25 U.S.C. § 2501 — Declaration of policy

Page 484 TITLE 25—INDIANS § 2501 Nov. 18, 1988, 102 Stat. 4219; Pub. L. 101–630, title V, § 509(a), Nov. 28, 1990, 104 Stat. 4567, provided for Indian Health Service program of alcohol and substance abuse detoxification and rehabilitation for Indian youth. Section 2475, Pub. L. 99–570, title IV, § 4228, Oct. 27, 1986, 100 Stat. 3207–150; Pub. L. 100–690, title II, § 2213, Nov. 18, 1988, 102 Stat. 4220, provided for program of training and community education about alcohol and substance abuse. Section 2476, Pub. L. 99–570, title IV, § 4229, Oct. 27, 1986, 100 Stat. 3207–152; Pub. L. 100–690, title II, § 2214, Nov. 18, 1988, 102 Stat. 4220, provided for establishment of Navajo alcohol rehabilitation demonstration pro- gram. Section 2477, Pub. L. 99–570, title IV, § 4230, Oct. 27, 1986, 100 Stat. 3207–152, related to compilation of data and preparation of reports on cases of alcohol or sub- stance abuse in which Indian Health Service personnel or services were involved. Section 2478, Pub. L. 99–570, title IV, § 4231, as added Pub. L. 100–690, title II, § 2215, Nov. 18, 1988, 102 Stat. 4221, authorized grants for alcohol and substance abuse prevention and treatment in urban centers. CHAPTER 27—TRIBALLY CONTROLLED SCHOOL GRANTS Sec. 2501. Declaration of policy. 2502. Grants authorized. 2502a. Retrocession or re-assumption of Indian edu- cation funds. 2503. Composition of grants. 2504. Eligibility for grants. 2505. Duration of eligibility determination. 2506. Payment of grants; investment of funds. 2507. Application with respect to Indian Self-Deter- mination and Education Assistance Act. 2508. Role of the Director. 2509. Regulations. 2510. The tribally controlled grant school endow- ment program. 2511. Definitions. § 2501. Declaration of policy (a) Recognition Congress recognizes that the Indian Self-De- termination and Education Assistance Act [25 U.S.C. 5301 et seq.], which was a product of the legitimate aspirations and a recognition of the inherent authority of Indian nations, was and is a crucial positive step toward tribal and commu- nity control and that the United States has an obligation to assure maximum Indian participa- tion in the direction of educational services so as to render the persons administering such services and the services themselves more re- sponsive to the needs and desires of Indian com- munities. (b) Commitment Congress declares its commitment to the maintenance of the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children through the estab- lishment of a meaningful Indian self-determina- tion policy for education that will deter further perpetuation of Federal bureaucratic domina- tion of programs. (c) National goal Congress declares that a national goal of the United States is to provide the resources, proc- esses, and structure that will enable tribes and local communities to obtain the quantity and quality of educational services and opportuni- ties that will permit Indian children— (1) to compete and excel in areas of their choice; and (2) to achieve the measure of self-determina- tion essential to their social and economic well-being. (d) Educational needs Congress affirms— (1) true self-determination in any society of people is dependent upon an educational proc- ess that will ensure the development of quali- fied people to fulfill meaningful leadership roles; (2) that Indian people have special and unique educational needs, including the need for programs to meet the linguistic and cul- tural aspirations of Indian tribes and commu- nities; and (3) that those needs may best be met through a grant process. (e) Federal relations Congress declares a commitment to the poli- cies described in this section and support, to the full extent of congressional responsibility, for Federal relations with the Indian nations. (f) Termination Congress repudiates and rejects House Concur- rent Resolution 108 of the 83d Congress and any policy of unilateral termination of Federal rela- tions with any Indian nation. (Pub. L. 100–297, title V, § 5202, as added Pub. L. 107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2063.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination and Education Assist- ance Act, referred to in subsec. (a), 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. House Concurrent Resolution 108 of the 83rd Congress, referred to in subsec. (f), is H. Con. Res. 108, Eighty- third Congress, Aug. 1, 1953, 67 Stat. B132, which is not classified to the Code. PRIOR PROVISIONS A prior section 2501, Pub. L. 100–297, title V, § 5202, Apr. 28, 1988, 102 Stat. 385, set forth findings, prior to repeal by Pub. L. 107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2063. 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. SHORT TITLE Pub. L. 100–297, title V, § 5201, Apr. 28, 1988, 102 Stat. 385, provided that: ‘‘This part [part B (§§ 5201–5212) of title V of Pub. L. 100–297, enacting this chapter] may be cited as the ‘Tribally Controlled Schools Act of 1988’.’’ TRIBAL SCHOOL CONSTRUCTION DEMONSTRATION PROGRAM Pub. L. 108–7, div. F, title I, § 122, Feb. 20, 2003, 117 Stat. 241, as amended by Pub. L. 108–108, title I, § 136(a), Nov. 10, 2003, 117 Stat. 1270, provided that: Page 485 TITLE 25—INDIANS § 2502 ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) CONSTRUCTION.—The term ‘construction’, with respect to a tribally controlled school, includes the construction or renovation of that school. ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)) [now 25 U.S.C. 5304(e)]. ‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior. ‘‘(4) TRIBALLY CONTROLLED SCHOOL.—The term ‘trib- ally controlled school’ means a school that currently receives a grant under the Tribally Controlled Schools Act of 1988, as amended (25 U.S.C. 2501 et seq.) or is determined by the Secretary to meet the eligi- bility criteria of section 5205 of the Tribally Con- trolled Schools Act of 1988, as amended (25 U.S.C. 2504). ‘‘(5) DEPARTMENT.—The term ‘Department’ means the Department of the Interior. ‘‘(6) DEMONSTRATION PROGRAM.—The term ‘dem- onstration program’ means the Tribal School Con- struction Demonstration Program. ‘‘(b) IN GENERAL.—The Secretary shall carry out a demonstration program for fiscal years 2003 through 2007 to provide grants to Indian tribes for the construc- tion of tribally controlled schools. ‘‘(1) IN GENERAL.—Subject to the availability of ap- propriations, in carrying out the demonstration pro- gram under subsection (b), the Secretary shall award a grant to each Indian tribe that submits an applica- tion that is approved by the Secretary under para- graph (2). The Secretary shall ensure that applica- tions for funding to replace schools currently receiv- ing funding for facility operation and maintenance from the Bureau of Indian Affairs receive the highest priority for grants under this section. Among such applications, the Secretary shall give priority to ap- plications of Indian tribes that agree to fund all fu- ture facility operation and maintenance costs of the tribally controlled school funded under the dem- onstration program from other than Federal funds. ‘‘(2) GRANT APPLICATIONS.—An application for a grant under the section shall— ‘‘(A) include a proposal for the construction of a tribally controlled school of the Indian tribe that submits the application; and ‘‘(B) be in such form as the Secretary determines appropriate. ‘‘(3) GRANT AGREEMENT.—As a condition to receiv- ing a grant under this section, the Indian tribe shall enter into an agreement with the Secretary that specifies— ‘‘(A) the costs of construction under the grant; ‘‘(B) that the Indian tribe shall be required to contribute towards the cost of the construction a tribal share equal to 50 percent of the costs; and ‘‘(C) any other term or condition that the Sec- retary determines to be appropriate. ‘‘(4) ELIGIBILITY.—Grants awarded under the dem- onstration program shall be used only for construc- tion or replacement of a tribally controlled school. ‘‘(c) EFFECT OF GRANT.—(1) Except as provided in paragraph (2) of this subsection, A [sic] grant received under this section shall be in addition to any other funds received by an Indian tribe under any other pro- vision of law. The receipt of a grant under this section shall not affect the eligibility of an Indian tribe receiv- ing funding, or the amount of funding received by the Indian tribe, under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) or the Indian Self-Deter- mination and Education Assistance Act (25 U.S.C. 450 et seq.) [now 25 U.S.C. 5301 et seq.]. ‘‘(2) A tribe receiving a grant for construction of a tribally controlled school under this section shall not be eligible to receive funding from the Bureau of Indian Affairs for that school for education operations or fa- cility operation and maintenance if the school that was not at the time of the grant: (i) a school receiving fund- ing for education operations or facility operation and maintenance under the Tribally Controlled Schools Act [25 U.S.C. 2501 et seq.] or the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.] or (ii) a school operated by the Bureau of Indian Affairs. ‘‘(d) REPORT.—At the conclusion of the five-year dem- onstration program, the Secretary shall report to Con- gress as to whether the demonstration program has achieved its purposes of providing additional tribes fair opportunities to construct tribally controlled schools, accelerating construction of needed educational facili- ties in Indian Country, and permitting additional funds to be provided for the Department’s priority list for construction of replacement educational facilities.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 107–63, title I, § 125, Nov. 5, 2001, 115 Stat. 440. Pub. L. 106–291, title I, § 153, Oct. 11, 2000, 114 Stat. 960. § 2502. Grants authorized (a) In general (1) Eligibility The Secretary shall provide grants to Indian tribes, and tribal organizations that— (A) operate contract schools under title XI of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.] and notify the Secretary of their election to operate the schools with assistance under this chapter rather than continuing the schools as contract schools; (B) operate other tribally controlled schools eligible for assistance under this chapter and submit applications (which are approved by their tribal governing bodies) to the Secretary for such grants; or (C) elect to assume operation of Bureau- funded schools with the assistance under this chapter and submit applications (which are approved by their tribal governing bod- ies) to the Secretary for such grants. (2) Deposit of funds Grants provided under this chapter shall be deposited into the general operating fund of the tribally controlled school with respect to which the grant is made. (3) Use of funds (A) In general Except as otherwise provided in this para- graph, grants provided under this chapter shall be used to defray, at the discretion of the school board of the tribally controlled school with respect to which the grant is provided, any expenditures for education re- lated activities for which any funds that compose the grant may be used under the laws described in section 2504(a) of this title, including expenditures for— (i) school operations, academic, edu- cational, residential, guidance and coun- seling, and administrative purposes; and (ii) support services for the school, in- cluding transportation. (B) Exception Grants provided under this chapter may, at the discretion of the school board of the tribally controlled school with respect to which such grant is provided, be used to de- fray operations and maintenance expendi- tures for the school if any funds for the oper- ation and maintenance of the school are al- located to the school under the provisions of