--- kind: "section" citation: "20 U.S.C. § 7824" title: "20" title_heading: "Education" number: "7824" heading: "Consolidated set-aside for Department of the Interior funds" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/20/7824" units: - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools" - "Subchapter VIII — General Provisions" - "Part B — Flexibility in the Use of Administrative and Other Funds" --- # §7824. Consolidated set-aside for Department of the Interior funds - (a) **General authority—** - (1) **Transfer—** The [Secretary](/usc/20/7801.md?p=46) shall transfer to the [Department](/usc/20/7801.md?p=13) of the Interior, as a consolidated amount for [covered programs](/usc/20/7171.md?p=b-2), the [Indian](/usc/20/7491.md?p=3) education programs under part A of subchapter VI, and the education for homeless children and youth program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act [[42 U.S.C. 11431](/usc/42/11431.md) et seq.], the amounts allotted to the [Department](/usc/20/7801.md?p=13) of the Interior under those programs. - (2) **Agreement—** - (A) **In general—** The [Secretary](/usc/20/7801.md?p=46) and the [Secretary](/usc/20/7801.md?p=46) of the Interior shall enter into an agreement, consistent with the requirements of the programs specified in [paragraph (1)](#a-1), for the distribution and use of those program funds under terms that the [Secretary](/usc/20/7801.md?p=46) determines best meet the purposes of those programs. - (B) **Contents—** The agreement shall— - (i) set forth the plans of the [Secretary](/usc/20/7801.md?p=46) of the Interior for the use of the amount transferred and the achievement measures to assess program effectiveness, including program objectives; and - (ii) be developed in consultation with [Indian](/usc/20/7491.md?p=3) tribes. - (b) **Administration—** The [Department](/usc/20/7801.md?p=13) of the Interior may use not more than 1.5 percent of the funds consolidated under this section for its costs related to the administration of the funds transferred under this section. - (c) **Accountability system—** - (1) For the purposes of part A of subchapter I, the [Secretary](/usc/20/7801.md?p=46) of Interior, in consultation with the [Secretary](/usc/20/7801.md?p=46), if the [Secretary](/usc/20/7801.md?p=46) of the Interior requests the consultation, using a negotiated rulemaking process to develop regulations for implementation no later than the 2017-2018 academic year, shall define the standards, assessments, and accountability system consistent with [section 6311 of this title](/usc/20/6311.md), for the schools funded by the Bureau of [Indian](/usc/20/7491.md?p=3) Education on a national, regional, or tribal basis, as appropriate, taking into account the unique circumstances and needs of such schools and the students served by such schools. - (2) The tribal governing body or school board of a school funded by the Bureau of [Indian](/usc/20/7491.md?p=3) Affairs may waive, in part or in whole, the requirements established pursuant to [paragraph (1)](#c-1) where such requirements are determined by such body or school board to be inappropriate. If such requirements are waived, the tribal governing body or school board shall, within 60 days, submit to the [Secretary](/usc/20/7801.md?p=46) of Interior a proposal for alternative standards, assessments, and an accountability system, if applicable, consistent with [section 6311 of this title](/usc/20/6311.md), that takes into account the unique circumstances and needs of such school or schools and the students served. The [Secretary](/usc/20/7801.md?p=46) of the Interior and the [Secretary](/usc/20/7801.md?p=46) shall approve such standards, assessments, and accountability system unless the [Secretary](/usc/20/7801.md?p=46) determines that the standards, assessments, and accountability system do not meet the requirements of [section 6311 of this title](/usc/20/6311.md), taking into account the unique circumstances and needs of such school or schools and the students served. - (3) **Technical assistance.—** The [Secretary](/usc/20/7801.md?p=46) of Interior and the [Secretary](/usc/20/7801.md?p=46) shall, either directly or through a contract, provide technical assistance, upon request, to a tribal governing body or school board of a school funded by the Bureau of [Indian](/usc/20/7491.md?p=3) Affairs that seeks a waiver under [paragraph (2)](#c-2). ## Source credit (Pub. L. 89–10, title VIII, § 8204, formerly title IX, § 9204, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1968; renumbered title VIII, § 8204, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(2), 8007, Dec. 10, 2015, 129 Stat. 2088, 2089, 2100.) ## Notes ### Editorial Notes ### References in Text The McKinney-Vento Homeless Assistance Act, referred to in subsec. (a)(1), is Pub. L. 100–77, July 22, 1987, 101 Stat. 482. Subtitle B of title VII of the Act is classified generally to part B (§ 11431 et seq.) of subchapter VI of chapter 119 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of Title 42 and Tables. ### Amendments 2015—Subsec. (a)(1). Pub. L. 114–95, § 8007(1)(A), substituted “part A of subchapter VI” for “part A of subchapter VII”. Subsec. (a)(2)(B). Pub. L. 114–95, § 8007(1)(B), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “The agreement shall— “(i) set forth the plans of the Secretary of the Interior for the use of the amount transferred and the achievement measures to assess program effectiveness, including measurable goals and objectives; and “(ii) be developed in consultation with Indian tribes.” Subsec. (c). Pub. L. 114–95, § 8007(2), added subsec. (c). ### Statutory Notes and Related Subsidiaries ### Effective Date of 2015 Amendment Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.