Pertinent laws

61 SUT.]

g&rB:

731

CONG., 1ST SESS.-CHS. 456-458-AUG. 4, 1947

recorded and to employ such personnel as may be required to operate
tile sam~ and to perform necessary services in connection therewith;
and all deeds and other instruments of writing entitled by law to be
recorded in the Office of the Recorder of Deeds which are recorded by
means of such machines or equipment are hereby declared to be legally
recorded.
Approved August 4, 1947.
[CHAPTER 457]

A~

ACT

Authorizing and directing the Secretary of the Interior to issue a patent in fee
to the surviving members of the Laguna Band of Mission Indians of California.

[Public Law 335J

Be it enacted by the Senate alld House of Representatives of the
Leguua nand of
United States of America in Congress assembled That the Secretary MissiOn
Indians, C8lIl.
of patent
of the Interior is authorized and directed to take such steps as are iDIssuanee
lee.
necessulJ' to determine the membership of the Laguna Band of Mis­
sion Indians of California and, having determined such membership,
is further authorized and directed to issue to the member or members
of such band within six months from the enactment of this Act, a
patent in fee to the following-described lands situated within the
boundaries of the Laguna. Indian Reservation, California : The south.
half southwest quarter section 28; north half southwest quarter and
northwest quarter section 33, township 14 south, range I) east, San
Bernardino meridian, San Diego County, California.
Approved August 4, 1947.
[CHAPTER 458]

AN ACT

Relative to restrictions applicable to Indians of the Five Civilized Tribes of
Oklahoma, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Oongress assembled, That all restrictions
upon all lands in Oklahoma belonging to members of the Five Civilized
Tribes, whether acquired by allotment, inheritance, devise, gift, ex­
change, partition, or by purchase with restricted funds of whatever
degree of Indian blood, and whether enrolled or unenrolled, shall be,
and are hereby, removed at and upon his or her death: Provided, (a)
That except as provided in subdivision (f) of this section, no convey­
ance, including an oil and gas or mineral lease, of any interest in land
acquired before or after the date of this Act by an Indian heir or
devisee of one-half or more Indian lood, when such interest in land
was restric e In t e hands 0
ie person from whom such Indian
heir or devisee acquired same, shall be valid unless approved in open
court by the county court of the county in Oklahoma in which the land
is situated; (b) that petition for approval of conveyance shall be set
for hearing not less than ten days from date of filing, and notice of
hearin~ thereon, signe~ by the county judge, reciting the consideration
offerea and a descr-iption of the land shall be given by publication in
at least one issue of a newspaper of general circulation in the county
where the land is located and written notice of such hearing shall be
given to the probate attorney of the district in which the petition is
filed at least ten days prior to the date on which the petition is to be
heard. The grantor shall be present at said hearing and examined in
open court before such conveyance shall be approved, unless the
grantor and the probate attorney shall consent In writing that such
hearing may be had and such conveyance approved in the absence of
the grantor, and the court must be satisfied that the consideration has

A n 4,1947

.&.3I73J

Five Civilized
Tribes.
RemoVlll 01 restrlc­
tlons on land In Old a,

1Iearmg.

85 STAT.1

PUBLIC LAW 92-203-DEC. 18, 1971
DEFINITIONS

SEC.
3. For the purposes of this Act, 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- ourth degree or more Alaska Indian (including Tsimshian
Indians not enrolled in t,he Metlaktla Indian Community) Eskimo, o r
Aleut blood, or combination thereof. The term includes any Kative as
so defined either or both of ahcse 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 re arded as an Alaska Native
by the Native village or Native group of w lich he claims to be a member and whose father o r 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,
comn~nnity,or association in Alaska listed in sections 11and 16 of this
Act, or which meets the requirements of this Act, and which the Secretary determines was, on the 1070 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 lands7' means all Federal lands and int.erests 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 installation, and ( 2 ) land selections
of the State of Alaska which have been patented or tentatively
approved under section 6(g) of the Alaska Statehood Act, as amended
(72 Stat. 341, 77 Stat. 223). or identiiied for selection by the State
prior to January 17,1969 ;
( f ) "State"means the State of Alaska;
(g) "Regional Corporation" means an Alaska Native Regional Corporation established under the laws of the State of Alaska in accordance with the provisions of this Act ;
(h) "Person" means any individual, firm, corporation, association,
or partnership ;
(i) "hfunicipal Corporation" means any general unit of municipal
government under the laws of the State of Alaska ;
( j ) "Village Corporation" means an Alaska Native Village Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage and/or
distribute lands. property, funds, and other rights and assets for and
on behalf of a Native villa e in accordance with the terms of this Act.
(k) "Fund" means the f l a s k a Native Fund in the Treasury of the
United States established by section 6; and
(1) "Planning Commission'' means the Joint Federal-State Land
Use Planning Commission established by section 17.

2

7

,,48 USC prec,

DECLARATION O F SETTLEMENT

SEC.4. (a) A11 prior conveyances of public land and water areas
in Alaska, or any interest therein, pursuant to Federal l a v , and all
tentative a provals ursuant to sect~on6(g) of the ,4laska Statehood
Act, shall e regar ed as an extinguishment of the aboriginal title
thereto, if any.

I!

B

Aboriginal
titles
end
claims, extinguishment.

92 STAT. 3070

43 USC 1606.

43 USC 1602.

PUBLIC LAW 95-608-NOV

8, 1978

(ii) %ermination of parental rights" which shall mean any
action resulting in the termination of the parent-child
relationship ;
(iii) L'preadoptive placement" which shall mean the temporary placement of an Indian child in a foster home or
institution after the termination of parental rights, but prior
to or in lieu of adoptive placement; and
(iv) "adoptive placenient" which shall mean the permanent
placement of an Indian child for adoption, including any action
resulting in a h a 1 decree of adoption.
Such term or terms shall not include a placement based upon an
act which, if committed by an adult. would be deemed a crime or
upon an award, in a divorce proceeding, of custody to one of the
parents.
(2) "extended family member" shall be as defined by the law or
custom of the Indian child's tribe or, in the absence of such law
or custom, shall be a person w$o has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle,
brother or sister, brother-in-law or sister-in-law, niece or nephew,
first or second cousin, or stepparent;
(3) "Indian" means any person who is a member of an Indian
tribe, or who is an Alaska Na,tive and a member of a Regional
Co oration as defined in section 7 of the Alaska Native Claims
s e z e m e n t ~ c (85
t Stat. 688,689) ;
( 4 ) "Indian child" means any unmarried person who is under
age eighteen and is either (a) a member of an Indian tribe or (b)
is eligible for membership in an Indian tribe and is the biological
child of a member of an Indian tribe ;
( 5 ) "Indian child's tribe" means (a) the Indian tribe in which
an Indian child is a member or eligible for membership or (b),
in the case of an Indian child who is a member of or eligible for
membership in more than one tribe, the Indian tribe with which
the Indian child has the more significant contacts;
(6) "Indian custodian" means any Intlian person who has legal
custody of an Indian child under tribal law or custom or under
State law or to whom temporary physical care, custody, and control has been transferred by the parent of such child ;
(7) "Indian organization" means any group, association,
partnership, corporation, or other legal entitv owned or controlled
by Indians, or a majority of whose members are Indians;
(8) "Indian tribe" means any Indian tribe, band, nation. or
other organized group or community of Indians recognized as
eligible for the services provided to Indians by the Secretary
because of their status as Indians, including any Alaska Native
village as defined in section 3(c) of the Alaska Native Claims
Settlement Act (85 Stat. 688, 689), as amended;
(9) "parent" means any biological parent or parents of an
Indian child or any .Indian person who has lawfullp adopted an
Indian child, includmg adoptions under tribal law or custom. I t
does not include the unwed father where paternity has not been
acknowledged or established ;
(10) "reservation" means Indian country as defined in section
1151 of title 18, United States Code and any Iands, not covered
under such section, title to which is either held by the United
States in trust for the benefit of any Indian tribe or individual or
held by any Indian tribe or individual subject to a restriction by
the United States against alienation ;

Page 3
25 USCS § 2007

(4) Report. When the Secretary makes funds available under this subsection, the Secretary shall report such action to
the appropriate committees of Congress within the annual budget submission.
(e) Supplemental appropriations. Supplemental appropriations enacted to meet increased pay costs attributable to
school level personnel shall be distributed under this section.
(f) "Eligible Indian student" defined. In this section, the term "eligible Indian student" means a student who-(1) is a member of, or is at least one-fourth degree Indian blood descendant of a member of, a tribe that is eligible for
the special programs and services provided by the United States through the Bureau to Indians because of their status as
Indians;
(2) resides on or near a reservation or meets the criteria for attendance at a Bureau off-reservation home-living school;
and
(3) is enrolled in a Bureau-funded school.
(g) Tuition.
(1) In general. No eligible Indian student or a student attending a Bureau school under paragraph (2)(C) may be
charged tuition for attendance at a Bureau school or contract or grant school.
(2) Attendance of non-Indian students at Bureau schools. The Secretary may permit the attendance at a Bureau school
of a student who is not an eligible Indian student if-(A) the Secretary determines that the student's attendance will not adversely affect the school's program for eligible
Indian students because of cost, overcrowding, or violation of standards or accreditation;
(B) the school board consents;
(C) the student is a dependent of a Bureau, Indian Health Service, or tribal government employee who lives on or
near the school site; or
(D) tuition is paid for the student that is not more than the tuition charged by the nearest public school district for
out-of-district students and shall be in addition to the school's allocation under this section.
(3) Attendance of non-Indian students at contract and grant schools. The school board of a contract or grant school
may permit students who are not eligible Indian students under this subsection to attend its contract school or grant
school. Any tuition collected for those students shall be in addition to funding received under this section.
(h) Funds available without fiscal year limitation. Notwithstanding any other provision of law, at the election of the
school board of a Bureau school made at any time during the fiscal year, a portion equal to not more than 15 percent of
the funds allocated with respect to a school under this section for any fiscal year shall remain available to the school for
expenditure without fiscal year limitation. The Assistant Secretary shall take such steps as are necessary to implement
this subsection.
(i) Students at Richfield Dormitory, Richfield, Utah.
(1) In general. Tuition for the instruction of each out-of-State Indian student in a home-living situation at the Richfield
dormitory in Richfield, Utah, who attends Sevier County high schools in Richfield, Utah, for an academic year, shall be
paid from Indian school equalization program funds authorized in this section and section 1129 [1130], at a rate not to
exceed the weighted amount provided for under subsection (b) for a student for that year.
(2) No administrative cost funds. No additional administrative cost funds shall be provided under this part [25 USCS
§§ 2000 et seq.] to pay for administrative costs relating to the instruction of the students.
HISTORY:
(Nov. 1, 1978, P.L. 95-561, Title XI, Part B, § 1127, as added Jan. 8, 2002, P.L. 107-110, Title X, Part D, § 1042, 115
Stat. 2028.)
HISTORY; ANCILLARY LAWS AND DIRECTIVES

Explanatory notes:
The bracketed reference "1130" has been inserted in subsec. (i)(1) as the reference probably intended by Congress.
Such section is classified to 25 USCS § 2010.

Page 1

LEXSTAT 25 USC 2201
UNITED STATES CODE SERVICE
Copyright (c) 2008 Matthew Bender & Company, Inc.
a member of the LexisNexis Group.
All rights reserved.
*** CURRENT THROUGH P.L. 110-251, APPROVED 6/26/2008 ***
*** WITH GAPS OF 110-234 and 110-246 ***
TITLE 25. INDIANS
CHAPTER 24. INDIAN LAND CONSOLIDATION
Go to the United States Code Service Archive Directory
25 USCS § 2201
§ 2201. Definitions
For the purpose of this title [25 USCS §§ 2201 et seq.]-(1) "Indian tribe" or "tribe" means any Indian tribe, band, group, pueblo, or community for which, or for the members
of which, the United States holds lands in trusts;
(2) "Indian" means-(A) any person who is a member of any Indian tribe, is eligible to become a member of any Indian tribe, or is an
owner (as of the date of enactment of the American Indian Probate Reform Act of 2004 [enacted Oct. 27, 2004]) of a
trust or restricted interest in land;
(B) any person meeting the definition of Indian under the Indian Reorganization Act (25 U.S.C. 479) and the regulations promulgated thereunder; and
(C) with respect to the inheritance and ownership of trust or restricted land in the State of California pursuant to
section 207 [25 USCS § 2206], any person described in subparagraph (A) or (B) or any person who owns a trust or restricted interest in a parcel of such land in that State.
(3) "Secretary" means the Secretary of the Interior;
(4) "trust or restricted lands" means lands, title to which is held by the United States in trust for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States against alienation;
and "trust or restricted interest in land" or "trust or restricted interest in a parcel of land" means an interest in land, title
to which is held in trust by the United States for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States against alienation.
(5) "heirs of the first or second degree" means parents, children, grandchildren, grandparents, brothers and sisters of a
decedent.
(6) "parcel of highly fractionated Indian land" means a parcel of land that the Secretary, pursuant to authority under a
provision of this Act, determines to have, as evidenced by the Secretary's records at the time of the determination-(A) 50 or more but less than 100 co-owners of undivided trust or restricted interests, and no 1 of such co-owners
holds a total undivided trust or restricted interest in the parcel that is greater than 10 percent of the entire undivided
ownership of the parcel; or
(B) 100 or more co-owners of undivided trust or restricted interests;
(7) "land" means any real property, and includes within its meaning for purposes of this Act improvements permanently affixed to real property;
(8) "person" or "individual" means a natural person;
(9) "eligible heirs" means, for purposes of section 207 (25 U.S.C. 2206), any of a decedent's children, grandchildren,
great grandchildren, full siblings, half siblings by blood, and parents who are-(A) Indian; or
(B) lineal descendents within 2 degrees of consanguinity of an Indian; or

Pt. 5

25 CFR Ch. I (4–1–08 Edition)

available to the parties upon request
and at their expense.

§ 5.2

PART 5—PREFERENCE IN
EMPLOYMENT
Sec.
5.1 Definitions.
5.2 Appointment actions.
5.3 Application procedure for preference eligibility.
5.4 Information collection.
AUTHORITY: 4 Stat. 737, 25 U.S.C. 43; 22 Stat.
88, 25 U.S.C. 46; 28 Stat. 313, 25 U.S.C. 44; 24
Stat. 389, 25 U.S.C. 348; and 48 Stat. 986, 25
U.S.C. 472 and 479.

[43 FR 2393, Jan. 17, 1978. Redesignated at 47
FR 13327, Mar. 30, 1982, as amended at 49 FR
12702, Mar. 30, 1984]

§ 5.1 Definitions.
For purposes of making appointments to vacancies in all positions in
the Bureau of Indian Affairs a preference will be extended to persons of
Indian descent who are:
(a) Members of any recognized Indian
tribe now under Federal Jurisdiction;
(b) Descendants of such members who
were, on June 1, 1934, residing within
the present boundaries of any Indian
reservation;
(c) All others of one-half or more Indian blood of tribes indigenous to the
United States;
(d) Eskimos and other aboriginal people of Alaska; and
(e) For one (1) year or until the Osage
Tribe has formally organized, whichever comes first, effective January 5,
1989, a person of at least one-quarter
degree Indian ancestry of the Osage
Tribe of Indians, whose rolls were
closed by an act of Congress.

§ 5.3 Application procedure for preference eligibility.
(a) Proof of eligibility must be submitted with the person’s application
for a position.
(b) In order for a person to be considered a preference eligible according to
the standards of § 5.1, they must submit
proof of membership, descendancy or
degree of Indian ancestry as indicated
on rolls or records acceptable to the
Secretary.
[43 FR 2393, Jan. 17, 1978. Redesignated at 47
FR 13327, Mar. 30, 1982]

§ 5.4

Information collection.

The Office of Management and Budget has informed the Department of the
Interior that the information collection requirements contained in part 5
need not be reviewed by them under
the Paperwork Reduction Act (44
U.S.C. 3501 et seq.).

[43 FR 2393, Jan. 17, 1978. Redesignated at 47
FR 13327, Mar. 30, 1982, as amended at 54 FR
283, Jan. 5, 1989]

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Appointment actions.

(a) Preference will be afforded a person meeting any one of the standards
of § 5.1 whether the appointment involves initial hiring, reinstatement,
transfer, reassignment or promotion.
(b) Preference eligibles may be given
a Schedule A excepted appointment
under Exception Number 213.3112(a)(7).
However, if the individuals are within
reach on a Civil Service Register, they
may be given a competitive appointment.

[54 FR 283, Jan. 5, 1989]

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§ 20.100

25 CFR Ch. I (4–1–08 Edition)

in the proposed decision under § 20.603
and whose hearing decision under
§§ 20.700 through 20.705 will have the
same force and effect as if rendered by
the Superintendent.
Disaster means a situation where a
tribal community is adversely affected
by a natural disaster or other forces
which pose a threat to life, safety, or
health as specified in §§ 20.327 and
20.328.
Emergency means a situation where
an individual or family’s home and personal possessions are either destroyed
or damaged through forces beyond
their control as specified in § 20.329.
Employable means an eligible Indian
person who is physically and mentally
able to obtain employment, and who is
not exempt from seeking employment
in accordance with the criteria specified in § 20.315.
Essential needs means shelter, food,
clothing and utilities, as included in
the standard of assistance in the state
where the eligible applicant lives.
Extended family means persons related by blood, marriage or as defined
by tribal law or custom.
Family assessment means a social
services assessment of a family’s history and present abilities and resources
to provide the necessary care, guidance
and supervision for individuals within
the family’s current living situation
who may need social service assistance
and/or services.
Financial Assistance means any of the
following forms of assistance not provided by other federal, state, local or
tribal sources:
(1) Adult Care Assistance for adults
who require non-medical personal care
and supervision;
(2) Burial Assistance for indigent
burials;
(3) Child Assistance for any child
with special needs, in need of placement in a foster home or residential
care facility, or in need of adoption or
guardianship;
(4) Disaster Assistance;
(5) Emergency Assistance for essential needs to prevent hardship caused
by burnout, flooding of homes, or other
life threatening situations that may
cause loss or damage of personal possessions;

(6) General Assistance for basic essential needs; or
(7) Tribal Work Experience Program
for participants in work experience and
training.
Foster care services means those social
services provided to an eligible Indian
child that is removed from his or her
home due to neglect, abandonment,
abuse or other maltreatment and
placed in a foster home. Services must
also be extended to the affected family
members and foster parent(s) with a
goal of reuniting and preserving the
family.
General Assistance means financial assistance payments to an eligible Indian
for essential needs provided under
§§ 20.300 through 20.319.
Guardianship means long-term, social
services and court approved placement
of a child.
Head of household means a person in
the household that has primary responsibility and/or obligation for the financial support of others in the household.
In the case of a two parent household,
one will be considered the head of
household for the purpose of making an
application for benefits.
Homemaker services means non-medical services provided by social services, in the absence of other resources,
to assist an eligible Indian in maintaining self-sufficiency, and preventing
placement into foster care or residential care. Examples of services included
in homemaker services are: cleaning an
individual’s home, preparing meals for
an individual, and maintaining or performing basic household functions.
Household means persons living together who may or may not be related
to the ‘‘head of household.’’
Indian means:
(1) Any person who is a member of an
Indian tribe; or
(2) In the Alaska service area only,
any person who meets the definition of
‘‘Native’’ as defined under 43 U.S.C.
1602(b): ‘‘A citizen of the United States
and one-fourth degree or more Alaska
Indian (including Tsimshian Indians
not enrolled in the 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

78

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Bureau of Indian Affairs, Interior

§ 26.4

a contract to administer the Employment Assistance Program.
(g) Indian means any person of Indian
or Alaska native descent who is an enrolled member of any of those tribes
listed or eligible to be listed in the
FEDERAL REGISTER pursuant to 25 CFR
83.6 as recognized by and receiving
services from the Bureau of Indian Affairs or a descendant of one-fourth degree or more Indian blood of an enrolled member; and any person not a
member of one of the listed or eligible
to be listed tribes who possesses at
least one-half degree of Indian blood
which is not derived from a tribe whose
relationship is terminated by an Act of
Congress.
(h) Indian tribe means any Indian
tribe, band, nation or other organized
group or community including any
Alaska Native Village which is recognized by the Secretary of the Interior
as having special rights and responsibilities and is recognized as eligible
for the services provided by the United
States to Indians because of their status as Indians.
(i) Near reservation means those areas
or communities adjacent or contiguous
to reservations which are designated
by the Assistant Secretary upon recommendation of the local Bureau superintendent, which recommendation
shall be based upon agreement with the
tribal governing body of those reservations, as locales appropriate for the extension of financial and/or social services, on the basis of such general criteria as:
(1) Number of Indian people native to
the reservation residing in the area,
(2) Geographical proximity of the
area to the reservation, and
(3) Administrative feasibility of providing an adequate level of services to
the area. The Assistant Secretary shall
designate each area and publish the
designations in the FEDERAL REGISTER.
(j) Reservation means any bounded
geographical area established or created by treaty, statute, executive order
or interpreted by court decision and
over which a federally recognized Indian Tribal entity may exercise certain
jurisdiction.
(k) Superintendent means the Superintendent or Officer in Charge of any
one of the Agency offices of the Bureau

of Indian Affairs or his/her authorized
representative.
(l) Tribal governing body means the
recognized entity empowered to exercise the governmental authority of a
federally recognized tribe.
§ 26.2 Scope of the Employment Assistance Program.
The purpose of the Employment Assistance Program is to assist Indian
people who have a job skill to obtain
and retain permanent employment.
Within that framework, the program
provides services to eligible Indians, as
provided in § 26.5, including vocational
counseling and employment services on
reservations and at other home areas,
in communities near reservations and
in off-reservation areas. Support services are also included, as provided in
§ 26.6.
§ 26.3 Information collection.
The information collection requirements contained in §§ 26.4 and 26.6 have
been approved by the Office of Management and Budget (OMB) under 44
U.S.C. 3504(h) and are assigned clearance numbers 1076–0062 and 1076–0061.
Information necessary for an application for employment assistance will be
submitted on an application form
which may be obtained at a local Bureau of Indian Affairs Agency or tribal
program contractor office. This information is being collected for the purpose of applying for Federal assistance.
The information will be used to determine if an Indian person is eligible to
participate in this program and to determine the amount of assistance needed. The obligation to respond is a requirement to obtain the benefits.

Subpart B—Administrative
Procedures
§ 26.4 Filing applications.
(a) Application for Employment Assistance services must be filed at Bureau of Indian Affairs Agency offices,
or at facilities under contract with the
Bureau or contract offices which are
located on or near reservations or
other geographic areas of eligibility.
Applications are approved by the Agency Superintendent or designated contractor. An eligible applicant should

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§ 27.2

25 CFR Ch. I (4–1–08 Edition)

provides direct services to the governing body or bodies and members of
one or more specified Indian tribes.
(b) Appeal means a written request
for correction of an action or decision
claimed to violate a person’s legal
rights or privileges as provided in part
2 of this chapter.
(c) Applicant means an individual applying under this part.
(d) Application means the process
through which a request is made for assistance or services.
(e) Area Director means the Bureau official in charge of an Area Office or his/
her authorized representative.
(f) Assistant Secretary means the Assistant Secretary of the Interior for Indian Affairs or his/her authorized representative.
(g) Contract office means the office established by a tribe or tribes who have
a contract to administer the adult vocational training program.
(h) Full time institutional training is:
(1) An institutional trade or technical course offered on a clock-hour
basis below the college level, involving
shop practices as an integral part
thereof when a minimum of thirty (30)
hours per week of attendance is required with not more than 21⁄2 hours of
rest periods per week allowed.
(2) An institutional vocational course
offered on a clock-hour basis below the
college level in which theoretical or
classroom instruction predominates
when a minimum of twenty-five (25)
hours per week net of instruction is required, or
(3) An institutional undergraduate
vocational course offered by a college
or university on a quarter or semesterhour basis when a minimum of twelve
(12) semester credit hours or its equivalent is required.
(i) Indian means any person of Indian
or Alaska native descent who is an enrolled member of any of those tribes
listed or eligible to be listed in the
FEDERAL REGISTER pursuant to 25 CFR
83.6 as recognized by and receiving
services from the Bureau of Indian Affairs or a descendant of one-fourth degree or more Indian blood of an enrolled member and any person not a
member of one of the listed or eligible
to be listed tribes who possesses at
least one-half degree of Indian blood

which is not derived from a tribe whose
relationship is terminated by an Act of
Congress.
(j) Indian tribe means any Indian
tribe, band, nation or other organized
group or community, including any
Alaska native village, which is recognized by the Secretary of the Interior
as having special rights and responsibilities and is recognized as eligible
for the services provided by the United
States to Indians because of their status as Indians.
(k) Near reservation means those areas
or communities adjacent or contiguous
to reservations which are designated
by the Assistant Secretary upon recommendation of the local Bureau superintendent, which recommendation
shall be based upon agreement with the
tribal governing body of those reservations, as locales appropriate for the extension of financial assistance and/or
social services, on the basis of such
general criteria as:
(1) Number of Indian people native to
the reservation residing in the area,
(2) Geographical proximity of the
area to the reservation, and
(3) Administrative feasibility of providing an adequate level of services to
the area. The Assistant Secretary shall
designate each area and publish the
designations in the FEDERAL REGISTER.
(l) Reservation means any bounded
geographical area established or created by treaty, statute, executive order
or as interpreted by court decision and
over which a Federally recognized Indian tribal entity may exercise certain
jurisdiction.
(m) Superintendent means the Superintendent or Officer in Charge of any of
the Agency offices of the Bureau of Indian Affairs or his/her authorized representative.
(n) Tribal governing body means the
recognized entity empowered to exercise the governmental authority of a
Federally recognized tribe.
§ 27.2 Scope of the vocational training
program.
The purpose of the vocational training program is to assist Indian people
to acquire the job skills necessary for
full time satisfactory employment.
Within that framework, the program
provides testing, vocational counseling

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Bureau of Indian Affairs, Interior

§ 36.3

Test results indicate which skills a student has or has not learned.
Days means calendar days.
Director means the Director of the Office of Indian Education Programs in
the Bureau.
Dormitory means a facility which provides students boarding and lodging on
a temporary residential basis for the
purpose of attending a Bureau-operated
or Indian-controlled contract or public
school.
Dormitory manager means a staff
member who manages the day-to-day,
24-hour operation of one or more dormitories.
Elementary school is defined as any
combination of grades K–8 except when
any of these grades are included in the
junior high or middle school level.
Exceptional child program means a
program for students who are eligible
to receive education and related services as defined by 25 CFR 39.11(i).
Feeder school means a school whose
exiting students are absorbed by a
school offering instruction on the next
higher grade level.
Formative evaluation is an evaluation
of progress during the implementation
of a program. Its purpose is to provide
immediate feedback on results to enable modifying the processes used in
order to enhance success and prevent
failure.
Goals means a statement of what the
school system is attempting to do to
meet the comprehensive educational
needs and interests of its pupils, in accordance with its statement of philosophy.
Grade means the portion of a school
program which represents the work of
one regular school year; identified by a
designation such as kindergarten,
grade 1 or grade 10.
Grade level is a designation applied to
that portion of the curriculum which
represents the work of one regular
school year.
High school is defined as grades nine
through twelve, except when grade
nine is included in the junior high or
middle school organizational unit.
Higher order thinking skills (or advanced skills) means skills such as
reading comprehension, written composition, and mathematical reasoning.
They differ from basic or discrete skills

such as phonetic decoding and arithmetic operations.
Indian-controlled
contract
school
means a school that is operated by a
tribal organization and funded under a
contract with the Bureau.
Indian student means a student who
is a member of an Indian tribe and is
one-quarter (1⁄4) or more degree of Indian blood quantum.
Indian tribe or tribe means any Indian
tribe, band, nation, rancheria, pueblo,
colony or community, including any
Alaska Native village or regional or
village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat.
688), which is recognized as eligible for
the special programs and services provided by the United States to Indians
because of their status as Indians.
Intense residential guidance means the
program for residential students who
need special residential services due to
one or more of the problems as stated
in 25 CFR 39.11(h).
Junior high or middle school is defined
as grades seven and eight, but may include grade six when it is not included
in the elementary school level and/or
grade nine when it is not included in
the high school level.
Kindergarten means a group of students or a class that is organized to
provide educational experiences for
children for the year immediately preceding the first grade.
Librarian means a certificated school
employee whose principal responsibilities include selection, acquisition,
preparation, cataloging, and circulation of books and other printed materials; planning the use of the library by
teachers and students; and instructing
students in the use of library books
and materials, whether the library is
maintained separately or as a part of
an instructional materials center.
Local school board when used with respect to a Bureau-operated school
means a body chosen in accordance
with the laws of the tribe to be served
or, in the absence of such laws, the
body elected by the parents of the Indian children attending a Bureau-operated school. In schools serving a substantial number of students from different tribes, the members shall be appointed by the governing bodies of the

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Bureau of Indian Affairs, Interior

§ 39.2

for round trip home-to-school transportation of day students.
Bureau means the Bureau of Indian
Affairs in the Department of the Interior.
Bureau-funded school means
(1) Bureau school;
(2) A contract or grant school; or
(3) A school for which assistance is
provided under the Tribally Controlled
Schools Act of 1988.
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.
Count Week means the last full week
in September during which schools
count their student enrollment for
ISEP purposes.
Director means the Director of the Office of Indian Education Programs in
the Bureau of Indian Affairs or a designee.
Education Line Officer means the Bureau official in charge of Bureau education programs and functions in an
Agency who reports to the Director.
Eligible Indian student means a student who:
(1) Is a member of, or is at least onefourth degree Indian blood descendant
of a member of, a tribe that is eligible
for the special programs and services
provided by the United States through
the Bureau of Indian Affairs to Indians
because of their status as Indians;
(2) Resides on or near a reservation
or meets the criteria for attendance at
a Bureau off-reservation home-living
school; and
(3) Is enrolled in a Bureau-funded
school.
Home schooled means a student who is
not enrolled in a school and is receiving educational services at home at the
parent’s or guardian’s initiative.
Homebound means a student who is
educated outside the classroom.
Individual supplemental services means
non-base academic services provided to
eligible students. Individual supplemental services that are funded by additional WSUs are gifted and talented
or language development services.
ISEP means the Indian School
Equalization Program.
Limited English Proficient (LEP) means
a child from a language background

other than English who needs language
assistance in his/her own language or
in English in the schools. This child
has sufficient difficulty speaking, writing, or understanding English to deny
him/her the opportunity to learn successfully in English-only classrooms
and meets one or more of the following
conditions:
(1) The child was born outside of the
United States or the child’s Native language is not English;
(2) The child comes from an environment where a language other than
English is dominant; or
(3) The child is an American Indian
or Alaska Native and comes from an
environment where a language other
than English has had a significant impact on the child’s level of English language proficiency.
Local School Board 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.
For a school serving a substantial
number of students from different
tribes:
(1) The members of the local school
board shall be appointed by the tribal
governing bodies affected; and
(2) The Secretary shall determine
number of members in consultation
with the affected tribes.
OIEP means the Office of Indian Education Programs in the Bureau of Indian Affairs.
Physical education means the development of physical and motor fitness,
fundamental motor skills and patterns,
and skills in aquatics, dance, and individual and group games and sports (including
intramural
and
lifetime
sports). The term includes special
physical education, adapted physical
education, movement education, and
motor development.
Resident means a student who is residing at a boarding school or dormitory during the weeks when student
membership counts are conducted and
is either:
(1) A member of the instructional
program in the same boarding school in
which the student is counted as a resident; or

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§ 151.3

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land in trust status in the State of
Alaska, except acquisitions for the
Metlakatla Indian Community of the
Annette Island Reserve or it members.
§ 151.2 Definitions.
(a) Secretary means the Secretary of
the Interior or authorized representative.
(b) Tribe means any Indian tribe,
band, nation, pueblo, community,
rancheria, colony, or other group of Indians, including the Metlakatla Indian
Community of the Annette Island Reserve, which is recognized by the Secretary as eligible for the special programs and services from the Bureau of
Indian Affairs. For purposes of acquisitions made under the authority of 25
U.S.C. 488 and 489, or other statutory
authority which specifically authorizes
trust acquisitions for such corporations, ‘‘Tribe’’ also means a corporation chartered under section 17 of the
Act of June 18, 1934 (48 Stat. 988; 25
U.S.C. 477) or section 3 of the Act of
June 26, 1936 (49 Stat. 1967; 25 U.S.C.
503).
(c) Individual Indian means:
(1) Any person who is an enrolled
member of a tribe;
(2) Any person who is a descendent of
such a member and said descendant
was, on June 1, 1934, physically residing
on a federally recognized Indian reservation;
(3) Any other person possessing a
total of one-half or more degree Indian
blood of a tribe;
(4) For purposes of acquisitions outside of the State of Alaska, Individual
Indian also means a person who meets
the qualifications of paragraph (c)(1),
(2), or (3) of this section where ‘‘Tribe’’
includes any Alaska Native Village or
Alaska Native Group which is recognized by the Secretary as eligible for
the special programs and services from
the Bureau of Indian Affairs.
(d) Trust land or land in trust status
means land the title to which is held in
trust by the United States for an individual Indian or a tribe.
(e) Restricted land or land in restricted
status means land the title to which is
held by an individual Indian or a tribe
and which can only be alienated or encumbered by the owner with the approval of the Secretary because of limi-

tations contained in the conveyance instrument pursuant to Federal law or
because of a Federal law directly imposing such limitations.
(f) Unless another definition is required by the act of Congress authorizing a particular trust acquisition, Indian reservation means that area of land
over which the tribe is recognized by
the United States as having governmental jurisdiction, except that, in the
State of Oklahoma or where there has
been a final judicial determination
that a reservation has been disestablished or diminished, Indian reservation
means that area of land constituting
the former reservation of the tribe as
defined by the Secretary.
(g) Land means real property or any
interest therein.
(h) Tribal consolidation area means a
specific area of land with respect to
which the tribe has prepared, and the
Secretary has approved, a plan for the
acquisition of land in trust status for
the tribe.
[45 FR 62036, Sept. 18, 1980, as amended at 60
FR 32879, June 23, 1995]

§ 151.3 Land acquisition policy.
Land not held in trust or restricted
status may only be acquired for an individual Indian or a tribe in trust status when such acquisition is authorized
by an act of Congress. No acquisition of
land in trust status, including a transfer of land already held in trust or restricted status, shall be valid unless
the acquisition is approved by the Secretary.
(a) Subject to the provisions contained in the acts of Congress which
authorize land acquisitions, land may
be acquired for a tribe in trust status:
(1) When the property is located
within the exterior boundaries of the
tribe’s reservation or adjacent thereto,
or within a tribal consolidation area;
or
(2) When the tribe already owns an
interest in the land; or
(3) When the Secretary determines
that the acquisition of the land is necessary to facilitate tribal self-determination, economic development, or
Indian housing.
(b) Subject to the provisions contained in the acts of Congress which
authorize land acquisitions or holding

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§ 273.12

25 CFR Ch. I (4–1–08 Edition)

for supplemental or operational support programs as required in this part.
(c) Tribal organizations must comply
with the following requirements to obtain contracts for supplemental programs or operational support:
(1) The application submitted by the
tribal organization shall meet the requirements in § 273.20 in addition to
those in § 271.14 of this chapter.
(2) The requirements in §§ 271.1
through 271.27, 271.41 through 271.52,
271.54, 271.61 through 271.66, and 271.81
through 271.84 shall apply to such contracts with tribal organizations.
(3) The provisions in §§ 271.71 through
271.77 of this chapter concerning retrocession and reassumption of programs do not apply to a tribal organization retroceding a contract for supplemental programs or operational support as the Bureau does not operate
education programs authorized to be
contracted under the Johnson-O’Malley
Act. However, the tribal organization
may retrocede such a contract and the
Bureau will then contract with a State,
school district, or Indian corporation
under this part for the supplemental
programs or operational support.
(4) The requirements in §§ 273.12
through 273.18, 273.20, 273.21, 273.31
through 273.38, 273.41, 273.51 and 273.52
shall apply to such contracts with tribal organizations.
(5) The requirements in 41 CFR part
14H–70 shall apply to such contracts
with tribal organizations.
[40 FR 51303, Nov. 4, 1975, as amended at 41
FR 5098, Feb. 4, 1976]

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§ 273.12

Eligible students.

Indian students, from age 3 years
through grade(s) 12, except those who
are enrolled in Bureau or sectarian operated schools, shall be eligible for benefits provided by a contract pursuant
to this part if they are 1⁄4 or more degree Indian blood and recognized by the
Secretary as being eligible for Bureau
services. Priority shall be given to contracts (a) which would serve Indian
students on or near reservations and
(b) where a majority of such Indian
students will be members of the
tribe(s) of such reservations (as defined
in § 273.2(o)).

§ 273.13 Proposals
tracts.

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(a) Any proposal to contract for funding a program which meets the definition of a supplemental program given
in § 273.2(t) will be considered an eligible proposal under this part.
(b)(1) To contract for operational
support, a public school district shall
be required to establish as part of the
proposal that:
(i) It cannot meet the applicable minimum State standards or requirements
without such funds.
(ii) It has made a reasonable tax effort with a mill levy at least equal to
the State average in support of educational programs.
(iii) It has fully utilized all other
sources of financial aid, including all
forms of State aid and Pub. L. 874 payments. The State aid contribution per
pupil must be at least equal to the
State average.
(iv) There is at least 70 percent eligible Indian enrollment within the
school district.
(v) It shall clearly identify the educational needs of the students intended
to benefit from the contract.
(vi) It has made a good faith effort in
computing State and local contributions without regard to contract funds
pursuant to this part.
(vii) It shall not budget or project a
deficit by using contract funds pursuant to this part.
(2) The requirements given in paragraph (b)(1) of this section do not apply
to previously private schools.
(c) At his discretion, the Commissioner may consider as eligible a proposal to contract under which a school
district will be reimbursed for the full
per capita costs of educating Indian
students who meet all of the following:
(1) Are members of recognized Indian
tribes.
(2) Do not normally reside in the
State in which the school district is located.
(3) Are residing in Federal boarding
facilities for the purpose of attending
public schools within the school district.

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