Indian Education Technical Amendments Act of 1985
PL 99-89 (H.R.2908), enacted 08/15/1985

PUBLIC LAW 99-89—AUG. 15, 1985 
99 STAT. 379 
Public Law 99-89 
99th Congress 
An Act 
To amend title XI of the Education Amendments of 1978, relating to Indian education 
programs. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; REFERENCE. 
(a) SHORT TITLE.—This Act may be cited as the "Indian Education 
Technical Amendments Act of 1985". 
(b) REFERENCE.—References in this Act to "the Act" refer to the 
Education Amendments of 1978. 
SEC. 2. STANDARDS FOR THE BASIC EDUCATION OF INDIAN CHILDREN IN 
BUREAU OF INDIAN AFFAIRS SCHOOLS. 
(a) ESTABLISHMENT OF STANDARDS.—Section 1121(d) of the Act (25 
U.S.C. 2001(d)) is amended— 
(1) by striking out "thereafter" in the second sentence and 
inserting in lieu thereof ", within 60 days thereafter,"; and 
(2) by adding at the end thereof the following new sentences: 
"Such revised standards shall be established by the Secretary 
unless such standards are specifically rejected by the Secretary 
for good cause and the Secretary notifies each affected tribe and 
local school board in writing of such rejection. Such rejection 
shall be final and not reviewable.". 
(b) IMPLEMENTATION OF STANDARDS.—Section 1121(e) of the Act is 
amended— 
(1) by striking out "Within two years" and all that follows 
through "Education Assistance Act" in paragraph (2) and 
inserting in lieu thereof the following: "Within two years after 
the date of enactment of the Indian Education Technical 
Amendments Act of 1985, or two years after the date of the 
initial contract for the provision of educational services under 
the Indian Self-Determination and Education Assistance Act, 
whichever is later,"; 
(2) by adding at the end of paragraph (2) the following: "The 
Secretary shall not rescind or fail to renew a contract because of 
this paragraph until at least one year after notifying the school 
of a failure to comply. During such one-year period, the Sec-
retary shall render technical assistance to aid the school to 
comply."; and 
(3) by striking out paragraph (3) and inserting in lieu thereof 
the following: 
"(3) Within one year of the date of the enactment of the Indian 
Education Technical Amendments Act of 1985, the Bureau shall, 
either directly or through contract with an Indian organization, 
establish a consistent system of reporting standards for fiscal con-
trol and fund accounting for all contract schools. Such standards 
shall yield data results comparable to those used by Bureau 
schools.". 
Aug. 15, 1985 
[H.R. 2908] 
Indian 
Education 
Technical 
Amendments 
Act of 1985. 
25 u s e 2001 
note. 
98 Stat. 2391. 
98 Stat. 2392. 
25 u s e 450 note. 
Contracts. 
Contracts. 
99 STAT. 380 
PUBLIC LAW 99-89—AUG. 15, 1985 
98 Stat. 2392. 
(c) PERSONNEL ACTIONS.—Section 1121(f) of the Act is amended by 
25 use 2001. 
striking out the last sentence. 
98 Stat. 2392. 
(d) CLOSING, CONSOLIDATION, AND CURTAILMENT.—Section 1121(g) 
of the Act is amended— 
Schools and 
(1) in paragraph (1), by striking out "no school operated by the 
colleges. 
Bureau of Indian Affairs on January 1, 1984, may be closed or 
its program curtailed" and inserting in lieu thereof "no school 
or peripheral dormitory operated by the Bureau of Indian Af-
fairs on or after the date of enactment of the Indian Education 
Technical Amendments Act of 1985 may be closed or consoli-
dated or have its program substantially curtailed"; 
(2) by adding at the end of such paragraph the following new 
sentence: "The requirements of this subsection shall not apply 
when a temporary closure, consolidation, or substantial curtail-
ment is required by plant conditions which constitute an imme-
diate hazard to health and safety."; 
(3) in paragraph (2) by striking out "closing or consolidation" 
and inserting in lieu thereof "closing, consolidation, or substan-
tial curtailment"; and 
(4) by striking out paragraphs (3), (4), and (5) and inserting in 
lieu thereof the following: 
"(3) Such standards and procedures shall require that whenever 
closure, consolidation, or substantial curtailment of a school is 
under active consideration or review by any division of the Bureau 
or the Department of the Interior, the affected tribe, tribal governing 
body, and designated local school board will be notified as soon as 
such consideration or review begins, kept fully and currently in-
formed, and afforded an opportunity to comment with respect to 
such consideration or review. When a formal decision is made to 
close, consolidate, or substantially curtail a school, the affected 
tribe, tribal governing body, and designated local school board shall 
be notified at least 6 months prior to the end of the school year 
preceding the proposed effective date. Copies of any such notices and 
information shall be transmitted promptly to the Congress and 
published in the Federal Register. 
"(4) The Secretary shall make a report to Congress, the affected 
tribe, and the designated local school board describing the process of 
the active consideration or review referred to in paragraph (3). At a 
minimum, the report shall include a study of the impact of such 
action on the student population, with every effort to identify those 
students with particular educational and social needs, and to insure 
that alternative services are available to such students. Such report 
shall include the description of the consultation conducted between 
the potential service provider, current service provider, parents, 
tribal representative and the tribe or tribes involved, and the Direc-
tor of the Office of Indian Education Programs within the Bureau 
regarding such students. No irreversible action may be taken in 
furtherance of any such proposed school closure, consolidation, or 
substantial curtailment (including any action which would prejudice 
the personnel or programs of such school) until the end of the first 
full academic year after such report is made.". 
SEC. 3. SCHOOL BOUNDARIES. 
98 Stat. 2393. 
Section 1124(b) of the Act is amended to read as follows: 
25 use 2004. 
"(b) On or after the date of enactment of the Indian Education 
Technical Amendments Act of 1985, no attendance area shall be 
changed or established with respect to any such school unless the 
Federal 
Register, 
publication. 
Report. 
Study. 
PUBLIC LAW 99-89—AUG. 15, 1985 
99 STAT. 381 
tribal governing body or the local school board (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.". 
SEC. 4. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS. 
(a) COORDINATION.—Section 1126(b) of the Act (25 U.S.C. 20060)) is 
98 Stat. 2393. 
amended by striking out the second and third sentences and insert-
ing in lieu thereof the following: "The Assistant Secretary for Indian 
Contracts. 
Affairs shall provide for the adequate coordination between the 
affected Bureau Offices and the Office to facilitate the consideration 
of all contract functions relating to education, except that the 
Secretary shall review the applications for the new school starts 
which were filed with the Bureau before October 1, 1984, under the 
rules and guidelines in effect on the date the application was filed. 
Nothing in this Act shall be construed to require the provision of 
separate support services for Indian education.". 
(b) FACILITIES.—Section 1126(d) of the Act is amended— 
98 Stat. 2394. 
(1) in paragraph (1), by striking out "and" at the end of 
subparagraph (A), by striking out the period at the end of 
subparagraph (B) and inserting in lieu thereof "; and", and 
by inserting 
after 
subparagraph (B) the following new 
subparagraph: 
"(C) including a 5-year plan for capital improvements."; 
(2) by striking out the second sentence of paragraph (2); 
(3) by striking out "the allocation" in paragraph (2)(C) and 
inserting in lieu thereof "a notice of an allocation"; 
(4) in paragraph (2), by striking out "and" at the end of 
subparagraph (B), by striking out the period at the end of 
subparagraph (C) and inserting in lieu thereof "; and", and 
by inserting after 
subparagraph (C) the following new 
subparagraph: 
"(D) a system for the conduct of routine 
preventive 
maintenance."; 
(5) by striking out "expended or transferred" in the next to 
last sentence of paragraph (2) and inserting in lieu thereof 
"authorized for expenditure"; 
(6) by striking out paragraph (3) and redesignating paragraph 
(4) £is paragraph (3); and 
(7) in paragraph (3), as so redesignated, by striking out 
"Indian Education Amendments of 1984" and inserting in lieu 
thereof "Indian Education Technical Amendments Act of 1985". 
SEC. 5. ALLOTMENT FORMULA. 
(a) SPECIAL COST FACTORS.—Section 1128(aX2) of the Act (25 U.S.C. 
2008(a)(2)) is amended— 
98 Stat. 2394. 
(1) by inserting "and" at the end of subparagraph (G); 
(2) by striking out "and" at the end of subparagraph (H); and 
(3) by striking out subparagraph (I). 
99 STAT. 382 
PUBLIC LAW 99-89—AUG. 15, 1985 
(b) SEPARATE FUND FOR EMPLOYEE COSTS.—Section 1128(e) of the 
98 Stat. 2395. 
Act is amended to read as follows: 
25 use 2008. 
"(e) Supplemental appropriations enacted to meet increased pay 
costs attributable to school level personnel shall be distributed 
under this section.". 
SEC. 6. UNIFORM DIRECT FUNDING AND SUPPORT. 
(a) AVAILABILITY OF APPROPRIATIONS.—Section 1129(a) of the Act 
98 Stat. 2395. 
(25 U.S.C. 2009(a)) is amended— 
(1) by striking out "this section" each place it appears and 
inserting in lieu thereof "section 1128"; 
(2) by redesignating paragraphs (2) and (3) as paragraphs (3) 
and (4), respectively; 
(3) by adding at the end of paragraph (1) the following new 
sentence: "Amounts appropriated for distribution under this 
section may be made available under paragraph (2) or under 
paragraph (3), as provided in the appropriation Act."; 
(4) by inserting after paragraph (1) the following new 
paragraph: 
"(2)(A) For the purpose of affording adequate notice of fund-
Ante, p. 381. 
ing available pursuant to the allotments made by section 1128, 
amounts appropriated in the appropriations Art for any fiscal 
year shall become available for obligation by the affected 
schools on October 1 of the fiscal year for which they are 
appropriated without further action by the Secretary, and shall 
remain available through six months of the succeeding fiscal 
year. In order to effect the transition to the advance funding 
method of distribution described in the preceding sentence, 
there are authorized to be appropriated, in an appropriations 
Act or Acts for the same fiscal year, two separate appropria-
tions for such allotments, the first of which shall not be subject 
to the preceding sentence. 
"(B) The Secretary shall, on the basis of the amount appro-
priated in accordance with this paragraph— 
"(i) publish, on July 1 preceding the fiscal year for which 
the funds are appropriated, allotments to each affected 
school made under section 1128 of 75 per centum of such 
appropriations, based on the school's student count for the 
preceding academic year; and 
"(ii) publish no later than November 1 of the fiscal year 
for which funds are appropriated the allotments to be made 
from the remaining 25 per centum, adjusted to reflect 
actual student count, such funds to be immediately avail-
able for obligation by the affected schools."; 
(5) by striking out "Notwithstanding any law" in paragraph 
(4) (as redesignated by paragraph (1) of this subsection) and 
inserting in lieu thereof "Pursuant to guidelines established by 
the Assistant Secretary, notwithstanding any law"; 
(6) by striking out "expend no more than 10 percent" in such 
paragraph and inserting in lieu thereof "expend no more than 
$25,000 annually"; and 
(7) by striking out "with or" in such paragraph. 
(b) USE OF SELF-DETERMINATION GRANTS.—Section 1129(c) of the 
98 Stat. 2396. 
Act is amended— 
(1) by striking out "shall institute a program" and inserting 
in lieu thereof "may approve applications"; and 
PUBLIC LAW 99-89—AUG. 15, 1985 
99 STAT. 383 
(2) by inserting before the period at the end thereof the 
following: "from funds appropriated pursuant to section 104(a) 
of such Act". 
SEC. 7. ANNUAL REPORTING. 
Section 1136(b) of the Act (25 U.S.C. 2016(b)) is amended by 
98 Stat. 2397. 
striking out "the Bureau, the Office, and". 
SEC. 8. VOLUNTARY SERVICES. 
Section 1140 of the Act (25 U.S.C. 2020) is amended— 
98 Stat. 2398. 
(1) by striking out "an officer or employee of the Bureau or 
the Office" and inserting in lieu thereof "the Secretary"; 
(2) by striking out "and contract"; and 
(3) by adding the following at the end thereof: "An individual 
providing volunteer services under this section is a Federal 
employee only for purposes of chapter 81 of title 5, United 
States Code, and chapter 171 of title 28, United States Code.". 5 USC sioi et 
seq-.; 28 use 2671 
SEC. 9. ADDITIONAL TECHNICAL AMENDMENTS. 
et seq. 
(a) REDESIGNATION AND REPEAL.—The Act is further amended— 
(1) by redesignating sections 1141 and 1142 as (as added by the 
98 Stat. 2398. 
Education Amendments of 1984) as sections 1140A and 1140B, 25 USC 2021, 
respectively; and 
^^^^• 
(2) by striking section 1143 (as added by such Amendments). 98 Stat. 2398. 
(b) PRORATION OF PAY.—Section 1140A(a) of the Act (as so redesig- 25 use 2023. 
nated) is amended— 
25 use 2021. 
(1) by inserting "including laws relating to dual compensa-
tion," after "provision of law,"; and 
(2) by inserting ", including benefits under unemployment or 
other Federal or federally-assisted programs," after "pay or 
benefits". 
(c) EXTRACURRICULAR ACTIVITIES.—Section 1140B of the Act (as so 25 use 2022. 
redesignated) is amended— 
(1) by striking out "Secretary shall provide" in subsection (a) 
and inserting in lieu thereof "Secretary may provide, for each 
Bureau area,"; 
(2) by striking out subsection (b); and 
(3) by redesignating subsections (c) and (d) as subsections (b) 
and (c), respectively. 
SEC. 10. EFFECTIVE DATES. 
25 USC 2001 
(a) IN GENERAL.—Except as provided in subsection (b) but notwith-
standing any other provision of law, the amendments made by this 
Act and by the Indian Education Amendments of 1984 to title XI of 98 Stat. 2391. 
the Education Amendments of 1978 shall be effective on the date of 25 use 2001 
note. 
99 STAT. 384 
PUBLIC LAW 99-89—AUG. 15, 1985 
enactment of this Act and shall apply with respect to any expendi-
ture of funds for the operation or support of Bureau of Indian 
Affairs schools and Indian controlled contract schools for school 
years beginning after August 1,1985. 
98 Stat. 
(b) EXCEPTION.—The amendments made by sections 504, 505, and 
2393-2395. 
506 of the Indian Education Amendments of 1984 shall be effective 
200?.fooT'' 
on October 1,1985. 
Approved August 15,1985. 
LEGISLATIVE HISTORY—H.R. 2908 (S. 1398): 
HOUSE REPORT No. 99-231 (Comm. on Education and Labor). 
SENATE REPORT No. 99-116 accompanying S. 1398 (Select Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 131 (1985): 
July 29, considered and passed House. 
July 30, considered and passed Senate.