25 U.S.C. § 5351 | School construction, acquisition, or renovation contracts

(a)

Authorization; prerequisites

The Secretary is authorized to enter into a contract or contracts with any State education agency or school district for the purpose of assisting such agency or district in the acquisition of sites for, or the construction, acquisition, or renovation of facilities (including all necessary equipment) in school districts on or adjacent to or in close proximity to any Indian reservation or other lands held in trust by the United States for Indians, if such facilities are necessary for the education of Indians residing on any such reservation or lands.

(b)

Eligibility requirements for assistance in federally-affected areas; applicability to projects in determining maximum amount, allocation, of funds, etc.

1 See References in Text note below.

1January 4, 19751The Secretary may expend not less than 75 per centum of such funds as are authorized and appropriated pursuant to this section on those projects which meet the eligibility requirements under subsections (a) and (b) of section 644  of title 20. Such funds shall be allocated on the basis of existing funding priorities, if any, established by the Secretary of Education under subsections (a) and (b) of section 644  of title 20. The Secretary of Education is directed to submit to the Secretary, at the beginning of each fiscal year, commencing with the first full fiscal year after , a list of those projects eligible for funding under subsections (a) and (b) of section 644  of title 20.

(c)

Eligibility of private schools to receive funds; maximum amount

section 5355 of this titleThe Secretary may expend not more than 25 per centum of such funds as may be authorized and appropriated pursuant to this section on any school eligible to receive funds under .

(d)

Duties of State education agencies pursuant to contracts

Any contract entered into by the Secretary pursuant to this section shall contain provisions requiring the relevant State educational agency to—

(1)

provide Indian students attending any such facilities constructed, acquired, or renovated, in whole or in part, from funds made available pursuant to this section with standards of education not less than those provided non-Indian students in the school district in which the facilities are situated; and

(2)

meet, with respect to such facilities, the requirements of the State and local building codes, and other building standards set by the State educational agency or school district for other public school facilities under its jurisdiction or control or by the local government in the jurisdiction within which the facilities are situated.

(e)

Advisory consultations by Secretary with affected entities and governing bodies prior to contracts; applicability

section 5346 of this titleThe Secretary shall consult with the entity designated pursuant to , and with the governing body of any Indian tribe or tribes the educational opportunity for the members of which will be significantly affected by any contract entered into pursuant to this section. Such consultation shall be advisory only, but shall occur prior to the entering into of any such contract. The foregoing provisions of this subsection shall not be applicable where the application for a contract pursuant to this section is submitted by an elected school board of which a majority of its members are Indians.

(f)

Evaluation and report to Congress of effectiveness of construction, etc., programs; scope and content of report

January 4, 1975Within ninety days following the expiration of the three year period following , the Secretary shall evaluate the effectiveness of the program pursuant to this section and transmit a report of such evaluation to the Congress. Such report shall include—

(1)

March 3, 192146 Stat. 1491¹ an analysis of construction costs and the impact on such costs of the provisions of subsection (f) of this section and the Act of (), as amended; 

(2)

a description of the working relationship between the Department of the Interior and the Department of Education including any memorandum of understanding in connection with the acquisition of data pursuant to subsection (b) of this section;

(3)

projections of the Secretary of future construction needs of the public schools serving Indian children residing on or adjacent to Indian reservations;

(4)

a description of the working relationship of the Department of the Interior with local or State educational agencies in connection with the contracting for construction, acquisition, or renovation of school facilities pursuant to this section; and

(5)

¹ the recommendations of the Secretary with respect to the transfer of the responsibility for administering subsections (a) and (b) of section 644  of title 20 from the Department of Education to the Department of the Interior.

(g)

Authorization of appropriations

June 30, 1974For the purpose of carrying out the provisions of this section, there is authorized to be appropriated the sum of $35,000,000 for the fiscal year ending ; $35,000,000 for each of the four succeeding fiscal years; and thereafter, such sums as may be necessary, all of such sums to remain available until expended.

Pub. L. 93–638, title II, § 204Jan. 4, 197588 Stat. 2214 Pub. L. 96–88, title III, § 301Oct. 17, 197993 Stat. 677(, , ; , title V, § 507, , , 692.)

Editorial Notes

References in Text

Section 644 of title 20 Pub. L. 103–382, title III, § 331(a)Oct. 20, 1994108 Stat. 3965, referred to in subsecs. (b) and (f)(5), was repealed by , , .

March 3, 1921act of Mar. 3, 1931, ch. 411 46 Stat. 1494 Pub. L. 107–217Aug. 21, 2002116 Stat. 1062Act of , referred to in subsec. (f)(1), probably means the , , known as the Davis-Bacon Act, which was classified generally to sections 276a to 276a–5 of former Title 40, Public Buildings, Property, and Works, and was repealed and reenacted as sections 3141–3144, 3146, and 3147 of Title 40, Public Buildings, Property, and Works, by , §§ 1, 6(b), , , 1304.

Codification

section 458 of this titleSection was formerly classified to prior to editorial reclassification and renumbering as this section.

Short Title

section 201 of Pub. L. 93–638 section 5301 of this titleFor short title of this subchapter as the “Indian Education Assistance Act”, see , set out as a note under .

Statutory Notes and Related Subsidiaries

Transfer of Functions

Pub. L. 96–88“Secretary of Education” substituted for “United States Commissioner of Education” in subsec. (b), and “Department of Education” substituted for “Department of Health, Education, and Welfare” in subsec. (f)(2), (5), pursuant to sections 301 and 507 of , which is classified to sections 3441 and 3507 of Title 20, Education, and which transferred functions and offices (relating to education) of Commissioner of Education and Department of Health, Education, and Welfare to Secretary and Department of Education.