subpart 5—federal administration

Subpart Referred to in Other Sections

This subpart is referred to in section 7882 of this title.

§7871. National Advisory Council on Indian Education

(a) Membership

There is established a National Advisory Council on Indian Education (hereafter in this section referred to as the "Council"), which shall—

(1) consist of 15 Indian members, who shall be appointed by the President from lists of nominees furnished, from time to time, by Indian tribes and organizations; and

(2) represent different geographic areas of the United States.

(b) Duties

The Council shall—

(1) advise the Secretary concerning the funding and administration (including the development of regulations and administrative policies and practices) of any program, including any program established under this part—

(A) with respect to which the Secretary has jurisdiction; and

(B)(i) that includes Indian children or adults as participants; or

(ii) that may benefit Indian children or adults;

(2) make recommendations to the Secretary for filling the position of Director of Indian Education whenever a vacancy occurs; and

(3) submit to the Congress, not later than June 30 of each year, a report on the activities of the Council, including—

(A) any recommendations that the Council considers appropriate for the improvement of Federal education programs that include Indian children or adults as participants, or that may benefit Indian children or adults; and

(B) recommendations concerning the funding of any program described in subparagraph (A).

(Pub. L. 89–10, title IX, §9151, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3792.)

§7872. Peer review

The Secretary may use a peer review process to review applications submitted to the Secretary under subpart 2, 3, or 4 of this part.

(Pub. L. 89–10, title IX, §9152, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3793.)

§7873. Preference for Indian applicants

In making grants under subpart 2, 3, or 4 of this part, the Secretary shall give a preference to Indian tribes, organizations, and institutions of higher education under any program with respect to which Indian tribes, organizations, and institutions are eligible to apply for grants.

(Pub. L. 89–10, title IX, §9153, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3793.)

§7874. Minimum grant criteria

The Secretary may not approve an application for a grant under subpart 2 or 3 of this part unless the application is for a grant that is—

(1) of sufficient size, scope, and quality to achieve the purpose or objectives of such grant; and

(2) based on relevant research findings.

(Pub. L. 89–10, title IX, §9154, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3793.)