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25 U.S.C. § 2505 — Duration of eligibility determination

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

25 U.S.C. § 2505 — Duration of eligibility determination

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Source location: Title 25, Chapter 27, § 2505; chapter-027-tribally-controlled-school-grants.md

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**(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 representatives of tribally controlled community colleges shall make up members of the evaluation review teams. (3) **Evaluations** — In the case of a school which is accredited, evaluations will be conducted at intervals under the terms of accreditation. (4) **Submission of report** (A) *To tribal governing body* — Upon completion of the report required under paragraph (1), the recipient of the grant shall send (via first class mail, return receipt requested) a copy of such annual report to the tribal governing body (as defined in [section 2012(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2012/f&num=0&edition=prelim)) of the tribally controlled school. (B) *To Secretary* — Not later than 30 days after receiving written confirmation that the tribal governing body has received the report sent pursuant to subparagraph (A), the recipient of the grant shall send a copy of the report to the Secretary. **(c) Revocation of eligibility** (1) **Determination of eligibility for assistance** — The Secretary shall not revoke a determination that a school is eligible for assistance under this chapter if— (A) the Indian tribe or tribal organization submits the reports required under subsection (b) with respect to the school; and (B) at least one of the following clauses applies with respect to the school: (i) The school is certified or accredited by a State or regional accrediting association or is a candidate in good standing for such accreditation under the rules of the State or regional accrediting association, showing that credits achieved by the students within the education programs are, or will be, accepted at grade level by a State certified or regionally accredited institution. (ii) The Secretary determines that there is a reasonable expectation that the certification or accreditation described in clause (i), or candidacy in good standing for such certification or accreditation, will be achieved by the school within 3 years. The school seeking accreditation shall remain under the standards of the Bureau in effect on January 8, 2002, until such time as the school is accredited, except that if the Bureau standards are in conflict with the standards of the accrediting agency, the standards of such agency shall apply in such case. (iii) The school is accredited by a tribal department of education if such accreditation is accepted by a generally recognized regional or State accreditation agency. (iv) (I) With respect to a school that lacks accreditation, or that is not a candidate for accreditation, based on circumstances that are not beyond the control of the school board, every 3 years an impartial evaluator agreed upon by the Secretary and the grant recipient conducts evaluations of the school, and the school receives a positive assessment under such evaluations. The evaluations are conducted under standards adopted by a contractor under a contract for the school entered into 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.] (or revisions of such standards agreed to by the Secretary and the grant recipient) prior to January 8, 2002. (II) If the Secretary and a grant recipient other than a tribal governing body fail to agree on such an evaluator, the tribal governing body shall choose the evaluator or perform the evaluation. If the Secretary and a grant recipient that is a tribal governing body fail to agree on such an evaluator, subclause (I) shall not apply. (III) A positive assessment by an impartial evaluator under this clause shall not affect the revocation of a determination of eligibility by the Secretary where such revocation is based on circumstances that were within the control of the school board. (2) **Notice requirements for revocation** — The Secretary shall not revoke a determination that a school is eligible for assistance under this chapter, or reassume control of a school that was a Bureau school prior to approval of an application submitted under section 2505(b)(1)(A) 22 So in original. Probably should be section “2504(b)(1)(A)”. of this title until the Secretary— (A) provides notice to the tribally controlled school and the tribal governing body (within the meaning of [section 2021 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2021&num=0&edition=prelim)) of the tribally controlled school which states— (i) the specific deficiencies that led to the revocation or resumption determination; and (ii) the actions that are needed to remedy such deficiencies; and (B) affords such authority an opportunity to effect the remedial actions. (3) **Technical assistance** — The Secretary shall provide such technical assistance to enable the school and governing body to carry out such remedial actions. (4) **Hearing and appeal** — In addition to notice and technical assistance under this subsection, the Secretary shall provide to the school and governing body— (A) at the request of the school or governing body, a hearing on the record regarding the revocation or reassumption determination, to be conducted under the rules and regulations described in section 2505(f)(1)(C) 33 So in original. Probably should be section “2504(f)(1)(C)”. of this title; and (B) an opportunity to appeal the decision resulting from the hearing. **(d) Applicability of section pursuant to election under section 2507(b)** With respect to a tribally controlled school that receives assistance under this chapter pursuant to an election made under [section 2507(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2507/b&num=0&edition=prelim)— (1) subsection (b) of this section shall apply; and (2) the Secretary may not revoke eligibility for assistance under this chapter except in conformance with subsection (c) of this section.

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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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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. § 2021 — Definitions

For the purposes of this chapter, unless otherwise specified: (1) **Agency school board** — The term “agency school board” means a body— (A) the members of which are appointed by all of the school boards of the schools located within an agency, including schools operated under contract or grant; and (B) the number of such members is determined by the Secretary, in consultation with the affected tribes; except that, in agencies serving a single school, the school board of such school shall fulfill these duties, and in agencies having schools or a school operated under contract or grant, one such member at least shall be from such a school. (2) **Bureau** — The term “Bureau” means the Bureau of Indian Affairs of the Department of the Interior. (3) **Bureau-funded school** — The term “Bureau-funded school” means— (A) a Bureau school; (B) a contract or grant school; or (C) a school for which assistance is provided under the Tribally Controlled Schools Act of 1988 [[25 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2501&num=0&edition=prelim) et seq.]. (4) **Bureau school** — The term “Bureau school” means a Bureau-operated elementary or secondary day or boarding school or a Bureau-operated dormitory for students attending a school other than a Bureau school. (5) **Complementary educational facilities** — The term “complementary educational facilities” means educational program functional spaces such as libraries, gymnasiums, and cafeterias. (6) **Contract or grant school** — The term “contract or grant school” means an elementary school, secondary school, or dormitory that receives financial assistance for its operation under a contract, grant, or agreement with the Bureau under section 5321, 5322(a), or 5352 o

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

25 U.S.C. § 2504 — Eligibility for grants

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

31 U.S.C. § 7501 — Definitions

**(a)** As used in this chapter, the term— (1) “Comptroller General” means the Comptroller General of the United States; (2) “Director” means the Director of the Office of Management and Budget; (3) “Federal agency” has the same meaning as the term “agency” in [section 551(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim); (4) “Federal awards” means Federal financial assistance and Federal cost-reimbursement contracts that non-Federal entities receive directly from Federal awarding agencies or indirectly from pass-through entities; (5) “Federal financial assistance” means assistance that non-Federal entities receive or administer in the form of grants, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, or other assistance, but does not include amounts received as reimbursement for services rendered to individuals in accordance with guidance issued by the Director; (6) “Federal program” means all Federal awards to a non-Federal entity assigned a single number in the Catalog of Federal Domestic Assistance or encompassed in a group of numbers or other category as defined by the Director; (7) “generally accepted government auditing standards” means the government auditing standards issued by the Comptroller General; (8) “independent auditor” means— (A) an external State or local government auditor who meets the independence standards included in generally accepted government auditing standards; or (B) a public accountant who meets such independence standards; (9) “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village co

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25 U.S.C. § 2506 — Payment of grants; investment of funds

**(a) Payments** (1) **In general** — Except as otherwise provided in this subsection, the Secretary shall make payments to grantees under this chapter in two payments, of which— (A) the first payment shall be made not later than July 1 of each year in an amount equal to 80 percent of the amount which the grantee was entitled to receive during the preceding academic year; and (B) the second payment, consisting of the remainder to which the grantee is entitled for the academic year, shall be made not later than December 1 of each year. (2) **Excess funding** — In a case in which the amount provided to a grant recipient under paragraph (1)(A) is in excess of the amount that the recipient is entitled to receive for the academic year involved, the recipient shall return to the Secretary such excess amount not later than 30 days after the final determination that the school was overpaid pursuant to this section. The amount returned to the Secretary under this paragraph shall be distributed equally to all schools in the system. (3) **Newly funded schools** — For any school for which no payment under this chapter was made from Bureau funds in the preceding academic year, full payment of the amount computed for the first academic year of eligibility under this chapter shall be made not later than December 1 of the academic year. (4) **Late funding** — With regard to funds for grantees that become available for obligation on October 1 of the fiscal year for which such funds are appropriated, the Secretary shall make payments to grantees not later than December 1 of the fiscal year. (5) **Applicability of certain title 31 provisions** — The provisions of chapter 39 of title 31 shall apply to the payments required to be made by paragraphs (1), (3), and (4). (6) **Restr

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

25 U.S.C. § 2505 — Duration of eligibility determination

Page 491 TITLE 25—INDIANS § 2505 1 So in original. Probably should be subsection ‘‘(c)(1)(B)(ii).’’ actions taken (including the costs associated with such actions), under this section at the same time that the President is required to sub- mit to Congress the budget under section 1105 of title 31. (Pub. L. 100–297, title V, § 5205, as added Pub. L. 107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2068.) Editorial Notes REFERENCES IN TEXT The Education Amendments of 1978, referred to in subsecs. (a)(1)(A), (B), (b)(1), and (c)(1), is Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143. Title XI of the Act is classi- fied principally to chapter 22 (§ 2000 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under sec- tion 6301 of Title 20, Education, and Tables. The Indian Self-Determination and Education Assist- ance Act, referred to in subsecs. (a)(2) and (f)(1)(C), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classi- fied 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. The title, referred to in subsec. (c)(2)(E), probably should be ‘‘this part’’, meaning part B of title V of Pub. L. 100–297, known as the Tribally Controlled Schools Act of 1988, which is classified generally to this chap- ter. For complete classification of part B to the Code, see Short Title note set out under section 2501 of this title and Tables. PRIOR PROVISIONS A prior section 2504, Pub. L. 100–297, title V, § 5205, Apr. 28, 1988, 102 Stat. 387; Pub. L. 100–427, § 10(c), Sept. 9, 1988, 102 Stat. 1608; Pub. L. 101–301, § 5(g), May 24, 1990, 104 Stat. 209; Pub. L

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

25 U.S.C. § 5301 — Congressional statement of findings

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

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

31 U.S.C. § 7501 — Definitions

Page 565 TITLE 31—MONEY AND FINANCE § 7501 1 So in original. Editorial Notes REFERENCES IN TEXT The Omnibus Budget Reconciliation Act of 1981, re- ferred to in text, is Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 357. For complete classification of this Act to the Code, see Tables. CHAPTER 75—REQUIREMENTS FOR SINGLE AUDITS Sec. 7501. Definitions. 7502. Audit requirements; exemptions. 7503. Relation to other audit requirements. 7504. Federal agency responsibilities and relations with non-Federal entities. 7505. Regulations. 7506. Effective date. Editorial Notes AMENDMENTS 2016—Pub. L. 114–301, § 2(a)(2), Dec. 16, 2016, 130 Stat. 1514, added item 7506 and struck out former items 7506 ‘‘Monitoring responsibilities of the Comptroller Gen- eral’’ and 7507 ‘‘Effective date’’. 1996—Pub. L. 104–156, § 2, July 5, 1996, 110 Stat. 1396, amended chapter analysis generally, substituting in item 7504 ‘‘Federal agency responsibilities and rela- tions with non-Federal entities’’ for ‘‘Cognizant agency responsibilities’’ and in item 7507 ‘‘Effective date’’ for ‘‘Effective date; report’’. § 7501. Definitions (a) As used in this chapter, the term— (1) ‘‘Comptroller General’’ means the Comp- troller General of the United States; (2) ‘‘Director’’ means the Director of the Of- fice of Management and Budget; (3) ‘‘Federal agency’’ has the same meaning as the term ‘‘agency’’ in section 551(1) of title 5; (4) ‘‘Federal awards’’ means Federal finan- cial assistance and Federal cost-reimburse- ment contracts that non-Federal entities re- ceive directly from Federal awarding agencies or indirectly from pass-through entities; (5) ‘‘Federal financial assistance’’ means as- sistance that non-Federal entities receive or administer in the form of grants, loans, loan g

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