SEC. 207. (a) (1) Within six months from the date of enactment of this Act, the Secretary shall, to the extent practicable, consult with national and regional Indian organizations with experiences in Indian education to consider and formulate appropriate rules and regulations to implement the provisions of this title.

(2) Within seven months from the date of enactment of this Act, the Secretary shall present the proposed rules and regulations to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives.

(3) Within eight months from the date of enactment of this Act, the Secretary shall publish proposed rules and regulations in the Federal Register for the purpose of receiving comments from interested parties.

(4) Within ten months from the date of enactment of this Act, the Secretary shall promulgate rules and regulations to implement the provisions of this title.

(b) The Secretary is authorized to revise and amend any rules or regulations promulgated pursuant to subsection (a) of this section: Provided, That prior to any revision or amendment to such rules or regulations the Secretary shall, to the extent practicable, consult with appropriate national and regional Indian organizations, and shall publish any proposed revisions in the Federal Register not less than sixty days prior to the effective date of such rules and regulations in order to provide adequate notice to, and receive comments from, other interested parties.

SEC. 208. The Secretary is authorized and directed to provide funds, pursuant to this Act: the Act of April 16, 1934 (48 Stat. 596), as amended: or any other authority granted to him to any tribe or tribal organization which controls and manages any previously private school. The Secretary shall transmit annually to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives a report on the educational assistance program conducted pursuant to this section.

SEC. 209. The assistance provided in this Act for the education of Indians in the public schools of any State is in addition and supplemental to assistance provided under title IV of the Act of June 23, 1972 (86 Stat. 235).

Enacted Jan. 4, 1975, P.L. 93-638, 88 Stat. 2217.

REORGANIZATION PLAN NO. 3 OF 19501

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949

DEPARTMENT OF THE INTERIOR

SECTION 1. Transfer of functions to the Secretary. (a) Except as otherwise provided in subsection (b) of this section, there are hereby transferred to the Secretary of the Interior all functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department.

'The Reorganization Plan No. 3 of 1950 transfers to the Secretary of the Interior all duties and authorities of the Commissioner of Indian Affairs.

b) This section mail not unir to the functions rested the 11ministrative Procedure Act 60 Fraz. 227 n hearing xxaminers emstored or the Department of the interior. or to the innctions of the Virgin Islands Corporation or of ts barn of tirectors or officers.

Sac. 2. Pegtornance of functions of freretary.— Tie Secretary of Le Interior nay from time to time make such provisions is he mad deem appropriate authorizing he performance any her oficer.

or any agency or amnioves, of the Department of the Lnterior of ant function of the Secretar, netuding any function transferred to the Secretary by the provisions of this reorganization pian.

Sec. 3. Assistant Secretary of te sterior - Ciera all be in the Department of the Interior one xiditional Assistant Secretary of the interior, who mail be appointed the President, and with ties

the advice and consent of the Senate, who mail perton sich as the Secretary of the Interior mail preserbe, and who mall receive compensation it the rate prescribed by law for Assistant Secretaries of Executive departments.

SEC. 4. Administrative Assistant Sveretary. Chere shall be in the Department of the Interior an Administrative Assistant Secretary of the Interior, who mail be appointed with the approval of the Presi dent, by the Secretary of the Enterior inder the passed ovû service, who shail perform fich duties as the Secretary of the Enterier shall prescribe, and who mail receive compensation at the rate of $14.000 per annum.

SEC. 5. Incidental transfers.-The Secretary of the Interior may from time to time efect such ansters within the Department of the Interior of any of the recor is, prmery, personnel, and unexpended balances (available or to be made available) of appropriations, allocations, and other funds of such Department as he may teem necessary in order to carry out the provisions of this reorganization plan. (Effective May 24, 1950.)

SUBPART B-SELECTED PRIMARY UNITED STATES CODE CITATIONS CONCERNING EDUCATION

UNITED STATES CODE, TITLE 25-INDIANS

CHAPTER 2-OFFICERS OF INDIAN AFFAIRS

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§ 47. Employment of Indian labor and purchase of products of Indian industry.

So far as may be practicable Indian labor shall be employed, and purchases of the products of Indian industry may be made in open market in the discretion of the Secretary of the Interior. (Apr. 30, 1908, ch. 153, 35 Stat. 71; June 25, 1910, ch. 431, § 23, 36 Stat. 861.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

CROSS REFERENCES

Standards for Indians appointed to Indian Office, see section 472 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 564h, 697, 747, 797, 843 of this title.

§ 48. Right of tribes to direct employment of persons engaged for them.

Where any of the tribes are, in the opinion of the Secretary of the Interior, competent to direct the employment of their blacksmiths, mechanics, teachers, farmers, or other persons engaged for them, the direction of such persons may be given to the proper authority of the tribes. (R.S. § 2072.)

DERIVATION

Act June 30, 1834, ch. 162, § 9, 4 Stat. 737.

UNITED STATES CODE, TITLE 25-INDIANS

CHAPTER 4-PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS

123. Expenditure from tribal funds without specifc appropriations.

No money shall be expended from Indma irital funds without speAlle appropriation by Congress except as follows. Equalization of allotments, education of Indian children in accordance with existing law, per capita and other payments, all of which are continued in full force and effect: Provided, That this shall not change existing law with reference to the Five Civilized Tribes. May 15, 1916, ch. 125, 27, 39 Stat. 158.)

CROSS REFERENCES

Insurance for protection of tribal property authorized to be paid for out of tribal funds, see section 123a of this title.

Trust funds on deposit in Treasury, see section 7258 of Title 31, Money and Finance, and note thereto.

SECTION REFERRED TO IN OTHER SECTIONS

This section referred to in section 155 of this title.

UNITED STATES CODE, TITLE 25-INDIANS

CHAPTER 6-GOVERNMENT OF INDIAN COUNTRY AND RESERVATIONS

§ 231. Enforcement of State laws affecting health and education; entry of State employees on Indian lands.

The Secretary of the Interior, under such rules and regulations as he may prescribe, shall permit the agents and employees of any State to enter upon Indian tribal lands, reservations, or allotments therein (1) for the purpose of making inspection of health and educational conditions and enforcing sanitation and quarantine regulations or (2) to enforce the penalties of State compulsory school attendance laws against Indian children, and parents, or other persons in loco parentis except that this subparagraph (2) shall not apply to Indians of any tribe in which a duly constituted governing body exists until such body has adopted a resolution consenting to such application. (Feb. 15, 1929, ch. 216, 45 Stat. 1185; Aug. 9, 1946, ch. 930, 60 Stat. 962.)

AMENDMENTS

1946-Act Aug. 9, 1946, permitted the proper State officers to invoke the penalties of State compulsory school attendance against Indian children, their parents, or other persons in loco parentis.

UNITED STATES CODE, TITLE 25-INDIANS

CHAPTER 7-EDUCATION OF INDIANS

§ 278a. Use of appropriated funds for education in sectarian schools prohibited; exceptions.

Funds appropriated on or after March 30, 1968, to the Secretary of the Interior for the education of Indian children shall not be used for the education of such children in elementary and secondary education programs in sectarian schools. This prohibition shall not apply to the education of Indians in accredited institutions of higher education and in other accredited schools offering vocational and technical training, but no scholarship aid provided for an Indian student shall require him to attend an institution or school that is not of his own free choice, and such aid shall be, to the extent consistent with sound administration, extended to the student individually rather than to the institution or school. (Pub. L. 90-280, § 2, Mar. 30, 1968, 82 Stat. 71.)

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§ 297. Expenditure for children with less than one-fourth Indian blood.

No appropriation, except appropriations made pursuant to treaties, shall be used to educate children of less than one-fourth Indian blood whose parents are citizens of the United States and of the State wherein they live and where there are adequate free school facilities provided. (May 25, 1918, ch. 86, § 1, 40 Stat. 564.)

EXCEPTION TO RESTRICTION

Interior Department Appropriation Act, 1923, act May 24, 1922, ch. 199, 42 Stat. 576, provided that the appropriation for aid to the common schools in the Cherokee, Creek, Choctaw, Chickasaw, and Seminole Nations and the Quapaw