25 U.s.c. 2000

§ 1962

TITLE 25—INDIANS

(Pub. L. 95–608, title IV, § 401, Nov. 8, 1978, 92
Stat. 3078; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695.)
CHANGE OF NAME
‘‘Department of Health and Human Services’’ substituted for ‘‘Department of Health, Education, and
Welfare’’ in subsec. (b), pursuant to section 509(b) of
Pub. L. 96–88 which is classified to section 3508(b) of
Title 20, Education.
Select Committee on Indian Affairs of the Senate redesignated Committee on Indian Affairs of the Senate
by section 25 of Senate Resolution No. 71, Feb. 25, 1993,
One Hundred Third Congress.
Committee on Interior and Insular Affairs of the
House of Representatives changed to Committee on
Natural Resources of the House of Representatives on
Jan. 5, 1993, by House Resolution No. 5, One Hundred
Third Congress.

§ 1962. Copies to the States
Within sixty days after November 8, 1978, the
Secretary shall send to the Governor, chief justice of the highest court of appeal, and the attorney general of each State a copy of this chapter, together with committee reports and an explanation of the provisions of this chapter.
(Pub. L. 95–608, title IV, § 402, Nov. 8, 1978, 92
Stat. 3078.)
§ 1963. Severability
If any provision of this chapter or the applicability thereof is held invalid, the remaining provisions of this chapter shall not be affected
thereby.
(Pub. L. 95–608, title IV, § 403, Nov. 8, 1978, 92
Stat. 3078.)
CHAPTER 22—BUREAU OF INDIAN AFFAIRS
PROGRAMS
Sec.

2000.
2001.

2002.
2003.
2004.
2005.
2006.
2007.
2008.
2009.
2010.
2011.
2012.
2013.
2014.
2015.
2016.
2017.
2018.
2019.
2020.
2021.

Declaration of policy.
Accreditation for the basic education of Indian children in Bureau of Indian Affairs
schools.
National criteria for home-living situations.
Codification of regulations.
School boundaries.
Facilities construction.
Bureau of Indian Affairs education functions.
Allotment formula.
Administrative cost grants.
Division of Budget Analysis.
Uniform direct funding and support.
Policy for Indian control of Indian education.
Indian education personnel.
Computerized management information system.
Recruitment of Indian educators.
Annual report; audits.
Rights of Indian students.
Regulations.
Regional meetings and negotiated rulemaking.
Early childhood development program.
Tribal departments or divisions of education.
Definitions.
CODIFICATION

Part B of title XI of the Education Amendments of
1978, comprising this chapter, was originally enacted as
part B of title XI of Pub. L. 95–561, Nov. 1, 1978, 92 Stat.
2316, and amended by 1978 Reorg. Plan No. 2, eff. Jan.
1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 96–46, Aug. 6,

Page 362

1979, 93 Stat. 338; Pub. L. 96–88, Oct. 17, 1979, 93 Stat. 668;
Pub. L. 97–375, Dec. 21, 1982, 96 Stat. 1819; Pub. L. 98–511,
Oct. 19, 1984, 98 Stat. 2366; Pub. L. 99–89, Aug. 15, 1985,
99 Stat. 379; Pub. L. 99–228, Dec. 28, 1985, 99 Stat. 1747;
Pub. L. 99–570, Oct. 27, 1986, 100 Stat. 3207; Pub. L.
100–297, Apr. 28, 1988, 102 Stat. 130; Pub. L. 100–427, Sept.
9, 1988, 102 Stat. 1603; Pub. L. 101–301, May 24, 1990, 104
Stat. 206; Pub. L. 102–531, Oct. 27, 1992, 106 Stat. 3469;
Pub. L. 103–382, Oct. 20, 1994, 108 Stat. 3518; Pub. L.
104–134, Apr. 26, 1996, 110 Stat. 1321; Pub. L. 104–140, May
2, 1996, 110 Stat. 1327; Pub. L. 105–244, Oct. 7, 1998, 112
Stat. 1581; Pub. L. 105–362, Nov. 10, 1998, 112 Stat. 3280;
Pub. L. 106–554, Dec. 21, 2000, 114 Stat. 2763. Part B of
title XI of the Act is shown herein, however, as having
been added by Pub. L. 107–110 without reference to such
intervening amendments because of the extensive
amendment of the part’s provisions by Pub. L. 107–110,
title X, § 1042, Jan. 8, 2002, 115 Stat. 2007.

§ 2000. Declaration of policy
Congress declares that the Federal Government has the sole responsibility for the operation and financial support of the Bureau of Indian Affairs funded school system that it has established on or near Indian reservations and Indian trust lands throughout the Nation for Indian children. It is the policy of the United
States to fulfill the Federal Government’s
unique and continuing trust relationship with
and responsibility to the Indian people for the
education of Indian children and for the operation and financial support of the Bureau of Indian Affairs-funded school system to work in
full cooperation with tribes toward the goal of
ensuring that the programs of the Bureau of Indian Affairs-funded school system are of the
highest quality and provide for the basic elementary and secondary educational needs of Indian children, including meeting the unique educational and cultural needs of those children.
(Pub. L. 95–561, title XI, § 1120, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2007.)
EFFECTIVE DATE
Section effective Jan. 8, 2002, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as a note
under section 6301 of Title 20, Education.
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–110, title X, § 1041, Jan. 8, 2002, 115 Stat.
2007, provided that: ‘‘This part [part D (§§ 1041–1045) of
title X of Pub. L. 107–110, enacting this chapter and sections 2501 to 2511 of this title, amending section 13d–2 of
this title, and repealing former sections 2501 to 2511 of
this title] may be cited as the ‘Native American Education Improvement Act of 2001’.’’
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100–297, title V, § 5101, Apr. 28, 1988, 102 Stat.
363, provided that: ‘‘This part [part A (§§ 5101–5120) of
title V of Pub. L. 100–297, enacting sections 2008a, 2022a,
and 2022b of this title, amending sections 2001 to 2005,
2008 to 2011, and 2019 of this title, repealing section
241bb–1 of Title 20, Education, enacting provisions set
out as notes under section 2011 of this title and section
1411 of Title 20, and repealing provisions set out as a
note under section 241aa of Title 20] may be cited as the
‘Indian Education Amendments of 1988’.’’
SHORT TITLE OF 1985 AMENDMENT
Pub. L. 99–89, § 1(a), Aug. 15, 1985, 99 Stat. 379, provided that: ‘‘This Act [amending sections 2001, 2004,
2006, 2008, 2009, 2016, 2020, 2021, and 2022 of this title, repealing section 2023 of this title, and enacting provi-

Page 363

TITLE 25—INDIANS

sions formerly set out as a note under section 2001 of
this title] may be cited as the ‘Indian Education Technical Amendments Act of 1985’.’’
SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98–511, title V, § 501(a), Oct. 19, 1984, 98 Stat.
2391, provided that: ‘‘This title [enacting sections 2020
to 2023 of this title, amending sections 2001, 2004, 2006,
2008, 2009, 2011, 2012, 2016, 2018 of this title, and sections
241aa to 241ff, 1211a, 1221g, 3385, 3385a, and 3385b of Title
20, Education, and enacting provisions set out as a note
under section 241ff of Title 20] may be cited as the ‘Indian Education Amendments of 1984’.’’
BUREAU OF INDIAN EDUCATION OPERATED SCHOOLS
Pub. L. 112–74, div. E, title I, § 115, Dec. 23, 2011, 125
Stat. 1009, as amended by Pub. L. 113–235, div. F, title
I, § 116, Dec. 16, 2014, 128 Stat. 2421; Pub. L. 114–113, div.
G, title I, § 113, Dec. 18, 2015, 129 Stat. 2550, provided
that:
‘‘(a)(1) Notwithstanding any other provision of law or
Federal regulation, including section 586(c) of title 40,
United States Code, the Director of the BIE [Bureau of
Indian Education], or the Director’s designee, is authorized to enter into agreements with public and private persons and entities that provide for such persons
and entities to rent or lease the land or facilities of a
Bureau-operated school for such periods of time as the
school is Bureau operated, in exchange for a consideration (in the form of funds) that benefits the school, as
determined by the head of the school.
‘‘(2) Funds received under paragraph (1) shall be retained by the school and used for school purposes
otherwise authorized by law. Any funds received under
paragraph (1) are hereby made available until expended
for such purposes, notwithstanding section 3302 of title
31, United States Code.
‘‘(3) Nothing in this section shall be construed to
allow for the diminishment of, or otherwise affect, the
appropriation of funds to the budget accounts for the
operation and maintenance of Bureau-operated schools.
No funds shall be withheld from the distribution to the
budget of any Bureau-operated school due to the receipt by the school of a benefit in accordance with this
section.
‘‘(b) Notwithstanding any provision of title 5, United
States Code, or any regulation promulgated under such
title, education personnel who are under the direction
and supervision of the Secretary of the Interior may
participate in a fundraising activity for the benefit of
a Bureau-operated school in an official capacity as part
of their official duties. When participating in such an
official capacity, the employee may use the employee’s
official title, position, and authority. Nothing in this
subsection shall be construed to authorize participation in political activity (as such term is used in section 7324 of title 5, United States Code) otherwise prohibited by law.
‘‘(c) The Secretary of the Interior shall promulgate
regulations to carry out this section not later than 16
months after the date of the enactment of this Act
[Dec. 23, 2011]. Such regulations shall include—
‘‘(1) standards for the appropriate use of Bureau-operated school lands and facilities by third parties
under a rental or lease agreement;
‘‘(2) provisions for the establishment and administration of mechanisms for the acceptance of consideration for the use and benefit of a school in accordance
with this section (including, in appropriate cases, the
establishment and administration of trust funds);
‘‘(3) accountability standards to ensure ethical conduct; and
‘‘(4) provisions for monitoring the amount and
terms of consideration received, the manner in which
the consideration is used, and any results achieved by
such use.
‘‘(d) Provisions of this section shall apply to fiscal
years 2012 through 2027.’’
THERAPEUTIC MODEL DEMONSTRATION SCHOOLS
Pub. L. 103–382, title V, § 566, Oct. 20, 1994, 108 Stat.
4059, provided that:

§ 2001

‘‘(a) AUTHORIZATION.—
‘‘(1) IN GENERAL.—The Secretary of the Interior,
acting through the Bureau of Indian Affairs, is authorized to establish demonstration schools, based on
the therapeutic model described in this section, to
provide services necessary to achieve positive
changes in the attitudes, behavior, and academic performance of Indian youth attending off-reservation
boarding schools.
‘‘(2) PURPOSE.—The purpose of the therapeutic
model demonstration schools is—
‘‘(A) to provide a program, based on an annual
written plan, linking clinicians, counselors, and
mental health professionals with academic program
personnel in a culturally sensitive residential program tailored to the particular needs of Indian students;
‘‘(B) to provide for a continued evaluation of the
planning and implementation of the therapeutic
model in the designated schools; and
‘‘(C) to determine what steps the Bureau of Indian
Affairs must take and what resources are required
to transform existing off-reservation boarding
schools to meet the needs of chemically dependent,
emotionally disturbed, socially troubled, or other
at-risk Indian youth who attend such schools.
‘‘(b) LOCATION.—The Secretary shall initiate the
therapeutic model at two schools during school years
1994 through 1996, and shall give priority to—
‘‘(1) one school that is the recipient of a grant
under section 5204 of the August [Augustus] F. Hawkins-Robert T. Stafford Elementary and Secondary
School Improvement Amendments of 1988 [25 U.S.C.
2503] during the 1994–1995 school year; and
‘‘(2) one school operated by the Bureau of Indian Affairs during the 1995–1996 school year.
‘‘(c) SERVICES.—The demonstration schools shall provide an integrated residential environment that may
include—
‘‘(1) mental health services;
‘‘(2) education;
‘‘(3) recreation therapy;
‘‘(4) social service programs;
‘‘(5) substance abuse education and prevention; and
‘‘(6) other support services for aftercare.
‘‘(d) STAFFING.—The demonstration schools shall be
staffed with health and social service professionals, and
educators, and may include—
‘‘(1) clinical psychologists;
‘‘(2) child psychologists;
‘‘(3) substance abuse counselors;
‘‘(4) social workers; and
‘‘(5) health educators.
‘‘(e) ENROLLMENT.—Notwithstanding any other provision of law, the Secretary of the Interior may limit the
enrollment at the demonstration schools.
‘‘(f) ASSISTANCE.—The Secretary is authorized to
enter into agreements with other organizations and
agencies, including the Indian Health Service, to carry
out this section.
‘‘(g) REPORT.—Not later than July 31 of each year, the
Secretary of the Interior shall submit a report to the
Committee on Indian Affairs of the Senate and the
Committee on Education and Labor of the House of
Representatives on the progress of the Department of
the Interior in the development of the demonstration
schools.’’

§ 2001. Accreditation for the basic education of
Indian children in Bureau of Indian Affairs
schools
(a) Purpose; declarations of purpose
(1) Purpose
The purpose of the accreditation required
under this section shall be to ensure that Indian students being served by a school funded
by the Bureau of Indian Affairs are provided