25 U.S.C. § 2503 : US Code - Section 2503: Composition of grants

Search 25 U.S.C. § 2503 : US Code - Section 2503: Composition of grants

(a) In general
The grant provided under this chapter to an Indian tribe or
tribal organization for any fiscal year shall consist of -
(1) the total amount of funds allocated for such fiscal year
under sections 1127 and 1128 of the Education Amendments of 1978
[25 U.S.C. 2007, 2008] with respect to the tribally controlled
schools eligible for assistance under this chapter which are
operated by such Indian tribe or tribal organization, including,
but not limited to, funds provided under such sections, or under
any other provision of law, for transportation costs;
(2) to the extent requested by such Indian tribe or tribal
organization, the total amount of funds provided from operations
and maintenance accounts and, notwithstanding section 450j of
this title, or any other provision of law, other facilities
accounts for such schools for such fiscal year (including but not
limited to those referenced under section 1126(d) of the
Education Amendments of 1978 [25 U.S.C. 2006(d)] or any other
law); and
(3) the total amount of funds that are allocated to such
schools for such fiscal year under -
(A) title I of the Elementary and Secondary Education Act of
1965 [20 U.S.C. 6301 et seq.];
(B) the Individuals with Disabilities Education Act [20
U.S.C. 1400 et seq.]; and
(C) any other Federal education law, that are allocated to
such schools for such fiscal year.(!1)
(b) Special rules
(1) In general
(A) Applicability of certain laws
Funds allocated to a tribally controlled school by reason of
paragraph (1) or (2) of subsection (a) of this section shall be
subject to the provisions of this chapter and shall not be
subject to any additional restriction, priority, or limitation
that is imposed by the Bureau with respect to funds provided
under -
(i) title I of the Elementary and Secondary Education Act
of 1965 [20 U.S.C. 6301 et seq.];
(ii) the Individuals with Disabilities Education Act [20
U.S.C. 1400 et seq.]; or
(iii) any Federal education law other than title XI of the
Education Amendments of 1978 [25 U.S.C. 2000 et seq.].
(B) Applicability of Bureau provisions
Indian tribes and tribal organizations to which grants are
provided under this chapter, and tribally controlled schools
for which such grants are provided, shall not be subject to any
requirements, obligations, restrictions, or limitations imposed
by the Bureau that would otherwise apply solely by reason of
the receipt of funds provided under any law referred to in
clause (i), (ii), or (iii) of subparagraph (A).
(2) Schools considered contract schools
Tribally controlled schools for which grants are provided under
this chapter shall be treated as contract schools for the
purposes of allocation of funds under sections 1126(e), 1127, and
1128 of the Education Amendments of 1978 [25 U.S.C. 2006(e),
2007, 2008].
(3) Schools considered Bureau schools
Tribally controlled schools for which grants are provided under
this chapter shall be treated as Bureau schools for the purposes
of allocation of funds provided under -
(A) title I of the Elementary and Secondary Education Act of
1965 [20 U.S.C. 6301 et seq.];
(B) the Individuals with Disabilities Education Act [20
U.S.C. 1400 et seq.]; and
(C) any other Federal education law, that are distributed
through the Bureau.
(4) Accounts; use of certain funds
(A) Separate account
(i) In general
Notwithstanding section 2503(a)(2) (!2) of this title, with
respect to funds from facilities improvement and repair,
alteration and renovation (major or minor), health and
safety, or new construction accounts included in the grant
provided under section 2503(a) (!3) of this title, the grant
recipient shall maintain a separate account for such funds.
(ii) Submission of accounting
At the end of the period designated for the work covered by
the funds received, the grant recipient shall submit to the
Secretary a separate accounting of the work done and the
funds expended.
(iii) Use of funds
Funds received from those accounts may only be used for the
purpose for which the funds were appropriated and for the
work encompassed by the application or submission for which
the funds were received.
(iv) Completion of project
Upon completion of a project for which a separate account
is established under this paragraph, the portion of the grant
related to such project may be closed out upon agreement by
the grantee and the Secretary.
(B) Requirements for projects
(i) Regulatory requirements
With respect to a grant to a tribally controlled school
under this chapter for new construction or facilities
improvements and repair in excess of $100,000, such grant
shall be subject to the Administrative and Audit Requirements
and Cost Principles for Assistance Programs contained in part
12 of title 43, Code of Federal Regulations.
(ii) Exception
Notwithstanding clause (i), grants described in such clause
shall not be subject to section 12.61 of title 43, Code of
Federal Regulations. The Secretary and the grantee shall
negotiate and determine a schedule of payments for the work
to be performed.
(iii) Applications
In considering applications for a grant described in clause
(i), the Secretary shall consider whether the Indian tribe or
tribal organization involved would be deficient in ensuring
that the construction projects under the proposed grant
conform to applicable building standards and codes and
Federal, tribal, or State health and safety standards as
required under section 1124 of the Education Amendments of
1978 (25 U.S.C. 2005(a)) (!4) with respect to organizational
and financial management capabilities.
(iv) Disputes
Any disputes between the Secretary and any grantee
concerning a grant described in clause (i) shall be subject
to the dispute provisions contained in section 2508(e) (!5)
of this title.
(C) New construction
Notwithstanding subparagraph (A), a school receiving a grant
under this chapter for facilities improvement and repair may
use such grant funds for new construction if the tribal
governing body or tribal organization that submits the
application for the grant provides funding for the new
construction equal to at least 25 percent of the total cost of
such new construction.
(D) Period
In a case in which the appropriations measure under which the
funds described in subparagraph (A) are made available or the
application submitted for the funds does not stipulate a period
for the work covered by the funds, the Secretary and the grant
recipient shall consult and determine such a period prior to
the transfer of the funds. A period so determined may be
extended upon mutual agreement of the Secretary and the grant
recipient.
(5) Enforcement of request to include funds
(A) In general
If the Secretary fails to carry out a request filed by an
Indian tribe or tribal organization to include in such tribe
(!6) or organization's grant under this chapter the funds
described in subsection (a)(2) of this section within 180 days
after the filing of the request, the Secretary shall -
(i) be deemed to have approved such request; and
(ii) immediately upon the expiration of such 180-day period
amend the grant accordingly.
(B) Rights
A tribe or organization described in subparagraph (A) may
enforce its rights under subsection (a)(2) of this section and
this paragraph, including rights relating to any denial or
failure to act on such tribe's or organization's request,
pursuant to the dispute authority described in section 2508(e)
(!5) of this title.