Page 667 TITLE 25—INDIANS § 3302

§ 3211. Report to Congress

On or before March 1, 1991, and March 1 of each

calendar year thereafter, the Secretary shall

submit to the Congress a report involving the

administration of this chapter during the calendar year preceding the calendar year in which

such report is submitted.

(Pub. L. 101–630, title IV, §412, Nov. 28, 1990, 104

Stat. 4556.)

CHAPTER 35—INDIAN HIGHER EDUCATION

PROGRAMS

SUBCHAPTER I—HIGHER EDUCATION TRIBAL

GRANT AUTHORIZATION

Sec.

3301. Short title.

3302. Findings.

3303. Program authority.

(a) In general.

(b) Limitation on Secretary’s authority.

(c) Effect on Federal responsibilities.

(d) No termination for administrative

convenience.

3304. Qualification for grants to tribes.

(a) Contracting tribes.

(b) Noncontracting tribes.

(c) Termination of grants.

3305. Allocation of grant funds.

(a) Allocation of funds.

(b) Use of funds.

3306. Limitations on use of funds.

(a) Use for religious purposes.

(b) Interest on funds.

(c) Payments.

(d) Investment of funds.

(e) Recoveries.

3307. Administrative provisions.

(a) Biennial report.

(b) Role of Director.

(c) Application of Indian Self-Determination and Education Assistance Act.

(d) Regulations.

(e) Retrocession.

(f) Definitions.

SUBCHAPTER II—CRITICAL NEEDS FOR TRIBAL

DEVELOPMENT

3321. Short title.

3322. Definitions.

3323. Service conditions permitted.

(a) In general.

(b) Critical area designation.

3324. Critical area service agreements.

(a) Terms of agreements.

(b) Service limitations and conditions.

(c) Waiver and suspension of service

agreement.

(d) Pro rata reduction for partial services.

(e) Certification of service.

3325. General provisions.

(a) Application of existing procedures.

(b) Additional, excess, and incremental

costs.

SUBCHAPTER III—TRIBAL DEVELOPMENT STUDENT ASSISTANCE REVOLVING LOAN PROGRAM

3331. Short title.

3332. Findings; purposes.

(a) Findings.

(b) Purposes.

3333. Revolving fund.

(a) Receipt, investment, and accounting.

(b) Investment.

(c) Treatment of income.

Sec.

3334. Eligible recipients.

(a) Tribes and tribal organizations.

(b) Students.

3335. Terms of loans.

(a) In general.

(b) Cost of attendance.

(c) Additional requirements.

3336. Service fulfillment and conditions; repayments; waivers.

(a) Service agreement required.

(b) Service limitations and conditions.

(c) Waiver and suspension of service

agreement.

(d) Pro rata reduction for partial services.

(e) Certification of service.

3337. Administration.

(a) Regulations.

(b) Grant procedures.

(c) Definitions.

3338. Authorization of appropriations.

SUBCHAPTER IV—AMERICAN INDIAN POST-SECONDARY ECONOMIC DEVELOPMENT SCHOLARSHIP

3351. American Indian Post-Secondary Economic

Development Scholarship.

(a) Program authorized.

(b) Designation.

3352. Indian scholarships.

(a) Selection.

(b) Criteria.

3353. Scholarship conditions.

(a) Scholarship agreement.

(b) Repayments.

(c) Waiver and suspension of service

agreement.

(d) Disclaimer.

(e) Limitation.

(f) Cost of attendance.

(g) Additional requirements.

(h) Applications for assistance.

3354. Report.

3355. Authorization of appropriations.

SUBCHAPTER V—AMERICAN INDIAN TEACHER

TRAINING

3371. American Indian teacher training.

(a) Institutional support.

(b) Student support grants.

(c) Scholarships.

(d) ‘‘Indian’’ defined.

(e) Authorization of appropriations.

SUBCHAPTER I—HIGHER EDUCATION

TRIBAL GRANT AUTHORIZATION

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3322 of this

title.

§ 3301. Short title

This subchapter may be cited as the ‘‘Higher

Education Tribal Grant Authorization Act’’.

(Pub. L. 102–325, title XIII, §1311, July 23, 1992,

106 Stat. 798.)

§ 3302. Findings

The Congress finds that—

(1) there are increasing numbers of Indian

students qualifying for postsecondary education, and there are increasing numbers desiring to go to postsecondary institutions;

(2) the needs of these students far outpace

the resources available currently;
§ 3303 TITLE 25—INDIANS Page 668

(3) Indian tribes have shown an increasing

interest in administering programs serving

these individuals and making decisions on

these programs reflecting their determinations of the tribal and human needs;

(4) the contracting process under the Indian

Self-Determination and Education Assistance

Act [25 U.S.C. 450 et seq.] has provided a mechanism for the majority of the tribes to assume

control over this program from the Bureau of

Indian Affairs;

(5) however, inherent limitations in the contracting philosophy and mechanism, coupled

with cumbersome administrative procedures

developed by the Bureau of Indian Affairs have

effectively limited the efficiency and effectiveness of these programs;

(6) the provision of these services in the

most effective and efficient form possible is

necessary for tribes, the country, and the individuals to be served; and

(7) these services are part of the Federal

Government’s continuing trust responsibility

to provide education services to American Indian and Alaska Natives.

(Pub. L. 102–325, title XIII, §1312, July 23, 1992,

106 Stat. 798.)

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act, referred to in par. (4), 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.

§ 3303. Program authority

(a) In general

The Secretary shall, from the amounts appropriated for the purpose of supporting higher education grants for Indian students under the authority of section 13 of this title, make grants to

Indian tribes in accordance with the requirements of this subchapter to permit those tribes

to provide financial assistance to individual Indian students for the cost of attendance at institutions of higher education.

(b) Limitation on Secretary’s authority

The Secretary shall not place any restrictions

on the use of funds provided to an Indian tribe

under this subchapter that is not expressly authorized by this subchapter.

(c) Effect on Federal responsibilities

The provisions of this subchapter shall not affect any trust responsibilities of the Federal

Government.

(d) No termination for administrative convenience

Grants provided under this subchapter may

not be terminated, modified, suspended, or reduced only for the convenience of the administering agency.

(Pub. L. 102–325, title XIII, §1313, July 23, 1992,

106 Stat. 798.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3304 of this title.

§ 3304. Qualification for grants to tribes

(a) Contracting tribes

Any Indian tribe that obtains funds for educational purposes similar to those authorized in

this subchapter pursuant to contract under the

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

for a grant under this subchapter by submitting

to the Secretary a notice of intent to administer

a student assistance program under section 3303

of this title. Such notice shall be effective for

the fiscal year following the fiscal year in which

it is submitted, except that if such notice is submitted during the last 90 days of a fiscal year

such notice shall be effective the second fiscal

year following the fiscal year in which it is submitted, unless the Secretary waives this limitation.

(b) Noncontracting tribes

Any Indian tribe that is not eligible to qualify

for a grant under this subchapter by filing a notice under subsection (a) of this section may

qualify for such a grant by filing an application

for such a grant. Such application shall be submitted under guidelines for programs under the

Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.], as in effect

on January 1, 1991, and shall be reviewed under

the standards, practices, and procedures applicable to applications to contract under such Act as

in effect on the date the application is received,

except that—

(1) if the tribe is not notified that its application has been disapproved within 180 days

after it is filed with the Secretary, the application shall be deemed to be approved;

(2) if the application is disapproved, the Secretary shall provide technical assistance to

the tribe for purposes of correcting deficiencies in the application;

(3) the Secretary shall designate an office or

official to receive such applications, and shall

toll the 180-day period described in paragraph

(1) from the date of receipt by such office or

official; and

(4) applications shall be approved for the fiscal year following the fiscal year in which submitted, unless the Secretary waives the limitation of this paragraph.

(c) Termination of grants

(1) Continuing eligibility presumed

An Indian tribe which has qualified under

subsection (a) or (b) of this section for a grant

under this subchapter for any fiscal year shall

continue to be eligible for such a grant for

each succeeding fiscal year unless the Secretary revokes such eligibility for a cause described in paragraph (2).

(2) Causes for loss of eligibility

The Secretary may revoke the eligibility of

an Indian tribe for a grant under this subchapter if such tribe—

(A) fails to submit to the Bureau an annual financial statement that reports revenues and expenditures determined by use of

an accounting system, established by the

tribe, that complies with generally accepted

accounting principles;