I 
110TH CONGRESS 
1ST SESSION H. R. 4243 
To provide for the issuance of bonds to provide funding for the construction 
of schools of the Bureau of Indian Affairs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 15, 2007 
Mr. POMEROY (for himself, Mr. BRADY of Texas, and Ms. HERSETH 
SANDLIN) introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committees on Edu-
cation and Labor and Natural Resources, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To provide for the issuance of bonds to provide funding 
for the construction of schools of the Bureau of Indian 
Affairs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Indian School Con-
struction Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Indian Affairs. 
(2) INDIAN.—The term ‘‘Indian’’ means any in-
dividual who is a member of an Indian tribe. 
(3) INDIAN TRIBE.— 
(A) IN
GENERAL.—The term ‘‘Indian 
tribe’’ has the meaning given the term ‘‘Indian 
tribal government’’ in section 7701(a)(40) of 
the Internal Revenue Code of 1986 (as modified 
by section 7871(d) of that Code). 
(B) INCLUSION.—The term ‘‘Indian tribe’’ 
includes any consortium of Indian tribes ap-
proved by the Secretary. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(5) TRIBAL SCHOOL.—The term ‘‘tribal school’’ 
means an elementary school, secondary school, or 
dormitory that— 
(A) is operated by a tribal organization or 
the Bureau for the education of Indian chil-
dren; and 
(B) receives financial assistance for the op-
eration of the school or dormitory under an ap-
propriation for the Bureau under a contract, 
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grant, or agreement, or for a Bureau-operated 
school, under— 
(i) section 102, 103(a), or 208 of the 
Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450f, 450h(a), 
and 458d); or 
(ii) the Tribally Controlled Schools 
Act of 1988 (25 U.S.C. 2501 et seq.). 
SEC. 3. ISSUANCE OF BONDS. 
(a) IN GENERAL.—The Secretary shall establish a 
pilot program under which the Secretary shall provide to 
eligible Indian tribes the authority to issue qualified tribal 
school modernization bonds to provide funds for the con-
struction, rehabilitation, and repair of tribal schools, in-
cluding advance planning and design of tribal schools. 
(b) ELIGIBILITY.— 
(1) IN
GENERAL.—To be eligible to issue a 
qualified tribal school modernization bond under the 
program under subsection (a), an Indian tribe 
shall— 
(A) prepare and submit to the Secretary a 
plan of construction that meets the require-
ments of paragraph (2); 
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(B) provide for quarterly and final inspec-
tion by the Bureau of each project to be funded 
by the bond; and 
(C) ensure that the facilities to be funded 
by the bond will be used primarily for elemen-
tary and secondary educational purposes for the 
period during which the bond remains out-
standing. 
(2) PLAN
OF
CONSTRUCTION.—The require-
ments referred to in paragraph (1)(A) are that the 
plan shall— 
(A) contain a description of the construc-
tion to be carried out using funds provided 
under a qualified tribal school modernization 
bond; 
(B) demonstrate that a comprehensive sur-
vey has been carried out regarding the con-
struction needs of the applicable tribal school; 
(C) contain assurances that funding under 
the bond will be used only for the activities de-
scribed in the plan; 
(D) contain a response to the evaluation 
criteria contained in the document entitled ‘‘In-
structions and Application for Replacement 
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School Construction, Revision 6’’ and dated 
February 6, 1999; and 
(E) contain any other reasonable and re-
lated information that the Secretary determines 
to be appropriate. 
(3) PRIORITY.—In determining whether an In-
dian tribe is eligible to participate in the program 
under this section, the Secretary shall give priority 
to Indian tribes that, as demonstrated by the plans 
of construction of the Indian tribes, will fund 
projects— 
(A) described in the list of the Bureau en-
titled ‘‘Education Facilities Replacement Con-
struction Priorities List as of FY 2004’’ (69 
Fed. Reg. 13870) (or successor regulations); or 
(B) that meet the criteria for ranking 
schools described in the document entitled ‘‘In-
structions and Application for Replacement 
School Construction, Revision 6’’ and dated 
February 6, 1999. 
(4) ADVANCE
PLANNING
AND
DESIGN
FUND-
ING.— 
(A) IN GENERAL.—An Indian tribe may 
propose in the plan of construction of the In-
dian tribe to receive advance planning and de-
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sign funding from the tribal school moderniza-
tion escrow account established under sub-
section (f)(2). 
(B) CONDITIONS.—As a condition of re-
ceiving advance planning and design funds 
under subparagraph (A), an Indian tribe shall 
agree— 
(i) to issue qualified tribal school 
modernization bonds after the receipt of 
the funds; and 
(ii) to deposit into the escrow account 
or a fund managed by a trustee under sub-
section (d)(3) an amount equal to the 
amount of funds received from the escrow 
account. 
(c) PERMISSIBLE ACTIVITIES.—In addition to the 
use described in subsection (a), an Indian tribe may use 
amounts received through the issuance of a qualified tribal 
school modernization bond— 
(1) to enter into, and make payments under, 
contracts with licensed and bonded architects, engi-
neers, and construction firms— 
(A) to determine the needs of a tribal 
school; and 
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