tion is due to Federal agreement, law, or policy, any school providing flight training to members of the Air Force under contract with the Air Force at an airport owned by a State or political subdivision of a State.

(C) NON-FEDERAL EASEMENTS, LEASES, LICENSES, PERMITS, IMPROVEMENTS, AND CERTAIN OTHER REAL PROPERTY.-The term "Federal property" includes, whether or not subject to taxation by a State or a political subdivision of a State

(i) any non-Federal easement, lease, license, permit, or other such interest in Federal property as otherwise described in this paragraph, but not including any non-Federal fee-simple interest;

(ii) any improvement on Federal property as otherwise described in this paragraph; and

(iii) real property that, immediately before its sale or transfer to a non-Federal party, was owned by the United States and otherwise qualified as Federal property described in this paragraph, but only for one year beyond the end of the fiscal year of such sale or transfer.

(D) CERTAIN POSTAL SERVICE PROPERTY AND PIPELINES AND UTILITY LINES.-Notwithstanding any other provision of this paragraph, the term "Federal property" does not include

(i) any real property under the jurisdiction of the United States Postal Service that is used primarily for the provision of postal services; or

(ii) pipelines and utility lines.

(E) PROPERTY WITH RESPECT TO WHICH STATE OR LOCAL TAX REVENUES MAY NOT BE EXPENDED, ALLOCATED, OR AVAILABLE FOR FREE PUBLIC EDUCATION.-Notwithstanding any other provision of this paragraph, "Federal property" does not include any property on which children reside that is otherwise described in this paragraph if

(i) no tax revenues of the State or of any political subdivision of the State may be expended for the free public education of children who reside on that Federal property; or

(ii) no tax revenues of the State are allocated or available for the free public education of such children. (F) PROPERTY LOCATED IN THE STATE OF OKLAHOMA

OWNED BY INDIAN HOUSING AUTHORITY FOR LOW-INCOME

HOUSING.-The term "Federal property" includes any real property located in the State of Oklahoma that

(i) is owned by an Indian housing authority and used for low-income housing (including housing assisted under the mutual help ownership opportunity program under section 202 of the United States Housing Act of 1937); and

(ii) at any time

(I) was designated by treaty as tribal land; or (II) satisfied the definition of Federal property under section 403(1)(A) of the Act of September

30, 1950 (Public Law 874, 81st Congress) (as such Act was in effect on the day preceding the date of enactment of the Improving America's Schools Act of 1994).

(6) FREE PUBLIC EDUCATION.-The term "free public education" means education that is provided

(A) at public expense, under public supervision and direction, and without tuition charge; and

(B) as elementary or secondary education, as determined under State law, except that, notwithstanding State law, such term

(i) includes preschool education; and

(ii) does not include any education provided beyond grade 12.

(7) INDIAN LANDS.-The term "Indian lands” means any Federal property described in paragraph (5)(A)(ii) or (5)(F). (8) LOCAL CONTRIBUTION PERCENTAGE.—

(A) IN GENERAL.-The term "local contribution percentage" means the percentage of current expenditures in the State derived from local and intermediate sources, as reported to and verified by the National Center for Education Statistics.

(B) HAWAII AND DISTRICT OF COLUMBIA.-Notwithstanding subparagraph (A), the local contribution percentage for Hawaii and for the District of Columbia shall be the average local contribution percentage for all States. (9) LOCAL EDUCATIONAL AGENCY.

(A) IN GENERAL.-Except as provided in subparagraph (B), the term "local educational agency"

(i) 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, independent school district, or other school district; and

(ii) includes any State agency that directly operates and maintains facilities for providing free public education.

(B) EXCEPTION.-The term "local educational agency" does not include any agency or school authority that the Secretary determines on a case-by-case basis

(i) was constituted or reconstituted primarily for the purpose of receiving assistance under this title or the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such Act was in effect on the day preceding the date of enactment of the Improving America's Schools Act of 1994) or increasing the amount of such assistance; or

(ii) is not constituted or reconstituted for legitimate educational purposes.

(10) LOW-RENT HOUSING.-The term "low-rent housing" means housing located on property that is described in paragraph (5)(A)(iii).

(11) REVENUE DERIVED FROM LOCAL SOURCES.-The term "revenue derived from local sources" means—

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(A) revenue produced within the boundaries of a local educational agency and available to such agency for such agency's use; or

(B) funds collected by another governmental unit, but distributed back to a local educational agency in the same proportion as such funds were collected as a local revenue

source.

(12) SCHOOL FACILITIES.-The term "school facilities" includes―

(A) classrooms and related facilities; and

(B) equipment, machinery, and utilities necessary or appropriate for school purposes.

SEC. 8014. [20 U.S.C. 7714] AUTHORIZATION OF APPROPRIATIONS.

(a) PAYMENTS FOR FEDERAL ACQUISITION OF REAL PROPERTY.— For the purpose of making payments under section 8002, there are authorized to be appropriated $16,750,000 for fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal years.

(b) BASIC PAYMENTS; PAYMENTS FOR HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES.-For the purpose of making payments under subsections (b) and (f) of section 8003, there are authorized to be appropriated $775,000,000 for fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal years, of which 6 percent shall be available, until expended, for each such fiscal year to carry out section 8003(f).

(c) PAYMENTS FOR CHILDREN WITH DISABILITIES.-For the purpose of making payments under section 8003(d), there are authorized to be appropriated $45,000,000 for fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal

years.

(d) PAYMENTS FOR INCREASES IN MILITARY CHILDREN.-For the purpose of making payments under section 8006, there are authorized to be appropriated $2,000,000 for fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal years.

(e) CONSTRUCTION.-For the purpose of carrying out section 8007, there are authorized to be appropriated $25,000,000 for fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal years.

(f) FACILITIES MAINTENANCE.-For the purpose of carrying out section 8008, there are authorized to be appropriated $2,000,000 for fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal years.

(g) ADDITIONAL ASSISTANCE FOR CERTAIN FEDERAL PROPERTY LOCAL EDUCATIONAL AGENCIES.-For the purpose of carrying out section 8002(j) there are authorized to be appropriated such sums as are necessary beginning in fiscal year 1998 and for each succeeding fiscal year.

TITLE IX-INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

PART A-INDIAN EDUCATION

SEC. 9101. [20 U.S.C. 7801] FINDINGS.

The Congress finds that

(1) the Federal Government has a special responsibility to ensure that educational programs for all American Indian and Alaska Native children and adults

(A) are based on high-quality, internationally competitive content standards and student performance standards and build on Indian culture and the Indian community;

(B) assist local educational agencies, Indian tribes, and other entities and individuals in providing Indian students the opportunity to achieve such standards; and

(C) meet the special educational and culturally related academic needs of American Indian and Alaska Native students;

(2) since the date of enactment of the initial Indian Education Act in 1972, the level of involvement of Indian parents in the planning, development, and implementation of educational programs that affect such parents and their children has increased significantly, and schools should continue to foster such involvement;

(3) although the number of Indian teachers, administrators, and university professors has increased since 1972, teacher training programs are not recruiting, training, or retraining a sufficient number of Indian individuals as educators to meet the needs of a growing Indian student population in elementary, secondary, vocational, adult, and higher education;

(4) the dropout rate for Indian students is unacceptably high, for example, 9 percent of Indian students who were eighth graders in 1988 had already dropped out of school by 1990;

(5) during the period from 1980 to 1990, the percentage of Indian individuals living at or below the poverty level increased from 24 percent to 31 percent, and the readiness of Indian children to learn is hampered by the high incidence of poverty, unemployment, and health problems among Indian children and their families; and

(6) research related specifically to the education of Indian children and adults is very limited, and much of the research is of poor quality or is focused on limited local or regional is

sues.

SEC. 9102. [20 U.S.C. 7802] PURPOSE.

(a) PURPOSE.-It is the purpose of this part to support the efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities to meet the special educational and culturally related academic needs of American Indians and Alaska Natives, so that such students can achieve to the

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same challenging State performance standards expected of all students.

(b) PROGRAMS.-This part carries out the purpose described in subsection (a) by authorizing programs of direct assistance for

(1) meeting the special educational and culturally related academic needs of American Indians and Alaska Natives; (2) the education of Indian children and adults;

(3) the training of Indian persons as educators and counselors, and in other professions serving Indian people; and

(4) research, evaluation, data collection, and technical assistance.

Subpart 1-Formula Grants to Local Educational Agencies

SEC. 9111. [20 U.S.C. 7811] PURPOSE.

It is the purpose of this subpart to support local educational agencies in their efforts to reform elementary and secondary school programs that serve Indian students in order to ensure that such programs

(1) are based on challenging State content standards and State student performance standards that are used for all students; and

(2) are designed to assist Indian students meet those standards and assist the Nation in reaching the National Education Goals.

SEC. 9112. [20 U.S.C. 7812] GRANTS TO LOCAL EDUCATIONAL AGENCIES.

(a) IN GENERAL.

(1) ENROLLMENT REQUIREMENTS.-A local educational agency shall be eligible for a grant under this subpart for any fiscal year if the number of Indian children eligible under section 9116 and who were enrolled in the schools of the agency, and to whom the agency provided free public education, during the preceding fiscal year

(A) was at least 10; or

(B) constituted not less than 25 percent of the total number of individuals enrolled in the schools of such agen

(2) EXCLUSION.-The requirement of paragraph (1) shall not apply in Alaska, California, or Oklahoma, or with respect to any local educational agency located on, or in proximity to, a reservation.

(b) INDIAN TRIBES.

(1) IN GENERAL.—If a local educational agency that is eligible for a grant under this subpart does not establish a parent committee under section 9114(c)(4) for such grant, an Indian tribe that represents no less than one-half of the eligible Indian children who are served by such local educational agency may apply for such grant.

(2) SPECIAL RULE.-The Secretary shall treat each Indian tribe applying for a grant pursuant to paragraph (1) as if such