
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: 25USC2503]

 
                            TITLE 25--INDIANS
 
              CHAPTER 27--TRIBALLY CONTROLLED SCHOOL GRANTS
 
Sec. 2503. Grants authorized


(a) In general

    (1) The Secretary shall provide grants to Indian tribes, and tribal 
organizations, that--
        (A) operate contract schools under title XI of the Education 
    Amendments of 1978 [25 U.S.C. 2001 et seq.] and notify the Secretary 
    of their election to operate the schools with assistance under this 
    chapter rather than continuing as contract schools;
        (B) operate other tribally controlled schools eligible for 
    assistance under this chapter and submit applications (which are 
    approved by their tribal governing bodies) to the Secretary for such 
    grants; or
        (C) elect to assume operation of Bureau schools with assistance 
    under this chapter and submit applications (which are approved by 
    their tribal governing bodies) to the Secretary for such grants.

    (2) Grants provided under this chapter shall be deposited into the 
general operating fund of the tribally controlled school with respect to 
which the grant is provided.
    (3)(A) Except as otherwise provided in this paragraph, grants 
provided under this chapter shall be used to defray, at the discretion 
of the school board of the tribally controlled school with respect to 
which the grant is provided, any expenditures for education-related 
activities for which any funds that compose the grant may be used under 
the laws described in section 2504(a) of this title, including but not 
limited to, expenditures for--
        (i) school operations, academic, educational, residential, 
    guidance and counseling, and administrative purposes, and
        (ii) support services for the school, including transportation.

    (B) Grants provided under this chapter may, at the discretion of the 
school board of the tribally controlled school with respect to which 
such grant is provided, be used to defray operation and maintenance 
expenditures for the school if any funds for the operation and 
maintenance of the school are allocated to the school under the 
provisions of any of the laws described in section 2504(a) of this 
title.
    (C) If funds allocated to a tribally controlled school under title I 
of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et 
seq.], the Individuals with Disabilities Education Act [20 U.S.C. 1400 
et seq.], or any Federal education law other than title XI of the 
Education Amendments of 1978 [25 U.S.C. 2001 et seq.] are included in a 
grant provided under this chapter, a portion of the grant equal to the 
amount of the funds allocated under such law shall be expended only for 
those activities for which funds provided under such law may be expended 
under the terms of such law.

(b) Limitations

    (1) No more than one grant may be provided under this chapter with 
respect to any Indian tribe or tribal organization for any fiscal year.
    (2) Funds provided under any grant made under this chapter may not 
be used in connection with religious worship or sectarian instruction.
    (3) Funds provided under any grant made under this chapter may not 
be expended for administrative costs (as defined under section 
1128A(e)(1) \1\ of the Education Amendments of 1978) in excess of the 
amount generated for such costs under section 1128A \1\ of such Act.
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    \1\ See References in Text note below.
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(c) Limitation on transfer of funds among schoolsites

    (1) In the case of a grantee which operates schools at more than one 
schoolsite, the grantee may expend no more than the lesser of--
        (A) 10 percent of the funds allocated for a schoolsite under 
    section 1128 \1\ of the Education Amendments of 1978, or
        (B) $400,000 of such funds,

at any other schoolsite.
    (2) For purposes of this subsection, the term ``schoolsite'' means 
the physical location and the facilities of an elementary or secondary 
educational or residential program operated by, or under contract with, 
the Bureau for which a discreet student count is identified under the 
funding formula established under section 1128 \1\ of the Education 
Amendments of 1978.

(d) No requirement to accept grants

    Nothing in this chapter may be construed--
        (1) to require a tribe or tribal organization to apply for or 
    accept, or
        (2) to allow any person to coerce any tribe or tribal 
    organization into applying for, or accepting,

a grant under this chapter to plan, conduct, and administer all of, or 
any portion of, any Bureau program. Such applications, and the timing of 
such applications, shall be strictly voluntary. Nothing in this chapter 
may be construed as allowing or requiring any grant with any entity 
other than the entity to which the grant is provided.

(e) No effect on Federal responsibility

    Grants provided under this chapter shall not terminate, modify, 
suspend, or reduce the responsibility of the Federal Government to 
provide a program.

(f) Retrocession

    Whenever an \2\ tribal governing body requests retrocession of any 
program for which assistance is provided under this chapter, such 
retrocession shall become effective upon a date specified by the 
Secretary not more than 120 days after the date on which the tribal 
governing body requests the retrocession, or such later date as may be 
mutually agreed upon by the Secretary and the tribal governing body. If 
such a program is retroceded, the Secretary shall provide to any Indian 
tribe served by such program at least the same quantity and quality of 
services that would have been provided under such program at the level 
of funding provided under this chapter prior to the retrocession. The 
tribe requesting retrocession shall specify whether the retrocession is 
to status as a Bureau school or as a contract school under title XI of 
the Education Amendments of 1978 [25 U.S.C. 2001 et seq.]. Except as 
otherwise determined by the Secretary, the tribe or tribal organization 
operating the program to be retroceded must transfer to the Secretary 
(or to the tribe or tribal organization which will operate the program 
as a contract school) the existing equipment and materials which were 
acquired--
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    \2\ So in original. Probably should be ``a''.
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        (1) with assistance under this chapter, or
        (2) upon assumption of operation of the program under this 
    chapter if it was a Bureau funded school under title XI of the 
    Education Amendments of 1978 before receiving assistance under this 
    chapter.

(g) No termination for administrative convenience

    Grants provided under this Act \3\ may not be terminated, modified, 
suspended, or reduced only for the convenience of the administering 
agency.
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    \3\ See References in Text note below.
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(Pub. L. 100-297, title V, Sec. 5204, Apr. 28, 1988, 102 Stat. 386; Pub. 
L. 100-427, Sec. 10(a), (b), Sept. 9, 1988, 102 Stat. 1607; Pub. L. 102-
119, Sec. 26(f), Oct. 7, 1991, 105 Stat. 607; Pub. L. 103-382, title 
III, Sec. 394(m)(1), Oct. 20, 1994, 108 Stat. 4029.)

                       References in Text

    The Education Amendments of 1978, referred to in subsecs. (a)(1)(A), 
(3)(C), (b)(3), (c)(1)(A), (2), and (f), is Pub. L. 95-561, Nov. 1, 
1978, 92 Stat. 2143, as amended. Title XI of the Act is classified 
principally to chapter 22 (Sec. 2001 et seq.) of this title. Sections 
1128 and 1128A of the Act were classified to sections 2008 and 2008a, 
respectively, of this title, prior to the general amendment of part B of 
such title XI, which is classified to chapter 22 (Sec. 2001 et seq.) of 
this title, by Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 
Stat. 3979. Pub. L. 103-382 enacted new sections 1127, relating to 
allotment formulas, and 1128, relating to administrative cost grants, of 
the Act which are classified to sections 2007 and 2008, respectively, of 
this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 6301 of Title 20, Education, and 
Tables.
    The Elementary and Secondary Education Act of 1965, referred to in 
subsec. (a)(3)(C), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as 
amended generally by Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 
108 Stat. 3519. Title I of the Act is classified generally to subchapter 
I (Sec. 6301 et seq.) of chapter 70 of Title 20. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 6301 of Title 20 and Tables.
    The Individuals with Disabilities Education Act, referred to in 
subsec. (a)(3)(C), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 
Stat. 175, as amended, which is classified generally to chapter 33 
(Sec. 1400 et seq.) of Title 20. For complete classification of this Act 
to the Code, see section 1400 of Title 20 and Tables.
    This Act, referred to in subsec. (g), is Pub. L. 100-297 and 
probably should be ``this part'', meaning part B of title V of Pub. L. 
100-297, known as the Tribally Controlled Schools Act of 1988, which is 
classified generally to this chapter. For complete classification of 
part B to the Code, see Short Title note set out under section 2501 of 
this title and Tables.


                               Amendments

    1994--Subsec. (a)(3)(C). Pub. L. 103-382 substituted ``title I'' for 
``chapter 1 of title I''.
    1991--Subsec. (a)(3)(C). Pub. L. 102-119 substituted ``Individuals 
with Disabilities Education Act'' for ``Education of the Handicapped 
Act''.
    1988--Subsec. (a)(1). Pub. L. 100-427, Sec. 10(a), added subpars. 
(A) to (C) and struck out former subpars. (A) and (B) which read as 
follows:
    ``(A) operate tribally controlled schools which are eligible for 
assistance under this chapter, and
    ``(B) submit to the Secretary applications for such grants.''
    Subsec. (f). Pub. L. 100-427, Sec. 10(b)(2), (3), struck out 
``Indian'' after ``Whenever an'', substituted ``tribal governing body'' 
for ``tribe'' in 3 places in first sentence, and inserted at end ``The 
tribe requesting retrocession shall specify whether the retrocession is 
to status as a Bureau school or as a contract school under title XI of 
the Education Amendments of 1978. Except as otherwise determined by the 
Secretary, the tribe or tribal organization operating the program to be 
retroceded must transfer to the Secretary (or to the tribe or tribal 
organization which will operate the program as a contract school) the 
existing equipment and materials which were acquired--
        ``(1) with assistance under this chapter, or
        ``(2) upon assumption of operation of the program under this 
    chapter if it was a Bureau funded school under title XI of the 
    Education Amendments of 1978 before receiving assistance under this 
    chapter.''

                  Section Referred to in Other Sections

    This section is referred to in sections 2007, 2504 of this title.
