§ 2504. — Composition of grants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2504]
TITLE 25--INDIANS
CHAPTER 27--TRIBALLY CONTROLLED SCHOOL GRANTS
Sec. 2504. Eligibility for grants
(a) Rules
(1) In general
A tribally controlled school is eligible for assistance under
this chapter if the school--
(A) on April 28, 1988, was a contract school under title XI
of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.] and
the tribe or tribal organization operating the school submits to
the Secretary a written notice of election to receive a grant
under this chapter;
(B) was a Bureau-operated school under title XI of the
Education Amendments of 1978 [25 U.S.C. 2000 et seq.] and has
met the requirements of subsection (b) of this section;
(C) is a school for which the Bureau has not provided funds,
but which has met the requirements of subsection (c) of this
section; or
(D) is a school with respect to which an election has been
made under paragraph (2) and which has met the requirements of
subsection (b) of this section.
(2) New schools
Any application which has been submitted under the Indian Self-
Determination and Education Assistance Act [25 U.S.C. 450 et seq.]
by an Indian tribe for a school which is not in operation on January
8, 2002, shall be reviewed under the guidelines and regulations for
applications submitted under the Indian Self-Determination and
Education Assistance Act that were in effect at the time the
application was submitted, unless the Indian tribe or tribal
organization elects to have the application reviewed under the
provisions of subsection (b) of this section.
(b) Additional requirements for Bureau-funded schools and certain
electing schools
(1) Bureau-funded schools
A school that was a Bureau-funded school under title XI of the
Education Amendments of 1978 [25 U.S.C. 2000 et seq.] on January 8,
2002, and any school with respect to which an election is made under
subsection (a)(2) of this section, meets the requirements of this
subsection if--
(A) the Indian tribe or tribal organization that operates,
or desires to operate, the school submits to the Secretary an
application requesting that the Secretary--
(i) transfer operation of the school to the Indian tribe
or tribal organization, if the Indian tribe or tribal
organization is not already operating the school; and
(ii) make a determination as to whether the school is
eligible for assistance under this chapter; and
(B) the Secretary makes a determination that the school is
eligible for assistance under this chapter.
(2) Certain electing schools
(A) In general
By not later than the date that is 120 days after the date
on which an application is submitted to the Secretary under
paragraph (1)(A), the Secretary shall determine--
(i) in the case of a school which is not being operated
by the Indian tribe or tribal organization, whether to
transfer operation of the school to the Indian tribe or
tribal organization; and
(ii) whether the school is eligible for assistance under
this chapter.
(B) Other determinations
In considering applications submitted under paragraph
(1)(A), the Secretary--
(i) shall transfer operation of the school to the Indian
tribe or tribal organization, if the tribe or tribal
organization is not already operating the school; and
(ii) shall determine that the school is eligible for
assistance under this chapter, unless the Secretary finds by
clear and convincing evidence that the services to be
provided by the Indian tribe or tribal organization will be
deleterious to the welfare of the Indians served by the
school.
(C) Considerations
In considering applications submitted under paragraph
(1)(A), the Secretary shall consider whether the Indian tribe or
tribal organization would be deficient in operating the school
with respect to--
(i) equipment;
(ii) bookkeeping and accounting procedures;
(iii) ability to adequately manage a school; or
(iv) adequately trained personnel.
(c) Additional requirements for a school which is not a Bureau-funded
school
(1) In general
A school which is not a Bureau-funded school under title XI of
the Education Amendments of 1978 [25 U.S.C. 2000 et seq.] meets the
requirements of this subsection if--
(A) the Indian tribe or tribal organization that operates,
or desires to operate, the school submits to the Secretary an
application requesting a determination by the Secretary as to
whether the school is eligible for assistance under this
chapter; and
(B) the Secretary makes a determination that a school is
eligible for assistance under this chapter.
(2) Deadline for determination by Secretary
(A) In general
By not later than the date that is 180 days after the date
on which an application is submitted to the Secretary under
paragraph (1)(A), the Secretary shall determine whether the
school is eligible for assistance under this chapter.
(B) Considerations
In making the determination under subparagraph (A), the
Secretary shall give equal consideration to each of the
following factors:
(i) With respect to the applicant's proposal--
(I) the adequacy of facilities or the potential to
obtain or provide adequate facilities;
(II) geographic and demographic factors in the
affected areas;
(III) adequacy of the applicant's program plans;
(IV) geographic proximity of comparable public
education; and
(V) the needs as expressed by all affected parties,
including but not limited to students, families, tribal
governments at both the central and local levels, and
school organizations.
(ii) With respect to all education services already
available--
(I) geographic and demographic factors in the
affected areas;
(II) adequacy and comparability of programs already
available;
(III) consistency of available programs with tribal
education codes or tribal legislation on education; and
(IV) the history and success of these services for
the proposed population to be served, as determined from
all factors including, if relevant, standardized
examination performance.
(C) Geographic proximity
The Secretary may not make a determination under this
paragraph that is primarily based upon the geographic proximity
of comparable public education.
(D) Other information
Applications submitted under paragraph (1)(A) shall include
information on the factors described in subparagraph (B)(i), but
the applicant may also provide the Secretary such information
relative to the factors described in subparagraph (B)(ii) as the
applicant considers appropriate.
(E) Deadline
If the Secretary fails to make a determination under
subparagraph (A) with respect to an application within 180 days
after the date on which the Secretary received the application,
the Secretary shall be treated as having made a determination
that the tribally controlled school is eligible for assistance
under the title \1\ and the grant shall become effective 18
months after the date on which the Secretary received the
application, or on an earlier date, at the Secretary's
discretion.
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\1\ See References in Text note below.
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(d) Filing of applications and reports
(1) In general
All applications and reports submitted to the Secretary under
this chapter, and any amendments to such applications or reports,
shall be filed with the education line officer designated by the
Director of the Office of Indian Education Programs of the Bureau of
Indian Affairs. The date on which such filing occurs shall, for
purposes of this chapter, be treated as the date on which the
application or amendment was submitted to the Secretary.
(2) Supporting documentation
Any application that is submitted under this chapter shall be
accompanied by a document indicating the action taken by the tribal
governing body in authorizing such application.
(e) Effective date for approved applications
Except as provided by subsection (c)(2)(E) of this section, a grant
provided under this chapter, and any transfer of the operation of a
Bureau school made under subsection (b) of this section, shall become
effective beginning the academic year succeeding the fiscal year in
which the application for the grant or transfer is made, or at an
earlier date determined by the Secretary.
(f) Denial of applications
(1) In general
Whenever the Secretary refuses to approve a grant under this
chapter, to transfer operation of a Bureau school under subsection
(b) of this section, or determines that a school is not eligible for
assistance under this chapter, the Secretary shall--
(A) state the objections in writing to the tribe or tribal
organization within the allotted time;
(B) provide assistance to the tribe or tribal organization
to overcome all stated objections;
(C) at the request of the tribe or tribal organization,
provide the tribe or tribal organization a hearing on the record
under the same rules and regulations that apply under the Indian
Self-Determination and Education Assistance Act [25 U.S.C. 450
et seq.]; and
(D) provide an opportunity to appeal the objection raised.
(2) Timeline for reconsideration of amended applications
The Secretary shall reconsider any amended application submitted
under this chapter within 60 days after the amended application is
submitted to the Secretary.
(g) Report
The Bureau shall submit an annual report to the Congress on all
applications received, and actions taken (including the costs associated
with such actions), under this section at the same time that the
President is required to submit to Congress the budget under section
1105 of title 31.
(Pub. L. 100-297, title V, Sec. 5205, as added Pub. L. 107-110, title X,
Sec. 1043, Jan. 8, 2002, 115 Stat. 2068.)
References in Text
The Education Amendments of 1978, referred to in subsecs. (a)(1)(A),
(B), (b)(1), and (c)(1), 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 subsecs. (a)(2) and (f)(1)(C), 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.
The title, referred to in subsec. (c)(2)(E), 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.
Prior Provisions
A prior section 2504, Pub. L. 100-297, title V, Sec. 5205, Apr. 28,
1988, 102 Stat. 387; Pub. L. 100-427, Sec. 10(c), Sept. 9, 1988, 102
Stat. 1608; Pub. L. 101-301, Sec. 5(g), May 24, 1990, 104 Stat. 209;
Pub. L. 102-119, Sec. 26(f), Oct. 7, 1991, 105 Stat. 607; Pub. L. 103-
382, title III, Secs. 382(a), (b), 394(m)(2), Oct. 20, 1994, 108 Stat.
4017, 4029, related to composition of grants, prior to repeal by Pub. L.
107-110, title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2063. See section
2503 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 sections 2502, 2505 of this title.
