
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: 25USC2010]

 
                            TITLE 25--INDIANS
 
              CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
 
Sec. 2010. Uniform direct funding and support


(a) Establishment of system

    (1) Within six months after October 20, 1994, the Secretary shall 
establish, by regulation adopted in accordance with section 2019 \1\ of 
this title, a system for the direct funding and support of all Bureau 
funded schools. Such system shall allot funds, in accordance with 
section 2007 of this title. All amounts appropriated for distribution 
under this section may be made available under paragraph (2).
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    \1\ See References in Text note below.
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    (2)(A) For the purpose of affording adequate notice of funding 
available pursuant to the allotments made by section 2007 of this title, 
amounts appropriated in an appropriation Act for any fiscal year shall 
become available for obligation by the affected schools on July 1 of the 
fiscal year in which such amounts are appropriated without further 
action by the Secretary, and shall remain available for obligation 
through the succeeding fiscal year.
    (B) The Secretary shall, on the basis of the amount appropriated in 
accordance with this paragraph--
        (i) publish, on July 1 of the fiscal year for which the funds 
    are appropriated, allotments to each affected school made under 
    section 2007 of this title of 85 percent of such appropriation; and
        (ii) publish, not later than September 30 of such fiscal year, 
    the allotments to be made under section 2007 of this title of the 
    remaining 15 percent of such appropriation, adjusted to reflect 
    actual student attendance.

    (3)(A) Notwithstanding any law or regulation, the supervisor of a 
Bureau school may expend an aggregate of not more than $35,000 of the 
amount allotted the school under section 2007 of this title to acquire 
supplies and equipment for the school without competitive bidding if--
        (i) the cost for any single item purchased does not exceed 
    $10,000;
        (ii) the school board approves the procurement;
        (iii) the supervisor certifies that the cost is fair and 
    reasonable;
        (iv) the documents relating to the procurement executed by the 
    supervisor or other school staff cite this paragraph as authority 
    for the procurement; and
        (v) the transaction is documented in a journal maintained at the 
    school clearly identifying when the transaction occurred, what was 
    acquired and from whom, the prices paid, the quantities acquired, 
    and any other information the supervisor or school board considers 
    relevant.

    (B) The Director shall be responsible for determining the 
application of this paragraph, including the authorization of specific 
individuals to carry out this paragraph, and shall be responsible for 
the provision of guidelines on the use of this paragraph and adequate 
training on such guidelines.
    (4) If a sequestration order issued under the Balanced Budget and 
Emergency Deficit Control Act of 1985 reduces the amount of funds 
available for allotment under section 2007 of this title for any fiscal 
year by more than 7 percent of the amount of funds available for 
allotment under such section during the preceding fiscal year--
        (A) the Secretary, notwithstanding any other law, may use--
            (i) funds appropriated for the operation of any Bureau 
        school that is closed or consolidated, and
            (ii) funds appropriated for any program that has been 
        curtailed at any Bureau school,

    to fund allotments made under section 2007 of this title, and
        (B) the Secretary may waive the application of the provisions of 
    section 2001(h) of this title with respect to the closure or 
    consolidation of a school, or the curtailment of a program at a 
    school, during such fiscal year if the funds described in clauses 
    (i) and (ii) of subparagraph (A) with respect to such school are 
    used to fund allotments made under section 2007 of this title for 
    such fiscal year.

(b) Local financial plans for expenditure of funds

    In the case of all Bureau schools, allotted funds shall be expended 
on the basis of local financial plans which shall be prepared by the 
local school supervisor in active consultation with the local school 
board for each school, and the local school board for each school shall 
have the authority to ratify, reject, or amend such financial plan, and 
expenditures thereunder, and, on its own determination or in response to 
the supervisor of the school, to revise such financial plan to meet 
needs not foreseen at the time of preparation of the financial plan. The 
supervisor shall provide the appropriate union representative of the 
education employees with copies of proposed draft financial plans and 
all amendments or modifications thereto, at the same time such copies 
are submitted to the local school board. The supervisor of the school 
may appeal any such action of the local school board to the appropriate 
education line officer of the Bureau agency by filing a written 
statement describing the action and the reasons the supervisor believes 
such action should be overturned. A copy of such statement shall be 
submitted to the local school board and such board shall be afforded an 
opportunity to respond, in writing, to such appeal. After reviewing such 
written appeal and response, the appropriate education line officer may, 
for good cause, overturn the action of the local school board. The 
appropriate line education officer shall transmit the determination of 
such appeal in the form of a written opinion to such board and to such 
supervisor identifying the reasons for overturning such action.

(c) Use of self-determination grant funds

    Funds for self-determination grants under section 450h(a)(2) of this 
title shall not be used for providing technical assistance and training 
in the field of education by the Bureau unless such services are 
provided in accordance with a plan, agreed to by the tribe or tribes 
affected and the Bureau, under which control of education programs is 
intended to be transferred to such tribe or tribes within a specific 
period of time negotiated under such agreement. The Secretary may 
approve applications for funding tribal divisions of education and the 
development of tribal codes of education from funds appropriated 
pursuant to section 450h(a) \1\ of this title.

(d) Technical assistance and training

    In the exercise of its authority under this section, a local school 
board may request technical assistance and training from the Secretary, 
and the Secretary shall, to the greatest extent possible, provide such 
services, and make appropriate provisions in the budget of the Office 
for such services.

(e) Summer program of academic and support services

    (1) A financial plan under subsection (b) of this section for a 
school may include, at the discretion of the local administrator and the 
school board of such school, a provision for a summer program of 
academic and support services for students of the school. Any such 
program may include activities related to the prevention of alcohol and 
substance abuse. The Assistant Secretary of Indian Affairs shall provide 
for the utilization of any such school facility during any summer in 
which such utilization is requested.
    (2) Notwithstanding any other provision of law, funds authorized 
under the Act of April 16, 1934 (25 U.S.C. 452 et seq.) and this Act may 
be used to augment the services provided in each summer program at the 
option, and under the control, of the tribe or Indian controlled school 
receiving such funds.
    (3) The Assistant Secretary of Indian Affairs, acting through the 
Director of the Office, shall provide technical assistance and 
coordination for any program described in paragraph (1) and shall, to 
the extent possible, encourage the coordination of such programs with 
any other summer programs that might benefit Indian youth, regardless of 
the funding source or administrative entity of any such program.

(f) Cooperative agreements

    (1) From funds allotted to a Bureau school under section 2007 of 
this title, the Secretary shall, if specifically requested by the tribal 
governing body (within the meaning of section 2001(k) of this title), 
implement any cooperative agreement entered into between the tribe, the 
Bureau school board, and the local public school district which meets 
the requirements of paragraph (2) and involves the school. The tribe, 
the Bureau school board, and the local public school district shall 
determine the terms of the agreement. Such agreement may encompass 
coordination of all or any part of the following:
        (A) Academic program and curriculum, unless the Bureau school is 
    currently accredited by a State or regional accrediting entity and 
    would not continue to be so accredited.
        (B) Support services, including procurement and facilities 
    maintenance.
        (C) Transportation.

    (2) Each agreement entered into pursuant to the authority provided 
in paragraph (1) shall confer a benefit upon the Bureau school 
commensurate with the burden assumed, though this requirement shall not 
be construed so as to require equal expenditures or an exchange of 
similar services.

(g) Product or result of student projects

    Notwithstanding any other provision of law, where there is agreement 
on action between the superintendent and the school board of a Bureau 
funded school, the product or result of a project conducted in whole or 
in major part by a student may be given to that student upon the 
completion of such project.

(h) Federal matching funds requirements

    Notwithstanding any other provision of law, funds received by a 
Bureau funded school under this chapter shall not be considered Federal 
funds for purposes of meeting a matching funds requirement in any 
Federal program.

(Pub. L. 95-561, title XI, Sec. 1130, as added Pub. L. 103-382, title 
III, Sec. 381, Oct. 20, 1994, 108 Stat. 3999.)

                       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.
    The Balanced Budget and Emergency Deficit Control Act of 1985, 
referred to in subsec. (a)(4), is title II of Pub. L. 99-177, Dec. 12, 
1985, 99 Stat. 1038, as amended which enacted chapter 20 (Sec. 900 et 
seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 
602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, 
and 1109 of Title 31, Money and Finance, and section 911 of Title 42, 
The Public Health and Welfare, repealed section 661 of Title 2, enacted 
provisions set out as notes under section 900 of Title 2 and section 911 
of Title 42, and amended provisions set out as a note under section 621 
of Title 2. For complete classification of this Act to the Code, see 
Short Title note set out under section 900 of Title 2 and Tables.
    Section 450h(a) of this title, referred to in subsec. (c), was in 
the original ``section 104(a) of such Act'', meaning section 104(a) of 
the Indian Self-Determination and Education Assistance Act, which was 
translated as reading section 103(a) of that Act to reflect the probable 
intent of Congress, because section 104(a) amended section 3371 of Title 
5, Government Organization and Employees, but former section 104(a), 
which was renumbered section 103(a) by Pub. L. 100-472, title II, 
Sec. 202(a), Oct. 5, 1988, 102 Stat. 2289, authorizes the Secretary of 
the Interior to contract with and make grants to tribal organizations.
    Act of April 16, 1934, referred to in subsec. (e)(2), is act Apr. 
16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the 
Johnson-O'Malley Act, which is classified generally to section 452 et 
seq. of this title. For complete classification of this Act to the Code, 
see Short Title note set out under section 452 of this title and Tables.
    This Act, referred to in subsec. (e)(2), 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.
    This chapter, referred to in subsec. (h), was in the original ``this 
title'', meaning title XI (Secs. 1101-1152) of Pub. L. 95-561, which is 
classified principally to this chapter. For complete classification of 
title XI to the Code, see Tables.


                            Prior Provisions

    A prior section 2010, Pub. L. 95-561, title XI, Sec. 1130, Nov. 1, 
1978, 92 Stat. 2321; Pub. L. 100-297, title V, Sec. 5111, Apr. 28, 1988, 
102 Stat. 376; Pub. L. 100-427, Sec. 7, Sept. 9, 1988, 102 Stat. 1605, 
related to policy for Indian control of Indian education, 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 2007, 2012, 2017, 2411 of 
this title; title 20 section 7816.
