
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-110 Section 1042]
[CITE: 25USC2024]

 
                            TITLE 25--INDIANS
 
              CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
 
Sec. 2024. Tribal departments of education


(a) In general

    Subject to the availability of appropriations, the Secretary shall 
provide grants and technical assistance to tribes for the development 
and operation of tribal departments of education for the purpose of 
planning and coordinating all educational programs of the tribe.

(b) Grants

    Grants provided under this section shall--
        (1) be based on applications from the governing body of the 
    tribe,
        (2) reflect factors such as geographic and population diversity,
        (3) facilitate tribal control in all matters relating to the 
    education of Indian children on Indian reservations and on former 
    Indian reservations in Oklahoma,
        (4) provide for the development of coordinated educational 
    programs on Indian reservations (including all preschool, 
    elementary, secondary, and higher or vocational educational programs 
    funded by tribal, Federal, or other sources) by encouraging tribal 
    administrative support of all Bureau funded educational programs as 
    well as encouraging tribal cooperation and coordination with all 
    educational programs receiving financial support from State 
    agencies, other Federal agencies, or private entities,
        (5) provide for the development and enforcement of tribal 
    educational codes, including tribal educational policies and tribal 
    standards applicable to curriculum, personnel, students, facilities, 
    and support programs, and
        (6) otherwise comply with regulations for grants under section 
    450h(a) of this title that are in effect on the date application for 
    such grants are made.

(c) Priorities

    (1) In approving and funding applications for grants under this 
section, the Secretary shall give priority to any application that--
        (A) includes assurances from the majority of Bureau funded 
    schools located within the boundaries of the reservation of the 
    applicant that the tribal department of education to be funded under 
    this section will provide coordinating services and technical 
    assistance to all of such schools, including the submission to each 
    applicable agency of a unified application for funding for all of 
    such schools which provides that--
            (i) no administrative costs other than those attributable to 
        the individual programs of such schools will be associated with 
        the unified application, and
            (ii) the distribution of all funds received under the 
        unified application will be equal to the amount of funds 
        provided by the applicable agency to which each of such schools 
        is entitled under law,

        (B) includes assurances from the tribal governing body that the 
    tribal department of education funded under this section will 
    administer all contracts or grants (except those covered by the 
    other provisions of this chapter and the Tribally Controlled College 
    or University Assistance Act of 1978 [25 U.S.C. 1801 et seq.]) for 
    education programs administered by the tribe and will coordinate all 
    of the programs to the greatest extent possible,
        (C) includes assurances for the monitoring and auditing by or 
    through the tribal department of education of all education programs 
    for which funds are provided by contract or grant to ensure that the 
    programs meet the requirements of law, and
        (D) provides a plan and schedule for--
            (i) the assumption over the term of the grant by the tribal 
        department of education of all assets and functions of the 
        Bureau agency office associated with the tribe, insofar as those 
        responsibilities relate to education, and
            (ii) the termination by the Bureau of such operations and 
        office at the time of such assumption,

    except that when mutually agreeable between the tribal governing 
    body and the Assistant Secretary, the period in which such 
    assumption is to occur may be modified, reduced, or extended after 
    the initial year of the grant.

    (2) Subject to the availability of appropriated funds, grants 
provided under this section shall be provided for a period of 3 years 
and the grant may, if performance by the grantee is satisfactory to the 
Secretary, be renewed for additional 3-year terms.

(d) Terms, conditions, or requirements

    The Secretary shall not impose any terms, conditions, or 
requirements on the provision of grants under this section that are not 
specified in this section.

(e) Authorization of appropriations

    For the purpose of carrying out the provisions of this section, 
there are authorized to be appropriated $2,000,000 for fiscal year 1995 
and such sums as may be necessary for each of the fiscal years 1996, 
1997, 1998, and 1999.

(Pub. L. 95-561, title XI, Sec. 1144, as added Pub. L. 103-382, title 
III, Sec. 381, Oct. 20, 1994, 108 Stat. 4013; amended Pub. L. 105-244, 
title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat. 1828.)

                       References in Text

    This chapter, referred to in subsec. (c)(1)(B), 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.
    The Tribally Controlled College or University Assistance Act of 
1978, referred to in subsec. (c)(1)(B), is Pub. L. 95-471, Oct. 17, 
1978, 92 Stat. 1325, as amended, which is classified principally to 
chapter 20 (Sec. 1801 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 1801 of this title and Tables.


                               Amendments

    1998--Subsec. (c)(1)(B). Pub. L. 105-244 substituted ``Tribally 
Controlled College or University Assistance Act of 1978'' for ``Tribally 
Controlled Community College Assistance Act of 1978''.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as 
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244, 
set out as a note under section 1001 of Title 20, Education.

                  Section Referred to in Other Sections

    This section is referred to in title 20 section 7835.
