(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.

(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 102, 103(a), or 208 of the Indian Self-Determination and Education Assistance Act, or under the Tribally Controlled Schools Act of 1988.

(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 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).

(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 1126(c), 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 title 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), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

Tribally Controlled Schools Act of 1988

(Part B of Title V of Public Law 100-297)

PART B-TRIBALLY CONTROLLED SCHOOL GRANTS SEC. 5201. [25 U.S.C. 2501 note] SHORT TITLE.

This part may be cited as the "Tribally Controlled Schools Act of 1988".

SEC. 5202. [25 U.S.C. 2501] DECLARATION OF POLICY.

(a) RECOGNITION.-Congress recognizes that the Indian SelfDetermination and Education Assistance Act, which was a product of the legitimate aspirations and a recognition of the inherent authority of Indian nations, was and is a crucial positive step toward tribal and community control and that the United States has an obligation to assure maximum Indian participation in the direction of educational services so as to render the persons administering such services and the services themselves more responsive to the needs and desires of Indian communities.

(b) COMMITMENT.-Congress declares its commitment to the maintenance of the Federal Government's unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children through the establishment of a meaningful Indian self-determination policy for education that will deter further perpetuation of Federal bureaucratic domination of

programs.

(c) NATIONAL GOAL.-Congress declares that a national goal of the United States is to provide the resources, processes, and structure that will enable tribes and local communities to obtain the quantity and quality of educational services and opportunities that will permit Indian children

(1) to compete and excel in areas of their choice; and

(2) to achieve the measure of self-determination essential to their social and economic well-being.

(d) EDUCATIONAL NEEDS.-Congress affirms

(1) true self-determination in any society of people is dependent upon an educational process that will ensure the development of qualified people to fulfill meaningful leadership roles;

(2) that Indian people have special and unique educational needs, including the need for programs to meet the linguistic and cultural aspirations of Indian tribes and communities; and (3) that those needs may best be met through a grant proc

ess.

(e) FEDERAL RELATIONS.-Congress declares a commitment to the policies described in this section and support, to the full extent of congressional responsibility, for Federal relations with the Indian nations.