§ 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-