25 U.S.C. § 5351 — School construction, acquisition, or ren-

Page 756 TITLE 25—INDIANS § 5351 1 See References in Text note below. (C) otherwise reconcile and modernize the rules to comport with the activities of the contracting parties under sections 5342 to 5348 of this title as of December 31, 2018. (2) Report Not later than 30 days after the date the rulemaking under paragraph (1) is complete, the Secretary shall submit a report to Con- gress describing the results of such rule- making and necessary recommendations to en- sure the full implementation of such rule- making. (i) Student privacy The Secretary shall ensure that data is col- lected and each report is prepared under this section in a manner that protects the rights of eligible Indian students in accordance with sec- tion 1232g of title 20 (commonly referred to as the Family Educational Rights and Privacy Act of 1974). (j) GAO Report Not later than 18 months after the final report described in subsection (b)(1)(B)(iv) is published, the Comptroller General shall— (1) conduct a review of the implementation of this section during the preceding 2-year pe- riod, including any factors impacting— (A) the accuracy of the determinations of the number of eligible Indian students under this section; (B) the communication between the Bu- reau of Indian Education and contracting parties; and (C) the efforts by the Bureau of Indian Education to ensure accurate and sufficient distribution of funding for Indian students; (2) submit a report describing the results of the review under paragraph (1) to— (A) the Committee on Indian Affairs of the Senate; (B) the Subcommittee on Interior, Envi- ronment, and Related Agencies of the Com- mittee on Appropriations of the Senate; (C) the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources of the House of Rep- resentatives; and (D) the Subcommittee on Interior, Envi- ronment, and Related Agencies of the Com- mittee on Appropriations of the House of Representatives; and (3) make such report publicly available. (k) Effect Nothing in this section— (1) creates a new program or duplicates pro- gram activities under sections 5342 to 5348 of this title; or (2) replaces or diminishes the effect of regu- lations to carry out sections 5342 to 5348 of this title existing on the day before December 31, 2018, unless expressly provided in this sec- tion. (Apr. 16, 1934, ch. 147, § 7, as added Pub. L. 115–404, § 2, Dec. 31, 2018, 132 Stat. 5349.) Editorial Notes REFERENCES IN TEXT The Johnson-O’Malley Supplemental Indian Edu- cation Program Modernization Act, referred to subsec. (a)(4), is Pub. L. 115–404, Dec. 31, 2018, 132 Stat. 5349, which enacted this section and provisions set out as a note under section 5301 of this title. For complete clas- sification of this Act to the Code, see Short Title of 2018 Amendment note set out under section 5301 of this title and Tables. The Elementary and Secondary Education Act of 1965, referred to in subsec. (f)(1)(B), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Title VI of the Act is classified generally to subchapter VI (§ 7401 et seq.) of chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables. SUBCHAPTER III—INDIAN EDUCATION ASSISTANCE § 5351. School construction, acquisition, or ren- ovation contracts (a) Authorization; prerequisites The Secretary is authorized to enter into a contract or contracts with any State education agency or school district for the purpose of as- sisting such agency or district in the acquisition of sites for, or the construction, acquisition, or renovation of facilities (including all necessary equipment) in school districts on or adjacent to or in close proximity to any Indian reservation or other lands held in trust by the United States for Indians, if such facilities are necessary for the education of Indians residing on any such reservation or lands. (b) Eligibility requirements for assistance in fed- erally-affected areas; applicability to projects in determining maximum amount, allocation, of funds, etc. The Secretary may expend not less than 75 per centum of such funds as are authorized and ap- propriated pursuant to this section on those projects which meet the eligibility requirements under subsections (a) and (b) of section 644 1 of title 20. Such funds shall be allocated on the basis of existing funding priorities, if any, estab- lished by the Secretary of Education under sub- sections (a) and (b) of section 644 1 of title 20. The Secretary of Education is directed to sub- mit to the Secretary, at the beginning of each fiscal year, commencing with the first full fiscal year after January 4, 1975, a list of those projects eligible for funding under subsections (a) and (b) of section 644 1 of title 20. (c) Eligibility of private schools to receive funds; maximum amount The Secretary may expend not more than 25 per centum of such funds as may be authorized and appropriated pursuant to this section on any school eligible to receive funds under sec- tion 5355 of this title. (d) Duties of State education agencies pursuant to contracts Any contract entered into by the Secretary pursuant to this section shall contain provisions requiring the relevant State educational agency to— (1) provide Indian students attending any such facilities constructed, acquired, or ren- ovated, in whole or in part, from funds made available pursuant to this section with stand- Page 757 TITLE 25—INDIANS § 5352 ards of education not less than those provided non-Indian students in the school district in which the facilities are situated; and (2) meet, with respect to such facilities, the requirements of the State and local building codes, and other building standards set by the State educational agency or school district for other public school facilities under its juris- diction or control or by the local government in the jurisdiction within which the facilities are situated. (e) Advisory consultations by Secretary with af- fected entities and governing bodies prior to contracts; applicability The Secretary shall consult with the entity designated pursuant to section 5346 of this title, and with the governing body of any Indian tribe or tribes the educational opportunity for the members of which will be significantly affected by any contract entered into pursuant to this section. Such consultation shall be advisory only, but shall occur prior to the entering into of any such contract. The foregoing provisions of this subsection shall not be applicable where the application for a contract pursuant to this section is submitted by an elected school board of which a majority of its members are Indians. (f) Evaluation and report to Congress of effec- tiveness of construction, etc., programs; scope and content of report Within ninety days following the expiration of the three year period following January 4, 1975, the Secretary shall evaluate the effectiveness of the program pursuant to this section and trans- mit a report of such evaluation to the Congress. Such report shall include— (1) an analysis of construction costs and the impact on such costs of the provisions of sub- section (f) of this section and the Act of March 3, 1921 (46 Stat. 1491), as amended; 1 (2) a description of the working relationship between the Department of the Interior and the Department of Education including any memorandum of understanding in connection with the acquisition of data pursuant to sub- section (b) of this section; (3) projections of the Secretary of future construction needs of the public schools serv- ing Indian children residing on or adjacent to Indian reservations; (4) a description of the working relationship of the Department of the Interior with local or State educational agencies in connection with the contracting for construction, acquisition, or renovation of school facilities pursuant to this section; and (5) the recommendations of the Secretary with respect to the transfer of the responsi- bility for administering subsections (a) and (b) of section 644 1 of title 20 from the Department of Education to the Department of the Inte- rior. (g) Authorization of appropriations For the purpose of carrying out the provisions of this section, there is authorized to be appro- priated the sum of $35,000,000 for the fiscal year ending June 30, 1974; $35,000,000 for each of the four succeeding fiscal years; and thereafter, such sums as may be necessary, all of such sums to remain available until expended. (Pub. L. 93–638, title II, § 204, Jan. 4, 1975, 88 Stat. 2214; Pub. L. 96–88, title III, § 301, title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692.) Editorial Notes REFERENCES IN TEXT Section 644 of title 20, referred to in subsecs. (b) and (f)(5), was repealed by Pub. L. 103–382, title III, § 331(a), Oct. 20, 1994, 108 Stat. 3965. Act of March 3, 1921, referred to in subsec. (f)(1), prob- ably means the act of Mar. 3, 1931, ch. 411, 46 Stat. 1494, known as the Davis-Bacon Act, which was classified generally to sections 276a to 276a–5 of former Title 40, Public Buildings, Property, and Works, and was re- pealed and reenacted as sections 3141–3144, 3146, and 3147 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. CODIFICATION Section was formerly classified to section 458 of this title prior to editorial reclassification and renumbering as this section. SHORT TITLE For short title of this subchapter as the ‘‘Indian Edu- cation Assistance Act’’, see section 201 of Pub. L. 93–638, set out as a note under section 5301 of this title. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Secretary of Education’’ substituted for ‘‘United States Commissioner of Education’’ in subsec. (b), and ‘‘Department of Education’’ substituted for ‘‘Depart- ment of Health, Education, and Welfare’’ in subsec. (f)(2), (5), pursuant to sections 301 and 507 of Pub. L. 96–88, which is classified to sections 3441 and 3507 of Title 20, Education, and which transferred functions and offices (relating to education) of Commissioner of Education and Department of Health, Education, and Welfare to Secretary and Department of Education. § 5352. General education contract and grant provisions and requirements; school district quality and standards of excellence No funds from any grant or contract pursuant to this subchapter shall be made available to any school district unless the Secretary is satis- fied that the quality and standard of education, including facilities and auxiliary services, for Indian students enrolled in the schools of such district are at least equal to that provided all other students from resources, other than re- sources provided in this subchapter, available to the local school district. (Pub. L. 93–638, title II, § 205, Jan. 4, 1975, 88 Stat. 2216.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title II of Pub. L. 93–638, known as the Indian Education Assistance Act, which is classified principally to this subchapter. For com- plete classification of title II to the Code, see Short Title note set out under section 5301 of this title and Tables. CODIFICATION Section was formerly classified to section 458a of this title prior to editorial reclassification and renumbering as this section.