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25 U.S.C. § 2504 — Eligibility for grants
Federal law — U.S. Code and appendices · legal_authorities
**(a) Rules**
(1) **In general** — A tribally controlled school is eligible for assistance under this chapter if the school—
(A) on April 28, 1988, was a contract 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.] and the tribe or tribal organization operating the school submits to the Secretary a written notice of election to receive a grant under this chapter;
(B) was a Bureau-operated 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.] and has met the requirements of subsection (b);
(C) is a school for which the Bureau has not provided funds, but which has met the requirements of subsection (c); or
(D) is a school with respect to which an election has been made under paragraph (2) and which has met the requirements of subsection (b).
(2) **New schools** — Any application which has been submitted 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.] by an Indian tribe for a school which is not in operation on January 8, 2002, shall be reviewed under the guidelines and regulations for applications submitted under the Indian Self-Determination and Education Assistance Act that were in effect at the time the application was submitted, unless the Indian tribe or tribal organization elects to have the application reviewed under the provisions of subsection (b).
**(b) Additional requirements for Bureau-funded schools and certain electing schools**
(1)
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Source location: Title 25, Chapter 27, § 2504; chapter-027-tribally-controlled-school-grants.md
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**(a) Rules**
(1) **In general** — A tribally controlled school is eligible for assistance under this chapter if the school—
(A) on April 28, 1988, was a contract 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.] and the tribe or tribal organization operating the school submits to the Secretary a written notice of election to receive a grant under this chapter;
(B) was a Bureau-operated 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.] and has met the requirements of subsection (b);
(C) is a school for which the Bureau has not provided funds, but which has met the requirements of subsection (c); or
(D) is a school with respect to which an election has been made under paragraph (2) and which has met the requirements of subsection (b).
(2) **New schools** — Any application which has been submitted 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.] by an Indian tribe for a school which is not in operation on January 8, 2002, shall be reviewed under the guidelines and regulations for applications submitted under the Indian Self-Determination and Education Assistance Act that were in effect at the time the application was submitted, unless the Indian tribe or tribal organization elects to have the application reviewed under the provisions of subsection (b).
**(b) Additional requirements for Bureau-funded schools and certain electing schools**
(1) **Bureau-funded schools** — A school that 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.] on January 8, 2002, and any school with respect to which an election is made under subsection (a)(2), meets the requirements of this subsection if—
(A) the Indian tribe or tribal organization that operates, or desires to operate, the school submits to the Secretary an application requesting that the Secretary—
(i) transfer operation of the school to the Indian tribe or tribal organization, if the Indian tribe or tribal organization is not already operating the school; and
(ii) make a determination as to whether the school is eligible for assistance under this chapter; and
(B) the Secretary makes a determination that the school is eligible for assistance under this chapter.
(2) **Certain electing schools**
(A) *In general* — By not later than the date that is 120 days after the date on which an application is submitted to the Secretary under paragraph (1)(A), the Secretary shall determine—
(i) in the case of a school which is not being operated by the Indian tribe or tribal organization, whether to transfer operation of the school to the Indian tribe or tribal organization; and
(ii) whether the school is eligible for assistance under this chapter.
(B) *Other determinations* — In considering applications submitted under paragraph (1)(A), the Secretary—
(i) shall transfer operation of the school to the Indian tribe or tribal organization, if the tribe or tribal organization is not already operating the school; and
(ii) shall determine that the school is eligible for assistance under this chapter, unless the Secretary finds by clear and convincing evidence that the services to be provided by the Indian tribe or tribal organization will be deleterious to the welfare of the Indians served by the school.
(C) *Considerations* — In considering applications submitted under paragraph (1)(A), the Secretary shall consider whether the Indian tribe or tribal organization would be deficient in operating the school with respect to—
(i) equipment;
(ii) bookkeeping and accounting procedures;
(iii) ability to adequately manage a school; or
(iv) adequately trained personnel.
**(c) Additional requirements for a school which is not a Bureau-funded school**
(1) **In general** — A school which is not 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.] meets the requirements of this subsection if—
(A) the Indian tribe or tribal organization that operates, or desires to operate, the school submits to the Secretary an application requesting a determination by the Secretary as to whether the school is eligible for assistance under this chapter; and
(B) the Secretary makes a determination that a school is eligible for assistance under this chapter.
(2) **Deadline for determination by Secretary**
(A) *In general* — By not later than the date that is 180 days after the date on which an application is submitted to the Secretary under paragraph (1)(A), the Secretary shall determine whether the school is eligible for assistance under this chapter.
(B) *Considerations* — In making the determination under subparagraph (A), the Secretary shall give equal consideration to each of the following factors:
(i) With respect to the applicant’s proposal—
(I) the adequacy of facilities or the potential to obtain or provide adequate facilities;
(II) geographic and demographic factors in the affected areas;
(III) adequacy of the applicant’s program plans;
(IV) geographic proximity of comparable public education; and
(V) the needs as expressed by all affected parties, including but not limited to students, families, tribal governments at both the central and local levels, and school organizations.
(ii) With respect to all education services already available—
(I) geographic and demographic factors in the affected areas;
(II) adequacy and comparability of programs already available;
(III) consistency of available programs with tribal education codes or tribal legislation on education; and
(IV) the history and success of these services for the proposed population to be served, as determined from all factors including, if relevant, standardized examination performance.
(C) *Geographic proximity* — The Secretary may not make a determination under this paragraph that is primarily based upon the geographic proximity of comparable public education.
(D) *Other information* — Applications submitted under paragraph (1)(A) shall include information on the factors described in subparagraph (B)(i), but the applicant may also provide the Secretary such information relative to the factors described in subparagraph (B)(ii) as the applicant considers appropriate.
(E) *Deadline* — If the Secretary fails to make a determination under subparagraph (A) with respect to an application within 180 days after the date on which the Secretary received the application, the Secretary shall be treated as having made a determination that the tribally controlled school is eligible for assistance under the title 11 See References in Text note below. and the grant shall become effective 18 months after the date on which the Secretary received the application, or on an earlier date, at the Secretary’s discretion.
**(d) Filing of applications and reports**
(1) **In general** — All applications and reports submitted to the Secretary under this chapter, and any amendments to such applications or reports, shall be filed with the education line officer designated by the Director of the Office of Indian Education Programs of the Bureau of Indian Affairs. The date on which such filing occurs shall, for purposes of this chapter, be treated as the date on which the application or amendment was submitted to the Secretary.
(2) **Supporting documentation** — Any application that is submitted under this chapter shall be accompanied by a document indicating the action taken by the tribal governing body in authorizing such application.
**(e) Effective date for approved applications** Except as provided by subsection (c)(2)(E), a grant provided under this chapter, and any transfer of the operation of a Bureau school made under subsection (b), shall become effective beginning the academic year succeeding the fiscal year in which the application for the grant or transfer is made, or at an earlier date determined by the Secretary.
**(f) Denial of applications**
(1) **In general** — Whenever the Secretary refuses to approve a grant under this chapter, to transfer operation of a Bureau school under subsection (b), or determines that a school is not eligible for assistance under this chapter, the Secretary shall—
(A) state the objections in writing to the tribe or tribal organization within the allotted time;
(B) provide assistance to the tribe or tribal organization to overcome all stated objections;
(C) at the request of the tribe or tribal organization, provide the tribe or tribal organization a hearing on the record under the same rules and regulations that apply 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.]; and
(D) provide an opportunity to appeal the objection raised.
(2) **Timeline for reconsideration of amended applications** — The Secretary shall reconsider any amended application submitted under this chapter within 60 days after the amended application is submitted to the Secretary.
**(g) Report** The Bureau shall submit an annual report to the Congress on all applications received, and actions taken (including the costs associated with such actions), under this section at the same time that the President is required to submit to Congress the budget under [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(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)
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2503
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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
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5301
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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) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2501
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following:
(1) information on activities and functions of the Government.
(2) when practicable, information on costs and achievements of Government programs.
(3) other desirable classifications of information.
(4) a reconciliation of the summary information on expenditures with proposed appropriations.
(5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year.
(6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under—
(A) laws in effect when the budget is submitted; and
(B) proposals in the budget to increase revenues.
(7) appropriations, expenditures, and receipts of the Government in the prior fiscal year.
(8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year.
(9) balanced statements of the—
(A) condition of the Treasury at the end of the prior fiscal year;
(B) estimated condition of the Treasury at the end of the current fiscal year; and
(C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted.
(10) essential information about the debt of the Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** If the Secretary determines that a tribally controlled school is eligible for assistance under this chapter, the eligibility determination shall remain in effect until the determination is revoked by the Secretary, and the requirements of subsection (b) or (c) of [section 2504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2504&num=0&edition=prelim), if applicable, shall be considered to have been met with respect to such school until the eligibility determination is revoked by the Secretary.
**(b) Annual reports**
(1) **In general** — Each recipient of a grant provided under this chapter shall complete an annual report which shall be limited to—
(A) an annual financial statement reporting revenue and expenditures as defined by the cost accounting established by the grantee;
(B) an annual financial audit conducted pursuant to the standards of the Single Audit Act of 1984 [[31 U.S.C. 7501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section7501&num=0&edition=prelim) et seq.];
(C) a biennial compliance audit of the procurement of personal property during the period for which the report is being prepared that shall be in compliance with written procurement standards that are developed by the local school board;
(D) an annual submission to the Secretary of the number of students served and a brief description of programs offered under the grant; and
(E) a program evaluation conducted by an impartial evaluation review team, to be based on the standards established for purposes of subsection (c)(1)(A)(ii).11 So in original. Probably should be subsection “(c)(1)(B)(ii).”
(2) **Evaluation review teams** — Where appropriate, other tribally controlled schools and representati
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2505
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 2000
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Federal law — U.S. Code and appendices · legal_authorities
Page 489
TITLE 25—INDIANS
§ 2504
to chapter 22 (§ 2000 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 6301 of Title 20, Education,
and Tables.
Section 1124 of the Education Amendments of 1978 (25
U.S.C. 2005(a)), referred to in subsec. (b)(4)(B)(iii), prob-
ably should be section 1125 of the Education Amend-
ments of 1978, Pub. L. 95–561, which is classified to sec-
tion 2005 of this title and requires, in subsec. (b), com-
pliance with health and safety standards. Section 1124
of Pub. L. 95–561, which is classified to section 2004 of
this title, relates to school boundaries.
PRIOR PROVISIONS
A prior section 2503, Pub. L. 100–297, title V, § 5204,
Apr. 28, 1988, 102 Stat. 386; Pub. L. 100–427, § 10(a), (b),
Sept. 9, 1988, 102 Stat. 1607; Pub. L. 102–119, § 26(f), Oct.
7, 1991, 105 Stat. 607; Pub. L. 103–382, title III, § 394(m)(1),
Oct. 20, 1994, 108 Stat. 4029, authorized grants, prior to
repeal by Pub. L. 107–110, title X, § 1043, Jan. 8, 2002, 115
Stat. 2063. See section 2502 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 8, 2002, except with respect to
certain noncompetitive programs and competitive pro-
grams, see section 5 of Pub. L. 107–110, set out as a note
under section 6301 of Title 20, Education.
§ 2504. Eligibility for grants
(a) Rules
(1) In general
A tribally controlled school is eligible for as-
sistance under this chapter if the school—
(A) on April 28, 1988, was a contract school
under title XI of the Education Amendments
of 1978 [25 U.S.C. 2000 et seq.] and the tribe or
tribal organization operating the school sub-
mits to the Secretary a written notice of
election to receive a grant under this chap-
ter;
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 2504
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 709
TITLE 25—INDIANS
§ 5301
Sec.
5325.
Contract funding and indirect costs.
5326.
Indian Health Service: availability of
funds for Indian self-determination or
self-governance contract or grant sup-
port costs.
5327.
Department of the Interior: availability
of funds for Indian self-determination
or self-governance contract or grant
support costs.
5328.
Rules and regulations.
5329.
Contract or grant specifications.
5330.
Rescission of contract or grant and as-
sumption of control of program, etc.;
authority; grounds; procedure; correc-
tion of violation as prerequisite to new
contract or grant agreement; construc-
tion with occupational safety and
health requirements.
5331.
Contract disputes and claims.
5332.
Sovereign
immunity
and
trusteeship
rights unaffected.
SUBCHAPTER II—CONTRACTS WITH STATES
5341.
Donations for Indians; use of gifts; an-
nual report to Congress.
5342.
Contracts for education, medical atten-
tion, relief and social welfare of Indi-
ans.
5343.
Use of Government property by States
and Territories.
5344.
Rules and regulations; minimum stand-
ards of service.
5345.
Contracts
for
education
in
public
schools; submission of education plan
by contractor as prerequisite; criteria
for approval of plan by Secretary of
the Interior; participation by non-In-
dian students.
5346.
Local committee of Indian parents in
school districts having school boards
composed of non-Indian majority.
5347.
Reimbursement to school districts for
educating non-resident students.
5348.
Computation of student count.
SUBCHAPTER III—INDIAN EDUCATION
ASSISTANCE
5351.
School construction, acquisition, or ren-
ovation contracts.
5352.
General education contract and grant
provisions and requirements; school
district qua
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5301
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 5301. This identifies an authority to review, not proof of applicability.