25 U.S.C. § 2020 — Tribal departments or divisions of edu-

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. Page 432 TITLE 25—INDIANS § 2021 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. § 2021. Definitions For the purposes of this chapter, unless other- wise specified: (1) Agency school board The term ‘‘agency school board’’ means a body— (A) the members of which are appointed by all of the school boards of the schools lo- cated within an agency, including schools operated under contract or grant; and (B) the number of such members is deter- mined by the Secretary, in consultation with the affected tribes; except that, in agencies serving a single school, the school board of such school shall fulfill these duties, and in agencies having schools or a school operated under contract or grant, one such member at least shall be from such a school. (2) Bureau The term ‘‘Bureau’’ means the Bureau of In- dian Affairs of the Department of the Interior. (3) Bureau-funded school The term ‘‘Bureau-funded school’’ means— (A) a Bureau school; (B) a contract or grant school; or (C) a school for which assistance is pro- vided under the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.]. (4) Bureau school The term ‘‘Bureau school’’ means a Bureau- operated elementary or secondary day or boarding school or a Bureau-operated dor- mitory for students attending a school other than a Bureau school. (5) Complementary educational facilities The term ‘‘complementary educational fa- cilities’’ means educational program func- tional spaces such as libraries, gymnasiums, and cafeterias. (6) Contract or grant school The term ‘‘contract or grant school’’ means an elementary school, secondary school, or dormitory that receives financial assistance for its operation under a contract, grant, or agreement with the Bureau under section 5321, 5322(a), or 5352 of this title, or under the Trib- ally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.]. (7) Director The term ‘‘Director’’ means the Director of the Office of Indian Education Programs. (8) Education line officer The term ‘‘education line officer’’ means a member of the education personnel under the supervision of the Director of the Office, whether located in a central, area, or agency office. (9) Family literacy services The term ‘‘family literacy services’’ has the meaning given that term in section 7801 of title 20. (10) Financial plan The term ‘‘financial plan’’ means a plan of services provided by each Bureau school. (11) Indian organization The term ‘‘Indian organization’’ means any group, association, partnership, corporation, or other legal entity owned or controlled by a federally recognized Indian tribe or tribes, or a majority of whose members are members of federally recognized tribes. (12) Inherently Federal functions The term ‘‘inherently Federal functions’’ means functions and responsibilities which, under section 2006(c) of this title, are non- contractable, including— (A) the allocation and obligation of Fed- eral funds and determinations as to the amounts of expenditures; (B) the administration of Federal per- sonnel laws for Federal employees; (C) the administration of Federal con- tracting and grant laws, including the moni- toring and auditing of contracts and grants in order to maintain the continuing trust, programmatic, and fiscal responsibilities of the Secretary; (D) the conducting of administrative hear- ings and deciding of administrative appeals; (E) the determination of the Secretary’s views and recommendations concerning ad- ministrative appeals or litigation and the representation of the Secretary in adminis- trative appeals and litigation; (F) the issuance of Federal regulations and policies as well as any documents published in the Federal Register; (G) reporting to Congress and the Presi- dent; (H) the formulation of the Secretary’s and the President’s policies and their budgetary and legislative recommendations and views; and (I) the nondelegable statutory duties of the Secretary relating to trust resources. (13) Local educational agency The term ‘‘local educational agency’’ means a board of education or other legally con- stituted local school authority having admin- istrative control and direction of free public education in a county, township, or inde- pendent or other school district located within a State, and includes any State agency that directly operates and maintains facilities for providing free public education. (14) Local school board The term ‘‘local school board’’, when used with respect to a Bureau school, means a body chosen in accordance with the laws of the tribe to be served or, in the absence of such laws, elected by the parents of the Indian chil- dren attending the school, except that, for a school serving a substantial number of stu- dents from different tribes—