§5351 School construction, acquisition, or renovation contracts

Summary

The Secretary can make contracts with a State education agency or a school district to help them get land, build, buy, or fix school buildings and equipment for schools on or near Indian reservations when those buildings are needed to educate Indian students. At least 75% of the money must go to projects that meet federal eligibility rules, and no more than 25% can go to other eligible schools. The Secretary of Education must give the Secretary a list of eligible projects at the start of each fiscal year, beginning with the first full fiscal year after January 4, 1975, and funds are given out based on existing priorities. Any contract must require the State to give Indian students the same level of education as non-Indian students in the district and to follow state and local building codes and school standards. The Secretary must consult, before signing a contract, with the designated advisory entity and with any tribal governments that will be affected, unless an elected school board with a majority of Indian members applies. Within 90 days after the three-year period that began January 4, 1975, the Secretary must report to Congress about the program, including construction cost analysis, how the Interior and Education Departments worked together, future school construction needs for Indian children, work with local and state agencies, and any recommendation about moving certain program duties from the Department of Education to the Department of the Interior. The law authorized $35,000,000 for the fiscal year ending June 30, 1974; $35,000,000 for each of the next four fiscal years; and after that as much as needed, with the money available until spent.