25 U.s.c. 200-2021

§ 1961

TITLE 25—INDIANS

SUBCHAPTER IV—MISCELLANEOUS
PROVISIONS
§ 1961. Locally convenient day schools
(a) Sense of Congress
It is the sense of Congress that the absence of
locally convenient day schools may contribute
to the breakup of Indian families.
(b) Report to Congress; contents, etc.
The Secretary is authorized and directed to
prepare, in consultation with appropriate agencies in the Department of Health and Human
Services, a report on the feasibility of providing
Indian children with schools located near their
homes, and to submit such report to the Select
Committee on Indian Affairs of the United
States Senate and the Committee on Interior
and Insular Affairs of the United States House of
Representatives within two years from November 8, 1978. In developing this report the Secretary shall give particular consideration to the
provision of educational facilities for children in
the elementary grades.
(Pub. L. 95–608, title IV, § 401, Nov. 8, 1978, 92
Stat. 3078; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695.)
CHANGE OF NAME
‘‘Department of Health and Human Services’’ substituted for ‘‘Department of Health, Education, and
Welfare’’ in subsec. (b), pursuant to section 509(b) of
Pub. L. 96–88 which is classified to section 3508(b) of
Title 20, Education.
Select Committee on Indian Affairs of the Senate redesignated Committee on Indian Affairs of the Senate
by section 25 of Senate Resolution No. 71, Feb. 25, 1993,
One Hundred Third Congress.
Committee on Interior and Insular Affairs of the
House of Representatives changed to Committee on
Natural Resources of the House of Representatives on
Jan. 5, 1993, by House Resolution No. 5, One Hundred
Third Congress.

§ 1962. Copies to the States
Within sixty days after November 8, 1978, the
Secretary shall send to the Governor, chief justice of the highest court of appeal, and the attorney general of each State a copy of this chapter, together with committee reports and an explanation of the provisions of this chapter.
(Pub. L. 95–608, title IV, § 402, Nov. 8, 1978, 92
Stat. 3078.)
§ 1963. Severability
If any provision of this chapter or the applicability thereof is held invalid, the remaining provisions of this chapter shall not be affected
thereby.
(Pub. L. 95–608, title IV, § 403, Nov. 8, 1978, 92
Stat. 3078.)
CHAPTER 22—BUREAU OF INDIAN AFFAIRS
PROGRAMS
Sec.

2000.
2001.

2002.

Declaration of policy.
Accreditation for the basic education of Indian children in Bureau of Indian Affairs
schools.
National criteria for home-living situations.

Page 642

Sec.

2003.
2004.
2005.
2006.
2007.
2008.
2009.
2010.
2011.
2012.
2013.
2014.
2015.
2016.
2017.
2018.
2019.
2020.
2021.

Codification of regulations.
School boundaries.
Facilities construction.
Bureau of Indian Affairs education functions.
Allotment formula.
Administrative cost grants.
Division of Budget Analysis.
Uniform direct funding and support.
Policy for Indian control of Indian education.
Indian education personnel.
Computerized management information system.
Recruitment of Indian educators.
Annual report; audits.
Rights of Indian students.
Regulations.
Regional meetings and negotiated rulemaking.
Early childhood development program.
Tribal departments or divisions of education.
Definitions.
CODIFICATION

Part B of title XI of the Education Amendments of
1978, comprising this chapter, was originally enacted as
part B of title XI of Pub. L. 95–561, Nov. 1, 1978, 92 Stat.
2316, and amended by 1978 Reorg. Plan No. 2, eff. Jan.
1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 96–46, Aug. 6,
1979, 93 Stat. 338; Pub. L. 96–88, Oct. 17, 1979, 93 Stat. 668;
Pub. L. 97–375, Dec. 21, 1982, 96 Stat. 1819; Pub. L. 98–511,
Oct. 19, 1984, 98 Stat. 2366; Pub. L. 99–89, Aug. 15, 1985,
99 Stat. 379; Pub. L. 99–228, Dec. 28, 1985, 99 Stat. 1747;
Pub. L. 99–570, Oct. 27, 1986, 100 Stat. 3207; Pub. L.
100–297, Apr. 28, 1988, 102 Stat. 130; Pub. L. 100–427, Sept.
9, 1988, 102 Stat. 1603; Pub. L. 101–301, May 24, 1990, 104
Stat. 206; Pub. L. 102–531, Oct. 27, 1992, 106 Stat. 3469;
Pub. L. 103–382, Oct. 20, 1994, 108 Stat. 3518; Pub. L.
104–134, Apr. 26, 1996, 110 Stat. 1321; Pub. L. 104–140, May
2, 1996, 110 Stat. 1327; Pub. L. 105–244, Oct. 7, 1998, 112
Stat. 1581; Pub. L. 105–362, Nov. 10, 1998, 112 Stat. 3280;
Pub. L. 106–554, Dec. 21, 2000, 114 Stat. 2763. Part B of
title XI of the Act is shown herein, however, as having
been added by Pub. L. 107–110 without reference to such
intervening amendments because of the extensive
amendment of the part’s provisions by Pub. L. 107–110,
title X, § 1042, Jan. 8, 2002, 115 Stat. 2007.

§ 2000. Declaration of policy
Congress declares that the Federal Government has the sole responsibility for the operation and financial support of the Bureau of Indian Affairs funded school system that it has established on or near Indian reservations and Indian trust lands throughout the Nation for Indian children. It is the policy of the United
States to fulfill the Federal Government’s
unique and continuing trust relationship with
and responsibility to the Indian people for the
education of Indian children and for the operation and financial support of the Bureau of Indian Affairs-funded school system to work in
full cooperation with tribes toward the goal of
ensuring that the programs of the Bureau of Indian Affairs-funded school system are of the
highest quality and provide for the basic elementary and secondary educational needs of Indian children, including meeting the unique educational and cultural needs of those children.
(Pub. L. 95–561, title XI, § 1120, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2007.)
EFFECTIVE DATE
Chapter effective Jan. 8, 2002, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as a note
under section 6301 of Title 20, Education.

Page 643

TITLE 25—INDIANS
SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107–110, title X, § 1041, Jan. 8, 2002, 115 Stat.
2007, provided that: ‘‘This part [part D (§§ 1041–1045) of
title X of Pub. L. 107–110, enacting this chapter and sections 2501 to 2511 of this title, amending section 13d–2 of
this title, and repealing former sections 2501 to 2511 of
this title] may be cited as the ‘Native American Education Improvement Act of 2001’.’’
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100–297, title V, § 5101, Apr. 28, 1988, 102 Stat.
363, provided that: ‘‘This part [part A (§§ 5101–5120) of
title V of Pub. L. 100–297, enacting sections 2008a, 2022a,
and 2022b of this title, amending sections 2001 to 2005,
2008 to 2011, and 2019 of this title, repealing section
241bb–1 of Title 20, Education, enacting provisions set
out as notes under section 2011 of this title and section
1411 of Title 20, and repealing provisions set out as a
note under section 241aa of Title 20] may be cited as the
‘Indian Education Amendments of 1988’.’’
SHORT TITLE OF 1985 AMENDMENT
Pub. L. 99–89, § 1(a), Aug. 15, 1985, 99 Stat. 379, provided that: ‘‘This Act [amending sections 2001, 2004,
2006, 2008, 2009, 2016, 2020, 2021, and 2022 of this title, repealing section 2023 of this title, and enacting provisions formerly set out as a note under section 2001 of
this title] may be cited as the ‘Indian Education Technical Amendments Act of 1985’.’’
SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98–511, title V, § 501(a), Oct. 19, 1984, 98 Stat.
2391, provided that: ‘‘This title [enacting sections 2020
to 2023 of this title, amending sections 2001, 2004, 2006,
2008, 2009, 2011, 2012, 2016, 2018 of this title, and sections
241aa to 241ff, 1211a, 1221g, 3385, 3385a, and 3385b of Title
20, Education, and enacting provisions set out as a note
under section 241ff of Title 20] may be cited as the ‘Indian Education Amendments of 1984’.’’
THERAPEUTIC MODEL DEMONSTRATION SCHOOLS
Pub. L. 103–382, title V, § 566, Oct. 20, 1994, 108 Stat.
4059, provided that:
‘‘(a) AUTHORIZATION.—
‘‘(1) IN GENERAL.—The Secretary of the Interior,
acting through the Bureau of Indian Affairs, is authorized to establish demonstration schools, based on
the therapeutic model described in this section, to
provide services necessary to achieve positive
changes in the attitudes, behavior, and academic performance of Indian youth attending off-reservation
boarding schools.
‘‘(2) PURPOSE.—The purpose of the therapeutic
model demonstration schools is—
‘‘(A) to provide a program, based on an annual
written plan, linking clinicians, counselors, and
mental health professionals with academic program
personnel in a culturally sensitive residential program tailored to the particular needs of Indian students;
‘‘(B) to provide for a continued evaluation of the
planning and implementation of the therapeutic
model in the designated schools; and
‘‘(C) to determine what steps the Bureau of Indian
Affairs must take and what resources are required
to transform existing off-reservation boarding
schools to meet the needs of chemically dependent,
emotionally disturbed, socially troubled, or other
at-risk Indian youth who attend such schools.
‘‘(b) LOCATION.—The Secretary shall initiate the
therapeutic model at two schools during school years
1994 through 1996, and shall give priority to—
‘‘(1) one school that is the recipient of a grant
under section 5204 of the August [Augustus] F. Hawkins-Robert T. Stafford Elementary and Secondary
School Improvement Amendments of 1988 [25 U.S.C.
2503] during the 1994–1995 school year; and
‘‘(2) one school operated by the Bureau of Indian Affairs during the 1995–1996 school year.

§ 2001

‘‘(c) SERVICES.—The demonstration schools shall provide an integrated residential environment that may
include—
‘‘(1) mental health services;
‘‘(2) education;
‘‘(3) recreation therapy;
‘‘(4) social service programs;
‘‘(5) substance abuse education and prevention; and
‘‘(6) other support services for aftercare.
‘‘(d) STAFFING.—The demonstration schools shall be
staffed with health and social service professionals, and
educators, and may include—
‘‘(1) clinical psychologists;
‘‘(2) child psychologists;
‘‘(3) substance abuse counselors;
‘‘(4) social workers; and
‘‘(5) health educators.
‘‘(e) ENROLLMENT.—Notwithstanding any other provision of law, the Secretary of the Interior may limit the
enrollment at the demonstration schools.
‘‘(f) ASSISTANCE.—The Secretary is authorized to
enter into agreements with other organizations and
agencies, including the Indian Health Service, to carry
out this section.
‘‘(g) REPORT.—Not later than July 31 of each year, the
Secretary of the Interior shall submit a report to the
Committee on Indian Affairs of the Senate and the
Committee on Education and Labor of the House of
Representatives on the progress of the Department of
the Interior in the development of the demonstration
schools.’’

§ 2001. Accreditation for the basic education of
Indian children in Bureau of Indian Affairs
schools
(a) Purpose; declarations of purpose
(1) Purpose
The purpose of the accreditation required
under this section shall be to ensure that Indian students being served by a school funded
by the Bureau of Indian Affairs are provided
with educational opportunities that equal or
exceed those for all other students in the
United States.
(2) Declarations of purpose
Local school boards for schools operated by
the Bureau of Indian Affairs, in cooperation
and consultation with the appropriate tribal
governing bodies and their communities, are
encouraged to adopt declarations of purpose
for education for their communities, taking
into account the implications of such declarations on education in their communities and
for their schools. In adopting such declarations of purpose, the school boards shall consider the effect the declarations may have on
the motivation of students and faculties.
(b) Accreditation
(1) Deadline
(A) In general
Not later than 24 months after January 8,
2002, each Bureau-funded school shall, to the
extent that necessary funds are provided, be
a candidate for accreditation or be accredited—
(i) by a tribal accrediting body, if the accreditation standards of the tribal accrediting body have been accepted by formal
action of the tribal governing body and
such accreditation is acknowledged by a
generally recognized State certification or
regional accrediting agency;

§ 2001

TITLE 25—INDIANS

(ii) by a regional accreditation agency;
(iii) by State accreditation standards for
the State in which the Bureau-funded
school is located; or
(iv) in the case of a Bureau-funded school
that is located on a reservation that is located in more than one State, in accordance with the State accreditation standards of one State as selected by the tribal
government.
(B) Feasibility study
Not later than 12 months after January 8,
2002, the Secretary of the Interior and the
Secretary of Education shall, in consultation with Indian tribes, Indian education organizations, and accrediting agencies, develop and submit to the appropriate committees of Congress a report on the desirability
and feasibility of establishing a tribal accreditation agency that would—
(i) review and acknowledge the accreditation
standards
for
Bureau-funded
schools; and
(ii) establish accreditation procedures to
facilitate the application, review of the
standards and review processes, and recognition of qualified and credible tribal departments of education as accrediting bodies serving tribal schools.
(2) Determination of accreditation to be applied
The accreditation type applied for each
school shall be determined by the tribal governing body, or the school board, if authorized
by the tribal governing body.
(3) Assistance to school boards
(A) In general
The Secretary, through contracts and
grants, shall provide technical and financial
assistance to Bureau-funded schools, to the
extent that necessary amounts are made
available, to enable such schools to obtain
the accreditation required under this subsection, if the school boards request that
such assistance, in part or in whole, be provided.
(B) Entities through which assistance may be
provided
The Secretary may provide such assistance directly or through the Department of
Education, an institution of higher education, a private not-for-profit organization
or for-profit organization, an educational
service agency, or another entity with demonstrated experience in assisting schools in
obtaining accreditation.
(4) Application of current standards during accreditation
A Bureau-funded school that is seeking accreditation shall remain subject to the standards issued under this section 1 and in effect on
the day before January 8, 2002, until such time
as the school is accredited, except that if any
of such standards are in conflict with the
standards of the accrediting agency, the
1 See

References in Text note below.

Page 644

standards of such agency shall apply in such
case.
(5) Annual report on unaccredited schools
Not later than 90 days after the end of each
school year, the Secretary shall prepare and
submit to the Committee on Appropriations,
the Committee on Education and the Workforce, and the Committee on Resources of the
House of Representatives and the Committee
on Appropriations, the Committee on Indian
Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate, a
report concerning unaccredited Bureau-funded
schools that—
(A) identifies those Bureau-funded schools
that fail to be accredited or to be candidates
for accreditation within the period provided
for in paragraph (1);
(B) with respect to each Bureau-funded
school identified under subparagraph (A),
identifies the reasons that each such school
is not accredited or a candidate for accreditation, as determined by the appropriate accreditation agency, and a description of any
possible way in which to remedy such nonaccreditation; and
(C) with respect to each Bureau-funded
school for which the reported reasons for the
lack of accreditation under subparagraph (B)
are a result of the school’s inadequate basic
resources, contains information and funding
requests for the full funding needed to provide such schools with accreditation, such
funds if provided shall be applied to such
unaccredited school under this paragraph.
(6) Opportunity to review and present evidence
(A) In general
Prior to including a Bureau-funded school
in an annual report required under paragraph (5), the Secretary shall—
(i) ensure that the school has exhausted
all administrative remedies provided by
the accreditation agency; and
(ii) provide the school with an opportunity to review the data on which such
inclusion is based.
(B) Provision of additional information
If the school board of a school that the
Secretary has proposed for inclusion in an
annual report under paragraph (5) believes
that such inclusion is in error, the school
board may provide to the Secretary such information as the board believes is in conflict
with the information and conclusions of the
Secretary with respect to the determination
to include the school in such annual report.
The Secretary shall consider such information provided by the school board before
making a final determination concerning
the inclusion of the school in any such report.
(C) Publication of accreditation status
Not later than 30 days after making an initial determination to include a school in an
annual report under paragraph (5), the Secretary shall make public the final determination on the accreditation status of the
school.

Page 645

TITLE 25—INDIANS

(7) School plan
(A) In general
Not later than 120 days after the date on
which a school is included in an annual report under paragraph (5), the school shall develop a school plan, in consultation with interested parties including parents, school
staff, the school board, and other outside experts (if appropriate), that shall be submitted to the Secretary for approval. The school
plan shall cover a 3-year period and shall—
(i) incorporate strategies that address
the specific issues that caused the school
to fail to be accredited or fail to be a candidate for accreditation;
(ii) incorporate policies and practices
concerning the school that have the greatest likelihood of ensuring that the school
will obtain accreditation during the 3-year
period beginning on the date on which the
plan is implemented;
(iii) contain an assurance that the school
will reserve the necessary funds, from the
funds described in paragraph (3), for each
fiscal year for the purpose of obtaining accreditation;
(iv) specify how the funds described in
clause (iii) will be used to obtain accreditation;
(v) establish specific annual, objective
goals for measuring continuous and significant progress made by the school in a
manner that will ensure the accreditation
of the school within the 3-year period described in clause (ii);
(vi) identify how the school will provide
written notification about the lack of accreditation to the parents of each student
enrolled in such school, in a format and, to
the extent practicable, in a language the
parents can understand; and
(vii) specify the responsibilities of the
school board and any assistance to be provided by the Secretary under paragraph
(3).
(B) Implementation
A school shall implement the school plan
under subparagraph (A) expeditiously, but in
no event later than the beginning of the
school year following the school year in
which the school was included in the annual
report under paragraph (5) so long as the
necessary resources have been provided to
the school.
(C) Review of plan
Not later than 45 days after receiving a
school plan, the Secretary shall—
(i) establish a peer-review process to assist with the review of the plan; and
(ii) promptly review the school plan,
work with the school as necessary, and approve the school plan if the plan meets the
requirements of this paragraph.
(8) Corrective action
(A) Definition
In this subsection, the term ‘‘corrective
action’’ means any action that—
(i) substantially and directly responds
to—

§ 2001

(I) the failure of a school to achieve accreditation; and
(II) any underlying staffing, curriculum, or other programmatic problem in
the school that contributed to the lack
of accreditation; and
(ii) is designed to increase substantially
the likelihood that the school will be accredited.
(B) Waiver
The Secretary shall grant a waiver which
shall exempt a school from any or all of the
requirements of this paragraph and paragraph (7) (though such school shall be required to comply with the standards contained in part 36 of title 25, Code of Federal
Register,2 as in effect on January 8, 2002) if
the school—
(i) is identified in the report described in
paragraph (5)(C); and
(ii) fails to be accredited for reasons that
are beyond the control of the school board,
as determined by the Secretary, including,
but not limited to—
(I) a significant decline in financial resources;
(II) the poor condition of facilities, vehicles, or other property; and
(III) a natural disaster.
(C) Duties of Secretary
After providing assistance to a school
under paragraph (3), the Secretary shall—
(i) annually review the progress of the
school under the applicable school plan to
determine whether the school is meeting,
or making adequate progress toward
achieving the goals described in paragraph
(7)(A)(v) with respect to reaccreditation or
becoming a candidate for accreditation;
(ii) except as provided in subparagraph
(B), continue to provide assistance while
implementing the school’s plan, and, if determined appropriate by the Secretary,
take corrective action with respect to the
school if it fails to be accredited at the end
of the third full year immediately following the date that the school’s plan was
first in effect under paragraph (7);
(iii) provide all students enrolled in a
school that is eligible for a corrective action determination by the Secretary under
clause (ii) with the option to transfer to
another public or Bureau-funded school,
including a public charter school, that is
accredited;
(iv) promptly notify the parents of children enrolled in a school that is eligible
for a corrective action determination by
the Secretary under clause (ii) of the option to transfer their child to another public or Bureau-funded school; and
(v) provide, or pay for the provision of,
transportation for each student described
in clause (iii) to the school described in
clause (iii) to which the student elects to
be transferred to the extent funds are
available, as determined by the tribal governing body.
2 So

in original. Probably should be ‘‘Regulations,’’.

§ 2001

TITLE 25—INDIANS

(D) Failure of school plan of Bureau-operated school
With respect to a Bureau-operated school
that fails to be accredited at the end of the
third full year immediately following the
date that the school’s plan was first in effect
under paragraph (7), the Secretary may take
one or more of the following corrective actions:
(i) Institute and fully implement actions
suggested by the accrediting agency.
(ii) Consult with the tribe involved to determine the causes for the lack of accreditation including potential staffing and administrative changes that are or may be
necessary.
(iii) Set aside a certain amount of funds
that may only be used by the school to obtain accreditation.
(iv)(I) Provide the tribe with a 60-day period during which to determine whether
the tribe desires to operate the school as a
contract or grant school before meeting
the accreditation requirements in section
5207(c) of the Tribally Controlled Schools
Act of 1988 1 at the beginning of the next
school year following the determination to
take corrective action. If the tribe agrees
to operate the school as a contract or
grant school, the tribe shall prepare a
plan, pursuant to paragraph (7), for approval by the Secretary in accordance
with paragraph (7), to achieve accreditation.
(II) If the tribe declines to assume control of the school, the Secretary, in consultation with the tribe, may contract
with an outside entity, consistent with applicable law, or appoint a receiver or trustee to operate and administer the affairs of
the school until the school is accredited.
The outside entity, receiver, or trustee
shall prepare a plan, pursuant to paragraph (7), for approval by the Secretary in
accordance with paragraph (7).
(III) Upon accreditation of the school,
the Secretary shall allow the tribe to continue to operate the school as a grant or
contract school, or if the school is being
controlled by an outside entity, provide
the tribe with the option to assume operation of the school as a contract school, in
accordance with the Indian Self-Determination Act [25 U.S.C. 450f et seq.], or as
a grant school in accordance with the
Tribally Controlled Schools Act of 1988 [25
U.S.C. 2501 et seq.], at the beginning of the
school year following the school year in
which the school obtains accreditation. If
the tribe declines, the Secretary may
allow the outside entity, receiver, or trustee to continue the operation of the school
or reassume control of the school.
(E) Failure of school plan of contract or
grant school
(i) Corrective action
With respect to a contract or grant
school that fails to be accredited at the
end of the third full year immediately following the date that the school’s plan was

Page 646

first in effect under paragraph (7), the Secretary may take one or more of the corrective actions described in subparagraph
(D)(i) and (D)(ii). The Secretary shall implement such corrective action for at least
1 year prior to taking any action described
under clause (ii).
(ii) Outside entity
If the corrective action described in
clause (i) does not result in accreditation
of the school, the Secretary, in conjunction with the tribal governing body, may
contract with an outside entity to operate
the school in order to achieve accreditation of the school within 2 school years.
Prior to entering into such a contract, the
Secretary shall develop a proposal for such
operation which shall include, at a minimum, the following elements:
(I) The identification of one or more
outside entities each of which has demonstrated to the Secretary its ability to
develop a satisfactory plan for achieving
accreditation and its willingness and
availability to undertake such a plan.
(II) A plan for implementing operation
of the school by such an outside entity,
including the methodology for oversight
and evaluation of the performance of the
outside entity by the Secretary and the
tribe.
(iii) Proposal amendments
The tribal governing body shall have 60
days to amend the plan developed pursuant
to clause (ii), including identifying another outside entity to operate the school.
The Secretary shall reach agreement with
the tribal governing body on the proposal
and any such amendments to the plan not
later than 30 days after the expiration of
the 60-day period described in the preceding sentence. After the approval of the proposal and any amendments, the Secretary,
with continuing consultation with such
tribal governing body, shall implement the
proposal.
(iv) Accreditation
Upon accreditation of the school, the
tribe shall have the option to assume the
operation and administration of the school
as a contract school after complying with
the Indian Self-Determination Act [25
U.S.C. 450f et seq.], or as a grant school,
after complying with the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501
et seq.], at the beginning of the school
year following the year in which the
school obtains accreditation.
(v) Retrocede
Nothing in this subparagraph shall limit
a tribe’s right to retrocede operation of a
school to the Secretary pursuant to section 105(e) of the Indian Self-Determination Act [25 U.S.C. 450j(e)] (with respect to
a contract school) or section 5204(f) of the
Tribally Controlled Schools Act of 1988 1
(with respect to a grant school).
(vi) Consistent
The provisions of this subparagraph shall
be construed to be consistent with the pro-

Page 647

TITLE 25—INDIANS

visions of the Tribally Controlled Schools
Act of 1988 [25 U.S.C. 2501 et seq.] and the
Indian Self-Determination Act [25 U.S.C.
450f et seq.] as in effect on the day before
January 8, 2002, and shall not be construed
as expanding the authority of the Secretary under any other law.
(F) Hearing
With respect to a school that is operated
pursuant to a grant, or a school that is operated under a contract under the Indian SelfDetermination Act [25 U.S.C. 450f et seq.],
prior to implementing any corrective action
under this paragraph, the Secretary shall
provide notice and an opportunity for a
hearing to the affected school pursuant to
section 5207 of the Tribally Controlled
Schools Act of 1988.1
(9) Statutory construction
Nothing in this section shall be construed to
alter or otherwise affect the rights, remedies,
and procedures afforded to school employees
under applicable law (including applicable regulations or court orders) or under the terms of
any collective bargaining agreement, memorandum of understanding, or other agreement
between such employees and their employers.
(10) Fiscal control and fund accounting standards
The Bureau shall, either directly or through
contract with an Indian organization, establish a consistent system of reporting standards
for fiscal control and fund accounting for all
contract and grant schools. Such standards
shall provide data comparable to those used by
Bureau-operated schools.
(c) Annual plan
(1) In general
Except as provided in subsection (b) of this
section, the Secretary shall implement the
standards in effect under this section 1 on the
day before January 8, 2002.
(2) Plan
On an annual basis, the Secretary shall submit to the appropriate committees of Congress, all Bureau-funded schools, and the tribal governing bodies of such schools a detailed
plan to ensure that all Bureau-funded schools
are accredited, or if such schools are in the
process of obtaining accreditation that such
schools meet the Bureau standards in effect on
the day before January 8, 2002, to the extent
that such standards do not conflict with the
standards of the accrediting agency. Such plan
shall include detailed information on the
status of each school’s educational program in
relation to the applicable standards, specific
cost estimates for meeting such standards at
each school, and specific timelines for bringing each school up to the level required by
such standards.
(d) Closure or consolidation of schools
(1) In general
Except as specifically required by law—
(A) no Bureau-funded school or dormitory
operated on or after January 1, 1992, may be

§ 2001

closed, consolidated, or transferred to another authority; and
(B) no program of such a school may be
substantially curtailed except in accordance
with the requirements of this subsection.
(2) Exceptions
This subsection (other than this paragraph)
shall not apply—
(A) in those cases in which the tribal governing body for a school, or the local school
board concerned (if designated by the tribal
governing body to act under this paragraph),
requests the closure, consolidation, or substantial curtailment; or
(B) if a temporary closure, consolidation,
or substantial curtailment is required by facility conditions that constitute an immediate hazard to health and safety.
(3) Regulations
The Secretary shall, by regulation, promulgate standards and procedures for the closure,
transfer to another authority, consolidation,
or substantial curtailment of Bureau schools,
in accordance with the requirements of this
subsection.
(4) Notice
(A) In general
In a case in which closure, transfer to another authority, 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 immediately in writing, kept
fully and currently informed, and afforded
an opportunity to comment with respect to
such consideration or review.
(B) Decision to close
If a formal decision is made to close,
transfer to another authority, consolidate,
or substantially curtail a school, the affected tribe, tribal governing body, and designated school board shall be notified not
later than 180 days before the end of the
school year preceding the proposed closure
date.
(C) Copies
Copies of any such notices and information
shall be—
(i) submitted promptly to the appropriate committees of Congress; and
(ii) published in the Federal Register.
(5) Report
The Secretary shall submit to the appropriate committees of Congress, the affected
tribe, and the designated school board, a report describing the process of the active consideration or review referred to in paragraph
(4) that includes—
(A) a study of the impact of such action on
the student population;
(B) a description of those students with
particular educational and social needs;
(C) recommendations to ensure that alternative services are available to such students; and

§ 2001

TITLE 25—INDIANS

(D) a description of the consultation conducted between the potential service provider, current service provider, parents, tribal representatives and the tribe or tribes involved, and the Director of the Office of Indian Education Programs within the Bureau
regarding such students.
(6) Limitation on certain actions
No irrevocable action may be taken in furtherance of any such proposed school closure,
transfer to another authority, consolidation,
or substantial curtailment (including any action which would prejudice the personnel or
programs of such school) prior to the end of
the first full academic year after such report
is made.
(7) Approval of Indian tribes
The Secretary shall not terminate, close,
consolidate, contract, transfer to another authority, or take any other action relating to
an elementary school or secondary school (or
any program of such a school) of an Indian
tribe without the approval of the governing
body of any Indian tribe that would be affected by such an action.
(e) Application for contracts or grants for nonBureau-funded schools or expansion of Bureau-funded schools
(1) Review by Secretary
(A) Consideration of factors
(i) In general
The Secretary shall consider only the
factors described in subparagraph (B) in
reviewing—
(I) applications from any tribe for the
awarding of a contract or grant for a
school that is not a Bureau-funded
school; and
(II) applications from any tribe or
school board of any Bureau-funded
school for—
(aa) a school which is not a Bureaufunded school; or
(bb) the expansion of a Bureau-funded school which would increase the
amount of funds received by the Indian
tribe or school board under section 2007
of this title.
(ii) No denial based on geographic proximity
With respect to applications described in
this subparagraph, the Secretary shall give
consideration to all factors described in
subparagraph (B), but no such application
shall be denied based primarily upon the
geographic proximity of comparable public
education.
(B) Factors
With respect to applications described in
subparagraph (A), the Secretary shall consider the following factors relating to the
program and services that are the subject of
the application:
(i) The adequacy of the facilities or the
potential to obtain or provide adequate facilities.
(ii) Geographic and demographic factors
in the affected areas.

Page 648

(iii) The adequacy of the applicant’s program plans or, in the case of a Bureaufunded school, of projected needs analysis
done either by the tribe or the Bureau.
(iv) Geographic proximity of comparable
public education.
(v) The stated needs of all affected parties, including students, families, tribal
governments at both the central and local
levels, and school organizations.
(vi) Adequacy and comparability of programs already available.
(vii) Consistency of available programs
with tribal educational codes or tribal legislation on education.
(viii) The history and success of those
services for the proposed population to be
served, as determined from all factors, including standardized examination performance.
(2) Determination on application
(A) In general
Not later than 180 days after the date on
which an application described in paragraph
(1)(A) is submitted to the Secretary, the Secretary shall make a determination of whether to approve the application.
(B) Failure to make determination
If the Secretary fails to make a determination with respect to an application by the
date described in subparagraph (A), the application shall be deemed to have been approved by the Secretary.
(3) Requirements for applications
(A) In general
Notwithstanding paragraph (2)(B), an application described in paragraph (1)(A) may
be approved by the Secretary only if—
(i) the application has been approved by
the tribal governing body of the students
served by (or to be served by) the school or
program that is the subject of the application; and
(ii) written evidence of such approval is
submitted with the application.
(B) Included information
Each application described in paragraph
(1)(A) shall include information concerning
each of the factors described in paragraph
(1)(B).
(4) Denial of applications
If the Secretary denies an application described in paragraph (1)(A), the Secretary
shall—
(A) state the objections to the application
in writing to the applicant not later than 180
days after the date the application is submitted to the Secretary;
(B) provide assistance to the applicant to
overcome the stated objections;
(C) provide to the applicant a hearing on
the record regarding the denial, under the
same rules and regulations as apply under
the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.];
and
(D) provide to the applicant a notice of the
applicant’s appeals rights and an oppor-

Page 649

§ 2001

TITLE 25—INDIANS

tunity to appeal the decision resulting from
the hearing under subparagraph (D).
(5) Effective date of a subject application
(A) In general
Except as otherwise provided in this paragraph, an action that is the subject of any
application described in paragraph (1)(A)
that is approved by the Secretary shall become effective—
(i) at the beginning of the academic year
following the fiscal year in which the application is approved; or
(ii) at an earlier date determined by the
Secretary.
(B) Applications deemed approved
If an application is deemed to have been
approved by the Secretary under paragraph
(2)(B), the action that is the subject of the
application shall become effective—
(i) on the date that is 18 months after
the date on which the application is submitted to the Secretary; or
(ii) at an earlier date determined by the
Secretary.
(6) Statutory construction
Nothing in this section or any other provision of law, shall be construed to preclude the
expansion of grades and related facilities at a
Bureau-funded school, if such expansion is
paid for with non-Bureau funds. Subject to the
availability of appropriated funds the Secretary is authorized to provide the necessary
funds needed to supplement the cost of operations and maintenance of such expansion.
(f) Joint administration
Administrative, transportation, and program
cost funds received by Bureau-funded schools,
and any program from the Department of Education or any other Federal agency for the purpose of providing education or related services,
and other funds received for such education and
related services from nonfederally funded programs, shall be apportioned and the funds shall
be retained at the school.
(g) General use of funds
Funds received by Bureau-funded schools from
the Bureau of Indian Affairs, and under any program from the Department of Education or any
other Federal agency, for the purpose of providing education or related services may be used
for schoolwide projects to improve the educational program for all Indian students.
(h) Study on adequacy of funds and formulas
(1) Study
The Comptroller General of the United
States shall conduct a study to determine the
adequacy of funding, and formulas used by the
Bureau to determine funding, for programs operated by Bureau-funded schools, taking into
account unique circumstances applicable to
Bureau-funded schools. The study shall analyze existing information gathered and contained in germane studies that have been conducted or are currently being conducted with
regard to Bureau-funded schools.
(2) Action
Upon completion of the study, the Secretary
of the Interior shall take such action as nec-

essary to ensure distribution of the findings of
the study to all affected Indian tribes, local
school boards, and associations of local school
boards.
(Pub. L. 95–561, title XI, § 1121, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2007;
amended Pub. L. 109–54, title I, § 127, Aug. 2, 2005,
119 Stat. 525.)
REFERENCES IN TEXT
This section, referred to in subsec. (b)(4) and the second place appearing in subsec. (c)(1), mean section 1121
of Pub. L. 95–561, prior to the general amendment of
this chapter by Pub. L. 107–110. See Prior Provisions
notes below.
The Indian Self-Determination Act, referred to in
subsec. (b)(8)(D) to (F), is title I of Pub. L. 93–638, Jan.
4, 1975, 88 Stat. 2206, as amended, which is classified
principally to part A (§ 450f et seq.) of subchapter II of
chapter 14 of this title. For complete classification of
this Act to the Code, see Short Title note set out under
section 450 of this title and Tables.
The Tribally Controlled Schools Act of 1988, referred
to in subsec. (b)(8)(D) to (F), is part B (§§ 5201–5212) of
title V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, as
amended, which is classified generally to chapter 27
(§ 2501 et seq.) of this title. Sections 5204 and 5207 of the
Act were classified to sections 2503 and 2506, respectively, of this title, prior to repeal by Pub. L. 107–110,
title X, § 1043, Jan. 8, 2002, 115 Stat. 2063. Pub. L. 107–110
enacted new sections 5204 and 5207 which are classified
to sections 2503 and 2506, respectively, of this title. Pub.
L. 107–110 enacted new sections 5203 and 5206 of Pub. L.
100–297, relating to subject matter similar to that of
former sections 5204 and 5207, respectively, which are
classified to sections 2502 and 2505, respectively, of this
title. For complete classification of this Act to the
Code, see Short Title note set out under section 2501 of
this title and Tables.
The Indian Self-Determination and Education Assistance Act referred to in subsec. (e)(4)(C), is Pub. L.
93–638, Jan. 4, 1975, 88 Stat. 2203, as amended, which is
classified principally to subchapter II (§ 450 et seq.) of
chapter 14 of this title. For complete classification of
this Act to the Code, see Short Title note set out under
section 450 of this title and Tables.
PRIOR PROVISIONS
A prior section 2001, Pub. L. 95–561, title XI, § 1121, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 3979; amended Pub. L. 104–134, title I, § 101(d) [title
VII, § 703(d)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–255; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110
Stat. 1327; Pub. L. 105–362, title VIII, § 801(c)(1), Nov. 10,
1998, 112 Stat. 3287, related to standards for basic education of Indian children in Bureau of Indian Affairs
schools, prior to the general amendment of this chapter
by Pub. L. 107–110.
Another prior section 2001, Pub. L. 95–561, title XI,
§ 1121, Nov. 1, 1978, 92 Stat. 2316; Pub. L. 96–46,
§ 2(b)(2)–(4), Aug. 6, 1979, 93 Stat. 341; Pub. L. 96–88, title
III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692;
Pub. L. 98–511, title V, § 502, Oct. 19, 1984, 98 Stat. 2391;
Pub. L. 99–89, § 2, Aug. 15, 1985, 99 Stat. 379; Pub. L.
99–570, title IV, § 4133(b)(3), Oct. 27, 1986, 100 Stat.
3207–134; Pub. L. 100–297, title V, §§ 5102, 5104, Apr. 28,
1988, 102 Stat. 363, 365; Pub. L. 100–427, § 1(a), (b), Sept.
9, 1988, 102 Stat. 1603; Pub. L. 102–531, title III, § 312(b),
Oct. 27, 1992, 106 Stat. 3504, related to standards for
basic education of Indian children in Bureau or contract schools, prior to the general amendment of this
chapter by Pub. L. 103–382.
AMENDMENTS
2005—Subsec. (d)(7). Pub. L. 109–54 added par. (7) and
struck out heading and text of former par. (7). Text
read as follows: ‘‘The Secretary may, with the approval
of the tribal governing body, terminate, contract,

§ 2002

TITLE 25—INDIANS

transfer to any other authority, consolidate, or substantially curtail the operation or facilities of—
‘‘(A) any Bureau-funded school that is operated on
or after January 1, 1999;
‘‘(B) any program of such a school that is operated
on or after January 1, 1999; or
‘‘(C) any school board of a school operated under a
grant under the Tribally Controlled Schools Act of
1988.’’
CHANGE OF NAME
Committee on Education and the Workforce of House
of Representatives changed to Committee on Education
and Labor of House of Representatives and Committee
on Resources of House of Representatives changed to
Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred
Tenth Congress, Jan. 5, 2007.

§ 2002. National criteria for home-living situations
(a) Revision of standards
(1) In general
The Secretary, in consultation with the Secretary of Education, Indian organizations and
tribes, and Bureau-funded schools, shall revise
the national standards for home-living (dormitory) situations to include such factors as
heating, lighting, cooling, adult-child ratios,
needs for counselors (including special needs
related to off-reservation home-living (dormitory) situations), therapeutic programs,
space, and privacy.
(2) Implementation
Such standards shall be implemented in Bureau-operated schools, and shall serve as minimum standards for contract or grant schools.
(3) Revision after establishment
Once established, any revisions of such
standards shall be developed according to the
requirements established under section 2017 of
this title.
(b) Implementation
The Secretary shall implement the revised
standards established under this section immediately upon completion of the standards.
(c) Plan
(1) In general
The Secretary shall submit to the appropriate committees of Congress, the tribes, and
the affected schools, and publish in the Federal Register, a detailed plan to bring all Bureau-funded schools that provide home-living
(dormitory) situations up to the standards established under this section.
(2) Components of plan
The plan described in paragraph (1) shall include—
(A) a statement of the relative needs of
each Bureau-funded home-living (dormitory)
school;
(B) projected future needs of each Bureaufunded home-living (dormitory) school;
(C) detailed information on the status of
each school in relation to the standards established under this section;
(D) specific cost estimates for meeting
each standard for each such school;

Page 650

(E) aggregate cost estimates for bringing
all such schools into compliance with the
criteria established under this section; and
(F) specific timelines for bringing each
school into compliance with such standards.
(d) Waiver
(1) In general
A tribal governing body or local school
board may, in accordance with this subsection, waive the standards established under
this section for a school described in subsection (a) of this section.
(2) Inappropriate standards
(A) In general
A tribal governing body, or the local
school board so designated by the tribal governing body, may waive, in whole or in part,
the standards established under this section
if such standards are determined by such
body or board to be inappropriate for the
needs of students from that tribe.
(B) Alternative standards
The tribal governing body or school board
involved shall, not later than 60 days after
providing a waiver under subparagraph (A)
for a school, submit to the Director a proposal for alternative standards that take
into account the specific needs of the tribe’s
children. Such alternative standards shall be
established by the Director for the school involved unless specifically rejected by the Director for good cause and in writing provided
to the affected tribes or local school board.
(e) Closure for failure to meet standards prohibited
No school in operation on or before July 1, 1999
(regardless of compliance or noncompliance
with the standards established under this section), may be closed, transferred to another authority, or consolidated, and no program of such
a school may be substantially curtailed, because
the school failed to meet such standards.
(Pub. L. 95–561, title XI, § 1122, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2018.)
PRIOR PROVISIONS
A prior section 2002, Pub. L. 95–561, title XI, § 1122, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 3984; amended Pub. L. 105–362, title VIII, § 801(c)(2),
Nov. 10, 1998, 112 Stat. 3288, related to national criteria
for dormitory situations, prior to the general amendment of this chapter by Pub. L. 107–110.
Another prior section 2002, Pub. L. 95–561, title XI,
§ 1122, Nov. 1, 1978, 92 Stat. 2318; Pub. L. 96–46, § 2(b)(5),
Aug. 6, 1979, 93 Stat. 341; Pub. L. 96–88, title III,
§ 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692;
Pub. L. 100–297, title V, § 5105, Apr. 28, 1988, 102 Stat. 367,
related to national criteria for dormitory situations,
prior to the general amendment of this chapter by Pub.
L. 103–382.

§ 2003. Codification of regulations
(a) Part 32 of Title 25, Code of Federal Regulations
The provisions of part 32 of title 25, Code of
Federal Regulations, as in effect on January 1,
1987, are incorporated into this Act and shall be
treated as though such provisions are set forth

Page 651

§ 2004

TITLE 25—INDIANS

in this subsection. Such provisions may be altered only by means of an Act of Congress. To
the extent that such provisions of part 32 do not
conform with this Act or any statutory provision of law enacted before November 1, 1978, the
provisions of this Act and the provisions of such
other statutory law shall govern.
(b) Definition of regulation
In this section, the term ‘‘regulation’’ means
any rule, regulation, guideline, interpretation,
order, or requirement of general applicability
prescribed by any officer or employee of the executive branch.
(Pub. L. 95–561, title XI, § 1123, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2019.)
REFERENCES IN TEXT
This Act, referred to in subsec. (a), means Pub. L.
95–561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as
the Education Amendments of 1978. For complete classification of this Act to the Code, see Short Title of
1978 Amendment note set out under section 6301 of Title
20, Education, and Tables.
PRIOR PROVISIONS
A prior section 2003, Pub. L. 95–561, title XI, § 1123, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 3985, related to the incorporation of regulations
into, or the application of regulations to, Pub. L.
95–561, prior to the general amendment of this chapter
by Pub. L. 107–110.
Another prior section 2003, Pub. L. 95–561, title XI,
§ 1123, Nov. 1, 1978, 92 Stat. 2319; Pub. L. 100–297, title V,
§ 5106, Apr. 28, 1988, 102 Stat. 367, related to the incorporation of regulations into, or the application of regulations to, Pub. L. 95–561, prior to the general amendment
of this chapter by Pub. L. 103–382.

§ 2004. School boundaries
(a) Establishment by Secretary
The Secretary shall establish, by regulation,
separate geographical attendance areas for each
Bureau-funded school.
(b) Establishment by tribal body
In any case where there is more than one Bureau-funded school located on an Indian reservation, at the direction of the tribal governing
body, the relevant school boards of the Bureaufunded schools on the reservation may, by mutual consent, establish the relevant attendance
areas for such schools, subject to the approval of
the tribal governing body. Any such boundaries
so established shall be accepted by the Secretary.
(c) Boundary revisions
(1) Notice
On or after July 1, 2001, no geographical attendance area shall be revised or established
with respect to any Bureau-funded school unless the tribal governing body or the local
school board concerned (if so designated by
the tribal governing body) has been afforded—
(A) at least 6 months notice of the intention of the Bureau to revise or establish such
attendance area; and
(B) the opportunity to propose alternative
boundaries.
(2) Revision process
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 Secretary 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.
The Secretary shall cause such revisions to be
published in the Federal Register.
(3) Tribal resolution determination
Nothing in this section shall deny a tribal
governing body the authority, on a continuing
basis, to adopt a tribal resolution allowing
parents the choice of the Bureau-funded school
their children may attend, regardless of the
attendance boundaries established under this
section.
(d) Funding restrictions
(1) In general
The Secretary shall not deny funding to a
Bureau-funded school for any eligible Indian
student attending the school solely because
that student’s home or domicile is outside of
the geographical attendance area established
for that school under this section.
(2) Transportation
No funding shall be made available without
tribal authorization to enable a school to provide transportation for any student to or from
the school and a location outside the approved
attendance area of the school.
(e) Reservation as boundary
When there is only one Bureau-funded program located on an Indian reservation—
(1) the attendance area for the program shall
be the boundaries (established by treaty,
agreement, legislation, court decisions, or executive decisions and as accepted by the tribe)
of the reservation served; and
(2) those students residing near the reservation shall also receive services from such program.
(f)
Off-reservation
home-living
(dormitory)
schools
(1) In general
Notwithstanding any geographical attendance areas, attendance at off-reservation
home-living (dormitory) schools shall include
students requiring special emphasis programs
to be implemented at each off-reservation
home-living (dormitory) school.
(2) Coordination
Such attendance shall be coordinated between education line officers, the family, and
the referring and receiving programs.
(Pub. L. 95–561, title XI, § 1124, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2019.)
PRIOR PROVISIONS
A prior section 2004, Pub. L. 95–561, title XI, § 1124, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 3986, related to school boundaries, prior to the
general amendment of this chapter by Pub. L. 107–110.
Another prior section 2004, Pub. L. 95–561, title XI,
§ 1124, Nov. 1, 1978, 92 Stat. 2319; Pub. L. 98–511, title V,
§ 503, Oct. 19, 1984, 98 Stat. 2393; Pub. L. 99–89, § 3, Aug.
15, 1985, 99 Stat. 380; Pub. L. 100–297, title V, § 5120, Apr.

§ 2005

TITLE 25—INDIANS

28, 1988, 102 Stat. 384, related to school boundaries, prior
to the general amendment of this chapter by Pub. L.
103–382.

§ 2005. Facilities construction
(a) National survey of facilities conditions
(1) In general
Not later than 12 months after January 8,
2002, the Government Accountability Office
shall compile, collect, and secure the data
that are needed to prepare a national survey of
the physical conditions of all Bureau-funded
school facilities.
(2) Data and methodologies
In preparing the national survey required
under paragraph (1), the Government Accountability Office shall use the following data and
methodologies:
(A) The existing Department of Defense
formula for determining the condition and
adequacy of Department of Defense facilities.
(B) Data related to conditions of Bureaufunded schools that has previously been
compiled, collected, or secured from whatever source derived so long as the data are
accurate, relevant, timely, and necessary to
the survey.
(C) The methodologies of the American Institute of Architects, or other accredited
and reputable architecture or engineering
associations.
(3) Consultations
(A) In general
In carrying out the survey required under
paragraph (1), the Government Accountability Office shall, to the maximum extent
practicable, consult (and if necessary contract) with national, regional, and tribal Indian education organizations to ensure that
a complete and accurate national survey is
achieved.
(B) Requests for information
All Bureau-funded schools shall comply
with reasonable requests for information by
the Government Accountability Office and
shall respond to such requests in a timely
fashion.
(4) Submission
Not later than 2 years after January 8, 2002,
the Government Accountability Office shall
submit the results of the national survey conducted under paragraph (1) to the Committee
on Indian Affairs, the Committee on Health,
Education, Labor, and Pensions, and the Committee on Appropriations of the Senate and
the Committee on Resources, the Committee
on Education and the Workforce, and the Committee on Appropriations of the House of Representatives and to the Secretary. The Secretary shall submit the results of the national
survey to school boards of Bureau-funded
schools and their respective tribes.
(5) Negotiated rulemaking committee
(A) In general
Not later than 6 months after the date on
which the submission is made under para-

Page 652

graph (4), the Secretary shall establish a negotiated rulemaking committee pursuant to
section 2018(b)(3) of this title. The negotiated rulemaking committee shall prepare
and submit to the Secretary the following:
(i) A catalog of the condition of school
facilities at all Bureau-funded schools
that—
(I) incorporates the findings from the
Government Accountability Office study
evaluating and comparing school systems of the Department of Defense and
the Bureau of Indian Affairs;
(II) rates such facilities with respect to
the rate of deterioration and useful life
of structures and major systems;
(III) establishes a routine maintenance
schedule for each facility;
(IV) identifies the complementary educational facilities that do not exist but
that are needed; and
(V) makes projections on the amount
of funds needed to keep each school viable, consistent with the accreditation
standards required pursuant to this Act.
(ii) A school replacement and new construction report that determines replacement and new construction need, and a
formula for the equitable distribution of
funds to address such need, for Bureaufunded schools. Such formula shall utilize
necessary factors in determining an equitable distribution of funds, including—
(I) the size of school;
(II) school enrollment;
(III) the age of the school;
(IV) the condition of the school;
(V) environmental factors at the
school; and
(VI) school isolation.
(iii) A renovation repairs report that determines renovation need (major and
minor), and a formula for the equitable
distribution of funds to address such need,
for Bureau-funded schools. Such report
shall identify needed repairs or renovations with respect to a facility, or a part of
a facility, or the grounds of the facility, to
remedy a need based on disabilities access
or health and safety changes to a facility.
The formula developed shall utilize necessary factors in determining an equitable
distribution of funds, including the factors
described in clause (ii).
(B) Submission of reports
Not later than 24 months after the negotiated rulemaking committee is established
under subparagraph (A), the reports described in clauses (ii) and (iii) of subparagraph (A) shall be submitted to the committees of Congress referred to in paragraph (4),
the national and regional Indian education
organizations, and to all school boards of
Bureau-funded schools and their respective
tribes.
(6) Facilities information systems support
database
The Secretary shall develop a Facilities Information Systems Support Database to main-

Page 653

TITLE 25—INDIANS

tain and update the information contained in
the reports under clauses (ii) and (iii) of paragraph (5)(A) and the information contained in
the survey conducted under paragraph (1). The
system shall be updated every 3 years by the
Bureau of Indian Affairs and monitored by
Government Accountability Office, and shall
be made available to school boards of Bureaufunded schools and their respective tribes, and
Congress.
(b) Compliance with health and safety standards
(1) In general
The Secretary shall immediately begin to
bring all schools, dormitories, and other Indian education-related facilities operated by
the Bureau or under contract or grant with
the Bureau, into compliance with—
(A) all applicable tribal, Federal, or State
health and safety standards, whichever provides greater protection (except that the
tribal standards to be applied shall be no
greater than any otherwise applicable Federal or State standards);
(B) section 794 of title 29; and
(C) the Americans with Disabilities Act of
1990 [42 U.S.C. 12101 et seq.].
(2) No termination required
Nothing in this subsection requires termination of the operations of any facility that—
(A) does not comply with the provisions
and standards described in paragraph (1); and
(B) is in use on January 8, 2002.
(c) Compliance plan
At the time that the annual budget request for
Bureau educational services is presented, the
Secretary shall submit to the appropriate committees of Congress a detailed plan to bring all
facilities covered under subsection (a) of this
section into compliance with the standards referred to in that subsection that includes—
(1) detailed information on the status of
each facility’s compliance with such standards;
(2) specific cost estimates for meeting such
standards at each school; and
(3) specific timelines for bringing each
school into compliance with such standards.
(d) Construction priorities
(1) System to establish priorities
On an annual basis, the Secretary shall submit to the appropriate committees of Congress
and cause to be published in the Federal Register, the system used to establish priorities
for replacement and construction projects for
Bureau-funded
schools
and
home-living
schools, including boarding schools and dormitories. At the time any budget request for
education is presented, the Secretary shall
publish in the Federal Register and submit
with the budget request the current list of all
Bureau-funded school construction priorities.
(2) Long-term construction and replacement
list
In addition to the plan submitted under subsection (c) of this section, the Secretary
shall—
(A) not later than 18 months after January
8, 2002, establish a long-term construction

§ 2005

and replacement list for all Bureau-funded
schools;
(B) using the list prepared under subparagraph (A), propose a list for the orderly replacement of all Bureau-funded educationrelated facilities over a period of 40 years to
enable planning and scheduling of budget requests;
(C) cause the list prepared under subparagraph (B) to be published in the Federal Register and allow a period of not less than 120
days for public comment;
(D) make such revisions to the list prepared under subparagraph (B) as are appropriate based on the comments received; and
(E) cause the final list to be published in
the Federal Register.
(3) Effect on other list
Nothing in this section shall interfere with
or change in any way the construction priority list as it existed on the day before January
8, 2002.
(e) Hazardous condition at Bureau-funded school
(1) Closure, consolidation, or curtailment
(A) In general
A Bureau-funded school may be closed or
consolidated, or the programs of a Bureaufunded school may be substantially curtailed, by reason of facility conditions that
constitute an immediate hazard to health
and safety only if a health and safety officer
of the Bureau and an individual designated
at the beginning of the school year by the
tribe involved under subparagraph (B) determine that such conditions exist at a facility
of the Bureau-funded school.
(B) Designation of individual by tribe
To be designated by a tribe for purposes of
subparagraph (A), an individual shall—
(i) be a licensed or certified facilities
safety inspector;
(ii) have demonstrated experience in the
inspection of facilities for health and safety purposes with respect to occupancy; or
(iii) have a significant educational background in the health and safety of facilities with respect to occupancy.
(C) Inspection
After making a determination described in
subparagraph (A), the Bureau health and
safety officer and the individual designated
by the tribe shall conduct an inspection of
the conditions of such facility in order to determine whether conditions at such facility
constitute an immediate hazard to health
and safety. Such inspection shall be completed as expeditiously as practicable, but
not later than 20 days after the date on
which the action described in subparagraph
(A) is taken.
(D) Failure to concur
If the Bureau health and safety officer, and
the individual designated by the tribe, conducting the inspection of a facility required
under subparagraph (C) do not concur that
conditions at the facility constitute an immediate hazard to health and safety, such of-

§ 2005

TITLE 25—INDIANS

ficer and individual shall immediately notify the tribal governing body and provide
written information related to their determinations.
(E) Consideration by tribal governing body
Not later than 10 days after a tribal governing body receives notice under subparagraph (D), the tribal governing body shall
consider all information relating to the determinations of the Bureau health and safety officer and the individual designated by
the tribe and make a determination regarding the closure, consolidation, or curtailment involved.
(F) Agreement to close, consolidate, or curtail
(i) In general
If the Bureau health and safety officer
and the individual designated by the tribe
conducting the inspection of a facility required under subparagraph (C), concur that
conditions at the facility constitute an immediate hazard to health and safety, or if
the tribal governing body makes such a determination under subparagraph (E), the
facility involved shall be closed immediately.
(ii) Reopening of facility if no immediate
hazard found to exist
If the Bureau health and safety officer or
the individual designated by the tribe conducting the inspection of a facility required under subparagraph (C) determines
that conditions at the facility do not constitute an immediate hazard to health and
safety, any consolidation or curtailment
that was made under this paragraph shall
immediately cease and any school closed
by reason of conditions at the facility
shall be reopened immediately.
(G) General closure report
If a Bureau-funded school is temporarily
closed or consolidated or the programs of a
Bureau-funded school are temporarily substantially curtailed under this subsection
and the Secretary determines that the closure, consolidation, or curtailment will exceed 1 year, the Secretary shall submit to
the appropriate committees of Congress, the
affected tribe, and the local school board,
not later than 90 days after the date on
which the closure, consolidation, or curtailment was initiated, a report that specifies—
(i) the reasons for such temporary action;
(ii) the actions the Secretary is taking
to eliminate the conditions that constitute the hazard;
(iii) an estimated date by which the actions described in clause (ii) will be concluded; and
(iv) a plan for providing alternate education services for students enrolled at the
school that is to be closed.
(2) Nonapplication of certain standards for
temporary facility use
(A) Classroom activities
The Secretary shall permit the local
school board to temporarily utilize facilities

Page 654

adjacent to the school, or satellite facilities,
if such facilities are suitable for conducting
classroom activities. In permitting the use
of facilities under the preceding sentence,
the Secretary may waive applicable minor
standards under section 2001 of this title relating to such facilities (such as the required
number of exit lights or configuration of
restrooms) so long as such waivers do not result in the creation of an environment that
constitutes an immediate and substantial
threat to the health, safety, and life of students and staff.
(B) Administrative activities
The provisions of subparagraph (A) shall
apply with respect to administrative personnel if the facilities involved are suitable for
activities performed by such personnel.
(C) Temporary
In this paragraph, the term ‘‘temporary’’
means—
(i) with respect to a school that is to be
closed for not more than 1 year, 3 months
or less; and
(ii) with respect to a school that is to be
closed for not less than 1 year, a time period determined appropriate by the Bureau.
(3) Treatment of closure
Any closure of a Bureau-funded school under
this subsection for a period that exceeds 30
days but is less than 1 year, shall be treated by
the Bureau as an emergency facility improvement and repair project.
(4) Use of funds
With respect to a Bureau-funded school that
is closed under this subsection, the tribal governing body, or the designated local school
board of each Bureau-funded school, involved
may authorize the use of funds allocated pursuant to section 2007 of this title, to abate the
hazardous conditions without further action
by Congress.
(f) Funding requirement
(1) Distribution of funds
Beginning with the first fiscal year following January 8, 2002, all funds appropriated to
the budget accounts for the operations and
maintenance of Bureau-funded schools shall be
distributed by formula to the schools. No
funds from these accounts may be retained or
segregated by the Bureau to pay for administrative or other costs of any facilities branch
or office, at any level of the Bureau.
(2) Requirements for certain uses
No funds shall be withheld from the distribution to the budget of any school operated
under contract or grant by the Bureau for
maintenance or any other facilities or road-related purpose, unless such school has consented, as a modification to the contract or in
writing for grants schools, to the withholding
of such funds, including the amount thereof,
the purpose for which the funds will be used,
and the timeline for the services to be provided. The school may, at the end of any fiscal
year, cancel an agreement under this para-

Page 655

TITLE 25—INDIANS

graph upon giving the Bureau 30 days notice of
its intent to do so.
(g) No reduction in Federal funding
Nothing in this section shall diminish any
Federal funding due to the receipt by the school
of funding for facilities improvement or construction from a State or any other source.
(Pub. L. 95–561, title XI, § 1125, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2021;
amended Pub. L. 108–271, § 8(b), July 7, 2004, 118
Stat. 814.)
REFERENCES IN TEXT
This Act, referred to in subsec. (a)(5)(A)(i)(V), means
Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143, as amended,
known as the Education Amendments of 1978. For complete classification of this Act to the Code, see Short
Title of 1978 Amendment note set out under section 6301
of Title 20, Education, and Tables.
The Americans with Disabilities Act of 1990, referred
to in subsec. (b)(1)(C), is Pub. L. 101–336, July 26, 1990,
104 Stat. 327, as amended which is classified principally
to chapter 126 (§ 12101 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
PRIOR PROVISIONS
A prior section 2005, Pub. L. 95–561, title XI, § 1125, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 3986, related to facilities construction, prior to
the general amendment of this chapter by Pub. L.
107–110.
Another prior section 2005, Pub. L. 95–561, title XI,
§ 1125, Nov. 1, 1978, 92 Stat. 2319; Pub. L. 100–297, title V,
§ 5103, Apr. 28, 1988, 102 Stat. 364, related to facilities
construction, prior to the general amendment of this
chapter by Pub. L. 103–382.
AMENDMENTS
2004—Subsec. (a). Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Accounting
Office’’ wherever appearing.
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives and Committee on Education and
the Workforce of House of Representatives changed to
Committee on Education and Labor of House of Representatives by House Resolution No. 6, One Hundred
Tenth Congress, Jan. 5, 2007.
USE OF TRIBAL PRIORITY ALLOCATIONS FUNDS FOR
SCHOOL FACILITIES
Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998,
112 Stat. 2681–231, 2681–246, provided in part: ‘‘That hereafter tribes may use tribal priority allocations funds
for the replacement and repair of school facilities in
compliance with [former] 25 U.S.C. 2005(a) [see now 25
U.S.C. 2005(b)], so long as such replacement or repair is
approved by the Secretary and completed with nonFederal tribal and/or tribal priority allocation funds’’.

§ 2006. Bureau of Indian Affairs education functions
(a) Formulation and establishment of policy and
procedure; supervision of programs and expenditures
The Secretary shall vest in the Assistant Secretary for Indian Affairs all functions with respect to formulation and establishment of policy
and procedure and supervision of programs and
expenditures of Federal funds for the purpose of

§ 2006

Indian education administered by the Bureau.
The Assistant Secretary shall carry out such
functions through the Director of the Office of
Indian Education Programs.
(b) Direction and supervision of personnel operations
(1) In general
Not later than 180 days after January 8, 2002,
the Director of the Office shall direct and supervise the operations of all personnel directly
and substantially involved in the provision of
education program services by the Bureau, including school or institution custodial or
maintenance personnel, and personnel responsible for contracting, procurement, and finance functions connected with school operation programs.
(2) Transfers
The Assistant Secretary for Indian Affairs
shall, not later than 180 days after January 8,
2002, coordinate the transfer of functions relating to procurements for, contracts of, operation of, and maintenance of schools and other
support functions to the Director.
(c) Inherent Federal function
For purposes of this Act, all functions relating
to education that are located at the Area or
Agency level and performed by an education line
officer shall be subject to contract under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.], unless determined by the Secretary to be inherently Federal
functions as defined in section 2021(12) of this
title.
(d) Evaluation of programs; services and support
functions; technical and coordinating assistance
Education personnel who are under the direction and supervision of the Director of the Office
of Indian Education Programs in accordance
with subsection (b)(1) of this section shall—
(1) monitor and evaluate Bureau education
programs;
(2) provide all services and support functions
for education programs with respect to personnel matters involving staffing actions and
functions; and
(3) provide technical and coordinating assistance in areas such as procurement, contracting, budgeting, personnel, curriculum, and operation and maintenance of school facilities.
(e) Construction, improvement, operation, and
maintenance of facilities
(1) Plan for construction
The Assistant Secretary shall submit as part
of the annual budget a plan—
(A) for school facilities to be constructed
under section 2005(c) of this title;
(B) for establishing priorities among
projects and for the improvement and repair
of educational facilities, which together
shall form the basis for the distribution of
appropriated funds; and
(C) for capital improvements to be made
over the 5 succeeding years.
(2) Program for operation and maintenance
(A) Establishment
The Assistant Secretary shall establish a
program, including the distribution of ap-

§ 2007

TITLE 25—INDIANS

propriated funds, for the operation and
maintenance of education facilities. Such
program shall include—
(i) a method of computing the amount
necessary for each educational facility;
(ii) similar treatment of all Bureau-funded schools;
(iii) a notice of an allocation of appropriated funds from the Director of the Office of Indian Education Programs directly
to the education line officers and appropriate school officials;
(iv) a method for determining the need
for, and priority of, facilities repair and
maintenance projects, both major and
minor (to be determined, through the conduct by the Assistant Secretary, of a series
of meetings at the agency and area level
with representatives of the Bureau-funded
schools in those areas and 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 necessary maintenance has
been, or will be, provided in a reasonable
manner.
(3) Implementation
This subsection shall be implemented as
soon as practicable after January 8, 2002.
(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.

Page 656

(g) Definition of functions
For the purpose of this section, the term
‘‘functions’’ includes powers and duties.
(Pub. L. 95–561, title XI, § 1126, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2026.)
REFERENCES IN TEXT
This Act, referred to in subsec. (c), means Pub. L.
95–561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as
the Education Amendments of 1978. For complete classification of this Act to the Code, see Short Title of
1978 Amendment note set out under section 6301 of Title
20, Education, and Tables.
The Indian Self-Determination and Education Assistance Act, referred to in subsec. (c), is Pub. L. 93–638,
Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 450 of this title and Tables.
PRIOR PROVISIONS
A prior section 2006, Pub. L. 95–561, title XI, § 1126, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 3988, related to Bureau of Indian Affairs education
functions, prior to the general amendment of this chapter by Pub. L. 107–110.
Another prior section 2006, Pub. L. 95–561, title XI,
§ 1126, Nov. 1, 1978, 92 Stat. 2319; Pub. L. 96–46, § 2(b)(6),
Aug. 6, 1979, 93 Stat. 341; Pub. L. 98–511, title V, § 504,
Oct. 19, 1984, 98 Stat. 2393; Pub. L. 99–89, § 4, Aug. 15,
1985, 99 Stat. 381; Pub. L. 100–427, § 1(c)(3), Sept. 9, 1988,
102 Stat. 1603, related to Bureau of Indian Affairs education functions, prior to the general amendment of
this chapter by Pub. L. 103–382.

§ 2007. Allotment formula
(a) Factors considered; revision to reflect standards
(1) Formula
The Secretary shall establish, by regulation
adopted in accordance with section 2017 of this
title, a formula for determining the minimum
annual amount of funds necessary to sustain
each Bureau-funded school. In establishing
such formula, 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;
(iv) maintenance and repair costs associated with the physical condition of the
educational facilities;
(v) special transportation and other
costs of isolated and small schools;
(vi) the costs of home-living (dormitory)
arrangements, where determined necessary by a tribal governing body or designated school board;
(vii) costs associated with greater
lengths of service by education personnel;
(viii) the costs of therapeutic programs
for students 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;

Page 657

TITLE 25—INDIANS

(D) whether the available funding will enable the school involved to comply with the
accreditation standards applicable to the
school under section 2001 of this title; and
(E) such other relevant factors as the Secretary determines are appropriate.
(2) Revision of formula
(A) In general
Upon the establishment of the standards
required in section 2002 of this title, 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 necessary to increase the availability
of counseling and therapeutic 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 2002 of this title 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 provision of law,
Federal funds appropriated for the general local
operation of Bureau-funded schools shall be allotted pro rata in accordance with the formula
established under subsection (a) of this section.
(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) of this
section 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 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 fulltime basis,
in considering the number of eligible Indian
students served by the school.

§ 2007

(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 language 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 accordance
with the formula established under subsection (a) of this section 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 (notwithstanding any other provision of law) meeting expenses and the cost of
membership in, and support of, organizations 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 Bureaufunded schools, legal issues pertaining to
school boards, ethics, and other topics determined to be appropriate by the school
board.
(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.

§ 2008

TITLE 25—INDIANS

(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 unforeseen 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 2503(c)(2) 1 of this title).
(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 appropriations 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;
1 So

in original. Probably should be section ‘‘2502(c)(2)’’.

Page 658

(B) the school board consents;
(C) the student is a dependent of a Bureau,
Indian Health Service, or tribal government
employee who lives on or near the school
site; or
(D) tuition is paid for the student that is
not more than the tuition charged by the
nearest public school district for out-of-district students and shall be in addition to the
school’s allocation under this section.
(3) Attendance of non-Indian students at contract and grant schools
The school board of a contract or grant
school may permit students who are not eligible Indian students under this subsection to
attend its contract school or grant school.
Any tuition collected for those students shall
be in addition to funding received under this
section.
(h) Funds available without fiscal year limitation
Notwithstanding any other provision of law,
at the election of the school board of a Bureau
school made at any time during the fiscal year,
a portion equal to not more than 15 percent of
the funds allocated with respect to a school
under this section for any fiscal year shall remain available to the school for expenditure
without fiscal year limitation. The Assistant
Secretary shall take such steps as are necessary
to implement this subsection.
(i) Students at Richfield dormitory, Richfield,
Utah
(1) In general
Tuition for the instruction of each out-ofState Indian student in a home-living situation at the Richfield dormitory in Richfield,
Utah, who attends Sevier County high schools
in Richfield, Utah, for an academic year, shall
be paid from Indian school equalization program funds authorized in this section and section 2009 2 of this title, at a rate not to exceed
the weighted amount provided for under subsection (b) of this section for a student for
that year.
(2) No administrative cost funds
No additional administrative cost funds
shall be provided under this chapter to pay for
administrative costs relating to the instruction of the students.
(Pub. L. 95–561, title XI, § 1127, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2028.)
PRIOR PROVISIONS
A prior section 2007, Pub. L. 95–561, title XI, § 1127, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 3989, related to allotment formula, prior to the
general amendment of this chapter by Pub. L. 107–110.
Another prior section 2007, Pub. L. 95–561, title XI,
§ 1127, Nov. 1, 1978, 92 Stat. 2320, related to policies and
procedures for implementation of transferred administrative functions, prior to the general amendment of
this chapter by Pub. L. 103–382.

§ 2008. Administrative cost grants
(a) Definitions
In this section:
2 So

in original. Probably should be section ‘‘2010’’.

Page 659

TITLE 25—INDIANS

(1) Administrative cost
(A) In general
The term ‘‘administrative cost’’ means the
cost of necessary administrative functions
which—
(i) the tribe or tribal organization incurs
as a result of operating a tribal elementary or secondary educational program;
(ii) are not customarily paid by comparable Bureau-operated programs out of
direct program funds; and
(iii) are either—
(I) normally provided for comparable
Bureau programs by Federal officials
using resources other than Bureau direct
program funds; or
(II) are otherwise required of tribal
self-determination program operators by
law or prudent management practice.
(B) Inclusions
The term ‘‘administrative cost’’ may include—
(i) contract or grant (or other agreement) administration;
(ii) executive, policy, and corporate leadership and decisionmaking;
(iii) program planning, development, and
management;
(iv) fiscal, personnel, property, and procurement management;
(v) related office services and record
keeping; and
(vi) costs of necessary insurance, auditing, legal, safety and security services.
(2) Bureau elementary and secondary functions
The term ‘‘Bureau elementary and secondary functions’’ means—
(A) all functions funded at Bureau schools
by the Office;
(B) all programs—
(i) funds for which are appropriated to
other agencies of the Federal Government;
and
(ii) which are administered for the benefit of Indians through Bureau schools; and
(C) all operation, maintenance, and repair
funds for facilities and Government quarters
used in the operation or support of elementary and secondary education functions for
the benefit of Indians, from whatever source
derived.
(3) Direct cost base
(A) In general
Except as otherwise provided in subparagraph (B), the direct cost base of a tribe or
tribal organization for the fiscal year is the
aggregate direct cost program funding for
all tribal elementary or secondary educational programs operated by the tribe or
tribal organization during—
(i) the second fiscal year preceding such
fiscal year; or
(ii) if such programs have not been operated by the tribe or tribal organization
during the 2 preceding fiscal years, the
first fiscal year preceding such fiscal year.
(B) Functions not previously operated
In the case of Bureau elementary or secondary education functions which have not

§ 2008

previously been operated by a tribe or tribal
organization under contract, grant, or agreement with the Bureau, the direct cost base
for the initial year shall be the projected aggregate direct cost program funding for all
Bureau elementary and secondary functions
to be operated by the tribe or tribal organization during that fiscal year.
(4) Maximum base rate
The term ‘‘maximum base rate’’ means 50
percent.
(5) Minimum base rate
The term ‘‘minimum base rate’’ means 11
percent.
(6) Standard direct cost base
The term ‘‘standard direct cost base’’ means
$600,000.
(7) Tribal elementary or secondary educational
programs
The term ‘‘tribal elementary or secondary
educational programs’’ means all Bureau elementary and secondary functions, together
with any other Bureau programs or portions of
programs (excluding funds for social services
that are appropriated to agencies other than
the Bureau and are funded through the Bureau, funds for major subcontracts, construction, and other major capital expenditures,
and unexpended funds carried over from prior
years) which share common administrative
cost functions, that are operated directly by a
tribe or tribal organization under a contract,
grant, or agreement with the Bureau.
(b) Grants; effect upon appropriated amounts
(1) Grants
Subject to the availability of funds, the Secretary shall provide grants to each tribe or
tribal organization operating a contract
school or grant school in the amount determined under this section with respect to the
tribe or tribal organization for the purpose of
paying the administrative and indirect costs
incurred in operating contract or grant
schools, provided that no school operated as a
stand-alone institution shall receive less than
$200,000 per year for these purposes, in order
to—
(A) enable tribes and tribal organizations
operating such schools, without reducing direct program services to the beneficiaries of
the program, to provide all related administrative overhead services and operations
necessary to meet the requirements of law
and prudent management practice; and
(B) carry out other necessary support functions which would otherwise be provided by
the Secretary or other Federal officers or
employees, from resources other than direct
program funds, in support of comparable Bureau-operated programs.
(2) Effect upon appropriated amounts
Amounts appropriated to fund the grants
provided under this section shall be in addition to, and shall not reduce, the amounts appropriated for the program being administered
by the contract or grant school.

§ 2008

TITLE 25—INDIANS

(c) Determination of grant amount
(1) In general
The amount of the grant provided to each
tribe or tribal organization under this section
for each fiscal year shall be determined by applying the administrative cost percentage rate
of the tribe or tribal organization to the aggregate of the Bureau elementary and secondary functions operated by the tribe or tribal
organization for which funds are received from
or through the Bureau.
(2) Direct cost base funds
The Secretary shall—
(A) reduce the amount of the grant determined under paragraph (1) to the extent that
payments for administrative costs are actually received by an Indian tribe or tribal organization under any Federal education program included in the direct cost base of the
tribe or tribal organization; and
(B) take such actions as may be necessary
to be reimbursed by any other department or
agency of the Federal Government for the
portion of grants made under this section for
the costs of administering any program for
Indians that is funded by appropriations
made to such other department or agency.
(d) Administrative cost percentage rate
(1) In general
For purposes of this section, the administrative cost percentage rate for a contract or
grant school for a fiscal year is equal to the
percentage determined by dividing—
(A) the sum of—
(i) the amount equal to—
(I) the direct cost base of the tribe or
tribal organization for the fiscal year,
multiplied by
(II) the minimum base rate; plus
(ii) the amount equal to—
(I) the standard direct cost base; multiplied by
(II) the maximum base rate; by
(B) the sum of—
(i) the direct cost base of the tribe or
tribal organization for the fiscal year; plus
(ii) the standard direct cost base.
(2) Rounding
The administrative cost percentage rate
shall be determined to the 1⁄100 of a decimal
point.
(3) Applicability
The administrative cost percentage rate determined under this subsection shall not apply
to other programs operated by the tribe or
tribal organization.
(e) Combining funds
(1) In general
Funds received by a tribe or contract or
grant school as grants under this section for
tribal elementary or secondary educational
programs may be combined by the tribe or
contract or grant school into a single administrative cost account without the necessity of
maintaining separate funding source accounting.

Page 660

(2) Indirect cost funds
Indirect cost funds for programs at the
school which share common administrative
services with tribal elementary or secondary
educational programs may be included in the
administrative cost account described in paragraph (1).
(f) Availability of funds
Funds received as grants under this section
with respect to tribal elementary or secondary
education programs shall remain available to
the contract or grant school without fiscal year
limitation and without diminishing the amount
of any grants otherwise payable to the school
under this section for any fiscal year beginning
after the fiscal year for which the grant is provided.
(g) Treatment of funds
Funds received as grants under this section for
Bureau-funded programs operated by a tribe or
tribal organization under a contract or agreement shall not be taken into consideration for
purposes of indirect cost underrecovery and
overrecovery determinations by any Federal
agency for any other funds, from whatever
source derived.
(h) Treatment of entity operating other programs
In applying this section and section 106 of the
Indian Self-Determination and Education Assistance Act [25 U.S.C. 450j–1] with respect to an
Indian tribe or tribal organization that—
(1) receives funds under this section for administrative costs incurred in operating a contract or grant school or a school operated
under the Tribally Controlled Schools Act of
1988 [25 U.S.C. 2501 et seq.]; and
(2) operates one or more other programs
under a contract or grant provided under the
Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.],
the Secretary shall ensure that the Indian tribe
or tribal organization is provided with the full
amount of the administrative costs that are associated with operating the contract or grant
school, and of the indirect costs, that are associated with all of such other programs, except
that funds appropriated for implementation of
this section shall be used only to supply the
amount of the grant required to be provided by
this section.
(i) Studies for determination of factors affecting
costs; base rates limits; standard direct cost
base; report to Congress
(1) Studies
Not later than 120 days after January 8, 2002,
the Director of the Office of Indian Education
Programs shall—
(A) conduct such studies as may be needed
to establish an empirical basis for determining relevant factors substantially affecting
required administrative costs of tribal elementary and secondary education programs,
using the formula set forth in subsection (c)
of this section; and
(B) conduct a study to determine—
(i) a maximum base rate which ensures
that the amount of the grants provided

Page 661

TITLE 25—INDIANS

under this section will provide adequate
(but not excessive) funding of the administrative costs of the smallest tribal elementary or secondary educational programs;
(ii) a minimum base rate which ensures
that the amount of the grants provided
under this section will provide adequate
(but not excessive) funding of the administrative costs of the largest tribal elementary or secondary educational programs;
and
(iii) a standard direct cost base which is
the aggregate direct cost funding level for
which the percentage determined under
subsection (d) of this section will—
(I) be equal to the median between the
maximum base rate and the minimum
base rate; and
(II) ensure that the amount of the
grants provided under this section will
provide adequate (but not excessive)
funding of the administrative costs of
tribal elementary or secondary educational programs closest to the size of
the program.
(2) Guidelines
The studies required under paragraph (1)
shall—
(A) be conducted in full consultation (in
accordance with section 2011 of this title)
with—
(i) the tribes and tribal organizations
that are affected by the application of the
formula set forth in subsection (c) of this
section; and
(ii) all national and regional Indian organizations of which such tribes and tribal
organizations are typically members;
(B) be conducted onsite with a representative statistical sample of the tribal elementary or secondary educational programs
under a contract entered into with a nationally reputable public accounting and business consulting firm;
(C) take into account the availability of
skilled labor commodities, business and
automatic data processing services, related
Indian preference and Indian control of education requirements, and any other market
factors found to substantially affect the administrative costs and efficiency of each
such tribal elementary or secondary educational program studied in order to ensure
that all required administrative activities
can reasonably be delivered in a cost effective manner for each such program, given an
administrative cost allowance generated by
the values, percentages, or other factors
found in the studies to be relevant in such
formula;
(D) identify, and quantify in terms of percentages of direct program costs, any general factors arising from geographic isolation, or numbers of programs administered,
independent of program size factors used to
compute a base administrative cost percentage in such formula; and
(E) identify any other incremental cost
factors substantially affecting the costs of
required administrative cost functions at

§ 2008

any of the tribal elementary or secondary
educational programs studied and determine
whether the factors are of general applicability to other such programs, and (if so)
how the factors may effectively be incorporated into such formula.
(3) Consultation with Inspector General
In carrying out the studies required under
this subsection, the Director shall obtain the
input of, and afford an opportunity to participate to, the Inspector General of the Department of the Interior.
(4) Consideration of delivery of administrative
services
Determinations described in paragraph (2)(C)
shall be based on what is practicable at each
location studied, given prudent management
practice, irrespective of whether required administrative services were actually or fully
delivered at these sites, or whether other services were delivered instead, during the period
of the study.
(5) Report
Upon completion of the studies conducted
under paragraph (1), the Director shall submit
to Congress a report on the findings of the
studies, together with determinations based
upon such studies that would affect the definitions set forth under subsection (e) of this section that are used in the formula set forth in
subsection (c) of this section.
(6) Projection of costs
The Secretary shall include in the Bureau’s
justification for each appropriations request
beginning in the first fiscal year after the
completion of the studies conducted under
paragraph (1), a projection of the overall costs
associated with the formula set forth in subsection (c) of this section for all tribal elementary or secondary education programs which
the Secretary expects to be funded in the fiscal year for which the appropriations are
sought.
(7) Determination of program size
For purposes of this subsection, the size of
tribal elementary or secondary educational
programs is determined by the aggregate direct cost program funding level for all Bureaufunded programs which share common administrative cost functions.
(j) Authorization of appropriations
(1) In general
There are authorized to be appropriated to
carry out this section such sums as may be
necessary.
(2) Reductions
If the total amount of funds necessary to
provide grants to tribes and tribal organizations in the amounts determined under subsection (c) of this section for a fiscal year exceeds the amount of funds appropriated to
carry out this section for such fiscal year, the
Secretary shall reduce the amount of each
grant determined under subsection (c) of this
section for such fiscal year by an amount that
bears the same relationship to such excess as

§ 2009

TITLE 25—INDIANS

the amount of such grants determined under
subsection (c) of this section bears to the total
of all grants determined under subsection (c)
section 1 for all tribes and tribal organizations
for such fiscal year.
(k) Applicability to schools operating under Tribally Controlled Schools Act of 1988
The provisions of this section shall apply to
schools operating under the Tribally Controlled
Schools Act of 1988 [25 U.S.C. 2501 et seq.].
(l) Administrative cost grant budget requests
(1) In general
Beginning with President’s 2 annual budget
request under section 1105 of title 31 for fiscal
year 2002, and with respect to each succeeding
budget request, at the discretion of the Secretary, the Secretary shall submit to the appropriate committees of Congress information
and funding requests for the full funding of administrative costs grants required to be paid
under this section.
(2) Requirements
(A) Funding for new conversions to contract
or grant school operations
With respect to a budget request under
paragraph (1), the amount required to provide full funding for an administrative cost
grant for each tribe or tribal organization
expected to begin operation of a Bureaufunded school as contract or grant school in
the academic year funded by such annual
budget request, the amount so required shall
not be less than 10 percent of the amount required for subparagraph (B).
(B) Funding for continuing contract and
grant school operations
With respect to a budget request under
paragraph (1), the amount required to provide full funding for an administrative cost
grant for each tribe or tribal organization
operating a contract or grant school at the
time the annual budget request is submitted, which amount shall include the amount
of funds required to provide full funding for
an administrative cost grant for each tribe
or tribal organization which began operation
of a contract or grant school with administrative cost grant funds supplied from the
amount described in subparagraph (A).
(Pub. L. 95–561, title XI, § 1128, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2032.)
REFERENCES IN TEXT
The Tribally Controlled Schools Act of 1988, referred
to in subsecs. (h)(1) and (k), is part B (§§ 5201–5212) of
title V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, as
amended, which is classified generally to chapter 27
(§ 2501 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 2501 of this title and Tables.
The Indian Self-Determination and Education Assistance Act, referred to in subsec. (h)(2), is Pub. L. 93–638,
Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to part A (§ 450 et seq.) of subchapter II
of chapter 14 of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 450 of this title and Tables.
1 So
2 So

in original.
in original. Probably should be preceded by ‘‘the’’.

Page 662
PRIOR PROVISIONS

A prior section 2008, Pub. L. 95–561, title XI, § 1128, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 3993, related to administrative cost grants, prior
to the general amendment of this chapter by Pub. L.
107–110.
Another prior section 2008 and a prior section 2008a
were omitted in the general amendment of this chapter
by Pub. L. 103–382.
Section 2008, Pub. L. 95–561, title XI, § 1128, Nov. 1,
1978, 92 Stat. 2320; Pub. L. 96–46, § 2(b)(7), (8), Aug. 6,
1979, 93 Stat. 341; Pub. L. 98–511, title V, § 505, Oct. 19,
1984, 98 Stat. 2394; Pub. L. 99–89, § 5, Aug. 15, 1985, 99
Stat. 381; Pub. L. 99–228, § 1, Dec. 28, 1985, 99 Stat. 1747;
Pub. L. 100–297, title V, §§ 5107(a), 5108(b), (c), Apr. 28,
1988, 102 Stat. 368, 375; Pub. L. 100–427, §§ 2(a), (b)(1), (c),
3, 5, Sept. 9, 1988, 102 Stat. 1604, 1605; Pub. L. 101–301,
§ 5(d)(1), May 24, 1990, 104 Stat. 208; Pub. L. 103–382, title
III, § 393(b), Oct. 20, 1994, 108 Stat. 4026, related to allotment formula.
Section 2008a, Pub. L. 95–561, title XI, § 1128A, as
added Pub. L. 100–297, title V, § 5108(a), Apr. 28, 1988, 102
Stat. 369; amended Pub. L. 100–427, § 4, Sept. 9, 1988, 102
Stat. 1604; Pub. L. 101–301, § 5(f), May 24, 1990, 104 Stat.
208, related to administrative cost grants.

§ 2009. Division of Budget Analysis
(a) Establishment
Not later than 1 year after January 8, 2002, the
Secretary shall establish within the Office of Indian Education Programs a Division of Budget
Analysis (hereafter in this section referred to as
the ‘‘Division’’). Such Division shall be under
the direct supervision and control of the Director of the Office.
(b) Functions
In consultation with the tribal governing bodies and tribal school boards, the Director of the
Office, through the Division, shall conduct studies, surveys, or other activities to gather demographic information on Bureau-funded schools
and project the amount necessary to provide Indian students in such schools the educational
program set forth in this chapter.
(c) Annual reports
Not later than the date on which the Assistant
Secretary for Indian Affairs makes the annual
budget submission, for each fiscal year after
January 8, 2002, the Director of the Office shall
submit to the appropriate committees of Congress (including the Appropriations committees), all Bureau-funded schools, and the tribal
governing bodies of such schools, a report that
contains—
(1) projections, based upon the information
gathered pursuant to subsection (b) of this section and any other relevant information, of
amounts necessary to provide Indian students
in Bureau-funded schools the educational program set forth in this chapter;
(2) a description of the methods and formulas used to calculate the amounts projected
pursuant to paragraph (1); and
(3) such other information as the Director of
the Office considers appropriate.
(d) Use of reports
The Director of the Office and the Assistant
Secretary for Indian Affairs shall use the annual
report required by subsection (c) of this section
when preparing annual budget submissions.
(Pub. L. 95–561, title XI, § 1129, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2038.)

Page 663

TITLE 25—INDIANS
PRIOR PROVISIONS

A prior section 2009, Pub. L. 95–561, title XI, § 1129, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 3998, related to Division of Budget Analysis, prior
to the general amendment of this chapter by Pub. L.
107–110.
Another prior section 2009, Pub. L. 95–561, title XI,
§ 1129, Nov. 1, 1978, 92 Stat. 2321; Pub. L. 98–511, title V,
§§ 506, 507(a), Oct. 19, 1984, 98 Stat. 2395, 2396; Pub. L.
99–89, § 6, Aug. 15, 1985, 99 Stat. 382; Pub. L. 99–570, title
IV, § 4133(b)(4), Oct. 27, 1986, 100 Stat. 3207–134; Pub. L.
100–297, title V, §§ 5109, 5110, 5118, Apr. 28, 1988, 102 Stat.
375, 376, 382; Pub. L. 100–427, §§ 6, 9(d), Sept. 9, 1988, 102
Stat. 1605, 1607, related to uniform direct funding and
support, prior to the general amendment of this chapter by Pub. L. 103–382.

§ 2010. Uniform direct funding and support
(a) Establishment of system and forward funding
(1) In general
The Secretary shall establish, by regulation
adopted in accordance with section 2016 of this
title, a system for the direct funding and support of all Bureau-funded schools. Such system shall allot funds in accordance with section 2007 of this title. All amounts appropriated for distribution in accordance with
this section shall be made available in accordance with paragraph (2).
(2) Timing for use of funds
(A) Availability
For the purposes of affording adequate notice of funding available pursuant to the allotments made under section 2007 of this
title and the allotments of funds for operation and maintenance of facilities, amounts
appropriated in an appropriations Act for
any fiscal year for such allotments—
(i) shall become available for obligation
by the affected schools on July 1 of the fiscal year for which such allotments are appropriated without further action by the
Secretary; and
(ii) shall remain available for obligation
through the succeeding fiscal year.
(B) Publications
The Secretary shall, on the basis of the
amounts appropriated as described in this
paragraph—
(i) publish, not later than July 1 of the
fiscal year for which the amounts are appropriated, information indicating the
amount of the allotments to be made to
each affected school under section 2007 of
this title, of 80 percent of such appropriated amounts; and
(ii) publish, not later than September 30
of such fiscal year, information indicating
the amount of the allotments to be made
under section 2007 of this title, from the
remaining 20 percent of such appropriated
amounts, adjusted to reflect the actual
student attendance.
(C) Overpayments
Any overpayments made to tribal schools
shall be returned to the Secretary not later
than 30 days after the final determination
that the school was overpaid pursuant to
this section.

§ 2010

(3) Limitation
(A) Expenditures
Notwithstanding any other provision of
law (including a regulation), the supervisor
of a Bureau-operated school may expend an
aggregate of not more than $50,000 of the
amount allotted to the school under section
2007 of this title to acquire materials, supplies, equipment, operation services, maintenance services, and other services for the
school, and amounts received as operations
and maintenance funds, funds received from
the Department of Education, or funds received from other Federal sources, without
competitive bidding if—
(i) the cost for any single item acquired
does not exceed $15,000;
(ii) the school board approves the acquisition;
(iii) the supervisor certifies that the cost
is fair and reasonable;
(iv) the documents relating to the acquisition executed by the supervisor of the
school or other school staff cite this paragraph as authority for the acquisition; and
(v) the acquisition transaction is documented in a journal maintained at the
school that clearly identifies when the
transaction occurred, the item that was
acquired and from whom, the price paid,
the quantities acquired, and any other information the supervisor or the school
board considers to be relevant.
(B) Notice
Not later than 6 months after January 8,
2002, the Secretary shall send notice of the
provisions of this paragraph to each supervisor of a Bureau school and associated
school board chairperson, the education line
officer of each agency and area, and the Bureau division in charge of procurement, at
both the local and national levels.
(C) Application and guidelines
The Director of the Office shall be responsible for—
(i) determining the application of this
paragraph, including the authorization of
specific individuals to carry out this paragraph;
(ii) ensuring that there is at least one
such individual at each Bureau facility;
and
(iii) the provision of guidelines on the
use of this paragraph and adequate training on such guidelines.
(4) Effect of sequestration order
If a sequestration order issued under the
Balanced Budget and Emergency Deficit Control Act of 1985 reduces the amount of funds
available for allotment under section 2007 of
this title for any fiscal year by more than 7
percent of the amount of funds available for
allotment under such section during the preceding fiscal year—
(A) to fund allotments under section 2007
of this title, the Secretary, notwithstanding
any other law, may use—
(i) funds appropriated for the operation
of any Bureau-funded school that is closed
or consolidated; and

§ 2010

TITLE 25—INDIANS
(ii) funds appropriated for any program
that has been curtailed at any Bureau
school; and

(B) the Secretary may waive the application of the provisions of section 2001(h) of
this title with respect to the closure or consolidation of a school, or the curtailment of
a program at a school, during such fiscal
year if the funds described in clauses (i) and
(ii) of subparagraph (A) with respect to such
school are used to fund allotments made
under section 2007 of this title for such fiscal
year.
(b) Local financial plans for expenditure of funds
(1) Plan required
Each Bureau-operated school that receives
an allotment under section 2007 of this title
shall prepare a local financial plan that specifies the manner in which the school will expend the funds made available under the allotment and ensures that the school will meet
the accreditation requirements or standards
for the school pursuant to section 2001 of this
title.
(2) Requirement
A local financial plan under paragraph (1)
shall comply with all applicable Federal and
tribal laws.
(3) Preparation and revision
(A) In general
The financial plan for a school under subparagraph (A) 1 shall be prepared by the supervisor of the school in active consultation
with the local school board for the school.
(B) Authority of school board
The local school board for each school
shall have the authority to ratify, reject, or
amend such financial plan and, at the initiative of the local school board or in response
to the supervisor of the school, to revise
such financial plan to meet needs not foreseen at the time of preparation of the financial plan.
(4) Role of supervisor
The supervisor of the school—
(A) shall implement the decisions of the
school board relating to the financial plan
under paragraph (1);
(B) shall provide the appropriate local
union representative of the education employees of the school with copies of proposed
financial plans relating to the school and all
modifications and proposed modifications to
the plans, and at the same time submit such
copies to the local school board; and
(C) may appeal any such action of the
local school board to the appropriate education line officer of the Bureau agency by
filing a written statement describing the action and the reasons the supervisor believes
such action should be overturned.
(5) Statements
(A) In general
A copy of each statement filed under paragraph (4)(C) shall be submitted to the local
1 So

in original. Probably should be ‘‘paragraph (1)’’.

Page 664

school board and such board shall be afforded an opportunity to respond, in writing,
to such appeal.
(B) Overturned actions
After reviewing such written appeal and
response, the appropriate education line officer may, for good cause, overturn the action
of the local school board.
(C) Transmission of determination
The appropriate education line officer
shall transmit the determination of such appeal in the form of a written opinion to such
board and to such supervisor identifying the
reasons for overturning such action.
(c) Tribal division of education, self-determination grant and contract funds
The Secretary may approve applications for
funding tribal divisions of education and developing tribal codes of education, from funds made
available pursuant to section 450h(a) of this
title.
(d) Technical assistance and training
In carrying out this section, a local school
board may request technical assistance and
training from the Secretary, and the Secretary
shall, to the maximum extent practicable, provide those services and make appropriate provisions in the budget of the Office for the provision of those services.
(e) Summer program of academic and support
services
(1) Plan
(A) In general
A financial plan under subsection (b) of
this section for a school may include, at the
discretion of the local administrator and the
school board of such school, a provision for
a summer program of academic and support
services for students of the school.
(B) Prevention activities
Any such program may include activities
related to the prevention of alcohol and substance abuse.
(C) Summer use
The Assistant Secretary for Indian Affairs
shall provide for the use of any such school
facility during any summer in which such
use is requested.
(2) Use of other funds
Notwithstanding any other provision of law,
funds authorized under the Act of April 16, 1934
[25 U.S.C. 452 et seq.], and this Act may be
used to augment the services provided in each
summer program at the option, and under the
control, of the tribe or Indian controlled
school receiving such funds.
(3) Technical assistance and program coordination
The Assistant Secretary for Indian Affairs,
acting through the Director of the Office,
shall—
(A) provide technical assistance and coordination for any program described in
paragraph (1); and

Page 665

§ 2011

TITLE 25—INDIANS

(B) to the extent practicable, encourage
the coordination of such programs with any
other summer programs that might benefit
Indian youth, regardless of the funding
source or administrative entity of any such
program.
(f) Cooperative agreements
(1) Implementation
(A) In general
From funds allotted to a Bureau school
under section 2007 of this title, the Secretary
shall, if specifically requested by the appropriate tribal governing body, implement a
cooperative agreement that is entered into
between the tribe, the Bureau, the local
school board, and a local public school district that meets the requirements of paragraph (2) and involves the school.
(B) Terms
The tribe, the Bureau, the school board,
and the local public school district shall determine the terms of an agreement entered
into under subparagraph (A).
(2) Coordination provisions
An agreement under paragraph (1) may, with
respect to the Bureau school and schools in
the school district involved, encompass coordination of all or any part of the following:
(A) The academic program and curriculum,
unless the Bureau school is accredited by a
State or regional accrediting entity and
would not continue to be so accredited if the
agreement encompassed the program and
curriculum.
(B) Support services, including procurement and facilities maintenance.
(C) Transportation.
(3) Equal benefit and burden
(A) In general
Each agreement entered into under paragraph (1) shall confer a benefit upon the Bureau school commensurate with the burden
assumed by the school.
(B) Limitation
Subparagraph (A) shall not be construed to
require equal expenditures, or an exchange
of similar services, by the Bureau school and
schools in the school district.
(g) Product or result of student projects
Notwithstanding any other provision of law, in
a case in which there is agreement on action between the superintendent and the school board
of a Bureau-funded school, the product or result
of a project conducted in whole or in major part
by a student may be given to that student upon
the completion of such project.
(h) Matching fund requirements
(1) Not considered Federal funds
Notwithstanding any other provision of law,
funds received by a Bureau-funded school
under this chapter for education-related activities (not including funds for construction,
maintenance, and facilities improvement or
repair) shall not be considered Federal funds
for the purposes of a matching funds requirement for any Federal program.

(2) Limitation
In considering an application from a Bureaufunded school for participation in a program
or project that requires matching funds, the
entity administering such program or project
or awarding such grant shall not give positive
or negative weight to such application based
solely on the provisions of paragraph (1).
(Pub. L. 95–561, title XI, § 1130, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2039.)
REFERENCES IN TEXT
The Balanced Budget and Emergency Deficit Control
Act of 1985, referred to in subsec. (a)(4), is title II of
Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, as amended
which enacted chapter 20 (§ 900 et seq.) and sections 654
to 656 of Title 2, The Congress, amended sections 602,
622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to
1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of Title 2, enacted provisions set out
as notes under section 900 of Title 2 and section 911 of
Title 42, and amended provisions set out as a note
under section 621 of Title 2. For complete classification
of this Act to the Code, see Short Title note set out
under section 900 of Title 2 and Tables.
Act of April 16, 1934, referred to in subsec. (e)(2), is
act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the Johnson-O’Malley Act, which is
classified generally to section 452 et seq. of this title.
For complete classification of this Act to the Code, see
Short Title note set out under section 452 of this title
and Tables.
This Act, referred to in subsec. (e)(2), means Pub. L.
95–561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as
the Education Amendments of 1978. For complete classification of this Act to the Code, see Short Title of
1978 Amendment note set out under section 6301 of Title
20, Education, and Tables.
This chapter, referred to in subsec. (h)(1), was in the
original ‘‘this title’’, meaning title XI (§ 1101 et seq.) of
Pub. L. 95–561, which is classified principally to this
chapter. For complete classification of title XI to the
Code, see Tables.
PRIOR PROVISIONS
A prior section 2010, Pub. L. 95–561, title XI, § 1130, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 3999, related to uniform direct funding and support, prior to the general amendment of this chapter by
Pub. L. 107–110.
Another prior section 2010, Pub. L. 95–561, title XI,
§ 1130, Nov. 1, 1978, 92 Stat. 2321; Pub. L. 100–297, title V,
§ 5111, Apr. 28, 1988, 102 Stat. 376; Pub. L. 100–427, § 7,
Sept. 9, 1988, 102 Stat. 1605, related to policy for Indian
control of Indian education, prior to the general
amendment of this chapter by Pub. L. 103–382.

§ 2011. Policy for Indian control of Indian education
(a) Facilitation of Indian control
It shall be the policy of the United States acting through the Secretary, in carrying out the
functions of the Bureau, to facilitate Indian control of Indian affairs in all matters relating to
education.
(b) Consultation with tribes
(1) In general
All actions under this Act shall be done with
active consultation with tribes. The United
States acting through the Secretary and tribes
shall work in a government-to-government relationship to ensure quality education for all
tribal members.

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TITLE 25—INDIANS

(2) Requirements
(A) Definition of consultation
In this subsection, the term ‘‘consultation’’ means a process involving the open
discussion and joint deliberation of all options with respect to potential issues or
changes between the Bureau and all interested parties.
(B) Discussion and joint deliberation
During discussions and joint deliberations,
interested parties (including tribes and
school officials) shall be given an opportunity—
(i) to present issues (including proposals
regarding changes in current practices or
programs) that will be considered for future action by the Secretary; and
(ii) to participate and discuss the options
presented, or to present alternatives, with
the views and concerns of the interested
parties given effect unless the Secretary
determines, from information available
from or presented by the interested parties
during one or more of the discussions and
deliberations, that there is a substantial
reason for another course of action.
(C) Explanation by Secretary
The Secretary shall submit to any Member
of Congress, within 18 days of the receipt of
a written request by such Member, a written
explanation of any decision made by the
Secretary which is not consistent with the
views of the interested parties described in
subparagraph (B).
(Pub. L. 95–561, title XI, § 1131, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2043.)
REFERENCES IN TEXT
This Act, referred to in subsec. (b)(1), means Pub. L.
95–561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as
the Education Amendments of 1978. For complete classification of this Act to the Code, see Short Title of
1978 Amendment note set out under section 6301 of Title
20, Education, and Tables.
PRIOR PROVISIONS
A prior section 2011, Pub. L. 95–561, title XI, § 1131, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 4001, related to policy for Indian control of Indian
education, prior to the general amendment of this
chapter by Pub. L. 107–110.
Another prior section 2011, Pub. L. 95–561, title XI,
§ 1131, Nov. 1, 1978, 92 Stat. 2322; 1978 Reorg. Plan No. 2,
§ 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L.
98–511, title V, § 507(b), Oct. 19, 1984, 98 Stat. 2396; Pub.
L. 100–297, title V, §§ 5112(a), (b)(1), 5114, 5115, Apr. 28,
1988, 102 Stat. 377, 378, 380; Pub. L. 100–427, § 9(a)–(c),
Sept. 9, 1988, 102 Stat. 1606, related to education personnel, prior to the general amendment of this chapter by
Pub. L. 103–382.

§ 2012. Indian education personnel
(a) In general
Chapter 51, subchapter III of chapter 53, and
chapter 63 of title 5, relating to classification,
pay and leave, respectively, and the sections of
such title relating to the appointment, promotion, hours of work, and removal of civil
service employees, shall not apply to educators
or to education positions (as defined in subsection (p) of this section).

Page 666

(b) Regulations
Not later than 60 days after January 8, 2002,
the Secretary shall prescribe regulations to
carry out this section. Such regulations shall
provide for—
(1) the establishment of education positions;
(2) the establishment of qualifications for
educators and education personnel;
(3) the fixing of basic compensation for educators and education positions;
(4) the appointment of educators;
(5) the discharge of educators;
(6) the entitlement of educators to compensation;
(7) the payment of compensation to educators;
(8) the conditions of employment of educators;
(9) the leave system for educators;
(10) the annual leave and sick leave for educators;
(11) the length of the school year applicable
to education positions described in subsection
(a) of this section; and
(12) such additional matters as may be appropriate.
(c) Qualifications of educators
(1) Requirements
In prescribing regulations to govern the
qualifications of educators, the Secretary
shall require that—
(A) lists of qualified and interviewed applicants for education positions be maintained
in each agency and area office of the Bureau
from among individuals who have applied at
the agency or area level for an education position or who have applied at the national
level and have indicated in such application
an interest in working in certain areas or
agencies;
(B) a local school board shall have the authority to waive on a case-by-case basis, any
formal education or degree qualifications established by regulation pursuant to subsection (b)(2) of this section, in order for a
tribal member to be hired in an education
position to teach courses on tribal culture
and language and that subject to subsection
(e)(2) of this section, a determination by a
school board that such a person be hired
shall be instituted by the supervisor of the
school involved; and
(C) that 1 it shall not be a prerequisite to
the employment of an individual in an education position at the local level that—
(i) such individual’s name appear on a
list maintained pursuant to subparagraph
(A); or
(ii) such individual have applied at the
national level for an education position.
(2) Exception for certain temporary employment
The Secretary may authorize the temporary
employment in an education position of an individual who has not met the certification
standards established pursuant to regulations
if the Secretary determines that failure to do
1 So

in original. The word ‘‘that’’ probably should not appear.

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TITLE 25—INDIANS

so would result in that position remaining vacant.
(d) Hiring of educators
(1) Requirements
In prescribing regulations to govern the appointment of educators, the Secretary shall
require—
(A)(i)(I) that educators employed in a Bureau school (other than the supervisor of the
school) shall be hired by the supervisor of
the school; and
(II) in a case in which there are no qualified applicants available to fill a vacancy at
a Bureau school, the supervisor may consult
a list maintained pursuant to subsection
(c)(1)(A) of this section;
(ii) each supervisor of a Bureau school
shall be hired by the education line officer of
the agency office of the Bureau for the jurisdiction in which the school is located;
(iii) each educator employed in an agency
office of the Bureau shall be hired by the superintendent for education of the agency office; and
(iv) each education line officer and educator employed in the office of the Director of
the Office shall be hired by the Director;
(B)(i) before an individual is employed in
an education position in a Bureau school by
the supervisor of the school (or, with respect
to the position of supervisor, by the appropriate agency education line officer), the
local school board for the school shall be
consulted; and
(ii) that a determination by such school
board, as evidenced by school board records,
that such individual should or should not be
so employed shall be instituted by the supervisor (or with respect to the position of supervisor, by the superintendent for education of the agency office);
(C)(i) before an individual is employed in
an education position in an agency or area
office of the Bureau, the appropriate agency
school board shall be consulted; and
(ii) a determination by such school board,
as evidenced by school board records, that
such individual should or should not be employed shall be instituted by the superintendent for education of the agency office;
and
(D) all employment decisions or actions be
in compliance with all applicable Federal,
State, and tribal laws.
(2) Information regarding application at national level
(A) In general
Any individual who applies at the local
level for an education position shall state on
such individual’s application whether or not
such individual has applied at the national
level for an education position in the Bureau.
(B) Determination of accuracy
If such individual is employed at the local
level, such individual’s name shall be immediately forwarded to the Secretary, who
shall, as soon as practicable but in no event

§ 2012

in more than 30 days, ascertain the accuracy
of the statement made by such individual
pursuant to subparagraph (A).
(C) False statements
Notwithstanding subsection (e) of this section, if the individual’s statement is found
to have been false, such individual, at the
Secretary’s discretion, may be disciplined or
discharged.
(D) Conditional appointment for national
provision
If the individual has applied at the national level for an education position in the
Bureau, the appointment of such individual
at the local level shall be conditional for a
period of 90 days, during which period the
Secretary may appoint a more qualified individual (as determined by the Secretary)
from the list maintained at the national
level pursuant to subsection (c)(1)(A)(ii) 2 of
this section to the position to which such individual was appointed.
(3) Statutory construction
Except as expressly provided, nothing in this
section shall be construed as conferring upon
local school boards authority over, or control
of, educators at Bureau-funded schools or the
authority to issue management decisions.
(4) Appeals
(A) By supervisor
(i) In general
The supervisor of a school may appeal to
the appropriate agency education line officer any determination by the local school
board for the school that an individual be
employed, or not be employed, in an education position in the school (other than
that of supervisor) by filing a written
statement describing the determination
and the reasons the supervisor believes
such determination should be overturned.
(ii) Action by board
A copy of such statement shall be submitted to the local school board and such
board shall be afforded an opportunity to
respond, in writing, to such appeal.
(iii) Overturning of determination
After reviewing such written appeal and
response, the education line officer may,
for good cause, overturn the determination
of the local school board.
(iv) Transmission of determination
The education line officer shall transmit
the determination of such appeal in the
form of a written opinion to such board
and to such supervisor identifying the reasons for overturning such determination.
(B) By education line officer
(i) In general
The education line officer of an agency
office of the Bureau may appeal to the Director of the Office any determination by
2 So in original. Subsec. (c)(1)(A) of this section does not contain clauses.

§ 2012

TITLE 25—INDIANS

the local school board for the school that
an individual be employed, or not be employed, as the supervisor of a school by filing a written statement describing the determination and the reasons the supervisor
believes such determination should be
overturned.
(ii) Action by board
A copy of such statement shall be submitted to the local school board and such
board shall be afforded an opportunity to
respond, in writing, to such appeal.
(iii) Overturning of determination
After reviewing such written appeal and
response, the Director may, for good cause,
overturn the determination of the local
school board.
(iv) Transmission of determination
The Director shall transmit the determination of such appeal in the form of a
written opinion to such board and to such
education line officer identifying the reasons for overturning such determination.
(5) Other appeals
(A) In general
The education line officer of an agency office of the Bureau may appeal to the Director of the Office any determination by the
agency school board that an individual be
employed, or not be employed, in an education position in such agency office by filing a written statement describing the determination and the reasons the supervisor
believes such determination should be overturned.
(B) Action by board
A copy of such statement shall be submitted to the agency school board and such
board shall be afforded an opportunity to respond, in writing, to such appeal.
(C) Overturning of determination
After reviewing such written appeal and
response, the Director may, for good cause,
overturn the determination of the agency
school board.
(D) Transmission of determination
The Director shall transmit the determination of such appeal in the form of a
written opinion to such board and to such
education line officer identifying the reasons
for overturning such determination.
(e) Discharge and conditions of employment of
educators
(1) Regulations
In promulgating regulations to govern the
discharge and conditions of employment of
educators, the Secretary shall require—
(A) that procedures shall be established for
the rapid and equitable resolution of grievances of educators;
(B) that no educator may be discharged
without notice of the reasons for the discharge and an opportunity for a hearing
under procedures that comport with the requirements of due process; and

Page 668

(C) that each educator employed in a Bureau school shall be notified 30 days prior to
the end of an academic year whether the employment contract of the individual will be
renewed for the following year.
(2) Procedures for discharge
(A) Determinations
(i) In general
Except as provided in clause (iii), the supervisor of a Bureau school may discharge
(subject to procedures established under
paragraph (1)(B)) for cause (as determined
under regulations prescribed by the Secretary) any educator employed in such
school.
(ii) Notification of board
On giving notice to an educator of the
supervisor’s intention to discharge the educator, the supervisor shall immediately
notify the local school board of the proposed discharge.
(iii) Determination by board
If the local school board determines that
such educator shall not be discharged, that
determination shall be followed by the supervisor.
(B) Appeals
(i) In general
The supervisor shall have the right to
appeal to the education line officer of the
appropriate agency office of the Bureau a
determination by a local school board
under subparagraph (A)(iii), as evidenced
by school board records, not to discharge
an educator.
(ii) Decision of agency education line officer
Upon hearing such an appeal, the agency
education line officer may, for good cause,
issue a decision overturning the determination of the local school board with respect to the employment of such individual.
(iii) Form of decision
The education line officer shall make the
decision in writing and submit the decision to the local school board.
(3) Recommendations of school boards for discharge
Each local school board for a Bureau school
shall have the right—
(A) to recommend to the supervisor that
an educator employed in the school be discharged; and
(B) to recommend to the education line officer of the appropriate agency office of the
Bureau and to the Director of the Office,
that the supervisor of the school be discharged.
(f) Applicability of Indian preference laws
(1) Applicability
(A) In general
Notwithstanding any provision of the Indian preference laws, such laws shall not

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TITLE 25—INDIANS

apply in the case of any personnel action
carried out under this section with respect
to an applicant or employee not entitled to
an Indian preference if each tribal organization concerned—
(i) grants a written waiver of the application of those laws with respect to the
personnel action; and
(ii) states that the waiver is necessary.
(B) No effect on responsibility of Bureau
This paragraph shall not be construed to
relieve the responsibility of the Bureau to
issue timely and adequate announcements
and advertisements concerning any such
personnel action if such action is intended
to fill a vacancy (no matter how such vacancy is created).
(2) Definitions
In this subsection:
(A) Indian preference laws
(i) In general
The term ‘‘Indian preference laws’’
means section 472 of this title or any other
provision of law granting a preference to
Indians in promotions and other personnel
actions.
(ii) Exclusion
The term ‘‘Indian preference laws’’ does
not include section 450e(b) of this title.
(B) Tribal organization
The term ‘‘tribal organization’’ means—
(i) the recognized governing body of any
Indian tribe, band, nation, pueblo, or other
organized community, including a Native
village (as defined in section 1602(c) of title
43); or
(ii) in connection with any personnel action referred to in this subsection, any
local school board to which the governing
body has delegated the authority to grant
a waiver under this subsection with respect to a personnel action.
(g) Compensation or annual salary
(1) In general
(A) Compensation for educators and education positions
Except as otherwise provided in this section, the Secretary shall establish the compensation or annual salary rate for educators and education positions—
(i) at rates in effect under the General
Schedule for individuals with comparable
qualifications, and holding comparable positions, to whom chapter 51 of title 5 is applicable; or
(ii) on the basis of the Federal Wage System schedule in effect for the locality involved, and for the comparable positions,
at the rates of compensation in effect for
the senior executive service.
(B) Compensation or salary for teachers and
counselors
(i) In general
The Secretary shall establish the rate of
compensation, or annual salary rate, for

§ 2012

the positions of teachers and counselors
(including dormitory counselors and homeliving counselors) at the rate of compensation applicable (on January 8, 2002, and
thereafter) for comparable positions in the
overseas schools under the Defense Department Overseas Teachers Pay and Personnel Practices Act [20 U.S.C. 901 et seq.].
(ii) Essential provisions
The Secretary shall allow the local
school boards involved authority to implement only the aspects of the Defense Department Overseas Teachers Pay and Personnel Practices Act pay provisions that
are considered essential for recruitment
and retention of teachers and counselors.
Implementation of such provisions shall
not be construed to require the implementation of that entire Act.
(C) Rates for new hires
(i) In general
Beginning with the first fiscal year following January 8, 2002, each local school
board of a Bureau school may establish a
rate of compensation or annual salary rate
described in clause (ii) for teachers and
counselors (including academic counselors)
who are new hires at the school and who
had not worked at the school, as of the
first day of such fiscal year.
(ii) Consistent rates
The rates established under clause (i)
shall be consistent with the rates paid for
individuals in the same positions, with the
same tenure and training, as the teachers
and counselors, in any other school within
whose boundaries the Bureau school is located.
(iii) Decreases
In a case in which the establishment of
rates under clause (i) causes a reduction in
compensation at a school from the rate of
compensation that was in effect for the
first fiscal year following January 8, 2002,
the new rates of compensation may be applied to the compensation of employees of
the school who worked at the school as of
January 8, 2002, by applying those rates at
each contract renewal for the employees
so that the reduction takes effect in three
equal installments.
(iv) Increases
In a case in which adoption of rates
under clause (i) leads to an increase in the
payment of compensation from that which
was in effect for the fiscal year following
January 8, 2002, the school board may
make such rates applicable at the next
contract renewal such that—
(I) the increase occurs in its entirety;
or
(II) the increase is applied in three
equal installments.
(D) Use of regulations; continued employment of certain educators
The establishment of rates of basic compensation and annual salary rates under subparagraphs (B) and (C) shall not—

§ 2012

TITLE 25—INDIANS

(i) preclude the use of regulations and
procedures used by the Bureau prior to
April 28, 1988, in making determinations
regarding promotions and advancements
through levels of pay that are based on the
merit, education, experience, or tenure of
the educator; or
(ii) affect the continued employment or
compensation of an educator who was employed in an education position on October
31, 1979, and who did not make an election
under subsection (p) 3 as in effect on January 1, 1990.
(2) Post differential rates
(A) In general
The Secretary may pay a post differential
rate, not to exceed 25 percent of the rate of
compensation, for educators or education
positions, on the basis of conditions of environment or work that warrant additional
pay, as a recruitment and retention incentive.
(B) Supervisor’s authority
(i) In general
Except as provided in clause (ii), on the
request of the supervisor and the local
school board of a Bureau school, the Secretary shall grant the supervisor of the
school authorization to provide one or
more post differential rates under subparagraph (A).
(ii) Exception
The Secretary shall disapprove, or approve with a modification, a request for
authorization to provide a post differential
rate if the Secretary determines for clear
and convincing reasons (and advises the
board in writing of those reasons) that the
rate should be disapproved or decreased because the disparity of compensation between the appropriate educators or positions in the Bureau school, and the comparable educators or positions at the nearest public school, is—
(I)(aa) at least 5 percent; or
(bb) less than 5 percent; and
(II) does not affect the recruitment or
retention of employees at the school.
(iii) Approval of requests
A request made under clause (i) shall be
considered to be approved at the end of the
60th day after the request is received in
the Central Office of the Bureau unless before that time the request is approved, approved with a modification, or disapproved
by the Secretary.
(iv) Discontinuation of or decrease in rates
The Secretary or the supervisor of a Bureau school may discontinue or decrease a
post differential rate provided for under
this paragraph at the beginning of an academic year if—
(I) the local school board requests that
such differential be discontinued or decreased; or
3 See

References in Text note below.

Page 670

(II) the Secretary or the supervisor, respectively, determines for clear and convincing reasons (and advises the board in
writing of those reasons) that there is no
disparity of compensation that would affect the recruitment or retention of employees at the school after the differential is discontinued or decreased.
(v) Reports
On or before February 1 of each year, the
Secretary shall submit to Congress a report describing the requests and approvals
of authorization made under this paragraph during the previous year and listing
the positions receiving post differential
rates under contracts entered into under
those authorizations.
(h) Liquidation of remaining leave upon termination
Upon termination of employment with the Bureau, any annual leave remaining to the credit
of an individual covered by this section shall be
liquidated in accordance with sections 5551(a)
and 6306 of title 5, except that leave earned or
accrued under regulations promulgated pursuant to subsection (b)(10) of this section shall not
be so liquidated.
(i) Transfer of remaining sick leave upon transfer, promotion, or reemployment
In the case of any educator who is transferred,
promoted, or reappointed, without break in
service, to a position in the Federal Government
under a different leave system, any remaining
leave to the credit of such person earned or credited under the regulations promulgated pursuant to subsection (b)(10) of this section shall be
transferred to such person’s credit in the employing agency on an adjusted basis in accordance with regulations which shall be promulgated by the Office of Personnel Management.
(j) Ineligibility for employment of voluntarily
terminated educators
An educator who voluntarily terminates employment with the Bureau before the expiration
of the existing employment contract between
such educator and the Bureau shall not be eligible to be employed in another education position in the Bureau during the remainder of the
term of such contract.
(k) Dual compensation
In the case of any educator employed in an
education position described in subsection
(l)(1)(A) 4 of this section who—
(1) is employed at the close of a school year;
(2) agrees in writing to serve in such position
for the next school year; and
(3) is employed in another position during
the recess period immediately preceding such
next school year, or during such recess period
receives additional compensation referred to
in section 5533 of title 5, relating to dual compensation,
shall not apply to such educator by reason of
any such employment during a recess period for
any receipt of additional compensation.
4 So in original. Subsec. (l)(1) of this section does not contain
subpars.

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TITLE 25—INDIANS

(l) Voluntary services
(1) In general
Notwithstanding section 1342 of title 31, the
Secretary may, subject to the approval of the
local school board concerned, accept voluntary
services on behalf of Bureau schools.
(2) Federal employee protection
Nothing in this chapter requires Federal employees to work without compensation or allows the use of volunteer services to displace
or replace Federal employees.
(3) Federal status
An individual providing volunteer services
under this section is a Federal employee only
for purposes of chapter 81 of title 5 and chapter
171 of title 28.
(m) Proration of pay
(1) Election of employee
(A) In general
Notwithstanding any other provision of
law, including laws relating to dual compensation, the Secretary, at the election of
the employee, shall prorate the salary of an
employee employed in an education position
for the academic school year over the entire
12-month period.
(B) Election
Each educator employed for the academic
school year shall annually elect to be paid
on a 12-month basis or for those months
while school is in session.
(C) No loss of pay or benefits
No educator shall suffer a loss of pay or
benefits, including benefits under unemployment or other Federal or federally assisted
programs, because of such election.
(2) Change of election
During the course of such year the employee
may change election once.
(3) Lump sum payment
That portion of the employee’s pay which
would be paid between academic school years
may be paid in a lump sum at the election of
the employee.
(4) Nonapplicability
This subsection applies to those individuals
employed under the provisions of this section
or title 5.
(5) Definitions
For purposes of this subsection, the terms
‘‘educator’’ and ‘‘education position’’ have the
meanings contained in paragraphs (1) and (2)
of subsection (o) of this section.
(n) Extracurricular activities
(1) Stipend
(A) In general
Notwithstanding any other provision of
law, the Secretary may provide, for each Bureau area, a stipend in lieu of overtime premium pay or compensatory time off.
(B) Provision to employees
Any employee of the Bureau who performs
additional activities to provide services to

§ 2012

students or otherwise support the school’s
academic and social programs may elect to
be compensated for all such work on the
basis of the stipend.
(C) Nature of stipend
Such stipend shall be paid as a supplement
to the employee’s base pay.
(2) Election not to receive stipend
If an employee elects not to be compensated
through the stipend established by this subsection, the appropriate provisions of title 5
shall apply.
(3) Applicability of subsection
This subsection applies to all Bureau employees, regardless of whether the employee is
employed under this section or title 5.
(o) Definitions
In this section:
(1) Education position
The term ‘‘education position’’ means a position in the Bureau the duties and responsibilities of which—
(A)(i) are performed on a school year basis
principally in a Bureau school; and
(ii) involve—
(I) classroom or other instruction or the
supervision or direction of classroom or
other instruction;
(II) any activity (other than teaching)
which requires academic credits in educational theory and practice equal to the
academic credits in educational theory
and practice required for a bachelor’s degree in education from an accredited institution of higher education;
(III) any activity in or related to the
field of education notwithstanding that
academic credits in educational theory
and practice are not a formal requirement
for the conduct of such activity; or
(IV) support services at, or associated
with, the site of the school; or
(B) are performed at the agency level of
the Bureau and involve the implementation
of education-related programs other than
the position for agency superintendent for
education.
(2) Educator
The term ‘‘educator’’ means an individual
whose services are required, or who is employed, in an education position.
(p) Covered individuals; election
This section shall apply with respect to any
educator hired after November 1, 1979 (and to
any educator who elected for coverage under
that provision after November 1, 1979) and to the
position in which such individual is employed.
The enactment of this section shall not affect
the continued employment of an individual employed on October 31, 1979, in an education position, or such person’s right to receive the compensation attached to such position.
(q) Furlough without consent
(1) In general
An educator who was employed in an education position on October 31, 1979, who was el-

§ 2012

TITLE 25—INDIANS

igible to make an election under subsection
(p) 5 at that time, and who did not make the
election under such subsection, may not be
placed on furlough (within the meaning of section 7511(a)(5) of title 5,6 without the consent
of such educator for an aggregate of more than
4 weeks within the same calendar year, unless—
(A) the supervisor, with the approval of
the local school board (or of the education
line officer upon appeal under paragraph (2)),
of the Bureau school at which such educator
provides services determines that a longer
period of furlough is necessary due to an insufficient amount of funds available for personnel compensation at such school, as determined under the financial plan process as
determined under section 2009(b) 7 of this
title; and
(B) all educators (other than principals
and clerical employees) providing services at
such Bureau school are placed on furloughs
of equal length, except that the supervisor,
with the approval of the local school board
(or of the agency education line officer upon
appeal under paragraph (2)), may continue
one or more educators in pay status if—
(i) such educators are needed to operate
summer programs, attend summer training sessions, or participate in special activities including curriculum development
committees; and
(ii) such educators are selected based
upon such educator’s qualifications after
public notice of the minimum qualifications reasonably necessary and without
discrimination as to supervisory, nonsupervisory, or other status of the educators who apply.
(2) Appeals
The supervisor of a Bureau school may appeal to the appropriate agency education line
officer any refusal by the local school board to
approve any determination of the supervisor
that is described in paragraph (1)(A) by filing
a written statement describing the determination and the reasons the supervisor believes
such determination should be approved. A
copy of such statement shall be submitted to
the local school board and such board shall be
afforded an opportunity to respond, in writing,
to such appeal. After reviewing such written
appeal and response, the education line officer
may, for good cause, approve the determination of the supervisor. The educational line officer shall transmit the determination of such
appeal in the form of a written opinion to such
local school board and to the supervisor identifying the reasons for approving such determination.
(r) Stipends
The Secretary is authorized to provide annual
stipends to teachers who become certified by the
National Board of Professional Teaching Standards, the National Council on Teacher Quality,
5 See

References in Text note below.
in original. The comma probably should be a closing parenthesis.
7 So in original. Probably should be section ‘‘2010(b)’’.
6 So

Page 672

or other nationally recognized certification or
credentialing organizations.
(Pub. L. 95–561, title XI, § 1132, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2044.)
REFERENCES IN TEXT
The General Schedule, referred to in subsec.
(g)(1)(A)(i), is set out under section 5332 of Title 5, Government Organization and Employees.
The Defense Department Overseas Teachers Pay and
Personnel Practices Act, referred to in subsec. (g)(1)(B),
is Pub. L. 86–91, July 17, 1959, 73 Stat. 213, as amended,
which is classified generally to chapter 25 (§ 901 et seq.)
of Title 20, Education. For complete classification of
this Act to the Code, see Short Title note set out under
section 901 of Title 20 and Tables.
Subsection (p), referred to in subsecs. (g)(1)(D)(ii) and
(q)(1), probably should be a reference to subsec. (o) of
prior section 1131 of Pub. L. 95–561 which was classified
to section 2011 of this title prior to the general amendment of this chapter by Pub. L. 103–382. See Prior Provisions note set out under section 2011 of this title.
PRIOR PROVISIONS
A prior section 2012, Pub. L. 95–561, title XI, § 1132, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 4002; amended Pub. L. 105–362, title VIII, § 801(c)(3),
Nov. 10, 1998, 112 Stat. 3288, related to education personnel, prior to the general amendment of this chapter by
Pub. L. 107–110.
Another prior section 2012, Pub. L. 95–561, title XI,
§ 1132, Nov. 1, 1978, 92 Stat. 2326; Pub. L. 96–46, § 2(b)(9),
Aug. 6, 1979, 93 Stat. 341; Pub. L. 98–511, title V, § 508,
Oct. 19, 1984, 98 Stat. 2397, related to establishment of
a computerized management information system, prior
to the general amendment of this chapter by Pub. L.
103–382.
ADJUSTMENTS TO RATES OF BASIC COMPENSATION OR
ANNUAL SALARY RATES FOR EDUCATION POSITIONS
Pub. L. 104–208, div. A, title I, § 101(d) [title I], Sept.
30, 1996, 110 Stat. 3009–181, 3009–193, provided in part:
‘‘That in fiscal year 1997 and thereafter, notwithstanding the provisions of [former] 25 U.S.C. 2012(h)(1)(A) and
(B) [see now 25 U.S.C. 2012(g)(1)(A), (B)], upon the recommendation of either (i) a local school board and
school supervisor for an education position in a Bureau
of Indian Affairs operated school, or (ii) an Agency
school board and education line officer for an Agency
education position, the Secretary [of the Interior] shall
establish adjustments to the rates of basic compensation or annual salary rates established under [former]
25 U.S.C. 2012(h)(1)(A) and (B) for education positions at
the school or the Agency, at a level not less than that
for comparable positions in the nearest public school
district, and the adjustment shall be deemed to be a
change to basic pay and shall not be subject to collective bargaining: Provided further, That any reduction to
rates of basic compensation or annual salary rates
below the rates established under [former] 25 U.S.C.
2012(h)(1)(A) and (B) shall apply only to educators appointed after June 30, 1997, and shall not affect the
right of an individual employed on June 30, 1997, in an
education position, to receive the compensation attached to such position under [former] 25 U.S.C.
2012(h)(1)(A) and (B) so long as the individual remains
in the same position at the same school’’.
Similar provisions were contained in the following
prior appropriation act:
Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26, 1996,
110 Stat. 1321–156, 1321–171; renumbered title I, Pub. L.
104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 105–83, title I, Nov. 14, 1997, 111 Stat. 1555, provided in part: ‘‘That beginning in fiscal year 1998 and
thereafter and notwithstanding [former] 25 U.S.C.
2012(h)(1)(B) [see now 25 U.S.C. 2012(g)(1)(B)], when the
rates of basic compensation for teachers and counselors
at Bureau-operated schools are established at the rates

Page 673

§ 2016

TITLE 25—INDIANS

of basic compensation applicable to comparable positions in overseas schools under the Defense Department
Overseas Teachers Pay and Personnel Practices Act [20
U.S.C. 901 et seq.], such rates shall become effective
with the start of the next academic year following the
issuance of the Department of Defense salary schedule
and shall not be effected retroactively’’.
Similar provisions were contained in the following
prior appropriation act:
Pub. L. 104–208, div. A, title I, § 101(d) [title I], Sept.
30, 1996, 110 Stat. 3009–181, 3009–193.

§ 2013. Computerized management information
system
(a) In general
Not later than 12 months after January 8, 2002,
the Secretary shall update the computerized
management information system within the Office. The information to be updated shall include
information regarding—
(1) student enrollment;
(2) curricula;
(3) staffing;
(4) facilities;
(5) community demographics;
(6) student assessment information;
(7) information on the administrative and
program costs attributable to each Bureau
program, divided into discrete elements;
(8) relevant reports;
(9) personnel records;
(10) finance and payroll; and
(11) such other items as the Secretary determines to be appropriate.
(b) Implementation of system
Not later than July 1, 2003, the Secretary shall
complete the implementation of the updated
computerized management information system
at each Bureau field office and Bureau-funded
school.
(Pub. L. 95–561, title XI, § 1133, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2055.)
PRIOR PROVISIONS
A prior section 2013, Pub. L. 95–561, title XI, § 1133, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 4010, related to management information system,
prior to the general amendment of this chapter by Pub.
L. 107–110.
Another prior section 2013, Pub. L. 95–561, title XI,
§ 1133, Nov. 1, 1978, 92 Stat. 2327, related to Bureau education policies, practices, and procedures, prior to the
general amendment of this chapter by Pub. L. 103–382.

§ 2014. Recruitment of Indian educators
The Secretary shall institute a policy for the
recruitment of qualified Indian educators and a
detailed plan to promote employees from within
the Bureau. Such plan shall include opportunities for acquiring work experience prior to actual work assignment.
(Pub. L. 95–561, title XI, § 1134, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2055.)
PRIOR PROVISIONS
A prior section 2014, Pub. L. 95–561, title XI, § 1134, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 4010, related to Bureau education policies, prior
to the general amendment of this chapter by Pub. L.
107–110.
Another prior section 2014, Pub. L. 95–561, title XI,
§ 1134, Nov. 1, 1978, 92 Stat. 2327, related to uniform edu-

cation procedures and practices by Bureau divisions,
prior to the general amendment of this chapter by Pub.
L. 103–382.

§ 2015. Annual report; audits
(a) Annual reports
The Secretary shall submit to each appropriate committee of Congress, all Bureau-funded
schools, and the tribal governing bodies of such
schools, a detailed annual report on the state of
education within the Bureau, and any problems
encountered in Indian education during the period covered by the report, that includes—
(1) suggestions for the improvement of the
Bureau educational system and for increasing
tribal or local Indian control of such system;
and
(2) information on the status of tribally controlled community colleges.
(b) Budget request
The annual budget request for the education
programs of the Bureau, as submitted as part of
the President’s next annual budget request
under section 1105 of title 31 shall include the
plans required by sections 2001(c), 2002(c), and
2004(c) 1 of this title.
(c) Financial and compliance audits
The Inspector General of the Department of
the Interior shall establish a system to ensure
that financial and compliance audits, based
upon the extent to which a school described in
subsection (a) of this section has complied with
the local financial plan under section 2010 of this
title, are conducted of each Bureau-operated
school at least once every 3 years.
(d) Administrative evaluation of schools
The Director shall, at least once every 3 to 5
years, conduct a comprehensive evaluation of
Bureau-operated schools. Such evaluation shall
be in addition to any other program review or
evaluation that may be required under Federal
law.
(Pub. L. 95–561, title XI, § 1135, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2056.)
PRIOR PROVISIONS
A prior section 2015, Pub. L. 95–561, title XI, § 1135, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 4010, related to uniform education procedures and
practices, prior to the general amendment of this chapter by Pub. L. 107–110.
Another prior section 2015, Pub. L. 95–561, title XI,
§ 1135, Nov. 1, 1978, 92 Stat. 2327, related to recruitment
policy for Indian educators and promotion plan for Bureau employees, prior to the general amendment of this
chapter by Pub. L. 103–382.

§ 2016. Rights of Indian students
The Secretary shall prescribe such rules and
regulations as are necessary to ensure the constitutional and civil rights of Indian students
attending Bureau-funded schools, including such
students’ rights to—
(1) privacy under the laws of the United
States;
(2) freedom of religion and expression; and
(3) due process in connection with disciplinary actions, suspensions, and expulsions.
1 So

in original. Probably should be ‘‘2005(c)’’.

§ 2017

TITLE 25—INDIANS

(Pub. L. 95–561, title XI, § 1136, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2056.)
PRIOR PROVISIONS
A prior section 2016, Pub. L. 95–561, title XI, § 1136, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 4010, related to recruitment of Indian educators,
prior to the general amendment of this chapter by Pub.
L. 107–110. See section 2014 of this title.
Another prior section 2016, Pub. L. 95–561, title XI,
§ 1136, Nov. 1, 1978, 92 Stat. 2327; Pub. L. 97–375, title II,
§ 208(b), Dec. 21, 1982, 96 Stat. 1825; Pub. L. 98–511, title
V, § 509, Oct. 19, 1984, 98 Stat. 2397; Pub. L. 99–89, § 7,
Aug. 15, 1985, 99 Stat. 383, related to annual reports to
Congressional committees and audits, prior to the general amendment of this chapter by Pub. L. 103–382.
A prior section 2016a, Pub. L. 100–297, title VI, § 6210,
Apr. 28, 1988, 102 Stat. 427, directed Assistant Secretary
of the Interior for Bureau of Indian Affairs to submit to
appropriate committees of Congress, the President, and
the Secretary by September 30 of every other year a report on education of Indian children, prior to repeal by
Pub. L. 100–427, § 27, Sept. 9, 1988, 102 Stat. 1614.

§ 2017. Regulations
(a) Promulgation
(1) In general
The Secretary may promulgate only such
regulations—
(A) as are necessary to ensure compliance
with the specific provisions of this chapter;
and
(B) as the Secretary is authorized to promulgate pursuant to section 2510 of this
title.1
(2) Publication
In promulgating the regulations, the Secretary shall—
(A) publish proposed regulations in the
Federal Register; and
(B) provide a period of not less than 120
days for public comment and consultation
on the regulations.
(3) Citation
The regulations shall contain, immediately
following each regulatory section, a citation
to any statutory provision providing authority
to promulgate such regulatory section.
(b) Miscellaneous
The provisions of this Act shall supersede any
conflicting provisions of law (including any conflicting regulations) in effect on the day before
the date of enactment of this Act and the Secretary is authorized to repeal any regulation inconsistent with the provisions of this Act.
(Pub. L. 95–561, title XI, § 1137, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2056.)
REFERENCES IN TEXT
This Act, referred to in subsec. (b), means Pub. L.
95–561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as
the Education Amendments of 1978. For complete classification of this Act to the Code, see Short Title of
1978 Amendment note set out under section 6301 of Title
20, Education, and Tables.
PRIOR PROVISIONS
A prior section 2017, Pub. L. 95–561, title XI, § 1137, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
1 So

in original. Probably should be section ‘‘2509’’.

Page 674

Stat. 4011; amended Pub. L. 105–244, title IX, § 901(d),
Oct. 7, 1998, 112 Stat. 1828; Pub. L. 105–362, title VIII,
§ 801(c)(4), Nov. 10, 1998, 112 Stat. 3288, related to biennial report, prior to the general amendment of this
chapter by Pub. L. 107–110. See section 2015 of this title.
Another prior section 2017, Pub. L. 95–561, title XI,
§ 1137, Nov. 1, 1978, 92 Stat. 2327, related to constitutional and civil rights of Indian children attending Bureau schools, prior to the general amendment of this
chapter by Pub. L. 103–382.

§ 2018. Regional meetings and negotiated rulemaking
(a) Regional meetings
Prior to publishing any proposed regulations
under subsection (b)(1) of this section, and prior
to establishing the negotiated rulemaking committee under subsection (b)(3) of this section,
the Secretary shall convene regional meetings
to consult with personnel of the Office of Indian
Education Programs, educators at Bureau
schools, and tribal officials, parents, teachers,
administrators, and school board members of
tribes served by Bureau-funded schools to provide guidance to the Secretary on the content of
regulations authorized to be promulgated under
this chapter and the Tribally Controlled Schools
Act of 1988 [25 U.S.C. 2501 et seq.].
(b) Negotiated rulemaking
(1) In general
Notwithstanding sections 563(a) and 565(a) of
title 5, the Secretary shall promulgate regulations authorized under subsection (a) of this
section and under the Tribally Controlled
Schools Act of 1988 [25 U.S.C. 2501 et seq.], in
accordance with the negotiated rulemaking
procedures provided for under subchapter III
of chapter 5 of title 5, and shall publish final
regulations in the Federal Register.
(2) Notification to Congress
If draft regulations implementing this chapter and the Tribally Controlled Schools Act of
1988 [25 U.S.C. 2501 et seq.] are not promulgated in final form within 18 months after
January 8, 2002, the Secretary shall notify the
appropriate committees of Congress of which
draft regulations were not promulgated in
final form by the deadline and the reason such
final regulations were not promulgated.
(3) Rulemaking committee
The Secretary shall establish a negotiated
rulemaking committee to carry out this subsection. In establishing such committee, the
Secretary shall—
(A) apply the procedures provided for
under subchapter III of chapter 5 of title 5 in
a manner that reflects the unique government-to-government relationship between
Indian tribes and the United States;
(B) ensure that the membership of the
committee includes only representatives of
the Federal Government and of tribes served
by Bureau-funded schools;
(C) select the tribal representatives of the
committee from among individuals nominated by the representatives of the tribal
and tribally operated schools;
(D) ensure, to the maximum extent possible, that the tribal representative member-

Page 675

TITLE 25—INDIANS

ship on the committee reflects the proportionate share of students from tribes served
by the Bureau-funded school system; and
(E) comply with the Federal Advisory
Committee Act (5 U.S.C. App.).
(4) Special rule
The Secretary shall carry out this section
using the general administrative funds of the
Department of the Interior. In accordance
with subchapter III of chapter 5 of title 5 and
section 7(d) of the Federal Advisory Committee Act, payment of costs associated with negotiated rulemaking shall include the reasonable expenses of committee members.
(c) Application of section
(1) Supremacy of provisions
The provisions of this section shall supersede any conflicting regulations in effect on
the day before the date of enactment of this
chapter, and the Secretary may repeal any
regulation that is inconsistent with the provisions of this chapter.
(2) Modifications
The Secretary may modify regulations promulgated under this section or the Tribally
Controlled Schools Act of 1988 [25 U.S.C. 2501
et seq.], only in accordance with this section.
(Pub. L. 95–561, title XI, § 1138, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2057.)
REFERENCES IN TEXT
The Tribally Controlled Schools Act of 1988, referred
to in subsecs. (a), (b)(1), (2), and (c)(2), is part B
(§ 5201–5212) of title V of Pub. L. 100–297, Apr. 28, 1988, 102
Stat. 385, as amended, which is classified generally to
chapter 27 (§ 2501 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 2501 of this title and Tables.
The Federal Advisory Committee Act, referred to in
subsec. (b)(3)(E), (4), is Pub. L. 92–463, Oct. 6, 1972, 86
Stat. 770, as amended, which is set out in the Appendix
to Title 5, Government Organization and Employees.
The date of enactment of this chapter, referred to in
subsec. (c)(1), probably means the date of enactment of
Pub. L. 107–110, which amended this chapter generally
and was approved Jan. 8, 2002.
PRIOR PROVISIONS
A prior section 2018, Pub. L. 95–561, title XI, § 1138, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 4011, related to rights of Indian students, prior to
the general amendment of this chapter by Pub. L.
107–110. See section 2016 of this title.
Another prior section 2018, Pub. L. 95–561, title XI,
§ 1138, Nov. 1, 1978, 92 Stat. 2327; Pub. L. 98–511, title V,
§ 510, Oct. 19, 1984, 98 Stat. 2397, related to regulations
implementing administrative provisions, prior to the
general amendment of this chapter by Pub. L. 103–382.

§ 2019. Early childhood development program
(a) In general
The Secretary shall provide grants to tribes,
tribal organizations, and consortia of tribes and
tribal organizations to fund early childhood development programs that are operated by such
tribes, organizations, or consortia.
(b) Amount of grants
(1) In general
The total amount of the grants provided
under subsection (a) of this section with re-

§ 2019

spect to each tribe, tribal organization, or
consortium of tribes or tribal organizations
for each fiscal year shall be equal to the
amount which bears the same relationship to
the total amount appropriated under the authority of subsection (g) of this section for
such fiscal year (less amounts provided under
subsection (f) of this section) as—
(A) the total number of children under 6
years of age who are members of—
(i) such tribe;
(ii) the tribe that authorized such tribal
organization; or
(iii) any tribe that—
(I) is a member of such consortium; or
(II) authorizes any tribal organization
that is a member of such consortium;
bears to
(B) the total number of all children under
6 years of age who are members of any tribe
that—
(i) is eligible to receive funds under subsection (a) of this section;
(ii) is a member of a consortium that is
eligible to receive such funds; or
(iii) authorizes a tribal organization that
is eligible to receive such funds.
(2) Limitation
No grant may be provided under subsection
(a) of this section—
(A) to any tribe that has less than 500
members;
(B) to any tribal organization which is authorized—
(i) by only one tribe that has less than
500 members; or
(ii) by one or more tribes that have a
combined total membership of less than
500 members; or
(C) to any consortium composed of tribes,
or tribal organizations authorized by tribes,
that have a combined total tribal membership of less than 500 members.
(c) Application
(1) In general
A grant may be provided under subsection
(a) of this section to a tribe, tribal organization, or consortium of tribes and tribal organizations only if the tribe, organization, or consortium submits to the Secretary an application for the grant at such time and in such
form as the Secretary shall prescribe.
(2) Contents
Applications submitted under paragraph (1)
shall set forth the early childhood development program that the applicant desires to
operate.
(d) Requirement of programs funded
The early childhood development programs
that are funded by grants provided under subsection (a) of this section—
(1) shall coordinate existing programs and
may provide services that meet identified
needs of parents and children under 6 years of
age which are not being met by existing programs, including—
(A) prenatal care;

§ 2020

TITLE 25—INDIANS
(B) nutrition education;
(C) health education and screening;
(D) family literacy services;
(E) educational testing; and
(F) other educational services;

(2) may include instruction in the language,
art, and culture of the tribe; and
(3) shall provide for periodic assessment of
the program.
(e) Coordination of family literacy programs
Family literacy programs operated under this
section and other family literacy programs operated by the Bureau of Indian Affairs shall be
coordinated with family literacy programs for
Indian children under part B of title I of the Elementary and Secondary Education Act of 1965
[20 U.S.C. 6361 et seq.] in order to avoid duplication and to encourage the dissemination of information on quality family literacy programs
serving 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

Page 676

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 preschool, 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

Page 677

TITLE 25—INDIANS

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, conditions, 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.].

§ 2021

(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
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 ad1 See

References in Text note below.

§ 2021

TITLE 25—INDIANS

ministrative 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 constituted local school authority having administrative control and direction of free public
education in a county, township, or independent or other school district located within a
State, and includes any State agency that directly operates and maintains facilities for
providing free public education.
(14) Local school board
The term ‘‘local school board’’, when used
with respect to a Bureau school, means a body
chosen in accordance with the laws of the
tribe to be served or, in the absence of such
laws, elected by the parents of the Indian children attending the school, except that, for a
school serving a substantial number of students from different tribes—
(A) the members of the body shall be appointed by the tribal governing bodies of the
tribes affected; and
(B) the number of such members shall be
determined by the Secretary in consultation
with the affected tribes.
(15) Office
The term ‘‘Office’’ means the Office of Indian Education Programs within the Bureau.
(16) Regulation
(A) In general
The term ‘‘regulation’’ means any part of
a statement of general or particular applicability of the Secretary designed to carry out,
interpret, or prescribe law or policy in carrying out this Act.
(B) Rule of construction
Nothing in subparagraph (A) or any other
provision of this chapter shall be construed
to prohibit the Secretary from issuing guidance, internal directives, or other documents similar to the documents found in the
Indian Affairs Manual of the Bureau of Indian Affairs.
(17) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(18) Supervisor
The term ‘‘supervisor’’ means the individual
in the position of ultimate authority at a Bureau school.
(19) Tribal governing body
The term ‘‘tribal governing body’’ means,
with respect to any school, the tribal govern-

Page 678

ing body, or tribal governing bodies, that represent at least 90 percent of the students
served by such school.
(20) Tribe
The term ‘‘tribe’’ means any Indian tribe,
band, nation, or other organized group or community, including an Alaska Native Regional
Corporation or Village Corporation (as defined
in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et
seq.]), which is recognized as eligible for the
special programs and services provided by the
United States to Indians because of their
status as Indians.
(Pub. L. 95–561, title XI, § 1141, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2061.)
REFERENCES IN TEXT
The Tribally Controlled Schools Act of 1988, referred
to in pars. (3)(C) and (6), is part B (§ 5201–5212) of title
V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, as
amended, which is classified generally to chapter 27
(§ 2501 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 2501 of this title and Tables.
Section 7801 of title 20, referred to in par. (9), was in
the original ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’, meaning section 8101 of
Pub. L. 89–10, which was translated as if it referred to
section 9101 of that Act to reflect the probable intent
of Congress, because section 8101 was repealed by Pub.
L. 107–110, title X, § 1011(5)(C), Jan. 8, 2002, 115 Stat. 1986,
and section 9101, as added by Pub. L. 107–110, title IX,
§ 901, Jan. 8, 2002, 115 Stat. 1956, defines ‘‘family literacy
services’’.
This Act, referred to in par. (16)(A), means Pub. L.
95–561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as
the Education Amendments of 1978. For complete classification of this Act to the Code, see Short Title of
1978 Amendment note set out under section 6301 of Title
20, Education, and Tables.
This chapter, referred to in par. (16)(B), was in the
original ‘‘this title’’, meaning title XI (§ 1101 et seq.) of
Pub. L. 95–561, as amended, which is classified principally to this chapter. For complete classification of
title XI to the Code, see Tables.
The Alaska Native Claims Settlement Act, referred
to in par. (20), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat.
688, as amended, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short
Title note set out under section 1601 of Title 43 and
Tables.
PRIOR PROVISIONS
A prior section 2021, Pub. L. 95–561, title XI, § 1141, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 4012, related to proration of pay, prior to the general amendment of this chapter by Pub. L. 107–110. See
section 2012 of this title.
Another prior section 2021, Pub. L. 95–561, title XI,
§ 1140A, formerly § 1141, as added Pub. L. 98–511, title V,
§ 512, Oct. 19, 1984, 98 Stat. 2398; renumbered § 1140A and
amended Pub. L. 99–89, § 9(a)(1), (b), Aug. 15, 1985, 99
Stat. 383, related to proration of pay, prior to the general amendment of this chapter by Pub. L. 103–382.
A prior section 2022, Pub. L. 95–561, title XI, § 1142, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 4012, related to extracurricular activities, prior to
the general amendment of this chapter by Pub. L.
107–110. See section 2012 of this title.
Another prior section 2022 and prior sections 2022a
and 2022b were omitted in the general amendment of
this chapter by Pub. L. 103–382.
Section 2022, Pub. L. 95–561, title XI, § 1140B, formerly
§ 1142, as added Pub. L. 98–511, title V, § 512, Oct. 19, 1984,

Page 679

TITLE 25—INDIANS

98 Stat. 2398; renumbered § 1140B, and amended Pub. L.
99–89, § 9(a)(1), (c), Aug. 15, 1985, 99 Stat. 383, related to
extracurricular activities.
Section 2022a, Pub. L. 95–561, title XI, § 1141, as added
Pub. L. 100–297, title V, § 5116(2), Apr. 28, 1988, 102 Stat.
381, related to early childhood development program.
Section 2022b, Pub. L. 95–561, title XI, § 1142, as added
Pub. L. 100–297, title V, § 5119, Apr. 28, 1988, 102 Stat. 383,
related to tribal departments of education.
A prior section 2023, Pub. L. 95–561, title XI, § 1143, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 4012; amended Pub. L. 106–554, § 1(a)(4) [div. B,
title XVI, § 1607(a)], Dec. 21, 2000, 114 Stat. 2763,
2763A–335, related to early childhood development program, prior to the general amendment of this chapter
by Pub. L. 107–110. See section 2019 of this title.
Another prior section 2023, Pub. L. 95–561, title XI,
§ 1143, as added Pub. L. 98–511, title V, § 512, Oct. 19, 1984,
98 Stat. 2398, related to employee housing, rental rates,
and waiver of rentals during non-session periods and
non-pay status, prior to repeal by Pub. L. 99–89, § 9(a)(2),
Aug. 15, 1985, 99 Stat. 383.
Prior sections 2024 to 2026 were omitted in the general
amendment of this chapter by Pub. L. 107–110.
Section 2024, Pub. L. 95–561, title XI, § 1144, as added
Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat.
4013; amended Pub. L. 105–244, title IX, § 901(d), Oct. 7,
1998, 112 Stat. 1828, related to tribal departments of
education. See section 2020 of this title.
Section 2025, Pub. L. 95–561, title XI, § 1145, as added
Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat.
4015, related to payments to grantees.
Section 2026, Pub. L. 95–561, title XI, § 1146, as added
Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat.
4015; amended Pub. L. 106–554, § 1(a)(4) [div. B, title XVI,
§ 1607(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–335, defined
terms. See section 2021 of this title.

CHAPTER 23—DEVELOPMENT OF TRIBAL
MINERAL RESOURCES
Sec.

2101.
2102.
2103.
2104.
2105.
2106.
2107.
2108.

Definitions.
Minerals Agreements.
Secretary’s determination on Minerals Agreements.
Secretary’s review of prior Minerals Agreements.
Effect of other provisions.
Assistance to tribes or individuals during
Minerals Agreement negotiations.
Regulations; consultation with Indian organizations; pending agreements.
Tribal right to develop mineral resources.

§ 2101. Definitions
For the purposes of this chapter, the term—
(1) ‘‘Indian’’ means any individual Indian or
Alaska Native who owns land or interests in
land the title to which is held in trust by the
United States or is subject to a restriction
against alienation imposed by the United
States;
(2) ‘‘Indian tribe’’ means any Indian tribe,
band, nation, pueblo, community, rancheria,
colony, or other group which owns land or interests in land title to which is held in trust
by the United States or is subject to a restriction against alienation imposed by the United
States; and
(3) ‘‘Secretary’’ means the Secretary of the
Interior.
(Pub. L. 97–382, § 2, Dec. 22, 1982, 96 Stat. 1938.)
SHORT TITLE
Section 1 of Pub. L. 97–382 provided: ‘‘That this Act
[enacting this chapter] may be cited as the ‘Indian Mineral Development Act of 1982’.’’

§ 2103

§ 2102. Minerals Agreements
(a) Authorization for tribes; approval by Secretary
Any Indian tribe, subject to the approval of
the Secretary and any limitation or provision
contained in its constitution or charter, may
enter into any joint venture, operating, production sharing, service, managerial, lease or other
agreement, or any amendment, supplement or
other modification of such agreement (hereinafter referred to as a ‘‘Minerals Agreement’’)
providing for the exploration for, or extraction,
processing, or other development of, oil, gas,
uranium, coal, geothermal, or other energy or
nonenergy mineral resources (hereinafter referred to as ‘‘mineral resources’’) in which such
Indian tribe owns a beneficial or restricted interest, or providing for the sale or other disposition of the production or products of such mineral resources.
(b) Inclusion of individual holdings; approval by
parties and Secretary
Any Indian owning a beneficial or restricted
interest in mineral resources may include such
resources in a tribal Minerals Agreement subject to the concurrence of the parties and a finding by the Secretary that such participation is
in the best interest of the Indian.
(Pub. L. 97–382, § 3, Dec. 22, 1982, 96 Stat. 1938.)
§ 2103. Secretary’s determination on Minerals
Agreements
(a) Time; enforcement
The Secretary shall approve or disapprove any
Minerals Agreement submitted to him for approval within (1) one hundred and eighty days
after submission or (2) sixty days after compliance, if required, with section 4332(2)(C) of title
42 or any other requirement of Federal law,
whichever is later. Any party to such an agreement may enforce the provisions of this subsection pursuant to section 1361 of title 28.
(b) Factors for consideration; extent of required
study
In approving or disapproving a Minerals
Agreement, the Secretary shall determine if it
is in the best interest of the Indian tribe or of
any individual Indian who may be party to such
agreement and shall consider, among other
things, the potential economic return to the
tribe; the potential environmental, social, and
cultural effects on the tribe; and provisions for
resolving disputes that may arise between the
parties to the agreement: Provided, That the
Secretary shall not be required to prepare any
study regarding environmental, socioeconomic,
or cultural effects of the implementation of a
Minerals Agreement apart from that which may
be required under section 4332(2)(C) of title 42.
(c) Prior notice of proposed finding; privileged
information
Not later than thirty days prior to formal approval or disapproval of any Minerals Agreement, the Secretary shall provide written findings forming the basis of his intent to approve
or disapprove such agreement to the affected Indian tribe. Notwithstanding any other law, such