
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: 25USC458]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
    SUBCHAPTER II--INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
 
                   Part C--Indian Education Assistance
 
Sec. 458. School construction, acquisition, or renovation 
        contracts
        

(a) Authorization; prerequisites

    The Secretary is authorized to enter into a contract or contracts 
with any State education agency or school district for the purpose of 
assisting such agency or district in the acquisition of sites for, or 
the construction, acquisition, or renovation of facilities (including 
all necessary equipment) in school districts on or adjacent to or in 
close proximity to any Indian reservation or other lands held in trust 
by the United States for Indians, if such facilities are necessary for 
the education of Indians residing on any such reservation or lands.

(b) Eligibility requirements for assistance in federally-affected areas; 
        applicability to projects in determining maximum amount, 
        allocation, of funds, etc.

    The Secretary may expend not less than 75 per centum of such funds 
as are authorized and appropriated pursuant to this section on those 
projects which meet the eligibility requirements under subsections (a) 
and (b) of section 644 \1\ of title 20. Such funds shall be allocated on 
the basis of existing funding priorities, if any, established by the 
Secretary of Education under subsections (a) and (b) of section 644 \1\ 
of title 20. The Secretary of Education is directed to submit to the 
Secretary, at the beginning of each fiscal year, commencing with the 
first full fiscal year after January 4, 1975, a list of those projects 
eligible for funding under subsections (a) and (b) of section 644 \1\ of 
title 20.
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    \1\ See References in Text note below.
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(c) Eligibility of private schools to receive funds; maximum amount

    The Secretary may expend not more than 25 per centum of such funds 
as may be authorized and appropriated pursuant to this section on any 
school eligible to receive funds under section 458d of this title.

(d) Duties of State education agencies pursuant to contracts

    Any contract entered into by the Secretary pursuant to this section 
shall contain provisions requiring the relevant State educational agency 
to--
        (1) provide Indian students attending any such facilities 
    constructed, acquired, or renovated, in whole or in part, from funds 
    made available pursuant to this section with standards of education 
    not less than those provided non-Indian students in the school 
    district in which the facilities are situated; and
        (2) meet, with respect to such facilities, the requirements of 
    the State and local building codes, and other building standards set 
    by the State educational agency or school district for other public 
    school facilities under its jurisdiction or control or by the local 
    government in the jurisdiction within which the facilities are 
    situated.

(e) Advisory consultations by Secretary with affected entities and 
        governing bodies prior to contracts; applicability

    The Secretary shall consult with the entity designated pursuant to 
section 456 of this title, and with the governing body of any Indian 
tribe or tribes the educational opportunity for the members of which 
will be significantly affected by any contract entered into pursuant to 
this section. Such consultation shall be advisory only, but shall occur 
prior to the entering into of any such contract. The foregoing 
provisions of this subsection shall not be applicable where the 
application for a contract pursuant to this section is submitted by an 
elected school board of which a majority of its members are Indians.

(f) Evaluation and report to Congress of effectiveness of construction, 
        etc., programs; scope and content of report

    Within ninety days following the expiration of the three year period 
following January 4, 1975, the Secretary shall evaluate the 
effectiveness of the program pursuant to this section and transmit a 
report of such evaluation to the Congress. Such report shall include--
        (1) an analysis of construction costs and the impact on such 
    costs of the provisions of subsection (f) of this section and the 
    Act of March 3, 1921 (46 Stat. 1491), as amended [40 U.S.C. 276a et 
    seq];
        (2) a description of the working relationship between the 
    Department of the Interior and the Department of Education including 
    any memorandum of understanding in connection with the acquisition 
    of data pursuant to subsection (b) of this section;
        (3) projections of the Secretary of future construction needs of 
    the public schools serving Indian children residing on or adjacent 
    to Indian reservations;
        (4) a description of the working relationship of the Department 
    of the Interior with local or State educational agencies in 
    connection with the contracting for construction, acquisition, or 
    renovation of school facilities pursuant to this section; and
        (5) the recommendations of the Secretary with respect to the 
    transfer of the responsibility for administering subsections (a) and 
    (b) of section 644 \2\ of title 20 from the Department of Education 
    to the Department of the Interior.
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    \2\ See References in Text note below.
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(g) Authorization of appropriations

    For the purpose of carrying out the provisions of this section, 
there is authorized to be appropriated the sum of $35,000,000 for the 
fiscal year ending June 30, 1974; $35,000,000 for each of the four 
succeeding fiscal years; and thereafter, such sums as may be necessary, 
all of such sums to remain available until expended.

(Pub. L. 93-638, title II, Sec. 204, Jan. 4, 1975, 88 Stat. 2214; Pub. 
L. 96-88, title III, Sec. 301, title V, Sec. 507, Oct. 17, 1979, 93 
Stat. 677, 692.)

                       References in Text

    Section 644 of title 20, referred to in subsecs. (b) and (f)(5), was 
repealed by Pub. L. 103-382, title III, Sec. 331(a), Oct. 20, 1994, 108 
Stat. 3965.
    Act of March 3, 1921, referred to in subsec. (f)(1), probably means 
the act of Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, known as 
the Davis-Bacon Act, which is classified generally to sections 276a to 
276a-5 of Title 40, Public Buildings, Property, and Works. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 276a of Title 40 and Tables.

                          Transfer of Functions

    ``Secretary of Education'' substituted for ``United States 
Commissioner of Education'' in subsec. (b), and ``Department of 
Education'' substituted for ``Department of Health, Education, and 
Welfare'' in subsec. (f)(2), (5), pursuant to sections 301 and 507 of 
Pub. L. 96-88, which is classified to sections 3441 and 3507 of Title 
20, Education, and which transferred functions and offices (relating to 
education) of Commissioner of Education and Department of Health, 
Education, and Welfare to Secretary and Department of Education.
