2011 US Code
Title 25 - Indians
Chapter 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS (§§ 2000 - 2021)
Section 2021 - Definitions
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 25 - INDIANS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 25 - INDIANS CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS Sec. 2021 - Definitions |
Contains | section 2021 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 95-561, title XI, §1141, as added Pub. L. 107-110, title X, §1042, Jan. 8, 2002, 115 Stat. 2061. |
Statutes at Large References | 85 Stat. 688 92 Stat. 2143 98 Stat. 2398 99 Stat. 383 102 Stat. 381, 383, 385 108 Stat. 4012, 4013, 4015 112 Stat. 1828 114 Stat. 2763 115 Stat. 2061, 1956, 1986 |
Public Law References | Public Law 89-10, Public Law 92-203, Public Law 95-561, Public Law 98-511, Public Law 99-89, Public Law 100-297, Public Law 103-382, Public Law 105-244, Public Law 106-554, Public Law 107-110 |
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For the purposes of this chapter, unless otherwise specified:
(1) Agency school boardThe term “agency school board” means a body—
(A) the members of which are appointed by all of the school boards of the schools located within an agency, including schools operated under contract or grant; and
(B) the number of such members is 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, and in agencies having schools or a school operated under contract or grant, one such member at least shall be from such a school.
(2) BureauThe term “Bureau” means the Bureau of Indian Affairs of the Department of the Interior.
(3) Bureau-funded schoolThe term “Bureau-funded school” means—
(A) a Bureau school;
(B) a contract or grant 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) Bureau schoolThe 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) Complementary educational facilitiesThe term “complementary educational facilities” means educational program functional spaces such as libraries, gymnasiums, and cafeterias.
(6) Contract or grant schoolThe term “contract or grant school” means an elementary school, secondary school, or dormitory that 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. 2501 et seq.].
(7) DirectorThe term “Director” means the Director of the Office of Indian Education Programs.
(8) Education line officerThe term “education line officer” means a member of the education personnel under the supervision of the Director of the Office, whether located in a central, area, or agency office.
(9) Family literacy servicesThe term “family literacy services” has the meaning given that term in section 7801 1 of title 20.
(10) Financial planThe term “financial plan” means a plan of services provided by each Bureau school.
(11) Indian organizationThe 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 tribes.
(12) Inherently Federal functionsThe term “inherently Federal functions” means functions and responsibilities which, under section 2006(c) of this title, are noncontractable, including—
(A) the allocation and obligation of Federal funds and determinations as to the amounts of expenditures;
(B) the administration of Federal personnel laws for Federal employees;
(C) the administration of Federal contracting and grant laws, including the monitoring and auditing of contracts and grants in order to maintain the continuing trust, programmatic, and fiscal responsibilities of the Secretary;
(D) the conducting of administrative hearings and deciding of administrative appeals;
(E) the determination of the Secretary's views and recommendations concerning administrative appeals or litigation and the representation of the Secretary in administrative appeals and litigation;
(F) the issuance of Federal regulations and policies as well as any documents published in the Federal Register;
(G) reporting to Congress and the President;
(H) the formulation of the Secretary's and the President's policies and their budgetary and legislative recommendations and views; and
(I) the nondelegable statutory duties of the Secretary relating to trust resources.
(13) Local educational agencyThe 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, or independent or other school district located within a State, and includes any State agency that directly operates and maintains facilities for providing free public education.
(14) Local school boardThe 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, for a school serving a substantial number of students from different tribes—
(A) the members of the body shall be appointed by the tribal governing bodies of the tribes affected; and
(B) the number of such members shall be determined by the Secretary in consultation with the affected tribes.
(15) OfficeThe term “Office” means the Office of Indian Education Programs within the Bureau.
(16) Regulation (A) In generalThe term “regulation” means any part of a statement of general or particular applicability of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this Act.
(B) Rule of constructionNothing in subparagraph (A) or any other provision of this chapter shall be construed to prohibit the Secretary from issuing guidance, internal directives, or other documents similar to the documents found in the Indian Affairs Manual of the Bureau of Indian Affairs.
(17) SecretaryThe term “Secretary” means the Secretary of the Interior.
(18) SupervisorThe term “supervisor” means the individual in the position of ultimate authority at a Bureau school.
(19) Tribal governing bodyThe term “tribal governing body” means, with respect to any school, the tribal governing body, or tribal governing bodies, that represent at least 90 percent of the students served by such school.
(20) TribeThe term “tribe” means any Indian tribe, band, nation, or other organized group or community, including an Alaska Native Regional Corporation 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, §1141, as added Pub. L. 107–110, title X, §1042, Jan. 8, 2002, 115 Stat. 2061.)
References in TextThe Tribally Controlled Schools Act of 1988, referred to in pars. (3)(C) and (6), is part B (§5201–5212) of title V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, as amended, 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.
Section 7801 of title 20, referred to in par. (9), was in the original “section 8101 of the Elementary and Secondary Education Act of 1965”, meaning section 8101 of Pub. L. 89–10, which was translated as if it referred to section 9101 of that Act to reflect the probable intent of Congress, because section 8101 was repealed by Pub. L. 107–110, title X, §1011(5)(C), Jan. 8, 2002, 115 Stat. 1986, and section 9101, as added by Pub. L. 107–110, title IX, §901, Jan. 8, 2002, 115 Stat. 1956, defines “family literacy services”.
This Act, referred to in par. (16)(A), means Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as the Education Amendments of 1978. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under section 6301 of Title 20, Education, and Tables.
This chapter, referred to in par. (16)(B), was in the original “this title”, meaning title XI (§1101 et seq.) of Pub. L. 95–561, as amended, which is classified principally to this chapter. For complete classification of title XI to the Code, see Tables.
The Alaska Native Claims Settlement Act, referred to in par. (20), 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 complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
Prior ProvisionsA prior section 2021, Pub. L. 95–561, title XI, §1141, as added Pub. L. 103–382, title III, §381, Oct. 20, 1994, 108 Stat. 4012, related to proration of pay, prior to the general amendment of this chapter by Pub. L. 107–110. See section 2012 of this title.
Another prior section 2021, Pub. L. 95–561, title XI, §1140A, formerly §1141, as added Pub. L. 98–511, title V, §512, Oct. 19, 1984, 98 Stat. 2398; renumbered §1140A and amended Pub. L. 99–89, §9(a)(1), (b), Aug. 15, 1985, 99 Stat. 383, related to proration of pay, prior to the general amendment of this chapter by Pub. L. 103–382.
A prior section 2022, Pub. L. 95–561, title XI, §1142, as added Pub. L. 103–382, title III, §381, Oct. 20, 1994, 108 Stat. 4012, related to extracurricular activities, prior to the general amendment of this chapter by Pub. L. 107–110. See section 2012 of this title.
Another prior section 2022 and prior sections 2022a and 2022b were omitted in the general amendment of this chapter by Pub. L. 103–382.
Section 2022, Pub. L. 95–561, title XI, §1140B, formerly §1142, as added Pub. L. 98–511, title V, §512, Oct. 19, 1984, 98 Stat. 2398; renumbered §1140B, and amended Pub. L. 99–89, §9(a)(1), (c), Aug. 15, 1985, 99 Stat. 383, related to extracurricular activities.
Section 2022a, Pub. L. 95–561, title XI, §1141, as added Pub. L. 100–297, title V, §5116(2), Apr. 28, 1988, 102 Stat. 381, related to early childhood development program.
Section 2022b, Pub. L. 95–561, title XI, §1142, as added Pub. L. 100–297, title V, §5119, Apr. 28, 1988, 102 Stat. 383, related to tribal departments of education.
A prior section 2023, Pub. L. 95–561, title XI, §1143, as added Pub. L. 103–382, title III, §381, Oct. 20, 1994, 108 Stat. 4012; amended Pub. L. 106–554, §1(a)(4) [div. B, title XVI, §1607(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–335, related to early childhood development program, prior to the general amendment of this chapter by Pub. L. 107–110. See section 2019 of this title.
Another prior section 2023, Pub. L. 95–561, title XI, §1143, as added Pub. L. 98–511, title V, §512, Oct. 19, 1984, 98 Stat. 2398, related to employee housing, rental rates, and waiver of rentals during non-session periods and non-pay status, prior to repeal by Pub. L. 99–89, §9(a)(2), Aug. 15, 1985, 99 Stat. 383.
Prior sections 2024 to 2026 were omitted in the general amendment of this chapter by Pub. L. 107–110.
Section 2024, Pub. L. 95–561, title XI, §1144, as added Pub. L. 103–382, title III, §381, Oct. 20, 1994, 108 Stat. 4013; amended Pub. L. 105–244, title IX, §901(d), Oct. 7, 1998, 112 Stat. 1828, related to tribal departments of education. See section 2020 of this title.
Section 2025, Pub. L. 95–561, title XI, §1145, as added Pub. L. 103–382, title III, §381, Oct. 20, 1994, 108 Stat. 4015, related to payments to grantees.
Section 2026, Pub. L. 95–561, title XI, §1146, as added Pub. L. 103–382, title III, §381, Oct. 20, 1994, 108 Stat. 4015; amended Pub. L. 106–554, §1(a)(4) [div. B, title XVI, §1607(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–335, defined terms. See section 2021 of this title.
1 See References in Text note below.
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