
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC2002]

 
                            TITLE 25--INDIANS
 
              CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
 
Sec. 2002. National criteria for dormitory situations


(a) Study of costs

    The Secretary, in consultation with the Secretary of the Department 
of Education, and in consultation with Indian organizations and tribes, 
shall conduct or cause to be conducted by contract with an Indian 
organization, a study of the costs applicable to boarding arrangements 
for Indian students provided in Bureau schools, and contract or grant 
schools, for the purpose of establishing national criteria for such 
dormitory situations. Such criteria shall include adult-child ratios, 
needs for counselors (including special needs related to off-reservation 
boarding arrangements), space, and privacy.

(b) Distribution and publication of criteria

    Not later than January 1, 1996, the Secretary shall propose such 
criteria, and shall distribute such proposed criteria to the tribes and 
publish such proposed criteria in the Federal Register for the purpose 
of receiving comments from the tribes and other interested parties. 
Within 18 months of October 20, 1994, the Secretary shall establish 
final criteria, distribute such final criteria to all the tribes, and 
publish such final criteria in the Federal Register. The Secretary shall 
revise such final criteria periodically as necessary. Any revisions to 
the criteria established under this section shall be developed subject 
to requirements established under section 2011 of this title.

(c) Implementation

    The Secretary shall begin to implement the criteria established 
under this section immediately upon the date of the establishment of 
such criteria. Not later than January 1, 1997, and at each time 
thereafter that the annual budget request for Bureau educational 
services is presented, the Secretary shall submit to the appropriate 
committees of Congress a detailed plan to bring all Bureau contract 
boarding schools up to the criteria established under this section. Such 
plan shall include predictions for the relative need for each boarding 
school in the future, detailed information on the status of each school 
in relation to the criteria established under this section, specific 
cost estimates for meeting such criteria at each school, and specific 
time lines for bringing each school up to the level required by such 
criteria.

(d) Waiver

    (1) The criteria established under this section may be waived in the 
same manner as the standards provided under section 2001(c) of this 
title may be waived under section 2001(e) of this title.
    (2) No school in operation on or before January 1, 1987 (regardless 
of compliance or noncompliance with the criteria established under this 
section) may be closed, transferred to another authority, consolidated 
or have its program substantially curtailed for failure to meet the 
criteria.

(e) Authorization of appropriations

    There are authorized to be appropriated such sums as may be 
necessary in order to bring each school up to the level required by the 
criteria established under this section.

(Pub. L. 95-561, title XI, Sec. 1122, as added Pub. L. 103-382, title 
III, Sec. 381, Oct. 20, 1994, 108 Stat. 3984; amended Pub. L. 105-362, 
title VIII, Sec. 801(c)(2), Nov. 10, 1998, 112 Stat. 3288.)


                            Prior Provisions

    A prior section 2002, Pub. L. 95-561, title XI, Sec. 1122, Nov. 1, 
1978, 92 Stat. 2318; Pub. L. 96-46, Sec. 2(b)(5), Aug. 6, 1979, 93 Stat. 
341; Pub. L. 96-88, title III, Sec. 301(a)(1), title V, Sec. 507, Oct. 
17, 1979, 93 Stat. 677, 692; Pub. L. 100-297, title V, Sec. 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.


                               Amendments

    1998--Subsec. (d)(3). Pub. L. 105-362 struck out par. (3) which read 
as follows: ``By not later than May 1, 1996, the Secretary shall submit 
to the Congress a report detailing the costs associated with, and the 
actions necessary for, complete compliance with the criteria established 
under this section.''

                  Section Referred to in Other Sections

    This section is referred to in sections 2007, 2017 of this title.
