25 U.S.C. § 2011 — Policy for Indian control of Indian edu-

Page 419 TITLE 25—INDIANS § 2011 (f) Cooperative agreements (1) Implementation (A) In general From funds allotted to a Bureau school under section 2007 of this title, the Secretary shall, if specifically requested by the appro- priate tribal governing body, implement a cooperative agreement that is entered into between the tribe, the Bureau, the local school board, and a local public school dis- trict that meets the requirements of para- graph (2) and involves the school. (B) Terms The tribe, the Bureau, the school board, and the local public school district shall de- termine the terms of an agreement entered into under subparagraph (A). (2) Coordination provisions An agreement under paragraph (1) may, with respect to the Bureau school and schools in the school district involved, encompass coordi- nation of all or any part of the following: (A) The academic program and curriculum, unless the Bureau school is accredited by a State or regional accrediting entity and would not continue to be so accredited if the agreement encompassed the program and curriculum. (B) Support services, including procure- ment and facilities maintenance. (C) Transportation. (3) Equal benefit and burden (A) In general Each agreement entered into under para- graph (1) shall confer a benefit upon the Bu- reau school commensurate with the burden assumed by the school. (B) Limitation Subparagraph (A) shall not be construed to require equal expenditures, or an exchange of similar services, by the Bureau school and schools in the school district. (g) Product or result of student projects Notwithstanding any other provision of law, in a case in which there is agreement on action be- tween the superintendent and the school board of a Bureau-funded school, the product or result of a project conducted in whole or in major part by a student may be given to that student upon the completion of such project. (h) Matching fund requirements (1) Not considered Federal funds Notwithstanding any other provision of law, funds received by a Bureau-funded school under this chapter for education-related ac- tivities (not including funds for construction, maintenance, and facilities improvement or repair) shall not be considered Federal funds for the purposes of a matching funds require- ment for any Federal program. (2) Limitation In considering an application from a Bureau- funded school for participation in a program or project that requires matching funds, the entity administering such program or project or awarding such grant shall not give positive or negative weight to such application based solely on the provisions of paragraph (1). (Pub. L. 95–561, title XI, § 1130, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2039.) Editorial Notes REFERENCES IN TEXT The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (a)(4), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, as amended which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and sec- tion 911 of Title 42, The Public Health and Welfare, re- pealed section 661 of Title 2, enacted provisions set out as notes under section 900 of Title 2 and section 911 of Title 42, and amended provisions set out as a note under section 621 of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables. Act of April 16, 1934, referred to in subsec. (e)(2), is act Apr. 16, 1934, ch. 147, 48 Stat. 596, popularly known as the Johnson-O’Malley Act, which is classified gen- erally to section 5342 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. This Act, referred to in subsec. (e)(2), 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. This chapter, referred to in subsec. (h)(1), was in the original ‘‘this title’’, meaning title XI (§ 1101 et seq.) of Pub. L. 95–561, which is classified principally to this chapter. For complete classification of title XI to the Code, see Tables. PRIOR PROVISIONS A prior section 2010, Pub. L. 95–561, title XI, § 1130, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 3999, related to uniform direct funding and sup- port, prior to the general amendment of this chapter by Pub. L. 107–110. Another prior section 2010, Pub. L. 95–561, title XI, § 1130, Nov. 1, 1978, 92 Stat. 2321; Pub. L. 100–297, title V, § 5111, Apr. 28, 1988, 102 Stat. 376; Pub. L. 100–427, § 7, Sept. 9, 1988, 102 Stat. 1605, related to policy for Indian control of Indian education, 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. § 2011. Policy for Indian control of Indian edu- cation (a) Facilitation of Indian control It shall be the policy of the United States act- ing through the Secretary, in carrying out the functions of the Bureau, to facilitate Indian con- trol of Indian affairs in all matters relating to education. (b) Consultation with tribes (1) In general All actions under this Act shall be done with active consultation with tribes. The United Page 420 TITLE 25—INDIANS § 2012 1 So in original. The word ‘‘that’’ probably should not appear. States acting through the Secretary and tribes shall work in a government-to-government re- lationship to ensure quality education for all tribal members. (2) Requirements (A) Definition of consultation In this subsection, the term ‘‘consulta- tion’’ means a process involving the open discussion and joint deliberation of all op- tions with respect to potential issues or changes between the Bureau and all inter- ested parties. (B) Discussion and joint deliberation During discussions and joint deliberations, interested parties (including tribes and school officials) shall be given an oppor- tunity— (i) to present issues (including proposals regarding changes in current practices or programs) that will be considered for fu- ture action by the Secretary; and (ii) to participate and discuss the options presented, or to present alternatives, with the views and concerns of the interested parties given effect unless the Secretary determines, from information available from or presented by the interested parties during one or more of the discussions and deliberations, that there is a substantial reason for another course of action. (C) Explanation by Secretary The Secretary shall submit to any Member of Congress, within 18 days of the receipt of a written request by such Member, a written explanation of any decision made by the Secretary which is not consistent with the views of the interested parties described in subparagraph (B). (Pub. L. 95–561, title XI, § 1131, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2043.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (b)(1), 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 2011, Pub. L. 95–561, title XI, § 1131, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4001, related to policy for Indian control of Indian education, prior to the general amendment of this chapter by Pub. L. 107–110. Another prior section 2011, Pub. L. 95–561, title XI, § 1131, Nov. 1, 1978, 92 Stat. 2322; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 98–511, title V, § 507(b), Oct. 19, 1984, 98 Stat. 2396; Pub. L. 100–297, title V, §§ 5112(a), (b)(1), 5114, 5115, Apr. 28, 1988, 102 Stat. 377, 378, 380; Pub. L. 100–427, § 9(a)–(c), Sept. 9, 1988, 102 Stat. 1606, related to education per- sonnel, 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. § 2012. Indian education personnel (a) In general Chapter 51, subchapter III of chapter 53, and chapter 63 of title 5, relating to classification, pay and leave, respectively, and the sections of such title relating to the appointment, pro- motion, hours of work, and removal of civil service employees, shall not apply to educators or to education positions (as defined in sub- section (p)). (b) Regulations Not later than 60 days after January 8, 2002, the Secretary shall prescribe regulations to carry out this section. Such regulations shall provide for— (1) the establishment of education positions; (2) the establishment of qualifications for educators and education personnel; (3) the fixing of basic compensation for edu- cators and education positions; (4) the appointment of educators; (5) the discharge of educators; (6) the entitlement of educators to com- pensation; (7) the payment of compensation to edu- cators; (8) the conditions of employment of edu- cators; (9) the leave system for educators; (10) the annual leave and sick leave for edu- cators; (11) the length of the school year applicable to education positions described in subsection (a); and (12) such additional matters as may be ap- propriate. (c) Qualifications of educators (1) Requirements In prescribing regulations to govern the qualifications of educators, the Secretary shall require that— (A) lists of qualified and interviewed appli- cants for education positions be maintained in each agency and area office of the Bureau from among individuals who have applied at the agency or area level for an education po- sition or who have applied at the national level and have indicated in such application an interest in working in certain areas or agencies; (B) a local school board shall have the au- thority to waive on a case-by-case basis, any formal education or degree qualifications es- tablished by regulation pursuant to sub- section (b)(2), in order for a tribal member to be hired in an education position to teach courses on tribal culture and language and that subject to subsection (e)(2), a deter- mination by a school board that such a per- son be hired shall be instituted by the super- visor of the school involved; and (C) that 1 it shall not be a prerequisite to the employment of an individual in an edu- cation position at the local level that—