 
 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
   SUBCHAPTER IX--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
 
                        Part A--Indian Education
 
        subpart 6--definitions; authorizations of appropriations
 
Sec. 7881. Definitions

    As used in this part:

                              (1) Adult

        The term ``adult'' means an individual who--
            (A) has attained the age of 16 years; or
            (B) has attained an age that is greater than the age of 
        compulsory school attendance under an applicable State law.

                         (2) Adult education

        The term ``adult education'' has the meaning given such term in 
    section 9202 of this title.

                      (3) Free public education

        The term ``free public education'' means education that is--
            (A) provided at public expense, under public supervision and 
        direction, and without tuition charge; and
            (B) provided as elementary or secondary education in the 
        applicable State or to preschool children.

                             (4) Indian

        The term ``Indian'' means an individual who is--
            (A) a member of an Indian tribe or band, as membership is 
        defined by the tribe or band, including--
                (i) any tribe or band terminated since 1940; and
                (ii) any tribe or band recognized by the State in which 
            the tribe or band resides;

            (B) a descendant, in the first or second degree, of an 
        individual described in subparagraph (A);
            (C) considered by the Secretary of the Interior to be an 
        Indian for any purpose;
            (D) an Eskimo, Aleut, or other Alaska Native; or
            (E) a member of an organized Indian group that received a 
        grant under the Indian Education Act of 1988 as it was in effect 
        the day preceding October 20, 1994.

(Pub. L. 89-10, title IX, Sec. 9161, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3793; amended Pub. L. 105-220, title 
II, Sec. 251(b)(2)(E), Aug. 7, 1998, 112 Stat. 1080.)

                       References in Text

    The Indian Education Act of 1988 as it was in effect the day 
preceding October 20, 1994, referred to in par. (4)(E), is part C 
(Secs. 5301-5352) of title V of Pub. L. 100-297, Apr. 28, 1988, 102 
Stat. 395, which was classified principally to chapter 28 (Sec. 2601 et 
seq.) of Title 25, Indians, prior to repeal by Pub. L. 103-382, title 
III, Sec. 367, Oct. 20, 1994, 108 Stat. 3976.


                               Amendments

    1998--Par. (2). Pub. L. 105-220 substituted ``section 9202'' for 
``section 1201a(2)''.

                  Section Referred to in Other Sections

    This section is referred to in section 7816 of this title; title 25 
section 2902.
