U.S Code last checked for updates: May 30, 2024
§ 2008.
Administrative cost grants
(a)
Definitions
In this section:
(1)
Administrative cost
(A)
In general
The term “administrative cost” means the cost of necessary administrative functions which—
(i)
the tribe or tribal organization incurs as a result of operating a tribal elementary or secondary educational program;
(ii)
are not customarily paid by comparable Bureau-operated programs out of direct program funds; and
(iii)
are either—
(I)
normally provided for comparable Bureau programs by Federal officials using resources other than Bureau direct program funds; or
(II)
are otherwise required of tribal self-determination program operators by law or prudent management practice.
(B)
Inclusions
The term “administrative cost” may include—
(i)
contract or grant (or other agreement) administration;
(ii)
executive, policy, and corporate leadership and decisionmaking;
(iii)
program planning, development, and management;
(iv)
fiscal, personnel, property, and procurement management;
(v)
related office services and record keeping; and
(vi)
costs of necessary insurance, auditing, legal, safety and security services.
(2)
Bureau elementary and secondary functions
The term “Bureau elementary and secondary functions” means—
(A)
all functions funded at Bureau schools by the Office;
(B)
all programs—
(i)
funds for which are appropriated to other agencies of the Federal Government; and
(ii)
which are administered for the benefit of Indians through Bureau schools; and
(C)
all operation, maintenance, and repair funds for facilities and Government quarters used in the operation or support of elementary and secondary education functions for the benefit of Indians, from whatever source derived.
(3)
Direct cost base
(A)
In general
Except as otherwise provided in subparagraph (B), the direct cost base of a tribe or tribal organization for the fiscal year is the aggregate direct cost program funding for all tribal elementary or secondary educational programs operated by the tribe or tribal organization during—
(i)
the second fiscal year preceding such fiscal year; or
(ii)
if such programs have not been operated by the tribe or tribal organization during the 2 preceding fiscal years, the first fiscal year preceding such fiscal year.
(B)
Functions not previously operated
(4)
Maximum base rate
(5)
Minimum base rate
(6)
Standard direct cost base
(7)
Tribal elementary or secondary educational programs
(b)
Grants; effect upon appropriated amounts
(1)
Grants
Subject to the availability of funds, the Secretary shall provide grants to each tribe or tribal organization operating a contract school or grant school in the amount determined under this section with respect to the tribe or tribal organization for the purpose of paying the administrative and indirect costs incurred in operating contract or grant schools, provided that no school operated as a stand-alone institution shall receive less than $200,000 per year for these purposes, in order to—
(A)
enable tribes and tribal organizations operating such schools, without reducing direct program services to the beneficiaries of the program, to provide all related administrative overhead services and operations necessary to meet the requirements of law and prudent management practice; and
(B)
carry out other necessary support functions which would otherwise be provided by the Secretary or other Federal officers or employees, from resources other than direct program funds, in support of comparable Bureau-operated programs.
(2)
Effect upon appropriated amounts
(c)
Determination of grant amount
(1)
In general
(2)
Direct cost base funds
The Secretary shall—
(A)
reduce the amount of the grant determined under paragraph (1) to the extent that payments for administrative costs are actually received by an Indian tribe or tribal organization under any Federal education program included in the direct cost base of the tribe or tribal organization; and
(B)
take such actions as may be necessary to be reimbursed by any other department or agency of the Federal Government for the portion of grants made under this section for the costs of administering any program for Indians that is funded by appropriations made to such other department or agency.
(d)
Administrative cost percentage rate
(1)
In general
For purposes of this section, the administrative cost percentage rate for a contract or grant school for a fiscal year is equal to the percentage determined by dividing—
(A)
the sum of—
(i)
the amount equal to—
(I)
the direct cost base of the tribe or tribal organization for the fiscal year, multiplied by
(II)
the minimum base rate; plus
(ii)
the amount equal to—
(I)
the standard direct cost base; multiplied by
(II)
the maximum base rate; by
(B)
the sum of—
(i)
the direct cost base of the tribe or tribal organization for the fiscal year; plus
(ii)
the standard direct cost base.
(2)
Rounding
(3)
Applicability
(e)
Combining funds
(1)
In general
(2)
Indirect cost funds
(f)
Availability of funds
(g)
Treatment of funds
(h)
Treatment of entity operating other programs
In applying this section and section 106 of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5325] with respect to an Indian tribe or tribal organization that—
(1)
receives funds under this section for administrative costs incurred in operating a contract or grant school or a school operated under the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.]; and
(2)
operates one or more other programs under a contract or grant provided under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.],
the Secretary shall ensure that the Indian tribe or tribal organization is provided with the full amount of the administrative costs that are associated with operating the contract or grant school, and of the indirect costs, that are associated with all of such other programs, except that funds appropriated for implementation of this section shall be used only to supply the amount of the grant required to be provided by this section.
(i)
Studies for determination of factors affecting costs; base rates limits; standard direct cost base; report to Congress
(1)
Studies
Not later than 120 days after January 8, 2002, the Director of the Office of Indian Education Programs shall—
(A)
conduct such studies as may be needed to establish an empirical basis for determining relevant factors substantially affecting required administrative costs of tribal elementary and secondary education programs, using the formula set forth in subsection (c); and
(B)
conduct a study to determine—
(i)
a maximum base rate which ensures that the amount of the grants provided under this section will provide adequate (but not excessive) funding of the administrative costs of the smallest tribal elementary or secondary educational programs;
(ii)
a minimum base rate which ensures that the amount of the grants provided under this section will provide adequate (but not excessive) funding of the administrative costs of the largest tribal elementary or secondary educational programs; and
(iii)
a standard direct cost base which is the aggregate direct cost funding level for which the percentage determined under subsection (d) will—
(I)
be equal to the median between the maximum base rate and the minimum base rate; and
(II)
ensure that the amount of the grants provided under this section will provide adequate (but not excessive) funding of the administrative costs of tribal elementary or secondary educational programs closest to the size of the program.
(2)
Guidelines
The studies required under paragraph (1) shall—
(A)
be conducted in full consultation (in accordance with section 2011 of this title) with—
(i)
the tribes and tribal organizations that are affected by the application of the formula set forth in subsection (c); and
(ii)
all national and regional Indian organizations of which such tribes and tribal organizations are typically members;
(B)
be conducted onsite with a representative statistical sample of the tribal elementary or secondary educational programs under a contract entered into with a nationally reputable public accounting and business consulting firm;
(C)
take into account the availability of skilled labor commodities, business and automatic data processing services, related Indian preference and Indian control of education requirements, and any other market factors found to substantially affect the administrative costs and efficiency of each such tribal elementary or secondary educational program studied in order to ensure that all required administrative activities can reasonably be delivered in a cost effective manner for each such program, given an administrative cost allowance generated by the values, percentages, or other factors found in the studies to be relevant in such formula;
(D)
identify, and quantify in terms of percentages of direct program costs, any general factors arising from geographic isolation, or numbers of programs administered, independent of program size factors used to compute a base administrative cost percentage in such formula; and
(E)
identify any other incremental cost factors substantially affecting the costs of required administrative cost functions at any of the tribal elementary or secondary educational programs studied and determine whether the factors are of general applicability to other such programs, and (if so) how the factors may effectively be incorporated into such formula.
(3)
Consultation with Inspector General
(4)
Consideration of delivery of administrative services
(5)
Report
(6)
Projection of costs
(7)
Determination of program size
(j)
Authorization of appropriations
(1)
In general
(2)
Reductions
(k)
Applicability to schools operating under Tribally Controlled Schools Act of 1988
(l)
Administrative cost grant budget requests
(1)
In general
(2)
Requirements
(A)
Funding for new conversions to contract or grant school operations
(B)
Funding for continuing contract and grant school operations
(Pub. L. 95–561, title XI, § 1128, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2032.)
cite as: 25 USC 2008