§ 3307 TITLE 25—INDIANS Page 670

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

grantees under this subchapter 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 subchapter 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) New grantees

For any tribe for which no payment was

made under this subchapter 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.

(d) Investment of funds

(1) Treatment as tribal property

Notwithstanding any other provision of law,

any interest or investment income that accrues on any funds provided under this subchapter 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 subchapter 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) Investment requirements

Funds provided under this subchapter 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.

(e) Recoveries

For the purposes of under recovery and over

recovery determinations by any Federal agency

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

not be taken into consideration.

(Pub. L. 102–325, title XIII, §1316, July 23, 1992,

106 Stat. 801.)

§ 3307. Administrative provisions

(a) Biennial report

The Secretary shall submit a biennial report

to the Congress on the programs established

under this subchapter. Such report shall include—

(1) a description of significant administrative actions taken by the Secretary under this

subchapter;

(2) the number of grants made under the authority of this subchapter;

(3) the number of applications denied for

such grants and the reasons therefor;

(4) the remedial actions taken to enable applicants to be approved;

(5) the number of students served, by tribe;

(6) statistics on the academic pursuits of the

students provided assistance under this subchapter and the average amount of assistance

provided; and

(7) such additional information as the Secretary considers significant.

(b) Role of Director

Applications for grants under this subchapter,

and all application modifications, shall be reviewed and approved by personnel under the direction and control of the Director of the Office

of Indian Education Programs. Required reports

shall be submitted to education personnel under

the direction and control of the Director of such

Office.

(c) Application of Indian Self-Determination and

Education Assistance Act

All provisions of sections 5, 6, 7, 105, 109, and

110 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450c et seq.) [25

U.S.C. 450c, 450d, 450e, 450j, 450m, 450m–1], except

those provisions pertaining to indirect costs and

length of contract, shall apply to grants provided under this subchapter.

(d) Regulations

The Secretary is authorized to issue regulations relating to the discharge of duties specifically assigned to the Secretary by this subchapter. In all other matters relating to the details of planning, development, implementing,

and evaluating grants under this subchapter, the

Secretary shall not issue regulations. Regulations issued pursuant to this subchapter shall

not have the standing of a Federal statute for

the purposes of judicial review.

(e) Retrocession

Whenever an Indian tribe requests retrocession of any program for which assistance is provided under this subchapter, such retrocession

shall become effective upon a date specified by

the Secretary not more than 120 days after the

date on which the tribe requests the retrocession, or such later date as may be mutually

agreed upon by the Secretary and the tribe. If

such a program is retroceded, the Secretary

shall provide to any Indian tribe served by such

program at least the same quantity and quality

of services that would have been provided under

such program at the level of funding provided

under this subchapter prior to the retrocession.

The tribal governing body requesting the retrocession shall specify whether the retrocession

shall be to a contract administered by the tribe,

or a tribal entity, under the authority of the Indian Self-Determination Act [25 U.S.C. 450f et

seq.] or to a Bureau administered program.

(f) Definitions

For the purposes of this subchapter:

(1) The term ‘‘Secretary’’ means the Secretary of the Interior.

(2) The terms ‘‘Indian’’ and ‘‘Indian tribe’’

have the same meaning given those terms in

sections 1 4(d) and (e), respectively, of the In-
Page 671 TITLE 25—INDIANS § 3324

1See References in Text note below.

dian Self Determination and Education Assistance Act [25 U.S.C. 450b(d), (e)].

(Pub. L. 102–325, title XIII, §1317, July 23, 1992,

106 Stat. 802.)

REFERENCES IN TEXT

The Indian Self-Determination Act, referred to in

subsec. (e), is title I of Pub. L. 93–638, Jan. 4, 1975, 88

Stat. 2206, as amended, which is classified principally

to part A (§450f et seq.) of subchapter II 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.

SUBCHAPTER II—CRITICAL NEEDS FOR

TRIBAL DEVELOPMENT

§ 3321. Short title

This subchapter may be cited as the ‘‘Critical

Needs for Tribal Development Act’’.

(Pub. L. 102–325, title XIII, §1321, July 23, 1992,

106 Stat. 803.)

§ 3322. Definitions

As used in this subchapter:

(1) The term ‘‘federally funded higher education assistance’’ means any grant assistance

provided to an Indian student from funds made

available for such purpose by contract or

grant to an Indian tribe from amounts appropriated under the authority of section 13 of

this title.

(2) The term ‘‘eligible Indian tribe or tribal

organization’’ means any Indian tribe or tribal

organization that qualifies to administer federally funded higher education assistance

under a contract pursuant to the Indian SelfDetermination and Education Assistance Act

[25 U.S.C. 450 et seq.] or under a grant pursuant to subchapter I of this chapter.

(3) The term ‘‘Indian’’ has the meaning given

such term in section 4(d) of the Indian Self Determination and Education Assistance Act [25

U.S.C. 450b(d)].

(Pub. L. 102–325, title XIII, §1322, July 23, 1992,

106 Stat. 803.)

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act, referred to in par. (2), 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.

§ 3323. Service conditions permitted

(a) In general

An eligible Indian tribe or tribal organization

may, in accordance with the requirements of

this subchapter, require any applicant for federally funded higher education assistance, as a

condition of receipt of such assistance, to enter

into a critical area service agreement in accordance with section 3324 of this title.

(b) Critical area designation

Any eligible Indian tribe or tribal organization that intends to require critical area service

agreements shall, by a formal action of the tribal council or its delegate, designate particular

occupational areas as critical areas for the economic or human development needs of the tribe

or its members. The tribe or organization shall

notify the Secretary of the Interior in writing of

such designated critical areas. Such designations shall be applicable to federally funded

higher education assistance for any fiscal year

following the fiscal year in which the designation is made until such designation is withdrawn

by the tribe or organization by formal action.

The tribe or organization shall notify the Secretary of the Interior in writing of any designations that are withdrawn.

(Pub. L. 102–325, title XIII, §1323, July 23, 1992,

106 Stat. 803.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3324 of this title.

§ 3324. Critical area service agreements

(a) Terms of agreements

A critical area service agreement shall be an

agreement between an Indian student who receives or who shall receive federally funded

higher education assistance and an Indian tribe

or tribal organization providing such assistance

in which the student agrees—

(1) to undertake a course of study at an eligible institution (as that term is defined in

section 1085(a) of title 20) in an area of critical

need, as determined under section 3323 of this

title, and to pursue that course of study to its

completion; and

(2)(A) to perform, for each academic year for

which the student receives federally funded

higher education assistance under a critical

area service agreement, one calendar year of

service to the tribe or organization in an occupation that is in a critical area designated by

the tribe pursuant to section 3323(b) 1 of this

title, commencing not later than 6 months

after the student ceases to carry at an institution of higher education at least one-half the

normal full-time academic workload as determined by the institution; or

(B) to repay such assistance to the Secretary, together with interest thereon at a

rate prescribed by the Secretary by regulation, in monthly or quarterly installments

over not more than 5 years.

(b) Service limitations and conditions

The tribe or tribal organization shall agree

that a student performing services under a critical area service agreement—

(1) shall be provided compensation, benefits,

and working conditions at the same level and

to the same extent as any other employee

working a similar length of time and doing the

same type of work;

(2) may be treated as providing services to

the tribe or organization if the student provides services for members of the tribe or organization that are approved by the tribe or

organization and agreed to by the student

even though such services are performed while

the student is employed by a Federal, State,