H. R. 1—591
Interior, the affected tribe, tribal governing body, and des-
ignated local school board will be notified immediately in
writing, kept fully and currently informed, and afforded
an opportunity to comment with respect to such consider-
ation or review.
‘‘(B) DECISION TO CLOSE.—If a formal decision is made
to close, transfer to another authority, consolidate, or
substantially curtail a school, the affected tribe, tribal gov-
erning body, and designated school board shall be notified
not later than 180 days before the end of the school year
preceding the proposed closure date.
‘‘(C) COPIES.—Copies of any such notices and informa-
tion shall be—
‘‘(i) submitted promptly to the appropriate commit-
tees of Congress; and
‘‘(ii) published in the Federal Register.
‘‘(5) REPORT.—The Secretary shall submit to the appro-
priate committees of Congress, the affected tribe, and the des-
ignated school board, a report describing the process of the
active consideration or review referred to in paragraph (4)
that includes—
‘‘(A) a study of the impact of such action on the student
population;
‘‘(B) a description of those students with particular
educational and social needs;
‘‘(C) recommendations to ensure that alternative serv-
ices are available to such students; and
‘‘(D) a description of the consultation conducted
between the potential service provider, current service pro-
vider, parents, tribal representatives and the tribe or tribes
involved, and the Director of the Office of Indian Education
Programs within the Bureau regarding such students.
‘‘(6) LIMITATION
ON
CERTAIN
ACTIONS.—No irrevocable
action may be taken in furtherance of any such proposed school
closure, transfer to another authority, consolidation, or substan-
tial curtailment (including any action which would prejudice
the personnel or programs of such school) prior to the end
of the first full academic year after such report is made.
‘‘(7) TRIBAL GOVERNING BODY APPROVAL REQUIRED FOR CER-
TAIN ACTIONS.—The Secretary may, with the approval of the
tribal governing body, terminate, contract, transfer to any other
authority, consolidate, or substantially curtail the operation
or facilities of—
‘‘(A) any Bureau-funded school that is operated on or
after January 1, 1999;
‘‘(B) any program of such a school that is operated
on or after January 1, 1999; or
‘‘(C) any school board of a school operated under a
grant under the Tribally Controlled Schools Act of 1988.
‘‘(e) APPLICATION FOR CONTRACTS OR GRANTS FOR NON-BUREAU-
FUNDED SCHOOLS OR EXPANSION OF BUREAU-FUNDED SCHOOLS.—
‘‘(1) REVIEW BY SECRETARY.—
‘‘(A) CONSIDERATION OF FACTORS.—
‘‘(i) IN GENERAL.—The Secretary shall consider only
the 
factors 
described 
in 
subparagraph 
(B) 
in
reviewing—
H. R. 1—592
‘‘(I) applications from any tribe for the
awarding of a contract 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) NO
DENIAL
BASED
ON
GEOGRAPHIC
PROX-
IMITY.—With respect to applications described in this
subparagraph, the Secretary shall give consideration
to all factors described in subparagraph (B), but no
such application shall be denied based primarily upon
the geographic proximity of comparable public edu-
cation.
‘‘(B) FACTORS.—With respect to applications described
in subparagraph (A), the Secretary shall consider the fol-
lowing factors relating to the program and services that
are the subject of the application:
‘‘(i) The adequacy of the facilities or the potential
to obtain or provide adequate facilities.
‘‘(ii) Geographic and demographic factors in the
affected areas.
‘‘(iii) The adequacy of the applicant’s program
plans or, in the case of a Bureau-funded school, of
projected needs analysis done either by the tribe or
the Bureau.
‘‘(iv) Geographic proximity of comparable public
education.
‘‘(v) The stated needs of all affected parties,
including students, families, tribal governments at both
the central and local levels, and school organizations.
‘‘(vi) Adequacy and comparability of programs
already available.
‘‘(vii) Consistency of available programs with tribal
educational codes or tribal legislation on education.
‘‘(viii) The history and success of those services
for the proposed population to be served, as determined
from all factors, including standardized examination
performance.
‘‘(2) DETERMINATION ON APPLICATION.—
‘‘(A) IN GENERAL.—Not later than 180 days after the
date on which an application described in paragraph (1)(A)
is submitted to the Secretary, the Secretary shall make
a determination of whether to approve the application.
‘‘(B) FAILURE TO MAKE DETERMINATION.—If the Sec-
retary fails to make a determination with respect to an
application by the date described in subparagraph (A),
the application shall be deemed to have been approved
by the Secretary.
‘‘(3) REQUIREMENTS FOR APPLICATIONS.—
‘‘(A) IN GENERAL.—Notwithstanding paragraph (2)(B),
an application described in paragraph (1)(A) may be
approved by the Secretary only if—
H. R. 1—593
‘‘(i) the application has been approved by the tribal
governing 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) 
INCLUDED
INFORMATION.—Each 
application
described in paragraph (1)(A) shall include information
concerning each of the factors described in paragraph
(1)(B).
‘‘(4) DENIAL OF APPLICATIONS.—If the Secretary denies an
application described in paragraph (1)(A), the Secretary shall—
‘‘(A) state the objections to the application in writing
to the applicant not later than 180 days after the date
the application is submitted to the Secretary;
‘‘(B) provide assistance to the applicant to overcome
the stated objections;
‘‘(C) provide to the applicant a hearing on the record
regarding the denial, under the same rules and regulations
as apply under the Indian Self-Determination and Edu-
cation Assistance Act; and
‘‘(D) provide to the applicant a notice of the applicant’s
appeals rights and an opportunity to appeal the decision
resulting from the hearing under subparagraph (D).
‘‘(5) EFFECTIVE DATE OF A SUBJECT APPLICATION.—
‘‘(A) IN
GENERAL.—Except as otherwise provided in
this paragraph, an action that is the subject of any applica-
tion described in paragraph (1)(A) that is approved by
the Secretary shall become effective—
‘‘(i) at the beginning of the academic year following
the fiscal year in which the application is approved;
or
‘‘(ii) at an earlier date determined by the Secretary.
‘‘(B) APPLICATIONS DEEMED APPROVED.—If an applica-
tion is deemed to have been approved by the Secretary
under paragraph (2)(B), the action that is the subject of
the application shall become effective—
‘‘(i) on the date that is 18 months after the date
on which the application is submitted to the Secretary;
or
‘‘(ii) at an earlier date determined by the Secretary.
‘‘(6) STATUTORY
CONSTRUCTION.—Nothing in this section
or any other provision of law, shall be construed to preclude
the expansion of grades and related facilities at a Bureau-
funded school, if such expansion is paid for with non-Bureau
funds. Subject to the availability of appropriated funds the
Secretary is authorized to provide the necessary funds needed
to supplement the cost of operations and maintenance of such
expansion.
‘‘(f) JOINT ADMINISTRATION.—Administrative, transportation,
and program cost funds received by Bureau-funded schools, and
any program from the Department of Education or any other Fed-
eral agency for the purpose of providing education or related serv-
ices, and other funds received for such education and related serv-
ices from nonfederally funded programs, shall be apportioned and
the funds shall be retained at the school.
H. R. 1—594
‘‘(g) GENERAL USE
OF FUNDS.—Funds received by Bureau-
funded schools from the Bureau of Indian Affairs, and under any
program from the Department of Education or any other Federal
agency, for the purpose of providing education or related services
may be used for schoolwide projects to improve the educational
program for all Indian students.
‘‘(h) STUDY ON ADEQUACY OF FUNDS AND FORMULAS.—
‘‘(1) STUDY.—The Comptroller General of the United States
shall conduct a study to determine the adequacy of funding,
and formulas used by the Bureau to determine funding, for
programs operated by Bureau-funded schools, taking into
account unique circumstances applicable to Bureau-funded
schools. The study shall analyze existing information gathered
and contained in germane studies that have been conducted
or are currently being conducted with regard to Bureau-funded
schools.
‘‘(2) ACTION.—Upon completion of the study, the Secretary
of the Interior shall take such action as necessary to ensure
distribution of the findings of the study to all affected Indian
tribes, local school boards, and associations of local school
boards.
‘‘SEC. 1122. NATIONAL CRITERIA FOR HOME-LIVING SITUATIONS.
‘‘(a) REVISION OF STANDARDS.—
‘‘(1) IN GENERAL.—The Secretary, in consultation with the
Secretary of Education, Indian organizations and tribes, and
Bureau-funded schools, shall revise the national standards for
home-living (dormitory) situations to include such factors as
heating, lighting, cooling, adult-child ratios, needs for coun-
selors (including special needs related to off-reservation home-
living (dormitory) situations), therapeutic programs, space, and
privacy.
‘‘(2) IMPLEMENTATION.—Such standards shall be imple-
mented in Bureau-operated schools, and shall serve as min-
imum standards for contract or grant schools.
‘‘(3) REVISION
AFTER
ESTABLISHMENT.—Once established,
any revisions of such standards shall be developed according
to the requirements established under section 1137.
‘‘(b) IMPLEMENTATION.—The Secretary shall implement the
revised standards established under this section immediately upon
completion of the standards.
‘‘(c) PLAN.—
‘‘(1) IN GENERAL.—The Secretary shall submit to the appro-
priate committees of Congress, the tribes, and the affected
schools, and publish in the Federal Register, a detailed plan
to bring all Bureau-funded schools that provide home-living
(dormitory) situations up to the standards established under
this section.
‘‘(2) COMPONENTS OF PLAN.—The plan described in para-
graph (1) shall include—
‘‘(A) a statement of the relative needs of each Bureau-
funded home-living (dormitory) school;
‘‘(B) projected future needs of each Bureau-funded
home-living (dormitory) school;
‘‘(C) detailed information on the status of each school
in relation to the standards established under this section;
H. R. 1—595
‘‘(D) specific cost estimates for meeting each standard
for each such school;
‘‘(E) aggregate cost estimates for bringing all such
schools into compliance with the criteria established under
this section; and
‘‘(F) specific timelines for bringing each school into
compliance with such standards.
‘‘(d) WAIVER.—
‘‘(1) IN GENERAL.—A tribal governing body or local school
board may, in accordance with this subsection, waive the stand-
ards established under this section for a school described in
subsection (a).
‘‘(2) INAPPROPRIATE STANDARDS.—
‘‘(A) IN GENERAL.—A tribal governing body, or the local
school board so designated by the tribal governing body,
may waive, in whole or in part, the standards established
under this section if such standards are determined by
such body or board to be inappropriate for the needs of
students from that tribe.
‘‘(B) ALTERNATIVE STANDARDS.—The tribal governing
body or school board involved shall, not later than 60
days after providing a waiver under subparagraph (A) for
a school, submit to the Director a proposal for alternative
standards that take into account the specific needs of the
tribe’s children. Such alternative standards shall be estab-
lished by the Director for the school involved unless specifi-
cally rejected by the Director for good cause and in writing
provided to the affected tribes or local school board.
‘‘(e) CLOSURE FOR FAILURE TO MEET STANDARDS PROHIBITED.—
No school in operation on or before July 1, 1999 (regardless of
compliance or noncompliance with the standards established under
this section), may be closed, transferred to another authority, or
consolidated, and no program of such a school may be substantially
curtailed, because the school failed to meet such standards.
‘‘SEC. 1123. CODIFICATION OF REGULATIONS.
‘‘(a) PART 32 OF TITLE 25, CODE OF FEDERAL REGULATIONS.—
The provisions of part 32 of title 25, 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. Such provisions may be altered only by means
of an Act of Congress. 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, the provisions of this Act
and the provisions of such other statutory law shall govern.
‘‘(b) DEFINITION
OF REGULATION.—In this section, the term
‘regulation’ means any rule, regulation, guideline, interpretation,
order, or requirement of general applicability prescribed by any
officer or employee of the executive branch.
‘‘SEC. 1124. SCHOOL BOUNDARIES.
‘‘(a) ESTABLISHMENT BY SECRETARY.—The Secretary shall estab-
lish, by regulation, separate geographical attendance areas for each
Bureau-funded school.
‘‘(b) ESTABLISHMENT BY TRIBAL BODY.—In any case where there
is more than one Bureau-funded school located on an Indian res-
ervation, at the direction of the tribal governing body, the relevant
school boards of the Bureau-funded schools on the reservation may,
H. R. 1—596
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 Sec-
retary.
‘‘(c) BOUNDARY REVISIONS.—
‘‘(1) NOTICE.—On or after July 1, 2001, no geographical
attendance area shall be revised 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 afforded—
‘‘(A) at least 6 months notice of the intention of the
Bureau to revise or establish such attendance area; and
‘‘(B) the opportunity to propose alternative boundaries.
‘‘(2) REVISION PROCESS.—Any tribe may petition the Sec-
retary for revision of existing attendance area boundaries. The
Secretary shall accept such proposed alternative or revised
boundaries unless the Secretary 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.
The Secretary shall cause such revisions to be published in
the Federal Register.
‘‘(3) TRIBAL RESOLUTION DETERMINATION.—Nothing in this
section shall deny a tribal governing body the authority, on
a continuing basis, to adopt a tribal resolution allowing parents
the choice of the Bureau-funded school their children may
attend, regardless of the attendance boundaries established
under this section.
‘‘(d) FUNDING RESTRICTIONS.—
‘‘(1) IN GENERAL.—The Secretary shall not deny funding
to a Bureau-funded school for any eligible Indian student
attending the school solely because that student’s home or
domicile is outside of the geographical attendance area estab-
lished for that school under this section.
‘‘(2) TRANSPORTATION.—No funding shall be made available
without tribal authorization to enable a school to provide
transportation for any student to or from the school and a
location outside the approved attendance area of the school.
‘‘(e) RESERVATION
AS BOUNDARY.—When there is only one
Bureau-funded program located on an Indian reservation—
‘‘(1) the attendance area for the program shall be the bound-
aries (established by treaty, agreement, legislation, court
decisions, or executive decisions and as accepted by the tribe)
of the reservation served; and
‘‘(2) those students residing near the reservation shall also
receive services from such program.
‘‘(f) OFF-RESERVATION HOME-LIVING (DORMITORY) SCHOOLS.—
‘‘(1) IN
GENERAL.—Notwithstanding any geographical
attendance areas, attendance at off-reservation home-living
(dormitory) schools shall include students requiring special
emphasis programs to be implemented at each off-reservation
home-living (dormitory) school.
‘‘(2) COORDINATION.—Such attendance shall be coordinated
between education line officers, the family, and the referring
and receiving programs.
H. R. 1—597
‘‘SEC. 1125. FACILITIES CONSTRUCTION.
‘‘(a) NATIONAL SURVEY OF FACILITIES CONDITIONS.—
‘‘(1) IN GENERAL.—Not later than 12 months after the date
of enactment of the Native American Education Improvement
Act of 2001, the General Accounting Office shall compile, collect,
and secure the data that are needed to prepare a national
survey of the physical conditions of all Bureau-funded school
facilities.
‘‘(2) DATA AND METHODOLOGIES.—In preparing the national
survey required under paragraph (1), the General Accounting
Office shall use the following data and methodologies:
‘‘(A) The existing Department of Defense formula for
determining the condition and adequacy of Department
of Defense facilities.
‘‘(B) Data related to conditions of Bureau-funded
schools that has previously been compiled, collected, or
secured from whatever source derived so long as the data
are accurate, relevant, timely, and necessary to the survey.
‘‘(C) The methodologies of the American Institute of
Architects, or other accredited and reputable architecture
or engineering associations.
‘‘(3) CONSULTATIONS.—
‘‘(A) IN GENERAL.—In carrying out the survey required
under paragraph (1), the General Accounting Office shall,
to the maximum extent practicable, consult (and if nec-
essary contract) with national, regional, and tribal Indian
education organizations to ensure that a complete and
accurate national survey is achieved.
‘‘(B) REQUESTS FOR INFORMATION.—All Bureau-funded
schools shall comply with reasonable requests for informa-
tion by the General Accounting Office and shall respond
to such requests in a timely fashion.
‘‘(4) SUBMISSION.—Not later than 2 years after the date
of enactment of the Native American Education Improvement
Act of 2001, the General Accounting Office shall submit the
results of the national survey conducted under paragraph (1)
to the Committee on Indian Affairs, the Committee on Health,
Education, Labor, and Pensions, and the Committee on Appro-
priations of the Senate and the Committee on Resources, the
Committee on Education and the Workforce, and the Committee
on Appropriations of the House of Representatives and to the
Secretary. The Secretary shall submit the results of the national
survey to school boards of Bureau-funded schools and their
respective tribes.
‘‘(5) NEGOTIATED RULEMAKING COMMITTEE.—
‘‘(A) IN GENERAL.—Not later than 6 months after the
date on which the submission is made under paragraph
(4), the Secretary shall establish a negotiated rulemaking
committee pursuant to section 1138(b)(3). The negotiated
rulemaking committee shall prepare and submit to the
Secretary the following:
‘‘(i) A catalog of the condition of school facilities
at all Bureau-funded schools that—
‘‘(I) incorporates the findings from the General
Accounting Office study evaluating and comparing
school systems of the Department of Defense and
the Bureau of Indian Affairs;
H. R. 1—598
‘‘(II) rates such facilities with respect to the
rate of deterioration and useful life of structures
and major systems;
‘‘(III) 
establishes 
a 
routine 
maintenance
schedule for each facility;
‘‘(IV) identifies the complementary educational
facilities that do not exist but that are needed;
and
‘‘(V) makes projections on the amount of funds
needed to keep each school viable, consistent with
the accreditation standards required pursuant to
this Act.
‘‘(ii) A school replacement and new construction
report that determines replacement and new construc-
tion need, and a formula for the equitable distribution
of funds to address such need, for Bureau-funded
schools. Such formula shall utilize necessary factors
in determining an equitable distribution of funds,
including—
‘‘(I) the size of school;
‘‘(II) school enrollment;
‘‘(III) the age of the school;
‘‘(IV) the condition of the school;
‘‘(V) environmental factors at the school; and
‘‘(VI) school isolation.
‘‘(iii) A renovation repairs report that determines
renovation need (major and minor), and a formula
for the equitable distribution of funds to address such
need, for Bureau-funded schools. Such report shall
identify needed repairs or renovations with respect
to a facility, or a part of a facility, or the grounds
of the facility, to remedy a need based on disabilities
access or health and safety changes to a facility. The
formula developed shall utilize necessary factors in
determining 
an 
equitable 
distribution 
of 
funds,
including the factors described in clause (ii).
‘‘(B) SUBMISSION
OF
REPORTS.—Not later than 24
months after the negotiated rulemaking committee is estab-
lished under subparagraph (A), the reports described in
clauses (ii) and (iii) of subparagraph (A) shall be submitted
to the committees of Congress referred to in paragraph
(4), the national and regional Indian education organiza-
tions, and to all school boards of Bureau-funded schools
and their respective tribes.
‘‘(6) FACILITIES
INFORMATION
SYSTEMS
SUPPORT
DATA-
BASE.—The Secretary shall develop a Facilities Information
Systems Support Database to maintain and update the informa-
tion contained in the reports under clauses (ii) and (iii) of
paragraph (5)(A) and the information contained in the survey
conducted under paragraph (1). The system shall be updated
every 3 years by the Bureau of Indian Affairs and monitored
by General Accounting Office, and shall be made available
to school boards of Bureau-funded schools and their respective
tribes, and Congress.
‘‘(b) COMPLIANCE WITH HEALTH AND SAFETY STANDARDS.—
‘‘(1) IN GENERAL.—The Secretary shall immediately begin
to bring all schools, dormitories, and other Indian education-
H. R. 1—599
related facilities operated by the Bureau or under contract
or grant with the Bureau, into compliance with—
‘‘(A) all applicable tribal, Federal, or State health and
safety standards, whichever provides greater protection
(except that the tribal standards to be applied shall be
no greater than any otherwise applicable Federal or State
standards);
‘‘(B) section 504 of the Rehabilitation Act of 1973;
and
‘‘(C) the Americans with Disabilities Act of 1990.
‘‘(2) NO
TERMINATION
REQUIRED.—Nothing in this sub-
section requires termination of the operations of any facility
that—
‘‘(A) does not comply with the provisions and standards
described in paragraph (1); and
‘‘(B) is in use on the date of enactment of the Native
American Education Improvement Act of 2001.
‘‘(c) COMPLIANCE PLAN.—At the time 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 facilities covered under subsection (a) into compli-
ance with the standards referred to in that subsection that
includes—
‘‘(1) detailed information on the status of each facility’s
compliance with such standards;
‘‘(2) specific cost estimates for meeting such standards at
each school; and
‘‘(3) specific timelines for bringing each school into compli-
ance with such standards.
‘‘(d) CONSTRUCTION PRIORITIES.—
‘‘(1) SYSTEM TO ESTABLISH PRIORITIES.—On an annual basis,
the Secretary shall submit to the appropriate committees of
Congress and cause to be published in the Federal Register,
the system used to establish priorities for replacement and
construction projects for Bureau-funded schools and home-living
schools, including boarding schools and dormitories. At the
time any budget request for education is presented, the Sec-
retary shall publish in the Federal Register and submit with
the budget request the current list of all Bureau-funded school
construction priorities.
‘‘(2) LONG-TERM CONSTRUCTION AND REPLACEMENT LIST.—
In addition to the plan submitted under subsection (c), the
Secretary shall—
‘‘(A) not later than 18 months after the date of enact-
ment of the Native American Education Improvement Act
of 2001, establish a long-term construction and replacement
list for all Bureau-funded schools;
‘‘(B) using the list prepared under subparagraph (A),
propose a list for the orderly replacement of all Bureau-
funded education-related facilities over a period of 40 years
to enable planning and scheduling of budget requests;
‘‘(C) cause the list prepared under subparagraph (B)
to be published in the Federal Register and allow a period
of not less than 120 days for public comment;
‘‘(D) make such revisions to the list prepared under
subparagraph (B) as are appropriate based on the com-
ments received; and