§ 1801. Definitions

Footnotes

1. 1 So in original. Probably should be section “1001(a)”.
2. 2 So in original. Probably should be “(5)”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Pub. L. 95–471 § 2 · 92 Stat. 1325

   Enacted · 25 U.S.C. § 1801

   Pub. L. 95–471, § 2, formerly § 1, Oct. 17, 1978, 92 Stat. 1325

   Source evidence

   Code source credit
   Pub. L. 95–471, § 2, formerly § 1, Oct. 17, 1978, 92 Stat. 1325

   Enacted provision · exact public law section
   (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, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians;

2. 1983

   Pub. L. 98–192 § 1(1) · 97 Stat. 1335

   1. Amended · 25 U.S.C. § 1801(a)

      Pub. L. 98–192, § 1(1), designated existing provisions as subsec. (a)

   2. Inserted · 25 U.S.C. § 1801(a)

      Pub. L. 98–192, § 1(1), inserted introductory provision preceding par. (1)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 98–192, § 1(1), designated existing provisions as subsec. (a) and inserted introductory provision preceding par. (1).

   Enacted provision · exact public law section
   (1) by striking out “definitions” and inserting in lieu thereof the following: “Sec. 2. “definitions (a) For purposes of this Act, the term—”; 25 USC 1801.

3. 1983

   Pub. L. 98–192 § 1(2) · 97 Stat. 1335

   Struck · 25 U.S.C. § 1801(a)(1)

   Pub. L. 98–192, § 1(2), struck out “and is eligible to receive services from the Secretary of the Interior” after “Indian tribe”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 98–192, § 1(2), struck out “and is eligible to receive services from the Secretary of the Interior” after “Indian tribe”.

   Enacted provision · exact public law section
   (2) by striking out “and is eligible to receive services from the Secretary of the Interior” in paragraph (1);

4. 1983

   Pub. L. 98–192 § 1(3) · 97 Stat. 1335

   Inserted · 25 U.S.C. § 1801(a)(5)

   Pub. L. 98–192, § 1(3), inserted “and the reference to Secretary in clause (5)(A) of such section shall be deemed to refer to the Secretary of the Interior”

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 98–192, § 1(3), inserted “and the reference to Secretary in clause (5)(A) of such section shall be deemed to refer to the Secretary of the Interior”.

   Enacted provision · exact public law section
   (3) by inserting before the semicolon at the end of paragraph (5) thereof the following: “and the reference to Secretary in clause (5)(A) of such section shall be deemed to refer to the Secretary of the Interior”; and

5. 1983

   Pub. L. 98–192 § 1(4) · 97 Stat. 1335

   Substituted · 25 U.S.C. § 1801(a)(7)

   Pub. L. 98–192, § 1(4), substituted provision defining “Indian student count” to mean a number equal to the total number of Indian students enrolled in each tribally controlled community college, determined as consistent with subsec. (b) of this section on the basis of the quotient of the sum of the credit hours of all Indians so enrolled, divided by twelve for provision defining “full-time equivalent Indian student” to mean the number of Indians enrolled full-time and the full-time equivalent of the number of Indians enrolled part-time, determined on the basis of the quotient of the sum of the credit hours of all part-time students divided by twelve, calculated on the basis of registrations as in effect at the conclusion of the sixth week of an academic term

   Source evidence

   Code amendment note
   Subsec. (a)(7). Pub. L. 98–192, § 1(4), substituted provision defining “Indian student count” to mean a number equal to the total number of Indian students enrolled in each tribally controlled community college, determined as consistent with subsec. (b) of this section on the basis of the quotient of the sum of the credit hours of all Indians so enrolled, divided by twelve for provision defining “full-time equivalent Indian student” to mean the number of Indians enrolled full-time and the full-time equivalent of the number of Indians enrolled part-time, determined on the basis of the quotient of the sum of the credit hours of all part-time students divided by twelve, calculated on the basis of registrations as in effect at the conclusion of the sixth week of an academic term.

   Enacted provision · exact public law section
   (4) by striking out paragraph (7) and inserting in lieu thereof the following: “(7) ‘Indian student “Indian student count.” count’ means a number equal to the total number of Indian students enrolled in each tribally controlled community college, 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. “(b) The following conditions shall apply for the purpose of determining the Indian student count pursuant to paragraph (7) of subsection (a): “(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 Credits. shall be counted toward the computation of the Indian student count in the succeeding fall term. “(3) Indian students earning credits in any continuing education program of a tribally controlled community college shall be included in determining the sum of all credit hours. “(4) Credits earned in a continuing education program shall be converted to a credit-hour basis in accordance with the tribally controlled community college’s system for providing credit for participation in such program. “(5) No credit hours earned by an Indian student who is not making satisfactory progress toward a degree or certificate, in accordance with the standards and practices of the appropriate accrediting agency or the institution at which the student is in attendance, shall be taken into account.”.

6. 1983

   Pub. L. 98–192 § 1(4) · 97 Stat. 1335

   Added · 25 U.S.C. § 1801(b)

   Pub. L. 98–192, § 1(4), added subsec. (b)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 98–192, § 1(4), added subsec. (b).

   Enacted provision · exact public law section
   (4) by striking out paragraph (7) and inserting in lieu thereof the following: “(7) ‘Indian student “Indian student count.” count’ means a number equal to the total number of Indian students enrolled in each tribally controlled community college, 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. “(b) The following conditions shall apply for the purpose of determining the Indian student count pursuant to paragraph (7) of subsection (a): “(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 Credits. shall be counted toward the computation of the Indian student count in the succeeding fall term. “(3) Indian students earning credits in any continuing education program of a tribally controlled community college shall be included in determining the sum of all credit hours. “(4) Credits earned in a continuing education program shall be converted to a credit-hour basis in accordance with the tribally controlled community college’s system for providing credit for participation in such program. “(5) No credit hours earned by an Indian student who is not making satisfactory progress toward a degree or certificate, in accordance with the standards and practices of the appropriate accrediting agency or the institution at which the student is in attendance, shall be taken into account.”.

7. 1986

   Tribally Controlled Community College Assistance Amendments of 1986

   Pub. L. 99–428 § 3(a) · 100 Stat. 982

   Added · 25 U.S.C. § 1801(a)(8)

   Pub. L. 99–428, § 3(a), added par. (8)

   Source evidence

   Code amendment note
   Subsec. (a)(8). Pub. L. 99–428, § 3(a), added par. (8).

   Enacted provision · exact public law section
   (a) Satisfactory Progress.— Subsection (a) of section 2 of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1801(a)) is amended— (1) by striking out “and” at the end of paragraph (6), (2) by striking out the period at the end of paragraph (7) and inserting in lieu thereof “; and”, and (3) by adding at the end thereof the following new paragraph: “(8) ‘satisfactory progress toward a degree or certificate’ has the meaning given to such term by the institution at which the student is enrolled.”.

8. 1986

   Tribally Controlled Community College Assistance Amendments of 1986

   Pub. L. 99–428 § 3(b) · 100 Stat. 982

   1. Added · 25 U.S.C. § 1801(b)(3)(6)

      Pub. L. 99–428, § 3(b), added par. (3)

   2. Redesignated · 25 U.S.C. § 1801(b)(3)(6)

      Pub. L. 99–428, § 3(b), redesignated former pars. (3) to (5) as (4) to (6), respectively, and in par. (6) struck out “, in accordance with the standards and practices of the appropriate accrediting agency or the institution at which the student is in attendance,” after “certificate”

   Source evidence

   Code amendment note
   Subsec. (b)(3) to (6). Pub. L. 99–428, § 3(b), added par. (3), redesignated former pars. (3) to (5) as (4) to (6), respectively, and in par. (6) struck out “, in accordance with the standards and practices of the appropriate accrediting agency or the institution at which the student is in attendance,” after “certificate”.

   Enacted provision · exact public law section
   (b) Indian Student Count.— Subsection (b) of section 2 of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1801(b)) is amended— (1) by striking out “, in accordance with the standards and practices of the appropriate accrediting agency or the institution at which the student is in attendance,” in paragraph (5), (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively, and (3) by inserting after paragraph (2) the following new paragraph: “(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.”.

9. 1998

   Higher Education Amendments of 1998

   Pub. L. 105–244 § 901(b)(5) · 112 Stat. 1581

   Substituted · 25 U.S.C. § 1801(a)(4)

   Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college”

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college”.

   Enacted provision · exact public law section
   (5) in sections 2(a)(4), 2(a)(7), 2(b)(4), 102(b), 103, 105, 106(b), 107(a), 107(b), 108(a), 108(b)(3)(A), 108(b)(3)(B), 108(b)(4), 109(b)(2), 109(b)(3), 109(d), 113(a), 113(b), 113(c)(1), 113(c)(2), 302(b), 303, 304, 305(a), and 305(b) (25 U.S.C. 1801(a)(4), 1801(a)(7), 1801(b)(4), 1803(b), 1804, 1805, 1806(b), 1807(a), 1807(b), 1808(a), 1808(b)(3)(A), 1808(b)(3)(B), 1808(b)(4), 1809(b)(2), 1809(b)(3), 1809(d), 1813(a), 1813(b), 1813(c)(1), 1813(c)(2), 1832(b), 1833, 1834, 1835(a), and 1835(b)), by striking “community college” each place the term appears and inserting “college or university”;

   Effective date note
   Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.

10. 1998

    An Act authorizing appropriations and expenditures for the administration of Indian Affairs, and for other purposes

    Pub. L. 105–244 § 102(a)(8)(B) · 112 Stat. 1581

    Substituted · 25 U.S.C. § 1801(a)(5)

    Pub. L. 105–244, § 102(a)(8)(B), substituted “section 1001” for “section 1141(a)”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 105–244, § 102(a)(8)(B), substituted “section 1001” for “section 1141(a)”.

    Enacted provision · exact public law section
    (B) Tribally controlled community college assistance.— Section 2(a)(5) of the Tribally Controlled Community College Assistance Act (25 U.S.C. 1801(a)(5)) is amended by striking “1201(a)” and inserting “101”.

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.

11. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 901(b)(5) · 112 Stat. 1581

    Substituted · 25 U.S.C. § 1801(a)(7)

    Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college”

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college”.

    Enacted provision · exact public law section
    (5) in sections 2(a)(4), 2(a)(7), 2(b)(4), 102(b), 103, 105, 106(b), 107(a), 107(b), 108(a), 108(b)(3)(A), 108(b)(3)(B), 108(b)(4), 109(b)(2), 109(b)(3), 109(d), 113(a), 113(b), 113(c)(1), 113(c)(2), 302(b), 303, 304, 305(a), and 305(b) (25 U.S.C. 1801(a)(4), 1801(a)(7), 1801(b)(4), 1803(b), 1804, 1805, 1806(b), 1807(a), 1807(b), 1808(a), 1808(b)(3)(A), 1808(b)(3)(B), 1808(b)(4), 1809(b)(2), 1809(b)(3), 1809(d), 1813(a), 1813(b), 1813(c)(1), 1813(c)(2), 1832(b), 1833, 1834, 1835(a), and 1835(b)), by striking “community college” each place the term appears and inserting “college or university”;

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.

12. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 901(b)(5) · 112 Stat. 1581

    Substituted · 25 U.S.C. § 1801(b)(4)

    Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college”.

    Enacted provision · exact public law section
    (5) in sections 2(a)(4), 2(a)(7), 2(b)(4), 102(b), 103, 105, 106(b), 107(a), 107(b), 108(a), 108(b)(3)(A), 108(b)(3)(B), 108(b)(4), 109(b)(2), 109(b)(3), 109(d), 113(a), 113(b), 113(c)(1), 113(c)(2), 302(b), 303, 304, 305(a), and 305(b) (25 U.S.C. 1801(a)(4), 1801(a)(7), 1801(b)(4), 1803(b), 1804, 1805, 1806(b), 1807(a), 1807(b), 1808(a), 1808(b)(3)(A), 1808(b)(3)(B), 1808(b)(4), 1809(b)(2), 1809(b)(3), 1809(d), 1813(a), 1813(b), 1813(c)(1), 1813(c)(2), 1832(b), 1833, 1834, 1835(a), and 1835(b)), by striking “community college” each place the term appears and inserting “college or university”;

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.

13. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 901(b)(9) · 112 Stat. 1581

    Substituted · 25 U.S.C. § 1801(b)(5)

    Pub. L. 105–244, § 901(b)(9), substituted “college or university’s” for “community college’s”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 105–244, § 901(b)(9), substituted “college or university’s” for “community college’s”.

    Enacted provision · exact public law section
    (9) in section 2(b)(5) (25 U.S.C. 1801(b)(5)), by striking “community college’s” and inserting “college or university’s”;

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.

14. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 941(a) · 122 Stat. 3078

    Substituted · 25 U.S.C. § 1801(a)(6)

    Pub. L. 110–315, § 941(a), substituted “in the fields of tribally controlled colleges and universities and Indian higher education” for “in the field of Indian education”

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 110–315, § 941(a), substituted “in the fields of tribally controlled colleges and universities and Indian higher education” for “in the field of Indian education”.

    Enacted provision · exact public law section
    (a) Clarification of the Definition of National Indian Organization.— Section 2(a)(6) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801(a)(6)) is amended by striking “in the field of Indian education” and inserting “in the fields of tribally controlled colleges and universities and Indian higher education”.

15. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 941(b) · 122 Stat. 3078

    1. Added · 25 U.S.C. § 1801(a)(7)(9)

       Pub. L. 110–315, § 941(b), added par. (7)

    2. Redesignated · 25 U.S.C. § 1801(a)(7)(9)

       Pub. L. 110–315, § 941(b), redesignated former pars. (7) and (8) as (8) and (9), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(7) to (9). Pub. L. 110–315, § 941(b), added par. (7) and redesignated former pars. (7) and (8) as (8) and (9), respectively.

    Enacted provision · exact public law section
    (b) Indian Student Count.— Section 2(a) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801(a)) is amended— (1) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and (2) by inserting after paragraph (6) the following: “(7) ‘Indian student’ means a student who is— “(A) a member of an Indian tribe; or “(B) a biological child of a member of an Indian tribe, living or deceased;” .

16. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 941(c)(1) · 122 Stat. 3078

    Substituted · 25 U.S.C. § 1801(b)

    Pub. L. 110–315, § 941(c)(1), substituted “subsection (a)(8)” for “paragraph (7) of subsection (a)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–315, § 941(c)(1), substituted “subsection (a)(8)” for “paragraph (7) of subsection (a)” in introductory provisions.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1), by striking “paragraph (7) of subsection (a)” and inserting “subsection (a)(8)”;

17. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 941(c)(2) · 122 Stat. 3078

    1. Added · 25 U.S.C. § 1801(b)(5)

       Pub. L. 110–315, § 941(c)(2), added par. (5)

    2. Struck · 25 U.S.C. § 1801(b)(5)

       Pub. L. 110–315, § 941(c)(2), struck out former par. (5) which read as follows: “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.”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 110–315, § 941(c)(2), added par. (5) and struck out former par. (5) which read as follows: “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.”

    Enacted provision · exact public law section
    (2) by striking paragraph (5) and inserting the following: “(5) Eligible credits earned in a continuing education program— “(A) shall be determined as one credit for every ten contact hours in the case of an institution on a quarter system, or 15 contact hours in the case of an institution on a semester system, of participation in an organized continuing education experience under responsible sponsorship, capable direction, and qualified instruction, as described in the criteria established by the International Association for Continuing Education and Training; and “(B) shall be limited to ten percent of the Indian student count of a tribally controlled college or university.” ; and

18. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 941(c)(3) · 122 Stat. 3078

    Struck · 25 U.S.C. § 1801(b)(6)

    Pub. L. 110–315, § 941(c)(3), struck out par. (6) which read as follows: “No credit hours earned by an Indian student who is not making satisfactory progress toward a degree or certificate shall be taken into account.”

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 110–315, § 941(c)(3), struck out par. (6) which read as follows: “No credit hours earned by an Indian student who is not making satisfactory progress toward a degree or certificate shall be taken into account.”

    Enacted provision · exact public law section
    (3) by striking paragraph (6).

22 of 22 references resolved to an enrolled provision