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Indian Education Act

SHORT TITLE

SEC. 401. This title may be cited as the “Indian Education Act”. Enacted June 23, 1972, P.L. 92–318, sec. 401, 86 Stat. 334.

Part A-REVISION OF IMPACTED AREAS PROGRAM AS IT RELATES TO

INDIAN CHILDREN

Amendments to Public Law 874, Eighty-First Congress

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(NOTE.-These provisions are contained in Title III, Public Law 874 at p. 235).

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Part B-SPECIAL PROGRAMS AND PROJECTS TO IMPROVE

EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN

Amendment to Title VIII of the Elementary and Secondary

Education Act of 1965

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(NOTE.—These provisions are contained in Title VIII of the ESEA at p. 152.)

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SEC. 421(b)(2). For the purposes of titles II and III of the Elementary and Secondary Education Act of 165 and part B of title VI of Public Law 91-230, the Secretary of the Interior shall have the same duties and responsibilities with respect to funds paid to him under such titles, as he would have if the Department of the Interior were a State educational agency having responsibility for the administration of a State plan under such titles.

SPECIAL EDUCATIONAL TRAINING PROGRAMS FOR TEACHERS OF INDIAN

CHILDREN

SEC. 422. (a) The Commissioner is authorized to make grants to and enter into contracts with institutions of higher education, Indian organizations, and Indian tribes for the purpose of preparing individuals for teaching or administering special programs and projects designed to meet the special educational needs of Indian people and to provide in-service training for persons teaching in such programs. Priority shall be given to Indian institutions and organizations. In carrying out his responsibilities under this section, the Commissioner is authorized to award fellowships and traineeships to individuals and to make grants to and to enter into contracts with institutions of higher education, Indian organizations, and Indian tribes for cost of education allowances. In awarding fellowships and traineeships under this section, the Commissioner shall give preference to Indians.

(b) In the case of traineeships and fellowships, the Commissioner is authorized to grant stipends to, and allowances for dependents of, persons receiving traineeships and fellowships.

(c) There is authorized to be appropriated $2,000,000 for the fiscal year ending June 30, 1975, and for each of the succeeding fiscal years ending prior to October 1, 1983 to carry out the provisions of this section.

(20 U.S.C. 887c-1) Enacted August 21, 1974, P.L. 93-380, sec. 632(c), 88 Stat. 586; amended Nov. 1 1978, P.L. 95-561, sec. 1141(c)(1), 1152(a) 92 Stat. 2329, 2333.

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FELLOWSHIPS FOR INDIAN STUDENTS

SEC. 423. (a) During the fiscal year ending June 30, 1975, and each of the succeeding fiscal years ending prior to October 1, 1983, the Commissioner is authorized to award not to exceed two hundred fellowships to be used for study in graduate and professional programs at institutions of higher education. Such fellowships shall be awarded to Indian students in order to enable them to pursue a course of study of not more than four, academic years leading toward a postbaccalaureate degree in medicine, law, education, and related fields or leading to an undergraduate or graduate degree in engineering, business administration, natural resources, and related fields. In addition to the fellowships authorized to be awarded in the first sentence of this subsection, the Commissioner is authorized to award a number of fellowships equal to the number previously awarded during any fiscal year under this subsection but vacated prior to the end of the period during which they were awarded, except that each fellowship so awarded shall be only for a period of study not in excess of the remainder of the period of time for which the fellowship it replaces was awarded, as the Commissioner may determine.

(b) The Commissioner shall pay to persons awarded fellowships under this subsection such stipends (including such allowances for subsistence of such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs.

(c) The Commissioner shall pay to the institution of higher education at which the holder of a fellowship under this subsection is pursuing a course of study, in lieu of tuition charged such holder, such amounts as the Commissioner may determine to cover the cost of education for the holder of such a fellowship.

(20 U.S.C. 887c-2) Enacted August 21, 1974, P.L. 93–380, sec. 632(c), 88 Stat. 586, 587; amended Nov. 1, 1978, P.L. 95-561, sec. 2241(c)(2), 1152(b) 92 Stat. 2329, 2333.

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PART C-SPECIAL PROGRAMS RELATING TO ADULT EDUCATION FOR

INDIANS

AMENDMENT TO THE ADULT EDUCATION ACT

(NOTE.—These provisions are contained in section 314 of the Adult Education Act at p. 742.)

Part D-OFFICE OF INDIAN EDUCATION

OFFICE OF INDIAN EDUCATION

SEC. 441. (a) There is hereby established, in the Office of Education, a bureau to be known as the "Office of Indian Education” which, under the direction of the Commissioner, shall have the responsibility for administering the provisions of title III of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), as added by this Act, section 810 of title VIII of the Elementary and Secondary Education Act of 1965, as added by this Act, and section 314 of title III of the Elementary and Secondary Education Amendments of 1966, as added by this Act. The Office shall be headed by a Deputy Commissioner of Indian Education, who shall be appointed by the Commissioner of Education from a list of nominees submitted to him by the National Advisory Council on Indian Education.

(b) The Deputy Commissioner of Indian Education shall be compensated at the rate prescribed for, and shall be placed in, grade 18 of the General Schedule set forth in section 5332 of title 5, United States Code, and shall perform such duties as are delegated or assigned to him by the Commissioner. The position created by this subsection shall be in addition to the number of positions placed in grade 18 of such General Schedule under section 5108 of title 5, United States Code.

(20 U.S.C. 1221f) Enacted June 23, 1972, P.L. 92–318, sec. 441, 86 Stat 343.

NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION

SEC. 442. (a) There is hereby established the National Advisory Council on Indian Education (referred to in this title as the “National Council"), which shall consist of fifteen members who are Indians and Alaska Natives appointed by the President of the United States. Such appointments shall be made by the President from lists of nominees furnished, from time to time, by Indian tribes and organizations, and shall represent diverse geographic areas of the country. Subject to section 448(b) of the General Education Provisions Act, the National Council shall continue to exist until October 1, 1983. (b) The National Council shall

(1) advise the Commissioner of Education with respect to the administration (including the development of regulations and of administrative practices and policies) of any program in which Indian children or adults participate from which they can benefit, including title III of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), as added by this Act, and section 810, title VIII of the Elementary and Secondary Education Act of 1965, as added by this Act and with respect to adequate funding thereof;

(2) review applications for assistance under title III of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), as added by this Act, section 810 of title VIII of the Elementary and Secondary Education Act of 1965, as added by this Act, and section 314 of the Adult Education Act, as added by this Act, and make recommendations to the Commissioner with respect to their approval;

(3) evaluate programs and projects carried out under any program of the Department of Health, Education, and Welfare in which Indian children or adults can participate or from which they can benefit, and disseminate the results of such evaluations:

(4) provide technical assistance to local educational agencies and to Indian educational agencies, institutions, and organizations to assist them in improving the education of Indian children;

(5) assist the Commissioner in developing criteria and regulations for the administration and evaluation of grants made under section 303(b) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress); and

(6) to submit to the Congress not later than June 30 of each year a report on its activities, which shall include any recommendations it may deem necessary for the improvement of Federal education programs in which Indian children and adults participate, or from which they can benefit, which report shall include statement of the National Council's recommendations to the Commissioner with respect to the funding of

any such programs. (c) With respect to functions of the National Council stated in clauses (2), (3), and (4) of subsection (b), the National Council is authorized to contract with any public or private nonprofit agency, institution, or organization for assistance in carrying out such functions.

(d) From the sums appropriated pursuant to section 400(d) of the General Education Provisions Act which are available for the purposes of section 411 of such Act and for part D of such Act, the Commissioner shall make available such sums as may be necessary to enable the National Council to carry out its functions under this section.

(20 U.S.C. 1221g) Enacted June 23, 1972, P.L. 92–318, sec. 442, 86 Stat. 343, 344; amended August 21, 1974, P.L. 93-380, sec. 505(a)(2), 88 Stat. 562; amended August 21, 1974, P.L. 93-380, sec. 845(d), 88 Stat. 612; amended April 21, 1976, P.L. 94-273, sec. 3(11), 90 Stat. 376; P. L. 94-273, sec. 13(1), 90 Stat. 378.); amended Nov. 1, 1978, P.L. 95-561, sec. 1141(c)(3), 92 Stat. 2329.

PART E-MISCELLANEOUS PROVISIONS

SEC. 451. (This section is an amendment to Part D Title V of the HEA of 1965. Effective September 30, 1976, Part D of Title V is repealed by P.L. 94-482).

SEC. 452. (This section is an amendment to Title VII of the ESEA of 1965 and is included at p. 141).

DEFINITION

SEC. 453. (a) For the purposes of this title, the term “Indian” means any individual who (1) is a member of a tribe, band, or other organized group of Indians, including those tribes, bands, or groups terminated since 1940 and those recognized by the State in which they reside, or who is a descendant, in the first or second degree, of any such member, or (2) is considered by the Secretary of the Interior to be an Indian for any purpose, or (3) is an Eskimo or Aleut or other Alaska Native, or (4) is determined to be an Indian under regulations promulgated by the Commissioner, after consultation with the National Advisory Council on Indian Education, which regulations shall further define the term "Indian".

(b) The Assistant Secretary of Health, Education, and Welfare for Education, in consultation with Indian tribes, national Indian organizations, and the Secretary of the Interior, shall supervise a thorough study and analysis of the definition of Indian contained in subsection (a) and submit a report on the results of such study and analysis to the Congress not later than January 1, 1980. Such study and analysis shall include but not be limited to

(1) an identification of the total number of Indian children being served under this title;

(2) an identification of the number of Indian children eligible and served under each of the four clauses of such definition in such subsection;

(3) an evaluation of the consequences of eliminating descedants in the second degree from the terms of such definition, or of specifying a final date by which tribes, bands, and groups must be recognized, or of both;

(4) other options for changes in the terms of such definition and an evaluation of the consequences of such changes, together with supporting data;

(5) recommendations with respect to criteria for use by the Commissioner under the rulemaking authority contained in

clause (4) of such subsection. (c) On the form establishing a child's eligibility form:

(1) the name of the tribe, band, or other organized group of Indians with which the applicant claims membership, along with the enrollment number establishing membership (where applicable), and the name and address of the organization which has updated and accurate membership data for such tribe, band, or other organized group of Indians; or, if the child is not a member of a tribe, band, or other organized group of Indians; or, if the child is not a member of a tribe, band, or other organized group of Indians, the sutdent eligibility form shall bear the name, the enrollment number (where applicable) and the organization (and address thereof) responsible for maintaining updated and accurate membership membership roles of any of the applicant's parents or grandparents, from whom, the applicant claims eligibility;

(2) whether the tribe, band, or other organized group of Indians with which the applicant, his parents, or grandparents claim membership are federally recognized;

(3) the name and address of the parent or legal guardian;

(4) the signature of the parent or legal guardian verifying the accuracy of the information supplied; and

(5) any other information which the Secretary deems neces

sary to provide an accurate program profile. Nothing in the requirements of paragraphs (1) through (5) of this subsection shall be construed as changing or restricting the applicable eligibility definition set forth in subsection (a) of this section.

(20 U.S.C. 1221h) Enacted June 23, 1972, P.L. 92-318, sec. 453, 86 Stat. 345; amended Nov. 1, 1978, P.L. 95-561, secs. 1147, 1148, 1151, 92 Stat. 2330, 2331, 2333; amended Aug. 6, 1979, P.L. 96-46, sec. 7, 93 Stat. 343.

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