1995 US Code
Title 25 - INDIANS
CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS
Sec. 2006 - Bureau of Indian Affairs education functions

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§2006. Bureau of Indian Affairs education functions (a) Formulation and establishment of policy and procedure; supervision of programs and expenditures

The Secretary shall vest in the Assistant Secretary for Indian Affairs all functions with respect to formulation and establishment of policy and procedure, and supervision of programs and expenditures of Federal funds for the purpose of Indian education administered by the Bureau. The Assistant Secretary shall carry out such functions through the Director of the Office of Indian Education.

(b) Direction and supervision of personnel operations

The Director of the Office shall direct and supervise the operations of all personnel directly and substantially involved with provision of education services by the Bureau, including school or institution custodial or maintenance personnel. The Assistant Secretary for Indian Affairs shall provide for the adequate coordination between the affected Bureau Offices and the Office to facilitate the consideration of all contract functions relating to education. Except as required by section 2009 of this title, nothing in this Act shall be construed to require the provision of separate support services for Indian education.

(c) Evaluation of programs; services and support functions; technical and coordinating assistance

Education personnel who are under the direction and supervision of the Director of the Office in accordance with the first sentence of subsection (b) of this section shall—

(1) monitor and evaluate Bureau education programs,

(2) provide all services and support functions for education programs with respect to personnel matters involving staffing actions and functions, and

(3) provide technical and coordinating assistance in areas such as procurement, contracting, budgeting, personnel, and curriculum.

(d) Construction and improvement of facilities; operation and maintenance of facilities

(1) The Assistant Secretary shall submit in the annual Budget a plan—

(A) for school facilities to be constructed under the system required by section 2005(c) of this title;

(B) for establishing priorities among projects and for the improvement and repair of education facilities, which together shall form the basis for the distribution of appropriated funds; and

(C) including a 5-year plan for capital improvements.

(2)(A) The Assistant Secretary shall establish a program, including the distribution of appropriated funds, for the operation and maintenance of education facilities. Such program shall include—

(i) a method of computing the amount necessary for each education facility;

(ii) similar treatment of all Bureau funded schools;

(iii) a notice of an allocation of appropriated funds from the Director of the Office directly to the appropriate education line officers; and

(iv) a system for the conduct of routine preventive maintenance.

(B) The appropriate education line officers shall make arrangements for the maintenance of education facilities with the local supervisors of the Bureau maintenance personnel who are under the authority of the agency superintendent or area directors, respectively. The local supervisors of Bureau maintenance personnel shall take appropriate action to implement the decisions made by the appropriate education line officers, except that no funds under this chapter may be authorized for expenditure unless such appropriate education line officer is assured that the necessary maintenance has been, or will be, provided in a reasonable manner. Subject to the requirements of subsection (b) of this section, nothing in this Act shall be construed to require the provision of separate operations and maintenance personnel for the Office.

(3) The requirements of this subsection shall be implemented not later than July 1, 1995.

(e) Acceptance of gifts and bequests

Notwithstanding any other provision of law, the Director shall promulgate guidelines for the establishment of mechanisms for the acceptance of gifts and bequests for the use of, and benefit of, particular schools or designated Bureau operated education programs, including, where appropriate, the establishment and administration of trust funds. When a Bureau operated program is the beneficiary of such a gift or bequest, the Director shall make provisions for monitoring its use, and shall report to the appropriate committees of Congress the amount and terms of such gift or bequest, the use to which such gift or bequest is put, and any positive results achieved by such action.

(f) “Functions” defined

For the purpose of this section the term “functions” includes powers and duties.

(Pub. L. 95–561, title XI, §1126, as added Pub. L. 103–382, title III, §381, Oct. 20, 1994, 108 Stat. 3988.)

References in Text

This Act, referred to in subsecs. (b) and (d)(2)(B), means Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as the Education Amendments of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20, Education, and Tables.

Prior Provisions

A prior section 2006, Pub. L. 95–561, title XI, §1126, Nov. 1, 1978, 92 Stat. 2319; Pub. L. 96–46, §2(b)(6), Aug. 6, 1979, 93 Stat. 341; Pub. L. 98–511, title V, §504, Oct. 19, 1984, 98 Stat. 2393; Pub. L. 99–89, §4, Aug. 15, 1985, 99 Stat. 381; Pub. L. 100–427, §1(c)(3), Sept. 9, 1988, 102 Stat. 1603, related to Bureau of Indian Affairs education functions, prior to the general amendment of this chapter by Pub. L. 103–382.

Section Referred to in Other Sections

This section is referred to in sections 2019, 2504 of this title.