H. R. 1—604
agencies to receive comment on the lists and
prioritization of such projects); and
‘‘(v) a system for the conduct of routine preventive
maintenance.
‘‘(B) LOCAL SUPERVISORS.—The appropriate education
line officers shall make arrangements for the maintenance
of education facilities with the local supervisors of the
Bureau maintenance personnel. The local supervisors of
Bureau maintenance personnel shall take appropriate
action to implement the decisions made by the appropriate
education line officers, except that no funds under this
chapter may be authorized for expenditure unless such
appropriate education line officer is assured that the nec-
essary maintenance has been, or will be, provided in a
reasonable manner.
‘‘(3) IMPLEMENTATION.—This subsection shall be imple-
mented as soon as practicable after the date of enactment
of the Native American Education Improvement Act of 2001.
‘‘(f) ACCEPTANCE OF GIFTS AND BEQUESTS.—
‘‘(1) GUIDELINES.—Notwithstanding any other provision of
law, the Director of the Office shall promulgate guidelines
for the establishment and administration of mechanisms for
the acceptance of gifts and bequests for the use and benefit
of particular schools or designated Bureau-operated education
programs, including, in appropriate cases, the establishment
and administration of trust funds.
‘‘(2) MONITORING
AND
REPORTS.—Except as provided in
paragraph (3), in a case in which a Bureau-operated education
program is the beneficiary of such a gift or bequest, the Director
shall—
‘‘(A) make provisions for monitoring use of the gift
or bequest; and
‘‘(B) submit a report to the appropriate committees
of Congress that describes the amount and terms of such
gift or bequest, the manner in which such gift or bequest
shall be used, and any results achieved by such use.
‘‘(3) EXCEPTION.—The requirements of paragraph (2) shall
not apply in the case of a gift or bequest that is valued at
$5,000 or less.
‘‘(g) DEFINITION OF FUNCTIONS.—For the purpose of this section,
the term ‘functions’ includes powers and duties.
‘‘SEC. 1127. ALLOTMENT FORMULA.
‘‘(a) FACTORS CONSIDERED; REVISION TO REFLECT STANDARDS.—
‘‘(1) FORMULA.—The Secretary shall establish, by regulation
adopted in accordance with section 1137, a formula for deter-
mining the minimum annual amount of funds necessary to
sustain each Bureau-funded school. In establishing such for-
mula, the Secretary shall consider—
‘‘(A) the number of eligible Indian students served
and total student population of the school;
‘‘(B) special cost factors, such as—
‘‘(i) the isolation of the school;
‘‘(ii) the need for special staffing, transportation,
or educational programs;
‘‘(iii) food and housing costs;
H. R. 1—605
‘‘(iv) maintenance and repair costs associated with
the physical condition of the educational facilities;
‘‘(v) special transportation and other costs of iso-
lated and small schools;
‘‘(vi) the costs of home-living (dormitory) arrange-
ments, where determined necessary by a tribal gov-
erning body or designated school board;
‘‘(vii) costs associated with greater lengths of
service by education personnel;
‘‘(viii) the costs of therapeutic programs for stu-
dents requiring such programs; and
‘‘(ix) special costs for gifted and talented students;
‘‘(C) the cost of providing academic services which are
at least equivalent to those provided by public schools
in the State in which the school is located;
‘‘(D) whether the available funding will enable the
school involved to comply with the accreditation standards
applicable to the school under section 1121; and
‘‘(E) such other relevant factors as the Secretary deter-
mines are appropriate.
‘‘(2) REVISION OF FORMULA.—
‘‘(A) IN
GENERAL.—Upon the establishment of the
standards required in section 1122, the Secretary shall
revise the formula established under this subsection to
reflect the cost of funding such standards.
‘‘(B) REVIEW
OF
FORMULA.—Not later than January
1, 2003, the Secretary shall review the formula established
under this section and shall take such steps as are nec-
essary to increase the availability of counseling and thera-
peutic programs for students in off-reservation home-living
(dormitory) schools and other Bureau-operated residential
facilities.
‘‘(C) REVIEW
OF
STANDARDS.—Concurrent with such
action, the Secretary shall review the standards established
under section 1122 to be certain that adequate provision
is made for parental notification regarding, and consent
for, such counseling and therapeutic programs.
‘‘(b) PRO RATA ALLOTMENT.—Notwithstanding any other provi-
sion of law, Federal funds appropriated for the general local oper-
ation of Bureau-funded schools shall be allotted pro rata in accord-
ance with the formula established under subsection (a).
‘‘(c) ANNUAL
ADJUSTMENT; RESERVATION
OF
AMOUNT
FOR
SCHOOL BOARD ACTIVITIES.—
‘‘(1) ANNUAL ADJUSTMENT.—For fiscal year 2003, and for
each subsequent fiscal year, the Secretary shall adjust the
formula established under subsection (a) to ensure that the
formula does the following:
‘‘(A) Uses a weighted unit of 1.2 for each eligible Indian
student enrolled in the seventh and eighth grades of the
school in considering the number of eligible Indian students
served by the school.
‘‘(B) Considers a school with an enrollment of less
than 50 eligible Indian students as having an average
daily attendance of 50 eligible Indian students for purposes
of implementing the adjustment factor for small schools.
‘‘(C) Takes into account the provision of residential
services on less than a 9-month basis at a school when
H. R. 1—606
the school board and supervisor of the school determine
that a less than 9-month basis will be implemented for
the school year involved.
‘‘(D) Uses a weighted unit of 2.0 for each eligible Indian
student that—
‘‘(i) is gifted and talented; and
‘‘(ii) is enrolled in the school on a full-time basis,
in considering the number of eligible Indian students
served by the school.
‘‘(E) Uses a weighted unit of 0.25 for each eligible
Indian student who is enrolled in a year-long credit course
in an Indian or Native language as part of the regular
curriculum of a school, in considering the number of eligible
Indian students served by such school. The adjustment
required under this subparagraph shall be used for such
school after—
‘‘(i) the certification of the Indian or Native lan-
guage curriculum by the school board of such school
to the Secretary, together with an estimate of the
number of full-time students expected to be enrolled
in the curriculum in the second school year for which
the certification is made; and
(ii) the funds appropriated for allotment under
this section are designated by the appropriations Act
appropriating such funds as the amount necessary to
implement such adjustment at such school without
reducing allotments made under this section to any
school by virtue of such adjustment.
‘‘(2) RESERVATION OF AMOUNT.—
‘‘(A) IN GENERAL.—From the funds allotted in accord-
ance with the formula established under subsection (a)
for each Bureau school, the local school board of such
school may reserve an amount which does not exceed the
greater of—
‘‘(i) $8,000; or
‘‘(ii) the lesser of—
‘‘(I) $15,000; or
‘‘(II) 1 percent of such allotted funds,
for school board activities for such school, including (not-
withstanding any other provision of law) meeting expenses
and the cost of membership in, and support of, organiza-
tions engaged in activities on behalf of Indian education.
‘‘(B) TRAINING.—
‘‘(i) IN GENERAL.—Each local school board, and any
agency school board that serves as a local school board
for any grant or contract school, shall ensure that
each individual who is a new member of the school
board receives, within 1 year after the individual
becomes a member of the school board, 40 hours of
training relevant to that individual’s service on the
board.
‘‘(ii) TYPES
OF
TRAINING.—Such training may
include training concerning legal issues pertaining to
Bureau-funded schools, legal issues pertaining to
school boards, ethics, and other topics determined to
be appropriate by the school board.
H. R. 1—607
‘‘(iii) RECOMMENDATION.—The training described
in this subparagraph shall not be required, but is
recommended, for a tribal governing body that serves
in the capacity of a school board.
‘‘(d) RESERVATION OF AMOUNT FOR EMERGENCIES.—
‘‘(1) IN GENERAL.—The Secretary shall reserve from the
funds available for distribution for each fiscal year under this
section an amount that, in the aggregate, equals 1 percent
of the funds available for such purpose for that fiscal year,
to be used, at the discretion of the Director of the Office
of Indian Education Programs, to meet emergencies and unfore-
seen contingencies affecting the education programs funded
under this section.
‘‘(2) USE OF FUNDS.—Funds reserved under this subsection
may be expended only for education services or programs,
including emergency repairs of educational facilities, at a
schoolsite (as defined by section 5204(c)(2) of the Tribally Con-
trolled Schools Act of 1988).
‘‘(3) AVAILABILITY OF FUNDS.—Funds reserved under this
subsection shall remain available without fiscal year limitation
until expended. However, the aggregate amount available from
all fiscal years may not exceed 1 percent of the current year
funds.
‘‘(4) REPORT.—When the Secretary makes funds available
under this subsection, the Secretary shall report such action
to the appropriate committees of Congress within the annual
budget submission.
‘‘(e) SUPPLEMENTAL APPROPRIATIONS.—Supplemental appropria-
tions enacted to meet increased pay costs attributable to school
level personnel shall be distributed under this section.
‘‘(f) ELIGIBLE INDIAN STUDENT DEFINED.—In this section, the
term ‘eligible Indian student’ means a student who—
‘‘(1) is a member of, or is at least one-fourth degree Indian
blood descendant of a member of, a tribe that is eligible for
the special programs and services provided by the United States
through the Bureau to Indians because of their status as
Indians;
‘‘(2) resides on or near a reservation or meets the criteria
for attendance at a Bureau off-reservation home-living school;
and
‘‘(3) is enrolled in a Bureau-funded school.
‘‘(g) TUITION.—
‘‘(1) IN GENERAL.—No eligible Indian student or a student
attending a Bureau school under paragraph (2)(C) may be
charged tuition for attendance at a Bureau school or contract
or grant school.
‘‘(2) ATTENDANCE
OF
NON-INDIAN
STUDENTS
AT
BUREAU
SCHOOLS.—The Secretary may permit the attendance at a
Bureau school of a student who is not an eligible Indian student
if—
‘‘(A) the Secretary determines that the student’s
attendance will not adversely affect the school’s program
for eligible Indian students because of cost, overcrowding,
or violation of standards or accreditation;
‘‘(B) the school board consents;