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291 own defined criteria. The membership must consist of individuals who have established, using evidence acceptable to the Secretary, descendancy from a tribe which existed historically or from historical tribes which combined and functioned as a single autonomous entity. . . . (f) The membership of the petitioning group is composed principally of persons who are not members of any other North American Indian tribe. (g) The petitioner is not, nor are its members , the subject of congressional legislation which has expressly terminated or forbidden the Federal relationship. . . . Implementation of decisions. (a) Upon final determination that the petitioner is an Indian tribe, the tribe shall be eligible for services and benefits from the Federal Government available to other federally recognized tribes and entitled to the privileges and immunities available to other federally recognized tribes by virtue of their status as Indian tribes with a government-togovernment relationship to the United States as well as having the responsibilities and obligations of such tribes. Acknowledgment shall subject such Indian tribes to the same authority of Congress and the United States to which other federally acknowledged tribes are subject. . . . [Federal Register, 43:39362–64 (September 5, 1978); codified in 25 Code of Federal Regulations 54.] 185. Tribally Controlled Community College Assistance Act October 17, 1978 The success of the Navajo Community College (established 1968) led Congress to provide funds for other similar institutions, colleges clearly attuned to Indian needs. Title II of this act deals with the Navajo college, which is excluded from the general provisions of the law. An Act to provide for grants to tribally controlled community colleges, and for other purposes. . . . . TITLE I—TRIBALLY CONTROLLED COMMUNITY COLLEGES purpose Sec. 101. It is the purpose of this title to provide grants for the operation and improvement of tribally controlled community colleges to insure continued and expanded educational opportunities for Indian students. grants authorized Sec. 102 (a) The Secretary [of the Interior ] is authorized to make grants pursuant to this title to tribally controlled community colleges to aid in the post-secondary education of Indian students. (b) Grants made pursuant to this title shall go into the general operating funds of the institution to defray the expense of activities related to education programs for Indian students. Funds provided pursuant to this title shall not be used in connection with religious worship or sectarian instruction. eligible grant recipients Sec. 103. To be eligible for assistance under this title, a tribally controlled community college must be one which— (1) is governed by a board of directors or board of trustees a majority of which are Indians; (2) demonstrates adherence to stated goals, a philosophy, or a plan of operation which is directed to meet the needs of Indians; and (3) if in operation for more than one year, has students a majority of whom are Indians. . . . grants to tribally controlled community colleges Sec. 106 (a) Grants shall be made under this title only in response to applications by 292 tribally controlled community colleges. Such applications shall be submitted at such time, in such manner, and will contain or be accompanied by such information as the Secretary may reasonably require pursuant to regulations. The Secretary shall not consider any grant application unless a feasibility study has been conducted under section 105 and it has been found that the applying community college will service a reasonable student population . (b) The Secretary shall consult with the Assistant Secretary of Education of the Department of Health, Education, and Welfare to determine the reasonable number of students required to support a tribally controlled community college. Consideration shall be given to such factors as tribal and cultural differences, isolation, the presence of alternate education sources, and proposed curriculum. . . . (d) In making grants pursuant to this section , the Secretary shall, to the extent practicable , consult with national Indian organizations and with tribal governments chartering the institutions being considered. . . . [U.S. Statutes at Large, 92:1325–27.] 186. Education Amendments Act of 1978 (P.L. 95–561) Title XI—Indian Education November 1, 1978 To provide set standards for Indian schools, Congress directed the secretary of the interior to draw up such standards for basic education of Indian children, for dormitories, and for construction of school facilities. The same act reorganized the administration of Indian education and withdrew personnel in Indian schools from civil service regulations. . . . . Part B—Bureau of Indian Affairs Programs standards for the basic education of indian children in bureau of indian affairs schools Sec. 1121. (a) The Secretary...


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