25 CFR 39 Subpart J Administrative Cost Formula & K Pre-kindergarten Programs

§ 39.1000

25 CFR Ch. I (4–1–07 Edition)

Subpart J—Administrative Cost
Formula
SOURCE: 56 FR 35795, July 26, 1991, unless
otherwise noted. Redesignated at 70 FR 33702,
June 9, 2005.

§ 39.1000 Purpose and scope.
The purpose of this subpart is to provide funds at the agency and area education offices for FY 1991 and future
years for administration of all Bureau
of Indian Affairs education functions,
including but not limited to school operations, continuing education, early
childhood education, post-secondary
education and Johnson-O’Malley Programs.

cprice-sewell on PROD1PC66 with CFR

§ 39.1001 Definitions.
(a) Agency Education Office means a
field office of the Office of Indian Education Programs providing administrative direction and supervision to one or
more Bureau-operated schools as well
as being responsible for all other education functions serving tribes within
that agency’s jurisdiction.
(b) Area Education Office means a
field office of the Office of Indian Education Programs responsible for all
education functions serving tribes not
serviced by an agency education office
an in some cases providing administrative direction to one or more off-reservation boarding schools not under an
agency education office.
§ 39.1002 Allotment of education administrative funds.
The total annual budget for agencies/
areas shall be allotted to the Director
and through him/her to agency and
area education offices. This total budget shall be distributed to the various
agency and area education offices as
follows:
(a) Each agency or area education office as defined above shall receive a
base amount of $50,000 for basic administrative costs; and
(b) Each agency or area education office as defined above shall receive an
amount under these funds equal to two
percent of the total higher education,
Johnson-O’Malley and adult education
funds administered by each office, except that the Navajo Agencies are restricted to a maximum of $50,000 for ad-

ministering the Johnson-O’Malley and
higher education programs; and
(c) Eighty percent of the remaining
funds shall be distributed proportionately based on the number of schools
operated under the jurisdiction of each
agency or area education office, with
Bureau-operated schools counting as 1
and contract/grant schools counting as
0.6; and
(d) The remaining twenty percent
shall be distributed proportionately
based on the total weighted student
units generated by all schools under
the jurisdiction of each agency or area
education office.
§ 39.1003 Allotment exception for FY
1991.
For FY 1991 only, the Director may
reserve an amount equal to no more
than one half of the funds received in
FY 1990 by those offices to be closed in
FY 1991 to cover severance pay costs,
lump sum leave payments and relocation costs for those individuals affected
by the closures. Any balance uncommitted by March 31, 1991, shall be distributed in accordance with the formula in § 39.122.

Subpart K—Pre-kindergarten
Programs
SOURCE: 44 FR 61864, Oct. 26, 1979, unless
otherwise noted. Redesignated at 47 FR 13327,
Mar. 30, 1982. Redesignated at 70 FR 33702,
June 9, 2005.

§ 39.1100 Interim fiscal year 1980 and
fiscal year 1981 funding for pre-kindergarten
programs
previously
funded by the Bureau.
Those schools having pre-kindergarten programs funded fully or in part
from Bureau education funds in fiscal
year 1979 shall be funded from Bureau
education funds by the Director in fiscal year 1980 and fiscal year 1981 at
their fiscal year 1979 Bureau education
funding levels. The fiscal year 1979 prekindergarten Bureau funding amount
for each Bureau funded school shall be
deducted from the school’s fiscal year
1979 Bureau Education Budget amount

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