[Code of Federal Regulations]

[Title 34, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR401.5]



[Page 18-19]

 

                           TITLE 34--EDUCATION

 

  CHAPTER IV--OFFICE OF VOCATIONAL AND ADULT EDUCATION, DEPARTMENT OF 

                                EDUCATION

 

PART 401_INDIAN VOCATIONAL EDUCATION PROGRAM--Table of Contents

 

                            Subpart A_General

 

Sec. 401.5  What definitions apply?



    (a) The definitions in 34 CFR 400.4 apply to this part.

    (b) The following definitions also apply to this part:

    Act of April 16, 1934 means the Federal law commonly known as the 

``Johnson-O'Malley Act'' that authorizes the Secretary of the Interior 

to make contracts for the education of Indians and other purposes (25 

U.S.C. 455-457).

    Acute economic need means an income that is at or below the national 

poverty level according to the latest available data from the Department 

of Commerce or the Department of Health and Human Services Poverty 

Guidelines.

    Bureau means the Bureau of Indian Affairs, Department of the 

Interior.

    Bureau-funded school means--

    (1) 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;

    (2) An elementary or secondary school or a dormitory that receives 

financial assistance for its operation under a contract or agreement 

with the Bureau under sections 102, 104(1), or 208 of the Indian Self-

Determination and Education Assistance Act (25 U.S.C. 450f, 450h(1), and 

458d); or

    (3) A school for which assistance is provided under the Tribally 

Controlled Schools Act of 1988.





(Authority: 20 U.S.C. 2313(b); 25 U.S.C. 2019 (3), (4), and (5))





[[Page 19]]





    Indian means a person who is a member of an Indian tribe.





(Authority: 25 U.S.C. 450b(d))



    Indian tribe means any Indian tribe, band, Nation, or other 

organized group 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) that is federally 

recognized as eligible for the special programs and services provided by 

the United States to Indians because of their status as Indians.





(Authority: 25 U.S.C. 450b(e))



    Stipend means a subsistence allowance for a student that is 

necessary for the student to participate in a project funded under this 

program.

    Tribal organization means the recognized governing body of any 

Indian tribe or any legally established organization of Indians that is 

controlled, sanctioned, or chartered by that governing body or that is 

democratically elected by the adult members of the Indian community to 

be served by the organization and that includes the maximum 

participation of Indians in all phases of its activities. However, in 

any case where a contract is let or grant made to an organization to 

perform services benefiting more than one Indian tribe, the approval of 

each of those Indian tribes must be a prerequisite to the letting or 

making of that contract or grant.



(Authority: 20 U.S.C. 2313(a)(1)(A), (b); 25 U.S.C. 450b(l))