USC Subchapter II

in effect

25 U.S.C. § 5341 Donations for Indians; use of gifts; annual report to Congress

The Secretary of the Interior may accept donations of funds or other property for the advancement of the Indian race, and he may use the donated property in accordance with the terms of the donation in furtherance of any program authorized by other provision of law for the benefit of Indians. An annual report shall be made to the Congress on donations received and allocations made from such donations. This report shall include administrative costs and other pertinent data.

25 U.S.C. § 5342 Contracts for education, medical attention, relief and social welfare of Indians

The Secretary of the Interior is authorized, in his discretion, to enter into a contract or contracts with any State or Territory, or political subdivision thereof, or with any State university, college, or school, or with any appropriate State or private corporation, agency, or institution, for the education, medical attention, agricultural assistance, and social welfare, including relief of distress, of Indians in such State or Territory, through the agencies of the State or Territory or of the corporations and organizations hereinbefore named, and to expend under such contract or contracts, moneys appropriated by Congress for the education, medical attention, agricultural assistance, and social welfare, including relief of distress, of Indians in such State or Territory.

25 U.S.C. § 5343 Use of Government property by States and Territories

The Secretary of the Interior, in making any contract authorized by sections 5342 to 5348 of this title, may permit such contracting party to utilize, for the purposes of said sections, existing school buildings, hospitals, and other facilities, and all equipment therein or appertaining thereto, including livestock and other personal property owned by the Government, under such terms and conditions as may be agreed upon for their use and maintenance.

25 U.S.C. § 5344 Rules and regulations; minimum standards of service

The Secretary of the Interior is authorized to perform any and all acts and to make such rules and regulations, including minimum standards of service, as may be necessary and proper for the purpose of carrying the provisions of sections 5342 to 5348 of this title into effect: Provided, That such minimum standards of service are not less than the highest maintained by the States or Territories within which said contract or contracts, as herein provided, are to be effective.

25 U.S.C. § 5345 Contracts for education in public schools; submission of education plan by contractor as prerequisite; criteria for approval of plan by Secretary of the Interior; participation by non-Indian students

The Secretary of the Interior shall not enter into any contract for the education of Indians unless the prospective contractor has submitted to, and has had approved by the Secretary of the Interior, an education plan, which plan, in the determination of the Secretary, contains educational objectives which adequately address the educational needs of the Indian students who are to be beneficiaries of the contract and assures that the contract is capable of meeting such objectives: Provided, That where students other than Indian students participate in such programs, money expended under such contract shall be prorated to cover the participation of only the Indian students.

25 U.S.C. § 5346 Local committee of Indian parents in school districts having school boards composed of non-Indian majority

(a) Election; functionsWhenever a school district affected by a contract or contracts for the education of Indians pursuant to sections 5342 to 5348 of this title has a local school board not composed of a majority of Indians, the parents of the Indian children enrolled in the school or schools affected by such contract or contracts shall elect a local committee from among their number. Such committee shall fully participate in the development of, and shall have the authority to approve or disapprove programs to be conducted under such contract or contracts, and shall carry out such other duties, and be so structured, as the Secretary of the Interior shall by regulation provide: Provided, however, That, whenever a local Indian committee or committees established pursuant to section 7424(c)(4) of title 20 or an Indian advisory school board or boards established pursuant to sections 5342 to 5348 of this title prior to January 4, 1975, exists in such school district, such committee or board may, in the discretion of the affected tribal governing body or bodies, be utilized for the purposes of this section. (b) Revocation of contractsThe Secretary of the Interior may, in his discretion, revoke any contract if the contractor fails to permit a local committee to perform its duties pursuant to subsection (a) of this section.

25 U.S.C. § 5347 Reimbursement to school districts for educating non-resident students

Any school district educating Indian students who are members of recognized Indian tribes, who do not normally reside in the State in which such school district is located, and who are residing in Federal boarding facilities for the purposes of attending public schools within such district may, in the discretion of the Secretary of the Interior, be reimbursed by him for the full per capita costs of educating such Indian students.

25 U.S.C. § 5348 Computation of student count

(a) DefinitionsFor the purposes of sections 5342 to 5348 of this title, the following definitions apply:(1) Contracting partyThe term “contracting party” means an entity that has a contract through a program authorized under sections 5342 to 5348 of this title. (2) Eligible entityThe term “eligible entity” means an entity that is eligible to apply for a contract for a supplemental or operational support program under sections 5342 to 5348 of this title, as outlined in section 5342 of this title. (3) Existing contracting partyThe term “existing contracting party” means a contracting party that has a contract under sections 5342 to 5348 of this title that is in effect on December 31, 2018. (4) JOM Modernization ActThe term “JOM Modernization Act” means the Johnson-O’Malley Supplemental Indian Education Program Modernization Act. (5) New contracting partyThe term “new contracting party” means an entity that enters into a contract under sections 5342 to 5348 of this title after December 31, 2018. (6) SecretaryThe term “Secretary” means the Secretary of the Interior. (b) Determination of the number of eligible Indian students(1) Initial determinations(A) In generalThe Secretary shall make an initial determination of the number of eligible Indian students served or potentially served by each eligible entity in accordance with subparagraph (B). (B) Process for making the initial determination(i) Preliminary reportNot later than 180 days after December 31, 2018, the Secretary shall publish a preliminary report describing the number of eligible Indian students served or potentially served by each eligible entity, using the most applicable and accurate data (as determined by the Secretary in consultation with eligible entities) from the fiscal year preceding the fiscal year for which the initial determination is to be made from—(I) the Bureau of the Census; (II) the National Center for Education Statistics; or (III) the Office of Indian Education of the Department of Education. (ii) Data reconciliationTo improve the accuracy of the preliminary report described in clause (i) prior to publishing, the Secretary shall reconcile the data described in the preliminary report with—(I) each existing contracting party’s data regarding the number of eligible Indian students served by the existing contracting party for the fiscal year preceding the fiscal year for which the initial determination is made; and (II) identifiable tribal enrollment information. (iii) Comment periodAfter publishing the preliminary report under clause (i) in accordance with clause (ii), the Secretary shall establish a 60-day comment period to gain feedback about the preliminary report from eligible entities, which the Secretary shall take into consideration in preparing the final report described in clause (iv). (iv) Final reportNot later than 120 days after concluding the consultation described in clause (iii), the Secretary shall publish a final report on the initial determination of the number of eligible Indian students served or potentially served by each eligible entity, including justification for not including any feedback gained during such consultation, if applicable. (2) Subsequent academic yearsFor each academic year following the fiscal year for which an initial determination is made under paragraph (1) to determine the number of eligible Indian students served or potentially served by a contracting party, the Secretary shall determine the number of eligible Indian students served by the contracting party based on the reported eligible Indian student count numbers identified through the reporting process described in subsection (c). (c) Contracting party student count reporting compliance(1) In generalFor each academic year following the fiscal year for which an initial determination is made under subsection (b) to determine the number of eligible Indian students served or potentially served by a contracting party, the contracting party shall submit to the Secretary a report describing the number of eligible Indian students who were served using amounts allocated to such party under sections 5342 to 5348 of this title during the previous fiscal year. The report shall also include an accounting of the amounts and purposes for which the contract funds were expended. (2) Failure to complyA contracting party that fails to submit a report under paragraph (1) shall receive no amounts under sections 5342 to 5348 of this title for the fiscal year following the academic year for which the report should have been submitted. (3) NoticeThe Secretary shall provide contracting parties with timely information relating to—(A) initial and final reporting deadlines; and (B) the consequences of failure to comply outlined in paragraph (2). (4) Technical assistanceThe Secretary, acting through the Director of the Bureau of Indian Education, shall provide technical assistance and training on compliance with the reporting requirements of this subsection to contracting parties. (d) Annual report(1) In generalThe Secretary shall prepare an annual report, including the most recent determination of the number of eligible Indian students served by each contracting party, recommendations on appropriate funding levels for the program based on such determination, and an assessment of the contracts under sections 5342 to 5348 of this title that the Secretary—(A) may include in the budget request of the Department of the Interior for each fiscal year; (B) shall submit to—(i) the Committee on Indian Affairs of the Senate; (ii) the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations of the Senate; (iii) the Committee on Education and the Workforce of the House of Representatives; and (iv) the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations of the House of Representatives; and (C) shall make publicly available. (2) Manner of preparationThe Secretary shall prepare the report under paragraph (1) in a manner so as to prevent or minimize new administrative burdens on contracting parties receiving funds under sections 5342 to 5348 of this title. (e) Hold harmless(1) Initial hold harmless(A) In generalExcept as provided under subparagraph (B) and subject to subparagraphs (C) and (D), for a fiscal year, an existing contracting party shall not receive an amount under sections 5342 to 5348 of this title that is less than the amount that such existing contracting party received under sections 5342 to 5348 of this title for the fiscal year preceding December 31, 2018. (B) Exceptions(i) In generalAn existing contracting party shall receive an amount under sections 5342 to 5348 of this title for a fiscal year that is less than the amount that the existing contracting party received under sections 5342 to 5348 of this title for the fiscal year preceding December 31, 2018, if one or more of the following conditions is met:(I) Failure to reportThe existing contracting party failed to submit a complete report described in subsection (c) that was most recently due from the date of the determination. (II) Violations of contract or lawThe Secretary has found that the existing contracting party has violated the terms of a contract entered into under sections 5342 to 5348 of this title or has otherwise violated Federal law. (III) Student count decreaseThe number of eligible Indian students reported by such existing contracting party under subsection (c) has decreased below the number of eligible Indian students served by the existing contracting party in the fiscal year preceding December 31, 2018. (ii) Amount of funding reduction for existing contracting parties reporting decreased student countsA reduction in an amount pursuant to clause (i)(III) shall not be done in such a manner that the existing contracting party receives an amount of funding per eligible Indian student that is less than the amount of funding per eligible Indian student such party received for the fiscal year preceding December 31, 2018. (C) Ratable reductions in appropriationsIf the funds available under sections 5342 to 5348 of this title for a fiscal year are insufficient to pay the full amounts that all existing contracting parties are eligible to receive under subparagraph (A) for the fiscal year, the Secretary shall ratably reduce those amounts for the fiscal year. (D) SunsetThis paragraph shall cease to be effective 4 years after December 31, 2018. (2) Maximum decrease after 4 yearsBeginning 4 years after December 31, 2018, no contracting party shall receive for a fiscal year more than a 10 percent decrease in funding per eligible Indian student from the previous fiscal year. (f) Funding allocation and reform(1) Funding reformThe Secretary may make recommendations for legislation to increase the amount of funds available per eligible Indian student through contracts under sections 5342 to 5348 of this title to equal to or greater than the amount of funds that were available per eligible Indian student through contracts under sections 5342 to 5348 of this title for fiscal year 1995, and attempt to identify additional sources of funding that do not reallocate existing funds otherwise utilized by Indian students served—(A) by the Bureau of Indian Education; or (B) under title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7401 et seq.). (2) Increases in program funding(A) In generalSubject to subsection (e) and subparagraph (B), for any fiscal year for which the amount appropriated to carry out sections 5342 to 5348 of this title exceeds the amount appropriated to carry out sections 5342 to 5348 of this title for the preceding fiscal year, the excess amounts shall—(i) be allocated only to those contracting parties that did not receive their full per student funding allocation for the previous fiscal year; and (ii) be allocated first to new contracting parties that did not receive their full per student funding allocation for the previous fiscal year. (B) Parity in fundingSubparagraph (A) shall have no effect after the first fiscal year for which each contracting party receives their full per student funding allocation. (g) Increased geographical and tribal participation in the Johnson-O’Malley supplementary education programTo the maximum extent practicable, the Secretary shall consult with Indian tribes and contact State educational agencies, local educational agencies, and Alaska Native organizations that have not previously entered into a contract under sections 5342 to 5348 of this title—(1) to determine the interest of the Indian tribes, State educational agencies, local educational agencies, and Alaska Native organizations, in entering into such contracts; and (2) to share information relating to the process for entering into a contract under sections 5342 to 5348 of this title. (h) Rulemaking(1) In generalNot later than 1 year after December 31, 2018, the Secretary, acting through the Director of the Bureau of Indian Education, shall undertake and complete a rulemaking process, following the provisions of subchapter II of chapter 5 of title 5, to—(A) determine how the regulatory definition of “eligible Indian student” may be revised to clarify eligibility requirements for contracting parties under sections 5342 to 5348 of this title; (B) determine, as necessary, how the funding formula described in section 273.31 of title 25, Code of Federal Regulations (as in effect on the day before December 31, 2018) may be clarified and revised to ensure full participation of contracting parties and provide clarity on the funding process under sections 5342 to 5348 of this title; and (C) otherwise reconcile and modernize the rules to comport with the activities of the contracting parties under sections 5342 to 5348 of this title as of December 31, 2018. (2) ReportNot later than 30 days after the date the rulemaking under paragraph (1) is complete, the Secretary shall submit a report to Congress describing the results of such rulemaking and necessary recommendations to ensure the full implementation of such rulemaking. (i) Student privacyThe Secretary shall ensure that data is collected and each report is prepared under this section in a manner that protects the rights of eligible Indian students in accordance with section 1232g of title 20 (commonly referred to as the Family Educational Rights and Privacy Act of 1974). (j) GAO ReportNot later than 18 months after the final report described in subsection (b)(1)(B)(iv) is published, the Comptroller General shall—(1) conduct a review of the implementation of this section during the preceding 2-year period, including any factors impacting—(A) the accuracy of the determinations of the number of eligible Indian students under this section; (B) the communication between the Bureau of Indian Education and contracting parties; and (C) the efforts by the Bureau of Indian Education to ensure accurate and sufficient distribution of funding for Indian students; (2) submit a report describing the results of the review under paragraph (1) to—(A) the Committee on Indian Affairs of the Senate; (B) the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations of the Senate; (C) the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources of the House of Representatives; and (D) the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations of the House of Representatives; and (3) make such report publicly available. (k) EffectNothing in this section—(1) creates a new program or duplicates program activities under sections 5342 to 5348 of this title; or (2) replaces or diminishes the effect of regulations to carry out sections 5342 to 5348 of this title existing on the day before December 31, 2018, unless expressly provided in this section.