25 U.S.C. § 1801 : US Code - Section 1801: Definitions

Search 25 U.S.C. § 1801 : US Code - Section 1801: Definitions

(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 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 (!1) of title 20,
except that clause (2) of such section shall not be applicable
and the reference to Secretary in clause (5)(A) (!2) 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 field of Indian
education;
(7) "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
(8) "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 paragraph (7) of
subsection (a) of this section:
(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) Credits earned in a continuing education program shall be
converted to a credit-hour basis in accordance with the tribally
controlled college or university's system for providing credit
for participation in such program.
(6) No credit hours earned by an Indian student who is not
making satisfactory progress toward a degree or certificate shall
be taken into account.