Page 623 TITLE 25—INDIANS § 2508

§ 2507. Payment of grants; investment of funds

(a) Payments

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

grantees under this chapter in 2 payments, of

which—

(A) the first payment shall be made not later

than July 15 of each year in an amount equal

to one-half of the amount which the grantee

was entitled to receive during the preceding

academic year; and

(B) the second payment, consisting of the remainder to which the grantee is entitled for

the academic year, shall be made not later

than December 1 of each year.

(2) For any school for which no payment under

this chapter was made from Bureau funds in the

preceding academic year, full payment of the

amount computed for the first academic year of

eligibility under this chapter shall be made not

later than December 1 of the academic year.

(3) With regard to funds for grantees that become available for obligation on October 1 of the

fiscal year for which such funds are appropriated, the Secretary shall make payments to

grantees not later than December 1 of the fiscal

year.

(4) The provisions of chapter 39 of title 31 shall

apply to the payments required to be made by

paragraphs (1), (2), and (3).

(5) Paragraphs (1), (2), and (3) shall be subject

to any restriction on amounts of payments

under this chapter that are imposed by a continuing resolution or other Act appropriating

the funds involved.

(b) Investment of funds

(1) Notwithstanding any other provision of

law, any interest or investment income that accrues on any funds provided under this chapter

after such funds are paid to the Indian tribe or

tribal organization and before such funds are expended for the purpose for which such funds

were provided under this chapter shall be the

property of the Indian tribe or tribal organization and shall not be taken into account by any

officer or employee of the Federal Government

in determining whether to provide assistance, or

the amount of assistance, under any provision of

Federal law.

(2) Funds provided under this chapter may

be—

(A) invested by the Indian tribe or tribal organization only in obligations of the United

States or in obligations or securities that are

guaranteed or insured by the United States, or

(B) deposited only into accounts that are insured by an agency or instrumentality of the

United States.

(c) Recoveries

For the purposes of underrecovery and overrecovery determinations by any Federal agency

for any other funds, from whatever source derived, funds received under this chapter shall

not be taken into consideration.

(Pub. L. 100–297, title V, §5208, Apr. 28, 1988, 102

Stat. 393; Pub. L. 100–427, §13, Sept. 9, 1988, 102

Stat. 1609; Pub. L. 103–382, title III, §382(c), Oct.

20, 1994, 108 Stat. 4017.)

AMENDMENTS

1994—Subsec. (a). Pub. L. 103–382 amended heading

and text of subsec. (a) generally. Prior to amendment,

text read as follows:

‘‘(1) Except as otherwise provided in this subsection,

the Secretary shall make payments to grantees under

this chapter in two payments:

‘‘(A) one payment to be made no later than October

1 of each fiscal year in an amount equal to one-half

the amount paid during the preceding fiscal year to

the grantee or a contractor that has elected to have

the provisions of this chapter apply, and

‘‘(B) the second payment consisting of the remainder to which the grantee or contractor is entitled for

the fiscal year to be made by no later than January

1 of the fiscal year.

‘‘(2) For any school for which no payment was made

from Bureau funds in the preceding fiscal year, full

payment of the amount computed for each fiscal year

shall be made by January 1 of the fiscal year.

‘‘(3) Paragraphs (1) and (2) of this subsection shall be

subject to any restriction on amounts of payments

under this chapter that may be imposed by a continuing resolution or other Act appropriating the funds involved.’’

1988—Subsec. (a)(2). Pub. L. 100–427, §13(a), substituted ‘‘from Bureau funds’’ for ‘‘under this chapter’’.

Subsec. (a)(3). Pub. L. 100–427, §13(b), added par. (3).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 20 section 8064.

§ 2508. Application with respect to Indian SelfDetermination and Education Assistance Act

(a) Certain provisions to apply to grants

All provisions of sections 5, 6, 7, 104, 105(f),

106(f), 109, and 111 of the Indian Self-Determination and Education Assistance Act [25 U.S.C.

450c, 450d, 450e, 450i, 450j(f), 450j–1(f), 450m, 450n],

except those provisions relating to indirect

costs and length of contract, shall apply to

grants provided under this chapter.

(b) Election for grant in lieu of contract

(1) Contractors for activities to which this

chapter applies who have entered into a contract under the Indian Self-Determination and

Education Assistance Act [25 U.S.C. 450 et seq.]

that is in effect on April 28, 1988, may, by giving

notice to the Secretary, elect to have the provisions of this chapter apply to such activity in

lieu of such contract.

(2) Any election made under paragraph (1)

shall take effect on the later of—

(A) October 1 of the fiscal year succeeding

the fiscal year in which such election is made,

or

(B) the date that is 60 days after the date of

such election.

(3) In any case in which the 60-day period referred to in paragraph (2)(B) is less than 60 days

before the beginning of the succeeding fiscal

year, such election shall not take effect until

the fiscal year after the fiscal year succeeding

the election. For fiscal year 1989, the Secretary

may waive this paragraph for elections received

prior to September 30, 1988.

(c) No duplication

No funds may be provided under any contract

entered into under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450

et seq.] to pay any expenses incurred in provid-