§ 7491. Definitions

For the purposes of this part:

• (1) 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) 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) 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) The term “traditional leaders” has the meaning given the term in section 2902 of title 25 .