[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR39.19]

[Page 174-175]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 39_THE INDIAN SCHOOL EQUALIZATION PROGRAM--Table of Contents
 
            Subpart B_The Indian School Equalization Formula
 
Sec. 39.19  Phase-in provisions.

    (a) Limits on excess gains. No school shall receive a percentage 
increase in its total fund entitlement, over the comparable budget 
amount per school in the FY 79 Bureau Education budget, which is greater 
than the following percentage ratios:
    (1) In FY 80--20%
    (2) In FY 81--70%
    (b) Limits on excess losses. No school shall receive a percentage 
decrease in its total fund entitlement, below the comparable budget 
amount in the FY 79 Bureau Education budget, which is greater than the 
following percentage ratios:
    (1) In FY 80--10%
    (2) In FY 81--30%
    (c) Effects of limits on losses and gains. Local school gains in 
excess of the above percentage limits for each of the limited years 
shall be returned to the common base for all schools and distributed 
through the formula. Funds to limit losses in excess of the above limits 
shall be withdrawn from the common base for all schools and distributed 
to the schools subject to such excess losses.
    (d) Transfer of fiscal accountability. To allow time for developing 
fiscal accountability, knowledge, skill and responsibility at the local 
school level and in order to support accountability by responsible 
Fiscal Agents under section 3679 of the Revised Statutes (the Anti-
Deficiency Act), a period of one year (FY 1980) shall be used during 
which the legal allottee for each Bureau-operated school shall be the 
Education Superintendent of the Agency within which the school is 
located. In the case of off-reservation boarding schools and other 
Bureau-operated schools not served by an Agency Education Office, the 
Area Education Director shall be the legal allottee. Further allocation 
of funds under this rule shall be fully in accordance with the Indian 
School Equalization Program and Formula, and expenditures shall be made 
in accordance with the financial planning provisions of section E of 
this rule.

[[Page 175]]

    (e) Beginning in FY 1981, the allottee shall be as otherwise 
determined in this rule.