25 CFR 39 Subparts D - E Accountability (cont) & Contingency Fund

Bureau of Indian Affairs, Interior

§ 39.505

to significant audit exceptions in a fiscal audit; or
(3) Involve fraud and abuse.
(c) The auditor must immediately report exceptions involving fraud and
abuse directly to the Department of
the Interior Inspector General’s office.
§ 39.412 What sanctions apply for failure to comply with this subpart?
(a) The employer of a responsible administrative official must take appropriate personnel action if the official:
(1) Submits false or fraudulent ISEPrelated counts;
(2) Submits willfully inaccurate
counts of student participation in
weighted program areas; or
(3) Certifies or verifies submissions
described in paragraphs (a)(1) or (a)(2)
of this section.
(b) Unless prohibited by law, the employer must report:
(1) Notice of final Federal personnel
action to the tribal governing body and
tribal school board; and
(2) Notice of final tribal or school
board personnel action to the Director
of OIEP.
§ 39.413 Can a school appeal
verification of the count?

the

Yes, a school may appeal to the Director any administrative action disallowing any academic, transportation,
supplemental program or residential
count. In this appeal, the school may
provide evidence to indicate the student’s eligibility, membership or residency or adequacy of a program for all
or a portion of school year. The school
must follow the applicable appeals
process in 25 CFR part 2 or 25 CFR part
900, subpart L.

Subpart E—Contingency Fund
SOURCE: 70 FR 22205, Apr. 28, 2005, unless
otherwise noted.

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§ 39.500 What emergency and contingency funds are available?
The Secretary:
(a) Must reserve 1 percent of funds
from the allotment formula to meet
emergencies and unforeseen contingencies affecting educational programs;

(b) Can carry over to the next fiscal
year a maximum of 1 percent the current year funds; and
(c) May distribute all funds in excess
of 1 percent equally to all schools or
distribute excess as a part of ISEP.
§ 39.501 What is an emergency or unforeseen contingency?
An emergency or unforeseen contingency is an event that meets all of the
following criteria:
(a) It could not be planned for;
(b) It is not the result of mismanagement, malfeasance, or willful neglect;
(c) It is not covered by an insurance
policy in force at the time of the event;
(d) The Assistant Secretary determines that Bureau cannot reimburse
the emergency from the facilities
emergency repair fund; and
(e) It could not have been prevented
by prudent action by officials responsible for the educational program.
§ 39.502 How does a school apply for
contingency funds?
To apply for contingency funds, a
school must send a request to the ELO.
The ELO must send the request to the
Director for consideration within 48
hours of receipt. The Director will consider the severity of the event and will
attempt to respond to the request as
soon as possible, but in any event within 30 days.
§ 39.503 How can a school use contingency funds?
Contingency funds can be used only
for education services and programs,
including repair of educational facilities.
§ 39.504 May schools carry over contingency funds to a subsequent fiscal
year?
Bureau-operated schools may carry
over funds to the next fiscal year.
§ 39.505 What are the reporting requirements for the use of the contingency fund?
(a) At the end of each fiscal year, Bureau/OIEP shall send an annual report
to Congress detailing how the Contingency Funds were used during the previous fiscal year.
(b) By October 1 of each year, the Bureau must send a letter to each school

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