Page 675 TITLE 25—INDIANS § 3353

1So in original. Probably should be ‘‘section’’.

make 5 grants to tribes or tribal organizations

for purposes of this subchapter, each grant to

be for a period of 4 years.

(2) Administrative costs

The amount of administrative costs associated with grants under this subchapter shall

be negotiated by the Secretary with the successful applicants and made a part of the

grant agreement.

(c) Definitions

For the purposes of this subchapter, the terms

‘‘Indian’’, ‘‘Indian tribe’’, ‘‘Secretary’’, and

‘‘tribal organizations’’ have the same meanings

given such terms in sections 1 450b(d), (e), (i), and

(l) of this title, respectively.

(Pub. L. 102–325, title XIII, §1347, July 23, 1992,

106 Stat. 812.)

§ 3338. Authorization of appropriations

There are authorized to be appropriated to

carry out this subchapter, $2,000,000 for fiscal

year 1993 and such sums as may be necessary for

each of the 4 succeeding fiscal years.

(Pub. L. 102–325, title XIII, §1348, July 23, 1992,

106 Stat. 812.)

SUBCHAPTER IV—AMERICAN INDIAN POSTSECONDARY ECONOMIC DEVELOPMENT

SCHOLARSHIP

§ 3351. American Indian Post-Secondary Economic Development Scholarship

(a) Program authorized

The Secretary of Education is authorized to

make grants, in accordance with the provisions

of this subchapter, to federally recognized Indian tribes which lack sufficient numbers of professionally trained tribal members to support

established or ongoing economic development

initiatives. Priority shall be given to tribes

which are not served by federally funded postsecondary institutions. The purpose of such

grants is to enable such tribes to make scholarships available to tribal members to assist such

members to pursue courses of study leading to

an undergraduate or postbaccalaureate degree in

order to provide professionally trained tribal

members to support such economic development

initiatives on Indian reservations.

(b) Designation

A scholarship awarded under this subchapter

shall be referred to as an ‘‘American Indian

Post-Secondary Economic Development Scholarship’’ (hereafter referred to in this subchapter

as ‘‘scholarship’’).

(Pub. L. 102–325, title XIII, §1361, July 23, 1992,

106 Stat. 813.)

§ 3352. Indian scholarships

(a) Selection

Each Indian tribe receiving a grant pursuant

to this subchapter for the purpose of providing

scholarships shall select tribal members eligible

to receive such scholarships. In determining

grant recipients the Secretary of Education

shall consider—

(1) geographic distribution of grants; and

(2) a tribal economic plan which demonstrates how individual recipients shall benefit the economic conditions of the tribe.

(b) Criteria

Each Indian tribe, in consultation with the

Secretary of Education, shall give preference to

select, as those tribal members eligible to receive such scholarships, tribal members who

have successfully completed at least 30 hours of

postsecondary education and who are eligible for

readmission to a postsecondary institution.

(Pub. L. 102–325, title XIII, §1362, July 23, 1992,

106 Stat. 813.)

§ 3353. Scholarship conditions

(a) Scholarship agreement

Each tribal member receiving a scholarship

under this subchapter shall enter into an agreement, satisfactory to the Secretary of Education and the tribal government awarding such

scholarship, under which such member agrees—

(1) to utilize the proceeds of such scholarship

to pursue a course of study which meets the

requirements of the educational institution in

which the student is enrolled for an undergraduate or postbaccalaureate degree;

(2) upon the acquisition of such degree, to

work, one year for each year of financial assistance under this subchapter, on the Indian

reservation in employment related to the

course of study pursued which will support

economic development initiatives on such reservation; and

(3) to maintain satisfactory academic

progress, as determined in accordance with

section 484(c) of the Higher Education Act of

1965 [20 U.S.C. 1091(c)], while in an undergraduate or postbaccalaureate program.

(b) Repayments

Each tribal member found by the Secretary of

Education to be in noncompliance with the

agreement pursuant to subsection (a)(2) of this

section shall be required to repay—

(1) 100 percent of the total amount of scholarships awarded under this subchapter if such

tribal member does not work pursuant to such

agreement; or

(2) a pro rata portion of the total amount of

scholarships awarded under this subchapter, as

determined by the Secretary of Education, if

such tribal member worked pursuant to such

agreement but less than the time period required thereunder.

(c) Waiver and suspension of service agreement

(1) Waiver

A federally recognized Indian tribe may, by

formal action, waive the service agreement of

a tribal member for just cause, as determined

in accordance with regulations prescribed by

the Secretary. The tribe shall notify the Secretary in writing of any waiver granted under

this subsection.

(2) Suspension

The obligation of a tribal member to perform services under this subchapter—