25 U.S.C. § 2510

The tribally controlled grant school endowment program

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(a) In general(1) Establishment

Each school receiving a grant under this chapter may establish, at a federally insured financial institution, a trust fund for the purposes of this section.

(2) Deposits and useThe school may provide—(A) for deposit into the trust fund, only funds from non-Federal sources, except that the interest on funds received from grants provided under this chapter may be used for that purpose;(B) for deposit into the trust fund, any earnings on funds deposited in the fund; and(C) for the sole use of the school any noncash, in-kind contributions of real or personal property, which may at any time be used, sold, or otherwise disposed of.(b) Interest

Interest from the fund established under subsection (a) may periodically be withdrawn and used, at the discretion of the school, to defray any expenses associated with the operation of the school consistent with the purposes of this Act.11 See References in Text note below.

(Pub. L. 100–297, title V, § 5211, as added Pub. L. 107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2078.)Editorial NotesReferences in Text

This Act, referred to in subsec. (b), is Pub. L. 100–297 and probably should be “this part”, meaning part B of title V of Pub. L. 100–297, known as the Tribally Controlled Schools Act of 1988, which is classified generally to this chapter. For complete classification of part B to the Code, see Short Title note set out under section 2501 of this title and Tables.

Prior Provisions

A prior section 2510, Pub. L. 100–297, title V, § 5211, Apr. 28, 1988, 102 Stat. 394, related to regulations, prior to repeal by Pub. L. 107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2063. See section 2509 of this title.

Statutory Notes and Related SubsidiariesEffective Date

Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 1999–2022 · leading case: Chicken Ranch Rancheria v. State of California, 42 F.4th 1024 (9th Cir. 2022).

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Chicken Ranch Rancheria v. State of California, 42 F.4th 1024 (9th Cir. 2022). “8 The dissent’s heavy reliance on IGRA’s burden-shifting framework, see 25 U.S.C. § 2510 (d)(7)(B)(ii), is thus a non sequitur.”

Florida v. Seminole Tribe of Florida, 181 F.3d 1237 (11th Cir. 1999). “” 25 U.S.C. § 2510 (d)(7)(A)(ii). Giving a state an implied right of action against class III tribal gaming conducted in the absence of a compact would be tantamount to deleting the second requirement that must be met in order for the state to pursue this express right of action.”

State of Florida v. Seminole Tribe, 181 F.3d 1237 (11th Cir. 1999). “” 25 U.S.C. § 2510 (d)(7)(A)(ii). Giving a state an implied right of action against class III tribal gaming conducted in the absence of a compact would be tantamount to deleting the second requirement that must be 24 met in order for the state to pursue this express right of…”

Stand Up for California! v. U.S. Dept. of the Interior (E.D. Cal. 2021). “25 U.S.C. § 2510 (d)(7)(A)(iii). In sum, the procedures acknowledge the 27 possibility of a future non-federal undertaking and impose additional guardrails that ensure the 28 environment is accounted for if and when that undertaking is pursued.”

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