§ 2007. Allotment formula
(a) Factors considered; revision to reflect stand-
ards
(1) Formula
The Secretary shall establish, by regulation
adopted in accordance with section 2017 of this
title, a formula for determining the minimum
annual amount of funds necessary to sustain
each Bureau-funded school. In establishing
such formula, the Secretary shall consider—
(A) the number of eligible Indian students
served and total student population of the
school;
(B) special cost factors, such as—
(i) the isolation of the school;
(ii) the need for special staffing, trans-
portation, or educational programs;
(iii) food and housing costs;
(iv) maintenance and repair costs associ-
ated with the physical condition of the
educational facilities;
(v) special transportation and other
costs of isolated and small schools;
(vi) the costs of home-living (dormitory)
arrangements,
where
determined
nec-
essary by a tribal governing body or des-
ignated school board;
(vii)
costs
associated
with
greater
lengths of service by education personnel;
(viii) the costs of therapeutic programs
for students requiring such programs; and
(ix) special costs for gifted and talented
students;
(C) the cost of providing academic services
which are at least equivalent to those pro-
vided by public schools in the State in which
the school is located;
(D) whether the available funding will en-
able the school involved to comply with the
accreditation standards applicable to the
school under section 2001 of this title; and
(E) such other relevant factors as the Sec-
retary determines are appropriate.
(2) Revision of formula
(A) In general
Upon the establishment of the standards
required in section 2002 of this title, the Sec-
retary shall revise the formula established
und
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Stable record: federal_law:legal_authorities:uscode2024_493ec7496de9ff7004cc3b9b Source file: Laws/federal/codes/united-states-code-2024/title-25/section-2007-allotment-formula--caba6efa3d.md Pages: Not recorded – Not recorded Passage SHA-256: 40bd5edf03dfcc9f6f11883e36a3759817993eb3917e76125152fb96143469e3 Retained source evidence SHA-256: c76a368bea1721c231d6e9ef7b42b7b9336d72ea5bcb2872280bc1bde9ceab23
Page 410
TITLE 25—INDIANS
§ 2007
particular schools or designated Bureau-oper-
ated education programs, including, in appro-
priate cases, the establishment and adminis-
tration of trust funds.
(2) Monitoring and reports
Except as provided in paragraph (3), in a
case in which a Bureau-operated education
program is the beneficiary of such a gift or be-
quest, the Director shall—
(A) make provisions for monitoring use of
the gift or bequest; and
(B) submit a report to the appropriate
committees of Congress that describes the
amount and terms of such gift or bequest,
the manner in which such gift or bequest
shall be used, and any results achieved by
such use.
(3) Exception
The requirements of paragraph (2) shall not
apply in the case of a gift or bequest that is
valued at $5,000 or less.
(g) Definition of functions
For the purpose of this section, the term
‘‘functions’’ includes powers and duties.
(Pub. L. 95–561, title XI, § 1126, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2026.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in subsec. (c), means Pub. L.
95–561, Nov. 1, 1978, 92 Stat. 2143, known as the Edu-
cation Amendments of 1978. For complete classification
of this Act to the Code, see Short Title of 1978 Amend-
ment note set out under section 6301 of Title 20, Edu-
cation, and Tables.
The Indian Self-Determination and Education Assist-
ance Act, referred to in subsec. (c), is Pub. L. 93–638,
Jan. 4, 1975, 88 Stat. 2203, which is classified principally
to chapter 46 (§ 5301 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 5301 of this title and Tables.
PRIOR PROVISIONS
A prior section 2006, Pub. L. 95–561, title XI, § 1126, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 3988, related to Bureau of Indian Affairs education
functions, prior to the general amendment of this chap-
ter by Pub. L. 107–110.
Another prior section 2006, Pub. L. 95–561, title XI,
§ 1126, Nov. 1, 1978, 92 Stat. 2319; Pub. L. 96–46, § 2(b)(6),
Aug. 6, 1979, 93 Stat. 341; Pub. L. 98–511, title V, § 504,
Oct. 19, 1984, 98 Stat. 2393; Pub. L. 99–89, § 4, Aug. 15,
1985, 99 Stat. 381; Pub. L. 100–427, § 1(c)(3), Sept. 9, 1988,
102 Stat. 1603, related to Bureau of Indian Affairs edu-
cation functions, prior to the general amendment of
this chapter by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 8, 2002, except with respect to
certain noncompetitive programs and competitive pro-
grams, see section 5 of Pub. L. 107–110, set out as a note
under section 6301 of Title 20, Education.
§ 2007. Allotment formula
(a) Factors considered; revision to reflect stand-
ards
(1) Formula
The Secretary shall establish, by regulation
adopted in accordance with section 2017 of this
title, a formula for determining the minimum
annual amount of funds necessary to sustain
each Bureau-funded school. In establishing
such formula, the Secretary shall consider—
(A) the number of eligible Indian students
served and total student population of the
school;
(B) special cost factors, such as—
(i) the isolation of the school;
(ii) the need for special staffing, trans-
portation, or educational programs;
(iii) food and housing costs;
(iv) maintenance and repair costs associ-
ated with the physical condition of the
educational facilities;
(v) special transportation and other
costs of isolated and small schools;
(vi) the costs of home-living (dormitory)
arrangements,
where
determined
nec-
essary by a tribal governing body or des-
ignated school board;
(vii)
costs
associated
with
greater
lengths of service by education personnel;
(viii) the costs of therapeutic programs
for students requiring such programs; and
(ix) special costs for gifted and talented
students;
(C) the cost of providing academic services
which are at least equivalent to those pro-
vided by public schools in the State in which
the school is located;
(D) whether the available funding will en-
able the school involved to comply with the
accreditation standards applicable to the
school under section 2001 of this title; and
(E) such other relevant factors as the Sec-
retary determines are appropriate.
(2) Revision of formula
(A) In general
Upon the establishment of the standards
required in section 2002 of this title, the Sec-
retary shall revise the formula established
under this subsection to reflect the cost of
funding such standards.
(B) Review of formula
Not later than January 1, 2003, the Sec-
retary shall review the formula established
under this section and shall take such steps
as are necessary to increase the availability
of counseling and therapeutic programs for
students in off-reservation home-living (dor-
mitory) schools and other Bureau-operated
residential facilities.
(C) Review of standards
Concurrent with such action, the Sec-
retary shall review the standards established
under section 2002 of this title to be certain
that adequate provision is made for parental
notification regarding, and consent for, such
counseling and therapeutic programs.
(b) Pro rata allotment
Notwithstanding any other provision of law,
Federal funds appropriated for the general local
operation of Bureau-funded schools shall be al-
lotted pro rata in accordance with the formula
established under subsection (a).
Page 411
TITLE 25—INDIANS
§ 2007
1 So in original. Probably should be section ‘‘2502(c)(2)’’.
(c) Annual adjustment; reservation of amount for
school board activities
(1) Annual adjustment
For fiscal year 2003, and for each subsequent
fiscal year, the Secretary shall adjust the for-
mula established under subsection (a) to en-
sure that the formula does the following:
(A) Uses a weighted unit of 1.2 for each eli-
gible Indian student enrolled in the seventh
and eighth grades of the school in consid-
ering the number of eligible Indian students
served by the school.
(B) Considers a school with an enrollment
of less than 50 eligible Indian students as
having an average daily attendance of 50 eli-
gible Indian students for purposes of imple-
menting the adjustment factor for small
schools.
(C) Takes into account the provision of
residential services on less than a 9-month
basis at a school when the school board and
supervisor of the school determine that a
less than 9-month basis will be implemented
for the school year involved.
(D) Uses a weighted unit of 2.0 for each eli-
gible Indian student that—
(i) is gifted and talented; and
(ii) is enrolled in the school on a full-
time basis,
in considering the number of eligible Indian
students served by the school.
(E) Uses a weighted unit of 0.25 for each el-
igible Indian student who is enrolled in a
year-long credit course in an Indian or Na-
tive language as part of the regular cur-
riculum of a school, in considering the num-
ber of eligible Indian students served by
such school. The adjustment required under
this subparagraph shall be used for such
school after—
(i) the certification of the Indian or Na-
tive language curriculum by the school
board of such school to the Secretary, to-
gether with an estimate of the number of
full-time students expected to be enrolled
in the curriculum in the second school
year for which the certification is made;
and
(ii) the funds appropriated for allotment
under this section are designated by the
appropriations
Act
appropriating
such
funds as the amount necessary to imple-
ment such adjustment at such school with-
out reducing allotments made under this
section to any school by virtue of such ad-
justment.
(2) Reservation of amount
(A) In general
From the funds allotted in accordance
with the formula established under sub-
section (a) for each Bureau school, the local
school board of such school may reserve an
amount which does not exceed the greater
of—
(i) $8,000; or
(ii) the lesser of—
(I) $15,000; or
(II) 1 percent of such allotted funds,
for school board activities for such school,
including (notwithstanding any other provi-
sion of law) meeting expenses and the cost of
membership in, and support of, organiza-
tions engaged in activities on behalf of In-
dian education.
(B) Training
(i) In general
Each local school board, and any agency
school board that serves as a local school
board for any grant or contract school,
shall ensure that each individual who is a
new member of the school board receives,
within 1 year after the individual becomes
a member of the school board, 40 hours of
training relevant to that individual’s serv-
ice on the board.
(ii) Types of training
Such training may include training con-
cerning legal issues pertaining to Bureau-
funded schools, legal issues pertaining to
school boards, ethics, and other topics de-
termined to be appropriate by the school
board.
(iii) Recommendation
The training described in this subpara-
graph shall not be required, but is rec-
ommended, for a tribal governing body
that serves in the capacity of a school
board.
(d) Reservation of amount for emergencies
(1) In general
The Secretary shall reserve from the funds
available for distribution for each fiscal year
under this section an amount that, in the ag-
gregate, equals 1 percent of the funds available
for such purpose for that fiscal year, to be
used, at the discretion of the Director of the
Office of Indian Education Programs, to meet
emergencies and unforeseen contingencies af-
fecting the education programs funded under
this section.
(2) Use of funds
Funds reserved under this subsection may be
expended only for education services or pro-
grams, including emergency repairs of edu-
cational facilities, at a schoolsite (as defined
by section 2503(c)(2) 1 of this title).
(3) Availability of funds
Funds reserved under this subsection shall
remain available without fiscal year limita-
tion until expended. However, the aggregate
amount available from all fiscal years may
not exceed 1 percent of the current year funds.
(4) Report
When the Secretary makes funds available
under this subsection, the Secretary shall re-
port such action to the appropriate commit-
tees of Congress within the annual budget sub-
mission.
(e) Supplemental appropriations
Supplemental appropriations enacted to meet
increased pay costs attributable to school level
personnel shall be distributed under this sec-
tion.
Page 412
TITLE 25—INDIANS
§ 2008
2 So in original. Probably should be section ‘‘2010’’.
(f) Eligible Indian student defined
In this section, the term ‘‘eligible Indian stu-
dent’’ means a student who—
(1) is a member of, or is at least one-fourth
degree Indian blood descendant of a member
of, a tribe that is eligible for the special pro-
grams and services provided by the United
States through the Bureau to Indians because
of their status as Indians;
(2) resides on or near a reservation or meets
the criteria for attendance at a Bureau off-res-
ervation home-living school; and
(3) is enrolled in a Bureau-funded school.
(g) Tuition
(1) In general
No eligible Indian student or a student at-
tending a Bureau school under paragraph
(2)(C) may be charged tuition for attendance
at a Bureau school or contract or grant school.
(2) Attendance of non-Indian students at Bu-
reau schools
The Secretary may permit the attendance at
a Bureau school of a student who is not an eli-
gible Indian student if—
(A) the Secretary determines that the stu-
dent’s attendance will not adversely affect
the school’s program for eligible Indian stu-
dents because of cost, overcrowding, or vio-
lation of standards or accreditation;
(B) the school board consents;
(C) the student is a dependent of a Bureau,
Indian Health Service, or tribal government
employee who lives on or near the school
site; or
(D) tuition is paid for the student that is
not more than the tuition charged by the
nearest public school district for out-of-dis-
trict students and shall be in addition to the
school’s allocation under this section.
(3) Attendance of non-Indian students at con-
tract and grant schools
The school board of a contract or grant
school may permit students who are not eligi-
ble Indian students under this subsection to
attend its contract school or grant school.
Any tuition collected for those students shall
be in addition to funding received under this
section.
(h) Funds available without fiscal year limitation
Notwithstanding any other provision of law,
at the election of the school board of a Bureau
school made at any time during the fiscal year,
a portion equal to not more than 15 percent of
the funds allocated with respect to a school
under this section for any fiscal year shall re-
main available to the school for expenditure
without fiscal year limitation. The Assistant
Secretary shall take such steps as are necessary
to implement this subsection.
(i) Students at Richfield dormitory, Richfield,
Utah
(1) In general
Tuition for the instruction of each out-of-
State Indian student in a home-living situa-
tion at the Richfield dormitory in Richfield,
Utah, who attends Sevier County high schools
in Richfield, Utah, for an academic year, shall
be paid from Indian school equalization pro-
gram funds authorized in this section and sec-
tion 2009 2 of this title, at a rate not to exceed
the weighted amount provided for under sub-
section (b) for a student for that year.
(2) No administrative cost funds
No additional administrative cost funds
shall be provided under this chapter to pay for
administrative costs relating to the instruc-
tion of the students.
(Pub. L. 95–561, title XI, § 1127, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2028.)
Editorial Notes
PRIOR PROVISIONS
A prior section 2007, Pub. L. 95–561, title XI, § 1127, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 3989, related to allotment formula, prior to the
general amendment of this chapter by Pub. L. 107–110.
Another prior section 2007, Pub. L. 95–561, title XI,
§ 1127, Nov. 1, 1978, 92 Stat. 2320, related to policies and
procedures for implementation of transferred adminis-
trative functions, prior to the general amendment of
this chapter by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 8, 2002, except with respect to
certain noncompetitive programs and competitive pro-
grams, see section 5 of Pub. L. 107–110, set out as a note
under section 6301 of Title 20, Education.
§ 2008. Administrative cost grants
(a) Definitions
In this section:
(1) Administrative cost
(A) In general
The term ‘‘administrative cost’’ means the
cost of necessary administrative functions
which—
(i) the tribe or tribal organization incurs
as a result of operating a tribal elemen-
tary or secondary educational program;
(ii) are not customarily paid by com-
parable Bureau-operated programs out of
direct program funds; and
(iii) are either—
(I) normally provided for comparable
Bureau programs by Federal officials
using resources other than Bureau direct
program funds; or
(II) are otherwise required of tribal
self-determination program operators by
law or prudent management practice.
(B) Inclusions
The term ‘‘administrative cost’’ may in-
clude—
(i) contract or grant (or other agree-
ment) administration;
(ii) executive, policy, and corporate lead-
ership and decisionmaking;
(iii) program planning, development, and
management;
(iv) fiscal, personnel, property, and pro-
curement management;
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Factors considered; revision to reflect standards**
(1) **Formula** — The Secretary shall establish, by regulation adopted in accordance with [section 2017 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2017&num=0&edition=prelim), a formula for determining the minimum annual amount of funds necessary to sustain each Bureau-funded school. In establishing such formula, the Secretary shall consider—
(A) the number of eligible Indian students served and total student population of the school;
(B) special cost factors, such as—
(i) the isolation of the school;
(ii) the need for special staffing, transportation, or educational programs;
(iii) food and housing costs;
(iv) maintenance and repair costs associated with the physical condition of the educational facilities;
(v) special transportation and other costs of isolated and small schools;
(vi) the costs of home-living (dormitory) arrangements, where determined necessary by a tribal governing body or designated school board;
(vii) costs associated with greater lengths of service by education personnel;
(viii) the costs of therapeutic programs for students requiring such programs; and
(ix) special costs for gifted and talented students;
(C) the cost of providing academic services which are at least equivalent to those provided by public schools in the State in which the school is located;
(D) whether the available funding will enable the school involved to comply with the accreditation standards applicable to the school under [section 2001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2001&num=0&edition=prelim); and
(E) such other relevant factors as the Secretary determin