1995 US Code
Title 25 - INDIANS
CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS
Sec. 2511 - Definitions

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§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.