Amendment to Title 25 USC - Indian Education Programs

PUBLIC LAW 99-228—DEC. 28, 1985

99 STAT. 1747

Public Law 99-228
99th Congress
An Act
To amend title 25, United States Code, relating to Indian education programs, and
for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 1128 of
Public Law 95-561 (25 U.S.C. 2008), as amended, is amended by—
(1) deleting "Indian students" in subsection (aXD and
substituting in lieu thereof "eligible Indian students"; and
(2) deleting "Indian child" between the words "for each" and
"attending such school", and "for an" and "in public school" in
subsection (b), and substitute in lieu thereof "eligible Indian
student"; and
(3) by adding the following new subsections:
"(f) In this section 'eligible Indian student' means a student who—
"(1) is a member of or is at least a one-fourth degree Indian
blood descendant of a member of an Indian tribe which 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, and
"(2) resides on or near an Indian reservation or meets the
criteria for attendance at a Bureau off-reservation boarding
school.
"(g)(1) An eligible Indian student may not be charged tuition for
attendance at a Bureau or contract school. A student attending a
Bureau school under clause (2)(C) of this subsection may not be
charged tuition.
"(2) 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,
"(B) the school board consents, and
"(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) a tuition is paid for the student that is not more than
that charged by the nearest public school district for out-ofdistrict students. The tuition collected is in addition to the
school's allocation under this section.
"(3) The school board of a contract school may permit students who are not eligible Indian students under this subsection
to attend its contract school and any tuition collected for those
students is in addition to funding under this section.".

Dec. 28, 1985
[S. 1621]

Schools and
colleges.

99 STAT. 1748
25 use 2008
note.

Repeal.
25 use 320.

PUBLIC LAW 99-228—DEC. 28, 1985

SEC. 2. Any other provision of law notwithstanding, the Secretary
of the Interior shall count for funding purposes under section 1128
of Public Law 95-561 during the 1985-1986 academic year each
student attending a Bureau or contract school during the count
week for that year if the student (a) was counted for funding
purposes under section 1128 for the 1984-1985 academic year and (b)
is an eligible Indian student under the amendment to section 1128
in section 1 of this Act.
SEC. 3, The following provisions of law are hereby repealed—
(1) in the Act of March 1, 1907 (ch. 2285, 34 Stat. 1015) the
first full paragraph on page 1018 (25 U.S.C. 288).
(2) in the Act of March 3, 1909 (ch. 263, 35 Stat. 781) the last
two provisos in the second full paragraph on page 783 (25 U.S.C.
289).
(3) in the Act of May 27, 1918 (ch. 86, 40 Stat. 561) the third
proviso in the paragraph under the heading "SUPPORT OF INDIAN
SCHOOLS" on page 564 (25 U.S.C. 297).".
Approved December 28, 1985.

LEGISLATIVE HISTORY—S. 1621:
SENATE REPORT No. 99-180 (Select Comm. on Indian Affairs).
eONGRESSIONAL REOORD, Vol. 131 (1985):
Dec. 18, considered and passed Senate.
Dec. 16, considered and passed House.