25 U.S.C. § 2502
The Secretary shall provide grants to Indian tribes, and tribal organizations that-
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 made.
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 expenditures for-
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 operations 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.
Not more than one grant may be provided under this chapter with respect to any Indian tribe or tribal organization for any fiscal year.
Funds provided under any grant made under this chapter may not be used in connection with religious worship or sectarian instruction.
Funds provided under any grant under this chapter may not be expended for administrative costs (as defined in section 1128(h)(1) of the Education Amendments of 1978 [25 U.S.C. 2008(h)(1)] ) in excess of the amount generated for such costs under section 1128 of such Act.
In the case of a grantee that operates schools at more than one school site, the grantee may expend at any school site operated by the grantee not more than the lesser of-
For purposes of this subsection, the term "school site" means the physical location and the facilities of an elementary or secondary educational or residential program operated by, or under contract or grant with, the Bureau for which a discreet 1 student count is identified under the funding formula established under section 1127 of the Education Amendments of 1978 [25 U.S.C. 2007] .
Nothing in this chapter may be construed-
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.
Grants provided under this chapter shall not terminate, modify, suspend, or reduce the responsibility of the Federal Government to provide a program.
Whenever a 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 that is not later than 120 days after the date on which the tribal governing body requests the retrocession. A later date may be specified if 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-operated school or as a school operated under contract under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 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-
Grants provided under this chapter may not be terminated, modified, suspended, or reduced solely for the convenience of the administering agency.
1 So in original. Probably should be "discrete".
25 U.S.C. § 2502
EDITORIAL NOTES
REFERENCES IN TEXTThe Education Amendments of 1978, referred to in subsecs. (a)(1)(A) and (f)(3)(B), is Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2143. Title XI of the Act is classified principally to chapter 22 (§2000 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under section 6301 of Title 20, Education, and Tables.The Indian Self-Determination and Education Assistance Act, referred to in subsec. (f)(2), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
PRIOR PROVISIONSA prior section 2502, Pub. L. 100-297, title V, §5203, Apr. 28, 1988, 102 Stat. 385, set forth declaration of policy, prior to repeal by Pub. L. 107-110, title X, §10431043,, 115 Stat. 2063. See section 2501 of this title.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATESection effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107-110 set out as a note under section 6301 of Title 20, Education.
- Bureau
- The term "Bureau" means the Bureau of Indian Affairs of the Department of the Interior.
- Indian tribe
- The term "Indian tribe" means any Indian tribe, band, nation, or other organized group or community, including an Alaska Native Village Corporation or Regional Corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
- Indian
- The term "Indian" means a member of an Indian tribe, and includes individuals who are eligible for membership in a tribe, and the child or grandchild of such an individual.
- Secretary
- The term "Secretary" means the Secretary of the Interior.
- tribal governing body
- The term "tribal governing body" means, with respect to any school that receives assistance under this Act,1 the recognized governing body of the Indian tribe involved.
- tribally controlled school
- The term "tribally controlled school" means a school that-(A) is operated by an Indian tribe or a tribal organization, enrolling students in kindergarten through grade 12, including a preschool;(B) is not a local educational agency; and(C) is not directly administered by the Bureau of Indian Affairs.1 See References in Text note below.