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20 U.S.C. § 2353 — Native American programs

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

20 U.S.C. § 2353 — Native American programs

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Stable record: federal_law:legal_authorities:record_usc_f035a06106c448a04f308fb2
Source file: Laws/federal/codes/united-states-code/title-20/section-2353-native-american-programs--5613aaf092.md
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Source location: Title 20, Chapter 44, § 2353; chapter-044-career-and-technical-education.md

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**(a) Definitions** In this section: (1) **Alaska Native** — The term “Alaska Native” means a Native as such term is defined in [section 1602 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602&num=0&edition=prelim). (2) **Bureau-funded school** — The term “Bureau-funded school” has the meaning given the term in [section 2021 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2021&num=0&edition=prelim). (3) **Native Hawaiian** — The term “Native Hawaiian” means any individual any of whose ancestors were natives, prior to 1778, of the area which now comprises the State of Hawaii. (4) **Native Hawaiian organization** — The term “Native Hawaiian organization” has the meaning given the term in [section 7517 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7517&num=0&edition=prelim). **(b) Program authorized** (1) **Authority** — From funds reserved under [section 2321(a)(1)(B)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2321/a/1/B/i&num=0&edition=prelim), the Secretary shall make grants to or enter into contracts with Indian Tribes, Tribal organizations, and Alaska Native entities to carry out the authorized programs described in subsection (c), except that such grants or contracts shall not be awarded to secondary school programs in Bureau-funded schools. (2) **Indian Tribes and Tribal organizations** — The grants or contracts described in this section that are awarded to any Indian Tribe or Tribal organization shall be subject to the terms and conditions of [section 5321 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) and shall be conducted in accordance with the provisions of sections 5345, 5346, and 5347 of title 25, which are relevant to the programs administered under this subsection. (3) **Special authority relating to secondary schools operated or supported by the Bureau of Indian Education** — An Indian Tribe, a Tribal organization, or an Alaska Native entity, that receives funds through a grant made or contract entered into under paragraph (1) may use the funds to provide assistance to a secondary school operated or supported by the Bureau of Indian Education to enable such school to carry out career and technical education programs. (4) **Matching** — If sufficient funding is available, the Bureau of Indian Education shall expend an amount equal to the amount made available under this subsection, relating to programs for Indians, to pay a part of the costs of programs funded under this subsection. During each fiscal year the Bureau of Indian Education shall expend not less than the amount expended during the prior fiscal year on career and technical education programs, services, and technical activities administered directly by, or under contract with, the Bureau of Indian Education, except that in no year shall funding for such programs, services, and activities be provided from accounts and programs that support other Indian education programs. The Secretary and the Director of the Bureau of Indian Education shall prepare jointly a plan for the expenditure of funds made available and for the evaluation of programs assisted under this subsection. Upon the completion of a joint plan for the expenditure of the funds and the evaluation of the programs, the Secretary shall assume responsibility for the administration of the program, with the assistance and consultation of the Bureau of Indian Education. (5) **Regulations** — If the Secretary promulgates any regulations applicable to paragraph (2), the Secretary shall— (A) confer with, and allow for active participation by, representatives of Indian Tribes, Tribal organizations, and individual Tribal members; and (B) promulgate the regulations under subchapter III of chapter 5 of title 5, commonly known as the “Negotiated Rulemaking Act of 1990”. (6) **Application** — Any Indian Tribe, Tribal organization, or Bureau-funded school eligible to receive assistance under this subsection may apply individually or as part of a consortium with another such Indian Tribe, Tribal organization, or Bureau-funded school. **(c) Authorized activities** (1) **Authorized programs** — Funds made available under this section shall be used to carry out career and technical education programs consistent with the purpose of this chapter. (2) **Special rule** — Notwithstanding [section 2302(5)(A)(iii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2302/5/A/iii&num=0&edition=prelim), funds made available under this section may be used to provide preparatory, refresher, and remedial education services that are designed to enable students to achieve success in career and technical education programs or programs of study. (3) **Stipends** (A) *In general* — Funds received pursuant to grants or contracts awarded under subsection (b) may be used to provide stipends to students who are enrolled in career and technical education programs and who have acute economic needs which cannot be met through work-study programs. (B) *Amount* — Stipends described in subparagraph (A) shall not exceed reasonable amounts as prescribed by the Secretary. **(d) Grant or contract application** In order to receive a grant or contract under this section, an organization, Tribe, or entity described in subsection (b) shall submit an application to the Secretary that shall include an assurance that such organization, Tribe, or entity shall comply with the requirements of this section. **(e) Restrictions and special considerations** The Secretary may not place upon grants awarded or contracts entered into under subsection (b) any restrictions relating to programs other than restrictions that apply to grants made to or contracts entered into with States pursuant to allotments under [section 2321(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2321/a&num=0&edition=prelim). The Secretary, in awarding grants and entering into contracts under this section, shall ensure that the grants and contracts will improve career and technical education programs, and shall give special consideration to— (1) programs that involve, coordinate with, or encourage Tribal economic development plans; and (2) applications from tribally controlled colleges or universities that— (A) are accredited or are candidates for accreditation by a nationally recognized accreditation organization as an institution of postsecondary career and technical education; or (B) operate career and technical education programs that are accredited or are candidates for accreditation by a nationally recognized accreditation organization, and issue certificates for completion of career and technical education programs. **(f) Consolidation of funds** Each organization, Tribe, or entity receiving assistance under this section may consolidate such assistance with assistance received from related programs in accordance with the provisions of the Indian Employment, Training and Related Services Demonstration Act of 1992 ([25 U.S.C. 3401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3401&num=0&edition=prelim) et seq.). **(g) Nonduplicative and nonexclusive services** Nothing in this section shall be construed— (1) to limit the eligibility of any organization, Tribe, or entity described in subsection (b) to participate in any activity offered by an eligible agency or eligible recipient under this subchapter; or (2) to preclude or discourage any agreement, between any organization, Tribe, or entity described in subsection (b) and any eligible agency or eligible recipient, to facilitate the provision of services by such eligible agency or eligible recipient to the population served by such eligible agency or eligible recipient. **(h) Native Hawaiian programs** From the funds reserved pursuant to [section 2321(a)(1)(B)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2321/a/1/B/ii&num=0&edition=prelim), the Secretary shall award grants to or enter into contracts with community-based organizations primarily serving and representing Native Hawaiians to plan, conduct, and administer programs, or portions thereof, which are authorized by and consistent with the provisions of this section for the benefit of Native Hawaiians.

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

25 U.S.C. § 5321 — Congressional statement of findings

**(a) Findings respecting historical and special legal relationship, and resultant responsibilities** The Congress, after careful review of the Federal Government’s historical and special legal relationship with, and resulting responsibilities to, American Indian people, finds that— (1) the prolonged Federal domination of Indian service programs has served to retard rather than enhance the progress of Indian people and their communities by depriving Indians of the full opportunity to develop leadership skills crucial to the realization of self-government, and has denied to the Indian people an effective voice in the planning and implementation of programs for the benefit of Indians which are responsive to the true needs of Indian communities; and (2) the Indian people will never surrender their desire to control their relationships both among themselves and with non-Indian governments, organizations, and persons. **(b) Further findings** The Congress further finds that— (1) true self-determination in any society of people is dependent upon an educational process which will insure the development of qualified people to fulfill meaningful leadership roles; (2) the Federal responsibility for and assistance to education of Indian children has not effected the desired level of educational achievement or created the diverse opportunities and personal satisfaction which education can and should provide; and (3) parental and community control of the educational process is of crucial importance to the Indian people.

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

25 U.S.C. § 3401 — Statement of purpose

The purpose of this chapter is to facilitate the ability of Indian tribes and tribal organizations to integrate the employment, training and related services they provide from diverse Federal sources in order to improve the effectiveness of those services, reduce joblessness in Indian communities, and serve tribally determined goals consistent with the policy of self-determination, while reducing administrative, reporting, and accounting costs.

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

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

43 U.S.C. § 1602 — Definitions

For the purposes of this chapter, the term— **(a)** “Secretary” means the Secretary of the Interior; **(b)** “Native” means a citizen of the United States who is a person of one-fourth degree or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlaktla 11 So in original. Probably should be “Metlakatla”. Indian Community) Eskimo, or Aleut blood, or combination thereof. The term includes any Native as so defined either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or Native group of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any village or group. Any decision of the Secretary regarding eligibility for enrollment shall be final; **(c)** “Native village” means any tribe, band, clan, group, village, community, or association in Alaska listed in sections 1610 and 1615 of this title, or which meets the requirements of this chapter, and which the Secretary determines was, on the 1970 census enumeration date (as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance), composed of twenty-five or more Natives; **(d)** “Native group” means any tribe, band, clan, village, community, or village association of Natives in Alaska composed of less than twenty-five Natives, who comprise a majority of the residents of the locality; **(e)** “Public lands” means all Federal lands and interests therein located in Alaska except: (1) the smallest practicable tract, as determined by the Secretary, enclosing land actually used in connection with the administration of any Federal instal

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

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. § 2301 — Limitation for certain students

No funds received under this chapter may be used to provide career and technical education programs or programs of study to students prior to the the 11 So in original. middle grades (as such term is defined in [section 7801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim)), except that equipment and facilities purchased with funds under this chapter may be used by such students.

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

25 U.S.C. § 2021 — Definitions

For the purposes of this chapter, unless otherwise specified: (1) **Agency school board** — The term “agency school board” means a body— (A) the members of which are appointed by all of the school boards of the schools located within an agency, including schools operated under contract or grant; and (B) the number of such members is determined by the Secretary, in consultation with the affected tribes; except that, in agencies serving a single school, the school board of such school shall fulfill these duties, and in agencies having schools or a school operated under contract or grant, one such member at least shall be from such a school. (2) **Bureau** — The term “Bureau” means the Bureau of Indian Affairs of the Department of the Interior. (3) **Bureau-funded school** — The term “Bureau-funded school” means— (A) a Bureau school; (B) a contract or grant school; or (C) a school for which assistance is provided under the Tribally Controlled Schools Act of 1988 [[25 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2501&num=0&edition=prelim) et seq.]. (4) **Bureau school** — The term “Bureau school” means a Bureau-operated elementary or secondary day or boarding school or a Bureau-operated dormitory for students attending a school other than a Bureau school. (5) **Complementary educational facilities** — The term “complementary educational facilities” means educational program functional spaces such as libraries, gymnasiums, and cafeterias. (6) **Contract or grant school** — The term “contract or grant school” means an elementary school, secondary school, or dormitory that receives financial assistance for its operation under a contract, grant, or agreement with the Bureau under section 5321, 5322(a), or 5352 o

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

20 U.S.C. § 2391 — State administration

**(a) Eligible agency responsibilities** The responsibilities of an eligible agency under this subchapter shall include— (1) coordination of the development, submission, and implementation of the State plan, and the evaluation of the program, services, and activities assisted under this subchapter, including preparation for non-traditional fields; (2) consultation with the Governor and appropriate agencies, groups, and individuals including teachers, faculty, specialized instructional support personnel, paraprofessionals, school leaders, authorized public chartering agencies and charter school leaders (consistent with State law), employers, representatives of business (including small businesses), labor organizations, eligible recipients, local program administrators, State and local officials, Indian Tribes or Tribal organizations present in the State, parents, students, and community organizations; (3) convening and meeting as an eligible agency (consistent with State law and procedure for the conduct of such meetings) at such time as the eligible agency determines necessary to carry out the eligible agency’s responsibilities under this subchapter, but not less than 4 times annually; and (4) the adoption of such procedures as the eligible agency considers necessary to— (A) implement State level coordination with the activities undertaken by the State boards under [section 3111 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3111&num=0&edition=prelim); and (B) make available to the one-stop delivery system under [section 3151 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3151&num=0&edition=prelim) within the State a listing of all school dropout, postsecondary education, and a

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

20 U.S.C. § 2395 — Distribution of funds to secondary education programs

**(a) Distribution rules** Except as provided in [section 2353 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2353&num=0&edition=prelim) and as otherwise provided in this section, each eligible agency shall distribute the portion of funds made available under [section 2322(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2322/a/1&num=0&edition=prelim) to carry out this section to local educational agencies within the State as follows: (1) **Thirty percent** — Thirty percent shall be allocated to such local educational agencies in proportion to the number of individuals aged 5 through 17, inclusive, who reside in the school district served by such local educational agency for the preceding fiscal year compared to the total number of such individuals who reside in the school districts served by all local educational agencies in the State for such preceding fiscal year, as determined on the basis of the most recent satisfactory— (A) data provided to the Secretary by the Bureau of the Census for the purpose of determining eligibility under title I of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6301&num=0&edition=prelim) et seq.]; or (B) student membership data collected by the National Center for Education Statistics through the Common Core of Data survey system. (2) **Seventy percent** — Seventy percent shall be allocated to such local educational agencies in proportion to the number of individuals aged 5 through 17, inclusive, who reside in the school district served by such local educational agency and are from families below the poverty level for the preceding fiscal year,

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