§5351 School Construction, Acquisition, or Renovation Contracts

Summary

The Secretary may make contracts with State education agencies or school districts to help buy land or to build, buy, or fix school buildings and necessary equipment for districts on or near Indian reservations or other trust lands when those facilities are needed for Indian students. At least 75 percent of the money must go to projects that meet the eligibility rules in subsections (a) and (b) of 20 U.S.C. 644, and 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. No more than 25 percent of the funds may be used for private schools that qualify under section 5355. Any contract must require the State education agency to give Indian students the same level of education that non-Indian students get in that district and to follow state and local building codes and school standards. The Secretary must talk with the entity named in section 5346 and with the governing body of any tribe that will be significantly affected before making a contract; that consultation is advisory and not required when an elected school board with a majority of Indian members applies. Within 90 days after the three-year period following January 4, 1975 ends, the Secretary must report to Congress on program effectiveness, including construction cost analysis, working relationships between agencies (and any memoranda), future school construction needs, and whether administration of subsections (a) and (b) of 20 U.S.C. 644 should move from the Department of Education to the Department of the Interior. Congress authorized $35,000,000 for the fiscal year ending June 30, 1974; $35,000,000 for each of the next four fiscal years; and thereafter whatever sums are needed, all to remain available until spent.