25 U.S.C. § 2501: Declaration of policy

Congress recognizes that the Indian Self-Determination and Education Assistance Act [ 25 U.S.C. 5301 et seq.], which was a product of the legitimate aspirations and a recognition of the inherent authority of Indian nations, was and is a crucial positive step toward tribal and community control and that the United States has an obligation to assure maximum Indian participation in the direction of educational services so as to render the persons administering such services and the services themselves more responsive to the needs and desires of Indian communities. Congress declares its commitment to the maintenance of the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children through the establishment of a meaningful Indian self-determination policy for education that will deter further perpetuation of Federal bureaucratic domination of programs. to compete and excel in areas of their choice; and to achieve the measure of self-determination essential to their social and economic well-being. true self-determination in any society of people is dependent upon an educational process that will ensure the development of qualified people to fulfill meaningful leadership roles; that Indian people have special and unique educational needs, including the need for programs to meet the linguistic and cultural aspirations of Indian tribes and communities; and that those needs may best be met through a grant process. Congress declares a commitment to the policies described in this section and support, to the full extent of congressional responsibility, for Federal relations with the Indian nations. Congress repudiates and rejects House Concurrent Resolution 108 of the 83d Congress and any policy of unilateral termination of Federal relations with any Indian nation. The term ‘construction’, with respect to a tribally controlled school, includes the construction or renovation of that school. The term ‘Indian tribe’ has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b(e) ) [now 25 U.S.C. 5304(e) ]. The term ‘Secretary’ means the Secretary of the Interior. The term ‘tribally controlled school’ means a school that currently receives a grant under the Tribally Controlled Schools Act of 1988, as amended ( 25 U.S.C. 2501 et seq.) or is determined by the Secretary to meet the eligibility criteria of section 5205 of the Tribally Controlled Schools Act of 1988, as amended ( 25 U.S.C. 2504 ). The term ‘Department’ means the Department of the Interior. The term ‘demonstration program’ means the Tribal School Construction Demonstration Program. Subject to the availability of appropriations, in carrying out the demonstration program under subsection (b), the Secretary shall award a grant to each Indian tribe that submits an application that is approved by the Secretary under paragraph (2). The Secretary shall ensure that applications for funding to replace schools currently receiving funding for facility operation and maintenance from the Bureau of Indian Affairs receive the highest priority for grants under this section. Among such applications, the Secretary shall give priority to applications of Indian tribes that agree to fund all future facility operation and maintenance costs of the tribally controlled school funded under the demonstration program from other than Federal funds. include a proposal for the construction of a tribally controlled school of the Indian tribe that submits the application; and be in such form as the Secretary determines appropriate. the costs of construction under the grant; that the Indian tribe shall be required to contribute towards the cost of the construction a tribal share equal to 50 percent of the costs; and any other term or condition that the Secretary determines to be appropriate. Grants awarded under the demonstration program shall be used only for construction or replacement of a tribally controlled school. Except as provided in paragraph (2) of this subsection, A [sic] grant received under this section shall be in addition to any other funds received by an Indian tribe under any other provision of law. The receipt of a grant under this section shall not affect the eligibility of an Indian tribe receiving funding, or the amount of funding received by the Indian tribe, under the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2501 et seq.) or the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq.) [now 25 U.S.C. 5301 et seq.]. A tribe receiving a grant for construction of a tribally controlled school under this section shall not be eligible to receive funding from the Bureau of Indian Affairs for that school for education operations or facility operation and maintenance if the school that was not at the time of the grant: (i) a school receiving funding for education operations or facility operation and maintenance under the Tribally Controlled Schools Act [ 25 U.S.C. 2501 et seq.] or the Indian Self-Determination and Education Assistance Act [ 25 U.S.C. 5301 et seq.] or (ii) a school operated by the Bureau of Indian Affairs. At the conclusion of the five-year demonstration program, the Secretary shall report to Congress as to whether the demonstration program has achieved its purposes of providing additional tribes fair opportunities to construct tribally controlled schools, accelerating construction of needed educational facilities in Indian Country, and permitting additional funds to be provided for the Department’s priority list for construction of replacement educational facilities.”