Page 625 TITLE 25—INDIANS §§ 2621 to 2624

1See References in Text note below.

(Pub. L. 100–297, title V, §5211, Apr. 28, 1988, 102

Stat. 394.)

§ 2511. Definitions

For purposes of this chapter—

(1) The term ‘‘eligible Indian student’’ has

the meaning of such term in section 1128(f) 1 of

the Education Amendments of 1978.

(2) The term ‘‘Indian tribe’’ means any Indian tribe, band, nation, or other organized

group or community, including any Alaska

Native Village or regional or village corporation (as defined in or established pursuant to

the Alaskan Native Claims Settlement Act [43

U.S.C. 1601 et seq.]), which is recognized as eligible for the special programs and services

provided by the United States to Indians because of their status as Indians.

(3)(A) The term ‘‘tribal organization’’

means—

(i) the recognized governing body of any

Indian tribe, or

(ii) any legally established organization of

Indians which—

(I) is controlled, sanctioned, or chartered

by such governing body or is democratically elected by the adult members of the

Indian community to be served by such organization, and

(II) includes the maximum participation

of Indians in all phases of its activities.

(B) In any case in which a grant is provided

under this chapter to an organization to perform services benefiting more than one Indian

tribe, the approval of the governing bodies of

Indian tribes representing 80 percent of those

students attending the tribally controlled

school shall be considered a sufficient tribal

authorization for such grant.

(4) The term ‘‘Secretary’’ means the Secretary of the Interior.

(5) The term ‘‘tribally controlled school’’

means a school, operated by a tribe or a tribal

organization, enrolling students in kindergarten through grade 12, including preschools,

which is not a local educational agency and

which is not directly administered by the Bureau of Indian Affairs.

(6) The term ‘‘a local educational agency’’

means a public board of education or other

public authority legally constituted within a

State for either administrative control or direction of, or to perform a service function for,

public elementary or secondary schools in a

city, county, township, school district, or

other political subdivision of a State, or such

combination of school districts or counties as

are recognized in a State as an administrative

agency for its public elementary or secondary

schools. Such term includes any other public

institution or agency having administrative

control and direction of a public elementary

or secondary school.

(7) The term ‘‘Bureau’’ means the Bureau of

Indian Affairs of the Department of the Interior.

(Pub. L. 100–297, title V, §5212, Apr. 28, 1988, 102

Stat. 394.)

REFERENCES IN TEXT

Section 1128(f) of the Education Amendments of 1978,

referred to in par. (1), means section 1128(f) of Pub. L.

95–561, which was classified to section 2008(f) of this

title, prior to the general amendment of chapter 22

(§2001 et seq.) of this title by Pub. L. 103–382, title III,

§381, Oct. 20, 1994, 108 Stat. 3979. Pub. L. 103–382 enacted

a new section 1128 of Pub. L. 95–561, relating to administrative cost grants, which is classified to section 2008 of

this title. Provisions defining ‘‘eligible Indian student’’

are now contained in section 2007 of this title.

The Alaskan Native Claims Settlement Act, referred

to in par. (2), probably means the Alaska Native Claims

Settlement Act, Pub. L. 92–203, Dec. 18, 1971, 85 Stat.

688, as amended, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short

Title note set out under section 1601 of Title 43 and

Tables.

CHAPTER 28—INDIAN EDUCATION PROGRAM

SUBCHAPTER I—FINANCIAL ASSISTANCE

TO LOCAL EDUCATIONAL AGENCIES FOR

THE EDUCATION OF INDIAN CHILDREN

§§ 2601 to 2606. Repealed. Pub. L. 103–382, title

III, § 367, Oct. 20, 1994, 108 Stat. 3976

Section 2601, Pub. L. 100–297, title V, §5311, Apr. 28,

1988, 102 Stat. 395, related to policy declaration concerning academic needs of Indian students.

Section 2602, Pub. L. 100–297, title V, §5312, Apr. 28,

1988, 102 Stat. 396; Pub. L. 100–427, §15, Sept. 9, 1988, 102

Stat. 1610, related to grants to local educational agencies for education of Indian children.

Section 2603, Pub. L. 100–297, title V, §5313, Apr. 28,

1988, 102 Stat. 398, related to permissible uses of Federal

funds.

Section 2604, Pub. L. 100–297, title V, §5314, Apr. 28,

1988, 102 Stat. 398; Pub. L. 100–427, §16, Sept. 9, 1988, 102

Stat. 1610; Pub. L. 101–301, §5(c), May 24, 1990, 104 Stat.

207, related to applications for grants and conditions

for approval.

Section 2605, Pub. L. 100–297, title V, §5315, Apr. 28,

1988, 102 Stat. 402; Pub. L. 100–427, §17, Sept. 9, 1988, 102

Stat. 1611, related to payments to local educational

agencies.

Section 2606, Pub. L. 100–297, title V, §5316, Apr. 28,

1988, 102 Stat. 402, authorized appropriations for Indian

education and permitted Secretary to reallocate funds.

For similar provisions, see section 7811 et seq. of Title

20, Education.

SHORT TITLE

Section 5301 of Pub. L. 100–297 provided that part C

(§§5301–5352) of title V of Pub. L. 100–297, enacting this

chapter, repealing sections 241aa, 241bb, 241cc to 241ff,

1211a, 1221f to 1221h, and 3385 to 3385b of Title 20, Education, and repealing provisions set out as notes under

sections 241aa and 1411 of Title 20, could be cited as the

‘‘Indian Education Act of 1988’’, prior to repeal by Pub.

L. 103–382, title III, §367, Oct. 20, 1994, 108 Stat. 3976.

SUBCHAPTER II—SPECIAL PROGRAMS AND

PROJECTS TO IMPROVE EDUCATIONAL

OPPORTUNITIES FOR INDIAN CHILDREN

§§ 2621 to 2624. Repealed. Pub. L. 103–382, title

III, § 367, Oct. 20, 1994, 108 Stat. 3976

Section 2621, Pub. L. 100–297, title V, §5321, Apr. 28,

1988, 102 Stat. 403; Pub. L. 100–427, §18, Sept. 9, 1988, 102

Stat. 1612, related to improvement of educational opportunities for Indian children.

Section 2622, Pub. L. 100–297, title V, §5322, Apr. 28,

1988, 102 Stat. 406, related to special educational training programs for teachers of Indian children.

Section 2623, Pub. L. 100–297, title V, §5323, Apr. 28,

1988, 102 Stat. 407; Pub. L. 100–427, §19(a), Sept. 9, 1988,