National Criteria for Home-living Situations

Page 657

§ 2002

TITLE 25—INDIANS

ing education or related services may be used
for schoolwide projects to improve the educational program for all Indian students.
(h) Study on adequacy of funds and formulas
(1) Study
The Comptroller General of the United
States shall conduct a study to determine the
adequacy of funding, and formulas used by the
Bureau to determine funding, for programs operated by Bureau-funded schools, taking into
account unique circumstances applicable to
Bureau-funded schools. The study shall analyze existing information gathered and contained in germane studies that have been conducted or are currently being conducted with
regard to Bureau-funded schools.
(2) Action
Upon completion of the study, the Secretary
of the Interior shall take such action as necessary to ensure distribution of the findings of
the study to all affected Indian tribes, local
school boards, and associations of local school
boards.
(Pub. L. 95–561, title XI, § 1121, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2007;
amended Pub. L. 109–54, title I, § 127, Aug. 2, 2005,
119 Stat. 525.)

cation of Indian children in Bureau of Indian Affairs
schools, prior to the general amendment of this chapter
by Pub. L. 107–110.
Another prior section 2001, Pub. L. 95–561, title XI,
§ 1121, Nov. 1, 1978, 92 Stat. 2316; Pub. L. 96–46,
§ 2(b)(2)–(4), Aug. 6, 1979, 93 Stat. 341; Pub. L. 96–88, title
III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692;
Pub. L. 98–511, title V, § 502, Oct. 19, 1984, 98 Stat. 2391;
Pub. L. 99–89, § 2, Aug. 15, 1985, 99 Stat. 379; Pub. L.
99–570, title IV, § 4133(b)(3), Oct. 27, 1986, 100 Stat.
3207–134; Pub. L. 100–297, title V, §§ 5102, 5104, Apr. 28,
1988, 102 Stat. 363, 365; Pub. L. 100–427, § 1(a), (b), Sept.
9, 1988, 102 Stat. 1603; Pub. L. 102–531, title III, § 312(b),
Oct. 27, 1992, 106 Stat. 3504, related to standards for
basic education of Indian children in Bureau or contract schools, prior to the general amendment of this
chapter by Pub. L. 103–382.
AMENDMENTS
2005—Subsec. (d)(7). Pub. L. 109–54 added par. (7) and
struck out heading and text of former par. (7). Text
read as follows: ‘‘The Secretary may, with the approval
of the tribal governing body, terminate, contract,
transfer to any other authority, consolidate, or substantially curtail the operation or facilities of—
‘‘(A) any Bureau-funded school that is operated on
or after January 1, 1999;
‘‘(B) any program of such a school that is operated
on or after January 1, 1999; or
‘‘(C) any school board of a school operated under a
grant under the Tribally Controlled Schools Act of
1988.’’

REFERENCES IN TEXT

CHANGE OF NAME

This section, referred to in subsec. (b)(4) and the second place appearing in subsec. (c)(1), mean section 1121
of Pub. L. 95–561, prior to the general amendment of
this chapter by Pub. L. 107–110. See Prior Provisions
notes below.
The Indian Self-Determination Act, referred to in
subsec. (b)(8)(D) to (F), is title I of Pub. L. 93–638, Jan.
4, 1975, 88 Stat. 2206, as amended, which is classified
principally to part A (§ 450f et seq.) of subchapter II of
chapter 14 of this title. For complete classification of
this Act to the Code, see Short Title note set out under
section 450 of this title and Tables.
The Tribally Controlled Schools Act of 1988, referred
to in subsec. (b)(8)(D) to (F), 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. Sections 5204 and 5207 of the
Act were classified to sections 2503 and 2506, respectively, of this title, prior to repeal by Pub. L. 107–110,
title X, § 1043, Jan. 8, 2002, 115 Stat. 2063. Pub. L. 107–110
enacted new sections 5204 and 5207 which are classified
to sections 2503 and 2506, respectively, of this title. Pub.
L. 107–110 enacted new sections 5203 and 5206 of Pub. L.
100–297, relating to subject matter similar to that of
former sections 5204 and 5207, respectively, which are
classified to sections 2502 and 2505, respectively, 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 Indian Self-Determination and Education Assistance Act referred to in subsec. (e)(4)(C), is Pub. L.
93–638, Jan. 4, 1975, 88 Stat. 2203, as amended, which is
classified principally to subchapter II (§ 450 et seq.) of
chapter 14 of this title. For complete classification of
this Act to the Code, see Short Title note set out under
section 450 of this title and Tables.

Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

PRIOR PROVISIONS
A prior section 2001, Pub. L. 95–561, title XI, § 1121, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 3979; amended Pub. L. 104–134, title I, § 101(d) [title
VII, § 703(d)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–255; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110
Stat. 1327; Pub. L. 105–362, title VIII, § 801(c)(1), Nov. 10,
1998, 112 Stat. 3287, related to standards for basic edu-

§ 2002. National criteria for home-living situations
(a) Revision of standards
(1) In general
The Secretary, in consultation with the Secretary of Education, Indian organizations and
tribes, and Bureau-funded schools, shall revise
the national standards for home-living (dormitory) situations to include such factors as
heating, lighting, cooling, adult-child ratios,
needs for counselors (including special needs
related to off-reservation home-living (dormitory) situations), therapeutic programs,
space, and privacy.
(2) Implementation
Such standards shall be implemented in Bureau-operated schools, and shall serve as minimum standards for contract or grant schools.
(3) Revision after establishment
Once established, any revisions of such
standards shall be developed according to the
requirements established under section 2017 of
this title.
(b) Implementation
The Secretary shall implement the revised
standards established under this section immediately upon completion of the standards.
(c) Plan
(1) In general
The Secretary shall submit to the appropriate committees of Congress, the tribes, and
the affected schools, and publish in the Fed-

§ 2003

TITLE 25—INDIANS

eral Register, a detailed plan to bring all Bureau-funded schools that provide home-living
(dormitory) situations up to the standards established under this section.
(2) Components of plan
The plan described in paragraph (1) shall include—
(A) a statement of the relative needs of
each Bureau-funded home-living (dormitory)
school;
(B) projected future needs of each Bureaufunded home-living (dormitory) school;
(C) detailed information on the status of
each school in relation to the standards established under this section;
(D) specific cost estimates for meeting
each standard for each such school;
(E) aggregate cost estimates for bringing
all such schools into compliance with the
criteria established under this section; and
(F) specific timelines for bringing each
school into compliance with such standards.
(d) Waiver
(1) In general
A tribal governing body or local school
board may, in accordance with this subsection, waive the standards established under
this section for a school described in subsection (a) of this section.
(2) Inappropriate standards
(A) In general
A tribal governing body, or the local
school board so designated by the tribal governing body, may waive, in whole or in part,
the standards established under this section
if such standards are determined by such
body or board to be inappropriate for the
needs of students from that tribe.
(B) Alternative standards
The tribal governing body or school board
involved shall, not later than 60 days after
providing a waiver under subparagraph (A)
for a school, submit to the Director a proposal for alternative standards that take
into account the specific needs of the tribe’s
children. Such alternative standards shall be
established by the Director for the school involved unless specifically rejected by the Director for good cause and in writing provided
to the affected tribes or local school board.
(e) Closure for failure to meet standards prohibited
No school in operation on or before July 1, 1999
(regardless of compliance or noncompliance
with the standards established under this section), may be closed, transferred to another authority, or consolidated, and no program of such
a school may be substantially curtailed, because
the school failed to meet such standards.
(Pub. L. 95–561, title XI, § 1122, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2018.)
PRIOR PROVISIONS
A prior section 2002, Pub. L. 95–561, title XI, § 1122, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 3984; amended Pub. L. 105–362, title VIII, § 801(c)(2),
Nov. 10, 1998, 112 Stat. 3288, related to national criteria

Page 658

for dormitory situations, prior to the general amendment of this chapter by Pub. L. 107–110.
Another prior section 2002, Pub. L. 95–561, title XI,
§ 1122, Nov. 1, 1978, 92 Stat. 2318; Pub. L. 96–46, § 2(b)(5),
Aug. 6, 1979, 93 Stat. 341; Pub. L. 96–88, title III,
§ 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692;
Pub. L. 100–297, title V, § 5105, Apr. 28, 1988, 102 Stat. 367,
related to national criteria for dormitory situations,
prior to the general amendment of this chapter by Pub.
L. 103–382.

§ 2003. Codification of regulations
(a) Part 32 of Title 25, Code of Federal Regulations
The provisions of part 32 of title 25, Code of
Federal Regulations, as in effect on January 1,
1987, are incorporated into this Act and shall be
treated as though such provisions are set forth
in this subsection. Such provisions may be altered only by means of an Act of Congress. To
the extent that such provisions of part 32 do not
conform with this Act or any statutory provision of law enacted before November 1, 1978, the
provisions of this Act and the provisions of such
other statutory law shall govern.
(b) Definition of regulation
In this section, the term ‘‘regulation’’ means
any rule, regulation, guideline, interpretation,
order, or requirement of general applicability
prescribed by any officer or employee of the executive branch.
(Pub. L. 95–561, title XI, § 1123, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2019.)
REFERENCES IN TEXT
This Act, referred to in subsec. (a), means Pub. L.
95–561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as
the Education Amendments of 1978. For complete classification of this Act to the Code, see Short Title of
1978 Amendment note set out under section 6301 of Title
20, Education, and Tables.
PRIOR PROVISIONS
A prior section 2003, Pub. L. 95–561, title XI, § 1123, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 3985, related to the incorporation of regulations
into, or the application of regulations to, Pub. L.
95–561, prior to the general amendment of this chapter
by Pub. L. 107–110.
Another prior section 2003, Pub. L. 95–561, title XI,
§ 1123, Nov. 1, 1978, 92 Stat. 2319; Pub. L. 100–297, title V,
§ 5106, Apr. 28, 1988, 102 Stat. 367, related to the incorporation of regulations into, or the application of regulations to, Pub. L. 95–561, prior to the general amendment
of this chapter by Pub. L. 103–382.

§ 2004. School boundaries
(a) Establishment by Secretary
The Secretary shall establish, by regulation,
separate geographical attendance areas for each
Bureau-funded school.
(b) Establishment by tribal body
In any case where there is more than one Bureau-funded school located on an Indian reservation, at the direction of the tribal governing
body, the relevant school boards of the Bureaufunded schools on the reservation may, by mutual consent, establish the relevant attendance
areas for such schools, subject to the approval of
the tribal governing body. Any such boundaries
so established shall be accepted by the Secretary.