25 U.s.c. 2020

§ 2020

TITLE 25—INDIANS

(f) Administrative costs
The Secretary shall, out of funds appropriated
under subsection (g) of this section, include in
the grants provided under subsection (a) of this
section amounts for administrative costs incurred by the tribe, tribal organization, or consortium of tribes in establishing and maintaining the early childhood development program.
(g) Authorization of appropriations
There are authorized to be appropriated to
carry out this section such sums as may be necessary.
(Pub. L. 95–561, title XI, § 1139, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2058.)
REFERENCES IN TEXT
The Elementary and Secondary Education Act of
1965, referred to in subsec. (e), is Pub. L. 89–10, Apr. 11,
1965, 79 Stat. 27, as amended. Part B of title I of the Act
is classified generally to part B (§ 6361 et seq.) of subchapter I of chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see Short
Title note set out under section 6301 of Title 20 and
Tables.
PRIOR PROVISIONS
A prior section 2019, Pub. L. 95–561, title XI, § 1139, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 4011, related to promulgation of regulations, prior
to repeal by Pub. L. 105–362, title VIII, § 801(c)(5), Nov.
10, 1998, 112 Stat. 3288. See section 2017 of this title.
Another prior section 2019, Pub. L. 95–561, title XI,
§ 1139, Nov. 1, 1978, 92 Stat. 2328; Pub. L. 100–297, title V,
§ 5117, Apr. 28, 1988, 102 Stat. 382; Pub. L. 100–427,
§ 1(c)(1), (2), Sept. 9, 1988, 102 Stat. 1603; Pub. L. 101–301,
§ 5(a), May 24, 1990, 104 Stat. 207, defined terms used in
this chapter, prior to the general amendment of this
chapter by Pub. L. 103–382.

§ 2020. Tribal departments or divisions of education
(a) In general
Subject to the availability of appropriations,
the Secretary shall make grants and provide
technical assistance to tribes for the development and operation of tribal departments or divisions of education for the purpose of planning
and coordinating all educational programs of
the tribe.
(b) Applications
For a tribe to be eligible to receive a grant
under this section, the governing body of the
tribe shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may
require.
(c) Diversity
The Secretary shall award grants under this
section in a manner that fosters geographic and
population diversity.
(d) Use
Tribes that receive grants under this section
shall use the funds made available through the
grants—
(1) to facilitate tribal control in all matters
relating to the education of Indian children on
reservations (and on former Indian reservations in Oklahoma);
(2) to provide for the development of coordinated educational programs (including all pre-

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school, elementary, secondary, and higher or
vocational educational programs funded by
tribal, Federal, or other sources) on reservations (and on former Indian reservations in
Oklahoma) by encouraging tribal administrative support of all Bureau-funded educational
programs as well as encouraging tribal cooperation and coordination with entities carrying out all educational programs receiving
financial support from other Federal agencies,
State agencies, or private entities; and
(3) to provide for the development and enforcement of tribal educational codes, including tribal educational policies and tribal
standards applicable to curriculum, personnel,
students, facilities, and support programs.
(e) Priorities
In making grants under this section, the Secretary shall give priority to any application
that—
(1) includes—
(A) assurances that the applicant serves
three or more separate Bureau-funded
schools; and
(B) assurances from the applicant that the
tribal department of education to be funded
under this section will provide coordinating
services and technical assistance to all of
such schools;
(2) includes assurances that all education
programs for which funds are provided by such
a contract or grant will be monitored and audited, by or through the tribal department of
education, to ensure that the programs meet
the requirements of law; and
(3) provides a plan and schedule that—
(A) provides for—
(i) the assumption, by the tribal department of education, of all assets and functions of the Bureau agency office associated with the tribe, to the extent the assets and functions relate to education; and
(ii) the termination by the Bureau of
such functions and office at the time of
such assumption; and
(B) provides that the assumption shall
occur over the term of the grant made under
this section, except that, when mutually
agreeable to the tribal governing body and
the Assistant Secretary, the period in which
such assumption is to occur may be modified, reduced, or extended after the initial
year of the grant.
(f) Time period of grant
Subject to the availability of appropriated
funds, a grant provided under this section shall
be provided for a period of 3 years. If the performance of the grant recipient is satisfactory
to the Secretary, the grant may be renewed for
additional 3-year terms.
(g) Terms, conditions, or requirements
A tribe that receives a grant under this section shall comply with regulations relating to
grants made under section 450h(a) of this title
that are in effect on the date that the tribal governing body submits the application for the
grant under subsection (b) of this section. The
Secretary shall not impose any terms, condi-

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TITLE 25—INDIANS

tions, or requirements on the provision of grants
under this section that are not specified in this
section.
(h) Authorization of appropriations
There are authorized to be appropriated to
carry out this section $2,000,000.
(Pub. L. 95–561, title XI, § 1140, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2059.)
PRIOR PROVISIONS
A prior section 2020, Pub. L. 95–561, title XI, § 1140, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 4011, related to voluntary services, prior to the
general amendment of this chapter by Pub. L. 107–110.
See section 2012 of this title.
Another prior section 2020, Pub. L. 95–561, title XI,
§ 1140, as added Pub. L. 98–511, title V, § 511, Oct. 19, 1984,
98 Stat. 2397; amended Pub. L. 99–89, § 8, Aug. 15, 1985, 99
Stat. 383, related to voluntary services, prior to the
general amendment of this chapter by Pub. L. 103–382.

§ 2021. Definitions
For the purposes of this chapter, unless otherwise specified:
(1) Agency school board
The term ‘‘agency school board’’ means a
body—
(A) the members of which are appointed by
all of the school boards of the schools located within an agency, including schools
operated under contract or grant; and
(B) the number of such members is determined by the Secretary, in consultation
with the affected tribes;
except that, in agencies serving a single
school, the school board of such school shall
fulfill these duties, and in agencies having
schools or a school operated under contract or
grant, one such member at least shall be from
such a school.
(2) Bureau
The term ‘‘Bureau’’ means the Bureau of Indian Affairs of the Department of the Interior.
(3) Bureau-funded school
The term ‘‘Bureau-funded school’’ means—
(A) a Bureau school;
(B) a contract or grant school; or
(C) a school for which assistance is provided under the Tribally Controlled Schools
Act of 1988 [25 U.S.C. 2501 et seq.].
(4) Bureau school
The term ‘‘Bureau school’’ means a Bureauoperated elementary or secondary day or
boarding school or a Bureau-operated dormitory for students attending a school other
than a Bureau school.
(5) Complementary educational facilities
The term ‘‘complementary educational facilities’’ means educational program functional spaces such as libraries, gymnasiums,
and cafeterias.
(6) Contract or grant school
The term ‘‘contract or grant school’’ means
an elementary school, secondary school, or
dormitory that receives financial assistance
for its operation under a contract, grant, or

§ 2021

agreement with the Bureau under section 450f,
450h(a), or 458d of this title, or under the Tribally Controlled Schools Act of 1988 [25 U.S.C.
2501 et seq.].
(7) Director
The term ‘‘Director’’ means the Director of
the Office of Indian Education Programs.
(8) Education line officer
The term ‘‘education line officer’’ means a
member of the education personnel under the
supervision of the Director of the Office,
whether located in a central, area, or agency
office.
(9) Family literacy services
The term ‘‘family literacy services’’ has the
meaning given that term in section 7801 1 of
title 20.
(10) Financial plan
The term ‘‘financial plan’’ means a plan of
services provided by each Bureau school.
(11) Indian organization
The term ‘‘Indian organization’’ means any
group, association, partnership, corporation,
or other legal entity owned or controlled by a
federally recognized Indian tribe or tribes, or
a majority of whose members are members of
federally recognized tribes.
(12) Inherently Federal functions
The term ‘‘inherently Federal functions’’
means functions and responsibilities which,
under section 2006(c) of this title, are noncontractable, including—
(A) the allocation and obligation of Federal funds and determinations as to the
amounts of expenditures;
(B) the administration of Federal personnel laws for Federal employees;
(C) the administration of Federal contracting and grant laws, including the monitoring
and auditing of contracts and grants in order
to maintain the continuing trust, programmatic, and fiscal responsibilities of the
Secretary;
(D) the conducting of administrative hearings and deciding of administrative appeals;
(E) the determination of the Secretary’s
views and recommendations concerning administrative appeals or litigation and the
representation of the Secretary in administrative appeals and litigation;
(F) the issuance of Federal regulations and
policies as well as any documents published
in the Federal Register;
(G) reporting to Congress and the President;
(H) the formulation of the Secretary’s and
the President’s policies and their budgetary
and legislative recommendations and views;
and
(I) the nondelegable statutory duties of
the Secretary relating to trust resources.
(13) Local educational agency
The term ‘‘local educational agency’’ means
a board of education or other legally con1 See

References in Text note below.