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U.S. Code as of:
01/02/2006
Section 458. 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 may expend not less than 75 per centum of such
funds as are authorized and appropriated pursuant to this section
on those projects which meet the eligibility requirements under
subsections (a) and (b) of section 644 (!1) of title 20. Such funds
shall 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 (!1) 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 (!1) of title
20.
(c) Eligibility of private schools to receive funds; maximum amount
The Secretary may expend not more than 25 per centum of such
funds as may be authorized and appropriated pursuant to this
section on any school eligible to receive funds under section 458d
of this title.
(d) Duties of State education agencies pursuant to contracts
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) Advisory consultations by Secretary with affected entities and
governing bodies prior to contracts; applicability
The Secretary shall consult with the entity designated pursuant
to section 456 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 pursuant to this section. Such 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.
(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 shall evaluate the
effectiveness of the program pursuant to this section 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; (!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 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;
(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 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 644 (!1) 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 may be
necessary, all of such sums to remain available until expended.
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