H. R. 6—466
‘‘(4) Schools requesting program assistance under this sub-
section are encouraged to involve family units and, where appro-
priate, tribal elders and Native healers in such instructions.
‘‘(k) For purposes of this section, the term ‘tribal governing
body’ means, with respect to any school, the tribal governing body,
or tribal governing bodies, that represent at least 90 percent of
the students served by such school.
‘‘(l)(1)(A)(i) The Secretary shall only consider the factors
described in subparagraphs (B) and (C) in reviewing—
‘‘(I) applications from any tribe for the awarding of a con-
tract or grant for a school that is not a Bureau funded school;
and
‘‘(II) applications from any tribe or school board of any
Bureau funded school for—
‘‘(aa) a school which is not a Bureau funded school;
or
‘‘(bb) the expansion of a Bureau funded school which
would increase the amount of funds received by the Indian
tribe or school board under section 1127.
‘‘(ii) The Secretary shall give consideration to all of the factors
under clause (i), but none of the applications under clause (i)
may be denied based primarily upon the geographic proximity of
public education.
‘‘(B) The Secretary shall consider the following factors relating
to the program that is the subject of an application described
in subparagraph (A):
‘‘(i) The adequacy of facilities or the potential to obtain
or provide adequate facilities.
‘‘(ii) Geographic and demographic factors in the affected
areas.
‘‘(iii) Adequacy of the applicant’s program plans or, in the
case of a Bureau funded school, of projected needs analysis
done either by a tribe or by Bureau personnel.
‘‘(iv) Geographic proximity of comparable public education.
‘‘(v) The stated needs of all affected parties, including stu-
dents, families, tribal governments at both the central and
local levels, and school organizations.
‘‘(C) The Secretary shall consider with respect to applications
described in subparagraph (A) the following factors relating to
all the educational services available at the time the application
is considered:
‘‘(i) Geographic and demographic factors in the affected
areas.
‘‘(ii) Adequacy and comparability of programs already avail-
able.
‘‘(iii) Consistency of available programs with tribal edu-
cational codes or tribal legislation on education.
‘‘(iv) The history and success of these services for the pro-
posed population to be served, as determined from all factors
and not just standardized examination performance.
‘‘(2)(A) The Secretary shall make a determination of whether
to approve any application described in paragraph (1)(A) by not
later than the date that is 180 days after the day on which such
application is submitted to the Secretary.
‘‘(B) If the Secretary fails to make the determination described
in subparagraph (A) with respect to an application by the date
H. R. 6—467
described in subparagraph (A), the application shall be treated
as having been approved by the Secretary.
‘‘(3)(A) Any application described in paragraph (1)(A) may be
submitted to the Secretary only if—
‘‘(i) the application has been approved by the tribal govern-
ing body of the students served by (or to be served by) the
school or program that is the subject of the application, and
‘‘(ii) written evidence of such approval is submitted with
the application.
‘‘(B) Each application described in paragraph (1)(A)—
‘‘(i) shall provide information concerning each of the factors
described in paragraph (1)(B), and
‘‘(ii) may provide information concerning the factors
described in paragraph (1)(C).
‘‘(4) Whenever the Secretary makes a determination to deny
approval of any application described in paragraph (1)(A), the Sec-
retary shall—
‘‘(A) state the objections in writing to the applicant by
not later than the date that is 180 days after the day on
which the application is submitted to the Secretary,
‘‘(B) provide assistance to the applicant to overcome stated
objections, and
‘‘(C) provide the applicant a hearing, under the same rules
and regulations pertaining to the Indian Self-Determination
and Education Assistance Act, and an opportunity to appeal
the objections raised by the Secretary.
‘‘(5)(A) Except as otherwise provided in this paragraph, the
action which is the subject of any application described in paragraph
(1)(A) that is approved by the Secretary shall become effective
with the commencement of the academic year succeeding the fiscal
year in which the application is approved, or at an earlier date
determined by the Secretary.
‘‘(B) If an application is treated as having been approved by
the Secretary by reason of paragraph (2)(B), the action that is
the subject of the application shall become effective on the date
that is 18 months after the date on which the application is submit-
ted to the Secretary, or at an earlier date determined by the
Secretary.
‘‘SEC. 1122. NATIONAL CRITERIA FOR DORMITORY SITUATIONS.
‘‘(a) The Secretary, in consultation with the Secretary of the
Department of Education, and in consultation with Indian organiza-
tions 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) 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 the date of the enactment
of the Improving America’s Schools Act of 1994, the Secretary
shall establish final criteria, distribute such final criteria to all
H. R. 6—468
the tribes, and publish such final criteria in the Federal Register.
The Secretary shall revise such final criteria periodically as nec-
essary. Any revisions to the criteria established under this section
shall be developed subject to requirements established under section
1131.
‘‘(c) The Secretary shall begin to implement the criteria estab-
lished under this section immediately upon the date of the establish-
ment 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.
‘‘(d)(1) The criteria established under this section may be waived
in the same manner as the standards provided under section 1121(c)
may be waived under section 1121(e).
‘‘(2) No school in operation on or before January 1, 1987 (regard-
less 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) 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.
‘‘SEC. 1123. REGULATIONS.
‘‘(a) 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
the date of enactment of this Act, the provisions of this Act and
the provisions of such other statutory law shall govern.
‘‘(b) 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 the date of enactment of this Act, the provisions of this
Act and the provisions of such other statutory law shall govern.
H. R. 6—469
‘‘(c) After June 30, 1989, no regulation prescribed for the
application of any program provided under this title shall become
effective unless—
‘‘(1) the regulation has been published as a proposed regula-
tion in the Federal Register,
‘‘(2) an opportunity of not less than 90 days has been
afforded the public to comment on the published proposed regu-
lation, and
‘‘(3) the regulation has, after such period for public com-
ment, been published in the Federal Register as a final regula-
tion.
‘‘(d) 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.
‘‘SEC. 1124. SCHOOL BOUNDARIES.
‘‘(a) The Secretary shall, in accordance with this section, estab-
lish separate geographical attendance areas for each Bureau school.
‘‘(b)(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 opportunity to propose alter-
native boundaries. Any tribe may petition the Secretary for revision
of existing attendance area boundaries. The Secretary shall accept
such proposed alternative or revised boundaries unless the Sec-
retary finds, after consultation with the affected tribe or tribes,
that such revised boundaries do not reflect the needs of the Indian
students to be served or do not provide adequate stability to all
of the affected programs.
‘‘(2) In any case where there is more than 1 Bureau funded
school located on an Indian reservation, at the direction of the
tribal governing body, the relevant school boards of the Bureau
funded schools on the reservation may, by mutual consent, establish
the relevant attendance areas for such schools, subject to the
approval of the tribal governing body. Any such boundaries so
established shall be accepted by the Secretary.
‘‘(c) In any case where there is only 1 Bureau operated program
located on an Indian reservation, the attendance area for the pro-
gram shall be the boundaries of the reservation served, and those
students residing near the reservation shall also receive services
from such program.
‘‘(d) The Bureau shall include in the regulations the require-
ment that each appropriate education line officer coordinate and
consult with the affected tribes and relevant school boards in the
establishment of such geographic boundaries.
‘‘SEC. 1125. FACILITIES CONSTRUCTION.
‘‘(a) The Secretary shall immediately begin to bring all schools,
dormitories, and other facilities operated by the Bureau or under
contract or grant with the Bureau in connection with the education
of Indian children into compliance with all applicable Federal,
tribal, or State health and safety standards, whichever provide
greater protection (except that the tribal standards to be applied
shall be no greater than any otherwise applicable Federal or State