Citation
Compilation of Federal laws authorizing education assistance explicitly for American Indians and other native Americans (legislation as amended through December 31, 1975)

Material Information

Title:
Compilation of Federal laws authorizing education assistance explicitly for American Indians and other native Americans (legislation as amended through December 31, 1975)
Creator:
United States
United States -- Congress. -- House. -- Committee on Education and Labor
Place of Publication:
Washington
Publisher:
U.S. Govt. Print. Off.
Publication Date:
Language:
English
Physical Description:
xii, 114 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Indians of North America -- Education -- Law and legislation ( lcsh )
Federal aid to education -- United States ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

General Note:
At head of title: Committee print.
Statement of Responsibility:
Committee on Education and Labor, House of Representatives.

Record Information

Source Institution:
University of Florida
Holding Location:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
025986252 ( ALEPH )
02819421 ( OCLC )
76602889 ( LCCN )
Classification:
KF8210.E3 A3 1976 ( lcc )
344/.73/0791797 ( ddc )

Full Text
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I
[COMMITTEE PRINT]


AUGUST 1976


Printed for the use of the Committee on Education and Labor
CARL D. PERKINS, Chairman

U.S. GOVERNMENT PRINTING OFFICE
63-794 WASHINGTON : 1976


EXPLCITL 196
COMPILATION Oi FEDERAL. LA S

AUTHORIZING EDCA _~N AiC

EXPLICITLY FOR AMEth-cAk-t "'DIANS

AND OTHER NATIVE AMERICANS


(Legislation As Amended Through December 31, 1975)





COMMITTEE ON EDUCATION AND LABOR

HOUSE OF REPRESENTATIVES




























COMMITTEE ON EDUCATION AND LABOR


CARL D. PERKINS, Kentucky, Chairman


FRANK THOMPSON, JR., New Jersey
JOHN H. DENT, Pennsylvania
DOMINICK V. DANIELS, New Jersey
JOHN BRADEMAS, Indiana
JAMES G. O'HARA, Michigan
AUGUSTUS F. HAWKINS, California
WILLIAM D. FORD, Michigan
PATSY T. MINK, Hawaii (on leave)
LLOYD MEEDS, Washington
PHILLIP BURTON, California
JOSEPH M. GAYDOS, Pennsylvania
WILLIAM "BILL" CLAY, Missouri
SHIRLEY CHISHOLM, New York
MARIO BIAGGI, New York
IKE ANDRFZWS, North Carolina
WILLIAM LEHMAN, Florida
JAIME BENITEZ, Puerto Rico
MICIIAEL BLOUIN, Iowa
ROBERT CORNELL, Wisconsin
TED RISENHOOVER, Oklahoma
PAUL SIMON, Illinois
EDWARD BEARD, Rhode Island
LEO ZEFERETTI, New York
GEORGE MILLER, California
RONALD MO-TL, Ohio
TIM HALL, Illinois


ALBERT H. QUIE, Minnesota
JOHN M. ASHBROOK, Ohio
ALPHONZO BELL, California
JOHN N. ERLENBORN, Illinois
MARVIN L. ESCH, Michigan
EDWIN D. ESHLEMAN, Pennsylvania
PETER A. PEYSER, New York
RONALD A. SARASIN, Connecticut
JOHN BUCHANAN, Alabama
JAMES M. JEFFORDS, Vermont
LARRY PRESSLER, South Dakota
WILLIAM F. GOODLING, Pennsylvanta
VIRGINIA SMITH, Nebraska


(U)













CONTENTS

Page
Introduction. _Xi
Part I-Legisla tion administered within the department of ]Iealth,
Education, and Welfare:
Indian Education Act (Public Law 92-318, title IV, as amended):
Part A-Revision of Impacted Areas program as it relates to
Indian children-------------------------------------- 1
Part B-Special programs and projects to improve educational
opportunities for Indian children-------------------------- -6
Part C-Special programs relating to Adult education for Indian-; 10
Part D-Office of Indian Education---------------------------11
Part E-Miscellaneous provisions------------------------------13
Public Law 874, 81st Congress, as amended:
Title I-Financial assistance for local educational agencies in
areas affected by Federal activity:
Section 3(a) -Entitlement for'Indian land_-15
Title III-Financial Assistance to local educational agencies for
the education of Indian children2-----------------------------1
Title IV-General provisions:
Section 402(d)-Regarding the Bureau of Indian Affairs and
Johnson-O'Malley Act-----------------------------2
Section 403 (1) -Definition of Federal property-------------23
Public Law 815, 81st Congress, as amended:
Section 14-School construction assistance in other federally
affected areas --------------------------------------------26
Section 15 (1)-Definition of Federal property ------------------29
Elementary and Secondary Education Act (Public Law 89-10, as
amended):
Title I-Financial assistance to local educational agencies for
education of children from low-income families:
Section 103(a) (1)-Allotment to Department of the Interior. 32
Section 103(d)-Uses of allotment---------------------
Title II-School library resources, textbooks, and other instruc-
tional materials:
Section 202(a)-Allotment to the Department of the Interior- 36
Title III-Supplementary educational centers and services;
guidance, counseling, and testing:
Section 302 (a) (1)-Allotment to Department of the Interior. 37
Title IV-Libraries, learning resources, educational innovation,
and support:
Section 402(a) -Allotment to Department of the Interior- 39
Title VII-Bilingual education programs:
Section 722-Indian children in schools --------------------40
Title VIII- General provisions:
Section 810-Improvement of educational opportunities for
Indian children---------------------------------------41
Education of the Handicapped Act (Public Law 91-230, as amended):
Part B-Assistance for education of all handicapped children:
Section 611(f)-Allotment to Department of the Interior__ 41
National Defense Education Act (Public Law 85-864, as amended):
Title X-Miscellaneous provisions:
Section 1008--Allotments to territories and possessions... -- 45
Emergency School Aid Act (Public Law 92-318, as amended):
Section 720(8)-Definitioi of "local educational agency----------46
Higher Education Act (Public Law 89-329, as amended):
Title IIl-Strengthening developing institutions:
Section 302(a)-Waiver of selected eligibility requirements
for selected institutions-------------------------------48
(III)






IV

Part I Legisit~ri, :idmiis'tered within the Department of Health,
Edu at( ,:w d "\elfairi:---notin ed
Iligh)(r lIducationi Act (Public Law 89-329, as amended)-Continued
Title \'- I'(diication professions development:
Part A -Gwral provisi)11s: Pfit g
Section 503-Appraising education personnel needs- ... 50
Part B1-Attracting and qualifying teachers:
Section 513(c)-Allotment of Teacher Corps members
to BIA schools----- ..........51
Part D-Improving training opportunities for personnel
serving in programs of education other than higher edu-
cation:
Section 532-Teachers for Indian children-..... 53
Adult Education Act (Public Law 89-750, Title III as amended)
Section 314-Improvement of educational opportunities for adult
Indians- -54
Part II-Legislation administered within the Department of the Interior:
Subpart A-Statute citations concerning education:
Snyder Act of 1921 (Public Law 85, 67th Congress) ----------- 55
Johnson-O'Malley Act (Public Law 167, 73d Congress, as
amended) 55
Indian Adult Vocational Education (Public Law 959, 84th
Congress, as amended) ----------------------------------57
Navajo Community College Act (Public Law 92-189) -----------58
Indian Self-Determination and Education Assistance Act (Public
Law 93-638) ------------------------------------------58
Reorganization Plan No. 3 of 1950 ---------------------------73
Subpart B-Selected primary United States Code citations concerning
education:
United States Code, Title 25--Indians:
Chapter 2-Officers of Indian Affairs --------------------- 75
Section 47. Employment of Indian labor and purchase of
products of Indian industry -----------------------75
Section 48. Right of tribes to direct employment of
persons engaged for them ------------------------- 75
Chapter 4-Performance by United States of obligations to
Indians ------------------------------------------- 75
Section 104. Purchase of articles manufactured at
schools ----------------------------------------76
Section 123. Expenditure from tribal funds without
specific appropriations ----------------------------76
Chapter 6--Goveqment of Indian country and reservations. 76
Section 231. Enforcement of State laws affecting health
and education; entry of State employees on Indian
lands ----------------------------------------- 77
Chapter 7-Education of Indians ------------------------ 77
Section 278a. Use of appropriated funds for education in
sectarian schools prohibited; exceptions ------------- 77
Section 297. Expenditure for children with less than
one-fourth Indian blood ---------------------------77
Chapter 7A-Promotion of Social and Economic Welfare__ 78
Section 307. Establishment of vocational school for
children and housing and training center for adults;
transfer of property; supervision ------------------- 78
Section 308. Same; property taken over by Secretary of
the Interior --------------------------------------78
Chapter 14-Miscellaneous ------------------------------78
Section 471. Vocational and trade schools; appropriation
for tuition -------------------------------------- 78
Section 472. Standards for Indians appointed to Indian
Office ------------------------------------------ 79








Part II-Legislation administered within the Department of the Interi(,r-Con.
Subpart C-Additional United States Code citations concerning
education:
United States Code, Title 25-Indians: Page
Chapter 2-Officers of Indian Affairs-----------------------81
Section 33. Superintendents in charge of reservations;
administration of oath of office ---------------------81
Section 36. Special agents and other officers to adminis-
ter oaths ----------------------------------------81
Section 66. Duties of agency devolved on superintendent
of Indian school----------------------------------81
Chapter 4-Performance by United States of obligations to
Indians-----------------------------------------82
Section 101. Payment for wagon transportation -------- 82
Section 102. Payment for costs for furnishing coal for
Indian Service-----------------------------------82
Section 155. Disposal of miscellaneous revenues from
Indian reservations, etcetera8---------------------- 8
Chapter 7-Education of Indians -------------------------83
Section 271. Employment of instructors for Indians ....- 83
Section 272. Superintendent of Indian schools --------- 84
Section 272a. Same; other duties ---------------------84
Section 273. Detail of Army officer--------------------84
Section 274. Employment of Indian girls and boys as
assistants----------------------------------------85
Section 275. Leaves of absence to employees8-----------83
Section 276. Vacant military posts or barracks for
schools; detail of Army officers---------------------85
Section 277. Former Apache military post established as
Theodore Roosevelt Indian School------------------86
Section 278. Repealed--------------------------------86
Section 279. Rations to mission schools----------------87
Section 280. Patents of lands to missionary boards of
religious organizations-----------------------------87
Section 280a. Land in Alaska for schools or missions;
general land laws----------------------------------87
Section 281. Children taking lands in severalty not
excluded-------------------------------------8
Section 282. Regulations by Secretary of Interior to
secure attendance at school------------------------88
Section 283. Regulations for withholding rations for
nonattendance at schools--------------------------88
Section 284. Regulations by Commissioner of Indian
Affairs for attendance at schools--------------------88
Section 285. Withholding annuities from Osa ge Indians
for nonattendance at schools -----------------------89
Section 286. Sending child to school out of State without
consent------------------------------------------89
Section 287. Taking child to school in another State
without written consent---------------------------89
Section 288. White children in Indian day schools9------ 90
Section 289. White children in Indian boarding schools- 90
Section 290. Transportation of pupils under 14 at
Government expense-------------------------------90
Section 291. Removal of Government property at
schools-----------------------------------------90
Section 292. Suspension or discontinuance of schools--_ 91
Section 292a. Discontinuance of boarding and day
schools having small attendance--------------------91
Section 293. Sale of lands purchased for day school or
other Indian administrative uss-----------------------91







VI

Ia rtI It Legi slat io adiiiil!ii ered wl hw in lie I)el)rtlelt (if th1e Interior-Con.
Sul 'j art ( '-Adlitiiillal1 United States ('ode (itat ions 'olicrninig
(0d~~~)(J tll-- t)i Illtit'
IIiit ed Sates (t ,,. Title 25--iidia s- -(....Continued
St-ction 293a. Conveyance of school properties to local Page
school districts or public agencies---------------------92
Section 294. Sale of certain abandoned buildings on
lads longing to Indian tribes --------------------93
Section 295. Supervision of expenditure of appropria-
tions for school purposes ---------------------------93
section 296. Repealed -------------------------------94
Section 298. Census of Indians and report of numbers of
school children -----------------------------------94
Section 299 to 301. Repealed -------------------------94
bcctioii 302. Indian Reform School; rules and regulations;
cosiient of parents to placing youth in reform school-- 94
Section 303. Educational loans to worthy youths-------- 94
Section 304. South Dakota Indians; State course of
study ------------------------------------------- 9
Section 304a. Study and investigation of Indian educa-
tion in United States and Alaska; contracts; report
to Congress ; appropriation -------------------------95
Section 3041). )eposits of funds of students and student
activity associations in Indian schools ----------------95
Chapter 14-Miscellaneous ------------------------------96

INDIANS OF ALASKA
Section 497. Reservation of tracts for schools, hospitals,
and so forth ------------------------------------- 96

KLA.MATH TII1BE: DISPOSITION OF CERTAIN TRIBAL FUNDS
Section 541. Creation of individual credits; authorized
purche_- -----------------------------------------96
Section 41. Creation of individual credits; authorized
purchases- --------------------------------------- 97
Section 545. Liability of judgment funds for debts- 98
Section 551'3. Same; deposit and expenditure of pay-
ments ------------------------------------------ 99
KLAMTII TRIBE: TERMINATION OF FEDERAL SUPERVISION
Section 564q. Termination of Federal trust ------------- 99
Section 564w. Education and training program; purposes;
subjects; transportation; subsist ence; contracts; other
education programs ------------------------------100

StIOSIIONE TRIBE: DISTRIBUTION OF JUDGMENT FUND
Section 572. Payments to individuals; expenditure of
payments- ---------------------------------------100

SIOSHONE AND ARAPAHO TRIBES OF WYOMING
Section 613. Advances or expenditures from tribal funds;
(,enrgency and educational loans; plyiiients to in-
dividual of tribes; per capita payments not subject
to liens or claims; exception ----------------------- 101

NAVA JO AND HOPI TRIBES: REHABILITATION
Sci( n 631. Baic program for con!-ervation and devel-
( l)lI(et (of resources; projects; appropriations- ....103
S-ciiom 632. Character and extent of administration; time
limit ; reports on use of funds ----------------------- 104
Sfci io1 (33. Pr( ference in employment; on-the-job train-
ing ---------------------------------------------- 105






VII


Part II- Tt,., !t ,, ,t(liihiistere(d w ith i f the I h l It!1olt of the 11te -r--(r,;j.
Subpart ,-Additiot l Il Uiited ItaIttes ('ode ctit()IS coII-eri i1

Unite ii Sii1et (~ de. Title _5 lii Cuiitiiii:e1
Section 634. Loans to tribes or individual members; Pare
loin fiind1---------------------------------------105
S( coion 635. Disposition of lands----------------------105
Section 636. Adoption of constitution by Navajo Tribe;
Method"-contents---------------------------------106
Section 637. Use of Navajo tribal funds--------.--------107
Section 6:38. Participation by Tribal Councils; recori-
mendations-------------------------------------107

INDIANS OF CALIFORNIA
Section 656. Judgment amount deposited in Treasury to
credit of Indians; interest rate; use of fund -----------107

WESTERN OREGON INDIANS: TERMINATION OF FEDERAL
SUPERVISION

Section 703. Termination of Federal trust1---------------0S

ALABAMA AND COUSHATTA INDIANS OF TEXAS:
TERMINATION OF FEDERAL SUPERVISION
Section 722. Termination of Federal trust; publication;
termination of Federal services; admission to hospitals
and schools- -------------------------------------109

PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
SUPERVISION
Section 760. Education and training program; purposes;
subjects; transportation; subsistence; contracts; other
education programs------------------------------ 109
WYANDOTTE TRIBE OF OKLAHOMA: TERMINATION OF
FEDERAL SUPERVISION

Section 803. Termination of Federal trust1--------------110

PEORIA TRIBE OF OKLAHOMA: TERMINATION OF
FEDERAL SUPERVISION
Section 823. Termination of Federal trust and services- 110

OTTAWA TRIBE OF OKLAHOMA: TERMINATION OF
FEDERAL SUPERVISION
Section 848. Termination of Federal trust and services- 111

INDIANS OF OKLAHOMA
Section 8S3. Osage Tribe; disposition of judgment fund- 112

CATAWBA TRIBE OF SOUTH CAROLINA: DIVISION OF
ASSETS
Section 938. Education and training program; purposes;
subjects; transportation; subsistence; contracts; other
education programs1------------------------------ 11 )

CHEYENNE-ARAPAHO INI)I.ANS OF OKLAHOMA:
DISTRIBUTION OF JUDGMENT FUND
Section 1162. Trust'; educat tifn and schoiarships; ap-
proval of agreement------------------------------ 113

















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FOREWORD


With the beginning of the 94th Congress, the Committee on
Education and Labor assigned juris(li'tion over all Federal progratlis
affecting the education of Indian and other native children and adults.
Previously, this jurisdiction had been divided between the Education
and Labor Committee and the Committee on Interior and Insular
Affairs.
During the course of overseeing the administration of these laws
during this first year of its new responsibilities, the Committee on
Education and Labor became convinced that a compilation of Federal
laws affecting the education of Indians and other native Americans
was necessary in order to gain a comprehensive view of Federal efforts
in this area. To our knowledge, such a compilation has not been pub-
lished before. Consequently, we asked the Congressional Research
Service of the Library of Congress to compile this initial collection
of Federal laws and to work with the Bureau of Indian Affairs of the
U.S. Department of the Interior in this effort. This volume is the
result of this work.
The Committee would like to express its appreciation to the Con-
gressional Research Service and to the Department of the Interior for
their work. We would especially like to thank Mr. David Osman and
Ms. Marcia Scott, Education Analysts of CRS, for all their work.
It is the Committee's hope that in -the future additional compilations
of Federal laws will be published in the area as the various laws are
amended and updated, and we expect to turn to the Department of
the Interior and to the Department of Health, Education, and Welfare
to provide us with these materials.
CARL D. PERKINS,
Chairman, Committee on Education and Labor.


OIx)





























































































































9










INTRODUCTION


This "Compilation of Federal Laws Authorizing Educationi Assist-
ance Explicitly for American Indians and Other Native Americans"
represents an attempt to compile a current listing of all Federal laws
which expressly provide educational assistance or services for Ameri-
can Indians and other native American children or adults (hereafter
collectively considered under the term "American Indians"). This
document is intended to be a compact guide to the various Federal
laws concerning Indian education; however, it is not intended to ex-
press either Congressional approval or disapproval concerning the
effectiveness or present relevancy of any of these provisions of law.
To be included in this Compilation, Federal legislation had to be
explicitly directed, in whole or in part, to the education of American
Indians. In cases where only one or two sections of otherwise general
education legislation specifically pertain to American Indians, the
decision was made to include only such specific sections and not the
entire text of such legislation. Thus, for example, Section 103 (a) of
Title I of the Elementary and Secondary Education Act ESEA. as
amended, is included in this Compilation because of an allotment to
the Department of the Interior for use in the Federal Indian schools
and for the benefit of certain out-of-State Indian students. However,
the remaining sections of the ESEA Title I legislation which benefit
"educationally deprived children" are not included. Similarly. not in-
eluded in this Compilation are the numerous Federal education laws
which contain no specific Indian provisions but which have broad
categorical purposes, such as providing "student financial aid for
higher education," for which one does not have to be "Indian" in order
to qualify or participate. The complete text of such general edlcation'
laws is provided in the joint House and Senate committee, print. "A
Compilation of Federal Education Laws, As Amended through De-
cember 31, 1974" (U.S. Government Printing Office, February 1975).
The various legislative authorities included in this Compilation are
broadly organized according to legislation administered within the
Department of Health, Education and Welfare (Part I) and legisla-
tion administered within the Department of the Interior (Part II).
Part II is further subdivided into three suibparts: Statute Citations
Concerning Education (Subpart A), Selected Primary UTnited States
Code Citations Concerning Education (Subpart 3), 'and Additional
United States Code Citations Concerning Education (Subpart C).
Whenever possible a legislative authority which is included in this
Compilation is cited in statutory form based on tle United Sats
Statutes ,t, Large. Nevertheless. a number of the Departmnt of the
Interior edleation citations a-ppear in codifled rather tian statutorv
form. Specifically. the citations under Sublarts 13 and C of Part IT
,re taken from thle United States Code, 1970 edition suppl'(mented
t h rouh 1974..
(xi)




Concerning the United States Code citations, an explanation and
word of caution is perhaps in order. Much of the present day legisla-
tire authority for Indian affairs including Indian education had its
origins in statutes of the 19th and early 20th centuries. In many cases,
these statutes contained specific provisions which have long since been
carried out. In other instances, particular legislative provisions, al-
though never formally repealed, are now obsolete as a result of the
passage of more comprehensive legislation or changing conditions and
the passage of time. Yet, in certain cases, provisions in otherwise
obsolete legislation still remain as the legal basis for contemporary
activities. Thus, for example. one sentence out of a multi-section, 1834
Act is still cited as legislative authority for Indian tribes to hire
teachers.
The kinds of problems and complexities that arise with many of the
Indian statutes are the type acknowledged in the preface to the 1970
edition of the United States Code which states in part that
many of the general and permanent laws which are required
to be incorporated in this code are inconsistent, redundant, and
obsolete.
It should be noted that over the past several decades 17 of the 50 titles
of the United States Code have been revised and enacted into positive
law. These 17 titles are now legal evidence of the law and the courts
receive them as proof of the law. Eventually, it is anticipated that all
the titles of the Code will be so revised and enacted into positive law.
To date, Title 25-Indians-has not been among the titles revised
and enacted into positive law. However, within the past year one of
the task forces of the American Indian Policy Review Commission
(Public Law 93-580) has been examining the question of the revision
and codification ndian law. Specifically, the Task Force on Con-
solidation, Revision and Codification of Indian Law is reviewing the
various titles of the United States Code, but especially Title 25, for the
purposes of determining areas of conflict, ambiguity, or inadequacy in
existing law and for recommending changes in the law where
appropriate.
Finally, it should be noted that no attempt has been made to research
the treaties and agreements made by the United States and the various
Indian tribes between 1778 and 1883 for any specific education provi-
sions. The text of particular treaties or agreements can be found in
Charles J. Kappler, "Indian Affairs, Laws and Treaties-Treaties"
(vol. 2).








PART I-LEGISLATION ADMINISTERED WITHIN THE
DEPARTMENT OF HEALTH, EDUCATION, AND WEL-
FARE

INDIAN EDUCATION ACT (JUNE 23, 1972) PUBLIC LAW 92-
318, TITLE IV AS AMENDED THROUGil PUBLIC LAW
93-380
TITLE IV. INDIAN EDUCATION
SHORT TITLE
SEC. 401. This title may be cited as the "Indian Education Act."
Enacted June 23, 1972, P.L. 92-318, sec. 401, 86 Stat. 334.
PART A--REvISION OF ]IPACTED AREAS PROGRAM AS IT RELATES TO
INDIAN CHILDREN

AMrENDMENTS TO PUBLIC LAW 874, EIGHTY-FIRST CONGRESS
SEC. 411. (a) The Act of September 30, 1950 (Public Law 874.
Eighty-first Congress), is amended by redesignating title III as title
IV as sections 401 through 403, respectively, and by adding after title
II the following new title:
"TITLE III-FINNCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
FOR THE EDUCATION OF INDIAN CHILDREN
"SHORT TITLE

"SEC. 301. This title may be cited as the 'Indian Elementary and
Secondary School Assistance Act.'
Enacted June 23, 1972, P.L. 92-318, see. 411, 86 Stat. 334.
"DECLARATION OF POLICY

"SEC. 302. (a) In recognition of the special educational needs of In-
dian students in the United States, Congress hereby declares it to be
the policy of the United States to provide financial assistance to local
educational agencies to develop and carry out elementary and second-
ary school programs specially designed to meet these special educa-
tional needs.
"(b) The Commissioner shall, in order to effectuate the policy set
forth in subsection (a), carry out a program of making grants to local
educational agencies which are entitled to payments under this title,
and which have submitted. and had approved, applicat iois therefor,
in accordance with the provisiongof this title.
(20 U.S.C. 241aa) Enacted June 23, 1972, P.L. 92-318, see. 411, S6 Stat. 334.
(1)




GPRANTS TO LO(AL EI)UCATIONAL AGENCIES


,. ,,, (a) (1) For the purpose Of CoMI)ting the amount to which
al la education, al agency is entitled under this title for any fiscal
yar ending prior to J uly 1. 1978, the Commissioner shall determine
ihe nullber of Indian children who were enrolled in the schools of a
local educational agency, and for whom such agency provided free
I i edtcat ion. duringg such fiscal year.
"(2) (A) The amount of the grant to which a local educational
agency i ent itled under this title for any fiscal year shall be an amount
eMlal to (i) the average per pupil expenditure for such agency (as
Ilte ine' d under subparagraph (C) ) multiplied by (ii) the sum of
the nunl)er of children determined under paragraph (1).
(B) A local educational agency shall not l)e entitled to receive a
grant under this title for any fiscal year unless the number of children
Under tills subsection. with respect to such agencv is at least ten or con-
st it tes at least 50 per centum of its total enrollment. The requirements
of this .iiparagraph shall not apply to any such agencies serving
liidiin (hi1(lren in Ala-a, California, and Oklahoma or located on, or
in pm)'oxinity to, an Indian reservation.
((") For the purposes of this subsection, the average per pupil ex-
!)enditure for a local educational agency shall be the aggregate current
exIpeitivrs, during the second fiscal year preceding the fiscal year
for which the computation is made, of all of the local educational
a agencies in the State in which such agency is located, plus any direct
current expenditures by such State for the operation of such agencies
without regard to the sources of funds from which either of such ex
pen(!tu n-es are made), divided by the -aggregate number of children
who were in average daily enrollient for whom such agencies provided
free ,iul I, education (luring such preceding fiscal year.
"(b) in addition to the sums appropriated for any fiscal year for
gra1i to local educational agencies under this title, there is hereby
authorized to be appropriated for any fiscal year an amount not in
exces f 10 per centumn of the amount appropirated for payments on
the lmis of entitlements computed under subsection (a) for that fiscal
year. for the purpose of enabling the Commissioner to provide financial
ssist ance to schools on or near reservations which are not local educa-
tional agencies or have not been local educational agencies for more
tan three years, in accordance with the appropriate provisions of this
title.
(20 U.S.C. 241hb) Eflnacted June 23, 1972, P.L. 92-318, see. 411, 86 Stat. 335;
aem(ed August 21, 1974, P.L. 93-380, see. 631 (b), 88 Stat. 585.
"USES OF FEDERAL FUNDS

"Sc. "301. Grants under this title may be used, in accordance with
ll licatlons appr0ov-ed under section 305, for-
"(1) planning for and taking other steps leading to the devel-
opment of programs specifically designed to meet the special edu-
(al ional needs of Indian children, including pilot projects
1-1iijed to tent tihe effectiveness of plans so developed; and
( ) the esiablishient, maintenance, an(l operation of pro-
ra(11s including, i, accordance with special regulations of the




Comiuissioner, minor remodeling of classroom or other space used
for such programs and acquisition of necessary equipment, spe-
cially designed to meet the special educational needs of Indian
children.
(20 U.S.C. 241cc) Enacted June 23, 1972, P.L. _2-31,, see. 411, 86 Stat. 3, 336.

APPLTCATIO-NS FOR GRANTS; CONDITIONS FOR APPROVAL
"SEC. 305. (a) A grant under this title, except as provided in section
303(b), may be nade only to a local educational agency or agencies,
and only upon application to the Commissioner at such time or tines,
in such manner, and containing or accompanied by such information
as the ConuiiI oner deems necessary. Such application shall-
"(1) provide that the activities and services for which assistance
under this title is sought will be administered by or under tlit
supervision of the applicant;
(2) set forth a program for carrying out the purposes of sec-
tion 34, and provide for such methods of administration as are
necessary for the proper and efficient operation of the program
(3) in the case of an application for payments for planning,
provide tlat (A) the planning was or will be directly related to
progra s or projects to be carried out under this title and has
resulted, or is reasonably likely to result, in a prograin or project
which will be carried out umder this title, and (B) the planing
funds are needed because of the innovative nature of the pro-
gram or project or because the local educational agency lacks the
resources necessary to plan adequately for programs and projects
to be carried out uinder this title;
(4) provide that effective procedures, including provisions for
appropriate objective measurement of educational achievement
will be adopted for evaluating at least annually the effectivene ss
of the prcg(t:is and projects in meeting the special educational
needs of Indian students;
"(5) set foIth policies and procedures which assure that Fed-
eral funds made available under this title for any fiscal year will
be so used as to supplement and. to the extent practical, increase,
the level of funds that would, in the absence of such Federal funds,
be made available by the applicant for the education of Indian
children and in no case su)plant such funds;
"(6) provide for such fiscal control and fund accounting pro-
cedures as may be n, cessary to assure proper disbursement of. and
accounting for, Federal funds paid to the, applicant under this
title: and
"(7) provide for making an annual report and such other re-
ports. in suchl orta and containing such jnforiiato, as the Coin-
iits I -a7 reasonably requi ire to ca rry out his TLuntions unde,"
this title and to determine the extent to wlich funds provided
under ttli- title 1)ave been effective in ii proving the educational
opporttl1itjes of Indian students in the area served, and for kecp-
ing suclt record an'd for alalii such acc(,ss thereto as the (om-
tionofsuh f f' (s ald
tion of such reports .




"(b) An application by a local educational agency or agencies for a
grant under this title may be approved only if it is consistent with the
applicable provisions of this title and-
"(1) meets the requirements set forth in subsection (a);
"(2) provides that the program or project for which applica-
tion is made-
"(A) will utilize the best available talents and resources
(including persons from the Indian community) and will
substantially increase tie educational opportunities of Indian
children in the area to be served by the applicant; and
(B) has been developed-
"(i) in open consultation with parents of Indian chil-
dren, teachers, and, where applicable, secondary school
students, including public hearings at which such persons
have had a full opportunity to understand the program
for which assistance is being sought and to offer recoi-
mendations thereon, and
"(ii) with the participation and approval of a commit-
tee composed of, and selected by, parents of children par-
ticipating in the program for which assistance is sought,
teachers, and, where applicable, secondary school stu-
dents of which at least half the members shall be such
parents:
"(C) sets forth such policies and procedures as will insure
that the program for which assistance is sought will be op-
erated and evaluated in consultation with, and the involve-
ment of, parents of the children and representatives of the
area to be served, including the committee established for the
purposes of clause (2) (B) (ii).
"(c) Amendments of applications shall, except as the Commissioner
may otherwise provide by or pursuant to reg-Llations, be subject to
approval in the same manner as original applications.
(20 U.S.C. 241dd) Enacted June 23, 1972, P.L. 92-318, see. 411, 86 Stat. 336, 337.
PAYMENTS

"SEC. 306. (a) The Commissioner shall, subject to the provisions of
section 307, from time to time pay to each local educational agency
which has had an application approved under section 305, an amount
equal to the amount expended by such agency in carrying out activities
under such application.
"(b) (1) No payments shall be made under this title for any fiscal
year to any local educational agency in a State which has taken into
c'onsideration payments under this title in determining the eligibility
of such local educational agency in that State for State aid, or the
-titount of that aid, with respect to the free public education of chil-
dren during that year or the preceding fiscal year.
(2) No payments shall be made under this title to any local educa-
ti;onal ai:ency for any fiscal year unless the State educational agency
finds that the combined fiscal effort (as determined in accordance with
va- Ilatiojns of the Connuiiiissioner) of that agency and the State with




respect to the provisions of free public education by that agency for
the preceding Iiscal year was not less than such combined fiscal effort
for that purpose for the second preceding fiscal year.
(20 U.S.C. 241ee) Enacted June 23, 1972, P.L. 92-318, sec. 141, 86 Stat. 337.
ADJUSTMENTSS WHERE NECESSITATED BY APPROPRIATIONS

"SEC. 307. (a) If the sums appropriated for any fiscal year for mak-
ing payments under this title are not sufficient to pay in fl tihe toti
amounts which all local ediiuat onal agencies are eligible to receiVe
under this title for that fiscal year, the maximum amounts which all
such agencies are eligible to receive under this title for such fiscal year
shall be ratably reduced. In case additional funds become available
for making such payments for any fiscal year, during which the fi-t
sentence of this subsection is applicable, such reduced amounts sh1all
be increased on the same basis as they were reduced.
"(b) In the case of any fiscal year in which the maximum amounts
for which local educational agencies are eligible have been reduced
under the first sentence of subsection (a), and in which additional
funds have not been made available to pay in full the total of such
maximum amounts under the second sentence ox such subsection. the
Commissioner shall fix dates prior to which each lcal educational
agency shall report to 1h.ni on the amount of funds available to it,
under the terns of section 3ot(a) and subsection (a) of this section,
which it estimates, in accordance with regulations of the Conmis-
sioner, that it will expend under approved applications. The amounts
so available to any local educational agency, or any amount which
would be available to any other local education agency if it were to
submit an approvable application therefor, which the Commissioner
determines will not be used for the period of its availability, shall be
available for allocation to those local educational agencies, in the laan-
ner provided in the second sentence of subsection (a), which the Con-
missioner determines will need additional funds to carry out approved
applications, except that no local educational agency shall receive an
amount under this sentence which, when added to the amount avail-
able to it under subsection (a), exceeds its entitlement under section
303".
(20 U.S.C. 241ff) Enacted June 23, 1972, P.L. 92-318, see. 141, 86 Stat. 337,
338.
See. 411(b).
(Note.-Sec. 411(b) was an amendment to Title I of the Elementary and
Secondary Education Act of 1965, as amended).

Sec. 411 (c) (1).
*
(Note.-Sec. 411 (c) (1) was an amendment to Title I of Public Law 874, 8Sit
Congress, as amended).
Sec. 411 (c) (2) (A) The Commissioner shall exercise his authority
under section 425 of the General Education Provisions Act, to encour-
age local parental participation with respect to financial assist tane


63-794-76-2




B) For the purposes of this paragraph, the term 'Indian lands"
umaris that property included within the definition of Federal prop-
(rlv indcr clause (A) of second 403(1) of Public Law 874, 81st

acted June 23, 19 72, P.L. 92-318, 86 Stat. 337'.

P.. .. BP-I'ECIAL PROGRAMS AND PROJECTS To IMrROVE EDUCA TONAL
OPPORITU NITIES FOR INDIAN CIILI)RN

AM[ND)ENT TO TITLE VIII OF THE YlhEL ENTARY AND SECONDARY
EDUCATION ACT OF 1965
Si:,. 4,1. (a) Title VIII of the Elementary and Seondary Educa-
tion Act of 1965 is amended by adding to the end thereof the following
ncw section:

'II'tRC\'3ENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN
SEc. 810. (a) The Commissioner shall carry out a program of mak-
ig grants for the improvement of educational opportunities for Indian
cII 10ren
",') to support planning, pilot, and demonstration projects,
in aocordanee with subsection (b), which are designed to t st and
,leimonstrate the effectiveness of programs for improving educa-
tional opportunities for Indian children;
"(2) to assist in the establishment and operation of programs,
in accordance with subsection (c), which are designed to stimulate
(A) the provisions of educational services not available to Indian
children in sufficient quantity or quality, and (B) the develop-
,mont and establishment of exemplary educational programs to
serve as models for regular school programs in which Indian
ciiildren are educated:
"(3) to assist in the establishment and operation of preserice
and nvcl training programs, in accordance with subsection
(d), for peisons serving Indian children as educational persomel;
anld
"(1) to encourage the dissemination of information and ma-
trials relating to, and the evaluation of the effectiveness of,
ednca~on programs M which may offer educational opportunities
to Indian children.
"Iin the case of activities of the type described in clause (3) preference
shall be .ive to the training of Indians.
b) The (Comniussioner is authorized to make grants to State and
local educational azencies4, federally supported elementary and sec-
(JII(hlry schools for Indian children and to Indian tribes, organizations,
and iwtitlions to support planning. pilot, and demonstration projects
which are 4osiined to Ilaf' for, and test and demonstrate the thc ffective-
nes of, proy-rals for improving educational opportunities for Indian
ihi- Ifo i'cl udi i

1 T. 7,8 2<}, s,. 5 -7a) re sdgnated sec. 425 of the General Education Provisions
A t a-s See. 427.




(2) bilimngal and bicultl i a e fliwahtffl a iWOrograinS and proj(ct:s ;
"(3) special health and nitrit-ion services.,. and olher relate(
activities, which meet the special health. -ojal and psychologiral
problems of Indian children: and
"(4) coordiinating the ol)eVatioL of other federally assisted
progranis which nay be used to assist. in mneeting tie needs of
sluch children.
"(e) The Commissioner is also authorized to make grants to StatC
and local educational agencies and to tribal and oilher Indiaii 1o1l,-
nunitv organizations to assist, and stimulate them in developin- awd
est~a'blshin g educational services and programs specifically desigine
to illprove educational opportunities for lndian children. grantss may
be used]-
(1) to provide educational services now available to such c!iil-
W.en in sufficient quantity or quality, in(mldini i-
"(A) remedial and compensatory instruction, school heal. 11
physical education, ps chological, and other services desioilw l
to assist and encourage Indiain children to enter, remain iii. or
reenter elementary or secondary school;
"(B) conlprelle!nsive Ica(demic and1 vocational instruction:
"(C) instructional nn.riterials (such as library book, text-
books, and other printed or published or audiovisual mate-
rials) and equipment;
"(D) comnprClm1nsi guidance, counseling, and testin'-Z
services;
"(E) special education programs for handicapped;
"(F) preschool programs;
"(G) bilingual and bicultural education programs; and
"(1) other services which meet the purposes of this su. -
section; and
"(2) for the establishment and operation of exemplary and
innovative educational programs an t e r.volv i eX
educational approaches, methods. and technique des _lned to
enrich prog-rams of elementary and secondary education for
Indian children.
"(d) The Commissioner is also authorized to make 2c'ints to insti-
tutions of higher education and to State and local educational a.encies.
in combination with insttutiolnls of hiher education, for carr-in, our
programs and projects-
"(1) to prepare persons to serve Indian children s teacher
teacher aides, social workers, and ancillary educational personnel
and
"(2) to improve the qualifications of such persons who are serv-
ing Indian children in such capacities.
antsans for the purposes of this subsection may be ir ed for the
establishmnent of fellowship programs leading to an advance deI'e.
for institutes and, as part of a continuing I)roram., for seminars
symposia, workshops. and conferences. In carrying out the ,,' orr al s
altllorized bv)v this subsection, pra fe' en. shall 1e 'riven 4 o the train: il
o f I n d an s....




institutions, and organizations for-
"(1) the dissemination of information concerning education
programs, services, and resources available to Indian children,
including evaluations thereof; and
"(2) tlie evaluation of the effectiveness of federally assisted
programs in which Indian children may participate in achieving
the purposes of such programs with respect to such children.
(f) Applications for a grant under this section shall be submitted
at such time, in such manner, and shall contain such information,
and shall be consistent with such criteria, as may be established as
requirements in regulations promulgated by the Commissioner. Such
applications shall-
"(1) set forth a statement describing the activities for which
assistance is sought;
"(2) in the case of an application for the purposes of subsection
(c), subject to such criteria as the Commissioner shall prescribe,
provide for the use of funds available under this section, and for
the coordination of other resources available to the applicant, in
order to insure that, within the scope of the purpose of the proj-
ect, there will be a comprehensive program to achieve the pur-
pose of this section;
"(3) in the case of an application for the purposes of subsection
(c), make adequate provisions for the training of the personnel
participating in the project; and
(4) provide for an evaluation of the effectiveness of the project
in achieving its purposes and those of this section.
"The Commissioner shall not approve an application for a grant under
subsection (b) or (c) unless he is satisfied that such application, and
any documents submitted with respect thereto, show that there has
uben adequate participation by the parents of the children to be served
and tribal communities in the planning and development of the proj-
ect, and that there will be such a participation in the operation and
evaluation of the project. The Commissioner shall not approve an ap-
plication for a grant under subsection (b), (c), or (d) unless lie is sat-
isfied that such an application, to the extent consistent with the num-
ber of eligible children in the area to be served who are enrolled in
private nonprofit elementary and secondary schools whose needs are
of the type which the program is intended to meet, makes provision
for the participation of such children on an equitable basis. In ap-
proving applications under this section, the Commissioner shall give
priority to applications from Indian educational agencies, organiza-
tions, and institutions.
"(g) For the purpose of making grants under this section there are
hereby authorized to be appropriated $25,000,000 for the fiscal year
enl(linlg June 30, 1973, and $35,000,000 for each of the succeeding fiscal
years ending prior to July 1, 1978."
,20 1.S.C. S7(c) Enacted June 23, 1972, P.L. 92-318, Sec. 421(a) ; 86 Stat. 339,
11 : amenided August 21, 1974- P.L. 93-3-0. see. 631(a), 88 Stat. 585; amended
Augu st 21, 1974, P.L 9 83-30, sec. 632 (a), 88 Stat. 586.





(Note.-Sec. 421(b) (1) amended Titles II and III of the Elementary and
Secondary Education Act of 1965, as amended, and Section 612 (a) (1) of Pub-
lic Law 91-230)

SEC. 421 (b) (2). For the purposes of titles II and III of the Elemen-
tary and Secondary Education Act of 1965 and part PB of title VI of
Public Law 91-230, the Secretary of the Interior shall have the same
duties and responsibilities with respect to funds paid to him under
such titles, as he would have if the lDepartmtent of the Interior were a
State educational agency having responsibility for the administration
of a State plan under such titles.
Enacted June 23, 1972, P.L. 92-318, 86 Stat. 341.
SPECIAL EDUCATIONAL TRAINING PROGiR, MS FOR
TEACHERS OF INDIAN CIILDREN
SEC. 422. (a) The Commissioner is authorized to make grants to
and enter into contracts with institutions of higher education, Indian
organizations, and Indian tribes for the purpose of preparing indi-
viduals for teaching or administering special programs and projects
designed to meet the special educational needs of Indian children and
to provide in-service training for persons teaching in such programs.
Priority shall be given to Indian institutions and organizations. In
carrying out his responsibilities under this section, the Commissioner
is authorized to award fellowships and traineeships to individuals and
to make grants to and to enter into contracts with institutions of higher
education, Indian organizations, and Indian tribes for cost of educa-
tion allowances. In awarding fellowships and traineeships under this
section, the Commissioner shall give preference to Indians.
(b) In the case of traineeships and fellowships, the Commissioner
is authorized to grant stipends to, and allowances for dependents of
persons receiving traineeships and fellowships.
(c) There is authorized to be appropriated $,2.000,000 for the fiscal
year ending June 30, 1975, and for each of the three succeeding fiscal
years to carry out the provisions of this section.
(20 U.S.C. 887c-1) Enacted August 21, 1974, P.L, 93-380, sec. 632(c), 88 Stat.
586.
FELLOWSHIPS FOR INDIAN STUDENTS
SEc. 423. (a) During the fiscal year ending ,June 30, 1975, and each
of the three succeeding fiscal years, the Commissioner is authorized to
award not to exceed two hundred fellowships to be used for study in
graduate and professional programs at institutions of higher educa-
tion. Such fellowships shall be awarded to Indian students in order to
enable them to pursue a course of study of not less than three, nor more
than four, academic years leading toward a professional or graduate
degree. in engineering, medicine, law, business, forestry and related
fields. In addition to the fellowships authorized to be 'awarded in the
first sentence of this subsection, the Commissioner is authorized to


* *




...... kl t LII It U I tt IILJUI ait U [)lI-or
to the end of the period during which they were' awarded, except that
eawt fellowship so awarded shall be only for a period of study not in
excess of the remainder of the period of time for which the fellowship
it replaces was awarded, as the Comnissioner ma determine.
(1)) The Commisioner shall pay to persons awarded fellowships
under this subsection such stipends (including such allowanees for
subsistence of such persons and their dependents) as he may determine
to be consistent with prevailing practices under comparable federally
supl) rted programs.
(c) The Commissioner shall pay to the institution of higher educa-
tion at which the holder of a fellowship under this subsection is pur-
suing a course of study, in lieu of tuition charged such holder. such
amounts as the Commissioner may determine to cover the cost of edu-
caition for the holder of such a fellowship.
(20 U.S.C. 887c-2) Enacted August 21, 1974, P.L. 93-380, see 632-c), 88 Stat.
586, 587.
PART C-SPECIAL PROGRAMS RELATING TO AkDULT EDUCATION FOR
INDIANS
AMENDMENT TO THE ADULT EDUCATION ACT
SEc. 431. Title III of the Elementary and Secondary Education
Amendments of 1966 (the Adult Education Act) is amended by
designating sections 314 and 315, and all references thereto, as see-
tions 315 and 316,' respectively, and by adding after section 313 the
following new section:

IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR ADULT INDIANS
SEC. 314. (a) The Commissioner shall carry out a program of
making grants to State and local educational agencies. and to Indian
tribes, institutions, and organizations, to support planning, pilot, and
demonstration projects which are designed to plan for, and test and
demonstrate the effectiveness of, programs for providing adult educa-
tia for Indians-
"(1) to support planning, pilot, and demonstration projects
which are designed to test and demonstrate the effectiveness of
programs for improving employment and educational opportuni-
ties for adult Indians;
"(2) to assist in the establishment and operation of programs
which are designed to stimulate (A) the provision of basic literacy
opportunities to all nonliterate Indian adults, and (B) the pro-
vision of opportunities to all Indian adults to qualify for a high
schol equivalency certificate in the shortest period of time
feasil )le
"(3) to support a maior research and development program to
develop more innovative and effective techniques for achieving
tho literacy and high school equivalency goals;
"(4) to provide for basic surveys and evaluations thereof to
(definle accurately the extent, of the problems of illiteracy and
lack of ., .. ,1 eo, clef ;ol on Indian ivesei'vations;




terials relating to, ana tie evaluation o1 rite eIectivelless or. eoii-
cation programs which may offer educational opportunities to
Indian adults.
"(b) The Commissioner is also authorized to make grants to. and
contracts with, public agencies, and institutions, and Indian tribes,
institutions, and organizations for-
"(1) the dissemination of informatioH concerning educational
programs, services, and resources available to Indian adults,
including evaluations thereof ; and
"(2) the evaluation of the effectiveness of federally assisted
programs in which Indian adults may participate in achieving
the purpose of such programs with respect to such adults.
"(c) Applications for a grant under this section shall be submitted
at such time, in such manner, and contain such information, and shall
be consistent with such criteria, as may be established as requirements
in regulations promulgated by the Commissioner. Such applications
shall-
"(1) set forth a statement describing the activities for which
assistance is sought;
"(2) provide for an evaluation of the effectiveness of the proj-
ect in achieving its purposes and those of this section.
"The Commissioner shall not approve an application for a grant under
subsection (a) unless he is satisfied that such application. and any doc-
uments submitted with respect thereto, indicate that there has been
adequate participation by the individuals to be served and tribal
communities in the planning and development of the project. and
that there will be such a participation in the operation and evaluliation
of the project. In approving applications under subsection (a). the
Commissioner shall give priority to applications from Indian educa-
tional agencies, organizations, and institutions.
"(d) For the purpose of making grants under this section there are
hereby authorized to be appropriated $5,00(,000 for the fiscal year
ending June 30. 1973. and $8,000.000 for each of the succeeding fiscal
years ending prior to July 1, 1978."
(20 U.S.C. 1211a) Enaeted June 23. 1972, P.L. 92-318, see. 431, S6 Stat. 342. 84:
amended August 21, 1974, P.L. 93-380, see. 608, 88 Stat. 579.
PART D-OFFICE OF INDIAN EDUCATION
OFFICE OF INDIAN EDUCATION
SEC. 441. (a) There is hereby established, in the Office of Educat ion.
a bureau to be known as the "Office of Indian Education"' which. underr
the direction of the Commissioner, shall have the responsibility for
administering the provisions of title III of the Act, of September 80.,
1950 (Public Law 874. Eighty-first Congress). as added by this Act.
section 810 of title VIII of the Elementary and Secondary'Edunat ion
Act of 1965, as added by this Act, and section 314 of title III of the
Elementary and Secondary Education Anmendments of 1966. as added
by this Act. The Office shall be headed by a Deputy Conmnissioner of
Indian Education. who shall be appointed by the Commissioner of
Education from a list of nominees submitted to him by the Nat ional
Advisory Council on Indian Education.




-1,'Ztatuu au Lne rate prescribed for, and shall be placed in, grade 18 of
the General Schedule set forth in section 5332 of title 5, United States
Code, and shall perform such duties as are delegated or assigned to him
by the Commissioner. The position created by this subsection shall be
in addition to the number of positions placed in grade 18 of such Gen-
eral Schedule under section 5108 of title 5, United States Code.
(20 U.S.C. 1221f) Enacted June 23, 1972, P.L. 92-318, see. 441, 86 Stat. 343.

NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION
SEc. 442. (a) There is hereby established the National Advisory
Council on Indian Education (referred to in this title as the "National
Council"), which shall consist of fifteen members who are Indians and
Alaska Natives appointed by the President of the United States. Such
appointments shall be made by the President from lists of nominees
furnished, from time to time, by Indian tribes and organizations, and
shall represent diverse geographic areas of the country. Subject to
section 448(b) of the General Education Provisions Act, the National
Council shall continue to exist until July 1, 1978.
(b) The National Council shall-
(1) advise the Commissioner of Education with respect to the
administration (including the development of regulations and of
administrative practices and policies) of any program in which
Indian children or adults participate from which they can bene-
fit, including title III of the Act of September 30, 1950 (Public
Law 874, Eighty-first Congress), as added by this Act, and section
810, title VIII of the Elementary and Secondary Education Act of
1965, as added by this Act and with respect to adequate funding
thereof;
(2) review applications for assistance under title III of the
Act of September 30, 1950 (Public Law 874, Eighty-first Con-
gress), as added by this Act, section 810 of title VIII of the Ele-
mentary and Secondary Education Act of 1965, as added by this
Act and section 314 of the Adult Education Act, as added by this
Act, and make recommendations to the Commissioner with respect
to their approval;
(3) evaluate program and projects carried out under any pro-
gram of the Department of Health, Education, and Welfare in
which Indian children or adults can participate or from which
they can benefit, and disseminate the results of such evaluations;
(4) provide technical assistance to local educational agencies
and to Indian educational agencies, institutions, and organiza-
tions to assist them in improving the education of Indian children;
(5) assist the Commissioner in developing criteria and regu-
lations for the administration and evaluation of grants made
under section 303(b) of the Act of September 30, 1950 (Public
Law 874, Eighty-first Congress) ; and
(6) to submit to the Congress not later than March 31 of each
year a report on its activities, which shall include any recom-
mendations it may deem necessary for the improvement of Fed-
eral education programs in which Indian children and adults
partIcipnte, or from which they can benefit, which report shall
incl 11(l staiement of the, National Council's recommendations to
the CommIss oner with respect to the, funding of any such pro-
grams.




causes (z), k6), ani (,) ot SUSeCtLoni (b), the National (-ouncil is
authorized to contract with any public or private nonprofit agency,
institution, or organization for assistance in carrying out such func-
tions.
(d) From the sums appropriated pursuant to section 400(d) of the
General Education Provisions Act which are available for the pur-
poses of section 411 of such Act and for part D of such Act, the Com-
missioner shall make available such sums as may be necessary to enable
the National Council to carry out its functions under this section.
(20 U.S.C. 1221g) Enacted June 23, 1972, P.L. 92-318, sec. 442, 86 Stat. 343, 344;
amended August 21, 1974, P.L. 93-380, sec. 505 (a) (2), 88 Stat. 502; amended
August 21, 1974, P.L. 93-380, sec. 845 (d), 88 Stat. 612.
PART E-iSCELLANEOUS PROVISIONS
AMENDMENT TO TITLE V OF HIGHER EDUCATION ACT OF 1965
SEC. 451. (a) Section 503(a) of the Higher Education Act of 1965
is amended by inserting after "and higher education," the following:
"including the need to provide such programs and education to
Indians.".
(b) Part D of title V of the Higher Education Act of 1965 is
amended by adding after section 531 the following new section:
TEACHERS FOR INDIAN CHILDREN

"SEc. 532. Of the sums made available for the purposes of this part,
not less than 5 per centhn shall be used for grants to, and contracts
with, institutions of higher education and other public and private
nonprofit agencies and organizations for the purpose of preparing
persons to serve as teachers of children living on reservations serviced
by elementary and secondary schools for Tndian children operated or
sur)ported by the Department of the Interior, public and
private schools operated by Indian tribes and by nonprofit institute tions
and organizations of Indian tribes. In carr.n ot the provisons of
this section preference shall be given to the training of Indians.
(20 U.S.C. 1119a) Enacted June 23, 1972, P.L. 92-318, see. 451(b), 80 Stat. 344.
"DISTRIBUTION OF TRAINING PROGRAMS

"SEC. 533. In making grants and contracts for programs and proj-
ects under this part, the Commlssionrer shall seek to achieve an equita-
ble. geographical distribution of training opporf umtc-s thrmwoInt the
Nation, taking into account the number of children in each State who
are aced three to seventeen."
(20 U.S.C. l11ga-l) Enacted Oct. 16, 1968, P.L. 90-575, Tille II, see. 239, 82
Stat. 1040-1041.
Sec. 452.

(Sec. 452 of P.L. 92-318 was an amendnent to See. 701)(a) of the Elementary
and Secondary Education Act of 6 as amended. P.L. .)3-3S0 red:signated
Sec. 706 as Sec. 722 and added new subsections: (c) [nd (d))




"Se. 722. (a) For the )urpose of carrying outxrograms under this
part for individuals served by elementary an secondary schools
o),reral ed predoiniiiantly for Indian children, a nonprofit institution
or organi za t ion of the Indian tribe concerned which operates any
such school l(and which is aI)proved by the Commissioner for the pur-
lO~eS of this section may be considered to Le a local educational agency
:n s uh term is used in this title.
1)) From the sums appropriated pursuant to section 702(b), the
Corimmissioner is authorized to make payments to the Secretary of the
Interior to carry out programs of bilingual education for children
oii reservations served by elementary and secondary schools for Indian
children operated or funded by the Department of the Interior. The
terms upon which payments for such purpose may be made to the
Secretary of the Interior shall be determined pursuant to such criteria
as the Commissioner determines will best carry out the policy of
s etol 702(R).
"(c) The Secretary of the Interior shall prepare and, not later than
November 1 of each year, shall submit to the Congress and the Presi-
(i(t an annual report detailing a review and evaluation of the use,
du-rinrr the preceding fiscal year. of all funds paid to him by the Com-
minss-oner under subsection (b) of this section, includinfr comnrlete
fiso,,l reports, a description of the personnel and information paid for
n wiole or in part with such funds. the allocation of such funds,
and the status of all programs funded from such payments. Nothing
in this subsection shall be construed to relieve the Director of any
authority or obligation under this part.
"(d) The Secretary of the Interior shall, together with the informa-
tion required in the, preceding subsection, submit to the Conaress and
the President, an assessment of the needs of Indian children with
respect to the purposes of this title in schools operated or funded by
the Department of the Interior, including those State educational
aIencies and local educational agencies receiving assistance under the
.Johnson-Off alley Act (25 U.S.C. 452 et seq.) and an assessment of the
extent to which such needs are being met by funds provided to such
schools for educational purposes through the Secretary of the
Interior."
(20 U.S.C. R8S0b-) Enacted April 13, 1970, P.L. 91-230. Title I, sec. 152(a). R4
Stit. 151: ,Imended June 23, 1972, P.L. 92-318, Title IV, sec. 452, 84 St t. 152;
rdc.icnated and amended August 21, 1974, P.L. 93-380, sec. 105(a) (1), 88 Stat.
507. 50 .
DEFINITION
c. 4)'). For tlhe purposes of this title, the term "Indian" means
a IV individual who (1) is a member of a tribe, band, or other orga-
nizei, group of Indians. including those tribes, bands, or groups ter-
!lIfl:pt,! ,ineo 1940 and those recognized now or in the future by the
SIt:e n wHIih they reside, or who is a descendant, in the first or sec-
()i Id Vrce, of any such member, or (2) is considered by the Secretary
of tl(, Interior to be an Indian for any purpose, or (3) is an Eskimo
0,'r Alet or other Alaska Native. or (4) is determined to be an Indian
11WQr rieiations proiflllgated by the Commissioner, after consulta-




tion with tle National Advisory Council on Indian Education, whicl
regulations shall further define the term "Indian."
(20 U.S.C. 1221h) Enacted June 23, 1972, P.L. 92-318, sec. 453, 86 Stat. ,15.

PUBLIC LAW 874, 81ST CONGRESS (SEPTEMBER 30, 1950)
AS AMENDED THROUGH PUBLIC LAW 93-380
TiTLE I-FINANCIAL ASSISTANCE FOn LocAL E)UcATOTo AGENCIES IN
AREAS AFFECTED BY FEDERAL ACTIVITY
SECTION 3-CHILDREN OF PERSONS WHO RESIDE AND WORK ON FEDERAL
PROPERTY

Subsection (a) -Lntitcmcnit for Ind;an Land

CHILDREN RESIDING ON, OR WHOSE PARENTS ARE EMPLOYED ON, FEDERAL
PROPERTY
Children of Persons Who Reside and Work on Federal Property
Si;C. 3. (a) For the purpose of computing the amount to which a
local educational agency is entitled under this section for any fiscal
year, the Commissioner shall determine the number of children who
were in average daily attendance. at the schools of such agency, and
for who11 1. such .encv provided free public education. during such
fiscal year, and who, while in attendance at such schools, resided on
Federal property and-
(1) did so with a parent employed on Federal property sit-
uated (A) in whole or in part in the county in which the school
district of such agency is located, or (B) if not in such county.
in whole or in part in the same State as the school district of
such agency; or
(2) had a parent wlio was on active duty in the uniformed
services (as defined in section 101 of title 37, In cited States Code).
In making a determination under clause (2) of the preceding sen-
tence with respect to a local educational agency for any fiscal year,
the Commissioner shall include the number of children who were in
average daily attendance at the schools of such agency, an for whom
such agency provided free public education, during such year, and
who, while in attendance at such schools, resided on Indian lands,
as described in clause (A) of section 403(1).

Children of Persons Who Reside or Work on Federal Property
(b) For the purpose of computing the amount to which a local
educational agency is entitled under this section for any fiscal year
ending prior to July 1. 1978. the Commissioner shall, in addition to anv
determination made with respect to such agency under subsection (a),
determine the number of children (other than children with respect
to whom a determination is made for such fiscal year under subsection
(a)) who were in average dThily attendance at the schools of such




during'such fiscal year and-who, while in attendance at such schols,
either-
(1) resided on Federal property, or
(2) resided with a parent employed on Federal property situ-
ated (A) in whole or in part in the county in which the school
district of such agency is located, or (B) if not in such county,
in whole or in part in the same State as the school district of such
agency, or
(3) had a parent who was on active duty in the uniformed
services (as defined in section 101 of title 37, United States Code).
For such purpose, with respect to a local educational agency in the
case of any fiscal year ending prior to July 1, 1978, the Commissioner
shall also determine the number of children (other than children to
whom subsection (a) or the preceding sentence applies) who were in
average daily attendance at the schools of such agency and for whom
such agency provided free public education, during such fiscal year,
and who, while in attendance at such schools resided with a parent who
was, at any time during the three-year period immediately preceding
the beginning of the fiscal year for which the determination is made,
a refugee who meets the requirements of clauses (A) and (B) of sec-
tion 2(b) (3) of the Migration and Refugee Assistance Act of 1962,
except that the Commissioner shall not include in his determination
under this sentence for any fiscal year any child with respect to whose
education a payment was made under section 2(b) (4) of such Act.

Eligibility for Payments
(c) (1) Except as is provided in paragraph (2), no local educa-
tional agency shall be entitled to receive a payment for any fiscal year
with respect to a number of children determined under subsection (a)
and subsection (b), unless the number of children so determined with
respect to such agency amounts to-
(A) at least four hundred such children; or
(B) a number of such children which equals at least 3 per
centum of the total number of children who were in average daily
attendance, during such year, at the schools of such agency and
for whom such agency provided free public education;
whichever is the lesser.
(2) (A) (i) Clause (B) of paragraph (1) shall not operate to make
any local educational agency eligible for a payment under this section
for any fiscal year unless the number of children with respect to whom
determination was made under subsections (a) and (b) respecting
such agency for that fiscal year is at least ten.
(ii) if a local educational agency is eligible for a payment for
any fiscal year by the operation of clause (B) of paragraph (1), it
shall continue to be so eligible for the two succeeding fiscal years even
if such agency fails to meet the requirement of such clause (B) dur-
ing such succeeding fiscal years, except that the number of children
determined for the second such succeeding fiscal year with respect to
such agency for the purpose of any clause in paragraph (1) of sub-
siection (d) shall not exceed 50 per centum of the number of children
(leterrined withl respect to suchagency for the purpose of that clause
for the last fiscal year during which such agency was so eligible.




(iii) If the Commissioner determines wnl respect to any iocai c(tu-
cational agency for any fiscal year that-
(I) such agency does not meet the requirement of clause (B)
of paragraph (1); and
(II) the application of such requirement, because of excep-
tional circumstances, would defeat the purposes of this title;
the Commissioner is authorized to waive such requirement with respect
to such agency.
(B) No local educational agency shall be entitled to receive a pay-
ment for any fiscal year with respect to a number of children deter-
mined under the second sentence of subsection (b) unless the number of
childern so determined constitutes at least 20 per centum of the total
number of children who were in average daily attendance at the
schools of such agency and for whom such agency, during such fiscal
year, provided free public education.
Amount of Payments
(d) (1) Except as is provided in paragraph (2), the amount to
which a local educational agency shall be entitled under this section
for any fiscal year shall be-
(A) in the case of any local educational agency with respect
to which the number of children determined for such fiscal year
under subsection (a) amounts to at least 25 per centum of the total
number of children who were in average daily attendance at the
schools of such agency during such fiscal year and for whom such
agency provided free public education, an amount equal to 100
per centum of the local contribution rate multiplied by the number
of children determined under such subsection plus the sum of the
products obtained with respect to such agency under clauses (B)
(iii), (B) (iv), and (B) (v) ; and
(B) in any other case, an amount equal to the sum of-
(i) the product obtained by multiplying 100 per centum
of the local contribution rate by the number of children deter-
mined with respect to such agency for such fiscal year under
clause (2) of subsection (a).
(ii) the product obtained by multiplying 90 per centum of
the local contribution rate by the number of children deter-
mined with respect to such agency for such fiscal year under
clause (1) of subsection (a).
(iii) the product obtained by multiplying 50 per centum
of the local contribution rate by the number of children deter-
mined with respect to such agency for such fiscal year under
clause (3) of subsection (b).
(iv) the product obtained by multiplying 4,5 per centum
of the local contribution rate by the number of children deter-
mined with respect to such agency for such fiscal year under
clauses (1) and (2) (A) of subsection (b), and
(v) the product obtained by multiplving( 40 Per centum of
the local contribution rate by the number of children detor-
mined with respect to such agency for such fiscal year under
clmnse (12) (B) of subection (b).
(2) (A) Not, lnaer thavn December I durin. each fiscal ,e.r lrin-
ninrr f-fter ,Trie 30, 197 7, the Corn missoner shall, excet ac" is provided




total number of children with respect to whom determinations are
made under subsection (b) for all local educational agencies making
application for payments under this section which meet the eligibility
requirements set forth in subsection (c). The Commissioner shall deter-
mine the percentage which such number constitutes of the total number
of children who were in average daily attendance at the schools of
such agencies during such fiscal year and for whom such agencies pro-
vided free public education. In calculating the products under clauses
(B) (iii), (B) (iv), and (B) (v) of paragraph (1), with respect to
any local educational agency for any fiscal year, the Commissioner
shall reduce the number of children with respect to whom a determina-
tion is made under subsection (b) by a number equal to one-half of
the number which the percentage determined under the preceding sen-
tence constitutes of the total number of children with respect to whom
such a determination is made and who were in average daily attend-
ance at the schools of such agency during such fiscal year and for whom
such agency provided free public education, except that-
(i) such percentage shall not exceed 4 per centum;
(ii) the number reduced shall not exceed three hundred; and
(iii) this subparagraph shall not apply to any local educational
agency (I) with respect to which the number of children deter-
mined under subsection (b) for any fiscal year amounts to at least
10 per centum of the total number of children who were in aver-
age daily attendance at the schools of such agency during such fis-
cal year and for whom such agency provided free public education,
or (11) during any fiscal year in which such agency receives more
than 25 per centum of the funds for its current expenditures from
payments under this section.
In determining the total number of children who were in average daily
attendance at the schools of an agency during any fiscal year under
clause (iii) (I) in the preceding sentence, the number of children in
such schools with respect to whom a determination is made under sub-
section (a) for such year shall not be considered.
(B) If the Commissioner determines that-
(i) the amount computed under paragraph (1), as is other-
wise provided in this subsection with respect to any local edu-
cational agency for any fiscal year, together with the funds
available to such agency from State and local sources and from
other sections of this title, is less than the amount necessary to
enable such agency to provide a level of education equivalent to
that maintained in the school districts of the State which are
generally comparable to the school district of such agency;
(ii) such agency is making a reasonable tax effort and exercis-
inzr due diligence in availing itself of State and other financial
assistance;
(iii) not less than 50 per centum of the total number of chil-
dren who were in average daily attendance at the schools of such
agency during such fiscal year and for whom such agency pro-
vided free public education were, during such fiscal year, deter-
mined iinder either subsection (a) or clause (1) of subsection (b),
or both: and
(iv) the elipribilitv of such agency under State law for State
aid witl respect to free public education of children residing on




a basis no less favorable to such agency than tlie basis used in
determining the eligibility of local educational agencies for tate
aid, and the amount thereof, with respect to the free public educa-
tion of other children in the State;
the Commissioner is authorized, to increase the amount coinl)ui(4tl
under paragraph (1) with respect to such agency for such ise'a! year
to the extent necessary to enable such agency to provide a level of edu-
cation equivalent to that maintained in such comipar-,able scho()l dis-
tricts. The Commissioner shall not, under the pirecedilg sentence,
increase the amount computed under paragraph (1) with rsp ct to
any local educational agency for any fiscal year to an amount which
exceeds the product of-
(I) the amount the Commissioner determines to be the cost
per pupil of providing a level of education maintained in such
comparable school districts during such fiscal year,
multiplied by-
(II) the number of children determined with respect to such
agency for such year under either subsection (a) or clause (1) of
subsection (b), or both,
minus the amount of State aid which the Commissioner determines t o
be available with respect to such children for the fiscal year for which
the computation is being made.
(C) (i) The amount of the entitlement of any local educational
agency under this section for any fiscal year with respect to handi-
capped children and children with specific learning disabilities for
whom a determination is made under subsection (a) (2) or (b) (3)
and for whom such local educational agency is providing a program
designed to meet the special educational and related needs of such
children shall be the amount determined under paragraph (1) with
respect to such children for such fiscal year multiplied by 150 per
centum.
(ii) For the purposes of division (i), programs designed to meet
the special educational and related needs of such children shall be
consistent with criteria established under division (iii).
(iii) The Commissioner shall by regulation establish criteria for
assuring that programs (including preschool programs) provided
by local educational agencies for children with respect to whom this
subparagraph applies are of sufficient size, scope, and quality (taking
into consideration the special educational needs of such children) as
to give reasonable promise of substantial progress toward meeting
those needs, and in the implementation of such regulations the Com-
missioner shall consult with persons in charge of special education
programs for handicapped children in the e(lucational agency of tle
State in which such local educational agency is located.
(iv) For the purpose of this subparagraph the term handicapped
children has the same meaning as specified in section 602(1) of the
Education of the Handicapped Act and the term 'children with specific
learning liabilities' has the same meaning as specified in section
602(15) of such Act.
(3) (A) Except as is provided in subparagraph (B), in order to
compute the. local contribution rate for a local educational agency
for any fiscal year, the Commissioner, after consulting with the State
educational agency of the State in which the local educational agency




is located and with the local educational agency, shall determine
which school districts within such State are generally comparable to
the school district of the local educational agency for which the corn-
putation is being made. The local contribution rate for such agency
shall be1. the quotient of-
(i) the aggregate current expenditures, during the second fiscal
year preceding the fiscal year for which the computation is made,
which the local educational agencies of such comparable school
districts derived from local sources,
divided by-
(ii) the aggregate number of children in average daily attend-
ance for whom such agency provided free public education during
such second preceding fiscal year.
(B) (i) The local contribution rate for a local educational agency
in any State shall not be less than-
(I) 50 per centun of the average per pupil expenditure in such
State, or
(II) 50 per centum of such expenditures in all the States,
whichever is greater, except that clause (II) shall not operate in such
a manner as to make the local contribution rate for any local educa-
tional agency in any State exceed an amount equal to the average per
pupil expenditure in such State.
(ii) If the current expenditures in those school districts which the
Commissioner has determined to be generally comparable to the school
district of the local educational agency for which a computation is
made under subparagraph (A) are not reasonably comparable because
of unusual geographical factors which affect the current expenditures
necessary to maintain, in the school district of such agency, a level
of education equivalent to that maintained in such other school dis-
tricts, the Commissioner is authorized to increase the local contribu-
tion rate for such agency by such an amount which he determines will
compensate such agency for the increase in current expenditures neces-
sitated by such unusual geographical factors.
(iii) The local contribution rate for any local educational agency
in-
(I) Puerto Rico, Wake Island, Guam, American Samoa, or the
Virgin Islands, or
(II) any State in which a substantial proportion of the land
is in unorganized territory, or
(III) any State in which there is only one local education
agency.
shall be determined for any fiscal year by the Commissioner in accord-
ance with policies and principles which will best achieve the purposes
o f this section and which are consistent with the policies and principles
1)rovid d in this paragraph for determining local contribution rates in
States where it is possible to determine generally comparable school
disticts.
(C) For the purposes of this paragraph-
(i) the term 'State' does not include Puerto Rico, Wake Island,
Guam, American Samoa, or the Virgin Islands; and
(ii) the average pupil expenditure' in a State shall be (I) the
~raI'grate current expend itures, during the second fiscal year
preceding the fiscal year for which the computation is made of
al loe) educational arencies in the State, divided by (II) the
a( (ri-;Op umber of cillren in average daily attendance for




whom such agencies provide free public education during sitch
second preceding fiscal year.
Adjustments for Decreases in Fe(lel'al Activities
(e) Whenever the Commissioner deteriulnes tlat-
(1) for any fiscal year, the number of children determinedd
with respect to any local educational agency under subse (t ions (a)
and (b) is less taii 90 per" ceiituil of the i uiber so deteriiined
with respect to such agency during the preceding fiscal year;
(2) there has been a decrease or cessation of Federal activities
within the State in which such ateiicy is located{ : andI
(3) such decrease or cessation has resulted in a substantial
decrease in the number of children. determined irn I'r subsections
(a) and (b) with respect to such agency for such1 fiscal year;
the amount to which such agency is entitled for such fiscal year and
for any of the three succeeding fiscal years shall not be less than 90
per centum of the amount to which such agency was so entitled for the
preceding fiscal year. That part of any entitlement of any local educa-
tional agency which is in excess of the amount which such entitlement
would be without the operation of the preceding sentence shall be
deemed to be attributable to determinations of children with respect to
such agency under subsection (b) (2) (A).
Determinations on the Basis of Estimates
(f) Determinations with respect to a number of children by the
Commissioner under this section for any fiscal year shall be made,
whenever actual satisfactory data are not available, on the basis of
estimates. No such determination shall operte, because of an under-
estimate, to deprive any local educational agency of its entitlement
to any payment (or the amount thereof) under this section to which
such agency would be entitled had such determination been made on
the basis of accurate data.
(20 U.S.C. 238) Enacted Sept. 30, 1950, c. 1124, P.L. 874, 81st Cong., Title I,
see. 3, 64 Stat. 1102; amended Aug. 8, 1953, C. 402, P.L. 248, 83d Cong., see. 2,
67 Stat. 530; amended Aug. 12, 1955, c. 868, P.L. 382, 84th Cong.. see. 1. 69 Stat.
713; amended Aug. 1, 1956, c. 852, P.L. 896, 84th Cong., see. 10, 70 Stat. 909;
amended Aug. 3, 1956, c. 915 P.L. 949, 84th Cong., Title II, sees. 202-206, 70 Stat.
970, 971; amended Aug. 12, 1958, P.L. 85-620, Title II, see. 202, 72 Stat. 559:
amended June 25, 1959, P.L. 86-70 sec. 18(d) (1)-(3), 73 Stat. 144; amended
July 12, 1960, P.L. 86-624, see. 14(d) (1)-(3), 74 Stat. 414; amended Oct. 3, 1961,
P.L. 87-344i Title I, sec. 102(a), 75 Stat.o759; amended Dec. 18, 1963, P.L. 88-210,
Title III, see. 302, formerly sec. 32, 77 Stat. 419: amended Oct. 16, 1964. P.L.
88--665, Title XI, see. 1102(a), 78 Stat. 1109: amended April 11, 1965, P.L. 8f-10.
Title I, sees. 2, 3(a), 4(d) (2), 5, 79 Stat. 27, 34-36: amended Nov. 1, 1965,
P..L. 89-313, see. 4(a), 79 Stat. 1161; amended Nov. 3, 1966. P.L. 89-750. Title II,
sec. 201, 80 Stat. 1210: amended Jan. 2, 1968, P.L. 90-247, Titles IT, ITT, sees.
204(d). 205(a), 206, 301(e), 81 Stat. 808. 809, 813: redesignated Oct. 16. 1968,
P.L. 90-576, Title I, see. 101 (a) (1), 82 Stat. 1064, amended April 13, 1970, P.L.
91-230. Title II, sees. 201(b), 202, 84 Stat. 154, 155; amended Angust 21, 1974,
P.L. 93-380, sec. 304. 88 Stat. 522, rewritten August 21, 1974, P.L. 93-380, sec.
305 (a) (1), 88 Stat. 523, 529.

TITLE, II-FiNANClAL ASSSTAWNE To LocAL EDUCATIONAL AGENCIES
FOR THE EDUCATION OF INDIAN CHILDREN
(Note.-Title III of Public Law 874 is Part A of the Indian Education Act. See
p. 1 for the text of this legislation.)
63-794-76--3




TIT TV-GENERAL PROVISIONS


SECTION 402-USE OF OTHER FEDERAL AGENCIES; TRANSFER AND
AVAILABILITY OF APPROPRIATIONS
Subsectiwn(d)--Regarding the Bureau of Indian Affair8 and
Johnsn-O'Malley Act

USE OF OTHER FEDERAL AGENCIES; TRANSFER AND AVAILABILITY OF
APPROPRIATIONS
SEC. 402. (a) In carrying out his functions under this Act, the Coin-
missioner is authorized, pursuant to proper agreement with any other
Federal department or agency, to utilize the services and facilities
of such department or agency, and, when he deems it necessary or
appropriate, to delegate to any officer or employee thereof the function
under section 6 of making arrangements for providing free public
education. Payment to cover the cost of such utilization or of carrying
out such delegated function shall be made either in advance or by
way of reimbursement, as may be provided in such agreement.
(b) All Federal departments or agencies administering Federal
property on which children reside, and all such departments or agen-
cies principally responsible for Federal activities which may occasion
assistance under title I, shall to the maximum extent practicable comply
with requests of the Commissioner for information he may require
in carrying out the purposes of title I.
(c) Such portion of the appropriations of any other department or
agency for the fiscal year ending June 30, 1951, as the Director of the
Bureau of the Budget determines to be available for the same purposes
as title I, shall, except to the extent necessary to carry out during such
year contracts made prior to the enactment of title I, be transferred
to the Commissioner for use by him in carrying out such purposes.
(d) No appropriation to any department or agency of the United
States, other than an appropriation to carry out this Act, shall be
available for the employment of teaching personnel for the provision
of free public education for children in any State or for payments to
any local educational agency (directly or through the State educa-
tional agency) for free public education for children, except that
nothing in the foregoing provisions of this subsection shall affect the
availability of appropriations for the maintenance and operation of
school facilities (1) on Federal property under the control of the
Atomic Energy Commission or (2) by the Bureau of Indian Affairs,
or the availability of appropriations for the making of payments di-
rected to be made by section 91 of the Atomic Energy Community Act
of 1955. as amended, or the availability of appropriations under the
Act of April 16, 1934, commonly referred to as the Johnson-O'Malley
Act (25 U.S.C., sec. 452).
(20 U.S.C. 243) Enacted Sept. 30, 1950, c. 1124, P.L. 874, 81st Cong., Title III,
sec. 302, formerly sec. 8, 64 Stat. 1108; amended Aug 8, 1953, c. 402, P.L.
249, 82d Cong., sec. 9, 67 Stat. 536; amended Aug. 4, 1955, c. 543, c. 11, P.L.
221, 84th Cong., sec. 202, 69 Stat. 485; amended Aug. 12, 1955, c. 868, P.L. 382,
84th Cong., sec. 1, 69 Stat. 713; amended Aug. 3, 1956. c. 915, P.L. 949, 84th
Cong.. Title II, sec. 210, 70 Stat. 972; amended Aug. 12, 1958, P.L. 85-20, Title II,
sec. 204, 72 Stat. 560; redesignated and amended April 1, 1965, P.L. 89-10,


- ------ ... ..




Title I, sec. 3(c), 79 Stat. 35, amended April 13, 1970, P.L. 91-230, Title I,
sec. 401(c) (1), 84 Stat. 173. Repealed provision superseded by sec. 411 of P.L.
W9-247, Title IV, as amended (20 U.S.C. 1231(a)) ; redesignated June 23, 1972,
P.L. 92-318, sec. 411, 86 Stat. 334.
SECTION 40 3-DFINITIONS

Subsection (1)-Definition of Federal Property
DEFINITIONS
SEC. 403. For the purposes of this Act-
(1) The term "Federal property" means real property which is
owned by the United States or is leased by the United States, and
which is not subject to taxation by any State or any political sub-
division of a State or by the District of Columbia. Such term includes
(A) except for purposes of section 6, real property held in trust by
the United States for individual Indians or Indian tribes, and real
property held by individual Indians or Indian tribes which is subject
to restrictions on alienation imposed by the United States, (B) for
one year beyond the end of the fiscal year in which occurred the sale
or transfer thereof by the United States, any property considered
prior to such sale or transfer to be Federal property for the purposes
of this act, (C) any low-rent housing whether or not owned by the
United States which is part of a low-rent housing project assisted
under the United States Housing Act of 1937, section 516 of the
l housing Act of 1949, or part B of title III of the Econonic ()ppor-
tunity Act of 1964, and (D) any school which is providing flight
training to members of the Air Force under contractual arrangements
with the Department of the Air Force at an airport which is owned
by a State or a political subdivision of a State. Such term also includes
any interest in Federal property (as defined in the foregoing provi-
sions of this paragraph) under an easement, lease, license, permit, or
other arrangement, as well as any improvements of any nature (other
than pipelines or utility lines) on such property even though such
interests or improvements are subject to taxation by a State or politi-
cal subdivision of a State or by the District of Columbia. Notwith-
standing the foregoing provisions of this paragraph, such term does
not include any real property under the jurisdiction of the Post
Office Department and used primarily for the provision of postal
services.
(2) The term "child," except as used in title II, means any child
who is within the age limits for which the applicable State proi-ides
free public education.
(3) The term "parent" includes a legal guardian or other person
standing in loco parentis.
(4) The term "free public education" means education which is
provided at public expense, under public supervision and direction,
and without tuition charge, and which is provided as elementary or
secondary school education in the applicable State, except that for th(,
purposes of title II such term does not include any education provided
beyond goTade 12.
(5) The term "current expenditures" means expenditures for free
public education, including expenditures for administration, instruc-




LIURI. n1 U 11 0A I'- 11 F L I J A LP LL k L'JL V
operation and maintenance of plant, fixed charges, and net expenidi-
turcs to cover deficits for food services and student body activities,
but not including expenditures for community services, capital outlay,
and debt service, or any expenditures made from funds granted under
title II of this Act or title II or III of the Elementary and Secondary
Education Act of 1965.
(6) (A) For purposes of title I, 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. Such term includes any State agency which
directly operates and maintains facilities for providing free public
education.
(B) For purposes of title II, the term "local educational agency"
means a public board of education or other public authority legally
constituted within a State for either administrative control or direc-
tion 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, and it also
includes (except for purposes of sections 203 (a) (2), 203 (b), and
205(a) (1)) any State agency which is directly responsible for pro-
viding free public education for handicapped children (including
mentally retarded, hard of hearing, deaf, speech impaired, visually
handicapped, seriously emotionally disturbed, crippled, or other
health impaired children who by reason thereof require special educa-
tion) or for children in institutions for neglected or delinquent
children.
(7) The term "State educational agency" means the officer or agency
primarily responsible for the State supervision of public elementary
and secondary schools.
(8) The term "State".means a State, Puerto Rico, Wake Island,
Guam, the District of Columbia, American Samoa, or the Virgin
Islands, and for purposes of title I, such term includes the Trust
Territory of the Pacific Islands.
(9) The terms "Commissioner of Education" and "Commissioner"
means the United States Commissioner of Education.
(10) Average daily attendance shall be determined in accordance
with State law, except that (A) the average daily attendance of
childrenn with respect to whom payment is to be made under section
3 or 4 of this Act shall be determfined in accordance with regulations of
the (olnmrissioner, and (B) not withstanding any other provision of
t!lis ,'Vt. where the local educational agency of the school district in
which faiiv child resides males or contracts to make a tuition payment
for the free public education of such child in a school situated in
a.notl'er school district, for purposes of this Act the attendance of such
c(iJl tit suclielchool shall be held and considered (i) to be attendance
at a school of the local educational agency so making or contracting
to make such tuition payment, and (ii) not to be attendance at a school




entitled to receive such laymeit under 1lie contract.
(11) The term "county'' ieans tIhose (divisions of a Sthll e iiIz(, I
the Secretary of Commerce in conipiling and reporting data regt r,-,di1I ,
counties.
(12) The term "coi structiol" includes t Ie l)reparation of dir-awiIngs
and specifications for school facilit ies erecting, buildings, _P I
altering, remodeling, improving, 01 extedl(in Sellool facilities; aid tlie
inspection and supervision of the construction of school faci-ilities.
(13) The termn "school facilities" means classrooms and related
facilities (including initial equipment) for free pubie euc'a ion and
interests in and (including site, grading, and improvements) on wI-ich
such facilities are constructed, except that such termn d0o5 ., mcI' e,
those gymnasiums and similar facilities intended primarily fo. (rxiI)i-
tions for which admission is to be charged to the general pbli .
(14) The term "equipment" includes machinery, utilities, and built-
in equipment and auiy necessary enclosures or structures to ho,1se thenl,
and includes all other items necessary for the functioning of a parti(c-
lar facility as a facility for the provision of educational services, II-
cluding items such as instructional equipment and necessary furniture,
pri nted, published, and audio-visual instructional materials, and books,
)eriodicals, documents, and other related materials.
(15) For the lurpose of title ii. the term "elementary school" meuans
a lay or residential school which provides elementary education, as
determined under State law. and the term "secondary school" means a
day or residential school which provides secondary education, as deter-
mined under State law. except that it does not include any education
provided beyond grade 12.
(16) For purposes of title IT, the "average per pupil expenditure"
in a. State. or in the ;l nited States, shall be the agreo'ate current
expenIditures, during t lie secoimd fiscal year preceding the fiscal year
for which the computation is mnade (or if satisfactory data for that
year are not available at the time of computation, then (Luring the
most recent preceding fiscal year for which satisfactory data are
available, of all local educational agencies as defined"in section
403(6) (B) in the State, or in the United States (which for the pur-
poses of this subsection means the fifty States, and the District of
Columbia), as the case may be, plus any direct current expenditures
by the State for operation of such agencies (without regard to the
source of funds from which either of such expenditures are made),
divided by the aggregate number of children in average daily attend-
ance to whom such agencies provided free public education during
such preceding year.
(17) For the purposes of title I1, "excess costs" means those costs
directly attributable to programs and projects which exceed the aver-
age per pupil expenditure of a local educational agency in the most
recent year for Which satisfactory data are available for pupils in the
grade or grades included in such programs or projects (but not includ-
ing expenditures for any coi npara)le State or local special programs,
for educationally deprived children or expenditures for bilingual pro-
grams or special education for handicapped children or children with
specific learning disabilitiess, if such expenditures for bilingual educa-
tion and special education are used to provide, to children of limited




E nglish-speaking ability and handicapped children, and children with
specific learning disabilities who reside in title I project areas, service
which are conl)arable to those provided to similarly disadvantaged
children residing in nonproject areas).
120 U.S. 244) Enacted Sept. 30, 1950, C. 1124, P.L. 874, 81st Cong., Title III,
si.*. 303, formerly sec. 9, 64 Stat. 1108; amended Aug. 8, 1953. c. 402, P.L. 248,
N~d ('z., sec. 10, 67 Stat. 336; amended Aug. 1, 195e, c. 852, P.L. 896, 84th Cong.,
sec. -1. 70 Stat. 909; amended Aug. 3, 1956, c. 915, P.L. 949, 84th Gong., Title
II, sec. 211, 70 Stat. 972; amended Aug. 12, 1958, P.L. 85-620, Title II, sec. 205,
72 Stat. 5;0: amended June 25. 1959, P.L. 86-70, sec. 18(d) (4), 73 Stat. 145;
anmended July 12, 1960, P.L. 86-624, sec. 14(d) (4), 74 Stat. 414; amended
(ct. 16. 194. P.L. ,8-,o,5, Title XI, see. 1102(b), 78 Stat. 1109; redesignated,
and'nded April 11, 1965, P.L. c9-10, Title I, secs. 3(c) (1), 4(a)-(c), (d) (1),
(e), 79 Stat. 35; amended Nov. 1, 1965, P.L. 89-313, sec. 6(c), 79 Stat. 1162;
amended NOv. 3. 1966, P.L. 89-750, Title I, sec. 117(a) (1), (b), Title II, see.
20i, sO stat. 1198, 1199, 1213,; amended Jan. 2, 1968, P.L. 90-247, Title II,
sec. 201. sl Stat. 806; amended April 13, 1970, P.L. 91-230, Title II, see. 203(b),
It Stat. 1-5(. Amendment effective after June 30, 1970; redesignated June 23,
1972. P.L. -,2-318. see. 411, 86 Stat. 331; amended August 21, 1974, P.L. 93-380,
sec. 101, 8 Stat. 501.
PUBLIC LAW 815, 81ST CONGRESS (SEPTEMBER 23, 1950)
AS A-ENDED THROUGH PUBLIC LAW 93-380
SCHOOL CONSTRUCTION IN AREAs AFFECTED BY FEDERAL AcTIvTmEs
S,- C14ScIIOOL CONSTRUCTrION ASSISTANCE IN OTHER FEDERALLY
A1ECTED AREAS
Subsections (a) and (b)-Indian Land

SCHOOL CONSTRUCTION ASSISTANCE IN OTHER FEDERALLY AFFECTED AREAS
Si(. 14. (a) If the Commissioner determines with respect to any
local educational agency that-
(1) such agency is providing or, upon completion of the school
facilities for which provision is made herein, will provide free
public education for children who reside on Indian lands, and
whose membership in the schools of such agency has not formed
and will not form the basis for payments under other provisions
of this Act, and that the total number of such children represents
a substantial percent age of the total number of children for
whom such agency provides free public education, or that such
Indian lands constitute a substantial part of the school district
of such local educational agency, or that the total number of such
children who reside on Indian lands located outside the school
districtt of such agency equals or exceeds 100;
(2) the immtnitv of such Indian lands to taxation by such
agenfl('V has created a substantial and continuing impairment of
its tabilityv to finance needed school facilities;
8) such agency is making a reasonable tax effort and is exer-
cising due diligence in availing itself of State and other financial
assistance available for the purpose; and
(4) such agency does not have sufficient funds available to it
from other Federal, State, and local sources to provide the mini-




mum school facilities required for free public education of a sub-
stantial percentage of the children in the membership of its
schools,
lhe may provide the additional assistance necessary to enable such
agency to provide such facilities, upon such terns and in such amounts
(subject to the provisions of this section) as the Commissioner may
consider to be in the public interest; but such additional assistance
may not exceed the portion of the cost of such facilities which the
Commissioner estimates has not been, and is not to be, recovered 1w
the local educational agency from other sources. including payments
by the United States under any other provisions of this Act or any
other law. Notwithstanding the provisions of this subsection, the Com-
inissioner may waive the percentage requirement in paragraph (1)
whenever, in his judgment, exceptional circumstances exist which
make such action necessary to avoid inequity and avoid defeating the
purposes of this section. Assistance may be furnished under this sub-
section without regard to paragraph (2) (but subject to the other
provisions of this subsection and subsection (e)) to any local educa-
tional agency which provides free public education for children who
reside on Indian lands located outside its school district. For purposes
of this subsection "Indian lands" means Indian reservations or other
real property referred to in the second sentence of section 15 (1).
(b) If the Commissioner determines with respect to any local educa-
tional agency that-
(1) such agency is providing or, upon completion of the school
facilities for which provision is made herein, will provide free
public education for children who reside on Indian lands, and
whose membership in the schools of such agency has not formed
and will not form the basis for payments under other provisions of
this Act. and that the total number of such children represents a
substantial percentage of the total number of children for whom
such agency provides free public education, or that such Indian
lands constitute a substantial part of the school district of such
local educational agency, or that the total number of such children
who reside on Indian lands located outside the school district of
such agency equals or exceeds one hundred; and
(2) the immunity of such Indian lands to taxation by such
agency has created a substantial and continuing impairment of its
ability to finance needed school facilities:
he may, upon such terms and in such amounts (subject to the provisions
of this section) as the Commissiofner may con sider to be in the public
interest, provide the additional assistance necessary to ena)le such
agencv to provide the mininium school facilities required for free pub-
lic education of children in the membership of the schools of such
2 "ency who reside on Indian lands: but such additional assistance may
not exceed the portion of the cost of constructing' such facilities which
the Commissioner estimates has not been! and is not to be, recovered by
the local educational agency from other sotires including payments
ov the United States under any other provisions of this Act or any
oilier law. -Notwithstanding the "provisions of this subsection, the Com,'l-
missioner may waive the perceiltage requirement in paragraph (1)
whenever, in his judgment, exceptional circinstances exist which make
such action necessary to avoid inequity and avoid defeating the pur-




poses of this sect ion. Assistance may be furnished under this subsection
without regard to paragiaph (2) (but subject to the other provisions
of this subsection and sub.ection (e) ) to any local educational agency
which provides free public education for children who reside on Indian
lands located outside its school district. For purposes of this subsection
"Indian hinds" means Indian reservations or other real property re-
ferred to in the second sentence of section 15(1).
(d) I There are hereb'y authorized to b: appropriated for each fiscal
year such sums as may be necessary to carry out the provisions of this
section. There are also authorized to be appropriated such sums as
may be necessary for administration of such provisions. Amounts so
appropriated, other than amounts appropriated for administration,
shall remain available until expended.
(c) If the Commissioner determines with respect to any local edu-
cational agency-
(1) that (A) such agency is providing or, upon completion
of the school facilities for which provision is made herein, will
provide. free public education for children who are inadequately
housed by minimum school facilities and whose membership in
tle schools of such agency has not formed and will not form the
basis for payilnents under other provisions of this Act, and (B)
the total number of such children represents a substantial per-
centage of the total number of children for whom such agency pro-
vides free public education, and (C) Federal property constitutes
a substantial part of the school district of such agency,
(2) that the immunity of such Federal property from taxation
by such agency has created a substantial and continuing impair-
ment of such agency's ability to finance needed school facilities.
(3) that such agency is making a reasonable tax effort and is
exercising due diligence in availing itself of State and other finan-
cial assistance for the purpose, and
(4) that such agency does not have sufficient funds available
to it from other Federal, State, and local sources to provide the
minimum school facilities required for free public education of a
substantial percentage of the children in the membership of its
schools,
he may provide the assistance necessary to enable such agency to pro-
vide minimum school facilities for children in the membership of the
schools of such agency whom the Commissioner finds to be inadequately
housed, upon such terms and conditions, and in such amounts (subject
to the applicable provisions of this section) as the Commissioner may
consider to be in the public interest. Such assistance may not exceed the
portion of the cost of such facilities which the Commissioner estimates
has not been. and is not to be, recovered by the local educational
agency from other sources, including payments by the United States
under any other provisions of this Act or any other law. Notwithstand-
icg the provisions of this subsection, the Commissioner may waive the
)ercentage requirement in par agraph (1) whenever, in his judgment,
exce pt ional circumn4.aces exist which make such action necessary to
avoid inequity and avoid defeating the purposes of this subsection.
(e) No payment may be made to any local educational agency under
Apparent error In P.L. 91-230, see. 205. Subsection (c) should precede subsection (d)
in this section.




sil)seetion (a) or (b) except iii iou al l1 icatio tiberefor i-1i'h is slb-
nitted through ffhe appropriate State et, ,iH ioiial agency iand is filed
wl'tlt t~le Co11SiSs lel il ac(c '(t;I 11c(1 wit! i'< id lolls prescri1,eA by
him. and which meets tbe req6(ib)nevIts of eeti 6 ( b (1). In deter-
mi ninr the order in \vhiich siil', alfl i;I t ions shall b e approved. the
C(oimissioner sliall con1ls:ier t.1( i e aiv-f edlcatioflaI and financial
ies Of the local edll',t'onal ,cn,'s Wh'ih ]roVe 5ub1.itte(I approv-
al,le applications and tlie n'it ltre i Alld extent of tb e Federal respon-
sility. No payment, maIv be nade under suil)section (a) or (b) llleIss
tle Commissioner finds, "'fter consultation with the tate and local
educati al agencies. that the project or projects witl respect to which
it' is made are not inconsistent with overall State plans for the con-
st ruction of school facilities. All determ milations made by ti, Com-
missioner under this section shall be if'ide only after consultation
with the appropriate State educational agency and the loctl edu-
cational agency.
(f) Amounts paid by the Commissioner to local educational agen-
cies under subsection (a) or (b) may be paid in advance of, or by way
or reimbursement for, work performed or purchases made pursualit to
tle, agreement with the Commissioner under this section. and mnay be
paid in such installments as the Commissioner may determine. Any
funds paid to a local educational agency and not expended or otherwise
used for the purposes for which paid shall be repaid to the Treasury
of the United States.
(g) None of the provisions of sections 1 to 10, both inclusive, other
than section 6(b) (1), shall apply with respect to determinations made
under this section.
(h) It is hereby declared to be the policy of the Congress that the
provision of assistance pursuant to subsections (a) and (b) of this
section shall be given a priority at least equal to that given to payments
made pursuant to section 10 of this Act.
(20 U.S.C. 644) Similar provisions enacted Aug. 8, 1953, P.L. 246, 83d Cong.,
sec. 1, 67 Stat. 526, as Title IV, see. 401 of P.L. 815, 81st Cong. Enacted Aug. 12,
1958, P.L. 85-620, Title I, sec. 101, 72 Stat. 555. as see. 14 of P.L. 815, 81st Cong.;
amended Oct. 3, 1961, P.L. 87-344, Title I, see. 101 (b), 75 Stat. 759; amended Dec.
18, 1963, P.L. 88-210, Title I, sec. 301(b), formerly see. 31(b), 77 Stat. 419;
amended Oct. 16, 1964, P.L. 88-665, Title XI, see. 1101 (b), 78 Stat. 1109; amended
Nov. 3, 1966, P.L. 89-750, Title II, see. 225, 80 Stat. 1214; amended Jan. 2. 1968,
P.L. 90-247, Title II, see. 203, 81 Stat. 807; redesignated Oct. 16, 1968, P.L. 90-576,
Title I, sec. 101 (a) (1), 82 Stat. 1064; amended April 13, 1970, P.L. 91-230, Title
II, sees. 205(a) and 206, 84 Stat. 158, 159.
SECTION 15-DEFINITIONS
Subsection (1)-Deflnition of Federal Property
DEFINITIONS
SEc. 15. For the purposes of this Act--
(1) The term "Federal property" means real property which is
owned by the United States or is leased by Ilhe lintel States., and
which is not subject to taxation by any State or any political subdivi-
sion of a State or by the District of Columbia. Except for the purpose
of section 10. such term includes (A) real property held in trust by
the United States for individual Indians or Indian tribes, and real
property held by individual Indians or Indian tribes which is subject




to restrictions on alienation imposed by the United States, any low-
rent housing (whether or not owned by the United States) which is
part of a low-rent housing project assisted under the LUnited States
Housing Act of 1937, and (C) any school which is providing flight
training to members of the Air Force under contractual arrange-
ments with the Department of the Air Force at an airport which
is owned by a State or a political subdivision of a State. Such term
also includes any interest in Federal property (as defined in the
foregoing provisions of this paragraph) under an easement, lease,
license, permit, or other arrangement, as well as any improvements
of any nature (other than pipelines or utility lines) on such prop-
erty even though such interests or improvements are subject to taxa-
tion by a State. or political subdivision of a State or by the District
of Columbia. Notwithstanding the foregoing provisions of this par-
graph, such term does not include (A) any real property used for
a labor supply center, la)or home, or labor camp for migratory farm
workers and (B) any real property under the jurisdiction of the Post
Office Department and used primarily for the provision of postal
services.
(2) The term "child" means any child who is within the age limits
for which the applicable State provides free public education.
(3) The term "parent" includes a legal guardian or other person
standing in loco parentis.
(4) The term "free public education" means education which is
provided at public expense, under public supervision and direction,
and without tuition charge, and which is provided as elementary or
secondary school education in the applicable State.
(5) The membership of schools shall be determined in accordance
with State law, or, in the absence of State law governing such a deter-
rnination, in accordance with regulations of the Commissioner; except
that, notwithstanding any other provision of this Act, where the local
educational agency of the school district in which any child resides
makes or contracts to make a tuition payment for the free public
education of such child in a school situated in another school district,
for purposes of this Act the membership of such child, shall be held
and considered-
(A) if the two local educational agencies concerned so agree,
and if such agreement is approved by the Commissioner, as mem-
bership of a school of the local educational agency receiving such
tuition payment;
(B) in the absence of any such approved agreement, as mem-
bership of a school of the local educational agency so making or
contracting to make such tuition payment.
In any determination of membership of schools, children who are not
provided free public education (as defined in paragraph (4)) shall
not be counted.
(6) The average per pupil cost of constructing minimum school
facilities in the State in which the school district of a local educational
agency is situated shall be determined by the Commissioner of Edu-
cation on the basis of the contract cost per square foot under contracts
for the construction of school facilities (exclusive of costs of site
improvements, equipment. and architectural, engineering, and legal
fees) entered into in the State for the second year of the four year




increase period designated in the application, increased by a pereitage
estimated by the Commissioner to represent adhlitional costs f)r site
improvements, equipment, and architectural, engineering, and legal
fees, and multiplied by a factor estimated )y te Conllissiolier to
represent the area needed per pupil in minimitiln school facilities If
the Commissioner finds that the inforlnatioji available for lie State
O(1 11 e for suh(, preceding fiscal year iS idllade .equate or { s ,lot-
liciently representative, le shall deternline suell cost, oi te ) ,b!asis of
such information as he has available and after consultation with the
State educational agency. The cost of constructing iinimum school
facilities in the school district of a local educational agency shall be.
determined by the Commnissioner, after consultation with the State
and local educational agencies, on the basis of such information as
may be contained in the application of si(h local edlcation',l agency
andsuch other information as he may obtain.
(7) Estimates of membership, and all other determinations with
respect to eligibility and maximum amount of payment, shall be made
as of the time of the approval of the application for which made, and
shall be made on the basis of the best information available at the time
of such approval.
(8) The terms "construct", "constructing", and "construction" in-
clude the preparation of drawings and specifications for school facili-
ties; erecting, building, acquiring, altering, remodeling, improving, or
extending school facilities; and the inspection and supervision of the
construction of school facilities.
(9) The term "school facilities" includes classrooms and related
facilities; and initial equipment, machine, and utilities necessary or
appropriate for school purposes. Such term does not include athletic
stadiums, or structures or facilities intended primarily for athletic ex-
hibitions, contests, or games or other events for which admission is to
be charged to the general public. Except as used in sections 9 and 10,
such term does not include interests in land and off-site improvements.
(10) Whether or not school facilities are minimum school facilities
shall be determined by the Commissioner, after consultation with the
State and local educational agencies, in accordance with regulations
prescribed by him. Such regulations shall (A) require the local edca-
tional agency concerned to give due consideration to excellence of
architecture and design, (B) provide that no facility shall be dis-
qualified as a minimum school facility because of the inclusion of works
of art in the plans therefor if the -cost of such works of art does not
exceed 1 per centum of the cost of the project, and (C) require com-
pliance with such standards as the Secretary may prescribe or a!pl)Vove
in order to insure that facilities constructed with the use of Federal
funds under this Act shall be, to the extent appropriate in view of ihe
uses to be made of the facilities, accessible to and usable by liandi-
capped persons.
(11) The term "local educational agency" means a board of ediia-
tion or other legally constituted local school authority havi n,& a (n1 in-
istrative control and direction of free public education in 1 comnitv,
township, independent, or other school district located within a State.
Such term includes any State 5iency which directly operates and
maintains facilities for providing free public education or which has
responsibility for the provision of such facilities.




agency primarily responsible for the State supervision of public el-
mentary an(d secondary schools.
(13) The term "State' means a State, Puerto Rico, Guam, the
District of Coluinbia, American Samoa. the Virgin Islands, or Wake
Islandt.
(14) The terms "Commissioner of Education" and "Commissioner"
mean the United States Commissioner of Education.
(15) The term "base year" mneamis the third or fourth regular school
year i-receding the fiscal year M which an application was filed under
this Act, as mav be designated in the application, except that in the
C:se of an application based on children referred to in paragraph (2)
or 3) of section 5(a), the base v'ear shall in no event be later than
the eru]ar school year 1973-1974; and
(16); The term "increase period" means the period of four con-
secutive regular school years immediately following such base year.
(20 U.S.C. 645) Similar provisions enacted Sept. 23, 1950, P.L. 815, 81st
Cf;,g,.. Title II, sec. 210, 64 Stat. 976. Enacted Aug. 12, 1958, P.L. 85-620, Title
I. sec. 101. 72 Stat. 556, as sec. 15 of P.L. 815, 81st Cong.; amended June 25, 1959,
P.L. ---70, see. 18(c), 73 Stat. 144; amended July 12, 190, P.L. 86-624, sec.
14(c), 74 Stat. 414; amended Oct. 3, 1961, P.L. 87-344, Title I see. 101(c), 75
Stat. 759; amended Dec. 18, 1963, P.L. 88-210, Title III, sec. 301(c), formerly
sec. 31 (c), 77 Stat. 419; amended Oct. 16, 1964, P.L. 88-665. Title XI, see. 1101 (c),
(d), 78 Stat. 1109; amended Nov. 3, 1966, P.L. 89-750, Title II, sees. 222 (b), (c),
(d). 30-232, 80 Stat. 1213-1216; amended Jan. 2. 1968, P.L. 90-247, Titles II,
III. sees. 201, 301(d) (2), 81 Stat. 806, 813; redesignated Oct. 16, 1968, P.L. 90-
576. Title I, sec. 101 (a) (1), 82 Stat. 1064; amended April 13, 1970, P.L. 91-230,
Title II. sees. 201(a) (2), 203(a) (1), (2), 84 Stat. 154, 155; amended August 21,
1974. P.L. 93-380, sec. 301 (a) (2), 88 Stat. 521.


ELEMENTARY AND SECONDARY EDUCATION ACT
(APRIL 11, 1965) PUBLIC LAW 89-10 AS AMENDED
THROUGH PUBLIC LAW 93-380
TITLE I-FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

FOR EDUCATION OF CIIrlDrrN- FROM Low-INCOME FAMILIES
SECTION 103-GANTS- MOUNT AND ELIGIBILITY

Subsection (a) (1)-Allotment to Department of the Interior

Subsection (d)-Uses of Allotment
*$ *

PART A-BAsIC GRANTS 1

Subpart 1-Grants to Local Educational Agencies

GRANTS-A OUNT AND ELIGIBILITY
S!rc. 103. (a) (1) There is authorized to be appropriated for each
fiscal year for the purpose of this paragraph 1 per centum of the
00Se, 11 (a) (10) of P.L. 93-380 provides as follows:
"(10) There is authorized to be appropriated for each fiscal year a sum not to exceed
$15,T70.0000 to be allocated at the discretion of the Commissioner to assist those local
educational agencies whose total allocation under part A of title I of the Elementary and
Secondary Education Act of 1965 is 90 per centum or less than such allocation under
such part A during the preceding fiscal year."




& J -
tions excluded from the term "k'tate" by this sulectioi, and pain( ts
pursuanit to section 124), and there slinil he i uttilo1ize(t to Ile -
priated such additional suns as wil l .ts:i ire :o least t' (e samie levc I of
funding under this title as in fiscal year 17 )t' (Voi 1a n, Azateican
Samnoa. the Virgin Islands, the Trust territory of the Pueific Islands,
and to the Secretary of the Iliterior for payNvlents ptirsitanP, to para-
graphs (1) and (2) of subSect ion (d). Thle aiioiit appropriated pur-
suaiit to this paragraph slat1! be allotted by the Coinmssioner (A)
among g Guam, American. Saoa, the Virgin lslm(ls, and( ti TFi'is
Territory of the Pacific Islands according to their respective n,,e for
g4 rants ilder this part, and (3) to the Secretary of thbe Interior iii tie
amount necessary (i) to make payments pursuant to paragraph (1)
of subsection (d), and (ii) to iimake paYmnenits pursuant to paragra1ih
(2) of subsection (d). The grant which a local edu,,ational a,oity iII
Guam, American Samoa, the Virgin Islands, and the Trust (1ri1toiyt
of the Pacific Islands is eligible to receive shall be (leterniincf( pur-
suant to such criteria as the Commissioner dete'nines will beSt Carry
out the purposes of this title.
(2) In any case in which the Commissioner determines that satis-
factory data for that purpose are available, the grant which a local
educational agency in a State shall be eligible to receive under this sub-
part for a fiscal year shall (except as provided in paragraph (3)) be
determined by multiplying the number of children counted under sub-
section (c) by 40 per centum of the amount determined under the next
sentence. The amount determined under this sentence shall be the
average per pupil expenditure in the State except that (A) if ti
average per pupil expenditure in the State is less than 80 per century
of the average per pupil expenditure in the United States, such atmoiunt
shall be 80 per centum of the- average per pupil expenditure in the
United States, or (B) if the average per pupil expenditure in the Ste t
is more than 120 per centum of the average per pupil expenditure in
the United States, such amount shall be 120 per centum of the averai ge
per pupil expenditure in the United States. In any case in which such
data are not available, subject to paragraph (3), the grant for my
local educational agency in a State shall be determined oi the basis (of
the aggregate amount of such grants for all such agencies in the coiiiitv
or counties in which the school district of the particular aeiit is
located, which aggregate amount shall be equal to tiie a.,rxregtite
tnount. deterinijed under the two preceding sentences for su'ollt contV
or counties. and shall be allocated among those agencies upon siichl
equitable basis as may be determined by the State educational a.ncv
in accordance with basic criteria prescribed by tie Commissio1e)'.
(P) (A) ITpon determination by the Stale educate ioiaI agencv tat,
a local educational agency in the State is unable or unwilling to 1)1e-
vide for the special educational needs of children described In clause
(C) of paragraph (1) of subsection (c), who are living in institutions
for neglected or delinquent children, the State educational a~renc v
shall, i fit assumes responsibility for the special educational nee(ds of
such children, be eligible to receive the portion of the allocation to
such local educational agencv which is attributable to such neIlected
or delinquent children, but if fte State educational agency does not




determined .- s by--. - o 1
(let er-11i ned by regul ationis established by the Commissioner, wich
does assume such responsibility shall be eligible to receive such portion
of the allocation.
( B) In the case of local educational agencies which serve in whole
or ill V"r the same geographical area, and in the case of a local educa-
tional agency which provides free public education for a substantial
nu er11 Of children who reside in the school district of another local
educationa! agency, the State educational agency may allocate the
amount of the grants for those agencies among them in such manner as
it determines will best carry out the purposes of this title.
(C) The grant which Puerto Rico shall be eligible to receive under
this subpart for a fiscal year shall be the amount arrived at by multi-
plying the number of children counted under subsection (c) by 40 per
centumii of (i) the average per pupil expenditure in Puerto Rico or
(ii) in the case where such average per pupil expenditure is more
than 120 per centum of the average per pupil expenditure in the
United States, 120 per centum of the average per pupil expenditure in
the Ulnited States.
(4) For purposes of this subsection, the term "State" does not
include Guam, American Samoa, the Virgin Islands, and the Trust
Territory of the Pacific Islands.
(b) A local educational agency shall be eligible for a basic grant
for a I's'a year under this part only if it meets the following require-
ments with respect to the number of children counted under subsec-
tion (c):
(1) In any case (except as provided in paragraph (3)) in which
th e Commissioner determines that satisfactory data for the
purpose of this subsection as to the number of such children are
available on a school district basis, the number of such children
in the school district of such local educational agency shall be at
least ten.
(2) In any other case, except as provided in paragraph (3),
the number of such children in the county which includes such
local educational agency's school district shall be at least ten.
(3) In any case in which a county includes a part of the school
district of the local educational agency concerned and the Com-
r11ssioner has not determined that satisfactory data for the pur-
pose of this subsection are available on a school district basis for
all the local educational agencies for all the counties into which
the school district of the local educational agency concerned
extends, the eligibility requirement with respect to the number
of such children for such local educational agency shall be deter-
mlined in accordance with regulations prescribed by the Com-
missioner for the purposes of this subsection.
(c) (1) The number of children to be counted for purposes of this
Section is the aggregate of (A) the number of children aged five to
seventeen, inclusive, in the school district of the local educational
gencV from families below the poverty level as determined under
)arai(raih (2) (A), (B) two-thirds of the number of children aged
Five I eventeen, inclusive, in the school district of such agency from
fan~iiie above the poverty level as determined under paragraph (2)
(B). -ind (C) the number of children aged five to seventeen, inclusive,
in tlie s-clool district of such agency living in institutions for neglected




tf!LU OMLUt UUIt IVUl CULUIL, l jt L 'L!iL LU Z VLUlUIL 1-.o I L 1 JM)t1-
poses of a rrailt to a State agency, or being supported in foster homes
with public funds.
(2) (A) For the purposes of this setioll, tile ('oiiiniisoioer slial
deterLl UiCe tlle nlmber of cliildiyen a e(tI live to ( l i 1(ll1siVe.
fl'olll families below the povertyv level on tile 1 al is of 1ie H lost recent
>atisfac'torv data available from1 til e art I k ( t of 0110'(0fo.
1' cal edtlctt -onal agencies (or. if such data re no)t a viille i'r such
.ge1lcies. for counties) and in deteriilling the families which are
l)elow the poverty level, the Commissioner shall utilize the criteria of
poverty used by the Bureau of the Census in compiling the 1970
decennial census.
(B) For purposes of this section, the Secretary of Health, Educa-
tion, and Welfare shall determine the number of children aged five to
seventeen, inclusive, from families above the poverty level on the basis
of the number of such children from families receiving an annual
income. in excess of the current criteria of poverty, from payments
under the program to aid to families with dependent children under
a State plan approved under title IV of the Social Security Act; and
in niaking such determinations the Secretary shall utilize the criteria
of poverty used by the Bureau of the Census in compiling the 1970
decennial census for a nonfarm family of four in such form as those
criteria have been updated by increases in the Consumer Price Index.
The Secretary shall determine the number of such children and the
number of children of such ages living in institutions for neglected or
delinquent children, or being supported in foster homes with public
funds, on the basis of the caseload data for the month of January of
the preceding fiscal year (using, in the case of children described in the
preceding sentence, the criteria of poverty and the form of such criteria
required by such sentence which were determined for the second cal-
endar year preceding such month of January) or, to the extent that
such data are not available to him before April 1 of the calendar year
in which the Secretary's determination is made, then on the basis of
the most recent reliable data available to him at the time of such
determination.
(C) When requested by the Commissioner, the Secretary of Coin-
merce shall make a special estimate of the number of children of ;uch
njges who are from families below the poverty level (as determined
under paragraph (A) of this subsection) in each county or s chool
district, and the Commissioner is authorized to pay (either in advance
or by way of reimbursement) theoSecretary of Conm erce the cost of
making this special estimate. The Secretary of Commerce shall give
consideration to any request of the chief executive of a State for the
collection of additional census information. For purposes of this sec-
tion, the Secretary shall consider all children who are ivi correctional
institutions to be living in institutions for delinquent children.
(d) (1) From the amount allotted for payments to the S'eornltar
of the Interior under clause (B) (i) in the second sentence of "ulo-
section (a) (1), the Secretary of the Interior shall make payments to
local educational agencies, up on such terms as the Commissioner deter-
mines w ill best carry out the purposes of this title, with respect to
out-of-State Indian children in the elementary and secondary schools
of such agencies under special contracts with the Department of the




child, 40 per centum of (A) the average per pupil expenditure ill the
State in which the agency is located or (B) 1-20 per centum of such
expendlitutire in ihe 1Itd ates, whiclhver is the greater.
(2) The amount allotted for payments to the Secretary of the
Interior under clause (B) (ii) in the second sentence of subsection (a)
(1)f A ar shall be, as determined pursuant to criteria
e1ta-)Iisl)ed by the Commissioner, the amount necessary to meet the
speial educational needs of educationally deprived Indian children
on reservations serviced by elementary andsecondary schools operated
for 1indian children by the Department of the Interior. Such pay-
melts shall be made pursuant to an agreement between the Cominis-
sioner and tl Secretary containing such assurances and terms as the
('omnissioner determines will best achieve the purposes of this title.
Such agreement shall contain (A) an assurance that payments made
pursuant to this subparagraph will be used solely for programs and
projects approved by the Secretary of the Interior which meet the
applicable requirements of section 141 (a) and that the Department of
the Interior will comply in all other respects with the requirements
of this title, and (B) provision for carrying out the applicable pro-
visions of sections 141 (a) and 142(a) (3).
(20 U.S.C. 241c) Enacted April 11, 1965, P.L. 89-10, Title I, sec. 2, 79 Stat. 28;
amended July 21, 1965, P.L. 89-77, see. 3, 79 Stat. 243; amended Nov. 1, 1965, P.L.
$9-313, sec. 6(a), 79 Stat. 1161; amended Nov. 3, 1966, P.L. 89-750, Title I, secs.
102, 103(a), 104-108, 113(b), 117 80 Stat. 1191-1198; redesignated and amended
Jan. 2. 1968, P.L. 90-247, Title I, sees. 101, 103(a), 104, 105, 107, 108(a), 81 Stat.
783-787; amended Oct. 16, 1968, P.L. 90-576 Title III, see. 307, 82 Stat. 1097;
amended April 13, 1970, P.L. 91-230, sees. 101(b), 103, 104, 105, 106, 107, 113, 84
Stat. 121-124, 126 ; amended and subsection 103(a) (1) (C) added June 23, 1972,
P.L. 92-318, sec. 411 (b), 86 Stat. 338; amended August 21, 1974, P.L. 93-380,
sec. 101, 88 Stat. 488, 491.


ELEMENTARY AND SECONDARY EDUCATION ACT
(APRIL 11, 1965) PUBLIC LAW 89-10 AS AMENDED
TIIROUTGth PUBLIC LAW 93-380

TITLE Il-SCHOOL LIBRARY 'ESOURCES, TEXTBOOKS, AND OTHER IN-
STRUCTIONAL MATERIALS
SECTION 20 2-ALLOTMNENT TO STATES

Sub8ction (a)-Alotment to Department of the Interior
*

ALLOTMENT TO STATES
SEc. 202. (a) (1) There is hereby authorized to be appropriated
for each fiscal year for the purposes of this paragraph an amount equal
to nlot more than 1 per Centum of the amount appropriated for such
year for payments to States under section 201 (b). The Commissioner
shall allot the amount appropriated pursuant to this paragraph among
Guam, American Samoa, the Virgin Islands, and the Trust Territory
of the Pacific Islands according to their respective needs for assistance
under this title. In a(ldil ",i, he shall allot from such amount to (A)_




for children alld to, l(leQs III e n,,lC11t'. I S(wlidaVV i -ri ,1( ,all-
ated for IndiaLntIII lrl 1).y tim,, I ii 01 thle I !('iK)P. U
the Secretary of Defense the amount necessary for su(hi assist anflaw fo r
children and teachers i the o) ersea's- u: .dpm Iu()(! t Sv.Ioois o.f i i(~ Ii .::)
nimt of I)efeise. The terms Up(>ll wi ll l n: sor s:ilcll ;1!i p() -e
shall be made to the Secretary of Interior and the Secretary of Deise
!-Hial de(etefniilwe plilslait to such1 eritoilaiU HiUSlonni; !) ,
(tet(,r-1 es vill bo:t carry out tl)( pilirpos( ()* ttii s tite.
2) Froin the sums appropiated for carrying) out t1)i, fit10 T( c1W V
fiscal year pursuant to section 201(b), the Coinnissioner shall ailot
t() (ach State an amount which bears the saie ratio to th e tot,"I I,.
such sums as the number of children enrolled in the public and p i ate
c 1einentary and secondary schools of that State bears to the t al
.ui1Tber of children so enrolled in such schools in all of the S.ucs.
The number of childlren so enrolled shall bie determined by the (COMn-
inissioner on the basis ol the most recent satisfactory data availal '
to him. For purposes of this subsection, the term "State" shall not i!-
chude Guam, American Samoa, the Virgin Islands, and the xi',:;>t
Territory of the Pacific Islands.
(b) The amount of any State's allotment under subsection (a) for
any fiscal year which the Commissioner determines will not be re(iI ir1ed
for such fiscal year shall be available for reallotment from time to t i 1,,
on such dates during such year as the Commissioner may fix, to oter)(4
States in proportion to the original allotments to such States uiu' ler
subsection (a) for that year but with such proportionate amount for
any of such other States being reduced to the extent it exceeds 1 he
sum the Commissioner estimates such State needs and will be able to
use for such year; and the total of such reduction shall be similarly
reallotted among the States whose proportionate amounts were not
so reduced. Any amounts reallotted to a State under this subsection
during a year from funds appropriated pursuant to section 201 shall
be deemed part of its allotment under section (a) for such year.
(20 U.S.C. 822) Enacted April 11, 1965, P.L. 89-10, Title II, see. 202, 79 Stat.
36,: amended Nov. 3, 1966, P.L. 89-750, Title I, sec. 122, 80 Stat. 1199: amended
Jan. 2, 1968, P.L. 90-247, Title I, sec. 121, 81 Stat. 788; amended April 13, 1970,
P.L. 91-230, Title I, sec. 121(b) 84 Stat. 130; amended June 28, 1972. P.L.
92-318, sec. 421(b) (1) (A), 86 Stat. 341; amended August 21, 1974, P.L. 93-080,
sec. 102(b), 88 Stat. 502.

ELEMENTARY ANT) SECONDARY EDUCATION k(,'
(APRIL 11, 1965) PUBLIC LAW 89-10 AS AMEtfND)ED
THROUGH PUBLIC LAW 93-380
TITLi III-SUPPLEMENTARY EDUCATIONAL CENTERS AND SERVICiS'
GUiDANCE, COUNSELING, AND TESTING
SECTION 302-ALLOTM3ENT AMONG STT1-:S
Subsection (a) (1)-Allotment to Department of the Interior

ALLOTMENT AMONG STATES
SEC. 302. (a) (1) There is hereby authorized to be approprited for
each fiscal year for the purposes of this paragraph an amount equol to
6 '791 76---- 4




1O[ 111O-)!(' I 11ii i p', TI L [) 'I111I ul Lilt- LIJ1t1IL t 111 11'JIII A Ut IJL OU I i ( L
for irrnts ruder this title. Tie Commissioner shall allot the amount
at p ro r ntc 1 pursuant to this paragraph among Guam, American
Saiiimot. the Virgin Islands. and the Trust Territory of the Pacific
-lands according to their respective needs for assistance under this
itle. In addition, he shall allot from such amount to (A) the Secre-
tary of the Interior the amount necessary to provide programs and
projects for the purpose of this title for individuals on reservations
serv()ed by elementary and secondary schools operated for Indian
e'ildre11 b) tie Department of the Interior, and (B) the Secretary of
I)efese the amount necessary for such assistance for children and
teachers in the overseas dependents schools of the Department of
Defense. The terms upon which payments for such purpose shall be
made to the Secretary of the Interior and the Secretary of Defenie
shall be determined pursuant to such criteria as the Commissioner de-
term ines will best carry out the purposes of this title.
(2) From the sums appropriated for making grants under this title
for any fiscal year pursuant to section 301 (b), the Commissioner shall
allot $200,000 to each State and shall allot the remainder of such sums
among the States as follows:
(A) He shall allot to each State an amount which bears the
same ratio to 50 per centum of such remainder as the number of
children aged five to seventeen, inclusive, in the State bears to the
number of such children in all the States, and
(B) Ho shall allot to each State an amount which bears the
same ratio to 50 per centum of such remainder as the population
of the States bears to the population of all the States.
For the purposes of this subsection, the term "State" does not include
Guam, American Samoa, the Virgin Islands, and the Trust Territory
of the Pacific Islands.
(b) The number of children aged five to seventeen, inclusive, and
the total population of a State and all of the States shall be determined
by the Commissioner on the basis of the most recent satisfactory data
available to him.
(c) The amount allotted to any State under subsection (a) for any
fiscal year, which the Commissioner determines will not be required
for the period for which that amount is available, shall be available
for grants pursuant to section 306 in such State, and if not so needed
may be reallotted or used for grants pursuant to section 306 in other
States. Funds available for reallotment may be reallotted from time to
time, on such dates during that period as the Commissioner may fix,
among other States in proportion to the amounts originally allotted
among those States under subsection (a) for that year, but with the
proportionate amount for any of the other States being reduced to the
extent it exceeds the sum the Commissioner estimates that State needs
and will be able to use for that period; and the total of these reduc-
tions may be similarly reallotted among the States whose proportionate
amounts were not so reduced. Any amount reallotted to a State under
this subsection from funds appropriated pursuant to section 301 for
any fiscal year shall be deemed to be a part of the amount allotted to it
ni(erSl'tbsection (a) for that year.




(1 ) I Ile 11iiiOUIiLS ntaMw UN ~itUIk 1 1'. : Lilt- 111 ~ ~ '
M'('t 1011 ~~ C ) br an v1 vic ear slih I -ei Ia I a v u I ai va
t1le, next succeeding fiscal year.
(20 U.S.C. 842) Enacted April 11, 1965, P.L. 89-10, Title III, see. "02. 79
Stat. 40; amended Nov. 3, 1966, P.L. 89-750, Title 1, sec. 132, 80 Stat. 1201:
amended Jan. 2, 1968, P.L. 90-247, Title I, see. 131, 81 Stitt. 789; amended
April 13, 1970, P.L. 91-230, Title 1, see. 131 (a) (1), 84 Stat. 131; amended June
23, 1972, P.L. 92-318, sec. 421(b) (1) (B), 86 Stat. 341.


ELEMENTARY AND SECONDARY EDUCATION ACT
(APRIL 11, 1965) PUBLIC LAW 89-10 AS AMENDED
THtROUGH PUBLIC LAW 93-380

TITLE IV-LBRz.A IES, LEARNING RESOURCES, EDUCATIONAL
INNOVATION, AND SUPPORT
SECTION 402-ALLOTMENT TO TILE STATES
,YSbscction (a) -A 11otent to Departi-ho' t of tre fatcrmo'
ALLOTMENT TO THE STATES
SEC. 402. (a) (1) There is hereby authorized to be appropriated
for each fiscal year for the purposes of this paragraph amounts equal
to not more than 1 per centum of each of the amounts appropriated for
sutch year under subsections (a) or (b), or both, of section 401. The
Commissioner shall allot each of the amounts appropriated pursuant
to this paragraph among Guam, American Samoa, the Virgin Islands,
and the Trust Territory of the Pacific Islands, according to their re-
spective needs for assistance under part B or part C, or both, of this
title. In addition, for each fiscal year lie shall allot from each of such
amounts to (A) the Secretary of the Interior the amounts necessary
for the programs authorized by each such part for children and
teachers in elementary and secondary schools operated for Indian chil-
dren by the Department of the Interior, and (B) the Secretary of
Defense the amounts necessary for the programs authorized by each
stuch part for children and teachers in the overseas dependents schools
of the Department of Defense. The terms upon which payment for
such purposes shall be made to the Secretary of the Interior and the
Secretary of Defense shall be determined pursuant to such criteria as
tile Commissioner determines will best carry out the purposes of this
title.
(2) From the amounts appropriated to carry out part B or part C,
or both, of this title for any fiscal year pursuant to subsections (a) and
(b) of section 401, the Commissioner shall allot to each State from
each such amount an amount which bears the same ratio to such amount
as the number of children aged five to seventeen, inclusive, in the State
bears to the number of such children in all the States. For the purposes
of this subsection, the term 'State' shall not include Guam, American
Samoa, the Virgin Islands, and the Trust Territory of the Pacific
Islands. The number of children aged five to seventeen, inclusive, in a




""Nar aarni in au ile 1"1taii's M101i ',l(Ill t' u I lit. l1l1lISS WJl F 111
the basis of the most recent satisfactory data available to him.
(b) The amount of any State's allotment under subsection (a) fox
any fiscal year to carry out part B or ( which tHie Con-IIissioner deter-
mines wilI not be required for such fiscal year to carry out such part
s!iill be available for reallotment from time to time, on such dates dur-
ing s,,ch year as the Commissioner may fix, to ol her States in propor-
tion thCe original allotments to such States under subsection (a) for
t lat year Iut with such proportionate amount for any of such other
S tates being re(luced to the extent it exceeds the sum the Commissioner
estimates such State needs and will be able to use for sucl year; and the
total of such reductions shall be similarly reallotted among the States
whose proportionate amounts were not so reduced. Any amounts real-
lotted to a State under this subsection during a year from funds appro-
priated pursuant to section 401 shall be deemed a part of its allotment
under subsection (a) for such year.
(20 U.S.C. 1802) Enacted August 21, 1974, P.L. 93-380, see. 401, 88 Stat. 537, 538.


ELEMENTARY AND SECONDARY EDUCATION ACT
(APRIL 11, 1965) PUBLIC LAW 89-10 AS AMENDED
THROUGH PUBLIC LAW 93-380

TITLE VII-BILINGUAL EDUCATION PROGRAMS
SECTION 72 2-INDIAN CHILDREN IN SCHOOLS

INDIAN CHILDREN IN SCHOOLS
SEc. )_ (a) For the purpose of carrying out programs under this
part for individuals served by elementary and secondary schools
operated predominantly for Indian children, a nonprofit institution
or organization of the Indian tribe concerned which operates any
such school and which is approved by the Commissioner for the pur-
poses of this section may be cosidered to be a local educational agency
a s such term is used in this title.
(b) From the sums appropriated pursuant to section 702(b), the
Commissioner is authorized to make payments to the Secretary of the
Interior to carry out programs of bilingual education for children
on reservations served by elementary and secondary schools for Indian
children operated or funded by the Department of the Interior. The
terias upon which payments for such purpose may be made to the
Secretary of the Interior shall be determined pursuant to such criteria
as the Commissioner determines will best carry out the policy of
section 702(a).
T Sie of the Interior shall prepare and. not later than
November 1 of each year, shall submit to the Congress and the Presi-
dent an annual report detailing a review and evaluation of the use,
diirin,. r tle preceding fiscal year, of all funds paid to him by the Com-
fTI lr uOr I Il)Suection (b) of this section. including complete
fiveal reports. a des-eription of the personnel and information paid for




and the status ol all programs funded from such payments. Nothing
in this subsection shall be construed to relieve the Director of any
authority or obligation under this part.
(d) Tihe Secretary of the Itir iall. together with the infornia-
tion required in the )precedincr -ubsection, sliilt to the Con/eds and
the President, an assess:ment of the needs of Indian children witl
respect to the purposes of this tile in schools operated or funded 10,
the I)epartment of the Iiterior. including lose Stzate ed(1ational
agencies and local educational agencies reeeivin assistance ulwi er ti ie
Johnson-O'Ma1ley Act (a U.S.C. 452 et seq.) and an assessinent of the
extent to which such needs are being met by funds provided to suchi
schools for educational purposes through the Secretary of the In terior.
(20 U.S.C. 880 b-8) Enacted August 21, 1974, P.L. 93-380, sec. 105(a) (1), S
Stat. 507, 50S.

ELEMENTARY AND SECONDARY EDUCATION ACT
(APRIL 11, 1965) PUBLIC LAW 89-10 AS AMENDED
THROUGH PUBLIC LAW 93-380
TITLE VIII-GENERAL PROVISIONS
SECTION S 1 0-IiPROVEM1rENT OF EDUCATIONAL OPPORTUNITIES
FOR INDIAN CHILDREN

(NOTE.-Section 810 of the ESEA is Part B of the Indian Education Act. See
p. 6 for the text of this legislation).


EDUCATION OF THE HANDICAPPED ACT (APRIL 13, 1970)
PUBLIC LAW 91-230 AS AMENDED THROUGH PUBLIC
LAW 94-142
*

SECTION 6 11-ENTITLEMENTS AND ALLOCATIONS
Subsection (f)-Allotment to the Department of the Interior

PART B.-AssISTANCE FOR EDUCATION OF ALL HANDICAPPED CIiILDRN

ENTITLEMENTS AND ALLOCATIONS
SEC. 611 (a) (1) Except as provided in paragraph (.) and in sec-
tion 619, the maximum amount of the grant to which a State is entitled
under this part for any fiscal year shall be equal to-
(A) the number of handicapi)ped chilldr aced three to
twenty-one, inclusive, in sucll State who are receiving special
education and related services;
multiplied b)y-
(B) (i) 5 per cent lln, for tle fiscal \vear ending September 80.
1978, of the average peCI ppil expenditilre in public elementary
and secondary schools in the United States-




,p per cent um, for the fiscal year ending September 30,
19>0. of the average per pupil expenditure in public elementary
and secondary schools in the United States"
iv) 30 per centum, for the fiscal year ending September 30,
I9SL of the average per pupil expendliture in public elemnentairy
and secondary schools in the United States; and
(v) 40 per centum, for the fiscal year ending September 3,
1982, and for each fiscal year thereafter, of the average per pupil
expenditure in public elementary and secondary schools in the
United States;
except that no State shall receive an amount which is less than the
amount which such State received under this part for the fiscal year
ending September 30, 1977.
(2) For the purpose of this subsection and subsection (b) through
subsection (e), the term "State" does not include Guam, American
Samoa, the Virgin Islands, and the Trust Territory of the Pacific
Is lands.
(3) The number of handicapped children receiving special educa-
tion and related services in any fiscal year shall be equal to the average
of the number of such children receiving special education and related
services on October 1 and February 1 of the fiscal year preceding the
fiscal year for which the determination is made.
(4) For purposes of paragraph (1) (B), the term "average per
pupil expenditure", in the United States, means the aggregate current
expenditures, during the second fiscal year preceding the fiscal year
for which the computation is made (or, if satisfactory data for such
year are not available at the time of computation, then during the
most recent preceding fiscal year for which satisfactory data are avail-
able) of all local educational agencies in the United States (which,
for purposes of this subsection, means the fifty States and the District
of Columbia), as the case may be, plus any direct expenditures by the
State for operation of such agencies (without regard to the source of
funds from which either of such expenditures are made), divided by
the aggregate number of children in average daily attendance to whom
such agencies provided free public education during such preceding
year.
(5) (A) In determining the allotment of each State under para-
raph (I), the Commissioner may not count-
(i) handicapped children in such State under paragraph (1)
(A) to the extent the number of such children is greater than 12
per centum of the number of all children aged five to seventeen,
inclusive, in such State:
(ii) as part of such percentage, children with specific learning
disabilities to the extent the number of such children is greater
than one-sixth of such percentage; and
(iii) handicapped children who are counted under section 121
of the Elementary and Secondary Education Act of 195.
(B) For purposes of subparagraph (A), the number of children
d five to seventeen, inclusive, in any State shall be determined by
Commisioner on the basis of the most recent satisfactory data
ilable to him.




% LZkj 'W'.,~L~ij'J ~',L LLIA "Ui J L IOVAI.- L i -)U-! 07tu L li
accordance with the provisions of paragraph (2) ; and
(B) 50 per centuin of such funds slial I.e distributed L '
State pursuant to subsection (d) to local educational aj("1Ii((S
and intermediate educational units in such State, for lise ilt ac-
cordance with the priorities established under section 612().
(2) Of the funds which any State may use under !arariaph (1)
(A)--
(A) an amount which is equal to the greater of--
(i) 5 per centum of the total amount of funds received
under this part by such State; or
(ii) $200,000;
may be used by such State for administrative costs related to car-
tying out sections 612 and 613; and
(B) the remainder shall be used by such State to )rovid( sup-
port services and direct services, in accordance with the 1)riorities
established under section 612(3).
(c) (1) Of the funds received under subsection (a) 1)y any Stale
for the fiscal year ending September 30, 1979, and for each fiscal year
thereafter-
(A) 25 per centun of such funds may l)e used by such Statc*
in accordance with the provisions of paragraph (2) : and
(B) except as provided in paragraph (3), 75 centum of
such funds shall be distributed by such State pursuant to subsec-
tion (d) to local educational agencies and intermediate educa-
tional units in such State, for use in accordance with prio-it ies
established under section 612 (3).
(2) (A) Subject to the provisions of subparagraph (B), of the
funds which any State may use under paragraph (1) (A)-
(i) an amount which is equal to the greater of-
(I) 5 per centum of the total amount of funds recei\-ed
under this part by such State; or
(II) $200,000;
may be used by such State for administrative costs related to
carrying out. the provisions of sections 612 and 613: and
(ii) the remainder shall be used by such State to provide sup-
port services and direct services, in accordance with thel priorities
established under section 612 (3).
(B) The amount expended by any State from the funds Vail,;i]e
to such State under paragraph (1) (A) in any fiscal year for the pro-
vision of support services or for the p)rOvlsioli of direct services shall
be matched on a program basis by such State, from funds other than
Federal funds, for the provision of support services or for- the provi-
Sion of directt services for the -scal year involved.
(3) The provisions of section 613(a) (9) shall not apply with
spect to amounts available for use by and State under para ra I 1 (2).
(4) (A) No funds shall be distributed by av State Under tbi +c
section in any fiscal year to any locnl edue national agency or inter-
mediate educational unit in such State if
(i) such local educational agencv or intermediate ecleatiopal
unit is entitled. under subseption (d). to less than ,417.500 for suc-h
year: or




,, ,, enever the provisions of subparagraph (A) apply, the
1tve oled shall use such fumds to assure the provision of a free
1 l educatiflw to hanidicappe( children residing in the area
erved b( uch local educational agency of such intermediate educa-
inlit. The P-ohs)ins of paragraph (2) (B) shall not apply to
Hie "se of such funds.
(d) From the total amount of funds available to local educational
agencies and intermediate educational units in any State under sub-
Section (b) (1) (B) or subsection (c) (1) (B), as the case may be, each
local ecdu national agency or intermediate educational unit shall be
entitlei to an amount which bears the same ratio to the total amount
:IvAilable under subsection (b) (1) (B) or subsection (c) (1) (B), as the
ease mav be. as the number of handicapped children aged three to
twenty-one, inclusive. receiving special education and related services
in such local educational agency or intermediate educational unit bears
to the aparegate number of handicapped children agedthree to twenty-
one, inclusive, receiving special education and related services in all
local educational agencies and intermediate educational units which
apply to the State educational agency involved for funds under this
pa rt.
(e) (1) The jurisdictions to which this subsection applies are Guam,
American Samoa, the Virgin Islands, and the Trust Territory of the
Pacific Islands.
(21 Each jurisdiction to which this subsection applies shall be
entitled to a grant for the purposes set forth in section 601(c) in an
amount equal to an amount determined by the Commissioner in ac-
corclance with criteria based on respective needs, except that the aggre-
,'r:,e of the amount to which such jurisdictions are so entitled for any
fis(-al year shall not exceed an amount equal to 1 per centum of the
azgregate of the amounts available to all States under this part for
that fiscal year. If the aggregate of the amounts, determined by the
Commissioner pursuant to the preceding sentence, to be so needed for
any fiscal year exceeds an amount equal to such 1 per centum limita-
tion. the entitlement, of each such jurisdiction shall be reduced pro-
poi-tionately until such aggregate does not exceed such 1 per centum
limitation.
(P) The amount expended for administration by each jurisdiction
under this subsection shall not exceed 5 per centum of the amount
allotted to such jurisdiction for any fiscal year, or $35.O09 whichever
is creater.
(f) (1) The Commissioner is authorized to make payments to the
eer(tarv of the Interior according g to the need for such assistance for
be education of handicapped children on reservations serviced by
le-wentnrv and secondary schools operated for Indian children by
1e DerPartment of the Interior. The amount of such payment for any
v r shall not exceed 1 per centam of the, aggregate amounts
vmi!'hbo to all States under this Part for that fiscal year.
K The Socretfiry of the Interior may receive an allotment under
:i-ii),etion cmlv after submittin, to the Commissioner an applica-
m wliih niwts t!he .nplicable requirements of section 614(a) and
6e+ iq unTproved !Lv the Comms sioner. The provisions of section 6l1f
i1 :a1D3)ly to ,any such application.




total amounts wnicn ait states are entitiec1 to receive unuer tnis parr
for such fiscal year, the maximum amounts which all States are
entitled to receive under this part for such fiscal year shall be rtably
reduced. In case additional funds become available for Tnakin such
payments for any fiscal year during which the preceding sentence is
applicable, such reduced amounts shall be increased on the same basis
as they were reduced.
(2) In the case of any fiscal year in which the naxiimUm amni nts
for which States are eligible have been reduced under the fist sentence
of paragraph (1). and in which additional funds have not been made
available to pay in full the total of such maximum amounts under tie
last sentence of such paragraph, the State educational agency Fliall fix
dates before which each local educational agency or intelTmediate
educational unit shall report to the State educational a ren(y on the
amount of hinds available to the local educational agency or iteed-
late educational unit. under the provisions of subsection (d). whikh
it estimates that it will expend in accordance with the provisions of
this part. The amounts so available to any local educational aonency
or intermediate educational unit, or any amount which would be
available to any other local educational agency or intermediate edu-
cational unit if it were to submit a program meeting the requirements
of this part, which the State educational agency determines will not
be used for the period of its availability, shall be available for alloca-
tion to those local educational agencies or intermediate educational
units, in the manner provided by this section, which the State educa-
tional agency determines will need and be able to use additional funds
to carry out approved programs.
(20 U.S.C. 1411) Enacted April 13, 1970, P.L. 91-230, Title VI, see. 611. 54 Stat.
178; amended November 29, 1975, P.L. 94-142, see. 5(a), 89 Stat.-.


NATIONAL DEFENSE EDUCATION ACT (SEPTEMBER 2,
1958) PUBLIC LAW 85-864 AS AMENDED THROUGH PUB-
LIC LAW 90-575
TITLE X-MISCELLANEOUS PROVISIONS
SECTION 1008-ALLOTMENTS TO TERRITORIES AND POSSESSIONS

ALLOTMENTS TO TERRITORIES AND POSSESSIONS 1
SEC. 1008. The amounts reserved by the Commissioner under see-
tions 302, 312., and 502 shall, in accordance therewith, be allotted
among-
(A) Puerto Rico, the Canal Zone, Guam. American Samoa,
the Virgin Islands, and the Trust Territory of the Pacific Islands
according to their respective needs for the'type of assistance fur-
Section 302 concerns financial assistance for strengthening instruction in science,
mathematics. modern foreign ]anguages, and other critical subjects-alotments to states
Section 312 concerns financial assistance for strengthening Instruction in science,
mathematics, modern foreign languages, and other critical subjects--allotments to local
educational agencies:
Section 502 concerns guidance, counseling, and testing; Identification and encotirage-
ment of able students-allotments to states.




(B) in the case of amounts so reserved under sections 302 and
,o.2, (i) the Secretary of the Interior, according to the need for
such assistance in order to effectuate the purposes of such part
or title in schools operated for Indian children by the Depart-
ment of the Interior, and (ii) the Secretary of Defense according
to the need for such assistance in order to effectuate the purposes
of such part or title in the overseas dependents schools of the De-
t)artnlent of Defense. The terms upon which payments for such
purpose shall be made to the Secretary of the Interior and the
Secretary of Defense shall be determined pursuant to such cri-
teria as the Commissioner determines will best carry out the pur-
poses of this title.
(20 U.S.C. 588) Enacted Sept. 2, 1958, P.L. 85-864, Title X, see. 1008, 72 Stat.
1605: amended June 25, 1959, P.L. 86-70, sec. 18(a) (3), 73 Stat. 144; amended
July 12, 19.W, P.L. 86-624, sec. 14(a) (3), 74 Stat. 413; amended Dec. 18, 16,
P.L. 88-210, sec. 28(a), 77 Stat. 419; amended Oct. 16, 1968, P.L. 90-575, Title III,
sec. 351, 82 Stat. 1058.


EMERGENCY SCHOOL AID ACT (JUNE 23, 1972) PUBLIC
LAW 92-318, TITLE VII AS AMENDED THROUGH PUB-
LIC LAW 93-380

SECTION 72 0-DEFINITIONS
S,0Ib ontoh ( )-De filnition of "Local Educational Agency"

DEFINITIONS
SEC. 720. Except as otherwise specified, the following definitions
shall apply to the terms used in this title:
(1) The term "Assistant Secretary" means the Assistant Secretary
of Health, Education, and Welfare for Education.
(2) The term "current expenditure per pupil" for a local educa-
tional agency means (1) the- expenditures for free public education,
including expenditures for administration, instruction, attendance
and health services, pupil transportation services, operation and main-
tenance of plant, fixed charges, and net expenditures to cover deficits
for food services and student body activities, but not including expen-
ditures for community services, capital outlay and debt service, or any
expenditure made from funds granted under such Federal program
of assistance as the Secretary may prescribe, divided by (2) the num-
ber of children in average daily attendance to whom such agency
provided free public education during the year for which the computa-
t i on i -; m a de.
The term "elementary school" means a day or resdentil school
which provides elementary education, as determined under State law.
(4) The term "equipment" includes machinery, utilities and built-in
equipment and any necessary enclosures or structures to house them,
and includes all other items necessary for the provision of educational
services, such as instructional equipment and necessary furniture,
printed, published, and audiovisual instructional materials, and other
related material.




tional institution in any State which-
(A) admits as regular students only individuals having a cer-
tificate of graduation from a high school, or the recognized quiv-
alent of such a certificate;
(B) is legally authorized within such State to provide a pro-
gram of education beyond high school;
(C) provides an educational program for which it awards a
bachelor's degree; or provides not less than a two-year program
which is acceptable for full credit toward such a degree, or offers a
two-year program in engineering, mathematics, or the physical or
biological sciences which is designed to prepare the student to
work as a technician and at a semi professional level in engineer-
ing, scientific, or other technological fields which requi.r the
understanding and application of basic engineering, scientific, or
mathematical principles or knowledge;
(D) is a public or other nonprofit institution; and
(E) is accredited by a nationally recognized accrediting agency
or association listed by the Commissioner for the purposes of this
paragraph.
(6) For the purpose of section 706(a) (2) and section 709(a) (1).
the term "integrated school" means a school with an enrollment in
which a substantial proportion of the children is from educationally
advantaged backgrounds, in which the proportion of minority group
children is at least 50 per centum of the proportion of minority group
children enrolled in all schools of the local educational agencies within
the Standard Metropolitan Statistical Area, and which has a faculty
and administrative staff with substantial representation of minority
group persons.
(7) For the purpose of section 706 (a) (1) (E), the term "integrated
school" means a school with (i) an enrollment in which a substantial
proportion of the children is from educationally advantaged back-
grounds, and in which the Assistant Secretary determines that the
number of nonminority group children constitutes that proportion
of the enrollment which will achieve stability, in no event more than 65
per centum thereof, and (ii) a faculty which is representative of the
minority group and nonminority group population of the larger
community in which it is located, or, wherever the Assistant Secretary
determines that the local educational agency concerned is attempting
to increase the proportions of minority group teachers, supervisors,
a(1 administrators in its employ, a faculty which is representative
of the minority group and nonminority group faculty employed by
the local educational acency.
(8) The term "local educational agency" means a public board of
dedication or other public authority legally constituted within a State
for either administrative, control or direction of, public elementary or
seCCondary schools in a city, county, township, school district, or other
political subdivision of a State, or a federally recognized Indian reSer-
vation, or such combination of ;Phool distiit- or counties I- )Ve
r.conzed in a State as an administrative agency for its public el(-
mentary or secondary schools, or a combination of local ediv"ational
agencies: and includes any othei public institution or agency having
administrative control and direction of a public elementary or sec-
ondary school and where responsibility for the control and -direction
of the activities in such schools which are to be assisted under this title




the Assistant Secretary may consider such subordinate agency as a
local educational agency for purpose of this title.
(9) (A) The term "minority group" refers to (i) persons who are
Negro, American Indian, Spanish-surnamed Americans, Portuguese,
Oriental, Alaskan natives, and Hawaiian natives and (ii) (except for
the purposes of section 705), as determined by the Assistant Secretary,
persons who are from environments in which a dominant language is
other than English and who, as a result of language barriers and cul-
tural differences, do not have an equal educational opportunity, and
(B) the term "Spanish-surnamed American" includes persons of
Mexican, Puerto Rican, Cuban, or Spanish origin or ancestry.
(10). The terms "minority group isolated school" and "minority
group isolation" in reference to a school mean a school and condition,
respectively, in which minority group children constitute more than
50 per centum of the enrollment of a school.
(11) The term "nonprofit" as applied to a school, agency, organiza-
tion, or institution means a school, agency, organization, or institution
owned and operated by one or more nonprofit corporations or associa-
tions no part of the net earnings of which inures, or may lawfully
inure, to the benefit of any private shareholder or individual.
(12) The term "secondary school" means a day or residential school
which provides secondary education, as determined under State law,
except that it does not include any education provided beyond grade 12.
(13) The term "Standard Metropolitan Statistical Area" means the
area in and around a city of fifty thousand inhabitants or more as
defined bv the Office of Management and Budget.
(14) the term "State" means one of the fifty States or the District
of Columbia, and for purposes of section 708 (a), Puerto Rico, Guam,
American Samoa, the Virgin Islands, and the Trust Territory of the
Pacific Islands shall be deemed to be States.
(15) The term "State educational agency" means the State board
of education or other agency or officer primarily responsible for the
State supervision of public elementary and secondary schools, or, if
there is no such officer or agency, an officer or agency designated by the
Governor or by State law for this purpose.
(20 U.S.C. 1619) Enacted June 23, 1972, P.L. 92-318, sec. 720, 86 Stat. 369-371;
amended August 21, 1974, P.L. 93-380, sec. 643 (d), 88 Stat. 587.

HTGTIER EDU CATION ACT (NOVEMBER 8, 1965), PUBLIC
LAW 89-329 AS AMENDED THROUGH PUBLIC LAW 93-
380
TTL.E IIISTRNGTIE I (r DV,: f jP I sn ro \'Y s
SECTION 302-ELIGIBILITY FOR Q,1ECI AL ASIS'rANCE
S~llhseoon (a)-Wa;cr of Seleeted Eligibility Requirements for
Selcted Imstitutions

ELIGIBILITY FOR SPECLL ASSISTANCE
SEC. 302. (a) (1) For the purposes of this title, the term "develop-
ing institution" means an institution of higher education in any State
wIhich-




state, an educational program Tor whic it awards a oachelors"
degree, or is a junior or comnunity college;
(B) is accredited by a nationally recognized accrediting agency
or association determined by le Commissioner to be reliable
authority as to the quality of training offered or is, according to
such an agency or association. inaking reasonable progress toward
accreditation;
(C) except as is provided in paragraph (2), has met the re-
quirement of clauses (A) and (B) (hiring the five ac-ldemic years
preceding the academic year for which it seeks assistance under
this title; and
(D) meets such other requirements as the Comiiiissioner shall
prescribe by regulation, which requirements shall include at least
a determination that the institution-
(i) is making a reasonal le effort to improve the quality
of its teaching and administrative staffs and of its student
services; and
(ii) is, for financial or other reasons, struggling for sur-
vival and isolated from the main currents of academic life.
(2) The Commissioner is authorized to waive the requirements set
forth in clause (C) of paragraph (1) in the case of applications for
grants under this title by institutions ocnA o o-r >. :,r an Indian
reservation or a substantial population cf Indians if the Commissioner
determines such action will increase higlier education for Indians. ex-
cept that such grants may not involve an expenditure of funds in
excess of 1.4 per centum of the sums appropriated pursuant to this
title for any fiscal year. The Commissioner is authorized to waive three
years of the requirements set forth in clause (C) of paragraph (i)
in the case of applications for grants under this title by institutions
if the Commissioner determines such action will substantially increase
higher education for Spanish-speaking people.
(b) Any institution desiring special assistance under the provisions
of this title shall submit an application for eligibility to the Commis-
sioner at such time, in such form, and containing such information, as
may be necessary to enable the Commissioner to evaluate the need of the
applicant for such assistance and to determine its eligibility to be a
developing institution for the purposes of this title. T,e Cominis-
sioner shall approve any application for ell'ibility undet. thi; subsec-
tion which indicates that the applicant is a developing instituton
meeting the requirements set forth in subsection (a).
(c) For the purposes of clause-(A) of paragraph (1) of stibseotion
(a) of this section, the term "junior or community college" means an
institution of higher education-
(1) which does not provide an educational proan for which
it awards a bachelor's degree (or an equivalent de,!xree) ;
(2) which admits as regular students only persons having a
certificate of graduation from a school provi1ini se 'on I a v v educa-
tion (or the recognized equivalent of suich a certifloate) : nd
(3) which does-
(A provide an educational moirra:n of ;Pol less than two
years which is acceptable for full ci,>(. it toward iuch a decree,
or




physical or biological sciences, which program is
designed to prepare a student to work as a technician and at
the semiprofessional level in engineering, scientific, or other
technological fields, which fields require the understanding
and application of basic engineering, scientific, or mathemati-
cal principles of knowledge.
(20 U.S.C. 1052) Enacted June 23, 1972, P.L. 92-318, Title I, sec. 121 (a), 86 Stat.
241, 242; amended August 21, 1974, P.L. 93-380, sec. 832, 88 Stat. 603.

HIGHER EDUCATION ACT (NOVEMBER 8, 1965) PUBLIC
LAW 89-329 AS AMENDED THROUGH PUBLIC LAW 93-380

TinE V-EDUCATION PRonEssIoNs DEVELOPMENT
Part A-General Provisions
SECTION 503-APPRAISING EDUCATION PERSONNEL NEEDS
Subsection (a) -Indian Edwation Personel'

APPRATISING EDUCATION PERSONNEL NEEDS
S'c. 503. (a) The Commissioner shall from time to time appraise
the lNations existing and future personnel needs iin the field of edu-
cation, including preschool programs, elementary and secondary edu-
cation, vocational and technical education, adult education, and higher
education, including the need to provide such programs and education
to Indians, and the adequacy of the Nation's efforts to meet these needs.
In developing information relating to educational personnel needs, the
(oinissioner shall consult with, and make maximum utilization of
statistical and other related information of, the Department of Labor,
the National Science Foundation, the National Foundation on the Arts
and the Humanities, State educational agencies, State employment
security agencies, and other appropriate public and private agencies.
(b) The Commissioner shaI1 prepare and publish annually a report
on the education professions, in which he shall present in detail his
views on the state of the education professions and the trends which he
liscerns with respect to the future complexion of programs of educa-
ion throughout the Nation and the needs for well-educated personnel
o staff such programs. The report shall indicate the Commissioner's
lans concerning the allocation of Federal assistance under this title
i relation to the plans and programs of other Federal agencies.
(20 U.S.C. 1091b) Enacted June 29, 1967, P.L. 90-35, sec. 2(c). 81 Stat. 83;
ended June 23, 1972, P.L. 92-318, sec. 451, 86 Stat. 344.
*

Provision also cited under Part E, section 451 (a) of the Indian Education
,T. 13.




irarL D-.-i.-UraCLung ala tZUailylllg I eUt1wi6


SECTION 51 3-TEACHER CORPS PROGRAM

Subsection (c) -Allotment of Teacher Corps Members to BIA Schools
9 *

TEACHER CORPS PROGRAM
SEC. 513. (a) For the purpose of carrying out this subpart, the Com-
missioner is authorized to-
(1) enter into contracts or other arrangements with institu-
tions of higher education or local educational agencies under
which they will recruit, select, and enroll in the Teacher Corps
for periods of up to two years, experienced teachers, teacher
aides, persons who have a bachelor's degree or its equivalent, and
persons who have successfully completed two years of a program
for which credit is given toward a baccalaureate degree and, for
such periods as the Commission may prescribe by regulation, Pei-
sons who volunteer to serve as part-time tutors or full-time instrue-
tional assistant;
(2) enter into arrangements, through grants or contracts, with
institutions of higher education or local educational agencies
(upon approval in either case by the appropriate State educa-
tional agency) or with State educational agencies to provide mem-
bers of the Teacher Corps with such training as the Commissioner
may deem appropriate to carry out the purpose of this subpart,
including not more than three months of training for members
before they undertake their teaching duties under this subpart;
(3) enter into arrangements (including the payment of the cost
of such arrangements) with local educational agencies upon ap-
proval by the appropriate State educational agency and, after
consultation in appropriate cases with institutions of higher edu-
cation, to furnish to local educational agencies, for service during
regular or summer sessions, or both, in the schools of such agencies
in areas having concentrations of children from low-income fam-
ilies, teaching teams, each of which shall consist of an experienced
teacher and a number of teacher-interns who, in addition to teach-
ing duties, shall be afforded time by the local educational eaencv
for a teacher-intern training program carried out under the auid-
ance of an experienced teacher in cooperation with an institution
of higher education:-
(4) pay to local educational agencies such part of the amount
of the compensation which suel aocfncies pay to or on ',elalf of
members of the Teacher Corps assigned to them Fvirsuant to ar-
rangements made pursuant to the precedin, claiU,," .)s mav be
agreed upon after consideration of their ability to pay s ,,ch com-
pensation, but not in excess of 90 per centum thereof. exeev that,
in exceptional cases, the Commissioner may provide tvore than
90 per centum of such compensation during the f -w-t year of any
agency's participation in the program:
(5) enter into contracts DT' other arrangements vitl lo.al edu-
cational agencies or institutions of hic1ier educatlom, upo a
proval by the appropriate State educational acreicnv, under which
provisions (including payment of the cost of such arrangements)




will be nii(le (A) to carry out programs serving disadvantaged
areas in which volunteers including lugl school and college
students) serve as part-time tultors or full-time instructional as-
sistants in teams with other Teacher Corps members, under the
guidance of experienced teacllers but not in excess of 90 per
centum of the c:ost of coi,0ensatio1 for such tutors and instruc-
tional assi-tants may be paid froni Federal funds, and (B) to
provide appropriate training to prepare tutors and instructional
assistants for service in such programs:
(6) enter into arrangements, through grants or contracts, with
State and local educational agencies, and with institutions of
higher education, and such other agencies or institutions approved
by the Co-iniissioner according to criteria which shall be estab-
lished by him to carry out the purposes of this paragraph, under
which provisions (including pDayments of the cost of such arrange-
ments) will be made to furnish to such agencies members of the
Teacher Corps to carry out projects designed to meet the special
educational needs of juvenile delinquents, youth offenders, and
allt criminal offenders, and persons who have been determined
b. a State or local educational agency, court of law, law enforce-
ment agency, or any other State or local public agency to be
p'edelinquent juveniles, but not in excess of 90 per centum of the
cost of compensation for Teacher Corps members serving in such
Projects may be paid from Federal funds;
(7). make available technical assistance to local educational
agencies and institutions of higher education for carrying out
arrangements entered into under clause (1) :
(8) acquaint qualified persons of teaching opportunities and
needs in disadvantaged areas and encourage qualified persons to
apply to appropriate educational agencies or institutions for en-
rollment in the Teacher Corps; and
(9) accept and employ in the furtherance of the purposes of
this subpart (A) voluntary and uncompensated services notwith-
standing the provisions of section 3679 (b) of the Revised Statutes,
as amended (31 U.S.C. 665(b)), and (B) any money or property
(real, personal, or mixed.- tangible or intangible) received by gift,
dm!,ice. bequest, or otherwise.
(b) Arrangements with institutions of higher education to provide..
frai~rn:. for teacher-interns while teaching in schools for local educa-
tional 7rencies under the provisions of this subpart shall provide,
wbv 'evei' possible, for training leading to an appropriate degree
(c) (1) Whenever the Commissioner determines that the demand for
the services of members of the Teacher Corps exceeds the number
availale, Ie shall, to the extent practicable, allocate the number of
members of the Teacher Corps who are available among the States in
ac(,,rdae with paragraph (2).
() Not to exceed 5 per een .rn )f th)e number of members of the
"l'eacir Corps who are available shall be allocated to Puerto Rico, the
Virvrin Tsa .nb, Guam, American Samoa and the Trust Territory of
tlie Pacific I;t.inds l not to exceed -5 per centum of such members
shlall be located to the elementary and seccnary schools operated
for Inlian children by the Department of Interior, according to their
respective needs. The remainder of such number of Teacher Corps
members shall be allocated among the State so that the number of




members available to any State shall bear the same ratio to the number
being allocated as the number of children enrolled in the public and
private elementary and secondary schools of that State bears to the
total number of children so enrolled in such schools in all of the States.
The number of children so enrolled shall be determined by the Com-
missioner on the basis of the most recent satisfactory data available
to him. For purposes of this subsection, the term "State" shall not in-
clude Puerto Rico, the Virgin Islands, Guam, American Samoa, or the
Trust Territory of the Pacific Islands.
(3) If the Commissioner determines that a State will not require
the number of Teacher Corps members allocated to it under paragraph
(2), lie shall, from time to time, reallot the number not required, on
such dates as he may fix, to other States in proportion to thie original
allocation to such States under paragraph (2), but with such propor-
tionate number for any of such other States being reduced to the extent
it exceeds the number the Commissioner determines such State needs
and will be able to use for such year; and the total of such reductions
shall be similarly reallocated among the States whose proportionate
numbers were not so reduced.
(d) A local educational agency may utilize members of the Teacher
Corps assigned to it in providing, in the manner described in section
205 (a) (2) of Public Law 874, Eighty-first Congress, as amended, edu-
cational services in which children enrolled in private elementary
and secondary schools can participate.
(20 U.S.C. 1103) Enacted Nov. 8, 1965, P.L. 89-329, Title V, sec. 513, 79 Stat.
1256; amended June 29, 1967, P.L. 90-35, sec. 9(a), (c), (f), 81 Stat. 85, 86; sec.
513 (c) (2) amended Apr. 13, 1970, P.L. 91-230, sec. 803, 84 Stat. 190; sec. 513 (a)
amended Apr. 13, 1970, P.L. 91-230, sec. 804 (c), 84 Stat. 190: and further
amended Apr. 13, 1970, P.L. 91-230, sec. 805 (b), 84 Stat. 191; amended August 21,
1974, P.L. 93-380, sec. 835(a) (2), 88 Stat. 605.


HIGHER EDUCATION ACT (NOVEMBER 8, 1965) PUBLIC
LAW 89-329 AS AMENDED THROUGH PUBLIC LAW
93-380
TITLE V-EDUCATION PROFESSIONS DEVELOPMENT

Part D-Improving Training Opportunities for Personnel Serving
in Programs of Education Other Than Higher Education
SECTION 532-TEACHERS FOR INDIAN CIILDRl;N

TEACHERS FOR INDIAN Ch1ILDREN 1
SEC. 532. Of the sums made available for the purposes of this part,
not less than 5 per centum shall be used for (rlsants to, and (cont racts
with, institutions of higher education and otler public and pi'iv)ate
nonprofit a~rencies and orzganiz: tions for the purpose of pvr0 I
persons to serve as teachers of children liViH) oil reservations servi(ed
by elementary and secondary schools for Indian children operated or
supported by the Department of the Intror. including public and
1 rovi-, Sil I lso cited uuder Pa 't E, s,-.tion 4 1I)) of ti: e I mdian EdU :0 i n Act.
3 1 -.




rand oraiain fIda tribes. In carrying out the provisions of
this section, preference shall be given to the training of Indians.
(20 U.S.C. 1119a) Enacted June 23, 1972, P.L 92-318, me. 451(b), 86 Stat. 344.


ADULT EDUCATION ACT
LAW 89-750, TITLE III AS
LAW 93-380


(NOVEMBER 3, 1966), PUBLIC
AMENDED THROUGH PUBLIC


SECTION 314-M PROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR
ADULT INDIANS

(Note.-Section 314 was added to the Adult Education Act by section 431 of
the Indian Education Act. See p. 10 for the text of this legislation.)


* *







PART I1-LEGISLATION ADMINISTERED WITHIN THE
DEPARTMENT OF THE INTERIOR

SUBPART A-STATUTE CITATIONS CONCERNING EDUCATION
SNYDER ACT OF 1921 (NOVEMBER 2, 1921) PUBLIC LAW 85,
67TH CONGRESS
AN ACT Authorizing appropriations and expenditures for the administration
of Indian affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Bureau of
Indian Affairs, under the supervision of the Secretary of the Interior,
shall direct, supervise, and expend such moneys as Congress may from
time to time appropriate, for the benefit, care, and assistance of the
Indians throughout the United States for the following purposes:
General support and civilization, including education.
For relief of distress and conservation of health.
For industrial assistance and advancement and general adminis-
tration of Indian property.
For extension, improvement, operation, and maintenance of exist-
ing Indian irrigation systems and for development of water supplies.
For the enlargement, extension, improvement, and repair of the
buildings and grounds of existing plants and projects.
For the employment of inspectors, supervisors, superintendents,
clerks, field matrons, farmers, physicians, Indian police, Indian judges,
and other employees.
For the suppression of traffic in intoxicating liquor and deleterious
drugs.
For the purchase of horse-drawn and motor-propelled passenger-
carrying vehicles for official use.
And for general and incidental expenses in connection with the
administration of Indian affairs.
(25 U.S.C. 13) Enacted November 2, 1921, P.L. 95, 67th Cong., 42 Stat. 208.
JOHNSON-O'MALLEY ACT (APRIL 16, 1934) PUBLIC LAW
167, 73RD CONGRESS AS AMENDED THROUGIt PUBLIC
LAW 93-638
AN ACT Authorizing the Secretary of the Interior to arrange with States or
Territories for the education, medical attention, relief of distress, and social
welfare of Indians, and for other purposes
Be it enacted by the Senate and hovse of Rcprc sfltat' s of the
United States of America in Congress asscinlbed. That the Secretary
of the Interior be, and hereby is. authorized, in his discretion. to enlteAr
into a contract or contracts with any State or Territory, or political
subdivision thereof, or with any State university, college, or school,
(55)




or with any appropriate State or private corporation, agency, or insti-
tution, for the education, medical attention, agricultural assistance,
and social welfare, including relief of distress, of Indians in such State
or Territory, through the agencies of the State or Territory or of the
corporations aid organizations hereinbefore named, and to expend
under such contract or contracts, moneys appropriated by Congress for
the education, medical attention, agricultural assistance, and social
welfare, including relief of distress, of Indians in such State or
Territory.
S:c. .2. That the Secretary of the Interior, in linking any contract
herein authorized, may permit such contracting party to utilize, for
the purposes of this Act, existing school buildings, hospitals, and
hrfacilt and all equipment therein or appertaining thereto,
including livestock and other personal property owned by the Gov-
ernment, under such terms and conditions as may be agreed upon
for their use and maintenance.
SEc. 3. That the Secretary of the Interior is hereby authorized
to perform any and all acts and to make such rules and regulations,
including minimum standards of service, as may be necessary and
proper for the purpose of carrying the provisions of this Act into
effect: Provided, That such minimum standards of service are not
less than the highest maintained by the States or Territories within
which said contract or contracts, as herein provided, are to be
effective.
Src. 4. The Secretary of the Interior shall not enter into any con-
tract for the education of Indians unless the prospective contractor
has submitted to, and has had approved by the Secretary of the Inte-
rior, an education plan, which plan, in the determination of the See-
retary, contains educational objectives which adequately address the
educational needs of the Indian students who are to be beneficiaries of
the contract and assures that the contract is capable of meeting such
objectives: Provided, That where students other than Indian students
participate in such programs, money expended under such contract
shall be prorated to cover the participation of only the Indian students.
SEc. 5. (a) Whenever a school district affected by a contract or con-
tracts for the education of Indians pursuant to this Act has a local
school board not composed of a majority of Indians, the parents of
the Indian children enrolled in the school or schools affected by such
contract or contracts shall elect a local committee from among their
number. Such committee shall fully participate in the development
of, and shall have the authority to approve or disapprove programs
to be conducted under such contract or contracts, and shall carry out
such other duties, and be so structured, as the Secretary of the Interior
shall by regulation provide: Provided. lloreer. That, whenever a local
Indian committee or committees established pursuant to section 305
(b) (2) (1) (ii) of the Act of June 23, 1972 (86 Stat. 235) or an Indian
dsor school board or boards established pursuant to this Act prior
to the (late of enactment of this section exists in such school district.
siw:.h (ollittee or board may, in the discretion of the affected tribal
gover;i (r body or bodies, be utlzed for the purposes of this section.
(0) 'i'L Sretary of the Interior may, in his discretion, revoke




t e iOi 'Ii I tS (UtBl2S "L0UIL LO [ '- uio t .
SEC. 6. Any school district educating Indian students who ar
members of recognized Indian tribes, who do not normally rei-de in.
the State in which such school district is located, and who are resi4dng
in Federal boarding facilities for the purposes of attending public
schools within such district may, in the discretion of the Secretary
of the Interior, be reimbursed by him for the full per capita costs of
educating such Indian students.
(25 U.S.C. 452-457) Enacted April 16. 1934, P.L. 167. 73rd Cong., 48 Stat. 596;
amended June 4, 1936, P.L. 638, 74th Cong., 49 Stat. 145S; amended June 29, 1960,
P.L. 86-533', 74 Stat. 248; amended Jan. 4, 1975, P.L. 93-638, 88 Stat. 2217.
INDIAN ADULT VOCATIONAL EDUCATION, PUBLIC LAW
959, 84TIt CONGRESS (AUGUST 3, 1956) AS AMENDED
THROUGH PUBLIC LAW 90-252
Relative to employment for certain adult Indians on or near Indian
reservations.
Be it enacted b j the Senate and House of Representatives of the
United States of Ainerica in Congress assembled, That in order to help
adult Indians who reside on or near Indian reservations to obtain
reasonable and satisfactory employment, the Secretary of the Interior
is authorized to undertake a program of vocational training that pro-
vides for vocational counseling or guidance, institutional traiinng in
any recognized vocation or trade, apprenticeship, and on-the-job
training, for periods that do not exceed twenty-four months, and for
nurses' trading, for periods that do not exceed thirty-six months,
transportation to the place of training, and subsistence during the
course of training. The program shall be available primarily to
Indians who are not less than eighteen and not more than thirty-five
years of age and who reside on or near an Indian reservation, and the
program shall be conducted under such rules and regulations as the
Secretary may prescribe. For the purposes of this program the Secre-
tary is authorized to enter into contracts or agreements with any
Federal, State, or local governmental agency, or with any private
school which has a recognized reputation in the field of vocational
education and has successfully obtained employment for its gradu-
ates in their respective fields of training, or with any corporation
or association which an existing apprenticeship or on-the-job train-
ing program which is recognized by industry and labor as leading to
skilled employment, or with any school of nursing offering a three-
year course of study leading to a diploma in nursing which is ac-
credited by a recognized body or bodies approved for such purpose
by the Secretary.
SEC. 2. There is authorized to be appropriated for the purposes of
this Act the sum of $25,000,000 for each fiscal year, and not to exceed
$1 ,500,000 of such sum shall be available for administrative purposes.
(25 U.S.C. 309-309a) Enacted Aug. 3, 1956, P.L. 959, 84th Cong., 70 Stat. 986;
amended Sept. 22, 1961, P.L. 87-273, 75 Stat. 571; amended Dec. 23, 1963, P.L.
88-230, 77 Stat. 471; amended Apr. 22, 1965, P.L. 89-14, 79 Stat. 74; amended
Feb. 3, 1968, P.L. 90-252, 82 Stat. 4.




1971) PUBLIC LAV 92-189
AN ACT To authorize grants for the Navajo Community College, and for other
purposes
Bo ia enacled by the Senate and Hoawe of Representatkves of the
U /ited ASfates of Amer-ica in Congress assembled, That this Act may
be cited as the "Navajo Community College Act."

PURPOSE
SEC. 2. It is the purpose of this Act to assist the Navajo Tribe of
In(lians in providing education to the members of the tribe and other
qualified applicants through a community college, established by that
tribe, 1,nows as the Navajo Community College.
GRANTS
SEC. 3. The Secretary of Interior is authorized to make grants to the
Navajo Tribe of Indians to assist the tribe in the construction, main-
tenance, and operation of the Navajo Community College. Such col-
lege shall be, designed and operated by the Navajo Tribe to insure that
the Navajo Indians and other qualified applicants have educational
opportunities which are suited to their unique needs and interests.

AUTHORIZATION OF APPROPRIATIONS
SEC. 4. For the purpose of making grants under this Act, there are
hereby authorized to be appropriated not to exceed $5,500,000 for con-
struction, plus or minus such amounts, if any, as may be justified by
reason of ordinary fluctuations from 1971 construction costs as mdi-
cated by engineering cost indexes applicable to the types of construc-
tion involved, and an annual sum for operation and maintenance of the
college that does not exceed the average amount of the per capita con-
tribution made by the Federal Government to the education of Indian
students at federally operated institutions of the same type.
(25 U.S.C. 640 a-c) Enacted Dec. 15, 1971, P.L. 92-189, 85 Stat. 646.
INDIAN SELF-DETERMINATION AND EDUCATION
ASSISTANCE ACT (JANUARY 4, 1975) PUBLIC LAW
93-638
AN ACT To provide maximum Indian participation in the Government and
education of the Indian people; to provide for the full participation of Indian
tribes in programs and services conducted by the Federal Government for
Indians and to encourage the development of human resources of the Indian
people; to establish a program of assistance to upgrade Indian education; to
support the right of Indian citizens to control their own educational activities;
and for other purposes
Be it enaored by the Sen ate a d Howe of Repreentatives of the
U'l,,ited States of Awrica in Congress amsembled, That this Act may
be cited as the "Indian Self-Determination and Education Assistance
Act".




CONGRESSIONAL FINDINGS


SEc. 2. (a) The Congress, after careful review of the Federal
Government's historical and special legal relationship with, and result-
ing responsibilities to, American Indian people, finds that-
(1) the prolonged Federal domination of Indian service pro-
grams has served to retard rather than enhance the progress of
Indian people and their communities by depriving Indians of the
full opportunity to develop leadership skills crucial to the realiza-
tion of self-government, and has denied to the Indian people an
effective voice in the planning and implementation of programs
for the benefit of Indians which are responsive to the true needs
of Indian communities; and
(2) the Indian people will never surrender their desire to con-
trol their relationships both among themselves and with non-
Indian governments, organizations, and persons.
(b) The Congress further finds that-
(1) true self-determination in any society of people is depend-
ent upon an educational process which will insure the development
of qualified people to fulfill meaningful leadership roles;
(2) the Federal responsibility for and assistance to education
of Indian children has not effected the desired level of educational
achievement or created the diverse opportunities and personal
satisfaction which education can and should provide; and
(3) parental and community control of the educational process
is of crucial importance to the Indian people.

DECLARATION OF POLICY
SEC. 3. (a) The Congress hereby recognizes the obligation of the
United States to respond to the strong expression of the Indian people
for self-determination by assuring maximum Indian participation in
the direction of educational as well as other Federal services to Indian
communities so as to render such services more responsive to the needs
and desires of those communities.
(b) The Congress declares its commitment to the maintenance of
the Federal Government's unique and continuing relationship with
and responsibility to the Indian people through the establishment of
a meaningful Indian self-determination policy which will permit an
orderly transition from Federal domination of programs for and
services to Indians to effective and meaningful participation by the
Indian people in the planning, conduct, and administration of those
programs and services.
(c) The Congress declares that a major national goal of the United
States is to provide the quantity and quality of educational services
and opportunities which will permit Indian children to compete and
excel in the life areas of their choice, and to achieve the measure of
self-determination essential to their social and economic well-being.

DEFINITIONS
SEC. 4. For the purposes of this Act, the term-
(a) "Indian" means a person who is a member of an Indian
tribe;




ether organized group or community, cludinAlaska
I nrany Aak
Nul ive villa? e or reiona or village corporation as defined in or
established pursuant to the Alaska Native Claims Settlement Act
(85 Stat. 688) which is recognized as eligible for the special pro-
(ilams and services provided by the United States to Indians
because of their status as Indians;
(c) "Tribal organization" means the recognized governing body
of any Indian tribe; any legally established organization of
Indians which is controlled, sanctioned, or chartered by such
governing body or which is democratically elected by the adult
members of the Indian community to be served by suCh organiza-
tion and which includes the maximum participation of Indians in
all phases of its activities: Provided, That in any case where a
contract is let or grant made to an organization to perform services
benehittimnr more than one Indian tribe, the approval of each such
Indian tribe shall be a prerequisite to the letting or making of
such contract or grant;
(d) "Secretary", unless otherwise designated, means the Secre-
tarv of the Interior;
(f) "State education agency" means the State board of educa-
tion or other agency or officer primarily responsible for supervi-
sion by the State of public elementary and secondary schools, or,
if there is no such officer or agency, an officer or agency designated
by the Governor or by State law.

REPORTING AND AUDIT REQUIREMENTS
SEc. 5. (a) Each recipient of Federal financial assistance from the
Secretary of Interior or the Secretary of Health, Education, and
Welfare, under this Act, shall keep such records as the appropriate
Secretary shall prescribe, including records which fully disclose the
amount and disposition by such recipient of the proceeds of such
assistance, the cost of the project or undertaking in connection with
which such assistance is given or used, the amount of that portion of
the cost of the project or undertking supplied by other sources, and
such other records as will facilitate an effective audit.
(b) The Comptroller General and the appropriate Secretary, or
8ny of their duly authorized representatives, shall, until the expira-
tion of three years after completion of the project or undertaking
referred to in the preceding subsection of this section, have access (for
the purpose of audit and examination) to any books, documents,
papers, and records of such recipients which in the opinion of the
Comptroller General or the appropriate Secretary may be related or
pertinent to the grants, contracts, subcontracts, subgrants, or other
arrangements referred to in the preceding subsection.
(c) Each recipient of Federal financial assistance referred to in
subsection (a) of this section shall make such reports and information
available to the Indian people served or represented by such recipient
as and in a manner determined to be adequate by the appropriate
Secretary.
(d) Any funds paid io a financial assistance recipient referred to
in subsection (a) of this section and not expended or used for the


~I)
fli,
Si.
Ii




Lrates.
PENALTIES
SEC. 6. Whoever, being an officer, director, agent, or employee of,
or connected in any capacity with, any recipient of a contract, sub-
contract, grant, or subgrant pursuant to this Act or the Act of
April 16, 1934 (48 Stat. 596), as amended, embezzles, willfully mis-
applies, steals, or obtains by fraud any of the money, funds, assets, or
property which are the subject of such a grant, sub-rant. contract. or
subcontract, shall be fined not more than $10,000 or imprisoned for
not more than two years, or both, but if the amount so embezzled,
misapplied, stolen, or obtained by fraud does not exceed $100, lie shall
be fined not more than $1,000 or imprisoned not more than one year,
or both.
WAGE AND LABOR STANDARDS
SEC. 7. (a) All laborers and mechanics employed by contractors or
subcontractors in the construction, alteration, or repair, including
painting or decorating of buildings or other facilities in connection
with contracts or grants entered into pursuant to this Act, shall be
paid wages at not less than those prevailing on similar construction
in the locality, as determined by the Secretary of Labor in accordance
with the Davis-Bacon Act of March 3, 1931 (46 Stat. 1494), as
amended. With respect to construction. alteration, or repair work to
which the Act of March 3, 1921 is applicable under the terms of this
section, the Secretary of Labor shall have the authority and functions
set forth in Reorganization P ian Numbered 14 of 1950 (15 F.R. 3176;
64 Stat. 1267) and section 2 of the Act of June 13, 1934 (48 Stat. 948,
40 U.S.C. 276c).
(b) Any contract, subcontract, grant, or subgrant pursuant to this
Act, the Act of April 16, 1934 (48 Stat. 596), as amended, or any other
Act authorizing Federal contracts with or grants to Indian organiza-
tions or for the benefit of Indians, shall require that to the greatest
extent feasible-
(1) preferences and opportunities for training and employ-
ment in connection with the administration of such contracts or
grants shall be given to Indians; and
(2) preference in the award of subcontracts and subgrants in
connection with the administration of such contracts of grants
shall be given to Indian organizations and to Indian-owned eco-
nomic enterprises as defined in section 3 of the Indian Financing
Act of 1974 (88 Stat. 77).

CARRYOVER OF FUNDS
SEC. 8. The provisions of any other laws to the contrary notwith-
standing. any funds appropriated pursuant to the Act of November 2,
1921 (42 Stat. 208), for any fiscal year which are not obligated and
expended prior to the beginning of the fiscal year succeeding the fiscal
year for which such funds were appropriated shall remain available
for obligation and expenditure during such succeeding fiscal year.




I ITLE 1-INDIAN ZELF-1 ETERMINATION ACT


SEC. 101. This title may be cited as the "Indian Self-Ietermination
Act
CONTRACTS BY TIE SECRETARY OF TIE INTERIOR
SEC. 102. (a) The Secretary of the Interior is directed, upon the
request of any Indian tribe, to enter into a contract or contracts with
any tribal organization of any such Indian tribe to plan, conduct, and
administer programs, or portions thereof, provided for in the Act
of April 16, 1934 (48 Stat. 596), as amended by this Act, any other
program or portion thereof which the Secretary of the Interior is
authorized to administer for the benefit of Indians under the Act
of November 2, 1921 (42 Stat. 208), and any Act subsequent thereto:
l'rocded, howcr,'ev,, That the Secretary may initially decline to enter
into any contract requested by an Indian tribe if he finds that: (1)
the service to be rendered to the Indian beneficiaries of the particular
program or function to be contracted will not be satisfactory; (2)
adequate protection of trust resources is not assured, or (3) the pro-
posed project or function to be contracted for cannot be properly com-
pleted or maintained by the proposed c contract: Provided further,
That in arriving at his finding, the Secretary shall consider whether
the tribe or tribal organization would be deficient in performance
under the contract with respect to (A) equipment, (B) bookkeeping
and accounting procedures, (C) substantive knowledge of the pro-
gram to be contracted for, (D) community support for the contract,
(E) adequately trained personnel, or (F) other necessary components
of contract performance.
(b) Whenever the Secretary declines to enter into a contract or con-
tracts pursuant to subsection (a) of this section, he shall (1) state his
objections in writing to the tribe within sixty days, (2) provide to the
extent practicable assistance to the tribe or tribal organization to over-
come his stated objections, and (3) provide the tribe with a hearing,
under such rules and regulations as he may promulgate, and the oppor-
tunity for appeal on the objections raised.
(c) The Secretary is authorized to require any tribe requesting that
he enter into a contract pursuant to the provisions of this title to obtain
adequate liability insurance: Provided, however, That each such policy
of insurance shall contain a provision that the insurance carrier shall
waive any right it may have to raise as a defense the tribe's sovereign
immunity from suit, but that such waiver shall extend only to claims
the amount and nature of which are within the coverage and limits of
the policy and shall not authorize or empower such insurance carrier
to waive or otherwise limit the tribe's sovereign immunity outside or
beyond the coverage and limits of the policy of insurance.

CONTRACTS BY TIE SECRETARY OF HEALTH, EDUCATION, AND WELFARE
SEC. 103. (a) The Secretary of Health, Education, and Welfare is
directed, upon the request of any Indian tribe, to enter into a contract
or contracts with any tribal organization of any such Indian tribe to
carry out any or all of the functions, authorities, and responsibilities
under the Act of August 5, 1954 (68 Stat. 674), as amended: Provided,
however, That the Secretary may initially decline to enter into any


p
b




contract requested by an Indian tribe if he finds that (1) the service
to be rendered to the Indian beneficiaries of the particular program
or function to be contracted for will not be satisfactory; (2) adequate
protection of trust resources is not assured; or (3) the proposed project
or function to be contracted for cannot be properly completed or main-
tained by the proposed contract: IProvided further, That the Secretary
of Health, Education, and Welfare, in arriving at his finding, shall
consider whether the tribe or tribal organization would be deficient in
performance under the contract with respect to (A) equipment, (B)
bookkeeping and accounting procedures, (C) substantive knowledge
of the program to be contracted for, (D) community support for the
contract, (E) adequately trained personnel, or (F) other necessary
components of contract performance.
(b) Whenever the Secretary of Health, Education, and Welfare
declines to enter into a contract or contracts pursuant to subsection (a)
of this section, he shall (1) state his objections in writing to the tribe
within sixty days; (2) provide, to the extent practicable, assistance
to the tribe or tribal organization to overcome his stated objections;
and (3) provide the tribe with a hearing, under such rules and regula-
tions as he shall promulgate, and the opportunity for appeal on the
objections raised.
(c) The Secretary of Health, Education, and Welfare is authorized
to require any tribe requesting that he enter into a contract pursuant
to the provisions of this title to obtain adequate liability insurance:
Provided, however, That each such policy of insurance shall contain
a provision that the insurance carrier shall waive any right it may
have to raise as a, defense the tribe's sovereign immunity from suit,
but that such waiver shall extend only to claims the amount and
nature of which are within the coverage and limits of the policy and
shall not authorize or empower such insurance carrier to waive or
otherwise limit the tribe's sovereign immunity outside or beyond the
coverage and limits of the policy of insurance.

GRANTS TO INDIAN TRIBAL ORGANIZATIONS
SEC. 104. (a) The Secretary of the Interior is authorized, upon the
request of any Indan tribe (from funds appropriated for the benefit
of Indians pursuant to the Act of November 2, 1921 (42 Stat. 208),
and any Act subsequent thereto) to contract with or make a grant or
grants to any tribal organization for-
(1) the strengthening or improvement of tribal government
(including, but not limited to, the development, improvement,
and administration of planning, financial management, or merit
personnel systems; the improvement of tribally funded programs
or activities; or the development, construction, improvement,
maintenance, preservation, or operation of tribal facilities or
resources) ;
(2) the planning, training, evaluation of other activities
designed to improve the capacity of a tribal organization to
enter into a contract or contracts pursuant to section 102 of this
Act and the additional costs associated with the initial years of
operation under such a contract or contracts;




(3) the acquisition of land in connection with items (1) and
(2) above: Procided, That in the case of land within reserva-
tion b un(laries or which adjoins on at least two sides lands held
in trust by the United States for the tribe or for individual
Indliansthe Secretary of Interior may (upon request of the
tribe) acquire such land in trust for the tribe; or
(4) the planning, designing, monitoring, and evaluating of
Federal prograins serving the tribe.
(b) The Secretary of Health, Education, and Welfare may, in
accordance with regulations adopted pursuant to section 107 of this
Act, make grants to any Indian tribe or tribal organization for-
(1) the development, construction, operation, provision, or
maintenance of adequate health facilities or services including
the training of personnel for such work, from funds appropriated
to the Indian Health Service for Indian health services or Indian
health facilities; or
(2) planning, training, evaluation or other activities designed
to improve the capacity of a- tribal organization to enter into a
contract or contracts pursuant to section 103 of this Act.
(C) The provisions of any other Act notwithstanding, any funds
rnade available to a tribal oranization under grants pursuant to this
section maV be used as matching shares for anv other Federal grant
programs which contribute to the purposes for which grants under
this section are made.
PERSONNEL
SEC. 105. (a) Section 3371 (2) of chapter 33 of title 5, United States
Code. is amended (1) by deleting the word "and" immediately after
the semicolon in clause (A) ; (2) by deleting the period at the end of
clausQe (B) and inserting in lieu thereof a semicolon and the word
'"and,": and (3) by adding at the end thereof the following new clause:
"(C) any Indian tribe, band, nation, or other organized group
or 0onrMun7.tv, including any Alaska Native villa-e as defined in
the Ahska 'Native Claims ettlement Act (85 Stat. 688), which
is rec, nized as elicrible for the special programs and services
provided by the United States to Indians because of their status
as Indians and includes any tribal organizations as defined in see-
tion 4(c) of the Indian Self-Determination and Education
Assistance Act."
(b) The Act of August 5, 1954 (68 Stat. 674), as amended, is fur-
ther amended by adding a new section 8 after section 7 of the Act,
as follows:
"S- .8. In accordance with subsection (d) of section 214 of the
Public Health Service Act (58 Stat. 690), as amended, upon the request
of any Indian tribe, band, group, or community, commissioned officers
of the Service may be assigned by the Secretary for the purpose. of
assisting such Indian tribe, group, band, or community in carrying
out the provisions of contracts with, or grants to, tribal organizations
pursuant to section 102, 103, or 104 of the Indian Self-Determination
and Education Assistance Act".
(c) Paragraph (2) of subsection (a) of section 6 of the Military
Selective Service Act of 1967 (81 Stat. 100), as amended, is amended by
inserting after the words "Environmental Science Services Adminis-




tration" the words "or who are assigned to assist Indian tribes, groups,
bands, or communities pursuant to the Act of August 3, 195 (68 Stat.
674), as amended".
(d) Section 502 of the Intergovernmental Personnel Act of 1970 (8 1
Stat. 1909, 192) is amended-
(1) by deleting the word "and" after paragraph (3);
(2) by deleting the period after paragraph (4) and inserting ii
lieu thereof a semicolon and the word "and"; and
(3) by adding at the end thereof the following new paragraph :
"(5) Notwithstanding the population requirements of section
203(a) and 303 (c) of this Act, a 'local government' and a 'gen-
eral local government' also mean the recognized governing body
of an Indian tribe, band, pueblo, or other organized group or coni-
imunity, including any Alaska Native village, as defined in the
Alaska Native Claims Settlement Act (85 Stat. 688), which per-
forms substantial governmental functions. The requirements of
sections 203 (c) and 303(d) of this Act, relating to reviews by thlci
Governor of a State, do not apply to grant applications from the,
governing body of an Indian tribe, although nothing in this Act
is intended to discourage or prohibit voluntary communication
and cooperation between Indian tribes and State and local
governments."
(e) Notwithstanding any other law, executive order, or administra-
tive regulation, an employee serving under an appointment not limited
to one year or less who leaves Federal employment to be employed by
a tribal organization on or before December 31, 1985, in connection-
with governmental or other activities which are or have been per-
formed by employees in or for Indian communities is entitled, if the
employee and the tribal organizations so elect, to the following:
(1) To retain coverage, rights, and benefits under subchapter I
of chapter 81 ("Compensation for Work Injuries") of title 5,
United States Code, and for this purpose his employment with,
the tribal organization shall b.e deemed employment by the U nited(
States. However, if an injured employee, or his dependents in
ease of his death, receives from the tribal organization any pay-
ment (including an allowance, gratuity, payment under an insur-
ance policy for which the premium is wholly paid by the tribal
organization, or other benefit of any kind) on account of the same
injury or death, the anount of that payment shall be credited
against any benefit payable under subchapter I of chapter 81 of
title 5, United States Code, as follows:
(A) payments on account of injury or disability shall bc-
credited against disability compensation payable to the in-
jured elpioyee; aInd
(B) payments on account of death shall be credited against
death compensation payable to dependents of the deceasedJ
employee.
(2) To retain coverage, rights, and benefits under chapter 8:
("Retirement") of title 5, United States Code, if necessary
employee deductions and agency contrilutions in payment f(or
coverage, rights, and benefits for the period of employment with
the tribal organization are currently deposited in the Civil Ser ice
Retirement and Disability Fund (section 8348 of title 5, United




:tates _)ode); and the period during which coverage, rights, and
benefits are retained under this paragraph is deemed creditable
service under section 8332 of title 5, United States Code. Days of
unuSd sick leave to the credit of an employee under a formal
leave system at the time the employee leaves Federal employment
to be employed by a tribal organization remain to his credit for
retirement purposes during covered service with the tribal
organization.
(3) To retain coverage, rights, and benefits under chapter 89
("Ilealth Insurance") of title 5, United States Code, if necessary
ernl)loyee deductions and agency contributions in payment for
the coverage, rights, and benefits for the period of employment
with the tribal organization are currently deposited in the Em-
ployee's Health Benefit Fund (section 8909 of title 5, United
States Code) ; and the period during which coverage, rights, and
benefits are retained under this paragraph is deemed service as
an employee under chapter 89 of title 5, United States Code.
(4) To retain coverage, rights, and benefits under chapter 87
("Life Insurance") of title 5, United States Code, if necessary
employee deductions and agency contributions in payment for
the coverage, rights, and benefits for the period of employment
with the tribal organizations are currently deposited in the
Employee's Life Insurance Fund (section 8714 of title 5, United
States Code) ; and the period during which coverage, rights, and
benefits are retained under this paragraph is deemed service as
an employee under chapter 87 of title 5, United States Code.
(f) During the period an employee is entitled to the coverage,
rights, and benefits pursuant to the preceding subsection, the tribal
organization employing such employee shall deposit currently in the
appropriate funds the employee deductions and agency contributions
required by paragraphs (2), (3), and (4) of such preceding subsection.
(g) An employee who is employed by a tribal organization under
subsection (e) of this section and such tribal organization shall make
the election to retain the coverages, rights, and benefits in paragraphs
(1). (2), (3), and (4) of such subsection (e) before the date of his
employment by a tribal organization. An employee who is employed
by a tribal organization under ,ubsection (e) of this section shall con-
t inue to be entitled to the benefits of such subsection if he is employed
by another tribal organization to perform service in activities of the
tvpe described in such subsection.
(h) For the purposes of subsection (e), (f), and (g) of this sec-
tion. the term "employee" means an employee as defined in section
2105 of titlP 5, United States Code.
(Wl The President may prescribe regulations necessary to carry out
fhe provisions of subsections (e). (f), (g), and (h) of this section
pnd to protect and assure the compensation, retirement, insurance,
leave. reemployment rights, and stich other similar civil service em-
plovment ri rhts as he finds appropriate.
(i Anvthing in sections 205 and 207 of title 18. United States Code
to the contrary not withstandinc. officers and employees of the United
States assicrned to an Indian tribe as authorized under section 3372
of title 5. United States Code. or section 2072 of the Revised Statutes
(25 U.S.C. 48) and former officers and employees of the United States
employed by Indian tribes may act as agents or attorneys for or appear




-any department, agency, court, or commission, including any matter
in which the United States is a party or has a direct and substantial
interest: Provided, That each such officer or employee or former officer
or employee must advise in writing the head of the department, agency,
court, or commission with which he is dealing or appearing on behalf
of the tribe of any personal and substantial involvement lie may have
had as an officer or employee of the United States in connection with
the matter involved.
ADMINISTRATIVE PROVISIONS
SEc. 106. (a) Contracts with tribal organizations pursuant to sec-
tions 102 and 103 of this Act shall be in accordance with all Federal
contracting laws and regulations except that, in the discretion of the
appropriate Secretary, such contracts may be negotiated without
advertising and need not conform with the provisions of the Act of
August 24, 1935 (49 Stat. 793), as amended: Provided, That the appro-
priate Secretary may waive any provisions of such contracting laws
or regulations which he determines are not appropriate for the pur-
poses of the contract involved or inconsistent with the provisions of
this Act.
(b) Payments of any grants or under any contracts pursuant to
section 102, 103, or 104 of this Act may be made in advance or by way
of reimbursement and in such installments and on such conditions as
the appropriate Secretary deems necessary to carry out the purposes
of this title. The transfer of funds shall be scheduled consistent with
program requirements and applicable Treasury regulations, so as to
minimize the time elapsing between the transfer of such funds from
the United States Treasury and the disbursement thereof by the tribal
organization, whether such disbursement occurs prior to or subsequent
to such transfer of funds. Tribal organizations shall not be held
accountable for interest earned on such funds, pending their disburse-
ment by such organization.
(c) Any contract requested by a tribe pursuant to sections 102 and
103 of this Act shall be for a term not to exceed one year unless the
appropriate Secretary determines that a longer term would be advis-
able: Provided, That such term may not exceed three years and shall
be subject to the availability of appropriations: Provided further,
That the amounts of such contracts may be renegotiated annually to
reflect factors, including but not limited to cost increases beyond the
control of a tribal organization.
(d) Notwithstanding any provision of law to the contrary, the
appropriate Secretary may at the request or consent of a tribal orga-
nization, revise or amend any contract or grant made by him pursuant
to section 102, 103. or 104 of this Act with such organization as neces-
sary to carry out the purposes of this title: Provided. however, That
whenever an Indian tribe requests retrocession of the appropriate
Secretary for any contract entered into pursuant to this Act, such
retrocession shall become effective upon a date specified by the appro-
priate Secretary not more than one hundred and twenty days from the
date of the request by the tribe or at such later date as may be mu-
tually agreed to by the appropriate Secretary and the tribe. v
(e) In connection with any contract or grant made pursuant to sec-
tion 102, 103, or 104 of this Act, the appropriate Secretary may per-




grant, existing sciooI Dillilngs, nospials, ana orner iaciiles anu uui
e jui pment therein or appert ailing thereto and other personal prop-
ertv owned by the Government within his jurisdiction under such
terms and conditions as may be agreed upon for their use and
m a in t I 1an1ce.
(f) The contracts authorized under svctions 102 and 103 of this Act
and grants pursuant to section 104 of this Act may include provisions
for th1e performance of personal services which would otherwise be
peifoined Iy J edeial employees including, but in no way limited to,
functions such as determination of eligibility of applicants for assist-
nce. benefits, or services, and the extent or amount of such assistance,
bcneits. or services to be provided and the provisions of such assist-
ance, benefits. or services, all in accordance with the terms of the con-
tract or :rant and applicable rules and regulations of the appropriate
Secretary: Pro 'ided, That the Secretary shall not make any contract
which would impair his ability to discharge his trust responsibilities
to any Indian tribe or individuals.
(g) Contracts and grants with tribal organizations pursuant to sec-
tions 102 103, and and 104 of this Act and the rules and regulations
adopted by the Secretaries of the Interior and Health, Education,
and Welfare pursuant to section 107 of this Act shall include pro-
visions to assure the fair and uniform provision by such tribal orga-
nizations of the services and assistance they provide to Indians under
such contracts and grants.
(h) The amount of funds provided under the terms of contracts
entered into pursuant to sections 102 and 103 shall not be less than the
appropriate Secretary would have otherwise provided for his direct
operation of the programs or portions thereof for the period covered
by the contract: Provided, That any savings in operation under such
contracts shall be utilized to provide additional services or benefits
under the contract.
PROMULGATION OF RULES AND REGULATIONS
SEc. 107. (a) The Secretaries of the Interior and of Health, Educa-
tion, and Welfare are each, authorized to perform any and all acts
and to make such rules and regulations as may be necessary and proper
for the purposes of carrying out the provisions of this title.
(b) (1) Within six months from the date of enactment of this Act,
the Secretary of the Interior and the Secretary of Health, Education,
and Welfare shall each to the extent practicable, consult with national
and regional Indian organizations to consider and formulate appro-
priate rules and regulations to implement the provisions of this title.
(2) Within seven months from the date of enactment of this Act,
the Secretary of the Interior and the Secretary of Health, Education,
and Welfare shall each present the proposed rules and regulations to
the Committees on Interior and Insular Affairs of the United States
Senate and House of Representatives.
(3) Within eight months from the date of enactment of this Act,
the Secretary of the Interior and the Secretary of Health, Educa-
tion, and Welfare shall publish proposed rules and regulations in




kVXJ VV L U1 IUI I It I i11 ,5 I It 11 Ull UL Z k. i V I U 1 it UU 11IC I Itl )1 1111 f [ I I
the Secretary of the Interior and the Secretary of ]Ieaitli, EducatiorI,
and Welfare shall promulgate rules and regulations to implement
the provisions of this title.
(c) The Secretary of the Interior and thle Sc('re-tar of I[ealth,
Education, and "VWelfare are authorized to revise and amend any riilc.
or regulations promulgated pursuant to tIiis section: 1'roiidcd, That
prior to any revision or amendment to such1 rules or regulatioils, the,
respective Secretary or Secretarlie shall icslt te)()J)OS,' d revision
or amendnient to the Conlmittees o1 ImP eril') aM d 1115s11 h, Atiidrs of
the United States Senate and House of iepviesentatives and sic .l, to
the extent practicable, consult with appropi'i-atc, national or regional
Indian organizations and shall pu!iblis, any propso:ed revisitons in the
Federal Register not less than sixty (lays prior to the effective date
of such rules and regulations in order to provide adequate notice to,
and receive comments from, other interested parties.

REPORTS

SEc. 108. For each fiscal year during which an Indian tribal organi-
zation receives or expends funds pursuant to a contract or grant under
this title, the Indian tribe which requested such contract or grant shall
submit to the appropriate Secretary a report including, but not limited
to, an accounting of the amounts and purposes for which Federal
funds were expended, information on the conduct of the program or
service involved, and such other information as the appropriate Secre-
tary may request.
REASSUMPTION OF PROGRAMS
SEc. 109. Each contract or grant agreement entered into pursuant to
sections 102, 103, and 104 of this Act shall provide that in any case
where the appropriate Secretary determines that the tribal organiza-
tion's performance under such contract or grant agreement involves
(1) the violation of the rights or endangerment of the health, safety,
or welfare of any persons; or (2) gross negligence or mismanagement
in the handling or use of funds provided to the tribal organization
pursuant to such contract or grant agreement, such Secretarv may,
under regulations prescribed by him and after providip.z notice and
hearing to such tribal organization, rescind such contract or grant
agreement and assume or resume control or operation of the program,
activity, or service involved if he determines that the tribal orgaiza-
tion has not taken corrective action, as describedd by him: Provided,
That the appropriate Secretary may, upon notice to a tribal organiza-
tion, immediately rescind a contract or grrant and resume control or
operation of a program, activity, or service if he finds that there is an
immediate threat to safety and, in such cases, he shall hold a hearing on
such action within ten days theieof. Such Secretarv may decline to
enter into a new contract or grant agreement and retain control of such
program, activity, or service until such time as he is satisfied that the
violations of rights or endangerment of health, safety, or welfare
which necessitated the rescission has been corrected. Nothing in this




~11WILIL _1CL VI Ii7EV kOtt JLZLU. leo oJ 1 ab IIH.lIkuC u.A UJ
EFFECT ON EXISTING RIGHTS
St:c. 110. Nothing in this Act shall be construed as--
(1) affecting, modifying, diminishing, or otherwise impairing
the sovereign immunity from suit enjoyed by an Indian tribe; or
(2) authorizing or requiring the termination of any existing
trust responsibility of the United States with respect to the Indian
people.
TImE II-TIlE INDIAN EDUCATION ASSISTANCE ACT
Sic. 201. This title may be cited as the "Indian Education Assistance
Act".
PART A-EDUCATION OF INDIANS IN PUBLIC SCHOOLS
SEc. 202..
*
(Note.-Sec. 202 was an amendment to the Johnson-O'Malley Act, Public Law
167, 73rd Congress, as amended. See p. 55, for the text of this Act)
*

SEc. 203. After conferring with persons competent in the field of
Indian education, the Secretary, in consultation with the Secretary
of Health, Education, and Welfare, shall prepare and submit to the
Committees on Interior and Insular Affairs of the United States Senate
and House of Representatives not later than October 1, 1975, a report
which shall include:
(1) a comprehensive analysis of the Act of April 16, 1934 (48
Stat. 596), as amended, including-
(A) factors determining the allocation of funds for the
special or supplemental educational programs of Indian
students and current operating expenditures;
(B) the relationship of the Act of April 16, 1934 (48 Stat.
596), as amended, t.o-
(i) title I of the Act of September 30, 1950 (64 Stat.
1100), as amended; and
(ii) the Act of April 11, 1965 (79 Stat. 27), as
amended; and
(iii) title IV of the Act of June 23, 1972 (86 Stat.
235) ;and
(iv) the Act of September 23, 1950 (72 Stat. 548), as
amended.
(2) a specific program to meet the special educational needs of
Indian children who attend public schools. Such program shall
include, but need not be limited to, the following:
(A) a plan for the equitable distribution of funds to meet
the special or supplemental educational needs of Indian chil-
dren and, where necessary, to provide general operating ex-
penditures to schools and school districts educating Indian
children; and




gram prepared pursuanT uo cause kz) ; ani
(4) a specific program, together with detailed legislative rec-
ommendations, to assist the development and administration of
Indian-controlled community colleges.

PART B-ScHOOL CONSTRUCTION
SEc. 204. (a) The Secretary is authorized to enter into a contract or
contracts with any State education agency or school district for the
purpose of assisting such agency or district in the acquisition of sites
for, or the construction, acquisition, or renovation of facilities (includ-
ing all necessary equipment) in school districts on or adjacent to or in
close proximity to any Indian reservation or other lands held in trust
by the United States for Indians, if such facilities are necessary for
the education of Indians residing on any such reservation or lands.
(b) The Secretary may expend not less than 75 per centum of such
funds as are authorized and appropriated pursuant to this part B on
those projects which meet the eligibility requirements under subsec-
tions (a) and (b) of section 14 of the Act of September 23, 1950
(72 Stat. 548), as amended. Such funds shall be allocated on the basis
of existing funding priorities, if any, established by the United States
Commissioner of Education under subsections (a) and (b) of section
14 of the Act of September 23, 1950, as amended. The United States
Commissioner of Education is directed to submit to the Secretary,
at the beginning of each fiscal year, commencing with the first full
fiscal year after the date of enactment of this Act, a list of those proj-
ects eligible for funding under subsection (a) and (b) of section 14
of the Act of September 23, 1950, as amended.
(c) The Secretary may expend not more than 25 per centum of
such funds as may be authorized and appropriated pursuant to this
pait B on any school eligible to receive funds under section 120S of
this Act.
(d) Any contract entered into by the Secretary pursuant to this sec-
tion shall contain provisions requiring the relevant State educational
agency to-
(1) provide Indian students attending any such facilities con-
structed, acquired, or renovated, in whole or in part, from funds
made available pursuant to this section with standards of educa-
tion not less than those provided non-Indian students in the school
district in which the facilities are situated; and
(2) meet, with respect to such facilities, the requirements of
the State and local building codes, and other building standards
set by the State educational agency or school district for other
public school facilities under its jurisdiction or control or by- the
local government in the jurisdiction within which the facilities
are sitiiated.
(e) The Secretary shall consult with the entity designated pursuant
'to section 5 of the Act of April 16, 1934 (48 Stat. 596), as amended by
'this Act, and with the governing body of any Indian tribe or tribes
the educational opportunity for the members of which will be signifi-
cantly affected by any contract entered into pursuant to this section.




.-.%4%& 1-' A"~ I J_ 1 11 %111 1 1 L IALL ".ji:U11 II U L- LO LI11U
entering into of any, such contract. Tle foregoing provisions of this
subsection shall not be applicable where the application for a contract
pursuant to this section is submitted by an elected school board of
which a majority of its members are Indians.
fl Vithin ninety days following the expiration of the three year
period following the date of the enactment of this Act, the Secreiary
shall evaluate the effectiveness of the program pursuant to this section
and transmit a re)ort of such evaluation to the Congress. Such report
shall include-
(1) an analysis of construction costs and the impact on such
costs of the provisions of subsection (f) of this section and the
Act of March 3, 1921 (46 Stat. 1491), as amended;
(2) a description of the working relationship between the
Department of the Interior and the Department of Health. Edu-
cation, and Welfare, including any memorandum of understand-
ing in connection with the acquisition of data pursuant to sub-
section (b) of this section;
(3) projections of the Secretary of future construction needs
of the public schools serving Indian children residing on or adja-
cent to Indian reservations;
(4) a description of the working relationship of the Department
of the Interior with local or State educational agencies in connec-
tion with the contracting for construction, acquisition, or renova-
tion of school facilities pursuant to this section; and
(5) the recommendations of the Secretary with respect to the
transfer of the responsibility for administering subsections (a)
and (b) of section 14 of the Act of September 23, 1950 (72 Stat.
548), as amended, from the Department of Health, Education,
and Welfare to the Department of the Interior.
(g) For the purpose of carrying out the provisions of this section,
there is authorized to be appropriated the sum of $35.000,000 for the
fiscal year ending June 30, 1974: $35,000,000 for each of the four
succeeding fiscal years: and thereafter, such sums as may be necessary,
all of such sums to remain available until expended.

PART C-GENERAL PROVISIONS
SEc. 205. No funds from any grant or contract pursuant to this title
shall be made available to any school district unless the Secretary is
satisfied that the quality and standard of education, including facili-
ties and auxiliary services, for Indian students enrolled in the schools
of such district are at least equal to that provided all other students
from resources, other than resources provided in this title, available
to the local school district.
Sve. 206. No funds from any contract or grant pursuant to this
title shall be made available by any Federal agency directly to other
than public agencies and Indian tribes, institutions, and organizations:
Prorn'kl. That school districts. State education agencies, and Indian
tril,)s, institutions, and organizations assisted by this title may use
f1%n(o1 provided herein to contract for necessary services with any
appropriate individual, organization, or corporation.


I




nia tion a l a n d re na .. .. ...' % v -,-," "N ,/L/& ('A' "-it 1
e, Ional ldiani organizations with experiences in Indian
education to consider and formulate appropriate rules and regulauolls
to implement the provisions of this title.
(2) Within seven months froin the date of enactment of this Atl
the Secretary shall present the proposed rules and regulations to lie
Committees on Interior and Insular Affairs of the United States
Senate and Iouse of Representatives.
(8) Within eight niomiths from the date of enactment of this Aet, the
Secretary sliall p utlI isl i)rwopose I h es and regulations ill tlie Ide ratI
R'egisi er for the pulrose of recei vilig comments from int erste(d part Wis.
(4) Withiin ten iiioniths froiii the (ate of enactmient of this Act, the
,,. ,oary shItall promulgate, rules and regulations to implement the
provisions of this title.
(b) The Secretary is authorized to revise and amend any rules or
regulations promlulgated pursuant to subsection (a) of this section:
P/'0"'id ,d, Thnit prior to any revision or amendment to such rules or
regulations the Secretary shall, to the extent practicable, consult with
al)propriate national and regional Indian organizations, and shall
publish any proposed revisions in the Federal Register not less than
sixty days prior to the effective (late of such rules and regulations in
order to provide adequate notice to, and receive comments from, other
interested parties.
SEc. 208. The Secretary is authorized and directed to provide funds,
pursuant to this Act: the Act of April 16, 1934 (48 Stat. 596). as
amended: or any other authority granted to him to any tribe or tribal
organization which controls and manages any previously private
school. The Secretary shall transmit annually to the Committees on
Interior and Insular Affairs of the United States Senate and House
of Representatives a report on the educational assistance program
conducted pursuant to this section.
SEc. 209. The assistance provided in this Act for the education of
Tmlians in the public seliools of any State is in addition and supnle-
mental to assistance provided under title IV of the Act of June 23, 1972
( 6 Stat. 235).
Enacted Jan. 4, 1975, P.L. 93-638. 88 Stat. 2217.
REORGANIZATION PLAN NO. 3 OF 19501
Prepared by the President and transmitted to the Senate and the House of Repre-
sentatives in Congress assembled, March 13. 1950. pursuant to the provisions
of the Reorganization Act of 1949, approved June 20, 1949
DEPARTMrENT OF TilE INTERIOR
SECTTON 1. Treansfer of functions to the Secretary.- (a) Except as
otherwise provided in subsection (b) of this section, there are hereby
transferred to the Secretary of the Interior all functions of all other
officers of the Department of the Interior and all functions of all
agencies and employees of such Department.
The Reorganization Plan No. 3 of 1950 transfers to the Secretary of the Interior all
duties and authorities of the commissoner of Indian Affairs.




( t) 1 IllS sectiOl suat IOL a)pV 10 tile lUTIcloUlS Ve U ItV Ltt- tVA-
ministrative Procedure Act (60 Stat. 237) in hearing examiners em-
ployed by the Department of the Interior, nor to the functions of the
Virin Islands Corporation or of its board of directors or officers.
SrI. 2. reara e of functi-on of Secr-etary.- The Secretary of
the Interior may from time to time make such provisions as he shall
deem appropriate authorizing the performance by any other officer,
or by any agency or employee, of the Department of the Interior of
any function of the Secretary, including any function transferred to
the Secretary by the provisions of this reorganization plan.
SEc. 3. Assistant Secreta?, of the Interior.-There shall be in
the Department of the Interior one additional Assistant Secretary
of the Interior, who shall be appointed by the President, by and with
the advice and consent of the Senate, who shall perform such duties
as the Secretary of the Interior shall prescribe, and who shall receive
compensation at the rate prescribed by law for Assistant Secretaries
of Executive departments.
SEC. 4. Administrative Assistant Secretary.-There shall be in the
Department of the Interior an Administrative Assistant Secretary of
the Interior, who shall be appointed, with the approval of the Presi-
dent, by the Secretary of the Interior under the classified civil serv-
ice, who shall perform such duties as the Secretary of the Interior shall
prescribe, and who shall receive compensation at the rate of $14,000
per annum.
SEC. 5. Incidental transfer&.-The Secretary of the Interior may
from time to time effect such transfers within the Department of the
Interior of any of the records, property, personnel, and unexpended
balances (available or to be made available) of appropriations, allo-
cations, and other funds of such Department as he may deem necessary
in order to carry out the provisions of this reorganization plan.
(Effective May 24, 1950.)


I






SUBrART B-SELECTED PRIMARY UNITED STATES CODE CITAIONs
CONCERNING EDUCATION

UNITED STATES CODE, TITLE 25-INDIANS

CIAPTER 2-OmCERS OF INDIAN AFFAIRS

47. Employment of Indian labor and purchase of products of
Indian industry.
So far as may be practicable Indian labor shall be employed, and
purchases of the products of Indian industry may be made in open
market in the discretion of the Secretary of the Interior. (Apr. 30, 1908,
ch. 153,35 Stat. 71; June 25, 1910, ch. 431, 23, 36 Stat. 861.)
TRANSFER OF FUNCTIONS
All functions of all other officers of the Department of the Interior and all
functions of all agencies and employees of the Department were, with two excep-
tions, transferred to the Secretary of the Interior, with power vested in him
to authorize their performance or the performance of any of his functions by
any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, 1,
2, eft. May 24, 1950, 15 F.R. 3174. 64 Stat. 1262, set out in the Appendix to Title
5, Government Organization and Employees.
CROSS REFERENCES
Standards for Indians appointed to Indian Office, see section 472 of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 564h, 697, 747, 797, 843 of this title.

48. Right of tribes to direct employment of persons engaged for
them.
Where any of the tribes are, in the opinion of the Secretary of the
Interior, competent to direct the employment of their blacksmiths,
mechanics, teachers, farmers, or other persons engaged for them, the
direction of such persons may be given to the proper authority of
the tribes. (R.S. 2072.)
DERIVATION
Act June 30, 1834, ch. 162, 9, 4 Stat. 737.


UNITED STATES CODE, TITLE 25-INDIANS

CHAPTER 4--PERFORMANCE BY UNITED STATES OF OBLIGATIONS
TO INDIANS


(75)




The Secretary of the Interior is authorized, whenever it can be done
advantageously, to purchase for use in the Indian Service, from In-
dian manual and training schools, in the manner customary among
individuals such articles as may be manufactured at such schools, and
which are used in the Indian Service. Accounts of such transactions
shall be kept in the Indian Bureau and in the training schools, and
reports thereof made from time to time. (May 11, 1880, ch. 85, 1, 21
Stat. 131.)
TRANSFER OF FUNCTIONS
All functions of all other officers of the Department of the Interior and all
functi,.ns of all agencies and employees of the Department were, with two
exceptions, transferred to the Secretary of the Interior, with power vested in
11m111 authrizt thcir performance or the performance of any of his functions by
any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, 1, 2,
eff. Maiy 24, 1950, 15 F.R. 3174, 64 Stat. 12G2, set out in the Appendix to Title 5,
Government Organization and Employees.
Effective Jan. 1, 1947, the name of the Procurement Division of the Treasury
Department was changed to the Bureau of Federal Supply by regulation 5.7 of
subpart A of Part 5 of Title 41, Public Contracts, 11 P.R. 13638, issued by the
Secretary of the Treasury under the authority of section 301 of Title 5, Govern-
ment Organization and Employees. The functions of Bureau of Federal Sup-
ply were transferred to the Administrator of General Services by section 102 of
act June 30, 1949. l. 2SS, title I, 63 Stat. 380. See section 752 of Title 40, Public
Buildings, Property, and Works.
The function of determination of policies and methods of procurement, ware-
housing, and distribution of property, facilities, structures, improvements, ma-
chinery, equipment, stores, and supplies exercised by any agency was trans-
ferred to a Procurement Division in the Treasury Department by Ex. Ord. No.
6166. June 10, 1933, set out in note to section 901 of Title 5, Government Organiza-
tion and Employees.

123. Expenditure from tribal funds without specific appropria-
tions.
No money shall be expended from Indian tribal funds without spe-
cific appropriation by Congress except as follows: Equalization of al-
lotments, education of Indian children in accordance with existing law,
per capita and other payments, all of which are continued in full
force and effect.: Proided, That this shall not change existing law
with reference to the Five Civilized Tribes. (May 18, 1916, ch. 125,
27,39 Stat. 158.)
CROSS REFERENCES
Insurance for protection of tribal property authorized to be paid for out of
tribal funds, see section 123a of this title.
Trust funds on deposit in Treasury, see section 725s of Title 31, Money and
Finance, and note thereto.

SECTION REFERRED TO IN OTHER SECTIONS
This section referred to in section 155 of this title.


UNITED STATES CODE, TITLE 25-INDIANS

CHAPTER 6-GOVERNMEINT OF I-NDIAN COUNTRY AND ]RESERVATIONS
*


I




Tie Secretary of the Interior, under such rules and regulation as
he inay prescribe, shall permit the agents and employees of any >: t
to enter upon Indian tribal lands, reservations, or allotments t' 1
(1) for the purpose of making inspection of health and educalional
conditions and enforcing sanitation and quarantine regulations 0] (2)
to enforce the penalties of State compulsory school attendance laws
against Indian children, and parents, or other persons in loco parentis
except that this subparagraph (2) shall not apply to Indians of any
tribe in which a duly constituted governing body exists until such 1r 1v
has adopted a resolution consenting to such application. (Feb. 15, 1929,
ch. 216, 45 Stat. 1185; Aug. 9, 1946, ch. 930, 60 Stat. 962.)

AMENDMENT S
1946-Act Aug. 9, 1943, permitted the proper State officers to invoKe the
penalties of State compulsory school attendance against Indian children, their
parents, or other persons in loco parentis.

UNITED STATES CODE, TITLE 23-INDIANS

CHAPTER 7-EDUCATION, OF INDIANS

278a. Use of appropriated funds for education in sectarian
schools prohibited; exceptions.
Funds appropriated on or after March 30, 1968, to the Secretary
of the Interior for the education of Indian children shall not be used
for the education of such children in elementary and secondary edu-
cation programs in sectarian schools. This prohibition shall not apply
to the education of Indians in accredited institutions of higher edu-
cation and in other accredited schools offering vocational and technical
training, but no scholarship aid provided for an Indian student shall
require him to attend an institution or school that is not of his o'n
free choice, and such aid shall be, to the extent consistent with old
administration, extended to the student individually rather than to
the institution or school. (Pub. L. 90-280, 2, Mar. 30, 1968, S2 Stat.
71.)

297. Expenditure for children with less than one-fourth Indian
blood.
No appropriation, except appropriations made pursuant to treaties.
shall be used to educate children of less than one-fourth Indian blood
whose parents are citizens of the 'United States and of the ;tate
wherein they live and where there. are adequate free school facilities
provided. (May 25, 1918, ch. 86, 1, 40 Stat. 564.)
EXCEPTION TO RESTRICTION
Interior Department Appropriation Act, 1923, act May 24, 1922. ch. 199. 42
Stat. 576, provided thtt the appropriation for aid to the common schools in the
Cherokee, Creek, Choctaw, Chickasaw, and Seminole Nations and the Quapaw




(f money to educate children of less than one-fourth Indian blood.


UNITED STATES CODE, TITLE 25-INDIANS
CiHATr-rn TA-PRom.OTION- OF SoCxL AND ECONOMIC WELFARE

307. Establishment of vocational school for children and hous-
ing and training center for adults; transfer of property;
supervision.
The Administrator of General Services is authorized and directed to
transfer to the Secretary of the Interior, without reimbursement or
transfer of funds for use by the Bureau of Indian Affairs as a voca-
tional srlool for Indian children and a center for housing and train-
ing adult Indians for off-reservation em ployment and placement, the
property known as the Bushnell GeneralHospital near Brigham City,
Box Elder County, Utah, comprising two hundred and ninety-eight
and five-tenths acres, more or less, together with roads, buildings, and
other betterments thereon. (Mar. 17, 1949, ch. 22, 1, 63 Stat. 14; June
30, 1949, ch. 288, title I, 105, 63 Stat. 381.)
TRANSFER OF FUNCTIONS
All functionq of all other officers of the Department of the Interior and all
functions of all agencies and employees of the Department were, with two
exceptions, transferred to the Secretary of the Interior, with power vested in
him to authorize their performance or the performance of any of his functions
by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to
Title 5, Government Organization and Employees.
The functions, records, property, etc., of the War Assets Administration were
transferred to the General Services Administration and the War Assets Admin-
istration was abolished by section 105 of act June 30, 1949, ch. 288, title I, 63
8tat. 379.
EFFECTIVE DATE OF TRANSFER OF FUNCTIONS
Transfer of functions by act June 30. 1949, effective July 1, 1949, see note
set out under section 471 of Title 40, Public Buildings Property, and Works.
308. Same; property taken over by Secretary of the Interior.
The Secretary of the Interior is authorized and directed to take
over the property as soon as Congress has appropriated the necessary
funds to provide for alterations, maintenance, and operation. (Mar. 17,
1949, ch. 22, 2,63 Stat. 14.)

UNITED STATES CODE, TITLE 25--INDIANS

CHAPTER 14-MIscELANEOUS

471. Vocational and trade schools; appropriation for tuition.
There is authorized to be appropriated, out of any funds in the
United States Treasury not otherwise appropriated, a sum not to ex-
ceed $250,000 annually, together with any unexpended balances of
previous appropriations made pursuant to this section, for loans to




s (tI Sm slShall [be available for loans to Indian students in ign schools
aq 1d leges. Such loans shall be reimbursable under rules established
I;v the Comissioner of Indian Affairs. (June 18, 1934, c:h. 576, 11,
Tl Stat. 986.)
TRANSFER OF FUNCTIONS
All functions of all other officers of the Department of the Interior and all
functions of all agencies and employees of the I)epartnent were, with two
exceptions. transferred to the Secretary of the Interior, with power vested in
him to authorize their performance or the performance of any of his functions
by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3.
1, 2, eff. May 24, 1950. 15 F.R. 3174, 64 Stat. 1262; set out in the Appendix
to Title 5, Government Organization and Employees.

CROSS REFERENCES
Right-of-way grant, consent of tribal officials, see section 324 of this title.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 70a, 443, 463, 464, 465, 467, 468, 469, 470a,
473, 474, 475, 475a, 478, 478a, 478b, 479, 480, 482, 483, 507, 704, 723, 725, 728, 758,
823 of this title.
472. Standards for Indians appointed to Indian Office.
The Secretary of the Interior is directed to establish standards of
health, age, character, experience, knowledge, and ability for Indians
who may be appointed, without regard to civil-service laws, to the
various positions maintained, now or hereafter, by the Indian Office,
in the administration of functions or services aecting any Indian
tribe. Such qualified Indians shall hereafter have the preference to
appointment to vacancies in any such positions. (,June 18, 1934, ch.
576, 12, 48 Stat. 986.)

REFERENCE IN TEXT
The civil-service laws, referred to in text, are classified generally to Title 5,
Government Organization and Employees.

TRANSFER OF FUNCTIONS
All functions of all other officers of the Department of the Interior and all
functions of all agencies and employees of the Department were, with two excep-
tions, transferred to the Secretary of the Interior, with power vested in him to
authorize their performance or the performance of any of his functions by any
of those officers, agencies, and employees, by 1930 Reorg. Plan No. 1, 2, eff.
May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Gov-
ernment Organization and Employees.

CROSS REFERENCES
Employment of Indians, see sections 44, 45, 46, 47 of this title.
Right-of-way grant, consent of tribal officials, see section 324 of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 70a, 443, 463, 464, 465, 467, 468, 469. 470a,
473, 474, 475, 475a, 478, 478a, 478b, 479, 480, 482, 483, 507, 704, 723, 725, 728, 75,
823 of this title.







7 U ,P IRT ,(U-ADDITIONAL L NITED ;7TATES .OUJg '1f1'1 iu:b k,UN rt2,
EDUCATION

UNITED STATES CODE, TITLE 25-INDIANS
CHAPTER 2-OFFICERS OF INDIAN AFFAIRS


33. Superintendents in charge of reservations; administration
of oath of office.
Superintendents and acting superintendents in charge of Indian
reservations, schools, irrigation and allotment projects are author-
ized and empowered to administer the oath of office required of em-
ployees placed under their jurisdiction. (June 30, 1913, ch. 4, 1, 38
Stat. S0.)
TRANSFER OF FUNCTIONS
All functions of all other officers of the Department of the Interior and all
functions of all agencies and employees of the Department were, with two excep-
tions, transferred to the Secretary of the Interior, with power vested in him to
authorize their performance or the performance of any of his functions by any of
those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, 1, 2, eff.
May 24, 1950, 15 P.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5,
Government Organization and Employees.
*
36. Special agents and other officers to administer oaths.
Each special agent, supervisor of schools, or other official charged
with the investigation of Indian agencies and schools, in the pursuit
of his official duties shall have power to administer oaths and to ex-
amnine on oath all officers and persons employed in the Indian Service,
and all such other persons as may be deemed necessary and proper.
(Mar. 1, 1899, ch. 324, 1, 30 Stat. 927.)
TRANSFER OF FUNCTIONS
All functions of all other officers of the Department of the Interior and all
functions of all agencies and employees of the Department were, with two excep-
tions, transferred to the Secretary of the Interior, with power vested in him
to authorize their performance or the performance of any of his functions by any
of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, 1, 2, eff.
May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5,
Government Organization and Employees.
*
66. Duties of agency devolved on superintendent of Indian
school.
The Commissioner of Indian Affairs, with the approval of the
Secretary of the Interior, may devolve the ditics of Indian a(cncy
or part thereof upon the siiperintendent of tie Indian school looited
at d1Oc1 arrency or part thereof withnever In his ju dmIeItsuch s une -r-
intel(lent can properly Wpe'o"riln t heai dut },s of such agency.
The pay of any superintendent w ho performm a5(r env citiess in :i(Mi-
tion to those of his snperintend(enov By v he i ireae I )v Ihe Cbenis-
!onr~l of Indian Affairs, in lhis d >;retijM, to ",I extelt not ox (w'n
,," annum. (As aneTidel June G. 19'72. Pii. L. 92-310. I itlo II.
S(d), 86 Stat. (08.)




AMENDMENTS


1972-Pub. L. 92-310 eliminated provisions which required the superintend-
ent of the Indian school to give a bond as other Indian agents.


UNITED STATES CODE, TITLE 25-INDIANS

CHAPTER 4-PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO
INDIANS
*

101. Payment for wagon transportation.
All wagon transportation from the point where delivery is made by
the last common carrier to the agency, school, or elsewhere, and be-
tween points on the reservation or elsewhere, shall be paid from the
funds appropriated or otherwise available for the support of the
school, agency, or other project for which the supplies to be trans-
ported are purchased. (June 30, 1913, ch. 4, 1, 38 Stat. 79.)

TRANSFER OF FUNCTIONS
Effective Jan. 1, 1947, the name of the Procurement Division of the Treasury
Department was changed to the Bureau of Federal Supply by regulation 5.7 of
subpart A of Part 5 of Title 41, Public Contracts, 11 F. R. 13638, issued by the
Secretary of the Treasury under the authority of section 301 of Title 5, Gov-
ernment Organization and Employees. The functions of Bureau of Federal
Supply were transferred to the Administrator of General Services by section
102 of act June 30, 1949, ch. 288, title I, 63 Stat. 380. See section 752 of Title 40,
Public Buildings, Property, and Works.
The function of determination of policies and methods of procurement, ware-
housing, and distribution of property, facilities, structures, improvements,
machinery, equipment, stores, and supplies exercised by any agency was trans-
ferred to a Procurement Division in the Treasury Department by Ex. Ord. No.
6166, June 10, 1933, set out in note to section 901 of Title 5, Government Orga-
nization and Employees.
102. Payment of costs for furnishing coal for Indian Service.
The cost of inspection, storage, transportation, and so forth, of coal
for the Indian Service sfiall be paid from the support fund of the
school or agency for which the coal is purchased. (Feb. 14, 1920, ch.
75, 1, 41 Stat. 412.)
TRANSFER OF FUNCTIONS
All functions of all other officers of the Department of the Interior and all
functions of all agencies and employees of the Department were, with two
exceptions, transferred to the Secretary of the Interior, with power vested in
him to authorize their performance or the performance of any of his functions
by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, 1, 2,
eff. May 24, 1950, 15 F.R. 3174, G4 Stat. 1262, set out in the Appendix to Title 5,
Government Organization and Employees.
The functions of the Archivist were transferred to the Administrator of
General Services by section 104(a) of act June 30, 1949, ch. 288, title I, 63
Stat. 381. Section 104(a) is now covered by section 2102 of Title 44, Public
Printing and Documents.
EFFECTIVE DATE OF TRANSFER OF FUNCTIONS
Transfer of functions effective July 1, 1949, see note set out under section
471 of Title 40, Public Buildings, Property, and Works.




All iniscellaneous revenues derived from Indian reservations, agen-
cies, and schools, except those of the Five Civilized Tribes and not
te result of the labor of any member of such tribe, which are not
rDequired by existing law to be otherwise disposed of, shall be covered
into the Treasury of the United States under the caption "Indian
moneys, proceeds of labor", and are made available for expenditure,
in the discretion of the Secretary of the Interior, for the benefit of
the Indian tribes, agencies, and schools on whose behalf they are col-
lected, subject, however, to the limitations as to tribal funds, imposed
by sections 123 and 142 of this title. (Mar. 3, 1883, ch. 141, 1, 22 Stat.
590; Mar. 2, 1887, ch. 320, 24 Stat. 463; May 17, 1926, eh. 309, 1,
44 Stat. 560; May 29,1928, ch. 901, 1, 45 Stat. 991.)
REFERENCES IN TEXT
Section 142 of this title, referred to in text, was repealed by act May 29, 1928,
ch. 901, 1, 45 Stat. 986, 902.
REPEALS
Act May 29, 1928 repealed the provisions of acts Mar. 3, 1883 and Mar. 2, 1887,
which related to Indian moneys, proceeds of labor.
TRANSFER OF FUNcTIONS
All functions of all other officers of the Department of the Interior and all
functions of all agencies and employees of such Department were, with two
exceptions, transferred to the Secretary of the Interior, with power vested in
him to authorize their performance or the performance of any of his functions
by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3,
1, 2 eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix
to Title 5, Government Organization and Employees.
CROSS REFERENCES
Acquisition of Indian lands, payment for, see section 835e of Title 16, Con-
servation.
Indian moneys, proceeds of labor to be classified on books of Treasury as trust
fund, see section 725s of Title 31, Money and Finance.
Tribal funds included in fund "Indian Money, Proceeds of Labor" to be
carried in Treasury Department in separate accounts for the respective tribes,
see section 161b of this title.
Ute Indians, division of trust funds, shares to be credited to existing accounts
established pursuant to this section, see section 672 of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 597a, 672 of this title.


UNITED STATES CODE, TITLE 25-INDIANS
CIIA-PrER 7-EDUCATION OF INDIAN S

271. Employment of instructors for Indians.
The President may, in every case where he shall judge improvement
in the habits and condition of such Indians practicable, and that the
means of instruction can be introduced with tleir own conseit. en)loy
capable persons of good moral character to instriict them in the nmode
of agriculture suited to their situation; and for teaching tlieir clli htren
in reading, writing, and arihetic, and p for-ing- such ot e I lut ies
as may be enjoined according to such inst ru'tiolls and rules as the
President may give and prescribe for the regulate ion of thei' conduct,




in the discharge of their duties. A report of the proceedings adopted
in the exccut ion of this provision shall be annually laid before Con-
gress. (R. S. 2071.)
DERIVATION
Act Mar. 3, 1S9, ch. 85, 3 Stat. 516.
CROSS REFERENCES
Education of Indians, provisions for, see sections 452-454 and 471 of this title.
272. Superintendent of Indian schools.
There shall be appointed by the President, by and with the advice
and consent of the Senate, a person of knowledge and experience in
the management. training, and practical education of children, to be
superintendent of Indian Schools, whose duty it shall be to visit and
inspect the schools in which Indians are taught in whole or in part
from appropriations from the United States Treasury, and report
to the Commissioner of Indian Affairs, what, in his judgment are the
defects, if any, in any of them in system, in administration, or in
means for the most effective advancement of the pupils therein toward
civilization and self-support, and what changes are needed to remedy
such defects as may exist, and to perform such other duties in con-
nection with Indian schools as may be prescribed by the Secretary of
the Interior. (Mar. 2, 1889, ch. 412, 10, 25 Stat. 1003.)
TRANSFER OF FUNCTIONS
All functions of all other officers of the Department of the Interior and all
functions of all agencies and employees of the Department were, with two
exceptions, transferred to the Secretary of the Interior, with power vested in
him to authorize their performance or the performance of any of his functions
by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, 1, 2,
eff. May 24, 1950, 15 F.R. 3174, G4 Stat. 1262, set out in the Appendix to Title 5,
Government Organization and Employees.
272a. Same; other duties.
The Superintendent of Indian schools shall perform such other
duties as may be imposed upon him by the Commissioner of Indian
Affairs, subject to the approval of the Secretary of the Interior. (Mar.
3, 1905, ch. 1479, 1, 33 Stat. 1049.)
TRANSFER OF FUNCTIONS
All functions of all other officers of the Department of the Interior and all
functions of all agencies and employees of the Department were, with two
exceptions, transferred to the Secretary of the Interior, with power vested in
him to authorize their performance or the performance of any of his functions
by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5,
Government Organization and Employees.
273. Detail of Army officer.
The Secretary of the Army shall be authorized to detail an officer
of the Army, not above the rank of captain, for special duty with ref-
erence to Indian education. (June 23, 1879, ch. 35, 7, 21 Stat. 35.)
CODIFICATION
The IDeIrtment of War was designntod the Department of the Army and the
title of the Secretary of War was changed to Secretary of the Army by section
"koa) of act July 26, 1917, -h. ,4, title II, 61 Stat. 501. Suction "05(a) of act
July 2(,, 1947, was rep(alvd by section 53 of act Aug. 10, 19, c6 h. 1041, 0A Stat.
c41. S o,-iol 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in
s(1ions :8011-:'013 continued the military Department of the Army under the
admiiistrative supervision of a Secretary of the Army.




N :,'i nT military POSTS or varrac~s lii' fLVCU IW uI I) 10L. XV AS Ij 'mkL ,- %
(bi 8 i id f~or duty at each school so established, see section 276 of this title.
271. Employment of Indian girls and boys as assistants.
The Conmissioner of Indian Aifairs shall employ Indian girls as
assistant niatrons and Indian boys as farmers and industrial teachers
inI all Indian schools when it is practicable to do so. (June 7, 1S,7,
ch. 3, 1, 30 Stat. 83.)
TRANSFER OF FUNCTIONS
All functions of all other officers of the Department of the Interior and all
functions of all agencies and employees of the Department were, with two
exceptions, transferred to the Secretary of the Interior, with power vested in
him to authorize their performance or the performance of any of his functions
by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3,
1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix
to Title 5, Government Organization and Employees.
CROSS REFERENCES
Preference to Indians qualified for duties, see section 45 of this title.
Standards for Indian employees, see section 472 of this title.
275. Leaves of absence to employees.
Teachers in schools operated by the Bureau of Indian Affairs may
be allowed, in addition to annual leave, educational leave not to ex-
ceed thirty workdays per calendar yea,. or sixty, workdays in every
alternate year, for attendance at educational gatherings, conventions,
institutions, or training schools, if the interest of the Government
requires, under such regulations as the Secretary of the Interior may
prescribe; and no additional salary or expense on account of such
leave of absence shall be incurred. (Aug. 24, 1912, ch. 388, 1, 37 Stat.
519; Aug. 24, 1922, ch. 286, 42 Stat. 829; May 8, 1928, cli. 510, 45 Stat.
493; July 10, 1957, Pub. L. 85-89, 71 Stat. 282.)
CODIFICATION
Act Aug. 24, 1922 increased the educational leave allowance from 15 to 30
days.
AM EN D M E"NTS
1957T-Pub. L. 85-89 substituted "Teachers in schools operated by the Bureau
of Indian Affairs" for "Teachers of the Indian schools and physicians of the
Indian Service".
1928-Act May 8, 1928, made the section applicable to physicians of the Indian
Service.
TRANSFER OF FUNCTIONS
All functions of all other officers of the Department of the Interior and all
functions of all agencies and employees of the )epartnient were, with two excep,-
tions, transferred to the Secretary of the Interior, with power vested in him
to authorize their performance or the performance of any of his functions by any
of those officers, agencies, and employees by 1950 Reorg. Plan No. 3, 1, 2. eff.
May 24, 1950, 15 F.R. 3174, C4 Stat. 12G2, set out in the Appendix to Title 5,
Government Organization and Employees.
CROSS REFERENCES
Reduction in leaves of absence of Government employees, see chapter C3 of
Title 5, Government Organization and EimIployces.
276. Vacant military posts or barracks for schools; detail of
Army officers.
The Secretary of the Auny is authorized to set aside, for use in the
establishment of normal and industrial training schools for Indian


63-794-76-7





youth from the noma11lfdfic tribes having educational treaty claims upon
the IUnited States, any vacant posts or barracks, so long as they may
not be required for military occupation, and to detail one or more
officers of the Army for duty in connect111io with In(lian education,
under the direct ion of the Secretary of the Interior, at each such school
so established: P,'or,d Thiat o apropriate or to be appro-
priated for general puir)oses of educatioll anong the Indians mav be
expenlded, 1iudler the direction of the Scer(oarv''. of the Interior, for the
education of Indian youth at such posts, institutions, and schools as
he niav coiisIi(Q advantageous, or as Congress from time to time may
authorize and provide. (July 31, 1882, eh. (3, 22 Stat. 181.)

CODIFICATION
The Department of War was designated the Department of the Army and
the title of the Secretary of War was changed to Secretary of the Army by
section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 601. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10,, 1956, ch. 1041, 70A
Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which
in sections 3011-3013 continued the military Department of the Army under the
administrative supervision of a Secretary of the Army.
SECRETARY OF THE AIR FORCE
For transfer of certain functions relating to real property under the jurisdic-
tion of the Department of the Air Force from the Secretary of the Army to the
Secretary of the Air Force, see Secretary of Defense Transfer Order Nos. 14
[2(29)], eff. July 1, 1948, and 40 [App. A(53)], July 22, 1949.
CROSS REFERENCES
Detail of Army officer, see section 273 of this title.
277. Former Apache military post established as Theodore
Roosevelt Indian School.
The Secretary of the Interior is authorized to establish and main-
tain the former Fort. Apache military post as an Indian boarding
school for the purpose of carrying out treaty obligations, to be known
as the Theodore. Roosevelt Indian School: Provihled, That the Fort
Apache i-iilitary post, an(l land appurtenant thereto, shall remain in
the possession and custody of the Secreiary of the Interior so long as
they shall be required for Indian school purposes. (Jan. 24, 1923, ch.
42, 42 Stat. 1187.)

LANDS HELD IN TRUST FOR WHITE MOTINTAIN APACHE TRIE
Pub. L. 8G-392, Mar. 18, 1960, 74 Stat. 8, provided: "That all right, title, anti
interest of the United States in and to the lands, together with the improve-
ments thereon, included in the former Fort Apache Military Reservation, created
by Executive order of February 1, 1877, and subsequently set aside by the Act
of January 24, 1923 (42 Stat. 1187) [this section], as a site for the Theodore
Roosevelt School, located within the boundaries of the Fort Apache Indian
Reservation, Arizona, are hereby declared to be held by the I 'ted States in
tris for the White Mountain Apache Tribe, subject to the right of the Secretary
of the Interior to use any part of the land and improvements for administra-
tive or school purposes for as long as they are needed for that purpose."
278. Repealed. Pub. L. 90-280, 1, Mar. 30, 1968, 82 Stat. 71.
Section, act Mar. 2, 1917, ch. 146, 21, 39 Stat. 988, declared the settled policy
of the Government to be opposed to the making of any appropriations whatever




279. Rations to mission schools.
IN! i-ii Ii s,.iiools on an In dian reservation 1ay. uI~lie' iiihls and 14 -
P.1* )CSCresbel by the C1oii. sioner of1 ID Affairs. recei" 1or
such hii tiaii (llildrcn (tll V (rlVlled therein, the nations oi food a1(
elothimr to whieh said children would se entitled t,
tlolsi children were living with ethle d parer (Jte

ll. 3504, 34 Stat. 326.)
TRANSFER OF FUNCTIONS
All functions of all other officers of the Department of the Interior and all
functions of all agencies and employees of the department were, with two
exceptions, transferred to the Secretary of the Interior, with power vested
in him to authorize their performance or the performance of any of his fine.-
tions by any of those officers, agencies, and employees by 1950 Reorg. Plan
No. 3, 1, 2, eff. May 24, 1:50, 15 P.R. 3174, (4 Stat. 12;2, set out in the Ap)lendix
to Title 5, Government Organization and Employees.
280. Patents of lands to missionary boards of religious organiza-
tions.
Ti Secretary of the Interior is authorized and directed to issue a
patent to the duly aUtllorized( inissionary board, or other proper au-
thority, of any religious organization engaged In mission or school
work on any Indian reservations for such lands thereon as were pior.'
to Septenmber 21, 1922, set a part to and were oni that (late being actually
and b, ieficll2v used andn coupled by s-uh 1zatiol solely for
lissionl or school purpose-S, the area so patented to not exceed onil
hundred and sixty ac'res to any one organization at any station: 1ro-
vidTd, That suchll patent shall provide tlat when no longer used for
mission or school purposes Said lands slall revert to the indianl
owners. (Sept. 21, 1 e, 367 3 42 S'at. 995.)
280a. Land in Alaska for schools or missions; general land laws.
The Indians or persons condictintg s(l1ols or n.sliOnS in the Ter-
ritory of Alaska shall not be disturbed iln tle possession of any lands
actually in their use or occupaton on June 6. 1900, an(I t lie land, at allv
station not exccedinr six hutr(hed all([ forty acres. oCCupied oil
date as missionary stations aid4 n the Indian 1r7beis in the ec i,
with the ulnproveullents tlierCoui erected by or lr o-Iw'lc societies sil't
be continued in the (occupancy of tHie several 'el iI s soviet ies to Nvl' ht i
the missionary stations r(pec i N ,Tl bel. ani iie Secretary of i
Interior is directed to liuave sucli lan1(s -ttrveved il, c( lIi )aICt to1iiii :Vt
iDea,,d as practiealoe and pat ,its issued foi- lie sante to tie ,sev ra I
societies to wh11'11 bhy1eloi2o bltt Il(iot~lliiUt ('onilli~d ill thils Act be construed to put in fio)cc in tljj ,eri'uorv tlle a l lalul li,,v- ,
the United States. (June G.b.,>. ",. ,1 '.:u,0. c I,. .)
REFERENCES IN TEXT
This Act, referred to in the text. moa ns At ,1ui, e (1 1. V ,r V strilbiii )f
Title I of Act ,June 6, 11WO. ii lite Cod(e, see Ta)ldvl ,I Tite 1 of -k A,;
provided for the Alaska Civil (.odc.
SIMILAR PllOV ISION 10
Similar provisions were co-tfifled ill act May 17, 1-"< c. 'h. 7'. s, 2_ St
which provided in part that the I nd ta n: ,r otlier I'er~ ,u ii lie (tistlidt should
not be disturbed in the possession of :,iiy lands actually in their use or occuIa-




tion or claimed by them, but reserved for future legislation the terms under
which such persons might acquire title. That section contained a further pro-
vision similar to the provision contained in this section, continuing lands occupied
as missionary stations in the occupancy of the several religious societies.
ADMISSION OF ALASKA AS STATE
Admission of Alaska into the Union was accomplished Jan. 3, 1959, upon is-
suance of Proe. No. 3269, Jan. 3, 1959, 24 F.R. S1, 73, Stat. c16, as required by
sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes
preceding section 21 of Title 48, Territories and Insular Possessions.
281. Children taking lands in severalty not excluded.
In the expenditure of money appropriated for any of the purposes
of education of Indian children, those children of Indians who have
taken or may take lands in severalty under any existing law shall not,
by reason thereof, be excluded from the benefits of such appropriation.
(Aug. 15, 1894, ch. 290, 1,28 Stat. 311.)
282. Regulations by Secretary of Interior to secure attendance
at school,
The Secretary of the Interior is authorized to make and enforce
such rules and regulations as may be necessary to secure the enrollment
and regular attendance of eligible Indian children who are wards
of the Government in schools maintained for their benefit by the
United States or in public schools. (Feb. 14, 1920, ch. 75, 1, 41 Stat.
410.)
283. Regulations for withholding rations for nonattendance at
schools.
The Secretary of the Interior may in his discretion, establish such
regulations as will prevent the issuing of rations or the furnishing
of subsistence either in money or in kind to the head of any Indian
family for or on account of any Indian child or children between
the ages of eight and twenty-one years who shall not have attended
school during the preceding year in accordance with such regulations.
This provision shall not apply to reservations or part of reservations
where sufficient school facilities have not been furnished nor until
full notice of such regulations shall have been given to the Indians
to be affected thereby.
The amount and value of subsistence so withheld shall be credited
to the tribe or tribes from whom the same is withheld, to be issued and
paid when in the judgment of the Secretary of the Interior they shall
have fully complied with such regulations. The Secretary of the In-
terior may in his discretion withhold rations. clothing, and other
annuities from Indian parents or guardians who refuse or neglect to
send and keep their children of proper school age in some school a
reasonable portion of the year. (Mar. 3, 1893, ch. 209, 1, 27 Stat.
628, 635.)
CROSS REFERENCES
Withholding annuities from Osage Indians for nonattendance at schools, see
section 285 of this title.
284. Regulations by Commissioner of Indian Affairs for attend-
ance at schools.
CODIMICATIO N
Section, act July 13, 1892, ch. 164, 1, 27 Stat. 143, is now covered by section
282 of this title.




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