(i) provides that the activities and service for which assistance is sought will be administered by, or under the supervision of, the applicant; (ii) describes a program for carrying out one or more of the purposes set forth in the first sentence of subparagraph (B) which holds promise of making a substantial contribution toward attaining the purposes of this section; (iii) sets forth such policies and procedures as will insure adequate evaluation of the activities intended to be carried out under the application; (iv) sets forth policies and procedures which assure that Federal funds made available under this section for any fiscal year will be so used as to supplement and, to the extent practical increase the level of funds that would, in the absence of such Federal funds, be made available by the applicant for the purposes described in this section, and in no case supplant such funds; (v) provides for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of an accounting for Federal funds paid to the applicant under this section; and (vi) provides for making an annual report and such other reports, in such form and containing such information, as the Commissioner may reasonably require and for keeping such records, and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports. Applications from local educational agencies for financial assistance under this section may be approved by the Director only if the State educational agency has been notified of the application and been given the opportunity to offer recommendations. (2) Federal assistance to any program or project under this subsection, other than those involving curriculum development, dissemination of curricular materials, and evaluation, shall support up to 100 per centum of the cost of such program including costs of administration; contributions in kind are acceptable as local contributions to program costs. (c) Each recipient of Federal funds under this section shall make such reports and evaluations as the Commissioner shall prescribe by regulation. (d) For the purpose of carrying out this section, the Commissioner is authorized to expend not to exceed $15,000,000 for each fiscal year ending prior to July 1, 1978.1 (20 U.S.C. 887d) Enacted June 23, 1972, P.L. 92-318, sec. 505(a), 86 Stat. 349, 350; amended August 21, 1974, P.L. 93-380, sec. 407, 88 Stat. 553. OPEN MEETINGS OF EDUCATIONAL AGENCIES SEC. 812. No application for assistance under this Act may be considered unless the local educational agency making such application certifies to the Commissioner that members of the public have been afforded the opportunity upon reasonable notice to testify or otherwise 1 Sec. 402 (a) (4) of P.L. 93-380 provides that no appropriation may be made for this section in any fiscal year during which funds are available for the purposes of this section under the provisions of subsection 402 (a) (The Special Projects Act). comment regarding the subject matter of the application. The Commissioner is authorized and directed to establish such regulations as necessary to implement this section. (20 U.S.C. 887e) Enacted August 21, 1974, P.L. 93-380, sec. 110, 88 Stat. 513. TITLE IX-ETHNIC HERITAGE PROGRAM STATEMENT OF POLICY SEC. 901. In recognition of the heterogeneous composition of the Nation and of the fact that in a multiethnic society a greater understanding of the contributions of one's own heritage and those of one's fellow citizens can contribute to a more harmonious, patriotic, and committed populace, and in recognition of the principle that all persons in the educational institutions of the Nation should have an opportunity to learn about the differing and unique contributions to the national heritage made by each ethnic group, it is the purpose of this title to provide assistance designed to afford to students opportunities to learn about the nature of their own cultural heritage, and to study the contributions of the cultural heritages of the other ethnic groups of the Nation. (20 U.S.C. 900) Enacted June 23, 1972, P.L. 92-318, sec. 504 (a), 86 Stat. 346. 347. ETHNIC HERITAGE STUDIES PROGRAMS SEC. 902. The Commissioner is authorized to make grants to, and contracts with, public and private nonprofit educational agencies, institutions, and organizations to assist them in planning, developing, establishing, and operating ethnic heritage studies programs, as provided in this title. (20 U.S.C. 900a) Enacted June 23, 1972, P.L. 92-318, sec. 504(a), 86 Stat. 347. AUTHORIZED ACTIVITIES SEC. 903. Each program assisted under this title shall (1) develop curriculum materials for use in elementary or secondary schools or institutions of higher education relating to the history, geography, society, economy, literature, art, music, drama, language, and general culture of the group or groups with which the program is concerned, and the contributions of that ethnic group or groups to the American heritage; or (2) disseminate curriculum materials to permit their use in elementary or secondary schools or institutions of higher education throughout the Nation; or (3) provide training for persons using, or preparing to use, curriculum materials developed under this title; and (4) cooperate with persons and organizations with a special interest in the ethnic group or groups with which the program is concerned to assist them in promoting, encouraging, developing, or producing programs or other activities which relate to the history, culture, or traditions of that ethnic group or groups. (20 U.S.C. 900a-1) Enacted June 23, 1972. P.L. 92-318, sec. 504 (a), 86 Sat. 347; amended August 21, 1974, P.L. 93-380, sec. 111(b), 88 Stat. 513, 514. APPLICATIONS SEC. 904. (a) Any public or private nonprofit agency, institution, or organization desiring assistance under this title shall make application therefor in accordance with the provisions of this title and other applicable law and with regulations of the Commissioner promulgated for the purposes of this title. The Commissioner shall approve an application under this title only if he determines that (1) the program for which the application seeks assistance will be operated by the applicant and that the applicant will carry out such program in accordance with this title; (2) such program will involve the activities described in section 903; and (3) such program has been planned, and will be carried out, in consultation with an advisory council which is representative of the ethnic group or groups with which the program is concerned and which is appointed in a manner prescribed by regulation. (b) In approving applications under this title, the Commissioner shall insure that there is cooperation and coordination of efforts among the programs assisted under this title, including the exchange of materials and information and joint programs where appropriate. (20 U.S.C. 900a-2) Enacted June 23, 1972, P.L. 92-318, sec. 104 (a), 86 Stat. 347. ADMINISTRATIVE PROVISIONS SEC. 905. (a) In carrying out this title, the Commissioner shall make arrangements which will utilize (1) the research facilities and personnel of institutions of higher education, (2) the special knowledge of ethnic groups in local communities and of foreign students pursuing their education in this country, (3) the expertise of teachers in elementary and secondary schools and institutions of higher education, and (4) the talents and experience of any other groups such as foundations, civic groups, and fraternal organizations which would further the goals of the programs. (b) Funds appropriated to carry out this title may be used to cover all or part of the cost of establishing and carrying out the programs, including the cost of research materials and resources, academic consultants, and the cost of training of staff for the purpose of carrying out the purposes of this title. Such funds may also be used to provide stipends (in such amounts as may be determined in accordance with regulations of the Commissioner) to individuals receiving training as part of such programs, including allowances for dependents. (20 U.S.C. 900a-3) Enacted June 23, 1972, P.L. 92-318, sec. 104 (a), 86 Stat. 347, 348. NATIONAL ADVISORY COUNCIL SEC. 906. (a) There is hereby established a National Advisory Council on Ethnic Heritage Studies consisting of fifteen members appointed by the Secretary who shall be appointed, serve, and be compensated as provided in part D of the General Education Provisions Act. (b) Such Council shall, with respect to the program authorized by this title, carry out the duties and functions specified in part D of the General Education Provisions Act. (20 U.S.C. 900a-4) Enacted June 23, 1972, P.L. 92-318, sec. 104 (a), 86 Stat. 348. APPROPRIATIONS AUTHORIZED SEC. 907. For the purpose of carrying out this title, there are authorized to be appropriated $15,000,000 for each of the fiscal years ending prior to July 1, 1978. Sums appropriated pursuant to this section shall, notwithstanding any other provision of law unless enacted in express limitation of this sentence, remain available for expenditure and obligation until the end of the fiscal year succeeding the fiscal year for which they were appropriated. (20 U.S.C. 900a-5) Enacted June 23, 1972, P.L. 92-318, sec. 104 (a), 86 Stat. 348; amended August 21, 1974, P.L. 93-380, sec. 111 (a) (1), 88 Stat. 513. INDIAN EDUCATION ACT SHORT TITLE SEC. 401. This title may be cited as the "Indian Education Act." PART A-REVISION OF IMPACTED AREAS PROGRAM AMENDMENTS TO PUBLIC LAW 874, EIGHTY-FIRST CONGRESS (NOTE. These provisions are contained in Title III, P.L. 874 at p. 235) * PART B-SPECIAL PROGRAMS AND PROJECTS TO IMPROVE AMENDMENT TO TITLE VIII OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 * (NOTE. These provisions are contained in Title VIII of the ESEA at p. 152) * * * * * SEC. 421 (b) (2). For the purposes of titles II and III of the Elementary and Secondary Education Act of 1965 and part B of title VI of Public Law 91-230, the Secretary of the Interior shall have the same duties and responsibilities with respect to funds paid to him under such titles, as he would have if the Department of the Interior were a State educational agency having responsibilty for the administration of a State plan under such titles. SPECIAL EDUCATIONAL TRAINING PROGRAMS FOR TEACHERS OF INDIAN CHILDREN SEC. 422. (a) The Commissioner is authorized to make grants to and enter into contracts with institutions of higher education, Indian organizations, and Indian tribes for the purpose of preparing individuals for teaching or administering special programs and projects designed to meet the special educational needs of Indian children and to provide in-service training for persons teaching in such programs. Priority shall be given to Indian institutions and organizations. In carrying out his responsibilities under this section, the Commissioner is authorized to award fellowships and traineeships to individuals and to make grants to and to enter into contracts with institutions of higher education, Indian organizations, and Indian tribes for cost of education allowances. In awarding fellowships and traineeships under this section, the Commissioner shall give preference to Indians. (b) In the case of traineeships and fellowships, the Commissioner is authorized to grant stipends to, and allowances for dependents of, persons receiving traineeships and fellowships. (c) There is authorized to be appropriated $2,000,000 for the fiscal year ending June 30, 1975, and for each of the three succeeding fiscal years to carry out the provisions of this section. (20 U.S.C. 887c-1) Enacted August 21, 1974, P.L. 93–380, sec. 632 (c), 88 Stat. 586. FELLOWSHIPS FOR INDIAN STUDENTS SEC. 423. (a) During the fiscal year ending June 30, 1975, and each of the three succeeding fiscal years, the Commissioner is authorized to award not to exceed two hundred fellowships to be used for study in graduate and professional programs at institutions of higher education. Such fellowships shall be awarded to Indian students in order to enable them to pursue a course of study of not less than three, nor more than four, academic years leading toward a professional or graduate degree in engineering, medicine, law, business, forestry and related fields. In addition to the fellowships authorized to be awarded in the first sentence of this subsection, the Commissioner is authorized to award a number of fellowships equal to the number previously awarded during any fiscal year under this subsection but vacated prior to the end of the period during which they were awarded, except that each fellowship so awarded shall be only for a period of study not in excess of the remainder of the period of time for which the fellowship it replaces was awarded, as the Commissioner may determine. (b) The Commissioner shall pay to persons awarded fellowships under this subsection such stipends (including such allowances for subsistence of such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs. (c) The Commissioner shall pay to the institution of higher education at which the holder of a fellowship under this subsection is pursuing a course of study, in lieu of tuition charged such holder, such amounts as the Commissioner may determine to cover the cost of education for the holder of such a fellowship. (20 U.S.C. 887c-2) Enacted August 21, 1974, P.L. 93-380, sec. 632 (c), 88 Stat. 586, 587. |