11. January 4, 1975 Pub. Law 45-050 under regulations prescribed by him and after providing notice and Notice and hearing to such tribal organization, rescind such contract or grant hearing. reement and assume or resume control or operation of the program, tivity, or service involved if he determines that the tribal organization has not taken corrective action as prescribed by him: Provided, That the appropriate Secretary may, upon notice to a tribal organization, immediately rescind a contract or grant and resume control or operation of a program, activity, or service if he finds that there is an immediate threat to safety and, in such cases, he shall hold a hearing on such action within ten days thereof. Such Secretary may decline to enter into a new contract or grant agreement and retain control of such program, activity, or service until such time as he is satisfied that the violations of rights or endangerment of health, safety, or welfare which necessitated the rescission has been corrected. Nothing in this section shall be construed as contravening the Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended (29 U.S.C. 651). EFFECT ON EXISTING RIGHTS SEC. 110. Nothing in this Act shall be construed as (1) affecting, modifying, diminishing, or otherwise impairing the sovereign immunity from suit enjoyed by an Indian tribe; or (2) authorizing or requiring the termination of any existing trust responsibility of the United States with respect to the Indian people. TITLE II-THE INDIAN EDUCATION ASSISTANCE ACT 25 USC 450n. SEC. 201. This title may be cited as the "Indian Education Assistance Citation of Act". PART A-EDUCATION OF INDIANS IN PUBLIC SCHOOLS SEC. 202. The Act of April 16, 1934 (48 Stat. 596), as amended, is further amended by adding at the end thereof the following new sections: title. 25 USC 455 note. 25 USC 452. JOM 25 USC 455. "SEC. 4. The Secretary of the Interior shall not enter into any conact for the education of Indians unless the prospective contractor as submitted to, and has had approved by the Secretary of the Interior, an education plan, which plan, in the determination of the Secretary, contains educational objectives which adequately address the educational needs of the Indian students who are to be beneficiaries of the contract and assures that the contract is capable of meeting such objectives: Provided, That where students other than Indian students participate in such programs, money expended under such contract shall be prorated to cover the participation of only the Indian students. "SEC. 5. (a) Whenever a school district affected by a contract or con- 25 USC 456. tracts for the education of Indians pursuant to this Act has a local school board not composed of a majority of Indians, the parents of the Indian children enrolled in the school or schools affected by such contract or contracts shall elect a local committee from among their number. Such committee shall fully participate in the development of, and shall have the authority to approve or disapprove programs to be conducted under such contract or contracts, and shall carry out such other duties, and be so structured, as the Secretary of the Interior shall by regulation provide: Provided, however, That, whenever a local Indian committee or committees established pursuant to section 305 (b) (2) (B) (ii) of the Act of June 23, 1972 (86 Stat. 235) or an Indian advisory school board or boards established pursuant to this Act prior 88 STAT. 2213 to the date of enactment of this section exists in such school district, 88 STAT. 2214 64-882 O 762 25 USC 457. Report to 25 USC 452. 20 USC 236. 20 USC 821 note. 20 USC 241aa note. 20 USC 631. Indian-controlled community colleges. Contract authority. 25 USC 458. Pub. Law 93-638 January 4, 1975 such committee or board may, in the discretion of the affected tribal "SEC. 6. Any school district educating Indian students who are members of recognized Indian tribes, who do not normally reside in the State in which such school district is located, and who are residing in Federal boarding facilities for the purposes of attending public schools within such district may, in the discretion of the Secretary of the Interior, be reimbursed by him for the full per capita costs of educating such Indian students." SEC. 203. After conferring with persons competent in the field of Indian education, the Secretary, in consultation with the Secretary of Health, Education, and Welfare, shall prepare and submit to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives not later than October 1, 1975, a report which shall include: (1) a comprehensive analysis of the Act of April 16, 1934 (48 Stat. 596), as amended, including— (A) factors determining the allocation of funds for the special or supplemental educational programs of Indian students and current operating expenditures; (B) the relationship of the Act of April 16, 1934 (48 Stat. 596), as amended, to (i) title I of the Act of September 30, 1950 (64 Stat. 1100), as amended; and (ii) the Act of April 11, 1965 (79 Stat. 27), as amended; and (iii) title IV of the Act of June 23, 1972 (86 Stat. 235); and (iv) the Act of September 23, 1950 (72 Stat. 548), as amended. (2) a specific program to meet the special educational needs of Indian children who attend public schools. Such program shall include, but need not be limited to, the following: (A) a plan for the equitable distribution of funds to n. the special or supplemental educational needs of Indian children and, where necessary, to provide general operating expenditures to schools and school districts educating Indian children; and (B) an estimate of the cost of such program; (3) detailed legislative recommendations to implement the program prepared pursuant to clause (2); and (4) a specific program, together with detailed legislative recommendations, to assist the development and administration of Indian-controlled community colleges. PART B-SCHOOL CONSTRUCTION SEC. 204. (a) The Secretary is authorized to enter into a contract or contracts with any State education agency or school district for the purpose of assisting such agency or district in the acquisition of sites for, or the construction, acquisition, or renovation of facilities (including all necessary equipment) in school districts on or adjacent to or in close proximity to any Indian reservation or other lands held in trust by the United States for Indians, if such facilities are necessary for the education of Indians residing on any such reservation or lands. (b) The Secretary may expend not less than 75 per centum of such funds as are authorized and appropriated pursuant to this part B on >se projects which meet the eligibility requirements under subsecons (a) and (b) of section 14 of the Act of September 23, 1950 (72 Stat. 548), as amended. Such funds shall be allocated on the basis of existing funding priorities, if any, established by the United States Commissioner of Education under subsections (a) and (b) of section 14 of the Act of September 23, 1950, as amended. The United States Commissioner of Education is directed to submit to the Secretary, at the beginning of each fiscal year, commencing with the first full fiscal year after the date of enactment of this Act, a list of those projects eligible for funding under subsections (a) and (b) of section 14 of the Act of September 23, 1950, as amended. (e) The Secretary may expend not more than 25 per centum of such funds as may be authorized and appropriated pursuant to this part B on any school eligible to receive funds under section 208 of this Act. (d) Any contract entered into by the Secretary pursuant to this section shall contain provisions requiring the relevant State educational agency to (1) provide Indian students attending any such facilities constructed, acquired, or renovated, in whole or in part, from funds made available pursuant to this section with standards of education not less than those provided non-Indian students in the school district in which the facilities are situated; and (2) meet, with respect to such facilities, the requirements of the State and local building codes, and other building standards set by the State educational agency or school district for other public school facilities under its jurisdiction or control or by the local government in the jurisdiction within which the facilities are situated. (e) The Secretary shall consult with the entity designated pursuant to section 5 of the Act of April 16, 1934 (48 Stat. 596), as amended by this Act, and with the governing body of any Indian tribe or tribes the educational opportunity for the members of which will be signifi tly affected by any contract entered into pursuant to this section. ch consultation shall be advisory only, but shall occur prior to the entering into of any such contract. The foregoing provisions of this subsection shall not be applicable where the application for a contract pursuant to this section is submitted by an elected school board of which a majority of its members are Indians. 88 STAT. 2215 20 USC 644. (f) Within ninety days following the expiration of the three year Program period following the date of the enactment of this Act, the Secretary evaluation, shall evaluate the effectiveness of the program pursuant to this section report to and transmit a report of such evaluation to the Congress. Such report shall include (1) an analysis of construction costs and the impact on such costs of the provisions of subsection (f) of this section and the Act of March 3, 1921 (46 Stat. 1491), as amended; (2) a description of the working relationship between the Department of the Interior and the Department of Health, Education, and Welfare including any memorandum of understanding in connection with the acquisition of data pursuant to subsection (b) of this section; (3) projections of the Secretary of future construction needs of the public schools serving Indian children residing on or adjacent to Indian reservations; Congress. 88 STAT. 2216 20 USC 644. Appropriation. 25 USC 458a. 25 USC 458b. 25 USC 4580. Rules and regulations, publication in Federal Register. Publication in Federal Register. 25 USC 458d. 25 USC 452. PREVIOUSLY Pub. Law 93-638 · 14 January 4, 1975 (4) a description of the working relationship of the Department of the Interior with local or State educational agencies in connertion with the contracting for construction, acquisition, or renov tion of school facilities pursuant to this section; and (5) the recommendations of the Secretary with respect to the transfer of the responsibility for administering subsections (a) and (b) of section 14 of the Act of September 23, 1950 (72 Stat. 548), as amended, from the Department of Health, Education, and Welfare to the Department of the Interior. (g) For the purpose of carrying out the provisions of this section, there is authorized to be appropriated the sum of $35,000,000 for the fiscal year ending June 30, 1974; $35,000,000 for each of the four succeeding fiscal years; and thereafter, such sums as may be necessary, all of such sums to remain available until expended. PART C-GENERAL PROVISIONS SEC. 205. No funds from any grant or contract pursuant to this title shall be made available to any school district unless the Secretary is satisfied that the quality and standard of education, including facilities and auxiliary services, for Indian students enrolled in the schools of such district are at least equal to that provided all other students from resources, other than resources provided in this title, available to the local school district. SEC. 206. No funds from any contract or grant pursuant to this title shall be made available by any Federal agency directly to other than public agencies and Indian tribes, institutions, and organizations: Provided, That school districts, State education agencies, and Indian tribes, institutions, and organizations assisted by this title may use funds provided herein to contract for necessary services with any appropriate individual, organization, or corporation. SEC. 207. (a) (1) Within six months from the date of enactment of this Act, the Secretary shall, to the extent practicable, consult with national and regional Indian organizations with experiences in Indian education to consider and formulate appropriate rules and regulations to implement the provisions of this title. (2) Within seven months from the date of enactment of this A the Secretary shall present the proposed rules and regulations to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives. (3) Within eight months from the date of enactment of this Act, the Secretary shall publish proposed rules and regulations in the Federal Register for the purpose of receiving comments from interested parties. (4) Within ten months from the date of enactment of this Act, the Secretary shall promulgate rules and regulations to implement the provisions of this title. (b) The Secretary is authorized to revise and amend any rules or regulations promulgated pursuant to subsection (a) of this section: Provided, That prior to any revision or amendment to such rules or regulations the Secretary shall, to the extent practicable, consult with appropriate national and regional Indian organizations, and shall publish any proposed revisions in the Federal Register not less than sixty days prior to the effective date of such rules and regulations in order to provide adequate notice to, and receive comments from, other interested parties. SEC. 208. The Secretary is authorized and directed to provide funds, pursuant to this Act: the the Act of April 16, 1934 (48 Stat. 596), as amended: or any other authority granted to him to any tribe or tribal organization which controls and manages any previously private January 4, 1975 - 15 Pub. Law 93-638 88 STAT. 2217 school. The Secretary shall transmit annually to the Committees on Report to Interior and Insular Affairs of the United States Senate and House congressional of Representatives a report on the educational assistance program committees. conducted pursuant to this section. SEC. 209. The assistance provided in this Act for the education of Indians in the public schools of any State is in addition and supplemental to assistance provided under title IV of the Act of June 23, 1972 (86 Stat. 235). Approved January 4, 1975. 25 USC 458e. 20 USC 1001 note. LEGISLATIVE HISTORY: HOUSE REPORT No. 93-1600 (Comm. on Interior and Insular Affairs). Insular Affairs). CONGRESSIONAL RECORD, Vol. 120 (1974): Feb. 8, considered and passed Senate. Apr. 1, reconsidered and passed Senate. Dec. 19, considered and passed House, amended; Senate concurred WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 2: |