H. R. 1—600
‘‘(E) cause the final list to be published in the Federal
Register.
‘‘(3) EFFECT ON OTHER LIST.—Nothing in this section shall
interfere with or change in any way the construction priority
list as it existed on the day before the date of enactment
of the Native American Education Improvement Act of 2001.
‘‘(e) HAZARDOUS CONDITION AT BUREAU-FUNDED SCHOOL.—
‘‘(1) CLOSURE, CONSOLIDATION, OR CURTAILMENT.—
‘‘(A) IN
GENERAL.—A Bureau-funded school may be
closed or consolidated, or the programs of a Bureau-funded
school may be substantially curtailed, by reason of facility
conditions that constitute an immediate hazard to health
and safety only if a health and safety officer of the Bureau
and an individual designated at the beginning of the school
year by the tribe involved under subparagraph (B) deter-
mine that such conditions exist at a facility of the Bureau-
funded school.
‘‘(B) DESIGNATION OF INDIVIDUAL BY TRIBE.—To be des-
ignated by a tribe for purposes of subparagraph (A), an
individual shall—
‘‘(i) be a licensed or certified facilities safety
inspector;
‘‘(ii) have demonstrated experience in the inspec-
tion of facilities for health and safety purposes with
respect to occupancy; or
‘‘(iii) have a significant educational background in
the health and safety of facilities with respect to occu-
pancy.
‘‘(C) INSPECTION.—After making a determination
described in subparagraph (A), the Bureau health and
safety officer and the individual designated by the tribe
shall conduct an inspection of the conditions of such facility
in order to determine whether conditions at such facility
constitute an immediate hazard to health and safety. Such
inspection shall be completed as expeditiously as prac-
ticable, but not later than 20 days after the date on which
the action described in subparagraph (A) is taken.
‘‘(D) FAILURE TO CONCUR.—If the Bureau health and
safety officer, and the individual designated by the tribe,
conducting the inspection of a facility required under
subparagraph (C) do not concur that conditions at the
facility constitute an immediate hazard to health and
safety, such officer and individual shall immediately notify
the tribal governing body and provide written information
related to their determinations.
‘‘(E) CONSIDERATION BY TRIBAL GOVERNING BODY.—Not
later than 10 days after a tribal governing body receives
notice under subparagraph (D), the tribal governing body
shall consider all information relating to the determinations
of the Bureau health and safety officer and the individual
designated by the tribe and make a determination
regarding 
the 
closure, 
consolidation, 
or 
curtailment
involved.
‘‘(F) AGREEMENT
TO
CLOSE, CONSOLIDATE, OR
CUR-
TAIL.—
H. R. 1—601
‘‘(i) IN GENERAL.—If the Bureau health and safety
officer and the individual designated by the tribe con-
ducting the inspection of a facility required under
subparagraph (C), concur that conditions at the facility
constitute an immediate hazard to health and safety,
or if the tribal governing body makes such a determina-
tion under subparagraph (E), the facility involved shall
be closed immediately.
‘‘(ii) REOPENING
OF
FACILITY
IF
NO
IMMEDIATE
HAZARD FOUND TO EXIST.—If the Bureau health and
safety officer or the individual designated by the tribe
conducting the inspection of a facility required under
subparagraph (C) determines that conditions at the
facility do not constitute an immediate hazard to health
and safety, any consolidation or curtailment that was
made under this paragraph shall immediately cease
and any school closed by reason of conditions at the
facility shall be reopened immediately.
‘‘(G) GENERAL CLOSURE REPORT.—If a Bureau-funded
school is temporarily closed or consolidated or the programs
of a Bureau-funded school are temporarily substantially
curtailed under this subsection and the Secretary deter-
mines that the closure, consolidation, or curtailment will
exceed 1 year, the Secretary shall submit to the appropriate
committees of Congress, the affected tribe, and the local
school board, not later than 90 days after the date on
which the closure, consolidation, or curtailment was initi-
ated, a report that specifies—
‘‘(i) the reasons for such temporary action;
‘‘(ii) the actions the Secretary is taking to eliminate
the conditions that constitute the hazard;
‘‘(iii) an estimated date by which the actions
described in clause (ii) will be concluded; and
‘‘(iv) a plan for providing alternate education serv-
ices for students enrolled at the school that is to be
closed.
‘‘(2) NONAPPLICATION
OF
CERTAIN
STANDARDS
FOR
TEM-
PORARY FACILITY USE.—
‘‘(A) CLASSROOM
ACTIVITIES.—The Secretary shall
permit the local school board to temporarily utilize facilities
adjacent to the school, or satellite facilities, if such facilities
are suitable for conducting classroom activities. In permit-
ting the use of facilities under the preceding sentence,
the Secretary may waive applicable minor standards under
section 1121 relating to such facilities (such as the required
number of exit lights or configuration of restrooms) so
long as such waivers do not result in the creation of an
environment that constitutes an immediate and substantial
threat to the health, safety, and life of students and staff.
‘‘(B) ADMINISTRATIVE
ACTIVITIES.—The provisions of
subparagraph (A) shall apply with respect to administrative
personnel if the facilities involved are suitable for activities
performed by such personnel.
‘‘(C) TEMPORARY.—In this paragraph, the term ‘tem-
porary’ means—
‘‘(i) with respect to a school that is to be closed
for not more than 1 year, 3 months or less; and
H. R. 1—602
‘‘(ii) with respect to a school that is to be closed
for not less than 1 year, a time period determined
appropriate by the Bureau.
‘‘(3) TREATMENT OF CLOSURE.—Any closure of a Bureau-
funded school under this subsection for a period that exceeds
30 days but is less than 1 year, shall be treated by the Bureau
as an emergency facility improvement and repair project.
‘‘(4) USE
OF
FUNDS.—With respect to a Bureau-funded
school that is closed under this subsection, the tribal governing
body, or the designated local school board of each Bureau-
funded school, involved may authorize the use of funds allocated
pursuant to section 1127, to abate the hazardous conditions
without further action by Congress.
‘‘(f) FUNDING REQUIREMENT.—
‘‘(1) DISTRIBUTION
OF
FUNDS.—Beginning with the first
fiscal year following the date of enactment of the Native Amer-
ican Education Improvement Act of 2001, all funds appropriated
to the budget accounts for the operations and maintenance
of Bureau-funded schools shall be distributed by formula to
the schools. No funds from these accounts may be retained
or segregated by the Bureau to pay for administrative or other
costs of any facilities branch or office, at any level of the
Bureau.
‘‘(2) REQUIREMENTS
FOR
CERTAIN
USES.—No funds shall
be withheld from the distribution to the budget of any school
operated under contract or grant by the Bureau for maintenance
or any other facilities or road-related purpose, unless such
school has consented, as a modification to the contract or in
writing for grants schools, to the withholding of such funds,
including the amount thereof, the purpose for which the funds
will be used, and the timeline for the services to be provided.
The school may, at the end of any fiscal year, cancel an agree-
ment under this paragraph upon giving the Bureau 30 days
notice of its intent to do so.
‘‘(g) NO REDUCTION
IN FEDERAL FUNDING.—Nothing in this
section shall diminish any Federal funding due to the receipt by
the school of funding for facilities improvement or construction
from a State or any other source.
‘‘SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS.
‘‘(a) FORMULATION AND ESTABLISHMENT OF POLICY AND PROCE-
DURE; SUPERVISION OF PROGRAMS AND EXPENDITURES.—The Sec-
retary shall vest in the Assistant Secretary for Indian Affairs all
functions with respect to formulation and establishment of policy
and procedure and supervision of programs and expenditures of
Federal funds for the purpose of Indian education administered
by the Bureau. The Assistant Secretary shall carry out such func-
tions through the Director of the Office of Indian Education Pro-
grams.
‘‘(b) DIRECTION AND SUPERVISION OF PERSONNEL OPERATIONS.—
‘‘(1) IN GENERAL.—Not later than 180 days after the date
of enactment of the Native American Education Improvement
Act of 2001, the Director of the Office shall direct and supervise
the operations of all personnel directly and substantially
involved in the provision of education program services by
the Bureau, including school or institution custodial or mainte-
nance personnel, and personnel responsible for contracting,
H. R. 1—603
procurement, and finance functions connected with school oper-
ation programs.
‘‘(2) TRANSFERS.—The Assistant Secretary for Indian
Affairs shall, not later than 180 days after the date of enact-
ment of the Native American Education Improvement Act of
2001, coordinate the transfer of functions relating to procure-
ments for, contracts of, operation of, and maintenance of schools
and other support functions to the Director.
‘‘(c) INHERENT FEDERAL FUNCTION.—For purposes of this Act,
all functions relating to education that are located at the Area
or Agency level and performed by an education line officer shall
be subject to contract under the Indian Self-Determination and
Education Assistance Act, unless determined by the Secretary to
be inherently Federal functions as defined in section 1141(12).
‘‘(d) EVALUATION OF PROGRAMS; SERVICES AND SUPPORT FUNC-
TIONS; TECHNICAL AND COORDINATING ASSISTANCE.—Education per-
sonnel who are under the direction and supervision of the Director
of the Office of Indian Education Programs in accordance with
subsection (b)(1) shall—
‘‘(1) monitor and evaluate Bureau education programs;
‘‘(2) provide all services and support functions for education
programs with respect to personnel matters involving staffing
actions and functions; and
‘‘(3) provide technical and coordinating assistance in areas
such as procurement, contracting, budgeting, personnel, cur-
riculum, and operation and maintenance of school facilities.
‘‘(e) CONSTRUCTION, IMPROVEMENT, OPERATION, AND MAINTE-
NANCE OF FACILITIES.—
‘‘(1) PLAN
FOR
CONSTRUCTION.—The Assistant Secretary
shall submit as part of the annual budget a plan—
‘‘(A) for school facilities to be constructed under section
1125(c);
‘‘(B) for establishing priorities among projects and for
the improvement and repair of educational facilities, which
together shall form the basis for the distribution of appro-
priated funds; and
‘‘(C) for capital improvements to be made over the
5 succeeding years.
‘‘(2) PROGRAM FOR OPERATION AND MAINTENANCE.—
‘‘(A) ESTABLISHMENT.—The Assistant Secretary shall
establish a program, including the distribution of appro-
priated funds, for the operation and maintenance of edu-
cation facilities. Such program shall include—
‘‘(i) a method of computing the amount necessary
for each educational facility;
‘‘(ii) similar treatment of all Bureau-funded
schools;
‘‘(iii) a notice of an allocation of appropriated funds
from the Director of the Office of Indian Education
Programs directly to the education line officers and
appropriate school officials;
‘‘(iv) a method for determining the need for, and
priority of, facilities repair and maintenance projects,
both major and minor (to be determined, through the
conduct by the Assistant Secretary, of a series of
meetings at the agency and area level with representa-
tives of the Bureau-funded schools in those areas and