25 U.S.C. § 5351 — School construction, acquisition, or renovation contracts

(a) Authorization; prerequisites 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) Eligibility requirements for assistance in federally-affected areas; applicability to projects in determining maximum amount, allocation, of funds, etc. The Secretary can expend at least 75 per centum of such funds as are authorized and appropriated under this section on those projects which meet the eligibility requirements under subsections (a) and (b) of section 644 of title 20. Such funds must be allocated on the basis of existing funding priorities, if any, established by the Secretary of Education under subsections (a) and (b) of section 644 of title 20. The Secretary of Education is directed to submit to the Secretary, at the beginning of each fiscal year, commencing with the first full fiscal year after January 4, 1975, a list of those projects eligible for funding under subsections (a) and (b) of section 644 of title 20. (c) Eligibility of private schools to receive funds; maximum amount The Secretary can expend no more than 25 per centum of such funds as can be authorized and appropriated under this section on any school eligible to receive funds under section 5355 of this title. (d) Duties of State education agencies under contracts Any contract entered into by the Secretary under this section must 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 under this section with standards of education at least 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) Advisory consultations by Secretary with affected entities and governing bodies before contracts; applicability The Secretary must consult with the entity designated under section 5346 of this title, and with the governing body of any Indian tribe or tribes the educational opportunity for the members of which will be significantly affected by any contract entered into under this section. Such consultation must be advisory only, but must occur before the entering into of any such contract. The foregoing provisions of this subsection must not be applicable where the application for a contract under this section is submitted by an elected school board of which a majority of its members are Indians. (f) Evaluation and report to Congress of effectiveness of construction, etc., programs; scope and content of report Within ninety days following the expiration of the three year period following January 4, 1975, the Secretary must evaluate the effectiveness of the program under this section and transmit a report of such evaluation to the Congress. Such report must 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; 1 (2) a description of the working relationship between the Department of the Interior and the Department of Education including any memorandum of understanding in connection with the acquisition of data under 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; (4) a description of the working relationship of the Department of the Interior with local or State educational agencies in connection with the contracting for construction, acquisition, or renovation of school facilities under 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 644 of title 20 from the Department of Education to the Department of the Interior. (g) Authorization of appropriations 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 can be necessary, all of such sums to remain available until expended.