[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2020]
TITLE 25--INDIANS
CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
Sec. 2020. Tribal departments or divisions of education.
(a) In general
Subject to the availability of appropriations, the Secretary shall
make grants and provide technical assistance to tribes for the
development and operation of tribal departments or divisions of
education for the purpose of planning and coordinating all educational
programs of the tribe.
(b) Applications
For a tribe to be eligible to receive a grant under this section,
the governing body of the tribe shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require.
(c) Diversity
The Secretary shall award grants under this section in a manner that
fosters geographic and population diversity.
(d) Use
Tribes that receive grants under this section shall use the funds
made available through the grants--
(1) to facilitate tribal control in all matters relating to the
education of Indian children on reservations (and on former Indian
reservations in Oklahoma);
(2) to provide for the development of coordinated educational
programs (including all preschool, elementary, secondary, and higher
or vocational educational programs funded by tribal, Federal, or
other sources) on reservations (and on former Indian reservations in
Oklahoma) by encouraging tribal administrative support of all
Bureau-funded educational programs as well as encouraging tribal
cooperation and coordination with entities carrying out all
educational programs receiving financial support from other Federal
agencies, State agencies, or private entities; and
(3) to provide for the development and enforcement of tribal
educational codes, including tribal educational policies and tribal
standards applicable to curriculum, personnel, students, facilities,
and support programs.
(e) Priorities
In making grants under this section, the Secretary shall give
priority to any application that--
(1) includes--
(A) assurances that the applicant serves three or more
separate Bureau-funded schools; and
(B) assurances from the applicant that the tribal department
of education to be funded under this section will provide
coordinating services and technical assistance to all of such
schools;
(2) includes assurances that all education programs for which
funds are provided by such a contract or grant will be monitored and
audited, by or through the tribal department of education, to ensure
that the programs meet the requirements of law; and
(3) provides a plan and schedule that--
(A) provides for--
(i) the assumption, by the tribal department of
education, of all assets and functions of the Bureau agency
office associated with the tribe, to the extent the assets
and functions relate to education; and
(ii) the termination by the Bureau of such functions and
office at the time of such assumption; and
(B) provides that the assumption shall occur over the term
of the grant made under this section, except that, when mutually
agreeable to the tribal governing body and the Assistant
Secretary, the period in which such assumption is to occur may
be modified, reduced, or extended after the initial year of the
grant.
(f) Time period of grant
Subject to the availability of appropriated funds, a grant provided
under this