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25 U.S.C. § 1802 — Definitions

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

25 U.S.C. § 1802 — Definitions

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Source location: Title 25, Chapter 20, § 1802; chapter-020-tribally-controlled-colleges-and-universities-assistance.md

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**(a)** For purposes of this chapter, the term— (1) “Indian” means a person who is a member of an Indian tribe; (2) “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village corporation as defined in or established pursuant to the Alaskan Native Claims Settlement Act [[43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; (3) “Secretary”, unless otherwise designated, means the Secretary of the Interior; (4) “tribally controlled college or university” means an institution of higher education which is formally controlled, or has been formally sanctioned, or chartered, by the governing body of an Indian tribe or tribes, except that no more than one such institution shall be recognized with respect to any such tribe; (5) “institution of higher education” means an institution of higher education as defined by section 1001 11 So in original. Probably should be section “1001(a)”. of title 20, except that clause (2) of such section shall not be applicable and the reference to Secretary in clause (5)(A) 22 So in original. Probably should be “(5)”. of such section shall be deemed to refer to the Secretary of the Interior; (6) “national Indian organization” means an organization which the Secretary finds is nationally based, represents a substantial Indian constituency, and has expertise in the fields of tribally controlled colleges and universities and Indian higher education; (7) “Indian student” means a student who is— (A) a member of an Indian tribe; or (B) a biological child of a member of an Indian tribe, living or deceased; (8) “Indian student count” means a number equal to the total number of Indian students enrolled in each tribally controlled college or university, determined in a manner consistent with subsection (b) of this section on the basis of the quotient of the sum of the credit hours of all Indian students so enrolled, divided by twelve; and (9) “satisfactory progress toward a degree or certificate” has the meaning given to such term by the institution at which the student is enrolled. **(b)** The following conditions shall apply for the purpose of determining the Indian student count pursuant to subsection (a)(8): (1) Such number shall be calculated on the basis of the registrations of Indian students as in effect at the conclusion of the third week of each academic term. (2) Credits earned in classes offered during a summer term shall be counted toward the computation of the Indian student count in the succeeding fall term. (3) Credits earned by any student who has not obtained a high school degree or its equivalent shall be counted toward the computation of the Indian student count if the institution at which the student is in attendance has established criteria for the admission of such student on the basis of the student’s ability to benefit from the education or training offered. The institution shall be presumed to have established such criteria if the admission procedures for such studies include counseling or testing that measures the student’s aptitude to successfully complete the course in which the student has enrolled. No credits earned by such student for purposes of obtaining a high school degree or its equivalent shall be counted toward the computation of the Indian student count. (4) Indian students earning credits in any continuing education program of a tribally controlled college or university shall be included in determining the sum of all credit hours. (5) Eligible credits earned in a continuing education program— (A) shall be determined as one credit for every ten contact hours in the case of an institution on a quarter system, or 15 contact hours in the case of an institution on a semester system, of participation in an organized continuing education experience under responsible sponsorship, capable direction, and qualified instruction, as described in the criteria established by the International Association for Continuing Education and Training; and (B) shall be limited to ten percent of the Indian student count of a tribally controlled college or university.

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

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. § 1001 — General definition of institution of higher education

**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim); (2) is legally authorized within such State to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. **(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes— (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re

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

43 U.S.C. § 1601 — Congressional findings and declaration of policy

Congress finds and declares that— **(a)** there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims; **(b)** the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges, or obligations, without creating a reservation system or lengthy wardship or trusteeship, and without adding to the categories of property and institutions enjoying special tax privileges or to the legislation establishing special relationships between the United States Government and the State of Alaska; **(c)** no provision of this chapter shall replace or diminish any right, privilege, or obligation of Natives as citizens of the United States or of Alaska, or relieve, replace, or diminish any obligation of the United States or of the State or 11 So in original. Probably should be “of”. Alaska to protect and promote the rights or welfare of Natives as citizens of the United States or of Alaska; the Secretary is authorized and directed, together with other appropriate agencies of the United States Government, to make a study of all Federal programs primarily designed to benefit Native people and to report back to the Congress with his recommendations for the future management and operation of these programs within three years of December 18, 1971; **(d)** no provision of this chapter shall constitute a precedent for reopening, renegotiating, or legislating upon any past settlement involving land claims or other matters with any Native organizations, or any

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

25 U.S.C. § 640c — Omitted

### Statutory Notes #### Codification Section, Pub. L. 92–189, § 4, Dec. 15, 1971, 85 Stat. 646; Pub. L. 95–471, title II, § 203(a), Oct. 17, 1978, 92 Stat. 1330; Pub. L. 101–477, § 2(b), Oct. 30, 1990, 104 Stat. 1153; Pub. L. 110–315, title IX, § 946(c), Aug. 14, 2008, 122 Stat. 3468, which directed the Secretary of the Interior to conduct a detailed survey and study of the academic facilities needs of Diné College and to report to Congress the results of such survey and study, was omitted from the Code as being of special and not general application.

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

20 U.S.C. § 2354 — Tribally controlled postsecondary career and technical institutions

**(a) Grant program** Subject to the availability of appropriations, the Secretary shall make grants under this section, to provide basic support for the education and training of Indian students, to tribally controlled postsecondary career and technical institutions that are not receiving Federal assistance as of the date on which the grant is provided under— (1) title I of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ([25 U.S.C. 1802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1802&num=0&edition=prelim) et seq.); or (2) the Navajo Community College Act (Public Law 92–189; 85 Stat. 646). **(b) Uses of grants** Amounts made available under this section shall be used for career and technical education programs for Indian students and for the institutional support costs of the grant, including the expenses described in subsection (e). **(c) Amount of grants** (1) **In general** — If the sums appropriated for any fiscal year for grants under this section are not sufficient to pay in full the total amount which approved applicants are eligible to receive under this section for such fiscal year, the Secretary shall first allocate to each such applicant who received funds under this part for the preceding fiscal year an amount equal to 100 percent of the product of the per capita payment for the preceding fiscal year and such applicant’s Indian student count for the current program year, plus an amount equal to the actual cost of any increase to the per capita figure resulting from inflationary increases to necessary costs beyond the institution’s control. (2) **Per capita determination** — For the purposes of paragraph (1), the per capita payment for any fiscal year shall be determined by dividing the amount

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

25 U.S.C. § 1802 — Purpose

Page 373 TITLE 25—INDIANS § 1803 tion 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education. SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–428, § 1, Sept. 30, 1986, 100 Stat. 982, provided that: ‘‘This Act [amending this section and sections 640c–1, 1808 to 1810, 1812, 1813, and 1836 of this title] may be cited as the ‘Tribally Controlled Community College Assistance Amendments of 1986’.’’ SHORT TITLE Pub. L. 95–471, § 1, Oct. 17, 1978, 92 Stat. 1325, as amended by Pub. L. 105–244, title IX, § 901(b)(1), Oct. 7, 1998, 112 Stat. 1827; Pub. L. 110–315, title IX, § 941(k)(1), Aug. 14, 2008, 122 Stat. 3465, provided that: ‘‘This Act [enacting this chapter and section 640c–1 of this title, amending section 640c of this title, and enacting provi- sions set out as notes under sections 640a and 640c–1 of this title] may be cited as the ‘Tribally Controlled Col- leges and Universities Assistance Act of 1978’.’’ Pub. L. 95–471, title IV, § 401, as added by Pub. L. 101–392, title III, § 312, Sept. 25, 1990, 104 Stat. 804, pro- vided that: ‘‘This title [enacting subchapter III of this chapter] may be cited as the ‘Tribal Economic Develop- ment and Technology Related Education Assistance Act of 1990’.’’ ADDITIONAL CONFORMING AMENDMENTS Pub. L. 105–244, title IX, § 901(c), Oct. 7, 1998, 112 Stat. 1828, provided that: ‘‘(1) RECOMMENDED LEGISLATION.—The Secretary of Education shall prepare and submit to Congress rec- ommended legislation containing technical and con- forming amendments to reflect the changes made by subsection (b) [see Tables for classification]. ‘‘(2) SUBMISSION TO CONGRESS.—Not later than 6 months after the effective date of this title [see section 3 of Pub. L. 105–244, set out as an Effective Date of 1998 Amendment no

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

43 U.S.C. § 1601 — Congressional findings and declaration of

Page 434 TITLE 43—PUBLIC LANDS § 1600l 1 So in original. Probably should be ‘‘of’’. § 1600l. Authorization of appropriations There is authorized to be appropriated to the Department of the Interior $600,000, through the end of fiscal year 1990, in addition to any other funds now available to the Department to dis- charge its duties to implement sections 1600b to 1600k of this title and section 4029 of title 42: Provided, That by mutual agreement, such funds shall be made available to the Federal Emer- gency Management Agency to discharge its du- ties under section 4029 of title 42: Provided fur- ther, That the provisions of sections 1600d and 1600e of this title shall not be affected by this section: And Provided further, in addition, Indian tribes may be eligible under Public Law 93–638 [25 U.S.C. 5301 et seq.] to contract for studies of Indian lands required under the provisions of this chapter. (Pub. L. 99–450, § 15, Oct. 8, 1986, 100 Stat. 1136.) Editorial Notes REFERENCES IN TEXT Public Law 93–638, referred to in text, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to chapter 46 (§ 5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic

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