§ 3354 TITLE 25—INDIANS Page 676

1See References in Text note below.

(A) shall be suspended for not more than 18

months if, at the request of the tribal member, the tribe determines that there are no

employment opportunities available in any

applicable area; and

(B) shall be suspended if the tribal member

ceases to attend an institution of higher

education as a consequence of an institutional determination of unsatisfactory performance.

If, at the end of a period of suspension under

subparagraph (A), there are still no employment opportunities available which fulfill the

requirements of this subchapter, the tribal

member’s obligations under the agreement

shall terminate. A suspension under subparagraph (B) shall be reviewed by the tribe annually, but may be continued indefinitely.

(d) Disclaimer

No scholarship awarded pursuant to this subchapter shall be considered in determining eligibility for student assistance under title IV of

the Higher Education Act of 1965 [20 U.S.C. 1070

et seq., 42 U.S.C. 2751 et seq.].

(e) Limitation

Any tribal member selected by an Indian tribe

to receive a scholarship under this subchapter

shall be eligible to receive a $10,000 scholarship

for each academic year of postsecondary education, except that no such member shall receive scholarship assistance under this subchapter for more than 4 years of postsecondary

education (including postbaccalaureate).

(f) Cost of attendance

Calculation of the cost of attendance for the

tribal member shall include all costs as determined by the tribe for the purposes of fulfilling

the policy of this subchapter.

(g) Additional requirements

Any tribal member seeking a loan under this

subchapter shall apply for and accept the maximum financial aid available from other sources.

However, for purposes of determining eligibility,

loans provided under this program may not be

considered in needs analysis under any other

Federal law, and may not penalize tribal members in determining eligibility for other funds.

(h) Applications for assistance

Any federally recognized Indian tribe desiring

a grant under this subchapter shall submit an

application to the Secretary of Education at

such time, in such manner, and containing such

information as the Secretary may reasonably

require. Each such application shall—

(1) describe the shortages on the reservation

of such Indian tribe of professionally trained

tribal members necessary to support economic

development initiatives on such reservation;

(2) provide assurances that the Indian tribe

will assist in employment placement on the

reservation of tribal members receiving scholarship assistance under this subchapter; and

(3) provide assurances that any tribal member performing work pursuant to this subchapter will 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.

(Pub. L. 102–325, title XIII, §1363, July 23, 1992,

106 Stat. 813.)

REFERENCES IN TEXT

The Higher Education Act of 1965, referred to in subsec. (d), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, as

amended. Title IV of the Act is classified generally to

subchapter IV (§1070 et seq.) of chapter 28 of Title 20,

Education, and part C (§2751 et seq.) of subchapter I of

chapter 34 of Title 42, The Public Health and Welfare.

For complete classification of this Act to the Code, see

Short Title note set out under section 1001 of Title 20

and Tables.

§ 3354. Report

Each federally recognized Indian tribe receiving a grant pursuant to this subchapter shall annually report to the Secretary concerning the

administration of such grant, including the

identities of any individual receiving a scholarship pursuant to this subchapter, and of any individual performing service pursuant to his or

her commitment under this subchapter.

(Pub. L. 102–325, title XIII, §1364, July 23, 1992,

106 Stat. 815.)

§ 3355. Authorization of appropriations

For the purpose of carrying out the provisions

of this subchapter, there are authorized to be appropriated $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, §1365, July 23, 1992,

106 Stat. 815.)

SUBCHAPTER V—AMERICAN INDIAN

TEACHER TRAINING

§ 3371. American Indian teacher training

(a) Institutional support

(1) In general

The Secretary of Education is authorized to

award grants to tribally controlled postsecondary, vocational and technical institutions for the purposes of—

(A) developing teacher training programs;

(B) building articulation agreements between such institutions and other institutions of higher education as defined in section 1201(a) of the Higher Education Act of

1965 [20 U.S.C. 1141(a)]; and

(C) basic strengthening of tribally controlled community colleges, as defined in

section 1801(a)(4) of this title.

(2) Use of grants

Grants awarded under this subsection shall

be for the purpose of providing upper division

course work, transfer programs, articulation

agreements (similar to those under part D 1 of

title I of the Higher Education Act of 1965)

with other accredited institutions, telecommunications programs or other mechanisms which directly support the training of

American Indian teachers.