U.S Code last checked for updates: May 28, 2024
§ 2021.
For the purposes of this chapter, unless otherwise specified:
Agency school board
The term “agency school board” means a body—
the members of which are appointed by all of the school boards of the schools located within an agency, including schools operated under contract or grant; and
the number of such members is determined by the Secretary, in consultation with the affected tribes;
except that, in agencies serving a single school, the school board of such school shall fulfill these duties, and in agencies having schools or a school operated under contract or grant, one such member at least shall be from such a school.
Bureau-funded school
The term “Bureau-funded school” means—
a Bureau school;
a contract or grant school; or
a school for which assistance is provided under the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.].
Bureau school
Complementary educational facilities
Contract or grant school
Education line officer
Family literacy services
Financial plan
Indian organization
Inherently Federal functions
The term “inherently Federal functions” means functions and responsibilities which, under section 2006(c) of this title, are noncontractable, including—
the allocation and obligation of Federal funds and determinations as to the amounts of expenditures;
the administration of Federal personnel laws for Federal employees;
the administration of Federal contracting and grant laws, including the monitoring and auditing of contracts and grants in order to maintain the continuing trust, programmatic, and fiscal responsibilities of the Secretary;
the conducting of administrative hearings and deciding of administrative appeals;
the determination of the Secretary’s views and recommendations concerning administrative appeals or litigation and the representation of the Secretary in administrative appeals and litigation;
the issuance of Federal regulations and policies as well as any documents published in the Federal Register;
reporting to Congress and the President;
the formulation of the Secretary’s and the President’s policies and their budgetary and legislative recommendations and views; and
the nondelegable statutory duties of the Secretary relating to trust resources.
Local educational agency
Local school board
The term “local school board”, when used with respect to a Bureau school, means a body chosen in accordance with the laws of the tribe to be served or, in the absence of such laws, elected by the parents of the Indian children attending the school, except that, for a school serving a substantial number of students from different tribes—
the members of the body shall be appointed by the tribal governing bodies of the tribes affected; and
the number of such members shall be determined by the Secretary in consultation with the affected tribes.
In general
Rule of construction
Tribal governing body
(Pub. L. 95–561, title XI, § 1141, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2061; amended Pub. L. 114–95, title IX, § 9215(cc)(2), Dec. 10, 2015, 129 Stat. 2173.)
cite as: 25 USC 2021