§ 2006. — Bureau of Indian Affairs education functions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2006]
TITLE 25--INDIANS
CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
Sec. 2006. Bureau of Indian Affairs education functions
(a) Formulation and establishment of policy and procedure; supervision
of programs and expenditures
The Secretary shall vest in the Assistant Secretary for Indian
Affairs all functions with respect to formulation and establishment of
policy and procedure and supervision of programs and expenditures of
Federal funds for the purpose of Indian education administered by the
Bureau. The Assistant Secretary shall carry out such functions through
the Director of the Office of Indian Education Programs.
(b) Direction and supervision of personnel operations
(1) In general
Not later than 180 days after January 8, 2002, the Director of
the Office shall direct and supervise the operations of all
personnel directly and substantially involved in the provision of
education program services by the Bureau, including school or
institution custodial or maintenance personnel, and personnel
responsible for contracting, procurement, and finance functions
connected with school operation programs.
(2) Transfers
The Assistant Secretary for Indian Affairs shall, not later than
180 days after January 8, 2002, coordinate the transfer of functions
relating to procurements for, contracts of, operation of, and
maintenance of schools and other support functions to the Director.
(c) Inherent Federal function
For purposes of this Act, all functions relating to education that
are located at the Area or Agency level and performed by an education
line officer shall be subject to contract under the Indian Self-
Determination and Education Assistance Act [25 U.S.C. 450 et seq.],
unless determined by the Secretary to be inherently Federal functions as
defined in section 2021(12) of this title.
(d) Evaluation of programs; services and support functions; technical
and coordinating assistance
Education personnel who are under the direction and supervision of
the Director of the Office of Indian Education Programs in accordance
with subsection (b)(1) of this section shall--
(1) monitor and evaluate Bureau education programs;
(2) provide all services and support functions for education
programs with respect to personnel matters involving staffing
actions and functions; and
(3) provide technical and coordinating assistance in areas such
as procurement, contracting, budgeting, personnel, curriculum, and
operation and maintenance of school facilities.
(e) Construction, improvement, operation, and maintenance of facilities
(1) Plan for construction
The Assistant Secretary shall submit as part of the annual
budget a plan--
(A) for school facilities to be constructed under section
2005(c) of this title;
(B) for establishing priorities among projects and for the
improvement and repair of educational facilities, which together
shall form the basis for the distribution of appropriated funds;
and
(C) for capital improvements to be made over the 5
succeeding years.
(2) Program for operation and maintenance
(A) Establishment
The Assistant Secretary shall establish a program, including
the distribution of appropriated funds, for the operation and
maintenance of education facilities. Such program shall
include--
(i) a method of computing the amount necessary for each
educational facility;
(ii) similar treatment of all Bureau-funded schools;
(iii) a notice of an allocation of appropriated funds
from the Director of the Office of Indian Education Programs
directly to the education line officers and appropriate
school officials;
(iv) a method for determining the need for, and priority
of, facilities repair and maintenance projects, both major
and minor (to be determined, through the conduct by the
Assistant Secretary, of a series of meetings at the agency
and area level with representatives of the Bureau-funded
schools in those areas and agencies to receive comment on
the lists and prioritization of such projects); and
(v) a system for the conduct of routine preventive
maintenance.
(B) Local supervisors
The appropriate education line officers shall make
arrangements for the maintenance of education facilities with
the local supervisors of the Bureau maintenance personnel. The
local supervisors of Bureau maintenance personnel shall take
appropriate action to implement the decisions made by the
appropriate education line officers, except that no funds under
this chapter may be authorized for expenditure unless such
appropriate education line officer is assured that the necessary
maintenance has been, or will be, provided in a reasonable
manner.
(3) Implementation
This subsection shall be implemented as soon as practicable
after January 8, 2002.
(f) Acceptance of gifts and bequests
(1) Guidelines
Notwithstanding any other provision of law, the Director of the
Office shall promulgate guidelines for the establishment and
administration of mechanisms for the acceptance of gifts and
bequests for the use and benefit of particular schools or designated
Bureau-operated education programs, including, in appropriate cases,
the establishment and administration of trust funds.
(2) Monitoring and reports
Except as provided in paragraph (3), in a case in which a
Bureau-operated education program is the beneficiary of such a gift
or bequest, the Director shall--
(A) make provisions for monitoring use of the gift or
bequest; and
(B) submit a report to the appropriate committees of
Congress that describes the amount and terms of such gift or
bequest, the manner in which such gift or bequest shall be used,
and any results achieved by such use.
(3) Exception
The requirements of paragraph (2) shall not apply in the case of
a gift or bequest that is valued at $5,000 or less.
(g) Definition of functions
For the purpose of this section, the term ``functions'' includes
powers and duties.
(Pub. L. 95-561, title XI, Sec. 1126, as added Pub. L. 107-110, title X,
Sec. 1042, Jan. 8, 2002, 115 Stat. 2026.)
References in Text
This Act, referred to in subsec. (c), means Pub. L. 95-561, Nov. 1,
1978, 92 Stat. 2143, as amended, known as the Education Amendments of
1978. 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. (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.
Prior Provisions
A prior section 2006, Pub. L. 95-561, title XI, Sec. 1126, as added
Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 3988,
related to Bureau of Indian Affairs education functions, prior to the
general amendment of this chapter by Pub. L. 107-110.
Another prior section 2006, Pub. L. 95-561, title XI, Sec. 1126,
Nov. 1, 1978, 92 Stat. 2319; Pub. L. 96-46, Sec. 2(b)(6), Aug. 6, 1979,
93 Stat. 341; Pub. L. 98-511, title V, Sec. 504, Oct. 19, 1984, 98 Stat.
2393; Pub. L. 99-89, Sec. 4, Aug. 15, 1985, 99 Stat. 381; Pub. L. 100-
427, Sec. 1(c)(3), Sept. 9, 1988, 102 Stat. 1603, related to Bureau of
Indian Affairs education functions, prior to the general amendment of
this chapter by Pub. L. 103-382.
Section Referred to in Other Sections
This section is referred to in sections 2021, 2503 of this title.
