
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC2511]

 
                            TITLE 25--INDIANS
 
              CHAPTER 27--TRIBALLY CONTROLLED SCHOOL GRANTS
 
Sec. 2511. Definitions

    For purposes of this chapter--
        (1) The term ``eligible Indian student'' has the meaning of such 
    term in section 1128(f) \1\ of the Education Amendments of 1978.
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    \1\ See References in Text note below.
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        (2) The term ``Indian tribe'' means any Indian tribe, band, 
    nation, or other organized group or community, including any Alaska 
    Native Village or regional or village corporation (as defined in or 
    established pursuant to the Alaskan 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.
        (3)(A) The term ``tribal organization'' means--
            (i) the recognized governing body of any Indian tribe, or
            (ii) any legally established organization of Indians which--
                (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 its activities.

        (B) In any case in which a grant is provided under this chapter 
    to an organization to perform services benefiting more than one 
    Indian tribe, the approval of the governing bodies of Indian tribes 
    representing 80 percent of those students attending the tribally 
    controlled school shall be considered a sufficient tribal 
    authorization for such grant.
        (4) The term ``Secretary'' means the Secretary of the Interior.
        (5) The term ``tribally controlled school'' means a school, 
    operated by a tribe or a tribal organization, enrolling students in 
    kindergarten through grade 12, including preschools, which is not a 
    local educational agency and which is not directly administered by 
    the Bureau of Indian Affairs.
        (6) The term ``a 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 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.
        (7) The term ``Bureau'' means the Bureau of Indian Affairs of 
    the Department of the Interior.

(Pub. L. 100-297, title V, Sec. 5212, Apr. 28, 1988, 102 Stat. 394.)

                       References in Text

    Section 1128(f) of the Education Amendments of 1978, referred to in 
par. (1), means section 1128(f) of Pub. L. 95-561, which was classified 
to section 2008(f) of this title, prior to the general amendment of 
chapter 22 (Sec. 2001 et seq.) of this title by Pub. L. 103-382, title 
III, Sec. 381, Oct. 20, 1994, 108 Stat. 3979. Pub. L. 103-382 enacted a 
new section 1128 of Pub. L. 95-561, relating to administrative cost 
grants, which is classified to section 2008 of this title. Provisions 
defining ``eligible Indian student'' are now contained in section 2007 
of this title.
    The Alaskan Native Claims Settlement Act, referred to in par. (2), 
probably means the Alaska Native Claims Settlement Act, 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.
