§ 2511. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2511]
TITLE 25--INDIANS
CHAPTER 27--TRIBALLY CONTROLLED SCHOOL GRANTS
Sec. 2511. Definitions
In this chapter:
(1) Bureau
The term ``Bureau'' means the Bureau of Indian Affairs of the
Department of the Interior.
(2) Eligible Indian student
The term ``eligible Indian student'' has the meaning given such
term in section 2007(f) of this title.
(3) Indian
The term ``Indian'' means a member of an Indian tribe, and
includes individuals who are eligible for membership in a tribe, and
the child or grandchild of such an individual.
(4) Indian tribe
The term ``Indian tribe'' means any Indian tribe, band, nation,
or other organized group or community, including an Alaska Native
Village Corporation or Regional 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.
(5) Local educational agency
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 direction of, or to
perform a service function for, public elementary schools 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 the State's public elementary schools or
secondary schools. Such term includes any other public institution
or agency having administrative control and direction of a public
elementary school or secondary school.
(6) Secretary
The term ``Secretary'' means the Secretary of the Interior.
(7) Tribal governing body
The term ``tribal governing body'' means, with respect to any
school that receives assistance under this Act,\1\ the recognized
governing body of the Indian tribe involved.
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\1\ See References in Text note below.
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(8) Tribal organization
(A) In general
The term ``tribal organization'' means--
(i) the recognized governing body of any Indian tribe;
or
(ii) any legally established organization of Indians
that--
(I) is controlled, sanctioned, or chartered by such
governing body or is democratically elected by the adult
members of the Indian community to be served by such
organization; and
(II) includes the maximum participation of Indians
in all phases of the organization's activities.
(B) Authorization
In any case in which a grant is provided under this chapter
to an organization to provide services through a tribally
controlled school benefiting more than one Indian tribe, the
approval of the governing bodies of Indian tribes representing
80 percent of the students attending the tribally controlled
school shall be considered a sufficient tribal authorization for
such grant.
(9) Tribally controlled school
The term ``tribally controlled school'' means a school that--
(A) is operated by an Indian tribe or a tribal organization,
enrolling students in kindergarten through grade 12, including a
preschool;
(B) is not a local educational agency; and
(C) is not directly administered by the Bureau of Indian
Affairs.
(Pub. L. 100-297, title V, Sec. 5212, as added Pub. L. 107-110, title X,
Sec. 1043, Jan. 8, 2002, 115 Stat. 2078.)
References in Text
The Alaska Native Claims Settlement Act, referred to in par. (4), is
Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is
classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43,
Public Lands. For complete classification of this Act to the Code, see
Short Title note set out under section 1601 of Title 43 and Tables.
This Act, referred to in par. (7), is Pub. L. 100-297 and probably
should be ``this part'', meaning part B of title V of Pub. L. 100-297,
known as the Tribally Controlled Schools Act of 1988, which is
classified generally to this chapter. For complete classification of
part B to the Code, see Short Title note set out under section 2501 of
this title and Tables.
Prior Provisions
A prior section 2511, Pub. L. 100-297, title V, Sec. 5212, Apr. 28,
1988, 102 Stat. 394, defined terms, prior to repeal by Pub. L. 107-110,
title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2063.
Effective Date
Section effective Jan. 8, 2002, except with respect to certain
noncompetitive programs and competitive programs, see section 5 of Pub.
L. 107-110, set out as a note under section 6301 of Title 20, Education.
