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25 U.S.C. § 2011 — Policy for Indian control of Indian education
Federal law — U.S. Code and appendices · legal_authorities
**(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.
(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2011
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Stable record: federal_law:legal_authorities:record_usc_275e9f9b5bc2d3a1de9a2744
Source file: Laws/federal/codes/united-states-code/title-25/section-2011-policy-for-indian-control-of-indian-education--5841e8d895.md
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Source location: Title 25, Chapter 22, § 2011; chapter-022-bureau-of-indian-affairs-programs.md
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**(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.
(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).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process.
**(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6301
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2000
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(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**
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2008
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Federal law — U.S. Code and appendices · legal_authorities
**(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)).
**(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); 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-ca
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2012
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than 1 year after July 29, 2010, the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services shall develop and enter into a Memorandum of Agreement which shall, among other things—
(1) determine and define the scope of the problem of alcohol and substance abuse for Indian tribes and their members and its financial and human costs, and specifically identify such problems affecting Indian youth,
(2) identify—
(A) the resources and programs of the Bureau of Indian Affairs, Office of Justice Programs, Substance Abuse and Mental Health Services Administration, and Indian Health Service, and
(B) other Federal, tribal, State and local, and private resources and programs,
which would be relevant to a coordinated effort to combat alcohol and substance abuse among Indian people, including those programs and resources made available by this chapter,
(3) develop and establish appropriate minimum standards for each agency’s program responsibilities under the Memorandum of Agreement which may be—
(A) the existing Federal or State standards in effect, or
(B) in the absence of such standards, new standards which will be developed and established in consultation with Indian tribes,
(4) coordinate the Bureau of Indian Affairs, Department of Justice, Substance Abuse and Mental Health Services Administration, and Indian Health Service alcohol and substance abuse programs existing on October 27, 1986, with programs or efforts established by this chapter,
(5) delineate the responsibilities of the Bureau of Indian Affairs, Department of Justice, Substance Abuse and Mental Health Services Administration, and the Indian Health Service to coordinate alcohol and substance abuse-related services at the central,
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2411
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of retention categories for purposes of reduction-in-force procedures** For purposes of applying reduction-in-force procedures under subsection (a) of [section 3502 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3502&num=0&edition=prelim) with respect to positions within the Bureau of Indian Affairs and the Indian Health Service, the competitive and excepted service retention registers shall be combined, and any employee entitled to Indian preference who is within a retention category established under regulations prescribed under such subsection to provide due effect to military preference shall be entitled to be retained in preference to other employees not entitled to Indian preference who are within such retention category.
**(b) Reassignment of employees other than to positions in higher grades; authority to make determinations respecting**
(1) The Indian preference laws shall not apply in the case of any reassignment within the Bureau of Indian Affairs or within the Indian Health Service (other than to a position in a higher grade) of an employee not entitled to Indian preference if it is determined that under the circumstances such reassignment is necessary—
(A) to assure the health or safety of the employee or of any member of the employee’s household;
(B) in the course of a reduction in force; or
(C) because the employee’s working relationship with a tribe has so deteriorated that the employee cannot provide effective service for such tribe or the Federal Government.
(2) The authority to make any determination under subparagraph (A), (B), or (C) of paragraph (1) is vested in the Secretary of the Interior with respect to the Bureau of Indian Affairs and the Secretary of Health and Human Serv
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5117
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Federal law — U.S. Code and appendices · legal_authorities
Page 419
TITLE 25—INDIANS
§ 2011
(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 appro-
priate 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 dis-
trict that meets the requirements of para-
graph (2) and involves the school.
(B) Terms
The tribe, the Bureau, the school board,
and the local public school district shall de-
termine 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 coordi-
nation 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 procure-
ment and facilities maintenance.
(C) Transportation.
(3) Equal benefit and burden
(A) In general
Each agreement entered into under para-
graph (1) shall confer a benefit upon the Bu-
reau 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 be-
tween the superintendent and the school board
of a Bureau-funded school, the produc
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 2011
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