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Title 25 — Indians

Chapter 22 — Bureau of Indian Affairs Programs

§ 2009. Division of Budget Analysis

Statutory text

(a)

Establishment

Not later than 1 year after , the Secretary shall establish within the Office of Indian Education Programs a Division of Budget Analysis (hereafter in this section referred to as the “Division”). Such Division shall be under the direct supervision and control of the Director of the Office.

(b)

Functions

In consultation with the tribal governing bodies and tribal school boards, the Director of the Office, through the Division, shall conduct studies, surveys, or other activities to gather demographic information on Bureau-funded schools and project the amount necessary to provide Indian students in such schools the educational program set forth in this chapter.

(c)

Annual reports

Not later than the date on which the Assistant Secretary for Indian Affairs makes the annual budget submission, for each fiscal year after , the Director of the Office shall submit to the appropriate committees of Congress (including the Appropriations committees), all Bureau-funded schools, and the tribal governing bodies of such schools, a report that contains—

(1)

projections, based upon the information gathered pursuant to subsection (b) and any other relevant information, of amounts necessary to provide Indian students in Bureau-funded schools the educational program set forth in this chapter;

(2)

a description of the methods and formulas used to calculate the amounts projected pursuant to paragraph (1); and

(3)

such other information as the Director of the Office considers appropriate.

(d)

Use of reports

The Director of the Office and the Assistant Secretary for Indian Affairs shall use the annual report required by subsection (c) when preparing annual budget submissions.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Education Amendments of 1978

    Pub. L. 95–561 title XI § 1129 · 92 Stat. 2143

    Enacted · 25 U.S.C. § 2009

    (Pub. L. 95–561, title XI, § 1129, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2038.)

    Source evidence

    Code source credit
    (Pub. L. 95–561, title XI, § 1129, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2038.)

    Enacted provision · exact public law section
    Sec. 1129. uniform direct funding and support (a) Within six months after the date of enactment of Regulation. 25 USC 2009. this Act, the Secretary shall establish, by regulation adopted in accordance with section 1138, a system for the direct funding and support of all Bureau and contract schools. Such system shall allot funds, in accordance with section 1128, and shall provide each affected school with notification of its approximate allotment not later than the end of the school year preceding the year for which the allotment is to be made. (b) In the case of all Bureau schools, allotted funds shall be Local financial plans. expended on the basis of local financial plans which shall be prepared by the local school supervisor in active consultation with the local school board for each school, and the local school board for each school shall have the authority to ratify, reject, or amend such financial plan, and expenditures thereunder, and, on its own determination or in response to the supervisor of the school, to revise such financial plan to meet needs not foreseen at the time of preparation of the financial plan. The supervisor of the school may appeal any such Appeals. action by the local school board to the superintendent for education of the Bureau agency, and the superintendent may, for good cause and in writing to the local school board, overturn the action of the local school boa id. (c) Funds for self-determination grants under section 104(a)(2) of the Indian Self-Determination and Education Assistance 25 USC 450h. Act shall not be used for providing technical assistance and training in the field of education by the Bureau unless such services are provided in accordance with a plan, agreed to by the tribe or tribes affected and the Bureau, under which control of education programs is intended to be transferred to such tribe or tribes within a specific period of time negotiated under such agreement. (d) In the exercise of its authority under this section, a local school board may request technical assistance and training from the Secretary, and he shall, to the greatest extent possible, provide such services, and make appropriate provisions in the budget of the Office for such services.

1 of 1 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 2009, Pub. L. 95–561, title XI, § 1129, as added Pub. L. 103–382, title III, § 381, , 108 Stat. 3998, related to Division of Budget Analysis, prior to the general amendment of this chapter by Pub. L. 107–110.

Another prior section 2009, Pub. L. 95–561, title XI, § 1129, , 92 Stat. 2321; Pub. L. 98–511, title V, §§ 506, 507(a), , 98 Stat. 2395, 2396; Pub. L. 99–89, § 6, , 99 Stat. 382; Pub. L. 99–570, title IV, § 4133(b)(4), , 100 Stat. 3207–134; Pub. L. 100–297, title V, §§ 5109, 5110, 5118, , 102 Stat. 375, 376, 382; Pub. L. 100–427, §§ 6, 9(d), , 102 Stat. 1605, 1607, related to uniform direct funding and support, prior to the general amendment of this chapter by Pub. L. 103–382.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective , 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.

Credits

(Pub. L. 95–561, title XI, § 1129, as added Pub. L. 107–110, title X, § 1042, , 115 Stat. 2038.)

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