Notes on 25 U.S.C. § 2501 : US Code - Notes

Search Notes on 25 U.S.C. § 2501 : US Code - Notes

(Pub. L. 100-297, title V, Sec. 5202, as added Pub. L. 107-110,
title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2063.)
REFERENCES IN TEXT
The Indian Self-Determination and Education Assistance Act,
referred to in subsec. (a), is Pub. L. 93-638, Jan. 4, 1975, 88
Stat. 2203, as amended, which is classified principally to
subchapter II (Sec. 450 et seq.) of chapter 14 of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 450 of this title and Tables.
House Concurrent Resolution 108 of the 83rd Congress, referred to
in subsec. (f), is H. Con. Res. 108, Eighty-third Congress, Aug. 1,
1953, 67 Stat. B132, which is not classified to the Code.
PRIOR PROVISIONS
A prior section 2501, Pub. L. 100-297, title V, Sec. 5202, Apr.
28, 1988, 102 Stat. 385, set forth findings, prior to repeal by
Pub. L. 107-110, title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2063.
EFFECTIVE DATE
Section effective Jan. 8, 2002, except with respect to certain
noncompetitive programs and competitive programs, see section 5 of
Pub. L. 107-110, set out as a note under section 6301 of Title 20,
Education.
SHORT TITLE
Section 5201 of Pub. L. 100-297 provided that: "This part [part B
(Secs. 5201-5212) of title V of Pub. L. 100-297, enacting this
chapter] may be cited as the 'Tribally Controlled Schools Act of
1988'."
TRIBAL SCHOOL CONSTRUCTION DEMONSTRATION PROGRAM
Pub. L. 108-7, div. F, title I, Sec. 122, Feb. 20, 2003, 117
Stat. 241, as amended by Pub. L. 108-108, title I, Sec. 136(a),
Nov. 10, 2003, 117 Stat. 1270, provided that:
"(a) Definitions. - In this section:
"(1) Construction. - The term 'construction', with respect to a
tribally controlled school, includes the construction or
renovation of that school.
"(2) Indian tribe. - The term 'Indian tribe' has the meaning
given that term in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e)).
"(3) Secretary. - The term 'Secretary' means the Secretary of
the Interior.
"(4) Tribally controlled school. - The term 'tribally
controlled school' means a school that currently receives a grant
under the Tribally Controlled Schools Act of 1988, as amended (25
U.S.C. 2501 et seq.) or is determined by the Secretary to meet
the eligibility criteria of section 5205 of the Tribally
Controlled Schools Act of 1988, as amended (25 U.S.C. 2504).
"(5) Department. - The term 'Department' means the Department
of the Interior.
"(6) Demonstration program. - The term 'demonstration program'
means the Tribal School Construction Demonstration Program.
"(b) In General. - The Secretary shall carry out a demonstration
program for fiscal years 2003 through 2007 to provide grants to
Indian tribes for the construction of tribally controlled schools.
"(1) In general. - Subject to the availability of
appropriations, in carrying out the demonstration program under
subsection (b), the Secretary shall award a grant to each Indian
tribe that submits an application that is approved by the
Secretary under paragraph (2). The Secretary shall ensure that
applications for funding to replace schools currently receiving
funding for facility operation and maintenance from the Bureau of
Indian Affairs receive the highest priority for grants under this
section. Among such applications, the Secretary shall give
priority to applications of Indian tribes that agree to fund all
future facility operation and maintenance costs of the tribally
controlled school funded under the demonstration program from
other than Federal funds.
"(2) Grant applications. - An application for a grant under the
section shall -
"(A) include a proposal for the construction of a tribally
controlled school of the Indian tribe that submits the
application; and
"(B) be in such form as the Secretary determines appropriate.
"(3) Grant agreement. - As a condition to receiving a grant
under this section, the Indian tribe shall enter into an
agreement with the Secretary that specifies -
"(A) the costs of construction under the grant;
"(B) that the Indian tribe shall be required to contribute
towards the cost of the construction a tribal share equal to 50
percent of the costs; and
"(C) any other term or condition that the Secretary
determines to be appropriate.
"(4) Eligibility. - Grants awarded under the demonstration
program shall be used only for construction or replacement of a
tribally controlled school.
"(c) Effect of Grant. - (1) Except as provided in paragraph (2)
of this subsection, A [sic] grant received under this section shall
be in addition to any other funds received by an Indian tribe under
any other provision of law. The receipt of a grant under this
section shall not affect the eligibility of an Indian tribe
receiving funding, or the amount of funding received by the Indian
tribe, under the Tribally Controlled Schools Act of 1988 (25 U.S.C.
2501 et seq.) or the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.).
"(2) A tribe receiving a grant for construction of a tribally
controlled school under this section shall not be eligible to
receive funding from the Bureau of Indian Affairs for that school
for education operations or facility operation and maintenance if
the school that was not at the time of the grant: (i) a school
receiving funding for education operations or facility operation
and maintenance under the Tribally Controlled Schools Act [25
U.S.C. 2501 et seq.] or the Indian Self-Determination and Education
Assistance Act [25 U.S.C. 450 et seq.] or (ii) a school operated by
the Bureau of Indian Affairs.
"(d) Report. - At the conclusion of the five-year demonstration
program, the Secretary shall report to Congress as to whether the
demonstration program has achieved its purposes of providing
additional tribes fair opportunities to construct tribally
controlled schools, accelerating construction of needed educational
facilities in Indian Country, and permitting additional funds to be
provided for the Department's priority list for construction of
replacement educational facilities."
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 107-63, title I, Sec. 125, Nov. 5, 2001, 115 Stat. 440.
Pub. L. 106-291, title I, Sec. 153, Oct. 11, 2000, 114 Stat. 960.