§2502 Grants Authorized

Summary

The Secretary must give grants to Indian tribes and tribal groups that run or choose to run eligible tribal schools. Eligible groups include those that operate contract schools and switch to this grant program, those that run other tribally controlled schools and send in a tribal-approved application, and those that choose to take over Bureau-funded schools with a tribal-approved application. Grant money goes into the school’s general operating fund. Schools may use the money for things like running the school, academic and residential programs, counseling, administration, and support services such as transportation. If the school already gets money for operations and maintenance under the laws listed in section 2504(a), the grant may also pay operations and maintenance. Only one grant is allowed per tribe or tribal organization each fiscal year. Grant funds cannot be used for religious worship or sectarian instruction. Administrative spending from the grant cannot exceed the amount generated for administrative costs under section 1128 of the Education Amendments of 1978. If a grantee runs more than one school location, it may move to any site no more than the lesser of 10 percent of another site’s allocation under section 1128 or $400,000. A “school site” means the physical school and facilities counted separately in the funding formula in section 1127. Tribes do not have to apply for or accept a grant, and no one may force them to. These grants do not change the Federal Government’s duty to provide programs. Grants may not be ended or cut just for the convenience of the agency. A tribe may ask to return (retrocede) a program it runs under this grant. Retrocession takes effect on a date set by the Secretary no later than 120 days after the tribe’s request, unless both agree to a later date. After retrocession, the Secretary must provide at least the same level of services the program had before. The tribe must say whether the program will become Bureau-operated or a contract school under the Indian Self-Determination and Education Assistance Act. Unless the Secretary decides otherwise, equipment and materials bought with grant help, or brought in when a Bureau-funded school became grant-supported, must be transferred back to the Secretary or to the new operator.