members available to any State shall bear the same ratio to the number being allocated as the number of children enrolled in the public and private elementary and secondary schools of that State bears to the total number of children so enrolled in such schools in all of the States. The number of children so enrolled shall be determined by the Commissioner on the basis of the most recent satisfactory data available to him. For purposes of this subsection, the term "State" shall not include Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Trust Territory of the Pacific Islands."

(3) If the Commissioner determines that a State will not require the number of Teacher Corps members allocated to it under paragraph (2), he shall, from time to time, reallot the number not required, on such dates as he may fix, to other States in proportion to the original allocation to such States under paragraph (2), but with such proportionate number for any of such other States being reduced to the extent it exceeds the number the Commissioner determines such State needs and will be able to use for such year; and the total of such reductions shall be similarly reallocated among the States whose proportionate numbers were not so reduced.

(d) A local educational agency may utilize members of the Teacher Corps assigned to it in providing, in the manner described in section 205(a) (2) of Public Law 874, Eighty-first Congress, as amended, educational services in which children enrolled in private elementary and secondary schools can participate.

(20 U.S.C. 1103) Enacted Nov. 8, 1965, P.L. 89-329, Title V, sec. 513, 79 Stat. 1256; amended June 29, 1967, P.L. 90-35, sec. 9(a), (c), (f), 81 Stat. 85, 86; sec. 513 (c) (2) amended Apr. 13, 1970, P.L. 91-230, sec. 803, 84 Stat. 190; sec. 513 (a) amended Apr. 13, 1970, P.L. 91-230, sec. 804 (c), 84 Stat. 190; and further amended Apr. 13, 1970, P.L. 91-230, sec. 805 (b), 84 Stat. 191; amended August 21, 1974, P.L. 93-380, sec. 835 (a) (2), 88 Stat. 605.

HIGHER EDUCATION ACT (NOVEMBER 8, 1965) PUBLIC LAW 89-329 AS AMENDED THROUGH PUBLIC LAW 93-380

TITLE V-EDUCATION PROFESSIONS DEVELOPMENT

Part D-Improving Training Opportunities for Personnel Serving in Programs of Education Other Than Higher Education

SEC. 532. Of the sums made available for the purposes of this part, not less than 5 per centum shall be used for grants to, and contracts with, institutions of higher education and other public and private nonprofit agencies and organizations for the purpose of preparing persons to serve as teachers of children living on reservations serviced by elementary and secondary schools for Indian children operated or supported by the Department of the Interior, including public and

1

1 Provision also cited under Part E, section 451 (b) of the Indian Education Act, p. 13.

63-794-76- -5

private schools operated by Indian tribes and by nonprofit institutions and organizations of Indian tribes. In carrying out the provisions of this section, preference shall be given to the training of Indians.

(20 U.S.C. 1119a) Enacted June 23, 1972, P.L. 92-318, sec. 451 (b), 86 Stat. 344.

ADULT EDUCATION ACT (NOVEMBER 3, 1966), PUBLIC LAW 89-750, TITLE III AS AMENDED THROUGH PUBLIC LAW 93-380

SECTION 314-IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR ADULT INDIANS

(Note.-Section 314 was added to the Adult Education Act by section 431 of the Indian Education Act. See p. 10 for the text of this legislation.)

PART II-LEGISLATION ADMINISTERED WITHIN THE

DEPARTMENT OF THE INTERIOR

SUBPART A-STATUTE CITATIONS CONCERNING EDUCATION

SNYDER ACT OF 1921 (NOVEMBER 2, 1921) PUBLIC LAW 85, 67TH CONGRESS

AN ACT Authorizing appropriations and expenditures for the administration of Indian affairs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Bureau of Indian Affairs, under the supervision of the Secretary of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians throughout the United States for the following purposes:

General support and civilization, including education.

For relief of distress and conservation of health.

For industrial assistance and advancement and general administration of Indian property.

For extension, improvement, operation, and maintenance of existing Indian irrigation systems and for development of water supplies. For the enlargement, extension, improvement, and repair of the buildings and grounds of existing plants and projects.

For the employment of inspectors, supervisors, superintendents, clerks, field matrons, farmers, physicians, Indian police, Indian judges, and other employees.

For the suppression of traffic in intoxicating liquor and deleterious drugs.

For the purchase of horse-drawn and motor-propelled passengercarrying vehicles for official use.

And for general and incidental expenses in connection with the administration of Indian affairs.

(25 U.S.C. 13) Enacted November 2, 1921, P.L. 85, 67th Cong., 42 Stat. 208. JOHNSON-O'MALLEY ACT (APRIL 16, 1934) PUBLIC LAW 167, 73RD CONGRESS AS AMENDED THROUGH PUBLIC LAW 93-638

AN ACT Authorizing the Secretary of the Interior to arrange with States or Territories for the education, medical attention, relief of distress, and social welfare of Indians, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and hereby is, authorized, in his discretion, to enter into a contract or contracts with any State or Territory, or political subdivision thereof, or with any State university, college, or school,

or with any appropriate State or private corporation, agency, or institution, for the education, medical attention, agricultural assistance, and social welfare, including relief of distress, of Indians in such State or Territory, through the agencies of the State or Territory or of the corporations and organizations hereinbefore named, and to expend under such contract or contracts, moneys appropriated by Congress for the education, medical attention, agricultural assistance, and social welfare, including relief of distress, of Indians in such State or Territory.

SEC. 2. That the Secretary of the Interior, in making any contract herein authorized, may permit such contracting party to utilize, for the purposes of this Act, existing school buildings, hospitals, and other facilities, and all equipment therein or appertaining thereto, including livestock and other personal property owned by the Government, under such terms and conditions as may be agreed upon for their use and maintenance.

SEC. 3. That the Secretary of the Interior is hereby authorized to perform any and all acts and to make such rules and regulations, including minimum standards of service, as may be necessary and proper for the purpose of carrying the provisions of this Act into effect: Provided, That such minimum standards of service are not less than the highest maintained by the States or Territories within which said contract or contracts, as herein provided, are to be effective.

SEC. 4. The Secretary of the Interior shall not enter into any contract for the education of Indians unless the prospective contractor has submitted to, and has had approved by the Secretary of the Interior, an education plan, which plan, in the determination of the Secretary, contains educational objectives which adequately address the educational needs of the Indian students who are to be beneficiaries of the contract and assures that the contract is capable of meeting such objectives: Provided, That where students other than Indian students participate in such programs, money expended under such contract shall be prorated to cover the participation of only the Indian students. SEC. 5. (a) Whenever a school district affected by a contract or contracts for the education of Indians pursuant to this Act has a local school board not composed of a majority of Indians, the parents of the Indian children enrolled in the school or schools affected by such contract or contracts shall elect a local committee from among their number. Such committee shall fully participate in the development of, and shall have the authority to approve or disapprove programs to be conducted under such contract or contracts, and shall carry out such other duties, and be so structured, as the Secretary of the Interior shall by regulation provide: Provided, however, That, whenever a local Indian committee or committees established pursuant to section 305 (b) (2) (B) (ii) of the Act of June 23, 1972 (86 Stat. 235) or an Indian advisory school board or boards established pursuant to this Act prior to the date of enactment of this section exists in such school district, such committee or board may, in the discretion of the affected tribal governing body or bodies, be utilized for the purposes of this section. (b) The Secretary of the Interior may, in his discretion, revoke

any contract if the contractor fails to permit a local committee to perform its duties pursuant to subsection (a).

SEC. 6. Any school district educating Indian students who are members of recognized Indian tribes, who do not normally reside in the State in which such school district is located, and who are residing in Federal boarding facilities for the purposes of attending public schools within such district may, in the discretion of the Secretary of the Interior, be reimbursed by him for the full per capita costs of educating such Indian students.

(25 U.S.C. 452-457) Enacted April 16, 1934, P.L. 167, 73rd Cong., 48 Stat. 596; amended June 4, 1936, P.L. 638, 74th Cong., 49 Stat. 1458; amended June 29, 1960, P.L. 86-533, 74 Stat. 248; amended Jan. 4, 1975, P.L. 93-638, 88 Stat. 2217.

INDIAN ADULT VOCATIONAL EDUCATION, PUBLIC LAW 959, 84TH CONGRESS (AUGUST 3, 1956) AS AMENDED THROUGH PUBLIC LAW 90-252

Relative to employment for certain adult Indians on or near Indian reservations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to help adult Indians who reside on or near Indian reservations to obtain reasonable and satisfactory employment, the Secretary of the Interior is authorized to undertake a program of vocational training that provides for vocational counseling or guidance, institutional training in any recognized vocation or trade, apprenticeship, and on-the-job training, for periods that do not exceed twenty-four months, and for nurses' training, for periods that do not exceed thirty-six months, transportation to the place of training, and subsistence during the course of training. The program shall be available primarily to Indians who are not less than eighteen and not more than thirty-five years of age and who reside on or near an Indian reservation, and the program shall be conducted under such rules and regulations as the Secretary may prescribe. For the purposes of this program the Secretary is authorized to enter into contracts or agreements with any Federal, State, or local governmental agency, or with any private school which has a recognized reputation in the field of vocational education and has successfully obtained employment for its graduates in their respective fields of training, or with any corporation or association which an existing apprenticeship or on-the-job training program which is recognized by industry and labor as leading to skilled employment, or with any school of nursing offering a threeyear course of study leading to a diploma in nursing which is accredited by a recognized body or bodies approved for such purpose by the Secretary.

SEC. 2. There is authorized to be appropriated for the purposes of this Act the sum of $25,000,000 for each fiscal year, and not to exceed $1,500,000 of such sum shall be available for administrative purposes.

(25 U.S.C. 309-309a) Enacted Aug. 3, 1956, P.L. 959, 84th Cong., 70 Stat. 986; amended Sept. 22, 1961, P.L. 87-273, 75 Stat. 571; amended Dec. 23, 1963, P.L. 88-230, 77 Stat. 471; amended Apr. 22, 1965, P.L. 89-14, 79 Stat. 74; amended Feb. 3, 1968, P.L. 90-252, 82 Stat. 4.