§ 2011. — Policy for Indian control of Indian education.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2011]
TITLE 25--INDIANS
CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
Sec. 2011. Policy for Indian control of Indian education
(a) Facilitation of Indian control
It shall be the policy of the United States acting through the
Secretary, in carrying out the functions of the Bureau, to facilitate
Indian control of Indian affairs in all matters relating to education.
(b) Consultation with tribes
(1) In general
All actions under this Act shall be done with active
consultation with tribes. The United States acting through the
Secretary and tribes shall work in a government-to-government
relationship to ensure quality education for all tribal members.
(2) Requirements
(A) Definition of consultation
In this subsection, the term ``consultation'' means a
process involving the open discussion and joint deliberation of
all options with respect to potential issues or changes between
the Bureau and all interested parties.
(B) Discussion and joint deliberation
During discussions and joint deliberations, interested
parties (including tribes and school officials) shall be given
an opportunity--
(i) to present issues (including proposals regarding
changes in current practices or programs) that will be
considered for future action by the Secretary; and
(ii) to participate and discuss the options presented,
or to present alternatives, with the views and concerns of
the interested parties given effect unless the Secretary
determines, from information available from or presented by
the interested parties during one or more of the discussions
and deliberations, that there is a substantial reason for
another course of action.
(C) Explanation by Secretary
The Secretary shall submit to any Member of Congress, within
18 days of the receipt of a written request by such Member, a
written explanation of any decision made by the Secretary which
is not consistent with the views of the interested parties
described in subparagraph (B).
(Pub. L. 95-561, title XI, Sec. 1131, as added Pub. L. 107-110, title X,
Sec. 1042, Jan. 8, 2002, 115 Stat. 2043.)
References in Text
This Act, referred to in subsec. (b)(1), 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.
Prior Provisions
A prior section 2011, Pub. L. 95-561, title XI, Sec. 1131, as added
Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 4001,
related to policy for Indian control of Indian education, prior to the
general amendment of this chapter by Pub. L. 107-110.
Another prior section 2011, Pub. L. 95-561, title XI, Sec. 1131,
Nov. 1, 1978, 92 Stat. 2322; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan.
1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 98-511, title V,
Sec. 507(b), Oct. 19, 1984, 98 Stat. 2396; Pub. L. 100-297, title V,
Secs. 5112(a), (b)(1), 5114, 5115, Apr. 28, 1988, 102 Stat. 377, 378,
380; Pub. L. 100-427, Sec. 9(a)-(c), Sept. 9, 1988, 102 Stat. 1606,
related to education personnel, 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 472a, 2001, 2008 of this
title.
