Tribally Controlled Schools Act of 1988

Page 483

Stat. 2206, which is classified principally to subchapter
I (§ 5321 et seq.) of chapter 46 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.
Section 2477 of this title, referred to in subsec. (b),
was repealed by Pub. L. 102–573, title VII, § 702(b)(2),
Oct. 29, 1992, 106 Stat. 4582.

SUBCHAPTER VI—INDIAN ALCOHOL
SUBSTANCE ABUSE TREATMENT
REHABILITATION

AND
AND

§ 2471. Transferred
Editorial Notes
CODIFICATION
Section, Pub. L. 99–570, title IV, § 4224, Oct. 27, 1986,
100 Stat. 3207–148, which related to review of programs
providing health services and benefits to Indians, was
renumbered section 4208A of Pub. L. 99–570 by Pub. L.
102–573, title VII, § 702(b)(1), Oct. 29, 1992, 106 Stat. 4582,
and transferred to section 2414a of this title.

§§ 2472 to 2478. Repealed. Pub. L. 102–573, title
VII, § 702(b)(2), Oct. 29, 1992, 106 Stat. 4582
Section 2472, Pub. L. 99–570, title IV, § 4225, Oct. 27,
1986, 100 Stat. 3207–148, related to responsibilities of Indian Health Service for alcohol and substance abuse
prevention and treatment.
Section 2473, Pub. L. 99–570, title IV, § 4226, Oct. 27,
1986, 100 Stat. 3207–149; Pub. L. 100–690, title II, § 2217,
Nov. 18, 1988, 102 Stat. 4222, provided for program of alcohol and substance abuse prevention and treatment
through Indian Health Service.
Section 2474, Pub. L. 99–570, title IV, § 4227, Oct. 27,
1986, 100 Stat. 3207–149; Pub. L. 100–690, title II, § 2212,
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 program.
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 substance 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.
2502.
2502a.
2503.
2504.
2505.
2506.
2507.
2508.
2509.
2510.
2511.

§ 2501

TITLE 25—INDIANS

Declaration of policy.
Grants authorized.
Retrocession or re-assumption of Indian education funds.
Composition of grants.
Eligibility for grants.
Duration of eligibility determination.
Payment of grants; investment of funds.
Application with respect to Indian Self-Determination and Education Assistance Act.
Role of the Director.
Regulations.
The tribally controlled grant school endowment program.
Definitions.

§ 2501. Declaration of policy
(a) Recognition
Congress recognizes that the Indian Self-Determination 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 community control and that the United States has an
obligation to assure maximum Indian participation in the direction of educational services so
as to render the persons administering such
services and the services themselves more responsive to the needs and desires of Indian communities.
(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 establishment of a meaningful Indian self-determination policy for education that will deter further
perpetuation of Federal bureaucratic domination of programs.
(c) National goal
Congress declares that a national goal of the
United States is to provide the resources, processes, and structure that will enable tribes and
local communities to obtain the quantity and
quality of educational services and opportunities that will permit Indian children—
(1) to compete and excel in areas of their
choice; and
(2) to achieve the measure of self-determination 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 process that will ensure the development of qualified 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 cultural aspirations of Indian tribes and communities; and
(3) that those needs may best be met
through a grant process.
(e) Federal relations
Congress declares a commitment to the policies 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 Concurrent Resolution 108 of the 83d Congress and any
policy of unilateral termination of Federal relations 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 Assistance Act, referred to in subsec. (a), is Pub. L. 93–638,

§ 2502

TITLE 25—INDIANS

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, Eightythird 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 programs, 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:
‘‘(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 ‘tribally 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 eligibility criteria of section 5205 of the Tribally Controlled 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 ‘demonstration program’ means the Tribal School Construction 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 construction of tribally controlled schools.
‘‘(1) IN GENERAL.—Subject to the availability of appropriations, in carrying out the demonstration program under subsection (b), the Secretary shall award
a grant to each Indian tribe that submits an application that is approved by the Secretary under paragraph (2). The Secretary shall ensure that applications for funding to replace schools currently receiving 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 applications of Indian tribes that agree to fund all future facility operation and maintenance costs of the
tribally controlled school funded under the demonstration 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

Page 484

‘‘(B) be in such form as the Secretary determines
appropriate.
‘‘(3) GRANT AGREEMENT.—As a condition to receiving 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 Secretary determines to be appropriate.
‘‘(4) ELIGIBILITY.—Grants awarded under the demonstration program shall be used only for construction 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 provision of law. The receipt of a grant under this section
shall not affect the eligibility of an Indian tribe receiving 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-Determination 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 facility operation and maintenance if the school that was
not at the time of the grant: (i) a school receiving funding 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 demonstration program, the Secretary shall report to Congress 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 facilities 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 Bureaufunded schools with the assistance under
this chapter and submit applications (which
are approved by their tribal governing bodies) to the Secretary for such grants.
(2) Deposit of funds
Grants provided under this chapter shall be
deposited into the general operating fund of

Page 485

TITLE 25—INDIANS

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 paragraph, 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 related 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, educational, residential, guidance and counseling, and administrative purposes; and
(ii) support services for the school, including 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 defray operations and maintenance expenditures for the school if any funds for the operation and maintenance of the school are allocated to the school under the provisions of
any of the laws described in section 2504(a)
of this title.
(b) Limitations
(1) One grant per tribe or organization per fiscal year
Not more than one grant may be provided
under this chapter with respect to any Indian
tribe or tribal organization for any fiscal year.
(2) Nonsectarian use
Funds provided under any grant made under
this chapter may not be used in connection
with religious worship or sectarian instruction.
(3) Administrative costs limitation
Funds provided under any grant under this
chapter may not be expended for administrative costs (as defined in section 1128(h)(1) of
the Education Amendments of 1978 [25 U.S.C.
2008(h)(1)]) in excess of the amount generated
for such costs under section 1128 of such Act.
(c) Limitation on transfer of funds among school
sites
(1) In general
In the case of a grantee that operates
schools at more than one school site, the
grantee may expend at any school site operated by the grantee not more than the lesser
of—
(A) 10 percent of the funds allocated for
another school site under section 1128 of the
Education Amendments of 1978 [25 U.S.C.
2008]; or
(B) $400,000 of the funds allocated for another school site.
(2) Definition of school site
For purposes of this subsection, the term
‘‘school site’’ means the physical location and

§ 2502

the facilities of an elementary or secondary
educational or residential program operated
by, or under contract or grant with, the Bureau for which a discreet 1 student count is
identified under the funding formula established under section 1127 of the Education
Amendments of 1978 [25 U.S.C. 2007].
(d) No requirement to accept grants
Nothing in this chapter may be construed—
(1) to require a tribe or tribal organization
to apply for or accept; or
(2) to allow any person to coerce any tribe or
tribal organization to apply for, or accept,
a grant under this chapter to plan, conduct, and
administer all of, or any portion of, any Bureau
program. Such applications and the timing of
such applications shall be strictly voluntary.
Nothing in this chapter may be construed as allowing or requiring any grant with any entity
other than the entity to which the grant is provided.
(e) No effect on Federal responsibility
Grants provided under this chapter shall not
terminate, modify, suspend, or reduce the responsibility of the Federal Government to provide a program.
(f) Retrocession
(1) In general
Whenever a tribal governing body requests
retrocession of any program for which assistance is provided under this chapter, such retrocession shall become effective upon a date
specified by the Secretary that is not later
than 120 days after the date on which the tribal governing body requests the retrocession. A
later date may be specified if mutually agreed
upon by the Secretary and the tribal governing body. If such a program is retroceded,
the Secretary shall provide to any Indian tribe
served by such program at least the same
quantity and quality of services that would
have been provided under such program at the
level of funding provided under this chapter
prior to the retrocession.
(2) Status after retrocession
The tribe requesting retrocession shall
specify whether the retrocession is to status
as a Bureau-operated school or as a school operated under contract under the Indian SelfDetermination and Education Assistance Act
[25 U.S.C. 5301 et seq.].
(3) Transfer of equipment and materials
Except as otherwise determined by the Secretary, the tribe or tribal organization operating the program to be retroceded must
transfer to the Secretary (or to the tribe or
tribal organization which will operate the program as a contract school) the existing equipment and materials which were acquired—
(A) with assistance under this chapter; or
(B) upon assumption of operation of the
program under this chapter, if the school
was a Bureau-funded school under title XI of
the Education Amendments of 1978 [25 U.S.C.
2000 et seq.] before receiving assistance
under this chapter.
1 So

in original. Probably should be ‘‘discrete’’.

§ 2502a

TITLE 25—INDIANS

Page 486

(g) Prohibition of termination for administrative
convenience
Grants provided under this chapter may not be
terminated, modified, suspended, or reduced
solely for the convenience of the administering
agency.

priations Act, 2014, and also as part of the Consolidated
Appropriations Act, 2014, and not as part of the Tribally Controlled Schools Act of 1988 which comprises
this chapter.

(Pub. L. 100–297, title V, § 5203, as added Pub. L.
107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2064.)

The grant provided under this chapter to an
Indian tribe or tribal organization for any fiscal
year shall consist of—
(1) the total amount of funds allocated for
such fiscal year under sections 1127 and 1128 of
the Education Amendments of 1978 [25 U.S.C.
2007, 2008] with respect to the tribally controlled schools eligible for assistance under
this chapter which are operated by such Indian
tribe or tribal organization, including, but not
limited to, funds provided under such sections,
or under any other provision of law, for transportation costs;
(2) to the extent requested by such Indian
tribe or tribal organization, the total amount
of funds provided from operations and maintenance accounts and, notwithstanding section
5324 of this title, or any other provision of law,
other facilities accounts for such schools for
such fiscal year (including but not limited to
those referenced under section 1126(d) of the
Education Amendments of 1978 [25 U.S.C.
2006(d)] or any other law); and
(3) the total amount of funds that are allocated to such schools for such fiscal year
under—
(A) title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301
et seq.];
(B) the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.]; and
(C) any other Federal education law, that
are allocated to such schools for such fiscal
year.1
(b) Special rules
(1) In general
(A) Applicability of certain laws
Funds allocated to a tribally controlled
school by reason of paragraph (1) or (2) of
subsection (a) shall be subject to the provisions of this chapter and shall not be subject
to any additional restriction, priority, or
limitation that is imposed by the Bureau
with respect to funds provided under—
(i) title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C.
6301 et seq.];
(ii) the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.]; or
(iii) any Federal education law other
than title XI of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.].
(B) Applicability of Bureau provisions
Indian tribes and tribal organizations to
which grants are provided under this chapter, and tribally controlled schools for which
such grants are provided, shall not be subject to any requirements, obligations, restrictions, or limitations imposed by the Bu-

Editorial Notes
REFERENCES IN TEXT
The Education Amendments of 1978, referred to in
subsecs. (a)(1)(A) and (f)(3)(B), is Pub. L. 95–561, Nov. 1,
1978, 92 Stat. 2143. Title XI of the Act is classified principally to chapter 22 (§ 2000 et seq.) of this title. 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.
The Indian Self-Determination and Education Assistance Act, referred to in subsec. (f)(2), 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.
PRIOR PROVISIONS
A prior section 2502, Pub. L. 100–297, title V, § 5203,
Apr. 28, 1988, 102 Stat. 385, set forth declaration of policy, prior to repeal by Pub. L. 107–110, title X, § 1043,
Jan. 8, 2002, 115 Stat. 2063. See section 2501 of this title.
Statutory Notes and Related Subsidiaries
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.

§ 2502a. Retrocession or re-assumption of Indian
education funds
Beginning July 1, 2008, and thereafter, any
funds (including investments and interest
earned, except for construction funds) held by a
Public Law 100–297 grant or a Public Law 93–638
contract school shall, upon retrocession to or reassumption by the Bureau of Indian Education,
remain available to the Bureau of Indian Education for a period of 5 years from the date of
retrocession or re-assumption for the benefit of
the programs approved for the school on October
1, 1995.
(Pub. L. 113–76, div. G, title I, § 110, Jan. 17, 2014,
128 Stat. 312.)
Editorial Notes
REFERENCES IN TEXT
Public Law 100–297, referred to in text, is Pub. L.
100–297, Apr. 28, 1988, 102 Stat. 130. For complete classification of this Act to the Code, see Short Title of 1988
Amendments note set out under section 6301 of Title 20,
Education, and Tables.
Public Law 93–638, referred to in text, 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.

§ 2503. Composition of grants
(a) In general

CODIFICATION
Section was enacted as part of the Department of the
Interior, Environment, and Related Agencies Appro-

1 So in original. The words ‘‘, that are allocated to such
schools for such fiscal year’’ probably should not appear.

Page 487

TITLE 25—INDIANS

reau that would otherwise apply solely by
reason of the receipt of funds provided under
any law referred to in clause (i), (ii), or (iii)
of subparagraph (A).
(2) Schools considered contract schools
Tribally controlled schools for which grants
are provided under this chapter shall be treated as contract schools for the purposes of allocation of funds under sections 1126(e), 1127, and
1128 of the Education Amendments of 1978 [25
U.S.C. 2006(e), 2007, 2008].
(3) Schools considered Bureau schools
Tribally controlled schools for which grants
are provided under this chapter shall be treated as Bureau schools for the purposes of allocation of funds provided under—
(A) title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301
et seq.];
(B) the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.]; and
(C) any other Federal education law, that
are distributed through the Bureau.
(4) Accounts; use of certain funds
(A) Separate account
(i) In general
Notwithstanding section 2503(a)(2) 2 of
this title, with respect to funds from facilities improvement and repair, alteration
and renovation (major or minor), health
and safety, or new construction accounts
included in the grant provided under section 2503(a) 3 of this title, the grant recipient shall maintain a separate account for
such funds.
(ii) Submission of accounting
At the end of the period designated for
the work covered by the funds received,
the grant recipient shall submit to the
Secretary a separate accounting of the
work done and the funds expended.
(iii) Use of funds
Funds received from those accounts may
only be used for the purpose for which the
funds were appropriated and for the work
encompassed by the application or submission for which the funds were received.
(iv) Completion of project
Upon completion of a project for which a
separate account is established under this
paragraph, the portion of the grant related
to such project may be closed out upon
agreement by the grantee and the Secretary.
(B) Requirements for projects
(i) Regulatory requirements
With respect to a grant to a tribally controlled school under this chapter for new
construction or facilities improvements
and repair in excess of $100,000, such grant
shall be subject to the Administrative and
Audit Requirements and Cost Principles

for Assistance Programs contained in part
12 of title 43, Code of Federal Regulations.
(ii) Exception
Notwithstanding clause (i), grants described in such clause shall not be subject
to section 12.61 of title 43, Code of Federal
Regulations. The Secretary and the grantee shall negotiate and determine a schedule of payments for the work to be performed.
(iii) Applications
In considering applications for a grant
described in clause (i), the Secretary shall
consider whether the Indian tribe or tribal
organization involved would be deficient in
ensuring that the construction projects
under the proposed grant conform to applicable building standards and codes and
Federal, tribal, or State health and safety
standards as required under section 1124 of
the Education Amendments of 1978 (25
U.S.C. 2005(a)) 4 with respect to organizational and financial management capabilities.
(iv) Disputes
Any disputes between the Secretary and
any grantee concerning a grant described
in clause (i) shall be subject to the dispute
provisions contained in section 2508(e) 5 of
this title.
(C) New construction
Notwithstanding subparagraph (A), a
school receiving a grant under this chapter
for facilities improvement and repair may
use such grant funds for new construction if
the tribal governing body or tribal organization that submits the application for the
grant provides funding for the new construction equal to at least 25 percent of the total
cost of such new construction.
(D) Period
In a case in which the appropriations
measure under which the funds described in
subparagraph (A) are made available or the
application submitted for the funds does not
stipulate a period for the work covered by
the funds, the Secretary and the grant recipient shall consult and determine such a
period prior to the transfer of the funds. A
period so determined may be extended upon
mutual agreement of the Secretary and the
grant recipient.
(5) Enforcement of request to include funds
(A) In general
If the Secretary fails to carry out a request filed by an Indian tribe or tribal organization to include in such tribe 6 or organization’s grant under this chapter the funds
described in subsection (a)(2) within 180 days
after the filing of the request, the Secretary
shall—
(i) be deemed to have approved such request; and
4 See

2 So

in original. Probably should be ‘‘2502(a)(2)’’.
3 So in original. Probably should be ‘‘2502(a)’’.

§ 2503

References in Text note below.
in original. Probably should be ‘‘2507(e)’’.
6 So in original. Probably should be ‘‘tribe’s’’.
5 So

§ 2504

TITLE 25—INDIANS

(ii) immediately upon the expiration of
such 180-day period amend the grant accordingly.
(B) Rights
A tribe or organization described in subparagraph (A) may enforce its rights under
subsection (a)(2) and this paragraph, including rights relating to any denial or failure to
act on such tribe’s or organization’s request,
pursuant to the dispute authority described
in section 2508(e) 5 of this title.
(Pub. L. 100–297, title V, § 5204, as added Pub. L.
107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2066.)
Editorial Notes
REFERENCES IN TEXT
The Elementary and Secondary Education Act of
1965, referred to in subsecs. (a)(3)(A) and (b)(1)(A)(i),
(3)(A), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Title I
of the Act is classified generally to subchapter I (§ 6301
et seq.) of chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see Short
Title note set out under section 6301 of Title 20 and Tables.
The Individuals with Disabilities Education Act, referred to in subsecs. (a)(3)(B) and (b)(1)(A)(ii), (3)(B), is
title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175,
which is classified generally to chapter 33 (§ 1400 et seq.)
of Title 20, Education. For complete classification of
this Act to the Code, see section 1400 of Title 20 and Tables.
The Education Amendments of 1978, referred to in
subsec. (b)(1)(A)(iii), is Pub. L. 95–561, Nov. 1, 1978, 92
Stat. 2143. Title XI of the Act is classified principally
to chapter 22 (§ 2000 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 6301 of Title 20, Education,
and Tables.
Section 1124 of the Education Amendments of 1978 (25
U.S.C. 2005(a)), referred to in subsec. (b)(4)(B)(iii), probably should be section 1125 of the Education Amendments of 1978, Pub. L. 95–561, which is classified to section 2005 of this title and requires, in subsec. (b), compliance with health and safety standards. Section 1124
of Pub. L. 95–561, which is classified to section 2004 of
this title, relates to school boundaries.
PRIOR PROVISIONS
A prior section 2503, Pub. L. 100–297, title V, § 5204,
Apr. 28, 1988, 102 Stat. 386; Pub. L. 100–427, § 10(a), (b),
Sept. 9, 1988, 102 Stat. 1607; Pub. L. 102–119, § 26(f), Oct.
7, 1991, 105 Stat. 607; Pub. L. 103–382, title III, § 394(m)(1),
Oct. 20, 1994, 108 Stat. 4029, authorized grants, prior to
repeal by Pub. L. 107–110, title X, § 1043, Jan. 8, 2002, 115
Stat. 2063. See section 2502 of this title.
Statutory Notes and Related Subsidiaries
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.

§ 2504. Eligibility for grants
(a) Rules
(1) In general
A tribally controlled school is eligible for assistance under this chapter if the school—
(A) on April 28, 1988, was a contract school
under title XI of the Education Amendments
of 1978 [25 U.S.C. 2000 et seq.] and the tribe or

Page 488

tribal organization operating the school submits to the Secretary a written notice of
election to receive a grant under this chapter;
(B) was a Bureau-operated school under
title XI of the Education Amendments of
1978 [25 U.S.C. 2000 et seq.] and has met the
requirements of subsection (b);
(C) is a school for which the Bureau has
not provided funds, but which has met the
requirements of subsection (c); or
(D) is a school with respect to which an
election has been made under paragraph (2)
and which has met the requirements of subsection (b).
(2) New schools
Any application which has been submitted
under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.]
by an Indian tribe for a school which is not in
operation on January 8, 2002, shall be reviewed
under the guidelines and regulations for applications submitted under the Indian Self-Determination and Education Assistance Act that
were in effect at the time the application was
submitted, unless the Indian tribe or tribal organization elects to have the application reviewed under the provisions of subsection (b).
(b) Additional requirements for Bureau-funded
schools and certain electing schools
(1) Bureau-funded schools
A school that was a Bureau-funded school
under title XI of the Education Amendments
of 1978 [25 U.S.C. 2000 et seq.] on January 8,
2002, and any school with respect to which an
election is made under subsection (a)(2), meets
the requirements of this subsection if—
(A) the Indian tribe or tribal organization
that operates, or desires to operate, the
school submits to the Secretary an application requesting that the Secretary—
(i) transfer operation of the school to the
Indian tribe or tribal organization, if the
Indian tribe or tribal organization is not
already operating the school; and
(ii) make a determination as to whether
the school is eligible for assistance under
this chapter; and
(B) the Secretary makes a determination
that the school is eligible for assistance
under this chapter.
(2) Certain electing schools
(A) In general
By not later than the date that is 120 days
after the date on which an application is
submitted to the Secretary under paragraph
(1)(A), the Secretary shall determine—
(i) in the case of a school which is not
being operated by the Indian tribe or tribal
organization, whether to transfer operation of the school to the Indian tribe or
tribal organization; and
(ii) whether the school is eligible for assistance under this chapter.
(B) Other determinations
In considering applications submitted
under paragraph (1)(A), the Secretary—

Page 489

TITLE 25—INDIANS

(i) shall transfer operation of the school
to the Indian tribe or tribal organization,
if the tribe or tribal organization is not already operating the school; and
(ii) shall determine that the school is eligible for assistance under this chapter, unless the Secretary finds by clear and convincing evidence that the services to be
provided by the Indian tribe or tribal organization will be deleterious to the welfare
of the Indians served by the school.
(C) Considerations
In considering applications submitted
under paragraph (1)(A), the Secretary shall
consider whether the Indian tribe or tribal
organization would be deficient in operating
the school with respect to—
(i) equipment;
(ii) bookkeeping and accounting procedures;
(iii) ability to adequately manage a
school; or
(iv) adequately trained personnel.
(c) Additional requirements for a school which is
not a Bureau-funded school
(1) In general
A school which is not a Bureau-funded
school under title XI of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.] meets the
requirements of this subsection if—
(A) the Indian tribe or tribal organization
that operates, or desires to operate, the
school submits to the Secretary an application requesting a determination by the Secretary as to whether the school is eligible
for assistance under this chapter; and
(B) the Secretary makes a determination
that a school is eligible for assistance under
this chapter.
(2) Deadline for determination by Secretary
(A) In general
By not later than the date that is 180 days
after the date on which an application is
submitted to the Secretary under paragraph
(1)(A), the Secretary shall determine whether the school is eligible for assistance under
this chapter.
(B) Considerations
In making the determination under subparagraph (A), the Secretary shall give equal
consideration to each of the following factors:
(i) With respect to the applicant’s proposal—
(I) the adequacy of facilities or the potential to obtain or provide adequate facilities;
(II) geographic and demographic factors in the affected areas;
(III) adequacy of the applicant’s program plans;
(IV) geographic proximity of comparable public education; and
(V) the needs as expressed by all affected parties, including but not limited
to students, families, tribal governments
at both the central and local levels, and
school organizations.

§ 2504

(ii) With respect to all education services
already available—
(I) geographic and demographic factors
in the affected areas;
(II) adequacy and comparability of programs already available;
(III) consistency of available programs
with tribal education codes or tribal legislation on education; and
(IV) the history and success of these
services for the proposed population to
be served, as determined from all factors
including, if relevant, standardized examination performance.
(C) Geographic proximity
The Secretary may not make a determination under this paragraph that is primarily
based upon the geographic proximity of comparable public education.
(D) Other information
Applications submitted under paragraph
(1)(A) shall include information on the factors described in subparagraph (B)(i), but the
applicant may also provide the Secretary
such information relative to the factors described in subparagraph (B)(ii) as the applicant considers appropriate.
(E) Deadline
If the Secretary fails to make a determination under subparagraph (A) with respect to
an application within 180 days after the date
on which the Secretary received the application, the Secretary shall be treated as having made a determination that the tribally
controlled school is eligible for assistance
under the title 1 and the grant shall become
effective 18 months after the date on which
the Secretary received the application, or on
an earlier date, at the Secretary’s discretion.
(d) Filing of applications and reports
(1) In general
All applications and reports submitted to
the Secretary under this chapter, and any
amendments to such applications or reports,
shall be filed with the education line officer
designated by the Director of the Office of Indian Education Programs of the Bureau of Indian Affairs. The date on which such filing occurs shall, for purposes of this chapter, be
treated as the date on which the application or
amendment was submitted to the Secretary.
(2) Supporting documentation
Any application that is submitted under this
chapter shall be accompanied by a document
indicating the action taken by the tribal governing body in authorizing such application.
(e) Effective date for approved applications
Except as provided by subsection (c)(2)(E), a
grant provided under this chapter, and any
transfer of the operation of a Bureau school
made under subsection (b), shall become effective beginning the academic year succeeding the
fiscal year in which the application for the
grant or transfer is made, or at an earlier date
determined by the Secretary.
1 See

References in Text note below.

§ 2505

TITLE 25—INDIANS

(f) Denial of applications
(1) In general
Whenever the Secretary refuses to approve a
grant under this chapter, to transfer operation
of a Bureau school under subsection (b), or determines that a school is not eligible for assistance under this chapter, the Secretary
shall—
(A) state the objections in writing to the
tribe or tribal organization within the allotted time;
(B) provide assistance to the tribe or tribal
organization to overcome all stated objections;
(C) at the request of the tribe or tribal organization, provide the tribe or tribal organization a hearing on the record under the
same rules and regulations that apply under
the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.];
and
(D) provide an opportunity to appeal the
objection raised.
(2) Timeline for reconsideration of amended
applications
The Secretary shall reconsider any amended
application submitted under this chapter
within 60 days after the amended application
is submitted to the Secretary.
(g) Report
The Bureau shall submit an annual report to
the Congress on all applications received, and
actions taken (including the costs associated
with such actions), under this section at the
same time that the President is required to submit to Congress the budget under section 1105 of
title 31.
(Pub. L. 100–297, title V, § 5205, as added Pub. L.
107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2068.)
Editorial Notes
REFERENCES IN TEXT
The Education Amendments of 1978, referred to in
subsecs. (a)(1)(A), (B), (b)(1), and (c)(1), is Pub. L. 95–561,
Nov. 1, 1978, 92 Stat. 2143. Title XI of the Act is classified principally to chapter 22 (§ 2000 et seq.) of this title.
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.
The Indian Self-Determination and Education Assistance Act, referred to in subsecs. (a)(2) and (f)(1)(C), 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.
The title, referred to in subsec. (c)(2)(E), probably
should be ‘‘this part’’, meaning part B of title V of Pub.
L. 100–297, known as the Tribally Controlled Schools
Act of 1988, which is classified generally to this chapter. For complete classification of part B to the Code,
see Short Title note set out under section 2501 of this
title and Tables.
PRIOR PROVISIONS
A prior section 2504, Pub. L. 100–297, title V, § 5205,
Apr. 28, 1988, 102 Stat. 387; Pub. L. 100–427, § 10(c), Sept.
9, 1988, 102 Stat. 1608; Pub. L. 101–301, § 5(g), May 24, 1990,
104 Stat. 209; Pub. L. 102–119, § 26(f), Oct. 7, 1991, 105
Stat. 607; Pub. L. 103–382, title III, §§ 382(a), (b),

Page 490

394(m)(2), Oct. 20, 1994, 108 Stat. 4017, 4029, related to
composition of grants, prior to repeal by Pub. L.
107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2063. See
section 2503 of this title.
Statutory Notes and Related Subsidiaries
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.

§ 2505. Duration of eligibility determination
(a) In general
If the Secretary determines that a tribally
controlled school is eligible for assistance under
this chapter, the eligibility determination shall
remain in effect until the determination is revoked by the Secretary, and the requirements of
subsection (b) or (c) of section 2504 of this title,
if applicable, shall be considered to have been
met with respect to such school until the eligibility determination is revoked by the Secretary.
(b) Annual reports
(1) In general
Each recipient of a grant provided under this
chapter shall complete an annual report which
shall be limited to—
(A) an annual financial statement reporting revenue and expenditures as defined by
the cost accounting established by the
grantee;
(B) an annual financial audit conducted
pursuant to the standards of the Single
Audit Act of 1984 [31 U.S.C. 7501 et seq.];
(C) a biennial compliance audit of the procurement of personal property during the period for which the report is being prepared
that shall be in compliance with written
procurement standards that are developed
by the local school board;
(D) an annual submission to the Secretary
of the number of students served and a brief
description of programs offered under the
grant; and
(E) a program evaluation conducted by an
impartial evaluation review team, to be
based on the standards established for purposes of subsection (c)(1)(A)(ii).1
(2) Evaluation review teams
Where appropriate, other tribally controlled
schools and representatives of tribally controlled community colleges shall make up
members of the evaluation review teams.
(3) Evaluations
In the case of a school which is accredited,
evaluations will be conducted at intervals
under the terms of accreditation.
(4) Submission of report
(A) To tribal governing body
Upon completion of the report required
under paragraph (1), the recipient of the
grant shall send (via first class mail, return
receipt requested) a copy of such annual re1 So

in original. Probably should be subsection ‘‘(c)(1)(B)(ii).’’

Page 491

TITLE 25—INDIANS

port to the tribal governing body (as defined
in section 2012(f) of this title) of the tribally
controlled school.
(B) To Secretary
Not later than 30 days after receiving written confirmation that the tribal governing
body has received the report sent pursuant
to subparagraph (A), the recipient of the
grant shall send a copy of the report to the
Secretary.
(c) Revocation of eligibility
(1) Determination of eligibility for assistance
The Secretary shall not revoke a determination that a school is eligible for assistance
under this chapter if—
(A) the Indian tribe or tribal organization
submits the reports required under subsection (b) with respect to the school; and
(B) at least one of the following clauses applies with respect to the school:
(i) The school is certified or accredited
by a State or regional accrediting association or is a candidate in good standing for
such accreditation under the rules of the
State or regional accrediting association,
showing that credits achieved by the students within the education programs are,
or will be, accepted at grade level by a
State certified or regionally accredited institution.
(ii) The Secretary determines that there
is a reasonable expectation that the certification or accreditation described in
clause (i), or candidacy in good standing
for such certification or accreditation, will
be achieved by the school within 3 years.
The school seeking accreditation shall remain under the standards of the Bureau in
effect on January 8, 2002, until such time
as the school is accredited, except that if
the Bureau standards are in conflict with
the standards of the accrediting agency,
the standards of such agency shall apply in
such case.
(iii) The school is accredited by a tribal
department of education if such accreditation is accepted by a generally recognized
regional or State accreditation agency.
(iv)(I) With respect to a school that
lacks accreditation, or that is not a candidate for accreditation, based on circumstances that are not beyond the control of the school board, every 3 years an
impartial evaluator agreed upon by the
Secretary and the grant recipient conducts
evaluations of the school, and the school
receives a positive assessment under such
evaluations. The evaluations are conducted under standards adopted by a contractor under a contract for the school entered into under the Indian Self-Determination and Education Assistance Act [25
U.S.C. 5301 et seq.] (or revisions of such
standards agreed to by the Secretary and
the grant recipient) prior to January 8,
2002.
(II) If the Secretary and a grant recipient other than a tribal governing body fail
to agree on such an evaluator, the tribal

§ 2505

governing body shall choose the evaluator
or perform the evaluation. If the Secretary
and a grant recipient that is a tribal governing body fail to agree on such an evaluator, subclause (I) shall not apply.
(III) A positive assessment by an impartial evaluator under this clause shall not
affect the revocation of a determination of
eligibility by the Secretary where such
revocation is based on circumstances that
were within the control of the school
board.
(2) Notice requirements for revocation
The Secretary shall not revoke a determination that a school is eligible for assistance
under this chapter, or reassume control of a
school that was a Bureau school prior to approval of an application submitted under section 2505(b)(1)(A) 2 of this title until the Secretary—
(A) provides notice to the tribally controlled school and the tribal governing body
(within the meaning of section 2021 of this
title) of the tribally controlled school which
states—
(i) the specific deficiencies that led to
the revocation or resumption determination; and
(ii) the actions that are needed to remedy such deficiencies; and
(B) affords such authority an opportunity
to effect the remedial actions.
(3) Technical assistance
The Secretary shall provide such technical
assistance to enable the school and governing
body to carry out such remedial actions.
(4) Hearing and appeal
In addition to notice and technical assistance under this subsection, the Secretary
shall provide to the school and governing
body—
(A) at the request of the school or governing body, a hearing on the record regarding the revocation or reassumption determination, to be conducted under the rules
and
regulations
described
in
section
2505(f)(1)(C) 3 of this title; and
(B) an opportunity to appeal the decision
resulting from the hearing.
(d) Applicability of section pursuant to election
under section 2507(b)
With respect to a tribally controlled school
that receives assistance under this chapter pursuant to an election made under section 2507(b)
of this title—
(1) subsection (b) of this section shall apply;
and
(2) the Secretary may not revoke eligibility
for assistance under this chapter except in
conformance with subsection (c) of this section.
(Pub. L. 100–297, title V, § 5206, as added Pub. L.
107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2072.)
2 So
3 So

in original. Probably should be section ‘‘2504(b)(1)(A)’’.
in original. Probably should be section ‘‘2504(f)(1)(C)’’.

§ 2506

TITLE 25—INDIANS
Editorial Notes
REFERENCES IN TEXT

The Single Audit Act of 1984, referred to in subsec.
(b)(1)(B), is Pub. L. 98–502, Oct. 19, 1984, 98 Stat. 2327,
which enacted chapter 75 (§ 7501 et seq.) of Title 31,
Money and Finance, and provisions set out as notes
under section 7501 of Title 31. For complete classification of this Act to the Code, see Short Title of 1984
Amendment note set out under section 7501 of Title 31
and Tables.
The Indian Self-Determination and Education Assistance Act, referred to in subsec. (c)(1)(B)(iv)(I), 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.
PRIOR PROVISIONS
A prior section 2505, Pub. L. 100–297, title V, § 5206,
Apr. 28, 1988, 102 Stat. 388; Pub. L. 100–427, § 11, Sept. 9,
1988, 102 Stat. 1608; Pub. L. 105–362, title VIII, § 801(d),
Nov. 10, 1998, 112 Stat. 3288, related to eligibility for
grants, prior to repeal by Pub. L. 107–110, title X, § 1043,
Jan. 8, 2002, 115 Stat. 2063. See section 2504 of this
title.Q04
Statutory Notes and Related Subsidiaries
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.

§ 2506. Payment of grants; investment of funds
(a) Payments
(1) In general
Except as otherwise provided in this subsection, the Secretary shall make payments to
grantees under this chapter in two payments,
of which—
(A) the first payment shall be made not
later than July 1 of each year in an amount
equal to 80 percent of the amount which the
grantee was entitled to receive during the
preceding academic year; and
(B) the second payment, consisting of the
remainder to which the grantee is entitled
for the academic year, shall be made not
later than December 1 of each year.
(2) Excess funding
In a case in which the amount provided to a
grant recipient under paragraph (1)(A) is in excess of the amount that the recipient is entitled to receive for the academic year involved,
the recipient shall return to the Secretary
such excess amount not later than 30 days
after the final determination that the school
was overpaid pursuant to this section. The
amount returned to the Secretary under this
paragraph shall be distributed equally to all
schools in the system.
(3) Newly funded schools
For any school for which no payment under
this chapter was made from Bureau funds in
the preceding academic year, full payment of
the amount computed for the first academic
year of eligibility under this chapter shall be
made not later than December 1 of the academic year.

Page 492

(4) Late funding
With regard to funds for grantees that become available for obligation on October 1 of
the fiscal year for which such funds are appropriated, the Secretary shall make payments to
grantees not later than December 1 of the fiscal year.
(5) Applicability of certain title 31 provisions
The provisions of chapter 39 of title 31 shall
apply to the payments required to be made by
paragraphs (1), (3), and (4).
(6) Restrictions
Paragraphs (1), (3), and (4) shall be subject to
any restriction on amounts of payments under
this chapter that are imposed by a continuing
resolution or other Act appropriating the
funds involved.
(b) Investment of funds
(1) Treatment of interest and investment income
Notwithstanding any other provision of law,
any interest or investment income that accrues to any funds provided under this chapter
after such funds are paid to the Indian tribe or
tribal organization and before such funds are
expended for the purpose for which such funds
were provided under this chapter shall be the
property of the Indian tribe or tribal organization and shall not be taken into account by
any officer or employee of the Federal Government in determining whether to provide assistance, or the amount of assistance, under
any provision of Federal law. Such interest income shall be spent on behalf of the school.
(2) Permissible investments
Funds provided under this chapter may be
invested by the Indian tribe or tribal organization before such funds are expended for the
purposes of this chapter so long as such funds
are—
(A) invested by the Indian tribe or tribal
organization only in obligations of the
United States, or in obligations or securities
that are guaranteed or insured by the United
States, or mutual (or other) funds registered
with the Securities and Exchange Commission and which only invest in obligations of
the United States, or securities that are
guaranteed or insured by the United States;
or
(B) deposited only into accounts that are
insure by and 1 agency or instrumentality of
the United States, or are fully collateralized
to ensure protection of the funds, even in the
event of a bank failure.
(c) Recoveries
For the purposes of underrecovery and overrecovery determinations by any Federal agency
for any other funds, from whatever source derived, funds received under this chapter shall
not be taken into consideration.
(Pub. L. 100–297, title V, § 5207, as added Pub. L.
107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2074.)
1 So

in original. Probably should be ‘‘insured by an’’.

Page 493

TITLE 25—INDIANS
Editorial Notes
PRIOR PROVISIONS

A prior section 2506, Pub. L. 100–297, title V, § 5207,
Apr. 28, 1988, 102 Stat. 391; Pub. L. 100–427, § 12, Sept. 9,
1988, 102 Stat. 1608, related to duration of eligibility determination, prior to repeal by Pub. L. 107–110, title X,
§ 1043, Jan. 8, 2002, 115 Stat. 2063. See section 2505 of this
title.Q04
Statutory Notes and Related Subsidiaries
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.

§ 2507. Application with respect to Indian SelfDetermination and Education Assistance Act
(a) Certain provisions to apply to grants
The following provisions of the Indian Self-Determination and Education Assistance Act [25
U.S.C. 5301 et seq.] (and any subsequent revisions thereto or renumbering thereof), shall
apply to grants provided under this chapter:
(1) Section 5(f) [25 U.S.C. 5305(f)] (relating to
single agency audit).
(2) Section 6 [25 U.S.C. 5306] (relating to
criminal activities; penalties).
(3) Section 7 [25 U.S.C. 5307] (relating to
wage and labor standards).
(4) Section 104 [25 U.S.C. 5323] (relating to retention of Federal employee coverage).
(5) Section 105(f) [25 U.S.C. 5324(f)] (relating
to Federal property).
(6) Section 105(k) [25 U.S.C. 5324(k)] (relating
to access to Federal sources of supply).
(7) Section 105(l) [25 U.S.C. 5324(l)] (relating
to lease of facility used for administration and
delivery of services).
(8) Section 106(f) [25 U.S.C. 5325(f)] (relating
to limitation on remedies relating to cost allowances).
(9) Section 106(j) [25 U.S.C. 5325(j)] (relating
to use of funds for matching or cost participation requirements).
(10) Section 106(k) [25 U.S.C. 5325(k)] (relating to allowable uses of funds).
(11) Section 108(c) [25 U.S.C. 5329(c)] (Model
Agreements provisions (1)(a)(5) 1 (relating to
limitations of costs), (1)(a)(7) 2 (relating to
records and monitoring), (1)(a)(8) 3 (relating to
property), and (a)(1)(9) 4 (relating to availability of funds).5
(12) Section 109 [25 U.S.C. 5330] (relating to
reassumption).
(13) Section 111 [25 U.S.C. 5332] (relating to
sovereign immunity and trusteeship rights unaffected).
(b) Election for grant in lieu of contract
(1) In general
Contractors for activities to which this
chapter applies who have entered into a contract under the Indian Self-Determination and
1 So

in original. Probably should be ‘‘1(b)(5)’’.
in original. Probably should be ‘‘1(b)(7)’’.
3 So in original. Probably should be ‘‘1(b)(8)’’.
4 So in original. Probably should be ‘‘1(b)(9)’’.
5 So in original. There probably should be a second closing parenthesis.
2 So

§ 2507

Education Assistance Act [25 U.S.C. 5301 et
seq.] that is in effect on January 8, 2002, may,
by giving notice to the Secretary, elect to
have the provisions of this chapter apply to
such activity in lieu of such contract.
(2) Effective date of election
Any election made under paragraph (1) shall
take effect on the first day of July immediately following the date of such election.
(3) Exception
In any case in which the first day of July
immediately following the date of an election
under paragraph (1) is less than 60 days after
such election, such election shall not take effect until the first day of July of 6 year following the year in which the election is made.
(c) No duplication
No funds may be provided under any contract
entered into under the Indian Self-Determination and Education Assistance Act [25 U.S.C.
5301 et seq.] to pay any expenses incurred in providing any program or services if a grant has
been made under this chapter to pay such expenses.
(d) Transfers and carryovers
(1) Buildings, equipment, supplies, materials
A tribe or tribal organization assuming the
operation of—
(A) a Bureau school with assistance under
this chapter shall be entitled to the transfer
or use of buildings, equipment, supplies, and
materials to the same extent as if it were
contracting under the Indian Self-Determination and Education Assistance Act [25
U.S.C. 5301 et seq.]; or
(B) a contract school with assistance under
this chapter shall be entitled to the transfer
or use of buildings, equipment, supplies, and
materials that were used in the operation of
the contract school to the same extent as if
it were contracting under the Indian SelfDetermination and Education Assistance
Act.
(2) Funds
Any tribe or tribal organization which assumes operation of a Bureau school with assistance under this chapter and any tribe or
tribal organization which elects to operate a
school with assistance under this chapter
rather that 7 to continue as a contract school
shall be entitled to any funds which would carryover from the previous fiscal year as if such
school were operated as a contract school.
(3) Funding for school improvement
Any tribe or tribal organization that assumes operation of a Bureau school or a contract school with assistance under this chapter shall be eligible for funding for the improvement, alteration, replacement, and repair of facilities to the same extent as a Bureau school.
(e) Exceptions, problems, and disputes
Any exception or problem cited in an audit
conducted pursuant to section 2505(b)(1) of this
6 So
7 So

in original. Probably should be followed by ‘‘the’’.
in original. Probably should be ‘‘than’’.

§ 2508

TITLE 25—INDIANS

title, any dispute regarding a grant authorized
to be made pursuant to this chapter or any
amendment to such grant, and any dispute involving an administrative cost grant under section 2008 of this title shall be administered
under the provisions governing such exceptions,
problems, or disputes in the case of contracts
under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.].
The Equal Access to Justice Act shall apply to
administrative appeals filed after September 8,
1988, by grantees regarding a grant under this
chapter, including an administrative cost grant.
(Pub. L. 100–297, title V, § 5208, as added Pub. L.
107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2076.)
Editorial Notes
REFERENCES IN TEXT
The Indian Self-Determination and Education Assistance Act, referred to in text, 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.
The Equal Access to Justice Act, referred to in subsec. (e), is title II of Pub. L. 96–481, Oct. 21, 1980, 94 Stat.
2325. For complete classification of this Act to the
Code, see Short Title note set out under section 504 of
Title 5, Government Organization and Employees, and
Tables.
PRIOR PROVISIONS
A prior section 2507, Pub. L. 100–297, title V, § 5208,
Apr. 28, 1988, 102 Stat. 393; Pub. L. 100–427, § 13, Sept. 9,
1988, 102 Stat. 1609; Pub. L. 103–382, title III, § 382(c), Oct.
20, 1994, 108 Stat. 4017, related to payment of grants and
investment of funds, prior to repeal by Pub. L. 107–110,
title X, § 1043, Jan. 8, 2002, 115 Stat. 2063. See section
2506 of this title.
Statutory Notes and Related Subsidiaries
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.

§ 2508. Role of the Director
Applications for grants under this chapter,
and all application modifications, shall be reviewed and approved by personnel under the direction and control of the Director of the Office
of Indian Education Programs. Required reports
shall be submitted to education personnel under
the direction and control of the Director of such
Office.
(Pub. L. 100–297, title V, § 5209, as added Pub. L.
107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2077.)
Editorial Notes
PRIOR PROVISIONS
A prior section 2508, Pub. L. 100–297, title V, § 5209,
Apr. 28, 1988, 102 Stat. 394; Pub. L. 100–427, § 14, Sept. 9,
1988, 102 Stat. 1609; Pub. L. 101–301, § 5(b), May 24, 1990,
104 Stat. 207; Pub. L. 103–382, title III, § 382(d), (e), Oct.
20, 1994, 108 Stat. 4017, 4018, related to application with
respect to Indian Self-Determination and Education
Assistance Act, prior to repeal by Pub. L. 107–110, title
X, § 1043, Jan. 8, 2002, 115 Stat. 2063. See section 2507 of
this title.

Page 494

Statutory Notes and Related Subsidiaries
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.

§ 2509. Regulations
The Secretary is authorized to issue regulations relating to the discharge of duties specifically assigned to the Secretary in this chapter.
For all other matters relating to the details of
planning, developing, implementing, and evaluating grants under this chapter, the Secretary
shall not issue regulations.
(Pub. L. 100–297, title V, § 5210, as added Pub. L.
107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2077.)
Editorial Notes
PRIOR PROVISIONS
A prior section 2509, Pub. L. 100–297, title V, § 5210,
Apr. 28, 1988, 102 Stat. 394, related to role of Director,
prior to repeal by Pub. L. 107–110, title X, § 1043, Jan. 8,
2002, 115 Stat. 2063. See section 2508 of this title.
Statutory Notes and Related Subsidiaries
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.

§ 2510. The tribally controlled grant school endowment program
(a) In general
(1) Establishment
Each school receiving a grant under this
chapter may establish, at a federally insured
financial institution, a trust fund for the purposes of this section.
(2) Deposits and use
The school may provide—
(A) for deposit into the trust fund, only
funds from non-Federal sources, except that
the interest on funds received from grants
provided under this chapter may be used for
that purpose;
(B) for deposit into the trust fund, any
earnings on funds deposited in the fund; and
(C) for the sole use of the school any
noncash, in-kind contributions of real or
personal property, which may at any time be
used, sold, or otherwise disposed of.
(b) Interest
Interest from the fund established under subsection (a) may periodically be withdrawn and
used, at the discretion of the school, to defray
any expenses associated with the operation of
the school consistent with the purposes of this
Act.1
(Pub. L. 100–297, title V, § 5211, as added Pub. L.
107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2078.)
1 See

References in Text note below.

Page 495

§ 2511

TITLE 25—INDIANS
Editorial Notes
REFERENCES IN TEXT

This Act, referred to in subsec. (b), is Pub. L. 100–297
and probably should be ‘‘this part’’, meaning part B of
title V of Pub. L. 100–297, known as the Tribally Controlled Schools Act of 1988, which is classified generally
to this chapter. For complete classification of part B to
the Code, see Short Title note set out under section
2501 of this title and Tables.
PRIOR PROVISIONS
A prior section 2510, Pub. L. 100–297, title V, § 5211,
Apr. 28, 1988, 102 Stat. 394, related to regulations, prior
to repeal by Pub. L. 107–110, title X, § 1043, Jan. 8, 2002,
115 Stat. 2063. See section 2509 of this title.
Statutory Notes and Related Subsidiaries
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.

§ 2511. Definitions
In this chapter:
(1) Bureau
The term ‘‘Bureau’’ means the Bureau of Indian Affairs of the Department of the Interior.
(2) Eligible Indian student
The term ‘‘eligible Indian student’’ has the
meaning given such term in section 2007(f) of
this title.
(3) Indian
The term ‘‘Indian’’ means a member of an
Indian tribe, and includes individuals who are
eligible for membership in a tribe, and the
child or grandchild of such an individual.
(4) Indian tribe
The term ‘‘Indian tribe’’ means any Indian
tribe, band, nation, or other organized group
or community, including an Alaska Native
Village Corporation or Regional Corporation
(as defined in or established pursuant to the
Alaska Native Claims Settlement Act [43
U.S.C. 1601 et seq.]), which is recognized as eligible for the special programs and services
provided by the United States to Indians because of their status as Indians.
(5) Local educational agency
The term ‘‘local educational agency’’ means
a public board of education or other public authority legally constituted within a State for
either administrative control or direction of,
or to perform a service function for, public elementary schools or secondary schools in a
city, county, township, school district, or
other political subdivision of a State or such
combination of school districts or counties as
are recognized in a State as an administrative
agency for the State’s public elementary
schools or secondary schools. Such term includes any other public institution or agency
having administrative control and direction of
a public elementary school or secondary
school.
(6) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.

(7) Tribal governing body
The term ‘‘tribal governing body’’ means,
with respect to any school that receives assistance under this Act,1 the recognized governing
body of the Indian tribe involved.
(8) Tribal organization
(A) In general
The term ‘‘tribal organization’’ means—
(i) the recognized governing body of any
Indian tribe; or
(ii) any legally established organization
of Indians that—
(I) is controlled, sanctioned, or chartered by such governing body or is democratically elected by the adult members
of the Indian community to be served by
such organization; and
(II) includes the maximum participation of Indians in all phases of the organization’s activities.
(B) Authorization
In any case in which a grant is provided
under this chapter to an organization to provide services through a tribally controlled
school benefiting more than one Indian
tribe, the approval of the governing bodies of
Indian tribes representing 80 percent of the
students attending the tribally controlled
school shall be considered a sufficient tribal
authorization for such grant.
(9) Tribally controlled school
The term ‘‘tribally controlled school’’ means
a school that—
(A) is operated by an Indian tribe or a tribal organization, enrolling students in kindergarten through grade 12, including a preschool;
(B) is not a local educational agency; and
(C) is not directly administered by the Bureau of Indian Affairs.
(Pub. L. 100–297, title V, § 5212, as added Pub. L.
107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2078.)
Editorial Notes
REFERENCES IN TEXT
The Alaska Native Claims Settlement Act, referred
to in par. (4), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688,
which is classified generally to chapter 33 (§ 1601 et seq.)
of Title 43, Public Lands. For complete classification of
this Act to the Code, see Short Title note set out under
section 1601 of Title 43 and Tables.
This Act, referred to in par. (7), is Pub. L. 100–297 and
probably should be ‘‘this part’’, meaning part B of title
V of Pub. L. 100–297, known as the Tribally Controlled
Schools Act of 1988, which is classified generally to this
chapter. For complete classification of part B to the
Code, see Short Title note set out under section 2501 of
this title and Tables.
PRIOR PROVISIONS
A prior section 2511, Pub. L. 100–297, title V, § 5212,
Apr. 28, 1988, 102 Stat. 394, defined terms, 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 pro1 See

References in Text note below.

§§ 2601 to 2606

TITLE 25—INDIANS

Page 496

grams, see section 5 of Pub. L. 107–110, set out as a note
under section 6301 of Title 20, Education.

portunities for adult Indians. See section 7851 of Title
20, Education.

CHAPTER 28—INDIAN EDUCATION PROGRAM

SUBCHAPTER IV—PROGRAM
ADMINISTRATION

SUBCHAPTER I—FINANCIAL ASSISTANCE
TO LOCAL EDUCATIONAL AGENCIES FOR
THE EDUCATION OF INDIAN CHILDREN
§§ 2601 to 2606. Repealed. Pub. L. 103–382, title
III, § 367, Oct. 20, 1994, 108 Stat. 3976
Section 2601, Pub. L. 100–297, title V, § 5311, Apr. 28,
1988, 102 Stat. 395, related to policy declaration concerning academic needs of Indian students.
Section 2602, Pub. L. 100–297, title V, § 5312, Apr. 28,
1988, 102 Stat. 396; Pub. L. 100–427, § 15, Sept. 9, 1988, 102
Stat. 1610, related to grants to local educational agencies for education of Indian children.
Section 2603, Pub. L. 100–297, title V, § 5313, Apr. 28,
1988, 102 Stat. 398, related to permissible uses of Federal
funds.
Section 2604, Pub. L. 100–297, title V, § 5314, Apr. 28,
1988, 102 Stat. 398; Pub. L. 100–427, § 16, Sept. 9, 1988, 102
Stat. 1610; Pub. L. 101–301, § 5(c), May 24, 1990, 104 Stat.
207, related to applications for grants and conditions
for approval.
Section 2605, Pub. L. 100–297, title V, § 5315, Apr. 28,
1988, 102 Stat. 402; Pub. L. 100–427, § 17, Sept. 9, 1988, 102
Stat. 1611, related to payments to local educational
agencies.
Section 2606, Pub. L. 100–297, title V, § 5316, Apr. 28,
1988, 102 Stat. 402, authorized appropriations for Indian
education and permitted Secretary to reallocate funds.
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 100–297, title V, § 5301, Apr. 28, 1988, 102 Stat.
395, provided that part C (§§ 5301–5352) of title V of Pub.
L. 100–297, enacting this chapter, repealing sections
241aa, 241bb, 241cc to 241ff, 1211a, 1221f to 1221h, and 3385
to 3385b of Title 20, Education, and repealing provisions
set out as notes under sections 241aa and 1411 of Title
20, could be cited as the ‘‘Indian Education Act of 1988’’,
prior to repeal by Pub. L. 103–382, title III, § 367, Oct. 20,
1994, 108 Stat. 3976.

SUBCHAPTER II—SPECIAL PROGRAMS AND
PROJECTS TO IMPROVE EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN
§§ 2621 to 2624. Repealed. Pub. L. 103–382, title
III, § 367, Oct. 20, 1994, 108 Stat. 3976
Section 2621, Pub. L. 100–297, title V, § 5321, Apr. 28,
1988, 102 Stat. 403; Pub. L. 100–427, § 18, Sept. 9, 1988, 102
Stat. 1612, related to improvement of educational opportunities for Indian children.
Section 2622, Pub. L. 100–297, title V, § 5322, Apr. 28,
1988, 102 Stat. 406, related to special educational training programs for teachers of Indian children.
Section 2623, Pub. L. 100–297, title V, § 5323, Apr. 28,
1988, 102 Stat. 407; Pub. L. 100–427, § 19(a), Sept. 9, 1988,
102 Stat. 1612, provided for fellowships for Indian students.
Section 2624, Pub. L. 100–297, title V, § 5324, Apr. 28,
1988, 102 Stat. 408; Pub. L. 100–427, § 20, Sept. 9, 1988, 102
Stat. 1612; Pub. L. 101–301, § 5(d)(2), May 24, 1990, 104
Stat. 208, authorized programs for gifted and talented
Indian children.

SUBCHAPTER III—SPECIAL PROGRAMS RELATING TO ADULT EDUCATION FOR INDIANS
§ 2631. Repealed. Pub. L. 103–382, title III, § 367,
Oct. 20, 1994, 108 Stat. 3976
Section, Pub. L. 100–297, title V, § 5330, Apr. 28, 1988,
102 Stat. 410, related to improvement of educational op-

§§ 2641 to 2643. Repealed. Pub. L. 103–382, title
III, § 367, Oct. 20, 1994, 108 Stat. 3976
Section 2641, Pub. L. 100–297, title V, § 5341, Apr. 28,
1988, 102 Stat. 411; Pub. L. 100–427, § 21, Sept. 9, 1988, 102
Stat. 1612, related to establishment of Office of Indian
Education within Department of Education. See section 3423c of Title 20, Education.
Section 2642, Pub. L. 100–297, title V, § 5342, Apr. 28,
1988, 102 Stat. 412; Pub. L. 100–427, § 22, Sept. 9, 1988, 102
Stat. 1613, established National Advisory Council on Indian Education.
Section 2643, Pub. L. 100–297, title V, § 5343, Apr. 28,
1988, 102 Stat. 413, authorized appropriations for administration of Indian education programs. See section 7882
of Title 20, Education.

SUBCHAPTER V—MISCELLANEOUS
§ 2651. Repealed. Pub. L. 103–382, title III, § 367,
Oct. 20, 1994, 108 Stat. 3976
Section, Pub. L. 100–297, title V, § 5351, Apr. 28, 1988,
102 Stat. 413; Pub. L. 100–427, § 23, Sept. 9, 1988, 102 Stat.
1613, defined terms for purposes of this chapter. See section 7881 of Title 20, Education.

CHAPTER 29—INDIAN GAMING REGULATION
Sec.

2701.
2702.
2703.
2704.
2705.
2706.
2707.
2708.
2709.
2710.
2711.
2712.
2713.
2714.
2715.
2716.
2717.
2717a.
2718.
2719.
2720.
2721.

Findings.
Declaration of policy.
Definitions.
National Indian Gaming Commission.
Powers of Chairman.
Powers of Commission.
Commission staffing.
Commission; access to information.
Interim authority to regulate gaming.
Tribal gaming ordinances.
Management contracts.
Review of existing ordinances and contracts.
Civil penalties.
Judicial review.
Subpoena and deposition authority.
Investigative powers.
Commission funding.
Availability of class II gaming activity fees
to carry out duties of Commission.
Authorization of appropriations.
Gaming on lands acquired after October 17,
1988.
Dissemination of information.
Severability.

§ 2701. Findings
The Congress finds that—
(1) numerous Indian tribes have become engaged in or have licensed gaming activities on
Indian lands as a means of generating tribal
governmental revenue;
(2) Federal courts have held that section 81
of this title requires Secretarial review of
management contracts dealing with Indian
gaming, but does not provide standards for approval of such contracts;
(3) existing Federal law does not provide
clear standards or regulations for the conduct
of gaming on Indian lands;
(4) a principal goal of Federal Indian policy
is to promote tribal economic development,
tribal self-sufficiency, and strong tribal government; and