§ 2007. — Allotment formula.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2007]
TITLE 25--INDIANS
CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
Sec. 2007. Allotment formula
(a) Factors considered; revision to reflect standards
(1) Formula
The Secretary shall establish, by regulation adopted in
accordance with section 2017 of this title, a formula for
determining the minimum annual amount of funds necessary to sustain
each Bureau-funded school. In establishing such formula, the
Secretary shall consider--
(A) the number of eligible Indian students served and total
student population of the school;
(B) special cost factors, such as--
(i) the isolation of the school;
(ii) the need for special staffing, transportation, or
educational programs;
(iii) food and housing costs;
(iv) maintenance and repair costs associated with the
physical condition of the educational facilities;
(v) special transportation and other costs of isolated
and small schools;
(vi) the costs of home-living (dormitory) arrangements,
where determined necessary by a tribal governing body or
designated school board;
(vii) costs associated with greater lengths of service
by education personnel;
(viii) the costs of therapeutic programs for students
requiring such programs; and
(ix) special costs for gifted and talented students;
(C) the cost of providing academic services which are at
least equivalent to those provided by public schools in the
State in which the school is located;
(D) whether the available funding will enable the school
involved to comply with the accreditation standards applicable
to the school under section 2001 of this title; and
(E) such other relevant factors as the Secretary determines
are appropriate.
(2) Revision of formula
(A) In general
Upon the establishment of the standards required in section
2002 of this title, the Secretary shall revise the formula
established under this subsection to reflect the cost of funding
such standards.
(B) Review of formula
Not later than January 1, 2003, the Secretary shall review
the formula established under this section and shall take such
steps as are necessary to increase the availability of
counseling and therapeutic programs for students in off-
reservation home-living (dormitory) schools and other Bureau-
operated residential facilities.
(C) Review of standards
Concurrent with such action, the Secretary shall review the
standards established under section 2002 of this title to be
certain that adequate provision is made for parental
notification regarding, and consent for, such counseling and
therapeutic programs.
(b) Pro rata allotment
Notwithstanding any other provision of law, Federal funds
appropriated for the general local operation of Bureau-funded schools
shall be allotted pro rata in accordance with the formula established
under subsection (a) of this section.
(c) Annual adjustment; reservation of amount for school board activities
(1) Annual adjustment
For fiscal year 2003, and for each subsequent fiscal year, the
Secretary shall adjust the formula established under subsection (a)
of this section to ensure that the formula does the following:
(A) Uses a weighted unit of 1.2 for each eligible Indian
student enrolled in the seventh and eighth grades of the school
in considering the number of eligible Indian students served by
the school.
(B) Considers a school with an enrollment of less than 50
eligible Indian students as having an average daily attendance
of 50 eligible Indian students for purposes of implementing the
adjustment factor for small schools.
(C) Takes into account the provision of residential services
on less than a 9-month basis at a school when the school board
and supervisor of the school determine that a less than 9-month
basis will be implemented for the school year involved.
(D) Uses a weighted unit of 2.0 for each eligible Indian
student that--
(i) is gifted and talented; and
(ii) is enrolled in the school on a full-time basis,
in considering the number of eligible Indian students served by
the school.
(E) Uses a weighted unit of 0.25 for each eligible Indian
student who is enrolled in a year-long credit course in an
Indian or Native language as part of the regular curriculum of a
school, in considering the number of eligible Indian students
served by such school. The adjustment required under this
subparagraph shall be used for such school after--
(i) the certification of the Indian or Native language
curriculum by the school board of such school to the
Secretary, together with an estimate of the number of full-
time students expected to be enrolled in the curriculum in
the second school year for which the certification is made;
and
(ii) the funds appropriated for allotment under this
section are designated by the appropriations Act
appropriating such funds as the amount necessary to
implement such adjustment at such school without reducing
allotments made under this section to any school by virtue
of such adjustment.
(2) Reservation of amount
(A) In general
From the funds allotted in accordance with the formula
established under subsection (a) of this section for each Bureau
school, the local school board of such school may reserve an
amount which does not exceed the greater of--
(i) $8,000; or
(ii) the lesser of--
(I) $15,000; or
(II) 1 percent of such allotted funds,
for school board activities for such school, including
(notwithstanding any other provision of law) meeting expenses
and the cost of membership in, and support of, organizations
engaged in activities on behalf of Indian education.
(B) Training
(i) In general
Each local school board, and any agency school board
that serves as a local school board for any grant or
contract school, shall ensure that each individual who is a
new member of the school board receives, within 1 year after
the individual becomes a member of the school board, 40
hours of training relevant to that individual's service on
the board.
(ii) Types of training
Such training may include training concerning legal
issues pertaining to Bureau-funded schools, legal issues
pertaining to school boards, ethics, and other topics
determined to be appropriate by the school board.
(iii) Recommendation
The training described in this subparagraph shall not be
required, but is recommended, for a tribal governing body
that serves in the capacity of a school board.
(d) Reservation of amount for emergencies
(1) In general
The Secretary shall reserve from the funds available for
distribution for each fiscal year under this section an amount that,
in the aggregate, equals 1 percent of the funds available for such
purpose for that fiscal year, to be used, at the discretion of the
Director of the Office of Indian Education Programs, to meet
emergencies and unforeseen contingencies affecting the education
programs funded under this section.
(2) Use of funds
Funds reserved under this subsection may be expended only for
education services or programs, including emergency repairs of
educational facilities, at a schoolsite (as defined by section
2503(c)(2) \1\ of this title).
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\1\ So in original. Probably should be section ``2502(c)(2)''.
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(3) Availability of funds
Funds reserved under this subsection shall remain available
without fiscal year limitation until expended. However, the
aggregate amount available from all fiscal years may not exceed 1
percent of the current year funds.
(4) Report
When the Secretary makes funds available under this subsection,
the Secretary shall report such action to the appropriate committees
of Congress within the annual budget submission.
(e) Supplemental appropriations
Supplemental appropriations enacted to meet increased pay costs
attributable to school level personnel shall be distributed under this
section.
(f) Eligible Indian student defined
In this section, the term ``eligible Indian student'' means a
student who--
(1) is a member of, or is at least one-fourth degree Indian
blood descendant of a member of, a tribe that is eligible for the
special programs and services provided by the United States through
the Bureau to Indians because of their status as Indians;
(2) resides on or near a reservation or meets the criteria for
attendance at a Bureau off-reservation home-living school; and
(3) is enrolled in a Bureau-funded school.
(g) Tuition
(1) In general
No eligible Indian student or a student attending a Bureau
school under paragraph (2)(C) may be charged tuition for attendance
at a Bureau school or contract or grant school.
(2) Attendance of non-Indian students at Bureau schools
The Secretary may permit the attendance at a Bureau school of a
student who is not an eligible Indian student if--
(A) the Secretary determines that the student's attendance
will not adversely affect the school's program for eligible
Indian students because of cost, overcrowding, or violation of
standards or accreditation;
(B) the school board consents;
(C) the student is a dependent of a Bureau, Indian Health
Service, or tribal government employee who lives on or near the
school site; or
(D) tuition is paid for the student that is not more than
the tuition charged by the nearest public school district for
out-of-district students and shall be in addition to the
school's allocation under this section.
(3) Attendance of non-Indian students at contract and grant
schools
The school board of a contract or grant school may permit
students who are not eligible Indian students under this subsection
to attend its contract school or grant school. Any tuition collected
for those students shall be in addition to funding received under
this section.
(h) Funds available without fiscal year limitation
Notwithstanding any other provision of law, at the election of the
school board of a Bureau school made at any time during the fiscal year,
a portion equal to not more than 15 percent of the funds allocated with
respect to a school under this section for any fiscal year shall remain
available to the school for expenditure without fiscal year limitation.
The Assistant Secretary shall take such steps as are necessary to
implement this subsection.
(i) Students at Richfield dormitory, Richfield, Utah
(1) In general
Tuition for the instruction of each out-of-State Indian student
in a home-living situation at the Richfield dormitory in Richfield,
Utah, who attends Sevier County high schools in Richfield, Utah, for
an academic year, shall be paid from Indian school equalization
program funds authorized in this section and section 2009 \2\ of
this title, at a rate not to exceed the weighted amount provided for
under subsection (b) of this section for a student for that year.
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\2\ So in original. Probably should be section ``2010''.
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(2) No administrative cost funds
No additional administrative cost funds shall be provided under
this chapter to pay for administrative costs relating to the
instruction of the students.
(Pub. L. 95-561, title XI, Sec. 1127, as added Pub. L. 107-110, title X,
Sec. 1042, Jan. 8, 2002, 115 Stat. 2028.)
Prior Provisions
A prior section 2007, Pub. L. 95-561, title XI, Sec. 1127, as added
Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 3989,
related to allotment formula, prior to the general amendment of this
chapter by Pub. L. 107-110.
Another prior section 2007, Pub. L. 95-561, title XI, Sec. 1127,
Nov. 1, 1978, 92 Stat. 2320, related to policies and procedures for
implementation of transferred administrative 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 2001, 2005, 2010, 2502,
2503, 2511 of this title.
