25 U.S.C. § 2021 — Definitions
submitted 24 years ago by Pub. L. 95-561 to r/title-25-INDIANS · 971 words · no verdicts yet
This section defines terms used in this chapter. It defines school boards, Bureau offices and schools, agencies, tribes, regulations, and related education terms.
For this chapter, unless another provision says otherwise: (1) “Agency school board” means a body appointed by all school boards in an agency, including contract or grant schools, with the number set by the Secretary after consulting affected tribes. In a one-school agency, that school’s board performs the duties; where a contract or grant school exists, at least one member must come from it. (2) “Bureau” means the Bureau of Indian Affairs in the Interior Department. (3) “Bureau-funded school” means a Bureau school, a contract or grant school, or a school assisted under the Tribally Controlled Schools Act of 1988. (4) “Bureau school” means a Bureau-operated elementary or secondary day or boarding school, or a Bureau-operated dormitory for students attending a non-Bureau school. (5) “Complementary educational facilities” means program spaces such as libraries, gyms, and cafeterias. (6) “Contract or grant school” means an elementary school, secondary school, or dormitory financially assisted under the listed Bureau laws or the Tribally Controlled Schools Act. (7) “Director” means the Director of the Office of Indian Education Programs. (8) “Education line officer” means education personnel supervised by that Director, whether in a central, area, or agency office. (9) “Family literacy services” has the meaning in 20 U.S.C. 7801. (10) “Financial plan” means each Bureau school’s service plan. (11) “Indian organization” means a legal group owned or controlled by one or more federally recognized tribes, or whose members are mostly members of such tribes. (12) “Inherently Federal functions” means noncontractable functions under section 2006(c), including allocating and obligating Federal money; deciding expenditures; administering Federal personnel, contracting, and grant laws; monitoring and auditing grants and contracts; conducting administrative hearings and appeals; deciding and presenting the Secretary’s positions in appeals and litigation; issuing Federal regulations, policies, and Federal Register documents; reporting to Congress and the President; formulating the Secretary’s and President’s policies and budget and legislative recommendations; and the Secretary’s nondelegable duties concerning trust resources. (13) “Local educational agency” means a local education board or other lawful authority controlling free public education in a county, township, or school district in a State, including a State agency that directly operates and maintains such facilities. (14) “Local school board,” for a Bureau school, means a body chosen under the tribe’s laws or, without such laws, elected by parents of Indian children at the school. For a school serving many tribes, the tribal governing bodies appoint the members and the Secretary sets their number after consulting those tribes. (15) “Office” means the Office of Indian Education Programs within the Bureau. (16) “Regulation” means a statement, or part of one, of general or particular application that the Secretary issues to carry out, interpret, or prescribe law or policy under this Act. This does not prevent guidance, internal directives, or similar Indian Affairs Manual documents. (17) “Secretary” means the Interior Secretary. (18) “Supervisor” means the person with ultimate authority at a Bureau school. (19) “Tribal governing body” means the governing body or bodies representing at least 90 percent of a school’s students. (20) “Tribe” means an Indian tribe*, band, nation, or organized group or community, including an Alaska Native Regional or Village Corporation under the Alaska Native Claims Settlement Act, recognized as eligible for United States Indian programs and services because of Indian status.
For the purposes of this chapter, unless otherwise specified:
The term “agency school board” means a body—
the members of which are appointed by all of the school boards of the schools located within an agency, including schools operated under contract or grant; and
the number of such members is determined by the Secretary, in consultation with the affected tribes;
except that, in agencies serving a single school, the school board of such school shall fulfill these duties, and in agencies having schools or a school operated under contract or grant, one such member at least shall be from such a school.
The term “Bureau” means the Bureau of Indian Affairs of the Department of the Interior.
The term “Bureau-funded school” means—
a Bureau school;
a contract or grant school; or
a school for which assistance is provided under the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.].
The term “Bureau school” means a Bureau-operated elementary or secondary day or boarding school or a Bureau-operated dormitory for students attending a school other than a Bureau school.
The term “complementary educational facilities” means educational program functional spaces such as libraries, gymnasiums, and cafeterias.
The term “contract or grant school” means an elementary school, secondary school, or dormitory that receives financial assistance for its operation under a contract, grant, or agreement with the Bureau under section 5321, 5322(a), or 5352 of this title, or under the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.].
The term “Director” means the Director of the Office of Indian Education Programs.
The term “education line officer” means a member of the education personnel under the supervision of the Director of the Office, whether located in a central, area, or agency office.
The term “family literacy services” has the meaning given that term in section 7801 of title 20.
The term “financial plan” means a plan of services provided by each Bureau school.
The term “Indian organization” means any group, association, partnership, corporation, or other legal entity owned or controlled by a federally recognized Indian tribe* or tribes, or a majority of whose members are members of federally recognized tribes.
The term “inherently Federal functions” means functions and responsibilities which, under section 2006(c) of this title, are noncontractable, including—
the allocation and obligation of Federal funds and determinations as to the amounts of expenditures;
the administration of Federal personnel laws for Federal employees;
the administration of Federal contracting and grant laws, including the monitoring and auditing of contracts and grants in order to maintain the continuing trust, programmatic, and fiscal responsibilities of the Secretary;
the conducting of administrative hearings and deciding of administrative appeals;
the determination of the Secretary’s views and recommendations concerning administrative appeals or litigation and the representation of the Secretary in administrative appeals and litigation;
the issuance of Federal regulations and policies as well as any documents published in the Federal Register;
reporting to Congress and the President;
the formulation of the Secretary’s and the President’s policies and their budgetary and legislative recommendations and views; and
the nondelegable statutory duties of the Secretary relating to trust resources.
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, or independent or other school district located within a State, and includes any State agency that directly operates and maintains facilities for providing free public education.
The term “local school board”, when used with respect to a Bureau school, means a body chosen in accordance with the laws of the tribe to be served or, in the absence of such laws, elected by the parents of the Indian children attending the school, except that, for a school serving a substantial number of students from different tribes—
the members of the body shall be appointed by the tribal governing bodies of the tribes affected; and
the number of such members shall be determined by the Secretary in consultation with the affected tribes.
The term “Office” means the Office of Indian Education Programs within the Bureau.
The term “regulation” means any part of a statement of general or particular applicability of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this Act.
Nothing in subparagraph (A) or any other provision of this chapter shall be construed to prohibit the Secretary from issuing guidance, internal directives, or other documents similar to the documents found in the Indian Affairs Manual of the Bureau of Indian Affairs.
The term “Secretary” means the Secretary of the Interior.
The term “supervisor” means the individual in the position of ultimate authority at a Bureau school.
The term “tribal governing body” means, with respect to any school, the tribal governing body, or tribal governing bodies, that represent at least 90 percent of the students served by such school.
The term “tribe” means any Indian tribe, band, nation, or other organized group or community, including an Alaska Native Regional Corporation or Village Corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
Source credit: (Pub. L. 95–561, title XI, § 1141, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2061; amended Pub. L. 114–95, title IX, § 9215(cc)(2), Dec. 10, 2015, 129 Stat. 2173.)
- 2002Enacted · Pub. L. 95-561 · 115 Stat. 2061
- 2015Amended · Pub. L. 114-95 · 129 Stat. 2173
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-561 on 2002-01-08.
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