U.S Code last checked for updates: May 30, 2024
§ 2005.
Facilities construction
(a)
National survey of facilities conditions
(1)
In general
(2)
Data and methodologies
In preparing the national survey required under paragraph (1), the Government Accountability Office shall use the following data and methodologies:
(A)
The existing Department of Defense formula for determining the condition and adequacy of Department of Defense facilities.
(B)
Data related to conditions of Bureau-funded schools that has previously been compiled, collected, or secured from whatever source derived so long as the data are accurate, relevant, timely, and necessary to the survey.
(C)
The methodologies of the American Institute of Architects, or other accredited and reputable architecture or engineering associations.
(3)
Consultations
(A)
In general
(B)
Requests for information
(4)
Submission
(5)
Negotiated rulemaking committee
(A)
In general
Not later than 6 months after the date on which the submission is made under paragraph (4), the Secretary shall establish a negotiated rulemaking committee pursuant to section 2018(b)(3) of this title. The negotiated rulemaking committee shall prepare and submit to the Secretary the following:
(i)
A catalog of the condition of school facilities at all Bureau-funded schools that—
(I)
incorporates the findings from the Government Accountability Office study evaluating and comparing school systems of the Department of Defense and the Bureau of Indian Affairs;
(II)
rates such facilities with respect to the rate of deterioration and useful life of structures and major systems;
(III)
establishes a routine maintenance schedule for each facility;
(IV)
identifies the complementary educational facilities that do not exist but that are needed; and
(V)
makes projections on the amount of funds needed to keep each school viable, consistent with the accreditation standards required pursuant to this Act.
(ii)
A school replacement and new construction report that determines replacement and new construction need, and a formula for the equitable distribution of funds to address such need, for Bureau-funded schools. Such formula shall utilize necessary factors in determining an equitable distribution of funds, including—
(I)
the size of school;
(II)
school enrollment;
(III)
the age of the school;
(IV)
the condition of the school;
(V)
environmental factors at the school; and
(VI)
school isolation.
(iii)
A renovation repairs report that determines renovation need (major and minor), and a formula for the equitable distribution of funds to address such need, for Bureau-funded schools. Such report shall identify needed repairs or renovations with respect to a facility, or a part of a facility, or the grounds of the facility, to remedy a need based on disabilities access or health and safety changes to a facility. The formula developed shall utilize necessary factors in determining an equitable distribution of funds, including the factors described in clause (ii).
(B)
Submission of reports
(6)
Facilities information systems support database
(b)
Compliance with health and safety standards
(1)
In general
The Secretary shall immediately begin to bring all schools, dormitories, and other Indian education-related facilities operated by the Bureau or under contract or grant with the Bureau, into compliance with—
(A)
all applicable tribal, Federal, or State health and safety standards, whichever provides greater protection (except that the tribal standards to be applied shall be no greater than any otherwise applicable Federal or State standards);
(C)
the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.].
(2)
No termination required
Nothing in this subsection requires termination of the operations of any facility that—
(A)
does not comply with the provisions and standards described in paragraph (1); and
(B)
is in use on January 8, 2002.
(c)
Compliance plan
At the time that the annual budget request for Bureau educational services is presented, the Secretary shall submit to the appropriate committees of Congress a detailed plan to bring all facilities covered under subsection (a) into compliance with the standards referred to in that subsection that includes—
(1)
detailed information on the status of each facility’s compliance with such standards;
(2)
specific cost estimates for meeting such standards at each school; and
(3)
specific timelines for bringing each school into compliance with such standards.
(d)
Construction priorities
(1)
System to establish priorities
(2)
Long-term construction and replacement list
In addition to the plan submitted under subsection (c), the Secretary shall—
(A)
not later than 18 months after January 8, 2002, establish a long-term construction and replacement list for all Bureau-funded schools;
(B)
using the list prepared under subparagraph (A), propose a list for the orderly replacement of all Bureau-funded education-related facilities over a period of 40 years to enable planning and scheduling of budget requests;
(C)
cause the list prepared under subparagraph (B) to be published in the Federal Register and allow a period of not less than 120 days for public comment;
(D)
make such revisions to the list prepared under subparagraph (B) as are appropriate based on the comments received; and
(E)
cause the final list to be published in the Federal Register.
(3)
(e)
Hazardous condition at Bureau-funded school
(1)
Closure, consolidation, or curtailment
(A)
In general
(B)
Designation of individual by tribe
To be designated by a tribe for purposes of subparagraph (A), an individual shall—
(i)
be a licensed or certified facilities safety inspector;
(ii)
have demonstrated experience in the inspection of facilities for health and safety purposes with respect to occupancy; or
(iii)
have a significant educational background in the health and safety of facilities with respect to occupancy.
(C)
Inspection
(D)
Failure to concur
(E)
Consideration by tribal governing body
(F)
Agreement to close, consolidate, or curtail
(i)
In general
(ii)
Reopening of facility if no immediate hazard found to exist
(G)
General closure report
If a Bureau-funded school is temporarily closed or consolidated or the programs of a Bureau-funded school are temporarily substantially curtailed under this subsection and the Secretary determines that the closure, consolidation, or curtailment will exceed 1 year, the Secretary shall submit to the appropriate committees of Congress, the affected tribe, and the local school board, not later than 90 days after the date on which the closure, consolidation, or curtailment was initiated, a report that specifies—
(i)
the reasons for such temporary action;
(ii)
the actions the Secretary is taking to eliminate the conditions that constitute the hazard;
(iii)
an estimated date by which the actions described in clause (ii) will be concluded; and
(iv)
a plan for providing alternate education services for students enrolled at the school that is to be closed.
(2)
Nonapplication of certain standards for temporary facility use
(A)
Classroom activities
(B)
Administrative activities
(C)
Temporary
In this paragraph, the term “temporary” means—
(i)
with respect to a school that is to be closed for not more than 1 year, 3 months or less; and
(ii)
with respect to a school that is to be closed for not less than 1 year, a time period determined appropriate by the Bureau.
(3)
Treatment of closure
(4)
Use of funds
(f)
Funding requirement
(1)
Distribution of funds
(2)
Requirements for certain uses
(g)
No reduction in Federal funding
(Pub. L. 95–561, title XI, § 1125, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2021; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
cite as: 25 USC 2005