25 U.S.C. § 2006 — Bureau of Indian Affairs education func-

Page 409 TITLE 25—INDIANS § 2006 after tribes may use tribal priority allocations funds for the replacement and repair of school facilities in compliance with [former] 25 U.S.C. 2005(a) [see now 25 U.S.C. 2005(b)], so long as such replacement or repair is approved by the Secretary and completed with non- Federal tribal and/or tribal priority allocation funds’’. § 2006. Bureau of Indian Affairs education func- tions (a) Formulation and establishment of policy and procedure; supervision of programs and ex- penditures The Secretary shall vest in the Assistant Sec- retary for Indian Affairs all functions with re- spect to formulation and establishment of policy and procedure and supervision of programs and expenditures of Federal funds for the purpose of Indian education administered by the Bureau. The Assistant Secretary shall carry out such functions through the Director of the Office of Indian Education Programs. (b) Direction and supervision of personnel oper- ations (1) In general Not later than 180 days after January 8, 2002, the Director of the Office shall direct and su- pervise the operations of all personnel directly and substantially involved in the provision of education program services by the Bureau, in- cluding school or institution custodial or maintenance personnel, and personnel respon- sible for contracting, procurement, and fi- nance functions connected with school oper- ation programs. (2) Transfers The Assistant Secretary for Indian Affairs shall, not later than 180 days after January 8, 2002, coordinate the transfer of functions re- lating to procurements for, contracts of, oper- ation of, and maintenance of schools and other support functions to the Director. (c) Inherent Federal function For purposes of this Act, all functions relating to education that are located at the Area or Agency level and performed by an education line officer shall be subject to contract under the In- dian Self-Determination and Education Assist- ance Act [25 U.S.C. 5301 et seq.], unless deter- mined by the Secretary to be inherently Federal functions as defined in section 2021(12) of this title. (d) Evaluation of programs; services and support functions; technical and coordinating assist- ance Education personnel who are under the direc- tion and supervision of the Director of the Office of Indian Education Programs in accordance with subsection (b)(1) shall— (1) monitor and evaluate Bureau education programs; (2) provide all services and support functions for education programs with respect to per- sonnel matters involving staffing actions and functions; and (3) provide technical and coordinating assist- ance in areas such as procurement, con- tracting, budgeting, personnel, curriculum, and operation and maintenance of school fa- cilities. (e) Construction, improvement, operation, and maintenance of facilities (1) Plan for construction The Assistant Secretary shall submit as part of the annual budget a plan— (A) for school facilities to be constructed under section 2005(c) of this title; (B) for establishing priorities among projects and for the improvement and repair of educational facilities, which together shall form the basis for the distribution of appropriated funds; and (C) for capital improvements to be made over the 5 succeeding years. (2) Program for operation and maintenance (A) Establishment The Assistant Secretary shall establish a program, including the distribution of ap- propriated funds, for the operation and maintenance of education facilities. Such program shall include— (i) a method of computing the amount necessary for each educational facility; (ii) similar treatment of all Bureau-fund- ed schools; (iii) a notice of an allocation of appro- priated funds from the Director of the Of- fice of Indian Education Programs directly to the education line officers and appro- priate school officials; (iv) a method for determining the need for, and priority of, facilities repair and maintenance projects, both major and minor (to be determined, through the con- duct by the Assistant Secretary, of a series of meetings at the agency and area level with representatives of the Bureau-funded schools in those areas and agencies to re- ceive comment on the lists and prioritization of such projects); and (v) a system for the conduct of routine preventive maintenance. (B) Local supervisors The appropriate education line officers shall make arrangements for the mainte- nance of education facilities with the local supervisors of the Bureau maintenance per- sonnel. The local supervisors of Bureau maintenance personnel shall take appro- priate action to implement the decisions made by the appropriate education line offi- cers, except that no funds under this chapter may be authorized for expenditure unless such appropriate education line officer is as- sured that the necessary maintenance has been, or will be, provided in a reasonable manner. (3) Implementation This subsection shall be implemented as soon as practicable after January 8, 2002. (f) Acceptance of gifts and bequests (1) Guidelines Notwithstanding any other provision of law, the Director of the Office shall promulgate guidelines for the establishment and adminis- tration of mechanisms for the acceptance of gifts and bequests for the use and benefit of 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 added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 3988, related to Bureau of Indian Affairs education functions, prior to the general amendment of this chap- ter by Pub. L. 107–110. Another prior section 2006, Pub. L. 95–561, title XI, § 1126, Nov. 1, 1978, 92 Stat. 2319; Pub. L. 96–46, § 2(b)(6), Aug. 6, 1979, 93 Stat. 341; Pub. L. 98–511, title V, § 504, Oct. 19, 1984, 98 Stat. 2393; Pub. L. 99–89, § 4, Aug. 15, 1985, 99 Stat. 381; Pub. L. 100–427, § 1(c)(3), Sept. 9, 1988, 102 Stat. 1603, related to Bureau of Indian Affairs edu- cation functions, prior to the general amendment of this chapter by Pub. L. 103–382. 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. § 2007. Allotment formula (a) Factors considered; revision to reflect stand- ards (1) Formula The Secretary shall establish, by regulation adopted in accordance with section 2017 of this title, 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, trans- portation, or educational programs; (iii) food and housing costs; (iv) maintenance and repair costs associ- ated 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 nec- essary by a tribal governing body or des- ignated 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 pro- vided by public schools in the State in which the school is located; (D) whether the available funding will en- able the school involved to comply with the accreditation standards applicable to the school under section 2001 of this title; and (E) such other relevant factors as the Sec- retary determines are appropriate. (2) Revision of formula (A) In general Upon the establishment of the standards required in section 2002 of this title, the Sec- retary shall revise the formula established under this subsection to reflect the cost of funding such standards. (B) Review of formula Not later than January 1, 2003, the Sec- retary shall review the formula established under this section and shall take such steps as are necessary to increase the availability of counseling and therapeutic programs for students in off-reservation home-living (dor- mitory) schools and other Bureau-operated residential facilities. (C) Review of standards Concurrent with such action, the Sec- retary shall review the standards established under section 2002 of this title to be certain that adequate provision is made for parental notification regarding, and consent for, such counseling and therapeutic programs. (b) Pro rata allotment Notwithstanding any other provision of law, Federal funds appropriated for the general local operation of Bureau-funded schools shall be al- lotted pro rata in accordance with the formula established under subsection (a).