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25 U.S.C. § 2902 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2902 — Definitions

For purposes of this chapter— (1) The term “Native American” means an Indian, Native Hawaiian, or Native American Pacific Islander. (2) The term “Indian” has the meaning given to such term under [section 7491(3) of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7491/3&num=0&edition=prelim). (3) The term “Native Hawaiian” has the meaning given to such term by [section 7517 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7517&num=0&edition=prelim). (4) The term “Native American Pacific Islander” means any descendent of the aboriginal people of any island in the Pacific Ocean that is a territory or possession of the United States. (5) The terms “Indian tribe” and “tribal organization” have the respective meaning given to each of such terms under [section 5304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim). (6) The term “Native American language” means the historical, traditional languages spoken by Native Americans. (7) The term “traditional leaders” includes Native Americans who have special expertise in Native American culture and Native American languages. (8) The term “Indian reservation” has the same meaning given to the term “reservation” under [section 1452 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1452&num=0&edition=prelim).

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Source location: Title 25, Chapter 31, § 2902; chapter-031-native-american-languages.md

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6301 — Agreements and records

**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process. **(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.

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25 U.S.C. § 5304 — Authorization of appropriations

**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter. **(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1452 — Livestock loans; cash settlements

All acceptances of cash settlements by the Commissioner of Indian Affairs for livestock lent by the United States to any individual Indian, or to any tribe, association, corporation, or other group of Indians, and all sales and relending of livestock repaid in kind to the United States on account of such loans are authorized and ratified: Provided, That on and after May 24, 1950, the value of such livestock for the purposes of any such cash settlement shall be based on prevailing market prices in the area and shall be ascertained by a committee composed of three members, one of whom shall be selected by the superintendent of the particular agency, one of whom shall be selected by the chairman of the tribal council, and one of whom shall be selected by the other two members.

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20 U.S.C. § 7517 — Definitions

In this part: (1) **Community consultation** — The term “community consultation” means a public gathering— (A) to discuss Native Hawaiian education concerns; and (B) about which the public has been given not less than 30 days notice. (2) **Native Hawaiian** — The term “Native Hawaiian” means any individual who is— (A) a citizen of the United States; and (B) a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii, as evidenced by— (i) genealogical records; (ii) Kupuna (elders) or Kamaaina (long-term community residents) verification; or (iii) certified birth records. (3) **Native Hawaiian community-based organization** — The term “Native Hawaiian community-based organization” means any organization that is composed primarily of Native Hawaiians from a specific community and that assists in the social, cultural, and educational development of Native Hawaiians in that community. (4) **Native Hawaiian educational organization** — The term “Native Hawaiian educational organization” means a private nonprofit organization that— (A) serves the interests of Native Hawaiians; (B) has Native Hawaiians in substantive and policymaking positions within the organization; (C) incorporates Native Hawaiian perspective, values, language, culture, and traditions into the core function of the organization; (D) has demonstrated expertise in the education of Native Hawaiian youth; and (E) has demonstrated expertise in research and program development. (5) **Native Hawaiian language** — The term “Native Hawaiian language” means the single Native American language indigenous to the original inhabitants of the State of Hawaii. (6) **Native Hawaiian organization*

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7012 — Definitions

Except as otherwise provided, in this subchapter: (1) **Child** — The term “child” means any individual aged 3 through 21. (2) **Community-based organization** — The term “community-based organization” means a private nonprofit organization of demonstrated effectiveness, Indian tribe, or tribally sanctioned educational authority, that is representative of a community or significant segments of a community and that provides educational or related services to individuals in the community. Such term includes a Native Hawaiian or Native American Pacific Islander native language educational organization. (3) **Eligible entity** — The term “eligible entity” means— (A) one or more local educational agencies; or (B) one or more local educational agencies, in consortia or collaboration with an institution of higher education, educational service agency, community-based organization, or State educational agency. (4) **English learner with a disability** — The term “English learner with a disability” means an English learner who is also a child with a disability, as that term is defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim). (5) **Immigrant children and youth** — The term “immigrant children and youth” means individuals who— (A) are aged 3 through 21; (B) were not born in any State; and (C) have not been attending one or more schools in any one or more States for more than 3 full academic years. (6) **Indian tribe** — The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Native village or Regional Corporation or Village Corporation as defined in or established pursuant to the Alaska Native Claims Settleme

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20 U.S.C. § 7401 — Definitions

For the purposes of this part: (1) **Adult** — The term “adult” means an individual who— (A) has attained the age of 16 years; or (B) has attained an age that is greater than the age of compulsory school attendance under an applicable State law. (2) **Free public education** — The term “free public education” means education that is— (A) provided at public expense, under public supervision and direction, and without tuition charge; and (B) provided as elementary or secondary education in the applicable State or to preschool children. (3) **Indian** — The term “Indian” means an individual who is— (A) a member of an Indian tribe or band, as membership is defined by the tribe or band, including— (i) any tribe or band terminated since 1940; and (ii) any tribe or band recognized by the State in which the tribe or band resides; (B) a descendant, in the first or second degree, of an individual described in subparagraph (A); (C) considered by the Secretary of the Interior to be an Indian for any purpose; (D) an Eskimo, Aleut, or other Alaska Native; or (E) a member of an organized Indian group that received a grant under the Indian Education Act of 1988 as in effect the day preceding October 20, 1994. (4) **Traditional leaders** — The term “traditional leaders” has the meaning given the term in [section 2902 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2902&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7472 — Native American language resource centers

**(a) Purpose** The purpose of this Act is to further align the resources provided by the Department of Education with the policies set forth in the Native American Languages Act ([25 U.S.C. 2901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2901&num=0&edition=prelim) et seq.) through establishment of a program within the Department of Education to support 1 or more Native American language resource centers. **(b) In general** The Secretary of Education is authorized to make a grant to, or enter into a contract with, an eligible entity for the purpose of— (1) establishing, strengthening, and operating a Native American language resource center; and (2) staffing the center with individuals with relevant expertise and experience, including staff who speak American Indian and Alaska Native languages and the Native Hawaiian language and have worked in language education in the American Indian and Alaska Native languages and the Native Hawaiian language in a preschool, elementary school, secondary school, adult education, or higher education program. **(c) Authorized activities** The Native American language resource center established under subsection (b) shall carry out activities to— (1) improve the capacity to teach and learn Native American languages; (2) further Native American language use and acquisition; (3) preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages in furtherance of— (A) the policies set forth in the Native American Languages Act ([25 U.S.C. 2901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2901&num=0&edition=prelim) et seq.); and (B) the United States trust responsibility to Native American communities;

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7801 — Definitions

Except as otherwise provided, in this chapter: (1) **Average daily attendance** (A) *In general* — Except as provided otherwise by State law or this paragraph, the term “average daily attendance” means— (i) the aggregate number of days of attendance of all students during a school year; divided by (ii) the number of days school is in session during that year. (B) *Conversion* — The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data). (C) *Special rule* — If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this chapter— (i) consider the child to be in attendance at a school of the agency making the payment; and (ii) not consider the child to be in attendance at a school of the agency receiving the payment. (D) *Children with disabilities* — If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim), the Secretary shall, for the purpose of this chapter, consider the child to be in attendance at a school of the agency making the payment. (2) **Average per-pupil expenditure** — The term “average per-pupil expenditure” means, in the case of a State or of the United States— (A) without regard to the source o

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25 U.S.C. § 2902 — Definitions

Page 527 TITLE 25—INDIANS § 2904 SHORT TITLE Pub. L. 101–477, title I, § 101, Oct. 30, 1990, 104 Stat. 1153, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Native American Languages Act’.’’ § 2902. Definitions For purposes of this chapter— (1) The term ‘‘Native American’’ means an Indian, Native Hawaiian, or Native American Pacific Islander. (2) The term ‘‘Indian’’ has the meaning given to such term under section 7491(3) of title 20. (3) The term ‘‘Native Hawaiian’’ has the meaning given to such term by section 7517 of title 20. (4) The term ‘‘Native American Pacific Is- lander’’ means any descendent of the aborigi- nal people of any island in the Pacific Ocean that is a territory or possession of the United States. (5) The terms ‘‘Indian tribe’’ and ‘‘tribal or- ganization’’ have the respective meaning given to each of such terms under section 5304 of this title. (6) The term ‘‘Native American language’’ means the historical, traditional languages spoken by Native Americans. (7) The term ‘‘traditional leaders’’ includes Native Americans who have special expertise in Native American culture and Native Amer- ican languages. (8) The term ‘‘Indian reservation’’ has the same meaning given to the term ‘‘reservation’’ under section 1452 of this title. (Pub. L. 101–477, title I, § 103, Oct. 30, 1990, 104 Stat. 1154; Pub. L. 104–109, § 11, Feb. 12, 1996, 110 Stat. 765; Pub. L. 107–110, title VII, § 702(f), Jan. 8, 2002, 115 Stat. 1947; Pub. L. 114–95, title IX, § 9215(iii), Dec. 10, 2015, 129 Stat. 2187.) Editorial Notes AMENDMENTS 2015—Par. (2). Pub. L. 114–95, § 9215(iii)(1), made tech- nical amendment to reference in original act which ap- pears in text as reference to section 7491(3) of title 20. Par. (3). Pub. L.

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