A bill to make clarifying, corrective, and conforming amendments to laws relating to Indian education, and for other purposes.
PL 100-427 (H.R.5174), enacted 09/09/1988

PUBLIC LAW 100-427—SEPT. 9, 1988 
102 STAT. 1603 
Public Law 100-427 
100th Congress 
An Act 
To make clarifying, corrective, and conrorming amendments to laws relating to 
Sept. 9, 1988 
Indian education, and for other purposes. 
[H.R. 5174] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. BUREAU FUNDED SCHOOLS. 
(a) FACTORS.—Section 1121(kXl) of the Education Amendments of 
1978 (25 U.S.C. 2001(kXl)) is amended— 
(1) in subparagraph (AXi)— 
(A) by striking out "has not previously received funds 
from the Bureau" and inserting in lieu thereof "is not a 
Bureau funded school"; 
(B) by striking out "Bureau school board" and inserting 
in lieu thereof "school board of any Bureau funded school"; 
(C) by striking out "has not previously been operated or 
funded by the Bureau" in subclause (I) and inserting in lieu 
thereof "is not a Bureau funded school"; and 
(D) by striking out "any program currently funded by the 
Bureau" in subclause (II) and inserting in lieu thereof "a 
Bureau funded school"; and 
(2) in subparagraph (BXiii), by striking out "a Bureau oper-
ated program" and inserting in lieu thereof "a Bureau funded 
school". 
(b) APPUCATION.—Section 1121(kX6XA) of the Education Amend-
ments of 1978 (25 U.S.C. 2001(kX6XA)) is amended— 
(1) by striking out "tribally controlled school" and inserting in 
lieu thereof "contract school"; and 
(2) by striking out "the date of enactment of this Act" and 
inserting in lieu thereof "April 28,1988,". 
(c) DEFiNrnONS.—(1) Section 1139 of the Education Amendments 
of 1978 (25 U.S.C. 2019) is amended— 
(A) by redesignating paragraphs (10) through (12) as para-
graphs (11) through (13), respectively; and 
(B) by inserting after paragraph (9) the following new 
paragraph: 
"(10) the term 'Office' means the Office of Indian Education 
Programs within the Bureau;". 
(2) Section 1139(5) of the Education Amendments of 1978 (25 
U.S.C. 2019) is amended— 
(A) by striking out "104(1)" and inserting in lieu thereof 
"104(a)"; and 
(B) by striking out "450h(l)" and inserting in lieu thereof 
"450h(a)". 
(3) Section 1126(a) of the Education Amendments of 1978 (25 
U.S.C. 2006(a)) is amended by striking out "(hereinafter referred to 
as the 'Office')". 
102 STAT. 1604 
PUBLIC LAW 100-427—SEPT. 9, 1988 
SEC. 2. ALLOTMENT FORMULA. 
(a) FISCAL YEAR 1990.—Section 1128(cXlXB) of the Education 
Amendments of 1978 (25 U.S.C. 2008(cXlXB)) is amended by striking 
out "an average daily attendance o f and inserting in lieu thereof 
"an enrollment of. 
0)) TECHNICAL AMENDMENTS.—(1) Clause (i) of section 1128(cX4XA) 
of the Education Amendments of 1978 (25 U.S.C. 2008(cX4XA)) is 
amended by striking out "Amendments" and inserting in lieu 
thereof "Act". 
(2) Clause (iii) of section 5107(bXlXA) of the Indian Education 
Amendments of 1988 (20 U.S.C. 1411 note) is amended— 
(A) by striking out "602(1)" and inserting in lieu thereof 
"602(aXl)"; and 
(B) by striking out "401(1)" and inserting in lieu thereof 
"1401(aXl)". 
(c) CONTRACT SCHOOLS TREATED AS POLITICAL SUBDIVISIONS.—Sec-
tion 1128(cX5) of the Education Amendments of 1978 (25 U.S.C. 
2008(cX5)) is amended by striking out "schools operated by Indian 
trib^" and inserting in lieu thereof "contract schools". 
SEC 3. EMERGENCIES AND UNFORESEEN CONTINGENCIES. 
Section 1128(d) of the Education Amendments of 1978 (25 U.S.C. 
2008(d)) is amended to read as follows: 
"(d) The Secretary shall reserve from the funds available for 
distribution for each fiscal year under this section an amount which, 
in the aggr^ate, shall equal 1 percent of the funds available for 
such purpose for that fiscal year. Such funds shall be used, at the 
discretion of the Director of the Office, to meet emergencies and 
unforeseen contingencies affecting the education programs funded 
under this section. Funds reserv^ under this suteection may only 
be expended for education services or programs at a schoolsite (as 
defined in section 5204(cX2) of the Tribally C!ontrolled Schools Act of 
1988). Funds reserved under this subsection shall remain available 
without fiscal year limitation until expended. However, the aggre-
gate amount available from all fiscal years may not exceed 1 percent 
Reports. 
of the current year funds. Whenever the Secretary makes funds 
available under this subKsection, the Secretary shall report such 
action to the appropriate committees of Congress within the annual 
budget submission.". 
SEC. 4. ADMINISTRATIVE COST GRANTS. 
(a) AMOUNT OF GRANT; RATE APPUCABLE ONLY TO EDUCATIONAL 
ACTIVITIES.—Section 1128A(bXl) of the Education Amendments of 
1978 (25 U.S.C. 2008a(bXl)) is amended— 
(1) by striking out "to each of the direct cost education 
programs" and inserting in lieu thereof "to the a^regate of the 
Bureau elementary and secondary functions"; and 
(2) by adding at the end thereof the following new sentence: 
"The administrative cost percentage rate determined under 
subsection (c) does not applv to other prc^rams operated by the 
tribe or tribal organization.'. 
(b) SINGLE ADMINISTRATIVE COST ACCOUNT.—Subsection (dXlXA) of 
section 1128A of the Education Amendments of 1978 (25 U.S.C. 
2008a) is amended by inserting "tribe or" before "contract school" 
each place it appears. 
(c) STUDIES.—Subsection (f) of section 1128A of the Education 
Amendments of 1978 (25 U.S.C. 2008a) is amended— 
PUBLIC LAW 100-427—SEPT. 9, 1988 
102 STAT. 1605 
(1) by redesignating paragraphs (3) through (6) as paragraphs 
(4) through (7), respectively; and 
(2) by inserting after paragraph (2) the following new 
paragraph: 
"(3) In carrying out the studies required under this subsection, the 
Secretary shall obtain the input of, and afford an opportunity to 
participate to, the Inspector CJeneral of the Department of the 
Interior.". 
(d) GRANT SCHOOLS.—Section 1128A of the Education Amend-
ments of 1978 (25 U.S.C. 2008a) is amended by adding at the end 
thereof the following new subsection: 
"(i) The provisions of this section shall also apply to those schools 
operating under the Tribally Controlled Schools Act of 1988.". 
SEC. 5. SCHOOL BOARD TRAINING. 
(a) EFFECTIVE DATE.—Paragraph (3) of section 1128(c) of the Edu-
cation Amendments of 1978 (25 U.S.C. 2008(c)) is amended by adding 
at the end thereof the following new subparagraph: 
"(D) This paragraph shall take effect on October 1,1989.". 
(b) SET-ASIDE AMOUNT.—Clause (ii) of section 1128(cX3XC) of the 
Education Amendments of 1978 (25 U.S.C. 2008(c)(3XC)) is amended 
by striking out "2 percent" and inserting in lieu thereof "1 percent". 
SEC. 6. COORDINATED PROGRAMS. 
Section 1129(fKl) of the Education Amendments of 1978 (25 U.S.C. 
2009(0(1) is amended— 
(1) by striking out "a school" and inserting in lieu thereof "a 
Bureau school"; 
(2) by striking out "whose children are served by a program 
operated by the Bureau"; 
(3) by striking out "education programs operated by the 
Bureau" and inserting in lieu thereof "the school"; and 
(4) in subparagraph (A), by striking out "if a facility operated 
by the Bureau which is currently accredited by a State or 
regional accrediting entity would continue to be accredited" and 
inserting in lieu thereof "unless the Bureau school is currently 
accredited by a State or regional accrediting entity and would 
not continue to be so accredited". 
SEC. 7. CONSULTATION. 
Section 11300)X2) of the Education Amendments of 1978 (25 U.S.C. 
2010(bX2)) is amended by striking out "from information educed or 
presented during the discussions" and substituting in lieu thereof 
"from information educed or presented by the interested parties 
during one or more of the discussions and deliberations.". 
SEC. 8. PERSONNEL STUDIES. 
Section 5113 of the Indian Education Amendments of 1988 (25 
U.S.C. 2011 note) is amended— 
(1) in subsection (aX2), by striking out "schools operated 
within the United Statt..^'" and inserting in lieu thereof "ele-
mentary and secondary schools operated"; and 
(2) in subsection (e), by striking out "11" and inserting in lieu 
thereof "XI". 
102 STAT. 1606 
PUBLIC LAW 100-427—SEPT. 9, 1988 
SEC. 9. REGULAR 
COMPENSATION 
OF 
BUREAU 
EDUCATORS: 
NON-
VOLUNTARY FURLOUGHS. 
(a) COMPENSATION.—Section 1131(hKl) of the Education Amend-
ments of 1978 (25 U.S.C. 2011(hXl)) is amended— 
(1) in subparagraph (B), by striking out "the close of the 6-
month period beginning on the date of enactment of the Indian 
Education Amendments of 1988" and inserting in Heu thereof 
"October 28,1988"; 
(2) in subparagraph (C), by striking out "the close of the 6-
month period described in subparagraph (B)" and inserting in 
lieu thereof "October 28,1988"; 
(3) in subparagraph (C)(i), by striking out "the date of enact-
ment of the Indian Education Amendments of 1988" and insert-
ing in lieu thereof "April 28,1988,"; 
(4) in subparagraph (EXi), by striking out "any individual 
employed in an education position on the day before the date of 
enactment of the Indian Education Amendments of 1988 if this 
paragraph did not apply to such individual on such day" and 
inserting in lieu thereof "an educator who was employed in an 
education position on October 31, 1979, and who did not make 
the election under paragraph (2) of subsection (o)"; and 
(5) in subparagraph (EXiii), by inserting before the period 
", except that the individual must use leave accrued during a 
contract period by the end of that contract period". 
(b) APPLICATION.—Section 1131(o) of the Education Amendments 
of 1978 (25 U.S.C. 201 l(o)) is amended— 
(1) in paragraph (1)— 
(A) by striking out "This section shall apply with respect 
to any individual hired after the effective date of subsection 
(aX2) for employment in an education position" and insert-
ing in lieu thereof "Subsections (a) through (n) of this 
section apply to an educator hired after November 1, 1979 
(and to an educator who elected application under para-
graph (2))"; and 
(B) by striking out "any individual employed immediately 
before the effective date of subsection (aX2)" and inserting 
in lieu thereof "an individual employed on October 31, 
1979"; and 
(2) in paragraph (2)— 
(A) by striking out "position immediately before the effec-
tive date of subsection (aX2) may, within five years of the 
date of enactment of this Act" and inserting in lieu thereof 
"position on October 31, 1979, may, not later than Novem-
ber 1,1983"; and 
(B) by inserting "of subsections (a) through (n)" after 
"provisions". 
(c) FURLOUGHS.—Section 1131(pXl) of the Education Amendments 
of 1978 (25 U.S.C. 2011(pXl)) is amended— 
(1) by striking out "No educator whose basic compensation is 
paid from funds allocated under section 1128 may be" and 
inserting in lieu thereof "An educator who was employed in an 
education position on October 31, 1979, who was eligible to 
make an election under paragraph (2) of subsection (o) at that 
time, and who did not make the election under paragraph (2) of 
subsection (o), may not be"; 
PUBLIC LAW 100-427—SEPT. 9, 1988 
102 STAT. 1607 
(2) in subparagraph (A), by striking out "a shortage of funds" 
and inserting in lieu thereof "an insufficient amount of funds 
available for personnel compensation at such school, as deter-
mined under the financial plan process as determined under 
section 1129(b) of this Act"; and 
(3) by inserting before the period at the end of subparagraph 
(B) ", except that the supervisor, with the approval of the local 
school board (or of the agency superintendent for education 
upon appeal under paragraph (2)), may continue one or more 
educators in pay status if (i) they are needed to operate summer 
programs, attend summer training sessions, or participate in 
special activities including (but not limited to) curriculum devel-
opment committees, and (ii) they are selected based upon their 
qualifications, after public notice of the minimum qualifications 
reasonably necessary and without discrimination as to super-
visory, nonsupervisory, or other status of the educators who 
apply". 
(d) FINANCIAL PLANS.—Section 1129 of the Education Amend-
ments of 1978 (25 U.S.C. 2009) is amended by adding after the first 
sentence of subsection (b) the following new sentence: "The super-
visor shall provide the appropriate union representative of the 
education employees with copies of proposed draft financial plans 
and all amendments or modifications thereto, at the same time they 
are submitted to the local school board.". 
SEC. 10. GRANTS. 
(a) IN GENERAL.—Section 5204(a)(1) of the Tribally Controlled 
Schools Act of 1988 (25 U.S.C. 2503(a)(1)) is amended by striking 
out subparagraphs (A) and (B) and inserting in lieu thereof the 
following: 
"(A) operate contract schools under title XI of the Edu-
cation Amendments of 1978 and notify the Secretary of 
their election to operate the schools with assistance under 
this part rather than continuing as contract schools; 
"(B) operate other tribally controlled schools eligible for 
assistance under this part and submit applications (which 
are approved by their tribal governing bodies) to the Sec-
retary for such grants; or 
"(C) elect to assume operation of Bureau schools with 
assistance under this part and submit applications (which 
are approved by their tribal governing bodies) to the Sec-
retary for such grants.". 
(b) RETROCESSION.—Section 5204(f) of the Tribally Controlled 
Schools Act of 1988 (25 U.S.C. 2503(f)) is amended— 
(1) by adding the following at the end thereof: 
"The tribe requesting retrocession shall specify whether the ret-
rocession is to status as a Bureau school or as a contract school 
under title XI of the Education Amendments of 1978. Except as 
otherwise determined by the Secretary, the tribe or tribal organiza-
tion operating the program to be retroceded must transfer to the 
Secretary (or to the tribe or tribal organization which will operate 
the program as a contract school) the existing equipment and 
materials which were acquired— 
"(1) with assistance under this part, or 
"(2) upon assumption of operation of the program under this 
part if it was a Bureau funded school under title XI of the 
Discrimination, 
prohibition. 
Contracts. 
102 STAT. 1608 
PUBLIC LAW 100-427-SEPT. 9, 1988 
Education Amendments of 1978 before receiving assistance 
under this part."; 
(2) by striking out "tribe" each place it appears in the first 
sentence and inserting in lieu thereof "tribal governing body"; 
and 
(3) by striking out "Indian" in the first sentence. 
(c) COMPOSITION.—Section 5205(bX3XAXi) of the Tribally Con-
trolled Schools Act of 1988 (25 U.S.C. 2504(bX3XAXi)) is amended by 
inserting "chapter 1 o f before "title I". 
SEC. 11. ELIGIBILITY FOR GRANTS. 
(a) IN GENERAL.—Subparagraphs (A) and (B) of section 5206(aXl) 
of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2505(aXl)) 
are amended to read as follows: 
Contracts. 
"(A) was, on April 28, 1988, a contract school under title XI of 
the Education Amendments of 1978 and the tribe or tribal 
organization operating the school submits to the Secretary a 
written notice of election to receive a grant under this part, 
"(B) was a Bureau school under title XI of the Education 
Amendments of 1978 and has met the requirements of subsec-
tion (b),". 
(b) ADDITIONAL REQUIREMENTS FOR BUREAU FUNDED SCHOOLS.— 
Section 5206(bXl) of the Tribally Controlled Schools Act of 1988 (25 
U.S.C. 2505(bXl)) is amended by striking out "Any school that was 
operated as a Bureau school on the date of enactment of this Act" 
and inserting in lieu thereof "A school that was a Bureau funded 
school under title XI of the Education Amendments of 1978 on 
April 28,1988.". 
(c) SCHOOLS WHICH ARE NOT BUREAU FUNDED.—Section 5206(c) of 
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2505(c)) is 
amended— 
(1) by amending the subsection heading to read "ADDITIONAL 
REQUIREMENTS FOR A SCHOOL WHICH IS NOT A BUREAU FUNDED 
SCHOOL.—"; and 
(2) in paragraph (1), by striking out "A school for which the 
Bureau has not provided funds" and inserting in lieu thereof "A 
school which is not a Bureau funded school under title XI of the 
Education Amendments of 1978". 
(d) APPLICATIONS AND REPORTS.—Section 5206(dXl) of the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 2505(dXl)) is amended by 
striking out "the Department of Education" and inserting in lieu 
thereof "the Bureau of Indian Affairs". 
(e) RECORD OF HEARINGS.—Section 5206(fKlXC) of the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 2505(fKD(C)) is amended by 
inserting "on the record" after "hearing". 
SEC. 12. DURATION OF ELIGIBILITY DETERMINATION. 
(a) ROLE OF SECRETARY OF EDUCATION.—Subclause (I) of section 
5207(cXlXAXii) of the Tribally Controlled Schools Act of 1988 (25 
U.S.C. 2506(cXlXAXii)) is amended by striking out "as determined 
by" and inserting in lieu thereof "as recognized by". 
(b) REVOCATION.—Subclause (V) of section 5207(cXlXAXii) of the 
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2506(cXlXAXii)) is 
amended— 
(1) by striking out the last sentence and inserting in lieu 
thereof the following: "If the Secretary and a grantee other 
than the tribal governing body fail to agree on such an evalua-
PUBLIC LAW 100-427—SEPT. 9, 1988 
102 STAT. 1609 
tor, the tribal governing body shall choose the evaluator or 
perform the evaluation. If the Secretary and a grantee which is 
the tribal governing body fail to agree on such an evaluator, this 
subclause shall not apply."; and 
(2) by inserting "(or revisions of such standards agreed to by 
the Secretary and the grantee)" after "Education Assistance 
Act", 
(c) APPLICATION.—Section 5207 of the Tribally Controlled Schools 
Act of 1988 (25 U.S.C. 2507) is amended by adding at the end thereof 
25 USC 2506. 
the following new subsection: 
"(d) 
APPLICABILITY OF SECTION PURSUANT TO ELECTION UNDER 
SECTION 5209(b).—With respect to a tribally controlled school which 
receives assistance under this part pursuant to an election made 
under section 5209(b)— 
"(1) subsection (b) of this section shall apply; and 
"(2) the Secretary may not revoke eligibility for assistance 
under this part except in conformance with subsection (c) of this 
section.". 
SEC. 13. PAYMENTS OF GRANTS. 
(a) PAYMENT.—Paragraph (2) of section 5208(a) of the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 2507(a)) is amended by 
striking out "under this part" and inserting in lieu thereof "from 
Bureau funds". 
(b) RESTRICTIONS.—Section 5208(a) of the Tribally Controlled 
Schools Act of 1988 (25 U.S.C. 2507(a)) is amended by adding the 
following new paragraph at the end thereof: 
"(3) Paragraphs (1) and (2) of this subsection shall be subject 
to any restriction on amounts of payments under this part that 
may be imposed by a continuing resolution or other Act appro-
priating the funds involved.". 
SEC. M. APPLICATION WITH RESPECT TO INDIAN SELF-DETERMINATION 
AND EDUCATION ASSISTANCE ACT. 
Section 5209 of the Tribally Controlled Schools Act of 1988 (25 
U.S.C. 2508) is amended— 
(1) in subsection (b) by adding at the end thereof the following: 
"(3) In any case in which the 60-day period referred to in 
paragraph (2)(B) is less than 60 days before the beginning of the 
succeeding fiscal year, such election shall not take effect until 
the fiscal year after the fiscal year succeeding the election. For 
fiscal year 1989, the Secretary may waive this paragraph for 
elections received prior to September 30, 1988."; and 
(2) by adding the following new subsections at the end thereof: 
"(d) TRANSFERS AND CARRYOVERS.— 
Contracts. 
"(1) A tribe or tribal organization assuming the operation of a 
Bureau school with assistance under this part shall be entitled 
to the transfer or use of buildings, equipment, supplies, and 
materials to the same extent as if it were contracting under the 
Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.). 
"(2) A tribe or tribal organization assuming the operation of a 
contract school with assistance under this part shall be entitled 
to the transfer or use of the buildings, equipment, supplies, and 
materials that were used in the operation of the contract school 
to the same extent as if it were contracting under the Indian 
102 STAT. 1610 
PUBLIC LAW 100-427—SEPT. 9, 1988 
Self-Determination and Education Assistance Act (25 U.S.C. 450 
et seq.). 
"(3) Any tribe or tribal organization which assumes operation 
of a Bureau school with assistance under this part and any tribe 
or tribal organization which elects to operate a school with 
assistance under this part rather than to continue as a contract 
school shall be entitled to any funds which would carryover 
from the previous fiscal year as if such school were operated as 
a contract school. 
Grants. 
"(e) EXCEPTIONS, PROBLEMS, A
N
D DISPUTES.—Any exception or 
Contracts. 
problem cited in an audit conducted pursuant to section 5207(bX2) of 
this Act, any dispute regarding the amount of a grant under section 
5205 (and the amount of any funds referred to in that section), any 
payments to be made under section 5208 of this Act, and any dispute 
involving the amount of, or payment of, the administrative grant 
under section 1128A of the EJducation Amendments of 1978 (25 
U.S.C. 2008a) shall be handled under the provisions governing such 
exceptions, problems, or disputes in the case of contracts under the 
Indian Self-Determination and Education Assistance Act of 1975 
(Public Law 93-658; 25 U.S.C. 450 et seq.).". 
SEC. 15. GRANTS TO LOCAL EDUCATIONAL AGENCIES. 
Section 5312 of the Indian Education Act of 1988 (25 U.S.C. 2602) 
is amended— 
(1) by amending subsection (bXD to read as follows: 
"(1) For any fiscal year for which appropriations are au-
thorized under section 5316 of this Act, the Secretary shall 
determine the number of Indian children who were enrolled in 
the schools of each local educational agency that applies for a 
grant, and for whom such agency provided free public edu-
cation, during such fiscal year."; 
(2) in subsection (b)(2)(A), by striking all after "the product 
of^" and inserting in lieu thereof the following: 
"(i) the number of Indian children determined under 
paragraph (1), multiplied by 
"(ii) the average per pupil expenditure per local edu-
cational agency, as determined under subparagraph (C), 
bears to the sum of such products for all such local educational 
agencies."; 
(3) in the first sentence of subsection (bX2XB)— 
(A) by striking out "eligible"; and 
(B) by inserting "determined under paragraph (1)" after 
"children"; 
(4) in subsection (bX3), by striking out "5315(cX2)" and insert-
ing in lieu thereof "5315(c)"; and 
(5) in subsection (cXD, bv striking out "in accordance with the 
provisions of this sulbpart and inserting in lieu thereof ", on a 
competitive basis,". 
SEC. 16. APPLICATIONS FOR GRANTS; CONDITIONS FOR APPROVAL. 
Section 5314 of the Indian Education Act of 1988 (25 U.S.C. 2604) 
is amended— 
(1) in subsection (a)— 
(A) by striking out "provided"; and 
(B) by striking out "5312(b)" and inserting in lieu thereof 
"5312(c)"; 
PUBLIC LAW 100-427—SEPT. 9, 1988 
102 STAT. 1611 
(2) in subsection (bX3), by inserting "," after "procedures" the 
first place it appears; 
(3) in subsection (dXD, by striking out "include a form" and 
inserting in lieu thereof "be supported by a form, maintained in 
the files of the applicant,"; 
(4) in subsection (dX2XAXii), by striking out "grandparents," 
and inserting in lieu thereof "grandparents"; 
(5) in subsection (dX2XB), by striking out "applicant" and 
inserting in lieu thereof "child"; 
(6) in subparagraphs (C) and (D) of subsection (dX2), by strik-
ing out "or legal guardian" each place it appears; 
(7) in subsection (dX3)— 
(A) by inserting "other" before "information"; and 
(B) by inserting after the first sentence the following: 
"In order for a child to be counted in computing the local edu-
cational agency's grant award, the eligibility form for the child must 
contain at least— 
"(A) the child's name; 
"(B) the name of the tribe, band, or other organized group of 
Indians; and 
"(C) the parent's dated signature."; and 
(8) in subsection (eXD— 
(A) by striking out "education" in subparagraph (A) and 
inserting in lieu thereof "educational"; 
(B) by striking out "provide" in subparagraph (B) and 
inserting in lieu thereof "provided"; and 
(C by striking out "education" in subparagraph (C) and 
inserting in lieu thereof "educational". 
SEC. 17. PAYMENTS. 
Section 5315(c) of the Indian Education Act of 1988 (25 U.S.C. 
2605(c)) is amended to read as follows: 
"(c) REDUCTION FOR FAILURE TO MAINTAIN FISCAL EFFORT.— 
"(1) The Secretary shall not pay to any local educational 
State and local 
agency its full allotment under section 5312 for any fiscal year 
governments. 
unless the State educational agency determines that the com-
bined fiscal effort of that local agency and the State with 
respect to the provision of free public education by that local 
agency for the preceding fiscal year, computed on either a per 
student or aggregate expenditure basis, was at least 90 percent 
of such combined fiscal effort, computed on the same basis, for 
the second preceding fiscal year. 
"(2) If the Secretary determines for any fiscal year that a local 
educational agency failed to maintain its expenditures at the 90 
percent level required by paragraph (1), the Secretary shall— 
"(A) reduce the allocation of funds to that agency in the 
exact proportion of that agency's failure to maintain its 
expenditures at that level, and 
"(B) not use the reduced amount of the agency's expendi-
tures for the preceding year to determine compliance with 
paragraph (1) in any succeeding fiscal year, but shall use 
the amount of expenditures that would have been required 
to comply with paragraph (1). 
"(3) The Secretary may waive the requirements of this subsec-
tion for one fiscal year only if the Secretary determines that a 
waiver would be equitable due to exceptional or uncontrollable 
circumstances, such as a natural disaster or a precipitous and 
102 STAT. 1612 
PUBLIC LAW 100-427—SEPT. 9, 1988 
unforeseen decline in the agency's financial resources. The 
Secretary shall not use the reduced amount of the agency's 
expenditures for the fiscal year preceding the fiscal year for 
which a waiver is granted to determine compliance with para-
graph (1) in any succeeding fiscal year, but shall use the amount 
of expenditures that would have been required to comply with 
paragraph (1) in the absence of a waiver.". 
SEC. 18. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN 
CHILDREN. 
(a) TRAINING FOR THOSE SERVING INDIAN STUDENTS.—Section 
5321(d) of the Indian Education Act of 1988 (25 U.S.C. 2621(d)) is 
amended by adding at the end thereof the following: 
Grants. 
"(4) In making grants under this subsection, the Secretary 
shall consider prior performance and may not limit eligibility 
on the basis of the number of previous grants or the length of 
time for which the applicant has received grants.". 
(b) TECHNICAL AMENDMENTS.—Subparagraphs (B) and (C) of sec-
tion 5321(eXl) of the Indian Education Act of 1988 (25 U.S.C. 
2621(eXl)) are each amended by striking out "upon request" and 
inserting in lieu thereof ", upon request,". 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 5321(gXl) of the 
Indian Education Act of 1988 (25 U.S.C. 2621(gXl)) is amended by 
inserting ", other than subsection (eXD" after "this section". 
SEC. 19. FELLOWSHIPS FOR INDIAN STUDENTS. 
(a) TECHNICAL CORRECTION.—Section 5323(a) of the Indian Ed-
ucation Act of 1988 (25 U.S.C. 2623(a)) is amended by striking 
out 
"post 
baccalaureate" 
and 
inserting 
in 
lieu 
thereof 
"postbaccalaureate". 
(b) TABLE OF CONTENTS.—The item relating to section 5323 in the 
table of contents contained in section 1(b) of the Augustus F. Haw-
kins-Robert T. Stafford Elementary and Secondary School Improve-
ment Amendments of 1988 (102 Stat. 139) is amended to read as 
follows: 
"Sec. 5323. Fellowships for Indian Students.". 
SEC. 20. GIFTED AND TALENTED. 
(a) DEMONSTRATION PROJECTS.—Section 5324(bX3XC) of the Indian 
Education Act of 1988 (25 U.S.C. 2624(bX3XC)) is amended by 
striking out "subsection (d)" and inserting in lieu thereof "subsec-
tion (c)". 
(b) ADDITIONAL GRANTS.—Section 5324(c) of the Indian Education 
Act of 1988 (25 U.S.C. 2624(c)) is amended— 
(1) in paragraph (4XB), by striking out "1128(cXlXAXii)" and 
inserting in lieu thereof "1128(cX4XAXi)"; and 
(2) in paragraph (7XA), by striking out "evaluator" and insert-
ing in lieu thereof "demonstration project recipients under 
subsection (b)". 
SEC. 21. OFFICE OF INDIAN EDUCATION. 
Section 534ia)X2XD) of the Indian Education Act of 1988 (25 U.S.C. 
2641flt)X2XD)) is amended by striking out "Alaskan" and inserting in 
lieu thereof "Alaska". 
PUBLIC LAW 100-427—SEPT. 9, 1988 
102 STAT. 1613 
SEC. 22. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION. 
Section 5342(aXlXA) of the Indian Education Act of 1988 (25 U.S.C. 
2642(aXlXA)) is amended by striking out "Indians" and inserting in 
lieu thereof "Indians,". 
SEC. 23. DEFINITIONS. 
Section 5351 of the Indian Education Act of 1988 (25 U.S.C. 2651) 
is amended— 
(1) by amending paragraph (4XA) to read as follows: 
"(A) a member (as defined by an Indian tribe, band, or 
other organized group) of such Indian tribe, band, or other 
organized group of Indians, including those Indian tribes, 
bands, or groups terminated since 1940 and those recog-
nized by the State in which they reside,"; 
(2) in paragraph (5XA)— 
(A) by striking out "The" and inserting in lieu thereof 
"Except as provided in subparagraph (B), the"; 
(B) by striking out "section 198(aX10)" and inserting in 
lieu thereof "section 1471(12)"; and 
(C) by striking out "(20 U.S.C. 2854(aX10))" and inserting 
in lieu thereof "(20 U.S.C. 2891(12)"; and 
(3) in paragraph 5(B)— 
(A) by striking out "The term" and all that follows 
through "includes—" and inserting in lieu thereof the fol-
- lowing: "For purposes of the formula grant of subpart 1 
(except for sections 5314(bX2XBXii) and 5315(c)), the term 
'local educational agency' includes—"; and 
(B) by striking out "education" in clause (ii) and inserting 
in lieu thereof "educational". 
SEC. 24. TRIBALLY CONTROLLED COMMUNITY COLLEGES. 
Section 108 of the Tribally Controlled Community College Assist-
ance Act of 1978 (25 U.S.C. 1808) is amended by adding at the end 
thereof the following: 
"(c) Nothing in this section shall be construed as interfering with, 
or suspending the obligation of the Bureau for, the implementation 
of all legislative provisions enacted prior to April 28, 1988, specifi-
cally including those of Public Law 98-192.". 
SEC. 25. USE OF BUREAU FACILITIES. 
(a) IN GENERAL.—Section 5405(a) of the Augustus F. Hawkins-
Robert T. Stafford Elementary and Secondary School Improvement 
Amendments of 1988 (25 U.S.C. 17(a)) is amended to read as follows: 
"(a) IN GENERAL.—The Secretary of the Interior may permit tribal 
Governments and organizations and student organizations to use 
lureau of Indian Affairs equipment, land, buildings, and other 
structures if such use does not interfere with the purpose for which 
they are administered by the Bureau and when such use benefits 
Indians or Federal or federally funded programs. The Secretary may 
charge the user for the cost of the utilities and other expenses 
incurred for the use. The amounts collected shall be credited to the 
appropriation or fund from which the expenses are paid and shall be 
available until the end of the fiscal year following the fiscal year in 
which collected. The Secretary's decision to not permit a use under 
this section is final and shall not be subject to judicial review.". 
(b) Section 5405 of the Augustus F. Hawkins-Robert T. Stafford 
Elementary and Secondary School Improvement Amendments of 
Public lands. 
Public buildings 
and grounds. 
Utilities. 
102 STAT. 1614 
PUBLIC LAW 100-427—SEPT. 9, 1988 
1988 (25 U.S.C. 17) is further amended by adding at the end thereof 
the following new subsection: 
Contracts. 
"(c) The payment of any fee, or agreement to pay costs, to the 
Secretary shall not in any way or to any extent limit the right of the 
United States to rely upon sovereign immunity or any State or 
Federal statute limiting liability or damages from injuries sustained 
in connection with use under this section.". 
SEC. 26. WHITE HOUSE CONFERENCE ON INDIAN EDUCATION. 
(a) COMPOSITION.—Section 5503(aX2) of the Augustus F. Hawkins-
Robert T. Stafford Elementary and Secondary School Improvement 
Amendments of 1988 (25 U.S.C. 2001 note) is amended by inserting 
"(including members of local school boards of schools funded by the 
Bureau of Indian Affairs)" after "Indian educational institutions". 
(b) ADVISORY CIOMMITTEE.—Section 5506(d) of the Augustus F. 
Hawkins-Robert T. Stafford Elementary and Secondary School 
Improvement Amendments of 1988 (25 U.S.C. 2001 note) is amended 
by striking out "traveltime" and inserting in lieu thereof "travel 
time". 
(c) GIFTS.—Section 5507(a) of the Augustus F. Hawkins-Robert T. 
Stafford Elementary and Secondary School Improvement Amend-
ments of 1988 (25 U.S.C. 2001 note) is amended by striking out 
"Force," and inserting in lieu thereof "Force". 
SEC. 27. REPEAL OF ANNUAL REPORT ON EDUCATION OF INDIAN 
CHILDREN. 
Section 6210 of the Augustus F. Hawkins-Robert T. Stafford Ele-
mentary and Secondary School Improvement Amendments of 1988 
(25 U.S.C. 2016a) is repealed. 
Approved September 9, 1988. 
LEGISLATIVE HISTORY—H.R. 5174: 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Aug. 9, considwed and passed House and Senate. 
o