Page:United States Statutes at Large Volume 102 Part 2.djvu/609

 PUBLIC LAW 100-427—SEPT. 9, 1988

102 STAT. 1613

SEC. 22. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.

Section 5342(a)(l)(A) of the Indian Education Act of 1988 (25 U.S.C. 2642(a)(l)(A)) is amended by striking out "Indians" and inserting in lieu thereof "Indians,". SEC. 23. DEFINITIONS.

Section 5351 of the Indian Education Act of 1988 (25 U.S.C. 2651) is amended— (1) by amending paragraph (4)(A) to read as follows: "(A) a member (as defined by an Indian tribe, band, or other organized group) of such Indian tribe, band, or other organized group of Indians, including those Indian tribes, bands, or groups terminated since 1940 and those recognized by the State in which they reside,"; (2) in paragraph (5)(A)— (A) by striking out "The" and inserting in lieu thereof "Except as provided in subparagraph (B), the"; (B) by striking out "section 198(a)(10)" and inserting in lieu thereof "section 1471(12)"; and (C) by striking out "(20 U.S.C. 2854(a)(10))" and inserting in lieu thereof "(20 U.S.C. 2891(12)"; and (3) in paragraph 5(B)— (A) by striking out "The term" and all that follows through "includes—" and inserting in lieu thereof the fol- lowing: "For purposes of the formula grant of subpart 1 (except for sections 5314(b)(2)(B)(ii) and 5315(c)), the term 'local educational agency' includes—"; and (B) by striking out "education" in clause (ii) and inserting in lieu thereof "educational". SEC. 24. TRIBALLY CONTROLLED COMMUNITY COLLEGES.

Section 108 of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1808) is amended by adding at the end thereof the following: "(c) Nothing in this section shall be construed as interfering with, or suspending the obligation of the Bureau for, the implementation of all legislative provisions enacted prior to April 28, 1988, specifically including those of Public Law 98-192.". SEC. 25. USE OF BUREAU FACILITIES.

(a) IN GENERAL.—Section 5405(a) of the Augustus F. HawkinsRobert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (25 U.S.C. 17(a)) is amended to read as follows: "(a) IN GENERAL.—The Secretary of the Interior may permit tribal overnments and organizations and student organizations to use lureau of Indian Affairs equipment, land, buildings, and other structures if such use does not interfere with the purpose for which they are administered by the Bureau and when such use benefits Indians or Federal or federally funded programs. The Secretary may charge the user for the cost of the utilities and other expenses incurred for the use. The amounts collected shall be credited to the appropriation or fund from which the expenses are paid and shall be available until the end of the fiscal year following the fiscal year in which collected. The Secretary's decision to not permit a use under this section is final and shall not be subject to judicial review.". (b) Section 5405 of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of

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Public lands. Public buildings and grounds.

Utilities.

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