U.S Code last checked for updates: May 28, 2024
§ 2502.
Grants authorized
(a)
In general
(1)
Eligibility
The Secretary shall provide grants to Indian tribes, and tribal organizations that—
(A)
operate contract schools under title XI of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.] and notify the Secretary of their election to operate the schools with assistance under this chapter rather than continuing the schools as contract schools;
(B)
operate other tribally controlled schools eligible for assistance under this chapter and submit applications (which are approved by their tribal governing bodies) to the Secretary for such grants; or
(C)
elect to assume operation of Bureau-funded schools with the assistance under this chapter and submit applications (which are approved by their tribal governing bodies) to the Secretary for such grants.
(2)
Deposit of funds
(3)
Use of funds
(A)
In general
Except as otherwise provided in this paragraph, grants provided under this chapter shall be used to defray, at the discretion of the school board of the tribally controlled school with respect to which the grant is provided, any expenditures for education related activities for which any funds that compose the grant may be used under the laws described in section 2504(a) of this title, including expenditures for—
(i)
school operations, academic, educational, residential, guidance and counseling, and administrative purposes; and
(ii)
support services for the school, including transportation.
(B)
Exception
(b)
Limitations
(1)
One grant per tribe or organization per fiscal year
(2)
Nonsectarian use
(3)
Administrative costs limitation
(c)
Limitation on transfer of funds among school sites
(1)
In general
In the case of a grantee that operates schools at more than one school site, the grantee may expend at any school site operated by the grantee not more than the lesser of—
(A)
10 percent of the funds allocated for another school site under section 1128 of the Education Amendments of 1978 [25 U.S.C. 2008]; or
(B)
$400,000 of the funds allocated for another school site.
(2)
Definition of school site
(d)
No requirement to accept grants
Nothing in this chapter may be construed—
(1)
to require a tribe or tribal organization to apply for or accept; or
(2)
to allow any person to coerce any tribe or tribal organization to apply for, or accept,
a grant under this chapter to plan, conduct, and administer all of, or any portion of, any Bureau program. Such applications and the timing of such applications shall be strictly voluntary. Nothing in this chapter may be construed as allowing or requiring any grant with any entity other than the entity to which the grant is provided.
(e)
No effect on Federal responsibility
(f)
Retrocession
(1)
In general
(2)
Status after retrocession
(3)
Transfer of equipment and materials
Except as otherwise determined by the Secretary, the tribe or tribal organization operating the program to be retroceded must transfer to the Secretary (or to the tribe or tribal organization which will operate the program as a contract school) the existing equipment and materials which were acquired—
(A)
with assistance under this chapter; or
(B)
upon assumption of operation of the program under this chapter, if the school was a Bureau-funded school under title XI of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.] before receiving assistance under this chapter.
(g)
Prohibition of termination for administrative convenience
(Pub. L. 100–297, title V, § 5203, as added Pub. L. 107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2064.)
cite as: 25 USC 2502