25 U.S.C. § 2002 — National criteria for home-living situa-

Page 403 TITLE 25—INDIANS § 2002 Short Title note set out under section 5301 of this title and Tables. The Tribally Controlled Schools Act of 1988, referred to in subsec. (b)(8)(D) to (F), is part B (§§ 5201–5212) of title V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, which is classified generally to chapter 27 (§ 2501 et seq.) of this title. Sections 5204 and 5207 of the Act were clas- sified to sections 2503 and 2506, respectively, of this title, prior to repeal by Pub. L. 107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2063. Pub. L. 107–110 enacted new sections 5204 and 5207 which are classified to sections 2503 and 2506, respectively, of this title. Pub. L. 107–110 enacted new sections 5203 and 5206 of Pub. L. 100–297, re- lating to subject matter similar to that of former sec- tions 5204 and 5207, respectively, which are classified to sections 2502 and 2505, respectively, of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables. The Indian Self-Determination and Education Assist- ance Act, referred to in subsec. (e)(4)(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 2001, Pub. L. 95–561, title XI, § 1121, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 3979; amended Pub. L. 104–134, title I, § 101(d) [title VII, § 703(d)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–255; re- numbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 105–362, title VIII, § 801(c)(1), Nov. 10, 1998, 112 Stat. 3287, related to standards for basic edu- cation of Indian children in Bureau of Indian Affairs schools, prior to the general amendment of this chapter by Pub. L. 107–110. Another prior section 2001, Pub. L. 95–561, title XI, § 1121, Nov. 1, 1978, 92 Stat. 2316; Pub. L. 96–46, § 2(b)(2)–(4), Aug. 6, 1979, 93 Stat. 341; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692; Pub. L. 98–511, title V, § 502, Oct. 19, 1984, 98 Stat. 2391; Pub. L. 99–89, § 2, Aug. 15, 1985, 99 Stat. 379; Pub. L. 99–570, title IV, § 4133(b)(3), Oct. 27, 1986, 100 Stat. 3207–134; Pub. L. 100–297, title V, §§ 5102, 5104, Apr. 28, 1988, 102 Stat. 363, 365; Pub. L. 100–427, § 1(a), (b), Sept. 9, 1988, 102 Stat. 1603; Pub. L. 102–531, title III, § 312(b), Oct. 27, 1992, 106 Stat. 3504, related to standards for basic education of Indian children in Bureau or con- tract schools, prior to the general amendment of this chapter by Pub. L. 103–382. AMENDMENTS 2005—Subsec. (d)(7). Pub. L. 109–54 added par. (7) and struck out heading and text of former par. (7). Text read as follows: ‘‘The Secretary may, with the approval of the tribal governing body, terminate, contract, transfer to any other authority, consolidate, or sub- stantially curtail the operation or facilities of— ‘‘(A) any Bureau-funded school that is operated on or after January 1, 1999; ‘‘(B) any program of such a school that is operated on or after January 1, 1999; or ‘‘(C) any school board of a school operated under a grant under the Tribally Controlled Schools Act of 1988.’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. 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. § 2002. National criteria for home-living situa- tions (a) Revision of standards (1) In general The Secretary, in consultation with the Sec- retary of Education, Indian organizations and tribes, and Bureau-funded schools, shall revise the national standards for home-living (dor- mitory) situations to include such factors as heating, lighting, cooling, adult-child ratios, needs for counselors (including special needs related to off-reservation home-living (dor- mitory) situations), therapeutic programs, space, and privacy. (2) Implementation Such standards shall be implemented in Bu- reau-operated schools, and shall serve as min- imum standards for contract or grant schools. (3) Revision after establishment Once established, any revisions of such standards shall be developed according to the requirements established under section 2017 of this title. (b) Implementation The Secretary shall implement the revised standards established under this section imme- diately upon completion of the standards. (c) Plan (1) In general The Secretary shall submit to the appro- priate committees of Congress, the tribes, and the affected schools, and publish in the Fed- eral Register, a detailed plan to bring all Bu- reau-funded schools that provide home-living (dormitory) situations up to the standards es- tablished under this section. (2) Components of plan The plan described in paragraph (1) shall in- clude— (A) a statement of the relative needs of each Bureau-funded home-living (dormitory) school; (B) projected future needs of each Bureau- funded home-living (dormitory) school; (C) detailed information on the status of each school in relation to the standards es- tablished under this section; (D) specific cost estimates for meeting each standard for each such school; (E) aggregate cost estimates for bringing all such schools into compliance with the criteria established under this section; and (F) specific timelines for bringing each school into compliance with such standards. (d) Waiver (1) In general A tribal governing body or local school board may, in accordance with this sub- section, waive the standards established under this section for a school described in sub- section (a). (2) Inappropriate standards (A) In general A tribal governing body, or the local school board so designated by the tribal gov- Page 404 TITLE 25—INDIANS § 2003 erning body, may waive, in whole or in part, the standards established under this section if such standards are determined by such body or board to be inappropriate for the needs of students from that tribe. (B) Alternative standards The tribal governing body or school board involved shall, not later than 60 days after providing a waiver under subparagraph (A) for a school, submit to the Director a pro- posal for alternative standards that take into account the specific needs of the tribe’s children. Such alternative standards shall be established by the Director for the school in- volved unless specifically rejected by the Di- rector for good cause and in writing provided to the affected tribes or local school board. (e) Closure for failure to meet standards prohib- ited No school in operation on or before July 1, 1999 (regardless of compliance or noncompliance with the standards established under this sec- tion), may be closed, transferred to another au- thority, or consolidated, and no program of such a school may be substantially curtailed, because the school failed to meet such standards. (Pub. L. 95–561, title XI, § 1122, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2018.) Editorial Notes PRIOR PROVISIONS A prior section 2002, Pub. L. 95–561, title XI, § 1122, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 3984; amended Pub. L. 105–362, title VIII, § 801(c)(2), Nov. 10, 1998, 112 Stat. 3288, related to national criteria for dormitory situations, prior to the general amend- ment of this chapter by Pub. L. 107–110. Another prior section 2002, Pub. L. 95–561, title XI, § 1122, Nov. 1, 1978, 92 Stat. 2318; Pub. L. 96–46, § 2(b)(5), Aug. 6, 1979, 93 Stat. 341; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692; Pub. L. 100–297, title V, § 5105, Apr. 28, 1988, 102 Stat. 367, related to national criteria for dormitory situations, 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. § 2003. Codification of regulations (a) Part 32 of Title 25, Code of Federal Regula- tions The provisions of part 32 of title 25, Code of Federal Regulations, as in effect on January 1, 1987, are incorporated into this Act and shall be treated as though such provisions are set forth in this subsection. Such provisions may be al- tered only by means of an Act of Congress. To the extent that such provisions of part 32 do not conform with this Act or any statutory provi- sion of law enacted before November 1, 1978, the provisions of this Act and the provisions of such other statutory law shall govern. (b) Definition of regulation In this section, the term ‘‘regulation’’ means any rule, regulation, guideline, interpretation, order, or requirement of general applicability prescribed by any officer or employee of the ex- ecutive branch. (Pub. L. 95–561, title XI, § 1123, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2019.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), 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. PRIOR PROVISIONS A prior section 2003, Pub. L. 95–561, title XI, § 1123, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 3985, related to the incorporation of regulations into, or the application of regulations to, Pub. L. 95–561, prior to the general amendment of this chapter by Pub. L. 107–110. Another prior section 2003, Pub. L. 95–561, title XI, § 1123, Nov. 1, 1978, 92 Stat. 2319; Pub. L. 100–297, title V, § 5106, Apr. 28, 1988, 102 Stat. 367, related to the incorpo- ration of regulations into, or the application of regula- tions to, Pub. L. 95–561, 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. § 2004. School boundaries (a) Establishment by Secretary The Secretary shall establish, by regulation, separate geographical attendance areas for each Bureau-funded school. (b) Establishment by tribal body In any case where there is more than one Bu- reau-funded school located on an Indian reserva- tion, at the direction of the tribal governing body, the relevant school boards of the Bureau- funded schools on the reservation may, by mu- tual consent, establish the relevant attendance areas for such schools, subject to the approval of the tribal governing body. Any such boundaries so established shall be accepted by the Sec- retary. (c) Boundary revisions (1) Notice On or after July 1, 2001, no geographical at- tendance area shall be revised or established with respect to any Bureau-funded school un- less the tribal governing body or the local school board concerned (if so designated by the tribal governing body) has been afforded— (A) at least 6 months notice of the inten- tion of the Bureau to revise or establish such attendance area; and (B) the opportunity to propose alternative boundaries. (2) Revision process Any tribe may petition the Secretary for re- vision of existing attendance area boundaries.