
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC2508]

 
                            TITLE 25--INDIANS
 
              CHAPTER 27--TRIBALLY CONTROLLED SCHOOL GRANTS
 
Sec. 2508. Application with respect to Indian Self-Determination 
        and Education Assistance Act
        

(a) Certain provisions to apply to grants

    All provisions of sections 5, 6, 7, 104, 105(f),\1\ 106(f), 109, and 
111 of the Indian Self-Determination and Education Assistance Act [25 
U.S.C. 450c, 450d, 450e, 450i, 450j(f), 450j-1(f), 450m, 450n], except 
those provisions relating to indirect costs and length of contract, 
shall apply to grants provided under this chapter.
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    \1\ See References in Text note below.
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(b) Election for grant in lieu of contract

    (1) Contractors for activities to which this chapter applies who 
have entered into a contract under the Indian Self-Determination and 
Education Assistance Act [25 U.S.C. 450 et seq.] that is in effect on 
April 28, 1988, may, by giving notice to the Secretary, elect to have 
the provisions of this chapter apply to such activity in lieu of such 
contract.
    (2) Any election made under paragraph (1) shall take effect on the 
later of--
        (A) October 1 of the fiscal year succeeding the fiscal year in 
    which such election is made, or
        (B) the date that is 60 days after the date of such election.

    (3) In any case in which the 60-day period referred to in paragraph 
(2)(B) is less than 60 days before the beginning of the succeeding 
fiscal year, such election shall not take effect until the fiscal year 
after the fiscal year succeeding the election. For fiscal year 1989, the 
Secretary may waive this paragraph for elections received prior to 
September 30, 1988.

(c) No duplication

    No funds may be provided under any contract entered into under the 
Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et 
seq.] to pay any expenses incurred in providing any program or service 
if a grant has been made under this chapter to pay such expenses.

(d) Transfers and carryovers

    (1) A tribe or tribal organization assuming the operation of a 
Bureau school with assistance under this chapter shall be entitled to 
the transfer or use of buildings, equipment, supplies, and materials to 
the same extent as if it were contracting under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.).
    (2) A tribe or tribal organization assuming the operation of a 
contract school with assistance under this chapter shall be entitled to 
the transfer or use of the buildings, equipment, supplies, and materials 
that were used in the operation of the contract school to the same 
extent as if it were contracting under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.).
    (3) Any tribe or tribal organization which assumes operation of a 
Bureau school with assistance under this chapter and any tribe or tribal 
organization which elects to operate a school with assistance under this 
chapter rather than to continue as a contract school shall be entitled 
to any funds which would carryover from the previous fiscal year as if 
such school were operated as a contract school.

(e) Exceptions, problems, and disputes

    Any exception or problem cited in an audit conducted pursuant to 
section 2506(b)(2) of this title, any dispute regarding a grant 
authorized to be made pursuant to this chapter or any amendment to such 
grant, and any dispute involving an administrative cost grant under 
section 1128A \1\ of the Education Amendments of 1978 shall be handled 
under the provisions governing such exceptions, problems, or disputes in 
the case of contracts under the Indian Self-Determination and Education 
Assistance Act of 1975 (Public Law 93-658;\2\ 25 U.S.C. 450 et seq.). 
The Equal Access to Justice Act shall apply to administrative appeals 
filed after September 8, 1988, by grantees regarding a grant under this 
chapter, including an administrative cost grant.
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    \2\ So in original. Probably should be Public Law ``93-638;''.
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(Pub. L. 100-297, title V, Sec. 5209, Apr. 28, 1988, 102 Stat. 394; Pub. 
L. 100-427, Sec. 14, Sept. 9, 1988, 102 Stat. 1609; Pub. L. 101-301, 
Sec. 5(b), May 24, 1990, 104 Stat. 207; Pub. L. 103-382, title III, 
Sec. 382(d), (e), Oct. 20, 1994, 108 Stat. 4017, 4018.)

                       References in Text

    The Indian Self-Determination and Education Assistance Act, referred 
to in subsecs. (a), (b)(1), (c), (d)(1), (2), and (e), is Pub. L. 93-
638, Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified 
principally to subchapter II (Sec. 450 et seq.) of chapter 14 of this 
title. Section 106(f) of the Act [25 U.S.C. 450j-1(f)], was redesignated 
section 106(e) of the Act [25 U.S.C. 450j-1(e)] by Pub. L. 105-362, 
title VIII, Sec. 801(g)(2), Nov. 10, 1998, 112 Stat. 3288. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 450 of this title and Tables.
    Section 1128A of the Education Amendments of 1978, referred to in 
subsec. (e), means section 1128A of Pub. L. 95-561, which was classified 
to section 2008A of this title, prior to the general amendment of 
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 a 
new section 1128 of Pub. L. 95-561, relating to administrative cost 
grants, which is classified to section 2008 of this title.
    The Equal Access to Justice Act, referred to in subsec. (e), is 
title II of Pub. L. 96-481, Oct. 21, 1980, 94 Stat. 2325, as amended. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 504 of Title 5, Government Organization and 
Employees, and Tables.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-382, Sec. 382(d), amended heading and 
text of subsec. (a) generally. Prior to amendment, text read as follows: 
``All provisions of sections 5, 6, 7, 104, 109, and 110 of the Indian 
Self-Determination and Education Assistance Act except those provisions 
pertaining to indirect costs and length of contract, shall apply to 
grants provided under this chapter.''
    Subsec. (e). Pub. L. 103-382, Sec. 382(e)(2), (3), substituted ``an 
administrative cost grant'' for ``the amount of, or payment of, the 
administrative grant'' and inserted at end ``The Equal Access to Justice 
Act shall apply to administrative appeals filed after September 8, 1988, 
by grantees regarding a grant under this chapter, including an 
administrative cost grant.''
    Pub. L. 103-382, Sec. 382(e)(1), which directed substitution of ``a 
grant authorized to be made pursuant to this chapter or any amendment to 
such grant,'' for ``the amount of a grant under section 2504 of this 
title (and the amount of any funds referred to in that section), and 
payments to be made under section 2507 of this title,'', was executed by 
making the substitution in text which contained the words ``any 
payments'' rather than ``and payments'' to reflect the probable intent 
of Congress.
    1990--Subsec. (a). Pub. L. 101-301 substituted ``104'' for ``105''.
    1988--Subsec. (b)(3). Pub. L. 100-427, Sec. 14(1), added par. (3).
    Subsecs. (d), (e). Pub. L. 100-427, Sec. 14(2), added subsecs. (d) 
and (e).


         Elections Conveyed to Secretary Prior to August 1, 1988

    Any election under subsec. (b)(1) of this section conveyed to the 
Secretary prior to Aug. 1, 1988, effective for the fiscal year beginning 
on October 1, 1988, and thereafter, see section 6303(b)(8) of Pub. L. 
100-297, set out as an Effective Date of 1988 Amendment note under 
section 1071 of Title 20, Education.

                  Section Referred to in Other Sections

    This section is referred to in sections 2504, 2506 of this title.
