20 U.S.C. § 7452 — Grants to tribes for education administra-

Page 1552 TITLE 20—EDUCATION § 7451 Subsec. (b)(4). Pub. L. 114–95, § 6002(l)(2)(B), inserted before period at end ‘‘in a consortium with at least one Tribal College or University, as defined in section 1059c(b) of this title, where feasible’’. Subsec. (d)(1). Pub. L. 114–95, § 6002(l)(3), substituted ‘‘purpose of this section.’’ for ‘‘purposes of this sec- tion.’’ and ‘‘Such activities may include—’’ and sub- pars. (A) to (D) for ‘‘Such activities may include con- tinuing programs, symposia, workshops, conferences, and direct financial support, and may include programs designed to train tribal elders and seniors.’’ Subsec. (e). Pub. L. 114–95, § 6002(l)(4), added subsec. (e) and struck out former subsec. (e). Prior to amend- ment, text read as follows: ‘‘Each eligible entity desir- ing a grant under this section shall submit an applica- tion to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require.’’ Subsec. (f). Pub. L. 114–95, § 6002(l)(5), added par. (1), redesignated former pars. (1) and (2) as (2) and (3), re- spectively, and, in par. (3), substituted ‘‘basis of the length of any period for which the eligible entity has received a grant.’’ for ‘‘basis of— ‘‘(A) the number of previous grants the Secretary has awarded such entity; or ‘‘(B) the length of any period during which such en- tity received such grants.’’ Subsec. (g). Pub. L. 114–95, § 6002(l)(6), added subsec. (g) and struck out former subsec. (g). Prior to amend- ment, text read as follows: ‘‘Each grant under this sec- tion shall be awarded for a period of not more than 5 years.’’ Subsec. (h)(1)(A)(ii). Pub. L. 114–95, § 6002(l)(7), sub- stituted ‘‘students in a local educational agency that serves a high proportion of Indian students’’ for ‘‘peo- ple’’. 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 this title. SUBPART 3—NATIONAL ACTIVITIES § 7451. National research activities (a) Authorized activities The Secretary may use funds made available to carry out this subpart for each fiscal year to— (1) conduct research related to effective ap- proaches for the education of Indian children and adults; (2) evaluate federally assisted education pro- grams from which Indian children and adults may benefit; (3) collect and analyze data on the edu- cational status and needs of Indians; and (4) carry out other activities that are con- sistent with the purpose of this part. (b) Eligibility The Secretary may carry out any of the ac- tivities described in subsection (a) directly or through grants to, or contracts or cooperative agreements with, Indian tribes, Indian organiza- tions, State educational agencies, local edu- cational agencies, institutions of higher edu- cation, including Indian institutions of higher education, and other public and private agencies and institutions. (c) Coordination Research activities supported under this sec- tion— (1) shall be carried out in consultation with the Institute of Education Sciences to ensure that such activities are coordinated with and enhance the research and development activi- ties supported by the Institute; and (2) may include collaborative research ac- tivities that are jointly funded and carried out by the Office of Indian Education Programs, the Bureau of Indian Education, and the Insti- tute of Education Sciences. (Pub. L. 89–10, title VI, § 6131, formerly title VII, § 7131, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1923; amended Pub. L. 107–279, title IV, § 404(d)(5)(E), (8), Nov. 5, 2002, 116 Stat. 1986; renumbered title VI, § 6131, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), 6002(m), Dec. 10, 2015, 129 Stat. 2046, 2057.) Editorial Notes PRIOR PROVISIONS A prior section 7451, Pub. L. 89–10, title VII, § 7131, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3729, authorized research, evaluation of activities, and dissemination of information, prior to the general amendment of former subchapter VII of this chapter by Pub. L. 107–110. A prior section 6131 of Pub. L. 89–10 was classified to section 7311 of this title, prior to repeal by Pub. L. 114–95. AMENDMENTS 2015—Subsec. (a). Pub. L. 114–95, § 6002(m)(1), sub- stituted ‘‘to carry out this subpart’’ for ‘‘under section 7492(b) of this title’’ in introductory provisions. Subsec. (c)(2). Pub. L. 114–95, § 6002(m)(2), inserted ‘‘, the Bureau of Indian Education,’’ after ‘‘Office of In- dian Education Programs’’. 2002—Subsec. (c)(1). Pub. L. 107–279 substituted ‘‘Insti- tute of Education Sciences’’ for ‘‘Office of Educational Research and Improvement’’ and ‘‘by the Institute’’ for ‘‘by the Office’’. Subsec. (c)(2). Pub. L. 107–279, § 404(d)(5)(E), sub- stituted ‘‘Institute of Education Sciences’’ for ‘‘Office of Educational Research and Improvement’’. 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 this title. § 7452. Grants to tribes for education administra- tive planning, development, and coordina- tion (a) In general The Secretary may award grants under this section to eligible applicants to enable the eligi- ble applicants to— (1) promote tribal self-determination in edu- cation; (2) improve the academic achievement of In- dian children and youth; and (3) promote the coordination and collabora- tion of tribal educational agencies with State educational agencies and local educational agencies to meet the unique educational and culturally related academic needs of Indian students. (b) Definitions In this section: Page 1553 TITLE 20—EDUCATION § 7452 1 So in original. Probably should be ‘‘(25 U.S.C. 2020)’’. (1) Eligible applicant In this section, the term ‘‘eligible applicant’’ means— (A) an Indian tribe or tribal organization approved by an Indian tribe; or (B) a tribal educational agency. (2) Indian tribe The term ‘‘Indian tribe’’ means a federally recognized tribe or a State-recognized tribe. (3) Tribal educational agency The term ‘‘tribal educational agency’’ means the agency, department, or instrumentality of an Indian tribe that is primarily responsible for supporting tribal students’ elementary and secondary education. (c) Grant program The Secretary may award grants to— (1) eligible applicants described under sub- section (b)(1)(A) to plan and develop a tribal educational agency, if the tribe or organiza- tion has no current tribal educational agency, for a period of not more than 1 year; and (2) eligible applicants described under sub- section (b)(1)(B), for a period of not more than 3 years, in order to— (A) directly administer education pro- grams, including formula grant programs under this chapter, consistent with State law and under a written agreement between the parties; (B) build capacity to administer and co- ordinate such education programs, and to improve the relationship and coordination between such applicants and the State edu- cational agencies and local educational agencies that educate students from the tribe; (C) receive training and support from the State educational agency and local edu- cational agency, in areas such as data col- lection and analysis, grants management and monitoring, fiscal accountability, and other areas as needed; (D) train and support the State edu- cational agency and local educational agen- cy in areas related to tribal history, lan- guage, or culture; (E) build on existing activities or re- sources rather than replacing other funds; and (F) carry out other activities, consistent with the purposes of this section. (d) Grant application (1) In general Each eligible applicant desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably pre- scribe. (2) Contents Each application described in paragraph (1) shall contain— (A) a statement describing the activities to be conducted, and the objectives to be achieved, under the grant; (B) a description of the method to be used for evaluating the effectiveness of the activi- ties for which assistance is sought and for determining whether such objectives are achieved; and (C) for applications for activities under subsection (c)(2), evidence of— (i) a preliminary agreement with the ap- propriate State educational agency, 1 or more local educational agencies, or both the State educational agency and a local educational agency; and (ii) existing capacity as a tribal edu- cational agency. (3) Approval The Secretary may approve an application submitted by an eligible applicant under this subsection if the application, including any documentation submitted with the applica- tion— (A) demonstrates that the eligible appli- cant has consulted with other education en- tities, if any, within the territorial jurisdic- tion of the applicant that will be affected by the activities to be conducted under the grant; (B) provides for consultation with such other education entities in the operation and evaluation of the activities conducted under the grant; and (C) demonstrates that there will be ade- quate resources provided under this section or from other sources to complete the activi- ties for which assistance is sought. (e) Restrictions (1) In general An Indian tribe may not receive funds under this section if the tribe receives funds under section 1140 of the Education Amendments of 1978 (20 U.S.C. 2020).1 (2) Direct services No funds under this section may be used to provide direct services. (f) Supplement, not supplant Funds under this section shall be used to sup- plement, and not supplant, other Federal, State, and local programs that meet the needs of tribal students. (Pub. L. 89–10, title VI, § 6132, formerly title VII, § 7135, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1928; renumbered title VI, § 6135, renumbered § 6132, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), 6002(n)(2), (p), Dec. 10, 2015, 129 Stat. 2046, 2057, 2060.) Editorial Notes CODIFICATION Section was classified to section 7455 of this title prior to renumbering by Pub. L. 114–95. PRIOR PROVISIONS A prior section 7452, Pub. L. 89–10, title VI, § 6132, for- merly title VII, § 7132, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1924; renumbered title VI, § 6132, Pub. L. 114–95, title VI, § 6001(a), (b)(1), Dec. 10, 2015, 129 Stat. 2046, related to in-service training for teachers of Indian children, prior to repeal by Pub. L. Page 1554 TITLE 20—EDUCATION § 7453 114–95, § 5, title VI, § 6002(n)(1), Dec. 10, 2015, 129 Stat. 1806, 2057, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams. Another prior section 7452, Pub. L. 89–10, title VII, § 7132, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3729, related to research activities, prior to the general amendment of former subchapter VII of this chapter by Pub. L. 107–110. A prior section 6132 of Pub. L. 89–10 was classified to section 7311a of this title, prior to repeal by Pub. L. 114–95. AMENDMENTS 2015—Pub. L. 114–95, § 6001(p), amended section gen- erally. Prior to amendment, section related to grants to Indian tribes for education administrative planning and development. 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 this title. § 7453. Native American and Alaska Native lan- guage immersion schools and programs (a) Purposes The purposes of this section are— (1) to establish a grant program to support schools that use Native American and Alaska Native languages as the primary language of instruction; (2) to maintain, protect, and promote the rights and freedom of Native Americans and Alaska Natives to use, practice, maintain, and revitalize their languages, as envisioned in the Native American Languages Act (25 U.S.C. 2901 et seq.); and (3) to support the Nation’s First Peoples’ ef- forts to maintain and revitalize their lan- guages and cultures, and to improve edu- cational opportunities and student outcomes within Native American and Alaska Native communities. (b) Program authorized (1) In general From funds reserved under section 7492(c) of this title, the Secretary shall reserve 20 per- cent to make grants to eligible entities to de- velop and maintain, or to improve and expand, programs that support schools, including ele- mentary school and secondary school edu- cation sites and streams, using Native Amer- ican and Alaska Native languages as the pri- mary languages of instruction. (2) Eligible entities In this subsection, the term ‘‘eligible enti- ty’’ means any of the following entities that has a plan to develop and maintain, or to im- prove and expand, programs that support the entity’s use of a Native American or Alaska Native language as the primary language of instruction in elementary schools or sec- ondary schools, or both: (A) An Indian tribe. (B) A Tribal College or University (as de- fined in section 1059c of this title). (C) A tribal education agency. (D) A local educational agency, including a public charter school that is a local edu- cational agency under State law. (E) A school operated by the Bureau of In- dian Education. (F) An Alaska Native Regional Corpora- tion (as described in section 1602(g) of title 43). (G) A private, tribal, or Alaska Native nonprofit organization. (H) A nontribal for-profit organization. (c) Application (1) In general An eligible entity that desires to receive a grant under this section shall submit an appli- cation to the Secretary at such time and in such manner as the Secretary may require, in- cluding the following: (A) The name of the Native American or Alaska Native language to be used for in- struction at the school supported by the eli- gible entity. (B) The number of students attending such school. (C) The number of hours of instruction in or through 1 or more Native American or Alaska Native languages being provided to targeted students at such school, if any. (D) A description of how the eligible entity will— (i) use the funds provided to meet the purposes of this section; (ii) implement the activities described in subsection (e); (iii) ensure the implementation of rig- orous academic content; and (iv) ensure that students progress toward high-level fluency goals. (E) Information regarding the school’s or- ganizational governance or affiliations, in- cluding information about— (i) the school governing entity (such as a local educational agency, tribal education agency or department, charter organiza- tion, private organization, or other gov- erning entity); (ii) the school’s accreditation status; (iii) any partnerships with institutions of higher education; and (iv) any indigenous language schooling and research cooperatives. (F) An assurance that— (i) the school is engaged in meeting State or tribally designated long-term goals for students, as may be required by applicable Federal, State, or tribal law; (ii) the school provides assessments of students using the Native American or Alaska Native language of instruction, where possible; (iii) the qualifications of all instruc- tional and leadership personnel at such school is sufficient to deliver high-quality education through the Native American or Alaska Native language used in the school; and (iv) the school will collect and report to the public data relative to student