
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: 25USC2504]

 
                            TITLE 25--INDIANS
 
              CHAPTER 27--TRIBALLY CONTROLLED SCHOOL GRANTS
 
Sec. 2504. Composition of grants


(a) In general

    The grant provided under this chapter to an Indian tribe or tribal 
organization for any fiscal year shall consist of--
        (1) the total amount of funds allocated for such fiscal year 
    under sections 1128 \1\ and 1128A \1\ of the Education Amendments of 
    1978 with respect to the tribally controlled schools eligible for 
    assistance under this chapter that are operated by such Indian tribe 
    or tribal organization, including, but not limited to, funds 
    provided under such sections, or under any other provision of law, 
    for transportation costs,
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    \1\ See References in Text note below.
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        (2) to the extent requested by such Indian tribe or tribal 
    organization, the total amount of funds provided from operations and 
    maintenance accounts and, notwithstanding section 450j of this 
    title, or any other provision of law, other facilities accounts for 
    such schools for such fiscal year (including but not limited to all 
    those referenced under section 1126(d) of the Education Amendments 
    of 1978 [25 U.S.C. 2006(d)], or any other law), and
        (3) the total amount of funds provided under--
            (A) title I of the Elementary and Secondary Education Act of 
        1965 [20 U.S.C. 6301 et seq.],
            (B) the Individuals with Disabilities Education Act [20 
        U.S.C. 1400 et seq.], and
            (C) any other Federal education law,

    that are allocated to such schools for such fiscal year.

(b) Special rules

    (1) In the allocation of funds under sections 1128,\1\ 1128A,\1\ and 
1126(d) [25 U.S.C. 2006(d)] of the Education Amendments of 1978, 
tribally controlled schools for which grants are provided under this 
chapter shall be treated as contract schools.
    (2) In the allocation of funds provided under--
        (A) title I of the Elementary and Secondary Education Act of 
    1965 [20 U.S.C. 6301 et seq.],
        (B) the Individuals with Disabilities Education Act [20 U.S.C. 
    1400 et seq.], and
        (C) any other Federal education law,

that are distributed through the Bureau, tribally controlled schools for 
which grants are provided under this chapter shall be treated as Bureau 
schools.
    (3)(A) Funds allocated to a tribally controlled school by reason of 
paragraph (1) or (2) shall be subject to the provisions of this chapter 
and shall not be subject to any additional restriction, priority, or 
limitation that is imposed by the Bureau with respect to funds provided 
under--
        (i) title I of the Elementary and Secondary Education Act of 
    1965 [20 U.S.C. 6301 et seq.],
        (ii) the Individuals with Disabilities Education Act [20 U.S.C. 
    1400 et seq.], or
        (iii) any Federal education law other than title XI of the 
    Education Amendments of 1978 [25 U.S.C. 2001 et seq.].

    (B) Indian tribes and tribal organizations to which grants are 
provided under this chapter, and tribally controlled schools for which 
such grants are provided, shall not be subject to any requirements, 
obligations, restrictions, or limitations imposed by the Bureau that 
would otherwise apply solely by reason of the receipt of funds provided 
under any law referred to in clause (i), (ii), or (iii) of subparagraph 
(A).
    (4) Notwithstanding the provision of paragraph \2\ 2503(a)(2) of 
this title, with respect to funds from facilities improvement and 
repair, alteration and renovation (major or minor), health and safety, 
or new construction accounts included in the grant under such paragraph 
(a)(2),\3\ the grantee shall maintain a separate account for such funds 
and shall, at the end of the period designated for the work covered by 
the funds received, render a separate accounting of the work done and 
the funds used to the Secretary. Funds received from these accounts may 
only be used for the purposes for which they were appropriated and for 
the work encompassed by the application or submission under which they 
were received, except that a school receiving a grant under this chapter 
for facilities improvement and repair may use such grant funds for new 
construction if the tribal government or other organization provides 
funding for the new construction equal to at least one-fourth of the 
total cost of such new construction. Where the appropriations measure or 
the application submission does not stipulate a period for the work 
covered by the funds so designated, the Secretary and the grantee shall 
consult and determine such a period prior to the transfer of funds: 
Provided, That such period may be extended upon mutual agreement.
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    \2\ So in original. Probably should be ``section''.
    \3\ So in original. Probably should be ``section 2503(a)(2),''.
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    (5) If the Secretary fails to make a determination within 180 days 
of a request filed by an Indian tribe or tribal organization to include 
in such tribe or organization's grant the funds described in subsection 
(a)(2) of this section, the Secretary shall be deemed to have approved 
such request and the Secretary shall immediately amend the grant 
accordingly. Such tribe or organization may enforce its rights under 
subsection (a)(2) of this section and this paragraph, including any 
denial of or failure to act on such tribe or organization's request, 
pursuant to the disputes authority described in section 2508(e) of this 
title.

(Pub. L. 100-297, title V, Sec. 5205, Apr. 28, 1988, 102 Stat. 387; Pub. 
L. 100-427, Sec. 10(c), Sept. 9, 1988, 102 Stat. 1608; Pub. L. 101-301, 
Sec. 5(g), May 24, 1990, 104 Stat. 209; Pub. L. 102-119, Sec. 26(f), 
Oct. 7, 1991, 105 Stat. 607; Pub. L. 103-382, title III, Secs. 382(a), 
(b), 394(m)(2), Oct. 20, 1994, 108 Stat. 4017, 4029.)

                       References in Text

    The Education Amendments of 1978, referred to in subsecs. (a)(1) and 
(b)(1), (3)(A)(iii), 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 
subsecs. (a)(3)(A) and (b)(2)(A), (3)(A)(i), 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 
subsecs. (a)(3)(B) and (b)(2)(B), (3)(A)(ii), 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.


                               Amendments

    1994--Subsecs. (a)(3)(A), (b)(2)(A), (3)(A)(i). Pub. L. 103-382, 
Sec. 394(m)(2), substituted ``title I'' for ``chapter 1 of title I''.
    Subsec. (b)(4). Pub. L. 103-382, Sec. 382(a), substituted ``were 
received, except that a school receiving a grant under this chapter for 
facilities improvement and repair may use such grant funds for new 
construction if the tribal government or other organization provides 
funding for the new construction equal to at least one-fourth of the 
total cost of such new construction'' for ``were received''.
    Subsec. (b)(5). Pub. L. 103-382, Sec. 382(b), added par. (5).
    1991--Subsecs. (a)(3)(B), (b)(2)(B), (3)(A)(ii). Pub. L. 102-119 
substituted ``Individuals with Disabilities Education Act'' for 
``Education of the Handicapped Act''.
    1990--Subsec. (a)(2). Pub. L. 101-301, Sec. 5(g)(1), amended par. 
(2) generally. Prior to amendment, par. (2) read as follows: ``to the 
extent requested by such Indian tribe or tribal organization, the total 
amount of funds provided from operations and maintenance accounts and 
other facilities accounts for such schools for such fiscal year under 
section 1126(d) of the Education Amendments of 1978 or under any other 
law, and''.
    Subsec. (b)(4). Pub. L. 101-301, Sec. 5(g)(2), added par. (4).
    1988--Subsec. (b)(3)(A)(i). Pub. L. 100-427 inserted ``chapter 1 
of'' before ``title I''.

                  Section Referred to in Other Sections

    This section is referred to in section 2503 of this title.
