1995 US Code
Title 25 - INDIANS
CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS
Sec. 2503 - Grants authorized

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§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.

(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) 0,000 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—

(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.

(Pub. L. 100–297, title V, §5204, Apr. 28, 1988, 102 Stat. 386; Pub. L. 100–427, §10(a), (b), Sept. 9, 1988, 102 Stat. 1607; Pub. L. 102–119, §26(f), Oct. 7, 1991, 105 Stat. 607; Pub. L. 103–382, title III, §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 (§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 (§2001 et seq.) of this title, by Pub. L. 103–382, title III, §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, §101, Oct. 20, 1994, 108 Stat. 3519. Title I of the Act is classified generally to subchapter I (§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 (§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, §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, §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; title 20 section 5895.

1 See References in Text note below.

2 So in original. Probably should be “a”.

3 See References in Text note below.