U.S Code last checked for updates: May 24, 2024
§ 2010.
Uniform direct funding and support
(a)
Establishment of system and forward funding
(1)
In general
(2)
Timing for use of funds
(A)
Availability
For the purposes of affording adequate notice of funding available pursuant to the allotments made under section 2007 of this title and the allotments of funds for operation and maintenance of facilities, amounts appropriated in an appropriations Act for any fiscal year for such allotments—
(i)
shall become available for obligation by the affected schools on July 1 of the fiscal year for which such allotments are appropriated without further action by the Secretary; and
(ii)
shall remain available for obligation through the succeeding fiscal year.
(B)
Publications
The Secretary shall, on the basis of the amounts appropriated as described in this paragraph—
(i)
publish, not later than July 1 of the fiscal year for which the amounts are appropriated, information indicating the amount of the allotments to be made to each affected school under section 2007 of this title, of 80 percent of such appropriated amounts; and
(ii)
publish, not later than September 30 of such fiscal year, information indicating the amount of the allotments to be made under section 2007 of this title, from the remaining 20 percent of such appropriated amounts, adjusted to reflect the actual student attendance.
(C)
Overpayments
(3)
Limitation
(A)
Expenditures
Notwithstanding any other provision of law (including a regulation), the supervisor of a Bureau-operated school may expend an aggregate of not more than $50,000 of the amount allotted to the school under section 2007 of this title to acquire materials, supplies, equipment, operation services, maintenance services, and other services for the school, and amounts received as operations and maintenance funds, funds received from the Department of Education, or funds received from other Federal sources, without competitive bidding if—
(i)
the cost for any single item acquired does not exceed $15,000;
(ii)
the school board approves the acquisition;
(iii)
the supervisor certifies that the cost is fair and reasonable;
(iv)
the documents relating to the acquisition executed by the supervisor of the school or other school staff cite this paragraph as authority for the acquisition; and
(v)
the acquisition transaction is documented in a journal maintained at the school that clearly identifies when the transaction occurred, the item that was acquired and from whom, the price paid, the quantities acquired, and any other information the supervisor or the school board considers to be relevant.
(B)
Notice
(C)
Application and guidelines
The Director of the Office shall be responsible for—
(i)
determining the application of this paragraph, including the authorization of specific individuals to carry out this paragraph;
(ii)
ensuring that there is at least one such individual at each Bureau facility; and
(iii)
the provision of guidelines on the use of this paragraph and adequate training on such guidelines.
(4)
Effect of sequestration order
If a sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 reduces the amount of funds available for allotment under section 2007 of this title for any fiscal year by more than 7 percent of the amount of funds available for allotment under such section during the preceding fiscal year—
(A)
to fund allotments under section 2007 of this title, the Secretary, notwithstanding any other law, may use—
(i)
funds appropriated for the operation of any Bureau-funded school that is closed or consolidated; and
(ii)
funds appropriated for any program that has been curtailed at any Bureau school; and
(B)
the Secretary may waive the application of the provisions of section 2001(h) of this title with respect to the closure or consolidation of a school, or the curtailment of a program at a school, during such fiscal year if the funds described in clauses (i) and (ii) of subparagraph (A) with respect to such school are used to fund allotments made under section 2007 of this title for such fiscal year.
(b)
Local financial plans for expenditure of funds
(1)
Plan required
(2)
Requirement
(3)
Preparation and revision
(A)
In general
(B)
Authority of school board
(4)
Role of supervisor
The supervisor of the school—
(A)
shall implement the decisions of the school board relating to the financial plan under paragraph (1);
(B)
shall provide the appropriate local union representative of the education employees of the school with copies of proposed financial plans relating to the school and all modifications and proposed modifications to the plans, and at the same time submit such copies to the local school board; and
(C)
may appeal any such action of the local school board to the appropriate education line officer of the Bureau agency by filing a written statement describing the action and the reasons the supervisor believes such action should be overturned.
(5)
Statements
(A)
In general
(B)
Overturned actions
(C)
Transmission of determination
(c)
Tribal division of education, self-determination grant and contract funds
(d)
Technical assistance and training
(e)
Summer program of academic and support services
(1)
Plan
(A)
In general
(B)
Prevention activities
(C)
Summer use
(2)
Use of other funds
(3)
Technical assistance and program coordination
The Assistant Secretary for Indian Affairs, acting through the Director of the Office, shall—
(A)
provide technical assistance and coordination for any program described in paragraph (1); and
(B)
to the extent practicable, encourage the coordination of such programs with any other summer programs that might benefit Indian youth, regardless of the funding source or administrative entity of any such program.
(f)
Cooperative agreements
(1)
Implementation
(A)
In general
(B)
Terms
(2)
Coordination provisions
An agreement under paragraph (1) may, with respect to the Bureau school and schools in the school district involved, encompass coordination of all or any part of the following:
(A)
The academic program and curriculum, unless the Bureau school is accredited by a State or regional accrediting entity and would not continue to be so accredited if the agreement encompassed the program and curriculum.
(B)
Support services, including procurement and facilities maintenance.
(C)
Transportation.
(3)
Equal benefit and burden
(A)
In general
(B)
Limitation
(g)
Product or result of student projects
(h)
Matching fund requirements
(1)
Not considered Federal funds
(2)
Limitation
(Pub. L. 95–561, title XI, § 1130, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2039.)
cite as: 25 USC 2010