that

supersede, supplement, or otherwise affect the

provisions of such parts. To the extent that the

provisions of such parts do not conform with

this Act or any statutory provision of law enacted before November 1, 1978,1 the provisions of

this Act and the provisions of such other statutory law shall govern.

(c) Regulations prescribed after June 30, 1989

After June 30, 1989, no regulation prescribed

for the application of any program provided

under this chapter shall become effective unless—

(1) the regulation has been published as a

proposed regulation in the Federal Register,

(2) an opportunity of not less than 90 days

has been afforded the public to comment on

the published proposed regulation, and

(3) the regulation has, after such period for

public comment, been published in the Federal

Register as a final regulation.

(d) ‘‘Regulation’’ defined

For purposes of this section, the term ‘‘regulation’’ means any rules, regulations, guidelines,

interpretations, orders, or requirements of general applicability prescribed by any officer or

employee of the executive branch.

(Pub. L. 95–561, title XI, §1123, as added Pub. L.

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

3985.)

REFERENCES IN TEXT

This Act, referred to in subsecs. (a) and (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.

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

original ‘‘this title’’, meaning title XI (§§1101–1146) of

Pub. L. 95–561, as amended, which is classified principally to this chapter. For complete classification of

title XI to the Code, see Tables.

CODIFICATION

In subsecs. (a) and (b), ‘‘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 2003, Pub. L. 95–561, title XI, §1123,

Nov. 1, 1978, 92 Stat. 2319; Pub. L. 100–297, title V, §5106,

Apr. 28, 1988, 102 Stat. 367, related to the incorporation

of regulations into, or the application of regulations to,

Pub. L. 95–561, prior to the general amendment of this

chapter by Pub. L. 103–382.

§ 2004. School boundaries

(a) Establishment

The Secretary shall, in accordance with this

section, establish separate geographical attendance areas for each Bureau school.

(b) Alternative or revised boundaries

(1) Except as provided in paragraph (2), on or

after July 1, 1985, no attendance area shall be

changed or established with respect to any Bureau funded school unless the tribal governing

body or the local school board concerned (if so

designated by the tribal governing body) has

been (i) afforded at least six months notice of

the intention of the Bureau to change or establish such attendance area, and (ii) given the op-