Page 595 TITLE 25—INDIANS § 2026

1So in original. No subsec. (b) has been enacted.

this title. For complete classification of this Act to the

Code, see Short Title note set out under section 1801 of

this title and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 20 section 7835.

§ 2025. Payments

(a)(1) 1 Except as otherwise provided in this

subsection, the Secretary shall make payments

to grantees under this chapter in 2 payments—

(A) one payment to be made not later than

July 15 of each year in an amount equal to

one-half of the amount which the grantee was

entitled to receive during the preceding academic year, and

(B) the second payment, consisting of the remainder to which the grantee is entitled for

the academic year, shall be made not later

than December 1 of each year.

(2) For any school for which no payment was

made from Bureau funds in the preceding academic year, full payment of the amount computed for the first academic year of eligibility

under this chapter shall be made not later than

December 1 of the academic year.

(3) With regard to funds for grantees that become available for obligation on October 1 of the

fiscal year for which such funds are appropriated, the Secretary shall make payments to

grantees not later than December 1 of the fiscal

year.

(4) The provisions of chapter 39 of title 31 shall

apply to the payments required to be made by

paragraphs (1), (2), and (3) of this subsection.

(Pub. L. 95–561, title XI, §1145, as added Pub. L.

103–382, title III, §381, Oct. 20, 1994, 108 Stat.

4015.)

§ 2026. Definitions

For the purpose of this chapter, unless otherwise specified—

(1) the term ‘‘agency school board’’ means a

body, the members of which are appointed by

the school boards of the schools located within

such agency, and the number of such members

shall be determined by the Secretary in consultation with the affected tribes, except that,

in agencies serving a single school, the school

board of such school shall fulfill these duties;

(2) the term ‘‘Bureau’’ means the Bureau of

Indian Affairs of the Department of the Interior;

(3) the term ‘‘Bureau funded school’’

means—

(A) a Bureau school;

(B) a contract school; or

(C) a school for which assistance is provided under the Tribally Controlled Schools

Act of 1988 [25 U.S.C. 2501 et seq.];

(4) the term ‘‘Bureau school’’ means a Bureau operated elementary or secondary day or

boarding school or a Bureau operated dormitory for students attending a school other

than a Bureau school;

(5) the term ‘‘contract or grant school’’

means an elementary or secondary school or a

dormitory which receives financial assistance

for its operation under a contract, grant, or

agreement with the Bureau under section 450f,

450h(a), or 458d of this title) or under the Tribally Controlled Schools Act of 1988 (25 U.S.C.

2504) [25 U.S.C. 2501 et seq.];

(6) the term ‘‘education line officer’’ means

education personnel under the supervision of

the Director, whether located in central, area,

or agency offices;

(7) the term ‘‘financial plan’’ means a plan of

services to be provided by each Bureau school;

(8) the term ‘‘Indian organization’’ means

any group, association, partnership, corporation, or other legal entity owned or controlled

by a federally recognized Indian tribe or

tribes, or a majority of whose members are

members of federally recognized Indian tribes;

(9) the term ‘‘local educational agency’’

means a board of education or other legally

constituted local school authority having administrative control and direction of free public education in a county, township, independent, or other school district located within a

State, and includes any State agency which

directly operates and maintains facilities for

providing free public education;

(10) the term ‘‘local school board’’, when

used with respect to a Bureau school, means a

body chosen in accordance with the laws of the

tribe to be served or, in the absence of such

laws, elected by the parents of the Indian children attending the school, except that in

schools serving a substantial number of students from different tribes, the members shall

be appointed by the governing bodies of the

tribes affected, and the number of such members shall be determined by the Secretary in

consultation with the affected tribes;

(11) the term ‘‘Office’’ means the Office of Indian Education Programs within the Bureau;

(12) the term ‘‘Secretary’’ means the Secretary of the Interior;

(13) the term ‘‘supervisor’’ means the individual in the position of ultimate authority at

a Bureau school; and

(14) the term ‘‘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 Alaska 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.

(Pub. L. 95–561, title XI, §1146, as added Pub. L.

103–382, title III, §381, Oct. 20, 1994, 108 Stat.

4015.)

REFERENCES IN TEXT

The Tribally Controlled Schools Act of 1988, referred

to in pars. (3)(C) and (5), is part B (§§5201–5212) of title

V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, which

is classified generally to chapter 27 (§2501 et seq.) of

this title. For complete classification of this Act to the

Code, see Short Title note set out under section 2501 of

this title and Tables.

The Alaska Native Claims Settlement Act, referred

to in par. (14), is 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 com-