Page 669 TITLE 25—INDIANS § 3306

(B) fails to submit to the Bureau an annual

program description, stating the number of

students served, and containing such information concerning such students, their educational programs and progress, and the financial assistance distributed to such students as the Secretary may require by regulation;

(C) fails to submit to the Secretary a biennial financial audit conducted in accordance with chapter 75 of title 31; or

(D) fails, in an evaluation of its financial

assistance program conducted by an impartial third party entity, to comply with

standards under this subchapter relating to

(i) eligible students, programs, or institutions of higher education, (ii) satisfactory

progress, or (iii) allowable administrative

costs; as determined under contracts applicable to programs to provide financial assistance to individual Indian students for

the cost of attendance at institutions of

higher education administered by Indian

tribes under the Indian Self-Determination

and Education Assistance Act [25 U.S.C. 450

et seq.] and in effect on January 20, 1991.

(3) Procedures for revocation of eligibility

The Secretary shall not revoke the eligibility of an Indian tribe for a grant under this

subchapter except—

(A) after notice in writing to the tribe of

the cause and opportunity to the tribe to

correct;

(B) providing technical assistance to the

tribe in making such corrections; and

(C) after hearing and appeals conducted

under the same rules and regulations that

apply to similar termination actions under

the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.].

(Pub. L. 102–325, title XIII, §1314, July 23, 1992,

106 Stat. 799.)

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act, referred to in text, is Pub. L. 93–638, Jan. 4,

1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (§450 et seq.) of chapter 14 of

this title. For complete classification of this Act to the

Code, see Short Title note set out under section 450 of

this title and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3305 of this title.

§ 3305. Allocation of grant funds

(a) Allocation of funds

(1) In general

The Secretary shall continue to determine

the amount of program funds to be received by

each grantee under this subchapter by the

same method used for determining such distribution in fiscal year 1991 for tribally-administered and Bureau-administered programs of

grants to individual Indians to defray postsecondary expenses.

(2) Administrative costs

In addition to the amount determined under

paragraph (1), a grantee which has exercised

the option given in section 3304(a) of this title

to administer the program under a grant shall

receive an amount for administrative costs determined pursuant to the method used by the

grantee during the preceding contract period.

All other grantees shall receive an amount for

administrative costs determined pursuant to

the regulations governing such determinations

under the Indian Self Determination and Education Assistance Act [25 U.S.C. 450 et seq.], as

in effect at the time of application to grants

being made.

(3) Single grant; separate accounts

Each grantee shall receive only one grant

during any fiscal year, which shall include

both of the amounts under paragraphs (1) and

(2). Each grantee shall maintain this grant in

a separate account.

(b) Use of funds

Funds provided by grants under this subchapter shall be used—

(1) to make grants to individual Indian students to meet, on the basis of need, any educational expense of attendance in a postsecondary education program (as determined

under the contracts applying to the postsecondary education program administered by

tribes under the Indian Self Determination

and Education Assistance Act (Public Law

93–638) [25 U.S.C. 450 et seq.]), to the extent

that such expense is not met from other

sources or cannot be defrayed through the action of any State, Federal, or municipal Act,

except that nothing in this subsection shall be

interpreted as requiring any priority in consideration of resources; and

(2) costs of administering the program under

this subchapter, except that no more may be

spent on administration of such program than

is generated by the method for administrative

cost computation specified in subsection (a)(2)

of this section.

(Pub. L. 102–325, title XIII, §1315, July 23, 1992,

106 Stat. 800.)

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act, referred to in subsecs. (a)(2) and (b)(1), is Pub.

L. 93–638, Jan. 4, 1975, 88 Stat. 2203, as amended, which

is classified principally to subchapter II (§450 et seq.) of

chapter 14 of this title. For complete classification of

this Act to the Code, see Short Title note set out under

section 450 of this title and Tables.

§ 3306. Limitations on use of funds

(a) Use for religious purposes

None of the funds made available under this

subchapter may be used for study at any school

or department of divinity or for any religious

worship or sectarian activity.

(b) Interest on funds

No interest or other income on any funds

made available under this subchapter shall be

used for any purpose other than those for which

such funds may be used.

(c) Payments

(1) In general

Except as otherwise provided in this subsection, the Secretary shall make payments to