Page:United States Statutes at Large Volume 102 Part 1.djvu/401

 PUBLIC LAW 100-297—APR. 28, 1988

102 STAT. 363

(1) The term "Native Hawaiian" means any individual who is— (A) a citizen of the United States, (B) a resident of the State of Hawaii, and (C) a descendant of the aboriginal people, who prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii, as evidenced by— (i) genealogical records, (ii) Kupuna (elders) or Kama'aina (long-term community residents) verification, or (iii) birth records of the State of Hawaii. (2) The term "Secretary" means the Secretary of Education. (3) The term "Native Hawaiian Educational Organization" means a private nonprofit organization that— (A) serves the interests of Native Hawaiians, (B) has a demonstrated expertise in the education of Native Hawaiian youth, and (C) has demonstrated expertise in research and program development. (4) The term "Native Hawaiian Organization" means a private nonprofit organization that— (A) serves the interests of Native Hawaiians, and (B) is recognized by the Governor of Hawaii for the purpose of planning, conducting, or administering programs (or portion of programs) for the benefit of Native Hawaiians. (5) The term "elementary school" has the same meaning given that term under section 1471(7) of this Act. (6) The term "local educational agency" has the same meaning given that term under section 1471(10) of this Act. (7) The term "secondary school" has the same meaning given that term under section 1471(7) of this Act.

TITLE V—INDIAN EDUCATION PART A—BUREAU AND CONTRACT SCHOOLS SEC. 5101. SHORT TITLE.

Indian Education Amendments of

This part may be cited as the "Indian Education Amendments of 25 USC 2001 1988". no<*SEC. 5102. PROHIBITION ON TRANSFERS OF BUREAU AND CONTRACT SCHOOLS.

Section 1121 of the Education Amendments of 1978 (25 U.S.C. 2001) is amended— (1) by adding at the end of subsection (g) the following new paragraph: "(5) The Secretary may terminate, contract, transfer to any other authority, or consolidate or substantially curtail the operation or facilities of— "(A) any Bureau funded school that is operated on or after April 1, 1987, or "(B) any program of such a school that is operated on or after April 1, 1987, only if the tribal governing body approves such action.",

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