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25 U.S.C. § 2002 — National criteria for home-living situations

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2002 — National criteria for home-living situations

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Source file: Laws/federal/codes/united-states-code/title-25/section-2002-national-criteria-for-home-living-situations--2528b49e40.md
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Source location: Title 25, Chapter 22, § 2002; chapter-022-bureau-of-indian-affairs-programs.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2017&num=0&edition=prelim). **(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 Bureau-funded 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; (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). (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.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6301 — Agreements and records

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2510&num=0&edition=prelim).11 So in original. Probably should be section “2509”. (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.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2017&num=0&edition=prelim), 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; (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2001&num=0&edition=prelim); and (E) such other relevant factors as the Secretary determin

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2002 — National criteria for home-living situa-

Page 403 TITLE 25—INDIANS § 2002 Short Title note set out under section 5301 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, which is classified generally to chapter 27 (§ 2501 et seq.) of this title. Sections 5204 and 5207 of the Act were clas- sified 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, re- lating to subject matter similar to that of former sec- tions 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 Assist- ance Act, referred to in subsec. (e)(4)(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 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; re- numbered 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

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