
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: 25USC2011]

 
                            TITLE 25--INDIANS
 
              CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
 
Sec. 2011. Policy for Indian control of Indian education


(a) Facilitation of Indian control

    It shall be the policy of the Secretary and the Bureau, in carrying 
out the functions of the Bureau, to facilitate Indian control of Indian 
affairs in all matters relating to education.

(b) Consultation with tribes

    (1) All actions under this Act shall be done with active 
consultation with tribes.
    (2) The consultation required under paragraph (1) means a process 
involving the open discussion and joint deliberation of all options with 
respect to potential issues or changes between the Bureau and all 
interested parties. During such discussions and joint deliberations, 
interested parties (including tribes and school officials) shall be 
given an opportunity to present issues including proposals regarding 
changes in current practices or programs which will be considered for 
future action by the Bureau. All interested parties shall be given an 
opportunity to participate and discuss the options presented or to 
present other alternatives, with the views and concerns of the 
interested parties given effect unless the Secretary determines, from 
information educed or presented by the interested parties during 1 or 
more of the discussions and deliberations, that there is a substantial 
reason for another course of action. The Secretary shall submit to any 
Member of Congress, within 18 days of the receipt of a written request 
by such Member, a written explanation of any decision made by the 
Secretary which is not consistent with the views of the interested 
parties.

(Pub. L. 95-561, title XI, Sec. 1131, as added Pub. L. 103-382, title 
III, Sec. 381, Oct. 20, 1994, 108 Stat. 4001.)

                       References in Text

    This Act, referred to in subsec. (b)(1), 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 2011, Pub. L. 95-561, title XI, Sec. 1131, Nov. 1, 
1978, 92 Stat. 2322; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 
1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 98-511, title V, 
Sec. 507(b), Oct. 19, 1984, 98 Stat. 2396; Pub. L. 100-297, title V, 
Secs. 5112(a), (b)(1), 5114, 5115, Apr. 28, 1988, 102 Stat. 377, 378, 
380; Pub. L. 100-427, Sec. 9(a)-(c), Sept. 9, 1988, 102 Stat. 1606, 
related to education personnel, 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 472a, 2001, 2002, 2008 of 
this title.
