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-
§ 2007 TITLE 25—INDIANS Page 578

1So in original. Probably should be ‘‘students. The tuition collected is’’.

cept that the contracts for distribution of such

funds shall require that such funds be distributed by the recipient organizations in a manner

that assures the same pro rata share is made

available for training for each school board in

the system. If the contract for such training is

not awarded before May 1 of each fiscal year, the

contract under which such training was provided

for the fiscal year preceding such fiscal year

shall be renewed by the Secretary for such fiscal

year. The agenda for the training sessions shall

be established by the school boards through

their regional or national organizations.

(B) For each year in which the Secretary uses

a weighted unit formula established under subsection (a) of this section to fund Bureau

schools, a Bureau school which generates less

than 168 weighted units shall receive an additional 2 weighted units to defray school board

activities.

(C) From the funds allotted in accordance with

the formula established under subsection (a) of

this section for each Bureau school, the local

school board of such school may reserve an

amount which does not exceed the greater of—

(i) $5,000, or

(ii) the lesser of—

(I) $15,000, or

(II) 1 percent of such allotted funds,

for school board activities for such school, including and notwithstanding any other provision of law, meeting expenses and the cost of

membership in, and support of, organizations

engaged in activities on behalf of Indian education.

(3) The Secretary shall adjust the formula established under subsection (a) of this section to

use a weighted unit of 2.0 for each eligible Indian student that—

(A) is gifted and talented, and

(B) is enrolled in the school on a full-time

basis,

in considering the number of eligible Indian students served by the school.

(4)(A) The Secretary shall adjust the formula

established under subsection (a) of this section

to use a weighted unit of 0.25 for each eligible

Indian student who is enrolled in a year-long

credit course in an Indian or Native language as

part of the regular curriculum of a school, in

considering the number of eligible Indian students served by such school.

(B) The adjustment required under subparagraph (A) shall be used for such school after—

(i) the certification of the Indian or Native

language curriculum by the school board of

such school to the Secretary, together with an

estimate of the number of full-time students

expected to be enrolled in the curriculum in

the second school year following the school

year for which the certification is made; and

(ii) the funds appropriated for allotment

under this section are designated by the appropriations Act appropriating such funds as the

amount necessary to implement such adjustment at such school without reducing allotments made under this section to any school

by virtue of such adjustment.

(d) Reservation of amount for emergencies

The Secretary shall reserve from the funds

available for distribution for each fiscal year

under this section an amount which, in the aggregate, shall equal 1 percent of the funds available for such purpose for that fiscal year. Such

funds shall be used, at the discretion of the Director of the Office, to meet emergencies and

unforeseen contingencies affecting the education programs funded under this section.

Funds reserved under this subsection may only

be expended for education services or programs

at a schoolsite (as defined in section 2503(c)(2) of

this title). Funds reserved under this subsection

shall remain available without fiscal year limitation until expended. However, the aggregate

amount available from all fiscal years may not

exceed 1 percent of the current year funds.

Whenever the Secretary makes funds available

under this subsection, the Secretary shall report

such action to the appropriate committees of

Congress within the annual budget submission.

(e) Supplemental appropriations

Supplemental appropriations enacted to meet

increased pay costs attributable to school level

personnel shall be distributed under this section.

(f) ‘‘Eligible Indian student’’ defined

For the purpose of this section, the term ‘‘eligible Indian student’’ means a student who—

(1) is a member of or is at least a 1

⁄4 degree

Indian blood descendant of a member of an Indian tribe which is eligible for the special programs and services provided by the United

States through the Bureau to Indians because

of their status as Indians, and

(2) resides on or near an Indian reservation

or meets the criteria for attendance at a Bureau off-reservation boarding school.

(g) Tuition

(1) An eligible Indian student may not be

charged tuition for attendance at a Bureau

school or contract or grant school. A student attending a Bureau school under paragraph (2)(C)

may not be charged tuition.

(2) The Secretary may permit the attendance

at a Bureau school of a student who is not an eligible Indian student if—

(A) the Secretary determines that the student’s attendance will not adversely affect the

school’s program for eligible Indian students

because of cost, overcrowding, or violation of

standards,

(B) the school board consents,

(C) the student is a dependent of a Bureau,

Indian Health Service, or tribal government,

employee who lives on or near the school site,

or

(D) a tuition is paid for the student that is

not more than that charged by the nearest

public school district for out-of-district students, is 1 in addition to the school’s allocation

under this section.

(3) The school board of a contract or grant

school may permit students who are not eligible

Indian students under this subsection to attend

its contract school or grant school and any tuition collected for those students is in addition

to funding under this section.
Page 579 TITLE 25—INDIANS § 2008

(h) Funds available without fiscal year limitation

Notwithstanding any other provision of law,

at the election of the school board of a Bureau

school made at any time during the fiscal year,

a portion equal to not more than 15 percent of

the funds allocated with respect to a school

under this section for any fiscal year shall remain available to the school for expenditure

without fiscal year limitation. The Assistant

Secretary shall take steps as may be necessary

to implement this provision immediately.

(i) Students boarding at Richfield Dormitory,

Richfield, Utah

Beginning with academic year 1994–1995, tuition for the out-of-State students boarding at

the Richfield Dormitory in Richfield, Utah, who

attend Sevier County high schools in Richfield,

Utah, shall be paid from the Indian school

equalization program funds authorized in this

section and section 2010 of this title at a rate

not to exceed the amount per weighted student

unit for that year for the instruction of such

students. No additional administrative cost

funds shall be added to the grant.

(Pub. L. 95–561, title XI, §1127, as added Pub. L.

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

3989.)

PRIOR PROVISIONS

A prior section 2007, Pub. L. 95–561, title XI, §1127,

Nov. 1, 1978, 92 Stat. 2320, related to policies and procedures for implementation of transferred administrative

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 2001, 2010, 2019

of this title.

§ 2008. Administrative cost grants

(a) Purpose; effect upon appropriated amounts

(1) The Secretary shall, subject to the availability of appropriated funds, provide grants to

each tribe or tribal organization operating a

contract school or grant school in the amount

determined under this section with respect to

the tribe or tribal organization for the purpose

of paying the administrative and indirect costs

incurred in operating contract or grant schools

in order to—

(A) enable tribes and tribal organizations operating such schools, without reducing direct

program services to the beneficiaries of the

program, to provide all related administrative

overhead services and operations necessary to

meet the requirements of law and prudent

management practice, and

(B) carry out other necessary support functions which would otherwise be provided by

the Secretary or other Federal officers or employees, from resources other than direct program funds, in support of comparable Bureau

operated programs.

(2) Amounts appropriated to fund the grants

provided under this section shall be in addition

to, and shall not reduce, the amounts appropriated for the program being administered by

the contract or grant school.

(b) Determination of amount; reduction for Federal education program payments; reimbursement by Federal departments or agencies

(1) The amount of the grant provided to each

tribe or tribal organization under this section

for each fiscal year shall be determined by applying the administrative cost percentage rate

of the tribe or tribal organization to the aggregate of the Bureau elementary and secondary

functions operated by the tribe or tribal organization for which funds are received from or

through the Bureau. The administrative cost

percentage rate determined under subsection (c)

of this section does not apply to other programs

operated by the tribe or tribal organization.

(2) The Secretary shall—

(A) reduce the amount of the grant determined under paragraph (1) to the extent that

payments for administrative costs are actually received by an Indian tribe or tribal organization under any Federal education program

included in the direct cost base of the tribe or

tribal organization, and

(B) take such actions as may be necessary to

be reimbursed by any other department or

agency of the Federal Government for the portion of grants made under this section for the

costs of administering any program for Indians that is funded by appropriations made to

such other department or agency.

(c) Administrative cost percentage rate

(1) For purposes of this section, the administrative cost percentage rate for a contract or

grant school for a fiscal year is equal to the percentage determined by dividing—

(A) the sum of—

(i) the amount equal to—

(I) the direct cost base of the tribe or

tribal organization for the fiscal year,

multiplied by

(II) the minimum base rate, plus

(ii) the amount equal to—

(I) the standard direct cost base, multiplied by

(II) the maximum base rate, by

(B) the sum of—

(i) the direct cost base of the tribe or tribal organization for the fiscal year, plus

(ii) the standard direct cost base.

(2) The administrative cost percentage rate

shall be determined to the 1

⁄100 of a decimal

point.

(d) Administrative cost account; availability of

funds; effect upon indirect cost recovery determinations

(1)(A) Funds received by a tribe or contract or

grant school as grants under this section for

tribal elementary or secondary educational programs may be combined by the tribe or contract

or grant school into a single administrative cost

account without the necessity of maintaining

separate funding source accounting.

(B) Indirect cost funds for programs at the

school which share common administrative

services with tribal elementary or secondary

educational programs may be included in the administrative cost account described in subparagraph (A).