Page:United States Statutes at Large Volume 115 Part 2.djvu/1079

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PUBLIC LAW 107-110-JAN. 8, 2002 115 STAT..2063 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), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.". SEC. 1043. TRIBALLY CONTROLLED SCHOOLS ACT OF 1988. The Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) is amended by striking sections 5202 through 5212 and inserting the following new sections: "SEC. 5202. DECLARATION OF POLICY. 25 USC 2501. "(a) RECOGNITION.— Congress recognizes that the Indian Self- Determination and Education Assistance Act, which was a product of the legitimate aspirations and a recognition of the inherent authority of Indian nations, was and is a crucial positive step toward tribal and community control and that the United States has an obligation to assure maximum Indian participation in the direction of educational services so as to render the persons administering such services and the services themselves more responsive to the needs and desires of Indian communities. "(b) COMMITMENT.— Congress declares its commitment to the maintenance of the Federal Government's unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children through the establishment of a meaningful Indian self-determination policy for education that will deter further perpetuation of Federal bureaucratic domination of programs. "(c) NATIONAL GOAL. —Congress declares that a national goal of the United States is to provide the resources, processes, and structure that will enable tribes and local communities to obtain the quantity and quality of educational services and opportunities that will permit Indian children— "(1) to compete and excel in areas of their choice; and "(2) to achieve the measure of self-determination essential to their social and economic well-being. " (d) EDUCATIONAL NEEDS. —Congress affirms— "(1) true self-determination in any society of people is dependent upon an educational process that will ensure the development of qualified people to fulfill meaningful leadership roles; "(2) that Indian people have special and unique educational needs, including the need for programs to meet the linguistic and cultural aspirations of Indian tribes and communities; and