§2504. 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) the total amount of funds allocated for such fiscal year under sections 1128 ¹ and 1128A ¹ of the Education Amendments of 1978 with respect to the tribally controlled schools eligible for assistance under this chapter that 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) to the extent requested by such Indian tribe or tribal organization, the total amount of funds provided from operations and maintenance accounts and, notwithstanding section 450j of this title, or any other provision of law, other facilities accounts for such schools for such fiscal year (including but not limited to all those referenced under section 1126(d) of the Education Amendments of 1978 [25 U.S.C. 2006(d)], or any other law), and

(3) the total amount of funds provided under-

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

(B) the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.], and

(C) any other Federal education law,

that are allocated to such schools for such fiscal year.

(b) Special rules

(1) In the allocation of funds under sections 1128,¹ 1128A,¹ and 1126(d) [25 U.S.C. 2006(d)] of the Education Amendments of 1978, tribally controlled schools for which grants are provided under this chapter shall be treated as contract schools.

(2) In the allocation of funds provided under-

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

(B) the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.], and

(C) any other Federal education law,

that are distributed through the Bureau, tribally controlled schools for which grants are provided under this chapter shall be treated as Bureau schools.

(3)(A) Funds allocated to a tribally controlled school by reason of paragraph (1) or (2) 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) title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.],

(ii) the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.], or

(iii) any Federal education law other than title XI of the Education Amendments of 1978 [25 U.S.C. 2001 et seq.].

(B) 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).

(4) Notwithstanding the provision of paragraph ² 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 under such paragraph (a)(2),³ the grantee shall maintain a separate account for such funds and shall, at the end of the period designated for the work covered by the funds received, render a separate accounting of the work done and the funds used to the Secretary. Funds received from these accounts may only be used for the purposes for which they were appropriated and for the work encompassed by the application or submission under which they were received, except that a school receiving a grant under this chapter for facilities improvement and repair may use such grant funds for new construction if the tribal government or other organization provides funding for the new construction equal to at least one-fourth of the total cost of such new construction. Where the appropriations measure or the application submission does not stipulate a period for the work covered by the funds so designated, the Secretary and the grantee shall consult and determine such a period prior to the transfer of funds: Provided, That such period may be extended upon mutual agreement.

(5) If the Secretary fails to make a determination within 180 days of a request filed by an Indian tribe or tribal organization to include in such tribe or organization's grant the funds described in subsection (a)(2) of this section, the Secretary shall be deemed to have approved such request and the Secretary shall immediately amend the grant accordingly. Such tribe or organization may enforce its rights under subsection (a)(2) of this section and this paragraph, including any denial of or failure to act on such tribe or organization's request, pursuant to the disputes authority described in section 2508(e) of this title.

( Pub. L. 100–297, title V, §5205, Apr. 28, 1988, 102 Stat. 387 ; Pub. L. 100–427, §10(c), Sept. 9, 1988, 102 Stat. 1608 ; Pub. L. 101–301, §5(g), May 24, 1990, 104 Stat. 209 ; Pub. L. 102–119, §26(f), Oct. 7, 1991, 105 Stat. 607 ; Pub. L. 103–382, title III, §§382(a), (b), 394(m)(2), Oct. 20, 1994, 108 Stat. 4017 , 4029.)

References in Text

The Education Amendments of 1978, referred to in subsecs. (a)(1) and (b)(1), (3)(A)(iii), is Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143 , as amended. Title XI of the Act is classified principally to chapter 22 (§2001 et seq.) of this title. Sections 1128 and 1128A of the Act were classified to sections 2008 and 2008a, respectively, of this title, prior to the general amendment of part B of such title XI, which is classified to chapter 22 (§2001 et seq.) of this title, by Pub. L. 103–382, title III, §381, Oct. 20, 1994, 108 Stat. 3979 . Pub. L. 103–382 enacted new sections 1127, relating to allotment formulas, and 1128, relating to administrative cost grants, of the Act which are classified to sections 2007 and 2008, respectively, of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20, Education, and Tables.

The Elementary and Secondary Education Act of 1965, referred to in subsecs. (a)(3)(A) and (b)(2)(A), (3)(A)(i), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27 , as amended generally by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3519 . Title I of the Act is classified generally to subchapter I (§6301 et seq.) of chapter 70 of Title 20. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables.

The Individuals with Disabilities Education Act, referred to in subsecs. (a)(3)(B) and (b)(2)(B), (3)(A)(ii), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175 , as amended, which is classified generally to chapter 33 (§1400 et seq.) of Title 20. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.

Amendments

1994-Subsecs. (a)(3)(A), (b)(2)(A), (3)(A)(i). Pub. L. 103–382, §394(m)(2), substituted "title I" for "chapter 1 of title I".

Subsec. (b)(4). Pub. L. 103–382, §382(a), substituted "were received, except that a school receiving a grant under this chapter for facilities improvement and repair may use such grant funds for new construction if the tribal government or other organization provides funding for the new construction equal to at least one-fourth of the total cost of such new construction" for "were received".

Subsec. (b)(5). Pub. L. 103–382, §382(b), added par. (5).

1991-Subsecs. (a)(3)(B), (b)(2)(B), (3)(A)(ii). Pub. L. 102–119 substituted "Individuals with Disabilities Education Act" for "Education of the Handicapped Act".

1990-Subsec. (a)(2). Pub. L. 101–301, §5(g)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "to the extent requested by such Indian tribe or tribal organization, the total amount of funds provided from operations and maintenance accounts and other facilities accounts for such schools for such fiscal year under section 1126(d) of the Education Amendments of 1978 or under any other law, and".

Subsec. (b)(4). Pub. L. 101–301, §5(g)(2), added par. (4).

1988-Subsec. (b)(3)(A)(i). Pub. L. 100–427 inserted "chapter 1 of" before "title I".

Section Referred to in Other Sections

This section is referred to in section 2503 of this title.

¹ See References in Text note below.

² So in original. Probably should be "section".

³ So in original. Probably should be "section 2503(a)(2),".