INTRODUCTION

This "Compilation of Federal Laws Authorizing Education Assistance Explicitly for American Indians and Other Native Americans" represents an attempt to compile a current listing of all Federal laws which expressly provide educational assistance or services for American Indians and other native American children or adults (hereafter collectively considered under the term "American Indians"). This document is intended to be a compact guide to the various Federal laws concerning Indian education; however, it is not intended to express either Congressional approval or disapproval concerning the effectiveness or present relevancy of any of these provisions of law.

To be included in this Compilation, Federal legislation had to be explicitly directed, in whole or in part, to the education of American Indians. In cases where only one or two sections of otherwise general education legislation specifically pertain to American Indians, the decision was made to include only such specific sections and not the entire text of such legislation. Thus, for example, Section 103 (a) of Title I of the Elementary and Secondary Education Act ESEA, as amended, is included in this Compilation because of an allotment to the Department of the Interior for use in the Federal Indian schools and for the benefit of certain out-of-State Indian students. However,.. the remaining sections of the ESEA Title I legislation which benefit "educationally deprived children" are not included. Similarly, not included in this Compilation are the numerous Federal education laws which contain no specific Indian provisions but which have broad categorical purposes, such as providing "student financial aid for higher education," for which one does not have to be "Indian" in order to qualify or participate. The complete text of such general education laws is provided in the joint House and Senate committee print, “A Compilation of Federal Education Laws, As Amended through December 31, 1974" (U.S. Government Printing Office, February 1975). The various legislative authorities included in this Compilation are broadly organized according to legislation administered within the Department of Health, Education and Welfare (Part I) and legislation administered within the Department of the Interior (Part II). Part II is further subdivided into three subparts: Statute Citations Concerning Education (Subpart A), Selected Primary United States Code Citations Concerning Education (Subpart B), and Additional United States Code Citations Concerning Education (Subpart C). Whenever possible a legislative authority which is included in this Compilation is cited in statutory form based on the United States. Statutes at Large. Nevertheless, a number of the Department of the Interior education citations appear in codified rather than statutory form. Specifically, the citations under Subparts B and C of Part II are taken from the United States Code, 1970 edition supplemented through 1974.

(XI)

Concerning the United States Code citations, an explanation and word of caution is perhaps in order. Much of the present day legislative authority for Indian affairs including Indian education had its origins in statutes of the 19th and early 20th centuries. In many cases, these statutes contained specific provisions which have long since been carried out. In other instances, particular legislative provisions, although never formally repealed, are now obsolete as a result of the passage of more comprehensive legislation or changing conditions and the passage of time. Yet, in certain cases, provisions in otherwise obsolete legislation still remain as the legal basis for contemporary activities. Thus, for example, one sentence out of a multi-section, 1834 Act is still cited as legislative authority for Indian tribes to hire teachers.

The kinds of problems and complexities that arise with many of the Indian statutes are the type acknowledged in the preface to the 1970 edition of the United States Code which states in part that

... many of the general and permanent laws which are required to be incorporated in this code are inconsistent, redundant, and obsolete.

It should be noted that over the past several decades 17 of the 50 titles of the United States Code have been revised and enacted into positive law. These 17 titles are now legal evidence of the law and the courts receive them as proof of the law. Eventually, it is anticipated that all the titles of the Code will be so revised and enacted into positive law. To date, Title 25-Indians-has not been among the titles revised and enacted into positive law. However, within the past year one of the task forces of the American Indian Policy Review Commission (Public Law 93-580) has been examining the question of the revision and codification of Indian law. Specifically, the Task Force on Consolidation, Revision and Codification of Indian Law is reviewing the various titles of the United States Code, but especially Title 25, for the purposes of determining areas of conflict, ambiguity, or inadequacy in existing law and for recommending changes in the law where appropriate.

Finally, it should be noted that no attempt has been made to research the treaties and agreements made by the United States and the various Indian tribes between 1778 and 1883 for any specific education provisions. The text of particular treaties or agreements can be found in Charles J. Kappler, "Indian Affairs, Laws and Treaties-Treaties" (vol. 2).

PART I-LEGISLATION ADMINISTERED WITHIN THE DEPARTMENT OF HEALTH, EDUCATION, AND WEL

FARE

INDIAN EDUCATION ACT (JUNE 23, 1972) PUBLIC LAW 92318, TITLE IV AS AMENDED THROUGH PUBLIC LAW 93-380

TITLE IV. INDIAN EDUCATION

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

SEC. 411. (a) The Act of September 30, 1950 (Public Law 874. Eighty-first Congress), is amended by redesignating title III as title IV as sections 401 through 403, respectively, and by adding after title II the following new title:

"TITLE III-FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR THE EDUCATION OF INDIAN CHILDREN

"SHORT TITLE

"SEC. 301. This title may be cited as the 'Indian Elementary and Secondary School Assistance Act.'

Enacted June 23, 1972, P.L. 92-318, sec. 411, 86 Stat. 334.

"DECLARATION OF POLICY

"SEC. 302. (a) In recognition of the special educational needs of Indian students in the United States, Congress hereby declares it to be the policy of the United States to provide financial assistance to local educational agencies to develop and carry out elementary and secondary school programs specially designed to meet these special educational needs.

"(b) The Commissioner shall, in order to effectuate the policy set forth in subsection (a), carry out a program of making grants to local educational agencies which are entitled to payments under this title and which have submitted, and had approved, applications therefor, in accordance with the provisions of this title.

(20 U.S.C. 241aa) Enacted June 23, 1972, P.L. 92-318, sec. 411, 86 Stat. 334.

"GRANTS TO LOCAL EDUCATIONAL AGENCIES

"SEC. 303. (a) (1) For the purpose of computing the amount to which a local educational agency is entitled under this title for any fiscal year ending prior to July 1, 1978, the Commissioner shall determine the number of Indian children who were enrolled in the schools of a local educational agency, and for whom such agency provided free public education, during such fiscal year.

"(2) (A) The amount of the grant to which a local educational agency is entitled under this title for any fiscal year shall be an amount equal to (i) the average per pupil expenditure for such agency (as determined under subparagraph (C)) multiplied by (ii) the sum of the number of children determined under paragraph (1).

"(B) A local educational agency shall not be entitled to receive a grant under this title for any fiscal year unless the number of children under this subsection, with respect to such agency, is at least ten or constitutes at least 50 per centum of its total enrollment. The requirements of this subparagraph shall not apply to any such agencies serving Indian children in Alaska, California, and Oklahoma or located on, or in proximity to, an Indian reservation.

"(C) For the purposes of this subsection, the average per pupil expenditure for a local educational agency shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all of the local educational agencies in the State in which such agency is located, plus any direct current expenditures by such State for the operation of such agencies (without regard to the sources of funds from which either of such expenditures are made), divided by the aggregate number of children who were in average daily enrollment for whom such agencies provided free public education during such preceding fiscal year.

"(b) In addition to the sums appropriated for any fiscal year for grants to local educational agencies under this title, there is hereby authorized to be appropriated for any fiscal year an amount not in excess of 10 per centum of the amount appropirated for payments on the basis of entitlements computed under subsection (a) for that fiscal year, for the purpose of enabling the Commissioner to provide financial assistance to schools on or near reservations which are not local educational agencies or have not been local educational agencies for more than three years, in accordance with the appropriate provisions of this title.

(20 U.S.C. 241bb) Enacted June 23, 1972, P.L. 92-318, sec. 411, 86 Stat. 335 ; amended August 21, 1974, P.L. 93-380, sec. 631 (b), 88 Stat. 585.

"USES OF FEDERAL FUNDS

"SEC. 304. Grants under this title may be used, in accordance with applications approved under section 305, for

"(1) planning for and taking other steps leading to the development of programs specifically designed to meet the special educational needs of Indian children, including pilot projects designed to test the effectiveness of plans so developed; and

"(2) the establishment, maintenance, and operation of programs, including, in accordance with special regulations of the