Page:United States Statutes at Large Volume 115 Part 2.djvu/1042

 115 STAT. 2026 PUBLIC LAW 107-110-^AN. 8, 2002 "(ii) with respect to a school that is to be closed for not less than 1 year, a time period determined appropriate by the Bureau. "(3) TREATMENT OF CLOSURE. —Any closure of a Bureaufunded school under this subsection for a period that exceeds 30 days but is less than 1 year, shall be treated by the Bureau as an emergency facility improvement and repair project. "(4) USE OF FUNDS.—With respect to a Bureau-funded school that is closed under this subsection, the tribal governing body, or the designated local school board of each Bureaufunded school, involved may authorize the use of funds allocated pursuant to section 1127, to abate the hazardous conditions without further action by Congress. " (f) FUNDING REQUIREMENT.— "(1) DISTRIBUTION OF FUNDS. —Beginning with the first fiscal year following the date of enactment of the Native American Education Improvement Act of 2001, all funds appropriated to the budget accounts for the operations and maintenance of Bureau-funded schools shall be distributed by formula to the schools. No funds from these accounts may be retained or segregated by the Bureau to pay for administrative or other costs of any facilities branch or office, at any level of the Bureau. "(2) REQUIREMENTS FOR CERTAIN USES. — No funds shall be withheld from the distribution to the budget of any school operated under contract or grant by the Bureau for maintenance or any other facilities or road-related purpose, unless such school has consented, as a modification to the contract or in writing for grants schools, to the withholding of such funds, including the amount thereof, the purpose for which the funds will be used, and the timeline for the services to be provided. The school may, at the end of any fiscal year, cancel an agreement under this paragraph upon giving the Bureau 30 days notice of its intent to do so. "(g) No REDUCTION IN FEDERAL FUNDING. —Nothing in this section shall diminish any Federal funding due to the receipt by the school of funding for facilities improvement or construction from a State or any other source. 25 USC 2006. "SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS. "(a) FORMULATION AND ESTABLISHMENT OF POLICY AND PROCE- DURE; SUPERVISION OF PROGRAMS AND EXPENDITURES.— The Secretary shall vest in the Assistant Secretary for Indian Affairs all functions with respect to formulation and establishment of policy and procedure and supervision of programs and expenditures of Federal funds for the purpose of Indian education administered by the Bureau. The Assistant Secretary shall carry out such functions through the Director of the Office of Indian Education Programs. " (b) DIRECTION AND SUPERVISION OF PERSONNEL OPERATIONS.— Deadline. "(1) IN GENERAL. — Not later than 180 days after the date of enactment of the Native American Education Improvement Act of 2001, the Director of the Office shall direct and supervise the operations of all personnel directly and substantially involved in the provision of education program services by the Bureau, including school or institution custodial or maintenance personnel, and personnel responsible for contracting,

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