§ 2507. — Payment of grants; investment of funds.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2507]
TITLE 25--INDIANS
CHAPTER 27--TRIBALLY CONTROLLED SCHOOL GRANTS
Sec. 2507. Application with respect to Indian Self-Determination
and Education Assistance Act
(a) Certain provisions to apply to grants
The following provisions of the Indian Self-Determination and
Education Assistance Act [25 U.S.C. 450 et seq.] (and any subsequent
revisions thereto or renumbering thereof), shall apply to grants
provided under this chapter:
(1) Section 5(f) [25 U.S.C. 450c(f)] (relating to single agency
audit).
(2) Section 6 [25 U.S.C. 450d] (relating to criminal activities;
penalties).
(3) Section 7 [25 U.S.C. 450e] (relating to wage and labor
standards).
(4) Section 104 [25 U.S.C. 450i] (relating to retention of
Federal employee coverage).
(5) Section 105(f) [25 U.S.C. 450j(f)] (relating to Federal
property).
(6) Section 105(k) [25 U.S.C. 450j(k)] (relating to access to
Federal sources of supply).
(7) Section 105(l) [25 U.S.C. 450j(l)] (relating to lease of
facility used for administration and delivery of services).
(8) Section 106(f) [25 U.S.C. 450j-1(f)] (relating to limitation
on remedies relating to cost allowances).
(9) Section 106(j) [25 U.S.C. 450j-1(j)] (relating to use of
funds for matching or cost participation requirements).
(10) Section 106(k) [25 U.S.C. 450j-1(k)] (relating to allowable
uses of funds).
(11) Section 108(c) [25 U.S.C. 450l(c)] (Model Agreements
provisions (1)(a)(5) \1\ (relating to limitations of costs),
(1)(a)(7) \2\ (relating to records and monitoring), (1)(a)(8) \3\
(relating to property), and (a)(1)(9) \4\ (relating to availability
of funds).\5\
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\1\ So in original. Probably should be ``1(b)(5)''.
\2\ So in original. Probably should be ``1(b)(7)''.
\3\ So in original. Probably should be ``1(b)(8)''.
\4\ So in original. Probably should be ``1(b)(9)''.
\5\ So in original. There probably should be a second closing
parenthesis.
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(12) Section 109 [25 U.S.C. 450m] (relating to reassumption).
(13) Section 111 [25 U.S.C. 450n] (relating to sovereign
immunity and trusteeship rights unaffected).
(b) Election for grant in lieu of contract
(1) In general
Contractors for activities to which this chapter applies who
have entered into a contract under the Indian Self-Determination and
Education Assistance Act [25 U.S.C. 450 et seq.] that is in effect
on January 8, 2002, may, by giving notice to the Secretary, elect to
have the provisions of this chapter apply to such activity in lieu
of such contract.
(2) Effective date of election
Any election made under paragraph (1) shall take effect on the
first day of July immediately following the date of such election.
(3) Exception
In any case in which the first day of July immediately following
the date of an election under paragraph (1) is less than 60 days
after such election, such election shall not take effect until the
first day of July of \6\ year following the year in which the
election is made.
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\6\ So in original. Probably should be followed by ``the''.
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(c) No duplication
No funds may be provided under any contract entered into under the
Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et
seq.] to pay any expenses incurred in providing any program or services
if a grant has been made under this chapter to pay such expenses.
(d) Transfers and carryovers
(1) Buildings, equipment, supplies, materials
A tribe or tribal organization assuming the operation of--
(A) a Bureau school with assistance under this chapter shall
be entitled to the transfer or use of buildings, equipment,
supplies, and materials to the same extent as if it were
contracting under the Indian Self-Determination and Education
Assistance Act [25 U.S.C. 450 et seq.]; or
(B) a contract school with assistance under this chapter
shall be entitled to the transfer or use of buildings,
equipment, supplies, and materials that were used in the
operation of the contract school to the same extent as if it
were contracting under the Indian Self-Determination and
Education Assistance Act.
(2) Funds
Any tribe or tribal organization which assumes operation of a
Bureau school with assistance under this chapter and any tribe or
tribal organization which elects to operate a school with assistance
under this chapter rather that \7\ to continue as a contract school
shall be entitled to any funds which would carryover from the
previous fiscal year as if such school were operated as a contract
school.
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\7\ So in original. Probably should be ``than''.
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(3) Funding for school improvement
Any tribe or tribal organization that assumes operation of a
Bureau school or a contract school with assistance under this
chapter shall be eligible for funding for the improvement,
alteration, replacement, and repair of facilities to the same extent
as a Bureau school.
(e) Exceptions, problems, and disputes
Any exception or problem cited in an audit conducted pursuant to
section 2505(b)(1) of this title, any dispute regarding a grant
authorized to be made pursuant to this chapter or any amendment to such
grant, and any dispute involving an administrative cost grant under
section 2008 of this title shall be administered under the provisions
governing such exceptions, problems, or disputes in the case of
contracts under the Indian Self-Determination and Education Assistance
Act [25 U.S.C. 450 et seq.]. The Equal Access to Justice Act shall apply
to administrative appeals filed after September 8, 1988, by grantees
regarding a grant under this chapter, including an administrative cost
grant.
(Pub. L. 100-297, title V, Sec. 5208, as added Pub. L. 107-110, title X,
Sec. 1043, Jan. 8, 2002, 115 Stat. 2076.)
References in Text
The Indian Self-Determination and Education Assistance Act, referred
to in text, 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 Equal Access to Justice Act, referred to in subsec. (e), is
title II of Pub. L. 96-481, Oct. 21, 1980, 94 Stat. 2325, as amended.
For complete classification of this Act to the Code, see Short Title
note set out under section 504 of Title 5, Government Organization and
Employees, and Tables.
Prior Provisions
A prior section 2507, Pub. L. 100-297, title V, Sec. 5208, Apr. 28,
1988, 102 Stat. 393; Pub. L. 100-427, Sec. 13, Sept. 9, 1988, 102 Stat.
1609; Pub. L. 103-382, title III, Sec. 382(c), Oct. 20, 1994, 108 Stat.
4017, related to payment of grants and investment of funds, prior to
repeal by Pub. L. 107-110, title X, Sec. 1043, Jan. 8, 2002, 115 Stat.
2063. See section 2506 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 2503, 2505 of this title;
title 20 section 7221c.
