§ 2504 TITLE 25—INDIANS Page 618

1See References in Text note below.

2So in original. Probably should be ‘‘section’’.

3So in original. Probably should be ‘‘section 2503(a)(2),’’.

20. For complete classification of this Act to the Code,

see section 1400 of Title 20 and Tables.

This Act, referred to in subsec. (g), is Pub. L. 100–297

and probably should be ‘‘this part’’, meaning part B of

title V of Pub. L. 100–297, known as the Tribally Controlled Schools Act of 1988, which is classified generally

to this chapter. For complete classification of part B to

the Code, see Short Title note set out under section

2501 of this title and Tables.

AMENDMENTS

1994—Subsec. (a)(3)(C). Pub. L. 103–382 substituted

‘‘title I’’ for ‘‘chapter 1 of title I’’.

1991—Subsec. (a)(3)(C). Pub. L. 102–119 substituted

‘‘Individuals with Disabilities Education Act’’ for

‘‘Education of the Handicapped Act’’.

1988—Subsec. (a)(1). Pub. L. 100–427, §10(a), added subpars. (A) to (C) and struck out former subpars. (A) and

(B) which read as follows:

‘‘(A) operate tribally controlled schools which are eligible for assistance under this chapter, and

‘‘(B) submit to the Secretary applications for such

grants.’’

Subsec. (f). Pub. L. 100–427, §10(b)(2), (3), struck out

‘‘Indian’’ after ‘‘Whenever an’’, substituted ‘‘tribal governing body’’ for ‘‘tribe’’ in 3 places in first sentence,

and inserted at end ‘‘The tribe requesting retrocession

shall specify whether the retrocession is to status as a

Bureau school or as a contract school under title XI of

the Education Amendments of 1978. Except as otherwise determined by the Secretary, the tribe or tribal

organization operating the program to be retroceded

must transfer to the Secretary (or to the tribe or tribal

organization which will operate the program as a contract school) the existing equipment and materials

which were acquired—

‘‘(1) with assistance under this chapter, or

‘‘(2) upon assumption of operation of the program

under this chapter if it was a Bureau funded school

under title XI of the Education Amendments of 1978

before receiving assistance under this chapter.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2007, 2504 of this

title; title 20 section 5895.

§ 2504. Composition of grants

(a) In general

The grant provided under this chapter to an

Indian tribe or tribal organization for any fiscal

year shall consist of—

(1) the total amount of funds allocated for

such fiscal year under sections 1128 1 and

1128A 1 of the Education Amendments of 1978

with respect to the tribally controlled schools

eligible for assistance under this chapter that

are operated by such Indian tribe or tribal organization, including, but not limited to,

funds provided under such sections, or under

any other provision of law, for transportation

costs,

(2) to the extent requested by such Indian

tribe or tribal organization, the total amount

of funds provided from operations and maintenance accounts and, notwithstanding section

450j of this title, or any other provision of law,

other facilities accounts for such schools for

such fiscal year (including but not limited to

all those referenced under section 1126(d) of

the Education Amendments of 1978 [25 U.S.C.

2006(d)], or any other law), and

(3) the total amount of funds provided

under—

(A) title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et

seq.],

(B) the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.], and

(C) any other Federal education law,

that are allocated to such schools for such fiscal year.

(b) Special rules

(1) In the allocation of funds under sections

1128,1 1128A,1 and 1126(d) [25 U.S.C. 2006(d)] of the

Education Amendments of 1978, tribally controlled schools for which grants are provided

under this chapter shall be treated as contract

schools.

(2) In the allocation of funds provided under—

(A) title I of the Elementary and Secondary

Education Act of 1965 [20 U.S.C. 6301 et seq.],

(B) the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.], and

(C) any other Federal education law,

that are distributed through the Bureau, tribally controlled schools for which grants are provided under this chapter shall be treated as Bureau schools.

(3)(A) Funds allocated to a tribally controlled

school by reason of paragraph (1) or (2) shall be

subject to the provisions of this chapter and

shall not be subject to any additional restriction, priority, or limitation that is imposed by

the Bureau with respect to funds provided

under—

(i) title I of the Elementary and Secondary

Education Act of 1965 [20 U.S.C. 6301 et seq.],

(ii) the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.], or

(iii) any Federal education law other than

title XI of the Education Amendments of 1978

[25 U.S.C. 2001 et seq.].

(B) Indian tribes and tribal organizations to

which grants are provided under this chapter,

and tribally controlled schools for which such

grants are provided, shall not be subject to any

requirements, obligations, restrictions, or limitations imposed by the Bureau that would otherwise apply solely by reason of the receipt of

funds provided under any law referred to in

clause (i), (ii), or (iii) of subparagraph (A).

(4) Notwithstanding the provision of paragraph2 2503(a)(2) of this title, with respect to

funds from facilities improvement and repair,

alteration and renovation (major or minor),

health and safety, or new construction accounts

included in the grant under such paragraph

(a)(2),3 the grantee shall maintain a separate account for such funds and shall, at the end of the

period designated for the work covered by the

funds received, render a separate accounting of

the work done and the funds used to the Secretary. Funds received from these accounts may

only be used for the purposes for which they

were appropriated and for the work encompassed

by the application or submission under which

they were received, except that a school receiving a grant under this chapter for facilities improvement and repair may use such grant funds
Page 619 TITLE 25—INDIANS § 2505

1So in original.

for new construction if the tribal government or

other organization provides funding for the new

construction equal to at least one-fourth of the

total cost of such new construction. Where the

appropriations measure or the application submission does not stipulate a period for the work

covered by the funds so designated, the Secretary and the grantee shall consult and determine such a period prior to the transfer of funds:

Provided, That such period may be extended

upon mutual agreement.

(5) If the Secretary fails to make a determination within 180 days of a request filed by an Indian tribe or tribal organization to include in

such tribe or organization’s grant the funds described in subsection (a)(2) of this section, the

Secretary shall be deemed to have approved

such request and the Secretary shall immediately amend the grant accordingly. Such tribe

or organization may enforce its rights under

subsection (a)(2) of this section and this paragraph, including any denial of or failure to act

on such tribe or organization’s request, pursuant

to the disputes authority described in section

2508(e) of this title.

(Pub. L. 100–297, title V, §5205, Apr. 28, 1988, 102

Stat. 387; Pub. L. 100–427, §10(c), Sept. 9, 1988, 102

Stat. 1608; Pub. L. 101–301, §5(g), May 24, 1990, 104

Stat. 209; Pub. L. 102–119, §26(f), Oct. 7, 1991, 105

Stat. 607; Pub. L. 103–382, title III, §§382(a), (b),

394(m)(2), Oct. 20, 1994, 108 Stat. 4017, 4029.)

REFERENCES IN TEXT

The Education Amendments of 1978, referred to in

subsecs. (a)(1) and (b)(1), (3)(A)(iii), is Pub. L. 95–561,

Nov. 1, 1978, 92 Stat. 2143, as amended. Title XI of the

Act is classified principally to chapter 22 (§2001 et seq.)

of this title. Sections 1128 and 1128A of the Act were

classified to sections 2008 and 2008a, respectively, of

this title, prior to the general amendment of part B of

such title XI, which is classified to chapter 22 (§2001 et

seq.) of this title, by Pub. L. 103–382, title III, §381, Oct.

20, 1994, 108 Stat. 3979. Pub. L. 103–382 enacted new sections 1127, relating to allotment formulas, and 1128, relating to administrative cost grants, of the Act which

are classified to sections 2007 and 2008, respectively, of

this title. For complete classification of this Act to the

Code, see Short Title note set out under section 6301 of

Title 20, Education, and Tables.

The Elementary and Secondary Education Act of

1965, referred to in subsecs. (a)(3)(A) and (b)(2)(A),

(3)(A)(i), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, as

amended generally by Pub. L. 103–382, title I, §101, Oct.

20, 1994, 108 Stat. 3519. Title I of the Act is classified

generally to subchapter I (§6301 et seq.) of chapter 70 of

Title 20. For complete classification of this Act to the

Code, see Short Title note set out under section 6301 of

Title 20 and Tables.

The Individuals with Disabilities Education Act, referred to in subsecs. (a)(3)(B) and (b)(2)(B), (3)(A)(ii), is

title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as

amended, which is classified generally to chapter 33

(§1400 et seq.) of Title 20. For complete classification of

this Act to the Code, see section 1400 of Title 20 and

Tables.

AMENDMENTS

1994—Subsecs. (a)(3)(A), (b)(2)(A), (3)(A)(i). Pub. L.

103–382, §394(m)(2), substituted ‘‘title I’’ for ‘‘chapter 1

of title I’’.

Subsec. (b)(4). Pub. L. 103–382, §382(a), substituted

‘‘were received, except that a school receiving a grant

under this chapter for facilities improvement and repair may use such grant funds for new construction if

the tribal government or other organization provides

funding for the new construction equal to at least onefourth of the total cost of such new construction’’ for

‘‘were received’’.

Subsec. (b)(5). Pub. L. 103–382, §382(b), added par. (5).

1991—Subsecs. (a)(3)(B), (b)(2)(B), (3)(A)(ii). Pub. L.

102–119 substituted ‘‘Individuals with Disabilities Education Act’’ for ‘‘Education of the Handicapped Act’’.

1990—Subsec. (a)(2). Pub. L. 101–301, §5(g)(1), amended

par. (2) generally. Prior to amendment, par. (2) read as

follows: ‘‘to the extent requested by such Indian tribe

or tribal organization, the total amount of funds provided from operations and maintenance accounts and

other facilities accounts for such schools for such fiscal

year under section 1126(d) of the Education Amendments of 1978 or under any other law, and’’.

Subsec. (b)(4). Pub. L. 101–301, §5(g)(2), added par. (4).

1988—Subsec. (b)(3)(A)(i). Pub. L. 100–427 inserted

‘‘chapter 1 of’’ before ‘‘title I’’.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2503 of this title.

§ 2505. Eligibility for grants

(a) In general

(1) A tribally controlled school is eligible for

assistance under this chapter if the school—

(A) was, on April 28, 1988, a contract school

under title XI of the Education Amendments

of 1978 [25 U.S.C. 2001 et seq.] and the tribe or

tribal organization operating the school submits to the Secretary a written notice of election to receive a grant under this chapter,

(B) was a Bureau school under title XI of the

Education Amendments of 1978 and has met

the requirements of subsection (b) of this section,

(C) is a school for which the Bureau has not

provided funds, but which has met the requirements of subsection (c) of this section, or

(D) is a school with respect to which an election has been made under paragraph (2) and

which has met the requirements of subsection

(b) of this section.

(2) Any application which has been submitted

under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.] by

an Indian tribe for a school which is not in operation on April 28, 1988, shall be reviewed under

the guidelines and regulations for applications

submitted under the Indian Self-Determination

and Education Assistance Act that were in effect at the time the application was submitted,

unless the Indian tribe or tribal organization

elects to have the application reviewed under

the provisions of subsection (b) of this section.

(b) Additional requirements for Bureau schools

and certain electing schools

(1) A school that was a Bureau funded school

under title XI of the Education Amendments of

1978 [25 U.S.C. 2001 et seq.] on April 28, 1988.,1 and

any school with respect to which an election is

made under subsection (a)(2) of this section,

meets the requirements of this subsection if—

(A) the Indian tribe or tribal organization

that operates, or desires to operate, the school

submits to the Secretary an application requesting that the Secretary—

(i) transfer operation of the school to the

Indian tribe or tribal organization, if the In-