§ 2502. — Declaration of policy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2502]
TITLE 25--INDIANS
CHAPTER 27--TRIBALLY CONTROLLED SCHOOL GRANTS
Sec. 2502. Grants authorized
(a) In general
(1) Eligibility
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. 2000 et seq.] and notify the
Secretary of their election to operate the schools with
assistance under this chapter rather than continuing the schools
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-funded schools with
the assistance under this chapter and submit applications (which
are approved by their tribal governing bodies) to the Secretary
for such grants.
(2) Deposit of funds
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.
(3) Use of funds
(A) In general
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--
(i) school operations, academic, educational,
residential, guidance and counseling, and administrative
purposes; and
(ii) support services for the school, including
transportation.
(B) Exception
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.
(b) Limitations
(1) One grant per tribe or organization per fiscal year
Not more than one grant may be provided under this chapter with
respect to any Indian tribe or tribal organization for any fiscal
year.
(2) Nonsectarian use
Funds provided under any grant made under this chapter may not
be used in connection with religious worship or sectarian
instruction.
(3) Administrative costs limitation
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.
(c) Limitation on transfer of funds among school sites
(1) In general
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--
(A) 10 percent of the funds allocated for another school
site under section 1128 of the Education Amendments of 1978 [25
U.S.C. 2008]; or
(B) $400,000 of the funds allocated for another school site.
(2) Definition of school site
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 student
count is identified under the funding formula established under
section 1127 of the Education Amendments of 1978 [25 U.S.C. 2007].
(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 to apply for, or accept,
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
(1) In general
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.
(2) Status after 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. 450 et seq.].
(3) Transfer of equipment and materials
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--
(A) with assistance under this chapter; or
(B) upon assumption of operation of the program under this
chapter, if the school was a Bureau-funded school under title XI
of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.]
before receiving assistance under this chapter.
(g) Prohibition of termination for administrative convenience
Grants provided under this chapter may not be terminated, modified,
suspended, or reduced solely for the convenience of the administering
agency.
(Pub. L. 100-297, title V, Sec. 5203, as added Pub. L. 107-110, title X,
Sec. 1043, Jan. 8, 2002, 115 Stat. 2064.)
References in Text
The 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, as
amended. Title XI of the Act is classified principally to chapter 22
(Sec. 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, as
amended, which is classified principally to subchapter II (Sec. 450 et
seq.) of chapter 14 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 450 of this
title and Tables.
Prior Provisions
A prior section 2502, Pub. L. 100-297, title V, Sec. 5203, Apr. 28,
1988, 102 Stat. 385, set forth declaration of policy, prior to repeal by
Pub. L. 107-110, title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2063. See
section 2501 of this title.
Effective Date
Section 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.
