Page:United States Statutes at Large Volume 108 Part 5.djvu/496

 108 STAT. 3986 PUBLIC LAW 103-382—OCT. 20, 1994 Federal Register, publication. Federal Register, publication. 25 USC 2004. 25 USC 2005. "(c) After June 30, 1989, no regulation prescribed for the application of any program provided under this title shall become effective unless— "(1) the regulation has been published as a proposed regulation in the Federal Register, "(2) an opportunity of not less than 90 days has been afforded the public to comment on the published proposed regulation, and "(3) the regulation has, after such period for public comment, been published in the Federal Register as a final regulation. "(d) For purposes of this section, the term 'regulation' means any rules, regulations, guidelines, interpretations, orders, or requirements of general applicability prescribed by any officer or employee of the executive branch. "SEC. 1124. SCHOOL BOUNDARIES. "(a) The Secretary shall, in accordance with this section, establish separate geographical attendance areas for each Bureau school. "(b)(1) Except as provided in paragraph (2), on or after Julv 1, 1985, no attendance area shall be changed or established with respect to any Bureau funded school unless the tribal governing body or the local school board concerned (if so designated by the tribal governing body) has been (i) afforded at least six months notice of the intention of the Bureau to change or establish such attendance area, and (ii) given the opportunity to propose alternative boundaries. Any tribe may petition the Secretary for revision of existing attendance area boundaries. The Secretary shall accept such proposed alternative or revised boundaries unless the Secretary finds, after consultation with the affected tribe or tribes, that such revised boundaries do not reflect the needs of the Indian students to be served or do not provide adequate stability to all of the affected programs. "(2) In any case where there is more than 1 Bureau funded school located on an Indian reservation, at the direction of the tribed governing body, the relevant school boards of the Bureau funded schools on the reservation may, by mutual consent, establish the relevant attendance areas for such schools, subject to the approval of the tribal governing body. Any such boundaries so established shall be accepted by the Secretary. "(c) In any case where there is only 1 Bureau operated program located on an Indian reservation, the attendance area for the program shall be the boundaries of the reservation served, and those students residing near the reservation shall also receive services from suchprogram. "(d) The Bureau shall include in the regulations the requirement that each appropriate education line officer coordinate and consult with the affected tribes and relevant school boards in the establishment of such geographic boundaries. "SEC. 1125. FACILITIES CONSTRUCTION. "(a) The Secretary shall immediately begin to bring all schools, dormitories, and other facilities operated by the Bureau or under contract or grant with the Bureau in connection with the education of Indian children into compliance with all applicable Federal, tribal, or State health and safety standards, whichever provide greater protection (except that the tribal standards to be applied shall be no greater than any otherwise applicable Federal or State

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