§ 2021. — Proration of pay.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2021]
TITLE 25--INDIANS
CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
Sec. 2021. Definitions
For the purposes of this chapter, unless otherwise specified:
(1) Agency school board
The term ``agency school board'' means a body--
(A) the members of which are appointed by all of the school
boards of the schools located within an agency, including
schools operated under contract or grant; and
(B) the number of such members is determined by the
Secretary, in consultation with the affected tribes;
except that, in agencies serving a single school, the school board
of such school shall fulfill these duties, and in agencies having
schools or a school operated under contract or grant, one such
member at least shall be from such a school.
(2) Bureau
The term ``Bureau'' means the Bureau of Indian Affairs of the
Department of the Interior.
(3) Bureau-funded school
The term ``Bureau-funded school'' means--
(A) a Bureau school;
(B) a contract or grant school; or
(C) a school for which assistance is provided under the
Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et
seq.].
(4) Bureau school
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.
(5) Complementary educational facilities
The term ``complementary educational facilities'' means
educational program functional spaces such as libraries, gymnasiums,
and cafeterias.
(6) Contract or grant school
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 450f, 450h(a), or 458d of this title,
or under the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501
et seq.].
(7) Director
The term ``Director'' means the Director of the Office of Indian
Education Programs.
(8) Education line officer
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.
(9) Family literacy services
The term ``family literacy services'' has the meaning given that
term in section 7801 \1\ of title 20.
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\1\ See References in Text note below.
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(10) Financial plan
The term ``financial plan'' means a plan of services provided by
each Bureau school.
(11) Indian organization
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.
(12) Inherently Federal functions
The term ``inherently Federal functions'' means functions and
responsibilities which, under section 2006(c) of this title, are
noncontractable, including--
(A) the allocation and obligation of Federal funds and
determinations as to the amounts of expenditures;
(B) the administration of Federal personnel laws for Federal
employees;
(C) the administration of Federal contracting and grant
laws, including the monitoring and auditing of contracts and
grants in order to maintain the continuing trust, programmatic,
and fiscal responsibilities of the Secretary;
(D) the conducting of administrative hearings and deciding
of administrative appeals;
(E) the determination of the Secretary's views and
recommendations concerning administrative appeals or litigation
and the representation of the Secretary in administrative
appeals and litigation;
(F) the issuance of Federal regulations and policies as well
as any documents published in the Federal Register;
(G) reporting to Congress and the President;
(H) the formulation of the Secretary's and the President's
policies and their budgetary and legislative recommendations and
views; and
(I) the nondelegable statutory duties of the Secretary
relating to trust resources.
(13) Local educational agency
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.
(14) Local school board
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--
(A) the members of the body shall be appointed by the tribal
governing bodies of the tribes affected; and
(B) the number of such members shall be determined by the
Secretary in consultation with the affected tribes.
(15) Office
The term ``Office'' means the Office of Indian Education
Programs within the Bureau.
(16) Regulation
(A) In general
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.
(B) Rule of construction
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.
(17) Secretary
The term ``Secretary'' means the Secretary of the Interior.
(18) Supervisor
The term ``supervisor'' means the individual in the position of
ultimate authority at a Bureau school.
(19) Tribal governing body
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.
(20) Tribe
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.
(Pub. L. 95-561, title XI, Sec. 1141, as added Pub. L. 107-110, title X,
Sec. 1042, Jan. 8, 2002, 115 Stat. 2061.)
References in Text
The Tribally Controlled Schools Act of 1988, referred to in pars.
(3)(C) and (6), is part B (Sec. 5201-5212) of title V of Pub. L. 100-
297, Apr. 28, 1988, 102 Stat. 385, as amended, which is classified
generally to chapter 27 (Sec. 2501 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 2501 of this title and Tables.
Section 7801 of title 20, referred to in par. (9), was in the
original ``section 8101 of the Elementary and Secondary Education Act of
1965'', meaning section 8101 of Pub. L. 89-10, which was translated as
if it referred to section 9101 of that Act to reflect the probable
intent of Congress, because section 8101 was repealed by Pub. L. 107-
110, title X, Sec. 1011(5)(C), Jan. 8, 2002, 115 Stat. 1986, and section
9101, as added by Pub. L. 107-110, title IX, Sec. 901, Jan. 8, 2002, 115
Stat. 1956, defines ``family literacy services''.
This Act, referred to in par. (16)(A), means Pub. L. 95-561, Nov. 1,
1978, 92 Stat. 2143, as amended, known as the Education Amendments of
1978. For complete classification of this Act to the Code, see Short
Title of 1978 Amendment note set out under section 6301 of Title 20,
Education, and Tables.
This chapter, referred to in par. (16)(B), was in the original
``this title'', meaning title XI (Sec. 1101 et seq.) of Pub. L. 95-561,
as amended, which is classified principally to this chapter. For
complete classification of title XI to the Code, see Tables.
The Alaska Native Claims Settlement Act, referred to in par. (20),
is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is
classified generally to chapter 33 (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.
Prior Provisions
A prior section 2021, Pub. L. 95-561, title XI, Sec. 1141, as added
Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 4012,
related to proration of pay, prior to the general amendment of this
chapter by Pub. L. 107-110. See section 2012 of this title.
Another prior section 2021, Pub. L. 95-561, title XI, Sec. 1140A,
formerly Sec. 1141, as added Pub. L. 98-511, title V, Sec. 512, Oct. 19,
1984, 98 Stat. 2398; renumbered Sec. 1140A and amended Pub. L. 99-89,
Sec. 9(a)(1), (b), Aug. 15, 1985, 99 Stat. 383, related to proration of
pay, prior to the general amendment of this chapter by Pub. L. 103-382.
A prior section 2022, Pub. L. 95-561, title XI, Sec. 1142, as added
Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 4012,
related to extracurricular activities, prior to the general amendment of
this chapter by Pub. L. 107-110. See section 2012 of this title.
Another prior section 2022 and prior sections 2022a and 2022b were
omitted in the general amendment of this chapter by Pub. L. 103-382.
Section 2022, Pub. L. 95-561, title XI, Sec. 1140B, formerly
Sec. 1142, as added Pub. L. 98-511, title V, Sec. 512, Oct. 19, 1984, 98
Stat. 2398; renumbered Sec. 1140B, and amended Pub. L. 99-89,
Sec. 9(a)(1), (c), Aug. 15, 1985, 99 Stat. 383, related to
extracurricular activities.
Section 2022a, Pub. L. 95-561, title XI, Sec. 1141, as added Pub. L.
100-297, title V, Sec. 5116(2), Apr. 28, 1988, 102 Stat. 381, related to
early childhood development program.
Section 2022b, Pub. L. 95-561, title XI, Sec. 1142, as added Pub. L.
100-297, title V, Sec. 5119, Apr. 28, 1988, 102 Stat. 383, related to
tribal departments of education.
A prior section 2023, Pub. L. 95-561, title XI, Sec. 1143, as added
Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 4012;
amended Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVI, Sec. 1607(a)],
Dec. 21, 2000, 114 Stat. 2763, 2763A-335, related to early childhood
development program, prior to the general amendment of this chapter by
Pub. L. 107-110. See section 2019 of this title.
Another prior section 2023, Pub. L. 95-561, title XI, Sec. 1143, as
added Pub. L. 98-511, title V, Sec. 512, Oct. 19, 1984, 98 Stat. 2398,
related to employee housing, rental rates, and waiver of rentals during
non-session periods and non-pay status, prior to repeal by Pub. L. 99-
89, Sec. 9(a)(2), Aug. 15, 1985, 99 Stat. 383.
Prior sections 2024 to 2026 were omitted in the general amendment of
this chapter by Pub. L. 107-110.
Section 2024, Pub. L. 95-561, title XI, Sec. 1144, as added Pub. L.
103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 4013; amended
Pub. L. 105-244, title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat. 1828,
related to tribal departments of education. See section 2020 of this
title.
Section 2025, Pub. L. 95-561, title XI, Sec. 1145, as added Pub. L.
103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 4015, related to
payments to grantees.
Section 2026, Pub. L. 95-561, title XI, Sec. 1146, as added Pub. L.
103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 4015; amended
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVI, Sec. 1607(b)], Dec.
21, 2000, 114 Stat. 2763, 2763A-335, defined terms. See section 2021 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 2006, 2505 of this title;
title 20 section 6367.
