§ 2009 TITLE 25—INDIANS Page 582

(A) in lieu of being determined under subsection (b) of this section, be determined for

each tribal elementary or secondary educational program on the same basis that indirect costs were determined for such programs

for fiscal year 1988, and

(B) be subject to the provisions of subsection

(d) of this section.

(2) Notwithstanding any other provision of

this section, the amount of the grant provided

under this section for fiscal year 1990 with respect to each tribal elementary and secondary

educational program that was operated by a

tribe or tribal organization in fiscal year 1989

shall be equal to—

(A) if the amount of the grant determined

under subsection (b) of this section for fiscal

year 1990 with respect to such program exceeds

the amount received by the tribe or tribal organization with respect to such program for

administrative costs for fiscal year 1988 (or fiscal year 1989 if such program was not operated

by the tribe or tribal organization during fiscal year 1988), the sum of—

(i) such amount received, plus

(ii) 1

⁄3 of the excess of—

(I) such amount determined under subsection (b) of this section, over

(II) such amount received, or

(B) if such amount received exceeds such

amount determined under subsection (b) of

this section, the excess of—

(i) such amount received, over

(ii) an amount equal to 1

⁄3 of the excess of—

(I) such amount received, over

(II) such amount determined under subsection (b) of this section.

(3) Notwithstanding any other provision of

this section, the amount of the grants provided

under this section for fiscal year 1991 with respect to each tribal elementary and secondary

educational program that was operated by a

tribe or tribal organization in fiscal year 1989

shall be equal to—

(A) if the amount of the grant determined

under subsection (b) of this section for fiscal

year 1991 with respect to such program exceeds

the amount received by the tribe or tribal organization with respect to such program for

administrative costs for fiscal year 1990, the

sum of—

(i) such amount received, plus

(ii) 1

⁄2 of the excess of—

(I) such amount determined under subsection (b) of this section, over

(II) such amount received, or

(B) if such amount received exceeds such

amount determined under subsection (b) of

this section, the excess of—

(i) such amount received, over

(ii) an amount equal to 1

⁄2 of the excess of—

(I) such amount received over,

(II) such amount determined under subsection (b) of this section.

(i) Application of section to certain tribally controlled schools

The provisions of this section shall also apply

to those schools operating under the Tribally

Controlled Schools Act of 1988 [25 U.S.C. 2501 et

seq.].

(Pub. L. 95–561, title XI, §1128, as added Pub. L.

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

3993.)

REFERENCES IN TEXT

The Tribally Controlled Schools Act of 1988, referred

to in subsecs. (d)(4) and (i), is part B (§§5201–5212) of

title V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, as

amended, which is classified generally to chapter 27

(§2501 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out

under section 2501 of this title and Tables.

The Indian Self-Determination and Education Assistance Act, referred to in subsec. (d)(4)(B), is Pub. L.

93–638, Jan. 4, 1975, 88 Stat. 2203, as amended, which is

classified principally to part A (§450 et seq.) of subchapter II of chapter 14 of this title. For complete classification of this Act to the Code, see Short Title note

set out under section 450 of this title and Tables.

PRIOR PROVISIONS

Prior sections 2008 and 2008a were omitted in the general amendment of this chapter by Pub. L. 103–382.

Section 2008, Pub. L. 95–561, title XI, §1128, Nov. 1,

1978, 92 Stat. 2320; Pub. L. 96–46, §2(b)(7), (8), Aug. 6,

1979, 93 Stat. 341; Pub. L. 98–511, title V, §505, Oct. 19,

1984, 98 Stat. 2394; Pub. L. 99–89, §5, Aug. 15, 1985, 99

Stat. 381; Pub. L. 99–228, §1, Dec. 28, 1985, 99 Stat. 1747;

Pub. L. 100–297, title V, §§5107(a), 5108(b), (c), Apr. 28,

1988, 102 Stat. 368, 375; Pub. L. 100–427, §§2(a), (b)(1), (c),

3, 5, Sept. 9, 1988, 102 Stat. 1604, 1605; Pub. L. 101–301,

§5(d)(1), May 24, 1990, 104 Stat. 208; Pub. L. 103–382, title

III, §393(b), Oct. 20, 1994, 108 Stat. 4026, related to allotment formula.

Section 2008a, Pub. L. 95–561, title XI, §1128A, as

added Pub. L. 100–297, title V, §5108(a), Apr. 28, 1988, 102

Stat. 369; amended Pub. L. 100–427, §4, Sept. 9, 1988, 102

Stat. 1604; Pub. L. 101–301, §5(f), May 24, 1990, 104 Stat.

208, related to administrative cost grants.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 458cc, 2019, 2503,

2504, 2511 of this title; title 20 section 1484.

§ 2009. Division of Budget Analysis

(a) Establishment

Within 24 months of October 20, 1994, the Secretary shall establish within the Office a Division of Budget Analysis (hereinafter referred to

as the ‘‘Division’’). Such Division shall be under

the direct supervision and control of the Director of the Office.

(b) Functions

The Division shall have the capacity to conduct such studies, surveys, or other activities as

are necessary to gather demographic information on Bureau-funded schools (current and future) and project the amount necessary to provide Indian students in such schools the educational program set forth in this chapter.

(c) Annual reports

The Division shall prepare projections on such

amounts, along with such other information as

the Director of the Office shall require, for each

fiscal year beginning after October 1, 1996. The

Director of the Office and the Assistant Secretary for Indian Affairs shall use such reports

when preparing their annual budget submissions.

(Pub. L. 95–561, title XI, §1129, as added Pub. L.

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

3998.)
Page 583 TITLE 25—INDIANS § 2010

PRIOR PROVISIONS

A prior section 2009, Pub. L. 95–561, title XI, §1129,

Nov. 1, 1978, 92 Stat. 2321; Pub. L. 98–511, title V, §§506,

507(a), Oct. 19, 1984, 98 Stat. 2395, 2396; Pub. L. 99–89, §6,

Aug. 15, 1985, 99 Stat. 382; Pub. L. 99–570, title IV,

§4133(b)(4), Oct. 27, 1986, 100 Stat. 3207–134; Pub. L.

100–297, title V, §§5109, 5110, 5118, Apr. 28, 1988, 102 Stat.

375, 376, 382; Pub. L. 100–427, §§6, 9(d), Sept. 9, 1988, 102

Stat. 1605, 1607, related to uniform direct funding and

support, 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, 2019 of this

title.

§ 2010. Uniform direct funding and support

(a) Establishment of system

(1) Within six months after October 20, 1994,

the Secretary shall establish, by regulation

adopted in accordance with section 2019 of this

title, a system for the direct funding and support of all Bureau funded schools. Such system

shall allot funds, in accordance with section 2007

of this title. All amounts appropriated for distribution under this section may be made available under paragraph (2).

(2)(A) For the purpose of affording adequate

notice of funding available pursuant to the allotments made by section 2007 of this title,

amounts appropriated in an appropriation Act

for any fiscal year shall become available for obligation by the affected schools on July 1 of the

fiscal year in which such amounts are appropriated without further action by the Secretary,

and shall remain available for obligation

through the succeeding fiscal year.

(B) The Secretary shall, on the basis of the

amount appropriated in accordance with this

paragraph—

(i) publish, on July 1 of the fiscal year for

which the funds are appropriated, allotments

to each affected school made under section

2007 of this title of 85 percent of such appropriation; and

(ii) publish, not later than September 30 of

such fiscal year, the allotments to be made

under section 2007 of this title of the remaining 15 percent of such appropriation, adjusted

to reflect actual student attendance.

(3)(A) Notwithstanding any law or regulation,

the supervisor of a Bureau school may expend an

aggregate of not more than $35,000 of the

amount allotted the school under section 2007 of

this title to acquire supplies and equipment for

the school without competitive bidding if—

(i) the cost for any single item purchased

does not exceed $10,000;

(ii) the school board approves the procurement;

(iii) the supervisor certifies that the cost is

fair and reasonable;

(iv) the documents relating to the procurement executed by the supervisor or other

school staff cite this paragraph as authority

for the procurement; and

(v) the transaction is documented in a journal maintained at the school clearly identifying when the transaction occurred, what was

acquired and from whom, the prices paid, the

quantities acquired, and any other information the supervisor or school board considers

relevant.

(B) The Director shall be responsible for determining the application of this paragraph, including the authorization of specific individuals

to carry out this paragraph, and shall be responsible for the provision of guidelines on the use of

this paragraph and adequate training on such

guidelines.

(4) If a sequestration order issued under the

Balanced Budget and Emergency Deficit Control

Act of 1985 reduces the amount of funds available for allotment under section 2007 of this title

for any fiscal year by more than 7 percent of the

amount of funds available for allotment under

such section during the preceding fiscal year—

(A) the Secretary, notwithstanding any

other law, may use—

(i) funds appropriated for the operation of

any Bureau school that is closed or consolidated, and

(ii) funds appropriated for any program

that has been curtailed at any Bureau

school,

to fund allotments made under section 2007 of

this title, and

(B) the Secretary may waive the application

of the provisions of section 2001(h) of this title

with respect to the closure or consolidation of

a school, or the curtailment of a program at a

school, during such fiscal year if the funds described in clauses (i) and (ii) of subparagraph

(A) with respect to such school are used to

fund allotments made under section 2007 of

this title for such fiscal year.

(b) Local financial plans for expenditure of funds

In the case of all Bureau schools, allotted

funds shall be expended on the basis of local financial plans which shall be prepared by the

local school supervisor in active consultation

with the local school board for each school, and

the local school board for each school shall have

the authority to ratify, reject, or amend such financial plan, and expenditures thereunder, and,

on its own determination or in response to the

supervisor of the school, to revise such financial

plan to meet needs not foreseen at the time of

preparation of the financial plan. The supervisor

shall provide the appropriate union representative of the education employees with copies of

proposed draft financial plans and all amendments or modifications thereto, at the same

time such copies are submitted to the local

school board. The supervisor of the school may

appeal any such action of the local school board

to the appropriate education line officer of the

Bureau agency by filing a written statement describing the action and the reasons the supervisor believes such action should be overturned.

A copy of such statement shall be submitted to

the local school board and such board shall be

afforded an opportunity to respond, in writing,

to such appeal. After reviewing such written appeal and response, the appropriate education

line officer may, for good cause, overturn the action of the local school board. The appropriate

line education officer shall transmit the determination of such appeal in the form of a written

opinion to such board and to such supervisor