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20 USC § 7491 - Definitions 

---
identifier: "/us/usc/t20/s7491"
source: "usc"
legal_status: "official_prima_facie"
title: "20 USC § 7491 - Definitions"
title_number: 20
title_name: "EDUCATION"
section_number: "7491"
section_name: "Definitions"
chapter_number: 70
chapter_name: "STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS"
subchapter_number: "VI"
subchapter_name: "INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION"
part_number: "A"
part_name: "Indian Education"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 89–10, title VI, § 6151, formerly title VII, § 7151, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1931; renumbered title VI, § 6151, and amended Pub. L. 114–95, title VI, § 6001(a), (b)(1), § 6002(s), Dec. 10, 2015, 129 Stat. 2046, 2062.)"
---

# § 7491. Definitions

For the purposes of this part:

**(1)** **Adult** The term “adult” means an individual who—

**(A)** has attained the age of 16 years; or

**(B)** has attained an age that is greater than the age of compulsory school attendance under an applicable State law.

**(2)** **Free public education** The term “free public education” means education that is—

**(A)** provided at public expense, under public supervision and direction, and without tuition charge; and

**(B)** provided as elementary or secondary education in the applicable State or to preschool children.

**(3)** **Indian** The term “Indian” means an individual who is—

**(A)** a member of an Indian tribe or band, as membership is defined by the tribe or band, including—

**(i)** any tribe or band terminated since 1940; and

**(ii)** any tribe or band recognized by the State in which the tribe or band resides;

**(B)** a descendant, in the first or second degree, of an individual described in subparagraph (A);

**(C)** considered by the Secretary of the Interior to be an Indian for any purpose;

**(D)** an Eskimo, Aleut, or other Alaska Native; or

**(E)** a member of an organized Indian group that received a grant under the Indian Education Act of 1988 as in effect the day preceding October 20, 1994.

**(4)** **Traditional leaders** section 2902 of title 25

The term “traditional leaders” has the meaning given the term in .

---

**Source Credit**: (Pub. L. 89–10, title VI, § 6151, formerly title VII, § 7151, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1931; renumbered title VI, § 6151, and amended Pub. L. 114–95, title VI, § 6001(a), (b)(1), § 6002(s), Dec. 10, 2015, 129 Stat. 2046, 2062.)

## Editorial Notes

### References in Text

The Indian Education Act of 1988, as in effect the day preceding , referred to in par. (3)(E), is part C (§§ 5301–5352) of title V of , , , which was classified principally to chapter 28 (§ 2601 et seq.) of Title 25, Indians, prior to repeal by , , .

### Prior Provisions

A prior section 7491, , as added , , , set forth special rule relating to transition, prior to the general amendment of former subchapter VII of this chapter by .

A prior  was classified to , prior to repeal by .

### Amendments

2015—Par. (4). , added par. (4).

## Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

Amendment by  effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under .