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25 U.S.C. § 2502 — Grants authorized

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25 U.S.C. § 2502 — Grants authorized

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Source location: Title 25, Chapter 27, § 2502; chapter-027-tribally-controlled-school-grants.md

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**(a) In general** (1) **Eligibility** — The Secretary shall provide grants to Indian tribes, and tribal organizations that— (A) operate contract schools under title XI of the Education Amendments of 1978 [[25 U.S.C. 2000](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2000&num=0&edition=prelim) et seq.] and notify the Secretary of their election to operate the schools with assistance under this chapter rather than continuing the schools as contract schools; (B) operate other tribally controlled schools eligible for assistance under this chapter and submit applications (which are approved by their tribal governing bodies) to the Secretary for such grants; or (C) elect to assume operation of Bureau-funded schools with the assistance under this chapter and submit applications (which are approved by their tribal governing bodies) to the Secretary for such grants. (2) **Deposit of funds** — Grants provided under this chapter shall be deposited into the general operating fund of the tribally controlled school with respect to which the grant is made. (3) **Use of funds** (A) *In general* — Except as otherwise provided in this paragraph, grants provided under this chapter shall be used to defray, at the discretion of the school board of the tribally controlled school with respect to which the grant is provided, any expenditures for education related activities for which any funds that compose the grant may be used under the laws described in [section 2504(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2504/a&num=0&edition=prelim), including expenditures for— (i) school operations, academic, educational, residential, guidance and counseling, and administrative purposes; and (ii) support services for the school, including transportation. (B) *Exception* — Grants provided under this chapter may, at the discretion of the school board of the tribally controlled school with respect to which such grant is provided, be used to defray operations and maintenance expenditures for the school if any funds for the operation and maintenance of the school are allocated to the school under the provisions of any of the laws described in [section 2504(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2504/a&num=0&edition=prelim). **(b) Limitations** (1) **One grant per tribe or organization per fiscal year** — Not more than one grant may be provided under this chapter with respect to any Indian tribe or tribal organization for any fiscal year. (2) **Nonsectarian use** — Funds provided under any grant made under this chapter may not be used in connection with religious worship or sectarian instruction. (3) **Administrative costs limitation** — Funds provided under any grant under this chapter may not be expended for administrative costs (as defined in section 1128(h)(1) of the Education Amendments of 1978 [[25 U.S.C. 2008(h)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2008/h/1&num=0&edition=prelim)]) in excess of the amount generated for such costs under section 1128 of such Act. **(c) Limitation on transfer of funds among school sites** (1) **In general** — In the case of a grantee that operates schools at more than one school site, the grantee may expend at any school site operated by the grantee not more than the lesser of— (A) 10 percent of the funds allocated for another school site under section 1128 of the Education Amendments of 1978 [[25 U.S.C. 2008](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2008&num=0&edition=prelim)]; or (B) $400,000 of the funds allocated for another school site. (2) **Definition of school site** — For purposes of this subsection, the term “school site” means the physical location and the facilities of an elementary or secondary educational or residential program operated by, or under contract or grant with, the Bureau for which a discreet 11 So in original. Probably should be “discrete”. student count is identified under the funding formula established under section 1127 of the Education Amendments of 1978 [[25 U.S.C. 2007](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2007&num=0&edition=prelim)]. **(d) No requirement to accept grants** Nothing in this chapter may be construed— (1) to require a tribe or tribal organization to apply for or accept; or (2) to allow any person to coerce any tribe or tribal organization to apply for, or accept, a grant under this chapter to plan, conduct, and administer all of, or any portion of, any Bureau program. Such applications and the timing of such applications shall be strictly voluntary. Nothing in this chapter may be construed as allowing or requiring any grant with any entity other than the entity to which the grant is provided. **(e) No effect on Federal responsibility** Grants provided under this chapter shall not terminate, modify, suspend, or reduce the responsibility of the Federal Government to provide a program. **(f) Retrocession** (1) **In general** — Whenever a tribal governing body requests retrocession of any program for which assistance is provided under this chapter, such retrocession shall become effective upon a date specified by the Secretary that is not later than 120 days after the date on which the tribal governing body requests the retrocession. A later date may be specified if mutually agreed upon by the Secretary and the tribal governing body. If such a program is retroceded, the Secretary shall provide to any Indian tribe served by such program at least the same quantity and quality of services that would have been provided under such program at the level of funding provided under this chapter prior to the retrocession. (2) **Status after retrocession** — The tribe requesting retrocession shall specify whether the retrocession is to status as a Bureau-operated school or as a school operated under contract under the Indian Self-Determination and Education Assistance Act [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.]. (3) **Transfer of equipment and materials** — Except as otherwise determined by the Secretary, the tribe or tribal organization operating the program to be retroceded must transfer to the Secretary (or to the tribe or tribal organization which will operate the program as a contract school) the existing equipment and materials which were acquired— (A) with assistance under this chapter; or (B) upon assumption of operation of the program under this chapter, if the school was a Bureau-funded school under title XI of the Education Amendments of 1978 [[25 U.S.C. 2000](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2000&num=0&edition=prelim) et seq.] before receiving assistance under this chapter. **(g) Prohibition of termination for administrative convenience** Grants provided under this chapter may not be terminated, modified, suspended, or reduced solely for the convenience of the administering agency.

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

25 U.S.C. § 2008 — Administrative cost grants

**(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**

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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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25 U.S.C. § 5301 — Application of other sections of this chapter

**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter. **(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.

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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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25 U.S.C. § 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.

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25 U.S.C. § 2501 — Declaration of policy

**(a) Recognition** Congress recognizes that the Indian Self-Determination and Education Assistance Act [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.], which was a product of the legitimate aspirations and a recognition of the inherent authority of Indian nations, was and is a crucial positive step toward tribal and community control and that the United States has an obligation to assure maximum Indian participation in the direction of educational services so as to render the persons administering such services and the services themselves more responsive to the needs and desires of Indian communities. **(b) Commitment** Congress declares its commitment to the maintenance of the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children through the establishment of a meaningful Indian self-determination policy for education that will deter further perpetuation of Federal bureaucratic domination of programs. **(c) National goal** Congress declares that a national goal of the United States is to provide the resources, processes, and structure that will enable tribes and local communities to obtain the quantity and quality of educational services and opportunities that will permit Indian children— (1) to compete and excel in areas of their choice; and (2) to achieve the measure of self-determination essential to their social and economic well-being. **(d) Educational needs** Congress affirms— (1) true self-determination in any society of people is dependent upon an educational process that will ensure the development of qualified people to fulfill meaningful leadership roles; (2) that Indian people hav

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25 U.S.C. § 2503 — Composition of grants

**(a) In general** The grant provided under this chapter to an Indian tribe or tribal organization for any fiscal year shall consist of— (1) the total amount of funds allocated for such fiscal year under sections 1127 and 1128 of the Education Amendments of 1978 [[25 U.S.C. 2007](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2007&num=0&edition=prelim), 2008] with respect to the tribally controlled schools eligible for assistance under this chapter which are operated by such Indian tribe or tribal organization, including, but not limited to, funds provided under such sections, or under any other provision of law, for transportation costs; (2) to the extent requested by such Indian tribe or tribal organization, the total amount of funds provided from operations and maintenance accounts and, notwithstanding [section 5324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324&num=0&edition=prelim), or any other provision of law, other facilities accounts for such schools for such fiscal year (including but not limited to those referenced under section 1126(d) of the Education Amendments of 1978 [[25 U.S.C. 2006(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2006/d&num=0&edition=prelim)] or any other law); and (3) the total amount of funds that are allocated to such schools for such fiscal year under— (A) title I of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6301&num=0&edition=prelim) et seq.]; (B) the Individuals with Disabilities Education Act [[20 U.S.C. 1400](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1400&num=0&edition=prelim)

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25 U.S.C. § 2000 — Declaration of policy

Page 395 TITLE 25—INDIANS § 2000 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 re- designated 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 jus- tice of the highest court of appeal, and the at- torney general of each State a copy of this chap- ter, together with committee reports and an ex- planation 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 applica- bility thereof is held invalid, the remaining pro- visions 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. Declaration of policy. 2001. Accreditation for the basic education of In- dian children in Bureau of Indian Affairs schools. 2002. National criteria for home-living situations. 2003. Codification of regulations. 2004. School boundaries. 2005. Facilities construction. 2006. Bureau of Indian Affairs education functions. 2007. Allotment formula. 2008. Administrative cost grants. 2009. Division of Budget Analysis. 2010. Uniform direct funding and support. 2011. Policy for Indian control of Indian e

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25 U.S.C. § 2007 — Allotment formula

Page 410 TITLE 25—INDIANS § 2007 particular schools or designated Bureau-oper- ated education programs, including, in appro- priate cases, the establishment and adminis- tration 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 be- quest, 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.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c), means Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143, known as the Edu- cation Amendments of 1978. For complete classification of this Act to the Code, see Short Title of 1978 Amend- ment note set out under section 6301 of Title 20, Edu- cation, and Tables. The Indian Self-Determination and Education Assist- ance 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 adde

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

25 U.S.C. § 2008 — Administrative cost grants

Page 412 TITLE 25—INDIANS § 2008 2 So in original. Probably should be section ‘‘2010’’. (f) Eligible Indian student defined In this section, the term ‘‘eligible Indian stu- dent’’ 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 pro- grams 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-res- ervation home-living school; and (3) is enrolled in a Bureau-funded school. (g) Tuition (1) In general No eligible Indian student or a student at- tending 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 Bu- reau schools The Secretary may permit the attendance at a Bureau school of a student who is not an eli- gible Indian student if— (A) the Secretary determines that the stu- dent’s attendance will not adversely affect the school’s program for eligible Indian stu- dents because of cost, overcrowding, or vio- lation of standards or accreditation; (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-dis- trict students and shall be in addition to the school’s allocation under this section. (3) Attendance of non-Indian students at con- tract and grant schools The school board of a contract or grant school may permit students who are not eligi- ble In

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