
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: 25USC2007]

 
                            TITLE 25--INDIANS
 
              CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
 
Sec. 2007. Allotment formula


(a) Factors considered; revision to reflect standards

    (1) The Secretary shall establish, by regulation adopted in 
accordance with section 2019 \1\ of this title, a formula for 
determining the minimum annual amount of funds necessary to sustain each 
Bureau funded school. In establishing such formula, the Secretary shall 
consider--
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    \1\ See References in Text note below.
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        (A) the number of eligible Indian students served and size of 
    the school;
        (B) special cost factors, such as--
            (i) the isolation of the school;
            (ii) the need for special staffing, transportation, or 
        educational programs;
            (iii) food and housing costs;
            (iv) maintenance and repair costs associated with the 
        physical condition of the educational facilities;
            (v) special transportation and other costs of isolated and 
        small schools;
            (vi) the costs of boarding arrangements, where determined 
        necessary by a tribal governing body or designated local school 
        board;
            (vii) costs associated with greater lengths of service by 
        educational personnel; and
            (viii) special programs for gifted and talented students;

        (C) the cost of providing academic services which are at least 
    equivalent to those provided by public schools in the State in which 
    the school is located; and
        (D) such other relevant factors as the Secretary determines are 
    appropriate.

    (2) Upon the establishment of the standards required by sections 
2001 and 2002 of this title, the Secretary shall revise the formula 
established under this subsection to reflect the cost and funding 
standards so established. Prior to January 1, 1996, the Secretary shall 
review the formula established under this section and shall take such 
steps as may be necessary to increase the availability of counseling 
services for students in off-reservation boarding schools and other 
Bureau operated residential facilities. Concurrent with such action, the 
Secretary shall review the standards established under section 2001 of 
this title to be certain that adequate provision is made for parental 
notification regarding, and consent for, such counseling services.

(b) Pro rata allotment

    Notwithstanding any other provisions of law, Federal funds 
appropriated for the general local operation of Bureau funded schools 
shall be allotted pro rata in accordance with the formula established 
under subsection (a) of this section.

(c) Annual adjustment; reservation of amount for training

    (1) For fiscal year 1990, and for each subsequent fiscal year, the 
Secretary shall adjust the formula established under subsection (a) of 
this section to--
        (A) use a weighted unit of 1.2 for each eligible Indian student 
    enrolled in the seventh and eighth grades of the school in 
    considering the number of eligible Indian students served by the 
    school;
        (B) consider a school with an enrollment of less than 50 
    eligible Indian students as having an average daily attendance of 50 
    eligible Indian students for purposes of implementing the adjustment 
    factor for small schools; and
        (C) take into account the provision of residential services on a 
    less than 9-month basis at a school when the school board and 
    supervisor of the school determine that a less than 9-month basis 
    will be implemented for the school year involved.

    (2)(A) The Secretary shall reserve for national school board 
training 0.2 percent of the funds appropriated for each fiscal year for 
distribution under this section. Such training shall be conducted 
through the same organizations through which, and in the same manner in 
which, the training was conducted in fiscal year 1992, except that the 
contracts for distribution of such funds shall require that such funds 
be distributed by the recipient organizations in a manner that assures 
the same pro rata share is made available for training for each school 
board in the system. If the contract for such training is not awarded 
before May 1 of each fiscal year, the contract under which such training 
was provided for the fiscal year preceding such fiscal year shall be 
renewed by the Secretary for such fiscal year. The agenda for the 
training sessions shall be established by the school boards through 
their regional or national organizations.
    (B) For each year in which the Secretary uses a weighted unit 
formula established under subsection (a) of this section to fund Bureau 
schools, a Bureau school which generates less than 168 weighted units 
shall receive an additional 2 weighted units to defray school board 
activities.
    (C) From the funds allotted in accordance with the formula 
established under subsection (a) of this section for each Bureau school, 
the local school board of such school may reserve an amount which does 
not exceed the greater of--
        (i) $5,000, or
        (ii) the lesser of--
            (I) $15,000, or
            (II) 1 percent of such allotted funds,

for school board activities for such school, including and 
notwithstanding any other provision of law, meeting expenses and the 
cost of membership in, and support of, organizations engaged in 
activities on behalf of Indian education.
    (3) The Secretary shall adjust the formula established under 
subsection (a) of this section to use a weighted unit of 2.0 for each 
eligible Indian student that--
        (A) is gifted and talented, and
        (B) is enrolled in the school on a full-time basis,

in considering the number of eligible Indian students served by the 
school.
    (4)(A) The Secretary shall adjust the formula established under 
subsection (a) of this section to use a weighted unit of 0.25 for each 
eligible Indian student who is enrolled in a year-long credit course in 
an Indian or Native language as part of the regular curriculum of a 
school, in considering the number of eligible Indian students served by 
such school.
    (B) The adjustment required under subparagraph (A) shall be used for 
such school after--
        (i) the certification of the Indian or Native language 
    curriculum by the school board of such school to the Secretary, 
    together with an estimate of the number of full-time students 
    expected to be enrolled in the curriculum in the second school year 
    following the school year for which the certification is made; and
        (ii) the funds appropriated for allotment under this section are 
    designated by the appropriations Act appropriating such funds as the 
    amount necessary to implement such adjustment at such school without 
    reducing allotments made under this section to any school by virtue 
    of such adjustment.

(d) Reservation of amount for emergencies

    The Secretary shall reserve from the funds available for 
distribution for each fiscal year under this section an amount which, in 
the aggregate, shall equal 1 percent of the funds available for such 
purpose for that fiscal year. Such funds shall be used, at the 
discretion of the Director of the Office, to meet emergencies and 
unforeseen contingencies affecting the education programs funded under 
this section. Funds reserved under this subsection may only be expended 
for education services or programs at a schoolsite (as defined in 
section 2503(c)(2) of this title). Funds reserved under this subsection 
shall remain available without fiscal year limitation until expended. 
However, the aggregate amount available from all fiscal years may not 
exceed 1 percent of the current year funds. Whenever the Secretary makes 
funds available under this subsection, the Secretary shall report such 
action to the appropriate committees of Congress within the annual 
budget submission.

(e) Supplemental appropriations

    Supplemental appropriations enacted to meet increased pay costs 
attributable to school level personnel shall be distributed under this 
section.

(f) ``Eligible Indian student'' defined

    For the purpose of this section, the term ``eligible Indian 
student'' means a student who--
        (1) is a member of or is at least a \1/4\ degree Indian blood 
    descendant of a member of an Indian tribe which is eligible for the 
    special programs and services provided by the United States through 
    the Bureau to Indians because of their status as Indians, and
        (2) resides on or near an Indian reservation or meets the 
    criteria for attendance at a Bureau off-reservation boarding school.

(g) Tuition

    (1) An eligible Indian student may not be charged tuition for 
attendance at a Bureau school or contract or grant school. A student 
attending a Bureau school under paragraph (2)(C) may not be charged 
tuition.
    (2) The Secretary may permit the attendance at a Bureau school of a 
student who is not an eligible Indian student if--
        (A) the Secretary determines that the student's attendance will 
    not adversely affect the school's program for eligible Indian 
    students because of cost, overcrowding, or violation of standards,
        (B) the school board consents,
        (C) the student is a dependent of a Bureau, Indian Health 
    Service, or tribal government, employee who lives on or near the 
    school site, or
        (D) a tuition is paid for the student that is not more than that 
    charged by the nearest public school district for out-of-district 
    students, is \2\ in addition to the school's allocation under this 
    section.
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    \2\ So in original. Probably should be ``students. The tuition 
collected is''.

    (3) The school board of a contract or grant school may permit 
students who are not eligible Indian students under this subsection to 
attend its contract school or grant school and any tuition collected for 
those students is in addition to funding under this section.

(h) Funds available without fiscal year limitation

    Notwithstanding any other provision of law, at the election of the 
school board of a Bureau school made at any time during the fiscal year, 
a portion equal to not more than 15 percent of the funds allocated with 
respect to a school under this section for any fiscal year shall remain 
available to the school for expenditure without fiscal year limitation. 
The Assistant Secretary shall take steps as may be necessary to 
implement this provision immediately.

(i) Students boarding at Richfield Dormitory, Richfield, Utah

    Beginning with academic year 1994-1995, tuition for the out-of-State 
students boarding at the Richfield Dormitory in Richfield, Utah, who 
attend Sevier County high schools in Richfield, Utah, shall be paid from 
the Indian school equalization program funds authorized in this section 
and section 2010 of this title at a rate not to exceed the amount per 
weighted student unit for that year for the instruction of such 
students. No additional administrative cost funds shall be added to the 
grant.

(Pub. L. 95-561, title XI, Sec. 1127, as added Pub. L. 103-382, title 
III, Sec. 381, Oct. 20, 1994, 108 Stat. 3989.)

                       References in Text

    Section 2019 of this title, referred to in subsec. (a)(1), was 
repealed by Pub. L. 105-362, title VIII, Sec. 801(c)(5), Nov. 10, 1998, 
112 Stat. 3288.


                            Prior Provisions

    A prior section 2007, Pub. L. 95-561, title XI, Sec. 1127, Nov. 1, 
1978, 92 Stat. 2320, related to policies and procedures for 
implementation of transferred administrative 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 sections 2001, 2010 of this title.
