Title 25 — IndiansRelease 119-73
§13d–2 Enrollment and general assistance payments
Title 25 › Chapter CHAPTER 1— - BUREAU OF INDIAN AFFAIRS › § 13d–2
Summary
The Secretary of the Interior must not stop a Native American from getting Bureau of Indian Affairs general assistance just because the person is enrolled at least half-time and is making satisfactory progress in certain school or training programs. The rule covers four kinds of study: tribal colleges under the Tribally Controlled Colleges and Universities Assistance Act of 1978 or the Navajo Community College Act; other colleges or vocational schools as defined under the Higher Education Act of 1965; courses that lead to a high school diploma or equivalent; and other programs approved by the Secretary or by tribal education, employment, or training programs. When the Bureau figures how much general assistance to give, it must not count extra costs tied to the study or any student financial aid the person receives. All other eligibility rules stay the same except the rule about being available for work and trying to find work.
Full Legal Text
Title 25, §13d–2
Indians — Source: USLM XML via OLRC
(a)The Secretary of the Interior shall not disqualify from continued receipt of general assistance payments from the Bureau of Indian Affairs an otherwise eligible Indian for whom the Bureau is making or may make general assistance payments (or exclude such an individual from continued consideration in determining the amount of general assistance payments for a household) because the individual is enrolled (and is making satisfactory progress toward completion of a program or training that can reasonably be expected to lead to gainful employment) for at least half-time study or training in—
(1)a college assisted by the Bureau under the Tribally Controlled Colleges and Universities Assistance Act of 1978 (92 Stat. 1325; 25 U.S.C. 1801) or the Navajo Community College Act (85 Stat. 645; 25 U.S.C. 640a); 11 See References in Text note below.
(2)an institution of higher education or a vocational school (as defined for purposes of any program of assistance to students under the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.]);
(3)a course the Secretary determines will lead to a high school diploma or an equivalent certificate; or
(4)other programs or training approved by the Secretary or by tribal education, employment or training programs.
(b)In determining the amount of general assistance provided by the Bureau of Indian Affairs, the Secretary of the Interior shall not include consideration of—
(1)additional expenses in connection with the study or training described in subsection (a), and
(2)the amount of any financial assistance received by the individual as a student or trainee.
(c)This section does not alter any eligibility requirement for general assistance from the Bureau of Indian Affairs other than the requirement to be available for employment and to seek employment.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Tribally Controlled Colleges and Universities Assistance Act of 1978, referred to in subsec. (a)(1), is Pub. L. 95–471, Oct. 17, 1978, 92 Stat. 1325, which is classified principally to chapter 20 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see
Short Title
note set out under section 1801 of this title and Tables. The Navajo Community College Act, referred to in subsec. (a)(1), is Pub. L. 92–189, Dec. 15, 1971, 85 Stat. 646, which was classified to section 640a et seq. of this title, and was omitted from the Code as being of special and not general application. The Higher Education Act of 1965, referred to in subsec. (a)(2), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§ 1001 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see
Short Title
note set out under section 1001 of Title 20 and Tables.
Amendments
2008—Subsec. (a)(1). Pub. L. 110–315 substituted “the Tribally Controlled Colleges and Universities Assistance Act of 1978” for “the Tribally Controlled College or University Assistance Act of 1978”. 2002—Subsec. (a). Pub. L. 107–110, § 1045(1), added subsec. heading and introductory provisions and struck out former subsec. heading and introductory provisions. Former introductory provisions read as follows: “The Secretary of the Interior shall not disqualify from continued receipt of general assistance payments from the Bureau of Indian Affairs an otherwise eligible Indian for whom the Bureau has been making general assistance payments for at least 3 months (or exclude such an individual from continued consideration in determining the amount of general assistance payments for a household) because the individual is enrolled (and is making satisfactory progress toward completion of a program or training that can reasonably be expected to lead to gainful employment) for at least half-time study or training in—”. Subsec. (a)(4). Pub. L. 107–110, § 1045(2), added par. (4) and struck out former par. (4) which read as follows: “other programs or training approved by the Secretary.” 1998—Subsec. (a)(1). Pub. L. 105–244 substituted “Tribally Controlled College or University Assistance Act of 1978” for “Tribally Controlled Community College Assistance Act of 1978”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2002 AmendmentAmendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an
Effective Date
note under section 6301 of Title 20, Education.
Effective Date
of 1998 AmendmentAmendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.
Effective Date
For
Effective Date
and applicability of section, see section 6303 of Pub. L. 100–297, set out as an
Effective Date
of 1988 Amendment note under section 1071 of Title 20, Education.
Reference
Citations & Metadata
Citation
25 U.S.C. § 13d–2
Title 25 — Indians
Last Updated
Apr 6, 2026
Release point: 119-73