25 U.S.C. § 2021 : US Code - Section 2021: Definitions

Search 25 U.S.C. § 2021 : US Code - Section 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 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 450f, 450h(a), or 458d of this title, or
under the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501
et seq.].
(7) Director
The term "Director" means the Director of the Office of Indian
Education Programs.
(8) Education line officer
The term "education line officer" means a member of the
education personnel under the supervision of the Director of the
Office, whether located in a central, area, or agency office.
(9) Family literacy services
The term "family literacy services" has the meaning given that
term in section 7801 (!1) of title 20.
(10) Financial plan
The term "financial plan" means a plan of services provided by
each Bureau school.
(11) Indian organization
The term "Indian organization" means any group, association,
partnership, corporation, or other legal entity owned or
controlled by a federally recognized Indian tribe or tribes, or a
majority of whose members are members of federally recognized
tribes.
(12) Inherently Federal functions
The term "inherently Federal functions" means functions and
responsibilities which, under section 2006(c) of this title, are
noncontractable, including -
(A) the allocation and obligation of Federal funds and
determinations as to the amounts of expenditures;
(B) the administration of Federal personnel laws for Federal
employees;
(C) the administration of Federal contracting and grant laws,
including the monitoring and auditing of contracts and grants
in order to maintain the continuing trust, programmatic, and
fiscal responsibilities of the Secretary;
(D) the conducting of administrative hearings and deciding of
administrative appeals;
(E) the determination of the Secretary's views and
recommendations concerning administrative appeals or litigation
and the representation of the Secretary in administrative
appeals and litigation;
(F) the issuance of Federal regulations and policies as well
as any documents published in the Federal Register;
(G) reporting to Congress and the President;
(H) the formulation of the Secretary's and the President's
policies and their budgetary and legislative recommendations
and views; and
(I) the nondelegable statutory duties of the Secretary
relating to trust resources.
(13) Local educational agency
The term "local educational agency" means a board of education
or other legally constituted local school authority having
administrative control and direction of free public education in
a county, township, or independent or other school district
located within a State, and includes any State agency that
directly operates and maintains facilities for providing free
public education.
(14) Local school board
The term "local school board", when used with respect to a
Bureau school, means a body chosen in accordance with the laws of
the tribe to be served or, in the absence of such laws, elected
by the parents of the Indian children attending the school,
except that, for a school serving a substantial number of
students from different tribes -
(A) the members of the body shall be appointed by the tribal
governing bodies of the tribes affected; and
(B) the number of such members shall be determined by the
Secretary in consultation with the affected tribes.
(15) Office
The term "Office" means the Office of Indian Education Programs
within the Bureau.
(16) Regulation
(A) In general
The term "regulation" means any part of a statement of
general or particular applicability of the Secretary designed
to carry out, interpret, or prescribe law or policy in carrying
out this Act.
(B) Rule of construction
Nothing in subparagraph (A) or any other provision of this
chapter shall be construed to prohibit the Secretary from
issuing guidance, internal directives, or other documents
similar to the documents found in the Indian Affairs Manual of
the Bureau of Indian Affairs.
(17) Secretary
The term "Secretary" means the Secretary of the Interior.
(18) Supervisor
The term "supervisor" means the individual in the position of
ultimate authority at a Bureau school.
(19) Tribal governing body
The term "tribal governing body" means, with respect to any
school, the tribal governing body, or tribal governing bodies,
that represent at least 90 percent of the students served by such
school.
(20) Tribe
The term "tribe" means any Indian tribe, band, nation, or other
organized group or community, including an Alaska Native Regional
Corporation or Village Corporation (as defined in or established
pursuant to the Alaska 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.