25 U.S.C. § 2019 — Early childhood development program

Page 429 TITLE 25—INDIANS § 2019 grams, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education. § 2018. Regional meetings and negotiated rule- making (a) Regional meetings Prior to publishing any proposed regulations under subsection (b)(1), and prior to establishing the negotiated rulemaking committee under subsection (b)(3), the Secretary shall convene re- gional meetings to consult with personnel of the Office of Indian Education Programs, educators at Bureau schools, and tribal officials, parents, teachers, administrators, and school board members of tribes served by Bureau-funded schools to provide guidance to the Secretary on the content of regulations authorized to be pro- mulgated under this chapter and the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.]. (b) Negotiated rulemaking (1) In general Notwithstanding sections 563(a) and 565(a) of title 5, the Secretary shall promulgate regula- tions authorized under subsection (a) and under the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.], in accordance with the negotiated rulemaking procedures pro- vided for under subchapter III of chapter 5 of title 5, and shall publish final regulations in the Federal Register. (2) Notification to Congress If draft regulations implementing this chap- ter and the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.] are not promul- gated in final form within 18 months after January 8, 2002, the Secretary shall notify the appropriate committees of Congress of which draft regulations were not promulgated in final form by the deadline and the reason such final regulations were not promulgated. (3) Rulemaking committee The Secretary shall establish a negotiated rulemaking committee to carry out this sub- section. In establishing such committee, the Secretary shall— (A) apply the procedures provided for under subchapter III of chapter 5 of title 5 in a manner that reflects the unique govern- ment-to-government relationship between Indian tribes and the United States; (B) ensure that the membership of the committee includes only representatives of the Federal Government and of tribes served by Bureau-funded schools; (C) select the tribal representatives of the committee from among individuals nomi- nated by the representatives of the tribal and tribally operated schools; (D) ensure, to the maximum extent pos- sible, that the tribal representative member- ship on the committee reflects the propor- tionate share of students from tribes served by the Bureau-funded school system; and (E) comply with chapter 10 of title 5. (4) Special rule The Secretary shall carry out this section using the general administrative funds of the Department of the Interior. In accordance with subchapter III of chapter 5 of title 5 and section 1006(d) of title 5, payment of costs as- sociated with negotiated rulemaking shall in- clude the reasonable expenses of committee members. (c) Application of section (1) Supremacy of provisions The provisions of this section shall super- sede any conflicting regulations in effect on the day before the date of enactment of this chapter, and the Secretary may repeal any regulation that is inconsistent with the provi- sions of this chapter. (2) Modifications The Secretary may modify regulations pro- mulgated under this section or the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.], only in accordance with this section. (Pub. L. 95–561, title XI, § 1138, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2057; amended Pub. L. 117–286, § 4(a)(182), Dec. 27, 2022, 136 Stat. 4326.) Editorial Notes REFERENCES IN TEXT The Tribally Controlled Schools Act of 1988, referred to in subsecs. (a), (b)(1), (2), and (c)(2), is part B (§ 5201–5212) of title V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, as amended, which is classified generally to chapter 27 (§ 2501 et seq.) 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 date of enactment of this chapter, referred to in subsec. (c)(1), probably means the date of enactment of Pub. L. 107–110, which amended this chapter generally and was approved Jan. 8, 2002. PRIOR PROVISIONS A prior section 2018, Pub. L. 95–561, title XI, § 1138, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4011, related to rights of Indian students, prior to the general amendment of this chapter by Pub. L. 107–110. See section 2016 of this title. Another prior section 2018, Pub. L. 95–561, title XI, § 1138, Nov. 1, 1978, 92 Stat. 2327; Pub. L. 98–511, title V, § 510, Oct. 19, 1984, 98 Stat. 2397, related to regulations implementing administrative provisions, prior to the general amendment of this chapter by Pub. L. 103–382. AMENDMENTS 2022—Subsec. (b)(3)(E). Pub. L. 117–286, § 4(a)(182)(A), substituted ‘‘chapter 10 of title 5.’’ for ‘‘the Federal Ad- visory Committee Act (5 U.S.C. App.).’’ Subsec. (b)(4). Pub. L. 117–286, § 4(a)(182)(B), sub- stituted ‘‘section 1006(d) of title 5,’’ for ‘‘section 7(d) of the Federal Advisory Committee Act,’’. 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. § 2019. Early childhood development program (a) In general The Secretary shall provide grants to tribes, tribal organizations, and consortia of tribes and tribal organizations to fund early childhood de- Page 430 TITLE 25—INDIANS § 2019 velopment programs that are operated by such tribes, organizations, or consortia. (b) Amount of grants (1) In general The total amount of the grants provided under subsection (a) with respect to each tribe, tribal organization, or consortium of tribes or tribal organizations for each fiscal year shall be equal to the amount which bears the same relationship to the total amount ap- propriated under the authority of subsection (g) for such fiscal year (less amounts provided under subsection (f)) as— (A) the total number of children under 6 years of age who are members of— (i) such tribe; (ii) the tribe that authorized such tribal organization; or (iii) any tribe that— (I) is a member of such consortium; or (II) authorizes any tribal organization that is a member of such consortium; bears to (B) the total number of all children under 6 years of age who are members of any tribe that— (i) is eligible to receive funds under sub- section (a); (ii) is a member of a consortium that is eligible to receive such funds; or (iii) authorizes a tribal organization that is eligible to receive such funds. (2) Limitation No grant may be provided under subsection (a)— (A) to any tribe that has less than 500 members; (B) to any tribal organization which is au- thorized— (i) by only one tribe that has less than 500 members; or (ii) by one or more tribes that have a combined total membership of less than 500 members; or (C) to any consortium composed of tribes, or tribal organizations authorized by tribes, that have a combined total tribal member- ship of less than 500 members. (c) Application (1) In general A grant may be provided under subsection (a) to a tribe, tribal organization, or consor- tium of tribes and tribal organizations only if the tribe, organization, or consortium submits to the Secretary an application for the grant at such time and in such form as the Secretary shall prescribe. (2) Contents Applications submitted under paragraph (1) shall set forth the early childhood develop- ment program that the applicant desires to operate. (d) Requirement of programs funded The early childhood development programs that are funded by grants provided under sub- section (a)— (1) shall coordinate existing programs and may provide services that meet identified needs of parents and children under 6 years of age which are not being met by existing pro- grams, including— (A) prenatal care; (B) nutrition education; (C) health education and screening; (D) family literacy services; (E) educational testing; and (F) other educational services; (2) may include instruction in the language, art, and culture of the tribe; and (3) shall provide for periodic assessment of the program. (e) Coordination of family literacy programs Family literacy programs operated under this section and other family literacy programs oper- ated by the Bureau of Indian Affairs shall be co- ordinated with family literacy programs for In- dian children under subpart 2 of part B of title II of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6641 et seq.] in order to avoid duplication and to encourage the dissemi- nation of information on quality family literacy programs serving Indians. (f) Administrative costs The Secretary shall, out of funds appropriated under subsection (g), include in the grants pro- vided under subsection (a) amounts for adminis- trative costs incurred by the tribe, tribal orga- nization, or consortium of tribes in establishing and maintaining the early childhood develop- ment program. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be nec- essary. (Pub. L. 95–561, title XI, § 1139, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2058; amended Pub. L. 114–95, title IX, § 9215(cc)(1), Dec. 10, 2015, 129 Stat. 2173.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsec. (e), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Subpart 2 of part B of title II of the Act is classified generally to subpart 2 (§ 6641 et seq.) of part B of subchapter II of chapter 70 of Title 20, Edu- cation. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables. PRIOR PROVISIONS A prior section 2019, Pub. L. 95–561, title XI, § 1139, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4011, related to promulgation of regulations, prior to repeal by Pub. L. 105–362, title VIII, § 801(c)(5), Nov. 10, 1998, 112 Stat. 3288. See section 2017 of this title. Another prior section 2019, Pub. L. 95–561, title XI, § 1139, Nov. 1, 1978, 92 Stat. 2328; Pub. L. 100–297, title V, § 5117, Apr. 28, 1988, 102 Stat. 382; Pub. L. 100–427, § 1(c)(1), (2), Sept. 9, 1988, 102 Stat. 1603; Pub. L. 101–301, § 5(a), May 24, 1990, 104 Stat. 207, defined terms used in this chapter, prior to the general amendment of this chapter by Pub. L. 103–382. AMENDMENTS 2015—Subsec. (e). Pub. L. 114–95 substituted ‘‘subpart 2 of part B of title II of the Elementary and Secondary Page 431 TITLE 25—INDIANS § 2020 Education Act of 1965’’ for ‘‘part B of title I of the Ele- mentary and Secondary Education Act of 1965’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. 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. § 2020. Tribal departments or divisions of edu- cation (a) In general Subject to the availability of appropriations, the Secretary shall make grants and provide technical assistance to tribes for the develop- ment and operation of tribal departments or di- visions of education for the purpose of planning and coordinating all educational programs of the tribe. (b) Applications For a tribe to be eligible to receive a grant under this section, the governing body of the tribe shall submit an application to the Sec- retary at such time, in such manner, and con- taining such information as the Secretary may require. (c) Diversity The Secretary shall award grants under this section in a manner that fosters geographic and population diversity. (d) Use Tribes that receive grants under this section shall use the funds made available through the grants— (1) to facilitate tribal control in all matters relating to the education of Indian children on reservations (and on former Indian reserva- tions in Oklahoma); (2) to provide for the development of coordi- nated educational programs (including all pre- school, elementary, secondary, and higher or vocational educational programs funded by tribal, Federal, or other sources) on reserva- tions (and on former Indian reservations in Oklahoma) by encouraging tribal administra- tive support of all Bureau-funded educational programs as well as encouraging tribal co- operation and coordination with entities car- rying out all educational programs receiving financial support from other Federal agencies, State agencies, or private entities; and (3) to provide for the development and en- forcement of tribal educational codes, includ- ing tribal educational policies and tribal standards applicable to curriculum, personnel, students, facilities, and support programs. (e) Priorities In making grants under this section, the Sec- retary shall give priority to any application that— (1) includes— (A) assurances that the applicant serves three or more separate Bureau-funded schools; and (B) assurances from the applicant that the tribal department of education to be funded under this section will provide coordinating services and technical assistance to all of such schools; (2) includes assurances that all education programs for which funds are provided by such a contract or grant will be monitored and au- dited, by or through the tribal department of education, to ensure that the programs meet the requirements of law; and (3) provides a plan and schedule that— (A) provides for— (i) the assumption, by the tribal depart- ment of education, of all assets and func- tions of the Bureau agency office associ- ated with the tribe, to the extent the as- sets and functions relate to education; and (ii) the termination by the Bureau of such functions and office at the time of such assumption; and (B) provides that the assumption shall occur over the term of the grant made under this section, except that, when mutually agreeable to the tribal governing body and the Assistant Secretary, the period in which such assumption is to occur may be modi- fied, reduced, or extended after the initial year of the grant. (f) Time period of grant Subject to the availability of appropriated funds, a grant provided under this section shall be provided for a period of 3 years. If the per- formance of the grant recipient is satisfactory to the Secretary, the grant may be renewed for additional 3-year terms. (g) Terms, conditions, or requirements A tribe that receives a grant under this sec- tion shall comply with regulations relating to grants made under section 5322(a) of this title that are in effect on the date that the tribal gov- erning body submits the application for the grant under subsection (b). The Secretary shall not impose any terms, conditions, or require- ments on the provision of grants under this sec- tion that are not specified in this section. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section $2,000,000. (Pub. L. 95–561, title XI, § 1140, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2059.) Editorial Notes PRIOR PROVISIONS A prior section 2020, Pub. L. 95–561, title XI, § 1140, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4011, related to voluntary services, prior to the general amendment of this chapter by Pub. L. 107–110. See section 2012 of this title. Another prior section 2020, Pub. L. 95–561, title XI, § 1140, as added Pub. L. 98–511, title V, § 511, Oct. 19, 1984, 98 Stat. 2397; amended Pub. L. 99–89, § 8, Aug. 15, 1985, 99 Stat. 383, related to voluntary services, prior to the general amendment of this chapter by Pub. L. 103–382.