§ 2503. — Grants authorized.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2503]
TITLE 25--INDIANS
CHAPTER 27--TRIBALLY CONTROLLED SCHOOL GRANTS
Sec. 2503. Composition of grants
(a) In general
The grant provided under this chapter to an Indian tribe or tribal
organization for any fiscal year shall consist of--
(1) the total amount of funds allocated for such fiscal year
under sections 1127 and 1128 of the Education Amendments of 1978 [25
U.S.C. 2007, 2008] with respect to the tribally controlled schools
eligible for assistance under this chapter which are operated by
such Indian tribe or tribal organization, including, but not limited
to, funds provided under such sections, or under any other provision
of law, for transportation costs;
(2) to the extent requested by such Indian tribe or tribal
organization, the total amount of funds provided from operations and
maintenance accounts and, notwithstanding section 450j of this
title, or any other provision of law, other facilities accounts for
such schools for such fiscal year (including but not limited to
those referenced under section 1126(d) of the Education Amendments
of 1978 [25 U.S.C. 2006(d)] or any other law); and
(3) the total amount of funds that are allocated to such schools
for such fiscal year under--
(A) title I of the Elementary and Secondary Education Act of
1965 [20 U.S.C. 6301 et seq.];
(B) the Individuals with Disabilities Education Act [20
U.S.C. 1400 et seq.]; and
(C) any other Federal education law, that are allocated to
such schools for such fiscal year.\1\
---------------------------------------------------------------------------
\1\ So in original. The words ``, that are allocated to such schools
for such fiscal year'' probably should not appear.
---------------------------------------------------------------------------
(b) Special rules
(1) In general
(A) Applicability of certain laws
Funds allocated to a tribally controlled school by reason of
paragraph (1) or (2) of subsection (a) of this section shall be
subject to the provisions of this chapter and shall not be
subject to any additional restriction, priority, or limitation
that is imposed by the Bureau with respect to funds provided
under--
(i) title I of the Elementary and Secondary Education
Act of 1965 [20 U.S.C. 6301 et seq.];
(ii) the Individuals with Disabilities Education Act [20
U.S.C. 1400 et seq.]; or
(iii) any Federal education law other than title XI of
the Education Amendments of 1978 [25 U.S.C. 2000 et seq.].
(B) Applicability of Bureau provisions
Indian tribes and tribal organizations to which grants are
provided under this chapter, and tribally controlled schools for
which such grants are provided, shall not be subject to any
requirements, obligations, restrictions, or limitations imposed
by the Bureau that would otherwise apply solely by reason of the
receipt of funds provided under any law referred to in clause
(i), (ii), or (iii) of subparagraph (A).
(2) Schools considered contract schools
Tribally controlled schools for which grants are provided under
this chapter shall be treated as contract schools for the purposes
of allocation of funds under sections 1126(e), 1127, and 1128 of the
Education Amendments of 1978 [25 U.S.C. 2006(e), 2007, 2008].
(3) Schools considered Bureau schools
Tribally controlled schools for which grants are provided under
this chapter shall be treated as Bureau schools for the purposes of
allocation of funds provided under--
(A) title I of the Elementary and Secondary Education Act of
1965 [20 U.S.C. 6301 et seq.];
(B) the Individuals with Disabilities Education Act [20
U.S.C. 1400 et seq.]; and
(C) any other Federal education law, that are distributed
through the Bureau.
(4) Accounts; use of certain funds
(A) Separate account
(i) In general
Notwithstanding section 2503(a)(2) \2\ of this title,
with respect to funds from facilities improvement and
repair, alteration and renovation (major or minor), health
and safety, or new construction accounts included in the
grant provided under section 2503(a) \2\ of this title, the
grant recipient shall maintain a separate account for such
funds.
---------------------------------------------------------------------------
\2\ So in original. Probably should be ``2502(a)(2)'' and
``2502(a)''.
---------------------------------------------------------------------------
(ii) Submission of accounting
At the end of the period designated for the work covered
by the funds received, the grant recipient shall submit to
the Secretary a separate accounting of the work done and the
funds expended.
(iii) Use of funds
Funds received from those accounts may only be used for
the purpose for which the funds were appropriated and for
the work encompassed by the application or submission for
which the funds were received.
(iv) Completion of project
Upon completion of a project for which a separate
account is established under this paragraph, the portion of
the grant related to such project may be closed out upon
agreement by the grantee and the Secretary.
(B) Requirements for projects
(i) Regulatory requirements
With respect to a grant to a tribally controlled school
under this chapter for new construction or facilities
improvements and repair in excess of $100,000, such grant
shall be subject to the Administrative and Audit
Requirements and Cost Principles for Assistance Programs
contained in part 12 of title 43, Code of Federal
Regulations.
(ii) Exception
Notwithstanding clause (i), grants described in such
clause shall not be subject to section 12.61 of title 43,
Code of Federal Regulations. The Secretary and the grantee
shall negotiate and determine a schedule of payments for the
work to be performed.
(iii) Applications
In considering applications for a grant described in
clause (i), the Secretary shall consider whether the Indian
tribe or tribal organization involved would be deficient in
ensuring that the construction projects under the proposed
grant conform to applicable building standards and codes and
Federal, tribal, or State health and safety standards as
required under section 1124 of the Education Amendments of
1978 (25 U.S.C. 2005(a)) \3\ with respect to organizational
and financial management capabilities.
---------------------------------------------------------------------------
\3\ See References in Text note below.
---------------------------------------------------------------------------
(iv) Disputes
Any disputes between the Secretary and any grantee
concerning a grant described in clause (i) shall be subject
to the dispute provisions contained in section 2508(e) \4\
of this title.
---------------------------------------------------------------------------
\4\ So in original. Probably should be section ``2507(e)''.
---------------------------------------------------------------------------
(C) New construction
Notwithstanding subparagraph (A), a school receiving a grant
under this chapter for facilities improvement and repair may use
such grant funds for new construction if the tribal governing
body or tribal organization that submits the application for the
grant provides funding for the new construction equal to at
least 25 percent of the total cost of such new construction.
(D) Period
In a case in which the appropriations measure under which
the funds described in subparagraph (A) are made available or
the application submitted for the funds does not stipulate a
period for the work covered by the funds, the Secretary and the
grant recipient shall consult and determine such a period prior
to the transfer of the funds. A period so determined may be
extended upon mutual agreement of the Secretary and the grant
recipient.
(5) Enforcement of request to include funds
(A) In general
If the Secretary fails to carry out a request filed by an
Indian tribe or tribal organization to include in such tribe \5\
or organization's grant under this chapter the funds described
in subsection (a)(2) of this section within 180 days after the
filing of the request, the Secretary shall--
---------------------------------------------------------------------------
\5\ So in original. Probably should be ``tribe's''.
---------------------------------------------------------------------------
(i) be deemed to have approved such request; and
(ii) immediately upon the expiration of such 180-day
period amend the grant accordingly.
(B) Rights
A tribe or organization described in subparagraph (A) may
enforce its rights under subsection (a)(2) of this section and
this paragraph, including rights relating to any denial or
failure to act on such tribe's or organization's request,
pursuant to the dispute authority described in section 2508(e)
\4\ of this title.
(Pub. L. 100-297, title V, Sec. 5204, as added Pub. L. 107-110, title X,
Sec. 1043, Jan. 8, 2002, 115 Stat. 2066.)
References in Text
The Elementary and Secondary Education Act of 1965, referred to in
subsecs. (a)(3)(A) and (b)(1)(A)(i), (3)(A), is Pub. L. 89-10, Apr. 11,
1965, 79 Stat. 27. Title I of the Act is classified generally to
subchapter I (Sec. 6301 et seq.) of chapter 70 of Title 20, Education.
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
subsecs. (a)(3)(B) and (b)(1)(A)(ii), (3)(B), is title VI of Pub. L. 91-
230, Apr. 13, 1970, 84 Stat. 175, as amended, which is classified
generally to chapter 33 (Sec. 1400 et seq.) of Title 20, Education. For
complete classification of this Act to the Code, see section 1400 of
Title 20 and Tables.
The Education Amendments of 1978, referred to in subsec.
(b)(1)(A)(iii), 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 note set out under section 6301 of
Title 20, Education, and Tables.
Section 1124 of the Education Amendments of 1978 (25 U.S.C.
2005(a)), referred to in subsec. (b)(4)(B)(iii), probably should be
section 1125 of the Education Amendments of 1978, Pub. L. 95-561, which
is classified to section 2005 of this title and requires, in subsec.
(b), compliance with health and safety standards. Section 1124 of Pub.
L. 95-561, which is classified to section 2004 of this title, relates to
school boundaries.
Prior Provisions
A prior section 2503, Pub. L. 100-297, title V, Sec. 5204, Apr. 28,
1988, 102 Stat. 386; Pub. L. 100-427, Sec. 10(a), (b), Sept. 9, 1988,
102 Stat. 1607; Pub. L. 102-119, Sec. 26(f), Oct. 7, 1991, 105 Stat.
607; Pub. L. 103-382, title III, Sec. 394(m)(1), Oct. 20, 1994, 108
Stat. 4029, authorized grants, prior to repeal by Pub. L. 107-110, title
X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2063. See section 2502 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.
Section Referred to in Other Sections
This section is referred to in section 2007 of this title.
