§ 22.8 Pupils must be blood members of tribe.

Indian pupils for whose care payment is to be made from tribal funds shall be children of duly enrolled members of the tribe who are members of such tribe by blood and not by adoption.

§ 22.9 Reports.

Reports concerning attendance in the institution shall be made as required on blank forms to be furnished by the Commissioner of Indian Affairs.

§ 22.10 Eligibility of pupils.

The institution must agree to eliminate from its rolls as residents those children of Indian blood who live within a reasonable distance from any public or day school, except those children who are found to need special institutional care, and to limit its enrollment to such individual Indian children as are approved for enrollment by the agency superintendent or the superintendent of Indian education designated to approve enrollment or to handle payments under any contract entered into pursuant to this part. Indian children eliminated from Government boarding schools because of satisfactory home and school facilities nearby shall not be permitted to enroll in any school maintained by the institution or its responsible head, except at the personal expense of their parents or guardian, or at the expense of the institution.

§ 22.11 Payments.

Payment will be made to the institution at the yearly rate agreed upon for each and every child in residence authorized to be enrolled under the provisions and restrictions of this part. Payments may be made at the end of each fiscal quarter, or monthly, as provided for by the terms of the individual contract, and shall be computed on the average attendance of children for such period. Payments to the institution for the fiscal year, or any fractional part thereof, shall not exceed a sum aggregating more than the total amount specified under the contract. Where quarterly payments are pro

vided for, such payments shall be made at a rate equal to one-third of the annual per capita rate, and shall be paid at the end of each quarter. If monthly payments are provided for, such payments shall be made at the rate of one-ninth of the annual per capita rate. Children enrolled prior to the Christmas holidays, whether actually present or not during such holidays, shall be regarded as in attendance for the purpose of payment under such contracts.

§ 22.12 Use of tribal funds.

Where payments are to be made in whole or in part from tribal funds, the contract will be approved subject to the condition that payment from such funds will be made only if and when such funds are available.

§ 22.13 Vouchers.

Payments will be made at the end of each month or quarter, as specified in § 22.11, in accordance with the provisions of the contract, on vouchers in duplicate, the original of which must be certified to by the responsible head of the institution, evidencing that such institution has been maintained and managed in accordance with this part and the true intent and meaning of the contract.

§ 22.14 Abrogation.

The Commissioner of Indian Affairs shall have the right to abrogate any contract made in accordance with this part in the manner following:

(a) After 15 days' notice, in writing, to the institution, where the institution has failed to comply with the agreements and stipulations of its contract and the requirements of this part; such 15 days' notice to be computed from and to include the day on which such notice is either served personally by a duly authorized employee of the United States on the institution or is left by such officer at the principal school building of such institution.

(b) After 60 days' notice, in writing, to the institution, for any reason deemed satisfactory to the Commissioner of Indian Affairs; such 60 days' notice to be computed from and to inIclude the day on which such notice is

§ 22.15

either served personally on the institution or is left at the principal school building of such institution.

§ 22.15 Inspection.

Such institution shall be subject to inspection at any time by the Commissioner of Indian Affairs or his duly authorized representative, and the institution shall agree in any contract entered into pursuant hereto that it will dismiss from its service any employee or employees who may be found by the Commissioner of Indian Affairs not to be qualified for the respective positions which they occupy in the institution.

§ 22.16 Modification.

By mutual consent of the parties thereto any contract made under this part may be changed, altered, modified, amended, or abrogated in whole or in part.

§ 22.17 Transfer of contract.

The institution shall agree not to transfer any contract made pursuant to this part, or any interest therein; any violation of this provision will automatically terminate all obligations on the part of the Government thereunder.

§ 22.18 No Member of Congress, etc., to be a party.

No Member of or Delegate to Congress, Resident Commissioner, officer, agent or other employee of the Government shall be admitted to any share or part in any contract made under this part or derive any pecuniary benefit therefrom, but this restriction shall not be construed to extend to any such contract made with a corporation or company for its general benefit.

§ 22.19 Approval.

All contracts made pursuant to this part amounting to $2,000 or over shall be subject to approval by the Secretary of the Interior.

§ 31.0 Definitions.

As used in this part:

(a) "School district" means the local unit of school administration as defined by the laws of the State in which it is located.

(b) "Cooperative school” means a school operated under a cooperative agreement between a school district and the Bureau of Indian Affairs in conformance with State and Federal school laws and regulations.

(35 Stat. 72, 25 U.S.C. 295) [33 FR 6472, Apr. 27, 1968]

§ 31.1 Enrollment in Federal schools.

(a) Enrollment in Bureau-operated schools is available to children of onefourth or more degree of Indian blood reside within the exterior boundaries of Indian reservations under the jurisdiction of the Bureau of Indian Affairs or on trust or restricted lands under the jurisdiction of the Bureau of Indian Affairs except when there are other appropriate school facilities available to them as hereinafter provided in paragraph (c) of this section.

(b) Enrollment in Bureau-operated boarding schools may also be available to children of one-fourth or

more

degree of Indian blood who reside near the reservation when a denial of such enrollment would have a direct effect upon Bureau programs within the reservation.

(c) Children of Federal employees, whether Indian or non-Indian, are deemed eligible on the same basis as other eligible students for enrollment at facilities provided by the school district (including cooperative schools) wherein they reside.

(35 Stat. 72, 25 U.S.C. 295)

[33 FR 6473, Apr. 27, 1968; 33 FR 6968, May 9, 1968]

§ 31.2 Use of Federal school facilities.

Federal Indian school facilities may be used for community activities and for adult education activities upon approval by the superintendent or officer in charge.

Indian and non-Indian children who are not eligible for enrollment in Bureau-operated schools under § 31.1 may be enrolled in such schools under the following conditions:

(a) In boarding schools upon payment of tuition fees, which shall not exceed the per capita cost of maintenance in the school attended, when their presence will not exclude Indian pupils eligible under § 31.1.

(b) In day schools in areas where there are no other adequate free school facilities available, tuition fees may be charged for such enrollment at the discretion of the superintendent or other officer in charge provided such fees shall not exceed the tuition fees allowed or charged by the State or county in which such school is located for the children admitted in the public schools of such State or county. (34 Stat. 1018, 35 Stat. 783. 40 Stat. 564; 25 U.S.C. 288, 289, 297)

[29 FR 5828, May 2, 1964]

§ 31.4 Compulsory attendance.

Compulsory school attendance of Indian children is provided for by law. (60 Stat. 962; 25 U.S.C. 231)

CROSS REFERENCE: For penalties for the failure of Indians to send children to school and for contributing to the delinquency of minors, see §§ 11.65, 11.66 of this chapter.

§ 31.5 Consent for transfer.

Consent of the parents or next of kin, given before the superintendent or other duly authorized person, must be obtained before an Indian child is sent to a school beyond the limits of the State or Territory in which the reservation is located.

(Sec. 1, 28 Stat. 906; 25 U.S.C. 286)

§ 31.6 Coercion prohibited.

There shall be no coercion of children in the matter of transfers from one school to another, but voluntary enrollment should be effected through maintenance of Federal Indian schools or programs which suit the needs and interests of the areas in which they are located.

(Sec. 1, 29 Stat. 348; 25 U.S.C. 287)

§ 31.7 Handling of student funds in Federal school facilities.

The Secretary or his authorized representative may authorize officials and employees of the Bureau of Indian Affairs to accept and to disburse deposits of funds of students and student activity associations in schools operated by the Bureau in accordance with the purposes of such deposits. The following steps shall be taken to safeguard these funds:

(a) A written plan of operation shall be developed by the membership of each student activity group. The plan of operation subject to the approval of authorized officials shall outline procedures and provide for a system of accounting for the student funds commensurate with the age and grade level of the students yet adequate for financial control purposes and shall stipulate the maximum operating capital of activity.

(b) Appropriate safekeeping facilities shall be provided for all student personal and group funds and for the accounting or bookkeeping records.

(c) Employees handling student funds in cumulative amounts in excess of $100 shall be covered by a comprehensive fidelity bond the penal sum of which shall be appropriately related to fund amounts handled.

(d) Student funds accumulated in excess of the amount authorized for

§ 32.1 Appropriations for loans or grants.

Funds appropriated by Congress for the education of Indians may be used for making educational loans and grants to aid students of one-fourth or more degree of indian blood attending accredited institutions of higher education or other accredited schools offering vocational and technical training who reside within the exterior boundaries of Indian reservations under the jurisdiction of the Bureau of Indian Affairs or on trust or restricted lands under the jurisdiction of the Bureau of Indian Affairs. Such educational loans and grants may be made also to students of one-fourth or more degree of Indian blood who reside near the reservation when a denial of such loans or grants would have a direct effect upon Bureau programs within the reservation. After students meeting these eligibility requirements are taken care of, Indian students who do not meet the residency requirements but are otherwise eligible may be considered.

[33 FR 9708, July 4, 1968]

§ 32.2 Working scholarships.

Working scholarships may be granted to Indians who wish to earn their

§ 34.2 Filing application.

Applications for adult vocational training services may be filed at agency or similar field offices of the Bureau of Indian Affairs on and after July 1, 1957.

§ 34.3 Selection of applicants.

The Vocational Training Program is available primarily to adult Indians of one-fourth or more degree of Indian blood who are not less than 18 and not more than 35 years of age and who reside within the exterior boundaries of Indian reservations under the jurisdiction of the Bureau of Indian Affairs or on trust or restricted lands under the jurisdiction of the Bureau of Indian Affairs. The Program is also available to additional Indians who reside near reservations in the discretion of the Secretary of the Interior when the failure to provide the services would have a direct effect upon Bureau programs within the reservation boundaries. An application for training services may be approved, within the limitation of available funds, when it is determined that the applicant is in need of such training in order to obtain reasonable and satisfactory employment, and that it is feasible for him to pursue such training. Reasonable and satisfactory employment is employment that provides:

(a) Sufffcient income for the individual or family unit to live at an economic level considered as adequate in the community; and

(b) Opportunity for advancement on the basis of skill and experience acquired in the course of employment. [27 FR 510, Jan. 18, 1962]

§ 34.4 Satisfactory progress during training.

An applicant who enters training pursuant to the provisions of this part, is required to make satisfactory progress in his course of training and to conform to a reasonable standard of conduct. Failure to meet these requirements due to reasons within his control may result in termination of training or loss of further training benefits.