---
kind: "section"
citation: "20 U.S.C. § 7491"
title: "20"
title_heading: "Education"
number: "7491"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/7491"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter VI — Indian, Native Hawaiian, and Alaska Native Education"
  - "Part A — Indian Education"
  - "Subpart 5 — definitions; authorizations of appropriations"
---

# §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](/usc/20/7171.md?p=b-6) 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](/usc/20/7171.md?p=b-6) or to preschool children.
- (3) **Indian—** The term “Indian” means an individual who is—
  - (A) a member of an [Indian](#3) 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](/usc/20/7171.md?p=b-6) in which the tribe or band resides;
  - (B) a descendant, in the first or second degree, of an individual described in [subparagraph (A)](#3-A);
  - (C) considered by the [Secretary](/usc/20/7801.md?p=46) of the Interior to be an [Indian](#3) for any purpose;
  - (D) an Eskimo, Aleut, or other [Alaska Native](/usc/20/7546.md?p=1); or
  - (E) a member of an organized [Indian](#3) group that received a grant under the [Indian](#3) Education Act of 1988 as in effect the day preceding October 20, 1994.
- (4) **Traditional leaders—** The term “traditional leaders” has the meaning given the term in [section 2902 of title 25](/usc/25/2902.md).

## 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.)

## Notes

### Editorial Notes

### References in Text

The Indian Education Act of 1988, as in effect the day preceding October 20, 1994, referred to in par. (3)(E), is part C (§§ 5301–5352) of title V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 395, which was classified principally to chapter 28 (§ 2601 et seq.) of Title 25, Indians, prior to repeal by Pub. L. 103–382, title III, § 367, Oct. 20, 1994, 108 Stat. 3976.

### Prior Provisions

A prior section 7491, Pub. L. 89–10, title VII, § 7161, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3736, set forth special rule relating to transition, prior to the general amendment of former subchapter VII of this chapter by Pub. L. 107–110.

A prior section 6151 of Pub. L. 89–10 was classified to section 7321 of this title, prior to repeal by Pub. L. 114–95.

### Amendments

2015—Par. (4). Pub. L. 114–95, § 6002(s), added par. (4).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.