(3) The term "pre-Columbian monumental or architectural sculpture or mural" means—

(A) any stone carving or wall art which

(i) is the product of a pre-Columbian Indian culture of Mexico, Central America, South America, or the Caribbean Islands;

(ii) was an immobile monument or architectural structure or was a part of, or affixed to, any such monument or structure; and

(iii) is subject to export control by the country of origin; or

(B) any fragment or part of any stone carving or wall art described in subparagraph (A) of this paragraph.

(4) The term "country of origin", as applied to any pre-Columbian monumental or architectural sculpture or mural, means the country where such sculpture or mural was first discovered.

(Pub. L. 92-587, title II, § 205, Oct. 27, 1972, 86 Stat. 1297.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2091 of this title.

Ex. ORD. No. 11185. COORDINATION OF FEDERAL EDUCATION PROGRAMS

Ex. Ord. No. 11185, Oct. 16, 1964, 29 F.R. 14399, as amended by Ex. Ord. No. 11260, Dec. 11, 1965, 30 F.R. 15395; Ex. Ord. No. 11661, Mar. 24, 1972, 37 F.R. 6281, provided:

SECTION 1. Functions of the Secretary of Health, Education, and Welfare. The Secretary, with the assistance of the Commissioner of Education (hereinafter referred to as the Commissioner), shall identify the education needs and goals of the Nation and from time to time shall recommend to the President policies for promoting the progress of education.

SEC. 2. Functions of the Commissioner of Education. Under the direction of the Secretary, the Commissioner shall:

(c) provide information requested by the Secretary or the Commissioner on educational matters; and

(d) cooperate with the Secretary and the Commissioner in the conduct of such studies and analyses as may be necessary to carry out the responsibilities and duties assigned by this order. To this end the heads of Federal agencies shall maintain information on current and planned activities that can readily be analyzed in conjunction with information on related activities of other Federal agencies.

SEC. 4. Establishment and functions of a Federal Interagency Committee on Education.

(b) The Committee shall advise the Secretary, the Commissioner, and the heads of Federal agencies in connection with the responsibilities assigned to them by this order.

(c) The Committee shall be composed of the Commissioner, who shall be the chairman, and one appropriate representative of each of the following: the Department of State, the Department of Defense, the Department of Agriculture, the Department of Labor, the National Science Foundation, the Atomic Energy Commission, and the National Aeronautics and Space Administration.

Page 423

§ 2. Repealed. Pub. L. 92-318, title III, § 301(b)(2)(A), June 23, 1972, 86 Stat. 332.

Section, R.S. § 517, provided for the appointment of a Commissioner of Education to manage the Office of Education, now covered by section 1221c of this title.

EFFECTIVE DATE OF REPEAL

Section 301(b)(2)(A) of Pub. L. 92-318 provided in part that the repeal of this section shall be effective July 1, 1972.

Chapter 5.-GOVERNMENT COLLECTIONS AND INSTITUTIONS FOR RESEARCH AND MATERIAL FOR EDUCATIONAL INSTITUTIONS § 91. Literary and scientific collections accessible to investigators and students.

TRANSFER OF FUNCTIONS

The effective date of Reorg. Plan No. 4 of 1970, referred to in the note under this section in the 1970 ed. of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein.

Chapter 6A.-VENDING STANDS FOR BLIND IN FEDERAL BUILDINGS

§ 107. Operation of vending stand authorized; pref

erences.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Office of Management and Budget note set out under this section in the main volume.

DELEGATION OF FUNCTIONS

Authority of the President under this section to approve regulations prescribed by the heads of the respective departments and agencies thereunder delegated to the Secretary of Health, Education, and Welfare, see section 3(1) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.

EXECUTIVE ORDER NO. 10604

Ex. Ord. No. 10604, Apr. 22, 1955, 20 F.R. 2747, set out as a note under this section, which delegated to the Director of the Bureau of the Budget the authority vested in the President under this section to approve regulations prescribed by the head of the respective departments and agencies, was superseded by Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.

Chapter 11.-NATIONAL ARBORETUM

§ 191. Establishment; site; acquisition of land.

DELEGATION OF FUNCTIONS

Authority of the President under this section to transfer to the jurisdiction of the Secretary of Agriculture for the purposes of this chapter any land belonging to the United States within or adjacent to the District of Columbla located along the Anacostia River North of Benning

Bridge delegated to the Administrator of General Services, see section 1(18) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.

Chapter 13.-FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

SUBCHAPTER III.-FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR EDUCATION OF INDIAN CHILDREN [NEW]

Sec.

241aa. Congressional declaration of policy. 241bb. Grants to local educational agencies.

(a) Entitlement; computation; average per pupil expenditure.

(b) Non-local educational agencies.

241cc. Uses of Federal funds.

241dd. Applications for grants; conditions for approval; reports; amendments.

241ee. Payments; limitations.

241ff. Adjustments where necessitated by appropriations. SUBCHAPTER IV.-GENERAL PROVISIONS

SUBCHAPTER I.-ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES IN AREAS AFFECTED BY FEDERAL ACTIVITY

§ 240. Method of making payments. (a) Application; Indian lands.

(1) No local educational agency shall be entitled to any payment under sections 237, 238, or 239 of this title for any fiscal year except upon application therefor, submitted through the State educational agency and filed in accordance with regulations of the Commissioner, which application gives adequate assurance that the local educational agency will submit such reports as the Commissioner may reasonably require to determine the amount to which such agency is entitled under this subchapter.

(2) (A) Applications for payment on the basis of children determined under section 238(a) or 238(b) of this title who reside, or reside with a parent employed, on Indian lands shall set forth adequate assurance that Indian children will participate on an equitable basis in the school program of the local educational agency.

(B) For the purposes of this paragraph, Indian lands means that property included within the definition of Federal property under clause (A) of section 244 (1) of this title.

(As amended June 23, 1972, Pub. L. 92-318, title IV, § 411 (c) (1), 86 Stat. 338.)

AMENDMENTS

1972 Subsec. (a). Pub. L. 92-318 designated existing provisions as par. (1) and added par. (2).

§ 241. Education of children where local agencies cannot supply facilities.

DEPENDENTS OF FEDERAL AVIATION ADMINISTRATION AND COAST GUARD PERSONNEL

Pub. L. 92-398, title III, § 313, Aug. 22, 1972, 86 Stat. 591, provided that: "Funds appropriated under this Act [Department of Transportation and Related Agencies Appropriation Act, 1973] for expenditure by the Federal Aviation Administration and the Coast Guard shall be available (1) for expenses of primary and secondary schooling for dependents of Federal Aviation Administration and Coast Guard personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that

the schools, if any, available in the locality are unable to provide adequately for the education of such dependents, and (2) for transportation of said dependents between schools serving the area which they attend and their places of residence when the Secretary, under such regulations as he may prescribe, determines that such schools are not accessible by public means of transportation on a regular basis."

Similar provisions were contained in Pub. L. 92-74, title I, § 101, Aug. 10, 1971, 85 Stat. 203.

SUBCHAPTER II.-ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR THE EDUCATION OF CHILDREN OF LOW-INCOME FAMILIES

§ 241a. Congressional declaration of policy.

PARENTAL PARTICIPATION FOR FINANCIAL ASSISTANCE UNDER SUBCHAPTER; INDIAN LANDS

Pub. L. 92-318, title IV, § 411 (c) (2), June 23, 1972, 86 Stat. 339, provided that:

"(A) The Commissioner shall exercise his authority under section 425 of the General Education Provisions Act [section 1231d of this title], to encourage local parental participation with respect to financial assistance under title I of Public Law 874, 81st Congress [this subchapter], based upon children who reside on, or reside with a parent employed on, Indian lands.

"(B) For the purposes of this paragraph, the term 'Indian lands' means that property included within the definition of Federal property under clause (A) of section 403 (1) of Public Law 874, 81st Congress [section 244(1) of this title]."

§ 241c. Grants.

PART A.-BASIC GRANTS

(a) Determination of grants; eligibility of State educational agency or other State or local public agency for grant.

(1) (A) There is hereby authorized to be appropriated for each fiscal year for the purposes of this paragraph an amount equal to not more than 3 per centum of the amount appropriated for such year for payments to States under section 241g (a) of this title (other than payments under such section to jurisdictions excluded from the term "State" by this subsection). The Commissioner shall allot the amount appropriated pursuant to this paragraph among Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective need for such grants. In addition, he shall allot from such amount to the Secretary of the Interior

(i) the amount necessary to make payments pursuant to subparagraph (B); and

(ii) in the case of fiscal years ending prior to July 1, 1973, the amount necessary to make payments pursuant to subparagraph (C). The maximum grant which a local educational agency in Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands shall be eligible to receive shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this part.

(C) The maximum amount allotted for payments to the Secretary of the Interior under clause (i) in the third sentence of subparagraph (A) for any fiscal year shall be the amount necessary to meet the special educational needs of educationally deprived Indian children on reservations serviced by

elementary and secondary schools operated for Indian children by the Department of the Interior, as determined pursuant to criteria established by the Commissioner. Such payments shall be made pursuant to an agreement between the Commissioner and the Secretary containing such assurances and terms as the Commissioner determines will best achieve the purposes of this part. Such agreement shall contain (1) an assurance that payments made pursuant to this subparagraph will be used solely for programs and projects approved by the Secretary of the Interior which meet the applicable requirements of section 241e(a) of this title and that the Department of the Interior will comply in all other respects with the requirements of this subchapter, and (2) provision for carrying out the applicable provisions of sections 241e (a) and 241f (a)(3) of this title.

(7) In the case of a State agency which is directly responsible for providing free public education for children in institutions for neglected or delinquent children or in adult correctional institutions, if such funds are used solely for children, the maximum grant which that agency shall be eligible to receive under this part for any fiscal year shall be an amount equal to the Federal percentage of the average per pupil expenditure in that State or, if greater, in the United States multiplied by the number of such children in average daily attendance, as determined by the Commissioner, at schools for such children operated or supported by that State agency, including schools providing education for such children under contract or other arrangement with such agency, in the most recent fiscal year for which satisfactory data are available. Such State agency shall use payments under this part only for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of such children.

(As amended June 23, 1972, Pub. L. 92-318, title IV, § 411(b) (1), (2), title V, § 508, 86 Stat. 338, 352.)

AMENDMENTS

1972 Subsec. (a)(1)(A). Pub. L. 92-318, § 411(b) (1), (2) (B), incorporated existing provisions of third sentence in provisions designated as item (1), substituted provisions of item "(ii) in the case of fiscal years ending prior to July 1, 1973, the amount necessary to make payments pursuant to subparagraph (C)" for "for the fiscal year ending June 30, 1968, and each of the succeeding fiscal years ending prior to July 1, 1972, the amount necessary to meet the special educational needs of educationally deprived children on reservations serviced by elementary and secondary schools operated for Indian children by the Department of Interior" and struck from fourth sentence "and the terms upon which payment shall be made to the Department of the Interior" preceding "shall be determined". Subsec. (a)(1)(C). Pub. L. 92-318, § 411(b) (2) (A), added par. (C).

Subsec. (a) (7). Pub. L. 92-318, § 508, inserted "or in adult correctional institutions, if such funds are used solely for children" after "for children in institutions for neglected or delinquent children".

EFFECTIVE DATE OF 1972 AMENDMENT

Section 411(b)(3) of Pub. L. 92-318 provided that: "The amendments made by this subsection [to subsec. (a)(1)

of this section] shall be effective on and after July 1, 1972."

PART D.-GENERAL PROVISIONS

§ 241e. Application for grants by local agency.

(c) Education of migratory children of migratory agricultural workers.

(1) A State educational agency or a combination of such agencies may apply for a grant for any fiscal year under this subchapter to establish or improve, either directly or through local educational agencies, programs of education for migratory children of migratory agricultural workers. The Commissioner may approve such an application only upon his determination

(A) that payments will be used for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of migratory children of migratory agricultural workers, and to coordinate these programs and projects with similar programs and projects in other States, including the transmittal of pertinent information with respect to school records of such children;

(B) that in planning and carrying out programs and projects there has been and will be appropriate coordination with programs administered under part B of title III of the Economic Opportunity Act of 1964;

(C) that, effective after June 30, 1972, in planning and carrying out programs and projects, there has been adequate assurance that provision will be made for the preschool educational needs of migratory children of migratory agricultural workers, whenever such agency determines that compliance with this clause will not detract from the operation of programs and projects described in clause (A) of this paragraph after considering the funds available for this purpose; and

(D) that such programs and projects will be administered and carried out in a manner consistent with the basic objectives of clauses (1) (B) and (2) through (11) of subsection (a) of this section, and of section 241f (a) of this title.

The Commissioner shall not finally disapprove an application of a State educational agency under this paragraph except after reasonable notice and opportunity for a hearing to the State educational agency.

(3) For purposes of this subsection, with the concurrence of his parents, a migratory child of a migratory agricultural worker shall be deemed to continue to be such a child for a period, not in excess of five years, during which he resides in the area served by the agency carrying on a program or project under this subsection. Such children who are presently migrant, as determined pursuant to regulations of the Commissioner, shall be given priority in the consideration of programs and activities contained in applications submitted under this subsection. (As amended June 23, 1972, Pub. L. 92-318, title V, § 507 (a), (b), 86 Stat. 352.)

AMENDMENTS

1972 Subsec. (c) (1) (C). Pub. L. 92-318, § 507(a), added cl. (C). Former cl. (C) redesignated (D).

Subsec. (c) (1) (D). Pub. L. 92-318, § 507(a), redesignated former cl. (C) as (D).

Subsec. (c) (3). Pub. L. 92-318, § 507(b), provided that children who are presently migrant, as determined under regulations of the Commissioner, shall be given priority in the consideration of programs and activities contained in applications submitted under this subsection. MIGRATORY CHILDREN OF MIGRATORY AGRICULTURAL WORKERS; STUDY ON EDUCATIONAL AFFECTS OF SUBCHAPTER II; REPORT

Section 507 (c) of Pub. L. 92-318 provided that:

"(1) The Commissioner shall conduct a study of the operation of title I of the Elementary and Secondary Education Act of 1965 [this subchapter] as such title affects the education of migratory children of migratory agricultural workers. Such study shall include an evaluation of the specific programs and projects assisted under such title I for such children, with a view toward the assessment of their effectiveness, and shall include a review of the administration of such programs and projects by the States.

"(2) Not later than December 31, 1973, the Commissioner shall submit a report on the study required by paragraph (1), which report shall contain a statement with respect to the effectiveness of individual programs and projects assisted under such title I [this subchapter] with respect to migrant children, an evaluation of State administration of such programs and projects, and make recommendations for the improvement of such programs and projects."

SUBCHAPTER III.—FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR EDUCATION OF INDIAN CHILDREN [NEW]

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 1221aa, 1221bb of this title.

§ 241aa. Congressional declaration of policy.

(a) In recognition of the special educational needs of Indian students in the United States, Congress hereby declares it to be the policy of the United States to provide financial assistance to local educational agencies to develop and carry out elementary and secondary school programs specially designed to meet these special educational needs.

(b) The Commissioner shall, in order to effectuate the policy set forth in subsection (a) of this section, carry out a program of making grants to local educational agencies which are entitled to payments under this subchapter and which have submitted, and had approved, applications therefor, in accordance with the provisions of this subchapter. (Sept. 30, 1950, ch. 1124, title III, § 302, as added Pub. L. 92318, title IV, § 411(a), June 23, 1972, 86 Stat. 335.)

SHORT TITLE

Section 401 of Pub. L. 92-318 provided that: "This title [which enacted this subchapter and sections 87c, 1119a, 1211a, and 1221aa to 1221cc of this title, amended sections 240 (a), 241c(a) (1), 822(a)(1), 842(a) (1), 880b3a (a), 1091b(a), and 1412(a)(1) (B) of this title, and enacted provisions set out as notes under sections 241a, 341c, and 821 of this title] may be cited as the 'Indian Education Act'."

Act Sept. 30, 1950, ch. 1124, title III, § 301, as added June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 334, provided that: "This title [this subchapter] may be cited as the 'Indian Elementary and Secondary School Assistance Act'."

§ 241bb. Grants to local educational agencies. (a) Entitlement; computation; average per pupil expenditure.

(1) For the purpose of computing the amount to which a local educational agency is entitled under this subchapter for any fiscal year ending prior to July 1, 1975, the Commissioner shall determine the number of Indian children who were enrolled in the schools of a local educational agency, and for whom such agency provided free public education, during such fiscal year.

(2) (A) The amount of the grant to which a local educational agency is entitled under this subchapter for any fiscal year shall be an amount equal to (i) the average per pupil expenditure for such agency (as determined under subparagraph (C)) multipled by (ii) the sum of the number of children determined under paragraph (1).

(B) A local educational agency shall not be entitled to receive a grant under this subchapter for any fiscal year unless the number of children under this subsection, with respect to such agency, is at least ten or constitutes at least 50 per centum of its total enrollment. The requirements of this subparagraph shall not apply to any such agencies serving Indian children in Alaska, California, and Oklahoma or located on, or in proximity to, an Indian reservation.

(C) For the purposes of this subsection, the average per pupil expenditure for a local educational agency shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all of the local educational agencies in the State in which such agency is located, plus any direct current expenditures by such State for the operation of such agencies (without regard to the sources of funds from which either of such expenditures are made) divided by the aggregate number of children who were in average daily enrollment for whom such agencies provided free public education during such preceding fiscal year.

(b) Non-local educational agencies.

In addition to the sums appropriated for any fiscal year for grants to local educational agencies under this subchapter, there is hereby authorized to be appropriated for any fiscal year an amount not in excess of 5 per centum of the amount appropriated for payments on the basis of entitlements computed under subsection (a) of this section for that fiscal year, for the purpose of enabling the Commissioner to provide financial assistance to schools on or near reservations which are not local educational agencies or have not been local educational agencies for more than three years, in accordance with the appropriate provisions of this subchapter. (Sept. 30, 1950, ch. 1124, title III, § 303, as added Pub. L. 92-318, title IV, § 411(a), June 23, 1972, 86 Stat. 335.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 241dd, 241ff of this title.

§ 241cc. Uses of Federal funds.

Grants under this subchapter may be used, in accordance with applications approved under section 241dd of this title, for