
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: 25USC2006]

 
                            TITLE 25--INDIANS
 
              CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
 
Sec. 2006. Bureau of Indian Affairs education functions


(a) Formulation and establishment of policy and procedure; supervision 
        of programs and expenditures

    The Secretary shall vest in the Assistant Secretary for Indian 
Affairs all functions with respect to formulation and establishment of 
policy and procedure, and supervision of programs and expenditures of 
Federal funds for the purpose of Indian education administered by the 
Bureau. The Assistant Secretary shall carry out such functions through 
the Director of the Office of Indian Education.

(b) Direction and supervision of personnel operations

    The Director of the Office shall direct and supervise the operations 
of all personnel directly and substantially involved with provision of 
education services by the Bureau, including school or institution 
custodial or maintenance personnel. The Assistant Secretary for Indian 
Affairs shall provide for the adequate coordination between the affected 
Bureau Offices and the Office to facilitate the consideration of all 
contract functions relating to education. Except as required by section 
2009 of this title, nothing in this Act shall be construed to require 
the provision of separate support services for Indian education.

(c) Evaluation of programs; services and support functions; technical 
        and coordinating assistance

    Education personnel who are under the direction and supervision of 
the Director of the Office in accordance with the first sentence of 
subsection (b) of this section shall--
        (1) monitor and evaluate Bureau education programs,
        (2) provide all services and support functions for education 
    programs with respect to personnel matters involving staffing 
    actions and functions, and
        (3) provide technical and coordinating assistance in areas such 
    as procurement, contracting, budgeting, personnel, and curriculum.

(d) Construction and improvement of facilities; operation and 
        maintenance of facilities

    (1) The Assistant Secretary shall submit in the annual Budget a 
plan--
        (A) for school facilities to be constructed under the system 
    required by section 2005(c) of this title;
        (B) for establishing priorities among projects and for the 
    improvement and repair of education facilities, which together shall 
    form the basis for the distribution of appropriated funds; and
        (C) including a 5-year plan for capital improvements.

    (2)(A) The Assistant Secretary shall establish a program, including 
the distribution of appropriated funds, for the operation and 
maintenance of education facilities. Such program shall include--
        (i) a method of computing the amount necessary for each 
    education facility;
        (ii) similar treatment of all Bureau funded schools;
        (iii) a notice of an allocation of appropriated funds from the 
    Director of the Office directly to the appropriate education line 
    officers; and
        (iv) a system for the conduct of routine preventive maintenance.

    (B) The appropriate education line officers shall make arrangements 
for the maintenance of education facilities with the local supervisors 
of the Bureau maintenance personnel who are under the authority of the 
agency superintendent or area directors, respectively. The local 
supervisors of Bureau maintenance personnel shall take appropriate 
action to implement the decisions made by the appropriate education line 
officers, except that no funds under this chapter may be authorized for 
expenditure unless such appropriate education line officer is assured 
that the necessary maintenance has been, or will be, provided in a 
reasonable manner. Subject to the requirements of subsection (b) of this 
section, nothing in this Act shall be construed to require the provision 
of separate operations and maintenance personnel for the Office.
    (3) The requirements of this subsection shall be implemented not 
later than July 1, 1995.

(e) Acceptance of gifts and bequests

    Notwithstanding any other provision of law, the Director shall 
promulgate guidelines for the establishment of mechanisms for the 
acceptance of gifts and bequests for the use of, and benefit of, 
particular schools or designated Bureau operated education programs, 
including, where appropriate, the establishment and administration of 
trust funds. When a Bureau operated program is the beneficiary of such a 
gift or bequest, the Director shall make provisions for monitoring its 
use, and shall report to the appropriate committees of Congress the 
amount and terms of such gift or bequest, the use to which such gift or 
bequest is put, and any positive results achieved by such action.

(f) ``Functions'' defined

    For the purpose of this section the term ``functions'' includes 
powers and duties.

(Pub. L. 95-561, title XI, Sec. 1126, as added Pub. L. 103-382, title 
III, Sec. 381, Oct. 20, 1994, 108 Stat. 3988.)

                       References in Text

    This Act, referred to in subsecs. (b) and (d)(2)(B), means Pub. L. 
95-561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as the Education 
Amendments of 1978. For complete classification of this Act to the Code, 
see Short Title note set out under section 6301 of Title 20, Education, 
and Tables.


                            Prior Provisions

    A prior section 2006, Pub. L. 95-561, title XI, Sec. 1126, Nov. 1, 
1978, 92 Stat. 2319; Pub. L. 96-46, Sec. 2(b)(6), Aug. 6, 1979, 93 Stat. 
341; Pub. L. 98-511, title V, Sec. 504, Oct. 19, 1984, 98 Stat. 2393; 
Pub. L. 99-89, Sec. 4, Aug. 15, 1985, 99 Stat. 381; Pub. L. 100-427, 
Sec. 1(c)(3), Sept. 9, 1988, 102 Stat. 1603, related to Bureau of Indian 
Affairs education functions, prior to the general amendment of this 
chapter by Pub. L. 103-382.

                  Section Referred to in Other Sections

    This section is referred to in section 2504 of this title.
