BIE Accepting Gifts

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TITLE 25—INDIANS

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 paragraph 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 by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
EFFECTIVE DATE
Section 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.

§ 2006

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
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. 5301 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) 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

§ 2007

TITLE 25—INDIANS

(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 appropriated 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

Page 376

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.
(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, which is classified principally
to chapter 46 (§ 5301 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 5301 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.
EFFECTIVE DATE
Section 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.

§ 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