25 U.S.C. § 2011 : US Code - Section 2011: Policy for Indian control of Indian education

Search 25 U.S.C. § 2011 : US Code - Section 2011: Policy for Indian control of Indian education

(a) Facilitation of Indian control
It shall be the policy of the United States acting through the
Secretary, in carrying out the functions of the Bureau, to
facilitate Indian control of Indian affairs in all matters relating
to education.
(b) Consultation with tribes
(1) In general
All actions under this Act shall be done with active
consultation with tribes. The United States acting through the
Secretary and tribes shall work in a government-to-government
relationship to ensure quality education for all tribal members.
(2) Requirements
(A) Definition of consultation
In this subsection, the term "consultation" means a process
involving the open discussion and joint deliberation of all
options with respect to potential issues or changes between the
Bureau and all interested parties.
(B) Discussion and joint deliberation
During discussions and joint deliberations, interested
parties (including tribes and school officials) shall be given
an opportunity -
(i) to present issues (including proposals regarding
changes in current practices or programs) that will be
considered for future action by the Secretary; and
(ii) to participate and discuss the options presented, or
to present alternatives, with the views and concerns of the
interested parties given effect unless the Secretary
determines, from information available from or presented by
the interested parties during one or more of the discussions
and deliberations, that there is a substantial reason for
another course of action.
(C) Explanation by Secretary
The Secretary shall submit to any Member of Congress, within
18 days of the receipt of a written request by such Member, a
written explanation of any decision made by the Secretary which
is not consistent with the views of the interested parties
described in subparagraph (B).
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