25 U.S.C. § 2503 | Composition of grants

(a)

In general

The grant provided under this chapter to an Indian tribe or tribal organization for any fiscal year shall consist of—

(1)

25 U.S.C. 2007 the total amount of funds allocated for such fiscal year under sections 1127 and 1128 of the Education Amendments of 1978 [, 2008] with respect to the tribally controlled schools eligible for assistance under this chapter which are operated by such Indian tribe or tribal organization, including, but not limited to, funds provided under such sections, or under any other provision of law, for transportation costs;

(2)

section 5324 of this title 25 U.S.C. 2006(d) to the extent requested by such Indian tribe or tribal organization, the total amount of funds provided from operations and maintenance accounts and, notwithstanding , or any other provision of law, other facilities accounts for such schools for such fiscal year (including but not limited to those referenced under section 1126(d) of the Education Amendments of 1978 [] or any other law); and

(3)

the total amount of funds that are allocated to such schools for such fiscal year under—

(A)

20 U.S.C. 6301 title I of the Elementary and Secondary Education Act of 1965 [ et seq.];

(B)

20 U.S.C. 1400 the Individuals with Disabilities Education Act [ et seq.]; and

(C)

1 So in original. The words “, that are allocated to such schools for such fiscal year” probably should not appear.

any other Federal education law, that are allocated to such schools for such fiscal year.

(b)

Special rules

(1)

In general

(A)

Applicability of certain laws

Funds allocated to a tribally controlled school by reason of paragraph (1) or (2) of subsection (a) shall be subject to the provisions of this chapter and shall not be subject to any additional restriction, priority, or limitation that is imposed by the Bureau with respect to funds provided under—

(i)

20 U.S.C. 6301 title I of the Elementary and Secondary Education Act of 1965 [ et seq.];

(ii)

20 U.S.C. 1400 the Individuals with Disabilities Education Act [ et seq.]; or

(iii)

25 U.S.C. 2000 any Federal education law other than title XI of the Education Amendments of 1978 [ et seq.].

(B)

Applicability of Bureau provisions

Indian tribes and tribal organizations to which grants are provided under this chapter, and tribally controlled schools for which such grants are provided, shall not be subject to any requirements, obligations, restrictions, or limitations imposed by the Bureau that would otherwise apply solely by reason of the receipt of funds provided under any law referred to in clause (i), (ii), or (iii) of subparagraph (A).

(2)

Schools considered contract schools

25 U.S.C. 2006(e)Tribally controlled schools for which grants are provided under this chapter shall be treated as contract schools for the purposes of allocation of funds under sections 1126(e), 1127, and 1128 of the Education Amendments of 1978 [, 2007, 2008].

(3)

Schools considered Bureau schools

Tribally controlled schools for which grants are provided under this chapter shall be treated as Bureau schools for the purposes of allocation of funds provided under—

(A)

20 U.S.C. 6301 title I of the Elementary and Secondary Education Act of 1965 [ et seq.];

(B)

20 U.S.C. 1400 the Individuals with Disabilities Education Act [ et seq.]; and

(C)

any other Federal education law, that are distributed through the Bureau.

(4)

Accounts; use of certain funds

(A)

Separate account

(i)

In general

2 So in original. Probably should be “2502(a)(2)”.

3 So in original. Probably should be “2502(a)”.

Notwithstanding section 2503(a)(2)  of this title, with respect to funds from facilities improvement and repair, alteration and renovation (major or minor), health and safety, or new construction accounts included in the grant provided under section 2503(a)  of this title, the grant recipient shall maintain a separate account for such funds.

(ii)

Submission of accounting

At the end of the period designated for the work covered by the funds received, the grant recipient shall submit to the Secretary a separate accounting of the work done and the funds expended.

(iii)

Use of funds

Funds received from those accounts may only be used for the purpose for which the funds were appropriated and for the work encompassed by the application or submission for which the funds were received.

(iv)

Completion of project

Upon completion of a project for which a separate account is established under this paragraph, the portion of the grant related to such project may be closed out upon agreement by the grantee and the Secretary.

(B)

Requirements for projects

(i)

Regulatory requirements

With respect to a grant to a tribally controlled school under this chapter for new construction or facilities improvements and repair in excess of $100,000, such grant shall be subject to the Administrative and Audit Requirements and Cost Principles for Assistance Programs contained in part 12 of title 43, Code of Federal Regulations.

(ii)

Exception

Notwithstanding clause (i), grants described in such clause shall not be subject to section 12.61 of title 43, Code of Federal Regulations. The Secretary and the grantee shall negotiate and determine a schedule of payments for the work to be performed.

(iii)

Applications

25 U.S.C. 2005(a)4

4 See References in Text note below.

In considering applications for a grant described in clause (i), the Secretary shall consider whether the Indian tribe or tribal organization involved would be deficient in ensuring that the construction projects under the proposed grant conform to applicable building standards and codes and Federal, tribal, or State health and safety standards as required under section 1124 of the Education Amendments of 1978 ()  with respect to organizational and financial management capabilities.

(iv)

Disputes

5 So in original. Probably should be “2507(e)”.

Any disputes between the Secretary and any grantee concerning a grant described in clause (i) shall be subject to the dispute provisions contained in section 2508(e)  of this title.

(C)

New construction

Notwithstanding subparagraph (A), a school receiving a grant under this chapter for facilities improvement and repair may use such grant funds for new construction if the tribal governing body or tribal organization that submits the application for the grant provides funding for the new construction equal to at least 25 percent of the total cost of such new construction.

(D)

Period

In a case in which the appropriations measure under which the funds described in subparagraph (A) are made available or the application submitted for the funds does not stipulate a period for the work covered by the funds, the Secretary and the grant recipient shall consult and determine such a period prior to the transfer of the funds. A period so determined may be extended upon mutual agreement of the Secretary and the grant recipient.

(5)

Enforcement of request to include funds

(A)

In general

6 So in original. Probably should be “tribe’s”.

If the Secretary fails to carry out a request filed by an Indian tribe or tribal organization to include in such tribe  or organization’s grant under this chapter the funds described in subsection (a)(2) within 180 days after the filing of the request, the Secretary shall—

(i)

be deemed to have approved such request; and

(ii)

immediately upon the expiration of such 180-day period amend the grant accordingly.

(B)

Rights

⁵A tribe or organization described in subparagraph (A) may enforce its rights under subsection (a)(2) and this paragraph, including rights relating to any denial or failure to act on such tribe’s or organization’s request, pursuant to the dispute authority described in section 2508(e)  of this title.

Pub. L. 100–297, title V, § 5204 Pub. L. 107–110, title X, § 1043Jan. 8, 2002115 Stat. 2066(, as added , , .)

Editorial Notes

References in Text

Pub. L. 89–10Apr. 11, 196579 Stat. 27 section 6301 of Title 20The Elementary and Secondary Education Act of 1965, referred to in subsecs. (a)(3)(A) and (b)(1)(A)(i), (3)(A), is , , . Title I of the Act is classified generally to subchapter I (§ 6301 et seq.) of chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 91–230Apr. 13, 197084 Stat. 175 section 1400 of Title 20The Individuals with Disabilities Education Act, referred to in subsecs. (a)(3)(B) and (b)(1)(A)(ii), (3)(B), is title VI of , , , which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see and Tables.

Pub. L. 95–561Nov. 1, 197892 Stat. 2143 section 6301 of Title 20The Education Amendments of 1978, referred to in subsec. (b)(1)(A)(iii), is , , . Title XI of the Act is classified principally to chapter 22 (§ 2000 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under , Education, and Tables.

25 U.S.C. 2005(a)Pub. L. 95–561 section 2005 of this title Section 1124 of Pub. L. 95–561 section 2004 of this titleSection 1124 of the Education Amendments of 1978 (), referred to in subsec. (b)(4)(B)(iii), probably should be section 1125 of the Education Amendments of 1978, , which is classified to and requires, in subsec. (b), compliance with health and safety standards. , which is classified to , relates to school boundaries.

Prior Provisions

Pub. L. 100–297, title V, § 5204Apr. 28, 1988102 Stat. 386 Pub. L. 100–427, § 10(a)Sept. 9, 1988102 Stat. 1607 Pub. L. 102–119, § 26(f)Oct. 7, 1991105 Stat. 607 Pub. L. 103–382, title III, § 394(m)(1)Oct. 20, 1994108 Stat. 4029 Pub. L. 107–110, title X, § 1043Jan. 8, 2002115 Stat. 2063 section 2502 of this titleA prior section 2503, , , ; , (b), , ; , , ; , , , authorized grants, prior to repeal by , , . See .

Statutory Notes and Related Subsidiaries

Effective Date

Jan. 8, 2002section 5 of Pub. L. 107–110 section 6301 of Title 20Section effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under , Education.