
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC2005]

 
                            TITLE 25--INDIANS
 
              CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
 
Sec. 2005. Facilities construction


(a) Compliance with health and safety standards

    The Secretary shall immediately begin to bring all schools, 
dormitories, and other facilities operated by the Bureau or under 
contract or grant with the Bureau in connection with the education of 
Indian children into compliance with all applicable Federal, tribal, or 
State health and safety standards, whichever provide greater protection 
(except that the tribal standards to be applied shall be no greater than 
any otherwise applicable Federal or State standards), with section 794 
of title 29, and with the Americans with Disabilities Act of 1990 [42 
U.S.C. 12101 et seq.], except that nothing in this section shall require 
termination of the operations of any facility which does not comply with 
such provisions and which is in use on October 20, 1994.

(b) Omitted

(c) Priorities

    Within six months of November 1, 1978,\1\ the Secretary shall submit 
to the appropriate committees of Congress, and publish in the Federal 
Register, the system used to establish priorities for school 
construction projects. At the time any budget request for school 
construction is presented, the Secretary shall publish in the Federal 
Register and submit with the budget request the current list of all 
school construction priorities.
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    \1\ See Codification note below.
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(d) Hazardous conditions at Bureau schools

    (1) A Bureau school may be closed or consolidated, and the programs 
of a Bureau school may be substantially curtailed, by reason of plant 
conditions that constitute an immediate hazard to health and safety only 
if a health and safety officer of the Bureau determines that such 
conditions exist at the Bureau school.
    (2)(A) In making determinations described in paragraph (1) before 
July 1, 1989, health and safety officers of the Bureau shall use the 
health and safety guidelines of the Bureau that were in effect on 
January 1, 1988.
    (B)(i) If--
        (I) the Secretary fails to publish in the Federal Register in 
    final form before July 1, 1989, and
        (II) action described in paragraph (1) is taken after June 30, 
    1989, and before the date on which such regulations are published in 
    final form in the Federal Register by reason of the condition of any 
    plant,

an inspection of the condition of such plant shall be conducted by an 
appropriate tribal, county, municipal, or State health and safety 
officer to determine whether conditions at such plant constitute an 
immediate hazard to health and safety. Such inspection shall be 
completed by not later than the date that is 30 days after the date on 
which the action described in paragraph (1) is taken.
    (ii) The inspection required under clause (i) shall be conducted by 
a health and safety officer designated jointly by the Secretary and the 
tribes affected by the action described in paragraph (1). If the 
Secretary and such tribes are unable to agree on the designation of the 
health and safety officer, the Secretary shall designate the health and 
safety officer and shall provide notice of such designation to each of 
such tribes before the inspection is conducted by such officer.
    (iii) If the health and safety officer conducting an inspection of a 
plant required under clause (i) determines that conditions at the plant 
do not constitute an immediate hazard to health and safety, any 
consolidation or curtailment that was made by reason of conditions at 
the plant shall immediately cease and any school closed by reason of 
conditions at the plant shall be reopened immediately.
    (3) If--
        (A) a Bureau school is temporarily closed or consolidated, or 
    the programs of a Bureau school are substantially curtailed, by 
    reason of plant conditions that constitute an immediate hazard to 
    health and safety, and
        (B) the Secretary estimates that the closure, consolidation, or 
    curtailment will be more than 1 year in duration,

the Secretary shall submit to the Congress, by not later than the date 
that is 6 months after the date on which the closure, consolidation, or 
curtailment is initiated, a report which sets forth the reasons for such 
temporary actions and the actions the Secretary is taking to eliminate 
the conditions that constitute the hazard.

(e) Authorization of appropriations

    There are authorized to be appropriated such sums as may be 
necessary to carry out subsection (a) of this section.

(Pub. L. 95-561, title XI, Sec. 1125, as added Pub. L. 103-382, title 
III, Sec. 381, Oct. 20, 1994, 108 Stat. 3986.)

                       References in Text

    The Americans with Disabilities Act of 1990, referred to in subsec. 
(a), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended which 
is classified principally to chapter 126 (Sec. 12101 et seq.) of Title 
42, The Public Health and Welfare. For complete classification of this 
Act to the Code, see Short Title note set out under section 12101 of 
Title 42 and Tables.

                          Codification

    Subsec. (b) of this section, which required the Secretary of the 
Interior, each time the annual budget request for Bureau educational 
services was presented, to submit to appropriate committees of Congress 
a detailed plan to bring facilities into compliance with standards as 
provided in this section, terminated, effective May 15, 2000, pursuant 
to section 3003 of Pub. L. 104-66, as amended, set out as a note under 
section 1113 of Title 31, Money and Finance. See, also, page 113 of 
House Document No. 103-7.
    In subsec. (c), ``November 1, 1978'' was substituted for ``the date 
of enactment of this Act'', which was translated as meaning the date of 
enactment of Pub. L. 95-561, which enacted this chapter.


                            Prior Provisions

    A prior section 2005, Pub. L. 95-561, title XI, Sec. 1125, Nov. 1, 
1978, 92 Stat. 2319; Pub. L. 100-297, title V, Sec. 5103, Apr. 28, 1988, 
102 Stat. 364, related to facilities construction, prior to the general 
amendment of this chapter by Pub. L. 103-382.


     Use of Tribal Priority Allocations Funds for School Facilities

    Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998, 112 
Stat. 2681-231, 2681-246, provided in part: ``That hereafter tribes may 
use tribal priority allocations funds for the replacement and repair of 
school facilities in compliance with 25 U.S.C. 2005(a), so long as such 
replacement or repair is approved by the Secretary and completed with 
non-Federal tribal and/or tribal priority allocation funds''.

                  Section Referred to in Other Sections

    This section is referred to in sections 2006, 2017 of this title.
