A bill to amend Title 25 U.S.C., relating to Indian education programs, and for other purposes.
PL 99-228 (S.1621), enacted 12/28/1985

PUBLIC LAW 99-228—DEC. 28, 1985 
99 STAT. 1747 
Public Law 99-228 
99th Congress 
An Act 
To amend title 25, United States Code, relating to Indian education programs, and 
Dec. 28, 1985 
for other purposes. 
[S. 1621] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 1128 of 
Schools and 
Public Law 95-561 (25 U.S.C. 2008), as amended, is amended by— 
colleges. 
(1) deleting "Indian students" in subsection (aXD and 
substituting in lieu thereof "eligible Indian students"; and 
(2) deleting "Indian child" between the words "for each" and 
"attending such school", and "for an" and "in public school" in 
subsection (b), and substitute in lieu thereof "eligible Indian 
student"; and 
(3) by adding the following new subsections: 
"(f) In this section 'eligible Indian student' means a student who— 
"(1) is a member of or is at least a one-fourth degree Indian 
blood descendant of a member of an Indian tribe which is 
eligible for the special programs and services provided by the 
United States through the Bureau of Indian Affairs to Indians 
because of their status as Indians, and 
"(2) resides on or near an Indian reservation or meets the 
criteria for attendance at a Bureau off-reservation boarding 
school. 
"(g)(1) An eligible Indian student may not be charged tuition for 
attendance at a Bureau or contract school. A student attending a 
Bureau school under clause (2)(C) of this subsection may not be 
charged tuition. 
"(2) The Secretary may permit the attendance at a Bureau 
school of a student who is not an eligible Indian student if— 
"(A) the Secretary determines that the student's attend-
ance will not adversely affect the school's program for 
eligible Indian students because of cost, overcrowding, or 
violation of standards, 
"(B) the school board consents, and 
"(C) the student is a dependent of a Bureau, Indian 
Health Service, or tribal government employee who lives on 
or near the school site, or 
"(D) a tuition is paid for the student that is not more than 
that charged by the nearest public school district for out-of-
district students. The tuition collected is in addition to the 
school's allocation under this section. 
"(3) The school board of a contract school may permit stu-
dents who are not eligible Indian students under this subsection 
to attend its contract school and any tuition collected for those 
students is in addition to funding under this section.". 
99 STAT. 1748 
PUBLIC LAW 99-228—DEC. 28, 1985 
25 use 2008 
SEC. 2. Any other provision of law notwithstanding, the Secretary 
note. 
of the Interior shall count for funding purposes under section 1128 
of Public Law 95-561 during the 1985-1986 academic year each 
student attending a Bureau or contract school during the count 
week for that year if the student (a) was counted for funding 
purposes under section 1128 for the 1984-1985 academic year and (b) 
is an eligible Indian student under the amendment to section 1128 
in section 1 of this Act. 
Repeal. 
SEC. 3, The following provisions of law are hereby repealed— 
(1) in the Act of March 1, 1907 (ch. 2285, 34 Stat. 1015) the 
first full paragraph on page 1018 (25 U.S.C. 288). 
25 use 320. 
(2) in the Act of March 3, 1909 (ch. 263, 35 Stat. 781) the last 
two provisos in the second full paragraph on page 783 (25 U.S.C. 
289). 
(3) in the Act of May 27, 1918 (ch. 86, 40 Stat. 561) the third 
proviso in the paragraph under the heading "SUPPORT OF INDIAN 
SCHOOLS" on page 564 (25 U.S.C. 297).". 
Approved December 28, 1985. 
LEGISLATIVE HISTORY—S. 1621: 
SENATE REPORT No. 99-180 (Select Comm. on Indian Affairs). 
eONGRESSIONAL REOORD, Vol. 131 (1985): 
Dec. 18, considered and passed Senate. 
Dec. 16, considered and passed House.