§ 2010. — Uniform direct funding and support.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2010]
TITLE 25--INDIANS
CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
Sec. 2010. Uniform direct funding and support
(a) Establishment of system and forward funding
(1) In general
The Secretary shall establish, by regulation adopted in
accordance with section 2016 of this title, a system for the direct
funding and support of all Bureau-funded schools. Such system shall
allot funds in accordance with section 2007 of this title. All
amounts appropriated for distribution in accordance with this
section shall be made available in accordance with paragraph (2).
(2) Timing for use of funds
(A) Availability
For the purposes of affording adequate notice of funding
available pursuant to the allotments made under section 2007 of
this title and the allotments of funds for operation and
maintenance of facilities, amounts appropriated in an
appropriations Act for any fiscal year for such allotments--
(i) shall become available for obligation by the
affected schools on July 1 of the fiscal year for which such
allotments are appropriated without further action by the
Secretary; and
(ii) shall remain available for obligation through the
succeeding fiscal year.
(B) Publications
The Secretary shall, on the basis of the amounts
appropriated as described in this paragraph--
(i) publish, not later than July 1 of the fiscal year
for which the amounts are appropriated, information
indicating the amount of the allotments to be made to each
affected school under section 2007 of this title, of 80
percent of such appropriated amounts; and
(ii) publish, not later than September 30 of such fiscal
year, information indicating the amount of the allotments to
be made under section 2007 of this title, from the remaining
20 percent of such appropriated amounts, adjusted to reflect
the actual student attendance.
(C) Overpayments
Any overpayments made to tribal schools shall be returned to
the Secretary not later than 30 days after the final
determination that the school was overpaid pursuant to this
section.
(3) Limitation
(A) Expenditures
Notwithstanding any other provision of law (including a
regulation), the supervisor of a Bureau-operated school may
expend an aggregate of not more than $50,000 of the amount
allotted to the school under section 2007 of this title to
acquire materials, supplies, equipment, operation services,
maintenance services, and other services for the school, and
amounts received as operations and maintenance funds, funds
received from the Department of Education, or funds received
from other Federal sources, without competitive bidding if--
(i) the cost for any single item acquired does not
exceed $15,000;
(ii) the school board approves the acquisition;
(iii) the supervisor certifies that the cost is fair and
reasonable;
(iv) the documents relating to the acquisition executed
by the supervisor of the school or other school staff cite
this paragraph as authority for the acquisition; and
(v) the acquisition transaction is documented in a
journal maintained at the school that clearly identifies
when the transaction occurred, the item that was acquired
and from whom, the price paid, the quantities acquired, and
any other information the supervisor or the school board
considers to be relevant.
(B) Notice
Not later than 6 months after January 8, 2002, the Secretary
shall send notice of the provisions of this paragraph to each
supervisor of a Bureau school and associated school board
chairperson, the education line officer of each agency and area,
and the Bureau division in charge of procurement, at both the
local and national levels.
(C) Application and guidelines
The Director of the Office shall be responsible for--
(i) determining the application of this paragraph,
including the authorization of specific individuals to carry
out this paragraph;
(ii) ensuring that there is at least one such individual
at each Bureau facility; and
(iii) the provision of guidelines on the use of this
paragraph and adequate training on such guidelines.
(4) Effect of sequestration order
If a sequestration order issued under the Balanced Budget and
Emergency Deficit Control Act of 1985 reduces the amount of funds
available for allotment under section 2007 of this title for any
fiscal year by more than 7 percent of the amount of funds available
for allotment under such section during the preceding fiscal year--
(A) to fund allotments under section 2007 of this title, the
Secretary, notwithstanding any other law, may use--
(i) funds appropriated for the operation of any Bureau-
funded school that is closed or consolidated; and
(ii) funds appropriated for any program that has been
curtailed at any Bureau school; and
(B) the Secretary may waive the application of the
provisions of section 2001(h) of this title with respect to the
closure or consolidation of a school, or the curtailment of a
program at a school, during such fiscal year if the funds
described in clauses (i) and (ii) of subparagraph (A) with
respect to such school are used to fund allotments made under
section 2007 of this title for such fiscal year.
(b) Local financial plans for expenditure of funds
(1) Plan required
Each Bureau-operated school that receives an allotment under
section 2007 of this title shall prepare a local financial plan that
specifies the manner in which the school will expend the funds made
available under the allotment and ensures that the school will meet
the accreditation requirements or standards for the school pursuant
to section 2001 of this title.
(2) Requirement
A local financial plan under paragraph (1) shall comply with all
applicable Federal and tribal laws.
(3) Preparation and revision
(A) In general
The financial plan for a school under subparagraph (A) \1\
shall be prepared by the supervisor of the school in active
consultation with the local school board for the school.
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\1\ So in original. Probably should be ``paragraph (1)''.
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(B) Authority of school board
The local school board for each school shall have the
authority to ratify, reject, or amend such financial plan and,
at the initiative of the local school board or in response to
the supervisor of the school, to revise such financial plan to
meet needs not foreseen at the time of preparation of the
financial plan.
(4) Role of supervisor
The supervisor of the school--
(A) shall implement the decisions of the school board
relating to the financial plan under paragraph (1);
(B) shall provide the appropriate local union representative
of the education employees of the school with copies of proposed
financial plans relating to the school and all modifications and
proposed modifications to the plans, and at the same time submit
such copies to the local school board; and
(C) may appeal any such action of the local school board to
the appropriate education line officer of the Bureau agency by
filing a written statement describing the action and the reasons
the supervisor believes such action should be overturned.
(5) Statements
(A) In general
A copy of each statement filed under paragraph (4)(C) shall
be submitted to the local school board and such board shall be
afforded an opportunity to respond, in writing, to such appeal.
(B) Overturned actions
After reviewing such written appeal and response, the
appropriate education line officer may, for good cause, overturn
the action of the local school board.
(C) Transmission of determination
The appropriate education line officer shall transmit the
determination of such appeal in the form of a written opinion to
such board and to such supervisor identifying the reasons for
overturning such action.
(c) Tribal division of education, self-determination grant and contract
funds
The Secretary may approve applications for funding tribal divisions
of education and developing tribal codes of education, from funds made
available pursuant to section 450h(a) of this title.
(d) Technical assistance and training
In carrying out this section, a local school board may request
technical assistance and training from the Secretary, and the Secretary
shall, to the maximum extent practicable, provide those services and
make appropriate provisions in the budget of the Office for the
provision of those services.
(e) Summer program of academic and support services
(1) Plan
(A) In general
A financial plan under subsection (b) of this section for a
school may include, at the discretion of the local administrator
and the school board of such school, a provision for a summer
program of academic and support services for students of the
school.
(B) Prevention activities
Any such program may include activities related to the
prevention of alcohol and substance abuse.
(C) Summer use
The Assistant Secretary for Indian Affairs shall provide for
the use of any such school facility during any summer in which
such use is requested.
(2) Use of other funds
Notwithstanding any other provision of law, funds authorized
under the Act of April 16, 1934 [25 U.S.C. 452 et seq.], and this
Act may be used to augment the services provided in each summer
program at the option, and under the control, of the tribe or Indian
controlled school receiving such funds.
(3) Technical assistance and program coordination
The Assistant Secretary for Indian Affairs, acting through the
Director of the Office, shall--
(A) provide technical assistance and coordination for any
program described in paragraph (1); and
(B) to the extent practicable, encourage the coordination of
such programs with any other summer programs that might benefit
Indian youth, regardless of the funding source or administrative
entity of any such program.
(f) Cooperative agreements
(1) Implementation
(A) In general
From funds allotted to a Bureau school under section 2007 of
this title, the Secretary shall, if specifically requested by
the appropriate tribal governing body, implement a cooperative
agreement that is entered into between the tribe, the Bureau,
the local school board, and a local public school district that
meets the requirements of paragraph (2) and involves the school.
(B) Terms
The tribe, the Bureau, the school board, and the local
public school district shall determine the terms of an agreement
entered into under subparagraph (A).
(2) Coordination provisions
An agreement under paragraph (1) may, with respect to the Bureau
school and schools in the school district involved, encompass
coordination of all or any part of the following:
(A) The academic program and curriculum, unless the Bureau
school is accredited by a State or regional accrediting entity
and would not continue to be so accredited if the agreement
encompassed the program and curriculum.
(B) Support services, including procurement and facilities
maintenance.
(C) Transportation.
(3) Equal benefit and burden
(A) In general
Each agreement entered into under paragraph (1) shall confer
a benefit upon the Bureau school commensurate with the burden
assumed by the school.
(B) Limitation
Subparagraph (A) shall not be construed to require equal
expenditures, or an exchange of similar services, by the Bureau
school and schools in the school district.
(g) Product or result of student projects
Notwithstanding any other provision of law, in a case in which there
is agreement on action between the superintendent and the school board
of a Bureau-funded school, the product or result of a project conducted
in whole or in major part by a student may be given to that student upon
the completion of such project.
(h) Matching fund requirements
(1) Not considered Federal funds
Notwithstanding any other provision of law, funds received by a
Bureau-funded school under this chapter for education-related
activities (not including funds for construction, maintenance, and
facilities improvement or repair) shall not be considered Federal
funds for the purposes of a matching funds requirement for any
Federal program.
(2) Limitation
In considering an application from a Bureau-funded school for
participation in a program or project that requires matching funds,
the entity administering such program or project or awarding such
grant shall not give positive or negative weight to such application
based solely on the provisions of paragraph (1).
(Pub. L. 95-561, title XI, Sec. 1130, as added Pub. L. 107-110, title X,
Sec. 1042, Jan. 8, 2002, 115 Stat. 2039.)
References in Text
The Balanced Budget and Emergency Deficit Control Act of 1985,
referred to in subsec. (a)(4), is title II of Pub. L. 99-177, Dec. 12,
1985, 99 Stat. 1038, as amended which enacted chapter 20 (Sec. 900 et
seq.) and sections 654 to 656 of Title 2, The Congress, amended sections
602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106,
and 1109 of Title 31, Money and Finance, and section 911 of Title 42,
The Public Health and Welfare, repealed section 661 of Title 2, enacted
provisions set out as notes under section 900 of Title 2 and section 911
of Title 42, and amended provisions set out as a note under section 621
of Title 2. For complete classification of this Act to the Code, see
Short Title note set out under section 900 of Title 2 and Tables.
Act of April 16, 1934, referred to in subsec. (e)(2), is act Apr.
16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the
Johnson-O'Malley Act, which is classified generally to section 452 et
seq. of this title. For complete classification of this Act to the Code,
see Short Title note set out under section 452 of this title and Tables.
This Act, referred to in subsec. (e)(2), 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.
This chapter, referred to in subsec. (h)(1), was in the original
``this title'', meaning title XI (Sec. 1101 et seq.) of Pub. L. 95-561,
which is classified principally to this chapter. For complete
classification of title XI to the Code, see Tables.
Prior Provisions
A prior section 2010, Pub. L. 95-561, title XI, Sec. 1130, as added
Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 3999,
related to uniform direct funding and support, prior to the general
amendment of this chapter by Pub. L. 107-110.
Another prior section 2010, Pub. L. 95-561, title XI, Sec. 1130,
Nov. 1, 1978, 92 Stat. 2321; Pub. L. 100-297, title V, Sec. 5111, Apr.
28, 1988, 102 Stat. 376; Pub. L. 100-427, Sec. 7, Sept. 9, 1988, 102
Stat. 1605, related to policy for Indian control of Indian education,
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 2015, 2411 of this title.
