View all text of Subpart 2 [§ 6331 - § 6339]
§ 6331. Grants for the outlying areas and the Secretary of the Interior
(a) Reservation of funds
Subject to subsection (e), from the amount appropriated for payments to States for any fiscal year under section 6302(a) of this title, the Secretary shall—
(1) reserve 0.4 percent to provide assistance to the outlying areas in accordance with subsection (b); and
(2) reserve 0.7 percent to provide assistance to the Secretary of the Interior in accordance with subsection (d).
(b) Assistance to outlying areas
(1) Funds reserved
From the amount made available for any fiscal year under subsection (a)(1), the Secretary shall—
(A) first reserve $1,000,000 for the Republic of Palau, subject to such terms and conditions as the Secretary may establish, except that Public Law 95–134, permitting the consolidation of grants, shall not apply; and
(B) use the remaining funds to award grants to the outlying areas in accordance with paragraphs (2) through (5).
(2) Amount of grants
(3) Hold-harmless amounts
For each fiscal year, the amount made available to each outlying area under this subsection shall be—
(A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children counted under paragraph (2) is not less than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the outlying area;
(B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is between 15 percent and 30 percent; and
(C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is below 15 percent.
(4) Ratable reductions
(5) Uses
Grant funds awarded under paragraph (1)(A) may be used only—
(A) for programs described in this chapter, including teacher training, curriculum development, instructional materials, or general school improvement and reform; and
(B) to provide direct educational services that assist all students with meeting the challenging State academic standards.
(c) Definitions
(d) Allotment to the Secretary of the Interior
(1) In general
The amount allotted for payments to the Secretary of the Interior under subsection (a)(2) for any fiscal year shall be used, in accordance with such criteria as the Secretary may establish, to meet the unique educational needs of—
(A) Indian children on reservations served by elementary schools and secondary schools for Indian children operated or supported by the Department of the Interior; and
(B) out-of-State Indian children in elementary schools and secondary schools in local educational agencies under special contracts with the Department of the Interior.
(2) Payments
From the amount allotted for payments to the Secretary of the Interior under subsection (a)(2), the Secretary of the Interior shall make payments to local educational agencies, on such terms as the Secretary determines will best carry out the purposes of this part, with respect to out-of-State Indian children described in paragraph (1). The amount of such payment may not exceed, for each such child, the greater of—
(A) 40 percent of the average per-pupil expenditure in the State in which the agency is located; or
(B) 48 percent of such expenditure in the United States.
(e) Limitation on applicability
(Pub. L. 89–10, title I, § 1121, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1513; amended Pub. L. 114–95, title I, § 1014, Dec. 10, 2015, 129 Stat. 1876; Pub. L. 118–42, div. G, title II, § 209(b)(4)(A), Mar. 9, 2024, 138 Stat. 443.)